08/17/2016 Agreement" J"X
AMY REAVILIN, CPA
CLERK OF CIRCUIT COURT &COMPTROLLER
MognoE couMr, FLORIDA
DATE: September 8, 2016
TO: Theresa Aguiar
Division Director of Employee Services
FROM: Cheryl Robertson Executive Aide to the Clerk of Court & Comptroller G%?-
At the August 17, 2016 Board of County Commissioner's meeting the Board granted approval and
authorized execution of Item C2 Approval of Agreement with Evergreen Solutions, LLC in the amount
of $19,500 plus $3000 per in person meeting, to conduct a minimum living wage analysis of
$31,200/$15.00 an hour which will include determination of issues that may arise with supervisory
duties or compression of positions; what needs to be done to fix those issues; cost for County
implementation with variable options; and publication of analysis.
Enclosed is a duplicate original of the above -mentioned for your handling. Should you have any
questions, please feel free to contact our office.
cc: County Attorney
Finance
File V,/
500 Whitehead Street Suite 101, PO Box 1980, Key West FL 33040 Phone: 305-295-3130 Fax: 305-295-3663
3117Overseas 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
Living Wage Implementation
SERVICES , 11 1)
THIS AGREEMENT ("Agreement") is made and entered into this h day of August, 2016, by
and between 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.
WHEREAS, on July 18, 2016, the Board of County Commissioners authorized staff to engage
the services of the Contractor in order to implement a minimum Living Wage for Monroe County
employees of $15.00 per hour ($31,200 per year based on a 40 hour work week); and
WHEREAS, the Contractor represents that it is capable of performing the services;
NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties
agree to the amended agreement as follows:
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. The scope of
services shall include a determination of issues that may arise with supervisory duties or
compression of positions; recommendations to fix those issues; cost impact for implementation
with variable options; and publication of analysis.
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.
Section 3. TERM OF AGREEMENT
3.1 Except as noted below, this Agreement shall begin on the date first above written ("Effective
Date"), and shall conclude with the delivery of the final deliverable outlined in Section 1 of this
Agreement. Evergreen shall complete all work within sixty 60 days of the Effective Date.
Section 4. PAYMENT TO CONTRACTOR
4.1 The flat fee for the services described in Exhibit A to this Agreement will be Nineteen
thousand -five hundred dollars ($19,500.00). In addition, attendance at in -person meetings
will be charged at three thousand dollars ($3,000.00) per meeting, up to a maximum of four
(4) in -person meetings with staff and three (3) BOCC meetings. The above -quoted fees will
be all-inclusive, and there will be no additional costs or expenses, including but not limited to
travel expenses.
4.2 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.
4.3 This Agreement 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 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
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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.
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 St., Suite 2-268
Key West, FL 33040
To the Evergreen Solutions, LLC
Contractor: 2878 Remington Green Circle
Tallahassee, FL 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.
ACCESS AND AUDITS: Pursuant to F.S. 119.0701, Contractor and its subcontractors shall
comply with all public records laws of the State of Florida, including but not limited to:
a. Keep and maintain public records required by Monroe County in order to perform the
service.
b. Upon request from the public agency's custodian of public records, provide the public
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agency with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in Florida Statutes,
Chapter 119 or as otherwise provided by law.
c. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the contractor does not transfer the
records to the public agency.
d. Upon completion of the contract, transfer, at no cost, to Monroe County all public records in
possession of the contractor or keep and maintain public records required by the public agency
to perform the service. If the contractor transfers all public records to the public agency upon
completion of the contract, the contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the contractor
keeps and maintains public records upon completion of the contract, the contractor shall meet all
applicable requirements for retaining public records. All records stored electronically must be
provided to Monroe County, upon request from the public agency's custodian of records, in a
format that is compatible with the information technology systems of Monroe County.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-
3470, brad ley-brian _monroecounty-fl.gov, c/o Monroe County Attorney's Office,
1111 12t' St., Suite 408, Key West FL 33040.
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.
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
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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 prov1 s1 on 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.
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 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
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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.
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
II
Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor
shall it be construed as, relieving any participating entity from any obligation or responsibility
imposed upon the entity by law except to the extent of actual and timely performance thereof by
any participating entity, in which case the performance may be offered in satisfaction of the
obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed
as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to
the extent permitted by the Florida constitution, state statute, and case law.
Section 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
regarded as an original, all of which taken together
instrument and any of the parties hereto may execute
counterpart.
Section 30. SECTION HEADINGS
counterparts, each of which shall be
shall constitute one and the same
this Agreement by signing any such
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
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.
31.2 Insurance Requirements For Contract Between County And Contractor
0
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
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.
31.4 Workers' Compensation Insurance Requirements
10
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.
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.
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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.
IN WITNESS WHER F, the parties hereto have caused these presents to be executed on
this _a day of 2016.
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BOARD OF COUNTY COMMISSIONERS
OF MONROE C.00S17 , LQRROA.-
By:
Mayor/Cha' on
Eveygr en Soluti ns, L
By:
Title:
MONROE COUNTY ATTORNEY
PRO ED A T F M:
CYNTHIA L. HALL
ASSIS ANT C,qUNTY �}T,TORNEY
Date 8�'' �'
12
EXHIBIT A
The scope of services below outlines the tasks and task activities to successfully accomplish the work that
Evergreen Solutions will perform to provide the Minimum Living Wage analysis and recommendations to
Monroe County. To implement a minimum Living Wage of $31,200 year/$15.00 an hour will include
determination of issues that may arise with supervisor duties or compression of positions; what needs to
be done to fix those issues; cost for County implementation with variable options; and publication of analysis.
1. Conduct Project Kickoff and Onsite Meetings
• Conduct Project Kickoff
• Collect current pay plans and employee data from the County
• Identify any changes to the plans since the completion of our previous study
• Request any needed supplemental information
• Identify dates for onsite meetings
• Attend onsite meetings, as needed
2. Redesign Current Pay Plan to Account for the Living Wage
• Review the current pay plan
• Determine the best method of establishing the living wage "floor"
• Design new pay plan
• Estimate the cost of implementation
• Submit the cost to the County's Project Manager
3. Test for Compression based on Changes in the Minimums
• Analyze the proposed pay plan slotting for compression
• Identify methods for addressing compression
• Estimate cost of each approach
• Recommend best approach
• Submit the approach and cost to the County's Project Manager
4. Estimate Cost of Different Options for Implementation
• Model several methods of implementation
• Submit the models to the County's Project Manager
5. Summarize Results
• Assemble a short report summarizing the results and recommendations
• Submit the draft report to the County's Project Manager
• Receive edits to the draft report
• Revise and submit the final report to the County
• Present the final report at a BOCC meeting, if requested
2013 tdRion
MONROE COUNTY, FLORIDA
Request For Waiver
of
Insurance Requirements
It is requested that the insurance requirements, as specified in the county's Schedule of Insurance Requirements, be
waived or ntodif"ied on the following contract.
Contractor:V:
Contract for:
Address of Contractor:
Phone: CBSb3g
we,
Scope of Work. ___.._ 4'm?-o't
Reason for Waiver - 'a dll 0
or Modification. �tNb� 10
Policies or Coverages
Waiver will apply to:
S ionature or Contractor:
Approved '__�prove
Risk ivlanagementt./�j4-�".�°�
fo
Date:
County Administrator appeal:
Approved: Not Approved:
Date:
Hoard of County Commissioners appeal:
Approved: Not Approved:
meeting Date: �.__...
Administrati%e Instruction 7500 5 113
EVERSOL-01 MILLINGTON
DATE (MMIDDIYYYY)
y CERTIFICATE OF LIABILITY INSURANCE F8/222016
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
Y AMEND,
ND OR ALTER THE
BELOW CERTIFICATE THIS CERTIFICATE F CATEFOFNATIVELY OR INSURANCE DOESNIOTLCONST CONSTITUTE COVERAGE
CONTRACT BETWEEN THE SSUING 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 lieu of such endorsement(s). __ ---
---- rnNree7
PRODUCER
Rogers, Gunter, Vaughn Insurance, Inc.
1117 Thomasville Road
Tallahassee, FL 32303
INSURED
386-1111
INSURERS) AFFORDING COVERAGE
INSURER A. MAPFRE Insurance __ _—
. o . Foremost Insurance
385-9827
i NAIC k
134932
Evergreen Solutions LLC INSURER C : I--------- - -�
Dr Linda Recio INSURER oD:
2878 Remington Green Cir
Tallahassee, FL 32308 INSURER E: --
I INSURER 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. _
AD6LISUBR f I POLICY EFF POLICY EXP
AR TYPE OF INSURANCE
X COMMERCIAL GENERAL LIABILITY _- } POLICY �MMIDDIYYYY�_jMMUDDmYY1 LIMITS
--- IN5D NUMBER
- -
EACH OCCURRENCE S 1,000,00
CLAIMS -MADE X OCCUR X 800857 0811712016' 0811712017 1 P�Mlses 1I- _&Er(7T1rRTFrF 5 1IMA
,000,000
MED EXP (Any Ore person) -_�S 10_�
---
I _ $ - 2,000,000�
PERSONAL 8 ADV INJURY j
GENERAL AGGREGATE _- $
LO-. -
r --- $ 2,000.000
POLICY l E 7 f PRODUCTS COMPOP AGG
_ GE_ N'L AGGREGATE LIMIT APPI IES PEP. � - --- -
$
OTHER:I COMBINEDSINGLELIMIT $ 1,000,00
AUTOMOBILE LIABILITY -_
00857 08/1712016 08/17/2017 1 BODILY INJURY (Pe person) $
A _ ANY AUTO _ r ---- -- _ ----- - ---- --
ALL OWNED SCHEDULED BODILY INJURY (Pe a ider') S
AUTOS AUTOS :, ! PROPERTYDANWGE
•--"--' NON -OWNED
X HIRED AUTOS X AUTOS_--
- - - - 00
'--' ---- _. -__-- ------ • EACHOCCURRENCE_...� -- _ —. - X EXCESS LIAR - -occuR 800857 08/17/2016 , 08/17/2017 AGGREGATE $ 1,000 OOO
i
A - UMBRELLA LIAR X CLAIMS MAD , - 1,000,000{
DEC) 1 X i RETENTIONS 10 000 _.... - _
WORKERS COMPENSATION X �_STATU_T_E_ ,_ __ER
AND EMPLOYERS'LIABILITY
B ANY PROPRIE-OR/PARTNERTXECUTIJ Y(N WC002675207 11012412015'. 1012412016 E.L. EACH ACCIDENT $ 1+000+00
OFF CER;N'_MBER EXCLUDED? �,. NIA E.L.DISEASE1,000,00
(Mandatory In NH) _- EA EMPLOYE $ _
Hyes, descrbe aide, j E.L. DISEASE - POLICY LIMIT $ _ 1,000100
DESCRIPTION OF OPERATIONS bek_w
i
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
Professional Liability has a $2,000,000 Aggregate limit
APPR ED RI M'
Y
WAIV /A YES_
Monroe County
1100 Simonton Street
Key West, FL 33040
ACORD 25 (2014101)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
A U THO RQ�Ej,D-�pREPRESENTATIVE
HO
01988-2014 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD