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Item D03 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: OCTOBER 17,2007 Division: TDC Bulk Item: Yes -K- No Department: Staff Contact PersonlPhone #: Maxine Pacini 296-1552 AGENDA ITEM WORDING: Approval of Fishing Umbrella event agreements for FY 2008 as per attached spreadsheet totaling $262,500. ITEM BACKGROUND: In order to reduce the vast quantity of paperwork we request your approval of the fishing events outlined on the attached spreadsheet wherein the amount of the agreements; the dates of the events; TDC approval; and routing checklists are provided. PREVIOUS RELEVANT BOCC ACTION: At the meeting of April 19, 1995 the BOCC approved TDC's reduction of repetitive paperwork wherein TDC would provide a summary of event(s) funding information. A boilerplate Fishing event agreement is attached for your information. CONTRACT/AGREEMENT CHANGES: The attached are all new contracts STAFF RECOMMENDATIONS: Approval TOTAL COST: $262500 BUDGETED: Yes ~ No COST TO COUNTY: $262500 SOURCE OF FUNDS: TDC REVENUE PRODUCING: Yes -K- No AMOUNTPERMONTH_ Year APPROVED BY: County Atty ~ OMB/Purchasing ~ Risk Management X DOCUMENT ATION: Ind uded X Not Required_ DISPOSITION: AGENDA ITEM # Revised 11/06 tn - c ~ w en c .:::. .! u. co o o N >- U. 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I- 0 0 0 CD <91- _ I- -l <9 :::.::: u: a.0 I- :::.::: I- 0::: 0 0::: 0 0::: Boiler Plate AQreement For FishinQ Events FUNDING AGREEMENT THIS AGREEMENT is made and entered into by and between Monroe County, Florida, a political subdivision of the state of Florida ("County"), and Organization/Entity ("Event Sponsor") on this _ day of ,2007. WHEREAS, Florida Keys Fishing Tournaments, Inc., the umbrella organization under contract to the County, has recommended to the Monroe County Tourist Development Council (hereinafter "TDC"), which has endorsed the recommendation, that certain monies be allocated for promotion of an event by Event Sponsor; and WHEREAS, Event Sponsor has represented and agreed that it desires and is able to cond uct the event; NOW, THEREFORE; In consideration of the mutual promises contained herein, the parties agree as follows: 1. County shall pay a sum not to exceed $ (Number of Dollars) for promotion and related expenditures effective October 1, 2007, as described in the event budget, attached hereto as Exhibit B, for production of the (Name of Tournament and date of Tournament) ("Event"). Payment will be made only after Event Sponsor submits invoices and support documentation acceptable to the County's Finance Department within ninety (90) days of the conclusion of the Event. Funding under this agreement terminates ninety days after the conclusion of the Event. The advertising and promotion budget for County funding may be altered as to the individual line items, or components, within 10% of the amount stated for that item or component, without increasing the total dollar amount and without requiring a written amendment to this agreement. The general non-allocated section of the Event budget may be utilized for unforeseen allowable expenditures and for those budget lines that may require additional funds, according to County guidelines. Monroe County's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the County. 2. In a situation where the Event has to be postponed due to a named storm or hurricane for which the County orders a visitor and/or resident evacuation order, the Event Sponsor shall have thirty (30) days to provide to Florida Keys Fishing Tournaments, Inc. notice of a new date for the Event, and shall produce the re-scheduled Event within ninety (90) days of the original date of Event. The rescheduled date shall be authorized, in writing, by The Florida Keys Fishing Tournaments, Inc, and forwarded to the Tourist Development Council administrative office to be processed in the form of an Amendment to this Agreement. If the Event Sponsor is unable to reschedule the Event, the Event Sponsor shall provide proof of the cancellation being caused by a named storm or hurricane, and a written statement as to why the Event cannot be rescheduled. If the Event is cancelled or rescheduled due to a named storm or hurricane for which the County orders a visitor and/or resident evacuation order, the County shall pay for promotion or related expenditures of any combination of invoices for the original event date, Fishing Umbrella Funding FY 2008 Contract ID#: 1 and/or the rescheduled date up to the amount, but not to exceed the amount of funds allocated as described in the budget, attached hereto as Exhibit B. 3. Event Sponsor shall provide promotion and related services as described in the Sponsor's application for funding, Exhibit A, attached hereto, All advertising and public relations services or supervision of advertising and public relations will be provided through the contracted agencies of the TDC and County. The agencies of record, shall receive payment of work in progress upon submission of documented invoices associated with the Event. Event Sponsor fully understands that funding is obtained from tourist development taxes for which the fiscal year ends September 30, 2008. Event Sponsor also understands that the funding process through which this was Agreement is made available by County requires event sponsors to submit their payment requests within ninety (90) days of the conclusion of the event. In order for the tourist development taxes to be utilized most effectively for the purpose for which they were authorized, attracting and promoting tourism, the budgeting process of the County requires the Event's funding to be concluded in a timely manner, In recognition that the timeliness of payment requests is of extreme importance to the funding of future advertising and promotion for the stability of the tourist-based economy, Event Sponsor agrees to submit within ninety (90) days of the conclusion of the Event all invoices and support documentation as required by the County's Finance Department rules and policies. Event Sponsor shall not be reimbursed nor will Event Sponsor's vendors be paid directly for any invoices received by the County after (insert date of 90 days after last day of Event). 4, No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Event Sponsor agree that neither the County nor the Event Sponsor or any agent, officer, or employee of either, shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in the Agreement. 5. Event Sponsor shall reimburse County for any amount of funds expended by County in connection with the Event if it does not occur as a result of any act or omission by Event Sponsor. 6. Event Sponsor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of the services provided, event sponsored, or other activities and funding associated with this agreement. Should the Event involve the serving or distribution of alcoholic beverages, Event Sponsor shall obtain prior to the Event, a Liquor Liability insurance policy naming Monroe County as a co-insured. Fishing Umbrella Funding FY 2008 Contract 10#: 2 7. Event Sponsor shall maintain records pursuant to generally accepted accounting principles for four (4) years after the Event and shall permit County and its agents and employees access to said records at reasonable times. 8. County may terminate this agreement without cause upon providing written notice to Event Sponsor no less than sixty (60) days prior to the Event and may terminate for breach upon providing to Event Sponsor notice at least seven (7) days prior to the effective date of the termination. 9. Event Sponsor is an independent contractor and shall disclose any potential conflicts of interest as defined by Florida Statutes, Chapter 112 and Monroe County Code, Article XXI. 10. Event Sponsor warrants that he/she/it has not employed, retained or otherwise had act on his/her/its 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 contract without liability and may also, at its discretion, deduct from the contract 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. 11. 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 a contract to provide any goods or services to a public entity, may not submit a bid on a contract 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, subcontractor, or consultant under a contract 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. By signing below, Event Sponsor warrants that he/she/it is not in violation of this paragraph. 12, LOQo: All promotional literature and display advertising with the exception of generic advertising must display the "Florida Keys & Key West Come As You Are" logo/trade mark (as per attached logo sample). This logo/trade mark was adopted by the TDC and County in December 2006. In-County LOQo: The logo that includes the "Monroe County Tourist Development Council" designation is to be utilized in all approved in-county print newspaper ads, magazine ads, street banners, posters and other approved signage efforts. Radio commercials should include "Brought to you by The Monroe County Tourist Development Council". To seek approval, clarification and/or logo in electronic format (eps or jpg file), contact Lauren Bernat or John Underwood with Tinsley Advertising at 305-856-6060. Out of County LOQo: The out of county logo does NOT include the "Monroe County Tourist Development Council" designation and is to be utilized in all other efforts including any Fishing Umbrella Funding FY 2008 Contract 10#: 3 approved out-of-county print newspaper ads, magazine ads, television commercials, internet advertising (banners, buttons, e-mail blasts), direct mail promotions (brochures and pamphlets) and any approved promotional items including programs, T-shirts, hats, jackets, trophies and koozie cups. Radio commercials should include "Brought to you by The Monroe County Tourist Development Council". To seek approval, clarification and/or logo in electronic format (eps orjpg file), contact John Underwood at Tinsley Advertising at 305-856-6060, 13. Insurance Requirements are as follows: Event Sponsor, as a pre-requisite of the Special Event governed by this agreement, shall obtain, at its own expense, insurance as specified in this section. Event Sponsor will not be permitted to commence work associated with the Event (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the county as specified below. Event Sponsor shall maintain the required insurance throughout the entire duration of the Special Event and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of the Event until the required insurance has been reinstated or replaced. Event Sponsor shall provide, to the County, as satisfactory evidence of the required insurance, either: * Certificate of Insurance or * Certified copy of the actual insurance policy A certified copy of any or all insurance policies required by this contract shall be filed with the Clerk of the BOCC prior to the Event. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. Acceptance and/or approval of Event Sponsor's insurance shall not be construed as relieving Event Sponsor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies. Any deviations from these General Insurance Requirements must be requested in writing on the County form titled "Request for Waiver of Insurance Requirements" and must be approved by Monroe County Risk Management. Event Sponsor shall furnish the County with a certificate evidencing the insurance required by this paragraph not later than twenty (20) days prior to the Event. Prior to commencement of work governed by this contract, Event Sponsor shall obtain General Liability Insurance. Coverage shall be maintained through out the life of the contract and include, as a minimum: * Premises Operations * Products and Completed Operations * Blanket contractual Liability * Personal Injury Liability * Expanded Definition of Property Damage The minimum limits acceptable shall be: * $1,000,000.00 combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: Fishing Umbrella Funding FY 2008 Contract 10#: 4 * $500,000.00 per person $1,000,000.00 per Occurrence $100,000.00 Property Damage An Occurrence Form policy is preferred, If coverage is provided on a Claims Made policy, its provisions shall include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the Event. Recognizing that the work governed by this contract involves the sales and/or distribution of alcoholic beverages, the Contractor's General Liability Insurance policy shall include Liquor Liability with limits equal to those of the basic coverage. A separate Liquor Liability policy is acceptable if the coverage is not more restrictive than the Event Sponsor's General Liability policy. * * 14. Event Sponsor shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and Vendor, which approval shall be subject to such conditions and provisions as the Board may deem necessary. (SEAL) Attest: Danny L. Kolhage, Clerk Board of County Commissioners of Monroe County Deputy Clerk Mayor/Chairman (CORPORATE SEAL) (Organ ization/Entity) Attest: By. Secretary By President/Event Sponsor Print Name Print Name OR Date: (1) Witness Print Name (2) Witness Print Name Fishing Umbrella Funding FY 2008 Contract 10#: 5 In-County LOQO The Floridd Keys ... MONROE COUNTY TOURIST DEVELOPMENT COUNCIL Out-of-County LOQO The Floridd Keys ... Fishing Umbrella Funding FY 2008 Contract 10#: 6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Rotary Club of Key Largo Inc. Contract #_ Effective Date: Expiration Date: TDC ID#: 341 10/1/07 1/31/08 Contract Purpose/Description: Approval of an Agreement with Rotary Club of Key Largo, Inc. covering the Take Stock in Children Backcountrv Challenge in October 2007, in an amount not to exceed $2,000, FY 2008 Two Penny Fishing Umbrella Funding. Contract Manager: Maxine Pacini (Name) 3523 (Ext. ) TDC # 3 (Department/Stop #) for BOCC meeting on 10/17/07 Agenda Deadline: 10/2/07 CONTRACT COSTS Total Dollar Value of Contract: $ 2,000 Budgeted? Yes~ No 0 Account Codes: Grant: $ County Match: $ Current Year Portion: $ 115-75022-530340- T85F -412-X-530480 115-75022-530340- T85F-412-X-53041 0 ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (N ot included in dollar value above) (eg, maintenance, utilities, janitorial, salaries, etc,) - - - - ----- CONTRACT REVIEW .If:J)In ~::~~s .,~~' ,/ ~. er Division Director () j!!JfJ-7 YesD NoE( './f k Risk M~~1t ro JGO I YesO NV' I . . _ . O.Rtt./Purchasmg MV'l YesON<&1 -=r::::~ County Attorney ~1 Y esD No~ S.Grimsley Date Out Comments: OMB Fonn Revised 2/27/01 Mep #2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Islamorada Charter Boat Contract #_ Association Effective Date: Expiration Date: TDC ID#: 315 10/1/07 3/31/08 Contract Purpose/Description: Approval of an Agreement with Islamorada Charter Boat Association covering the Islamorada Sailfish Tournament in November and December 2007, in an amount not to exceed $8,000, FY 2008 Two Penny Fishing Umbrella Funding. Contract Manager: Maxine Pacini (Name) 3523 (Ext. ) TDC # 3 (Department/Stop #) for BOCC meeting on 10/17/07 Agenda Deadline: 10/2/07 CONTRACT COSTS Total Dollar Value of Contract: $ 8,000 Budgeted? Yes~ No 0 Account Codes: Grant: $ County Match: $ Current Year Portion: $ 115-75022-530340- T85F-258-X-530480 115-75022-530340- T85F-258-X-53041 0 ADDITIONAL COSTS Estimated Ongoing Costs: $-!yr For: (Not included in dollar value above) (eg, maintenance, utilities, janitorial, salaries, etc,) - - - - ----- CONTRACT REVIEW Changes p~~_ ~ Needed ~/fJ.e1"y Division Director .; YesD NoB ~;:;: /' j'f) / // JfI-/"I-/, ~ ( ',r'\ .-J \IV! ((; ''0 ' /, Risk Man~~ement v:rclu{) J YesD Nol,0 LLI'~~Ul1 ~~' \,..0' Cye)) ofkB.~~;~ .IO'lYeSONori~ County Attorney 6~ Y esD No~ S.Grimsley Date Out 7 o If (7'?- Comments: OMB Form Revised 2/27/01 MCP #2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Key West Fishing Tournament, Inc. Contract #_ Effective Date: Expiration Date: 10/1/07 2/29/09 Contract Purpose/Description: Approval of an Agreement with Key West Fishing Tournament, Inc. covering the Key West Fishing Tournament between December 2007 and November 2008 (To include: Awards Presentation for FY 2007 Tournament/Key West Fishing Tournament/Kickoff/Southernmost Swordfish Tournament) in an amount not to exceed $40,000, FY 2008 Two Penny Fishing Umbrella Funding. Contract Manager: Maxine Pacini (Name) 3523 (Ext. ) TDC # 3 (Department/Stop #) for BOCC meeting on 10/17/07 Agenda Deadline: 10/2/07 CONTRACT COSTS Total Dollar Value of Contract: $ 40,000 Budgeted? Yes~ No D Account Codes: Grant: $ County Match: $ Current Year Portion: $ 115-75022-530340-T85F-056-X-530480 115-75022-530340- T85F -056-X-53041 0 - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $~yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc,) CONTRACT REVIEW Changes ,op.!~JYJ Needed Division Director (gjJ/J/jI / YesD Nom Risk Mana~ement ~~~D'o7 YesD Nod ~ 1})~ o.~./Purc~asing ~/{)=tYesDNo~~ -~ County Attorney 6#9- YesDNo~ Date Out \J " ~, S.Grims1ey Comments: OMB Form Revised 2/27/01 Mep #2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Tammie Gurgiolo Contract #_ Effective Date: Expiration Date: 10/1/07 3/31/08 Contract Purpose/Description: Approval of an Agreement with Tammie Gurgiolo covering the Don Gurgiolo Sailfish Classic in December 2007, in an amount not to exceed $3,300, FY 2008 Two Pennv Fishing Umbrella Funding. Contract Manager: Maxine Pacini (Name) 3523 (Ext.) TDC # 3 (Department/Stop #) for BOCC meeting on 10/17/07 Agenda Deadline: 10/2/07 CONTRACT COSTS Total Dollar Value of Contract: $ 3,300 Budgeted? Y es~ No 0 Account Codes: Grant: $ County Match: $ Current Year Portion: $ 115-75022-530340-T85F-355-X-530480 - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $~yr For: (N ot included in dollar value above) (eg, maintenance, utilities, janitorial, salaries, etc,) CONTRACT REVIEW Division Director Changes 1JR1;; Ye~D~~ ~V kr )c)/DJ YesD No~ ~~YesDNoQ[ ~~ 6lJo- YesD Nor:::r- S.Grimsley Date Out Risk Manag~ment ()V .1)).1 O.itB./Pur~asing County Attorney Comments: OMB Form Revised 2/27/01 Mep #2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Tammie Gurgiolo Contract # Effective Date: Expiration Date: 332 10/1/07 3/31/08 Contract Purpose/Description: Approval of an Agreement with Tammie Gurgiolo covering the Islamorada Junior Sailfish Tournament in December 2007 in an amount not to exceed $2,200, FY 2008 Two Penny Fishing Umbrella Funding. Contract Manager: Maxine Pacini (Name) 3523 (Ext. ) TDC # 3 (Department/Stop #) for BOCC meeting on 10/17/07 Agenda Deadline: 10/2/07 CONTRACT COSTS Total Dollar Value of Contract: $ 2,200 Budgeted? Yes~ No 0 Account Codes: Grant: $ County Match: $ Current Year Portion: $ 115-75022-530340- T85F -089-X-530480 115-75022-530340-T85F-089-X-530410 ADDITIONAL COSTS Estimated Ongoing Costs: $~yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc,) - ----- CONTRACT REVIEW Changes Date Out DivisionDirector ~'j!}J11 Ye~D~~B J~& I RiSkMc,~ment kAOtlJ YesDNoel J~ .~ Q..