04/19/2001 Agreement
Clerk of 11Ie
Circul coun
Danny L. Kolhage
Phone:292-3550 Fax:29~3663
Memnrandum
To:
Lynda Stuart, OfflCe Manager
Tourist Development Council
Attn:
Maxine Pacini
From:
Isabel C. DeSantis, 1\ 11 ~
Deputy Clerk ~ . L:. . J,.-J.
Date:
Monday, June 18,2001
At the BOCC meeting on April 19, 2001, the Board approved the following item:
Grant of Funds Agreement between Monroe County and Florida Keys Land and
Sea Trust for the Tidal Lagoon/Marine Habitat Restoration Project in an amount not to
exceed $22,500, DAC III, Capital Resources.
Attached hereto are two (2) duplicate originals of the subject document for your
handling. Should you have any questions concerning the above, please do not hesitate
to contact this office.
cc: Finance
County Attorney
011e
GRANT OF FUNDS
This AGREEMENT dated the~ay of PrPf!JL 2001, 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 Florida Keys Land and
Sea Trust, 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, improve, maintain, or promote 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 Tidal lagoon/Marine habitat
restoration project to improve and maintain the Crane Point Hammock Museum/Nature Center
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
improve the property for use as a museum/nature center 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 19, 2001 through December
31,2001. 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 materials and services required for
phase I and phase II of the tidal lagoon/marine habitat restoration to dredge/clean culvert; upgrade
electrical; Install aeration system; remove invasives and recreate marine habitat.
3. AMOUNT OF AGREEMENT AND PAYMENT. The County shall provide an amount not to
exceed $22,500 in reimbursement for materials and services used to 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.
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. Monroe County's performance
and obligation to pay under this agreement is contingent upon an ,annual appropriation by the
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Florida Keys Land & Sea
FY 2001 Capital Project Funding
1
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.
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.
Florida Keys Land & Sea
FY 2001 Capital Project Funding
2
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.
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 BOCCrrDC 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.
Florida Keys Land & Sea
FY 2001 Capital Project Funding
3
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 December 31,2001. 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.
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.
Florida Keys Land & Sea
FY 2001 Capital Project Funding
4
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.
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.
Florida Keys Land & Sea
FY 2001 Capital Project Funding
5
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 Florida Keys Land and Sea Trust: Della S. Schuler
Crane Point Hammock
5550 Overseas Highway
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
310 Fleming St.
Key West, FL 33040
WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
ar first above written.
L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:~JJ C. LOw)J aAiJ
Deputy Clerk
By:
Mayor/Chairman
By:
Florida Keys Land and Sea Trust
(SEAL)
ATTEST:
By:
ZANNE ;. HU}TON
'l.- /,. ftY f -
DATE . '
Florida Keys Land & Sea
FY 2001 Capital Project Funding
6
[~~!!~~_tlFI:~~:;:::
ONL Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
Franey, Parr' Muha, Inc.
13921 Park Center Road
Suite 160
Herndon, VA 20171
(703) 397-0977
INSURED
COMPANY
A
Federel Insurance Compan
Florida Keys land Sea Trust
P.O. Box 500536
Marathon, Fl 33050-0536
COMPANY
B
COMPANY
C
THIS IS TO CERTIFY THA T THE POLICIES OF INSURANCE LISTED BELOW HA VE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICA TED,NOTWITHST ANDINGANYREOUIREMENT. TERMOR CONDITION OF ANY CONTRACTOR OTHER DOCUMENTWITHRESPECTTO WHICH THIS
CERTIFICA TE MA Y BE ISSUED OR MA Y PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLlCI~J:.IMITS SHO~N_~AY HAVE BEEti REDUCED BY_PAID CLAIMS"
CO TYPE OF INSURANCE POLICY NUMBER I POLICY EFFECTIVE POLICY EXPIRATION
LTR DATE (MM/DD/YY) DATE (MM/DD/YY) LIMITS
A GENERAL LIABLITY 35360757 10/05/00 10/05/01 GENERAL AGGREGATE $ 2,000,000
X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG' $ 2,000,000
CLAIMS MADE W OCCUR PERSONAL & ADV INJURY $ 1,000,000
OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000
FIRE DAMAGE (Anyone fire) $
MED EXP (Anyone person) $ 5,000
A AUTOMOBILE LIABILITY 35360757 10/05/00 10/05/01
COMBINED SINGLE LIMIT $
ANY AUTO 1,000,000
ALL OWNED AUTOS BODIL Y INJURY
(Per person) $
SCHEDULED AUTOS
X HIRED AUTOS BODILY INJURY $
X NON-OWNED AUTOS (Per accident)
DATE PROPERTY DAMAGE $
GARAGE LIABILITY W~I\:tR: AUTO ONLY. EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT
AGGREGATE
A EXCESS LIABILITY 79761876 10/05/00 10/05/01 EACH OCCURRENCE 5,000,000
X UMBRELLA FORM AGGREGATE 5,000,000
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
EMPLOYERS' LIABLITY
$
THE PROPRIETORI INCL $
P ARTNERS/EXECUTlVE
OFFICERS ARE: EXCL $
OTHER
Accidental Death 66000687 10/05/00 10/05/01 $75,000.
$15,000
DESCRIPTION OF OPERATIONSILOCATIONS/VEHICLES/SPECIAL ITEMS
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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WLL ENDEAVOR TO MAL
30 DAYS WRmEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABR..ITY
OF ANY IND THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED R " ES ,NT~IVE l..
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,....., ..:::':'::::. ':\\:(r':.:~.....::::<:::~'::::::::::.:::"::::::::::::.:::,:.:jidir.Ri.kAnofl::iiis\:j
CERTIFICATE: 001/001/ 00005
...........................................................................
........................
Monroe County Board of County
Commissioners and TOC
1201 White Street
Key West, Fl 33040
...................1...
:Ac<ml)::~~mt MSJ
..................
..................
..................
ACORQM CERTIFICA. 2 OF LIABILITY INSU"ANCE I DATE (MM/DDIYY)
OS/24/2001
PRODUCER (305) 743-0494 FAX (305)743-0582 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Keys Insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. Box 500280 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Marathon, FL 33050-0280 INSURERS AFFORDING COVERAGE
INSURED Flori da Keys Lana & Sea Trust, Inc. INSURER A: Associated Industries Ins Co
P.O. Box 500536 INSURER B:
Marathon, FL 33050-0536 INSURER c:
INSURER D
I INSURER E
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I~~G P9L!~YEFFE~T~:= P9L,!s:.rI~XPIRA T~N
TYPE OF INSURANCE POLICY NUMBER DATE'IMM/DDIYY DATE MM/DDIYY LIMITS
~NERAL LIABILITY EACH OCCURRENCE $
COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone fire) $
I CLAIMS MADE 0 OCCUR MED EXP (Anyone person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
n'L AGGREnE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $
PRO- n
POLICY JECT LOC
~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $
ANY AUTO (Ea accident)
- APPROVED BY RISK MANAGEMENT
- ALL OWNED AUTOS \Tc..l ~t" BODILY INJURY
Cl.! /,,.,,,,,_...J: $
SCHEDULED AUTOS BY ...... (Per person)
-
HIRED AUTOS I
- E~" BODILY INJURY $
NON-OWNED AUTOS f1~ (Per accident)
-
'<h~, I\JH?; ~. PROPERTY DAMAGE $
""^ ' vr~__ (Per accident)
~RAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS LIABILITY EACH OCCURRENCE $
::J' OCCUR 0 CLAIMS MADE AGGREGATE $
$
=i DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND '000325126 12/23/2000 12/23/2001 I i6~~mylNS I IOJ~-
EMPLOYERS' LIABILITY 100,000
A EL. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $ 100,000
EL. DISEASE - POLICY LIMIT $ 500,00(J
OTHER
DESCRIPTION OF OPERATIONS/LOCATlONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
""OATION .." "'ORE"'. "'?ff:"" OO.,..,..U ""'€A VCR '" .."
Monroe County Board of County Commissioners ~ DAYS WRITT N NOTICE T T E CERTIFICATE HOLDER NAMED TO THE LEFT,
Monroe County TO( BUT FAILURE TO MAl SUCH NOT E HALL IMPOSE NO OBLIGATION OR LIABILITY
1201 White Street OF ANY KIND UPON T E COMPAI ,ITS AGENTS OR REPRESENTATIVES,
Key West, Fl 33040 AUTHORIZED REPRESENTA__- V
ACORD 25-S (7/97)
@ACORDCORPORATION 1988
COVERAGES