Item D1 D.1
County �� � .�� �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
�a� Mayor Michelle Coldiron,District 2
Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
June 16, 2021
Agenda Item Number: D.1
Agenda Item Summary #3293
BULK ITEM: Yes DEPARTMENT: Tourist Development Council
TIME APPROXIMATE: STAFF CONTACT: Ammie Machan (305) 296-1552
N/A
AGENDA ITEM WORDING: Approval of an Agreement with 3406 North Roosevelt Boulevard
Corporation d/b/a Visit Florida Keys for the provision of services for operating an executive office
for tourism promotion by Monroe County Code Section 23-199(d) and (e)
ITEM BACKGROUND: Visit Florida Keys approved same at their meeting of April 27, 2021
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
New Agreement
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Corporatoin Agreement and Line Item Numbers
FINANCIAL IMPACT:
Effective Date: October 1, 2021
Expiration Date: September 30, 2026
Total Dollar Value of Contract:
Total Cost to County: No Cost to County
Current Year Portion: $1,819,003
Budgeted: Yes
Source of Funds: TDC
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Packet Pg.912
D.1
Revenue Producing: No If yes, amount:
Grant:
County Match:
Insurance Required: Yes —Insurance check list attached
Additional Details:
See attaced list of Line Item Numbers
REVIEWED BY:
Maxine Pacini Completed 05/24/2021 10:05 AM
Christine Limbert Completed 05/24/2021 1:12 PM
Purchasing Completed 05/24/2021 1:13 PM
Budget and Finance Completed 05/28/2021 3:29 PM
Maria Slavik Completed 05/28/2021 3:30 PM
Liz Yongue Completed 06/01/2021 9:56 AM
Board of County Commissioners Pending 06/16/2021 9:00 AM
Packet Pg.913
CORPORATION CONTRACT LINE ITEM NUMBERS
115 75035 530340 T215E30X 530340
115 75035 530340 T215G25X 530300
116 76007 530340 T216063X 530340
116 76065 530340 T216G81X 530340
117 77003 530340 T217A63X 530340
118 78003 530340 T218A63X 530340
119 79003 530340 T219A63X 530340
120 70003 530340 T21OA63X 530340
121 71003 530340 T211A63X 530340
AGREEMENT FOR EXECUTIVE OFFICE SERVICES
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
THIS AGREEMENT (Agreement), made and entered into this this day of
2021„ A.D., by and between Monroe County, Florida, (hereinafter called
the County), and the 3406 North Roosevelt Boulevard Corporation d/b/a Visit Florida Keys
(Provider), a corporation incorporated in the State of Florida (hereinafter called the
Provider).
WITNESSETH:
WHEREAS, the County is authorized to contract for the provision of services for
operating an executive office for the tourist development council and tourism promotion
in accordance with Monroe County Code Sections 23-199(d) and (e), and
WHEREAS, Provider was created for the purpose of continuity in the provision of
said services; and
WHEREAS, Provider has satisfactorily provided such services for twenty-nine
years; and
NOW THEREFORE, in consideration of the mutual covenants contained herein,
the parties agree as follows:
1. Term: The term of this Agreement is for a period of five (5) years beginning
October 1, 2021 and expiring on September 30, 2026, The County shall have an option
to extend the Agreement for one additional five (5) year period beyond the initial award
period, upon agreement of both parties.
2. Scope of Services- The Provider shall provide the work plan and services
described in detail in Exhibit A, attached hereto and incorporated herein by reference.
The Provider shall provide competent personnel necessary to perform this Agreement
and shall be wholly responsible for the successful completion of services required under
this Agreement.
3. Compensation:
A) County shall pay from tourist development tax funds, an amount not to exceed One
Million, Eight Hundred and Nineteen Thousand, and Three Dollars ($1,819,003)
for the contract year ending September 30, 2022. For each of the remaining years,
under the Agreement, County shall pay from tourist development tax funds such
amounts as are established within the TDC budget approved by the County prior
to each fiscal year. The budget for period ending September 30, 2022 is attached
hereto as Exhibit B and incorporated herein. Payment is contingent upon an annual
appropriation by the Board of County Commissioners of Monroe County,
3406 North Roosevelt Boulevard Corporation Agreement 2021
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B) Payment shall be made as follows:
1) Provider shall submit monthly, to the County's finance office, an estimate of
payroll and related costs, as well as insurance and related necessary
corporate costs to be paid during the following month. The submitted
documentation shall include an accounting for the monies advanced
previously for the payroll costs. Payment for the following month's payroll
cost will be remitted to Provider in advance for the corporate employee pay
dates provided the request for advance with necessary documentation has
been submitted to County's finance department in a timely manner prior to
said pay date.
2) Provider shall be reimbursed for all reasonable & permissible corporate
expenditures reimbursable under County's guidelines and policies as
applied to the 3406 North Roosevelt Boulevard Corporation. Provider may
submit bills for reimbursable expenditures to the County's finance office to
be paid directly from County to any payee entitled to said reimbursement.
Supporting documentation shall be provided that is acceptable to the Clerk
based on generally accepted accounting principles and such laws, rules and
regulations as may govern the Clerk's disbursal of funds.
4. Personnel/Principals:
A) The Provider acknowledges that a major reason for its selection by the County to
perform the services described in this Agreement is the qualification and
experience of the principal personnel and board of directors of Provider. The
Provider therefore agrees that the directors and officers shall be primarily
responsible for the performance of this Agreement.
B) The Provider may employ such personnel as are necessary to provide the
services subject to availability of funding by County. The Provider may establish
employee contracts for the principal personnel needed to provide the services.
Provider agrees to provide documentation or evidence of the actual amounts of
time expended by its personnel upon request from County.
C) Directors and Officers of the Provider are the same individuals who have been
appointed by County as TDC members.
5. Offices: County shall provide in addition to the sum in paragraph 3(A) such
premises, equipment and supplies as are required for the day-to-day operation of the
executive office pursuant to County policy and guidelines. As of the commencement of
this Agreement, said premises, equipment and existing supplies are located at 1201
White Street, Suite 102, Key West, Florida. All additional procurement for use by the
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executive office shall comply with all statutes, ordinances, rules and regulations governing
such procurement by the County.
6. Independent Provider Relationship: The Provider is and shall be, in the
performance of all works, services, and activities under this Agreement, an independent
Provider and not an employee, agent or servant of the County. The Provider shall
exercise control, direction, and supervision over the means, manner and personnel in
which it and its employees perform the work. In all respects, the Provider's relationship
and the relationship of its employees to the County shall be that of an independent
Provider and not as employees or agents of the County. Moreover, the Provider shall
have no authority whatsoever to act on behalf and/or as agent for the County in any
promise, agreement, or representation other than specifically provided for in this
Agreement, The County shall at no time be legally responsible for any negligence on the
part of Provider, its employees or agents, resulting in either bodily or personal injury or
property damage to any individual, Provider or corporation.
7. Provider's Acceptance of Conditions: The Provider hereby agrees to carefully
examine the Scope of Services and assumes full responsibility. Under no circumstances,
conditions or situations shall this Agreement be more strongly construed against the
County than against the Provider.
A) Any ambiguity or uncertainty in the Scope of Services shall be interpreted and
construed by the County, and the County's decision shall be final and binding upon
all parties.
13) The passing, approval and/or acceptance by the County of any of the services
furnished by the Provider shall not operate as a waiver by the County of strict
compliance with the terms of this Agreement. Failure on the part of the Provider,
immediately after Notice to Correct a default, shall entitle the County, if it sees fit,
to correct the same and recover the reasonable cost of such replacement and/or
repair from the Provider, who in any event shall be jointly and severely liable to
the County for all damage, loss and expense caused to the County by reason of
the Provider's breach of this Agreement and/or his failure to comply strictly and in
all things with this Agreement and with the specifications.
C) The Provider agrees that the TDC may designate representatives to visit the
Provider's facility(ies) periodically to conduct random open file evaluations during
the Provider's normal business hours.
D) The Provider warrants that it has, and shall maintain throughout the term of this
Agreement, appropriate licenses and permits required to conduct its business, and
that it will at all times conduct its business activities in a reputable manner. Proof
of such licenses and permits shall be submitted to the County upon request.
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8. Provider's Maintenance of Records and,Right to Audit: Provider shall maintain all
books, records and documents directly pertinent to performance under this Agreement in
accordance with generally accepted accounting principles consistently applied. Records
shall be retained for a period of 10 years from termination of this agreement. Each party
to this Agreement or their authorized representatives shall have reasonable and timely
access to such records of each other party to this Agreement for public records purposes
during the term of the Agreement and for four years following the termination of this
Agreement. If an auditor employed by the County or Clerk determines that monies paid
to the Provider pursuant to this Agreement were spent for purposes not authorized by
this Agreement, the Provider shall repay the monies together with interest calculated
pursuant to Sec. 55.03, Florida Statute, running from the date the monies were paid to
Provider.
Right to Audit
Availability of Records. The records of the parties to this Agreement relating to the Scope
of Services/Project, which shall include but not be limited to accounting records (hard
copy, as well as computer readable data if it can be made available; subcontract files
(including proposals of successful and unsuccessful bidders, bid recaps, bidding
instructions, bidders list, etc.); original estimates; estimating work sheets-,
correspondence, change order files (including documentation covering negotiated
settlements), backcharge logs and supporting documentation-, general ledger entries
detailing cash and trade discounts earned, insurance rebates and dividends; any other
supporting evidence deemed necessary by County or the Monroe County Office of the
Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate
charges related to this agreement, and all other agreements, sources of information and
matters that may in County's orthe County Clerk's reasonable judgment have any bearing
on or pertain to any matters, rights, duties or obligations under or covered by any contract
document (all foregoing hereinafter referred to as "Records") shall be open to inspection
and subject to audit and/or reproduction by County's representative and/or agents or the
County Clerk. County or County Clerk may also conduct verifications such as, but not
limited to, counting employees at the job site, witnessing the distribution of payroll,
verifying payroll computations, overhead computations, observing vendor and supplier
payments, miscellaneous allocations, special charges, verifying information and amounts
through interviews and written confirmations with employees, Subcontractors, suppliers,
and Provider's representatives. All records shall be kept for ten (10) years after Final
Completion of the Scope of Services/Project. The County Clerk possesses the
independent authority to conduct an audit of Records, assets, and activities relating to
this Scope of Services/Project. If any auditor employed by the Monroe County or County
Clerk determines that monies paid to Provider pursuant to this Agreement were spent for
purposes not authorized by this Agreement, the Provider shall repay the monies together
with interest calculated pursuant to Section 55.03, F.S., running form the date the monies
were paid to Provider. The right to audit provisions survives the termination of expiration
of this Agreement.
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9. Public Records Compliance: Provider must comply with Florida public records
laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I
of the Constitution of Florida. The County and Provider shall allow and permit reasonable
access to, and inspection of, all documents, records, papers, letters or other "public
record" materials in its possession or under its control subject to the provisions of Chapter
119, Florida Statutes, and made or received by the County and Provider in conjunction
with this contract and related to contract performance. The County shall have the right to
unilaterally cancel this contract upon violation of this provision by the Provider. Failure of
the Provider to abide by the terms of this provision shall be deemed a material breach of
this contract and the County may enforce the terms of this provision in the form of a court
proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorneys
fees and costs associated with that proceeding. This provision shall survive any
termination or expiration of the contract.
The Provider is encouraged to consult with its advisors about Florida Public Records Law
in order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Provider is
required to:
(1) Keep and maintain public records that would be required by the County to perform
the service.
(2) Upon receipt from the County's custodian of records, provide the County with a copy
of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in this chapter or as
otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the Provider does
not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public records
in possession of the Provider or keep and maintain public records that would be required
by the County to perform the service. If the Provider transfers all public records to the
County upon completion of the contract, the Provider shall destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure
requirements. If the Provider keeps and maintains public records upon completion of the
contract, the Provider shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to the County, upon request from the
County's custodian of records, in a format that is compatible with the information
technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be
made directly to the County, but if the County does not possess the requested records,
the County shall immediately notify the Provider of the request, and the Provider must
provide the records to the County or allow the records to be inspected or copied within a
reasonable time.
If the Provider does not comply with the County's request for records, the County shall
enforce the public records contract provisions in accordance with the contract,
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notwithstanding the County's option and right to unilaterally cancel this contract upon
violation of this provision by the Provider. A Provider who fails to provide the public
records to the County or pursuant to a valid public records request within a reasonable
time may be subject to penalties under section 119.10, Florida Statutes.
