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Miscellaneous CorrespondenceThe Restoration of Old City Hall A Community Project Spearheaded by the Historic Florida Keys Preservation Board, 500 Whitehead Street, Key West, FL 33040 305-292-6719 TOTAL COST OF SHUTTERS FOR OLD CITY HALL Pertaining to Interlocal Agreements between the HFKPB, Monroe County and the City of Key West. SHUTTERS/OLD CITY HALL 7/9/90 CONTRACTS: D.L. Porter, Installation 19,480.00 Historic Shutter and Restoration 23,684.00 Island Iron and Ink 500.00 Sunset Shutters 6,314.00 TOTAL C'rda'V4'� '� 49,978.00 S OLD CITY I TALL STATUS A: A HURRICANE REFUGE The I li storic Florida Keys Preservation hoard, owner of Old City Hal I at 510 Greene Street, Key West, FL 33040, w i 11 comm i t the use of the second floor of Old City I laII to the Monroe County Civil Defense upon notification from Civil Defense that the building is needed and to be used for a "Hurricane Refuge." M(mroe County will provide necessary security and personnel to operate Old City,Hall as a "Hurricane Refuge" for the period of time deemed necessary. R S' Chairman, Historic Florida Keys Preservation Bd. Approved at regular meeting of the Board July 10, 1990 500 WHITEHEAD STREET • KEY WEST, FLORIDA 33040 • (305) 292-6718 RESOLUTION NO - 9 0 - 312 RESOLUTION APPROVIM A INTERLOCAL AMMIENT c EN THEOF D• /A AND THE HLS-IMIC•' /A KEYS PRESERVATION BOARD CONCRUUM CONSTRUCTION 1 INSTALLATION OF D►11 a •R 1UUUCANE- SHUTTERS AND INTERIOR WOODENE' FOR • 1 PROVIDING UITL= DATE. BE IT RESOLVED by the City Commission of the City of Key West, Florida that the attached Interlocal Agreement between the City. of Key West and The Historic Florida Keys Preservation Board concerning construction and installation of exterior hurricane shutters and interior wooden shutters for Old City Hall is hereby approved. The City Manager of the City of Key West is hereby authorized and empowered to execute the said agreement on behalf of the City of Key West, and the Clerk of said City is hereby authorized to attest the signature of said City Manager the said agreement and affix the Seal of the City thereto. 'This Resolution shall go into effect immediately upon its passage and adoption and authentication by the signatures of the presiding officer and the Clerk of the Commission. Passed and adopted by the City Commission at a meeting held this 12 day of June , 1990. ATTEST I 1 TO -NY TARMCINO, MAYOR WHEREAS, Resolution No. 90-288 of the City Commission of the City of Key West, Florida authorized an Interlocal Agreement between said City and the Historic Florida Keys Preservation Board regarding construction and installation of certain shutters for Old City Hall, and has authorized partial funding for this purpose; and WHEREAS, the Historic Florida Keys Preservation Board is authorized to enter into, and has approved, this Interlocal Agreement; it is hereby MUTUALLY AGED BETWEEN THE CITY OF KEY WEST, FLORIDA AND THE HISTORIC FLORIDA KEYS PRESERVATION BOARD that: 1. The City of Key West shall, upon confirmation of receipt of a matching donation from Monroe County, set aside a sum not to exceed $25,000.00 necessary for the manufacture and installation of 28 pair of wooden, second floor window shutters, two pair of bi-fold doors inside the main entrance gates, and (should there be remaining funds) 22 pairs of interior louvered shutters for the interior of second floor windows at Old City Hall, 510 Greene Street, to the Historic Florida Keys Preservation Board. 2. Said shutters shall be approved by HARC and shall meet standards necessary to obtain Hurricane Refuge status from Monroe County. 3. Payment of,the above amount shall be made to Board by City as needed, and within 15 days following submission by Board of itemized invoices covering each stage of the work. 4. Board shall hold City harmless from all actions, claims, penalties, and judgments for damages at law or equity of any nature whatsoever arising, or alleged to arise, out of Boards acts or omissions, or those of its employees, agents, independent contractors, licensees, customers, or invitees, in connection with the activities described in this Interlocal Agreement. (SEAL) TEST: a-4a(l EP PARKER, z ATTEST: 44� i- --W—V 6"�no7e Secretary to Boar CITY OF KEY WEST, FLORIDA By: 0 , '-\ (0— - - - G. FELrX COOPER, ITY GER tl_ q- q 0 HISTORIC FLORIDA KEYS PRESERVATION BOARD CONTRACT AGREEMENT BETWEEN Historic Shutter and Restoration. Inc. AND THE HISTORIC FLORIDA KEYS PRESERVATION BOARD, AN AGENCY OF THE S 1 A I E OF FLORIDA It is hereby agreed, this, day of 'J7Z K, 19 between Historic Shutter and Restoration. Inc. Contractor, and the Historic Florida Keys Preservation Board (HFKPB), a State agency, that 1. The Contractor named above shall provide services under the general supervision of Wright Langley/Stephen Nichols,HFKPB. (detailed outline description of the services to be provided and the conditions and limitations of the contract) Project: a Shuttorn *Or ni A ci tm Hail A. pecifications (SEE EXHIBIT A) B. 2. The Contractor further agrees to the following contract provisions in accordance with Chapter 287.058, Florida Statutes: (a) Bills or invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit thereof. (b) Bills for any travel expenses pursuant to this agreement, if ate, shall be submitted in accordance with S.1 12.061. (c) Unilateral cancellation by Historic Florida Keys Preservation board (III K.N13) of lhi!j agreement I'or refu5zil by I.he (lunt1*tiCl0r 1.0 al low Public access lu all material subject to Lite provisions of Chapter 1 191-5 in conjunction with this agreement. (d) This agreement shall be executed by units of deliverables that include invoices or drafts to be received and accepted in writing by Historic Florida Keys Preservation Board prior to payment. (e) Contractor shall achieve FINAL completion of the entire work not later than 49 calendar days from Notice to Proceed from HFKPB. Liquidated damages in the amount of $500 per day for each day that the contract time is exceeded through no fault of the owner. 3: Schedule of Payments if work commencing 7/ 1 1 /90 DA I L 5CI ILDULLD LL:.;:i 1 UX AMWN 1 I&MAINING BALANCL PAYMENT RETAINAGE DUE INCLUDING RETAINAGE CONTRACT AMOUNT: $ 23,684.00 7/20 7,816.00 782.00 7,034.00 16,650.00 7/27 3,967.00 397.00 3,570.00 13,080.00 8/3 3,967.00 397.00 3,570.00 9,510.00 8/ 10 3,967.00 397.00 3,570.00 5,940.00 8/ 17 3,967.00 397.00 3,570.00 2,370.00 COMPLETION 2,370.00 .0 2,370.00 .0 Schedule of Payments: conVd 11 All work performed will be confirmed by shop and site inspection by HFKPB staff and written confirmation will be issued to City and County by the Tuesday before the Friday due dates above. U An invoice for each payment will be issued by Historic Shutter. D The Ci ty and County w i I 1 each issue checks at 1 /2 the due amount. D Checks, made out to "Historic Shutter and Restoration. Inc." will be picked up by HFKPB staff and issued to contractor on above dates indicated. 4. Contract default: If for any cause the Contractor should fail to fulfill in a timely manner the obligations under this Agreement, or if he should violate any of the covenants, agreements or stipulations of this Agreement, the HFKPB shall thereupon have the right to terminate this Agreement by giving written notice at least fourteen (14) days before the effective date of such termination. In the event that the HFKPB so terminates this Agreement, it shall not be required to compensate the Contractor for services or any expenses incurred after the Contractor receives notification of the termination. 5. Assignment of Contract: The Contractor shall not assign or transfer any right or interest in this Agreement without prior written approval of the HFKPB. 6. Notice: Unless a change of address is involved, any notices required by this contract agreement shall be delivered to the parties as follows: HISTORIC FLORIDA KEYS PRESERVATION BOARD 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 Telephone: 305-292 6718 Contractor: Historic: Shuller and Resloralion, Inc. FEID * 59-2807447 5700 4th Avenue, Stock Island Key West, 1• L JJ040 (305)296-6332 7. tnlire Ayreerrrenl: 'I his inslrurrrenl embodies the whole Agreement of the parties. There are no provisions, terms„ conditions, or obligations other than those contained herein; and this Agreement shall supersede all previous communication, representation , or agreements, either verbal or written between the parties hereto. No amendment hereto shall be effective unless reduced in writing and signed by both parties hereto. 8. Status of Contractor: It is mutually acknowledged that at all times the Contractor is performing as an independent Contractor and not as an employee of the State of Florida and that the Contractor is not entitled to accrue any benefits of State employment, including retirement benefits and any other rights or privileges connected with employment in the Florida Career Service. 9. Attorney Fees: Unless authorized by law and agreed to in writing by the HFKPB, the Board shall not be liable for payment of attorney fees, interest, late charges and service fees and/or costs of collection pursuant to this agreement. 10. Taxes: The Contractor recognizes that the State of Florida,by virtue of its sovereignty, is not required to pay any taxes on the services and/or goods or equipment purchased as an incident to such services. 11. Strict Compliance with Laws: The Contractor agrees that all acts to be performed by him in connection with this Agreement shall be performed in strict conformity with all applicable laws and regulations of the State of Florida. 12. Assumption of Liability: The HFKPB shall not be deemed to assume any liability,for the ants, ommissions to act and negligence of the Contractor, nor the Contractor exclude his own negligence to the (Board) or any third party. 12.1. Additionally: The Contractor shall hold both the City of Key West and r1unroe County harmless and dbsulve both the City and the Counly from all actions, claims, penalties, liabilities, and judgements for damages at law or equity of any nature whatsoever arising, or alledged to arise, out of HFKPB acts or omissions, or those of its employees, agents, independent contractors, licensees, customers, or invitees, in connection with this contract. 13. General: No delay or oryd!zinn to exerci;;e piny right, power or remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such right power or remedy of either party, nor shall such delay or omission be construed as a waiver of any such breach or default, or any similar breach or default thereafter. WITNESS: Signed and witnessed this L34 day of 1990. HISTORIC FLORIDA KEYS PRESERVATION BOARD AGENCY OF THE STATE OF FLORIDA WITNESS: ALL BY: Cont or � � � /001.1 The RESTORATION 01. OLD C:I I Y HALL fWiLuric I lorida Key PI-C!�UTAU01) 80lf ci 500 whi �_� rr��id �Lrcc Key WeSL, FL JJ040 EX111131T A: SCOPE Or WORK CONTRACT WITH: Historic Shutter and Restoration, Inc. 5700 4th Avenue, Stock Island Key West, FL 33040 305-296-6332 Attn: Matt Stauch 1: Construction of 64 shutters as per ,specifications of Gi l lette Stevenson & Co. , Bradenton, A . Including: 23 pair "I3" Fxterior 2 pair "C" Exterior 2 pair "F" Fxterior ,1 pair "D" Exterior- 2 bifold s-ts (tot"l of B shutters) for front lobby 2: All shutter, to be constructed out of cypress, cut to fit each opening, seal treated, carry a 'j year warrdnly and de I ivered Lo job 5 i Le Teddy for, finishing. 3: Delivery time will be by 49 days from notice to proceed from HFKPB CONTRACT AGREEMENT BETWEEN D.L.Porter construction, Inc. AND THE HISTORIC FLORIDA KEYS PRESERVATION BOARD, AN AGENCY OF THE STATE OF FLORIDA It is hereby agreed, this 11 day of July 19 9 0 between n T.-_ part r cnnstrunti n C'ontr'actor, and the Ili:;toric Florida Keys Preservation board (HI•KIJB), a State agency, that, 1. The Contractor named above shall provide services under the general supervision of Wright Langley/Stephen Nichols ,HFKPB. (detailed outline description of the services to be provided and the conditions and limitations of the contract) Installation of hurricane Shutters _Old City Hall Project' A As per. s$enif; t;QrS (SEE rVHTQTM B. mmeAunt of cnnf-rac : $19,480 1 2. The Contractor further agrees to the following contract provisions In accordance with Chapter 287.058, Florida Statutes: (a) Bills or invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit thereof. (b) Bill:; tor' any travel CXPWW5 pur :,uant to LIr I ; ayr eerrrent, i r Mt , shal l be sutxn i I. ted i n accordance w i th 5.1 12.061. (c) Unilateral cancellation by Historic Florida Keys Preservation Board (HFKPB) of this agreement for refusal by the Contractor to allow public access to all material subject to the provisions of Chapter 119 FS in conjunction with this agreement. (d) This agreement shall be executed by units of deliverables that include invoices or drafts to be received and accepted in writing by Historic Florida Keys Preservation Board prior to payment. (e) Performance criteria and final date specified elsewhere in this agreement. 3. Upon timely receipt of proper invoices from the Contractor, the HFKPB shall forward them for payment. Said request for payment shall be made in a timely fashion and pursuant to Section 215..422, Florida Statutes) if payment is not mailed within 45 days after the receipt of the invoice and receipt, inspection and approval of the goods and/or services, then intetvul ;;hall be added to the warrant at the rate of 1 % per month, or part of a month, after the 45th day. If the terms of the invoice provide a discount for payment in less than 30 days, all State agencies concerned shall use all diligence to comply with the terms, and thus obtain the saving. If approved in advance, partial deliveries (Chapter 85-104). 4. Contract default: If for any cause the Contractor should fail to fulfill in a timely manner the obligations under this Agreement, or if he should violate any of the covenants, agreements or st ipulat ions of this Agreement, the HFKP8 Shell thereupon have the right to terminate this Agreernenl by giving written notice at leant fourleen (14) days bcfore the effective date of such termination. In the event that the HFKPB so terminates this Agreement, it shall not be required to compensate the Contractor for services or any expenses incurred after the Contractor receives notification of the termination. 5. Assignment of Contract: The Contractor shall not assign or transfer any right or interest in this Agreement without prior written approval of the HFKPB. 1 6. Notice: Unless a change of address is involved, any notices required by this contract agreement shall be delivered to the parties as follows: HISTORIC FLORIDA KEYS PRESERVATION BOARD 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 Telephone: 30S-292 6 / 18 Contractor: ---.-D.L. Porter Construction, Inc. 818-365-1522 7. Entire Agreernenl: 'I hid in5lr-urrienl embodies the whole Agreement of the parties. There are no provisions, terms„ conditions, or obligations other than those contained herein; and this Agreement shall supersede all previous communication, representation, or agreements, either verbal or written between the parties hereto. No amendment hereto shall be effective unle;;t; reduced in writing and !jigned by both parlieli hereto. 8. Status of Contractor: It is mutually acknowledged that at all times the Contractor is performing as an independent Contractor and not as an employee of the State of Florida and that the Contractor is not entitled to accrue any benefits of State employment, including retirement benefits and any other rights or privileges connected with employment in the Florida Career Service. 9. Attorney Fees: Unless authorized by law and agreed to in writing by the HFKPB, the Board shall not be liable for payment of attorney fees, interest, late charges and service fees and/or costs of collection pursuant to this agreement. 10. Taxes: The Contractor recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services and/or goods or equipment purchased as an incident to such services. 11. strict Compliance with Laws: The Contractor agrees that all acts to be performed by him in connection with this Agreement shall be performed in strict conformity with all applicable laws and regulations of the State of Florida. 12: lity: Assumption of LiabiThe HFKPB shall not be deemed to assume any liability for the acts, ommissions to act and negligence of the Contractor, nor the Contractor exclude his own negligence to the (Board) or any third party. Additionally, the Contractor shall hold the City of Key West and Monroe County harmless and absolve both the City and the County from all actions, claims, penalties, liabilities, and judgements for damages at law or equity of any nature whatsoever arising, or alledged to arise, out of HKKPB acts or omissions, or those of its employees, agents, independent contractors, licensees, customers, or invitees, in connection with this contract. 13. General No delay or omission to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such right power or remedy of either party, nor shall such delay or omission be construed as a waiver of any such breach or default, or any similar breach or default thereafter. WITNESS: WITNESS: /001.1 Signed and witnessed this ay of 1990. HISTORIC FLORIDA KEYS PI ILSLI tVA I ION BOARD AGENCY or TI IL STATE or rLoRIDA , 7 MEN 4 Is - Contractor The RESTORATION OF OLD CITY HALL Historic Florida Keys Preservation Board 500 Whitehead Stree Key West, FL 33040 EXHIBIT A: SCOPE OF WORK CONTRACT WITH: D.L. Porter Construction, Inc. 1100 Gillespie Avenue Sarasota, FL 34236 818-365-1522 Attn: Gary Loer 1: Installation of 64 shutters as per specif ications of Gillette Stevenson & Co. , Bradenton, FL. manufactured by and delivered unfinished by Historic Shutter and Restoration, Inc., Stock Island Including: 23 pair "B" Exterior 2 pair "C" Exterior 2 pair "E" Exterior 1 pair "D" Exterior 2 bifold sets (total of 8 shutters) for front lobby -and- ALL specified hardware, paint, stain 2: All shutter!; to be fini3hed by D.L. Por ef, and injl._illed a'-; Pef' !,pccj. 3: Completion tune will be within thrcc weeI:.`; of delivery of all `�hlittt`r`� to job Site. CONTRACT AGREEMENT BETWEEN Island Iron and Ink AND THE HISTORIC FLORIDA KEYS PRESERVATION BOARD, AN AGENCY OF THE STATE OF FLORIDA It is hereby agreed, this , , day of_:�1 y 19 between , contractor, and the Ili!�l.orric I lorida Keys Preserval ion board (HFKPB), a dale agency, that 1. The Contractor named above shall provide services under the general supervision of Wright Langley/Stephen Nichols HFKPB. (detailed outline description of the services to be provided and the conditions and limitations of the contract) Project: Hurricane Shutters/Old City Hall A. See EXHI2I2 A - mown o on t r a c B. 2. The Contractor further agrees to the following contract provisions in accordance with Chapter 287.058, Florida Statutes: (a) B i I I s or invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit thereof. (b) bilk; for any travel expefr;e:; purauanl to this; agreement, f shall be sutxn i l led in accordance with 5.1 12.061. (c) Unilateral cancellation by Historic Florida Keys Preservation Board (HFKPB) of this agreement for refusal by the Contractor to allow public access to all material subject to the provisions of Chapter 119 FS in conjunction with this agreement. (d) This agreement shall be executed by units of deliverables that include invoices or drafts to be received and accepted in writing by Historic Florida Keys Preservation Board prior to payment. (e) Performance criteria and final date specified elsewhere in this agreement. 3. Upon timely receipt of proper invoices from the Contractor, the HFKPB shall forward them for payment. Said request for payment shall be made in a timely fashion and pursuant to Section 215..422, Florida Statutes) if payment is not mailed within 45 days after the receipt of the invoice and receipt, inspection and approval of the goods and/or services, then interc:;l shall be added to the warrant at the rate. of 1% per month, or part of a month, after the 45th day. If the terms of the invoice provide a discount for payment in less than 30 days, all State agencies concerned shall use all diligence to comply with the terms, and thus obtain the saving. If approved in advance, partial deliveries (Chapter 85-104). 4. Contract default: If for any cause the Contractor should fail to fulfill in a timely manner the obligations under this Agreement, or if he should violate any of the covendrrts, dgreernents or st ipulat ions of this Agreement, the HFKNki shall thereupon have the right to terminate this Agreement by giving written notice at least fourteen (1/1) days before the effective date of such termination. In the event that the HFKPB so terminates this Agreement, it shall not be required to compensate the Contractor for services or any expenses incurred after the Contractor receives notification of the termination. 5. Assignment of Contract: The Contractor shall not assign or transfer any right or interest in this Agreement without prior written approval of the HFKPB. 6. Notice: Unless a change of address is involved, any notices required by this contract agreement shall be delivered to the parties as follows: HISTORIC FLORIDA KEYS PRESERVATION BOARD 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 T elephone: 30!j-292 6 / 18 4017,6 7. Entire Agrreernenl: Ihis instrurnenl embodies the whole Agreement of the parties. There are no provisions, terms„ conditions, or obligations other than those contained herein; and this Agreement shall supersede all previous communication, representation, or agreements, either verbal or written between the parties hereto. No amendment hereto shall be effective unle!;t; reduced in writing and :signed by both parlies hereto. 8. Status of Contractor: It is mutually acknowledged that at all times the Contractor is performing as an independent Contractor and not as an employee of the State of Florida and that the Contractor is not entitled to accrue any benefits of State employment, including retirement benefits and any other rights or privileges connected with employment in the Florida Career Service. 9. Attorney Fees: Unless authorized by law and agreed to in writing by the HFKPB, the Board shall not be liable for payment of attorney fees, interest, late charges and service fees and/or costs of collection pursuant to this agreement. 10. Taxes: The Contractor recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services and/or goods or equipment purchased as an incident to such services. 11. Strict Compliance with Laws: The Contractor agrees that all acts to be performed by him in connection with this Agreement shall be performed in strict conformity with all applicable laws and regulations of the State of Florida. 12. Assumption of Liability: The HFKPB shall not be deemed to assume any liability for the acts, ommissions to act and negligence of the Contractor, nor the Contractor exclude his own negligence to the (Board) or any third party. Additionally, the Contractor shall hold the City of Key West and Monroe County harmless and absolve both the City and the County from all actions, claims, penalties, liabilities, and judgements for damages at law or equity of any nature whatsoever arising, or alledged to arise, out of HKKPB acts or omissions, or those of its employees, agents, independent contractors, licensees, customers, or invitees, in connection with this contract. 13. General No delay or omission to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such right power or remedy of either party, nor shall such delay or omission be construed as a waiver of any such breach or default, or any similar breach or default thereafter. WITNESS: Signed and. witnessed this /� day of 1990. HISTORIC FLORIDA KEYS P1tLSLItVAI ION BOARD AGENCY or Till STATE or FLORIDA 19 WITNESS: BY: Cont ctor /001.1 The RESTORATION OF OLD CITY HALL Historic Florida Keys Preservation Board 500 Whitehead Stree Key West, FL 33040 EXHIBIT A: SCOPE OF WORK CON I RAC I W 1 I H: I s I anti I ron and I nk Key West, rL AtIn: I te e n anhow is 1: Manufacture of 4 hinges and mounts to match existing on ground floor bay door shutters of Old Cityt Hall, 510 Greene Street, Key West. 1 PLANS were drawn and completed 6/5/90 by Old City Hall A/E Linda Stevenson of Gillette Stevenson from Bradenton and distributed to the following companies for bids: KEY WEST AND THE FLORIDA KEYS Hansen & Bringle, Historic Shutter and Restoration, Dowling Welding, Tropical Builders, Rosasco Construction, Erickson Construction, D.L. Porter Construction, Manley DeBoer, Tropical Shutters, Island Window and Screen. REST OF THE COUNTRY California Shutters(FL), Iberia Shutters (LA), Sunset Shutters(FL), American Heritage(FL),. Devenoo Products(GA), Pinecrest(MI). THE D S16N OF THE SHUTTERS matches the originals installed in 1891 as determined by photographs and original specifications. Basically we're talking about 64 custom made cypress "doors" ranging in size from 2'x9.5' up to 3'x 13' with custom made hinges and locking hardware installed between 25 and 40 feet above street level. THE FOLLOWING BIDS HAVE BEEN RECEIVED as of 6/27/90, the date specified for proposals: EXTERIOR SHUTTER PACKAGE: Tropical Builders 46,500 Roi;asc.o Con!Aruc t i on 43,767 Manley DeBoer 50,000+ D.L.Porrlcr/I lisloric Shutter .3,164, i REC"ENDAT ION: D.L.Porter/Historic Shutter- 43,164 We need to sign TWO contracts. One with Historic Shutter for manufacture of shutters ($23,684) and one with D.L.Porter ($19,480) for custom made hardware, painting, installation, masonry work, scaffolding, etc. TIME FRAME: 5 weeks to manufaclure,7 weeks to in°.11.ail IF WE AWARDED THE BID TODAY-6/28/90- THE SHUTTERS WOULD BE UP BY AUGUST 25 Evecy day after today is another day closer to September. INTERIOR SHUTTERS: Still working on this with remaining funds. What it looks like is that we will try to get movable louver shutters installed in the Commis -.;inn Chamber:; only (10 w iridows). 5te hen Nichols Director, 'i he RcUoral.ion of Old City Hall CONTRACT AGREEMENT BETWEEN Historic Shutter and Restoration. Inc. AND THE HISTORIC FLORIDA KEYS PRESERVATION BOARD, AN AGENCY OF THE STATE OF FLORIDA It is hereby agreed, this day of 19 between Historic Shutter and Restoration. Inc. Contractor, and the Historic Florida Keys Preservation Board (HFKPB), a State agency, that 1. The Contractor named above shall provide services under the general supervision of Wright Langley/Stephen Nichols,HFKPB. (detailed outline description of the services to be provided and the conditions and limitations of the contract) Project: vma---ior mi.�rricame shutters for al r_ity Hall ,kAs oar specifications (SEE EXHIBIT Ai 2. The Contractor further agrees to the following contract provisions in accordance with Chapter 287.058, Florida Statutes: (a) Bills or invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit thereof. (b) Bills for any travel expenses pursuant to this agreement, if my, shall be submitted in accordance with S.112.061. (c) Unilateral cancellation by Historic Florida Keys Preservation Board 011-013) of Lhi:; agreement For rcl'usai by the (contractor to allow public access Lo all material subject to Lhe provisions of Chapter 1 191•5 in conjunction with this agreement. (d) This agreement shall be executed by units of deliverables that include invoices or drafts to be received and accepted in writing by Historic Florida Keys Preservation Board prior to payment. (e) Contractor shall achieve FINAL completion of the entire work not later than 49 calendar days from Notice to Proceed from HFKPB. Liquidated damages in the amount of $500 per day for each day that the contract time is exceeded through no fault of the owner. 3: Schedule of Payments if work commencing 7/ 1 1 /90 DA1L SCIILDULLD LL S 10% AMOMI I&MAINING BALANU PAYMENT WTAINA6E DUE INCLUDIN6 RETAINA6E CONTRACT AMOUNT: $ 23,684.00 7/20 7,816.00 782.00 7,034.00 16,650.00 7/27 3,967.00 397.00 3,570.00 13,080.00 8/3 3,967.00 397.00 3,570.00 9,510.00 8/ 10 3,967.00 397.00 3,570.00 5,940.00 8/ 17 3,967.00 397.00 3,570.00 2,370.00 COMPLETION 2,370.00 .0 2,370.00 .0 Schedule of Payments: cont'd ❑ All work performed will be confirmed by shop and site inspection by HFKPB staff and written confirmation will be issued to City and County by the Tuesday before the Friday due dates above. 0 An invoice for each payment will be issued by Historic Shutter. 0 The City and County will each issue checks at 1/2 the due amount. 0 Checks, made out to "Historic Shutter and Restoration Inc." will be picked up by HFKPB staff and issued to contractor on above dates indicated. 4. Contract default: If for any cause the Contractor should fail to fulfill in a timely manner the obligations under this Agreement, or if he should violate any of the covenants, agreements or stipulations of this Agreement, the HFKPB shall thereupon have the right to terminate this Agreement by giving written notice at least fourteen (14) days before the effective date of such termination. In the event that the HFKPB so terminates this Agreement, it shall not be required to compensate the Contractor for services or any expenses incurred after the Contractor receives notification of the termination. 5. Assignment of Contract: The Contractor shall not assign or transfer any right or interest in this Agreement without prior written approval Qf the HFKPB. 6. Notice: Unless a change of address is involved, any notices required by this contract agreement shall be delivered to the parties as follows: HISTORIC FLORIDA KEYS PRESERVATION BOARD 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 Telephone: 305-292 6718 Contractor: Historic Shutter and Restoration, Inc:. FEID : 59-2807447 5700 4th Avenue, Stock Island Key West, FL 3JO40 (305)296-6332 7. Entire Agreement: 'I his instrurnent embodies the whole Agreement of the parties. There are no provisions, terms„ conditions, or obligations other than those contained herein; and this Agreement shall supersede all previous communication, representation, or agreements, either verbal or written between the parties hereto. No amendment hereto shall be effective unless reduced in writing and signed by both parties hereto. 8. Status of Contractor: It is mutually acknowledged that at all times the Contractor is performing as an independent Contractor and not as an employee of the State of Florida and that the Contractor is not entitled to accrue any benefits of State employment, including retirement benefits and any other rights or privileges connected with employment in the Florida Career Service. 9. Attorney Fees: Unless authorized by law and agreed to in writing by the HFKPB, the Board shall not be liable for payment of attorney fees, interest, late charges and service fees and/or costs of collection pursuant to this agreement. 10. Taxes: The Contractor recognizes that the State of Florida,by virtue of its sovereignty, is not required to pay any taxes on the services and/or goods or equipment purchased as an incident to such services. 11. Strict Compliance with Laws: The Contractor agrees that all acts to be performed by him in connection with this Agreement shall be performed in strict conformity with all applicable laws and regulations of the State of Florida. 12. Assumption of Liability: The HFKPB shall not be deemed to assume any liability for the acts, ommissions to act and negligence of the Contractor, nor the Contractor exclude his own negligence to the (Board) or any third party. 12.1. Additionally. The Contractor shall hold both the City of Key West and Moru*oe County harmless end absolve both the City and the County from all actions, claims, penalties, liabilities, and judgements for damages at law or'equity of any nature whatsoever arising, or alledged to arise, out of HFKPB acts or omissions, or those of its employees, agents, independent contractors, licensees, customers, or invitees, in connection with this contract. 13. General: No delay or ofni:;;;ion to exerci:;e any right, power or remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such right power or remedy of either party, nor shall such delay or omission.be construed as a waiver of any such breach or default, or any similar breach or default thereafter. Signed and witnessed this day of 1990. WITNESS: HISTORIC FLORIDA KEYS PRESERVATION BOARD AGENCY OF THE STATE OF FLORIDA WITNESS: /001.1 M Contractor "4 The RESTORATION OF OLD CI I Y HALL Historic Florida Keys Preserval ion Board 500 Whitehead 'atree Key West, FL 33040 EXtIiBiT A: SCQPE or WORK CONTRACT WITH: Historic Shutter and Restoration, Inc. 5700 4th Avenue, Stock Island Key West, FL 33040 305-296-6332 Attn: Matt Stauch 1: Construction of 64 shutters as per specifications of Gillette Stevenson & Co. , Bradenton, Ft. Including: 23 pair "B" Fxterior 2 pair "C" Exterior 2 pair "F" Fxterior 1 pair "D" Exterior { 2 bif old sets (total of 8 shutters) for front lobby 2: All shutters to be constructed out of cypress, cut to fit each opening, seal treated, carry a 5 year, warranty and delivered t.o job site reedy For, finishing. 3: Delivery time will be by 49 days from notice to proceed from HFKPB