Item E30
BOARD OF COUN'IY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 19. 2008 Division: Engineering
Bulk Item: Yes l No _ Department: Facilities Development
Staff Contact Person/Phone #: Jerry Barnett x4416
AGENDA ITEM WORDING: Approval of a five-year contract with RAT. Construction, Inc. for
the Maintenance and Annual Reporting of the Environmental Wetlands at the new Medical Examiner's
Facility.
ITEM BACKGROUND: The same five year maintenance and reporting was awarded to RAT.
Construction on June 18, 2008 as part of the construction and creation of the environmental wetlands.
Staff recommends to separate the construction from the maintenance and form two different contracts.
PREVIOUS RELEVANT BOCC ACTION: On June 18,2008, the BOCC granted approval of an
award of bid and contract with RAT. Construction, Inc. for the Environmental Wetlands Mitigation at
the new Medical Examiner's Facility, which included an alternate for a five year maintenance agreement.
CONTRACTIAGREEMENTCHANGES: N/A
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: $27.500.00 total for 5 years BUDGETED: Yes -L No_
COST TO COUNTY: $27.500.00 SOURCE OF FUNDS: Fund 307
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty ~C ~IPurChasing _ Risk Management _ -
DOCUMENTATION: Included X Not Required_
DISPOSmON: AGENDA ITEM #
Revised 11/06
\.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: B.A T. Construction Contract #_
Effective Date: 11/19/08
Expiration Date:
Contract PurposelDescription:
A five year maintenance and reporting period for the environment wetlands at the
Medical Examiner's Facility
Contract Manager: Ann Riger X4549 Facilities Devel/Stop #1
(Name) (Ext. ) (Department/Stop #)
for BOCC meetin~ on 11/19/08 A2enda Deadline: 11/04/08
CONTRACT COSTS
Total Dollar Value of Contract: $ 27,500 Current Year Portion: $ 5,500.00 ~
Budgeted? Yes~ No D Account Codes: 397-26S91569620-CH6361-5J9J19 j
Grant: $ N/A ~ - L2tXJ1. 530?f.I1L-..-_
County Match: $ N/A - - - -
-----
- - - -
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ADDITIONAL COSTS
Estimated Ongoing Costs: $---.Jyr For:
ot included in dollar value above ( maintenance, utilities,' . rial, salaries, etc.)
CONTRACT REVIEW
Changes Date Out
Date In NeedV
Division Director (f.:l1Lllt YesDN
Risk Mana~eutll.!I~ Io.() i YesO Nd
fJ~ ~~ ~ r
O.M.B./Purc~tng 1/-7-0<6 YesD N
County Attorney I~ YesD N~
hk
Comment~ Coot C.JLfp ~ {:urcI,gG4 ~~
OMB Fonn Revised 2/27/01 MCP #2
CONTRACT
THIS AGREEMENT. made and entered into this 19th day of November, 2008, by and
between the COUNTY OF MONROE, ("Owner"), and RA.T. CONSTRUCTION, INe.,
("Contractor"), for a five year monitoring period to perform the Maintenance and Annual
Reporting of the Environmental Wetland Mitigation at the Medical Examiner's Facility.
That the parties hereto, for the consideration hereinafter set forth, mutually agree as
follow:
1. THE CONTRACT
The contract between the owner and the contractor, of which this agreement is a
part, consists of the contract documents, as specified in paragraph 2.
2, THE CONTRACT DOCUMENTS
The contract documents consist of this agreement, the South Florida Water
Management District Permit #44-00326-P, the Onsite Wetland Mitigation Area
Monitoring and Maintenance Plan, see "Exhibit A", all change orders, any other
amendments hereto executed by the parties hereafter, and all required insurance
documentation.
3. SCOPE OF THE WORK
Maintenance and monitoring of the wetland mitigation areas will begin at the
Time Zero Mitigation Monitoring Report and continue for a period of five years.
The Contractor (permittee) will conduct the monitoring for five years as required
by the permit and maintain the mitigation area. Monitoring reports will be
submitted to SFWMD and the Corps, and Monroe County Facilities Development
annually. Success criteria will be measured by percent cover of wetland plants
within the mitigation area over the five year monitoring period as follows:
30% cover by the end of the 1 st monitoring year
50% cover by the end of the 2nd year
80% cover by the end of the 3rd year
And maintained thereafter for the duration of the monitoring period.
The wetland mitigation areas will be monitored quarterly for planting success,
amount of desirable wetland plant recruitment, wildlife utilization, exotic (as
listed by the Exotic Pest Plant Council (EPPC) and undesirable vegetation
encroachment and physiochemical conditions. In addition, the wetland mitigation
area staff gauges will be read on a monthly basis.
The staff gauges will be installed according to the attached permit sketches and
read on a monthly basis. This data will be part of the annual monitoring reports.
In addition to staff gauge readings, all field evaluations will include the review
and identification of indirect indicators of hydrology. Pedestrian transects will be
conducted during all quarterly site evaluations. Each annual monitoring event
will include photographic documentation of existing conditions in the wetland
mitigation area. The field transects, staff gauges, wildlife utilization and
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photographic reference points will be monitored and maintained throughout the
five year monitoring and maintenance period.
The results of the annual field evaluations will assist in identifYing the progressive
condition of the mitigation area and the impact of the hydrologic improvements
resulting from the project. All monitoring event data will be utilized by
maintenance crews as necessary to provide the most effective treatment of
undesirable vegetation should invasion occur. This will ensure that the
undesirable vegetation will be controlled prior to establishment and seed set.
Further, the results of the annual monitoring events and the resulting treatment
procedures will be included in the mitigation area monitoring reports, which will
be provided to SFWMD and the Corps.
Every effort will be taken to maintain zero percent coverage of exotic/nuisance
plant species. Exotic plant species are those currently defined by the Florida
EPPC. At no time shall the coverage of the undesirable plant species exceed two
percent (2%) of the total vegetative coverage in the mitigation and preservation
areas. Plants will be removed or killed in-place, depending upon which technique
will result in greater protection to the wetland and produce the most desirable
system-wide wetland benefit.
Maintenance will be implemented as part of the long-term maintenance plan.
This maintenance will help ensure that the conservation easement over the onsite
mitigation and preservation areas will be maintained free from invasive exotic
vegetation and nuisance plants according to the previously described criteria.
4. THE CONTRACT SUM
The County shall pay to the Contractor for the faithful performance of said
service a total fee of$27,500.oo.
The Contractor shall invoice the County annually for maintenance services, for
five consecutive years at $5,500.00 per year.
5. CONTRACTOR'S ACCEPTANCE OF CONDITIONS
A. The Contractor hereby agrees that he has carefully examined the site and has
made investigations to fully satisfy himself that such site is correct and a suitable
one for this work and he assumes full responsibility therefore. The provisions of
the Contract shall control any inconsistent proVISIOns contained III the
specifications. All specifications have been read and carefully considered by the
Contractor, who understands the same and agrees to their sufficiency for the work
to be done. Under no circumstances, conditions, or situations shall this Contract
be more strongly construed against the Owner than against the Contractor.
B. The passing, approval, and/or acceptance by the Owner of any of the maintenance
services furnished by the Contractor shall not operate as a waiver by the Owner of
strict compliance with the terms of this Contract, and specifications covering the
services. Failure on the part of the Contractor, immediately after Notice to
Correct shall entitle the Owner, if it sees fit, to correct the same and recover the
reasonable cost of such replacement and/or repair from the Contractor, who shall
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in any event be jointly and severally liable to the Owner for all damage, loss, and
expense caused to the Owner by reason of the Contractor's breach of this Contract
and/or his failure to comply strictly and in all things with this Contract and with
the specifications.
6. TERM OF CONTRACT/RENEW AL
A. This contract shall be for five consecutive years commencing at the Time Zero,
the final completion of the construction and creation of environmental wetlands,
at the newly constructed Medical Examiner's Facility.
7. HOLD HARMLESS
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 of 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.
8. INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement the Contractor is an
independent contractor and not an employee of the Board of County
Commissioners for Monroe County. No statement contained in this agreement
shall be construed so as to find the contractor or any of his/her employees,
contractors, servants, or agents to be employees of the Board of County
Commissioners for Monroe County.
9. ASSURANCE AGAINST DISCRIMINATION
The Contractor shall not discriminate against any person on the basis of race,
creed, color, national origin, sex, age, or any other characteristic or aspect which is
not job related, in its recruiting, hiring, promoting, terminating, or any other area
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affecting employment under this agreement or with the provision of services or
goods under this agreement.
10. ASSIGNMENT/SUBCONTRACT
The Contractor shall not assign or subcontract its obligations under this agreement,
except in writing and with the prior written approval of the Board of County
Commissioners for Monroe County and Contractor, which approval shall be
subject to such conditions and provisions as the Board may deem necessary. This
paragraph shall be incorporated by reference into any assignment or subcontract
and any assignee or subcontractor shall comply with all of the provisions of this
agreement. Unless expressly provided for therein, such approval shall in no
manner or event be deemed to impose any obligation upon the board in addition to
the total agreed-upon price of the services/goods of the contractor.
11. COMPLIANCE WITH LAW
In providing all services/goods pursuant to this agreement, the contractor shall
abide by all statutes, ordinances, rules and regulation pertaining to, or regulating
the provisions of, such services, including those now in effect and hereinafter
adopted. Any violation of said statutes, ordinances, rules and regulations shall
constitute a material breach of this agreement and shall entitle the Board to
terminate this contract immediately upon delivery of written notice of termination
to the contractor. The contractor shall possess proper licenses to perform work in
accordance with these specifications throughout the term of this contract.
12. INSURANCE
Prior to execution of this agreement, and maintained throughout the life of the
contract, the contractor shall furnish to the Owner Certificates of Insurance indicating the
minimum coverage limitation as listed below:
A. General Liability - include as a minimum:
. Premises Operations
. Products and Completed Operations
. Blanket Contractual Liability
. Personal Injury Liability
. Expanded Definition of Property Damage
The minimum limits acceptable shall be $300,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per person; $300,000 per Occurrence; and $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
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claims may be reported should extend for a minimum of twelve months
following the acceptance of work by the County.
.iWONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST
BE NAMED AS ADDITIONAL INSURED.
B. Vehicle Liability - include as a minimum:
. Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be $100,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be:
$50,000 per Person; $100,000 per Occurrence; and $25,000 Property
Damage.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
MUST BE NAMED AS ADDITIONAL INSURED.
C. Workers Compensation -limits sufficient to respond to Florida Statute 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with
limits of not less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be provided by a company or companies authorized to transact
business in the State of Florida and the company or companies must maintain
a minimum rating of A-VI, as assigned by the A.M. Best Company.
If the Contractor has been approved by 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 Certificate of Insurance, providing
details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of
Insurance will be required. In addition, the contractor may be required to
submit updated financial statements from the fund upon request from the
County.
13. FUNDING AVAILABILITY
In the event that funds from Facilities Development are partially reduced or
cannot be obtained or cannot be continued at level sufficient to allow for the
purchase of the services/goods specified herein, this agreement may then be
terminated immediately at the option of the Board of County Commissioners by
written notice of termination delivered in person or be mail to the contractor. The
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Board shall not be obligated to pay for any services provided by the contractor
after the contractor has received written notice of termination.
14. PROFESSIONAL RESPONSIBILITY
The Contractor warrants that it is authorized by law to engage in the performance
of the activities encompassed by the project herein described, subject to the terms
and conditions set forth in these contract documents The provider shall at all
times exercise independent, professional judgment and shall assume professional
responsibility for the services to be provided. Continued funding by the Owner is
contingent upon retention of appropriate local, state, and/or federal certification
and/or licensure of contractor.
15. NOTICE REQUIREMENT
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,
retumed receipt requested, to the following:
FOR COUNTY FOR CONTRACTOR
Monroe County Facilities Development B.A.T. Construction, Inc.
1100 Simonton Street Rm 2-216 127 Industrial Road, Suite E
Key West, FL 33040 Big Pine Key, FL 33043
16. CANCELLATION
A) In the event that the contractor shall be found to be negligent in any aspect
of service, the County shall have the right to terminate this agreement after
five days written notification to the Contractor.
B) Either of the parties hereto may cancel this agreement without cause by
giving the other party sixty (60) days written notice of its intention to do
so.
17. GOVERNING LAWS
Goveming Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be
govemed 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.
In the event that any cause of action or administrative proceeding is instituted for
the enforcement or interpretation of the agreement, the County and contractor
agree that venue will lie in the appropriate court or before the appropriate
administrative body in Monroe County, Florida.
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The County and Contractor agree that, in the event of conflicting interpretation of
the terms or a term of this agreement by or between any of them the issue shall be
submitted to mediation prior to the institution of any other administrative or legal
proceeding.
18. RECORD KEEPING
Contractor shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted
accounting principles consistently applied. Each party to this Agreement or their
authorized representatives shall have reasonable and timely access to such records
of each other party to this Agreement for public records purposes during the term
of the Agreement and for four years following the termination of this Agreement.
If an auditor employed by the County or Clerk determines that monies paid to
Contractor pursuant to this Agreement were spent for purposes not authorized by
this Agreement, the Contractor shall repay the monies together with interest
calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid
to Contractor.
19. SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application
thereof to any circumstance or person) shall be declared invalid or unenforceable
to any extent by a court of competent jurisdiction, the remaining terms, covenants,
conditions and provisions of this Agreement, shall not be affected thereby; and
each remaining term, covenant, condition and provision of this Agreement shall be
valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this
Agreement. The County and Contractor agree to reform the Agreement to replace
any stricken provision with a valid provision that comes as close as possible to the
intent of the stricken provision.
20. ATTORNEY'S FEES AND COSTS
The County and Contractor agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be
entitled to reasonable attorney's fees, 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. 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.
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21. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and
inure to the benefit of the County and Contractor and their respective legal
representatives, successors, and assigns.
22. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary
County and corporate action, as required by law.
23. CLAIMS FOR FEDERAL OR STATE AID
Contractor and County agree that each shall be, and is, empowered to apply for,
seek, and obtain federal and state funds to further the purpose of this Agreement;
provided that all applications, requests, grant proposals, and funding solicitations
shall be approved by each party prior to submission.
24. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
County and Contractor agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives of
each of the parties. If no resolution can be agreed upon within 30 days after the
first meet and confer session, the issue or issues shall be discussed at public
meeting of the Board of County Commissioners. If the issue or issues are still not
resolved to the satisfaction of the parties, then any party shall have the right to
seek such relief or remedy as may be provided by this Agreement or by Florida
law.
25. COOPERATION
In the event any administrative or legal proceeding is instituted against either
party relating to the formation, execution, performance, or breach of this
Agreement, County and Contractor agree to participate, to the extent required by
the other party, in all proceedings, hearings, processes, meetings, and other
activities related to the substance of this Agreement or provision of the services
under this Agreement. County and Contractor specifically agree that no party to
this Agreement shall be required to enter into any arbitration proceedings related
to this Agreement.
26. NONDISCRIMINATION
County and Contractor agree that there will be no discrimination against any
person, and it is expressly understood that upon a determination by a court of
competent jurisdiction that discrimination has occurred, this Agreement
automatically terminates without any further action on the part of any party,
effective the date of the court order. County or Contractor agree to comply with
all Federal and Florida statutes, and all local ordinances, as applicable, relating to
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nondiscrimination. These include but are not limited to: I) Title VI of the Civil
Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of
race, color or national origin; 2) Title IX of the Education Amendment of 1972, as
amended (20 USC ss. 1681 ~ 1683, and 1685~ 1686), which prohibits discrimination
on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended
(20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The
Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which
prohibits discrimination on the basis of age; 5) The Drug Abuse Office and
Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on
the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism
Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616) as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism;; 7) The
Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and
290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent
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. 120 I NoteO, as maybe
amended from time to time, relating to nondiscrimination on the basis of
disability; 10) Any other nondiscrimination provisions in any federal or state
statutes which may apply to the parties to, or the subject matter of, this
Agreement. Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on
the basis of race, color, sex, religion, disability, national origin, ancestry, sexual
orientation, gender identity or expression, familial status or age.
27. COVENANT OF NO INTEREST
County and Contractor covenant that neither presently has any interest, and shall
not acquire any interest, which would conflict in any manner or degree with its
performance under this Agreement, and that only interest of each is to perform
and receive benefits as recited in this Agreement.
28. 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 a..<; delineated in Section 112.313, Florida Statues, 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.
29. NO SOLICITATION/PAYMENT
The County and Contractor warrant that, in respect to itself, it has neither
employed nor retained any company or person, other than a bona fide employee
working solely for it, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual, or firm, other than a
bona fide employee working solely for it, any fee, commission, percentage, gift,
9
or other consideration contingent upon or resulting from the award or making of
this Agreement. For the breach or violation of the provision, the Contractor
agrees that the County shall have the right to terminate this Agreement without
liability and, at its discretion, to offset from monies owed, or otherwise recover,
the full amount of such fee, commission, percentage, gift, or consideration.
30. PUBLIC ACCESS
The County and Contractor shall allow and permit reasonable access to, and
inspection of, all documents, papers, letters or other materials in its possession or
under its control subject to the provisions of Chapter 119, Florida Statues, and
made or received by the County and Contractor in conjunction with this
Agreement; and the County shall have the right to unilaterally cancel this
Agreement upon violation of this provision by Contractor.
31. NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 286.28, Florida Statues, the participation
of the County and the Contractor in this Agreement and the acquisition of any
commercial liability insurance coverage, self-insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of
immunity to the extent of liability coverage, nor shall any contract entered into
by the County be required to contain any provision for waiver.
32. PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws,
ordinances, and rules and pensions and relief, disability, workers' compensation,
and other benefits which apply to the activity of officers agents or employees of
any 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.
33. LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non-Delegation of Constitutional or Statutory Duties. This Agreement is not
intended to, nor shall it be construed as, relieving any participating entity from
any obligation or responsibility imposed upon the entity by law except to the
extent of actual and timely performance thereof by and 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.
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34. NON-RELIA1~CE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of the
Agreement to enforce or attempt to enforce any third-party claim or entitlement to
or benefit of any service or program contemplated hereunder, and the County and
the Contractor agree that neither the County nor the Contractor or any agent,
officer, or employee of either shall have the authority to inform, counsel, or
otherwise indicate that any particular individual or group of individuals, entity or
entities, have entitlements or benefits under this Agreement separate and apart,
inferior to, or superior to the community in general or for the purposes
contemplated in this Agreement.
35. ATTESTATIONS
Contractor agrees to execute such documents as the County may reasonably
require, to include a Public Entity Crime Statement, An Ethics Statement, and a
Drug-Free Workplace Statement.
36. 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.
37. EXECUTION ON 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 any of the parties hereto may execute this Agreement by signing
any such counterpart.
38. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and it is agreed that such section headings are not a part of this
Agreement and will not be used in the interpretation of any provision of the
Agreement.
II
39. CONTINGENCY STATEMENT
Monroe County's performance and obligation to pay under this contract is contingent
upon an annual appropriation by the Monroe County Board of County
Commissioners.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day
and date first written above and is executed in at least four original copies of which one is
to be delivered to the Contractor, and the remainder to the Owner.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
By: By:
Deputy Clerk Mayor/Chairman
Date:
CONTRACTOR
B.A.T. CONSTRUCTION, INC.
BYbmo~~)
.~. VIC~j/d~i:
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SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
GAT~r()ct" CJY) warrants that he/it has not employed, retained
or otherwise had act on his/its 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 this provision the County
may, in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or employee.
f!/h'XJ1:w~~
j7 (signature)
Date: JOl3Jlo~
I I
STATE OF FIerI" cb\
COUNTY OF M()y) ro ~
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
~ t1<\ G~ who, after first being sworn by me, affixed his/her
signature (name of individual signing) in the space provided above on this ~ day of
\)
NOTARY PUBUC-STATE OF FLORIDA
1,t"'I, D "ct
lW".:. el re Lewis
~ JCo~mission #DD709218
.",......," ExpIres: NOY. 19,2011
BONDED THRU ATLANTIc BONDING co., INc.
My commission expires: Nov 19 J~(I
OMB - MCP FORM #4
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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 a
contract to provide any goods or services to a public entity, may not submit a
bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real
property to public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any
public entity, and may not transact business with any public entity in excess
of the threshold amount provided in Section 287.017, for CATEGORY
TWO for a period of 36 months from the date of being placed on the
convicted vendor list."
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DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
~
(2)-AT\~jfrU\:..1f, Or)
(Name 0 Busmess)
1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that
will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free 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 (1).
4. In the statement specified in subsection (1), notify Ihe 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 firm complies fully with the above
requirements.
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Date
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MONROE COUNTY MEDICAL EXAMINERS OFFICE
CRAWL KEY
Onsite Wetland Mitigation Plan
1be wetland mitigation plan for the Monroe County Medical Examiners Office includes the creation of a 0.43 acre mangrove
wetland.. An existing upland area adjacent to the existing wetland W-I will be scraped down to 0.7' NOVO to be tied into this
existing wetland. The proposed elevation is O,S'lower than the average existing elevation in wetland W-I to enhance hydrology in
this immediate wetland area. .
The wetland mitigation will be initiated within 90 days after issuance of all of the necessary permits. The specific mitigation
sequence for the onsite mea will consist of the removal of exotics (mainly Australian pine, Casuarina equisetifolia) within the
upland area adjacent to wetland W-1. The upland will theo be scraped down from approximately 5.0' NOVO to the proposed.
mangrove mitigation elevation of 0.7' NOVO. All unsuitab1c debris, exotic vegetation. and unusable excavated material will be
~ and disposed of in an approved manner. Suitable saltwater marsh vegetation will be installed following permitting agency
review of the ~ wetland area.
The Baseline Mitigation Area Monitoring Report will be conducted before beginning mitigation area work and will be provided to
SFWMD and the Corps. Site visits will be initiated with SFWMD and Corps staff during the grading phase of the project SO that
the final design parameters may be discussed in the Jield
The wetland mitigation creation efforts will begin during Mmcl12004 with the removal of exotics and scraping down of the upland
adjacent to wetland W- t. Following completion of the wetlaod mitigation area earthwork, an as-built survey of the area will be
8C1JC13ted and reviewed for CODSistcncy with the mitigation plan. Field evaluations will be requested from SFWMD and the Corps.
Following the Jield evaluations and conJirmaaion that the wetland mitigation area is at projected elevations, die onsite mitigation L
area will be planted according to the Wetland Mitigation Area Planting Plan, see attacbed plan.
Maint~f1CC and monitoring of the wet1aDd mitigation areas will begin at the Tunc Zero Mitigation Monitoring Report and
oootinue for a period of Jive years. The pennittee will conduct the monitoring for Jive years as requiIed by the permit and m::lintgin
the mitigation area in perpebJity. Monitoring reports wiI1 be submitted to SFWMD and the Corps annuaDy.
Success criteria will be measured by percent cover of wetland plants within the mitigation area over the S year monitoring period as
follows: 3()l'1e cover by the end of the III monitoring year. SOOIct cover by the eod of the 2'" year and 80% by the end of the 3ld year
and m:dnt~ined then:after for the dwation of the monitoriug period.
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MONROE COUNTY MEDICAL EXAMINERS OFFICE
CRAWL KEY
Onsite. ~et1and Mitigation Are.aMonltorlng and,Malntenance Plan
Tbc wedaIId mitigatioll tR3 moDitoriog eveDfS will begin at the TOIle Zero eveot and cootioue Cot a period of five ye3JS. The
wetland mitigatioD areas will be monifoRd quarterly for ~ soca:ss. 8IIJOUDt oK desirable wedaDd pIaot RClui~ wildlife
nti~ exotic (as listed by the Exocic Pest Plat COUDcil (EPPC]) and uodesUabIc ~ eocrnaclmJeot aod pbysio-
cbemil;::lll cooditioas. In additioa. the wedaod mitigabon area sta1r pages will be read on a JDOIdbIy basis.
