Item F05
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: NOVEMBER 16, 2005
Division:
TDC
Bulk Item: Yes ~ No
Department:
Staff Contact Person: Maxine Pacini
AGENDA ITEM WORDING:
Approval of an extension to Agreement with the City of Marathon for the Community Park Phase III
project to acquire land for the purpose of constructing an aquatic center to March 31, 2006.
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION:
BOCC approved original agreement at their meeting of January 28,2004.
CONTRACT/AGREEMENT CHANGES:
Extension to Agreement
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $120,000
BUDGETED: Yes -L No
COST TO COUNTY: $120,000
SOURCE OF FUNDS:
TDC
REVENUE PRODUCING: Y es ~ No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty ~ OMB/Purchasing-K-
Risk Management --L
DIVISION DIRECTOR APPROVAL:
(Lynda Stuart)
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 2/05
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: City of Marathon Contract #_
Effective Date: 11/16105
Expiration Date:
Contract Purpose/Description:
Approval of an extension to Agreement with the City of Marathon for the Community
Park Phase III project to acquire land for the purpose of constructing an aquatic center
to March 31, 2006.
Contract Manager: Maxine Pacini 3523 TDC # 3
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 11/16/05 Agenda Deadline 11/ 1/05
CONTRACT COSTS
Total Dollar Value of Contract: $ 120,000
Budgeted? Yes[ZJ No 0 Account Codes
Grant: $
County Match: $
Current Year Portion: $
119~ 79040~530340~ T49M~495A~530340
- - - -
-----..- ~ - ~ ----
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, ete.)
~ ~
---
CONTRACT REVIEW
Changes
J~ $ . Needed ....
Division Director af ('L1 f~esD Nolf]
h~/ f J// ...
Lf'l w () 'I 0\ fT1/
Risk Managemenv( :t ! :/ YesO NOLt::J
~. ~ ./~
O.J13JPurchasin~ G;-2Q-C6 YesD No[1f ..
County Attorney ~ YesD No~-~/
I
Date Out
S.Hutton
Comments:
OMB Form Revised 2/27/01 MCP #2
AMENDMENT TO INTER-LOCAL AGREEMENT
THIS ADDENDUM to agreement is made and entered into this _ day of
2005, between the County of Monroe and The City of Marathon.
WHEREAS, there was a contract entered into on January 28, 2004, between the
parties, to fund the Community Park Phase III project to acquire land for the purpose of
constructing an aquatic center; and
WHEREAS, it has become necessary to extend the contract due to construction
and design delays;
NOW, THEREFORE, in consideration of the mutual covenants contained herein
the parties agree to the amended agreement as follows:
1.
31, 2006.
Contract period as outlined in Paragraph 1 shall be extended to March
2. The remaining provisions of the contract dated January 28, 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.
City of Maratho
,f
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~----;:/
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY
COMMISSIONERS OF
MONROE COUNTY, FLORIDA
Deputy Clerk
Mayor/Chairman
Glacier
Page I of 1
Pacini-Maxine
From: Susie Thomas [thomass@cLmarathon.fLusJ
Sent: Wednesday, September 14, 2005 11 :11 AM
To: adminasst@fla~keys.com
Subject: $120,000 Aquacenter TOC Grant
The City of Marathon is requesting an extentionsion on the $120,000 OAC III TOC grant award for an
aquacenter at Phase 1Il of the Community Park. There are some contractual delays with the selected
bidder due to design issues. There was only one bidder which makes the negotiation process slightly
more complex. Thank you for your efforts on behalf of the City.
Susie Thomas
Project Manager
City of Marathon
305~289~41 03
305~481-631 5 (cell)
305~289~4123 (fax)
thomass@ci.marathon.fl.us
9/14/2005
INTERLOCAL AGREEMENT
FOR
GRANT IN AID FUNDS
This AGREEMENT dated the.21..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 Community Park Phase III
project to acquire land for the purpose of constructing an aquatic center, hereinafter "the Project";
and
WHEREAS, Grantee has the ability to act as manager for the project; and
WHEREAS, District III Advisory Committee has recommended certain conditions to insure
that the proposed project is completed and that the property is used solely for the purpose of
establishing an aquatic center; 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 the project for use as a sports arena 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 February 18, 2004 through
September 30, 2005. 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.
a). Grantee shall acquire 1.10 acres of land which shall be dedicated to the public for
the purpose of establishing and constructing an aquatic center contiguous to the existing
community park, and shall enter into a contract for design of an aquatic center. The land shall be
acquired by September 30,2004. A restrictive covenant, enforceable by the County, shall be filed
in the Official Records of Monroe County, Florida, for the purpose of insuring that tourist
development dollars are expended for a project permissible under State Statute and County Code.
The restrictive covenant shall provide that in the event the property to be acquired under this
agreement is ever sold or is diverted to any use other than an aquatic center and accessory uses,
the monies paid under this agreement from the tourist development revenue shall be repaid to the
County. Failure of the Grantee to allocate sufficient funds to close on the purchase of the property
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on or before September 30, 2004 shall constitute a breach of this agreement for which the
agreement shall terminate immediately at 12:01 a.m., October 1, 2004. without any notice other
than this agreement, and County's obligation to pay shall terminate at that time.
b). Grantee shall, by September 30.2005, execute a contract for the design of
the aquatic center.
c). Grantee shall provide the District III Advisory Committee with quarterly reports as the
different phases of the plan develop, as well as quarterly reports of the grantee's expectations
from the District III Advisory Committee in relation to marketing and advertising for the project.
This project shall be completed and invoices submitted to the County Finance Department no later
than September 30,2005. The Grant in Aid funds must be expended by the end of the fiscal year
ending September 30, 2005. No funds will be available for use for this project agreement after
September 30, 2005.
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.
3. AMOUNT OF AGREEMENT AND PAYMENT. The County shall provide an amount not
to exceed $120,000 in reimbursement for the acquisition of the property, conditioned upon the
recordation in the Official Records of Monroe County, Florida, of restrictive covenants, dedicating
the property to the public for purposes of an aquatic center. and upon the execution of one or
more contracts for the design of the aquatic center. 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 SOCC.
a) Payment for expenditures permissible by law and County policies shall be made
through reimbursement to Grantee 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 above stated conditions have been met and that the Grantee 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) Matching funds in an amount no less than the funds provided under this agreement
are required to be applied to the project. Application of matching funds requires actual payment of
the matching funds. Mere obligation through execution of a contract or approval of a budget item
to be paid from matching funds will not suffice. In order for funds to be deemed matching, they
shall have been expended for the services and materials required for the specific project
described in the Scope of Services paragraph. Any funds applied to any use on the real 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 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
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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.
d) Funding granted under this Grant in Aid Agreement must be expended by the County
no later than September 30, 2005. Any amount of the grant funds not expended by County by
that date shall no longer be available to Grantee, unless prior to September 3D, 2005, an
amendment extending this agreement has been approved in writing and executed by both parties.
4. REPORTS. The Grantee 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 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
3
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.
11. TERMINATION. This agreement shall terminate on September 30.2005. 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 Grantee. 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 Grantee after Grantee has
received written notice of termination. If the Agreement does not receive an approved extension
beyond the grant agreement period, as defined in-paragraph 1, the grant in aid funds will expire on
the fiscal year ending date of September 30, 2005.
12. TERMINA nON 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 Grantee 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
4
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 otthe parties
hereto with respect to the subject matter hereof and supersedes any and all prior agreements with
respect to such subject matter between the Grantee 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: Grantee 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. 1 Ow 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 Oirectors 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.
5
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:
Susie Thomas
Executive Program Coordinator
City of Marathon
10045-55 Overseas Hwy
Marathon, FL 33050
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
/~!TNESS WHEREOF. the parties hereto have caused this agreement to be executed
;{/ a"';;' ar first above written.
/fl' 113
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;"\:~~:'" . LJ( NY L. KOLHAGE. CLERK
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".-/ /Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIOA
By:
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"f/" '- /"~
r ayor/Chairman
By:
City of Marathon
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By. .'WW . ... . 'n...
Mayor
6
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 TDC funds requested. All phases and total estimated cost of the
entire project must be listed here.
Phase I = Purchase of Property in the amount of $400.000.00 plus closina
costs
(this is the cost of the current apPlication reQuest)
Phase II = Develop Desian/Build Performance Criteria and put out RFP for
proiect desiCln/build $26.000.00
Phase III = Select Desian/Build firm to construct proiect $900.000 to $1.3 million
Total cost of phase/project for which funds are requested: (not to exceed
50% of the total project cost:
a)Phase
b )Project
I
$400,000.00 plus closing
costs
Percentage of TOC funds requested of Total Budget: (not to exceed 50%
of the total project cost)
a)Phase
b )Project
I
$200.000.00
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 $200.000.00 from City of Marathon Capital Infrastructure funding
( see attached 2004 Capital Improvement schedule; schedule f)
b) In-Kind (50%) limit:
Total confirmed matching Hard-dollar funds:
Total confirmed matching In-kind funds:
$200,000.00
This amount should equal or exceed TOC Funds requested.
23
Page 1 of 2
Projected in-kind services and goods shall be allocated the following values.
subiect to neootiation with TOe/County. List here all such anticipated values:
4. Outline of expansion opportunity for acquiring further match grants.
The City of Marathon is applvina for a Florida Recreation Development
Assistance Proaram (FRDAP) ora"t for acquisition in the amount of
$200,000.00.
Page 2 of 2
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