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10/30/1998 ~I~I-~ k~ Peat Marwick LLP ,j 12th Floor One Kaiser Plaza Oakland, CA 94612-3612 Telephone 510 465 4663 Telefax 5104654764 October 19. 1998 Mr. John Carter. Director ()ftice of Management and Budget County of Monroe 500 Whitehead Street Key West. Florida 33040 Subject: Engagement Letter to Provide FEMA Grant Management Assistance Dear Mr. Carter: Thank you for inviting KPMG Peat Marwick LLP to submit this engagement letter to provide FEMA grant management services related to Hurricane Georges, This letter describes our project approach and proposed compensation for services, Approach KPMG will provide the County with broad-based support services designed to maximize federal funding. expedite the process. and retain funds during the close-out audit. As illustrated in the adjoining figure. administrative disaster recovery requires a strategy that addresses three inter- related activities that occur during the response. recovery. and closeout phases of your ~Idministrative disaster recovery timeline, These activities involve: 5 0 \D "'Tl z)> co;= C ::u (') :i;: ,." fT1 Or--. n CJ · Expediting the administrative recovery process ~;-" -.:: . .." · Accounting for all disaster-related costs in support of federal funding obligati~ ~ ~ ~ ~;:u~ ~ :::0 KPMG can assist the County to develop and implement this strategy, Our appro~g!o <IS:iist ~ the County to respond in the short term to FEMA' s requirements. while helping ti QW.mr.;.ro ~ become organized and efficient in the medium through long term, . - CJ . Claiming all eligible costs Scope of Work III the follmving bullets we have listed the services we will provide to Monroe County. Mr. John Carter. Director ( 'ounty of Monroe October 19. 1998 Page :2 Grant Management Tasks: · Provide overall program management · (hganize and staff ad hoc steering committee · Develop Countywide flow process for determining and signing otf on grant/insurance funding source · Develop process for cost-recovery drawdown requests · Develop fund reconciliation recommendations · Develop payment tracking system · Develop and manage program schedule · Establish project filing systems · Develop and maintain a spreadsheet-based PW/DSR tracking approach · Prepare draft correspondence to State and FEMA for County signature · Document FEMA grant management procedures for eventual transition to County staff Eligibility Tasks: · Meet with State and FEMA inspectors as appropriate · Participate in site visits with the Federal-State inspection team · Review eligibility issues and advise the County in negotiations with FEMA. as needed · Provide guidance in the interpretation of codes and regulations in relation to eligible work · Recommend possible repair/replacement options for permanent work. including opportunities for mitigation and code upgrades · Based upon intormation provided by the divisions. prepare Project Worksheets for small and large projects · Review FEMA-generated Project Worksheets and recommend whether the County should concur or non-concur · Prepare all non-concurrence arguments/documents · Review disputes and provide recommendations to the County regarding course of action · Coordinate with Adjusters International on insurance · Explore opportunities and apply as appropriate tor 404/406 mitigation funding · Coordinate where appropriate with consulting engineers · Prepare correspondence as necessary · Address issues related to inter-agency funding conflicts Allowability Tasks: · Develop Countywide approach to filing and tracking costs · Review documentation prepared to date by departments · Reconcile solid waste invoices to County records · Assist in capturing and summarizing eligible costs for selected departments KPMG Natural Disaster Advisory Services Mr. John Carter. Director County of Monroe October 19. 1998 Page 3 · Develop "audit maps" for each department explaining the audit trail for use by auditors during close outs. Engagement Management Tasks: · Prepare program management plan Prepare Flash Reports · Attend status meetings · Prepare invoices and supporting documentation Optional Services lJ pon completion of the services described in this letter. the County may wish to retain KPMG to assist with some or all of the following services: · Appeal assistance: In the event the County disagrees with FEMA determinations. assist the County to strategize and write appeals, · Closeout audit assistance: When the County has completed all projects and drawn down reimbursement for all eligible costs, assist the County with finalizing preparations for State/FEMA tinal inspections and audits. and participate in exit conferences with State/FEMA · Predisaster planning: Assist the County with processes and procedures for administrative disaster response in the event of another disaster. Insurance Management Services (Adjusters International) Adjusters International (AI) would act as a subcontractor to KPMG, AI's Tampa. Florida. professionals serve as their client's advocate. developing claim strategies, assessing and documenting damages. and preparing and settling claims, Its teamwork approach with the client throughout the entire claims process provides quicker identification of potential problems and prompt implementation of solutions. AI's goal is a smooth transition from disaster to recovery hy providing guidance and expeliise in order to obtain the best possible settlement Overview of AI's Services. AI's professionals. including building estimators. contents appraisers. and adjusters. provide the following services: A) Analyze and review all the insurance policy coverages to determine the strong points and potential nebulous or gray areas of coverages to determine a strategy, B) View the loss location with your department heads and maintenance staff to determine what emergency measures have been taken so far. develop Sh0l1 and long term strategies for logistical issues. and determine how extensive the losses are, KPMG.. Natural Disaster Advisory Services :vir. John Carter. Director ( 'ounty of Monroe October 19. 1998 Page 4 C) Meet with the insurance company representatives to discuss mutual goals. issues of coverages. advances made to the County for ongoing expenses and emergency funds. and to set proper reserves for the home office of the insurance company, D) Meet with all of the insurance company's "experts," to determine the scope of repairs necessary to bring the facilities back to complete restoration, Our objective is to int1uence the insurance company's "experts" to view the loss from the same perspective that we do. and find any areas of disagreement or concern, before they become a part of their report. This is essential to a successful loss adjustment, since the insurance company will rely heavily on their "experts" opinions on every segment of the claim. E) Have our in-house estimators work closely with your engineers to develop appropriate specifications for the complete restoration of the facilities. This would require a team effort to not only develop the specifications necessary to restore the facilities. but also the unit pricing, F) \-lave our in-house inventory specialists complete a physical listing of all business personal property that have been affected, setting replacement and/or restoration costs, G) Develop a system to monitor and track all extra expenses, II) Develop various "models" for business income losses to determine the best approach for projecting lost revenues and the period of indemnity for each (if applicable). I) Develop a thorough and comprehensive claim package that is standard in the industry_ .I) Strategize and develop adjustment techniques that will reflect the position and attitudes of the County. and ensure an adjustment process that will be non-controntational. yet assertive, K) Present any and all claim packages to you prior to their being submitted to the insurance company to make sure that we are all in complete agreement as to the accuracy of our specitications and pricing for each category of the loss. L) Be present at any and all meetings with the insurance company adjuster. and/or their "l~xperts" on every occasion to ensure that their concerns or opinions are more in line with our Vle\\!. M) Present to you any and all otfers, compromises, or settlement options. along with our recommendations so that the County is able to make a prudent decision relative to resolving the issues, No settlements can be made by Adjusters International: everything must be approved by the County. KPMG Natural Disaster Advisory Services Mr. John Carter, Director County of Monroe October 19, 1998 Page 5 ~.,.ItJ I: !'vi) Present to you any and all offers, compromises, or settlement options, along with our recommendations so that the County is able to make a prudent decision relative to resolving the issues. No settlements can be made by Adjusters International; everything must be approved by the County, N) Meet with you as often as necessary to keep everyone current 0) Coordinate with KPMG with regard to the FEMA claim. Staffing James Stone will act as program manager. Mr. Stone will