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Item C10 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date:_ September 16, 2009 Division: Emergency Services Bulk Item: Yes - No X Department: F ire Rescue Staff Contact Person: Camille Dubroff AGENDA ITEM WORDING: Approval of the second Renewal Agreement effective from October 1, 2009 through September 30,2010, with Gila Corporation d/b/a Municipal Services Bureau (MSB) for collections of outstanding account receivables from ground and air ambulance transports. ITEM BACKGROUND: On October 18,2007 the Board entered into an Agreement between the Monroe County Board of County Commissioners and the Board of Governors Fire and Ambulance District 1 of Monroe County with Gila Corporation d/b/a Municipal Services Bureau (MSB). The original agreement provides for two additional one (1) year terms, with approval of the District's goveming Board. We are requesting approval to exercise the second renewal option, commencing on October 1,2009 and ending on September 30,2010. PREVIOUS RELEVANT BOCC ACTION: On October 17,2007 the Board approved termination of the service agreement between Palm Beach Credit Adjustors Inc. d/b/a Focus Financial Services and Monroe County Board of County Commissioners and the Board of Govemors for the Lower and Middle Keys Fire and Ambulance District effective midnight October 17,2007 and entered into a new service agreement between Gila Corporation d/b/a Municipal Services Bureau (MSB) and Monroe County Board of County Commissioners and Monroe County Board of Govemors Fire and Ambulance District 1 effective October 18, 2007 for the collection of outstanding ground and air ambulance account receivable balances. On September 17, 2008 the Board approved the first renewal agreement effective October 1,2008 through September 30, 2009, with Gila Corporation d/b/a Municipal Services Bureau (MSB) for collections of outstanding account receivables' from ground and air ambulance transports. CONTRACT/AGREEMENT CHANGES: Contract will be extended and the new expiration date will be September 30,2010. STAFF RECOMMENDATIONS: All conditions ofthe contract have been met and services provided have been satisfactory. Staffrecommends renewal of the contract. TOTAL COST: $4JOO.00/year INDIRECT COST: BUDGETED: Yes X No - *Estimate based on average amount paid over the past year to the current collection agency for ground ambulance collections. COST TO COUNTY: See above SOURCE OF FUNDS: 13001-530-340 and] 1001530340 REVENUE PRODUCING: Yes ~o~ AMOUNT PER MONTII Year APPROVED BY: County Arty ~ - urchasing _ Risk Management.,./'" - DOCUMENTATION: Included --2L- Not Required DISPOSITION: AGENDA ITEM # Revised 1/09 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS . CONTRACT SUMMARY Contract with: Gila Corporation d/b/a Contract #_ Municipal Services Effective Date: 1 % 1/2009 Bureau (MSB) Expiration Date: 09130/2010 Contract Purpose/Description: Second Renewal of agreement dated 10/18/07 for collections of outstanding account receivables from ground and air ambulance transport. Contract Manager: Camille Dubroff 6010 Emergency Services / Stop 14 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 09/16/2009 Agenda Deadline: 09/01/2009 CONTRACT COSTS Total Dollar Value of Contract: $ $4,300.00/ year Current Year Portion: $ Budgeted? YeslZ] NoD Account Codes: 13001-530-340 - - -- Grant: $ 11001-530-340 - - -- County Match: $ - - - - ----- - - - - ---------- ""'---- - - - ADDiTIONAL costs " Estimated Ongoing Costs: $~ yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out Date In Needed Division Director - YesD NoD Risk:,allagetst 8ijLfr YesD Nol'i O.M.B./Purchasing gllofO"l YesD NO~ ~ County Attorney 1:/5/01 YesD Noey! ~11-i-J - Comments: OMB Form Revised 2/27/01 Mep #2 RENEWAL AGREEMENT . This AGREEMENT dated the day of , ,2009, by and between the Board of County Commissioners and the Board ofGoverrlors of Fire and Ambulance District 1 of Monroe County, Florida, hereinafter called the "County" and Gila Corporation d/b/a Municipal Services Bureau, hereinafter called MSB, WITNESSETH WHEREAS, the parties hereto did enter into an agreement dated October 18, 2007 for collections of outstanding account receivables from ground and air ambulance transports; and WHEREAS, said agreement provided an option to the County to renew the contract for two additional one (1) year tenns, not to exceed tWo (2) renewals; and WHEREAS, the County has elected to exercise said second one (1) year renewal option for the continuation of collections of outstanding account receivables from ground and air transports; now therefore IN CONSIDERA nON ofthe mutual convenants and obligations contained herein, the parties agree as follows: 1. The County elects to renew the contract for an additional year pursuant to paragraph 3 of the agreement entered into on October 18, 2007. " 2. The effective date of this amendment is October 1, 2009 and shall extend through September 30,2010, under the same terms and conditions of the contract dated October 18,2007. 3. All other terms and conditions of the contract dated October 18, 2007 shall remain in full force and effect. Attest: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS of MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairman WITNESS: Authorized Signature ~ ~rJc. 6. CcJA-f M /AI ~ J -7P-ti5rplf.-1'I1 Print Name & Title . BOcc -. RENEWAL AGREEMENT This AGREEMENT dated the 1st day of Oc.toher ,2008, by and between the Board of County Commissioners and the Board of Governors of Fire and Ambulance District 1 of Monroe County, Florida, hereinafter called the "County" and Gila Corporation d/b/a Municipal Services Bureau, hereinafter called MSB, WITNESSETH WHEREAS, the parties hereto did enter into an agreement dated October 18, 2007 for collections of outstanding account receivables from ground and air ambulance transports; and WHEREAS, said agreement provided an option to the County to renew the contract for two additional one (1)" year terms, not to exceed two (2) renewals; and WHEREAS, the County has elected to exercise said first one (1) year renewal option for the continuation of collections of outstanding account receivables from ground and air transports; now therefore IN CONSIDERATION ofthe mutual convenants and obligations contained herein, the parties agree as follows: 1. The County elects to renew the contract for an additional year pursuant to paragraph 3 of the agreement entered into on October 18,2007. _ . . . ~ 2. The effective date of this amendment is October 1,2008 and shall extend through September 30,2009, under the same terms and conditions of the contract dated Octo ber 18, 2007. 3. All other terms and conditions of the contract dated October 18,2007 shaH remain in full force and effect. . - . - - . - ~ ., " , . . . ......... .....'. , " Attestfpl\NNY L. KOLlIAGE, CLERK BOARD OF COUNTY COMMISSIONERS ,j (, ;, ",.; j .., OfMONROECOUNTY~RIDA~ ."; ---. ". '. .: -", '. ,. .n._" _. , . ~,~, '. . - , '. r; t~.~.__..'-, ,,'._ . ". .':_ '~:-/ .c.. , . '" By;~.M%.~ By: ~J~.. . DepJ:d:y<i)ferk~l:;>P ........... Mayor/Chairman >""..Ji;;;.';;lt;.2~;~ ./. WITNESS~ -' ~a~ ~htb(h-er .uJQ~ ~-. ~ II!, PliGJPl..1KEIHlIEN'JI' JEJE'JI'WJElEN 'JI'IHTlE llM)AR]}l OW C01IJN1I''f CO&lIMH88TIONlEIttS .. AN]}) 'JI'lHIJE IffiOAIFm OF GOVEMORS IFm.JH: ANlIJJ .AM:Jrn1IJ1LANCJE IDIS'JI'R1C'JI' li OJF MONROE COUN'JI'Y"5 FlLORIDA ANID GILA CORPORA. 'JI'J[ON d/b/a MUNlCIPAlL SElUVCES BUREAU JFOR COlLLlEC'JI'iON OJF OU'JI'ST ANDING AM:BULANCE ACCOUNTS THIS AGREEMENT, ("AGREEMENT") made and entered into this 18th day ofOqtober, 2007 by and between the Board of County Commissioners and the Board Govemors of Fire and Ambulance District 1 of Monroe County, Florida, (herein refeu-ed to as the "COUNTY") and Gila Corporation d/b/a Municipal Services Bureau (herein refelTed to as "MSB"); WITNESSETH: '. WHEREAS, MSB represents that they wish to provide services as hereinafter more specifically enumerated to the COUNTY for collections of said outstanding accounts receivables from ground and air ambulance transports; WHEREAS, the COUNTY wishes to enter into an Agreement with MSB for collecting various uncollected ground and air ambulance accounts receivables; NOW, THERFORE, in consideration of the promises contained herein, the parties agree as follows: 1. . DEBT COLLECTION SERVICES - MSB will mail notices, telephone or otherwise contact debtors with outstanding accounts with the COUNTY in order to attempt to collect those monies owed by the Debtors. Demand for payment of each collection item will be in a non-threatening manner and subject to all applicable Federal, State and local laws, rules and regulations. As payment of collection items are collected by MSB, it shall be remitted to the COUNTY by the fifteenth ofthe month for the previous month's activity. Each remittance shall include a statement for the commission due and shall be accompanied by a dated report which, as to each collection time included in the remittance, shall state the name of the persQn from whom it was collected, the amount remitted and identifying account number. 2. RESPONSIBILITY OF THE COUNTY - The COUNTY will provide, in addition to the names and last mown addresses of the Debtors, all information regarding the date( s) of the alleged debt(s), the amount of such de{bt(s) and the date the judgment was entered against the debtor, if applicable. The information supplied to MSB by the COUNTY must be in an ANSI file format which is acceptable to MSB and shall be provided not less frequently than monthly. The COUNTY will update and correct any information it has provided MSB as soon as it is practicable. The COUNTY will notify MSB of any payment of other satisfaction of judgment made directly to the COUNTY. The COUNTY may provide this information in either hard copy or electronically. 3. CONTRACT PERIOD AND RENEWAL - The effective date of this Agreement shall be October 18, 2007 through September 30,2008. This Agreement may be renewed annually for one (1) year terms, not to exceed two (2) renewals, subj ect to approval of the Fire Chief of Monroe County Fire Rescue, the Office of Management and Budget and the Monroe County Board of 1 " County Commissioners and the Monroe County Board of Govemors Fire and A_mbulance Districtl. .. 4. CONTRACT TERlvUNA TION - Either pmty may tenrunate this agreement by providing ninety (90) days written notice. Upon notice ufternnnation MSB shall tak:e all steps necessary to close out any accounts with an open balance and will be responsible for complying with all provisions of this contract until the tenl1ination date. MSB will not assume new accounts after such notice of termination. ,MSB will be paid for its services through the tem1ination date and MSB will not incm' any expenses after notice of termination except those necessary to properly wind up its obligations under this contract and properly pelform this contract. All money received on accounts, by MSB, after the termination date will be forwarded to the COUNTY without regular compensation being paid to MSB. MSB will further cooperate with any successor, debt collection service provider by tuming over all records and any other documents or equipment in hard copy to useable electronic fonnat to the COUNTY or the debt collection service provider. MSB will pay the COUNTY all funds due and owing to it as of the termination date of this contract. The provision for MSB to tUlU over documents and to provide all funds due and owing - . the COUNTY will survive the tem1ination of this contract. 5. CAP ABILITY TO PROVIDE SERVICE - MSB represents that it is an established debt collection service provider licensed to do business in the State of Florida and capable of providing all services required pursuant to this contract and that MSB has all necessary permits, occupational licenses or any other license or permits required to provide services under this agreement required by any local, state, government or the federal government. MSB further represents that it has experience with debt collection practices and it has the requisite financial resources, personnel and experience to perform all services required under this agreement. 6. REPORTS - MSB shall provide the COUNTY with monthly aging reports as of the last day of each month, by the twenty-first day of the following month reflecting the status of all accounts that are currently active and MSB's collection results. This report will include the following information: a. Debtor's Name b. Debtor's Account Number c. Amount paid on the account during the preceding month including amounts received by COUNTY as reported to MSB. d. Unpaid balance of account e. Amount of commission due Agency. The COUNTY has the absolute right to audit any and all financial records ofMSB pertaining to the collection activities carried on by MSB pursuant to this contract. MSB shall retain such records not provided to the COUNTY for a period ofthree (3) years after the termination of this contract unless such records are required for pending litigation then such records shall be maintained until at least ninety (90) days after the conclusion of litigation including appeals. 7. VALID DEBTS - The COUNTY agrees that accounts placed with MSB for collection are valid and legally enforceable debts and are not disputed or subject to any bankruptcy proceedings, unless otherwise disclosed in writing by the COUNTY. 2 . , 8. COlVII\AISSION R.ATES - For all accounts referred by the COUNTY to MSB for collection for which the COUNTY is paid, regardless ofwhethel' payment is accepted directly by the COUNTY or by MSB on the COUNTY'S be11alf, the COUNTY will pay to MSB a twenty-five (25) percent rate on the gross amount collected. Service will be provided on a contingency fee basis with no up-front or additional costs associated with the services. The following services will be provided at no additional costs: On line access to accounts, bi~ lingual collection notices and staff, letter creation and distribution, background checks/fmgerprints scans for all CUlTent and future MSB employees, National Skip ,tracking services, toll-free telephone numbers for debtors, independent security audit, and electronic interface (in~house programmers). The COUNTY will not be responsible to MSB for any commissions or fees for payments returned to the COUNTY or MSB for insufficient funds. " 9. NOTIFICATION OF COLLECTION - The COUNTY will immediately notify MSB of accounts refen"ed to MSB for collection that have been paid or disputed by the Debtors directly to the COUNTY whenever that payment or dispute occurs. MSB agrees that once an account is placed, that the COUNTY is to receive all commission due in the event that monies are collected. By the fifteenth of each month, MSB will provide a detailed reporting to the COUNTY to identify all accounts known to be collected during the prior month and to remit monies collected on the County's behalf. MSB is required to invoice the COUNTY for commissions due; the COUNTY agrees to review the invoice and forward payment to MSB in accordance with the Florida Local Government Prompt Payment Act. MSB makes no warranties or representation, 'expressed or implied,"about the amount of funds that will be collected, and MSB shall have no liability for any amounts uncollected. The only liability ofMSB will be to forward any funds collected to the COUNTY subjected to MSB collecting its commission amount. 10. LEGAL ACTION - MSB shall ma1ce no settlement for less than the total principal amount owed without prior approval of the COUNTY. MSB may not affect any debtor's credit history as a result of unsuccessful collection efforts. MSB will place accounts for litigation only with prior written consent of County. MSB agrees that if the continued coll~ction of an account would damage the reputation of the COUNTY or if suit is seriously threatened or filed, the COUNTY may request, in writing, the inunediate retum of the account. If the COUNTY has been given legal authorization to write-off obligations which have been referred to MSB, MSB will not collect any fees from the COUNTY relative to the accounts which have been withdrawn from MSB' s collection eff0l1s. 11. NOTICES - All notices specified pursuant to this contract shall be sent to the following: COUNTY: Monroe County Emergency Services 490 63rd Street Ocean Marathon, FI 33050 3 .< MSB: Municipal Services Bureau 6505 Airport Slvd., Suite 100 Austin, TX 78752 12. INDEPENDENT CONTRACTOR - Neither MSB, nor any of its employees, agents, or subcontractors are employees of the COUNTY. MSB is solely responsible and liable for any action taken or made by I\.1~B its' employees, agents or subcontractors. 13. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT of 1996 (HIP AA) - MSB will carry out its obligations under this contract in compliance with the privacy regulations pursuant to Public Law 104-191 of August 21, 1996, known as the Health Insurance Portability and Accountability Act of 1996, Subtitle F - Administrative Simplification, Section 261, et seq " as amended ("HIP AA"), to protect the privacy of any personally identifiable protected health information (PHI) that is collected, processed or learned as a result of the Collection services providl::d hereunder, In conformity therewith, MSB agrees that it will: a. Not use or further disclose PHI except as permitted under this contract or required by law; b. Use appropriate safeguards to prevent use or disclosure of PHI except as permitted by this contract; c. To mitigate, to the extent practicable, any harmful effect this is known to MSB of a use or disclosure of PHI by MSB in violation of this contract; . d. Report to MOlioe County any use or disclosure of PHI' not provided for by this contract-of which MSB becomes aware; e. Ensure that any agents or subcontractors to whom MSB provides PID, or who have access to PHI, agree to the same restrictions and conditions that apply to MSB with respect to such PHI; f. Make PHI available to Monroe County and to the individl.lal who has a right to access as required under HIP AA within 30 days of the request by Monroe County regarding the individual; g. Incorporate any amendments to PHI when notified to do so by MOlioe County; . < h. Provide an accounting of all uses or disclosures of PHI made by MSBH as required under HIPAA privacy rule within sixty (60) days; i. Make their internal practices, books and records relating to the use and disclosure of PHI available to the Secretary of the Department of Health and Human Services for purposes of determining MSB's and MOlioe County's compliance with HIP AA; and j. At the termination of the contract, return or destroy all PHI received from, or created or received by MSB on behalf of MODIoe County, and ifreturn is infeasible, the protections of this contract will extend to such PHI. 4 The specific uses and disc1osul"es of PHI that may be made by MSB 011 behalf of MOD.Toe County include: '. a. Preparation of invoices and reminder notices and documents pertaining to collections of overdue accounts to patients and others who are responsible for payment ofthe services provided by Monroe County; b. Uses required for the: proper management of MSB as a business associate. c. Other uses or disclosures of PHI as permitted by the HIP AA privacy rule. Notwithstanding any other provisions oHhis contract may be terminated by Monroe County if MSB has violated a term or provisions of this contract pertaining to MSB' s material obligations under the HIP AA plivacy rule, or if MSB engages in conduct which would, if committed by Monroe County. result in a violation of the HIP AA plivacy rule by Monroe County. 14. INDEMNIFICATION - MSB covenants and agrees to indemnify, ~old hannless and defend the Monroe County Board of County Commissioners and the Monroe County Board of Governors District l, its cOllllnissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to propelty owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in C0l1l1ection with, or by reason of services provided by MSB or any of its Subcontractors in any tier, occasioned by the negligence, en-ors, or other wrongful act or omission ofMSB or its Subcontractor(s) in any tier, their officers, employees, servants or agents. In the event that the service is delayed or suspended as a result ofMSB's failure to purchase or maintain the required insurance, MSB shall indemnify the COUnty from any and all increased . expenses resulting from such delay. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the Agreement. (See Attachment A). 15. INSURANCE - During the term of this Agreement, MSB must keep in force and affect the following insurance: Worlter's Compensation- Prior to the, commencement of work governed by this contract, MSB shall obtain Worker's Compensation Insurance with limits sufficient to respond to Chapter 440, Flodda Statutes. In addition, MSB shall obtain Employer's Liability Insurance with limits not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. 5 IfMSB has been approved by the Florida's Department of Labor, as an authorized self-insurer, the County shall recognize and honor MSB's status. MSB may be required to submit a Letter of Authorization issued by the Departwent of Labor and a Certificate of Insurance, providing details on MSB's Excess Insurance Program. IfMSB patiicipates in a self-insurance fund, a Certificate of Insurance will be required. In addition, MSB may be required to submit updated [mancial statements from the fund upon request from the County. GeneraB Liability - Prior to the commencement of work governed by this contract, MSB shall obtain General Liability Insurance. Coverage shall 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 Expanded Definition ofPropelty Damage The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage , - An Occurrence FornI 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 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 shall be named as Additional Insured on all policies issued to satisfy the above requirements. Professional Liabilitv Insurance - Recognizing that the work governed by this contract involves the furnishing of advice or services of a professional nature, MSB shall purchase and maintain, throughout the life of the contract, Professional Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of MSB arising out of work governed by this contract. The minimum limits of liability shall be: $250,000 per Occurrence/$500,000 Aggregate Monroe County shall be named as an Additional insured on all policies. The provisions of Attachment B are attached and incorporated into this agreement. 16. PAYMENTS - Payments shall be made by the COUNTY pursuant to the Florida Local Government Prompt Payment Act after the completion of the rendered services and proper invoicing by MSB. 6 17. CONTll\fG ENCY - Monroe County's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners. '. 18. 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. 19. O\VNERSHIP OF TH~ PROJECT DOCUMENTS - The documents prepared by MSB for tIus Project belong to the COUNTY and may be reproduced and copied without acknowledgement or pennission ofMSB. 20. SUCCESSORS AND ASSIGNS - MSB shall not assign its right hereunder, except its right to payment, nor shall it delegate any of its duties hereunder without the written cortsent of the COUNTY. MSB will not employ any subconh'actor to perform any duties under this agreement unless such fact is made lmown to the COUNTY and prior written pennission is granted. The COUNTY shall have the right to prohibit a subcontractor from perfonning any part of the contract; such right shall be reasonable exercised. Subj ect to the provisions of the immediately preceding sentence, each pmy hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 21. NO THIRD PARTY BENEFICIARIES - Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 22. PUBLIC ENTITIES CRIMES - 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 contracts to provide any goods or services to a public entity, may not submit a bid on a contract 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 MSB, supplier,' subcontractor, or MSB under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement (including Attaclnnent C), MSB represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of aU monies paid hereto, and may result in debarment frorb'COUNTIES competitive procurement activities. In addition to the foregoing, MSB further represents that there has been no determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONUSULTANT has been placed on the convicted vendor list. MSB will promptly notify the COUNTY if it or any subcontractpr is formally charged with an act defmed as a "public entity crime" or has been placed on the convicted vendor list. 23. MAINTENANCE OF RECORDS - MSB shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or its 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 7 . . following the tenllinatiOl1 of this Agreement. If an auditor employed by the COUNTY or County Clerk detel111ines that monies paid to MSB pursuant to this Agreement were spent for purposes not authorized by tins Agreement, the MSB shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Flodda Statutes, lUlm.i.ng from the date the 1llOineS were paid by the COUNTY. 24. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES - This Agreement shall be govemed by and construed in accordance with the laws of the State of FlOlida applicable to contracts made and to be'perfomled entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and MSB agree that venue shall lie in Mom-oe County, FlOlida, in the appropriate comt or before the appropriate administrative body. The Patties waive their tights to a trial by jury. This Agreement is not subject to arbitration. 25. SEVERABILITY - If any teml, covenant, condition or provision of this Agreement (or the application thereof to anY.c.ircumstance 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 MSB 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. 26. ATTORNEY'S FEES AND COSTS - The COUNTY and MSB 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 tlus 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 attomey'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. 27. BINDJNG EFFECT - The terms, covenants, conditions, "!,nd provisions of this Agreement shall bind and inure to the benefit of the COUNTY and MSB and their respective legal representatives, successors, and assigns. 28. AUTHORITY - Each party represents and wan-ants 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. 29. CLAIMS FOR FEDERAL OR STATE AID - MSB and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtaiu federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 30. ADJUDICATION OF DISPUTES OR DISAGREEMENTS - COUNTY and MSB 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 no resolution can be agreed upon within 15 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction 8 ,. 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. " 31. COOPERATION - In the event any administrative or legal proceeding is instituted against either party relating to the fonnaLion, execution, performance, or breach of this Agreement, COUNTY and MSB agree to participBJe, to the extent required by the other party, in all proceedings, healings, processes, meetings, and other activities related to the substance of this Agreement or provision of. th~. services under tlus Agreement. COUNTY and MSB specifically agree that no party to tIus Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 32. NONDISCRIMINATION - MSB and COUNTY 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 ofthe court order. MSB or COUNTY agrees 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 VI of the Civil Rights Act of 1964 (P.L 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 use 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 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 alcoliol arid drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 use s. 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. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, 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 w1)ich may apply to the parties to, or the subj ect matter of, this Agreement. 33. COVENANT OF NO INTEREST - MSB and COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 34. CODE OF ETHICS - 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. (Attachment D). 35. NO SOLICITATIONIPAYMENT - MSB and COUNTY 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 9 ,. ClUy person, company, cOilJOration, individual, or finn, other than a bona fide employee worldng solely for it, any fee, conmnssion, 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, MSB agrees that the COUNTY shall have the right to ternnnate tIns Agreement without liability and, at its discret~on, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 36. PUBLIC ACCESS - MSB and COUNTY shall allow and permit reasonable access to, and inspection of, all documents, p'apers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by MSB and COUNTY in connection with this Agreement; and the COUNTY shall have the right to unilaterally cancel tIns Agreement upon violation of this provision by MSB. 37. NON-WAIVER OF IMMUNITY - Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation ofMSB and the COUNTY in this Agreement and the acquisition of any commercial liability insu.r~ce coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability . . coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 38. 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. 39. LEGAL OBLIGATIONS AND RESPONSffiILITIES - no Delegation of Constitutional or StatutOlY 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 tl}e extent permitted by the Florida constitution, state statute, and case law. 40. NON-RELIANCE BY NON-PARTIES- No person or entity shall be entitled to rely upon the tenus, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any servjc:e or program contemplated hereunder, and MSB and the COUNTY agree that neither MSB nor the COUNTY or any agent, officer, or employee of either shall have the authority to infOlID, 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. 41. ATTESTATIONS AND TRUTH IN NEGOTIATION - Coincident with execution of this Agreement, MSB agrees to execute a Public Entity Crime Statement, Ethics Statement, and a Drug-Free Workplace Statement (Attachments C-E). 42. 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 10 . . his or her individual capacity, 8..i1d no member, officer, agent or employee ofMonme County shall be liable personally on tins Agreement or be subject to any persollalliability or accountability by reason of the execution of this Agreement. 43. EXECUTION n-.J COUNTERPARTS - This Agreement may be executed in any number of countelparts, 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 pmties hereto may execute this Agreement by signing any such counterpmt. IN WITl\[ESSWHEREOF, each party hereto has caused this Agreement to be executed by its dul Yc:tutl1oriiecl tepresentati ve. Att~St:\Q~.L. KOLHAGE, CLERK MON:Ro.$COUNTYBOARD OF COUNTY BY:~/ V .COM1vIISSIONERS -. BY~.~C. i9-U"~ Deputy Clerk - M yor/Chamnml GILA CORPORATION INC. d/b/a WITNESS: 1:- ~. ~CWALSERV~ESBUREAU BY:~ Pnnt Name: , I ~\.;L...11:) V\tllfltl~J" - Print Name and Title ~:"III",JI. Date: ?/~1 107 $'t~'S TIM M. YANTES ~ : t ~ Notary Public, State of Texas ~:~.... {~i MV Commission Expires Title: C IVI 0 ""4,~,~,l~\\" October 19. 2008 11 , . MU(})l''J.!R(QlJE OJ]Y!IJNTY~ IFJLOlR?JIIIlA WSK MfiAN A<GID::MlENT P([]) lE;If CY AMID PRO C.IH:ID1Ul~JES CONTRACT AIDlMIfNIfSTJRA l'IfON MANUAL li:JmdemIDl.Jification and lHIold lHIarmIless 1m" Other ContradOlrs The Contractor covenants and agrees to indemnify, hold harmless and defend the' Monroe County Board of County Commissioners and the Monroe County Board f Governors District 1, its conmrissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, inc1udingdamage to property owned by Monroe County, and any other losses, '. damages, and expenses of any kind, including attomey's fees, cowt costs and expenses, which arise out of, in connection with, or by reason of services provided by the contractor or any of its Subcontractors in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the contractor or its Subcontractor(s) in any tier, their officers, employees, servants or agents. In the event that the service is delayed or suspended as a result of the contractor failure to purchase or maintain the required insurance, MSB shall indemnify the County from any and all increased expenses resulting from such delay. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. . . This indemnification shall survive the expiration or earlier termination of the Agreement con~ture q 1.2. 7 /07 Date TCS Attachment A (1 of 1) 12 W (!l IR.IKJERS ~ C{!l MPlENSA.1I'If(lJ) N nNS\U1E.ANCE RIEQ1UIfIRlEMJEN1I'S FOR CON1I'RACT BETWEEN '. MONROE COUNTY, FLORIDA AND l\J\SB Prior to the connnencement of work governed by this contract, the Contractor shall obtain Workers' Compensation-Insurance with limits sufficient to respond to Florida Statute 440. . . In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Cqverage shall be provided by a company or companies_authQrized to transact busines~ 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 shall 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 ofInsurance, 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 request from the County. Wel Attachment B (1 of 3) 13 . . GlENlERA.1L ILI4JEJI1L1I'JI"i{ lINS TLII?LAN CE REQ 1UlI1RlEMEN'JI'S FOR ODN'Jf1RA.C'JI' BE'JI'WEEN . . MONROE C01UNTY, FLORJIDA AND V\AS<S Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a .minimum: III Premises Operations G Products and Completed Operations G Blanket Contractual Liability III Personal Injury Liability G Expanded Definition of Property Damage The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If ~plit limits are provided, the minimum limits acceptab!~ sh,!l! be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage 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 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 shall be named as Additional Insured on all policies issued to sat!sfy the above requirements. GLl Attachment B (2 of 3) 14 . '. Jl>>R Q)l IFlES SJI ([1lNAJL lLIL.4JBlJIJLllTY JINSIDJRANCJE R1E:QllJ1l:lRlEMENTS lFOJR CONTRACT BETWEEN MONROE COUNTY, FLORIDA. AND \'J\SjS Recognizing that the work governed by this contract involves the furnishing of advice or services of a professional nature, the Contractor shall purchase and maintain, throughout the life of the contract, Professional Liability Insurance which will respond to damages resulting from any claim ~sing out of the performance of professional services or any error or omission of the Contractor arising out ofworlc governed by this contract. The minimum limits ofliability shall be: $250,000 per Occurrence/$500,OOO Aggregate . - " " PROl Attachment B (3 of 3) 15 " '. " 1P'V]PMLliC ENTliTY CIDMJE S'f A 1fJEMEN'f "A person or affiliate who has been placed on the convicted bidder list following a conviction for public ent~!y crime may not contract to provide any goods or services to a public entity, may not submit a bid on a contract 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 bidder, supplier, subbidder, or contractor under a contract 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 of36 months from the date of being placed on the convicted bidder list." . . By executing this form, I acknowledge that limy company is in compliance with the above. \ STATE O~)<Ot ~ Jt COUNTY OF ("lh) I) D~te q(1'{07 - PERSONALLY APPEARED BEFORE ME, the undersigned authority, B\Vt.k Cu""^",,,\ tI\~ S who, after first being sworn by me, (name of individual signing) affixed ms/her signature in the space provided above on this 'J.-f day of 5e~~~V\Abt:r ,20 0/ ,-' tojv1(or \,\UIII".(, .f~~ TIM M. YANTES ~~:' .t~ Notary Public, State of Texas %,~. "~i My Commission Expires '.:o1tf.fjj~1-~ October 19, 2008 Attachment C 16 .. LOIDJPlYJINtG AN'IDl CON.lFlLlT<C1I' OF IIN1fJEUST C1LAJJJ8E SVVOIRN S1I'A'fEMEN1f lUN]]}JER O!RDIINANCE NO. JW-1I.99@ MONROE COlUN'fY, lFLORll]!))A ETHICS CLAUSE N\SjS warrants that he/it has not employed, retained or otherwise had act on his/its behalf any fonner County officer Of employee in violation of Section 2 of 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 this provision the County may, in its discretion, terminate tlus contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise . . recover, the full amount of any fee, commission, percentage, gift~ or consideration paid to the former Count flcer or employee. '. Date: q /2) /07 STATE OF ~(Ot) . . . COUNTY OF ~OI. \J I ? PERSONALLY APPEARED BEFORE ME, the undersigned authority, {'vcr=- WlVVl ' 1\ who, after first being sworn by me, affixed his/her signature (name of in . idual signing) in the space"provided above on this {)fJ.- ~Y~MIl1-t-{ . . , 20 JLl. NtyP LIe . My commission expires: loj 11(0g' OMS - Mep FORM #4 ~,'111111tf. l~~~ TIM M. YANTES ., 1 t'( "~~ Notary Public! S!ate Of"fexas J \i. l~i My Commrsslon ExpIres :;;i,f.fj~'<" October 19, 2008 Attachment D 17 IDl]RUG-.lFUJE '%VOll<<J!(]FJLA<CJE .lFi{JllP~ " The undersigned contractor in accordance with Florida Statute 287.087 hereby certifies that: Q dOL CDy p. eLl h /OL . & tv lee 5' 'tSu. v ca...l.t (f'I.tl.SiS ) NUYllu pal (Name of Business) 1. Publishes a statement notifYing employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Infol1ns employees about the dangers of drug abuse in the workplace, the business's policy of maintaining' a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy ofthe statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of worldng 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 contendre to, any violation of Chapter 893 (Florida Statutes) or of 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. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Contracfor ature 14 7 /0 7 Date OMB - MCP FORM #5 Attachment E 18 f,ACORDm . CIERT~F~CATE OF llt:\lBll~TV ~NSURANCE j 111l6/2007 PRODUCE;R Pathfinder/LL&D Insurance Group LLC THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ' ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1160. Dairy Ashford #220. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 441587 .. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Houston TX 77244-1587 INSURERS AFFORDING COVERAGE INSURE;D Gila Corporation Il'-!Sl,iRERA: Hartford Ynderwriters Insurance Company dba Municipal Services Bureau/Gila Group : INS\JREfl 8; Hartford Underwriters Insurance Company 650.5 Airport Blvd., Suite 100 IN"iURER 9; Federal Insurance Company . TX 8752 INSURERD: Austm .7 , INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTOTHE 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. "';:;;T~ . ""- . .,. ~. ~,,---. _ '..,.--__ _.._.. ,,'.. ..._n_..___. __ _ INSR , TYPE OF INSURANCE POLICY NUMBER . POllCV EFFECTIVE PO~ICV EXPIRATION I ~IMITS . g~ERALlIABI~ITY :61SBQRS85DO 103/0112007 10.3/0.11200.8 i.~~f-(OGCUR.RENC5 __.~..! _J~QD,DOO I j, i <\ I.. .., ~Q.MMERCIAL GENER.M-JIA8IUTY i I i .FIR;: ~MAi;l_~.(fu)y.ona tir~LJJi.. _. !.lQ.DO,OQ,Q r I . '. I -i.. I CLAIMS MADE I X ! OCCUR I I MEDQEJ&:!y'~.pat$Onl. ...;.~.__ _ ___.lO,QDO ~~: -- ... . u _u.. --. ! i I J PERSON~ & ADY.lb\!.!!R-'L-f L. __. ._Exclui!ed f-' -- ----------------- ii, -I G~ffi'''G'''"'''__,-'-- __ 2,000.000 ~N'L AGGREGA.U:: LIMIT APrPLlES PER' i I PRODUCTS '.QQ.MP/OP ~il...___~ 2,Q9..Q~000 ! X POLICY; , PRO. LaC I ~TOMOBILELlAIlIUTV 16ISBQRS85DO, "0.3/0.1120.07 10.3/0.1120.0.8 ,I COM81NEO SINGLE LIMIT .' $ 10.00. 000. I ' ANY AUTO I jEa accldant) I " \. C_}ALLOWNEOAUTOS' ,. BO-~I:~I~~~~Y'-- .--. -t~--'- -- ------.. ~' SCHEDULED AUTOS I I I (~:r~~~~ ._~_ _ m.. _ .__ . __ _ XI , _: HIRED AUTOS , BODILY INJURY $ XJ ""'~"'" ,moo I ! I ~~-'''''~ - ----- -- t ___ ____ ______ ___ ___ c_n ...... U I PROPERTY DAMAGE , IPar accident} I $ I I fAUTOONLv.EAACCIDEt:1T _!$-.~. ._. ~...u_ /' OTHER THAN MACC.iH .___.. ______ AUTO ONLY; AGG $ EX~ESSLlABI~lTVrm !6ISBQRS85DO 0.3/01120.0.7 03/0.1120.08 : EACH OCCURRENCE n_-:'..L.___.. 4,0.0.0.,00.0. rX; OCCUR L J CLAIMS MADE I I [AGGREGATE.___..___J-L-..___ 4,0.0.0,0.00 , I ~ . ~-=~ =-_~ -=_~~.~_'_'_~~~'~'. _-=__~.~_ 10,000. _~ , WORKERS COMPENSATION AND 61 WEQRT7847 10.3/011200.7 1'03/01120.08 ~ X ; T"X~~m~~ I 1.9lt~_ __.. _ ' j EMP~OVERS' LIABILITY , I E.L. EACH ACCIOENT , $ ~OOO,DOD 'I : I E.L. DISEASE. EA EMPL~~EE: $'-= 1,0.00.,000. I : E.L. DISEASE. POUCY LIMIT! $ 1,0.0.0.,000. ' i OTHERProfessional Liab ,8197.6649 i 1110. 1/20.0.7 11110. 1/20.08 $1,000.,00.0. Limit I I ; I I 'ESCRIPTION OF OPERATlONS/LOCAT[ONSNEHICLESIEXC~USIONS ADDEO BV ENDORSEMENT/SPECIAL PROVISIONS :ertificate holder is named as Additional Insured with respects on all policies as required by written contract. This certificate ~places any and all previously issue certificateds for the certificate holder as pertains. Subject to policy tenus, conditions and xclusions. :ERTIFICATE HOLDER i ADDITlONA~ INSUREO' INSURER LETTER: CANCELLATION SHOULD AtlY OF THE ABOVE DESCRIBED POLICIES IlE CANCELLED BEFORE THE EXPIRA liON Monroe County Board of County Commissioners DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ---.!Q DAYS WRITTEN 490 63rd street Ocean NonCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Marathon FL 33050 IMPOSE NO OBLIGATION OR ~IAIlILITY OF ANV KINO UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZEO REPRESENTATIVE ~ / ~..,.----S I..--> - CORD 25-8 (7/97) @ACORD CORPORATION 1988 , . IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER . . The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. . - :ORD 25-S (7197) ACORDm CERTIFICATE OF LIABILITY INSURANCE I 03105H~09 ,PRODUCER PathfInder/LL&D Insurance Group LLC THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ' ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1160 Dairy Ashford #220 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 441587 '. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Houston TX 77244-1587 INSURERS AFFORDING COVERAGE INSURED Gila Corporation INSURER A: Hartford Unden.vriters Insurance Company A+ dba Municipal Services Bureau/Gila Group INSURER B: Progressive County Mutual Insurance A + 6505 Airport Blvd., Suite 100 INSURER C: Federal Insurance Company A++ . . . INSURER D: Hartford Casualty Insurnace Company A + I Austm TX 78752 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. ~.f TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE P~~!9.Y EXPIRATION LIMITS ...QE.NERALUABILITY 61SBQRS8500 03/01/2009 03/01/2010 EACH OCCURRENCE s 1,000,000 X COMMERCIAL GENERAL LIABILITY '.' FIRE DAMAGE (Anv one fire' $ 1,000,000 1 CLAIMS MADE [KJ OCCUR MED EXP {Anv one oerson\ S 10,000 - PERSONAL & ADV INJURY $ Excluded - GENERAL AGGREGATE $ 2,000,000 ~'L AGGR~E LIMIT AP~S PER: PRODUCTS. COMP/OP AGG $ 2,000,000 I X I POLlCY I I ~fR.;. J I LaC ...M!.TOMOEIILELIABILITY 062807810 02/16/2009 02/16/20 10 COMBI~ED SINGLE LIMIT S 1 000 000 ANY AUTO (Ea aCCIdent) , , - - ALL OWNED AUTOS ; <;2 BODILY INJURY S X SCHEDULED AUTOS < (Per person) ~ HIRED AUTOS, 'j)f\'l' :'. h{)n f1, ~ <..... ' .., > , BODlL Y INJURY X NON-OWNED AUTOS '. 0;,... =" 'Il . ____ (PeraCciden!) S --"...:;;. l.. -.' . ~ '\ 1~O)C.:;. .' ; .,~ ';.- ...:..JC::O r...------. rp~~~~~d~gAMAGE $ qGARAGELJABIUTY ;;,.;. :.l: 1-..... .caJb-.......~. AUTOONLY-EAACCIDENT S ANY AUTO n ~ ' OTHER THAN EA ACC S U I( iY\ - AUTO ONLY: AGG S ~ESSLIABIUTY 61SBQRS8500 03/0112009 03/01/2010 EACH OCCURRENCE S 4,000,000 ~ OCCUR 0 CLAIMS MADE , .f) AGGREGATE S 4,000,000 Ff. \. "VO $ DEDUCTIBLE :.. s ';J ''''''nON ,10,000 0...., C l, ifD.J7>i'1 , WORKERS COMPENSATION AND 6lWEQRT7847 . 03/0112009 03/0112010 v xT wc STATU-.! IOJ~' EMPLOYERS' LIABILITY S.L EACH ACCIDENT S 1,000,000 E.L DISEASE. EA EMPLOYEE S 1,000,000 E.L.DISEASE-POUCYLlMIT $ 1,000,000 OTHERProfessional Liab 8197-6649 03/01/2009 03/01/2010 $2,000,000 Limit Retro date: 07/01/1992 Crime 00FA0241339-08 03/01/2009 03/01/2010 $1,000,000 Limit CRIPTION OF OPERATlONSILOCATIONSNEHICLES/EXCLUSIONS ADDEO BY ENDORSEMENT/SPECIAL PROVISIONS tifIcate holder is named as Additional Insured with respects on all policies as required by written coiitn'!,Ct;:T!1i~ ceI1ific..\!~__ laces any and all previously issue certificateds for the certifIcate holder as pertains. Subject to policy t~rtn'S'~'c'OndrtiObs\ahl~:Bl Ius ions. ! --' I . .'.." MAR ;J J 2009 I UIFfCATE HOLDER I I AOOlTIONAL INSURED' INSURER LETTER: CANCELLATION .... . _ ! SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELlED BEFORE THE EXPIRATION 10 Monroe County Board ofCounly Commissioners DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _ DAYS WRITTEN 490 63rd street Ocean NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBliGATION OR LIABILITY OF ANY KINO UPON THE INSURER, ITS AGENTS OR Marathon FL 33050 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE c-"" I I ~~~~~ )RD 25-S (7197) @ACORD CORPORATION 1988