Item D02BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: JANUARY 28, 2009 Division: TDC
Bulk Item: Yes X No Department:
Staff Contact Person/Phone #: Maxine Pacini
296-1552
AGENDA ITEM WORDING:
Approval is requested to advertise TDC FY 2010 Capital Project RFP.
ITEM BACKGROUND:
TDC approved same at their meeting of October 28, 2008 Meeting
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $ BUDGETED: Yes X No
COST TO COUNTY: $ SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management X
DOCUMENTATION: Included X Not Required
DISPOSITION:
Revised 11/06
AGENDA ITEM #
NOTICE
This Request for Application is subject to change prior to its issuance should
there be a change in policy by the Board of County Commissioners or the
Tourist Development Council ("TDC").
NOTICE OF REQUEST FOR APPLICATIONS
NOTICE IS HEREBY GIVEN TO PROSPECTIVE BIDDERS/APPLICANTS that on
June 2, 2009 the Monroe County Purchasing Office, the Board of County
Commissioners of Monroe County, Florida will receive sealed applications
until 5:00 p.m for the following:
BRICKS AND MORTAR/CAPITAL PROJECTS
RFA-TDC--PUR/CV
(Please note that individuals and for -profit organizations are not eligible to apply
for Capital Project funds.)
This application is funded as a fifty percent (50%) reimbursement of funds
expended by any individual organization. The applicant must show that all
funds (100%). excluding TDC funds, are available for the project at the time of
application so that there is no delay in the progress of the project, and that TDC
funding is not used as "Matching" funds.
The following is a list of district boundaries in which funds will be allocated:
District 1: Key West -(shall encompass the City Limits of Key West)
District II: Lower Keys - (city limits of Key West to West end of Seven Mile Bridge)
District III: Marathon — (west end of Seven Mile Bridge to Long Key Bridge)
District IV: Islamorada - (between Long Key Bridge and Mile Marker 90.939)
District V: Key Largo - (from Mile Marker 90.940 to the Dade/Monroe County line and
any portions of mainland Monroe County)
The respective districts wish to solicit bids applications for consideration within the
parameters for such expenditures as outlined in F.S. 125.0104 - paragraph (5) (a) 1.
thru 4. - Tourist Development Tax.
Applications for funding may be requested from DemandStar by Onvia at
www.demandstar.com OR http://www.co.monroecounty-
Monroe County Tourist Development Council FY 2010 Capital Project Application
fl.gov/pages/msd/bids.htm or call toll -free at 1-800-711-1712. The Public Record is
available at the Purchasing Office located at the Gato Building, 1100 Simonton Street,
Key West, FL 33040. All questions should be directed to the Administrative Office of
the Tourist Development Council by phoning (305) 296-1552. Any addenda to this
Request for Applications (RFA) shall be distributed to vendors on the list of
DemandStar distributees for this RFA.
Respondents must submit two (2) signed originals and thirteen (13)
complete copies of the application (total=15) in a sealed envelope clearly marked
on the outside, with the applicant's name and "Sealed Application for Bricks and
Mortar/Capital Projects Funding" addressed to:
Monroe County Purchasing Office
1100 Simonton Street, Room 1-213
Key West, FL 33040
Phone: (305) 292-4466
Fax: (305) 292-4465
All responses must be received by the County Purchasing Office before
1. Any responses received after this date and time will be automatically rejected. Materials
may be delivered by Certified Mail, Return Receipt Requested, hand -delivered or couriered. Faxed or
e-mailed responses will be automatically rejected. Hand delivered responses may request a receipt. If
sent by mail or by courier, the above -mentioned envelope shall be enclosed in another envelope
addressed to the entity and address stated above. Applicants should be aware that certain "express
mail" services will not guarantee specific time delivery to Key West, Florida. It is the sole responsibility
of each Applicant to ensure its application is received in a timely fashion.
Monroe County's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the Board of County Commissioners.
All submissions must remain valid for a period of one hundred and sixty (160)
days from the date of the deadline for submission stated above. The Board will
automatically reject the response of any person or affiliate who appears on the
convicted vendor list prepared by the Department of Management Services, State of
Florida, under Sec. 287.133(3)(d), Florida Statutes. Monroe County declares that all
or portions of the documents and work papers and other forms of deliverables
pursuant to this request shall be subject to reuse by the County.
The appropriate District Advisory Committee, at a publicly noticed meeting, will
review applications and make funding recommendations to the Tourist Development
Council. The recommendation, including a contract, will be presented to the Board of
County Commissioners of Monroe County, Florida, for final awarding or otherwise in
the best interest of the County. The Board reserves the right to reject any and all
responses; to waive informalities in any or all proposals; to re -advertise for
applications; and to separately accept or reject any item or items and to award and/or
negotiate a contract in the best interest of the County.
