05/19/2004 Rescinded
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
June 10, 2004
TO:
Timothy McGarry, Director
Growth Management Division
ATTN:
FROM:
Mayra Tezanos
Executive Assistant
Pamela G. Hanc~
Deputy Clerk 0
At the May 19, 2004, Board of County Commissioner's meeting the Board granted approval
and authorized execution of a Contract for Professional Services between Monroe County and HDR
Engineering, Inc. to complete the Livable CommuniKeys Master Plan for the Key Largo Community.
Enclosed is a duplicate original of the above-mentioned for your handling. Should you have any
questions please do not hesitate to contact this office,
cc: County Administrator wlo document
County Attorney
Finance
File J
MONROE COUNTY
CONTRACT FOR PROFESSIONAL SERVICES
KEY LARGO LIVABLE COMMUNIKEYS MASTER PLAN
THIS CONTRACT is made and entered into this Jj ilday of /11/11 ,2004, by
MONROE COUNTY, a political subdivision of the State of Florida, whose address is the
Marathon Government Center, 2798 Overseas Highway, Marathon, Florida 33050,
hereafter the CLIENT, and HDR Engineering Inc, whose address is 2202 N. West
Shore Blvd., Suite 250, Tampa, FL 33607-5755, hereafter CONSULTANT.
Section 1. SCOPE OF SERVICES.
The CONSULTANT shall do, perform and carry out in a professional and proper
manner certain duties as described in the Scope of Services - Exhibit "A" - which is
attached hereto and made a part of this agreement.
Section 2. CLIENT'S RESPONSIBILITIES.
2.1 Provide all best available data and base maps as to the CLIENT's requirements
for Work Assignments. Designate in writing a person with authority to act on the
CLIENT's behalf on all matters concerning the Work Assignment.
2.2 Furnish to the CONSULTANT all existing plans, studies, reports, and other
available data pertinent to the work, and obtain or provide additional reports and
data as required by the CONSULTANT. The CONSULTANT shall be entitled to
use and rely upon such information and services provided by the CLIENT or
others in performing the CONSULTANT's services.
2.3 Arrange for access to and make all provisions for the CONSULTANT to enter
upon public and private property as reasonably required, and legally allowed, for
the CONSULTANT to perform services hereunder. Any obstruction to such
access by private property owners shall not constitute a basis for waiver of any
other required entries on to public and private property, nor shall it provide a
basis for termination of the contract. In the event that such access is so
obstructed, CONSULTANT and CLIENT shall work together to resolve the
difficulty in a timely manner.
2.4 Perform such other functions as are indicated in Exhibit "A".
Section 3. TIME OF COMPLETION.
The services to be rendered by the CONSULTANT for each individual work order
request shall be commenced upon written notice from the CLIENT and the work shall
be completed in accordance with the schedule mutually agreed to by the CLIENT and
CONSULTANT, unless it shall be modified in a signed document, by the mutual
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consent of the CLIENT and CONSULTANT. Subsequent services shall be performed
in accordance with schedules of performance which shall be mutually agreed to by
CLIENT and CONSULTANT.
Section 4. COMPENSATION.
4.1 The maximum compensation available to the CONSULTANT under this
agreement is $180,000.00. The CLIENT agrees to pay the CONSULTANT on
the lump sum basis for the successful completion of work tasks in accordance
with the Compensation Schedule -Exhibit "B"- which is attached hereto and
made part of this agreement. Should there be any reimbursable expense
request and should there be any disagreement on these, any disagreement
regarding which items are reimbursable shall be submitted to the County Clerk
for determination and whose decision shall be final.
4.2 The hourly billing rates of the CONSULTANT, expected to include virtually all
costs including travel, used in calculating the compensation due are:
Position Rate (in Dollars)
Proiect Principal 160
Proiect Manaqer 121
QA Manaqer 174
Senior Desiqner 120
Planner/Landscape Architect 89
Clerical 49
Section 5. PAYMENT TO CONSULTANT.
5.1 Any request for payment must be in a form satisfactory to the County Clerk
(Clerk). The request must describe in detail the services performed and the
payment amount requested. The CONSULTANT must submit to the Client
Project Manager, who reviews the request, Client Project Manager shall note
their approval on the request and forward it to the Clerk for payment. If request
for payment is not approved, the Project Manager must inform the
CONSULTANT in a writing that must include an explanation of the deficiency
that caused the disapproval of the request.
5.2 When Clerk receives a request for payment, the Clerk shall pay the request in
the amount approved by the Client Project Manager (within 45 days for
nonconstruction services, 20 days for construction services), unless the Clerk
determines a deficiency in the request requires disapproval of the request. In
that case, the Clerk shall inform the CONSULTANT of the disapproval in writing
together with an explanation of the deficiency that caused the Clerk to
disapprove the request.
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5.3 CONSULTANT shall submit monthly invoices and progress reports for services
rendered on each individual work task being performed by the CONSULTANT.
5.4 If the CLIENT fails to make any payment due to the CONSULTANT for services
and expenses within forty-five (45) days after the invoice dates, the
CONSULTANT may, after giving seven (7) days written notice to the CLIENT,
suspend services until the CONSULTANT has been paid in full all amounts due
for services.
