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Item C02
C2 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor Craig Cates,District 1 The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5 Michelle Lincoln,District 2 James K.Scholl,District 3 m' David Rice,District 4 Board of County Commissioners Meeting September 20, 2023 Agenda Item Number: C2 2023-1319 BULK ITEM: Yes DEPARTMENT: Parks and Beaches TIME APPROXIMATE: STAFF CONTACT: Tammy Acevedo 305-453-8776 N/A AGENDA ITEM WORDING: First Amendment to the contract with Brightview Landscape Services, Inc. for Ballfield Maintenance, to extend the agreement for the first of four additional one-year periods; to include a CPI-U increase of 3%; inclusion of amounts for overseeing; and amending the purchasing power of the County Administrator in the event of an emergency to match Monroe County's purchasing policy. ITEM BACKGROUND: Monroe County entered into an RFP Bid Award Agreement Brightview Landscape Services, Inc. on September 21, 2022, for Ballfield Maintenance at Multiple Locations, for the Parks and Beaches Department. The Original Agreement term is for one (1)year and currently terminates on September 20, 2023. The Original Agreement provides for up to four (4) additional one-year renewals. The County wishes to exercise its option to renew the agreement for the first of four (4) optional one-year periods. This renewal shall commence on September 20, 2023, and end September 20, 2024. The Original Agreement provides that the contract amount may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index for all Urban Consumers (CPI-U) or 3%, whichever is less, as reported by the U.S. Bureau of Labor Statistics on December 31 of the previous year using the most recently published indicator. The CPI-U was six and one half(6.5%) on December 31, 2022, therefore, the contract amount and the amounts for overseeding shall be increased by 3%. The Total Annual Compensation to the Contractor under this Agreement shall not exceed One Hundred Fifty-Nine Thousand Seven Hundred Eighty-Five and 69/100 dollars ($159,785.69) annually which includes the original contract amount with the CPI-U increase ($152,815.38) and the overseeding cost with the CPI-U increase ($6,970.31).Additionally, the Contract increases the County Administrator's purchasing power in the event of an emergency to match the recent County purchasing policy change increasing his authority. PREVIOUS RELEVANT BOCC ACTION: At the September 21, 2022, BOCC awarded Brightview Landscape Services, Inc., the bid and Contract 30 for Ballfield Maintenance. CONTRACT/AGREEMENT CHANGES: First Amendment to the agreement for the first of four(4) optional one-year periods and include the annual allowed CPI-U increase of 3%; the amounts for overseeding and an amendment to the purchasing power of the County Administrator. This renewal shall commence on September 20, 2023, and end September 20, 2024. STAFF RECOMMENDATION: Approval DOCUMENTATION: First Amendment to Original Agreement for Ballfield Maintenance-Multiple Locations Original Agreement—09-21-2022.pdf COI Exp 10-01-23.pdf FINANCIAL IMPACT: Effective Date: 9/20/2023 Expiration Date: 9/20/2024 Total Dollar Value of Contract: Not to Exceed $159,785.69 Total Cost to County: Not to Exceed $159,785.69 Current Year Portion: Budgeted: $159,785.69 Source of Funds: 20503SC00036 CPI: 3% Indirect Costs: Additional overseeding per application as shown below must be pre-approved. Total $6,970.31 Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: County Match: 31 Insurance Required: Yes 32 FIRST AMENDMENT TO AGREEMENT FOR BALLFIELD MAINTENANCE - MULTIPLE LOCATIONS MONROE COUNTY FLORIDA THIS FIRST AMENDMENT TO AGREEMENT is made and entered into this 20th day of September 2023, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and BRIGHTVIEW LANDSCAPE SERVICES,INC.,a Florida For Profit Corporation, authorized to do business in the State of Florida, ("CONTRACTOR"), whose principal address is 980 Jolly Road, Suite 300, Blue Bell, PA 19422, but whose mailing address for purposes of this Agreement is 4155 East Mowry Dr., Homestead, FL 33033. WHEREAS, the parties hereto did on September 21, 2022, entered into an Agreement to provide BALLFIELD MAINTENANCE - MULTIPLE LOCATIONS; and WHEREAS, the Original Agreement term was for one (1) year and currently terminates September 20,2023. Paragraph 6 of the Original Agreement provides for up to four(4)additional one-year options for renewal; and WHEREAS,the Parties desire to extend the term of this agreement for the first of four(4) additional one-year periods with this term to commence on September 20,2023, and terminate on September 20, 2024; and WHEREAS, additional pricing for overseeding was provided as an additional cost in the Response to the Request for Proposals; and WHEREAS,the Parties desire to list the quoted amounts for overseeding on the contract; and WHEREAS, Paragraph 6 of the Original Agreement provides that the contract amount may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index for all Urban Consumers (CPI-U) or 3%, whichever is less as of December 31 st of the previous year; and NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. In accordance with Paragraph 6 of the Original Agreement,the County exercises its option to renew the agreement for the first of four (4) optional one-year periods. This renewal shall commence on September 20, 2023, and end September 20, 2024, unless terminated earlier under Paragraph 21 of the Original Agreement. 2. In accordance with Paragraph 6 of the Original Agreement, the contract amount may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index for all Urban Consumers (CPI-U) or 3%, whichever is less, as reported by the U.S. Bureau of Labor Statistics at December 31 of the previous year using the most recently published indicator. The CPI-U was six and one half(6.5%) on December 31, 2022, therefore,the contract amount shall be increased by 3% along with the amounts for overseeding. 33 3. Paragraph 5(C)of the Original Agreement,based on the three percent(3%)CPI-U increase as of December 31, 2022, is hereby amended as follows: C. Total Compensation to CONTRACTOR under this agreement shall not exceed One Hundred Fifty-Two Thousand Eight Hundred Fifteen and 38/100 dollars $152 815.38 annually unless pre-approved additional and/ or emergency work requiring additional funds is implemented. Additional funding for overseeding is allowed and shall not exceed Six Thousand Nine Hundred Seventy and 31/100 dollars ($6,970.31). Payment for overseeding is contingent on written pre-approval by the Department Director prior to work being commenced. $1,958.44 per application at Bernstein Park, Stock Island $337.20 per application at Watson Field, Big Pine Key $1468.83 per application at Big Pine Community Park, Big Pine Key $1,689.76 per application at Harry Harris Park,Tavernier $188.42 per application at Friendship Park, Key Largo $1327.66 per application at Key Largo Community Park, Key Largo 4. The Contract payment amount adiustments set forth above shall be effective September 20 2023. 5. Paragraph 5 D of the Original Agreement is hereby amended as follows: D. In the event of a major emergency maintenance service or other ballfield repairs, not contemplated herein as set forth on Exhibit " A", the County shall have the option to request from the Contractor only, a proposal/ quote for the additional emergency work. Approval of proposals shall follow the current Monroe County BOCC Purchasing Policy. 6. Except as set forth in Paragraphs 1 through 4 of this First Amendment to Agreement, in all other respects, the terms and conditions set forth in the Original Agreement, as amended, remain in full force and effect. 34 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. (SI-`AL) BOARD OF' COUNTY COMMISSIONI'RS COUNTY, FLORIDA Attest: KLVIN MADOK, CLERK 01" MONROE By: By: —— As Deputy Clerk Mayor APPROVED AS TO FORM&LEGAL SUFFICIENCY Date: monrfe'Founty Attorney's Office -�ZA 0 k1,0) 08/23/2023 -Ahalfix Monies Archer .Ittant County Attorney Witnesses I'm CONTRA('TOR: CON'FRACTOR: Brighiview Landscape Inc. A gnatu C Signature ofperson authorized to ±r legally, bind the Corporation Date: Date:8-21-23 Charles Gonzalez, VPGM Print Narne Aldress:4155 East Mowry Drive gnature Homestead, FL 33033 ............ Date Telephone Number 35 .......................................................................... —------ o UJq ou Kevin Madok, cpA Clerk of the Circuit Court& Comptroller—Monroe County, Florida DATE: ()ctober 6, 2022 TO: Kmn G. \N'llsoii, PE Assistwit Counly A(lininistrator ATIN: Stizmiiie Rubio Executive Administrator FROM: Painela G. I Imico(I SUBJECT: September 21" 13OCC Meeting Attaclicel is wi electronic copy the 1`011ming item for your handling: C27 Contract %%Itli BilgliMew Landscape Services, Inc., for ballfiel(l maintenance, iiiiihiple locations For a one-year term, mili option to renew for additional years, in the wuount of' $119,364.45. Should you have any questions please feel lice to contact me at (305) 292-3550. CC: Comity Attorney Filialice 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 36 AGREEMENT FOR BALLFIELD MAINTENANCE - MULTIPLE LOCATIONS MONROE COUNTY, FLORIDA This Agreement is made and entered into this 21 st day of September, 2022, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040, and BRIGHTVIEW LANDSCAPE SERVICES, INC., a Florida For Profit Corporation, authorized to do business in the State of Florida, ("CONTRACTOR"), whose principal address is 980 Jolly Road, Suite 300, Blue Bell, PA 19422, but whose mailing address for purposes of this Agreement is 4155 East Mowry Dr., Homestead, FL 33033. WHEREAS, COUNTY desires to contract for the performance of the work or services described in Exhibit "A"; and WHEREAS, CONTRACTOR desires to and is able to perform the work or services described in attached Exhibit "A"; and WHEREAS, it serves a legitimate public purpose for CONTRACTOR to perform the work or services described in attached Exhibit "A" for Monroe County; NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. THE AGREEMENT The Agreement consists of this document, the Request for Proposals ("RFP") documents, exhibits, and any addenda only. 2. SCOPE OF WORK The Scope of Work shall include, but not be limited to, all work and / or services shown and listed in Exhibit "A", which is attached hereto and made a part hereof. The Contractor is required to provide a complete job as contemplated by this Scope of Work. The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies, permits, if any are necessary, and any other means of construction or work necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated, or as amended throughout the term of this Agreement. 3. PERSONNEL Communication between the County Representative and the Contractor's personnel is very important. Therefore, the Contractor must assure that at least one (1) of its personnel 1 37 per recreation site and/or building can communicate well in the English language with the County Representative. Any employee hired by the Contractor will be the Contractor's employee and in no way has any association with the County. The Contractor shall insure that its employees are trained in all appropriate safety regulations, including but not limited to, OSHA regulations, and all other applicable local, State, and Federal regulations. Uniforms are preferred for Contractor's personnel however, photo identification cards are required, which shall clearly identify personnel as employees of the Contractor. This requirement shall apply upon entering County property and at all times while on duty. 4. BACKGROUND CHECKS/ FINGERPRINTING Contractor employees must consent to Level One background checks and the results are to be provided to the County within thirty (30) days of award of the contract. The County reserves the right to refuse personnel based on results of the background check. The County reserves the right to demand of the Contractor replacement of an employee for the Contractor if a conflict or problem with that employee should arise. The County's Parks & Beaches Director or his designee shall have the right to require any employee(s) of the Contractor to be permanently removed from any County facility serviced by the Contractor whenever it appears to be in the best interest of the County. It is the responsibility of the Contractor to inform the Parks & Beaches Director or his designee of all new hires and the results of the background check. The Contractor will be responsible for the supervision, hiring and firing of their own employees, and shall be solely responsible for the pay, worker's compensation insurance, and benefits. Some work will be conducted at secure facilities, including, but not limited to law enforcement and fire rescue. Background checks, including at a minimum: A. Warrants check; B. Fingerprints; C. Local Records check; D. Prior employment check; and E. Criminal History check are required of Contractor's personnel that will enter Monroe County Sheriff's Office ("MCSO") facilities. Background checks on such personnel will be conducted by the MCSO. MCSO may prohibit entry to, or remove from, any secure facility any Contractor employee who, in the judgment of MCSO, poses a risk to the security or good order of the facility. Thereafter, MCSO and the Contractor will immediately discuss resolution of the problem. If the problem is not resolved to the satisfaction of the MCSO, the employee shall not be permitted to return to any facility operated by the MCSO. Contractor will promptly replace the employee at no additional cost to County. Contractor further agrees to notify County immediately upon becoming aware that one of its employees or subcontractor's employees, who previously completed the background 2 38 check is subsequently arrested or convicted of any crime. Failure by Contractor to notify County of such arrest or conviction within forty-eight (48) hours of being put on notice by the employee/subcontractor and/or within five (5) days of its occurrence shall constitute grounds for immediate termination of this contract by County. The parties further agree that failure by Contractor to perform any of the duties described in this paragraph shall constitute a material breach of the contract entitling County to terminate this contract immediately with no further responsibility to make payment or perform any other duties described herein. 5. CONTRACT SUM AND PAYMENTS TO CONTRACTOR A. Monroe County's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners ("BOCC"). County shall pay in accordance with the Florida Local Government Prompt Payment Act and Monroe County Code; payment will be made after delivery and inspection by County and upon submission of a proper invoice by Contractor. B. Contractor shall submit to County invoices for its monthly services with supporting documentation acceptable to the Clerk. Such invoices shall be submitted monthly in arrears, with such services to be paid annually in twelve (12) equal monthly installments. 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. Payment may be withheld for failure of Contractor to comply with a term, condition, or requirement of this Agreement. Monroe County's Fiscal Year is October 1st through September 301h. All outstanding invoices must be submitted for payment within ten (10) days of the end of the Fiscal Year to avoid non-payment for those services. C. Total Compensation to Contractor under this Agreement shall not exceed One Hundred Forty-eight Thousand Three Hundred Sixty-four and 45/100 dollars ($148,364.45) Dollars annually, unless pre-approved additional and/or emergency work requiring additional funds is implemented. D. In the event of a major emergency maintenance service or other ballfield repairs, not contemplated herein as set forth on Exhibit "A", the County shall have the option to request from the Contractor only, a proposal/quote for the additional emergency work in an amount that could exceed Five Thousand and 00/100 ($5,000.00) Dollars. Any proposal over Five Thousand and 00/100 ($5,000) Dollars, up to and including Ten Thousand and 00/100 ($10,000.00) Dollars, must be approved and signed by the Department Director and/or the County Administrator or designee. Any proposal over Ten Thousand and 00/100($10,000.00) Dollars, up to and including Forty-nine Thousand Nine Hundred Ninety-nine and 99/100 ($49,999.99) Dollars, must be approved and signed by the Department Director and the County Administrator. There shall be no additional charges to the Owner for travel, mileage, meals, or lodging. Contractor shall submit itemized invoices in writing. 6. TERM OF AGREEMENT 3 39 This one (1) year Agreement shall commence on September 21, 2022, and ends upon September 20, 2023, unless terminated earlier under paragraph 21 of this Agreement. The County shall have the option to renew this Agreement for up to an additional four (4) one- year periods, exercisable upon written notice given at least thirty (30) days prior to the end of the initial term. Unless the context clearly indicates otherwise, references to the "term" of this Agreement shall mean the initial term of one (1) year. The County is not required to state a reason if it elects not to renew. The Contract amount may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) or 3%, whichever is less, for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI-U computation or 3%, whichever is less, at December 31 of the previous year. 7. LICENSES Contractor has, and shall maintain throughout the term of this Agreement, appropriate licenses. Proof of such licenses shall be submitted to the County upon execution of this Agreement and annually thereafter or upon any renewal. 8. MAINTENANCE OF RECORDS Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven (7) years from the termination of this Agreement or five (5) years from the submission of the final expenditure report as per 2 CFR§200.33, if applicable,whichever is greater. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven (7) years following the termination of this Agreement 9. RIGHT TO AUDIT Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by County or the Monroe County Office of the Clerk of Court and Comptroller(hereinafter referred to as"County Clerk") to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in County's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by County's representative and/or agents or the County Clerk. County or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying 4 40 payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors representatives. All records shall be kept for ten (10) years after Final Completion of the Project. The County Clerk possesses the independent authority to conduct an audit of Records, assets, and activities relating to this Project. If any auditor employed by Monroe County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Section 55.03, Fla. Stat., running from the date the monies were paid to Contractor. The right to audit provisions survive the termination of expiration of this Agreement. 10. PUBLIC RECORDS COMPLIANCE Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of Article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other"public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Fla. Stat., Sec. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a 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 contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that 5 41 are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. 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 PHONE NO. 305-292-3470, BRADLEY-BRIAN(a,MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH STREET, SUITE 408, KEY WEST, FL 33040. 11. HOLD HARMLESS, INDEMNIFICATION, DEFENSE, AND INSURANCE Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify, and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors, or other invitees during the term of this Agreement, (B) the negligence, recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors, or other invitees, 6 42 or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors, or invitees (other than Contractor). The monetary limitation of liability under this Agreement shall be equal to the dollar value of the contract and not less than $1 million per occurrence pursuant to Section 725.06, Florida Statutes. The limits of liability shall be as set forth in the insurance requirements included in this paragraph. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor s failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Failure of Contractor to comply with the requirements of this section shall be cause for immediate termination of this Agreement. Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY Certificates of Insurance indicating the minimum coverage limitations in the following amounts: WORKERS COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE. Where applicable, coverage to apply for all employees at a minimum statutory limits as required by Florida Law, and Employee's Liability coverage in the amount of $100,000.00 bodily injury by accident, $500,000.00 bodily injury by disease, policy limits, and $100,000.00 bodily injury by disease, each employee. COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less than $300,000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. If single limits are provided,the minimum acceptable limits are $200,000.00 per person, $300,000.00 per occurrence, and $200,000.00 property damage. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with limits of liability of not less than $500,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the County at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than 7 43 thirty (30) calendar days' written notice shall be provided to the County before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the County, its officials, employees, agents, and volunteers. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS CERTIFICATE HOLDER AND ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKER'S COMPENSATION. 12. NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the County be required to contain any provision for waiver. 13. INDEPENDENT CONTRACTOR At all times and for all purposes under this Agreement, Contractor is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this Agreement shall be construed so as to find Contractor or any of its employees, subcontractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. 14. NONDISCRIMINATION/ EQUAL EMPLOYMENT OPPORTUNITY CONTRACTOR and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONTRACTOR and COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI I 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 Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VI II of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in 8 44 the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the CONTRACTOR, in accordance with Equal Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶C, agrees as follows: 1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. 4) The Contractor will send to each labor union or representative of workers with 9 45 which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non- compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. 15. ASSIGNMENT/SUBCONTRACT Contractor shall not assign or subcontract its obligations under this Agreement to others, 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. This paragraph shall be incorporated by reference into 10 46 any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the Board. 16. COMPLIANCE WITH LAW AND LICENSE REQUIREMENTS In providing all services/goods pursuant to this Agreement, Contractor shall abide by all laws of the Federal and State government, ordinances, rules, and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Compliance with all laws includes, but is not limited to, the immigration laws of the Federal and State government. Any violation of said statutes, ordinances, rules, and regulations shall constitute a material breach of this Agreement and shall entitle the Board to terminate this Agreement. Contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this Agreement. 17. DISCLOSURE AND CONFLICT OF INTEREST Contractor represents that it, its directors, principals and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sec. 112.311, et. seq., Florida Statutes. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position; conflicting employment or contractual relationship; and disclosure or use of certain information. No Solicitation/Payment. County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 18. NO PLEDGE OF CREDIT Contractor shall not pledge the County's credit or make it a guarantor of payment or surety for any contract, debt, obligation,judgment, lien, or any form of indebtedness. Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 19. NOTICE REQUIREMENT 11 47 All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the COTRACTOR. Any written notices or correspondence required or permitted under this Agreement shall be sent by United States Mail, certified, return receipt requested, postage pre-paid, or by courier with proof of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice is deemed received by CONTRACTOR when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. Notice shall be sent to the following persons: FOR COUNTY: FOR CONTRACTOR: Monroe County Brightview Landscape Parks & Beaches Department Services, Inc. 102050 Overseas Hwy. Attn.: Business Developer Key Largo, FL 33037 4155 East Mowry Drive Homestead, FL 33033 and County Attorney 1111 121h Street, Suite 408 Key West, FL 33040 20. TAXES County is exempt from payment of Florida State Sales and Use taxes. Contractor shall not be exempted by virtue of the County's exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is Contractor authorized to use the County's Tax Exemption Number in securing such materials. Contractor shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this Agreement. 21. TERMINATION A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this Agreement after five (5) days' written notification to the CONTRACTOR. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days' written notice of its intention to do so. C. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this Agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with five (5) calendar days' written notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates 12 48 this Agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this Agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon sixty (60) days' written notice to CONTRACTOR. If the COUNTY terminates this Agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this Agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONTRACTOR shall not exceed the spending cap in this Agreement. E. For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes, or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. F. For Contracts of $1,000,000 or more, if the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 22. GOVERNING LAW, VENUE, AND INTERPRETATION This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Parties waive their rights to trial by jury. The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of 13 49 this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 23. MEDIATION The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 24. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 25. ATTORNEYS FEES AND COSTS County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, at all levels of the court system, including in appellate proceedings. 26. ADJUDICATION OF DISPUTES OR DISAGREEMENTS County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. The Contractor and County Representative shall try to resolve the claim or dispute with meet and confer sessions. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of Paragraph 14 or Paragraph 21 concerning termination or cancellation. 27. COOPERATION 14 50 In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate,to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 28. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. 29. AUTHORITY Each party represents and warrants to the other that the execution, delivery, and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily, and with advice of counsel. 30. CLAIMS FOR FEDERAL OR STATE AID Contractor 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.Any conditions imposed as a result of funding that affect the Project will be provided to each party. 31. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 32. 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. 15 51 33. NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 34. ATTESTATIONS Contractor agrees to execute such documents as the County may reasonably require to include, but not limited to, a Public Entity Crime Statement, an Ethics Statement, Non- Collusion Statement, and a Drug-Free Workplace Statement, as set forth within this RFP. 35. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent, or employee of Monroe County in his or her individual capacity, and no member, officer, agent, or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 36. 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. 37. 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. 38. PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for a 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 a 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, Florida Statutes, for CATEGORY TWO 16 52 for a period of thirty-six (36) months from the date of being placed on the convicted vendor list." 39. MUTUAL REVIEW This Agreement has been carefully reviewed by Contractor and the County. Therefore, this Agreement is not to be construed against either party on the basis of authorship. 40. INCORPORATION OF RFP DOCUMENTS The terms and conditions of the RFP documents are incorporated by reference in this contract agreement. 41. ANNUAL APPROPRIATION The County's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners. In the event that the County funds on which this Agreement is dependent are withdrawn, this Agreement is terminated, and the County has no further obligation under the terms of this Agreement to the Contractor beyond that already incurred by the termination date. 42. COVENANT OF NO INTEREST County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 43. AGREEMENTS WITH SUBCONTRACTORS In the event that the Contractor subcontracts any or all of the work in this project to any third party, the Contractor specifically agrees to identify the County as an additional insured on all insurance policies required by the County. In addition, the Contractor specifically agrees that all agreements or contracts of any nature with his/her subcontractors shall include the County as an additional insured. 44. FEDERAL CONTRACT REQUIREMENTS The CONTRACTOR and its subcontractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to 2 C.F.R. Part 200, as amended, including but not limited to: 44.1 Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal program legislation, which includes Emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of $2,000 awarded by non- Federal entities must comply with the Davis-Bacon Act (40 U.S.C. §§3141-3144, and §§3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to 17 53 pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. If applicable, the COUNTY must place a current prevailing wage determination issued by the Department of Labor in each solicitation, a copy of which is attached hereto as Exhibit "B" and made a part hereof. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes Emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the contractors, in contracts for construction or repair work above $2,000 in situations where the Davis-Bacon also applies, must also comply with the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. (1) Contractor. The contractor shall comply with U.S.C. § 3145, and the requirements of 29 C.F.R. Part 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. Additionally, in accordance with the regulation, each contractor and subcontractor must furnish each week a statement with respect to the wages paid each of its employees engaged in work covered by the Copeland Anti-Kickback Act and the Davis-Bacon Act during the preceding weekly payroll period. The report shall be delivered by the contractor or subcontractor, within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work. 44.2 Contract Work Hours and Safety Standards Act (40 U.S.C. §§3701-3708). Where 18 54 applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of$100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation;liability for unpaid wages;liquidated damages. I n the event of any violation of the clause set forth in paragraph (b)(1) of 29 C.F.R. §5.5, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated Damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1)of 29 C.F.R. §5.5, in the sum of$27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of 29 C.F.R. §5.5. (3) Withholding for unpaid wages and liquidated damages. The Federal agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of 29 C.F.R. §5.5. (4) Subcontracts. The contractor or subcontractor shall insert in any 19 55 subcontracts the clauses set forth in 29 C.F.R. §5.5, paragraphs (b)(1) through (4 and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in 29 C.F.R. §5.5, paragraphs (1) through (4). 44.3 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 C.F.R. Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 44.4 Clean Air Act (42 U.S.C. 447401-7671g.) and the Federal Water Pollution Control Act (33 U.S.C. 441251-1387). Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended (42 U.S.C. §§7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. §§1251-1387) and will report violations to FEMA/Federal Agency and the appropriate Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. §§7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. §§1251-1387), as amended, applies to Contracts and subgrants of amounts in excess of$150,000. The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA/Federal agency. The Contractor agrees to report each violation to the COUNTY and understands and agrees that the COUNTY will, in turn, report each violation as required to assure notification to FEMA/Federal Agency and the appropriate EPA Regional Office. 44.5 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award under a "covered transaction" (see 2 C.F.R. §180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. Part 180 that implement Executive Orders 12549 (3 C.F.R. part 1986 Comp., p. 189) and 12689 (3 C.F.R. part 1989 Comp., p. 235), "Debarment and Suspension" and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Nonprocurement Debarment and suspension). SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at w w a s a irm„ gy. Contractor is required to verify that none of the contractor's principals (defined at 2 C.F.R. §180.935) or its affiliates (defined at 2 C.F.R. §180.905) are excluded (defined at 2 C.F.R. §180.940) or disqualified (defined at 2 C.F.R. §180.935). The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by the COUNTY. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, 20 56 subpart C, in addition to remedies available to the COUNTY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Bidders or Proposers agree to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Bidder or Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 44.6 Byrd Anti-Lobbying Amendment (31 U.S.C. & 1352). Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. If award exceeds $100,000, the certification, attached hereto as Exhibit "C" and made a part hereof, must be signed and submitted by the CONTRACTOR to the COUNTY. 44.7 Compliance with Procurement of Recovered Materials as set forth in 2 C.F.R. 200.322. CONTRACTOR must comply with Section 6002 of the Solid Waste Disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired- 1. Competitively within a timeframe providing for compliance with the contract performance schedule; 2. Meeting contract performance requirements; or 3. At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines website, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. 44.8 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment as set forth in 2 C.F.R. & 200.216. Recipients and subrecipients and their contractors and 21 57 subcontractors may not obligate or expend any federal funds to (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 44.9 Domestic Preference for Procurements as set forth in 2 C.F.R. 4200.322. The COUNTY and CONTRACTOR should, to the great extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 44.10 Americans with Disabilities Act of 1990, as amended (ADA). The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 44.11 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients 22 58 and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. § 200.321(as set forth in detail below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of contracts, entered pursuant to this Agreement. 2 C.F.R. � 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS A. If the CONTRACTOR,with the funds authorized by this Agreement, seeks to subcontract goods or services,then, in accordance with 2 C.F.R. §200.321,the CONTRACTOR shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. B. Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; (6) Requiring the Prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraph (1) through (5) of this section. OTHER FEDERAL AND/OR FEMA REQUIREMENTS (as applicable) 44.12 Access to Records. Contractor/Consultant and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing the Department of Homeland Security (DHS) and the Federal Emergency Management Agency's (FEMA) access to records, accounts, documents, information, facilities, and staff. Contractors/Consultants must: (1) Cooperate with any compliance review or complaint investigation conducted by DHS; (2) Give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance; (3)Submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 44.13 DHS Seal, Logo, and Flags. Contractor shall not use the Department of Homeland Security seal(s), logos, crests, or reproduction of flags or likenesses of DHS agency officials without specific FEMA pre-approval. The Contractor shall include this provision 23 59 in any subcontracts. 44.14 Changes to Contract. The Contractor understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract change or modification, change order or constructive change must be approved in writing by both the County and Contractor. 44.15 Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement that FEMA financial assistance may be used to fund all or a portion of the contract. The Contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. 44.16 No Obligation by Federal Government. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the COUNTY/non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. 44.17 Program Fraud and False or Fraudulent Statements or Related Acts. If applicable, the Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. 44.18 The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 44.19 The Contractor is be bound by any terms and conditions of the Federally-Funded Sub- Award and Grant Agreement between the County and the Florida Division of Emergency Management (Division). 44.20 If applicable, the Contractor shall hold the Division and County harmless against all claims of whatever nature arising out of the Contractor's performance of work under this Agreement, to the extent allowed and required by law. 44.21 Energy Efficiency. If applicable, Contractor will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.0 §6201-6422) and with all mandatory standards and policies relating to energy efficiency and the provisions of the state Energy Conservation Plan adopted pursuant thereto. 45. Florida E-Verify System — Beginning January 1, 2021, in accordance with Fla. Stat., Sec. 448.095, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland 24 60 Security's E-Verify system to verify the work authorization of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of Fla. Stat., Sec. 448.095. 46. UNCONTROLLABLE CIRCUMSTANCE Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project;(each, a "Uncontrollable Circumstance"). CONTRACTOR'S financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within 7 days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek a no cost Change Order for such reasonable time as the Owners Representative may determine. 47. WARRANTY OF PERFORMANCE Contractor represents and warrants that it possesses the knowledge, skill, experience, and financial responsibility required to perform and provide all services set forth in the Scope of Work and that each person and entity that will provide services is duly qualified to perform such services by all appropriate governmental authorities, where required, and is sufficiently experienced and skilled in the area(s) for which such person or entity will render such services. Contractor represents and warrants that the services in the Scope of Work shall be performed in a skillful and respectful manner, and that the quality of all such services shall equal or exceed prevailing industry standards for the provision of such services. 48. ENTIRE AGREEMENT This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Agreement shall be in writing, approved by the Board of County Commissioners, and signed by both parties before it becomes effective. 25 61 49. FINAL UNDERSTANDING This Agreement is the parties' final mutual understanding. It replaces any earlier agreements or understandings, whether written or oral. This Agreement cannot be modified or replaced except by another written and signed agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] 26 62 WHEREOF, COUNTY and CONTRAff0fto have elteculed r first wrftten above and shall be deemed an BOARD OF COUNTY COMMISSIONERS Aftet:.x' MADOK,CLERK OF MONROE COUNTY, FLORIDA y: ClerkAs Do" ,mn VWbwnws for CONTRACTOR: m CONTRACTOR. ®RIGHTVIEW LANDS PE SERVICES, r By: Signature of pe n aulhorized to Signature legally bind COTRACTOR Date: a PZ DAY Ze�Pf Date Print Na Print Name andrdle AddF7Pflature Telephone Number Date Print Name MWa WUMiYATI S WM �STO �. PAIF"DAM ASSISTAW GOWM ATT 7 DATE: _ fiQ112Q22 a Sca r 63 EXHIBIT "A" Scope of Work 28 64 SCOPE OF WORK Contractors shall be familiarwith the recreation sites throughout Monroe County primarily the following locations: 1. Bernstein Park, Stock Island 2. Watson Field, Big Pine Key 3. Big Pine Community Park, Big Pine Key 4. Harry Harris Park, Tavernier 5. Friendship Park, Key Largo 6. Key Largo Community Park, Key Largo 1. Scope of Work The Scope of Work shall include, but not be limited to, all work shown and listed below: A) Fertilization: • Fertilization with Pre-emergent Herbicide (February) • Fertilization (March) • Fertilization with Pre-emergent Herbicide (April) • Fertilization with (May) • Fertilization with (July) • Fertilization with (August) • Fertilization with (September/October) B) Post -emergent weed treatment as needed and approved by Monroe County C) Aeration / Topdressing / Verticutting (pull up some of the thatch and reduce sponginess at Harry Harris/Key Largo Community parks): • 2 x year during growing season (April &August) D) Fungicide: • As needed • Preventative fungicide applications can be applied to prevent damage to fields E) Insecticide: • Mole Cricket (May) Insecticide Application • As needed (all other months) • Preventative insecticide applications can be applied to prevent damage to fields (bi-monthly applications should help) F) Additional Specifications: • Soil tests for all fields to include phosphorus (P), potassium (K), calcium (Ca), Magnesium (Mg), minor nutrients, percent organic matter and the soluble salt level, soil pH and nematodes. Provide prescriptive recommendations to correct soil issues. Monroe County will reauthorize service order for any additional work required • Name, quantities and dates of all chemicals/pesticides/fertilizers applied used • Overseed as needed and requested by Monroe County 29 65 The Contractor is required to provide a complete job as contemplated by the Scope of Work, which is a part of this bid package. The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies, permits, if any are necessary, and any other means of construction or work necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated. The contractor shall adhere to County fertilizer ordinances as stipulated in chapter 12, article two of the code of ordinances of Monroe County, Florida. Acquire all necessary permits, if any are required. Include as a part of the Contractor bid the cost responsibility for any and all permit fees. Contractor shall supply all of the needed materials and hardware to complete the project and properly dispose of any debris. 30 66 EXHIBIT "B" Davis Bacon Wages Statement 31 67 "General Decision Number : FL20220022 07/01/2022 Superseded General Decision Number : FL20210022 State : Florida Construction Type : Building County: Monroe County in Florida . BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories) . Note : Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658 . Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5 . 1 (a) (2) - ( 60 ) . lIf the contract is entered 1 Executive Order 14026 linto on or after January 30 , 1 generally applies to the 12022, or the contract is 1 contract . lrenewed or extended (e . g. , an 1 . The contractor must pay loption is exercised) on or 1 all covered workers at lafter January 30, 2022 : 1 least $15 . 00 per hour (or I the applicable wage rate I listed on this wage I I determination, if it is higher) for all hours I I spent performing on the I I contract in 2022 . I I lIf the contract was awarded onl . Executive Order 13658 for between January 1, 2015 andl generally applies to the 1January 29, 2022, and the I contract . I 32 68 Icontract is not renewed or IThe contractor must pay all Ilextended on or after January I covered workers at least 1130 , 2022 : 1 $11 . 25 per hour (or the I I applicable wage rate listed I I on this wage Idetermination, if it is higher) for all I I hours spent performing on I I that contract in 2022 . The applicable Executive Order minimum wage rate will be adjusted annually . If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request . Additional information on contractor requirements and worker protections under the Executive Orders is available at https : //www . dol . gov/agencies/whd/government-contracts . Modification Number Publication Date 0 01/07/2022 1 01/14/2022 2 02/25/2022 3 07/01/2022 ELEC0349-003 09/01/2021 Rates Fringes ELECTRICIAN . . . . . . . . . . . . . . . . . . . . . . $ 37 . 61 11 . 72 ----------------------------------------------------------- ENG10487-004 07/01/2013 Rates Fringes OPERATOR: Crane All Cranes Over 15 Ton Capacity. . . . . . . . . . . . . . . . . . . . $ 29 . 00 8 . 80 Yard Crane, Hydraulic 33 69 Crane, Capacity 15 Ton and Under . . . . . . . . . . . . . . . . . . . . . . . $ 22 . 00 8 . 80 ----------------------------------------------------------- IRON0272-004 10/01/2021 Rates Fringes IRONWORKER, STRUCTURAL AND REINFORCING . . . . . . . . . . . . . . . . . . . . . . $ 26 . 00 14 . 16 ----------------------------------------------------------- PAIN0365-004 06/01/2021 Rates Fringes PAINTER: Brush Only. . . . . . . . . . . . . $ 20 . 21 12 . 38 ----------------------------------------------------------- * SFFL0821-001 07/01/2022 Rates Fringes SPRINKLER FITTER (Fire Sprinklers) . . . . . . . . . . . . . . . . . . . . . . $ 31 . 28 21 . 34 ----------------------------------------------------------- SHEE0032-003 12/01/2013 Rates Fringes SHEETMETAL WORKER (HVAC Duct Installation) . . . . . . . . . . . . . . . . . . . . $ 23 . 50 12 . 18 ----------------------------------------------------------- * SUFL2009-059 05/22/2009 Rates Fringes CARPENTER. . . . . . . . . . . . . . . . . . . . . . . . $ 15 . 08 5 . 07 CEMENT MASON/CONCRETE FINISHER. . . $ 12 . 45 ** 0 . 00 FENCE ERECTOR. . . . . . . . . . . . . . . . . . . . $ 9 . 94 ** 0 . 00 LABORER: Common or General . . . . . . $ 8 . 62 ** 0 . 00 LABORER: Pipelayer . . . . . . . . . . . . . . $ 10 . 45 ** 0 . 00 OPERATOR: Backhoe/Excavator . . . . . $ 16 . 98 0 . 00 34 70 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) . . . . . . . . . $ 9 . 58 ** 0 . 00 OPERATOR: Pump . . . . . . . . . . . . . . . . . . $ 11 . 00 ** 0 . 00 PAINTER: Roller and Spray. . . . . . . $ 11 . 21 ** 0 . 00 PLUMBER. . . . . . . . . . . . . . . . . . . . . . . . . . $ 12 . 27 ** 3 . 33 ROOFER: Built Up, Composition, Hot Tar and Single Ply. . . . . . . . . . . . . . . . . . . . . . . $ 14 . 33 ** 0 . 00 SHEET METAL WORKER, Excludes HVAC Duct Installation . . . . . . . . . . . $ 14 . 41 ** 3 . 61 TRUCK DRIVER, Includes Dump and 10 Yard Haul Away . . . . . . . . . . . . $ 8 . 00 ** 0 . 15 ---------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental . ----------------------------------------------------------- ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($15 . 00) or 13658 ($11 . 25) . Please see the Note at the top of the wage determination for more information . Note : Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1 , 2017 . If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year . Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including 35 71 preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https : //www . dol . gov/agencies/whd/government-contracts . Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5 . 5 (a) (1 ) (ii) ) . ---------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type (s) of construction in the area covered by the wage determination . The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local) , a survey rate (weighted average rate) or a union average rate (weighted union average rate) . Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or " "UAVG" " denotes that the union classification and rate were prevailing for that classification in the survey. Example : PLUM0198-005 07/01/2014 . PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers . 0198 indicates the local union number or district council number where applicable, i . e . , Plumbers Local 0198 . The next number, 005 in the example, is an internal number used in processing the wage determination . 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1 , 2014 . Union prevailing wage rates are updated to reflect all rate 36 72 changes in the collective bargaining agreement (CBA) governing this classification and rate . Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification . As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates . Example : SULA2012-007 5/13/2014 . SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates . LA indicates the State of Louisiana . 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination . 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier . Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification (s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 1000 of the data reported for the classifications was union data . EXAMPLE : UAVG-OH-0010 08/29/2014 . UAVG indicates that the rate is a weighted union average rate . OH indicates the state . The next number, 0010 in the example, is an internal number used in producing the wage determination . 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier . A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ----------------------------------------------------------- 37 73 WAGE DETERMINATION APPEALS PROCESS 1 . ) Has there been an initial decision in the matter? This can be . * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2 . ) and 3 . ) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations . Write to : Branch of Construction Wage Determinations Wage and Hour Division U . S . Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2 . ) If the answer to the question in 1 . ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1 . 8 and 29 CFR Part 7) . Write to : Wage and Hour Administrator U . S . Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 38 74 The request should be accompanied by a full statement of the interested party ' s position and by any information (wage payment data, project description, area practice material, etc . ) that the requestor considers relevant to the issue . 3 . ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to : Administrative Review Board U . S . Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4 . ) All decisions by the Administrative Review Board are final . ----------------------------------------------------------- END OF GENERAL DECISIO" 39 75 EXHIBIT "C" Byrd-Anti Lobbying Certification 40 76 APPENVDIX 44 C.F.R.,PART 18 — CERTIFICATION REGARDING LOBBYING (To be submitted with� a h bid or 617feuexceeOing$1' 0 Certification For Contracts, Grants, Loans, and'Cooperative Agreements, The: undersigned certifies, tothe best ofhls or her knowledge and belief, th t� 1. 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Stiwz of Federal Acdoar 3, R,-Rort.Type: a conlracc F-1 a.bA"Offer"applic' non =a Mlha0 b paw b =�=7 W.Vwd t awerialchaue 'Zooplarallve a mava ¢ c�. poF,1-awmd d lem For Materiall Cliamle 0Mly: e. L'OM Fparanle* TEAT Tanner f louairanu=e �.Tta:Z7fj,-,—I epom t. IS a me and Address oaf RepoFtMg EMAY S. If'RipaTfingEntztyim No.4isSmbawairdee, Emtei Name xud Address of Pnme': Elkmle E-1suhrvowdee Der ifl-nown, Coatgressianal District,if Lmo%m Coagres'seomall Dis"Mict.,iftaowL 6. Federal Deparfmemb,'J"ry: '7. Federal Program.NameiDescripfian: CFDA Number,ffnppkabLe! S. Federal Actiam Number,iflina7m: 9. Amard Amiamot,if knowm: 10. a. Kame and Address arfLxDbby Emifty b. luckh-bduais Performing Serviicey �mmdk&ag (If individ%ja.,ln-m manaa,Era name,Ml„ �iLidreisif&ffereiiiEram.No. ]On) C.Iwz Dama,'fin't name,ml� (atach Cachmumtm SbHT.()if 11. Ammumt affx.yment(chiKkall dhaAapplly) 13. Elactua0 F-]planmed F-1 a cyder F-1 b. cane-time&e 12- Farm of Payment(Check all hhat apply): C CGILMais.,lau F-1 a cash d. cMtmgenrfH! F—] b in-b-ind' nanua_ E &EIZETTS.1 vKUE! N f othaT,spelift. 14- Rrief Description of Seridces Perfarmed oc to be performedsmid DaWs)ofSerm'xe,including officcrfg,empleyee(s),ar member(s)confacted,for P2ymemt lmdacated hii Item 11: (atlach Ccaftimik-m SheiFV,'s)if uKesmrv.) IS- Costinuadam Sheet(s)attached: yes El No El 16. hfam.3tam rsqwslad thxm#Iffinfim i-,LvzffimuQd by. Tft]&3],U,S C Sw*icn L352, TL%diiz1&,n=c flabhN A -MF Sipanue:� vpLL=ri%%-3tyhjcod by dN tar z7onvinhan hi.'stZananion, %,nm ado wouNradmio priat Name- puzn=f to K U S,C.]3112 MLs of=,anim Wail.]169, r;pwNd to Ccapp,:,i mm=uall.i�amd wi.l boavailabla for pb1coypticiaza Aay pwv=wk Emh tic:Elg&.4 Wdnd Title: &"Vb0uzQ Telephone DMe: Awhmued fw Llaca Repwim bou Fed,",eril Uie Only: SAmimd To=-LLL 2-6c IPAIR7 2�CCIJIM7Y 42 78 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C.section 1352. The filing of a foram is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or eimployee of any agency,a Mermber of Congress an officer or eimployee of Congress or an employee of a Mermber of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the foram is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence,the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name,address,city,state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts,subgrants and contract awards under grants. 5. If the organization filing the report in Iterm 4 checks"Subawardee"then enter the full narme,address,city,state and zip code of the prime Federal recipient. Include Congressional District,if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name,if known. For example,Department of Transportation,United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full Catalog of Federal Domestic Assistance(CFDA)number for grants,cooperative agreements,loans and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1(e.g., Request for Proposal(RFP)number,Invitation for Bid(IFB)number,grant announcerment number,the contract grant.or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes,e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a)Enter the full name,address,city,state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered Federal action. (b)Enter the full names of the individual(s)performing services and include full address if different from 10(a). Enter Last Name,First Name and Middle Initial(MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(item 4)to the lobbying entity (item 10). Indicate whether the payment has been made(actual)or will be made(planned). Check all boxes that apply. If this is a material change report,enter the curmulative amount of payment made or planned to be made. 12. Check the appropriate box. Check all boxes that apply. If payment is made through an in-kind contribution,specify the nature and value of the in-kind payment. 13. Check the appropriate box. Check all boxes that apply. If other,specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s)of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s)or employee(s)contacted or the officer(s)employee(s)or Meruber(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s)is attached. 16. The certifying official shall sign and date the form,print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response,including time for reviewing instruction,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project (0348-0046),Washington,D.C.20503. SF-LLL-Instructions Rev.06-04- 90«ENDIF» 2-6d PART 2/COUNTY 43 79 SECTION 00120 PROPOSALFORM The Proposal shall be submitted on the forms included in this section of the Proposal Documents as previously instructed herein. Item Description Pages 1. Proposal Form 20-22 2. Non-Collusion Affidavit 23 3. Lobbying and Conflict of Interest Clause 24 4. Drug-Free Workplace Form 25 5. Local Preference Form 26 6. Public Entity Crime Statement 27 7. Vendor Certification Regarding Scrutinized Companies Lists 28 8. Insurance Requirements and Checklist 29 9. Workers Compensation and Employers' Liability 31 General Liability 32 Vehicle Liability 33 i 10. Proposer's Insurance and Indemnification Statement 34-35 11. Insurance Agent's Statements 36 12. Contractor's Licenses (contractor/ business/ certifications): A current copy to be submitted with Proposal. INFORMATION REQUIRED TO BE PROVIDED 1. ►n order to determine if the persons or entity submitting proposals are responsible, all Proposals for contracts to be awarded under this section must contain the following information: A. A list of the entity's shareholders with five percent (5%) or more of the stock or, if a general partnership, a list of the general partners; or, if a limited liability company, a list of its members; if a solely owned proprietorship, names(s) of owner(s). A copy of documentation demonstrating that the entity is a legally viable entity shall be attached. BrightView Companies, LLC owns 100% B. A list of the officers and directors of the entity. See attached C. Relevant Experience: The number of years the person or entity has been operating and, if different, the number of years it has been providing the service, goods, or construction services called for in the proposal specifications (include a list of similar projects). 34 PROPOSAL FORM 00120-Page 17 of 78 80 D. The number of years the person or entity has operated under its present name and any prior names. 6 years. Prior name ValleyCreast Landscape Maintenance, Inc. E. Answers to the following questions regarding claims and suits: a. Has the person or entity ever failed to complete work or provide the goods for which it has contracted? (If yes, provide details of the job, including where the job was located and the name of the owner.) YES NO b. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the person, principal of the entity, or entity, or its officers, directors, or general partners(this specifically includes any present or prior entities in which the person, principal, entity, officer, director or general partner of the proposing entity has been involved as a person, principal, entity, officer, director or general partner in the last five (5) years)? (If yes, provide details, include enough information about the judgment, claim, arbitration, or suit so that the Owner will able to obtain a copy of the judgment or claim or locate the suit by location and case number.) YES F1 NO ❑X C. Has the person, principal of the entity, entity, or its officers, major shareholders or directors within the last five (5) years, been a party to any law suits or arbitrations with regard to a contract for services, goods or construction services similar to those requested in the specifications with private or public entities? This specifically includes any present or prior entities in which the person, principal, entity, officer, director or general partner of the proposing entity has been involved as a person, principal, entity, officer, director or general partner in the last five (5) years. (If yes, provide details, include enough information about the judgment, claim, arbitration, or suit so that the Owner will able to obtain a copy of the judgment or claim or locate the suit by location and case number.) YES NO FRI d. Has the person, principal of the entity, or its officers, owners, partners, major shareholders or directors, ever initiated litigation against Monroe County or been sued by Monroe County in connection with a contract to provide services, goods or construction services?This specifically includes any present or prior entities in which the person, principal, entity, officer, director or general partner of the proposing entity has been involved as a person, principal, entity, officer, director or general partner. (If yes, provide details, include enough information about the judgment, claim, arbitration, or suit so that the Owner will able to obtain a copy of the judgment or claim or locate the suit by location and case number.) PROPOSAL FORM 00120- Page 18 of 78 81 YES NO X❑ e. Whether, within the last five (5) years, the Owner, an officer, general partner, controlling shareholder or major creditor of the person or entity was an officer, general partner, controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for bids. (If yes, provide details and information about the failure to perform services or furnish goods that will enable the Owner to thoro�ghly consider the matter.) YES NO X❑ f. Customer references (minimum of three), including name, current address, and current telephone number. Credit References (minimum of three), including name, current address, and current telephone number. g. Financial statements for the prior three (3) years. Please provide in a separate email for the Contractor's confidentiality, and clearly label the email "CONFIDENTIAL." ("Any financial statement that an agency requires a prospective bidder to submit in order to prequalify for bidding or for responding to a bid for a road or any other public works project is exempt from F.S. §119.07(1) and s.24(a), Art. 1 of the State Constitution.") However, any financial information the Contractor includes in the proposal packet, which is not markedias "Confidential", may be disclosed in any public records request and will not be treated as "Confidential." The County shall incur no liability for inadvertent disclosure of financial records that are not properly marked. All financials roll-up to BrightView Holdings, Inc., a publicly traded company on the NYSE under symbol BV. Therefore, you may incorporate pages from the 10K; the entire 10-K (copy attached); or a link to the 10-K on NYSE symbol BV or on our investor website at https://investor.brightview.com/financials-and-filings/sec-filings/ default.aspx PROPOSAL FORM 00120- Page 19 of 78 82 SECTION 00120 PROPOSAL FORM PROPOSAL TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT 1100 SIMONTON STREET ROOM 2-213 KEY WEST, FLORIDA 33040 PROPOSAL FROM: BRIGHTVIEW LANDSCAPE SERVICES, INC 4155 East Mowry Dr, Homestead, FI 33033 The undersigned, having carefully examined the Scope of Work and other reference documents, if any, Proposal, and Addenda thereto, and other Contract Documents for the work described as: BALLFIELD MAINTENANCE - MULTIPLE LOCATIONS and having been afforded the opportunity to carefully examine the site(s)where the Work is to be performed, having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself/herself with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the Work, does hereby propose to furnish all applicable labor, mechanics, superintendents, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete said Work and work incidental hereto, in a workman-like manner, in conformance with said Scope of Work, and other Contract Documents including Addenda issued thereto. The undersigned further certifies that he/she has been given the opportunity to personally inspect the actual location(s) of where the Work is to be performed, together with the local sources of supply and that he/she understands the conditions under which the Work is to be performed. The successful proposer shall assume the risk of any and all costs and delays arising from the existence of any subsurface or other latent physical condition which could be reasonably anticipated by reference to documentary information provided and made available, and from any inspection and examination of the site(s). The Contractor proposes said services on a per month basis for each of twelve months. The Contractor shall invoice Monroe County Parks & Beaches Department monthly for ballfield maintenance services performed under the Scope of Work contained herein for locations, including, but not limited to, the following: 1. Bernstein Park, Stock Island 2. Watson Field, Big Pine Key 3. Big Pine Community Park, Big Pine Key 4. Harry Harris Park, Tavernier 5. Friendship Park, Key Largo 6. Key Largo Community Park, Key Largo The Total Base Proposal shall be furnished below in words and numbers. If there is an inconsistency between the two, the Proposal in words shall control. PROPOSAL FORM 00120- Page 20 of 78 83 One hundred forty-eight thousand three hundred and sixty-four dollars and forty-five cents (Total Base Proposal-words) $ 148,364.45 (Total Base Proposal — numbers) I acknowledge Alternates as follows: N/A I I Unit prices, if any, are as follows: N/A I acknowledge receipt of Addenda No.(s) No. 1 Dated 7/22/22 No. 2 Dated 8/4/22 No. Dated No. Dated PROPOSAL FORM 00120-Page 21 of 78 84 Proposer, states by his/her check mark in the blank beside the form and by his/her signature that he/she has provided the following requirements (located in Section 00120): 1 Proposal Form 2 Non'Co||usionAffidavit 3 Lobbying Conflict of Interest Clause 4 Drug-Free Workplace Form 5 Local Preference Form and requirements (if applicable) 6 Public Entity Crime Statement 7 Vendor Certification Regarding Scrutinized Companies Lists 8 Proposer's Insurance and Indemnification Statement 9 Insurance Agent's Statement(signed byagent) 10 Answered Required Questions 12 Provided three (I) Customer References and three (3) Credit References 12 Provided three (3) years of Financial Statements ino separate email 13 Certified copy of Valid Florida Contractor's License 14 Current Monroe County Occupational License Business Name: Brigh1tview Landscaping Services, INC. D8A: | Business E|N # 95-4194223 Business Address: 4155 East Mowry Drive Mailing Address: City, Sbate, Zip Homestead, City, Sbaba, 2]p Phone: Local Phone: Email: The physical business address must be registered at its principal place of business with the Florida Department uf State for et least onu (1) yearpho to the i of request for bid or proposal. Date: Signed: Printed: aAl( V_" Title- vvuneaa: V NON-COLLUSION AFFIDAVIT [ according to law on myof the city of 000n. mnOunOerpenn|tycfpegury, UaposeanUsaythat: a. | hnn of the proposer making znm rropoaa| for the project -described in the Request for Proposals for and that | executed the said | ''~r~~~' with '~^ authority ^o ~~ so; | b. The prices in this proposal have been arrived at independently without collusion, oonnu|toUon, connnnunioetion, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor; and C. Unless nthmnm|ae required by |avv, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly, to any other proposer orto any competitor; and d. No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit, or not to subnnit, a proposal for the purpose of restricting competition; and e. The statements contained in this affidavit are true and norpeot, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. | | | (Signature) Date: STATE OF: _FA0VAA COUNTY OF: Subscribed and o0/ online notarization, on (date) by ama oramonV He/She is personally known to me or has produced (type identification. SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 K8CJNROE COUNTY, FLORIDA ETHICS CLAUSE lu�i Y" QAD W .-fnc - (Company) "...warrants that he/she/it has not employed, retained or otherwise had act on his/her/its 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. 010-1900. 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, oonnmiaeion, pencentago, gift, or consideration paid to the former County officer ormnnp|oyee." (Signature) � | Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of��ica| presence or O online (name cfaM|ant). He/She iu personally known tomeor has produced NOTARY 6UBtAC-,__ I'.4a: EXPIRES:November 6,2023 - BOnded Thru Notaty Public underwrltm My Commission Expires: l� A. Vendors claiming a local preference according to Ordinance 023-2009, as amended by Ordinance Nos. 004-2015 and 025-2015, must complete this form. Name of Bidder/Responder: (I,eA hIyl LaVtiC�SCA�� 1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least one(1)year prior to the notice of request for bids or proposals? Yes (Please furnish copy.) 2. Does the vendor have a physical business address located within Monroe County from which the vendor operates or performs business on a day to day basis that is a substantial component of the goods or services being offered to Monroe County? Yes I I (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one (1) year prior to the notice of request for bid or proposal.) List Address: 3978 Gordon Rd.,Big Pine FI. 33043 Telephone Number: 305-258-8011 B. Does the vendor/prime contractor intend to subcontract 50% or more of the goods, services, or construction to local businesses meeting the criteria above as to licensing and location?_No If yes, please provide: 1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one (1) year prior to the notice or request for bid or proposal. 2. Subcontractor's physical business address within Monroe County from which the subcontractor operates: (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one (1) year prior to the notice of request for bids or proposals) } & �3 Tel. Number Address ............ _.....�.. ............._...... .........._..................__....... Print Name: Si ature and Title of Authorized Signatory for Bidder/Responder STATE OF: 0 � 1��( Q COUNTY O Subscriber'!and worn to(or affirmed , b means( )before me may- of physical resence ar online notarization, on (date) by ®1 _.: (name of affiant). e/She i ersona„Il known to me or h p—di ced (type of identification) as identification. is �� kQT PUBLIC RM 49 ATRICIASOTOMISSION#GG 929629S:hlovember 6,2023uNotaryPublicUnderwriters My Commission Expires: PUBLIC ENTITY CRIME STATEMENT PROPOSAL FORM 00120- Page 26 of 78 88 The undersigned vendor in accordance with Florida Statutes, Geo. 287.087. hereby certifies that: (Name ofBusiness) 1. Publish a statement notifying employees that the unlawful nnanufentuna, distribution, dispensing, poeseaaion, or use of controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free vvorkp|aoe, any available drug counae|ing, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under proposal 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 proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or no|o nontmndere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance |avv of the United States or any atote, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose e sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such in available in the employee's community, or any employee who iosnconvicted. O. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. | | As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. (Propooer'oSignat ) Date: STATE OF: ' COUNTY OF: Subscribe and worn V to(or affirmed)before me' b�Mean�sofV/pp2ysical pre enceorEl online notarization, (date) by (name of on affiant). He/She is ptArqa��y known to me or has produced PATRICIAS, To � NOTARY PUBL|(�---- EXPIRES:November 6,2023 My Commission Expires: LOCAL PREFERENCE FORM 89 "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 entiiy, may not submit o bid, pnopoaa|, or reply on a contract to provide any goods nr services to a public entity, may not submit o bid, proposo|, or reply on a contract with a public entity for the construction or repair of public building or public vvork, may not submit bids on leases of real property to a public ontitv, may not be awarded or perform work as a controotor, supp|ier. subcontractor, or consultant under a contract with any public entity, and may not transact business � with any public entity inexcess of the threshold amount provided in Section 287.017. Florida | Statutes, for CATEGORY TWO for e period of thirty-six (30) months from the date ofbeing placed on the convicted vendor |ist.^ | have read the above and state that neither (Propoaer'n name) nor anyAffi|iatehasbeenp|acedontheoonv|oted-ve6`dor |istvvithinthe1astLhidy'six (3O) nnnnths. -)J 1-� (Signature) Date: I-ed---b- STATE COUNTY OF: - / | Subscribed and sworn to (or affirmed> e ore me, by means of nm*p� | proaenomor [] on|ine nutu/mauun. on (date) by �YY2,nlp--2--- (name cfoff|an¢ M e is personally me or has pnuouneo y e of identification) as SOTO EXPIRES:November 6,2023 My Commission Expires: VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Vendor FEIN: 95-4194223 Vendor's Authorized Representative Name and Title: Jose Fernandez, Business Developer Address: 4155 East Mowry Drive City: Homestead --State: Florida _..__ Zip: 33033 ___-- Phone Number: 305 -258-8011 Email Address: Jose.Fernandezgbrightview.com Section 2�7.135, Florida Statutes prohibits a company from bidding op, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal,the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section. 215.4725, .Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473,Florida Statutes,or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companics with Activities in Sudan.List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135,Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Certified By: ' who is authorized to sign on behalf of the above referenced com 1y. Authorized Signature: w� _ Print Name: Title: Note: The List are available at the following Department of Management Services Site: lrttp w ..ra � roper ttro� l talc yp_i-- ----- ry ......... s l�crui cf �li-5c It�r7ur,it lywmmf_�2-111lla,ilWs Vendor lists; PROPOSAL FORM 00120- Page 28 of 78 91 '��•� ® DATE(MM/DD/YYYY) A�/20 CERTIFICATE OF LIABILITY INSURANCE 09/06/2022 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 p REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. U m 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: Aon Risk Services Central, Inc. PHONE (866) 283-7122 FAX (800) 363-0105 Philadelphia PA Office (A/C.No.Ext): A/C.No.: a 100 North 18th street E-MAIL 15th Floor ADDRESS: _ Philadelphia PA 19103 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: ACE American Insurance Company 22667 BrightView Landscape services, Inc. INSURERB: American Guarantee & Liability Ins Co 26247 980 jolly Road suite 300 Blue Bell PA 19422 USA INSURERC: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:570095194521 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. Limits shown are as requested LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MWDD/YYYY MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY XSLG EACH OCCURRENCE $2,000,000 CLAIMS-MADE X❑OCCUR SIR applies per policy terns & condi ions $2,000,000 PREMISES Ea occurrence VIED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $2,000,000 N GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $5,000,000 POLICY ❑X PRO- El LOC PRODUCTS-COMP/OP AGG $5,000,000 0 OTHER: o A ISA H25581593 10101120211010112022 COMBINED SINGLE LIMIT n AUTOMOBILE LIABILITY $5,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) 0 Z OWNED SCHEDULED BODILY INJURY(Per accident) 0 AUTOS ONLY AUTOS R HI RED AUTOS NON-OWNED PROPERTY DAMAGE V ONLY AUTOS ONLY Per accident B X UMBRELLALIAB X OCCUR AUC508596817 10101120211010112022 EACH OCCURRENCE $3,000,000 V EXCESS LIAB CLAIMS-MADE AGGREGATE $3,000,000 DED RETENTION A WORKERS COMPENSATION AND WLRC67804041 10101120211010112022 X I PERSTATUTE I OTH- EMPLOYERS'LIABILITY Y/N WC - AOS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $2,000,000 A OFFICER/MEMBER EXCLUDED? N/A SCFC67804089 10/01/2021 10/01/2022 (Mandatory in NH) WC - WI E.L.DISEASE-EA EMPLOYEE $2,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $2,000,000- DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe County BOCC, 1100 Simonton Street, Key West, FL 33040 is included as Additional Insured in accordance with the policy provisions of the General Liability policy and Auto Liability policy. I'- DA CERTIFICATE HOLDER CANCELLATION - WANN KtkX — SHOULD ANY OF THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE = POLICY PROVISIONS. �F Monroe County BOCC AUTHORIZED REPRESENTATIVE 1100 Simonton street Key West FL 33040 USA ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 92 DATE(MM/DD/YYYY) A o CERTIFICATE OF LIABILITY INSURANCE 09/22/2022 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 p REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. U m 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: Aon Risk Services Central, Inc. PHONE (866) 283-7122 FAX (800) 363-0105 Philadelphia PA Office (A/C.No.Ext): A/C.No.: a 100 North 18th street E-MAIL 15th Floor ADDRESS: _ Philadelphia PA 19103 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: ACE American Insurance Company 22667 BrightView Landscape services, Inc. INSURERB: American Guarantee & Liability Ins Co 26247 980 jolly Road suite 300 Blue Bell PA 19422 USA INSURERC: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:570095441812 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. Limits shown are as requested LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY XSLG47 18397 EACH OCCURRENCE $2,000,000 CLAIMS-MADE X❑OCCUR SIR applies per policy terns & condi ions $2,000,000 PREMISES Ea occurrence VIED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $2,000,000 N GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $5,000,000 v POLICY ❑X PRO- El LOC PRODUCTS-COMP/OP AGG $5,000,000 0 OTHER: o A ISA H1071333A 10/01/2022 10/01/2023 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY $5,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) 0 Z OWNED SCHEDULED BODILY INJURY(Per accident) 0 AUTOS ONLY AUTOS R HI RED AUTOS NON-OWNED PROPERTY DAMAGE V ONLY AUTOS ONLY Per accident B X UMBRELLALIAB X OCCUR AUC508596818 10/01/2022 10/01/2023 EACH OCCURRENCE $3,000,000 V EXCESS LIAB CLAIMS-MADE AGGREGATE $3,000,000 DED RETENTION A WORKERS COMPENSATION AND WLRC50687302 10/01/2022 10/01/2023 X I PER STATUTE I OTH- EMPLOYERS'LIABILITY Y/N WC - AOS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $2,000,000 A OFFICER/MEMBER EXCLUDED? N/A SCFC50687405 10/01/2022 10/01/2023 (Mandatory in NH) WC - WI E.L.DISEASE-EA EMPLOYEE $2,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $2,000,000- DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe County BOCC, 1100 Simonton Street, Key West, FL 33040 is included as Additional Insured in accordance with the policy provisions of the General Liability policy and Auto Liability policy. Ira r-J 2 . 2 23 2z CERTIFICATE HOLDER CANCELLATION �� °°-- ���"� _, �a, SHOULD ANY OF THI WAMM wok EXPIRATION DATE THE POLICY PROVISIONS. Monroe County BOCC AUTHORIZED REPRESENTATIVE 1100 Simonton street Key West FL 33040 USA ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 93 POLICY NUMBER: XSL G47318397 001 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization whom you have agreed to All locations where you perform work for such include as an additional insured under a written additional insured pursuant to any such written contract, provided such contract was executed prior to contract. the date of loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law; and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 94 POLICY NUMBER: XSL G47318397 001 Endorsement Number: TBD COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Organization(s): Any person or organization whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III— Limits Of Insurance: with respect to liability for "bodily injury", "property If coverage provided to the additional insured is damage or personal and advertising injury required by a contract or agreement, the most we caused, in whole or in part, by your acts or will pay on behalf of the additional insured is the omissions or the acts or omissions of those acting amount of insurance: on your behalf: 1. In the performance of your ongoing operations; 1. Required by the contract or agreement; or or 2. Available under the applicable Limits of 2. In connection with your premises owned by or Insurance shown in the Declarations; rented to you. whichever is less. However: This endorsement shall not increase the 1. The insurance afforded to such additional applicable Limits of Insurance shown in the insured only applies to the extent permitted by Declarations. law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 26 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 1 95 SCHEDULE OF NAMED INSUREDS Named Insured Endorsement Number BrightView Landscapes, LLC TBD Policy Symbol Policy Number Policy Period Effective Date of Endorsement XSL I G47318397 001 10/01/2022 to 10/01/2023 10/01/2022 Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The Named Insured shown in the Declarations is amended to read as follows: BrightView Landscapes, LLC BrightView Landscape Services, Inc. BrightView Tree Care Services, Inc.. BrightView Golf Course Maintenance, Inc.. BrightView Enterprise Solutions, LLC BrightView Companies, LLC BrightView Chargers, Inc. BrightView Landscape Services, Inc,dba Marina Landscape Maintenance BrightView Tree Care Services , Inc dba Urban Tree Care (formerly known as Urban Tree Care) BrightView Landscape Services, Inc. dba Girard Environmental Services BrightView Landscapes, LLC dba Cutting Edge Property Maintenance as well as any organization other than a partnership or joint venture, and over which you or your subsidiary currently maintain ownership or majority interest provided there is no other similar insurance available to that organization; and any other organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain ownership or majority interest, provided: a) there is no other similar insurance available to that organization; and b) you notify us of such acquisition not later than 60 days after the end of the policy period. As respects newly acquired or formed organizations: 1. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and 2. Coverage B does not apply to "personal injury" or "advertising injury" arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past joint venture that is not shown as a Named Insured on this schedule. Authorized Agent LD-12992a (08/04) Includes copyrighted material of Insurance Services Office, Inc.with its permission Page 1 of 1 96 SCHEDULE OF NAMED INSUREDS Named Insured BrightView Landscapes, LLC Endorsement Number TBD Policy Symbol Policy Number Policy Period Effective Date of Endorsement I SA H 1071333A 10/01/2022 To 10/01/2023 10/01/2022 Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIERS COVERAGE FORM AUTO DEALERS COVERAGE FORM The Named Insured shown in the Declarations is amended to read as follows: BrightView Landscapes, LLC BrightView Landscape Services, Inc. BrightView Landscape Development, Inc. BrightView Tree Care Services, Inc. BrightView Golf Maintenance, Inc. BrightView Design Group BrightView Enterprise Solutions, LLC BrightView Companies, LLC BrightView Chargers, Inc. Western Landscape Construction William A. Guthridge and Son, Inc; BrightView Tree Care Services, Inc dba Urban Tree Care (formerly known as Urban Tree Care) BrightView Landscape Services, Inc dba Girard Environmental Services (formerly known as Girard Environmental Services) BrightView Holdings, Inc. Western Landscape Construction dba Signature Landscapes BrightView Landscape Development, Inc. dba BrightView Aquatics BrightView Landscapes, LLC dba Cutting Edge Property Maintenance Named Insured includes First Named Insured; other entities to be covered as of inception and any organization other than a partnership or joint venture, and over which you currently maintain ownership or majority interest, provided there is no other similar insurance available to that organization; and any other organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain ownership or majority interest, provided: a) There is no other similar insurance available to that organization; and b) you notify us of such acquisition not later than 60 days after the end of the policy period. As respects newly acquired or formed organizations, coverage does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past joint venture that is not shown as a Named Insured on this schedule. Authorized Representative DA-13118a (06/14) Page 1 of 1 97