R09-069
I' I
1 RESOLUTION R09- obQ
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING AND DIRECTING THE CITY
5 MANAGER TO EXECUTE AN AGREEMENT BETWEEN
6 PALM BEACH COUNTY AND THE CITY OF BOYNTON
7 BEACH, PROVIDING FOR FUNDING TO OFFSET COSTS
8 OF THE 2009 HERITAGE FESTIVAL; AND PROVIDING AN
9 EFFECTIVE DATE.
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12 WHEREAS, the City of Boynton Beach sponsored the annual Heritage Festival
13 during the month of February 2009. to provide a cultural celebration to motivate,
14 empower and inform the public of the ties that bind the Boynton Beach community
15 together through education and enjoyment of the arts; and
16 WHEREAS, the City has requested an amount not to exceed $7,000.00 to
17 offset the costs for contractual services and miscellaneous expenses for the 2009
18 Heritage Festival and the County is desirous of providing funding in an amount not to
19 exceed $7.000.00 to assist the City in this event.
20 NOW, THERKFORE, BE IT RESOLVED BY THE CITY COMMISSION
21 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
22 Section I. The foregoing "WHEREAS" clauses are true and correct and
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23 hereby ratified and confirmed by the City Commission.
24 Section 2. The City Commission of the City of Boynton Beach does hereby
25 authorize and direct the Mayor to execute an Agreement between Palm Beach County
26 and the City of Boynton Beach. for funding to offset the costs of the 2009 Heritage
27 Festival. a copy of said Agreement is attached hereto as Exhibit "A".
28 Section 3. That this Resolution shall become effective immediately upon
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SICAIRESOlAgreementsllnterlocalslHeritage Festival 2009 funding doc
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1 passage.
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2 PASSED AND ADOPTED this ~I day of April, 2009.
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19 Commissioner Marlene Ross
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21 ^ ITEST:
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23 ~.i;):c.1)l. Ik<-4. 'K ~l{ ,
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25 Jan t M. Prainito. CMC
26 'C y Clerk
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SICAIRESOlAgreementsllnterlocalslHentage Festival 2009 fundJrlg doc
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AGREEMENT BETWEEN PALM BEACH COUNTY AND
THE CITY OF BOYNTON BEACH FOR FUNDING OF THE 2009 BOYNTON BEACH
HERITAGE CELEBRATION
THIS AGREEMENT is made and entered into on , by and between Palm Beach
County, a political subdivision of the State of Florida, hereinafter referred to as "County", and
the City of Boynton Beach, a Florida Municipal Corporation, hereinafter referred to as
"Boynton Beach".
WIT N E SSE T H:
WHEREAS, Boynton Beach sponsored the annual Boynton Beach Heritage Celebration
on February 21,2009 (the Event), which attracted approximately five hundred (500) participants;
and
WHEREAS, the purpose of the Event was to promote cultural diversity in the City of
Boynton Beach while celebrating each culture's splendor through sports, music, dance, and
other art forms and to create a day filled with family fun oriented safe and entertaining activities;
and
WHEREAS, the mission of the Event was to motivate, empower, and inform the public of
the ties that bind the community together through enjoyment of safe activities and entertainment;
and
WHEREAS, the Event activities were held as a "street fest" on N.E. 10th Avenue/Martin
Luther King Boulevard in Boynton Beach; and
WHEREAS, the Event cost approximately $14,900 for contractual services and other
miscellaneous expenses related to the Event; and
WHEREAS, Boynton Beach has requested from County an amount not to exceed $7,000
to help offset costs for Event expenses; and
WHEREAS, County desires to provide funding to help offset costs for the Event; and
WHEREAS, funding for the Event in an amount not to exceed $7,000 is available from
the Recreation Assistance Program (RAP) - District 7; and
WHEREAS, Boynton Beach's cultural arts, recreational, and community events are
deemed to serve a public purpose; and
WHEREAS, both parties desire to enter into this Agreement.
NOW THEREFORE, in consideration of the covenants and promises contained herein,
the parties hereby agree to the following terms and conditions:
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1. County agrees to fund an amount not to exceed $7,000 to Boynton Beach for the 2009
Boynton Beach Heritage Celebration for contractual services and other miscellaneous
expenses, as set forth in Exhibit "A", attached hereto and incorporated herein, hereinafter
referred to as the "Project".
2. County will use its best efforts to provide said funds to Boynton Beach on a
reimbursement basis within forty-five (45) days of receipt of the following information:
a. A written statement that the Project, as specified herein, was carried out in
accordance with this Agreement; and
b. A Contract Payment Request Form and a Contractual Services Purchases Schedule
Form, attached hereto and made a part hereof as Exhibit "B", which are required for each and
every reimbursement requested by Boynton Beach. Said information shall list each invoice paid
by Boynton Beach and shall include the vendor invoice number; invoice date; and the amount
paid by Boynton Beach along with the number and date of the respective check or proof of
payment for said payment. Boynton Beach shall attach a copy of each vendor invoice paid by
Boynton Beach along with a copy of the respective check or proof of payment and shall make
reference thereof to the applicable item listed on the Contractual Services Purchases Schedule.
Further, Boynton Beach's Program Administrator and Project Financial Officer shall certify the
total funds spent by Boynton Beach on the Project and shall also certify that each vendor
invoice, as listed on the Contractual Services Purchases Schedule was paid by Boynton Beach
and approved by Boynton Beach as indicated.
3. Boynton Beach incurred expenses for the Project beginning on February 6, 2009.
Those costs incurred by Boynton Beach for the Project, approved and submitted accordingly by
Boynton Beach subsequent to February 6, 2009, are eligible for reimbursement by County
pursuant to the terms and conditions hereof.
4. RAP funds may be used as a match for other local, state, or federal grant programs,
but Boynton Beach may not submit reimbursement requests for the same expenses to the
County as other fund sources to receive duplicate reimbursement for the same expenses.
5. Boynton Beach agrees, warrants, and represents that all of the employees and
participants in the Project will be treated equally during employment, and for the provision of
services without regard to residency, race, color, religion, disability, sex, age, national origin,
ancestry, marital status, sexual orientation, gender identity or expression.
2
6. Boynton Beach shall be responsible for the operation and maintenance of the Project
including all associated costs.
7. The term of this Agreement shall be June 30,2009, commencing upon the date of
execution by the parties hereto.
8. The parties agree that, in the event Boynton Beach is in default of its obligations
under this Agreement, the County shall provide Boynton Beach thirty (30) days written notice to
cure the default. In the event Boynton Beach fails to cure the default within the thirty (30) day
cure period, the County shall have no further obligation to honor reimbursement requests
submitted by Boynton Beach for the Project deemed to be in default and Boynton Beach shall
return any County RAP funds already collected by Boynton Beach for the Project.
9. Notwithstanding any provision of this Agreement to the contrary, this Agreement may
be terminated by the County, without cause, upon thirty (30) days prior written notice to the other
party. This Agreement may be terminated by the County with cause, upon expiration of the thirty
(30) day cure period provided for in Section 8 above.
10. Boynton Beach shall complete the Project by March 30, 2009, and invoices and
checks submitted for reimbursement must be dated within the project time frame of February 6,
2009, through March 30, 2009. Boynton Beach shall provide its final reimbursement request(s),
including a project completion statement and reimbursement documentation as indicated in
Section 2 above on or before June 30, 2009. Upon written notification to County at least ninety
(90) days prior to that date Boynton Beach may request an extension beyond this period for the
purpose of completing the Project. County shall not unreasonably deny Boynton Beach's
request for said extension.
11. In the event Boynton Beach ceases to exist, or ceases or suspends the Project for
any reason, any remaining unpaid portion of the Agreement shall be retained by County, and
County shall have no further obligation to honor reimbursement requests submitted by Boynton
Beach. The determination that Boynton Beach has ceased or suspended the Project shall be
made by County and Boynton Beach agrees to be bound by County's determination.
