03/20/2002 Jewfish Creek
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305)ji9lf~ 0 RAN DUM
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
DATE:
Apri130,2002
TO:
Kim McGee, Coordinator
Marine Projects
Pamela G. Hanc ~
Deputy Clerk r:y
FROM:
At the March 20, 2002, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
Contract Amendment between Monroe County and American Underwater Contractors,
Inc. for additional work at Jolly Roger boating restricted area.
,,/ Contract Agreement between Monroe County and A. S.A.P., Inc. for the installation of a
large regulatory sign to be installed south of Jewish Creek.
Contract Agreement between Monroe County and American Underwater Contractors,
Inc. for the installation and repairs of aids to navigation located in Upper Sugarloaf Sound and
Sugarloaf Shores.
Enclosed is a duplicate original of each of the above mentioned for your handling. Should
you have any questions please feel free to contact our office.
Cc:
County Administrator w/o documents
Growth Management w/o documents
File ./
County Attorney
Finance
CONTRACT AGREEMENT
fA 1\ A /1 DIJJ
AGREEMENT, MADE THIS 2/) day of ~ 2002, by and
between, A.S.A.P., Inc. (" Contractor "), and the BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, of the County of Monroe,
State of Florida (Board).
The Contractor and the Board, for the consideration named, agree as follows:
1. The Contractor shall furnish all the materials for the installation of one large
regulatory sign and two pilings located just South of Jewfish Creek, Monroe County as
specified by Exhibit A.
2. The work performed under the Contract shall commence immediately from the
date the Liaison provides the Notice to Proceed and shall be completed by June 30, 2002.
3. The Contractor understands the rules and procedures instituted by the Board to
ensure an orderly progress to the project. The Contractor understands both the intent and
the requirements of the Specifications and Map attached as Exhibit A.
4. The Board shall pay the Contractor the total sum of $3,350.00 for the work
listed in Exhibit A of this Contract. Payment shall be upon completion by the Contractor
and review and approval of the close out documentation by the Marine Projects
Coordinator.
5. The attached List, Map, and Specifications together with this Agreement form
the Contract. They are fully a part of this Contract as if repeated herein verbatim.
6. The Contractor covenants and agrees to indemnify and hold harmless Monroe
County Board of the County Commissioners from any and all claims for bodily injury
(including death), personal injury, and the property damage
(including property owned by Monroe County) and other losses, damages, and expenses
(including attorney's fees) which arise out of: in connection with, or by reason of services
provided by the Contractor or any ofits subcontractor(s) in any tier, their employees or
agents. The purchase of the insurance required in the paragraph 11 does not vitiate this
indemnification provision.
7. The Contractor acknowledges his! her intention to comply with the need to
coordinate all work with the appropriate environmental agencies, the U.S. Coast
Guard, and the County.
8 . The Contractor agrees to supply the County with a set of photographs of the
complete work along with a letter certifying completion of work.
The Contractor will be responsible for the camera, film, and development costs.
The Contractor also agrees to provide transportation for the Liaison to inspect the
completed work.
9. The Contractor understands and agrees that no payment will be made for this
project without required photographs and written certification of completion.
10. Due to the use of heavy equipment and, at times, dangerous work
environment, the Contractor understands and agrees to maintain an alcohol and drug free
work environment.
11. The CONTRACTOR will be responsible for all necessary insurance coverage
as indicated by the an "X" on the attached forms of Exhibit B identified as General
Insurance Requirements and INSKLST 1-4, as further detailed on forms WCl, WCJA,
GLl, VLI, & WLl. All policies must list Monroe County as additional insured with the
exception or the Workers Compensation policy.
12. The Contractor warrants that it has not employed, retained or otherwise had
act on its behalf any former County officer or employee subject to the prohibition of
Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 020-1990. For breach or violation of this provision, the
owner may, in its discretion, terminate this contract without liability and may also, in its
direction, terminate this 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 County officer or
employee.
13. 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 a 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 real property to a public entity, may not be awarded or perform
work as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity in excess of the threshold amount provided in Section 287.017, for
CATEGORY TWO ($10,000.00) for a period of36 months from the date of being
placed on the convicted vendor list.
14. The Board may terminate this Agreement with or without cause at any time
upon giving the Contractor up to 10 days notice in writing. The Contractor, upon receipt
of the notice, shall immediately cease work. The Board must pay the Contractor the
percentage of the contract price which is satisfactory to the Board up to date the
contractor received the notice of termination.
14. This Contract is governed by the laws of the State of Florida. Venue for any
litigation arising under this contract must be in Monroe County.
IN WITNESS WHEREOF the parties here to have executed this agreement by the
BOARD OF COUNTY COMMISSIONERS
GE, CLERK OF MONROE COUN , FLORIDA
BY:
Mayor/Chairman
Witnessfff~~
Witness~ .. ~ -/~ 7t~
By:
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EXHIBIT A
Scope of Work
For the Installation of Informational Signage
Attention contractors:
This will be a 4' x 6' .125 gauge aluminum sign mounted on twin 12" piles (piles should
meet the standard County specifications) with piling caps mounted on top (caps provided
by County). Top of sign should be 12' above MHW. Sign will be attached using
stainless hardware including: 3" long 3/8" lag screws, with 1 Y2" o.d. flat washers and 3/8"
nuts. 1 Y2" o.d. plastic or nylon (or similar material) washers will be used to separate the
aluminum sign from the stainless washers. The sign installation must be coordinated
with, and done to the satisfaction of, the County Marine Resources Planner.
WELCOME TO
THE FLORIDA KEYS
CONTROLLING DEPTHS
ON BA YSIDE LESS THAN 5FT
USE CHARTS AND HELP
PREVENTSEAGRASSDAMAGE
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1996 Edicion
, EXHIBIT B
:r
I\{ONROE COUNTY, FLORIDA
INSURANCE CHECKLIST
FQR
VENDORS SUBJ\UITING PROPOSALS
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 finn. Please review this fonn with your
insurance agent and have himlher sign it in the place provided. It is also required that the bidder
sign the form and submit it with each proposal. .
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
WCl
WC2
WC3
WCUSLH
X Workers' Compensation
x Employers Liability
Employers Liability
Employers Liability
US Longshoremen &
Harbor Workers Act
X Federal Jones Act
Statutory Limits
SJ 00,000/S500,0001$ 1 00,000
S300,000/S500,000/S500,000
$1 ,900,000/SI ,000,000/$1 ,000,000
Same as Employers'
Liability
Same as Employers'
Liability
'\1.'CJA
lNSCKLST 1
Adminiscracion Instruccion
14109.2
1996 Edilion
INSURANCE AGENT'S ST~:TEMENT
.
I have reviewed the above requirements with the bidder named below. The following deductibles
apply to the corresponding policy.
POLICY
I I
DEDUCTIBLES
Liability policies are _ Occurrence _ Claims !\1ade
Insurance Agency
Signature
.
~TDDERS STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full
with all the requirements.
Bidder
Signature
INSCKLST 4
Administration Instruction
14709.2
1996 Edition
\VORKERS' COMPENOA TION
INSURANCE REQUIREl\-lENTS
FOR
CONTRACf
,
BET\VEEN
}\-lONROE COUNTY, FLORIDA
AND
Prior to the commencement 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 v.ith limits of not less
than:
S100,000 Bodily Injury by Accident
S500,000 Bodily Injury by Disease, policy limits
S100,000 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 authorlzed 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 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
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 func
upon request from the County.
\Vel
AdmiOlstration Instrucllon
147092
1996 Edition
\\'ORKERS' COl\{~NSA TION
INSURANCE REQUIREMENTS
FOR
CONTRACf
I '
BET\VEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract involves Maritime Operations, the Contractor's
Workers' Compensation InsuranCe Policy shall include coverage for claims subject to the Federal Jom
Act (46 U.S.C.A. subsection 688) with limits not less than those specified for Employer's Liability.
The Contractor shall be permitted to provide Jones Act Coverage through a separate Protection and
Indemnity Policy, in so far as the coverage provided is no less restrictive than would have been provic
by a Workers' Compensation policy. I
'\'CJ A
AdmlOlSlr3110n Instruction
U 70Q "]
1996 Edition
GENERAL LIABIJ.-:TV.
INSURANCE REQUIREl\IENTS
FOR
CONTRACT
,
BETWEEN
MONROE COUNTY, FLORIDA
AND
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:
. Premises Operations
. Products and Completed Operations
. Blanket Contractual Liability .
. Personal Injury Liability
. Expanded Defmition of Property 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 Form policy is preferred. Ifcoverage 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 e>.."tend 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.
GLI
Administration Instruction
'4709.2
1996 Edilion
VEHICLE LIABILil'=r e.
INSU~~CE REQUIREMENTS
FOR
CONTRAcr
BETWEEN
AfONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor,
prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be
maintained throughout the life of the contract and includ~ as a minimum, liability coverage for:
. Owne~ Non-Owned, and Hired V chicles
The minh"um limits acceptable shall be:
. $100,000 Combined Single Limit (CSL)
.t
If split limits are provide~ the minimum limits acceptable shall be:
. .
S 50,000 per Person
$100,000 per Occurrence
$ 25,000 Propeny Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
VLl
Admimsarallun Instruction
M4 709 2
KO
1996 Edicioa
'''A TER CRAFT LIAnll.J.T_~
INSURANCE REQUlREJ\fl!;N1'S
FOR
CONTRACT
, '
BE1\\'EEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract; the Contractor shall obtain
Water Craft Liability Insurance with terms no less restrictive than those found in the
standard" American Institute Hull Clauses" (June 2, 1977 edition). Coverage shall be
maintained throughout the life of the contract and include, as a minimum:
· Injury (mcluding death) to any Person
· Damage to FIXed or Movable Objects
· Costs Associated with the Removal of Wrecked Vessels
· Contractual Liability with Respect to this Contract
If the policy obtained states that coverage applies for the "ActslJr Omissions of a Vessel",
it shall be endorsed to provide coverage for the legal liability of the shipowner.
The minimum limits acceptable shall be:
$500,000 Combined Single Limit (CSL)
Coverage provided by a Protection and Indemnity Club (P~I) shall be subject to the
approval of the County.
.~.
The Monroe County Board of CoUnty Commissioners shall be named as Additional
Insured on all policies i~ed to satisfy the above requirements.
\VLl
Admlnl5lra.ion In~muc.ion
U 709 2
ACO{lDN CERTIFICATE OF LIABILITY INSURANCl;s~~~lRz T DATE (MMlDDIVY)
06/08/0F
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Hugh Cotton Insurance, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. Box 1701 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Orlando FL 32802. INSURERS AFFORDING COVERAGE
Phone:407-898-1776 Fax:407-894-5278
INSURED INSURER A: Commercial Union Insurance Co.
INSURER B:
A.S.A.P., Inc. INSURER c:
P.O. Box 804 INSURER 0:
Tavernier FL 33070
I 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 MAYBE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AlL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
f1Ji/SR TYPE OF INSURANCE POLICY NUMBER ~~f~rMMlDOivYi . DATE"MMlDDiYVl LIMITS
LTR
~NERAL LIABILITY EACH OCCURRENCE 51,000,000
A X COMMERCIAL GENERAL LIABILITY CZJH20236 06/09/01 06/09/02 FIRE DAMAGE (Anyone fire) 550,000
I CLAIMS MADE ~ OCCUR MED EXP (Anyone person) 55,000
X Protection &: PERSONAL & ADV INJURY 51,000,000
Indemni ty Incl. GENERAL AGGREGATE 52,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS. COMP/OP AGG 51,000,000
4 .h-PRO- n
POLICY JECT LOC
AUTOMOBILE LlAliILITY COMBINED SINGLE LIMIT
---=- 5
ANY AUTO (Ea accident)
-
- ALL OWNED AUTOS BODILY INJURY
5
SCHEDULED AUTOS iO)f6 _ (Per person)
-
'\ffi'''C
- HIRED AUTOS ,';'~'"'-:(".'" ~.' '.'. BODILY INJURY
5
NON-QWNED AUTOS (Per accident)
-
,,\ '\ I' I PROPERTY DAMAGE
l/l \ ~ 0 L_." (Per accident) 5
GARAGE LIABILITY r. / AUTO ONLY. EA ACCIDENT 5
=l ANY AUTO \.t. _\'C:S_ EAACC 5
. ..... OTHER THAN
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AUTO ONLY: AGG 5
EXCESS LIABILITY %'~ J EACH OCCURRENCE 5
=:J OCCUR 0 CLAIMS MADE AGGREGATE 5
/ . 'cJ./- (),J 5
==i DEDUCTIBLE 5
RETENTION 5 5
WORKERS COMPENSATION AND ~ i TORY LIMITS i T~Ei(
EMPLOYERS' LIABILITY K Ct11 (Y\ ( ro<ee 5
E.L. EACH ACCIDENT
E.L. DISEASE. EA EMPLOYEE S
E.L. DISEASE - POLICY LIMIT 5
OTHER
.
DESCRIPTION OF OPERATIONSllOCATIONSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Monroe County, Board of County Commisioners named as Additional Insured
regarding General Liability. Fax #305-295-4317 (Attn: Kim McGee)
CERTIFICATE HOLDER I y I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION
MONROE 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
Monroe County, Board of County DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRmEN
Commissioners. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
5100 College Road -----..
Public Svc Bldg-Wing IV-RIn 410 IMPOSE NO OBLIGATION OR 7'Ll' J: ANY KIND UPON THE INSURER, ITS AGENTS OR
Key West FL 33040 REPRESENTATIVES. I/J ---4- ~. A
AUTHORIZED REPRESENT~ \" ~~ -<.~.-I/ _A ~...~_
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1 Huah Cotton I urance, Inc.
ACORD 25-S (7/97) &ACORD CORPORA~ION .
Sent By: RENAISSANCE SOLUTIONS
972-542-3771j
Jun-6-01 8:51AMj
Page 1/2
~ CERTIFICATE OF LIABILITY INSURANCE I CIll1W'lCATI NO.1 DATI
vca.t...,.1,4JQO
1/1/01 "".1) M
PIIODIICD THIS CERTlFICAn ..ISSUED AS A MATTER Of INFORMAnoN
Hanafin 8&~a. . AM5U~~.~~. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
11.. walnut HIll Lane .1081 HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR
Oall.., TX 75~31 ALTER THE COVEIltAGE AFFORDED BY THE POLICIES BELOW.
214-)46-1~01 fax. 425-671-466'
INSUReRS AFFORDING COVERAGE
. .
lNIUIlID INSURER Ai. _ncan C..ualtyJI}.'Co. Qf R..ding P.nn.ylvani
ASAP, 1m:.
P. o. BOX llU'l 'N1IUq. ..
T~~rniec, FL ))070 INSUAERC: ----_.~--
305-852-4554 fax: )OS-15~-455' .- .-
INSuREft c:
INSuRl!" l!:
COVERAGE$
THE POLICIES 01' INSURANCE lISTBl BELOW HAVE BEEN lSSUeo TO THI! IN$U~O NAM!O ABOVe: fO~ THe ItOLlCV ~l!ftlOO INDICATED. NOTWITHSTANOINO
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTlI'lCATE MAY lIE ISSuED OR
MAY PERTAIN. THE INSUMNCE AFfORDED BY THE POliCIES DE~8ED HEREIN IS SUBJECT TO A~ THE TERMS. EXCl.US\OIIlS AND CONDITlONS OF SUCH
POLICIES. AGGREGATE liMITS SHOWN MAY HAve BeEN ReDU~U Ity ~'O ClAIMS.
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~ Tn'E Cll' lNIURIUlCa lOOUl:T NUMIII! .rncmw Gift, L....
QIN.RAL UAKJTY T EACH OCCUIlRl!NCE I
COMMERCIAl. GENEML UI\8IlITY , FIRE ~ (..,_..., S
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OI1'I.OTEIlI' UMIUTl' E.\.. EAOlACClDeNT . 1.000.000
;
A , E\.. DISfAN' .FAE~YEE I 1.000.000
IE.L. Ct8lllllE POLICY \.IMIT S 1.000,000
OTMI" I
H- LIMIT .
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otsc:aP'nDN 01' Cll'DA~~11/PCUIIIClM ADDED lIT iftIICM.....ImlNc:w.~_
1. Insured 1. .f[u~u.d workers Compen..tion ~ smploy~~a Liability.. a co-employer under thl!!' pc>lir:y for etaplcye..
1....4 f~om ANS Staff r~A.1ng. Inc.
CERTIFICATE HOLDER I I oIlIlDrTlOlUlL INIUllID: ...." LETTI": CANCELLATION
IMOULD AlfYOI' 'IME MO'ft IIRC_W I'OI.ICIU. CNCIUiDlIIfQM THlIX"UoTlllll
Monroe County Florid. lIAft TIlIMOF. THIi lIIUIllG \IIIIUIWt WILL IllllEAVOft TO tIIM 2!L. DAft WlVFTEIl
At~Antion - Community Service. NOl1C& 10 'IME Cllml'lCAn HOUlIft _ TO 'lMt LIFT. WT FIIILUlIS TO DO.., ItW.L
5100 College Roa~ I~ NO OIIl.IGAllCllt OR LlA8lUTT OF NlY KIICI UPON THllNIUR1l~ "" ~ 011
Key West, PI. Hll40
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AUIl4OIUIIO IlEl'RdlN'f'ATMi r-'~e'6 "
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ACORD ZI-$ (1117)
<tACORD CORPORATION 1111
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f Y 3- April 22. 199:\
11Il "rinting
MONROE COUNTY, FLORIDA
.....
Request For W ~tiver
or
Insur.lnce Requirements
o.~g.-cV
D^TE~(DZ.
INITIM.
I
.~
It is requested that the insurance requirements, as specified in the County's Schedule of Insurance
Requirements, be waived or modified on the following contract. . -
Conlractor:
A.S.A.P.. Inc.
Contracl for:
Marine Projects
Address of Contractor.
PO Box 804
Tavenier. PI 33070
Phone:
(305) 852-4554
Scope of Work:
Channel Harker Insta1lation/Repair, Derelict Vessel Remova1
Boating Restricted Area aids to navigation, maintanancel
new insta11ation.
--
Reason for Waiver.
Vehicles not used for work
Signature of Contractor:
"
Appl'
Not Approved
Risk Management
a..w~~
"i$----j Z- ~ J tJ eJ
I I
Date
County Administralor appeal:
Approved:
Nol Approved:
Dale:
Board of County Commissioners appc.'1I:
Approved:
Not Approved:
Mccting Dale:
--/
WAIVER