5.3 Continuation of this contract is contingent upon annual appropriation by Monroe
Cou nty.
Section 6. CONTRACT TERMINATION.
Either party may terminate this Contract because of the failure of the other party to
perform its obligations under the Contract. If the CLIENT terminates this Contract
because of the CONSULTANT's failure to perform, then the CLIENT must pay the
CONSULTANT the amount due for all work satisfactorily completed as determined by
the CLIENT up to the date of the CONSULTANT's failure to perform but minus any
damages the CLIENT suffered as a result of the CONSULTANT's failure to perform.
The damage amount must be reduced by the amount saved by the CLIENT as a result
of the Contract termination. If the amount owed the CONSULTANT by the CLIENT is
not enough to compensate the CLIENT, then the CONSULTANT is liable for any
additional amount necessary to adequately compensate the CLIENT up to the amount
of the Contract price.
Section 7. AUTHORIZATION OF WORK ASSIGNMENTS.
7.1 All work assignments beyond or in addition to EXHIBIT "A" shall be authorized in
a signed document in accordance with the CLIENT's policy prior to any work
being conducted by the CONSULTANT.
7.2 Additional authorizations may contain additional instructions or provIsions
specific to the authorized work for the purpose of clarifying certain aspects of this
Agreement pertinent to the work to be undertaken. Such supplemental
instruction or provisions shall not be construed as a modification of this
Agreement. Authorizations shall be dated and serially numbered.
7.3 The CONSULTANT shall not assign, sublet or transfer any rights under or
interest in (including, but without limitations, moneys that may become due or
moneys that are due) this agreement or subsequent Work Assignment without
the written consent of the CLIENT, except to the extent that any assignment,
subletting, or transfer is mandated by law or the effect of this limitation may be
restricted by law. Unless specifically stated to the contrary in any written consent
to any assignment, no assignment will release or discharge the assignor from
any duty or responsibility under this agreement.
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Section 8. NOTICES.
All notices, requests and authorizations provided for herein shall be in a signed
document and shall be delivered or mailed to the addresses as follows:
To the CLIENT:
Monroe County Board of County Commissioners
c/o Monroe County Growth Management Division
2798 Overseas Highway, Suite 410
Marathon, Florida 33050
Attention: Division Director
To the CONSULTANT:
Neale Stralow, Project Manager
HDR Engineering, Inc.
2202 N West Shore Blvd, Suite 250
Tampa, FL 33607-5755
or addressed to either party at such other addresses as such party shall hereinafter
furnish to the other party in writing. Each such notice, request, or authorization shall be
deemed to have been duly given when so delivered, or, if mailed, when deposited in the
mails, registered, postage paid.
Section 9. RECORDS.
CONSULTANT shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Each party to this Agreement or their authorized
representatives shall have reasonable and timely access to such records of each other
party to this Agreement for public records purposes during the term of the Agreement
and for four years following the termination of this Agreement. If an auditor employed
by the CLIENT or Clerk determines that monies paid to CONSULTANT pursuant to this
Agreement were spent for purposes not authorized by this Agreement, the
CONSULTANT shall repay the monies together with interest calculated pursuant to
Sec. 55.03, FS, running from the date the monies were paid to CONSULTANT.
Section 10. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND
020-1990.
The CONSULTANT warrants that it has not employed, retained, or otherwise had act
on its behalf any former County officer or employee subject to the prohibition of Section
2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3
of Ordinance No. 020-1990. For breach or violation of this provision, the County, in its
discretion, may terminate this Contract without liability and may also, in its discretion,
deduct from the Contract or purchase price, or otherwise recover the full amount of any
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fee, commission, percentage gift, or consideration paid to the former County officer or
employee.
Section 11. CONVICTED VENDOR.
A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not perform
work as a CONSULTANT, supplier, subconsultant, or CONSULTANT under 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 the
Category two for a period of 36 months from the date of being placed on the convicted
vendor list.
Section 12. 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.
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the CLIENT and CONSULTANT agree
that venue will lie in the appropriate court or before the appropriate administrative body
in Monroe County, Florida.
The CLIENT and CONSULTANT agree that, in the event of conflicting interpretations of
the terms or a term of this Agreement by or between any of them the issue shall be
submitted to mediation prior to the institution of any other administrative or legal
proceeding.
Section 13. 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 CLIENT and
CONSULTANT 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.
Section 14. ATTORNEY'S FEES AND COSTS.
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The CLIENT and CONSULTANT 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, courts
costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation
proceedings initiated and conducted pursuant to this Agreement shall be in accordance
with the Florida Rules of Civil Procedure and usual and customary procedures required
by the circuit court of Monroe County.
Section 15. BINDING EFFECT.
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure
to the benefit of the CLIENT and CONSULTANT and their respective legal
representatives, successors, and assigns.
Section 16. AUTHORITY.
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and
corporate action, as required by law.
Section 17. ADJUDICATION OF DISPUTES OR DISAGREEMENTS.
The CLIENT and CONSULTANT agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives of each
of the parties. If no resolution can be agreed upon within 30 days after the first meet
and confer session, the issue or issues shall be discussed at a public meeting of the
Board of County Commissioners. If the issue or issues are still not resolved to the
satisfaction of the parties, then any party shall have the right to seek such relief or
remedy as may be provided by this Agreement or by Florida law.
Section 18. 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, CLIENT
and CONSULTANT 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.
CLIENT and CONSULTANT specifically agree that no party to this Agreement shall be
required to enter into any arbitration proceedings related to this Agreement.
Section 19. NONDISCRIMINATION.
CLIENT and CONSULTANT agree that there will be no discrimination against any
person, and it is expressly understood that upon a determination by a court of
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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. CLIENT or CONSULTANT 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 patent
records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended,
relating to nondiscrimination in the sale, rental or financing of housing; 9) The
Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended
from time to time, relating to nondiscrimination on the basis of disability; 10) Any
other nondiscrimination provisions in any Federal or state statutes which may apply to
the parties to, or the subject matter of, this Agreement.
Section 20. COVENANT OF NO INTEREST.
CLIENT and CONSULTANT 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.
Section 21. CODE OF ETHICS.
CLIENT agrees that officers and employees of the CLIENT recognize and 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.
Section 22. NO SOLICITATION/PAYMENT.
The CLIENT and CONSULTANT 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
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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 CONSULTANT agrees that the CLIENT
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.
Section 23. PUBLIC ACCESS. The CLIENT and CONSULTANT shall allow and
permit reasonable access to, and inspection of, all documents, papers, letters or other
materials in its possession or under its control subject to the provisions of Chapter 119,
Florida Statutes, and made or received by the CLIENT and CONSULTANT in
conjunction with this Agreement; and the CLI ENT shall have the right to unilaterally
cancel this Agreement upon violation of this provision by CONSULTANT.
Section 24. NON-WAIVER OF IMMUNITY.
Notwithstanding he provisions of Sec. 286.28, Florida Statutes, the participation of the
CLIENT and the CONSULTANT 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 CLIENT be required to
contain any provision for waiver.
Section 25. 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 CLIENT, when performing their respective functions under this
Agreement within the territorial limits of the County shall apply to the same degree and
extent to the performance of such functions and duties of such officers, agents,
volunteers, or employees outside the territorial limits of the County.
Section 26. LEGAL OBLIGATIONS AND RESPONSIBILITIES.
Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended
to, nor shall it be construed as, relieving any participating entity from any obligation or
responsibility imposed upon the entity by law except to the extent of actual and timely
performance thereof by 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.
Section 27. NON-RELIANCE BY NON-PARTIES.
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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 CLIENT and the
CONSULTANT agree that neither the CLIENT nor the CONSULTANT 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.
Section 28. ATTESTATIONS.
CONSULTANT agrees to execute such documents as the CLIENT may reasonably
require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-
Free Workplace Statement.
Section 29. 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.
Section 30. 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 singing
any such counterpart.
Section 31. 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.
Section 32. INSURANCE POLICIES.
32.1 General Insurance Requirements for Other Contractors and Subcontractors
As a pre-requisite of the work governed, or the goods supplied under this contract
(including the pre-staging of personnel and material), the CONSULTANT shall obtain, at
his/her own expense, insurance as specified in any attached schedules, which are
made part of this contract. The CONSULTANT will ensure that the insurance obtained
will extend protection to all Subconsultants engaged by the CONSULTANT. As an
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alternative, the CONSULTANT may require all Subconsultants to obtain insurance
consistent with the attached schedules.
The CONSULTANT will not be permitted to commence work governed by this contract
(including pre-staging of personnel and material) until satisfactory evidence of the
required insurance has been furnished to the CLIENT as specified below. Delays in the
commencement of work, resulting from the failure of the CONSULTANT to provide
satisfactory evidence of the required insurance, shall not extend deadlines specified in
this contract and any penalties and failure to perform assessments shall be imposed as
if the work commenced on the specified date and time, except for the CONSULTANT'S
failure to provide satisfactory evidence.
The CONSULTANT shall maintain the required insurance throughout the entire term of
this contract and any extensions specified in the attached schedules. Failure to comply
with this provision may result in the immediate suspension of all work until the required
insurance has been reinstated or replaced. Delays in the completion of work resulting
from the failure of the CONSULTANT to maintain the required insurance shall not
extend deadlines specified in this contract and any penalties and failure to perform
assessments shall be imposed as if the work had not been suspended, except for the
CONSULTANT'S failure to maintain the required insurance.
The CONSULTANT shall provide, to the CLIENT, as satisfactory evidence of the
required insurance, either:
. Certificate of Insurance
or
· A Certified copy of the actual insurance policy.
The CLIENT, at its sole option, has the right to request a certified copy of any or all
insurance policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non-
renewal, material change, or reduction in coverage unless a minimum of thirty (30) days
prior notification is given to the CLIENT by the insurer.
