HomeMy WebLinkAboutItem D02COUNTY 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
February 18, 2026
Agenda Item Number: D2
26-0414
BULK ITEM: Yes DEPARTMENT: Tourist Development Council
TIME APPROXIMATE: STAFF CONTACT: Ammie Machan
AGENDA ITEM WORDING: Approval by a super majority of an Agreement with the City of
Marathon for the City of Marathon Splashpad Restroom and Concession Stand (Public Facility)
project in an amount not to exceed $294,174 to be paid from DAC III FY 2026 Capital Resources
(fund 119).
ITEM BACKGROUND:
Public Facilities may be funded by the TDC under the Capital Grant Funding in accordance with the
conditions set forth in F.S. 125.0104(5)(a)(6).
These conditions include:
1. The use must be approved by a vote of at least two-thirds of the BOCC
2. An independent analysis, performed at the expense of the TDC, must demonstrate the positive
impact of the infrastructure project on tourist related business in the County
3. No more than 70% of the cost of the project may be paid by the TDC
DAC III Approved at their meeting of June 26, 2025
TDC approved at their meeting of July 29, 2025
PREVIOUS RELEVANT BOCC ACTION:
INSURANCE REQUIRED: Yes
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATION
Approval
DOCUMENTATION:
FINANCIAL IMPACT:
Effective Date: October 15, 2025
Expiration Date: December 31, 2026
Total Dollar Value of Contract: $294,174
Total Cost to County:
Current Year Portion:
Budgeted: Yes
Source of Funds: 119-79042-00062
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
D2. Approval by a super majority of an Agreement with the City of Marathon for the City of
Marathon Splashpad Restroom and Concession Stand (Public Facility) project in an amount
not to exceed $294,174 to be paid from DAC III FY 2026 Capital Resources (fund 119).
Grant Award Agreement
THIS AGREEMENT (agreement) is entered into this day of
2025 by and between MONROE COUNTY (County or Grantor), a political
subdivision of the State of Florida and City of Marathon (Grantee) a Government organized
and operating under the laws of the State of Florida.
WHEREAS, the district pennies of Tourist Development Tax may be used
for the following purposes only: To acquire, construct, extend, enlarge, remodel, repair,
improve, maintain, one or more a. Publicly owned and operated convention centers, sports
stadiums, sports arenas, coliseums, or auditoriums within the boundaries of the county or
subcounty special taxing district in which the tax is levied-, or b. Auditoriums that are publicly
owned but are operated by organizations that are exempt from federal taxation pursuant to
26 U.S.C. s. 501(c)(3) and open to the public; c. Aquariums or museums that are publicly
owned and operated or owned and operated by not -for -profit organizations and open to the
public, within the boundaries of the county or subcounty special taxing district in which the
tax is levied; or 5. To finance beach park facilities or beach, channel, estuary, or lagoon
improvement, maintenance, re -nourishment, restoration, and erosion control, or 6. public
facilities if needed to increase tourist related business activities and in accordance with F.S.
125.0104(5)(a)(6.) and (b) zoological parks, fishing piers or nature 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 City
of Marathon Splashpad Restroom and Concession Stand (Public Facilities) capital
project,- and
WHEREAS, the Grantor and Tourist Development Council (TDC) have
determined that it is in the best interest of the County, for purposes of promoting tourism and
preserving the heritage of the community, to attract tourists, and improve the property for
use as an public facility open to the public;
NOW, THEREFORE, in consideration of the mutual covenants and payments
contained herein, the Grantee and the Grantor have entered into this agreement on the
terms and conditions as set forth below.
1. GRANT AGREEMENT PERIOD. This agreement is for the period of October 15,
2025 through to December 31, 2026. This agreement shall remain in effect for the stated
period unless one party gives to the other written notification of termination pursuant to and
in compliance with paragraphs 7, 12 or 13 below. The project work described in Exhibit
A must commence within the fiscal year funded, which is October 1, 2025 to
September 30, 2026. Proof that the project commenced within the fiscal year funded
may be requested by the TDC administrative office. Segment #2 will only be funded if
the independent professional tourism impact analysis shows a positive impact on
tourist related businesses as required by F.S. 125.0104(5)(a)(6.)(e.). This Agreement
will terminate and will not reimburse for Segment #2 work in the event that the project
does not have a positive impact on tourist related businesses.
City of Marathon Splashpad Restroorn and Concession Stand (Public Facilities)
FY 2026 Capital Project Funding
Contract ID #3521
2. SCOPE OF AGREEMENT. The representations made by the Grantee in its proposal
submitted to the TDC are incorporated herein by reference. The Grantee shall provide the
following scope of services: Materials and Labor required to complete the above mentioned
project. Segment(s) of the work is/are more particularly described in Exhibit A, detailing the
work and the cost allocable to each segment, attached hereto, and incorporated herein by
reference. Anything not referenced within Exhibit A will not be reimbursed. All work
for which grant funds are to be expended must be completed by the stated termination date
of December 31, 2026 and all invoices pertaining to this project shall be submitted to the
TDC administrative office no later than December 31, 2026 to be considered for payment.
Acknowledgement: Grantee shall be required to permanently display and maintain at
Grantee's expense, public acknowledgement of the support of the Monroe County Tourist
Development Council in a publicly prominent area of their facility in the following form: "This
project was made possible with the financial support of the Monroe County Tourist
Development Council." If the Grantee has already complied with this requirement through
previous funding, said acknowledgement fulfills this condition. A photograph of said
acknowledgment shall be provided with the final request for reimbursement outlined in
Exhibit A of this agreement.
a.) There shall be a project manager to acknowledge receipt of goods or work
performed. This Project Manager shall be Maria Covelli(phone:(305) 363-8005;
email: covellim cr ci.marathon.fl.us). Should there be a change in the project manager
specified in the Grantee's application, a new project manager shall be designated,
and notice with new contact information shall be provided in writing to the TDC
administrative office.
b.) If, and to the extent that, Grantee contracts for any of the work funded under
this agreement to be performed or completed, Grantee shall give notice to County of
the contractual relationship, provide County with a copy of any and all contracts and
shall require the contractor(s) to comply with all the terms of this contract. Should
Grantee contract the work and then decrease the scope of work to be performed by
a contractor, Grantee shall provide County with an amended contract executed by
Grantee and its contractor.
(i) A Grantee which is a governmental entity shall comply with the procurement
regulations and policies to which it is subject, and shall provide Grantor
documentation of the procurement requirements applicable to the project and
compliance therewith.
(ii) A Grantee which is a not -for -profit entity shall use procurement processes
for those parts of the project to be contracted (not performed by the entity's
employees) as follows:
For work expected to be $10,000.00 to $100,000, the not -for -profit shall
document and provide with the reimbursement request, two (2) or more written
quotes for the goods or services.
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.
City of Marathon Splashpad Restroom and Concession Stand (Public Facilities)
FY 2026 Capital Project Funding
Contract ID #3521
When obtaining price quotes, the not -for -profit must diligently seek to obtain
quotes and such efforts should be documented (by noting calls and emails etc.
by staff and/or the project manager) and provided with the reimbursement
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 required number of quotes were not obtain and
certifying that the not -for -profit has made all efforts to obtain the number of
quotes 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 must submit a notarized statement with its request for payment
explaining why the vendor is the only source for the commodities or
services. The Grantee should submit the "sole source" justification to the TDC
Administrative Office for review and approval by the County. Failure to obtain
advance approval for a "sole source" expenditure may cause the
reimbursement to be disallowed for reimbursement by the County.
c.) Grantee shall exercise good internal controls to assure that the project as
described in the funding application shall be completed on a timely basis within the
proposed budget and shall provide to County 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 applied 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 agreement are delivered to
and installed in the project site. When any permit is required by any governmental
agency, copies of plans and other documents which are submitted to the applicable
agency shall be submitted to the County Engineering Division 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 amount
not to exceed $294,174 Two Hundred Nienty Four Thousand One Hundred and Sevent
Four Dollars TDC District III LundinM for materials and services used to improve the
property. Reimbursement request must show that Grantee has paid in full for materials and
services relating to the segment prior to seeking reimbursement from Grantor. Payment of
segment 1 shall be 50% (fifty percent) reimbursement of the total cost of the segment,
subject to the cap on expenditures for that segment as set forth in Exhibit A. Payment of
segment 2 shall be 70% (seventy percent), subject to the cap on expenditures for that
segment as set forth in Exhibit A. Reimbursement can be sought after each segment of
the agreement is completed and signed by the Monroe County Engineering Department as
outlined in 3.a. The Board of County Commissioners and the Tourist Development Council
assume no liability to fund this agreement for an amount in excess of this award. Monroe
County's performance and obligation to pay under this agreement is contingent upon an
annual appropriation by the BOCC.
a.) Payment shall be made upon the completion of a specific segment as outlined
in the Scope of Services and Exhibit A. Payment for expenditures permissible by
law and County policies shall be made through reimbursement to Grantee upon
City of Marathon Splashpad Restroom and Concession Stand (Public Facilities)
FY 2026 Capital Project Funding
Contract ID #3521
presentation of Application for Payment Summary, invoices, canceled checks, before
and after pictures, County Project Manager signature of inspection and other
documentation necessary to support a claim for reimbursement. Included in said
documentation shall be proof that the Grantee has received the property, real or
personal, for each segment of agreement as outlined in Exhibit A and paid an amount
equal to or greater than the amount invoiced to the Grantor. It shall be necessary for
the Grantee to contact the County Engineering Division (Steven Sanders - phone'.
305-295-4338 email: Sanders-Steven@MonroeCounty-Fl.gov) and to arrange for
inspection upon the completion of each segment. It shall be the responsibility of the
project manager to initiate the communication with the Monroe County Engineering
Division to facilitate the inspection of the segment of the project. The application for
payment document must be certified through a statement signed by an officer of the
organization and notarized, declaring that representations in the invoice are true and
factual.
All payment requests must be submitted to the TDC administrative office no later than
December 31, 2026. Invoices received by the TDC administrative office after
December 31, 2026 will not be considered for payment.
b.) If in -kind services were noted within your application, and you are applying
them to this project, documentation shall be submitted to the TDC Administrative
Office to show the receipt and application of in -kind donations of goods, professional
services, and materials. Said documentation should include invoices, bills of lading,
etc., and be verified as received and applied to the project through a notarized
statement of the project manager and said documentation submitted to the TDC
Administrative Office. All submissions shall identify the items included in Exhibit A
and Grantee shall complete the Application for Payment form which is provided within
the payment/reimbursement packet. This document should be signed by the project
manager.
The Project Manager shall certify delivery to the project site and installation therein
of any goods or services provided other than through an architect, engineer or
contractor. All work performed and goods received on site and incorporated into the
project shall be verified by one of the foregoing. Submission of any documentation
which is untrue, falsified, or otherwise misrepresents the work which has been
completed, paid, or donated shall constitute a breach of agreement, for which the
contract may be immediately terminated at the discretion of the County, whose
decision shall be final.
c.) At any time that the documentation requirement policies of Monroe County are
revised, such as to require annual inventory reports for equipment purchased under
a TDC capital project grant, Grantee shall comply thereafter with such increased
requirements, or further funding under the agreement may be terminated by County.
d.) Upon successful completion of this Grant agreement, the Grantee may retain
ownership of the real and personal property acquired and/or improved with funding
under this Grant agreement. However, the Grantee shall maintain, preserve, and
operate the property which was acquired or improved under this agreement for the
City of Marathon Splashpad Restroom and Concession Stand (Public Facilities)
FY 2026 Capital Project Funding
Contract ID #3521
4
uses and purposes which qualified the Grantee for tourist development tax funding.
Grantee shall complete and sign a Property Reporting Form upon request for
personal property and forward said completed form to the TDC Administrative Office.
Real property acquired or improved through funding under this agreement shall
remain dedicated for the purposes set forth herein or for other purposes which
promote tourism and ownership of said property shall be retained by the Grantee.
The following terms shall apply:
(i) The Grantee shall have the use of the property, including both real and
personal, acquired with funding under this agreement, at the project site for so
long as the facility is operated by Grantee, open to the public, and has a
primary purpose of promoting tourism. At such time as any of the conditions
in the preceding sentence shall cease to exist, the Grantee shall transfer
ownership and possession of equipment and personal property to a local
government or another not -for -profit organization which is a facility for which
tourist development taxes may be used pursuant to Florida Statute 125.0104
with prior approval from TDC and BOCC.
(ii) At any time that the Grantee: (a) elects to stop the project or otherwise
decide not to place into service for tourist -related purposes the facility
acquired, constructed, or renovated with tourist development tax funding, (b)
demolishes the project facility or divests itself of ownership or possession of
the real property, or (c) ceases the use of the property with a primary purpose
of promoting tourism, Grantee shall, pursuant to the formula set forth
hereafter, refund to the County the Tourist Development funding. This
provision shall survive the termination date of all other provisions of this
contract for a period of ten years. Should the demolition, transfer of ownership,
or change to a non -tourist related purpose occur, the amount of refund shall
be pro -rated based on a useful life of ten (10) years.
(iii) The Grantee is responsible for the implementation of adequate
maintenance procedures to keep the real and personal property in good
operating condition.
(iv) The Grantee is responsible for any loss, damage, or theft of, and any
loss, damage or injury caused by the use of, real or personal property or
equipment purchased through funding under this agreement.
4. RECORDS AND REPORTS. The Grantee shall keep such records as are necessary
to document the performance of the agreement and expenses as incurred and give access
to these records at the request of the TDC, the County, the State of Florida or authorized
agents and representatives of said government bodies. The Grantee shall also provide
such access to the personal Property and equipment purchased under this agreement. It is
the responsibility of the Grantee to maintain appropriate records in accordance with
generally accepted accounting principles consistently applied to insure a proper accounting
of all funds and expenditures. The Grantee understands that it shall be responsible for
repayment of any and all audit exceptions which are identified by the Auditor General for the
State of Florida, the Clerk of Court and Comptroller for Monroe County, the Board of County
City of Marathon Splashpad Restroom and Concession Stand (Public Facilities)
FY 2026 Capital Project Funding
Contract ID #3521
5
service under this agreement because of their race, ndicap color, religot ionaffect the national
origin, or physical or mental handicap where the hadoes nability
of an individual to perform in a position of employment, and to abide by all federal
and state laws regarding non-discrimination, person has been employed or
Anti -kickback. Contractor warrants that no
b.) n agreement or understanding for
retained to solicit or secure this agreement upon a nt fee, and that no employee or
a commission, percentage, brokerage or contingent nty. For
y interest, financially or otherwise, in the Cou
officer of the Contractor has an the County shall have the right to annul this
breach or violation of this warranty, price or
agreement without liability or, in its discretion, to deduct from the agreement
consideration, the full amount of such commission, percentage, brokerage or
contingent fee. Contractor acknowledges that it is aware that funding for this
agreement is available at least in part through the County and that violation of this
paragraph may result in the County withdrawing funding for the project
harmless/indemnification. Contractor acknowledge�y�`andt�old
grHold ha art by the County and agreetomniharmless
is funded at least in p ' and claims,
the County and any of its officers and employees from and agains'L
liabilities, litigation, causes of action, damages, costs, expenses (iany ncluding all but not
limited to fees and expenses arising from any factual investigation, discovery or
preparation for litigation), and the payment of any and alarisingl of the recfortly oregoing directly
or any
demands, settlements or judgments (collectively claims) diin
or criminal conduct on the part of
from any negligence, wrongful acts or omissions actor shall
ance of the terms of this agreement. The contr
contractor in the perform action made against the
immediately give notice to the County of any suit, claim or
the activity under this agreement, and will cooperate with
contractor that is related to f any suit, action or claim related
the County in the investigation arising as a result 0
to this agreement.
d,) Insurance. Contractor agrees that it ndemnis
in force at its own expense a
liability insurance policy which will insure andfy the contractor and the County
from any suits, claims or actions brought by any person or persons and from all costs
and expenses of litigation brought against the contractor fthereafteror such injthatresultsuries to persons from
or damage to property occurring during the agreement or
performance by contractor of the obligations set forth in this agreement. The
following coverage's shall be provided,
1. Workers' compensation insurance as required by Florida Statutes.
2. commercial General Liability Insurance with minimum lidamag$500,000ts Of
per occurrence for bodily injury, personal injury andpropertye.
3. Comprehensive Auto Liability Insurance with minimum limits of $300,000
combined single limit per occurrence.
City of Marathon Splashpad Restroorn and Concession Stand (Public Facilities)
FY 2026 Capital Project Funding
Contract ID #3521 7
The contractor, the County and the TDC shall be named as additional insured on
insurance policies, except workers' compensation. The policies shall provide no less
than 30 days' notice of cancellation, non -renewal or reduction of coverage.
At all times during the term of this agreement and for one year after acceptance of
the project, contractor shall maintain on file with the County a certificate of insurance
showing that the aforesaid insurance coverage are in effect.
e.) Licensing and Permits. Contractor warrants that it shall have, prior to
commencement of work under this agreement and at all times during said work, all
required licenses and permits whether federal, state, county or city.
f.) Right to Audit. The contractor shall keep such records as are necessary to
document the performance of the agreement and expenses as incurred, and give
access to these records at the request of the TDC, the County, the State of Florida
or authorized agents and representatives of said government bodies.
9. HOLD HARMLESS/INDEMNIFICATION. The Grantee hereby agrees to indemnify
and hold harmless the BOCC/TDC and the 3406 North Roosevelt Blvd. Corporation or any
of its officers and employees from and against any and all claims, liabilities, litigation, causes
of action, damages, costs, expenses (including but not limited to fees and expenses arising
from any factual investigation, discovery or preparation for litigation), and the payment of
any and all of the foregoing or any demands, settlements or judgments arising directly or
indirectly under this agreement. The Grantee shall immediately give notice to the Grantor
of any suit, claim or action made against the Grantor that is related to the activity under this
agreement, and will cooperate with the Grantor in the investigation arising as a result of any
suit, action or claim related to this agreement.
a.) Non -Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28,
Florida Statutes, the participation of the County and the Grantee in this agreement
and the acquisition of any commercial liability insurance coverage, self-insurance
coverage, or local government liability insurance pool coverage shall not be deemed
a waiver of immunity to the extent of liability coverage, nor shall any contract entered
into by the County be required to contain any provision for waiver.
b.) Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of officers,
agents, or employees of any public agents or employees of the County, when
pperforming their dive functions nAerthis nnroo pn+1AA+kin +ka +erri+nrin1 limi+c
CllUllllllll� UICII IeJpelillVG IUIIVUVIIJ UIIUr.I uIIJ Qyl�.lr111G��1 VVIL11111 t wiwi u w
of the County shall apply to the same degree and extent to the performance of such
functions and duties of such officers, agents, volunteers, or employees outside the
territorial limits of the County.
10. NONDISCRIMINATION. County and Grantee agree that there will be no
discrimination against any person, and it is expressly understood that upon a determination
by a court of competent jurisdiction that discrimination has occurred, this Agreement
automatically terminates without any further action on the part of any party, effective the date
City of Marathon Splashpad Restroom and Concession Stand (Public Facilities)
FY 2026 Capital Project Funding
Contract ID #3521
8
of the court order. County or Grantee agree to comply with all Federal and Florida statutes,
and all local ordinances, as applicable, relating to nondiscrimination. These include but are
not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits
discrimination on the basis of race, color or national origin; 2) Title IX of the Education
Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits
discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as
amended (20 USC s. 794), which prohibits discrimination on the basis of disabilities-, 4) The
Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits
discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PIL
92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (PIL 91-616), as amended, relating to nondiscrimination on the basis of alcohol
abuse or alcoholism-, 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC
ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse
patient records-, 8) Title Vill of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended,
relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans
with Disabilities Act of 1990 (42 USC s. 12101 Note), as maybe amended from time to time,
relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14,
Article 11, which prohibits discrimination on the basis of race, color, sex, religion, national
origin, ancestry, sexual orientation, gender identity or expression, familial status or age-, 11)
any other nondiscrimination provisions in any Federal or state statutes which may apply to
the parties to, or the subject matter of, this Agreement.
11. ANTI -KICKBACK. The Grantee warrants that no person has been employed or
retained to solicit or secure this agreement upon an agreement or understanding for a
commission, percentage, brokerage or contingent fee, and that no employee or officer of the
County or TDC has any interest, financially or otherwise, in the said funded project, except
for general membership. For breach or violation of this warranty, the Grantor shall have the
right to annul this agreement without liability or, in its discretion, to deduct from the
agreement price or consideration, the full amount of such commission, percentage,
brokerage or contingent fee.
12. TERMINATION. This agreement shall terminate on September 30, 2026.
Termination prior thereto shall occur whenever funds cannot be obtained or cannot be
continued at a level sufficient to allow for the continuation of this agreement pursuant to the
terms herein. In the event that funds cannot be continued at a level sufficient to allow the
continuation of this agreement pursuant to the terms specified herein, this agreement may
then be terminated immediately by the TDC administrative office providing written notice of
termination delivered in person or by mail to Grantee. The Grantor may terminate this
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agreement without cause upon giving written I IUM.,17, VI L'UI I I III ICILIVI I L%J %_JI GII I r.. I I I I, %..' I CA I I LW I
shall not be obligated to pay for any services or goods provided by Grantee after Grantee
has received written notice of termination.
13. TERMINATION FOR BREACH. The Grantor may immediately terminate this
agreement for any breach of the terms contained herein. Such termination shall take place
immediately upon receipt of written notice of said termination. Any waiver of any breach of
covenants herein contained to be kept and performed by Grantee shall not be deemed or
considered as a continuing waiver and shall not operate to bar or prevent the Grantor from
City of Marathon Splashpad Restroom and Concession Stand (Public Facilities)
FY 2026 Capital Project Funding
Contract ID #3521
declaring a forfeiture for any succeeding breach either of the same conditions or of any other
conditions. Failure to provide Grantor with certification of use of matching funds or matching
in -kind services at or above the rate of request for reimbursement or payment is a breach of
agreement, for which the Grantor may terminate this agreement upon giving written
notification of termination.
14. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the
parties hereto with respect to the subject matter hereof and supersedes any and all prior
agreements with respect to such subject matter between the Grantee and the Grantor.
15. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This
agreement shall be governed by and construed in accordance with the laws of the State of
Florida applicable to contracts made and to be performed entirely in the state. This
agreement is not subject to arbitration. Mediation proceedings initiated and conducted
pursuant to this agreement shall be in accordance with the Florida Rules of Civil Procedure
and usual and customary procedures required by the circuit court of Monroe County.
a.) Venue. In the event that any cause of action or administrative proceeding is
instituted for the enforcement or interpretation of this agreement, the County and
Grantee agree that venue shall lie in the appropriate court or before the appropriate
administrative body in Monroe County, Florida.
b.) Severability. If any term, covenant, condition or provision of this agreement
(or the application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining terms,
covenants, conditions and provisions of this agreement, shall not be affected thereby;
and each remaining term, covenant, condition and provision of this agreement shall
be valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this
agreement would prevent the accomplishment of the original intent of this agreement.
The County and Grantee agree to reform the agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
c.) Attorney's Fees and Costs. The County and Grantee agree that in the event
any cause of action or administrative proceeding is initiated or defended by any party
relative to the enforcement or interpretation of this agreement, the prevailing party
shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-
pocket expenses, as an award against the non -prevailing party, and shall include
attorney's fees, court costs, investigative, and out-of-pocket expenses in appellate
proceedings.
d.) Adjudication of Disputes or Disagreements. County and Grantee agree that
all disputes and disagreements shall be attempted to be resolved by meet and confer
sessions between representatives of each of the parties. If the issue or issues are
still not resolved to the satisfaction of the parties, then any party shall have the right
City of Marathon Splashpad Restroom and Concession Stand (Public Facilities)
FY 2026 Capital Project Funding
Contract ID #3521
10
to seek such relief or remedy as may be provided by this agreement or by Florida
law. This agreement shall not be subject to arbitration.
e.) Cooperation. In the event any administrative or legal proceeding is instituted
against either party relating to the formation, execution, performance, or breach of
this agreement, County and Grantee agree to participate, to the extent required by
the other party, in all proceedings, hearings, processes, meetings, and other activities
related to the substance of this agreement or provision of the services under this
agreement. County and Grantee specifically agree that no party to this agreement
shall be required to enter into any arbitration proceedings related to this agreement.
16. ETHICS CLAUSE: The Event Contractors warrant that, in respect to itself, it
has neither employed nor retained any company or person, other than a bona fide employee
working solely for it, to solicit or secure this agreement and that it has not paid or agreed to
pay any person, company, corporation, individual, or firm, other than a bona fide employee
working solely for it, any fee, commission, percentage, gift, or other consideration contingent
upon or resulting from the award or making of this agreement. For the breach or violation
of the provision, the Event Contractor agrees that the County shall have the right to terminate
this agreement without liability and, at its discretion, to offset from monies owed, or otherwise
recover, the full amount of such fee, commission, percentage, gift, or consideration.
17. PUBLIC ENTITY CRIME STATEMENT: A person or affiliate who has been placed
on the convicted vendor list following a conviction for public entity crime may not submit a
bid on an agreement to provide any goods or services to a public entity, may not submit a
bid on an agreement with a public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to public entity, may not be
awarded or perform work as a contractor, supplier, sub -contractor, or consultant under an
agreement with any public entity, and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, Florida Statutes, for
CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor list. By executing this document grantee warrants that it is in compliance with this
paragraph.
18. AUTHORITY: Grantee warrants that it is authorized by law to engage in the
performance of the activities encompassed by the project herein described. Each of the
signatories for the Grantee below certifies and warrants that the Grantee's name in this
agreement is the full name as designated in its corporate chanter (if a corporation); they are
empowered to act and contract for the Grantee; and this agreement has been approved by
the Board of Directors of Grantee or other appropriate authority.
19. LICENSING AND PERMITS: Grantee warrants that it shall have, prior to
commencement of work under this agreement and at all times during said work, all required
licenses and permits whether federal, state, county or city.
20. INSURANCE: Grantee agrees that it maintains in force at its own expense a liability
insurance policy which will insure and indemnify the Grantee and the Grantor from any suits,
claims or actions brought by any person or persons and from all costs and expenses of
City of Marathon Splashpad Restroom and Concession Stand (Public Facilities)
FY 2026 Capital Project Funding
Contract ID #3521
11
litigation brought against the Grantee for such injuries to persons or damage to property
occurring during the agreement or thereafter that results from performance by Grantee of
the obligations set forth in this agreement. At all times during the term of this agreement and
for one year after acceptance of the project, Grantee shall maintain on file with the Grantor
a certificate of the insurance of the carriers showing that the aforesaid insurance policy is in
effect. The following coverage's shall be provided:
Workers' Compensation insurance as required by Florida Statutes.
2. Commercial General Liability Insurance with minimum limits of $500,000
Combined Single Limit (CSL) If split limits are provided, the minimum limits
acceptable shall be $250,000 per Person $500,000 per occurrence
$50,000 property damage.
3. Comprehensive Business Auto Liability Insurance with minimum limits of
$300,000 combined single limit per occurrence.
The Grantee, the Grantor and the TDC shall be named as additional insured, except
workers' compensation. The policies shall provide no less than 30 days' notice of
cancellation, non -renewal or reduction of coverage. Grantee shall provide to the County, as
satisfactory evidence of the required insurance, including the insurance policy application
and either:
• Original Certificate of Insurance, OR
• Certified copy of the actual insurance policy, OR
Certificate of Insurance e-mailed from Insurance Agent/Company to
County Risk Management - Telephone Galen Jones at (305) 292-3470 for
details (Certificates can be e-mailed directly from the insurance agency to:
Jones-Gaelan(?�iVlonroeCounty-Fl.gov — The e-mail must state that this Is a
certificate for a TDC project and should be forwarded to Ammie Machan at
the TDC administrative office)
An original certificate or a certified copy of any or all insurance policies required by this
contract shall be filed with the Clerk of the BOCC prior to the contract being executed by the
Clerk's office. The Insurance policy must state that the Monroe County BOCC and Monroe
County TDC is the Certificate Holder and additional Insured for this contract (certificate only
for workers' compensation coverage). Insurance information should be mailed to.
Monroe County Board of County Commissioners
c/o Risk Management
P.O. Box 1026
Key West, FL 33041
21. NOTICE. Any notice required or permitted under this agreement shall be in writing
and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned
receipt requested to the following:
City of Marathon Splashpad Restroom and Concession Stand (Public Facilities)
FY 2026 Capital Project Funding
Contract ID #3521
12
For Grantee: Maria Covelli
City of Marathon
9805 Overseas Highway
Marathon, FL 33050
For Grantor: Maxine Pacini
Monroe County Tourist Development Council
1201 White Street, Suite 102
Key West, FL 33040
and
Ms. Christine Limbert-Barrows, Asst. County Attorney
P.O. Box 1026
Key West, FL 33041-1026
22. CLAIMS FOR FEDERAL OR STATE AID. Grantee and County agree that each shall
be, and is, empowered to apply for, seek, and obtain federal and state funds to further the
purpose of this agreement. Any conditions imposed as a result of funding that effect the
Project will be provided to each party.
23. NON -DELEGATION OF CONSTITUTIONAL OR STATUTORY DUTIES. This
agreement is not intended to, nor shall it be construed as, relieving any participating entity
from any obligation or responsibility imposed upon the entity by law except to the extent of
actual and timely performance thereof by any participating entity, in which case the
performance may be offered in satisfaction of the obligation or responsibility. Further, this
agreement is not intended to, nor shall it be construed as, authorizing the delegation of the
constitutional or statutory duties of the County, except to the extent permitted by the Florida
constitution, state statute, and case law.
24. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely
upon the terms, or any of them, of this agreement to enforce or attempt to enforce any third -
party claim or entitlement to or benefit of any service or program contemplated hereunder,
and the County and the Grantee agree that neither the County nor the Grantee or any agent,
officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate
that any particular individual or group of individuals, entity or entities, have entitlements or
benefits under this agreement separate and apart, inferior to, or superior to the community
in general or for the purposes contemplated in this agreement.
Cna(rC: nno Irl lRG The (,rnn4cc chnll nn+ ho linhla fnr Hininv in nArfnrmanCA nr
G .... 1 V✓L { I\%IVII lvwl—. II — Via, I1— -11-1. . ova vv ��...v�.. — vv_" ... ,.. . — . . . . —....-- _.
failure to complete the project, in whole or in part, due to the occurrence of any contingency
beyond its control or the control of its contractors and subcontractors, including war or act
of war whether an actual declaration thereof is made or not, act of terrorism impacting travel
in the United States, insurrection, riot or civil commotion, act of public enemy, epidemic,
quarantine restriction, storm, flood, drought or other act of God, or act of nature (including
presence of endangered animal species which cannot be timely removed in a safe manner)
or any act of any governmental authority which prohibits the project from proceeding as
City of Marathon Splashpad Restroom and Concession Stand (Public Facilities)
FY 2026 Capital Project Funding
Contract ID #3521
13
described in the scope of services and incorporated references and which the Grantee has
exercised reasonable care in the prevention thereof. However, lack of planning for normal
and expected weather conditions for the time of year the project is to be executed shall not
constitute an act of God excusing a delay. Any delay or failure due to the causes stated
shall not constitute a breach of the agreement; however, the Grantor shall have the right to
determine if there will be any reduction to the amount of funds due to the Grantee after
consideration of all relevant facts and circumstances surrounding the delay in performance
or failure to complete the project within the contract period. Upon demand of TDC or
Grantor, the Grantee must furnish evidence of the causes of such delay or failure. Grantor
shall not pay for any goods received or services provided after the date(s) described in
paragraph 1 and Scope of Services.
26. EXECUTION IN COUNTERPARTS. This agreement may be executed in any number
of counterparts, each of which shall be regarded as an original, all of which taken together
shall constitute one and the same instrument and any of the parties hereto may execute this
agreement by signing any such counterpart.
27. SECTION HEADINGS. Section headings have been inserted in this agreement as a
matter of convenience of reference only, and it is agreed that such section headings are not
a part of this agreement and will not be used in the interpretation of any provision of this
agreement.
28. MISCELLANEOUS: As used herein, the terms "contract" and "agreement" shall be
read interchangeably.
29. COUNTY FORMS: By signing this Agreement, GRANTEE has sworn or affirmed to
the following requirements as set forth in the Ethics Statement and Non -Collusion Affidavit
as set forth in more detail in this Agreement.
a) Ethics Clause: By signing this Agreement, the GRANTEE warrants that he/it
has not employed, retained or otherwise had act on his/her behalf any former
County officer or employee in violation of Section 2 of Ordinance No. 010-1990
or any County officer or employee in violation of Section 3 of Ordinance No.
010-1990. For breach or violation of this provision the County may, in its
discretion, terminate this Agreement without liability and may also, in its
discretion, deduct from the Agreement or purchase price, or otherwise recover,
the full amount of any fee, commission, percentage, gift, or consideration paid
to the former County officer or employee.
b) Non Collusion Affidavit: GRANTEE by signing this Agreement, according to
law on my oath, and under penalty of perjury, depose and say that the person
signing on behalf of the firm of GRANTEE, the bidder making the Proposal for
the project described in the Scope of Work and that I executed the said
proposal with full authority to do so; the prices in this bid have been arrived at
independently without collusion, consultation, communication or agreement
for the purpose of restricting competition, as to any matter relating to such
prices with any other bidder or with any competitor; unless otherwise required
by law, the prices which have been quoted in this bid have not been knowingly
City of Marathon Splashpad Restroorn and Concession Stand (Public Facilities)
FY 2026 Capital Project Funding
Contract ID #3521
14
disclosed by the bidder and will not knowingly be disclosed by the bidder prior
to bid opening, directly or indirectly, to any other bidder or to any competitor;
and 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 in awarding
contracts for said project.
c) Affidavit Attesting to Ioncoercive Conduct for Labor or Services: Grantee
under penalty of perjury attests that Grantee does not use coercion for labor
or services in accordance with Section 787.06, Florida Statutes.
As defined in Section 787.06(2)(a), coercion means:
1. Using or threating to use physical force against any person;
1. Restraining, isolating, or confining or threating to restrain, isolate, or
confine any person without lawful authority and against her or his will;
2. Using lending or other credit methods to establish a debt by any person
when labor or services are pledged as a security for the debt, if the value
of the labor or services as reasonably assessed is not applied toward the
liquidation of the debt, the length and nature of the labor or service are not
respectively limited and defined;
3. Destroying, concealing, removing, confiscating, withholding, or possessing
any actual or purported passport, visa, or other immigration document, or
any other actual or purported government identification document, of any
person;
4. Causing or threating to cause financial harm to any person;
5. Enticing or luring any person by fraud or deceit; or
6. Providing a controlled substance as outlined in Schedule I or Schedule II
of Section 893.03 to any person for the purpose of exploitation of that
person.
As a person authorized to sign on behalf of Grantee, I certify under
penalties of perjury that Grantee does not use coercion for labor or
services in accordance with Section 787.06. Additionally, Grantee has
reviewed Section 787.06, Florida Statutes, and agrees to abide by same.
City of Marathon Splashpad Restroom and Concession Stand (Public Facilities)
FY 2026 Capital Project Funding
Contract ID #3521
15
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed the day and year first above written,,
(SEAL)
Attest: Kevin Madok, Clerk
As Deputy Clerk
Board of County Commissioners
of Monroe County
Mayor/Chairman
............
......
MONROE COUNTY ATTORNEY
City of Marathon
'APPROVED AS TO FORM
Attest:
CHR STINE LIMBERT-BARROWS
SR ASSISTANT COUNTY ATTORNEY
DATE. -1,/2-1/26—
Lay
By
City Clerk
b4AL It -Viz, 411
Print Name
Date'. 13caLl-:)
Date:
City of Marathon Splashpad Restroorn and Concession Stand (Public Facilities)
FY 2026 Capital Project Funding
Contract ID #3521
16
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CERTIFICATE OF COVERAGE ISSUED ON: 9/24/2025
COVERAGE PROVIDED BY: PREFERRED GOVERNMENTAL INSURANCE TRUST
PACKAGE AGREEMENT NUMBER: PK FLI 0442900 25-10 COVERAGE PERIOD: 10/01/2025 TO 10/01/2026 12:01 AM
COVERAGES: This is to certify that the agreement below has been issued to the designated member for the coverage 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 coverage afforded by the
agreement described herein subject to all the terms, exclusions and conditions of such agreement.
Mail to: Certificate Holder
Designated Member
Monroe County BOCC, Monroe County Tourist Development Council
City of Marathon
1201 White Street
9805 Overseas Highway
#102
Marathon, Florida 33050
Key West, Florida 33040
LIABILITY COVERAGE
WORKERS' COMPENSATION COVERAGE
X Comprehensive General Liability, Bodily Injury, Property Damage
WC AGREEMENT NUMBER:
and Personal Injury:
Limit: $1,000,000 $0 Deductible
Self Insured Workers' Compensation
X Employee Benefits Liability
Statutory Workers' Compensation
Limit: $1,000,000 $0 Deductible
Employers Liability
X Employment Practices Liability
Each Accident
Limit: $1,000,000 $0 Deductible
By Disease
Aggregate Disease
X Public Officials Liability
Limit: $1,000,000 0 Deductible
Law Enforcement Liability
Limit: Deductible
PROPERTY COVERAGE
AUTOMOBILE COVERAGE
X Buildings & Personal Property
X Automobile Liability
Limit: Per Schedule on file with Trust $5,000 Deductible
Limit: $1,000,000 SO Deductible
Note: See coverage agreement for wind,
X All Owned
flood, and other deductibles.
X Specifically Described Autos
X Inland Marine — Rented, Borrowed and
X Hired Autos
Leased Equipment
X Non -Owned Autos
Limit: $38,119 TIV See Schedule for Deductible
X Automobile Physical Damage
X Inland Marine— All other
X Comprehensive See Schedule for
Limit: $2,161,923 TIV See Schedule for Deductible
Deductible
CRIME COVERAGE
X Collision See Schedule for Deductible
X Hired Auto with limit of $100,000
X Employee Dishonesty
Limit: $500,000 $ 1000 Deductible
Garage Keepers
X Forgery or Alteration
Liability Limit
Limit: $500,000 $1,000 Deductible
Liability Deductible APPROVED BY RISK MANA<
X Theft Disappearance & Destruction
Comprehensive Deductible BY
�
Limit: $500.000 SLOW Deductible
Collision Deductible
X Computer Fraud
DATE. 2.4.26
Limit: $500,000 $1,000 Deductible
WAIVER N/A X YES
NOTE: Additional Covered Party status is excluded for non -governmental entities. The most we will pay is further limited by the limitations set forth in Section 768.28(5),
Florida Statutes (2010) or the equivalent limitations of successor law which are applicable at the time of loss.
Description of Operations/ Locations/ Vehicles/Special items -(This section completed by member's agent, who bears complete responsibility and liability for its accura(y):
Certificate Holder is included as additional covered party with respect to City of Marathon Beach Cleaning. GL is per occurrence
with no general aggregate.
This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the
coverage afforded by the agreement above.
Administrator
CANCELLATIONS
Public Risk Underwriters@
SHOULD ANY OF THE ABOVE DESCRIBED AGREEMENT BE CANCELLED BEFORE THE EXPIRATION
P.O. Box 958455
DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE COVERAGE AGREEMENT
Lake Mary, FL 32795-8455
PROVISIONS.
v)7 ra k
Producer
Risk Management Associates, Inc.
300 North Beach Street
Daytona Beach, Florida, 32114
AUTHORIZED REPRESENTATIVE
PGIT-CERT (1/19) PRINTFORM
Wii W11111
CERTIFICATE OF COVERAGE ISSUED ON: 9/25/2025
COVERAGE PROVIDED BY: PREFERRED GOVERNMENTAL INSURANCE TRUST
PACKAGE AGREEMENT NUMBER: WC FL1 0442900 25-09 COVERAGE PERIOD: 10/01/2025 TO 10/01/2026 12:01 AM
COVERAGES: This is to certify that the agreement below has been issued to the designated member for the coverage 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 coverage afforded by the
agreement described herein subject to all the terms, exclusions and conditions of such agreement.
Mail to: Certificate Holder
Designated Member
Monroe County BOCC, Monroe County Tourist Devlopment Council
City of Marathon
1201 White Street
9805 Overseas Highway
#102
Marathon, Florida 33050
Key West, Florida 33040
LIABILITY COVERAGE
WORKERS' COMPENSATION COVERAGE
Comprehensive General Liability, Bodily Injury, Property Damage
WC AGREEMENT NUMBER: WC FL1 0442900 25-09
and Personal Injury:
Limit: Deductible
Self Insured Workers' Compensation
Employee Benefits Liability
X Statutory Workers' Compensation
Limit: Deductible
X Employers Liability
Employment Practices Liability
$1,000,000 Each Accident
$1,000,000 By Disease
Limit. Deductible
$1,000,000 Aggregate Disease
Public Officials Liability
Limit: Deductible
Law Enforcement Liability
Limit: Deductible
PROPERTY COVERAGE
AUTOMOBILE COVERAGE
Buildings & Personal Property
Automobile Liability
Limit: Per Schedule on file with Trust Deductible
Limit: Deductible
Note: See coverage agreement for wind,
All Owned
flood, and other deductibles.
Specifically Described Autos
Inland Marine — Rented, Borrowed and
Hired Autos
Leased Equipment
Non -Owned Autos
Limit: $0 TIV See Schedule for Deductible
Automobile Physical Damage
Inland Marine— All other
Comprehensive See Schedule for Deductible
Limit: $0 TIV See Schedule for Deductible
Collision See Schedule for Deductible
CRIME COVERAGE
Hired Auto with limit of
Employee Dishonesty
Garage Keepers
Limit: Deductible
Liability Limit
Forgery or Alteration
Liability Deductible
Comprehensive Deductible
Limit: Deductible
Collision Deductible
Theft Disappearance & Destruction
Limit: Deductible
Computer Fraud
Limit: Deductible
NOTE: Additional Covered Party status is excluded for non -governmental entities. The most we will pay is further limited by the limitations set forth in Section 768.28(5),
Florida Statutes (2010) or the equivalent limitations of successor law which are applicable at the time of loss.
Description of Operations/ Locations/ Vehicles/Special items -(This section completed by members agent, who bears complete responsibility and habiliz' for its accuracy):
Certificate of Insurance issued with respect to Cite of Marathon Beach Cleaning.
This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the
coverage afforded by the agreement above.
Administrator
CANCELLATIONS
Public Risk Underwriters@
SHOULD ANY OF THE ABOVE DESCRIBED AGREEMENT BE CANCELLED BEFORE THE EXPIRATION
P.O. BOX 9558455
DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE COVERAGE AGREEMENT
Lake Mary, FL 32795-8455
PROVISIONS.
Producer;
Risk Management Associates, Inc.
300 North Beach Street
Daytona Beach, Florida, 32114
AUTHORTZED REPRESENTATT\T,
PGIT-CERT (1/19) PRINTFORM
Preerred
Town niviv NNI
9/25/2025
Monroe County BOCC, Monroe County Tourist Devlopment Council
1201 White Street
#102
Key West, Florida 33040
Re: Coverage Agreement - WC FL1 0442900 25-09
City of Marathon
Effective Date: 10/01/2025 to 10/01/2026
To Whom It May Concern:
Preferred Governmental Insurance Trust is unable to name non -governmental entities as
an additional covered party due to Florida Statute 768.28.
Non -governmental entities do not enjoy sovereign immunity protection under Florida law.
Coverage through the Preferred Governmental Insurance Trust is predicated upon the
concept of sovereign immunity among all its members. Accordingly, entities which are not
eligible for sovereign immunity protection under F.S. 768.28 may not be an additional
covered party under the Preferred coverage agreement.
We appreciate your understanding.
Margaret E. Gross, CPCU
Director of Underwriting
**#'Additional Covered Party status was not requested on the attached certificate, the provisions in this
letter do not apply. **
Administered by PUBLIC RISK UNDERWRITERS
P.O. Box 958455+Lake Mary, FL 32795-8455 *Phone: 321-832-1450 *Fax: 321-832-1489
CERTIFICATE OF COVERAGE ISSUED ON: 9/25/2025
COVERAGE PROVIDED BY: PREFERRED GOVERNMENTAL INSURANCE TRUST
PACKAGE AGREEMENT NUMBER: WC FL1 0442900 25-09 COVERAGE PERIOD: 10/01/2025 TO 10/01/2026 12:01 AM
COVERAGES: This is to certify that the agreement below has been issued to the designated member for the coverage 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 coverage afforded by the
agreement described herein subject to all the terms, exclusions and conditions of such agreement.
Mail to: Certificate Holder
Designated Member
Monroe County BOCC, Monroe County Tourist Development Council
City of Marathon
1201 White Street
9805 Overseas Highway
#102
Marathon, Florida 33050
Key West, Florida 33040
LIABILITY COVERAGE
WORKERS' COMPENSATION COVERAGE
Comprehensive General Liability, Bodily Injury, Property Damage
WC AGREEMENT NUMBER: WC FL1 0442900 25-09
and Personal Injury:
Limit: Deductible
Self Insured Workers' Compensation
Employee Benefits Liability
X Statutory Workers' Compensation
Limit: Deductible
X Employers Liability
Employment Practices Liability
$1,000,000 Each Accident
$1,000,000 By Disease
Limit. Deductible
$1,000,000 Aggregate Disease
Public Officials Liability
Limit: Deductible
Law Enforcement Liability
Limit: Deductible
PROPERTY COVERAGE
AUTOMOBILE COVERAGE
Buildings & Personal Property
Automobile Liability
Limit: Per Schedule on file with Trust Deductible
Limit: Deductible
Note: See coverage agreement for wind,
All Owned
flood, and other deductibles.
Specifically Described Autos
Inland Marine — Rented, Borrowed and
Hired Autos
Leased Equipment
Non -Owned Autos
Limit: $0 TIV See Schedule for Deductible
Automobile Physical Damage
Inland Marine— All other
Comprehensive See Schedule for Deductible
Limit: $0 TIV See Schedule for Deductible
Collision See Schedule for Deductible
CRIME COVERAGE
Hired Auto with limit of
Employee Dishonesty
Garage Keepers
Limit: Deductible
Liability Limit
Forgery or Alteration
Liability Deductible
Comprehensive Deductible
Limit: Deductible
Collision Deductible
Theft Disappearance & Destruction
Limit: Deductible
Computer Fraud
Limit: Deductible
NOTE: Additional Covered Party status is excluded for non -governmental entities. The most we will pay is further limited by the limitations set forth in Section 768.28(5),
Florida Statutes (2010) or the equivalent limitations of successor law which are applicable at the time of loss.
Description of Operations/ Locations/ Vehicles/Special items -(This section completed by members agent, who bears complete responsibility and habiliz' for its accuracy):
Certificate of Insurance issued with respect to the City of Marathon Grant for Community Park Concession/Restroom.
This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the
coverage afforded by the agreement above.
Administrator
CANCELLATIONS
Public Risk Underwriters@
SHOULD ANY OF THE ABOVE DESCRIBED AGREEMENT BE CANCELLED BEFORE THE EXPIRATION
P.O. BOX 9558455
DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE COVERAGE AGREEMENT
Lake Mary, FL 32795-8455
PROVISIONS.
Producer;
Risk Management Associates, Inc.
300 North Beach Street
Daytona Beach, Florida, 32114
AUTHORIZED REPRESENTATIVE
PGIT-CERT (1/19) PRINTFORM
Preerred
Town niviv NNI
9/25/2025
Monroe County BOCC, Monroe County Tourist Development Council
1201 White Street
#102
Key West, Florida 33040
Re: Coverage Agreement - WC FL1 0442900 25-09
City of Marathon
Effective Date: 10/01/2025 to 10/01/2026
To Whom It May Concern:
Preferred Governmental Insurance Trust is unable to name non -governmental entities as
an additional covered party due to Florida Statute 768.28.
Non -governmental entities do not enjoy sovereign immunity protection under Florida law.
Coverage through the Preferred Governmental Insurance Trust is predicated upon the
concept of sovereign immunity among all its members. Accordingly, entities which are not
eligible for sovereign immunity protection under F.S. 768.28 may not be an additional
covered party under the Preferred coverage agreement.
We appreciate your understanding.
Margaret E. Gross, CPCU
Director of Underwriting
**#'Additional Covered Party status was not requested on the attached certificate, the provisions in this
letter do not apply. **
Administered by PUBLIC RISK UNDERWRITERS
P.O. Box 958455+Lake Mary, FL 32795-8455 *Phone: 321-832-1450 *Fax: 321-832-1489