The Provider shall not transfer custody, release, alter, destroy or otherwise dispose of
any public records unless or otherwise provided in this provision or as otherwise provided
by law.
IF THE PROVIDER HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119,FLORIDA STATUTES, TO THE PROVIDER'S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY
AT PHONE# 305-292-3470 BRADLEY-BRIAN(&,MONROECOUNTY-
FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12 TH Street,
SUITE 408, KEY WEST, FL 33040.
10. Hold Harmless: The Provider covenants and agrees to indemnify and hold
harmless the County and the TDC from any and all claims for bodily injury (including
death), personal injury and property damage (including property owned by Monroe
County) and any other losses, damages and expenses (including attorney's fees) which
arise out of, in connection with, or by reason of services provided by the Provider or any
of its subcontractors in any tier, occasioned by the negligence, errors or other wrongful
act of omission of the Provider or its subcontractors in any tier, their employees or agents.
11, Independent Provider: At all times and for all purposes under this Agreement the
Provider is an Independent Provider and not an employee of the County. No statement
contained in this Agreement shall be construed so as to find the Provider or any of his
employees, Providers, servants or agents to be employees of the County.
12. Nondiscrimination: County and Provider agree that there will be no discrimination
against any person, and it is expressly understood that upon a determination by a court
of competent jurisdiction that discrimination has occurred, this Agreement automatically
terminates without any further action on the part of any party, effective the date of the
court order. County or Provider agree to comply with all Federal and Florida statutes,
and all local ordinances, as applicable, relating to nondiscrimination. These include but
are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits
discrimination on the basis of race, color or national origin, 2) Title IX of the Education
Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which
prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of
1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps, 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107)
which prohibits discrimination on the basis of age-, 5) The Drug Abuse Office and
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Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the
basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism-, 7) The Public Health
Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil
Rights Act of 1968 (42 USC ss. 3601 et seq.), as amended, relating to nondiscrimination
in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990
(42 USC s. 12101 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article
11, which prohibits discrimination on the basis of race, color, sex, religion, national origin,
ancestry, sexual orientation, gender identity or expression, familial status or age, 11) any
other nondiscrimination provisions in any Federal or state statutes which may apply to the
parties to, or the subject matter of, this Agreement.
13. Assignment/Subcontract: The Provider shall not assign or subcontract its
obligations under this Agreement, except in writing and with the prior written approval of
the County and Provider, which approval shall be subject to such conditions and
provisions as the County may deem necessary. This paragraph shall be incorporated by
reference into any assignment or subcontract and any assignee or subcontractor shall
comply with all of the provisions of this Agreement.
14. Compliance with Law- In providing all services/goods pursuant to this Agreement,
the Provider shall abide by all statutes, ordinances, rules and regulations pertaining to, or
regulating the provisions of, such services, including those now in effect and hereinafter
adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute
a material breach of this Agreement and shall entitle the County to terminate this
Agreement immediately upon delivery of written notice of termination to the Provider. The
Provider shall possess proper licenses to perform work in accordance with these
specifications throughout the term of this Agreement. Provider shall comply with all laws,
including but not limited to the following, as they shall be amended from time to time: The
National Environmental Policy Act of 1969 (42 U.S.C. s. 4321 et seq.) and 24 C.F.R. Part
59; Executive Order 11988, Floodplain Management; Executive Order 11990, Protection
of Wetlands; The Endangered Species Act of 1973„ as amended (16 U.S.C. s. 1531 et
seq.); The Fish and Wildlife Coordination Act of 1958, as amended, (16 U.S.C. s. 661 et
seq.)- The Wild and Scenic Rivers Act of 1968, as amended, (16 U.S.C. s. 1271 et seq.);
The Safe Drinking Water Act of 1974, as amended (42 U.S.C. s. 300f et seq.); Section
401 (f) of the Lead-Based Paint Poisoning Prevention Act, as amended (42 U.S.C. s.
4831 (b) et seq.); The Clean Air Act of 1970, as amended (42 U.S.C. s. 7401 et seq.);
The Federal Water Pollution Control Act of 1072, as amended (33 U.S.C. s. 1251 et seq.);
The Clean Water Act of 1977 (Public Law 95-217); The Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act of 1975 (42 U.S.C. S. 6901
et seq.); Noise Abatement and Control: Departmental Policy Implementation
Responsibilities, and Standards, 24 C.F.R. Part 52, Subpart B; Flood Disaster Protection
Act of 1973, P.L. 93-234; Protection of Historic and Cultural Properties under HUD
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Programs, 24 C.F.R. Part 59; Coastal Zone Management Act of 1972, P.L. 92-583;
Executive Order 11593, "Protection and Enhancement of the Cultural Environment";
Architectural and Construction Standards; Architectural Barriers Act of 1968, 42 U.S.C.
4151; Executive Order 11296, relating to evaluation of flood hazards, Executive Order
11288, relating to the prevention, control and abatement of water pollution; Cost-Effective
Energy Conservation Standards, 24 C.F.R Part 39; Section 8 Existing Housing Quality
Standards, 24 C.F.R. Part 882; Section 319 of Public Law 101-121, as provided in the
"Government wide Guidance for New Restrictions on Lobbying; Interim Final Guidance"
published in the December 20, 1989 Federal Register, which prohibits recipients of
federal contracts or grants from using appropriated funds for lobbying in connection with
a grant or contract, and requires that each which requests or receives a federal contract
or grant, and their sub-recipients, disclose lobbying undertaken with non-federal funds
(See attachment D), and Executive Order No. 11246 of September.
15. Disclosure and Conflict of Interest: The Provider represents that it, its directors,
principles and employees, presently have no interest and shall acquire no interest, either
direct or indirect, which would conflict in any manner with the performance of services
required by this Agreement, as provided in Sect, 112.311, et seq., Florida Statutes.
County agrees that officers and employees of the County recognize and will be required
to comply with the standards of conduct for public officers and employees as delineated
in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or
acceptance of gifts; doing business with one's agency, unauthorized compensation;
misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
Upon execution of this Agreement, and thereafter as changes may require, the Provider
shall notify the County of any financial interest it may have in any and all programs in
Monroe County which the Provider sponsors, endorses, recommends, supervises or
requires for counseling, assistance, evaluation or treatment. This provision shall apply
whether or not such program is required by statute, as a condition of probation, or is
provided on a voluntary basis.
The County and Provider warrant that, in respect to itself, it has neither employed nor
retained any company or person, other than a bona fide employee working solely for it,
to solicit or secure this Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual or Provider, other than a bona fide employee working
solely for it, any fee, commission, percentage, gift or other consideration contingent upon
or resulting from the award or making of this Agreement. For the breach or violation of
the provision, the Provider agrees that the County shall have the right to terminate this
Agreement without liability and, at its discretion, to offset from monies owed, or otherwise
recover the full amount of such fee, commission, percentage, gift or consideration.
16. Arrears: The Provider shall not pledge the County's creditor make it a guarantor
of payment or surety for any agreement, debt, obligation, judgment, lien or any form of
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indebtedness. The Provider further warrants and represents that it has no obligation or
indebtedness that would impair its ability to fulfill the terms of this Agreement.
17. Notice Requirement: Any notice required or permitted under this Agreement shall
be in writing and hand delivered or mailed, postage prepaid, to the other party by certified
mail, return receipt requested, to the following:
FOR TDC: TDC Director
3406 N. Roosevelt Blvd Corporation d/b/a Visit
Florida Keys
1201 White Street#102
Key West, FIL 33040
FOR COUNTY: Roman Gastesi
County Administrator
1100 Simonton Street
Key West, FL 33040
And
Christine Limbert-Barrows,
Assistant County Attorney
PO Box 1026
Key West, FL 33041-1026
18. Taxes: The County is exempt from payment of Florida State Sales and Use taxes.
The Provider shall not be exempted by virtue of the County's exemption from paying
sales tax to its suppliers for materials used to fulfill its obligations under this Agreement,
nor is the Provider authorized to use the County's Tax Exemption Number in securing
such materials. The Provider shall be responsible for any and all taxes, or payments of
withholding, related to services rendered under this Agreement.
19. Termination:
A) Termination of this Agreement shall occur at the natural ending date or if the
source of funds is exhausted, eliminated, or should otherwise cease for any
reason.
B) In addition, the County may terminate at any time, with or without cause,
1) "For cause" is defined as a breach of one of the covenants of the
Agreement. In the event that the County terminates for cause,
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termination shall be effective immediately upon notice as given in
accordance with paragraph 17 of this Agreement.
2) In the event that the County terminates without cause, the
termination shall not take effect until at least one hundred and twenty
(120) days subsequent to written notice to the Provider given in
accordance with paragraph 17 of this Agreement.
3) The County shall not be obligated to pay for any services or
expenses incurred after the effective date of termination, except for
those services incurred to terminate the corporate existence and to
file returns and reports required either by the County or by other
governmental agencies.
C) In the event that funds are partially reduced, the parties hereto shall negotiate
the terms of this Agreement. If no agreement can be reached within sixty (60)
days of notice of reduction of funds, this Agreement may be terminated at the
County's option upon written notification to the Provider.
D) For Contracts of any amount, if the County determines that the
Contractor/Consultant has submitted a false certification under Section
287.135(5), Florida Statutes or has been placed on the Scrutinized Companies
that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have
the option of (1) terminating the Agreement after it has given the
Contractor/Consultant written notice and an opportunity to demonstrate the
agency's determination of false certification was in error pursuant to Section
287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the
conditions of Section 287,135(4), Florida Statutes, are met.
E) For Contracts of $1,000,000 or more, if the County determines that the
Contractor/Consultant submitted a false certification under Section 287,135(5),
Florida Statutes, or if the Contractor/Consultant has been placed on the
Scrutinized Companies with Activities in the Sudan List, the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or been
engaged in business operations in Cuba or Syria, the County shall have the
option of (1) terminating the Agreement after it has given the
Contractor/Consultant written notice and an opportunity to demonstrate the
agency's determination of false certification was in error pursuant to Section
287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the
conditions of Section 287.135(4), Florida Statutes, are met.
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20. Governing Law, Venue, Interpretation, Costs and Fees:
A) This Agreement shall be governed by and construed in accordance with the laws
of the State of Florida applicable to agreements made and to be performed entirely
in the State.
B) In the event that any cause of action or administrative proceeding is instituted for
the enforcement or interpretation of this Agreement, the County and Provider
agree that venue will lie in the appropriate court or before the appropriate
administrative body in Monroe County, Florida.
C) The County and Provider agree that, in the event of conflicting interpretations of
the terms or a term of this Agreement by or between any of them, the issue shall
be submitted to mediation prior to the institution of any other administrative or legal
proceeding.
D) Severability. If any term, covenant, condition or provision of this Agreement (or
the application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining
terms, covenants, conditions and provisions of this Agreement, shall not be
affected thereby; and each remaining term, covenant, condition and provision of
this Agreement shall be valid and shall be enforceable to the fullest extent
permitted by law unless the enforcement of the remaining terms, covenants,
conditions and provisions of this Agreement would prevent the accomplishment of
the original intent of this Agreement. The County and Provider agree to reform
the Agreement to replace any stricken provision with a valid provision that comes
as close as possible to the intent of the stricken provision.
E) Attorney's Fees and Costs. The County and Provider agree that in the event any
cause of action or administrative proceeding is initiated or defended by any party
relative to the enforcement or interpretation of this Agreement, the prevailing party
shall be entitled to reasonable attorney's fees, court costs, investigative and out-
of-pocket expenses, as an award against the non-prevailing party, and shall
include attorney's fees, courts costs, investigative and out-of-pocket expenses in
appellate proceedings. Mediation proceedings initiated and conducted pursuant
to this Agreement shall be in accordance with the Florida Rules of Civil Procedure
and usual and customary procedures required by the circuit court of Monroe
County.
F) Adjudication of Disputes or Disagreements. County and Provider agree that all
disputes and disagreements shall be attempted to be resolved by Meet and Confer
Sessions between representatives of each of the parties. If the issue or issues
are still not resolved to the satisfaction of the parties, then any party shall have the
right to seek such relief or remedy as may be provided by this Agreement or by
Florida law.
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G) Cooperation. In the event any administrative or legal proceeding is instituted
against either party relating to the formation, execution, performance or breach of
this Agreement, County and Provider agree to participate, to the extent required
by the other party, in all proceedings, hearings, processes, meetings and other
activities related to the substance of this Agreement or provision of the services
under this Agreement. County and Provider specifically agree that no party to this
Agreement shall be required to enter into any arbitration proceedings related to
this Agreement.
21. Binding Effect. The terms, covenants, conditions and provisions of this Agreement
shall bind and inure to the benefit of the County and Provider and their respective legal
representatives, successors and assigns.
22, Authority: Each party represents and warrants to the other that the execution,
delivery and performance of this Agreement have been duly authorized by all necessary
County and corporate action, as required by law.
23. Claims for Federal or State Aid: Provider and County agree that each shall be,
and is, empowered to apply for, seek and obtain Federal and State funds to further the
purpose of this Agreement; provided that all applications, requests, grant proposals and
funding solicitations are not for funding already provided under this Agreement. Any
conditions imposed as a result of funding that effects this Agreement will be provided to
each party.
24. Privileges and Immunities: All of the privileges and immunities from liability,
exemptions from laws, ordinances and rules, and pensions and relief, disability, workers'
compensation and other benefits which apply to the activity of officers, agents or
employees of any public agents or employees of the County, when performing their
respective functions under this Agreement within the territorial limits of the County shall
apply to the same degree and extent to the performance of such functions and duties of
such officers, agents, volunteers or employees outside the territorial limits of the County.
25. Legal Obligations and Responsibilities: Non-Delegation of Constitutional or
Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving
any participating entity from any obligation or responsibility imposed upon the entity by
law except to the extent of actual and timely performance thereof by any participating
entity, in which case the performance may be offered in satisfaction of the obligation or
responsibility. Further, this Agreement is not intended to, nor shall it be construed as,
authorizing the delegation of the constitutional or statutory duties of the County, except
to the extent permitted by the Florida constitution, state statute and case law.
26. Non-Reliance by Non-Parties- No person or entity shall be entitled to rely upon
the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-
party claim or entitlement to or benefit of any service or program contemplated
3406 North Roosevelt Boulevard Corporation Agreement 2021
12
hereunder, and the County and the Provider agree that neither the County nor the
Provider or any agent, officer or employee of either shall have the authority to inform,
counsel or otherwise indicate that any particular individual or group of individuals, entity
or entities, have entitlements or benefits under this Agreement separate and apart,
inferior to, or superior to the community in general or for the purposes contemplated in
this Agreement.
27. Attestations: Provider agrees to execute such documents as the County may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, a
Drug-Free Workplace Statement and Vendor Certification regarding Scrutinized
Companies Lists.
28. No Personal Liability: No covenant or agreement contained herein shall be
deemed to be a covenant or agreement of any member, officer, agent or employee of
Monroe County in his or her individual capacity, and no member, officer, agent or
employee of Monroe County shall be liable personally on this Agreement or be subject
to any personal liability or accountability by reason of the execution of this Agreement.
29. Insurance: The Provider shall maintain the following required insurance
throughout the entire term of this Agreement and any extensions. Failure to comply with
this provision may result in the immediate suspension of all work until the required
insurance has been reinstated or replaced. Delays in the completion of work resulting
from the failure of the Provider to maintain the required insurance shall not extend any
deadlines specified in this Agreement and any penalties and failure to perform
assessments shall be imposed as if the work had not been suspended, except for
Provider's failure to maintain the required insurance.
The Provider shall provide, to the County, as satisfactory evidence of the required
insurance, either:
* Certificate of Insurance
OR
* A Certified copy of the actual insurance policy
The County, at its sole option, has the right to request a certified copy of any or all
insurance policies required by this Agreement. All Insurance policies must specify that
they have a thirty (30) day notice of cancellation, non-renewal, material change in policy
language or reduction in coverage. The acceptance and/or approval of the Provider's
insurance shall not be construed as relieving the Provider from any liability or obligation
assumed under this Agreement or imposed by law. The Monroe County BOCC, its
employees and officials shall be included as an "Additional Insured" on all insurance
policies, except for Workers' Compensation, as their interests may appear in all policies
issued to satisfy these requirements.
3406 North Roosevelt Boulevard Corporation Agreement 2021
13
Any deviations from these General Insurance Requirements must be requested in writing
on the County prepared form entitled "Request for Waiver of Insurance Requirements".
Any deviation must be approved in writing by Monroe County Risk Management.
A). Prior to the commencement of work governed by this contract, the Contractor will
obtain Workers' Compensation Insurance with limits sufficient to respond to applicable
Workers' Compensation state statutes and the requirements of Chapter 440, Florida
Statutes.
In addition, the Contractor will obtain Employers' Liability Insurance with limits of not less
than:
$500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$500,000 Bodily Injury by Disease, each employee
Coverage will be maintained throughout the entire term of the contract.
Coverage will be provided by a company or companies authorized to transact business
in the state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an
authorized self-insurer, the County may recognize and honor the Contractor's status. The
Contractor may be required to submit a Letter of Authorization issued by the Department
of Labor and a Certificate of Insurance, providing details on the Contractor's Excess
Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be
required. In addition, the Contractor may be required to submit updated financial
statements from the fund upon the request of the County.
B). Prior to the commencement of work governed by this contract, the Contractor will
obtain Commercial General Liability Insurance. Coverage will be maintained throughout
the life of the contract and include, as a minimum'.
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability
• Personal Injury Liability
The minimum limits acceptable is:
$1,000,000 Combined Single Limit (CSL)
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made
policy, its provisions should include coverage for claims filed on or after the effective
3406 North Roosevelt Boulevard Corporation Agreement 2021
14
date of this contract. In addition, the period for which claims may be reported should
extend for a minimum of twelve (12) months following the acceptance of work by the
County.
The Monroe County Board of County Commissioners will be named as Additional Insured
on all policies issued to satisfy the above requirements.
C). General Insurance Requirements for Other Contractors, Subcontractors and
Professional Services. As a pre-requisite of the work and services governed, or the
goods supplied under this contract (including the pre-staging of personnel and material),
the Contractor shall obtain, at his/her own expense, insurance as specified in any
attached schedules, which are made part of this contract. The Contractor will ensure
that the insurance obtained will extend protection to all Subcontractors engaged by the
Contractor. Alternatively, the Contractor may require all Subcontractors to obtain
insurance consistent with the attached schedules.
