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08/21/2024 Agreement GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: August 29, 2024 TO: William DeSantis, Director Facilities Maintenance Chrissy Collins Executive Administrator Alice Steryou Contract Monitor FROM: Liz Yongue, Deputy Clerk SUBJECT: August 21, 2024 BOCC Meeting The following item has been executed and added to the record: C28 Agreement with BrightView Landscape Services, Inc. in an annual amount not to exceed $231,000.00 for Upper Keys Landscaping Services for Plantation Key Courthouse Complex and Murray E. Nelson Government Center. Funding is Ad Valorem. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 AGREEMENT FOR UPPER KEYS LANDSCAPING SERVICES FOR PLANTATION KEY COURTHOUSE COMPLEX AND MURRAY E. NELSON GOVERNMENT CENTER, MONROE COUNTY, FLORIDA This Agreement is made and entered into this 21 st day of August, 2024, between MONROE COUNTY, FLORIDA ("County / "Owner""), 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 Corporation, authorized to do business in the State of Florida, ("Contractor"), whose principal address is 980 Jolly Road, Suite 300, Blue Bell, Pennsylvania 19422,but for the purposes of this Agreement, its mailing address is 4155 E. Mowry Drive, Homestead, Florida 33033. WHEREAS, County desires to contract for the performance of the work and/or services described in Exhibit "A" and identified as the Scope of Work, which is for Upper Keys Landscaping Services for Plantation Key Courthouse Complex and Murray E.Nelson Government Center with both located in Monroe County ("Project"); and WHEREAS, Contractor desires to and is able to perform the work and/or services described in the attached Exhibit"A"; and WHEREAS, it serves a legitimate public purpose for Contractor to perform the work and/or services for Monroe County as described in the attached Exhibit"A"; NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. THE AGREEMENT The Contract Documents consist of this Agreement and any amendments executed by the parties hereafter, the Request for Proposals ("RFP") documents, and any addenda issued prior to the execution of this Agreement, including the response to the RFP, exhibits, and all required insurance documentation and licenses. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. In the event of a discrepancy between the documents, precedence shall be determined by the order of the documents as just listed. 2. SCOPE OF WORK The Scope of Work shall include, but not be limited to, all work and/or services shown and listed for the locations as noted 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. At times,the County may require a proposal/quote for landscaping projects that are for Additional Services not contained within the Scope of Work. Examples of such additional projects, include AGREEMENT Page 1 of 49 but are not limited to, annual hardwood and/or palm tree pruning, tree removal or installation, trimming of mangroves, installation of new plant and turfgrass material, major or minor irrigation system repairs or additions, etc. The Contractor will have the right of first refusal to provide a quote for the Additional Services. If the quoted amount requires multiple quotes from other qualified vendors pursuant to the current Monroe County Purchasing Policy, as long as the current Contractor's quote is no greater than five percent (5%) above the next lowest quote, the current Contractor shall be awarded the work for the Additional Services. Only after receiving a Purchase Order or Notice to proceed from the County, shall the Contractor proceed with the Additional Services as noted herein. The Contractor shall be responsible for the scheduling of services required per the Scope of Work, so as each task is satisfactorily completed. 3. TERM OF AGREEMENT The initial term of this Agreement shall be for two (2)years which shall commence on September 1, 2024, and will terminate on August 31, 2026, unless terminated earlier under Paragraph 26 of this Agreement. The County shall have the option to renew this Agreement for up to an additional four (4) one- year periods on terms and conditions mutually agreeable to the parties, 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 two (2)years. The County is not required to state a reason if it elects not to renew. 4. PERSONNEL 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. 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 per 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. 5. 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 Facilities Maintenance 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 Facilities Maintenance Director or his designee of all new hires and the results of the background check within five (5) days of such AGREEMENT Page 2 of 49 employment. 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 Corrections/Detention facilities, 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 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. 6. CONTRACT SUM AND PAYMENTS TO CONTRACTOR A. County's performance and obligation to pay under this Agreement, is contingent upon an annual appropriation by the Board of County Commissioners. County shall pay in accordance with the Florida Local Government Prompt Payment Act; payment will be made after delivery and inspection by County and upon submission of a proper invoice by Contractor. B. Contractor shall submit to the appropriate County representative, invoices with supporting documentation acceptable to the Clerk, on a monthly schedule in arrears for monthly maintenance. . 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 AGREEMENT Page 3 of 49 this Agreement. Monroe County's fiscal Year is October I" 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. The County shall pay to the Contractor for the faithful performance of said service on a per month in arrears basis for each of twelve(12)months. The Contractor shall invoice Monroe County Facilities Maintenance Department monthly for landscaping services performed under the Scope of Work contained herein. The Contract amount shall be Nine Thousand Nine Hundred Sixty-Six and 08/100 ($9,966.08) Dollars per month for the Plantation Key Courthouse Complex and Six Thousand Eighty-Five and 42/100 ($6,085.42) Dollars per month for the Murray E. Nelson Government Center. D. The County shall pay to the Contractor Seventy-Five and 00/100($75.00)Dollars per hour, per person, for Emergency Services for cleaning, maintenance, and landscaping for either location (ex. Post-hurricane clean-ups, including all costs associated with equipment, debris removal, and dumping fees with tickets). For invoicing purposes,the hours shall be calculated in fifteen-minute increments for Emergency Services only. Such Emergency Services shall be performed in accordance with the rates as set forth and described herein; all emergency work must be pre-approved. There shall be no additional charges to the County for travel, mileage, meals, or lodging. Contractor shall submit itemized invoices in writing. E. 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), as reported by the U.S. Bureau of Labor Statistics, or three percent(3%), whichever is less, and shall be based upon the CPI-U computation on December 31 st of the previous year. F. Total Compensation to Contractor,which includes requested Additional Services,under this Agreement shall not exceed Two Hundred Thirty-One Thousand and 00/100 ($231,000.00) Dollars per contract year, unless pre-approved work requiring additional funds is implemented and approved by the Board of County Commissioners. The County will request quotes for Additional Services as set forth in Paragraph 2 herein. 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 for a period of five (5) years from the submission of the final expenditure report as per 2 CFR §200.334, 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 AGREEMENT Page 4 of 49 parry to this Agreement for public records purposes during the term of the Agreement and for seven (7) years following the termination of this Agreement. If an 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 Sec. 55.03, Florida Statutes, running from the date the monies were paid to the Contractor. RIGHT TO AUDIT Availability ofRecords. 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 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 an 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 Sec. 55.03, Florida Statutes, running from the date the monies were paid to the Contractor. The Right to Audit provisions survive the termination or expiration of this Agreement. 9. 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 AGREEMENT Page 5 of 49 and shall, as a prevailing parry, 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 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 AGREEMENT Page 6 of 49 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. 10. HOLD HARMLESS, INDEMNIFICATION, AND DEFENSE Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, the 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 parry by reason of, or in connection with, (A) any activity of the Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of the Contractor or any of its employees, agents, sub-contractors or other invitees, or (C)the 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 the 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 Paragraph 11 herein. 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. FDEM Indemnification To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Agency, the State of Florida, Department of Emergency Management, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of this Contract. AGREEMENT Page 7 of 49 This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the (County) Agency's sovereign immunity. 