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01/21/2004 AgreementDANNY L. KOLHA GE CLERK OF THE CIRCUIT COURT DATE: February 3, 2004 TO: Lynda Stuart, Office Manager Tourist Development Council ATTN. • Maxine Pacini Administrative Assistant FROM. • Pamela G. Hanc Deputy Clerk At the January 21, 2004, Board of County Commissioner's meeting the Board granted approval and authorized execution of the following: ✓Grant In Aid Award Agreement between Monroe County and the Florida Keys History of Diving Museum, Inc. for a diving museum development project in an amount not to exceed $293,162 - DAC IV, FY 2004 Capital Project Resources. Grant In Aid Award Agreement between Monroe County and the National Marine Sanctuary Foundation for the Dr. Nancy Foster Florida Keys Environmental Center — Florida Keys Ecosystem Exhibit project in an amount not to exceed $222,500 - DAC I, FY 2004 Capital Project Resources. Enclosed are two duplicate originals of each of the above -mentioned for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Administrator w/o documents County Attorney Finance File ✓ Grant In Aid Award Agreement This AGREEMENT dated theIday of J2004, 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 The Florida Keys History of Diving Museum, Inc., 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 History of Diving Museum Development project to construct, remodel, repair and improve the museum, hereinafter "the Property'; and WHEREAS, the Grantor and TDC have determined that it is in the best interest of the County, for purposes of promoting tourism and preserving the heritage of the community, to construct, 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 Exhibit 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 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 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— AIA 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: AIA Document G-702 Application for Payment Summary AIA Document G-704 Certificate of Substantial Completion AIA Document G-706 Contractor's Affidavit of Debts & Claims AIA Document G-706A Contractor's Affidavit of Release of Liens AIA Document G-707 Consent of Surety to Final Payment 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 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 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 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 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 shall have the right to annul this agreement without liability or, in its discretion, to deduct from the agreement price or consideration, the full amount of such commission, percentage, brokerage or contingent fee. Contractor acknowledges that it is aware that funding for this agreement is available at least in part through the County and that violation of this paragraph may result in the County withdrawing funding for the Project. c) Hold harmless/indemnification. Contractor acknowledges that this agreement is funded at least in part by the County and agrees to indemnify and hold harmless the 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 TDC shall be named as additional insured, exempt workers compensation. The policies shall provide no less than 30 days notice of cancellation, non -renewal or reduction of coverage. At all times during the term of this agreement and for one year after acceptance of the project, Contractor shall maintain on file with the County a certificate of insurance showing that the aforesaid insurance coverage's are in effect. All insurance certificates should be mailed directly to: Monroe County Board of County Commissioners C/O Risk Management 1100 Simonton Street Room 2-277 Key West, FL 33040 Re-imbursement shall not move forward until the above insurance certificates have been received and approved by the County Risk Management Department. e) Licensing and Permits. Contractor warrants that it shall have, prior to commencement of work under this agreement and at all times during said work, all required licenses and permits whether federal, state, County or City. 9. HOLD HARMLESS/INDEMNIFICATION. The Grantee hereby agrees to indemnify and hold harmless the 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. 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 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. 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 all disputes arising hereunder, shall be governed by the laws of the State of Florida, and both parties agree that the proper venue for any actions shall be in Monroe County. 16. ETHICS CLAUSE: Grantee warrants that he has not employed, retained or otherwise had act on his behalf any former County officer or employee in violation of Section 2 or Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of the provision the Grantor may, at its discretion terminate this agreement without liability and may also, at its discretion, deduct from the agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former or present County officer or employee. 17. PUBLIC ENTITY CRIME STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on an agreement to provide any goods or services to a public entity, may not submit a bid on a agreement with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub -contractor, or consultant under a agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 18. AUTHORITY: Grantee warrants that it is authorized by law to engage in the performance of the activities encompassed by the project herein described. Each of the signatories for the Grantee below certifies and warrants that the Grantee's name in this agreement is the full name as designated in its corporate charter (if a corporation); they are empowered to act and contract for the Grantee, and this agreement has been approved by the Board of Directors of Grantee or other appropriate authority. 19. LICENSING AND PERMITS: Grantee warrants that it shall have, prior to commencement of work under this agreement and at all times during said work, all required licenses and permits whether federal, state, County or City. 20. INSURANCE: Grantee agrees that it maintains in force at its own expense a liability insurance policy which will insure and indemnify the Grantee and the Grantor from any suits, claims or actions brought by any person or persons and from all costs and expenses of litigation brought against the Grantee for such injuries to persons or damage to property occurring during the agreement or thereafter that results from performance by Grantee of the obligations set forth in this agreement. At all times during the term of this agreement and for one year after acceptance of the project, Grantee shall maintain on file with the Grantor a certificate of the insurance of the carriers showing that the aforesaid insurance policy is in effect. The following coverage's shall be provided: 1. Workers Compensation insurance as required by Florida Statutes. 2. Commercial General Liability Insurance with minimum limits of $500,000 per occurrence for bodily injury, personal injury and property damage. 3. Comprehensive Auto Liability Insurance with minimum limits of $300,000 combined single limit per occurrence. The Grantee, the Grantor and the TDC shall be named as additional insured, except workers compensation. The policies shall provide no less than 30 days notice of cancellation, non -renewal or reduction of coverage. At all times during the term of this agreement and for one year after acceptance of the project, Grantee shall maintain on file with the Grantor a certificate of insurance showing that the aforesaid insurance coverage's are in effect. 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 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: DANNY L. KOLHAGE, CLERK B• -,"Deputy Clerk (SEAL) BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: E Mayor/Chairman The Florida Keys History of Diving Museum, iic. co cl r G By:c C� President 7-1` =y' C11 _ D MONROE COUNTY ATTORNEY OVED A 0 6ZANNff A. HUTTON 'NTY TTORNEY /1, D 3 EXHIBIT A CONSTRUCTION COST/DETAIL -- REVISED PER DAC4 $10 ,,,r EXCLUSION f1w IN- MONTHS (Approx. Start and Ending Mouths) COST" KIND 1 2 3 4 5 6 7 8 9 10 11 12 CONSTRUCTION: Prime Contractor Activity 1: `Mini Museum $24,900 1 3 Activity 2: Outside Area $23,500 3 4 Activity 3: Remove & Fill Walls $24,500 5 6 Activity 4: Interior Walls "Vault" $17,000 6 8 Activity 5: Air Conditioning $21,500 9 Activity 6. Electrical Service $18,000 10 Activity 7. Flooring and Finish $13,000 11 12 Security Contractors Activity 1: Electronic $1,128 10 Activity 2: Storm $1,943 3 Painting Contractor Activity 1: Prep and Paint $4,950 9 11 SUB TOTAL $150421 EXMBITS: Exhibits.• Activity 1: Design/Interpretive $37,850 ($14,000) 1 6 Activity 2: Budd/Install Gallery Units $330,650 ($132,581) 3 11 Galleries 1-2 ($28.152) ($11,864) 3 4 Galleries 3-5 (S43.128) (S17,796) 96) 4 5 Galleries 6-8 (S43.128) (S17,796) 5 6 Galleries 9-11 (S43.128) ($17, 796) 6 7 Galleries 12-14 (S43.128) (S17,796) 7 8 Galleries 15-17 (S43.128) ($17,796) 8 9 Galleries 18-20 (S43.128) (S17,796) 9 10 Galleries 21-22 ($28.152) (Sl 1,864) 10 11 Finishing ($16.078) (S937) 11 12 Audio/Video Tour. Activity 1: Script $8,400 4 6 Activitv 2. Record $8,000 7 8 Activity 3: Hardware $4 250 10 Activity 4: Install/Products $2,500 11 12 SUB TOTAL S391A N ($146, i81) PROMOTION (Bricks and Mortar Aspects): Outdoor Graphics: Activity 1: Outdoor Graphics $17,350 8 Outdoor Attractant: Activity 1: Moulds $9,350 4 6 Activity 2: Figure $21,500 7 Outdoor Sienaee• Activity 1: Canopy Signage $1,800 2 3 Activity 2: Primary Signage $4,243 SUB TOTAL $54Z43 TOTAL S5% 14 TOTAL Phase 1 Project Cost: $606,324. Above Totals $5%,314 w/TDC $10K Exclusion. file: tdc revised cost summary - S10K removed - 11.14.03 12 11 10 12 Page 1 of 8 Florida Keys History of Diving Museum, Inc. TDC Request for Synthesized Detail NOTE: all detail matches the individual contractor letters that were included in the original full proposal. All costs match data on prior spreadsheet. BUILDING CONSTUCTION PRIME CONTRACTOR Activity 1: "Mini -Museum " $24, 900 .Plumbing (ADA Bathrooms, Walls, Electrical) .Office Area (Interior Fire Walls, Block Exterior Wall, Electrical) .Front Outside Wall (Re -block and Improve) .Interior Walls for "Mini -Museum" Area (Fire Walls and Doors) .Flooring .Dry Wall Finishing .Painting -Plans/Permits/Related Activity 2: Outside Area $23, S00 .Concrete Pads for Attractants .Poles Acquisition and Installation .Electrical Service Installation .Repaving Parking Area (Electrical Wires) -Plans/Permits/Related Activity 3: Remove and Fill Walls $24, S00 .Remove Interior Walls in Storage Area .Block in Garage Door Openings .Install Outside Doors as Required .Plastering and Finishing -Plans/Permits/Related Activity 4: Interior Walls "Vault" $17, 000 .Frame Exlnbit Area .Install Fire Walls in Full Museum Area .Install Doors as Required .Finish Walls .Paint Walls -Plans/Permits/Related Activity S: Air Conditioning $21, S00 .Electrical Service for Air Conditioning .Acquisition and Installation of Unit .Plans/Permits/Related Page 2 of 8 Activity 6. Electrical Service $18, 000 .Establish Mains and Sub Boxes for Different Areas .Reroute Electric for Boxes .Install Wall and Ceiling Boxes .Plans/Permits/Related Activity 7. Flooring and Finish $13, 000 .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 .Parallel Protection . Permit/Registration Activity 2: Storm .Accordion Storm Shutters .ASCE7-98, 150mph. PAINTING CONTRACTOR Activity 1: Prep and Paint .Bleach and Pressure Clean .Caulk and Patch as Needed .Scrape Loose and Flaked Paint .Apply Prime and Finish Coats $1,128 $1, 943 $4, 9S0 SUBTOTAL BUILDING CONSTUCTION $150,421 Page 3 of 8 EXHIBITS CONSTRUCTION Activity 1: Design and Interpretive .Develop Script/Storyline .Develop Storyboards .Develop Details for Build Process Activity 2: Build/Install Gallery Units $37,850 (in kind - $14,000) $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 half the cost of the next lowest estimate. We calculated approximately 2,000-2,500 square feet will be covered by exhibits. This works out to 22 galleries or separate exhibit areas. FURTHER: It is impossible to list each of the components of each gallery since the Design and Interpretive work, Activity I above, is not yet done. AUDIO/VIDEO TOUR Activity 1: Scripts $8, 400 .Development of Script Process and Actual Script to Match Exhibits/Galleries Activity 2: Records $8, 000 .Actual Recording of Script .Mixing .Filming .Voice Talent Activity 3: Hardware $4, 250 .Fixed Broadcast Hardware .Display Hardware Activity 4: Install $2, 500 .Securing .Testing SUB TOTAL EXHIBITS CONSTRUCTION S391,650 (in kind $146,581) Page 4 of 8 CONSTRUCTION PROMOTION BRICKS AND MORTAR ASPECTS) OUTDOOR GRAPHICS Activity 1: Outdoor Graphics $17, 350 .Design Graphics .Print Graphics .Install Graphics in Permanent Manner OUTDOOR ATTRACTANT Activity 1: Moulds Purchase $9, 350 .Mould of "Iron Mike Dive Replica Artifact" Activity 2: Figure Purchase $21, 500 .Construction of Artifact Replica .Framing and support structure .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: $606,324 "TDC REVISED" PHASE 1 COST: $596,314 (Removal of $1 OK travel/shipping) (Figure on which Matches are based) BUILDING CONSTRUCTION $150,421 E)GMIT CONSTRUCTION $3911,650 (Revised from original proposal due to removal of $IOK travel and shipping costs.) PROMOTION CONSTRUCTION 54,243 TOTAL "TDC REVSED" PHASE 1 $596,314 Total Recommended by DAC4 $2933,162 TDC Grant $2931,162 In -Kind Match for TDC $146,581 Hard Dollar Match for TDC $146,581 TDC Applicable $5863,324 Total Phase 1 Cost $606,324 Shortfall $-20,000 Amount to be Raised 20,000 Net $ 0 File: tdc summary of construction — remove travel—11.14.03 Page 6 of 8 Valuing In -Kind Professional Museum Service of Museum Principab REVISED 11114I193 BASED ON TDC EXCLUSION OF TR4VEL/SHIPPING The Florida Keys History of Diving Museum, Inc. 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 of $450-6W 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, It is essential to understand that these costs are for construcdnr exhibits around ALRFADYMSTIIVGARTIFACTS ac an "Oblect Based" disvlav). The Florida Keys Hrstory ofDivina Museum already has the artifacts from the collection ofDrs. JoeandWIyBauer. The 1 million o Phase I wMacts Ske-ady available to the Museum are a contribution in addition to any fleares Presented herein. It is fiu Cher important to note that ,just as in building construction the planning and design fiuotion 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/build houses integrates the two processes. MOMITS (the Museum of Man In The Sea), a museum with a similar focus in north Florida has valued their interpretation and construction of all 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 TDC instructions). A separate company will provide the FD 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 audio/video tour companies can offer this reduced pricing because they are not -for -profit educational organizations with volunteers who help with museum activities and who have considerable des' �gn/build/install museum expertise. MOMITS estimate is substantially below the estimate of the commercial admateL IT IS UPON THESE LOWEST PRICE ESTIMATES THAT WE BASE OUR IN- KI7VD VALUATION. The Museum Principals have extensive experience in Museum collection and exhibit 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 Museum Exhibits, highlighting their collection in various venues. Their historical knowledge of this field is extensive. Page 7 of 8 The ftWckwb will be sirnificant participants . the &temredve and buildlar acc ,ects of the exlitbtts; Therefore, we value the in-ldnd contribution of the Principals to this effort based on the MOMITS &_westj estimate of $160/sq. i% as follows: MAXIMUM IN -KIND ALLOWABLE BY TDC IS 25% OF THE TOTAL PROJECT COST. TOTAL PROJECT COST (after removal of TDC $1 OK exclusion for travel and shipping) IS $5%,324. Removal of $10K from TDC side of budget removes a total of $20,000 from the total original budget (difference is 2x due to matching component) reducing the effective worldng budget to $586,324 of which $293,162 (501/6) is TDC funds. THEREFORE, MAXIMUM ALLOWABLE IN KIND IS $146,581. Estimates for Division of Services are as Follows: $ Based Exhibit on % of In -Kind Principals Outside Development: Total _�. Con=u. MOMTTS Expertise (Multiple)(1) Interpretative Exhibit Structures 36,850 (.1) 331,650 (.9) ) 14 000 (.4) 132,581 10,000 12,850 Audio Tour 23.150 (Separate) (A) 0 20,000 179,069 Totals: 391,650 _ 146,581 30_000 23l50 215, NOTES: 1.) Many parts of an Exhibit are purchased in small quantities — i.e., 2 cases, or 4 Pedestals, graphics for one gallery or display, etc. The "Outside Expertise" segment is 2for obtaining objects that would no. It is rurally be used in � Exhibit. construction of an Ex. 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 allocated to Exhn'bit Structures. file:tdc -valuing inkind — travel ship removed — 11.14.03 Page 8 of 8 Dee 18 03 02:06p 305-GS4-0847 p.2 i 0 19.96 Edition MONROJ: COUNTY, FLORIDA Request For Waiver of Invuranee Requirements It is requested that the insur;ince requirements, as specilird in the County..; Schedule of Insurance Requirements, he waived or modified on the following contract. Contractor: rL Contract for. 6' ck S t A Addrecc ol•Contractor: P d YI v X 57 T'�1Av�yrPr,� �t`L 3"30�6 Phone: -7$j 014 U rzer•.'. Sco of W PQ ors• C,-4vc lvaC -u+•Je Id'P-d mcy,% 41 T "' ar # ri.s .d A, bI1Mn�.Na t � i I .e aiY �1 ew i ,..1 &v r*4l r w s.i.rw. by 6' s as cje t or. b � ,.: er K4-;/ b : r Reason for Waiver: Q .,v N-a Policies Waiver will e' apply to:y. c1441r ,a . wit «- •r..S GpfyIh Pre94e..T.v4r1 pray.!_- .., Signature or Contractor: Approved Risk Management: Date: - 1.2 /( Y/U County Administrator Appeal: Approved Not Approved Date: Board or county Commissioners Appeal: Approved Not Approved Meeting Date: Administration Instruction 04709.2 11 ►M) q, r+ a -w- Dec 10 03 02:06p 305-664-0047 p.1 1"6 Fditi in MONROF COUNTY, FLOWDA Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as speciticd in the County's Schedule of Inyurancc Requirententq, be waived or modified on the following contract. Contractor: Contract tor: C r' C(+ S K- 1')'1�1`�.r- t•a _ Address of Contractor: 3v Y,^ rjaA n^o rer 3 3o 3 6 Phone: 3vs—6 Y-a.7R-N Z 309--91, 4- o 19 o Te...,P . Scope of Work: .,Ci �,.�.e( ar yos-4 r " .ry 5�.•� o..d e�,�,. f o - —abldcli�tpryyoJ�ary wA11•r+1gW i 'r, .% c6 r . N�� A'a 4 brrfl�rda�s .Li••-'twoyl 4d A e— wwrel •W st,�rll / iM✓�► tic, S `Qj&ej 'A 0--kAmr4, _ Reason for Waiver: ND Policies Waiver will apply to: ork -Cs cow.1p we t•0.ro .- 3 a Tke ni.o,d d,* r TMO-4 r+sporrStbi 1'.114%pr l.NS+Ki'j9 Tk*T- &It 6--Ab cvr..rrra,eTaKS (phb-s: cony wr rk•r ae evO�A-,e ree,r:re-1 eev4%e C rj Signature of Contractor: Risk Managemet Date: /e�// O 3 County Administrator Appeal: Approved Not Approved Date: Board of County Commi vioners Appeal: Approved Not Approved Meeting Date: Administration Instruction 44709.2 Q. Kw tY.,.e `y cT„(- AC[_FsD„ CERTIFICA' LIABILITY INSURAN = CSR SG DATE(MM/DD/YYYY) - _'OF THEFL-1 01/27/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE The Johnsons Insurance Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 89015 Overseas Highway ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Tavernier FL 33070 Phone : 305-852-9247 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Scottsdale Insurance Co. INSURER B: The Florida Keys History. of Diving Museum Inc INSURER C: 82990 Overseas Hwwyy INSURERD: Islamorada FL 33036 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDDIYY POLICY EXPIRATION DATE (MM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 500,000 A X X COMMERCIALGENERAL LIABILITY CLS0983445 01/21/04 01/21/05 PREMISES(Ea occurence) $50,000 CLAIMS MADE a OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $500r000 GENERAL AGGREGATE $ 500 , 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 500,000 POLICY PRO LOC JECT AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ A0nmPh\ S C MAN EMENT GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO BY t r OTHER THAN EA ACC $ $ l AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY OCCUR CLAIMS MADE WAIVER NIA -^ YE EACH OCCURRENCE $ AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND TORY LIATUMITS ER EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ OFFICERIMEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Not for Profit Museum ****** THIS IS A TRUE AND CERTIFIED COPY OF THE ORIGINAL CERTIFICATE OF INSURANCE***** CERTIFICATE HOLDER IS ADDITIONALLY INSURED CERTIFICATE HOLDER CANCELLATION MONRO2 3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS.WRITTEN Monroe County Board of County NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Commission IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 1100 Simonton Street Key West FL 33040 REPRESENTATIVES. AUTHORIZED ENTATI _ The JohITsons Insurance A en P':, / ACORD 25 (2001/08) =�= c l�R/���IQ��� EXI -' July TROY FAIN 2007 �.,�. EON DEDTHRUTROYFARJINSURANCE,IN