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03/22/2023 Agreement GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: April 18, 2023 TO: Rhonda Haag Chief Resilience Officer FROM: Liz Yongue, Deputy Clerk SUBJECT: March 22, 2023 BOCC Meeting The following item has been executed and added to the record: 08 Contract with Government Services Group, Inc., in the amount of$28,000.00, to provide professional services to assist the County in setting up the Special Assessments to fund operations and maintenance of the air curtains to be installed as part of the Tavernier and Rock Harbor Breakwater Repair Projects, specifically for Canal 105 in Tavernier and Canals 82, 83 and 84 in Rock Harbor, assessments to be collected beginning in November 2023; contract retroactive to January 1, 2023. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 Professional Services Agreement between Monroe County Board of County Commissioners and Government Services Group, Inc. This Professional Services Agreement (the "Agreement") is entered into this 22nd day of March, 2023, by and between Monroe County (the "County"), 1100 Simonton Street, Suite 205, Key West, Florida, 33040 and Government Services Group, Inc. ("GSG"), a Florida corporation, 1500 Mahan Drive, Suite 250, Tallahassee, Florida 32308. WITNESSETH WHEREAS, the County has received grants for breakwater repairs at Rock Harbor and Tavernier which include a weed gate, and is ready to construct the projects; and WHEREAS, the operations and maintenance of the weed gate shall be paid through an assessment (as used in this Agreement, the term "weed gate" includes air curtains); and WHEREAS, staff has met with the residents on the canals and received support for the assessment to fund the operations and maintenance; and WHEREAS, this will require the development of the methodology and pricing for the assessments as well as all other services described in the Scope of Services attached hereto as Appendix A; and WHEREAS, GSG is well qualified and experienced in assisting local government with the development and implementation of non-ad valorem assessments and GSG has provided assistance to Monroe County for previous canal and solid waste special assessment programs; and WHEREAS, GSG personnel have agreed to make themselves available to provide professional services to assist the County; and WHEREAS, the parties desire to enter into an agreement for the services necessary to set up the special assessment program. NOW, THEREFORE, the parties hereto agree as follows: 1 TERMS �. Recitals. The recitals and all statements contained herein are hereby incorporated into and made a part of this Agreement. 2. Services to be Performed by GSG. GSG shall, in conjunction with the general direction of the office of the County Administrator, County Attorney or their representative designees, provide the professional services described in the Scope of Services attached hereto as Appendix A in order to assist the County in the development of the potential assessment amounts for numerous canal restoration projects that require a weedgate and meeting with the residents to review the amounts. The services described in Appendix A will be performed in FY 22/23. 3. Term of the Agreement and Time Requirements. This Agreement is effective upon execution by both parties and shall be retroactive to January 1, 2023 ("Effective Date"). This Agreement shall remain in effect until terminated by the parties. Upon approval of this Agreement by both parties, GSG shall promptly begin and diligently provide the professional services contemplated herein generally in accordance with the Project Schedule attached hereto as Appendix A so that the County may achieve its objective. Accordingly, time is of the essence. In the event of termination prior to the completion of the Canal Assessment Project provided for by this Agreement, such termination shall in no way prejudice the payments due to GSG for services rendered, provided that the termination is not due to a default on the part of GSG. The County, at its sole option, may decide not to move forward at any time, with only the professional fees and expenses actually incurred through the date GSG is notified of termination then being due and payable. In the event the County terminates this Agreement for any reason other than default by GSG prior to completion of the FY 2023 assessment roll and the County continues to proceed with a canal special assessment, the County shall provide a written general release to GSG, which is unqualified and absolute, concerning all advice, work product, responsibility and liability arising under this Agreement relating to such assessment roll. 4. Schedule of Fees. The total amount of this Agreement shall not exceed Twenty Eight Thousand Dollars ($28,000.00). For services to be provided hereunder by GSG and its subcontractors for the services described in the Scope of Services in Appendix A, GSG shall work under not to exceed reimbursement professional fee arrangement described in the Scope of Services in Appendix A on the payment basis described in the Critical Events Schedule. The fees includes reimbursement for all actual costs incurred, including by way of example and not limitation, photocopies, long distance telephone charges, overnight delivery services, and travel expenses, producing, stuffing and mailing of any first class notices or information obtained from the Property Appraiser, or like public official. Such costs will be due and payable upon receipt of an invoice with supporting documentation. 2 In the event that additional services are required to complete formal Canal Assessments GSG will provide a proposal for the additional services at the standard hourly rates of GSG, provided in Appendix A. Hourly time for meetings will be billed using the standard hourly rates listed in Appendix A. Expenses related to additional meetings will be billed in conformance with section 112.061, Florida Statutes. 5. Cooperation of the County. It shall be the obligation of the County to timely provide GSG with all reasonably required information, data and records necessary to complete the Canal Assessment. The scope of services contemplated herein contemplates that the County will timely provide the necessary budget background, apportionment information, the Equivalent Dwelling Unit ("EDU") allocation, impervious area data and any other data required to develop the potential assessments for numerous canals; will timely provide staff to conduct any field research (e.g., activities necessary to supplement incomplete data on the ad valorem tax roll); and will provide swift policy direction regarding various components of the methodology. s. Documents. All documents, electronic media, and other data developed by GSG in connection with the Canal Assessment Project shall be reproduced and made available to the County by GSG at any time upon request of the County. When any work contemplated under this Agreement is completed or for any reason is terminated prior to completion, all of the above data shall be timely reproduced and delivered to the County upon written request. �. Termination. The County reserves the right to terminate this Agreement at any time, by written notice. In the event of such termination GSG shall be entitled to the professional fees on an hourly basis from the last percentage of the project completed and expenses for actual costs incurred for work performed hereunder through the date GSG is notified of termination. s. Default Provision. In the event that GSG shall fail to comply with each and every term and condition of this Agreement or fail to perform any of the terms and conditions contained herein, then the County, in addition to all other remedies available by law, at its sole option and upon written notice to GSG, may cancel and terminate this Agreement. 9. Conflict of Interest. GSG covenants that no person under their employ who presently exercises any functions or responsibilities in connection with this Agreement has any personal financial interest. direct or indirect, with the County. GSG covenant that, in the performance of this Agreement, no person having such conflicting interests shall be employed. Any such interests on the part of GSG or its employees, subcontractors or employees of its subcontractors must be disclosed in writing to the County. Also, GSG is aware of the conflict of interest laws of the State of Florida, and agrees that it shall fully comply in all respects with the terms of said laws. GSG further warrants that it has not employed, retainer or otherwise had act on its behalf, any current or former County officer or employee, in violation of Section 3 2 or 3 of Monroe County Ordinance No. 10-1990. 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 the full amount of any fee, commission, percentage, gift or consideration paid to the current or former County officer or employee. 10. Award of Agreement. GSG warrants that it has neither employed nor retained any company or person to solicit or secure this Agreement. that it has not paid or agreed to pay any company or person any fee, commission, percentage, brokerage fee, or gifts or any other consideration contingent upon or resulting from the award or making of this Agreement. GSG also warrants that to the best of its knowledge and belief no office holder or employee of the County is interested directly or indirectly in the profits or emoluments of this Agreement. 11. Entire Agreement. This Agreement represents the entire and integrated agreement between the County and GSG and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument executed by the County and GSG. The parties hereto agree that this Agreement shall be construed and enforced according to the laws, statutes and case law of the State of Florida. Addendum A is incorporated by reference. 12. Successors and Assigns. This Agreement shall be binding upon the parties hereto and their respective heirs, executors, legal representatives, successors and assigns. 13. Insurance. GSG shall maintain during the terms of this Agreement professional liability insurance in a minimum amount of $500,000; general liability insurance in a minimum amount of$300,000; and vehicle liability in a minimum amount of$100,000 covering all liability arising out of the terms of this Agreement. GSG shall provide original insurance certificates listing the Monroe County Board of County Commissioners as certificate holder and additional insured within ten (10) days following approval of this agreement by the Monroe County Board of County Commissioners. 14. Nondiscrimination In Employment. GSG shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, age, pregnancy status, disability, national origin, or marital status. GSG shall take affirmative action to ensure that applicants are employed, without regard to their race, color, religion, sex, sexual orientation, age, pregnancy status, disability, national origin, or marital status. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. GSG agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by its personnel officer setting forth the provisions of this equal opportunity clause. 15. Independent Contractor. GSG and its employees and agents and any sub- consultants and their employees and agents, shall be deemed to be independent contractors and not agents or employees of the County; and shall not attain any 4 rights or benefits generally afforded classified or unclassified employees; further they shall not be deemed to be entitled to Florida Workers' Compensation benefits as employees of the County. 16. Non-Delegablllty. It is understood and agreed that the obligations undertaken by GSG pursuant to this Agreement shall not be delegated or assigned to any other person or firm without the County's prior written consent, which may be withheld at County's sole discretion. 17. Best Efforts. GSG covenants and agrees to use its best efforts to assist in accomplishing the County's objectives. The use of special assessments is often politically contentious and can be subject to challenge. Because the state of the law is always subject to change, GSG cannot provide any indemnification or guarantee relative to any challenge to the validity of the Canal assessment. GSG's obligation is to share their experience and provide their best efforts providing a reasonable analysis and approach to the development of a non-ad valorem assessment program. Errors or omissions in the development of any assessment roll will be addressed, with the permission of the County, by developing remedies and procedures for the County within any implementation documents that are developed for or adopted by the County. Reassessment or the development and reassessment of any remedy or cure resulting from an administrative error or omission by GSG and its subcontractors and the direct costs related thereto shall be provided by GSG and its subcontractors at no additional charge to the County. 18. Notices. All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail addressed to the other party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served; or, if by mail, on the fifth day after being posted (return receipt requested) or the date of actual receipt, whichever is earlier. MONROE COUNTY: GOVERNMENT SERVICES GROUP, INC.: Roman Gastesi David Jahosky, County Administrator Government Services Group, Inc. Monroe County 1500 Mahan Drive, Suite 250 1100 Simonton St. Tallahassee, Florida 32308 Key West, FL 33040 (850) 681-3717 (305) 292-4441 (850) 224-7206/fax (305) 292-4544/fax 5 With copy to: Monroe County Attorney's Office 1111 12t" St., Suite 408 Key West, F L 33040 (305) 292-3470 (305) 292-3516/fax 19. Amendments. No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. 20. Miscellaneous Provisions. A. Title and paragraph headings are for convenient reference and are not a part of this Agreement. B. In the event of conflict between the terms of this Agreement and any terms or conditions contained in any other documents, the terms in this Agreement shall rule. C. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. D. Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or Monroe County, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. E. 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, proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply 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 consultant 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 of 36 months from the date of being placed on the convicted vendor list. F. Each of the signatories to this Agreement represents and warrants that he or she has the requisite corporate authority to execute this Agreement and bind his or her respective entity to the terms and conditions of the Agreement. 6 21. Public Records —Access and Audits. Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all public records laws of the State of Florida, including but not limited to: a. Keep and maintain public records required by Monroe County in order to perform the service. b. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d. Upon completion of the contract, transfer, at no cost, to Monroe County all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to Monroe County, upon request from the public agency's custodian of records, in a format that is compatible with the information technology systems of Monroe County. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-34701 it II �n _i nir unt III. , c% Monroe County Attorney's Office, 1111 12t" St., Suite 408, Key West FL 33040. IN WITNESS WHEREOF, the parties hereto have, through their proper and duly authorized officials, executed this Agreement, as of the day and year first above set forth. --� ; BOARD OF COUNTY COMMISSIONERS OF ;Al .w '3 MONROE COUNTY FLORIDA S. a if- olc ,�,.3,,,., IN AAADOK,CLERK \\,. , M tea,„ �.; Ma or Crag ates GOVERNMENT SERVICES GROUP, INC. By:C-- .-J-r-) P avid ahosky, Approved as to form and legal sufficiency: Monroe County Attorney's Office 3-4-2023 egia4 t• PI .C., w !-»- M. _,to 3 rn 8 Appendix A WORK PLAN TO DEVELOP ASSESSMENT PROGRAMS TO FUND MAINTENANCE OF THE ROCK HARBOR AND TAVERNIER CANAL RESTORATION PROJECTS AND COLLECTED ON THE NOVEMBER 2023 TAX BILL G S G GOVERNMENT SERVICES GRCUP,INC. January 17, 2023 Via Electronic Transmission Ms. Rhonda Haag Director of Sustainability and Projects Monroe County 102050 Overseas Highway, Ste. 246 Key Largo, FL 33037 Re: New Canal Restoration Assessment Program to Fund Maintenance Costs Rock Harbor and Tavernier Benefit Areas Dear Ms. Haag: This correspondence is written to present a proposal for Government Services Group, Inc. (GSG) to provide specialized assistance to Monroe County (County) and its staff in the development of assessment programs to fund maintenance of the Rock Harbor and Tavernier Canal Restoration projects and collected on the November 2023 tax bill. Enclosed as Appendix A is a proposed scope of services,fees, deliverables and payment schedule to assist the County in the development and implementation of assessment programs for maintenance of the Rock Harbor and Tavernier Canal Projects. The work effort for the project will be on a lump sum fee basis as outlined in Appendix A; a lump sum method of compensation eliminates any uncertainty in the total fee. We look forward to working with Monroe County on these very important projects. If you have any questions, please do not hesitate to contact me. Sincerely, �+M 4 F f d� Sandi Neubarth Assistant Director, Government Services Division Corporate 1..00 Mahan Drive,Suite 250 Longwood 280 Wekivaa S wrings Road (Headquarters Tali atI aesee,Florida 32308 Office Pr otegriity Plaza,Suite 2070 'T`850 681.-371.7 1 F 850 224-7206 Longwood,Florida 32779 Toil-Free 866..896..4747 1 40 629 6900 1 F 407-629 6963 Scope of Services Task 1: Evaluate Rock Harbor and Tavernier Canal Projects Determine and obtain the necessary data to develop the apportionment methodology; such data will include the GIS database and tax roll information. Locate the Canal Projects and determine the benefited properties. Task 2: Develop the Apportionment Methodology Using the current ad valorem tax roll, project cost data and defined project benefit areas, develop the method of apportionment, classification of properties and the use of the data on the assessment roll. Review the assessment methodology for legal sufficiency and compatibility with all methods of collection. Task 3: Determine Preliminary Revenue Requirements Advise the County in determining the total canal improvement revenue requirements to ensure the County recovers the costs of: (a) net revenue requirements, (b) implementing the program, and (c) collecting the assessments. Task 4: Develop Preliminary Assessment Roll Database Using the current ad valorem tax roll, create a preliminary assessment roll database.Test the sufficiency of the database by developing reports to access property information. Task 5: Apply Apportionment Methodology to Database Apply the apportionment methodology to the preliminary assessment roll database to test the data validity and legal sufficiency. Revise the apportionment methodology as necessary. Task 6: Calculate a Preliminary Proforma Schedule of Rates Using the developed assessment rolls, calculate a proforma schedule of rates based on the developed apportionment methodology and revenue requirements for the assessment programs. Task 7: Prepare and Present Assessment Memorandum Prepare and present an Assessment Memorandum, which documents proposed apportionment methodology and proforma assessment rates. Task 8: Advise and assist with drafting of assessment ordnance, if required. Provide advice, assistance and review of the assessment ordinance required to impose the assessment program. Task 9: Advise and assist with drafting of assessment resolutions. Provide advice, assistance and review of the initial and final assessment resolutions that conform to the assessment ordinance to impose assessments, describe the apportionment methodology and adopt final assessment rates. Task 10: Assist with Rate Adoption Process Advise and assist with fulfilling the legal requirements for the adoption of the final assessment rate resolutions including: (a)the development of the first class notice and its distribution, (b) publication of the public hearing, and (c) attendance via Zoom at the public hearing. Task It: Delivery of the Assessment Rolls to the Tax Collector Assist the County with the delivery of the assessment rolls to the Monroe County Tax Collector for collection using the Uniform Method. Government Services Group,Inc. I A-1 FEES AND COSTS For the professional services and specialized assistance described in the provided and proposed Scope of Services, GSG will work under a "lump sum"fee arrangement of$28,000. The lump sum fee for professional services does not include any on-site visits to the County by GSG staff.Any on-site meeting can be arranged at ourstandard hourly rates. Expenses related to any meetings will be billed in accordance with section 112.061, Florida Statutes. If necessary, in lieu of on-site visits, periodic telephone conference calls or Zoom meetings may be scheduled to discuss project status. The standard hourly rates for GSG are as follows: GOVERNMENT SERVICES GROUP, INC. SeniorAdvisor............................................................................................ $285 Vice President/Managing Director........................................................... $285 Assistant Director ..................................................................................... $235 Project Manager/Project Coordinator...................................................... $185 Database Analyst/Technical Services...................................................... $150 Lead Project Analyst.................................................................................. $100 ProjectAnalyst........................................................................................... $ 90 Administrative Support.............................................................................. $ 75 The lump sum fee does not include the costs of producing and mailing first class notices, if required. Mailing and production costs depend on the number of assessable parcels of property within the assessment program area, but average approximately $1.50 per parcel. Payment of mailing and production costs is due atthe time of adoption of the initial assessment resolution or like document. For non-domestic notices, mailing charges will include the actual amount of postage beyond the domestic rate. Should U.S. postage rates increase prior to mailing, the additional postage per notice will be charged. The County is responsible for any costs incurred to obtain information from the property appraiser or other public officials that is necessary for the assessment program. The County is responsible for working with the Property Appraiser to obtain the necessary information for properties with exempt"home addresses" pursuant to Section 119.071, Florida Statutes. The County is responsible for any and all newspaper publications, including, but not limited to, making arrangements for publications and any costs associated therewith. Please note that GSG works with the premise of developing and implementing assessment programs with an eye on potential legal challenges in an attempt to maximize both the efficiency and the effectiveness of any defense. Nonetheless, the fees outlined above for professional services do not include any provision for litigation defense. Accordingly, in the event there is a legal challenge, GSG would be available, on an hourly basis, to assist the County in its defense. Government Services Group,Inc. I A-2 DELIVERABLES SCHEDULE Deliverable Schedule Notice to Proceed By February 1, 2023 Develop Assessment Methodology March - April 2023 Proforma Assessment Rates April -- May 2023 Assessment Memorandum April - May 2023 Implementation April - September 2023 PAYMENT SCHEDULE The lump sum fee for professional services and specialized assistance will be due and payable on the following basis. Payment will be based on the following schedule, assuming that notice to proceed is received by February 1, 2023. If notice to proceed occurs after this date, payment will be adjusted on the basis of a condensing of the anticipated number of months remaining to complete the project. Schedule Payment Amount March 2023 25% of lump sum fee $7,000.00 May 2023 25% of lump sum fee $7,000.00 July 2023 25% of lump sum fee $7,000.00 September 2023 25% of lump sum fee $7,000.00 Total $28,000.00 ACCEPTED AND AGREED TO: By: Monroe County Date Government Services Group,Inc. I A-3 ADDENDUM A (State and Local Clauses Only) The following clauses are added into the attached Agreement as if fully set forth therein- 1. Florida Public Records law (F.S. 119.0701). RECORDS- ACCESS AND AUDITS: Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all public records laws of the State of Florida, including but not limited to: a. Keep and maintain public records required by Monroe County in order to perform the service. b. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d. Upon completion of the contract, transfer, at no cost, to Monroe County all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to Monroe County, upon request from the public agency's custodian of records, in a format that is compatible with the information technology systems of Monroe County. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470, brad ley-brian@rnont - , c/o Monroe County Attorney's Office, 1111 12' St., Suite 408, Key West FL 33040. 2. F.S. 287.0582, F.S. and Monroe County Purchasing Policy: Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the BOCC. 3. Insurance Requirements (Monroe County Risk Manual): The vendor is required to provide the following insurance coverage: Professional liability insurance in the minimum amount of$1,000,000 Prior to or at time of execution of the agreement, the vendor shall provide a certificate of insurance evidencing current coverage in this amount. Therefore, the vendor shall provide updated certificates whenever the coverage is renewed. 4. Public Entity Crime Statement (required by F.S. 287.133 and Monroe County Purchasing Policy): 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, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. As used herein, the term "convicted vendor list" means a list maintained by the Florida Department of Management Services, as defined in F.S. 287.133. By entering in this Agreement, the vendor acknowledges that it has read the above and states that neither the vendor nor any Affiliate has been placed on the convicted vendor list within the last 36 months. 5. Ethics Clause (required by Monroe County Ordinance No. 10-1990): By entering in this Agreement, the vendor 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. 010-1990. 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. 6. E-verify requirement (required by F.S. 448.095): Beginning January 1, 2021, every public employer, contractor, and subcontractor shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees. By entering into this Agreement, the vendor certifies that it registers with and uses the E-Verify system. If the contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The contractor shall maintain a copy of such affidavit for the duration of the contract. 7. Scrutinized companies (F.S. 287.135): a. (Applies to contracts > $1 million): This contract is terminable at the option of the awarding body if the vendor is found to have submitted a false certification as defined below, has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List as those terms are defined in F.S. 287.135, or been engaged in business operations in Cuba or Syria. i. False certification: At the time a company submits a bid or proposal for a contract or before the company enters into or renews a contract with an agency or local governmental entity for goods or services of $1 million or more, the company must certify that the company is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List and that it does not have business operations in Cuba or Syria. At the time a company submits a bid or proposal for a contract or before the company enters into or renews a contract with an agency or local governmental entity for goods or services of any amount, the company must certify that the company is not participating in a boycott of Israel. By entering into this agreement, the vendor certifies that the company complies with these requirements. b. (Applies to all contracts): This contract is terminable at the option of the awarding body if the company is found to have been placed on the Scrutinized Companies that Boycott Israel List as that term is defined in F.S. 287.135 or is engaged in a boycott of Israel. 8. Payment: Invoices will be paid in accordance with the Florida Local Government Prompt Payment Act, F.S. 218.70 et seq. Invoices must be submitted to the Clerk with supporting documentation acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. ___"14 ANSERAD-01 EMORRIS . 164 R ° CERTIFICATE OF LIABILITY INSURANCE 3/6/2023 DATE(MM/DDIYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Ames&Gough PHONE 8300 Greensboro Drive (A/C,No,Ext): (703)827-2277 FAX No):(703)827-2279 Suite 980 ADD"RIESS:admin@amesgough.com McLean,VA 22102 INSURER S AFFORDING COVERAGE NAIC# INSURER A:National Fire Insurance Company of Hartford A(XV) 20478 INSURED INSURER B:Continental Insurance Company A XV 35289 Government Services Group,Inc. INSURER C:American Casualty Co of Reading, PA A XV 20427 1600 Mahan Drive INSURER D:Evanston Insurance Company 35378 Tallahassee,FL 32308 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MMIDDIYYYY MMIDDIYYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE F_X] OCCUR 7011411366 1/17/2023 1/17/2024 DAMAGE TO RENTED 1,000,000 PREMISES Ea occurrence $ MED EXP(Any oneperson) $ 15,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY JECT FX LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ X ANY AUTO 7011411369 1/17/2023 1/17/2024 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident) ccident $ B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 EXCESS LIAB CLAIMS-MADE 7011662381 1/17/2023 1/17/2024 AGGREGATE $ 10,000,600 DED I X RETENTION$ 10,000 $ C WORKERS COMPENSATION X PER I OTH- AND EMPLOYERS'LIABILITY STATUTE ER YIN 7011411372 1/17/2023 1/17/2024 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE N NIA E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ D Professional Liab. MKLV7PL0005704 1/17/2023 1/17/2024 Per Claim/Aggregate 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Breakwater Air Curtains Monroe County Board of County Commissioners is listed as additional insured for general liability when required by written contract. APPROVED BY RISK MANAGEMENT DATE 3/7/2()23 CERTIFICATE HOLDER CANCELLATION WAIVER NIA YES SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe Count Board of Count Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y Y ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Avenue,Suite 242, Key West,FL 33040 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. 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