Item D07 D.7
County f � .�� ",�, 1 BOARD OF COUNTY COMMISSIONERS
Mayor Craig Cates,District 1
Mayor Pro Tem Holly Merrill Raschein,District 5
The Florida Keys
Michelle Lincoln,District 2
James K.Scholl,District 3
David Rice,District 4
County Commission Meeting
April 19, 2023
Agenda Item Number: D.7
Agenda Item Summary #11905
BULK ITEM: Yes DEPARTMENT: Tourist Development Council
TIME APPROXIMATE: STAFF CONTACT: Ammie Machan (305) 296-1552
N/A
AGENDA ITEM WORDING: Approval of an Amendment to extend Agreement with Village of
Islamorada for Beach Cleaning services until September 30, 2026.
ITEM BACKGROUND: The current Agreement with the Village of Islamorada for Beach
Cleaning expires on September 30, 2023. Within the Agreement is an option to extend the
Agreement for one additional three-year period. See attached request from Village of Islamorada to
exercise the option to extend the Beach Cleaning services Agreement for three years to September
30, 2026.
DAC IV approved at their meeting of February 28, 2023
TDC approved same at their meeting of March 28, 2023
PREVIOUS RELEVANT BOCC ACTION: BOCC approved original Agreement at their meeting
of February 17, 2021
CONTRACT/AGREEMENT CHANGES:
Amendment to Extend Agreement
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Village of Islamorada Beach Cleaning Request, Amendment and Original Agreement
FINANCIAL IMPACT:
Effective Date: October 1, 2020
Expiration Date: September 30, 2026
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D.7
Total Dollar Value of Contract: $297,00
Total Cost to County: No Cost to County
Current Year Portion: $99,000
Budgeted: Yes
Source of Funds: TDC
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant:
County Match:
Insurance Required: Yes —Insurance to be provided after BOCC approval
Additional Details: Line Item Number 120-70040
REVIEWED BY:
Maxine Pacini Completed 03/23/2023 1:30 PM
Christine Limbert Completed 03/24/2023 4:59 PM
Purchasing Completed 03/27/2023 8:01 AM
Budget and Finance Completed 03/27/2023 2:47 PM
Brian Bradley Completed 03/27/2023 3:54 PM
Lindsey Ballard Completed 03/28/2023 3:56 PM
Board of County Commissioners Pending 04/19/2023 9:00 AM
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D.7.a
Ts amorada
Tit't ge of IsCands
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January 10, 2023
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District IV Advisory Committee
Tourist Development Council
1201 White Street, Suite 102 0
Key West, FL 33040
Re: Request to extend Contract ID#2500 for an additional three-year period
Dear District IV Advisory Committee Members,
Islamorada, Village of Islands (the "Village"), wishes to extend The Grant Award Agreement with
Monroe County to continue funding for the Islamorada Beach and Beach Park Facility Cleaning
project. Section 1 of the Grant Award Agreement between the County and the Village dated
February 17, 2021, provides for an initial Grant Agreement Period of October 1, 2020 through
September 30, 2023 with one option to extend for an additional three-year period. The Village
requests extension through September 30, 2026.
The Village appreciates the support of Monroe County and the Tourist Development Council for E
the cleaning and maintenance of beaches and beach facilities in Islamorada to benefit tourism
and the community as a whole. Fiscal year expenditures for materials and services are well in
excess of the $99,000.000 per year reimbursement through the grant and the financial support is
meaningful.
The Village Council accepted the Grant Agreement through the adoption of Resolution 21-01-
02. The Resolution also authorizes me, as Village Manager, to sign any extensions to the Grant
Agreement.
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We appreciate your consideration of the extension to continue the funding for the Islamorada
Beach and Beach Park Facility Cleaning and can be available to participate in the DAC IV
meeting during which the request will be considered. If additional information is required,
please contact Procurement and Grants Administrator Mary Swaney at 305-664-6453 or
mary.swaney@islamorada.fl.us.
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Very truly yours, 0
TeAYas,
Village Manager
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Enclosure: Resolution 21-01-02
86800 Overseas Highway, Islamorada, FL 33036
Office 305-664-6400 ® FAX 305-664-6464 ® www.islamorada.fl.us
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D.7.a
AMENDMENT (1st AMENDMENT) TO AGREEMENT
THIS AMENDMENT to Agreement dated this day of 2023, is entered into by and n
between the Board of County Commissioners for Monroe County, on behalf of the Tourist
Development Council, and Islamorada, Village of Islands a Government agency organized and U
operating under the laws of the state of Florida (Grantee).
WHEREAS, there was an Agreement entered into on February 17, 2021 between the parties, cu
awarding $99,000 per fiscal year to Grantee for the Village of Islamorada Beach and Beach Park 12
Facility Cleaning ("Agreement"); and
WHEREAS, within the Agreement is the option to extend the Agreement for one additional 0
three-year period, and
WHEREAS, the parties wish to exercise the option to extend the Agreement for one additional
three-year period, and
NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties
agree to the amend Agreement as follows:
1. Paragraph 1 of the agreement shall be revised to read as follows: This Agreement is for "
the period of September 30, 2020 to September 30, 2026. This Agreement shall remain in effect for
the stated period unless one party gives to the other written notification of termination pursuant to and aO
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in compliance with paragraphs 7, 12 or 13 of the original Agreement dated February 17, 2021.
2. Any references to termination date and submission of invoices shall be revised to read E
September 30, 2026.
3. The remaining provisions of the Agreement dated February 17, 2021 shall remain in full
force and effect.
REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
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Amendment#1
Village of Islamorada—Beach Cleaning
ID#2500
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IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first
above written.
(SEAL) Board of County Commissioners
Attest: Kevin Madok, Clerk of Monroe County
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As Deputy Clerk Mayor/Chairman
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MONROE COUNTY ATTORNEY .0
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CHRISTBNELIMBERTI-BARROWS 4)
ASSISTANT COUNTY ATTORNEY
DATE 3,122123______
Isla or , Village of Islands
Attest:
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By
City Clerk May
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Print Name Print Name
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Amendment#1
Village of Islamorada-Beach Cleaning
lD#2500
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D.7.a
Grant Award Agreement
THIS AGREEMENT (agreement) is entered into this 17th day of
February 2021 by and between MONROE COUNTY (County or Grantor), a political
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subdivision of the State of Florida and Islamorada, Village of Islands (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 5
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 n
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 IV for funding for the
Village of Islamorada Beach and Beach Park Facility 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,
2020 through September 30, 2023 with one option to extend for an additional three-year
period. 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. 0
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.
Village of Islamorada Beach Cleaning
FY 2021 Capital Project Funding
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D.7.a
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
Monroe County no later 10 business days after the end of the fiscal year (September 30) U
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 0
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 5
performed. This Project Manager shall be Ana Hernandez (Telephone: (305) 664-
6453; Email: ana.hernanezislamoraa.fl.us;clerkislamoraa.fl.us). Should
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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 E
procurement regulations and policies to which it is subject, and shall provide
Grantor documentation of the procurement requirements applicable to the E
project and compliance therewith.
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3. AMOUNT OF AGREEMENT AND PAYMENT. The Grantor shall provide an
amount not to exceed $99,000 (Ninety-Nine Thousand Dollars District IV funding) 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 U
request will be submitted quarterly in an amount not to exceed $99,000 each Fiscal Year.
Grantee's payment request must include supporting documentation acceptable to the
Clank's financial department. Acceptability to the Clank is eased can generally accepted �
accounting principles and such laws; rules; and regulations as may govern the Clank's
disbursal of fiends. 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. If
option to extend agreement is exercised by County and Grantee, for one additional (two, 0
three or five) year period, compensation for the additional term may be negotiated prior to 0,
the approval of extension. 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 E
outlined in the Scope of Services and Exhibit A. Payment for expenditures
permissible by law and County policies shall be made through reimbursement to
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FY 2021 Capital Project Funding
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D.7.a
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 U
statement signed by an officer of the organization and notarized, declaring that
representations in the invoice are true and factual.
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 0
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 5
decision shall be final.
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b.) 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.
c.) 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 E
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. E
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:
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(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 0
which tourist development taxes may be used pursuant to Florida Statute 0,
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
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FY 2021 Capital Project Funding
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D.7.a
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 U
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.
(iii) The Grantee is responsible for the implementation of adequate
maintenance procedures to keep the real and personal property in good
operating condition.
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(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 5
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 U
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.
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FY 2021 Capital Project Funding
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D.7.a
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 U
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.
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. 5
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 U
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 0
agreement is available at least in part through the County and that violation of this 0,
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
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FY 2021 Capital Project Funding
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D.7.a
(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 U
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
agreement, and will cooperate with the County in the investigation arising as a
result of any suit, action or claim related to this agreement. 0
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 5
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. E
The contractor, the County and the TDC shall be named as additional insured on E
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.
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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.
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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 0
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, E
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
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D.7.a
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 U
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
and the acquisition of any commercial liability insurance coverage, self-insurance 0
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, 5
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 E
Agreement automatically terminates without any further action on the part of any party,
effective the date of the court order. County or Grantee agree to comply with all Federal E
and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination.
These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352)
which prohibits discrimination 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) U
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 E
orientation, gender identity or expression, familial status or age; 11) any other
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D.7.a
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 U
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 0
the agreement price or consideration, the full amount of such commission, percentage
brokerage or contingent fee.
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12. TERMINATION. This agreement shall terminate on September 30, 2023.
Termination prior thereto shall occur whenever funds cannot be obtained or cannot be 5
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 E
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 E
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.
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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 0
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 E
instituted for the enforcement or interpretation of this agreement, the County and
Village of Islamorada Beach Cleaning
FY 2021 Capital Project Funding
Contract ID#2500 Packet Pg. 1149
8
D.7.a
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 U
(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 0
law unless the enforcement of the remaining terms, covenants, conditions and
provisions of this agreement would prevent the accomplishment of the original intent
of this agreement. The County and 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. 5
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 U
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.
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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 E
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
Village of Islamorada Beach Cleaning
FY 2021 Capital Project Funding
Contract ID#2500 Packet Pg. 1150
9
D.7.a
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 U
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. 0
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. 5
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 E
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 E
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.
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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.
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19. LICENSING AND PERMITS: Grantee warrants that it shall have, prior to 0,
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 E
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
Village of Islamorada Beach Cleaning
FY 2021 Capital Project Funding
Contract ID#2500 Packet Pg. 1151
10
D.7.a
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 U
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.
0
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 Maria Slavik at (305) 295-3178 for
details (Certificates can be e-mailed directly from the insurance agency
to: Slavik- arias onroeCounty-FL.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)
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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 M
mailed to: -
Monroe County Board of County Commissioners
c/o Risk Management
P.O. Box 1026
Key West, FL 33041
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Village of Islamorada Beach Cleaning
FY 2021 Capital Project Funding
Contract ID#2500 Packet Pg. 1152
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D.7.a
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:
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For Grantee: Ana Hernandez
Islamorada, Village of Islands
86800 Overseas Highway, 3rd Floor
Islamorada, FL 33036
For Grantor: Maxine Pacini
Monroe County Tourist Development Council
1201 White Street, Suite 102
Key West, FL 33040 5
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. E
23. NON-DELEGATION OF CONSTITUTIONAL OR STATUTORY DUTIES. This E
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. U
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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, 0
have entitlements or benefits under this agreement separate and apart, inferior to, or 0,
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 E
Drug-Free Workplace Statement.
