FY2023-2025 10/19/2022 p,
Kevin Madok, cpA
Clerk of the Circuit Court& Comptroller— Monroe County, Florida
DATE: 0ctober 25, 2022
TO: Aiiiiiiie Macliali, A(Iiiiiiiistrative Assistant
Tourist Developmew Council
FROM: Paiiiela G. Halic(
SUBJECT: October 19" BOCC Mectilig
Attaclied arc ciccii,oiilc copies oftlic 1'()Ilo%%,Iiig items 1'()r yotii- liaii(Ililig:
F13 Agreciiiew mili file City ol'Niaratlioii in all ali-iotnit iiot to exceed 8203,050/year
DAC III Capital Resources for the City ol'Maratlion Beach Cleaning Agreement.
Fit Agi-cciiiew %%idi the City ol'Nlaratlioii in an amount not to exceed $2 t5,000 DAC
11111' 2023 Capital Resoui-ces lor the City ol'Maratlioii Quay Restroom 11 (Public Facilities)
Project.
Sliotil(l you lla%,c ally (Iticstioi-is please feel Free to contact iiie at (305) 292-3550.
cc: Comity Attorney
Filialice
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 3300 Marathon, Florida 33050 Plantation Key, Florida 33070
Grant Award Agreement
THIS AGREEMENT (agreement) is entered into this 19th day of
October 2022 by and between MONROE COUNTY (County or Grantor), a political
subdivision of the State of Florida and City of Marathon (Grantee) a Government
organized and operating under the laws of the State of Florida.
WHEREAS, the district pennies of Tourist Development Tax may be used
for the following purposes only: To acquire, construct, extend, enlarge, remodel, repair,
improve, maintain, one or more a. Publicly owned and operated convention centers, sports
stadiums, sports arenas, coliseums, or auditoriums within the boundaries of the county or
subcounty special taxing district in which the tax is levied; or b. Auditoriums that are
publicly owned but are operated by organizations that are exempt from federal taxation
pursuant to 26 U.S.C. s. 501(c)(3) and open to the public; c. Aquariums or museums that
are publicly owned and operated or owned and operated by not-for-profit organizations
and open to the public, within the boundaries of the county or subcounty special taxing
district in which the tax is levied; or 5. To finance beach park facilities or beach, channel,
estuary, or lagoon improvement, maintenance, re-nourishment, restoration, and erosion
control; or 6. public facilities if needed to increase tourist related business activities and in
accordance with F.S. 125.0104(5)(a)(6.) and (b) zoological parks, fishing piers or nature
centers which are public owned and operated or owned and operated by not-for-profit
organizations and open to the public; and
WHEREAS, Grantee has applied to TDC District III for funding for the City
of Marathon Beach Cleaning capital project; and
WHEREAS, the Grantor and Tourist Development Council (TDC) have
determined that it is in the best interest of the County, for purposes of promoting tourism
and preserving the heritage of the community, to attract tourists, and improve the property
for use as an Beach/beach park facility open to the public;
NOW, THEREFORE, in consideration of the mutual covenants and
payments contained herein, the Grantee and the Grantor have entered into this agreement
on the terms and conditions as set forth below.
1. GRANT AGREEMENT PERIOD. This agreement is for the period of October 1,
2022 through to September 30, 2025. This agreement shall remain in effect for the stated
period unless one party gives to the other written notification of termination pursuant to and
in compliance with paragraphs 7, 12 or 13 below.
2. SCOPE OF AGREEMENT. The representations made by the Grantee in its
proposal submitted to the TDC are incorporated herein by reference. The Grantee shall
provide the following scope of services: Materials and Labor required to complete the
above mentioned project. The work is more particularly described in Exhibit A, detailing the
work and the cost allocable attached hereto, and incorporated herein by reference.
Anything not referenced within Exhibit A will not be reimbursed. All work for which
grant funds are to be expended must be completed each fiscal year by September 30 and
all invoices pertaining to this project shall be submitted to the Finance Department of
City of Marathon Beach Cleaning
FY 2023 Capital Project Funding- Beach Cleaning
Contract ID#2852
1
Monroe County no later 10 business days after the end of the fiscal year (September 30)
to be considered for payment. Acknowledgement: Grantee shall be required to
permanently display and maintain at Grantee's expense, public acknowledgement of the
support of the Monroe County Tourist Development Council in a publicly prominent area of
their facility in the following form: "This project was made possible with the financial
support of the Monroe County Tourist Development Council." If the Grantee has already
complied with this requirement through previous funding, said acknowledgement fulfills this
condition. A photograph of said acknowledgment shall be provided with the final request
for reimbursement outlined in Exhibit A of this agreement.
a.) There shall be a project manager to acknowledge receipt of goods or work
performed. This Project Manager shall be Carlos Solis (Email:
solisc ci.marathon.fl.us; Phone: 305-289-5008). Should there be a change in the
project manager specified in the Grantee's application, a new project manager shall
be designated, and notice with new contact information shall be provided in writing
to the TDC administrative office.
b.) If, and to the extent that, Grantee contracts for any of the work funded under
this agreement to be performed or completed, Grantee shall keep records of such
agreements as set forth in Paragraph 4.
(i) A Grantee which is a governmental entity shall comply with the
procurement regulations and policies to which it is subject, and shall provide
Grantor documentation of the procurement requirements applicable to the
project and compliance therewith.
3. AMOUNT OF AGREEMENT AND PAYMENT. The Grantor shall provide an
amount not to exceed $203,050 (Two Hundred Three Thousand and Fifty Dollars) per
fiscal year, for materials and services used to improve the property. Reimbursement
request must show that Grantee has paid in full for materials and services relating to the
project prior to seeking the 100% (one hundred percent) reimbursement from Grantor.
Payment request will be submitted quarterly in an amount not to exceed $203,050 each
Fiscal Year. The Board of County Commissioners and the Tourist Development Council
assume no liability to fund this agreement for an amount in excess of this award. Monroe
County's performance and obligation to pay under this agreement is contingent upon an
annual appropriation by the BOCC.
a.) Payment shall be made upon the completion of a specific segment as
outlined in the Scope of Services and Exhibit A. Payment for expenditures
permissible by law and County policies shall be made through reimbursement to
Grantee upon presentation of Attached Exhibit B — Invoice and a listing of invoices
that are being reimbursed. The invoice listing shall include vendor name, scope of
work, invoice number, invoice date, and amount to be reimbursed, check number,
and check date. The application for payment document must be certified through a
statement signed by an officer of the organization and notarized, declaring that
representations in the invoice are true and factual.
City of Marathon Beach Cleaning
FY 2023 Capital Project Funding- Beach Cleaning
Contract ID#2852
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The Project Manager shall certify delivery to the project site and installation therein
of any goods or services provided other than through an architect, engineer or
contractor. All work performed and goods received on site and incorporated into the
project shall be verified by one of the foregoing. Submission of any documentation
which is untrue, falsified, or otherwise misrepresents the work which has been
completed, paid, or donated shall constitute a breach of agreement, for which the
contract may be immediately terminated at the discretion of the County, whose
decision shall be final.
c.) At any time that the documentation requirement policies of Monroe County
are revised, such as to require annual inventory reports for equipment purchased
under a TDC capital project grant, Grantee shall comply thereafter with such
increased requirements, or further funding under the agreement may be terminated
by County.
d.) Upon successful completion of this Grant agreement, the Grantee may retain
ownership of the real and personal property acquired and/or improved with funding
under this Grant agreement. However, the Grantee shall maintain, preserve, and
operate the property which was acquired or improved under this agreement for the
uses and purposes which qualified the Grantee for tourist development tax funding.
Grantee shall complete and sign a Property Reporting Form upon request for
personal property and forward said completed form to the TDC Administrative
Office. Real property acquired or improved through funding under this agreement
shall remain dedicated for the purposes set forth herein or for other purposes which
promote tourism and ownership of said property shall be retained by the Grantee.
The following terms shall apply-
(i) The Grantee shall have the use of the property, including both real
and personal, acquired with funding under this agreement, at the project site
for so long as the facility is operated by Grantee, open to the public, and has
a primary purpose of promoting tourism. At such time as any of the
conditions in the preceding sentence shall cease to exist, the Grantee shall
transfer ownership and possession of equipment and personal property to a
local government or another not-for-profit organization which is a facility for
which tourist development taxes may be used pursuant to Florida Statute
125.0104 with prior approval from TDC and BOCC.
(ii) At any time that the Grantee: (a) elects to stop the project or otherwise
decide not to place into service for tourist-related purposes the facility
acquired, constructed, or renovated with tourist development tax funding, (b)
demolishes the project facility or divests itself of ownership or possession of
the real property, or (c) ceases the use of the property with a primary
purpose of promoting tourism, Grantee shall, pursuant to the formula set
forth hereafter, refund to the County the Tourist Development funding. This
provision shall survive the termination date of all other provisions of this
contract for a period of ten years. Should the demolition, transfer of
ownership, or change to a non-tourist related purpose occur, the amount of
refund shall be pro-rated based on a useful life of ten (10) years.
City of Marathon Beach Cleaning
FY 2023 Capital Project Funding- Beach Cleaning
Contract ID#2852
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(iii) The Grantee is responsible for the implementation of adequate
maintenance procedures to keep the real and personal property in good
operating condition.
(iv) The Grantee is responsible for any loss, damage, or theft of, and any
loss, damage or injury caused by the use of, real or personal property or
equipment purchased through funding under this agreement.
4. RECORDS AND REPORTS. The Grantee shall keep such records as are
necessary to document the performance of the agreement and expenses as incurred, and
give access to these records at the request of the TDC, the County, the State of Florida or
authorized agents and representatives of said government bodies. The Grantee shall also
provide such access to the personal Property and equipment purchased under this
agreement. It is the responsibility of the Grantee to maintain appropriate records in
accordance with generally accepted accounting principles consistently applied to insure a
proper accounting of all funds and expenditures. The Grantee understands that it shall be
responsible for repayment of any and all audit exceptions which are identified by the
Auditor General for the State of Florida, the Clerk of Court for Monroe County, the Board of
County Commissioners for Monroe County, or their agents and representatives. If an audit
determines that monies paid to the Grantee pursuant to this agreement were spent for
purposes not authorized by this agreement, the Grantee shall repay the monies together
with interest calculated pursuant to Sec. 55.03, F.S. running from the date the monies
were paid to Grantee. In the event of an audit exception, the current fiscal year grant
award or subsequent grant awards will be offset by the amount of the audit exception. In
the event the grant is not renewed or supplemented in future years, the Grantee will be
billed by the Grantor for the amount of the audit exception and shall promptly repay any
audit exception.
a.) Public Access. The County and Grantee 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 Grantee in conjunction with this
agreement; and the County shall have the right to unilaterally cancel this agreement
upon violation of this provision by Grantee.
5. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the terms of
this agreement shall be only amended in writing and approved by the Board of County
Commissioners for Monroe County. The terms, covenants, conditions, and provisions of
this agreement shall bind and inure to the benefit of the County and Grantee and their
respective legal representatives, successors, and assigns.
6. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the
Grantee 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 as to find the Grantee or any of its employees, contractors, servants or agents
to the employees of the Board of County Commissioners of Monroe County, and they shall
be entitled to none of the rights, privileges or benefits of employees of Monroe County.
City of Marathon Beach Cleaning
FY 2023 Capital Project Funding- Beach Cleaning
Contract ID#2852
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a.) 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.
7. COMPLIANCE WITH LAW. In carrying out its obligations under this agreement, the
Grantee shall abide by all statutes, ordinances, rules and regulations pertaining to or
regulating the provisions of this agreement, including those now in effect and hereafter
adopted. Any violation of said statutes, ordinances, rules or regulations shall constitute a
material breach of this agreement and shall entitle the Grantor to terminate this agreement
immediately upon delivery of written notice of termination to the Grantee.
8. RESTRICTIONS ON AGREEMENTS ENTERED PURSUANT TO THIS
AGREEMENT. The Grantee shall include in all agreements funded under this agreement
the following terms:
a.) Anti-discrimination. Contractor agrees that it will not discriminate against any
employees or applicants for employment or against persons for any other benefit or
service under this agreement because of their race, color, religion, sex, national
origin, or physical or mental handicap where the handicap does not affect the ability
of an individual to perform in a position of employment, and to abide by all federal
and state laws regarding non-discrimination.
b.) Anti-kickback. Contractor warrants that no person has been employed or
retained to solicit or secure this agreement upon an agreement or understanding for
a commission, percentage, brokerage or contingent fee, and that no employee or
officer of the Contractor has any interest, financially or otherwise, in County. For
breach or violation of this warranty, the County shall have the right to annul this
agreement without liability or, in its discretion, to deduct from the agreement price or
consideration, the full amount of such commission, percentage, brokerage or
contingent fee. Contractor acknowledges that it is aware that funding for this
agreement is available at least in part through the County and that violation of this
paragraph may result in the County withdrawing funding for the project.
c.) Hold harmless/indemnification. Contractor acknowledges that this
agreement is funded at least in part by the County and agrees to indemnify and hold
harmless the County and any of its officers and employees from and against any
and all claims, liabilities, litigation, causes of action, damages, costs, expenses
(including but not limited to fees and expenses arising from any factual
investigation, discovery or preparation for litigation), and the payment of any and all
of the foregoing or any demands, settlements or judgments (collectively claims)
arising directly or indirectly from any negligence, wrongful acts or omissions or
criminal conduct on the part of contractor in the performance of the terms of this
agreement. The contractor shall immediately give notice to the County of any suit,
claim or action made against the contractor that is related to the activity under this
City of Marathon Beach Cleaning
FY 2023 Capital Project Funding- Beach Cleaning
Contract ID#2852
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agreement, and will cooperate with the County in the investigation arising as a
result of any suit, action or claim related to this agreement.
d.) Insurance. Contractor agrees that it maintains in force at its own expense a
liability insurance policy which will insure and indemnify the contractor and the
County from any suits, claims or actions brought by any person or persons and from
all costs and expenses of litigation brought against the contractor for such injuries to
persons or damage to property occurring during the agreement or thereafter that
results from performance by contractor of the obligations set forth in this
agreement. The following coverage's shall be provided:
1. Workers' Compensation insurance as required by Florida Statutes.
2. Commercial General Liability Insurance with minimum limits of $500,000
per occurrence for bodily injury, personal injury and property damage.
3. Comprehensive Auto Liability Insurance with minimum limits of $300,000
combined single limit per occurrence.
The contractor, the County and the TDC shall be named as additional insured on
insurance policies, except workers' compensation. The policies shall provide no
less than 30 days' notice of cancellation, non-renewal or reduction of coverage.
At all times during the term of this agreement and for one year after acceptance of
the project, contractor shall maintain on file with the County a certificate of
insurance showing that the aforesaid insurance coverage are in effect.
e.) Licensing and Permits. Contractor warrants that it shall have, prior to
commencement of work under this agreement and at all times during said work, all
required licenses and permits whether federal, state, county or city.
f.) Right to Audit. The contractor shall keep such records as are necessary to
document the performance of the agreement and expenses as incurred, and give
access to these records at the request of the TDC, the County, the State of Florida
or authorized agents and representatives of said government bodies.
9. HOLD HARMLESS/INDEMNIFICATION. The Grantee hereby agrees to indemnify
and hold harmless the BOCC/TDC and the 3406 North Roosevelt Blvd. Corporation or any
of its officers and employees from and against any and all claims, liabilities, litigation,
causes of action, damages, costs, expenses (including but not limited to fees and
expenses arising from any factual investigation, discovery or preparation for litigation), and
the payment of any and all of the foregoing or any demands, settlements or judgments
arising directly or indirectly under this agreement. The Grantee shall immediately give
notice to the Grantor of any suit, claim or action made against the Grantor that is related to
the activity under this agreement, and will cooperate with the Grantor in the investigation
arising as a result of any suit, action or claim related to this agreement.
a.) Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28,
Florida Statutes, the participation of the County and the Grantee in this agreement
City of Marathon Beach Cleaning
FY 2023 Capital Project Funding- Beach Cleaning
Contract ID#2852
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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 contract
entered into by the County be required to contain any provision for waiver.
b.) 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.
