FY2007 10/18/2006 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
November 6, 2006
TO:
Lynda Stuart, Office Manager
Tourist Development Council
ATTN:
Maxine Pacini
Administrative Assistant
Pamela G. Han~
Deputy Clerk
FROM:
At the October 18, 2006, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
Fishing Umbrella Event Agreements for Fiscal Year 2007 as follows: Take Stock in
Children Back Country Challenge, October 13-15,2006, in the amount of $2,350.00; Islamorada
Sailfish Tournament, November 30,2006 to December 3,2006, in the amount of $6,000.00; Key
West Fishing Tournament, Inc., December 1, 2006 through November 30,2007, in the amount of
$45,000.00; Don Gurgiolo Sailfish Classic, December 7-9, 2006, in the amount of $3,300.00;
Islamorada Junior Sailfish Tournament, December 15-17, 2006, in the amount of $1,700.00; Key
Largo Sailfish Tournament, January 5-7, 2007, in the amount of$3,850.00; The Outdoor Channel
Offshore Classic, January 14-27, 2007, in the amount of $5,000.00; Hog's Breath King Mackeral
Tournament, January 26-28, 2007, in the amount of $17,000.00; Islamorada Women's Sailfish
Tournament, February 4-6, 2007, in the amount of $2,000.00; 9th Annual Capt. Leon Shell
Memorial Sailfish Tournament, March 2-4, 2007, in the amount of $10,000.00; Islamorada
All-Tackle Spring Bonefish Tournament, March 27-30, 2007, in the amount of $1,500.00; Ocean
Reef BTU Backbone Classic, April 15-17, 2007, in the amount of $5,350.00; World Sailfish
Championship, April 17-21, 2007, in the amount of $37,500.00; Tarpon Tournament, April 28,
2007 to May 3, 2007, in the amount of $3,000.00; Key Largo Dolphin Blast, April 29, 2007 to
May 1, 2007, in the amount of $3,350.00; 21" Annual Faro Blanco Invitational Tarpon
Tournament, May 5-10,2007, in the amount of $3,000.00; 31" Ladies Tarpon Tournament, May
6-7,2007, in the amount of $6,000.00; 41" Annual Marathon International Tarpon Tournament,
May 12-14, 2007, in the amount of$8,000.00; Coconuts Dolphin Tournament, May 18-20, 2007,
in the amount of$12,350.00; Golden Fly Tarpon Tournament, May 20-23,2007, in the amount of
$1,500.00; Yamaha Dolphin Masters Invitational, May 26, 2007, in the amount of $1,000.00;
Don Hawley Tarpon Tournament, June 3-8,2007, in the amount of$I,500.00; Big Pine & Lower
Keys Dolphin Tournament, June 15-27, 2007, in the amount of $9,000.00; Gold Cup Tarpon
Tournament, June 17-22, 2007, in the amount of $1,500.00; Burdines Waterfront ?Ih Annual
Dolphin and Blackfin Fun Fish!, June 22-24, 2007, in the amount of $6,000.00; Key West Gator
Club Dolphin Derby, June 22-24, 2007, in the amount of $8,000.00; Conch Republic Ladies
Dolphin Championship, June 30, 2007, in the amount of $1,000.00; Del Brown Invitational
Permit Tournament, July 17-20, 2007, in the amount of$I,OOO.OO; Key West Marlin Tournament,
July 18-21, 2007, in the amount of $24,000.00; Dolphin Flashover, July 28-30, 2007, in the
amount of$2,500.00; Redbone @LargoLittlePalm Island Grand SLAM, August 14-16,2007, in
the amount $5,500.00; Ghost Hunt, September 7-8,2007, in the amount of $4,350.00; Mercury
Slam Celebrity Tournament, September 7-9, 2007, in the amount of $11,000.00; Islamorada
Invitational Fall Fly Bonefish, September 18-21, 2007, in the amount of $1,500.00; Mercury
Baybone Celebrity Tournament, September 28-30, 2007, in the amount of $7,350.00; Mercury
Outboards Bonefishing World Championship Islamorada All-Tackle Bonefishing Tournament,
October 7-12, 2007, in the amount of $1,500.00; "Ladies, Let's Go Fishing!" Islamorada,
October 15, 2007, in the amount of $2,000.00; and Mercury CheecaJRedbone Celebrity
Tournament, November 30,2007 to December 2,2007, in the amount of$5,500.00.
./ Grant Award Agreement between Monroe County and Key West Art & Historical Society
for the Custom House Museum Repairs and Improvements project in an amount not to exceed
$70,425, DAC I, FY 2007 Capital Resources.
