ILA Assignment & Amendment 10/18/2006
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
November 6, 2006
TO:
Lynda Stuart, Office Manager
Tourist Development Council
ATTN:
FROM:
Maxine Pacini
Administrative Assistant
Pamela G. Han~
Deputy Clerk
At the October 18, 2006, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
Fishing Umbrella Event Agreements for Fiscal Year 2007 as follows: Take Stock in
Children Back Country Challenge, October 13-15, 2006, in the amount of $2,350.00; Islamorada
Sailfish Tournament, November 30, 2006 to December 3, 2006, in the amount of $6,000.00; Key
West Fishing Tournament, Inc., December 1, 2006 through November 30, 2007, in the amount of
$45,000.00;, Don Gurgiolo Sailfish Classic, December 7-9, 2006, in the amount of $3,300.00;
Islamorada Junior Sailfish Tournament, December 15-17, 2006, in the amount of $1,700.00; Key
Largo Sailfish Tournament, January 5-7,2007, in the amount of$3,850.00; The Outdoor Channel
Offshore Classic, January 14-27, 2007, in the amount of $5,000.00; Hog's Breath King Mackeral
Tournament, January 26-28, 2007, in the amount of $17,000.00; Islamorada Women's Sailfish
Tournament, February 4-6, 2007, in the amount of $2,000.00; 9th Annual Capt. Leon Shell
Memorial Sailfish Tournament, March 2-4, 2007, in the amount of $10,000.00; Islamorada
All-Tackle Spring Bonefish Tournament, March 27-30, 2007, in the amount of $1,500.00; Ocean
Reef BTU Backbone Classic, April 15-17, 2007, in the amount of $5,350.00; World Sailfish
Championship, April 17-21, 2007, in the amount of $37,500.00; Tarpon Tournament, April 28,
2007 to May 3, 2007, in the amount of $3,000.00; Key Largo Dolphin Blast, April 29, 2007 to
May I, 2007, in the amount of $3,350.00; 21" Annual Faro Blanco Invitational Tarpon
Tournament, May 5-10, 2007, in the amount of $3,000.00; 31" Ladies Tarpon Tournament, May
6-7,2007, in the amount of $6,000.00; 41" Annual Marathon International Tarpon Tournament,
May 12-14, 2007, in the amount of$8,000.00; Coconuts Dolphin Tournament, May 18-20, 2007,
in the amount of$12,350.00; Golden Fly Tarpon Tournament, May 20-23,2007, in the amount of
$1,500.00; Yamaha Dolphin Masters Invitational, May 26, 2007, in the amount of $1,000.00;
Don Hawley Tarpon Tournament, June 3-8, 2007, in the amount of $1,500.00; Big Pine & Lower
Keys Dolphin Tournament, June 15-27, 2007, in the amount of $9,000.00; Gold Cup Tarpon
Tournament, June 17-22, 2007, in the amount of $1,500.00; Burdines Waterfront 7th Annual
Dolphin and Blackfin Fun Fish!, June 22-24, 2007, in the amount of $6,000.00; Key West Gator
Club Dolphin Derby, June 22-24, 2007, in the amount of $8,000.00; Conch Republic Ladies
Dolphin Championship, June 30, 2007, in the amount of $1,000.00; Del Brown Invitational
Permit Tournament, July 17-20, 2007, in the amount of$I,OOO.OO; Key West Marlin Tournament,
July 18-21, 2007, in the amount of $24,000.00; Dolphin Flashover, July 28-30, 2007, in the
amount of $2,500.00; Redbone @ Largo Little Palm Island Grand SLAM, August 14-16, 2007, in
the amount $5,500.00; Ghost Hunt, September 7-8,2007, in the amount of$4,350.00; Mercury
Slam Celebrity Tournament, September 7-9, 2007, in the amount of $11,000.00; Islamorada
Invitational Fall Fly Bonefish, September 18-21, 2007, in the amount of $1,500.00; Mercury
Baybone Celebrity Tournament, September 28-30, 2007, in the amount of $7,350.00; Mercury
Outboards Bonefishing World Championship Islamorada All-Tackle Bonefishing Tournament,
October 7-12, 2007, in the amount of $1,500.00; "Ladies, Let's Go Fishing!" Islamorada,
October 15, 2007, in the amount of $2,000.00; and Mercury Cheeca/Redbone Celebrity
Tournament, November 30,2007 to December 2,2007, in the amount of$5,500.00.
Grant Award Agreement between Monroe County and Key West Art & Historical Society
for the Custom House Museum Repairs and Improvements project in an amount not to exceed
$70,425, DAC I, FY 2007 Capital Resources.
/Assignment and Amendment to Extend the Agreement between Monroe County and
Artificial Rl,efs of the Keys for the Vandenberg Project to the City of Key West.
Destination Events Agreement between Monroe County and the Lower Keys Chamber of
Commerce, Inc. covering the 6th Annual Lower Keys Jazz Festival on March 25, 2007 in an
amount not to exceed $8,000, DAC II, FY 2207 Event Resources.
Destination Events Agreement between Monroe County and the Upper Keys Rotary
Foundation, Inc. covering the 12th Annual Gigantic Nautical Flea Market on February 24-25,2007
in an amount not to exceed $15,000, DAC IV, FY 2007 Event Resources.
Tum Key Events Agreement between Monroe County and Premiere Racing, Inc. covering
Acura Key West 2007 on January 14-19,2007 in an amount not to exceed $100,000, DAC I, FY
2007 Event Resources.
Turn Key Events Agreement between Monroe County and Upper Keys Community Pool,
Inc. covering Orange Bowl Winter Training & Swim Classic between December 15, 2007 and
January 18, 2008 in an amount not to exceed $30,000, DAC V, FY 2007 Event Resources.
Destination Events Agreement between Monroe County and Upper Keys Association of
Dive and Snorkel Operators, Inc. covering the Island Sun Splash 2007 in an amount not to exceed
$64,400 ($32,200, DAC IV, FY 2007 Event Resources and $32,200, DAC V, FY 2007 Event
Resources).
Grant Award Agreement between Monroe County and Mitchell Wolfson Family
Foundation, Inc. covering the Rehabilitation of the Audubon Geiger House Museum project in an
amount not to exceed $15,000, DAC I, FY 2007 Capital Resources.
Destination Events Agreement between Momoe County and the Gay & Lesbian
Community Center of Key West, Inc. covering PrideFest 2007 on June 3-11, 2007 in an amount
not to excel:d $38,000, DAC I, FY 2007 Event Resources.
Destination Events Agreement between Momoe County and Florida Keys Land & Sea
Trust, Inc. covering the Bahamian Festival on January 26-28, 2007 in an amount not to exceed
$8,000, DAC III, FY 2007 Third Penny Event Resources.
Destination Events Agreement between Momoe County and Islamorada Chamber of
Commerce covering the Florida Keys Holiday Festival on November 20, 2007 to December 1,
2007 in an amount not to exceed $25,000, DAC IV, FY 2007 Event Resources.
Destination Events Agreement between Momoe County and Take Chances at the Helm,
Inc. covering the Tradewinds Open Catamaran Nationals Regatta on January 12-14, 2007 in an
amount not to exceed $20,000, DAC IV, FY 2007 Event Resources.
Destination Events Agreement between Momoe County and Key West Business Guild,
Inc. covering Tropical Heat on April 12-15, 2007 in an amount not to exceed $17,000, DAC I,
FY 2007 Event Resources.
Destination Events Agreement between Momoe County and the Greater Marathon
Chamber olf Commerce, Inc. covering the Original Marathon Seafood Festival on March 17-18,
2007 in an amount not to exceed $25,000, DAC III, FY 2007 Third Penny Event Resources.
Grant Award Agreement between Momoe County and Mote Marine Laboratory, Inc.
covering the Mote Marine Lab Living Reef Exhibit project at the Dr. Nancy Foster Florida Keys
Eco Discovery Center in an amount not to exceed $200,000, DAC I, FY 2007 Capital Resources.
Grant Award Agreement between Momoe County and Key West Film Society, Inc. for
the Tropic Cinema Phase 4 project in an amount not to exceed $40,552, DAC I, FY 2007 Capital
Resources.
Cultural Umbrella Event Agreements for Fiscal Year 2007, as follows: Island Opera
Theatre Concert Series, October I, 2006 to June 30, 2007, in the amount of $20,500.00; "The
Tempest" -- Hurricanes that Tormented Spanish Shipping, 1550-1750, October 1, 2006 to
September 30, 2007, in the amount of $24,433.00; In Their Own Words, The History of the Key
West Lighthouse, October 1, 2006 to September 30, 2007, in the amount of $24,434.00; Key
West Players d/b/a Waterfront Playhouse, October I, 2006 to September 30,2007, in the amount
of $21,000.00; Marathon Community Theatre Season 2006-2007, October 1, 2006 to September
30,2007, in the amount of$20,000.00; Performance at St. Paul's, October 1, 2006 to September
30, 2007, in the amount $5,000.00; Red Barn Theatre/Live Theatre, October 1, 2006 to
September 30, 2007, in the amount of $21,000.00; Purple Isles 41" Annual Members' Judged
Show Two additional Outdoor Shows, November 1, 2006 to March 31,2007, in the amount of
$10,000; South Florida Center for the Arts Season Historic Holiday Candlewalk; 2007 Upper
Keys Concl:rt Series; Bonus Benefit Concert; St. Patrick's Pops in the Park, November 1,2006 to
March 31,2007, in the amount 01'$25,000,00; Pops in the Park, November 1,2006 to April 28,
2007, in the amount 01'$13,570,00; Tennessee Williams Theatre 2006-2007 Season, November 1,
2006 to June 30, 2007, in the amount of $20,000; Impromptu Concerts, November 1, 2006 to
July 31, 2007, in the amount of $13,500,00; The Key West Pops Orchestra, November 11, 2006
to February 3, 2007, in the amount of $9,000,00; "Man's Quest to Explore Under the Sea",
November 15,2006 to September 19, 2007, in the amount 01'$18,068,00; Florida Keys Art Guild
Outdoor Art Festivals, November 25, 2006 to May 28, 2007, in the amount of $21,000,00;
Marathon Garden Club's 2006/2007 Seasonal Events, December 1, 2006 to March 31,2007, in
the amount 01'$18,000,00; Key West Symphony Orchestra 2006-2007 Season, December 2,2006
to June 29, 2007, in the amount of $20,000,00; 47th Annual Key West House & Garden Tours;
45th Annual Conch Shell Blowing Contest, December 29,2006 to March 31,2007, in the amount
01'$13,500,00; Middle Keys Concert Season, January 1, 2007 to March 31,2007, in the amount
of $11,000,00; Sculpture Key West, January 6, 2007 to April 22, 2007, in the amount of
$21,000,00; 25th and 26th Annual Key West Literary Seminar, January 7, 2007 to January 13,
2008, in the amount of $9,000,00; Art Under the Oaks, January 12-13, 2007, in the amount of
$7,565,00; Key West Craft Show, January 27-28, 2007, in the amount of $5,000,00; Civil War
Heritage Days, February 8-11, 2007, in the amount of $5,000,00; Pigeon Key Art Festival,
February 9-11,2007, in the amount of $10,000,00; Old Island Days Art Festival, February 24-25,
2007, in the amount 01'$5,000,00; Robert Frost Poetry Festival, April 11-15, 2007, in the amount
of $5,000,00; Harry S, Truman Legacy Symposium & Exhibit: Los Alamos to the Everglades;
Truman's Environmental Legacy, June 7-9, 2007, in the amount of $15,000,00; 23,d Annual
Underwater Music Festival, July 14, 2007, in the amount of $9,500,00; and Florida Keys Birding
and Wildlife Festival, September 28-30, 2007, in the amount 01'$8,738,00,
Grant Award Agreement between Monroe County and the Dolphin Research Center, Inc,
for the Dolphin Research Center Hurricane Recovery project in an amount not to exceed $47,200,
DAC III, FY 2007 Capital Resources,
Interlocal Agreement between Monroe County and the City of Key West in an amount not
to exceed $43,750, DAC I, FY 2007 Capital Project Resources for the White Street Pier Rip Rap
Installation project.
Interlocal Agreement between Monroe County and the City of Key West for the Beach
Renourishment Project in an amount not to exceed $77,550, DAC I, FY 2007 Capital Project
Resources,
Addendum to Agreement between Monroe County and Dolphin Research Center, Inc, for
the Fish Freezer and Restoration of the Front Sign project.
Agreement between Monroe County and Islamorada Village of Islands for the Beach
Maintenance Services in an amount not to exceed $59,408, DAC IV, FY 2007 Capital Resources,
Interlocal Agreement between Monroe County and the City of Key West for use of
Tourist Development Funds for the Vandenberg Project in an amount not to exceed $750,000,
DAC I, Capital Resources ($375,000, DAC I, FY 2007, Capital Project Resources; $375,000,
DAC I, FY 2007, Capital Project Resources).
Destination Events Agreement between Monroe County and Islamorada Chamber of
Commerce, Inc. covering the 16th Annual Florida Keys Island Festival on May 19-20, 2007 in an
amount not to exceed $35,000, DAC IV, FY 2007 Event Resources.
Enclosed are two duplicate originals of each of the above-mentioned for your handling.
Should you have any questions please do not hesitate to contact this office.
cc: COUJnty Attorney
Finance
File
1~SSIGNMENT AND AMENDMENT TO EXTEND THE AGREEMENT
BETWEEN
MONROE COUNTY AND ARTIFICIAL REEFS OF THE KEYS
AND
THE CITY OF KEY WEST
This ASSig/~nt and E>st~ of Agreement (Assignment) is made and
entered into this day of 01 2006, between Monroe County (County),
Artificial Reefs of the Keys (Assignor) and the City of Key West (Assignee).
WHEREAS, an Agreement was entered into on March 22, 2001, attached
hereto, between County and Assignor to allocate $250,000.00 from Tourist
Development Tax capital projects funds for the sinking of the Vandenberg (the
Vandenberg Project); and
WHEREAS, the Agreement was amended on June 19, 2002; June 18,
2003; May 19, 2004 and July 20, 2005 to extend the Agreement and the allocation
of funds; and
WHEREAS, Assignor wishes to assign the funding allocation to the
Assignee; and
WHEREAS, the Assignee requests an extension of the Agreement to
September 30, 2008; and
WHEREAS, Assignee is qualified and has agreed to use the funds for the
Vandenberg Project;
NOW THEREFORE, the above parties agree as follows:
1. Assignee shall assume all obligations and responsibilities of Assignor
under the agreement dated March 22, 2001 and amended June 19, 2002;
June 18, 2003; May 19, 2004 and July 20, 2005.
2. Paragraph 1 of the Agreement dated March 22, 2001, shall read as follows:
1. Agreement Period. This Agreement is for the period October 1,2006 or
upon date of execution, whichever is earlier, through September 30, 2008.
This Agreement shall remain in effect for the stated period unless one party
gives to the other written notification of termination pursuant to and in
compliance with paragraphs 7, 12 and 13 below.
Vandenberg Extension & Assignment 2006
3. County approves and consents to the Assignment of the Agreement dated
March 22, 2001 and amended June 19, 2002; June 18, 2003; May 19,
2004 and July 20, 2005, from Assignor to Assignee.
4. All other provisions of the Agreement dated March 22, 2001 and amended
Jlune 19, 2002; June 18, 2003; May 19, 2004 and July 20, 2005, not
inconsistent herewith, remain in full force and effect.
IIN WITNESS WHEREOF, the parties have set their hands and seal on the
day and year first above written.
Art~1 ~f the Keys, Assign
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President
Print Name:C~ t' 1 ~ R 'lJ O~ ~ Dod
City of Key West Assignee
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Deputy Clerk
BOARD OF COUNTY
COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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Mayor/Chairman
MONROE COUNTY ATTORNEY
APPROV 0 AS TO FORM:
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Vandenberg Extension & Assignment 2006
M. GRIMSLE
COUNTY ATTOIINEV
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ADDENDUM TO AGREEMENT
THIS ADDENDUM to agreement dated the dO \J. day Of:TlL~ 2005, is entered into by and
between the Board of County Commissioners for Monroe ounty, on behalf of the Tourist
Development Council, and Artificial Reefs of the Keys, a Florida not-for-profit corporation.
WHEREAS, there was a contract entered into on March 22, 2001, between the parties,
awarding $250,ClOO to Artificial Reefs of the Keys for the Vandenberg Project, and
and
WHEREAS, the contract was amended on June 19, 2002; June 18, 2003 and May 19, 2004;
WHEREAS, it has become necessary to extend the contract for an additional period of time in
order to complete the project;
NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties
agree to the amended agreement as follows:
1. Contract period as outlined in Paragraph 1 shall be extended to September 30, 2006.
2. This project shall be completed and invoices submitted to the County Finance
Department no later than September 30, 2006. The Grant-in-Aid funds must be expended by
September 30, 2006. No funds will be available for use for this project agreement after September
30, 2006.
3. The remaining provisions of the contract dated March 22, 2001, Amended June 19,
2002, June 18, 2Cl03 and May 19, 2004 remain in full force and effect.
IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first
above written.
(SEAL)
ATTEST:
Artificial R
~~:o
resident
(SEAL)
ATTES~ DANNYl.KOLHAGE,CLERK
BOARD OF COUNTY
COMMISSIONERS OF
MONROE COUNTY, FLORIDA
"t~Ju >n ~&U
Cl~A~
DepGty Clerk
Mayor/Chairman
.
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ADDENDUM TO AGREEMENT
THIS ADDEINDUM to agreement dated the /t; tiday of fll A / 2004, is entered into by and
between the Board of County Commissioners for Monroe County, on behalf of the Tourist
Development Council, and Artificial Reefs of the Keys, a Florida not-far-profit corporation. .
WHEREAS, there was a contract entered into on March 22, 2001, between the parties,
awarding $250,000 to Artificial Reefs of the Keys for the Vandenberg Project, and
WHEREAS, the contract was amended on June 19, 2002 to allow for an extension of
agreement to September 30, 2003, and
WHEREAS, the contract was amended on June 18, 2003 to allow for an extension of
agreement to March 14,2004, and to revise Insurance Requirements, and
WHEREAS, it has become necessary to extend the contract for an additional period of time in
order to complele the project;
NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties
agree to the amended agreement as follows:
1. Contract period as outlined in Paragraph 1 shall be extended to March 15, 2005.
2. This project shall be completed and invoices submitted to the County Finance
Department no later than March 15, 2005. The Grant-in-Aid funds must be expended by March 15,
2005. No funds will be available for use for this project agreement after March 15, 2005.
3. Thl~ remaining provisions of the contract dated March 22, 2001, Amended June 19,
2002 and June 18, 2003, remain in full force and effect.
IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first
above written.
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(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY
COMMISSIONERS OF
MONROE COUNTY, FLORIDA
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" APPROVED A . Fr . yor/Chairman
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J2~c.
Deputy Clerk
ADDENDUM TO AGREEMENT
THIS ADDENDUM to agreement dated the /f'f7iday of JJNr 2003, is entered into by and
between the Board of County Commissioners for Monroe County, on behalf of the Tourist
Development Council, and Artificial Reefs of the Keys, a Florida not-for-profit corporation.
WHEREAS, there was a contract entered into on March 22, 2001, between the parties,
awarding $250,000 to Artificial Reefs of the Keys for the Vandenberg Project, and
WHEREAS, the contract was amended on June 19,2002 to allow for an extension of agreement to
September 30, :W03, and
WHERE..\S, it has become necessary to extend the contract for an additional period of time in
order to complete the project; and
WHEREAS, it has become necessary to include additional insurance requirements,
NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties
agree to the amended agreement as follows:
1. Contract period as outlined in Paragraph 1 shall be extended to March 15, 2004.
2. Exhibit A shall be added to the original Agreement to meet the Water Craft Liability
Insurance Requirements, and Exhibit B shall be added to original Agreement to meet the Workers
Compensation requirements.
3. The remaining provisions of the contract dated March 22, 2001 and Amended June 19,
2002, remain in full force and effect.
IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first
above written.
s of Ithe Keys
~
Pr-esident -<1..
. (SEAL)'>
ATTEST: Df',NNY L. KOLHAGE, CLERK
r'
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Deput Clerk
BOARD OF COUNTY
COMMISSIONERS OF
MO!'l'Y?S CQW'tTY, F,O~DA .
,,{/./u //7. ~
Mayor/Chairman
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EXHIBIT A
WATER CRAFT LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
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 (including 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 "Acts or Omissions of a
Vessel", it shall be endorsed to provide coverage for the legal liability of the shipowner.
The minimum limits acceptable shall be:
$1 Million Combined Single Limit (CSL)
Coverage provided by a Protection and Indemnity Club (P&I) shall be subject to the
approvall of the County.
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
WL2
EXHIBIT B
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract involves Maritime Operations, the
Contraetor's Workers' Compensation Insurance Policy shall include coverage for claims subject
to the Federal Jones Act (46 U.S.C.A. subsection 688) with limits not less than those specified
for Em]oloyer'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 provided by a Workers' Compensation policy.
ADDENDUM TO AGREEMENT
r; t'
THIS ADDENDUM to agreement dated the 11 day Of--1l'N y, 2002, is entered
into by and between the Board of County Commissioners for Monroe County, on behalf
of the Tourist Development Council, and Artificial Reefs of the Keys, a Florida not-for-
profit corporation,
WHEREAS, there was a contract entered into on March 22, 2001, between the
parties, awarding $250,000 to Artificial Reefs of the Keys for the Vandenberg Project,
and
WHEREAS, it has become necessary to extend the contract for an additional
period of time in order to complete the project; and
NOW, THEREFORE, in consideration of the mutual covenants contained herein
the parties agree to the amended agreement as follows:
1. Contract period as outlined in Paragraph 1 shall be extended to
Septembl3r 30, 2003.
2. The remaining provisions of the contract dated March 22, 2001, remain in
full force and effect.
IN WITNESS WHEREOF, the parties have set their hands and seal on the day
and year 1'irst above written.
(SEAL)
ATTEST:
Mfid., R,ee" of 'he K"'i&t~
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY
COMMISSIONERS OF
MONROE COUNTY, FLORIDA
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---=tleput{ Clerk
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Mayor/Chairman
,
GRANT OF FUNDS
This AGREEMENT dated theL 2--. day 0~0:H2001, is entered into by and between
the BOARD OF COUNTY COMMISSIONERS F R MONROE COUNTY, hereinafter "County," on
behalf of the! TOURIST DEVELOPMENT COUNCil, hereinafter "TDC" and Artificial Reefs of the
Keys a Florida not-for-profit corporation, hereinafter" Contractor".
WHEREAS, the third penny of Tourist Development Tax may be used to acquire, construct,
extend, enlarge, remodel, repair, improve, maintain, or promote museums, zoological parks,
fishing piers, nature centers or sports arenas which are publicly owned and operated or owned
and operated by not-for-profit corporations, and
WHEREAS, Contractor has applied for funding for the Vandenberg project to
acquire/remodel/construct the zoological park/nature center hereinafter "the Project"; and
WHEREAS, the County and TDC have determined that it is in the best interest of the
County, for purposes of promoting tourism and preserving the heritage of the community, to
acquire, construct, repair and rehabilitate the project for use as a zoological park/nature center
open to the public;
NOW,. THEREFORE, in consideration of the mutual covenants and payments contained
herein, the Contractor and the County have entered into this agreement on the terms and
conditions as set forth below.
1. AGREEMENT PERIOD. This agreement is for the period March 22, 2001 through
September 30, 2002. This agreement shall remain in effect for the stated period unless one party
gives to the other written notification of termination pursuant to and in compliance with paragraphs
7,12 and 13 below.
2. SCOPE OF AGREEMENT. The Contractor shall provide a zoological park/nature center by
sinking a vessel with appropriate federal and state permits for the establishment of an artificial
reef.
3. AMOUNT OF AGREEMENT AND PAYMENT. The County shall provide an amount not to
exceed $250,,000 to be paid upon the completion of the project. The Board of County
CommissionEirs and the Tourist Development Council assume no liability to fund this agreement
for an amount in excess of this award. Payment shall be made to Contractor upon presentation of
invoice and other documentation necessary to prove that the project has been completed.
Monroe County's performance and obligation to pay under this agreement is contingent upon an
annual appropriation by the BOCC.
4. REPORTS. The Contractor shall provide financial reports in summary of activity on forms
provided or approved by the TDC, and quarterly narrative reports of activity under the approved
work plan. The Contractor shall keep such records as are necessary to document the
performance of the agreement and expenses as incurred, and give access to these records at the
request of the TDC, the County, the State of Florida or authorized agents and representatives of
said government bodies. It is the responsibility of the Contractor to maintain appropriate records
to insure a proper accounting of all funds and expenditures. The Contractor understands that it
Artificial Reefs al the Keys
Capital Project Funding FY 2001
shall be responsible for repayment of any and all audit exceptions which are identified by the
Auditor General for the State of Florida, the Clerk of Court for Monroe County, the Board of
County Commissioners for Monroe County, or their agents and representatives. In the event of an
audit exception, the current fiscal year grant award or subsequent grant awards will be offset by
the amount of the audit exception. In the event the grant is not renewed or supplemented in future
years, the Contractor will be billed by the County for the amount of the audit exception and shall
promptly repay any audit exception.
5. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the terms of this
agreement shall be only amended in writing and approved by the Board of County Commissioners
for Monroe County.
6. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the
Contractor is an independent contractor and not an employee of the Board of County
Commissioners of Monroe County. No statement contained in this agreement shall be construed
as to find the Contractor or any of its employees, contractors, servants or agents to the employees
of the Board of County Commissioners of Monroe County, and they shall be entitled to none of the
rights, privileges or benefits of employees of Monroe County.
7. COMPLIANCE WITH LAW. In carrying out its obligations under this agreement, the
Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating
the provisions of this agreement, including those now in effect and hereafter adopted. Any
violation of said statutes, ordinances, rules or regulations shall constitute a material breach of this
agreement and shall entitle the County to terminate this agreement immediately upon delivery of
written notice of termination to the Contractor.
8. RESTRICTIONS ON AGREEMENTS ENTERED PURSUANT TO THIS AGREEMENT. The
Contractor shall include in all agreements funded under this agreement the following terms:
a) Anti-discrimination. Contractor agrees that they will not discriminate against any
employees or applicants for employment or against persons for any other benefit or service under
this agreement because of their race, color, religion, sex, national origin, or physical or mental
handicap whe~re the handicap does not affect the ability of an individual to perform in a position of
employment, and to abide by all federal and state laws regarding non-discrimination.
b) Antn-kickback. Contractor warrants that no person has been employed or retained to
solicit or secure this agreement upon an agreement or understanding for a commission,
percentage, brokerage or contingent fee, and that no employee or officer of the Contractor has
any interest, financially or otherwise, in Contractor. For breach or violation of this warranty, the
Contractor shi311 have the right to annul this agreement without liability or, in its discretion, to
deduct from the agreement price or consideration, the full amount of such commission,
percentage, brokerage or contingent fee. Contractor acknowledges that it is aware that funding
for this agreement is available at least in part through the County and that violation of this
paragraph may result in the County withdrawing funding for the project.
c) Hold harmless/indemnification. Contractor acknowledges that this agreement is funded
at least in part by the County and agrees to indemnify and hold harmless the County and any of its
officers and employees from and against any and all claims, liabilities, litigation, causes of action,
damages, costs, expenses (including but not limited to fees and expenses arising from any factual
investigation, discovery or preparation for litigation), and the payment of any and all of the
foregoing or any demands, settlements or judgments (collectively claims) arising directly or
indirectly from any negligence or criminal conduct on the part of Contractor in the performance of
the terms of this agreement. The Contractor shall immediately give notice to the County of any
Artificial Reefs of the Keys
Capital Project Funding FY 200 1
2
suit, claim or action maat:l against the Contractor that is related to the activity under this
agreement, and will cooperate with the County in the investigation arising as a result of any suit,
action or claim related this agreement.
d) Insurance. Contractor agrees that it maintains in force at its own expense a liability
insurance policy which will insure and indemnify the Contractor and the County from any suits,
claims or actions brought by any person or persons and from all costs and expenses of litigation
brought against the Contractor for such injuries to persons or damage to project occurring during
the agreemelnt or thereafter that results from performance by Contractor of the obligations set
forth in this agreement. At all times during the term of this agreement and for one year after
acceptance of the project, Contractor shall maintain on file with the County a certificate of the
insurance of the carriers showing that the aforesaid insurance policy is in effect. The following
coverage's shall be provided:
1. Workers Compensation insurance as required by Florida Statutes.
2. Commercial General Liability Insurance with minimum limits of $500,000 per occurrence
for bodily injury, personal injury and property damage.
3. Comprehensive Auto Liability Insurance with minimum limits of $300,000 combined
single limit per occurrence.
The Contractor, the County and the TDC shall be named as additional insured, exempt workers
compensation. The policies shall provide no less than 30 days notice of cancellation, non-renewal
or reduction of coverage.
At all times during the term of this agreement and for one year after acceptance of the project,
Contractor shall maintain on file with the County a certificate of insurance showing that the
aforesaid insurance coverage's are in effect.
e) Licensing and Permits. Contractor warrants that it shall have, prior to commencement of
work under this agreement and at all times during said work, all required licenses and permits
whether federal, state, County or City.
9. HOLD HARMLESS/INDEMNIFICATION. The Contractor hereby agrees to indemnify and
hold harmless the BOCC/TDC and any of its officers and employees from and against any and all
claims, liabilities, litigation, causes of action, damages, costs, expenses (including but not limited
to fees and expenses arising from any factual investigation, discovery or preparation for litigation),
and the payment of any and all of the foregoing or any demands, settlements or judgments arising
directly or indirectly under this agreement. The Contractor shall immediately give notice to the
County of any suit, claim or action made against the County that is related to the activity under this
agreement, 81nd will cooperate with the County in the investigation arising as a result of any suit,
action or claim related to this agreement.
10. ANTI-DISCRIMINATION. The Contractor agrees that they will not discriminate against
any of their employees or applicants for employment or against persons for any benefit or service
because of their race, color, religion, sex, national origin, or physical or mental handicap where
the handicap does not affect the ability of an individual to perform in a position of employment,
and to abide by all federal and state laws regarding non-discrimination.
11. ANTI-. KICKBACK. The Contractor warrants that no person has been employed or retained
to solicit or secure this agreement upon an agreement or understanding for a commission,
percentage, brokerage or contingent fee, and that no employee or officer of the County or TDC
has any interest, financially or otherwise, in the said funded project, except for general
membership. For breach or violation of this warranty, the County shall have the right to annul this
agreement without liability or, in its discretion, to deduct from the agreement price or
consideration, the full amount of such commission, percentage, brokerage or contingent fee.
Artificial Reefs of the Keys
Capital Project Funding FY 2001
3
12. TERMINATION. This agreement shall terminate on September 30,2002. Termination
prior thereto shall occur whenever funds cannot be obtained or cannot be continued at a level
sufficient to allow for the continuation of this agreement pursuant to the terms herein. In the event
that funds cannot be continued at a level sufficient to allow the continuation of this agreement
pursuant to the terms specified herein, this agreement may then be terminated immediately by
written noticle of termination delivered in person or by mail to Contractor. The County may
terminate this agreement without cause upon giving written notice of termination to provider. The
County shall not be obligated to pay for any services or goods provided by Contractor after
Contractor has received written notice of termination.
13. TERMINATION FOR BREACH. The County may immediately terminate this agreement
for any breach of the terms contained herein. Such termination shall take place immediately upon
receipt of written notice of said termination. Any waiver of any breach of covenants herein
contained to be kept and performed by Contractor shall not be deemed or considered as a
continuing waiver and shall not operate to bar or prevent the County from declaring a forfeiture for
any succeeding breach either of the same conditions or of any other conditions. Failure to provide
County with certification of use of matching funds or matching in-kind services at or above the rate
of request for reimbursement or payment by contractor is a breach of agreement, for which the
County may terminate this agreement upon giving written notification of termination.
14. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties
hereto with rl3Spect to the subject matter hereof and supersedes any and all prior agreements with
respect to such subject matter between the Contractor and the County.
15. CONSENT TO JURISDICTION. This agreement, its performance, and all disputes arising
hereunder, shall be governed by the laws of the State of Florida, and both parties agree that the
proper venUE' for any actions shall be in Monroe County.
16. ETHICS CLAUSE: Contractor warrants that he has not employed, retained or otherwise
had act on his behalf any former County officer or employee in violation of Section 2 or Ordinance
No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990.
For breach or violation of the provision the County may, at its discretion terminate this agreement
without liabili1y and may also, at its discretion, deduct from the agreement or purchase price, or
otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid
to the former or present County officer or employee.
17. PUBLIC ENTITY CRIME STATEMENT: A person or affiliate who has been placed on the
convicted vendor list following a conviction for public entity crime may not submit a bid on an
agreement to provide any goods or services to a public entity, may not submit a bid on a
agreement with a public entity for the construction or repair of a public building or public work, may
not submit bids on leases of real property to public entity, may not be awarded or perform work as
a Contractor, supplier, sub-contractor, or consultant under a agreement with any public entity, and
may not transact business with any public entity in excess of the threshold amount provided in
Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on
the convicted vendor list.
Artificial Reefs of the Keys
Capital Project Funding FY 2001
4
18. AUTHORITY: Contractor warrants that it is authorized by law to engage in the
performance, of the activities encompassed by the project herein described. Each of the
signatories for the Contractor below certifies and warrants that the Contractor's name in this
agreement is the full name as designated in its corporate charter (if a corporation); they are
empowered to act and contract for the Contractor, and this agreement has been approved by the
Board of Dimctors of Contractor or other appropriate authority.
19. LICENSING AND PERMITS: Contractor warrants that it shall have, prior to commencement
of work under this agreement and at all times during said work, all required licenses and permits
whether fedelral, state, County or City.
20. INSUIRANCE: Contractor agrees that it maintains in force at its own expense a liability
insurance policy which will insure and indemnify the Contractor and the County from any suits,
claims or actions brought by any person or persons and from all costs and expenses of litigation
brought against the Contractor for such injuries to persons or damage to project occurring during
the agreement or thereafter that results from performance by Contractor of the obligations set
forth in this agreement. At all times during the term of this agreement and for one year after
acceptance of the project, Contractor shall maintain on file with the County a certificate of the
insurance of the carriers showing that the aforesaid insurance policy is in effect. The following
coverage's shall be provided:
1. Workers Compensation insurance as required by Florida Statutes.
2. Commercial General Liability Insurance with minimum limits of $500,000 per occurrence
for bodily injury, personal injury and property damage.
3. Comprehensive Auto Liability Insurance with minimum limits of $300,000 combined
single limit pElr occurrence.
The Contractor, the County and the TDC shall be named as additional insured, except workers
compensation. The policies shall provide no less than 30 days notice of cancellation, non-renewal
or reduction of coverage.
At all times dlJring the term of this agreement and for one year after acceptance of the project,
Contractor shall maintain on file with the County a certificate of insurance showing that the
aforesaid insurance coverage's are in effect.
21. NOTICE. Any written notice to be given to either party under this agreement or related
hereto shall be addressed and delivered as follows:
For Artificial Reefs of the Keys: Jeff Dey, CEO
Resource Control Corporation
103 Wills St.
Rancocas, NJ 08073
For County: Lynda Stuart
Monroe County Tourist Development Council
1201 White Street, Suite 102
Key West, FL 33040
and
Suzanne Hutton, Asst. County Attorney
310 Fleming St.
Key West, FL 33040
Artificial Reefs o,f the Keys
Capital Project Funding FY 2001
5
IN WIITNESS WIil::rtEOF, the parties hereto have caused this agreement to be executed
the day and Y~~<lJ:first1ibove written.
,/(1:'-->-~:; \' <.'
j'i'::',<-- . ,
;/", ..-.
(SEAL):!,,' . .
A TTESj:;bANNY L. KOLHAGE, CLERK
BY:.i::b~~C . j;1 >6a'1L-t~
Deputy Clerk/
(SEAL)
ATTEST:
By:
Secretary
Artificial Reefs 01' the Keys
Capital Project Funding FY 2001
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
!?t,Cha;"","
Artificial Reefs of The Keys
6
ACORD,. CERTIFICATE OF LIABILITY INSURANCE I DATE(IIIIOllO/'tYYY
10/12/06
PIIOOUCER 1-551-995-6'706 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Ar1:hur J. CJallagJl.er ai.1t lIanag~t Servie.. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Arthur J. Qallagher &. Co. {Plorida} HOLDER. THIS CER1FICATE DOES NOT AMEND, EXTEND OR
2255 eJlad.. ""ad ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.
suit. 400.
Boe. ..ton, PL 33431
INSURERS AFFORDING COVERAGE NAIC #
...... INSURER A: 1li4we.t -.player. ea. Co .23612
City of Illy ....t
INSURERB: princ.ton Kac... &. Surplu. Lin.. In. 10786
PO Box 1409 INSURERC:
Key ...t . PL 33041-1409 INSURER D:
INSURER E;
COVERAGES
THE POLICIES OF INSURANCE LISTED BElOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUey PERIOD INDICATED. NOlWlTHSTANDlNG
AllY REQUIREMENT, TE:RM OR CONOITJON OF ANY cotfTRACT OR OTHER IX)ClJMENT WrrH RESPECT TO WHICH THlS CERTIFICATE MAY BE ISSUe> OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS, EXClUSIONS AND CONDITIONS OF SUCH
I~=' AGGREGATE LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAtDCLAlM$.
POLICYNUMBER POLICY EFFECTNE POUCY........_ UIRIll
B ~RALLWILR'f GI-A3-BX-OOOOO51-00 10/01/06 10/01/07 EACHOCCURRENCE S900,000
~ ORCW.GENElW...LIABIUlY .........,. --' .
- Cl.JUMS1~ ~ OCCUR MEDEXP(AnyonepelSOO) .
X Liait i. exc... of PERSONAl&KN INJURY .
-.!. $100, ODD SIR GENERAlAGGREGA.TE .
~l~n:,U"ilTn,PER: PROOUClS- COWPIOPAGG .
POl.JCY ~ lOG
B ~OMOBILE lWtH..FIY GI-A3-BX-0000051-00 10/01/06 10/01/07
COMBmEDSlNGlE UMIT $900,000
~ ANY AUTO (Eaaa:ident)
- AlLOWNEDAUTOS BODIlY INJURY
.
- SCHEDUL.ED~,UTOS (Perpel'llOn)
- HlREDAUTOS BOOII.. YINJURY
NON-OWNED/WTOS (Perac:cktert) .
-
~ Liait i. .xc... of
PROPERTY DAMAGE .
X $100,000 ax. (Peraa:D:Jrt)
=r'-urv AUTOONL y. EAACCIlENT .
ANY AUTO EAACe .
OTHERTHMI
... AUTOONlY: """ .
OE88AJ_REl.Lo' UABLIIY .nl- 1 h. n EACHOCCURRENCE .
OCCUR [~ ClAIMS....,. . . AGGREGAlE .
II b~[ h -01.2 .
R OEDUClBLE ..
\{ .
RElENTlON . ,. .
.
WORKERS COMP'ENlIATKJNAND I.'i!!\:.STATlJ..1 10J~
EIIPLOYER8' LIABlIUlY
ANY PROPRIETORJPARTN:RJEXECUTlVE INCi EL EACH ACCIDENT .
OfACERlMEUBER EXClUDED? &XC E.L DISEASE . EA EMA..OYEE .
~~beb" E.L DISEASE - POlICY UHT .
OTHER
.. Bxc... WOrker. oo.p. nco05187 10/01/06 10/01/07 *Statutory
* Bmployer. Liah. 1,000,000
DE8CRPTJON OF OPERA11QN8jLOCA~ lVEHIC1.E8/EXCWIKJN8ADDED BY ENDORSEIENr ISPEClAl PROVI8ION8
. SUbject to Self-Z!:l.ured Retention $500,000
CERTIFICATE HOLDER
CANCELLATION
IHOUlD ANY OF THE ABOVE DHCRlBED POLICES BE CANCELLED BEFOItE THE EXPIRATION
IIDDroe CoUAty BOCC DATE THEREOF, TIE ........,..;R WIJ.. ENDEAVOR 10 11M. ~ DAYS WRITTEN
lIooroe Co. Touri.t D'8V.l~t Counell NOn::E 10 THE CERlFICATE HOLDER ~ 10 THE lEFT, BUT FALURE 10 DO 10 IHAU.
1100 a~ton Street .-olE NO OBLIGATION OR LIAB8JTY OF AllY KIND UPON THE INSURER. ns AGENTS OR
SUite 268 REPREIENTAllVES.
key We.t, PL 330f,1 AlIIltDRREDREPRE8ENrATIYE ~~
USA
ACORD 25 (20011118) j ..",1""
50~l753f,
@ACORD CORPORATION 1988
I
/
/
fl: IJ .
B&P INTERNATIONAL
INSURANCE BROKERS AVERAGE ADJUSTERS
C E R T I Fie ATE OF INS U RAN C E
THIS IS TO CERTIFY THAT insurance has been issued by Underwriters as attached:
INSURED:
Reefmakers; et al - As Attached.
VESSEL:
"USS HOYT VANDENBERG"
LOSS PAYEE:
INTEREST:
loss, if any, payable to Owners, or order
(A) Hull and Machinery, Etc. etc. and everything connected therewith
including Protection & Indemnity Risks.
(B) Excess Protection & Indemnity Only.
(C) Pollution liability.
SUM INSURED I
LIMIT:
(A) $5,015,000. I Including P&I as per conditions hereunder limit
$5,000,000. Combined Single limit
(B) $5,000,000. anyone accident or Occurrence excess of $5,000,000. any
one accident or occurrence Combined Single limil.
(C) $12,205,600
(A) H&M-3-07-0462
(B) XS-3-07 -0463
(C) Pl-3-07-0464
COVER NOTE NO.:
PERIOD:
July 1, 2008 until October 31, 2008, 24:00 Hours, EST
CONDITIONS:
As Per Cover Notes and As Attached.
SECURITY:
CERTIFICATE
HOLDER:
As Attached.
We will make best efforts to provide 14 days wrillen notice by mail, to the certificate holder named above, in the
event that the policy(ies) noted above is (are) terminated before the respective expiration date(s), however, failure
to provide such notice shall impose no liability or oblig_ation of any k.ind upon us, our ,,~g'"ts or representatives.
, / /' .,,.-..-""
..,4.'p ;/"
;;r-
August 1. 2008 (~I'
Date ~ P International
This certificate is Issued as a matter of Information only and confer..' n rights upon the Certificate
Holder. It Is provided as evidence of Insurance and does not amend, e tl1nd or after existing pottcy
coverages.
G
~Is
/~cL~
~ c.U..~~
~.
S&P Internatlonal_ Marine Division
Arthur J. Gallagher & Co. of New York, Inc.
200 Broadhollow Road-Suite 201
Melville, NY 11747
T 631-465-8888 F 631-485.8~80
E-mail "'-''''1'' JI
ATTACHING TO AND FORMING PART OF
CERTIFICATE OF INSURANCE DATED AUGUST 1, 2008
INSURED:
The Stale of Florida, Artificial Reefs of the Keys (ARK) and the City of
Key West, all to be considered Owners of the Vandenberg upon title
passing from the USA to Ihem as their respective rights and interests
may appear. BB& T as co-assured providing a bridging loan to ARK as
their interest may appear and Reefmakers, Inc., as head General
Contractor hired by the Stale of Florida, et al 10 perform the reefing
project. Other co-assureds to be agreed subject to lead Underwriter
approval.
ADDITIONAL
INSURED:
Monroe COunly Tourisl Developmenl Council
Monroe County
Florida Fish and Wildlife Conservation Commission
United States of America
Reefmakers, LLC
CONDITIONS:
All As Per Cover Note Terms, Clauses, Conditions, Deductibles,
Warranties and As Follows:
It is hereby understood and agreed that the above vessel is in the Care, Custody, and Conlrol of Colonna
Shipyard and coverage hereunder is maintained without prejudice, subject:
1 - Warranted: John Waite (or Surveyor to be agreed by John Waite) to approve lay-up, mooring, fire
fighting and security within 7 days (of 31" Juiy 2008).
2 - Warranted: John Waite or Alan Fife to approve any moves (after the 30lh July 2008) that may be
necessary.
3 - Vessel not to be moved from existing location (after 30th July 2008) without prior agreement of John
Waite and Underwriters.
4 - Policy not to exceed 24:00 hours 31" October 2008 Eastern Saving Time.
5 - Hull and P&I Additional Premium whilst laid up for period 1" July 2008 unlil31" OctOber 2008
inclusive: 0.20% per month (on 'Period C' value) payable in full within 7 days of 1" August 2008 to AJG
New York and London Underwriters within 14 days thereafter (Amount due = USD 40,120.00 for period).
6 - Excess P&I Additional Premium whilst laid up for period 1" July 2008 until 31" October 2008 inclusive:
USD10,000 payable in full wilhln 7 days of 1" August 2008 to AJG New York and London Underwriters
within 14 days.
7 - WQIS Additional Premium due and payable to AJG New York and payable to WQIS within 14 days.
8 - Warranted no known or reported losses as at 29'h July 2008.
All other Terms, Clauses, and Conditions remain unchanged.
SECURITY:
(A) 100% llOYd's Underwrilers - Beazley Syndicate No. 2623/623
(B) Lloyd's Underwriters as follows:
20% - Aegis Syndicate 1225
20% - Canopius Syndicate 4444
20% - Millenium Syndicate 1221
20% -Brit Syndicate 2987
?P% -Hiscox Syndicate 33
100%
(C) 100% Water Quality Insurance Syndicate
REEFMAKERS , ET AL
Page 2 of2
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