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HomeMy WebLinkAbout06/10/2026 Agreement GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: June 11, 2026 TO: Gaelan Jones Assistant County Attorney/Risk Management FROM: Liz Yongue, Deputy Clerk SUBJECT: June 10, 2026 BOCC Meeting The following item has been executed and added to the record: W3 One-Year Agreement with Relation Insurance Services of Florida, Inc. for Third- Party Administration of Risk Management Claims. Should you have any questions please feel free to contact me at(305) 292-3550. cc: Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 AGREEMENT FOR THIRD-PARTY ADMINISTRATOR SERVICES — RISK MANAGEMENT This Agreement("Agreement")made and entered into this 10th day of June 2026 by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns (`COUNTY') through the Monroe County Board of County Commissioners ("BOCC"), AND Relation Insurance Services of Florida,Inc., aFlorida for profit corporation,whose address is 700 Central Parkway, Stuart, FL 34994 (`CONTRACTOR'); and WITNESSETH: WHEREAS, COUNTY desires to employ CONTRACTOR to provide third-parry adjusting services for liability and auto physical damage claims received by the Monroe County Risk Management Office; and WHEREAS, CONTRACTOR is qualified to provide such services on behalf of the COUNTY in accordance with the terms of this Agreement; and NOW,THEREFORE,in consideration of the mutual promises,covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONTRACTOR agree as follows: ARTICLE I TERM 1.1. The term of this Agreement shall be for a twelve (12) month period commencing on the 10th day of June, 2026. This Agreement may be extended upon mutual written agreement of both parties. ARTICLE II SCOPE OF SERVICES Throughout the full Term of this Agreement, CONTRACTOR agrees to provide the following services on behalf of COUNTY: 2.1. Supervise and administer open liability and auto physical damage claims referred to CONTRACTOR by the Monroe County Risk Manager or their designee (`Open Claims') in compliance with applicable laws, rules, and regulations governing the administration of self- insurance programs, including but not limited to Chapter 627, Florida Statutes, and Sec. 2-188 Monroe County Code of Ordinances. 1 2.2. Provide qualified and experience personnel capable of servicing the Open Claims 2.3. Provide an office with mailing address and phone number for service of communication on Open Claims from COUNTY and affected third-parties; 2.4. Provide claim administration services, including investigation, loss adjusting, and settlement of claims within self-insurance retention levels (`Claim Administration'). Claim Administration shall include valuation of bodily injury and property damage; liability analysis; and recommendation of claim reserves. 2.5. Preparation and submission of periodic reports on status of Open Claims, including investigation and legal proceedings as applicable. 2.6. Coordinate the investigation and defense of contested claims with the Monroe County Risk Management Office and other third-parties retained for service of Open Claims, including but not limited to in-house and outside legal counsel. 2.7. Develop subrogation possibilities and assist in the collection of same. Submit claims to excess carriers and responsible third-parties as needed.Assist in the collection of benefits owed to COUNTY, if any. 2.8. Preparation of correspondence to third-party claimants and subrogees; 2.9. Maintain records generated in performance of the aforementioned services in accordance with applicable retention schedules, and provide copies of such records to COUNTY upon request. ARTICLE III COUNTY RESPONSIBILITIES Throughout the full Term of this Agreement, COUNTY shall have and perform the following duties, obligations and responsibilities: 3.1. Obl44ation&Responsibility for Payment: COUNTY acknowledges and agrees that it shall retain sole responsibility for payment of claims made against the COUNTY, including but not limited to Open Claims referred to CONTRACTOR for handling. CONTRACTOR shall assume no duty to fund any Open Claims and shall have no obligation to advance funds for such payment. 2 3.2. Settlement of Open Claims: CONTRACTOR shall refer all settlement recommendations and demands to the Monroe County Risk Manager or their designee for approval. Authorization for settlement and payment of Open Claims shall be made in accordance with the provisions of Sec. 2-188, Monroe County Code of Ordinances. CONTRACTOR shall not be permitted to settle any Open Claim without written authorization of the Monroe County Risk Manager or their designee. 3.3. Claim Expenses: COUNTY acknowledges that CONTRACTOR may be required to incur certain loss adjustment expenses in performance of services under this Agreement, including but not limited to outside investigation of Open Claims, expert witness services, surveillance, on- site case management, legal fees, court costs, and other incidental and special costs (`Claim Expenses'). 3.3.1. CONTRACTOR shall invoice COUNTY on a monthly basis for payment of all Claim Expenses incurred by CONTRACTOR in service of Open Claims. 3.3.2. CONTRACTOR shall not incur costs for Claim Expenses in excess of one hundred dollars ($100.00) without advance written authorization of the Monroe County Risk Manager or their designee.Authorization for payment of Claim Expenses shall be made in accordance with Monroe County Purchasing Policy. 3.3.3. CONTRACTOR shall submit reasonable documentation in support of Claim Expenses, including quotes, invoices, and payment receipts, as may be required by the Monroe County comptroller. 3.4. Payment of Open Claims: COUNTY shall retain sole responsibility to disburse funds for satisfaction of all authorized Claim Expenses, settlement, and judgments for Open Claims. Funds for payment of Claim Expenses shall be disbursed to CONTRACTOR upon receipt of an invoice for same. Payment funds for satisfaction of authorized settlements and judgments on Open Claims shall be issued to the claimant upon receipt of a legally sufficient release of liability or judgment issued by a tribunal with jurisdiction over the claim. ARTICLE IV INDEMNIFICATION AND HOLD HARMLESS 4.1. CONTRACTOR shall assume no responsibility, risk, liability or obligation to fund the payment of losses, settlements or other liabilities arising from Open Claims. COUNTY shall retain sole responsibility to fund its risk management program, including exposure to losses arising from Open Claims, irrespective of available insurance coverage. 3 4.2. CONTRACTOR shall be liable for errors & omissions arising from CONTRACTOR's performance of Claims Administration services. CONTRACTOR shall use diligent efforts towards recovery of any losses arising therefrom. CONTRACTOR's liability under this section, if any, shall be limited to the amount in excess of claim amount(s)payable but for the CONTRACTOR's error or omission. 4.3. Subject to the provisions of this Article, CONTRACTOR agrees to indemnify and hold harmless COUNTY, and its officers and employees from any and all claims, liabilities, damages, losses and costs, including but not limited to, reasonable attorneys' fees, arising out of, in connection with, or by reason of services provided by the CONTRACTOR in performance of this Agreement. The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. This indemnification shall survive the expiration or early termination of the Agreement. ARTICLE V COMPENSATION 5.1. COUNTY shall pay CONTRACTOR an Administration Fee for performance of the services detailed in this Agreement. The Administration Fee is outlined in Attachment A, incorporated herein by reference. COUNTY shall further reimburse CONTRACTOR for all Claim Expenses as prescribed by Article III. The total compensation paid to CONTRACTOR shall not exceed one hundred fifty thousand dollars ($150,000.00) without written amendment to this Agreement. 5.2. On a monthly basis, CONTRACTOR shall invoice COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. CONTRACTOR's invoice shall reference the name or identification number of the Open Claim(s) for which an Administration Fee or Claim Expense is charged. CONTRACTOR'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at the COUNTY may require. 5.3. No travel reimbursement is contemplated under this agreement,but any reimbursement for travel will only be in the amounts authorized by Section 112.061, Florida Statutes and Monroe County Code, Chapter 2,Article III, Division 3-Travel, Per Diem, Meals and Mileage Policy; b. Cost of reproducing maps or drawings or other materials used in performing the scope of services; ARTICLE VI INSURANCE 6.1 The CONTRACTOR shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project(to include the work of others) is delayed or suspended as a result of the CONTRACTOR'S failure to 4 purchase or maintain the required insurance, the CONTRACTOR shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 6.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 6.3. At all times during the term of this Agreement (including any extensions thereof), CONTRACTOR shall maintain the insurance as specified in this section. In the event CONTRACTOR fails to maintain all insurance required by this section, County reserves the right to immediately terminate this Agreement or suspend all work until the required insurance has been reinstated. Delays in completion of the work resulting from CONTRACTOR 's failure to maintain required insurance shall not cause the extension of any deadlines specified in this Agreement, and CONTRACTOR agrees to indemnify and hold harmless the County for any and all increases in cost resulting from such delay. CONTRACTOR shall maintain the following coverage: • Commercial General Liability: CONTRACTOR 's insurance policy shall cover, at a minimum, premises operations, personal injury (including death), property damage, products & completed operations, and blanket contractual liability. If coverage is provided on a Claims Made basis, CONTRACTOR 's policy must provide for claims filed during the term of this Agreement, and for twelve (12) months after its termination or expiration. CONTRACTOR 's policy shall be endorsed to name Monroe County Board of County Commissioners as Additional Insured. The minimum limits acceptable are: $500,000 Combined Single Limit(CSL) • Worker's Compensation: CONTRACTOR 's insurance policy shall reflect coverage and limits sufficient to meet requirements of Chapter 440, Florida Statutes. • Business Auto Liability: CONTRACTOR 's insurance policy shall provide coverage for all owned, non-owned, and hired vehicles used in the performance of work under this Agreement. CONTRACTOR 's policy shall be endorsed to name Monroe County Board of County Commissioners as Additional Insured. The minimum acceptable limit is: $300,000 Combined Single Limit (CSL). If Split Limits are provided, the minimum acceptable limits are: $200,000 per person; $300,000 Occurrence; $100,000 Property Damage. • Professional Liability (Errors & Omissions) CONTRACTOR shall maintain insurance covering the professional services to be rendered under this agreement, including the furnishing of advice or consultation. CONTRACTOR 's insurance must, at a minimum, respond to damages resulting from any claim arising out of the performance of 5 professional services and any error or omission of the CONTRACTOR which may arise from the work subject to this Agreement. If coverage is provided on a claims made basis, an extended claims reporting period of four (4) years shall be required. The minimum acceptable limits of liability are: $1,000,000 per Occurrence; $1,000,000 Aggregate. 6.4. Prior to commencement of work under this Agreement, CONTRACTOR shall provide to the County Risk Manager satisfactory evidence of the required insurance, which may be an Certificate of Insurance or a copy of the insurance policy. The County reserves the right to request a certified copy of CONTRACTOR's insurance policy. Any deviation from the insurance requirements specified herein must be approved by the County's Risk Manager on an approved Insurance Waiver Form. Insurance Waivers may be requested from the Risk Management Department: Tel: 305 292-3470• Eml ARTICLE VII TERMINATION 7.1 Termination for Convenience: Either of the parties hereto may cancel this Agreement without cause by giving the other party thirty (30) days written notice of its intention to do so. 7.2 Termination for Cause: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause, including but not limited to breach of the terms of this Agreement and failure of CONTRACTOR to timely perform the Services. In the event of such termination, the COUNTY shall provide CONTRACTOR with no less than five (5) calendar days'notice and provide the CONTRACTOR with an opportunity to cure the breach. Should CONTRACTOR fail to cure said breach within the prescribed time period, this Agreement will be terminated for cause. 7.3 Remedies: If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay to CONTRACTOR all sums due and owed to CONTRACTOR under the terms of this Agreement at the time of termination. In no event shall amounts paid to CONTRACTOR exceed the Not to Exceed value prescribed by Article V herein. ARTICLE VIII MISCELLANEOUS 8.1 Section Headinzs. 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. 8.2 Successors & Assigns. CONTRACTOR shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County 6 Commissioners for Monroe County and the CONTRACTOR, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 8.3 No Third-Party Beneficiaries. Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 8.4. Scrutinized Companies. Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services Of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Company,I hereby certify that the company identified above is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List,the Scrutinized Companies with Activities in the Iran Terrorism List, or engaged in business operations in Cuba or Syria. By entering into this Agreement, CONTRACTOR certifies, under penalty of perjury, that they understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties,attorney's fees,and/or costs. CONTRACTOR further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism List or been engaged in business operations in Cuba or Syria. CONTRACTOR understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. CONTRACTOR further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism List or been engaged in business operations in Cuba or Syria. Note: The List are available at the following Department of Management Services Site: h;W2 //wvW (Jrri iruy11,a?1i(ia, o rii/biasi 11CISSmm 16rrra o /.cori, s� Vu.a�,��i �Uu��u ��i��r��ia„ii �iU��wirUirui�u.�,,�a�r7 aw����ui2q�,.�rut � ra`ru(la��_ ,�����I i �t y. 7 8.5. Affidavit Attesting to Noncoercive Conduct for Labor or Services. As a nongovernmental entity executing, renewing, or extending a contract with a government entity, CONTRACTOR is required to provide an affidavit under penalty of perjury attesting that CONTRACTOR 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: l. Using or threating to use physical force against any person; 2. Restraining, isolating, or confining or threating to restrain, isolate, or confine any person without lawful authority and against her or his will; 3. 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; 4. 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; 5. Causing or threating to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule 11 of Section 893.03 to any person for the purpose of exploitation of that person. 8. As a person authorized to sign on behalf of CONTRACTOR, the undersigned certifies under penalties of perjury that CONTRACTOR does not use coercion for labor or services in accordance with Section 787.06. Additionally, the undersigned certifies that CONTRACTOR has reviewed Section 787.06, Florida Statutes, and agrees to abide by same. 8.6 Contract Documents. This contract consists of the Agreement,the documents referred to in the Agreement as a part of this Agreement(including Attachment A), and modifications made after execution by written amendment(if any). In the event of any conflict between any of the Contract Documents, the one imposing the greater burden on the CONTRACTOR will control. 8.7 Governinz Law, Venue, Attorneys 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. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONTRACTOR agree that venue shall lie in the 16th Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be 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. The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement,the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include reasonable attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. 8 In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 8.8 Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 8.9 Binding Effect;Authority to Contract The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONTRACTOR and their respective legal representatives, successors,and assigns. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 8.10 Nondiscrimination. CONTRACTOR and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONTRACTOR and COUNTY agrees 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 VI of the Civil Rights Act of 1964 (PL 88-352)which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended(20 USC ss. 1681-1683, and 1685-1686),which prohibits discrimination on the basis of sex; 3)Section 504 of the Rehabilitation Act of 1973, as amended(20 USC s. 794),which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended(42 USC ss. 6101- 6107)which prohibits discrimination on the basis of age; 5)The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3),as amended,relating to confidentiality of alcohol and drug abuse patient records; 8)Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities 9 Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual 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. 8.11. Code of Ethics. CONTRACTOR acknowledges that officers and employees of the COUNTY will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. By signing this Agreement, the CONTRACTOR 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. 0 10-1990 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. 8.12. Covenant of No Interest; Solicitation/Payment. CONTRACTOR and COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. CONTRACTOR and COUNTY 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 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. 8.13. Public Records. CONTRACTOR must comply 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. CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, records,papers, letters or other"public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and CONTRACTOR in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the CONTRACTOR. Failure of the CONTRACTOR to abide by the terms of this 10 provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the CONTRACTOR is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the CONTRACTOR or keep and maintain public records that would be required by the County to perform the service. If the CONTRACTOR transfers all public records to the County upon completion of the contract, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the contract, the CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040: PUBLICRECORDS(a,MONROECOUNTY FL.GOV OR PHONE 4 (305)292-3470. 8.14. No Waiver of Sovereign Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes,the participation of the CONTRACTOR and the COUNTY 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. 11 8.15. 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 CONTRACTOR and the COUNTY agree that neither the CONTRACTOR nor the COUNTY 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. 8.16 Discriminatory Vendors: CONTRACTOR certifies and agrees that CONTRACTOR nor any Affiliate has been placed on the convicted vendor list within the last 36 months. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid, proposal or reply on a contract to provide goods or services to a public entity; may not submit a bid, proposal or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or CONTRACTOR under a contract with any public entity; and may not transact business with any public entity. 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, proposal, or reply on contracts to provide any goods or services to a public entity, may not submit a bid, proposal or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids,proposals, or replies on leases of real property to public entity,may not be awarded or perform work as a contractor, supplier, subcontractor, CONTRACTOR or subcontractor under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, CONTRACTOR represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONTRACTOR further represents that there has been no determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONTRACTOR has been placed on the convicted vendor list. CONTRACTOR will promptly notify the COUNTY if it or any subcontractor is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 8.17. E-Verify. In accordance with F.S. 448.095,the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E- Verify system to 12 verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of F.S. 448.095. 8.17 No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. ARTICLE IX NOTICE 9.1 Form of Notice.Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed,postage pre-paid, to the COUNTY and CONTRACTOR by certified mail, return receipt requested, to the following: COUNTY: Monroe County Attorney's Office c/o Risk Management P.O. Box 1026 Key West, Florida 33041 And: Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 CONTRACTOR: Relation Insurance Services Attn: President 700 Central Parkway Stuart, FL 34994 13 IN:WITNESS WHEREOF, each party has caused this Agreement:to be executed:by'its :: : • • duly authorized representative on the day and year first above Written. ' .4% 16,,,,fa•Oe . . .• . 1 ' * : • . . * . • 1 - I 1 . „ . : . ' . 1 „ BOARD OF CO UNTY COMMISSIONERS• I - s . ' VIN MADOK Clerk OF MON'4JjORIDA . : . !,, If (),.yi.c.10 ' : • , ' r ' 's - . (,i1/1/11\-6---) By. (0 - /1 '- ' _ r l erk Mayor_ � y i le, Ja et C .. .. .c^ CONTRACTOR • TO FORM AND LEGAL SUFFICIENCY : APPI�o��a��s A TTO'ii Y'S a MONROE COUNTY• FFICE • ... (7onat apt.Coo eY. h,¢� Jonathan Cooper.(Jun 9, 026.15:22:33 CDT) G elan P.Jones,'Assistant C nt*Attorney President . ' - Datz:• 6.9.26 . ' . 1 , 3. . A --„, • ,tom • y,; ,,") ;�*�: i 1 ATTACHMENT A General Liability $779.76 per Claim Bodily In'u Non-Auto $779.76 per Claim Auto Liability $724.07 per Claim Auto Property Dama a $724.07 per Claim Public Officials Liability $779.76 per Claim 15 Final Audit Report 2026-06-09 Created: 2026-06-09 By: Valerie Craig(Valerie.craig@relationinsurance.com) Status: Signed Transaction ID: CBJCHBCAABAAH5af7f-x956sLeaheUtlodOjQByZuJnw "Agreement Third Party Administrator Services Risk Manageme nt FINAL" History Document created by Valerie Craig (Valerie.craig@relationinsurance.com) 2026-06-09-8:18:15 PM GMT Document emailed to legal@relationinsurance.com for signature 2026-06-09-8:19:26 PM GMT Email viewed by legal@relationinsurance.com 2026-06-09-8:22:05 PM GMT Signer legal@relationinsurance.com entered name at signing as Jonathan Cooper 2026-06-09-8:22:31 PM GMT Document e-signed by Jonathan Cooper(legal@relationinsurance.com) Signature Date:2026-06-09-8:22:33 PM GMT-Time Source:server-Signature Appearance Selected:TYPE Agreement completed. 2026-06-09-8:22:33 PM GMT Adobe Acrobat Sign DATE(MMIDD/YYYY) AC"R" CERTIFICATE OF LIABILITY INSURANCE 06/23/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Miriam Fox NAME: Relation Insurance Services,Inc. a/cNr o Ext: (925)407-0417 a/c,No): (925)322-6655 2300 Contra Costa Blvd E-MAIL miriam.fox@relationinsurance.com ADDRESS: Suite 525 INSURER(S)AFFORDING COVERAGE NAIC# Pleasant Hill CA 94523 INSURERA: Great Northern Insurance Company 20303 INSURED INSURER B: Chubb National Insurance Company 10052 AQ Sunshine Parent,LLC and its subsidiaries INSURER C: Allied World Surplus Lines Ins 24319 Relation Insurance Inc.,Relation Insurance Services,Inc. INSURER D: 2300 Contra Costa Blvd.Suite 525 INSURER E Pleasant Hill CA 94523 INSURER F: COVERAGES CERTIFICATE NUMBER: 25/26 GL BA WC REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCEAUULbUBK POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MMIDD/YYYY MMIDD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE FX OCCUR PREM SDAMAGES Ea oNcurDreme $ 1,000,000 MED EXP(Any one person) $ 10,000 A Y 3609-28-26 06/18/2025 06/18/2026 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 JECT LOC PRODUCTS-COMP/OPAGG $POLICY El PRO 2,000,000P1 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident ANYAUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED 7365-26-90 06/18/2025 06/18/2026 BODILY INJURY(Pe r accide nt) $ AUTOS ONLY AUTOS X HIRED �/ NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY X AUTOS ONLY Per accident n� vn $ BY- UMBRELLA LIAB OCCUR 9_Zd,.2 _—...._.m. EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE WA MM NAa ' AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION X1 SPER TATUTE EORH AND EMPLOYERS'LIABI LI TY Y/N 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ B OFFICER/MEMBER EXCLUDED? ❑ N/A 7184-45-41 06/18/2025 06/18/2026 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Errors and Omissions Per Claim $5,000,000 C 0313-9753 06/30/2025 06/30/2026 Aggregate $5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Insured:Relation Insurance Services of Florida,Inc. Monroe County,Florida,has been included as additional insured with respect to General Liability&Auto Liability when required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County,Florida ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West FL 33040 I @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD