1. 09/17/2013 Agreement - .I.: -. AMY HEAVILIH, CPA
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CLERK OF CIRCUIT COURT & COMPTROLLER
MONROE COUNTY,FLORIDA
DATE: September 3, 2013
TO: Teresa Aguiar, Director of
Employee Services
ATTN: Maria Fernandez, Senior
Benefits Administrator
FROM: Vitia Fernandez, D.C.
At the September 17, 2013, Board of County Commissioner's meeting the Board granted
approval and execution of Item C43 Accept proposal from evergreen to conduct a Job Classification
and Compernsation Study at a fee of$82,000.
Attached are two (2) certified copies of the above-mentioned for your handling. Should you have
any questions please do not hesitate to contact this office.
cc: County Attorney(w/o documents)
Finance
---File-
.
500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fax 305-295-3663
3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fax:305-289-6025
88820 Overseas Highway,Plantation Key, FL 33070 Phone:852-7145 Fax:305-852-7146
AGREEMENT
MONROE COUNTY
CONTRACT FOR
Compensation & Classification Study
SERVICES
THIS AGREEMENT is made and entered into this 17 day of September, 2013, by
MONROE COUNTY ( "COUNTY "), a political subdivision of the State of Florida, whose
address is 1100 Simonton Street, Key West, Florida 33040 and Evergreen Solutions,
LLC ( "CONTRACTOR "), whose address is 2878 Remington Green Circle, Tallahassee,
Florida 32312.
Section 1. SCOPE OF SERVICES
CONTRACTOR shall do, perform and carry out in a professional and proper manner
certain duties as described in the Scope of Services — Exhibit A — which is attached
hereto and made a part of this agreement.
CONTRACTOR shall provide the scope of services in Exhibit A for COUNTY.
CONTRACTOR warrants that it is authorized by law to engage in the performance of
the activities herein described, subject to the terms and conditions set forth in these
Agreement documents. The CONTRACTOR shall at all times exercise independent,
professional judgment and shall assume professional responsibility for the services to
be provided. Contractor shall provide services using the following standards, as a
minimum requirement:
A. The CONTRACTOR shall maintain adequate staffing levels to provide the
services required under the Agreement resulting from the RFP process.
B. The personnel shall not be employees of or have any contractual
relationship with the County. To the extent that Contractor uses
subcontractors or independent contractors, this Agreement specifically
requires that subcontractors and independent contractors shall not be an
employee of or have any contractual relationship with County.
C. All personnel engaged in performing services under this Agreement shall
be fully qualified, and, if required, to be authorized or permitted under
State and local law to perform such services.
Section 2. COUNTY'S RESPONSIBILITIES
2.1 The County will provide such data as is required by the Contractor and is
mutually agreed upon.
2.2 The County will make payments as outlined in Section 4 of this Agreement.
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Section 3. TERM OF AGREEMENT
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Se
3.1 Except as noted below, this Agreement shall begin on the 44#+t-day of Aetebef
2013 and will conclude with delivery of the final deliverable outlined in Section ' l
of this Agreement. Evergreen will complete all work within 120 days of project
start date . CeS:ePk^tAX"y a3 " ao13.
Section 4. PAYMENT TO CONTRACTOR
4.1 Payment will be made according to the Florida Local Government Prompt
Payment Act, Section 218.70, Florida Statutes. The Provider shall submit to the
County an invoice with supporting documentation in a form acceptable to the
Clerk. Acceptability to the Clerk is based on generally accepted accounting
principles and such laws, rules and regulations as may govern the Clerk's
disbursal of funds. The Director of Employee Services will review the request,
note his /her approval on the request and forward it to the Clerk for payment.
Payment will be made in phases as each phase is completed as shown in Exhibit
A, Detailed Work Plan.
4.2 Any extension of this Agreement beyond the term noted in Section 3 is
contingent upon annual appropriation by Monroe County.
Section 5. CONTRACT TERMINATION
Either party may terminate this Agreement because of the failure of the other party to
perform its obligations under the Agreement. COUNTY may terminate this Agreement
with or without cause upon thirty (30) days' notice to the CONTRACTOR. COUNTY
shall pay CONTRACTOR for work performed through the date of termination.
Section 6. CONTRACTOR'S ACCEPTANCE OF CONDITIONS
A. CONTRACTOR hereby agrees that he has carefully examined the RFP, his
response, and this Agreement and has made a determination that he /she has the
personnel, equipment, and other requirements suitable to perform this work and
assumes full responsibility therefore. The provisions of the Agreement shall
control any inconsistent provisions contained in the specifications. All
specifications have been read and carefully considered by CONTRACTOR, who
understands the same and agrees to their sufficiency for the work to be done.
Under no circumstances, conditions, or situations shall this Agreement be more
strongly construed against COUNTY than against CONTRACTOR.
B. Any ambiguity or uncertainty in the specifications shall not be construed against
the drafter.
C. The passing, approval, and /or acceptance by COUNTY of any of the services
furnished by CONTRACTOR shall not operate as a waiver by COUNTY of strict
compliance with the terms of this Agreement, and specifications covering the
services.
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D. CONTRACTOR agrees that County Administrator or his designated
representatives may visit CONTRACTOR'S facility (ies) periodically to conduct
random evaluations of services during CONTRACTOR'S normal business hours.
E. CONTRACTOR has, and shall maintain throughout the term of this Agreement,
appropriate licenses and approvals required to conduct its business, and will at
all times conduct its business activities in a reputable manner. Proof of such
licenses and approvals shall be submitted to COUNTY upon request.
Section 7. NOTICES
Any notice required or permitted under this agreement shall be in writing and hand
delivered or mailed, postage prepaid, to the other party by certified mail, returned
receipt requested, to the following:
To the COUNTY: Employee Services Director
1100 Simonton Street, Suite 2 -268
Key West, Florida 33040
To the CONTRACTOR: Evergreen Solutions
2878 Remington Green Circle
Tallahassee, Florida 32312
Section 8. RECORDS
CONTRACTOR shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Each party to this Agreement or their authorized
representatives shall have reasonable and timely access to such records of each other
party to this Agreement for public records purposes during the term of the agreement
and for five (5) years following the termination of this Agreement. If an auditor
employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR
pursuant to this Agreement were spent for purposes not authorized by this Agreement,
the CONTRACTOR shall repay the monies together with interest calculated pursuant to
Section 55.03 of the Florida Statutes, running from the date the monies were paid to
CONTRACTOR.
Section 9. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020-
1990
The CONTRACTOR warrants that it has not employed, retained or otherwise had act on
its behalf any former County officer or employee subject to the prohibition of Section 2
of Ordinance No. 010 -1990 or any County officer or employee in violation of Section 3
of Ordinance No. 020 -1990. For breach or violation of this provision the COUNTY may,
in its discretion, terminate this agreement without liability and may also, in its discretion,
deduct from the agreement or purchase price, or otherwise recover the full amount of
any fee, commission, percentage, gift, or consideration paid to the former County officer
or employee.
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Section 10. CONVICTED VENDOR
By signing this agreement, CONTRACTOR represents that the execution of this
Agreement will not violate the Public Entities Crime 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.
A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a Agreement with a public
entity for the construction or repair of a public building or public work, may not perform
work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under
Agreement with any public entity, and may not transact business with any public entity
in excess of the threshold amount provided in Section 287.017 of the Florida Statutes,
for the Category Two for a period of 36 months from the date of being placed on the
convicted vendor list.
Section 11. 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 Agreements made and to be performed entirely in the
State.
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR
agree that venue shall lie in the appropriate court or before the appropriate
administrative body in Monroe County, Florida.
Section 12. SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application
thereof to any circumstance or person) shall be declared invalid or unenforceable to any
extent by a court of competent jurisdiction, the remaining terms, covenants, conditions
and provisions of this Agreement, shall not be affected thereby; and each remaining
term, covenant, condition and provision of this Agreement shall be valid and shall be
enforceable to the fullest extent permitted by law unless the enforcement of the
remaining terms, covenants, conditions and provisions of this Agreement would prevent
the accomplishment of the original intent of this Agreement. The COUNTY and
CONTRACTOR agree to reform the Agreement to replace any stricken provision with a
valid provision that comes as close as possible to the intent of the stricken provision.
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Section 13. ATTORNEY'S FEES AND COSTS
The COUNTY and CONTRACTOR agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees, and court costs, as an award against the non - prevailing
party. Mediation proceedings initiated and conducted pursuant to this Agreement shall
be in accordance with the Florida Rules of Civil Procedure and usual and customary
procedures required by the Circuit Court of Monroe County.
Section 14. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure
to the benefit of the COUNTY and CONTRACTOR and their respective legal
representatives, successors, and assigns.
Section 15. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and
corporate action, as required by law.
Section 16. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONTRACTOR 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, 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 Agreement shall not be
subject to arbitration.
Section 17. 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 CONTRACTOR 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 CONTRACTOR specifically agree that no party to this Agreement shall
be required to enter into any arbitration proceedings related to this Agreement.
Section 18. NONDISCRIMINATION
COUNTY and CONTRACTOR 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
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terminates without any further action on the part of any party, effective the date of the
court order. COUNTY or CONTRACTOR agree to comply with all Federal and Florida
statutes, and all local ordinances, as applicable, relating to nondiscrimination. These
include but are not limited to: Title VII of the Civil Rights Act of 1964 (PL 88 -352) which
prohibits discrimination on the basis of race, color or national origin; Title IX of the
Education Amendment of 1972, as amended (20 USC ss. 1681 -1683, and 1685 - 1686),
which prohibits discrimination on the basis of sex; Section 504 of the Rehabilitation Act
of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; The Age Discrimination Act of 1975, as amended (42 USC ss. 6101 -6107)
which prohibits discrimination on the basis of age; The Drug Abuse Office and
Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the
basis of drug abuse; 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; The Public Health
Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee -3), as amended,
relating to confidentiality of alcohol and drug abuse patent records; Title VIII of the Civil
Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the
sale, rental or financing of housing; 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; Any other nondiscrimination provisions in any Federal or state
statutes which may apply to the parties to, or the subject matter of, this Agreement.
Section 19. COVENANT OF NO INTEREST
COUNTY and CONTRACTOR covenant that neither presently has any interest, and
shall not acquire any interest, which would conflict in any manner or degree with its
performance under this Agreement, and that only interest of each is to perform and
receive benefits as recited in this Agreement.
Section 20. CODE OF ETHICS
The parties understand that officers and employees of the COUNTY are required to
comply with the standards of conduct for public officers and employees as delineated in
Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or
acceptance of gifts; doing business with one's agency; unauthorized compensation;
misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
Section 21. NO SOLICITATION /PAYMENT
The COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither
employed nor retained any company or person, other than a bona fide employee
working solely for it, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual, or firm, other than a bona
fide employee working solely for it, any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this Agreement.
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For the breach or violation of the provision, the CONTRACTOR agrees that the
COUNTY shall have the right to terminate this Agreement without liability and, at its
discretion, to offset from monies owed, or otherwise recover, the full amount of such
fee, commission, percentage, gift, or consideration.
Section 22. PUBLIC ACCESS
The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and
inspection of, all documents, papers, letters or other materials in its possession or under
its control subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the COUNTY and CONTRACTOR in conjunction with this Agreement; and
the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of
this provision by CONTRACTOR.
Section 23. NON - WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
COUNTY and the CONTRACTOR 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 Agreement entered into by the COUNTY be required
to contain any provision for waiver.
Section 24. 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.
Section 25. LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non - Delegation of Constitutional or Statutory Duties. This Agreement is not intended to,
nor shall it be construed as, relieving any participating entity from any obligation or
responsibility imposed upon the entity by law except to the extent of actual and timely
performance thereof by any participating entity, in which case the performance may be
offered in satisfaction of the obligation or responsibility. Further, this Agreement is not
intended to, nor shall it be construed as, authorizing the delegation of the constitutional
or statutory duties of the COUNTY, except to the extent permitted by the Florida
constitution, state statute, and case law.
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Section 26. NON - RELIANCE 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 to enforce any third -party claim or entitlement to or
benefit of any service or program contemplated hereunder, and the COUNTY and the
CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent,
officer, or employee of either shall have the authority to inform, counsel, or otherwise
indicate that any particular individual or group of individuals, entity or entities, have
entitlements or benefits under this Agreement separate and apart, inferior to, or superior
to the community in general or for the purposes contemplated in this Agreement.
Section 27. ATTESTATIONS
CONTRACTOR agrees to execute such documents as the COUNTY may reasonably
require, including, but not being limited to, a Public Entity Crime Statement, an Ethics
Statement, and a Drug -Free Workplace Statement, Lobbying and Conflict of Interest
Clause, and Non - Collusion Agreement.
Section 28. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent or employee of Monroe County in his or her
individual capacity, and no member, officer, agent or employee of Monroe County shall
be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
Section 29. 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.
Section 30. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and it is agreed that such section headings are not a part of this
Agreement and will not be used in the interpretation of any provision of this Agreement.
Section 31. INSURANCE POLICIES
31.1 General Insurance Requirements for Other Contractors and
Subcontractors.
As a pre- requisite of the work governed, the CONTRACTOR shall obtain, at his /her own
expense, insurance as specified in any attached schedules, which are made part of this
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contract. The CONTRACTOR will ensure that the insurance obtained will extend
protection to all Subcontractors engaged by the CONTRACTOR. As an alternative, the
CONTRACTOR may require all Subcontractors to obtain insurance consistent with the
attached schedules; however CONTRACTOR is solely responsible to ensure that said
insurance is obtained and shall submit proof of insurance to COUNTY. Failure to
provide proof of insurance shall be grounds for termination of this Agreement.
The CONTRACTOR will not be permitted to commence work governed by this contract
until satisfactory evidence of the required insurance has been furnished to the COUNTY
as specified below. Delays in the commencement of work, resulting from the failure of
the CONTRACTOR to provide satisfactory evidence of the required insurance, shall not
extend deadlines specified in this contract and any penalties and failure to perform
assessments shall be imposed as if the work commenced on the specified date and
time, except for the CONTRACTOR's failure to provide satisfactory evidence.
The CONTRACTOR shall maintain the required insurance throughout the entire term of
this contract and any extensions specified in the attached schedules. Failure to comply
with this provision may result in the immediate suspension of all work until the required
insurance has been reinstated or replaced and /or termination of this Agreement and for
damages to the COUNTY. Delays in the completion of work resulting from the failure of
the CONTRACTOR to maintain the required insurance shall not extend deadlines
specified in this contract and any penalties and failure to perform assessments shall be
imposed as if the work had not been suspended, except for the CONTRACTOR's failure
to maintain the required insurance.
The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the
required insurance, either:
• Certificate of Insurance
or
• A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non - renewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior notification
is given to the County by the insurer.
The acceptance and /or approval of the Contractor's insurance shall not be construed as
relieving the Contractor from any liability or obligation assumed under this contract or imposed
by law.
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Workers' Compensation.
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31.2 Insurance Requirements For Contract Between County And Contractor
Prior to the commencement of work governed by this contract, the CONTRACTOR shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract
and include, as a minimum:
• Premises Operations
• Bodily Injury Liability
• Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$500,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$250,000 per Person
$500,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
31.3 Vehicle Liability Insurance requirements
Recognizing that the work governed by this contract requires the use of vehicles, the
CONTRACTOR, prior to the commencement of work, shall obtain Vehicle Liability Insurance.
Coverage shall be maintained throughout the life of the contract and include, as a minimum,
liability coverage for:
• Owned, Non - Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
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31.4 Workers' Compensation Insurance Requirements
Prior to commencement of work governed by this contract, the CONTRACTOR shall
obtain Workers' Compensation Insurance with limits sufficient to respond to the
applicable state statutes.
In addition, the CONTRACTOR shall obtain Employers' Liability Insurance with limits of
not less than:
$500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$500,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact
business in the state of Florida.
31.5 Professional Liability Requirements
Recognizing that the work governed by this contract involves the furnishing of advice or
services of a professional nature, the Contractor shall purchase and maintain,
throughout the life of the contract, Professional Liability Insurance which will respond to
damages resulting from any claim arising out of the performance of professional
services or any error or omission of the Contractor arising out of work governed by this
contract.
The minimum limits of liability shall be:
$500,000 per occurrence /$1,000,000 Aggregate
Section 32. INDEMNIFICATION
The CONTRACTOR does hereby consent and agree to indemnify and hold harmless
the COUNTY, its Mayor, the Board of County Commissioners, appointed Boards and
Commissions, Officers, and the Employees, and any other agents, individually and
collectively, from all fines, suits, claims, demands, actions, costs, obligations, attorney's
fees, or liability of any kind arising out of the sole negligent actions of the
CONTRACTOR or substantial and unnecessary delay caused by the willful
nonperformance of the CONTRACTOR and shall be solely responsible and answerable
for any and all accidents or injuries to persons or property arising out of its performance
of this contract. The amount and type of insurance coverage requirements set forth
hereunder shall in no way be construed as limiting the scope of indemnity set forth in
this paragraph. Further the CONTRACTOR agrees to defend and pay all legal costs
attendant to acts attributable to the sole negligent act of the
CONTRACTOR.
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At all times and for all purposes hereunder, the CONTRACTOR is an independent
contractor and not an employee of the Board of County Commissioners. No statement
contained in this agreement shall be construed so as to find the CONTRACTOR or any
of his /her employees, contractors, servants or agents to be employees of the Board of
County Commissioners for Monroe County. As an independent contractor the
CONTRACTOR shall provide independent, professional judgment and comply with all
federal, state, and local statutes, ordinances, rules and regulations applicable to the
services to be provided.
The CONTRACTOR shall be responsible for the completeness and accuracy of its
work, plan, supporting data, and other documents prepared or compiled under its
obligation for this project, and shall correct at its expense all significant errors or
omissions therein which may be disclosed. The cost of the work necessary to correct
those errors attributable to the CONTRACTOR and any damage incurred by the
COUNTY as a result of additional costs caused by such errors shall be chargeable to
the CONTRACTOR. This provision shall not apply to any maps, official records,
contracts, or other data that may be provided by the COUNTY or other public or semi-
public agencies.
The CONTRACTOR agrees that no charges or claims for damages shall be made by it
for any delays or hindrances attributable to the COUNTY during the progress of any
portion of the services specified in this contract. Such delays or hindrances, if any, shall
be compensated for by the COUNTY by an extension of time for a reasonable period for
the CONTRACTOR to complete the work schedule. Such an agreement shall be made
between the parties.
(CORPORA �I L)
ATTEST:'
By I
BOARD OF COUNTY COMMISSIONEF&
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b
Mayor /Chairman
o `_n
es hereto have caused these 'resents�b E4
ki 2013. = "
Evergreen Solutions, LLC
by Dr. Jeff Ling
Title: Executive Vice - President
MONROE COUNTY ATTORNEY
A 0OV D AS T
YNTHIA L. ALL
12 of 36 ASSIST N COUNTY AT
Date �-
EXHIBIT A
The detailed work plan that Evergreen Solutions proposes to use to provide the
Compensation and Classification Study Services to Monroe County is provided below.
Note: Evergreen understands that according to Addendum #3, this study will include
approximately 265 non -union employees in 178 classifications as well as 124 union
employees in 46 classifications who are represented by the Teamsters bargaining unit.
Our work plan is comprised of the following five phases and 14 tasks. We have
included a cost for each phase that upon completion of that phase will be billed to the
County.
Phase 1: Review and Update Job Descriptions ($25,000)
• Task 1: Project Initiation
• Task 2: Collect and Review Current Environment Data
• Task 3: Provide Revised Class Descriptions and FLSA
Determinations
Phase II: Place Jobs in Appropriate Classifications ($12,000)
• Task 4: Evaluate and Build Projected Classification Plan
Phase III: Establish Pay Ranges for each Classification ($30,000)
• Task 5: Evaluate the Current System
• Task 6: Develop Compensation Philosophy
• Task 7: Identify Market Survey Benchmarks
• Task 8: Identify Approved List of Survey Targets
• Task 9: Conduct Market Salary Survey and Provide External
Assessment Summary
• Task 10: Conduct Market Benefits Survey
• Task 11: Develop Strategic Positioning Recommendations
• Task 12: Conduct Solution Analysis
Phase IV: Place Employees within the Appropriate Pay Range ($5,000)
• Task 13: Develop Recommendations for Compensation
Administration
Phase V: Make Recommended Improvements /Alternatives to County's Existing
Classification and Compensation Structure ($10,000)
• Task 14: Develop and Submit Draft and Final Reports
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I — REVIEW AND UPDATE JOB DESCRIPTIONS
Task 1.0 TASK GOALS
Project Kick Off
• Finalize the project plan with Monroe County (County).
• Gather all pertinent data.
• Finalize any remaining contractual negotiations.
• Establish an agreeable final time line for all project
milestones and deliverables.
TASK ACTIVITIES
1.1 Meet with the designated County Project Manager
(CPM) to discuss the following objectives:
• understand the County's mission and current
compensation philosophy (if any);
• review our proposed methodology, approach, and
project work plan to identify any necessary revisions;
• reach agreement on a schedule for the project
including all assignments and project
milestones/deliverables; and
• establish an agreeable communication schedule.
1.2 Identify potential challenges and opportunities for the
study. Discuss the strategic direction of the County and
some of the short- and long-term priorities. This
activity serves as the basis for assessing where the
organization is going and what type of pay plan will
reinforce current and future goals.
1.3 Obtain relevant materials, including:
• any previous projects, research, evaluations, or
other studies that may be relevant to this project;
• organizational charts for the departments and
divisions, along with related responsibility
descriptions;
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• current position and classification descriptions,
salary schedule(s), and classification system;
• strategic business plans, budgets, and performance
evaluation forms; and
• personnel policies and procedures, and the step
placement policies.
1.4 Review and edit the project work plan and submit a
schedule for the completion of each project task.
KEY PROJECT MILESTONES
• Comprehensive project management plan
• Comprehensive database of County employees
Task 2.0
Collect and Review
Current
Environment Data
TASK GOAL
• Conduct statistical and anecdotal research into the
current environment within Monroe County.
• Guide subsequent analytical tasks.
TASK ACTIVITIES
2.1 Schedule and conduct employee orientation sessions.
2.2 Meet with department heads and /or division level
directors to obtain relevant information and
statistical /anecdotal data on specific compensation
issues and policies. Obtain insight into perceived
current compensation system strengths and
weaknesses.
2.3 Hold focus groups with a sample of employees to
obtain additional relevant information and
statistical /anecdotal data on specific compensation
issues and policies.
2.4 Work with the CPM to administer the JATs and MITs.
Our staff utilizes a web -based tool for data collection,
but we can provide paper copies as well as those for
classifications without computers or Internet access.
We will seek approval from the CPM before
distribution of the JAT /MIT questionnaire.
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2.5 Review any data provided by the County that may
provide additional relevant insight.
2.6 Review internal career ladders and make preliminary
recommendations to keep positions competitive.
KEY PROJECT MILESTONES
JAT and MIT distribution
• Department head and /or division level director
interviews
• Employee focus groups and employee orientation
sessions
Task 3.0
Provide Revised
Class Descriptions
and FLSA
Determinations
TASK GOALS
• Update existing class descriptions.
• Create new class descriptions as needed, ensuring
FLSA, EEO /ADA requirement satisfaction.
• Provide final version of all class
descriptions /specifications in electronic format (i.e., MS
Word) after approval by the CPM.
TASK ACTIVITIES
3.1 Assess current class descriptions for form, content,
validity, and ADA compliance.
3.2 Discuss new class description format with the CPM.
3.3 Revise classification descriptions based on data
gathered from the JAT process.
3.4 Create new class descriptions for new classifications,
as needed. Provide complete listing of the allocation of
job classes to salary range assignments.
3.5 Make FLSA determinations based on work performed
and federal requirements.
3.6 Recommend a systematic, regular process for
reviewing job descriptions.
16 of 36
KEY PROJECT MILESTONES
• Updated class descriptions
• New class descriptions as needed
II — PLACE JOBS IN APPROPRIATE CLASSIFICATIONS
Task 4.0 TASK GOALS
Evaluate and Build
Projected • Identify the classification of existing positions utilizing
Classification Plan Evergreen's job evaluation system.
• Review JAT responses.
• Characterize internal equity relationships within Monroe
County.
TASK ACTIVITIES
4.1 Review all draft class specifications with the CPM.
4.2 Review the work performed by each classification and
score. Review includes evaluation of supervisory
comments.
4.3 Review JAT scores and identify the classification of
positions.
4.4 Schedule and conduct additional follow up with
employees for jobs where uncertainty exists over data
obtained from the JATs.
4.5 Develop preliminary recommendations for the
classification structure. The classification system
designed at this point would be based solely on internal
equity relationships and would be guided by the JAT
scores for each classification. Essentially, a structure of
classifications would be established, and classifications
with similar scoring would be grouped into pay grades.
Spacing between jobs would be determined, and each
classification would be assigned to a pay grade. Final
decision on the minimums and maximums of the pay
grades would be determined after the market data has
been collected.
17 of 36
4.6 Review recommendations with the CPM.
4.7 Discuss questions and categories for the market survey.
KEY PROJECT MILESTONES
• JAT scores by class
• Recommended classification changes
• Preliminary job structure based on internal equity
III — ESTABLISH PAY RANGES FOR EACH CLASSIFICATION
Task 5.0 TASK GOAL
Evaluate the
Current System • Conduct a comprehensive preliminary evaluation of
the County's existing compensation plan.
TASK ACTIVITIES
5.1 Obtain the existing pay structure and classification and
compensation philosophy. Review the existing pay
structure and look for potential problems to be resolved.
5.2 Determine the strengths and weaknesses of the current
pay plan(s) and the methods used in determining
individual pay for hires, demotions, promotions,
methods of progression through pay ranges, etc.
5.3 Complete an assessment of current conditions that
details the pros and cons of the current system as well
as highlights areas for potential improvement in the
final adopted solution.
KEY PROJECT MILESTONES
• Review of existing compensation plan(s)
• Assessment of current conditions
Task 6.0 TASK GOAL
Develop
Compensation • Facilitate the development of the County's initial
Philosophy compensation philosophy.
18 of 36
TASK ACTIVITIES
6.1 Conduct a thorough review of all background materials
related to the County's compensation system.
6.2 Review information from department head interviews.
6.3 Review results of previous steps with the CPM and
present various options for compensation philosophy
components. Coordinate this meeting with the CPM.
6.4 Develop initial compensation philosophy based on input
from previous steps.
KEY PROJECT MILESTONE
• Initial compensation philosophy
Task 7.0 TASK GOAL
Identify List of
Market Survey Identify the proper benchmark positions for the
Benchmarks external labor market assessment to reach an
appropriate number.
TASK ACTIVITIES
7.1 Conduct a thorough review of all materials to date,
including employee database, classification listing,
interviews, compensation review, and meetings with
CPM.
7.2 Identify, from the initial review, a list of classifications
(benchmarks) to include in the labor market survey.
7.3 Submit the proposed list of positions to the CPM for
review.
7.4 Based on CPM review, make revisions to the
benchmark list and finalize consistent with Evergreen
Solutions analysis.
KEY PROJECT MILESTONES
• Preliminary list of benchmark classifications
• Final list of benchmark positions for the external labor
market assessment
19 of 36
Task 8.0
TASK GOAL
Identify Approved
List of Survey
Identify and develop a comprehensive list of targets for
Targets
conducting a successful external labor market
assessment.
TASK ACTIVITIES
8.1 For each employee group, review with the CPM peer
organizations that must be included in the survey.
8.2 Develop a preliminary list of organizations for the
external labor market survey, placing a comparative
emphasis on characteristics such as:
• size of the organization;
• geographic proximity to Monroe County;
• economic and budget characteristics; and
• other demographic data.
8.3 Develop a list of survey targets by employee group.
Develop a system for use of secondary data including
potential sources and weighting of secondary data, if
necessary.
8.4 Review survey methodology with CPM and refine
survey methodology prior to distribution of survey.
8.5 After approval of survey methodology, develop contact
list of peer organizations and notify peers of
impending survey.
KEY PROJECT MILESTONES
• Initial list of survey peers
• Survey methodology
• Final list of survey organizations and contacts
Task 9.0
TASK GOALS
Conduct Market
Survey and
• Conduct the external labor market salary survey.
Provide External
Assessment
• Provide a summary of the survey results to the CPM for
Summary
review.
(Concurrent with
Task 10.0)
20 of 36
TASK ACTIVITIES
9.1 Prepare a customized external labor market salary
survey for the CPM's approval.
9.2 Contact the targets for electronic completion of the
survey. Provide paper copies by fax, if requested.
9.3 Conduct necessary follow -up through e- mails, faxes,
and phone calls.
9.4 Collect and enter survey results into Evergreen
Solutions electronic data analysis tools.
9.5 Validate all data submitted.
9.6 Develop summary report of external labor market
assessment results.
9.7 Submit summary report of external labor market
assessment results to CPM.
KEY PROJECT MILESTONES
• Market survey instrument
• Summary report of external labor market assessment
results
Task 10.0
Conduct Market
Benefits Survey
(Concurrent with
Task 9.0)
TASK GOALS
• Conduct an external labor market benefits survey.
• Provide a summary of the survey results to the CPM for
review.
TASK ACTIVITIES
10.1 Develop a listing of the benefits provided by the County
and review current benefits (including but not limited to
health insurance, vacation, sick leave, holiday, and
leave policies, educational benefits, and years of
service awards) as compared to competitive employers.
10.2 Using the list of County provided benefits and major
benefits offerings not provided by the County to
develop a list of benefits to include in the external labor
market survey.
21 of 36
10.3 Develop benefits survey to be included with salary
survey developed in Task 9.0.
10.4 Conduct a survey of benefits in use by competitive
employers, to include both private and public
employers, and make recommendations regarding the
benefits which the County might competitively employ
in its market.
10.5 Submit benefits survey to CPM for review.
10.6 Revise benefits survey, as needed.
10.7 Distribute benefits survey in conjunction with salary
survey.
10.8 Develop and submit summary report of external labor
market benefits results to CPM. Report will include
recommendations regarding how long employees
should work before receiving benefits.
KEY PROJECT MILESTONES
• Catalogue of existing County benefits
• Benefits survey instrument
Summary report of external labor market benefits
results
Task 11.0
Develop Strategic
Positioning
Recommendations
TASK GOALS
• Assess the appropriateness of the County's current
compensation philosophy.
• Plan for all employees, providing issue areas and
preliminary recommendations for strategic
improvement.
TASK ACTIVITIES
11.1 Identify the accepted compensation philosophy and
accompanying thresholds.
11.2 Using the market salary and benefits data collected in
Tasks 9 and 10 and the classification data reviewed in
Task 4, determine the proper pay plan including
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number of grades, steps, and ranges.
Task 12.0
Conduct Solution
Analysis
11.3 Identify highly competitive positions within the County
and customize recommendations for compensation
where required.
11.4 Produce a pay plan(s) that best meets the needs of the
County from an internal equity and external equity
standpoint.
KEY PROJECT MILESTONES
• Proposed compensation strategic direction, taking into
account internal and external equity
• Plan for addressing unique, highly competitive positions
TASK GOALS
• Conduct analysis comparing JAT values.
• Survey results for the benchmark positions.
• Produce several possible solutions for implementation.
TASK ACTIVITIES
12.1 Conduct regression analysis or other appropriate
techniques to properly slot each classification into the
proposed pay plan.
12.2 Place all classifications into pay grades based on Task
Activity 12.1. Sort alphabetically by job class title, in
descending order by range, and by old class title and
new class specifications.
12.3 Create implementation solutions for consideration that
take into account the current position of the
organization as well as the findings from the
classification and compensation analysis. Identify and
prepare a range of compensation policy alternatives.
12.4 Meet with the CPM to discuss the potential solutions.
12.5 Determine the best solution to meet the County's needs
in the short-term and long -term.
23 of 36
12.6 Document the accepted solution.
KEY PROJECT MILESTONES
• Initial regression analysis
• Potential solutions
• Documented final solution
IV— PLACE EMPLOYEES WITHIN THE APPROPRIATE PAY RANGE
Task 13.0 TASK GOAL
Develop
Recommendations • Develop recommendations for the continued
for Compensation administration by County staff to sustain the
Administration recommended compensation and classification
structure.
TASK ACTIVITIES
13.1 Develop recommendations and guidelines for the
continued administration and maintenance of the
classification and compensation structure, including
recommendations and guidelines related to:
• how employees will move through the pay
structure/system as a result of transfers,
promotions, or demotions;
• how to pay employees whose base pay has
reached the maximum of their pay range or value of
their position;
• how to adjust compensation of employees within
each proposed classification based on education,
experience of the employee directly related to the
position.
• the proper mix of pay and benefits;
• how often to adjust pay scales and survey the
market;
24 of 36
• the timing of implementation; and
• how to keep the system fair and competitive over
time.
13.2 Recommend recruitment/retention strategies, where
appropriate.
13.3 Present recommendations to the CPM for review.
KEY PROJECT MILESTONES
• Recommendations for compensation administration
• Recommendations for recruitment/retention policies
V— MAKE RECOMMENDED IMPROVEMENTS/ALTERNATIVES TO COUNTY'S
EXISTING CLASSIFICATION AND COMPENSATION STRUCTURE
Task 14.0 TASK GOALS
Develop and
Submit Draft and • Develop and submit a draft and final report of the
Final Reports Compensation and Classification Study Services to
Monroe County.
• Deliver a presentation to the County.
• Provide training to the County.
• Provide consultation at no cost to the Countyup for to
one year following project completion.
TASK ACTIVITIES
14.1 Produce a comprehensive draft report that captures the
results of each previous step. Provide the draft report
to the CPM for review. The report will include any
detailed costs associated with the implementation of any
recommended changes resulting from this study.
14.2 Submit the comprehensive draft report to the CPM.
14.3 Make edits and submit necessary copies of the final
25 of 36
report.
14.4 Deliver a formal presentation of the final report to senior
staff and County Commissioners, as needed.
14.5 Develop a communication plan for sharing study results
with employees
14.6 Develop implementation database to communicate the
process and progress of this project to the CPM and
any other employee or groups designated by the CPM.
14.7 Develop a plan for maintaining recommendations over
time.
14.8 Train in -house staff on sustaining the recommended
classification /compensation system.
14.9 Provide consultation by phone at no cost to the County
for a period of 12 months after project completion to
ensure that all aspects of the study results,
recommendations, and implementation plan are clear
and maintainable.
KEY PROJECT MILESTONES
• Draft and final reports
• Final presentation
• Communication plan
• Implementation and Maintenance database
• Training
• Consultation
26 of 36
RESPONSE FORM
RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Purchasing Department
GATO BUILDING, ROOM 2 -213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
I acknowledge receipt of Addenda No.(s)
I have included:
• Response Form
• Lobbying and Conflict of Interest Clause
C
• Non - Collusion Affidavit
C
• Drug Free Workplace Form
Cj
• Public Entity Crime Statement
• Monroe County occupational license and relevant
City occupational licenses are required to be
obtained within ten days of award of the contract
Local Preference Form (if applicable)
�•
V I h inc uded�`�cult copy of the fin�9prof �s�'4 gal nd occupational licenses:
v yet 0 opy of � ,�I�1C.L1/ D t' � \
If the applicant is not an individual (sole proprietor), please supply the following information:
APPLICANT ORGANIZATION: !L (_�61lJLt44,5, 1.
(Registered business name must appear exactly it appears on www.su iz.ore
Any applicant other than an individual (sole proprietor) must submit a printout of the "Detail by
Entity Name" screen from Sunbiz, and a copy of the most recent annual report filed with the
Florida Department of State, Division of Corporations. �r
M ' ' g Address: a` �� Y1��1 tLUllvYl�r�Q��� -Tel ephone: r � 3
( e Ti��_IZF'Iax:
Signed:
9 2. A li
STATE OF:
COUNTY O
Subscribed worn
(date) by . 1
to me or has produced
identification.
J~I-IWE BARNES
NOTARY PUBLIC
STATE OF FLORIDA
Comm EE ION
Expires 10/23/2015
ed) before me on � / �—
(ame of affiant _H he i per nally known
(type i en i ica
N T RY PUBLIC
C mission Expires: f__
27 of 36
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010 -1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
(Company)
"...warrants that he /it has not employed, retained or otherwise had act on his /her behalf
any former County officer or employee in violation of Section 2 of Ordinance No. 010-
1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-
1990. For breach or violation of this provision the County may, in its discretion,
terminate this Agreement without liability and may also, in its discretion, deduct from the
Agreement or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or
employee."
STATE OF: - Fib-( 4o,
COUNTY OF: 1. e01"
Subscribed and sworn to (or affirmed) before me on i I
(date) by j) (name of affiant He She is
t
personally know o me or has produced
t ype of identification) as identification
t JASWBLIW $ G i S
NOTARYPUSLIC NOTARY PUBLIC
STATE OF FLORIDA My Commission Expires: l
Comm# EE118M
Expires 10/23/2015
28 of 36
'�� P NON - COLLUSION AFFIDAVIT
� I, - `Jr � of the city of J �.t� according to
law on my oath, and under penalty of perjury, depose and say that
1. I am - e Uk+IAgV �i I of the firm
of o the bidder
ma ' g the Propbsal for th rojec deschbe in the Request for Proposals
for and that I executed
osal with f I authority to do so;
the sai Tro
2. The prices in this bid have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting
competition, as to any matter relating to such prices with any other bidder or
with any competitor;
t 3. Unless otherwise required by law, the prices which have been quoted in this
bid have not been knowingly disclosed by the bidder and will not knowingly
be disclosed by the bidder prior to bid opening, directly or indirectly, to any
other bidder or to any competitor; and
4. No attempt has been made or will be made by the bidder to induce any
other person, partnership or corporation to submit, or not to submit, a bid for
the purpose of restricting competition;
5. The statements contained in this affidavit are true and correct, and made
with full knowledge that Monroe County relies upon the truth of the
statements contained in this affidavit in awardi contract r said roject.
ure
STATE OF: Date:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on 1 S
i
date b
(date) Y (name of affiant){ H She is personally
nown to me or h s produced (type of identification)
as identification.
-s
JAGWELINE BARNES NOTARY PUBLIC
NOTARY PUBLIC .---
STATE OF FLORIDA My Commission Expires:
Comm# EEI ISM
Expires 10/23/2015
29 of 36
DRUG -FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies
that: .— .
- VV t/
(Name of Busi
1. Publishes a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is
prohibited in the workplace and specifying the actions that will be taken against
employees for violations of such prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the
business' policy of maintaining a drug -free workplace, any available drug
counseling, rehabilitation, and employee assistance programs, and the penalties
that may be imposed upon employees for drug abuse violations.
3. Gives each employee engaged in providing the commodities or contractual
services that are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notifies the employees that, as a
condition of working on the commodities or contractual services that are under
bid, the employee will abide by the terms of the statement and will notify the
employer of any conviction of, or plea of guilty or nolo contenderre to, any
violation of Chapter 893 (Florida Statutes) or of any controlled substance law of
the United States or any state, for a violation occurring in the workplace no later
than five (5) days after such conviction.
5. Imposes a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's
community, or any employee who is so convicted.
6. Makes a good faith effort to continue to maintain a drug -free workplace through
implementation of this section.
As the person authorized to sign the statement, I ce
the above requirements.
STATE OF: R b lr
COUNTY OF:
Subscribed and sworn to (or @ffirmed) before me on
1?a " ( name of affiant).
produced (type Aidentifi
JACQUELINN BARN`i
NOTARY PUNLIC
STATE OF FLORIDA
. Comm# EE118W
Expires 10/2=15
My Commission Expires:
30 of 36
complies fully with
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit
bids on leases of real property to public entity, may not be awarded or perform work as
a contractor, supplier, subcontractor, or CONTRACTOR 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, Florida Statutes, for CATEGORY TWO
for a period of 36 months from the date of being placed on the convicted vendor list."
I have read the above and state that neither Y�:O� (Proposer's
name) nor any Affiliate has been placed on the convic vendor list within the last 36
months.
STATE OF: iJ
COUNTY OF:
Subscribed and sworn to (or affirmdd) before mG .,o I -
(date) by `9 (name of affiant) e/ e i personally
known to me or has produced
(type of identification) as identification.
4kWLINE BARNES
NOTARY PUBLIC
STATE OF FLORIDA
CwwW EE118658
Expires 1042312015
NOTARY PUBLIC
y C e mission Expires: 10 2 j
31 of 36
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION MANUAL
Indemnification and Hold Harmless
For
Other Contractors and Subcontractors
The Contractor covenants and agrees to indemnify and hold harmless Monroe County
Board of County Commissioners from any and all claims for bodily injury (including
death), personal injury, and property damage (including property owned by Monroe
County) and any other losses, damages, and expenses (including attorney's fees) which
arise out of, in connection with, or by reason of services provided by the Contractor or
any of its Subcontractor(s) in any tier, occasioned by negligence, errors, or other
wrongful act of omission of the Contractor or its Subcontractors in any tier, their
employees, or agents.
In the event the completion of the project (to include the work of others) is delayed or
suspended as a result of the Contractor's failure to purchase or maintain the required
insurance, the Contractor shall indemnify the County from any and all increased
expenses resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is 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.
