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Item F04 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: NOVEMBER 16,2005 Division: TDC Bulk Item: Yes -X- No Depanment: Staff Contact Person: Maxine Pacini AGENDA ITEM WORDING: Approval of an extension to Agreement with the Dolphin Research Center for the Dolphin Habitat and Tiki Strueture projects to March 31, 2006. ITEM BACKGROUND: Due to Hurricane Katrina and Hurricane Rita the project was unable to be completed on time and an extension is requested. PREVIOUS RELEVANT BOCC ACTION: BOCC approved original agreement at their meeting of January 21,2004 BOCC approved amendment to agreement at their meeting of November 17,2004 CONTRACT/AGREEMENT CHANGES: Extension to Agreement STAFF RECOMMENDATIONS: Approval TOT AL COST: $64,908 BUDGETED: Yes ~ No COST TO COUNTY: $64,908 SOURCE OF FUNDS: TDC REVENUE PRODUCING: Yes X No AMOUNT PER MONTH_ Year APPROVED BY: County Atty -X- OMB/Purchasing ~ Risk Management ~ DIVISION DIRECTOR APPROVAL: (Lynda Stuart) DOCUMENTA TION: Included X Not Required ~ DISPOSITION AGENDA ITEM Revised 2/05 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Dolphin Research Center Contract # - Effective Date: 11/16/05 Expiration Date: Contract Purpose/Description: Approval of an extension to Agreement with the Dolphin Research Center for the Dolphin Habitat and Tiki Structure proiects to March 31. 2006. Contract Manager: Maxine Pacini 3523 TDC # 3 (N ame) (Ex!.) (Department/Stop #) for BOCC meeting on 11/16/05 Agenda Deadline 11/1/05 CONTRACT COSTS Total Dollar Value of Contract: $ 64,908 Budgeted? Yes[SJ No 0 Account Codes Grant: $ County Match: $ Current Year Portion: $ 25,000 119-79040-530340- T49B-163-Z-530340 - - - ----~ - - --- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW County Attorney II L L-rr ~ Changes Needed YesO NoE] Date Out Division Director Risk Management I () {d-t)::>YesO Nok2r ~ O.M.BJPurchasing 10\1\0" Y esO NoQ//~ S.Hutton Comments: OMB Fonn Revised 2/27/01 MCP #2 AMENDMENT TO AGREEMENT THIS ADDENDUM to agreement is made and entered into this _ day of 2005, between the County of Monroe and Dolphin Research Center. WHEREAS, there was a contract entered into on January 21, 2004, between the parties, awarding $64,908 to the Dolphin Research Center for the Dolphin Habitat and Tiki Structure projects, and WHEREAS, the contract was amended on November 17, 2004 to allow for the completion of the project; and WHEREAS, it has become necessary to extend the contract for an additional period of time to allow the Dolphin Research Center to complete the project due to delays created by Hurricane Katrina and Hurricane Rita; NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree to the amended agreement as follows: 1. Contract period as outlined in Paragraph 1 be extended to March 31, 2006 2. This project shall be completed and invoices submitted to the County Finance Department no later than March 31,2006. The Grant-in-Aid funds must be expended by March 31,2006. No funds will be available for use for this project agreement after March 31,2006. 3. The remaining provisions of the contract dated January 21, 2004, and amended on November 17, 2004 remain in full force and effect IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above written. Dolphin Research Center )'Yu(JhQj~IJ~ - Rt>dnjvJ.'i~/ Presld nt (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Deputy Clerk or/Chairman DOLPHIN RESEARCH CENTER Teaching. . . Learning. . _ Caring For Marine Mammals and the Environment We Share September 30, 2005 Monroe County T ounst Development Council c 1201 White Street, Suite#102 Key West, FL 33050 Re: Request for extension to complete TDe Capital Funds Project np.ar TDe Representatives: We are writin~ this letter to request an exhmsion for dOmplc:dion of our Capital Project to REe8iR & IMP80VE "tJKJ STBJl.CJ1JRE Q\lER CAUSF:WA Y. Due to delays faced by our contractor as a result of impacts ~rn Hurricane Katrina and Hurricane Rita. we are unable to complete the project JOY the September 30~ 2005 deadline. We would like to extend this project deadlin~until March 31, 2006. j .~i 'L~ Additionally, the remaining balance to be spent and reimbursed for the above mentioned project is $25,000.00. ---' Thank you fOT your consideration in this matter. i!l'~' RUaITwin Vice President of Marketing and Development 58901 Overseas Highway, Grassy Key, Floricld 33050-6019 Phone: (305) 289~1l21 Fax; (305) 743-7627 www.dolphins.org ~ AMENDMENT TO ACiREEME~I L,- ,;K/ /THIS ADDENDUM to agreement is made and entered into this ..!.L- day of /,vt;;~ 2004, between the County of Monroe and Dolphin Research Center. WHEREAS, there was a contract entered into on January 21, 2004, between the parties, awarding $64,908 to the Dolphin Research Center for the Dolphin Habitat and Tiki Structure projects, and WHEREAS, it has become necessary to extend the contract for an additional period of time to allow the Dolphin Research Center to complete the project; NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree to the amended agreement as follows: 1. Contract period as outlined in Paragraph 1 be extended to September 30, 2005. 2. This project shall be completed and invoices submitted to the County Finance Department no later than September 30, 2005. The Grant-in-Aid funds must be expended by September 30, 2005. No funds will be available for use for this project agreement after September 30, 2005. 3. The remaining provisions of the contract dated January 21, 2004, remain in full force and effect. IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above written. Dolphin Research Center rI"J^< \5/.'".61- 1(."i,''Fy-- President J (SEAL) ATTEST: DANNYl.KOlHAGE,ClERK (:j:~~~ Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ;{~)u >n ~ Mayor/Chairman Grant In Aid Award Agreement This AGREEMENT dated the:2/~ay of JItN 2004. is entered into by and between the BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY, hereinafter "County" or "GRANTOR," on behalf of the TOURIST DEVELOPMENT COUNCIL, hereinafter "TDC" and Dolphin Research Center, a Florida not~for~profit corporation, hereinafter "Grantee". WHEREAS, the third penny of Tourist Development Tax may be used to acquire, construct. extend, enlarge, remodel, repair or improve, convention centers, sports stadiums, sports arenas. coliseums, auditoriums, fishing piers, museums, zoological parks, nature centers and beaches which are publicly owned and operated or owned and operated by not~for~profit corporations, and WHEREAS, Grantee has applied for Grant in Aid funding for the Dolphin Habitat and Tiki Structure projects to repair and replace the Dolphin Habitat fences and gates and repair and improve the Tiki Structure over causeway, 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 repair the property for use as a zoological park 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 January 21. 2004 through January 31, 2005. 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 materials and services as are required to repair and replace the fencing & gates around the dolphins' and sea lions' habitat, repair and improve the existing shade structure on the Causeway. This project shall be completed and invoices submitted to the County Finance Department no later than January 31, 2005. The Grant in Aid funds must be expensed in the fiscal year ending September 30, 2005. No funds will be available for use for this project agreement after September 30, 2005. 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 sign age 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-profit 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 $64,908 for materials and services used to repair 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 2 Affidavit and Partial Release of Lien All payment requests must be submitted no later than 60 days after the completion of project 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 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, 2005. Any amount of the grant funds not expended by County by that date shall no longer be available to Grantee, unless prior to January 31, 2005 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 as incurred, and give access to these records at the request of the TOe, 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 3 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. 6. INDEPENDENT CONTRACTOR. At an 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 vioration 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 4 County and that violation of this paragraph may result in the County withdrawing funding for the Project. c) Hold harmless/indemnification. Contractor acknowledges that this agreement is funded at least in part by the County and agrees to indemnify and hold harmless the County and any of its officers and employees from and against any and all claims, liabilities, litigation, causes of action, damages, costs, expenses (including but not limited to fees and expenses arising from any factual investigation, discovery or preparation for litigation), and the payment of any and all of the foregoing or any demands, settlements or judgments (collectively claims) arising directly or indirectly from any negligence or criminal conduct on the part of Contractor in the performance of the terms of this agreement. The Contractor shall immediately give notice to the County of any suit, claim or action made against the Contractor that is related to the activity under this agreement, and will cooperate with the County in the investigation arising as a result of any suit, action or claim related this agreement. d) Insurance. Contractor agrees that it maintains in force at its own expense a liability insurance policy which will insure and indemnify the Contractor and the County from any suits, claims or actions brought by any person or persons and from all costs and expenses of litigation brought against the Contractor for such injuries to persons or damage to property occurring during the agreement or thereafter that results from performance by Contractor of the obligations set forth in this agreement. At all times during the term of this agreement and for one year after acceptance of the project, Contractor shall maintain on file with the County a certificate of the insurance of the carriers showing that the aforesaid insurance policy is in effect. The following coverage's shall be provided: 1. Workers Compensation insurance as required by Florida Statutes. 2. Commercial General Liability Insurance with minimum limits of $500,000 per occurrence for bodily injury, personal injury and property damage. 3. Comprehensive Auto Liabifity 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. 5 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/INDEMNIFICA TION. The Grantee hereby agrees to indemnify and hold harmless the BOCC/TDC and any of its officers and employees from and against any and all claims, liabilities, litigation, causes of action, damages, costs, expenses (including but not limited to fees and expenses arising from any factual investigation, discovery or preparation for litigation), and the payment of any and all of the foregoing or any demands, settlements or judgments arising directly or indirectly under this agreement. The Grantee shall immediately give notice to the Grantor of any suit, claim or action made against the Grantor that is related to the activity under this agreement, and will cooperate with the Grantor in the investigation arising as a result of any suit, action or claim related to this agreement. 1 O. 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 January 31, 2005. 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 6 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, 2005. 13, TERMINATION FOR BREACH. The Grantor may immediately terminate this agreement for any breach of the terms contained herein. Such termination shall take place immediately upon receipt of written notice of said termination. Any waiver of any breach of covenants herein contained to be kept and performed by Grantee shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the Grantor from declaring a forfeiture for any succeeding breach either of the same conditions or of any other conditions. Failure to provide Grantor with certification of use of matching funds or matching in.kind services at or above the rate of request for reimbursement or payment by is a breach of agreement, for which the Grantor may terminate this agreement upon giving written notification of termination. 14. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the Grantee and the Grantor. 15. 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 7 construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 18. AUTHORITY: Grantee warrants that it is authorized by law to engage in the performance of the activities encompassed by the project herein described. Each of the signatories for the Grantee below certifies and warrants that the Grantee's name in this agreement is the full name as designated in its corporate charter (if a corporation); they are empowered to act and contract for the Grantee, and this agreement has been approved by the Board of Directors of Grantee or other appropriate authority. 19. LICENSING AND PERMITS: Grantee warrants that it shall have, prior to commencement of work under this agreement and at all times during said work, all required licenses and permits whether federal, state, County or City. 20. INSURANCE: Grantee agrees that it maintains in force at its own expense a liability insurance policy which will insure and indemnify the Grantee and the Grantor from any suits, claims or actions brought by any person or persons and from all costs and expenses of litigation brought against the Grantee for such injuries to persons or damage to property occurring during the agreement or thereafter that results from performance by Grantee of the obligations set forth in this agreement. At all times during the term of this agreement and for one year after acceptance of the project, Grantee shall maintain on file with the Grantor a certificate of the insurance of the carriers showing that the aforesaid insurance policy is in effect. The following coverage's shall be provided: 1. Workers Compensation insurance as required by Florida Statutes. 2. Commercial General Liability Insurance with minimum limits of $500,000 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 shalf maintain on file with the Grantor a certificate of insurance showing that the aforesaid insurance coverage's are in effect. 8 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: Armando Rodriguez Executive Director Dolphin Research Center 58901 Overseas Highway Grassy Key, FL 33050 For Grantor: Lynda Stuart Monroe County Tourist Development Council 1201 White Street, Suite 102 Key West, FL 33040 and Suzanne Hutton, Asst. County Attorney P.O. Box 1026 Key West, FL 33041-1026 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 ~ /~ I Byk ~~~ '-~1-~<c~L - /beputy Clerk BOARD OF COlMY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY:~(~ Mayor/Ch' an (SEAL) Dolphin Research Center MONROE COUNTY AHO NEY APPROVED AS T By: r/~t" ,~n G~d"1- l(oi. 'J 7J eSldent l 9 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 TDC funds requested. All phases and total estimated cost of the entire project must be listed here. (1) Construction materials for dolphin habitat repair - $28.823.00 Tools for dolDhin habitat reDair - $2.500.00 Labor for dolphin habitat repair - $17.433.00 (3) Labor for tiki construction and causeway repair - $7.300.00 Contractor for construction of causeway tiki - $23.760.00 Contractor for causeway repair - $50.000.00 Total cost of phase/project for which funds are requested: (not to exceed 50% of the total project cost: (1) a)Phase ----1-24.378 b )Project $24.378 (2) a)Phase b )Project $40.530 $40.530 Percentage of TDC funds requested of Total Budget: (not to exceed 50% of the total project cost) (1) a)Phase b )Project 50% 50% (2) a)Phase b )Project 50% 50% 2. Confinnation that signed, sealed bid process was utilized for acquiring architectural services, or that project does not require architectural services. N/A 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 project 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 more than fifty (50%) percent of matching funds or twenty-fIVe (25%) percent of the total project shaU be in-kind services. a) Hard-dollar (1) $24.378 ORe match from our operatina budget (2) $15.000 in-hand from Peter Lappin: $10.000 additional pledge by Peter Lappin. $15.530 DRC match from oDerating budget. b) In-Kind (50%) limit: Total confirmed matching Hard-dolfar funds: Total confirmed matching In-kind funds: $64.908.00 N/A This amount should equal or exceed TDC Funds requested. 22 Page 1 of 2 Proiected in~kind services and QOods shall be allocated the followinQ values. subiect to negotiation with TOC/County. List here all such anticipated values: NOT APPLICABLE 4. Outline of expansion opportunity for acquiring further match grants. ORe's development staff will be aQaressivelv fundraising for these proiects with our existina and new donors: Mr. Laopin has pledaed an additional $10.000 towards the Causeway Tiki Shelter proiect. Page 2 of 2 23 ( ! :SSJE 01'\1:: I~Hl ,"ClO (YY) 975989 I I 0 1/26/04 ThiS CERTL""CATE IS ISSUED AS A, MATTER or \rORf..~ArQN ONLY AND CONFERS NO RIGHTS LPO~, TI-"E CER""lFICAJE HOLDER. THIS CERTIFiCATE OOES NOT AM[NO. eXTE.ND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW P;::::ODUCEA. CERTIf';ATE OF INSURANCE '. K & K Insurance Group, 1712 Magnavox Way P.O. Box 2338 Fort Wayne, In 46801 Inc. iNSURED DOLPHJN RESEARCH CENTER I INC. 58901 Overseas Highway ! Grassy Key, Fl. 33050 COMPANIES AFFORDING COVERAGE COMPANY A LETTER GREAT COMPAHY B LETTER COMPANY C LElTER AMERICAN ASSUR~~CE COMP -~~c__'~c~_~~~~~-! COVERAGES "'_'m~__",____~___,___~_____, THIS IS 10 CERTlfY THAi THE POLICIES OF INSURANCE LISTED BElOW HAve l!E:EN ISSUEO TO THE INSURED NAMED ABOVE FOf1 THE POde\' PERIOD IN~"---' DlCATED, NOlWlTHSUl,NOING ANY REaUI REUENT. TERM OR CONDrilON Of MY CONTRACT OR or HER DOCUMENT WITH RESPECT 10 WHICH TH is CE RT iFICATE MAY BE: ISSUEDOA MAY PEJffil.lN, THE iNSURANCE AI=FOADEO SVTI-(!:; POUCIES DESCRIBED HI;R!;'UJ IS SUBJECT In ALL THE TERMS EXCLUSIONS AND CONDI- TIONS OE SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCEO BY PAID CLAIMS i co. TYPE OF iNSURANCE POLICY NUMBER POlICY EFFECTIVE ,POLICY EXPIRATION LTR DATE (MM/OO/YY) I D~TE \MMJDDIYy) , 12:01AM ,- 12:01AM 3/01/03 3/01/04 / , A General LIabilIty [X)eommercllll General Uabilit)' o Claims Made IE OcClX. DOwne.r's 50 ConlfaC'tOfS Prot o PAC0788949401 A AutOlllooile liability o Any auto o All owned autos [XI Scheduled iltltos 5a H,:ed avtos GaNon.owned autOS DGarage Liability o ExcelS Liablllly GO o Other than Umbrella form EXC0788950201 PAC0788949401 'A Workers' Compe-nution arad EmploYli!l'$' liability ~..'n 3'r'{}D I " Partlclpant Al:cldenl OESORIPTION OF Of'ERATI~S Il.OC.PiIlONS I IfSiICLESI AESTRCTIONSJ SPEClAlITEMS LIMITS (In tl1ousands) 12:01AM 3/01/03 NONE 5000 1000 1000 300 5 N A 12:01AM 3/01/04 $ 1000 $ $ $. Each Occurronca !\ggregalill $. 1000 $ Statuto Each Accident Oisease-Pofic Umil Olsease-Eac h Em pI $ $ $ s 1000 NT $ $ $ AO&D Primal Medical Excess Medical Wooktl IndMln;t x THE CERTHO['DER IS LISTED AS ADDITIONAL INSURED, BUT ONLY WITH RESPECT TO LIABILITY ARISING FROM THE ACTIVITIES OR OPERATIONS OF THE NAMED INSURED. CERTIFICATe: HOlDER MONROE COUNTY BOARD OF COUNTY COMMISSIONERS & MONROE CO. TOURIST DEVELOPMENT COUNCIL 1100 SIMTON STREET KEY WEST, FL 33040 CANCELLATlOtt SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 8E CANCELLED 8EFORE THE EXPIRATiON DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAlL 30 DAYS WRITTEN NOnCE TO THE CERTIFiCATE HOLDER NAMED TO THE LEFT, BUT FAILURE "TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR lIA81l1TY OF ANY KiND UPON THE COMPANY. ITS AGENTS OR REPRESEN'J):i,TrVES. I AjTHO"'12EO RE'PRESEN1'ATIVE I /l~?f~ SL 39 1-92 AC..DRnu CERTIFIC~T'~ OF LIABILITY INSUR./t"'CE j DATE (MMJDDrvvyy) 02/03/2004 PRODUCER FAX " THIS CERTlFICATE\",.SSUED AS A MATTER OF INFORMATION T.R. Jones & Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1780 North Krome Avenue HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Hoems 'tead, FL 33030 Patti Spi res INSURERS AFFORDING COVERAGE NAlC# INSURED Dolph,n Research Center, Inc INSURER k Great American Insurance Co. S8901 Overseas Highway INSURER 8: Grassy Key, Fl 330)0 INSURER c: iNSURER D: INSURER Eo COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWITHSTANDIN( ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~$l: ~~l: TYPE OF INSURANCE POLICY NUMBER POUCY EFFECTlVE POLICY EXPiRATION LIMITS GENERAL LIABIlITY EACH OCCURRENCE $ - DAMAGE TO RENTED COMMERCIAl GENERAL LIABILITY $ 1 ClAIMS MADE 0 OCCUR MED EXP (Anyone peISOfl) $ PERSONAl & ADV INJURY $ - GENERAL AGGREGATE $ t-- GEN'l AGGREGATE LIMIT APPliES PER: PROOUCTS .. COMPiOP AGG $ n .nPRO- nlOC POLICY JEeT AUTOMOBILE UABIUTY COMaINED SINGLE LIMIT - (Ea acclOOnI) S MN AUTO - All OWNED AUTOS ~0~~~~!~ r P\? MEN1 BOOIl Y INJURY - 1)1\.~ S SCHEDUlED AUTOS (Per person) - , - HIRED AUTOS . ..........\~ - 1] I~- aoDIl Y INJURY $ NON.QWNED AUTOS . . . ~r - - (Per acddenl) - ......., . ......- ..._..1 ~>\ '. . ~::r PROPERTY DAMAGE $ ,. ~....YES - i?er acddent) - GARAGE l.IA8ll1TY AUTO ONLY.. EA ACCIDENT $ R MN AUTO OTHER THAN €A ACC $ AUTO ONLY; AGG $ EXCESSlUMBRELLA UAalLlTY EACH OCCURRENCE $ U OCCUR o ClAIMS MADE AGGREGATE $ $ R DEDUCTIBLE S RETENTION $ $ WORKERS COMPENSATlOH AND WC969SS43 04/01/2003 04/01/2004 I T~g9r~~ I IOJ:- EMPLOYERS' LIABIlITY E.L EACH ACCIDENT $ 500.00 A AN'( PROPRiETORIPARTNERlEXECUTlVE OFFICERlMEMBER EXCLUOED? E.L DISEASE. €A EMPLOYEE S 500,00 ~~M1~~V~NS below E.L. DISEASE. POLICY LIMIT $ 500.00 OTHER DESCRiPl10N OF OPERATIONS I LOCATIONS i VEHK;LES I EXCLUSIONS ADDED ay ENDORSEMENT f SPECIAL PROVISIONS Monroe County Board of County Commisssioners & Monroe Co. Tourist Development Council 1100 Simonton Street Key West, Fl 33040 SHOULO AN.Y OF THE ABOVE OESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION OATE THEREOF. THE' iSSUING INSURER WILL ENDEAVOR TO MAIL ....ML. DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEfT, aUT FAll.URE TO MAIL SUCH NOTICE SHAlL IMPOSE NO OBLIGATION OR UAalllTY OF ANY KINO UPON THE INSURER fTS~GENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVa:).(.,.. ~ Debbie McAfee, A ent of Record @ACORDCORPORATION 1988 ACORD 25 (2001108) IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the poJicy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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 endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend. extend or alter the coverage afforded by the poliCies listed thereon. ACORD 25 (2001!08)