2. 09/15/2021 Agreement �GJ�GOIlgrQC111
,"•;74�°o, Kevin Madok, CPA
114441
Clerk of the Circuit Court&Comptroller=Monroe County, Florida
11���ecou�
DATE: October 29, 2021
TO: Lisa Tennyson, Director
Legislative Affairs&Grants Acquisition
FROM: Pamela G. Hanco
SUBJECT: September 15t BOCC Meeting
Attached is an electronic copy of the following item for your handling:
P11 Agreement with Capital City Consulting(Nick Iarossi) to provide Lobbying Services
on behalf of Monroe County specifically in executive branch of state government to advance the
County's pursuit of recurring funding for the implementation of the Florida Keys Stewardship Act
and Resiliency Funding, effective September 1, 2021.
Should you have any questions please feel free to contact me at(305) 292-3550.
cc: 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 305-852-7145
AGREEMENT FOR
LOBBYING SERVICES
Between
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
And
CAPITAL CITY CONSULTING
This Agreement ("Agreement") made and entered into this 15th day of September, 2021,
by and between Monroe County, a political subdivision of the State of Florida, and whose address
is 1100 Simonton Street,Key West,Florida,33040, its successors and assigns,hereinafter referred
to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC"), and
Capital City Consulting, a limited liability company of the State of Florida, and whose
address is 124 W. Jefferson Street, Tallahassee, Florida, 32301, its successors and assigns,
hereinafter referred to as "LOBBYIST", and
WHEREAS, COUNTY desires to employ the professional services of LOBBYIST for the
state executive branch to advance the County's legislative pursuit of appropriation and recurring
funding for the implementation of the Florida Keys Stewardship Act, resiliency funding, and other
issue areas and services as assigned by the County Administrator and agreed to by the LOBBYIST;
and
WHEREAS, LOBBYIST have agreed to provide the professional services as
LOBBYISTS for representation as described in this agreement; and
NOW, THEREFORE, in consideration of the mutual promises, covenants and
agreements stated herein, and for other good and valuable consideration, the sufficiency of which
is hereby acknowledged, COUNTY and LOBBYIST agree as follows:
I. TERM OF AGREEMENT. This agreement shall be effective upon approval and the
agreement shall continue for a period of 1 year, beginning September 1, 2021. The County
shall have the option to renew the agreement after the original terms, subject to
performance by the LOBBYIST and the availability of County funds.
2. COMPENSATION. The County, in consideration of the LOBBYIST satisfactorily
performing services, shall pay the LOBBYIST a total of $90,000 (Ninety Thousand
Dollars), on invoices submitted by LOBBYIST to the County Administrator's office on a
monthly basis. Invoices must provide sufficient detail to describe work completed under
this Contract. Total Contract shall not exceed $90,000 (Ninety Thousand Dollars)plus the
cost of approved travel expenses. Travel expenses may be paid if approved by the County
Administrator, as long as adequate documentation is provided by LOBBYIST including
but not limited to the exact dates of travel, mileage, costs. Travel expenses are regulated
by the Monroe County Code Sec. 2-106 to 2-112.
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3. SCOPE OF SERVICES.
3.1 LOBBYIST will represent Monroe County specifically to lobby the State of Florida's
Executive Branch Agencies on behalf of Monroe County, including the Governor's office,
and the Department of Environmental Protection to: secure Stewardship appropriation and
recurring Stewardship funding in the Governor's budget, to prevent veto of Stewardship
funding if included in the final budget; to secure Governor and DEP support for resiliency
funding for Monroe County; and other efforts all at the direction of Monroe County. In
addition, LOBBYIST will monitor all actions of the executive branch that could impact
Monroe County's interests in Florida.
3.2 Effectively communicate COUNTY's pursuit of appropriation and recurring funding
for the implementation of the Florida Keys Stewardship Act.
to members of the Governor's office and Cabinet, and executive departments, agencies,
offices, commissions and other governmental units of the state of Florida.
3.3 Effectively communicate County's pursuit of resiliency funding with Governor's office
and Department of Environmental Protection.
3.3 Upon request, arrange meetings for County Commissioners, County officials, and staff
with key officials and members of the Executive Branch of state government and other
entities as Governor's Office, Cabinet, and state agencies re: County's pursuit of
appropriation and recurring funding for the implementation of the Florida Keys
Stewardship Act and resiliency funding.
3.4 Be available on a 24-hour basis during any Regular Session, extended session, or
special session, committee week, and at other times as requested, as necessary.
3.5 Attend weekly team strategy meetings, legislative committee meetings, briefings, and
hearings, during session and interim committee weeks, and report on assignment; and
participate in meetings, conference calls, and provide verbal or written reports to COUNTY
at other times, as directed by the Director of Legislative Affairs.
3.6 Consult with County Commissioners, County Administrator, Director of Legislative
Affairs, County Attorney, and such other persons designated by the Contract Administrator
and take any necessary action, as determined by the County Administrator and Director of
Legislative Affairs.
3.7 Prepare and submit written reports, as may be required by the Director of Legislative
Affairs, regarding the status of assignment, progress made to achieve such matters, an end-
of-session report upon the conclusion of any regular or special session and a written report
on each monthly invoice provided by the LOBBYIST during the period covered by the
invoice.
4. REPRESENTATIONS AND WARRANTIES. By executing this Agreement,
LOBBYIST makes the following express representations and warranties to the COUNTY:
4.1: The LOBBYIST is professionally qualified to act as the LOBBYIST for the Scope of
services and is licensed to provide the designated services by all public entities having
jurisdiction over the LOBBYIST and the Scope of services;
4.2: The LOBBYIST shall maintain all necessary licenses, permits or other authorizations
necessary to act as LOBBYIST until the LOBBYIST'S duties hereunder have been fully
satisfied;
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4.3: The LOBBYIST has become familiar Monroe County's legislative issues and
priorities.
4.4: The LOBBYIST shall prepare all documents, if required, by this Agreement in such
a manner that they shall be accurate, coordinated and adequate for use in the subsequent
implementation phases and shall be in conformity and comply with all applicable law,
codes and regulations. All Documents shall be reviewed by the County Attorney, or his
designee, prior to being approved by the BOCC. The LOBBYIST warrants that the
documents prepared as a part of this Agreement will be adequate and sufficient to
accomplish the scope of services, therefore, eliminating any additional cost due to missing
or incorrect information.
