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01/16/1997 AgreementV AGREEMENT II This Agreement is made and entered into this /�P day of JAbL(,WRy , 199�, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or County", and Reef Relief, hereinafter referred to as "Provider." WHEREAS, a need exists in Monroe County to provide maintenance to the reef mooring system located in State waters off of Key West consisting of approximately 116 buoys; and WHEREAS, the parties desire to contract for maintenance of the reef mooring buoys; NOW THEREFORE IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. Amount: The Board, in consideration of -,the Provider substantially and satisfactorily providing maint�64iice for the reef mooring buoy system described above, shall:pay theme Provider 1 - the sum of Twenty-five Thousand Dollars ($25,00GO per annum:: 2. Term: The term of this Agreement shall be JuF 1,`1996 through June 30, 1997. 3. Payment: Payment shall be paid semi-annually, in the amount of $12,500 each, upon provision by Provider to Clerk of Board of an invoice and documentation that the services have been provided. Payment requests submitted to the Board via the Clerk's Finance Office, shall be paid by the County subject to the funded amounts below. Payments will be made only for invoices which are reviewed and approved upon evidence of provision of services by the provider which shall be in the form of a letter, summarizing the services rendered, with supporting documentation attached. The letter must contain a certification statement as well as a notary stamp and signature. After the Clerk of the Board examines and approves the request for reimbursement, the Board shall reimburse the Provider. 4. SCOPE OF SERVICES: The Provider, for the consideration named, covenants and agrees with the Board to maintain the reef mooring buoys. This maintenance shall include but is not limited to all labor, materials, and equipment. 5. INSURANCE: The Provider will be responsible for all necessary insurance coverage as indicated by an "X" on the attached forms identified as INSCKLST 1-4, as further detailed on forms WC1, WCJA, GL1, and WL1 attached as Exhibit A. All policies must list Monroe County as Additional Insured with the Exception of the Worker's Compensation policy. 6. RECORDS: The Provider shall maintain appropriate records to insure a proper accounting of all funds and expenditures, and shall provide a clear financial audit trail to allow for full accountability of funds received from said Board. Access to these records shall be provided during weekdays, 9 a.m. to 5 p.m., upon request of the Board, the State of Florida, or authorized agents and representatives of the Board or State. The Provider shall be responsible for repayment of any and all audit exceptions which are identified by the Auditor General of the State of Florida, the Clerk of the Court for Monroe County, and independent auditor, or their agents and representatives. In the event of an audit exception, the current fiscal year contract amount or subsequent fiscal year contract amounts shall be billed by the Board for the amount of the audit exception and the Provider shall promptly repay any audit exception. 7. INDEMNIFICATION AND HOLD HARMLESS: The Provider covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Provider occasioned by the negligence, errors, or other wrongful act or omission of the Provider's employees, agents, or volunteers. 8. INDEPENDENT CONTRACTOR: At all and for all purposes hereunder, the Provider is an independent contractor and not an employee of the Board. No statement contained in this agreement shall be construed so as to find the Provider or any of its employees, contractors, servants, or agents to be employees of the Board. 9. COMPLIANCE WITH LAW: In Providing all services pursuant to this agreement, the Provider shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provision of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the Provider. 10. PROFESSIONAL RESPONSIBILITY AND LICENSING: The Provider shall assure that all professionals have current and appropriate professional licenses and professional liability insurance coverage. Funding by the Board is contingent upon retention of appropriate local, state, and/or federal certification and/or licensure of the Provider's program and staff. 