be assisted by other senior KPMG Natural Disaster Advisory Services staff as required, including Hans Gude, Tracey Fraser, Jeff Shaw, and Bonnie Carlson ofKPMG's Natural Disaster Advisory Services practice will be available as necessary. We anticipate that two full-time staff assistants will be involved. Mike Kulig will be the acting partner for this engagement Compensation and Schedule KPMG's compensation will be a function of the level of effort provided to the County, We have estimated that we will need to provide between 1,051 and 1,276 hours of services over a period of approximately three months. The following table presents our anticipated level of service by team participant for this engagement Rate Range of Hrs. Mike Kulig, Partner $265 6-8 Hans Gude, Practice Manager $200 132-156 Jim Stone, Program Manager $175 258-312 Jeff Shaw, FEMA Specialist $155 32-40 Bonnie Carlson, FEMA Specialist $155 32-40 Consultant $120 75-96 Staff Support (2 people) $75 258-312 Administrative Recovery Fee* $7.65 1,051-1,276 *Per-hour charge to cover administrative overhead Given this anticipated level of effort, we expect that our fees will fall in the range of approximately $140,000 to $170,000, including professional fees and an administrative rate of $7.65/hour. lhis range does not include out-(?!:'pocket expenses or thefeesfor Adjusters International Expense reimbursement will include lodging, car rental, meals and incidentals and will be in keeping with Florida statute 112.061, and will not exceed $30,000, k}m Natural Disaster Advisory Services :\1r. John Carter. Director County of Monroe October 19. 1998 Page 6 I,-PMG will not exceed $200.000 in fees and expenses without prior written authorization hom the County, KPMG will provide at least bi-weekly progress reports ("Flash Reports"') to the County, These reports will serve as the support for bi-weekly progress invoicing. KPMG will invoice the County for services performed based on hours provided and the rates presented above, In the event the County feels that professional services are no longer necessary to accomplish their recovery goals. arrangements will be made to close-out the engagement and only professional fees and expenses recorded to that date will be invoiced, This agreement would then be amended to reflect the changes in scope and deliverables, Owing to the nature of federal funding. KPMG can make no guarantees concerning the amount of funding the County will receive from the Federal Emergency Management Agency. Adjusters International Compensation. AI is prepared to begin work immediately. and will work expeditiously to meet the objectives of this engagement. AI's fees will be determined on a contingency-fee basis for the professional insurance assistance provided. as follows: · F or property damage. personal property, and business interruption and extra expense claims. AI's fee is: 7% of the first $300.000 received; 8,5% of the next $300.000 received; 10% of any incremental amount above $600.000 received, This fee includes all expenses incurred by AI to prepare and present the claim, AI's fees are due when the County receives the insurance proceeds, With regard to the insurance claim and AI's work under this engagement. if legal proceedings are undertaken at a future date. AI's fees do not include legal expenses, Schedule. KPMG and Adjusters International will begin work on Thursday. October 22. [998, which is the effective date of this agreement. We anticipate that the majority of the tasks covered under this letter would be completed by the end of the calendar year. Therefore. the period of performance will be through December 31. 1998, County Responsibilities To assist us in completing the work tasks in this engagement. the County will need to assemble and provide the following information and resources: · A central contact person · A County organization chart. together with a list of names. roles. and phone numbers of personnel involved in FEMA grant management · Access to all relevant disaster-related files · Access to Project Worksheets/DSRs, including support documents and correspondence KPMG Natural Disaster Advisory Services Mr. John Carter. Director County of Monroe October 19. 