32 of 36
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR CONTRACT BETWEEN
MONROE COUNTY, FLORIDA
AND
EVERGREEN SOLUTIONS, LLC
Prior to the commencement of work governed by this contract, the Contractor shall
obtain Workers' Compensation Insurance with limits sufficient to respond to the
applicable state statutes.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not
less than:
$500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$500,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact
business in the state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an
authorized self- insurer, the County shall recognize and honor the Contractor's status.
The Contractor may be required to submit a Letter of Authorization issued by the
Department of Labor and a Certificate of Insurance, providing details on the
Contractor's Excess Insurance Program.
If the Contractor participates in a self- insurance fund, a Certificate of Insurance will be
required. In addition, the Contractor may be required to submit updated financial
statements from the fund upon request from the County.
33 of 36
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR CONTRACT BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall
obtain General Liability Insurance. Coverage shall be maintained throughout the life of
the contract and include, as a minimum:
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability
• Personal Injury Liability
• Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$500,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$250,000 per Person
$500,000 per Occurrence
$50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made
policy, its provisions should include coverage for claims filed on or after the effective
date of this contract. In addition, the period for which claims may be reported should
extend for a minimum of twelve (12) months following the acceptance of work by the
County.
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
34 of 36
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR CONTRACT BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehicles, the
Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance.
Coverage shall be maintained throughout the life of the contract and include, as a
minimum, liability coverage for:
• Owned, Non - Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$50,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
35 of 36
PROFESSIONAL LIABILITY
INSURANCE REQUIREMENTS
FOR CONTRACT BETWEEN
MONROE COUNTY, FLORIDA
AND
EVERGREEN SOLUTIONS, LLC
Recognizing that the work governed by this contract involves the furnishing of advice or
services of a professional nature, the Contractor, shall purchase and maintain,
throughout the life of the contract, Professional Liability Insurance which will respond to
damages resulting from any claim arising out of the performance of professional
services or any error or omission of the Contractor arising out of work governed by this
contract.
The minimum limits of liability shall be:
$500,000 per occurrence /$1,000,000 aggregate
36 of 36
State of Florida
Department of State
I certify from the records of this office that EVERGREEN SOLUTIONS, LLC,
is a limited liability company organized under the laws of the State of Florida,
filed on October 8, 2004.
The document number of this company is L04000073478.
I further certify that said company has paid all fees due this office through
December 31, 2013, that its most recent annual report was filed on January 7,
2013, and its status is active.
Given under my hand and the
Great Seal of the State of Florida
at Tallahassee, the Capital, this
the Fifteenth day of July, 2013
V^
Secretary ofStnte
Authentication ID: CU6343162691
To authenticate this certificate,visit the following site,enter this
ID, and then follow the instructions displayed.
https://eflie.sunbiz.org/certauthver.htmi
EVERG -5 OP ID: CS
k.-- ' CERTIFICATE OF LIABILITY INSURANCE
` —�'''�
°"�` "� `
081291'1013
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 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 ca. ti to 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
certificate holder in lieu of such endorssme s .
PRODUCER Phone: 850-W6-1111
Rogers, Gunter, Vaughn Fax: 8s0- 385 -8827
Insurance, Inc.
1117 Thomasville Rd.
CONTACT
NAME:
°
No
94ML
Tallahassee, FL 32303
B:
NISU AFFORDING COVERAGE
NAIC 0
James D. Duncan, CPCU
INBURERA:Zurich US
19305
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO LOC
BNBURED Evergreen Solutions LLC
Dr Linda Recio
2878 Remington Green Circle
INSURER B : Maryland Casualt
eNauceRC:The Hartford
22357
INSURERD:
Tallahassee, FL 32308
BISURER E
11T12013
OSM712014
I F:
1,000,00
BODILY INJURY (Per pemon)
COVERAGES CERTIFICATE NUMBER: REVLSION 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.
LAY
B
TYPE OF MsURANCE
GENERAL LIABILITY
X COMMERCIAL GENERAL L OLRY
CWMS MADE X� OCCUR
IwL
X
LILY NUMBER
PAS0025=136
U
`
1
08! 13
r(
1 /
08/17/2014
LIMITS
EACH OCCURRENCE
s 1,000,00
PAM RENrED
$ 1,000,00
MED EXP ( one Peron
s 10,
PERSONAL A ADV INJURY
$ EXCI
GENERAL AGGREGATE
S 2,000,
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO LOC
PRODUCTS - COMPIOP AGO
$ 2,000,00
$
B
AUTOMOBILE LIABILITY
ANYAvrO
ALL ^" AUTOS S SCHEDULED
X HIRED AUTOS X AUTOS
PAS002559330
11T12013
OSM712014
C0MM4E (EamacWa
1,000,00
BODILY INJURY (Per pemon)
S
BODILY INJURY (Per w4ki M)
$
ar
s
E
B
X
UMBRELLA LIAB
EXCESS LIAB
X OCCUR
CLAIMS -MADE
I PAM2W9336
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08/17/2014
EACH OCCURRENCE
S 1,000,09
AGGREGATE
$ 1
DED I X I RemwnoNs 10,000
Is
A
WORIMS COMPENSATION
AND EMPLOYER,' LIANUTY
MYPROPRIET Y�
OFFICERAIEMBER EXCLUDED?
(NIN dMory In NH)
DESCRIPTION O� OPERATIONS bebw
N!A
002675207
I
10/2412012
10/24/2013
X WC STATU OTYi-
E.L. EACH ACCIDENT $ 500,09
E.L. DISEASE - EA EMPLO
s 500,
E.L. DISEASE - POLICY LIMIT I
s 500,
C JErrors
b
Ommission$
COPGO256846
08117/2013
0&(1712014
Ea Claim 1
Aggregate 1,000,0
DESCRiT10N OF OPERATIONS! LOCATIONS! VEHICLES (AMech ACORD 101, McIl lonN Remarks Schedule, N m spree M requk*0
Monroe County
1100 Simonton Street
Key West, FL 33040
MUNRKEY
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELNERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUMRUM REPRESMTATIVE
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