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Item C43 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: S_eX_temb_er1_7,2013 Division:--Employee Services Bulk Item: Yes X.— No — Department:_ IT Resources Staff Contact PersonlPhone#: Teresa A *ar X4458 gm AGENDA IT EM WORDING: Approval to accept proposal from Evergreen to conduct a Job Classification and Compensation Study at a fee of $82,000. ITEM BACKGROUND: On April 17, 2013, the BOCC directed staff to develop an RFP to solicit interest to conduct the study. On June 19, 2013, the BOCC approved the draft request for proposal. The advertisement seeking bids was done June 28, 29 and 30, 2013. The publicly advertised and ranIdng meeting of proposals was held on August 19,2013.Five proposals were received. PREVIOUS RELEVANT BOCC ACTION: The last time a study was approved by the BOCC was November 12, 1996. A solicitation for bids was advertised and the County contracted with the forra of Coopers&Lybrand on February 19, 1997. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval. TOTAL COST:_jR2,CL00 INDIRECT COST:—BUDGETED: Yes —No X DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY:— N/A SOURCE OF FUNDS:_Ad Valorem REVENUE PRODUCING: Yes No X AMOUNT PER MONTH— Year 77777-7-, APPROVED BY: County Attyc_., 0 Risk Managementl DOCUMENTATION: Included X Not Required__ DISPOSITION:—— AGENDA ITEM# L� Revised 7/09 & M ONROE COUNTY BOARD COUNTY COMMISSIONERS CONTRACT SUMMARY Contract Contract with: Evergeen Effective Oate:9/23/13 Expiration Date-l/21/14 Contract Purpose/Description:a royal o contract n.M. Co d Ewe een to conduct Comm&Classification study services Contract er:T e A,&tuar 4458 Emkloyee Services (Name) (Ext.) (Department) for EOCC meetgo Se tezrtber 17 2013 Agenda Deadline: Se tember 3 2013 CONTRACT COSTS Total Dollar Value of Contract: $ 2,000 Current Year Portion: _ Budgeted?YesEl No 0 Account Codes: 00 1-00101-530-3 0® Gr t: County Match: ADDITIONAL COSTS Estimated Ongoin Costs: $., Syr (Not included in dollar value above) (e .maintenance,utilities,janitorial,salaries,etc.) CONTRACT REVIEW Changes Date Out to Deeded Rev' weer Division Director es[:]No Risk Management 'C YesEl No F O.M.B./Purchasing �:; r Yes 1 County attorney �?-(,5~ :13 Ye9F � �� � - 605 Comments: OMB Form Revised 9/11/95 MCP A2 e n �/� O OF COUNTY C SSIONE County of Monroe Mayor George Ncugent,District 2 ' Mayor Pro Tem,Heather Carruthers,District 3 The Florida Keys Danny L.Kolhage,District 1 ' David Rice,District 4 Sylvia J.Murphy,District 5 of -of the Employee servke,Division Director 11M H'istmc Gate r F 1100 simantan star,sum 268 tray west PL 33040 (305)292-4458—Phan (305)292-064-Fax : Board of County Commissioners FROM: Teresa E. uiar, Employee Services Director DATE: September 1 ,2013 S J: Approval of Contract with Evergreen Solutions,LL quest for proposals was advertised in June to hire an individual or firm to conduct a Job Classification and Compensation Study. e proposals were evaluated and analyzed by the o 's Selection Committee made up of Virginia Pan°co,Christine Hurley,George Brentnall and myself. The Selection Committee reviewed the proposals individually and a public meeting was held on August 19,2013. Below are the final average rankings of the Selection Committee in order of preference(1 being the top pick): EVERGREEN 1 GT of AMERICA CONDREY&ASSOCIATES,INC. WATERS CONSULTING GROUP CODY&ASSOCIATES 5 It is recommended that Board approve the contract between Monroe County and Evergreen at the fee of$82,000 with the effective date of September ,2013.If you have any questions,please do not hesitate to contact me at X4458. AGREEMENT MONROE COUNTY CONTRACT FOR Compensation & Classification Study SERVICES THIS AGREEMENT is made and entered into this 171h day of September, 2013, by MONROE COUNTY ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 and Evergreen Solutions, LLC ("CONTRACTOR"), whose address is 2878 Remington Green Circle, Tallahassee, Florida 32312. Section 1. SCOPE OF SERVICES CONTRACTOR shall do, perform and carry out in a professional and proper manner certain duties as described in the Scope of Services— Exhibit A—which is attached hereto and made a part of this agreement. CONTRACTOR shall provide the scope of services in Exhibit A for COUNTY. CONTRACTOR warrants that it is authorized by law to engage in the performance of the activities herein described, subject to the terms and conditions set forth in these Agreement documents. The CONTRACTOR shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. Contractor shall provide services using the following standards, as a minimum requirement: A. The CONTRACTOR shall maintain adequate staffing levels to provide the services required under the Agreement resulting from the RFP process. B. The personnel shall not be employees of or have any contractual relationship with the County. To the extent that Contractor uses subcontractors or independent contractors, this Agreement specifically requires that subcontractors and independent contractors shall not be an employee of or have any contractual relationship with County. C. All personnel engaged in performing services under this Agreement shall be fully qualified, and, if required, to be authorized or permitted under State and local law to perform such services. Section 2. COUNTY'S RESPONSIBILITIES 2.1 The County will provide such data as is required by the Contractor and is mutually agreed upon. 2.2 The County will make payments as outlined in Section 4 of this Agreement. 1 of 36 Section 3. TERM OF AGREEMENT 3.1 Except as noted below.this Agreement shall begin on the 47th-day of 2013 and will conclude with delivery of the flnW deliverable outlined In Section 1 of this Agreement. Evergreen will complete all work within 120 days of project start data c3b. eap� i13t a01 ��� Section 4. PAYMENT TO CONTRACTOR 4.1 Payment will be made according to the Florida Local Government Prompt Payment Act, Section 218.70, Florida Statutes. The Provider shall submit to the County an Invoice with supporting documentation in a form acceptable to the Clerk Acceptability to the Clerk Is based on generally accepted accounting principles and such Iowa, rules and regulations as may govem the Clerk's disbursal of funds. The Director of Employee Services will review the request, note Mather approval on the request and forward it to the Clerk for payment. Payment will be made in phases as each phase is completed as shown In Exhibit A. Detailed Work Plan. 4.2 Any extension of this Agreement beyond the term noted In Section 3 Is contingent upon annual appropriation by Monroe County. Section& CONTRACT TERMINATION Either party may tenrrdnate this Agreement because of the faBure of the other party to psiform b obligations under the Agreement. COUNTY may terminate this Agreement with or without cause upon thirty (30) days' notice to the CONTRACTOR. COUNTY shall pay CONTRACTOR for work performed through the data of termination. 3aation 8. CONTRACTOR'S ACCEPTANCE OF CONDMONS A. CONTRACTOR hereby agrees that he has carefully examined the RFP, his response, and this Agreement and has made a determination that hefshe has the personnel, equipment, and other requirements suitable lo► perform this work and assumes full responsibility therefore. The provisions of the Agreement shall control any Inconsistent provisions contained In the spectiicartlons. All specifications have been read and carefully considered by CONTRACTOR, who understands the same and agrees to their suffldency for the work to be done. Under no circumstances, conditions, or situations shall this Agreement be more strongly construed against COUNTY than against CONTRACTOR. B. Any ambiguity or uncertainty In the specMeatlons shall not be construed against the drafter. C. The passing. approval, and/or acceptance by COUNTY of any of the services fumishad by CONTRACTOR shall not operate as a waiver by COUNTY of strict compliance with the terms of this Agreement, and specifications covering the services. 2 of 36 D. CONTRACTOR agrees that County Administrator or his designated representatives may visit CONTRACTOR'S facility (ies) periodically to conduct random evaluations of services during CONTRACTOR'S normal business hours. E. CONTRACTOR has, and shall maintain throughout the term of this Agreement, appropriate licenses and approvals required to conduct its business, and will at all times conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to COUNTY upon request. Section 7. NOTICES Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: To the COUNTY: Employee Services Director 1100 Simonton Street, Suite 2-268 Key West, Florida 33040 To the CONTRACTOR: Evergreen Solutions 2878 Remington Green Circle Tallahassee, Florida 32312 Section 8. RECORDS CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the agreement and for five (5) years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Section 55.03 of the Florida Statutes, running from the date the monies were paid to CONTRACTOR. Section 9. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020- 1990 The CONTRACTOR warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision the COUNTY may, in its discretion, terminate this agreement without liability and may also, in its discretion, deduct from the agreement or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. 3 of 35 Section 10. CONVICTED VENDOR By signing this agreement, CONTRACTOR represents that the execution of this Agreement will not violate the Public Entities Crime Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from County's competitive procurement activities. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a Agreement with a public entity for the construction or repair of a public building or public work, may not perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under Agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for the Category Two for a period of 36 months from the date of being placed on the convicted vendor list. Section 11. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue shall fie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. Section 12. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 4 of 36 Section 13. ATTORNEY'S FEES AND COSTS The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, and court costs, as an award against the non-prevailing party. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the Circuit Court of Monroe County. Section 14. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. Section 15. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Section 16. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement shall not be subject to arbitration. Section 17. COOPERATION In the event any administrative or legal proceeding is instituted against either parry relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. Section 18. NONDISCRIMINATION COUNTY and CONTRACTOR agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically S of 36 terminates without any further action on the part of any party, effective the date of the court order. COUNTY or CONTRACTOR agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. Section 19. COVENANT OF NO INTEREST COUNTY and CONTRACTOR covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. Section 20. CODE OF ETHICS The parties understand that officers and employees of the COUNTY are required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Section 21. NO SOLICITATION/PAYMENT The COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. 