11. INSURANCE Con tractor shall obtain and maintain at its own expense the insurance coverages listed within this paragraph prior to commencing service under this Agreement. All insurance requirements provided for in this Agreement shall be subject to annual review. The Contractor must keep in full force and effect the insurance described during the term of this Agreement. If the insurance policies originally purchased that meet the requirements are canceled, terminated, or reduced in coverage, then the Contractor must immediately substitute complying policies so that no gap in coverage occurs. Copies of current policy certificates shall be filed with the Monroe County Risk Department or the Facilities Maintenance Department Contract Monitor, as appropriate,whenever acquired, amended, and annually during the term 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 LIABILTTY 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 $500,000.00 bodily injury by accident, $500,000.00 bodily injury by disease,policy limits,and$500,000.00 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. 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 $1,000,000.00 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 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. Failure of Contractor to comply with the insurance requirements of this section shall be cause for immediate termination of this Agreement. AGREEMENT Page 8 of 49 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, 1100 SIMONTON STREET, KEY WEST, FLORIDA 33040, MUST BE NAMED AS 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 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 of the part of any parry, effective the date of the court order. Contractor or 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 VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination in employment on the basis of race, color, religion, sex, 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 disability; 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 VIII of Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in 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 of the basis of disability; 10)Monroe County Code Chapter 14,Article 11,which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 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. AGREEMENT Page 9 of 49 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 11, ¶ 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 equally 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 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. AGREEMENT Page 10 of 49 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 non-compliance 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 provision 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 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. AGREEMENT Page 11 of 49 Contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this Agreement. 17. PUBLIC ENTITY CRIME INFORMATION 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, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a Construction Manager, 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 for a period of thirty-six (36)months from the date of being placed on the convicted vendor list." 18. ETHICS CLAUSE "Contractor warrants that he/she/it had 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. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee." 19. CONVENANT OF NO INTEREST County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, either direct or indirect, which would conflict in any manner or degree with its performance under this contract, as provided in Sec. 112.311, et. seq., Florida Statutes, and the only interest of each is to perform and receive benefits as recited in this Agreement. 20. CODE OF ETHICS County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency;unauthorized compensation;misuse of public position;conflicting employment or contractual relationship; and disclosure or use of certain information. 21. 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 AGREEMENT Page 12 of 49 from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 22. 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. 23. NOTICE REQUIREMENT All written correspondence to the County shall be dated and signed by an authorized representative of the Contractor. 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 Services, Inc. Facilities Maintenance Department 4155 E. Mowry Drive 123 Overseas Highway —Rockland Key Homestead, FL 33033 Key West, FL 33040 and County Attorney 1111 12Ih Street, Suite 408 Key West, FL 33040 24. 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 Security's E-Verify system to verify the work authorization status 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. 25. 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 AGREEMENT Page 13 of 49 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. 26. 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 seven (7) days' written notification to the Contractor. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party ninety (90) days' written notice of its intention to do so with neither party having any further obligation under the terms of the contract upon termination. 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 seven (7) 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 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 ninety (90)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. Scrutinized Companies: 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. AGREEMENT Page 14 of 49 F. For Contracts of$1,000,000 or more: (1) If the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5),Florida Statutes,the County shall have the option of(1)immediately 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, at the County's option, if the conditions of Section 287.1325(4), Florida Statutes, are met. (2) If the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, or if the Contractor/Consultant has been placed on a list created pursuant to Section 215.473, relating to scrutinized active business operations in Iran, or been engaged in business operations in Cuba or Syria, the County shall have the option of(1) terminating the Agreement or (2) maintaining the Agreement, at the County's option, if the conditions of Section 287.135(4), Florida Statutes, are met. 27. MECHANIC'S LIENS The Contractor shall not permit any mechanic's lien or liens to be placed on any of the Locations or on improvements thereon. If a mechanic's lien is filed, it shall be the sole responsibility of the Contractor or its officer, employee, agent, contractor, or other representative causing the lien to be filed to discharge the lien and to hold harmless and defend Monroe County against enforcement of such lien. Pursuant to Section 713.23, Fla. Stat.,the liens authorized in Chap. 713, Fla. Stat. do not apply to the County. Nothing in this section is to be read as a waiver or authorization by the County of its constitutional and statutory immunity and right to have its property free of such liens. 28. GOVERNING LAW AND VENUE 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. 29. INTERPRETATION AND 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. 30. 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 AGREEMENT Page 15 of 49 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. 31. ATTORNEY'S FEES AND COSTS County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any parry relative to the enforcement or interpretation of this Agreement, the prevailing parry shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing parry, at all levels of the court system, including in appellate proceedings. 32. 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 parry 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 Paragraphs 14 or 26 concerning termination or cancellation. 33. COOPERATION In the event any administrative or legal proceeding is instituted against either parry relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other parry, 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 parry to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 34. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of County and Contractor and their respective legal representatives, successors, and assigns. 35. AUTHORITY Each parry represents and warrants to the other that the execution, delivery, and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each parry agrees that it has had ample opportunity to submit this Agreement to legal counsel of its choice and enters into this Agreement freely, voluntarily, and with advice of counsel. 36. 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; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each parry prior to AGREEMENT Page 16 of 49 submission. Any conditions imposed as a result of the funding that affect the Project will be provided to each parry. 37. 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. 38. LEGAL OBLIGATIONS AND RESPONSIBILITIES 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. 39. NON-DELEGATION OF CONSTITUTIONAL OR STATUTORY DUTIES 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. 40. 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-parry 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. 41. ATTESTATIONS Contractor agrees to execute such documents as the County may reasonably require to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. 42. 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, proposals, or replies 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 for a period of thirty-six(36)months from the date of being placed on the convicted vendor list." AGREEMENT Page 17 of 49 43. 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. 44. 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. 45. 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 stone, 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 perfonu, 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 seven (7) days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, or as soon as possible after such Uncontrollable Circumstance has occurred if reasonably anticipated, 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 or Amendment for such reasonable time as the Owner's Representative may determine. If the duration of the Uncontrollable Circumstance with respect to Contractor's services extends past seven (7) calendar days, the Contractor compensation will also be suspended. COUNTY'S RIGHT TO SUSPENSION OF SERVICES Suspension of Services may become necessary in a situation defined as either "force majeure/uncontrollable circumstances" or"man-made"or"anticipated". The County reserves the right to suspend Contractor's services for an indefinite period of time when deemed necessary by the County. If the suspension is anticipated, County may give Contractor written notice via electronic mail within seven (7) days of any event or circumstance that is reasonably likely to result in Suspension of Services, and the anticipated duration of such Suspension of Services. The County will not pay additional cost as a result of Suspension of Services. If the duration of the suspension of Contractor's services extends past seven (7) calendar days, the Contractor compensation will also be suspended. AGREEMENT Page 18 of 49 46. PARAGRAPH HEADINGS Paragraph headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such paragraph headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 47. COMMON CARRIER RESPONSIBILITIES If Contractor is a common carrier, as defined by Section 908.111,Florida Statutes,then Contractor hereby may not willfully provide any service during the Contract term in furtherance of transporting a person into this state knowing that the person is an Unauthorized Alien, except to facilitate the detention, removal, or departure of the person from this state or the United States. 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. 48. INCORPORATION OF RFP DOCUMENTS The terms and conditions of the RFP documents are incorporated by reference in this contract agreement. 49. 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. 50. FEDERAL CONTRACT REQUIREMENTS The Contractor and its sub-contractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix 11 to Part 200, as amended, including but not limited to: 50.1 Clean Air Act (42 U.S.C. W401-7671g.) and the Federal Water Pollution Control Act (33 U.S.C. §§1251-1387,as amended). 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 AGREEMENT Page 19 of 49 Office. 50.2 Davis-Bacon Act, as amended (40 U.S.C. W141-3148). 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 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, which is attached hereto as Exhibit `B" to this Agreement 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. i) Contractor. The Contractor shall comply with 18 U.S.C. §874, 40 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. ii) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as 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. iii) 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 (7) AGREEMENT Page 20 of 49 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. 50.3 Contract Work Hours and Safety Standards Act. Where 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 forty (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 forty (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 (40) 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. In the event of any violation of the clause set forth in paragraph 29 C.F.R. §5.5(b)(1),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 29 C.F.R. 5.5(b)(1), 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 (40) hours without payment of the overtime wages required by the clause set forth in paragraph 29 C.F.R. §5.5 (b)(1) of. (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 29 C.F.R. 5.5 (b)(2). (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph 29 C.F.R. 5.5 (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 paragraphs 29 C.F.R. 5.5 (1)through(4). AGREEMENT Page 21 of 49 50.4 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 CFR 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. 50.5 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 governmentwide 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 CFR part 1986 Comp., p. 189) and 12689 (3 CFR 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 www.sam.gov. 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 C.F.R. §180.905)are excluded(defined at 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, 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. 50.6 Byrd Anti-Lobbying Amendment(31 U.S.C. 0352). 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" to this Agreement and made a part hereof, must be signed and submitted by the Contractor to the County. 50.7 Compliance with Procurement of Recovered Materials as set forth in 2 C.F.R. §200.323. 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. AGREEMENT Page 22 of 49 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. Other Federal and/or FEMA Requirements (as applicable): 50.8 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. 50.9 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. 50.10 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; and (3) Submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 50.11 Department of Homeland Security (DHS) Seal, Logo, and Flags. The Contractor shall not use the DHS seal(s), logos, crests, or reproduction of flags or likenesses of DHS agency officials AGREEMENT Page 23 of 49 without specific FEMA pre-approval. The Contractor shall include this provision in any subcontracts. 50.12 Compliance with Federal Law, Regulations, and Executive Order. 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. 50.13 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 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. A Minority Owned Business Declaration form is attached hereto as Exhibit"D" and made a part hereof, if applicable. 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: i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; iii. 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; iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; V. Using services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. vi. Requiring the Prime contractor, if subcontractors are to be let, to take affirmative steps listed in paragraph (i.)through(v.) of this section. 50.14 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. AGREEMENT Page 24 of 49 50.15 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 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. 50.16 Domestic Preference for Procurements as set forth in 2 C.F.R. §200.322. The County and Contractor should, to the greatest 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. 50.17 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. 50.18 Program Fraud and False or Fraudulent Statements or Related Acts. 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. 50.19 Energy Efficiency. If applicable, Contractor will comply with the Energy Policy and Conservation Act P.L. 94-163; 42 U.S.C. §§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. AGREEMENT Page 25 of 49 50.20 Construction Debris and Materials. The Contractor shall load, haul, and properly dispose of all construction debris and materials. Disposal tickets shall be submitted to the County Project Manager for submission to FEMA. If not included on the disposal ticket,the Contractor must also provide the name of the Deposit site,the ID Number of deposit site, and Permits relating to deposit location. If any type of fill is used, the Contractor must provide the name, address, and permit information for the source(s) of the fill material utilized. The Contractor must also note if the fill was obtained from a commercial source, regularly maintained stockpile, or borrow pit. If borrow pits or stockpiles were utilized, verification must be provided that they were not expanded horizontally into undisturbed areas. Due to the ground disturbance, the Contractor shall provide the County with the length, width, and depth of the area that is dug up. If the area is a circle, then the diameter and depth of the hole shall be provided. The County must also be notified if the hole is outside of the existing footprint, whether there was any vegetation removal and, if so, how it was placed back. Final payment is contingent upon compliance with these provisions. 51. The Contractor is bound by any terms and conditions of any applicable Federally-Funded Subaward and Grant Agreement between County and the Florida Division of Emergency Management(Division). 52. The Contractor is bound by all applicable local, County, State, and Federal laws and regulations. 53. 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. 54. 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. 55. 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. 56. 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] AGREEMENT Page 26 of 49 IN WITNESS WHEREOF,each party has caused this Agreement to be executed by a duly authorized representative. Pti COUNTY: , ,c:�, -,..: BOARD OF COUNTY COMMISSIONERS ,��.. ., �.:��.�� : �� c- ��1 �, VIN MADOK,:CLERK OF MONROE COUNTY, FLORIDA `..I''';;:''„,,tea;.�.��y w,�I'� r ,�' . 4'",l:1_:,.t.56*,,"."11...1,,x,1 ,, -,!-. s, ( t i'yap J _'�' Olii. ,0,.,-,,,,,,-p,\,,,'\ .. ... 'fi r Ap„ (/../i/. 1/10,--- :,, .-. 444L::..3:1✓ e u C 1 . - ,. , . ' ..�, p Y er B -.---- ' 40 ' . . L ,-- Mayor/ hairman Date: : . .. Witnesses for CONTRACTOR: • • CONTRACTOR: . . BRIGHTVIEW• HTVIEW LANDSCAPE SERVICES, INC. 7-.),Z -1 /7 %?(A )_,,g,of -7*Z7/9-frt,6- . . Signature � of person • to Signature legally bind Corporation Date: 8-13-2024 Charles Gonzalez : 8-13-2024 Darren McDonough SVP Print Name Date Print Name Title Address:4155 4155 E Mowry Drive . . � Signature • .Homestead FL 33033 305 258 8011 Yanjanie Ballesteros 8-13-2024 Telephone Number c:-.:, P Name Date c z. C.... , L:.. .1� ONFI,(��GO1.��1 Fes'`ATTORNEY pAS c:i g AM7.,,,, -- P.ATR1CIA L . LAJI 1 {~� : �e S1STANT 8/ � % 024 ATTORNEY _.. . _ _ AGREEMENT g f4 Page 9 EXHIBIT "A" SCOPE OF WORK EXHIBIT A Page 28 of 49 EXHIBIT "A" SCOPE OF WORK A. SPECIFICATIONS: The County is seeking vendor services to maintain the grounds of the Plantation Key Courthouse Complex and the Murray E. Nelson Government Center in accordance with the following: 1. Contractor shall perform all routine gardening, landscape, mowing, and horticulture work necessary to properly maintain the grounds of the Plantation Key Courthouse Complex and Murray E. Nelson Government Center. 2. Contractor shall provide a qualified and competent workforce sufficient to perform and complete work required under this Agreement. All employees of Contractor must be authorized for work within the United States of America. Included in this workforce shall be a thoroughly skilled and competent Supervisor who shall be directly responsible for ensuring that this Agreement is complied with at all times. Workforce will include a working Foreman, who will be responsible for checking with a County representative each day before commencing work. Workforce must be trained in landscape maintenance including, but not limited to, plant identification, proper pruning and mowing practices, and irrigation management. 3. Contractor must have verifiable experience in providing landscape maintenance. At time of bid, Contractor is to provide the County a list of references which includes a brief description of their experience and responsibilities with each listed reference. Contractor to provide Resume of the Supervisor and Foreman to be assigned to the County's property, showing experience in landscape maintenance. 4. Contractor will perform work with a minimum of twice weekly service with as many days, hours, and personnel required to successfully complete the Scope of Work herein leaving the entire grounds well-groomed at all times. 5. Contractor will immediately report any damage to the County's property by Contractor and shall be responsible for the repair, replacement, or restitution at its own cost, of any damage caused in whole or in part by its neglect or incompetence. 6. Contractor will clean and clear all common areas each scheduled workday and remove all visible foreign matter and debris - such as glass,plastic bottles,paper, etc. 7. Contractor will remove on each scheduled workday all green waste debris - such as weeds, prunings, grass clippings etc. - from the premises. Any green waste which is too accumulative or large to be hauled off site by Contractor, shall be left in an area designated by the County with such debris to be removed by the County at the County's expense. EXHIBIT A Page 29 of 49 8. Contractor is responsible for providing, at its own cost, all power tools, machinery, and equipment to perform the work as herein specified. All pruning and trimming tools shall be cleaned after each use to prevent spreading of disease. 9. Contractor shall not be responsible for damage to County property from storm run- off, overflow, mechanical malfunction, or broken water lines, unless such damage would not have happened but for the neglect or incompetent acts or failure to act of Contractor or persons over whom Contractor has legal control or who are acting on Contractor's behalf. 10. Routine cleaning and maintenance of all drainage lines and catch basins will be performed by Contractor. 11. All vaults, valve boxes, and sprinklers will be neatly trimmed weekly between April and October and bi-weekly between November and March. The bases of trees, hydrants, light and power poles will be trimmed on an as-needed basis throughout the year, as directed by the County. 12. Ground covers will not be permitted to climb except as specifically directed. 13. For review of necessary work, an authorized representative of Contractor will conduct a "walk through" of grounds with a representative of the County. Contractor shall submit monthly written reports which should include, but not be limited to, the condition of the grounds,progress on projects,proposals for upgrades, etc. 14. Contractor shall mow, trim, and edge all lawn areas to maintain the lawn areas in a neat, and well-groomed manner. 15. Contractor shall fertilize all lawn areas utilizing an industry standard fertilizer to be applied at the manufacturer's recommended rate, in compliance with Monroe County fertilizer ordinances as stipulated in Chapter 12, Article 11 of the Code of Ordinances. 16. Contractor shall maintain complete weed, insect, and pest control over all lawn areas. 17. Contractor shall completely trim and edge all shrubs and shrub beds in a square cut manner as required to maintain a well-kept appearance. Hedges must be maintained with a narrower top than bottom for sunlight to reach the lower half of the plant. These hedges should be trimmed to remain within the confines of the surrounding pavement and to the height of the first course line on the buildings. 18. Contractor shall fertilize trees and shrub beds every one hundred twenty (120) days. Application rate not to exceed two (2)pounds of actual nitrogen per 1,000 square feet per year in accordance with Monroe County fertilizer ordinances as stipulated in Chapter 12, Article 11 of the Code of Ordinances. 19. Contractor shall maintain complete weed control of all shrubs and shrub beds on a regular basis and as necessary to maintain a well-kept appearance. EXHIBIT A Page 30 of 49 20. Contractor shall clean all shrub beds as necessary to maintain a well-kept appearance. 21. Contractor shall completely control insects and disease on all trees and shrubs. 22. Stakes and ties will be installed, maintained, and removed in accordance with good tree management practices. 23. Contractor will be responsible for the removal of all noxious weeds and invasive plant species, including Brazilian Pepper Trees. 24. Contractor is liable for purchase and replacement of plant material which may be lost or damaged as a result of careless or improper maintenance procedures. 25. The Contractor shall provide any Additional Services or Emergency Services as requested by the County in accordance with the terms and provisions set forth in this Agreement. B. SUPERVISION AND INSPECTION OF WORK Sufficient supervisory personnel shall be provided and systematic inspection will be conducted by the Contractor to ensure that all services are properly performed, as specified. To ensure that any problems which may arise will be taken care of promptly, a County representative will contact the Contractor to report any complaints or issues,and the Contractor shall respond to the notification by the end of the business day with a plan of action for responding to the complaint or issue. Random inspections shall be performed by County Representatives from the Facilities Maintenance Department administering the contracts. Deficiencies shall be corrected within a twenty-four(24) hour period of notification to the Contractor. Failure of the Contractor to correct such deficiencies shall result in a prorated deduction from the monthly invoice. EXHIBIT A Page 31 of 49 EXHIBIT `B" DAVIS-BACON WAGE DETERMINATION STATEMENT EXHIBIT B Page 32 of 49 8/5/24,4:35 PM SAM.gov "General Decision Number: FL2O24OO22 07/12/2024 Superseded General Decision Number: FL2O23OO22 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)(1). 1If the contract is entered 1 . Executive Order 14026 linto on or after January 30, generally applies to the 12022, or the contract is contract. renewed or extended (e.g., an The contractor must pay loption is exercised) on or all covered workers at after January 30, 2022: least $17.20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2024. 1If the contract was awarded onl . Executive Order 13658 for between January 1, 2015 andl generally applies to the January 29, 2022, and the contract. contract is not renewed or The contractor must pay alll lextended on or after January covered workers at least 130, 2022: 1 $12.90 per hour (or the applicable wage rate listed) on this wage determination, if it is higher) for all hours spent performing on that contract in 2024. The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/05/2024 1 01/12/2024 https://sam.gov/wage-determination/FL20240022/3 1/6 8/5/24,4:35 PM SAM.gov 2 03/15/2024 3 07/12/2024 ELEC0349-003 09/01/2023 Rates Fringes ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 39.81 14.62 ---------------------------------------------------------------- ENGI0487-023 07/01/2023 Rates Fringes OPERATOR: Crane All Cranes 75 Tons and below. . . . . . . . . . . . . . . . . . . . . . .$ 37.07 14.90 All Cranes Over 300 Ton, Electric Tower, Luffing Boom Cranes. . . . . . . . . . . . . . . . .$ 40.40 14.90 Cranes 130-300 Ton. . . . . . . . . .$ 39.38 14.90 Cranes 76 ton to 129 Ton. . . .$ 37.57 14.90 ---------------------------------------------------------------- IRON0272-004 10/01/2023 Rates Fringes IRONWORKER, STRUCTURAL AND REINFORCING. . . . . . . . . . . . . . . . . . . . . .$ 27.75 15.27 ---------------------------------------------------------------- PAIN0365-004 06/01/2021 Rates Fringes PAINTER: Brush Only. . . . . . . . . . . . .$ 20.21 12.38 ---------------------------------------------------------------- * SFFL0821-001 07/01/2024 Rates Fringes SPRINKLER FITTER (Fire Sprinklers). . . . . . . . . . . . . . . . . . . . . .$ 33.03 23.11 ---------------------------------------------------------------- SHEE0032-003 08/12/2023 Rates Fringes SHEETMETAL WORKER (HVAC Duct Installation). . . . . . . . . . . . . . . . . . . .$ 29.10 14.68 ---------------------------------------------------------------- * 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 https://sam.gov/wage-determination/FL20240022/3 2/6 8/5/24,4:35 PM SAM.gov 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 ($17.20) or 13658 ($12.90). Please see the Note at the top of the wage determination for more information. Please also note that the minimum wage requirements of Executive Order 14026 are not currently being enforced as to any contract or subcontract to which the states of Texas, Louisiana, or Mississippi, including their agencies, are a party. 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 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) (iii)). ---------------------------------------------------------------- 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 https://sam.gov/wage-determination/FL20240022/3 3/6 8/5/24,4:35 PM SAM.gov 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 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, 100% 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. State Adopted Rate Identifiers https://sam.gov/wage-determination/FL20240022/3 4/6 8/5/24,4:35 PM SAM.gov Classifications listed under the ""SA"" identifier indicate that the prevailing wage rate set by a state (or local) government was adopted under 29 C.F.R 01.3(g)-(h). Example: SAME2023-007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 01/03/2024 reflects the date on which the classifications and rates under the ?SA? identifier took effect under state law in the state from which the rates were adopted. ---------------------------------------------------------------- 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 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 https://sam.gov/wage-determination/FL20240022/3 5/6 8/5/24,4:35 PM SAM.gov 4.) All decisions by the Administrative Review Board are final. ---------------------------------------------------------------- ---------------------------------------------------------------- END OF GENERAL DECISION" Darren McDogh https://sam.gov/wage-determination/FL20240022/3 6/6 EXHIBIT "C" BYRD-ANTI LOBBYING CERTIFICATION EXHIBIT B Page 39 of 49 APPENDIX A, 44 C.F.R. PART 18 — Certification Regarding Lobbying (To be submitted with each bid or offer exceeding$100,000) Certification for Contracts, Grants,Loans, and Cooperative Agreements The undersigned certifies,to the best of his or her knowledge and belief,that: 1. No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract,grant,loan,or cooperative agreement. 2 If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form- LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. 3. The undersigned shall require that the language of this certificationbe included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31,U.S. Code. If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, 'Disclosure of Lobbying Activities," in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. The Contractor— certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure,if any. �a-4 � `/'� .,te Signature of Contractor's Authorized Official Darren McDonough - SVP 8-13-2024 Name and Title of Contractor's Authorized Official Date EXHIBIT C Page 40 of 49 DISCLOSURE OFLOBBYUNG ACTVITIES Approved tvy OMB Complete this formi to, d-lii s c"I'off." I""iobbying activities pursuant to 31 U.S.C. 1352 (See reverse for public IbUrdein disclosuire, ) 1. Type of Federal Action:! 2. Status of IFederall Actilon: 3. Report Type:! Llb. grant b. initial'awaird —1 a. inifial flilli�ng a. con4ract �Ll a. bidloffeirlapplicationi L �13. material change c. cooperative agreienieM c. post-award For IMaterlial Change Only: d. lb a n year q Ua Her e. Doan guaraintee date of last report f. loan frusmurance 4. Narneain,d Address of Reporting Enitity!: 5. If Reportiling Einlity !in No-4 is SUbiawairldlee, Enter Nair ❑P'riime Q Sulbawardee and Address of Prilme: Tiler if kn.o..VVU..-. .......................................... Congressional District, if ki.l.g.m. Congressionall District, if ko. w.p. ........... 6. Federal DepartinentlAgiency: T Feiderall Program Namieffiescriiptioin: CFDA INmrrrmlber, if a P IF eide ra I Aleti'loin N ui m bleir, if kn.awn.; Award Amount, ifkn.o..wrt .......................... ......................... 10. a., Name andl Address of LobhYiin, IRegistralnit b. Individuals Performing Services (0cluding address if (if mdwiduaV, last name, first name, different From No. l0q) ........... (last name, first mare, Mf): 11. ffirmuqfi )hfim Signature: 13K 7hfi7 ufi cbvjre af Lbbvinq wlki � lw a rm vral represuflabuncA 1-ju upmn vAkh iefiarr,.!vav�p1mrd by ff'k-!firr Axwe mher:IMstmmmclhwv?n nuvk �Pirint Name: , Mjjb,jrFj i1jr,, lhfi� dindunkre k re4piimd wwwouf"A"' 21 1352 lhk inhimaknAOLM! for pubfic in""pecriarr Any peman PA'm 0,�ho,jg Me thp iequired dkk�,hM �hal lw TRIlem A ixfl arho curare ffian:51000DO for rich %xil:fillure Telelphoine,No.: Date: Federal Use Only: A u t 1 1 o r i z e d fair r L o c a I I R e p r o d i j c 1"1 0 : 7)Standard Form L.LL 9 t(Rev.7- 1 EXHIBIT C Page 42 of 49 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 a covered Federal action,or a material change to a previous filing,pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,an officer or employ ee of Congress,or an employee of a Member of Congress in connection with a covered Federal action. 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 reportby 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 1 st tier. Subawards include but are not limited to subcontracts,subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks"Subawardee,"then enter the full name,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 organizational 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 identified in item 1 (e.g., Request for Proposal(RFP) number; Invitation for Bid (IFB) number; grant announcement 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 commitment 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 registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence 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. The certifying official shall sign and date the form,print his/her name,title,and telephone number. According to the Paperwork Reduction Act,as amended,no persons are required to respond to a collection of information unless it displays a valid OMB Control Number.The valid OMB control number for this information collection is OMB No.0348-0046.Public reporting burden for this collection of information is estimated to average 10 minutes per response,including time for reviewing instructions,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,DC 20503. EXHIBIT C Page 43 of 49 EXHIBIT "D" MINORITY OWNED BUSINESS DECLARATION ADDITIONAL COUNTY FORMS Page 44 of 49 N MINORITY OWNED BUSINESS DECLARATION BrightView Landscape Services, Inc. asub-contractor engaged by Monroe County during the completion of work associated with the below indicated project (Check one) is a minority business enterprise, as defined in Section 288.703, Florida Statutes or � / y is not a minority business enterprise, as defined in Section 288.703, Florida Statutes. F.S.288.703(3) "Minority business enterprise"means any small business concern as defined in subsection (6)(see below) which is organized to engage in commercial transactions, which is domiciled in Florida, and which is atleast 51-percent-owned by minority persons who are members of an insular group that is of a particular racial, ethnic, or gender makeup or national origin, which has been subjected historically to disparate treatment due to identification in and with that group resulting in an underrepresentation of commercial enterprises under the group's control, and whose management and daily operations are controlled by such persons. A minority business enterprise may primarily involve the practice of a profession. Ownership by a minority person does not include ownership which is the result of a transfer from a nonminority person to a minority person within a related immediate family group if the combined total net asset value of all members of such family group exceeds $1 million. For purposes of this subsection, the term "related immediate family group" means one or more children under 16 years of age and a parent of such children or the spouse of such parent residing in the same house or living unit. F.T 288.703(6) "Small business" means an independently owned and operated business concern that employs 200 or fewer permanent full-time employees and that, together with its affiliates,has a net worth of not more than $5 million or any firm based in this state which has a Small Business Administration 8(a) certification.As applicable to sole proprietorships,the $5 million net worth requirement shall include both personal and business investments. Contractor may refer to F.S. 288.703 for more information. Contractor BrightView Landscape Services, Inc.a Sub-Recipient: Monroe County Z/-IaA 4_lfl Signature Darren McDonough Signature Print Name: Printed Name: Title: Sr Vice President Title/OMB Department: Verified via: https://osd.dms.myflorida.com/directories Address: 4155 E Mowry Drive Date: City/State/Zip Homestead FI. 33033 DEM Contract: Date:8-16-2023 FEMA Project Number: ADDITIONAL COUNTY FORMS Page 45 of 49 ADDITIONAL COUNTY FORMS ADDITIONAL COUNTY FORMS Page 46 of 49 FOREIGN ENTITIES AFFIDAVIT F.S. 287.138 1, Darren McDonough of the city of Miami FI.33176 according to law on my oath, and Linder penalty of perjury,depose and say that: a. I am Sr Vice President of the firm of BrightView Landscape Services, Inc. (`Entity"), the bidder making the Proposal for the project described in the Request for Proposals for Upper Keys Landscaping Services for Plantation Key&Murray E Nelson and that I executed the said proposal with full authority to do so; b. The Entity is not owned by the government of a foreign country of concern as defined in Section 287.138,Florida Statutes. (Source: § 287.138(2)(a),Florida Statutes); C. The government of a foreign country of concern does not have a controlling interest in Entity. (Source: § 287.138(2)(b),Florida Statutes)-, d. Entity is not owned or controlled by the government of a foreign country of concern, as defined in Section 692.201,Florida Statutes. (Source: § 288.007(2),Florida Statutes)-, e. Entity is not a partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country of concern, as defined in Section 692.201, Florida Statutes, or a subsidiary of such entity. (Source: § 288.007(2), Florida Statutes)-, f. Entity is not a foreign principal, as defined in Section 692.201, Florida Statutes. (Source: § 692.202(5)(a)(1),Florida Statutes)-, g. Entity is in compliance with all applicable requirements of Sections 692.202, 692.203, and 692.204, Florida Statutes. It. (Only applicable if purchasing real property) Entity is not a foreign principal prohibited from purchasing the subject real property. Entity is either (a) not a person or entity described in Section 692.204(1)(a), Florida Statutes, or (b) authorized under Section 692.204(2), Florida Statutes, to purchase the subject property. Entity is in compliance with the requirements of Section 692.204, Florida Statutes. (Source: §§ 692.203(6)(a),692.204(6)(a),Florida Statutes) i. The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. (Signature) Florida Date: 8-13-2024 STATE OF: Miami-Dade COUNTY OF: Subscribed and sworn to(or affirmed)before me,by means of 0 physical presence or❑online notarization,on 8-13-24 (date)by Darren McDonough (name of affiant). He/She is personally known to me or has produced Personally known to me Darren McDoough (type of identification) as identification. NOTARY PUBLIC My Commission Expires: aa ,�pYMYYiYY Y,r Ekf RO,Fobnwyr 2,=7 ADDITIONAL COUNTY FORMS Page 47 of 49 COMMON CARRIER RESPONSIBILITIES AFFIDAVIT F.S. 908.111 I Darren McDonough , of the City of Miami Fi. 33176 according to law on my oath, and under penalty of perjury, depose and say that: If Contractor is a common carrier, as defined by Section 908.111, Florida Statutes, then Contractor hereby certifies that it is not willfully providing and will not willfully provide any service during the Contract term in furtherance of transporting a person into this state knowing that the person is an Unauthorized Alien, except to facilitate the detention, removal, or departure of the person from this state or the United States. (Signature) Darren McDonough Printed Name Date: 8-13-2024 STATE OF: Florida COUNTY OF: Miami-Dade Subscribed and sworn to (or affirmed)before me, by means of/physical presence or ❑ online notarization, on 8-13-2024 (date)by Darren McDonough (name of affiant). He/She is personally known to me or has produced Personally known to me (type of identification) as identification. NOTARY PUBLIC My Commission Expires: aa ,pYMYY.Y. Y,r Ekf RO,Fobnmyr 2,=7 ADDITIONAL COUNTY FORMS Page 48 of 49 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES Entity/Vendor Name: BrightView Landscape Services, Inc. Vendor FEIN: 95-4194223 Vendor's Authorized Representative: Darren McDonough -SVP (Name and Title) Address: 4155 E Mowry Drive City: Homestead State: FL Zip: 33033 Phone Number: 305 258 8011 Email Address: darren.mcdonough@brightview.com As a nongovernmental entity executing, renewing, or extending a contract with a government entity, Vendor is required to provide an affidavit under penalty of perjury attesting that Vendor does not use coercion for labor or services in accordance with Section 787.06, Florida Statutes. As defined in Section 787.06(2)(a), coercion means: 1. Using or threating to use physical force against any person; 2. Restraining, isolating, or confining or threating to restrain, isolate, or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or service are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; 5. Causing or threating to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule II of Section 893.03 to any person for the purpose of exploitation of that person. As a person authorized to sign on behalf of Vendor, I certify under penalties of perjury that Vendor does not use coercion for labor or services in accordance with Section 787.06. Additionally, Vendor has reviewed Section 787.06, Florida Statutes, and agrees to abide by same. Darren McDonough. Certified By: , who is authorized to sign on behalf of the above referenced company. Authorized Signature: Print Name: Darren McDonough Title: SVP ADDITIONAL COUNTY FORMS Page 49 of 49 COUNTY FORMS AFFIDAVIT PROJECT: UPPER KEYS LANDSCAPING SERVICES FOR PLANTATION KEY COURTHOUSE COMPLEX AND MURRAY E. NELSON GOVERNMENT CENTER CONTRACTOR/CONSULTANT: BrightView Landscape Services, Inc. By signing this Affidavit, CONTRACTOR/CONSULTANT has sworn or affirmed to the following requirements as set forth in the Public Entity Crime Statement, Ethics Clause, Drug- Free Workplace Statement,Vendor Certification Regarding Scrutinized Companies List,and Non- Collusion Affidavit as set forth below. Public Entity Crime Statement The CONTRACTOR/CONSULTANT certifies and agrees that CONTRACTOR/CONSULTANT nor any Affiliate has been placed on the convicted vendor list within the last 36 months. In accordance with Section 287.134, Florida Statutes,an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid, proposal, or reply on a contract to provide 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,proposals, or replies 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. 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 contracts 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, proposals, or replies 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 of the Florida Statutes,for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By executing this Affidavit,CONTRACTOR/CONSULTANT represents that the execution of this Affidavit will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of the Agreement and recovery of all monies paid hereto and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONTRACTOR/CONSULTANT further represents that there has been no determination,based on an audit,that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONTRACTOR/CONSULTANT has been placed on the convicted vendor list. Page 26 of 81 CONTRACTORICONSULTANT will promptly notify the COUNTY if it or any subcontractor is formally charged with an act defined as a"public entity crime"or has been placed on the convicted vendor list. Ethics Clause By signing this Affidavit, the CONTRACTOR/CONSULTANT 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. 0 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion,deduct from the Agreement or purchase price, or otherwise recover,the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. Drug-Free Workplace CONTRACTOR/CONSULTANT in accordance with Florida Statute, Sec. 287.087, hereby certifies that CONTRACTOR/CONSULTANT shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution„ dispensing,possession,or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs,and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (l). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to,any violation of Chapter 893 (Florida Statutes)or of any controlled substance law of the United States or any state,for a violation occurring in the workplace no later than five(5)days after such conviction. 5. Impose a sanction on,or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community,or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. The person authorized to sign this Affidavit certifies that CONTRACTOR/CONSULTANT complies fully with the above requirements. Vendor Certification Regarding Scrutinized Companies Lists CONTRACTOR/CONSULTANT agrees and certifies compliance with the following: Section 287.135,Florida Statutes prohibits a company from bidding on,submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of Page 27 of 81 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 CONTRACTOR/CONSULTANT, I hereby certify that the company identified above as "CONTRACTOR/CONSULTANT" 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 Companies 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. Note: The List are available at the following Department of Management Services Site: $ ... 10t i e s 't't c n&/-V n , r !rtfp tiq¢�l ot� r ct a pded discriminator complaints vendor lists Non-Collusion Affidavit CONTRACTOR/CONSULTANT by signing this Affidavit, according to law on my oath, and under penalty of perjury, depose and say that the person signing on behalf of the firm of CONTRACTOR/CONSULTANT,the bidder making the Proposal for the project described in the Scope of Work, and that I executed the said proposal with full authority to do so;the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; unless otherwise required by law,the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening,directly or indirectly, to any other bidder or to any competitor;and no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. SIGNATURES ON NEXT PAGE Page 28 of 81 UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING AFFIDAVIT OF COMPLIANCE AND THAT THE FACTS STATED IN IT ARE TRUE. 7-1-2024 (Signature of Authorized Representative (Date) of Contractor/Consultant) Print Name: Charles Gonzalez STATE OF Florida ------------- COUNTY OF Miami-Dade ...................................................................................................... The foregoing instrument was sworn to (or affirmed)and subscribed before me by means of[x] physical presence or [ ] online notarization this 1st day of July 20 24 by Charles Gonzalez Signature of Notary Public-State of Florida Yanjanie Ballesteros ,,,,'a/' ,, .,.",,,. ....,,,,,,�uw,., Name of Notary My commission expires: . Personally Known" x OR Produced Identification Type of Identification Produced • 11YCWNIIs>I M91#19421Q6 YNI�AlNE BALI,E$YEROS ExPt1tP>M $2W Page 29 of 81 CERTIFICATE OF RESOLUTION BrightView Maintenance Companies I,Jonathan Gottsegen, Secretary of BrightView Landscapes,LLC, a Delaware limited liability company(the "Company"),do hereby certify that as of the date hereof, the following resolutions have been adopted by the unanimous approval of the Board of Directors of the Company and the Board of Directors of the Company's maintenance subsidiaries listed on Exhibit A (the Company and such subsidiaries are sometimes referred to herein as the "Companies"), in accordance with the governing documents of the Companies and that said approvals have not been rescinded, amended or modified: Authorization to Execute Documents: RESOLVED, that those individuals listed on Exhibit B hereto are hereby elected and authorized to serve in the offices and for such companies that are indicated therein until their respective successors are elected and qualified or until their earlier resignation,removal or death; FURTHER RESOLVED, that the Board of Directors have authorized and they do hereby authorize those individuals listed on Exhibit C hereto, or any of them to execute and deliver in the name of and for and on behalf of the Companies, subject to the limitations set forth in the Signatory Authority Policy set forth on Exhibit D hereto, any and all bids, addenda, consulting agreements, applications,permits, certificates and contracts,including but not limited to maintenance agreements,non-disclosure agreements, subcontractor agreements, certifications and the renewals and amendments thereof, FURTHER RESOLVED,that the Secretary or Assistant Secretary of the Company is hereby authorized and directed to execute a Certificate of Resolution certifying to the passage of these resolutions; FURTHER RESOLVED, that the Secretary or Assistant Secretary of the Company is hereby further authorized to amend Exhibit C hereto from time to time if he or she determines such amendment is necessary to reflect changes in employment status and/or title of the Company's employees; FURTHER RESOLVED, that any and all persons, firms, corporations and other entities, including, without limiting effect,public entities, shall be entitled to rely on the authority of any one of the foregoing persons to bind the Companies by the execution and the delivery of any such bids, addenda, consulting agreements, applications, permits, certificates and contracts, including but not limited to maintenance agreements, nondisclosure agreements, subcontractor agreements, certifications and the renewals and amendments thereof, FURTHER RESOLVED, that the authority herein contained shall remain in effect until the persons, firm, corporation or other entity relying upon the authority herein