~ -'2-0(\) otBjPur~Zg ~11>~YesDNol0 -=-J-<~ /:t; County Attorney #~ Y esD No~ S.Grimsley Comments: OMB Form Revised 2/27/01 Mep #2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Tammie Gurgiolo Contract #_ Effective Date: Expiration Date: 10/17/07 4/30/08 Contract Purpose/Description: Approval of an Agreement with Tammie Gurgiolo covering the Key Largo Sailfish Challenge in January 2008, in an amount not to exceed $6,500, FY 2008 Two Penny Fishing Umbrella Funding. Contract Manager: Maxine Pacini (Name) 3523 (Ext. ) TDC # 3 (Department/Stop #) for BOCC meeting on 10/17/07 Agenda Deadline: 10/2/07 CONTRACT COSTS Total Dollar Value of Contract: $ 6,500 Budgeted? Yes~ No D Account Codes: Grant: $ County Match: $ Current Year Portion: $ 115-75022-530340- T85F-411-X-530480 115-75022-530340- T85F-411-X-53041O - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc,) CONTRACT REVIEW Division Director Changes Prte,t n Needed. -,tJ/5: ~ 1Ak5P-1 YesDNoQr ~ lv/ti:oo") YesD No[2( -00 '- ' ~~~" Risk Mana~ement PI I ~ 1./2.0:1 o ..M:'B./Purc'hasing ~'/)1 YesDNoW ~ YesDNora--: S. Grimsley County Attorney Comments: OMB Form Revised 2/27/01 Mep #2 Date Out MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Mike Weinhofer Contract #_ Effective Date: Expiration Date: 10/17/07 4/30/08 Contract Purpose/Description: Approval of an Agreement with Mike Weinhofer covering the W orId Kingfish Championship in January 2008, in an amount not to exceed $7500, FY 2008 Two Penny Fishing Umbrella Funding. Contract Manager: Maxine Pacini (Name) 3523 (Ext. ) TDC # 3 (Department/Stop #) for BOCC meeting on 10/17/07 Agenda Deadline: 10/2/07 CONTRACT COSTS Total Dollar Value of Contract: $ 7,500 Budgeted? Yesk8J No D Account Codes: Grant: $ County Match: $ Current Year Portion: $ 115-75022-530340-T85F-546-X-530480 115-75022-530340- T85F -546-X-53041O - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Division Director Changes l?a;~~l: Needed ~7YesDNor1 lo/~)D) YesD Nog -U-\\, Sl2w~ " .lb~YesDNo[i;Y ~., b#-;r YesD NoD S.Grims1ey Date Out Risk Management o .rt.B .IPurchasing County Attorney (; n-or Comments: '.. OMB Form Revised 2/27/01 Mep #2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Murray Marine, Inc. Contract #_ Effective Date: Expiration Date: 10/17/07 4/30/08 Contract Purpose/Description: Approval of an Agreement with Murray Marine, Inc. covering the Hog's Breath King Mackeral Tournament in January 2008, in an amount not to exceed $17,000, FY 2008 Two Penny Fishing Umbrella Funding. Contract Manager: Maxine Pacini (Name) 3523 (Ext.) TDC # 3 (Department/Stop #) for BOCC meeting on 10/17/07 Agenda Deadline: 10/2/07 CONTRACT COSTS Total Dollar Value of Contract: $ 17,000 Budgeted? Yes~ No 0 Account Codes: Grant: $ County Match: $ Current Year Portion: $ 115-75022-530340- T85F -254-X-530480 115-75022-530340- T85F-254-X-530410 ADDITIONAL COSTS Estimated Ongoing Costs: $ _/yr For: (N ot included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) ----- CONTRACT REVIEW Changes tAJ." Needed ~_~wer b Division Director ~. YesD NoEj v/ / / / P&L-Li~ RiskMana~m<;pt b-J,61)} YeSDNoGiY!)~ t\l ;19-\ ~ . O.ffB./Pur2tasing ~o:y YesDNo~ ~ ~ County Attorney ~'1- Y esD No~ S.Grimsley Date Out Comments: OMB Form Revised 2/27/01 Mep #2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Tammie Gurgiolo Contract # Effective Date: Expiration Date: 10/1 7/07 5/31/08 Contract Purpose/Description: Approval ofan Agreement with Tammie Gurgiolo covering the Islamorada Women's Sailfish Tournament in February, 2008 in an amount not to exceed $2,000, FY 2008 Two Penny Fishing Umbrella Funding. Contract Manager: Maxine Pacini (Name) 3523 (Ext.) TDC # 3 (Department/Stop #) for BOCC meeting on 10/17/07 Agenda Deadline: 10/2/07 CONTRACT COSTS Total Dollar Value of Contract: $ 2,000 Budgeted? Y es~ No 0 Account Codes: Grant: $ County Match: $ Current Year Portion: $ 115-75022-530340- T85F -260-X-530480 ADDITIONAL COSTS Estimated Ongoing Costs: $~yr For: (Not included in dollar value above) (eg, maintenance, utilities, janitorial, salaries, etc,) CONTRACT REVIEW Division Director Changes LIf.at~ In Needed 'RJL&!-I27 YesD NoB' (~.,~O'{)7 YesD No~ 0(c>,}/O'i YesD No[9' ~ YesDNoW: Date Out Risk Management o ~.B./Purchasing County Attorney S.Grimsley ~ Comments: OMB Form Revised 2/27/01 Mep #2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Capt. Terry Fisher Contract #_ Effective Date: Expiration Date: 10/17/07 6/30/08 Contract Purpose/Description: Approval ofan Agreement with Capt. Terry Fisher covering the 10th Anniversary Capt. Leon Shell Sailfish Tournament in February/March, 2008 in an amount not to exceed $15,000, FY 2008 Two Penny Fishing Umbrella Funding. Contract Manager: Maxine Pacini (Name) for BOCC meeting on 10/17/07 Agenda Deadline: 10/2/07 3523 (Ext. ) TDC # 3 (Department/Stop #) CONTRACT COSTS Total Dollar Value of Contract: $ 15,000 Budgeted? YesC8J No D Account Codes: Grant: $ County Match: $ Current Year Portion: $ 115-75022-530340-T85F-354-X-530480 115-75022-530340- T85F-354-X-53041 0 - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes })A)fc!J Needed Division Director ~/~ 0 YesD Noel Risk Managyment 0.-'{:1.0o 1 YesD No!1::2( (;:( / Q., ~ li 10,1 O.M13./Purchasing ~1)::'- YesD No[2/ County Attorney ~1- YesDNo~ Comments: OMB Form Revised 2/27/01 Mep #2 Date Out ~~~ , J&/ ~~ S.Grimsley 611 or MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: James130ker \ \ \ Contract #_ Effective Date: Expiration Date: 10/1 7/07 6/30/08 , Contract Purpose/Description: Approval of an Agreement with James Boker covering the Islamorada All-Tackle Spring Bonefish Tournament in March 2008, in an amount not to exceed $1,500, FY 2008 Two Penny Fishing Umbrella Funding. Contract Manager: Maxine Pacini (Name) 3523 (Ext. ) TDC # 3 (Department/Stop #) for BOCC meeting on 10/17/07 Agenda Deadline: 10/2/07 CONTRACT COSTS Total Dollar Value of Contract: $ 1,500 Budgeted? YeslSl No D Account Codes: Grant: $ County Match: $ Current Year Portion: $ 115-75022-530340-T85F-475-X-530480 ADDITIONAL COSTS Estimated Ongoing Costs: $ ~yr For: (Not included in dollar value above) (eg, maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Division Director W/11 bdOO 1 ~11)~YesDNoif ~ *~ YesD No~ S.Grimsley Changes Needed ',1tfi YesD N00 ' dJ.-<-/ ~ '1 ' YesDNo~ f , Date Out Risk Manag.eme~y ~ (j~\i1,\) o JvLB./Purcnasing County Attorney Comments: OMB Form Revised 2/27/01 MCP #2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: World Sailfish Tournament Charitable Foundation, Inc, Contract #_ Effective Date: Expiration Date: 10/17/07 7/31/08 Contract Purpose/Description: Approval ofan Agreement with World Sailfish Tournament Charitable Foundation, Inc. covering the World Sailfish Championship in April 2008 in an amount not to exceed $37,500, FY 2008 Two Penny Fishing Umbrella Funding. Contract Manager: Maxine Pacini (Name) 3523 (Ext. ) TDC # 3 (Department/Stop #) for BOCC meeting on 10/17/07 Agenda Deadline: 10/2/07 CONTRACT COSTS Total Dollar Value of Contract: $ 37,500 Budgeted? Yes[gl No 0 Account Codes: Grant: $ County Match: $ Current Year Portion: $ 115-75022-530340-T85F-426-X-530480 115-75022-530340- T85F-426-X-53041 0 ADDITIONAL COSTS Estimated Ongoing Costs: $~yr For: (Not included in dollar value above) (eg, maintenance, utilities, janitorial, salaries, etc,) CONTRACT REVIEW Changes ~!tI~ Needed ~ewer // Division Director I/fU/IL/ YesD No~ ' <-4-~ RiskManag~ment ~rJoDl YesDNoB Vi)" , ~ U / 10~\J1>>1 ,..,/.-. , ~~ __ O.Nf.B./Purcnasing ~/o==; Y esD No~ ~ I L--::::r- County Attorney bj\7...~1- YesD No~ S.Grimsley Date Out (;; Comments: OMB Form Revised 2/27/01 MCP #2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Tammie Gurgiolo Contract#_ Effective Date: Expiration Date: 10/17/07 7/31/08 Contract Purpose/Description: Approval of an Agreement with Tammie Gurgiolo covering the Big Boys Offshore Charity in April 2008, in an amount not to exceed $6,000, FY 2008 Two Penny Fishing Umbrella Funding. Contract Manager: Maxine Pacini (Name) 3523 (Ext. ) TDC # 3 (Department/Stop #) for BOCC meeting on 10/17/07 Agenda Deadline: 10/2/07 CONTRACT COSTS Total Dollar Value of Contract: $ 6,000 Budgeted? Yes[8J No D Account Codes: Grant: $ County Match: $ Current Year Portion: $ 115-75022-530340-T85F-606 -X-530480 115-75022-530340- T85F-606-X-53041 0 - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg, maintenance, utilities, janitorial, salaries, etc,) CONTRACT REVIEW Changes Date Out ~r~}R Needed, ~, ,~ev' wer / Division Director ~'{)J YesDNaf2J ~/ r1, ' y ~L7 Risk Management ',a-oj YesD Nog rn "~ . '/-J.. -V 7 ~ C;\J.I6.f\ ~ O.M.B./Pur~asing ~(o:rYeSDNori ~"--p? ~D '()~ County Attorney 6.b!ar YesD NoU- S.Grimsley ~ f 04- Comments: OMB Form Revised 2/27/01 Mep #2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: David M Navarro Contract # Effective Date: Expiration Date: 10/17/07 8/31/08 Contract Purpose/Description: Approval of an Agreement with David M Navarro covering the 42nd Annual Marathon International Tarpon Tournament in May 2008 in an amount not to exceed $8,000, FY 2008 Two Penny Fishing Umbrella Funding. Contract Manager: Maxine Pacini (Name) 3523 (Ext. ) TDC # 3 (Department/Stop #) for BOCC meeting on 10/17/07 Agenda Deadline: 10/2/07 CONTRACT COSTS Total Dollar Value of Contract: $ 8,000 Budgeted? Yes[8J No D Account Codes: Grant: $ County Match: $ Current Year Portion: $ 115-75022-530340-T85F-508-X-530480 115-75022-530340- T85F-508-X-530410 ADDITIONAL COSTS Estimated Ongoing Costs: $~yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc,) CONTRACT REVIEW Division Director Changes r~~el!n Needed ~1 YesD N00 h/cIDiJ I YesD NoQ{ ~)O~YesDNog ~~YesD No~ S.Grimsley Date Out Risk Managl:jment tG e,'tiW1 O.M .B./PurclTasing County Attorney Comments: OMB Form Revised 2/27/01 Mep #2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: David M. Navarro Contract #_ Effective Date: Expiration Date: 10/17/07 8/31/08 Contract Purpose/Description: Approval of an Agreement with David M. Navarro covering the 32nd Annual Ladies Tarpon Tournament in May 2008 in an amount not to exceed $6,000, FY 2008 Two Penny Fishing Umbrella Funding. Contract Manager: Maxine Pacini (Name) 3523 (Ext. ) TDC # 3 (Department/Stop #) for BOCC meeting on 10/17/07 Agenda Deadline: 10/2/07 CONTRACT COSTS Total Dollar Value of Contract: $ 6,000 Budgeted? Yes[gJ No 0 Account Codes: Grant: $ County Match: $ Current Year Portion: $ 115-75022-530340- T85F-509 -X-530480 115-75022-530340- T85F-509-X-53041 0 - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $~yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes ~~}~,9t Needed~ Division Director bli.f/JL! YesD N<flJ Risk Management ~) YesD NoG2( t(. 