FY2015 04/15/2015 AgreementTO: Lynda Stuart, Office Manager
Tourist Development Council
A TTN. Kelly
Administrative Assistant
FROM. Lindsey Ballard, D. CA
CICLY, Inc. file CTS73111 project if 1-111 aff1mk4lulti "I"
%exceed $170,990, DAC I FY 2015 Capital Resources.
CC: County Attorney (Electronic Copj�)
Finance (Electronic Copy)
File ( Electronic Copy)
):!« \ ^ 2 wJ �.I
I�: \\\�\ . y %$��f
3117 Overseas Highway, Marathon, FL 33050 Phone: 30,5-289-6027 Fax: 305-289-6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852-7145 Fox: 305-852-7146
declaring that representations in the invoice are true and factual. Grantee shall also
provide partial releases of liens or certifications of non -lien if applicable. Grantor
shall retain 10% of any payment on work in progress until the Grantee has provided
a Final Release of Lien for each vendor/contractor for whom payment is requested.
For projects exceeding $50,000 in TDC funding under this agreement, final payment
will not be made until the following documents are complete and submitted to the
Grantor:
AIA Document G-702 Application for Payment Summary
AIA Document G-704 Certificate of Substantial Completion
AIA Document G-706 Contractor's Affidavit of Debts & Claims
AIA Document G-706A Contractor's Affidavit of Release of Liens
AIA Document G-707 Consent of Surety to Final Payment (when
applicable)
Final Release of Lien or Affidavit and PatiatReite-ase-of-Uet
For projects for which TDC funding under this agreement is $50,000 or less, the AIA
documentation is not required, but sufficient documentation must be submitted to
County to provide similar assurances that the work has been completed and
contractors/suppliers paid.
11 a IT1191 W:4-M MW-1 NZ14 W; 11(7-3 &%r_1 QM I a I or-1 MeMkIlli 1 0 . 11 - I
b.) If in -kind services were noted within your application, and you are applying
them to this project, 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.
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
Key West Art and Historical Society, Inc.
FY 2015 Funding
Contract ID#: 1489
112
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.
d.) 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 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
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 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 f
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 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, 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.
FY 2015 Funding
Contract ID#: 1489
61
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:
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 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 tv
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 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
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.
FY 2015 Funding
Contract ID#: 1489
0
2. Commercial General Liability Insurance with minimum limits • $500,000
Combined Single Limit (CSL) If split limits are provided, the minimum
limits acceptable shall •- $250,000 • Person $500,000 • •
$50,000 property damage.
3. Comprehensive Auto Liability Insurance with minimum limits of $300,0011,
combined single limit • •
The Grantee, the • and the TDC shall • named as additional insured, -•
workers' compensation. The policies shall provide no less than 30 days notice of
• • • reduction • coverage. Grantee shall provide to the County,
as satisfactory evidence of the required insurance, including the insurance policy
application and either:
ITErlyfflTurenwo
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-M,aria(a) Mon roeCou nty-F L. 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 .• •
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
-• to:
Monroe County Board of County Commissioners
• Risk .•
• Box 1026
Key West, FL 33041
21. NOTICE. Any notice required or permitted under this agreement shall be in writi
and had delivered or mailed, postage prepaid, to the other party by certified mail, return
receipt requested to the following: I
For Grantee: Christine Nottage
Key West Art and Historical Society, Inc.
281 Front Street
Key West, FL 33040
FY 2015 Funding
• ID#: 1489
13
For Grantor: Maxine Pacini
Monroe County Tourist Development Council
1201 White Street, Suite 102
Key West, FL 33040
Ms. Christine Limbert-Barrows, Asst. County Attorney
P.O. Box 1026
Key West, FL 33041-1026
I jVA [*�ZXSJ MJQ fJ_=,r_AJ WS] S0'*.*J
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.
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.
A A:
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 T
contingency beyond its control or the control of its contractors and subcontractors,
FY 2015 Funding
Contract ID#: 1489
14
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
•; which the Grantee has exercised reasonable care in the prevention thereof. However,
lack of planning • 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
• to the causes -• shall not constitute a breach • the agreement; however, the
Grantor shall have the right to determine if there will •- any reduction to the amount •
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. •• demand • TDC • Grantor, the Grantee must furnish evidence • 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
•- • 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 by signing any such counterpart.
29. SECTION HEADINGS. Section headings have been inserted in this agreement as
a matter of convenience • reference • and it is agreed that such section headings are
not a •. • this agreement and will not •- -• in the interpretation • any provision •
this agreement.
30. MISCELLANEOUS: As used herein, the terms "contract" and "agreement" shall be
-.• interchangeably.
FY 2015 •
Contract ID#: 1489
15
IN WITNESS WHEREOF, fhs parties hereb haws caused this aprsement b be aro aAmd
fhs day and year Aret abon m bu .
Board of Cour!!y Commissioners
of Monroe Clay
............................................................................................•............................ 0.
Key West Art and I loluded bal ft Ina.
PrWNWM
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Cabs: _ t i
Key Vbd Art and bical Sod*, Ira~
FY 2015 Fury"
Is
MONROE COUNTY ATTORNEY
APPROVED AS TO C' RM:
414it"WINEw M. lFA ' RT-DAIRROWS
ASSISTA OU v ATTORNEY
Date . !-I.--
,
NUMBER OF SEGMENTS TO PROJECT: 1
Note: County signoff and submission for reimbursement only allowed after completion of each segment as
documented in this exhibit. Grantee must apply for reimbursement utilizing the 'Application for Payment' form
included within the PaymentlReimbursement Kit.