11. FUNDING OF PROJECT: The maintenance work to be performed under this agreement is contingent upon grant funding from the Florida Department of Environmental Protection Boating Improvement Fund. If this grant is denied, then no compensation is due under this Contract. Reef Relief acknowledges the contingent nature of the State Funding and agrees that, if the grant is denied, Reef Relief may not make claim for compensation under this agreement or by way of estoppel, detrimental reliance or otherwise. Reef Relief understands the rules of the Department of Environmental Protection and shall comply with said rules, along with the rules and procedures instituted by the Board to ensure an orderly progress to the project. Both the intent and the requirements of the specific job are understood by Reef Relief. 12. MODIFICATIONS AND AMENDMENTS: Any and all modifications of the services and/or reimbursement of services shall be amended by an agreement amendment, which must be approved in writing by the Board. 13. NO ASSIGNMENT: The Provider shall not assign or subcontract this agreement except in writing and with prior written approval of the Board, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This agreement shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions herein. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon the Board in addition to the total agreed upon reimbursement amount for the services of the Provider. 14. NON-DISCRIMINATION: The Provider shall not discriminate against any person on the basis of race, creed, color, national origin, sex or sexual orientation, age physical handicap, or any other characteristics or aspect which is not job -related in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement. At all times, the Provider shall comply with all applicable laws and regulations with regard to employing the most qualified person(s) for positions under this agreement. The Provider shall not discriminate against any person on the basis of race, creed, color, national origin, sex or sexual orientation, age, physical handicap, financial status, or any characteristic or aspect in its providing of services. 15. AUTHORIZED SIGNATURES: below certifies and warrants that: The signatory for the Provider (a) The Provider's name in this agreement is the full name as designated in its corporate charter, if a corporation, or the full name under which the Provider is authorized to do business in the State of Florida; (b) He or she is empowered to act and contract for the Provider; and (c) This agreement has been approved by the Board of Directors of the Provider if the Provider is a corporation. 16. NOTICE: Any notice required or permitted under this agreement shall be in writing and hand -delivered or mailed, postage prepaid, by certified mail, return receipt requested, to the other party as follows: and For Board: Monroe County Attorney 310 Fleming Street, 2nd Floor Key West, Fl 33040 Kim McGee Marine Projects Coordinator 5100 College Road Key West, F1 33040 17. CONSENT TO JURISDICTION: This agreement shall be construed by and governed under the laws of the State of Florida and venue for any action arising under this agreement, shall be Monroe County, Florida. 18. NON -WAIVER: Any waiver of any breach of covenants herein contained to be kept and performed by the Provider shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the Board from declaring a forfeiture for any succeeding breach, either of the same conditions or covenants or otherwise. prese: above (SEAL ATTES' Witness 19. PURCHASE OF PROPERTY: All property, whether real or personal, purchased with funds provided under this agreement, shall become the property of Monroe County and shall be accounted for pursuant to Chapter 274, Florida Statutes, except that buoys obtained with funding under this agreement shall be considered tangible goods with a life expectancy of less than a year and shall not be assigned a property identification number. 20. ENTIRE AGREEMENT: This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the Provider and the Board. IN WITNESS WHEREOF, the parties hereto have caused these ted as of the day and year first written LHAGE, CLERK (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BY DEPUTY CLERK BOARD OF/COUJWY COMMISSIONERS OF MONR TY, IDA By:_ . Mayor/ hairman PROVIDER: Pe d �e- 11 e� BY J ///CG1lo'i goe - d'P& (Federal ID No. Exhibit A Arril 22, 1993 1st Prirwing MONROE COUNTY, FLORIDA INSURANCE CHECKLIST FOR VENDORS SUBA11TTING PROPOSALS FOR WORK To assist in the development of your proposal, the insurance coverages marked with an "X" will be required in the event an award is made to your firm. Please review this form with your insurance agent and have him/her sign it in the place provided. It is also required that the bidder sign the form and submit it with each proposal. 'A'OItKERS' COMPENSATION AND EMPLOYERS' LIABILITY X Workers' Compensation WC 1 Employers Liability WC2 Employers Liability WC3 Employers Liability f WCUSLIJ US Longshoremen & Harbor Workers Act WCJA X_ Federal Jones Act Administ+ativc lmtrwiion 1/4709.01 1NSCKLST Statutory Limits $100,000/$500,000/$100,000 $ 500, 000/$ 500, 000/$ 500, 000 $1, 000, 000/$1, 000, 000/$1, 000, 000 Same as Employers' Liability Same as Employers' Liability 6 Arn it 22. 1993 f GENERAL LIABILITY As a minimum, the required general liability coverages will include: • Premises Operations Products and Completed Operations • Blanket Contractual Personal Injury • Expanded Definition of Property Damage Required Limits: GLl % $100,000 per Person; $300,000 per Occurrence $50,000 Property Damage or ' $300,000 Combined Single Limit GI-2 $250,000 per Person; $500,000 per Occurrence $50,000 Property Damage or $500,000 Combined Single Limit GI-3 $500,000 per Person; $1,000,000 per Occurrence $100,000 Properly Damage or _..,$1,000,000 Combined Single Limit Required Endorsement: GLXCU Underground, Explosion and Collapse (XCU) GLLIQ Liquor Liability All endorsements are required to have the same limits as the basic policy. Administrative lrtstrucli M N4709.01 INSCKLS'I' 6 7 Alxil 22. 1993 Ih 1'rinling VEHICLE LIABILITY As a minimum coverage should extend to liability for: • Owned; Nonowned; and Hired Vehicles Required Limits: VL 1 VL2 rr VL3 BR1 MVC PRO PR02 PR03 POL I POL2 POL3 ED1 ED2 GK 1 GK2 GK3 MED I MED2 MED3 Admink(rativc Irr;truclion 04709.01 $50,000 per Person: $100,000 per Occurrence $25,000 Property Damage or $100,000 Combined Single Limit $100,000 per Person; $300,000 per Occurrence $50,000 Property Darnage or $300,000 Combined Single Limit $500,000 per Person; $1,000,000 per Occurrence $100,000 Property Damage or $1,000,000 Combined Simile Limit MISCELLANEOUS COVERAGES Builders' Limits equal to the Risk completed project. Motor Truck Limits equal to the maximum Cargo value of any one shipment. Professional $ 250,000 per Occurrence/$ 500,000 Agg. Liability $ 500,000 per Occurrence/$1,000,000 Agg. $1,000,000 per Occurrence/$2,000,000 Agg. Pollution $ 500,000 per Occurrence/$1,000,000 Agg. Liability $1,000,000 per Occurren.�e/$2,000,000 Agg. $5,000,000 per Occurrence/$10,000,000 Agg. Employee $ 10,000 Dishonesty $100,000 Garage $ 300,000 ($ 25,000 per Veh) Keepers $ 500,000 ($100,000 per Veh) $1,000,000 ($250,000 per Veh) Medical $ 500,000/$ 1,000,000 Agg. Professional $1,000,000/$ 3,000,000 Agg. $5,000,000/$10,000,000 Agg. INSCKLST 8 Apra 22. 11rl3 Isl MI -ding IF Installation Maximum value of Equipment Floater Installed VLP1 Hazardous $ 300,000 (Requires MCS-90) VLP2 Cargo $ 500,000 (Requires MCS-90) VLP3 Transporter $1,000,000 (Requires MCS-90) BLL Bailee Liab. Maximum Value of Property HKLI HKL2 Hangarkeepers $ 300,000 H KL3 Liability $ 500,000 $ 1,000,000 AIR I Aircraft $25,000,000 AIR2 AIRS 0 Liability $ 1,000,000 $ 1,000,000 AEO1 AE02 Architects Errors $ 250,000 per Occurrence/$' 500,000 Agg. AE03 & Omissions $ 500,000 per Occurrence/$1,000,000 Agg. $ 1,000,000 per Occurrence/$3,000,000 Agg. WL1 % Watercraft Liability $500,000 INSURANCE AGENT'S STATEMENT f I have reviewed= die above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES Liability policies are _ Occurrence — Claims Made u1bulance Agency Sigbnature BIDDERS STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Bidder Adminislralivc lmtrudiou INSCKLS,r 84709.01 Signature 9 April 22. 