0.;-4 :lP:1 . O.M.B.IPur&asing ~ ~YesD No[1]/ County Attomey ~ YeSDNO~ S.Grimsley Comments: OMB Form Revised 2/27/01 Mep #2 Date Out MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Charlie's Coconuts, LLC Contract #_ Effective Date: Expiration Date: TDC #: 334 10/1 7/07 8/31/08 Contract Purpose/Description: Approval of an Agreement with Charlie's Coconuts, LLC covering the Coconuts Dolphin Tournament in May 2008 in an amount not to exceed $12,000, FY 2008 Two Penny Fishing Umbrella Funding. Contract Manager: Maxine Pacini (Name) 3523 (Ext.) TDC # 3 (Department/Stop #) for BOCC meeting on 10/17/07 Agenda Deadline: 10/2/07 CONTRACT COSTS Total Dollar Value of Contract: $ 12,000 Budgeted? YeslSJ No D Account Codes: Grant: $ County Match: $ Current Year Portion: $ 115-75022-530340- T85F-021-X-530480 ADDITIONAL COSTS Estimated Ongoing Costs: $~yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc,) CONTRACT REVIEW Division Director Changes /A~); Needed 51' ~ - /YesD Nolt3 0.=JJOl YesDNo~ 4~o=rYesDNog' , ~?-- YesDNog-:- Date Out Risk Man~mJ:lt O.~./Purc~ing ~ ~cp~ County Attorney S.Grimsley Comments: OMB Form Revised 2/27/01 MCP #2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: B.T. Sales, Inc. Contract #_ Effective Date: 10/17107 Expiration Date: 8/31/08 Contract PurposelDescription: Approval of an Agreement with B.T. Sales, Inc. covering the 22nd Annual Faro Blanco Invitational Tarpon Tournament in May 2008 in an amount not to exceed $3,000, FY 2008 Two Penny Fishing Umbrella Funding. Contract Manager: Maxine Pacini (Name) 3523 (Ext. ) TDC # 3 (Department/Stop #) for BOCC meeting on 10/17/07 Agenda Deadline: 10/2/07 CONTRACT COSTS Total Dollar Value of Contract: $ 3,000 Budgeted? Yesr8J No D Account Codes: Grant: $ County Match: $ Current Year Portion: $ 115-75022-530340- T85F-547-X-530480 - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Division Director Changes Date Out Df~7'~ Needed ~./ /Jryf{.91e~r ,/ ./ l.,J.. ~\ YesDNof!j.. _~/:~L-~4P' "-"4/0: UdDO! YesDNocr ~~--u~.- 0'01 ~fo=tYesDNoC1'~ 1?- ba~ YesD N00 S.Grimsley 6 II o--.:r Risk Manarment ~ >1(\ :J rr ~ W'v O.l\t13 .!Purchasing County Attorney Comments: OMB Form Revised 2/27/01 Mep #2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Golden Fly Invitational Tarpon Tournament, Inc. Contract # Effective Date: Expiration Date: 10/17/07 8/31/08 Contract Purpose/Description: Approval of an Agreement with Golden Fly Invitational Tarpon Tournament, Inc. covering the Golden Fly Tournament in May 2008, in an amount not to exceed $1,500, FY 2008 Two Penny Fishing Umbrella Funding. Contract Manager: Maxine Pacini (Name) 3523 (Ext. ) TDC # 3 (Department/Stop #) for BOCC meeting on 10/17/07 Agenda Deadline: 10/2/07 CONTRACT COSTS Total Dollar Value of Contract: $ 1,500 Budgeted? Yes[g] No D Account Codes: Grant: $ County Match: $ Current Year Portion: $ 115-75022-530340- T85F -262-X -530480 - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $~yr For: (Not included in dollar value above) (eg, maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes ~~eL~ Needed ~ RK~ev' wer Division Director ~I YesD No[!:J ~. RiskManageme:,,; 0"~D'Dl YesDNolkf 'SfJJU -; _ .- l::i / t>\ \1119 ' L 1-.. ---::r:-- ~ O.M.13./Purchasing ~/O-rYesDNoG2( ~ -- ~ County Attorney 6b/.e- YesD Noca--: S.Grimsley Date Out Comments: OMB Form Revised 2/27/01 Mep #2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Contract with: CONTRACT SUMMARY :roh n StlAetY\p.fl''a Contract # 3Ll4 Effective Date: Expiration Date: 10/17/07 8/31/08 Contract Purpose/Description: Approval of an Agreement with Clear Channel Broadcasting, Inc. covering the Yamaha Dolphin Masters Invitational in May, 2008 in an amount not to exceed $1,000, FY 2008 Two Penny Fishing Umbrella Funding. Contract Manager: Maxine Pacini (Name) 3523 (Ext. ) TDC # 3 (Department/Stop #) for BOCC meeting on 10/17/07 Agenda Deadline: 10/2/07 CONTRACT COSTS Total Dollar Value of Contract: $ 1,000 Budgeted? Yesr8J No 0 Account Codes: Grant: $ County Match: $ Current Year Portion: $ 115-75022-530340-T85F-425-X-530480 ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes r~1;1 Needed J!/}/7/1 ~viywer Division Director YesDNo[J ~~/ RiSkMan~rm~~t b'~OO) YesDNd nl SQ~Q-"r-- o.~.lPur2t~ing ~'o~YeSDNO~ ~ County Attorney 6/. )}o'1--- Y esD N~ S.Grimsley Date Out Comments: OMB Form Revised 2/27/01 MCP #2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: The Don Hawley Foundation, Inc. Contract # Effective Date: Expiration Date: 10/17/07 9/30/08 Contract Purpose/Description: Approval of an Agreement with The Don Hawley Foundation, Inc. covering the Don Hawley Tarpon Tournament in June 2008, in an amount not to exceed $1,500, FY 2008 Two Penny Fishing Umbrella Funding. Contract Manager: Maxine Pacini (Name) 3523 (Ext. ) TDC # 3 (Department/Stop #) for BOCC meeting on 10/17/07 Agenda Deadline: 10/2/07 CONTRACT COSTS Total Dollar Value of Contract: $ 1,500 Budgeted? Yesrg] No D Account Codes: Grant: $ County Match: $ Current Year Portion: $ 115-75022-530340-T85F-256-X-530480 ADDITIONAL COSTS Estimated Ongoing Costs: $~yr For: (Not included in dollar value above) (eg, maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Q)1~n Needed Division Director Vl;s, YesD No[6' (O/~OD-I YesD Nod ;.-Q ~lb1' YesDNolli' ~ I County Attorney 4b-?r- Y esD NO~ Date Out Risk Management tL (1\1 ,1.0.1 o .M.B.IPurctasing S.Grimsley Comments: OMB Fonn Revised 2/27/01 MCP #2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Lower Keys Chamber Of Commerce, Inc. Contract #_ Effective Date: Expiration Date: 10/17/07 9/30/08 Contract Purpose/Description: Approval of an Agreement with Lower Keys Chamber of Commerce, Inc. covering the Big Pine & Lower Keys Dolphin Tournament in an amount not to exceed $8,000, FY 2008 Two Penny Fishing Umbrella Funding. Contract Manager: Maxine Pacini (Name) 3523 (Ext. ) TDC # 3 (Department/Stop #) for BOCC meeting on 10/17/07 Agenda Deadline: 10/2/07 CONTRACT COSTS Total Dollar Value of Contract: $ 8,000 Budgeted? Yes[gJ No 0 Account Codes: Grant: $ County Match: $ Current Year Portion: $ 115-75022-530340- T85F-079-X-530480 115-75022-530340-T85F-079-X-53041O ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out "DDf:~ teelr:r. n Needed '~f3e\>' ,er L' Division Director ~ I YesO No[J/ , 1.4(- Ri~Man~;;nt &ct007 YeSONO~ ~~~ (O~O()) O.M.B./Pur~hasing ~01 Y esO No~ --l ') \ '-"'U J Co 2~~ County Attorney 6W Y esO No~ S.Grimsley Comments: OMB Form Revised 2/27/01 Mep #2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Gold Cup Tarpon Tournament, Inc. Contract # Effective Date: Expiration Date: 10/17/07 9/30/08 Contract Purpose/Description: Approval of an Agreement with Gold Cup Tarpon Tournament, Inc. covering the Gold Cup Tarpon Tournament in June 2008, in an amount not to exceed $1,500, FY 2008 Two Penny Fishing Umbrella Funding. Contract Manager: Maxine Pacini (Name) 3523 (Ext. ) TDC # 3 (Department/Stop #) for BOCC meeting on 10/17/07 Agenda Deadline: 10/2/07 CONTRACT COSTS Total Dollar Value of Contract: $ 1,500 Budgeted? Yesrg] No D Account Codes: Grant: $ County Match: $ Current Year Portion: $ 115-75022-530340-T85F-259-X-530480 - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $ -fyr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc,) CONTRACT REVIEW Division Director Changes fJIl$1"e~D~~[B ~~~/ f' ,.., r{\ en "n \D -;ic) -0 I YesD No[tJ' \ ~ I ,~w~ YeSDNO~ ~ Date Out Risk Man~gpment E.(; VJ/#1.o.1 O.M.B./Purc~asing ~~ ~ ~ County Attorney YesDNo~ S.Grimsley 6 <-c:/"f Comments: OMB Form Revised 2/27/01 MCP #2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Key West Gators, Inc. Contract # Effective Date: Expiration Date: 10/17/07 10/31/08 Contract Purpose/Description: Approval of an Agreement with Key West Gators, Inc. covering the Key West Gator Club Dolphin Derby in June, 2008, in an amount not to exceed $8,000, FY 2008 Two Penny Fishing Umbrella Funding. Contract Manager: Maxine Pacini (Name) for BOCC meeting on 10/17/07 Agenda Deadline: 10/2/07 3523 (Ext. ) TDC # 3 (Department/Stop #) CONTRACT COSTS Total Dollar Value of Contract: $ 8,000 Budgeted? Yes[;8J No D Account Codes: Grant: $ County Match: $ Current Year Portion: $ 115-75022-530340-T85F-064-X-530480 ADDITIONAL COSTS Estimated Ongoing Costs: $~yr For: (N ot included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc,) CONTRACT REVIEW t;v7 Division Director &.. ' , (0/ ~5) 1)) Changes Needed YesDNo~ YesD Noru( Risk Management a ~\j '2b,1 o .M.B.IPurc!hasing ~ YesDNog ~ YesDNo~ County Attorney Comments: OMB Fonn Revised 2/27/01 Mep #2 ~4/ Vl) ~AA<~ --+z ~, ~ , Date Out .~.. () -0 ') ~07- S.Grimsley MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Florida Straits Conch Company Contract #_ Effective Date: Expiration Date: 10/17/07 10/31/08 Contract Purpose/Description: Approval of an Agreement with Florida Straits Conch Company covering the Conch Republic Ladies Dolphin Championship in July 2008, in an amount not to exceed $1,000, FY 2008 Two Penny Fishing Umbrella Funding. Contract Manager: Maxine Pacini (Name) 3523 (Ext. ) TDC # 3 (Department/Stop #) for BOCC meeting on 10/17/07 Agenda Deadline: 10/2/07 CONTRACT COSTS Total Dollar Value of Contract: $ 1,000 Budgeted? Yes[gl No 0 Account Codes: Grant: $ County Match: $ Current Year Portion: $ 115-75022-530340-T85F-506-X-530480 - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg, maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Division Director Changes ~,a I~ Ye~O~~~~?I~~ h~6()l YesDNo[0' j1L~ ~~"'YeSONoJ ~ J,,/cr.r YesD NoW- S.Grimsley Date Out Risk Management tt (VI .~():( o .M.B.!Pur~hasing County Attorney (( d1- Comments: OMB Form Revised 2/27/01 Mep #2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY 3903 Contract Purpose/Description: Approval of an Agreement with Professional Firefighters of Monroe County IAFF Local 3903 covering the Dolphin Flashover in July 2008, in an amount not to exceed $3500, FY 2008 Two Penny Fishing Umbrella Funding. Contract with: Professional Firefighters of Monroe County IAFF Local Contract Manager: Maxine Pacini (Name) for BOCC meeting on 10/17/07 Agenda Deadline: 10/2/07 Contract # Effective Date: Expiration Date: TDC ID#: 342 10/17/07 10/31/08 3523 (Ext. ) TDC # 3 (Department/Stop #) CONTRACT COSTS Total Dollar Value of Contract: $ 3,500 Budgeted? Yes[Sl No D Account Codes: Grant: $ County Match: $ Current Year Portion: $ 115-75022-530340-T85F-582-X-530480 115-75022-530340- T85F-582-X-53041 0 - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $~yr For: (Not included in dollar value above) (eg, maintenance, utilities, janitorial, salaries, etc,) CONTRACT REVIEW *9iJn Division Director (;: 7 Changes Needed Y esD No~ Risk Mana~ement \a:J.Q-07 YesD No~ t;(; ~\J It,/1 o .M.B./Purc~sing County Attorney #1' YesDN00 ~ YesDNo~ Comments: OMB Form Revised 2/27/01 Mep #2 Date Out {f(SQ:~~// K~ S.Grimsley MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Tournament Consultants Contract # Inc. Effective Date: Expiration Date: 10/17/07 10/31/08 Contract Purpose/Description: Approval of an Agreement with Tournament Consultants, Inc. covering the Del Brown Invitational Permit Tournament in July 2008, in an amount not to exceed $1,000, FY 2008 Two Penny Fishing Umbrella Funding. Contract Manager: Maxine Pacini (Name) 3523 (Ext. ) TDC # 3 (Department/Stop #) for BOCC meeting on 10/17/07 Agenda Deadline: 10/2/07 CONTRACT COSTS Total Dollar Value of Contract: $ 1,000 Budgeted? Y es~ No D Account Codes: Grant: $ County Match: $ Current Year Portion: $ 115-75022-530340-T85F-404 -X-530480 ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc,) CONTRACT REVIEW Division Director Changes T{>';Jie, In Needed / ~~/lRe wer I' ~J-aJ-f-D1 YesDNo[j V;/ / l~~~,-, lrdDt) 7 YesO No!21 ~ Yl ' -4s~~YeSONo81 ~ ~ ~ YesDNoif' S.Grimsley Date Out Risk ManaMment tv G /{>),1 O.M.B./Pur&asing 6{ County Attorney Comments: OMB Form Revised 2/27/01 Mep #2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Key West Marlin Tournament, Inc. Contract #_ Effective Date: Expiration Date: 10/17/07 10/31/08 Contract Purpose/Descri ption: Approval ofan Agreement with Key West Marlin Tournament, Inc. covering the Key West Marlin Tournament in July 2008, in an amount not to exceed $24,000, FY 2008 Two Penny Fishing Umbrella Funding. Contract Manager: Maxine Pacini (Name) 3523 (Ext. ) TDC # 3 (Department/Stop #) for BOCC meeting on 10/17/07 Agenda Deadline: 10/2/07 CONTRACT COSTS Total Dollar Value of Contract: $ 24,000 Budgeted? Y es~ No D Account Codes: Grant: $ County Match: $ Current Year Portion: $ 115-75022-530340-T85F-302-X-530480 115-75022-530340- T85F-302-X-53041 0 ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc,) CONTRACT REVIEW ~9M0n-1 Division Director 1i.1ffj..l2l Changes Needed v/~~~w~ YesD NoB ~-l4' ~/ YesDNog Jl\.,-SO<tu~~ Date Out Risk ManagFment /[t~ C1) 7 ~ ~\j (/))1 O.M.B./Purc~asing C9/;};'pt YesD No0' County Attorney &~ YesD NoD ~ S.Grimsley Comments: OMB Fonn Revised 2/27/01 MCP #2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: The Redbone, Inc. Contract #_ Effective Date: Expiration Date: 10/17/07 11/30/08 Contract Purpose/Description: Approval of an Agreement with The Redbone, Inc. covering the Redbone @ Large Robert-James, Sales Little Palm Island Grand Slam in August 2008, in an amount not to exceed $5,500, FY 2008 Two Penny Fishing Umbrella Funding. Contract Manager: Maxine Pacini (Name) 3523 (Ext. ) TDC # 3 (Department/Stop #) for BOCC meeting on 10/17/07 Agenda Deadline: 10/2/07 CONTRACT COSTS Total Dollar Value of Contract: $ 5,500 Budgeted? Y es~ No D Account Codes: Grant: $ County Match: $ Current Year Portion: $ 115-75022-530340- T85F-061-X-530480 ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes I^~~e.hn Needed jffi~wer Division Director iI'/I!f1LI- YesO N o[!j' ~, A __ _ (/ Risk Management b~rlool YesDNorr ,.~ ~ ~ ~,~1 ~/. 01v{.B.IPurc'Aasing ~.:) YesDNol3' _ ~~ County Attorney ~r YesD NoQ/: S.Grimsley Comments: OMB Fonn Revised 2/27/01 Mep #2 Date Out 61(/0;1 I _ ')' 1 \(,Y CA 0'0 J MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Redbone, Inc. Contract # Effective Date: Expiration Date: 10/17/07 12/31/08 Contract Purpose/Description: Approval of an Agreement with Redbone, Inc. covering the Mercury SLAM Celebrity Tournament in September 2008, in an amount not to exceed $11,000, FY 2008 Two Penny Fishing Umbrella Funding. Contract Manager: Maxine Pacini (Name) 3523 (Ext. ) TDC # 3 (Department/Stop #) for BOCC meeting on 10/17/07 Agenda Deadline: 10/2/07 CONTRACT COSTS Total Dollar Value of Contract: $ 11,000 Budgeted? Yes[g] No 0 Account Codes: Grant: $ County Match: $ Current Year Portion: $ 115-75022-530340- T85F-076-X-530480 - - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg, maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Division Director ~eviewer ;;(:~~d lYJ,~u~~ ~oyYeSDNo0' ~~ 4:z1--:r- Y esD No~ Changes })l1~}n~ Needed '!/.!.JiV / YesD N ae:r GJo-o 1 YesD NoGj Date Out County Attorney S.Grimsley Risk Mana~ement ~\J .t>>:} O.M~.lPur~asing Comments: OMB Form Revised 2/27/01 Mep #2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Charlotte Ambrogio Contract # Effective Date: Expiration Date: 10/17/07 12/31/08 Contract Purpose/Description: Approval of an Agreement with Charlotte Ambrogio covering the Islamorada Invitational Fall Fly Bonefish Tournament in September 2008, in an amount not to exceed $1,500, FY 2008 Two Penny Fishing Umbrella Funding. Contract Manager: Maxine Pacini (Name) 3523 (Ext. ) TDC # 3 (Department/Stop #) for BOCC meeting on 10/17/07 Agenda Deadline: 10/2/07 CONTRACT COSTS Total Dollar Value of Contract: $ 1,500 Budgeted? Yes[gl No D Account Codes: Grant: $ County Match: $ Current Year Portion: $ 115-75022-530340- T85F-430-X-530480 ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg, maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Division Director Changes Needed........./ h1 /VI ~5Yi~~wer JJ YesDNolJ..6 _.~/fL<.~ YeSDNO~ J1LS11~, '\t- "1a.;rjo-rYesDNo!V'" ~ ~...". Y esD No~ S.Grimsley Date Out Risk Management (} 1..~:'\ o .)[(B.IPurcl;asing trJJo1n ~io'o7 to ~~ (Yo l County Attorney (( ()"'1--- Comments: OMB Form Revised 2/27/01 MCP #2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Redbone, Inc. Contract #_ Effective Date: Expiration Date: TDC ID#: 338 10/17/07 12/31/08 Contract Purpose/Description: Approval of an Agreement with Redbone, Inc. covering the Mercury Baybone Celebrity Tournament in September 2008, in an amount not to exceed $7,000, FY 2008 Two Penny Fishing Umbrella Funding. Contract Manager: Maxine Pacini (Name) 3523 (Ext. ) TDC # 3 (Department/Stop #) for BOCC meeting on 10/17/07 Agenda Deadline: 10/2/07 CONTRACT COSTS Total Dollar Value of Contract: $ 7,000 Budgeted? Yes~ No D Account Codes: Grant: $ County Match: $ Current Year Portion: $ 115-75022-530340-T85F-080-X-530480 - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Division Director Changes j~n Needed ,ITftA iewer ~ '7 YesDNo~ _~ WI YesDNog m . i $P;y YeSDNoliJ!~ ~' ~o:r YesD NoD S.Grimsley Date Out Risk Man~~ement tz, ~;U;\ O.M.B./Purc~ing County Attorney Comments: OMB Form Revised 2/27/01 Mep #2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Charlotte Ambrogio Contract #_ Effective Date: Expiration Date: 10/17/07 1/31/09 Contract Purpose/Description: Approval of an Agreement with Charlotte Ambrogio covering the Mercury Islamorada All Tackle Bonefish World Championship in October 2008 in an amount not to exceed $1,500, FY 2008 Two Penny Fishing Umbrella Funding. Contract Manager: Maxine Pacini (Name) 3523 (Ext.) TDC # 3 (DepartmenUStop #) for BOCC meeting on 10/17/07 Agenda Deadline: 10/2/07 CONTRACT COSTS Total Dollar Value of Contract: $ 1,500 Budgeted? Yes[8J No D Account Codes: Grant: $ County Match: $ Current Year Portion: $ 115-75022-530340-T85F-263-X-530480 ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Division Director , If~t7J !~ W/4t1 (vJCi)l YesDNo~ r 4 \o:rYesD NOc:g/~'~ ~?r YesDNo~ Changes Needed YesD Nol12I Date Out Risk Manaftement P.G ~ \9~\ o .M.B./Purcliasing County Attorney S.Grimsley ~1 Comments: OMB Form Revised 2/27/01 Mep #2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Redbone, Inc. Contract #_ Effective Date: Expiration Date: 10/17/07 2/29/09 Contract PurposelDescri ption: Approval of an Agreement with Redbone, Inc. covering the Mercury CheecaJRedbone Celebrity Tournament in November 2008 in an amount not to exceed $7,500, FY 2008 Two Penny Fishing Umbrella Funding. Contract Manager: Maxine Pacini (Name) 3523 (Ext. ) TDC # 3 (Department/Stop #) for BOCC meeting on 10/17/07 Agenda Deadline: 10/2/07 CONTRACT COSTS Total Dollar Value of Contract: $ 7,500 Budgeted? Yes[8] No 0 Account Codes: Grant: $ County Match: $ Current Year Portion: $ 115-75022-530340- T85F-077-X-530480 ADDITIONAL COSTS Estimated Ongoing Costs: $~yr For: (Not included in dollar value above) (eg, maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes I' Ip~~t~ Needed Division Director (Jf.Iif/../,L/ YesD Nq2J Risk Man~ement (Od(YD") Y esD NO~ t?( ~\I'W1 ~ t " ~ O.A1:.B./Pur'thasing ~D T YesD No --r--::- T ~ County Attorney 6U'7- YesD No~ S.Grimsley Date Out Comments: OMB Form Revised 2/27/01 Mep #2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: OCTOBER 17,2007 Division: TDC Bulk Item: Yes X No Department: TDC Staff Contact PersonlPhone #: Maxine Pacini 296-1552 AGENDA ITEM WORDING: Agreement with the Dolphin Research Center, Inc. to fund the Walkway on Causeway project in an amount not to exceed $7,350, DAC III, FY 2008 Capital Resources. ITEM BACKGROUND: TDC approved same at their meeting of July 31, 2007 PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: New Agreement ST AFF RECOMMENDATIONS: Approval TOTAL COST: $7,350 BUDGETED: Yes -X- No COST TO COUNTY: $7,350 SOURCE OF FUNDS: TDC REVENUE PRODUCING: Yes -X- No AMOUNT PER MONTH Year APPROVED BY: County Arty -X- OMB/Purchasing ~ Risk Management X DOCUMENTATION: Inc1 uded X Not Required_ DISPOSITION: AGENDA ITEM # Revised 11106 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Dolphin Research Center, Inc. Contract # TDC #: 400 - Effective Date: 10/1 7/07 Expiration Date: 9/30/08 Contract Purpose/Description: Agreement with the Dolphin Research Center, Inc. to fund the Walkway on Causeway proiect in an amount not to exceed $7,350, DAC III, FY 2008 Capital Resources. Contract Manager: Maxine Pacini 3523 TDC # 3 (Name) (Ext. ) (Department/Stop #) for BOCC meeting on 10/17/07 Agenda Deadline 10/2/07 CONTRACT COSTS Total Dollar Value of Contract: $ 7,350 Budgeted? Yes[g] No 0 Account Codes: Grant: $ County Match: $ Current Year Portion: $ J 119-79040-530340- T89B-619X-530340 ' - - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg, maintenance, utilities, janitorial, salaries, etc,) - - --- CONTRACT REVIEW Changes )Al~n l'Ieeded Division Director ~, 7 YesD NoH Risk Mana~fment Y'~,V 1 YesD N~[2f/ tV ~Th1;'\ O.M.B./PurcHasing ~o::r YesD NoQ/ County Attomey l~ YesDNo~ S.Grimsley 4J1i~~ y1) ,~~ 151. ~~ Comments: OMB Form Revised 2/27/01 Mer #2 Grant Award AQreement THIS AGREEMENT (Agreement) is entered into this day of , 2007 by and between MONROE COUNTY, a political subdivision of the state of Florida (County) and Dolphin Research Center, Inc. a not for profit organized and operating under the laws of the state of Florida (Grantee). WHEREAS, the third penny of Tourist Development Tax may be used to acquire, construct, extend, enlarge, remodel, repair or improve, convention centers, sports stadiums, sports arenas, coliseums, auditoriums, fishing piers, museums, zoological parks, nature centers, beach improvements and beach park facilities which are publicly owned and operated or owned and operated by not-for-profit corporations, and project; and WHEREAS, Grantee has applied for funding for the Walkway on Causeway WHEREAS, the Grantor 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 attract tourists, and repair and improve the property for use as an zoological park open to the public; NOW, THEREFORE, in consideration of the mutual covenants and payments contained herein, the Grantee and the Grantor have entered into this Agreement on the terms and conditions as set forth below. 1. GRANT AGREEMENT PERIOD. This Agreement is for the period of October 17, 2007 through to September 30, 2008. 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 Grantee shall provide the following scope of services: Seqment 1: Labor and materials to install paver walkway on causeway. Segment(s) of the work is/are more particularly described in Exhibit(s) A, detailing the work and the cost allocable to each segment, attached hereto and incorporated herein by reference. All work for which grant funds are to be expended must be completed by the stated termination date of September 30, 2008 and all invoices pertaining to this project shall be submitted to the Finance Department of Monroe County no later than September 30, 2008 to be considered for payment. a) There shall be a project manager to acknowledge receipt of goods or work performed. This Project Manager shall be Bette Zirkelbach, Director of Facilities, 58901 Overseas Highway, Grassy Key, FL 33050 (Telephone #: 305-289-1121 ext. 263/email: bette@dolphins.org). Should there be a change in the project manager specified in the Grantee's application, a new project manager shall be designated and notice of the designation shall be provided to TDC/County. Dolphin Research Center - Walkway Project FY 2008 Funding Contract #: 400 b) If, and to the extent that, Grantee contracts for any of the work funded under this Agreement to be periormed or completed, Grantee shall give notice to County of the contractual relationship, provide County with a copy of any and all contracts and shall require the contractor(s) to comply with all the terms of this contract. Should grantee contract the work and then decrease the scope of work to be periormed by a contractor, Grantee shall provide County with an amended contract executed by Grantee and its contractor. (i) A Grantee which is a govemmental entity shall comply with the procurement regulations and policies to which it is subject, and shall provide Grantor documentation of the procurement requirements applicable to the project and compliance therewith. (ii) A Grantee which is a not-for-profit entity shall undergo procurement processes for those parts of the project to be contracted (not periormed by the entity's employees), which shall, at a minimum, require the acquisition of two written quotes for work expected to be under $25,000 or a notarized statement as to why such written quotes were not feasible. For work expected to be $25,000 or more, a competitive bid process must be periormed. County procurement policies and procedures may be used by the Grantee as a guideline. In the event that the monetary contractual process commenced prior to the effective date of this funding grant Agreement, and the guidelines above were not followed, Grantee shall submit with its reimbursement request a notarized statement which details the Grantee's procurement efforts to ensure the best service for the most economical price. Grantee shall provide Grantor detailed documentation of the procurement process used. c) Grantee shall exercise good internal controls to assure that the project as described in the funding application shall be completed on a timely basis within the proposed budget and shall provide to County any certifications, including those by the architect, engineer, contractor or an independent consultant if necessary, required to establish that materials which are purported to be applied to the project are in fact so applied. Further verification shall be required to show that equipment and other fixtures and personal property covered by this Agreement are delivered to and installed in the project site. When any permit is required by any govemmental agency, copies of plans and other documents which are submitted to the applicable agency shall be submitted to the County Engineering Division to enable verification that the scope of services under this Agreement has been provided. 3. AMOUNT OF AGREEMENT AND PAYMENT. The Grantor shall provide an amount not to exceed $7,350 (Seven Thousand, Three Hundred and Fifty Dollars) for materials and services used to repair the property. Reimbursement request must show that Grantee has paid in full for materials and services relating to the segment prior to seeking the 50% (fifty percent) reimbursement from Grantor. Payment shall be 50% (fifty percent) reimbursement of the total cost of the segment, subject to the cap on expenditures for that segment as set forth in Exhibit A. Reimbursement can be sought after each segment of the Agreement is completed and signed by the Monroe County Engineering Department as outlined in 3.a. The Board of County Commissioners and the Tourist Development Council assume no liability to fund this Agreement Dolphin Research Center - Walkway Project FY 2008 Funding Contract #: 400 2 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 shall be made upon the completion of a specific segment as outlined in the Scope of Services and Exhibit A. Payment for expenditures permissible by law and County policies shall be made through reimbursement to Grantee upon presentation of Application for Payment Summary- AlA Document G702 or similar certification as required below for governmental entities and not-for-profit entities, invoices, canceled checks and other documentation necessary to support a claim for reimbursement. Payment is a 50% (fifty percent) reimbursement of the total cost of each segment of the project, subject to the cap on expenditures for that segment as set forth in Exhibit A. Reimbursement can be sought after each segment of the Agreement is completed and signed by the Monroe County Engineering Department as outlined in 3.a. Included in said documentation shall be proof that the Grantee has received the property, realty or personalty, for each segment of Agreement as outlined in Exhibit A and paid an amount equal to or greater than the amount invoiced to the Grantor. It shall be necessary for the Grantee to contact the County Engineering Division and to arrange for inspections upon the completion of each segment. The documentation needed to support the payment request shall be in the form necessary for submission and available to the County engineer at the time of inspection. All submissions for payment shall have a proposed schedule of values for segment(s) 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. Photos of the progress of the work shall also be submitted with the payment application. It shall be the responsibility of the project architect, engineer, general contractor or project manager to initiate the communication with the Monroe County Engineering Division to facilitate the inspection(s) of the segment of the project. All submissions requesting payment shall be approved in writing, and signed, by the Monroe County Engineering Division as to the completion of the segment of the project for which payment is requested. The application for payment document 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. Grantee shall also provide partial releases of liens or certifications of non-lien if applicable. Grantor shall retain 10% of any payment on work in progress until the Grantee has provided a Final Release of Lien for each vendor/Contractor for whom payment is requested. For projects exceeding $25,000 in TDC funding under this Agreement, final payment will not be made until the following documents are complete and submitted to the Grantor: AlA Document G-702 Application for Payment Summary AlA Document G-704 Certificate of Substantial Completion AlA Document G-706 Contractor's Affidavit of Debts & Claims AlA Document G-706A Contractor's Affidavit of Release of Liens AlA Document G-707 Consent of Surety to Final Payment (when applicable) Final Release of Lien or Affidavit and Partial Release of Lien Dolphin Research Center - Walkway Project FY 2008 Funding Contract #: 400 3 For projects for which TDC funding under this Agreement is $25,000 or less, the AlA documentation is not required, but sufficient documentation must be submitted to County to provide similar assurances that the work has been completed and contractors/suppliers paid. All payment requests must be submitted no later than the completion of project of September 30, 2008. Invoices received after September 30, 2008 will not be considered for payment. b) 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 shall identify the items included in Exhibit A and grantee shall complete the Application for Payment form which is provided within the payment/reimbursement kit provided to the grantee, listing the schedule of values which are sought to be reimbursed and shall 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. Photographs showing progress on project shall be included in any payment request. The Project Manager shall certify delivery to the project site and installation therein of any goods or services provided other than through an architect, engineer or contractor. All work performed and goods received on site and incorporated into the project shall be verified by one of the foregoing. Submission of any documentation which is untrue, falsified, or otherwise misrepresents the work which has been completed, paid, or donated shall constitute a breach of agreement, for which breach the contract may be immediately terminated at the discretion of the County, whose decision shall be final. c) Grantee must submit all documentation for final payment on or before the termination date of this grant of September 30, 2008. Invoices received after September 30, 2008 will not be considered for payment. d) At any time that the documentation requirement policies of Monroe County are revised, such as to require annual inventory reports for equipment purchased under a TDC capital project grant, Grantee shall comply thereafter with such increased requirements, or further funding under the Agreement may be terminated by County. e) Upon successful completion of this Grant Agreement, the Grantee may retain ownership of the real and personal property acquired and/or improved with funding under this Grant Agreement. However, the Grantee shall maintain, preserve and operate the property which was acquired or improved under this Agreement for the uses and purposes which qualified the Grantee for tourist development tax funding. Grantee shall complete and sign a Property Reporting Form (provided within payment/reimbursement package) for personal property and forward said completed form with the appropriate invoice to the TDC Administrative Office. Real Dolphin Research Center - Walkway Project FY 2008 Funding Contract #: 400 4 property acquired or improved through funding under this Agreement shall remain dedicated for the purposes set forth herein or for other purposes which promote tourism and ownership of said property shall be retained by the Grantee. The following terms shall apply: (i) The Grantee shall have the use of the property, including both realty and personalty acquired with funding under this agreement, at the project site for so long as the facility is operated by Grantee, open to the public, and has a primary purpose of promoting tourism. At such time as any of the conditions in the preceding sentence shall cease to exist, the Grantee shall transfer ownership and possession of equipment and personal property to a local government or another not-for-profit organization which is a facility for which tourist development taxes may be used pursuant to Florida Statute_with prior approval from TDC and BOCC. (ii) At any time that the Grantee: (a) elects to stop the project or otherwise decide not to place into service for tourist-related purposes the facility acquired, constructed, or renovated with tourist development tax funding, (b) demolishes the project facility or divests itself of ownership or possession of the real property, or (c) ceases the use of the property with a primary purpose of promoting tourism, Grantee shall, pursuant to the formula set forth hereafter, refund to the County the Tourist Development funding. This provision shall survive the termination date of all other provisions of this contract for a period of ten years. Should the demolition, transfer of ownership, or change to a non-tourist related purpose occur after the facility has been used for tourist-related purposes for at least three (3) years, the amount of refund shall be pro-rated based on a useful life of ten (10) years. (iii) The Grantee is responsible for the implementation of adequate maintenance procedures to keep the real and personal property in good operating condition. (iv) The Grantee is responsible for any loss, damage, or theft of, and any loss, damage or injury caused by the use of, real or personal property or equipment purchased through funding under this Agreement. 4. RECORDS AND REPORTS, 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. The Grantee shall also provide such access to the personal property and equipment purchased under this Agreement. It is the responsibility of the Grantee to maintain appropriate records in accordance with generally accepted accounting principles consistently applied 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 Grantor for the amount of the audit exception and shall promptly repay any audit exception. (a) Public Access. The County and Grantee shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Dolphin Research Center - Walkway Project FY 2008 Funding Contract #: 400 5 County and Grantee in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Grantee. 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. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Grantee and their respective legal representatives, successors, and assigns. 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, seNants 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. (a) No Personal Liability. No covenant or Agreement contained herein shall be deemed to be a covenant or Agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 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 Grantor 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 it will not discriminate against any employees or applicants for employment or against persons for any other benefit or seNice 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 Dolphin Research Center - Walkway Project FY 2008 Funding Contract #: 400 6 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) 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 TOC 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. Dolphin Research Center - Walkway Project FY 2008 Funding Contract #: 400 7 f) Right to Audit. The Contractor shall keep such records as are necessary to document the periormance 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. 9. HOLD HARMLESS/INDEMNIFICATION. The Grantee hereby agrees to indemnify and hold harmless the BOCCITDC and the 3406 North Roosevelt Blvd. Corporation or 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 Grantee shall immediately give notice to the Grantor of any suit, claim or action made against the Grantor that is related to the activity under this Agreement, and will cooperate with the Grantor in the investigation arising as a result of any suit, action or claim related to this Agreement. (a) Non-Waiver of Immunity. Notwithstanding he provisions of Sec. 768.28, Florida Statutes, the participation of the County and the Grantee in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. (b) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when periorming their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the periormance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 10. NONDISCRIMINATION. County and Grantee agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or Grantee agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Dolphin Research Center - Walkway Project FY 2008 Funding Contract #: 400 8 Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 11. ANTI-KICKBACK. The Grantee 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 Grantor 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 September 30,200_. 