4.5: The LOBBYIST assumes full responsibility to the extent allowed by law with regards
to his performance and those directly under his employ.
4.6: The LOBBYIST'S services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of the scope of services.
4.7: LOBBYIST is an independent contractor under this Agreement. Services provided by
LOBBYIST, or SUB-LOBBYIST(s), shall be subject to the supervision of Capital City
Consulting. In providing the services, LOBBYIST and its agents shall not be acting and
shall not be deemed as acting as officers, employees, or agents of the COUNTY, nor shall
they accrue any of the rights or benefits of a COUNTY employee.
4.8: The LOBBYIST shall, without additional compensation, promptly correct any errors,
omissions, deficiencies, or conflicts in the work product of the LOBBYIST or its sub-
LOBBYISTs, or both.
5. COUNTY'S RESPONSIBILITIES. COUNTY shall provide information in its
possession upon request from LOBBYIST as needed for the Project including objectives,
schedule, constraints and criteria. COUNTY shall designate a representative to act on the
COUNTY'S behalf with respect to the Project. The COUNTY or its representative shall
render decisions in a timely manner pertaining to documents submitted by the LOBBYIST
in order to avoid unreasonable delay in the orderly and sequential progress of the
LOBBYIST'S services. Prompt written notice shall be given by COUNTY through its
representative to LOBBYISTS if COUNTY becomes aware of any fault or defect in the
Project or non-conformance with the Agreement Documents. Any information that may be
of assistance to the LOBBYIST to which the COUNTY has immediate access will be
provided as requested.
6. WRITTEN NOTICE. Any notices under this Agreement sent by the parties shall be
deemed to have been duly served if delivered in person to the individuals and addresses
listed below, or if delivered or sent by first class mail, certified,return receipt, or by courier
with proof of delivery.
6.1: All written correspondence to the COUNTY shall be dated and signed by an authorized
representative of the LOBBYIST. The correspondence shall be directed to:
Roman Gastesi, County Administrator,
and Lisa Tennyson, Director of Legislative Affairs
1100 Simonton Street
Key West, Florida 33040
With a copy to:
Bob Shillinger, County Attorney
1111 12m Street, Suite 408
Key West, FL 33040
6.2: Notice to the LOBBYIST shall be delivered to:
Nick Iarossi, Capital City Consulting
124 W. Jefferson Street
Tallahassee, Florida, 32301
7. CONFLICT OF INTEREST. LOBBYIST agrees it shall not contract for or accept
employment for the performance of any work or service with any individual, business
corporation, or government unit that would create a conflict of interest in the performance
of its obligations under this Agreement. LOBBYIST further agrees it will neither take any
action nor engage in any conduct that would cause any County employee or official to
violate the provisions of Chapter 112, Florida Statutes, relating to ethics in government.
7.1 No LOBBYIST under contract with the county shall engage in any employment or
contractual relationship with any entity, which employment or contractual relationship
would or could be adverse to the COUNTY or which would or could interfere with the
LOBBYIST's work on behalf of the COUNTY. Such relationship includes, but is not
limited to, representing a client whose interest is currently in opposition to the interest of
the COUNTY; serving as a consulting or testifying as an expert witness in litigation against
the county;representing persons or entities before any board or agency of the county; or any
other contractual relationship of whatever kind or nature in which the consultant uses his
professional expertise or provides professional services in such a manner that a different
person or entity benefits at the expense of the COUNTY in a given transaction between
other person or entity in the county.
A position in opposition to a County position may take the form of an adverse policy
position or fiscal impact on the County, either direct or indirect. A position in opposition
to a County position is not limited to a position that conflicts with an express provision of
the legislative package adopted by the Board of County Commissioners. It may also arise
in other areas. Not every County interest can be anticipated or enumerated in the County's
legislative package, and issues arise and change over the course of the legislative process.
It is incumbent on the LOBBYIST to remain mindful of the County policy and fiscal
interests and positions vis-a-vis other clients.
7.3 If actual or perceived conflict arises, the LOBBYIST must advise the County
Administrator immediately in writing, provide sufficient information concerning the
conflict, and seek a waiver of the conflict. The County Administrator shall report the conflict
to the Board of County Commissioners.
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Once a conflict waiver request has been received by the County, the County Administrator,
in consultation with the County Attorney may take any action regarding the waiver request,
including by not limited to the following: 1) allow a waiver and allow the LOBBYIST to
continue to represent both the County and the other party; 2) disallow a waiver and require
the LOBBYIST to choose between representing the County or the other party, or to
discontinue representing the other party; 3) allow a limited waiver and require the
LOBBYIST to continue to represent both the County and the other party under whatever
limitations or restrictions the County Administrator, in consultation with the County
Attorney, determines to be appropriate. Any such actions by the County Administrator shall
only be effective until the Board of County Commissioners has considered the conflict
action.
The Board of County Commissioners may take any action necessary, such as termination
or waiver or partial waiver, to address the conflict of interest disclosed by the LOBBYIST.
Waiver of any conflict of interest or termination of this Agreement is expressly
reserved to the Board.
8. INSURANCE. The LOBBYIST shall obtain insurance within thirty (30) days of the
effective date of this Agreement as specified and shall provide proof of insurance showing
that County is an additional insured on all policies except professional policies and shall
maintain the required insurance at all times that this Agreement is in effect. Professional
Liability Insurance shall also be maintained as specified. In the event the completion of the
project (to include the work of others) is delayed or suspended as a result of the
LOBBYIST'S failure to purchase or maintain the required insurance,the LOBBYIST shall
indemnify the COUNTY from any and all increased expenses resulting from such delay.
8.1: The coverage provided herein shall be provided by an insurer with an A.M. Best
Rating of VI or better, that is licensed to business in the State of Florida and that has an
agent for service of process within the State of Florida. The coverage shall contain an
endorsement providing sixty (60) days notice to the COUNTY prior to any cancellation of
said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and
shall be in a form acceptable to the COUNTY.
8.2: LOBBYIST shall obtain and maintain the following policies:
A. Workers' Compensation insurance as required by the State of Florida.
B. Employers Liability Insurance with limits of One Hundred Thousand Dollars
($100,000) per Accident, Five Hundred Thousand Dollars ($500,000) Disease, policy
limits, One Hundred Thousand Dollars ($100,000)Disease each employee.
