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Item F09 F.9 G BOARD OF COUNTY COMMISSIONERS County of Monroe � "1 Mayor Sylvia Murphy,District 5 The Florida.Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1 �pw° Michelle Coldiron,District 2 Heather Carruthers,District 3 David Rice,District 4 County Commission Meeting November 20, 2019 Agenda Item Number: F.9 Agenda Item Summary #6196 BULK ITEM: Yes DEPARTMENT: Facilities Maintenance TIME APPROXIMATE: STAFF CONTACT: Alice Steryou (305) 292-4549 None AGENDA ITEM WORDING: Approval of Fifth Amendment to Agreement with Beach Raker, LLC, for professional beach cleaning at Higgs Beach, Key West, for extension of current term on month-to-month basis, not to exceed six (6) months, pending the award of a new contract under the Request for Proposals (RFP). TDC is the funding source. ITEM BACKGROUND: EE&G Environmental Services, LLC had provided professional beach cleaning services at Higgs Beach, Key West, since November 18, 2014. On February 20, 2019, the BOCC approved the Consent to Assignment of Agreement from EE&G to Beach Raker, LLC, for the professional beach cleaning services. The current Agreement terminates November 30, 2019. There is a Request for Proposals (RTP) posted on Demand Star with an opening Bid date of November 7, 2019. A Selection Committee will thereafter review the submitted proposals on November 13, 2019. Staff is requesting approval of this Fifth Amendment to Agreement to extend the current term on a month-to-month basis, not to exceed six (6) months pending the award of a new contract under the pending Request for Proposals (RFP). PREVIOUS RELEVANT BOCC ACTION: November 18, 2014 BOCC approved award of bid and contract with EE&G Environmental Services, LLC. The Agreement provided for an initial term of two (2) years and three (3) optional (1) one year renewals. January 20, 2016 BOCC approved a CPI-U adjustment of.8%. October 19, 2016 BOCC approved a CPI-U adjustment of .7% and the first optional one (1) year renewal. November 14, 2017 BOCC approved a CPI-U adjustment of 2.1% and the second optional one (1) year renewal. December 19, 2018 BOCC approved a CPI-U adjustment of 2.1%, the third optional one (1) year renewal, and added Federal provisions to the Agreement. February 20, 2019 BOCC approved the Consent to Assignment of Agreement from EE&G Environmental Services, LLC, to Beach Raker, LLC, for professional beach cleaning at Higgs Beach, Key West. Packet Pg. 238 F.9 CONTRACT/AGREEMENT CHANGES: Amendment for Month-to-Month extension with Beach Rakers for Higgs Beach. STAFF RECOMMENDATION: Approval DOCUMENTATION: Fifth Amendment-Beach Raker 11-20-19 Partial Exec Consent to Assignment EE&G to Beach Raker 2-20-19 Beach Raker Bio for Assignment of Bid from EE&G 01-28-2019 Request to Assign Beach Cleaning Contract to Beach Raker 4th Amendment EE&G 12-19-18 3rd Amendment- EEG 11-14-17 2nd Amendment 1st Renewal EE&G 10-19-16 1st Amendment EE&G Environmental Services, LLC Bid Award Agreement EE&G Environmental Services, LLC. Higgs Beach Cleaning COI BeachRaker 05-04-2020 COI BeachRaker WC 06-01-2020 FINANCIAL IMPACT: Effective Date: December 1, 2019 Expiration Date: Pending the award of a Request for Proposals (RFP), not to exceed six (6) months. Total Dollar Value of Contract: $11,802.90/month Total Cost to County: $11,802.90/month Current Year Portion: Not to exceed $70,817.40 Budgeted: Yes Source of Funds: TDC CPI: Yes Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: Grant: No County Match: N/A Insurance Required: Yes Additional Details: RFP posted in Demand Star with a bid opening date of November 7, 2019. TDC Funding-N/A 11/20/19 117-77040 - TDC BRICKS & MORTAR 117 $141,635.00 Packet Pg. 239 F.9 REVIEWED BY: Patricia Eables Completed 10/17/2019 4:57 PM William DeSantis Completed 10/18/2019 8:42 AM Budget and Finance Completed 10/18/2019 9:18 AM Maria Slavik Completed 10/23/2019 9:12 AM Kathy Peters Completed 10/23/2019 9:28 AM Board of County Commissioners Pending 11/20/2019 9:00 AM Packet Pg. 240 FIFTH AMENDMENT TO AGREEMENT a PROFESSIONAL BEACH CLEANING,MAINTENANCE,AND BEAUTIFICATION S HIGGS BEACH,KEY WEST, ON CAE COUNTY,FLORIDA THIS FIFTH AMENDMENT TO AGREEMENT is made and entered into this 20th day of November, 2019, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and BEACH RAKER, LLC ("CONTRACTOR"), a Florida Limited Liability Company, .0 whose address is 220 NE 13 1h Street, Pompano Beach,Florida 33060. E 0 WHEREAS, on November 18, 2014, the County entered into an agreement with EE&G Environmental Services, LLC, to provide professional beach cleaning, maintenance, and beautification services at Higgs Beach, Key West, Monroe County, Florida, including the children's W fenced play area/beach side on weekends (Saturdays and Sundays) (hereinafter "Original Agreement"); and WHEREAS, on January, 20, 2016, the BOCC approved the First Amendment Agreement, and; WHEREAS, on October 19, 2016, the BOCC approved the Second Amendment First E Renewal Agreement, and; E WHERE,AS, on November 14, 2017, the BOCC approved the Third Amendment Second Renewal Agreement; and U- WHERE AS, on December 19, 2018, the BOCC approved the Fourth Amendment to X Agreement; and WHEREAS, on February 20, 2019, the BOCC approved the Consent to Assignment of Agreement from EEG Environmental Services, LLC, to each Raker, LLC, for professional beach cleaning at Higgs each, Key West;and WHEREAS, the parties have found the Original Agreement, as amended, to be mutually beneficial; and WHE AS, the current term of the Original Agreement, as amended, terminates on November 30, 2019; and WHERE AS, the parties find that it would be mutually beneficial to enter into this Fifth Amendment to Agreement to extend the term on a month-to-month basis, not to exceed six (6) E months pending the award of a contract under the Request for Proposals (RFP), which was advertised on September 23,2019; E NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows. U- E 1. In accordance with Paragraph 4 of the Original Agreement, TERM OF AGREEMENT,this 0 extension of the term shall commence on December 1, 2019, on a month-to-month basis, not to exceed six(6)months, pending the award of a contract under the Request for Proposals (RFP). < The contract amount for Professional Beach Cleaning, Maintenance, and Beautification, Higgs Packet Pg. 241 Beach, shall remain at Eleven Thousand Eight Hundred Two and 90/100 ($11,802.90)Dollars per month. Except as set forth in paragraph I of this Fifth Amendment to Agreement, in all other respects, the terms and conditions set forth in the Original Agreement, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. P 0 (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA By- By: Deputy Clerk Mayor E Date:-. E U_ CONTRACTOW. BEACH RAKEM, LLC X Witnesses for CONTRACTOR: Signatur f person authorized to r Do tion Si84nae Aleggallyy b Corporation C,4 Date: V_rr Print e and Date Print Name and Title Address: 2'zo KC i E Signature E Telephone Number LL Printed Name and Date MO OE COUNTY ATTORNEYS OFFICE E PFOVED PATRICIA EABLE ASSISTANT"OU rATTORNEY DATE: Packet Pg. 242 GV�S COURTq c Kevin Madok, CPA Clerk of the Circuit Court& Comptroller— Monroe Count Florida o p Y, E cOVN o W DATE: March 14, 2019 0 TO: Alice Stervou 0 Contract Monitor L' 0 FROM: Pamela G. Hancock, D.C. U) SUBJECT: February 20'BOCC Meeting Attached is an electronic copy of Item T5,Acknowledgment and Consent to Assignment of Agreement from EE& G Environmental Services LLC to Beach Raker LLC for professional beach cleaning at Higgs Beach, Kev West.,for vour handling. Should you have any questions,please feel free to contact me at (305) 292-3550. Thank you. Cv cv 0 06 — U) U) 0 cc: Facilities Supervisor Countv Attorney_ 0 Finance U File as KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plan 305-294-4641 305-289-6027 305-852-7145 305- Packet Pg. 243 . F.9.b ACIKNOWLEDGEMENT CONSENT BY MONROE COUNTY,FLORIDA OF THE ASSIGNMENT AND MSIJMP'T`!0N-- OF BID AWARD AGREEMENT FOR � PROFESSIONAL BEACH + ,iIi;A41 I+1I s,MAINTENANCE AND BEAUTIFICATION HIGGS BEACH, Y,WEST,MONROE COUNTY,FLORIDA � U) WHEREAS, MONROE 010 T"' FLORIDA, a political subdivision of the State of Florida ("County") is a party to that- certain Bid Award Agreement for Professional Beach Cleaning, Maintenance and._15eautiftea6bn Higgs Beach, Key West, Monroe County, Florida, by and between EE&Gr i�1�IkO1'� l'4TAL SERVICES, LLC, a Florida li' ited liability company (the "Assignor") and County dated N6vem or 18, 2014 (the "Original Agreement"), as amended by that certain First Amendment-Agreement dated January 20, 2016 (the "First Amendment"), as further amended by that certain&jet Amendment First Renewal Agreement dated-October 19, 2016 (the "Second Amendment"), as firtlZer amended by that certain Third Amendment Second Renewal Agreement dated.Nove r ber 14, 2017(the "Third Amendment"), as further amended by that certain Fourth Amendment :to .Agreement dated December 19, 2018 (the "Fourth Amendment", together with the,Orgital.Agreement, First Amendment, Second Amendment, and Third Amendment,collectively,the "Agreement'I:and, WHEREAS,Assignor desir, to assign, transfer and convey to BEACH RAKER, LLC, a Florida limited liability company(the "Assignee")all of Assignor's rights,interests and obligations under the Agreement, and Assignee aosires to accept such assignment; transfer and conveyance and to assume all of Assignor's fights, interests and obligations under the Agreement pursuant to the terms of that certain Assignment and_Assumption of Bid Award Agreement for Professional Beach Cleaning,Maintenance and Btatificat;ori Higgs Beach,Key West,Monroe County,Florida, with an effective date of February`2, 9,2019, (the "Assignment Agreement"); and WHEREAS,.Section 12 of:the Agreement requires that any assignment of the Agreement be approved in writing by County to6e,effective; and, WHEREAS, County desires to approve the assignment of the Agreement by Assignor to Assignee in accordance with the;Assigrimen Agreement and terms hereof; NOW,THEREFORE,in q'q siderat am of the sum of Ten Dollars($1.0.00)and other good and valuable consideration, the:suIeiency.of which are hereby acknowledged, County hereby E agrees as follows: U) 1. Section 12 of the grdee nirit,provides that the Contractor shall not assign or U) subcontract its a,bligd'iwsr under the Agreement to others, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County, which gpproval shall be subject to such conditions and provisions as the Board may deem necessary. Section 12 is to also be incorporated by reference into U any assignment or_s-'7con rapt:;with the assignee or subcontractor to comply with all of the provisions 6fthe Agreement. Packet Pg. 244 F.9.b 2. The Assignor and Assignee have entered into an Assignment and Assumption of Bid Award Agreement with an gffective date of February 20,2019,which is attached hereto as Exhibit "A" and Oadea a part hereof, with an assignment to Assignee of all the Assignor's rights,interests,and obligations under the Agreement as noted herein. 3. In consideration for such corisent;-the Assignee agrees to be bound by all the terms and conditions of the Agreement: E 4. County hereby acknowledges and approves the form of the Assignment Agreement and acknowledges and conserits to the assignment of the Agreement from Assignor to Assignee as forth therein. 5. County hereby acknowledges and agrees that the Assignee shall become the "Contractor"under the Agreement for all purposes from and after the"Effective Date" co of the Assignment Agreement and that ,the Assignor shall be released as the "Contractor"under the Agreement for all purposes from and after the"Effective Date" of the Assignment Agceeiient. County acknowledges Assignee's address set forth in the Assignment Agreerrient for purposes of notices to Contractor under Section 16 of the Agreement. ' �_--INVIUESS VJI-IEREOE tho parties have hereunto set their hands and seals as of the 20`�' $, day'of F.eaf4&2019. 1 r 4 ( -AL) � � F� r ��4``ATCEST K VIN MADOK,CLERK' BOARD OF-COUNTY COMMISSIONERS ° OF MONRqr CO Y; FLORIDA By: By: Deputy Clerk M yor/ airperson i 3 � { 06 Date: �� 9 _ a c - ► C:)f n Ss M 4) x 'ri Ca �22 EE&G ENVIRONMENTAL SERVICES. LLC, BEACH RAKER, LLC, , rn A Florida Limited Liability Company, A Florida Limited Liability C*pany, a o ASSIGN ASSIGNEE •- r- cn 0 By. By; ; ttie: 'Title: MONPLOE:COUNTY AWOR1£Y'Su DICE PQRCIVERA T V I'M.� PAT-ICINEABLES ASSISTANT-CO IfNrY 'E'TgRPtt X '� Packet Pg. 245 ASSIONNIMT AND AgSUMPTION OI Bfb Ate!' ' A499b ENT FOR P110F ESSli6:➢NAL-BEACH+CUANMC,&ALNTENANCE'AND BEAUTIFICATION. � �IG��:�EACII, �SST,�IV�2�1�1IIZOE C�I.I�lTY,1rL�l►I�I�3A _ � THIS ASSIGNMENT AND AS$C3M TION OF BID AWARD AGREEMENT FOR � PROFESSIONAL BEACH CLEAgM-1, MAINTENANCE AND BEAUTIFICATION � I-IIGGS BEACH, KEY WEST'0l' O C COUNTY, FLORIDA (the "Assignment") is made as of the 20th day of FAivary 2019 (the "Effective Date") by and between EE&G ENVIRONMENTAL SERVICES,,I;LC;a Florida limited liability company (the "Assignor")and BEACH RAKER., LLC, a Florida.limitedl liability company(the "Assignee"). WITNESSETH: WHEREAS, Assignor is a,party to that certain Bid Award Agreement for Professional Leach Cleaning, Maintenance and &a ificiatioift Higgs Beach, Key West, Monroe County, Florida, by and between Assignor and,MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida(the "County") dated November 18, 2014 (the "Original Agreement"), as amended by that certain First Amendment Agreement dated January 20, 2016 (the "First Amendment"),-as further amended by that certain Second Amendment First Renewal Agreement dated October 19, 2016, (the "Second, Amendment"), as further amended by that certain 'Third Amendment Second Renewal Agreement dated November 14, 2017 (the "Third Amendment"), as further amended by that certain Fourt"li Amendment to Agreement dated December 19, 2018 U (the "Fourth Azileiiclatierit", to ether with tlxe {art irjal- Agreement; Fi, .Amendment= Second Amezid exit,and"Third Amendment;t:ollectiuely, the "Agreement"-); and, HERtAS, t'signor d ides to ;assign, lKansfermd convey to Assignee .all- o!`- Asslgnor's rth>s, triteiJests and:oliligatiiins "under the.Agreeient,"and Assignee eleszres;to aeept.. such assignzil itt, lrttrisrer" and conVeyarlce artd'';to assume all o`f Asstgnaz's rights, intezests.atd obligations.under to the terms of this Assignment; l d 1, THE. I$E� in';":co7isiderat'ioit .o$tlte. it'"of TVtz Dallaas (�1 D 00) ur►d �tl�er" good and vAluable cb6slderatzoil,,h6 soff ictency of Which ace hereby aclez�o�vledged,the.Patties hereby-agree;as i'oll'ows:. 1. Recitals; CaWtzlized.Teruns: The recitals set forth above are true and correct in all respects and are"incorporated herein by reference as if set forth herein. Capitalized terms used, but not otherwise defined herein, shall have the meaning ascribed to such terms in the U) Agreement. 