Item D07 D.7
G BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
September 18, 2019
Agenda Item Number: D.7
Agenda Item Summary #5997
BULK ITEM: Yes DEPARTMENT: Risk Management
TIME APPROXIMATE: STAFF CONTACT: Maria Slavik(305) 295-3178
N/A
AGENDA ITEM WORDING: Approval for the Mayor to sign the Settlement and Release
Agreement between Monroe County Board of County Commissioners and Goodman-Gable-
Gould/Adjusters International and Citizens Property Insurance Corporation and acceptance of the
additional amount of$1,353,834.47, bringing total payments to $2,722,042.68, as final payment for
windstorm damages caused by Hurricane Irma.
ITEM BACKGROUND: At the time of Hurricane Irma which occurred on September 9, 2017, the
County's windstorm damages were assigned claim number 001-00-103102 under Policy 400015845
with Citizens Property Insurance Corporation with a cumulative coverage limit of$30,877,000. The
policy Replacement Cost Value Windstorm Coverage for County Buildings and Contents Maximum
is $1,000,000 per location with various deductibles by location, 90% co-insurance.
Citizens previously paid $1,041,993.52. Citizens is now offering an additional payment of
$1,353,834.47 to resolve all outstanding claims by the County against its Citizens policy. If
approved, the total payout would be $2,272,042.68.
The County's consultant, Pat Cuccaro of Goodman-Gable-Gould, recommends that the settlement
proposal is fair and should be accepted. Citizens discounted the claim slightly for claims attributable
to damage to the Gato building. The consultant advises that while we do not agree with Citizens'
position, this is an argument that we could lose. Citizens is taking the position that the cause of loss
was spray from a body of water, rust or corrosion, all of which are exclusions under the policy.
If accepted, total payout to the County will be $2,722,042.68 which includes previous payments of
$1,041.993.52, less applicable deductibles in the amount of$326,214.69 and the current payment in
the amount of$1,353,834.47.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES:
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D.7
None
STAFF RECOMMENDATION: Approve and sign the Release.
DOCUMENTATION:
Stamped Settlement and Release of Disputed Claim Indemnity
Monroe County Supplement Letter 8.14.19
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date: N/A
Total Dollar Value of Contract: $0
Total Cost to County: $0
Current Year Portion: $0
Budgeted: $0
Source of Funds: N/A
CPI: N/A
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: N/A If yes, amount:
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details:
REVIEWED BY:
Cynthia Hall Completed 08/29/2019 6:12 PM
Bob Shillinger Completed 08/30/2019 5:15 PM
Budget and Finance Completed 09/03/2019 9:00 AM
Kathy Peters Completed 09/03/2019 9:54 AM
Board of County Commissioners Pending 09/18/2019 9:00 AM
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D.7.a
CITIZENS PROPERTY INSURANCE CORPORATION
PO Box 19700
JACKSONVILLE,FLORIDA 32245-9700 CITIZENS
TELEPHONE 866.411,2742 MOKMY INSURANa taAPMnON
Release of Disputed Claim
Indemnity
Claim number: 001-00-103102
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Monroe County,Florida (hereinafter referred to as "Releasor"), being of lawful age, for and
in consideration of the total sum of Two Million,Seven Hundred Twenty-Two Thousand,
Forty-Two Dollars And Sixty-Eight Cents ($2,722,042.68), which includes which include, �s
previous payments in the amount of One Million,Forty-One Thousand, Nine Hundred
Ninety-Three Dollars And Fifty-Two Cents ($1,041,993.52), and less the applicable
deductibles in the amount of Three Hundred Twenty-Six Thousand,Two Hundred Fourteen
Dollars And Sixty-Nine Cents ($326,214.69); and further includes the current additional a�
payment in the amount of One Million, Three Hundred Fifty-Three Thousand, Eight
Hundred Thirty-Four Dollars And Forty-Seven Cents ($1,353,834.47), which current
additional payment shall be made payable to Monroe County, Florida and Goodman-Gable- CL
Gould/Adjusters International for other good and valuable consideration, received from or on
behalf of CITIZENS PROPERTY INSURANCE CORPORATION (hereinafter referred to as U)
"Releasee"), the receipt of which is hereby acknowledged.
(Wherever used, the term "Releasor" and "Releasee" shall include those parties
specifically named in this Release and all other entities and persons, natural and
corporate. The terms"Releasor" and "Releasee" shall also include singular and
plural, heirs, legal representatives, assigns of individuals, employees, agents,
servants, officers and directors, stockholders, attorneys, representatives, (n
successors, subsidiaries, affiliates, partners, predecessors or successors in interest,
assigns of corporations, whenever the context so admits or requires.)
HEREBY remise, release, acquit, satisfy, and forever discharge the Releasee of and from
any and all manner of action or actions, cause or causes of action, suits, debts, dues, sums E
of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts,
controversies, agreements, promises, variances, trespasses, damages,judgments,
executions,claims and demands whatsoever, whether direct or indirect, arising out of or
in connection with any and all claims made or which could have been made for damages
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D.7.a
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relating to the wind loss which occurred on or about September 9,2017 which was
assigned claim number 001-00-103102 under policy number 00015845; including claims
which were known or unknown, foreseen or unforeseen,accrued or unaccrued, and also
including all claims for attorneys' fees, interest, costs, and any and all other claims,
demands or damages arising under the policy, arising out of the adjustment process,
arising out of contract,arising under statute, or involving extra contractual relief, bad
faith,or unfair claims practices.
Releasor hereby acknowledges and agrees that Releasor further expressly waives and
assumes the risk of any and all claims for damages against Releasee which may exist as
of this date, but which the Releasor does not know or suspect to exist, whether through
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ignorance, oversight, error, negligence, or otherwise and which, if known, would
materially affect Releasor's decision to enter into this Release.
Releasor agrees to defend, indemnify and hold harmless the Releasee from all claims,
liens and/or subrogated interests, and agrees to satisfy all existing and future claims, liens
and/or subrogated interests arising out of or in connection with the subject matter of this
Release,to the extent allowed by F.S. 768.28.
Releasor declares, covenants and warrants that Releasor is over the age of eighteen
(18)years old, is legally empowered to execute this release, and that Releasor is suffering
from no legal, mental or physical disability which would impair or disable Releasor from
2
executing this Release and that there have been no representations and/or statements
4-
made by the Releasee hereto or their agents to influence Releasor in making or executing 0
this Release. a
Releasor declares, warrants and represents that no other party or parties has or have
any interest in the claim and no other claims exist upon the same facts and circumstances
of this claim. Releasor further represents, warrants and certifies that no assignment of
claim or assignment of benefits has been made. It is understood that the Releasor is a�
responsible for any Iiens, should they exist. Releasor shall be fully responsible for repair
and replacement of al I items of damage to the satisfaction of the mortgagee. Releasor
will hold harmless and indemnify Releasee for any damages claimed by the mortgagee,
its successors and assigns, due to failure of Releasor to repair or replace all items of
damage.
Releasor acknowledges that Releasor has been afforded a full and complete
opportunity to review this Release and has had the opportunity to consult personal
counsel prior to signing this Release. Releasor agrees that this Release should not be
construed more favorably toward one party over the other regardless of the drafter.
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D.7.a
Releasor fully understands the terms of this Release and is making, full and final
settlement'of all claims of any nature and character which Releasor has against Releasee.
It is further understood and agreed that this settlement is the compromise of the above
referenced disputed claim, and that the payment made is not to be construed as an
admission of liability or coverage on the part of Releasee, who expressly denies liability
or coverage for any additional amounts claimed. Releasor understands that this claim is
being settled as a business decision only, that payment of the additional sum specified
herein is being made as a complete compromise of matters involving disputed issues of
law and fact.
It is further understood and agreed that this Release contains the entire agreement
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between the parties to it, and that the terms of this Release are contractual and not a mere
recital.
IN WITNESS WHEREOF, I have hereunto set my hand on this -.,—,....,-day of
2019.
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Policyholder Signature MOMAOE coUNTY� y
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Policyholder Printed Name and Title U)
Witness 1 Signature Witness 1 Printed Name
Witness 2 Signature Witness 2 Printed Name (n
STATE OF FLORIDA
COUNTY OF (n
The foregoing instrument was acknowledged before me this mmmmmm_mm......day of .......... 2019, E
as identification and who ❑ did or ❑ did not take an oath.mm............................
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by El who is personally known to me or❑ who has produced
... M.mmmmmmmm.mmmmmmmmmmmmmm..................... ._.........................................................................................
Name (printed
or typed) Notary Public, State of Florida
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D.7.b
CITIZENS PROPERTY INSURANCE CORPORATION
P.O. Box 19700 pro
Jacksonville,FL 32245-9700 ��
CITIZENS
TELEPHONE:(866)411-2742 FAX:(888)392-6739 PROPERTY INSURANCE CORPORATION
August 14, 2019
Goodman-Gable-Gould/Adjusters International
Attention: Pasquale Cuccaro, Public Adjuster
6767 N Wickham Rd., Ste. 501
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Melbourne, FL 32940 as
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RE: Policyholder: Monroe County, Florida
Citizens Claim Number: 001-00-103102
Citizens Policy Number: 00015845
Date of Loss: September 9, 2017 (as reported)
Cause of Loss: Wind(Hurricane Irma)
Insured Locations: Multiple Locations (refer to policy declarations) to
ID
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Dear Mr. Cuccaro: W
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Citizens has completed review of the invoices submitted to us on July 22, 2017 for
completed repairs of the buildings at Location 14 (151 Marine Ave., Tavernier, FL 33070)
and 26 (1100 Simonton St., Key West, FL 33040). This letter follows our conversation on E
August 13, 2019 when we discussed Monroe County's claim. Enclosed is a payment in
the amount of $46,165.53 for the approved supplements at Location 14, along with our
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updated estimate and statement of loss, which is the basis for our payment.
Citizens reviewed the costs submitted for replacement of the chiller unit and coils U
completed by Air Mechanical & Service Corp. at Location 26. We held a conference call 0
with Blaine Buyers of Air Mechanical & Service Corp. and Paul Ferraro of Goodman- r-
Gable-Gould/Adjusters International on July 26, 2019 to discuss the reported damage.
During that call, we were advised by Air Mechanical & Service Corp. that the reported
damage was caused by corrosion by salt air due to sea spray during Hurricane Irma. E
In order for damage to be covered under Monroe County, Florida's Citizens Commercial
policy, the damage must be caused by one of the Covered Causes ofLoss found in the
policy form CAUSES OF LOSS—WINDSTORM OR HAIL FORM- CIT W10 10
02 16, which names the perils that are covered by this policy. You may refer to the
policy in Section A. Covered Causes of Loss for a full description of the covered perils.
In addition, exclusions from policy form CAUSES OF LOSS—WINDSTORM OR
HAIL FORM, CIT W10 10 02 16 also apply. Refer to B. Exclusions, beginning on
Page 1 of 4
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Page 1 of 4, for additional information about the applicable exclusions. Specifically,
refer to LE(1), h., and i., which exclude loss from spray from any body of water, rust,
corrosion, wear, tear and deterioration.
By stating the above reason that a portion of the claim is not afforded coverage, Citizens
Property Insurance Corporation does not intend to waive any policy defenses in addition
to those stated above, but specifically reserves its right to assert such policy defenses at
any time.
Based on our last telephone conversation, we understand that it is the position of Monroe
County, Florida that Citizens' estimate of covered damage is not adequate to repair the
claimed damage from Covered Causes of Loss. Citizens has verbally extended a global
offer of settlement to Monroe County, Florida via Goodman-Gable-Gould/Adjusters
International, for additional payment of$1,400,000 subject to a Release of Disputed
Claim, a copy of which is enclosed. Please note, this current payment of$46,165.53 is
accounted for as previous payment in the amounts reflected in the Release of Disputed
Claim.
Citizens looks forward to a response to the offer of settlement no later than August 23,
2019. If Monroe County, Florida agrees to the terms,please provide us with a copy of
the duly executed release.
If the abovementioned offer of settlement is declined, Citizens remains willing to
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consider new or additional information that has not been previously considered pertaining
to the following buildings:
Loc# Bldg# Building Description Building Address
2 1 ONE STORY MASONRY AARP 535 33RD ST,
BUILDING K/A MELVIN LOVITT MARATHON, FL 33050-
SENIOR CITIZEN BUILDING 2301
4 1 ONE STORY MASONRY 10600 AVIATION BLVD,
COUNTY OFFICE MARATHON, FL 33050- 0
3058
13 1 ONE STORY MASONRY AARP 380 KEY DEER BLVD,
BUILDING BIG PINE KEY, FL 33043-
4901
14 1 ONE STORY WIND RESISTIVE 151 MARINE AVE,
FIRE AND AMBULANCE TAVERNIER, FL 33070-
STATION 2620
17 1 ONE STORY MASONRY 3103 OVERSEAS HWY,
COURTHOUSE/POLICE MARATHON, FL 33050-
SUBSTATION 2346
20 1 ONE STORY MASONRY 3251 OVERSEAS HWY,
LIBRARY BLDG MARATHON, FL 33050-
2344
Page 2 of 4
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Loc# Bldg# Building Description Building Address
21 2 AIRCRAFT HANGER 9400 OVERSEAS HWY,
MARATHON, FL 33050-
3303
21 3 AIRCRAFT HANGER 9400 OVERSEAS HWY,
MARATHON, FL 33050-
3303
21 4 AIRCRAFT HANGER 9400 OVERSEAS HWY,
MARATHON, FL 33050-
3303
22 2 AIRCRAFT HANGER 10100 OVERSEAS HWY,
MARATHON, FL 33050-
3340
25 1 ONE STORY MASONRY 101485 OVERSEAS HWY,
LIBRARY KEY LARGO, FL 33037-
4553
In regard to the locations itemized in the table above, we specifically request the
following:
• Any and all contractor(s')repair estimates whether accepted or not for alleged
damage from Hurricane Irma to the insured locations referenced above
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• Any and all documents evidencing completed repairs made to the allegedly
damaged property since the reported date of loss
• Any and all insurance claims that Monroe County, Florida has submitted to other
insurance companies for the above buildings relating to the reported Hurricane
Irma loss
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• Any and all FEMA claims that Monroe County, Florida has submitted involving
damage to the above buildings relating to the reported Hurricane Irma loss
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Refer to Monroe County, Florida's policy for a complete list of Duties In The Event Of
Loss Or Damage in the Loss Conditions section of the policy, which outlines the
requirement to provide this requested information
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If you have additional information/documentation you wish us to consider regarding this
claim, you may send it to us by one of the following ways:
• Email (preferred): claims.communicationsncitizens la.com
• U.S. Mail: Citizens Property Insurance Corporation
P.O. Box 19700
Jacksonville, FL 32245-9700
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• Fax: 888.392.6739
Be sure to include the policyholder's name,policy number and claim number on all
communications.
If Goodman-Gable-Gould/Adjusters International or Monroe County, Florida have any
questions regarding the claim, I am available at the telephone number below.
Sincerely,
E
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Sean M. Netka
Commercial Property Claims Department
Citizens Property Insurance Corporation
Office: 904.407.0446
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Enclosure: Check, Statement of Loss, Citizens Estimate, Release of Disputed Claim
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cc: Monroe County, Florida
As the preferred method of submitting claims-related documents,for our review,please attach them
to an email and send to Claims.Communications(d),citizensfla.com. In the Subject Line,please 00
identify the claim number and the policy holder's name.
If this document contains an excerpt from a Citizens Property Insurance Policy("the Policy') it is
provided here for informational purposes only. This excerpt is not the official version of the Policy. The
official version of the Policy is the policy issued to the insured on the policy effective date.In the event
there is inconsistency between this document and the Policy, the Policy shall serve as the official version.
cas
F.S. 817.234(1)(h)Any person who knowingly and with intent to injure, defraud, or deceive any insurer �
files a statement of claim or an application containing any false, incomplete, or misleading information is
guilty of a felony of the third degree. 0
0
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