10. NONDISCRIMINATION. County and Grantee 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 PROVIDER 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 VI of the Civil Rights Act of
1964 (PL 88-352) which prohibits discrimination on the basis of race, color or 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 (42 USC
ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse
Office and Treatment Act of 1972 (PL 92-255), 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. 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII 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; 9) The Americans with Disabilities Act of 1990 (42
USC s. 12101 Note), as maybe amended from time to time, relating to nondiscrimination
on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits
discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual
orientation, gender identity or expression, familial status or age; 11) any other
nondiscrimination provisions in any Federal or state statutes which may apply to the
parties to, or the subject matter of, this Agreement.
11. ANTI-KICKBACK. The Grantee warrants that no person has been employed or
retained to solicit or secure this agreement upon an agreement or understanding for a
commission, percentage, brokerage or contingent fee, and that no employee or officer of
the County or TDC has any interest, financially or otherwise, in the said funded project,
except for general membership. For breach or violation of this warranty, the Grantor shall
have the right to annul this agreement without liability or, in its discretion, to deduct from
City of Marathon Beach Cleaning
FY 2023 Capital Project Funding- Beach Cleaning
Contract ID#2852
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the agreement price or consideration, the full amount of such commission, percentage,
brokerage or contingent fee.
12. TERMINATION. This agreement shall terminate on September 30, 2025.
Termination prior thereto shall occur whenever funds cannot be obtained or cannot be
continued at a level sufficient to allow for the continuation of this agreement pursuant to
the terms herein. In the event that funds cannot be continued at a level sufficient to allow
the continuation of this agreement pursuant to the terms specified herein, this agreement
may then be terminated immediately by written notice of termination delivered in person or
by mail to Grantee. The Grantor may terminate this agreement without cause upon giving
written notice of termination to Grantee. The Grantor shall not be obligated to pay for any
services or goods provided by Grantee after Grantee has received written notice of
termination.
13. TERMINATION FOR BREACH. The Grantor may immediately terminate this
agreement for any breach of the terms contained herein. Such termination shall take place
immediately upon receipt of written notice of said termination. Any waiver of any breach of
covenants herein contained to be kept and performed by Grantee shall not be deemed or
considered as a continuing waiver and shall not operate to bar or prevent the Grantor from
declaring a forfeiture for any succeeding breach either of the same conditions or of any
other conditions. Failure to provide Grantor with certification of use of matching funds or
matching in-kind services at or above the rate of request for reimbursement or payment is
a breach of agreement, for which the Grantor may terminate this agreement upon giving
written notification of termination.
14. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the
parties hereto with respect to the subject matter hereof and supersedes any and all prior
agreements with respect to such subject matter between the Grantee and the Grantor.
15. 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 contracts made and to be performed entirely in the state. This
agreement is not subject to arbitration. 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.
a.) Venue. In the event that any cause of action or administrative proceeding is
instituted for the enforcement or interpretation of this agreement, the County and
Grantee agree that venue shall lie in the appropriate court or before the appropriate
administrative body in Monroe County, Florida.
b.) 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
City of Marathon Beach Cleaning
FY 2023 Capital Project Funding- Beach Cleaning
Contract ID#2852
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provisions of this agreement would prevent the accomplishment of the original intent
of this agreement. The County and Grantee 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.
c.) Attorney's Fees and Costs. The County and Grantee 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, and shall
include attorney's fees, court costs, investigative, and out-of-pocket expenses in
appellate proceedings.
d.) Adjudication of Disputes or Disagreements. County and Grantee 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 the issue or
issues are still not resolved to the satisfaction of the parties, 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.
e.) 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 Grantee 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 Grantee specifically agree that no party to this
agreement shall be required to enter into any arbitration proceedings related to this
agreement.
16. ETHICS CLAUSE: Grantee warrants that he has not employed, retained or
otherwise had act on his behalf any former County officer or employee in violation of
Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10-1990. For breach or violation of the provision the Grantor
may, at its discretion terminate this agreement without liability and may also, at 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 or
present County officer or employee. The County and Grantee 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 Grantee 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.
City of Marathon Beach Cleaning
FY 2023 Capital Project Funding- Beach Cleaning
Contract ID#2852
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a.) Covenant of No Interest. County and Grantee 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.
b.) 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.
17. PUBLIC ENTITY CRIME STATEMENT: 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 an agreement to provide any goods or services to a public entity, may not submit a
bid on an agreement with a public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to public entity, may not be
awarded or perform work as a contractor, supplier, sub-contractor, or consultant under an
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, Florida Statutes, for
CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list. By executing this document grantee warrants that it is in compliance
with this paragraph.
18. AUTHORITY: Grantee warrants that it is authorized by law to engage in the
performance of the activities encompassed by the project herein described. Each of the
signatories for the Grantee below certifies and warrants that the Grantee's name in this
agreement is the full name as designated in its corporate charter (if a corporation); they
are empowered to act and contract for the Grantee; and this agreement has been
approved by the Board of Directors of Grantee or other appropriate authority.
19. LICENSING AND PERMITS: Grantee warrants that it shall have, prior to
commencement of work under this agreement and at all times during said work, all
required licenses and permits whether federal, state, county or city.
20. INSURANCE: Grantee agrees that it maintains in force at its own expense a liability
insurance policy which will insure and indemnify the Grantee and the Grantor from any
suits, claims or actions brought by any person or persons and from all costs and expenses
of litigation brought against the Grantee for such injuries to persons or damage to property
occurring during the agreement or thereafter that results from performance by Grantee of
the obligations set forth in this agreement. At all times during the term of this agreement
and for one year after acceptance of the project, Grantee shall maintain on file with the
Grantor a certificate of the insurance of the carriers showing that the aforesaid insurance
policy is in effect. The following coverage's shall be provided:
1. Workers' Compensation insurance as required by Florida Statutes.
City of Marathon Beach Cleaning
FY 2023 Capital Project Funding- Beach Cleaning
Contract ID#2852
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2. Commercial General Liability Insurance with minimum limits of $500,000
Combined Single Limit (CSL) If split limits are provided, the minimum
limits acceptable shall be $250,000 per Person $500,000 per occurrence
$50,000 property damage.
3. Comprehensive Business Auto Liability Insurance with minimum limits of
$300,000 combined single limit per occurrence.
The Grantee, the Grantor and the TDC shall be named as additional insured, except
workers' compensation. The policies shall provide no less than 30 days' notice of
cancellation, non-renewal or reduction of coverage. Grantee shall provide to the County,
as satisfactory evidence of the required insurance, including the insurance policy
application and either:
• Original Certificate of Insurance, OR
• Certified copy of the actual insurance policy, OR
• Certificate of Insurance e-mailed from Insurance Agent/Company to
County Risk Management - Telephone Brian Bradley at (305) 295-3178
for details (Certificates can be e-mailed directly from the insurance
agency to: radley- rian MonroeC L.Gov — The e-mail must
state that this is a certificate for a TDC project and should be forwarded to
Ammie Machan at the TDC administrative office)
An original certificate or a certified copy of any or all insurance policies required by this
contract shall be filed with the Clerk of the BOCC prior to the contract being executed by
the Clerk's office. The Insurance policy must state that the Monroe County BOCC and
Monroe County TDC is the Certificate Holder and additional Insured for this contract
(certificate only for workers' compensation coverage). Insurance information should be
mailed to:
Monroe County Board of County Commissioners
c/o Risk Management
P.O. Box 1026
Key West, FL 33041
21. NOTICE. 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:
For Grantee: Carlos Solis
City of Marathon
9805 Overseas Highway
Marathon, FL 33050
City of Marathon Beach Cleaning
FY 2023 Capital Project Funding- Beach Cleaning
Contract ID#2852
11
For Grantor: Maxine Pacini
Monroe County Tourist Development Council
1201 White Street, Suite 102
Key West, FL 33040
and
Ms. Christine Limbert-Barrows, Asst. County Attorney
P.O. Box 1026
Key West, FL 33041-1026
22. CLAIMS FOR FEDERAL OR STATE AID. Grantee 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. Any conditions imposed as a result of funding that
effect the Project will be provided to each party.
23. 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 any participating entity, in which case the
performance may be offered in satisfaction of the obligation or responsibility. Further, this
agreement is not intended to, nor shall it be construed as, authorizing the delegation of the
constitutional or statutory duties of the County, except to the extent permitted by the
Florida constitution, state statute, and case law.
24. 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 Grantee agree that neither the County nor the Grantee
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.
25. ATTESTATIONS. Grantee agrees to execute such documents as the County may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a
Drug-Free Workplace Statement.
26. FORCE MAJEURE. The Grantee shall not be liable for delay in performance or
failure to complete the project, in whole or in part, due to the occurrence of any
contingency beyond its control or the control of its contractors and subcontractors,
including war or act of war whether an actual declaration thereof is made or not, act of
terrorism impacting travel in the United States, insurrection, riot or civil commotion, act of
public enemy, epidemic, quarantine restriction, storm, flood, drought or other act of God, or
act of nature (including presence of endangered animal species which cannot be timely
removed in a safe manner) or any act of any governmental authority which prohibits the
project from proceeding as described in the scope of services and incorporated references
and which the Grantee has exercised reasonable care in the prevention thereof. However,
City of Marathon Beach Cleaning
FY 2023 Capital Project Funding- Beach Cleaning
Contract ID#2852
12
lack of planning for normal and expected weather conditions for the time of year the project
is to be executed shall not constitute an act of God excusing a delay. Any delay or failure
due to the causes stated shall not constitute a breach of the agreement; however, the
Grantor shall have the right to determine if there will be any reduction to the amount of
funds due to the Grantee after consideration of all relevant facts and circumstances
surrounding the delay in performance or failure to complete the project within the contract
period. Upon demand of TDC or Grantor, the Grantee must furnish evidence of the
causes of such delay or failure. Grantor shall not pay for any goods received or services
provided after the date(s) described in paragraph 1 and Scope of Services.
27. 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.
28. 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.
29. MISCELLANEOUS: As used herein, the terms "contract" and "agreement" shall be
read interchangeably.
City of Marathon Beach Cleaning
FY 2023 Capital Project Funding- Beach Cleaning
Contract ID#2852
13
IN IT WHEREOF, the partieshereto have caused this agreement to be executed
'the day and year first above written,
A L) Board of County Commissioners
st: Kevin Madok, Clerk of Monroe County
/0X %
o
ll
Deputy Clerk Mayor/Chairman WWOROE COLAM ATTORM
AISIZA
......... ._
City of Marathon,
Attest:
Dianelavi r City Clerk
Mayor Jo n Bartus
Diane Iai r
Print Name John Bartus
Print
r,
City of Marathon Beach Cleaning
Capital Project Funding- each Cleaning
Contract I
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EXHIBIT B
Invoice
For Beach Cleaning Services, in full accordance with the contract effective October 1,
2022 between Monroe County Board of County Commissioners (COUNTY) and City of
Marathon (Grantee)
The COUNTY shall pay the Grantee for services rendered in the amount of $203,050 per
FY year.
The Grantee certifies that all services and provisions specified within the contract as listed
in Exhibit A have been met for the period from 20 to
,20
The Grantee requests payment of$ made payable to the Grantee
Print Name Title
Signature Title
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑
online notarization, on (date) by
(name of affiant). He/She is personally
known to me or has produced (type of
identification) as identification.
NOTARY PUBLIC
My Commission Expires:
City of Marathon Beach Cleaning
FY 2023 Capital Project Funding- Beach Cleaning
Contract ID#2852
15
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City of Marathon Beach Cleaning
FY2O23 Capital Project Funding- Beach Cleaning
Contract |O#2DS2
INSURANCE CHECKLIST FOR VENDORS SUBMITTING PROPOSALS OR BIDS FOR WORK
To assist in the development of your proposal,the insurance coverages marked with an"X"will be required in the
event an award is made to your firm. Please review this form with your insurance agent and have him/her sign it
in the place provided. It is also required that the bidder sign requisite form reflecting coverage and submit it with
the proposal.
WORKERS'COMPENSATION
AND
EMPLOYERS' LIABILITY
Workers' Statutory Limits
X Compensation
Bodily Injury by Accident/Bodily Injury by Disease, Policy
Limits/Bodily Injury by Disease each employee
WC1 Employers Liability $100,000/$500,000/$100,000
WC2 Employers Liability $500,000/$500,000/$500,000
WC3 Employers Liability $1,000,000/$1,000,000/$1,000,000
US Longshoremen &
WCUSLH Harbor Workers Act $1,000,000
WCJA Federal Jones Act $1,000,000
Monroe County Tourist Development Council FY 2023 Capital Project Application
27
GENERAL LIABILITY
As a minimum,the required general liability coverages will include:
• Premise Operation o Products and Completed Operations
• Blanket Contractual o Personal Injury
Required Limits:
GL1 $300,000 Combined Single Limit
GI-2 x $500,000 Combined Single Limit
GI-3 $1,000,000 Combined Single Limit
GI-4 $2,000,000 Combined Single Limit
GI-5 $3,000,000 Combined Single Limit
GI-6 $4,000,000 Combined Single Limit
GI-7 $5,000,000 Combined Single Limit
Required Endorsements:
GLLIQ Liquor Liability
GLS Security Services
All endorsements are required to have the same limits as the basic policy.
Monroe County Tourist Development Council FY 2023 Capital Project Application
28
BUSINESS AUTOMOBILE LIABILITY
As a minimum, coverage should extend to liability for:
0 Owned; Non-Owned and Hired Vehicles
Required Limits:
$50,000 per Person:$100,000 per Occurrence
$25,000 Property Damage
Or
$100,000 Combined Single Limit
(The use of VLI should be limited to special projects that involve other
governmental entities or"Not for Profit"organizations. Risk Management
VL1 must approve the use of this form).
$200,000 per Person;$300,000 per Occurrence
$200,000 Property Damage
or
VL2 X $300,000 Combined Single Limit
$500,000 per Person; $1,000,000 per Occurrence
$100,000 Property Damage
or
VL3 $1,000,000 Combined Single Limit
VL4 $5,000,000 Combined Single Limit
Miscellaneous Coverages
Builders Risk Limits equal to the
Full Replacement Value of the completed
BR1 project.
CLI Cyber Liability $1,000,000
Motor Truck Cargo Limits equal to the maximum value of any one
MVC shipment
PRO Professional Liability $300,000 per Occurrence./$ 500,000 Agg.
PR02 $500,000 per Occurrence/$1,000,000 Agg.
PR03 $1,000,000 per Occurrencei$2,000,000 Agg.
POL1 Pollution Liability $ 500,000 per Occurrence/$(,000,000 Agg.
POL2 $1,000,000 per Occurrence/$2,000,000 Agg.
POL3 $3,000,000 per Occurrence/$6,000,000Agg.
POL4 $5,000,000 per Occurrence/$10,000,000 Agg,
EDt Employee Dishonesty $ 10,000
E D 2 $100,000
GK1 Garage Keepers $ 300,000 ($25,000 per Vehicle)
Monroe County Tourist Development Council FY 2023 Capital Project Application
29
GK2 $ 500,000($100,000 per Vehicle)
GK3 $1,000,000 ($250,000 per Vehicle)
MED1 Medial Professional $300,000/$750,000 Agg.
MED2 $500,000/$1,000,000 Agg.
MED3 $1,000,000/$3,000,000 Agg.
MEN $5,000,000/$10,000,000 Agg.
IF Installation Floater Maximus value of Equipment Installed
VLP1 Hazardous Cargo Transporter $300,000 (Requires MCS-90)
VLP2 $500,000 (Requires MCS-90)
VLP3 $1,000,000 (Requires MCS-90)
Maximum Value of County Property that will be
BLL Bailee Liab. in the Bailee's possession
HKL1 Hanger Keepers Liability $300,000
H KL2 $500,000
HKL3 _ $1,000,000
H KL4 $5,000,000
AIR1 Aircraft Liability $1,000,000
AI R2 $5,000,000
AIR3 _ $50,000,000
AEO1 _ Architects Errors&Omissions $250,000 per Occurrence/$500,000 Agg
AE02 $500,000 per Occurrence/$1,000,000 Agg
AE03 $1,000,000 per Occurrence/$3,000,000 Agg.
AE04 $300,000,000 per Occurrence/$5,000,000 Agg.
ARP All Risk Property Full Replacement Value of Structure
EOJ Engineers Errors&Omissions $250,000 per Occurrence/$500,000 Agg.
E02 $500,000 per Occurrence,'$1,000,000 Agg.
E03 $ 1,000,000 per Occurrence.%$2,000,000 Agg.
E04 $5,000,000 per Occurrence/$]0,000,000 Agg.
WI-1 Water Craft Liability $500,000 per Occurrence
WI-2 $1,000,000 per Occurrence
Monroe County Tourist Development Council FY 2023 Capital Project Application
30
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the bidder named below.The following deductibles apply to the
corresponding policy.
Policy Deductibles
Workers Co ensat.a�__..... .... �. . .... ..._ :. _�.....
ion
General Liability 0
w r w ess_.A i tt Lisabl ity .0
Liability policies are _ Occurrence ❑Claims Made
�,4 P
Brown & Brown
insurance gency Signature
APPLICANTS STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will
comply in full with all the requirements.
Applicant Name j �d Title Sig, atUre
Company Name:
Monroe County Tourist Development Council FY 2023 Capital Project Application
31
CERTIFICATE OF COVERAGE ISSUED ON: 09/26/2022
COVERAGE PROVIDED BY:PREFERRED GOVERNMENTAL INSURANCE TRUST
PACKAGE AGREEMENT NUMBER: PK FLI 0442900 22-07 COVERAGE PERIOD: 10/01/2022 TO 10/01/2023 12:01 AM
COVERAGES:This is to certify that the agreement below has been issued to the designated member for the coverage 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 coverage afforded by the
agreement described herein subject to all the terms,exclusions and conditions of such agreement.
Mail to:Certificate Holder Designated Member
Monroe County Board of County Commissioners,Monroe County Tourist City of Marathon
Development Council 9805 Overseas Highway
1201 White Street,Ste 102 Marathon,FL 33050
Key West,FL 33040
LIABILITY COVERAGE WORKERS'COMPENSATION COVERAGE
X Comprehensive General Liability,Bodily Injury,Property Damage WC AGREEMENT NUMBER:
and Personal Injury:
Limit $1,000,000 $0 Deductible Selflnsured Workers'Compensation
X Employee Benefits Liability
Limit $1,000,000 $0 Deductible
X Employment Practices Liability Statutory Workers'Compensation
Limit $1,000,000 $0 Deductible
X Public Officials Liability Employers Liability
$ Each Accident
Limit $1,000,000 $0 Deductible
$ By Disease
Law Enforcement Liability $ Aggregate Disease
Limit Deductible
PROPERTY COVERAGE AUTOMOBILE COVERAGE
X Buildings&Personal Property X Automobile Liability
Limit:Per schedule on file with Trust $1,000 Deductible Limit $1,000,000 $0 Deductible
Note:See coverage agreement for wind,flood,and other deductibles. X All Owned
X Rented,Borrowed and Leased Equipment Specifically Described Autos
Limit:$38,119 TI V See Schedule for Deductible X Hired Autos
X Total All other Inland Marine X Non-Owned Autos
Limit:$ 1,928,891 TIV See Schedule for Deductible
X Automobile Physical Damage
CRIME COVERAGE X Comprehensive See Schedule for Deductible
X Employee Dishonesty X Collision See Schedule for Deductible
Limit$500,000 $1,000 Deductible X Hired Auto with limit of$100,000
X Forgery or Alteration
Lintu$500,000 $1,000 Deductible Garage Keepers
X Theft Disappearance&Destruction Liability Limit
Lintu$500,000 $1,000 Deductible Liability Deductible
X Computer Fraud Comprehensive Deductible
Limit$500,000 $1,000 Deductible Collision Deductible
NOTE:Additional Covered Party status is excluded for non-governmental entities. The most we will pay is further limited by the limitations set forth in Section
768.28(5),Florida Statutes(2010)or the equivalent limitations of successor law which are applicable at the time of loss.
Description of Operations/Locations/Vehicles/Special items-(This section completed by members agent,who bears complete responsibility and liability for its accuracy):
Certificate of Insurance issued with respect to the Sombrero and Coco Plum Beach Maintenance.
0 T
By 111�,(7nr-
DATE; , _. — �
I IYft--
This certificate is issued as a matter of information only and confers no rights upon the certificate I . a ..«-
coverage afforded by the agreement above.
Administrator CANCELLATIONS
Public Risk Underwriters@ SHOULD ANY OF THE ABOVE DESCRIBED AGREEMENT BE CANCELLED BEFORE TFIE
P.O.Box 958455 EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH TFIE
Lake Mary,FL 32795-8455 COVERAGE AGREEMENT PROVISIONS.
Producer
Public Risk Insurance Advisors
300 North Beach Street,
Daytona Beach,FL 32114 AUTHORIZED REPRESENTATIVE
PGIT-CERT(1/19)PRINT FORM 09/26/2022
Print Date:9/26/2022
rred
09/26/2022
Monroe County Board of County Commissioners,Monroe County Tourist Development Council
1201 White Street,Ste 102
Key West , FL , 33040
Re: Coverage Agreement - PK FLl 0442900 22-07
City of Marathon
Effective Date: 10/01/2022 TO 10/01/2023
To Whom It May Concern:
Preferred Governmental Insurance Trust is unable to name non-governmental entities
as an additional covered party due to Florida Statute 768.28.
Non-governmental entities do not enjoy sovereign immunity protection under Florida
law. Coverage through the Preferred Governmental Insurance Trust is predicated upon
the concept of sovereign immunity among all its members. Accordingly, entities which
are not eligible for sovereign immunity protection under F.S. 768.28 may not be an
additional covered party under the Preferred coverage agreement.
We appreciate your understanding.
Margaret E. Gross, CPCU
Director of Underwriting
"IfAdditional Covered Party status was not requested on the attached certificate, the provisions in
this letter do not apply.**
Administered by PUBLIC RISK UNDERWRITERS
P.O. Box 958455 +Lake Mary, FL 32795-8455 +Phone: 321-832-1450+Fax: 321-832-1489
Print Date:9/26/2022
CERTIFICATE OF COVERAGE ISSUED ON: 09/26/2022
COVERAGE PROVIDED BY:PREFERRED GOVERNMENTAL INSURANCE TRUST
PACKAGE AGREEMENT NUMBER: PK FL 1 0442900 22-07 COVERAGE PERIOD: 10/01/2022 TO 10/01/2023 12:01 AM
COVERAGES:This is to certify that the agreement below has been issued to the designated member for the coverage 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 coverage afforded by the
agreement described herein subject to all the terms,exclusions and conditions of such agreement.
Mail to:Certificate Holder Designated Member
Monroe County Board of County Commissioners,Monroe County Tourist City of Marathon
Development Council 9805 Overseas Highway
1201 White Street,Ste 102 Marathon,FL 33050
Kev West FL 33040
LIABILITY COVERAGE WORKERS'COMPENSATION COVERAGE
X Comprehensive General Liability,Bodily Injury,Property Damage WC AGREEMENT NUMBER:
and Personal Injury:
Limit $1,000,000 $0 Deductible
Selflnsured Workers'Compensation
X Employee Benefits Liability
Limit $1,000,000 $0 Deductible
X Employment Practices Liability Statutory Workers'Compensation
Limit $1,000,000 $0 Deductible Employers Liability
X Public Officials Liability $ Each Accident
Limit $1,000,000 $0 Deductible $ By Disease
Law Enforcement Liability $ Aggregate Disease
Limit Deductible
PROPERTY COVERAGE AUTOMOBILE COVERAGE
X Buildings&Personal Property X Automobile Liability
Limit:Per schedule on file with Trust $1,000 Deductible Limit $1,000,000 $0 Deductible
Note:See coverage agreement for wind,flood,and other deductibles. X All Owned
X Rented,Borrowed and Leased Equipment Specifically Described Autos
Limit:$ 38,119 TI V See Schedule for Deductible X Hired Autos
X Total All other Inland Marine X Non-Owned Autos
Limit:$ 1,928,891 TIV See Schedule for Deductible
X Automobile Physical Damage
CRIME COVERAGE X Comprehensive See Schedule for Deductible
X Employee Dishonesty X Collision See Schedule for Deductible
Limit $500,000 $1,000 Deductible X Hired Auto with limit of $100,000
X Forgery or Alteration
Limit $500,000 $1,000 Deductible Garage Keepers
X Theft Disappearance&Destruction Liability Limit
Limit $500,000 $1,000 Deductible Liability Deductible
X Computer Fraud Comprehensive Deductible
Limit $500,000 $1,000 Deductible Collision Deductible
NOTE:Additional Covered Party status is excluded for non-governmental entities. The most we will pay is further limited by the limitations set forth in Section
768.28(5),Florida Statutes(2010)or the equivalent limitations of successor law which are applicable at the time of loss.
Description of Operations/Locations/Vehicles/Special items-(This section completed by members agent,who bears complete responsibility and liability for its accuracy):
Certificate of Insurance issued with respect to the Sombrero and Coco Plum Beach Maintenance.
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 agreement above.
Administrator CANCELLATIONS
Public Risk Underwriters@ SHOULD ANY OF THE ABOVE DESCRIBED AGREEMENT BE CANCELLED BEFORE TFIE
P.O.Box 958455 EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH TFIE
Lake Mary,FL 32795-8455 COVERAGE AGREEMENT PROVISIONS.
Producer
Public Risk Insurance Advisors
300 North Beach Street,
Daytona Beach,FL 32114 AUTHORIZED REPRESENTATIVE
PGIT-CERT(1/19)PRINT FORM 09/26/2022
Print Date:9/26/2022
rred
09/26/2022
Monroe County Board of County Commissioners,Monroe County Tourist Development Council
1201 White Street,Ste 102
Key West , FL , 33040
Re: Coverage Agreement - rx V L>I U4429UU 22-U
City of Marathon
Effective Date: 10/01/2022 TO 10/01/2023
To Whom It May Concern:
Preferred Governmental Insurance Trust is unable to name non-governmental entities
as an additional covered party due to Florida Statute 768.28.
Non-governmental entities do not enjoy sovereign immunity protection under Florida
law. Coverage through the Preferred Governmental Insurance Trust is predicated upon
the concept of sovereign immunity among all its members. Accordingly, entities which
are not eligible for sovereign immunity protection under F.S. 768.28 may not be an
additional covered party under the Preferred coverage agreement.
We appreciate your understanding.
Margaret E. Gross, CPCU
Director of Underwriting
"IfAdditional Covered Party status was not requested on the attached certificate, the provisions in
this letter do not apply.**
Administered by PUBLIC RISK UNDERWRITERS
P.O. Box 958455 +Lake Mary, FL 32795-8455 +Phone: 321-832-1450+Fax: 321-832-1489
Print Date:9/26/2022