1st Amendment 09/28/2005
Cleltllf 1he
Circul coun
Danny L. Kolhage
Phone: 295-3130 Fax: 295-3663
Memorandum
To:
Lynda Stuart, OffICe Manager
Tourist Development Council
Attn:
Maxine Pacini
Isabel C. DeSantis, · 0'V
Deputy Clerk J.-
From:
Date:
Monday, October 03, 2005
At the BOCC meeting on September 28, 2005, the Board approved the fOllowing:
j Amendment to Agreement with Key West Harry S. Truman Foundation Inc. to
extend agreement to February 1, 2006 to allow time to complete the project.
Agreement with The Islamorada Village of Islands to extend Agreement to
September 30,2006.
Agreement with Cooke Communications L.L.C., a Delaware Limited Liability
company doing business as FloridaKeys.com and KeyWest.com to provide web site
services which promote tourism from October I, 2005 through to September 30,2008
within an option to extend for an additional two year period
Attached hereto are two (2) duplicate originals of each document for your
handling. Should you have any questions concerning the above, please do not hesitate to
contact me at 295-3130.
cc: Finance
County Attorney
File .....-/
AMENQJ'ftENT TO AGR~eMENT
, L L.. THIS ADDENDUM to agreement is made and entered into this J8~day of
.kf~ 2005, between the County of Monroe (County) and Key West Harry S.
Truman Foundation, Inc., a not-for-profit corporation (Grantee).
WHEREAS, there was a contract entered into on October 20, 2004, between
the parties, awarding $72,500 Grantee for the Harry S. Truman little White House
SHS HVAC Upgrade and Collections Protection project to improve the little White
House property for purposes of providing climate control and sun protection to
preserve and protect the collections of furniture, books, and documents; and
WHEREAS, it has become necessary to extend the contract for an additional
period to allow the Grantee time to receive and install the new air conditioning system
to complete the project.
NOW, THEREFORE, in consideration of the mutual covenants contained
herein the parties agree to the amended agreement as follows:
1. The contract period as outlined in Paragraph 1 is extended to February
1, 2006.
2. The following provisions shall be added to the contract dated October
20, 2004:
A 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.
B. A Grantee which is a governmental entity shaU 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.
C. Grantee shall exercise good internal controls to assure that the
project 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. When any permit is
required by any governmental agency, copies of plans and other
documents which are submitted to the applicable agency shall be
Harty S. Truman Foundation Amendment
1
submitted to the County Engineering Division to enable verification
that the scope of services under this agreement has been provided.
D. It shall be necessary for the Grantee to contact the County
Engineering Division and to arrange for inspections upon the
completion of each phase/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 phase(s)/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 phase/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
phase/segment of the project for which payment is requested.
E. The application for payment document must be certified through a
statement signed by an officer of the organization and notarized,
declaring that representations in the invoice are true and factual.
Grantee shall also provide partial releases of liens or certifications of
non-lien if applicable. Grantor shall retain 10% of any payment on
work in progress until the Grantee has provided a Final Release of
Lien for each vendor/Contractor for whom payment is requested.
For projects exceeding $25,000 in TDC funding under this
agreement, final payment will not be made until the following
documents are complete and submitted to the Grantor:
AlA Document G-702 Application for Payment Summary
AlA Document G-704 Certificate of Substantial Completion
AlA Document G-706 Contractor's Affidavit of Debts & Claims
AlA Document G-706A Contractor's Affidavit of Release of Liens
AlA Document G-707 Consent of Surety to Final Payment (when applicabte)
Final Release of Lien or Affidavit and Partial Release of Lien
For projects for which TDC funding under this agreement is $25,000
or less, the AlA documentation is not required, but sufficient
documentation must be submitted to County to provide similar
assurances that the work has been completed and
contractors/suppliers paid.
Harry S. Truman Foundation Amendment
2
F. Grantee may elect to have vendors and contractors paid through the
direct vendor method, upon submission of appropriate
documentation as outlined above and a specific request that
payment be made directly to the vendor or contractor rather than to
Grantee.
G. Upon successful completion of this Grant agreement, the Grantee
may retain ownership of the real and personaJ property acquired
and/or improved with funding under the Grant Agreement. However,
the Grantee shall complete and sign a Property Reporting Form for
personal property and forward said completed form with the
appropriate invoice to the TOC 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 retain ownership of said
property in the Grantee. The following terms shall appJy:
(i) The Grantee shall have the use of the equipment and other
personal property at the project site for its useful life so long as the
facility is operated by Grantee, open to the public, and has a primary
purpose of promoting tourism.
(ii) At such time as any of the conditions in sub-paragraph (i)
above cease to exist, the Grantee shall transfer ownership and
possession of equipment and personal property to another
governmentaJ entity or not-for-profit organization which wiU operate
the facility for purposes for which tourist development taxes may be
used pursuant to Florida Statute; and refund to the County the
amount of Tourist Development funding received for the real property
phases of the project at such time that the Grantee demolishes the
project facility or divests itself of ownership or possession of the real
property, or the use of the property no longer has a primary purpose
of promoting tourism. 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 shaH be pro-rated based on a usefuJ 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.
Harry S. Truman Foundation Amendment
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3. The remaining provisions of the contract dated October 20,2005 remain in full
force and effect.
IN WITNESS WHEREOF, the parties have set their hands and seal on the day
and year first above written.
Key West Harry
Foundation, Inc.
@-
President
S.
Truman
~
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(SEA)..) . . . .
A TTItST: DAN~Y L. KO~HAGE, CLERK
BOARD OF COUNTY
COMMISSIONERS OF
MONROE COUNTY, FLORIDA
MaL/2 C.Il#f-~
Deputy Clerk
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Mayor/Chairman
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MONROE COUNTY ATTORNEY
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~UZANNE, TTON ~
ASSISTANT <JfN~AJIORNEY
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Harry S. Tnunan Foundation Amendment
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