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2nd Amendment 04/18/2012
DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: July 24, 2012 TO: Elizabeth Wood, Senior Administrator Sewer Projects FROM: Pamela G. Homo' C. At the April 18, 2012, Board of County Commissioner's meeting, the Board granted approval of Item M4 Amendment 2 with Government Services Group, Inc. for the development and implementation of the Cudjoe Regional Central Tax Roll based on scope of services direction from the Board of County Commissioners (BOCC). This agreement was sent to our office with two Payment Schedules Scenario C. 1 removed the extra one that was not approved by the Board that had minor changes (I've enclosed the extra one for your information). Enclosed is a duplicate original of the above - mentioned for your handling. Should you have any questions, please do not hesitate to contact this office. cc: County Attorney Finance File ✓ 3 SECOND AMENDMENT TO CONTRACT FOR CONSULTING SERVICES for Development and Administration of Non -Ad Valorem Assessment Program This Amendment is made and entered into this 18th day of April, 2012, by and between Monroe County and Government Services Group, Inc. (GSG), in order to amend the Agreement between the parties dated April 15, 2009 and the First Amendment between the parties dated January 19, 2011 for non -ad valorem assessment services. WITNESSETH: WHEREAS, on January 19, 2011 the parties entered into the FIRST AMENDMENT TO CONTRACT FOR CONSULTING SERVICES for Development and Administration of Non Ad- Valorem Assessment Program herein referred to as GSG First Amendment; and WHEREAS, the GSG First Amendment is included as Attachment A/GSG • Second Amendment — GSG First Amendment executed January 19, 2011 and GSG Agreement executed April 15, 2009; and WHEREAS, on April 15, 2009 the parties entered into the AGREEMENT FOR CONSULTING SERVICES for Development and Administration of Non Ad- Valorem Assessment Program herein referred to as GSG Agreement; and WHEREAS, the GSG Agreement was included as Attachment A to the First • Amendment; and WHEREAS, the GSG Agreement included Tasks 1 -5 necessary for the development and implementation of the non -ad valorem special assessment program for the Cudjoe Regional Service Area for a fixed fee of a fixed fee of $55,080 plus $1.28/ first class notice mailed and Task 6 for the annual maintenance and certification of the non -ad valorem special assessment programs for a fixed fee of $23,500 /year prior to implementation of the Cudjoe program and $40,000 /year once annual services are required for the Cudjoe program; and WHEREAS, the funding plan for the Cudjoe Regional Central Wastewater System was incomplete in 2009 and partial payments for Tasks 1 -5 totaling $35,802 were paid to under the GSG Agreement; and WHEREAS, Tasks 1 -5 necessary for the development and implementation of the non -ad valorem special assessment program for the Cudjoe Regional Service Area continued under the GSG First Amendment for a revised total fixed fee of $35,000 which included the remaining $19,278 from the GSG Agreement and the additional fixed fee of $15,722 added by the GSG First Amendment to update the 2009 preliminary tax roll and provide additional services; and 1 of 4 GSG Second Amendment Scenario C WHEREAS, the funding plan for the Cudjoe Regional Central Wastewater System was incomplete in 2011 and partial payments for Tasks 1 -5 totaling $26,250 were paid to under the GSG First Amendment during FY 2011; and WHEREAS, the Monroe County Board of County Commissioners intends to implement, in phases, the Non -Ad Valorem Cudjoe Regional Central Inner and Outer Islands Assessment Programs for the 2012 and 2013 tax years following approval of the State of Florida proposed Fiscal Year 2012 -13 appropriation for unincorporated Monroe County Wastewater projects; and Whereas, of the $70,802 Initial Contract and First Amendment revised fixed fee to develop and implement the Cudjoe Regional Assessment Program for Tasks 1 -5, $62,052 was paid to GSG; and WHEREAS, Tasks 1 -5 necessary for the development and implementation of the non -ad valorem special assessment program for the Cudjoe Regional Service Area requires updating the 2011 preliminary tax roll of over 7,000 parcels with current property appraiser parcel data including Real Estate Identification Numbers and Parcel Codes; and WHEREAS, the Equivalent Dwelling Unit allocations for commercial properties are based on 2009 water consumption; and WHEREAS, the Non -Ad Valorem Assessment Program requires adequate lead time to update the preliminary tax roll, hold /advertise the statutory hearings, and collect prepayments; and WHEREAS, development of non -ad valorem special assessment programs usually begins in the beginning of the calendar year; and WHEREAS, GSGs fee for Tasks 1 -5 necessary for the development and implementation of the non -ad valorem special assessment program for the Cudjoe Regional Inner Islands Service Area for the 2012 tax bill is $36,000; and WHEREAS, GSGs fee for Tasks 1 -5 necessary for the development and implementation of the non -ad valorem special assessment program for the Cudjoe Regional Outer Islands Service Area for the 2013 tax bill is $18,000; and WHEREAS, Task 6 is for the annual maintenance and certification of the non ad- valorem special assessment rolls; and WHEREAS, the fixed fee for Task 6 annual services for the Stock Island, Big Coppitt and Duck Key Service Areas for the 2012 tax bill is $23,500; and WHEREAS, the fixed fee for Task 6 annual services for the Cudjoe Regional Inner Islands Program is $6,250 for the 2013 tax bill and the Supplemental Big Coppitt and Duck Key Programs is $750 for the 2013 tax bill for a total of $30,500; and WHEREAS, the fixed fee for Task 6 annual services including the Cudjoe Regional Outer Islands Service Area for the 2014 tax bill is $42,250; and 2 of 4 GSG Second Amendment Scenario C WHEREAS, annual services for the Cudjoe Regional Central Service Area are not needed until adoption of the Final Assessment Resolution(s) for the Cudjoe Regional Central Program; and WHEREAS, Task 6 of GSG Agreement includes an option to extend for an additional five year period following the initial five year period for the annual services; and WHEREAS, Resolution 168 -2011 establishes the Capacity Fee for the Big Coppitt and Duck Key service areas; and WHEREAS, a supplemental non -ad valorem special assessment tax roll is necessary to collect Capacity Fees for those properties that received building permits requiring initial or additional wastewater service between adoption of the Final Assessment Resolution on September 10, 2007 for the Big Coppitt & Duck Key Service Areas and adoption of the Capacity Fee Resolution on June 15, 2011; and WHEREAS, the development and implementation of the supplemental non -ad valorem assessment roll for the Big Coppitt and Duck Key for the 2012 tax year is referred to as Task 7; and WHEREAS, GSGs fee for Task 7 is $3,000; and WHEREAS, annual services for the Supplemental Big Coppitt and Duck Key tax rolls are not needed until adoption of the Final Assessment Resolution for the Supplemental Big Coppitt and Duck Key Program; and IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as follows: 1. Monroe County and GSG agree that no further payment for GSG First Amendment Tasks 1 -5 specified at $35,000 is authorized as of the date of this Second Amendment. 2. Monroe County agrees to pay $36,000 for Second Amendment Tasks 1 -5 necessary for the development and implementation of the non -ad valorem special assessment program for the Cudjoe Regional Inner Island Service Area and $1.31 per notice on the 2012 tax bill. 3. Monroe County agrees to pay $18,000 for Second Amendment Tasks 1 -5 necessary for the development and implementation of the non -ad valorem special assessment program for the Cudjoe Regional Outer Island Service Area and $1.31 per notice on the 2013 tax bill. 4. Monroe County agrees to continue to pay $23,500 /year in quarterly installments for Task 6 annual services for the 2012 tax year for the Stock Island, Big Coppitt, and Duck Key Service Areas, as set forth in the Agreement and First Amendment. 5. Following the delivery of the Cudjoe Regional Inner Islands and Supplemental Big Coppitt and Duck Key Tax Rolls, Monroe County agrees to pay an additional $6,250 /year for Cudjoe Regional Inner Islands Task 6 annual services and $750 /year for Supplemental Big Coppitt and Duck Key Task 6 annual services in 3 of 4 GSG Second Amendment Scenario C ' 3 • 2013, which, when added to the amount in paragraph 4 above, is a total of $30,500/year. 6. Monroe County agrees to pay an additional $11,750 /year in 2014 for Task 6, which, when added to the total amount in paragraph 5 above, is a total of $42,250 /year. 7. Monroe County and GSG acknowledge the option to amend this Agreement when it becomes necessary to extend Task 6 annual services for the Stock Island, Big Coppitt, and Duck Key, and Supplemental Big Coppitt and Duck Key Programs for the 2014 tax year. 8. Monroe County agrees to pay $3,000 for Task 7 development and implementation of the Supplemental Big Coppitt and Duck Key tax rolls for the 2012 tax bill. 9. Monroe County agrees to pay for Task 1 -5, 6, and 7 in accordance with the GSG Second Amendment Payment Schedule provided in GSG Second Amendment/Attachment B. 10. All other provisions of the contract entered April 15, 2009 as amended by the First Amendment between the parties dated January 19, 2011 for non -ad valorem assessment services which are not inconsistent herewith shall remain in full force and effect. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. • r-- (SEAL) BOARD OF COUNTY ry COMMISSIONERS Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA '2 70 1 ry c - ) By: 1`~`K� . o cp By: Deputy Clerk Mayor /Chairma Date: / zo l (Seal) CONSULTANT �/� Z Attest: B ,1 ..1 J , L thI! ! By: 4 , Aj t • Title: 1 '10�� I (S - P 7 ! . Title: '. V IC.2 its 1 - ADA04-Tvcs. ND OF AGREEMENT 4 of 4 GSG Second Amendment Scenario C Attachment A/GSG Second Amendment GSG First Amendment Executed January 19, 2011 and GSG Agreement Executed April 15, 2009 Q,k o_ c K s } FIRST AMENDMENT TO CONTRACT FOR CONSULTING SERVICES for Development and Administration of Non Ad- Valorem Assessment Program This Amendment Is made and entered into this 19 day of January, 2011, by and between Monroe County and Govemment Services Group, Inc. (GSG), in order to amend the Contract .between the parties dated April 15, 2009 for non ad- valorem assessment services. WITNESSETH: WHEREAS, on April 15, 2009, the parties entered into an Agreement for Consulting Services for Development and Administration of Non Ad -Valorem Assessment Program included as Attachment ; and WHEREAS, the fixed fee for Tasks 1 — 5 of the Agreement Scope of Baslc Services for the development of the non ad -valorem tax roll for the Cudjoe Regional Service Area was $55,080; and WHEREAS, on August 3, 2009 the Monroe County Board of County Commissioners voted to delay levy of the non ad- valorem special assessment for the Cudjoe Regional Wastewater System; and WHEREAS, GSG received $35,802 in payments for work completed under Tasks 1 — 5 prior to suspension of the Cudjoe Regional Assessment Program; and WHEREAS, the Monroe County Board of County Commissioners intends to levy non ad- valorem wastewater assessments for the Cudjoe Regional Service Area on the 2011 tax bill; and WHEREAS, additional services are required to update roll with current property appraiser and adjust EDU allocations where necessary; and WHEREAS, additional services are required to address changes in scope related to service area, level of development, and fee; and WHEREAS, additional services are required to quantify assessable EDUs by sub service areas; and WHEREAS, GSGs fee for additional services is $15,722; and WHEREAS, once the Cudjoe Regional Final Assessment Resolution is adopted, annual services (Task 8) are required; and Page 1 of 3 WHEREAS the Task 6 fee Is $23,500 for the Stock Island, Big Coppitt, and Duck Key Assessment Program annual services; and WHEREAS the Task 6 fee increases to $40,000 when annual services for the Cudjoe Regional Assessment Program are Included in the scope; and l4T =o• IN CONSID of the mutual promises contained herein, the parties hereby agree as follows: 1. Monroe County agrees to pay the revised fee of $70,802 for the development and implementation of the Cudjoe Key Assessment Program (Task 1 -5) in accordance with the schedule provided in Attachment C. ✓ 2. Monroe County agrees to pay $23,500 for annual services required for the Stock Island, Big Coppitt and Duck Key Assessment Programs (Task 6) in accordance with the schedule provided in Attachment C. 3. Monroe County agrees to pay $40,000 for annual services required for the Cudjoe Regional, Stock Island, Big Coppitt and Duck Key Assessment Programs (Task 6) in accordance with the schedule provided in Attachment C. 4. Upon notice to proceed„ GSG will resume development of the Cudjoe Regional Service Area preliminary assessment roll and provide the additional services to address changes In scope related to service area, level of development, and fee. 5. GSG will provide additional services to quantify assessable EDUs by sub service areas. 6. The remaining terms of the Agreement, not inconsistent herewith, shall remain in full force and effect. Page 2 of 3 r• IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its _ ed representative on the day and year first above written. BOARD OF COUNTY , COMMISSIONERS L KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA %;;i's■ By: -�� / c • BASIM44 Deputy Clerk Mayor /Chairman COUNTY ATiC? Date: l 1 9- '. APED AS T S ZA NEA.H TTGN c .. *.Y (Seal) CONSULTANT Attes B • . lli_AJ P-ai1/4 By060(00 0 Tale: % J! . i1 _ . Title: t C.¢- 1 QJ((L CiA END OF AGREEMENT fcv 11 • • ►V O = n r*7 O • V Page3of3 ATTACHMENT A Attachment A — Amendment 1 to April 15. 2009 Agreement with GSG for Non Ad Program • AGREEMENT FOR CONSULTING SERVICES for Development and Administration of Non Ad-valorem Assessment Program Tlhis Agreement (°Agreement") made and entered Into this JS''� day of T, 200 by and between Monroe County, a political subdivision of the Sta of Florida, whose address Is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as °COUNTY," through the Monroe County Board of County Commissioners ("BOCC"), AND Government Services Group, Inc., a corporation of the State of Florida, whose address is 1500 Mahan Drive, Ste 250, Tallahassee, FL 32308 its successors and assigns, hereinafter referred to as "CONSULTANT', WITNESSETH: WHEREAS, COUNTY desires to employ the professional services of CONSULTANT for Assessment Program Services; and WHEREAS, CONSULTANT has agreed to provide professional services which shall include but not be limited to providing Tasks 1 through 6 of the Cudjoe Regional Non-ad Valorem Wastewater Assessment Program and Annual Assessment Services, which services shall collectively be referred to as the "the Project"; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which Is hereby acknowledged, COUNTY and CONSULTANT agree as follows: ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties hereunder have been fully satisfied; 1.1.2 The CONSULTANT has become familiar with the Scope of Work and information sources available to complete the work. Page 1 of 14 1.1.3 The CONSULTANT shall prepare all documentation required by this Agreement in such a manner that they shall be accurate, coordinated and adequate for use in collecting non-ed valorem special assessments by the uniform method and shall be in conformity and comply with all applicable law, codes and regulations. The CONSULTANT warrants that the non -ad assessment roll prepared as a part of this Agreement will be in a format that is acceptable to the Monroe County Tax Collector. 1.1.4 The CONSULTANT assumes fuU responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.5 The CONSULTANTS services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the CONSULTANT shad abide • by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract Immediately upon delivery of written notice of termination to the CONSULTANT. 1.1.6 At all times and for all purposes under this agreement the CONSULTANT is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. 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. 1.1.7 The CONSULTANT shall not discriminate against any person on the basis of • race, creed, color, national origin, sex, age, or any other characteristic or aspect which Is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. ARTICLE II SCOPE OF BASIC SERVICES 2.1 DEFINITION CONSULTANT'S Scope of Basic Services consists of those described in Attachment A. V The CONSULTANT shall commence work on the services provided for in Attachment A promptly upon receipt of an executed agreement from the COUNTY. 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its subconsuitants, or both. Page 2of14 { 2.3 NOTICE REQUIREMENT All written correspondence to the COUNTY shell be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mall, return receipt requested, to the following: Roman Gastesi Monroe County Administrator 1100 Simonton Street, Room 2 -205 Key West, Florida 33040 And: Elizabeth A. Wood Monroe County Senior Administrator, Sewer Projects 1100 Simonton Street, Room 2 -218 Key West. Florida 33040 For the Consultant Mark Brown & Camille Thorpe Govemment Services Group, Inc. 1500 Mahan Drive, Suite 250 Tallahassee, FL 32308 ARTICLE 111 ADDITIONAL SERVICES 3.1 The services described in this Article III are not Included in the Basic Scope of Services. They shall be paid for by the COUNTY as an addition to the compensation paid for the Basic Scope of Services and are as follows: A. Providing any other services not otherwise included In this Agreement. 3.2 if Additional Services not otherwise Included in this Agreement, are required, such as those listed above, the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT. A notice to proceed from the COUNTY will be Issued In the form of subsequent Task Orders within the level of authority specified in the Monroe Board of County Commissioners Purchase Policy, The requirement for more than one price quote for additional assessment services Is hereby waived. An amendment to the contract will be required if the proposal requires Board of County Commissioners approval. Page 3of14 ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project The COUNTY or Its representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and sequential progress of the CONSULTANTS services. 4.2 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of any fault or defect in the Project or non - Conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. 4.3 The COUNTY shall furnish the required Information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONSULTANTS services and work of the contractors. 4.4 The COUNTY's review of any documents prepared by the CONSULTANT or its subconsuitants shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product_ 4.5 The COUNTY shall provide copies of necessary documents required to complete the work. 4.6 Any information that may be of assistance to the CONSULTANT that the COUNTY has Immediate access to will be provided as requested. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS The CONSULTANT covenants and agrees to indemnify, hold harmless and defend COUNTY, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attomey's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by CONSULTANT or Its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the CONSULTANT, its Subcontractor(s) in any tier, their officers, employees, servants and agents. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Consultant's failure to purchase or maintain the required Insurance, the CONSULTANT shall Indemnify COUNTY from any and all increased expenses resulting from such delay. Should any claims be asserted against COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the Page 4of14 CONSULTANT, the CONSULTANT agrees and warrants that CONSULTANT hold the County harmless and shall Indemnify it from all losses occurring thereby and shall further defend any claim or action on the COUNTY's behalf. The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is consideration for the Indemnification provided for above. The extent of liability Is In no way limited to, reduced, or lessened by the Insurance requirements contained elsewhere within this agreement. This Indemnification shall survive the expiration or earlier termination of the Agreement. ARTICLE VI PERSONNEL 6.1 PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: NAME FUNCTION Mark Brown Management/Data Analysis/Programming Camille Tharpe Project Oversight So long as the Individuals named above remain actively employed or retained by the CONSULTANT, they shall perform the functions Indicated next to their names. If they are replaced the CONSULTANT shall notify the COUNTY of the change immediately. ARTICLE VII COMPENSATION 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S performance of this Agreement based on rates aryl schedule negotiated and agreed upon and shown in Attachment B. 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid pursuant to the Florida Prompt Payment Act. Page 5of14 (A) If the CONSULTANT'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward or downward; (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services property rendered and reimbursable expenses due hereunder. The CONSULTANTS invoice shall describe with reasonable particularity the service rendered. The CONSULTANT'S Invoice shall be accompanied by such documentation or data in support of expenses for which payment Is sought at the COUNTY may require. 7.4 BUDGET 7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 - September 30) by COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. 7.4.2 The COUNTY's performance and obligation to pay under this Agreement Is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. ARTICLE VIII INSURANCE 8.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement Is In effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business In the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement proving sbcty (60) days notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an Insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 8.3 CONSULTANT shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. Pace 6 of 14 B. Employers Liability Insurance with limits of $100,000 per Accident. $500,000 Disease, policy limits, $100,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehldes, including onsite and offsite operations, and owned, hired or non -owned vehicles, with One Hundred Thousand ($100,000) per occurrence and combined single limit. D. Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONSULTANT or any of its employees, agents or subcontractors or subconsuitants, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with Three Hundred Thousand ($300.000.00) per occurrence and combined single Imit. An Occurrence Form polcy is preferred. If coverage is changed to or 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 must extend for a minimum of 48 months following the termination or expiration of this contract. E. Professional liability insurance of Two Hundred and Fifty Thousand ($250,000.00) per occurrence and Five Hundred Thousand Dollars ($500,000.00) annual aggregate. If the policy Is a "claims made" policy, CONSULTANT shall maintain coverage or purchase a "tail" to cover claims made after completion of the project to cover the statutory time limits In Chapter 95 of the Florida Statutes. F. COUNTY shall be named as an additional Insured with respect to CONSULTANT'S liabilities hereunder in Insurance coverages Identified in Paragraphs C and D. G. CONSULTANT shall require its subconsuitants to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSULTANT If so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased Imits of insurance for subconsuitants. H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance polities including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such polities upon request. I. 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. Page 7of14 ARTICLE IX MISCELLANEOUS 9.1 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. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents and deliverables prepared by the CONSULTANT for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONSULTANT. 9.3 SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the Immediately preceding sentence, each party hereto binds itself, Its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 9.4 NO THIRD PARTY BENEFICIARIES Nothing-contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.5 TERMINATION A. In the event that the CONSULTANT shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONSULTANT. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days written notice of Its intention to do so. 9.6 CONTRACT DOCUMENTS Thia contract consists of the Request for Proposals, any addenda, the Form of Agreement (Articles 1 -IX), the CONSULTANTS response to the RFP, the documents referred to in the Form of Agreement as a part of this Agreement, and attachments NB and modiflcatlons made after execution by written amendment. Page 8of14 } In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANT will control. 9.7 PUBLIC ENTITIES CRIMES 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 contracts 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 submit blds on leases of real property to public entity, may not be awarded or perfomi work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided In Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any subconsultant has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONUSULTANT has been placed on the convicted vendor list. CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTENANCE OF 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. Records shall be retained for a period of fire years from the termination of this agreement. Each party to this Agreement or its 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, or were wrongfully retained by the CONSULTANT, the CONSULTANT shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. Page 9 of 14 9.9 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, COUNTY and CONSULTANT agree that venue shall He In the 16 Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. ThIe agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be In accordance with the Florida Rules of CM Procedure and usual and customary procedures required by the circuit court of Monroe County. 9.10 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 fulest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possble to the intent of the stricken provision. 9.11 ATTORNEY'S FEES AND COSTS The COUNTY 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 attomey's fees, court costs, investigative, and out -of- pocket expenses, as an award against the non- prevailing party, and shall indude attomey's fees, courts costs, investigative, and out- of-pocket expenses in appellate proceedings. 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and Inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. 9.13 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. Page 10 of 14 9.14 CLAIMS FOR FEDERAL OR STATE AID CONSULTANT and COUNTY 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. 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY 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. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. 9.16 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, COUNTY 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. COUNTY and CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 9.17 NONDISCRIMINATION • CONSULTANT and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONSULTANT or COUNTY agrees to comply with all Federal and Florida statutes, and aN local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the ChM 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 se. 1681 - 1683, and 1685 - 18861 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 -8107) 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; 8) 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 Page 11 of 14 Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee -3), fi as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), relating to nondiscrimination in the sale, rental or financing of ousing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 9.18 COVENANT OF NO INTEREST CONSULTANT and COUNTY covenant that neither 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. 9.19 CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY 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, limited to, solicitation or acceptance of gifts; doing business with one's s agency; unauthorized compensation; misuse of public position, conflicting m ployment or contractual relationship; and disclosure or use of certain information. 9.20 NO SOLiCITATION/PAYMENT The CONSULTANT and COUNTY warrant that, In respect to itself, it has neither employed nor retained any company or person, working solely for It, to solicit or secure this Agreement than that bona tide employee a any Agr+eemeM and that It has not paid or agreed to pay y person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee or other consideration contingent upon or resulting from the awaking of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this Agreement witho liability and, at Its discretion, to offset from monies owed, or otherwise r covert the full amount of such fee, commission, percentage, gift, or consideration, 9.21 PUBLIC ACCESS The CONSULTANT and COUNTY shall allow and it and inspection of, all documents, papers, letters oroth reasonable r materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CONSULTANT and COUNTY in connection with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision CONSULTANT, by Page 12 of 14 9.22 NON - WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self - Insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 9.23 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 COUNTY, 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. 9.24 LEGAL OBUGATIONS 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. 9.25 NON - REUANCE BY NON - PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt b enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer. or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of Individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated In this Agreement. 9.28 ATTESTATIONS AND TRUTH IN NEGOTIATION CONSULTANT agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Page 13 of 14 Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was Increased due to Inaccurate. Incomplete, or concurrent wage unit costs. All such adjustments must be made within ne year and the end of the Agreement, 9.27 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 he County shall be liable r individual capacty, and no member, officer, agent or employee of Monroe liability or accountability by reaason on this of the Agreement or be subject to any personal execution of this Agreement. 9.28 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 signing any such counterpart. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and y year first above written, • (SEAL BOARD OF COUNTY Attest:: DANNY L. KOLHAGE, Clerk COMMISSIONERS OF MONROE COUNTY, FLORIDA tpt By: ;Q) �a 1 ral Deputy Clerk - M /4"1,V - • a ayar /Chairman ra �� MONROF col ,NTy` r .) :., Eve �o Date: `/ /5=09 Ap- :•vi7n �.) • n • (Sea( / +— •�o r . Att@st: = CONSULTANT By: Coo. ♦ . . Tide: END OF AGREEMENT Pago14 ATTACHMENT A This agreement Is for the development and implementation of the non -ad valorem speclai assessment program for collection of wastewater connection fees from property owners in the Cudjoe Regional Wastewater Service Area, which includes parcels In Upper and Lower Sugarloaf Keys, Cudjoe Key, Summertand Key, Ramrod Key, Torch Keys, Big Pine Key, and No Name Key in Monroe County. The development of the non- ad valorem tax roll for the Cudjoe Regional Service Area is described in Tasks 1 — 5. Ongoing services for annual maintenance of Monroe County wastewater assessment rolls are described In Task 6. Task 1 - Evaluate existing data sources and identify methodologies for developing the preliminary assessment roll. The Consultant will obtain and review existing data sources such as project area maps, the Monroe County GIS database and Tier data, Monroe County Property Appraisers data, ad valorem tax rills, existing FKAA customer lists, and FKAA equivalent dwelling • unit (EDU) assignments for existing customers and future development it Is estimated that there are 6,650 EDUS in the Cudjoe Regional Service Area. The Respondent will develop alternative methodologies for development of the preliminary assessment roll and recommend the preferred methodology. Alternative methodologies for development of the preliminary assessment role should include, but not be limited to, the following approaches: • Merge ad valorem tax roll with FKAA customers. • Merge existing FKAA customers with Tier III properties. Under the proposed Monroe County Tier System, properties are designated Tler I, 11, or III based on their importance to habitat conservation. Tier iI1 parcels are considered least critical to habitat preservation. The methodology should Include Identification of undeveloped properties likely to require future wastewater service. An opt -in program and a different capacity reservation fee have been contemplated Task 2 — Develop Preliminary Assessment Roll upon approval of methodology by County. The Consultant will develop the preliminary assessment roll and print, stuff, and mail first class notices to property owners. An electronic summary spreadsheet that includes property owner name, address, EDU allocation, and property Tier designation will be provided to Monroe County and FKAA. The spreadsheet will be used by FKAA during the EDU allocation appeal process. Task 3 — Certification of Final Assessment Roll Consultant will make necessary revisions to the preliminary assessment roil prior to providing the certified final assessment roll to the county's tax collector. The • Respondent will contact the tax collector at 305 - 295 -5010 to Identify the required layout Pages 1 of 2 of the final assessment roll and number of copies to be provided on CD and in hard copy. Necessary revisions may include: • Addition of vacant parcels or deletion of vacant parcels depending on selected methodology for collection of connection fees for vacant parcels. • Adjustments to EDU allocations following appeal to the FKAA Board of Directors. Task 4 — Provide direction to Monroe County for compliance with statutory requirements associated with collection of special assessment by the uniform method. Consultant will review County Code and implementing resolutions associated with the assessment program and provide assistance with the legal requirements for public hearings and the development of appropriate published notices, as needed. Task 6 — Conduct Progress Meetings Consultant will schedule, plan and conduct meetings, as needed. Up to three meetings which may include a kick -off meeting, progress meeting with County and FKAA staff, and one presentation to the Board of County Commissioners are included In this basic scope of services. Task 6 — Provide proposal for annual maintenance and certification of the non-ad valorem special assessment rolls for Cudjoe Regional Service Area, Stock Island, Big Coppitt and Duck Key Service Areas. Consultant wi0 provide ongoing administrative services for update and maintenance of the databases necessary to create and certify the final assessment roll on an annual basis in compliance with statutory timeframes. County contemplates transfer of the responsibility for annual maintenance to County staff at some future date. Task 6 also includes the development of an online database for County staff to create pay off memos and enter payoffs that are received. The consultant will manage the database annually by providing the County with a list of payoffs received. It Is anticipated that this online database will streamline the annual maintenance of the roil, which will result in a reduced cost for annual maintenance services. Annual services for Task 6 are for an initial five year period and indude an option to extend for an additional five-year period. Pogo 2 of 2 ATTACHMENT B The fixed fee price for tasks 1 -5 is $55,080. Payment for production and mailing of statutorily required first dass notices will be billed on an Individual basis not to exceed $1.28. County agrees to pay a set-up fee of $400.00 for mailing to less than 2,000 parcels. Fees associated with newspaper publications and obtaining data from the property appraiser will be paid by Monroe County. Payment Schedule Tasks 1 - April 2009 25% of fixed fee ($13,770.00) June 2009 25% of fixed fee ($13,770.00) August 2009 25% of fixed fee ($13,770.00) October 2009 25% of fixed fee ($13,770.00) The fixed price for task 6 first year services is $23,500. This includes the certification of the 2009 assessment rolls for the Stock Island, Big Coppitt, & Duck Key Assessment Programs and annual maintenance of the payment database. The fixed fee price for year 2 — 5 services is $40,000. This Includes the certification of the annual assessment rolls for the Stock Island, Big Copalltt, Duck Key and Cudjoe Regional Assessment Programs and annual maintenance of the payment database. Payment Schedule Task 8 (Year 1) AprII 2009 25% of fixed fee ($5,875.00) June 2009 25% of faced fee ($5,875.00) August 2009 25% of fixed fee ($5,875.00) October 2009 25% of fixed fee ($5,875.00) Payment Schedule Task 6 (Year 2 -5) January 2010 -2013 25% of fixed fee ($10,000.00) April 2010 -2013 25% of fixed fee ($10,000.00) July 2010 -2013 25% of fixed fee ($10,000.00) September 2010 -2013 25% of fixed fee ($10,000.00) • The fee for professional services for Tasks 1-6 (Year 1) includes a total of 3 on -site visits ' by GSG. Meetings in excess will be billed at an hourly rate of $180. Reimbursable Expenses All expenses related to on -site meetings will be billed in accordance with Florida Statute 112.061 and Monroe County Ordinance 0042004. Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Receipts showing a zero balance are required for airfare, hotel and car arrangements. Boarding passes must be submitted for air travel. The Monroe County per diem for breakfast, lunch, and dinner are $8.00, $11.00, and $19.00, respectively. Monroe County does not reimburse for parking at or travel to the destination airport Page 1 of 1 G S E December 14, 2010 Via Electronic Transmission Elizabeth A. Wood, Senior Administrator Monroe County Sewer Projects 1100 Simonton Street, Suite 2 -216 Key West, FL 33040 Re: Monroe County Cudjoe Key Wastewater Assessment Program - Fiscal Year 201112 Dear Liz, Based on our telephone discussion last week, this correspondence is written for Govemment Services Group, Inc. (GSG) to provide a revised scope of services and fees for our continuing assistance In the development and implementation of the wastewater assessment program for Cudjoe Key for Fiscal Year 2011 -12 pursuant to the Agreement for Consulting Services (Agreement) between GSG and Monroe County (County) dated April 15, 2009 and effective through Fiscal Year 2013 -14. The Agreement contemplated that the development and Implementation of the wastewater assessment program for Cudjoe Key would be completed in 2009 for Fiscal Year 2009 -10. Based on that assumption, the original fees for Fiscal Year 2009 -10 and Fiscal Year 2010 -11 through 2013 -14 were as folbws: Monroe County Wastewater Assessment Program Original Fees Fiscal Year 2009-10 Fiscal Year 202.0-1.1 though 2023 -14 CudJoe Key 355,080.00 Included In other tees Annual Services: BIg CoppkC Duck Key, Stock Island & Web Application 323,500.00 540,000.00 Although the Cudjoe Key assessment program was deferred just prior to the adoption of the preliminary assessment resolution in 2009, GSG blued and was paid $35,912.00 In 2009, leaving $19,168.00 for the future development and implementation of the Cudjoe Key assessment program. Based on our discussions on February 1, 2010 regarding the potential implementation of the Cudjoe Key assessment program for Fiscal Year 2010 -11, GSG billed the County $3,750.00 In March 2010 and $3,750.00 In May 2010; however, the County did not remit payment for these Invoices so the outstanding amount still available for the development and implementation of the Cudjoe Key assessment program is $19,168.00. On our phone call last week, the County requested that GSG provide EDU totals for subareas within the Cudjoe Key assessment area. In addition, the County may want to explore a tiered approach that charges properties based on specific components of the wastewater services (e.g., wastewater treatment costs versus collection and /or connection costs). These modifications to the parameters of the original Cudjoe Key assessment program will require GSG to conduct additional work effort not originally contemplated. Therefore, this revised scope of services and fee for the development and Implementation of the Cudjoe Key assessment program addresses the new program parameters and Is also based on the following assumptions: Tallahassee Orlando Miami 1500 Mahan Drive, Suite 250 280 Wekive Spdrrps Rd Suite 2000 2855 Laleune Road. Pent House 1.0 Tallahassee, FL 32308 Longwood, FL 32779 (850) 881 -3717 Tel • (850) 224.7208 Fax (407) 829-8800 Tel • (407) 829 -6953 Fax Corsi Gables, 8 O Tel Mal 896 Toll Free (877) 5823482 Toll Free (305) 37 Fax Elizabeth A. Wood, Senior Administrator December 14, 2010 Page 2 1. County will provide notice to proceed by January 20, 2011. 2. The preliminary database will be based on the data prepared for the Fiscal Year 2009 -10 assessment program and will not be updated except for any parcels that have Improved since 2009 or parcels that have changed from Single Family Residential (SFR) properties to non-SFR properties or vice versa. 3. The rules for the assessment program are: a) PC Code directs the assessment category. b) SFR 9 1 EDU c) Non-SFR properties = average flow In gallons per day (gpd) for highest 3 months /167 gpd. Due to the change to new data format by FKAA effective October 2007, the 18 -month time period used for water flow included October 2007 through March 2009 (Inclusive). d) Vacant parcels are not Included In the assessment program. e) Cold spot parcels are not Included In the assessment program. 4. The County will provide direction to resolve the following outstanding data Issues: a) Meters less than 1.0 EDU b) Possible high meters c) Marinas -docks d) Parcels sharing a meter e) No meter match f) Nursery parcels 5. GSG will provide preliminary information based on the afore - mentioned assumptions by April 15, 2011. SCOPE OF SERVICES Based on the scope of services within the Agreement and the aforementioned assumptions, GSG proposes the following tasks for the development and Implementation of the CudJoe Key assessment program for Fiscal Year 2011-12: Task 1: Re- evaluate existing data sources and identify methodologies for developing the preliminary assessment roll. Task 2: Develop Preliminary Assessment Roll upon approval of methodology by County. Task 3: Certification of Final Assessment Roll Task 4: Provide direction to Monroe County for compliance with statutory requirements associated with collection of special assessment by the uniform method. Task 5: Conduct Progress Meetings Elizabeth A. Wood, Senior Administrator December 14, 2010 Page 3 PROPOSED FEES The fee for GSG to provide the professional services described In the proposed scope of services will be $35,000. This fee includes reimbursement for all out -of- pocket expenses, except as noted below. The professional services fee Includes two on-site visits to the County. Any additional on -site meetings by GSG staff may be arranged at our standard hourly rates provided below. All expenses related to these requested meetings will be billed in accordance with section 112.061, Florida Statutes. If necessary, In lieu of on-site visits, periodic telephone conference calls may be scheduled to discuss project status. The standard hourly rates for GSG are as follows: GOVERNMENT SERVICES GROUP, INC. Chief Executive Officer $225 Senior Vice President $175 Vice President $160 Senior Project Manager /Consultant/Project Coordinator $160 Consultant/Database Analyst/Technical Services $i30 Administrative Support $ 50 The professional services fee does not Include the costs of producing and mailing the statutorily required first class notices. Mailing and production costs depend on the number of assessable parcels of property within the assessment program area, but average approximately $1.30 per parcel. Payment of mailing and production costs is due at the time of adoption of the initial assessment resolution or like document. For non-domestic notices, mailing charges will include the actual amount of postage beyond the domestic rate and if U.S. postage rates Increase prior to mailing, the additional postage per notice will be charged. The County Is responsible for any and all newspaper publications, including, but not limited to, making arrangements for publications and any costs associated therewith. The County Is also responsible for any costs incurred to obtain information from the property appraiser or other public officials that is necessaryfor the assessment program. DELIVERABLES SCHEDULE Event Schedule Notice to Proceed ByJanuary 20, 2011 Prepare Preliminary Assessment Roll April 1, 2011 Develop Revenue Requirements April 1, 2011 Calculate Assessment Rates April 15, 2011 Notice to Proceed with Implementation By May 1, 2011 Implementation May - September 2011 Elizabeth A. Wood, Senior Administrator December 14, 2010 Page 4 PAYMENT SCHEDULE The fee for professional services will be due and payable, based on the following schedule and assuming that notice to proceed is received by January 20, 2011. If notice to proceed occurs after this date, the payment schedule will be condensed over the anticipated number of months remaining to complete the project. Payment Due Percent of Total Amount Due February 2011 25% of professional services fee $8,750 March 2011 25% of professional services fee $8,750 April 2011 25% of professional services fee $8,750 September 2011 25% of professional services fee $8,750 Total $35,000 The execution of this letter agreement indicates acceptance of this proposal and notice to proceed. Upon execution of this agreement, please provide us with a signed copy for our files. We look forward to working with you on this protect. If you have any questions, please feel free to telephone me. Sincerely. r n G Camille P. Tharpe Senior Vice President ACCEPTED AND AGREED TO FOR FISCAL YEAR 2011-12: BY MONROE COUNTY DATE • ATTACHMENT C The fixed fee for Tasks 1 — 5 to develop and implement the Cudjoe Regional Assessment Program is amended based on scope changes to $70,802. Payment Schedule Tasks 1 -5 25% of fixed fee ($8,750) Delivery of preliminary assessment roll based on 2011 PA data and estimate of assessable EDUs for revised scope service areas (estimated Feb 1, 2011) 25% of fixed fee ($8,750) Delivery of preliminary assessment roll and list of properties requiring field verification (assumes scope issues related to vacant, expanded service area, or other are resolved by Feb 18, 2011) (estimated March 1, 2011) 25% of fixed fee ($8,750) Upon notice (estimated April 1, 2011) 25% of fixed fee ($8,750) Upon certification of Cudjoe Regional Assessment Program to tax collector (Estimated mid - September 2011 or earlier) Payment Schedule Task 6 (Big Coppltt, Duck Key and Stock Island Annual Services) January 2011 25% of fixed fee ($5,875.00) April 2011 25% of fixed fee ($5,875.00) July 2011 25% of fixed fee ($5,875.00) September 2011 25% of fixed fee ($5,875.00) Payment Schedule Task 8 ( Cudjoe Regional, Big Coppltt, Duck Key and Stock island Annual Services) January 2012 -2013 25% of fixed fee ($10,000.00 per year) April 2012 -2013 25% of fixed fee ($10,000.00 per year) July 2012 -2013 25% of fixed fee ($10,000.00 per year) September 2012-2013 25% of fixed fee ($10,000.00 per year) \ Attachment C — Amendment 1 to April 15, 2009 Agreement with GSG for Non Ad Program \ Attachment B /GSG Second Amendment Scenario C Payment Schedule GSG Second Amendment Payment Schedule Scenario C Tasks 1 -5: Development and implementation of the non -ad valorem special assessment program for the Cudjoe Regional Central Inner Islands Service Area on the 2012 tax bill and Outer Islands on the 2013 tax bill. Cudjoe Regional Central Inner Islands Program The fixed fee to develop and implement the Cudjoe Regional Central Inner Islands Assessment Program with the current parcels and EDU allocations based on PC Code changes and the most recent 3 year water consumption data is $36,000. Certification of the Cudjoe Central Non -ad Valorem Special Assessment tax roll is required by September 15, 2012 for collection of the system development fees (SDFs) to begin on the 2012 tax bill. Monroe County will make partial payments equaling 25% of the $36,000 fixed fee of $9,000 to GSG upon completion of the following milestones: • Milestone 1: Delivery of Cudjoe Regional Inner Islands Draft Non -Ad Valorem Assessment Tax Roll to Monroe County for field verification. Target date: May 7, 2012 [25% of fixed fee: $9,000] • Milestone 2 - Delivery of Cudjoe Regional Central Inner Island preliminary Non - Ad Valorem Assessment Tax Roll to Monroe County for possible inclusion on Initial Assessment Resolution. Adoption of Initial Assessment Resolution (IAR) is scheduled for June 20, 2012 BOCC meeting in Marathon with June 5, 2012 agenda deadline. Adoption of the IAR triggers mailing of the First Class Notices which advise owners of the Equivalent Dwelling Unit (EDU) allocation and system development fee amount. The First Class Notices direct property owners to submit appeals forms to FKAA if the EDU allocation requires review for ATTACHMENT C /GSG Second Amendment Scenario C Payment Schedule Page 1 of 6 accuracy. Adoption of the Final Assessment Resolution is scheduled for July 18, 2012 BOCC meeting in Key West with July 3, 2012 agenda deadline. Advertisement of the July 18, 2012 hearing is scheduled to begin on June 25, 2012. Target date: May 27, 2012 [25% of fixed fee: $9,000] • Milestone 3 - Delivery of prepayment list to Monroe County and mailing of prepayment notices. Target Date: July 23, 2012 [25% of fixed fee: $9,000] • Milestone 4 — Certification and delivery of Cudjoe Regional Central Inner Islands final Non -Ad Valorem Assessment Tax Roll to Monroe County Tax Collector in compatible format. Upload certified roll into prepayment database. Target Date: September 10, 2012 [25% of fixed fee: $9,000] Cudjoe Regional Outer Islands Program The fixed fee to develop and implement the Cudjoe Regional Outer Island Assessment Program with the current parcels and EDU allocations based on PC Code changes and the most recent 3 year water consumption data is $18,000. Certification of the Cudjoe Central Non -ad Valorem Special Assessment tax roll is required by September 15, 2013 for collection of the system development fees (SDFs) to begin on the 2013 tax bill. Monroe County will make partial payments equaling 25% of the $18,000 fixed fee of $4,500 to GSG upon completion of the following milestones: ATTACHMENT C /GSG Second Amendment Scenario C Payment Schedule Page 2 of 6 '• Milestone 1: Delivery of Cudjoe Regional Central Outer Island Draft Non -Ad Valorem Assessment Tax Roll to Monroe County for field verification. Target date: May 7, 2012 [25% of fixed fee: $4,500] • Milestone 2 - Delivery of Cudjoe Regional Central Outer Island Central preliminary Non -Ad Valorem Assessment Tax Roll to Monroe County for possible inclusion on Initial Assessment Resolution. Adoption of Initial Assessment Resolution (IAR) is scheduled for December 12, 2012 BOCC meeting in Marathon with November 27, 2012 agenda deadline. Adoption of the IAR triggers mailing of the First Class Notices which advise owners of the Equivalent Dwelling Unit (EDU) allocation and system development fee amount. The First Class Notices direct property owners to submit appeals forms to FKAA if the EDU allocation requires review for accuracy. Adoption of the Final Assessment Resolution is scheduled for January 16, 2013 BOCC meeting in Key West with January 1, 2013 agenda deadline. Advertisement of the January 16, 2012 hearing is scheduled to begin on December 24, 2012. Target date: November 13, 2012 [25% of fixed fee: $4,500] • Milestone 3 - Delivery of prepayment list to Monroe County and mailing of prepayment notices. Target Date: January 21, 2012 [25% of fixed fee: $4,500] • Milestone 4 — Certification and delivery of Cudjoe Regional Central Outer Island final Non -Ad Valorem Assessment Tax Roll to Monroe County Tax Collector in compatible format. Upload certified roll into prepayment database. Target Date: February 14, 2013 [25% of fixed fee: $4,500] ATTACHMENT C /GSG Second Amendment Scenario C Payment Schedule Page 3 of 6 Task 6: Annual services to certify Stock Island, Big Coppitt, and Duck Key Non -ad Valorem Special Assessment Tax Rolls for 2012 tax year and annual services to additionally certify the Cudjoe Regional Inner and Outer Island, as well as Supplemental Big Coppitt and Duck Key Non -ad Valorem Special Assessment Tax Rolls for 2013 tax year. The fixed fee for annual certification and maintenance of the Stock Island, Big Coppitt, and Duck Key Non -ad Valorem Special Assessment Tax Rolls and online database established in the April 15, 2009 GSG Agreement is $23,500 per year. Monroe County will continue to make payments in FY2012 according the following schedule established in the GSG First Amendment: January 2012 25% of fixed fee ($5,875) April 2012 25% of fixed fee ($5,875) July 2012 25% of fixed fee ($5,875) September 2012 25% of fixed fee ($5,875) Following adoption of the Final Assessment Resolution and certified delivery of the Cudjoe Regional Central Inner Islands and Supplemental Big Coppitt and Duck Key final Non -Ad Valorem Assessment Tax Rolls in 2012, annual services will also be required for the Cudjoe Regional Central Inner Islands and Supplemental Big Coppitt and Duck Key Assessment Programs. The fixed fee for annual certification and maintenance of the Stock Island, Big Coppitt, Duck Key, and Cudjoe Regional Central Inner Islands Non -ad Valorem Special Assessment Tax Rolls and online database is $29,750 per year. The supplemental Big Coppitt and Duck Key tax roll will be delivered annually to the tax collector as a separate tax roll. Although the parcels are located in the Big Coppitt and Duck Key service Areas, the tasks associated with certification of the tax roll including creating the tax roll based on the prior year roll, removing prepayments updated in the online database, allocating EDUs for split or joined parcels, and certification /delivery of the tax roll have to be replicated. ATTACHMENT C /GSG Second Amendment Scenario C Payment Schedule Page 4 of 6 The additional fixed fee for the annual certification and maintenance of the Supplemental Big Coppitt and Duck Key Special Assessment Tax Rolls and online database established is $750 per year for a total fixed fee of $30,500 for the Stock Island, Big Coppitt and Duck Key, Supplemental Big Coppitt and Duck Key, and Cudjoe Regional Central Inner Island Programs. Once GSG certifies delivery of the Cudjoe Regional Central Inner Islands final Non -ad Valorem Assessment Tax Roll and the Supplemental Big Coppitt and Duck Key Tax Roll to the Tax Collector, Monroe County will make payments for the additional annual services in FY 2013 according to the following schedule: January 2013 25% of fixed fee ($7,625) April 2013 25% of fixed fee ($7,625) July 2013 25% of fixed fee ($7,625) September 2013 25% of fixed fee ($7,625) The option to extend the annual services for an additional five year period is reserved. An amendment should be adopted prior to April 2013 to establish responsibility for annual services and database maintenance in 2014 through 2018. The fixed fee for annual service and database management following implementation of the Cudjoe Regional Outer Island Program is $42,250. The Stock Island Assessment Program began in 2004 and had 5, 10, and 20 year terms. The Stock Island Program has final years of collection in 2008, 2013, and 2023. The Big Coppitt and Duck Key Program began in 2007 and had a 20 year term with the final collection year in 2026. The Cudjoe Regional Central and Supplemental Big Coppitt and Duck Key Program if started in 2012 with a 20 year term will have a final year collection in 2031. Task 7: Development and implementation of the non -ad valorem special assessment program for the Supplemental Big Coppitt and Duck Key Program on the 2012 tax bill. ATTACHMENT C /GSG Second Amendment Scenario C Payment Schedule Page 5 of 6 Monroe County provided data by parcel id for the Big Coppitt/Duck Key Service Areas and permits issued between October 1, 2006 through July 26, 2011 for Big Coppitt, Shark Key and Duck Key to GSG. The list of permits likely to require wastewater service, titled Engineering "WASTE" Review Stop Permit Types was also provided. The fixed fee to develop and certify the supplemental Big Coppitt and Duck Key Non -ad Valorem Special Assessment Tax Rolls is $3,000. Monroe County will make partial payments equaling 50% of the fixed fee of $3,000 to GSG upon completion of the following milestones: • Milestone 1 - Delivery of Supplemental Big Coppitt and Duck Key preliminary Non -Ad Valorem Assessment Tax Roll to Monroe County for possible inclusion on Initial Assessment Resolution. Adoption of Initial Assessment Resolution (IAR) is scheduled for June 20, 2012 BOCC meeting in Marathon with June 5, 2012 agenda deadline. Adoption of the IAR triggers mailing of the First Class Notices which advise owners of the Equivalent Dwelling Unit (EDU) allocation and system development fee amount. The First Class Notices direct property owners to submit appeals forms to FKAA if the EDU allocation requires review for accuracy. Adoption of the Final Assessment Resolution is scheduled for July 18, 2012 BOCC meeting in Key West with July 3, 2012 agenda deadline. Advertisement of the July 18, 2012 hearing is scheduled to begin on June 25, 2012. Target date: May 27, 2012 [50% of fixed fee: $1,500] • Milestone 2 - Certification and delivery of Supplemental Big Coppitt and Duck Key final Non -Ad Valorem Assessment Tax Roll to Monroe County Tax Collector in compatible format. Upload certified roll into prepayment database. Target Date: September 10, 2012 [50% of fixed fee: $1,500] ATTACHMENT C /GSG Second Amendment Scenario C Payment Schedule Page 6 of 6 • - OP ID: GS A�tt'a�RE�" CERTIFICATE OF LIABILITY INSURANCE 1 DATE(MMIDD,YYY1) 06/14!12 • THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(Ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In Neu of such endorsementtst PRODUCER 850 - 878 -2121 1 r Earl Bacon Amy, Inc { P g H t C O Exe: � NE FAX 3131 LonnbIa Road 850 -878 -212 EMAIL ' (N o): C. N P.O. Box 12039 RESs Tallahassee, FL 32317 PpoDUCr:i% John R. Nylon, Jr/A194134 CUSTOMER ID S; GOV -4 INSURER(S) AFFORDING COVERAGE NAIC re INSURED Government Services Group Inc. INSURER A: Zenith Insurance Co 13269 K • athy Undsey INSURER B : Phoenix Insurance Company 25623 1500 Mahan Dr., #250 INSURER C: Auto-Owners Insurance Company 16988 Tallahassee, FL 32308 INSURER D : Travelers Indemnity Company 25658 INSURER E INCt IRFR F COVERAGES CERTIFICATE NUMBER; REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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. WSR ADDL SUBRI POLICY EFF POLICY EXP i TR TYPE OF INSURANCE frogs/ Min POUCY NUMBER INRIODNYYY1 IMMDOlYYYYI LIMITS GENERAL UABLITY EACH OCCURRENCE $ 2,000,00( B X C:IOMME Pc ,<N. rFNFUaL LIAF+iLITY X 16807521 H602PHX11 11/01/11 11/01112 LaMAVi r° RkN FU 300,00C F'I:'pMiSES IFa!u tf aT«murl $ CLAIM -MADE n OCGUR MED EXP (Any one Derspn) 1 5,00( • PERSONAL a ADV Irv.r •f $ 2,000,00C GENERAL AGGREGATE $ 4,000,00C GENt AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGG $ 4,000,00C - r'?JI. ICY Fid i L0 f AUTOMOBILE LIABILITY X COMBINED SINGLE LIMIT 1 1,000,00C t E . 41 accfdQMl C X ANY AUTO 4853169600 09101/11 09101/12 BODILY INJURY (Per person) ALL OWNED AUTOS — BODILY IWURY (Per acc +dent) 1 • _ SCF£DULED AUTOS _�!(�_�A/n1' �//' DAMAGE $ HIRED ALTOS V I `^`��� ��j� ' " "„ t) _ ; :)N,OWNEDA! / 7 (3 1 11 � $ X UMBRELLALIAB X DCCLIL EACH OCCURRENCE $ 5,000,00C EXCESSUAS CLAIMS-MADE AC-GRccATE q 5,000,OOC D X CUP2431Y914IND11 11/01111 11/01/12 _ DEDUCTIBLE $ X f:'EIFNTIrNJ i 5,000 _ $ WORKERS COMPENSATION X 1 T i C I IS I 1GIJI- ANo EMPLOYERS'LIABILITY 7Y- ER A A OP T AA o LXL1JI1VE Ya N t o Z836045318 11/01/11 11/01/12 FL EACH A ACCIDENT i 1,000,00C (Mandatory n NH) E L DISEASE - EA EMPLOYEE $ 1,000,00C It yes, describe under DF5r'RIPT ION OF OPFRATI( S yfNow E L. DISEASE - POLICY LIMIT 1 1,000,00C DESCRIPTION OF OPERATIONS f LOCATIONS 1 VEHICLES (Attach ACORO 101, Additional Remarks Schedule, W more space Is required) CERTIFICATE HOLDER CANCELLATION MOCOKE5 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County Board of County ACCORDANCE WITH THE POLICY PROVISIONS • Commissioners, its employees AUTHORIZED REPRESENTATIVE and officials 1100 Simonton Street Q e - �, Qi . IKav WPMe FI 33140 C .�`''� ©1988 - 2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD k COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ iT CAREFULLY. BLANKET ADDITIONAL INSURED (CONTRACTORS OPERATIONS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section II) is amended c) The insurance provided to the additional in- to include any person or organization that you sured does not apply to "bodily injury" or agree in a "written contract requiring insurance" "property damage" caused by "your work" i to include as an additional insured on this Cover- and included in the "products- completed op- age Part, but: erations hazard ". I a) Only with respect to liability for "bodily injury", 3. The insurance provided to the additional insured "property damage" or "personal injury": and by this endorsement is excess over any valid and by If, and only to the extent that, the injury or collectible "other insurance ", whether primary, damage is caused by acts or omissions of excess, contingent or an any other basis, that is you or your subcontractor in the performance available to the additional insured for a loss we of "your work" to which the "written contract cover under this endorsement. However, if the requiring insurance" applies. The person or "written contract requiring insurance specifically organization does not qualify as an additional requires that this insurance apply on a primary insured with respect to the independent acts basis or a primary and non - contributory basis, or omissions of such person or organization, this insurance is primary to "other insurance" available to the additional insured which covers 2. The insurance provided to the additional insured that person or organization as a named insured by this endorsement is limited as follows: for such loss, and we will not share with that a) in the event that the Limits of Insurance of "other insurance ". But the insurance provided to this Coverage Part shown in the Declarations the additional insured by this endorsement still is exceed the limits of liability required by the excess over any valid and collectible "other in- "written contract requiring insurance ", the in- surance", whether primary, excess, contingent or surance provided to the additional insured on any other basis, that is available to the addi- shall be limited to the limits of liability re- tional insured when that person or organization is quired by That "written contract requiring in- an additional insured under such "other insur- surance". This endorsement shall not in- ance ". crease the limits of insurance described in 4. As a condition of coverage provided to the Section III — Limits Of Insurance. additional insured by this endorsement: b) The insurance provided to the additional in- a) The additional insured must give us written sured does not apply to "bodily injury ", "prop - notice as soon as practicable of an "occur - erty damage" or "personal injury" arising out rence" or an offense which may result in a of the rendering of, or failure to render, any claim. To the extent possible, such notice professional architectural, engineering or sur- should include: veying services, including: i. How, when and where the "occurrence" • I The preparing, approving, or failing to or offense took place; prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ii. The names and addresses of any injured ders or change orders, or the preparing, persons and witnesses; and approving, or failing to prepare or ap- iii. The nature and location of any injury or prove, drawings and specifications; and damage arising out of the "occurrence" or il. Supervisory, inspection, architectural or offense. engineering activities. CG D2 48 08 05 ® 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY b) 1f a claim is made or "suit" is brought against ance provided to the additional insured by the additional insured, the additional insured this endorsement is primary to "other insur- must: ance" available to the additional insured which covers that person or organization as a i. Immediately record the specifics of the named insured as described in paragraph 3. claim or "suit" and the date received; and above. ii. Notify us as soon as practicable. 5. The following definition is added to SECTION V. The additional insured must see to it that we — DEFINITIONS: receive written notice of the claim or "suit" as "Written contract requiring insurance" means soon as practicable. that part of any written contract or agreement c) The additional insured must immediately under which you are required to include a send us copies of all legal papers received in person or organization as an additional in- connection with the claim or "suit ", cooperate sured on this Coverage Part, provided that with us in the investigation or settlement of the "bodily injury" and "property damage" oc- the claim or defense against the "suit ", and curs and the "personal injury" is caused by an otherwise comply with all policy conditions. offense committed: d) The additional insured must tender the de- a. After the signing and execution of the tense and indemnity of any claim or "suit" to contrail or agreement by you; any provider of "other insurance" which would b. While that part of the contract or cover the additional insured for a loss we agreement is in effect; and cover under this endorsement. However, this condition does not affect whether the insur- c. Before the end of the policy period. m . o =am aum ;sue 0 12220 Page 2 of 2 ® 2005 The St. Paul Travelers Companies, Inc. CG D2 48 08 05 r--r OP ID; GS A ° CERTIFICATE OF LIABILITY INSURANCE DATE DD ""' 0 THIS CERTIFICATE 13 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the I certificate holder In lieu of such endorsementfs1. PRODUCER 850878 -2121 wNA�N1�rnar Earl Bacon Agency, Inc PH8110 FAX 3131 Lonnbladh Road 850.878 -2128 i rto Extl: 1 (NC, No): • P.O. Box 12039 Tallahassee, FL 32317 GOVER - John R. Nylen, Jr/A194134 CUSTOMER ID L; INSURER(S) AFFORDING COVERAGE NAIC S INSURED Government Services Group,Inc. INSURER A: Underwriters at Lloyds, London Kathy Lindsey INSURERS: 1500 Mahan Dr., #250 INSURER C: Tallahassee, FL 32308 INSURER D: • INSURER E __ INSIIRFRF • COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NS TYPE OF INSURANCE ADDL SUHri POUCY EFF POLICY EXP LTR INSR wvn POLICY NUMBER (MMODIYYYY) (MMIDDIYYYY) LIMITS I GENERAL LABILITY EACH OCCURRENCE $ DAMAGE IOItENIEL) --" COMMERCIAL GENERAL LIABILITY PREMISES IFa occurrence) I CLAMS -MADE n OCCUR MED EXP (My one person) _ $ PERSONAL & ADV INJURY r $ GENERAL AGGREGATE $ GEML AGGREGATE LIMIT APPLIES PER PRODUC -S - COMP /OP AGG $ 7 POLICY I l WT j ) LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO — BODILY INJURY (Per person) $ ALL OWNED AUTOS it BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ — (----- HIRED AUTOS `� ' . (Per accident) NOt� -0VJNED AUTOS $ 7-e----10\ . , UMBRELLA LAB _ OCCUR EACH OCCURRENCE .. $ - EXCESSUAB CLAIMS -MADE • AGGREGATE _ $ — DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION 1 Y TM R j0111- R 1 AND EMPLOYERS' LIABILITY Y / N OR ANY PROPRETOR/PARTNERJEXECUT IE ID OFFK:ER/MEMBEREXCt.ucEo? NIA EL EACH ACCIDENT $ • (Mandatory M NH) E L DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L DISEASE- POLICY LIMIT $ A Professional ME0106797710 07/13/11 07/13/12 PI Claim 5,000,001 - - - _ - Aggregate 5,oO0,00t DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (Attach ACORD 101, Addidonal Remarks Schedule, If more space is required) Claims -Made form; Retro Date: 7113105 Deductible: $5,000 CERTIFICATE HOLDER CANCELLATION MOCOKE6 SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE IMLL BE DELIVERED IN Monroe County ACCORDANCE INITH THE POLICY PROVISIONS. 102050 Overseas Hwy, Suite 223 Key Largo, FL 33037 AUTHORIZED REPRESENTATIVE _,Qe--)1,7(...Q, , ,' OD 1988 -2009 ACORD CORPORATION. All riohts reserved.