The acceptance and/or approval of the CONSULTANT'S insurance shall not be
construed as relieving the CONSULTANT from any liability or obligation assumed under
this contract or imposed by law. The Monroe County Board of County Commissioners,
its employees and officials will be included as "Additional Insured" on all policies, except
for Workers' Compensation.
Any deviations from this General Insurance Requirements must be requested in writing
on the County prepared form entitled "Request for Waiver of Insurance
Requirements" and approved by Monroe County Risk Management.
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32.2 INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE
COUNTY, FLORIDA AND HDR ENGINEERING, INC.
Prior to the commencement of work governed by this contract, the CONSULTANT shall
obtain General Liability Insurance. Coverage shall be maintained throughout the life of
the contract and include, as a minimum:
. Premises Operations
. Bodily Injury Liability
. Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$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
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made
policy, its provisions should include coverage for claims filed on or after the effective
date of this contract. In addition, the period for which claims may be reported should
extend for a minimum of twelve (12) months following the acceptance of work by the
County.
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
32.3 VEHICLE LIABILITY INSURANCE REQUIREMENTS.
Recognizing that the work governed by this contract requires the use of vehicles, the
CONSULTANT, prior to the commencement of work, shall obtain Vehicle Liability
Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum, liability coverage for:
· Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
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$300,000 per Occurrence
$50,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
32.4 WORKERS' COMPENSATION INSURANCE REQUIREMENTS
Prior to the commencement of work governed by this contract, the CONSULTANT shall
obtain Workers' Compensation Insurance with limits sufficient to respond to the
applicable state statues.
In addition, the CONSULTANT shall obtain Employers' Liability Insurance with limits of
not less than:
$500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$500,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact
business in the state of Florida.
If the CONSULTANT has been approved by the Florida's Department of Labor, as an
authorized self-insurer, the CLIENT shall recognize and honor the CONSULTANT'S
status. The CONSULTANT may be required to submit a Letter of Authorization issued
by the Department of Labor and a Certificate of Insurance, providing details on the
CONSULTANT'S Excess Insurance Program.
If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will
be required. In addition, the CONSULTANT may be required to submit updated
financial statements from the fund upon request from the County.
32.5 ENGINEERS ERRORS AND OMISSIONS LIABILITY INSURANCE
REQUIREMENTS
Recognizing that work governed by this contract could include furnishing of engineering
services, the CONSULTANT shall maintain, throughout the life of the Agreement,
Engineers Errors and Omissions Liability Insurance which will respond to damages
resulting from any claim arising out of performance of professional services or any error
or omission of CONSULTANT arising out of work governed by this Agreement. The
insurance shall be maintained in force for a period of two years after the date of
Completion of the Services set forth in subparagraph 1 (a). The minimum limits of
liability shall be $250,000 per Occurrence/$500,000 Aggregate.
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Section 33. INDEMNIFY/HOLD HARMLESS.
The CONSULTANT does hereby consent and agree to indemnify and hold harmless
the County, its Mayor, the Board of County Commissioners, appointed Boards and
Commissions, Officers, and the Employees, and any other agents, individually and
collectively, from all fines, suits, claims, demands, actions, costs, obligations, attorneys
fees, or liability of any kind arising out of the sole negligent actions of the
CONSULTANT or substantial and unnecessary delay caused by the willful
nonperformance of the CONSULTANT and shall be solely responsible and
answerable for any and all accidents or injuries to persons or property arising out of its
performance of this contract. The amount and type of insurance coverage
requirements set forth hereunder shall in no way be construed as limiting the scope of
indemnity set forth in this paragraph. The CLIENT does hereby covenant and agree to
indemnify and save harmless the CONSULTANT from any fines, suits, claims,
demands, actions, costs obligations, attorney fees, or liability of any kind resulting from
a negligent act or omission by the County, it's Mayor, the Board of County
Commissioners, appointed Boards and Commissions, Officers, and the Employees,
and any other agents individually and collectively under the provisions and up to the
limits of liability as stated in Section 768.28 F.S. Further the CONSULTANT agrees to
defend and pay all legal costs attendant to acts attributable to the sole negligent act of
the CONSULTANT.
At all times and for all purposes hereunder, the CONSULTANT is an independent
contractor and not an employee of the Board of County Commissioners. No statement
contained in this agreement shall be construed so as to find the CONSULTANT or any
of his/her employees, contractors, servants or agents to be employees of the Board of
County Commissioners for Monroe County. As an independent contractor the
CONSULTANT shall provide independent, professional judgment and comply with all
federal, state, and local statutes, ordinances, rules and regulations applicable to the
services to be provided.
The CONSULTANT shall be responsible for the completeness and accuracy of its work,
plan, supporting data, and other documents prepared or compiled under its obligation
for this project, and shall correct at its expense all significant errors or omissions therein
which may be disclosed. The cost of the work necessary to correct those errors
attributable to the CONSULTANT and any damage incurred by the CLIENT as a result
of additional costs caused by such errors shall be chargeable to the CONSULTANT.
This provision shall not apply to any maps, official records, contracts, or other data that
may be provided by the County or other public or semi-public agencies.
The CONSULTANT agrees that no charges or claims for damages shall be made by it
for any delays or hindrances attributable to the CLIENT during the progress of any
portion of the services specified in this contract. Such delays or hindrances, if any,
shall be compensated for by the County by an extension of time for a reasonable period
for the CONSULTANT to complete the work schedule. Such an agreement shall be
made between the parties.
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IN WITNESS WHEREOF each party hereto has caused this Agreement to be executed
by its duly authorized representative.
(CORPORATE SEAL)
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
~(~
Mayor/Chairman
HDR ENGINEERING INC.
By ~~ "-
Title..sr. ~c.... ~C.1'~'" f
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EXHIBIT "A"
SCOPE OF SERVICES
KEY LARGO LIV ABLE COMMUNIKEYS PLAN
MONROE COUNTY, FLORIDA
The following Scope of Services is planned for the Key Largo Livable CommuniKeys Plan (KL-
LCP) project which focuses upon the island's existing conditions, the importance of the US
Highway 1 corridor, and the future development / redevelopment opportunities within the
community. The identified tasks are listed in the anticipated order of the plan development
progression. However, adjustments to this structure may occur if warranted with prior acceptance
of Monroe County (County) staff and the HDR (Consultant). Individual tasks may begin before
the prior task is completed.
Task 1: Project Coordination ($16,250)
The Consultant and County staff will identify and implement cooperative mechanisms for the
regular update and delivery of project information throughout the length of the KL-LCP project.
The following are anticipated:
A. Project Kick-Off Meeting - Within two (2) weeks from the Notice to Proceed, the
Consultant and County will conduct a meeting to initiate project responsibilities, discuss
standard procedures, preliminary schedule, and facilitate data transfer. The County will
provide electronic (GIS, CADD, MSWord, etc.) documents of existing countywide
datasets, property appraiser information, plans, and codes.
B. Coordination Meetings - The Consultant and County staff will conduct monthly project
meetings / conference calls to coordinate work progress and identify needs. Summary
meeting notes to be supplied with project action items by the Consultant.
C. Other Project Correspondence - The Consultant and County staff will utilize personal, e-
mail, facsimile, and telephone as the preferred methods of communications.
Task 2: Existing Conditions Inventory & Analysis ($34,150)
The initial phase of this project will comprise an investigation and analysis of the current
conditions within Key Largo. During this investigation, the Consultant with assistance from the
County will collect, compile and analyze existing GIS and readily available datasets relevant to
the proj ect.
A. Data Collection, Analysis, & Base Mapping - The Consultant will collect relevant project
data, analyze information and develop base maps and data that depict existing conditions.
This information will be reviewed with the County staff prior to its public presentation.
B. Current Conditions & Trends Analysis Report & Maps - The Consultant will produce a
report documenting the current conditions Key Largo and trends relating to the following
topic headings. Trend data shall be based upon US Census datum, County property
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appraiser information, and relevant economic data analysis. The following outline shall
be used:
1) Land Use
Inventory (Table and/or Narrative)
a. Inventory of current developed land uses and acreage,
b. Vacant land/lot inventory and acreage, and
c. Current zoning vs. use and acreage.
Maps
a. Inventory of existing land uses,
1. Commercial types,
2. Residential, and
3. Institutional
b. Lands planned for acquisition for preservation,
c. Zoning,
d. Parcels (ownership tables - public, private), and
e. Vacant lands.
Trends Analysis (Narrative and/or Maps)
a. Review of existing conditions, discussion of recent land use changes, and
projection of current trends that may affect the community's future
development.
2) Transportation
Inventory (Table and/or Narrative)
a Existing State and County roads
1. Speed limits,
2. Lane geometrics,
3. Average Daily Trips (ADT),
4. Roadway hazards (poor site distance),
5. Accident occurrence,
6. Level of Service (LOS) for US 1 for different segments, and
7. Planned road improvements (CIP)
b. Pedestrian and Bikeway Facilities
1. Existing,
2. Plan for Overseas Heritage Trail, and
3. County road system - planned facilities (CIP).
c. Public transportation opportunities
Maps
a. Existing Road network (ADT's and LOS), and
b. Existing and Planned Pedestrian Facilities and Bikeways,
Trends Analysis (Narrative and/or Maps)
a. Review of existing conditions, discussion of recent transportation changes,
and projection of current trends that may affect the community's future
development.
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3) Parks and Recreation
Inventory
a. Existing and planned public park and recreation facilities, and
b. Beach or shoreline access.
1. Existing
2. County owned, but undeveloped
Maps
a. Existing and planned public park and recreation facilities, and
b. Existing and potential beach or shoreline access.
Trends Analysis (Narrative and/or Maps)
a. Review of existing conditions, discussion of recent open space changes, and
projection of current trends that may affect the community's future
development.
4) Community Facilities
Inventory
a. Existing Schools, Public Water and Sewer Service, Public Safety facilities and
availability (Sheriff, Fire, EMS), Libraries, Senior Centers, and County
Buildings,
1. Existing service area,
2. Existing capacity,
3. Currently served, and
4. Projected demand for existing zoningIROGO timing.
b. Planned facility, capacity and timing,
c. On-lot disposal areas required to upgrade systems,
d. Identified hot and cold spots.
Maps
a. Existing facilities: Schools, Public Safety. Libraries, Senior Centers, and
County Buildings,
b. Existing Water Service area (if less than island), and
c. Existing / planned Sewer Service Area, areas not planned for service and
requiring upgrade of on lot system.
Trends Analysis (Narrative and/or Maps)
a. Review of existing conditions, discussion of recent community facilities
changes, and projection of current trends that may affect the community's
future development.
5) Environmental Resources
Inventory
a. Hammock types,
b. ADID Wetlands Classifications,
c. Endangered Species,
d. Preservation lands owned by the government or private non profits, and
e. Lands planned for acquisition
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Maps
a. ADID Wetlands, and
b. Hammocks
Trends Analysis (Narrative and/or Maps)
a. Review of existing conditions, discussion of recent natural resource changes,
and projection of current trends that may affect the community's future
development.
6) Economic Development and Tourism
Inventory
a. IndustriallBusiness uses,
1. Employment/number of jobs,
2. Tax base,
3. Potential for additional development on existing sites or infill, and
4. Current zoning of sites used for industrial.
b. Commercial,
1. Major commercial centers, and
2. Employment / number of jobs
c. Commercial tax base,
d. Potential for additional development on existing sites or infill,
e. Current zoning on sites with commercial land uses,
f. Percent of commercial tourism based.
g. Tourist housing,
1. Hotels, motels (rooms),
2. RV parks (spaces),
3. Vacation rentals (units),
4. Tax base
h. Commercial and industrial areas that may be in a condition requiring
reconstruction.
Maps
a. Major industrial, business and commercial areas.
Trends Analysis (Narrative and/or Maps)
a. Review of existing conditions, discussion of recent economic development
and tourism changes, and projection of current trends that may affect the
community's future development.
7) Historic. cultural. and archeological resources
Inventory
a. Archeological Features,
b. Identified historic structures and sites,
c. Cultural assets, and
d. Historic architectural styles
Maps
a. Historic sites, archeological features, historic districts and cultural assets
Trends Analysis (Narrative and/or Maps)
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a. Review of existing conditions, discussion of recent cultural resources changes,
and projection of current trends that may affect the community's future
development.
8) Housing and community design
Inventory
a. Land in each residential zoning district,
b. Percentage of different housing types,
c. Mobile homes,
d. Over density parks,
e. Rented, homesteaded, seasonal,
f. Affordable housing with deed restriction,
g. Restricted Covenants (RaGa), and
h. General assessment ofthe condition of housing.
Maps
a. Existing types of residential uses,
b. Neighborhood revitalization areas, and
c. Affordable housing with deed restrictions.
Trends Analysis (Narrative and/or Maps)
a. Review of existing conditions, discussion of recent housing stock changes,
and projection of current trends that may affect the community's future
development.
8) View Scapes
Inventory
a. Environmental/Hammock views,
b. Water views,
c. Land views (from the water),
d. Exceptional built environment views, and
e. Focal points.
Maps
a. Viewing points and direction
Trends Analysis (Narrative and/or Maps)
a. Review of existing conditions, discussion of recent changes, and projection of
current trends that may affect the community's future development.
9) Streetscape US 1
Inventory
a. Street trees plantings and other vegetation along the street,
b. Sign inventory type,
c. Street furniture,
d. Scenic Highway data (previously developed),
e. Architectural character, and
f. Setbacks.
Map
a. Existing conditions
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Trends Analysis (Narrative and/or Maps)
a. Review of existing conditions, discussion of recent corridor changes, and
projection of current trends that may affect the community's future
development.
10) Demographics
Inventory
a. 2000 Census information
Trends Analysis (Narrative and/or Maps)
a. Review of existing conditions, discussion of recent demographic changes, and
projection of current trends that may affect the community's future
development.
Deliverable(s): One (1) Current Conditions & Trends Analysis Report (original and
electronic document)
Task 3: Community Involvement ($49,600)
The KL-LCP project will utilize a flexible system for soliciting and facilitating community
involvement throughout the length of the project. The Consultant with assistance from the
County will collect, compile and analyze comments received from interested parties and
incorporate appropriate ideas into the plan.
A. Community Survey - The Consultant and County staff will develop a community survey
for use during the public involvement meetings. The Consultant will provide an
electronic draft the survey, copies and distribution of the survey will be made by the
County. Survey results will be tabulated and analyzed for development ofthe plan.
B. Stakeholder Interviews - The Consultant and County staff will conduct a limited number
of direct interviews with community leaders. County staff will provide a list of
community leaders, coordinate and schedule meetings, and participate in the interviews.
C. Agency Meeting - The Consultant and County staff will conduct a coordination meeting
with appropriate inter-jurisdictional agencies (FDOT, FDEP, SFRPC, DCA, etc.) to
outline project approach, solicit agency input on plan issues, and establish involvement
mechanisms for plan support.
D. Public Meetings - The Consultant and County staff will conduct a series of public
workshops throughout the length of the project. The Consultant will develop and
facilitate presentations (MS PowerPoint, maps, handouts, etc.). County staff will
coordinate meeting locations, setup, legal notice requirements, and material copies.
1) Workshop #1 (Vision) - The Consultant and County staff will conduct a meeting
workshop to outline project scope, review existing conditions inventory and maps
2) Workshop #2 (Goals & Strategies) - The Consultant and County staff will
conduct a meeting workshop to identify communitywide goals and strategies for
inclusion in the plan. A Community Survey will be reviewed and collected at the
end of the meeting.
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3) Workshop #3 (US Highway 1 Design) - The Consultant and County staff will
conduct a design workshop to generate corridor design ideas, redevelopment
areas, design guidelines and improvements. The results of the input will be
incorporated into a corridor enhancement plan document.
4) Workshop #4 (Findings) - The Consultant and County staff will conduct a
findings workshop to review project materials and conclusions prior to the Task
#7 public hearings.
E. Newsletter - The Consultant and County staff will develop a newsletter template for use
throughout the length of the project. A project logo will be designed and utilized for all
project materials. The Consultant will provide an electronic draft of the newsletter; copies
of the newsletter will be made and distributed by the County.
1) First Edition - Includes the description of the planning process, existing
conditions, and future workshop notices.
2) Second Edition - Includes the results ofthe Workshop #1 (Vision) and include the
Community Survey.
3) Third Edition - Includes the results of the Workshop #2 (Goals & Strategies) and
the Community Survey.
Task 4: Drafting of the KL-LCP Document ($35,100)
The KL-LCP plan is anticipated to be formatted as an 8.5" x II" document. The Consultant will
provide an electronic draft of the plan document and County staff will copy and distribute for
review. One set of consolidated County comments (MSWord w/tract change mode) will be
transmitted to the Consultant for input into the final draft document completion. The document
will be structured in the following way:
1) Introduction
a. Plan Definition and Purpose,
b. Relationship to 2010 Plan,
c. Principals,
d. State Legislation,
e. Historic Context, and
f. Demographics.
1. Population,
2. # households,
3. Age Distribution,
4. Average # new permits a year,
5. Medium and average Household Income, and
6. Potential Population from existing lots.
2) Community Involvement
a. Summary of responses to interview questions,
b. Survey Results, and
c. Workshop Results.
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3) Plan Foundation
a. Vision,
b. Goals, and
c. Major Concepts.
4) Each Element of Plan
a. Goal,
b. Current Conditions Summary,
c. Analysis of Community Needs,
d. Recommended Strategies,
e. Recommended Action Items (To include potential comprehensive plan and
land development regulation language / graphics in support of plans.
Specifically, not to include production of CPA or LDC application packages
or processing / revisions).
f. Fiscal Implications and Anticipated CIP Projects (To include conceptual
engineering estimates, at a 20% contingency level), and
g. Maps.
1. From Current Conditions, and
2. Proposed changes, locations or facilities.
5) Implementation Strategies
Deliverable(s): One (1) KL-LCP (original and electronic document)
Task 5: Drafting of the Key Largo - US Highway 1 Corridor Enhancement Plan Document
($30,800)
The Key Largo - US Highway 1 Corridor Enhancement Plan document is anticipated to be
formatted as an 11" x 17" document. The Consultant will provide an electronic draft of the plan
document and County staff will copy and distribute for review. One set of consolidated County
comments will be transmitted to the Consultant for input into the final draft document
completion. The document will be structured in the following way:
1) Introduction
2) Study Area Conditions
3) Community Involvement Process
4) Design Concepts
5) Implementation Strategies
Deliverable(s): One (1) Key Largo - US Highway 1 Corridor Enhancement Plan (original
and electronic document)
Task 6: Public Review, Comment and Approval ($14,100)
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The Consultant and County staff will finalize the two report documents and participate in the
presentation of the plans in two (2) public meetings with the Planning Commission.
1) Public Meeting # 1 - The Consultant and County staff will conduct a pre-public hearing
workshop as an interactive session to permit comments, suggestions, and corrections to
the proposed plan.
2) The Consultant and County staff will prepare responses to appropriate public
comments/questions raised, and redraft documents per direction of the planning
commission, and
3) Public Meeting #2 - The Consultant and County staff will conduct a public presentation
to address any issues raised during the first public meeting.
4) Presentation to the BOCC for approval.
Deliverable(s): One (1) Current Conditions & Trends Analysis Report (original and
electronic document),
One (1) KL-LCP (original and electronic document), and
One (1) Key Largo - US Highway 1 Corridor Enhancement Plan (original
and electronic document).
Total Estimated Fee: $180,000
Estimated Schedule: After the County's Notice to Proceed, the Consultant will provide a
graphic project schedule at the kick-off meeting. The project is anticipated to be completed
within a nine (9) months period.
- - - END OF SCOPE - - -
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EXHIBIT "B"- COMPENSATION SCHEDULE
Deliverable 1-0ne (1) Current Conditions & Trends Analysis Report
(original and electronic document)
$65,000
Deliverable 2-0ne (1) Key Largo-Livable CommuniKeys Plan
(original and electronic document)
$65,000
Deliverable 3-0ne (1) Key Largo-US-1 Highway Corridor Enhancement Plan
(original and electronic document) $50,000
Project Total
$180,000
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PRODUCER
DATE (MMlDDIYY)
ACORDTM CERTIFICATE OF LIABILITY INSURANCE 06/01/2005 05/31/2004
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
C V RA E AFF D BY THE P LI I B W
Locktan Companies
444 W. 47th Street, Suite 900
Kansas City Mo 64112-1906
(816) 960-9000
INSURED HDR ENGINEERING, INC.
1013472 ATTN: LOUIS J. PACHMAN
8404 INDIAN HILLS DRIVE
OMAHA, NE 68114-4049
NEALE STRALOWITAMPA
COVERAGES SA
INSURERS AFFORDING COVERAGE
INSURERA: ZURICH AMERICAN INS CO - O.P. KS
INSURER B: AMERICAN GUARANTEE & LIAB ZURICH
INSURER c: SENTRY INSURANCE COMPANY
INSURER D : CONTINENTAL CAS V.O. SCHINNERER
INSURER E :
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
l!'l!l!' POLICY EFFECTIVE ~4';!~Y EXPIRATION
TYPE OF INSURANCE POLICY NUMBER LIMITS
~ERAL LIABILITY EACH OCCURRENCE $ 1 000 000
A X COMMERCIAL GENEFlAL LIABILITY GL03504583 06/01/2004 06/01/2005 FIRE DAMAGE [Anv one fire\ $ 1 000 000
I CLAIMS MADE [K] OCCUR MED EXP (Anv one carsonl $ 5000
PERSONAL & ADV INJURY $ 1 000 000
GENEFlALAGGREGATE $ 2 000 000
n'L AGGRE~ LIMIT APFil PER: PRODUCTS - COMP/OP AGG $ 2 000 000
POLICY X ~:8T X LOC
~OMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000
B JL ANY AUTO BAP3504584 06/01/2004 06/01/2005 (Ea accident)
B ~ ALL OWNED AUTOS TAP35 04586 06/01/~0~ n 06/01/2005 BODILY INJURY
NAGEMENT $ XXXXXXX
SCHEDULED AUTOS APi . -S(1.... . (Per person)
~ BY -..m
JL HIRED AUTOS 1.I. . BODILY INJURY
$ XXXXXXX
~ NON-0WNED AUTOS !o~ }~( ~ (Per accident)
DATE '"
V\ PROPERTY DAMAGE $ XXXXXXX
U'A" .r-,', ' ., ::~ (Per accident)
..... .. "V XXXXXXX
RAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO NOT APPLICABLE OTHER THAN EA ACC $ XXXXXXX
AUTO ONLY: AGG $ XXXXXXX
EXCESS LIABILITY EACH OCCURRENCE $ 1,000,000
B ~j' OCCUR D CLAIMS MADE AUC3808400-00 06/01/2004 06/01/2005 AGGREGATE $ 1 000.000
R [R] UMBRELLA (EXCLUDES PROF. LIAB) $ XXXXXXX
DEDUCTIBLE FORM S XXXXXXX
RETENTION $ $ XXXXXXX
C WORKERS COMPENSATION AND 90-14910-01 06/01/2004 06/01/2005 X l~cfR~~~~V,:" I I~JH-
EMPLOYERS' LIABILITY 1 000,000
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $ 1 000 000
E.L, DISEASE - POLICY LIMIT $ 1 000 000
D OTHER PLNI13978408 06/0112004 06/01/2005 PER CLAIM: $1,000,000. AGG:
ARCHS & ENOS PROFESSIONAL $1,000,000.
LIABILITY
DESCRIPTION OF OPERATIONSlLOCATIONSlVEHICLESlEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
RE: COMMUNITY MASTER PLAN FOR KEY LARGO. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS IS NAMED AS ADDmONAL
INSURED AS RESPECTS GENERAL AND AUTO LIABILITY,
CERTIFICATE HOLDER I I ADDITIONAL INSURED' INSURER LETTER: CANCELLATION
2039835 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DATE THEREOF, THE ISSUING INSURER WILL ENOIiA"OR TO MAIL.l!L DAYS WRITTEN
C/O MONROE COUNTY GROWTH MANAGEMENT DIV.
ATTN: DIVISION DIRECTOR NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, IlUT FNlURIi TO 00 SO SHAll
MARATHON GOVERNMENT CENTER IMPOSE NO OIlI.lGMION OR ll,'\BllITY OF "NY KINO UPON THE INSURER, ITS Al;:ENTS OR
2798 OVERSEAS HIGHWAY, SUITE 410 REPRESENT A:n'IE&.
MARATHON FL 33050 AUTHORIZED REPRESENTATIVE /Z:_ g --L..
I
ACORD 25-5 (7/97) For question. ,.gardlng thie certificate, eontaet the number lIated in the 'Produce" uc:tlon above and speelfy the cUent code 'HDRIN01'. C ACORD CORPORATION 1
988