Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Item O12
0.12 Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS �� Mayor David Rice,District 4 The Florida Keys � Mayor Pro Tem Craig Cates,District I y Michelle Coldiron,District 2 James K.Scholl,District 3 Ij Holly Merrill Raschein,District 5 County Commission Meeting September 21, 2022 Agenda Item Number: 0.12 Agenda Item Summary #11029 BULK ITEM: Yes DEPARTMENT: County Administrator TIME APPROXIMATE: STAFF CONTACT: Lisa Tennyson (305)292-4444 n/a AGENDA ITEM WORDING: Approval of annual agreement with Capital City Consulting (Nick Iarossi/Andrew Ketchal) for continuing lobbying services on behalf of Monroe County, including 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, resiliency funding and other issues as called upon, effective September 1, 2022. ITEM BACKGROUND: Capital City Consulting has expertise with regard to securing Governor support for State funding for high priority environmental projects and focuses on helping the County achieve its legislative goal of securing recurring funding for the Stewardship Act by having it added to the State's Land Acquisition Trust Fund. The firm is also tasked with advocating the Executive Branch for resiliency funding. There is no change in contract or compensation terms. PREVIOUS RELEVANT BOCC ACTION: • September 15, 2021: BOCC approved new annual agreement with Capital City Consulting for one year from Sept 1, 2021 to August 30, 2022. • October 21, 2020: BOCC approved new annual agreement for Lobbying Services with Capital City Consulting for one year from September 1, 2020 to September 30, 2021. CONTRACT/AGREEMENT CHANGES: Extends existing agreement for one year. No other changes. STAFF RECOMMENDATION: Approval. DOCUMENTATION: 2022-2023 Capital City Consulting Lobbying Agreement Packet Pg. 3180 0.12 FINANCIAL IMPACT: Effective Date: September 1, 2022 Expiration Date: August 31, 2023 Total Dollar Value of Contract: $90,000.00 Total Cost to County: Current Year Portion: Budgeted: Yes Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Yes - attached Additional Details: REVIEWED BY: Bob Shillinger Completed 08/31/2022 5:23 PM Purchasing Completed 08/31/2022 5:25 PM Budget and Finance Completed 09/01/2022 8:29 AM Brian Bradley Completed 09/02/2022 2:36 PM Lindsey Ballard Completed 09/06/2022 10:11 AM Board of County Commissioners Pending 09/21/2022 9:00 AM Packet Pg. 3181 0.12.a AGREEMENT FOR LOBBYING SERVICES Between MONROE COUNTY BOARD OF COUNTY COMMISSIONERS And CAPITAL CITY CONSULTING This Agreement ("Agreement") made and entered into this 21" day of September, 2022, CN 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 U 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 U address is 124 W. Jefferson Street, Tallahassee, Florida, 32301, its successors and assigns, hereinafter referred to as "LOBBYIST", and a� 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 0 U 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: C U M 1. TERM OF AGREEMENT. This agreement shall be effective upon approval and the N c� agreement shall continue for a period of 1 year, beginning September 1, 2022. The County N shall have the option to renew the agreement after the original terms, subject to performance by the LOBBYIST and the availability of County funds. a� 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. 1 Page Packet Pg. 3182 0.12.a 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 U 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 and other needs and requests with Governor's office, Department of Environmental Protection, Fish and Wildlife Commission, and any other agencies as requested. E 3.3 Upon request, arrange meetings for County Commissioners, County officials, and staff 2 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. 0 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 U) hearings, during session and interim committee weeks, and report on assignment; and 0 participate in meetings,conference calls,and provide verbal or written reports to COUNTY at other times, as directed by the Director of Legislative Affairs. U 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 U Legislative Affairs. N 3.7 Prepare and submit written reports, as may be required by the Director of Legislative N Affairs,regarding the status of assignment,progress made to achieve such matters, an end- Q 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. c� 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; 2 Page Packet Pg. 3183 0.12.a 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. N 4.5: The LOBBYIST assumes full responsibility to the extent allowed by law with regards N to his performance and those directly under his employ. U 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 U 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 a COUNTY'S behalf with respect to the Project. The COUNTY or its representative shall is 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 U � 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 U Project or non-conformance with the Agreement Documents. Any information that may be N of assistance to the LOBBYIST to which the COUNTY has immediate access will be N 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 �E 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 3 Page Packet Pg. 3184 0.12.a Key West, Florida 33040 With a copy to: Bob Shillinger, County Attorney 1111 121h Street, Suite 408 Key West, FL 33040 6.2: Notice to the LOBBYIST shall be delivered to: N Nick Iarossi, Capital City Consulting N 124 W. Jefferson Street U Tallahassee, Florida, 32301 CL 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 a the COUNTY; serving as a consulting or testifying as an expert witness in litigation against U 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 U professional expertise or provides professional services in such a manner that a different 0. person or entity benefits at the expense of the COUNTY in a given transaction between U other person or entity in the county. c� 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 LOBBYISTY 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. 4 Page Packet Pg. 3185 0.12.a 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 parry; 2) disallow a waiver and require the LOBBYIST to choose between representing the County or the other parry, or to discontinue representing the other parry; 3) allow a limited waiver and require the LOBBYIST to continue to represent both the County and the other parry 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 N N action. N The Board of County Commissioners may take any action necessary, such as termination U 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 U reserved to the Board. a� 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. a U 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 U 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 U said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and N shall be in a form acceptable to the COUNTY. N N N 8.2: LOBBYIST shall obtain and maintain the following policies: N A. Workers' Compensation insurance as required by the State of Florida. B. Employers Liability Insurance with limits of One Hundred Thousand Dollars �E ($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. 5 Page Packet Pg. 3186 0.12.a 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 N provisions should include coverage for claims filed on or after the effective date of this N 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 b the County. ( ) g p y n'. � E. LOBBYIST shall require its SUB-LOBBYISTS to be adequately insured. COUNTY will not pay for increased limits of insurance for SUB-LOBBYISTS. U 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 0 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 5 attorney's fees) which arise out of, in connection with, or by reason of services provided a by LOBBYISTS or any of its Subcontractor(s) in any tier, occasioned by the negligence, is errors, or other wrongful act of omission of the LOBBYISTS or its Subcontractors in any tier, their employees, or agents. U In the event the completion of the project (to include the work of others) is delayed or U suspended as a result of the LOBBYISTS's failure to purchase or maintain the required N insurance, the LOBBYISTS shall indemnify the County from any and all increased N expenses resulting from such delay. N N The first ten dollars ($10.00) of remuneration paid to the LOBBYISTS is for the indemnification provided for above. �E c� 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. 61Pzige Packet Pg. 3187 0.12.a It. 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. c�a c� 13. NO THIRD PARTY BENEFICIARIES. Nothing contained herein shall create any U 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 U 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 C CATEGORY TWO for a period of 36 months from the date of being placed on the U convicted vendor list. U 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 U 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. N c� 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 �E been formally charged with committing an act defined as a"public entity crime"regardless U 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. 7 Page Packet Pg. 3188 0.12.a 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 parry to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other parry 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 N by the COUNTY. N U 17. GOVERNING LAW, VENUE, INTERPRETATION, MEDIATION, WAIVER OF0. CU JURY TRIAL. This Agreement shall be governed by and construed in accordance with U 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 0 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. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or C the application thereof to any circumstance or person) shall be declared invalid or is 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 U 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 U the remaining terms, covenants, conditions and provisions of this Agreement would N 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 N provision that comes as close as possible to the intent of the stricken provision. N E 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 parry relative to the enforcement or interpretation of this Agreement, the prevailing parry shall be entitled to reasonable attorney's fees, and court costs, as an award against the non- prevailing parry, 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. 8 Page Packet Pg. 3189 0.12.a 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 parry 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. c� 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 U proposals, and funding solicitations shall be approved by each parry prior to submission. a� 23. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. COUNTY and a� a� 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 parry 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 parry to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. U) C 24. COOPERATION. In the event any administrative or legal proceeding is instituted U against either parry relating to the formation, execution, performance, or breach of this Agreement, COUNTY and LOBBYIST agree to participate in all proceedings, hearings, U processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. U M N N 25. NONDISCRIMINATION. LOBBYIST and COUNTY agree that there will be no N discrimination against any person, and it is expressly understood that upon a determination N by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any parry, effective the E 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 9 Page Packet Pg. 3190 0.12.a 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 N II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, N ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any U other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. C. CU U 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,butnot 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 C respect to itself, it has neither employed nor retained any company or person, other than a is bona fide employee working solely for it,to solicit or secure this Agreement and that it has not aid or agreed to a an person, company, co oration individual or firm other than U p g pay yp � � � 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. U For the breach or violation of the provision,the LOBBYIST agrees that the COUNTY shall N have the right to terminate this Agreement without liability and, at its discretion, to offset N from monies owed, or otherwise recover, the full amount of such fee, commission, N percentage, gift, or consideration. cN E 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 10 Page Packet Pg. 3191 0.12.a 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. N The LOBBYIST is encouraged to consult with its advisors about Florida Public Records N 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 U 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 a required by the County to perform the service. If the LOBBYIST transfers all public is 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 U P P P P P � disclosure requirements. If the LOBBYIST keeps and maintains public records upon completion of the contract, the LOBBYIST shall meet all applicable requirements for U retaining public records. All records stored electronically must be provided to the County, N upon request from the County's custodian of records, in a format that is compatible with N the information technology systems of the County. N (5) A request to inspect or copy public records relating to a County contract must be N 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 �E provide the records to the County or allow the records to be inspected or copied within a CU 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 sectionl 19.10, Florida Statutes. 11 Page Packet Pg. 3192 0.12.a 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- N BRIAN(&,MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. CL U E 29. NON-WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, 2 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 0 by the COUNTY be required to contain any provision for waiver. U) 30. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, 0 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 U 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. N c� c� 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- 121Page^ Packet Pg. 3193 0.12.a parry 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 N Statement, and a Drug-Free Workplace Statement. U 34. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be 0. deemed to be a covenant or agreement of any member, officer, agent or employee of U 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 0 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, U servants, or agents to be employees of the Board of County Commissioners of Monroe County. U 37. TERMINATION c� N A. In the event that the LOBBYIST shall be found to be negligent in any aspect of service, N the COUNTY shall have the right to terminate this agreement after five days written notification to the LOBBYIST. u B. Either of the parties hereto may cancel this Agreement without cause by giving the other parry 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), 131Pe Packet Pg. 3194 0.12.a 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 shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. IN WITNESS WHEREOF, each parry has caused this Agreement to be executed by its duly authorized representative. Cq N (SEAL) BOARD OF COUNTY COMMISSIONERS OF Attest: KEVIN MADOK, Clerk MONROE COUNTY, FLORIDA U By: By: Deputy Clerk Mayor/Chairman U Date: as E as 2 Capital City Consulting BY: By: �— Authorized Signature Authorized Signat re Print Name: Print Name: Nick larossi Title: Title : Owner s U) Date: Date: 8/23/2022 r- END OF AGREEMENT CL CD 04 04 04 04 CD 04 qb E 141Page^ Packet Pg. 3195 0.12.a SWORN STATEMENT UNDER ORDINANCE NO. 010.1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE Capital City Consulting, LLC „ (Company) N `...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any N 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. 010-1990. For breach or `U 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 CL recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the U former County officer or employee." (Signature) Date: STATE OF: 0 COUNTY OF: 1 ( Subscribed and sworn to (or affirmed) before me, by means of physical presence or❑ online t0 notarization, on > <o' k D"A I (� U (date) by �^`��\ ()nnsy (name of affiant). He/She is CL U personally known to m r has produced (type of N N I identification) as identification. N N E c� 7k PUBI-t e BREANNAH L.GQODSON ry �� Er MY co�tMISSIDN#HMI°s55stMy Commission ExpiresEXPIRES:November 99,2424k Bonded Thru Notary Public Underwmers Packet Pg. 3196 0.12.a My Commission Expires: DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publish 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 N prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy U of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and M employee assistance programs, and the penalties that may be imposed upon employees tM for drug abuse violations. 3. Give 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), notify 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 contendere to, any violation of Chapter 893 (Florida Statutes) or of S 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. 0 5. Impose 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. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. U As the person authorized to sign the statement, I certify that this firm complies fully with the above U requirements. (Signature) N N Date: N N r STATE OF: COUNTY OF: Subscribed and sworn to (or affirm d) before me, y ands of physical presence or ❑ online m notarization,. on (date) by (name of affiant). He/She is personally known to me or has produced pe of identification) as identification. BREANNAH L,GOODSON * MY COMMISSiON#RH 065691 Nb ', EXPIRES:November 19,2024 `A;�f" eandad Thru Notary Au61ic llndaiwrttars Packet Pg. 3197 0.12.a NOTARY PUBLIC My Commission Expires: 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 N not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR N 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, for CATEGORY TWO for a period U ra of 36 months from the date of being placed on the convicted vendor list." CL CU I have read the above and state that neither��_ (`(� _ (Respondent's name) U nor any Affiliate has been placed on the convicted vendor list within the last 36 months. (Signature Date: STATE OF: 1 U COUNTY OF: L U Subscribed and sworn to (or affirmed) before me, by means of hysical presence or ❑ online CL notarization, on (date) by cn (name of affiant). He/She is ersonally known o `N CN or has produced (type of identification) as N identification. N E c� OTAR - U BREANNAH L,GODW5591 ,. MY COMMISSION#H E?(PIitS;NnvembeMy Commission Expires: Bonded Thru Notary Punic Packet Pg. 3198 DATE(P 0.12.a AC"R" CERTIFICATE OF LIABILITY INSURANCE 08/30/2022 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/CNi 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 c�3 c°J 124 W Jefferson St INSURER D: tY c°J 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 CL INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS M CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, U EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AUUL bUt3K POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS 0) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE FX OCCUR PREM SDAMAGES Ea oNcurrDence $ "000,000 MED EXP(Any one person) $ 10,000 09 A Y 21SBAVK4909 09/12/2021 09/12/2022 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 ° X POLICY El PRO- ❑ LOC PRODUCTS-COMP/OP AGG $ 4'000'000 PJECT OTHER: Employee Benefits $ 2,000,000 O AUTOMOBILE LIABILITY COMBINED INGLE LIMIT $ 2,000,000 Ea acc,dents09 ANYAUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED 21 SBAVK4909 09/12/2021 09/12/2022 BODILY INJURY(Per accident) $ 75 AUTOS ONLY AUTOS U) X HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY /� AUTOS ONLY Per accident O $ U UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION ER/� STATUTE ER rL AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 U B OFFICER/MEMBER EXCLUDED? N/A Z127447306 10/25/2021 10/25/2022 yw, (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000'000 N If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,0 00 N Occurrence $1,000,000 N Professional Liability CD CD C 652148721 09/12/2021 09/12/2023 Aggregate $2,000,000 N 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. T qm " 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 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 3199 0.12.a THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the following additional Conditions: e A. If this policy is cancelled by the Company, other certificate holder(s) with mailing addresses on file than for non-payment of premium, notice of such with the agent of record or the Company. cancellation will be provided at least thirty (30) days Any notification rights provided by this endorsement eL in advance of the cancellation effective date to the apply only to active certificate holder(s) who were issued US certificate holder(s) with mailing addresses on file a certificate of insurance applicable to this policy's term. with the agent of record or the Company. If notice is mailed, proof of mailing to the last known °b B. If this policy is cancelled by the company for non- mailing address of the certificate holder(s) on file with payment of premium, or by the insured, notice of the agent of record or the Company will be sufficient such cancellation will be provided within ten (10) proof of notice. days of the cancellation effective date to the a 0 U) r_ 0 CL CD CD (D E U Form SS 12 24 06 11 Page 1 of 1 © 2011, The Hartford Packet Pg. 3200 BUSINESS LIABILITY COVERAGE FORM Policy No 21SBAVK4909 0.12.a 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 CN provided below: Insured — Lessor of Leased Equipment, cN 1. Additional Insured - Designated Person Or but only with respect to liability for "bodily Organization injury", "property damage" or "personal U 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 tMa 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) t0 shown in the Declarations as an Additional a. WHO IS AN INSURED under Section C. is Insured —Owners Or Other Interests From U 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 CL Declarations as an Additional Insured - ownership, maintenance or use of that part m Designated Person Or Organization; but only of the land leased to you and shown in the m with respect to liability arising out of the Declarations. Q CN 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 CN Declarations. these additional insureds, the following 'CON additional exclusions apply: b. With respect to the insurance afforded to This insurance does not apply to: these additional insureds, the following 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 Packet Pg. 3201 BUSINESS LIABILITY COVERAGE 0.12.a 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 ( ) y ry2 "Bodily injury" or "prope damsge" (g) Products which, after distribution cl or sale by you, have been labeled included in the "product-completed or relabeled or used as a U operations" hazard. container, part or ingredient of any 76 7. Additional Insured—Vendors other thing or substance by or for a. WHO IS AN INSURED under Section C. is the vendor; or U 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 0 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 as the vendor has agreed to o b. The insurance afforded to the vendor is make or normally undertakes U 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 m reason of the assumption of insured person or organization from cN. liability in a contract or agreement. whom you have acquired such C4 This exclusion does not apply to products, or any ingredient, part or cN 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 Packet Pg. 3202 BUSINESS LIABILITY COVERAGE FORM 0.12.a 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 cn 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; U 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 insured(s); or (5) Newspaper; (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. 0 "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 t0 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 U 76 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 Thepreparing, approving, or failure to threat of exposure to the actual or alleged `I ( ) p g CN prepare or approve, maps, shop properties of asbestos and includes the mere drawings, opinions, reports, surveys, presence of asbestos in any form. cN.. 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 Packet Pg. 3203 BUSINESS LIABILITY COVERAGE 0.12.a (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 cN additional insured. Limits of Insurance shown in the Declarations of this Coverage Part. U However, the following provisions g apply to other insurance available to c. Method Of Sharing 0. any person or organization who is an If all the other insurance permits cm 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 00 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 Cj To Other Insurance When Others To Us _ Required By Contract a. Transfer Of Rights Of Recovery L) 76 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 c; permit that this insurance is Supplementary Payments, we have made m 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 Packet Pg. 3204