01/19/2005 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
February 8, 2005
TO:
Timothy McGarry, Director
Growth Management Division
ATTN:
FROM:
Mayra Tezanos
Executive Assistant
Pamela G. HancnAftv
Deputy Clerk 0
At the January 19, 2005, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
J Blanket Purchase Order by Monroe County for the firm of HDR Engineering, Inc. to
provide technical and management assistance under State Contract No. 973-001-00-1 concerning
the Tavernier Urban Design Guidelines and Tavernier Historic District Guidelines, and authorized
execution of a Contract for Professional Services for same. Enclosed is a duplicate original for
your handling.
Supplemental Joint Participation Agreement No.4, Contract AI-893, between Monroe
County and the Florida Department of Transportation to provide funding to complete three
corridor master plans for the remaining areas of the Livable CommuniKeys Program as well as
additional funding for ongoing corridor master plan studies. Enclosed are three duplicate
originals, executed on behalf of Monroe County, for your handling. Please be sure to return the
fully executed "Monroe County Clerk's Office Original" and the "Monroe County Finance
Department's Original" as soon as possible,
Should you have any questions please do not hesitate to contact this office.
cc: County Administrator w/o documents
County Attorney
Finance
File /
MONROE COUNTY
CONTRACT FOR PROFESSIONAL SERVICES
TAVERNIER URBAN DESIGN GUIDELINES AND
TAVERNIER HISTORIC DISTRICT GUIDELINES
THIS CONTRACT is made and entered into this 19th day of January 2005, 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, hereafter CONSULTANT.
Section 1. SCOPE OF SERVICES.
1. 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. Provide all best available data and base maps as to the CLIENT's requirements for
Work Assignments.
2.1. 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.
2.2. 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. I n the event that such access is so
obstructed, CONSULTANT and CLIENT shall work together to resolve the
difficulty in a timely manner.
2.3. 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 CLI ENT 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 consent
of the CLIENT and CONSULTANT. Subsequent services shall be performed in
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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 $ 80,000. The CLIENT agrees to pay the CONSULTANT according
to the percentages of completion of each deliverable in -Exhibit "A"- based on
progress reports and other documentation to show the hours expended by each
of the consultant's staff and the reimbursable expenses appropriately
documented with a 10% retainage by County until each deliverable is fully
completed. 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 used in calculating the
compensation due are:
e Architect
4.3 Other costs including travel as are indicated in Exhibit "A"
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 invoices with progress report of activities on a
monthly or otherwise regular basis until the work under this agreement is
completed.
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.
5.5 Continuation of this contract is contingent upon annual appropriation by Monroe
County.
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 CLI ENT 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
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to any assignment, no assignment will release or discharge the assignor from
any duty or responsibility under this agreement.
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:
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,
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deduct from the Contract 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.
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 CLIENT 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. 768.28, 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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SECTION 34. DOCUMENTATION
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 County 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 35. CLAIMS FOR FEDERAL AID
CONSULTANT and CLIENT agree that each shall be, and is, empowered to apply for,
seek, and obtain federal and state funds to further the purpose of this Agreement:
provided that all applications, requests, grant proposals, and funding solicitations shall
be approved by each party prior to submission.
IN WITNESS WHEREOF each party hereto has caused this Agreement to be executed
by 118 duly authorized representative.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
~~
By
.L)J~ >n ~~
Mayor/Chairman
HDR Engineering, Inc.
Attest:
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By 2'/MV;v' a
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Page 14 of 19
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EXHIBIT "A"
SCOPE OF SERVICES
December 30, 2004
TAVERNIER CREEK TO MILE MARKER 97 DESIGN GUIDELINES PROJECT
MONROE COUNTY, FLORIDA
The following Scope of Services is planned for the Tavernier Creek to Mile Marker 97 Design
Guidelines (TDG) project which focuses upon the island's existing conditions, builds on the results of
the Tavernier Livable CommuniKey's project implementation Board of County Commissioners
directive, and will guide future development / redevelopment opportunities within the community.
The emphasis of this work shall encompass two distinct areas within Tavernier, 1) Design Guidelines
for Development along US 1, and 2) the Historic Preservation Guidelines for the historic Tavernier
area. 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).
Task 1: Project Coordination ($5,616)
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 TDG 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, parcels, building footprints, plans, and codes
pertaining to Tavernier.
B. Stakeholder Interviews - The Consultant and County staff will conduct a limited number
of direct interviews with community leaders who were active in development of the
Livable CommuniKey's plan and local developers. County staff will provide a list of
community leaders, coordinate and schedule meetings, and participate in the interviews
prior to the design workshop event.
C. Coordination Meetings - The Consultant and County staffwill conduct a monthly project
meeting / conference call to coordinate work progress and identify needs. Summary
meeting notes to be supplied with project action items by the Consultant.
D. Other Project Correspondence - The Consultant and County staff will utilize personal, e-
mail, facsimile, and telephone as the preferred methods of communications.
Deliverables:
1)
2)
3)
Attend project kick-off meeting ($2,800)
Conduct stakeholder interviews and draft meeting summary ($1,500)
Proj ect coordination ($1,316)
Page 1 of 4
Task 2: Preliminary Investigation ($9,388)
The initial phase of this project will comprise an investigation and analysis of the current conditions
within Tavernier. During this investigation, the Consultant with assistance from the County will
collect, compile and analyze existing GIS and readily available datasets relevant to the project. The
Consultant will develop base maps and data that depict existing conditions. This information will be
reviewed with the County staff prior to its public presentation.
A. Document Existing Uses - Document existing Commercial, Residential, and Historic
Resource area uses, their architectural styles, scale and massing. Collect examples of
relevant alternative Florida development typologies. County staff shall provide the
Consultant digital photos of existing conditions including structures context and detail
images for use in the project at the kick-off meeting.
B. Develop Guiding Principles - Draft the guiding principles for the development of
buildings. This shall include building placement standards, building massing, building
configuration standards, building signage, "monument" signage, and street lighting. Draft
language on approval procedure of drawings by County. The guidelines shall be
responsive to Momoe County Land Development Regulations and Comprehensive Plan
proVIsIons.
Deliverables:
1)
Submit guiding principles memorandum ($9,388)
Task 3: Design Workshop ($35,494)
The TDG project will utilize a three (3-day) design workshop for soliciting and facilitating community
involvement within 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.
The Consultant will develop and facilitate presentations (MS PowerPoint, maps, handouts, etc.).
County staff will coordinate meeting locations, setup, legal notice requirements, and materials.
A. Visual Preference Workshop - The Consultant and County staff will develop a visual
preference presentation to solicit community input for design elements during the opening
day's presentation. The Consultant will provide an electronic draft of the presentation,
copies and distribution of the questionnaire will be made by the County. Survey results
will be tabulated and analyzed for development of the plan.
B. Agency Meeting - The Consultant and County staff will conduct a coordination meeting
with appropriate agencies (Historic Preservation Commission, Florida Key's History
Center, etc.) to outline project approach, solicit agency input on plan issues, and establish
involvement mechanisms for plan support.
Deliverables:
1)
2)
Prepare for and conduct visual preference workshop ($30,170)
Submit agency meeting summary memorandum ($5,324)
Page 2 of 4
Task 4: Document Production ($21,864)
The TDG plan is anticipated to be formatted as a tabloid (11" x 17") document. The contents of the
document will respond to the County's need for an 8.5" x II" land development code and
comprehensive plan insertion. 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:
A. Draft Design Guidelines for Tavernier Creek to Mile Marker 97 Development (U.S.
Highway 1 Corridor) - Combine and refine guiding principles and graphic vocabulary
with results from design workshop for use in the Task 5 process. Ensure that these
guidelines are not completely unique compared to the Key Largo guidelines.
B. Draft Tavernier Historic Preservation Guidelines - Combine and refine guiding principles
and graphic vocabulary with results from design workshop for use in the Task 5 process.
These guidelines will be similar in content to the City of Key West Historic Architectural
Guidelines reference document.
C. Finalize Guidelines - Create a reproducible (PDF) document to be used by developers,
design professionals, real estate agents, and contractors from results of the Task 5 approval
comments.
D. Draft Text Amendment Recommendations - Create a MS Word document listing all
required amendments and providing all necessary language (deletions, insertions, etc.) that
will be required to make changes to the Comprehensive Plan and Land Development
Regulations in order to implement the Tavernier Creek to Mile Marker Design Guidelines
and Historic Preservation Guidelines.
Note: Consultant shall provide one color original of the draft documents and MS Word document
and PDF versions.
Deliverables:
1)
Submit Draft Design Guidelines for Tavernier Creek to Mile Marker
97 Development ($6,600)
Submit Draft Tavernier Historic Preservation Guidelines ($11,000)
Submit Draft Text Amendment memorandum ($4,264)
2)
3)
Task 5: Public Review, Comment and Approval ($7,638)
The Consultant will make a presentation in conjunction with the Planning Department staff at the
Planning Commission public hearing to consider the proposed design standards and ordinances
amendments:
A. Planning Commission (PC) Public Hearing - The Consultant and County staff will make a
presentation at the public hearing and respond to comments, suggestions, and revisions to
the proposed design guidelines and text amendments.
Page 3 of 4
B. The Consultant and County staff will prepare responses to public comments/questions
raised and incorporate revisions recommended by Planning Commission.
C. Board of County Commissioners (BOCC) Public Hearing -The Consultant and staff will
make a presentation at the public hearing and respond to comments, suggestions, and
revisions to the proposed design guidelines and text amendments.
Deliverables:
1)
2)
3)
Prepare for and attend PC Public Hearing ($3,800)
Prepare and submit redraft documents and supporting materials
re($1,150)
Prepare for and attend BOCC Public Hearing ($2,688)
Total Estimated Fee: $80,000
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 four (4)
month period.
Preliminary Target Dates:
Project kick-off meeting -
Begin data collection -
Design workshop -
Draft Report submitted to County -
DRC Meeting (NIC) -
PC Public Hearing-
BOCC Public Hearing -
January 20,2005
January 20
February 7-10
March 23
April 18
April 27
May 18 2005
- - - END OF SCOPE - - -
Page 4 of 4
PRODUceR
ACORD.. CERTIFICATE OF LIABILITY INSURANCE 06/0112005 ~~;
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
Lockton Companies
444 W. 47th Street, Suite 900
Kansas City Mo 64112.1906
(816) 960-9000
INSURERS AFFORDING COVERAGE
IN8UflED
1013472 HDR ENGINEERING, INC.
ATIN: LOUIS J. PACHMAN
8404 INDIAN HILLS DRIVE
OMAHA, NE 68114-4049
COVERAGES
SA
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NorwrrHSTANDING
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 POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
~,!l1' TYPE OF INSURANCE Pnur-y NUMBER POLICY EFFECTM! POLICY EXPIRATION LIMITR
~ LlA8IUTY EACH OCCURRENCE . 1 000 000
A .x OEflClAL GENERAl.. UA8ILlTY OL03504583 0610112004 06/0112005 FIRE DAMAGe h. . 1.000.000
- CLAIMS MADE [1lJ OCCUR MED EXP tAlly one .,."""'\ . 5000
- PERSONAL" ADV INJURY . 1 000 000
- GENERAl. AGGREGATE . 2000000
~LAGGAEmLlMI": ~PER: PRODUCTS. COMPIOP AGO . 2 000 000
. POlICY X.':?': X I LOC
.A!!fOMOBlLE LlA8IUTY COMBINED SINGLE LIMIT . 1,000,000
B .x ANY AUTO BAP3504584 0610112004 0610112005 (Ea accldent)
B - ALL OWNED AUTOS TAP3504586 0610112004 0610112005 BODILY INJURY XXXXXXX
'~'JI .
SCHEDULED AUTOS ;,1 rl~ (Pw PMOO)
-
.x HIRED AUTOS 1- BODILY INJURY XXXXXXX
\- }- .
.x NON-OWNED AUTOS OS (Pet accident)
~ PROPERTY DAMAGE . XXXXXXX
(Pw 8CCldent)
rr:~ UABILITY AUTO ONLY. EA ACCIDENT . XXXXXXX
~v AUTO NOT APPUCABLE OTHER THAN "A u-:r- I . XXXXXXX
AUTO ONLY: AGG . XXXXXXX
EXCESS LlA8IUTY EACH OCCURRENCE . 1 000,000
B ti:TOCCUR D CLAIMS MADE AUC3808400-OO 0610112004 0610112005 AGGReGATE . 1 000 000
R [K] UMBRELLA (EXCLUDES PROF. UAB) .. XXXXXXX
OEOUCnBLE FORM . . XXXXXXX
RETENTION $ . XXXXXXX
C WORKERS COMPENSATION ~D 90-14910-01 0610112004 06l01l200S X IWC STA'fU. I 12oTH-
EMPLOYERS' LIABILITY E.L. EACH ACCIDENT . 1 000 000
E.L. DISEASE. EA EMPLOYE~ . 1 000 000
E.L. DISEASE. POLlCY LIMIT . 1 000 000
D OTHER PLA113978408 06101/2004 061011200.5 PER CLAIM: $1.000.000. AGO:
ARCHS '" ENOS PROFESSIONAL $1,000.000.
UABIUTY
DESCIW'TlON Of' OPEftATIONlIILOCATION8/VEHICLESII!XCLUSIONS ADDED BY ENDORSEMENTI8PEClAL PROVISIONS
RE: DESIGN AND HISTORICAL PRESERVATION GUIDELINES FOR TAVERNIER, MONROE COUNTY. MONROE COUNTY IS NAMED AS
ADDmONAL INSURED AS RESPECTS AUTOMOBILE AND GENERAL UABIUI'Y COVERAGES.
CERTIFICATE HOLDER I I ...~. '~ED' -URER LI!TTFR: ~ lNCELLATlON
2195642 SHOULD ~Y OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 'OfE EXPIRATION
MONROE COUNTY DATE THEREOF, 'OfE ISSUING INSURER WILL 1lNOSA\I~ MAIL 30 DAYS WRITTEN
A TIN: JASON KING
88800 OVERSEAS HIGHWAY NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. lIlT F'IILURI 1'0 DQ 10 IWA1L
TAVERNIER FL 33037 IMPal1i NO OILlQUlaNaR UAa'LR"YOF ANYKlNDUPONTHIi MURIi" R"" AQIiiHn OR
~
AUTHORIZED REPRESENTATIVE ~ .# ......c""'_
ACORD 25-S 197 FOI~...""'lnll_-' conl.tcllllenu__lnthll 'Pnld__lon _..ondapodlyllle__'H_'. o AC~D CORPORATION 1988
(7
PRODUCER
DATE (MMlDDIVY)
ACORn.. CERTIFICATE OF LIABILITY INSURANCE 06/01/2006 OS/25/2005
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
LockIan Companies
444 W, 47th Street, Suite 900
Kansas City Mo 64112-1906
(816) 960-9000
INSURERS AFFORDING COVERAGE
INSURED
1013472
HDR ENGINEERING, INC.
ATTN: LOUIS J, PACHMAN
8404 INDIAN HILLS DRIVE
OMAHA, NE 68114-4049
RICARDO N. CALVOITAMPA
INSURERA ZURICH AMERICAN INS CO - O.P, KS
INSURER B: AMERICAN GUARANTEE & LIAB ZURI H
INSUR R . SENlRY INSURANCE A MUTUAL COMPANY
, CONTINENTAL CAS V O. SCHINNERER
COVERAGES
HDRINOI
SA
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 C.ONTRACT 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.
I~;: TYPE OF INSURANCE POLICY NUMBER PD~1'~1JM'DIjf~!XE PJi~~~J~Jri~~WN LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ ] 000 000
- 06/01/2006
A II OMERCIAL GENERAL LIABILITY GL03504583 06/01/2005 FIRE OAMAGE IAnv one fire' $ I 000 000
- CLAIMS MADE [llJ OCCUR MED EXP IAnv one person) $ 10 000
-- PERSONAL & ADV INJURY $ I 000 000
- GENERAL AGGREGATE $ 2 000 000
~'L AGGRE~ LIMIT AP~ PER: PRODUCTS. COMP/OP AGG $ 2 000 000
POLICY X rmi X LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
- $ 2.000,000
B II ANY AUTO BAP3504584 06/01/2005 06/01/2006 (Ea accident)
B - ALL OWNED AUTOS TAP3504586 06/0112005 06/01/2006 BODILY INJURY XXXXXXX
$
SCHEDULED AUTOS (Per person)
- ,'PPfiOV;:': tJ-l iW:;:~ 111111 N
II HIRED AUTOS 8Y _YiJ:-J ~GEMENT BODIL Y INJURY XXXXXXX
\~.. I'a $
II NON.OWNED AUTOS (Per accident)
DATE ____.", "jQ~_d LJ - ( -------- PROPERTY DAMAGE
!)::; (Per accident) $ XXXXXXX
~AGE LIABILITY WAIVEF: 'i 1-==--" AUTO ONLY. EA ACCIDENT $ XXXXXXX
I.',I.J, 'iFf
ANY AUTO NOT APPLICABLE "n"'_..".".....__~. OTHER THAN EA ACC $ XXXXXXX
AUTO ONLY: AGG $ XXXXXXX
EXCESS LIABILITY EACH OCCURRENCE $ 1.000,000
B 8 OCCUR D CLAIMS MADE AUC3808400 06/0112005 06/01/2006 AGGREGATE $ 1 000 000
~ UMBRELLA (EXCLUDES PROF, LIAB) $ XXXXXXX
R DEDUCTIBLE FOAM s XXXXXXX
RETENTION $ $ XXXXXXX
C WORKERS COMPENSATION AND 90-14910-0 I 06/01/2005 06/01 /2006 X IWC STATU. I InH.
C EMPLOYERS' LIABILITY 90-14910-02 06/01/2005 06/01/2006 1 000 000
E.L, EACH ACCIDENT $
E,L. DISEASE. EA EMPLOYEE $ ] 000 000
E.L. DISEASE. POLICY LIMIT $ 1 000 000
D OTHER PLAl13978408 06/0112005 06/01/2006 PER CLAIM: $1.000,000, AGG: $1,000,000.
ARCHS & ENGS PROFESSIONAL
LIABILITY
DESCRIPTION OF OPERATIONSlLOCATIONSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
RE: DESIGN AND HISTORICAL PRESERV A TION GUIDELINES FOR TAVERNIER, MONROE COUNTY. MONROE COUNTY IS NAMED AS ADDITIONAL
INSURED AS RESPECTS AUTOMOBILE AND GENERAL LIABILITY COVERAGES.
/t:r.lle (" 11/ ~r tI r ban )eSJq n
t':FRTIFIt':ATE HnLDER I I ADDITIONAL INSURED' INSURER LETTER: GANCELLATION
2195642 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
MONROE COUNTY DATE THEREOF, THE ISSUING INSURER WILL E~JPE""'OR TO MAIL ~ DAYS WRmEN
ATTN: JASON KING
88800 OVERSEAS HIGHWAY NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,S' 'T PllURE TO PO EO EH'll
TAVERNIER FL 33037 IMPOSE NO OBlIC'TION OR lI'BllITY QF '~~Y K"IP upml THE INSURER, ITS 'CENTS QR
REPRESENT'TP'ES.
AUTHORIZED REPRESENTATIVE ../L .-L".
I y/
ACORD 25-S (7/97) For questions regarding this certificate, contact the number fisted m the 'Producer' section above and specify the client code 'HDRIN01., @ACORDCORpORATION1988
6 /.?- J /I)s"" 7 m. S M. Vi /~