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HomeMy WebLinkAboutFY2015 04/15/2015DATE. April 24, 2015 TO: Lynda Stuart, Office Manager Tourist Development Council ATTN.- Kelly Administrative Assistant FROM. Lindsey Ballard, D. II��Xj 111 111,71111 tlinv ITIMI11011 III I n 11,11 WIW�Lwm, N",WNtvWN,-%Xs at the Letters "FKCC" covering the Tennessee Williams Theatre Lobby Expansion and Enhancement project in an amount not to exceed $350,000, DAC 1, FY 2015 Capital Resources. CC: County Attorney (Electronic cop] Finance (Electronic Copy) File ( Electronic Copy) 3117 Overseas Highway, Marathon, FL 33050 Phone: 305-289-6027 Fax: 305-289-6025 88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852-714S Fax. 30S-852-7146 breach the contract may be immediately terminated at the discretion of the County, whose decision shall be final. c.) 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. Grantee shall complete and sign a Property Reporting Form upon request for personal property and forward said completed form to the TDC Administrative Office. Real property acquired or improved through funding under this agreement 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 real and personal, 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 125.0104 with prior approval from TDC and BOCC. (ii) At any time that the Grantee: (a) elects to stop the project or otherwis the fac. cl decide not to place into service for tourist -related purposes 11ii acquired, constructed, or renovated with tourist development tax funding, demolishes the project facility or divests itself of ownership or possession the real property, or (c) ceases the use of the property with a prima purpose of promoting tourism, Grantee shall, pursuant to the formula s forth hereafter, refund to the County the Tourist Development funding. Th provision shall survive the termination date of all other provisions of thil contract for a period of ten years. Should the demolition, transfer ownership, or change to a non -tourist related purpose occur, the amount 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. Florida Keys Community College and the Letters "FKCC" FY 2015 Funding Contract ID#: 1487 6-1 - 01 * NEWW. 0 1 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: T I R V I MEMO 3. Comprehensive Auto Liability Insurance with minimum limits of $300,000 combined single limit per occurrence. I ,. Builders Risk Insurance with limits equal to the full value of the project ($700,000). 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 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. f.) Right to Audit. The contractor shall keep such records as are necessary to document the performance of the agreement and expenses as incurred, and give access to these records at the request of the TDC, the County, the State of Florida or authorized agents and representatives of said government bodies. • HOLD HARM LESS/I NDEM N I FICATION. The Grantee hereby • to • • hold harmless the BOCC/TDC and the 3406 North Roosevelt Blvd. Corporation or 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 7-lorida Keys Community College and the Letters TKCC" _Y 2015 • • ID#: 1487 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: 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. 4. Builders Risk Insurance with limits equal to the full value of the project The Grantee, the Grantor and the TDC shall be named as additional insured, except workers' compensation. The policies shall provide no less than 30 days notice of cancellation, non -renewal or reduction of coverage. Grantee shall provide to the County, as satisfactory evidence of the required insurance, including the insurance policy application and either: Certificate of Insurance e-mailed from Insurance Agent/Company to County Risk Management - Telephone Maria Slavik at (305) 295-3178 for details (Certificates can be e-mailed directly from the insurance agency to: Slavik-Maria5-MonroeCounty-FL. Gov — The e-mail must state that this is a certificate for a TDC project and should be forwarded to Kelly Scarbrough at the TDC administrative office) 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 Clerk's office. The Insurance policy must state that the Monroe County BOCC and Monroe County TDC is the Certificate Holder and additional Insured for this contract (certificate only for workers' compensation coverage). Insurance information should be mailed to: lYlonroe County Board of County Commissioners c/o Risk Management P.O. Box 1026 Key West, FL 33041 Florida Keys Community College and the Letters TKCC" 13 21. NOTICE. Any notice required or permitted under this agreement shall be in writi 2nd had delivered or mailed, postage prepaid, to the other party by certified mail, return receipt requested to the following: For Grantee: Frank Wood Florida Keys Community College and the Letters "FKCC" 5901 College Rd. Key West, FL 33040 For Grantor: Maxine Pacini Monroe County Tourist Development Council 1201 White Street, Suite 102 Key West, FL 33040 M. Ms. Christine Limbert-Barrows, Asst. County Attorney P.O. Box 1026 Key West, FL 33041-1026 1 0,41111 AWL WT WELOANUM 9:191:1 O&T-Al W61.04IR3 LAI Off -Al I I-11111111110el F-1 a w-TWI all 1LOVIUMINFIS 0- 4 .16 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. ATTESTATION& 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. H-0M—aF,-e-ys--U-5MM­0?F?T, Goilege ana 1=ffZT9-FFX1:;' FY 2015 Funding .L.ontract ID#: 1487 14 26. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be ,teemed 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 -mployee 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, • restriction, • flood, drought or • act of God, •' 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 • planning for •' and •' weather conditions for the time •I year the •'• 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 Grantor shall have the right to determine if there will be any reduction to the amount of funds due to the Grantee after consideration of all relevant facts and circumstances surrounding the delay in performance or failure to complete the project within the contract period. Upon demand of TDC or Grantor, the Grantee must furnish evidence of the causes of such delay or failure. Grantor 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 •' •i counterparts, each • which shall •' regarded as an original, all • which taken together shall constitute one and the same instrument and any of the parties hereto may execute this agreement • signing 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. 30. MISCELLANEOUS: As used herein, the terms "contract" and "agreement" shall be •' interchangeably. Florida Keys Community College and the Letters TKCC" FY 2015 Funding Contract ID: 1487 15 • . T . ...................... ,.i...............►.►......►......►►►.►...........►..........►............ ►►►►.►►►►......... ►.. ►►.... PrintNam (1) 4::�V-t 0 1& Ll- 1_^ •' low— h AND TWO OTMESSES E (2) - 46ACiLLY PLL - A m ur, , ock-L.... i w I --0 0 C: (D ft-- 0 0 6 -+- V) '14.- c- L- 0 6 . 0 C3 C3 E -1- L- C3 o) c: C: .?5 u 0- > 0 x c x >� 0 C14 O)o C) x a) --0 a) 0 U L- v., - -C 0 Q- x 0 a) C: a) 0 x 0 C: 0 0 c C) 0.- L- 0 0 0 U U -0 u 0 u 0 0 - L- c 0- 0-0 � / ® � \ � 0 a) D 7-1 -0 C: C) C) 0 L C: a C) u LU . \© C: 0 0 QL ca1) o C: 6 0-a Vo 0 1) a ) a C00- \,° x u ) Vc a) X= > c: > o -1-- a-) 0 u U C- 0 - 0- :=-- u >- x L- 71 0 aU 0 = a) u u \e~•2 C: < a) -0 a) V) 0 -0 -v- " a) U U \ C: :y< 0 0 -0 0 E a) ®# _0 E -0 U > « C: :\ u — •(D 0 ui 0 0-0 a) u a) C: ry 5 (D E v' - C: 6 C: 5 o C) U a o U o U ca E• - D i ------------------------------------------------------------------------------------------- 0 0 0 ci 0 ri t09 o ro 0 4- 4- u U Ln u U E 0 00 w > 0 0 C: FD 0 14 O 0 u E Cl QL:E 0) 12 0 V) v) E r- E Q) < Cl 0 Ln 0 0 E 0 -0 V) Cl N U to 0 au Q O O U a7 C U 4 -0 Z) 0 E a u CL 0 —0 2� a U ci V) 04 u 'a) C) -o Bra E WU ZV)) C E V) 0 > o us C4 0 C: ' -Ne E u U 5 a) V) 0 V) V) D- o -0 o Q) U CL z,- U cz -S u -S -S CL E 5— m,rA 0 r 0 0 0 0 0 0 0 0 3t OF 0 0 a•r .0 gn Ga ACCOR0CERTIFICATE R" •. 4/13/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF •- • ONLY ■ CONFERS NO RIGHTS UPON- • t - . THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder of such endorsement(s). R,IY GallagherArthur J. _•e Orange200 S. Suite I' . '0 -RR. INSURER St •R �Orlando FL 32801 Qualified INSURER A: Self Insurer INSURED INSURER B: �INSURERC. Florida Keys Community College Key West, FL 33040 •. INSURER E THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCADULE LTR • INSD POLICY EFF POLICY EXP D POLICY NUMBER MMldd MMIDD LIMITS A y( ° COMMERCIAL GENERALLIABILITY RMC20150301 11/2015 3/1/2015 EACH OCCURRENCE $200 000 I� CLAIMS -MADE OCCUR _t- D AGE I RENTED PREAAISES Ea oocurrenre -- — $ MED EXP (Any one person) . $ PERSONAL & ADV INJURY $ .._.. _...................- .r_-..............__. GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO LOC JECT PRODUCTS - COMP/OP AGO — - $ Ea Occurrence Agg $300,000 -- OTHER: AUTOMOBILE LIABILITY _q a accident $ BODILY INJURY (Per person) $ ANY AUTO j ALLLTOOS ED SSC,HrEDDULED AUOS ANON -OWNED HIRED AUTOS UTOS$ BODILY INJURY (Per accident) $ RroPEMRTY DA - $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ — EXCESS LIAB C IMS-MADE, AGGREGATE DIED , RETENTION$ APPROVED Y RIS �ANAGEMENIY i WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETO ARTNER/EXECUTIVE /_ - I `k PER OTH- STATUTE ER E.L. EACH ACCIDENT _ $ OFFICE EMBER EXCLUDED? (Mandatory In NH) N A A t. )FATE m — - E.L. DISEASE - EA EMPLOYE If yes, describe under DESCRIPTION OF OPERATIONS below UVAl1/EI N/A YES E.L. DISEASE - POLICY LIMIT $ I i i i DESCRIPTION OF OPERATIONS t LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Self Insured per Florida Statute 76.2 - $200,000 per Person / $300,000 per Occurrence Ag rete. RE: Tennessee Williams Theatre Lobby Expansion and Enhancement project from April, 15, 015 through to September 30, 2016. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton St. Room #268 Key West FIL 33040 AUTNOR&ZE REPRESENTATIVE } •-■ CORPORATION.ti CERTIFICATEACC>RDr CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDfYYYY) THIS r AS A MATTER OF ! ' • ONLY r CONFERS NO RIGHTS UPON• ! ' BELOW.. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE -POLICIES OF DOES NOT• *' AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorseme ON 352-955-2190 J. Gallagher Risk Management Services, Inc. P �HE 1200 S. Orange Ave _ ;Orlando FL 32801 # I)College Road Key West, FL 33040 �r'�11�T�f1[r 11FOWT-.i ARM } r, THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSR ' TYPE OF INSU NCE LTR INSD POLICY P D POLICY NUMBER MMIDDIYYYY MM2R Y LIMITS A X COMMERCIAL GENERAL LIABILITY RMC20150301 /1/2015 3/1/2016 EACH OCCURRENCE $200,000 .._—........._ CLAIMS DE OCCUR E i E TO RENTECD PREMISES PRENiISES {Ea rrence $ --- _ MED EXP (Any one person) $ ........... -— j PERSONAL & ADV INJURY $ GEN°LAGGREGATE LIMITAPPLIESPER. { GENERAL AGGREGATE $ — �� — ._..... ............ - .._. POLICY JEST LOC PRODUCTS-COPlOP AGG $ $300,000 OTHER: j Ea OccurrenceAgg AUTOMOBILE LIABILITY L I r $ Ea acc:ider ANY AUTO BODILY INJURY (Per person) $ -- ALL OWNED SCHEDULED — } AUTOS AUTOS BODILY INJURY (Per dent) $ _.. — NON -OWNED HIRED AUTOS PROPEiTdDD $ AUTOS —1 .—AG- UBRELLALIAB I OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED I RETENTION $ $ WORKERS COMPENSATION PER OTIi- AND EMPLOYERS' LIABILITY YIN ...... $TA=fUE ER_._f._. ANY PROPRIETO ARTNER/EXECUTIVE E.L. EACH (Mandatory In NH) ..... ..... E.L. DISEASE - EA EMPLOYEE $ If es, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT , $ DESCRIPTION OF OPERATIONS I LOCATIONS ! VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if mom space Is required) Self Insured per Florida Statute 7.2 - $200,000 per Person / $300,000 per Occurrence Aggregate. E: Tennessee Williams Theatre Lobby Expansion and Enhancement project from April, 15, 2015 through to September 30, 2016. AP Pfa Y R S AGEME T WAIVES N A„ " CF TIFICATF H®I nF CANCFLL_ATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County or of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton St. Room #268 Key West FL 33040 AUTHORIZED REPRESENTATIVE 1 C 11988-2014 ACORD CORP0.71i •' ti d r- r 1 1 r- r name and logoare registeredR •- RHONE=Irr Request For Waiver of Insurance Rouirements 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 4 C- --ELo Contract for. le-m kAiZe-*ej,� OA11 Address of Contractor: col I Phone: Ir 6 4Y - '3p? F -7 Scope of Work: -4� Reason for Waiver: -e J 4 - N IL A Policies Waiver will apply to: 4 Signature of Contractor: L "L UJZ-4-a- --,el roved Not Approved Risk Managemcnt Date County Administrator appeal; Approved: Not Approved: Date. Board of County Commissioners appeal: Approved: Not Approved. Meeting Datc: Administration Instruction *4"139.6 104 901ROM Request For Waiver of .......... It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be Nvaived or modified on the following contract. Contractor: F-1 0 a J Contract for: 'TtK v--artLr— W-:.(—L.,A—Kt— 11,A-t-4-bt —*r �—Ao Address of Contractor., is;- 10 -( bilej, -Azd-.- --e r-7 L Phone: 0 Scope of Work: 1-2 Reason for Waiver: C- -)2 Policies Waiver will apply to: Signature of Contractor: LP�ed Approved, V Mot Approved Risk Managemen Date CDunty Administrator appcal: Approved: Not Approved: Date: Board of County Commissioners appeal: Approved: Not Approved: Meeting Date: Administration Instruction i4709.6 104