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09/30/2005 Audit AUDIT REPORT OF MONROE COUNTY GRANT OF FUNDS ON BEHALF OF THE TOURIST DEVELOPMENT COUNCIL TO MEL FISHER MARITIME HERITAGE SOCIETY,INC. September 30,2005 t o 4i ! •risei ,r GOUNTy . 3 � •1I I ; '" o'COUNT' • Prepared by: Internal Audit Department Clerk of the Circuit Court Danny L. Kolhage, Clerk Monroe County, Florida • couNry '. ' tI> L co 1 � 1 ` / CLERK OF THE CIRCUIT COURT MONROE COUNTY BRANCH OFFICE BRANCH OFFICE PLANTATION KEY MARATHON SUB COURTHOUSE MONROE COUNTY COURTHOUSE GOVERNMENT CENTER 3117 OVERSEAS HIGHWAY 500 WHITEHEAD STREET,SUITE 101 88820 OVERSEAS HIGHWAY MARATHON,FLORIDA 33050 KEY WEST,FLORIDA 33040 PLANTATION KEY,FLORIDA 33070 - TEL.(305)289-6027 TEL.(305)292-3550 TEL.(305)852-7145 FAX(305)289-1745 FAX(305)295-3663 FAX(305)852-7146 September 30, 2005 The Honorable Danny L. Kolhage Clerk of the Circuit Court Re: Audit of the Monroe County Grant of Funds on Behalf of the Tourist Development Council to Mel Fisher Maritime Heritage Society, Inc. Dear Mr. Kolhage: The Clerk's Internal Audit Department has completed an audit of two grants between Monroe County on behalf of the Tourist Development Council (TDC) to Mel Fisher Maritime Heritage Society, Inc. (MFMHS). The audit concentrated on compliance with the grant agreements and whether expenditures were appropriate. Another objective was to review the effectiveness of TDC's internal controls employed to monitor MFMHS's performance on the Restoration Project. We would like to thank the Executive Director of the MFMHS and her staff for their cooperation while conducting the audit. We would also like to thank the Marketing Director of the TDC and his staff for their cooperation while conducting the audit. By its nature, this report focuses on exceptions, weaknesses, and problems. This should not be understood to mean there are not also various strengths and accomplishments. Our audit revealed. that there were various problems with the requests for reimbursement submitted to TDC by MFMHS. The two MFMHS capital project grants audited were among the first grants awarded by the TDC through the BOCC. Before the start of the audit, the TDC had already realized internal controls needed strengthening and adopted new policies and procedures due to the increased risk associated with the increase in the number and dollar amounts of capital project grant awards. Strong financial and internal controls are needed for the administration of grant funding. Documentation should be prepared and maintained, such that all individuals involved have sufficient information and instructions with which to perform their respective functions. The accompanying audit report is provided for your information. Additional copies of the report will be provided upon your request. Sincerely, >1,6.. J. rn Sandra L. Mathena, CIA, CFE, CPA Director of Internal Audit Cc: Board of County Commissioners (5) Madeline Burnside, Executive Director Mel Fisher Maritime Heritage Society, Inc. Harold Wheeler, Marketing Director Monroe County Tourist Development Council Thomas Willi, County Administrator David Koppel, County Engineer Richard Collins, County Attorney Sandee Carlile, Clerk's Finance Department AUDIT REPORT OF MONROE COUNTY GRANT OF FUNDS ON BEHALF OF THE TOURIST DEVELOPMENT COUNCIL TO MEL FISHER MARITIME HERITAGE SOCIETY,INC. . TABLE OF CONTENTS Page I. SCOPE AND OBJECTIVES 1 II. METHODOLOGY 1-2 III. BACKGROUND 3-4 IV. AUDIT CONCLUSIONS 5-6 V. AUDIT FINDINGS: A. MFMHS Check#1009 reimbursed by the BOCC for$153,544.47 was never recorded or issued to Heery International, Inc. 7-11 B. The work listed on Application and Certificate for Payment#3 dated September 30, 2004 was not completed by Heery International, Inc. - 12-13 C. MFMHS issued two checks for Application and Certificate for Payment#3 and requested TDC reimbursement on both. 14-16 D. MFMHS paid twice for work completed by Steven R. Keller and Associates and Requested Reimbursement from the TDC twice. 17 E. Four additional checks for architectural and exhibition security were reissued five months after the Grant ending date. 18-20 F. The Application showing the Budget for Line Items on TDC Grant Funds was not furnished to the Clerk's Finance Department, resulting in overpayments of some budgeted line items. 21-23 G. Matching Funds for TDC Grants -Phase II Application for TDC funds lists two hard-dollar grants not awarded at time of application and contract execution. 24-26 H. Historic Preservation Grant Award Agreement Special Category Grant No. SC 237 disbursement to Mel Fisher only at 50% ($129,950 still available). 27-28 I. Documentation submitted with request for payments not adequate. 1. Documentation of match provided for Check#93105 not adequate. 29-30 2. Documentation to support reimbursement of invoices not adequate. 31-32 J. State Grant SC 237 Project Progress and Expenditure Report. 33 VI. EXHIBITS A. Executive Director Certification and Check#1009 B. Documentation Requested from MFMHS C. Responses from MFMHS D. Documentation from Heery International, Inc. on Projected Billing for Application and Certificate#4 E. Checks Paid to Heery International, Inc. F. Application and Certificate for Payment#3 and Related Invoice G. Check#1008 Retainage Paid and Related Documentation H. TDC Grant Application Budget I. Part X: Attachments and Certifications -All Projects J. Letter from MFMHS.Confirming the Two Awarded Grants Dated January 15, 2001 K. TDC Capital Projects Resubmittal L. Guaranteed Maximum Price Proposals M. Heery International, Inc. Letter Explaining GMP N. Grant Spreadsheet for Check#93105 O. State Project Progress and Expenditure Report V. AUDIT RESPONSES A. MFMHS Audit Responses B. TDC Audit Repsponses C. Clerk's Finance Department Audit Responses AUDIT REPORT OF MONROE COUNTY GRANT OF FUNDS ON BEHALF OF THE TOURIST DEVELOPMENT COUNCIL TO MEL FISHER MARITIME HERITAGE SOCIETY, INC. I. OBJECTIVES AND SCOPE At the request of the Monroe County Clerk of the Circuit Court, the Internal Audit Department has completed an audit of two grants between Monroe County on behalf of the Tourist Development Council (TDC) and Mel Fisher Maritime Heritage Society, Inc. (MFMHS). The audit objectives were to assess compliance with the applicable chapters of the Florida Statutes, and the Monroe County Board of County Commissioners' policies, procedures, resolutions, ordinances and agreements. Other objectives were to evaluate whether expenditures were appropriate and to review the effectiveness of TDC's internal controls employed to monitor MFMHS's performance on the Restoration Project. II. METHODOLOGY A. We interviewed the following personnel to obtain information about the agreements with Mel Fisher Maritime Heritage Society, Inc. 1. Executive Director of Mel Fisher Maritime Heritage Society, Inc. 2. Chief Financial Officer, Mel Fisher Maritime Heritage Society, Inc. 3. Director, Tourist Development Council Administrative Office 4. Office Manager, Tourist Development Council Administrative Office 5. The County Engineer 6. The Clerk's Finance Department personnel 7. State of Florida, Division of Historical Resources Grant personnel B. Internal Audit Department examined the following documents: 1. Agreement dated March 22, 2001 for funding for the Mel Fisher Maritime Museum Repair and Improvement Phase II Project($311,900). 2. Addendum to Agreement dated April 17, 2002 extending Phase II contract period to December 31, 2002. 3. Addendum to Agreement dated December 18, 2002 extending Phase II contract period to March 15, 2003. 4. Addendum to Agreement dated January 21, 2004 extending Phase II contract period to March 31, 2004. 5. Agreement dated February 19, 2003 for funding for the Mel Fisher Maritime Museum Repair and Improvement Phase III($375,320). 6. Addendum to Agreement dated January 21, 2004 extending Phase III contract period to September 30, 2004. 7. Addendum to Agreement dated June 16, 2004 amending Section 2 & 3 of the agreement to include replacement of the roof 1 8. Addendum to Agreement dated October 20, 2004 extending Phase III contract period to October 31, 2004. 9. Florida Statute 125.0104 Tourist Development Tax; procedure for levying; authorized uses; referendum; enforcement. 10. Contractor Application for Payments. 11. Checks issued to contractors. 12. Change orders from subcontractors. C. The Internal Audit Department reviewed the agreements to ensure that all terms and conditions were being complied with as documented within the agreement. D. Internal Audit reviewed payments, and traced payments to Monroe County records. E. Obtained an understanding of problems encountered with renovation of the historical museum. F. Reviewed invoices for appropriateness of expenditure. G. Reviewed contracts for matching State Grant Awards. H. Reviewed State Project Progress &Expenditure Report Special Category Grants. 2 III. BACKGROUND INFORMATION Monroe County Ordinance No. 9-1981 imposed and levied a tourist development tax in the City of Key West, Monroe County, Florida, pursuant to the Florida Local Option Tourist Development Act, Florida Statutes 125.0104. Monroe County Ordinance No. 009-1984 amended Ordinance No. 09-1981 to provide that the tax may be levied and collected in all of Monroe County. The Monroe County Tourist Development Council (TDC) is an advisory council which makes recommendations to the Board of County Commissioners for the effective operation of the special projects or for uses of the tourist development tax revenue and continuously reviews expenditures of revenues from the tourist development trust fund. TDC is funded by a 3% Tourist Development Tax levied on any rental or lease of six months or less for accommodation in hotels,motels or other temporary living quarters. The third cent of the tax can be expended to acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate, or promote one or more publicly owned and operated convention centers, sports stadiums, sports arenas, coliseums, auditoriums, or museums within the boundaries of the county or subcounty special taxing district in which the tax is levied. These purposes are implemented through agreements with persons who maintain and operate existing facilities. Mel Fisher Maritime Heritage Society, Inc., applied for and received three capital project grants. Mel Fisher Maritime Museum Acquisition,Repair and Improvement Phase I • The first grant between the Board of County Commissioners for Monroe County on behalf of the Tourist Development Council and Mel Fisher Maritime Heritage Society, Inc., was dated May 18, 2000 for $65,000. (Capital Project Funding FY 2000) The ending date of the contract was September 30, 2001. Acquisition, Repair and Improvement, Phase I was for$65,000 to obtain a historic structure report on the building, which was required to start the grants process for renovation funds and for partial closing costs for the building purchase. The agreement was for the period May 18, 2000 through September 30, 2001. The museum is in a National Register Historic District and the City of Key West's Historic District and was purchased on December 28, 2000. It is also overseen by the Florida State Historic Preservation Officer and the Historic Architectural Review Commission(HARC). Mel Fisher Maritime Museum Repair and Improvement Phase II The second grant between the Board of County Commissioners for Monroe County on behalf of the Tourist Development Council and Mel Fisher Maritime Heritage Society, Inc., was dated March 22, 2001 for $311,900. (Capital Project Funding FY 2001) The original ending date of the contract was September 30, 2002. The contract ending date was extended three times by Addendum (Addendums dated April 17, 2002, December 18, 2002 and January 21, 2004) to the original agreement with the final ending date March 31, 2004. 3 The scope of the Agreement stated "The Contractor shall repair/improve electrical; plumbing; HVAC; safety/security; elevator systems; insulation; visitor gallery improvements - seating, carpentry and finishes to property; demolition/debris removal; interior signage/ADA; architectural and engineering services." The building was completed in 1910 and requires extensive repairs. According to the application for the grant funds, severe roof leaks over many years have caused extensive spalling to the steel reinforced concrete structure which continues and potentially weakens the entire structure. The electrical and plumbing systems require replacement and there are numerous other infrastructure repairs required such as elevator; HVAC; insulation; window and door replacement, interior finishes; gallery and entrance improvements for security, safety and comfort of museum visitors. Mel Fisher Maritime Museum Repair and Improvement Phase III The third grant between the Board of County Commissioners for Monroe County on behalf of the Tourist Development Council and Mel Fisher Maritime Heritage Society, Inc., was dated February 19, 2003 for $375,320 (Capital Project Funding FY 2003). The original ending date of the contract was December 31, 2003. The contract ending date was extended twice by Addendum (Addendums dated October 20, 2004 and January 21, 2004) to the original agreement with the final ending date October 31, 2004. The scope of services in the grant was amended June 16, 2004 to include replacement of the roof. The Amendment to Agreement states "The County shall provide an amount not to • exceed $375,320 (replacement of roof and windows - $275,329; installation of central HVAC systems - $40,000; Exhibition designer services - $60,000) in reimbursement for materials and services used to repair the property." 4 IV. Audit Conclusions A. MFMHS requested a projected billing from the contractor for the remainder of the project on Application and Certificate #4. MFMHS Check #1009 reimbursed by the BOCC for $153,544.47 on Application and Certificate for Payment #4 was never issued (mailed or given) to Heery International, Inc. MFMHS did not record Check#1009 for$153,544.47 in their financial records. B. The mechanical work totaling $20,000 (including retainage of $2,000) on Application and Certificate for Payment #3 dated September 30, 2004 was not completed by Heery International by the TDC grant expiration date. The $20,000 from Application#3 was then credited back as completed by the roofing contractor seven months later. C. MFMHS issued two checks for Application and Certificate for Payment #3 and requested TDC reimbursement on both. As stated in Finding B, MFMHS paid Heery International $18,000 ($20,000 less $2,000 retainage) as requested on Application and Certificate #3. MFMHS also paid Heery International total retainage listed on Application #3 of $45,412.56. Heery International did not request the payment of retainage on Application and Certificate for Payment#3. D. MFMHS .paid twice for work completed by Steven R. Keller and Associates and requested reimbursement from TDC twice. E. Four additional checks, three to Kha Le-Huu and one to Staples & Charles were reissued five months after the grant ending date of October 31, 2004. The bank account these checks were drawn on would have been overdrawn for the months of September, October, November, December 2004 and January 2005 if these checks were negotiated. F. The Application showing the Budget for Line Items on TDC Grant Funds was not furnished to the Clerk's Finance Department, resulting in overpayments of some budgeted line items. The TDC should make a determination as to the level of budgetary control. If it is their intention to hold grantees to the line items listed in the application,the budget should be incorporated into the grant agreement. G. Matching funds from the two State Grants listed on the TDC application were not awarded or available when the application and TDC grant was processed for $311,900 as was stated in the application. H. The first State Grant (SC 237) was dated September 5, 2001 for $259,900. The original ending date of the grant was March 31, 2003. As of May 26, 2005 only two payments totaling $129,950 in grant funds have been requested and received by MFMHS from the State. 5 I1. Documentation of the match provided for Monroe County Check #93105 dated November 19, 2003 for $313,780.29 was not adequate. The match provided by the Museum for this payment was the Heery International Phase IA Guaranteed Maximum Price contract for $1,474,550 dated February 11, 2003. However, this contract for $1,474,550 was superseded by two smaller GMP contracts. At the time the invoices for $313,779.40 were submitted to the Clerk's Finance Department, Heery International had only been paid $128,677.08 (Mel Fisher CK # 067253 dated 03/15/03) by the Museum and this was submitted for reimbursement to the County. I2. The documentation submitted for reimbursement of invoices was not complete. J. The SC237 Project Progress & Expenditure Report Special Category Grants submitted to the State on April 30, 2004 lists $85,748.82 as total State grant funds expended to date. The County also was billed $105,742.70. The $105,742.70 billed to the County included the$85,748.82 listed as State expenditures. 6 V. Audit Findings A. MFMHS Check #1009 reimbursed by the BOCC for $153,544.47 was never recorded or issued to Heery International,Inc. Finding: MFMHS Check #1009 dated 10/28/04 for $153,544.47 was never mailed or given to Heery International or voided. TDC provides funding to MFMHS by reimbursing actual expenses of the project when a certified request is submitted to TDC and then forwarded to the Clerk's Office for payment. The Executive Director of MFMHS certified that the reimbursement request was for a check already issued. The check was typed, but not issued (mailed or given) to the vendor when the request for reimbursement was prepared. MFMHS did not record Check#1009 for $153,544.47 in their financial records. See Exhibit A - Executive Director Certification and Check #1009. Check #1009 to Heery International was submitted as match to the BOCC with Application for Payment#4. The $153,544.47 represented match paid by Mel Fisher so that BOCC Check#208294 for$212,392.18 was issued on May 3, 2005. In initial discussions with MFMHS Management, it was stated that the Contractor never picked up the check and substituted smaller Applications 5, 6, 7, and 8 after the contract expiration date. The TDC was never notified that Check #1009 was not negotiated by Heery International. Written documentation was requested from MFMHS. See Exhibit B - Documentation Requested from MFMHS. MFMHS then stated in written documentation that museum staff had filed the envelope with the check in it when the accounting clerk was tidying up. See Exhibit C - Responses from MFMHS. However, documentation provided by Heery Interational Inc, indicates that MFMHS requested the projected billing for the remainder of the project on Application and Certificate for Payment #4. See Exhibit D - Documentation from Heery International, Inc. on projected billing for Application and Certificate #4. Documentation was also requested from the project architect, Kha Le-Huu and Partners, but they did not submit the documentation requested. Heery International indicates that Certificate and Application for Payment #4 was paid by the following four checks: Date Cleared Check Amount Date of Check MFMHS Bank Account 1008 $45,412.56 09/30/04 11/22/04 1011 $ 25,000.00 12/05/04 12/07/04 1012 $ 27,725.25 12/10/04 12/16/04 1013 $ 55,406.66 12/17/04 12/22/04 $153,544.47 7 "-1 Three of the checks listed above were written after the contract expiration date with the TDC and the BOCC and recorded as an expense in December 2004. These checks are not eligible for reimbursement by the TDC because they were issued after the contract ending date of October 31, 2004. The TDC grant for Phase III was only extended until October 31, 2004. The fourth check #1008 was written on September 30, 2004 for $45,412.56. However, Heery had not requested payment for this amount, it was listed as retainage on Application#3. The check was not stamped received by Heery International until November 19, 2004, which is after the contract ending date. See Exhibit E - Checks paid to Heery International, Inc. An audit analysis of the MFMHS bank account for the Construction Project indicated that if these checks had been negotiated before the termination of the contract period the bank account would have been overdrawn for the months of September, October, November, December 2004 and January 2005. These transactions appear to violate the terms of the Grant contract regarding reimbursements. Recommendation(s): 1. TDC should establish a procedure that requires grantees to submit a copy of a canceled check for documentation of each expense item contained in a request for reimbursement. This procedure would eliminate the practice of requesting reimbursement from the BOCC for checks not negotiated, and subsequently using TDC funds in an unauthorized manner. 2. These transactions should be reviewed by the County Attorney and the TDC for possible contract violations. MFMHS's Response: This billing was prepared on 10/27/2004 and projected the 4 remaining days of the grant period (to 10/31/2004). MFMHS was repeatedly told by the TDC office that the paperwork for our final reimbursement request must be in the TDC office on October 29, 2004, despite the fact that the grant period was extended to October 31, 2004. To meet that demand, the paperwork needed to be prepared and signed by all parties two days in advance (October 27) so it could be hand delivered to the TDC office on October 29, 2004. Work on the roof continued throughout the weekend (Saturday 10/30 and Sunday 10/31) and the bill only includes the days up to the end of the month. Clarification of this was previously provided by Heery International in their letter dated July 20, 2005 which is included in your documentation as Exhibit D. MFMHS never requested a project billing for the "remainder of the project". Madeleine Burnside certified that the check for $153,544.47 was paid out, and she fully believed this to be true. She had no reason to believe that Heery International 8 would fail to pick up the check in person as had been their custom. She submitted the paperwork to the TDC as soon as the check was cut and did not find out that Heery had not picked it up until the time of the county finance audit. No one from Heery ever mentioned that they did not get the check, although they did originally ask MFMHS to provide it. Whether Heery processes checks locally or at their head office in Atlanta is something of which MFMHS has no knowledge or control. Check #1009 was submitted as match to the TDC on 10/27/2004 via hand delivery. The TDC did issue BOCC ck# 208294 for$212,392.18 on 5/3/2005 - six months and 5 days later. This was long after the County audit had commenced. MFMHS had no reason to conclude that there was anything wrong with the documentation. At the point of certification, Burnside believed that the amounts paid on check numbers 1011, 1012, 1013 were for ongoing work beyond the TDC grant period. We had no expectation of submitting, them to the TDC for reimbursement, since they were outside the grant period. On October 30th the museum had $144,084.82 in the construction account at Key West Bank. If the $153,544.47 had been presented and caused a potential overdraft we would expect the bank to telephone the office and ask us to cover the small shortfall. We know from time to time we need to make transfers from our operating account to cover costs that are provided for under various grants which are contractually to be reimbursed. (Note: Some of the Society's accounts are set-up to automatically transfer funds as needed.) On October 29 MFMHS had $118,754.69 on deposit in the operating account, of which $111,097.27 was available. (See attached exhibit#1). MFMHS had the money to cover the shortfall, but did not have the staff available to act in anticipation of this need. One of the major complications during this period is that the museum suffered a severe financial downturn in the wake of the 2004 hurricanes. While capital money was set aside, there were insufficient operating funds to maintain a full staff. Accounting staff, along with all administrative staff, was fully laid off for the period of one month and only returned to work a vastly reduced schedule for the entire fall. In early 2005, the backlog took some time to work through and this check got misfiled by a newly hired clerk who replaced a former staffer who resigned during the lay-off. TDC's Response: 1. TDC should establish a procedure that requires grantees to submit a copy of a canceled check for documentation of each expense item contained in a request for reimbursement. This procedure would eliminate the , practice of requesting reimbursement from the BOCC for checks not negotiated, and subsequently using TDC funds in an unauthorized manner. The current cover sheet for reimbursement states: ..."I certify that the above checks have been submitted to the vendors as noted and that the expenses are accurate and 9 in agreement with the records of this organization's scope of services outlined within the contract with the Monroe County Board of County Commissioners and the Tourist Development council and will not be submitted for reimbursement to any other funding sources. Included in documentation is proof that the contractor has received and applied to the property matching funds equivalent to or greater than the amount invoiced to the county. Application of matching funds requires actual payment of the matching funds, or, in the alternative, a commitment of said funds and that the portion of the project for which the matching funds are to be used has been sufficiently completed to require payment of said matching funds". . . The document is then signed by the Executive Director/Project Manager as to the statement above and duly signed before a Notary Public. The assumption that the above certification is true and factual obviously does not assure compliance. Procedures have been adopted-by the TDC and include all capital projects from Fiscal Year 2006 and any amendments that are subsequently adopted covering previously agreement that establish a procedure that requires grantees to submit a copy of a canceled check for each expense item contained in a request for reimbursement. The requirement will be stated clearly on the cover sheet (Item 1) and within the documentation in the reimbursement package. (Item 2) 2. These transactions should be reviewed by the County Attorney and the TDC for possible contract violations. TDC administrative staff recommends that in light of the misrepresentation by MFMHS of the notarized documentation and the apparent cooperation by vendor (Heery), that the TDC/County pursue these issues. These actions may also serve to convey as a deterrent to potential applicants who attempt to deceive the Monroe County funding process. Also attached please find a response to this question by Assistant County Attorney Hutton. (item 3) Internal Auditor's Response: 1. MFMHS check # 1009 for $153,544.47 was not recorded in the fmancial accounting records. The bank reconciliations completed by MFMHS did not include check #1009 for $153,544.47 dated 10/28/04. These facts indicate that MFMHS never intended for this check to be negotiated. The amounts paid on check numbers 1011, 1012 and 1013 were not requested by Heery International on separate Certificate and Application for Payments, therefore, what documentation was used to make these payments 2. According to the bank reconciliations completed by MFMHS, if the checks lost in the 10 mail totaling $93,610.06 (ck# 1006 - $30,197.50 dated 9/29/04, ck# 1007 - $18,000 dated 9/30/04, and ck# 1008 - $45,412.56 dated 9/30/04) and the check which was left in the drawer (ck# 1009 - $153,544.47 dated 10/28/04) were negotiated the Construction Bank Account would have been overdrawn $5,448.55 for September 2004, $77,650.68 for October 2004, $77,513.21 for November 2004 and $92,319.89 for December 2004. 11 B. The work listed on Application and Certificate for Payment#3 dated September 30,2004 was not completed by Heery International,Inc. Finding: Application and Certificate for Payment #3 dated September 30, 2004 totaled $20,000 for mechanical work. It is listed as Item #5 on the Application and Certificate for Payment Continuation Sheet and Certified by both the Contractor and the Architect that the work was completed as of September 30, 2004 by Heery International. See Exhibit F - Application and Certificate for Payment#3 and Related Invoice. The work was not completed by Heery International, it was completed by the roofing contractor. MFMHS paid Heery International $18,000 on Check #1007 dated September 30, 2004 (the remaining $2,000 was retainage). MFMHS then requested reimbursement from the TDC but the request was denied by the Clerk's Finance Department. (See Finding C) • On Application #9 dated April 6, 2005, credit is given for the $20,000 relating to Application #3. Heery International states in correspondence to the Internal Auditor "Billing for mechanical contractor to install louver and frame. Louver support framing and installation performed by roofing contractor not mechanical, credit for labor applied in Application#9." The work was stated as complete as of September 30, 2004 which was before the TDC grant expiration date and then credited back as completed by the roofing contractor seven months later. TDC did not receive a copy of the credit on Application#9. TDC Management has been meeting with the County Attorney's Office, and County Engineering Management to implement procedure so that TDC construction projects are monitored by experienced construction personnel to ensure work is completed as invoiced. TDC internal control procedures were strengthened on March 8, 2005 to require inspection. Recommendation(s): 1. Monroe County Engineering Division and TDC should continue refining and implementing construction monitoring procedures on TDC Construction Grants. 2. Monitoring of the work on TDC Construction Projects should be completed by the Monroe County Engineering Division. MFMHS's Response : On the date that we submitted paperwork for pay order #3 to the TDC, we believed the billing to be accurate-it was certified by all parties. The louvers were completely installed when the pay order was issued. We had no knowledge that we would receive a credit on 4/6/2005 some seven months later. Again, we received that credit seven months later, but to state that "the louvers were not installed until seven months later" is in error. The entire roofing project was completed by January 2005. In light of receiving the credit in April 2005, we agree with the audit finding that the 12 HVAC billing in pay order #3 should not be reimbursed at the amount originally submitted ($20,000), but at the net amount of$2,000. We had no way of knowing this in advance. TDC's Response: 1. Monroe County Engineering Division and TDC should continue refining and implementing construction monitoring procedures on TDC Construction Grants. Effective with all capital projects from fiscal year 2006 the TDC has established within the contractual scope of services a description and exhibit outlining the parameters of the work to be performed and how the work will be monitored and signed off. This document (Item 4) has been approved by the Monroe County Engineering Department. (Grant Awards Agreement-section 3 and 3 a)Item 4 . 2. Monitoring of the work on TDC Construction Projects should be completed by the Monroe County Engineering Division Effective with all capital project from fiscal year 2006, the Monroe County Engineering Division has agreed to monitor the work on TDC Construction Projects and sign off on the reimbursement request upon the completion of each segment within the grant agreement prior to submission to the Finance Department for reimbursement. This is clearly outlined within the agreement. (section 3 a)Item 5 Internal Auditor's Response: Heery International submitted their Invoice #1 attached to Pay Application #3 dated September 25, 2004 for payment for $20,000 ($2,000 retainage). The invoice indicated that Heery had completed the work themselves (HVAC louver labor 12,000 and HVAC louver material $8,000). MFMHS's check 1007 for$18,000 did not clear until February 23, 2005. Heery International applied check 1007 to Pay Application # 7, nothing was applied to Pay Application #3. It would appear reasonable that Heery International would know if they completed the work they billed for in September 2004. 13 C. MFMHS issued two checks for Application and Certificate for Payment#3 and requested TDC reimbursement on both. Finding: As stated in Finding B, on Application and Certificate for Payment #3, MFMHS paid Heery International $18,000 on Check#1007 dated September 30, 2004. MFMHS also paid Heery International total retainage listed on Application #3 of $45,412.56 on Check #1008 dated September 30, 2004. Check #1007 did not clear the MFMHS Construction Bank Account until February 23, 2005 and Check #1008 cleared the account on November 22, 2004. Heery International did not request the payment of retainage on Application and Certificate for Payment #3. Both of these checks were negotiated after the grant expiration date. MFMHS then requested two TDC reimbursements for Application#3 - one for$18,000 on the Third Grant and one for$45,412.56 on the Second Grant. See Exhibit G- Check #1008 and Related Documentation. Both requests for reimbursement were disallowed by the Clerk's Finance Department. The same documentation was used for both check requests. The request for the retainage of $45,412.56 was disallowed because the retainage was not requested by the Contractor or certified by the Architect and retainage is paid when the project is complete. There appears to be some ambiguity and long timing differences between Heery International's application of payment and MFMHS writing of checks. The policies and procedures and terms of the grant agreement with TDC and the BOCC should be followed when requesting reimbursement. Recommendation(s): 1. The Clerk's Finance Department should not allow payment for these invoices as submitted. 