C. Comprehensive business automobile and vehicle liability insurance covering claims for
injuries to members of the public and/or damages to property of others arising from use
of motor vehicles, including onsite and offsite operations, and owned, hired or non-
owned vehicles, with One Hundred Thousand Dollars ($100,000) combined single
limit. If split limits are provided, the minimum limits acceptable shall be: Fifty
Thousand Dollars ($50,000) per person, One Hundred Thousand Dollars ($100,000)
per occurrence, and Twenty Five Thousand Dollars ($25,000)property damage.
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D. Commercial general liability covering claims for injuries to members of the public or
damage to property of others arising out of any covered act or omission of the
LOBBYIST or any of its employees, agents or SUB-LOBBYISTS, including Premises
and/or Operations, Products and Completed operations, personal injury liability, and
expanded definition of property damage. The minimum limits acceptable shall be:
Three Hundred Thousand Dollars ($300,000) Combined Single Limit (CSL). If split
limits are provided, the minimum limits acceptable shall be: One Hundred Thousand
Dollars ($100,000) per person, Three Hundred Thousand Dollars ($300,000) per
occurrence, and Fifty Thousand Dollars ($50,000) property damage. An occurrence
Form Policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this
Agreement. In addition, the period for which claims may be reported should extend for
a minimum of twelve (12) months following the acceptance of work by the County.
E. LOBBYIST shall require its SUB-LOBBYISTS to be adequately insured. COUNTY
will not pay for increased limits of insurance for SUB-LOBBYISTS.
F. LOBBYIST shall provide to the COUNTY certificates of insurance or a copy of all
insurance policies including those naming the COUNTY as an additional insured. The
COUNTY reserves the right to require a certified copy of such policies upon request.
G. COUNTY shall be named as additional insured on all insurance policies, except the
professional insurance policy.
9. HOLD HARMLESS. The LOBBYISTS covenants and agrees to indemnify and hold
harmless the Monroe County Board of County Commissioners from any and all claims for
bodily injury (including death), personal injury, and property damage (including property
owned by Monroe County) and any other losses, damages, and expenses (including
attorney's fees) which arise out of, in connection with, or by reason of services provided
by LOBBYISTS or any of its Subcontractor(s) in any tier, occasioned by the negligence,
errors, or other wrongful act of omission of the LOBBYISTS or its Subcontractors in any
tier, their employees, or agents.
In the event the completion of the project (to include the work of others) is delayed or
suspended as a result of the LOBBYISTS's failure to purchase or maintain the required
insurance, the LOBBYISTS shall indemnify the County from any and all increased
expenses resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the LOBBYISTS is for the
indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
10. SECTION HEADINGS. Section headings have been inserted in this Agreement as a
matter of convenience of reference only, and it is agreed that such section headings are not
a part of this Agreement and will not be used in the interpretation of any provision of this
Agreement.
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II. OWNERSHIP OF THE PROJECT DOCUMENTS. The documents, if any, prepared
by the LOBBYIST for this Project belong to the COUNTY, and may not be reproduced
and copied without acknowledgement and permission of the COUNTY.
12. SUCCESSORS AND ASSIGNS. The LOBBYIST shall not assign its right hereunder,
except its right to payment, nor shall it delegate any of its duties hereunder without the
written consent of the COUNTY. Subject to the provisions of the immediately preceding
sentence, each party hereto binds itself, its successors, assigns and legal representatives to
the other and to the successors, assigns and legal representatives of such other party.
13. NO THIRD PARTY BENEFICIARIES. Nothing contained herein shall create any
relationship, contractual or otherwise, with or any rights in favor of, any third party.
14. CONTRACT DOCUMENTS. This contract consists of the Agreement and its
attachment. In the event of any conflict between any of the contract documents, the one
imposing the greater burden on the LOBBYIST will control.
15. PUBLIC ENTITIES CRIMES. A person or affiliate who has been placed on the
convicted vendor list following a conviction for public entity crime may not submit a bid
on contracts to provide any goods or services to a public entity, may not submit a bid on a
contract with a public entity for the construction or repair of a public building or public
work, may not submit bids on leases of real property to public entity, may not be awarded
or perform work as a contractor, supplier, subcontractor,LOBBYIST or SUB-LOBBYIST
under a contract with any public entity, and may not transact business with any public entity
in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for
CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list.
By signing this Agreement, LOBBYIST represents that the execution of this Agreement
will not violate the Public Entity Crimes Act(Section 287.133,Florida Statutes). Violation
of this section shall result in termination of this Agreement and recovery of all monies paid
hereto, and may result in debarment from COUNTY's competitive procurement activities.
In addition to the foregoing, LOBBYIST further represents that there has been no
determination, based on an audit, that it or any SUB-LOBBYIST has committed an act
defined by Section 287.133, Florida Statutes, as a"public entity crime" and that it has not
been formally charged with committing an act defined as a"public entity crime"regardless
of the amount of money involved or whether LOBBYIST has been placed on the convicted
vendor list.
LOBBYIST will promptly notify the COUNTY if it or any SUB-LOBBYIST is
formally charged with an act defined as a"public entity crime"or has been placed on
the convicted vendor list.
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16. MAINTENANCE OF RECORDS. LOBBYIST shall maintain all books, records, and
documents directly pertinent to performance under this Agreement in accordance with
generally accepted accounting principles consistently applied. Each party to this
Agreement or its authorized representatives shall have reasonable and timely access to such
records of each other party to this Agreement for public records purposes during the term
of the Agreement and for four years following the termination of this Agreement. If an
auditor employed by the COUNTY or County Clerk determines that monies paid to
LOBBYIST pursuant to this Agreement were spent for purposes not authorized by this
Agreement, the LOBBYIST shall repay the monies together with interest calculated
pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid
by the COUNTY.
17. GOVERNING LAW, VENUE, INTERPRETATION, MEDIATION, WAIVER OF
JURY TRIAL. This Agreement shall be governed by and construed in accordance with
the laws of the State of Florida applicable to contracts made and to be performed entirely
in the State. In the event that any cause of action or administrative proceeding is
instituted for the enforcement or interpretation of this Agreement, COUNTY and
LOBBYIST agree that venue shall lie in Monroe County, Florida, in the appropriate court
or before the appropriate administrative body. The Parties waive their rights to a trial by
jury. The COUNTY and LOBBYIST agree that, in the event of conflicting interpretations
of the terms or a term of this Agreement by or between any of the parties, the issue shall
be submitted to mediation prior to the institution of any other administrative or legal
proceeding.