Monroe County Tourist Development Council FY 2010 Capital Project Application
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APPLICATION FOR BRICKS AND
MORTAR/CAPITAL PROJECTS GRANT
Monroe County Tourist Development Council FY 2010 Capital Project Application
TABLE OF CONTENTS
BRICKS AND MORTAR/CAPITAL PROJECTS GRANT
APPLICATION (RFA)
Paqe
Notice of Request for Grant Application (RFA)
1 -
2
Capital Projects
3-8
Part I
General Conditions of Application and Agreement
9 -
13
Part II
Capital Projects Criteria Fact Sheet
14
- 15
Part III
Application for Capital Projects Grant Award
16
- 18
Part IV
Project Description
19
- 24
Part V
Project Budget and Timetable
25
- 27
Part VI
Project Benefits
28
Part VI
Additional Information
28
Part VIII
Non -Collusion Affidavit
29
Part IX
Drug Free Workplace Form
30
Part X
Attachments and Certifications
31
Sample Capital Project Grant Award Agreement
32
- 47
Monroe County Tourist Development Council FY 2010 Capital Project Application
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CAPITAL PROJECTS
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL (TDC) THIRD PENNY
This application is funded as a fifty percent (50%) reimbursement of funds
expended by any individual organization. The applicant must show that all
funds (100%) are available for the project at the time of application so that there
is no delay in the progress of the project, and that TDC funding is not used as
"Matching" funds.
Permissible Uses of Funds
All Capital projects funded by TDC shall be owned and operated by either a governmental
entity or non-profit organization.
Tourist Development capital project funds may be used in Monroe County as follows:
1. To acquire, construct, extend, enlarge, remodel, repair, or improve one or more
publicly owned and operated convention centers, sports stadiums, sports arenas,
coliseums, or auditoriums within the boundaries of the taxing district in which the tax is
levied.
2. To finance beach improvement, maintenance, re -nourishment, restoration, and
erosion control.
3. To acquire, construct, extend, enlarge, remodel, repair, improve, or promote one or
more museums, zoological parks or nature centers which are publicly owned and operated
by non-profit organizations and open to the public.
4. To finance fishing piers..
**Please note that part 1, Item 12 (page 10) and part VII, Item 6 (page 28) require the
Grantee to provide for maintenance.
The following information must be provided:
• Demonstration of need for the project
• Specific benefits to Monroe County tourism
• What percentage of the total funds required for the project are being sought through
the Tourist Development Council
• Description, clearly defining the portion for which TDC funds are being requested, of
land, improvements, and specifics of project
• Specific history of project
• Impact to the area
• Evidence of community support, including firm commitments of financial funds
• Capital expenditure budget for the project
• Annual operating budget upon completion, including maintenance and repairs
• A budget based on estimated expenditures for related expenses shall be provided
Monroe County Tourist Development Council FY 2010 Capital Project Application
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Applying for Funds:
1. Sealed applications will be submitted to the Office of Purchasing, 1100
Simonton Street, Room 1-213, Key West, Florida 33040, on or before 5:00 p.m. on
June 2, 2009.
2. A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a grant application or a bid on a contract
to provide any goods or services to 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, Florida Statutes, for
CATEGORY TWO ($25,000.00) for a period of 36 months from the date of being placed
on the convicted vendor list.
3. All applicants must submit two (2) signed originals and complete
copies (total=15) of each application in a sealed envelope marked on the outside "Sealed
application for Bricks & Mortar/Capital Projects Grant Funding". Further information may
be obtained by contacting the Administrative Office of the Tourist Development Council,
(305) 296-1552.
4. The Monroe County Board of County Commissioners (BOCC) reserves the right to
reject any or all applications as deemed in the best interest of Monroe County or waive any
informality in any application and may choose to re -advertise. The Monroe County Tourist
Development Council (TDC), may, as an advisory body, make recommendations to the
BOCC for acceptance or rejection of any and all applications.
5. Contract award will be by the Monroe County Board of County Commissioners to
the entity/entities whose application is/are deemed by the BOCC, upon recommendation of
the Monroe County Tourist Development Council, to be in the best interest of Monroe
County.
6. A member of your organization must be present to answer questions at the District
Advisory Committee and Monroe County Tourist Development Council meetings when the
application is considered.
7. No application can be brought before the full TDC until it has been approved by the
District Advisory Committee in the district from which the funds will be utilized.
Monroe County Tourist Development Council FY 2010 Capital Project Application
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8. The Monroe County Board of County Commissioners and the Monroe County
Tourist Development Council accept no responsibility for any expense incurred in the
application, preparation and presentation, such expenses to be borne exclusively by the
applicants.
9. Schedule:
(Contact Administrative Office, (305) 296-1552 for updated information)
(TDC/DAC Workshops/Review/Evaluation meeting dates subject to change)
Issue of Request for Application
Workshop
Application Deadline
DAC Review/Evaluation of Applications
TDC Review/Evaluation of Applications
BOCC Approval
March 2, 2009
April 7 & 8, 2009
June 2, 2009
July 7 & 8, 2009
July/September, 2009
After October 2009
*** Be advised that if your organization is awarded funding you will have to enter
into a contract which requires you to maintain accurate and complete
documentation of the project. You will be required to obtain a signed amendment to
the contract before making any substantive changes to the project or you may
nullify the County's obligation to pay. You will be required to comply with the
following:***
a) County and TDC fund only a portion of the cost of the project and makes payment
using the percentage of completion payment process. All submissions for payment shall
have a proposed Schedule of Values for phases and indicate the percentage of completion
of the overall project as of the submission. This document should be signed by the project
architect, engineer, general contractor or project manager. Photos of the progress of the
work shall also be submitted with the payment application. Payment shall be made upon
the completion of a specific phase/segment as outlined in the Scope of Services. When
the project requires a county and/or municipal building permit(s), 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 of the project (or specific phase/segment) and obtain the signature of a Monroe
County Engineering Division as to the completion of said phase/segment at which time the
documentation shall be submitted for payment. Payments shall be a 50% reimbursement
of the total cost of each segment of the project, subject to the cap on expenditures for that
segment as set forth within the agreement.
b) Payments shall be made upon completion of said phase/segment/project provided
that AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing
contractor's signed certificate is attached to an invoice with the documentation required
below and signed by a Monroe County Engineering Division. Documentation shall include
proof of payment of project at an amount not less than the amount of payment being
sought. Copies of cancelled checks must be attached to the reimbursement request.
Monroe County Tourist Development Council FY 2010 Capital Project Application
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c) All payment requests must be submitted no later than 60 days after the completion
of project or by the deadline date outlined within the signed agreement. 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, cancelled checks, 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 final payment request will also require the
following:
AIA Document
G-702
Application for Payment Summary
AIA Document
G-704
Certificate of Substantial Completion
AIA Document
G-706
Contractor's Affidavit of Debts & Claims
AIA Document
G-706A Contractor's Affidavit of Release of Liens
AIA Document
G-707
Consent of Surety to Final Payment
Final Release of
Lien
Affidavit and Partial Release
of Lien
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.
Any applicant who intends to utilize volunteer labor or in -kind donations of property
shall provide in the application a schedule of values for each unit of in -kind
services and/or _goods (property). Should funding be allocated, BOCC/TDC reserve
the right to deny the application of certain in -kind services and _goods for match
purposes and to negotiate a revised schedule of values for permissible items. For
example, County will not accept as in -kind match the waiver of permit fees.
d) A conservation easement may be required as a condition of funding.
e) The recipient of TDC capital project funding shall designate a project manager if no
licensed architect, engineer or general contractor is involved in the project. If the project is
performed by County or City personnel, the project manager shall be the Engineer,
Building Official or Construction Manager of that local government.
If you have any further questions, please call the Administrative Office at 305-296-1552.
Monroe County Tourist Development Council FY 2010 Capital Project Application
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PART I:
General Conditions of Application and Agreement:
1. Please read these instructions carefully before completing the attached application.
Make certain that you provide responses to all applicable questions and that the entire
application, all required copies and supporting materials are returned to the address listed
below and in the Notice of Request for Applications.
2. Do not return the instructions (Part 1) with your application submission.
3. Applications must be submitted on the forms provided. Do not modify or use an
adaptation of this form.
4. Answers should be typed and confined to the spaces provided on the form.
5. Sealed application shall be submitted as follows:
Two (2) originals and thirteen (13) copies of the completed application forms and
supporting documents shall be delivered to the Director of Purchasing, 1100 Simonton
Street, Room 1-213, Key West, Florida 33040, no later than 5:00 p.m. on June 2, 2009.
6. Reservations: The TDC/County reserves the right:
a) to reject any and all applications;
b) to waive irregularities and informalities in any and all applications;
c) to re -advertise for applications;
d) to separately accept or reject any item or items of a application; and
e) to award and/or negotiate a contract in the best interest of the TDC/County.
7. Attachments must be confined to those listed in the Attachments & Certifications
checklist on page 31 of the Application. They should be labeled as indicated in the
Checklist (i.e., Attachment A, Attachment B, etc.) and must be submitted in the number of
copies required.
8. If architectural planning is in progress, submit such drawings and outline
specifications as may be available to describe the proposed work as completely as
possible.
9. Note that individuals and for -profit organizations are not eligible to apply for Capital
Projects funds.
Monroe County Tourist Development Council FY 2010 Capital Project Application
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10. Affidavits and Application Document:
a) All applications shall be complete and submitted on the attached document with
required number of copies. Any additional information, deviation from requirements,
etc., shall be submitted in the form of attachments thereto.
b) The application and affidavit(s) signature pages must be signed by an authorized
person. If application is submitted on behalf of any corporation, it must be signed in
the name of the corporation by any authorized officer as agent thereof. If
practicable, the seal of the corporation shall be applied. If any officer other than the
president signs, proof of that officer's authority to sign contracts for the corporate
entity must be provided.
c) Failure to comply with any of the submission requirements shall be cause for
rejection of application.
11. Indemnification and Hold Harmless:
A successful applicant will be required to sign an agreement which includes
provisions whereby:
(1) the applicant covenants to indemnify and hold harmless Monroe County Board
of County Commissioners from any and all claims 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; and
(2) the applicant shall obtain from all contractors and subcontractors that will be
utilized in the completion of the Capital Project, original Certificates of Insurance
indicating Monroe County BOCC as certificate holder and additional insured.
Insurance coverages that may be required are Workers Compensation/Employers
Liability, General Liability, Vehicle Liability, Professional Liability or others in
amounts as determined by Monroe County Risk Management and dependent upon
contemplated Capital Project. Final insurance requirements will be determined by
Monroe County Risk Management in conjunction with the award of each Capital
Project funding grant contract.
12. Maintenance:
The Applicant shall be responsible for all maintenance and operational costs of the
premises improved or constructed with the use of funding from the TDC/County. The
Applicant shall be responsible to the TDC/County for the safekeeping and proper use of
the property entrusted to Applicant's care, to include any and all insurance for the value of
the equipment and any maintenance or service contracts relating to such equipment for its
service life.
Monroe County Tourist Development Council FY 2010 Capital Project Application
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Any disposal of assets procured through funding under this agreement shall comply with
chapter 274, F.S. or chapter 617, F.S., dependent upon the type of entity funded under this
agreement.