1993 1.t Prinding WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers Compensation Insurance with limits sufficient to respond to Florida Statute 440. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida and the company or companies must maintain a minimum rating of A -VI, as assigned by the A.M. Best Company, If the Contractor has been approved by the Florida's Department of Labor, as an authorized self - insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. Administrative Instruclicm WC 1 #4709.1 81 WORKERS' COJ%1PENSATION INSURANCE REQUIREMENT'S FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract involves Maritime Operations, the Contractors 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 Employers 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. r Administrative Instruction WCJA M4709.1 84 April 22. 1993 ]M Printing GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability • Expanded Definition of Property Damage The minimum limits acceptable shall be: $300,000-Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100, 000 per Person $300,000 per Occurrence $ 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the efTective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. Adminigmlive lrntrudion G L I d4709.1 54 April 22. 1993 N P'rinling WATER CRAFT LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior td 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 rninimtlln: • 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 tite shipowner. The minimum limits acceptable shall be: $500,000 Combined Single Limit (CSL) Coverage provided by a Protection and Indemnity Club (P&I) shall be subject to the approval of the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. Administrative rrntrudion WL 1 114709.1 86 m NON -COLLUSION AFFIDAVIT I, A Cd " "�'SE of the city of_2L1QS according to law on my oath, and under penalty of perjury, depose and say that; 1) l am an mQ�G�VI0 k ce'l t ,the bidder making the Proposal for the project described as follows: RQ_ Q__4 2) The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5) The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said Proiect. STATE OF (Signature of Bidder) COUNTY OF /� 12 DATE PERSONALLY APPEARED BEFORE ME, the undersigned authority, .�C ( L 05 C who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this day ofQ_Le.�-� �� , 19. My commission expires: NOTARY PUBLIC OMB - MCP FORM #1 ' MyCOMMS.SIONN K. McGee i CC52932g EXPIRES Much St w sOM0ECMI 1geY 24, I TMA! �ANCE, INC. ETHICS CLAUSE warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance no. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former C u officer or employee. v � (signature Date:/'? b �/M,, STATE OF COUNTY OF ► "l O v� iG ..� PERSONALLY APPEARED BEFORE ME, the undersigned authority, C1 tirL ( L ��- (� who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this' day of QU 0/) , 19 . 1 ''10 NOTARY PUBLIC My commission expires: 14, ��•,, - _ �, Gloria K. INct�e s OMB -MCP FORM #4 ;� f W9 ". uac. DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: � e- c_�- (2 e-4 (� c-F (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispens- ing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition ofworking on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Norida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Bidder's Signature Date MCP#5 REV. 6/91 INTERISK CORPORATION Consultants Risk Management Employee Benefits February 5, 1997 Ms. Donna Perez, ARM Risk Manager County of Monroe 5100 College Road, Room 207 Key West, Florida 33040 Re: Reef Relief Insurance Waiver Dear Donna: I I I I North Westshore Boulevard Suite 208 Tampa, FL 33607-4711 Phone (813) 287-1040 Facsimile (81.3) 287-1041 After review of the documents forwarded, it is our conclusion that in waiving the requirement for both Workers Compensation and for Jones Act coverage for Reef Relief and its sub- contractor, the County will be assuming the remote potential for vicarious liability in the event of a serious injury to either the sub -contractor or a volunteer of Reef Relief. Typically, the Jones Act holds the owner of a vessel liable/responsible for injury or death to a "Seaman." The definition of a "Seaman" is determined in each individual case but usually includes the following elements: >' vessel must be in navigable water >� claimant must have permanent connection to the vessel (i.e. regularly work on the vessel) >� claimant must be involved in the actual operation of the vessel. The sub -contractor's status as independent and not an employee may affect his standing as a "Seaman." It is understood that Reef Relief is the owner of the vessel which will be utilized in the fulfillment of this contract. Courts have held other entities contractually or vicariously liable for Jones Act benefits, however, it is rare that an entity other than the vessel owner is held responsible. Based upon the remote potential that the County could be held liable for injury to volunteers or the sub -contractor of Reef Relief, it is recommended that the County waive the Workers Compensation/Jones Act requirements for this contract. H- Gl_7L -- Reef Relief may wish to consider the addition of a strong hold harmless in their contractual relationship with the sub -contractor and future purchase of Protection and Indemnity insurance coverage to best protect Reef Relief's potential liability. Please advise if you wish to discuss this issue in more detail. Sincerely, INTERISK CORPORATION Kathy Gordon � DATE (MM/DD/YY) O `. I � '. 04/22/97 PRODUCER HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION American Advantage Insurance NLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE OLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR FALTER 2001 SW 20th Street THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Lauderdale, F1 33315 COMPANIES AFFORDING COVERAGE COMPANY Markel Insurance Company A INSURED COMPANY B Reef Relief, Inc. ��J COMPANY P.O. Box 430 Key West, FL 33041 C COMPANY D CGVMAWS THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I LC4O TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MWDD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS GENERAL LIABILITY BODILY INJURY OCC $ BODILY INJURY AGG $ COMPREHENSIVE FORM PROPERTY DAMAGE OCC $ PREMISESIOPERATIONS UNDERGROUND EXPLOSION & COLLAPSE HAZARD PROPERTY DAMAGE AGG $ BI & PD COMBINED OCC $ PRODUCTS/COMPLETED OPER BI & PD COMBINED AGG $ CONTRACTUAL PERSONAL INJURY AGG $ INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY AUTOMOBILE LIABILITY APPROVED BY K 'AG MENT BODILY INJURY $ ANY AUTO (Per person) ALL OWNED AUTOS (Private Pass) BY ALL OWNED AUTOS (Other than Private Passenger) BODILY INJURY (Per accident) $ HIRED AUTOS DATE /y- ��� NON -OWNED AUTOS L4- PROPERTY DAMAGE $ ' GARAGE LIABILITY WAIVER: N/A YES --�, �d'C X(� BODILY INJURY & PROPERTY DAMAGE $ COMBINED EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND STATUTORY LIMITS EMPLOYERS' LIABILITY EACH ACCIDENT $ THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE DISEASE - POLICY LIMIT $ OFFICERS ARE: EXCL DISEASE - EACH EMPLOYEE $ A OTHER Watercraft & Eq. CM2001191 03/15/97 03/15/98 Hull $ 10,000 Liability Liability $300,000 DESCRIPTION OF OPERATWNS/LOCATIONSIVEHICLES/SPECIAL ITEMS County of Monroe SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE College e o CoRoad � 2 O 7 EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 Keyy West, , FL 33040 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILU MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY S ontLOl OF A IND UPON TH MPANY, ITS AGE OR REPRESENTATIVES. AUTH0920 REP ENT IV f DATE (hf11t/DD/Y y) PRODUCER The Johnsons Insurance Agency 13361 Overseas Highway Marathon FL 33050 The Johnson Insurance Agency 305-289-0213 INSURED Reef Relief PO Box 430 Key West FL 33041 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. COMPANIES AFFORDING COVERAGE COMPANY A USF&G COMPANY B COMPANY C COMPANY D ................. THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSIIRANCE POLICY ARA [B & POLICY EFFECTIVE POLICY EXPIRATIO I LTR I I I DATE (MM/DD/YY) DATE (MM/DD/YY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE $300, 000 A X COMMERCIAL GENERAL