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FY2024 04/17/2024 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: April 25, 2024 TO: Ammie Machan, Administrative Assistant Tourist Development Council FROM: Liz Yongue, Deputy Clerk SUBJECT: April 17, 2024 BOCC Meeting The following items have been executed and added to the record: D17 2nd Amendment to Agreement with Friends of the Pool, Inc. for the Alligator Light Station Restoration Phase I project to extend the completion date to September 30, 2025. D 18 1 st Amendment to Agreement with Friends of the Pool, Inc. for the Alligator Light Station Phase I Part II Project to extend the completion date of the project to September 30, 2025. D24 Agreement with Hidden Harbor Marine Environmental Project, Inc. for the Turtle Hospital Guest Tiki Roll Down Shades project in an amount not to exceed $36,800 DAC III FY 2024 Capital Resources. D26 Agreement with Key West Business Guild, Inc. to provide gay and lesbian visitor information services. D27 1 st Amendment to the Master Services Agreement with Amadeus Hospitality, Inc. to provide business intelligence including forward looking occupancy and average daily rate trends retroactively from February 17, 2024 to February 16, 2025 in an amount not to exceed $20,700. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 Grant Award ,, :reement THIS AGREEMENT (agreement) is entered into this 17th day of April..._....., 2024 by, and between MONROE COUNTY (County or Grantor), a political subdlvlsion ofthe State of Florida and Hidden Harbor Mairine Environmental Project, Inc (Grantee) a Not for Profit organized and operating under the laws of the State, of Florida. WHEREAS, the district pennies of Tourist Development Tax rnay be used for the following plurploses only: To acquire, conStrUCt, extend', enlarge, reirnodiel, repai'ir, ir-riprove, ri,4intain, one or more a. Publicly owned and operated corivention centers, sports stadiums, sports arenas, coliseums, or aUditoriun-is within the bOUndaries of the County or, subCOUnty special taxing district in whiich the tax is levied; or b. Auditoriums that are publidly owned but are operated by organizations that are exempt frorn federal taxation pursuant to 26 U.&C, s. 501(c)(3) and open to the public; c. AqUariLMIS, Or MUseurns that are pUblic�y owned and operated or, owned arid operated by not-for-profit organizations and open to the public, within the boundaries of the county or subcounty specie I taxing district in which the tax is levied; or 5. To finance beach park facififies, or, beach, channel, estuary, or lagoon improvement, maintenance, ire-nourishment, restoration, and erosion control-, or 6. public facilities if needed to increase tourist related business activities and in accordance with F.S. 125.01 04,(5)(a)(6,) and (b) zoological parks, fishing piers or nature centers which are publIc owned and operated or owned and operated by not-for-profit organizations and open to the public, and WHEREAS, Grantee has applied to TDC District III for funding for the The Turtle, Hospital Guest Tiki Roll Down Shades capital project, and WHEREAS, the Grantor and Tourist Development Council (TDC) have deterr,rilned that it is, in the best interest of the County, for purposes of pros voting tourism and preserving the heritage of the cornmunity, to attract touriists, and improve the property for use as a zoological park open to the public NOW, THEREFORE, in, consideration of the I'llUtual covenants and payments contained herein, the Grantee and the Grantor have entered into this agreer-rent on the terms and condItions as set forth below, 1, GRANT A tit EEMENT PERIOD, This agreement rs for the period of prlli 17, 2024 through to September 30, 2024 This agreement shatl rernain in effect for the stated period unless one party gives to the other written notification of termination pursuant to and in cornplrancie with paragraphs 7, 12 or 13, below. The project work described in Exhibit A must commence withiin the fiscal year funded which is October 1, 2023 to Septem,ber 30, 2024. Proof that the project commenced within the fiscal year funded may be requested by the TDC administrative office. 2, SCOPE OF AGREEMENT, "rhe representations r-nade, 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 imentioned The TUMe Hosp tali Guest Tikl Rch Dow, ri Shades FY 2024 Capital Pn'OJ,E`Ct F"Unding 31d ROUnd Coritract 043178 .......—-—--------—------ project Segment(s) of the work is/are more particularly described in Exhibit A, detailing the work and the cost allocabIe to each segment, attached hereto,, and incorporated herein by reference. Anything not referenced within Exhiibit A will not be reimbursed. All work for which grant funds are to be expended must be completed by the stated termination date of September 30, 2024 and ail invoices pertaining to this project shall be submitted to the TDC administrative office no later than September 30, 202'4 to, be considered for payrnerit Acknowled rnent: Grantee shall be required to permanently display and maintain at Grantee's expense, p UbHlc acknowledgement of the SUPPOrt of the Monroe County TOW'iSt Development Council in a publicly prominent area of tf-ieir facility in the following forma;. "This project was niade possible with the financial Support of the Monroe County -roiurist Development Council." If the Grantee has already complied with this requirement througf-i previous funding, said acknowledgement fUlfillS this condition. A photograph of said acknowledgment shall be provided with the final reqUest for reimbursement Outlined in Exhibit A of this agreement. a ) There shall be a project manager to acknowledge receipt of goods or work performed. This Project Manager shall be Bette Zirkelt)ach (Email: tuirtietio.s,p Mgilcorn bette,@tL)i-tlehospital.org; Phone Nurnber:305- 923,-8562), Should there be a change in, the project rnanager specified in the Grantee's application, a new project manager shaIl be designated, and notice with new contact information shail be provided in writing to the TDC administrative office. b) if, and to the extent that, Grantee contracts for any of time work funded under this agreement to be performed or completed, Grantee shall give notice to County of the contractual relationship, provide County with a copy of any and all contracts arid shall require the cointractor(s) to comply with alp the terms of this contract, Should Grantee contract the work and then decrease the scope of work to be perforrned by a contractor, Grantee shall provide County wrth a,n amended contract executed by Grantee and its contractor, (i) A Grantee which is a governrnental entity shall comply with the prOCUrenlent regulations and policies to which it is subject, and shall provide Grantor docurnentation of the procurement reqUirements applicable to the project arid compliance therewith, (ii) A Grantee which is a not-for-profit entity shall use procuren'ient processes for those parts of the project to be contracted (not performed by the entity's employees) as follows-, For work expected to be $10,0100 00 to $100,000, the not,-fo ir-,prof it shad doicurnerit and provide with the reimbursement request, 'two (2) or more writteri quotes for the goods or servuces For work expected to be more than $100,000 the, not for profit shall) dOCUment and provide with, the reimbursement request three (3) or more written quotes for the goods or services. When obtaining price quotes, the not.-for-profit must diligently sleek to obtain quotes and such efforts shoulid be dOCIUrnented (by noting calls and enlaiiis etc, Thfa,Turtle HospitaPi Guest Tk Rch Down Shades FY 2024 Capital Project Fundung — 3'11 ROUnd Cwitract 0#3178 2 ­­­............. ................................ ............................... by staff and/or the project manager) and prove ded with the reinibursenlent request. In the event that the required number of quotes are not obtained a notarized statement from the President/Chief ExeCUtive Officer of the not-for- profit shall explain why the requrred nurnber of qUotes were not obtain and certifying that the not-for-profit has made all efforts to obtains the number of qlUotes required must be provided. This should inClUde all documentation of the efforts to obtain the required number of quotes,. if the commodities or services will be provided by a "sole source" provider, the not-for-profit inIust Submit a notarized statement with its request for payment explaining why the vendor is the only source for the comr-nodities or services. The Grantee ShOUld submit the "sole source" jUsfificafion to the TDC Administrative Office for review and approval by the County'. Failure to obtain advance approval for a "sole source" expenditure may cause true reimbursement to be disallowed for reirnbUrsernent by the County, c,) Grantee shafli exercise good internal controls to assure that the project as described in the funding application sliall be completed oin a tirrely basis within the proposed budget and shall provide to COLUIty any certifications, including those by the architect, engineer, contractor or an independent consultant if necessary, required to establish that materials which are purported to be appilied to the project are in fact so applied, Further verification shall be required to show that equipment and other fixtures and personal property covered by this agreernient are delivered to and installed in the project site,. When any perrmt is required by any governmental agericy, copies of plans and other docunients which are submitted to the applicable agency shall be Submitted to the County Engineering Divrsiiioin to enable verification that the scope of services Under this agreement has been provided, 3, AMOUNT OF AGREEMENT AND PAYMENT The Grantor, shall provide an aniount riot to exceed $36,800 C !:r qy_�iThousancdj EJ �hit Hundireld Dollars TDC District Ill ftinding) for niateriWs and services used to iumpr,ove the property. ReirribUrsernent request MUSt show that Grantee has paid in full for materials and services relating to the segment pnor to seeking the 80% (eighty percent) reimbursement from Grantor. Payrilent shall be 80% (eighty percent) reimbursement of the total cost of the segment, subject to the cap on experiditures -foir that segment as set forth in Exhibit A, Reinrbursen,ient can be sought after each segriient of the agreement is completed and signed by the Monroe County Engineering Depairtment, as outlined in Ia. The Board of County Commissioners and the Tolurist Development Council assunie no liability to fUnd this agreement for an amount in excess of this award', Monroe County's performance and obligation to pay Under thus agreement is contingent upon an annual appropriation by the BOCC. a.) Payment shalll be made upon the cornpletion of a specific segment as outfirred in the Scope of Services and Exhibit A Payi-rent for expenditures permissible by law and COW"Ity policies shall be made through reirnbUrser'nent to Grantee Upon presentation olf Applicalfion for IFayrnent SUmmary, invoices, canceled checks, before and after PiCtUres, COUnty Project Manager signature of inspection and other, dOCUrnentation necessary to support a claim for reurnbursement. Included in said The'TLirt�e I-iospftal GUest 'Fk RoH Dowr� Shades FY 2024 Capital Projewct Furiding - TdROLMd Contract 0#3178, 3 ....................... ........... ................. .......... clOCUrnentation shaH be proof that the Grantee has received the property, real or personal, for each segment of agreen'ient as, outlnned in Exhiibit A and paid an arnount eqUal to or greater than the amOUnt inv6ced to the Grantor It shall be necessary' 'for the Grantee to contact the COUnty Engk'ieerang Division (Steven S nders,- phone: 305-295-4338 emaii, Saiiders,,Steven@Monr Ltrity,-Fl,gov) and to arrange for nnspectlon upon the cornpietion of each segment It shall be the responsibiiity of the project manager to initiate the con"inlunication with the Monroe County Engineering Division to facilitate the inspection oaf the segment of the project, The application for payment d0CUment must be certified through a staternent signed by an officer of the organization and notarized, declaring that representafions in the invoice are t9_Ue and faCtUal. AIll payment requests must be Submitted to the TDC administrative office no later than September 30, 2024. Invoices received by the TDC administrative office after September 30, 202,4 wiil not be considered for payment. b ) If in-,kind services were inoted within your applicatlon, rndl you are applying them to this, project, documer-itation shall be submitted to the TD,C Administrative Office to show the recelpt and appliication of in-kind donations of goods, professional services, and rnaterlais. Said dOCUrrentation should rrwclude inv61ces, bills of lading, etc_ and be verifiiled as received and appiied to the project thrOUgh a notarized statement of the project manager and said documentation subniftted to the TDC Adiftnistrative Office, All subrnissions shall identify the items included in Exhibit A and Grantee shail complete the Application for Payment fora which is provided within the payment/reirnbursernent packet. This docurnent should be signed