contained receive written notice to the contrary and that all previous authorizations heretofore given with respect to the matters herein contained are revoked; provided,however,that this revocation shall not affect the validity of any instrument hereinabove referred to that was executed by any person or persons who at the time of such execution was duly authorized to act. FURTHER RESOLVED, if due to an emergency situation and the Company's Business Continuity Plan (BCP) is activated by an officers of BrightView Holdings, Inc. all of the Signature Authorities named in Exhibit C hereto shall have the immediate authority and ability to execute and deliver in the name of and for and on behalf of the Companies, without further action needed to be taken by an officers of the Companies and notwithstanding the limitations set forth in the Signatory Authority Policy set forth on Exhibit D hereto, any and all bids, addenda, consulting agreements, applications,permits, certificates and contracts,including but not limited to maintenance agreements, non-disclosure agreements, subcontractor agreements, certifications and the renewals and amendments thereof. Once there is no longer an emergency agreements, certifications and the renewals and amendments thereof. Once there is no longer an emergency situation and the BCP is deactivated,the limitations in the Signatory Authority Policy set forth on Exhibit D shall once again apply. IN WITNESS WHEREOF,the undersigned has executed this Certificate of Resolution on this 151h day of April, 2019. Jonathan Gottsegen Exhibit A—Subsidiaries BrightView Landscapes, LLC BrightView Landscape Services, Inc.—CA BrightView Landscape Services, Inc.—AZ BrightView Landscape Services, Inc.—CO BrightView Landscape Services, Inc.—FL BrightView Landscape Services,Inc.—GA BrightView Landscape Services,Inc.—NV BrightView Landscape Services, Inc.—TX BrightView Landscape Services ULC BrightView Tree Care Services, Inc. BrightView Golf Maintenance, Inc. *Elected Officers Only Exhibit B—Officers BrightView Landscapes,LLC(formerly known as Brickman Group Ltd.LLC) Directors: Dale Asplund Jonathan Gottsegen Qf Licers: Dale Asplund President and Chief Executive Officer Jonathan Gottsegen Secretary; Executive Vice President and Chief Legal Officer Brett Urban Executive Vice President and Chief Financial Officer Michael Dozier President,Evergreen Anthony Riegel Treasurer Brian Jackson Assistant Treasurer Robert Tyler Assistant Treasurer Amanda Heffner Assistant Treasurer Brian Bruce Executive Vice President and Chief Information Officer Susan DeSantis Assistant Secretary Tomas Kuehn Assistant Secretary BriehtView Landscape Services,Inc.(formerly known as ValleyCrest Landscape Maintenance, Inc.)—CA Directors: Dale Asplund Michael Dozier O acers: Michael Dozier Chief Executive Officer and President Robert Tyler Treasurer Jonathan Gottsegen Secretary Tomas Kuehn Assistant Secretary Susan DeSantis Assistant Secretary Anthony Riegel Assistant Treasurer Brian Jackson Assistant Treasurer Amanda Heffner Assistant Treasurer Todd Chesnut Senior Vice President BrightView Landscape Services,Inc.(formerly known as ValleyCrest Landscape Maintenance, Inc.)—AZ Directors: Dale Asplund Michael Dozier Officers: Michael Dozier Chief Executive Officer and President Robert Tyler Treasurer Jonathan Gottsegen Secretary Tomas Kuehn Assistant Secretary Susan DeSantis Assistant Secretary Anthony Riegel Assistant Treasurer Brian Jackson Assistant Treasurer Amanda Heffner Assistant Treasurer BrightView Landscape Services,Inc.(formerly known as ValleyCrest Landscape Maintenance,Inc.)—CO Directors: Dale Asplund Michael Dozier Officers: Michael Dozier Chief Executive Officer and President Robert Tyler Treasurer Jonathan Gottsegen Secretary Tomas Kuehn Assistant Secretary Susan DeSantis Assistant Secretary Anthony Riegel Assistant Treasurer Brian Jackson Assistant Treasurer Amanda Heffner Assistant Treasurer BrightView Landscape Services,Inc.(formerly known as ValleyCrest Landscape Maintenance,Inc.)—FL Directors: Dale Asplund Michael Dozier Officers: Michael Dozier Chief Executive Officer and President Robert Tyler Treasurer Jonathan Gottsegen Secretary Tomas Kuehn Assistant Secretary Susan DeSantis Assistant Secretary Anthony Riegel Assistant Treasurer Brian Jackson Assistant Treasurer Amanda Heffner Assistant Treasurer BrightView Landscape Services,Inc.(formerly known as ValleyCrest Landscape Maintenance,Inc.)— GA Directors: Dale Asplund Michael Dozier Officers: Michael Dozier Chief Executive Officer and President Robert Tyler Treasurer Jonathan Gottsegen Secretary Tomas Kuehn Assistant Secretary Susan DeSantis Assistant Secretary Anthony Riegel Assistant Treasurer Brian Jackson Assistant Treasurer Amanda Heffner Assistant Treasurer BrightView Landscape Services,Inc.(formerly known as ValleyCrest Landscape Maintenance, Inc.)—NV Directors: Dale Asplund Michael Dozier Officers: Michael Dozier Chief Executive Officer and President Robert Tyler Treasurer Jonathan Gottsegen Secretary Tomas Kuehn Assistant Secretary Susan DeSantis Assistant Secretary Anthony Riegel Assistant Treasurer Brian Jackson Assistant Treasurer Amanda Heffner Assistant Treasurer BrightView Landscape Services,Inc.(formerly known as ValleyCrest Landscape Maintenance,Inc.) —TX Directors: Dale Asplund Michael Dozier Officers: Michael Dozier Chief Executive Officer and President Robert Tyler Treasurer Jonathan Gottsegen Secretary Tomas Kuehn Assistant Secretary Susan DeSantis Assistant Secretary Anthony Riegel Assistant Treasurer Brian Jackson Assistant Treasurer Amanda Heffner Assistant Treasurer BrightView Golf Maintenance,Inc.(formerly known as ValleyCrest Golf Course Maintenance,Inc. Directors: Brett Urban Michael Dozier O acers: Michael Dozier Chief Operating Officer and President Robert Tyler Chief Financial Officer and Assistant Treasurer Jonathan Gottsegen Secretary Tomas Kuehn Assistant Secretary Susan DeSantis Assistant Secretary B.Todd Bunnell Vice President Terrance McGuire Vice President Vincent Gilmartin Vice President Anthony Riegel Assistant Treasurer Brian Jackson Assistant Treasurer Amanda Heffner Assistant Treasurer BriehtView Tree Care Services,Inc.(formerly known as ValleyCrest Tree Care Services,Inc.) Directors: Michael Dozier Brett Urban Officers: Michael Dozier Chief Executive Officer and President Robert Tyler Chief Financial Officer and Assistant Treasurer Jonathan Gottsegen Secretary Anthony Riegel Assistant Treasurer Brian Jackson Assistant Treasurer Amanda Heffner Assistant Treasurer Tomas Kuehn Assistant Secretary Susan DeSantis Assistant Secretary Exhibit C—Sianatory Authority (Last updated 4.11.2024) Individual Title Michael Dozier COO Michael Kinnard Sr. Vice President, Finance & CFO BrightView Landscape Services Murray Cook President, Sports Turf Andrew Hart VPF, Divisional Finance Darren Mcdonough SVP, Evergreen East Enrico Marogna SVP, Central (BVG VP, Operations) Greg Lewandowski SVP, Mid-Atlantic Jessica Durbin SVP, Rocky Mountains Judd Strohmeyer SVP, Midwest Ray Nobile SVP,Northeast Todd Chestnut SVP, Southeast Will Pereira SVP, Mountain Region (BVG Group VP, Mountain) Rene Rivera Group Vice President, Southwest Trevor Frey Director, Risk Management Cari Brito Regional Finance Manager, Florida South Christopher Wright Regional Finance Manager, Midwest Melynda Rudolff Regional Finance Manager,Northern California plus any Hawaii based maintenance agreements and associated documentation with an annual value < $1,500,000.00 (the "Documents"), for BrightView Landscapes, LLC dba Performance Landscapes per signed Delegation of Authority Form. Peter Hafer Regional Finance Manager,Northeast Shawna Skouby Regional Finance Manager, Southeast Yulia Stepanets Regional Finance Manager, Texas Ben Strickland VPGM, Texas Brandon Steene VPGM,Northern CA plus authority to sign any maintenance agreements and associated documentation for the Bay Area, CA with annual value s<$1,000,000.00 per signed Delegation of Authority Form. Charles Gonzalez VPGM, Florida South Chris Greene VPGM, Mid-Atlantic David Howell VPGM, Southwest David Palmer VPGM,Northeast David Sharp VPGM, Midwest Doug Reedy VPGM,Northeast Fairlight Beard VPGM, California John Berg VPGM, Southwest Justin Hatchett VPGM, Mid-Atlantic Kevin Kenney VPGM, Mid-Atlantic Luis Caballero VPGM, Southwest Matt Bevill VPGM,Northwest Matthew Maierhofer VPGM, Midwest Paul McGrath VPGM, Southeast Rikard Beaton VPGM, Florida Samuel Ventimiglia VPGM, Midwest Scott Sikora VPGM, Florida Central Scott Smith VPGM, Southeast Steve Brackin VPGM, Southeast Terry McGuire VPGM, Southeast Golf Todd Thompson VPGM, Mid-Atlantic Chad Olsen GM, Sports Turf Gerrard Hill GM, EGW Tree Senior Branch Manger Per Title with the following exceptions: Michael Soares VPGM Signature Authority for Emerald Per Level per signed Delegation of Authority Form Branch Manger Per Title with the following exceptions: Kenneth Kope SVP Signature Authority for Syringa Branch-Evergreen West Division Per Level per signed Delegation of Authority Form Christian Talbot Authority for Recurring Landscape Services <$100,000.00 annually per signed Delegation of Authority Form ADDITIONAL E CEPTI(3NS PER DELEGATION FORM Matt Braun Director of Operations. Assistant Secretary for BrightView Landscape Services, Inc., a Florida Corporation per signed Delegation of Authority Form Exhibit D- Signatory Authority Policy Excludine FI, Southeast, and Southwest Authority to execute service contracts for the Company is granted to a limited group of officers("Authorized Signer"). Such signature authority is not a matter of preference or informal policy; rather, it is a directive set by the Company's Board of Directors. The Signature Authority outlined below applies to each Landscape Services entity and is in addition to the review and approval requirements set forth in BrightView's Contract Policy&Procedure Guidelines. MAINTENANCE SIGNATURE AUTHORITY ONLY AUTHORIZED SIGNERS SHALL SIGN A CONTRACT ON BEHALF OF THE COMPANY. IF THE OFFICER'S TITLE DOES NOT APPEAR IN THE TABLE BELOW AND YOUR NAME DOES NOT APPEAR ON A CERTIFICATE OF RESOLUTION SUCH PERSON IS N O T A N A U T H O R I Z E D S I G N E R A N D DO NOT HAVE AUTHORITY TO SIGN A CONTRACT ON BEHALF OF THE COMPANY. IF AN EMPLOYEE EXECUTES A CONTRACT WITHOUT BEING AN AUTHORIZED SIGNER, THE EMPLOYEE IS SUBJECT TO DISCIPLINE BY BRIGHTVIEW, UP TO AND INCLUDING TERMINATION OF EMPLOYMENT. AUTHORIZED SIGNER* MAINTENANCE SERVICE CONTRACTS CFO for Maintenance Services;COO and 0 Any BV Landscape Services contracts and Service Provider agreements.All VP,Divisional Finance National Account Masters and Cross Divisional Agreements. All BV Landscape Services contracts and Service Provider agreements with SVP an annual value<_$1.5M in the Division;Group or Region(s);for which they have responsibility Group VP; and Regional Finance Manager 0 All BV Landscape Services contracts and Service Provider agreements with an annual value <_$11M in the Division; Group or Region(s); for which they have responsibility VPGM* 0 Any Services contracts(excluding fixed fee snow)and Service Provider agreements third-party paper with an annual value<_$250K in the Market(s)for which they have responsibility. Any Landscape Services contract(excluding fixed fee snow)and Service Provider agreements that are on a ire-approved BrightView template with no changes and an annual value<_$350K for the Market(s) for which they have responsibility. Any Landscape Services contract(excluding fixed fee snow)and Service Provider agreements that are on a ire-approved BrightView template with changes and an annual value<_$2501(for the Market(s)for which they have responsibility. 