12. Boynton Beach agrees to abide by, and be governed by, all applicable federal, state,
county, and municipal laws, including but not limited to, Palm Beach County's ordinances, as
said laws and ordinances exist and are amended from time to time. In entering into this
Agreement, Palm Beach County does not waive the requirements of any County or local
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ordinance or the requirements of obtaining any permits or licenses normally required to conduct
business or activity conducted by Boynton Beach. Failure to comply may result in County's
refusal to honor reimbursement requests for the Project.
13. County reserves the right to withhold reimbursement if the Project is not completed
as specified in Exhibit "A".
14. It is understood and agreed that Boynton Beach is merely a recipient of County
funding and is an independent contractor and is not an agent, servant or employee of County or
its Board of County Commissioners. It is further acknowledged that the County only contributes
funding under this Agreement and operates no control over the Project. To the extent permitted
by law and without waiving the right to sovereign immunity as provided by Section 768.28,
Florida Statutes, in the event a claim or lawsuit is brought against County or any of its officers,
agents or employees, Boynton Beach shall indemnify, save and hold harmless and defend the
County, its officers, agents, and/or employees from and against any and all claims, liabilities,
losses, judgments, and/or causes of action of any type arising out of or relating to any act or
omission of Boynton Beach, its agents, servants and/or employees in the performance of this
Agreement. The foregoing indemnification shall survive termination of this Agreement.
In consideration for reimbursement of costs incurred prior to the term of this Agreement,
the foregoing indemnification shall apply not only during the term of this Agreement but also for
the period prior to the Agreement for which Boynton Beach is eligible to receive reimbursement
from the County.
15. Without waiving the right to sovereign immunity as provided by Section 768.28,
Florida Statutes, Boynton Beach acknowledges to be self-insured for General Liability and
Automobile Liability under Florida sovereign immunity statutes with coverage limits of $1 00,000
Per Person and $200,000 Per Occurrence; or such monetary waiver limits that may change and
be set forth by the legislature.
In the event Boynton Beach maintains third-party commercial General Liability and
Business Auto Liability in lieu of exclusive reliance on self-insurance under Section 768.28,
Florida Statutes, Boynton Beach shall agree to maintain said insurance policies at limits not less
than $500,000 combined single limit for bodily injury or property damage.
Boynton Beach agrees to maintain or to be self-insured for Worker's Compensation &
Employer's Liability insurance in accordance with Florida Statutes 440.
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Prior to execution of this Agreement by the County, Boynton Beach shall deliver to the
County an affidavit or Certificate of Insurance evidencing insurance, self-insurance, and/or
sovereign immunity status, which County agrees to recognize as acceptable for the above
mentioned coverages. Certificate holder's address shall read Palm Beach County, c/o Parks
and Recreation Department, 2700 Sixth Avenue South, Lake Worth, FL 33461, Attention:
Administrative Support Manager.
Compliance with the foregoing requirements shall not relieve Boynton Beach of its liability
and obligations under this Agreement.
16. Upon request by County, Boynton Beach shall demonstrate financial accountability
through the submission of acceptable financial audits performed by an independent auditor.
17. Boynton Beach shall maintain books, records, documents and other evidence that
sufficiently and properly reflect all costs of any nature expended in the performance of this
Agreement for a period of not less than five (5) years. Upon advance notice to Boynton Beach,
County shall have the right to inspect and audit said books, records, documents and other
evidence during normal business hours.
18. The County and Boynton Beach may pursue any and all actions available under law
to enforce this Agreement including, but not limited to, actions arising from the breach of any
provision set forth herein.
19. This Agreement shall be governed by the laws of the State of Florida and any and all
legal action necessary to enforce this Agreement shall be held in Palm Beach County.
20. As provided in Section 287.132-133, Florida Statutes, by entering into this Agreement
or performing any work in furtherance hereof, Boynton Beach certifies that it, its affiliates,
suppliers, subcontractors and consultants who will perform hereunder, have not been placed on
the convicted vendor list maintained by the State of Florida Department of Management
Services within the thirty six (36) months immediately preceding the date hereof. This notice is
required by Section 287.133 (3) (a), Florida Statutes.
21. This Agreement represents the entire agreement between the parties and
supersedes all other negotiations, representations, or agreements, either written or oral, relating
to this Agreement. The Agreement may be modified and amended only by written instrument
executed by the parties hereto.
