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2. 05/17/2017 AgreementAGREEMENT MONROE COUNTY CONTRACT FOR Compensation and Classification Study SERVICES THIS AGREEMENT ("Agreement") is made and entered into this) ' day of , 2017, 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 September 17, 2013, the Contractor and the County entered into an agreement to perform a Compensation and Classification study for County non -union employees and employees within the Teamsters bargaining unit; and WHEREAS, at a May 1, 2014 meeting, the Monroe County Board of County Commissioners (BOCC) accepted and approved the implementation of the results contained in the Contractor's 2013 study; and WHEREAS, one of the recommendations contained in the Contractor's 2013 report was to conduct a pay plan analysis every 3-5 years; and WHEREAS, three (3) years having elapsed since the acceptance and implementation of the prior study, it is appropriate to conduct another compensation and classification study, in order to assist the County in ensuring that its employees are paid competitive wages and benefits and that County employees are appropriately classified; and WHEREAS, the County wishes to include County firefighters in the International Association of Firefighters (IAFF) bargaining unit in the upcoming study; and NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree to the 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 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. 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 the work on each task by the deadlines shown on the Proposed Timeline (Exhibit 1 to Exhibit A). The final deliverables must be completed and delivered by no later than eleven (11) months after the Effective Date, unless a change to the time schedule is agreed to in advance in writing by the County Administrator or his designee. Section 4. PAYMENT TO CONTRACTOR 4.1 The flat fee for the services described in Exhibit A to this Agreement will be one hundred twenty-three thousand dollars ($123,000.00), broken down as follows: Task Task BOCC IAFF Total No. employees other than Fire Rescue Task 1 Project Initiation $3,000 $500 $3,500 Task 2 Collect and review $8,500 $3,000 $11,500 environment data Task 3 Evaluate the current system $3,500 $1,000 $4,500 Task 4 Evaluate and build projected $13,500 $2,000 $15,500 classification plan Task 5 Identify list of market survey $750 $250 $1,000 benchmarks Task 6 Identify approved list of $750 $250 $1,000 survey targets Task 7 Conduct market salary and $32,000 $13,000 $45,000 benefits survey and provide external assessment summary Task 8 Develop strategic positioning $5,500 $1,500 $7,000 recommendations Task 9 Conduct solution analysis $5,500 $1,250 $6,750 Task 10 Develop and submit draft $8,000 $2,250 $10,250 and final reports Task 11 Develop recommendations $5,500 $1,000 $6,500 for compensation administration Task 12 Provide revised class $8,500 $2,000 $10,500 descriptions and FLSA determinations The Contractor shall issue an invoice covering the work performed in each Task as soon as the Task is completed. 4.2 The above quoted fees are inclusive and includes all travel costs (meal and lodging), transportation, indirect costs (overhead), clerical support, postage, facsimile costs, and all other out-of-pocket expenses. The price includes three (3) separate trips to Monroe County for in -person meetings, including BOCC meetings. Attendance at additional in -person meetings will be charged at two thousand dollars ($2,000.00) per meeting. 4.3 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. 4.4 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 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: Roman Gastesi, Monroe County Administrator 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 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 4 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(a)-monroecounty-fl.gov, c/o Monroe County Attorney's Office, 1111 12th 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 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 prov1s1on 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. 6 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 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 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 8 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 9 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 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: 10 $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. 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. 11 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. 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 12 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 WHEREOF, the parties hereto have caused these presents to be executed on this 1-71k day of -fmLL44 .2017. BOARD OF COUNTY COMMISSIONERS OF MO N E COU�s , fLORIDA By: Mayor/Chairperson Witness: By: Name (print): MONROE COUNTY ATTORNEY CC APOVED S TO FO 55 U o rv,, WNTHIA L. HALL cm JCC ASSISTANT COUNTY ATTORNEY o Date � N 13 EXHIBIT A Evergreen Solutions, LLC 2878 Remington Green Circle -Tallahassee, Florida 32308 850.383.0111 -fax 850.383.151 1 March 30, 2017 Ms. Christine Hurley Assistant County Administrator Monroe County 1100 Simonton Street Key West, Florida 33040 SUBMITTED VIA EMAIL: Hurley-Christine@MonroeCounty-FL.Gov Dear Ms. Hurley: We appreciate the opportunity to again work with Monroe County to conduct a Pay and Classification Study. I have prepared a detailed work plan outlining the tasks, activities, and milestones necessary to successfully conduct the study as well as our proposed cost and timeline. Evergreen understands that the County is seeking a study for County and Fire and Rescue employees. Detailed Work Plan Task 1.0 Project Initiation TASK GOALS • 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. TASKACTIVITIES 1.1 Discuss the following objectives with the County's Project Manager (CPM): • 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; • establish an agreeable communication schedule. Page 1 of 12 www.ConsultEvergreen.com 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 County 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; • current position and classification descriptions, salary schedule(s), and classification system; and • personnel policies and procedures. 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 (including County and Fire and Rescue employees) Task 2.0 TASK GOALS Collect and Review Current Environment • Conduct statistical and anecdotal research into the current Data environment within the County. • Guide subsequent analytical tasks. TASKACTIVITIES 2.1 Schedule and conduct employee orientation sessions. 2.2 Meet with department heads 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 Job Assessment Tools (JATs) and Management Issues Tools (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. Page 2 of 12 Task 3.0 Evaluate the Current System Task 4.0 Evaluate and Build Projected Classification Plan Page 3 of 12 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 interviews • Employee focus groups and orientation sessions TASK GOAL • Conduct a comprehensive preliminary evaluation of the County's existing compensation plans. TASKACTIVITIES 3.1 Obtain the existing pay structure and compensation philosophy. Review the existing pay structure and look for potential problems to be resolved. 3.2 Determine the strengths and weaknesses of the current pay plan(s) and discuss with the CPM. 3.3 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 plans • Assessment of current conditions TASK GOALS • Identify the classification of existing positions utilizing Evergreen's job evaluation system. • Review JAT responses. • Characterize internal equity relationships within the County. TASK ACTIVITIES 4.1 Review all draft class specifications with the CPM. 4.2 Review the work performed by each classification and score. Include an evaluation of supervisory comments. 4.3 Review AT 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 AT 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. The final decision on the minimums and maximums of the pay grades would be determined after the market data have been collected. 4.6 Review recommendations with the CPM. KEY PROJECT MILESTONES • AT scores by class • Recommended classification changes • Preliminaryjob structure based on internal equity Task 5.0 TASK GOAL Identify List of Market Survey • Reach an appropriate number and identify the proper benchmark Benchmarks positions for the external labor market assessment. Note: We will work with the CPM to identify up to 65 total benchmark positions (t include a representative number of classifications within the Count and all six classifications with Fire and Rescue). TASKACTIVITIES 5.1 Conduct a thorough review of all materials to date, including employee database, classification listing, interviews, compensation review, and meetings with the CPM. 5.2 Identify, from the initial review, a list of classifications (benchmarks) to include in the labor market survey. 5.3 Submit the proposed list of positions to the CPM for review. 5.4 Based on the CPM's review, make revisions to the benchmark list and finalize consistent with Evergreen's analysis. Page 4 of 12 KEY PROJECT MILESTONES • Preliminary list of benchmark classifications • Final list of benchmark positions for the external labor market assessment Task 6.0 TASK GOAL Identify Approved List of Survey • Identify and develop a comprehensive list of targets for conducting Targets a successful external labor market assessment. Note: We will work with the CPM to identify up to 25 targets for the survey. TASK ACTIVITIES 6.1 For each employee group, review with the CPM peer organizations that must be included in the survey. 6.2 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 the Monroe County area; • economic and budget characteristics; and • other demographic data. 6.3 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. 6.4 Review survey methodology with the CPM and refine survey methodology prior to distribution of survey. 6.5 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 7.0 TASK GOALS Conduct Market Salary and Benefits • Conduct the external labor market salary survey. Survey and Provide Bdemal • Conduct a benefits survey. Assessment Summary • Provide a summary of the survey results to the CPM for review. Page 5 of 12 TASK ACTIVITIES 7.1 Prepare a customized external labor market salary survey for the CPM's approval. Discuss questions and categories for the market survey. 7.2 Contact the targets for electronic completion of the survey. Provide paper copies by fax, if requested. 7.3 Conduct necessary follow-up through e-mails, faxes, and phone calls. 7.4 Collect and enter survey results into Evergreen's electronic data analysis tools. 7.5 Validate all data submitted. 7.6 Develop a listing of the benefits provided by the County and review current vacation, sick leave, holiday, and leave policies as compared to competitive employers. 7.7 Using the list of County provided benefits and major benefits offerings not provided by the County develop a list of benefits to include with the external labor market salary survey. 7.8 Prepare benefits survey to be included with the market salary survey. 7.9 Submit benefits survey to CPM for review. 7.10 Revise benefits survey. 7.11 Distribute benefits survey in conjunction with salary survey. 7.12 Develop summary report of external labor market salary assessment results. 7.13 Develop summary report of external labor market benefits assessment results. 7.14 Submit summary report of external labor market and benefits assessment results to the CPM. KEY PROJECT MILESTONES • Market survey instrument • Summary report of external labor market assessment results • Summary report of external labor market benefits assessment results Page 6 of 12 Task 8.0 TASK GOALS Develop Strategic Positioning • Assess the appropriateness of the County's existing compensation Recommendations philosophy. • Develop a plan for all employees, providing issue areas and preliminary recommendations for strategic improvement. TASK ACTIVITIES 8.1 Identify the accepted compensation philosophy and accompanying thresholds. 8.2 Using the market salary and benefiits data collected in Task 7.0 and the classification data reviewed in Task 4.0, determine the proper pay plan including number of grades, steps, and ranges. 8.3 Identify highly competitive positions within the County and customize recommendations for compensation where required. 8.4 Produce pay plans 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 9.0 TASK GOALS Conduct Solution Analysis • Conduct analysis comparing classification values. • Survey results for the benchmark positions. • Produce several possible solutions for implementation. TASK ACTIVITIES 9.1 Conduct regression analysis or other appropriate techniques to properly slot each classification into the proposed pay plans. 9.2 Place all classifications into pay grades based on Task Activity 9.1. Sort alphabetically by job class title, in descending order by range, and by old class title and new class specifications. 9.3 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. Page 7 of 12 Task 10.0 Develop and Submit Draft and Final Reports Page 8 of 12 1 9.4 Meet with the CPM to discuss the potential solutions. 9.5 Determine the best solution to meet the County's needs in the short-term and long-term. 9.6 Document the accepted solution. KEY PROJECT MILESTONES • Initial regression analysis • Potential solutions • Documented final solution TASK GOALS • Develop and submit a draft and final report of the Pay and Classification Study to Monroe County. • Present the final report to the Board of County Commissioners. TASK ACTIVITIES 10.1 Produce a comprehensive draft report that captures the results of each previous step. The report will include recommendations and the costs associated with implementing the recommendations for the County and Fire and Rescue. 10.2 Submit the comprehensive draft report to the CPM. 10.3 Make edits and submit necessary copies of the final report which will describe the classification and pay plan for employees (County and Fire and Rescue) and will recommend implementation procedures as well as procedures for the continuing maintenance and administration of the plan. 10.4 Present the final report to the Board of County Commissioners. 10.5 Develop a plan for maintaining recommendations over time. KEY PROJECT MILESTONES • Draft and final reports • Final presentation • Implementation and maintenance database Task 11.0 TASK GOAL Develop Recommendations • Develop recommendations for the continued administration by for Compensation County staff to sustain the recommended classification and Administration compensation structure for its employees. TASKACTIVITIES 11.1 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; • the proper mix of pay; • how often to adjust pay scales and survey the market; • the timing of implementation; and • how to keep the system fair and competitive over time. 11.2 Recommend recruitment/retention strategies, where appropriate. 11.3 Present recommendations to the CPM for review. KEY PROJECT MILESTONES • Recommendations for compensation administration • Recommendations for recruitment/retention policies Task 12.0 TASK GOALS Provide Revised Class Descriptions • Update existing class descriptions and create new class and FLSA descriptions as needed, ensuring FLSA, EEO/ADA requirement Determinations satisfaction. • Provide final version of all class descriptions/specifications in electronic format (i.e., MS Word) after approval by the CPM and the Human Resources Director. TASK ACTPATIES 12.1 Assess current class descriptions for form, content, validity, and ADA compliance. Page 9 of 12 12.2 Revise classification descriptions based on data gathered from the JAT process. 12.3 Create new class descriptions for new classifications, as needed. Provide complete listing of the allocation of job classes to salary range assignments. 12.4 Make FLSA determinations based on work performed and federal requirements. 12.5 Recommend a systematic, regular process for reviewing job descriptions. KEY PROJECT MILESTONES • Updated class descriptions • New class descriptions as needed. Proposed Cost and Timeline Our total, not -to -exceed, fixed cost to complete all tasks identified in our detailed work plan is $1.23,000. This breaks down into a cost of $95,000 for the County and $28,000 for Fire and Rescue. This cost is all inclusive, and includes travel costs (meals and lodging), transportation, fringe benefits, indirect cost (overhead), clerical support, and all other out-of-pocket expenses. This includes three separate trips to the County to provide the requested work assuming that we would be conducting the study for the Sheriff's Office concurrently with this study. Additional trips would be billed at $2,000 each. Evergreen can complete the study in less than 10 months upon execution of a contract as shown in our proposed timeline in Exhibit 1. We have provided the following breakdown our cost of $123,000 by task and by agency: Task 1: Project Initiation - $3,500 (BOCC - $3,000 and Fire - $500) Task 2: Collect and Review Current Environment Data - $11,500 (BOCC - $8,500 and Fire - $3,000) Task 3: Evaluate the Current System - $ 4,500 (BOCC - $3,500 and Fire - $1,000) Task 4: Evaluate and Build Projected Classification Plan - $15,500 (BOCC - $13,500 and Fire - $2,000) Task 5: Identify List of Market Survey Benchmarks - $1,000 (BOCC - $750 and Fire - $250) Task 6: Identify Approved List of Survey Targets - $1,000 (BOCC - $750 and Fire - $250) Task 7: Conduct Market Salary and Benefits Survey and Provide External Assessment Summary - $45,000 (BOCC - $32,000 and Fire - $13,000) Task 8: Develop Strategic Positioning Recommendations - $7,000 (BOCC - $5,500 and Fire - $1,500) Task 9: Conduct Solution Analysis - $6,750 (BOCC - $5,500 and Fire - $1,250) Task 10: Develop and Submit Draft and Final Reports - $10,250 (BOCC - $8,000 and Fire - $2,250) Task 11: Develop Recommendations for Compensation Administration - $6,500 (BOCC - $5,500 and Fire - $1,000) Task 12: Provide Revised Class Descriptions and FLSA Determinations - $10,500 (BOCC - $8,500 and Fire - $2,000) Page 10 Of 12 We would love the opportunity to again work with the County on this important comprehensive study. If you need any additional information, please feel free to contact me at (850) 383-0111 or via email at jeff@consultevergreen.com. Sincerely, Dr. Jeffrey Ling Executive Vice President Evergreen Solutions, LLC Page 11 of 12 a Q 4 00 .--4 O N cn W W Z Q U W O Z F- U O 0 C- CV uj to U) C7 ZD Q c N N N Q (O C_ N p C O W m (Q U � C C_ O � � d a N � Q � to U) a o o cn Q o a> a C oQ `O LL O Y_ N N (n Or 0_ WC w L UO E U Ir m j <n U Ui 4; N Q N O <O C J Q cn m N O U D U V tD 10 C C O O O O > > O O O c0 N O U d :2 O O O O O O O O O O O O ci CV M V Ln CD f-� (n CA CP ci aNi W C EVERSOL-01 CBILLINGTON CERTIFICATE OF LIABILITY INSURANCE DATE 05/0812017Y) (MM/017 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 certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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). PRODUCER Rogers, Gunter, Vaughn Insurance, Inc. 1117 Thomasville Road Tallahassee, FL 32303 CONTACT NAME: PNEHOFAX (A/C, No, Ext): (850) 386-1111 (A/c, No):(850) 385-9827 E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURER A: MAPFRE Insurance 34932 INSURED INSURER B : Foremost Insurance 11185 Evergreen Solutions LLC Dr Linda Recio INSURER C : Hartford 22357 2878 Remington Green Cir INSURER D : INSURER E : Tallahassee, FL 32308 INSURER F : CAVFRAnFS CFRTIFICATF WIIMRFR• RIFVICIAId uIIMRCr?• 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. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM DD POLICY EXP MM LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FX ] OCCUR X CP0008008576000 08/17/2016 08/17/2017 EACH OCCURRENCE $ 1,000,000 PAMIAGE TO R(EaENTED occurren $ 300,000 MED EXP (Any oneperson) $ 10,000 PERSONAL & ADV INJURY $ AGGREGATE LIMIT APPLIES PER: POLICY F JEef LOC GENERAL AGGREGATE $ 2,000,000 GEN'L X PRODUCTS - COMP/OP AGG $ Included $ OTHER: A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,000 $ BODILY INJURY Perperson) $ ANY AUTO CP0008008576000 08/17/2016 08/17/2017 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ PROPERTY DAMAGE Per accident $ X HIRED NON- %qED AUTOS ONLY X AUTOS ONLY $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS -MADE 42600500005901 08/17/2016 08/17/2017 AGGREGATE $ DED RETENTION $ _ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ MFFICER/MEMBER EXCLUDED? andatory in NH) N I A WCO267520709 10/24/2016 10/24/2017 PER OTH- X STATUTE ER E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1000000 ,, C Professional Errors 21PG0258846 08/17/2016 08/17/2017 Each Claim 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Professional Liability has a $2,000,000 Aggregate limit ANAGEMENT QBe`chhtia..� S' TF WAI R N A YES Monroe County 1100 Simonton Street Key West, FL 33040 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Ad ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as appli- cable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 0 COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section 11 — Who Is An Insured is amended to include as an additional insured any person or or- ganization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an addi- tional insured on your policy. Such person or or- ganization is an additional insured only with re- spect to liability for "bodily injury', "property damage" or "personal and advertising injury' caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are com- pleted. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying ser- vices, including: a. The preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica- tions; or b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury' or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional in- sureds) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. CG 20 33 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ s 20131•dition MONROE COUNTY, FLORIDA Request For Waiver of Insurance Requirements It is requested that the insurance requirements, its specified in the County's Schedule of In-urance Requiresnents, be waived or modified on the following contract. Contractor: U. 1�Q-Q _SLA-h��'r Lt,,,c— Contract for: Address of Contractor: Ir�UQ Phone: Scope of Work. U �. M e- a M 1_ 01 rn Reason for Waiver /-_ orNlodification: �yG�tvid �� . m QA 0� .._ Policies or Coverages Waiver will apply to: S ignature of Contractor: Risk Management Date: County Adntinistratorappeal: Approved: Date:,._____ __.. Board of County Commissioners appeal: Approved: ._... Meeting Date: Not Approved: Not Approved: Administrathc Instruction 7500 5 1l3