Village of Islamorada Beach Cleaning
FY 2021 Capital Project Funding
Contract ID#2500 Packet Pg. 1153
12
D.7.a
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 U
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 0
and which the Grantee has exercised reasonable care in the prevention thereof. However,
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 5
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.
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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 E
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.
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Village of Islamorada Beach Cleaning
FY 2021 Capital Project Funding
Contract ID#2500 Packet Pg. 1154
13
SS WHEREOF, the parties hereto have caused this agreement to be executed
a year first above written. U
Board of County Commissioners
Madok, Clerk of Monroe G
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As Deputy Clerk Mayor/Chairman MONROE COUNTY ATTORNEY A
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CHRISiINELIMBEiR -BARROWS
ASSISTANT COUNTY ATTORNEY
DATE 11?&?
.................................................................... .................................................. >
Islamorada, Village of Islands
Attest: E
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VillagevClerk May
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Dh B. piroe-r
Print Ngme Print Name E
Date: Date: '21 E
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Village of Islarnorsda Beach Cleaning
FY 2021 Capital Project Funding
Contract 113#2500
14
Packet Pg. 1155
D.7.a
EXHIBIT A
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Property Name Type of Work
1. Sea Oats Beach - Manual garbage/trash/litter collection, replace liners
00
- Plaque Maintenance
2. Lignumvitae Key - Manual garbage/trash/litter collection, replace liners
Fill -Plaque Maintenance
- Landscape Maintenance 2
A
3. Indian Key Fill - Manual garbage/trash/litter collection, replace liners
-Plaque Maintenance
- Landscape Maintenance
4. Tea Table Relief Fill - Manual garbage/trash/litter collection, replace liners
-Plaque Maintenance
- Landscape Maintenance E
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5. Library Beach - Manual garbage/trash/litter collection, replace liners 0
- Janitorial services
- Building Maintenance/plumbing services
- Sign repair
- Beach seaweed raking 0
- Landscape Maintenance
- Playground Equipment Maintenance
6. Anne's Beach - Manual garbage/trash/litter collection, replace liners
- Janitorial services
- Building Maintenance/plumbing services
- Sign repair
- Boardwalk Maintenance
- Beach seaweed raking
- Landscape Maintenance
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D.7.a
EXHIBIT B
Invoice
For Beach Cleaning Services, in full accordance with the contract effective October 1,
2020 between Monroe County Board of County Commissioners (COUNTY) and Village of
Islamorada (Grantee)
The COUNTY shall pay the Grantee for services rendered in the amount of $99,000 per
FY year.
A
The Grantee certifies that all services and provisions specified within the contract as listed 0
in Exhibit A have been met for the period from 20 to
,20
The Grantee requests payment of$ made payable to the Grantee
Print Name Title
Signature Title
Sworn and subscribed before me on this day of 20
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Notary
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Personally know or Produced Identification
Type of Identification Produced
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Project Name
FY 2019 Capital Project Funding- Beach Cleaning
Contract ID# Packet Pg. 1157
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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 M
have him/her sign it in the place provided. It is also required that the bidder sign the requisite form
reflecting coverage and submit it with the proposal. -
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
Workers' Compensation Statutory Limits �y
Bodily Injury by Accident/Bodil
Y
Injury by Disease, policy limits/Bodily
Injury by Disease
each employee
WCI Employers Liability $100,000/$500,000%S100,000
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WC2 Employers Liability $500,000/$500,000.$500,000
WC3 Employers Liability $1,000,000/$1,000,000$1,000,000 E
WCIISLH US Longshoremen & $1,000,000
Harbor Workers Act
WCJ A Federal Jones Act $1,000,000 �y
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Monroe County Tourist Development Council FY 2021 Capital Project Application Packet Pg. 1159
94
D.7.a
2018 Edilion
GENERAL LIABILITY
As a minimum,the required general liability coverages will include: U
• Premises Operations Products and Completed Operations
• Blanket Contractual Personal Injury
Required Limits:
0
GLI $300,000 Combined Single Limit
+G1,2 x $500,000 C¢Jnibiii d Single 1,iiii it
GL3 $1,000,000 Combined Single Limit
GL4 $2,000,000 Combined Single Limit ,
GLS $3,000,000 Combined Single Limit
GL6 $4,000,000 Combined Single Limit �s
GL7 $5,000,000 Combined Single Limit
Required Endorsement:
GLLIQ Liquor Liability
GLS Security Services
All endorsements arc required to have the same limits as the basic policy
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Monroe County Tourist Development Council FY 2021 Capital Project Application Packet P 1160
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2018 Edition
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USS1 AU-l:QLM QLIILE IJAB ,rr
As a minimum, coverage should extend to liability for: Owned; Non-owned; U
and Hired Vehicles
Required Limits:
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VL1 $50,000 per Person:$100,000 per Occurrence
$25,000 Property Damage
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Or
$100,000 Combined Single Limit 0
(The use of VLI should be limited to special projects that involve other
governmental entities or"Not for Profit'organizations. Risk Management
must approve the use of this form). >
VL2 $2100„000 per I''ersotl,$300 0)0 per Occurrent
$200,000 Property Damage E
$300,000 t'ombitie.d 4inole I-Jini1
VL3 $500,000 per Person; $1,000,000 per Occurrence
$100,000 Property Damage
or
$1,000,000 Combined Single Limit
VL4 $5,000,000 Combined Single Limit
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M1S;,,l1 l..LANEQJJS COV1-RAQ
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BRl Builders' Limits equal to the
Risk Full Replacement Value of the completed
project.
CLI Cyber Liability $1,000,000
MVC
Motor Truck Limits equal to the maximum °E
Cargo value of any one shipment.
PRO C U
PR02 Professional $ 300,000 per Occurrence$ 500,000 Agg.
PR03 Liability $ 500,000 per Occurrence/$1,000,000 Agg.
$1,000,000 per Occurrencei$2,000,000 Agg.
POLL
POL2 Pollution $ 500,000 per Occurrence`$(,000,000 Agg.
POL3 Liability $1,000,000 per Occurrence$2,000,000 Agg. 0
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POLO $3,000,000 per Occurrence$6,000,000 Agg.
$5,000,000 per Occurrencei$10,000,000 Agg. A
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ED2 Employee $ 10,000
Dishonesty $100,000
GK1 5
GK2 Garage $ 300,000 ($ 25,000 per Vehicle)
GK3 Keepers $ 500,000 ($100,000 per Vehicle)
$1,000,000 ($250,000 per Vehicle)
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Monroe County Tourist Development Council FY 2021 Capital Project Application Packet P 1161
7� g.
D.7.a
2018 Edith n
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MEDI Medical $ 300,0001'$ 750,000 Agg.
MED2 Professional $ 500,000,.$ 1,000,000 Agg.
MED3 $1,000,000$ 3,000,000 Agg. U
MED4 $5,000,000.'$10,000,000 Agg.
IF Installation Maximum value of Equipment
Floater Installed
VLPI Hazardous $ 300,000 (Requires MCS-90) 0
VLP2 Cargo $ 500,000 (Requires MCS-90)
VLP3 Transporter $1,000,000 (Requires MCS-90) A
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BLL Bailee Liab. Maximum Value of County Property that will
be in the Bailee's posession.
HK.LI Hangar keepers $ 300,000 ,
HK.L2 Liability $ 500,000
HK.L3 $ 1,000,000
HK.L4 $ 5,000,000
AIRI Aircraft $ 1,000,000
AIR2 Liability $ 5,000,000
AIR3 $50,000,000
AE01 Architects Errors $ 250,000 per Occurrence$ 500,000 Agg.
AE02 & Omissions $ 500,000 per Occurrence l$1,000,000 Agg.
AE03 $ 1,000,000 per Occurrence$3,000,000 Agg.
AE04 $ 3,000,000 per Occurrencel$5,000,000 Agg.
ARP All Risk Property Full Replacement Value ofStmcture
EOJ Engineers Errors $ 250,000 per Occurrence:$ 500,000 Agg. E
E02 & Omissions $ 500,000 per Occurrence$!,000,000 Agg.
E03 $ I,000,000 per Occurrence$2,000,000 Agg.
E04 $ 5,000,000 per Occurrence$!0,000,000 Agg.
WL1 Water Craft $ 500,000 per Occurrence
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WI-2 Liability $ 1,000,000 per Occurrence
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Monroe County Tourist Development Council FY 2021 Capital Project Application Packet P 1162
9R g.
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INSLJRANCF AGENT'S STATEMENT
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I have reviewed the above requiremems with the bidder riamed below.The ft)1lo%k in deductibles J=
apply to the correspomfing policy. 0)
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Policy Deductibles E
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Workers Compensation so U)
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Auto Eiar)ility $5,000
Liability policies are _E] Occurrence DClairns Mide
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Florida Municipal Insurance Trust
Insurance Agency Signa ure
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BIDDERS
STATEMENT E
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I Understand the insurance that will be mandatory it'aw arded the contract and
will comply in full with all the requirements.
Seth Laiviess, Village Manager
Bidder's Name and Title Sigiiature u
Conip,any Name:
Islamorada, Village of Islands
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Packet Pg. 1163
D.7.a
A�" CERTIFICATE OF LIABILITY INSURANCE DAr2/3/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI:
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE!
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement of
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). U
PRODUCER CONTACT
NAME: Jenna Jennings
World Risk Management, LLC a Member of: Ballator Insurance Group PHONE FAX
20 N. Orange Ave., A/C No Ext: 4074452414 A/C,Noy 407-445-2868
E-MSuite 500 ADDRESS: jennifer.jennings@wrmllc.com
Orlando FL 32801 INSURER(S)AFFORDING COVERAGE NAIC#
INSURERA: Public Risk Management of FL
INSURED ISLAMOR-01 INSURER B:
Islamorada, Village of Islands 2
86800 Overseas Highway INSURER e�
Islamorada FL 33036 INSURER D7 4-
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INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:444761722 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI >
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI;
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD MM/DD LIMITS
A X COMMERCIAL GENERAL LIABILITY PRM020-007-083 10/1/2020 10/1/2021
EACH OCCURRENCE $2,000,000 �9
X OCCUR DAM
CLAIMS-MADE2111
AGE TO RENTED
Approved Risk Management PREMISES Eaoccurrence $2,000,000
MED EXP(Any one person) $EXCLUDED
PERSONAL&ADV INJURY $2,000,000 n�
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GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
POLICY PE� El LOC 2-3-2021 PRODUCTS-COMP/OP AGG $
OTHER: $
A AUTOMOBILE LIABILITY PRM020-007-083 10/1/2020 10/1/2021 COMBINED SINGLE LIMIT $2,000,000 �
Ea accident
X ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED BODILY INJURY(Per accident) $ 9=
AUTOS ONLY AUTOS
X HIRED X NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY Per accident
X APD APD DEDUCTIBLE $1,000
UMBRELLA LAB OCCUR EACH OCCURRENCE $ U)
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EXCESS LAB CLAIMS-MADE AGGREGATE $
DED F RETENTION$ $
A WORKERS COMPENSATION PRM020-007-083 10/1/2020 10/1/2021 X PER OTH-
AND EMPLOYERS'LIABILITY Y/N STATUTE ER
ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000
OFFICE R/M EMBER EXCLUDED? ❑ N/A
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 (�
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 L)
C5
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required)
Beach Cleaning and Maintenance Agreement#789
With respects to the listed coverage held by the named insured,as evidence of insurance.
Per the Attorney General's Opinion,as Per FL Statute 768.28,governmental entities may not add another party as an additional insured.
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CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II
ACCORDANCE WITH THE POLICY PROVISIONS.