13. Permits:
Applicant shall be responsible for securing all federal, state and local development
approval and permits necessary to complete the project. Award of funds under this
application do not indicate any development approval by the County and applicant shall be
required to comply with all County concurrency requirements under Land Use laws of the
County and State.
14. Taxes:
The TDC/County is exempt from Federal, Excise and State of Florida Sales Tax.
15. Performance Guarantee:
A successful applicant shall warrant, by signing this application, that applicant has the
financial capability of completing the project as planned without the need to request further
funding from TDC/County for same.
Applicant shall warrant by signing this application and confirm in writing (in the form of
bank statements; signed letter from the bank stating that funds are in the bank for the
specified project; documentation provided by a financial institution of a line of credit
assigned to the specific project within this application) that applicant has the funds in place
at the time of the application for grant funds to be able to complete the project prior to
seeking reimbursement of TDC funds. A governmental applicant shall provide a line item
budget for the project in question, and proof that the budget has been adopted by the
governing board of that entity.
The applicant by signing the application certifies that: Applicant, its principals, and any
previously owned business is/are not and have never been in default to Monroe County
under the terms of any contract. (Default means failure to fulfill contractual obligations
where County had to take legal action to obtain remedy or where a bonding company had
to make good for applicant.)
16. Construction and Other Contracts:
Applicant, by signing this application, warrants that, if awarded funds for the project, all
contracts, for construction or otherwise, to complete the project shall be let in compliance
with all applicable laws and County purchasing policy and to comply particularly with F.S.
Chapter 255, Chapter 274 and Chapter 287. Applicant further agrees to provide
TDC/County and their designated representatives with:
a) access to the project premises for inspection of the progress of the project;
Monroe County Tourist Development Council FY 2010 Capital Project Application
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b) documentation including copies of all sub-contracts/Request For Bids
verifying compliance with purchase/construction/architectural contract
requirements of the County [Notice to owner, list of sub -contractors, and release of
liens must be provided to County]; and
c) access to all records concerning the project. These records must be retained by
applicant for a minimum of four (4) years after the termination date of agreement. This
requirement may be for a different time period than that required by other government
agencies. All records must be kept in accordance with Generally Accepted Accounting
Principles.
17. Termination for Default/Convenience:
The TDC/County reserves the right to terminate any contract and agreement if, in its
opinion, there shall be a failure at any time, to properly perform faithfully any
portion of the project as funded by TDC/County according to the plan presented
with the application, or as modified and accepted in writing by TDC/County.
Further, TDC/County reserves the right to terminate payments under this agreement
should the anticipated funding become unavailable for any reason. Should termination
occur under this provision, TDC/County shall give applicant thirty (30) days notice prior to
termination.
18. Non-discrimination:
During the term of the agreement, applicant shall comply fully with all applicable laws
concerning non-discrimination and does, by signing this application, further agree that
applicant will not discriminate against any employee, applicant for employment, contractor
or other person on the basis of race, color, religion, sex, sexual orientation, gender
identification, national origin or physical or mental handicap where the handicap does not
affect an individual's ability to perform in a contractual or employment position.
19. Drug -Free Workplace:
Applicant shall maintain a drug -free workplace which complies with the County's policy on
same. (Request For Application Page 30)
20. Payments:
Applicant shall submit all documentation required by the County Finance Department in
accordance with instructions from said Department, prior to payment of any funds
awarded. The TDC Application for Payment forms provided in the TDC
reimbursement package shall be used. Ten percent (10%) of every progress payment
shall be withheld by County until certification of completion of project.
Monroe County Tourist Development Council FY 2010 Capital Project Application
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21. Contractor and Sub -contractor Bonding:
Applicant shall require all contractors and sub -contractors to post such performance bonds
as are required by such contractors/sub-contractors entering into contract with the
TDC/County.
22. Acknowledgements:
Applicant shall be required to display an appropriate public acknowledgment of the support
of the Monroe County Tourist Development Council in a publicly prominent area of the
project.
Monroe County Tourist Development Council FY 2010 Capital Project Application
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PART II:
Capital Projects Criteria Fact Sheet
The following Capital Criteria Fact Sheet must be completed in the affirmative. (Circle
those that apply.)
1. Does the project involve one of the following:
a) acquire
b) construct
c) extend
d) enlarge
e) remodel
f) repair
g) improve
2. Is the project
a) publicly owned and operated
b) owned and operated by a non-profit organization
c) publicly owned and operated by a non-profit organization
Monroe County Tourist Development Council FY 2010 Capital Project Application
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3. Is the project one of the following within the boundaries of the taxing district?
a)
convention center
b)
sports stadium
c)
sports arena
d)
coliseum
e)
fishing pier
f) museum
g) zoological park
h) nature center
i) beach or beach park facility
j) auditorium
4. If a beach, does the project fall under any of the following:
a) improvement
b) re -nourishment
c) restoration
d) erosion control
5. If the TDC/County requires a Conservation Easement Deed or mortgage note
requiring repayment of TDC monies in the event of transfer of ownership or change
in use of the premises, would you be agreeable to executing same?
6. Does the applicant request transfer of title or management of a project to the
County?
If so, why?
Monroe County Tourist Development Council FY 2010 Capital Project Application
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PART III:
Application for
Capital Projects Grant Award
Submit to:
Office of Purchasing
1100 Simonton Street
Room 1-213
Key West, FL 33040
APPLICATION SUMMARY -ALL PROJECTS
1. Project Title:
2. Location or address of Project. Provide both
physical (postal service) address, RE# and legal description (lot, block, subdivision).
Attach Map
3. Type of Project:
convention center
sports stadium
sports arena
coliseum
auditorium
fishing pier(s)
museum
zoological park
nature center
beach or beach park facility
auditorium
4. There should only be one (1) applicant
organization or government agency:
Applicant name & Address:
The applicant must be a non-profit
Monroe County Tourist Development Council FY 2010 Capital Project Application
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5. Type of Applicant:
non-profit organization
government
6. Application is for % of total funds to be obtained from all sources.
7. a) Has applicant received previous TDC assistance: Yes No
If yes, please specify year, amount and nature of project.
b) List any previous grant-in-aid assistance received by the applicant or for the
property from any government agency. Indicate year of award, amount, division which
awarded the grant, and a brief description of the project assisted by each.
8. For purposes of this application no more than twenty-five (25%) percent of total
project cost shall be of in -kind services and materials. TDC requires confirmation in writing
that project funds are in place at the time of this application for grant funds, as set forth in
Part I, 9 and 15 of this application. Payment is a 50% reimbursement of the total cost of
each segment of the project (The project may be broken down into 2 or 3 segments.
When one segment is completed, reimbursement of 50% of that cost can be applied for
through the TDC), subject to the cap on expenditures for that segment as set forth in the
agreement. Applicant must be prepared to pay the entire cost of segment in advance of
the 50% reimbursement.
a) TDC funds Confirmed/Available Confirmed Total Project
requested: Hard -Dollar funds In -kind Funds Cost
(Up to a maximum of
25% of project)
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b) State source of resources for the project specified in this application:
(i) Hard -dollar:
(ii) In -kind:
c) Specify items/services for which TDC monies will be paid if this application is
approved. Also specify how much is anticipated to be spent on each item/service.
Please refer to paragraph 2 of the Sample Agreement on Request for Application, page
32.
9. In the space below, provide a brief synopsis of the overall project and describe
specifically the work to be accomplished with the funds requested.
10. Designated Project Contact/Supervisor:
Name:
Title:
Daytime Telephone no.: Business Address:
Fax:
E-mail:
The architect or project contact/supervisor is responsible and liable for statements
provided in this application.
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PART IV:
PROJECT DESCRIPTION
1. Use:
a) Original use of structure and date of construction:
b) Modifications to the present date including date & description:
c) Present use:
d) Any other uses between original and present:
e) Proposed use:
f) Attach photograph of existing site:
g) Historic designation: Indicate whether the property has been listed in the
National Register, is located in a National Register district, is a locally designated historic
landmark or is located in a locally designated historic district. If located within a district,
provide the official name of the district. This information is available from the planning
agency having jurisdiction over the property.
All Capital projects funded by TDC shall be owned and operated by a governmental entity
or non-profit organization. Applicant shall provide proof of property ownership or long-term
lease for consideration of funding.
2. Ownership or other interest in property by applicant:
a) Official records reference for ownership documentation
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b) If not owned by applicant, provide long-term lease of property
c) If not owned by applicant, provide notarized consent letter from owner for use of
property as outlined in this application
3. If proposed project calls for transfer of title of real property to County, two (2) current
real estate appraisals and one (1) environmental assessment shall be provided. The
TDC/County shall ascertain, prior to acceptance of any donation or prior to purchase, that
the property will pose no environmental hazard, or liability for same, to County. The
TDC/County must also ascertain permissible government interest in the transfer of title.
Indicate any such proposed title transfers here.
4. *This paragraph applies only to an acquisition funding request, but you will still need
to complete items 5 through 13, whether this is new construction or renovations, additions,
or exhibits. The purchase amount shall not exceed the value of the property as
determined by the average of two appraisals, or the average of the closest two appraisals
if more than two are obtained. NOTE: The maximum grant amount from tourist
development revenue for an acquisition project shall not exceed 50% of the purchase
amount. Indicate the area of the property to be acquired in acres:
In evaluating applications for acquisition funding, an important consideration is the
appropriateness of the size of the site to be acquired. Determinations of the
appropriateness of site size will be made on a case -by -case basis and will depend on the
characteristics for which the property is considered to be significant. Sufficient property
should be acquired to assure that the historic relationship of a structure or archaeological
site to its surrounding environment is preserved. However, it is important that no more
property than is necessary to achieve established preservation objectives be included in
the acquisition project application. As this factor is crucial to favorable consideration of
your grant application and will have substantial impact on the cost of the required
application documentation, we encourage prospective applicants to consult with the staff of
the TDC Administrative Office prior to initiating the required documentation.
5. Protection of property: Indicate any type of state or federal protection currently
afforded the property. It may be that more than one type may be applicable. Provide
citations for applicable local protective ordinances. Include copies of property -specific
restrictive legal instruments in an attachment. By signing and submitting this
application/bid, the proposer warrants that all restrictions are disclosed. Failure to include
every restriction on the property may result in immediate termination of any agreement
and demand for return of any monies paid thereunder.