1998 Page 7 · Access to knowledgeable individuals who can answer questions and assist in obtaining additional information. including engineering staff. finance. accounting staff. and grant management staff · An updated summary list of PWs/DSRs by disaster. including location. category. eligible cost estimate. actual cost of work completed to date. and status · Copies of insurance policies related to previous disasters · Information related to previous audits. including Single Audit · Provide available written explanations of how the County calculates its fringe benetit and indirect cost rate · Sample contracts with contractors and engineering consultants . Sample cost summaries · Sample source documents related to PWs/DSRs; specifically. time cards. equipment logs. purchase orders. material requisitions. consultant invoices. contractor invoices · Written grant management guidelines. if any; specifically. FEMA guidelines . Written procurement guidelines · A work area. such as a conference room. including access to phone. fax. and copier We very much appreciate the opportunity to assist Monroe County with its administrative disaster recovery. Ifthis letter is acceptable to you. please sign and return one original-signed copy to Hans Gude at the address given above. His telephone number is (510) 419-1277 and his fax number is (510) 465-4764. Very truly yours. KPlvIc; Peat Marwick LLP Adjusters International a~~.' C/O' 7; ~v"-pL ~~;z .~ John Marini (!jj Director of Sales and Marketing ~1ir Partner AGREED TO AND APPROVED BY THE COUNTY OF MONROE. FLORIDA S igllature Name Title Date KPMG Natural Disaster Advisory Services Mr. John Carter. Director County of Monroe October 19. 1998 Page 7 · Access to knowledgeable individuals who can answer questions and assist in obtaining additional information, including engineering staff, finance, accounting staff, and grant management staff · An updated summary list of PWs/DSRs by disaster, including location, category, eligible cost estimate, actual cost of work completed to date, and status · Copies of insurance policies related to previous disasters · I nfonnation related to previous audits, including Single Audit · Provide available written explanations of how the County calculates its fringe benefit and indirect cost rate · Sample contracts with contractors and engineering consultants · Sample cost summaries · Sample source documents related to PWs/DSRs; specifically, time cards, equipment logs, purchase orders, material requisitions, consultant invoices, contractor invoices · Written grant management guidelines, if any; specifically, FEMA guidelines · Written procurement guidelines · A work area, such as a conference room, including access to phone, fax, and copier We very much appreciate the opportunity to assist Monroe County with its administrative disaster recovery. If this letter is acceptable to you. please sign and return one original-signed copy to Hans Gude at the address given above. His telephone number is (510) 419-1277 and his fax number is (510) 465-4764, Very truly yours, KP ]vfG Peat Marwick LLP Adjusters International ~1ifY Partner a4~' c/v ~p ~p'-pL ~p~ John Marini & Director of Sales and Marketing Date ;1/1 It l..( ~ R- /?i!3tJ/9V I / qg "1/ -1,t 10' Title (SEAL) ATIEST: DAN~';Y L. I<OLHAGE CLERK KPMG Natural Disaster Advisory Services BY ,~~. PUBLIC ENTITY CRIME STATEMENT "A person or alTiliate \vho has been placed on the convicted vendor list following a conviction for publ ic entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a publ ic entity tor the construction or repair of a public building or public work, may not submit bids on leases of real propel1y to public entity, may not be awarded or perform work as a contractor, slIppl ier, subcontractor, or consultant under a contract with any public entity, and may not transact business \vith any public entity in excess of the threshold amount provided in Section 287,0] 7, for CA TEGOR Y T\\lO for a period of 36 months from the date of being placed on the convicted vendor list." SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY. FLORIDA ETHICS CLAUSE I(PM~ ?~/lr j(,IP-/Ztv/CI.? C. ,-r I warrants that he/it has not employed. retained or otherwise had act on his/its behalf any ft1rll1er 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 this provision the County lIlay. in its discretion. terminate this contract without liability and lIlay also. in its discretion, ded uct from the contract or purchase price, or otherwise recover, the fu II amount of any fce. commission, percentage, gift. or consideration paid to the former County officer or employee. Date: /I/~;- /9~ I . STATEOF ~Lif'(~ COUNTY OF S \\OO.J'INYi\* 0 PERSONALLY APPEARED BEFORE ME, the undersigned authority, "'\\~r ~~\)~ ~, ~ v\ I ~ who, after first being sworn by me. affixe~ ""tS- signature (name of individual signing) in the space provided above on this '25 day of ~J~~~ , 19<:\ ~ ~S~ NOTARY P HLlC My commission expires: ~ ... ... ~ ... ... ... ;N: ;FT~ ... '-'1 @""commlssion#1076319j ~.,,; Notary Public - California _ ~ . Sacramento colA'rtV , . My COOlnl, Expires oct 29.1999 OMI3 - MCP FORM #4 NON-COLLUSION AFFIDAVIT I, ,u{~-II.!f.eZ 1-. ~UL.-/~ of the etty Fld~ of IC-?u~ reA ( PA/2tbiC(~ / tt.~cording to law on my oath, and under penalty of perjury, depose and say that; 1) I am ,4 ?/I/2rw~~ tvlr# ILi?~ ~ , the bidder making the Proposal for the project described as follows: Fe--.u ~ @d4A/r PA/VA-'e:-MI:?A/T As. 7{~'fA/1/C€ I PA iG"J> NII/?/ttld' 2) The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5) The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. STATEOF~{~ .. v COUNTYOF~~O~O ~~. ignature ot Bidde I II/~S'- /?t3 I ' DATE PERSONALLY APPEARED BEFORE ME, the undersigned authority, \ individual signing) affixed i who, after first being sworn by me, (name of ignature in the space provided above on this '7.5 day of \) ~ GIn') Q.su-... ,19Gt-S . ~ s. \\otf' NOTARY PUB C - My commission expires: OMB - MCP FORM #1 t-...........-.-._.....-.~...-.-.l ;~'.i;.. ANN S. HAFTER -. Commission #1076319 ;; ~ . -,,; Notary Public - California S J Sacramento ColWy i ' My COOlm, ExpIres Oct 29. 1999 ~---........---.......---..-..------_........ DRUG-FREE WORKPLACE FORM rhe undersigned vendor in accordance with Florida Statute 287,087 herehv certifies that: P~/I--r ~,4/2 WIC-!C / L- t;P /C f?.u~ (Namc of Business) I, Publish a statcment notit~'ing cmployecs that the unlawful manul;lcture, distribution, dispensing. possession. or use of a controlled substance is prohibited in the workplace and specifying the actions that will he taken against employees for violations of such prohibition, 2. Inftmn employees about the dangers of drug abuse in the workplace. the business's policy of maintaining a drug-fi'ee workplace. any available drug counseling, rehabilitation, and employee assistance programs. and the penalties that may be imposed upon employees for drug abuse violations. 3, Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (I). 4. In the statement specified in subsection (I), notifY the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5, Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certifY that this fiml complies fully with the above req u i rem en ts. 's SIgnature 11/-Zt"/fB Date / { I~~ OMB - MCPII5 1996 Edition RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL General Insurance Requirements for Other Contractors and Subcontractors As a pre-requisite of the work governed, or the goods supplied under this contract (including the pre-staging of personnel and material), 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. The Contractor will not be permitted to commence work governed by this contract (including pre-staging of personnel and material) 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. 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 ofthe Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. Administration Instruction #4709.2 14 1996 Edition The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation, Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. Administration Instruction . #4709.2 15 1996 Edition INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND 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: $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 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. GL2 Administration Instruction #4709.2 55 1996 Edition PROFESSIONAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract involves the furnishing of advice 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 ofliability shall be: $500,000 per Occurrence/$l,OOO,OOO Aggregate PR02 Administration Instruction . #4709.2 78 1996 Edition VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND 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: $1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 500,000 per Person $1,000,000 per Occurrence $ 100,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. VL3 Administration Instruction #4709.2 83 1996 Edition WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $500,000 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 ofInsurance, 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, WC2 Administration Instruction #4709.2 89 1996 Edition MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL Indemnification and Hold Harmless for Other Contractors and Subcontractors The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of The Contractor or its