Item J12C ounty of M onroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
The FlOnda Key
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Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
July 18, 2018
Agenda Item Number: J.12
Agenda Item Summary #4419
BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Rich Jones (305) 289 -2805
n/a
AGENDA ITEM WORDING: Approval of Contract with Coral Construction Company, Inc. for
Removal, Refloating and /or Demolition and Disposal of Derelict Vessels, Floating Structures and
Marine Debris
ITEM BACKGROUND: At its June 20, 2018, BOCC meeting the Board approved the selection of
seven contractors for the `Removal, Refloating And /Or Demolition And Disposal Of Derelict
Vessels, Floating Structures and Marine Debris, including: Arnold's Auto & Marine Repair, Inc.,
Adventure Environmental, Inc., Coffin Marine Services, Inc., Lower Keys Marine Towing &
Salvage, Inc., American Underwater Contractors, Inc., Coral Construction Company, and
Underwater Engineering Services, Inc. Subsequently, staff prepared contracts for these selected
marine contractors.
The attached contract with Coral Construction Company provides for a three -year term retroactive to
July 1, 2018, with the option to renew for one additional two -year term. There is currently budgeted
$156,000 in State Boating Improvement Funds (BIF) for FY'2019 for derelict vessel /debris
removals.
PREVIOUS RELEVANT BOCC ACTION:
June 2018- Approval of selection of seven firms for derelict vessel removal work, including
Arnold's Auto & Marine Repair, Inc., Adventure Environmental, Inc., Coffin Marine Services, Inc.,
Lower Keys Marine Towing & Salvage, Inc., American Underwater Contractors, Inc., Coral
Construction Company, and Underwater Engineering Services, Inc.
CONTRACT /AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Contract with Coral Construction Company
FINANCIAL IMPACT:
Effective Date: July 1, 2018
Expiration Date: June 30, 2021
Total Dollar Value of Contract: n/a
Total Cost to County:
Current Year Portion:
Budgeted: Yes
Source of Funds: State BIF 157- 62520 - 530340
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
07/18/18 157 -62520 - BOATING IMPROVEMENT
Account 530340
$0.00
I W TA 1 IH W. -Is
Peter Morris
Completed
Emily Schemper
Skipped
Assistant County Administrator Christine
Hurley
06/29/2018 5:03 PM
Jaclyn Carnago
Skipped
Budget and Finance
Completed
Maria Slavik
Completed
Kathy Peters
Completed
Board of County Commissioners
Pending
06/29/2018 2:54 PM
06/29/2018 10:06 AM
Completed
07/02/2018 8:07 AM
07/02/2018 9:08 AM
07/02/2018 9:14 AM
07/02/2018 9:37 AM
07/18/2018 9:00 AM
MONROE COUNTY
CONTRACT FOR REMOVAL, REFLOATING AND/OR DEMOLITION AND DISPOSAL
OF DERELICT VESSELS, FLOATING STRUCTURES AND MARINE DEBRIS
11 1 1 111 1 11 Wil l '! IIIIII I I!,
By executing this Contract, CONTRACTOR makes the following express
representations • warranties to the COUNTY:
CONTRACTOR 1.1.1 The shall maintain all necessary licenses, permits, or other
authorizations necessary to act as CONTRACTOR for the COUNTY until the
CONTRACTOR'S duties hereunder have been fully satisfied.
1.1.3 The CORTRACTOR assumes full responsibility to the extent allowed by law with
regards to his performance and those directly ulnder his employ.
At all times • • •! !e Contract C ONTRACTOR r ; ,.
independent contractor and not an employee of the COUNTY. No statement
contained r be construed r as to find the CONTRACTOR or
any of employees, • • s or agents to !- employees
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of the COIRTT. As an independent contractor the CONTRACTOR shall provide
independent, professional judgment and comply with all federal, state, and local
statutes, ordinances, rules and regulations applicable to the services to be
provided.