by the project manager. The Project Manager shall certify cleirvery to the 1project site arid installation thereiin of any goods or services provided other than through an architect, engin:leer or contractor, Nil work performed and goods received on site and incorporated into the project shall be verified by one of the foreg6ng. Submission of any docunleritation which is Untrue, falsified, or otherwise niisrepresents the work which has beam completed, paid, or donated shall constitute a breach of agreement, for which the contract may be limrne6ately terminated at the discretion of the Counity, whose decision shall be final, c.) At any fime that the dOCUrnentation reqwrement policies of Monroe Couinty are revised, such as to require annual inventory reports for equipment purchased under a TDC capital project grant, Grantee shall comply theireafter with such kicreased reqUirements, or further funding under the agreement may beter-minated by County. d.) UpOrl successful compietion of: this Grant agreement, the Grantee in-lay retain ownership of the real and persor4 property acquired and/or imiproved with funding under this Grant agreer'nent, However', the Grantee shafl niaintain, preserve, arid operate the property which was acquired or improved under this agreement for the Uses and purposes which qualified the Grante(--) for tourist development tax funding Grantee shall coniplete and sign a Property Reporting Form, upoin request for The Turtle HospitaV Guest Tk RoV Down Shades FY 20,24 Capital ProjecA FLMdOg — 31 dROUnd Contract ID#3178 4 ................................................................................ personal property and forward said completed form to the TDC Acirninistrative Office, Real property acqUired or improved through fund4ig under this agreement shall rernarin dedicated for the PUrposes set foith herein or for, other piurposes which promote toui1srn and ownership of said property shall be retained by the Grantee, The foHowing terms shall apply: (i) The Grantee shall have the use of the property, including both real and personal, acquired with fUnding under this agreement, at the project site for sun long as the facility is operated by Grantee, open to the puUic, and has a primary PUrpose of pronioting tourism. At such time as any of the conditions in the preceding sentence sl,,iaiil cease to exist, the Grantee shall transfer ownership and possession of eqUipment and personal property to a local government or another not-for-profilt organization which is, a faciirty for which, tiOUrist developi-anent taxes aiay be used PUrSUant to Florida StatUte, 125.0104 with prior approval frorn 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 facflity aciqUiredi, constructed, or renovated with touhst development tax fUrlding, (b) demolishes the project facility or divests itself of ownership or possession of the real property, or (c) ceases the, use of the property with a primary PUrpose of promoting tourism, Grantee s,hall, pursuant to, the formula set forth hereafter, refund to the COUnty the TOUrist Development funding, 'This provision shall survive the termination date of all other provisions of this contract fora pehod of ten years,. ShOUld the,demolition, transfer of ownership, or, change to a, non-tou6st related Purpose OCCUr, the arnOUnt of refund shall be pro-rated based: on a useful life of ten (10) years. (iii) 1-he Grantee is responsible for the implementation of adequate, maintenance procedures to keep the real arid personal property In good operating condition, (iv) The Grantee is responsible for any ioss, claniage, or theft of, arid any loss, damiage or injury caused by the Use of, real or personal property or equipment PUrchased thrOUgh funding Under this agreement, 4 RECORDS AND REPORTS. T lie Grantee shall keep such records as are neciessary to dOCUrnentthe perforrnance of the agreen'ient and expenses as incurred and give access to these records at the request of the TDC, the COL111ty, the State of: Florida or author1zed agents and representatives of sand governnient bodies, The Grantee shall also provide SUch access 'to the personal Property and eqUipment pUrcliased under this agreernent It is the responsibility of the Grantee to marritain appropiriate, records in accordance with generally accepted accounting principles consistently applied to insure a proper aCCOUnting of alil fUnds and expenditures The Graintee understands that it shall be responsuble for repayment of any arid all audit exceptions which are identified by the Aluditorr General for the State of Florida, the CIerk Of COUrt and Corniptroller for Monroe COUnty, the Board of County Comm�ssioners for Monroe County, or their agents and representatives, If arl audit The TUrfie Hospital Guest Tofu RoH Down Shades FY 2024 Capita Project FlUnding - 31" ROUnd C."lontract ID#3178 5 .............. ............ deter-niiiies that nionres paid to the Grantee PlUrsuant, to this agreement were spent for purposes not authorized by this agreement, the Grantee shall replay the monies together with interest calculated pursuant to Sec. 55,03, F.S. running frorn the date the monies, were bald to Grantee. In the event of an audit exception, the current fiscal year grant award or subsequent grant awards will be offset by the arnourit of the audit exception In the event the grant ii!s not renewed or supplernented in future years, the Grantee will be billed by the Grantor for the arnount of the audit exception and shall promptly repay any aucilt exceptiorl, a) Public Access, The County and Grantee shall) allow and permit reasonable access to, and inspection of, all documents, papers, letters or, other rnatehals in its possession or under its control subject to the provisions, of Chapter 119, Florida Statutes, and made or, received by thie County and Grantee in conjunction with this agreement; and the County shaH hiave the right to, unilaterally caricel this agreernent upon viollatlon 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 h oard of County Cornmissioners, for Monroe County, The terrins, covenants, conditions, and provisions of this agreernent shall bind and inure to the beriefit of the County and Grantee and theur respective legal representatives, SLICCeSSOPS, and assigns, & INDEPENDENT CONTRACTOR. At all times arid for all pUrposes, hereunder, the Grantee is an independent contractor, and not an employee of the Board of County Commisslioners of Monroe County. No staternent contained in this agreement shall be construed as to find the Grantee or any of lts, employees, contractors, servants or agents to the employees of the