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Item D3 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: JANUARY 18. 2006 Division: TDC Bulk Item: Yes --K- No Department: Staff eomact Person: Maxine Pacini AGENDA ITEM WORDING: Approval of an Amendment to Agreement with the Florida Keys History of Diving Museum, Inc. to revise dates of Agreement and Exhibit A relating to budget expenditures, ITEM BACKGROUND: PREVIOUS RELEV A.~T BOCC ACTION: BOCC approved original Agreement at their meeting of January 21,2004 BOCC approved Amendment to Agreement at their meeting of October 20, 2004 CONTRACT/AGREEMENT CHANGES: Amendment to Agreement STAFF RECOMMENDATIONS: Approval TOTAL COST: $293,162 BUDGETED: Yes -L No COST TO COUNTY: $293,162 SOURCE OF FUNDS: TDC REVENUE PRODUCING: Yes X No AMOUNT PER MONTH_ Year APPROVED BY: County Atty --K- OMB/PurCh~.~. g/ X _~.. /...R~~~~~anagement~. X. c<;?/2Ljv<~~// , (Lynda Stuart) DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 2/05 MONROE COUNTY BOARD OF C01JNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Florida Keys History of Contract #_ Diving Museum, Inc. Effective Date: 1 !l /06 Expiration Date: Contract Purpose/Description: Approval of an "Amendment to Agreement with the Florida Kevs History of Diving Museum, Inc. to revise dates of Agreement and Exhibit A relating to budget expenditures. Contract Manager: Maxine Pacini 3523 TDC # 3 (Name) (EXL) (Department/Stop #) for BOCC meeting on 1/18/06 Agenda Deadline 1/3/06 eONTRACT COSTS Total Dollar Value of Contract: $ ;ZQSC If;; '?.. Budgeted? Y es[g] No D Account odes Grant: $ County Match: $ Current Year Portion: $ <S'. ()/JO 120-70040-530340- T40B-498Z-530340 - - - - -~~-- - - - --- ADDITIONAL eOST$ Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes D~e In ...... Needed Division Director t;jiflJ)' YesD NoB ( Date Out Risk Management a i''N...\ ~ l' O.M.B.!Purchasing II ~ 1."6" -c:$ YesD No~ ~,( YesD NoGj \ "\ ") ?-yview~! ..' . / / L~../l:L'L.a..'Ljj County Attorney I~ YesD No~ Comments: S.Hutton OMB Fonn Revised 2i27iOlMCP #2 AMENDMENT TO AGREEMENT THIS ADDENDUM to agreement is made and entered into this _ day of 2006, between the County of Monroe and The Florida Keys History of Diving Museum, Inc. WHEREAS, there was a contract entered into on January 21,2004, between the parties, awarding $293,162 to the Florida Keys History of Diving Museum, Inc. for the History of Diving Museum Development project, and WHEREAS, the contract was amended on October 20,2004 to allow for additional time to complete the project; and WHEREAS, it has become necessary to extend the contract for an additional period of time to allow the Florida Keys History of Diving Museum, Inc. enough time to complete the project due to delays caused by recent Hurricane activity; and WHEREAS, the Florida Keys History of Diving Museum, Inc. have requested a revision to Exhibit A of the Agreement relating to budget expenditures; 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 December 31, 2006 2. Exhibit A attached hereto and dated October 2005 shall replace Exhibit A of the agreement dated October 1, 2004. 3. The remaining provisions of the contract dated January 21, 2004, and amended on October 20,2004 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. Florida Keys History of Diving Museum, Inc. ~1)\J~ President (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Deputy Clerk Mayor/Chairman History of Diving Museum ROLLOVER REQUEST, EXTENSION AND LINE ITEM CHANGES SPREADSHEET DOCUMENT As of October 200S Based on REVISED EXHIBIT A as Approved By BOCC and Effective October 1,2004 NOTE; NO CHANGE IN TOTAL AMOUNT - LINE ITEMS CHANGED PER NARRATIVE Requested Requested Narrative project Change Net ExplanatioloJ Total Cost Line Item Change In Item Hard Dollar To: Line Item BUILDING RENOVATIONlCONSTUCTION Rem Add 1. PlanslPermitslDocumentslRelated 17,000 12,279 (4,721) A 2. Walls, Doors and Related Items and Structures 49,237 56,735 7,498 A 3. Outdoor Pads, Poles, Parking 5,925 0 (5,925) A 4. Plumbing 6,152 7,417 665 A 5. Electrical 18,551 32,551 14,000 A 6. Air Conditioning/Insulation 33,114 37,474 4,360 A 7. Paint/Stucco/Floors 12,421 20,021 7,600 A SECURITY Activity 1: Electronic 1,128 3,500 2,372 B Activity 2: Storm 1,943 2,835 892 B PAINTING Activity 1: Prep and Paint 4,950 0 0 EXHIBITS -INCLUDES INKlND AND HARD DOLLARS Activity 1: Design/Interpretive 37,850 0 0 Activity 2: Build/Install Exhibit Units 330,650 353,800 23.150 C AUOIOMDEO TOUR Activ ity 1: Script 8,400 0 (8,400) B Activity 2: Record 8,000 0 (8,000) B Activity 3: Hardware 4,250 0 (4,250) B Activity 4: Install/Products 2,500 0 (2,500) B OUTDOOR GRAPHICS 17,350 8,809 (8,541 ) C OUTDOOR ATTRACTANT Activity 1: Moulds 9,350 (9,350) 0 Activity 2: Figure 21,500 (21,500) 0 OUTDOOR SIGNAGE Activity 1: Canopy Signage 1,800 966 (834) E Activity 2: Primary Signage 4,243 12.460 8,217 0 MISCELLANEOUS (Distribute as Required. 5,267 E TOTAL - (NO NET CHANGE) 596,314 0 Florida Keys History of Diving Museum, Inc. Contract Modification Line Item Changes - Rationale's, Justifications and Amounts All items below refer to the Attached Spreadsheet For easier understanding and readability this is presented by first describing LINE ITEMS FROM WHICH MONEY IS TAKEN and then describing the LINE ITEMS INTO WHICH THE MONEY IS BEING TRANSFERRED. The Attached Spreadsheet shows from which line items money is to be removed (in Red) and into which line items funds are being placed (in Black). The net imoact on the hudflet is zero. REMOVE FUNDS FROM: A. Building Renovation and Construction - Remove 510,646 from the areas of Activity 1: PlanslPermitsIDocumentslRelated ($4,721), and Activity 3: Outdoor PadsIPoleslParking (5,925). Permits and related costs are under budget because some permits were acquired directly by the specific contractor and are included in their respective line item. The Outdoor PadslPoleslParking are largely not needed...the change in signage and outdoor attractant, described in D below, have eliminated the need for the pads. The poles are now part of the revised cost for signage and will be completed by the signage contractor, hence an increase in cost for the signage line. Parking requirements are minimal and will be included in Miscellaneous below. B. AudioNideo Tour - Remove $23,150. As the exhibits develop the technology, including audio and video are being incorporated into their fabrication...not as a separate stand~alone project as originally envisioned (all will be permanent). In addition, the second Bricks and Mortar grant includes further technology enhancements to a number of exhibits. Designing and building all of this as one seamless project is far more logical and will enhance the,exhibits substantially. All these funds will be moved into Build/Install Exhibits and will be used for the creation and installation of additional technology, including audio and video components. C. Outdoor Graphics - Remove $8,541. David Dunleavy and Guy Harvey donated a substantial amount of time to the project and that aspect was therefore under budget. The resuhant professionally painted mural is a far better result than originally planned graphics. D. Outdoor Attractant - Remove $30,850. The original plans called for a 14' tall artistic replica of a diving figure to stand outside on its own stand and as a separate entity from signage. The Village did not allow that figure to be displayed, but granted the Museum a substantial sign on which a smaller artistic figure will appear. Therefore, the purchase of the proposed figure is not required but cost of signage, below, will be increased.. E. Outdoor Signage - Remove $834 from Activity I, Canopy Signage. The sign contractor is able to do the signage without removing the canopy from the building. MOVE THOSE FUNDS INTO: A. Building Design and Construction (renovation) - Add $34,123. To Activity 2: Walls, Doors ($7,498), Activity 4: Plumbing ($665), Activity 5: Electrical ($14,000), Activity 6: Air Conditioning and Insulation ($4,360) and Activity 7: PaintJStuccolFloors ($7,600). These cost overruns are due to a variety offilctors including cost and labor increases since the grant was submitted (September '03) and required scope of work changes. B. Security Contractors - Add $3,264. To Activity 1: Electronic ($2,372) because an upgraded system is required for both insurance and safety purposes. To Activity 2: Storm ($892) since materials costs have skyrocketed and the original contractor refused to honor the original estimate and could not install for nearly nine additional months. Another contractor will install the shutters that the Museum purchased directly from the supplier. C. BuildlInstall Exhibits - Add 523,150. Moving all funds removed from AudioNideo Tour into this line item to enable better integration of activities and improvement of build flow. See B in "Remove Funds From" above. D. Outdoor Signage-Add 58,217. The Canopy Signage (Activity 1) is actually reduced (by $834, see E above) but the Primary Signage (Activity 2) has been increased by $8,217. The new sign will be held with two poles (not one as originally proposed), will incorporate the art object that was originally to be a separate item and will be more than twice as large as originally proposed. E. Miscellaneous - Add $5,267. There may be small overages on some of the line items and we will also have to stripe and put stops in the parking lot. These funds should cover those items and having this level of flexibility will avoid the need for an additional contract amendment for small final changes. IMPACT: NO NET CHANGE IN AMOUNT We believe that these changes of line items are a true and accurate reflection of the needs of the Museum at this time and will enable the project to continue its forward progress. Again, the bottom line doesn't change, just the allocation within line items. AMENDMENT TO AGREEMENT n THIS ADDENDUM to agreement is made and entered into thiSZlY/'1lday of ((C/~ 2004. between the County of Monroe (hereinafter "Countyj and The Florida Keys History of Diving Museum. Inc. WHEREAS, the parties entered into a comracton January 21.2004, to fund The History of Diving Museum Development project; and WHEREAS, it has become necessary to revise dates of Agreement and make revisions to the Exhibit A relating to budget expenditures; and NOW. THEREFORE, in consideration of the mutual covenants contained herein the parties agree to the amended agreement as follows: 1. Paragraph 1 shall read as follows: GRANT AGREEMENT PERIOD: This agreement is for the period of January 21, 2004 through December 31, 2005. This agreement shall remain in effect for the stated period unless one party gives to the other written notification of tennination pursuant to and in compliance with paragraphs 7, 12 and 13 below. All \YOrk for which grant funds are to be expended must be completed by the stated termination date. 2. Exhibit A attached hereto and dated October 1, 2004 shall replace Exhibit A of the agreement dated January 21. 2004. 3. The remaining provisions of the contract dated January 21, 2004 shall 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. FI~~~~YS History of Diving Museum, Inc. ~Q',,)Gvv'J/'- President (SEAL) ATTES~ DANNYL.KOLHAGE,ClERK r~/~ ~ DeputY Clerk BOARD OF COUNTY COMMISSIONERS O)~~~9~.N~dbO~. {~,l Mayor/Chairman }):<E A. ;UTTC'N ? ;f!?y:':;;/iCiEY REVISED EXHIBIT A - OCTOBER 1. 2004 History of Diving Museum TDC/BOCC Bricks and Mortar Contract.* Exhibit A NO CHANGE IN TOTALS OR AMOUNTS IN CATEGORIES CONSTRUCTION COST/DET AIL - SIMPLIFIEDIREVISED 9/01/04 "IDe COST" CONSTRUCTION: Prime Contractor 1. PlansIPermitsIDocumentsIRelated 2. Walls, Doors and Related Items and Structures 3. Outdoor Pads, Poles, Parking 4. Plumbing 5. Electrical 6. Air ConditioninglInsulation 7. Paint/Stucco/Floors $17,000 $49,237 $ 5,925 $ 6,152 $18,551 $33,114 $12,421 Sub Total $142,400 Security Contractors Activity I: Electronic Activity 2: Storm $1,128 $1,943 Palntine Contractor Activity 1: Prep and Paint Sub Total Building Construction $4,950 $150,421 EXHIBITS: Exhibits: {2.303 SQ. ft. (iiJ $160/sQ. ft.) Activity 1: Design/Interpretive Activity 2: Buildllnsta/l Exhibit Units $37,850 $330,650 AudiolVideo Tour: Activity 1: Script Activity 2: Record Activity 3: Hardware Activity 4: Install/Products Sub Total $8,400 $8,000 $4,250 $2,500 $391.650 PROMOTION (Bricks and Mortar Aspects): Outdoor Graphics: Activity I: Outdoor Graphics $17,350 1 IN- KIND ($14,000) ($132,581) ($ 146,581) Outdoor Attractant: Activity I: Moulds Activity 2: Figure Outdoor Shmaee: Activity I: Canopy Signage Activity 2: Primary Signage Sub Total TOTAL Submission for reimbursement will be by the above categories and will be by percentage completed in each area for each reimbursement submission. 2 $9,350 $21,500 $1,800 $4,243 $54.243 $596.314 Grant In Aid Award Aareement This AGREEMENT dated the 2/ ~y of JttN 2004, is entered into by and between the BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY, hereinafter "County" or "GRANTOR," on behatf of the TOURIST DEVELOPMENT COUNCIL, hereinafter "TOe" and The Florida Keys History of Diving Museum, Inc., a Florida not-for-proflt 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.profrt corporations, and WHEREAS, Grantee has applied for Grant in Aid funding for the History of Diving Museum Development project to construct, remodel, repair and improve the museum, hereinafter "the Property..; and WHEREAS, the Grantor and TOe 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, remodel, repair and improve the property for use as a museum 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 April 30, 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 services and materials as are required to enclose the "envelope or vault" area of the Museum and complete other appropriate walling; new ADA bathrooms and adaptations; electrical and air conditioning; new ingress and egress doors; security and outside attractants; design, fabrication and installation of the museum exhibits, as more particularly described in Exh ibit A. This project shall be completed and invoices submitted to the County Finance Department no later than April 30, 2005. The Grant in Aid funds must be expensed in the fiscal year ending September 3D, 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 shalf 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 TOC/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-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 $293,162 for materials and services used to construct, remodel, repair and improve 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 shalf 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 2 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 su bmissions 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 April 30, 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 TOC, 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 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 3 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 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 shalf 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 4 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 Liability Insurance with minimum limits of $300,000 combined single limit per occurrence, The Contractor, the County and the TOC 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 5 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 a nd hold harmless the BOCCrrDC 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 su it. 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 April 30. 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 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 seNices 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. 6 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 alf 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 shalf 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 fist. 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. 7 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 TOC 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. Any deviations from these General Insurance Requirements must be requested in writing on the County form titled "Request for Waiver of Insurance Requirements" and must be approved by Monroe County Risk Management. 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. 