18. SEVERABIL,ITY. If any term, covenant, condition or provision of this Agreement (or
the application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining terms,
covenants, conditions and provisions of this Agreement, shall not be affected thereby; and
each remaining term, covenant, condition and provision of this Agreement shall be valid
and shall be enforceable to the fullest extent permitted by law unless the enforcement of
the remaining terms, covenants, conditions and provisions of this Agreement would
prevent the accomplishment of the original intent of this Agreement. The COUNTY and
LOBBYIST agree to reform the Agreement to replace any stricken provision with a valid
provision that comes as close as possible to the intent of the stricken provision.
19. ATTORNEY'S FEES AND COSTS. The COUNTY and LOBBYIST agree that in the
event any cause of action or administrative proceeding is initiated or defended by any party
relative to the enforcement or interpretation of this Agreement, the prevailing party shall
be entitled to reasonable attorney's fees, and court costs, as an award against the non-
prevailing party, and shall include attorney's fees, and courts costs, in appellate
proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement,
prior to or following initiation of any cause of action or administrative proceeding, shall be
in accordance with the Florida Rules of Civil Procedure and usual and customary
procedures required by the circuit court of Monroe County.
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20. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement
shall bind and inure to the benefit of the COUNTY and LOBBYIST and their respective
legal representatives, successors, and assigns.
21. AUTHORITY. Each party represents and warrants to the other that the execution,
delivery and performance of this Agreement have been duly authorized by all necessary
County and corporate action, as required by law.
22. CLAIMS FOR FEDERAL OR STATE AID. LOBBYIST and COUNTY agree that
each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to
further the purpose of this Agreement; provided that all applications, requests, grant
proposals, and funding solicitations shall be approved by each party prior to submission.
23. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. COUNTY and
LOBBYIST agree that all disputes and disagreements shall be attempted to be resolved by
meet and confer sessions between representatives of each of the partiesIf the issue or issues
are still not resolved to the satisfaction of the parties, then any party shall have the right to
seek such relief or remedy as may be provided by this Agreement or by Florida law.
24.1 COUNTY and LOBBYIST specifically agree that no party to this Agreement shall
be required to enter into any arbitration proceedings related to this Agreement.
24. COOPERATION. In the event any administrative or legal proceeding is instituted
against either party relating to the formation, execution, performance, or breach of this
Agreement, COUNTY and LOBBYIST agree to participate in all proceedings, hearings,
processes, meetings, and other activities related to the substance of this Agreement or
provision of the services under this Agreement.
25. NONDISCRIMINATION. LOBBYIST 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. LOBBYIST and COUNTY agree to comply with all Federal and
Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination.
These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-
352) which prohibits discrimination on the basis of race, color or national origin; 2) Title
IX of the Education Amendment of 1972, as amended (20 USC 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
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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 patent records; 8) Title VIII of the
Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in
the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990, as
amended (42 USC §§ 1201 ), as maybe amended from 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.
26. CODE OF ETHICS. COUNTY agrees that officers and employees of the COUNTY
recognize and will be required to comply with the standards of conduct for public officers
and employees as delineated in Section 112.313,Florida Statutes,regarding,but not limited
to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized
compensation; misuse of public position, conflicting employment or contractual
relationship; and disclosure or use of certain information.
27. NO SOLICITATION/PAYMENT. The LOBBYIST and COUNTY warrant that, in
respect to itself, it has neither employed nor retained any company or person, other than a
bona fide employee working solely for it,to solicit or secure this Agreement and that it has
not paid or agreed to pay any person, company, corporation, individual, or firm, other than
a bona fide employee working solely for it, any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this Agreement.
For the breach or violation of the provision,the LOBBYIST agrees that the COUNTY shall
have the right to terminate this Agreement without liability and, at its discretion, to offset
from monies owed, or otherwise recover, the full amount of such fee, commission,
percentage, gift, or consideration.
28. PUBLIC ACCESS. The LOBBYIST and COUNTY shall allow and permit reasonable
access to, and inspection of, all documents, papers, letters or other materials in its
possession or under its control subject to the provisions of Chapter 119, Florida Statutes,
and made or received by the LOBBYIST and COUNTY in connection with this
Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement
upon violation of this provision by LOBBYIST.
Public Records Compliance. LOBBYIST 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 LOBBYIST 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 to the provisions of Chapter 119,
Florida Statutes, and made or received by the County and LOBBYIST 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 LOBBYIST.Failure
of the LOBBYIST 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 LOBBYIST is encouraged to consult with its advisors about Florida Public Records
Law in order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the LOBBYIST is
required to:
(1) Keep and maintain public records that would be required by the Countyter 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 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 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 LOBBYIST
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 LOBBYIST or keep and maintain public records that would be
required by the County to perform the service. If the LOBBYIST transfers all public
records to the County upon completion of the contract, the LOBBYIST shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the LOBBYIST keeps and maintains public records upon
completion of the contract, the LOBBYIST 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 records, the
County shall immediately notify the LOBBYIST of the request, and the LOBBYIST must
provide the records to the County or allow the records to be inspected or copied within a
reasonable time.
If the LOBBYIST 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 LOBBYIST. A LOBBYIST who fails to provide the
public records to the County or pursuant to a valid public records request within a
reasonable time may be subject to penalties under section119.10, Florida Statutes.
11 I f.Y i- e?; e
The LOBBYIST 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.
IF THE LOBBYIST HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
LOBBYIST'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, BRIAN BRADLEY AT PHONE#305-292-3470 BRADLEY-
BRIANnu,MONROECOUNTY-FL.GOV, MONROE COUNTY
ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL
33040.
29. NON-WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28,
Florida Statutes, the participation of the LOBBYIST and the COUNTY in this Agreement
and the acquisition of any commercial liability insurance coverage, self-insurance
coverage, or local government liability insurance pool coverage shall not be deemed a
waiver of immunity to the extent of liability coverage, nor shall any contract entered into
by the COUNTY be required to contain any provision for waiver.
30. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or
employees of any public agents or employees of the COUNTY, when performing their
respective functions under this Agreement within the territorial limits of the COUNTY
shall apply to the same degree and extent to the performance of such functions and duties
of such officers, agents, volunteers, or employees outside the territorial limits of the
COUNTY.
31. LEGAL OBLIGATIONS AND RESPONSIBILITIES. Non-Delegation of
Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be
construed as, relieving any participating entity from any obligation or responsibility
imposed upon the entity by law except to the extent of actual and timely performance
thereof by any participating entity, in which case the performance may be offered in
satisfaction of the obligation or responsibility. Further, this Agreement is not intended to,
nor shall it be construed as, authorizing the delegation of the constitutional or statutory
duties of the COUNTY, except to the extent permitted by the Florida constitution, state
statute, and case law.
32. NON-RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon
the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-
party claim or entitlement to or benefit of any service or program contemplated hereunder,
and the LOBBYIST and the COUNTY agree that neither the LOBBYIST nor the
COUNTY or any agent, officer, or employee of either shall have the authority to inform,
counsel, or otherwise indicate that any particular individual or group of individuals, entity
or entities, have entitlements or benefits under this Agreement separate and apart, inferior
to, or superior to the community in general or for the purposes contemplated in this
Agreement.
33. EXECUTION OF COUNTY FORMS. LOBBYIST agrees to execute such documents
as COUNTY may reasonably require,including a Public Entity Crime Statement, an Ethics
Statement, and a Drug-Free Workplace Statement.
34. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be
deemed to be a covenant or agreement of any member, officer, agent or employee of
Monroe County in his or her individual capacity, and no member, officer, agent or
employee of Monroe County shall be liable personally on this Agreement or be subject to
any personal liability or accountability by reason of the execution of this Agreement.
35. ASSIGNMENT/SUBCONTRACT. LOBBYIST shall not assign or subcontract its
obligations under this agreement, except in writing and with the prior written approval of
the Board of County Commissioners of Monroe County, which approval shall be subject
to such conditions and provisions as the Board may deem necessary.
36. INDEPENDENT CONTRACTOR. At all times and for all purposes under this
agreement the LOBBYISTS are independent contractors and not employees of the Board
of County Commissioners for Monroe County. No statement contained in this agreement
shall be construed so as to find the LOBBYISTS or any of their employees, contractors,
servants, or agents to be employees of the Board of County Commissioners of Monroe
County.
37. TERMINATION
A. In the event that the LOBBYIST shall be found to be negligent in any aspect of service,
the COUNTY shall have the right to terminate this agreement after five days written
notification to the LOBBYIST.
B. Either of the parties hereto may cancel this Agreement without cause by giving the
other party thirty (30) days written notice of its intention to do so.
C. Scrutinized Companies: If the County determines that the LOBBYIST 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
LOBBYIST written notice and an opportunity to demonstrate the agency's
determination of false certification was in error pursuant to Section 287.135(5)(a),
13 P a f e
Florida Statutes, or (2) maintaining the Agreement if the conditions of Section
287.135(4), Florida Statutes, are met.
38. EXECUTION IN COUNTERPARTS. This Agreement may be executed in any number
of counterparts, each of which shall be regarded as an original, all of which taken together
0,001 ' ,.11 constitute one and the same instrument and any of the parties hereto may execute this
49, h. ement by signing any such counterpart.
-.;A 7 . WHEREOF, each party has caused this Agreement to be executed by its duly
•
•,�'` � sr. ..j a�resentative.
' �/ BOARD TY S'SIONERS OF
'" i :v"- VI% �, 0 OK, Cler, iM jR A
By: �„9:
As Deputy Clerk May /Chairman
Date: IS' 20 zl
Approved for form and legal sufficiency: Robert B. ,. —.,—
Shillinger / =".;":
Capital City Consulting
Monroe County Attorney
BY: By:
Authorized Signature Authorized ignature
Print Name: Nick larossi Print Name: Andrew Ketchel
Title: Owner Title : Partner
Date: 08/30/2021 Date: 08/30/2021
END OF AGREEMENT
Yf
i
4 Lv c.
- ',0 r
',4S =
r— -..j =
14IPage
.4q
SWORN STATEMEMT ONDER'08.01NANCE NO. 0101-1000
MON ROE COUNTY, FLO::RIDA
'ETHICS.CLAWK-
(.Qompany)
:,wa,(repts that he/l,'t. has not arnployed, yefalpeO or othprw8.9 had Gt on hfslher behalf any
former Cownty offld&r OrOMPIO.Y. 100 in 1.010,00 .0f, edlon 2- ofOrdinanzeAq 0 -19,90 or-tiny
Cdumty offiaer or.a"m- 016yee:In VlbJ-aVbh:;oT'Zdbtlon 73 of 0'tdin.a mve Nei, 010-100. For breach 6r
n of W8'V):0[dtjp. . j
pro vIslon- the, County musy, i'm Its dscroflon, fermina'ta, this Agreement Without
its discrdtlahl
r.eipp,ver, tide full am 'p-pt nt rdtt :n. pal-d t.p4le
q P�f opy foa, qqmrnlppfqn, parp� D pgp, gift, orpoppidg
We, .8opterober 16, 2021
STATE OF: rl0d-.o
,(',,OUNTy OF, Leon
8.Ubur,.ftqd"q-n-d sworn to (or---pff Irm,W),before p?ej:by:mO.4116. of qkpl'-I.y*Qal presenco or 0 online
ndta.K[ Vbn, oil —ipmt-nh.er 16,1.21
(dote) by Andrpw Ketoh6l
oarne;af.dOont�)(aShO N
Porsoriatly.I nown to tne orh4a prQducod of
NIGT.-;\R...Y-PUBL
0ANDACE 4NO-MIELLi
owt ak13,181m,
2TI" My c6m mi0flbh Ekplftsi;
lot'. Handed.
3/2 21-2.
PLRUG-FRU'WORKPLAU FORM
The,an u
d6r8l&ed verid r In.-so.cordance with O'lorl-da$!at �ter.-,20 087 herehy;wtifto 'Qtw
P-00[10 :qp .statement notifying empirqyees that the -unlawful manufacture, distribution.,
dTsppn0Vhg, p: gsessjoq qr'use of.a;'oontroVeo s'ubstarloe Is prqhfb( the: wQfk op
PIP
and spe.*60...the actions thEit,WITI be: takah against:dhiployees.fbt violatid.ris of.such
P ro h.1bition.
2. I.Mfor M- '*r'PIbyO.'O.About tho dar d. �-ug"gOrs.Of ,'k tho 0..Vrnamtalnlin drug-firea. workplace, anyovallo'ble drug counseling, -rehabilitation., and
plar
a Oloy.06 sis-ta-rimprogtaMs, anflhs penalties fhot.may 60'lrnpoged upon aM ye
for drug abuse vl6lafldhs,
1. G.Ive 0'a0h.e m. 'pjoye.e an aged In prqv.LMng;thq comrnoolties or oqntraot:uol services th"at
are:u nd'6r-b[d 1A.-zop.y of the OWSM.OM s0eblftd (1),
4, In the stgtamord!specrifled, 'in.aw OqOfio'
n 0.), notify1he employees that as-a condition of
working,Dn'tha-t OM r.ftod'Itli
;EdblOe by the terms; Qfr fhb..statement and 011,notify tine;-6rYlayer of any cionvictl6h Of, or
plan of guilty car nolo oo.ofendere to, any vidlAtioM of'Ohapter 80 (Florida.Statutes) or of
L
any controlled substante.law-'of the Wife' Statos.Oah 006ry-state; foY a-vidlMion 'UrrI M'g Ih'
the wp'rkpIaCerjjP`hpte.r (5)'days dfte.r such,conviction,
5,. Imoogez sanctiall-0, or!Mquit6,the otWoQtory. p9rfid"potion InOdrug al�,LJ.96 assikanoo
or rehalb.110"Ption Progregr if such is avallable in the emplpyee's community, -or P�.y
ompJoypo qVbro is so qO.:nvioteid.
6. MA6 a good faith 'effort to contlnoa to malnWri a drug-free thro0gh
impiO.M`eniatIqn:.of this p-ootlqn-..
,As theppreon puftrig-eO.to olgn jj�e statement; j. firm qqrpp le .fully with. the above,
..-re�quif '4.m e
.(Signature
Date!
�b'er 16,�2021
sTATIE or: Florida
0.0"U"NTY CIF-, .. L,,,pn
Subscribed-and sworn to (Of affl.Mned) boforerne, by means of hy6icAl presence car Q online.
X P
rIONOzatipp, on Sept _Mb l .`02&
. — (date) by
Andrew Ketchel �name�of aff iant),,.O�'She Is p
,impr has produ:ced.— (type of Nent.ffic, flon) as.
J 9,0 WM&A
' ANDAP "ARI
0 t`4N3AWP
XPIR A9711
WOE To Nu ?.b 1.kjnd
NOTARYPUBLIC
My CornrNs-sion Expires:
P U.K(CENTITY,(Rlml� ST TEWNT
. . .........
-1A.,p PIO.Qed on list fol2lowing o� onvictio or-
affiliate vyho has bom. 0
pablid ehitity crim'o may not&Obrfilt-a bid .an.a cbntriadt W-PrbVide publla
entity, y - ld M a!
,tity, m.a npt.'�q� -,4 b . �on-A qqntraot Wlh 4 pIgbIleentity for the co strvotion or repair of a.
publi'a,%Wlldlh.g or vublfo..'Work, May nbt,-s-UbM.. TtbJ:ds public Ontity, may
nit§p�wardod"-cr perform !ark as a CO RA(�TOR,6Qp frac or N.T plier, sul�cqnt6
.. .r, ONTRACT.O.R.
Of hy,pU,blloot1t:(t Pub i0enfily,In:OT a':contras With .,Y� 6md mayinot,tr,0MO.W WgInegs with my I
excess#f theAhres."h6ld amount.pro.vld 1 6d,In Sadian,267T.0-17,fah CATEG.GRY, TWO fdr Oe h.od
of 06manthofrom fie;date'of Min, -'a qqnVicted veondor NsVl,
havo read the above and-sbatpi that.:nefther AndrE)W.; .hel
(Resp9a.drsn,t's
ftdr'any A& a r w No the last 3 6.m.enfh.s,
.jli te..h--A�baen ploted on the conviqieovendo it;
L
Dato: Sut-ambor 10, 2W
STATE O.P,, 171.044
C OUNTY"Qp: Leon
O.Mo pt Ple
Suos-cnhad one sworn'to (orqftna�d), .far by,me;qn:s,,,of-.;K Yy4cal p.re�enQe or oJIll
ab*4�Worv, on by
Andre.w.katchel (qame:of afflant) known to.
!fie. or has ;Prdducod (typa of ld6ntlficatlotT). as
N: TA PUB 10
1v
IN A L
roc B4FtlBd� .WO
DATE(MWDD/YYYY)
A�" CERTIFICATE OF LIABILITY INSURANCE 10/20/2021
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 Tina Graham
NAME:
Brown&Brown of Florida,Inc. a/CNr o Ext: (850)656-3747 a/c,No): (850)656-4065
3520 Thomasville Rd.,Ste.500 E-MAIL tgraham@bbtally.com
ADDRESS:
INSURER(S)AFFORDING COVERAGE NAIC#
Tallahassee FL 32309 INSURERA: Twin City Fire Insurance Company 29459
INSURED INSURER B: Zenith Insurance Company 13269
Capital City Consulting,LLC INSURER C: Continental Casualty Company 20443
124 W Jefferson St INSURER D:
INSURER E:
Tallahassee FL 32301 INSURER F:
COVERAGES CERTIFICATE NUMBER: 21-22 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAYBE 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 INSURANCEAUULbUbK POLICY EFF POLICY EXP
LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000
CLAIMS-MADE FX OCCUR PREM SDAMAGES Ea oNcurDrence $ "000,000
MED EXP(Any one person) $ 10,000
A Y 21SBAVK4909 09/12/2021 09/12/2022 PERSONAL&ADV INJURY $ 2,000,000
GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 4,000,000
PRO- Approved Risk Management
X POLICY ElJECT ❑ LOC �r PRODUCTS-COMP/OPAGG $ 4,000,000
OTHER: Employee Benefits $ 2,000,000
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 2,000,000
10-26-2021 Ea accident
ANYAUTO BODILY INJURY(Per person) $
A OWNED SCHEDULED 21SBAVK4909 09/12/2021 09/12/2022 BODI LY I NJ U RY(Pe r accide nt) $
AUTOS ONLY AUTOS
X HIRED �/ NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY X AUTOS ONLY Per accident
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESS LAB CLAIMS-MADE AGGREGATE $
DED I I RETENTION $ $
WORKERS COMPENSATION X1 STER ATUTE EORH
AND EMPLOYERS'LIABILITY Y/N 1'000'000
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $
B OFFICER/MEMBER EXCLUDED? N/A Z127447306 10/25/2021 10/25/2022
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000
If yes,describe under 1,000,000
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
Professional Liability Occurrence $1,000,000
C 652148721 09/12/2021 09/12/2023 Aggregate $2,000,000
Retention $25,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
Additional Insured applies to the General Liability as per Policy Form SS 00 08.30 Day Notice of Cancellation applies to the GL as per Policy Form SS 12
24.
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 Commissioners ACCORDANCE WITH THE POLICY PROVISIONS.
1100 Simonton Street
AUTHORIZED REPRESENTATIVE
Key West FL 33040
�YF
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
BUSINESS LIABILITY COVERAGE FORM Policy No 21 SBAVK4909
F. OPTIONAL ADDITIONAL INSURED 3. Additional Insured -Grantor Of Franchise
COVERAGES WHO IS AN INSURED under Section C. is
If listed or shown as applicable in the Declarations, amended to include as an additional insured
one or more of the following Optional Additional the person(s) or organization(s) shown in the
Insured Coverages also apply. When any of these Declarations as an Additional Insured -
Optional Additional Insured Coverages apply, Grantor Of Franchise, but only with respect to
Paragraph 6. (Additional Insureds When Required their liability as grantor of franchise to you.
by Written Contract, Written Agreement or Permit) 4. Additional Insured - Lessor Of Leased
of Section C., Who Is An Insured, does not apply Equipment
to the person or organization shown in the a. WHO IS AN INSURED under Section C. is
Declarations. These coverages are subject to the amended to include as an additional
terms and conditions applicable to Business insured the person(s) or organization(s)
Liability Coverage in this policy, except as shown in the Declarations as an Additional
provided below: Insured — Lessor of Leased Equipment,
1. Additional Insured - Designated Person Or but only with respect to liability for "bodily
Organization injury", "property damage" or "personal
WHO IS AN INSURED under Section C. is and advertising injury" caused, in whole or
amended to include as an additional insured in part, by your maintenance, operation or
the person(s) or organization(s) shown in the use of equipment leased to you by such
Declarations, but only with respect to liability person(s) or organization(s).
for "bodily injury", "property damage" or b. With respect to the insurance afforded to
"personal and advertising injury" caused, in these additional insureds, this insurance
whole or in part, by your acts or omissions or does not apply to any 'occurrence" which
the acts or omissions of those acting on your takes place after you cease to lease that
behalf: equipment.
a. In the performance of your ongoing 5. Additional Insured - Owners Or Other
operations; or Interests From Whom Land Has Been
b. In connection with your premises owned Leased
by or rented to you. a. WHO IS AN INSURED under Section C. is
2. Additional Insured - Managers Or Lessors amended to include as an additional
Of Premises insured the person(s) or organization(s)
shown in the Declarations as an Additional
a. WHO IS AN INSURED under Section C. is Insured—Owners Or Other Interests From
amended to include as an additional insured Whom Land Has Been Leased, but only
the person(s) or organization(s)shown in the with respect to liability arising out of the
Declarations as an Additional Insured - ownership, maintenance or use of that part
Designated Person Or Organization; but only of the land leased to you and shown in the
with respect to liability arising out of the Declarations.
ownership, maintenance or use of that part of
the premises leased to you and shown in the b. With respect to the insurance afforded to
Declarations. these additional insureds, the following
additional exclusions apply:
b. With respect to the insurance afforded to
these additional insureds, the following This insurance does not apply to:
additional exclusions apply: (1) Any 'occurrence" that takes place
This insurance does not apply to: after you cease to lease that land; or
(1) Any 'occurrence" which takes place (2) Structural alterations, new
after you cease to be a tenant in that construction or demolition operations
premises; or performed by or on behalf of such
(2) Structural alterations, new person or organization.
construction or demolition operations 6. Additional Insured - State Or Political
performed by or on behalf of such Subdivision —Permits
person or organization. a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the state or political subdivision
shown in the Declarations as an Additional
Page 18 of 24 Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
Insured — State Or Political Subdivision - (e) Any failure to make such
Permits, but only with respect to inspections, adjustments, tests or
operations performed by you or on your servicing as the vendor has agreed
behalf for which the state or political to make or normally undertakes to
subdivision has issued a permit. make in the usual course of
b. With respect to the insurance afforded to business, in connection with the
these additional insureds, the following distribution or sale of the products;
additional exclusions apply: (f) Demonstration, installation,
This insurance does not apply to: servicing or repair operations,
except such operations performed
(1) Bodily injury", property damage or at the vendor's premises in
"personal and advertising injury" connection with the sale of the
arising out of operations performed for product;
the state or municipality; or
" (g) Products which, after distribution
(2) "Bodily injury" or "property damage"e or sale by you, have been labeled
included in the "product-completed or relabeled or used as a
operations" hazard. container, part or ingredient of any
7. Additional Insured—Vendors other thing or substance by or for
a. WHO IS AN INSURED under Section C. is the vendor; or
amended to include as an additional (h) "Bodily injury" or "property
insured the person(s) or organization(s) damage" arising out of the sole
(referred to below as vendor) shown in the negligence of the vendor for its
Declarations as an Additional Insured - own acts or omissions or those of
Vendor, but only with respect to "bodily its employees or anyone else
injury" or "property damage" arising out of acting on its behalf. However, this
"your products" which are distributed or exclusion does not apply to:
sold in the regular course of the vendor's (i) The exceptions contained in
business and only if this Coverage Part
Subparagraphs (d) or(f); or
provides coverage for "bodily injury" or
"property damage" included within the (ii) Such inspections,
"products-completed operations hazard". adjustments, tests or servicing
b. The insurance afforded to the vendor is as the vendor has agreed to
make or normally undertakes
subject to the following additional exclusions: to make in the usual course of
(1) This insurance does not apply to: business, in connection with
(a) "Bodily injury" or "property the distribution or sale of the
damage" for which the vendor is products.
obligated to pay damages by (2) This insurance does not apply to any
reason of the assumption of insured person or organization from
liability in a contract or agreement. whom you have acquired such
This exclusion does not apply to products, or any ingredient, part or
liability for damages that the container, entering into,
vendor would have in the absence accompanying or containing such
of the contract or agreement; products.
(b) Any express warranty 8. Additional Insured—Controlling Interest
unauthorized by you; WHO IS AN INSURED under Section C. is
(c) Any physical or chemical change amended to include as an additional insured
in the product made intentionally the person(s) or organization(s) shown in the
by the vendor; Declarations as an Additional Insured —
(d) Repackaging, unless unpacked Controlling Interest, but only with respect to
solely for the purpose of inspection, their liability arising out of:
demonstration, testing, or the a. Their financial control of you; or
substitution of parts under b. Premises they own, maintain or control
instructions from the manufacturer, while you lease or occupy these premises.
and then repackaged in the original
container;
Form SS 00 08 04 05 Page 19 of 24
BUSINESS LIABILITY COVERAGE FORM
This insurance does not apply to structural The limits of insurance that apply to additional
alterations, new construction and demolition insureds are described in Section D. — Limits Of
operations performed by or for that person or Insurance.
organization. How this insurance applies when other insurance
9. Additional Insured — Owners, Lessees Or is available to an additional insured is described in
Contractors — Scheduled Person Or the Other Insurance Condition in Section E. —
Organization Liability And Medical Expenses General
a. WHO IS AN INSURED under Section C. is Conditions.
amended to include as an additional G. LIABILITY AND MEDICAL EXPENSES
insured the person(s) or organization(s) DEFINITIONS
shown in the Declarations as an Additional
Insured —Owner, Lessees Or Contractors, 1. "Advertisement" means the widespread public
but only with respect to liability for "bodily dissemination of information or images that
injury", "property damage" or "personal has the purpose of inducing the sale of goods,
and advertising injury" caused, in whole or products or services through:
in part, by your acts or omissions or the a. (1) Radio;
acts or omissions of those acting on your (2) Television;
behalf:
(3) Billboard;
(1) In the performance of your ongoing (4) Magazine;
operations for the additional (5) Newspaper;
insured(s); or
(2) In connection with "your work" b. The Internet, but only that part of a web
performed for that additional insured site that is about goods, products or
and included within the "products- services for the purposes of inducing the
completed operations hazard", but sale of goods, products or services; or
only if this Coverage Part provides c. Any other publication that is given
coverage for "bodily injury" or widespread public distribution.
"property damage" included within the However, "advertisement" does not include:
"products-completed operations a. The design, printed material, information
hazard".
or images contained in, on or upon the
b. With respect to the insurance afforded to packaging or labeling of any goods or
these additional insureds, this insurance products; or
does not apply to "bodily injury", "property
damage" or "personal an advertising b. An interactive conversation between or
injury" arising out of the rendering of, or among persons through a computer network.
the failure to render, any professional 2. "Advertising idea" means any idea for an
architectural, engineering or surveying "advertisement".
services, including: 3. "Asbestos hazard" means an exposure or
(1) The preparing, approving, or failure to threat of exposure to the actual or alleged
prepare or approve, maps, shop properties of asbestos and includes the mere
drawings, opinions, reports, surveys, presence of asbestos in any form.
field orders, change orders, designs or 4. "Auto" means a land motor vehicle, trailer or
drawings and specifications; or semi-trailer designed for travel on public
(2) Supervisory, inspection, architectural roads, including any attached machinery or
or engineering activities. equipment. But "auto" does not include
10. Additional Insured — Co-Owner Of Insured "mobile equipment".
Premises 5. "Bodily injury" means physical:
WHO IS AN INSURED under Section C. is a. Injury;
amended to include as an additional insured b. Sickness; or
the person(s) or Organization(s) shown in the
c. Disease
Declarations as an Additional Insured — Co-
Owner Of Insured Premises, but only with sustained by a person and, if arising out of the
respect to their liability as co-owner of the above, mental anguish or death at any time.
premises shown in the Declarations. 6. "Coverage territory" means:
Page 20 of 24 Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
(6) When You Are Added As An When this insurance is excess over other
Additional Insured To Other insurance, we will pay only our share of
Insurance the amount of the loss, if any, that
That is other insurance available to exceeds the sum of:
you covering liability for damages (1) The total amount that all such other
arising out of the premises or insurance would pay for the loss in the
operations, or products and completed absence of this insurance; and
operations, for which you have been (2) The total of all deductible and self-
added as an additional insured by that insured amounts under all that other
insurance; or insurance.
(7) When You Add Others As An We will share the remaining loss, if any, with
Additional Insured To This any other insurance that is not described in
Insurance this Excess Insurance provision and was not
That is other insurance available to an bought specifically to apply in excess of the
additional insured. Limits of Insurance shown in the
However, the following provisions Declarations of this Coverage Part.
apply to other insurance available to c. Method Of Sharing
any person or organization who is an If all the other insurance permits
additional insured under this Coverage contribution by equal shares, we will follow
Part: this method also. Under this approach,
(a) Primary Insurance When each insurer contributes equal amounts
Required By Contract until it has paid its applicable limit of
This insurance is primary if you insurance or none of the loss remains,
have agreed in a written contract, whichever comes first.
written agreement or permit that If any of the other insurance does not permit
this insurance be primary. If other contribution by equal shares, we will
insurance is also primary, we will contribute by limits. Under this method, each
share with all that other insurance insurer's share is based on the ratio of its
by the method described in c. applicable limit of insurance to the total
below. applicable limits of insurance of all insurers.
(b) Primary And Non-Contributory 8. Transfer Of Rights Of Recovery Against
To Other Insurance When Others To Us
Required By Contract a. Transfer Of Rights Of Recovery
If you have agreed in a written If the insured has rights to recover all or
contract, written agreement or part of any payment, including
permit that this insurance is Supplementary Payments, we have made
primary and non-contributory with under this Coverage Part, those rights are
the additional insured's own transferred to us. The insured must do
insurance, this insurance is nothing after loss to impair them. At our
primary and we will not seek request, the insured will bring "suit" or
contribution from that other transfer those rights to us and help us
insurance. enforce them. This condition does not
Paragraphs(a) and (b) do not apply to apply to Medical Expenses Coverage.
other insurance to which the additional b. Waiver Of Rights Of Recovery (Waiver
insured has been added as an Of Subrogation)
additional insured.
If the insured has waived any rights of
When this insurance is excess, we will recovery against any person or
have no duty under this Coverage Part to organization for all or part of any payment,
defend the insured against any "suit" if any including Supplementary Payments, we
other insurer has a duty to defend the have made under this Coverage Part, we
insured against that "suit". If no other also waive that right, provided the insured
insurer defends, we will undertake to do waived their rights of recovery against
so, but we will be entitled to the insured's such person or organization in a contract,
rights against all those other insurers. agreement or permit that was executed
prior to the injury or damage.
Form SS 00 08 04 05 Page 17 of 24