6 of 36 For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. Section 22. PUBLIC ACCESS The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CONTRACTOR in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR. Section 23. NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the COUNTY and the CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the COUNTY be required to contain any provision for waiver. Section 24. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. Section 25. LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 7 of 36 Section 26. NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. Section 27. ATTESTATIONS CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, including, but not being limited to, a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement, Lobbying and Conflict of Interest Clause, and Non-Collusion Agreement. Section 28. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. Section 29. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. Section 30. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. Section 31. INSURANCE POLICIES 31.1 General Insurance Requirements for Other Contractors and Subcontractors. As a pre-requisite of the work governed, the CONTRACTOR shall obtain, at his/her own expense, insurance as specified in any attached schedules, which are made part of this 8 of 36 contract. The CONTRACTOR will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the CONTRACTOR. As an alternative, the CONTRACTOR may require all Subcontractors to obtain insurance consistent with the attached schedules; however CONTRACTOR is solely responsible to ensure that said insurance is obtained and shall submit proof of insurance to COUNTY. Failure to provide proof of insurance shall be grounds for termination of this Agreement. The CONTRACTOR will not be permitted to commence work governed by this contract until satisfactory evidence of the required insurance has been furnished to the COUNTY as specified below. Delays in the commencement of work, resulting from the failure of the CONTRACTOR to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the CONTRACTOR's failure to provide satisfactory evidence. The CONTRACTOR shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced and/or termination of this Agreement and for damages to the COUNTY. Delays in the completion of work resulting from the failure of the CONTRACTOR to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the CONTRACTOR's failure to maintain the required insurance. The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required insurance, either: • Certificate of Insurance or • A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty(30)days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured"on all policies, except for Workers' Compensation. 9 of 36 31.2Insurance Requirements For Contract Between County And Contractor Prior to the commencement of work governed by this contract, the CONTRACTOR shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Bodily Injury Liability • Expanded Definition of Property Damage The minimum limits acceptable shall be: $500,000 Combined Single Limit(CSL) If split limits are provided, the minimum limits acceptable shall be: $250,000 per Person $500,000 per Occurrence $50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12)months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 31.3 Vehicle Liability Insurance requirements Recognizing that the work governed by this contract requires the use of vehicles, the CONTRACTOR, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $300,000 Combined Single Limit(CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $50,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 10 of 36 31.4 Workers' Compensation Insurance Requirements Prior to commencement of work governed by this contract, the CONTRACTOR shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. In addition, the CONTRACTOR shall obtain Employers' Liability Insurance with limits of not less than: $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $500,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. 31.5 Professional Liability Requirements Recognizing that the work governed by this contract involves the furnishing of advice or services of a professional nature, the Contractor shall purchase and maintain, throughout the life of the contract, Professional Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of the Contractor arising out of work governed by this contract. The minimum limits of liability shall be: $500,000 per occurrence/$1,000,000 Aggregate Section 32. INDEMNIFICATION The CONTRACTOR does hereby consent and agree to indemnify and hold harmless the COUNTY, its Mayor, the Board of County Commissioners, appointed Boards and Commissions, Officers, and the Employees, and any other agents, individually and collectively, from all fines, suits, claims, demands, actions, costs, obligations, attorney's fees, or liability of any kind arising out of the sole negligent actions of the CONTRACTOR or substantial and unnecessary delay caused by the willful nonperformance of the CONTRACTOR and shall be solely responsible and answerable for any and all accidents or injuries to persons or property arising out of its performance of this contract. The amount and type of insurance coverage requirements set forth hereunder shall in no way be construed as limiting the scope of indemnity set forth in this paragraph. Further the CONTRACTOR agrees to defend and pay all legal costs attendant to acts attributable to the sole negligent act of the CONTRACTOR. 11 of -36 At all times and for all purposes hereunder, the CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners. No statement contained in this agreement shall be construed so as to find the CONTRACTOR or any of his/her employees, contractors, servants or agents to be employees of the Board of County Commissioners for Monroe County. As an independent contractor the CONTRACTOR shall provide independent, professional judgment and comply with all federal, state, and local statutes, ordinances, rules and regulations applicable to the services to be provided. The CONTRACTOR shall be responsible for the completeness and accuracy of its work, plan, supporting data, and other documents prepared or compiled under its obligation for this project, and shall correct at its expense all significant errors or omissions therein which may be disclosed. The cost of the work necessary to correct those errors attributable to the CONTRACTOR and any damage incurred by the COUNTY as a result of additional costs caused by such errors shall be chargeable to the CONTRACTOR. This provision shall not apply to any maps, official records, contracts, or other data that may be provided by the COUNTY or other public or semi- public agencies. The CONTRACTOR agrees that no charges or claims for damages shall be made by it for any delays or hindrances attributable to the COUNTY during the progress of any portion of the services specified In this contract. Such delays or hindrances, if any, shall be compensated for by the COUNTY by an extension of time for a reasonable period for the CONTRACTOR to complete the work schedule. Such an agreement shall be made between the parties. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day of 2013. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: Amy Heavilin, CLERK OF MONROE COUNTY, FLORIDA By_ by Deputy Clerk Mayor/Chairman (CORPORA S L) Evergreen Solutions, LLC ATTEST:'I By ! by Dr. Jeff Ling ( Title: Executive Vice-President MONROE COUNTY ATTORNEY AP OV OAS T 12 of 36 ASSIST N COUNTY ATTORNEY Date — l, '_0« EXHIBIT A The detailed work plan that Evergreen Solutions proposes to use to provide the Compensation and Classification Study Services to Monroe County is provided below. Note: Evergreen understands that according to Addendum #3, this study will include approximately 265 non-union employees in 178 classifications as well as 124 union employees in 46 classifications who are represented by the Teamsters bargaining unit. Our work plan is comprised of the following five phases and 14 tasks. We have included a cost for each phase that upon completion of that phase will be billed to the County. Phase 1: Review and Update Job Descriptions ($25,000) • Task 1: Project Initiation • Task 2: Collect and Review Current Environment Data • Task 3: Provide Revised Class Descriptions and FLSA Determinations Phase II: Place Jobs in Appropriate Classifications ($12,000) • Task 4: Evaluate and Build Projected Classification Plan Phase III: Establish Pay Ranges for each Classification ($30,000) • Task 5: Evaluate the Current System • Task 6: Develop Compensation Philosophy • Task 7: Identify Market Survey Benchmarks • Task 8: Identify Approved List of Survey Targets • Task 9: Conduct Market Salary Survey and Provide External Assessment Summary • Task 10: Conduct Market Benefits Survey • Task 11: Develop Strategic Positioning Recommendations • Task 12: Conduct Solution Analysis Phase IV: Place Employees within the Appropriate Pay Range ($5,000) • Task 13: Develop Recommendations for Compensation Administration Phase V: Make Recommended Improvements/Alternatives to County's Existing Classification and Compensation Structure ($10,000) • Task 14: Develop and Submit Draft and Final Reports 13 of 36 I—REVIEW AND UPDATE JOB DESCRIPTIONS Task 1.0 TASK GOALS Project Kick Off • Finalize the project plan with Monroe County(County). • Gather all pertinent data. • Finalize any remaining contractual negotiations. • Establish an agreeable final time line for all project milestones and deliverables. TASK ACTIVITIES 1.1 Meet with the designated County Project Manager (CPM)to discuss the following objectives: • understand the County's mission and current compensation philosophy(if any); • review our proposed methodology, approach, and project work plan to identify any necessary revisions; • reach agreement on a schedule for the project including all assignments and project milestones/deliverables; and • establish an agreeable communication schedule. .2 Identify potential challenges and opportunities for the study. Discuss the strategic direction of the County and some of the short-and long-term priorities. This activity serves as the basis for assessing where the organization is going and what type of pay plan will reinforce current and future goals. 1.3 Obtain relevant materials, including: • any previous projects, research,evaluations, or other studies that may be relevant to this project; • organizational charts for the departments and divisions, along with related responsibility descriptions; 14 of 36 • current position and classification descriptions, salary schedule(s), and classification system; • strategic business plans, budgets, and performance evaluation forms; and • personnel policies and procedures, and the step placement policies. 1.4 Review and edit the project work plan and submit a schedule for the completion of each project task. KEY PROJECT MILESTONES • Comprehensive project management plan • Comprehensive database of County employees Task 2.0 TASK GOAL Collect and Review Current • Conduct statistical and anecdotal research into the Environment Data current environment within Monroe County. • Guide subsequent analytical tasks. TASK ACTIVITIES 2.1 Schedule and conduct employee orientation sessions. 2.2 Meet with department heads and/or division level directors to obtain relevant information and statistical/anecdotal data on specific compensation issues and policies. Obtain insight into perceived current compensation system strengths and weaknesses. 2.3 Hold focus groups with a sample of employees to obtain additional relevant information and statistical/anecdotal data on specific compensation issues and policies. 2.4 Work with the CPM to administer the JATs and MITs. Our staff utilizes a web-based tool for data collection, but we can provide paper copies as well as those for classifications without computers or Internet access. We will seek approval from the CPM before distribution of the JAT/MIT questionnaire. 15 of 36 2.5 Review any data provided by the County that may provide additional relevant insight. 2.6 Review internal career ladders and make preliminary recommendations to keep positions competitive. KEY PROJECT MILESTONES • JAT and MIT distribution • Department head and/or division level director interviews • Employee focus groups and employee orientation sessions Task 3.0 TASK GOALS Provide Revised Class Descriptions • Update existing class descriptions. and FLSA Determinations • Create new class descriptions as needed, ensuring FLSA, EEO/ADA requirement satisfaction. • Provide final version of all class descriptions/specifications in electronic format(i.e., MS Word)after approval by the CPM. TASK ACTIVITIES 3.1 Assess current class descriptions for form, content, validity, and ADA compliance. 3.2 Discuss new class description format with the CPM. 3.3 Revise classification descriptions based on data gathered from the JAT process. 3.4 Create new class descriptions for new classifications, as needed. Provide complete listing of the allocation of job classes to salary range assignments. 3.5 Make FLSA determinations based on work performed and federal requirements. 3.6 Recommend a systematic, regular process for reviewing job descriptions. 16 of 36 KEY PROJECT MILESTONES • Updated class descriptions • New class descriptions as needed II—PLACE JOBS IN APPROPRIATE CLASSIFICATIONS Task 4.0 TASK GOALS Evaluate and Build Projected • Identify the classification of existing positions utilizing Classification Plan Evergreen's job evaluation system. • Review JAT responses. • Characterize internal equity relationships within Monroe County. TASK ACTIVITIES 4.1 Review all draft class specifications with the CPM. 4.2 Review the work performed by each classification and score. Review includes evaluation of supervisory comments. 4.3 Review JAT scores and identify the classification of positions. 4.4 Schedule and conduct additional follow up with employees for jobs where uncertainty exists over data obtained from the JATs. 4.5 Develop preliminary recommendations for the classification structure. The classification system designed at this point would be based solely on internal equity relationships and would be guided by the JAT scores for each classification. Essentially, a structure of classifications would be established, and classifications with similar scoring would be grouped into pay grades. Spacing between jobs would be determined, and each classification would be assigned to a pay grade. Final decision on the minimums and maximums of the pay grades would be determined after the market data has been collected. 17 of 36 4.6 Review recommendations with the CPM. 4.7 Discuss questions and categories for the market survey. KEY PROJECT MILESTONES • JAT' scores by class • Recommended classification changes • Preliminary job structure based on internal equity III—ESTABLISH PAY RANGES FOR EACH CLASSIFICATION Task 5.0 TASK GOAL Evaluate the Current System Conduct a comprehensive preliminary evaluation of the County's existing compensation plan. TASK ACTIVITIES .1 Obtain the existing pay structure and classification and compensation philosophy. Review the existing pay structure and look for potential problems to be resolved. 5.2 Determine the strengths and weaknesses of the current pay plan(s)and the methods used in determining individual pay for hires, demotions, promotions, methods of progression through pay ranges, etc. 5.3 Complete an assessment of current conditions that details the pros and cons of the current system as well as highlights areas for potential improvement in the final adopted solution. KEY PROJECT MILESTONES • Review of existing compensation plan(s) • Assessment of current conditions Task 6.0 TASK GOAL Develop Compensation Facilitate the development of the County's initial Philosophy compensation philosophy. 18 of 36 TASK ACTIVITIES 6.1 Conduct a thorough review of all background materials related to the County's compensation system. 6.2 Review information from department head interviews. 6.3 Review results of previous steps with the CPM and present various options for compensation philosophy components. Coordinate this meeting with the CPM. 6.4 Develop initial compensation philosophy based on input from previous steps. KEY PROJECT MILESTONE • Initial compensation philosophy Task 7.0 TASK GOAL Identify List of Market Survey Identify the proper benchmark positions for the Benchmarks external labor market assessment to reach an appropriate number. TASK ACTIVITIES 7.1 Conduct a thorough review of all materials to date, including employee database, classification listing, interviews, compensation review, and meetings with CPM. 7.2 Identify, from the initial review, a list of classifications (benchmarks)to include in the labor market survey. 7.3 Submit the proposed list of positions to the CPM for review. 7.4 Based on CPM review, make revisions to the benchmark list and finalize consistent with Evergreen Solutions analysis. KEY PROJECT MILESTONES • Preliminary list of benchmark classifications • Final list of benchmark positions for the external labor market assessment 19 of 36 Task 8.0 TASK GOAL Identify Approved List of Survey Identify and develop a comprehensive list of targets for Targets conducting a successful external labor market assessment. TASK ACTIVITIES 8.1 For each employee group, review with the CPM peer organizations that must be included in the survey. 8.2 Develop a preliminary list of organizations for the external labor market survey, placing a comparative emphasis on characteristics such as: • size of the organization; • geographic proximity to Monroe County; • economic and budget characteristics; and • other demographic data. 8.3 Develop a list of survey targets by employee group. Develop a system for use of secondary data including potential sources and weighting of secondary data, if necessary. 8.4 Review survey methodology with CPM and refine survey methodology prior to distribution of survey. 8.5 After approval of survey methodology, develop contact list of peer organizations and notify peers of impending survey. KEY PROJECT MILESTONES • Initial list of survey peers • Survey methodology • Final list of survey organizations and contacts Task 9.0 TASK GOALS Conduct Market Survey and • Conduct the external labor market salary survey. Provide External Assessment • Provide a summary of the survey results to the CPM for Summary review. (Concurrent with Task 10.0) 20 of 36 TASK ACTIVITIES 9.1 Prepare a customized external labor market salary survey for the CPM's approval. 9.2 Contact the targets for electronic completion of the survey. Provide paper copies by fax, if requested. 9.3 Conduct necessary follow-up through e-mails, faxes, and phone calls. 9.4 Collect and enter survey results into Evergreen Solutions electronic data analysis tools. 9.5 Validate all data submitted. 9.6 Develop summary report of external labor market assessment results. 9.7 Submit summary report of external labor market assessment results to CPM. KEY PROJECT MILESTONES • Market survey instrument • Summary report of external labor market assessment results Task 10.0 TASK GOALS Conduct Market Benefits Survey • Conduct an external labor market benefits survey. (Concurrent with Task(Concurrent • Provide a summary of the survey results to the CPM for review. TASK ACTIVITIES 10.1 Develop a listing of the benefits provided by the County and review current benefits (including but not limited to health insurance, vacation, sick leave, holiday, and leave policies, educational benefits, and years of service awards)as compared to competitive employers. 10.2 Using the list of County provided benefits and major benefits offerings not provided by the County to develop a list of benefits to include in the external labor market survey. 21 of 36 10.3 Develop benefits survey to be included with salary survey developed in Task 9.0. 10.4 Conduct a survey of benefits in use by competitive employers, to include both private and public employers, and make recommendations regarding the benefits which the County might competitively employ in its market. 10.5 Submit benefits survey to CPM for review. 10.6 Revise benefits survey, as needed. 10.7 Distribute benefits survey in conjunction with salary survey. 10.8 Develop and submit summary report of external labor market benefits results to CPM. Report will include recommendations regarding how long employees should work before receiving benefits. KEY PROJECT MILESTONES • Catalogue of existing County benefits • Benefits survey instrument • Summary report of external labor market benefits results Task 11.0 TASK GOALS Develop Strategic Positioning • Assess the appropriateness of the County's current Recommendations compensation philosophy. • Plan for all employees, providing issue areas and preliminary recommendations for strategic improvement. TASK ACTIVITIES 11.1 Identify the accepted compensation philosophy and accompanying thresholds. 11.2 Using the market salary and benefits data collected in Tasks 9 and 10 and the classification data reviewed in Task 4, determine the proper pay plan including 22 of 36 number of grades, steps, and ranges. 11.3 Identify highly competitive positions within the County and customize recommendations for compensation where required. 11.4 Produce a pay plan(s)that best meets the needs of the County from an internal equity and external equity standpoint. KEY PROJECT MILESTONES • Proposed compensation strategic direction, taking into account internal and external equity • Plan for addressing unique, highly competitive positions Task 12.0 TASK GOALS Conduct Solution Analysis • Conduct analysis comparing JAT values. • Survey results for the benchmark positions. • Produce several possible solutions for implementation. TASK ACTIVITIES 12.1 Conduct regression analysis or other appropriate techniques to properly slot each classification into the proposed pay plan. 12.2 Place all classifications into pay grades based on Task Activity 12.1. Sort alphabetically by job class title, in descending order by range, and by old class title and new class specifications. 12.3 Create implementation solutions for consideration that take into account the current position of the organization as well as the findings from the classification and compensation analysis. Identify and prepare a range of compensation policy alternatives. 12.4 Meet with the CPM to discuss the potential solutions. 12.5 Determine the best solution to meet the County's needs in the short-term and long-term. 23 of 36 12.6 Document the accepted solution. KEY PROJECT MILESTONES • Initial regression analysis • Potential solutions • Documented final solution N—PLACE EMPLOYEES WITHIN THE APPROPRIATE PAY RANGE Task 13.0 TASK GOAL Develop Recommendations • Develop recommendations for the continued for Compensation administration by County staff to sustain the Administration recommended compensation and classification structure. TASK ACTIVITIES 13.1 Develop recommendations and guidelines for the continued administration and maintenance of the classification and compensation structure, including recommendations and guidelines related to: • how employees will move through the pay structure/system as a result of transfers, promotions, or demotions; • how to pay employees whose base pay has reached the maximum of their pay range or value of their position; • how to adjust compensation of employees within each proposed classification based on education, experience of the employee directly related to the position. • the proper mix of pay and benefits; • how often to adjust pay scales and survey the market; 4 of 36 • the timing of implementation; and • how to keep the system fair and competitive over time. 13.2 Recommend recruitment/retention strategies, where appropriate. 