0 2. As§i"silrient. Assignor hereby assigns, transfers and conveys to Assignee all of the Assignor's rights, interests and obligations in and to the Agreement, with effect from and after the Effective Date hereof. �s 3. Assiifhbtiod Assignee hereby accepts the assignment of Assignor's rights, E interests and obligations in and to the Agreement, and, in accordance with Section 12 of the Original Agreement, agrees to assume all of Assignor's rights, interests and obligations under the 47661485.1 WilOIT "Air Packet Pg. 246 . F.9.b Agreement and be bound by the terms and provisions of the Agreement accruing from and after the Effective Date. Indenii:cation tfy,Assignor:shall indemri defend' and Ho m Id Assignee and its ernbe s,offtc ss,enapaloyees, agetsts and,.repraaenta Ives har mless from and against,atty and all claims, judgments., liabilities, damages, mlurtes, losses,-: 'costs' and exposes whatsoever (ipcludirig attorneys' lees'ai d court costs)whicta Assignee tr ay inc ir, or tivh=ch may 6e:;ctaimed against Assignee, by reason of(i) any obligailons�acid responsibilities a�giiired to be_pet 'ormed b As :or uni3er the A ement l004g.to ariy period r[or to the Effecttve Date a y tie. p liabilities of Assignor arising under the Agreement relating to any period prior to the Effective Date. Assignee shall indemnify,,defbad and hold Assignor and its members,officers,employees, agents and representatives harmless',frotn and against any and all claims,judgments, liabilities, damages, injuries, losses, costs and :eupenses whatsoever (including attorneys' fees and court costs) which AsStgnor may incur, or which may be.cIatmed agai==st Ass�gzzor, by reason of(i) CO any�abligattons::and'responsibilities required to:be performed by Assignee.ttnddr the Agreetnerit relating try .period on or aver the Ef�fecttve, Date, and (ii} all liabilities of Assignee.arising under the Agreement-tel'ating to any"pieriod on Drafter the,Effective Date. � S , Notice.. All notices;to be given under this Assignment shall be 'in writtng arid � shall be deemed gtver7 if deltvefdd l y livid ror.sent by re"di" ized ovetTiigttt couria to the addresses set'forth below. ,'Such addresses may be.changed by-notice given in the:sante.mannen- Assignor' -A-00'ess: EE G EnvironmentalServicas,LLC tiBIO Frarit.StrLet Ivey i141est,FI `33040 and` 5751 Miami Lakes Drive East � Miami Lakes, FL 33014 Attn: Carolyn Bailey Assignee's Address: Beach baker, LLC 220 NE'13"' Street Pompano Beach, FL 33060 Attn: Steve Stcmeck 6. Atithori The individuals executing this Assignment on behalf of Assignor and Assignee, respectively,hereby represent and warrant to each other that they have full power and U) authority to execute this Assignment and bind the Assignor and Assignee, respectively, to the o obligations stated in this Assignment.': 7. Binding- Effect:..Coyetnina_Law; This Assignment shall be.binding upon, and inure to the benefit of, the parties to this Assignment and their respective heirs, legal U representatives, successors and assigns, and shall be construed in accordance with, and governed by, the laws of the State of Florida. 2 47661485.1 Packet Pg. 247 Y F.9.b S. Counterparts. This Assignment may be executed in counterparts, each of which will be deemed to be an original, but all of which taken together shall constitute one and the same instrument. Counterpart signature pages transmitted by email shall be deemed to be originals for all purposes. U) CD IN WITNESS WHEREOF, Assignor and Assignee have caused this Assignment to be duly executed as of the date first above written. E 0 U) ASSIGNOR: EUG ENVIRONMENT-AL SERVICES, LLC, a Flori i ,its. hlity co an 0 N me:Carol ails itle: ice r -den ASSIGNEE: BEACH RAKER,LLC, Yj ited NOW . company � erneck Title:Vice President.. 0 06 U) U) 0 U) 0 �s 3 47661485-,] Packet Pg. 248 F.9.b i qc � CERTIFICATE OF LIABILITY INSURANCE DATE f 02108/208l2019 �. a 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 0 f REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. 0 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 CC this certificate does not confer rights to the certificate holder in lieu of such endors_errient(s)., U) PRODUCER - CA EONTACT N ; _I! Bouchard Insurance for Frank Crum PHONE 'FAX 101 Starcrest Drive Eoti stI' Arc No Clearwater,FL 33758 ADDRESS: 0 4— INSURER(5)AFFORDING COVERAGE SAID# U) INSURERA:Aim6ricarl Zurich Insurance�COm pan 40142 INSURED INSURERB: FrankCrum 12.Inc.Alt.Emp:Beach Raker LLC 100 South Missouri Avenue INSURERC: I Clearwater,FL33756 INSURERD: 0 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:1 8FLO80969170 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 j 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 PY PAID CLAIMS. INSR TYPE OF INSURANCE ADOL SUBR - POLICY.EFF. POLICY EXP LTR iucn vvvn POL_ICV NUMBER MMIOD IMMIDDIYYYY LIMITS COMMERCIAL GENERAL LIABILITY EACHOCCURRENCE S OAMA E TO RENTED CLAIMS-MADE OCCUR PREtJISES Ea occurrence) S MED EXP(Any one person) S PERSONAL&ADV INJURY__ S GEN'L AGGREGATE LIMITAPPLIES PER: GENERALAGGREGATE S ® PRO•. POLICY JECT LOC PRODUCTS-COMPIOP AGG 5 I OTHER: fi S AUTOMOBILE LIABILITY Bala"'dEeOntSINGLE LIMIT 1 ) !S ANYAUTO BODILY INJURY(Per person) S OWNED SCHEDULED GEM w BODILY INJURY(Per accident) S AUTOS ONLY AUTOS y HIRED NON-OWNED PROPERTY DAMAGE $ —19 AUTOS ONLY AUTOS ONLY APER /A fA Pcroccident $ UMBRELLALIAB OCCUR EACH OCCURRENCE S cy EXCESS LI AR CLAIMS-MADE AGGREGATE $ DIED. k RETENTIONS S WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER A OFFCEORMIIEMBEREXC EXCLUDED?ECUTIVE a NIA WC47-58-512-07 06/01/2018 06/01/201g E.L.EACH ACCIDENT S 1,000OQQ (Mandatory In NH) E.L,DISEASE-EA EMPLOYEE S 1,000 000 06 If yes,describe under ULI DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 1,000,000 ULI Location Coverage Period: 08/09/2018 06/01/2019 „Client# B0265-FL DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101.Additional Remarks Schedule,may be attached if more space is required) Beach:Raker LLC U) Covorege IS provided for U) only Thoseco-einployees 220 NE 13th St of,bu(iiotsubcohtractors Pompano.Beach;FL 33060 to: U) r_ 0 CERTIFICATE HOLDER CANCELLATION` U Monroe County BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 0 1100 Simonton Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Key West,FL 33040 ACCORDANCE WITH THE POLICY PROVISIONS. 0 0 AUTHORIZED REPRESENTATIVE ©1938-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and loqo are registered marks of ACORD Packet Pg. 249 F.9.b I AC R& CERTIFICATE OF LIABILITY INSURANCE DATE(MMIODfYYYY) 4-. �- 02/08/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS I CERTIFICATE DOES NOT AFFIRMATIVELY OR'NEGATIIIE.LY 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'CERTIFICA7E 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 O this cortificatD does not confer rights to the certificate holder in lieu of such iandorseinent(sj. q) 1 PRODUCER - CONTACT NAME; Loma Staab _ DTRT Insurance Groupl Loyal Clients PHDNE 877 871-3878 _ FAx 855 329-3878 12550 West Atlantic Blvd MAIL ) {. ) j oDA info @ dMinsurance.com ' INSURER(§_AFFORDING COVERAGE _ _NAIC_4 a� Coral Springs ^� � FL 33071 INSURERA: EVANSTON INSURANCE COMPANY INSURED INsuRERe: METROPOLITAN CASUALTY(NSURANC � 40169 U) BEACH RAKER LLC --- --__ INsuRER c: 220 SE 13TH ST INSURER D; (d I INSURERE; POMPANO BEACH FL 33060 INSURERF: � v cy COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CER)1FY THAT THE POLICIES OF INSURANCE'LISTED:BELOW HAVE BEEN ISSUED:T9 THE INSURED NAPAC-D ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREP4ENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY DRAM BE ISSUED OR PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES,DESCRIBED HEREIN 1S SUBJECT T.O ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMLfS SHOWN MAY HAVE BEEN REDUCED BY PAID.0 ms. INSR; - --"�- C�UH-Cis POUCYrEEE POLICYIXA�- - LTR-t TYPE OF INSURANCE Ncn w,m POLICYNUM9Flj ,I I h14JOD LIMITS X COMMERCIAL GENERAL LIABILITY 1 EACH OCCURRENCE -I s 1,000,000 I i CLAIMS-MADE FI OCCUR ! PRl�t l8E5 EaErtsr_ is 1,000,000 I MED EXP(Any one person) 5 5,000 A y y 3CO8353. 05/04/2018 05/04/2019 PERSONAL S ADV INJURY 1 S 1.000,000 i GEN'L AGGREGATE LIMIT APPLIES PER: , I GENERAL AGGREGATE I s 2,000,000 ( fiP0 _ X POLICY JECT LOC PRODUCTS-COMPIOPAGG S 2.000,000 .OTHER: __...— I AUTOMOBILE LIABILITY `CDP.ID)NED SIN.+LE Llfi11T I S 1,n00,000 � I— �Ei,RddadRfl(1 { ANY AUTO j BODILY INJURY(Per person) B OWNED ��SCHEDULED �— AUTOS ONLY Le_•J1 AUTOS Y Y CA024324P2018 05/04/2016 05/04/2019;BODILY INJURY(Per accident)i S X HIRED �/f NON-0WNED PROPERTY Y.DAMAGE '�- CV AUTOSONLY II\)AUTOS ONLY PERT ,I 5 I--i _L _. ) -- cv I IS UMBRELLA LUIB OCCUR , f l CH OCCURRENCE �.S 1,000,000 19 4) A H EXCESSLI(AB CLAIMS-MADE( mklv2eu1102476 ,05/04/2018 05/04/20191 AGGREGATE ,�s IX0,000 EIED I RETENTIONS PR/COMP OPS AGG .I s ,ODO,D00 WORKERS COMPENSATION PER 1 1I07H- AND EMPLOYERS'LIABILITY Y I N j 7 Tr ITEER�,_f ANY PROPRIETORJPARTNERIEXECUTIVE : OFFICERWEMBER EXCLUOEGY +N J A I EL EACH ACCIDENT S Q3 (Mandatory in NH), r----._.- -.1�_._._.___.. . co If yes,descrbe under i E,L.DISEASE-EA EMPLOYE S DESCRIPTION OF OPERATIONS b.-4.w E.L.DISEASE-POLICY LIMIT S06 r I I I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,AddRlonal Remarks Schedule,may be attached if more space Is required) IN/A ENIDATEU) WAIVE .� O CERTIFICATE HOLDER CANCELLATION U) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN O MONROE COUNTY BOCC ACCORDANCE WITH THE POLICY PROVISIONS. U 1100 SIMONTON STREET AUTHORIZED REPRESENTATIVE KEY WEST FL 33040 tt'i-.'•c i.—- ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Packet Pg. 250 F.9.c Bea. ,ch. "Raker 220 NE N 1"1 Street, Pompano Beach, LII 33060 954 560 3906 Gastoi iei'sei vi e@f poi idaa!)ea l i'aI(ei. of i � U) January 28,2019 cm 0 RE: Higgs Beach Cleaning Contract Assignment To Whom It May Concern, Beach Raker has been providing beach cleaning services to cities,towns,condominiums, resorts and private estate homes for over 40 years. We are the only full time, professional, beach service company in South Florida. Our patented equipment and cleaning methods have been developed based on over 40 years of experience cleaning _ beach front properties in one of the most densely populated areas in the United States. Beach Raker is the only beach cleaning company that currently holds a Broward County permit to bury seaweed. We work very closely with FWC, FDEP,and County Natural Resources Departments to insure we are compliant with all of the regulations regarding beach cleaning methods,turtle nesting, beach erosion control,and beach re- E nourishment. Note:We are the ONLY private beach cleaning organization authorized by the State of Florida to re-establish washed out Turtle Nests after severe storms in Broward County. This enables our City and Town _ Clients to have their public beaches cleaned and accessible immediately after a severe storm event—without U service interruption! 06 Beach Raker has approximately 235 clients in seven counties: Palm Beach, Broward, Monroe, Dade, Nassau, Sarasota and Duval covering 75 miles of beach front. Our municipal accounts include City of Marathon,City of Dania Beach,City of Pompano Beach,The Town of Lauderdale By The Sea,The Village of Key Biscayne,City of Ft. Lauderdale,City of Hollywood,City of Deerfield Beach, Bal Harbour Village,City of Venice,City of Miami Beach and 32 co City of Jacksonville Beach. We are the ONLY private organization that currently provides and beach raking services for municipal clients in Broward County. Finally,we are very excited to have the City of Key West considering Beach Raker as their service provider. U) Thank you for this opportunity, U) 0 George(Chip) L.Jones Jr. President Beach Raker LLC Packet Pg. 251 F.9.d uummu� @HE tb751b I IlAairnli II akes : iiuvv,E puiuiuuwA arn IIa lke , Ioiivad a 330II4 24II l iu iuu; uuuuuuuu ccr � �d (305) 374 8300 liira�u a ou t� 11 Seiivlc e II V...C. x(305) 314..9004 � January 28, 2019 U) E Ms. Alice Steryou Monroe County Public Works/Engineering Facilities Maintenance Contract Monitor Gato Building —2nd Floor, Room 2-216 1100 Simonton Street Key West, FL 33040 CO Re: Request to Assign Professional Beach Cleaning, Maintenance and Beautification Contract for Higgs Beach, Key West, Monroe County, FL (Agreement) Dear Ms. Steryou: EE&G Environmental Services, LLC (EE&G) was unable to secure the award for the City of Key West Beach Cleaning contract. The award was given to Beach Raker, 200 NE 13th Street, Pompano Beach, FL 33060. In accordance with Article 12 of the Agreement, EE&G is requesting that Monroe County grant approval to EE&G to assign the Agreement and Amendment 4 to Beach Raker. Please contact me at (305) 374-8300 or cbailev eeanda.com, if you have any questions. Sincerely, rf .> ' / r :.... . Carolyn �iley Vice President cc: Hugh Spinney a� Cr cv 00 cv Packet Pg. 252 pOJR GOURTQcO CY:z °°°°E. � Kevin Mad* cPA '. 4 Clerk of the Circuit Court&Comptroller—Monroe County, Florida ~ROE GOVN DATE: January 10, 2019 a TO: Alice Steryou Contract Monitor Aim FROM: Pamela G. Hanc k, .C. U) SUBJECT: December 19'BOCC Meeting 0 Enclosed is a duplicate original of Item C1, diird renewal to include CPI-U increase with EE&G Environmental Services, LLC for professional beach cleaning at Higgs Beach, Key West. TDC is the funding source., for your handling. Should you have any questions, please feel free to contact me at(305) 292-3550. Thank you. a 00 cv 06 cc: Facilities Supervisor County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305- Packet Pg. 253 FOURTH AMENDMENT TO AGREEMENT PROFESSIONAL BEACH CLEANING,MAINTENANCE AND BEAUTIFICATION HIGGS BEACH,KEY WEST,MONROE COUNTY,FLORIDA THIS FOURTH AMENDMENT TO AGREEMENT is made and entered into this day of Noer, 2018, between MONROE COUNTY, FLORIDA ("COUNTY"), a political a subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and EE&G ENVIRONMENTAL SERVICES, LLC ("CONTRACTOR"), a Florida limited liability company, whose address is 5751 Miami Lakes Drive East, Miami, Lakes, Florida 33014, and a local address of 6810 Front Street,Key West,Florida 33040. U) WHEREAS, the parties hereto did on November 18, 2014, enter into an agreement to provide professional beach cleaning, maintenance, and beautification services at Higgs Beach, Key West, Monroe County, Florida, including the children's fenced play area/beach side on weekends (Saturdays and Sundays)(hereinafter"Original Agreement"); and WHEREAS, on January 20, 2016, the BOCC approved the First Amendment Agreement, and; WHEREAS, on October 19, 2016, the BOCC approved the Second Amendment First Renewal Agreement, and; 3 WHEREAS, on November 14, 2017, the BOCC approved the Third Amendment Second E Renewal Agreement; and WHEREAS, the parties desire to amend the Original Agreement to increase payment amounts by the CPI-U increase of 2.1%, and to renew the Agreement for the third of three (3) optional one(1)year renewals; and 00 WHEREAS, County desires to revise language in its contracts and/or agreements for Public Records compliance in accordance with Chapter 119 of the Florida Statutes pursuant to legislative revisions to §119.0701 which became effective March 8, 2016, and any subsequent changes thereto; and WHEREAS, County desires to revise the Public Records, Maintenance of Records, Non- Discrimination, Indemnification, and Termination clauses in its contracts and/or agreement to update and/or add current revisions pursuant to its ordinances and/or Federal Required Contract Provisions; and WHEREAS, Contractor agrees and consents to such revisions in its Agreement to correct errors and ensure compliance with the Public Records, Indemnification, Maintenance of Records, Non-Discrimination, and Termination clauses, and compliance with Federal Required Contract Provisions requirements; and WHEREAS, the parties find it mutually beneficial to amend its Agreement as to the scrivener's errors, Public Records, Maintenance of Records, Indemnification, Non-Discrimination, and Termination compliance clauses, and Federal Required Contract Provisions; and 1 Packet Pg. 254 F.9.e WHEREAS, the parties have found the Original Agreement, as amended, to be mutually beneficial and; WHEREAS, the parties find that it would be mutually beneficial to enter into this.Fourth Amendment to Agreement; NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: a 1. In accordance with Paragraphs 3 and 4 of the Original Agreement, the County exercises the option to amend the Agreement and the contract amount shall be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U)for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics at December 31 of the previous year of 2.1% with payments increasing from $11,560.14 per month to $11,802.90 cm c per month; from $138,721.68 to $141,634.80 annually; and from $720.28 per hour emergencies to $735.41,with an effective date of December 1,2018. 2. In accordance with Paragraph 4 of the Original Agreement, the County exercises its option to renew the agreement for the third of three (3) optional one (1) year periods. This renewal shall commence on December 1, 2018, and ends upon November 30;20=1-9; unless terminated earlier under paragraph 18 of the Original Agreement. 3. Paragraph 6 of the Original Agreement, FINANCIAL RECORDS OF CONTRACTOR, shall be amended as follows: 6. MAINTENANCE OF RECORDS E Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of five (5) years from the termination of this agreement or for a period of three (3) years from the submission of the final expenditure report as per 2 C.F.R. §200.333, whichever is greater. Each party to this Agreement or their authorized representatives shall have 00 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 06 spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies 0 were paid to Contractor. Right to Audit. Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in Owner's reasonable judgment have any bearing on or pertain to any matters, rights, duties, or obligations under or covered by any contract document (all 2 Packet Pg. 255 F.9.e foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner. Owner may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, subcontractors, suppliers, and contractors' representatives. All records shall be kept for seven (7) —' years after Final Completion. 4. Paragraph 7, PUBLIC ACCESS, of the Original Agreement, shall be revised as follows: U) 7. Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other"public record"materials in its possession or under its control subject 0 to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public E Records Law in order to comply with this provision. Pursuant to F.S-. 119.0701 and the terms and conditions of this contract, the Contractor is required to: 00 (1) Keep and maintain public records that would be required by the County to perform the service: (2) Upon receipt from the County's custodian of records,provide the County with a copy of the requested records or allow the records to be inspected or copied within a 06 reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from E 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 County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County 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 the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested 3 Packet Pg. 256 F.9.e records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide -6 the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section 119.10,Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. U) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE - THE CONTRACTOR'S D='U PROVIDE PUBLICRECORDS RELATING TO THIS CONTRACT CONTACT THE treet, , FL 33040. ° 5. Paragraph 8, HOLD HARMLESS AND INSURANCE, of the Original Agreement, is hereby amended as follows: 8. HOLD HARMLESS,INDEMNIFICATION,AND INSURANCE E Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against 00 (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury(including death), loss, damage, fine,penalty or business interruption, and(iii) N any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or(C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to F. S. 725.06. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of,others) is delayed or suspended as a result of the Contractor s failure to purchase or maintain 4 Packet Pg. 257 F.9.e the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for the above. FDEM Indemnification To the fullest extent permitted by law, the 'Contractor shall indemnify and hold harmless the Agency, the State of Florida, Department of Emergency Management, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of this Contract. - This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the (County)Agency's sovereign immunity. WORKERS COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE. When applicable, coverage to apply for all employees at a minimum statutory limits as required by Florida Law. COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less than $100,000.00 per occurrence, combined single limit for Bodily Injury.Liability and Property Damage Liability. If single limits are provided, the minimum acceptable limits are $100,000.00 per person, $300,000.00 per 00 occurrence, and $50,000.00 property damage. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage 06 with limits of liability of not less than $100,000.00 per occurrence combined.single limit for Bodily Injury Liability and Property Damage Liability. 6. Paragraph 11 of the Original Agreement, NONDISCRIMINATION, is revised in its entirety to read as follows: 11. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY CONTRACTOR and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONTRACTOR or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title.VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits 5 Packet Pg. 258 F.9.e discrimination on the basis of race, color or national origin; 2) 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; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public 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 patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from U) time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of,this Agreement. During the performance of this Agreement, the CONTRACTOR, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375,Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II,¶C, agrees as follows: 1. The contractor .will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without 00 regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices 0 to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual E orientation, gender identity, or national origin. 3. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of 6 Packet Pg. 259 other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance .of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 4. The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. CD 5. The contractor will comply with all provisions of Executive Order 11246 of 00 September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7. In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be 00 declared ineligible for further Government contracts in accordance with procedures 17 authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. Paragraph 18, TERMINATION, of the Original Agreement, is hereby amended to include the following Federal Required Contract Provisions, if applicable: 18. TERMINATION A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of service,the COUNTY shall have the right to terminate this agreement after five(5)days' written notification to the CONTRACTOR. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty(60) days' written notice of its intention to do so. C. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this 7 Packet Pg. 260 F.9.e agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with five (5) calendar days' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement. In addition,the COUNTY reserves all rights available to recoup monies paid under this Agreement,including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. U) D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience,at any time, upon seven (7) days' notice to CONTRACTOR. The COUNTY may also terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with five (5) calendar days' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured,the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to'CONTRACTOR shall not exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance,located at Section 2-721 et al. of the Monroe County Code. E. Scrutinized Companies: For Contracts of any amount, if the County determines that the 00 Contractor/Consultant has, submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. For Contracts of $1,000,000 or more, if the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba of Syria, the County shall have the option of(1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes,are met. 8 Packet Pg. 261 F.9.e 8. The Original Agreement is hereby amended to include the following identified as Paragraph 39, FEDERAL CONTRACT REQUIREMENTS, and Paragraphs 40 and 41, to include the following Federal Required Contract Provisions, if applicable: 39. FEDERAL CONTRACT REQUIREMENTS The CONTRACTOR and its subcontractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract Provisions and 2 C.F.R. Part 200, as amended including but not limited to: 39.1 Clean Air Act(42 U.S.C. &47401-7671q) and the Federal Water Pollution Control Act (33 U.S.C. §§1251-1387). Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§7401-7671q) and the U) Federal Water Pollution Control Act, as amended (33 U.S.C. §§1251-1387) and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. §§7401-7671 q.) and the Federal Water Pollution 0 Control Act (33 U.S.C. §§1251-1387), as amended, applies to Contracts and subgrants of amounts in excess of$150,000. c� 39.2 Davis-Bacon Act, as amended (40 U.S.C. H3141-3148). If applicable, when required by Federal program legislation, which includes emergency Management .Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of $2,000 E awarded by non-Federal entities must comply with the Davis-Bacon Act(40 U.S.C. §§3141- 3144, and §§3146-3148) as supplemented by Department of Labor regulations (29 CFR Part E 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a 00 wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. If applicable, the COUNTY must place a current prevailing wage determination issued by the Department of Labor in each solicitation, and same is attached hereto as Exhibit"A" and made a part hereof. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes emergency E Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the contractors must also comply with the Copeland "Anti-Kickback" Act (40 U.S.C. §3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. 9 Packet Pg. 262 F.9.e (1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts. The.contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by, appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3)Breach. A breach of the contract clauses above maybe grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. U) 39.3 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 39.4 Rights to Inventions Made Under a Contract or Agreement. If the Federal00 award meets the definition of"funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance 06 of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms 0 Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 39.5 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 39.6 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). ontractors that apply or 10 Packet Pg. 263 bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. 39.7 Compliance with Procurement of recovered materials as set forth in 2 CFR § 200.322. CONTRACTOR must comply with section 6002 of the Solid Waste disposal Act, as amendment by the Resource Conservation and Recovery Act. The requirements of U) Section 6002 include procuring only items designed in guidelines of the Environmental CD Protection Agency (EPA at 40 CPR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. OTHER FEDERAL REQUIREMENTS: 39.8 Americans with Disabilities Act of 1990 (ADA). The CONTRACTOR will comply E with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. E 39.9 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the 00 opportunity to participate in the performance of contracts financed in whole or in part with 17 COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have'the opportunity to compete for and perform contracts. The E COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered into E pursuant to this Agreement. , 2 C.F.R. §200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES,AND LABOR SURPLUS AREA FIRMS. a. If the CONTRACTOR, with the funds authorized by this Agreement, seeks to E subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include: 11 Packet Pg. 264 F.9.e i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; V. Using services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of co the Department of Commerce. U) vi. Requiring the Prime contractor, if subcontractors are to be let, to take the affirmative steps listed in paragraphs (i)through (v) of this section. 4- 39.10 The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify W system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 39.11 Fraud and False or Fraudulent or Related Acts. The CONTRACTOR acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the CONTRACTOR'S actions pertaining to this contract. 39.12 Access to Records. The following access to records requirements apply to this 00 contract: (1) The CONTRACTOR agrees to provide MONROE COUNTY, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of 06 the CONTRACTOR which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The CONTRACTOR agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The CONTRACTOR agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. 40. The Contractor is bound by the terms and conditions of the Federally-Funded Subaward and Grant Agreement between COUNTY and the Florida Division of Emergency Management (Division), which is made a part hereof and may be found at the following link: hiip:Hfl-monroecognty.civicplus.com/Bids.aspx?CatlD=l 8 12 Packet Pg. 265 . F.9.e 41. The CONTRACTOR shall hold the Division and County harmless against all claims of whatever nature arising out of the CONTRACTOR'S performance of work under this Agreement, to the extent allowed and required by law. 9. Except as set forth in paragraphs 1 through 8 of this Fourth Amendment to Agreement, in all other respects, the terms and conditions set forth in the Original Agreement, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year •a ,,'-fi st!'above-:,Witten. BOARD OF COUNTY COMMISSIONERS y 11�ttest KEU11V MADOK, CLERK 0 � OF MONROE COUNTY, FLORIDA By: By: j k Deputy Clerk Mayor rn r a rn Date: ham- iq 2 col g Date: CD d� M N CONTRACTOR: EE&G NVIRONMENTAL; SERVICET, LLC 00 Witnesses for CONTRACTOR: Signature o erson uthori ed t Signature le y bind Corporation 06 Date: 11/13/2018 !�lC eZ Carolyn Bailey,VP 0 Pri to Name and D e Print Name and Title Address: 5751 Miami Lakes Drive Signature Miami Lakes, FL 33014 E 305-374-8300 e Telephone Niunber t �LfJO A Printed Name And Date MONROE COUNTY ATFORNEY'S OFFICE elAPPROVED AS TO FORM L;■ C,i PATRICIA EABLES ASSISTANT COUNTY ATTQRNEY 13 DATE: Packet Pg. 266 F.9.e Exhibit A Department of Labor Wage Determination General Decision Number: FL180063 08/17/2018 FL63 Superseded General Decision Number: FL20170063 State: Florida Construction Type: Building County: Monroe County in Florida. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories) . Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.35 for calendar year 2018 applies to all contracts subject to the Davis-Bacon Act for which the contract is U) awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage 'determination at least $10.35 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2018. The .EO;.minimum3,wage rate will be adjusted annually. Please note,..that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1 (a) (2) - (60) . Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/05/2018 _ 1 01/12/2018 2 02/23/2018 00 3 03/16/2018 4 07/06/2018 5 08/17/2018 ELEC0349-003 03/05/2018 06 Rates Fringes ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 33.11 12.31 ---------------------------------------------------------------- ENGI0487-004 07/01/2013 Rates Fringes OPERATOR: Crane All Cranes Over 15 Ton Capacity. . . . . . . . . . . . . . . . . . . .$ 29.00 8.80 Yard Crane, Hydraulic Crane, Capacity 15 Ton and Under. . . . . . . . . . . . . . . . . . . . . . .$ 22.00 8.80 ---------------------------------------------------------------- IRON0272-004 10/01/2017 Rates Fringes IRONWORKER, STRUCTURAL AND REINFORCING. . . . . . . . . . . . . . . . . . . . . .$ 24.89 10.10 ---------------------------------------------------------------- * PAIN0365-004 08/01/2018 14 Packet Pg. 267 • F.9.e Rates Fringes PAINTER: Brush Only. . . . . . . . . . . . .$ 20.21 10.73 ---------------------------------------------------------------- SFFL0821-001 07/01/2018 Rates Fringes SPRINKLER FITTER (Fire Sprinklers) . . . . . . . . . . . . . . . . . . . . . .$ 28.38 18.89 ---------------------------------------------------------------- SHEE0032-003 12/01/2013 Rates Fringes SHEETMETAL WORKER (HVAC Duct Installation) . . . . . . . . . . . . . . . . . . . .$ 23.50 12.18 ---------------------------------------------------------------- SUFL2009-059 05/22/2009 Rates Fringes CARPENTER. . . . . . . . . . . . . . . . . . . . . . . .$ 15.08 5.0.7 CEMENT MASON/CONCRETE FINISHER. . .$ 12.45 0.00 FENCE ERECTOR. . . . . . . . . . . . . . . . . . . .$ 9.94 0.00 LABORER: Common or General. ... . . .$ 8. 62 0.00 LABORER: Pipelayer. . . . . . . . . . . . . .$ 10.45 0.00 OPERATOR: Backhoe/Excavator. . . . .$ 16.98 0.00 a OPERATOR: Paver (Asphalt, Aggregate, and Concrete) . . . . . . . . .$ 9.58 0.00 OPERATOR: Pump. . . . . . . . . . . . . . . . . .$ 11.00 0.00 PAINTER: Roller and Spray. . . . . . .$ 11.21 0.00 PLUMBER. . . . . . . . . . . . . . . . . . . . . . . . . .$ 12.27 3.33 00 ROOFER: Built Up, Composition, Hot Tar and cy Single Ply. . . . ... . . . . . . . . . . . . . . . . .$ 14.33 0.00 06 SHEET METAL WORKER, Excludes HVAC Duct Installation. . . . . . . . . . .$ 14.41 3.61 TRUCK DRIVER, Includes Dump and 10 Yard Haul Away. . . . . . . . . . . .$ 8.00 0.15 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ---------------------------------------------------------------- Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other 15 Packet Pg. 268 F.9.e health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii) ) . ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical CD CD order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local) , a survey rate (weighted average rate) or a union average rate (weighted union average rate) . Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of _ the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate 00 changes in the collective bargaining agreement (CBA) governing this classification and rate. cv Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that 06 no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that 0 classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number; 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates ate not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those 16 Packet Pg. 269 • F.9.e classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial _ contact is not satisfactory, then the process described in 2.) 3 and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: 0 Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 00 2. ) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request y review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. 0 Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION 17 Packet Pg. 270 `• F.9.e ACOORb® CERTIFICATE OF LIABILITY INSURANCE 7(MMIDD/YYYYI /11/2018 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 CONTACT NAME: Audrey Peeples The Hilb Group of Florida, LLC-Tampa PHONE FAX 3438 Colwell Ave A/c No Exe:813-636-4000 (AIC No):813-281-1086 E-MAIL Tampa FL 33614-1615 ADDRESS: apeeples@hilbgroup.com INSURER(S)AFFORDING COVERAGE NAICN INSURER A:Arch Specialty Insurance Company 21199 INSURED EE&GENV-01 C;t EE&G Construction&Electrical, LLC INSURERS:Arch Insurance Company 11150 5751 Miami Lakes Dr E INSURER C:Hanover Insurance Company The 22292 00 Miami Lakes FL 33014 INSURERD: U) INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:991152881 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR D WVD POLICYNUMBER MMIDD/YYYY MMIDDIYYYY O A X COMMERCIAL GENERAL LIABILITY Y 12EMP43870 12 9/19/2018 9/19/2019 EACH OCCURRENCE $2,000.000 DAMAGE TO RENTED CLAIMS-MADE �OCCUR PREMISES Ea occurrence $50.000 MED EXP(Any one person) S 5,000 _ PERSONAL&ADV INJURY $2,000,000 a GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S2,000,000 tm POLICY D PRO- JECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY Y IICAB92476-00 5/4/2016 9/19/2019 COMBINED SINGLE LIMITa accident $1,000,000 4) E X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS _ HIREb NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident s B UMBRELLALIAB X00 12EMX4376913 9/19/2018 9/19/2019 OCCUR EACH OCCURRENCE $3.000.000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $3,000.000 DED RETENTION$ S CN A WORKERS COMPENSATION EBWCC0000710 9/19/2018 9/19/2019 X AND EMPLOYERS'LIABILITY Y/N STATUTE EERH ANYPROPRIETORIPARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $1.000,000 06 OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 LU If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C: A Pollution Liability 12EMP43870 12 9/19/2018 9/19/2019 Claim/Aggregate 2,000000 4) C Leased/RentEquip RHJ8164753 13 6/30/2018 6/30/2019 Limit $828,600 ` tm DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe County Board of County Commissioners are named as Additional Insured with respect to General Liability and Automobile Liability. APP BY RI N NT By DA WAim CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County Board of County COmmisioners - ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton St 2-216 Key West FL 33040 AUTHORIZED REPRESENTATIVE USA �/- @ ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Packet Pg. 271 F.9.f KEVIN MADOK, CPA MONROE COUNTY CLERK OF THE CIRCUIT COURT&COMPTROLLER DATE: December 5, 2017 TO: Alice Steryou Contract Monitor FROM: Painela G. Hanco .C. SUBJECT: November 14'BOCC Meeting U) Attached is a duplicate original of each of the following, for your handling: 0 F1 Third Amendment, Second Renewal Agreement with CPI-U adjustment of 2.1% with EE & G Environmental Services, LLC for professional beach cleaning, maintenance and beautification at Higgs Beach, Key West including the children's fenced in play area/beach side on weekends.TDC is the funding source. F15 Second option to renew the Contract with Air Mechanical & Service Corp. for central air conditioning maintenance and repairs. at Middle Keys facilities with a 2.1% CPI-U adjustment. Ad valorem is the funding source. F21 Fourth Amendment, Third Renewal Agreement with Black Fire Protection, Inc. for"Full Maintenance—Fire Protection Systems". The contract amount is adjusted for CPI by 2.1%. Ad valorem is the funding source. Should you have any questions, please feel free to contact me at ext.. 3130. Thank you. cc: Facilities via email County Attorney «a email Finance i a e inail File Packet Pg. 272 THIRD AMENDMENT SECOND RENEWAL AGREEMENT PROFESSIONAL BEACH CLEANING,MAINTENANCE AND BEAUTIFICATION HIGGS BEACH,KEY WEST,MONROE COUNTY,FLORIDA THIS THI, hAMENDMENT SECOND RENEWAL AGREEMENT is made and entered into this LLff day of November, 2017, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040, and EE&G ENVIRONMENTAL SERVICES, LLC. ("CONTRACTOR"), a Florida limited liability company, whose address is 5751 Miami Lakes co Drive East, Miami, Lakes, FL 33014 and 6810 Front Street, Key West, FL 33040. U) WHEREAS, on November 18, 2014 the parties hereto entered into an agreement for CONTRACTOR to provide professional beach cleaning, maintenance and beautification, including the children's fenced in play area/beach side on weekends at Higgs Beach, Key West (hereinafter "Original Agreement"); and WHEREAS, on January 20, 2016, the BOCC approved the First Amendment Agreement; WHEREAS, on October 19, 2016, the BOCC approved the Second Amendment First Renewal Agreement; a WHEREAS. the parties have found the Original Agreement as amended to be mutually beneficial and; WHEREAS, the parties find that it would be mutually beneficial to enter into this Third Amendment Second Renewal Agreement; now therefore; IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. In accordance with Paragraphs 3 and 4 of the Original Agreement, the County exercises the option to amend the agreement and the amount shall be adjusted in accordance annually with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics at December 31 of the previous year of 2.1% with payments increasing from $11,322.37 per month to $11,560.14 per month; from $135,868.44 to $138,721.68 annually; and from $705.47 per hour emergencies to $720.28 with an effective date of December 1,2017. 2. In accordance with Paragraph 4 of the Original Agreement, the County exercises the E option to renew the agreement for the Second of (3) three optional (1) one year periods. This renewal shall commence on December 1, 2017 and ends upon November 30, 2018, unless terminated earlier under paragraph 18 of this agreement. 3. Except as set forth in paragraph 1 and 2 of this Third Amendment Second Renewal Agreement, in all other respects, the terms and conditions set forth in the Original Agreement as amended shall remain in full force and effect. Packet Pg. 273 . F.9.f THIRD AMENDMENT SECOND RENEWAL AGREEMENT PROFESSIONAL BEACH CLEANING,MAINTENANCE AND BEAUTIFICATION HIGGS BEACH,KEY WEST,MONROE COUNTY,FLORIDA ON `TNESS WHEREOF, the parties hereto have set their hands and seals the day and year ' first abo�e,writ en. " BOARD OF COUNTY COMMISSIONERS id. ,Attests KE'IN MADOK, CLERK OF MONROE COUNT , FLORIDA Byz By: Deputy 6lerk Mayor co U) cm Date: t f, 'j01 1-7 Date: Om,,&. �, 7 CON ACTOR: EE G NV Q ENTA R ICES, LLC Witness s f/CO. RACTOR: Si at 'ure f 'pe on aut rized to gnature ally b d Corp on Date: /[L7 ° Iv ) , 0--C�X-Printed Name:!:! to Print Na ne an 'tle Address: S'�.natur Telephone Number to Printed Name and DatL- w MONROE COUNTY ATTORNEY APPROVED AS TO FORM CHRIS AMBROSIO Y �' W _ A ASSISTANT COUNTY ATTORNEY tj w 40 Date: c� � Xv =1xi u w U �- c,4 c, MONROE COUNTY ATTORNEY Cs r— em OVED A TO ORM iz CHI AMBROSIO ASSISTANT COU Ty ATTORNEY Date: Packet Pg. 274 F.9.f ECOSG-1 OP ID:AP 'mac®a CERTIFICATE OF LIABILITY INSURANCE OATE(MM/DD/YYYY) 09114/2017 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 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 NAMEACT AudreyPeeples The Hilb Group of Florida LLC PHONE FAX 3438 Colwell Avenue A/c No. o Ext:813-636-4000 we No: 813-281-1086 Tampa,FL 33614 AD RIESS: Tom Burgess C INSURER S AFFORDING COVERAGE � NA1C H INSURERA:Arch Speciality Insurance 11150 INSURED EE&G CONSTRUCTION & ELECTRICAL INSURER B:Arch Insurance Company LLC INSURERC:Hanover Insurance Company 01386 5751 Miami Lakes Dr.East U) Miami Lakes, FL 33014 INSURERD: INSURER E: INSURER F: O 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. INSR ADDL SUB TYPE OF INSURANCE POLICY EFF POLICY EXP LIMITS LTR IN SD POLICY NUMBER MMIDD/YYYY IY MMIDDYYY (� A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 6AMTGE"f�R � CLAIMS-MADE ITI OCCUR 12EMP43870 11 09/19/2017 09/19/2018 PREMISES Ea occurrence $ 50,000 co X Pollution Liab 12EMP43870 11 09/19/2017 09/19/2018 MED EXP(Any one person) $ 5,000 _ Claims Made PERSONAL&ADV INJURY $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $ 2,000,000 POLICY FK JECT LOC PRODUCTS-COMPIOP AGG $ 2,000,000 E OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 5 1,000,000 0 Ea accident B ANY AUTO 11 CAB58239 10 09/19/2017 09119/2018 BODILY INJURY(Per person) $ ALL OWNED X SCHEDULED BODILY INJURY(Per accident) $ . AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ X LL HIRED AUTOS X AUTOS Per accident UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 3,000,000 B X EXCESS LIAB CLAIMS-MADE 12EMX43769 12 09/19/2017 09/19/2018 AGGREGATE $ 3,000,000 Iq DED I X I RETENTION$ none PER OTH• $ WORKERS COMPENSATION X AND EMPLOYERS'LIABILITY STATUTE ER _ B ANY PROPRIETOR/PARTNER/EXECUTIVE R/MEMBER EXCLUDED? Y� NIA EBWCC00007 09 09/19/2017 09/19/2018 E.L.EACH ACCIDENT $ 1,000,000 OFFICE (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 It yes,describe wider 1 000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ , A Professional Liab 12EMP4387011 0111112117 01111/2018 Claim/AGG 2,000,000 0 C Lease/Rented Equip RHJ8174753 06/30/2017 06/30/2018 Limit 828,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) Monroe County Board of County Commissioners are named as Additional Insured with respect to General Liability and Automobile Liability. CAP OV RI N GEMENT BY T WAVER /.A _ C CERTIFICATE HOLDER CANCELLATION MONRCNT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County Board of ACCORDANCE WITH THE POLICY PROVISIONS. County Commisioners 1100 Simonton St 2-216 AUTHORIZED REPRESENTATIVE Key West, FL 33040 --z ©1988-2014 ACCORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD Packet Pg. 275 apt F.9.g SECOND AMENDMENT FIRST RENEWAL AGREEMENT PROFESSIONAL BEACH CLEANING,MAINTENANCE AND BEAUTIFICATION HIGGS BEACH,KEY WEST,MONROE COUNTY,FLORIDA THIS SECOND AMENDMENT FIRST RENEWAL AGREEMENT is made and entered into this LCt� day of October, 2016, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and EE&G ENVIRONMENTAL SERVICES, LLC. ("CONTRACTOR"), a Florida limited liability company, whose address is 5751 Miami Lakes U) Drive East, Miami, Lakes, FL 33014 and 6810 Front Street, Key West, FL 33040. WHEREAS, the parties hereto did on November 18, 2014 enter into an agreement to provide professional beach cleaning, maintenance and beautification, Higgs Beach, Key West, including the children's fenced in play area/beach side on weekends (Saturdays and Sundays). Monroe County, Florida, (hereinafter"Original Agreement"); and WHEREAS, on January 20, 2016, the BOCC approved the First Amendment Agreement. WHEREAS, the parties have found the Original Agreement and First Amendment Agreement to be mutually beneficial and; WHEREAS, the parties find that it would be mutually beneficial to enter into this Second Amendment First Renewal Agreement; now therefore; IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. In accordance with Paragraphs 3 and 4 of the Original Agreement, the County exercises the option to amend the agreement and the amount shall be adjusted in accordance annually with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics at December 31 06 of the previous year of.7% with payments increasing from $11,243.66 per month to $11,322.37 per month; from $134,923.92 to $135,868.44 annually; and from $700.56 per hour emergencies to $705.47 with an effective date of December 1, 2016. 