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FY1993 03/04/1993 GpUNfy Q V : O OUNT T • f ;Danny I. IotIjage • BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE 3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY, FLORIDA 33070 TEL. (305) 289 -6027 KEY WEST, FLORIDA 33040 TEL. (305) 852 -7145 TEL. (305) 292 -3550 M E M O R A N D U M TO: Division of Management Services c/o County Administrator FROM: Isabel C. DeSantis, Deputy Clerk .1) 9 � DATE: June 18, 1993 On March 4, 1993, the Board authorized execution of a Contract with American Red Cross of the Upper Keys in the amount of $10,000.00 for human service provider funding. Attached hereto is a duplicate original of the subject Contract which should be returned to the American Red Cross of the Upper Keys. cc: County Attorney Finance Risk Management w/o document File A G R E E M E N T C1 mm p �i day Iil�'l t� THIS AGREEMENT is made as of the of , • 1993, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" and AMERICAN RED CROSS OF THE UPPER KEYS, hereinafter referred to as "Red Cross ". WHEREAS, the Board recognizes the value of the disaster assistance, information and referrals, and health and safety training that the Red Cross provides to the citizens of • Monroe County, and; WHEREAS, the Board desires to encourage, support and enhance the services of the Red Cross, and; WHEREAS, the Board recognizes the public purpose to be met by a grant to the Red Cross to enable the Red Cross to enhance the services provided to the citizens of Monroe County in the fiscal year 1992 -93; now therefore, IN CONSIDERATION of the services provided to the citizens of Monroe County, the Board and the Red Cross agile _2 as follows: t.,„ rn • c_ 1. AMOUNT OF GRANT. The Board, grants the sum of TEn • Thousand Dollars ($10,000) to the Red Cross for the fiscat year 1992 -93 to enable the Red Cross to hire a Part -Time -3 Administrative Assistant. The Grant is based on the following salary requirements of the Red Cross: Salary $ 8,630.00 Benefits 1,370.00 Total Grant $10,000.00 2. TERM. This Agreement shall commence October 1, 1992, and terminate September 30, 1993, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be paid monthly, no more than two weeks subsequent to the submission of the properly documented request for reimbursement. Proper documentation is determined by the Clerk of the Board. The total of the said monthly payments in the aggregate sum shall not exceed the total amount of Ten Thousand Dollars ($10,000) during the term of this Grant. 4. SCOPE OF SERVICES. Red Cross agrees to use the Grant from the Board exclusively for the purpose of paying the salary and salary benefits to a Part -Time Administrative Assistant in order to continue to provide services to the citizens of Monroe County located north of Conch Key. 5. RECORDS. Red Cross shall maintain appropriate records to insure a proper accounting of all funds and 1 expenditures, and shall provide a clear financial audit trail to allow for full accountability of funds received from the Board. Access to these records shall be provided during weekdays, 8 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. Red Cross 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 Court for Monroe County, an independent auditor, or their agents and representatives. In the event of an audit exception, the current fiscal year grant amount or subsequent fiscal year grant amounts shall be offset by the amount of the audit exception. In the event this agreement is not renewed or continued in subsequent years through new or amended grants, Red Cross will be billed by the Board for the amount of the audit exception. Red Cross shall have opportunity to exhaust all administrative appeal rights prior to any offset or repayment of an audit exception. 6. INDEMNIFICATION AND HOLD HARMLESS. Red Cross 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 rendered under this Agreement by Red Cross. In the event the completion of services is delayed or suspended as a result of Red Cross' failure to purchase or maintain required insurance, Red Cross shall indemnify the Board from any and all increased expenses resulting from such delay. The First Ten Dollars ($10) of remuneration paid to Red Cross is for the indemnification provided above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. 7. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, Red Cross is an independent contractor and not an employee of the Board. No statement contained in this agreement shall be construed so as to find Red Cross or any of its employees, contractors, servants or agents to be employees of the Board. 8. COMPLIANCE WITH LAW. In providing all services pursuant to this Agreement, Red Cross 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 or 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 Red Cross. 9. PROFESSIONAL RESPONSIBILITY AND LICENSING. Red Cross shall assure that all professionals providing services pursuant to this agreement have current and appropriate professional licenses and professional liability insurance coverage. 10. INSURANCE. Red Cross shall obtain, prior to the commencement of work governed by this agreement, at its own expense, that insurance specified in the insurance requirements forms for worker's compensation, general liability, and vehicle liability, which schedules are attached hereto and incorporated herein by reference. The Board, at its sole option, has the right to request a certified copy of any or all insurance policies required by this agreement. If a certificate of insurance is provided, the County - prepared form must be used. "Accord Forms" are not acceptable. All insurance policies must specify that they are not subject to cancellation, non - renewal, material change, or reduction in coverage unless a minimum of forty -five (45) days prior notification is given to the Board by the insurer. The standard language of "endeavor to provide notification" is insufficient. The acceptance and /or approval of Red Cross' and subcontractor's insurance shall not be construed as relieving Red Cross or subcontractor from any liability or obligation assumed under this agreement or imposed by law. Monroe County, Monroe County Board of County Commissioners, its employees and officials shall be included as "additional insureds" on all policies required under this agreement, except for worker's compensation. Any deviations from these general insurance requirements must be requested in writing on the County - prepared form entitled "Request for Waiver or Modification of Insurance Requirements" and approved by Monroe County's Risk Manager. 11. 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. 12. NO ASSIGNMENT. Red Cross shall not assign this agreement except in writing and with the 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 and any assignee 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 Red Cross. 13. NON- DISCRIMINATION. Red Cross 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 characteristic 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, Red Cross shall comply with all applicable laws and regulations with regard to employing the most qualified person(s) for positions under this agreement. Red Cross 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 other characteristic or aspect in its providing of services. 14. AUTHORIZED SIGNATORY. The signatory for Red Cross, below, certifies and warrants that: (a) Red Cross' name in this agreement is the full name as designated in its corporate charter, if a corporation, or the full name under which Red Cross is authorized to do business in the State of Florida. (b) He or she is empowered to act and contract for Red Cross; and (c) This agreement has been approved by the Board of Directors of Red Cross, if Red Cross is a corporation. 15. NOTICE. Any notice required or permitted under this agreement shall be in writing and hand - delivered or mailed, postage pre -paid, by certified mail, return receipt requested, to the other party as follows: For Board: Monroe County Attorney 310 Fleming Street, Room 29 Key West, Florida 33040 For Red Cross: Susan M. Foust American Red Cross of the Upper Keys Post Office Box 672 Tavernier, Florida 33070 Change in the address or person to whom notice is to be delivered must be presented to the other party in writing in compliance with this paragraph. 16. 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 in Monroe County, Florida. 17. NON - WAIVER. Any waiver of any breach of covenants herein contained to be kept and performed by Red Cross 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. 18. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified herein, this agreement may be terminated immediately at the option of the Board by written notice of termination delivered to Red Cross. The Board shall not be obligated to pay for any services or goods provided by Red Cross after Red Cross has received written notice of termination, unless otherwise required by law. 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 statutory requirements. 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 Red Cross and the Board. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By : a 41,44Ai Deputy Clerk P Y BOARD OF COUNTY COMMISSIONERS OF MONRO • , OY, FLORIDA By: /may. �!!, % n ' ii /i' (S AT By: 0 9 / IrN Secretary III 'y II, 01 3 AMERICAN RED CROSS OF THE UPPER KEYS By: ‘ N■ 1SA\kA ¢ kElk4 xeCuti ve Di rector APPROVED TO FORA/ GAL SU FFICIENC ter.,._" Date � l GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the s ha ll Ctractor maintainedtthroughoutlthealifetof lthercontracto age and shall be m include, as a minimum: o Premises Operations o Products and Completed Operations o Blanket Contractual Liability o Personal Injury Liability o Expanded Definition of Property Damage o Medical Payments The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) $ 5,000 Medical Payments If split limits are provided, the minimum limits acceptable shall be $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage $ 5,000 Medical Payments 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 effective 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. Monroe County and Monroe County's Board of County Commissioners shall be named as Additional Insureds on all policies issued to satisfy the above requirements. • 1 GL1 i WORKERS' COMPENSATION INSURANCE REQUIREMENTS LEOP 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 the applicable state's statutes. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $200,000 Bodily Injury by Disease, each employee $200,000 Bodily Injury by Disease, policy limits 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 shall 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 will be required to submit updated financial statements from the fund upon request from the County. • 1 WCl ' ; BOARD OF COUNTY COMMISSIONERS — � __ MAYOR, Jack London, District 2 • 0 U N TY o M 0 N RO E , �� Mayor Pro Tem, A Earl Cheal, District 4 � 4 %- r. Wilhelmina Harvey, District 1 KEY WEST FLORIDA 33040 4; 6 { f Shirley Freeman, District 3 (305) 294 -4641 ` ! � fl ° T Mary Kay Reich, District 5 M E M O R A N D U M • To: Beth Leto • County Attorney's Office From: Kay Bahleda Risk Management ' 0 9 Date: June 16, 1993 Subject: Upper Keys American Red Cross Funding Agreement Attached please find a facsimile of a Certificate of Insurance for subject agreement. This Certificate is in compliance with the insurance specifications of the agreement and may be forward- ed to the Clerk's office for execution. The original Certificate has already been mailed to us and should be received later this week. If you have any questions, please call. vl.vi ti 1 ' r Y� itot W ww i7 1993 COUNTY ATTY JUN 14 '93 04:01PM -,2i CERTIFICATE OF INSURANCE D ATE ISSUED - BROKER • THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS N • RIGHTS UPON THE CERTIFICATE HOLDER. IT DOES NOT AMEND, EXTEND OR ALTER TH , COVERAGE AFFORDED BY THE POUCY(IE(S) LISTED BELOW. 1 C OMPANIES AFFORDING COVERAGE Sed ' k James w TAIN • ENO* Join GI VINEM M. !ill 4430 Fakba Caro, Bulk GOO AO/Ion, virp+ s ztt03 COMPANY • y o u r ooe A Red Cross Kindly hapteueat renewal Information through `' • COMPANY 2 INSURED • COMPANY 3 Receiv \ I MIN American Red Cross Rink hit t, Received Control ■ COMPANY 4 DATA _A,-,Z4-52-2 ,: .•.w* a - , A i,■ /- 111 17th & D Streets 200 COMPAN + Washi ngton, D.C. 1 20008 COVE HA(a1 THY IS TO CERTIFY THAT 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 THI$ CERTIFICATE MAY BONSO ISSUED MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU. THE TERMS, EXCLUSIONS, AND CONDF ppucY EFFECCnvE POLICY E}fpIAAT10N LIABILITY LIMITS (000) CO TYPE OF INSURANCE POLICY NUMBER DATE (MMlDU7YY) DATE (MMJDDJYY) GENEMLAGGAEOATE 1 , 000 I GENERAL LIABILITY PRODUCT$.COMPJCPE AGGREGATE 0 COMMERCIAL GENERAL LIABILITY RMGLA3264903 10l /9 / /93 PERSONAL C AOVEATISING INJURY 1 El �' CtAIMS MADE �OCCUARENCE 1 000 a OWNER'S 8 CONTMCTORS PROTECTIVE EACH DCCUMENCE � Q40 $14000 PIKE DAMAGE (ANY ONE RAE) �� MEDICAL ExPENSE (ANY ONE PERSON) $ 5 ill W N i,i 4 wt AUTOMOBILE LIABILITY CSL $ ; ; ' i:1::f • ANY A UTO :'t h : " w . ALL OWNED AUTOS Y ajar ':HIS(«A';} SCHEDULED AUTOS (PEA PERO N) $ lj,pw,lTu J li, E IN MIRED AUTOS EDGILY n..;:; ' ,;. SEAT .. ,.7: ,..•, r NON•OWN10 AUTOS Mop $ ! ;} 0 ,,,,o,:';;. is u. Ni GARAGE LIABILITY 4 4%. ,, ; ;a: ' PADPEA�Y ; l U t 4 . , :044 DAMAGE $ �'�•.,� EACM AGGREGATE .��� � EXCESS LIABILITY ,, s IM El OTHER THAN UMBRELLA FORM 'T,.. ",,. „n 1 STATUTORY �jii.)'” 0147f7:.w,d■'r.'i:04 WORKERS' COMPENSATION . (EACH ACCIDENT) AND • $ (DISEASE - POLICY uMln EMPLOYERS' LIABILITY . $ (DISEASE EMPLOYEE OTHER MIMI . • SCRI` ION OF OPERATIONS/ LOCATIONS /VEHICLl TI iefFSPECIAL ITEMS pper Keys Chapter-Additional Insured: Monroe County Board of County ammissioners w /respect to receipt of a grant from the below. Cat TIFICATE HOLDER CANCELLATION THE ISSUING COMPANY WILL ENDEAVOR TO MAILDAYS WRITTEN NOTICE TO THE Monroe County Board of Commissions CERTIFICATE HOLDER NAMED AT THE BOTTOM, S.•--- CANCELLATI• TAKE PLACE C/0 Risk Management •. - ••-+ IC - RE T • MA UCH NOTICE' ALL IMPOSENO 5100 College Rd OBLIGATION ORA6ITY or ANY IN• •'ON THE COM: Y ITS AGENTS OR Key West FL 33040 RE RESENT • _ •P • - 12ED . - ---". —. JUN 14 '93 04:02PM P.3 /3 • - Sedgwick CERTIFICATE OF COVERAGE This is to certify that the Chapter named below is currently self - insured through the American National Red Cross in the State of Florida: Name of Chapter: Upper Keys Chapter American Red Cross P 0 Box 672 Tavernier FL 33070 Coverage Type of Coverage Period Limits of Liability Workers' Compensation 01/01/93 to Statutory Benefits 01/01/94 Employers' Liability 01/01/93 to $1,000,000 -Each Bodily Injury by Accident 01/01/94 Accident Employers' Liability 01/01/93 to $1,000,000 -Each Bodily Injury by Disease 01/01/94 Employee Employers' Liability 01/01/93 to $].,000,000- Policy Bodily Injury by Disease 01/01/94 Limit (From 12:01 A.M. to 12:01 A.M. Standard Time) Date: June 14, 1993 Sedgwick James f virginia, Inc. /'I r By: r It Au o r- Representative 4001 Fairfax Dr., Ste 300 Arlington, VA 22203 This certificate is issued as a matter of information only and confers no rights upon the certificate holder.