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1st Amendment /1st Renewal 05/20/2009 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DA TE: October 26, 2009 TO: Dent Pierce, Director Public Works Division A TTN: FROM: Beth Leto, Assistant Director Public Works Division Pamela G. HanCOCk~ ~t the May 20, 2009, Board of County Commissioner's meeting the Board granted approval and authorized execution of the Amendment and 1 st Renewal of Franchise Agreement between Monroe County and Ocean Reef Club, Inc. At the October 21, 2009, meeting the Board granted approval and authorized execution of a Lease Agreement between Monroe County and Big Pine Athletic Association to lease Parcels IJ and II, Pine Key Acres, Big Pine Key, Florida (a/k/a Watson Field) for an amount of rent totaling $1.00 per year. Enclosed are fully-executed duplicate originals 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 ./ Monroe County Cl~rk's Original , AMENDMENT AND 1ST RENEWAL OF FRANCmSE AGREEMENT (Solid Waste and Recycling Collection) . <This Amendment and 1 st Renewal of Franchise Agreement is made and entered into this I Y day of -:r J ",( , 2009, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida, hereafter "Franchisor," and OCEAN REEF CLUB, INC., hereafter "Franchisee," in order to amend and renew the Franchise Agreement between the parties dated May 19, 2004, (a copy of which is incorporated hereto by reference). WHEREAS, the parties have agreed to collaborate to help increase Monroe County's annual recycling rate to forty percent (40%) by 2014, and WHEREAS, the Franchisee has agreed to assist the County in capturing recycling numbers from commercial businesses that haul out their own recyclables, and WHEREAS, the Franchisee has agreed to annually purchase 18 gallon residential recycling bins for their service area, and to increase the franchise fee paid by the Franchisee to the Franchisor from 3% to 5% to fund a countywide recycling program consisting of County staff: public educational materials, brochures, and premiums, and WHEREAS, the Franchisor has agreed to provide the Franchisee with a diesel fuel surcharge adjustment on an annual in-arrears basis effective October 1, 2010, and every October 1 thereafter to reflect any changes in the cost of diesel fuel for the preceding year ending in February, and WHEREAS, the parties have determined that it is to their mutual benefit and interest to amend and renew the Franchise Agreement for Solid Waste and Recycling collection; NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Section 1 - TERM, is hereby amended to read as follows: "1. TERM: The term of this Agreement shall be for the period beginning 12:01 AM October 1, 2009, and terminating 11:59 PM September 30, 2014, provided that the Franchisor shall have the option to extend the contract, upon mutually agreeable terms and conditions, for an additional five (5) year period, upon one hundred twenty (120) days written notice to the Franchisee prior to the expiration of the current term of this Agreement. " 2. Section 2(PP) is hereby amended, to correct the Exhibit number listed for Special Services, as follows: "PP. Special Services shall mean any services requested or required by the customer which are in addition to, or a change in, Residential Solid Waste Collection Amendment & 1st Renewal of Franchise Agreement Service, Residential Recycling Collection Service, Commercial Recycling Collection Service, and Commercial Solid Waste Collection Service as set out or similar to those listed in Exhibit V." 3. Section 4(A)(2) is hereby amended, to correct the Exhibit number listed for Special Services, as follows: "(2) Accessibility All Residential Solid Waste to be collected shall be placed within six (6) feet of the curb, paved surface of the roadway, closest accessible right-of-way, or other such location agreed to by the Franchisee that will provide safe and efficient accessibility to the Franchisee's collection crew and vehicle. Enclosures for garbage receptacles shall be within six (6) feet of paved surface or right of way. Fixed or permanent enclosures shall have a street side opening for the removal of the garbage receptacle. Enclosures that do not have a street side opening shall be limited to thirty-six (36) inches in height. For purposes of this Agreement, roadway or right-of-way means a road owned and maintained by the County, or a road on private property for which an easement has been granted to the public and such road is constructed and maintained to County road standards. Where the resident of a Dwelling Unit is physically disabled and unable to deliver Residential Solid Waste or vegetative waste to curbside and this is certified by the Contract Administrator, or the residential structure is located in such a manner as to provide non-accessibility to the Franchisee's crew or vehicle, an alternative location may be arranged between the customer and the Franchisee at no extra cost to the customer. In the event an appropriate location cannot be agreed upon, the Contract Administrator shall mediate the dispute and designate the location for pick-up. If the resident requests special services, these services shall be billed directly to the customer by the Franchisee in accordance with Exhibit V. Billing for these services shall be reported in a format prescribed by the Contract Administrator. In the event that a special service request is not listed in Exhibit V,charges for such services shall then be established through negotiations between the Franchisee and the customer. In the event the customer and the Franchisee cannot reach an agreement on the cost, the Contract Administrator will determine the cost." 4. Section 5(0)(1) is hereby amended to read as follows: "(1) Throughout the term of this agreement and any renewal period, the Franchisee will purchase at its expense, and at residential customers' request, supply to residential customers a sufficient number of 18 gallon Recycling Containers per year for use within the Service Area (limited to two (2) recycling containers per Residential Unit). Franchisee will also replace at its expense any Recycling Container damaged through the fault or negligence of the Franchisee or its employees." 5. The first paragraph of Section 6(B) is hereby amended to read as follows: "B. Solid Waste and Recycling Collection Rate Adjustments: Amendment & 1 Rt Renewal of Franchise Agreement 2 For all Collection services, the charges shall be initially based on the rates established in Exhibit I~ . and as subsequently adjusted pursuant to this Agreement. The Franchisee shall receive an annual adjustment in the Residential Solid Waste Collection Service, Commercial Recycling Collection Service, Commercial Solid Waste Collection Service and Residential Recycling Collection Service rates. The adjustment shall be made to the combined category of Residential Solid Waste Collection Service and to Residential Recycling Collection Service and, separately to the combined category of Commercial Solid Waste Collection Service and Commercial Recycling Collection Service. At the end of the fIrst year of this Agreement the adjustment might be made in accordance with the percentage change in the Consumer Price Index for all urban consumers (CPI-U) for the most recent 12 months available, ending in February. Effective October 1, 2009, contingent upon Board of County Commission approval of the annual rate adjustment, the Franchisee will receive, in additional to the annual CPI a4justment, an additional rate adjustment of $.98 per month per Residential Unit, $.10 per cubic yard for Commercial Solid Waste Collection and $.10 per cubic yard for Commercial Recycling Container Collection." 6. Section 6(E) is hereby amended to read as follows: "E. FranehiseFee: To compensate for the cost of administration, supervision, inspection, and to fund a countywide recycling program, consisting of County staff (labor, benefit and operating costs), public education materials, brochures, and premiums, rendered for the effective perfonnance of this Agreement, the Franchisee shall pay to the Franchisor a fee of five percent (5%) of all gross revenues charged, collected or received arising out of any services or operations conducted in the Service Area. Commercial solid waste disposal costs, commercial recycling collection costs, commercial recycling processing costs, any revenue paid to the Franchisee as a result of the diesel fuel surcharge adjustment per section 6(F), and any credit card convenience fee received by the Franchisee from customers using credit cards, shall be deducted from the gross revenue total prior to applying the 5% for calculation of the franchise fee due to the Franchisor. Franchise fees shall be payable within forty- five (45) days of the last day of each calendar quarter." 7. Section 6(F) is hereby added to read as follows: "F. Diesel Fuel Surcharge: The Franchisor shall, on a yearly basis, pay the Franchisee a diesel fuel surcharge adjustment to reflect any change in the cost of diesel fuel as detennined by reference to the Energy Information Administration of the US Department of Energy ("EIA/DOE") website that reports average prices of diesel fuel for the "Lower Atlantic" United States. The link is as follows: http://tonto.eia.doe.gov/ooglinfo/wohdp/diese1.asp The Franchisee shall submit to the Franchisor, no later than the lOth of the following month, a report listing the total number of gallons and cost of diesel fuel purchased in the previous month and include copies of diesel fuel supplier invoices and individual service area truck Amendment & 1 st Renewal of Franchise Agreement 3 fueling tickets. The annual diesel fuel surcharge adjustment shall be effective October 1, 2010 and every October 1 thereafter. After determining the average price of diesel fuel from the aforesaid website ("EIAlDOE fuel cost") for the immediately preceding 12 month period ending in February, the corresponding fuel cost modifier will be calculated pursuant to the following table, based on Franchisee's total diesel fuel expenditures from March 1 to February 28/29 of each year. Note that for adjustments not shown on the table, the calculation shall be extrapolated from those set -forth: TABLE FOR FUEL SURCHARGE CALCULATION Percent Percent of Average of Surcharge Price/Gallon Surcharge A verage Price/Gallon $1.045 To $1.135 -10.00% $2.455 to $2.554 3.00% $1.136 To $1.226 -9.00% $2.555 to $2.654 4.00% $1.227 To $1.31 7 -8.00% $2.655 to $2.754 5.00% $1.318 To $1.408 -7.00% $2.755 to $2.854 6.00% $1.409 To $1.499 -6.00% $2.855 to $2.954 7.00% $1.500 To $1.590 -5.00% $2.955 to $3.054 8.00% $1.591 To $1.681 -4.00% $3.055 to $3.154 9.00% $1.682 To $1.772 -3.00% $3.155 to $3.254 10.00% $1.773 To $1.863 -2.00% $3.255 to $3.354 11.00% $1.864 To $1.954 -1.00% $3.355 to $3.454 12.00% $1.955 To $2.054 O.OOO~ $3.455 to $3.554 13.00% $2.055 To $2.154 0.00% $3.555 to $3.654 14.00% $2.155 To $2.254 0.00% $3.655 to $3.754 15.00% $2.255 To $2.354 1.00% $3.755 to $3.854 16.00% $2.355 To $2.454 2.00% $3.855 to $3.954 17.00% 8.. Section 6(G) is herebyadde.d to read as follows: "G. Convenience Fee: In addition to the Special Service Rates charged pursuant to Article 8 and Exhibit V, Franchisee may include a convenience fee charge on customers using a credit card to pay special service charges. The convenience fee shall be a "pass through" fee and will not exceed the fee charged by the customer's credit card- company to the Franchisee for the use and processing of the charge." 9. Section 8 is hereby amended to correct the Exhibit number listed for Special Services, as follows: "8. SPECIAL SERVICES Amendment & 1 st Renewal of Franchise Agreement 4 Rates charged for Special Services may not exceed the special services rates as listed in Exhibit V, and as subsequently -adJusted p-ursuant to this Agreement. The Franchisee shall receive an annual adjustment to the Special Services Rates in accordance with the percentage change in the Consumer Price Index for all urban consumers (CPI-U) for the most recent 12 months available, ending in February. In the event the requested special service is not inclu.ded within Exhibit V, the Franchisee may negotiate with the customer for the rate. Upon failure of the parties to reach an agreement on the rate., the Contract Administrator shall establish the rate. The Franchisee shall be responsible for billing and collection of payment for all Special Services." 1 O. The third paragraph of Exhibit III titled "Special Services" is hereby amended to read as follows: "SPECIAL SERVICES If a customer requests, the Franchisee may provide special services for the collection of Commercial Solid Waste such as rolling Containers out of storage areas, opening doors or gates for access, or other such special services. However, such special services may be provided by the customer, through its own or other personnel. If the Franchisee provides special services, such charges must be separately stated under the "RATES FOR SERVICES" Disclosure Statement. The maximum for these special service rates are fixed by the Board. A copy of these rates can be obtained from the Franchisee or the Contract Administrator. A convenience fee imposed pursuant to Article 6(0) may be included in the cost of the special service." 11. The second page of Exhibit III is hereby amended to read as follows: "RATES FOR SERVICES DISCLOSURE STATEMENT Franchise Name: Customer Name: Customer Address: Customer Phone #: Level of Service: Date of Agreement: Service Date: Begin: End: Item Cost of Collection of Solid Waste Cost of Disposal of Solid Waste Cost of Container Maintenance for Solid Waste Itemized Charges for Special Services Convenience Fee Total Monthly Cost THESE SERVICES ARE PROVIDED UNDER A FRANCHISE AGREEMENT REGULATED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. SHOULD YOU HAVE ANY QUESTIONS RELATING TO THESE RATES, PLEASE CALL THE SOLID WASTE MANAGEMENT DEPARTMENT (305) 292- 4432." Amendment & 1 st Renewal of Franchise Agreement 5 12. Exhibit V Special Services is hereby amended to read as follows: "EXHIBIT V SPECIAL SERVICES RATES DETERMINE BY THE FRANCHISOR Rolling Out Container (and returning $3.44 it to original location) Back Door Service (Residential Negotiable Curbside Only)* Opening (and closing) Doors or Gates $1.15 Locks for Containers $11.46 (one time) Charge for Replacement based on Cost + 10% Unlocking Containers $1.55 Supplying (and retrofitting) locking $68.77 Mechanism on container* * Adding wheels to or changing wheels No Charge on 1, 2, and 3 yard Containers only Moving Container Location (if $34.39 Feasible) Per Customer Request Adding lids to or changing lids on No Charge Containers Set up and Return Fees $28.65 Credit Card Convenience Fee Not to exceed fee charged by customer's credit card company .There will be no charge for those residents medically unable to bring solid waste or recyclables to curbside as delineated in Section 4. Back door service to all other customers may be offered by the Franchisee. * * Determination of necessity of locking mechanisms is based on customer requirements." Amendment &1 st Renewal of Franchise Agreement 6 13. III all otller respects, the original agreclnent bet\veen the parties dated Tvlay' 19, 2004, rel11ains in full force and effect. /"~:WHEREOF, the pmiies have hereunto set their hands and seal, the day and y~~fir~,~~~v~, ~~~~~~~~LHAGE'CLERK ".,0, ....~ By: ~:;:' ..' eputy Clerk BOARD OF COUNTY COMMISIONERS OF MONROE COUNTY, FLORIDA By: A-;- J!.. >rJ~,~ Mayor/Chainnan 5 (w I V; OCEAN REEF CLUB, INC. By: '-I-Q , n or person with Authority to sign Title: S~Nfc:R VIcE f~//')I-J-r ~ 'C) 0 .'~ :r> ~~} ;> ~ c~, ;; :2 ~ ~ Q M ..... N 0\ ::a :J: 5 ... " - r- fT1 o .." <::) ::0 ::0 rrt C"") o :::0 o ~:-o r:::: -~~: ,-") :::: ::', ;--Il> (.-. Cj fT1 w Amendment & 1 st Renewal of Franchise Agreement 7 ACORQ. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDlYYYY) 09/21/09 PRODUCER 1-713-623-2330 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Arthur J. Gallagher Risk MAnagement Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1900 West Loop South AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 1600 Houston, TX 77027 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: INDIAN HARBOR INS CO 36940 Ocean Reef Club, Inc. INSURER B: 35 Ocean Reef Drive INSURER C: Key Largo, FL 33037 INSURER D: 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 ~~r:;~ POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR ~NERAL LIABILITY EACH OCCURRENCE $ - COMMERCIAL GENERAL LIABILITY ~~~~~~S lEa occurence) $ - D CLAIMS MADE D OCCUR MED EXP (Anyone person) $ - PERSONAL & ADV INJURY $ - -0 GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: /.~n ~I (() PRODUCTS - COMP/OP AGG $ I POLICY n ~~8T nLOC ., ~OMOBILE LIABILITY o , ~JLL ~ ,- 4~61=O J COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) - ALL OWNED AUTOS BODILY INJURY - ~ $ SCHEDULED AUTOS (Per person) - HIRED AUTOS - BODILY INJURY $ NON-OWNED AUTOS (Per accident) - - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ H ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSlUMBRELLA LIABILITY EACH OCCURRENCE $ o OCCUR D CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I T~~I:}1~s I IOl~- EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE EL. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? EL. DISEASE - EA EMPLOYEE $ ~P~~f!:t~~~~IS4~NS below EL. DISEASE - POLICY LIMIT $ OTHER A Pollution Legal Liability PBC0025867 03/01/08 03/01/11 ~gregate 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS SBLP-INSURBD RBTBHTION: $25,000 UNDBRGROUND STORAGB TANK(S) AND ASSOCIATBD PIPING: $1,000,000 Bach Loss, $2,000,000 Aggregate Monroe County Board of Commissioners is listed. as additional insured. as required. by contract or written agreement. CERTIFICATE HOLDER CANCELLATION USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ~ 19. ~ @ACORDCORPORATION 1988 Monroe County Board of Commissioners Public Works Division 1100 S~nton St., Rm. 2-231 Key West , PL 33040 ACORD 25 (2001/08) valwle 13069535 ACORaM ( CERTIFICATE OF LIABILITY INSURANCE I DA TE (MMlDDlYYYY) 09/28/09 PRODUCER 1-999-999-9999 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Wells rargo Insurance Services USA, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 300 River Place, Suite 2900 AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Detroit, ~ 48207 INSURERS AFFORDING COVERAGE NAIC # Aaron Tutor 1-713-358-7836 INSURED I INSURER A: Greenwich Insurance Company Ocean Reef Club ! INSURER B: ACB Property . Casual ty Ins Co 35 Ocean Reef Drive, Suite 200 ! INSURER C: Key Largo, rL 33037 I INSURER 0: I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR 11-fE 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 DO' POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION A GENERAL LIABILITY RGB4.000120 06/01/09 X COMMERCIAL GENERAL UABILlTY CLAIMS MADE ~ OCCUR X SIR: $25,000 COMBINED SINGLE LIMIT $ (Ea accident) BODILY INJURY $ (Per person) BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ (Per accident) AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ 06/01/10 EACH OCCURRENCE $ 25,000,000 AGGREGATE $ 25,000,000 $ $ $ $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ 06/01/10 GEN'L AGGREGATE LIMIT APPLIES PER: PRO- LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY ANY AUTO B EXCESSlUMBRELLA LIABILITY XOOG2 4. 8 9 8 209 X OCCUR D CLAIMS MADE DEDUCTIBLE X RETENTION $ 10,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ~P~~:~~~~V:S~bNS below OTHER LIMITS $2,000,000 $ 500,000 $ Bxcluded $ 2,000,000 $3,000,000 PRODUCTS-COM~OPAGG $9,000,000 MED EXP (Anyone person) PERSONAL & ADV INJURY GENERAL AGGREGATE DESCRIPTION OF OPERA nONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS ror inquiries regarding this certificate, please contact: AaroD Tutor - Arthur J. Gallagher Risk Management Services, Inc. - 1-713-358-7836 - aaroD_tutor@ajg.com MOnroe County Board of Commissioners i. included aa additional insured where required ~ contract or written agreement. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE lEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR llABIUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENT A nVE CERTIFICA TE HOLDER CANCELLATION Monroe County Board of Commissioner. 11000 Simonton St., Rm. 2-231 Key West, PL 33040 USA ACORD 25 (2001/08) atutorocean 13131846 '~-mm~ @ACORD CORPORATION 1988 ACORQ,,' CERTIFICATE OF LIABILITY INSURANCE I DA TE (MMJDDlYYYY) 09/28/09 PRODUCER 1-999-999-9999 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Wells Fargo Insurance Services USA, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 300 River Place, Suite 2900 AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Detroit, ~ 48207 ! Aaron Tutor 1-713-358-7836 i INSURERS AFFORDING COVERAGE NAIC # INSURED I INSURER A: Greenwich Insurance Company Ocean Reef Club I INSURER B: 35 Ocean Reef Drive, Suite 200 INSURER C: Key Largo, FL 33037 ! INSURER 0: 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 DO' POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY COMMERCIAL GENERAL UABILlTY CLAIMS MADE D OCCUR A AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS RAD4000121 06/01/09 EACH OCCURRENCE $ $ MED EXP (Anyone person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ 06/01/10 COMBINED SINGLE LIMIT (Ea accident) $4,000,000 BODILY INJURY $ (Per person) . BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ (Per accident) AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EACH OCCURRENCE $ AGGREGATE $ $ $ $ E.L EACH ACCIDENT $ E.L DISEASE - EA EMPLOYEE $ E.L DISEASE - POUCY LIMIT $ GEN'L AGGREGATE LIMIT APPLIES PER: PRO- LOC EXCESSlUMBRELLA LIABILITY OCCUR D CLAIMS MADE GARAGE LIABILITY ANY AUTO DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ~~~~~~P~~~~bNS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Por inquiries regarding this certificate, please contacta Aaron Tutor - Arthur J. Gallagher Risk Management Service.,. Inc. - 1-713-358-7836 - aaron_tutort'ajg.cOlD MOnroe County Board of Commissioners is included as additional insured where required by contract or written agreement. CERTIFICATE HOLDER CANCELLATION 11000 S~nton S~., Ra. 2-231 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABIUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Monroe County Board of Commissioner. Key West, FL 33040 USA .~ ~/l m~1-~ @) ACORD CORPORATION 1988 ACORD 25 (2001/08) atutorocean 13131819 'ACORQ.. CERTIFICATE OF LIABILITY INSURANCE I DA TE (MM/DOIYYYY) 10/15/09 PRODUCER 1-713-623-2330 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Arthur J. Gallagher Risk Management Service., :Inc. ONL Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1900 West Loop South AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 1600 I Houston, TX 77027 i INSURERS AFFORDING COVERAGE Sean Murphy 1-713-358-5808 NAIC # INSURED ! INSURER A: Zurich American Ins Co 16535 Ocean Reef Club, Inc. I INSURER B: 35 Ocean Reef Drive I I INSURER C: Key Largo, rL 33037 I INSURER D: 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 DO' POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION COMBINED SINGLE LIMIT $ (Ea accident) BODilY INJURY $ (Per person) BODilY INJURY $ (Per accident) PROPERTY DAMAGE $ (Per accident) AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EACH OCCURRENCE $ AGGREGA TE $ $ $ $ 05/01/10 X E.L. EACH ACCIDENT $1,000,000 E.L DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POUCY LIMIT $1,000,000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABIUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTA nVE . tn .-l. ~~~L~ ~ACORD CORPORATION 1988 GENERAL LIABILITY COMMERCIAL GENERAL UABILlTY CLAIMS MADE 0 OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: PRO- r\\. ' , \ ' \ LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESSlUMBRELLA LIABILITY OCCUR 0 CLAIMS MADE DEDUCTIBLE RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORJP ARTNERlEXECUTIVE OFFICER/MEMBER EXCLUDED? ~~~~:~~~~151oNS below OTHER t<<:387842803 05/01/09 DESCRIPTION OF OPERA nONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLA nON Monroe County Board of COIIIIDi..ioner. Public WOrk. Division 1100 Simonton St., Ra. 2-231 Key We.t , PL 33040 OSA ACORD 25 (2001/08) valwle 13338495 LIMITS EACH OCCURRENCE $ $ $ $ $ $