Board of Courity Coniriiissioners of Monroe County, and they sh;41 be, entitled to none of the rights, privileges or benefits, of employees of Monroe County. a.) No Personal Liability, No covenant or' agreerTient contained herein shall be deemed to be a covenant of agreernent of any member, officer, agent or ernployee of Monroe County in his or her individual capaclty, arndl no i"nernber, officer, agent or ernployee of Monroe COUrity shall be liable personally on this agreement or be subject to any, personal liability, oir accountability by reason of the execution of this agreen,-ient. 7, COMPLIANCE WITH LAW In carrying OLA its obligations under, this agreement, the Grantee shall abrde by all statutes, ordinances, rules arid regUlations pertaining to or regulating the provisions of this, agreement, lricluding those now in effect and hereafter adopted. Any vlolation of said statutes, ordinances, rules or, regulations shall constitute a material breach of this agreement and shall entlitle the Grantor to ternrirnate this agreement kninedilately upon delivery of written notice of termination to the Grantee. & RESTRICTIONS ON AGREEMENTS ENTERED PURSUANT TO THIS AGREEMENT The Grantee shall include in all, agreements funded under this agreement the following terrns: a.) Antl-discriminatlon. Contractor agrees that it will not discriminate against any ernployees or applicants for employment or against persons for any other benefit or, Thel"urte Hos0ta Guest"Tk RoH Down Shades FY 2024 Ca pitatl Project Fuiiding- 3111 Round Cointract 0#3 178 6 ................. .................................... service under this agreenient because of their race, color, religion, sex, national origin, oir physical oir mental handicap where the, handicap does not affect the ability of an incIMCILra{ to, perform in a position of errpgclyrnent, and to abide by all federal and state laws regarding non-6scriminafion, b,) Anti-kickback. Contractor warrants that no person has been employed or retained to solicit or seCUre this agreement upon an agreernent or understanding for a commissiori, percentage, brokerage or contilngent flee, and that no ernployee or officer of the Contractor, has any interest, financially or otherwise, in the COUnty. For breach oir violafion of this wairranty, the County shall! have the right to annul this agreement without liability or, in its discretion, to deduct froni the agreement price or consideration, the full aMOUnt of such commission, percentage, brokerage or contingent fee Contractor acknoMedges that it is aware that fun&,Ig for fl-lis agreement is avaflaNe at least in part through the County and that violation of fts paragraph may result in the County withdrawing funding for, the project, C�.) Hold! hiairnless/indeliTlm'lifical,tiotI Colntr ,ractor acknowledgesthat this agreement is funded at least in part by the County and agrees to iindernnlfy arid hoH harmless the COLinty and any of its officer and employees from and against any and all clairils, liabilities, lifilgafion, GaLISeS of action, darnages, costs,, exlpenses (lnclucling bUt not limited to fees and expenses arising froi-n any factual investigation, discovery or preparation for litigation), and the payment of any and all of the foregoing or any dernands, settlerrients or, Judgments (collectively clainis) arislng directly or indirectly from any negligence, wrongful acts or omissbns or crimii,4 conduct on the part of contractor in the performance of the term s of this agreement, The contractor shall lrr'umediately giive notice to the County of any suit, clairn or action made against the contractor that is related to the activity under this agreement, arid will cooperate with the County in tl"ie investigation arising as a result of any SUlit, action or claim related to this agreement, d,) Insurance, Contractor agrees that it maintains ln force at its own expen:se a IlabiRy insurance poliicy which will insure and itndeninrfy the contractor and the County from any SLJtS, clairns or actions brought by any person or persons and from all costs and expenses of litigation brought agains,t the contractor fOl' SLIch illjUries to persons or darnage to property occurring during tine l agreennent. or thereafter 'that results fronn performance by contractor of the obligations set forth in this agreerilent, The following coverage's shall be provided: 1 Workers' Compensation inSUrance as required by Florida StatUtes, 2, Colmmerc4 General LiabiRy lnSUraince Mth MiflinIUM lirniits of $5010,000 per occurrence for bodily iI'IjUry, personal injUry and property damage, 3 Coniprehensivel At.ito Liabilfty insurance with rninilinurn Hrilits, of $300,000 combined single Ilaif pear occurrence The 'Turfle Hcspitap Guest Tk Ro own Shades FY 2024 Captall Project Funding -- 3111 ROUnd Coritrad 0#3178 7 1'he contractor, the COUnty and the TDC shall be rrarned as additional insured on inisurance policies, except workers' compensation. The policies shaH provide no less than 30, days' notice of cancetIation, non-renewal or reduction of coverage At all firnes, during the term of this agreement and for One year after acceptance of the project, contractor shaH aiaintain on file with the County a cer1lificate Of iIISUrarlce showing that the aforesaid insurance coverage are in effect. e.) Licensing and Permits, Contractor warrants that it shall have, prior to con,irriencemerit of work under this agreenient and at all times during said work, aH required licenses and permits whether federal, state, county or ciit,y. f') Right to Audit, "The contractor shall keep such records as are necessary to document the performance of the agreernent and expenses, as incurred, and give access to these, records at the request of the "TDC, the County, the State of F orida or, authorized agents and representatives of said government bodies 9. HOLD HARM L.ESS/1 NDEMN IF lCA110N. The Grantee hereb agrees to indeminify and hold hair-niless the BOCC/TDC and tf,-ie 3406 North Roosevelt Blvd. Corporation or any of lts officers arid ernployees from and against any and all clairns, liabilities, litigation, causes of action, damages, costs, expenses (4iCkjding but not limited to fees and expenses arising frorn any factual investigation, discovery or preparation for litigation), and the payment of any arid alll of the foregoing or any demands, settlements or judi,gn,-)ents arising directly or indirectly under this, agreement, "The Grantee shalt inirne6atiely give notice to the Grantor of any suit, clairn or acfion made against the Grantor that is related to the activity Under this agreement, and will cooperate with the Grantor in the investigation, arising as a result of any suit, action or clain-) related to this agreenient, a) Non-Waiver of Immunity, Notwithstan(fing the provisions of Sec, 768,28, Florida StatUtes, the participation of the COUnty and the Grantee in this agreement and the acquisition of any coninier6al liability insurance coverrage, self4SLjrance coverage, or local government habilrty insurance pool coverage shad riot be deerned a waiver Of iRIMUnity to the extent of liability coverage, nor shall any contract entered into Iby the County be required to contain any provision for waiver, b ) Pr,iiviilegies and Irrununities. All of the privileges and irril-nunities from iiability, exerriptions frarn laws s, ordinances, and alles, and pensions and relief, dis,ab lity, workers' compensation, and other benefits which apply to the activity of officers, agents, oir ernployees of any PLAblic agents or enip oyees of the County, when, performing their respective funcfions, under this agreement within the territorial Hn`)itS of 'the County shall apply to the sarne degree and extent to the performance Of SLIC11 functions and duties of such officers, agents, volunteers, or en,iployees outside the territorial limits of the COU11ty, 10 NONDISCRHINA-riON County and Grantee agree that there, will) be no discrimination against any person, and it is expressiY Understood that Upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement The Tuite Hasp Aa; Guest Tk! RoH Down Shades FY 2024 Capitai Project Funding — 3111 ROUnd Contract 0#31'78 8 ................................................. --—-------- aUtOnlafiCaliy terminates without any further action on the part of any party, effective the date of the court order. County or Grantee agree to corriply Mth all Federal and Florida statutes, and all local ordinances, as applicaNe, relating to riondiscrimination These include but are 110t lin"irted to: 1) Title VII of the DOI Rights Act of. 1964 (PL 88-352) which prohibits dlscrin-iiriatlon on the basis of race, color or national orig4ii 2) Title IX of the EdUcafion Arnendment of 1972, as arnended (20 USCG ss, 1681-16�83, and 1685-1686), which pirohibits discrimination on the basis of sex, 3) Secfion 504 of the Rehabilrtatnion Act of 1973, as an'iended (20 USCG s, 794)1, whlch prol-flbits discrimination on the basis of dlsablllfies; 4) I-lie, Age Discrimination Act of 1975, as amended (42 US C ss, 6101-6107) which prohibits discriiTiination on the basis of age; 5) The Dirug Abuse Office and Treatment Act of 1972 (PL 92-.255), as amended, relating to nondnscrim na,hon on the basis of drug abuse, 6) The Comprehensive Alcohol Abuse and X,coholisirn Prevention, Treatment and Rehabflitaflon Act oft970 (PL 91-616), as amended, relating to nondiscrimination on the Ibasis of alcohol abuse or aIcoholisni; 7) The Public Health Service Act of 1912, ss,. 523 and 527 (42 USCG ss. 690dd--3 and 290ee-3), as amended, relafingto confidentiality of alcohol and drug abuse patient records, 8) 1"itle VllI of the Civil Rights Act of 1968 (42 USC s, et seq), as an)ended, relating to nondiscrimination in the sale, rental! or financing of hOUSing; 9) The Arnericans, with Disabilities Act of 19910 (42 USC s, 12101 Note), as r7raybe amended from time to firne, relating to nondiscrimination ontl-ie basis of disabilityi '10) Monroe County Code Chapter 14, Ailicle II, which, prohibits discriminafion on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, faniflial statLJS or. age, 11) any other nondiscrimination provisions un any Federal or state statutes which may apply to the panties to, or the subject matter of, this Agreement 1. ANTI-KICKBACK, The Grantee warrants that no person has been en'lployed or retained 'to solicit or, secure this agreement upon an agreement or Understanding for a commission, percentage, brokerage or contingent fee, and that rro employee or officer of the County or TDC has any interest, financially or other"wise, in the said funded project, except for, general membership For breach or violation of this warrainty, the Grantor shaU have, the right to, annul this agreement without luabilrty or, in its discretion, to deduct frorn the agreen-ient price or consideration, the fUll amount of such commission, percentage, brokerage or contingentfee. 12, TERMINATION, This agreement shall terminate on September 30, 2024, Teri-ninafion prior thereto shall occur whenever funds cannot be obtained oir cannot be confirlLied at a level SUffiCient to allow for the continuation of this agreement pUrSUant to the ternis herein In the event that funds cannot be continued at a he el sufficient to allow the continuafion of this agreen'ient pursuant to the tennis specified herein, this agreement, may then be terminated inirnediately by the TDC administrative office providing written riofice of terniination delivered in person or by in-4l to Grantee, The Grantor may terminate this agreement without cause Upon gMng 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 11 TERMATION FOR BREACH, The Grantor may inirnediately terminate this agreement for any breach of the tennis contained herein. Such ten-nination shall take place immediately Upon recelpit of written, notice of said termination. Any, waiver of any breach of The Turfle llosrmtai GG,iestl)k� IRoii Down Shades FY 2024 Cap tak Project Fundng -- VROUnd Contract 0#3178 9 covenants herein contained to be kept and performed by Grantee shall not be, deenied or considered as a continuing waiver and shall not operate to bar or prevent the Grantor frorn declaring aforfeitUre for any succeeding breach either of the same conditions or of any other condiftions. Failure to provide Grantor with certification Of Use of mats hing funds or matching in-kind services at or above the rate of request for reinibUrserrient or payment is a breach of agreement, for which the Grantor may terrninate this agreement upon giving written notification of termination. 14, ENTIRE AGREEMENT. This agreement constitutes 'the entire agreernent of the parties hereto with respect to the subject matter hereof and supersedes any and ail prior agreenients with respect to such Subject matter between the Grantee and the Grantor, 15, GOVERNING LAW VENUE, INTERPRETATION, COSTS, AND FEES 1"his agreen"ient 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. P'lls agreement is not subject to arbitration. Mediation proceedings initiated and conducted pursuant to this agreement shall be in accordance with the Fiorida, RLAles of Civil Procedt,ire and iusuai and CUstornary procedures required by the CirWit COUIrt Of Monroe County. a,) Venue. In the event that any cause of action or, administrative proceeding is instituted for the enforcement or i rite rp retatlo n of this agreement, the County and Grantee agree that venue shall Iie in the appropriate court or before the appropriate administrative body in Monroe County, Florida, b.) Severability. If any terirn, covenant, condition or provision of this agreernent (or the application thereof'to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of coirripetent jurisdiction, the remaining terrris, covenants, conditions and provisions of this agreement, shall riot be affected thereby, and each remaining temi, covenant, condition and provision of this agreement shall be valid and shall be enforceable to the fullest extent perrnitted by law unless the enforcement of the reirnaining terms, coveriants, conditions and provisions of this agreement woulid prevent the accornphshment of the original intent of this agreernent. 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 latent of the stricken provision, c ), Attorney's Fees and Costs. The County and Grantee agree that in the event any cause of action or administrative proceeding is ii irtiated or defended by any party rehati:ve to the enforcenier-it or interpretation of this agreement, the prevaifing party shall be entitled to reasonable attorney's fees, court costs, investigative, and OUt-Of- pocket expenses, as an award against the rion-prevailing party, and shall inClUde attorneys fees, Court costs, investigative, and 01 Lit-of-pocket expenses in appellate proceedings. d.) AdjUdication of Disputes, or Disagreernents. County and Grantee agree that all disputes and disagreeffients shall be attempted to be resciWed by rneet and confer sessions between representatives of each of the parties, If the issue or iSSUes, are The Turfle Hospita4 Gue,,,,,t Tk RoH Down Shades FY 20,24 Capital Project Rlnd nc,,; — 31" Round Contract I D#31 78 10 ............ still not resoWed to the satisfaction of the parties, then any party sh,41 have the right to seek such relief or remedy as may be provided by this agreement or by Flo rid a law. This agreement shall riot be s,ubject to arbitration, e.) Cooperation. In the event any administrative or legal proceeding is ir)SfitUllred against either party relating to the formation, executlon, performance, or breach of this agreement, Ccounty and Grantee are to participate, to the extent reqUired by the, other party, in all proceedings, hearings, processes, meetings, mind other activities related to the substance calf this, agreennent or, provision of 'the services Under this agreement, County and Grantee specifically agree that no par-ty to this agreement shall be required to enter into any arbitration Iproceedings r61ated to this agreement, 16, ETHICS CLAUSE: The Event Contractors, warrant that, in respect to itself, it has, rierther ernployed nor, retained any company or person, other than a bona fide employee working sole y for rt, to solicit or secure this agreement and that it has not paid or agreed to pay, any personi company, corporation, individUai, or firm, other than a bona fide employee working sole y for it, any fee, cornrn4ssion, percentage, gift, or other consideratenon contingent upon or resultrnig from the award or making of this agreenient For the breach or violation of the provision, the Event Contraictor algireles that the County shall have the right to terrninate this agreernent without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full aniOUnt of such fee, conirnission, percentage, gift, or icons ideration 17, PUBLIC EN'flTY CRlME STATEMENTI A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not subn* a bid on an agreernent to prove de any goods or services to a public entity, may not SlUbi-nit a bidl on an agree rrerit with a public entity for, the COnStIlIction or repair of a public building or public work, May neat SUbmit bids, on le ses of real property to pLiNic entity, may not be awarded or perform work as a contractor, SLJPPlier, SUb-contractor, or consultant Under an agreement with any public entity, and niay, not transact business with any public entity in excess of the threshold anIOUnt provided in Section 287,017, Florida Statutes, for CATEGORY' T'WO for a period of 36 rnionths, from the date of being placed on tt'le corlOcted venidor fist, By exeUffing this document grantee warrants that it is in compliance with, this paragraph, 18, Au-rHORITY: 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 ens the futi name as designated in lts corporate charter (if a corporation); they are ernpoweredto act and contract for the Grantee-, and this agreement has been approved by the Board of Directors of Grantee or other appropriate aLlthority, 19 UCENSING AND PERMIT& Grantee warrants, that it shall have, prJor to corTirnencernent of work Linder'this agreement and, at all times during said work, all required ii1censes and perrnits whether federal, state, county, or city. 20. lNSURANCE, Grantee agrees tt-iat It rnauntarns, in force at its own expense a Iiabilmty inSUrance policy which MI insure and indemnify the Grantee and the Grantor from any suits, The 'rurfle Host tar GUE'St Tk� oH IDown Shades FY 2024 Cap�ta� Project FlUn&ig­ 3"" Round Coritrad 0#3178 ........................... ...........­­..........­_­',',.._...­.................. claims or actions brought by any person or persons and frorn aH costs and expenses, of Iifigation brOLIght against the Grantee form SUch 01jUries to persons or damage to property OCCUrring during the agreement or thereafter that, reSLJItS from performance by Grantee of the., obligations set forth in this agreeirnent At all times dUring the terrn of this agreement and for one year after acceptance of the project, Grantee shall maintain on file with the Grantor a certificate of the insurance of the carriers showing that the aforesaid': insurance policy is in effect, The followirig coverage's shall Ibe provided. 1. Workers' Compensafion insurance as reqUired by Flor'iidla StatUtes. 2 CorriirnerciaI General Uabiliity InSUrance with m0lMUM Hrrits Of $5001,000 Con-ibined Sirigle Un,iit (CSL) If split limits are provided, the mininlUrn krilits acceptable shall be $2501,000 per Person $5010,000 per OCCUrrence $50,000 property damage. 