Monroe County Tourist Development Council FY 2010 Capital Project Application
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6. Is the property threatened by imminent destruction, deterioration or other loss which
may include demolition, vacancy, severe deterioration, loss of structural integrity,
encroaching development, adverse environmental conditions, vandalism, etc.? Be specific
regarding the nature of immediacy of the threat. If so, describe in detail:
7. a) Are there any building restrictions on the site? If so, describe. Attach copies
of all recorded easement and restrictive covenants. By signing and submitting this
application/bid, the proposer warrants that all restrictions are disclosed. Failure to include
every restriction on the property may result in immediate termination of any agreement
and demand for return of any monies paid thereunder.
b) Is the proposed project compatible with the County's Concurrency
Requirements under the existing and proposed Land Use Comprehensive Plan? How
have you ascertained such compatibility? (Note: If your description does not provide
information about existing permits and/or review by the County Planning Department, your
application shall be rejected.)
c) Does the site contain endangered or threatened species of flora or fauna?
Yes No
If so, describe:
Monroe County Tourist Development Council FY 2010 Capital Project Application
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d) Are there facilities existing or planned to accommodate the physically
disabled?
Yes No_ Describe/Explain:
e) Public accessibility and use: Indicate the extent to which the property is or
is scheduled to be open to the public each year (hours per day, days per week and weeks
per year) upon project completion. Indicate whether or not the property will be accessible
to the handicapped per Chapter 553, Part V, Florida Statutes and the Americans with
Disabilities Act, Public Law 1012-336. If not, provide a brief explanation. Estimate the
number of persons who will use or visit the completed facility annually. For archaeological
projects, if the site will not be accessible to the public, estimate the number of persons
annually who will be exposed to the interpretive materials and reports resulting from the
project. How was this estimate derived?
8. Describe present physical condition of site: (attach legal description per property
tax records). Indicate, by checking the appropriate term, the present condition of the
property.
Excellent: The property is habitable and occupied; no repairs are needed. All
physical evidence indicates that the property is under continuous maintenance.
Application is for expansion and enhancement.
Good: The property is habitable and occupied; only cosmetic repairs are
needed (e.g., peeling paint, missing ornamental features, some deteriorated mortar, etc.)
Property is maintained but in need of minor repair.
Fair: The property is habitable but may be vacant. Both the structural
integrity (foundation, framing, etc.) and weather tight integrity of the property (siding, walls,
roofing, etc.) are in jeopardy because of prolonged neglect.
Poor: The property is uninhabitable and vacant. Major structural repairs are
needed. Weather tight integrity has been lost. The property is derelict, abandoned and
not habitable without major rehabilitation work.
Monroe County Tourist Development Council FY 2010 Capital Project Application
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Also, list any specific factors or problems which contribute to the present condition
of the property.
9. List and describe all major work items included in the proposed project:
10. Status of Project Planning: 11. Name and Address of Project
Consultant (architect, engineer,
Contractor, etc.).
Not yet initiated
Initiated
Schematics complete
Design development
Documents complete
Construction documents completed
Enclose planning or architectural documents completed to date (1 set).
12. Has a contract for architectural services or constructional services been executed?
If so, indicate the scope of services to be provided under this contract and whether these
services were obtained through competitive negotiations, requests for bids or other
process.
Monroe County Tourist Development Council FY 2010 Capital Project Application
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13. Describe the means by which the structure(s) affected by this project will be
maintained subsequent to restoration/rehabilitation. Include sources and estimated
amounts of funding for such maintenance. It is the County's policy not to fund operations
and maintenance costs of organizations notwithstanding any tourism promotional value of
a project.
Monroe County Tourist Development Council FY 2010 Capital Project Application
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PART V:
PROJECT BUDGET AND TIMETABLE -ALL PROJECTS
1. Cost Estimates: List all major work items and the estimated costs of each. If the
project is phased, segregate clearly those costs for the phase to be assisted by the TDC
funds requested. All phases and total estimated cost of the entire project must be listed
here.
Total cost of phase/project for which funds are requested:
a)Phase
b)Project
Amount of TDC funds requested: (Funds requested from TDC not to exceed 50% of
the total project cost)
a)Phase
b)Project
2. Confirmation that signed, sealed bid process was utilized for acquiring architectural
services, or that project does not require architectural services.
3. Project Funds. List the sources and amounts of confirmed project funds. TDC
requires confirmation in writing that project funds are in place at the time of this application
for grant funds, as set forth in Part I, Items 9 and15 of this application. Payment is a 50%
reimbursement of the total cost of each segment of the project. (The project may be
broken down into 2 or 3 segments. When one segment is completed, reimbursement of
50% of that cost can be applied for through the TDC, subject to the cap on expenditures
for that segment as set forth in the agreement.) Applicant must be prepared to pay the
entire cost of segment in advance of the 50% reimbursement.
a) Hard -dollar:
b) In -kind: (25%)
Monroe County Tourist Development Council FY 2010 Capital Project Application
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Total confirmed Hard -dollar funds:
Total confirmed In -kind funds:
This amount should equal or exceed TDC Funds requested.
Projected in -kind services and goods shall be allocated the following values, subject to
neaotiation with TDC/County. List here all such anticiaated values:
4. Outline of expansion opportunity for acquiring further grants.
Monroe County Tourist Development Council FY 2010 Capital Project Application
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5. Tentative timetable. Indicate all major project activities and the anticipated time
required to complete each stage of the project on the graph below.
Project Timetable (in months)
Project Activity 1 2 3 4 5 6 7 8 9 10 11 12
a)
b)
c)
d)
e)
f)
g)
h)
Please indicate any critical dates and explain why they are critical.
6. What is the total project cost: $
7. Length of time for project completion (months and year(s)
Monroe County Tourist Development Council FY 2010 Capital Project Application
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PART VI:
PROJECT BENEFITS -ALL PROJECTS
1. Is the primary purpose of the project to promote tourism in Monroe County?
2. How will the project promote tourism in Monroe County?
PART VI I:
ADDITIONAL INFORMATION - ALL PROJECTS:
1. District in which the project is located.
2. Population of city/district where project activity will take place.
3. Federal Employer's Identification Number of Applicant's organization.
4. Permitting: List all permits required to complete this project.
5. Outline of proposed program in which this project will promote tourism in Monroe
County.
6. Applicant must demonstrate the ability to complete the project as proposed and to
maintain and operate the project as a viable and long-term tourist attraction and is open to
the public.
Included in this demonstration should be a summary of the applicant's past grant
experience, past two (2) year's financial statements, proposed operational budget and
description of administrative resources available to applicant and committed to the project.
Attach financial statements, budgetary and other documents.
Monroe County Tourist Development Council FY 2010 Capital Project Application
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PART VIII:
NON -COLLUSION AFFIDAVIT and VERIFICATION
I, , of the city of
according to law on my oath, and under penalty of perjury, depose and say that:
1) 1 am
bid for the project described as follows:
the bidder making the
2) The prices in this bid have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting competition, as to
any matter relating to such prices with any other bidder or with any competitor;
3) Unless otherwise required by law, the prices which have been quoted in this
bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed
by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any
competitor; and
4) No attempt has been made or will be made by the bidder to induce any other
person, partnership or corporation to submit, or not to submit, a bid for the purpose of
restricting competition;
5) The statements contained in this affidavit are true and correct, and made with
full knowledge that Monroe County relies upon the truth of the statements contained in this
affidavit in awarding contracts for said project.
VERIFICATION
I HEREBY CERTIFY that I have read the forgoing application and that the facts stated
herein are true and correct to the best of my knowledge and belief.
President's/Mayor's Name Typed President's/Mayor's Signature
Sworn to and subscribed before me this day of
20
personally appeared
and known to be the person named in and who executed the
foregoing document.
My commission expires: Notary Public State of
Monroe County Tourist Development Council FY 2010 Capital Project Application
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PART IX
DRUG FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
(Name of Business)
1. Publishes a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in the
workplace and specifying the actions that will be taken against employees for violations of
such prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the
business's policy of maintaining a drug -free workplace, any available drug counseling,
rehabilitation, and employee assistance programs, and the penalties that may be imposed
upon employees for drug abuse violations.
3. Gives each employee engaged in providing the commodities or contractual services
that are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notifies the employees that, as a
condition of working on the commodities or contractual services that are under bid, the
employee will abide by the terms of the statement and will notify the employer of any
conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida
Statutes) or of any controlled substance law of the United States or any state, for a
violation occurring in the workplace no later than five (5) days after such conviction.
5. Imposes a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's community, or
any employee who is so convicted.
6. Makes a good faith effort to continue to maintain a drug -free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the
above requirements.
Date:
Applicant's Signature
Monroe County Tourist Development Council FY 2010 Capital Project Application
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PART X:
ATTACHMENTS AND CERTIFICATIONS - ALL PROJECTS
1. The following supporting documents are attached.
a) Proof of ownership/consent of owner for use of property as outlined in
this application:
(i) Official record reference for ownership documentation; or
(ii) Consent letter from owner for use of property as outlined in this
application
b) Citations to applicable protective ordinance if applicable
c) Copy of letter designating project supervisor
d) Map showing location and boundaries of project area (for all types of
projects involving specific site or area which cannot be identified by a
street address)
e) Photographs of existing conditions of project site(s) or area - two sets
of originals and 12 photocopies
f) Documentation of confirmed project funds
g) Annual operating budget upon completion
h) Plans and specifications, if completed (development projects only —
one set)
i) Criteria Fact Sheet
D All restrictive documents governing use of the property
k) Non -Collusion Affidavit and Verification Form (notarized)
1) Drug Free Workplace Form
I certify that the information contained in this application is true and correct to the best of
my knowledge, and that I am the duly authorized representative of the applicant.
Signature:
Title:
Date:
Monroe County Tourist Development Council FY 2010 Capital Project Application
31
Draft Grant Award Agreement
THIS AGREEMENT (Agreement) is entered into this day of
20_ by and between MONROE COUNTY, a political subdivision of the State
of Florida (County) and
(Grantee).
a (choose one: Government/not for profit)
organized and operating under the laws of the State of Florida
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, and beach improvements which are publicly owned and operated or owned
and operated by not -for -profit corporations, and
WHEREAS, Grantee has applied for funding for the
project located at the following physical and legal address:
and
WHEREAS, the Grantor and Tourist Developmental Council ("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 the
property for use as an and 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 ,
200_ through to . 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: 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
and all invoices pertaining to this project shall be submitted to
the Finance Department of Monroe County no later than September 30, 200_ 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
Should there be a change in the project manager specified in the Grantee's application, a
Monroe County Tourist Development Council FY 2010 Capital Project Application
32
new project manager shall be designated and notice of the designation shall be provided
to TDC/County.
b) If, and to the extent that, Grantee contracts for any of the work funded under this
Agreement to be performed 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 performed by a contractor,
Grantee shall provide County with an amended contract executed by Grantee and its
contractor.