22. Any notice given pursuant to the terms of this Agreement shall be in writing and hand
delivered or sent by U.S. mail. All notices shall be addressed to the following:
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As to the County:
Director of Parks and Recreation
Palm Beach County Parks and Recreation Department
2700 Sixth Avenue South
Lake Worth, Florida 33461
As to Boynton Beach:
City Manager, City of Boynton Beach
100 N.W. 1st Avenue
Boynton Beach, FL 33444
23. This Agreement is made solely and specifically among and for the benefit of the
parties hereto, and no other person shall have any rights, interest, or claims hereunder or be
entitled to any benefits under or on account of this Agreement as a third-party beneficiary or
otherwise.
IN WITNESS WHEREOF, the undersigned parties have signed this
Agreement on the date first above written.
ATTEST: PALM BEACH COUNTY, FLORIDA, BY ITS
SHARON R. BOCK, Clerk & BOARD OF COUNTY COMMISSIONERS
Comptroller
By: By
Deputy Clerk Commissioner John F. Koons, Chairman
ATTEST: CITY OF BOYNTON BEACH
By: By:
Deputy Clerk Mayor
APPROVED AS TO FORM AND APPROVED AS TO TERMS AND CONDITIONS
LEGAL SUFFICIENCY
By: By:
County Attorney Dennis L. Eshleman, Director
Parks and Recreation Department
APPROVED AS TO FORM:
CITY AlTORNEY
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Recreation Assistance Program (RAP)
Exhibit "A" to Agreement
PROJECT INFORMATION
Name and address of Municipality City of Boynton Beach/CRA
100 E. Boynton Beach Blvd
Boynton beach, Florida 33425
Name of Municipality: City of Boynton Beach
Mailing Address: P.O. Box 310
Boynton beach, Florida 33425-310
Name of Mayor: Jerry Taylor
Name of City Manager: Kurt Bressner
Project/Project Liaison Mary DeGraffenreidt
Telephone Number (561) 742-6642
E-mail Address: Deqraffenreidtm@ci.bovnton-beach.fl.us
PROJECT/PROGRAM INFORMATION
1. Name of Project/Program: 2009 Boynton Beach Heritage Celebration
2. Project/Program Description:
. General (Project Scope): The mission of the Boynton Beach Heritage Celebration is to
promote cultural diversity that exist in the City of Boynton Beach while celebrating each
culture's splendor through sports, music, dance and other art forms The goal of the
event is to create a day filled with family fun oriented safe and entertaining activities
. Public Purpose To provide a celebration that motivates, empowers, and informs the
public of the ties that bind our community together through enjoyment of fun safe
activities and entertainment. The Heritage celebration encourages families to come
together and promote cultural diversity while providing events that can bridge the
generation gap.
. Location: The Boynton Beach Heritage Celebration activities will be held on NE 10lh
Avenue & MLK Blvd., Boynton Beach
. Anticipated Number of Participants/Users 500 people
3. Project/Program Elements: List anticipated broad categories of Expenditure Item such as
capital outlay, contractual services, personnel cost, operational expenses, equipment,
and "Other Miscellaneous Project/Program expenses". Do not include expenditure line
item budqet amounts.
Contractual Service
Miscellaneous Expenses
4. Estimated Lump Sum Total for Projected/Program $14.900
5. Project/Program Initiation date (date of first invoice for which reimbursement will be
requested) and end date (date which project/program will be completed and all invoices
paid). This will become the project time frame Februarv 6. 2009 - March 30, 2009
Note Invoices and copies of proof of payment documents are required for Project/Program
reimbursement. All invoices and checks must be dated within the stated project/program time
frame AND Categories for Project/Program Elements must be listed in Section 3 above in order to
be eligible for RAP reimbursement.
6. Required Attachments
Certificate of Insurance
Amount of Recreation Assistance Program Funding awarded $7.000
District 7
(Filled in by County)
Form available on line by request. Contact Susan Yinger at syinqer@pbcqovcolTl
EXHIBIT A (page 1)
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i CERTIFICA TE OF COVE~t...GE ISSl"ED 0:': 11 i5/2008 i
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:c:r.u_,,-G;:PR:I\10EDE;, PREFERRED GOVERl'\ME~TAL II'\St::RANCE TRUST j
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f COVERAGES This 15 to C~rt,f7' tha! :rE: -agreement bel~'N ~as bee~~~d-~th;des;gr;at;d;;moer fo7"th;~;;;~.;; per.Od-'~-;I-:~~-;-tk:"~~s-t~~ng ar;;---.----.j
j requirement term 0' wr.dnron of ar:/ contract or other aocurnem With respect to '.'..nlch thIs cenlf;.:ate may be ISSl.iea or may pertain, t....e '::. ,erage: affGrdec t,/ the ~
j agreement descnbed herelr, SUDJ€::~ to a!1 t~~~~.~:~__~.~~:~~~C:S_.~~:~~~~~_~~~.:.~.~~.~~,~~,reeme~_______.~_____...~_.__._____,.~___________;
.! :Vlail [lJ C"r1ltle"le Holder .j Designated Member j
I Palm Bench COUllt\' BOC C. i City of Boynton Beach :1
, R,sk i\bnagemwt Deparlment 1 P 0 B 310 '1
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LL-I.B!UTY COVER.AGE i WORKERS' COMPENSA nON COVERAG[J
Comprehensive General Liability, Bodily 1njur)', Property Damage I WC AGREEi\IENT NUMBER: ~
and Personal Injury I j
I ~
Limit j SelfInsurcu Workers' Compensation l
Public Officials Li.bilitv I 1
Llmll. I St.tutory 'Workers' Compensation ~
Employment PI..ctices Liability ,
Llllllt Employers Liability
. .. Each Accident
Employee Benefits Llab.l1l)' By Disease
LIJTIlt Aggregate Disease .
Law Enforcemeot Li.bilitv I
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, LimIt p' .~. j
PROPERTY COVERAGE AUTOMOBILE COVERAGE !
Buildings & Person.1 Property Automobile Liability I
Limit , LImIt $2,000,000 $100,000 SIR j
NOfe: See coverage agreemenf for de/ails on wind, flood, and other X All Owned ;1
deduClibles . .. Jt
. ' SpeCifically DeSCrIbed Autos i
Rented, Borrowed and Leased EqUIpment X Hired Autos i
Limit X NOn-O\\l1ed Autos I
All other Inland Marine Automobile Physical Damage '
LlITIlt X Comprehensive See Schedule for Deductlble
X Collision See Schedule for Deductible
X Hired Auto with limit of $3 5,000
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NOTE:The limit of liabiiity is $100.000 Bodily Injury and/or Property Damage per person or $200,000 Bodily Injury andlor Property Damage per occurrence. These il
I specific limits of liability are increased to limits shown above per occurrence, solely for any liability resulting from entry of a claims bill pursuant to Section 76B .28 (5) 1
, Florida Statutes or liability imposed pursuant to Federal Law or actions outside the State of Florida. ;\
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l DeSCription of Operationsi Locationsi Vehicles/Special ~ems: .
I RE: Evidence of insurance !