2. With the new policies being implemented, the Engineering Division should review all TDC Construction Grant Application and Certificates for Payment before submission to the Clerk's Finance Department. MFMHS's Response: MFMHS has not received any correspondence from the County Clerk's office that payment has been disallowed for the $45,412.56 before receipt of this audit draft. MFMHS had a TDC Capital Project contract with an expiration date of 9/30/2004 (at that point in time). MFMHS and Heery, International met with the county attorney on 09/22/2004 to ascertain, if an automatic extension would be granted due to the emergency circumstances (repeated County ordered evacuations) or if a request for an extension of an additional 30 days to 10/31/2004 could be allowed due to these hurricane-caused construction delays to the project. This extension was recommended by DAC Ito the TDC board for approval. This contract extension(to 10/31/04)required TDC board approval and BOCC approval at upcoming meetings that were beyond the 14 original 9/30/04 date. While MFMHS is fully aware that these recommendations are usually approved, we know that it would be inappropriate to depend on receiving the approvals. The retainage of$45,412.56 was for work completed and certified as such in prior pay orders as well as pay order#3. We made payment of the retainage amount on 9/30/04 to bring those dollars into the grant period-meeting TDC requirements of completed and paid for. The TDC grant contract states that payments to contractors by grantees must be made by the end of the grant period, i.e. September 30th. Since payments are still being made on that day, it is quite possible that not all contractors receive the payments by that date and it is unlikely that they all would have been able to cash them. • We contend the contractor does not need to provide additional billing for this (retainage), because it has already been billed and documented on previous pay orders. Further, MFMHS has no control over when Heery decides to deposit their checks. A vendor may potentially have several factors that affect the timing of their accounting and banking actions. None are under MFMHS' control. Something as simple as clerical error or the result of a staff vacation or absence for an illness may delay a deposit. In our experience some consultants/vendors may choose to hold payments, as an income tax strategy, to the next calendar year. Surely this is not under the control of an check issuer. TDC's Response: 3. With the new policies being implemented, the Engineering Division should review all TDC Construction Grant Application and Certifications for Payment before submission to the Clerk's Finance Department. This procedure has now been established as outlined in the response to Page 9, 1 & 2. Clerk's Finance Department's Response: The Clerk's Finance Department has not processed the request submitted by the Mel Fisher Maritime Heritage Society (MFMHS) to the Tourist Development Council (TDC) for retainage totaling $45,412.56 for the period August 1, 2004 to September 30, 2004 due to insufficient supporting documentation. The project was not completed as of September 30, 2004 and the Contractor had not requested nor had the Architect certified the request for payment of retainage. In addition, the Clerk's Finance Department has not processed the request submitted by MFMHS to the TDC in the amount of $18,000 for Pay ment Application #3 005 mechanical work completed as it has subsequently been determined and identified by 15 the general contractor that the roofing contractor had performed the mechanical work and a credit in the amount of$18,000 has been provided by the general contractor on payment application#9. Internal Auditor's Response: Retainage is not intended to be paid at the time the completed work is paid. Retainage is to be paid when the project is complete. • • i , 16 D. MFMHS paid twice for work completed by Steven R. Keller and Associates and Requested Reimbursement from the TDC twice. Fi g ndin • Kha Le-Huu & Partners billed MFMHS $6,628.69 on Invoice 9S for consultant work completed by Steven R. Keller & Associates. MFMHS paid Kha Le-Huu on Check #67000 dated January 21, 2003. This amount was submitted to the TDC for reimbursement on September 18, 2003. The Clerk's Finance Department did not reimburse MFMHS because the contract and proof of payment was not submitted. Kha Le-Huu & Partners also billed for an additional $4,734.79 for the same consulting work in increments of$860.87 plus the 1.10 multiplier totaling $946.96 per increment on individual invoices 9C, 9EC, 9H, 9P and 9W. These amounts were also submitted to the TDC for reimbursement. TDC management approved both invoices for payment. The Clerk's Finance Department did not reimburse MFMHS because the contract was not submitted. After the contract was submitted; the Clerk's Finance Department did not reimburse either payment because the duplication of payment was identified. Recommendation(s): 1. MFMHS should request a refund and explanation from Kha Le-Huu & Partners, P.A., and send the Clerk's Finance Department the documentation to support reimbursement for the correct billing. 2. TDC should establish a procedure that requires grantees to submit a copy of a canceled check for documentation of each expense item contained in a request for reimbursement. This procedure would eliminate the practice of requesting reimbursement from the BOCC for checks not negotiated and subsequently using TDC funds in an unauthorized manner: MFMHS's Response: Yes, the subcontractor S. Keller's invoice was billed by the architect's office on two invoices. MFMHS staff did not catch the double billing. Both invoices were paid by MFMHS and a credit for the duplicate payment will be issued by the architect's office to correct their error. TDC's Response: 2. TDC should establish a procedure that requires grantees to submit a copy of a canceled check for documentation. of each expense item contained in a request for reimbursement. This procedure would eliminate the practice of requesting reimbursement from the BOCC for checks not negotiated, and subsequently using TDC funds in an authorized manner. This procedure has now been established as outlined in the response to Page 8 above. 17 E. Four additional checks for architectural and exhibition security were reissued five months after the Grant ending date. Finding: MFMHS requested reimbursement from the TDC for the following checks: Replacement Description Date Check# Amount Date Check Kha Le-Huu 09/15/04 5324 $2,175.71 02/22/05 69744 Kha Le-Huu 09/15/04 5325 $4,699.20 02/22/05 69744 Kha Le-Huu 09/27/04 5326 $6,037.95 02/22/05 69744 Staples&Charles 09/29/04 1006 $30,197.50 02/22/05 69743 $43,110.36 MFMHS requested reimbursement from TDC for the three checks paid to Kha Le-Huu. The Clerk's Office paid MFMHS on Check #107656 dated December 1, 2004 before the three checks were reissued to Kha Le-Huu. According to MFMHS Management these checks were lost. The TDC was not notified that the checks were lost and not reissued until five months after they were written. An audit analysis of the Construction Bank Account revealed that if Check #1006 had been negotiated before the termination of the contract the bank account would have been overdrawn for the months of September, October, November, December 2004 and January 2005. See Finding A. MFMHS requested reimbursement for Staples and Charles Check #1006 dated September 29, 2004. According to MFMHS this check was also lost. MFMHS requested reimbursement from the TDC on October 14, 2004. TDC was not notified that the check was lost and not reissued until five months after it was written. The Clerk's Finance Department denied payment because a copy of the contract with Staples& Charles was not provided. ' Bank reconciliations completed by MFMHS should have alerted management in a timely manner to the fact these checks were outstanding. Internal Audit has requested an audited copy of the Financial Statements for the 2004 year end, but it was not provided because MFMHS Management states it is not yet completed. Recommendation(s): 1. TDC should establish a procedure that requires grantees to submit a copy of a canceled check for documentation of each expense item contained in a request for reimbursement. This procedure would eliminate the practice of requesting reimbursement from the BOCC for checks not negotiated and subsequently using TDC funds in an unauthorized manner. 2. Internal Audit personnel should review the 2004 Audited Financial Statements when provided by MFMHS. 18 MFMHS's Response: Checks 5324, 5325, and 5326 were not drawn on the construction bank account. These checks were issued as replacement checks as the original checks were lost in the mail. As stated in regard to finding "A," the museum staff is well aware of the need to make transfers or direct payments from cash accounts in order to meet billing deadlines as .required by contractors, in anticipation of reimbursements from granting organizations. The sources of these checks and their replacement documents evidence this custom and necessary practice. While MFMHS does follow up on outstanding checks on a regular basis, this did not happen until after January 1,2005, due to the lay-off in staff. It is normally a low priority since vendors usually make us aware of any overdue payments via account statements or direct contact. Staples and Charles are museum designers and their contract falls under that of the architect. They were named in the grant proposal. At no time were we instructed in advance of the completion of the work that a separate contract was required for them. At the November 2003 meeting with Linda Stewart, Harold Wheeler, Danny • Kohlage, Suzanne Hutton, and an accountant (now left) from the County Finance Office, copies of task orders were requested and these were supplied-(See attached exhibit#2). In addition we have a letter, dated April 15, 2004, to MFMHS outlining their rates, which I believe has already been received by your office-(See attached exhibit#3). The fiscal year end financial statements for September 30, 2004 have not yet been completed. The museum is awaiting paperwork from a donor which will provide the CPA with the details required for them to write two financial statement notes (narrative) that will accompany the statements. (See attached exhibit #4). Upon completion they will be provided to the county finance office. TDC's Response: 1. TDC should establish a procedure that requires grantees to submit a copy of a canceled check for documentation of each expense item contained in a request for reimbursement. This procedure would eliminate the practice of requesting reimbursement from the BOCC for checks not negotiated, and subsequently using TOC funds in an. authorized manner. This procedure has been established as outlined in the response to Page 8 above. „ 19 Clerk's Finance Department's Response: Copies of task orders were received as requested but without the estimate of costs as stipulated in a memo, copy attached, from Suzanne Hutton, Assistant County Attorney to my staff with a copy forwarded to Melissa Kendrick. However, the Internal Audit recommendation is focused on proposing a change to the TDC reimbursement procedure to include copies of canceled checks which would cover proof of payment. This would be assurance to the TDC and the Clerk's Finance Department that payments are issued and released to the vendors. 20 F. The Application showing the Budget for Line Items on TDC Grant Funds was not furnished to the Clerk's Finance Department, resulting in overpayments of some budgeted line items. Finding: The Clerk's Finance Department was not furnished with the total Applications for MFMHS Phase II and Phase III grants showing the distribution of TDC funds allowed by line item. See Exhibit H- TDC Grant Application Budget. Since the documentation was not supplied, the Clerk's Finance Department calculated 50% of the total invoices submitted and paid that amount to ensure there was a 50% match. This method results in overpayments in some budgeted line items. The TDC needs to clarify grant procedures for both reimbursement by the BOCC and matching documentation required. In order to ensure compliance with terms of TDC's approval of the project as presented in the grantee's application for funding, the Grantee needs to identify each expenditure by budgeted line item on the Request for Reimbursement to TDC and the Clerk's Finance Department. The Clerk's Internal Audit Department was not able to match the expenditures requested with the line items approved by the TDC. The issue of reimbursement and matching funds is not clearly defined in TDC policy resulting in varying interpretation of how match should be documented and applied. The policies and procedures related to reimbursements and matching funds should be clarified. Recommendation(s): 1. Policies and Procedures related to reimbursements and matching funds should be clarified. 2. The total Application for Grant Funds should be furnished to the Clerk's Finance Department. 3. State Project Progress and Expenditure Reports or other Third Party Grant award reports should be required to be submitted to the TDC to confirm that all TDC and State expenditures are independent of each other. 4. The TDC should make a determination as to the level of budgetary control. If it is their intention to hold grantees to the line items listed in the application, the budget should be incorporated into the grant agreement. MFMHS's Response: There is no manual or other document for policies and procedures related to reimbursements provided to grantees. This is confusing to grantees and detrimental to the process through which the county, as well as the grantee, fulfills the terms of the contract in a timely manner. l_ 21 • There are no "dollar amount" budgets per line item in the $311,900 contract with MFMHS --that was not a stipulation of grant contracts that year. It is not until the period of the $375,320 grant contract that line item budget amounts are reflected in contracts. MFMHS staff member, Melissa Kendrick, has had conversations with the County Finance office on this very matter while trying to receive reimbursements as well as during the'audit period. The County Finance Office said that "that's how we do our contracts now." However, there is no language in the contract that MFMHS and the BOCC entered into that supports a line item budget for the $311,900. We contended that the County Finance office can not alter the contract contents after the fact without an amendment executed by MFMHS and the BOCC. This matter was addressed previously by the county attorney's office and subsequent payment was made to MFMHS. As no such amending document was ever presented for execution or executed, there is not overpayment to MFMHS on a line item basis in the#311,900 contract. TDC's Response: 1. Policies and procedures related to reimbursement and matching funds should be clarified. TDC has incorporated within the agreement the following language: ..."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 the 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. ..." (Section 3 and 3.a)Item 6 2. The total Application for Grant Funds should be furnished to the Clerk's Finance Department. The Application for Grant Funds shall be furnished to the Clerk's Finance Department included with the one (1) of the five (5) signed copies of the agreement• provided to the Clerk of the Court upon approval by the Monroe County Board of County Commissioners. 3. State Project Progress and Expenditure Reports of other Third Party Grant award reports should be required to be submitted to the TDC to confirm that all TDC and State expenditures and independent from each other. • 22 Upon receipt from the Clerk's Office of the Grantee's duly signed agreement, the TDC forwards the Grantee's agreement together with a reimbursement package outlining the procedure for submission of reimbursement of Capital projects which will include the requirement that State Project Progress and Expenditure Reports of other Third Party Grant award reports shall be required to be submitted to the TDC as part of the reimbursement request (Item 7) to confirm that all TDC and State expenditures are independent from each other. 4. The TDC should make a determination as to the level of budgetary control. If it is their intention to hold grantees to the line items listed in the application, the budget should be incorporated into the grant agreement. Within the application for funding, the applicant is required to provide an estimate of the costs involved. Within Exhibit A the agreement the document outlines the segment/phase including the cost. Any significant change to Exhibit A of the agreement will require either a change order or an amendment to the contract. The grantee shall not exceed the total of the segment and/or the total of the grant-in-aid. Clerk's Finance Department's Response: The Clerk's Finance Department had initially reviewed a MFMHS request for payment only in accordance with the total contract amount. Subsequently, we were informed by TDC that this amount was only a total of line item budgets which MFMHS provided as part of the grant application. We will only review line item budgets should the BOCC incorporate the grant application as part of the contract. Internal Auditor's Response: In this finding, the Internal Audit Department requested guidance from the TDC on the level of budgetary control required. According to the response from TDC, Exhibit A of the Agreement in the future will include the segment/phase including the cost. Any significant change to Exhibit A of the agreement will require either a change order or an amendment to the contract. 23 G. Matching Funds for TDC Grants - Phase II Application for TDC funds lists two hard-dollar grants not awarded at time of application and contract execution. Finding: The Request For Proposal (RFP) application for the fiscal year 2001 TDC capital grant was signed and dated January 15, 2001 and states the museum has documentation of confirmed matching hard-dollar funds of $367,445. The signed supporting document attached to each project certifies that the documentation of confirmed matching funds contained in the application is true and correct. The Attachments and Certifications - All Projects form item (h) in the application requires documentation of the matching funds to be attached, such documentation may be comprised of contracts, executed grants, or other similar complete and executed documents. See Exhibit I - Part X: Attachments And Certifications - All Projects. The application states "Hard-dollar; The Mel Fisher Maritime Heritage Society has been awarded a Special Category Grant ($259,900); and Small Matching Grant ($51,645)." Documentation provided for the two matching State grants was a letter from Mel Fisher Maritime Heritage Society, Inc., which states that contracts for the two State Grants will be prepared in March 2001. See Exhibit J - Letter from MFMHS Confirming the Two Awarded Grants dated January 15, 2001. The Small Matching Grant of $51,645 was denied funding by the State of Florida. The State grant for $259,900 was not awarded to MFMHS until July 2001 and the documents were executed September 5, 2001. Matching funds from the two State grants listed on. the TDC application were not awarded or available when the application or TDC grant for$311,900 was processed. To be in compliance with the RFP matching funds are required by the TDC when applying for capital project funding. Since the documents in the application made reference to having the required hard-dollar match in hand at the time of the application, this resulted in TDC funding being recommended and subsequently approved. Other applicants have been turned down for not showing required matching funds. Delays in the project or inability to complete the project could also result from not having the required funding in place when needed. Recommendation(s): 1. Policies and procedures in place for documentation of confirmed matching funds should be followed before TDC funding is approved. MFMHS's Response: This finding has been made in error. Special Category Grant SC237 in the amount of$259,900 was matched by the building purchase in the amount of$4.2 million dollars and $65,000 awarded by the TDC as a Capital Project grant that covered some closing costs (acquisition), emergency repairs, and other expenditures that were awarded by the TDC in May 2000. The award was 24 made by the review state panel in September 21, 2000 and approved by the Florida Historical Commission. See exhibit relevant pages extracted from the "Pink Book" issued by Secretary of State Katherine Harris's office with a cover date of December 2000). The funding for SC237 became part of the Florida budget for the fiscal year beginning 7/1/2001. All of these dates are in advance of the TDC application signed in January 2001.- (See attached exhibit#5) The further grant for $51,645, the "Small Matching Grant" from the State of Florida, was not denied funding-MFMHS withdrew it after several conversations with staff of the Department of Historical Resources. The museum replaced that money with fundraised dollars. In that the money was in place, there seemed to be no need to make the TDC aware of the difference in source. Unfortunately, we did not distinguish between the larger grant that was approved and the smaller one that was pending. This was an error but not meant to mislead. When we withdrew the grant application, which only represented 10% of the project, we knew we could raise these monies from other sources, which we did, before making the first project expenditure. There is no contract language in the TDC/BOCC document requiring anything other than an equal matching share be expended. The source of these matching funds are not mentioned anywhere in the TDC/BOCC contract. Special Category Grant 330 in the amount of $325,000 was matched by the TDC Capital Project award of $311 ,900 and society staff construction coordinator salary $36,000, and in-kind services from the City of Key West in the waiver of building permit fees in the amount of$ 14,400.-(See attached exhibit#6) MFMHS has always made certain that grants from the TDC, matched by grants from the State,provide funding within the TDC grant period. While the State allows for grant funds to be encumbered during the grant period the TDC requires the funds to match to be expended in the grant period. Necessarily, the TDC requirement provides for a projected start date based on an award made as much as nine months earlier. TDC's Response: 1. Policies and procedures in place for documentation of confirmed matching funds should be followed before TDC funding is approved. TDC requires confirmation in writing that matching funds are in placed at the time of the Application for Grant funds i.e. Governmental applicant--provide a line item budget for the project in question; non-profit applicant -provide 1. Documentation provided by a financial institution of a line of credit assigned to the specific project within the application. 2. Signed copies of any grants pertaining specifically to the project within the application. Without said documentation, the application will not -, be forwarded onto the District Advisory Committee for consideration. 25 The audit shows that MFMHS misrepresented within their application the fact they did not have the matching funds as outlined and therefore, was not in compliance with TDC requirements at the time of the application. MFMHS at no time notified the TDC that the matching grants referenced in their application were, in fact, not forthcoming. • Internal Auditor's Response: Contrary to Ms. Burnside's response, State Grant SC 237 was not awarded to MFMHS until July 2001 and the documents were executed September 5, 2001. This fact is acknowledged by Ms. Burnside when she states "The funding for SC 237 became part of the Florida budget for the fiscal year beginning July 1, 2001." The date listed by Ms. Burnside is July 1, 2001 which is after the TDC application date of January 15, 2001 and the TDC grant contract date of March 22, 2001. The Small Matching Grant of $51,645 was denied funding according to Alissa Slade, Historic Preservation Grants Specialist at the Department of State. • 26 H. Historic Preservation Grant Award Agreement Special Category Grant No. SC 237 disbursement to Mel Fisher only at 50% ($129,950 still available) Finding: The first State Grant (SC 237)was dated September 5, 2001 for $259,900. The original ending date of the grant was March 31, 2003. The grant period was extended through September 30, 2003. Mel Fisher, the Grantee was required to expend 1,317,295 in Local Cost Share funds for the Project. As of May 26, 2005 only two payments totaling $129,950 ($64,975 received December 13, 2001, and $64,975 received October 31, 2002) in grant funds have been requested and received by Mel Fisher from the State. The State Grant funds were budgeted $141,600 Roof Monitor Restoration, Masonry/Structural Repair - Concrete Spalling $98,000 and Electrical Systems Infrastructure $85,400. Interviews with Mel Fisher's Management revealed that there were numerous delays partly due to the necessity of receiving approval of the roofing material from the Florida State Department of Historic Preservation. In a letter dated November 19, 2002, Museum Management states that they have expended $164,933.09 of Museum funds and have now reached a limit. The letter further states "We believe we have now reached agreement on the materials and are going forward, however this has delayed some of our expenditure of matching funds." According to personnel at the Grants Department at the State Division of Historical Resources the funds can still be requested and paid since the funds were encumbered at the close of the grant period. The Museum's Chief Financial Officer stated that she was going to request funds from the State after she received TDC's payment to see what was disallowed by the Clerk's Finance Department. The State Grants and Education Section Personnel state that reporting required for both grants are delinquent. Recommendation(s): 1. Grant funds totaling $129,950 should be requested as soon as possible from the State before these funds are lost. 2. State Project Progress and Expenditure Reports should be completed as required by the contract with the State. MFMHS's Response: MFMHS has held off filing State grant reports for the completion of this audit in order to ascertain the payments that may be forthcoming from the TDC in order to make a full and final request from the State. MFMHS is now under in the position of having to file an interim report with the State to receive the remaining awarded grant dollars. 27 This process has been held up and the grant funds endangered by the County Finance reimbursement process --for example, there is paperwork that was submitted to the TDC office on October 4, 2004 that still,to this date,has not received resolution. Clerk's Finance Department's Response: Once clarification has been provided as a result of the internal audit, we will determine the appropriateness of reimbursing any outstanding claims made as part of the reimbursement process. However, we are not responsible or accountable for any of MFMHS's grant funds and, therefore, cannot take any action with the State involving the same. Internal Auditor's Response: The State Grants require a completed "Progress and Expenditure Report" form for every reporting period of the grant period. Interim reports are required to be sent to the State. Interviews during the audit with Alissa Slade, Historic Preservation Grants Specialist, Department of State, revealed that the MFMHS state reporting is delinquent. • 28 I. Documentation submitted with request for payments not adequate. 1. Documentation of match provided for Check#93105 not adequate. Finding: The first request for payment on the Phase II TDC Grant totaled $313,779.40 and was not received until September 18, 2003. The Clerk's Finance Department only approved $160,624.79 of the total request of$313,779.40. The match provided by the Museum was not adequate therefore, the $160,624.79 had to be multiplied by 50% which totaled $80,312.39. The first check issued by the Clerk's Finance Department for the project was #93105 for $80,312.39 dated November 19, 2003. It always has been the practice of the Clerk's Finance Department to pay 50% of what is invoiced by the Grantee to ensure that the match has been expended if the match documentation is not adequate. The match provided by the Museum for this payment was the Heery International Phase lA Guaranteed Maximum Price contract for $1,474,550 dated February 11, 2003. See Exhibit K - TDC Capital Projects Resubmittal. However, this contract for $1,474,550 was superseded by two smaller GMP contracts. The first one was dated February 13, 2003 for $180,534 (goal of meeting March 15, 2003 completion deadline) and was to complete Phase 1 A Front Entry & Flagpole Guaranteed Maximum Price. The second GMP was dated July 23, 2004 for $827,590 for the roofing and clerestory repairs. See Exhibit L - Guaranteed Maximum Price Proposals. At the time the invoices for $313,779.40 were submitted to the Clerk's Finance Department, Heery International had only been paid $128,677.08 (Mel Fisher CK#067253 dated March 15, 2003) by the Museum and this was submitted for reimbursement by the County. The Museum could not use the GMP contracts as a match because the funds had to be expended to be used as a match and not reimbursed by the County. See Exhibit M - Heery International, Inc. Letter Explaining GMP. The agreement between MFMHS and the BOCC states "Payments for expenditures permissible by law and County policies shall be made through reimbursement to Contractor upon presentation of invoices, canceled checks and other documentation to support a claim for reimbursement. Included in said documentation shall be proof that the Contractor has received and applied to the property matching funds equivalent to or greater than the amount invoiced to the County." TDC internal control procedures for grant expenditures were strengthened on March 8, 2005. Recommendation(s): 1. Policies and procedures in place for documentation of confirmed matching funds should be followed before TDC reimbursements are approved. MFMHS's Response: MFMHS has yet to be supplied, in advance of expenditures, with the documentation procedures for any given grant period. Further, these requirements change during the course of the grant period. For example, County Finance office requests for such items as boarding passes, affidavit of the subject matter with architects on telephone calls, fax 29 logs,telephone calls with subcontractors, etc. were been made after the report was filed. MFMHS required documentation from vendors only in accordance with its knowledge of rules as they stood in the previous grant award. This then caused problems and delays with reimbursements. This lack of a formalized procedure is confusing and can result in applicants being unable to achieve reimbursement for legitimate expenses. TDC's Response: 1. Policies and procedures in place for documentation of confirmed matching funds should be followed before TOC funding is approved. This procedure has been established as per the response to Page 14. 30 2. Documentation to support reimbursement of invoices not adequate. Finding: The documentation submitted for reimbursement of invoices was not complete. For example, with the first invoices submitted only $160,624.79 of the total request of $313,779.40 was initially approved for payment by the Clerk's Finance Department. The numerous reasons that $153,154.61 was originally disallowed for reimbursement are as follows: 1. Copies of contracts/proposals were not provided for services rendered or items purchased such as BW Sprague, Barnes Alarm, and Livingston Electric. 2. The Museum paid an invoice to Livingston Electric for $280 twice (CK #065861 dated March 15, 2002 and CK #066116 dated June 11, 2002. The County was billed twice also but disallowed one payment of$280. 3. The Application and Certification for Payment for Heery International certified by the engineer totaled $115,809.37. MFMHS paid $128,677.08 which included retainage. According to the contract, retainage of 10% is to be deducted from the work completed. MFMHS then, billed the County for the total $128,677.08. The Clerk's Finance Department only allowed the amount certified by the architect of $115,809.37,therefore $12,867.71 was disallowed. 4. The contract provided for the Heery payment was the Phase lA Guaranteed Maximum Price contract for $1,474,550 dated February 11, 2003. However, this contract for $1,474,550 was amended by two smaller GMP contracts. The first one dated February 13, 2003 for $180,534 was to complete Phase 1A Front Entry & Flagpole Guaranteed Maximum Price. The GMP for the $180,534 was not supplied =_ with the documentation. 5. Kha Le-Huu & Partners - the contract referenced this as a task based service contract with individual tasks submitted by the Architect and authorized by the Owner. Copies of the individual tasks were not provided. 6: Reimbursables needed support such as phone logs, airline ticket receipts, boarding passes, explanation of change fees and travel vouchers and were not provided. The issues addressed above were communicated to the TDC and MFMHS during October 2003. See Exhibit N - Grant Spreadsheet for Check #93105. MFMHS did not address any of the additional documentation required until 2005. Some issues are still outstanding such as affidavits certifying travel. Follow-up on requested items in a timely manner would benefit both the TDC and the Grantee. The timing difference between the request for payment and submission of additional documentation creates confusion for all parties to the transactions. Recommendation(s): 1. Reimbursement requests should be complete and submitted in a timely manner. 31 MFMHS's Response: I 2.1 Copies of contracts and proposals from vendors were supplied upon request to the County Finance office. Until the time of the request, MFMHS was unaware that these documents would be required, although they were on hand. I 2.2 Yes. I 2.3 This has already been resolved. MFMHS obtained the required form releasing retainage by all parties and submitted same to the County Finance Office. I 2.4 MFMHS has been repeatedly asked for GMP documents by the County Finance office. These documents, as well as letters from Heery, International explaining the GMP's have been supplied more than once. Some of these letters of explanation appear in this-audit report as Exhibit L and Exhibit M. To state that they have not been supplied is erroneous or unclear. I 2.5 These task orders were provided to the County Finance office following the November 19,2003 meeting in which they were requested. MFMHS had not previously been notified that Task Orders were part of the required documentation.- (See attached exhibit#2) I 2.6 As above, MFMHS was never advised in advance of the expenditures that these specific items would be required. A list of reporting requirements is still not available from the County Finance Office or TDC. • TDC's Response: 1. Reimbursement requests should be complete and submitted in a timely manner. The deadline for receipt of reimbursements requests is included in the Grant agreement approved by the Monroe County Board of County Commissioners (Item 8). 32 J. State Grant SC 237 Project Progress and Expenditure Report Finding• The SC237 Project Progress & Expenditure Report Special Category Grants submitted to the State on April 30, 2004 lists $85,748.82 as total State Grant Funds expended to date. See Exhibit 0 - State Project Progress and Expenditure Report. The TDC was also billed for the same $85,748.82 listed as State Grant expenditures. County check #107656 for $29,660.39 was issued on December 1, 2004. ($85,748.82 was reduced by disallowed items and then multiplied by 50%). MFMHS management certified with the check request that the expenses are accurate and in agreement with the records of this organization's Contract with the Monroe County Board of County Commissioners and the Tourist Development Council and will not be submitted for reimbursement to any other funding source. MFMHS should not bill the TDC and the State for the same expenditures. Recommendation(s): 1. State Project Progress and Expenditure Report should be corrected and filed with the State. 2. All State Progress and Expenditure Reports should be completed as required by the contract with the State. MFMHS's Response: The county auditor, Sandy Mathena, already discussed this with MFMHS staff. At that • time she was told that amended reports will be filed with the State upon clarification of TDC reimbursement issues. Amended reports have been prepared will be remitted to the State by September 20th, 2005. 33 Exhibits Monioa•County Board of County Commis's:ioners • Finance Department c/o Monroe County Tourist Development Council • • P.O. Box 866 Key West, Florida 33041 . • The following is a summary of the expenses for FY 1ov 3 /1 912 4. M pi?°vc &-Av, for the time period of to D c:2,tent/Projjp�tt Title ___ 447 O 6,i?�cNr S7 Check# Payee Reason ' Amount /6()/ Akry A-02414 $ /1":3 -s-99, (A)Total $ /1_3 5-5/V. • (B)Total prior payments $ (C)Total Requested&Paid(A+B) $ (D)Total Contract Amount $ Balance of Contract (D-c) I certify that the above checks have been submitted to the vendors as noted and that the expenses are accurate and i greement with the records of this organization's contract with the Monroe County Board o unty Commissioners and the Tourist Development Council and will not be submitted for r i bursement to any other funding source. Executive Dir or/Evert-P oject ger Date c9 029-0 714 i F.I.D.or Social Security Number ' Attachments (supporting documents) IA tfnn Sworn and subscribed re met day of O f year of(9-O 2 otary Public fr • Stamp I Sawed Tiay?eU•Mumma,Ira+00•36S401^F 1.6. .4 • ,. ',:, 1: $.. -1 ,...7-.1..,.. F. J4.. 4 .. .. • : / / i• .,- • - ' • ••' • . . _ :. • .. - • . . . 4. , • . - . . . .. ' • .. . 1 • ' • ' • • ' • . . • . . • . , - ------------------------------_-------..—....-- . . ... .. . . .. . . ... . - •• ..„- :.. -,. ..... ........ . . . • - '•. • MEL:FISHER MARITIME'HERITAGE SOCIETY, INC. • 1009 - • . (CONSTRUCTION ESCROW FEES): . . . , .260 OREENET STREET. • , KEY.WEST FL:•3t04-0.- • • • • 63:9•2d3/67.-0... .. . . . • • • • ••-)•ev 0- - • ,•• . . i .. . . --- ...2,1,:ai7/. ..<,. • • 1 ..racii . • .-A.-'-'•• ••-• -,.:i• .- •1 •1....'• •••- •q".6kK-1.. filtiV- .. • .. ... 5/7 .. - - •- ,—-••- ..It•y•-•/x1.1...41:- -Afr)----.--:zv :..--- - - . . .S..13:3 i . I 4. '''''' •'\.11.'..-?•• . -14")• • ••- ..H• .:.- "A..:.s.iutiri..:.--. .../.':.:-.....:::...,.•......... .J... ,..-...-...'...-,:::,_.:;-..,.::-.:-. \ `` . • .0./e:::•WV/VAZEO: ..• ' r.• re r.,4,L,...•. b . : , '. 1 ;i0i'r 49 •- J.. .i • -- -. .r .. ... '. %-li •.. 1:)#' : - • • - -..' '. - - --.. \isz'..re ,.;•... - - -- • KEY wpgr--- BA(4c- ' - • --- ..•--..-7.-•,/..../- • MONEY ,ARKET-ACCOUNT ... __. .. . •, • • -- • - /". ..--- : - •• -•- - • -•: F-• 5131,7414.17E1T-EADSTREET . - '• -71.!,;\,!:.-e 11(..... 17-.•• - •. . . •-.. .-... . • . . . . . . • . 1 '• ‘ .•--1)"..L."1 d',.'. .'KEY.WEST.FLORIDA 33040. _ 0 . . • --!.2.21_3.•_..-`N•.. L. - • . . . .• dAtti• . . " .. . • •... .i!-7':'' / .. . , . . - •• • - • .. . • ' • . • -..-.- .• RP -I -• • •'' r.-mid API'iiiirl .. . _ . . : .:11111111111111111..;-- - vaiNIIIIMIIIIP1-.-- 0.11-9-...:. ...,.. . • . .. : .. - : .• .. ...... .•....... ..:..,. . ____. .: •..... .. . • • ._. ...___:....._... " . -. ... ......•-...-... : .... ... . ... .. . . -. .....-. .....•••••••,- .,........+*..-......+•+••••• •-*........ .....•. • • ' • • . • ' . • • . . . . • • • . • • . .. r - . • • 1 • . .• , . • , . , . . . • . . • • • COUNTY 9 . • t i • •�,, �'II� r V' +�, `10�COUIRYt�� CLERK OF THE CIRCUIT COURT MONROE COUNTY BRANCH OFFICE BRANCH OFFICE PLANTATION KEY MARATHON SUB COURTHOUSE MONROE COUNTY COURTHOUSE GOVERNMENT CENTER 3117 OVERSEAS HIGHWAY 500 WHITEHEAD STREET,SUITE 101 88820 OVERSEAS HIGHWAY MARATHON,FLORIDA 33050 KEY WEST,FLORIDA 33040 PLANTATION KEY,FLORIDA 33070 TEL.(305)289-6027 TEL.(305)292-3550 TEL.(305)852-7145 FAX(305)289-1745 FAX(305)295-3663 FAX(305)852-7146 June 30, 2005 • Madeline Burnside Executive Director Mel Fisher Maritime Museum 200 Greene St. Key West, FL 33040 HAND DELIVERED Re: Second Request for Information Dear Ms. Burnside: Thank you for your response but it did not address all of the questions that were listed in our letter. We also did not receive copies of your last two years financial statements. The following questions still require response: A. Heery International Inc. 1. Was the TDC notified that Check #1009 was replaced after the contract ending date with the BOCC? 2. Application #4 was never voided, therefore, Application #5 just continued on with the totals from Application #4. When was the work completed of $170,605 (listed on Application for Payment Continuation Sheet - Column E Work Completed This Period) on Application#4 actually finished? 3. There were no checks that paid the same amounts as requested on Applications 6, 7, and 8? Why were these payments not made in the amounts as requested from the Contractor? 4. There were 5 MFMHS checks totaling $182,022.18 that cannot be identified with an • amount listed on an Application for payment (Check# 1016 - $27,880.59, Check#1015 - $46,009.68, Check #1013 - $55,406.66, Check #1012 - $27,725.25, Check #1011 - $25,000). How were the amounts to be paid on the 5 checks listed above determined? Please provide a reconciliation of these payments to the proper Application and Certification for Payment? 5. Application # 3 was paid by MFMHS on check #1007 dated 09/30/05 for $18,000 . This was submitted for payment to the TDC in the second grant or Phase III. It did not clear the bank until 2/23/2005. Why wasn't this check negotiated until 2/23/05? When did MFMHS provide it to Heery International, Inc.? 6. MFMHS check #1008 dated 09/30/04 totaled $45,412.56. This check did not clear the bank until 11/22/04. Why wasn't the check negotiated until 11/22/04? This was the same invoice used for Application # 3 but the retainage of$45,412.56 was circled and paid by MFMHS. This was submitted for payment in the first BOCC grant Phase II. 7. Application # 6 lists the period to date as 2/10/05 on the certification page and the period to date on the Continuation sheet as 12/15/04. There is no work completed this period but the Contractor requests $38,202.83 and increases retainage by $4,244.76 on the Certification page. Application #6 lists retainage as $69,009.68 on the certification page and $2,000 on the Continuation Sheet. Why did the contractor request additional funds if no work was completed during the period? 8. Application #7 also lists the period to date as 2/10/05 on the Certification page. Why were there 2 certifications for payment issued on the same date? B. Staples & Charles LTD 1. Check#1006 dated 9/29/04 for$30,197.50 to Staples and Charles was reissued on check #069743 on 2/22/05. Check#69743 cleared the bank on 3/3/05. Please send us a copy of the voided check and the general ledger/journal entry where it was recorded. Why was the check voided? The original check #1006 was submitted to the TDC for payment in grant #2 Phase III. Was the TDC notified that Check #1006 was replaced after the contract ending date with the BOCC. C. Kha Le Huu 1. Checks numbered (05324 dated 9/15/04 $2,175.71, 05325 dated 09/15/04 $4,699.20, 05326 $6037.95 dated 09/27/04) were replaced on February 22, 2005. One check, # 69744 was reissued totaling$12,912.86 to replace the 3 checks that were voided. Check #69744 cleared on 03/02/05? Was the TDC notified that Checks were replaced after the contract ending date with the BOCC? The 3 checks were billed to the TDC and paid on County check#107656 dated 12/01/04. Please provide copies of the voided checks, the reissued check and the general ledger/journal entry where it was recorded. Please provide written documentation by July 8, 2005. If you have any questions please call me at 305-292-3591. Thank you. Sincerely, Gz..) 1)-td, 01-(thAA Sandra L. Mathena, CIA, CFE, CPA Director of Internal Audit Ir I, Page 1 of 2 Pam Sellers From: "Madeleine Burnside" <mburnside@melfisher.org> To: <psellers@monroe-clerk.com> Sent: Wednesday, June 29, 2005 3:36 PM Subject: TDC Grant Dear Pam, Tried to email you earlier but I had your address slightly worng--please let me know that you got this. We looked over your questions and discussed the answers with Heery, since the whole thing has become rather confused. I have supplied a narrative answer which I think covers all three issues. Check #1009 was written to Heery in the amount of$153,544.47 on 10/28/04 and they were advised by the museum's accounting department that - it was ready for pick-up. By then, their habit was to come in person to pick up the checks at their convenience from the accounting department's out box. The accounting department proceeded to finalize the paperwork regarding this transaction for the TDC and delivered it, as required. Around this time, Heery realized that they would be able to pass considerable savings on to the museum because the contract was going to come in roughly $80,000 below the original estimate. They reformatted some of their existing bills and passed them on to the museum in subsequent pay orders. On research, unfortunately no one either at the museum or in the Heery office remembers the details of why this was done this way at this time, and the museum senior staff still thought that a Heery representative had picked up the $153,544.47, when in fact their envelope had been filed by this time by the accounting clerk, who was tidying up and did not know the contents of the envelope. All of the work in pay order #4 was completed, but this was by no means the last payment anticipated by the museum. Other work continued that fell outside the time-period of the grant due to the delays caused by the hurricanes, etc. As your memo indicates, pay order #4 was never voided and #5 simply continues on. This furthered the idea that the $153,544.47 payment was in place. The museum continued to pay on these orders but did so as funding appeared to be available and therefore the museum staff did not think 2/11/1 1(1G Page 2 of 2 that sufficient money remained in the bank account to pay the full amounts, but awaited TDC and state reimbursements and/or borrowed from the operating funds to make payments that Heery was now requiring for past work. It was not until the project drew to a close that museum and Heery staff sat down and went over the bills to see what was paid and what was still outstanding. By then there were numerous other issues, including a discount for contractor damages to the museum's courtyard that further changed the outstanding balances. Unfortunately, at that time, these alterations were not cross-referenced with the previously submitted TDC paperwork and it was not noticed that the uncollected $153,544.47 might pose a problem. Please let me know if this all makes sense to you or if you have any further questions. Sincerely, Madeleine If success were guaranteed, what might you attempt? Madeleine H. Burnside, Ph.D. Executive Director Mel Fisher Maritime Museum, Key West FL 33040 305-294-2633 ext.11 Do you want to know more about the Mel Fisher Maritime Museum in Key ' West, Florida ? Click here to visit our website http://www.melfisher.org 8/12/2005 1 , ADDITIONAL RESPONSES TO INQUIRIES Sandra Mathena, Director of Internal Audit Delivery via e-mail July 11, 2005 1. MFMHS did not notify the TDC of subsequently voided checks or their replacements. 2. Pay application#4 was not voided.Work billed on pay application#4 was completed. 3 &4 As stated in the previous memo,funds were issued to the contractor either in amounts agreed upon by MFMHS and Heery International and/or based on funds available to MFMHS. This was dependent on TDC and State reimbursements up to the date that payment was requested. The museum did everything possible to expedite payments and to pay in full where possible. A spread sheet itemizing how Heery distributed these funds across the pay orders is attached. 5. According to Heery,checks traveling between the Heery Monroe County field office and Atlanta head office take a variable amount of time to be processed. Checks are not deposited in Monroe County. When MFMHS undertook the process described below(section B&C, question 1)it was discovered that check# 1007 was filed in the museum's folder in Atlanta. The check was then promptly processed by Heery after the discovery. 6. As above,checks traveling between the Heery Monroe County field office and Atlanta head office take a variable amount of time to be deposited. Retainage is always held out by the client until all details are completed—this includes very minor items, such as repairs to bricks in the museum's courtyard or the removal of manufacturer's stickers from the clerestory windows. These details do not affect work quantity but do affect final quality. Reimbursement for retainage cannot be submitted until the punch list for that pay order is complete—but it is not additional or itemized work. Pay order#3 is not a duplicate pay order. 7. Pay application#6 was for work completed in the amount of$42,447.59(see pay order#6, page 2, column E)less retainage. A duplicate pay application#6 and all backup was provided to your office in our last hand-delivered package to your office. Another copy is attached to this reply. 8. Pay application#7 releases some,but not all,retainage to that specific point of the project. The amount released in pay application#7 is independent of any work completed and billed on pay application#6. It is retainage only. SECTION B &C, Question 1 In the usual course of business our accounting department periodically notices vendors of outstanding checks to ascertain if they have received our payment or if they still show invoices as open. Vendors with invoices showing as open,are issued replacement checks; where vendors show invoices as satisfied they are not issued replacements. Monies not replaced inure to the benefit of MFMHS. The Staples&Charles and Kha Le Huu checks were lost either in the mail or by the vendor,thus there are no physical voided checks to photostat. MFMHS did not notify the TDC of the issuance of replacement checks. If there are any additional questions,please contact us without delay. Check to pay order concordance--MFMHS to Heery International Pay App Number Pay Application Value Check# Check Amount 1 $119,473.20 $119,473.20 2 $271,239.88 $271,239.88 3 $18,000.00 Not Negotiated--Credit Given on Pay app#9 4 $153,544.47 $45,412.56 $25,000.00 $2,772,500 $55,406.91 5 $20,626.75 1014 $20,626.75 6 $38,202.83 1016 $15,734.60 7 $64,009.78 1007 $18,000.00 1015 $46,009.68 8 $15,456.78 1016 $15,456.78 9 ($18,000.00) Credit for Pay app 3 10 $0 $0.00 Applies savings of$145,036.41 $682,553.69 $660,085.36 Total Still Due $22,468.33 (From pay app 6) HEERyTransmittal Cover Sheet Detailed, Grouped by Each Transmittal Number -- International Inc. • • • Mel Fisher Roof Project# 0227102 Tel: Fax: Heery International,Inc. Date: 10/27/2004 Transmitted To • Reference Number: 0035 Kha Le Huu Transmuted By Kha Le-Huu&Partners, PA Eric Pelinsky 4411 North Orange Blossom Trail Heery International, Inc. Orlando, FL. 32804 1625 Dennis Street Tel:407 822 8009 Key West, FL 33040 Fax:407 822 8005 Tel: 305-293-3008 0 Acknowledgement Required Fax:305-292-0580 — Package Transmitted For • Delivered Via Tracking Number • Item# Qty Item Reference Description Notes I Cc: Company Name Status Contact Name Copies Notes . • • _H Remarks Attached per the owner direction is a projected blling for the remainder of the project. The billing Includes a contingency expenditure forthe November scaffold rental and costs to scaffold building as we planned on using a lift but this does not seem to be possible. The Nov. rental(s listed their contract and the additonal scaffolding is listed on the Safway the opposite side of the quotation. as a change order to Please return the copies to the Museum. • Thanks • • • • • Signature to z .1g Manager Printed on: 10/27/2004 Atlanta CM Signed Date HEERY . Transmittal Cover Sheet Detailed, Grouped by Each Transmittal Number International Inc. . • • • Mel Fisher Roof Project# 0227102 Tel: Fax: Heery International,Inc. Date: 10/27/2004 • Transmitted To. Reference Number: 0037 Transmitted By. Melissa Kendrick Mel Fisher Maritime Heritage Society Inc. Eric Pelinsky 200 Greene St. Heery International, Inc. Key West, FL. 33040 1625 Dennis Street Tel:305 294 2633 Key West, FL 33040 Fax:.305 29415671 Tel:305-293-3008 Fax: 305-292-0580 ❑ Acknowledgement Required Package Transmitted For Delivered Via Tracking Number Item# Qty Item Reference Description Notes Status Cc: Company Name Contact Name Copies Notes • . Remarks l Attached per your request is the projected billing for the remainder of the project. _ The General Conditions spent to date is$14,968 billed this month. The original$25,375 collected on pay application 1 will continue to be expended and any funds remaining will be returned to the Mel Fisher Maritime Heritage Society inc. The pay application also includes an expenditure in the contingency category,these funds are for Nov.scaffold rental ($8,400 see Safway contract invoice)and scaffolding for the opposite side of the building ($19,016). Again if these funds are not completely expended the funds will be returned to the Museum. Please initial your acceptance • • nature Signed Date • Prolog Manager Printed on: 10/27/ 004 Atlanta CM Page 1 Ile, IA liWiic:Emu Document G702 - 1992 .,-,NN\ Application and Certificate for Payment „\\, , TO OWNER: PROJECT: APPUCATION NO: `� Distribution to: Mel Fisher Maritime Heritage Society Mel Fisher. Roof �•. p 200 Greene St. PERIOD TO: OWNER 0 0 r Key West FL 10/29 m CONTRACT FOR: ARCHITECT ❑ x FROM CONTRACTOR: VIA ARCHITECT: CONTRACT DATE: CONTRACTOR ❑ -9 Hem International Inc. Kha Le Huu&Partners 999 Peachtree St.N.E. 4411 North Orange Blossom Trail PROJECT NOS: / / Cl Atlanta GA Orlando FL. FIELD ❑ c 71 OTHER ❑ —I CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor certifies that to the best of the Contractor's knowledge, information Application is made for payment,as shown below.in connection with the Contract. and belief the Work covered.by this Application for Payment has been completed in accordance Continuation Sheet for Document G703,is attached. with the Contract Documents, that all amounts have been paid by the Contractor for Work for / which previous Certificates for Payment were issued and payments received from the Owner,and 1.ORIGINAL CONTRACT SUM $ 827.590,00 V that current payment shown herein is now due. 2.Net change by Change Orders $ 0.00 CONTRACTOR: 3.CONTRACT SUM TO DATE(Line l ±2) $ 827.590.00 i • BY: � m Date: l(' �'/ N 4.TOTAL COMPLETED&STORED TO DATE(Column G on G703) $ 624,730.61 1/ State of: ccQa, m LORRAINE H.PHELPS 2 ►' 5.RETAINAGE: County of: f(oj#t e. a. %of Completed Work Subscribed and sworn to before i ° r'r r. E Urit) (Column D+Eon G703) $ 62,473.06 ✓ me this of OC/ D =�•c,� 4aaed ihnr teppyt� %of Stored Material 1 ,.,','�%w""„N�„ F + � Aoait,Yrc (Column F on G703) $ 0.00 Notary Pu rr— /�/ sail. ' My Commission xpires: Total Retainage(Lines 5a+Sb or Total in Column I of G703) $ 62.473.06 7 1y 0 f 6.TOTAL EARNED LESS RETAINAGE $ 562,257.55 / ARCHITECT'S CERTIFICATE FOR PAYMENT (Line 4 Less Line 5 Total) In accordance with the Contract Documents.based on on-site observations and the data comprising g • 7.LESS PREVIOUS CERTIFICATES FOR PAYMENT $ 408.713,08 this application,the Architect certifies to the Owner that to the best of the Architect's knowledge. information and belief the Work has progressed as indicated. the quality of the Work is in N (Line 6 from prior Certificate) accordance with the Contract Documents. and the Contractor is entitled to payment of the - 8.CURRENT PAYMENT DUE $ 153.544.47 AMOUNT CERTIFIED. N 9.BALANCE TO FINISH,INCLUDING RETAINAGE AMOUNT CERTIFIED $ i�•,h Se.(L j,L/ ! N (Line 3 less Line 6) $ 265,332.45 (Attach explanat n if aunt certified diff s fr the amount applied. Initial all figures on this N Application a n h ntinuation She tha changed to conform with the amount certified.) (lo CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS ARCHITECT: 3 Total changes approved in previous months by Owner $ 0.00 S 0.00 By: Date: .10/12§/t_ -o. Total approved this Month $ 0.00 $ 0.00 TOTALS $ 0.00 $ 0.00 This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor e named herein.Issuance,payment and acceptance of payment are without prejudice to any rights of N ` SI NET CHANGES by Change Order $ 0.00 the Owner or Contractor under this Contract AlA Document G702T"—1992.Copyright 01953,1963,1965,1971,1978,1983 and 1992 by The American Institute of Architects.All rights reserved.WARNING:This AIAs Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA" Document,or any portion of it,may result in severe civil and criminal penalties.and will be prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright@aia.org. . , , i St.)14-gt:AfDocument G7O3 - 1992 , , J Continuation Sheet 1 1 AIA Document G702,APPLICATION AND CERTIFICATION FOR PAYMENT, APPLICATION NO: 004 containing Contractor's signed certification is attached. APPLICATION DATE: In tabulations below,amounts are stated to the nearest dollar. 10l26/2004 mayr Use Column I on Contracts where variable retainage for line itemsapply.. PERIOD TO: g PP Y 10/29/2004 m ARCHITECT'S PROJECT NO: x o A B C D E F G H I - WORK COMPLETED 0 MATERIALS TOTAL BALANCE PRESENTLY COMPLETED RETALNAGE C SCHEDULED FROM PREVIOUS % TO Zx1 ITEM DESCRIPTION OF WORK STORED AND STORED (IF VARIABLE NO. VALUE APPLICATION THIS PERIOD (NOT IN TO DATE (G_C) FINISH RATE) (D+E) D OR E) (D+E+F) (C-G) 001 Contaminated Materials Abatement 48,250 ✓ 45,250✓ 0 0 45,250 V 94 3.000 oh 4,525 002 Demolition 8.000 ✓ 0 0 0 0 0 8.000 1' 0 003 Roofing and Moisture Protection 440,970 � 299.7611 87,316 0 387.077 t� 88 53,893 ✓ 38.708 m 0 004 Alumnium Clad Windows(Celestory 58,870✓ 0 13.500 0 13,500 ✓ 23 45,370 1, 1,350 N Only) 0 / I-, 005 Mechanical 20,000 V 20.000 0 0 20,000 s 100 0 2,000 �' / v 006 General Conditions 101.500 `✓ 25,375✓ 14.968 0 40,343 Y 40 61,157 4.034 -Iui s 007 Scaffolding and Pedestrian 50.000 ✓ 40.240 5.905 0 46,145 t' 92 3,855✓ 4.614 Protection 008 Contingency 50,000✓ 0 27,416 0 27,416 t/J' 55 22,584✓ 2.742 009 CM Fee 50,000✓ 23,500✓ 21,500 0 45.000 90 5.000 / 4.500 0 m ti N ti 0 . (n N N (D '0 3 m 0 0 _` 827 910 45j26 170,605 0 624,731 7 202, 59 62,473 N • CAUTION:You should sign an original AlA Contract Doc ent,on which thi text appears in RED.An original assures that changes yvfII not be ob cured. ALA Document G703",—1992.Copyright®1963,1965,1966,1967,1970,1978,1983 a 1992 by The Americ41,Institute of Architects.All rights reserved.W NING:This AlA"Document is gtected by U.S.Coilght ` Law and International Treaties.Unauthorized reproduction or distribution of this AlA°Document,or any portion of it,may result in severe chili and criminal penalties,and will be prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AlA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright@aia.org. HEERY July 20, 2005 • Sandra L. Mathena Monroe County Clerks Office "oaecturB Internal Audit Department Construction Management Engineering P.O. Box 1980 Graphic Design Key West FL. 33040 • Interior Design Program Management RE: Mel Fisher Maritime Heritage Society Strategic Facilites Planning Dear Ms Mathena: • I am writing in response to your letter of June 30, 2005 regarding the above referenced project. I apologize for the delay in getting you this package but some of the information was in Atlanta and some in our Marathon office. 1. Attached are copies of all pay applications from the project. 2. The cancelled checks are also attached to each pay application. The reconciliation which lists each pay application and amount collected is also provided. We cannot accurately identify when all of these checks were processed since they were typically picked up by hand from MFMHS and then either carried or sent via Fed Ex to Atlanta. 3. All of the work associated with pay application #4 was completed by 10/29/04 with the exception of the final installation of all the cornice. Prior to that date material was present on the roof and being fabricated to fit. The value of the entire cornice work, materials and labor, is $66,374.00, as shown on the roofing contract invoice (C&H Roofing). Approximately 20% of the cornice was completely detailed and in place on the roof at this time, with the balance being in various stages of completion. In response to the question you asked on the phone Monday regarding Pay Application 8, we have not been able to locate a copy signed by Kha Lee Hu Architects. Our standard practice was to send duplicate copies of our pay applications to both MHMHS and the architect in order to expedite payment. Mr. Hu would then sign and fax a copy to MFMHS for their records. As I said before I regret we are a little late but a combination of two offices and one hurricane combined to delay us a few days in responding to your letter. Please contact me directly if we can be of any additional assistance. Sincerely Heery Initernational, Inc. Niels-Iubbell Vice President Heery International,Inc. A group of professional service practices 675 35"Street•Gulfside Marathon,Florida 33050 Telephone 305-289,5787 Fax 305 289 5669 ATLANTABALTIMORE BEM OR BERLIMSTDNCENTRENLIE VAOFMAGOCLEVELAfDner I AA[EM,S:MI: lACH HOUSTON LO DON LOS ANGElES MADRI D fsASHURIE NEW YORK NPNARK,NJ Ff 4PD9JPaA Fa6T UND PAID 3H WNW SANDE03 SEATRE SRdNGflELD.M4TAMPAWASHNGrON,DO � I Check to pay order concordance -- MFMHS to Heery International Inc. Pay Application Pay Application Value Check# Check Amount 1 $119,473.20 1001 $119,473.20 2 $271,239.88 1005 $271,239.88 3 $18,000.00 $0.00 Note 1 4 $153,544.47 1008 $45,412.56 1011 $25,000.00 1012 $27,725.25 1013 $55,406.66 5 $20,626.75 1014 $20,626.75 6 $38,202.83 1016 $15,734.60 Note 2 7 $64,009.78 1007 $18,000.00 1015 $46,009.68 8 $15,456.78 1016 $12,145.99 Note 3 { 9 -$18,000.00 Note 4 10 $0.00 - Note 5 $682,553.69 $656,774.57 Balance Due Heery $25,779.12 Note 1: Billing for mechanical contractor to install louver and frame. Louver support framing and installation performed by roofing contractor not mechanical, credit for labor applied back in application#9 Note 2: Check 1016 value$27,880.59-$15734.60 booked against pay app 6 Note 3: Balance of check 1016 booked against#8 Note 4: Credit for mechanical installation billed and not required. Note 5: Reconcilation of contract amount to actual cost. Savings acrued to MFMHS of$145,036.31 7/21/2005 • • q. MEL FISHER MARITIME HERITAGE SOCIETY, INC. 1008 (CONSTRUCTION ESCROW FEES) 200 GREENE STREET 63-9203/670 KEY WEST,FL 33040 °II SO)04 -Om $ I P1 tie: 0 MONEY MARIA(iiiere VNT IrWESTBANK !).A ICEY wart;FLORIDA 33010 s•tq: ; rotibdi" /008 fl • • • • Rug 25 05 09: 56a p. 2 MEL FISHER MARITIME HERITAGE SOCIETY, INC. 1011 • (CONSTRUCTION ESCROW FEES) • 200 KEY STREET , u �3S 0 63-9203/670 KEY WEST,FL 33040 D � • at 77r 9 /O ; • l h, ',. i.z S A C - I $ 2:-S c. G`Z� e ° ONEY M KEf ACCOUNT �,; rmrgr EADsrnffr KEywrsrsANK :�j�, '•' wrsr.Fwr+wmow .. ' . � !/ I. 1: Lo L L 1'oo0 2 500000," • MEL FISHER MARITIME HERITAGE SOCIETY, INC. 1012 (CONSTRUCTION ESCROW FEES) N,�P/_,kv110 • e3 eza3/6�o KE GREENE ST3 40 . 9f�''�"' // ! //, KEY WEST,FL 33040 0 -- y%li, f_ /re7 / /A}re-jethe v,� ' 1 $ 77as — `ia/r,hta cfere,i / dHs&fen •f�� ° j W3:.... o ' ` MONEY MARKETS jT UNT • V••• ,/ (0:4 , aif..jiy, IErW6T.FtQYDA333•2 .. _ Lo 1 2 CLERK OF COURT 305289174E 08/24/0S 12:37pm P. 001 05 10: 57a P• 2 - MEL FISHER MARITIME HERITAGE SOCIETY, INC. 1013 (CONSTRUCTION ESCROW FEES) 200 GREENE STREET 44/ ss-02osrs7o KEY WEST,FL-33040 �� /2 QG � '. /h .- y //i4%��£'/l447e1" /40 .1 . I sY J�6",`/p‘66 /5il2/T c' tP_3.4. ry/.'11t.1d/12p7. i i d - /'s XJ�C pa LJ* : a ;;ar, MO EY MA;KET %'UNT +(1r}Wi1; IO✓YWESTB1NK 4L4/ 1 .! •,4,7:Y. KEY west PwwoAxv40 . (04*-- /DC3 47 „ , ., „/,/ ,e- . i ,,,,,0\ A AP ,;111111111111,�; IIIIIIIIIIIIIIIr LO 13 m 0❑ L,O 66.1' MEL FISHER MARITIME HERITAGE SOCIETY, INC. 1014 (CONSTRUCTION ESCROW FEES) 200 GREENE STREET 63-9203/670 KEY WEST,FL 33040 CG 2/ Zoo` ' rw< • r.0417 EE,e �iv7EQ/I/4ri o� �. I/vc I $ o?O f.?6 s 4. t /. 4c1/11 nJarata � c3/X'li4it/0. 921 51_x.'•Xx L_I • g;";° „'i:_:, MONEY MAR °COUNT r • MEL FISHER MARITIME HERITAGE SOCIETY, INC. 1015 (CONSTRUCTION ESCROW FEES) I 200 GREENE STREET KEY WEST.FL 33040 �. Z/S a c 83-9203r670 ' 0,v. /� "'cY4 r��.✓,fTo,t44.4, • 1 $ ,`ooI 6a SJ v L17if i1 jilG �[o•�++5 Av.,;�`131 : MONEY MARKS COUNT -_, `j=tires.. i M1( ' qs 1j,,' �rWEBT,PWNOA X1C:. ./ li)11/116.,----" - G60i I I; LO L5 .i`D■ ■ ;. 60968, • MEL FISHER'MARITIME HERITAGE SOCIETY, INC. 1016 (CONSTRUCTION GFIEE ESCROW FEES) 20KEY WEST,FL 33040 � 1i7-•OOS s392o31s7a 0.� 3. 1 ( ' ,..• ( n6 � N e�� rrii . 1 $ V---7g'ftO.€.3- MONEY MAR • ACCOUNT • 4V KEY WW1,E0RIDA 33°40 _ 17.7.1y, /iiierilli • m. I" .LOIL6 • • • 788059e" r • I '• MONROE COUNTY FY 2004 BOARD OF COUNTY COMMISSIONERS M AUDIT SLIP Vendor e ) (--c s hc•Y Invoice # r� Flp • Invoice Date ' 9/50/ RECEIVED r • Invoice Amount /60OQ oa • +und / (Optional) (Optional) Cost Ctr Account # • Project# Project Acct • Amount • 7 /O`er/ 6`30..ek /.57 M44.31 SO 34,7C) /�000 iescription (Opt) . escription (Opt) • • Description (Opt) • • 1 zcription (Opt) • • , cription (Opt) • • •c iew Signature Date eview Signature Date p._;rove to S5,000 Signature • Date • )1 to $10,000 Signature Date , • D,001 to S25,000 Signature Date i 5,001 & greater BOCC Approval ' t Only one invoice per audit slip, please!! •• BOCC Depts complete all areas. Invoice # must be the invoice number from the vendor's invoice • Mori me.County Boai d of County Commissioners Finance Department . Go Monroe County Tourist Development Council P.O. Box 866 Key West, Florida•33041 The following is a summary of the expenses for FY 2-o03 4i2 11 T 4- �/1At P&0� vent/Pro Title for the time period of Oy to 9/Z1/oy Co0 6EEEN6 Sr Check# Payee Reason ' Amount ' Ioo7 /Aeiy k rL • y��G $ � am— . $ $ $ $ at,iiao �' (A)TOtal. (B)Total prior payments $ (C)Total Requested&Paid(A+B) $ (D)Total Contract Amount $ Balance of Contract (D-C) $ I certify that the above checks have been submitted to the vendors as noted and that the expenses are accurate and in agreement with the records of this organization's ract ith the Monroe County Board of County Commissioners and the Tourist Develop e o ncil nd 'II not be submitted for rei ursement to any other funding source. Executive Director/ vent-Project Manager Date ±! ± uments) , i v¢., Stanley J. Cottner Sworn and subscribed before me this co day of Cy year of ZOo ;''e Commission#DD341713 Y i{r L F Expires August 20,2008 4, ,its% IMMOTMrPIM-Mame&fine.1047ES-7019 Notary Public • 1, Notary Stamp I I • • • • • • C • • MEL FISHER MARITIME HERITAGE SOCIETY, INC. 1 007 (CONSTRUCTION ESCROW FEES) 200 GREENE STREET KEY WEST,FL 33040 63-9203/670 1,01 011 'ark, •, 00 4e6gY $ IT 40004-"- \ titakeer16-triA101(54444:';07,40''' WA^\-.0.•••• •••:-• ‘1.-% MONEY : ET ACCOUNT 15E0 WESTBANK A ).A KEY mgr.FLORIDA33010 00eirsame 04 # Atilt. 0 Looliorr • • • 1 .API-LICA N 2:1D•cc'R r *riCAi t FOR PAYMENT AIA DOCUMENT G702 (Instructions on reverse side) PAGE ONE OF PAGES TO OWNER: Mel Fisher Maritime Heritage Society Mel Fisher Roof 200 Greene St. PROJECT: APPLICATION NO.: 003 Distribution to: Key West FL. PERIOD TO: 9/30/2004 ❑ OWNER PROJECT NOS.: ❑ARCHITECT Heery International Inc. Kha Le Huu&Partners ❑ CONTRACTOR FROM CONTRACTOR: 999 Peachtree St.N.E. VIA ARCHITECT: 4411 North Orange Blossom Trail CONTRACT DATE: ❑ Atlanta GA Orlando FL. CONTRACT FOR: . CONTRACTORS APPLICATION FOR PAYMENT The undersigned Contractor certifies that to the best of the Contractor's knowledge,infor- mation and belief the Work covered by this Application for Payment has been completed Application is made for payment, as shown below, in connection with the Contract. in accordance with the Contract Documents, that all amounts have been paid by the Continuation Sheet, AIA Document G703, is attached. Contractor for Work for which previous Certificates for Payment were issued and pay- 827,590.00 ments received from the Owner, and that current payment shown herein is now due. 1. ORIGINAL CONTRACT SUM $ 2. Net change by Change Orders S 0.00 CONTRACTOR: 827,590.00 2..el 3. CONTRACT SUM TO DATE (Line 1 ± 2) $ By: Date: 9/1e/O¢ 4. TOTAL COMPLETED & STORED TO DATE $ 454,125.64 State of: (Column G on G703) County of: M tan.14- 5. RETAINAGE: 45,412.56 Subscribed and sworn to before j, a. % of Completed Work $ me this �• day of (k _ (Columns D + Eon G703) 0.00 +••"aj� MIME M.DAYS b. % of Stored Material $ •• Waage E�.12117/04 (Column F on G703) Notary Public:"� n(-,. 1 Ii'(j1�Q) �(' � 7� Total Retainage (Line 5a + 5b or 45,412.56 My Commission expires: /2/i Z1o� J'�s1ARi�'�101"II Total in Column I of G703) $ • 6. TOTAL EARNED LESS RETAINAGE : 408,713.08 • (Line 4 less Line 5 Total) ARCHITECT S CERTIFICATE FOR PAYMENT 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT 390,713.08 In accordance with the Contract Documents,based on on-site observations and the data (Line 6 from prior Certificate) $ comprising this application, the Architect certifies to the Owner that to the best of the Architect's knowledge,information and belief the Work has progressed as indicated, the 8. CURRENT PAYMENT DUE $ 18,000.00 quality of the Work is- :...w,, .Il Diu,Luc t,uuuau r,u nts,and the Contractor is entitled to payment f • .• •. • :'•,,' .1 4'r ; ' .•"er 9. BALANCE TO FINISH, INCLUDING RETAINAGE 418,876.92 'f fa., l' 0 Ap r 3 (Line 3 less Line 6) $ AMOUNT CERTIFIED ? ' t. �� 1+ I l��,da (Attach explanation if ~ •'`. ' . 1, ./' r••.•,); : unt applied for Initial CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS all figures on this Ap leua,Jn u, Lin &beZ vs. , cs ,{ ,, 'et that are changed to Total changes approved in conform to the amount certi ' .) r Ve-,f`A_ La— previous months by Owner 0.00 0.00 ARCHITE � Total approved this Month 0.00 0.00 By: l)� Date: 1 TOTALS 0.0t1 0.00 This Certi kale is not egotiable lit AMOUNT CERTIFIED is payable only to the Con- NET CHANGES by Change Order 0.00" tractor named herein. Issuance, pyment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. tpAIA DOCUMENT G702•APPLICATION AND CERTIFICATE FOR PAYMENT• 1992 EDITION•AIA° • ©1992 •THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW, WASHINGTON, D.C. 20006-5292 • WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution, G702-1992 emu CAUTION:You should use an original AIA document which has this caution printed in red.An original assures that changes will not be obscured as may occur when.r.,.......e..•e,...-- - -----i __I �----� -I --_ -- --� - - - - --) CONTINUATION SHEET AIA DOCUMENT G703 (Instructions on reverse side) PA OIF PAGES AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing Contractor's signed Certification, is attached. APPLICATION N(�p3 In tabulations below, amounts are stated to the nearest dollar. APPLICATION DAT9/29/2004 Use Column I on Contracts where variable retainage for line items mayapply. PERIOD Te30/2004 a PP Y ARCHITECT'S PROJECT NO.: A B C D I E F G H I WORK COMPLETED MATERIALS TOTAL • ITEM SCHEDULED PRESENTLY COMPLETED BALANCE RETAINAGE NO. DESCRIPTION OF WORK FROM PREVIOUS % TO VALUE STORED AND STORED (IF VARIABLE) APPLICATION THIS PERIOD (NOT IN TO DATE (G _ C) FINISH RATE) MIContaminated Matenals Abatement- 4t1,L5U U0 J 4b,25p UU D OR E) (D+E+F) (C -G) 0� 0.130 45,250.00 93.78 3,000.00 4,525.00 J02 Demolition 8,000.00 0.00 0.00 0.00 J03 Roofing and Moisture Protection0.00 0.00 8,000.00 0.00 440,970.00 299,761.00 0.00 0.00 299,761.00 67.98 141,209.00 29,976.10 D04 Alumnium Clad Windows(Celestory 58,870.00 0.00 0.00 pnly) 0.00 0.00 0.00 58,870.00 0.00 D05 dechanical 20,000.00. 0.00 20,000.00 006 :�erleral Conditions 0.00 20,000.00 100.00 0.00 2,000.00 101,500.00 25,375.00 0.00 0.00 25,375.00 25.00 76,125.00 2,537.50 007 Scaffolding and Pedestrian 50,000.00 40,239.64 0.00 rotection 0.00 40,239.64 80.48 9,760.36 4,023.96 008 contingency 50,000.00 0.00 0.00 0.00 0.00 0.00 50,000.00 0.00 009 :',M Fee 50,000.00 23,500,00 0.00 0.00 23,500.00 47.00 26,500.00 2,350.00 • • • 827,590.00 434,125.64 20,000.00 0.00 454,125.64 54.87 373,464.36 45,412.56 {111 AIA DOCUMENT G703•CONTINUATION SHEET FOR G702 • 1992 EDITION•AIA, • ©1992 •THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK y AVENUE,NW,WASHINGTON,D.C.20006-5292•WARNING:Unlicensed photocopying violates Us.copyright laws and will subfect the violator to legal i Pn. G703-1992 CAUTION:You should use an original AIA document which has this caution printed in red.An original assures that changes will not be obscured as may occur when documents am reproduced. • HEERYContract Invoice Detailed, Grouped by Each Number International Inc. • • Mel Fisher Roof Project# 0227102 Heery International, Inc. Tel: Fax: Invoice Date: 9/25/2004 Contract No: MFMM -Heery Invoice No: 001 To General Contractor: From Contractor: HEERY Via Architect: Nha Le Huu&Partners INTERNATIONAL 999 Peachtree Street, 4411 North.Orange NE Blossom Trail Atlanta,GA 30309 Orlando FL. Contract For: Period Number: 07 Period To: 10/1/2004 Contract Invoice Summary - 1. Original Contract Value 20,000 00 2. Net Change by Change Orders 0.00 3. Contract Value To Date 20,000.00 4. Total Completed Stored To Date 20,000.00 5. Completed Work Retainage 2,000.00 6. Stored Material Retainage 0.00 7. Total Retainage 2,000.00 8. Total Earned Less Retainage 18,000.00 9. Less Previous Certificates For Payment 0.00 10. Current Payment Due 18,000.00 11. Balance To Finish, Including Retainage 2,000,00 Contractor Signature: Change Order Summary Additions Deductions By: Date: Total changes in previous months 0.00 0.00 Total approved this month 0.00 0 General Contractor Signature: .00 Totals 0.00 0.00 By: Date: Notary Signature: Net Changes by Change Order 0.00 By: Date: Prolog Manager Printed on: 9/28/2004 Atlanta CM Page 1 , _ . _ _ _ HEERY Contract Invoice International Inc . Detailed Sheet Mel Fisher Roof Project# 0227102 Tel: Fax: Heery International, Inc. Contract No: MFMM -Heery To Company: Application No: 001 From Company: HEERY INTERNATIONAL Application Date: 9/25/2004 Period To: 10/1/2004 Item Category Description Scheduled Previous Work Work This Material Total Stored Total Percent Balance To No ID Value And Material Invoice Installed Material Completed Complete Complete Total lue Installed This Invoice P Value 001 HVAC Louver Material g 0pp 00 Value 002 0.00 8,000.00 0.00 0.00 HVAC Louver Labor 12,000.00 e 100.00 0.00 0•00 12,000.00 0.00 0.00 200.00 12,000.00 100.00 0.00 1,200.00 Totals: 20,000.00 0.00 20,000.00 0.00 0.00 20,000.00 100.00 0.00 2,000.00 • Prolog Manager Printed on: 9/28/2004 Atlanta CM Page 1 Monroe County Board of County Commissioners • . Finance Department c/o Monroe County Tourist Development Council P.O. Box 866 Key West, Florida 33041 The following is a summary of the expenses for .F10000/ /e✓aAC g1Mp,e0vem EA)T$ for the time period of 8///d y to 9/l3v o 4i : Eve nt/Proe t T to Check# Payee • Reason Amount look keep, bur toe- $ y.fg1i�• vAc Aj000 f6 $ RooF 4. /3,t{I-2 $ (A)Total (B)Total prior payments $ (C)Total Requested&Paid(A+B) $ (D)Total Contract Amount $ $ • Balance of Contract (D-C) I certify that the above checks have been submitted to the vendors as noted and that the expenses are accurate an in agreement with the records of this organization's contract with the - Monroe County Board of ounty Commissioners and the Tourist Development Council and will not be submitted fo rt;'" bursement to any other funding source. /1/"\z> 711 ki • Executive Director/Event-Project Manager Date S9 2a071471,3 F.I.D.or Social Security Number Attachments (supporting documents) t Sworn and subscribed before me this .30 day f l year of 700 y 0'��i�, Stanley J. Cottner 0. Commission#DD341713 4•. • Expires August 20,2008 .4Notary lic a �3" ' Sanded TrWalurinti,MI Mown Stamp • APPLICATION` 1 ID -UL RTIFICATE FOR PAYMENT AIA DOCUMENT G702 (Instructions on reverse side) PAGE ONE OF PAGES TO OWNER: Mel Fisher Maritime Heritage Society PROJECT: Mel Fisher Roof APPLICATION NO.: 003 200 Greene St. Distribution to: Key West FL. PERIOD TO: 9/30/2004 D OWNER PROJECT NOS.: ❑ARCHITECT ternational Inc. Kh FROM CONTRACTOR: 999 p� St N.E. VIA ARCHITECT: a Le Huu&Partners ❑ CONTRACTOR Atlanta GA 4411 North Orange Blossom Trail CONTRACT DATE: 0 Orlando FL. 0 CONTRACT FOR: CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor certifies that to the best of the Contractor's knowledge,infor- mation and belief the Work covered by this Application for Payment has been completed Application is made for payment, as shown below, in connection with the Contract. in accordance with the Contract Documents, that all amounts have been paid by the Continuation Sheet, AIA Document G703, is attached. Contractor for Work for which previous Certificates for Payment were issued and pay- 1. ORIGINAL CONTRACT SUM 827,590.00 ments received from the Owner, and that current payment shown herein is now due. s 2. Net change by Change Orders s • 0.00 CONTRACTOR: 3. CONTRACT SUM TO DATE (Line 1 ± 2) s 827,590.00 By. • Z Date: 9t3G� 4. TOTAL COMPLETED & STORED TO DATE s 454,125.64 State of: (Column G on G703) County of: /7'IO/Uea( 5. RETAINAGE: 45,412.56 Subscribed and sworn to befo �h a. % of Completed Work s . • me this 3() day of - g' jt. MILIEU.-- (Columns D + E on G703) 1��.1�1� My1�w I�710E 0.00 ^r= i»y r b. % of Stored Material s No.CC9N7211. (Column F on G703) Notary Public /fk. 4. • Num[lArtl. Total Retainage (Line 5a + 5b or 45,412.56 Commission expires: / t1 Q t Total in Column I of G703) - s 6. TOTAL EARNED LESS RETAINAGE s 408,713.08 ARCHITECT'S CERTIFICATE FOR PAYMENT (Line 4 less Line 5 Total) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT In accordance with the Contract Documents,based on on-site observations and the data (Line 6 fromprior Certificate) 390,713.08 comprising this application, the Architect certifies to the Owner that to the best of the s P g PP � , Architect's knowledge,information and belief the Work has progressed as indicated,the 8. CURRENT PAYMENT DUE $ 18,000.00 quality of the Work is in , .. , e .• „, r r: :�� . „ , ents,and the Contractor is entitled to paymen off• • Y•• • r ' 'RTt 141;0 9. BALANCE TO FINISH, INCLUDING RETAINAGE 418,876 92 afi : •• clef U , l r.,RV Q (Line 3 less Line 6) $ AMOUNT CERTIFIE[ -�� ``��M,, :. • . , ', !t8. . $ /8�•C� (Attach explanation to-a ,. t t riff INPI t, '„ •f'••• P1tIvount applied fon Initial CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS all figures on this Application an t e ntinuation Sheet that are changed to Total changes approved in conform to the amount certified for-- - L Qi-R-- - previous months by Owner 0.00 0.00 ARCHITECT: Total approved this Month 0.00 04 0.00 By: I Date: P • TOTALS 0.00 0.00 This Certifi e is not n otiable.The UNT CERTIFIED is payable only to the Con- NET CHANGES by Change Order 0.011 tractor named herein. ssuance, pay ent and acceptance of payment are without prejudice to any rights of the Owner r Contractor under this Contract. II���I AIA DOCUMENT G702•APPLICATION AND CERTIFICATE FOR PAYMENT• 1992 EDITION•AIA® • ©1992 •THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK - 11% AVENUE, NW., WASHINGTON, D.C. 2000Cr5292 • WAANING: Unlicensed photocopying violates U.S. copyright laws and will street the violator to legal pmsecudon G702-1992 CAUTION:You should use an original AIA document which has this caution printed in red.An original assures that changes will not be obscured as may nr-e„r wk................-a..-- --- • CONTINUATION SHEET AIA DOCUMENT G703 (Instructions on reverse side) PA E 9F PAGES AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, APPLICATION NiZ)D3 containing Contractor's signed Certification, is attached. APPLICATION DA79129/2004 In tabulations below, amounts are stated to the nearest dollar. PERIOD T 3Q/2004 Use Column I on Contracts where variable retainage for line items may apply. ARCHITECT'S PROJECT NO.: A B C D r E F G H I WORK COMPLETED MATERIALS TOTAL ITEM SCHEDULED PRESENTLY COMPLETED BALANCE RETAINAGE NO. DESCRIPTION OF WORK VALUE FROM PREVIOUS STORED AND STORED % TO APPLICATION THIS PERIOD (NOT IN TO DATE. (G _ C) FINISH (IF VARIABLE) (D + E) RATE) (Jul Contaminated Matenals Abatement- 4t1,1bU.UU 4b,2bU UU OR E) (D+E+F) (C - G) (LOUU.UU 0.00 45,250.00 93.78 3,000.00 4,525.00 002 Demolition 8,000.00 0.00 0.00 0.00 0.00 0.00 8,000.00 0,00 003 Roofing and Moisture Protection 440,970.00 299,761.00 0.00 0.00 299,761.00 67.98 141,209.00 29,976.10 004 Alumnium Clad Windows(Celestory 58,870.00 0.00 0.00 0.00 0.00 0.00 58,870.00 0.00 Only) 005 Mechanical 20,000.00 0.00 20,000.00 0.00 20,000.00 100.00 006 General Conditions 101,500.00 25,375.00 0.00 5.00 2,537.50 O.QO 25,375.00 25.00 76,125.00 2,537.50 007 Scaffolding and Pedestrian 50,000.00 40.239.64 0.00 0.00 40,239.64 80.48 9,760.36 4,023.96 Protection 008 Contingency 50,000.00 0.00 0.00 009 CM Fee 0.000.000.0050,000.00 0.00 50.000.00 23,500.00 0.00 0.00 23.500.00 47.00 26.500.00 2,350.00 • 827,590.00 434,125.64 20,000.00 0.00 454,125.64 54.87 373,464.36 45,412.56 lit AIA DOCUMENT G703•CONTINUATION SHEET FOR G702 • 1992 EDmON•AIA® • ©1992 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N W.,WASHINGTON,D.0 20006-5292•WARNING unlicensed photocopying violatesU.S.copyright laws and wM sublect the violator to legal prosecution. G703-1992 CAUTION:You should use an original AIA document which has this caution printed in red.An original assures that changes will not be obscured as may occur when documents are reproduced. HEERyContract Invoice Detailed, Grouped by Each Number International Inc. Mel Fisher Roof Project# 0227102 Heery International, Inc. Tel: Fax: Invoice Date: 9/25/2004 Contract No: MFMM -Heery Invoice No: 001 To General Contractor: From Contractor: HEERY Via Architect: Kha Le Huu&Partners INTERNATIONAL 999 Peachtree Street, 4411 North Orange NE Blossom Trail Contract For: Atlanta,GA 30309, Orlando FL. Period Number: 07 Period To: 10/1/2004 Contract Invoice Summary 1. Original Contract Value 20,000.00 2. Net Change by Change Orders 0.00 3. Contract Value To Date 20,000.00 4. Total Completed Stored To Date 20,0Q000 5. Completed Work Retainage 2,000.00 6. Stored Material Retainage 0.00 7. Total Retainage 2,000 00 8. Total Earned Less Retainage 18,000.00 9. Less Previous Certificates For Payment 0.00 10. Current Payment Due 18,000 00 11. Balance To Finish, Including Retainage 2,000.00 Contractor Signature: Change Order Summary Additions Deductions By: Date: Total changes in previous months 0.00 0.00 Total approved this month 0.00 0.00 General Contractor Signature: Totals 0.00 0.00 By' Date: Notary Signature: Net Changes by Change Order 0.00 By: Date: • Prolog Manages' Printed on: 928/2004 Atlanta CM Page 1 , - 1 , , _, ___ _ , , , HEERYContract Invoice1 Detailed Sheet International Inc. Mel Fisher Roof • Project# 0227102 Heery International, Inc. • Tel: Fax: Contract No: MFMM -Heery Application No: 001 To Company: Application Date: 9/25/2004 From Company: HEERY INTERNATIONAL Period To: 10/1/2004 Item Category Description Scheduled Previous Work Work This Material Total Stored Total Percent Balance To Total Retain No ID Value And Material Invoice Installed Material Completed Complete Complete Value Installed This Invoice Value 001 HVAC Louver Material 8,000.00 0.00 8,000.00 0.00 0.00 8,000.00 100.00 0.00 800.00 002 HVAC Louver Labor 12,000.00 0.00 12,000.00 0.00 0.00 12,000.00 100.00 0.00 1,200.00 Totals: 20,000.00 0.00 20,000.00 0.00 0.00 20,000.00 100.00 0.00 2,000.00 Prolog Manager Printed on: 9/28/2004 Atlanta CM Page 1 • • MEL FISHER MARITIME HERITAGE SOCIETY, INC. 1008 (CONSTRUCTION ESCROW FEES) 200 GREENE STREET 63-9203/670 KEY WEST,FL 33040 SO)04 re* ••• 156* .1t6reAl tOr- 4.4eAtir'44‘04ktall..". ..0-• I $9514 I Pltie MONEY MARK LINT • nymwpfireivosTEN,BANKsTREET KEY WEST,FLORIDA 33340 .1.111111111/ looa • • • • • `o MUSEUM MATCH Grant Funds Cash Match Cash Match Bldg.Match TDC Funding Phase II Repairs,improvements REQUEST Available Match Summary Roof repair/soffits , $ 108,000 259,900 Spec.Cat.Grant Electrical systems emergency replacement 31,000 $ 24,000 51,645 Hist.Presv.Grant o Repair of concrete spalling 24,000 - 55,900 Museum Project Budget a Window Replacement 72,000 367,445 Available Match Architect(10%of construction costs) 24,900 ti Building Purchase $ 4,200,000 IL Historic Architectural Report 35,000 • Spec.Cat.Grant $ 259,900 59,000 4,200,000 ) Wall and Fence Repairs 20,000 Fabricate Entrance Gate 6,000 Fabricate Rear Gate 2,000 Fabricate/Install Entrance Doors 4,000 Replace Safety Treads/Handrail 3,000 - Exterior Lighting 2,500 Landscaping/Trees 2,400 Outdoor Benches 2,250 Trash Receptacles 1,800 Signage-exterior 3,000 Architect(10%of construction costs) 4,695 Hist.Presv. $ 51,645 - - J U Z o Construction Demolitian/Debris Removal 5,000 Electrical Systems Repair/Replacement 80,000 = Security/Safety Systems Repair/Replacement 8,500 Iz . Conveying Systems Upgrade/Repair 0,000 w Gallery Seating 56,000 'w Plumbing 50,000 c, HVAC Systems installation/Repair/Upgrade 57,000 c, Interior Architectural Signage-ADA 3,000 ce Carpentry&Finishes 27,400 o Insulation 5,000 oE Permits$600M($24 per$1,000) 14,400 A&E(8%of construction costs) 20,000 Construction Coordinator 36,000 Legal Ads/RFPs-Bids 5,500 co TDC ASK $ 311,900 N TOTAL PROJECT o PROJECT TOTALS by funding source $ 311,545 $ 59,000 $ 55,900 $ 311,900 $ 738,345 0 0 N , I • Ln CO 0 Mel Fisher Maritime Museum 200 Greene Street Project Museum Matching Funds TDC Request State Grant Museum Cash& TDC REQUEST Summary Available Match Building In-Kind Grant funds Cash In-Kind Purchase ;; Phase III Repairs,Improvements,Design 325,000 Spec.Category Grant Clerestory Restoration Match Match 141,600 33,520 f; Electrical System Upgrades(incl.ME) 85,400 50,329 Museum Cash 8 In-Kind Concrete Spalling Repair(incl.ME) 98,000 375,320 Available Match Windows Replacement(incl.ME) 225,320 HVAC-Central Chilling Systems(incl.ME) 90,000 Exhibition Design Planning 60,000 Permits(In-Kind) 16,800 Subtotal: 325,000 50,320 375 320 ' Phase II Repairs,Improvements Roof repairs/soffits Electrical systems emergency replacement 108,000 Repair of concrete spalling 31 000 24 000 Window Replacement 24,000 Architect(10%of construction cost,) Building Purchase 24,900 Historic Architectural Report Subtotal: 4,200,000 f 35,000 259,900I 59.000. - 4,200,000 Construction Demolition/Debris Removal § Electrical Systems Repair/Replacement ) 5 000 000 Security/Safety Systems Repair/Replace 1 , • Conveying Systems Upgrade/Repair 8 500 Gallery Seating 6,000 Plumbing 000 HVAC Systems Installation/Repair/Upgrade 50 000 57, Interior Architectural Signage-ADA 00 Carpentry and Finishes • a 3,000 Insulation 27,400 J Permits S60oM($24 per$1,000) 5,000 A 8 E(8%of construction costs) 14 400 Construction Coordinator �� %.. Legal Ads/RFPs—Bids Subtotal: 5,500 41,500 14,400 4,200,000 TOTAL PROJECT PROJECT TOTALS by Funding Source 325 000 50 320 PHASES I,II,7III 375320 571,800 142,000 14,400 4,209000 s s,66,e4o 08-30-2005 12:16pm From-TOURIST DEVELOPMENT COUNCIL T-888 P.002/002 F-363 y• PART X: ATTACHMENTS AND CERTIFICATION -ALL PROJECTS 1. The following supporting documents are attached: • (a) ✓ Official record reference for ownership documentation (b) _ _ Consent letter from owner for use of property as outlined in this application (c) V Citations for applicable local protective ordinance if applicable (d) Proof of ownership/consent of owner for use of property as outlined in this application (e) ✓ Copy of letter designating project supervisor (f) ✓ 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) (g) ✓ Photographs of existing conditions of project site(s) or area (two sets of originals and 18 photocopies or originals) (h) ✓ Documentation of confirmed matching funds. Such documentation may be comprised of contracts, executed grants, or other similar complete and executed documents (I) Plans and specifications, if completed (development projects only) (one set only) U) �� Criteria Fact Sheet (k) ✓ All restrictive documents governing use of the property (I) ✓ Non-Collusion Affidavit and Verification Form (notarized) (m) ✓ Drug Free Workplace Form 2. I certify that the information conta' ed in this application is true and correct to the best of my knowledge, and that I am t ly authorized representative of the applicant. Signature: Title: - Executive Director Date: 1/15/2001 Monroe County Tourist Development Council Capital Projects Application Page 29 Fiscal Year 2001 11/2000 .':-,;..',A*, `1�?� 'tl•> t' '•,,4 4 Tia�v...m..-r r-••. ._ • •. • _• '. _ �• .e t r•>! a 'w• , e- `a r t 14 7 .t- PA?-"�5.^t.'7,717 -n- IA a� .s,. z. ` is Yi "•4'2t•'7z i r 4- t ,r f •is�,' .t ,{ 2•` _ "S J°�.�G4Ci t� ii. 3 � ," :' . 0. '.• ¢y�, ,*5,�_, �1 ,' 1 i��}. i5 ,-,•r 74 �9xty_- `L ° �x '4d } E`fS1 yjr r�" ia- rv"� .._ ei'ts'' }'t v`�.,'y',j',- r v '. ,°S. '4 s' `, ?X, ,is,, f'r" �, q,,l." cV. .1, ,, - y S �r ''„ i t 4 . - - •,s;t 4• •P'; , ,Cn. :r4.n �4' Y �+;•44, i p a L x•we..—�s"-n> ryii Fy c .t '' �j J 1�-..' 4 r q,�C.- yi.y HERITAQE MEL �F`ISI IEK ••� wME ,SCSC_IET'k INC. �,,..• j�� 200 C}REENE STREET, 1!►'rKEY WEST, FL 33040 0, _-,• •. ,,, (305)294•-2633 FAX (305) 294-5671 .�*o o-.a • '* r • • January 15,2001 - - • Monroe County TDC • • -•' Capital Project Application RE:Matching Funds ' . \ • Dear Sir or Madam; • This letteris'to confirm the museum has been awarded two grants listed beepw totaling$311,545 and will " ' provide an additional$55,900 is museum resources to provide the match for the amount-requested of' $311,900. • • Florida Speciatl Category funding for roof/soffit.replacement;repair of exterior concrete spalling; window t`eplacement;a portion of the electrical systems repair and the architectural and engineering' fees to support these efforts($259,900). t • - • Florida Historic Preservation Small Matching Grant to repair,fabricate and/or-replace exterior ' elements of fencing,concrete walls,entry stairs and masonry,doors,exterior safety, lighting,handrails, - etc.and the architectural and engineering fees to support these efforts.($51,645). ' • - • C. • :cts for these grants will be prepared in March 2001 and we will,provide you with copies upon their , al. If there are any questions,please call. . • rely, , _. ,. • 4 lis.a Kendrick Chief inancial Officer I . • • i • > • :, . —,i - • , , . ," , - f _ .- 1 • • • The Mel Fisher Maritime Heritage Society is an independent not-for-profit 501(c)3 organization,dedicated to exhibition,education,archeology, • preservation and research of maritime history in the new World. , •, . _ . . , . . . , MEL FIShER . I : ►s. MARITIME HERITAGE SOCIETY INC. .. , , •I, - <�� . 200 GREENE STREE I', KEY WEST, FL 33040 `— ` °, (305)294-2633 ,FAX (305) 294-5671 . `` �;5 I SEP..1 5 20a3 • . TDC Capital Projects Resubmittal 1 • 1.. ' . • • . - contains reimbursable grant expenditures documentation totaling • $313,780:29. 0)ur award contract was for$311,900,therefore we seek reimbursement in e amount'of$311,900. Our match is document is also:included in the amount,of ' $1,474,550.00'with Heery International,Inc. As the Heery document includes roughly ' '. $137,000 of TDC funded work within this award,we would seek to utilize the value of.• • $311,900 therein to meet the match requirements. Copies'of the document follows.. - 1 i •• Mel , - Or hiof,F k _e war . The Mel Fisher Maritime Meritage Society is an independent not-for-profit 501(c)3 organization,dedicated to exhibition,education,archeology, preservation and research of maritime-history In the New World. - 1. r• ' 1 HEERY February 11, 2003 Madeline Burnside Executive Director Mel Fisher Maritime Museum 200 Greene St ARfitecl ae Key West, FL 33040 „A,,,e, Grad:c Design • RE: Mel Fisher Maritime Heritage Museum Restoration Project """Desk • Phase IA Guaranteed Maximum Price �gmwna9emem Strategic Facilities Ham Dear Ms Bumside: Heery International is pleased to provide you our proposed total Guaranteed Maximum Price for the Museum Restoration Project for the'work identified as Phase I activities. Our proposed total GMP amount would be $1,474,550.00 (One Million Four Hundred Seventy- four Thousand Five Hundred Fifty- Dollars.) The GMP and scope of work to be performed would be accordance with the following . attachments: Attachment A: Bid Category Breakdown Attachment B: Clarifications &Assumptions Attachment C: Schedule of Allowances Attachment D: Contract Document List • Due to the continued development of the documents Heery will issue incremental GMP letters • for the various portions of the work as they are finalized. •These letters and attachments will constitute I-leery International's actual Guaranteed Maximum Price Proposal as referenced in Article 2.2.4 in the AIA Document A121/CMc and AGC Document 565 Standard Form of Agreement between Owner and Construction Manager where the Construction Manager is also the Constructor. • • We look forward to your acceptance of this•proposal and authorization to proceed. Sincerely, HEERY IN yAON , INC. ..��r� Niels Hubbell Vice President Cc: Bill Sprague1(;1" - Kha Le-Hu • • Heery International, Inc. A g�V N protersichat service Drauices 999 Peachtree Seal NE.Mama.Dacca 30309-3953 TeteP1+cne 404-881.9880 Fas 404-975-1283 ATLANTABALTI10iE BEfO.OR BERLN BOSTON CHCAGOQEVELOO DALLAS DENIER EDtNBUGN IOUSTONACICSOWILE TAC904W4A1 ONTUCS0L WAASSH lt, DCj OH HgEND(POR7IMORPIEGH 54CRM.£NfO SEATRE MEL FISHER MARITIME HERITAGE MUSEUM Phase 1A GMP February 11, 2003 Attachment A Bid Category Breakdown CATEGORY# BID CATEGORY 2A Contaminated Materials Abatement $35,000 2B Demolition $5,459 3 Concrete $28,250 4 Masonry $199,429 6 Rough Carpentry & General Trades $205,346 7A Roofing and Moisture Protection $287,910 8A Aluminum Clad Windows, Glass Handrail $175,481 14 Wheel Chair Lift $13,869 15A Plumbing $40,000 16 Electrical $124,341 SUBTOTAL $1,115,085 BONDS, PERMITS, FEES & INSURANCE In Below GENERAL CONDITIONS $150,000 SCAFOLDING, ACCESS AND PEDESTRIAN PROTECTION $26,000 CONTINGENCY $100,000 CONSTRUCTION COST SUBTOTAL $1,391,085 FEE $83,465 GMP COST $1,474,550 • Page 1 of 1 • • February 13, 2003 Madeline Bumside Executive Director Mel Fisher Maritime Museum 200 Greene St Key West, FL 33040 RE: Mel Fisher Maritime Heritage Museum Restoration Project Phase 1A Front Entry& Flagpole Guaranteed Maximum Price Dear Dr. Bumside: • Heery International is pleased to provide you an early Guaranteed Maximum Price for the Front Entry portion of the Museum Restoration Project. We are submitting thi early GMP to allow immediate commencement of the work with a goal of meeting your March 15, 2003 completion . deadline. We anticipate presenting an additional GMP for the balance of the work within the next few weeks as the documents are completed. Our GMP for this work is $180.534.00 (One Hundred Eighty Thousand Nine Hundred Thirty-four Dollars.) The GMP and scope of work to be performed is in accordance with the following attachments: Attachment A: Bid Category Breakdown Attachment B: Clarifications &Assumptions Attachment C: Schedule of Allowances Attachment D: Contract Document List Attachment E: Narrative Scope of Work This letter and attachments constitute Heery International's Guaranteed Maximum Price Proposal as referenced in Article 2.2.4 in the AIA Document A121/CMc and AGC Document 565 Standard Form of Agreement between Owner and Construction Manager where the Construction Manager is also the Constructor. Please note that given the low dollar volume of this early GMP Heery has set our fee on a lump sum basis. We will revert to the percentage fee listed in the contract when we incorporate the balance of the work. We look forward to your acceptance of this proposal and authorization to proceed. Sincerely, HEERY INTERNATIONAL, INC. Niels Hubbell Vice President Cc: Bill Sprague Kha Le-Hu • • MEL FISHER MARITIME HERITAGE MUSEUM Phase 1A Front Entry & Flagpole GMP February 13, 2003 • Attachment A Bid Category Breakdown 3 Concrete $28,250 6 Rough Carpentry& General Trades $10,101 8A Glass Handrail &Signage $10,973 14 Wheel Chair Lift $13,869 16 Electrical $34,341 SUBTOTAL $97,534 BONDS, PERMITS, FEES & INSURANCE In Below GENERAL CONDITIONS $38,000 DESIGN DEVELOPMENT CONTINGENCY $15,000 • CONSTRUCTION CONTINGENCY $15,000 CONSTRUCTION COST SUBTOTAL $165,534 FEE $15,000 GMP COST $180,534 Page 1of1 July 23, 2004 Madeline Burnside Executive Director Mel Fisher Maritime Museum 200 Greene St Key West, FL 33040 RE: Mel Fisher Maritime Heritage Museum Restoration Project Roofing and Clerestory Dear Ms Burnside: Heery International is pleased to provide you our proposed total Guaranteed Maximum Price for the Museum Restoration Project for the Roofing and Clerestory Repairs. Our proposed total GMP amount would be $827,590.00 (Eight Hundred Twenty Seven Thousand Five Hundred Ninety -Dollars.) The GMP and scope of work to be performed would be accordance with the following attachments: Attachment A: Bid Category Breakdown Attachment B: Clarifications &Assumptions Attachment C: Schedule of Allowances Attachment D: Contract Document List Attachment E: Narrative Scope This letter and attachments will constitute Heery International's Guaranteed Maximum Price Proposal as referenced in Article 2.2.4 in the AIA Document A121/CMc for this Phase of work. In addition we have included a narrative scope for your review that specifically outlines this work we are proposing to perform over the next five months. We look forward to your acceptance of this proposal and authorization to proceed. Sincerely, Accepted BY: HEERY INTERNATIONAL, INC. MEL FISHER MARITIME MUSEUM Niels Hubbell Madeline Burnside Vice President Executive Director Cc: Eric Pelinsky Linda Smith Kha Le-Hu MEL FISHER MARITIME HERITAGE MUSEUM Roof& Clerestory GMP August 4, 2004 Attachment A Bid Category Breakdown CATEGORY WORK ITEM GMP # COST 2A Contaminated Materials Abatement $ 48,250 2B Demolition $ 8,000 2C Termite Abatement NIC 7A Roofing and Moisture Protection $ 440,970 8A Alumnium Clad Windows Celestory Only $ 58,870 15A Mechanical $ 20,000 SUBTOTAL $ 576,090 GENERAL CONDITIONS $ 101,500 SCAFOLDINGAND PEDESTRIAN PROTECTION $ 50,000 CONTINGENCY $ 50,000 SUBTOTAL $ 777,590 CM FEE $ 50,000 PROJECTED TOTAL COST $ 827,590 Page oft . . HEERY Melissa Kendrick Architecture Mel Fisher Maritime Heritage Society Inc. Construction Management 200 Greene St. Engineering Graphic Design RE: Email from Clerk of the Court Interior Design Program Management Strategic Facilities Planning Dear Melissa; In response to the question raised by the 12/16/04 email from Jackie Clynes I have reviewed the GMPs to date and submit the following information which should shed some light on the issues. There have been three GMPs to date; February 11, 2003 for a total of$1,474,550.00 Phase I • February 13, 2003 for a total of$180,534.00 Phase I(a) July 23, 2004 for a total of$827,590.00 Phase I(b) The question regarding the cost breakdown originates from the attachment 'A' for each of the three GMPs. The original breakdown (2/11/03) lines 6 & 7A Rough Carpentry& Roofing respectively totaled $493,256.00. The cost breakdown for July 23 GMP has Roofing category total of$440,970.00. This GMP combined the scope of work for the carpentry and roofing. Under the original GMP the rough carpentry which included the roof decking and framing for the celestory windows was intended to be completed by a contractor different from the roofing contractor. Subsequently this was changed and the roofing contractor was able to provide a better price to accomplish this work than having a separate contractor. The contaminated materials abatement number increased because the work was bid more than a year earlier and was affected by fuel costs and labor costs increases. Also the original GMP figure did not include monitoring the abatement by an environmental engineering firm. Because of the high profile location of the project it was decided that the job would be monitored due to the asbestos abatement being a litigious scope of work. The original contractor who provided a price to remove the shed roof on the west side of the building subsequently retired. This required the re-pricing of the removal of the roof by a different contractor and the price for demolition increased. • Heery International, Inc. A group of professional service practices 999 Peachtree Street,NE,Atlanta,Georgia 30367-5401 Telephone 404-881-9880 Fax 404-875-1283 ATLANTA BALTIMORE BEAN,OR BERLIN BOSTON CHICAGO CLEVELANO DA I CS DENVER EDINBURGH FAYETTEIALLE HOUSTON LONDON LOS ANGELES MADRID NASHVILLE PEW YORK NEWARK NI PARIS PHILADELPHIA PORTINA RALEIGH RICHMOND SACRAAENTO SAN DIEGO SEATTLE SPRINGRELD,MATAMPA WASHINGTON DC HEERY • As to the Question of an additional GMP for a total of$466,426.00 I look forward to Architecture continuing to work with the Mel Fisher Maritime Heritage Society Inc. and their Construction Management endeavors to renovate the historic building on Green St. But the issues of future GMPs Engineering are at their discretion. Graphic Design Interior Design Program Management The additional supporting documentation requested for travel, printing, Fed EX etc. has Strategic Facilities Planning been compiled and is attached. If you have any additional questions please feel free to contact me. Sincerely; e4teei. Eric Pelinsky Project Manager • • Heery International, Inc. A group at professional service practices -- 999 Peachtree Street,NE,Atlanta,Georgia 30367-5401 Telephone 404-881-9880 Fax 404.875-1283 ATLANTA BALTIMORE BEND,OR RERUN BOSTON CHICAGO CLEVELNID DALIAS DENVER EDINBURGH FAYETTEVILLE HOUSTON LONDON LOSANGELES MADRID NASFMLLE NEW YDRK NEWARK.AU PARIS PHILADEIPHIA PORTLAM1D RALEIGH RICHMOND SACRANFMO SAN DIEGO SEATTLE SPRINGFIELD,MATAMPA WASHINGTON DC Page 1of1 Jackie CI i� From: "Jackie Clynes" <jclynes@monroe-clerk.com> To: "Melissa Kendrick" <mkendrick@melfisher.org> Cc: "Lynda Stuart"<officemgr@fla-keys.com> Sent: Thursday, December 16, 2004 11:23 AM Subject: Mel Fisher Phase II With regard to the above, I have the following questions: 1. Heery International, Inc. Observations: In their letter dated February 13, 2003, an early Guaranteed Maximum Price for the Front Entry portion of the Museum Restoration Project was attached totalling $180,534.00. Reference was also made to an additional GMP for the balance of the work within a few weeks. Another Continuation Sheet was submitted totalling $827,590.00. Application#1 and#3 were submitted for reimbursement in Phase II and Application#2 and#4 were submitted in Phase III. In their letter dated February 11, 2003 the proposed GMP was $1,474,550.00. Questions: How does the$180,534.00 and $827,590.00 fit in with the total GMP? Will there be another GMP Phase totalling $466,426.00? If the proposed GMP for$1,474,550.00 is the maximum for each line item, then several line items on the $827,590.00 Continuation Sheet exceed those listed for the GMP cost of$1,474,550.00. 2. Kha Le-Huu &Partners t With regard to Consultants paid by Kha Le-Huu, we would require a copy of the proposal or contract with each consultant, along with a copy of their invoice to Kha Le-Huu. This would also include TLC, Steven R. Keller and Associates, Stapes& Charles, etc. 3. For All Parties With regard to travel, additional information is required in some cases, e.g., Boarding Passes, explanation of Change Fee, etc. Where there is a request for payment on FedEx or outside printing, etc., a copy of the invoice must be provided. The above are not all items in question, but provide a starting point on the outstanding issues. If you have any questions, please don't hesitate to contact me at 305-292-3532. Sincerely, 1 r Jackie Clynes ,.,G, ,.,a„ .ads .,..rely, . TDC Grant of Funds: Repair/improve electrical,plumbing,HVAC,safety/security,elevator systems;insulation;visitor gallery improvements-seating,carpentry and finishes to property,demolition/debris removal;interior signage/ADA; architectural and engineering services. Gran:Period: 03/22/01-03/15/03 Gant Amount: $311,900 EXP:NDITURE SUMMARY VENDOR/ CHECK PERIOD TOTAL W/ VENDOR CONTRACTOR NO. DATE ENDING HOURS REIMB'S MULTIPLIER ADJMTS ROSTD ALLOWED TOTAL NOTATION/REASON Heery Int'I 067253 03/15/2003 03/15/2003 128,677.08 115,809.37 Ltr acptg GMP no Amend1 done;pymt only on amt certf'd by architect 115,809.37 Construction Kha Le-Huu 065593 01/09/2002 3,000.00 3,000.00 Initial pymt per Article 11.1 of agent A&E KLH#1 066672 03/26/2002 4,844.50 398.12 437.93 (3,000.00) 2,282.43 1,844.50 Need copy of individual tasks for all Kha Le-Huu payments submitted No support for FedEx,printing;calls not id'd;no trvl vchr Architectual&Engineering KLH#2 066672 04/30/2002 11,632.00 1,044.21 13,943.83 12,676.21 11,632.00 No support for printing;calls's not ld'd;no trvl vch Architectual&Engineering KLH#3 066320 07/18/2002 3,200.00 394.76 3,594.76 3,200.00 Staples&Charles consultants billing-no support for reimb's - Architectual&Engineering KLH#4 066464 07/19/2002 05/31/2002 15,296.00 2,178.69 17,474.69 15,296.00 No trvl vchrs;no invoice for Hom;no support for reimb TLC Cnsltg Svcs 07/18/2002 05/31/2002 5,000.00 652.10 6,217.31 6,217.31 5,000.00 No support for reimb on TLC KLH#5-C Concrete Sp 066672 08/28/2002 06/30/2002 1,782.00 127.80 1,922.58 1,922.58 1,787.23 No trvl vchr,calls not id'd;no calc for printingwhat alloc used A&E KLH#5-EC Electrical 066672 08/28/2002 06/30/2002 1,782.00 127.80 140.58 1,922.58 1,767.23 No trvl vchrcalls not id'd;no calc for printingwhat alloc used A&E TLC Cnsitg Svcs 07/18/2002 06/28/2002 1,820.00 580.00 2,640.00 2,640.00 2,002.00 No support for consultants reimbursebles KLH#5-EV Elevators 08/28/2002 06/30/2002 1,782.00 127.80 140.58 1,922.58 1,787.23 No trvl vchrcalls not id'd;no calc for printing;no ck#;what alloc used KLH#5-H HVAC 08/28/2002 06/30/2002 1,782.00 127.80 140.58 1,922.58 1,787.23 No trvl vchr,calls not id'd;no calc for printing;no ck#;what alloc used KLH#5-P Plumbing 08/28/2002 06/30/2002 1,782.00 127.80 140.58 1,922.58 1,787.23 No trvl vchr,calls not id'd;no calc for printing;no ck#;what alloc used KLH#6-C Concrete Sp 066672 09/30/2002 07/31/2002 1,681.50 86.52 95.17 1,776.67 1,683.32 No trvl vchrcalls not id'd;no postage logwhat is the alloc used A&E KLH#6-EC Electrical 066672 09/30/2002 07/31/2002 1,681.50 86.52 95.17 1,776.67 1,683.32 No trvl vchr,calls not id'd;no postage logwhat is the alloc used KLH#6-H HVAC 09/30/2002 ,1 07/31/2002 1,617.00 86.52 95.17 1,712.17 1,618.82 No trvl vchr,calls not id'd;nopostage logwhat is the alloc used KLH#6-P Plumbing 09/30/2002 07/31/2002 1,577.50 86.52 95.17 1,672.67 1,579.32 No trvl vchr,calls not ld'd;no postage logwhat Is the alloc used KLH#7-C Concrete Sp 10/07/2002 08/31/2002 2,462.00 3.00 3.30 2,465.30 2,464.16 Calls not id'd;no postage logwhat is the alloc used KLH 07-EV Elevators 10/07/2002 08/31/2002 2,462.00 3.00 3.30 2,465.30 2,464.16 Calls not id'd;no postage logwhat is the alloc used KLH#7-H HVAC 10/07/2002 08/31/2002 2,462.00 3.00 3.30 2,465.30 2,464.16 Calls not id'd;no postage logwhat is the alloc used KLH#7-P Plumbing 10/07/2002 08/31/2002 2,537.00 3.00 3.30 _ 2,540.30 2,539.16 Calls not id'd;no postage logwhat is the alloc used 11/17/2003 Page 1 MEL FISHER PHASE II.XLS VENDOR/ CHECK PERIOD TOTAL W/ VENDOR CONTRACTOR NO. DATE ENDING HOURS REIMB'S MULTIPLIER ADJMTS ROSTD ALLOWED TOTAL NOTATION/REASON KLH r.7-R Roof 10/07/2002 08/31/2002 2,559.50 3.00 3.30 2,562.80 2,561.66 Calls not id'd;no postage logwhat is the alloc used KLH#8-C Concrete Sp 066672 10/21/2002 09/30/2002 2,101.38 173.71 191.08 2,292.46 2,106.00 No trvl vchr;calls not id'd;no postage log;what is the alloc used A&E KLH#8-EV Elevators 10/21/2002 09/30/2002 6,281.38 173.76 191.08 6,472.46 6,286.00 No trvl vchr,calls not id'd;no postage log;what is the alloc used KLH#8-H HVAC 10/21/2002 09/30/2002 2,101.38 173.71 191.08 • 2,292.46 2,106.00 No trvl vchrcalls not id'd;no postage log;what is the alloc used KLH#8-P Plumbing 10/21/2002 09/30/2002 2,101.38 173.71 191.08 2,292.46 2,106.00 No trvl vchrcalis not ld'd;no postage logwhat is the alloc used KLH#8-EC Electrical 066672 10/21/2002 09/30/2002 2,101.38 173.71 191.08 2,292.46 2,106.00 No trvl vchrcalls not id'd;no postage log;what is the alloc used A&E KLH#9S Security 067000 11/27/2002 10/31/2002 6,026.08 6,628.69 6,628.69 0.00 No inv for consultants Security KLH#10EV Elevators 067246 01/14/2003 11/30/2002 195.00 19.50 214.50 0.00 No trvl vchr KLH#10P Plumbing 067246 01/14/2003 11/30/2002 195.00 19.50 214.50 0.00 No trvl vchr KLH#12-P Plumbing 067243 02/12/2003 01/31/2003 321.87 32.19 354.06 342.10 Arpt parking disallowed Plumbing KLH#12-EV Elevator 067243 02/12/2003 01/31/2003 321.87 32.19 354.06 342.10 Arpt parking disallowed . Elevator KLH#13EC Electrical 067250 03/17/2003 02/28/2003 29,234.00 657.37 2,989.14 32,880.51 32,821.86 TLC consultant services;deducted lunch TLC Consult Svcs Electrical KLH#13-P Plumbing 067249 03/17/2003 02/28/2003 877.73 87.77 965.50 832.70 Insufficient support on some items 119,017.49 Plumbing Amex/Adlrondack 065880 01/14/2002 01/14/2002 1,856.40 1,856.40 1,856.40 Chairs 1,856.40 Visitor Gallery Improv. Barnes' • Alarm 065638 01/16/2002 5,377.40 5,377.40 5,377.40 Inv references quote dated 01/15/02,no copy provided Barnes'Alarm 065744 01/30/2002 2,827.44 2,827.44 2,827.44 Copy of quote not provided Security/safety Barnes'Alarm 065744 01/30/2002 524.59 524.59 524.59 Copy of quote not provided Security/safety Barnes'Alarm 065744 01/30/2002 65.00 65.00 65.00 Copy of quote not provided Security/safety Barnes'Alarm 065744 02/04/2002 173.90 173.90 173.90 Copy.of quote not provided Security/safety Barnes'Alarm 066138 06/20/2002 / 194.00 194.00 194.00 Copy of quote not provided Barnes'Alarm 066138 05/22/2002 ! 1,147.00 1,147.00 1,147.00 Copy of quote not provided Barnes'Alarm 066138 04/01/2002 479.00 479.00 479.00 Copy of quote not provided 10,788.33 BW Sprague 066254 05/22/2002 3/28,4/8,5/14/02 1,000.00 1,000.00 1,000.00 Copy of contract not provided Engineering BW Sprague 067251 07/08/2002 Jun 2002 500.00 500.00 500.00 Copy of contract not provided Construction BW Sprague 066476 08/03/2002 July 2002 500.00 500.00 500.00 Copy of contract not provided Engineering BW Sprague 066476 09/01/2002 Aug 2002 500.00 500.00 500.00 Copy of contract not provided Engineering BW Sprague 066939 10/03/2002 Sept 2002 500.00 500.00 500.00 Copy of contract not provided Prof Services 11/17/2003 Page 2 MEL FISHER PHASE II.XLS VENDOR/ CHECK PERIOD TOTAL W/ VENDOR CONTRACTOR NO. DATE ENDING HOURS REIMB'S MULTIPLIER ADJMTS RQST'D ALLOWED TOTAL NOTATION/REASON BW Sprague 066939 11/01/2002 Oct 2002 500.00 500.00 500.00 Copy of contract not provided Prof Services BW Sprague 067160 11/30/2002 Nov 2002 500.00 500.00 500.00 Copy of contract not provided Construction BW Sprague 067160 12/31/2002 7 Hrs 700.00 700.00 700.00 Copyof contract not provided Construction BW Sprague 067160 01/11/2003 TM 1/8/03 280.00 280.00 280.00 Copyof contract not provided Construction BW Sprague 067160 02/01/2003 Jan 2003 800.00 800.00 800.00 Copy of contract not provided Construction BW Sprague 067160 02/01/2003 Copies 37.29 37.29 37.29 Copyof contract not provided 5,817.29 Construction Carolina Bio 066736 06/18/2002 4,263.48 4,263.48 4,263.48 Ck number transposed;Octagonal workstation 60 in. 4,263.48 Gallery Improv. Cert.LK Plumbing 065858 02/17/2002 242.50 242.50 242.50 242.50 Install lay faucet in mens&womens restroom Plumbing D&V Comm NC 065859 02/01/2002 01/31/2002 350.00 350.00 350.00 Pull,clean,reinstall evap coil for A/C HV NC D&V Comm NC 065859 02/01/2002 01/31/2002 459.50 459.50 459.50 Labor&material to install grills for A/C 809.50 HV NC Islamorada Elev. 065950 01/28/2002 01/25/2002 377.00 377.00 377.00 Svc call,work on GAL 4th floor,,svc'd/lubed motor&rails Elevator Islamorada Elev. 066256 04/26/2002 04/17,22/02 460.00 460.00 460.00 Svc calls,adj'd door lock;lubed rail/doors;installed new rollers _ Elevator Islamorada Elev. 066478 08/23/2002 08/20/2002 280.00 280.00 280.00 Svc call,elev tripped braker,repaired spring;lubed,greased,oiled 1,117.00 Elevator Key Carpet&Fum. 065671 01/31/2002 1,395.00 1,395.00 1,395.00 Stair treads-alumin.;bullnose&flat;2 staircases&installation Visitor Galler Improv. Key Carpet&Fum. 065670 01/07/2002 768.00 768.00 768.00 Carpet&installation 2,163.00 Visitor Caller Improv. Livingston Electric 066937 12/02 874.60 874.60 874.60 Materials&labor Electrical Livingston Electric 066981 01/08 269.30 269.30 269.30 Materials&labor Electrical Livingston Electric 065861 01/29/2002 1,746.00 1,746.00 1,746.00 Materials&labor Electrical Livingston Electric 065861 02/01/2002 280.00 280.00 280.00 Materials&labor Electrical Livingston Electric 067102 02/06/2003 r 172.10 172.10 172.10 Materials&labor r I Electrical Livingston Electric 067102 02/11/2003 104.25 104.25 104.25 Materials&labor Electrical Livingston Electric 066116 02/01/2002 280.00 280.00 0.00 Invoice appears to be a duplicate Electrical Repairs Livingston Electric 066116 02/05/2002 65.00 65.00 65.00 A/C on 2nd floor Electrical Repairs Livingston Electric 066116 05/06/2002 286.25 286.25 286.25 Materials&labor Electrical Repairs Livingston Electric ' •066116 06/11/2002 479.00 479.00 479.00 Materials&labor Electrical Repairs Livingston Electric 066238 06/18/2002 2,758.61 2,758.61 2,758.61 Materials&labor Electrical Livingston Electric 066396 08/13/2002 1,547.50 1,547.50 1,547.50 Materials&labor,made final hook-up w/new generator set 8,582.61 Electrical 11/17/2003 Page 3 MEL FISHER PHASE II.XLS , VENDOR/ CHECK PERIOD TOTAL W/ VENDOR CONTRACTOR NO DATE ENDING HOURS REIMB'S MULTIPLIER ADJMTS RQST'D ALLOWED TOTAL NOTATION/REASON Manley Deboer 9sa862 01/19/2002 197.61 197.61 197.61 5/4x6x8 prem ultrawood 197.61 Visitor Galley Improv SE Power Products 065881 02/25/2002 12,915.00 12,915.00 12,915.00 Industrial generator 12.915.00 Electrical Waste Mgmt 067242 03/01/2003 02/5-7,12,14/02 1,700.00 1,700.00 1,700.00 02/06,02/07,02/12,02/14/03 1,700.00 Debris Disposal West Marine 065752 03/01/2002 179.99 179.99 179.99 Filter-fuelMdr60gph for generator installation 179.99 Electrical TOTALS: I$313,779.40 $285,459.57 $285 The following items are noted: •(y t 60, to aa• 19IV / 1 Totals are documented expenditures only. ✓/ 2 Allowed column reflects allowable expenditures IF ALL requested documentation is received and acceptable. 3 Compliance with Item 8 of TDC agmt? �C m� (� i:::1-.2 4 Copies of all contracts entered into need to be provided(Heery&Kha Le-Huu recv'd to date). 5 No copies of individual tasks were provided for Kha Le-Huu. rnATt,+I c - 6D 6 Risk Mgmt approval of insurance requirements. �� 5 7 Check numbers not listed above were missing on their request. /� + + i• + + �- -I- -I- -I- + ?- 4- •1• II * / C /7.--------. • l 0 1+1 00 0 0 0 0 ,— — 0 0 0'l .71 .O\ • O O rrl .7 n .'f' In tr1 O O \O VD 0 0 ON N N N d- 1 10 O K1 N O\ N Kl N N u1 O 0l .Y- - N O In CO \O -d 0 ,- 'C 0 0l CD N N N :— DO 00 N N N CO '— .— isl .— 01 N ,— 10 \0 M Lrl .— O f ,— N CO N .— O O 0 it 11/17/2003 Page 4 MEL FISHER PHASE II.XLS CLERK OF COURT S0E2881745 08124/0S 11:56am P. 001 • n � tR Return Completed Report to: Grants and Education Section Bureau of Historic Preservation Division of Historical Resources . 500 South Bronough Street Tallahassee,Florida 32399-0250 Your Grants Manager is: Brian Barton PHONE: (850)245-6333 or Toll Free at 1-800-847-PAST FAX: (850) 245-6437 EMAIL: bbarton@mail.dos.state.fl.us PROJECT PROGRESS &EXPENDITURE REPORT SPECIAL CATEGORY GRANTS SIX MONTH REPORTING PERIOD (PLEASE CIRCLE ONE) 1st 2nd 3rd 4th FINAL • • • •Grant Number. SC237 • Grantee Name: The Mel Fisher Maritime Heritage Society, Inc. • Project, Title: Key West Naval Storehouse Grant Award Amount: $259,900.00 • • • Project Contact Information is shown below. Please correct or update as needed • Project Contact: Dr.Madeleine H.Burnside, Ph.D. Address: 200 Greene Street • Key West,FL 33040 • Daytime Phone Number: (305) 294-2633 FAX Number: (305) 294-5671 • • CLERK OF COURT 30E289174S OS/24/05 11:58am P. 002 Special Category Project Progress &Expenditure Report Page Two • Progress Report 1. PROJECT STATUS Please Indicate Below the Project Work that was undertaken during this reporting period: Project *Advertising for Aiidvertising for or ❑ Musuem ❑ Archaeologi Planning or or Selection of Selection of Contractors for Exhibit Field Work Research Professional Construction Services Fabrication Services (architects, • consultants, etc.) ❑ Project ❑ Other project ❑ No project related work Construction related activities undertaken or accomplished Work this period 2. DESCRIPTION OF PROJECT WORK Please describe in space provided below the project related work initiated or accomplished during this reportir period: Please attach photographs documenting the work accomplished where such documentation is applical • Design of project elements continues. Compliance with historic preservation standards, Miami/Dade hurricane construction codes, and cost estimating dominate project activities. • • • • 3. PROJECT RELATED DOCUMENTS Please list below any additional documents that have been sent to the Department during this reporting perioc Please note that the Division staff must review and approve all construction drawings, project specifications, museum exhibit plans, draft contracts for consultant or construction services or archaeological research desig Documents to be reviewed should be sent to the attention of your grants manager. • Design plans, window plans, cornice skates and construction materials submitted for approval. Contracts with architect and construction manager. CLERK OF COURT 3052881745 08/24/0S 11:S8am P. 003 • • Special Category Project Progress &Expenditure Report Page Three 4. PROJECT WORK ACCOMPLISHED (FINAL REPORT ONLY) Briefly describe the project work actually accomplished and indicate any variations from that originall; planned. Please attach photographs of the finished work where such documentation is applicable. Photographs showing the"before and after" perspectives of the project work are requested. CLERK OF COURT 9052891745 08/24/0S 11:S8am P. 004 Special Category Project Progress & ►enditure Report ?age,•. `our Expenditure Report 1. Review - A. Grant funds expended this Period $ g Si is . v Z B. Local Cost Share claimed in this report $ t 1t�O ' ©0 C. Total expenditures claimed in this report $ 2. Grant Summary A. Total grant funds expended to date $ ' B. Total Local Cost Share expended to date $ec-1,'I DD. D O C. Total expenditures to date SA() t'18 ,g2 3. Interest / • A. Interest earned on advanced payment funds this Reporting Period $ /03.C.77 (Interest earned must be remitted Quarterly. Please make interest checks payable to the Florida Department of State) • B. Rate at which interest was earned VAPitliC 4. Please attach copies of bank statement or other documentation to verify the expenditure of grant funds and the interest earned on advanced grant funds 5. Certification: I certify that 'e best of my knowledge the information reported herein is correct, that all goods and •services inv have been received, and that all outlays were made in accordance with grant conditic W.30/20,Y Signature •• Authorized Person Date i CLERK OF COURT 305289174S 08/24/0S 11:Seam P. 005 Special Category Prjoect Progress&Expenditures Report Page 6. Grant Funds Expenditures (DO NOT CLAIM OR LIST INTEREST EARNED ON ADVANCED FUNDS) CHECK PURPOSE OF NUMBER& AMOUNT VENDOR NAME EXPENDITURE* DATE CLAIMED 66672 Kha Le-Huu Roof 10/31/02 $2,150.58 66672 Kha Le-Huu Roof 10/31/02 $1,672.67 66672 Kha Le-Huu Windows 10/31/02 $1,672.67 66672 Kha Le-Huu Roof 10/31/02 $2,657.58 66673 Kha Le-Huu Windows 10/31/02 $1,816.08 66718 Kha Le-Huu Windows 11/19/02 $2,837.46 66728 Kha Le-Huu Electrical 11/19/02 $13,594.96 66728 Kha Le-Huu Windows 11/19/02 $2,486.55 66729 Kha Le-Huu Elevators 11/19/02 $1,754.17 67001 Kha Le-Huu Roof 01/22/03 $4,898.83 67001 Kha Le-Huu Windows 01/22/03 $212.82 67001 Kha Le-Huu Concrete Spalling 01/22/03 $1,515.46 TOTAL GRANT FUNDS EXPENDED THIS PERIOD Sub Total This Page $37,269.83 7 Attach additional pages for Grant Funds Expenditures as necessary *The purpose of each expenditure must be stated clearly and in sufficient detail for the Division to determine if the expenditure is allowable. Attach invoices marked paid for any items which were paid for in cash (as opposed to paid by check) and attach CLERK OF COURT 8052891745 06/24/05 11:S6am P. 006 Special Category Prjoect Progress&Expenditures Report Page 6. Grant Funds Expenditures(DO NOT CLAIM OR LIST INTEREST EARNED ON ADVANCED FUNDS) CHECK PURPOSE OF NUMBER& AMOUNT VENDOR NAME EXPENDITURE* DATE CLAIMED 67001 Kha Le-Huu Electrical 01/22/03 $1,515.46 67244 Kha Le-Huu Roof 03/14/03 $2,365.00 67244 Kha Le-Huu A&E Roof 03/14/03 $19,724.18 67244 -\ Kha Le-Huu A&E Roof 03/14/03 $3,889.55 67247 Kha Le-Huu A&E Roof 03/14/03 $1,298.82 67248 Kha Le-Huu Abestos 03/14/03 $1,870.00 67248 Kha Le-Huu A&E Roof 03/14/03 $17,815.98 TOTAL GRANT FUNDS EXPENDED THIS PERIOD TOTAL THIS PAGE $48,478.99 v. Attach additional pages for Grant Funds Expenditures as necessary *The purpose of each expenditure must be stated clearly and in sufficient detail for the Division to determine if the expenditure is allowable. Attach invoices marked paid for any items which were paid for in cash (as opposed to paid by check) and attach CLERK OF COURT 30528E174S 06/24/06 11:S6am P. 007 • • Special Category Project Progress &Expenditure Report Page Six 7. Local Cost Share DATE LOCAL COST AMOUNT DESCRIPTION OF LOCAL COST SHARE ITEM SHARE WAS CLAIMED EXPENDED OR INCURRED 3IlEL171 PO FL)Re'ttASE - Sr7ioo �O/�cA1E /-2A lit 02Deg2© a ,goo`" • • • • • • • TOTAL LOCAL COST SHARE CLAIMED THIS PERIOD os PS- leo • Attach additional pages for Local Cost Share documentation as necessary. • F MEL FISHER ws. MARITIME IlEErFAQE SOCIETY INC. 200 GREENE STREET, KEY WEST, FL 33040 (305)294-2633 FAX (305) 294-5671 September 16, 2005 Sandra L. Mathena, CIA, CFE, CPA Director of Internal Audit • Clerk of the Circuit Court Monroe County • 500 Whitehead Street, Suite 101 Key West, Florida 33040 0 Dear Ms. Mathena, • Thank you for your recent'correspondence regarding the County Finance Department's audit of our grants. Our response is enclosed. Just to recap: When we met with TDC and County staff on November 19th 2003, to discuss the grant for$311,900, all parties agreed that the TDC would reimburse at the rate of 50% because the match—although it was in place—was not spent. These monies have now been spent and MFMHS should be reimbursed for the remainder of the County's portion. Even going by the county's spreadsheet for what costs were "allowable,"payments are still in arrears in the amount of roughly $40,000. In the fall of 2004, the museum suffered several financial losses due to the downturn in tourism, following the hurricanes. In order to remain stable at this time, all administrative and creative staff were laid off, leaving only admissions and guarding staff on the payroll. Severely reduced hours were maintained throughout the fall across.all departments. This deeply affected the accounting department, which worked with a skeleton and/or volunteer crew for this period. One person took an extended, unpaid vacation, another found alternative employment. While deposits from museum receipts were being tracked, no additional work, such as bank reconciliations, was being • performed. This has led to some confusion and to the executive director, Madeleine Burnside, relying on primary documents without being able to double check—admittedly, this should not he necessary. Nevertheless, with some staff volunteering to assist we were able to deliver the required project paperwork to the TDC office by October 8, 2004 as required. Please understand further, that at the time in which staff was trying-to assemble reports on the roof project, the roof itself was partially torn off. Key West was evacuated more than once, and staff repeatedly left the island. When they returned, offices were soaked with rain water and documents which had been pulled from file cabinets placed in higher The Mel Fisher Maritime Heritage Society is an Independent not-for-profit 501(c)3 organization,dedicated to exhibition,education,archeology, preservation and research of maritime history in the New World. • • locations and bagged in plastic had to be resorted in a very short amount of time in order to meet the paperwork deadline. Some mistakes may have been made. We contend that the volume of paperwork produced under those circumstances was actually of excellent quality overall. However, not only did the hurricanes delay the rebuilding of the roof itself, but added to the,work load and confusion. The lack of clear direction in reporting from the TDC has created a situation in our grants where many questions have arisen. The lack of prompt reimbursement on invoices in which no error has been found has placed an undue hardship on our organization. We are not alone in this and I ask you on behalf of non-profits throughout the county to examine your procedures and requirements and articulate them into a handbook for grantees. This will benefit the grantees and streamline the processing effort in the county finance office. While county finance department staff-has always been entirely professional and pleasant to work with,the process itself has taken an inordinate amount of time. This in turn has • placed a financial burden on the museum in addition to the burden placed by the fact the hurricanes so delayed construction. There are many outstanding bills that we had - •1 expected to send for the TDC for reimbursement, but which we received beyond the grant period. S • We look forward to meeting soon to resolve the outstanding payment issues. Sincerely, '. ' . • Madeleine H. Burnside ' • . Executive Director • cc: Danny Kolhage, erk- the Court - ' .r„,,f 4,. ftei, \Vest Siniontn.n ct Office' ?:)0-i55?.5 • Bonli:v rd Office: 296-17 • T\cy \Vest Winn Dixie ill l;c:c, 2f00 ; . Old '1,win Ofticc: 29o-85 5 • Stock Island Office::• 290;-7 ; • Sucorlool.010ce: 744-0L06 • `,urnrleri:u;d <!tti:c: .. ,.{- 4 T 13iL�. fine Shopping Center Office: R72--I-'78 • Big Pine Winn Di:\i,. Office: 872-8,>5 • Marathon Offi,.,.. -.?.:-;9 •. Islamnrid,+ Office: 66•1-9070 • Kcj I_;trz�., Office: S52.20701 • K.t:' I-.au•**�:�`Iladcv.-ind•: Plaza Office.: 45I--;!i- ', N KevsBank.cunt • 24 Hour Account Tnfnrul'tion Line; 293-0000 or 1-P E151-(256 • 35 U.M, Combined Period Ending 10-31-04 Lead Acct. 1010100317 Enclosures 162 MEL FISHER MARITIME HERITAGE SOCIETY INC DBA MEL FISHER MARITIME MUSEUM 200 GREENE STREET KEY WEST FL 33040 BUSINESS CHECKING ACCOUNT 1010100317 Previous Balance 9-30-04 17,701.68 • +Deposits/Credits 186 196,404.22 -Checks/Debits 179 95,351.21 -Service Charge .00 current Balance • 118,754.69 <--- DEPOSITS AND OTHER ACTIVITY Date Bank Code Description Amount 10-01 6 DEBIT MEMO 1.00- 10-05 7 DEPOSIT 201.77 10-05 7 DEPOSIT 1205.75 10-05 7 DEPOSIT 1119.00 10-05 7 DEPOSIT • 1075.00 10-05 7 DEPOSIT 327.05 10-05 7 DEPOSIT 177.10 10-05 10 DEPOSIT 150.65 10-05 10 DEPOSIT 950.00 10-05 10 DEPOSIT 766.50 10-07 3 DEPOSIT 333.69 10-07 3 DEPOSIT 843.50 10-07 3 DEPOSIT 359.27 10-07 3 DEPOSIT 1209.50 h 10-07 3 DEPOSIT 50.40 10-07 3 DEPOSIT 409.00 10-08 9 DEPOSIT 641.00 10-08 9 DEPOSIT 420.00 - 10-08 12 DEPOSIT 1350.00 10-08 12 DEPOSIT 1092.26 10-12 10-12 5 DEPOSIT 5 DEPOSIT 1000.00 234.58 J 10-12 5 DEPOSIT 1061.00 10-12 5 DEPOSIT 226.27 10-12 5 DEPOSIT 160.56 10-12 5 DEPOSIT 1472.50 10-12 14 DEPOSIT 4527.09 10-12 14 DEPOSIT 1354.50 10-13 9 DEPOSIT 1213.00 10-13 9 DEPOSIT 1051.45 10-13 11 DEPOSIT 102926.56 10-13 12 DEPOSIT 315.18 10-13 12 DEPOSIT 244.50 10-14 9 DEPOSIT 111.63 10-14 9 DEPOSIT 856.00 • 10-14 9 DEPOSIT 1354.50 10-14 9 DEPOSIT 17762.50 10-14 9 DEPOSIT 100.00 10-14 9 DEPOSIT 137.32 10-19 11 DEPOSIT 991.75 10-19 11 DEPOSIT 337.77 10-19 11 DEPOSIT 436.00 - 10-19 14 DEPOSIT 1032.50 continued on Next Page I h1/, ,r 11 n r*, ° K.ry Wust Siniontu; -t Office: 296-85 5 • B,nllevard Office: '296--`•. - itie' West: Wino Divie. Office: '964:.,5;5 " ® Oki Town Office: 296-85_5 • Stock Isitt id.Office: �'96-85+5 • SugarloafOffice: 4 4- 'l l 1 l:'... � ii U_J� • Stn n cli<utd (.)ffi:�. �#�-__ � , TE l,i` Pine Shopping Center Office: 87'2-477 • Big fine `Finn Dixie Office: t 72..SS3, a " -3 _� I lC • Marathon CJIii_�: :_b9- �cl r I,farnoi i l: Office: 664-9070 • Key I u-�u Office: 852-2O70 •• Key Lang()g;;Tradetvinds PI�Iza ()like: 1;i-30 i Kev.Bank.com • 24 flour.\cenunl Information Line: 293-0000 or 1} 451-fi SG • 35:J Is Combined Period Ending 10-31-04 • Lead Acct. 1010100317 Enclosures 162 MEL FISHER MARITIME HERITAGE SOCIETY INC DBA MEL FISHER MARITIME MUSEUM 200 GREENE STREET KEY WEST FL 33040 • 10-19 14 DEPOSIT 327.60 10-19 14 DEPOSIT 1130.00 10-19 14 DEPOSIT 203.90 10-19 14 DEPOSIT 975.50 10-19 • 14 DEPOSIT 162.38 10-20 8 DEPOSIT 50.00 10-20 9 DEPOSIT 1317.25 10-20 9 DEPOSIT 148.38 10-20 9 DEPOSIT 164.74 10-20 9 DEPOSIT 1074.50 10-20 9 DEPOSIT 171.56 10-21 7 DEPOSIT 1026.50 10-21 7 DEPOSIT 513.50 10-21 8 DEPOSIT 192.82 10-21 8 DEPOSIT 91.16 10-21 8 DEPOSIT 1000.00 10-26 9 DEPOSIT 8265.48 10-26 9 DEPOSIT 119.74 10-26 9 DEPOSIT 1051.00 10-26 9 DEPOSIT 1264.50 10-26 10 DEPOSIT . 220.91 10-26 10 DEPOSIT 214.60 10-26 10 DEPOSIT 1063.50 10-26 10 DEPOSIT 2412.00 • 10-27 6 DEPOSIT 208.74 10-27 6 DEPOSIT 534.50 10-27 6 DEPOSIT 1293.00 10-27 7 DEPOSIT 300.00 10-27 9 DEPOSIT 1045.00 10-27 9 DEPOSIT 218.28 10-27 9 DEPOSIT 261.22 10-27 9 DEPOSIT 100.00 10-28 6 DEPOSIT 886.50 10-28 6 DEPOSIT 749.21 CHECKS PAID Ck. No. Date Amount Ck. No. Date Amount 69058 10-26 131.25 69268 10-22 866.78 69246*10-12 50.00 69269 10-08 1075.05 69247 10-20 160.00 69270 10-08 1305.35 69253*10-05 300.00 69271 10-19 74.97 69254 10-01 6.81 69272 10-15 570.00 69255 10-01 163.22 69273 10-15 262.74 69256 10-04 81.00 69274 10-21 221.00 • 69258*10-13 645.00 69275 10-20 64.00 69259 10-04 1388.51 69276 10-19 75.00 69260 10-19 2456.40 69277 10-19 822.91 69261 10-05 125.83 69278 10-19 87.00 69262 10-08 338.66 69279 10-21 65.00 69263 10-07 300.00 69280 10-15 251.81 69264 10-07 205.00 69281 10-19 160.00 69265 10-13 6719.90 69282 10-22 894.85 69266 10-19 291.66 69283 10-20 200.00 69267 10-14 125.83 69284 10-25 891.39 Continued on Next Page SEE REVERSE SIDE FOR IMPORTANT INFnRMt4TinN Key West Simonton .et Office: 29(-8535 • Boulevard Office: 216•E • Key West Winn Dixie Office: •,96- ; ;•; FIRST - , .s.• Old ':own Office: 296-8535 •Stock Island Office: 296-8535 • Sugarloaf Office: 74.4-0206 • Sumrnerltund Office: 7i5-2;I.. - STATE Big Pine Shopping Center Office: 872-4778 •Big Pine Winn Dixie Office: 87 2-8836 • Marathon Office: 2%h9 +3 h I,,lamorada Office: 664-9070 • Key Largo Office: 852-2070 • Key Largo Traclewindr: Plaza Office: .'-. 1--.if13? L'"-"14K KeysBank.com • 24 Hour Account Information Line: 293-0000 or 1-Fravt5I-(4;56 • 35 ATMs Combined -- Period Ending 10-31-04 Lead Acct. 1010100317 Enclosures 162 MEL FISHER MARITIME HERITAGE SOCIETY INC DBA MEL FISHER MARITIME MUSEUM 200 GREENE STREET KEY WEST FL 33040 • 69285 10-22 207.25 90712 10-21 250.73 69286 10-26 101.50 90713 10-04 131.28 69287 10-19 280.00 90714 10-05 126.76 69288 10-19 154.28 90715 10-05 471.29 69289 10-19 245.00 90716 10-04 283.78 69290 10-20 343.88 90717 10-04 121.35 69291 10-15 4851.20 90718 10-04 251.29 69292 10-20 37.00 90719 10-04 294.04 69293 10-20 243.28 90720 10-05 487.73 69294 10-20 16.00 90721 10-04 226.33 69295 10-19 125.83 90722 10-05 53.21 69296 10-19 135.00 90723 10-12 318.96 69297 10-19 5002.64 90724 10-13 463.18 69298 10-21 75.00 90725 10-13 256.84 • 69299 10-18 632.70 90726 10-14 201.93 69315*10-25 64.00 90727 10-12 499.85 69316 10-25 6.33 90728 10-14 282.54 69318*10-27 65.00 90729 10-12 131.28 69319 10-27 66.53 90730 10-13 126.76 69320 10-26 46.62 90731 10-14 471.29 69321 10-27 116.20 90732 10-12 267.54 69322 10-25 119.00 90733 10-12 121.35 69323 10-25 161.52 90734 10-12 251.29 69324 10-27 72.00 90735 10-12 294.04 69326*10-26 72.87 90736 10-14 534.01 69329*10-28 143.52 90737 10-12 226.33 69330 10-28 110.05 90738 10-19 259.95 . 69331 10-26 61.59 90739 10-19 290.97 69332 10-28 1409.74 90740 10-19 256.84 69333 10-22 285.00 90741 10-20 290.30 ' 69334 10-25 184.82 90742 10-18 301.47 69335 10-25 300.00 90743 10-15 1269.54 69338*10-25 4115.99 90744 10-20 469.01 69339 10-29 122.70 90745 10-22 225.26 69340 10-27 146.78 90746 10-19 499.85 69342*10-27 215.94 90747 10-21 262.09 69343 10-29 133.70 90748 10-18 131.28 69344 10-25 1000.00 90749 10-19 126.76 69345 10-25 1503.00 90750 10-19 471.29 69346 10-28 119.89 90751 10-18 900.13 69347 10-29 412.50 90752 10-18 283.78 69348 10-26 125.83 90754*10-18 121.35 --- 69349 10-25 64.30 90755 10-18 251.29 69350 10-28 1112.99 90756 10-19 629.19 69351 10-27 160.00 90757 10-18 294.04 69352 10-27 572.42 90758 10-19 568.28 69361*10-29 585.49 90759 10-19 487.73 • 69366*10-29 285.00 90760 10-18 277.05 90662*10-06 225.26 90761 10-18 226.33 90697*10-21 200.74 90762 10-21 104.19 90708*10-05 257.82 90763 10-25 276.96 90709 10-06 282.99 90764 10-26 344.16 90710 10-06 256.84 90765 10-26 256.84 90711 10-01 499.85 90766 10-27 290.30 Continued on Next Page SEE REVERSE SIDE FOR IMPORTANT INFORMATION 1 �",� I°:ey West Simonton et Office: 296-853; • Boulevard Office: 296 • .Key West Winn Dixie Office: 29n-85, 5 �'` �A �."Y' Old 'Town Office: 296-8535 • Stook Island Office: 296-8535 • SucarloatOffice: 714-0206 • Summeriand Office: 7•15-2.51-1 SUITEBig Pine Shopping Center Office: 872-4778 • Big Pine Winn Dixie Office: 8 7 2-8836 • Marathon Office: 289-4393 NKlslaninrada Office: 06. -9070 •• Key Larcu Office 852-2070 • Key Largo Tradewitids Plaza Office: 451.3033 !' KevsBank.cum • 24 Hour Account information Line: 293-0000 or 1-Wgo51.-6556 •35 AT MS Combined Period Ending 10-31-04 Lead Acct. 1010100317 Enclosures 162 MEL FISHER MARITIME HERITAGE SOCIETY INC DBA MEL FISHER MARITIME MUSEUM 200 GREENE STREET KEY WEST FL 33040 • • 90767 10-25 301.47 90780 10-25 251.29 90768 10-25 1269.54 90781 10-26 629.19 90769 10-27 469.01 90782 10-25 294.04 90771*10-25 499.85 90783 10-26 568.28 90772 10-28 325.71 90784 10-26 487.73 90774*10-26 126.76 90785 10-25 277.05 90775 10-25 471.29 90786 10-25 226.33 90776 10-25 900.13 90787 10-26 104.19 90777 10-25 283.78 90793*10-29 301.47 90779*10-25 121.35 • * Gap in check number sequence ATM AND ELECTRONIC ACTIVITY Date Bank Code Description Amount 10-01 40930 AMERICAN EXPRESS SETTLEMENT 20.00 10-01 40930 AMERICAN EXPRESS SETTLEMENT 27.94 10-01 11001 MERCHANT BNKCD DEPOSIT 27.40 10-01 11001 MERCHANT BNKCD DEPOSIT 143.00 10-04 21004 MERCHANT BNKCD DEPOSIT 57.91 10-04 21004 MERCHANT BNKCD DEPOSIT 128.50 10-04 21004 AMERICAN EXPRESS SETTLEMENT 30.00 10-04 21004 AMERICAN EXPRESS SETTLEMENT 43.00 10-04 21004 DISCOVER NETWORK SETTLEMENT 11.73 10-04 21004 AMERICAN EXPRESS SETTLEMENT 20.00 10-04 21004 AMERICAN EXPRESS SETTLEMENT 122.26 10-04 11004 MERCHANT BANKCD FEE 59.95- 10-04 21004 DISCOVER NETWORK SETTLEMENT 12.50- 10-05 41004 MERCHANT BNKCD DEPOSIT 42.95 10-05 41004 MERCHANT BNKCD DEPOSIT 74.50 10-05 41004 DISCOVER NETWORK SETTLEMENT 40.00 10-05 11005 AMERICAN EXPRESS SETTLEMENT 19.00 10-05 11005 MERCHANT BNKCD DEPOSIT 78.42 10-05 11005 MERCHANT BNKCD DEPOSIT 436.00 10-05 41004 MERCHANT BNKCD DISCOUNT . 114.98- 10-05 41004 MERCHANT BNKCD DISCOUNT 118.04 • - 10-05 41004 MERCHANT BNKCD DISCOUNT 8.04- 10-05 41004 MERCHANT BNKCD FEE 23.75- 10-05 41004 MERCHANT BNKCD FEE 19.50- 10-05 41004 MERCHANT BNKCD FEE 8.00- 10-05 41004 AMERICAN EXPRESS AXP DISCNT 26.04- 10-06 41005 AMERICAN EXPRESS SETTLEMENT 100.00 10-06 41005 DISCOVER NETWORK SETTLEMENT 20.00 10-06 41005 DISCOVER NETWORK SETTLEMENT 12.88 10-06 11006 MERCHANT BNKCD DEPOSIT 15.32 10-06 11006 MERCHANT BNKCD DEPOSIT 140.00 10-06 31005 IRS USATAXPYMT 1357.85- 10-07 41006 AMERICAN EXPRESS SETTLEMENT 20.00 10-07 41006 AMERICAN EXPRESS SETTLEMENT 31.15 10-07 41006 DISCOVER NETWORK SETTLEMENT 28.50 10-07 41006 DISCOVER NETWORK SETTLEMENT 225.75 10-07 11007 MERCHANT BNKCD DEPOSIT 493.11 10-07 11007 MERCHANT BNKCD DEPOSIT 299.50 10-08 41007 DISCOVER NETWORK SETTLEMENT 40.00 Continued on Next Page SEE REVERSE SIDE FOR IMPORTANT INFORMATION 1Cey Wear SinwntoIt et Of•f•ice: 2t46-5�35 • Boulevard Office: 2_96 , Key West Winn Dixie Offi.:::: 9,:}. i.1'i F • 1 "' .' Old Town Office: 96 85 35 • Stock II incl OU'ice: 2 6-R5 j•• Su`rarlottf Office: 7 f''f 020c • .Surunnrf.0 d Ot!ier: 745-2 f Big Pine Shopping Center Office: 57' 4 775 • Big Pine Winn Dixie Office: 872-8836 • Marathon Office: 289-4 9.; f>l:unoruda Office: 664-9070 • Key L;u_ Office: 852-21.)70 • Key Largo Tra.ae�.,•incl�, f•'it:za Office. . l- 0 >fi': Key'sBank.eom • 24 Hour -account Information Line: 293-0000 or 1.-ll?'i(13d51-(656 • 35 ATMs Combined ,- Period Ending 10-31-04 Lead Acct. 1010100317 Entlosures 162 MEL FISHER MARITIME HERITAGE SOCIETY INC DBA MEL FISHER MARITIME MUSEUM 200 GREENE STREET KEY WEST FL 33040 10-08 41007 DISCOVER NETWORK SETTLEMENT 62.19 10-08 41007 AMERICAN EXPRESS SETTLEMENT 58.50 10-08 41007 AMERICAN EXPRESS SETTLEMENT 22.52 10-08 21008 MERCHANT BNKCD DEPOSIT 135.76 10-08 21008 MERCHANT BNKCD DEPOSIT 180.50 10-12 41008 AMERICAN EXPRESS SETTLEMENT 40.00 10-12 41008 DISCOVER NETWORK SETTLEMENT 20.00 10-12 11012 AMERICAN EXPRESS SETTLEMENT 80.00 10-12 11012 AMERICAN EXPRESS SETTLEMENT 79.00 10-12 11012 MERCHANT BNKCD DEPOSIT 12.85 10-12 11012 MERCHANT BNKCD DEPOSIT 276.00 10-12 21012 MERCHANT BNKCD DEPOSIT 399.27 10-12 21012 MERCHANT BNKCD DEPOSIT 170.00 10-12 21012 MERCHANT BNKCD DEPOSIT 228.98 10-12 21012 MERCHANT BNKCD DEPOSIT 311.50 10-13 11013 MERCHANT BNKCD DEPOSIT 1394.12 10-13 11013 MERCHANT BNKCD DEPOSIT 821.50 10-13 11013 DISCOVER NETWORK SETTLEMENT 60.00 10-13 11013 AMERICAN EXPRESS SETTLEMENT 10.00 10-13 31012 IRS USATAXPYMT 1688.42- 10-14 41013 DISCOVER NETWORK SETTLEMENT 47.30 10-14 41013 AMERICAN EXPRESS SETTLEMENT 20.00 10-14 21014 MERCHANT BNKCD DEPOSIT 225.17 10-14 21014 MERCHANT BNKCD DEPOSIT 290.50 10-15 41014 AMERICAN EXPRESS SETTLEMENT 86.00 10-15 41014 AMERICAN EXPRESS SETTLEMENT 261.65 10-15 11015 MERCHANT BNKCD DEPOSIT 233.50 10-15 11015 MERCHANT BNKCD DEPOSIT 12.00 10-15 11015 AMERICAN EXPRESS ELEC REMIT 7718.41- 10-18 41015 AMERICAN EXPRESS SETTLEMENT 20.00 10-18 41015 DISCOVER NETWORK SETTLEMENT 34.50 10-18 11018 AMERICAN EXPRESS SETTLEMENT 30.00 10-18 11018 AMERICAN EXPRESS SETTLEMENT 27.90 10-18 11018 MERCHANT BNKCD DEPOSIT 344.97 10-18 11018 MERCHANT BNKCD DEPOSIT 357.50 10-18 11018 MERCHANT BNKCD DEPOSIT 12.00 10-19 41018 DISCOVER NETWORK SETTLEMENT 17.00 10-19 41018 DISCOVER NETWORK SETTLEMENT 142.98 10-19 41018 DISCOVER NETWORK SETTLEMENT 93.00 10-19 41018 DISCOVER NETWORK SETTLEMENT 55.84 10-19 41018 AMERICAN EXPRESS SETTLEMENT 49.00 10-19 41018 AMERICAN EXPRESS SETTLEMENT 38.10 10-19 41018 MERCHANT BNKCD DEPOSIT 439.03 10-19 41018 MERCHANT BNKCD DEPOSIT 457.50 10-19 21019 MERCHANT BNKCD DEPOSIT 586.52 10-19 21019 MERCHANT BNKCD DEPOSIT 745.50 10-19 21019 CANON FINANCIAL ACH PAYMTS • 885.50- 10-20 41019 AMERICAN EXPRESS SETTLEMENT 18.00 10-20 41019 AMERICAN EXPRESS SETTLEMENT 104.21 10-20 21020 MERCHANT BNKCD DEPOSIT 153.95 10-20 21020 MERCHANT BNKCD DEPOSIT 146.00 10-20 • 31019 IRS USATAXPYMT 4084.05- 10-21 41020 AMERICAN EXPRESS SETTLEMENT 20.00 10-21 21021 MERCHANT BNKCD DEPOSIT 89.26 Continued on Next Page SEE REVERSE SIDE FOR IMPORTANT INFORMATION is I Key West Simonton _t Office: 296-8535 •Boulevard Office: 296-8 • Key West Winn Dixie_ Office..: 296-:,5',5 .." Old Town Office: 196-8535 • Stock Island Office: 296-8535 • Sugarloaf Office: 744-0206 • Si mm?rland Office. 71i.2 i-t --; -ice Big Pine Shopping Center Office: 872-+778 • Big Pine Winn Dixie Office: 872-8836 • Marathon Office•: :'-'y-.4_91? `,. Islarnorada Office: 664-9070 • Key Largo Office: 852..2070• Key Largo Tradewinds Plaza Office: 451.30°' Key..Bank.com • 24 Hour Account information .Lice: 293-0000 or 1- 451-frjS6 • 35.ATMs Combined Period Ending 10-31-04 Lead Acct. 1010100317 Enclosures 162 MEL FISHER MARITIME HERITAGE SOCIETY INC DBA MEL FISHER MARITIME MUSEUM 200 GREENE STREET KEY WEST FL 33040 • 10-21 21021 MERCHANT BNKCD DEPOSIT 202.00 10-22 41021 DISCOVER NETWORK SETTLEMENT 20.00 10-22 11022 MERCHANT BNKCD DEPOSIT 238.60 10-22 11022 MERCHANT BNKCD DEPOSIT 149.00 10-25 41022 AMERICAN EXPRESS SETTLEMENT 60.00 10-25 21025 AMERICAN EXPRESS SETTLEMENT 76.00 10-25 21025 AMERICAN EXPRESS SETTLEMENT 126.86 10-25 21025 MERCHANT BNKCD DEPOSIT 45.09 10-25 21025 MERCHANT BNKCD DEPOSIT 233.00 10-25 21025 MERCHANT BNKCD DEPOSIT 134.00 10-26 41025 AMERICAN EXPRESS SETTLEMENT 38.00 10-26 41025 AMERICAN EXPRESS SETTLEMENT 110.06 10-26 41025 DISCOVER NETWORK SETTLEMENT 17.00 10-26 41025 DISCOVER NETWORK SETTLEMENT 38.66 10-26 41025 DISCOVER NETWORK SETTLEMENT 20.00 -- 10-26 51025 MERCHANT BNKCD DEPOSIT 84.91 10-26 51025 MERCHANT BNKCD DEPOSIT 233.00 10-26 21026 MERCHANT BNKCD DEPOSIT 243.77 10-26 21026 MERCHANT BNKCD DEPOSIT 675.00 10-27 41026 AMERICAN EXPRESS SETTLEMENT 26.00 10-27 11027 MERCHANT BNKCD DEPOSIT 119.02 10-27 11027 MERCHANT BNKCD DEPOSIT 189.00 10-27 31026 IRS USATAXPYMT 4159.09- 10-27 41026 AMERICAN EXPRESS AXP DISCNT 25.91- 10-28 41027 DISCOVER NETWORK SETTLEMENT 45.09 10-28 41027 AMERICAN EXPRESS SETTLEMENT 20.00 10-28 41027 AMERICAN EXPRESS SETTLEMENT 42.95 10-28 21028 MERCHANT BNKCD DEPOSIT 154.42 10-28 21028 MERCHANT BNKCD DEPOSIT 228.00 10-28 21028 MERCHANT BNKCD DEPOSIT 15.00 10-29 31028 AMERICAN EXPRESS SETTLEMENT 40.00 10-29 11029 MERCHANT BNKCD DEPOSIT 55.83 10-29 11029 MERCHANT BNKCD DEPOSIT 107.00 10-29 21029 FLA DEPT REVENUE CUT 308.21- DAILY BALANCE SUMMARY Date Balance Date Balance Date . Balance 9-30 17701.68 10-01 17249.14 10-04 14812.51 10-05 19335.21 10-06 17500.47 10-07 21298.84 10-08 22582.51 10-12 32075.97 10-13 130212.18 10-14 149501.50 10-15 135170.95 10-18 132578.40 10-19 126413.22 10-20 123854.29 10-21 125810.78 10-22 123739.24 10-25 110830.76 10-26 123846.08 10-27 121781.66 10-28 120700.93 10-29 118754.69 __, continued on Next Page SEE REVERSE SIDE FOR IMPORTANT INFORMATION MEL FISITIER MARITIME HERITAGE SOCIETY Inc. o!!iA200 GREEIYE STREET, KEY WEST, FL 33040 • (305)294-2633 FAX (305) 294-5671 IOW 4 TASK ORDER-2003013 , Key West Naval Storehouse Project Mel Fisher Maritime Museum Project Architect Kha Lee Huu & Partners - ' • 4411 N. Orange Blossom Trail • - - Orlando, FL Architect to provide design,plans, and services in accordance with the contract between the • parties dated 1/13/2003 for the historic building at 200 Greene Street Key West to: • Restore historic building exterior consistent with the Key West Naval Storehouse(200 Greene Street) Historic Structures Report in compliance with US Secretary of the Interiors Standards for Historic Restoration. • • Repair and,renovate existing building structure and systems to provide • continued use as a museum open to the public. • ' Design additional systems as needed to meet current building and safety codes. • To obtain through project engineer approvals and certifications for-all elements 1 of the restoration, repair and renovation project. • To create documents sufficient to obtain building permits for elements k throughout the project , • To provide a phased project budget reflective of the work envisioned. • • To provide'a plan of sequenced trades and project elements to,eiciently complete the project. . • To locate spec materials and that meets or exceed both US Secretary of the Interiors Standards for Historic Restoration and the Florida Building Code. • To ensure all American with Disabilities Act (ADA) codes are complied with. • To select and oversee all members of the project team including but not limited to engineers, designers, construction management,administrative, etc. • To provide detailed billing sufficient to satisfy all funding parties. • To assist Mel Fisher Maritime Heritage Society staff in the preparation of applications for project funding by providing documents and materials as • required. • Other project re <'dtasks as required. �Ll /i� Madeleine H. Burnsid-. ' . D� Executive Director. • • The Mel Fisher Maritime heritage Society is an independent not-for-profit 501(c)3 organization,dedicated to exhibition,education,archeology, preservation and research of maritime history in the New World. • 4:Nair-42-- • • MiLL FISHER w� MARITIME HERITAGE SOCIETY INC. ,,, , t �,;fi � , 200 GREENE STREET, KEY WEST, FL 33040 ,-▪Nu , y, (305)294-2633 FAX (305) 294-567.1 • TASK ORDER-2003417 Key West Naval Storehouse Project - Mel Fisher Maritime Museum • Project Architect - Kha Lee Huu & Partners - , 4411 N. Orange Blossom Trail Orlando, FL Exhibition Designer ' • Staples and Charles, LTD • 225 North Fairfax Street • Alexandria, Virginia , - ' - Exhibition designer to provide design, plans,and services in accordance with the contract between Kha Lee Huu& Partners and MFMHS, Inc. dated 1/1312003 for the historic building at 200 Greene Street• • Key West to: :, - • • Provide planning for general exhibit needs. • Work with Project'Architect to ensure renovation of existing building structure and systems takes into account all existing and future exhibit needs(i.e. electrical,plumbing, • • central system video cabling, internet access, interior support wall for heavy exhibits, lighting design, etc.). • • Design exhibition installation to meet current building and safety codes. •• Design a phased exhibition project within the overall project budget. • Ensure compliance with the American with Disabilities Act(ADA)code in all exhibit • • , areas. • . Select and oversee members of the project team including, but not limited to additional ' designers, subcontractors, exhibition fabricators, administrative, etc. subject to MFMHS . approval. • Work with curatorial staff and scholarly teams to provide long-range exhibit planning. ' • Work with curatorial staff to,develop'handbook of exhibit style sheets. • Provide detailed billing sufficient to satisfy all funding parties. - ' • Assist Mel Fisher Maritime Heritage Society staff in the-preparation of applications for project funding by providing documents and materials as required. • Other project rela asks as required. - Madeleine H. Burnside. . D . Executive Director The Mel Fisher Maritime Heritage Society is an independent not-for-profit 501(c)3 organization,dedicated to exhibition,education,archeology, preservation and research of maritime history in the New World. - MEL fISITIER MARITIME IiERITAQE' SOCIET'i INC. t�.wrY Y 200 GREENE STREET, KEY WEST, FL 33040 `' (305)294-2633 FAX (305) 294-5671 TASK ORDER-2002007 • Key West Naval Storehouse Project Mel Fisher Maritime Museum • Construction Manager BW Sprague, Inc. 825 Duval Street Key West, Florida 33040• Overall Project . • To restore historic building exterior consistent with the Key West Naval Storehouse - (200 Greene Street)Historic Structures Report in -with US Secretary of the ' Interiors Standards for Historic Restoration. • Repair and renovate existing.building structure and systems to provide continued use as a museum open.to the public. . • ' For completed project to meet current building and safety codes. • To ensure all American with Disabilities Act(ADA) codes are met. • Project Assignments • • To assist MFMHS in project architect team search. • To provide construction management services for initial stages. • . • To assist in the search/selection process for a construction management firm for the multi-phased multi-year ongoing project. • ,To create documents sufficient to obtain building permits for elements thrpughout the project or until project architect absorbs this function. • 'To provide a project budget for the elements undertaken. ' • To be the liaison with city building department. . • • To review all cost estimates and material selections for"value engineering"purpose. • To provide counsel to MFMHS regarding effectiveness of materials selected for use on the propeity with respect to salt water exposure, durability and cost of ongoing maintenance. , • . -• • To provide a plan of sequenced trades and project elements to efficiently complete the project. •. To locate spec materials and,that meets or exceed both US Secretary of the Interiors Standards for Historic Restoration and the Florida Building Code. • Other project related to as required. - Madeleine H. Burnside. h. . Executive Director ' • • The Mel Fisher Maritime heritage Society is an independent not-for-profit 501(c)3 organization,dedicated to exhibition,education,archeology, preservation and research of maritime history in the New World. • INTERPRETIVE PLANNING Fs DE5l N FOR MUSLUMS STAPLES & CHARLES LTD • April 15, 2004 Dr. Madeleine Burnside • Executive Director Mel Fisher Maritime Museum 200 Green Street • Key West, FL 33040 Dear Madeleine: As we move forward with exhibition planning based on the work of the Think Tank in March, our billings will be based on the following hourly rates: Principals (Robert Staples and Barbara Fahs Charles) 5120.00 Senior designer 85.00 Designer 65.00 Coordinator 50.00 We look forward to working with you. Sincerely yours, gi.441-A:21f-iv Barbara Fahs Charles • • -, 225 NORTH 1`AIRFAX STREET ALF,XANDRIA, VIRGINIA 22314-2646 TEL: 703-683.0900 FAX; 703.683.2820 EMAIL: DF,$1GNR5TAPLESANDCHARLES.CQM c NM/r -03 • • It Um, Redd.Cmna& Munroe. P.A. • f 'fft-laiftriiM, • • • September 12, 2005 Melissa Kendrick Mel Fisher Maritime Heritage Society, Inc. 200 Greene Street Key West, Florida 33040 RE: Audit for the year ended September 30, 2004 Dear Melissa: We are waiting on the following information in order to complete the above-referenced audit: I. In-kind contributions • 2. Loan documentation for Robb loan Please contact me if you have any questions. • • Sincerely, • Bonnie T. Gandy, CPA BTG:stf l'atk;k •I I.lorida_!,'.11)1 • I irl,phonc ( s) ;-7N- 'A`i • I.a%1!••::•11 942-5,401 ,,r( itiliI ,-141,140.1r,.1),.! I.,,,wilant• • Oci418)r 44 'I 440 1.:W. s • COO • FISCAL YEAR 2001-2002 RESTORATION OF HISTORIC PROPERTIES SPECIAL CATEGORY PROJECTS APPROVED AND RANKED BY THE FLORIDA HISTORIC PRESERVATION ADVISORY COUNCIL I, C 1. H• uIS n ET AO uR•o IC r • PRESERVATION DIVISION OF HISTORICAL RESOURCES FLORIDA DEPARTMENT OF STATE Katherine Harris Secretary of State FISCAL YEAR 2001-2002 , RESTORATION OF HISTORIC PROPERTIES SPECIAL CATEGORY PROJECTS • APPROVED AND RANKED BY THE FLORIDA HISTORIC PRESERVATION ADVISORY COUNCIL f ' Department: Department of State Budget Entity: Division of Historical Resources Program Component Number: 0702.00.00.03 • Program Component Title: Historical, Archaeological and Folklife Appreciation Issue Title: Grants and Aids Special Category-Acquisition and Restoration of Historic Properties Fund: General Revenue Amount of Request: $17,216,358 This publication was printed with funding from the Florida Trust for Historic Preservation, a private non-profit corporation which provides direct support to the Division of Historical Resources. ` December 2000 4--- FISCAL YEAR 2001-2002 RESTORATION OF HISTORIC PROPERTIES SPECIAL CATEGORY PROJECTS Reason for the Recommendations • Florida's historic structures, archaeological sites and history museums are major contributors to the quality of life enjoyed by our citizens and visitors to our state. They are of substantial economic and educational value, contribute to urban revitalization, serve as sources of. recreation, give identity and a special "sense of place" to our communities, and provide us with important tangible links to our heritage. Historic buildings and archaeological sites are also being lost at an alarming rate. Since 1984, the Bureau of Historic Preservation, Division of Historical Resources, Department of State, has administered a grants-in-aid program for the restoration and rehabilitation of historic properties. This program has been supported primarily by general revenue funding from the Florida Legislature. While over one thousand four hundred (1,400) development projects have been assisted by this program, funding has not been adequate to provide many major restoration and rehabilitation projects (projects with funding needs in excess of$50,000) with the assistance they need. Often such projects involve properties of outstanding historical or architectural significance to the state or to particular regions or communities. Their restoration or rehabilitation and return to active service, perhaps with a different function than they originally had, not only permits preservation of their historical values, but also enables them to benefit many people as community centers, theaters, museums, government offices, classrooms, and other places of public use. Many of Florida's archaeological resources are of statewide, national and international significance. Major excavation projects involving such archaeological sites contribute valuable information to the body of scientific and historical knowledge about Florida's earliest inhabitants, early European contact with Florida's aboriginal cultures, as well as more recent events which are important to our history. An important secondary aim of such projects is to increase public awareness of the importance of our archaeological resources and of the need to assure their protection. Florida history museums promote knowledge and appreciation of Florida history through the collection, presentation, exhibition and interpretation of objects related to Florida history. They are instrumental in interpreting.Florida's social and cultural heritage to both state residents and visitors. In an effort to draw attention to the needs of historic sites and properties, as well as Florida history museums, and help them gain needed financial assistance, each year the Department of State solicits a special category of grant applications for major restoration and rehabilitation projects, major archaeological excavation projects, and major history museum exhibitions. Method of Selecting Properties Special category applications were solicited between April 1 and May 31, 2000. The solicitation was well publicized. All state agencies, local governments and private non-profit organizations had the opportunity to apply for assistance by the May 31 deadline. During this cycle, ninety-five (95) applications were received, representing funding assistance re uests totaling approximately $26,000,000. These applications were reviewed by the state istoric Preservation Advisory Council at a public meeting held in Tallahassee on September 19-21, 2000. Project: Key West Naval Storehouse Location: 200 Greene Street, Key West, Monroe County Applicant: Mel Fisher Maritime Heritage Society Significance: This five-story Naval storehouse built by the Penn Bridge Company for the U.S. Navy on the Key West Naval Station was constructed between 1909-1910. Unlike many such buildings the storehouse has classical detailing and the exterior concrete block veneer was cast and colored to imitate ashlar stone masonry. In 1987, treasure salvor Mel Fisher acquired the building and rented the major portion to the applicant for development of a maritime museum. Today that museum has the highest visitation of any history museum in the Southeast. The building was acquired by the applicant in September 2000. Public Accessibility: Open to the Public Upon Completion Anticipated Annual Visitation: 219,646 Description of Work: This project will rehabilitate the building for expanded museum use. The scope of work for which funding is requested includes: architectural and engineering services;permits; roof, soffit and gutter repairs; electrical system replacement; window repair/replacement; and repair of spalling concrete. Funding Assistance Requested: $259,900.00 OR. ••: • • _ . • • x • .: i'?.ey 1 ;�•. r :gyp I+= 1. l'� ,..X...: _ r ca1.1111 ■r 37 1 1 1 HISTORICAL RESOURCES GRANTS-IN-AID APPLICATION SG33' Q PAGE 7 Arr i,Gti4Gvh 30)PROJECT BUDGET GRANT MATCHING BUDGET ITEMS FUNDS FUNDS/LOCAL COST SHARE SUB-TOTAL Roof Monitor Restoration $141,600 $ $141,600 Masonry/Structural Repair-Concrete Spoiling $98,000 $ $98,000 Electrical Systems Infrastructure $85,400 $80,000 $165,400 Construction Coordinator $ $36,000 $36,000 Other Construction Activities 200 Greene Street TDC Renovation/Repair/Rehabilitation Capital Grant $231,900 $231,900 Building Permits/Fees $ $ 14,400 $ 14,400 . • . $ $ $ $ $ $ $ $ $ 1 $ $ $ lt $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 1 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ TOTALS $325,000 $362,300 $687,300 _ Responses to Monroe County Draft • Audit Dated August 30, 2005 • • Responses by Audit Finding • • Exhibits 1 through 6 • • • Responses to Monroe County Draft Audit Dated August 30,2005 Page 1 of 12 A. This billing was prepared on 10/27/2004 and projected the 4 remaining days of the grant period (to 10/31/2004). MFMHS was repeatedly told by the TDC office that the paperwork for our final reimbursement request must be in the TDC office on October 29, 2004, despite the fact that the grant period was extended to October 31, 2004. To meet that demand, the paperwork needed to be prepared and signed by all parties two days in advance (October 27) so it could be hand delivered to the TDC office on October 29, 2004. Work on the roof continued throughout the weekend (Saturday 10/30 & Sunday 10/31) and the bill only includes the days up to the end of the month. Clarification of this was previously provided by Heery International in their letter dated July 20, 2005 which is included in your documentation as Exhibit D. MFMHS never requested a project billing for the "remainder of the project". Madeleine Burnside certified that the check for$153,544.47 was paid out, and she fully believed this to be true. She had no reason to believe that Heery International would fail to pick up the check in person as had been their custom. She submitted the paperwork to the TDC as soon as the check was cut and did not find out that Heery had not picked it up until the time of the county finance audit. No one from Heery ever mentioned that they did not get the check, although they did originally ask MFMHS to provide it. Whether Heery processes checks locally or at their head office in Atlanta is something of which MFMHS has no knowledge or control. Check#1009 was submitted as match to the TDC on 10/27/2004 via hand delivery. The TDC did issue BOCC ck# 208294 for$212,392.18 on 5/3/2005 —six months and 5 days later. This was long after the County audit had commenced. MFMHS had no reason to conclude that there was anything wrong with the documentation. At the point of certification, Burnside believed that the amounts paid on check numbers 1011, 1012, 1013 were for ongoing work beyond the TDC grant period. We had no expectation of submitting them to the TDC for reimbursement, since they were outside the grant period. On October 30th the museum had $144,084.82 in the construction account at Key West Bank. If the $153,544.47 had been presented and caused a potential overdraft we would expect the bank to telephone the office and ask us to cover the small shortfall. We know from time to time we need to make transfers from our operating account to cover costs that are provided for under various grants which are contractually to be reimbursed. (Note: Some of the Society's accounts are set-up to automatically transfer funds as needed.) On October 29t MFMHS had $118,754.69 on deposit in the operating account, of which $111,097.27 was available. (See attached exhibit#1). MFMHS had the money to cover the shortfall, but did not have the staff available to act in anticipation of this need. One of the major complications during this period is that the museum suffered a severe financial downturn in the wake of the 2004 hurricanes. While capital money was set aside, there were insufficient operating funds to maintain a full staff. Accounting staff, Responses to Monroe County Draft Audit Dated August 30,2005 Page 2 of 12 along with all administrative staff, was fully laid off for the period of one month and only returned to work a vastly reduced schedule for the entire fall. In early 2005, the backlog took some time to work through and this check got misfiled by a newly hired clerk who replaced a former staffer who resigned during the lay-off. Responses to Monroe County Draft Audit Dated August 30,2005 Page 3 of 12 B. On the date that we submitted paperwork for pay order#3 to the TDC, we believed the billing to be accurate--it was certified by all parties. The louvers were completely installed when the pay order was issued. We had no knowledge that we would receive a credit on 4/6/2005 some seven months later. Again, we received that credit seven months later, but to state that "the louvers were not installed until seven months later" is in error. The entire roofing project was completed by January 2005. In light of receiving the credit in April 2005, we agree with the audit finding that the HVAC billing in pay order#3 should not be reimbursed at the amount originally submitted ($20,000), but at the net amount of$2,000. We had no way of knowing this in advance. Responses to Monroe County Draft Audit Dated August 30,2005 Page4of12 C. MFMHS has not received any correspondence from the County Clerk's office that payment has been disallowed for the $45,412.56 before receipt of this audit draft. MFMHS had a TDC Capital Project contract with an expiration date of 9/30/2004 (at that point in time). MFMHS and Heery, International met with the county attorney on 9/22/2004 to ascertain if an automatic extension would be granted due to the emergency circumstances (repeated County ordered evacuations) or if a request for an extension of an additional 30 days to 10/31/2004 could be allowed due to these hurricane-caused construction delays to the project. This extension was recommended by DAC Ito the TDC board for approval. This contract extension (to 10/31/04) required TDC board approval and BOCC approval at upcoming meetings that were beyond the original 9/30/04 date. While MFMHS is fully aware that these recommendations are usually approved, we know that it would be inappropriate to depend on receiving the approvals. The retainage of$45, 412.56 was for work completed and certified as such in prior pay orders as well as pay order#3. We made payment of the retainage amount on 9/30/04 to bring those dollars into the grant period—meeting TDC requirements of completed and paid for. The TDC grant contract states that payments to contractors by grantees must be made by the end of the grant period, i.e. September 30`h. Since payments are still being made on that day, it is quite possible that not all contractors receive the payments by that date and it is unlikely that they all would have been able to cash them. We contend the contractor does not need to provide additional billing for this (retainage), because it has already been billed and documented on previous pay orders. Further, MFMHS has no control over when Heery decides to deposit their checks. A vendor may potentially have several factors that affect the timing of their accounting/banking actions. None are under MFMHS' control. Something as simple as a clerical error or the result of a staff vacation or absence for an illness may delay a deposit. In our experience some consultants/vendors may choose to hold payments, as an income tax strategy, to the next calendar year. Surely this is not under the control of an check issuer. Responses to Monroe County Draft Audit Dated August 30,2005 Page 5 of 12 D. Yes, the subcontractor S. Keller's invoice was billed by the architect's office on two invoices. MFMHS staff did not catch the double billing. Both invoices were paid by MFMHS and a credit for the duplicate payment will be issued by the architect's office to correct their error. Responses to Monroe County Draft Audit Dated August 30,2005 Page 6 of 12 E. Checks 5324, 5325, and 5326 were not drawn on the construction bank account. These checks were issued as replacement checks as the original checks were lost in the mail. As stated in regard to finding "A," the museum staff is well aware of the need to make transfers or direct payments from cash accounts in order to meet billing deadlines as required by contractors, in anticipation of reimbursements from granting organizations. The sources of these checks and their replacement documents evidence this custom and necessary practice. While MFMHS does follow up on outstanding checks on a regular basis, this did not happen until after January 1, 2005, due to the lay-off in staff It is normally a low priority since vendors usually make us aware of any overdue payments via account statements or direct contact. Staples and Charles are museum designers and their contract falls under that of the architect. They were named in the grant proposal. At no time were we instructed in advance of the completion of the work that a separate contract was required for them. At the November 2003 meeting with Linda Stewart, Harold Wheeler, Danny Kohlage, Suzanne Hutton, and an accountant(now left) from the County Finance Office, copies of task orders were requested and these were supplied—(See attached exhibit#2). In addition we have a letter, dated April 15, 2004, to MFMHS outlining their rates, which I believe has already been received by your office—(See attached exhibit#3). The fiscal year end financial statements for September 30, 2004 have not yet been completed. The museum is awaiting paperwork from a donor which will provide the CPA with the details required for them to write two financial statement notes (narrative) that will accompany the statements. (See attached exhibit#4). Upon completion they will be provided to the county finance office. Responses to Monroe County Draft Audit Dated August 30,2005 Page7of12 F. There is no manual or other document for policies and procedures related to reimbursements provided to grantees. This is confusing to grantees and detrimental to the process through which the county, as well as the grantee, fulfills the terms of the contract in a timely manner. There are no "dollar amount" budgets per line item in the $311,900 contract with MFMHS—that was not a stipulation of grant contracts that year. It is not until the period of the $375,320 grant contract that line item budget amounts are reflected in contracts. MFMHS staff member, Melissa Kendrick, has had conversations with the County Finance office on this very matter while trying to receive reimbursements as well as during the audit period. The County Finance Office said that "that's how we do our contracts now." However, there is no language in the contract that MFMHS and the BOCC entered into that supports a line item budget for the $311,900. We contended that the County Finance office can not alter the contract contents after the fact without an amendment executed by MFMHS and the BOCC. This matter was addressed previously by the county attorney's office and subsequent payment was made to MFMHS. • As no such amending document was ever presented for execution or executed, there is no overpayment to MFMHS on a line item basis in the $311,900 contract. Responses to Monroe County Draft Audit Dated August 30,2005 Page 8of12 G. This finding has been made in error. Special Category Grant SC237 in the amount of$259,900 was matched by the building purchase in the amount of$4.2 million dollars and $65,000 awarded by the TDC as a Capital Project grant that covered some closing costs (acquisition), emergency repairs, and other expenditures that were awarded by the TDC in May 2000. The award was made by the review state panel in September 21, 2000 and approved by the Florida Historical Commission. See exhibit relevant pages extracted from the "Pink Book" issued by Secretary of State Katherine Harris's office with a cover date of December 2000). The funding for SC237 became part of the Florida budget for the fiscal year beginning 7/1/2001. All of these dates are in advance of the TDC application signed in January 2001.—(See attached exhibit#5) The further grant for$51,645, the "Small Matching Grant" from the State of Florida, was not denied funding—MFMHS withdrew it after several conversations with staff of the Department of Historical Resources. The museum replaced that money with fundraised dollars. In that the money was in place, there seemed to be no need to make the TDC aware of the difference in source. Unfortunately, we did not distinguish between the larger grant that was approved and the smaller one that was pending. This was an error but not meant to mislead. When we withdrew the grant application, which only represented 10% of the project, we knew we could raise these monies from other sources, which we did, before making the first project expenditure. There is no contract language in the TDC/BOCC document requiring anything other than an equal matching share be expended. The source of these matching funds are not mentioned anywhere in the TDC/BOCC contract. Special Category Grant 330 in the amount of$325,000 was matched by the TDC Capital Project award of$311,900 and society staff construction coordinator salary $36,000, and in-kind services from the City of Key West in the waiver of building permit fees in the amount of$14,400.—(See attached exhibit#6) MFMHS has always made certain that grants from the TDC, matched by grants from the State, provide funding within the TDC grant period. While the State allows for grant funds to be encumbered during the grant period the TDC requires the funds to match to be expended in the grant period.. Necessarily, the TDC requirement provides for a projected start date based on an award made as much as nine months earlier. Responses to Monroe County Draft Audit Dated August 30,2005 Page 9 of 12 H. MFMHS has held off filing State grant reports for the completion of this audit in order to ascertain the payments that may be forthcoming from the TDC in order to make a full and final request from the State. MFMHS is now under in the position of having to file an interim report with the State to receive the remaining awarded grant dollars. This process has been held up and the grant funds endangered by the County Finance reimbursement process—for example, there is paperwork that was submitted to the TDC office on October 4, 2004 that still, to this date, has not received resolution. Responses to Monroe County Draft Audit Dated August 30,2005 Page l0 of 12 I. MFMHS has yet to be supplied, in advance of expenditures, with the documentation procedures for any given grant period. Further, these requirements change during the course of the grant period. For example, County Finance office requests for such items as boarding passes, affidavit of the subject matter with architects on telephone calls, fax logs, telephone calls with subcontractors, etc. were been made after the report was filed. MFMHS required documentation from vendors only in accordance with its knowledge of rules as they stood in the previous grant award. This then caused problems and delays with reimbursements. This lack of a formalized procedure is confusing and can result in applicants being unable to achieve reimbursement for legitimate expenses. I 2.1 Copies of contracts and proposals from vendors were supplied upon request to the County Finance office. Until the time of the request, MFMHS was unaware that these documents would be required, although they were on hand. I 2.2 Yes. I 2.3 This has already been resolved. MFMHS obtained the required form releasing the retainage by all parties and submitted same to the County Finance Office. I 2.4 MFMHS has been repeatedly asked for GMP documents by the County Finance office. •These documents, as well as letters from Heery, International explaining the GMP's have been supplied more than once. Some of these letters of explanation appear in this audit report as Exhibit L and Exhibit M. To state that they have not been supplied is erroneous or unclear. I 2.5 These task orders were provided to the County Finance office following the November 19, 2003 meeting in which they were requested. MFMHS had not previously been notified that Task Orders were part of the required documentation.—(See attached exhibit#2) I 2.6 As above, MFMHS was never advised in advance of the expenditures that these specific items would be required. A list of reporting requirements is still not available from the County Finance Office or TDC. Responses to Monroe County Draft Audit Dated August 30,2005 Page 11 of 12 J. The county auditor, Sandy Mathena, already discussed this with MFMHS staff. At that time she was told that amended reports will be filed with the State upon clarification of TDC reimbursement issues. Amended reports have been prepared will be remitted to the State by September 20th, 2005. Responses to Monroe County Draft Audit Dated August 30,2005 Page 12 of 12 = THE RORIDA EST MONROC COUNTY TOURIST DEVELOPMENT COUNCIL Come as you are® September 22, 2005 • - Ms. Sandra L. Mathena, CIA, CFE, CPA Director of Internal Audit Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Re: Preliminary Audit Report of Monroe County Grant of Funds on behalf of the Tourist Development Council to Mel Fisher Maritime Heritage Society, Inc. Dear Ms. Mathena: I acknowledge receipt of the above mentioned report and in response to your request to respond to each finding individually, we provide the following information: Page 8: 1. TDC should establish a procedure that requires grantees to submit a copy of a canceled check for documentation of each expense item contained in a request for reimbursement. This procedure would eliminate the practice of requesting reimbursement from the BOCC for checks not negotiated, and subsequently using TDC funds in an authorized manner. The current cover sheet for reimbursement states: ..."I certify that the above checks have been submitted to the vendors as noted and that the expenses are accurate and in agreement with the records of this organization's scope of services outlined within the contract with the Monroe County Board of County Commissioners and the Tourist Development council and will not be submitted for reimbursement to any other funding sources. Included in documentation is proof that the contractor has received and applied to the property matching funds equivalent to or greater than the amount invoiced to the county. Application of matching funds requires actual payment of the matching funds, or, in the alternative, a commitment of said funds and that the portion of the project for which the matching funds are to be used has been sufficiently completed to require payment of said matching funds"... The document is then signed by the Executive Director/Project Manager as to the statement above and duly signed before a Notary Public. 1201 White Street, Suite 102, Key West, Florida 31040 U.S.A. (305) 296-1552 Fax: (305) 296-0788 http://www.fla-keys.com sates@fla-keys.corn The assumption that the above certification is true and factual obviously does not assure compliance. Procedures have been adopted by the TDC and include all capital projects from Fiscal Year 2006 and any amendments that are subsequently adopted covering previously agreement that establish a procedure .that requires grantees to submit a copy of a canceled check for each expense item contained in a request for reimbursement. The requirement will be stated clearly on the cover sheet(Item 1) and within the documentation in the reimbursement package. (Item 2) 2. These transactions should be reviewed by the County Attorney and the TDC for possible contract violations. TDC administrative staff recommends that in light of the misrepresentation by MFMHS of the notarized documentation and the apparent cooperation by vendor (Heery), that the TDC/County pursue these issues. These actions may also serve to convey as a deterrent to potential applicants who attempt to. deceive the Monroe County funding process. Also attached please, find a response to this question .by Assistant County Attorney Hutton. (item 3). Page 9 1. Monroe County Engineering Division and TDC should continue refining and implementing construction monitoring procedures on TDC Construction Grants. Effective with all capital projects from fiscal year. 2006 the.TDC has established within the contractual scope of:services a description and exhibit outlining the.parameters of the work to.be performed and how the work will be monitored and signed off. This document (Item 4) has been approved by the Monroe County Engineering Department. (Grant Awards Agreement-section 3 and 3 a) item 4 2. Monitoring of the work on TDC Construction Projects should be completed by the Monroe County Engineering Division. Effective with all capital project from .fiscal-year 2006, the Monroe County Engineering Division has agreed to monitor the work on TDC Construction.Projects and sign off on the reimbursement request Upon the completion of each segment within the grant agreement prior to submission to'the Finance Department for reimbursement. This is clearly outlined within the agreement. (section 3 a) Item 5 Page 10 3. With the new policies being implemented, the Engineering 'Division should review all TDC Construction Grant Application and Certifications 'for Payment before submission to the Clerk's Finance Department. This procedure has now been established as outlined in the response to Page 9, 1 & 2. 2 Page 11 2. TDC should establish a procedure that requires grantees to submit a copy of a canceled check for documentation of each expense item contained in a request for reimbursement. This procedure would eliminate the practice of requesting reimbursement from the BOCC for checks not negotiated, and subsequently using TDC funds in an authorized manner. This procedure has now been established as outlined in the response to Page 8 above Page 12 1. TDC should establish a procedure that requires grantees to submit a copy of a canceled check for documentation of each expense item contained in a request for reimbursement. This procedure would eliminate the practice of requesting reimbursement from the BOCC for checks not negotiated, and subsequently using TDC funds in an authorized manner. This procedure has been established as outlined in the response to Page 8 above. Page 13 1. Policies and procedures related to reimbursement and matching funds should be clarified. TDC has incorporated within the agreement the following language: ..."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 the 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. ...." (Section 3 and 3.a) Item 6 - 2. The total Application for Grant Funds should be furnished to the Clerk's Finance Department. The Application for Grant Funds shall be furnished to the Clerk's Finance Department included with the one (I) of the five (5) signed copies of the agreement provided to the Clerk of the Court upon approval by the Monroe County Board of County Commissioners. 3. State Project Progress and Expenditure Reports of other Third Party Grant award reports should be required to be submitted to the TDC to confirm that all TDC and State expenditures are independent from each other. Upon receipt from the Clerk's Office of the Grantee's duly signed agreement, the TDC forwards the Grantee's agreement together with a reimbursement package outlining the procedure for submission of reimbursement of Capital projects which will include the requirement that State Project Progress and Expenditure Reports of other Third Party Grant award reports shall be required to be submitted to the TDC as part of the reimbursement request (Item 7) to confirm that all TDC and State expenditures are independent from each other. 3 4. The TDC should make a determination as to the level of budgetary control. If it is their intention to hold grantees to the line items listed in the application, the budget should be incorporated into the grant agreement. Within the application for funding, the applicant is required to provide an estimate of the costs involved. Within Exhibit A the agreement the document outlines the segment/phase including the cost. Any significant change to Exhibit A of the agreement will require either a change order or an amendment to the contract. The grantee shall not exceed the total of the segment and/or the total of the grant-in-aid. -- Page 14 1. Policies and procedures in place for documentation of confirmed matching funds should be followed before TDC funding is approved. TDC requires confirmation in writing that matching funds are in placed at the time of the Application for Grant funds i.e. governmental applicant — provide a line item budget for the project in question; non-profit applicant — provide 1. Documentation provided by a financial institution of a line of credit assigned to the specific project within the application 2. Signed copies of any grants pertaining specifically to the project within the application. Without said documentation, the application will not be forwarded onto the District Advisory Committee for consideration. The audit shows that MFMHS misrepresented within their application the fact they did not have the matching funds as outlined and therefore, was not in compliance with TDC requirements at the time of the application. MFMHS at no time notified the TDC that the matching grants referenced in their application were, in fact, not forthcoming. Page 16 1. Policies and procedures in place for documentation of confirmed matching funds should be followed before TDC funding is approved. This procedure has been established as per the response to Page 14 Page 17 1. Reimbursement requests should be complete and submitted in a timely manner. The deadline for receipt of reimbursements requests is included in the Grant agreement appr• 'ed by the Monroe County Board of County Commissioners (Item 8) y,;lcI • pve f �G ti Harold D. Wheeler Marketing Director :Ims Attachments 4 FY 2006 Monore Coun TouristDeveloumentCOUfllI Funileul Payment ! Reimbursement Packet Included are: Copy of.Executed Funding Agreement General Letter on guidelines and form samples . from the Monroe County Tourist Development Council Administrative Office Reimbursement Submission Cover Sheets Please retain this material for reference as contract provisions and policies and procedures must be followed when planning expenditures and when submitting expenses for reimbursement. TO: Capital Project Administrators FROM: Monroe County Tourist Development Council DATE: October 1, 2005 SUBJECT: Payment/Reimbursement Guidelines The Monroe County Tourist Development Council has entered into Fiscal Year 2005-2006. Outlined in your application for funding and your current year contract are guidelines on submissions for reimbursement of a completed segment/phase or project. In order for the Monroe County Finance Department to process your requests and pay them promptly, please carefully read application information, your contract with Monroe County, and the following guidelines. Please direct all reimbursement requests to the following address: Monroe County Tourist Development Council P.O. Box 866 Key West, Florida 33041 CERTIFICATE OF INSURANCE: An original copy of the Certificate of Insurance as outlined in your contract (section 20) must be provided to the Office of Risk Management, Gato Building, 1100 Simonton Street, Room 268, Key West, Florida 33040 prior to the execution of the contract. Upon approval by the Manager of Risk Management, the original Certificate of Insurance will be provided to the Clerk of the Court (copy to Monroe County Finance Department). No reimbursement may proceed without the Finance Department receipt of an approved current certificate. PROJECT MANAGER: There shall be a project manager assigned who is an architect, engineer or general contractor, or 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 agency. Should the capital project not require an architect, engineer or general contractor, such as acquisition of capital equipment, or projects not requiring a building permit, a project manager must be assigned to acknowledge receipt of goods or work performed. Should there be a change in the project manager specified in the Grantee's application and/or the grant agreement, a new project manager shall be designated and notice in writing of the designation shall be provided to TDC/County immediately. REIMBURSEMENTS: a) Payment for expenditures permissible by law and County policies shall be made through reimbursement to Grantee upon completion of the segment/phase or Z project and presentation of Application for Payment Summary — AIA Document G702, invoices, canceled checks and other documentation necessary to support a claim for reimbursement. Included in said documentation shall be proof that the Grantee has received and applied to the property matching funds equivalent to or greater than the amount invoiced to the Grantor. 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 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. Projects that involved state/federal or other third party grant awards shall provide the State Project Progress and Expenditure 7 Reports or other Third Party Grant award reports with the reimbursement submission so that the TDC may confirm that all TDC and State/Federal and/or third party expenditures are independent of each other. 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 Final Release of Lien Affidavit and Partial Release of Lien Please read carefully and note that Section 3 (a) of your contract also requires a proposed schedule of values for phases/segments and an indication of the percentage of completion of the overall project to be submitted upon completion of each phase/segment. All required signatures, documentation, invoices, cancelled checks, reports and photos of the work progress are to be included. Upon completion of segment(s), it will be the grantees responsibility to contact Monroe County Engineering Department (Gato Building, 1100 Simonton St., Key West, FL, telephone 305 292-4426, fax 305 295-4321) to facilitate inspections and obtain a County Engineer's signature on documents before submission for payment. All reimbursement requests must be submitted no later than 60 days after the completion of the phase/segment. 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 cancelled checks, 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 the schedule of values attached hereto and incorporated herein as Exhibit A 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 reimbursement request package must be accompanied by an original invoice. Photocopies and faxes are not acceptable. Invoices must be specific and worded to clearly identify the project, phase/segment as outlined in the Scope of Services in the contract. A notarized reimbursement coversheet showing the charges involved, including check number, payee, and amount paid and copies of the cancelled check(s) must be submitted. In the case of a purchase by credit card, a copy of the credit card statement plus proof of payment must be submitted including a copy of the cancelled check. If a credit card on an account of any entity other than the grantee (contract entity) is used, further proof of payment by contract entity to the credit card holder is required including a copy of the cancelled check. The grantee 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. The designee shall sign off on all aspects of the project and such acknowledgement shall be included with the reimbursement request package. When matching funds for a project, phase/segment involved state/federal and or third 7 party grant award(s), the state/federal project progress and expenditure reports or other third party grant awards reports shall be required within the reimbursement submission. BACK-UP: Back-up to verify reimbursement requests, i.e. payroll records, verifiable documentation pertaining to volunteer activities, etc. will be required. Copies of all contracts with contractors and sub-contractors must be submitted. The TDC has supplied samples of construction business forms which must be completed and submitted with the application for reimbursement. The Monroe County Finance Department, at their discretion, may request additional documentation to substantiate a reimbursement request. PERMISSIBLE AND NON PERMISSIBLE EXPENDITURES: Permissible expenditures refer to tangible expenses i.e. architectural fees; contractor fees and direct expenses for material, labor, etc. Non Permissible expenses refer to telephone charges; mailing/postage costs; travel expenses (airline tickets, gas, rental cars, etc.). - MATCHING FUNDS: Documentation of hard dollar income or the performance of in-kind services constituting matching funds must be supplied — dollar for dollar -- with each submission. Application of matching funds requires actual payment of the matching funds. Mere obligation through execution of a contract or approval of a budget item to be paid from matching funds will not suffice. When matching funds for a project, phase/segment involved state/federal and or third party grant award(s), the state/federal project progress and expenditure reports or other 7 third party grant awards reports shall be required within the reimbursement submission. Please feel free to contact the TDC Administrative Office at 305 296-1552 (1201 White Street, Suite 102, Key West, Florida 33040) with any questions about this agreement or about submissions for reimbursement. PLEASE READ YOUR CONTRACT CAREFULLY AND PROVIDE THE INFORMATION AS OUTLINED TO AVOID UNNECESSARY DELAYS IN PROCESSING ATTENTION EVENT/PROJECT COORDINATOR IF YOU HAVE NOT DONE SO PREVIOUSLY: PLEASE FILL OUT COMPLETELY AND SIGN THE FOLLOWING REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION (W-9) FORM PLEASE HAVE ANY SUPPLIERS (VENDORS) WHICH WILL BE PAID DIRECTLY BY THE TDC COMPLETE THIS FORM PLEASE INCLUDE THE COMPLETED FORM(S) WITH YOUR SUBMISSION FOR DIRECT PAYMENT/REIMBURSEMENT PLEASE RECORD FEDERAL IDENTIFICATION NUMBER (FID) OR SOCIAL SECURITY NUMBER ON ALL REIMBURSEMENT COVER SHEETS WHEN REQUESTING PAYMENT OR REIMBURSEMENT r -- Form '9 Request for Tax a er ' ■� (Rev. March 1994) p y Give form to the Identification Number and Certification requester. Do NOT Department of the Treasury Internal Revenue S.rve. send t0 the IRS. - - Name(If joint names,list first and circle the name of the person or entity whose number you enter in Part I below.See Instructions on page 2 if your name has changed.) Business name(Sole proprietors see instructions on page 2.) / « j Please check appropriate box: 0 Individual/Sole proprietor 0 Corporation 0 Partnership [] other ► s Address(number,street,and apt.or suite no.) Requester's name and address(optional) • • City,state,and ZIP code Part I Taxpayer Identification Number (TIN) • List account number(s)here(optional) Enter your TIN in the appropriate box. For Individuals,this is your social security number Social security number I (SSN). For sole proprietors,see the Instructions i I I 4- 4-I I I I on page 2.For other entitles, it is your employer \ identification number(EIN). If you do not have a OR Part II For Payees Exempt From Backup number, see How To Get a TIN below. Withholding(See Part II Note:If the account is in more than one name, [Employer Identification number Instructions on page 2) • see the chart on page 2 for guidelines on whose 14. I I I I I I . I number to enter ► • - Part III Certification . ' Under penalties of perjury, I certify that: 1. The number shown on this form Is my correct taxpayer identification number(or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding.because:(a)I am exempt from backup withholding, or(b)I have not been notified by the Internal Revenue Service that I am subject to backup withholding as a result of a failure to report all Interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding. Certification Instructions.—You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because of underreporting Interest or dividends on your tax return. For real estate transactions, Rem 2 does not apply.For mortgage Interest paid,the acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement (RA),and generally payments other than Interest and dividends,you are not required to sign the Certification, but you must provide your correct TIN.(Also see Part III instructions on page 2.) ,N( Sign Here Signature ► i Date ► Section references are to the Internal payments under certain conditions.This is interest and dividend accounts opened Revenue Code, called `backup withholding."Payments after 1983 only), or Purpose of Form.—A person who is that could be subject to backup required to file an information return with withholding include interest, dividends, 5.You do not certify your lTIN. ion See the the IRS must get your correct TiN to report broker and barter exchange transactions, Part III instructions for exceptions. income paid to you, real estate rents, royalties,nonemployee pay, and Certain payees and payments are transactions,mortgage interest you paid, certain payments from fishing boat exempt from backup withholding and the acquisition or abandonment of secured operators.Real estate transactions are not information reporting. See the Part II property, cancellation of debt, or • subject to backup withholding. instructions and the separate instructions • contributions you made to an IRA. Use If you give the requester your correct for the Requester of Form W-9. Form W-9 to give your.correct TIN to the TIN, make the proper certifications, and How To Get a TIN.—If you do not have a requester(the person requesting your TIN) report all your taxable interest and TiN, apply for one Immediately.To apply, and, when applicable, (1)to certify the TIN dividends on your tax return,your get Form SS-5,Application for a Social you are giving is correct(or you are waiting payments will not be subject to backup Security Number Card(for Individuals), for a number to be issued), (2)to certify withholding. Payments you receive will be from your local office of the Social Security you are not subject to backup withholding, subject to backup withholding if: Administration, or Form SS-4,Application or(3) to claim exemption from backup 1. You do not furnish yourfor Employer Identification Number(for - withholding if you are an exempt payee. requester, TIN to the businesses and all other entities),frm Giving your correct TiN and making the or your local IRS office. ) 1 appropriate certifications will prevent 2 The IRS tells the requester that you i • certain payments from being subject to furnished an Incorrect TIN, or If you do not have a e TI write"Applied backup withholding. For"in the space for the TIN in Part I, sign 3.The IRS tells you that you are subject and date the form,and give it to the Note:If a requester gives you a form other to backup withholding because you did not requester. Generally, you will then have 60 than a W-9 to request your TIN,you must report all your interest and dividends on days to get a TiN and give R to the use the requester's form if it is substantially your tax return (for reportable interest and requester, if the requester does not receive similar to this Form W-9. dividends only),or your TiN within 60 days, backup What Is Backup Withholding?—Persons 4. You do not certify to the requester withholding, if applicable, will begin and making certain payments to you must that you are not subject to backup continue until you furnish your TiN. • withhold and pay to the IRS 31% of such withholding under 3 above(for reportable Cat. No. 10231X Form W-9 (Rev.3-94) APPLICATION AND CERTIFICATE FOR PAYSEXT o � �Mat per, AIA DOCUMENT G702 ([a+tnralam on re►erre a •FROf l!M; MI cif 'as 4 APPLICATION O. Distribution to: A~' PROM CONTRACTOR PRO)ECI'NOS.: 0PERIOD TO: own . VIA ARCM 0 ARCHITECT 0 CONTAAC CONTRACT FOR, • CO MU: 0 1bA 0 • CONTRACTOR'S APPLICAshownTION FOR P YM�• undersigned Condonation sheet, or G in mead with the iron mni belief the a6tk by A to pplication 00t yment 'a'e ►b woe I. omen'.heNTter nun moor orf Rtrdt locwhit the iset Onta thet alb Jammu Payment has been�om by pie led been d f.MN oh■tt� Ch■np Cyders , received ham Owneg thet current payment a ent nereh tin 1n and . ! CONTRACID& due. 3.CONTRACT SUM TO DATE(fie 13 2)..• f • 4. iN1O�DTOOAl'!.... f Br (Column G on G703) stile oG One: S.RE AINAOlh countyofi I. x of Completed�Obrfr f Subscribed mid swom ID before (Coformna D + non G703) me th6 day of b ' % of Stored Material - (CcJ m F on 0703) f Thai Retshwie(Lille Si + 5b or Notary Public Tod Re is Column 1 of G703)......................f My Commission aphet 6.7+O�TA�amp um 11lTAINAtIIE...... (Line 1.4!Ales Me 5 lbnti) •., ARCHITECT'S CERTIFICATE 7.Bess mttanous FOR PAYA�EfiIT • S. p�Cadil .''........ IT In secortirece with the Contracts enfp�this the Documents,ttettrued on the to o Owner that tlo ande the tata mine 6 from he rAYMEMt DUE ........... Clinionin Architect's heowied�)� �certifies to that to the bat of the 9.BALANCE TO PINISI1 •• guilty alike eobett la is accordance with the End belief the k has pogremed b la •the (Une 3 less clue 6) r NETAM h to payment of the AMt7S1N[ Documents,and the Contractor f • C!TAME ORDER 111/AIMART AMOUNT CRIMPED....._ SPPIDRd in ADDITIONS DEDUCTIONS � drlJirs!}mnr roe.onrrr wpp sdit,,. initial pfi' by Owner °°J b'm la tb■amount atfa+d)el Alms on Mir Appestat=end on Cbnffnnrttton Sbsst rear an rGmrgrd ro linsl thb Mon A• CI? th sy NET CHANGETams chit Crut1llram b ow Due • MinorThis C named pothole The AMOUNT CERTIFIED!:payable only to the Con ,;}' ""ceettototr ono•w►e toM aro pteh�e to my dshti of t"�O�and for under e i Contract. ae without tv!■tsast> •me Contactor under this Conteaet. wrort�, Kva.v0.fnttman tic asoos+srll �U�Ateotrae�t"tr,ovi�a+t Lira a o�ista I.j It NEW TOM P�aw attrttoN►ltiutitrontS use antrtlptmtfAlA OTD2-1E9Q document hwthhe`atloo�ttbd Innil.An ttdemi aswereatkst �DMMtt!metb■e6teerad aaraar■ee,rwhen doerrm►.nlsaa ,' R/10 q A ..........Jt1 �m{iaws Rnl+fit■as a reproduced. • • . AIA G-704 • • • • • • CERTIFICATE OF •. . � ucnoH�� 0 SUBSTANTIAL COMPLETION D ' CONSTRUCTION MANAGER-ADVISER EDITION A> HIl<FGT WA DOCUMENT(OKA*-12X720A6C1121141aT CONTRACTOR mita• erns uactwri.a-tea aseuniAttr tscUA6 WhaWUatit.i tAnatilaAlletirhastt An Aisuatuar lb ektElturAtigu warn annervsnw Dcompunati tL�NDO UICAXION. ALITIOI 1,CA3t0N Of THIS Ft.EC1BONIGMlY warmA4A DOCtJNIANT MAY a!MADE BY U41 ,AEA PROIECC PRO!ECTROSe ' • Name i Ja&ru1 • COMAcrMt • CONTEACP DATA orm.sal ail �u1• • • • DATE OF ISSUANCE: PROIEc?Olt DESIGNATED PORTION'SHALL INCLUDE • .• 'Ilia Work petfotmed under tlds Collial#413 been reviewed and found,to the Conmuctioa Manages':and Arclu'tetts bat lmowied info Too and belief.to be substantiallySubdtutiu Cotyledon Is the tiepin the of the Week when the Walk or dated t>seof is inf t. Iv completein aceotdaaw with the Contract Docuase to West(or iti undod use. The date o/"Substantial Comte den Pro or poe�•m thereof Owner oIsbc arm as which Is also the date ofear encemedofapgtirsbfewarrantiest by Ill CcatractMammata except,sta• A list of items to be completed or emitted is attached Lessen Tho alum to include any items on such list does awe abet the responsibility of the Coabathee to complete ell Woek in accordance with the Cookoet Dammam, • • CONSTaucT ON bLAN'AGBS Bel DAT$ • . ARCHITECT $YTg — • • �Conoalsictor will comp. lets.or mind the,Work on the lid of dame attached betoto within days flem the above date of Substantial • CONTRACTOR BY - DATE - - '•The Owner,accepta the Work or designated portion thereof u suhstantially complete and will assume MI pommel n thereof at (time) on (date): • • OWNER BY DATE The {sea sane nines and inch anUictot IOC secunty.suatotsmoce. u ge of anauance bit asTo (,SEasrq narkarla ri ie.lA roeramaxeld okIn#mares thed ri v d.,woonkim o a • • • • • • .. - .. 1• •I J1' .� �. �. .� .• ••. . ny Lr l-I ' • • ':'' 11•Y \r .• . .•.•-.•i -CERTIFICATION OF SULSTANTIAL COMPLEUON-CONSTRUCTION MANAGER-AOVIg*EDITION-19l2 EDITION-ALAI-WANING;unikmud photocopying violates US.mpwlpfir laws and will subject the violator to legal promotion.This deca,ment was electronkaily produced with permtssian of the AM and Lin be reproduced In accordance with me license without violation until teen data of expiration as noted below.Mr Document.g7t34cma.ala—214120C2.MA License Number 112311E Whkh nxpk.s on 1/3112003 • Electronic Format G704lCMa-1992 • • • • CONTRACTOR'S AFFIDAVIT OF A aA G—7 0 6 P o AND CLAIMS Bin o AYMEN T OF DEBTS _AM Document 67 cr 0 • (Insultcaioral on reverse side) yc 0 • 0 TO OWNER: ors o "°lo ARCHITECT'S PROJECT NO.: • CONTRACT FORT • PROJECT aranirood CONTRACT D�A.1ED: I 4 • • s A • • p • STATE o�: i COUNTY OF: S The satisfied erasned equipmentifies`+ a as listed bnioar,payment has bee g�� for Oaeaer Contractor ce Owner's dn`&maga�� oonne an wide.hbor.aktt services Me �'and Down and all Obilgadans barn �b above and d IONS: p !n Beg► ►be herd responsible or P�otirntttoa oittte t' ed V2 i EXCEPTu i 9 lb • • • Si�R DOCUN ATTACHE)HERATO: Ii' L Consent of Surety cONrRAc�t ii Involved.Conx s oal °t.whenever Surey ist3707,Conseee of y is m' MA Docum►. Y used for>h;s purpose. ii Indicate anachmene Dyes Cl no •• 1 lydredbyamOw, etu ar 9. • L Coneraetor's 3 recelpc of lrAa! or Waiver of ueeL4,conditional upon payment. (Raskytnan saNdicy �. Zla Separate Messes or Waivers of Leas from Subcontractors E and material and equipment suppliers, to the ettent St>tieti and sworn to before me oo data o required by the Owner,20Xcriptinied by a l6t thereof. Notary Public: 9. Contractor's Affidavit of Release of Lions (AlA Document CAUTION: You should signMy Commission s: AIR an original MA document that has this caution printed in red. An original fissures that changes will not be obscured as m See Instruction Sheet far Limiteday occur when documents are re ro License ALA for Reproduction of this document: p dut:ed ,�''1' of rtr°C o lENT o70i g;°N soicrO vrr of l'Artttxr OP DEBTS AND CLAMS S. viNI N ,W s,b O� •WARMING:Un� ]he oco yIng and WO' joa tan vtotator to lei prosooulott toCopytno G708,.1994 AI G-706.A INSTRUCTION SHEET FORMA DOCUMENT G706A,CONTRACTOR'S AFFIDAVIT OP RELEASE OF LIENS • • A. GENERAL INFORMATION 1. Purpose This document H intended for tec in a companion to ALA Document 0706,Conesacior's Affidavit of Payment of Debts and Claims. 2. Related Documents This document may be used much most of the AIA's Ownerrasiuractat agreemeatr and general condidorts,suds as A201 and its related family of documents.As noted above,0706A is a mmpanbn document to ALA Document G706. S. Use of Current Documents • • Prior to using sway ALA document,the user should consult the AIA,an AM component chapter or a current ALA Documents List eo deaecmine the current edition of end%document. 4. Limited License for Reproduction AIA Document G706A Is a copyrighted work and may not be reproduced or em:EYpoed from in substantial part without the a spoess written permission tithe ALL The 0706A document Is intended to be tied as a b.the Original document chased by the user is Intended to be conramed in the course of beats used.There Is no implied permission to reproduce this di-wpm..It.nor does membership is The AmesiCua Institute otAcchkects confer any Butter to reproduce G706A. A cautionary notice is printed ie red on the original of this document.This notice distinguishes an ecigyru!M .document front copies and counts eke..To emme seCuracy and uniformity of Ian purchasers should use only an odgiaal AM.document ex one that has been reproduced 6oAt an original under a special license from the AIA. • A limited license is herebygn®ed to retell purdusas to reproduce a matanmi of tea copies of a completed or caromed G7OdA,beat only for use to mnaecdon with a psrsleular pox:.Father reproducdons are wohaltited without the express permission ohtte AIA. Ell. CHANGES FROM THE PREVIOUS EDITION I. . A Cray-reference to JIIA Document AIO]has been deleted to permit the'age of G706A with other fandlier of AIA documents,includ- ing comstrudoO whet,Seeders and deslgrybuild • C. COMPLETiNC•i THE G70SA PORN .. • G IA*.The OwncvCos nractcrAgree tetJL Is the usual source of required Information such an the tonumet date and the names and addressee of the Owner,Project and Contractor. ARCH errs PRcncy Ku This iafoetmaxicn is typically supplied by the Aichhea and entered on the loon by the Contractor. • COCR'RAcr FOR This rerca to the:scope ache eorhaact.suds'as'General Coenruedon"or"Atechankal Work APFIDAWZ;Indlaire the state and county where the Affidavit hf made This is not necessarily the same location as the Project,but should be the location where die notary b authorized to administer swan culls:If there are any EXCEPTIONS m the srau:rmemrar. these should be listed in the space provided;otherwise enter as`None".iimay be a sdpubtion of the COMIC Decyrsmeaets that the Owner has the tight to tequke die Conumaor to 8irgl'sh a•bood$o cover each emersion lined on the ABhiavk. SUPPORTING DOCUM ENTM The MA does not publish a"Release or Waiver of liens"foe contractors or subconusaoes because of the great diversity of releases or waivers permitted by variant stare methinks Hen laws.Forms for such purposes may be available loco deem conneam'assodadans or may be written with the atst ernes Gilead counsel. D. EXECUTION OF THE DOCUMENT • - The Notary Public should admiiuister a Sworn oath to the Contractor refecendng the written statements appedang on G706A,arid should duly sign and seal this document containing the Contractor's signature,G706A should be signed by the Contractor or the Contractor's authorized repreientative. . • • 4134 INSTRUCTION SHEET FOR AIA DOCUMENT G706A• CONTRALTOS'S AFFIDAVIT op astaiss or uENS• 1994 EDI TON"AIA••71-111 AAERTCAN INS1 TUnt OF AROffTECTA 173S NEW TOM AVENUE, N.m„WASI GTO .D.C.20006.52s'A G706Ar—•1984 • 666L--y90LJ lanumsoia nevi or nomsacking lam Pug u alp gam a4ol+idoa . Nacusati Ma tzazuaiDev do mamma ,ten 4A m mammy -� Shan do Mai do auvou v s�`uove w aHJ, • r66[® ,v , . KOWUI ••11 'luawrt*pp g14#to uvli3npo,deli col esuel �sHoa . +►aoco mamma nil f�� ` •PaonPode,ale s�uawnoop uaym MOM/ patinas o a n MAUI".zo lea la-pm l paJuud ousnououneu s!4! ce R q ;au M sa 4s ain iE 1 po . 4 1e4i iueumoop VIV Ieu!Ouo�ue u6 s mo fey;s�nsse witI p mg.' ! mays AOA :N011AdO Sand,r3 u�ulu,p,�(y� [qnd hicioN Ifuo alai algpq l»maw pm pcsasgng s 1 �7IV�mwttpu�y -- xn . • 7 asn s aq Pawedul000e'Jactrop all A pa pabal E loamalp Oa ism iddns 3uaaldynbo pue ittnotriu pVe aoogns way M7I p conga so saseaps> sdaS .z 1 II ii.„p„,„,., .. vodn utRed Ietlplo Idp 'Romp aaumul.Jo assapg y,one„u03 Z sS • °�Dj'.LL�i's lioQu o atoaans • PP a El . Sill II �ao �xpx�uoJ�lOauunudal,p �aweu,� �Nro� [ pass ewfranddits qunuia'�o u18Kgsesaubp*A d 3Avu w go flft WNW se Mdaolp allaq �e'eso VODgIRS R S'°nwfl+c01 Jo ° gas so avgq*cap s»nlaollad , Q °w[tpov8jslapnn*top Ea go A.xn00 WO3.1.1.Js • • • Nit • Et • re '�L�Q.L71ruf�to3 maggas,wr.�,d • !NOSJ.DvaLNOD • . • ❑ �aK,,o :nano az • 0 '�tLNo Copp uo ALUMS 0 ❑ v V9 .49�VIV MAO swab AO 3SV31311 • AO JJAVar v S.110.LOVH1N0O ' CONSENT OF SURETY AZA G-707 TO FINAL PAYMENT °wN v• imer - AU Document 6707 CONTRACTOR CI(In ruccIons on nevetse side) OTHERy O D 0 • TO OWNElb pe~awd AR(�IITECTSPROJSC'T NO. CONTRACT FOR, a PROJECT: s piano•awdadahrtd CONTRACT DATED: as pl as - 1:• am in a000tdance with the provisions otthe Contort between the Owner and the Cone nietOr al indicated above the WE• . ; ill on bond of f , s[zt En; 1 giax.rram•rmeiad tugs nwor) . r • N 1 ,ofth< lg. IIg any us PCOVeSons payment to the Conrracron and ageesthat final payment to the Conttaaae Shan not relieve the 11&sea mime andadifser granter; • es set Earth In said Sumatra bond Om1NRle, ii. INWETNESS WI ,mOF,the Sway hay he o see Ira hand on this dace, Aire In writing elm wvarffollest dlaydemons:driaandy arj 3 • 31 Anese 9ramthort,od rrpr+evmatoj (Sew: (Prink/fume drNlp AI n CAUTION: You should sign an original AIA document that has this caution printed In red. An fi original assures that changes will not be obscured as may occur when documents are reproduced. See Instruction Sheet for Limited License for Reproduction of this document. - AKA DOCUMENT f •CONSENT OFSIMITYTp MAL AAYFtt7�,r•1,99m ..,w 017N•MC AMERICAN iNSTISTREOSAIttenta3,1735 NSVyt A ..::j nit oK D.0 20006f� UAtt • WARHIta; pu, l �pying uiali n U S,WAS H- . lava and aria auble m rho Meer to legal prosecution. p1r• G707--f 994 Monroe County Board of County Commissioners Finance Department do Monroe County Tourist Development Council P.O. Box 866 Key West, Florida 33041 , • REIMBURSEMENT REQUEST COVER SHEET The following is a summary of the expenses for Project/Segment as described in Exhibit A Check# Payee Reason Amount (A)Total $ (B)Total prior payments $ (C)Total Requested&Paid(A+B) $ (D)Total Contract Amount $ Balance of Contract(D-C) $ I certify that the above checks (copies of cancelled checks attached) have been submitted to the vendors as noted and that the expenses are accurate and in agreement with the records of this organization's scope of services j outlined within the contract with the Monroe County Board of County Commissioners and the Tourist Development Council and will not be submitted for reimbursement to any other funding source. Included in documentation is proof that the grantee has received and applied to the property matching funds equivalent to or greater than the amount invoiced to the.County. Application of matching funds requires actual payment of the matching funds. • Executive Director/Event-Project Manager Date F.I.D.or Social Security Number • Attachments (supporting documents including copies of cancelled checks) Sworn and subscribed before me this day of year of Notary Public Notary Stamp The above mentioned segment(s)has been inspected by the Monroe County Engineering Department Authorized signature date AFFIDAVIT AND PARTIAL RELEASE OF LIEN APPLICATION NO.: PERIOD ENDING DATE: APPLICATION DATE: KNOW ALL MEN BY THESE PRESENTS, that the undersigned, for and in consideration of the payment of the sum $ , to be paid to the undersigned, hereby releases, acquits, satisfies and forever discharges, , OWNER, their successors and assigns from all suits, causes of action, liens, lien rights, claims or demands of any kind whatsoever, to the extent of the payment to date on account of the furnishing of labor, material or services for the improvement of the following described property: As part of this PARTIAL RELEASE. THAT UNDERSIGNED HEREBY CERTIFIES the following: THAT the contract of the undersigned, as adjusted by all increases and decreases, is in the amount of $ , as of the date of the Partial Release and the undersigned has received $. as payment on the adjusted contract amount as of the date of this Partial Release. THAT all supplies of labor, material or services furnished to, or for the benefit of the undersigned for improvement to the subject property have been paid In full. Any and all suppliers of labor, material or services for improvement to the subject property, who have not • been paid in full are listed below with the amount owing each, claimed by each and the reason for non-payment: (If none, write"NONE") CLAIMANT AMOUNT DUE AMOUNT CLAIMED REASON FOR NONPAYMENT THAT all taxes imposed by all government agencies have been paid and discharged. THAT all funds have been collected for FICA and withholding taxes have been properly deposited with appropriate agencies or paid to the government as required by law. THAT the undersigned has no other claims for money against the OWNER other than those Subcontractors'/Suppliers' amounts remaining due and owing on the adjusted contract balance as reflected above. THAT the undersigned further certifies that if there is a Guarantee, Warranty or Maintenance Agreement in connection with the labor and material furnished by it, that this payment and PARTIAL RELEASE shall not release the undersigned from any obligations under such Guarantee, Warranty, or Maintenance Agreement. WITNESS MY HAND THIS day of 20 Witness Name of Company Witness Signature, Title APPLICATION FOR PAYMENT • • FINAL RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS, that for and consideration of the sum of Dollars ($ paid to by Monroe County, Florida receipt of which is hereby acknowledged, do(es) hereby release and quit claim to Monroe County, Florida, the Owner, its successors or assigns, all liens, lie rights, claims or demands of any kind whatsoever whichn has (have) or might have against the property, building, and/or Improvements, on account labor performed, material furnished, and/or for any incidental expense for the construction of: • • thereon or in otherwise improving said property situated as above described. IN WITNESS WHEREOF THIS day of , 20 Witness Name of Company Witness Signature, Title Notary Public My commission expires: MONROE COUNTY APPLICATION FOR PAYMENT Grant Award Agreement This AGREEMENT dated the day of 2005, is entered into by and between the BOARD OF COUNTY COMMISSIONERS FOR MONROE -- COUNTY, hereinafter "County" or "GRANTOR," on behalf of the TOURIST DEVELOPMENT COUNCIL, hereinafter "TDC" and , hereinafter "Grantee". WHEREAS, the third penny of Tourist Development Tax may be used to acquire, construct, extend, enlarge, remodel, repair or improve, convention centers, sports stadiums, sports arenas, coliseums, auditoriums, fishing piers, museums, zoological parks, nature centers, beach improvements and beach park facilities which are publicly owned and operated or owned and operated by not-for-profit corporations, and WHEREAS, Grantee owns and contracts to a not-for-profit corporation for the operation of a open to the public and providing ; and WHEREAS, Grantee has applied for funding for the project and WHEREAS, the Grantor and TDC have determined that it is in the best interest of the County, for purposes of promoting tourism and preserving the heritage of the community, to , 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 October 19, 2005 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 4 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, 2006 to be considered for payment. e 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 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) (p reimbursement from Grantor. Payment shall be 50% (fifty percent) reimbursement of 2 the total cost of the segment, subject to the cap on expenditures for that segment as set forth in Exhibit A. Reimbursement can be sought after each segment of the Agreement is completed and signed by.the Monroe County Engineering Department as outlined in 3.a. The Board of County Commissioners and the Tourist Development Council assume no liability to fund this Agreement 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 5 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) 3 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 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, 2006. Invoices received after September 30, 2006 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. c) Grantee must submit all documentation for final payment on or before the termination date of this grant of September 30, 2006. Invoices received after September 30, 2006 will not be considered for payment. d) At any time that the documentation requirement policies of Monroe County are revised, such as to require annual inventory reports for equipment purchased under a TDC capital project grant, Grantee shall comply thereafter with such increased requirements, or further funding under the Agreement may be terminated by County. e) Upon successful completion of this Grant Agreement, the Grantee may retain ownership of the real and personal property acquired and/or improved with funding under this Grant Agreement. However, the Grantee shall maintain, preserve and operate the property which was acquired or improved under this Agreement for the uses and purposes which qualified the Grantee for tourist development tax funding. Grantee shall complete and sign a Property Reporting Form (provided within payment/reimbursement package) for personal property and forward said completed 4 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 Statute with prior approval from TDC and BOCC. (ii) At any time that the Grantee: (a) elects to stop the project or otherwise decide not to place into service for tourist-related purposes the facility acquired, constructed, or renovated with tourist development tax funding, (b) demolishes the project facility or divests itself of ownership or possession of the real property, or (c) ceases the use of the property with a primary purpose of promoting tourism, Grantee shall, pursuant to the formula set forth hereafter, refund to the County the Tourist Development funding. This provision shall survive the termination. date of all other provisions of this contract for a period of ten years. Should the demolition, transfer of ownership, or change to a non-tourist related purpose occur after the facility has been used for tourist-related purposes for at least three (3) years, the amount of refund shall be pro-rated based on a useful life of ten (10) years. (iii) The Grantee is responsible for the implementation of adequate maintenance procedures to keep the real and personal property in good operating condition. (iv) The Grantee is responsible for any loss, damage, or theft of, and any loss, damage or injury caused by the use of, real or personal property or equipment purchased through funding under this Agreement. 4. RECORDS AND REPORTS. The Grantee shall keep such records as are necessary to'document the performance of the Agreement and expenses as incurred, and give access to these records at the request of the TDC, the County, the State of - Florida or authorized agents and representatives of said government bodies. The Grantee shall also provide such access to the personal property and equipment purchased under this Agreement. It is the responsibility of the Grantee to maintain appropriate records in accordance with generally accepted accounting principles consistently applied to insure a proper accounting of all funds and expenditures. The Grantee understands that it shall be responsible for repayment of any and all audit exceptions which are identified by the Auditor General for the State of Florida, the Clerk of Court for Monroe County, the Board of County Commissioners for Monroe County, or their agents and representatives. In the event of an audit exception, the current fiscal year grant award or subsequent grant awards will be offset by the amount of the audit exception. In the event the grant is not renewed or supplemented in future years, the Grantee will be billed by the Grantor for the amount of the audit exception and shall promptly repay any audit exception. 5 (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 they will not discriminate against any employees or applicants for employment or against persons for any other benefit or service under this Agreement because of their race, color, religion,'sex, national origin, or physical or mental handicap where the handicap does not affect the ability of an individual to perform in a position of employment, and to abide by all federal and state laws regarding non-discrimination. b) Anti-kickback. Contractor warrants that no person has been employed or retained to solicit or secure this Agreement upon an Agreement or understanding for a commission, percentage, brokerage or contingent fee, and that no employee or officer of the 6 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. j c) Hold harmless/indemnification. Contractor acknowledges that this Agreement is funded at least in part by the County and agrees to indemnify and hold harmless the County and any of its officers and employees from and against any and all claims, liabilities, litigation, causes of action, damages, costs, expenses (including but not limited to fees and expenses arising from any factual investigation, discovery or preparation for litigation), and the payment of any and all of the foregoing or any demands, settlements or judgments (collectively claims) arising directly or indirectly from any negligence or criminal conduct on the part of Contractor in the performance of the terms of this Agreement. The Contractor shall immediately give notice to the County of any suit, claim or action made against the Contractor that is related to the activity under this Agreement, and will cooperate with the County in the investigation arising as a result of any suit, action or claim related this Agreement. d) Insurance. Contractor agrees that it maintains in force at its own expense a liability insurance policy which will insure and indemnify the Contractor and the County from any suits, claims or actions brought by any person or persons and from all costs and expenses of litigation brought against the Contractor for such, injuries to persons or damage to property occurring during the Agreement or thereafter that results from performance by Contractor of the obligations set forth in this Agreement. At all times during the term of this Agreement and for one year after acceptance of the project, Contractor shall maintain on file with the County a certificate of the insurance of the carriers showing that the aforesaid insurance policy is in effect. The following coverage's shall be provided: 1. Workers Compensation insurance as required by Florida Statutes.. 2. Commercial General Liability Insurance with minimum limits of $500,000 per occurrence for bodily injury, personal injury and property damage. 3. Comprehensive Auto Liability Insurance with minimum limits of $300,000 combined single limit per occurrence. " The Contractor, the County and the TDC shall be named as additional insured, exempt •it ' workers compensation. The policies shall provide no less than 30 days notice of cancellation, non-renewal or reduction of coverage. At all times during the term of this Agreement and for one year after acceptance of the project, Contractor shall maintain on file with the County a certificate of insurance showing that the aforesaid insurance coverage's are in effect. I 7 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 any of its officers and employees from and against any and all claims, liabilities, litigation, causes of action, damages, costs, expenses (including but not limited to fees and expenses arising from any factual investigation, discovery or preparation for litigation), and the payment of any and all of the foregoing or any demands, settlements or judgments arising directly or indirectly under this Agreement. The Grantee shall immediately give notice to the Grantor of any suit, claim or action made against the Grantor that is related to the activity under this Agreement, and will cooperate with the Grantor in the investigation arising as a result of any suit, action or claim related to this Agreement. (a) Non-Waiver of Immunity. Notwithstanding he provisions of Sec. 286.28, 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 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 I_ , 8 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, 2006. Termination prior thereto shall occur whenever funds cannot be obtained or cannot be continued at a level sufficient to allow for the continuation of this Agreement pursuant to the terms herein. In the event that funds cannot be continued at a level sufficient to - allow the continuation of this Agreement pursuant to the terms specified herein, this Agreement may then be terminated immediately by written notice of termination delivered in person or by mail to Grantee. The Grantor may terminate this Agreement without cause upon giving written notice of termination to Applicant. The Grantor shall not be obligated to pay for any services or goods provided by Grantee after Grantee has received written notice of termination. 13. TERMINATION FOR BREACH. The Grantor may immediately terminate this Agreement for any breach of the terms contained herein. Such termination shall take place immediately upon receipt of written notice of said termination. Any waiver of any breach of covenants herein contained to be kept and performed by Grantee shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the Grantor from declaring a forfeiture for any succeeding breach either of the same conditions or of any other conditions. Failure to provide Grantor with certification of use of matching funds or matching in-kind services at or above the rate of request for reimbursement or payment by is a breach of Agreement, for which the Grantor may terminate this Agreement upon giving written notification of termination. 14. ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior Agreements with respect to such subject matter between the Grantee and the Grantor. 9 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. (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 will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. (b) Mediation. The County and Grantee agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. (c) 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. (d) 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. 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. (e) Adjudication of Disputes or Disagreements. County and Grantee agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. (f) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this io Agreement, County and Grantee agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Grantee specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 16. ETHICS CLAUSE: Grantee warrants that he has not employed, retained or otherwise had act on his behalf any former County officer or employee in violation of Section 2 or Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of the provision the Grantor may, at its discretion terminate this Agreement without liability and may also, at its discretion, deduct from the Agreement or purchase price, or otherwise recover, the - full amount of any fee, commission, percentage, gift, or consideration paid to the former or present County officer or employee. The County and Grantee warrant that, in respect to itself, it has neither employed nor retained any.company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Grantee agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. (a) Covenant of No Interest. County and Grantee covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. (b) Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 17. PUBLIC ENTITY CRIME STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on an Agreement to provide any goods or services to a public entity, may not submit a bid on a Agreement with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a Agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. it 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 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 Grantee, the Grantor and the TDC shall be named as additional insured, except workers compensation. The policies shall provide no less than 30 days notice of cancellation, non-renewal or reduction of coverage. Grantee shall provide, to the County, as satisfactory evidence of the required insurance, including the insurance policy application and either: • Original Certificate of Insurance or • Certified copy of the actual insurance policy Or • Certificate of Insurance e-mailed from Insurance Agent/Company to County Risk Management (Telephone Maria Slavik at 295-3178 for details) 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 12 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. Insurance should be mailed to: Monroe County Board of County Commissioners C/O Risk Management P.O. Box 1026 Key West, FL 33041 21. NOTICE. Any written notice to be given to either party under this Agreement or related hereto shall be addressed and delivered as follows: For Grantee: For Grantor: Lynda Stuart Monroe County Tourist Development Council 1201 White Street, Suite 102 Key West, FL 33040 and Suzanne Hutton, 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 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 13, Grantee or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 25. ATTESTATIONS. Grantee agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. 26. NO PERSONAL LIABILITY. No covenant or Agreement contained herein shall be deemed to be a covenant or Agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 27. FORCE MAJEURE. The Grantee shall not be liable for delay in performance or failure to complete the project, in whole or in part, due to the occurrence of any contingency beyond its control or the control of its contractors and subcontractors, including war or act of war whether an actual declaration thereof is made or not, act of terrorism impacting travel in the United States, insurrection, riot or civil commotion, act of public enemy, epidemic, quarantine restriction, storm, flood, drought or other act of God, or act of nature (including presence of endangered animal species which cannot be timely removed in a safe manner or any act of any governmental authority which prohibits the project from proceeding as described in the scope of services and incorporated references and which the Grantee has exercised reasonable care in the prevention thereof. However, lack of planning for normal and expected weather conditions for the time of year the project is to be executed shall not constitute an act of God excusing a delay. Any delay or failure due to the causes stated shall not constitute a breach of the Agreement; however, the BOCC shall have the right to determine if there will be any reduction to the amount of funds due to the Grantee after consideration of all relevant facts and circumstances surrounding the delay in performance or failure to complete the project within the contract period. Upon demand of TDC or BOCC, the Grantee must furnish evidence of the causes of such delay or failure. BOCC shall not pay for any goods received or services provided after the date(s) described in paragraph 1 and Scope of Services. 28. EXECUTION IN COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by singing any such counterpart. 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. 14 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairman (SEAL) ATTEST: By: By: Secretary President • 15 EXHIBIT A NAME OF ENTITY: Marathon Garden Club NAME OF PROJECT: Roofing Repair and Front Parking Lot NUMBER OF SEGMENTS TO PROJECT: 2 Note: County signoff and submission for reimbursement only allowed after completion of each segment as documented in this exhibit. Grantee must apply for reimbursement utilizing the `Application for Payment'form included within the Payment/Reimbursement Kit. Schedule of Value TDC Portion Segment #: 1 Description: Roof Repair ( 80 sq. ft. on south face of building) Remove existing roof tiles on the front damaged plywood, repair trusses as needed. Replace plywood with pressure treated material, ice and water shield membrane and existing roof tiles. Total Cost: $3,000 TDC portion: $1 ,500 _ _ __ -- -F ! - ---- L--- EXHIBIT A Segment #: 2 Description: Front Parking Lot Repair Area 1 : (From East property line to the planter/South line-Old St. Hwy. 4A to building/planters) The contractor shall provide and spread fill and 2 loads of 3/4 inch gravel to cover 3200 Sq. Ft., and provide labor to spread gravel & fill. The grade of the gravel will enhance handicapped access to concrete slab that leads to the wheelchair ramp. Area 2: (from said planter to west property line/South Old State Hwy 4A line to Marathon Garden Club planters and gate) Three loads of 3/4 inch gravel and labor to spread same for the Front Parking Lot. Total Cost: $5,093.3 TDC portion: $2,546.00 P^^Q 2 r.f Stuart-Lynda From: Hutton-Suzanne Sent: Friday, September 16, 2005 11:51 AM To: Wheeler-Harold; Stuart-Lynda Cc: Danny Kolhage Subject: Mel Fisher Museum Cap. Projects Audit Harold: I have reviewed the draft audit report with particular attention to the $153,544.47 reimbursement request for Heery. It is my opinion that the County has legal grounds for - demanding repayment, although at the end of this memo, I set forth some considerations which might have an impact on the decision to make that demand, and, if so, the amount to demand. The audit report reflects that Mel Fisher Maritime Heritage Society, Inc. ("Mel Fisher") issued a check in the amount of$153,544.47, never delivered the check to the vendor/contractor, yet submitted a copy of the check and documentation to back it up as an expenditure for which reimbursement was requested from the County. While Mel Fisher eventually made payments to the vendor/contractor, the payments were made after the - termination of the County/Mel Fisher reimbursement contract. Exhibit D reflects that the vendor/contractor (Heery) made the application, #4, for payment in the amount of the $153,544.47 prior to the termination date of the extended contract - between the County and Mel Fisher, but that approximately 80% of the cornice work was still not completed. This indicates to me that of the $153,544.47, work valued at approximately $53,099.20 of the total payment request by Heery had still not been performed as of the date the County/museum contract terminated. Although the County could have amended the contract to extend the termination date, I ' have no evidence that an extension was requested by Mel Fisher. The possibility of an - extension is moot since it was not requested. In Section 4 of the contract dated March 22, 2001, as subsequently amended, there is a - provision requiring the museum to "be responsible for repayment of any and all audit exceptions which are identified by ... the Clerk of Court for Monroe County, the Board of County Commissioners for Monroe County, or their agents and representatives." The audit reflects just such an exception with the request for reimbursement of a check - never negotiated by the museum and, for expenditures which were not actually made until more than one month after the termination of the contract. The contract literally requires that the museum repay the amount of the audit exception. However, the contract also goes on, in Section 4, to address subsequent year awards that may be impacted by the audit exception: "In the event of an audit exception, the current year grant award or subsequent grant awards will be offset by the amount of the audit exception." Mel Fisher apparently did not submit a current year grant application for capital projects. Therefore, the only recourse available to the County is to demand repayment of the audit -- 1 exception. Although there are legal grounds for demanding the repayment, a decision to make such a demand and the extent of repayment requested probably should be reviewed by the policy-makers (TDC recommendation to BOCC), given the following considerations: 1. The official response by the museum Executive Director to the audit inquiry indicates that she was unaware that the check had not been negotiated and therefore would not have had any reason to request an extension. This factor may be indicia of a number of things, including a lack of intentional defrauding of the TDC, at least by the Executive Director, or lax oversight of the accounting and financial activities by same. 2. Approximately two-thirds of the work contracted had been performed although not '- yet actually paid by Mel Fisher as of the termination date of the contract between County and museum. 3. Number two consideration is diminished by the fact that the museum had contracted ' with the County to complete the project, make payments, and seek reimbursement prior to the termination date. The documentation submitted suggests that the reimbursement was made to meet that date although payment had not been made and, in fact, all of the work had not been completed. - 4. There may be other factors of concern to the policy-makers, such'as sending a message to potential applicants that the County will require compliance with the contract documents and expect repayments of audit exceptions as a deterrent to future financial improprieties by such applicants/grantees. Suzanne A. Hutton • :V2 -'> c Y • 'XJl1 ,.Eooumr• CLERK OF THE CIRCUIT COURT MONROE COUNTY BRANCH OFFICE BRANCH OFFICE MARATHON SUB COURTHOUSE MONROE COUNTY COURTHOUSE PLANTATION KEY T 3117 OVERSEAS HIGHWAY 500 WHITEHEAD STREET,SUITE 101 GOVE OVERSEAS HRNMENH CENTAY MARATHON,FLORIDA 33050 IGHWAY KEY WEST FLORIDA 33040 PLANTATION KEY,FLORIDA 33070 TEL.(305)289-6027 TEL.(305)292-3550 TEL.(305)852-7145 FAX(305)289-1745 FAX(305)295-3663 FAX(305)852-7146 MEMORANDUM TO: Sandra L. Mathena Internal Audit Director FROM: Sandra Carlile daiiibeed Finance Director DATE: September 28, 2005 SUBJECT: Response to Draft Audit Report of Monroe County Grant of Funds on Behalf of the Tourist Development Council to Mel Fisher Maritime Heritage Society, Inc. My response to the above stated Internal Audit Report is as follows: Item C Recommendation 1: "The Clerk's Finance Department should not allow payment for these invoices as submitted." Response: The Clerk's Finance Department has not processed the request submitted by the Mel Fisher Maritime Heritage Society (MFMHS) to the Tourist Development Council (TDC) for retainage totaling $45,412.56 for the period August 1, 2004 to September 30, 2004 due to insufficient supporting documentation. The project was not completed as of September 30, 2004 and the Contractor had not requested nor had the Architect certified the request for - payment of retainage. the Clerk's Finance Department has notprocessed the request In addition, q st submitted by MFMHS to the TDC in the amount of $18,000 for Payment Application #3 005 mechanical work completed as it has subsequently been determined and,identified by the general contractor that the roofing contractor had performed the mechanical work and a credit in the amount of$18,000 has been provided by the general contractor on payment application #9. Item F Recommendation 4: "The Clerk's Finance Department should review the reimbursements made versus the budgeted line items as approved by the TDC." Page Two Sandra Mathena September 28, 2005 Response: The Clerk's Finance Department had initially reviewed a MFMHS request for payment only in accordance with the total contract amount. Subsequently, we were informed by TDC that this amount was only a total of line item budgets which MFMHS provided as part of the grant application. We will only review line item budgets should the BOCC incorporate the grant application as part of the contract. Following are some additional comments regarding responses as provided by the Mel Fisher Maritime Heritage Society's Executive Director, Madeleine H. Burnside: 1. Page 7 of 12 item E: "copies of task orders were requested and these were supplied- (See attached exhibit#2)". Comment: Copies of task orders were received as requested but without the estimate of costs as stipulated in a memo, copy attached, from Suzanne Hutton, Assistant County Attorney to my staff with a copy forwarded to Melissa Kendrick. However, the Internal Audit recommendation is focused on proposing a change to the TDC reimbursement procedure to include copies of cancelled checks which would cover proof of payment. This would be assurance to the TDC and the Clerk's Finance Department that payments are issued and released to the vendors. 2. Page 10 of 12 item H: "grant funds endangered by the County Finance reimbursement process for example, there is paperwork that was submitted to the TDC office on October 4, 2004 that still, to this date, has not received resolution. Comment; Once clarification has been provided as a result of the internal audit, we will determine the appropriateness of reimbursing any outstanding claims made as part of the reimbursement process. However, we are not responsible or accountable for any of MFMHS's grant funds and, therefore, cannot take any action with the State involving the same. 1 I , +ram 1 41 ...•T� . BOARD OF COUNTY COMMISSIONERS OUNTY oONROE - :;?-;:: MAYOR Dixie M.5pehar,District 1 -- KEY WEST FLORIDAF3040 �;� �'r nl.V � � �� r .4., __ Mayor Pro Tem,Murray E.Nelson,District 5 fe,4 George Neugent,District 2 , koV 4;1,y 7 Charles"Sonny"McCoy,District 3 — Office of the County Attorney David P.Rice, District 4 PO Box 1026 "`iM-.., Key West, FL 33041-1026 `�.!i T-) 305/292-3470-Phone F ,'_,-.,. ,•"' 305/292-3516 -Fax 1 1 . MEMORANDUM , .,..c • TO: Laura deLoach-Hartle Finance Department FROM: Suzanne A. Huttonci..4", Assistant County Attorney DATE: November 14, 2003 SUBJECT: Mel Fisher Project • I have reviewed certain documents provided to me and have considered the conversation meeting on November 13, 2003 between you, Mr. Kolhage, Melissa Kendrick, Madeleine Burnside, Linda Stuart, Harold Wheeler and myself. Please be advised that the documentation received already satisfies requirements about compliance of Mel Fisher with the County's bid and procurement process. Further, the construction management and architect contracts have sufficient components to comply with the contractual requirements of 8 in the paragraph between the County and the Mel Fisher Museum. p contract Upon receipt of the listing of the various tasks with the estimate of costs, that document should suffice as the "task orders" to be compared to the verification of completed tasks provided Madeleine and the architect. by Please let me know if you have any other questions. cc: Melissa Kendrick Harold Wheeler