13.3 Present recommendations to the CPM for review. KEY PROJECT MILESTONES • Recommendations for compensation administration • Recommendations for recruitment/retention policies V—MAKE RECOMMENDED IMPROVEMENTSIALTERNATIVE 3 TO COUNM EXISTING CLASSIFICATION AND COMPENSATION STRUCTURE Task 14.0 TASK GOALS Develop and Submit Draft and • Develop and submit a draft and final report of the Final Reports Compensation and Classification Study Services to Monroe County. • Deliver a presentation to the County. • Provide training to the County. • Provide consultation at no cost to the County for up to one year following project completion. TASK ACTIVITIES 14.1 Produce a comprehensive draft report that captures the results of each previous step. Provide the draft report to the CPM for review. The report will include any detailed costs associated with the implementation of any recommended changes resulting from this study. 14.2 Submit the comprehensive draft report to the CPM. 14.3 Make edits and submit necessary copies of the final 25 of 36 report. 14.4 Deliver a formal presentation of the final report to senior staff and County Commissioners, as needed. 14.5 Develop a communication plan for sharing study results with employees 14.6 Develop implementation database to communicate the process and progress of this project to the CPM and any other employee or groups designated by the CPM. 14.7 Develop a plan for maintaining recommendations over time. 14.8 Train in-house staff on sustaining the recommended classification/compensation system. 14.9 Provide consultation by phone at no cost to the County for a period of 12 months after project completion to ensure that all aspects of the study results, recommendations, and implementation plan are clear and maintainable. KEY PROJECT MILESTONES • Draft and final reports • Final presentation • Communication plan • Implementation and Maintenance database • Training • Consultation 26 of 36 0 R P SE LORM 0 RESPOND . MONR E COUNTY BOARD OF COUNTY COMMISSIONERS Purchasing Department GATO BUILDING, ROOM 2-213 1 100 SIMONTON STREET KEY WEST, FLORIDA 33040 /IaclknovAedge receipt of Addenda No.(s) 1 have included: • Response • Lobbying and Conflict of Interest Clause • Non-Collusion Affidavit • Drug Free Workplace Form • Public Entity CrimeStatement • Monroe County occupational license and relevant City occupational licenses are required to be obtained within ten days of award of the contract • Local Preferences Form(if applicable) 771 I h N�Incuded�c 4 py of the f pro al nd o upatlonal licenses: mm� �l it If the applicant is not an individual(soleproprietor),please supply the following information: APPLICANT ORGANIZATION: (Registered business name must appear exactly it appears on o ). Any applicant other than an Individual(sole proprietor)must submit a printout of the"Detail by Entity Name"screen from Sunbiz,and a copy of the most recent annual report filed with the Florida Department of State, Division of Corporations. M •° g Address: i° �-mTelephone: r � Fax: ' Signed: Witness: 9V rr Nam �. o L Tit e) TAT F: COUNTY O : anF Subscribed worn o ad)before me on (date)by m ApamzeaffiantHR he i pe Hall known to me or has produced (type n i i identification. N T RY PUBLIC y mission Expires:0 NOTARY PUBLIC STATE OF FLORIDA 27 of 36 Co nm#ES1186118 - EXpIrm1 15 0 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO.010-1990 MON'ROE COUNTY, FLORIDA ETHICS CLAUSE (Company) ...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010- 1990 or any County officer or employee in violation of Section 3 of Ordinance No. 01 - 1 90. For breach or violation of this provision the County may, in its discrebon, terTninate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee." (Signature) Date: i STATE COIN Leo- Subscribed and sworn to (or armed)before me on °, 1 (date) by (name of a ant he i � 'S personally kno o me or has produced l y o identification)as identification JABWKU e )NarARY Luc +�ZOTA Y PUBLIC E*kn STATE OF FLORIDA My Commission Expires: Conwn#EEIISM 10=2015 8 of 36 H NON-COLLUSION AFFIDAVIT 1, _J� - of the city of �m � -� according to law on my oath, and under penalty of penury, depose and say that 1. 1 am :-Pieq of the firm m the bidder ma Nsaid e Pr salforth ro°ec des be the Request for Proposals for and that l executed 0 theroposal with authority to do so; 2. The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting 0 competition, as to any matter relating to such prices with any other bidder or with any competitor; 3. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly e disclosed by the bidder prior to bid opening, directly or Indirectly, to any other bidder or to anycompetitor; and 4. No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restrictingcompetition-, . The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awardi contract said roject. ure) >i Date: xjct�— STATE OF: COUNTY F: u ribed and sworn to r affirmed)before me on (date) by cz�w (name of athant) N She is personally nown to me or h s produced (type of identification) as identifi tion. JAS" UNE 8 NOTARY PUBLIC NarMY Luc STATE OF FLOPJDA COMM tEE110W My Commission Expires: EViM 1 Qa=15 29 of 36 DRUG-FREE WORKPLACE FOR The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: .�;(�.--- (Name of Busin s) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. . Informs employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenderre to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5)days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certi s fimkcomplies fully with the above requirements. Date: 417 STATE OF: COUNTY OF: Subscribed and sworn to(or Affirmed)before me on �I (date)by { vet (name of affiant). Ne/S a is rson illy known t me or has p uc (type identification)as id f tion. JAOgUIlLINO V NOTARY PUB / NOTARY 1111.11111.10 My Commission Expires: STATE OF FLORIDA OWWW 11il" Expk"1000% 30 of 36 ` PUBLIC ENTITY CRIME STATEMENT °A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 1 have read the above and state that neither Yid' (Proposer's 0 name) nor any Affiliate has been placed on the convictdd vendor list within the last 36 months. 0['] <: yp (Signature � Date: `J � STATE OF: 71 COUNTY F: Subscribed and swom to (or affirmdd) before me on U (date)by name of rant) e/ e i personally known to me or has produced (type of identification)as identification. OTARY PUBLIC ^ ALINE BARNES C�llmm�' i Ion Expires: 010TARYPUBLIC STATE OF FLORIDA a Co"WO EE119119 E)q*w 10a=15 31 of 36 MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL Indemnification and Hold Harmless For Other Contractors and Subcontractors The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by negligence, errors, or other wrongful act of omission of the Contractor or its Subcontractors in any tier, their employees, or agents. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 32 of 36 WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND EVEHaEEN SOLUTIONS, LLC Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $500,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. 33 of 36 GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND F.VRRRR .V..N SDT.IITTQXS T.T.r Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability • Expanded Definition of Property Damage The minimum limits acceptable shall be: $500,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $250,000 per Person $500,000 per Occurrence $50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 34 of 36 VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND TFRMFFN SMAITTQNS M.C. Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $300,000 Combined Single Limit(CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $50,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 35 of 36 PROFESSIONAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND EVERGREEN SOLUTIONS, LLC Recognizing that the work governed by this contract involves the furnishing of advice or services of a professional nature, the Contractor, shall purchase and maintain, throughout the life of the contract, Professional Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of the Contractor arising out of work governed by this contract. The minimum limits of liability shall be: $500,000 per occurrence/$1,000,000 aggregate 36 of 36 w a jState of Florida Department of State from the records of this office that EVERGREEN , is a limited liability company organized under the laws of the State of Florida, filed on October 8,2004. The document number of this company is L04000073478. I further certify that said company has paid all fees due this office o December 31, 2013,that its most recent annual report was filed on January 2013, and its status is active. Given under my hand and the Great Seal of the Slate of Florida of Tallahassee,the Capital,this the FIfteenth day of hilt',2013 MIF Secretwy o State 1A ficsties M:CU6343162691 To authenticate this certl8eate,visit the following site,eater thk and then h1low the instructions displayed. bttps://efikjumbis.org/ctriautbvr.r.btml l m EVER04 OP ID:CS CERTIFICATE F LIABILITY INSURANCE nAT lam 013 THIS CERTIFICATE IS ISSUED AS A(NATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE KOLOM THIS CERTIFICATE DOES WYr AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVEWS AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INS ). AUtHORWED REPRESENTA71VE OR P#j0OUCVK AND THE CERTIFICATE HOLDER. IMPORTANT: It the cadiflawle holder Is an ADDITIONAL INSURED,the must be endorsed. It BUGROGATION IS WAIVED.s4it-jeatto the term and conditions of the policy.aarbin policies may require an endorsement, A stalamenk on this carMorts doss not aonfsr rights to the owilticate holder In lieu of such en me s. -- PRODUCER Ri Phone:13"84111 I roilRogeit e,Gunter,Yauohn Fax:85"05- 7 s 1117 Thorraievlda Rd. Talbhessse.FL 32303 .Iaenw D.Duncan.CPCU seta irra CovsRAoa cwC Q Ir ReRA:Zurich US 19308 arsussn Evergreen lutlone L enur ws:Ma land Casualtv Dr Undo to c,The Hartford fi2357 2878 RomIngton Breen Circle Tallahassee,FL urstcRsrr s women a.- Immump.. COVERAGES CERTIFICATE NUMBER: ION NUMBER: THIS tS 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 DOCUMEW WITH RESPECT TO WHICH tHIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCEAFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO , EXCLUSIONS ANDCONDITIONS. . OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE orelsu -EACH O urers. .. C'CU a 1,000,00 B X CMOW=AL G&AR&LIWLrry X PAS00 fia/41 13 0l117rA14 EXIOCCUR WiD EXP WV we 10, PER19gML A AOV INJURY S Ex*1 . d *IBaRlu Att+OFUMATE i 2,00 OWL AGGREGATE UAgrAPPUES PER: � � -COW)OP AGO t 2,000,00 POLcY LOC ,;, ILA_LJW 1.000,00 g PAN0255MO W1712013 08M712014 wDILy jURY(Pwwmr0 1 ALL 0 r,Y INJURY(ft 4 X AUTOS t X X UNNOU L" X EACHOCCURRENCE a Btoco0 LLO M1712013 OW1T=14 A* � 10,000 n ({ Ar000+ s MpRrFelt!C*ePalraA7�1I x 14 A AAw MP Env IA 002675201 1 12 1 3 EL.SAW AW . 11OF" 50t1,00 In 00 ES.DISEASE-EA EMPUDYW s U de M E.L.DISEIME- LM—T { 501l, C Errors A 0OP02SUM 011111712013 CAM7R014 Es Clakn 1.000,00 Ommi"lons Aggregate 1,000 onSCpwT=cpoPsnATKWILOCAnONSIVb=LS8 tier.Ar Emma opmetv CERTIFICATE HOLDER CANCELLATION MUNRKEY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCRUED BEFORE Monroe Coln THE TION DATE THE , NOTICE WILL BE D ED M Y ACCORDANCE WITM THE POLICY PROVISIONS. 1100 Simonton Street Key West.FL 3800 Amre 0 ISM2010 ACORD CORPORATION. All rights reserved. ACORD 25(201 ) The ACORD name and tog*are registered marks of ACORD