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 Grantor may terminate this Agreement without cause upon giving written notice of termination to Applicant. The Grantor shall not be obligated to pay for any services or goods provided by Grantee after Grantee has received written notice of termination. 13. TERMINATION FOR BREACH. The Grantor 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 Grantor from declaring a forfeiture for any succeeding breach either of the same conditions or of any other conditions. Failure to provide Grantor with certification of use of matching funds or matching in-kind services at or above the rate of request for reimbursement or payment is a breach of Agreement, for which the Grantor 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 Grantee and the Grantor. 15. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. This Agreement Dolphin Research Center - Walkway Project FY 2008 Funding Contract #: 400 9 is not subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. (a) Venue. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Grantee agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. (b) Severability. If any term, covenant, condition or provIsion of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Grantee agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. (c) Attorney's Fees and Costs. The County and Grantee agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. (d) Adjudication of Disputes or Disagreements. County and Grantee agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This agreement shall not be subject to arbitration. (e) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Grantee agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Grantee specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. Dolphin Research Center - Walkway Project FY 2008 Funding Contract #: 400 10 16. 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. 10-1990. For breach or violation of the provision the Grantor 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. The County and Grantee warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Grantee agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. (a) Covenant of No Interest. County and Grantee covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. (b) Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 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. By executing this document grantee warrants that it is in compliance with this paragraph. 18. 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 Dolphin Research Center - Walkway Project FY 2008 Funding Contract #: 400 11 empowered to act and contract for the Grantee, and this Agreement has been approved by the Board of Directors of Grantee or other appropriate authority. 19. 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. 20. INSURANCE: Grantee agrees that it maintains in force at its own expense a liability insurance policy which will insure and indemnify the Grantee and the Grantor from any suits, claims or actions brought by any person or persons and from all costs and expenses of litigation brought against the Grantee for such injuries to persons or damage to property occurring during the Agreement or thereafter that results from performance by Grantee 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, Grantee shall maintain on file with the Grantor 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 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be $250,000 per Person $500,000 per occurrence $50,000 property damage. 3. Comprehensive Auto Liability Insurance with minimum limits of $300,000 combined single limit per occurrence. The Grantee, the Grantor 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. Grantee shall provide, to the County, as satisfactory evidence of the required insurance, including the insurance policy application and either: · Original Certificate of Insurance or · Certified copy of the actual insurance policy Or · Certificate of Insurance e-mailed from Insurance Agent/Company to County Risk Management - Telephone Maria Slavik at 295-3178 for details (Certificates can be e-mailed directly from the insurance agency to: Slavik- Maria@MonroeCountv-FL.Gov - The e-mail must state that this is a certificate for a TOC project and should be forwarded to Maxine Pacini at the TOC administrative office) Dolphin Research Center - Walkway Project FY 2008 Funding Contract #: 400 12 An original certificate or a certified copy of any or all insurance policies required by this contract shall be filed with the Clerk of the BOCC prior to the contract being executed by the Clerks office, The Insurance policy must state that the Monroe County BOCC and Monroe County TOC is the Certificate Holder and additional Insured for this contract. Insurance should be mailed to: Monroe County Board of County Commissioners C/O Risk Management P,O. Box 1026 Key West, FL 33041 21, NOTICE. Any notice required or permitted under this agreement shall be in writing and had delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested to the following: For Grantee: Bette Zirkelbach Director of Facilities 58901 Overseas Highway Grassy Key, FL 33050 For Grantor: Lynda Stuart Monroe County Tourist Development Council 1201 White Street, Suite 102 Key West, FL 33040 and Susan Grimsley, Asst. County Attorney P.O. Box 1026 Key West, FL 33041-1026 22. CLAIMS FOR FEDERAL OR STATE AID, Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission, 23. NON-DELEGATION OF CONSTITUTIONAL OR STATUTORY DUTIES. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely pertormance thereof by any participating entity, in which case the pertormance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties Dolphin Research Center - Walkway Project FY 2008 Funding Contract #: 400 13 of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 24. NON-RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Grantee agree that neither the County nor the Grantee or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 25. ATTESTATIONS. Grantee agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. 26. NO PERSONAL LIABILITY. No covenant or Agreement contained herein shall be deemed to be a covenant or Agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 27. FORCE MAJEURE. The Grantee shall not be liable for delay in performance or failure to complete the project, in whole or in part, due to the occurrence of any contingency beyond its control or the control of its contractors and subcontractors, including war or act of war whether an actual declaration thereof is made or not, act of terrorism impacting travel in the United States, insurrection, riot or civil commotion, act of public enemy, epidemic, quarantine restriction, storm, flood, drought or other act of God, or act of nature (including presence of endangered animal species which cannot be timely removed in a safe manner or any act of any governmental authority which prohibits the project from proceeding as described in the scope of services and incorporated references and which the Grantee has exercised reasonable care in the prevention thereof. However, lack of planning for normal and expected weather conditions for the time of year the project is to be executed shall not constitute an act of God excusing a delay. Any delay or failure due to the causes stated shall not constitute a breach of the Agreement; however, the BOCC shall have the right to determine if there will be any reduction to the amount of funds due to the Grantee after consideration of all relevant facts and circumstances surrounding the delay in performance or failure to complete the project within the contract period. Upon demand of TDC or BOCC, the Grantee must furnish evidence of the causes of such delay or failure. BOCC shall not pay for any goods received or services provided after the date(s) described in paragraph 1 and Scope of Services. 28. EXECUTION IN COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by singing any such counterpart. Dolphin Research Center - Walkway Project FY 2008 Funding Contract #: 400 14 29. SECTION HEADINGS. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. (SEAL) Attest: Danny L. Kolhage, Clerk Board of County Commissioners of Monroe County Deputy Clerk Mayor/Chairman (CORPORATE SEAL) Attest: Dolphin Research Center, Inc. By. Secretary BYrlj",- ....) fCC'"M 7 - Ko;"J'?J- President Print Name JA'Y ME: S4"q'AJlW;/'J- RtJl'l/'., eLL E<:_ Print Name Date: Date: OR TVl/O WITNESSES (1 ) (2) (1) Print Name (2) Print Name Date: Date: Dolphin Research Center - Walkway Project FY 2008 Funding Contract #: 400 MONROE COUNTI.\ H..ji::{ ,.\PPROVED AS T( ~(~-:\;1 ~+}n(') , d' -" ..,. SUSAN M~~'-- ASSISTANT CCfdNTY ,oTCH~EY Oate --L:: JO - 0 7 _____ .___ 15 EXHIBIT A NAME OF ENTITY: O(::IO[;in R'2secJrch C'S'nlS'( NAME OF PROJECT: Instcl! Pover \;\/c::lk\v('lv:)n Cause'/;,'JY NUMBER OF SEGMENTS TO PROJECT:~ Note: County signoff and submission for reimbursement only allowed after completion of each segment as documented in this exhibit. Grantee must apply for reimbursement utilizing the 'Application for Payment' form included within the Payment/Reimbursement Kit. Schedule of Value TOTAL COST TOC Portion Segment # :-1 Oescriotion: . Labor and materials to install rima stone eco-pavers on : : causeway including permit and : necessary excavation 14,000.00 ! 7,000.00 . Fill material to go between 700.00 350.00 pavers : : Total Cost: : TOC oortion: $14,700.00 ! $7,350.00 : :