1.1.6 The CONTRACTOR shall not discriminate against any person on the basis of
race, creed, color, national origin, sex, age, or any other characteristic or aspec)
which is not job related, in its recruiting, hiring, promoting, terminating, or any
other area affecting employment under this Contract or with the provision of
services or goods under this Contract.
1.1.7 The effective date of this Contract shall be the last day • which this Contract
signed by both of the parties.
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CONTRACTOR is required to have active licenses required to fulfill the requirements of
each particular job.
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2.1 Correction of Errors, Omissions, Deficiencies. The CONTRACTOR shall,
without additional compensation, promptly correct any errors, omissions, deficiencies, or
conflicts in the work product of the CONTRACTOR.
2.2 Notice Requirement. All written correspondence to the COUNTY shall • dat
and signed by an authorized representative of the CONTRACTOR. Any notice requir
or permitted under this Contract shall be in writing and hand delivered or mailed,
postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the
following: I
To the COUNTY: Monroe County Board of County Commissioners
Marine Resources Office
Attn: Senior Administrator - Marine Resources
2798 Overseas Highway, Suite 410
Marathon, FL 33050
I WOW TIZW$I*I I I I l Eel 2
Chelsea Lyons
Coral Construction Company
1362 107 Street Gulf
Marathon, FL 33050
Furthermore, a Notice of Termination may be accomplished by e-mail, but shall be
immediately formalized in writing by the party seeking to terminate and sent to the other
party by certified mail, return receipt requested.
Article 3.0 County's Responsibilities
3.1 The C
fulfillment of authorized Task Order(s) issued to the CONTRACTOR, with the
understanding that the site conditions to which such information pertain or relate may bi;
subject to change.
3.2 The COUNTY shall desiginate a representative to act on its behalf with respect to
g,aid issued Task Ordell
3.3 Approve a schedule for the completion • individual Task Ordell mutually-
tgreeable to both the CONTRACTOR and the COUNTY.
3A Prompt written notice shall • given by the COUNTY and its representative to the
CONTRACTOR if they become aware of any fault or defect in the work performed or
non-conformance with this Contract, Written notice shall be deemed to have been duly
gerved if sent pursuant to Paragraph 2.3.
3.5 The COINTT's review of any documents prepared by the CONTRACTOR shaE
be so!lely for the purpose of determining whether such documents are generally
consistenit with the COUNTY's criteria, as, and if, modified. No review of such
,documents shall relieve the CONTRACTOR of responsibility for the accuracy,
, ..dequacy, fitness, suitability, or coordination of its work product,
UTMIE � • • 1 • Work Assignments, Subcontractors
4.2 Additional authorizations may contain additional instructions or provisions
specific to the authorized work for the purpose of clarifying certain aspects of the work
to be undertaken. Such supplemental instruction or provisions shall not be construed as
a modification of this Contract. Authorizations shall be dated, numbered and clearly
relate to the specific job assignment so that they can easily be related to the specific
assignment. Where available, the authorization shall refer to the name of the vessel,
and its location.
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5.4 The CONTRACTOR agrees that no charges or claims for damages shall be
made by it for any delays or hindrances attributable to the COUNTY, for whatever
cause, during the progress • any portion • the services specified in this Contract. T
CONTRACTOR agrees that it shall not be entitled to damages for delay I
5.6 The extent of liability is in no way limited to, reduced, or lessened by the
insurance requirements contained elsewhere in this Contract.
5.7 This indemnification shall survive the expiration or early termination of th;
Contract.
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6.2 For its assumption and performances of the duties, obligations, and
responsibilities set forth herein, the CONTRACTOR shall be paid in accordance wii
assigned Tasks and completion of Tasks, based on submitted invoices. All invoice
must meet NRCS standards and requirements. I
(A) If the CONTRACTOR's duties, obligations, and responsibilities are materially
changed by amendment to this Contract after execution of this Contract,
compensation due to the CONTRACTOR shall be equitably adjusted, either
upward or downward;
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6.4 The billing rates of the CONTRACTOR for a particular job shall be determined
and mutually agreed upon in writing, by and between the CONTRACTOR and the
COU NTY, in a written Task Order prior to COU NTY authorization for the
CONTRACTOR to commence the work.
6.5 Payment Sum. The COUNTY shall pay the CONTRACTOR in current funds for
the CONTRACTOR's performance of such work.
6.6 Local Government Promipt Payment Act. Payment will be made accordimg
to the Local Government Prompt Payment Act. Any request for payment must be in a
form satisfactory to the Monroe County Clerk of Court, The request must describe in
detail the services performed, the payment amount requested, and supporting
documentation, including copies of receipts from the transfer station,
6.7 Reimbursable Expenses. Expenses potentially reimbursable by/from non-
County federal and/or state government agencies, incurred by the CONTRACTOR in
the interest of the work include the following expenses:
(A) Reimbursable expenses including transportation (excluding airfare),
lodging, meals and incidentals are included in hourly rates shown approved •
the COUNTY and CONTRACTOR for each discretely identified position.
UbL Irl I 111ateriais! seit it) �Pertormlng try';�
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scope of services.
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7.1.1 The CONTRACTOR shall obtain insurance as specified and maintain the
required insurance at all times that this Contract is in effect, In the event the completil
of authorized work is delayed or suspended as a result of the CONTRACTOR's fai lur
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to purchase or maintain the required insurance, the CONTRACTOR shall indemnify the
COUNTY from any and all increased expenses resulting from such delay.
7.1.2 Failure to maintain coverage shall be considered a valid reason for the COUNTY
to terminate this Contract.
7.1.3 The County, at its sole option, has the right to request a certified copy of any
all insurance policies required • this Contract. i
7.1.4 Delays in the commencement of work, resulting from the failure of the
CONTRACTOR to provide satisfactory evidence of the insurance required under this
Contract, shall not extend deadlines specified in this Contract, and any penalties and
failure to perform assessments shall be imposed as if the work commenced on the
specified date and time,
7.2.2 The CONTRACTOR will not be permitted to commence work governed by this
Contract (including pre ging of personnel and material) until satisfactory evidence of
the insurance required by this Contract has been furnished to the COUNTY as specified
herein, and where applicable the CONTRACTOR shall provide proof of insurance for all
approved subcontractors,
of said coverage. Said coverage shall be written by an insurer acceptable to the
COUNTY and shall be in a form acceptabile to the COUNTY.
7.2.4 Prior to the commencement of work governed by this Contract, the
CONTRACTOR shall obtain and maintain General Liability insurance. Coverage shal.
be continuously maintained and include, at a minimum:
(A) Premises Operations
(B) Bodily Injury Liability
The minimum limits acceptable shall be
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An Occurrence Form policy is preferred. If coverage is provided on a Cla la e
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policy, its provisions should include coverage for claims filed on or after the effe
d e • o dd o e •e od o be -r
r, atf this Cntract. In aitin, thri fr which claims may rorted sh o u
extend for a minimum of twelve months (1 2) following the acceptance of work by t
County.
The Monroe County Board of County Commissioners shall be named as Addition
Insured on all policies issued to satisfy the above requirements. i
MR - 114110-as
The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the
required insurance, either:
0 Certificate of Insurance
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The COfITRACTOR may be required to submiit a Letter of Authorization issued by t
Department of Labor and a Certificate of Insurance, providing details on the
CONTRACTOR'S Excess Insurance Program. I
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Recognizing that the work governed • this Contract requires the use of vehicles,
the CONTRACTOR, prior to the commencement of work, shall obtain Vehicle Liability
Insurance. Coverage shall be maintained throughout the life of the contract and include,
9.,s a minimum, liability coverage for:
The minimum limits acceptable shall be:
(A) $100,000 Bodily Injury by Accident
(B) $500,000 Bodily Injury by Disease, policy limits
(C) $100, 000 B•• ily I njury by Disease, each employee
(D) Employer's Liability- Statutory limits
7.4.3 Coverage shall be maintained throughout the entire term of the contract.
11 of 23
Coverage shall be provided by a company or companies authorized to transact]
business in the state of Florida.
7.4.5 If the CORTRACTOR has been approved by the Florida's Department of Lab
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 Excesis Insurance Program.
7.4.6 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,
Prior to commencement of work governed by this Contract, the CONTRACTOR
shall obtain Jones Act and/or Longshoremen and Harbor Workers Compensation —
Insurance with limits sufficient to respond to the applicable state and/or Federal
Q-tatutes.
The COUNTY shall be named as an additional insured with respect to t
CONTRACTOR's liabilities hereunder. I
7.5.2 The CONTRACTOR shall require its subcontractors to be adequately insured at
least to the limits prescribed above, and to any increased limits of the CONTRACTOR if
so required by the COUNTY during the term of this Contract. The COUNTY will not pay
for increased limits of insurance for subcontractors.
The CONTRACTOR shall provide to the COUNTY certificates of insurance or a
copy of all insurance policies including those naming the COUNTY as an additional
insured. The COUNTY reserves the right to require a certified copy of such policies
upon request.
HIMISM03114VID21111111 [a] ff.-j IVA
The CONTRACTOR is encouraged to consult with its advisors about Florida Public
Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the
terms and conditions of this contract, the CONTRACTOR is required to -
13 of 23
The CONTRACTOR shall not transfer custody, release, alter, destroy or
provision • as otherwise provided by law.
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relationship, contractual or otherwise, with or any rights in favor of, any third
party.
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(A) In the event the CONTRACTOR shall be found to be negligent in any aspect
of the service or work, the COUNTY shall have the right to terminate the
Contract after five (5) days' written notification to the CONTRACTOR.
By signing this Contract, CONTRACTOR represents that the execution of this
Contract will not violate the Public Entity Crimes Act (Section .
Statutes). Violation • this section shall result in termination of this Contract and!
recovery of all monies paid hereto, and may result in debarment from COUNTY's
competitive procurement activities.
CONTRACTOR will promptly notify the COUNTY if it or any subcontractor
*r subconsultant is formally charged with an act defined as a "public entity
Crime" or has been placed on the convicted vendor list.
11.1.5 Claims for Federal Aid. 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 Contract; provided that all applications, requests, grani
proposals, and funding solicitations shall • approved by each party prior to
submission.
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or resulting from the award or making of this Contract. For the breach or violation
of the provision, the CONTRACTOR agrees that the COUNTY shall have the
right to terminate this Contract 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.
11.2.0 Covenant of No Interest. CONTRACTOR and COUNTY covenant that neither
presently has any interest, and shall not acquire any interest, which would conflict in any
manner oir degree with its performance under this Contract, and that only interest of
each is to perform and receive benefits as recited in this Contract.
11.2.1 Federal Contract Requirements. The CONTRACTOR and its subcontractors
must follow the provisions as set forth in Appendix 11 to Part 200, as amended, including
buttot li to:
11.2.2 Equal Employment Opportunity. Except as otherwise provided under 41 CFR
Part 60, all contracts that meet the definition of "federally assisted construction contract"
in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41
CFR 60�1.4(b).
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comply with all the requirements as imposed by the AUA, the regulations ot the Federal
goivernment issued thereunder, and the assurance by the CONTRACTOR pursuant
thereto.
11.3.4 NRCS Regulations. NRCS administers the EWP program through the following
torities:
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Section 403 of Title IV of the Agricultural Credit Act of 1978, Public Law 95-334;
and
Section 382, Title 111, of the 1996 Farm Bill Public Law 104-127; and
Codified rules for administration of the EWP program are set forth in 7 CFR 624.
Article 16. No Personal Liability. No covenant or ag!reement 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 Contract or be subject to
any personal liability or accountability by reason of the execution of this Contract.
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r.rticle 22. Authority. Each party represents and warrants to the other that the
execution, delivery and performance of this Contract have been duly authorized by all'
necessary County and corporate action, as required by law.
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Article 25. Section Headings. Section headings have been inserted in this Contract as
a matter of convenience of reference only, and it is agreed that such section headings
are not a part of this Contract and will not be used in the interpretation of any provision
of this Contract.
Article 26. Execution in Counterparts. This Contract 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
-xecute this Contract • signing any such counterpart.
In Witness Whereof, the parties have executed this contract as indicated below.
(SEAL) BOARD OF COUNTY COMMISSIONERS
-�EVIN MADOK, CLERK MONROE COUNTY
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name and title: � _ � � � ,r
COUNTY OF VVVA VV& —
The foregoing instrument was acknowledged and attested before me this77 �K day of
v 2018, y wh,� �
b o , ersonally4lno� to me
Oro; ification
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or produced as proo 6
and did take an oath.
Print Name
By:
Witness (Signature)
RM MIMI
PRODUCER
Kelly White & Associates Insurance, LLC
P.O. Box 350909
Jacksonville
INSURED
Coral Construction Company
PC BOX 500582
HOUSE
904 -880 -8881
kelly cr.kwhiteinsurance.com
FL 32235 INSURERA : Capitol Specialty Ins Cc
INSURERS MAPFRE Insurance Company of Florida
INSURER e : Nautilus Insurance Company
INSURER D : Wesco Insurance Company
INSURER E: Markel Specialty
NAIC
[ — Marathon FL 33050 -0582 1IN§URgRF: f f
rntrFRer;l =R (`PP H:IC.ATP nlllenRF=P- CORA1 806281 4581 62 Rt= arlclnm M11MRPP.
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.
INSR
LTR
TYPE OF INSURANCE
ADDLSUBR
POLICY NUMBER
POLICY EFF
IMMIDDIYYYYI
POLICY EXP
IMM4DD1YYYYI
LIMITS
A
sX
COMMERCIALGENERALLIABILITY
CLAIMS MADE ®OCCUR
CS17007427 -01
10/31/2017
1013112018
EACH OCCURRENCE
S 1,000,000
DAMAGE TO RENTED
PREMISES Ea occurrence
S 100,000
MED EXP (Any one person)
S 5,000
&ADVINJURY
S 1,000,000
GEN'L
AGGREGATE LIMIT APPLIES PER
POLICY F JE Q LOC
OTHER:
- PERSONAL
GENERAL AGGREGATE
S 2,000,000....
PRODUCTS - COMPtOP AGO
S 1,000,
5
B
AUTOMOBILE
LIABILITY
ANY AUTO
OWNED X SCHEDULED
AUTOS ONLY AUTOS
MIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
5204070001917
01116/2018
0111612019
COMBINED SINGLE LIMIT
Ea arcident
5
BODILY INJURY (Per Person)
_
5 1,000,000
BODILY INJURY (Per accident)
5 1,000,000
x
PROPERTY DAMAGE
Per accident
S 1,000,000
S
C
X
UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIMS -MADE
I
AN044660
10/31/2017
1013112018
I
EACH OCCURRENCE
5 1,000,000
AGGREGATE
5 1,000,000
®ED I I RETENTION 5
5
D
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETORIPARTNE'RIEXFCUTIVE YfN
OFFICER/MEMBER EXCLUDED"? rY
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
NIA
WWC3316817
12/12/2017
12/1212018
c - ' O A TH`
USL&H6006F
E.L EACH ACCIDENT
E. L. DISEASE - EA EMPLOYEE.
S 1,0()0,000
S 1,000,000
E.L. DISEASE - POLICY LIMIT I
& 1,000,000
E
Contractors Equipment
MKLM31M0050203
03/01/2018
03101/2019
Scheduled
Equipment Only
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF„ NOTICE WILL BE DELIVERED IN
Monroe County Board of County ACCORDANCE WITH THE POLICY PROVISIONS.
Commissioners c/o Purch Dept
AUTHORIZED REPRESENTATIVE
1100 Simonton Street
Key West FL 33040,
O 1588.2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD