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HomeMy WebLinkAboutItem C32COUNTY of MONROE The Florida Keys BOARD OF COUNTY COMMISSIONERS Mayor Michelle Lincoln, District 2 Mayor Pro Tem David Rice, District 4 Craig Cates, District 1 James K. Scholl, District 3 Holly Merrill Raschein, District 5 Regular Meeting January 28, 2026 Agenda Item Number: C32 26-0311 BULK ITEM: Yes DEPARTMENT: Information Technology TIME APPROXIMATE: No. STAFF CONTACT: Alan MacEachern. AGENDA ITEM WORDING: Approval to cancel existing contract with Hotwire (originally Broadwave) for microwave internet services at the Marathon Government Center and the Sheriff's College Road location and pay Early Termination Fees (ETFs) of $4,496.97. ITEM BACKGROUND: After Hurricane Irma, Monroe County contracted with Broadwave to provide microwave delivered internet services at the Marathon Government Center and the Sheriff's office in Stock Island. That contract began on August 1, 2018 and has been renewed for consecutive 1 year renewals from 2021 through 2025. Having validated our usage of Starlink as a similar but superior "backup" internet service over the last full hurricane season, we would like to cancel this service. Early Termination Fees (ETFs) in this contract are calculated as 50% of the remaining contract amount: Account # 30270444 - MONROE COUNTY BOCC MARATHON GOVT CTR MRC $899.99 x 6 months remaining = $5399.94. Deduct 50% bringing the final ETF to $2,699.97 Account # 30270465 - MONROE COUNTY SHERIFF'S OFFICE MRC $599 x 6 months remaining=$3,594 . Deduct 50% bringing the final ETF to $1,797 The Total ETF for both accounts is $2,699.97 + $1,797 = $4,496.97 PREVIOUS RELEVANT BOCC ACTION: June 20, 2018 — Item C27 — Approved INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: Cancellation of Contract. STAFF RECOMMENDATION Approve DOCUMENTATION: Broadwave MSA 06 20 2018.pdf FINANCIAL IMPACT: Current monthly spend of $1,597 a month will be partially reallocated into additional upcoming land fiber connections and Low Earth Orbit (LEO) satellite connections — as well as permanent savings. C32. Approval to cancel existing contract with Hotwire (originally Broadwave) for microwave internet services at the Marathon Government Center and the Sheriff s College Road location and pay Early Termination Fees (ETFs) of $4,496.97. y oyr Kevin Madok, CPA 0; .... �.�.4F % Clerk of the Circuit Court & Comptroller — Monroe County, Florida Rok coUN DATE: August 23, 2018 TO: Alan MacEachern, Information Technology FROM: Sally M. Abrams, D.C. SUBJECT: June 20, 2018, BOCC Meeting - Approved Agenda Item Attached is an electronic copy of the executed agenda item listed below for your handling. C27 Board granted approval and authorized execution of a three year Contract with Broadwave, the sole provider of Microwave Internet Service in the Florida Keys, to install service at the Marathon Emergency Operations Center and the Sheriff's Complex on College Road in the amount of $68,928.00. Please contact me at extension 3550 with any questions. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 305-294-4641 305-289-6027 305-852-7145 PK/ROTH BUILDING 50 High Point Road Plantation Key, Florida 33070 305-852-7145 MEMORANDUM OFFICE 0F,rF1E C01JN,rY ATroitm.y 1111 12"'Strect, Stutc 1108' Kcy West, FL 3301,0 P1 lonc (305)) 292-3 1,70/Fax (305 J) 292-135 J 16 TO: Pam Hancock Deputy Clerk FROM: Akira Campo) Executive Acin -'trator DATE: August. 20, 2018 SUBJECT: BOCC Meeting 6/20/18; Approved Agenda Items C27 (4323) C. BULK APPROVALS - Page 5 C27 Approval of a 3 year contract with Broadwave, the sole provider of Microwave Internet Service in the Florida Keys, .to install service at the Marathon Emergency Operations Center and the Sheriff's Complex oil College Road in the amount of $68,928. Enclosed: One (1) originally executed and stamped original Agreement for execution by the Mayor, processing in BOCC records and distrihUtiOn. AIL B `Qadwa,ve THIS MASTER AGREEMENT ("Master Agreement") is made this 20th day of June, 2018 the 'Effective Date"), by and between Broadwave ("Broadwave"), with a principal place of business �t 1111 12th Street, Unit 106, Key West, Florida 33040 and Monroe County Board of County Commissioners ("Customer"), with a principal place of business at 1100 Simonton Street, Key West, FL 33040 (each a "Party" and collectively the "Parties"). NHEREAS, Broadwave operates telecommunications equipment and systems; and NHEREAS, Broadwave is currently the sole provider of microwave internet service in the Florida <eys, which is one of the services offered under this Master Agreement; and NHEREAS, Customer wishes to purchase from Broadwave certain telecommunications and related ;ervices for use in connection with Customer's business, and Broadwave desires to provide said elecommunications and related services to Customer-, 4OW, THEREFORE, for and in consideration of the mutual promises contained herein and other )ood and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the 'artier agree as follows: 1. Definitions. For all purposes of the Master Agree - vent the following terms shall have the definitions set orth below a, Availability Date means, with respect to a given Service rendered pursuant to a given Service Order, he date that such Service is first available for use by ,ustomer, ). Customer Premises means the location or, locations )coupled by Customer or Customer's End Users to which Services are provided. Customer's End User(s) means, individually and col - actively, any and all third parties who gain access to or itilize Service(s) provided to Customer here under. J. Facilities means real or personal property owned or eased by Broadwave and used to deliver Services, in- ;Iuding without limitation terminal and other equipment, intennae, wires and cables, lines, ports, routers, switch- m, channel service units, data service units, cabinets, acks, arid private rooms, 5. Initial Ternt means a period of three (3) years *rnmencing upon the Effective Date f, Service(s) mean, individually and collectively, Broadwave's telecommunications -related services and facilities described in a then -effective Service Order which has been accepted by Broadwave as described at Section 4 g. Service Order means a LJOCLIntent in the form spec. ified by Broadwave which sets forth, at a minimurn, (i) the Service(s) which are the subject Of Such Service Order, (4) rates and charges applicable to such Ser- vice(s), (iii) the Service Order Term, and (iv) applicable Customer Premises to which such Services will be pro- vided. "Service Order" expressly includes any Upgrade Service Orders. h. Service Order Confirmation means, with respect to a given Service Order submitted to Broadwave, Broad- wave's written response thereto, which may contain additional or differing terms proposed by Broadwave. i. Service Order Term means, with respect to each Service Order, the period of time during which such Service Order shall be in effect, as specified on the Service Order. 2. Provision of Services, Subject to all terms and conditions of the Master Agreernent: a. With respect to each Service Order accepted by Broadwave as described at Section 4, Broadwave shall use commercially reasonable efforts to ensure that all Services described in such Service Order are available for Customer's use in accordance with this Master Agreement throughout the applicable Service Order Term (except during Excused Outages); and b. Customer shall pay for Such Services at the recurring and non -recurring rates and charges provided in Such Service Order as more fully described in Sections 10 and 11 herein. c. Broadwave may provide any additional services relat- ed to installation or use of the Services upon Custom- er's prior approval Of Such additional services and any charges there for, and Customer agrees to pay all rates and charges for Such additional services upon invoice there for by Broadwave, 3. Tenn. The term of this Master Agreement shall com- mence as of the Effective Date, and shall expire, unless terminated earlier in accordance herewith, upon the later of (i) the expiration of the Initial Term and any renewals thereof (as described below), or (ii) the last termination or expiration (,without further, renewal) of all Service Orders executed here under. Upon the expiration of the Initial Term or, any renewal term, this Master Agreement shall automatically renew for additional one(l) year renewal periods, unless a Party has delivered to the other Party written rxAice to the contrary at least ninety (90)days prior to the end of the then -current Initial 'Tern) or renewal term, as the case may be. The Service Order Term for each Service Order wfll begin on the date such Service Order is accepted by Broadwave as described at Section 4 and shall continue for the duration of tirne set forth in the applicable Service Order after, the first Availability Date of Services Linder Such Service Order. Upon the expiration of the initial Service Order Tern) or any extension thereof, the Service Order 'Term of such Service Order shall automatically be extended for additional one (1) year, extension periods, unless a Party has delivered to the other Party written notice to the con- trary at least ninety (90) days prior, to the end of the Term 4. Service Ordering. The Parties agree to the tenns of service by executing a Service Order. =3MM Each Service Order (including all terms and conditions set forth therein and as arnended pursuant to this Section) shall become part of, and be subject to all terms and conditions of, the Master Agreement with re- spect to the Service(s) set forth on such Service Order. Broadwave will use commercially reasonable efforts to make Services available for Customer's use on or by the proposed Availability Date(s) set forth there for on the applicable Service Order, but Broadwave does not guar- antee Services availability on such proposed Availability Date(s), Upgrades to Service Orders. a. From time to time during the term of this Master Agreement, Customer may elect to purchase additional quantities of, or functionally enhanced versions of, Ser- vices set forth on a then current Service Order In such event, at Customer's election and subject to Broad-wave's approval and acceptance thereof, Customer may upgrade the then -current Service Order to include such additional quantities of, or functionally enhanced versions of, Services upon execution of an 'Upgrade Service Order' which shall mean a Service Order which sets forth, in addition to any other information required to be set forth in a Service Order, the functionally enhanced versions of Services to be provided there under(or, where Customer seeks additional quantities Of Services currently taken by such Customer - pursuant to a then -current Service Order, the total amount of such Services to be provided to Customer, including any set forth on a then -current Service Order) b. Upon Broad- wave's execution of an Upgrade Service Order, such Upgrade Service Order shall be deemed to terminate the prior Service Circl referenced in such Upgrade Service. Order without liability to Customer for any early termination charges for such terminated Service Order(s). Customer acknowledges that Customer shall remain liable for all charges associated with Services actually provided during the term of such terminated Service Order (including any charges for additional sir -vices required for installation or use of such Services) 6. Customer Promises, Broadwave Facilities. a. Customer shall allow Broadwave access to the Cus- tomer Premises to the extent reasonably necessary for the installation, inspection and scheduled or emergency maintenance of Services or Facilities relating to the Services. Broadwave shall notify Customer or Customer's End User in advance of any regularly scheduled maintenance that will require access to the Customer Premises. Customer will be responsible for providing and maintaining, at its awn expense, the level of power, heating and air conditioning necessary to maintain the proper environment for the Facilities on the Customer Premises, and shall ensure that Customer Premises Broadwave are secure and safe from hazards to the Facilities or to Broadwave's employees, agents and contractors. Except as expressly set forth to the contrary in this Agreement or in any Service Order, with respect to any Customer Premises (other than locations occupied by Customer), Broadwave's Facilities at such Customer Premises shall consist of, as applicable, an antenna, associated cables or wires (if needed), and a single Ethernet connection point ("Demarcation Point") Which Demarcation Point shall be the terminating point for Services provided by Broadwave to such Customer Premises, Broadwave shall have no responsibility for, or liability in connection with, any other equipment (in- cluding without limitation customer premises equipment) necessary or desirable for Customer or Customers End Users to access or use the Services b Customer covenants, represent and warrants to Broadwave that it has the authority to grant Broadwave the right of entry and access to Customer Premises under this Section, and shall maintain such right and authority until such time as Services are no longer being provided to such Customer Premises and Broadwave has removed its Facilities there from. Notwithstanding the foregoing, to the extent that the provision of Services to a given Customer Premises requires access to of, use of the roof of such Customer Premises (e.g., for installation of antenna(e)), Broadwave may, if it so elects, secure such right and authority itself, but in no event shall such election by Broadwave relieve Customer of its obligations hereunder to procure and maintain all other necessary authority to grant Broadwave the right of entry and access to Customer Premises tinder this Section, c. Title to all Facilities shall remain with Broadwave will provide arid maintain the Facilities in good working order. Customer shall not, and shall not permit others to, without the prior written conseryt of Broadwave (i) rearrange, disconnect, remove, afterript to repair, or otherwise tamper with any Facilities, (4) use any Facilities for any purpose other than that for which Broadwave provides there, or (iii) take any action that causes the imposition of any lien or encumbrance on the Facilities. Anything in the Master Agreement to the contrary notwithstanding, in no event will Broadwave be liable to Customer or any other person for interruption of Services or for any other loss, cost or damage caused or related to improper use or, maintenance of the Facilities by Customer, Customer's End Users or third parties pro- vided access to the Facilities by Customer or Custom- er's End Users in violation of this Section 6.Customer agrees (which agreement shall survive the expiration, termination or cancellation of any Service Order or this Master Agreement) to allow Broadwave to remove sortie or all (in Broadwave's discretion) of the Facilities from the Customer Premises (1) after termination, expiration or, cancellation of the Services in connection with which the Facilities were used, and (2) for maintenance, repair, replacernent or otherwise as Broadwave may determine is necessary or desirable from time to time. d. Subject to s 768 28, Florida Statutes, Customer shall defend, indemnify and hold harmless Broadwave, and its successors or assigns, against any and all claims, liability, loss, darnage, or harm (including without liffirtation reasonable legal fees) suffered by Broadwave to the extent that the same arise from Customer's gross negligence, willful misconduct or failure to perform its obi­gationS Linder this Section 6, including without limitation any darnage to the Facilities resulting there from Broadwave Promises, Customer Facilities. a. Upon request, Broadwave shall allow Custorner, access to any Broadwave prernises and/or Facilities to he extent reasonably necessary for the installation, nspection and scheduled or emergency maintenance of ,ustomer facilities relating to the Services, as well as for he interconnection of such Customer facilities with the =acilities as the Parties reasonably deem necessary for 'ustomer's use of the Services, Customer shall notify 3roadwave two (2) business days in advance of any egularty scheduled maintenance that will require access ,o the Broadwave premises and/or Facilities. Broadwave ,rill be responsible for providing and maintaining, at its awn expense, the level of power, heating and air con- Jitioning necessary to maintain the proper environment 'or the Customer facilities on the Broadwave premises, arid shall ensure that Broadwave premises are secure and safe from hazards to the Customer facilities or to 'ustomer's employees, agents and contractors, ). Title to all Customer facilities shall remain with CUS - orner, Customer will provide arid Maintain the Customer acilities in good working order. Broadwave shall not, and shall not permit others to, without the prior consent of Customer (I) rearrange, disconnect, remove, attempt n repair, or Otherwise tamper with any Customer acilities, (ii) use any Customer facilities for any purpose )ther than that for, which Customer provides them, or (iii) :ake any action that causes the imposition of any lien or ancumbrance on the Custorner facilities. Anything in the Master Agreement to the contrary notwithstanding, in no avent will Customer be liable to Broadwave or any other ),erson for interruption of Services or for any other loss, -ost or damage caused or related to improper use or maintenance of the Customer facilities by Broad -wave or third parties provided access to the Broadwave premises, Facilities Or Customer facilities by Broadwave n violation of this Section 7. Broadwave agrees (which agreement shall survive the expiration, termination or cancellation of any Service Order or this Master Agreement) to allow Customer to remove the Customer facilities from the Broadwave premises and/or any Facili- ties (1) after, termination, expiration or cancellation of the Services in connection with which the Customer facilities were used, a (22) for maintenance, repair, replacement or otherwise as Customer may determine is necessary or desirable frorn time to time, c. Broadwave shall defend, indemnify and hold harmless Customer, and its successors or assigns, against any and all claims, liability, loss, damage, or harm (including without limitation reasonable legal fees) suffered by Customer to the extent that the sarne arise from Broad- wave's gross negligence, willful misconduct or failure to perform its obligations under this Section7, including without limitation any damage to the Customer facilities resulting there from. 8. Customer -Provided Equipment. Broadwave may install certain Customer -provided communications equipment at the request Of Customer, but Broadwave shall not be responsible for the operation or main- tenance of any Customer- provided corn in unicat ions equipment. Broadwave shall have no liability whatsoever for, the configuration, management, or performance of Customer -provided communications equipment. 9. Credit Approval and Deposits, Customer is a political subdivision of the State of Florida, arid to the extent that has credit information, Customer will provide Broadwave with credit information regarding Broadwave Customer as requested, and delivery of Services is expressly made subject to credit approval Broad -wave may require Customer to make a deposit (which will not exceed Customer's estimated charges for all then - Current Services for two months) as a condition to Broadwave's acceptance of any Service Order, or as a condition to Broadwave's continuation of Services. The deposit will be held by Broadwave as security for pay- ment of Customer's charges, and, in Broadwave's sole discretion, may be applied against any past -due charge (and Customer may be required to replenish such deposit). Upon termination of the Master Agreement, the amount of the deposit then remaining will be credited to Customer's account and any remaining credit balance will be refunded to Customer. 10. Rates and Charges. Rates and charges for Ser- vice(s) shall be set forth in the Service Order(s) pursuant to which such Service(s) are provided to Customer. Charges for, additional services required for installa-tion or use of such Services shall be at Broadwave's then - current charges for sarne. Billing to Customer for recurring charges with respect to Service(s) will commence on the Availability Date for such Services. All other charges for Services or additional Services may be billed at the times designated by Broadwave. Without limiting the foregoing, Broadwave may invoice Customer for one (1) months' monthly recurring charges for Service(s), along with any charges for installation of Service(s) or other services performed by Broadwave, on the Availability Date of such Service(s) 11. Payment Broadwave shall invoice Customer for the Services, and for charges for additional services required for installation or use of such Services, on a monthly basis; provided, however, that Broadwave may invoice Customer for nonrecurring charges for the Services or for additional services at any time. Billing for partial months, is prorated based on a calendar month. Subject to Section 12, Customer shall pay all amounts set forth or) an invoice within thirty (30) days after the receipt of a Proper Invoice in accordance with the Local Government Prompt Payment Act, s. 218 70, Florida Statutues, Past due amounts bear, interest at a rate of 1.% per month (or the highest rate allowed by law, whichever is less) beginning from the date first due until paid in full. 12. Disputed Invoices. In the event Customer disputes any portion of a Broadwave invoice, Customer shall pay the undisputed portion of the invoice by the date the same is due, and shall submit to Broadwave a written claim for the disputed arnount, which claim shall set forth with specificity Customer's grounds for Such dispute. All claims Most be submitted to Broadwave within thirty (30) days of receipt of the invoice under which the dispute arose Customer waives the right to dispute any charges not disputed within such thirty (30) day period. In the event that the dispute is resolved against Customer, Customer shall pay such amounts. If any dispute timely brought by Customer hereunder has not been resolved by the Parties within thirty (30) days (or St.rch longer period as the Parties mutually agree upon) after Customer first submits the written claim regarding such dispute, then the disputed amounts shall become due and payable, and neither this sentence nor the voluntary payment Of Such amount shall prevent Customer from pursuing any available legal remedies to obtain a refund of such amounts. 13,Taxes. All charges for Service are net of Applicable Taxes (as defined below) Except for taxes based on Broadwave's net income and taxes assessed on Broadwave's tangible or intangible property, Customer will be responsible for all applicable taxes, fees, duties, charges, or regulatory surcharges that arise in any jurisdiction on the provision, sale or use of the Service and permitted by applicable law to be passed through to Customer, including, without limitation, value added, consumption, sales, use, gross receipts, excise, access, bypass, franchise or other taxes or federal or state universal services charges (collectively, "Applicable Taxes"). Customer is entitled to an exemption from any Applicable Taxes, Customer shall be responsible for presenting the other Party with a valid exemption certificate. Broadwave will give effect to any such valid exemption certificate to the extent it applies to any Service billed by Broadwave to Customer, 14. Use Of Marks. Neither Party shall use any trade -rnarks, service marks, logos, or trade names of the other Party (individually and collectively the "Marks') in any manner whatsoever, including without lirriltation in any advertising, signage, marketing materials, web -site content, brochures or any other materials in any mediurn, without Such other Party's express advance written consent, Neither Party shall Issue any press release, announcement or public statement with respect to the Master Agreement or, the other, Party without such other, Party's express advance written consent, and any such press release, announcement or public statement shall be subject to Such other Party's review and written approval Each Party agrees that it shalt/ only use any Marks in strict compliance with the other Party's instructions In no event whatsoever, shall a Party use the Marks: (i) except in connection with Such Party's exercise of rights and performance of obligations under the Master Agreement, (ii) in any manner which is derogatory to of, critical of the other Party or otherwise in breach of the Master Agreement, or (iii) without the other Party's express prior written permission, in connection with trademarks, service marks, logos, or trade names of third parties or 41 any manner that expresses or implies any affiliation, connection, or association of Such other Party with, or such other Party's sponsorship or approval of, the activities of any third party, 16. Customer's Use of Services. Subject to s, 768,28, Florida Statutes, Customer shall defend, indemnify, and hold harmless Broadwave from and against any and all costs, losses, harm or damag-es (including without limitation reasonable attorney's fees) arising Out of or relating to Customer's use of the Services, including claims resulting from use of the Services by Customer's End Users and/or the content of any communications transmitted via the Service(s), except for costs, losses, harm or damages arising out of Broadwave's gross negligence Or Willful misconduct. 16. Nondisclosure. Subject to Florida Public Records Law -Chapter I I q, Subject Statutes, a. Each Party acknowledges that, in the Course of performance under the Master Agreement, it may receive Confidential Information (as hereinafter defined) of the other Party. Neither Party shall disclose to any third party or use for any purpose whatsoever, except to the extent required for Such Party's performance under the Master Agreement or to the extent expressly permitted hereunder, any Confidential Information of the other Party Anything in this Section 16 to the contrary Ulf, Br-ola(Illwave notwithstanding, the obligation of the Receiving Party to protect the confidenbafity of any information or materials shall terminate as to any information or materials which: (i) are, or become, public knowledge through no act or failure to act of the Receiving Party; (k) are Publicly disclosed by the proprietor thereof; (iii) are lawfully obtained without obligations of confidentiality by the Receiving Party from a third party after reasonable inquiry regarding the authority of such third party to possess and divulge the same; (iv) are independently developed by the Receiving Party from sources, or through persons, that the Receiving Party can demonstrate had no access to Confidential Information of the Disclosing Party; or (v) are lawfully known by the Receiving Party at the time of disclosure other than by reason of discus- sions with or disclosures by the Disclosing Party. For purposes of this Master Agreement, "Disclosing Party" means the Party who has disclosed Confidential Infor- mation Of Such Party to the other Party, and "Receiving Party" means the Party to whom Confidential Information of the other Party is disclosed b. If a Receiving Party is required of, becomes legally compelled (by deposition, interrogatories, subpoena, civil investigative demand, or similar process) to disclose any Confidential Information of the other Party, such Receiving Party shall provide the Disclosing Party with prompt notice of such request(s), requirements or compulsions so that such Disclosing Party may seek an appropriate protective order or other appropriate limitation on such disclosure from an appropriate court or regulatory authority of competent jurisdiction. The Parties hereto further agree that, anything in the Master Agreement to the contrary notweithstancilng, in the event such a protective order or limitation on such disclosure issued by an appropriate court or regulatory authority of competent jurisdiction is not obtained by the latest date such disclosure is legally required, or in the event that the 131mclosing Party elects to not seek such protective order or iiinitation on disclosure, such Receiving Party's compliance with such requirement or legal compulsion shall not be deemed a breach of the Master Agreement. Each Receiving Party agrees, when complying with such requirement or legal compulsion, to disclose only that limited portion of the Disclosing Party's Confidential In -formation that it is advised by counsel is legally required for such compliance and further agrees to exercise its best efforts to obtain assurance that the recipient will accord confidential treatment to such Confidential Information. c For the Purposes of the Master, Agreement, "Confi- dential Information' shall mean all technical, economic, business, engineering or other information (including "trade secrets", as defined under applicable law) which is proprietary to the Disclosing Party (or with respect to which the Disclosing Party owes a third party a duty of confidence) and which the Disclosing Party discloses to the Receiving Party either Ill intangible form marked as confidential, or (ii) orally, provided that the Disclosing Party identifies such information disclosed orally as being confidential at the time of disclosure and then promptly confines the confidential nature of such information in writing to the Receiving Party, d, The Receiving Party acknowledges that, upon the breach or threatened breach by the Receiving Party of any provision contained in this Section 16, the Disclos. ing Party will be without an adequate remedy at law, and Would suffer or be threatened with irreparable injury, and that the Receiving Party shall have the right to obtain immediate injunctive relief against the Receiv - ing Party, in addition to all other rights and remedies available to the Disclosing Party, in equity and at law, This Section16 shall survive expiration or termination of the Master Agreement for any reason whatsoever, and the Receiving Party's obligations under this Section 16 shall continue (i) with respect to Confidential information of the Disclosing Party which also constitutes "trade secrets", as defined under applicable law, until such time as such information no longer constitutes a trade secret due to no fault of the Receiving Party, and(ii) with re-spect to all other Confidential Information, for a period of eighteen (118) months after the expiration or termination of the Master Agreement or such longer period as they be required by applicable law. 17. Force Majeure. If a Party's performance hereLin- der(other than the payment of money) is delayed or prevented by reason of an uncontrollable cirCUrnstance that would not reasonably be considered to be a normal business risk, including, without limitation, acts of God or of the public enemy; earthquakes; firesi floods or other catastrophesepidemics or quarantines; freight embargoes; war, civil strife„ insurrection; riot; materials shortages; or labor stoppages (each, a "Force Majeure Event"), then the Party whose performance is delayed or prevented shall promptly notify the other Party of the Force Majeure Event and shall be excused from perfor- mance to the extent delayed or prevented (and the other Party shall be excused from any corresponding per- fortriance for the same period); provided, however, that the Party whose performance is delayed or prevented shall take all reasonable steps to avoid or remove such cause of nonperformance and shall continue toper form whenever and to the extent reasonably possible, and provided further that any tune for performance set forth in this Master Agreement shall be extended for a period equal to the period of any such delay. 18. Suspension of Service(s). a. Broadwave may suspend Service(s) without liability if Customer fails to pay a past due balance for, charges (other than amounts which are the Subject of a then - current dispute in accordance with Section 12) within ten (10) calendar days after Customer's receipt of written notice from Broadwave of planned Suspension of Services, and may continue such suspension until all arnOUnts due are paid in full or Broadwave terminates applicable Service(s), Service Order(s) or the Master Agreement pursuant to Section 19 or Section 20. b Broadwave may suspend Service(s) without liability if Customer's use of Services materially exceeds C4istofner's credit limit andlor then -current deposit balance, unless (i) within five (5) business days' written notice thereof by Broadwave, Customer provides adequate security for payment for Services, or (ih prior to materially exceeding such credit limit, CUstorner has provided to Broadwave adequate security for payment for Services, 19. Termination by Broadwave may, by sending writ- ten notice of termination to Customer with termination effective as of the date Such notice is given, terminate Bro- adwave a Service Order (in whole or in part) aridlor discontinue Service(s) (in Mole or, in part) or terminate the Master Agreement, all without liability, in the event that: a any amounts due and owing by Customer (other than arnOUrits which are the subject of a then -current dispute in accordance with Section 12) remain unpaid sixty (60) days after the date Such amounts were first due, b Custorner (i) suspends its business operations„ (ii) becomes insolvent, (iii) makes a general assignment for the benefit of creditors, or (iv) files (or has filed against it) a petition in bankruptcy which petition is not dis-missed within sixty (60)days thereafter; c. Broadwave is ordered, by a federal, state or local governmental entity, regulatory body or court of competent jurisdiction, to cease providing Service(s); or d changes in applicable law, regulation, decision, rule or order materially increase the costs to Broadwave of, or materially affects other terms of Broadwave's delivery of Service(s), and Broadwave and Customer are unable to reach agreement respecting new rates, terms and/ or conditions regarding such Service(s) within ninety (90) days after Broadwave's delivery of written notice requesting renegotiation thereof. 20, Termination by Either Party, In addition to any other right of a Party to terminate a Service Order or the Master Agreement, a Party may, by sending written notice of termination to the breaching Party with termination effective as of the date such notice is given, tenninate the Master Agreement or, at its election, affected Service Ordens), in the event the other Party has committed a material breach of any provision of the Master Agreement, provided that such non -breaching Party has first delivered written notice of such breach to the other Party, and (i) if the breach arises other than Under Sections 2,11, 15 or 16, thirty (30) calendar days have passed since receipt of said notice avid the breaching Party has not cured such breach, or (4) if the breach arises under Sections 2, 11, 15 or 16, ten (10) calendar days have passed since receipt of said notice and the breaching Party has not cured such breach. 21. Service Level; Termination by Customer. a Broadwave will use commercially reasonable efforts to cause the Services to operate continuously from the Availabifty Date for, such Services through the expiration or termination of the applicable Service Order Term For, each full hour that given Services are Unavartialee (as defined below), Broadwave will, subject to the terms of this Section 21, grant to Custorner credit equal to 11720 of the monthly recurring charges for such Services, provided, however, that m no event will the total amount of credits granted to Customer in any single month with respect to given Services exceed the total monthly reoccurring charges for such Services To receive such credits, Customer must request such credits in writing within thirty (30) days of the occurrence which gave rise to such credits In addition to the foregoing, Customer may terminate a Service Order prior to the arid of the applicable Service Order Term there for without payment of any applicable termination charge if. (i) any Service provided pursuant to such Service Order is Unavailable(as de -fined below) on two or more separate occasions of more than three (3) hours each in any thirty (30) day period, or(ii) such Service is Unavailable for more than twelve (12) Hours (measured in the aggregate) at any firne within any one hundred and twenty (120) day period. For purposes of the foregoing, "Unavailable" shall mean a total interruption in any Service specified in a Service Order, except for any interruption which is an Excused Outage. The duration of any interruption will commence when Broadwave is made aware of such interruption of a Service and will end when the Service first ceases to be fully interrupted, Customer must exercise its right to terminate any affected Service Order Linder this Section, in writing, within thirty (30) days after the occurrence which gave rise to a right of termination hereunder, "Excused Outage" means any Outage, interruption, unavailability, delay in provision of, or other degradation of, Service caused by (x) scheduled maintenance events of which Customer receives prior notice, (y) actions or inactions of Customer or Customer's End Users or of third parties (including, without limitation, interference to the Services caused by other Users of unlicensed spectrum), or failure of Customer -provided power or equipment, or (z) a Force Majeure Event as defined in Section 17. The credits described in this Section 21, along with Customer's right of termination herein, shall be Customer's sole and exclusive remedy for any failure of any Service(s) to operate in accordance with this Master Agreement on or after the Availability Date for such Service(s). b, In addition to any other right of Customer to terminate a Service Order hereunder, Customer may terminate a Service Order prior to the end of the term thereof upon thirty (30) days' prior written notice to Broadwave subject to charges incurred by such Customer in connection with such Service Order. 22. Effect of Termination. a Upon termination or expiration of any Service(s) or Service Order for any reason whatsoever. (1) all obligations of the Parties hereto under, such Service Order and under the Master Agreement with respect to such terminated Service(s) shall irnrnediately terminate; provided, however, that each Party's respective rights and obligations under Sections 6, 7, 15 and 24 hereof and each Party's respective defense and indemnification obligabons shall survive the termination or expiration of such Service(s) or Service Order; and (2) all payment obligations of Customer under the Master Agreement with respect to Such terminated Service(s) shall accrue through the date of such termination and shall become immediately due and payable, b Upon termination or expiration of the Master Agreement for any cause whatsoever (1) all obligations of Broadwave Linder ail Service Orders and Linder the Master Agreement shall immedately terrninate; pro-vided, however, that each Party's respective rights and obligations under Sections 6, 7, 15 and 24 hereof and each Party's respective defense and indemnification obligations shall Survive the termination or expiration at the Master Agreement, and (2) all payment obligations of Customer under the Master Agreement with respect to such terminated Service(s), shall accrue through the date Of Such termination and shall become immediately due and payable. Bt-Qad\/\/ave 23 Termination Charges. Upon termination of any Service(s), Service Order or the Master Agreement by Broadwave Pursuant to Section 19(a), 19(b), or 20 or by Customer for any reason other, than pursuant to Section 20 or 21, Broadwave may, in addition to all other remedies that may be available to Broadwave at law or in equity, assess and collect from Customer, and Customer shall pay, a termination charge equal to the sum of(j) the total ar'nount of any all credits or waivers of nonrecurring charges applied to Customer's account for the terminated Service(s) from the Effective Date through to the effective date Of such termination. 24. Limitation of Liability a. Except for Customer's indemnification obligations under the Master Agreement, the aggregate liablity of each Party to the other Party for, any losses or damage, whether direct or indirect, arising our of or in connection with the Master Agreement, any Service Order or the use of any Services or, Facilities, including without limitation any cause of action sounding in contract, tort or strict liability, shafl be limited to actual, direct darriages incurred but in no event shall exceed an amount equal to the fixed monthly recurring charges paid to Broad -wave by Customer for the Service(s) which gave rise to the liabiRy during the six (6) calendar rnonth(s) immediately preceding the calendar month in which the act or ornission giving rise to such liability occurred. b. Any other provision of the Master Agreement to the contrary notwithstanding, neither Party shall be liable to the other Party for lost profits or other consequential damages, special darnages, general damages, inciden- tal darnages, indirect damages, exemplary or punitive damages, cover damages, damages arising from loss or corruption of data or for any claims against such other Party by any third party, even if such Party was advised of the possibility of sarne. 26. RIGHT OF ENTRY AGREEMENT. Custorner, or ifs assigns hereby grants Broadwave Right of Entry to premise/building as set forth in the agreement located on Broadwave's website at: http://www,broadwave.coiii/ right -of -entry -agreement 26, DISCLAIMER OF WARRANTIES, EXCEPT AS EXPRESSLYSET FORTH IN THIS MASTER AGREE- MENT, Broadwave MAKES NO REPRESENTATIONS OR WARRANTIES TO CUSTOMER CONCERNING ANY SERVICES OR FACILITIES, AND BROADWAVE HEREBY EXCLUDES AND DISCLAMINS, WITHOUT LIMITATION, ANY AND ALL WARRANTIES NOT Ek PRESSLY SET FORTH IN THIS MATER AGREEMENT, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUTLIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OFMERCHANTABILITY OR FITNESS FOR A PARTICULARPURPOSE, AND ANY EXPRESS OR IMPLIED WARRANTIESARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR ona= FROM USAGE OF THE TRADE. CUSTOMER AC- KNOWLEDGES THAT (I) BROADWAVE HAS NOT' REPRESENTED OR WARRANTED THAT` THE SER- VICES WILL BE UNINTERRUPTED OR ERROR - FREE, AND (11) BROADWAVE PROVIDES THE SERVICES USING UNLICENDED SPECTRUM, AND SO AVAILABILITY AND FUCTIONALITY OF THE SERVICES IS EXPRESSLY SUBJECT TO INTERFERENCE CAUSED BY THIRD PARTY USERS OF SUCH UNLICENSED SPECTRUM. 27, Assignment. Neither Party may assign any portion of this Master Agreement except with the express written consent of the other Party (which consent shall not be unreasonably withheld, delayed or conditioned, and any attempt to do so shall be null and void; provided, howev.- er, that Broadwave may assign this Master Agreement or any portion thereof to any affiliate of Broadwave with - Out Customer's consent. No person or entity not a Party hereto shall have any interest herein or be deemed a third party beneficiary here of, and nothing contained herein shall be construed to create any rights enforce- able by any other person or third party. 28. Notice. Any notice required or permitted to be given hereunder shall be (a) in writing, (b) effective upon receipt, and(c) delivered by one of the following r-neans, (i) by personal delivery; (ii) by prepaid, overnight package delivery or courier service, or (iii) by the United States Postal Service, first class, certified mail, return receipt requested, postage prepaid In addition to actual receipt by a Party, the following shall constitute receipt (i) a Party's rejection or other refusal to accept notice, and (ii) the inability to deliver to a Party because of a changed address of which no notice has been received by tile other Party. All notices given under the Master Agreement shall be addressed to the addresses of the Parties hereto set for that the outset of this Master Agreement or to such other addresses of which the Parches hereto have been advised in writing by any of the above -de -scribed means IF CUSTOMER IS DISCONNECTING SERVICES FOR ANY REASON, IT MUST DELIVER NOTICE TO BROADWAVE BY EMAIL TO: SUPPORT@ BROADWAVE COM NOTICE BY EMAIL IS DEEMED GIVEN AND DELIVERED WHEN BROADWAVE SUP -PORT TICKET' IS EMAILED TO SENDER Broadwa , LLC . ......... ("Bro, wa By: Broadvviave 29. Governing Law, 'The Master Agreement and the rights and obligations of: the Parties hereto hereunder shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida without regard to Florida's conflict of law principles. 30. Entire Agreement. This Master Agreement constitutes the entire agreement between the Parties hereto with respect to the subject matter hereof and supersedes all prior under standings and agreements, and, except as provided herein, may not be amended, modified or altered except by a written instrument duty executed by the Parties hereto, 31. Severability. Any provision of the Master Agreement held or deter- mined by a court (or other legal authority) of competent jurisdiction to be illegal, invalid or unenforceable in any jurisdiction shall be deemed separate, distinct and independent, and shall be ineffective only to the extent of such holding or determination without (i) invalidating the remaining provisions of the Master Agreement in that jurisdiction or (4) affecting the legality, validity or enforce -ability of such provision in any other jLinsdictioi 32. Relationship of Parties. Nothing in the Master Agreement shall be construed as creating a joint venture or partnership between the Parties hereto. Neither Party has or shall have any authority to bind, assume any obligation for or, incur any debt on behalf the other Party in any respect whatsoever. 33, Supersedence. In the event of a conflict or incon- sestency between any Service Order, and the refrialning terms and conditions of this Master Agreement, the terms of the applicable Service Order shall control 34. Public Records Compliance. Broadwave (referred to hereinafter Linder this section as "Contractor) must cornpry with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The Customer/County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other 'PUbhC record' materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and rnade or received by the Customer/County and Contractor in conjunction with this contract and related to contract performance The Custorner/County shall have the right to unilaterally cancel this contract UP011 violation of this provision by the Contractor Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the CLAStomer[County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reirribursernerit of all attorney s fees and costs associated with that proceeding This provision shall survive any termination or expiration of the contract 'The Contractor is encouraged to consult with its advisors Florida Public Records Law in order to comply with this or( Pursuant to F.S. 119 0701 and the terms and conditions o contract, the Contractor is required to (1) Keep arid maintain public records that would be requ the County to perform the service, (2) Upon receipt from the Custorner/County's cu! of iecords, provide the Cusorriter/Cotinty with a copy of th requested records or allow the records to be inspected or within a reasonable time at a cost that does not exceed th provided in this chapter' or as otherwse provided by law. (3) Ensure that putific records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by few for the duration of the contract term arid following completion of the contract if the contractor does not transfer the records to the County. (4) Upon corriplefion of the contract, transfer, at no cost to the CUstorlier/Courity all pubric records in possession of the Contractor or keep and maintain pub records that would be required by the CUStorner/County to perforryi the service If the Contractor transfers all PLjbIrc records to the Customer/County upon completion of Ole contract, the Contractor shall destroy any dupricate public records that are exempt or corrfrdential and exempt from public records disclosure requirements If the Contractor keeps and rnaintams public records upon corrfpretion of the contract, the Contractor shiali meet all applicable requirements for retaining public records, Alr records stored electronically must be provided to tire Cm.inty, uporo request frorn the Custorner/Couilty's custodian of records, in a format that is cornpabbie wittl the infouriarron t(,,chnorogy systems of the Customer/County. (5) A request to inspect or copy pubfic, records rerating to a Custorrier/County contract must be made directly to the Customer/County, but if the Customer/County does riot possess the requested records, the Customer/County shall mirnediately notify the Contractor, of the request, and the Contractor must provide the records to the Customer/County or alrow the records to be inspected or copied within a reasonable tune;. If the Contractor does not comply with file (,",ustorner/Colinity's request for records the Customer/County shali eriforcka the public records contract provrsions in accordance wiOthe contract, notwithstanding the CUstorner/COUnty'S options and right to Urrillterally cancel this contract upon vroration of this piovrsrcm by the Contractor, A Contractor who farrs to provide the public records to the CUstornerlCounty or pursuant to a valid pubhc records request wid-fln a reasonable time may be subject to penafties under sectionl 19 10, Florida Statutes 1'rie Contractor shah not transfer custody, release, after, destroy or otherwise disp:)se of any public records unress or othiarwse provided in this provision or as otherwise provided by raw. IF'rRE CONTRAcrOR HAS QUESTIONS RE(VARDINGTHE APPLI(]ATION OF CHAP,rER 119, FLORIDA STATLJ,n�,s, TO THE CONTRACTOR'S DUTY 1`0 PROVIDE PUBLAC RECORDS RELATING TO THIS CON T-111A. CONTAC]"'THE CUSTODIAN OF PUBLIC RECORDS, BRIAN Xr P11ONE# 305-292- 3470 BRADLEY- BRIAN(fi),MONROECOUNTY- FLAJOV, MIAONROE COUN,ry ATTORN EY'S OFFICE 1111 12 Street, SUITE 408, KEY WEST, FL 33040. 35, PUBLIC ENTITIES CRIMES A person or affiliate who has been placed on the convicted vendor- list following a c,,onviction for pub4c entity come may not submit a bid oil contracts to provide any goods ci services te as public entity, may riot submit a bid on a contract with a PUbIrc eritity for the oonstriacbon or i epair of a pubic burding or f.)Ublic work, may riot SUbrrit b0s oil leases of real pf operty to public entity, rnay not be awarded or perforryi work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may riot hansact business with any public entity lot excess of the threshod arnourn: provided in Section 287 017 of the Florida Statutes for CATEGORY TWO for a period of 36 months from the date of being pruced on the convicted vendor ist 36. CODE OF ETHICS CUStornerICOUNTY agrees that offirocs, and ernproyees of the Customer/COUNTY recognize and will be required to ccomply, with the standards of conduct for public officers arid employees as deli nested rrr Section 112 313, Florida Statutes, regarding, but not limited to, soIrcitation or, acceptance of gifts, doing business with one's agency, unarjOiurzed conipenser0on, misuse of public position, confIrcting ernpioyment or contmctual rebfionsNpl and 6scrosure Of rise of certain infon'riation 37. Insurance Broadwave shalt obtain insurance as specified and maintain the required rnsuranceu at all times that this Master Agreement is in effect The coverage provided herein shall be provided by an insurer with an AM Best rating of VI or better, that is ricer sed to do business in the State of Florida and that has an agent for see of process witfirn the State of Florida Broadwave shall obtain and maintain, the Ic)II[owing policies A Conliner6ar General Lrablrity with rniniolUrn knilt-K Of $300,000 (forin GL1) B Statutory Workers Comperfsation arid Employers Liability coverage with rinrniniurn limits of $500,000 (forn-r WC2) C. Cyber Liability with rninirrlUnli IrMtS Of $1,000,(00, (fOrrT) CL1) Monroe County BOCC should be listed as Certificate Holder and AdclifionM Insured. Broadwave shale provide cprtifies of insurance or a copy of all insurance policies IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duty respective authorized representatives as of the Effective Date. ("Custoiner") By: KeviD, !Aq C gt---� Attest- C.Telr� DePUty Cl Name, Titles: (1) (,- N40NROE COUNTY ATTORNEY Atl I) D AS,r Z W ril LL—L—.