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Item C02
BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date:_ June 20, 2012 Bulk Item: Yes X No Division: Employee Services Department: Risk Management Staff Contact Person/Phone #: Maria Slavik X3178 AGENDA ITEM WORDING: Approval to accept bid proposal from Goodman Gable Gould Adjusters International to provide Public Adjusting Claim Services. ITEM BACKGROUND: Monroe County has a current contract for Public Adjusting Services with Goodman Gable Gould Adjusters International which expired June 1, 2012. Bid proposals from two (2) firms were received and reviewed. PREVIOUS RELEVANT BOCC ACTION: The current contract was bid in April, 2009 with fmal approval of the current contract received at the July 15, 2009 meeting. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST:N/A INDIRECT COST: BUDGETED: Yes X No - DIFFERENTIAL OF LOCAL PREFERENCE: - N/A Internal Service Fund COST TO COUNTY: Based on recoveries SOURCE OF FUNDS: Primarily Ad Valorem REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year C APPROVED BY: County Atty rMB/Purchasing_ Risk Management DOCUMENTATION: DISPOSITION: Revised 7/09 Included X Not Required_ AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with:Goodman Gable Gould Co Effective Date:June 1,2012 Expiration Date: June 1.2013 Contract Purpose/Description: Support Monroe County in handlinja of claim recoveries. Contract Manager:Maria Slavik (Name) for BOCC meetins on 3178 Risk Management (Ext.) (Department) Deadline: CONTRACT COSTS Total Dollar Value of Contract: $based on recov. Current Year Portion: $0 Budgeted? Yes® No ❑ Account Codes: 503-08501-530310- Grant: $ County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr (Not included in dollar value above) Division Director For: CONTRACT REVIEW Changes ate In Needed % Reviewer Yes[] No Risk Manage nt 5': Yes❑ N O.M.B./Purc`hasing County Attorney Comments: etc.) Date Out UA2 -,0 Yes[—] NoF -1 1 , Yes❑ No ' f OMR Fnrm T?.-;..A 0/1 1 /nc *xt T,% tin C UNTYSMONROE KEY WEST FLORIDA 33040 (305)294-4641 Office of the Employee Services Division Director The Historic Gato Cigar Factory 1100 Simonton Street, Suite 268 Key West. FL 33040 (305) 292-4458 — Phone (305) 292-4564 - Fax TO: Board of County Commissioners FROM: Teresa E. Aguiar, Employee Services Director DATE: May 29, 2012 SUBJ: Approval of Contract Insurance Adjusting Claims Services BOARD OF COUNTY COMMISSIONERS Mayor David Rice, District 4 Mayor Pro Tem Kim Wigington, District 1 George Neugent, District 2 Heather Carruthers, District 3 Sylvia I Murphy, District 5 This item requests approval to accept the bid proposal and renew the contract with Adjusters International/Goodman-Gable Gould (GGG). GGG has been the County's Adjusting firm since Hurricane Georges in 1998. They have provided excellent service and have demonstrated the ability to serve the County's needs. If a claim is not property investigated and fully documented, the maximum insurance proceeds will not be received. The contract is only a retainer agreement and the County will only use the services following catastrophic events resulting in significant damage, such as hurricanes. This may not happen for several years. Minor/incidental events are handled internally by staff and the assistance of an adjusting firm is not required. The firm's fee is based on a percentage of the insurance claims' gross amount adjusted or otherwise recovered. If there are no claims (i.e. no hurricanes/major disasters assigned by Monroe County to the firm), there is no fee paid to the firm. It is therefore recommended that the Board approve the request to contract with Goodman Gable Gould with the option to renew for two additional years. If you have any questions on this item, please do not hesitate to contact me at X4458. I NTERISK Consultants Risk Management Employee Benefits May 1, 2012 Ms. Maria Slavik, CPM Risk Administrator Monroe County 1100 Simonton St. Suite 268 Key West, Florida 33040 CORPORATION Subject: Evaluation of Public Adjuster's Proposals Dear Maria: 1111 North Westshore Boulevard Suite 208 Tampa, FL 33607-4711 Phone (813) 287-1040 Facsimile (813) 287-1041 Monroe County currently has a contract for Public Adjusting Services with Goodman-Gable- Gould/Adjusters International that expires on June 1, 2012. It is my understanding that Monroe County is well pleased with the services Goodman -Gable -Gould has provided. The last time the County obtained competitive bids for this service was in 2009. In accordance with the County's Purchasing protocols, an RFP was developed and posted on Demand Star seeking competitive proposals for a public adjusting firm to provide services on an "as needed" basis. Sealed proposals were received through April 24, 2012 at which time they were publicly opened. The following two firms submitted proposals: ➢ Goodman-Gable-Gould/Adjusting International (the incumbent service provider) ➢ CMC Claim Consultants, Inc. Based on their proposals, both firms appear to be qualified to provide the services the County is seeking. You as the County's Risk Management Administrator and I served as the Evaluation Committee for this RFP. On May 1, 2012 the Evaluation Committee met to discuss the proposals and to rank each proposal. Following are the more notable differences between the two proposals that were received. ➢ Goodman -Gable -Gould provided 21 examples of past work of which 15 of the examples were for governmental entities. Two of the examples were for Monroe County specifically. CMC provided 7 examples of past work with none of them being for governmental entities. ➢ Goodman -Gable -Gould has been servicing the County's Public Adjusting needs for a number of years and their proposal demonstrated an in-depth knowledge of the County's operations and the importance that FEMA plays in the County's overall Risk Management program. CMC's proposal made no reference to their understanding of Monroe County operations. ➢ Goodman-Gable-Gould's proposal indicated that they have 32 full time adjusters located in Florida with additional out of state adjusters available if needed. CMC indicated that they have 15 licensed adjusters on staff. ➢ Goodman-Gable-Gould's proposal indicated that they would service the County out of their Melbourne office with their Ft. Lauderdale office providing additional support if needed. CMC's proposal indicated that they would service Monroe County out of their Miami office. Goodman -Gable -Gould submitted the following pricing structure: Claims that result in recoveries ranging between $0 and $500,000 from the County's insurers will be billed at 7.0% of the actual recovery. Claims that result in recoveries ranging between $500,000 and $1,000,000 from the County's insurers will be billed at 8.5% of the actual recovery. Claims that result in recoveries in excess of $1,000,000 will be billed at 10% of the actual recoveries. CMC did not provide a cost for their services. It should be noted that Florida Statute § 626.854(11)(b) limits the amount a Public Adjuster may charge for their services to 10% of the insurance claim paid by the insurer if the damages resulted from an event that prompted the Governor declaring a "State of Emergency" and 20% of the insurance claim paid by the insurer if no "State of Emergency" has been declared. Based on your evaluation, you awarded CMC a cumulative score of28 and Goodman -Gable -Gould a cumulative score of 88. Based on my evaluation, I awarded CMC a cumulative score of 39 and Goodman - Gable -Gould a cumulative score of 85. It is worth noting that both you and I did not award any points to CMC for their Familiarity with Monroe County operations or the cost of their services since their proposal was silent regarding these issues. Neither CMC nor Goodman -Gable -Gould received any points for being a local vendor as defined by County Ordinance 023-2009. Based on the review of the proposals received it is recommended that Monroe County's Public Adjusters contract for the June 1, 2012 through June 1, 2013 period be awarded to Goodman -Gable -Gould. Please give me a call if you have any questions or wish to discuss this issue in more detail. Cordially, INTERISK CORPORATION Sidney G. Webber CPCU, ARM CC: Teresa Aguiar AGREEMENT BETWEEN MONROE COUNTY AND GOODMAN-GABLE-GOULD COMPANY dba ADJUSTERS INTERNATIONAL for Public Adjuster Services THIS AGREEMENT is made and entered into this day of , by MONROE COUNTY ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 and GOODMAN-GABLE-COULD COMPANY ("CONTRACTOR"), a Maryland Corporation doing business In the State of Florida as ADJUSTERS INTERNATIONAL ("AI"), whose address Is 6767 North Wickham Road, Suite 501, Melbourne, FL 32940. Section 1. SCOPE OF SERVICES CONTRACTOR shall do, perform and carry out in a professional and proper manner certain duties as described in the Scope of Services — Exhibit A — which is attached hereto and made a part of this agreement. The contents of the proposal submitted by CONTRACTOR in response to the Request for Proposals issued by Monroe County are hereby incorporated by reference In this Agreement. CONTRACTOR shall provide the scope of services in Exhibit A for COUNTY. CONTRACTOR warrants that it is authorized by law to engage in the performance of the activities herein described, subject to the terms and conditions set forth in these Agreement documents. The CONTRACTOR shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. Contractor shall provide services using the following standards, as a minimum requirement: A. The CONTRACTOR shall maintain adequate staffing levels to provide the services required under the Agreement resulting from the RFP process. B. The personnel shall not be employees of or have any contractual relationship with the County. To the extent that Contractor uses subcontractors or independent contractors, this Agreement specifically requires that subcontractors and independent contractors shall not be an employee of or have any contractual relationship with County. C. All personnel engaged in performing services under this Agreement shall be fully quailed, and, if required, to be authorized or permitted under State and local law to perform such services. Section 2. COUNTY'S RESPONSIBILITIES 2.1 Provide a schedule that is mutually agreeable to the COUNTY and CONTRACTOR. Section 3. TERM OF AGREEMENT 3.1 The initial Agreement term will be for one (1) year beginning the 1at day of June, 2012 and continuing through June 30, 2013. The Agreement shall then be renewable at the County's option for two (2) additional consecutive one year terms. 3.2 The terms of this Agreement shall be from the effective date hereof and continue for a period of one year. This Agreement shall be automatically renewed for two successive one-year periods until either party gives the other notice of cancellation In accordance with the terms set forth below. if either party desires to modify or terminate this Agreement, it shall notify the other in writing at least sixty (60) days prior to the effective date of such modification or termination. In the case of proposed modification the party receiving the notification of the proposed modification shall itself notify the other party within ten (10) days after receipt of notice of its agreement to the proposed modification. Failure to do so shall terminate this Agreement. Section 4. PAYMENT TO CONTRACTOR 4.1 Compensation to the CONTRACTOR: • Claims that result in recoveries ranging between $0 and $500,000 from the County's Insurers will be billed at 7.0% of the actual recovery. • Claims that result in recoveries ranging between $500,000.01 and $1,000,000 from the County's insurers will be billed at 8.6% of the actual recovery. • Claims that result in recoveries in excess of $1,000,000 wilt be billed at 10% of the actual recoveries. Compensation shall be effective for each of years one, year two and year three. There will be no additional charges. Years two and three will be contingent upon the County exercising its option to renew the Agreement. 4.2 Payment will be made according to the Florida Local Government Prompt Payment Act. Any request for payment must be in a form satisfactory to the Clerk of Courts for Monroe County (Clerk). The request must describe In detail the services performed and the payment amount requested. The respective office supervisor and the Director of Employee Services will review the request, note his/her approval on the request and forward it to the Clerk for payment. 4.3 Monroe County's performance and obligation to pay under this Agreement is contingent upon annual appropriation by Monroe County. Section 5. CONTRACT TERMINATION Either party may terminate this Agreement because of the failure of the other party to perform Its obligations under the Agreement. COUNTY may terminate this Agreement with or without cause upon sixty (60) days notice to the CONTRACTOR. COUNTY shall pay CONTRACTOR for work performed through the date of termination. Section S. CONTRACTOR'S ACCEPTANCE OF CONDITIONS A. CONTRACTOR hereby agrees that he has carefully examined the RFP, his response, and this Agreement and has made a determination that he/she has the personnel, equipment, and 2 other requirements suitable to perform this work and assumes full responsibility therefore. The provisions of the Agreement shall control any inconsistent provisions contained in the specifications. All specifications have been read and carefully considered by CONTRACTOR, who understands the same and agrees to their sufficiency for the work to be done. Under no circumstances, conditions, or situations shall this Agreement be more strongly construed against COUNTY than against CONTRACTOR. B. Any ambiguity or uncertainty in the specifications shall be interpreted and construed by COUNTY, and its decision shall be final and binding upon all parties. C. The passing, approval, and/or acceptance by COUNTY of any of the services furnished by CONTRACTOR shall not operate as a waiver by COUNTY of strict compliance with the terms of this Agreement, and specifications covering the services. D. CONTRACTOR agrees that County Administrator or his designated representatives may visit CONTRACTOR'S facility (ies) periodically to conduct random evaluations of services during CONTRACTOR'S normal business hours. E. CONTRACTOR has, and shall maintain throughout the term of this Agreement, appropriate licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to COUNTY upon request. Section 7. NOTICES Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: To the COUNTY: Risk Management Administrator 1100 Simonton Street, Suite 2-268 Key West, Florida 33040 To the CONTRACTOR: Pat Cuccaro 6767 North Wickham Road Melbourne, FL 32940 Section B. RECORDS CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the agreement and for five years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Section 55.03 of the Florida Statutes, running from the date the monies were paid to CONTRACTOR. 0 Section 9. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020-1990 The CONTRACTOR warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010- 1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision the COUNTY may, in its discretion, terminate this agreement without liability and may also, in its discretion, deduct from the agreement or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. Section 10. CONVICTED VENDOR By signing this agreement, CONTRACTOR represents that the execution of this Agreement will not violate the Public Entities Crime Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from County's competitive procurement activities. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a Agreement with a public entity for the construction or repair of a public building or public work, may not perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under Agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for the Category Two for a period of 36 months from the date of being placed on the convicted vendor list. Section 11. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding Is Instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue shall lie in the appropriate court or before the appropriate administrative body In Monroe County, Florida. Section 12. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared Invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 2 Section 13. ATTORNEYS FEES AND COSTS The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, and court costs, as an award against the non -prevailing party. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the Circuit Court of Monroe County. Section 14. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. Section 15. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Section 16. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement shall not be subject to arbitration. Section 17. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. Section 18. NONDISCRIMINATION COUNTY and CONTRACTOR agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. COUNTY or CONTRACTOR agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; Title IX of the 5 Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; Title Vlll of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. Section 19. COVENANT OF NO INTEREST COUNTY and CONTRACTOR covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. Section 20. CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Section 21. NO SOLICITATIONIPAYMENT The COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, Individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Agreement 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. Section 22. PUBLIC ACCESS The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and 6 CONTRACTOR in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR. Section 23. NON WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the COUNTY and the CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the COUNTY be required to contain any provision for waiver. Section 24. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. Section 25. LEGAL OBLIGATIONS AND RESPONSIBILITIES Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by an in which case the performance may be offered in satisfaction of the obligation aoricresponsibiliating ty. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation o the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. Section 26. NON -RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community In general or for the purposes contemplated in this Agreement. Section 27. ATTESTATIONS CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, including, but not being limited to, a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement, Lobbying and Conflict of interest Clause, and Non -Collusion Agreement. 7 Section 28. NO PERSONAL LIABILITY No covenant or agreement 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 Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. Section 29. EXECUTION IN COUNTERPARTS This Agreement 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 execute this Agreement by signing any such counterpart. Section 30. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. Section 31. INSURANCE POLICIES 31.1 General Insurance Requirements for Other Contractors and Subcontractors. As a pre -requisite of the work governed, the CONTRACTOR shall obtain, at his/her own expense, insurance as specified in any attached schedules, which are made part of this contract. The CONTRACTOR will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the CONTRACTOR. As an alternative, the CONTRACTOR may require all Subcontractors to obtain insurance consistent with the attached schedules; however CONTRACTOR is solely responsible to ensure that said insurance is obtained and shall submit proof of insurance to COUNTY. Failure to provide proof of Insurance shall be grounds for termination of this Agreement. The CONTRACTOR will not be permitted to commence work governed by this contract until satisfactory evidence of the required insurance has been furnished to the COUNTY as specified below. Delays in the commencement of work, resulting from the failure of the CONTRACTOR to provide satisfactory evidence of the required insurance, 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, except for the CONTRACTOR's failure to provide satisfactory evidence. The CONTRACTOR shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in the Immediate suspension of all work until the required insurance has been reinstated or replaced and/or termination of this Agreement and for damages to the COUNTY. Delays in the completion of work resulting from the failure of the CONTRACTOR to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the CONTRACTOR's failure to maintain the required insurance. The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required insurance, either. • Certificate of Insurance or • A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non -renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the Insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. 31.2Insurance Requirements For Contract Between County And Contractor 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 • Bodily Injury Liability • Expanded Definition of Property Damage The minimum limits acceptable shalt 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 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. The Monroe County Board of County Commissioners Issued to satisfy the above requirements. 31.3 Vehicle Liability Insurance requirements shall be named as Additional Insured on all policies Recognizing that the work governed by 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, as a minimum, liability coverage for. • Owned, Non -Owned, and Hired Vehicles The minimum limits acceptable shall be: $100,000 Combined Single Limit (CSL) If split limas are provided, the minimum limits acceptable shall be: $ 50,000 per Person $100,000 per Occurrence $ 25,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies Issued to satisfy the above requirements. 31.4 Workers' Compensation Insurance Requirements Prior to commencement of work governed by this contract, the CONTRACTOR shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. 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. 31.5 Professional Liability Requirements Recognizing that the work governed by this contract involves the furnishing of advise or services of a Professional nature, the Contractor shall purchase and maintain, throughout the life of the contract, Professional Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of the Contractor arising out of work governed by this contract. The minimum limits of liability shall be: $250,000 per occurrence/$500,000 Aggregate Section 32. INDEMNIFICATION The CONTRACTOR does hereby consent and agree to indemnify and hold harmless the COUNTY, its Mayor, the Board of County Commissioners, appointed Boards and Commissions, Officers, and the Employees, and any other agents, individually and collectively, from all fines, suits, claims, 10 demands, actions, costs, obligations, attorneys fees, or liability of any kind arising out of the sole negligent actions of the CONTRACTOR or substantial and unnecessary delay caused by the willful nonperformance of the CONTRACTOR and shall be solely responsible and answerable for any and all accidents or injuries to persons or property arising out of its performance of this contract. The amount and type of insurance coverage requirements set forth hereunder shall in no way be construed as limiting the scope of indemnity set forth in this paragraph. Further the CONTRACTOR agrees to defend and pay all legal costs attendant to acts attributable to the sole negligent act of the CONTRACTOR. At all times and for all purposes hereunder, the CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners. No statement contained In this agreement shall be construed so as to find the CONTRACTOR or any of his/her employees, contractors, servants or agents to be employees of the Board of County Commissioners for Monroe County. 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. The CONTRACTOR shall be responsible for the completeness and accuracy of its work, plan, supporting data, and other documents prepared or compiled under its obligation for this project, and shall correct at Its expense all significant errors or omissions therein which may be disclosed. The cost of the work necessary to correct those errors attributable to the CONTRACTOR and any damage Incurred by the COUNTY as a result of additional costs caused by such errors shall be chargeable to the CONTRACTOR. This provision shall not apply to any maps, official records, contracts, or other data that may be provided by the COUNTY or other public or semi-public agencies. The CONTRACTOR agrees that no charges or claims for damages shall be made by it for any delays or hindrances attributable to the COUNTY during the progress of any portion of the services specified In this contract. Such delays or hindrances, if any, shall be compensated for by the COUNTY by an extension of time for a reasonable period for the CONTRACTOR to complete the work schedule. Such an agreement shall be made between the parties. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day of 2p (SEAL) Attest: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA By Deputy Clerk BOARD OF COUNTY COMMISSIONERS by Mayor/Chairman (CORPORATE SEAL) (Name of ntractor) ATTEST: By by Title: S&wiog- - 4:90&- % er-4- q, MON E COUNTY ATT RN AP OVE AS NTHIA L. AL ASSIST T OUNTY A TOFPJEY Date 01�- 12 EXHIBIT A SCOPE OF SERVICES SPECIFICATIONS The firm shall provide adjusting services on an as needed basis. The firm will evaluate damage to County property and negotiate maximum settlements with its insurers following catastrophic events resulting in significant damage. The following services will be expected of the successful proposer: ➢ Investigate and analyze all property damage associated with claims assigned to the adjuster. ➢ Review all insurance policies and determine the recoveries available to the County from each policy. ➢ Review pre -loss estimates that could affect recovery and recommend modifications if necessary. ➢ Prepare a concise, well documented replacement cost estimate of buildings and personal property damaged and determine the Actual Cash Value (ACV) if applicable. ➢ Evaluate "code upgrade" coverages and costs, if applicable ➢ Negotiate interim and final settlements with the County insurers. ➢ Advise County management regarding the capture and development of loss information (including direct damage, extra expenses, and loss of income). ➢ Coordinate and integrate all areas of the claim effort on behalf of the County. ➢ Assist in the coordination of advance payments with the County insurers. ➢ Coordinate all inspections and meetings with the County's insurers. ➢ Provide regular status reports. ➢ Review all claim data with County representatives prior to being submitted to the insurers. ➢ Conduct and/or participate in all settlement discussions with the County's insurers. ➢ Maintain all information obtained during the services provided to the County as confidential. ➢ Expedite and maximize all recoveries available to the County. ➢ Coordinate with the Federal Emergency Management Agency (FEMA) if required. ➢ Any and all services required to resolve County claims with its insurers. 26 of 39 AGREEMENT BETWEEN MONROE COUNTY AND GOODMAN-GABLE-GOULD COMPANY dba ADJUSTERS INTERNATIONAL THIS AGREEMENT, made and entered into this )-!� between MONROE COUNTY ("COUNTY"), a day ofWkL', 2oog, by and of Florida, whose address is iioo Simonton Streetti political West, Florida obi of the State d GOODMAN-GABLE-COULD COMPANY a Maryland Co 3304o and State of Florida as ADJUSTERS INTERNATIONAL ("Al"), dd�s is 6767 N rth Wickham Road, Suite 501, Melbourne, FL 32940. WHEREAS, County requires an insurance adjuster from time to time to evaluate damage to County property; and and WHEREAS, this need is especially acute following a hurricane or other disaster, WHEREAS, County has employed Al in the past for this purpose, wishes to do so in the future; and WHEREAS, Al has agreed to provide these services to the COUNTY. NOW THEREFORE, in consideration of the mutual covenants and provisions contained herein, COUNTY and Al agree as follows: 1. THE AGREEM .NT The entire agreement between COUNTY and At with respect to the subject matter hereof is contained in this Agreement and in any exhibits or attachments to it. This Agreement supersedes and terminates all prior agreements between Al and the COUNTY and all prior oral and written proposals and communications between COUNTY and Al related to this Agreement. No provision of this Agreement shall be deemed waived, amended or modified by either party unless such waiver, amendment or modification is in writing and executed by both COUNTY and Al in the same manner as this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their permitted successors and assigns. 2. SCOPE OF THE WORK Al has been retained by County in connection with the claims or events described in Exhibit A. AI represents that the adjustors it assigns to the individual claims or events is competent and available to handle that claim or event. This Agreement shall apply to all claims or events assigned to Al, unless a separate Agreement is required by County. Al warrants that it is authorized by law to engage in the performance of the activities herein described, subject to the terms and conditions set forth in these Agreement documents; and Al shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. Al shall provide services using the following standards, as minimum requirements: A. Al shall maintain adequate staffing levels to provide the services required under the Agreement. B. Al personnel shall not be employees of or have any contractual relationship with COUNTY. C. All personnel engaged in performing services under this Agreement shall be fully qualified , and, if required, to be authorized or permitted under State and local law to perform such services; and that said personnel presently have, and shall maintain throughout the term of this Agreement, appropriate licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner as generally recognized in its profession. Proof of such licenses and approvals shall be submitted to COUNTY upon request. 3. PAYMENTS TO AI Payments to Al shall be made as follows: A. COUNTY'S performance and obligation to pay under this Agreement, is contingent upon annual appropriation by the Board of County Commissioners of Monroe County. B. Al shall submit all invoices to the COUNTY with supporting documentation acceptable to the Clerk based on generally accepted accounting principles and such laws, rules and regulations as may govern Clerk's disbursal of funds. C. COUNTY shall pay in accordance with the Florida Local Government Prompt Payment Act; payment will be made periodically in arrears, but no more frequently than monthly. D. Expenses will not be charged by Al to COUNTY. 4• TERM OF AG E MENT The term of this Agreement is for three years, commencing on the ist day of June, 2009, and ending on the 31st day of May, 2012 unless terminated earlier under relevant paragraph of this Agreement. 5• EN&KC �►t RECO___1S AI shall maintain all books, records, and documents directly pertinent to Performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this agreement or their authorized representatives shall have reasonable and timely access to such records of each other Party to this Agreement for public records purposes during the term of the Agreement and for four years following ,the termination of this Agreement. If an auditor employed by COUNTY or Clerk determines that monies paid to Al pursuant to this Agreement were spent for purposes not authorized by this Agreement. Al shall repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid to Al. 6. PUBLICAC�t The COUNTY and AI shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its subject to the provisions of Chapter i1q, Florida Statutes, and lomade orereceived re eiveetbbyl COUNTY and AI in conjunction with this Agreement; and COUNTY shall have the right to unilaterally cancel this agreement upon violation of this provision by Al. 7• AI covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners and County Court of Monroe County from any and all claims for bodily injury (including death), personal in u property owned by Monroe County)� ry, and property damage (including es, and expenses (including attorney's fees) which r e noutf othern connection with, or by reason of services provided by AI occasioned by the negligence, errors, or other wrongful act of omission of Al or its employees, or agents. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Prior to execution of this agreement, Al shall furnish COUNTY Certificates of Insurance indicating the minimum coverage limitations as specified on the attached forms which are incorporated as part of this Agreement (Exhibit B). 0 Non -Waiver of Immunity. Notwithstanding the provisions of Sec. 286.28, Florida Statutes, the participation of COUNTY and Al in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by COUNTY be required to contain any provision for waiver. 8. INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement Al is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this agreement shall be construed so as to find Al or any of his employees, subcontractors, independent contractors, servants, or agents hired by Al to be employees of the Board of County Commissioners of Monroe County. 9. NONDISCRIMINATION County and Al agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County and Al agree to comply with all Federal and Florida Statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination in employment on the basis of race, color, national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended which prohibits discrimination on the basis of age; (42 USC ss. office and Treatment Act of 1972 PL 2-2 g � 5) The Drug Abuse Office and 97 ( 9 55), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 69odd-3 and 2 oee- relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIIas amended, f he Civil Rights Act of 1968 (42 USC ss. 3601 et s nondiscrimination in the sale, rental or financingof housing; ; amended, relating to Disabilities Act of 1990 g, 9) The Americans with 99 (42 USC S. 1201), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any Federal or state statutes 4 which may apply to the parties to, or the subject matter of, this Agreement. 10. ASSIGNMENT/SUgCONTRACT Al shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written a Board of County Commissioners shall be subject to such conditioof Monroe Countyand whi hvpproval a of the ns and provisions as the Board may deem necessary. This paragraph shall be incorporated any assignment or subcontract and an by reference into comply with all of the provisions of this agreement.nee Unless exactor shall Provided for therein, such a expressly deemed to imposeapproval shall in no manner or event be any additional obligation upon the board. it. COMPI.IAN F Wl ,qW In providing all services pursuant to this Agreement, Al shall abide by all statutes, ordinances, rules and to, or regulating the provisions of, such services 1 including rtaining those now in effect and hereinafter adopted. Any violation of said statutes, ordinances es and regulations, as determined by COUNTY, shall constitute a material breach of this agreement and shall entitle the Board to terminate this Agreement immediately upon delivery of written notice of termination to Al. 12. DI$G`l,Q$U1Z ewTr, ..represents��.. CT OF INTF`A:i ST Al •�r+�cn�s that it, its directors, principles and employees, Presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the services required by this Agreement, as provided in Sectr112.311 eof et. q., Florida Statutes. County agrees that officers and employees of COUNTY recognize and will be required to comply with the sad s ofofficers and employees as delineated in Section d12.313dFlorifor da public Statutes, regarding, but not limited to, solicitation or acceptance doing business with one's agency; and unauthorized compensation; misuse o public position, conflicting employment or contractual relationship;f disclosure or use of certain information. Upon execution of this Agreement, and thereafter as changes may require, Al shall notify COUNTY of an financial interest it May Y �Y and all programs in Monroe County which COUNTY sponsors have in endorses, recommends, supervises, or requires for counseling, assistance, evaluation, or treatment. This provision shall apply or not such program is required by statute, as a condition of probation, or is provided on a voluntary basis. 91 The County and AI'warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, individual, or firm, other than a bona fide employee workig solely i, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, Al agrees that COUNTY shall have the right to terminate this Agreement 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. 13. PLEDGE OF CREDIT Al shall not pledge COUNTY'S credit or make it a guarantor of Payment or surety for any Agreement, debt, obligation, judgment, lien, or any form of indebtedness. Al further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 14. NCMCE REOU[REM1rNT Any notice required or permitted under this a writing and hand delivered or mailed areement shall be in by certified mail, returned receipt requested, to themfollowingpd, to : other parry FOR COUNTY Monroe County Court Administrator and 500 Whitehead Street Key West, FL 33040 FOR Al: Pat Cuccaro 6767 North Wickham Road Melbourne, FL 32940 County Attorney PO Box 1026 Key West, Fl. 33041-1026 15. TAXES The County is exempt from payment of Florida State Sales and Use taxes. Al shall not be exempted by virtue of COUNTY'S exemption from its obligations under this Agreement. Al shall be Paying sales tax to fulfill responsible for any and all taxes related to services rendered under this agreement. U. 16. GOV W VENUE 1NTERPRETAT1[lu SE COSTS AND ATTORNEY FEEg ,-VERABILITY A. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. B. Venue. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and Al agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. C. Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and Provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. COUNTY and Al agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. D. Attorney's Fees and Costs. COUNTY and Al agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, E. Adjudication of Disputes or Disagreements. County and Al agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. if no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. if the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have a the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. County and Al specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. F. Cooperation. In the event any administrative or legal Proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and AI agree to participate in all Proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. 17. TERMINATION The County may terminate this Agreement for cause with seven (7) days notice to Al. Cause shall constitute, in the judgment of the Hoard of County Commissioners a breach of the obligations of Al to perform the services enumerated as AI's obligations under this Agreement. Either of the parties hereto may terminate this Agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. IS- HINDINC} EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of COUNTY and Al and their respective legal representatives, successors, and assigns. 19. ALMHORTY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 20. CLAIMS FOR FEDERAL OR STATE AID AI 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 Agreement; provided that all applications, requests, grant Proposals, and funding solicitations shall be approved by each party prior to submission. Ei 21. RNILEOES AND IMMUNITIES All of the privileges and immunities from liabili laws, ordinances, and rules and ty, exemptions from re, disabili, workers compensation, and other benefits hich apply toliefthe activity of officers,' agents, or employees of any public agents or employees of COUNTY, when Performing their respective functions under this Agreement within the territorial limits of COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of COUNTY. 22. LEGAL OBLIGATIO S Np RESPONSIBILITIES rvon-Delegation of constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed the entity by law except to the extent of actual and time upon thereof by any participating entity, in which case the timely Performance be offered in satisfaction of the obligation or responsibility.Dance may Agreement is not intended to, nor shall it be costrued as, authorizinguteis the delegation of the constitutional or statutory duties of COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 23. N�IV-RELI NCE BY NON PglT 4 No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third - party claim or entitlement to or benefit of any service or program contemplated hereunder, and COUNTY and Al agree that neither COUNTY nor Al or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 24• A STATIONQ Al agrees to execute such documents as COUNTY require, to include a Public Entity Crime Statement, an mayreasonablyStatement, and a Drug -Free Workplace Statement. 25. NO PERSONAL LIAAII TrY No covenant or agreement 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 Agreement or be subject to any personal liability or accuntalbilon itytby reason of the execution of this Agreement. 9 26. EXEC MN Ih1` CQNTEM,AM, This Agreement may be executed in any number of counterparts, each of which shall'be-regarded as ari,�original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 27. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and-,datg.first written above in four (4) counterparts, each of which shall, without proof"q , a� -- 'ng for the other counterparts, be deemed an original Agreement. For COUNTY: +' BOARD OF COUNTY COMMISSIONERS PAW I V I;.. ROLHAGE OF MONROE COUNTY, C ;dCOtRTof MONROE CO � DA BY: BY: Deputy erk t Mayor Date: JUL 1 5 2009 Date: JUG-1 5 2009 For All �C� Signature of Person Authorized To Sign Contracts for AI r� Prin ame �-- t r► oQ.r4 Sighliture of Witness fo AI 127unce r _ PrilhAf Name Date: 1p'��-('�J' Date: *if do CA-" Artw4wey 10 v6iD As -m nbAm moist �.. N4 -C rn c7 'tom t >.00, i f ��,; r� -n Cn_-Q CD •_ 1ar ; --0 rn • '-rb T1 CI) .- •• C.) O r-- rn o -- M v EXHIBIT A To AGREEMENT BETWEEN MONROE COUNTY AND GOODMAN-GABLE-COULD COMPANY dba ADJUSTERS INTERNATIONAL AI's ("Adjuster") objective is to support Monroe County Florida ("Assured") in the entire claim process, with the goal of achieving the maximum insurance recovery as promptly as possible. Using a team approach, we will assemble the professionals best suited to accomplish this goal. AI will prepare all claims for submission and coordinate all supporting documentation. AI will work directly with you and your staff in the development of these claims for presentation to the carrier. Specific areas AT will address: Property Damage Claim 1) Investigate and analyze all property damage claims assigned to them by the County. 2) Prepare a concise, well -documented replacement cost estimate on the buildings and determine ACV if applicable. 3) Evaluate "codes upgrade" coverage, if it applies 4) Investigate and analyze all property damage to the contents, including furniture, fixtures, machinery, equipment, computer systems, etc. 5) Prepare a concise, well -documented property claim Present and support the claim through settlement Business Interruption Claim 1) Advise management of how to capture and develop loss information, i.e. track impact of loss 2) Determine period of suspension 3) Evaluate discontinued (saved) expenses 4) Determine expediting expenses; expenses related to reducing the loss 5) Prepare financial projections and "what if" scenarios 6) Prepare business interruption valuation report. Provide total business interruption claim management to ensure integration with the property and extra expense portions of the claim 7) Prepare and support the claim through settlement Extra Expense Claim I ) Advise management on identification of extra expense losses 2) Coordinate tracking of extra expense items 3) Determine excess over normal expenses 4) Determine period of indemnity 5) Integrate the extra expense claim with the property damage and business interruption claim 6) Present and support the claim through settlement General I ) Review all insurance policies in order to identify your rights and obligations under those policies. 2) Review any and all pre -loss appraisals and estimates that could affect the claim 3) Evaluate the procedures being followed, to mitigate damages and implement emergency repairs 4) Coordinate and integrate all areas of the claim effort with on -going operations and the overall recovery process 5) Coordinate the necessary "expert reports" to support and assemble the claim 6) Assist in the coordinate of advance payment from the insurance company 7) Coordinate all inspections and meetings with the insurance company representatives, including their "outside experts" 8) Provide regular status reports 9) Review all claim data with you, prior to providing such material to the insurance company and their representatives 10) Provide the assistance required to support all claims presented t 1) Conduct and/or participate in all settlement discussions with the insurance company 12) We will hold in strictest confidence, all information relating to your claims and business operation 13) Our overall goal is to expedite the best possible recovery We would like to stress that our intention is to provide professional assistance to you from an advocacy position, in order to document, support, expedite and insure the best possible claim recovery. After property damage loss incidents affecting Monroe County, when the County, at its sole and unfettered discretion, decides to prepare and present a claim, the Adjuster is authorized to, and will, prepare all necessary estimates and other applicable and/or required instruments to comply with the provisions of the insurance policies concerned on behalf of the Assured. The Assured will compensate the Adjuster upon receiving proceeds as a result of a loss settlement. The Assured agrees to pay the said Adjuster for its services, a fee of seven percent (7%) of the gross amount adjusted or otherwise recovered as a result of said claim or claims that resolve for an amount equal to $500,000.00 or less, eight and one-half percent (8.5%) of the gross amount adjusted or otherwise recovered as a results of said claim or claims on claims that resolve for an amount from $500.000.00 se to $1.000,000.00 and ten percent (10%) of the gross amount adjusted or otherwise recovered as a results of said claim or claims on claims that resolve for an amount in excess of $1,000,000.00. The Adjuster agrees to pay for all expenses incurred by the Adjuster, in securing estimates, expert opinions, and for all other expenses incurred by the Adjuster incident to the adjustments, except for those costs associated with and for the hiring of legal counsel. 12 Should such costs ever be applicable. Counsel will not be retained to work on any such loss incident by the Adjuster without the express consent of The Assured. The Adjuster hereby agrees to render the said services for the compensation above specified. It is agreed that all adjustments shall be made and concluded only with the consent of the Assured. This Agreement contains the entire contract between the parties, and no modification or waiver of any of the terms hereof shall be valid unless in writing, and endorsed herein, and signed by all parties. This Agreement shall be binding upon the parties hereto their personal representatives, assigns and successors in interest. COUNTY Representative 13 Pasquale Cucarro EXHIBIT B (4 pages) GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND GOODMAN-GABLE-GOULD COMPANY 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 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. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. Page 1 of 4 EXHIBIT B (4 pages) VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA GOODMAN.GABLE COULD COMPANY Recognizing that the work governed by 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, as a minimum, liability coverage for: • Owned, Non -Owned, and Hired Vehicles 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 The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. Page 2 of 4 EXHIBIT B (4 pages) WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND GOODMAN-GABLE-GOULD COMPANY 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 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. Page 3 of 4 EXHIBIT B (4 pages) PROFESSIONAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA GOODMAN.GABLE ND COMPANY services of a professional nature, the Contractor shall purchase anRecognizing that the work governed by this contract involves the d maintain, throughout to damages resulting rnishing of advice or roughout the h life of the contract, Professional Liability Insurance which will res from any claim arising out of the performance of professional services or any error or omission of the Contractor arising out of work governed by this contract. The minimum limits of liability shall be: $500,000 per Occurrence/$1,000,000 Aggregate Page 4 of 4 AMENDMENT TO AGREEMENT BETWEEN MONROE COUNTY AND GOODMAN-GABLE-GOULD COMPANY D/B/A ADJUSTERS INTERNATIONAL THIS AMENDMENT to agreement dated the 191h day of July, 2006, is entered into By and between the Board of County Commissioners for Monroe County, and GOODMAN-GABLE-GOULD COMPANY a Maryland Corporation doing business in the State of Florida as ADJUSTERS INTERNATIONAL ("Al"). WHEREAS, there was an agreement entered into on July 19, 2006, between the parties, for assessment and handling of claims due to a hurricane or other natural disaster ("Agreement"); and WHEREAS, the Agreement expires on May 31, 2009; and WHEREAS, it has become necessary to request a further extension to allow time for further evaluation of the proposals made in response to the Request for Proposal for contracts for public adjuster services. NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree to the amended agreement as follows: 1. The contract period as outlined in Paragraph 1 of the Agreement is extended to August 1, 2009. 2. The remaining provisions of the Agreement dated July 19, 2006, remain in full force and effect. IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first written. THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK. SEpia , . Board of County Commissioners At1st:.:ln+ f.. lKolhage, Clerk of Monroe County Deputy Clerk Mayor/Chairman 0411 V Z o 0 (CORPORATE SEAL) AT Witness: Date: , , , Print flame MONROE COUNTY ATTORNEY ;PROVED A T O HIA L. ASSISTANT COUNTY ATTORNEY Date 5 - all- 13'Oe`) O � %o N w Ocr— � LL LLJ .. .._ 1.) J�.•. J Client&_ 142109 GGOODCO ACORD- CERTIFICATE OF LIABILITY INSURANCE 05oiro9°'"YYY' PRODUCER Willis of Maryland, Inc. 303 International Circle Suite 400 Hunt Valley, MD 21031 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. INSURERS AFFORDING COVERAGE NAIC # INSURED The Goodman, Gable & Gould Co. 6 Reservoir Circle #202 Baltimore, MD 21208-1308 INSURER A: Hartford Insurance Cc 914 INSURER B: Twin City Fire Insurance Company 29459 INSURER C: INSURER D: INSURER E: f _OUFiiAGFS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER EXP LIMITS A GENERALLIABILITY 3000NIF4335 01/01/09 01/01/10 EACH OCCURRENCE $1000000 DAMAGE TORENTED octurrancal s300000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE F_x� OCCUR MED DIP Any one real) $1 O 000 PERSONALS ADV INJURY $1 00O 000 GENERAL AGGREGATE s2.000.000 GENL AGGREGATE UMrrAPPLIES PER: PRODUCTS - COMP/OP AGG 52 000 OOO POLICY PRO- LOC A AUTOMOBILE LIABILITY X ANY AUTO 3OUENUL0387 01/01/09 01/01/10 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) S X Drive Other Car vy GARAGE LIABILITY AUTO ONLY - EA ACCIDENT 3 OTHER THAN EA ACC AUTO ONLY: AGO $ ANY AUTO $ A EXCESSIUMBRELLA LIABILITY 30RHU108006 01/01/09 01/01/10 EACH OCCURRENCE 34000000 X OCCUR CLAIMS MADE AGGREGATE $4 000 000 S $ DEDUCTIBLE $ X RETENTION $10000 B WORKERS COMPENSATION AND 30WENK2643 04/01/09 04/01/10 X WCSTATU OTH- EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? E.L. EACH ACCIDENT 5500000 E.L. DISEASE- EA EMPLOYEE $500 000 If yes, describe under SPECIAL PROVI I NS below I E.L. DISEASE- POLICY LIMIT 5500 000 OTHER 1:::j DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS RE: THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ARE NAMED AS ADDITIONAL INSURED. Monroe County, Florida 1100 Simonton Street, Room 268 Key West, FL 33040 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL An DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SMALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATI Alta- ACORD 25 (2001108)1 of 2 #S4473M M443707 SCSHE a ACORD CORPORATION 198E ,/� j� ^ DATE (MMMDNYYY) A `s^0/D— CERTIFICATE LIABILITYOW26106 PaODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION HRH of Baltimore, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 303 International Circle ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 400 Hunt Valley, MD 21031 -7, f �SIIRERS AFFORDING COVERAGE NAIC # I INSURED ,, IW ,l URER A T In City Fire Ins Co Adjusters International Corp. _ . tNsuR!$ B: H rtford Fire Ins Cc The Goodman -Gable -Gould Cc INSUR c: H6rtford Casualty 6 Reservoir Circle #202 JUN 3 0 L 146UR6t D: Baltimore, MO 21208.1308 INSURER E: v THE POLICIES OF INSURANCE LISTED BELOW HAVE EEN ISSUED il)I AMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY ECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. L NSRE TYPE OF INSURANCE POLICY NUMBER A CY E DWYY POLICY EXPIRATION DA D/YY LIMITS A GENERAL LIABILITY 30UUNIF4335 01101106 01101107 EACH OCCURRENCE $1 000 000 S300OOO X COMMERCIAL GENERAL LIABILITY DAMAG TO RENTED 510,000 CLAIMS MADE a OCCUR MED EXP (Any one person) 111.0001000 PERSONAL A ADV INJURY OENERALAGGREGATE s2.000.000 PRODUCTS - COMPIOP AGG GEN'L AGGREGATE LIMIT APPLIES PER: s2,000,060 POLICY 7 PRO LOC B AUTOMOBILE LIABILITY 30UENUL0387 01101106 01101107 COMBINED SINGLE LIMIT $2 X ANY AUTO (Ea accident) ,000,000 S ALL OWNED AUTOS BODILY INJURY SCHEDULEDAUTOS - (Per Peno-) X HIREDAUTOS BODILY INJURY S X NON -OWNED AUTOS "' (Per accident) PROPERTYOAMAGE S (Per accident) GARAGE LIABILITY AUTO ONLY - EAACCIDENT S i ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG C EXCESSIUMBRELLA L1A&LITY 3OXHUIF4626 01/01/06 01/01/07 EACH OCCURRENCE s4,000,000 OCCUR F1 CLAIMS MADE AGGREGATE $4 000 000 S $ DEDUCTIBLE $ X RETENTION $10000 A WORKERS COMPENSATION AND 30WENK2643 04101/06 WCS A U- OTH- 04101107 X TORY LIMITS EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $SOO OOO ANY PROPRIETORIPARTNERIEXECUTIVE $500 000 OFFFICERIMEMBER EXCLUOED7 E.L. DISEASE - EA EMPLOYEE HPes.ge PROVISIONS below E.L. DISEASE - POLICY LIMB $500 000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Monroe County, FL is named as Additional Insured as respects liability for operations performed by the Named Insured. Monroe County, FL Attn: Nat Cassel P. O. Box 1026 Key West, FL 33041 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 _ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVEB. _— AUThORI22D REPRESENTATIVE C-0, ACORD 25 (2001/08) 1 of 2 #83242041M312217 6DMET O ACORD CORPORATION 1988 ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MAl/D41YYYY) 5/7/2009 PRODUCER Phone: 315-734-9386 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Haylor, Freyer & Coon, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ATS Risk Associates HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 502 Court Street, Suite 205 Utica NY 13502 INSURERS AFFORDING COVERAGE NAICA INSURED INSURER A: Chubb Adjusters International INSURERS: The Goodman, Gable, Gould Company 6 Reservoir Circle INSURERD. Baltimore MD 21208 INSURERD COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS" POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION OMITS GENERAL LIABILITY COMMERCIALGENERALLIABILITY CLAIMS MADE ❑ OCCUR EACH OCCURRENCE E UAMAUFTLIHENThEr PREMISES Eaoeeurence E MEDEXP(An oneperson) E PERSONAL& ADV INJURY $ GENERALAGGREGATE S GENLAGGREGATE LIMIT APPLIES PER POLICY PRO LOC PRODUCTS-COMP/OP AGO E AUTOMOBILE LIABILITY ANY AUTO ALLOWNEDAUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) E BODILY INJURY (Per Person) E BODILYINJURY (Per accident) $ PROPERTYDAMAGE (Per accident) E _ GARAGEUABILITY ANY AUTO AUTO ONLY -EA ACCIDENT S OTHERTHAN EAACC AUTO ONLY: AGG III E EXCESSIUMBRELLALIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION E EACH OCCURRENCE E AGGREGATE E E E E WORKERS COMPENSATION ANDER EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? N yyes, describe under SPECIALPROVISIONS below WC STATU- OTH- E.L. EACH ACCIDENT E.L. DISEASE- EA EMPLOYEE E E.LDISEASE- POUCYUMIT j A OTHER Professional Errors and Omissions 81706777 11/5/2008 11/5/2009 $5,000,000 Limit $25,000 SIR DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Monroe County Board of County Commissioners are named as additional named insureds under the above professional liability insurance. Monroe County Board of County Commissioners 1100 Simonton St Rm 268 Key West FL 33040 25 (20011091 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE , ©ACORD CORPORATION ACORD,u CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DWMY) 5 7/2009 PRODUCER Phone: 315-734-9386 Haylor, Freyer & Coon, Inc. ATS Risk Associates 502 Court Street, Suite 205 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. Utica NY 13502 INSURERS AFFORDING COVERAGE NAIC M INSURED Adjusters International INSURER A: Cu INSURERS: The Goodman, Gable, Gould Company INSURERC: 6 Reservoir Circle Baltimore MD 21208 INSURERD: INSURER F_ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. OTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DCTYPE OF INSUIRANQF POLICY NUMBER POLICY EFFECTNE POLICY EXPIRATION LIMITS GENERALLIABILITY EACHOCCURRENCE $ COMMERCIAL GENERAL LIABILITY PDAMAGE tv REMISES RENTED $ MEDEXP (Any ona man) $ CLAIMS MADE OCCUR PERSONAL& ADV INJURY $ GENERALAGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: 17 POUCY P LOC PRODUCTS - COMP/OP AGG $ AUTOMOBILE LIABILITY ANY AUTO COMBINED EaacccidentSINGLELIMrT $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY (Perpenonan) $ HIRED AUTOS NONOWNEDAUTOS BODILY INJURY(Peraccidem) $ PROPERTY DAMAGE (PeraccldeM) $ i GARAGE LIABILITY AUTO ONLY -EA ACCIDENT E ANY AUTO OTHER THAN EA ACC S S AUTOONLY: AGO EXCESSIUMBRELLA LIABILITY OCCUR CLAIMS MADE EACHOCCURRENCE $ AGGREGATE $ $ DEDUCTIBLE RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC STATU- OTH- E.LEACHACCIDENT $ ANY PROPRIETOR/PARTNERIEXECUTIVE OFPICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE - S A Me deacdbe under SPEG�IALPROVISIONSbW.. OTHER Professional Errors and Omissions 81706777 11/5/2008 11/5/2009 E.LDISEASE -POLICY LIMIT $ $5,000,000 Limit $25,000 SIR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS CFRTIFICATF Mnl nan Monroe County Board of County Commissioners 1100 Simonton St Rm 268 Key West FL 33040 ACORD 25 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE @ACORD