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:~ This sectiOh complefed bJ' member's agenl, who bears complele respol73{bilily arid liability fvr us accuracy. i
I This certificate is issued as a matter of information only and confers no rights upon the certificate holder This certificate does not amend, extend or alter the coverage ~
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~ Administrator CANCELL~TIONS ]
~ Public Risk Underwriters@ SHO:.JLD .1oJ"Y PART or THE ABOVl:. QC.SCRIOED -\GREEtdEN.r BE CANCELLED BEFORE THE EXP\R.A,Tlot~ DATE i
~ P.O. Box 95'8455 . ~;;.~~r~~r~;~;~.~~~~~~~~s~~:~~~~:r~~'I::~~~~;.~~~~~~~~~~~:;~s~~~~~~AM?D :1
~ Lake Mary, FL 32795-8455 ABOVE. Bl rr F,\n.I.lRE TO Ml\!L SIJCH NOTICE SHAll u.rros[ NO OI3LlG."nON OR LJ,1.81UTY OF oI,NY KTND UPON :
~ THE PROGRAM. rrs ..\GENT~ OR REPltES8'-ITAT1\1Es ~I
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f ~~0~~~~i9k Insurance A~~~:---...--_.--_...-.---.----....-.. !1M! fe/u' l 'I
,P. D. Box 2416 A-(jIV( J
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j Daytona Beach, FL 32115 ....... . ...... .--.--- ...,.,,...==:~~=-:::c-,,...~===..1
1 AUTHORIZED REPRESENT A TIVE . :'
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IPGIT.CERT (OS/05)PRlNT FORM _..__.... .~ ......H 11/5120~~J
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STAR INSURANCE COMPANY CERT!FICATE OF INSURANCE DATE ISSUED: 10/11/07
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PRODUCER This certificate is issued as a matter of information only and confers no rights Upon 1
I the certificate holder. This certificate DOES !lOT amend, e/tend or alter the coverage !
Arthur J (3211agher ,S. '20 I afforded by the policies below. I
2255 Glades Roa d
Suite <tOO E. COMPANIES AFFORDING CO'l,ERAGE
Boca Raton, FL 33431
INSURED COMPANY (A) SUR II'JSIJRMJCE COMPANY
City of Boynton BI';ach
100 E Boynton Beach Boulevar,j COMPANY (8) 1
Boynton Beach, FL 33425
COMPANY (C)
COMPANY (D)
COVERAGES
This is to certify that the policies of Insurance listed below have been issued to the insured named above for the policy period indicated,
notwithstanding any requirement, tenn 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. limits shown
may have been reduced by paid claims.
co TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR OATE (MMlDDlYYl DATE (MMIDDIYY'
GENERAL LIABILITY
A [8] COMMERCIAL GENERAL LIABILITY CP 02677 29 "101112007 4/112(J09 GENERAL AGGREGATE ~EE BELOW
o CLAIMS MADE IE! OCCUR. PRODUCTS-COMPIOP AGG
DOWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE SEE BELOW
FIRE DAMAGE (anyone fire)
MED EXPENSE (anyone person)
AUTOMOBILE LIABILITY
A o ANY AUTO NIA NIA NIA COMBINED SINGLE LIMIT ~
o ALL OWNED AUTOS BOOIL Y INJURY ~~ ,'''.''',
o SCHEDULED AUTOS BOOIL Y INJURY (,~ ~",.,,)
o HIRED AUTOS PROPERTY DAMAGE
o NON-OWNED AUTOS
o GARAGE LIABILITY
EXCESS LIABILITY
A o UMBRELLA FORM { EACH OCCURRENCE $5,000.000
[2J OTHER THAN UMBRELLA FORM CP 02677 29 1Q!l12007 41112009 AGGREGATE $1.0 OO,MQQ
A WORKERS. COMPENSATION CP 02677 29 101112007 4/112009 STATUTORY L1Mrrs ~
AND
EMPLOYERS' LIABILITY EAC!i AGC IDENT
OISEASE-POLlGE LIMIT
OISEASE-EACH EMPLOYEE
Company A - Policy subjeCI/O.a $500,000. S.J.R. per occurrence.
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DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS - All operations usual to a City Government including
Palm Beach County Board of County Commissioners, a political subdivision of the State of Florida, Its Officers, Employees and
Agents as additional insured as their interests may appear throughout the policy period for municipal activities in coordination and/or
conjunction with Palm Beach County Board of County Commissioners.
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CERTIFICATE HOLDER
Should any Df the above described policies be cancelled before the expiration
Palm Beach County Board of County date thereof, the issuing company will endeavor to mail 30 days written notice to
the certificate holder named to the left, but failure to mall such notice shall impose
Commissioners no obligation or liability of any kind upon the company, its agents or
Risk Mgt. Dept. representatives.
160 Australian Dr. . .
West Palm Beach, FL 33406 ..?
Attention: Richard Cohen /,h~ ~// /_rJe -
Authorized Signature: I
/ Sandra M. Donaghy I
J
l'vleadO'wbrook Insurance Group