— CHRISTINE 1AMBEkr-BAR.ROWS ASSISTANI�n()WfY ATTORNEY UME=1 City, State Zip: Contact: Email T-jjjj . . .... . Br-oadwave RTMN�O �# Initial Service Term: Starts on the Installation Date and continues until the expiration of 36 full calendar months thereafter. Extension Service Term: Starts at the end of the Initial Service Term and continues until the expiration of one (1) full calendar month thereafter. Estimated Installation: TBD ("Estimated Installation" means —the interval —fro—M the "Effective Date" service will be available.) Monthly Service Fee: _$1,498.00_ Price: —N/A 100mbps / 100mbps Dedicated Internet Service - Marathon Gov. Center - I pil , 1111111 I�1111 1111111 1• 11 1, . I wwV#-A*%wTN limitati he Broadwave Master Service Agreement. This Agi-eement and all terms attached heret�o Agreed to as of the Effective Date by: ("Effective Date" means the date Broadwave executes 'jhis/Agreernent.) 9Zrr%!nr4%A1!2-19M Motiroe Count Board of Conant Commissio "OC (�Broad� ("Customer") By: By: David Rice r Print: Print: — Title: Dat e: ATTEST: Kevin Madok Clerk tale. A �P JJK Pj � 11), 41""11,4A (" " ( , � Date: � Deputy Clerk A I SSJ S1' . A� DAIR 0 CL E El 0 0 U U *� .0 41 o © cLi 0 C 41 M 4- 0 0 s. - " C 0 0 m fU CO F- 0 ow Q �:= 11 0 u -0 0 M ._ � 0 4-1 .� E 0 4„ 50 > s LL E N o -► C C 0 %�- 5 a :C F- q- M 4 ` C C1 tub C L: Q3 '„ ca L. o C . E E � 0 0 CL w u 0 M 0 tJ s- C C ;- U .. C Col t31 3 $a L- ate-+ C tc� 0 E B4 �l P4 7 0 ,a��.,. � 0 �N nm. v09�WY:s Ak � , w+ Do,tt,Pll lWd1'G�Po�'n � Win 00 lvv I, m � u x J TM "fd� w � u ..� PPPC !OT8 :EMIDD/YYYY) A�"c�>R" CERTIFICATE OF LIABILITY INSURANCE/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME hliscox IrTc. tA/C,,Noa Fx.t) (888) 202-3CT07 _ ... .... ........... ....� FAX No). 520 Madison AVerlUe E-MAUL� ss ontaewt c( Y11scc X.rom 32nd Floor New York, NY 10022 INSURER($) AFFORDING COVERAGE,, NAIL II . uJQ11*rP d HiscoX Insurance ConToanv Inc , 10200 INSURED Broadw✓ave, LLC 1111 12th St Ste 106 Key West, FL 33040 CnVFRACFS CFRTIFICATF NIIMRER� REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE, BEEN I SS'I.IE1.) TCT 'T HE INSURER NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NO'T`WIT"I'{STANOING ANY REOUIFkfiME.Nl, TI"r:'RM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TI'HS CERTIFICATE MAY BE. ISSUED OR MAY PERTAIN, 'I"FIE. INSURANCE AFFORDED BY THE iaC:>d..ICIES DESCRIBED HEREIN IS °."rk.BJECT TO ALL THE'TERMS, EXC:LI.ISIONS AND CONDITIONS IONS OF SUCH POLICIES. I..IMITS SHOWN MAY HAVE BEEN REDUCED BY FAIL) CLAIMS. INS6.... ..... , A.'ISi)L. St9'ST1, ..,....TYPE ...... ...... . ........MMIDDdYYYY �NUM LTR OF INSURANCE LIMITS.... POLICY BE'R...,._. MM(DDYYXY X COMMERCIAL GENERAL, LIABILITY EACH OCCURRENCE 3,000,000 x.] � � E 3AfvAUE 'ttC.()6 No,Ezrr: 1 On OCTR CLAIMS-MADE ..,� OCCUR PREMIS5Srv...T.. �2anhca rera,j W.. _ ... _ ... ... . ._.. ,. NEEfD f XP(Airy an perx y r '� �d it i,%4} / Y Y 4 C ITC C-1633. 51--C GI.--18 r' ^' 09/2512017 f� " C '" 0)/2512018 f"@ R°$4'aPJ'tilL. A A.l dE1 CNJ��rvUuv) J R Y s 3 000 000 r REE Ar E Tarr AI I I ..`S PER � GE opt RAu Ae E E E E ATE W 3,000,000 - X Pc loC ... I p.. LOG j @AYdiDlJ€.Jt, 1 C ___C1MhP /E,F fkC" �.m .. . S� S/T C.Jen. Aqg OTHER 3( AUTOMOBILE LIABILITY C OMB[NECD SINGLE L. NUT Ca ANY AUTO B."kO DRA UN.II RY (Pei person) u ALL OWNED SCEI1: OLA.E D _....,.. EtklP'ilVlC'BJI.&ED Y"(F eur Sur c:icic.rrC) M.... Al.l"n OS AUTOS .i'41d)B ........ .. ..... N j E h'v'fk' C7,^"w.rviF4fJP ua" wiAONOWNE'R") lal!c�.DALrTrns, W OS j TnY r r�r.l. UMBRELLA LIAR OCCUR .. EACH TLC.CURRENC.E. $ EXCESS LIAR CLMMS-MADE,, AGGREGATE REGATEa w r, r DE U I E l rJ TICJt'I } i WORKERSCOMI COMPENSATION r Q:P'C C)PFi I71,11 1 l-...... AND EMPLOYERS' LIABILITY Y 8 NAP4'.'... - .... _,1`,,,P`G~'.. .EI _ ._ El!.k IfAr.;4d[11:fVT 5 CDFYI¢.tENFn�FEfvEBR/R:? k6^:rNER/EX&':c;,j'rOVG LtatrE`irp N/A .. .. _,...... .....,.. (Mandatory In NH) E- I DI S ASE - E A E MPE.C. YFE'. $ � H)E SC,RIPTnON OF 0FER'TIONS below k. L NSL^ASE - POLICY LIM[ Ca i 1 DESCRIPTION OF OPERATIONS d LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if Incurs space is raquire do � pp��ry{ II^�'� Y"0.1'�q fV t, i.n n ..,o ( "�*JIIMwN I�}IppP"p1q I.,. y g CERTIFICATE HOLDER mr—INN41IIETH • ► Monroe County BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE. 1100 Simonton St. Key West, Fl_ 33040 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ~ ( 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD BROAINC-02 LROE DATE (MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE [ 08/1712018 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 riahts to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: ­ AP Intego Insurance Group, LLC PHONE (AIC, 1601 Trapelo Rd Suite 280 E-MNo, Ext): AIL Waltham, MA 02451 ADDRE5s: support@apintecio.com 1111&141.114 Broadwave, Inc 1107 Key Plaza, # 300 Key West, FL 33040 CORAGES CERTIFICATE NUMBER: .......VE.. . - - ----- -- 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' I A I DDL SU I BR TYPE OF INSURANCE . ..... ..... I . ____ . . ..... . ...... dAN5D..:yV_V_P. ......... . . POLICY NUMBER POLICY EF I F _1111IT111 PoLICY,EX0 LIMITS . ........ COMMERCIAL GENERAL LIABILITY EACH-01CGURRENICE, 1 $ CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occu? ns;'* $ MED EXP(Any one person) PERSONAL ADV INJURY GEN1, AGGRE ATE LIMIT APPLIES PER� GENERAL AGGREGATE POL.ICY JFPGTIr _OC I PRODUCTS_ COMP/OP AGG $ ........ . .......... ......... ... . . . ..... AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT dent) ANY AUTO BODILY INJURY (Per person) OWNED SCHEDULED AUTOS ONLY AUTOS BODIL� INJURY(cer accident) N�T46rN PROPERTY DAMAGE A , 0 Y A"MRS ONLY PED Per accrdent . . ......... . . ...... ... . ....... - ----- --------------- -- . ... . ... .... . . ............ ....... . ... .... . ........... UMBRELLA LIAB 1 OCCUR EACH OCCURRENCE,.,,, I$ EXCESS LIAB l CLAIMS-MADEj AGGREGATE D RETENT ION $ ... 4­ — ----- $ ....... A 'IWORKERS COMPENSATION X R OTH- AND EMPLOYERS' LIABILITY Y/N 1,76WEGAA9TQB STATUTE,- ER, 11122/2017 11/22/20181 i 1,000,000 ANY �IROPR�ET(.)R/PARTNERIEXECL)TIVE FFICER/MEM�ER EXCLUDED? N/A E, LEACHACCIDENT Mandatory in H) I !P E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If as, describe under OPERATIONS E.L. DISEASE - POLICY_!wIMi1_4_i 1,000,000 D SCRIPT ON OF belo . ... . ....... .. .... . ... .... - - - ----------- . .... ...... _­...___­­­ .... ...... . . .... DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) A" �)AI P_ . ......... . _­­­ . . . . . .... .......... . ...... ... WAVE ------------ ----- - .... . ..... SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County Bocc ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street Key West, FL 33040 . . .... . ......... ....... . . ... . . ..... . . ..... .... AUTHORIZED REPRESENTATIVE -- - - — ----------- . . . . ..... . ....... ACORD 25 (2016/03) O 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD