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GRANT OF FUNDS ~~~; ~ ~
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This AGREEMENT dated the J'7' day of f1ilt r . 1999, is entered intaf>y g'nd \0 CJ
between the BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY,
hereinafter "County," on behalf of the TOURIST DEVELOPMENT COUNCIL,
hereinafter "TDC" and the Caroline Street Corridor and Bahama Village
Redevelopment Agency, City of Key West, a Florida not-for-profit corporation,
hereinafter "Caroline Street Corridor and Bahama Village Redevelopment Agency, City
of Key West"
WHEREAS, the third penny of Tourist Development Tax may be used to acquire,
construct, extend, enlarge, remodel, repair, improve, maintain, or promote museums
which are publicly owned and operated or owned and operated by not-for profit
corporations, and
WHEREAS, the County and TDC have determined that it is in the best interests of
the County, for purposes of promoting tourism and preserving the heritage of the
community, to repair and rehabilitate the premises of the property for use as a museum
open to the public;
NOW, THEREFORE, in consideration of the mutual covenants and payments
contained herein, the Caroline Street Corridor and Bahama Village Redevelopment
Agency, City of Key West and the County have entered into this agreement on the
terms and conditions as set forth below.
1. CONTRACT PERIOD. This agreement is for the period May 12th, 1999 through
September 30th, 2000. 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 Caroline Street Corridor and Bahama Village
Redevelopment Agency, City of Key West shall contract for and obtain such
construction services as is necessary to reconstruct the concrete pilings to hold the
turtles in the pens, restore the water to an acceptable level under D.E.P. guidelines and
remodel to keep the water clean by a containment barrier and circulation system. The
Caroline Street Corridor and Bahama Village Redevelopment Agency, City of Key West
shall insure that the property shall be used as a museum open to the public by entering
into such restrictive covenants, leases, and other contracts as are necessary to effect
this purpose.
3. AMOUNT OF AGREEMENT AND PAYMENT. The County shall provide an
amount not to exceed $31,000.00 in reimbursement for materials and services used to
rehabilitate, repair and renovate the property. The Board of County Commissioners
and the Tourist Development Council assume no liability to fund this agreement for an
amount in excess of this award. Payment shall be made through reimbursement to
Caroline Street Corridor and Bahama Village Redevelopment Agency, City of Key West
1
upon presentation of invoices, canceled checks and other documentation to support a
claim for reimbursement, such documentation being subject to requirements of the
County's Finance office. Monroe County's performance and obligation to pay under this
contract is contingent upon an annual appropriation by the BOCC.
4. REPORTS. The Caroline Street Corridor and Bahama Village
Redevelopment Agency, City of Key West shall provide financial reports in summary of
activities related to this agreement on a quarterly basis. If the agreement extends
beyond the end of the fiscal year (September 30th, 1999), the Caroline Street Corridor
and Bahama Village Redevelopment Agency, City of Key West shall provide a report
summarizing the total anticipated expenditures against this agreement on or before
September 30, 1999. Said report shall be provided to the Monroe County Tourist
Development Council Administrative Office no later than August 30th, 1999. The
Caroline Street Corridor and Bahama Village Redevelopment Agency, City of Key West
shall keep such records as are necessary to document the performance of the
agreement and expenses as incurred, and give access to these records at the request
of the TDC, the County, the State of Florida or authorized agents and representatives of
said government bodies. It is the responsibility of the Caroline Street Corridor and
Bahama Village Redevelopment Agency, City of Key West To maintain appropriate
records to insure a proper accounting of all funds and expenditures. The Caroline
Street Corridor and Bahama Village Redevelopment Agency, City of Key West
understands that it shall be responsible for repayment of any and all audit exceptions
which are identified by the Auditor General for the State of Florida, the Clerk of Court
for Monroe County, the Board of County Commissioners for Monroe County, or their
agents and representatives. In the event of an audit exception, the current fiscal year
grant award or subsequent grant awards will be offset by the amount of the audit
exception. In the event the grant is not renewed or supplemented in future years, the
Caroline Street Corridor and Bahama Village Redevelopment Agency, City of Key West
will be billed by the County for the amount of the audit exception and shall promptly
repay any audit exception.
5. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the
terms of this agreement shall be only amended in writing and approved by the Board of
County Commissioners for Monroe County.
6. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder,
the Caroline Street Corridor and Bahama Village Redevelopment Agency, City of Key
West 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 Caroline Street Corridor and Bahama Village Redevelopment
Agency, City of Key West or any of its employees, contractors, servants or agents to
the employees of the Board of County Commissioners of Monroe County, and they
2
shall be entitled to none of the rights, privileges or benefits of employees of Monroe
County.
7. COMPLIANCE WITH LAW. In carrying out its obligations under this
agreement, the Caroline Street Corridor and Bahama Village Redevelopment Agency,
City of Key West shall abide by all statures, ordinances, rules and regulations pertaining
to or regulating the provisions of this agreement, including those now in effect and
hereafter adopted. Any violation of said statutes, ordinances, rules or regulations shall
constitute a material breach of this agreement and shall entitle the County to terminate
this contract immediately upon delivery of written notice of termination to the Caroline
Street Corridor and Bahama Village Redevelopment Agency, City of Key West
8. RESTRICTIONS ON CONTRACTS ENTERED PURSUANT TO THIS
AGREEMENT. The Caroline Street Corridor and Bahama Village Redevelopment
Agency, City of Key West shall include in all contracts funded under this agreement the
following terms:
a) Anti-discrimination. The Caroline Street Corridor and Bahama Village
Redevelopment Agency, City of Key West agrees that they will not discriminate against
any employees or applicants for employment or against persons for any other benefit or
service under this agreement because of their race, color, religion, sex, national origin,
or physical or mental handicap where the handicap does not affect the ability of an
individual to perform in a position of employment, and to abide by all federal and state
laws regarding non-discrimination.
b) Authority. Each of the signatories for the firm below certifies and warrants
that:
c) The firm's name in the agreement is the full name as designated in its
corporate charter, and b) they are empowered to act and contract for the Caroline
Street Corridor and Bahama Village Redevelopment Agency, City of Key West and c)
this agreement has been approved by the Caroline Street Corridor and Bahama Village
Redevelopment Agency, City of Key West Board of Directors.
d) Licensing and Permits. The Caroline Street Corridor and Bahama Village
Redevelopment Agency, City of Key West warrants that it shall have, prior to
commencement of work under this Agreement and at all times during said work, all
required licenses and permits whether federal, state, County or City.
9. HOLD HARMLESS/INDEMNIFICATION. The Caroline Street Corridor and
Bahama Village Redevelopment Agency, City of Key West hereby agrees to indemnify
and hold harmless the BOCCffDC and any of its officers and employees from and
against any and all claims, liabilities, litigation, causes of action, damages, costs,
expenses (including but not limited to fees and expenses arising from any factual
investigation, discovery or preparation for litigation), and the payment of any and all of
the foregoing or any demands, settlements or judgments arising directly or indirectly
under the scope of this agreement.
3
.
10. ANTI-DISCRIMINATION. The Caroline Street Corridor and Bahama Village
Redevelopment Agency, City of Key West agrees that they will not discriminate against
any of their employees or applicants for employment or against persons for any benefit
or service because of their race, color, religion, sex, national origin, or physical or
mental handicap where the handicap does not affect the ability of an individual to
perform in a position of employment, and to abide by all federal and state laws
regarding non-discrimination.
11. ANTI-KICKBACK. The Caroline Street Corridor and Bahama Village
Redevelopment Agency, City of Key West 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 Caroline Street
Corridor and Bahama Village Redevelopment Agency, City of Key West, except for
general membership in Caroline Street Corridor and Bahama Village Redevelopment
Agency, City of Key Wests. For breach or violation of this warranty, the County shall
have the right to annul this contract without liability or, in its discretion, to deduct from
the contract price or consideration, the full amount of such commission, percentage,
brokerage or contingent fee.
12. TERMINATION. This agreement shall terminate on September 30, 2000.
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 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 the Caroline Street Corridor and Bahama Village
Redevelopment Agency, City of Key West. The County shall not be obligated to pay for
any services or goods provided by the Caroline Street Corridor and Bahama Village
Redevelopment Agency, City of Key West after the Caroline Street Corridor and
Bahama Village Redevelopment Agency, City of Key West has received written notice
of termination.
13. TERMINATION FOR BREACH OF AGREEMENT. The County may
immediately terminate this agreement for any breach of the terms contained herein.
Such termination shall take place immediately upon receipt of written notice of said
termination. Any waiver of any breach of covenants herein contained to be kept and
performed by the Caroline Street Corridor and Bahama Village Redevelopment Agency,
City of Key West shall not be deemed or considered as a continuing waiver and shall
not operate to bar or prevent the County from declaring a forfeiture for any succeeding
breach either of the same conditions or of any other conditions.
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
4
prior agreements with respect to such subject matter between the Caroline Street
Corridor and Bahama Village Redevelopment Agency, City of Key West and the
County.
15. CONSENT TO JURISDICTION. This agreement, its performance, and all
disputes arising hereunder, shall be governed by the laws of the State of Florida, and
both parties agree that the proper venue for any actions shall be in Monroe County.
16. ETHICS CLAUSE: Provider warrants that he/it has not employed retained
or otherwise had act on his/its behalf any former COUNTY office or employee in
violation of Section 2 or Ordinance No. 10-1990 or any COUNTY officer of employee in
violation of Section 3 of Ordinance NO.1 0-1990. For breach or violation of the
provision the COUNTY may, at its discretion terminate this contract without liability and
may also, at its discretion, deduct from the contract or purchase price, or otherwise
recover, the full amount of any fee, commission, percentage, gift, or consideration paid
to the former or present COUNTY officer or employee.
17. "A person or affiliate who has been placed on the convicted vendor list
following a conviction for public entity crime may not submit a bid on a contract to
provide any goods or services to a public entity, may not submit a bid on a contract with
a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to public entity, may not be awarded or perform
work as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity, and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list."
18. NOTICE. Any written notice to be given to either party under this
agreement or related hereto shall be addressed and delivered as follows:
For Caroline Street Corridor and Bahama Village Redevelopment Agency, City of Key
West: Major Sheila Mullins
504 Angela St.
Key West, FL 33040
For County: Lynda Stuart
Monroe County Tourist Development Council
P.O. Box 866
Key West, FL 33041
and
Suzanne Hutton, Asst. County Attorney
310 Fleming St.
Key West, FL 33040
5
IN WIT~ES~,Wl:tEREOF, the parties hereto have caused this agreement to be
executed th~/day and ye~ first above written.
I: . . .,
(SEAL) {;~,. ,~". ....., ;'i BOARD OF COUNTY COMMISSIONERS
ATTEST: 1Jt.+.i~~.~~':_ .' , CLERK OF MONROE COUNTY, FLORIDA
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BY~~~~='oDV"
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BY~ .t\~.~...........-. "",-,,. - .:--. '\.
Mayor/Chairman
(SEAL) Caroline Street Corridor and Bahama Village
Redevelopment Agency, City of Key West
ATTEi: .
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RESOLUTION NO.
99-150
A RESOLUTION OF THE CAROLINE STREET CORRIDOR
AND BAHAMA VILLAGE COMMUNITY REDEVELOPMENT
AGENCY, APPROVING THE ATTACHED AGREEMENT FOR A
GRANT IN THE AMOUNT OF $31,000.00 BY THE
TOURIST DEVELOPMENT COUNCIL (TDC) FOR THE KEY
WEST BIGHT; PROVIDING FOR AN EFFECTIVE DATE
BE IT RESOLVED BY THE CAROLINE STREET CORRIDOR AND BAHAMA
VILLAGE COMMUNITY REDEVELOPMENT AGENCY, AS FOLLOWS:
Section 1:
That the attached agreement granting $31,000.00
of TDC funds for the Key West Bight is hereby approved.
Section 2:
That this Resolution shall go into effect
immediately upon its passage and adoption and authentication by the
(
signature of the presiding officer and the Clerk of the Agency.
Passed and adopted by the Caroline Street Corridor and Bahama
Village Community Redevelopment Agency at a meeting held this
4TH
day of
MAY
, 1999.
Authenticated by the presiding officer and Clerk of the Agency
on
ytAY 6
, 1999.
Filed with the Clerk
MAY 6
';;)1JLs
LINS, CHAIRMAN
Ar/l'Ep'T' (~
UU.Lq, .
CITy'! CLERK
'.J
0' /
,A~~7l0 t/L