2. In accordance with Paragraph 4 of the Original Agreement, the County exercises the option to renew the agreement for the First of(3) three optional (1) one year periods. This renewal shall commence on December 1, 2016 and ends upon November 30, 2017, unless terminated earlier under paragraph 18 of this agreement. E 3. Except as set forth in paragraph 1 and 2 of this Second Amendment First Renewal Agreement, in all other respects, the terms and conditions set forth in the Original Agreement remain in full force and effect. Packet Pg. 276 F.9.g IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year Ii l~rotten. BOAR OF COUNTY COMMISSIONERS st AV]LIN, CLERK OF MONK. ' �Y ��" RI�l` A ,� m By: N4ayor Date: Date: co U) WITNESSES for C0N ENT �G'� "T" ► " �� E E & G ENVIROM AL cm SERVICES, �L rr 0 SiZ11 tu�e� t�s r u�t��� rt red to le IC bind 'Pum ail v Date Print Name . co _W Address: ., t(A� 3 Si nature Telephone: Date 06 r � cv Packet Pg. 277 F.9.h FIRST AMENDMENT AGREEMENT PROFESSIONAL BEACH CLEANING,MAINTENANCE AND BEAUTIFICATION HIGGS BEACH,KEY WEST,MONROE COUNTY,FLORIDA THIS FIRST AMENDMENT AGREEMENT is made and entered into thi play of January, 2016, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and EE&G ENVIRONMENTAL SERVICES, LLC. ("CONTRACTOR"), a Florida limited liability company, whose address is 5751 Miami Lakes Drive East, Miami, Lakes, FL 33014 and 6810 Front Street, Key West, FL 33040. U) WHEREAS, the parties hereto did on November 18, 2014 enter into an agreement to provide professional beach cleaning, maintenance and beautification, Higgs Beach, Key West, including the children's fenced in play area/beach side on weekends (Saturdays and Sundays). Monroe County, Florida, U) (hereinafter"Original Agreement"); and WHEREAS,the parties have found the Original Agreement to be mutually beneficial and; WHEREAS, the parties find that it would be mutually beneficial to enter into this first amendment agreement; now therefore IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. In accordance with Paragraphs 3 and 4 of the Original Agreement, the County exercises the option to amend the agreement and the amount shall be adjusted in accordance annually with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics at December 31 of the previous year of.8% with payments increasing from $11,154.42 per month to $11,243.66 per month; from $133,853.04 to $134,923.92 annually; and from $695.00 per hour emergencies to$700.56 with an effective date of December 1,2015. g, 2. Except as set forth in paragraph 1 of this First Amendment Agreement, in all t.ha respects,the terms and conditions set forth in the Original Agreement remain in full force and effect. 9 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and cart 06 tcn. BOARD OF COI1 T' COMMISSIC�NE ,S E e� , VILIN, CLERK OF MONROE I� Ol' l'D 0 . W *� — C -'Ierk Ma or O 2 �� Z J� I(p Date: M ._ WITNESSES for CONTRACTOR: E E `O ' @Vl ) 1EN°fA , I ft I ,�,5 LLC E W ..._ ..... M rNr arolarr� aa�4 C) rrd 4as�ll bin_. .� <..r�maoar 1 .M rn E r Print Name it, Address._ iigrnr�ree Telephone: Date . � ::....C� ,.�...... _... Packet Pg. 278 U) Bit) ANVARD AGREEMEN'TFOR PROFESSIONAL BEAC 1-1 CLEANING, MAIN'rt,NANCEAND 1114"AUTIFICA"HON HIGGS BEACH, KEY WEST, MONROE (70UNTY, FLORIDA 0 This Agreement is made and c.,,titered into ihis, as of, ', 2014, ....... .......... ............ between MONROU" COUNTY, FLORLDA political Rlb' division ofthe 'State of' as Florida, wh()se address is 1100 Simonton Street, Key, West, Florida 3304.0, and LEM; EAVIRONMENTAL SE I RVICES, IjA-'. a [',Iorida hinited fiability conipany, m4toseaddress is 5751 Miami hakes DHve East, Miami, L,,.ikes, FL 33014 wid 6810 Frow Street, Kc,,y C Wcst., 11, 33040 0 W E HU"REAS, C01JNTY desires to provi(le profi,,�,ssional beach cleaning, 'a C imaintemance and beautification sery ices at Ifiggs Beach, Key West, Monroe Count, Florida, and 0 E WHEREAS, C10NT'1?,,A(.'T0R dvsiresarid is able to provide prof' .;sional beach cle,,arling rmain tema rice and N."a kit i fi cation serviccs at lliggs Beach, Key West, Mmiroe County, Florida, U- and C WHEREAS, it servcs as fegidnutt(° PUblic J)Urpose f6r CONTRM."Y(M to provide prot'essional 1-rcach c1caning, inaintenance aaand beaUtitiCation scrvices al I figgs Ileach, Key West, Monroe County, 11orida, now thercibre, IN CONSIDERATION Ofth(! MLMuM prornises a,md covenants coidaincd hcrcin, ft is U) agrced as foflows I 'i-HE AG'REEMENT The Agn.unent consists of this document, the bid docunierus, exhibits, und any addenda only. as .2 2. SCOPE OF '111E WORK: as This proj(�-,ct rC(jUj1-CS th(! 111111ishin f' a g of labor, auterials, C([Uipment, N)ols, Iransportalion, services, incidentals, all DP. and the Ariny Corp. I'ngineer's requirements and permitting, C and the perfiorming ofall work necessary in accordaricc with 11-ic spccificationsas ffillows, E C A. Required Services- 0 C The, re(quired services to be pertormtxf by flue C'mitractor shall be to clean and w maintain ffic enfire, length and width ofthe designated J)Ulflic, beach areas froin 1he waCerscdge to CD the, cuib or nearest cIdge offlic pavement of the public, road ne, arest to and paralleling ffic w w beac.h area i11C1U(fit]g fhC Mva bctween the Whitc Street Pier and Wem Martello To);Vers, seven C days per wcek, weather wul/or environniental condifions perniffling and for the, flcnced in 0 E childrens' pkay, area on 1he beach side on weeke.nds, (SItUrdays and Sundays), See f'�'xh�Nt aitached fi-)r a trial,) detailhig the beac1i c1eaning, area dirriensions C."leaning and maintarriing includes (haily seaweed and tra'sh rcnloval by the contractor, Proper disposal ofsez�twee(j si-1,111 bc dw con(ractor's responsibifily, ("leaning and rnairitaining of the bc�ach arezi is to be conipleted by 1),30 zun, I figgs, Beach RlUst be cleaned USillg UIC BLuach 1'ech 3000 machinc or an equivdent (to 1'.)e determined by flic depaj-h-new head), C 0 E Nd Awwd Agmement d 130CC November 18 20,14 I Packet Pg. 279 U) The contractor shall rnzlilaahl all work areas Wiffiifl MId OUb,'ide the 1,)roject bouridaries 1'ree From any environmemial pollution Nvhic1i WoLdd be ill violation ol' any fixienal, st,ale, or, local regUJ,'.1tiOr1S, E 0 All debris, tr-ash and seabgralss reul-ioved froin the beach shall be proj.,)erly disposed of rat an apl,')roved landfill and/or transfier statiOM The contraclor shall provide copies of all durnp tickets with the monthly jjjw,oice for the County's recon.1s, Work is Hkely to 1�)e iffflUeflced by the tides. Thc li(Jes, can have an effect earl the timing �and work schc(lule, No cxtra 4;1ainis shaH be made for the tide s or I"Or oth(�r natural w,veaffier conditions, The ("ontra.clor will coordinate the beach cleaning action With the FI)F"P, Office C of'Beziches &, Coastal Systems, t,o enSM-e that the experfise and ("Werall (Jesires of the Depailment E with respect to beaches and shores are itlCqUded in th(�w everyifity, cleaning operation, all irt C acc,ordanc,e with the requirements of(I"hapter 161, Florida SUIIUCS. E Fhe Contractor slu'di obUn and m aintain all necessary permits and approvals ,md shall comply with all f6dcraf, state and local laws, and regulations concerning the subJect matIer offfie Contract F)OCUnients, C B. Alert. The N/Ionrcw County Board (,if" Couwy ornmissioners has l)each a,leaning rej,gulations in the Monroe Clounty C'ode, Char)ter I", Article IV, regarding protection of, sea turdes (attached), The Contractor Shall USC its best cff'orts to observe and to immediately notil'y thc Sr. Director (if' Lower Keys Operations of'any sea turtle riesfirig, attempted nesting or- crawl U) activity in the contracted areas, The Contractor shall also coordinate and cooperate with, State P Agericies and sea turtle conservation groups during lurfle nesfing season, No beach cdeaning area vi6es shall u:ikc pdace dUring A,pril 15 through ()ctober 31 until Save.-a­TUrtle representatives and/or the C(,�)ntraetors C'erlifted Turtle Inspector, have Nasal d the beaches, U) as C. Mechanized Equipment: F"ach vehicle utilized on the beaches shaH Niave sufficient fi n workin�g area. 1°ach vehicle ufilj:!wd on the bc�ach shall bc, identified by a registration number, I C which has been assigncd b.),, the "Istate of' Florida, All mechanized cquipint.ml that will I.-)e as E transporting debris, Irash, Hiter, seaweed, sand, and reflise to a disposal sit', or to and From the C 0 beach areas, shaH be, regiswred wiffi the Florida Departinent of Highway SaftAy and Motol, > Vehicles, and sh,,dl be encloscd or cople mtely covcred to preveril discharge, All vehic Ctes W transporting dcbris or equipment shall travel along irmor'� arterial roads. Residential roads or CD strects may not be used, except WhCrC no other ine'ans of"ingrcss and egress are availat-yle. W W The Contracwr shall SUbmil technical data of all beach cleaning e(JUipinent 1`61, C 0 review and approval by the Lower Keys Adniinistrator e'A' Buildings and Parks & Be�aches. Tbe E ClCM1r11g PI'OCeSS ShOLdd not rernove signi ficant arnounts (if"sal)(f fron-1 the beach, as D. Debris, Trash all(I Litter Removal, a. Debris, trash and lifter rcn-toval, w()od, plastic, glass, Paper, lar, pine nk.xxfles, I'mIrn fronds, coconuts, tree lirrlbs, metal obJects and (ither fbmy�is of debris, uush and < litter depositcd ma the beach b 'a y the occan, or by batlWf' US,'1gC:°, S11,111 be raked Lip and removed to M that disposal site on a daily Nasis, 4i C 0 E Nd Award Agreement 2 BO( Novernim- t 8 2C)14 I Packet Pg. 280 li, T'rash Removal, Fixed or tirasti containers of an nature; rOLH'Id square, wood, or nietal, provided by, tlw County diat are locafed anywhere on the sand and award of1he curb or edgc offfie 1,)avernent offlic nean at road paralleling the Beach aarea, shall be empti(,A and hauled to disposal site on a &,aily basis. Contractor is responsible to prc)vide all 0 E trash bags for the containers provided by the County, 0 iii, Trash floating in lhe water behind seaweed shall adnµo be removed per F regulations, CO Scagi-ass: T'he Contractor shall rakt.,- up all seagrass including the Ede IeM strand line whenever located on the beaches and haul 4 to the disposal sile-, The Contractor is responsible C 0 filrdisposing of"'scaweed in Such a nuirince r WhiCh VVOUNI not be in violation of any federal, state, E or local NgUhlfions, 'a C 0 E When sea,weed rack is, greater than 10" in depth, the coninactor shall use arr initial < (,de,aning method to supplement the firud Beach Tech cleaning [,fnler°geney Set-vices: The Lower, Keys Adininistratc� r of" Buildings a,nd Parks & Beaches shall contact, C the Contra(,,,tor imaiextialely when an enicrgency call is needed,, 'I"he (''ontractor shall also notify the L,ower Ke s Adininistrator 01" BUddings and 11,'As &, BeacAles at 30 5-292-4431 immediately 'Y in the event ol'a flacflity emergency. The 'omractor shall respond te6 all cmicrgency calls which OCCIM during nornial working hours and holidays and weekends within three (3) 11OLUS Of CO notificalion b U) y the COUffly. "I"he Contractor shall invoict� the, C.ounty for aRer-hour, weekend and 0) h(.�Aid,ay emergencies based on the applicable hourly rate indicated in the contracl, C, llazar,d Management: The ("ontractor agrees to provide such hazard manageffWflt scrvices, as the eej Owner's represeritative rnay n,,,quest. The C'on�ractor agrf,,Vs to be available f6t,the perf"61-ming of' SUCII SCI'ViCCS 011 arl CfTWI-l.a,C icy, basis and shall respond to the request fiv the correc6on ofstxh hazardOUS COII(fifiMIS, Within ,1. 24 hour period, such services shall l)e at additional hourly costs as (n established by the Bid Proposal, and include, but are not lirnited to,, the shoring of crodin�! and C deteriorated walkways by moving fill into place around thern, grading, stortri-cul e,a;carpmerits and 0 E removing threatening debr�s, Foreign nimerial in exccs,,; ofone, Ion which inust be lifted at once C is excluded firom the C'ox&,ac t or's responsibility, 0 C W I.I. Pi-olection of Aix- Quality CD The air pollution likely to occur due to contractor's of,)erations shafl be mintrylized W bY, re(jldl�illg the LISC Of properly ol')eratint., cornbustion emission control devices on contractor's W vehicles and cc au)rnent, and by encouraging the st-nadown ofmotorized equij,,.nnent 110 10MIlly as C E as Trash burning will not be permitted OtI tIIC C0J1,S'b'UCIIhOIN Site, 1. Exosion Conty-oland Beach Repair: The Con(ractor shall possess eLjUijIMCM Cclpa,Ij)�e of'providing certain beach repairs and erosion controt measurcs, The L.6each is frorn 6rme �(,) trine, in need of cvruain measures for crosion control and repair und, accordirq,Iy, the Contractor agrees to provide, the fidIoNving C services Io the extent ofn.,asonable (,,AipahHity, 0 E Nd Awwd Agireement 3 B0CCNmmnhcr 18 2014 I Packet Pg. 281 U) i 13,ackfilfing of washOWS, particularly at thc� foot of any stairs or entrance ways. as ii" (irading ofexcess sand deposits, 0 di. Griding of deep sand ftw:ows and escarpments, to as nmre casily rimigated slope. iv. Adding sand to and gradirqw, around beach strUctures. ing sand provided by the 'ounty to replenish sand poss due lo V, S storms and/or erosion, V,i. Periodic placing and spreading sand on the beaches as directed by the C Dircoor of Laver Keys Operatios, 0n E 'a 11. Erosion Control: C The lo nlaint"till dl(',, Contour ofthe Beaches agaiw�;l kirther wavc E action, and lo maxii-nize dw Usable sand.y piortion of the beach f6t, re-crealional en' Y�)Ymellt, K. Hurricane ("onditions: III the el/Cllt as IlUrricanc, major slorum, or act of' God deposits a,lnusual and C excessive aniOUIAS of material on the beach, and the Owncr"s representative reasonably agrees lh,at such deposit-s are indeed excessive, the Contractor shall respoml to the owvn(.Ts reqUest withill twe'rity-f our hours of notificafion. L Attomey's Fees: U) cause COUNTY and CONTRACTOR agre e llufl in the even( am of action m adnfinist.rativc proceeding is initiawd or def'ended by any Imi-ty relative to the enf'orcement or interpretation of this Agreernent, the prevailing part,Y, shall be enfided to reus(,mable auorney's fices in both trial and appelkae prm.,X.�edings. 11'ach party ,agrees w pay, its own coin't. costs, U) investigative, and out-of-pockel exj,)enses whether, it is dw 1,wevafling party or not, through aII 4) levek ofthe court system. M. Submittals- C SUbmittals are required tbr the f6flowing': 0 E C i. Beach Tech 3000 or equk/alenl (as approved by the Sr, ll)ireclor) - daut sheets 0 ii. Schedule > C ifl. 1�lorida Deparuncrit of Envirom-nental Protection., Office of Bcachs.^,,,,, & w CD Coastal Systerris 13each Cleaning Permit w 06 w i\/. 1ront. Und Loader with long, pronged buc�,et C N,, Dunif) Truck 0 E vi. Beach filling conlractor mul eqUi[)nle*jlt vii,, Seawced disposal plan C 0 E Blid Award Ag�eernent 4 BOCC November 18 2014 I Packet Pg. 282 U) Sec, 13 6 Definitions. (a) AcIl'aclent walcws means lma(ers abLM41 , ar Ilesting area and exteriding three hundred (300) 0 E feel tot either side ofil, and out to cither 1hree hundred ('300) yards offshore or,the Jimits of the as property fine, whiche,v'er is furthc r, (b) ArlificIal li,5,ht or artificial lightitig means the fight enianating trom any muin--rnade or man.-controlled devicc, (C) Becich mcans the zone ot'Luiconsolidated material 1hat exterids landward from the Mean low-water fine to the place where there is a irkcd change in matexial or ph siographic-, flcwrn, Y or C to the finc of'permanent vegetation, usually the eff�c,,fivc hrn�t of'storni wIlIves, E 'a (d) Beach berin mc aris a barc, sandy shorelitie with a nuxind or ridge ofunconsolidated sa,nd C as that is irnrne(fiatOy Jandward of, and usually paraHel lo, Ow shorefine and beach, Thc sand is E calcarei)LIS matcri,,,d that is the i"emains oft-narme organisms, sWxh as corals, algae and mcflluscs, The berm inay include forested, coastad ridges and may be colonized by hanunocI, vegetation. (c) Bt� Ope bulb rneans any yeHOINC010N(I il'ICWICI(.,�,;cenf light bulb, riot to cxceed twenty- five (25) watts, flIat is triarkeled as being specffically treated in SUCh, as way so as to reduce the C attraction ofbUgS tO thC lighl, (f) C'unuvlatively illtaninate(I ineans, HILMlinated by manerous artificiat light sources that as as grouj-') illurninate any Portion of the beach, (g) DaYlight hours mearls the locally eff(I.-cli've fire e period between s,arrise and sunso cmU) ( .LM h) 110tchling means any species ot'n-wrinc Ri ftle, within or outside ofa riest that has recently Z: halcJhed fi'orn an cgg, 11114,11'rectlY illuminale(I Imams illmninated ,xs, a result of the glowing efement(s), lanip(s), globe(s), or re0ector(s) ofan 'ztrtificial light Source, which SOUrCe iS not diredly visible to an as observer on the beach. durisdictionc.il boun(laries, sea, furfle prolection, nieans the area on configUOUS land ( within ffirec, htindred (300) f�et of an identified or potential nesting area, C 0 (k) Allech art ical beach cleaning T-neans any inechanical ineans by which det)ris, incIudingbw E C nW restricted to trash, litter, scaweed or scagrass wrack, k removed from the beac]"I, 0 C ('I) Nest means the area in and around a place in which daea turd eggs are naturally deposited W or relocated bencath tire, sediments of the beach, a 06 W (rn) Afes/ing area nicans both idenfified nesting areas and pownfia] nestilij,' arcms. W C (n) Nesting aree-.i., Wera�fietl means any area where sea tUrf JeS haVC been or are cLirrenfly as E nesting., and ffic a jaccnt 1ieach or other interfidal areas tised f6j, accc-'ss 1,-)y the turtles, (o) Nesling area, polential tricans any area whcre scar tuffle crawls have been observed, (p) Neslin ,,season triearrs the period from April 15 through October 3 1 of'each year. (q) Permiltetl aarctdarut rf the stale rneans ,:my (jualified indivich.W, -oup or org gi anizatim )ossessing a I.vi-mit 1�roixi the Dcpartment of Ultivironmental PY olection Io condUd UtiVifiCS related to sea turtle protection and conservaO I cm, C 0 E Bid Award h reement 5 OX",("Novem ber t 8 2014 I Packet Pg. 283 S'ea iurtle( mearvi an the 6 U)y specimen belonging to spe,, es CareHa caretta (loggerhead Cm Ids-de), Chelonia mychis (green turde), Dermochelys coriacea (leaffici-back turfle), F'retnao(:,helys P irribi-icata (liaivk,sbillf,t.ur-tle) or ,,tn'Y otll(,'r,iiiLi�ii,ue tturtl(,.' u.,usitagM(,)iii°oeCotiiitybeacti'es a�,,� ,ttiestii-ig habitat, 0 (s) Tinit:,dglum, rzicans any lOass which" (a) has been treated to achieve an industry-ap roved, p inside-to-outside light transmittance value offiorty-jjvt! (45) percent Or less (such transmittance is rneasured as the percenLige ofvisible fighl dual is transmitted ffirOLIgh the glass), (b has at minimurn five (5) y(.-,a,r warratlty fi-,ur tlyd., level offight transrnmance, specified in (a) a[')ove, arid (c) has l,)erfbrmance cWnis which are u,uulal.aoratcdl by apprmed touting pr( Wedures and docurnentation, (Ord, No, 8--1994, § Oni, No, 10-1998, § 1, 3-l 1-98) C 4) E Sec,1'1.-62. Prohibition ofactivilies dis� U tive to se��.,i lurUes. 0C —r—P. E (a) Prohibition qfhorsektck ricling,, campfirc,s, and vehictilar fic. Horscliack riding and canipfires shall be prohiHted on nesting are us during the nesting season. Vehicular Iraffic sh,,,ifl ako be prohibited on nesting areas during (fie nesting scason except fior ernergency and hAw enforceinent vehic lc's, vehicles perrniVed on the beach fi')rmarine turtle conservalion or research, or vehicics used 1`dur lrea(.,,h cleaning in compliance with ,,ection 13-,65, ".0andards lour rnechanical beach cleaning, (b) Prohihiling, ,storage or placement muleried in the nesting area The storage or ca pkicernent sal any material SUCh ZIS [)MI10t, firnited tO C011SU'LICti011 nmteriai, rij,-)-rap, trash and dk:lbris, mulch or other organic, rnateriz'fl, Jandscaping rnatet-411, fill., vefdcles, or 1-,aoals, that has U) 0) POW.11fial to inipede movement ofhatchlings or adults 1,,�etween ocean and nesting areas., or, thut P rmay cover existing ncsts or nesadsting sites � slriclly prohibite(I (c) De velollnne tit All development shall be seat back as minirnum offill), (50) feet Croni any -j area which serves as, an adiv,C or potenkal nesfink ,�, area for in;.uine turfles. The fifty (50) foot setback will be crud ,,,mired f'rorn the latWward We ofthe njost landward beach bemi or frorn, fifly ('50) fuet hindwa.rd of mean high water (NdIM), whichever results in the smaller to:,Aal soback. Fhe niaximuni Mal s(-,tba(,,,,k shall be One hundred (100) feet from MI IW, (n C 0 (Or(L No, 8� 199,1, § 2; Ord, No. 1( -1998, § 1, 3-11-98) E C 0 Sec, 13-63. Standards for exterior atli ficial > C W To prevent exterior arfificial lighfing from flfuminzo rng tad Juris(,lictional boundaries or act'lacent CD 06 Nvaters during the nesting season, the fbllowinu, rneasUT'CS ShaH be la ken to re(Juce or elim nate W W the negative cff6cts of new or existing artificial lighting, C 0 (a) E'xterior artificial fight fixtures within direct Hnc�-of-sight ofthe beach shall lie designed, E pos,itioned, modified, or removc�d so that: (1) Thc point sourcc,, o lit fit Or any rcile.chve surfq'Ace of,flw light fixture is not directly visible firom the beach, (2) Thc ar(,�wa within thejurisdic;tronal boundaries is nof directly, or indirectly illuirdnated, (3) The arca withill thca C jj�j�isdictional 1.)oundarics is not cumula.tiv,ely illuminated. 0 E BW Avwud Agreement 6 BOCC November 18 2014 Packet Pg. 284 (b) Mc amues such as but not Hinhed to Ore fi)Howing shfll be taiken to redUCC or eliminatc the negarive efIcts of new or ex6firig artificial beachfiront lighring dirough appvpdale deAFI: (1) Positioning of Anurs so that the point source of fight or any reflective surface of 4- the fight Hx1twe is eHndnalm] or is no longer visible ftorii the beach, (2) Replacernem or fixtures haWng an exposed light soume with fixi ures containing rece,ssed fighl sourk:;es or, shields, (3) Replacement ortradidonal light HIM Wth yeHomv big type WE not exceed5g, hveray-Ave (25) mmUs or iow-pressurc sodiL1111 vapor Ilanlp s, (4) Replacement of iumi-direct&nai Abires with completely shielded directional Mums that point. down and awa.y fiotn the beach. EE (5) Replacement of fixture having transparent oftranslucerM coverings widi fixtures S_ 0 lmvhg opqueshields cov(;arjng an arc ofat tezisl (MIC JIUDdred eighly (180) degrees aild E cxWndhg an approprime Atmwe bidow the Mom edge of Te Mure on We seammzd side so that the Ught, SOUrCe or any, refl,(,ucdve SUH11CC OfUIC light fixture is not visible fron-i the beach, U- (6) Replacement of pole lamps whii low-proille, low-level luminaries no higher than In forty-eWht (48) inclies AIM ground such as lc:w-n"nndeci wall fixtures, to bollards,, and S_ growiddevd Houres, so that the light souret: or any Weedve Mwe arse iigfit fixture. is not visibit! Urn the beach, (7) Replacement orincendeseent, lluoresceriQ and higlyinteimity ligiving with the IOU lo"m wauaiga low-pressure sodiurn vapor lighting possRile lor the specHic applicathn. (8) 11anting or hmpnwement ofkuidscape vegetation in c,,ornpliance vVith the land development regulations (chapter 15145 enOrminiental design criteria) between the fight owurce and die beach to screen lighl From, Ihe beaeE (9) Unstriwdon or gmwnd Imol Wmers in corrijAhince with the land deveh4mment reguMons Qqwr 15-345 101hunmenUd c1csign criteria) Io sldeW light SOUrces frorn the beach, (I U) JAWation ofemerior lights used exprusly Or My or security PUrposes, Any SUCh lighfinj,2, allowed must contbrni to the measurt, ,-, set forth un Us Won in Wer to reduce or dhiainm negmNe MAN on sui MMUs. E 0 (11) Pennanent renwval of all floodlighM, uplWitts, or spMighIS used f6i-decorative or 2 zwcaa PUMOWS, W Ca (12) 11rawnent removal or dkabHng of any-Axtum which cannot be twoughl ink) 06 W COMMince will the provisions ofthese standards, W (13) Shielding or =Iificalion ofany exkOng ljhw(J Mgn punuant to the land as E developimcnit regulalkmrs (Wiapter 15-345 env Ron menta I design crhcrh) such AM at is not dirc,cfly visdfle ftorn the beach, (Wd, No. 8-1994, § ?t (W No. 10-1998, § L 3-1 1-98) To prevent intahw MeW liglaing Wn ilhuninadinig thejUdSM(MMI MUndaries oracijacenl Mitel'S dUfillg?,flIC DeStirlg SCaISOII, MCWS'Ures sucl-i as bta not Anhed to the fbIlowing shall be taken E 7 130 X N Noven"'Th Or- 18-2 6-t4. I Packet Pg. 285 U) to redtice or efirrrinale, [he negative effiecis ofn ew or existing interiol, lig ill ernanating from doors andwhidows� 0 (a) Interior arflficial fighting within direct line-of-sigh�, ofthe beach shall be desigmd, posilionc,d, rnodilled, or removed so lhar� E 0 (1) The point sot irce of light or any reflective SU`,',jce offl,ie fight fixture is not direi,,:tly visible from ffie bea(,J-i. (2) The area within the jurisdictional boundaries is not directly or, indirecily CO illuminated, (3) Ibe area, within the jurisdiclional bOLUICLU-ieS iS DOt CLUM.,flatively illuminated. C (1)) Measures suc h as but not hinited to the tifllowing shall be taken to reducc, or efirnina 0te the E iVetects o nw orexistingineriorbezihrnt htin ' Uh opi anega Tf h C 0 E (1) Use of'window lre.atnienis sw.-,,h as blackout draperies, shade-screens or blinds to shield interior lights fi-on-i beach, (2) Installadon ofnew windows rnect the standar,ds, for fiat glass or, f6l, existing windows, an appfication of window finf, or film that imeells the standards for tinted gg,laaasas, C (3) Turnng calf call uoineccssary iritcrior lights. (4) Arrangement oflanips and other inoveabic light fixtures away froin, windows. (5) Appropriate interior c1csign to efirninate overhead lighfirigm/hich could ffluminate the nesting beach, U) 0) .LM (6) For ne", construchon, within hne of'sight ofthe he,�ich, IiWed glass shall be Z: installed on all windows and glass doors of"sirigle-or niulfi,st.ory struclareas. (Ord. No, 8-1994, (t 4, Ord, No, 10-1998, § 1, I.l 1-98) .2 Sec, 13-65, Standards fior mechanical bea.ch clean' All mechmical bcach cleaning activities designed to re-triove debris from the Ili or C redistribule debris on the through the use ofrnotorized vehicles or rAher rnechanical mearls 0 E shall (,,,omply "lith ffie R)Howhig sUindards� C 1 0 (a) Tbning Beach cleaning shall be confirwd to dayfighl hOUrS (JUVilIg 0-IC, nesfing season, > C W (b) A46(le r:t(y)erations: Dtiring tfic nesting season (April 15 through October 31 06 (1) Beach cleaning, operations, shall bl,„ Jiriiite(] to the area seaward ofthe strandW fine W (,)revious high fide mar). C 0 E (2) Light-weight motorized vehicles having wide, low-prOlik,", I ow-press ure, tires, or as hand raking shall be used to (.011dLICt heach c1caning opk,,radons. 2! (3) DCViCCS Used for removing dcbris ft,om th beach shalt [.)e designed and/or 2 open,m,ed such fliat t1rcy (to n(A penetratc lvach substraG,e by more than two (2) inches. (4) Operators sNfll bc, edLICIled to idenfif'y a sea turt.1c, cniawl Ourde tracks), recognizc and avoid a sea turtle, nesi, rep od nests and/or crawk to a pennitted agent of the state, M 4i C 4) E ........... . .........tars dared Agreernent 8 BJOCIC NoveMber t8 2014 I Packet Pg. 286 U) (5) All excess raked material nILISt be removed frorra the beach ,,and disposed of 0) prol')erly or stored in an upland area as approved by the director ofenvironniental resources. .® Wkh special appn)val from [lie director ofenviromnental resources and the state departnient of environmenU protection, firnited quarififies of organic, materia ay l m be incorporated into the 0 substrate in order to enhance (lie beach/berrn system, (c) CoorWination ol'beach cleaning (:a e)-afions All beach cleaning operations shall be coordinated �sliu�aa�;���",a01" gtemsrtur tese col,)erahons do not interfere ith state-sanclioned scientific, SUINCYS of sea fle nesting activities, CO (d) 4uthorkzation. Any 1:)erson perf'orming mechaniczil beach cleaning must have as current pe,mift firoin the Florida Department of F.Im,'ironmental Prot eci ion for the area being cleaned C 0 E C 0 E Sec. 13-66.Prc tection (a) No predalcory pets or pcts likely to have as potential f6r being disru tive or damaging to U- p I nesting tUffles, hatchfings., or nests shall be allowed tcu roani loose and WISLIpel'Vised within the Jurisdictional bOLID(Jaries during die nesting season, Such pets k'icludc, bUl. arc not linflied to dogs, S C cat,s., saakes, lizards or iguanas, f(�,,-rrets and pig,,;° Gg (b) Feeding ofraccooris., opOSSLIMS '111d other wild «:Hiimals within the Jeri sdictiona] boundaries is prohuHted. (Ord. No. 8.1994, § 6 Ord, No. Il 0-1998, § 1, 3-1 1-98) U) P Z: Sec. 134LjIgnalty (3 (a) Violations ofthis article may be proseculed ki ffic sarne manner as misdenreanors arc U) prosecuted. In such cases, the violations st-uail be p1"0SeCUWx1 in thc name ofthe state in a court having,jurisdic,tion over misdemeanors by the proSCXAltiaIg allomey thereofand upon conviction as shall �,w punisbcd [)y as fine nol to e�xceed five hundred dotlars ($500,(10) or by iinprisonment in (n the county,Jail no ( to excecd sixty (60) days or both Stich fine and imprisomment, Viokaiofis may C also be prosecuted through proceedings bef'ore the Monroe ("00111Y C'ode Eld'orcenient 1.3oard, or E pursuant to chapter 76435, L,aws of"Florida �App, A, ad. V, di\�, 3], (,)r through any offier C 0 hawfullyaivaflable means, including civil and ill Unctive relief" J > C (b) -Me property, mvner and, vvliere apphca[')fe, (he designee, agcnt, tenant, fessee, or W as,signee, shaH cuch be held responsitfle for adherence to Aific]e IV, Protection of'Sea Tuilles, W 06 W (Ord, No. 8-1994, § 7; Ord. No, 10-l 998, § 1, 3-1 l 98) C 0 E 0 Secs. 13-08--13-80, Reserved. 2 C 0 E Fr d Award AgmeimeM 9 BOCC November A 8 2014 I Packet Pg. 287 U) Cm cr,crrrtarap drat aaprcra annual appropriation a�e arrrcl� obligation to pay under thisagreement, is - qr" by .lace Bland 01" (."crr.rrrty .c:rraarrr scorer°r°r. C"OUNI'.l"lr�. shall � pear" spt. y � y . . raa�a:<lcrrr�allercaciclvcr��rnaararltlrs p~acictacaraaprtcrc:"t�plJGlcr„arar�.l�tarprcrora.ul�ra~Paraaa�iar�ortcrd �aa r°r�c:�rr't will L,�°. prrop er raatru..race lr:t' t.,()N 11"RA C l't)R- 1 . CONTRACTOR shall a~aarlrarart to (..'OU'NTY irrvr.rrces Nvit r rrPI)OHrr-N�g dIoc;aarr entartron acceptable to the Clerk, on a monthly vclaedUle in arrears. cceprota��a.lrlllty �to the 3 p.°�erk is based on pr,m eraally accepted a ac:acooratlrapa, principles rrn d such h laws, rules, and regulations C E � l, t��"tl"p l��ayts awy �"l"C��lern pr�F c c l b bid llo�wtrrrraap crp' Rinds, p'lrc° cau�rt;r:°rrc°� a�u.rr.caruuuC: rrprrrpl pry rr, , tartar*cp. by the, 0 I._JJ 54,.42 per month regular hours seven days per week (including c quiprr„crent costs and dumping ing $095,09, per p„rour° emergencies (ex. Post-hurricanes, including cwcpc.riprnent: costs & dumping k&r This two year Agreeraient r;pra.r➢.p coil,me crca,cr on ..... .p: ec...errt(rcwrµ.. .0.:1. "lpp l", arrrcp cr;rraps rrperrar is p vc pill r,p0 2016, rrrlNcrr»ar (er rrrprtarted earfi r u.r.r d r°p arrrp.,r*aprlr 18 crp"Lhis Agreemew, � ➢ he COUNTY l"Y. ;;(mall have 1.1°re crptaor„r to rc°,rrc;w this Agreement fiW rtpr to an additional three (3) CO One-year periods at terms and conditions n„taLally, a r cr.lfe to theparties, vcrcr � �lcupero as written notice given at least 0 days prr"ror to the end (.A'the arraocrp �eno, Unless the context clearly : indicates otfiervvuse,, references to the tcarm crl`tlris Agreement shall r�mean the initial term ol't:ma 'rye � qp yc{ The Contract amount rraaa; be ad data( aa.rrnWdlpr rtr accordance with the prcrcc,nfaa c change in tlac U.S, Deprar laaresnt c.rl"C.'onu erc e "c.rna»rrmer° Price lrr le . PI.