Item G08
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: NOVEMBER 17. 2004
Division:
TDC
Bulk Item: Yes -L No
Department:
AGENDA ITEM WORDING:
Approval of an Amendment to Agreement with the City of Marathon for the Sombrero
Beach Injection Well project to extend the Agreement period to terminate on December
31,2004.
ITEM BACKGROUND:
PREVIOUS REVELANT BOCC ACTION:
saee approved original Agreement at their meeting of April 21,2004.
CONTRACT/AGREEMENT CHANGES:
Amendment to extend
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $31.644
BUDGETED: Yes -1L. No
COST TO COUNTY: $31.644 SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes~ No
AMOUNTPERMONTH_ Year
APPROVED BY: CountyAtty-1L OMB~---j~~~t~.
DIVISION DIRECTOR APPROVAL:
(Lynda Stuart)
DOCUMENTATION:
Included X
To Follow_ Not Required_
AGENDA ITEM # G Z
DISPOSITION:
Revised 2/27/01
c:::-
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACTS~y
Contract with: The City of Marathon Contract #_
Effective Date:
Expiration Date:
Contract Purpose/Description:
Approval of an Amendment to Agreement with the City of Marathon for
the Sombrero Beach Injection Well project to extend the Agreement period
to terminate on December 31, 2004.
Contract Manager: Maxine Pacini 3523 TDC#3
(Name) (Ext. ) (Department/Stop #)
for BOCC meetin,g on 11/17/04 A,genda Deadline: 11/2/04
CONTRACT COSTS
Total Dollar Value of Contract: $ 31,644
Budgeted? Y es~ No 0 Account Codes:
Grant: $
County Match: $
Current Year Portion: $
119-79040-530340_ T 49M-496Y -530340
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ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (e2. maintenance, utilities, ianitorial, salaries, etc.)
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CONTRACT REVIEW
Changes
/1?tJJJ&.V YesNoeedNeod r-fy
Division Director ~i L:J
Risk Management {lLJB~Cl{Y eso Noff
O.M.B./Purchasing ~r Yeso NoD
County Attorney ~lI'i' Y eso No~
P. Mercado
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Comments:
OMB Form Revised 2/27/01 MCP #2
THIS ADDENDUM to agreement is made and entered into this _ day of
2004, between the County of Monroe and The City of Marathon.
WHEREAS, there was a contract entered into on April 21, 2004, between the
parties, awarding $31,644 to The City of Marathon for the Sombrero Beach Injection
Well project, and
WHEREAS, it has become necessary to extend the contract for an additional
period to allow time for The City of Marathon 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 December 31,
2004.
2. The project outlined in paragraph 2 of the Agreement shall be completed
by December 31, 2004 and invoices submitted to the County Finance
Department no later than September 30, 2005. The Grant in Aid funds
must be expensed in the fiscal year ending September 30, 2005. No
funds will be available for use for this project agreement after September
30, 2005.
3. The remaining provisions of the contract dated April 21, 2004, 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 Marathon
(SEAL)
ATTEST: CITY CLERK
Mayor
City Clerk
(SEAL)
ATTES~ DANNYL.KOLHAGE,CLERK
BOARD OF COUNTY
COMMISSIONERS OF
MONROE COUNTY, FLORIDA
Deputy Clerk
DATE
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CITY OF MARATHdN, FLORIDA
10045-55 Overseas Highway, Marathon, Florida 33050
Phone: (305) 743-0033 Fax: (305) 743-3667
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September 7. 2004
Harold Wheeler
Tourist Development Council
P.O. Box 8B8
Key West. Florida 44041
.
. .". RECEIVED SfP 1 5 2004
RE: Sombrero Beach Injection Well
# 11979040530340 T49M498X 530340
Dear Mr. Wheeler:
Due to the recent hurricane activity this project is behind schedule. The well is drilled but we are having
trouble getting the well box delivered. Had it not been for the storm delays the project would have been
completed on schedule easily.
Please let me know what I need to do in order to extend the funding period approximately 3D days
for this grant. I apologize for the delay.
Sincerely.
~~
Susie Thomas
Project Manager
City of Marathon
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INTERLOCAL AGREEME~ I
FOR
GRANT IN AID FUNDS
This AGREEMENT dated the:Jd!!.day of iJ.f eJ I- 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"TQC" 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 Injection
Well project to construct the Injection well, hereinafter "the Property"; and
WHEREAS, Grantee has the ability to act as manager for the project; and
WHEREAS, the County and TOC have detennined that It is in the best interest of the
County, for pulpOSes of promoting tourism and Preserving the heritage of the community to
acquire the project for Use as a beach open to the public;
NOW, THEREFORE, in consideration of the mutual covenants and payments conteined
herein, the Grantee and the County have entered into this agreement on the lenns and conditions
as set forth below.
1. AGREEMENT PERIOD. This agreement Is for the /l8riod of April 21, 2004, through
September 3D, 2004. This agreement shall remain in effect for the staled period unless one party
gives to the other Written notificatfon of tennination pursuant to and in compliance With paragraphs
7,11 and 12 below.
2. SCOPE OF AGREEMENT. The Grantee shall Provfde such services and materials as are
required to Install an injection Well for the purpose of absorbing excessive stonn water and
draining the east end of the park and parking lot at the Sombrero Beach. The project shall
include the following WOrk Items: Engineering, DEP borehole pennlt package, Borehole for
stormwater disposal, Tanks, shipping and setting, Piping connections of tanks, borehole, Repair
landscape, fence and elements disturbed by construction.
A schedule of values is attached hel8lo as Exhibit A and shall be uSed as a gUideline in
detennining contract compliance for reimbursement purposes.
This project shall be completed and invoices submitted to the County Finance Department no later
than September 3D, 2004. The Grant in Aid funds must be expensed in the tisca, year ending
September 30, 2004. No funds will be available for use for this project agreement after
September 30, 2004.
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The'reciPlent of TOC capital proJect funding shall designate a p~ manager if no Ilcansed
architect, engineer or gell8llll contractor is IIl1IOIved In the project. If the project Is perfonned by
County or City Jl8tSOnne/, the PIO/ecl manager ahall be the Engineer, Building otIiclaJ or
ConstnJclfon Manager of that local 9OV8mment. Should any algnage be lll'8eIed acknowledging
the deve/oPll18llt of the proJect, said signage shan acknowledge the TOUrist Development Council
of Monroe County.
If the amount of awardlllCC8eds $25,000, the Grantee agrees to dedicate the proJect PIOpetty for ,
period of ten years, absent any acta not In control of the Grantee SUch as hunlcane or Ierroria
damage, to the public PU/l1088 for which the funds are hereUnder to be paid by County. If projec
encompasses acqulalllon of Jl8tSOna/ty (property other than realty) rather than or In addition II:
improvemenl8 to real property and for any reason the proJect property ceaaea such public PUrposE
use before the expiration of the ten years, tha personalty acquired under this agreement shall be
used for purpoaea which are related to the promoUon of tourism In Monroe County, by retention by
grentee and usa for proper pUrposes in another Iocatfon, or delivered to the County or a not-for-
profit organization to be Used for purposes of promoting tourism.
3. AMOUNT OF AGREEMENT AND PAYMENT. The County shall Provide an amount not
to exceed $31,644 In reimbursement for materials and 88IVIcea used to construct the property.
The Board of County Commlaalonera and the Tourist Development Council assume no liability to
fund this agreement for an amount in 8XC88a of this award. Monroe County's perfonnance and
obligation to pay under this agreement is COntingent upon an annual appropriation by the BOCC.
a). Payment for 8JCpandltures permlaaib/e by law and County policies shall be made
through reimbursement to Grantee upon Plll8entetion of illllO/cea, canceled checks and other
documentation nece88ary to suPPOrt a claim for reimbursement. Included in said documentation
shall be proof that the Grentee has received and applied to the property matching funds
equivalent to or greater then the amount invoiced to the County. Submlaalon of inllOicea must be
certlfIed through a 8latement signed by an ofIIcer of the organization and notarized, declaring that
representations in the invoice are true and factual.
b). Matching funds In an amount no 'ess than the funds Provided under this agreement
are required to be applied to the project. Application of matching funds reqUires aclual payment of
the matching funds. Mere obligation through execution of a contract or approval of a budgat item
to be paid from matching funds Will not sufllce. In Order for funds to be deemed matching, they
shall have been ellpended for the services and materials required for the apec/ffc project
described In the Scope of Servfcea paragreph. Any funds applied to any use on the reel property
other than the proJect shall not be Used as matching funds required under this agreement. In
order to be considered matching funds for the project funded by grant under this agreement. the
matching funds must be applied to the project during the term of this agreement.
c). Documentation shall be submitted to the TDC Admini8lrative 0IIlce to show the
receipt and application of In-kind donations of goods, Profeaaional services, and materials. Said
documentation should Include InllOicea, bills of lading, etc., and be verified as received and
applied to the project through a notarized 8latement of the proJect architect, engineer, general
contractor or project manager. The receipt and application to the project of IIO/unteer 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 TOe Administrative
0IIlce. All submissions should have a proPDsed schedule of values for phaaea and indicate the
percentage of completion of the OVerall project as of the submlaslon. This document should be
signed by the project archDect. engineer, general contractor or project manager.
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. . d) Funding granted under this Grant In AId Agreement rnust be expended by the Coon
no later than September 3D, 2004. Any amount of the grant funds not expended by County I
that dele shall no longer be available 10 Grantee, unless prior 10 September 30, 2004, ,
amendment extending this agreement has been applOVed in Writing and eXllalted by both partie,
4. REPORTS. The Grantee shell Provide financial reports in Summary of activity on forms
provided or approved by the TDC, and quarterly narrative reports of activity undar the applOVed
wolf< plan. The Grantee shall keep such records as are necessary 10 doaIment the performance
of the agreement and expenses as incurred, and give access 10 these records at the request of
the TDC, the County, the State of Florida or authorized agents and representalfves of said
govemment bodies. It is the responsibility of the Grantee to maintain appropriate records to
Insure a proper accounl/ng 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 Slate of Florida, the CIerI< of Court for Monroe County, the Board of County
Commissioners for Monroe County, or their agents and representatives. In the event of an audft
exception, the current fl8ca/ 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 applOVed by the Board of County Commissioners
for Monroe County.
6. INDEPENDENT CONTRACTOR. At alll/mas 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 slatement contained In this agreemant shall be construed as to find the
Grantee or any of its employees, contractors, 88IVants 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 canying out its obligations under this agreement, the Grantee
shall abide by all statutes, Ordinances, rules and regulations pertaining to or regulaUng the
provisions of this agreement, inclUding those now in effect and heraafter adopted. Any violation of
said statutes, Ordinances, rules or regUlations shall con8lilute a malariel breach of this agreement
and shall enlitle 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 tenns:
a) Anll-discrlm/naUon. Contractor agrees that they Will not discriminate against any
employees or applicants for employment or against persons for any other benefit or sa"'lce under
this agreement because of their race, color, religion, sex, national origin, or physical or menlaJ
handicap where the handicap does not affect the ability of an individual 10 p8lform in a POSition of
employment, and 10 abide by all federal and slate lal1l8 regarding non-discrimlnatlon.
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,
petCenlage, brokerage or contingent fee, and that no employea or oIIicer of the Contractor has
any interest, financially or otherwise, in Contractor. For breach or violation of this warranty, the
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Contractor shall have the right to annul this llgI8ement without lIa6ll1ty or, in its discretion, to
deduct from the agAlement price or consideration, the full amount of such commission,
percentage, brokerage or contingent fee. Conlractor acknowledges that it Is aware that funding
for this agreement is avaHable at leaat In pert through the County and that violation of this
paragraph may result in the County Withdrawing funding for the Project.
c) Licenslng and Permits. Contractor warrants that it shall have, prior to commencement 0
war!< under this agreement and at all times during said wortc, aN required licenses and pennits
whether federal, state, County or City.
9. ANTI-DISCRIMINA TION. The Conllactor agrees that they will not diSCriminate against any
of their employees or applicants for emp/llYIY1enI or against P8IllOns for any benefit or S8IVIce
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 P8lfonn In a posjIjon of employment,
and to abide by all federal and state laws regarding non-discrimination.
10. ANTI-KICK8ACK. The Contractor warrants that no P8/8On has ~ employed or retained
to solicit or secure this 8greement upon an lI!II8ement or understanding for a commission,
percentage, brokerage or COntingent fee, and that no employee or ofIIcer of the County or TDC
has any Interest, financially or oIharwise, In the said funded project, except for geneml
membership. For breach or violation of this warranty, the County shall have the right to annul this
agAlement without liability or, in its discretion, 10 dedud from the agAlement price or
COnsideration, the full amount of such commission, percentage, brokerage or contingent fee.
11. TERMINATION. This agreement shalllanninate on September 30, 2004. T enninatlon
prior thereto shall occur Whenever funds cannot be obtained or cannot be continued at a level
sufllclent to allow for the continuation of this agreement pursuant 10 the tenns herein. In the event
that funds cannot be continued at a level suflicjent 10 allow the COntinuation of this agAlement
pursuant 10 the terms 8P8Cffled herein, this agreement may then be tenninatad Immediately by
written notice of tenninatlon delivered in person or by maD 10 Grantee. The County may lanninate
this agAlement without cause upon giving WriIten notfce of termination 10 provider. The County
shall not be obligatad 10 pay for any servlcas or goods Provided by Grantee after Granlae has
received written notice of termination. If the Agreement does not receive an approved extension
beyond the grant agreement period, as delined In-paragraph 1, the grant In aid funds wHI expire on
the fiscal year ending date of September 30, 2004.
12. TERMINATION FOR BREACH. The County may immediately tennlnate this agreement
for any breach of the terms contained herein. Such termination shall take place Immediately upon
receipt of written notice of said tennlnatlon. Any waiver of any breach of covenants herein
contained 10 be kept and perfonned by Grantee shall not be deemed or considered as a
COntinuing waiver and shall not operate 10 ber or prevent the County from declaring a foIfeilure for
any SUcceeding breach either of the same conditions or of any other conditions. Failure 10 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
herelo with respect 10 the subject mailer hereof and SUP8rsedes any and all prior agreements with
respect to such subject matter between the Grantee and the County.
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14. CONSENT TO JURISDICTION. This agreement, its perfonnance, and all disputes arisil'll
hereunder, shall be governed by the laws of the Slate of Florida, and both parties agree that tha
proper venue for any actions shall be in Monroe County.
15. ETHICS CLAUSE: Grantee warrants that he hes not employed, retained or otherwise had
act on his behalf any fonner County oIIicer or amployee In violation of SectIon 2 or Ordinance No.
10-1990 or any County officer or amp/oyee In violation of Section 3 of Ordinance No. 10-1990.
For breach or violation of the provision the County may, st its dlscration tenninate this agreement
without liabHlty and may also, at its dlscration, deduct from the agreemant or PUrchase price, or
oth8lWise recover, the full amount of any fee, commission, P81Centage, gift, or conslderatlon paid
to the former or present County officer or employee.
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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 s8lVices 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 '- of reel property to public entity, may not be awarded or perfonn WOrk as
a Contractor, supplier, SUb-contractor, or COIl8Ullent 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 perfonnance
of the activities encompeSSed by the project hereln described. Each of the signatories for the
Grantee below certifies and warrants that the Grantee's name in this agreement is the full nama
as designated In its corporate charter (if a corporatlon); they are emllOW8red 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 pennits
whether federal, state, County or City.
1 g. INSURANCE: The parties to this agreement stipulate that each Is a state govemmenlaJ
agency as defined by Florida Statutes and represents to the other that It has PUrchased suitable
Public liability, Vehicle UabHity, 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 nollce 10 the County of any suit, claim or action mede 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 nagligence on the part of its amployees, agents,
contractors, and subcontractors and shall defend, Indemnify and hold the other party hann/ess
from all claims arising out of such actions.
20. NOTICE. Any written nollce 10 be given 10 either party Under this agreement or related
hereto shall be addreSSed and delivered as follows:
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c I/I!oWITNESS WHEREOF,the parties hereto have caUsed this agreement to be executed
th,e c;lay-~ year first above written.
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J'~~ClERK
eputy Clerk
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. For Grantee:
For County:
8y:
Susie Thomas
Executive Program COOrdinator
City of Marathon
10045-55 Overseas Hwy
Marathon, FL 33050
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
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: ~.L
.~ J ~,~ :611. fi
IVay",r, 8''''''8
Mayor Pro Tem
CI~THON ~
By: ,,'~D ~
Mayor
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EXHIBIT A
1. Cost Estimates: Us! aU 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. AI, phases and total
estimated cost of the entire project must be listed here.
En 'neerln rmlttln borehole tanks I In
'andscaae r8Dafr
Tota' cost of phase/project for which funds are requested: (not to exceed
50% of the total project cost:
a)Phase
b )Project
,
-1Z0.000
Percentage of TDC funds requested of Total Budget (not 10 exceed 50%
of the tota, project cost)
2. Conflrmallon that signed, sealed bid Process was utilized for acquiring
architectural services, or that project does not reqUire architectural services.
Refer to answer # 12 above
3. Matching Funds. List tha sources and amounts of confirmed matching
funds. (For items ImlOMng personnel, Include the number of houlS 10 be spent
on the project acIMtIes and their per-hour value). These funds must not be
expended before execution of a Capital Project Agreement Prior donated
services or expenditures a/8 not acceptable as match for grant funds. No mo/8
than fifty (50%) P8rcenI of matching funds or twenty-live (25%) P8l'C8nt of the
tota, project shall be in-kind services.
a)Phase I
b )Project 50%
Total confirmed matching Hard-dollar funds:
Total confirmed matching In-kind funds:
$35.000
This amount should equal or exceed TOC Funds requested.
N/A
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4. Outline of expansion opportunity for acquiring further match grants.
N/A
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