Monroe County BOCC& Monroe County TDC
1201 White Street, Suite 102
Key West FL 33040 AUTHORIZED REPRESENTATIVE
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Packet Pg. 1164
D.7.a
Additional Insured:
"Per the attorney general's opinion, as per FL Statute 768.28, governmental entities may not add
another party as an additional insured."
Public entities fall under Sovereign immunity limits, each state has own sovereign immunity limits. Can't
sue one each other.Tort limit in FL is 100/300,that is the most amount of coverage they will have and if
someone sues one another they won't get more than 100/300. All fall under same tort limits in state of
fl.
768.28 Waiver of sovereign immunity in tort actions; recovery limits; limitation on attorney fees;
statute of limitations; exclusions; indemnification; risk management programs. — ,
(1) In accordance with s. 13, Art. X of the State Constitution, the state,for itself and for its agencies or
subdivisions, hereby waives sovereign immunity for liability for torts, but only to the extent specified in
this act.Actions at law against the state or any of its agencies or subdivisions to recover damages in tort
for money damages against the state or its agencies or subdivisions for injury or loss of property, _
personal injury, or death caused by the negligent or wrongful act or omission of any employee of the
agency or subdivision while acting within the scope of the employee's office or employment under
circumstances in which the state or such agency or subdivision, if a private person,would be liable to
the claimant, in accordance with the general laws of this state, may be prosecuted subject to the
limitations specified in this act. Any such action may be brought in the county where the property in E
litigation is located or, if the affected agency or subdivision has an office in such county for the
transaction of its customary business, where the cause of action accrued. However, any such action E
against a state university board of trustees shall be brought in the county in which that university's main
campus is located or in the county in which the cause of action accrued if the university maintains
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therein a substantial presence for the transaction of its customary business.
(2) As used in this act, "state agencies or subdivisions" include the executive departments,the
Legislature,the judicial branch (including public defenders), and the independent establishments of the
state, including state university boards of trustees; counties and municipalities; and corporations t3
primarily acting as instrumentalities or agencies of the state, counties, or municipalities, including the
Florida Space Authority.
(3) Except for a municipality and the Florida Space Authority,the affected agency or subdivision may,
at its discretion, request the assistance of the Department of Financial Services in the consideration, 0
adjustment, and settlement of any claim under this act.
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(4) Subject to the provisions of this section, any state agency or subdivision shall have the right to 0
appeal any award, compromise, settlement, or determination to the court of appropriate jurisdiction.
The state and its agencies and subdivisions shall be liable for tort claims in the same manner and to the
same extent as a private individual under like circumstances, but liability shall not include punitive
Packet Pg. 1165
D.7.a
damages or interest for the period before judgment. Neither the state nor its agencies or subdivisions
shall be liable to pay a claim or a judgment by any one person which exceeds the sum of$200,000 or
any claim or judgment, or portions thereof, which, when totaled with all other claims or judgments paid
by the state or its agencies or subdivisions arising out of the same incident or occurrence, exceeds the
sum of$300,000. However, a judgment or judgments may be claimed and rendered in excess of these
amounts and may be settled and paid pursuant to this act up to $200,000 or$300,000, as the case may
be; and that portion of the judgment that exceeds these amounts may be reported to the Legislature,
but may be paid in part or in whole only by further act of the Legislature. Notwithstanding the limited
waiver of sovereign immunity provided herein,the state or an agency or subdivision thereof may agree, M
within the limits of insurance coverage provided,to settle a claim made or a judgment rendered against
it without further action by the Legislature, but the state or agency or subdivision thereof shall not be
deemed to have waived any defense of sovereign immunity or to have increased the limits of its liability
as a result of its obtaining insurance coverage for tortious acts in excess of the$200,000 or$300,000
waiver provided above.The limitations of liability set forth in this subsection shall apply to the state and
its agencies and subdivisions whether or not the state or its agencies or subdivisions possessed
sovereign immunity before July 1, 1974.
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Packet Pg. 1166