(.1) lam„all l..rrbar.r p:.°rwnsrrrrrer's aarr � reported by the U.S. Bureau crl l.,a;a.bor• SLIfistics at December 31 ol` t.lac Previous year using the � most recac��,ratpv published rradicaatcaun � C . ( fit s ANC OF CIO)NDITIONS BY CONTRACTOR l`ONl RA l OR has, and shall maintain tlrr„aaa.rghoaat: the term of' thrlac Agreernent, a„iprprrmoprr°laate > liccrnsc°a». Prool'ol sucah prc canses and approvals, shall be a Ubrrrlta d to the COUNTY upon requcst. W a 06 Via. F1 S t ::1 I°o RECORDS OYFR . TO a all (~sacks., records,,, and (10Cr�r.rrrcrrrtS cirr°crclly pertinent to:�.r °) 1."t 11 l"l yl l"t:tl shall rararlrrtaorrr rcr, ar rtuarcc under this grc cr rert in acccrc r a rcc vrt-r generally pacc lrted accounfing principles cr arvtcrrtp applied, F.' ach party to r, Agr ,crrca or their matlrorized rer-)resentatives slialt have � reasonable and tir„nely access to such record of.' each other laarr°t;pa to this Agreement larr° public 2 ar1�°tlar a wrrorrcarrt. ld" arc aar.r.clrtarr° c° tom" tc�,�r°r�r„tltraa.trc�rr.r � records purposes during the �tc rrrr ol the , gre(,nyrcrrt and for loon ycwaars fi.)Hoavirr.�g � 1 rn .rlo;yed l"r„�'� tlrcx l°t'�lJ y ]' or ( lcr k determines.in s that monies paid to CONIRAC"FOR Pursuant to this aygreerr„rcrat were spent flax p°rarr-I)OScaa not authorized by this Agreement, the t�:`ttly"l"d t""p"t��lp�, shall rrrorrrcr, together cwrtpa interest calculated C pursuant to Sec, 55,03, l "gym runnr ng firom the date the aeons ea, kverc paid to t..r tp�'p��"p t.`�.�1�t..tp�.. 0 Packet Pg. 288 7. UCCCIF'SkS U) Pursuant to Ilorida Statute§119.0701, ("ontractor and itS SUbcontraclors shall comply with all .® public records laws, of the State ot'Florida, including but not limited to- E (a) you:ep and maintain I)Utflk., records that ordinardy and necessarily WOUId be 0 require(J by Mc)nroe (.'minty in the perf6rrrulme of (his Agreemenl, 0 19 (b) Provide the public %vith access to public records on the same terms and COI)dition,,,; thft Monroe C'()Uo1 vvould providc, the records and at a cost that docs not cxceed Ihe cost provided in Florida Stawtes, ("Napter q 11) or ws, otherwise provided by law, (C) F"I)SLIN thal public records, that are exempt or confidential and exempt firom public records disclosure requirernents are, riot dkclosed except as authorized by, C law, 0 E ((J) Meet a.11 requircmenis fior retaining j)UbhC records and traris6en, at no cost, to 'a C 0 NR)nroe County all public records in possession of the contractor upon E ternfitu,ition of this Agreement and destroy any dupliewe rmbfic, records that rare exernpI or confidential and cxerrII)t fi'0111 JlUbli(,; records discI0,SL],re requirernents. Afl records stored electronically must be provided to Monroe County it) a f6rmat ffial is cornpatible with Ilie infortrualion lechnology systems of Monroe Cotmty, C "Ric Counry, shall havc the 11�xht tO Ullifiaterall.)i cancel this Agreernew ujron violation ofthis provisi,on, by Contractor, 8. HOLD HARMLESS AND INSURANCE U) Notwithstant.fing, any minfillUm insurance TV(jUiremeMs prc�.��,cribed elsewhere in this agreement, CD P Comractor shall def'end, indeninify and hold the COUN't"Y and (he, C(l)(INTY's elected and Z: appointed officer's and en,q,)Ioyees harmless from and against (i) any claiurs, actions or causes of is action, (ii) any fifigafion, adii-iinistrative proceedings, appellaw proceedings, or othejr proceedings retafing to any type of' injury (ifICILIdifIg death), loss, damage, fine, penafty oi- business inleymption, and (in) any costs or expenses that may be assexled against, hdtia�ed with respect to, or sustained b y, any iDdemnified party by rea,,�wn of, or in connection with., (A) any acfivity of CONTR/W TOR or any of its ernployees, agents, stlb-(,�ontractors or other invitees during the lerin cad this AGRF'.E'M[",`NT, (B) the neghgence or wiflful irniscondLICI ofCONT RAC TOR or any C of' its erriploYees, agents, sub-contractors, or other invitecs, or (CI) CONTRACJOR's defilult in E C respect ofany ofthe obhgations that it. undertakes under the terins of this AGRFFMF'NT, except 0 to the extent the ch.dms, actions, causes (.�Wacflcrn, lifigation, 1-m-oceec)i rigs, costs or expenses ,arise > C ftorn the intentiona] or sole negligent acts or omissions, ofthe CI'()(JNTY oi- any of its ernplo,yees, W aims, actions, 06 agemts, contractors or invitees (other than CONTRACT(II)R), Insofar as the, ch causes of action, lifigation, proceed ings, W (,,,osts or expenses relate to events or circuiristatices thal W OCCU!" during the lerin oflhis A(IRF,J'W[�.'P�'T, this secri011, Will SUrvive the expiration of term C 11 1 0 ofthis AGRIII.UIMF.'NTor any earlier terniination of this AGRFIJ`IMFIJVI' E The extent of hat-)i1ity is in no way limiled to, redUced, or Jessened by the insurance requirements contained els'em4wre withiri tNs agreemenf, I �Elihlre of'CON'TRAC."TOR to conrpiy with the requ�rernews ol'this secfion shall b(,� CLILISC f'Cu inunediate ter-niination of this agreement, Prior to execution of this a,greetnent, shall fumnish the C(")UNT"Y ("erfificates oflnsunince indicating thc minirTILHII coverage firnitations in the fiollowing amounts� WORE'J'IRS COMPENSATION AND FIMP1­,OYF.'R'S LIABIJAW INSURANO"', C 0 E Nd Award Agreement B A BOCC,November 118 2014 I Packet Pg. 289 0Where applicable, covcrage to aPply ej11PJ()YeeS ,It an1)d11i111UM St,,11Ut01,-)/ firns a acquired its requir 0 by ]P]orida Law, P (-'O MI��'Ril,li-ll� l SIVI'l' A UT(: MOH LE WHICLE LIABILITY INSURANCJ,,e". 0 12 m. Motor vehMe liability 41SUrance, HICIUding applicable no-f"RIlt coverage, with liniits, ofHability 4) 01' 'lot less than $10(09a(LO per occurrencc, combined sit'gle li"fit R4' Bodily Injury Liability and f1roperty Damage LWiility, H'single limits dire provided, the rninilrILim acceplable firnits are $10,(ZQqaQQ per person, $,30(?,AQQ1 I'm- occurrence,, and $5 000'.00 property damage. - m -'— ­ C.'overage shall include all owned vehicles, Lill 110111-owned v,elficles, and all hired vehicles, COMMERCIAL GEM:sRAL LIAB11,1TY. Conujj�,.�rc.,j,,d general liability coverage Nvith lit-nits of fi,ability of' 11ot lfr ssin--S"IQQSQPeocCLUT(Mcc colnbaned sin& limit fin- BodiInjuryLiabilityadriy f 0 .),im,age Liability, E 'a C 0 9. NON-WAIVER OF IMMUNYTV E S Notwithstanding the provisiolis of" Sec, 768,28, ["lorida Statutes, the participation ofC'0LJN'J`Y 4t n_1 tj_jjS � and CONI'RA W91-eeinent and the acqUiSidon of"any comniercial liability, 4isurujc(, coverage, selfinsurance coverage, or local govujiment liability, insurance pool coverage shall no be deemed an wuver ofir"munity to 1he extent oflial3ihty coverage, nor shall any Agreement C eritered into by the C01JNTY be required to contain any provision for waiver, 10. 1 E 2iEL U S.' CT OR At all times and for all purpoSCS Under this agreement CONTRACT(�')R j,,j 111 independent U) I Cm contractor and not an employee of the [Iwird of'County Con-imissionea's of Monroe County, No P staternent coniained in this agreerneni sliAl be commIUCCI SO ,IS tcn find CONTRAC"TOR, orany of' his employecs, SLA)COTIU'aXtors, serwi,,anrs, or agents to be employces, "Of the Bo'ard of C'ount y C,oimmissmners of'Monroe Coulity, 1 L NON1 tSC'R1M1NATK.)N CONTRACTOR asgrees thal there will, be no discrimination agamst any person, and it is expressly understood that upon a (Jetermirmfion b y a court of competent jurisdi(1,tj()jj that C 0 discrimination has occurred, this At.reernew auloinatically ternfinau,,,s without an further acti011 E C on ffie, part"ofany party,"effectk,,e the date of"t he court order, CONTRACIUR agrecs to comply 0 AVith all t cderal and 11orida statules, and afl local ordinances, as apj'Aicable, relating tcn > C 1,10t1discriminaflon. Tl-wse inckidc but are not Jimited to� 1) Title V1 of dw C'ivil Rights Act of W a 1964 (I'L 88-352) wtficlt prohibits discrimination on 1he basis ofrace, color or national car gian, 2) 06 W Tifle IX of the [.,dUC,.di01i Ainendment of 1972, as amendc(I ("I() (jS(l Sa, 1681-1683, and 1685... W 16861), m/lik,,li prohibits discrinlinatiorl Oil the ba"'i's of sex; 3) Section 504 of" (lie Rehabflitati(,)ri C Act of 1971, as amended (20 USC s. 794), which prohibits discrin,driati(M.1 on the basis of E handicaps; 4) The, Age Discrimination A,ct of 1975, as amended (42 kJISIC ss, 6101-6107) which 2 prohibits disuh-idnation on the basis of' agc; 5) The Drug Abuse Office and Treatment Act of 1972 (IT ftaa-255 as amended, relatfiig to nondiscrimination on the basis of di'Llg abuset 6) The Alcohol Atiuse and Mcohohsm Prevention, Trevunent and Rehabifiwtion Act of' 1970 (PL, 91-616), as amenoled, rc,,Wing to nondiscrimination on the basis of alcohol abuse or alcohoksm, 7) The Pu�'flic, Heah:h Service Act of" 1912, ss, 523 and 5'27 (42 USC ss, 690dd-3 and M 4i 290ec-3), as ainemded, n,fladng to and (h-Ug abuse 1,-)atient rec,,ords, S) C Tide Vill of the ("'livil Rights Act of 1968 (42 USC s. et seq), as arnended, relafin ` to 9 E ffid Award Agmernent 12 B0CCTqovember B 2014 I Packet Pg. 290 U)in thc� sale, rental or financing of'housing; cps The Americans with Disabififies 0) Act of' 1990 (4'2 USCaav MI Note), as maybe amended Cr(�,)tn fitne to fime, relating to °® Z: nondiscrimination on the I)asis of'disabilky- 10) Any other nondiscrimination pjovjsj()jjs jjj Ijjy I`edenfl or statc staurtes which may apply I o OLIN"I'Y and 0 NTRA C11'R)R to, or the subJect 0 -of",, this Agreernew, 0 mattei E 12. ASSIGNMEN'I'/S�.JB("()N,rl4,A("'l' CONII?W"TM shall not assign or subcontract its obligations under thk agreenmit, to others, except in writing and with flic pr,ior Nvritten approval ol'the Board of'Counly Con-u-nissioners of Monroe ("ounty, which approval sKall bc sub cct to such conditions and provisions as the Board J ma C y deern necessary. This �,,)aragraph shall be incorporated I-)Y reft,�reme into any assigm-nent or 0 Cubconlract and any assig"C'e Or subcoraortialloskonhis agreement, Unless expressly provided for therein, st,ich apl-Woval shall in no rnannem� orevent be E detnned to k-raproro,c aarapr, eiddifional (.)blit,,,,,afion upon the board, 13. COMPLIANCE WITH LAW AND LICENSE RE A N, I 1q,E I WNTS In providing all serviecs/goods f)Umiam to this agrcmnent, CONTRACTUR shall abide by all C lamis of" the F'ederal and Stale gov,ernment, orditu.tnces, rules and regLdatiMIS pertafiiing to, or regulating the provisions (:)I'' such services, jIICJLKfiIIg those now, in ef'16,t and hereinafteradoptcd. C"onipham, with all laws includes, but is not limilcd to, the innnigration laws of'the Fedcral and Slate government, Any violation cd` said sl,,.Itutes, ordina(ices, rules and regullations shafl constflute a material breach ol" this agreenient and shall erftitic� the Board to (enninate this U) I Cm Agrecnient, C0114T[W "I'M shall possess proper hcenscs to perl'orm work, in accordance %viih P these specifications dIT-0UghOUI 1h e m,na of this Agreemcnif. Zs Z: 1 4. DISCIMSURE AND CONFLICT OF INTEREST CONIRACTOR represents that it, its dircoors, principles and einployees, presently have rw .2 interest and shall 8CCjUit'e W) interest, either direcl or indirect, which would conflict in any manner with the pert'Orniance a4,,;CTVI'CCS 11XI uIred by this contract, as provided in Sect. 112.311, C ill be et, seq,,, FIM'id"A St(jtajteS, ''OLJNT es'Y agrees deal of'11cens arid employees of' the COUNTY 4) recognize and w requ fired to cornply with the standay'dS Of'COMILICA l'or public of'ficers and E C (..jj-jpj().yees cui defineated in Secdon 112,3P3, Florida Staaaes, rq.,p,Iarding, but not linfited to, 0 solicitation or acceptance of' gifts", doing business with one's agency; unauthorized C compensation; misuse cal'pear bfic position, Conffic"fing emph)ynienl or contractual relafionship,-, and W 0 disclosure or ttse of'certain inibril-tation, 06 W W L,Ipon executioll (A, this contract, and thereafter as changes may require, the C CONTRACT(M shaH notit"y the COUNTY of" any financkfl ante rest it n"ray have rn any and all as E programs in Monroc Coujo�� which the COVFRACTOI� sponsors, endorses, recominends, as as supervises, or requires, for c4,mnseling, assistarice, CYahliltion, or treatment. This Provision shall apply wheffier or not such program is reClUired by statute, as as condiflon of probation, or is provided 011 a) VOILUMUY [-MSiS,, C"OUNI"Y' and CONTRM T'OIZ ,,arrant twat, in respect to itself, it has ncither en-rrfloyed nor refained any conipany, or person, officr than a bona fid(cw erril-iloyce working oley fim- it, to M solicit or secrue this A 4i ggreement and that �t has not paid or a.greed to j.,my any person, company C 0 corporation, kidividua[, or firm, other tfuin a bona fide ernppoyee workh-ig solcly for it, any f'ee'l E Biid Award Agreement 13 HOC(` November 18 2014 I Packet Pg. 291 colssion, percentage, gift, ()I� ()t[jej. C()Ilsi( U) �ration condllgeM Upon or resuhing firorn th�,;� award CM or wmkhg of Ods Agreement, For the breach or violation offfi�° provision, the CONFRACIT)R. Owes tat Me CUUNTY old] Ove We right to tenninsfe tIds Agreement WiIhOUt fiability and, at Its discretion, to of1het froin monies owe(d, or Otherwise recover, the Full amount OI'SUCh comnlission, percentage, gifit, Or Consic1cration. 15. CON'TRAC,"FOR shall not pledge the CXHINTY"S aedit or We i� a, guarantor of payrnent ol, sunAy Or any contact cWbt, Wigalion, judgment, lien or any lbrn-i of" indebtedn(.�ss, (xxwrRACT(,)R fin-ther warrants and represents that it has no obligalm or indebtedness that woWd impAr its abHity to Fulfill the terins of this con raa E "S 16. QN ` 1 Ltj,Q.Lj a ygMI�Nj 4) E Any notice rc%jidwd or penthlWd un&N Us agmernem !IWI be in writing and hand delivered or Wed, posWge preptdch to the odwr party by cerdfled maH, T-CtUrned receipt reqUes(cx], to the U- 1'6110wing� a NQUOe Coup/ EUT & G EnAromnwntal Semhxq IL( , F,acihlies Maintenance Department 3583 SOUth ROUse veil Boulevard Key West, I'L 33040 Ka NOW.11"UNQ CO U) and CD and CD 5751 Nami Lakes Drive [Awt County Attorney MEN lakes, Fl. 33014 PO. Box 1026 -a Key Wesi, F1 3 3 04 q..f026 U) 17. TAXES (TRJNTY is exmnpl, ftorn payment of'FkAda Shoe Saks and We laxes, CONTRACRMT shall rwt be exmnyed by virtue of1he CXHJNTY"S exe,Uon fhmi plying sales uix tar its suppliers, E C f,)r nuiteriak Used to UNH W obIWmkms under this contract, nor is C!ONTRAC"FOR author�zed 2 �,Graufuk eO'C' CIEIoumberering such rnwdWs. CONTRCTOR �r_,,be responsible Ar any amil all taxc% cw paymmiN of widdiolding, related to services W rendered un(Jer this agreernew, CD 06 W W 18. 'IERM I N A.'LIL)N E 4)a XA. lie CJN'TY inay terminate this Agreement Wh or widumil: cause prior to the 2 connnencement or wax, as b. The CTRJ�I,,H'y or ('.!0NTRA,C,TOR rnay tenninatc tl"iis Agreement Or cause %vilh seven (7) days notice to CONTRACUMC Ouse shall consfitujte aj breach of the (+figafions of either p,,,nIy ta) perforin the Wigalh)ns enurnemted LUWcr% .Agrewneat. E 61 Allivill 14 ..... .... ..... B 0 C N—o"w"',db"—W 1—8 2-0 14—............ I Packet Pg. 292 U) C. Elithe" Offlic puties hereto may cancel this acreel-rierij NA�jljotjt (,juse by giving the 0) oth party sty (60) days written notic'e of,its hitclition to do so v6ih neither party having any P Z: furtherer oblig;ixation under the tt.mn s ol'the contract upcm terw� ation, 0 19. ENU ExiLLEMIRE1. This Agrc%nnent shall 1) e governed by arid conslrUCd in accordance with the lows ot'lhe Stat c of 1 lorida applicabic �o Agreenwnts imide and to be pertornied entirely in the SUe, III the clvent ffiiat any caUSe of' action or adrrifirrisirative proceeding us inslittited f'or the enforceuient, or, interpretWion ot'this Agreernent, the COUNTY and C()NT1ZAC,TM, agree diat venue will He in the appropriate court or before the appropriate administnative body in Mortroe C"ounty, I'lorida, C 0 E 20. MEDIATION 'a C 4) E The COUNTY aiid CON RAC TT(W a,vyn2e t1mt, iri the event o C f' onflicting i I Iterpretati oils or the ternis ('A,, �j terin of' this Agreeinent by or between any of' them the iSSUe shall be subirld"ted to mediation prjo�- to lite institUtion ol�' an y other administrative or legal proceeding, Mediation U- proceedings initiated and conducted purSUant to this Agreeiiiew shall be in accordancc with the 11orida J�uk.�s (:)I Civil Procedure and usual MI(I CU.Stomary procedUres required by the circuit C COUrt of'Monroe County, ar 21. SEVERABILITY ffany terin, covenant, corldition or provision ol'this 1\greeinenl (or the apiflication there any U) circurnstar ance or person) shall be declared inwflid 01- Uf-renfbrceable to �any exteW parr y a court of' 0) P coinpeJetif Jurisdiction, the 1cqjjurung terins, covenarits, conditions and provisions of' this ernai rmig terin, covenant, conditimi a Agreement, slvfll not be all'wed thereby; and edch r nd provision art this Agreement shall be valid and shall be ent'orceable to the f7iflk,,st extew pern-kitted 1.-)y law unless (lie erd'orcement of" the reiiiaining leri-n-s', coveriants, con(fitioris ,,uid 1.,ffovisions (:if this Agrcernent %vould prevenit the ccpistinjent 01-igillal itq(-.�rq ol'this Agreement, The ("OUNTY and CONTIZACTM�apprua.ereta.ar.rclt )rm thc Agreement to replace any stricken provision (n with as vand provision that comes as close as possible to the intent ol'the strichen provision. C E 22. ATI Y'S FE ES AND COSTS C 0 COU]NTY and CONTRACTOR agree that in the event any cause of' actioru or adrninistriative C procce dray g is inifiated or def6ided [)y any party relative to the enfiorcement or interpretation M' W CD this Agl-(-,�C'Ment, the prevailing pmly shall be entifled to reasonable attorney's fiees it) both trW 06 W and appeflate pr(,iceedings. E�ach f,,)ar1,y agrees to pa�V itS (Ml COUrt costs, investigative, and out- W C of'pocket (.-xpenses whether it is the prevailing party or not, 01"Migh all levels of the (ourt systent, E 23. A 0 OF D 11, S ar is t"rE OR DISACRETMEN'T'S COUNTY aind ON]'RACT(')1Z, agj(�e that all disj,,)utes, and disagreenwnts shaH be attempted to be resolved by ri,ieet atd WtffeT sessions between repre'scntatives of' COUN'TY and CONTRACTM. It' no res'Olution c��an be agreed UIVII within 130 days aTter the first rneet and M confer sess rear, the �ssue or issues shall be discussed at a public, rnee-ting of't1jc 1�joajj,cj (q,(.,Ou ty 4i C Comnussuonel-S, UffiC kSLIC, or issues are stiH not resolved to the sati�,O'action (.ffc'01jN,1,'Y' and E B d Award Agreement 15 M)CC Novem bet, 18 2014 .... ..... .... ...... ..... ..... ....... ....... ....... I Packet Pg- 293 CNTRACTOR U) , anyarty shall h the right to seek such relief or remedy as inay be proO vided by this Ahen,rrrc��tp or by Florida lave aw, 24. L( OPE A' JON 0 In the event an as y administrativc or 1cg,d p roc eeding is insOtuted agahist ciflum- parly rcialing to Ific formation, execulion, performance, or E)ireach ofthis N greement, COUNTY am.1 CONTRACTOR agree to pailicipaic., to the extent required by thC Other parly, iii aH proceedings, hearings, processcs�, meefings, and other activities related to the substance of"this Agreement or provision of the serviccs under this Agreement, COUN,FFY and CONTRACT("W, specifically agree that no hearty tar this Agreement shall be required to enter arat into arbitradon proceed i rigs related u,) this Agreement, C 0 E 'a C 25. BINDING EFTF:Cj' 0 E The tern-is, cov,�j1,111tj, condil4mis, and provisions of flais Agreeinent shall bind and inure to 1he bencfit Of(T)UNTY and and their respt,,ctive legal representatives, successms, U- and assigns. C 26 All"THORITY 1"ach party represents and warrants tar the other that dIC delivery an(] pf,.Tformance of' this Agreenmt have been dUly authorized by a n ll ecessary C'(')UNTY zind corporate action, as required bYuhm, U) 0) P Z:27. C .,AIMS FOR F11 1)ERAL.OR s,rA'TE All.) CONTRACTOR and COUNTY agree that each shall be, and is, empowered lo apply for, seek, and oblaiD federal and state Funds to furthcr the purpose of this Agreenitmt,," provided that all ,ap lications, requests, gral,1, 1 proposals, and Funding solicitations shafl be approved by each I'mrtact.), . P ra,ior to submission, as it cas C 28. —P 1. L tLX�-il',-S A 111 1 M M L J N I-1,11,,,'S E C All offfie privfleges and ininrunific-,s from, liability, exeinptions from hms, ordinances, and rules 0 and pensions f(,-Jjef, (fisability, workens" compensation, and other benefits jppjy tc) 111c > C activity of'officers, agents, or employees (�W any PU[)1ic agents or employees of the CO�IN"IN W when perftwrning their respective fimcti��.)ns under this Agreement Nvithin the terfitorial fir i S CD n t 06 thc COUN]"Y' shall apply to the surne degree and extent to the fio e perrniancv of'such fundioms a Wnd W duties of' such officers, agentS, VOIUMCCTS, 01" CITIployees oijtside the territorial lin'lits of the C E 29. LEGAL 0BU(',(A1'1ONS ANILtLESP'LLN Jj!!L CIE This Agreement is not fiftendcd to, nor shill it J-me (,°,()jjstrued ass, to any participating cntity frorn any obligatiori or respotisNkty imposed Uj)on the entity, by, law except to the extent of < acu.ual and timely perfimnancc fliereol"by any par(icipatilig entity, in which Case tile Pcr1'6n11a:j1CC, :2 may be ofl'ered in safisfiaction of the obtigation or resl-wrisibility, Further, this Agreen'rent is not 4i C intended tc,m, nor shaH it b(r construed as, authorizing the d0egation Of IhC COWtitL16011,11 01" 0 E Brd Award Agreement '16 BOCIC, Novemh,'f N8 2014 I Packet Pg. 294 U) Aatuto�y dufies of the COUNTY, except to the exAent pennifted 1)), the Florida constitution, st,,.ft 0) sWtule, and case law, as 0 30. NON-RELIANCE BY NON-111ARTIES No person or entity shaH be cmided lo rely upon the terms., or any ofthern, of this Agreeincilt 10 c,nt6rce or attempt to enforce any ffifi-d­pirty c1ahn or enfitlernent to or 1)ellefit of,any set-vice or program contemplated hereunder, and [tie COUNTY and the C,M]"RA(TOR agree that neither dw COUNTY nor the C70N]R AC""TOR or (a,ny agent, officer, or einployecl ofeithcr sN,.dI have the 00 authority to inf'orrn, COLH)Sel, or' otherwise k.xhcate that any parfiUdar hidividual or group of individuals, entity or entities, have enfiderne.nis or befuAits under this Agreement se araLe and P C apart, itiftn�ior to, or superior lo ffie community in genera� or f6r the purposes contemplated in 0 E dais Agreerrient 'a C 0 E 3L XYTESTATIONS (".ONTRACTOR zigrees io CXCCLA( SUCII (IOCUmerils z,)s the, C()(JNTY ruaayl reasonai)ly require, to 4 hlClUde a PUb1iC Entity Crime Staterriew, an Flthics Statement, and as Drug-Free Workplacc as Statement, C 32. No PERSONAL LIABILATV No covenant or agreement contained herein shall be deemed to be a covciianl or, agreement of any member, officer, agent or employee ofNdonroe Count in his or her individual capacity, and U) no rnerriber, officer, agent or, employce of' Monroe ("OUnty shaH be fiat)k., persoll),,111yr ()Tj JjjjS Agreement or be subJect to any personal liability or accoUlItability by reason oil'the CMXLftion of�, this Agreement. 33. EXECAITION IN COUNTERPARTS .2 This Agreement nlay bc, exeCLItC(I in any nunfl:)er ewe fcounter, pails, each ofwhich shall be regarded as an original, of"whic.h tak,en together shafl constitute one and the sarne instrument and affy cas of the parties fiereto may, exectac this Agreement b,)i signing any, such COLIFIterparr. C 0 E 34. SECTION MAIM( iS C 0 Section headings have been inserted in this Agreement as as matter of convenien(x� of'reference C only, and it is agreed that such seclion headings are not as pail ofthis Agreernerit and will not Ew W CD uscd in the inlerpretaBern (,4'any 1,.)rovision ofthis Agreernent, 06 W W 35. PUBLIC EN'n'ry, CRIME INFORMATION STNTEMENT C "A person or aflihatc, who has beer) placed on thc (;onvided vendor list fiflIoNving a conviction E f6r as public entity crime may no submit a bid on as contracl to provide any goods or services to as J)Ubfic etifity, imay, nol subrnit a bid on as conlract %vith as public entity f(.)r the constrUction or rcpair ol' a 1',)ublic building or work, may not subrrfil bids on leases of"real property to a PUbfiC, el'itity', raaamy nW be awarded or perforin work as a Construction Marmger, supplier, subcontra,cton, or consultant under a contruct %,vith any public, enfity, and ulay not transact business with, any public enfity in c�xcess ot'1he ffireShOkf allIOU111 prcwided in Section 287.017, M for (WIT"GORY TWO a perioo erg"36 nionths froty, tire date ol'being placed on the convicted C vendor I i st. E Did Award Agmement BOCC Noveinber �8 2014 I Packet Pg. 295 X MLILUA EVIEW U) R Ibis agreement reviewed by Contractor Lnd the County therefore, this, agreeinew is not to be construed against either 1.,mrty on the basis ofaulhorship. 0 37. IN The terms and condifions ()I' llie bid documents are incorporated by r(,Aer%,mce in this contract a.greement, 38. ANNUAL APPROPRIATION The Count y's performance and obligati(q, W P,,Iy U11der this agreenwnt iS Coflfif-)�,1(311 UP011 R11 C annual a by the Board ofCounty C,'oninusspioners, In the event 1hat the Ounty Funds ppropriation on Which this Agreerricnt is dependent are withdrawn, this Agreement is termin,"Ited and the E Co unty has n ft o ulher obfigati011 U11(iff LhC terjjj�; oflhis Agreenient to the, beyond that C 1 1111ready incurred by the teraiination date, E IN WITNESS C'OUNTY aml COVFRAC''TOR fiereto havc executed this A,gxegipent on, the da and date firsi written ab 4 Y Ove in four (4) COUnley"j.)arts, each ofwbich shafl, U- or accounting for the other cO Lill lerparls, be dcemed an originuf contract. '(SE AL) C ' S B(MR-D M COL,fNTY ( OMN411 SIONER pt ,j' ,fAF`1AV11 AN, CLFIRK 04,'-N�ONROP COUNTY' 1-1,01DA By ily()r U) ra 2 Witnesses f'or C(Mel .......... 44:1-,Z, Lit i o ized tu, .2 Sil' Iratyiii rlxve atj 01I d coat n- E Date Z C Print Mune 0 > C Apr (,Jdress� w 7 signa Li w w elephon�,FNUmber 4la a LL' - E Date .......... I VV Of"11 v vl�F i lr `Y 01 E BW Award Agmement 18 BOCC Noverriber 18 2014 I Packet Pg. 296 F.9.j CCO CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 06/18/2019 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 ri hts to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Lorna Staab NAb9E. DTRT Insurance Group/Loyal Clients PHONE (877)871-3878 FAX (. .855 329 3878 (e/G No te: � + r� l 12550 West Atlantic Blvd EMAIL i d f no trtinsalrance.com ADDRESS: o INSURERIS,�AFFORDING COVERAGE NAIC# 4) Coral Springs FL 33071 INSURERA: EVANSTON INSURANCE COMPANY 35378 O _... . _ ..........__.„ ......—. ---------,. _...... , INSURED INSURERS: METROPOLITAN CASUALTY INSURANC 40169 O .... BEACH RAKER LLC INSURER c; 220 NE 13TH ST INSURER D --_............... .. ......... U) INSURER E POMPANO BEACH FL 33060 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, ----........,Add[Sbdia ........_ LICY EFF POLICY EXP -......... _..------ ------- INSR TR TYPE OF INSURANCEINM POLICY NUMBER MMPO/DDIYYYY MM/DD/VVYY. LIMITS X LMMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 aA�4A; �eil7(IO--- -....._ „I CLAIMS-MADE X,I OCCUR PREMISES'Ea occ,rrrencati S 1,000,000 � MED EXP(Any one person) S 5,000 A y y MKLV2PBC000265 05/04/2019 05/04/2020 PERSONAL BADV INJURY $ 1,000,000 GEN'LAGGREGATELIMITAPIPLIES PER: GENERAL AGGREGATE s 2000,000 C I PRO ......... X POLICY JECT LOC PRODUCTS-COMP/OP AGG s 2,000,000 QS OTHER: s AUTOMOBILE LIABILITY COMBINED SINGLE UMI I $ 1,000,000 � ANY AUTO BODILY INJURY(Per person) s OWNED SCHEDULED ----- B X Y Y CA024324P2019 05/04/2019 05/04/2020 BODILY INJURY(Per accident) s AUTOS ONLY ,„ AUTOS _.... ___ __ XHIRED '*,s• NON-OWNED FROPTRAY DAMAGE AUTOS ONLY - AUTOS AUTOS ONLY tPer arcddan s 4t �_s LL UMBRELLA LIAB OCCUR _EACH OCCURRENCE S 1,000,000 CD C A CD X EXCESS LIAB CLAIMS-MADE MKLV2EUL103297 05/04/2019 05/04/2020 AGGREGATE _._._..., s 1 000,000 N DED RETENTIONS PR/COMP OPS AGG S 1,000,000 Iq WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY .STATUTE I ER ANY PROPRIETOR/PARTNER/EXECUTIVE YIN E.L.EACH ACCIDENT s OFFICER/MEMBER EXCLUDED? NIA 7 64tNAGEMENT -.. -. IMandatoryin NH)und APP �ISK E.L.DISEASE-EA EMPLOYEE S �I If yes,describe under DESCRIPTION OF OPERATIONS below - E.L.DISEASE-POLICY LIMIT S DATt WAIVES Wlk W YES.._. DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD101,Additional Remarks Schedule,may be attached if more space is required) ADDITIONAL INSURED AND WAIVERS OF SUBROGATION APPLY ONLY IF REQUIRED BY WRITTEN CONTRACT AND AS PER THE POLICY TERMS AND CONDITIONS O CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN MONROE COUNTY BOCC ACCORDANCE WITH THE POLICY PROVISIONS. 1100 SIMONTON STREET AUTHORIZED REPRESENTATIVE KEY WEST FL 330401/r ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 297 F.9.k DATE(MWDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 06/18/2019 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 CONTA NAME: Bouchard Insurance for Frank Crum PHONE NAIX O 101 Starcrest Drive : E MAIL --- --....--. Clearwater,FL 33758 AD PRE§ O INSURER(S)AFFORDINGCOVERAGE I NAIC# INSURER A: American Zurich Insurance Company 40142 — Y INSURED � FrankCrum INSURER B:12,Inc.Alt.Emp:Beach Raker LLC """"' 100 South Missouri Avenue INSURER C _.... Clearwater,FL 33756 INSURER D: O INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:19FLO80969170 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 cy CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, M EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS 4) INSR TYPE OF INSURANCE DL S`C}BKR ..IC POLICY EFF I P60CY EXP I LIMITS LTR POLICY NUMBER MMIDDIYYYY mmloaryyYY COMMERCIAL GENERAL LIABILITY �.EACH OCCURRENCE S -- DAMAGE T RENTED CLAIMS-MADE OCCUR PREMIwf'(Fmorrrrm7 ,] MED EXP(Any one person) S ............., ,,,,,,, — PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: G ENERALAGGREGATE S qy PRO- POLICY JECT ILOC - PRODUCTS-COMPIOP AGG S OTHER Y AISK ........ < AUTOMOBILE LIABILITY "Y COMBINED Slydf LE UPAIT BODILY IN t Ea acclde 1 _ ANY AUTO ' JURY(Per person) I S OWNED SCHEDULED "-"-""•** - AUTOS ONLY AUTOS ��® �d = " BODILY INJURY(Per accident) S CD HIRED NON-OWNED WAIYLl1 rY. PROPERTY.LPAM;t E .. -------- - cy AUTOS ONLY „ AUTOS ONLY der'ecc�drrp)) CD $ UMBRELLA LIAB CD OCCUR EACH OCCURRENCE S I - . ..........-- EXCESS LIAB CLAIMS MADE AGGREGATE 5 ..... __ DED I I RETENTIONS S WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE _ER mm„,m -,m,,,, ........_ I ANYPROPRIETOR/PARTNER/EXECUTIVE YIN EL EACH.ACCIDENT S 1,000„000 0 A (MandaR/MEtory inMBER NH)EXCLUDED? � NIA WC 47-58-512-08 06/01/2019 06/01/2020 E-L.DISEASE19 If yes,descnbe under EA EMPLOYEES 1,OD0,000 DESCRIPTION OF OPERATIONS below E L DISEASE POLICY LIMIT S 1.000,000 C� Location Coverage Period: 06/01/2019 06/01/2020 Client# B0265-FL _I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) U Beach Raker LLC CovoraVe N pmvided for 220 NE 13th St only those co ernployees of,bur riot subcontractW$ PorTlpano Beach,FL 33060 to: O CERTIFICATE HOLDER CANCELLATION Monroe County BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1100 Simonton Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Key West, FL 33040 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. Packet Pg. 298 ACORD 25(2016103) The ACORD name and Joao are registered marks of ACORD