Assignment and Amendment to Extend the Agreement between Monroe County and
Artificial Reefs of the Keys for the Vandenberg Project to the City of Key West.
Destination Events Agreement between Monroe County and the Lower Keys Chamber of
Commerce, Inc. covering the 6th Annual Lower Keys Jazz Festival on March 25, 2007 in an
amount not to exceed $8,000, DAC II, FY 2207 Event Resources.
Destination Events Agreement between Monroe County and the Upper Keys Rotary
Foundation, Inc. covering the 12th Annual Gigantic Nautical Flea Market on February 24-25,2007
in an amount not to exceed $15,000, DAC IV, FY 2007 Event Resources.
Turn Key Events Agreement between Monroe County and Premiere Racing, Inc. covering
Acura Key West 2007 on January 14-19, 2007 in an amount not to exceed $100,000, DAC I, FY
2007 Event Resources.
Turn Key Events Agreement between Monroe County and Upper Keys Community Pool,
Inc. covering Orange Bowl Winter Training & Swim Classic between December 15, 2007 and
January 18, 2008 in an amount not to exceed $30,000, DAC V, FY 2007 Event Resources.
Destination Events Agreement between Monroe County and Upper Keys Association of
Dive and Snorkel Operators, Inc. covering the Island Sun Splash 2007 in an amount not to exceed
$64,400 ($32,200, DAC IV, FY 2007 Event Resources and $32,200, DAC V, FY 2007 Event
Resources).
Grant Award Agreement between Monroe County and Mitchell Wolfson Family
Foundation, Inc. covering the Rehabilitation of the Audubon Geiger House Museum project in an
amount not to exceed $15,000, DAC I, FY 2007 Capital Resources.
Destination Events Agreement between Monroe County and the Gay & Lesbian
Community Center of Key West, Inc. covering PrideFest 2007 on June 3-11, 2007 in an amount
not to exceed $38,000, DAC I, FY 2007 Event Resources.
Destination Events Agreement between Monroe County and Florida Keys Land & Sea
Trust, Inc. covering the Bahamian Festival on January 26-28, 2007 in an amount not to exceed
$8,000, DAC Ill, FY 2007 Third Penny Event Resources.
Destination Events Agreement between Monroe County and Islamorada Chamber of
Commerce covering the Florida Keys Holiday Festival on November 20, 2007 to December 1,
2007 in an amount not to exceed $25,000, DAC IV, FY 2007 Event Resources.
Destination Events Agreement between Monroe County and Take Chances at the Helm,
Inc. covering the Tradewinds Open Catamaran Nationals Regatta on January 12-14, 2007 in an
amount not to exceed $20,000, DAC IV, FY 2007 Event Resources.
Destination Events Agreement between Monroe County and Key West Business Guild,
Inc. covering Tropical Heat on April 12-15, 2007 in an amount not to exceed $17,000, DAC I,
FY 2007 Event Resources.
Destination Events Agreement between Monroe County and the Greater Marathon
Chamber of Commerce, Inc. covering the Original Marathon Seafood Festival on March 17-18,
2007 in an amount not to exceed $25,000, DAC Ill, FY 2007 Third Penny Event Resources.
Grant Award Agreement between Monroe County and Mote Marine Laboratory, Inc.
covering the Mote Marine Lab Living Reef Exhibit project at the Dr. Nancy Foster Florida Keys
Eco Discovery Center in an amount not to exceed $200,000, DAC I, FY 2007 Capital Resources.
Grant Award Agreement between Monroe County and Key West Film Society, Inc. for
the Tropic Cinema Phase 4 project in an amount not to exceed $40,552, DAC I, FY 2007 Capital
Resources.
Cultural Umbrella Event Agreements for Fiscal Year 2007, as follows: Island Opera
Theatre Concert Series, October I, 2006 to June 30, 2007, in the amount of $20,500.00; "The
Tempest" - Hurricanes that Tormented Spanish Shipping, 1550-1750, October I, 2006 to
September 30,2007, in the amount of $24,433.00; In Their Own Words, The History of the Key
West Lighthouse, October I, 2006 to September 30, 2007, in the amount of $24,434.00; Key
West Players d/b/a Waterfront Playhouse, October I, 2006 to September 30,2007, in the amount
of $21,000.00; Marathon Community Theatre Season 2006-2007, October I, 2006 to September
30,2007, in the amount of $20,000.00; Performance at St. Paul's, October I, 2006 to September
30, 2007, in the amount $5,000.00; Red Barn Theatre/Live Theatre, October I, 2006 to
September 30, 2007, in the amount of $21,000.00; Purple Isles 41" Annual Members' Judged
Show Two additional Outdoor Shows, November I, 2006 to March 31,2007, in the amount of
$10,000; South Florida Center for the Arts Season Historic Holiday Candlewalk; 2007 Upper
Keys Concert Series; Bonus Benefit Concert; St. Patrick's Pops in the Park, November I, 2006 to
March 31, 2007, in the amount of $25,000.00; Pops in the Park, November 1,2006 to April 28,
2007, in the amount of$13,570.00; Tennessee Williams Theatre 2006-2007 Season, November I,
2006 to June 30, 2007, in the amount of $20,000; Impromptu Concerts, November I, 2006 to
July 3 I, 2007, in the amount of $13,500.00; The Key West Pops Orchestra, November I I, 2006
to February 3, 2007, in the amount of $9,000.00; "Man's Quest to Explore Under the Sea",
November 15,2006 to September 19, 2007, in the amount of$18,068.00; Florida Keys Art Guild
Outdoor Art Festivals, November 25, 2006 to May 28, 2007, in the amount of $21,000.00;
Marathon Garden Club's 2006/2007 Seasonal Events, December 1,2006 to March 31, 2007, in
the amount of $1 8,000.00; Key West Symphony Orchestra 2006-2007 Season, December 2,2006
to June 29, 2007, in the amount of $20,000.00; 47th Annual Key West House & Garden Tours;
45th Annual Conch Shell Blowing Contest, December 29,2006 to March 31,2007, in the amount
of $13,500.00; Middle Keys Concert Season, January I, 2007 to March 31, 2007, in the amount
of $11,000.00; Sculpture Key West, January 6, 2007 to April 22, 2007, in the amount of
$21,000.00; 25th and 26th Annual Key West Literary Seminar, January 7, 2007 to January 13,
2008, in the amount of $9,000.00; Art Under the Oaks, January 12-13, 2007, in the amount of
$7,565.00; Key West Craft Show, January 27-28, 2007, in the amount of $5,000.00; Civil War
Heritage Days, February 8-1 I, 2007, in the amount of $5,000.00; Pigeon Key Art Festival,
February 9-11,2007, in the amount of $10,000.00; Old Island Days Art Festival, February 24-25,
2007, in the amount of $5,000.00; Robert Frost Poetry Festival, April 11-15,2007, in the amount
of $5,000.00; Harry S. Truman Legacy Symposium & Exhibit: Los Alamos to the Everglades;
Truman's Environmental Legacy, June 7-9, 2007, in the amount of $15,000.00; 23'" Annual
Underwater Music Festival, July 14, 2007, in the amount of$9,500.00; and Florida Keys Birding
and Wildlife Festival, September 28-30,2007, in the amount of$8,738.00.
Grant Award Agreement between Monroe County and the Dolphin Research Center, Inc.
for the Dolphin Research Center Hurricane Recovery project in an amount not to exceed $47,200,
DAC III, FY 2007 Capital Resources.
InterIocal Agreement between Monroe County and the City of Key West in an amount not
to exceed $43,750, DAC I, FY 2007 Capital Project Resources for the White Street Pier Rip Rap
Installation project.
Interlocal Agreement between Monroe County and the City of Key West for the Beach
Renourishment Project in an amount not to exceed $77,550, DAC I, FY 2007 Capital Project
Resources.
Addendum to Agreement between Monroe County and Dolphin Research Center, Inc. for
the Fish Freezer and Restoration of the Front Sign project.
Agreement between Monroe County and Islamorada Village of Islands for the Beach
Maintenance Services in an amount not to exceed $59,408, DAC IV, FY 2007 Capital Resources.
Interlocal Agreement between Monroe County and the City of Key West for use of
Tourist Development Funds for the Vandenberg Project in an amount not to exceed $750,000,
DAC I, Capital Resources ($375,000, DAC I, FY 2007, Capital Project Resources; $375,000,
DAC I, FY 2007, Capital Project Resources).
Destination Events Agreement between Monroe County and Islamorada Chamber of
Commerce, Inc. covering the 16th Annual Florida Keys Island Festival on May 19-20, 2007 in an
amount not to exceed $35,000, DAC IV, FY 2007 Event Resources.
Enclosed are two duplicate originals of each of the above-mentioned for your handling.
Should you have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance
File
Grant Award AQreement
This AGREEMENT dated the (tt~ay of ()~ 2006, 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 Key West Art & Historical Society,
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 museum which is open to the public; and
WHEREAS, Grantee has applied for funding for the Custom House
Museum - Repairs and Improvements 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 repair and improve the property for use as a museum which is 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 18,
2006 through to September 30, 2007. This Agreement shall remain in effect for the
stated period unless one party gives to the other written notification of termination
pursuant to and in compliance with paragraphs 7,12 and 13 below.
2. SCOPE OF AGREEMENT. The Grantee shall provide the following scope of
services: Seqment 1: Such services and materials as are required for installation of an
Irrigation system; Repair and improvement to the Path to History; Installation of a
parking area; Installation of an exterior lighting system; Planting restoration; Installation
of historic markers and granite benches and porch benches; Repair and installation of
floors and stairs; Repair of air conditioning unit. Seqment 2: Such services and
materials as are required for a generator protective structure. Segment(s) of the work
is/are more particularly described in Exhibit(s) A, detailing the work and the cost
allocable to each segment, attached hereto and incorporated herein by reference. All
work for which grant funds are to be expended must be completed by the stated
termination date of September 30, 2007 and all invoices pertaining to this project shall
Custom House Museum
Capital Project Funding FY 2007
3. AMOUNT OF AGREEMENT AND PAYMENT. The Grantor shall provide an
amount not to exceed $70,425 (Seventy Thousand, Four Hundred and Twenty Five
Dollars) for materials and services used to repair and improve the property.
Reimbursement request must show that Grantee has paid in full for materials and
services relating to the segment prior to seeking the 50% (fifty percent) reimbursement
from Grantor. Payment shall be 50% (fifty percent) reimbursement of the total cost of
the segment, subject to the cap on expenditures for that segment as set forth in Exhibit
A. Reimbursement can be sought after each segment of the Agreement is completed
and signed by the Monroe County Engineering Department as outlined in 3.a. The
Board of County Commissioners and the Tourist Development Council assume no
liability to fund this Agreement 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- AlA Document G702 or similar certification as
required below for governmental entities and not-for-profit entities, invoices, canceled
checks and other documentation necessary to support a claim for
reimbursement. Payment is a 50% (fifty percent) reimbursement of the total cost of each
segment of the project, subject to the cap on expenditures for that segment as set forth
in Exhibit A. Reimbursement can be sought after each segment of the Agreement is
completed and signed by the Monroe County Engineering Department as outlined in
3.a. Included in said documentation shall be proof that the Grantee has received the
property, realty or personalty, for each segment of Agreement as outlined in Exhibit A
and paid an amount equal to or greater than the amount invoiced to the Grantor. It shall
be necessary for the Grantee to contact the County Engineering Division and to arrange
for inspections upon the completion of each segment. The documentation needed to
support the payment request shall be in the form necessary for submission and
available to the County engineer at the time of inspection. All submissions for
payment shall have a proposed schedule of values for segment(s) and indicate the
percentage of completion of the overall project as of the submission. This document
should be signed by the project architect, engineer, general contractor or project
manager. Photos of the progress of the work shall also be submitted with the payment
application. It shall be the responsibility of the project architect, engineer, general
contractor or project manager to initiate the communication with the Monroe County
Engineering Division to facilitate the inspection(s) of the segment of the project. All
submissions requesting payment shall be approved in writing, and signed, by the
Monroe County Engineering Division as to the completion of the segment of the project
for which payment is requested. The application for payment document must be
certified through a statement signed by an officer of the organization and notarized,
declaring that representations in the invoice are true and factual. Grantee shall also
provide partial releases of liens or certifications of non-lien if applicable. Grantor shall
retain 10% of any payment on work in progress until the Grantee has provided a Final
Release of Lien for each vendor/Contractor for whom payment is requested. For
Custom House Museum
Capital Project Funding FY 2007
3
projects exceeding $25,000 in TDC funding under this Agreement, final payment will not
be made until the following documents are complete and submitted to the Grantor:
AlA Document G-702 Application for Payment Summary
AlA Document G-704 Certificate of Substantial Completion
AlA Document G-706 Contractor's Affidavit of Debts & Claims
AlA Document G-706A Contractor's Affidavit of Release of Liens
AlA Document G-707 Consent of Surety to Final Payment (when applicable)
Final Release of Lien or Affidavit and Partial Release of Lien
For projects for which TDC funding under this Agreement is $25,000 or less, the AlA
documentation is not required, but sufficient documentation must be submitted to
County to provide similar assurances that the work has been completed and
contractors/suppliers paid.
All payment requests must be submitted no later than the completion of project of
September 30, 2007. Invoices received after September 30, 2007 will not be
considered for payment.
b) Documentation shall be submitted to the TDC Administrative Office to show the
receipt and application of in-kind donations of goods, professional services, and
materials. Said documentation should include invoices, bills of lading, etc., and be
verified as received and applied to the project through a notarized statement of the
project architect, engineer, general contractor or project manager. The receipt and
application to the project of volunteer labor are to be documented and verified by
notarized signature of the project architect, engineer, general contractor or project
manager, and said documentation submitted to the TDC Administrative Office. All
submissions shall identify the items included in Exhibit A and grantee shall complete the
Application for Payment form which is provided within the payment/reimbursement kit
provided to the grantee, listing the schedule of values which are sought to be
reimbursed and shall indicate the percentage of completion of the overall project as of
the submission. This document should be signed by the project architect, engineer,
general contractor or project manager.
Photographs showing progress on project shall be included in any payment request.
The Project Manager shall certify delivery to the project site and installation therein of
any goods or services provided other than through an architect, engineer or contractor.
All work performed and goods received on site and incorporated into the project shall be
verified by one of the foregoing. Submission of any documentation which is untrue,
falsified, or otherwise misrepresents the work which has been completed, paid, or
donated shall constitute a breach of agreement, for which breach the contract may be
immediately terminated at the discretion of the County, whose decision shall be final.
c) Grantee must submit all documentation for final payment on or before the
termination date of this grant of September 30, 2007. Invoices received after
September 30, 2007 will not be considered for payment.
Custom House Museum
Capital Project Funding FY 2007g
4
d) At any time that the documentation requirement policies of Monroe County are
revised, such as to require annual inventory reports for equipment purchased under a
TDC capital project grant, Grantee shall comply thereafter with such increased
requirements, or further funding under the Agreement may be terminated by County.
e) Upon successful completion of this Grant Agreement, the Grantee may retain
ownership of the real and personal property acquired and/or improved with funding
under this Grant Agreement. However, the Grantee shall maintain, preserve and
operate the property which was acquired or improved under this Agreement for the uses
and purposes which qualified the Grantee for tourist development tax funding. Grantee
shall complete and sign a Property Reporting Form (provided within
payment/reimbursement package) for personal property and forward said completed
form with the appropriate invoice to the TDC Administrative Office. Real 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
Custom House Museum
Capital Project Funding FY 2007
5
Grantee shall also provide such access to the personal property and equipment
purchased under this Agreement. It is the responsibility of the Grantee to maintain
appropriate records in accordance with generally accepted accounting principles
consistently applied to insure a proper accounting of all funds and expenditures. The
Grantee understands that it shall be responsible for repayment of any and all audit
exceptions which are identified by the Auditor General for the State of Florida, the Clerk
of Court for Monroe County, the Board of County Commissioners for Monroe County, or
their agents and representatives. In the event of an audit exception, the current fiscal
year grant award or subsequent grant awards will be offset by the amount of the audit
exception. In the event the grant is not renewed or supplemented in future years, the
Grantee will be billed by the Grantor for the amount of the audit exception and shall
promptly repay any audit exception.
(a) Public Access. The County and Grantee shall allow and permit reasonable access
to, and inspection of, all documents, papers, letters or other materials in its possession
or under its control subject to the provisions of Chapter 119, Florida Statutes, and made
or received by the 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.
Custom House Museum
Capital Project Funding FY 2007
6
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
seNice under this Agreement because of their race, color, religion, sex, national origin,
or physical or mental handicap where the handicap does not affect the ability of an
individual to perform in a position of employment, and to abide by all federal and state
laws regarding non-discrimination.
b) Anti-kickback. Contractor warrants that no person has been employed or retained to
solicit or secure this Agreement upon an Agreement or understanding for a commission,
percentage, brokerage or contingent fee, and that no employee or officer of the
Contractor has any interest, financially or otherwise, in contractor. For breach or
violation of this warranty, the Contractor shall have the right to annul this Agreement
without liability or, in its discretion, to deduct from the Agreement price or consideration,
the full amount of such commission, percentage, brokerage or contingent fee.
Contractor acknowledges that it is aware that funding for this Agreement is available at
least in part through the County and that violation of this paragraph may result in the
County withdrawing funding for the Project.
c) Hold harmless/indemnification. Contractor acknowledges that this Agreement is
funded at least in part by the County and agrees to indemnify and hold harmless the
County and any of its officers and employees from and against any and all claims,
liabilities, litigation, causes of action, damages, costs, expenses (including but not
limited to fees and expenses arising from any factual investigation, discovery or
preparation for litigation), and the payment of any and all of the foregoing or any
demands, settlements or judgments (collectively claims) arising directly or indirectly
from any negligence or criminal conduct on the part of Contractor in the performance of
the terms of this Agreement. The Contractor shall immediately give notice to the
County of any suit, claim or action made against the Contractor that is related to the
activity under this Agreement, and will cooperate with the County in the investigation
arising as a result of any suit, action or claim related this Agreement.
d) Insurance. Contractor agrees that it maintains in force at its own expense a liability
insurance policy which will insure and indemnify the Contractor and the County from
any suits, claims or actions brought by any person or persons and from all costs and
expenses of litigation brought against the Contractor for such injuries to persons or
damage to property occurring during the Agreement or thereafter that results from
performance by Contractor of the obligations set forth in this Agreement. At all times
during the term of this Agreement and for one year after acceptance of the project,
Contractor shall maintain on file with the County a certificate of the insurance of the
carriers showing that the aforesaid insurance policy is in effect. The following
coverage's shall be provided:
1. Workers Compensation insurance as required by Florida Statutes.
Custom House Museum
Capital Project Funding FY 2007
7
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
workers compensation. The policies shall provide no less than 30 days notice of
cancellation, non-renewal or reduction of coverage.
At all times during the term of this Agreement and for one year after acceptance of the
project, Contractor shall maintain on file with the County a certificate of insurance
showing that the aforesaid insurance coverage's are in effect.
e) Licensing and Permits. Contractor warrants that it shall have, prior to
commencement of work under this Agreement and at all times during said work, all
required licenses and permits whether federal, state, County or City.
1) 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. 768.28, Florida
Statutes, the participation of the County and the Grantee in this Agreement and the
acquisition of any commercial liability insurance coverage, self-insurance coverage, or
local government liability insurance pool coverage shall not be deemed a waiver of
immunity to the extent of liability coverage, nor shall any contract entered into by the
County be required to contain any provision for waiver.
(b) Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and penSions and relief, disability,
workers' compensation, and other benefits which apply to the activity of officers, agents,
or employees of any pUblic agents or employees of the County, when performing their
respective functions under this Agreement within the territorial limits of the County shall
Custom House Museum
Capital Project Funding FY 2007
8
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
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, 2007.
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
Custom House Museum
Capital Project Funding FY 2007
9
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.
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) Severability. If any term, covenant, condition or provision of this Agreement (or
the application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining terms,
covenants, conditions and provisions of this Agreement, shall not be affected thereby;
and each remaining term, covenant, condition and provision of this Agreement shall be
valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement.
The County and Grantee agree to reform the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
(c) Attorney's Fees and Costs. The County and Grantee agree that in the event any
cause of action or administrative proceeding is initiated or defended by any party
relative to the enforcement or interpretation of this Agreement, the prevailing party shall
be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket
expenses, as an award against the non-prevailing party, and shall include attorney's
fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings.
Mediation proceedings initiated and conducted pursuant to this Agreement shall be in
Custom House Museum
Capital Project Funding FY 2007
10
accordance with the Florida Rules of Civil Procedure and usual and customary
procedures required by the circuit court of Monroe County.
(d) Adjudication of Disputes or Disagreements. County and Grantee agree that all
disputes and disagreements shall be attempted to be resolved by meet and confer
sessions between representatives of each of the parties. If no resolution can be agreed
upon within 30 days after the first meet and confer session, the issue or issues shall be
discussed at a public meeting of the Board of County Commissioners. If the issue or
issues are still not resolved to the satisfaction of the parties, then any party shall have
the right to seek such relief or remedy as may be provided by this Agreement or by
Florida law.
(e) Cooperation. In the event any administrative or legal proceeding is instituted
against either party relating to the formation, execution, performance, or breach of this
Agreement, County and Grantee agree to participate, to the extent required by the other
party, in all proceedings, hearings, processes, meetings, and other activities related to
the substance of this Agreement or provision of the services under this Agreement.
County and Grantee specifically agree that no party to this Agreement shall be required
to enter into any arbitration proceedings related to this Agreement.
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;
Custom House Museum
Capital Project Funding FY 2007
11
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.
18. AUTHORITY: Grantee warrants that it is authorized by law to engage in the
performance of the activities encompassed by the project herein described. Each of the
signatories for the Grantee below certifies and warrants that the Grantee's name in this
Agreement is the full name as designated in its corporate charter (if a corporation); they
are empowered to act and contract for the Grantee, and this Agreement has been
approved by the Board of Directors of Grantee or other appropriate authority.
19. LICENSING AND PERMITS: Grantee warrants that it shall have, prior to
commencement of work under this Agreement and at all times during said work, all
required licenses and permits whether federal, state, County or City.
20. INSURANCE: Grantee agrees that it maintains in force at its own expense a
liability insurance policy which will insure and indemnify the Grantee and the Grantor
from any suits, claims or actions brought by any person or persons and from all costs
and expenses of litigation brought against the Grantee for such injuries to persons or
damage to property occurring during the Agreement or thereafter that results from
performance by Grantee of the obligations set forth in this Agreement. At all times
during the term of this Agreement and for one year after acceptance of the project,
Grantee shall maintain on file with the Grantor a certificate of the insurance of the
carriers showing that the aforesaid insurance policy is in effect. The following
coverage's shall be provided:
1. Workers Compensation insurance as required by Florida Statutes.
2. Commercial General Liability Insurance with minimum limits of $500,000
Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable
shall be $250,000 per Person $500,000 per occurrence $50,000 property damage
3. Comprehensive Auto Liability Insurance with minimum limits of $300,000
combined single limit per occurrence.
The Grantee, the Grantor and the TDC shall be named as additional insured, except
workers compensation. The policies shall provide no less than 30 days notice of
cancellation, non-renewal or reduction of coverage.
Custom House Museum
Capital Project Funding FY 2007
12
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
being executed by the Clerks office. The Insurance policy must state that the
Monroe County BOCC and Monroe County TOC is the Certificate Holder and
additional Insured for this contract. Insurance should be mailed to:
Monroe County Board of County Commissioners
C/O Risk Management
P.O. Box 1026
Key West, FL 33041
21. NOTICE. Any written notice to be given to either party under this Agreement or
related hereto shall be addressed and delivered as follows:
For Grantee: Claudia Pennengton
Key West Art & Historical Society
281 Front Street
Key West, FL 33040
For Grantor: Lynda Stuart
Monroe County Tourist Development Council
1201 White Street, Suite 102
Key West, FL 33040
and
Susan Grimsley, Asst. County Attorney
P.O. Box 1026
Key West, FL 33041-1026
22. CLAIMS FOR FEDERAL OR STATE AID. Contractor and County agree
that each shall be, and is, empowered to apply for, seek, and obtain federal and state
funds to further the purpose of this Agreement; provided that all applications, requests,
Custom House Museum
Capital Project Funding FY 2007
13
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
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
Custom House Museum
Capital Project Funding FY 2007
14
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.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
i~';'2':.'
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MONRO! COUNTY ATTOANEY
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Certificate of Insurance Page I of 1
Florida Retail Federation
eBoard of(T'hrouirsmtcurna
Wll" Kdral, Ic,F(eoige Sandclir,
b'icr, Clrmrrunn
John D. Hanaclman
A1Md,, r,rrd Ay Sn....w .dnrr 1079 Nis Nissen
P.O. nos 988 • Lakcl:md. I 3,3802-0983 • tnrwsrnnnrilhulAings rm^-fhamus S. 11m,,il
I c)cphone (863) W-6060 or 1-R00 282-7648 • Faa (963) 666-1958 Charles R.'A intz
CERTIFICATE OF INSURANCE
RE:0520-07748
ISSUED TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
1100 SIMONTON ST.
KEY WEST, FL 33040
Attn:C/O RISK MANGEMENT
This is to certify that Key West Art & Historical Society, Inc. 281 Front Street Key West FL 33040-0000,
being subject to the provisions of the Florida Workers' Compensation Law, has secured the payment of any
workers' compensation benefits due by insuring their risk with the Florida Retail Federation Self Insurers Fund.
POLICY NUMBER:
EFFECTIVE DATE
EXPIRATION DATE
0520-07748
January 01,_2006
January 01, 2007
WC Statutory Limits --State of Florida
Employers Liability
100,000
100,000
500,000
(Each Accident)
(Disease --Each Employee)
(Disease --Policy Limit)
This certificate is not a policy and of itself does not afford any insurance. Nothing contained in this
certificate shall be construed as amending, extending, or altering coverage not afforded by the policy shown
above or affording insurance to any insured not named above.
The policy of insurance listed above has been issued to the named insured for the policy period indicated.
Notwithstanding any requirement, term or condition of any contract or other document to which this certificate
may pertain, the insurance made available by the described policy in this certificate is subject to only the
terms, exclusions and conditions of such policy. Paid claims may have reduced the shown limits.
If the policy described above is cancelled before the expiration date indicated, the issuing company will
attempt to mail 30 days' written notice to the certificate holder named above, although if cancellation is for
nonpayment of premium, then the issuing company will attempt to mail 10 days' written notice to the
certificate holder. In any event, the issuing company, its agents, and representatives accept no obligation or
liability of any kind for failure to mail such notice.
Date:
I II
Summit, Administrator
Florida Retail Federation Self Insurers Fund
September 1, 2006
0('
https://www.summitholdings. com/summitweb/secure. nsf`coi_coiaddprint?openfonn&policy... 9/ 1 /2006
ACORo. CERTIFIC/ E OF LIABILITY INSURA►.�E DP ID ---
DATE (MMIDD/YYYY)
DUCER
IKEYWE-1 09 O1 06
THIS CERTIFICATE IS ISSUE
The Johnsons Insurance Agency ___ D AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
13361 Overseas Highway' - - - CERTIFICATE DOES NOT AMEND, EXTEND OR ` TER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
Marathon E'h 33050 _ i�.l�!i;'_.'.
Phone:305-289-0213
-_- ..- r _ _ INSURERS AFFORDING COVERAGE _ NAIC #
INSURED- --
KeyWest 5 MS4 RA' T1:e St. Paul Cmp1
--
Society INSURER
Art 6 Historical w__suRER e. oanies
_..
Soc
ety
283. Fro INSURER C: - -----
Key Front
tFLt33040 P! I (1,'LRER D —j --- - -..-- -...
3 5 t — -- —�---
tisuBEaE __._j ——
AVERAGES __—..—____
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY ftEOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
TR NSR TYPE OF INSURANCE POLICY NUMBER L Y �C _ E P_ I
GENERAL LIABILITY
A X X COMMERCIAL GENERALLIARLITY I6607396HO97TIA05
CLAIMS MADE OCCUR
GENT AGGREGATE LIMIT APPLIES PER:
LIMITS
EACH OCCURRENCE $1, 000 , OOO
11/19/05 11/19/06 UE-PREMISETURENTuenceJ 51001000
MED EXP (Any one Person) $5 , 000
PERSONAL B ADV INJURY 511000 ODO
GENERALAGGREGATE $2,000,000
PRODUCTS - COMP/OP AGG $2,000.DOrt
AUTOMOBILE LIABILITY
A X LH
I6607396H097TIA05
ANVLLOAUTOWNED
11/19/05 11/19/06
COMBINED SINGLE LIMIT
(Ea student) S
A AUTOS
_
SCHEDULED AUTOS
BODILY INJURY
HIRED AUTOS
(Per Person) S
NON -OWNED AUTOS
BODILY INJURY
(Per accident) $
PROPERTY DAMAGE
GARAGE LIABILITY
(Per accident) S
ANY AUTO
AUTO ONLY. EA ACCIDENT S
OTHER THAN EA ACC S
EXCESS/UMBRELLA LABILITY
AUTO ONLY:
AGG S
OCCUR ❑ CLAIMS MADE
n `/ _
EACH OCCURRENCE $
AGGREGATE S
DEDUCTIBLE
RETENTION $
S
WORKERS COMPENSATION AND
S
EMPLOYERS' LIABILITY
ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED'
1l) .�)
-
TORY LIMITS ER _
, /j .�
E.L. EACH ACCIDENT $
If yes desctlbe Under
SPECIAL PROVISIONS below
1�lll`l-1,P
.
EL. DISEASE EA EMPLOYEE S
OTHER
E.L DISEASE - POLICY LIMIT $
A Commercial Applica I6607396HO97TIA05
11/19/05
11/19/06
1 UKIPTON OF OPERATIONS/LOCATIONS/VEHICLES/ EXCLUSIONS ADDED BY ENDORSEMENT/SPECAL
Museums -Not -For -Profit Only including
VI
PROSIGNS
products
Gift Shops Premises Operations
and/or completed operations
ors r rvn
MONRO— 6 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN
MOnrOe County HOCC NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
K1100 Simonton Street IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
ey West FL 33040 RCCueev.._. _...__
25
1988
1996 Edition
MONROE COUNTY, FLORIDA
Request For Waiver
of
Insurance Requirements
It is requested that the insurance requirements, as specified in the County's Schedule of Insurance
Requirements, be waived or modified on the following contract.
Contractor: Key West Art & Historical Society
Contract for: TDC Capital Projects/Custom House Museum Projects
Address of Contractor: 281 Front Street, Key West, Florida 33040
Phone: 305-295-6616
Scope of Work: Landscape Repair & Improvements, Floor Repair and
Restoration, Air Conditioning unit Repair, and Generator
Protective Structure
Reason for Waiver: KWAHS owns no automobiles
Policies Waiver will
apply to: Comprehensive Auto Liability Insurance
Signature of Contractor: rhlo�"S"(AA
Approved Not Approved
Y�ii � mil i1
Risk Management: 1 ` I (X1
Date:
County Administrator Appeal:
Approved _
natp.
Not Approved
Board of County Commissioners Appeal:
Approved Not Approved
Meeting Date:
Administration Instruction
#4709.2