LIABILITY 1 MP30085733702 05/10/96 05/10/97 PRODUCTS - COMP/OP AGG S 300, 000 CLAIMS MADE OCCUR PERSONAL & ADV INJURY $ OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE S 100,000 FIRE DAMAGE (Any one fire) $ MED EXP (Any one person) $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT I $ - Y/ BODILY INJURY $ (Per person) BODILY INJURY $ (Per accident) PROPERTY DAMAGE - $ .. n , GARAGE LIABILITY DATE AUTO ONLY - EA ACCIDENT S OTHER THAN AUTO ONLY: ANY AUTO c//J WA11TR' N/A YFS EACH ACCIDENT $ AGGREGATE S EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ Is OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY STATUTORY LIMITS EACH ACCIDENT $ THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE DISEASE - POLICY LIMIT $ DISEASE - EACH EMPLOYEE $ OFFICERS ARE: EXCL OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEH[CLES/SPECIAL ITEMS NON-PROFIT ORGANIZATION "CERTIFICATE HOLDER IS ALSO ADDITIONAL INSURED" _ MONRO-6. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE A �J EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Monroe County Board of County � 1 710 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Commissioners 111 5100 College Road BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Key West FL 33040 OF ANY KIND UPON THE COMPANY, AGENTS OR REPRESENTATIVES. ' y %'yj�,,� AUTHORIZED REPRESENTATIVE , �o n r` q Perez— �L u'^ Ijie lr"j� The Johnson s Insuran a c� lyd 1996 Edition MONROE COUNTY, FLORIDA Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract. Contractor: R" �� f KC Contract for: Prel OT* w� l Address of Contractor: P.O. 6K 436 Phone: Scope of Work: Reason for Waiver: Policies Waiver will apply to: Signature of Contractor: Risk Management Date County Administrator appeal: Approved: Date: Board of County Commissioners appeal: Approved: _ Meeting Date: Administration Instruction #4709.2 Not Approved: Not Approved: 103 J Reef Relief 3052939515 P.02 02-06-1997 I.Awton Chiles Gverror OVuy jo-el eon Secreury STATE OF FLORIDA DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY DIVISION OF WORKERS' COMPENSATION Compliance Unit 2562 Executive Circle East Suite 201. Montgomery Building Tallahassee, Florida 32399-0661 NAME BUSINESS REEF RELIEF INC AnnRr=SS P p BOX 4 3 0 CITY KEY WEST STATC FL ZIP 33041 THIS CERTIFIES THAT THE INDIVIDUAL BELOW PURSUANT TO FLORIDA WORKERS' COMPENSATION LAW, CHAPTERS 440.04 AND 440.05 F.S. HAS FILED THE FOLLOWING FORM(S). Certificate of Exemption of Coverage Under Workers' Compensation Law (BCM 207) NAME CRAIG TITLE PRESIDENT OUIROLO EFFECTIVE DATE WITHDRAWAL. DATF 01/30/1995 - N/A -..- PHONE (904) 488-2333 TDD 1-800-955-8771 -- VOICE 1-800-955-8770 INTERISK Consultants Risk Management Employee Benefits February 5, 1997 Ms. Donna Perez, ARM Risk Manager County of Monroe 5100 College Road, Room 207 Key West, Florida 33040 Re: Reef Relief Insurance Waiver Dear Donna: CORPORATION 1111 North Westshore Boulevard Suite 208 Tampa, FL 33607-4711 Phone (813) 287-1040 Facsimile (813) 287-1041 After review of the documents forwarded, it is our conclusion that in waiving the requirement for both Workers Compensation and for Jones Act coverage for Reef Relief and its sub- contractor, the County will be assuming the remote potential for vicarious liability in the event of a serious injury to either the sub -contractor or a volunteer of Reef Relief. Typically, the Jones Act holds the owner of a vessel liable/responsible for injury or death to a "Seaman." The definition of a "Seaman" is determined in each individual case but usually includes the following elements: vessel must be in navigable water X" claimant must have permanent connection to the vessel (i.e. regularly work on the vessel) x" claimant must be involved in the actual operation of the vessel. The sub -contractor's status as independent and not an employee may affect his standing as a "Seaman." It is understood that Reef Relief is the owner of the vessel which will be utilized in the fulfillment of this contract. Courts have held other entities contractually or vicariously liable for Jones Act benefits, however, it is rare that an entity other than the vessel owner is held responsible. Based upon the remote potential that the County could be held liable for injury to volunteers or the sub -contractor of Reef Relief, it is recommended that the County waive the Workers Compensation/Jones Act requirements for this contract. Reef Relief may wish to consider the addition of a strong hold harmless in their contractual relationship with the sub -contractor and future purchase of Protection and Indemnity insurance coverage to best protect Reef Relief's potential liability. Please advise if you wish to discuss this issue in more detail. Sincerely, INTERISK CORPORATION ze�y_ Kathy Gordon a1:. CERTIFICATE OF INSURANCE 04/22/97 PRODUCER American Advantage Insurance 2001 S.W 2 0 th Street Fort Lauderdale, F l 33315 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. ___ __ COMPANIES AFFORDING COVERAGE COMPANY Markel Insurance Company . A INSURED r! COMPANY B Reef Relief, Inc. ----- ---- - P.O. BOX 430 Key West, FL 33041 COMPANY C —-------- COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD I 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER LTR POLICY EFFECTIVE POLICY EXPIRATION I LIDS DATE (MMIDD/YY) DATE (MMIDO/YY) GENERAL LIABILITY BODILY INJURY OCC $ [BODILY INJURY AGG $ COMPREHENSIVE FORM PREMISES(OPERATIONS UNDERGROUND L—! EXPLOSION & COLLAPSE HAZARD PRODUCTS/COMPLETED OPER I �--�I CONTRACTUAL INDEPENDENT CONTRACTORS PROPERTY DAMAGE OCC j $ PROPERTY DAMAGE AGG 1. $ BI & DOMBINED OCC is BI & PD COMBINED AGG is PERSONAL INJURY AGG $ I BROAD FORM PROPERTY DAMAGE I 1 PERSONAL INJURY AUTOMOBILE LIABILITY j APPROVE BY K ANY AUTO I ALL OWNED AUTOS (Private Pass) BY ALL #wthanOWNED AUTOS (OCrer than Private Passenger) 'AG MENT I �.^'V /), �./ (Y/ � BODILY INJURY (PerPe—) BODILY INJURY (----cadent) $ I $ PROPERTY DAMAGE $ HIRED AUTOS . DATE NON -OWNED AUTOS Jril (( .I 1� GARAGE LIABILITY WAVER: NSA -YES i BODILY INJURY & PROPERTY DAMAGE COMBINED $ EXCESS LIABILITY I UMBRELLA FORM EACH OCCURRENCE I : AGGREGATE Is i $ I OTHER THAN UMBRELLA FORM j WORKERS COMPENSATION AND I I STATUTORY LIMITS EACH ACCIDENT $ EMPLOYERS' LIABILITY DISEASE - POLICY LIMIT $ THE PROPRIETOR/ INCL PARTNERSIEXECUTIVE OFFICERS ARE: EXCL' I', DISEASE -EACH EMPLOYEE S A!Watercraft & Eq.j CM2001191 03/15/97�03/15/98.Hull $ 10,000 Liability Liability $300,000 DESCRI MN OF OpEMTMS LOCA'nONSIVEHICLES/SPECIAL ITEMS I� 19-7 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE County of Monroe 5100 College Road # 2 0 7 EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLIER NAMED TO THE LEFT, Key West, FL 33040 BUT FAILU MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF A IND.. UPON TH PANY, ITS AGENTS OR REPRESENTATIVES. 7AUTHO REPR ENT IV r ;7 ACORD 25-N (3/93) 1 © AGUnU cUKI`UnvA I1U" raa + I CERTIFICATE FINS CE CSR LK DATE(hU4I/DDlYY) _.:... REFER-1! 04/28/97 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE The Johnsons Insurance Agency 13361 Overseas Highway HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Marathon Fl. 33050 COMPANIES AFFORDING COVERAGE The Johnsons Insurance Agency 305-289-0213 COMPANY A USF&G INSURED COMPANY B COMPANY Reef Relief C COMPANY PO BOX 430 Key Nest FL 33D41 D COVERAGES THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Co LTR TYPE OF IiwURANCE POLICY NL? IBER POLICY F.FFECTM DATE (MM/DD/YY) POLICY EXPIRATIO DATE (MM/DD/YY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE f 3OO OOO X PRODUCTS-COMP/OP AGO $300,000 A COMMERCIAL GENERAL LIABILITY 1MP30085733702 05/10/96 05/10/97 CLAIMS MADE XM OCCUR PERSONAL & ADV INJURY f EACH OCCURRENCE $ 100,000 OWNER'S & CONTRACTOR'S FROM FIRE DAMAGE (Arty one fire) S MED EXP (Any one person) f AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT f ANY AUTO BODILY INJURY (Per per—) f ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) f HIRED AUTOS NON -OWNED AUTOS 11UU �' APPROVED,RRI�(y�{/�'/}�' 1 J \ ENT PROPERTY DAMAGE f , y`—` Di GARAGE LIABILITY DATE AUTO ONLY - EA ACCIDENT f OTHER THAN AUTO ONLY: ' _...:;..... ANY AUTO WA11TR: N/A YF.S EACH ACCIDENT f AGGREGATE f EXCESS LIABILITY EACH OCCURRENCE f AGGREGATE Is UMBRELLA FORM Is OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND STATUTORY LIMITS EACH ACCIDENT f ElIPLOYERS' LLABILITY DISEASE - POLICY LIMIT f THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE OFFICERS ARE: EXCL DISEASE - EACH EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHJCLES/SPECIAL ITEMS NON-PROFIT ORGANIZATION "CERTIFICATE HOLDER IS ALSO ADDITIONAL INSURED" CERTIFICATE .HOLDER -. CANCELLATION _.. _ ._ MONRO-6 / Monroe County Board of County LlC � SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO TIDE CERTIFICATE HOLDER NAMED TO THE LEFT, Commissioners I Road BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 5100 College NY Key Nest FL 3Road OF AKIND UPON THE COMPANY, AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE f—A 4 /v `. 0,9 r-, J-, et Pe- rC' Z- k' h'14W `LJ F .r.. n� The Johnsons I nsuran; a c/rIZ4 ACORD 25-S (3/93)'' ACORlYCORPORATION'1093 1996 Edition MONROE COUNTY, FLORIDA Request For Waiver df Insurance Requirements It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract. ( c Contractor: M (KC . Contract for: Address of Contractor: P.O • LJ L ✓Q Phone: Scope of Work: Reason for Waiver: Policies Waiver will apply to: Signature of Contractor: Risk Management Date County Administrator appeal: Approved: Date: Board of County Commissioners appeal: Approved: _ Meeting Date: Administration Instruction #4709.2 Not Approved: Not Approved: 103 J free t Re I i of 3052'73'�515 P.02 02--06-1997 Ct� Lawton Chiles Gverror OVvg joloel'?)n Secretary STATE OF FLORIDA DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY DIVISION OF WORKERS' COMPENSATION Compliance Unit 2562 Executive Circle East Suite 201. Montgomery Building Tallahassee, Florida 32399-0661 NAME BUSINESS RIEEF RELIEF INC AnnFtFSS P O BOX 430 CITY KEY WEST STATE FL ZIP 33041 THIS CERTIFIES THAT THE INDIVIDUAL BELOW PURSUANT TO FLORIDA WORKERS' COMPENSATION LAW, CHAPTERS 440.04 AND 440.05 F.S. HAS FILED THE FOLLOWING FORM(S). Certificate of Exemption of Coverage Under Workers' Compensation Law (BCM 207) NAME CRAIG TITLE PRESIDENT QUI ROLO EFFECTIVE DATE WITHDRAWAL. DATE 01/30/1995 - NIA - .. - PHONE (904) 488-2333 TDD 1-800-955-8771 -- VOICE 1-800-955-8770 INTERISK Consultants Risk Management Employee Benefits February 5, 1997 Ms. Donna Perez, ARM Risk Manager County of Monroe 5100 College Road, Room 207 Key West, Florida 33040 Re: Reef Relief Insurance Waiver Dear Donna: CORPORATION I I I I North Westshore Boulevard Suite 208 Tampa, FL 33607-4711 Phone (813) 287-1040 Facsimile (813) 287-1041 After review of the documents forwarded, it is our conclusion that in waiving the requirement for both Workers Compensation and for Jones Act coverage for Reef Relief and its sub- contractor, the County will be assuming the remote potential for vicarious liability in the event of a serious injury to either the sub -contractor or a volunteer of Reef Relief. Typically, the Jones Act holds the owner of a vessel liable/responsible for injury or death to a "Seaman." The definition of a "Seaman" is determined in each individual case but usually includes the following elements: >� vessel must be in navigable water x" claimant must have permanent connection to the vessel (i.e. regularly work on the vessel) >_'t claimant must be involved in the actual operation of the vessel. The sub -contractor's status as independent and not an employee may affect his standing as a "Seaman." It is understood that Reef Relief is the owner of the vessel which will be utilized in the fulfillment of this contract. Courts have held other entities contractually or vicariously liable for Jones Act benefits, however, it is rare that an entity other than the vessel owner is held responsible. Based upon the remote potential that the County could be held liable for injury to volunteers or the sub -contractor of Reef Relief, it is recommended that the County waive the Workers Compensation/Jones Act requirements for this contract. Reef Relief may wish to consider the addition of a strong hold harmless in their contractual relationship with the sub -contractor and future purchase of Protection and Indemnity insurance coverage to best protect Reef Relief's potential liability. Please advise if you -wish to discuss this issue in more detail. Sincerely, INTERISK CORPORATION 4#f Kathy Gordon