8 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: Dan Kunz The Florida Keys History of Diving Museum, Inc. P.O. Box 897 ISlamorada, FL 33036 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 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 BYcJ-.d~ By: ~~ (~ Mayor/Chaman (SEAL) The Florida Keys History of Diving Museum, Inc. By: President 9 EXHIBIT A C9NSTRUCTI()N COSTIDETAJL - REVISED PER DAC4 $10,"--" EXCLUSIQN "TDC IN- MONTHS (ADoros. Start ud Endiel' MODtu) COST" KIND 1 1 3!5i71 9 to 11 II CONSTRUCTION: Prime Contractor Activity J: "Mini-Musttum S24.900 3 Activity 1: OuISiLk Ana $23,500 3 4 Activity 3: Remove & Fill WaJls $24.500 S 6 Activity 4: Interior Walls "Vault" $17,000 6 8 Activity 5: Ai' Conditioning $21,500 9 Activity 6: Electrical Service $18.000 10 Activity 7: Flooring and Finish $13.000 11 12 Securitv Contnldog Activity I: Electronic $1.128 lO Activity 1: Storm $1.943 3 Paiatin2 Contractqr Activity I: l7ep and Paint $4.950 9 11 SUB TOTAL $150A21 EXBDITS: Idlibits: Activity J: Designl/nterpretive $37.850 ($14.000) 1 6 Activity 1: Build/lns/al/ Gallery Units $330.650 ($] 32,581) 3 11 Galkriu 1-2 ($28.1.52) ~ SJ 1,864) 3 4 Galleria 3-5 ($43.128) ~S17,796) 4 5 GalWria 6-8 (543_128) ($17,7%) .5 6 Galhmu 9-11 (543.128) ($17,796) 6 7 Gal1eria 11-/4 (543_128) ($17,7'96) 7 8 Galleria J 5-1 7 (543.128) (SI7.7%) 8 9 GaJ/eriu 18-20 ($43.128) (SI7,796) 9 10 Galleria 11-21 (S:28.J52) ~SJ 1,&64) II) 1I Fi1fishing ($16.078) ($937) 1] 12 AudiolVideo Tour: Activity I: Script $8,400 4 6 Activity 1: Record $8,000 7 8 Activity 3: Hardware $4,250 10 Activity 4; Install/Products $2.500 II 12 SUB TOTAL SJ91..65q (SI 46,581) PROMOTION (Bricks and Mortar Aspects): Outdoor Graphics: Activity J; Outdoor Graphics S17,35O 8 12 Outdoor Attndant: Activity I: Moulds S9,350 4 6 Activity}; Figure S2l,SOO 7 11 Outdoor Shmaee: Activity I: CanopySignage $1.800 2 3 Activity}: Primary Signage $4,243 10 12 SUB TOTAL S54~ TOTAL $59ti.JJ4 TOTAL Phase 1 Project Cost: $666,324. Abo\te Total. SS96,.J14 wll'DC SIOK Exclusion. file: tde revised cost summary - S101< removed _ 11.14.03 Page 1 of 8 Florida Keys History of Diving Museum, Inc. TDC Request Cor Synthesized Detail NOTE: aD detail matelaes the individual coDtrador letten tot were included ia the original fill proposal. AD eosts matela data OD prior spreadsheet. BUILDING CONSTUCTION PRIME CONTRACTOR Activity 1: "M"mi-Museum" $24,900 .Plumbing (ADA Bathrooms, WaDs, Electrical) .Office Area (Interior Fire W~ BJock Exterior Wan, Electrical) .From Outside wan (Re-block and Improve) .Interior WaDs for "MiJU..Museum" Area (Fire Walls and Doors) .Flooring .Dry wan Finj~hj,,& .Painting .PJans/PermitslReJated Activity 2: Outside Area $23,500 .Concrete Pads for Attractants .Poles Acquisition and InstaUation .Electrical Service InstaUation .Repaving Parking Area (Electrical Wires) .PJans/PermitslRelated Activity 3: Remove and Fill Walls $24.500 .Remove Interior WaDs in Storage Area .Block in Garage Door Openings .InStaIl Outside Doors as Required .PIastering and Fini~hing .PlanslPermitslRelated Activity 4: Interior Walls "Vault" $17,000 .Frame Exhibit Area .Install Fire Walls in Full Museum Area .InstaII Doors as Required . Finish. Walls .Paint WaDs .PJans/PermitslRelated Activity 5: Air Condih'oning 12/.500 .Electrical Service for Air Conditioning .Acquisition and Installation of Unit ,PJans/Permits/Related Page 2 of 8 Activity 6: Electrical Service .Establish Mains and Sub Boxes for DitTerent Areas .Reroute Electric for Boxes .InstalI Wall and Ceiling Boxes .PlanslPermitslRelated Activity 7: F700rlng and Finish .Install Rubber Tile in Museum Area .Final Finish SECURITY CONTRACTORS Activity 1: Electronic .Premise Pro Key Pad .Control Unit .Motion Detector .Door Contacts .Interior Siren . Telephone Jack .360 Motion Detector .Glass Break: .Overhead Door Contact .Zone Expander .ParaUel Protection .PennitlRegistration Activity 2: Storm .Accordion Storm Shutters .ASCE7-98, 15Omph. PAINTING CONTRACTOR Activity 1: Prep and Paint .Bleach and Pressure Clean .CaUIk and Patch as Needed .Scrape Loose and Flaked Paint .Apply Prime and Finish Coats SUBTOTAL BUILDING CONSTUCTION $18.000 $13,000 $1,128 $1,943 $4,950 $150.421 Page 3 of 8 EXHIBITS CONSTRUCTION Activity 1: Design and Interpretive .Develop ScriptJStoryline .Develop Storyboards .Develop Details for Build Process $37,850 (in Idnd - $14,000) Activity 2: Build/Install Gallery Units $330,650 (in kind- $132,581) NOTE: In the Museum Industry Exhibits are constructed on a per SQuare foot basis. not an hourly basis. The Museum accepted the lowest of thirteen estimates (all documentation available) when calculating the cost of the exhibits. The estimate we selected is from a not for profit museum and is approximately balfthe cost of the next lowest estimate. We calculated approximately 2~()()().2.S00 square feet will be covered by exlnDits. This works out to 22 galleries or separate exlnbit areas. FURTHER: It is impossible to list each of the components of each gallery since the Design and Interpretive work.. Activity 1 above, is not yet done. AUDIONIDEO TOUR Activity 1: Scripts .Development of Script Process and Actual Script to Match Exhibits/Galleries Activity 2: Records .Actual Recording of Script .Mixing .Filming .Voice Talent Activity 3: Hardware .Fixed Broadcast Hardware .DispJay Hardware Activity 4: Install . Securing . Testing $8,400 $8,000 $4,250 $2,500 SUB TOTAL EXHIBITS CONSTRUCTION $391.650 (in kind~146.581J Page 4 of 8 CONSTRUCTION PROMOTION (BRICKS AND MORTAR ASPECTS} OUTDOOR GRAPmCS Activity 1: Outdoor Graphics $/7,350 .Design Graphics .Print Graphics .ImtaJl Graphics in Permanent Manner OUTDOOR ATI'RACfANT Activity 1: Moulds Purchase $9,350 .Mould of "Iron Mike Dive Replica Artifact" Activity 2: Figure Purchase $21,500 .Construction of Artif8ct Replica .Framing and support structw'e . Installation OUTDOOR SIGNAGE Activity 1: Canopy Signage $1,800 .Remove and Install Lettering of New Name Activity 2: Primary Signage $4,243 .Develop Graphics .Print Sign .Install Sign (pole and base in prime contractor list) CONSTRUCTION PROMOTION $54.243 Page 5 of 8 SUMMARY: TOTAL PHASE 1 COST: "TDC REVISED" PHASE 1 COST: (Removal of $1 OK traveVshipping) (Figure on which Matches are based) BUll..DlNG CONSTRUCTION EXHlBIT CONSTRUCTION (Revised ftom original proposal due to removal of $10K travel and shipping costs.) PROMOTION CONSTRUCTION TOTAL ~'TDC REVSED" PHASE 1 Total Recommended by DAC4 me Grant In-Kind Match for me Hard Dollar Match for me IDC Applicable $293,162 $146,581 $146.581 $586,324 $606324 $ -20,000 $ 20.000 $ 0 Total Phase 1 Cost Shortfall Amount to be Raised Net File: tde summary of construction - remove travel - 11.14.03 $606,324 .$596.314 $150,421 $391,650 .$ 54.243 .$596314 $293,162 Page 6 of 8 VaIuJn. Ia-KiD4.Professional MIIIeUJD Sen1ee of Museu.m Priadpals ~SED 11/IUtJJ BASED ON me EXCLUSION OF TRA YELlSHlPPING The Florida Keys IDstory of Divia. Museum, lae.. Museum staff researched estimates of industry standard costs and we have received documentation from both the Association for Science and Technology Museums and the Exhibits Committee of the American Museum Association. The national societies cost the exhibit interpretation and construction process for this object-based Museum to be in the range ofS450-600 per square foot. In addition, we have contacted commercial exhibit houses that were recommended by other museums. Their estimates were similar. All are documented via the letters that follow this descriptive analysis document. Higher costs are certainly possible depending on the level of interactivity and technological support required; however, these costs reflect real costs for the proposed Museum. lJ /.r asnJti4I " IUItkmgtllll/lt 111_ _ "'" (or ~~bIts Il1'O_ dlJlEIWY~TlNGAJlTIFAC1'Sn.&..... ~ . ~~ ~U!tJ:;..4I(DiJW M__~" tM~~tM____ 01 Drs. Joe illltI Stdh Bauer. T1u'1 m/JlloII _Pi.. 1 _'iIct8l1/readv tlVtliltlble to tile MlLfelUlllIIV! II collJrllJlItIo" 111 tuIditio" to tlIW IiIIINS Dl'Gellted IIere~ It is further important to note that just as in building construction the plannn,g and design function are both integral and essential to the process. They are both thought of as components of developing and installing Exhibit Structures. Every one of the design/buiJd houses integrates the two processes. MOMITS (the MIlSeUDI of Man Ia The Sea), a museum with a similar focus in north Florida bas valued their interpretation and construction of aU exhibits at the Florida Keys History of Diving Museum for $ 160/sq. ft. Their estimate is therefore $368,500 (after REMOVING travel and shipping costs, per TOe instructions). A separate company will provide the FIXED exhibit audio/video tour (at about half the price of the next lowest bid) for $23,150. The total exhibit construction cost will therefore be $391,650. MOMITS and the audiolvideo tour companies can offer this reduced pricing because they are Dot-for-profit educational organations with volunteen who help with museUDI aetivJties and who have considerable design/buiJdJinstaJI museum expertise. MOMlTS estImoti! is s!llJstilnlitlllv belOHl tile ~e of tile commel'CilI/ ~ IT IS UPON THESE LOWEST PRICE ESTIMATES THAT WE BASE OUR 1N- KIND VALUATION. The Museum Priae-ipa" have extensive experience in Museum collection and exlubit work. They have written for research-based diving publications and are worldwide lecturers on the history of diving. In addition, they have developed and displaYed Musewn Exhibits., highlighting their co Uection in various venues. Their historical knowledge of this field is extensive. Page 7 of 8 TIll Prine:;: will 1M Sipiflc4l11lNJrtki1Hmts ill till mtlI'D1'eIive tI1Id bulldinlllSHcts q'tlll t!XlliIJi& Therefore, we value the in-kind contribution of the Principals to this efl'ort based on the MOMITS aowest) estimate ofSl60/sq. It. as follows: MAXIMUM IN-KIND ALLOWABLE BY TOe IS 25% OF THE TOTAL PROJECr COST. TOTAL PROJEcr COST (after removal ofTDC $1 OK exclusion for travel and shipping) IS 5596,324. Removal of SIOK from TDC side of budget removes a total of 520,000 from the total original budget (difference is 2:1: due to matehing component) reducing the e<<eedve working budget to $586,324 ofwhkll 5293,162 (50%) is TDC funds. l'HEREFoRK MAXIMUM ALLOWABLE IN-KIND IS $146.581t Estimates for DivisioD of Services are u Follows: ExlUbit DeveloDmeDt: $ Bued 00% of .I2!!I In-Kind Principals ConCrib. Outside ~rtise MOMITS {MuItiDIe)(I} Interpretative Exhibit Structures Audio Tour Totals: 36,850 (.1) 14,000 (.4) 331,650 (.9) 132,581 (.4) 23.150 (SeDarate} 0 391.6~ 146.581 10,000 20,000 o 30.~ 12,850 179,069 13.15'1 215.069 NOTES: 1.) Many parts of an Exhibit are purchased in small quantities - ie., 2 cases, or 4 ~ graphics for one gallery or display, etc. The "'Outside Expertise" segment is for obtaini11g objects that would nonnaUy be used in the construction of an Exhibit. 2.) It is possible to reduce the normal costs of Interpretive Activities due to the Principal's unique expertise and background. In this way a higher portion of the funds can be a.Uocated to Exhibit S~. fiIe:tdc -valuing inldnd - travel ship removed - 1] .14.03 Page 8 of 8 D~c 10 03 02:06p 30SG64-0047 ( p.2 MONRO[ COVNlY, FI.ORfDA 1'1" t:dlrin Request For Waiver uf In5uran~e RequinbJrrtts It is ftquested thar the insuranec requirements, lIs spCl(ilicd in the Counly's Schedule of Insurance Requirements, he waived or modi,ied on th. fOllowing COIlCract C"'r_, ---Ek: 6... ~-e,&" Ii) t.1.."'o .. t l::>~v'.....,\ Mv~......_. rN~ ConttlK'ffor; n c... \()r: c.\.s T t'Y1 ~\ 4-,('" c:;..f"~^,,"'" AddressorCOlfrador: ~o ~~)( ~'F T:'~\~'-c)rA-d~. SfL ~~a~b Phoae: ~o5- &'" -Ji'\tt.f/ ao"S'-.~ f./..o,qo r.""'e. s.op. "'Wort" .~ I..... "-,, .I'l!" ... .,. vI 1':' "'... , In., >__ _~ . --I'1..r: o'h-v ~""fr-'..r't' .....II."""'~; ""......., A-~ \)~-'C,. " ...1.... eJ'V/wl -oL A.e Jt_. ~'T....H -... ,..,....-. .1I..d.; '- ;'f'".s <H . __ cr. t. ... d ...: If; "'""'/ ~; r .... ~ Rea:wnforWai\'cr: All":> V.e""-:C\.f! S. CJ~nJ..(l~ 0('" l.~-S.Q~ stpaturc oreu.tractor: - -n..-.: e (16'. K.-J% Q. '1), "pprewed ~ )"lot APP"O"Cd Risk .......-" J1..d..q~f~ Date: -LJi1 '/0] . '..::::I F".<.;;!7-".r..... ~ COlI.'" Admi.i$trator AN>Cal: Appf"owd Not Applo"fll Date: : Board Df Coultty Commk5ioe~D Appra.: ApprovN Not Apprcwed MCdiRfC I)>.at~: Admiaill,r.;uion 'asrrucu.. #4709.2 ... De-o 19 03 02:0Gp 30~?"'664-0947 ( P.l .99(; F.(fit,- MONROE COUNTY, FLORIDA Request For Waiver of Iasu,....nft Requirements It is requested ftux tl\c in~tanc::e requinmtents. as ~peoc:iticd in the County's Sch<<Ju'c of InNUfilncc Kequirenlt..'flbr. be waived U1' lnodified on the NlJowfng C'QIlttact. c-.....r. 'Eto6d~ K-P\y /-Io~T""19 Of 1):":N~ l'vv\..."...., 7:~c. COIItrxtfor. T ~c. ~r~et....!a tr'" 1'h~r""-.r Gr4~ Add~.. ofCotrtrllctor: ~ 0 ~ \oJ 'K. <i-, "1 r-s \A ""orf.ly~. .;: L '3~()3 b ''fume. a()S'''~~V''.,:l18"'f 13o~-/'bV- O\~ (;) . Te-v\). SCOpe .Work: ~cld'J.# ".tf!,.;.J""~.,. -lIA.... T" M..u,. .,. -.." r_........ -.l ~_pl." _ fJ'f1.r4r Ao1>r~""''''r., ""111:"~ ;, -..,....,.4b. ~Y'_\ '~ ~t"'-1Wo,.f ~ J. L -.1 .~.,......... -.,1(......_ ~ W~.,..:O ...,.t. f"<li~J .... ~",A..r,f. Rea5OlttorWaiwr: No € ",""",,~~"l!,eS -= PoIieies W::aiwr will I. .. apply to: COt:!:t"k'Cl.t"~ Cc.)_~. I.<Vt ".C'~Iloo;:to! "t'k~ N"", d..qo r ;"'s.......;tl'll(!'.(~.....). 'T"'.k4? 1''''''01'''''$''.' ",'11f..fc.r e.N'S~t.-, ~r." ......~ C-.lT"".,.e~ ~~1';~n,=, .....w-}.o..^'j C)~ Tlo.(t I"t)' .,.a--w.ll '11JJ~ 4!' . .e"QoI-Cr': '" _ "':r J. ,''''''fl..-t ev~.r: ~ · "b~r.';!..,. - Si~ft..turc or C..ntntcror: ~~~ Risk MsaaRl!lMtte: r:A DIf~: I ;lit JI / () 3 '-=:7 . CO..I)' Alhni.illtraCOr Appeal: Appl'O\'ed Not ApproVed _ o.t~: 802rd 01 COlI."" C~jSllionn$ Appeal: ApprO\led Not Appro,,"cd Meec.... Datrc-: Ad....niHration IIlS'rwtfolt #470f'.2 \ ACQRlJ.. (' / CERTIFICA 1.: OF LIABILITY INSURAI'i,. C The Johnsons Insurance 89015 Overseas Highway Tavernier FL 33070 Phone: 305-852-9247 Agency CSR SG/ DATE (MMiDDiYYYY! THEFL-1 01/27 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCER INSURERS AFFORDING COVERAGE T~e.Florida Keys History of D~v~ng Museum Inc 82990 Overseas Hwy Islamorada FL 33036 'NSURER A 'NSURER a iNSURER C INSURER () iNSURER E. COVERAGES THE POLICIES Of INSURANCE LISTED BELOW HAVE BEEN iSSUED TO THE iNSURED NAMED ABOVE FOR THE POLlCY PERIOD iNDICATED NOT\VlTHSTANOING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE lNSURANCE AFFORDEO 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 lNSR-il'iPD ~-- : -'--~~--~-~--'-'--'-~-TIoCR:VEFfeGrJVTTPOJ:jCITXJ5i~fiONT-'-""--~--___._~_..__ L TR INSR TYPE OF INSURANCE ; POlley NUMBER i OA TE MMJOOlYY 'OA TE MMIDDIYY) ; LIMITS ; GENERAL UABILlTY ! EACH OCCURRENCE i $ 500 I 000 A X Jil eO~MEReIAL GENERAlUABllITY CLS0983445 01/21/04 01/21/05 ! ~~~~~~E~=~) I$. 50,000 i i ! CLAIMS MADE l2U OCCUR I MEO EXP (Anyone person) i $. 5 I 000 ~ j PERSONAL <I ADV INJURY -I $. 500 fOOD o I GENERAl AGGREGATE I$. 500 I 000 I GEN'L AGGREGATE lIM1: APPUE,S PER; ! PRODUCTS. COMPIOP AGG '$. 500 1000 il POlley n ~GET ' LOC , AU:OMOBIlE llABIllTY ~-_.--J ANY AUTO H" AlL OWNED AUTOS - SCHEDULED AUTOS t~ HIRED AUTOS H NON-OWNED AUTOS COMBINED SINGLE LIMIT (lOa accident) I ! $. j' BOOlL Y INJURY (per person) L I BODll Y INJURY (Par accident) $. ! $. I GARAGE llABILITY if ANY AUTO BY PROPERTY DAMAGE . (par accidarn) $. I OTHER THAN I AUTO ONLY: AUTO ONLY. EA ACCIDENT $ EA ACe $ AGG $ 1$ 1$ f 1$ : EXCESSlUMBRELLA LIABILITY n OCCUR: 0 CLAIMS MAGE I 1--, I --j DEDUCTIBLE r - RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORtPARTNERlEXECUTIVE OFFICER/MEMBER EXCLUDED? ~~~~~s~R~v~~3~s below OTHER WAIVER j'A . EACH OCCURRENCE !;GGREGATE I DESCRIPTION OF OPERA nONS IlOCA TIONS I VEHIClES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVlSIONS Not for Profit Museum ****** THIS IS A TRUE AND CERTIFIED COpy OF THE ORIGINAL CERTIFICATE OF INSURANCE***** .$ ,$ CERTIFICATE HOLDER IS ADDITIONALLY INSURED CERTtFrCA TE HOLDER CANCELLA TION Monroe County Board of County Commission 1100 Simonton Street Key West FL 33040 MONR023 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WilL ENDEAVOR TO MAlL !.~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEfT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBlIGA TION OR LIABILITY OF ANY KINO UPON THE INSURER, ITS AGENTS OR ACORD 25 (2001/08) If)/)" d_H