1-9 certifications for the market for which they have responsibility Sr. BM &BM 0 Non-recurring enhancement or tree service<_$1001(for the Branch(es)for which they have responsibility. Any internal contract issued from a BV entity to a BV Branch(es) (i.e., BES to BVL, LLC; BVLD to BVLS, Inc.,etc.) Lien releases and lien waivers Elected Officers 0 Any BrightView Document for the Maintenance Entity for which they are elected. Does not include National Account Masters +VPGM signatories may sign in place of a BM signatory only for the market for which they have responsibility. Exhibit D1 - Signatory Authority Policy FI, Southeast, and Southwest Only Authority to execute service contracts for the Company is granted to a limited group of officers("Authorized Signer"). Such signature authority is not a matter of preference or informal policy;rather,it is a directive set by the Company's Board of Directors. The Signature Authority outlined below applies to each Landscape Services entity and is in addition to the review and approval requirements set forth in BrightView's Contract Policy&Procedure Guidelines. MAINTENCE SIGNATURE AUTHORITY ONLY AUTHORIZED SIGNERS SHALL SIGN A CONTRACT ON BEHALF OF THE COMPANY. IF THE OFFICER'S TITLE DOES NOT APPEAR IN THE TABLE BELOW AND YOUR NAME DOES NOT APPEAR ON A CERTIFICATE OF RESOLUTION SUCH PERSON IS N O T A N A U T H O R I Z E D S I G N E R A N D DO NOT HAVE AUTHORITY TO SIGN A CONTRACT ON BEHALF OF THE COMPANY. IF AN EMPLOYEE EXECUTES A CONTRACT WITHOUT BEING AN AUTHORIZED SIGNER, THE EMPLOYEE IS SUBJECT TO DISCIPLINE BY BRIGHTVIEW,UP TO AND INCLUDING TERMINATION OF EMPLOYMENT. AUTHORIZED SIGNER* MAINTENANCE SERVICE CONTRACTS CFO for Maintenance Services;COO and VP, . Any BV Landscape Services contracts and Service Provider agreements. Divisional Finance All National Account master's and Cross Divisional Agreements. All BV Landscape Services contracts and Service Provider agreements SVP with an annual value<_$1.5M in the Division; Group or Region(s);for which they have responsibility Group VP; and Regional Finance Manager . All BV Landscape Services contracts and Service Provider agreements with an annual value<_$1M in the Division;Group or Region(s);for which they have responsibility VPGM* • Any Service contract(excluding fixed fee snow)or Service Provider agreement on third-party paper with an annual value<_$250K in the Market(s)for which they have responsibility. • Any Service contract(excluding fixed fee snow) or Service Provider agreement on a pre-approved BrightView Template with changes and an annual value<_$250K for the Market(s)for which they have responsibility. • Any Service contract(excluding fixed fee snow)or Service Provider agreements on a pre-approved BrightView Template without changes and an annual value<_$350K for the Market(s)for which they have responsibility. • 1-9 certifications for the market for which they have responsibility Sr. BM &BM • Non-recurring enhancement or tree service<_$1001(for the Branch(es) for which they have responsibility. Any internal contract issued from a BV entity to a BV Branch(es) (i.e., BES to BVL, LLC; BVLD to BVLS, Inc.,etc.) Lien releases and lien waivers Elected Officers . Any BrightView Document for the Maintenance Entity for which they are elected. Does not include National Account Masters +VPGM signatories may sign in place of a BM signatory only for the market for which they have responsibility. DATE(MM/DD/YYYY) A o CERTIFICATE OF LIABILITY INSURANCE 09/26/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED _ REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. 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 Location #35210 4155 E Mowry Drive INSURERC: Homestead FL 33033 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:570101790392 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 XSLG EACH OCCURRENCE $2,000,000 CLAIMS-MADE X❑OCCUR SIR applies per policy terns & condi ions $2,000,000 PREMISES Ea occurrence MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $2,000,000 rn GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $5,000,000 rn POLICY ❑X PRO- El LOC PRODUCTS-COMP/OP AGG $5,000,000 0 OTHER: o A Y ISA H10716561 10/01/2023 10/01/2024 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 HIRED AUTOS NON-OWNED PROPERTY DAMAGE V ONLY AUTOS ONLY Per accident B X UMBRELLA LIAB X OCCUR AUC508596819 10/01/2023 10/01/2024 EACH OCCURRENCE $3,000,000 V EXCESS LIAB CLAIMS-MADE SIR applies per policy terns & condi ions AGGREGATE $3,000,000 DED I X RETENTION A WORKERS COMPENSATION AND WLRC5068541A 10/01/2023 10/01/2024 X PER STATUTE I OTH- EMPLOYERS'LIABILITY Y/N WC - ADS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $2,000,000 A OFFICER/MEMBER EXCLUDED? N/A SCFC50685482 10/01/2023 10/01/2024 (Mandatory in NH) INC - 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— ti DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe County BOCC is included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability Policies. Certificate Holder is included as Loss Payee with respect to the physical damage Automobile policy of covered vehicles by the Named Insured in accordance with the policy provisions. Coll/Comp $5000. I;S T 1=- 7 11.8.23 - CERTIFICATE HOLDER CANCELLATION womp SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH 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 POLICY NUMBER: XSL G47325857 001 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 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 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: XSL G47325857 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" g 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 contractor 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 ADDITIONAL INSURED — DESIGNATED PERSONS OR ORGANIZATIONS Named Insured BrlghtVlew Landscapes, LLC Endorsement Number TBD Policy Symbol Policy Number Policy Period Effective Date of Endorsement I SA H 10716561 10/01/2023 To 10/01/2024 10/01/2023 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 AUTO DEALERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM EXCESS BUSINESS AUTO COVERAGE FORM Additional Insured(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. A. For a covered "auto," Who Is Insured is amended to include as an "insured," the persons or organizations named in this endorsement. However, these persons or organizations are an "insured"only for"bodily injury"or"property damage" resulting from acts or omissions of: 1. You. 2. Any of your"employees" or agents. 3. Any person operating a covered "auto"with permission from you, any of your"employees"or agents. B. The persons or organizations named in this endorsement are not liable for payment of your premium. M Authorized Representative DA-9U74c(03/16) Page 1 of 1 AGN June 6, 2024 RE: BrightView Landscapes, LLC To Whom It May Concern: BrightView Landscapes, LLC has a self-insured retention (SIR) and/or deductible on the following insurance policies: - General Liability in the amount of$3,000,000 - Auto Liability Deductible in the amount of$4,000,000 The General Liability policy,with ACE American Insurance Company, has the following limits of insurance: $2,000,000 Each Occurrence $5,000,000 Products & Completed Operations Aggregate $5,000,000 General Aggregate The Auto Liability policy, with ACE American Insurance Company, has the following limit of insurance: $5,000,000 Combined Single Limit BrightView Landscapes, LLC (BrightView) is the largest publicly traded landscape contractor and service provider in the nation with revenues in excess of$2 billion. As a national landscape contractor and service provider, purchasing insurance for its large volume of work, BrightView elects to have large deductibles or self-insured retentions to control premium costs. BrightView and its legacy companies have had large deductibles and/or self-insured retentions for over thirteen years and have always paid all amounts owed. Self-insured costs are projected by an independent actuary, budgeted, and reserved for on the company's balance sheet. The insurance companies insuring BrightView under deductible programs and/or providing coverage excess of the company's self-insured retention are financially sound and responsible for payment of losses within their layer of coverage. All General Liability claims are handled by the third-party administrator("TPA"), Gallagher Bassett. Gallagher Bassett pays the claims using an escrow fund that BrightView provides as part of its administration services. Any General or Product liability claim that would exceed the $3,000,000 SIR, is fully insured by ACE American Insurance Company beyond the SIR amount. Furthermore, for the Workers Compensation coverage afforded by ACE American Insurance Company, there is a $1,000,000 per occurrence deductible. Best Regards, MANAGEMENT APPROVED BY RISK MANA TI Aon Risk Solutions Richard Kline DATE 7/31/2024 Associate Account WAIVER N/A_YES_ Executive Aon I Two Logan Square—100 North 18th Street I Philadelphia,PA 19103 1215.255.2000