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HomeMy WebLinkAboutHandouts_Workshop_Tab 02_06/11/2015 ,� ���rtificial R eefs a� � s oi ' '� �� �: �`� \ e - � `� \ °6 sF+�e��, ' l ` � � i � ,'� � � ' � — f�7DREW RED HARRIS,—. , �. �. � �� '� FOUNUATIUN�''`� ;�� � � I3canwG Aanrin:v. Rn:rs � r 7;�a� , �,. � ' I I ' � I ' � I The Andrew "Red" Harris Foundation Reef The Andrew "Red" Harris Foundation funds the construction of beautiful artificial reef modules that we donate to the Palm Beach County Artificial Reef Program for placement on sites in the ocean off Jupiter, Florida. These sites are permitted by the Army Corps of Engineers for artificial reef construction. The Foundation was created to honor the memory of Andrew Harris who was struck by a boat while snorkeling in the Jupiter Inlet on June 8, 2014. The foundation's work will help assure the long-term health and vibrancy of the local marine environment where Andrew loved to dive and fish. The Foundation's 2015 project is the construction of a new northern Palm Beach County reef built with forty 6' x 8' x 8' concrete artificial REEF CELL modules at a cost of approximately $120,000. Our 2016 project will be built with up to 100 modules off Jupiter and Juno Beach. The unique REEF CELL design, rising eight feet from the sea floor, will create highly functional reef structures that will quickly begin to look like Bahamian coral heads. Go to http:/Jandrewredharrisfoundation.org to see pictures, videos, information about the foundation and it's projects and learn how you can get involved. The new reefs will be built on offshore sites that are vast underwater sand plains. The Foundation will continue to build productive new reefs on unproductive sites off the shores of northern Palm Beach Counry. Our goal is to help the marine habitat keep pace with the increasing pressure on it from a variety of destructive influences including population growth, climate change, pollution, invasive exotic species and lack of education on and appreciation for the value of our marine resources. The communiry will benefit in terms of personal enjoyment and satisfaction in being able to take part in this effort to help build the strength of the marine environment that is the key to the south Florida lifestyle. 100% of the funds we raise goes to the construction of new reefs- please pitch in! The National Oceanic and Atmospheric Association (NOAA) has stated that artificial reefs divert pressure from natural reefs while still allowing visitors to enjoy diverse marine life. Because many of these divers, snorkelers and anglers are eco-tourists who utilize local boat charters, hotels, restaurants and other amenities, artificial reefs can have a positive impact on local economies. In such an instance, the artificial reef would be considered a win-win for the economy and the environment.* According to Alan Richardson, Chair of the Organization for Artificial Reefs based in Tallahassee, FL, he estimated that for every dollar spent locally on artificial reefs, $138 comes back into [local] communities**. Please join us as we continue to build artificial reefs to both enhance our environment and honor the memory of Andrew and everything that was important to him. �p - I l- �S .___`__ T � ! � c ' ...___......."'.............. _ ...... . . ...""_ . . ._ ' ..... ............. ._ ___".."' '___"_'._.""` _ __'__...._................_..._...._.___..__.. ..... .......... _. ...'............... ..... ...... . . . .. . � �� M �—? c , ACN �\ � � � � ;.. � '2 � 1 . � � c� r-�-_ � � '� ��� �.,� �' 2 �` � ' , �'� '" . _ "�� ,� ,---� � , ; ;, � � � ;� � CL �e! � ;�.� � �' ' : � `` I � � a - � • • i , y.� � ..�„rt "�� _•= �.�' �i �� ' � `� � - \ Jupiter Inlet g���v _' �,, t '�' -y REEFCELLS �LORIS� ,, • • LI.�IOI�IdA �' c ',�;;`�' TO�t'\ OF JliPITER Distrut �-- - - �_....... ..--- - - - _ - -.. _�......... . . - - ----- ----_. __..___ _� ---......-- . . �. .---- ..... ._ __ _�. --- - -..._�.. _ . _ --- - . �-- -. , . 18230 River Oaks Drive, Jupiter, FL 33458 � AndrewRedHarrisFoundation.org � 561-718-7348 � � F P . � ' � b �. _ _.� � f , , , ir , �' �' � , ll __ ` I d E_—. � . �� � � � � � '��._.. � ` �i.� ; . � , �� �, -� �.�:. �� ' o ._�''�^ ., a �� y k . ffi ., _ . y � . � � '� .. ,� �, � � , � . � � � � . � .. , . , s .,, �. �.�w . 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' ' �* Y t . �, e.�° � . �, �'[ � �' ` � ,,..,. - ,,. _ _ . ,� �. �� . . �� ���� . � � �, , _, , � � � .. . -.� � �' � , �t�� � �°° �� � ' � ��� � � � �� ��. •� � } ,, � ,: �'. . .a„ , f..�� � � �, . . . �� � � .� ��^ �~ � � , F � � � �° � � v � . _ � 4 , .�� - . :. --- � - ' -r .. -- - . _ _ '`� . . ;- 7 . i , . � � . .:� �,� u . ; �;,� ; ,� ., '` ; � `� � '�, ,� �� ' Ji,•, ' � � . . L , - . °� �� z� � .. ,:x� � R ,: >� �`"'�, '- . �> ... . , .. w - . � 4��p,�lfi�ciai Ree��t � b a� '"`�. �.i� �..,- ��i � . � � ,- ��,� t ,_ T � �1 � � -.dr,` F4. `�. � � C A\DRF_'l�' Kf_U H:IRRIS.. � � o �� c n � � i �� � ,..� .. +�� ...... �` - - .� .._��,..,. �„ Biuni��,:Ar.nu�iu.Riin�,�i�l.!ii � .�-.�i�,.:.�.:,�.. �,,� , ' I I I Pro Forma Budget for Andrew "Red" Harris Foundation Project #2 Summer 2016 The Foundation's second project involves the placement of 100 artificial reef cell modules. Each module costs $1,400.00 to construct. Transportation of the modules is $800.00 per truck load and deployment is approximately $450.00 per cell. 100 reef cells @ $1,400.00 ea = $140,000.00 14 truck loads @ $800.00 ea = $11,200.00 100 reef cells deployed @$450.00 ea = $45.000.00 Reef cell cost for Year 2 project $ 196,200.00 Limestone Boulders= $63,900.00 Total Project Cost= $260,100.00 Funding Sources Organization Amount Ratio of Matching Funds Fish and Wildlife Commission 60,000.00 23.1% Palm Beach County $60,100.00 23.1% Andrew "Red" Harris Foundation 140,000.00 53.8% Total Fundin� $260,100.00 100.0% The Andrew "Red" Harris Foundation is actively raising funds to offset our $140,000 commitment. The Andrew "Red" Harris Foundation respectfully requests that the Village of Tequesta, in considei of it's residents being primary beneficiaries of this project, approve funding 5% of the project cost ($260,100)(5.0%)= $13,005 � a�' _,� � c .�. "' r � � �+�- `; y � �G� �„ � �� �? � t .� '� a � �^ � � �' F � _ ' � . . � � ���"�� �,� , ' . � �. � `� r 3 �. ���,�,�,, �,, . �., �,, rl � REEFCELLS �LORIO� �up�terinlet �CAFlorida ����1�� ta:��` Z'U�1 � uk j t P� I i�. �; D�strict "�= 18230 River Oaks Drlve, Jupiter, FL 33458 � AndrewRedHarrlsFoundatlon.org � 561-718-7348 ��a'g^ �. � � ��:.', "cnr�' , ' "".�, ; �cr�.. . � . , .. . . -n, ... E , ?" - . � p :;�,�,, ' 4�'�,�**z �- ,�-?-^� �' - �,�—'; `�,� L , , " ' ' -' ��„ � �'': , � ' , _ � u; `.S i. - � . . - �d., - rt, i " .. .. � � . • � �'"':"., _ , . _ _ . � . . _ .. -" ' . , i .� � �.�'s" , . , " � - _ . � t - ' ° '@t� � -- - , _. y r "�' 0 . , � . � ' � �t - 4. 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ARTIFI I - `, :� . - �;, z � ;, C a►L REEF - ��, � ¢ ' ': CONSTRUCTION & MONIl'ORING r �_ '� ��:°' -, -; � ��� ;'`� � `;°� a� , � APPLIC�4TIOiVS � y . � � ; �':�.$' � : CaRANT :,���`-4� �. �, -.:�::r ,� � '��-- �..-�� ". _ �3�� S � � *`' ` �'�w� �� :•� `�_: �;�,� :� IFOR FISC�►L YEAR 2015-20'16 � ` _ : � ` x= f,` - � �1 s-�;# � " i'�'; ' ��r*�.tf� ,_ _ - . . e�. A' , .:�� -; � � " ;� , _$ � 'w '. '_ , '�Y -� ` .. '` ., .. � ,�S '- . , ,°�. .�.3»�i'. — '-:: ��;':� ,�- �-��_a� . �,;._ � ,��:�4�` �'� . Florida Fish & Wildlife Conservation Commission * ��� N�a,��. � . ° " : ' : �� ��'.' � �- , ' ,,,� , � ' Division of Marine Fisheries, Artificial Reef Program • �s� � � ,,��� 4 � �ti�` � _ ����,;; . 620 South Meridian Street, Box 4B2 - `°� � :< �*, �' *��. , .�!, ~ .�_ � �•� ;�,�-M: � �� .. �. 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Name of loml cnae�al.9�+4 �b. a ellg[hla medoryvctk mryoretlon printsd Nems� Title Palm Beach County Envlronmental Resources Management Carman Vare, Environmental Program Supervisor e�u� aed�s r�n�e ndare� 2300 N Jog Road, 4th Floor SAME phyelcal Address. for couder earvles, whh slp cods (l} differa�rt then malll� addreaa) Phyaleai Address, for caurler sarvics. wkh zlp aoda (If dlHerant then malling addrees) �{ty 9ta0e Zlp Code Ciry State ZW Code West Palm Beach FL 3411 Talapha�e Fax Tebpho�ro Fa�c (561 ) 233-2400 ( 561 ) 233-2414 ( ) { � ppp �y� Emdl eddrose 59-6000785 cvare@pbcgov.org .-�-�-s-_.=. = - - - - - = =- - - _ . - - ° _ �__ _ °�- �- - , w: _ , '' z_ : , � - ,. , , . - - = _ _ � f, - - _ 7= j ` �`tha ��. rrmiation su�rrt�d w(th � f e'and com ` te to tiest ot � n" P ied e: -- � � �' �� "�bt,l� � C7 $�shop �iv►�'v✓i 1�it'�G`��► S' ewre of Applicant Date Printed Name and Title � - - Project:Descrfptton - - Name of Proposed Reef Project Andrew Harris Reef Types of Material P�op�ed fo� oepioym��t: Pre-fabricated concrete reef structures & Limestone Boulders Amount of Material (tons), a��uo� N�mn�� of nn��ie u�oc� 1250 tons of limestone boulders and 10Q (1.5 ton) modules Proposed for Deployment: Proposed Coordinates 26 degrees 52.608' by 80 degrees 02.168 Depth (ft.): 45 ft LATILON declmal minutes: Grant Funds Requested: Matching Funds (Cash Only): Total ProJect Cost: � 60,000 $ $so,�ao � 120,100 (attach letter stating cesh match emount) , -�_„-. _ - -- - - - - - - -- - - — - - ---- _ - = _ --- - - - '� " "�&7�� i��B�,!�' .� r d � T �+ , _= _ - � • - rt ��.� . �i71d�.,!�TII�l�4�t' - ' �''_- _ = - " - - - - - �J' - ':�fli � - -- ��. . . � �I A �'1' __,�,. , . , -�,_� ;.. � . - ,. • � . , . ...a - > �,�t�V �ti�t� �i!'� � "� � ,.�._..,. `" - ,. _� � ,; . ,. _. -Y ��.� __�_.�,_, __ - -- - _ �� - - — ,. . . _ , . � s�d �w.�a�E;bf31+��1 ,�� �. : � ,- Name of Permi4 Holder: (ff different than appi(cartt, attech a latter of authorizadon irom the pertnft holder to use the sfte) Name of �uno Beach Mid-De th Reef Site Permitted Slte: P Check here if the permitted site is located ln State waters 6JSACOE Permlt Number: SAJ-2006-7012 (IP-JWH) �ssued:o7 �oT �zooa Explres: 02 / 14 J 2018 FDEP Permlt Number: Issued: 02 /�s � 2ooe (for skes bcated State waters) 50 -231153-002 � oZ �,4 i 2o,e � Check here ff lnformation for addltlonal permitted sites is attached. FWC Form AR01 (rev01/06} Page 7 of 4 Conshucdon GrantAppllcetlon � _ -��._ � � lt Andrew "Red" Harris Foundation Artificial Reef Program Goals � Objectives with the Town of Jupiter • Reef Foundation receives support from the Town Council and will work with Town staff on certain tasks/initiatives. • Artificial reefs and the local dive industry will become the Town's next ecotourism initiative and will become part of the Town's Jupiter Waterway mobile app. • Reef Foundation information will be placed on the Town's ecotourism webpage. • Reef foundation representative will become a member on the Town's Ecotourism Alliance Committee. • Town staff will assist Reef Foundation in partnering with other government agencies and local businesses. • Artificial Reef Program and Reef Foundation will be promoted at the Jupiter Jubilee. • Town will provide meeting space for Reef Foundation activities and education regarding artificial reefs and the local dive industry. • Coordinate with the Town Beach Committee on specific issues, procedures and public outreach. 210 Military Trail • Jupiter, Florida 33458 • Phone (561) 746-5134 • Fax (561) 575-9730 � � a � . •� . � Depunmcnt �if F.nvironmcninl • Rcsourees i►innu�cmenl 2300 Nonh Jog Ri,•rd, a" Flaa �� Scott Harris, President +� 'csi Prlm Onich, FL33�11 I-27�3 Andrew "Red" Harris Foundation, Inc. �s�,��,3�-,�,�0 18230 RlverOaks Drive F�x: �sei>?33-zaia luplter, FL 33458 �v w u�. pbc gu v, u�t n SUBJECT: AGREEMENT BETWEEN PALM BEACH COUNTY AND � ■ ANDREW "RED" HARRIS FOUNDATION, INC. Dear Mr. Harris: Pahn Ucuch Coun��• na��� prc���„ Enclosed, for your files, is a fully executed original agreement between Palm Cumml�siuncn geach County and Andrew "Red" Harris Foundation, Inc. Shcllcy V•rna. May�or M11an Luu Uerger, Viu A9 :tiy� �ank you for the opportunity to work with your Foundation in this regard. llal R. Val��lw �f you have any questions or need additional information, please do not hesitate r °°'"" �"`�" to contact me at 561-233-2444. Sic�cn L.:lbrams M1lc9iss� NlcKinlay Sincerely Pnseillu A Taylur � Rnan Vare, Environmental Program Supervisor Marine/Estuarine Section Cnum� Admloistrnlor Environmenta) Enhancement & Restoration Division Ru�n Wcisinun CN:dab Enclosnre ": i+r F.yuu( O/qxrrYwrrrt RlTrmulirr il cliun Emp/uur' 7:�eer�he�CurreM Projetts\Red Harris Foundadan ReetG4paer�nt Executed Odg-Mdrew Red Harris Foundatfon.da r , a • AGREEMENT BETWEEN PALM BEACH COiA�i� O 7�� 0 7�� pND JL ANDREW RED IiARRIS FOUNDATION, INC. THIS AGREEMENT is made and entered into on the day �P'� � 2 2 � , �, 2015, by and between PALM BEACH COUNTY, a political subdivision of the State of Florida {the "COUNTI'") and the ANDREW "RED" HARRIS FOUNDATION, INC., non-profit corporation autharized to do business in the State of Florida ("ARHF'�, both being hereinafler referred to collectively as the "parties". WITNESSETH: WHEREAS, ARHF was created in 2014 to honor the memory of Andrew "Red" Harris, a young man who was an avid diver, snorkeler and fisherman and who lost his life in a tragic snorkeling accident; and WHEREAS, ARHF is dedicated to assuring the long-term health and vibrancy of the coastal waters off of Palm Beach County by building artificial reefs; and WHEREAS, Palm Beach County has a shared interest in building artificial reefs to provide marine habitat and recreation; and WHEREAS, the parties wish to work cooperatively towards the construction of artificial reefs offshore of northern Palm Beach County; and WHEREAS, ARHF has agreed to fabricate high quality reef modules that will mimic corals and sponges and attract marine growth, sea life and 6sh; and WHEREAS, it is estimated that it will cost ARHF $1,400 to fabricate each reef module, and ARHF intends to donate between 40 to 100 reef modules to the COUNTY per year for the life of this Agreement; and WHEREAS, the COUNTY agrees to transport and place the reef modules within permitted reef site(s) offshore of northern Palm Beach County. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein contained, the parties agree as follows: 1. Recitals. 'I'he foregoing recitals are true and correct and are incorporated hereia by reference. 2. P' t. ARHF will fabricate high quality artificial reef modules that will be used to construct artificial reef(s) offshore of northem Palm Beach County, will provide temporary storage for the reef modules until the COUNTY is ready to transport the modules to a staging 1 site and will load the reef modules onto the COUNT'Y Contractor's vehicle for transport. The COLTNTY will transport and place the reef modules at COUNTY permitted reef sites offshore of northern Palm Beach County. 3. Party's Renresentatives/Liaison. a) The COUNTY's representative during the performance of this Agreement shall be Mr. Carman Vare, telephone number 561-233-2444, e-mail address cvare@pbcgov.org. b) ARHF's representative during the performance of this Agreement shall be Dale S. Sugerman, Ph.D, Chief Operating Officer, telephone number 954-568-8760, e- mail address dalesugerman@bellsouth.net. 4. AHRF's Responsibilities. AHRF shaIl: a} Fabricate COUNTY-approved artificial reef modules that provide a diversity of habitat spaces for a myriad of sea life and closely mimic coral and sponge habitats. The reef modules shall measure approximately 6 feet by 8 feet at the base, shall be approximately 48 square feet in dimension and shall be between 1.5 to 2.5 tons in weight with pick up points to facilitate loading, transport and placemeat ("Reef Modules"); and b) Hy June 30, 2015, fabricate 40 Reef Modules to be donated to the COUNTY. c) By June 30, 2016, fabricate between 40 and 100 Reef Modules to be donated to the COLJNTY. d} By June 30, 2017, fabricate between 40 and 100 Reef Modules to be donated to the COUNTY. e) Provide temporary storage for the Reef Modules until the COUNTY can transport them to a staging site and will load the reef maiules onto the COIJNTY Contractor's vehicle for transport; and � Bear all costs for fabrication ar�d loading of the Reef Modules and al( liability and risk assaciated with fabrication and loading of the Reef Modules up to the point that ARHF completes loading the Reef Modules for transport by the COLJNTY's contractor. 5. The COIJNTY's Responsibilities. The COLTNTY shalI: a) Work constructively with ARHF to ensure that the Reef Modules are constructed to the COLTNTY's specifications; and b) Once the Reef Modules are accepted by the CO[JNTY's Represenkative, the COUNTY shall provide the transportation, and pEacement of the Reef Modules at a one or more of the northern Palm Beach County permitted reef sites. The transport and precise placemeat of the Reef Modules will take place during calmer sea conditions (July through September) to ensure the work is performed safely and efficiently. 6. Naming of the Reef. The COUNTY agrees that any reef created pursuant to this Agreement with at least 40 Reef Modules wil! be referred to in any COiJNTY publication as the "Andrew Harris Reef", provided that the Reef Modules are placed at a previously un-named reef site. However, the parties understand and agree that any reef to be coastructed pursuant to this Agreement will be placed in state or federal waters that the COiJNTY does not own and that may be subject to cunent or future regulation by the state or federal government, which could affect the naming rights to the reef. In addition, the parties understand and agree that the COUNTY has no control over how the state, federal government or other parties refer to the reef(s) to be eoastructed pursuant to this Agreement. 7. Term. The term of this Agreement shall be from the date of execution by both parties until December 31, 2017, unless otherwise provided herein. 8. Availability of Funds. The COLTNTY'S performance and obligation to perform under this Agreement for subsequent fiscal years is conringent upon annual appropriarions for its purpose by the Board of County Commissioners. 9. Notices. All formal notices between the parties shall be deemed received if sent by certified maiI, return receipt �equested, to the parry's representatives identified below, at the below cited address. A copy of all such notice shall also be sent to the following counsel by U.S. Mail. Should any party change it� address, written notice of such new address shall promptly be sent to the other party and shall be effective upon receipt. Palm Beach County Director, Department of Environmental Resources Management 2300 North Jog Road, 4`� Floor West Palm Beach, Florida 33411-2743 Copy to: . County Attomey's Office 301 N. Olive Avenue, 6�' Floor West Palm Beach, Florida 33401 Andrew "Red" Harris Foundation, Inc. 18230 River Oaks Drive Jupiter, FL 33458 10. Default and Termination. a) If a party fails to fulfill its obligations under this Agreement in a timely and proper manner, the party not in default shall have the right to terminate this Agreement by giving written notice of any deficiency and its intent to terminate. Tbe party in default shall then � have thirty (30) days from receipt of notice to correct the stated deficiency. If the defaulting party fails to correct the deficiency within this dme and unless otherwise agreed by the parties, this Agreement shall terminate at the expiiation of the thirty (30) day time period. b) Either party may terminate this Agreement at any time for convenience upon thirty (30) calendar days prior written aotice to the other party. 11. Delegation. Nothiag contained herein shall be deemed to authorize the delegation of the coastitutional or statutory duties of state, county, or municipal officers. 12. Amendments. This Agreement may only be amended by written Agreement executed by the parties hereto with the same formality used to execute this Agreement. 13. Indemnification bv ARHF. ARHF and its agents, employees and contractors shall protect, defend, reimburse, indemnify and hold the COLTNTY, its agents, employees and elected officials harmless Gom and against all claims, liabiliry, expense, loss, cost, damages or causes of action of every kind or character, including attomey's fees and costs, whether at trial or appellate levels or othenvise, arising during and as a result of ARHF's or it agents, employees or contractors performance of the terms of this Agreement or due to the acts or the omissions of ARHF or its agents, employees or contractors. 14. Indemnification by the COUNTY. T�e COIJNTY acknowledges the waiver of sovereign immunity for liability in tort contained in Section 768.28, Florida. Statutes., and acknowledges that such statutes permits actions at law a�ainst the COUNTY to recover damages ia tort for money damages up to the amounts set forth in such statute for injury or loss of property, personal injury, or death caused by the negligence or wrongful act or omissions of an employee of the COCJNTY while acting in the scope of the employee's office or employment under circumstances in which the COUNTY, if a person, would be liable under the general laws of the State. 15. Insurance Requirements far ARHF. ARHF agrees to maintain, on a primary basis and at its sole expense, at all times during the life of this Agreement the following insurance coverages, limits, including endvrsements described herein. The requirements contained herein, as well as the COUNTY's review or acceptance of insurance maintained by ARHF is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by ARHF under this Agreemen� In addition, ARHF agrees to notify the COUNTY of any cancellation, non-renewal or material chaage taking place during the life of this contract. (This requirement may be satisfied by either ARHF or its subcontractor. In the event the subcontractor provides the coverages listed below, both the COUNTY and ARHF shal! be listed as addiNonal insured.) Commercial General LiabiGtv ARHF agrees to maintain Commercial General Liability at a limit of liability not less than 51,000,000 Each Occurrence. Coverage shall not contain any endorsement(s) exciuding nor limiting Premises/Operations, Personal Injury, ProducdCompleted Opecations, Contractual Liability, Severability of Interests or Cross Liability. Coverage shall be . q provided on a primary basis AddiHonal Ynsured ARHF agrees to endorse the COiJNTY as an Additional Insured with � �52026 Additional Insured or its equivalent — Designated Person or Organization endorsement to the Commercial General LiabiIity. The additional insured shali read "Palm Beach County Board oP County Commissioners, a Political Subdivision of the State of Florida, its Officers, Employees and Agents. Coverage shall be provided on a primary basis Waiver of Su6ro�ation ARHF hereby waives any and all rights of Subrogarion against the COUNTY, its officers, employees and agents for each required policy. When required by the insurer, or shou(d a policy condition not permit an insured to enter into a pre-loss agreement to waive subrogation without an endorsement, then ARHF shall notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver af Subrogation requirement shall not apply to any policy which includes a conciition to the policy specifically prohibiting such an endorsement or voids coverage should ARHF enter into such an agreement on a pre-loss basis. Certificate(sl of Insurance � ARHF agrees to provide the COUNTY a Certificate(s) of Insurance evidencing that all coverages, limits and endorsements required herein are maintained and in full force and effect. In addition, ARHF agrees to notify the COUNTY of any cancellation, non-renewal or material change taking place during the life of this contract. 'The Certificate Holder address shall read: PALM BEACH COUNTY c/o Director, Deparhnent of Environmental Resources Management 2300 North Jog Road, 4`�' Floor West Palm Beach, Florida 33411-2743 Ri�ht to Review the COLJNTY reserves the right, but not the obligation, to rsview and revise any insuraace requirement, not Iimited to limits, coverages and endorsements based on insurance market conditions affecting the availability or affordability of coverage; or changes in the scope of work / specificatians affecting the applicability of coverage. Additionally, the COLJNTY reserves the right, but not the obligation, to review and reject any insurance policies failing to meet the criteria stated herein or any insurer providing coverage due to its poor financial condition or failure to operating legally. 16. Insurance Requirements for the COUNTY. Without waiving the right to sovereign immunity as provided by Florida Statute, Chapter 7b8.Z8, the COUNTY acknowIedges to be self-insured for General Liability and Automabile Liability under Florida's sovereign immunity statute with monetary waiver limits of $200,000 Per Person and $300,000 Per Occurrence; or such limits that may change and be set forth by the legislature. The COITIVTY acknowledges to be self-insured for Worker's Compensatian & EmpIoyer's Liability insurance in accardance with Florida Statute, Chapter 440. When requested, the COLINTY agrees to provide a Certificate of Insurance evidencing self- S n . insurance and/or savereign immunity status, which ARHF agrees to recognize as acceptable for the above mentioned coverages. 17. Nondiscrimination. The parties warrant and represent that all of their respective emplayees are treated equally during employment without regard to race, color, religion, disability, sex, age, natianal origin, ancestry, marital status, familial status, sexuat orientatian, gender identity and expression, or genetic information. ARHF has submitted to the COUNTY a copy of its non-discrimination policy which is consistent with the above, as contained in Resolution R-2014-1421, as amended, or, in the altemarive, if ARHF does not have a written non-discrimination policy, it has aclrnowledged through a signed statement provided to the COUNTY that the ARHF's non-discrimination policy conforms to R- 20141421, as amended. 18. Severabilitv. In the event that any section, paragraph, sentence, clause, or provision hereof is heid by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement, and the same shall remain in fulI force and effect, 19. Waiver of Breach. It is hereby agreed to by the parties tl�at no waiver of breach of any of the covenants or provisions of this Agreement shall be construed to be a waiver of any succeeding breach of the same or any other covenant or provision. 20. Independent Contractor. ARHF is, and shall be, in the performance of all work services and activities under this Agreement, an Independent Contractor, and not an employee, agent, or servant of the COUNTY. All employee's of ARHF engaged in any of the work or services performed pursuant to this Agreement shall at all times, and in all places, be subject to the ARHF's sole direction, supervision, and control. ARHF shall exercise control over the means and manner in which it and its employees perfonn the work, and in all respects AREiF's relationship and the relationship of its employees to the COUNTY shall be that of an Indepeadent Contractor and not as employees or agents of the COLTNTY. ARHF does not have the power or authority to bind the COUNTY in any promise, agreement or represcntation. 21. Enforcement Costs. Any costs or expenses {including reasonable attorney's fees) associated with the enforcement of the terms and/or conditions of this Agreement shall be borne by the respective parties. This provision pertains only to the parties to the Agreement. 22. Remedies. This Agreement shall be construed by and govemed by the laws of the SEate of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach Counry. No remedy herein conferred upon any party is intended to bc exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 6 23. Captions. The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. 24. Construction. No party shall be considered the author of this Agreement since the parties have participated in drafting this document to arrive at a final Agreement. Thus, the terms of this Agreement shall not be strictly construed against one party as opposed to the other party based upon who drafted i� 25. Inspector General. Palm Beach County has established the Office of the Inspector General in Palm Beacb County Code, Section 2-421 - 2-440, as may be amended. The Inspector General's authority includes but is not limited to the power to review past, present and proposed COiJNTY contracts, transactions, accounts and records, to require the production of records, and to audit, invesrigate, monitor, and iaspect the acNvities of any party contracting with the COUNTY, its officers, agents, employees, and lobbyists in order to ensu�re compliance with contract requirements and detect cortuprion and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be in violation of Palm Beach County Code, Section 2-421 - 2-440, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. 25. No Third Farty Beneficiaries. No provision of this Agreement is intended to, ar shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this Agreement, including but not limited to any citizen or employees of the COtJNTY or ARHF. 27. Entiretv of Aareemen� ARHF and the COUNTY agree that this Agreement, together with any attached exhibits, sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None af the provisions, terrns or obligations in the Agreement may be added to, modified, superseded, or otherwise altered, except by written instrument executed by the parties hereto. The remainder of this page is intentionally left blanl� � . , � . WHEREFORE. THE PARTIES have cnused Ihis Agrcemenl lo be executed by lheir authorized representatives on the dnie first written obove. A�T: �2 �uNa22ot3 SHARON R BOCK PALM BEACH COUNTY CLERK AND COMPTROLLBR BOARD OF COUNTY .""T`Y`���, � COMMISSIOIVERS: 'h . � I rl ,r �� `Z�����/!L ss '��'. B�•: lt Deputy Ig ;. Q C,�, :�; ayor SheUcy V a %, COUPJTY ��; APPROVEDAS'[',i1S60R1�LOfiIOP -��� AND LECAL SUFF��� � .. �'� " By �� ,++' •�� • .S ` � i _ - Coanty Attorncy ......��"� APPROVED AS TO TERMS AI�ID CONDITIONS B y./��„��""0" Department D(rcctor p Sig u �1�r-� Nc�r�� ` , Vitness Namc (Printed) Scott Horrfs �W G' %� �r� � � Printed Namc itn s Nnmc {Sign d) President ���/ ��^''��/ 1'itle G