Subcontractors in any tier, their employees, or agents, In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10,00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. TCS Administration Instruction #4709.2 97 AON Wf.IVER: Aon Global Professional Services VERIFICATION OF INSURANCE We, the undersigned Insurance Brokers, hereby verify that Park Indemnity Limited has issued the following described insurance which is in force as of the date hereof:- PROFESSIONAL INDEMNITY INSURANCE NAME OF ASSURED: KPMG PEAT MARWICK LLP POLICY NO. INSURERS PERIOD 9624 586 Park Indemnity Limited 12:01 a.m. June 1st, 1998 to 12:01 a,m. June 1st, 1999 LIMIT: US$I,OOO,OOO (an annual aggregate) CANCELLATION: This policy is non-cancellable during the period shown, Subject to the terms, conditions, exclusions and limitations of the Policy and coinsurance by the Assured for percentages of the limit not insured. This document is furnished as a matter of information only, The issuance ofthis document does not make the person or organization to whom it is issued an additional Assured, nor does it modify in any manner the contract of insurance between the Assured and Park Indemnity Limited. Any amendment, change or extension of such contract can only be effected by specific endorsement attached hereto, ISSUED TO: Monroe County 5100 College Road Public Services Building-Room 211 Key West, Florida U.S.A 33040 Attention: Mr. John Carter ISSUED AT: Montreal, Quebec Per: ~ \0 A ~ () ~ -. Divis~E:e1tive Director DATE: November 20th, 1998 J:'lKPMGlCORR\VOFI\99VOFI\99KPV094.DOC,2 Mmet lnc. 18(H McGill College Ave. . Suite 700 . Montreal, Que., Canada H3A 2N4 . tel: (514) 288-2273 . fax: (514) 982- 5175 IN CONSIDERATION OF THE PREMIUMS CHARGED FOR THE INSURANCE POLICIES SHOWN IN THIS CERTIFICATE, THIS CERTIFICATE OF INSURANCE IS ISSUED TO THE CERTIFICATE HOLDER SHOWN BELOW. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW EXCEPT AS SHOWN BELOW. 99316 VERAGE Square North 10 Columbus Boulevard Hartford, CT 06106 COMPANY LETTER A EMPLOYERS INSURANCE OF WAUSAU COMPANY LETTER B COMPANY LETTER C ......:~...t:,:.:~._... KPMG Peat Marwick LLP Three Chestnut Ridge Road Montvale, NJ 07645-0435 THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING MY 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 A 4839-02-000109 7/1/98 7/1199 $2,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 Statuto Limits $500,000 $1,000,000 $500,000 A WORKERS COMPENSATION AND EMPLOYERS LIABILITY OR,WI 4819-02-000109 7/1198 7/1/99 AlO States 4819-00-000109 AUTOMOBILE LIABILITY A X OWNED Each Accident X NON-OWNED 4839-00-000109 7/1/98 7/1199 - B,1. and P'o, Combined X HIRED $1,000,000 The Monroe County Board of County Commissioners is named as additional insured on above liability policies, Monroe County 5100 College Road Public Services Building Room 211 Key West, FL 33040 Atln: John Carter SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. /s/ S. Ronald G~lin Sedgwick James Form 006B-3-96 Date Issued: 20-Nov-98 '::-mVE~~F, ~!r,r,F'l uY~ f1~TE llJAcfL q i V,I'~''':F~.. ~. ~ /y n ,~...,. _,~ YES AON Aon Global Profenional SflTire.' VERIFICATION OF INSURANCE We, the undersigned Insurance Brokers, hereby verify that Park Indemnity Limited has issued the following described insurance which is in force as of the date hereof:- PROFESSIONAL INDEMNITY INSURANCE NAME OF ASSURED: KPMG PEAT MARWICK LLP POLICY NO. INSURERS PERIOD 9624586 Park Indemnity Limited 12:01 a,m. June 1st, 1998 to 12:01 a.m. June 1st, 1999 LIMIT: US$I,OOO,OOO (an annual aggregate) CANCELLATION: This policy is non-cancellable during the period shown. Subject to the terms, conditions, exclusions and limitations of the Policy and coinsurance by the Assured for percentages of the limit not insured. This document is furnished as a matter of information only, The issuance of this document does not make the person or organization to whom it is issued an additional Assured, nor does it modify in any manner the contract of insurance between the Assured and Park Indemnity Limited. Any amendment, change or extension of such contract can only be effected by specific endorsement attached hereto, ISSUED TO: Monroe County 5100 College Road Public Services Building-Room 211 Key West, Florida U.S,A 33040 Attention: Me John Carter ISSUED AT: Montreal, Quebec Per: ~/ U ,~--,{ . , " l" DIVISIOn 1 ExecutIve DIrector DATE: November 20th, 1998 J.\KPMGICORR\ YOFl\99YOFl\99KPY094. DOC 2 \Jnh/ fl/(. ] SOl "kGill Colln.:~ :hc', . Suire -00. i\fomrea!, QUl".. Cll1ada H1A ~N-! . reI: I) 1 t) ,:SS-~,:~1 . ['IX: ()] I) 9S2-' 1-'