The Contractor will not be permitted to commence work governed by this contract
(including pre- staging of personnel and material) until satisfactory evidence of the
required insurance has been furnished to the County as specified below. Delays in the
commencement of work, resulting from the failure of the Contractor to provide
satisfactory evidence of the required insurance, shall not extend deadlines specified
in this contract and any penalties and failure to perform assessments shall be imposed
as if the work commenced on the specified date and time, except for the Contractor's
failure to provide satisfactory evidence.
The Contractor shall maintain the required insurance throughout the entire term of this
contract and any extensions specified in the attached schedules. Failure to comply with
this provision may result in the immediate suspension of all work until the required
insurance has been reinstated or replaced. Delays in the completion of work resulting
from the failure of the Contractor to maintain the required insurance shall not extend
deadlines specified in this contract and any penalties and failure to perform
assessments shall be imposed as if the work had not been suspended, except for the
Contractor's failure to maintain the required insurance.
The Contractor will be held responsible for all deductibles and self-insured retentions
that may be contained in the Contractor's Insurance policies.
The Contractor shall provide, to the County, as satisfactory evidence of the required
insurance, either-
0 Certificate of Insurance
OR
• A Certified copy of the actual insurance policy.
3406 North Roosevelt Boulevard Corporation Agreement 2021
15
The County, at its sole option, has the right to request a certified copy of any or all
insurance policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non-renewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior
notification is given to the County by the insurer.
The acceptance and/or approval of the Contractor's insurance shall not be construed
as relieving the Contractor from any liability or obligation assumed under this contract or
imposed by law,
The Monroe County Board of County Commissioners, its employees and officials will be
included as 'Additional Insured" on all policies, except for Workers' Compensation,
Any deviations from these General Insurance Requirements must be requested in
writing on the County prepared form entitled 'Request for Waiver of Insurance
Requirements" and approved by Monroe County Risk Management Department.
30. Uncontrollable Circumstances: Any delay or failure of either Party to per-form its
obligations under this Agreement will be excused to the extent that the delay or failure
was caused directly by an event beyond such Party's control, without such Party's fault
or negligence and that by its nature could not have been foreseen by such Party or, if it
could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake,
explosion, tropical storm, hurricane or other declared emergency in the geographic area
of the Scope of Services/Project; (c) war, invasion, hostilities (whether war is declared or
not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Scope
of Services/Project, (d) government order or law in the geographic area of the Scope of
Services/Project; (e) actions, embargoes, or blockades in effect on or after the date of
this Agreement; (f) action by any governmental authority prohibiting work in the
geographic area of the Scope of Services/Project;(each, a "Uncontrollable
Circumstance"). PROVI DER'S financial inability to perform, changes in cost or availability
of materials, components, or services, market conditions, or supplier actions or contract
disputes will not excuse performance by Provider under this Section. Provider shall give
County written notice within 7 days of any event or circumstance that is reasonably likely
to result in an Uncontrollable Circumstance, and the anticipated duration of such
Uncontrollable Circumstance. Provider shall use all diligent efforts to end
the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable
Circumstance are minimized and resume full performance under this Agreement. The
County will not pay additional cost as a result of an Uncontrollable Circumstance,
31. Execution in Counterparts: This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken together
shall constitute one and the same instrument and any of the parties hereto may execute
this Agreement by signing any such counterpart.
3406 North Roosevelt Boulevard Corporation Agreement 2021
16
32, Section Headings: Section headings have been inserted in this Agreement as a
matter of convenience of reference only, and it is agreed that such section headings are
not a part of this Agreement and will not be used in the interpretation of any provision of
this Agreement.
33. E-Verify: Effective January 1, 2021: In accordance with F.S. 448.095, Contractor
shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the Contractor during the term of the
Contract and shall expressly require any subcontractors performing work or providing
services pursuant to the Contract to likewise utilize the U.S. Department of Homeland
Security's E-Verify system to verify the employment eligibility of all new employees hired
by the subcontractor during the Contract term.
3406 North Roosevelt Boulevard Corporation Agreement 2021
17
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
the day and year first above written.
(SEAL) Board of County Commissioners
Attest: Kevin Madolk, Clerk of Monroe County
As Deputy Clerk Mayor/Chairman
MONROE COUNTY ATTORNEY
'OPR VOASTOFOW:
CHRIS TINF LIMBERT�BARROWS
ASSISTANT COUNTY ATTORNEY
DATE... 512112-1-
(To be filled out by Provider)
3406 North Roosevelt Boulevard Corporation
By L't,�-
President
i VA -1(-"1 cn1227 1 Q—I
Print Name Date
AND TWO WITNESS
(2)
(2)
Pri t Name Print Name
Date: Lf 17--7 1 Date:
3406 North Roosevelt Boulevard Corporation Agreement 2021
18
EXHIBIT A
SCOPE OF SERVICES
1 Administration, supervision and maintenance of a full-time office located in Key
West, Florida, used exclusively for the promotion and marketing activities of the
Monroe County Tourist Development Council, an advisory board to the Board of
County Commissioners. Regular hours of business shall be from 9:00 a.m. to 5:00
p.m., Monday through Friday, excluding holidays observed by County. Provider
shall provide a full staff for executive services of TDC business and shall keep the
executive office open to the public and County during regular hours.
2. Implement the policies, procedures and programs established by the TDC under the
guidance of the governing board of the County and shall be in charge of the day-to-
day operations of those policies and programs.
3. Promote Monroe County tourism in domestic and international markets deploying
marketing efforts within authorized uses of revenue pursuant to Florida Statutes and
Monroe County ordinances.
4. Supervise all marketing, including advertising, public relations, sales, film
commission, website promotions and market research responsibilities for the TDC.
5, Develop and implement an annual marketing plan to be approved by TDC/BOCC.
6. Develop, present, and implement the annual TDC budget in accordance with Florida
Statutes, Monroe County ordinances and County procedures.
7. Prepare and maintain TDC documents, records and reports required by TDC and/or
County.
8. Maintain the existing policy and procedure operations manual, updated as required
by TDC and County directives, and adhere to its provisions.
9. Develop and coordinate agreements with any sub-Providers or agencies of record.
10. Place public notices required for all meetings of the Tourist Development Council,
District Advisory Committees, Umbrella Advisory Committees and all other
committees of the TDC. Prepare and deliver to committee members and designated
recipients the agenda packets for the meetings. Attend, record, and transcribe
minutes of all such public meetings.
11. Develop and coordinate appropriate requests for proposals/bids and agreements on
event and capital project funding, other authorized funding on behalf of the TDC and
Cou nty.
12. Assist the coordination and communication between and among the Advisory
Committees of the TDC.
13. Coordinate public notice of District Advisory Committee member vacancies, receipt
of applications, distribution to nomination committee and subsequent approval by
the TDC or County as applicable.
14. Maintain all appropriate insurances required by County and maintenance of
corporation fees and tax returns.
15. Produce an annual report for the TDC and the County.
3406 North Roosevelt Boulevard Corporation Agreement 2021
19
EXHIBIT B
CORPORATION BUDGET
Salaries & related costs $1,803,295
Insurance & related corporate costs j1_5,708
$1,819,003
Invoices submitted for Reimbursement to corporation may include but not be limited to
payroll and related costs, as well as insurance and related corporate costs.
3406 North Roosevelt Boulevard Corporation Agreement 2021
20
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE LAt fit `
(Company)
"...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County
officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee
in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County
may, in its discretion, terminate this Agreement without liability and may also, in 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 County officer or employee "
&-
(Signature)
Date:
STATE OF:
COUNTY OF: 614
Subscribed and sworn to(or affirmed)before me, by means of 0-physical presence or 0 online notarization,
on (date) by 9-ArA Irwl" (name of
..........
affiant). She personally known to jor has produced M
MAXINE PACINI
(type of identification as personally
en I lication. State of Florida
Notary Public
Commission#GG 202671
my Comm,Expires Jun 8,2,022
022
Bonded through National Notary Assn
NOTARY PUBLIC
My Commission Expires: -6Ls I 9��
3406 North Roosevelt Boulevard Corporation Agreement 2021
21
. ^
DRUG-FREE WORKPLACE FORM
The d ig ed vendor in accordance with Florida Statute 287.087 hereby certifies that:
(Name of Business)
1. Publish statement notifying employees that the unlawful nnonufaotuny, distribudon, dispemsing,
possess|on, or use of controlled substance is prohibited in the workplace and specifying the
actions that will be taken against employees for violations of such prohibition,
2. Inform employees about the dangers of drug abuse in the vvorkp|ace, the business' policy of
maintaining a drug-free workplace, any available drug counseling, rahabiUitstion, and employee
assistance proQnsms, and the penalties that may be imposed upon employees for drug abuse
violations.
3. Give each employee engaged in providing the commodities or contractual services that are under
bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of working on
the commodities or contractual services that are under bid, the employee will abide by the terms of
the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere
to, any violation of Chapter 8@3 (Florida Statutes) ormf any controlled substance law of the United
States or any state, for a violation occurring in the workplace no later than five (5) days after such
conviction,
5. Impose o sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, mr any employee who is so
convicted.
S. Make o good faith effort to continue to maintain a drug-free workplace through implementation of
this section.
As the person authorized to sign the statement, | certify that this firm complies fully with the above
requirements.
Date:
�
STATE OF: HoIc
COUNTY OF:
*�
Subscribed and sworn to(or affirmed) before me, by means of 2/physical presence or C1 online notarization,
by (name of
off/ant). He(8A�| or has produced
��
(type mfidentifioation) eeid�n�i�c�Y��.
WINE PACINI NOTARY PUBLIC
Notary Public-State of Florida
my Comm.Expires Jun 8.2022 My Commission Expires:
ded through National Notary Assn,
Emil
34B6 North Roosevelt Boulevard Corporation Agreement 2U2l
22
` .
PUBLIC ENTITY CRIME STATEMENT____
"4 person or affiliate who has been placed on the convicted vendor list following a conviction for public
entity mime may not submit bid on m contract to provide any goods or services to a public entity, may not
submit bid on a contract with a public entity for the construction or repair ofa 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 o CONTRACTOR, eupp|ier, suboomtramhzr, or CONTRACTOR under contract with any public entity,
and may not transact business with any public entity in excess of the threshold amount provided in Section
287.817. for CATEGORY TWO fora period nf3G months from the deha of being placed on the convicted
vemdor|iat.~
r
| have read the above and state that neither «/� � T (Respondent's name) nor any
/#f]iatehanbeanp|ooedontheconvictedvendn[||etvvithintho |ant3Bmfonths.
Date:
STATE OF:
COUNTY OF:
3 bachbed and sworn to affirmed) &-physical presence or 0 online notarization,
NOTARY PUBLUC
My Commission Expires:
AkAXIA':A
NE PACINI
Notary Public-State'of]Florida
Jun 8
my Comm.Expires Jun 8,2022
"I Notary �sn
ded through National Notary Assn.
34U6 North Roosevelt Boulevard Corporation Agreement 202l
23
VENDOR CERTIFICATION REGARDING SCRUTINI ED COMPANIES LISTS
Project Description(s): o - t!-r c,�P— I
VJY
Respondent Vendor Name:1�0 6 gav(evqr Gee d +
Vendor FEIN:
Vendor's Authorized Representative Name and Title: ► r I c
Address: (WI tz t (O
City: State: Gip: C)
Phone Number: 6
Email Address: !4 {� C
Section 287.135,Florida Statutes prohibits a company from bidding on, submitting a proposal for,or entering into or
renewing a contract for goods or services of any amount if,at the time of contracting or renewal, the company is oil
the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is
engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on,
submitting a proposal for,or entering into or renewing a contract for goods or services ofS1,000,000 or more,that are
on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized.Companies with Activities in the
Iran Petroleum Energy Sector Lists which were created Pursuant to s. 215.473, Florida Statutes, or is engaged in
business operations in Cuba or Syria.
As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the
Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or
engaged in a boycott of Israel and for Projects of S 1,000,000 or more is not listed on either-the Scrutinized Companies
with Activities in Sudan List,the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or
engaged in business operations in Cuba or Syria.
I understand that pursuant to Section 297.135, Florida Statutes, the submission of a false certification may subject
company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may
be terminated,at the option of the County,if the company is found to have submitted a false certification or has been
placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the
Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria.
Certified By: K t "r who is authorized to sign on
behalf of the above reference < , piny.
Authorized Signature: _
Print Name:
Title: if 4 V C w
Note: The List are available at the following Department of Managernent Services Site:
http_//www.dms.myflorida.com/business operations/state Prn'chasintl/vendor itifortiratiot>lcotivicted suspended®dis
criminatory®complaints vendor lists
3406 North Roosevelt Boulevard Corporation Agreement 2021
24
.