(i) A Grantee which is a governmental 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 performed 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
performed. 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 governmental 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 $ for materials and services used to 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
Monroe County Tourist Development Council FY 2010 Capital Project Application
33
County Commissioners and the Tourist Development Council assume no liability to fund
this Agreement for an amount in excess of this award. Monroe County's performance and
obligation to pay under this Agreement is contingent upon an annual appropriation by the
BOCC.
a) Payment 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— AIA 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:
AIA Document
G-702
Application for Payment Summary
AIA Document
G-704
Certificate of Substantial Completion
AIA Document
G-706
Contractor's Affidavit of Debts & Claims
AIA Document
G-706A Contractor's Affidavit of Release of Liens
AIA Document
G-707
Consent of Surety to Final Payment (when applicable)
Final Release of Lien or Affidavit
and Partial Release of Lien
Monroe County Tourist Development Council FY 2010 Capital Project Application
34
For projects for which TDC funding under this Agreement is $25,000 or less, the AIA
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, 200_. Invoices received after September 30, 200_ 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, 200_. Invoices received after September 30, 200_ 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
Monroe County Tourist Development Council FY 2010 Capital Project Application
35
personal property and forward said completed form with the appropriate invoice to the TDC
Administrative Office. Real 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 Statutes 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
Monroe County Tourist Development Council FY 2010 Capital Project Application
36
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 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, servants or agents
to the employees of the Board of County Commissioners of Monroe County, and they shall
be entitled to none of the rights, privileges or benefits of employees of Monroe County.
(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
service under this Agreement because of their race, color, religion, sex, national origin, or
physical or mental handicap where the handicap does not affect the ability of an individual
to perform in a position of employment, and to abide by all federal and state laws regarding
non-discrimination.
Monroe County Tourist Development Council FY 2010 Capital Project Application
37
b) Anti -kickback. Contractor warrants that no person has been employed or retained to
solicit or secure this Agreement upon an Agreement or understanding for a commission,
percentage, brokerage or contingent fee, and that no employee or officer of the Contractor
has any interest, financially or otherwise, in contractor. For breach or violation of this
warranty, the Contractor shall have the right to annul this Agreement without liability or, in
its discretion, to deduct from the Agreement price or consideration, the full amount of such
commission, percentage, brokerage or contingent fee. Contractor acknowledges that it is
aware that funding for this Agreement is available at least in part through the County and
that violation of this paragraph may result in the County withdrawing funding for the
Project.
c) 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 coverages shall be provided:
1. Workers Compensation insurance as required by Florida Statutes.
2. Commercial General Liability Insurance with minimum limits of $500,000 per
occurrence for bodily injury, personal injury and property damage.
3. Comprehensive Auto Liability Insurance with minimum limits of $300,000
combined single limit per occurrence.
The Contractor, the County and the TDC shall be named as additional insured, except for
workers compensation. The policies shall provide no less than 30 days notice of
cancellation, non -renewal or reduction of coverage.
Monroe County Tourist Development Council FY 2010 Capital Project Application
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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 coverages 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.
f) Right to Audit. The Contractor shall keep such records as are necessary to
document the performance of the Agreement and expenses as incurred, and give access
to these records at the request of the TDC, the County, the State of Florida or authorized
agents and representatives of said government bodies.
9. HOLD HARMLESS/INDEMNIFICATION. The Grantee hereby agrees to indemnify and
hold harmless the BOCC/TDC 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 the 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 performing their
respective functions under this Agreement within the territorial limits of the County shall
apply to the same degree and extent to the performance 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
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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 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 funds or
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.
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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 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 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
Monroe County Tourist Development Council FY 2010 Capital Project Application
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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.
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, Florida Statutes, 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.
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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 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,
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 (305) 295-3178 for details
(Certificates can be e-mailed directly from the insurance agency to:
Slavik-Maria(a)-MonroeCounty-FL.Gov — The e-mail must state that this is a
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certificate for a TDC project and should be forwarded to Maxine Pacini
at the TDC administrative office)
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 TDC is the Certificate Holder and additional
Insured for this contract (certificate holder only for workers' compensation).
Insurance information 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 hand delivered or mailed, postage prepaid, to the other party by certified mail, return
receipt requested to the following:
For Grantee:
For Grantor: Lynda Stuart
Monroe County Tourist Development Council
1201 White Street, Suite 102
Key West, FL 33040
and
Cynthia L. Hall, 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 performance thereof by any participating entity, in which case the
Monroe County Tourist Development Council FY 2010 Capital Project Application
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performance 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 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
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together shall constitute one and the same instrument and any of the parties hereto may
execute this Agreement by singing any such counterpart.
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
Deputy Clerk
(CORPORATE SEAL)
Attest:
By. By
Secretary
Print Name
Date:
OR TWO WITNESSES
(1)
(1)
Print Name
Date:
Board of County Commissioners
of Monroe County
Mayor/Chairman
President
Print Name
Date:
(2)
(2)
Print Name
Date:
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EXHIBIT A
NAME OF ENTITY:
NAME OF PROJECT: Project
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.
Segment #: 1
Description:
Segment #: 2
Description:
Total Cost: $ TDC portion: $
Total Cost: $ TDC portion: $
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