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11/15/2006 Agreement DANNYL. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: April]7, 2007 TO: Andrew Trivette, Acting Director Growth Management Division ATTN: FROM: Mayra Tezanos Executive Assistant Pamela G. Hanc€Jf~ Deputy Clerk At the November 15, 2006, Board of County Commissioner's meeting the Board granted approval and authorized execution of a Contract between Monroe County and DC707LLC (dba Mangrove Marina) to provide land based pump-out services for the Key Largo pump-out boat. Encllosed is a duplicate original of the above-mentioned for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Attorney Finance File.! CONTRACT FOR SERVICES THIS CONTRACT is entered into by MONROE COUNTY, a political subdivision of the State of Florida, whose address is the Marathon Government Center, 2798 Overseas Highway, Marathon, Florida 33050, hereafter the COUNTY, and DC707LLC, (dba) Mangrove Marina, 200 Florida Avenue, Tavernier, Florida 33070, hereafter CONTRACTOR. Section 1.. Scope. The CONTRACTOR and the COUNTY, for the consid,eration named agree as follows: 1. The COUNTY agrees to pay vessel pump-out facility haul-out costs at a rate of $450.00 per service not to exceed $10,000 per year for all documented occurrences of waste effluent removal and disposal from the CONTRACTOR'S vessel pump-out holding tank. 2. The CONTRACTOR agrees to allow the COUNTY's pump-out vessel to pump-out at the CONTRACTOR's facility on an as needed basis. Section 2. Payment. The County will receive and process invoices from the CONTRACTOR for all documented occurrences that the CONTRACTOR has had their vessel waste effluent holding tank pumped for removal and disposal. The COUNTY will pay the CONTRACTOR's cost for each documented haul-out occurrence and will process invoices from the BC061141 Mangrove Cntr .doc 10/30/20063:58:00 PM CONTRACTOR within 30 days of receipt. Documentation for each invoiced instance that the CONTRACTOR's vessel waste holding tank is pumped and hauled-out must be provided with the CONTRACTOR's invoice to the COUNTY. COUNTY shall pay in accordance with the Florida Local Government Prompt Payment Act; payment will be made after delivery and inspection by COUNTY and upon submission of invoice by CONTRACTOR. Section 3. Contract Termination. Either party may terminate this Contract because of the failure of the other party to perform its obligations under the Contract. If the County terminates this Contract because of the CONTRACTOR's failure to perform, then the County must pay the CONTRACTOR the amount due for all work satisfactorily completed as determined by the County up to the date of the CONTRACTOR's failure to perform but minus any damages the County suffered as a result of the CONTRACTOR's failure to perform. The damage amount must be reduced by the amount saved by the County as a result of the Contract termination. If the amount owed the CONTRACTOR by the County is not enough to compensate the County, then the CONTRACTOR is liable for any additional amount necessary to adequately compensate the County up to the amount of the Contract price. Be 061040 Contract 10/30/20063:58:00 PM 2 Section 4. Records. CONTRACTOR 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 their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to CONTRACTOR. Section 5. Employees Subject to County Ordinance Nos. 010 and 020- 1990. 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 County, in its discretion, may 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 Be 061040 Contract 10130120063:58:00 PM 3 any fee, commISSIOn, percentage gift, or consideration paid to the former County officer or employee. Section 6. Convicted Vendor. 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 perform work as a contractor, supplier, subcontractor, or CONTRACTOR under contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for the Category two for a period of 36 months from the date of being placed on the convicted vendor list. Section 7. Insurance. Prior to execution of this agree, the CONTRACTOR shall furnish the County Certificates of insurance indicating the following coverages or in excess thereof (attached as Exhibit A). · Workers Compensation in the amount of statutory limits as specified in Florida Statutes 440. · Employers Liability with: $100,000 Bodily Injury by Accident; Be 061040 Contract 10/30/20063:58:00 PM 4 $500,000 Bodily Injury by Disease, policy limits; and $100,000 Bodily Injury by Disease, each employee. · General Liability (Premises operations, blanket contractual, expanded definition of property damage, products & completed operations, personal injury) with: $100,000 per Person; $300,000 per occurrence; and $50,000 property damage. . Vehicle Liability with: $50,000 per Person; $100,000 per occurrence; and $25,000 property damage or $100,000 combined single limit. . Pollution Liability with: $500,000 per Occurrence; and $1,000,000 Aggregate. Section 8. Communication Between Parties. All communication between the parties should be through the following individuals or their designees: Monroe County CONTRACTOR Be 061040 Contract 10/30/20063:58:00 PM 5 George Garrett, Director Department of Marine Resources 2798 Overseas Highway, Suite 420 Marathon, FL 33050 Art Reale, Marina Manager Mangrove Marina 200 Flagler Ave Tavernier, Florida 33070 Section 9. Governing Law, Venue, Interpretation, Costs, and Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. Section 10. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and CONTRACTOR agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. Section 11. The County and CONTRACTOR agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Section 12. Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, Be 061040 Contract 10/30120063:58:00 PM 6 condition and prOVlSlon 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 CONTRACTOR 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. Section 13. Attorney's Fees and Costs. The County and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. Section 14. Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County Be 061040 Contract 10/30/20063:58:00 PM 7 and CONTRACTOR and their respective legal representatives, successors, and assIgns. Section 15. Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Section 16. Claims for Federal or State Aid. The CONTRACTOR and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Section 17. Adjudication of Disputes or Disagreements. The County and CONTRACTOR 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 30 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 ofthe 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. Section 18. Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, Be 061040 Contract 10/30/20063:58:00 PM 8 performance, or breach of this Agreement, County and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. Section 19. Nondiscrimination. County and CONTRACTOR 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 fmiher action on the part of any party, effective the date of the court order. County or CONTRACTOR agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: I) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis ofrace, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) Be 061040 Contract 10/30/20063:58:00 PM 9 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 alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC 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) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. Section 20. Covenant of No Interest. County and CONTRACTOR 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. Be 061040 Contract 10/30/20063:58:00 PM 10 Section 21. 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. Section 22. No Solicitation/Payment. The County and CONTRACTOR warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. Section 23. Public Access. The County and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, papers, Be 061040 Contract 10/30/20063,58,00 PM 11 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 the County and CONTRACTOR in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR. Section 24. Non-Waiver of Immunity. Notwithstanding he provisions of Sec. 286.28, Florida Statutes, the participation of the County and the CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance 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. Section 25. 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 Be 061040 Contract 10130/20063:58:00 PM 12 such officers, agents, volunteers, or employees outside the territorial limits of the County. Section 26. Legal Obligations and Responsibilities. Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. Section 27. Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the CONTRACTOR agree that neither the County nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate Be 061040 Contract 10/30/20063:58:00 PM 13 and apart, inferior to, or supenor to the community In general or for the purposes contemplated in this Agreement. Section 28. Attestations. CONTRACTOR agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. Section 29. No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. Section 30. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by singing any such counterpart. Section 31. 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. Be 061040 Contract 10/30/20063:58:00 PM 14 Section 32:. IndemnifylHold Harmless. Contractor agrees to indemnify and save County harmless from and against all claims and actions and expenses incidental thereto, arising out of damages or claims for damages resulting from the negligence of Contractor, its agents, or employees while the Contractor is providing pump-out service to the COUNTY. However, Contractor shall not be liable for any claims, actions or expenses which arise from the negligent or intentional acts or omissions of the County, its agents or employees. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Section 33. The effective date of this Contract is 2/14/2006 through 2/13/2008 THE REMAINDER OF THE PAGE LEFT INTENTIONALLY BLANK Be 061040 Contract 10130/20063:58:00 PM 15 Section I. IN WITNESS WHEREOF each party hereto has caused this B ..:;:;;-- ...- (SEAL) Attest: ~:tl, ,q;:::~ APPROVED AS TO FORM ATTORNEY'S OFFICE C::, 0:: <:::> (..) l"~,1 0.:- "- - .. (u ~ ~ 0:::.=1 -.J ~ :;:.'-'- ".~:~;;' ....... -..iC)a >-.",,;,f.J "'''''-..JLt..J ;et.Jo "" ~ c::. C) ~ t:c C,..;"'~ 1"- Cj Lv -I ii:: 8: '""" ...... ;;!5 '" Be 061040 Contract 10/12/2006 3:29:00 PM BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ~lJ;~ By Mayor/Chairman NOV 1 5 2006 MANGROVE MARINA By Title 16 C7:LF M.C.A. Instruction 7500 2005 Edition MONROE COUNTY, FLORIDA Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as specified in the County's Schedule ofInsurance Requirements, be waived or modified on the following contract. Contractor: 72'17&' 7 LL(! d'6.... 4a 11 'j rotl6 /~lar~Hc.... Contract for: ~5 S e I ~~ 0 t-2 . C:;-e/lf?.t/I ~ e... Address of Contractor: ,;Zc1o r/or{ 1/4- Iltlr /4Y~7?,(//cR ;:::/.. ~3t:/7C Phone: .:3c?5- - F5$ - 7'3 go Scope of Work: /}dm n oJ y<<.,.e./5c-vl/iC--c-/~ I' ' Reason for Waiver: it h l?/C Ih7 ~< A/ 07 7~I /; u rRI: ]I"',) ,'I Mt?+,oR vattlc./es - 011/11 OLl "" y? / I t O~'!lf~j Approved ~ Not Approved ~.. 0:L 50g-ol Policies Waiver will apply to: Signature of Contractor: Risk Management Date County Administrator appeal: Approved: Not Approved: Date: Board of County Commissioners appeal: Approved: Not Approved: Meeting Date: 108 I DATE IMMlDDIYY) 3/9/2007 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. CERTIFICATE OF LIABILITY INSURANCE AWBD-," Services Wells Fargo Insurance 3225 Aviation Avenue #400 Coconut Grove (305) 443-4886 PRODUCER FL 33133 INSURERS AFFORDING COVERAGE -- ---- --, 'NS~R-;;:;-Comrnerc-e-&- '--Industry Ir.s- -co'- - -- - ----- ... ,'-;;SURERBN~:)rthern -Ass-urar.-c-E'-C~6 Of-Ar.,eri~a------~-- - INSURED ='C:7 07 '-~v I LLC MAI';GROVE ~J;.R:::NP.. c/o CP.Y CLUBS 94500 OVERSEAS HWY .KEY LARGO COVERAGES >-INSURER C INSURER 0 INSURER E ---- FL 33037 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 1~1:1 -- I I P8Mi~::=6&W ~~:I~:,b~N i TYPE OF INSURANCE POLICY NUMBER LIMITS ! GENERAL LIABILITY l EACH OCCURRENCE~___ .I-!.....-- 1,000,000 ---- ---~ FF5MERCIAl GENERAL LIABILITY I FIRE DAMAGE (Anyone fire) I s 10,000 CLAIMS MADE 0 OCCUR ' MED EXP (Anyone person) ! S 5 ~.OOO B N5JH23016 7/18/2006 7/18/2007 PERSONAL & AOV INJURY I s 1,000,000 t:J GENERAL AGGREGATE :. 2,000,000 ~'L AGG~EnE~L1MIT APnSIPER PRODUCTS. COMP/OP AGG . 1,000,000 PRO- POLICY JECT LOC _~TOMOBILE LIABILITY k LU~J-- COMBINED SINGLE LIMIT . ANY AUTO (E. accident) - ,cl:[t!Cc[v<(. - ALL OWNED AUTOS BODILY INJURY . SCHEDULED AUTOS (Pefperson) - I- HIRED AUTOS BOOlL Y INJURY . NON-OWNED AUTOS (Per.ccident) I- - PROPERTY DAMAGE . (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT . ~ ANY AUTO OTHER THAN EAACC . AUTO ONLY AGG . EXCESS LIABILITY EACH OCCURRENCE . ~-OCCUR D CLAIMS MADE AGGREGATE . - . ~ DEDUCTIBLE i -- . RETENTION . . I WORKERS COMPENSATION AND I I TORY LIMNs I iU'!~. ER I EMPLOYERS' LIABILITY E.L. EACH ACCIDENl . I I , E.L DISEASE - EA EMPLOYEE S E L DISEASE. POLICY LIMIT . OTHER $1,000,000 A I STORAGE TANK LIABILITY FPL56039672#2 10/20/2006 : 10/20/2007 i2, 000, 0000 AGG I I I i i I DESCRIPTION OF OPERATIONSlLOCATIONSlVEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS DEDUCTIBLE $5,000 EACH INCIDENT Monroe County Board of County COIlIOissioners is additional insured. 'x . CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER mLL ENDEAVOR TO MAIL .3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIA~LJTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR PRESENTATlVES. HORIZED P ESEN CERTIFICATE HOLDER ADDITIONAL INSURED, INSURER LETTER. Monroe County Board of County Commissioners t-:;'.~JROE co:.n;,:,y V.ARItJC: RESOUF::ES ;\':''I'N: COUNIE ROBERT:30N 2798 OVERSEAS H~Y #420 FL 33050 !'-1hRATHCN '" ACORD CORPORATION 1988 PF v1 03 ACORD 25-S (7/97) M LPW v1 9 9a on 3/12107 -'151 by User LP LPWv1 99aon 3112107. 11.51 by User ACORD~ CERTIFICA TE OF LIABILITY INSURANCE DATE (MMlDDIYYYY) 2/28/2007 PRODUCER (727) 530 0684 FAX: ( WRTIFICATE IS ISSUED AS A MATTER OF INFORMATION Jack Rice Insurance Q Ie (c Ie 8 \YI ~. AND CONFERS NO RIGHTS UPON THE CERTIFICATE .. R. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 13080 S Belcher Rd T THE COVERAGE AFFORDED BY THE POLICIES BELOW. Larno FL 3377 .. . ft _ I: 'lIVf7 M AFFORDING COVERAGE NAIC# INSURED IN URER Zeni th/LIG Marine Mars Sara Bay Marina, ETAL I~,LURER . Llovds of London/LIG & De70? Marina, LLC dba Mane 'MfmR8e'0&. PLANNINr Mm_ , 200 Florida Ave. TO Tavernier FL 33070 INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWlTHSTANDING 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 DES~~~~~,~~~~,I.~...IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. l!'l~ ~R.~.I: TYPE OF INSURANCE POLICY NUMBER Pc?Al.{.i'::~~6g~E Pgil.fJ.~:,bRC'~N LIMITS ~NERAL LIABILITY I OAr. . COMMERCIAL GENERAL LIABILITY DAMAGE ~9....~ENTED . l CLAIMS MADE D OCCUR MED EXP An one 00 . ,".".""",, . ~ ~ r.lENERAL Ar.lr.lRI:r.lIl.TI: . rl'L AGG~EnE LIMIT AnES PER: $ POLICY ~~W.;. LO'" ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ~ ANY AUTO ~ ALL OV\r1llED AUTOS BODILY INJURY (Per person) . ~ SCHEDULED AUTOS ~ HIRED AUTOS \i\ SfJ~D' C~ BODILY INJURY . e- NON-OV\r1llED AUTOS (Peraccidenl) e- ',1 PROPERTY DAMAGE . ~J"\ I (Peraccidenl) RRAGE LIABILITY " AUTO ONLY. EA ACCIDENT . ANY AUTO f OTHER THAN c, ^"" AUTO ONLY: ACC $ OESS/UMBRELLA LIABILITY I OAr. $ OCCUR D CLAIMS MADE Ar.lr.lREr.lATE . . R DEDUCTIBLE --'"-----.. . R'.T.....TI....N ... A WORKERS COMPENSATION AND X IT~,mnt~1 I OJ.!!- EMPLOYERS' LIABILITY 100,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT . OFFICERlMEMBER EXCLUDED? Z067375002 5/26/2006 5/26/2007 E.L. DISEASE. EA EMPLOYEE $ 100,000 I ~~~~I~~s~:~V~~~~~^ I~ 11:.1 nlC!EAC!E _ pnLl"'Y LIMIT . 500,000 OTHER B Maritime Employers F05MM217-3470-06 5/26/2006 5/26/1007 Per Person 1,000,000 Liabilit'-" Per Accident 1,000,000 DESCRIPTION OF OPERATlONSlLOCATlONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Re: Mangrove Marina - Pump out Facility used by MOnroe County Note: This voids and supercedes previously issued certificate dated 2/22L07 CERTIFICATE HOLDER CANCELLATION (305)289-2536 robertson-connie@monroecou SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Monroe County, FL EXPIRATION DATE THEREOF, THE ISSUING INSURER \\'ILL ENDEAVOR TO MAIL Attn: Connie Robertson 30 DAYS WRITTEN NOTlCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT 2795 Overseas Highway - Marathon, FL 33060 FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ~. l.A , ,- Sherry Yederlinic/FLN C '- ACORD 25 (2001/08) INS025 {0108}.08 AMS ill no Wolters Kluwer Financial Services @ACORD CORPORATION 19B8 Page 1 012 ACORllm CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNY) 3/9/2007 PRODUCER Wells Fargo Insurance Services THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 3225 Aviation Avenue ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR #400 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Coconut Grove FL 33133 (305) 443-4886 INSURERS AFFORDING COVERAGE .. Corrunerce & Industry Ins CO INSURED INSURER A DC707JV, LLC MANGROVE MARINA ... INSURER B Northern Assurance Co Of America C/O CAY CLUBS INSURER C 94500 OVERSEAS HWY INSURER D .KEY LAp'GO FL 33037 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. INSR TYPE OF INSURANCE POLICY NUMBER Pg.k+~~i~~gg,Wf Pgk!flf~~~~N LIMITS LTR GENERAL LIABILITY EACH OCCURRENCE $ ~,OOO, 000. ~ ------ X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone fire) $ 10,000 I CLAIMS MADE QD OCCUR MED EXP (Anyone person) $ 5,000 B N5JH23016 7/18/2006 7/18/2007 PERSONAL & ADV INJURY $ 1,000,000 I-- 2,000,000 GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 1,000,000 Il, .nPRO 11 POLICY JECT LOC ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) I-- ALL OWNED AUTOS BODILY INJURY r-- $ SCHEDULED AUTOS (Per person) I-- I-- HIRED AUTOS BOOlL Y INJURY $ NON-OWNED AUTOS ~ (Per accident) I-- rx~ - ..... ...". f-- . PROPERTY DAMAGE $ (Per accident) R":GE LIABILITY J~q -::Q l AUTO ONLY - EA ACCIDENT $ ANY AUTO 'f OTHER THAN EAACC $ AUTO ONLY AGG $ EXCESS LIABILITY EACH OCCURRENCE $ ~ OCCUR D CLAIMS MADE AGGREGATE $ $ ~ ~EDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I T~~~IfJI~S I [OXH. EMPLOYERS' LIABILITY ER E.L. EACH ACCIDENT , E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTHER $1,000,000 A STORAGE TANK LIABILITY FPL56039672#2 10/20/2006 10/20/2007 2,000,0000 AGG DESCRIPTION OF OPERATlONSfLOCATIONSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS DEDUCTIBLE $5,000 EACH INCIDENT Monroe County Board of County Commissioners is additional insured. CERTIFICATE HOLDER I ^ I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION Monroe County Board of County Commissioners SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION MANROE COUNTY MARINE RESOURCES DATE THEREOF, THE ISSUING INSURER WilL ENDEAVOR TO MAil 30 DAYS WRITTEN ATTN: CONNIE ROBERTSON NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 2798 OVERSEAS HWY #420 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR PRESENTATIVES. MARATHON FL 33050 ~;~i:ENJtT"': 9- I ACORD 25-S (7/97) lM: LPW v1.9.9a on 3/12/07 -1 1 :51 by User LP:lPWvl,9,9aon3l12107-11:51 by User @ ACORD CORPORATION 1988 PFv1,O.3 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. ACORO 25-5 (7/97) LM: LPWv1.g.9aon 3112/07 -11:51 by User LP: LPWv1.9.9a on 3/12/07 -11:51 by User PFv1,Q.3