Tbc stiff gauges will be ~ iIl.4NI&ug 10 tile aUacbed permit sLdlI_ aDd lad on a IDOIIIhIy basis. This data will be part of
die aauoa1l11011i1ori11g reports. In ~ 10 staff ~ ._lillp. aU field evalUIticms will iocIude the nMew and jdP.ntiflcatioo of
Wrect iadic:aIors cL hydrology. PcdcsbiM 'la-It{ ctI wiD be cooducfed dI.uI& all quatliCdJ silo maJuIdioas. Each ammal
mo-.i0, "'3 ewot will iDcIudc ~ do<:ul~. ........ of existing ~ in die wedaId mitiptioa ala. The field
tIaUIlcts. sfJJIf pages, wiIdIi:Ie mlbwifta and ~dj)Wc ..~ points wiD be ID08itored aDd nIlIi......iM dIroogbout the five..
J.... .. and _i_--e . ~
Tbc raaIIs ,. the aaouaI fidel ~~ will a8Iist in idl:ntif.yiDs the ~ roadifion of the mitiptioa area 8IId the impact
of thc ~~ lw9i~ ~ froaa Ibe JlR!icct. AU JIIOIIifGri.as eveat cIaIa 1riB be utitizcd by --te-- e QWS as
Ili'(>A .....,~ to proricIe die most efI:c:tiw treaCmaIl oL 1JIICk.i.aNe vegdation should masioa ocaJI'. 1bis will CIISIR that the
~rnI* ~,.;.- will be COIIIroIIed prior 10 -'1II"~_. aad seed set. FuJt1Ier. tile rauIts of the 8JIII8llI JDODitorios CM:Dts
aod the _.~ beahDent ~ will be iad8decI in thc mitipinn area moailutiug RpOdS. wbich will be provided to
SPWMD and thC Corps.
DuriIIg die ~)DIsc at the mitiplim. pR!jcc:tccl as pm m the perpdUa1-~~'-~ cI die IUigaOOo aRaS,. C\'CIY effort
will be taka to aItaiIl zao pc:ItaJl c:overap of c::xoticIuaisa: pIaal species. ExuDe pIaDt s:pecic5 .-c diose aurc:mJy defined by
tile Florida EffC. At 110 time sbaIl die COYerap mdlc II~.AC plaut species cxa:cd two peaat (~") olthe total v~
~. ill the ..hl~k'" aod p;aavadoa arar.. PIlus wiB be IaDOWJd or tiOecl iD-pIace. ~dqg upon wbidl teclmique will
taaIt ia ~ pokCtioa to die wedaod and p.rodaoe the IDOIIt dcsimble S)'IIteDHride wedaod beoefit.
PerpetualIIU.~"'oaoce will be ~ . part 01' the Joog-feml-:''''''-~ piau. Tbis ft...:III&h"",CJ<<! wiD help CIISaIC dill the
cnasemdioo~ ower the oosifc ~.. pn:&CIV8doo aR8S wiD be -~ free from ilmsiveexotic ~ and
"".;-~ pIaats according 10 the pmriously dcsc:ribed aitaia in papetuity.
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--~ SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EN~RONMENTAlRESOURCE
STANDARD GENERAL PERMIT NO. 44-o0326-P
DATE ISSUED: August 11, 2004
Form #0941
08195 1'JE:
2ICfA'!D 8f~
PERMITTEE: MONROE COUNTY
1100 SIMONTON STREET
KEY WEST, FL 33040
PROJECT DESCRIPTION: Construction and operation of a surface water management system to serve a 2.62
acre project known as the Monroe County Medical Examiners Facility.
PROJECT LOCATION: MONROE COUNTY, SEC 26,35 TWP 65S RGE 33E
PERMIT DURATION: See Special Condition No:1. See attached Rule 4OE-4.321, Florida Administrative
Code.
This Is to notify you of the Distrlcfs agency action concerning Notice of Intent for Permit AppIlcation No. 030611-12, dated June 11. 2003.
This action is taken pursuant to Rule 4OE-1.603 and Chapter 4OE-40 , Florida Administrative Code (FAC. I.
Based on the information provided. 'Dlstrict rutes have been adhered to and an EnvIronmental Resource General Permit is in effect for this
project subject to;
1. Not receiving a flied request for a Chapter 120. Aorida Statutes. administrative hearing.
2. !he attached 19 General Conditions (See Pages: 2 - 4 of 7 I. and
3. the attached 25 Special Conditions (See Pages: 5 - 7 of 7 )
FILED WITH THE CLERK OF THE
~E2~~::rns~
'. CLERK.
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SoUTH FWRlDA WATER MANAGEMENT DISTRICT S
3301 Gun Gub Road, West Palm Beach. Aorida 33406 . (561) 686-S8OO . FL WAfS }-800-432-2045 . roo (561) fRJ-1574
Mailing Address: P.O. Box 24680, West Palm Beach. FL 33416-4680 . wwwsfwmd.gov
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Environmental R9S(UC8 Regulation rnctl. \. -
AppIIc8tIon No.: 050408-8
June 15, 2005 <?~~
MONROE COUNTYMEDICAL EXAMINERS OFFICE
1100 SIMONTON STREET
KEY WEST, Fl 33040
Dear Permittee:
SUBJECT: ~urr NO.: 44~f>> j
~.. :'-MONROE CO-MffilCAl EXAMINERS OFFICE
location: Monroe County, S26,35IT65SIR33E
" District staff has reviewed the information submitted May 23, 2005, for a modification of the referenced
it to enable the permittee to meet the U.S. Army Corps of Engirl8iii- permit -requ~--
~ additional exotic removal from StMTOt.Ilding wetlands wiIhin the permittee's ownersh~ and the
scrape down of spoil material where necessary to meet wetland elevations and access can be reac:iIy
acheived without incurring wedand impacts beyond minor temporary disturbance (rater to the enclosed 2
exhibits). The additional wetland area within the permittee's ownership is also being preserved through a
separate 00l1S8Mlti0n easement granted to the Monroe County Comprehensive Plan Land Authority.
Based on that information, District staff has determined that the proposed activities are in compliance with
the original envirom1entaI resowce permit and appropriate provisions of FAC Rule 4OE-4.331(2)(b).
Therefore, these changes have been recorded in our flies.
Please understand that yow permit remai1s subject to the General Conc:Itions and al other Special
Conditions not modified and as originally issued.
Should you have any questions concerning this matter, please contact this office.
zr'
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Sr Supv Environmental Analyst
Palm Beach Service Center
JM1bc
Enclosures
Certified MaN: 7003 1010 ??oo 4434 4023
GoVERNINC BOARD EXECI/TH'E OfFICE
Kevin McCu1y, Owlr Alice 1. Carlson Lennart E. Lindahl, P.E. Henry Dean, fucul",.. Viro!drlr
lrela M. &"'... Vi,.,....,,,,,, Mirh>so1 r,...nml:" u_-',t....... n TL__II.~_
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SOUTH FWRIDA WATER MANAGEMENT DISTRICT
I
Application No 050408-8
Environmental Resource Regulation
March 10, 2008
Mr. Kevin G. Wilson, Project Manager
Monroe County Facilities Development
The Historic Gato Cigar Factory
1100 Simonton Street, Suite 2-216
Key West, FL 33040
Dear Permittee:
Subtect: Correction to Pennit No. 44-00326-P
Project Name: Monroe ColD1ty Medical Examiners Office
Location; Monroe County S 26,351 TWP 65SI AGE 33E
The Monroe Co. Medical ExamIners OffIce permit modification issued June 15, 2005 pursuant to
Application No. 050408-8 was issued with an incorrect permit number. The permit modification has
been corrected to reflect the correct permit number. Please place the corrected page with your copy of
the permit mocification. A corrected copy will also be added to the original file.
Please feel free to call me at (561) 682--6937 should you have any questions.
Barbara J. Conmy, Sr. Supervising Envi Analyst
Environmental Resource Permitting Division
South Florida Water Management District
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c: Stephanie Voris, JJ GoIdasich & Associates :J,M< 1~: 2;, C :
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3301 Gun Oub Road, West Palm Beach, Florida 33406 . 1561\ IiM-AAOO . Ff. W A Tc; '.RM..4.17.7f\d"
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SOUTH FWRlDA WATER MANAGEMENT DISTRICT
COR R E C TED
Environmental Resource Regulation
Application No.: 050408-8
June 15, 2005
MONROE COUNTYMEDICAl EXAMINERS OFFICE
1100 SIMONTON STREET
KEY WEST, Fl 33040
Dear Permittee:
SUBJECT: PERMrT NO.: 44-00326-P
Project : MONROE CO MEDICAl EXAMINERS OFFICE
Locatton: Monroe County, S26,35rr65S1R33E
District staff has reviewed the information submitted May 23, 2005. for a modification of the referenced
permit to enable the permittee to meet the U.S. Army Corps of Engineers permit requirements by
authorizing additional exotic removal from surrounding wetlands within the permittee's ownership and the
scrape down of spoil material where necessary to meet wetland elevations and access can be readily
acheived without incurring wetland impacts beyond minor temporary disturbance (refer to the enclosed 2
exhibits). The additional wetland area within the permittee's ownership is also being preserved through a
separate conservation easement granted to the Monroe County Comprehensive Plan land Authority.
Based on that infonnation, District staff has determined that the proposed activities are in compliance with
the original environmental resource permit and appropriate provisions of FAC Rule 40E-4.331 (2)(b).
Therefore, these changes have been recorded in our files.
Please understand that your permit remains subject to the General Conditions and all other Special
Conditions not modified and as originafly issued.
Should you have any questions concerning this matter, please contact this office.
~. tl
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Sr Supv Environmentat Analyst
Palm Beach Service Center
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, <;}!-~-- -- ~~~~~~#'<<:'!~~Florida33406 . (561)686-8800. FLWATSl-800-432-104S
"lIenl.: A:UG04 ItSAI(;UN~
ACORD... CERTIFICi ....E OF LIABILITY INSU' ANCE I ~IMOOIYYYY)
PAODUCER Monroe C?unty THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
lanier Upshaw, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
cl'J~lm~9$ Oe\l~loPfT'<<>' HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1115 US Hwy 98 South ~1"(r, - e.)Q"~ AL TEA THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P.O. Box 468 J N 03 2DOf
Lakeland, FL 33802 INSURERS AFFORDING COVERAGE NAIC,
INSURED flMf:._ INSURER A: Zurich American Insurance C 28247
~2~~~==~~E~ ~y ..=~ \\\L- 1NSUREl'l B: AmerIcan GU8f1Intee and Uabfllty lne
INSURER C: Commerce & Industry Insurance Co.
Big Pine Key, FL 33043 INSURER 0:
INSURER E:
COVERAGES
THE POlICIES OF INSURANCE LISTED aa.ow HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT. TEAM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CEATlACATE MAY BE ISSUED CIA
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POlICIES DESCAIBEO HEREIN IS SUBJECT TO AU. THE TERMS. EXClUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS.
TYPI! OF INSURANCE l'OUCy ~R
0l!HEAAl. LIAIllUTY IGL0925974900
COMMERCIAL GENERAl. UAIlIUTY
ClAIMSMAOe[i)OCCUR MED EXP I
f'EII8ClfW. , /fDV IN.Il.I'n' '1000000
GEr€RAl. AOGAEnAT'E 52
GENt. AGGREGATE lIMIT APPlIES PeA: PI'IOOUCT8 . COl.lPIOP .IrGG .2 000 000
POUCY lOC
, ~I! UAa.lTY BAP534843402 05104I08 05104I08 ~ 9lNGL.E LAn
X N(1 AUTO lEa -.q '1,000,000
AU OWNED AUTOS llOOI. y fUJAy
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SClEDUl..ED AUT08
HIRED AI.ITOI llOOI. Y IfU.JRY
(Pw JIllC'IdnI 5
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GAltAGI LIAIllUTY AUTO ON.. y. EA ACCDENT I
N(1 AUTO 01HEA THNII EA .oa:: I
AUTO OM. Y: AGB
~au. UA8lUT'l' AUC5INI775500 OMMJDI (1!1;1)4101 EACH 0CCUAAa<<:E
X 0CCI..lA DCl..AIM8~ AOOREOAT'E
DEllUCTIIlU:
RETEH1'lClH .
WOAItIlRtl COIII'ENUTIOH AND WC531402S 0Iia2ID7 DMJ2JDII X TA
1!IIIPl.OY!RI' ~
ANY Pf'lOPRIETOR/PAATNeRlEXECUTlVE
OFFICERIMEMIlEA EXCUIOeD?
. , dllIc:Itbe ~
E L Dl8EAllE . .POlICY LIMIT
OTHl!R
CAPTION 01' OPERAllOHI/lOCAllOHIl VIHICl.EII DCUJIlOHI ADOl!D IIY ENDOAII!IIeNT IlIPICIAL PAOYI8IOHI
Dey. notice of canceDetfon applIH for non peyment of premfum.
: Envlronmentlil Wetlanda MItIg8tfon Medical Examiner's Facility
rtfflcete holder I. Included a. ." additional Insured In respects to
..lllebUIIy and auto 11ebI11Iy.
. Attached Deacrlptlona)
mFlCATE HOLDER CANCEllATlON
SHOULD AH'f 01' THe: A80V1! OESCAI8I!D POUCIES lIE CAHCELLED II!fOAI! THE EXPIMTIOH
Monroe County Board of County OAT! lliEIII!OF. THE ISSIMHG INSUReR WILl EHO!AVOR TO MAlL -3Q... DAYS WAITT!N
Commlsslonera N011CI TO THe: CERTIFICAT! HOLDER NAMED TO THE lEFT. BUT FAll.URl TO DO 10 S!tAU
1100 Simonton Street Room 1-213 IMPOSI NO 08U0AllOH OR LlMIUTY OF ANY KIND UPON THe 1N8UA!A, ITS AGEHTI Oft
Key West, FL 33040 !tfPHSEHTAnva
AU'THOAIZeD AEl'RE
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AD 25 (2001108) 1 of 3 h ,S1295631U129128 ALM Ii ACORD CORPORATION 1881
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