INSURANCE CHECKLIST FOR VENDORS SUBMITTING PROPOSALS OR BIDS FOR WORK
To assist in the development of your proposal, the insurance coverages marked with an "X" will be
required in the event an award is made to your firm. Please review this form with your insurance agent
and have hinm/hersigm it in the place provided. It is also required that the bidder sign requisite form
reflecting coverage and submit|t with the proposal.
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
Workers' Statutory Limits
X Compensation
--'
Bodily Injury by Accident/Bodily Injury by Disease, Policy
Limits/Bodily Injury by Disease each employee
VVC1 Employers Liability $100.080/$508'008/�180'008
--'
VV[2 Employers Liability $500'008/$500'000/$500'000
VV[3 Employers Liability $1,000,000/S1,000,000/$1,000'000
US Longshoremen &
VVCUSLH Harbor Workers Act $1'000^000
--'
VV{]A Federal Jones Act S1'800^000
��
. .
GENERAL LIABILITY
Asv minimum,the required general liability coverages wW| indude:
� Premise Operation 0 Products and Completed Operations
� Blanket Contractual ° Personal injury
Required Limits:
GL1 $300000[mmbined Single Limit
GL2 S500,000 Combined Single Limit
GL3 )( $1'0UU,0Q0 Combined Single Limit pO]icV#CCP922015 8/23/2020 - 8/23/2021
GL4 52,OOO,OOO Combined Single Limit
GL6 $3,000,080 Combined Single Limit
GI-6 $4'008'800Cnmbined Single Limit
GL7 $5'000'000[ombined Single Limit
Required Endorsements:
GLU(l Liquor Liability
GLS Security Services
All endorsements are required to have the same limits as the basic policy.
'
BUSINESS AUTOMOBILE LIABILITY
Asm minimum, coverage should extend tn liability for:
I Owned; Non-Owned and Hired Vehicles
Required Limits:
$50,000 per Person:$100000 per Occurrence
$25,00O Property Damage
Or
$108008Comhined Single Limit
(The use ofVU should be limited to special projects that involve other
governmental entities or"Not for P/oMi" organizations. Risk Management
VL1 must approve the use uf this forrn).
$200,000 per Person; $300,000 per Occurrence
$20O,U0O Property Damage
or
VLZ $300'000 Combined Single Limit
5SOQ,DOO per Person; $I'OOO'OOU per Occurrence
$100,000 Property Damage
or
VL3 $I'08U.UQ0 Combined Single Limit
VL4 $5,000,080 [ombimed Single Limit
Miscellaneous Coverages
Limits equal to the
Full Replacement Value of the completed
0R1 Builders Risk project.
[L| [yberLiabi|ity $1,000,800
Limits equal to the maximum value uf any one
KAVC Motor Truck Cargo shipment
PRO Professional Liability $300,000 per Occurrence/$ 500,000 Agg,
PR8Z
$S8O'OOQ per Uccunence/$1,000,000 AgQ,
PR03 ------ $1,800,000 perOccurrenceiS2,D0O'UQO Agg.
POL1 Pollution $ 500'000 per Occurrence/$(,O0U,UVOAgg.
P0L2 ----- $1,000,000 per Qccurrenee/$J'O0O'UO0Agg�
POL3 ----- $3'OOO'800 per Ocourrence/$6'O0O,OOOAAg,
----- �5 �O�O00 perOccurrence/�10QOU 0UU A08
PQL4 , , , ' ,
EDt Employee Dishonesty $ 10,800
-----ED2 $100'000
GK1 Garage Keepers $ 30O'QOO ($ 2S'8O0 per Vehicle)
GK2 $ 500,080 ($100,000 per Vehicle)
----- $1QO0OOO ($2SDOOO per Vehicle)
.
K4ED1 Medial Professional $300000/$750,000A8g.
MED2 $50q008/$1'000800AOQ,
K8GD2 $1,000,000/$3,000,008Ag0.
MEN $5'000'000/510,080'008 Agg.
IF Installation Floater Maximus value mf Equipment Installed
VLPl Hazardous Cargo Transporter $3OU.UUQ (Requires M[S-9O)
VLPZ $500'000 (Re4uires IVICS-90)
VLP3 $1'000'800 (KequiresM[S-90)
Maximum Value uf County Property that will be
BU Bailee Lia6. in the Ba[|ee'spossession
HKL1 Hanger Keepers Liability $300,800
HKL2 $5O8'800
HKL3 $1'008,000
HKL4 $5,000,800
A|R1 Aircraft Liability $1,000,000
A|R2 $5,000,000
A|R3 $50,000'000
AEO1 Architects Errors&Omissions $25O,OOO per Occurrence/$SU8'8OUAgg
AE02 $S80'OQO per Occurrencm/$1'O00'O0@Agg
AE[}3 $1,08O,8OO per Occurre*ce/$3,OOU,888AQg.
AE04 $300'0OU,OQO per Occurremce/$5,OOO,0UQAgg.
ARP All Risk Property Full Replacement Value of Structure
E[J Engineers Errors @Omissions $2S0,Q0U per Occurrence/$5O0,000AgQ�
E02 $508,800 per Occurrence Si.0O8`O00 Agg�
E03 S 1.000.800 per Occurrence 32,000.0D0Ag-
E04 S5.00U,U08 per Occurrence$|0.0O0`0O0 /\--�.
VVL1 Water Craft Liability S500.080 pff0ccurreuce
VVL2 _____ S|`00O,008 pC1'0ccu1rc11Cc
INSURANCE AGENT'S STATEMENT
I have reviewed the above reqUil-Cillents Nvith the bidder named belm .The following deductibles
apply to the corresponding policy,
Policy Deductibles
Liability #CCP922015 Century Surety Co $500.00
Liability policies are [2"OCCUrrence ainis Made
I LJCI
Insurance Office of America
Insurance Agency Signature C/
BIDDERS
STATEMENT
I understand the InSffancc that will be imandatory if awarded the contract and
will comply in full with all the requirements.
Bidder's Name and Title Sh,nalure
Compativ Narne: S�fOG Noww\ VCOSeVp-\�-
,�Ou Q va c� 6:�,(V4
d161A Vt*5'%t et