Item E04
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: MAY 19. 2004 Division: TDC
Bulk Item: Yes -1L- No
Department:
AGENDA ITEM WORDING:
Approval to rescind Agreement with Marine Mammal Conservancy, Inc. for the
Rehabilitation Center project.
ITEM BACKGROUND:
A letter is attached from the President of the Marine Mammal Conservancy
requesting that the contract be rescinded due to them not being able to meet
the requirements of the Agreement at this time.
PREVIOUS REVELANT BOCC ACTION:
SOCC approved the original Agreement at their meeting of February 18, 2004.
This Agreement was not executed by the Clerks office due to insurance
requirements not being met by Marine Mammal Conservancy, Inc.
CONTRACT/AGREEMENT CHANGES:
Rescind
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $91.000
COST TO COUNTY: $91.000
BUDGETED: Yes -L No
SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes 1L- No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty ---X-
OMBlPurchasing X Risk Management ....K.-.
(Lynda Stuart)
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included X
To FolIow_ Not Required_
AGENDAITEM# <SLt
DISPOSITION:
Revised 2/27/01
First, let me thank you for all of the help you have been in this process. It has
been a pleasure working with you and I do appreciate your patience and advice during
this difficult time. We sincerely apologize for any unnecessary inconvenience this has
caused you and the TDC as well as the Monroe County Board of County Commissioners.
Please also pass on our thanks and appreciation for all that the TDC and DAC V
Advisory members have done for us as well.
MARINE MAMMAL CONSERVANCY, INC.
MARINE MAMMAL RESCUE FOUNDATION
POBox 1625
Key Largo, F133037-1625
(305) 451-4774 / (305) 778-4847/ (305) 853-0675
Fax: (305) 451-4730
Web Site: www.marinemammalconsv.or!!
E-mail: info~marinemammalconsv .or!!
Board of Directors
Arthur G Cooper April 29, 2004
Chairman
Robert G Lingenfelser . .
President Tounst Development CouncIl
Richard L Trout C/O Maxine
Vice-President S . E '1 dm' @fl k
Director of Husbandry ent VIa -mal: a masst a- eys.com
December M Lauretano
Secretary/Treasurer
Lloyd E Brown
Director
Dear Maxine,
Brenda Bush
Director
Kyle Lane
Director
Advisory Personnel
Martin E Firestone
General Counsel
Protecting Marine Mammals & Their Habitats
Through Research, Rescue, Rehabilitation,
Release and Education
Karen Susalla
Webmaster
Liz Nicholas It is with deep regret that MMC needs to rescind our grant application and
proj~~raC~oi~n~tor agreement with the Monroe County Tourist Development Council. Hopefully, the
Dr. Robert 0 Stevens, following reasons will give you a better understanding of why we need to do this.
DVM
Veterinarian
1. My brother, Dane, and I decided to close Lingo Construction Corporation on
Dr. Laura L=Heureax,
DVM , March 31 st, because our last three projects still owe us over $600,000.00 and we could no
Vetennanan longer afford to keep Lingo going. I informed the MMC Board of our decision and began
Dr. Martha Edwards,
DVM looking for a new contractor for MMC. Because of our decision, no insurance was ever
Veterinarian
issued to the TDC and Monroe County so that the contract could be executed.
2. Lingo's generosity of in-kind services (no profit no overhead) representing over
50% of in-kind services as well as the Lingo budget were a large factor in the grant
application and the DAC V Advisory Board coming to the figure of$91,000+. Finding
another contractor to agree to the same budget and in-kind services in order to keep the
grant will be difficult, not to mention that they would need to execute all of this with
submittals almost immediately. I don't see that happening.
3. MMC has not raised all of the necessary funds (Not one grant application has
been approved so far this year) in order for any contractor to complete the project by
September. This would have been difficult for even Lingo to do, but I believed that we
could do so as long as we started by June 1 st, 31 days from today. I do not believe that
any other contractor would be able to commit to that schedule without charging us for the
commitment as well as completing all of the necessary paperwork, changes in the permit
status (contractor/subcontractor changes), etc...
4. A new contractor would change the scope of the present TDC contract which would
probably not meet TDC approval since the numbers were based on Lingo's budget.
Additionally, the MMC Board would have to approve the new contractor once a
proposal was submitted, the contract would have to be negotiated and signed, then
once approved by the MMC Board the permits would have to be changed over to that
contractor's license, and then the contract, insurance paperwork etc... would have to
be submitted to TDC for approval. There is not enough time before the BaCC would
have to take action to do all of this.
5. Finally, MMC has no wish to continue making more work for the TDC, you and your
staff without everything else being in place. You have already been more than
generous with your time and efforts on our behalf.
When we do get everything in place, we hope that the TDC will again consider us for
funding. If you should require any further information, please don't hesitate to call me at
(305) 451-4774 or e-mail me at rgl@marinemammalconsv.org:.
Sincerely,
Robert G Lingenfelser Jr
President
Page 1 of 1
Pacini-Maxine
From: Hutton-Suzanne
Sent: Friday, April 30, 2004 9:39 AM
To: Pacini-Maxine
Subject: RE: Marine Mammal Conservancy
Yes. It would be preferable to rely on a signed original, but the president of the organization has very clearly
informed us of the MMC's rescission of the contract. It sounds as if the County approved it at meeting but due to
the lack of insurance, it remains unexecuted. Accordingly, it needs to be placed on the BOCC agenda, requesting
approval to rescind their prior approval.
From: Pacini-Maxine
Sent: Friday, April 30, 2004 9:28 AM
To: Hutton-Suzanne
Subject: FW: Marine Mammal Conservancy
Suzanne, Harold asked me to forward this to you with the following question:
With this letter can we legally rescind the unexecuted Agreement?
Sincerely,
Maxine Pacini
Administrative Assistant
Monroe County Tourist Development Council
305-296-1552
-----Original Message-----
From: 'Robert G Lingenfelser Jr' [mailto:rgl@marinemammalconsv.org]
Sent: Thursday, April 29, 2004 8:59 PM
To: adminasst@f1a-keys.com
SUbject: Marine Mammal Conservancy
Attached is the letter rescinding our grant as we discussed yesterday. If you should require any thing else, please
don't hesitate to call me. Thanks for everything you have done.
Sincerely,
Robert G Lingenfelser Jr
President
Marine Mammal Conservancy, Inc
4/30/2004
Page 1 of 1
Pacini-Maxine
from: Maxine Pacini [adminasst@fla-keys.com]
Sent: Friday, April 30, 2004 9:43 AM
To: 'rgl@marinemammalconsv.org'
Subject: RE: Marine Mammal Conservancy
Thank you for your letter - please put a signed original in the mail to
Maxine Pacini
MCTDC
1201 White Street
Suite 102
Key West, FL 33040
Sincerely,
Maxine Pacini
Administrative Assistant
Monroe County Tourist Development Council
305-296-1552
-----Original Message-----
From: 'Robert G Lingenfelser Jr' [mailto:rgl@marinemammalconsv.org]
Sent: Thursday, April 29, 20048:59 PM
To: adminasst@f1a-keys.com
Subject: Marine Mammal Conservancy
Attached is the letter rescinding our grant as we discussed yesterday. If you should require any thing
else, please don't hesitate to call me. Thanks for everything you have done.
Sincerely,
Robert G Lingenfelser Jr
President
Marine Mammal Conservancy, Inc
4/30/2004
.'
~
Grant In Aid Award Aareement
This AGREEMENT dated the~y of h13 3lO4, is
entered into by and between the BOARD OF COUNTY COMMISSIONERS FOR
MONROE COUNTY, hereinafter uCounty" or uGRANTOR: on behalf of the
TOURIST DEVELOPMENT COUNCIL, hereinafter uTDC- and Marine Mammal
Conservancy, Inc., a Florida not-for-profit corporation, hereinafter uGrantee-.
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 and beaches which are
publicly owned and operated or owned and operated by not-for-proflt
corporations, and
WHEREAS, Grantee has applied for Grant in Aid funding for the
Marine Mammal Conservancy Rehabilitation Center project to construct the
Marine Mammal Conservancy Rehabilitation Center, hereinafter "the Property";
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 construct the property for use as a zoological
park/nature center 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
February 18, 2004 through September 30,2004. 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. All work for which grant funds are to be expended must be
completed by the stated termination date.
2. SCOPE OF AGREEMENT. The Grantee shall provide such services and
materials as are required for the installation of the following: Paved Curb Cut on
US 1; Pea Rock Driveway/Parking Area (Handicapped); Lagoon entrance gate
labor; Medical Pens Installation (Labor and Materials for Installation);
HVAC/Solar & Hot Water System/Site Solar Lighting; Fencing; Water quality
management; Required permitted landscaping work
This project shall be completed and invoices submitted to the County Finance
Department no later than September 30, 2004. The Grant in Aid funds must be
expensed in the fiscal year ending September 30, 2004. No funds will be
available for use for this project agreement after September 30, 2004.
The Grantee shall designate a project manager if no licensed architect, engineer
or general contractor is involved in the project. If the project is performed by
County or City personnel, the project manager shall be the Engineer, Building
Official or Construction Manager of that local government agency. This
designation must be made and notice pursuant to paragraph 20 provided to
TDC/County prior to commencement of work covered by this agreement.
Documentation of said notice shall be submitted in the first payment application.
Should any signage be erected acknowledging the development of the project,
said signage shall acknowledge the Tourist Development Council of Monroe
County.
If the amount of award exceeds $25.000. the Grantee agrees to dedicate the
project property for a period of ten years, absent any acts not in control of the
Grantee such as hurricane or terrorist damage, to the public purpose for which
the funds are hereunder to be paid by County. If, project does not encompass
structural improvements to real property and for any reason the project property
ceases such public purpose use before the expiration of the ten years, the
personalty (property other than realty) acquired under this agreement shall be
delivered to the County or a not-for-proflt organization which shall use the items
for purposes which are related to the promotion of tourism in Monroe County.
3. AMOUNT OF AGREEMENT AND PAYMENT. The Grantor shall provide
an amount not to exceed $91,000 for materials and services used to construct
the property. 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 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, invoices, canceled checks and other
documentation necessary to support a claim for reimbursement. Included in said
documentation shall be proof that the Grantee has received and applied to the
property matching funds equivalent to or greater than the amount invoiced to the
Grantor. The application for payment document must be certified through a
statement signed by an officer of the organization and notarized, declaring that
representations in the invoice are true and factual. Grantee shall also proVide
partial releases of liens if applicable. Grantor shall retain 10% of any payment on
work in progress until the Grantee has provided a Final Release of Lien for each
vendor/Contractor for whom payment is requested. 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
Final Release of Lien
Affidavit and Partial Release of Lien
b) Matching funds in an amount no less than the funds provided under this
agreement are required to be applied to the project. Application of matching
funds requires actual payment of the matching funds. Mere obligation through
2
execution of a contract or approval of a budget item to be paid from matching
funds will not suffice. In order for funds to be deemed matching, they shall have
been expended for the services and materials required for the specific project
described in the Scope of Services paragraph. Any funds applied to any use on
the real property other than the project shall not be used as matching funds
required under this agreement In order to be considered matching funds for the
project funded by grant under this agreement, the matching funds must be
applied to the project during the term of this agreement.
c) 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 the schedule of values attached hereto and incorporated herein
as Exhibit A which are sought to be reimbursed and shall indicate the percentage
of completion of the overall project as of the submission. This document should
be signed by the project architect, engineer, general contractor or project
manager. Photographs showing progress on project shall be included in any
payment request.
d) Funding granted under this Grant in Aid Agreement must be expended by
the County no later than September 30, 2004. Any amount of the grant funds not
expended by County by that date shall no longer be available to Grantee, unless
prior to September 30, 2004, an amendment extending this agreement has been
approved in writing and executed by both parties.
4. REPORTS. The Grantee shall provide financial reports in summary of activity
on forms provided or approved by the TDC, and quarterly narrative reports of
activity under the approved work plan. The Grantee shall keep such records as
are necessary to document the performance of the agreement and expenses ~s
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. It is the responsibility of the Grantee to maintain appropriate records to
insure a proper accounting of all funds and expenditures. The Grantee
understands that it shall be responsible for repayment of any and all audit
exceptions which are identified by the Auditor General for the State of Florida,
the Clerk of Court for Monroe County, the Board of County Commissioners for
Monroe County, or their agents and representatives. In the event of an audit
exception, the current fiscal year grant award or subsequent grant awards will be
offset by the amount of the audit exception. In the event the grant is not renewed
or supplemented in future years, the Grantee will be billed by the Grantor for the
amount of the audit exception and shall promptly repay any audit exception.
5. 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.
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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.
7. COMPLIANCE WITH LAW. In carrying out its obligations under this
agreement, the Grantee shall abide by all statutes, ordinances, rules and
regulations pertaining to or regulating the provisions of this agreement, including
those now in effect and hereafter adopted. Any violation of said statutes,
ordinances, rules or regulations shall constitute a material breach of this
agreement and shall entitle the Grantor to terminate this agreement immediately
upon delivery of written notice of termination to the Grantee.
8. RESTRICTIONS ON AGREEMENTS ENTERED PURSUANT TO THIS
AGREEMENT. The Grantee shall include in all agreements funded under this
agreement the following terms:
a) Anti-discrimination. Contractor agrees that they will not discriminate against
any employees or applicants for employment or against persons for any other
benefit or service under this agreement because of their race, color, religion, sex,
national origin, or physical or mental handicap where the handicap does not
affect the ability of an individual to perform in a position of employment, and to
abide by all federal and state laws regarding non-discrimination.
b) Anti-kickback. Contractor warrants that no person has been employed or
retained to solicit or secure this agreement upon an agreement or understanding
for a commission, percentage, brokerage or contingent fee, and that no
employee or officer of the 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,
4
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 polley which will insure and indemnify the Contractor and the
County from any suits, claims or actions brought by any person or persons and
from all costs and expenses of litigation brought against the Contractor for such
injuries to persons or damage to property occurring during the agreement or
thereafter that results from performance by Contractor of the obligations set forth
in this agreement. At all times during the term of this agreement and for one year
after acceptance of the project, Contractor shall maintain on file with the County
a certificate of the insurance of the carriers showing that the aforesaid insurance
policy is in effect. The following coverage's shall be provided:
1. Workers Compensation insurance as required by Florida Statutes.
2. Commercial General Liability Insurance with minimum limits of
$500,000 per occurrence for bodily injury, personal injury and property damage.
3. Comprehensive Auto Liability Insurance with minimum limits of
$300,000 combined single limit per occurrence.
The Contractor, the County and the TDC shall be named as additional insured,
exempt 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.
All insurance certificates should be mailed directly to:
Monroe County Board of County Commissioners
C/O Risk Management
1100 Simonton Street
Room 2-277
Key West, FL 33040
Re-imbursement shall not move forward until the above insurance certificates
have been received and approved by the County Risk Management Department.
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.
9. HOLD HARMLESS/INDEMNIFICATION. The Grantee hereby agrees to
indemnify and hold harmless the BOCCITDC 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
5
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.
10. ANTI-DISCRIMINATION. The Grantee agrees that they will not discriminate
against any of their employees or applicants for employment or against persons
for any benefit or service 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.
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, 2004.
Termination prior thereto shall occur whenever funds cannot be obtained or
cannot be continued at a level sufficient to allow for the continuation of this
agreement pursuant to the terms herein. In the event that funds cannot be
continued at a level sufficient to allow the continuation of this agreement
pursuant to the terms specified herein, this agreement may then be terminated
immediately by written notice of termination delivered in person or by mail to
Grantee. The Grantor may terminate this agreement without cause upon giving
written notice of termination to Applicant. The Grantor shall not be obligated to
pay for any services or goods provided by Grantee after Grantee has received
written notice of termination. If the Agreement does not receive an approved
extension beyond the grant agreement period, as defined in-paragraph 1, the
grant in aid funds will expire on the fiscal year ending date of September 30,
2004.
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.
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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. CONSENT TO JURISDICTION. This agreement, its performance, and all
disputes arising hereunder, shall be governed by the laws of the State of Florida,
and both parties agree that the proper venue for any actions shall be in Monroe
County.
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.
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
7
certificate of the insurance of the carriers showing that the aforesaid insurance
policy is in effect. The following coverage's shall be provided:
1. Workers Compensation insurance as required by Florida Statutes.
2. Commercial General liability Insurance with minimum limits of
$500,000 per occurrence for bodily injury, personal injury and property damage.
3. Comprehensive Auto liability Insurance with minimum limits of
$300,000 combined single limit per occurrence.
The Grantee, the Grantor and the TDC shall be named as additional insured,
except workers compensation. The policies shall provide no less than 30 days
notice of cancellation, non-renewal or reduction of coverage.
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
insurance showing that the aforesaid insurance coverage's are in effect.
All insurance certificates should be mailed directly to:
Monroe County Board of County Commissioners
C/O Risk Management
1100 Simonton Street
Room 2-277
Key West, FL 33040
Re-imbursement shall not move forward until the above insurance certificates
have been received and approved by the County Risk Management Department.
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:
Robert Lingenfelser Jr.
President
Lingo Construction Corporation
4077 S.W. 40th Avenue
Pembroke Park, FL 33023
Lynda Stuart
Monroe County Tourist Development Council
1201 White Street, Suite 102
Key West, FL 33040
For Grantor:
and
Suzanne Hutton, Asst. County Attorney
P.O. Box 1026
Key West, FL 33041-1026
8
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first above written.
(SEAL)
ATTEST: DANNYL. KOLHAGE,CLERK
BOARD OF COLNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By:
Deputy Clerk
Mayor/Chaiman
(SEAL
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EXHIBIT A
PART V:
PROJECT BUDGET AND TIMETABLE - All PROJECTS
1. Cost Estimates: List all major work Items and the estimated costs of
each. If the project is phased, segregate c1earty those costs for the phase to be
assisted by the TOC funds requested. All phases and total estimated cost of the
entire project must be listed here. The phases TOC monies will be used for are
in Italic font.
Utilities Budget
Electrical Service $20,500.00
Water Service $17,500.00
Compost System $21,000.00
Grey Water/Septlc System $6,000.00
Subtotal: $84,000.00
Curb $24,375.00 !
CutIDrlveway
Paved Curb Cut on US 1
Pea Rock Drlveway/Parklng Area (Handicapped) $12,505.00
Subtotal: $36,880.00
Lagoon
Improvements
Maintenance Dredging $10,000.00 ~
Lagoon Entrance Gate $13,500.00 ~
Medica/ Pens $34,760.00
Aeration $2,200.00
Subtotal: $60,460.00
Locker/Shower
Building
Walk-IOn Refrigerator/Freezer $9,800.00
(Partial Funding of $37, 875) $178,875.00 /
575 sqJft Building wI handicap access
HVAClSo/ar &Hot Water System/Site Solar Lighting $23,571.00
Subtotal: $210,246.00
land
Improvements $51,000.OO~
Land-cleartng, Site-work & Existing Piling Removal
Fencing $36,500.00/
Water Quality Management $25,914.00 v'
Required Permitted Landscaping Worle $15,000.00
Subtotal: $128,414.00
Total Construction Budget: $500,000.00
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Total cost of phase/projed for which funds are requested: (not to exceed
50% of the total proJed cost:
a)Phase
b )ProJed
.1250.000.00
.J500.000.OQ
Percentage of TOC funds requested of Total Budget: (not to exceed 50%
of the total project cost)
a)Phase 50%
b)ProJed 1 00%
2. Confirmation that signed, sealed bid process was utilized for acquiring
architectural services, or that project does not require architectural services.
This. Drolect no lonGer reaulres architectural services.
3. Matching Funds. List the sources and amounts of confirmed matching
funds. (For Items Involving personnel, Include the number of hours to be spent
on the proJed activities and their per-hour value). These funds must not be
expended before execution of a Capital Project Agreement. Prior donated
services or expenditures are not acceptable as match for grant funds. No m0t'8
than fifty (50%) percent of matching funds or twenty-five (25%) percent of the
total project shall be In-kind services.
a) Hard-dollar: Jh_e ha." dqJlar amoun" have alreadv been received for
lI1e construction and develoDment of the Marine Mammal Conservancy
Rehabllltlton Center.
The EttInaer Found,tlon
The Prentice Foundation
Jane Lawton
MarlIn InteGrated CaD'"
Mqlntvre Foun411t1on
Hawley FamilY Foundation
Robert ~ Unae..,....
L1nao Construction COI'D.
ua..ooo.OQ
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SI1.00Q.OQ
..500.H
WJIllJHl
Lf::H
It 1.800.OQ
b) In-Kind (50%) limit 1n kind donatlona are LINGO Conatructlon
COl'DOratlona commitment anti contract to comDletLtbla Drolect at cost
foreGolna oyerhead..lDSlRmtft on t,hla Drolect. 'DIe value of till,
commitment la wetl over~. I~ Overhead and 10~
profit the tota, In.'dn~ commitment . ~er commitment!
Include yolunteer labor to Inatall and main_'n landsceDlnG durinG that
ah- of conatructlon as we<<.JaJl2odons of...llme end eaulDment frOm
Blue Water Enalneerlna. Kevs Crane Servlen. Plan~tlon T.... 4\
_nc. end manyothera who have made aome
commitment to Get thl. DrofIS ComDIete4
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Total confirmed matching Hard-dollar funds:
Total confirmed matching In-klnd funds:
J2QO.ooo.oo
.J 50.000.00+
This amount should equal or exceed TOe Funds requested.
Proiected in-kind services and aoods shall be allocated the followina values.
subiect to neaotiation with Toe/County. list here all such antidDated values:
ynao' Con.tructlon COrD. SSO.OOO.OO...:!:..2f Overhead & Profit on thl. Drols
aJue Water Enalneerlna" De. Ian. Inc. S1..GOq.00 + of Enalneerlna
.DrawlnGS and Con.ultatlon '
Key'. Crane ~ce. ~ Crane Service. for tru.. Dlacement and
concrete Dlatform movement .
EJantatl.sm..Irll..l LandacaDe Service. I..SOO.OO 2fjrImmlna and mulchlna
amC88 durlna muLs,learlna
Key Larao IlUIu.trle. (~educed lDeeI.1 Prlclna on materia" for tf1...t
mgJect worth at Ie_t_
Branchlna O'li, 1n2....Jj,500.00 wortl of auaer h"me. while the barae In the
laaoon can ...ach VIe HoJo'. .,de of the DroDertv to auaer 20 hol~s "
mJHJ ea for the knee ..Itllat reaul.... constructon.
Volunteer man hours valYISI at minimum ..ae "5.25 Der hour at 290 man
hours to a_l.t with the In.tallatlon of landacaDlna valued at $1..050.00
4. Outline of expansion opportunity for acquiring further match grants.
The Marine Mammal Conservancy will seek continued fundlna fro...,
JUlsLllonal ....ources such as the Pre.cott Grant Proaram (.ellalble to aDD'r
aaal" In 2OQ'1. annual aDDIJBlfon. to confl.DD!!l.ources .uch as th,
.P...ntlce Foundation and the EttinGer Foundation. New .ources fOund thai
Include the Th....hold Foundation. The Ocean Fund. and the HawleY FamUl
Foundation. '
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