Segment #:I
Descriotion ' : Materials, equipment and labor
required to:
Repair roof of museum by completing the following:
• Fabricate and install protective copper screening on
all 4 chimneys
• Repair eaves, replace bottom course of metal shingles
• Replace 2 acorn ridge finials
• Clean and prepare approximately 20 LF of failed
valley flashings
• Replace approximately 60 LF of ridge cap
• Replace fasteners at hip and ridge caps with stainless
steel screws, inclusive of neoprene gaskets
• Remove existing hatch cover, modify opening, and
install new Bilco S-20 roof hatch (30"x36")
in order for this segment to be reimbursed, acknowledgement of TDC
funding must be in place and proof in the form of pictures provided with
submission for reimbursement of this segment. This acknowledgement
shall not be covered as part of the TDC reimbursement - see contract
paragraph 2)
In -Kind- No in -kind will be
used towards reimbursennent of
this project.
AE•�
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CERTIFICATE OF LIABILITY INSURANCER045
DATE(%INVDD/YYYY)
3l20l2015
THIS CERTIFICATEIS ISSUED AS A MATTERINFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. 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 THE ISSUING I U(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the olicy(ies) must be endorsed. If SUBROGATIONIS 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 endorsement(s).
PRODUCER
HARTFORD FIRE INSURANCE COMPANY
250878 P: F:
PO BOX 33015
SAN ANTONIO TX 78265
CONTACT
NAME:
PHONE
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a DRESS.
INSURER(S) AFFORDING COVERAGE NAIC#
INSURER A: Hartford Underwriters Ins Co
INSURED
KEY WEST ART & HISTORICAL SOCIETY INC.
281 I FRONT S T
KEY WEST FL 33040
INSURER B
INSURER C
INSURERD:
INSURER E
INSURER F:
COVERAGES
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 INSURANCE
ADDL
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POL,IC'YNIAMER
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PERSONAL & ADV INJURY
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76 WEG EQ6128
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12/01/2015
E.L. DISEASE -EA EMPLOYEE
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DESCRIPTION OF OPERATIONS below�14
E.L. DISEASE -POLICY LIMIT
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-
DESCRIPTPON OF OPERATIONS /LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
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WAIL
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
Monroe Count Y
BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE
DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Tourist Development Council
1100 SIMONTON ST
KEY WEST, FL 33040
ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD
INSURANCEk.� i 3/2D/2015
IM-PORTANT: If the certificate
•
holderthe terms and conditions of the policy, Certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate of s•
----------
PRODUCER CONIE� Tolene Wilson
'PHONE 'FAX
..1 u.
113361 Overseas Highway E-MAIL iwilson@johnsonsinsure.com
Marathon FL 33050 INSURERA:Trvelers
INSURED INSURER B :
Key West Art & Historical Society INSURER C7
281 Front St. INSURER D :
IKey West FL 3300
IINSURER F: I I
COVERAGES CERTIFICATE E :CL1532009003 REVISION NUMBER.,
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.
tR
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TYPE OF INSURANCE
ADDL
SUBR
POLICY NUMBER
POLICY EFF
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LIMITS
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EACH OCCURRENCE
$ 1,000,000
X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE FAI OCCUR
x
I6607396E[097PHX14
1/19/2014
1/19/2015
TO RNTED
PREMGES EaEoccurrence
$ 100,000
MED EXP (Any one person)
$ 5,000
PERSONAL & ADV INJURY
$ 11000,000
GENERAL AGGREGATE
$ 2,000,000
GEML AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG
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$
POLICY PRO LOC
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COMBINED SINGLE LIMIT
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ANY PROPRIETORIPARTNER/EXECU.—
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MDESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT
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DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more spa is re T. `red
3501 South Roosevelt Blvd Key West, FL 33040 /'
938 Whitehead St Key West, FL 33040
281 Front St Key West, FL 33040
APPR / M GEIMENT
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Monroe County BOCC is additional insured.
CERTIFICATE HOLDER
CANCELLATION.
dial -mon] a onroeco ty-
j SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
I
' THE EXPIRATION. DATE THEREOF, .NOTICE WILL BE DELIVERED IN
f ACCORDANCE WITH THE POLICY PROVISIONS
Monroe County BOCC
1100 Simonton Street
Key West, L 33040
®AUTHORIZE ; PREsENT�`. i
INS025 (2o1oo5).o1 The ACORD name and logo are registered marks of ACORD
LIABILITY.
0/2015
THIS CERTIFICATE IS ISSUED AS A MATTER OF • - • ONLY R CONFERS NO RIGHTS UPON-TIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
CO- — - -A CONTRACT ffE I
BELO• ■ •AUTHORIZED -
REPRESENTATIVE
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ios) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement.does not confer rights to the
holdercertificate
CONTACT
PRODUCERNAME: Tolene Wilson
Di�IIc Ilwll
FrontKey West Art & Historical Society
281
- West FL 33040
COVERAGES CERTIFICATE NUMBER:CL1532009007
REVISION NUMBER:
nquila on
TYPE OF INSURANCE
GENERAL LIABILITY
EACH OCCURRENCE
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3501 South Roosevelt Blvd Key West, FL 33040
281 Front St Key West, FL 33040 BY E
WAIVEM
Monroe County Tourist Development Council is additional insured.
CERTIII
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
I THE EXPIPATlnu DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE YJITH THE POLICY PROVISIONS.
Mo oe County Tourist Development Council
1201 White Street, Suite 102 auruoRlzE EPR E�rRrIYE
Rey West, FL 33040 �
I � �
INS025(niom).oi The ACORD name and logo are registered marks of ACORD