3. Comprehensive Busrness AUto Liability' Insurance with rninimurn Ilmits of $300,,000 cornbined single, limit per occurrence. The Grantee, the Grantor arid the TDC shaH be naiiied as additional insuired, except workers' compensation. The policies shall proviid:e 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 reqUrred insurance, lrlClUding the insurance 1policy application and either: • OriginaI Certificate of inSUrance, OR • Certified copy of the aCtUal inSUrance poficy, OR • Certificate of Insurance e-mailed from InSUrance AgentJCornpany to County Risk Management - Telephone Brian Brad Iey at (305) 292-3470 for detafls (Certificates can be e-mailed 6rectly froirri the insurance agency to- Bradjp, an-Bir t y d or�rceQOLKI Y­ 1_Qpy " "The e­n"41 RIUSt state, that tNs is a certificate for a TDC project and Should be forwarded to Artimie Macharl at the TDC administrafive office) Ail oriig4ial certificate or a cerfified copy of ainy or afl 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 rriust state that the Monroe COUnty BOCC and Monroe Courity TDC is the Certificate Holder and ad6fional InSUred for this contract (certificate rainy for workers' compensation cove,rage), 111SUrance information ShOWd be mailed to; Monroe County Board of County Comaiiss&ers c/o Risk Managernent P,0, Box 1026 Key West, FIL 33041 The Turfle fiospta4 Guest 1'4o RoH Down Shades FY 2024 Captaa Project FUnding -- 3 Id Round Contract 0#3178 12 21, NOTICE. Any notice required: or permitted under, this agreement shall be in wrrting and hiand delivered or mailed, postage prepaid, to the other party by certified rnak, returned receipt reque ted to the followrng: For Grantee: Bette Zirkeibach Hidden Harbor Marine Environmental Project, Inc, 2396 Overseas Highway Marathon, FL. 33050 For Grantor: Maxine Pacini Monroe County Tourist Development CounciI 1201 White Street, Suite 102 Key West, FL 330,40, and Ms, Christine I-imbert-Barrows, Ass,t, County Attorney P.0, 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 irnposed as a reSLIlt of funding that effect the Project will be provided to each party, 23. NON-DELEGATION OF CONSTITUTlONAL OR STATU'TORY DUTIES, This agreement is not intended to, nor shall it be construed as, relieving any pailicipating entity frorn any obligation or responsibility imposed Upon the entity by law exceipt to tl,"ie extent of actual and tim0y performance thereof by any participating entity, in which case the performance Miay be offered in satilsfactron of the obliglafion or, responsibillty. FLirther, this agreernent is riot 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 constitutiori, state statute, and case law. 24, NOWRELIANCE BY NON-PAR TIE S No person or enfity, shall be entitled to rely upon the terms, or any of thern, of this agreement to enforce car. atteiript to enforce any third- party claim or entitlement to or benefit of any service or prograrn contemplated hereunder, and the County and the Grantee agree that neither the County nor the Grantee or any agent, officer, or eff1ployee of either, shall have the aLithority to inform, counsel, or otherwise indicate that any partiCUIar individual or group of indhividuals, entity or entities, have enfifleinents or benefits, under this agreement separate and apart, inferior to, or superior to the commurlity in general or for the purposes con ternpiated in this agreement, 25. FORCE MAJEURE. The Grantee shall not be liable for delay in performance or, failure to cornplete the projec,t, 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 teirrorism, irripacting travel The Turtle Hospitar &jest Tk Roff Down ["odes FY 2024 Capital Project FUrdng ­ 3"" Round Contract V D#31 78 13 .............. in the United States, kisurrection, riot or civ,il cominofion, act of pubk enemy, epidemic, quarantine rest6ction, storm, flood, drOUght Or- other act of God, or act of natUre (Including presence of endangered anima� species which cannot be timely removed in a safe manner) or any act of any governmental aUthority wNch Iprohibits the project firon'i proceeding as desc rib ed in the scope of services and incorporated references and which the Grantee has exercised reasonable care in the prevention thereof, However, 1ack of p4rining fear normal and expected weather conditions for the time olf year the project is to be exeCL,Ited shall riot constitute an act of God excusing a d6ay. Array delay or failure due to the caUses stated shall not COnSfitUte a breach of the agreernent; however, the Grantor, shall f,iave the night to determine if there, wfll be any redUction to the arTmUrlt of funds due to the Grantee after consideration of all relievant facts and crrUifn`stances SUrrounding the delay in perforrnance or failure to complete the project within the co ntract period Upon dernand of TDC or Grantor, the Grantee must furnish evidence of the causes of such delay or 'failure, Grantor shah not pay for any goods received or services prodded after the date(s) described 'M paragraph 1 and Scope of Services 26. EXECUTlON IN COUNTERPARTS. This agreernent may be executed in any number Of COUnterparts, each of which shalJ be regarded as air original, alV of which takeri together shall CO[IStitUte one and the sai'-ne instri,,Jrnent and any of the parties hereto may execute this agreement by signing any such counterpart, 27, SECTlON HEADINGS Section headings have been inseirted i'in this agreement as a matter of convenience of reference eerily, 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 prov situ of this agreement. 28, MISCELLANEOU& AS Used herein, the terms "contract" and "agreement" shall be read interchangeaWy, 29. COUNTY FORMS: By srgning this Agreement, GRANTEE hi as sworn or affirmed to the following requirements as set forth in the Ethics Staternent and Non-CollUsion Affidavit as, set forth in more detain in this Agreement, a) Ethics Clause� By sigriirig this-Agreeirent, the, GRANTEE warrants that he/it has not employed, rent flied or otherwise had act on his/her behalf ally former County officer orernployee in violation of Section 2 of Ordinance No. 010-1990 or any COLInty officer or, ernployee in violation of Section 3 of Ordrnancle No. 010-1990. For breach or violation of this provisuon the Couinty may, in its 6scretion, term nate this Agreement without lia bill rty and r-nay also, in its diiscretlion, dedLICt from the Agreernent or, purchase price, or otherwise recover, the full aniount of any fee, cornmissi'on, percentage, gift, or consideraflion paid to the 'fori-ner COUnity officleir or ernployee b) Non C011USion Affidavitr —, GRANTEE by signing this Agreement, according to law on my oath, and under penaity of perjUry, depose and say that then plerson signing on behalf oaf the firm of GRANTEE, the bidder niaking the Proposal for the project described in the Scope of Wark and that I executed the said I he "I'drde HosptaR Guest Tk Rod Down Shades FY 2,024 Capital Project Funding V Round Co ntract 0#3178 14 ......................... ............................ ........................ proposal with full authority to do so-, the prices ln this bid have been arrived at independently without Collusion, consultatlon, communucation or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prioir to bid opening, directly or indirectly, to any other bidder or to any competitor; and no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit iiin awarding contracts for said project. The Turtle Hospital Guest "'Fiki Rot; Dowr Shades FY 20124 capital Project Funding 3 d Round Contract I D#3178 115 .................. ...................................... IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. ,:\;/;z„ (---,...:(SEA11) N:::';:,,:;',,, Board of County Commissioners \--Attest Kevinif4iMadok, Clerk of Monroe County •:',.-T-':'.it '',',...:,,:,-,,,,.1:: :::.. \\v.'', eA:i;',:' 'i 1 •,,,,,,,,:, ,-,:,,,,,,,--::'4,,,,,, ‘ \,,----.2.,,,i,:-:,-,,,,,•-?,k-,3; IS z , , Mikw k ' • ‘41.• # i ,,, \-'1,,,::<-,-.',;''''.:-•:,,,-,', '7"-:-: ,..,..' '''DertAity C ler Mayor/Chairman =:\L----As MONROE COUNTY A1TOFtNEY Hidden Harbor Marine-- mironm ental Project, Inc 4. ,PPR, V, 1?AS TO FORM: CHRISTINE LIMBERT-BARROWS ASSISTANT COUNTY ATTORNEY DATE: 4/1/24 . ,,,,, ,---.— ( ,:v „ 7,-.7..,—........) ,,,,..., cv /,..,.„ ..., By .-„,--7:------ /,-,7---„,- ..:,-------- Dr. --ri .---President /// C'''' c.:,) ;:z a re....) ---- = r il' r.,illare ,,,, imOr) -1- ( .,.),,,z IV' Print Name c..) -7, tn Date: 03 (3)61 4 ,,,, 0). ..-,---3 AND TWO WITNE S S j to c:--; — , ,,. .....................,,...........,..., (2) .,...,-; (1) BettellY', ach (2) Y.:4),r r f1b,[)(j1-1-- Print Name Print Name Date: 0'3 ac 1 it. t-/ Date: The Turtle Hospital Guest Tiki Roll Down Shades FY 2024 Capital Project Funding - 3rd Round Contract ID#3178 , 16 ............,... ......... _____ .....,.,... ... , _. ......„................... .• ,.........____________ . .......__.... ___... _______. .........,.,....... .......•___,......... ._...., 0 0C") 40 W 'r... ui 0 0 0- 0 C =� O Up U ol li E i0 j °a u 0 0 1 lu WD - (D aw _0 Q) :D . cL '1 " ' 01 —) v. E CIS 0- 22 04. y L C d. m ITJ °° -0 � � ° Ill k— 0 z 0 f1 Cl k C 4 0 0 � E 8i �. DATE(MM/DD/YYYY) AC"R" CERTIFICATE OF LIABILITY INSURANCE 10/18/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED 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 on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Andrea Dexter-Gaston ACSR NAME: Brown&Brown of Florida,Inc. a/CNi Ext: (305)714-4400 a/c,No): (305)714-4401 8825 NW 21stTerrace E-MAIL 050.edocs@bbrown.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Doral FL 33172 INSURERA: NOVA Casualty Company INSURED INSURER B Hidden Harbor Marine Environmental Project,Inc, INSURER C: DBA:Turtle Hospital INSURER D: 2396 Overseas Highway INSURER E: Marathon FL 33050 INSURER F: COVERAGES CERTIFICATE NUMBER: 2023 Master REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCEAUULbUbK POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE FX OCCUR PREM SDAMAGES Ea oNcurrDence $ 100'000 MED EXP(Any one person) $ 10,000 A Y CF1 ML1 000305301 08/23/2023 08/23/2024 PERSONAL&ADV INJURY $ 1,000,000 MOTHER LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 5,000,000 POLICY ❑ PRO ❑ LOC PRODUCTS-COMP/OP AGG $ 3'000'000 JECT: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident ANYAUTO BODILY INJURY(Per person) $ A OWNED �/ SCHEDULED Y CFlAU1000033401 08/23/2023 08/23/2024 BODILY INJURY(Per accident) $ AUTOS ONLY /� AUTOS X HIRED �/ NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY /� AUTOS ONLY Per accident UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 A X EXCESS LIAB CLAIMS-MADE CFlUM1000083901 08/23/2023 08/23/2024 AGGREGATE $ 4,000,000 DED I X1 RETENTION $ 10,000 $ WORKERS COMPENSATION p Irk, III SPER TATUTE EORH AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ N/A 9�F' W OFFICER/MEMBER EXCLUDED? .I, E.L.EACH ACCIDENT $ (Mandatory in NH) "^^' � E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 4 4 24 DESCRIPTION OF OPERATIONS below ,I ,„mm� '""""'""' E.L.DISEASE-POLICY LIMIT $ WAPM Will", DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe County Board of County Commissioners c/o Risk Management is an additional insured with regards to General Liability and Auto Liability coverage when required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. c/o Risk Management AUTHORIZED REPRESENTATIVE P.O.Box 1026 Key West FL 33041 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD DATE(MM/DD/YYYY) AC "R" �,. CERTIFICATE OF LIABILITY INSURANCE 11/13/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED 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 on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Doug Jones(for Paychex) PHONE 88g 627-4735 FAX c/o Artex Risk Solutions, Inc. (A/C, A/c No Ext: ( ) A c No E-MAIL om a P.O. Box 13838 ADDRESS: PEO—WorkC PCP Ychex.com Scottsdale,AZ 85267 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: American Zurich Insurance Company 40142 INSURED INSURER B Paychex PEO Holdings,LLC Alt.Emp:The Turtle Hospital 2054 Vista Parkway Suite 300 INSURER C West Palm Beach,FL 33411 INSURER D INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:23FL9751158001 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICYNUMBER MM/DD/YWY MM/DD/YWY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE1:1 DAM OCCUR PREM SESOEa oNcurrDence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ POLICY D PRO- JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY 1k, COMBINED SINGLE LIMIT $ Ea accident ANY AUTO „ ) , BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS 4 BODILY INJURY(Per accident) $ HIRED NON-OWNED .4.24 � �� '""'^'�.��, �„�^�"""'"""" PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident WAM wok $ UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 2,000,000 A OFFICER/MEMBER EXCLUDED? N❑ N/A WC 29-38-687-21 06/01/2023 06/01/2024 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 2,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 2,000,000 Location Coverage Period: 06/01/2023 06/01/2024 Client# 23111-1 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Coverage is provided for The Turtle Hospital only those co-employees 2396 Overseas Highway of,but not subcontractors Marathon, FL 33050 to: CERTIFICATE HOLDER CANCELLATION Monroe County BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1100 Simonton St. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Key West, FL 33040 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/031 The ACORD name and Joao are reaistered marks of ACORD