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Item C02 C2 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting October 16, 2024 Agenda Item Number: C2 2023-2921 BULK ITEM: Yes DEPARTMENT: Facilities Maintenance TIME APPROXIMATE: STAFF CONTACT: Willie DeSantis N/A AGENDA ITEM WORDING: Approval of a Fourth Amendment to Agreement with Tower Pest Control, Inc. for Pest Control-Lower Keys, Monroe County, Florida, to update the Scope of Work by changing a facility location and adding a new location for pest control services, increasing the payment amount by a CPI-U of 3%retroactive to October 1, 2024, renews the Agreement for the first of three optional one-year terms, increases the annual not to exceed amount, and updates certain provisions of the Agreement. Funding is Ad Valorem, Parks and Beaches Fund 147, and TDC. ITEM BACKGROUND: Monroe County entered into an RFP Bid Award Agreement with Tower Pest Control, Inc. (Tower) on September 21, 2022, for Tower to provide pest control services to certain County locations for the Facilities Maintenance Department. Some County Parks and Beaches Department locations were added to the current Tower Agreement when its annual solicitation agreement terminated on October 1, 2022. The First Amendment, approved on March 22, 2023, added additional locations, deleted a location, and increased the annual amount. On September 20, 2023, the BOCC approved a Second Amendment to increase the contract amount by a CPI-U of 3% with an effective date of October 1, 2023. The Third Amendment, approved on November 8, 2023, added the new Big Pine Key Community Center, increased payment amounts due to the additional location, and increased the annual compensation to the Contractor under the Agreement to not exceed $46,162.00, unless pre-approved work requiring additional funds was implemented. This Fourth Amendment seeks approval to amend the Original Agreement to increase payment amounts by the annual CPI-U adjustment of three percent (3%) retroactive to October 1, 2024, renews the Agreement for the first of three (3) optional one-year renewals, modifies the Scope of Work to reflect the Public Defender's Office new location and adds another location on Rockland Key for the Clerk's storage, and updates other provisions of the Agreement. The new term will commence October 1, 2024, and ends September 30, 2025. With the additional location, the total annual cost for Facilities Maintenance for twenty-three (23) Locations, twenty-four (24) Buildings is $17,970.72. The total annual cost for Parks and Beaches for seven (7) Locations, three (3) Buildings is $14,364.88. The total 129 annual compensation to the Contractor under this Agreement shall not exceed $51,145.00, unless pre- approved work requiring additional funds is implemented. Staff seeks approval of this Fourth Amendment as noted herein. All other Terms of the Original Agreement, as amended, remain the same. PREVIOUS RELEVANT BOCC ACTION: November 8, 2023 BOCC approved a Third Amendment to add the new Big Pine Key Community Center for another Facility location for pest control services, increased payment amounts by the annual CPI-U adjustment of three percent(3%), and increased the total annual compensation under the Agreement, not to exceed $46,162.00. September 20, 2023 BOCC approved a Second Amendment to increase the contract amount by a CPI-U of 3%with an effective date of October 1, 2023. March 22, 2023 BOCC approved a First Amendment to Agreement with Tower Pest Control to terminate one location and add Parks and Beaches Locations, which increases the annual not to exceed amount from $29,000.00 to $43,340.00. September 21, 2022 BOCC approved an RFP Bid Award Agreement to Tower Pest Control for Lower Keys Facilities with a 2-year initial term commencing on October 1, 2022, and terminating on September 30, 2024. The County has the option to renew for up to three (3) additional one-year periods. The annual contract amount was not to exceed $29,000.00, unless pre-approved work requiring additional funds is implemented. INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: Amends the Original Agreement to increase payment amounts by an annual CPI-U adjustment of 3% retroactive to Octoberl, 2024, exercises the first of three optional one-year renewals, modifies the Scope of Work to include the new Public Defender's Office location and added another location on Rockland Key for the Clerk's storage. With the additional locations and CPI-U increase, the total annual cost for Facilities Maintenance and Parks and Beaches were raised with the total annual compensation to the Contractor under this Agreement to not exceed $51,145.00, unless pre-approved work requiring additional funds is implemented. STAFF RECOMMENDATION: Approval DOCUMENTATION: 10-1 6-2024-Fourth Amendment to Agreement- Tower Pest Control (Final legal stamped with exhibit)- Partial exec.pdf 11-08-2023-Third Amendment-F11_Tower Pest Control-Lxec.pdf 09-20-2023-Second Amendment-Pest Control-Lxec.pdf 03-22-2023-T-7-First Amendment to Agreement- Tower Pest Control-Lxec.pdf 09-21-2022 Agreement-Tower-Lxec.pdf COI-07-22-2025-Tower-Lxec.pdf FINANCIAL IMPACT: FINANCIAL IMPACT: 130 Effective Date: October 1, 2024 Expiration Date: September 30, 2025 (unless renewal options are exercised) Total Dollar Value of Contract: $51,145.00 Annually Total Cost to County: Remaining total cost is $106,236.00 (Facilities Maintenance) + $479199.00 (Parks & Beaches) for total of$153,435.00. Current Year Portion: FY25 - $359412.00 (20501) + $19975.00 (20502) + $109467.00 (20503) + $39291.00 TDC Budgeted: Yes Source of Funds: Ad Valorem, Fund 147 Parks & Beaches, and TDC CPI: Yes Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: Grant: N/A County Match: N/A Insurance Required: Yes (COI attached) Additional Details: This Fourth Amendment is retroactive to October 1, 2024. Contract amount not to exceed $51,145.00 Annually unless pre-approved work requiring additional funds is implemented. 131 FOURTH AMENDMENT TO AGREEMENT FOR PEST CONTROL - LOWER KEYS MONROE COUNTY, FLORIDA This Fourth Amendment to Agreement for Pest Control,Lower Keys,is made and entered into this 16th day of October 2024,between MONROE COUNTY,FLORIDA("COUNTY"),a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040,and TOWER PEST CONTROL,INC.,a Florida Profit Corporation,authorized to do business in the State of Florida, ("CONTRACTOR"),whose address is 7760 West 20 Ave., Bay 14,Hialeah,Florida 33016. WHEREAS, on September 21, 2022, the parties entered into an Agreement for Pest Control — Lower Keys (`SOriginal Agreement") for the CONTRACTOR to provide pest control services for the Lower Keys Facilities owned by Monroe County for an initial two (2) year tenn; and WREAS, on March 22, 2023, the Board of County Commissioners ("BOCC") approved the First Amendment to Agreement,which deleted and added locations for monthly pest control; and WHEREAS, on September 20, 2023, the BOCC approved the Second Amendment to Agreement,which increased payment amounts by the annual CPI-U adjustment of three percent (3%),which was the lesser increase, effective October 1,2023;and WHEREAS, on November 8, 2023, the BOCC approved the Third Amendment to Agreement to amend the Original Agreement to incorporate and include the CONTRACTOR's scope of services to be provided at an additional Lower Keys location as outlined in the Scope of Work; and WHEREAS, Paragraph 6 of the Original Agreement, as amended, provides that the contract amount may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index for all Urban Consumers (CPI-U) as reported by the U.S.Bureau of Labor Statistics and shall be based upon the CPI-U computation at December 31 of the previous year or 3%, whichever is less, and provides for three (3) optional one-year renewal periods to extend the term of the agreement; and WHEREAS, this Fourth Amendment to Agreement is to amend the Original Agreement to increase payment amounts by the annual CPI-U adjustment of three percent(3%), which was the lesser increase, effective retroactive to October 1,2024; and WHEREAS, the Original Agreement, as amended in the Third Amendment,provided in Paragraph 5.D.that the total compensation to the Contractor shall not exceed Forty-six Thousand, 132 One Hundred Sixty-two and 00/100 ($46,162.00) Dollars per year, unless pre-approved work requiring additional funds is implemented; and WHEREAS, the parties find it would be mutually beneficial to increase the annual agreement amount by Four Thousand Nine Hundred Eighty-three and 00/100($4,983.00)Dollars due to budgeted CPI-U increases;and WHEREAS, this Fourth Amendment to Agreement is also to amend the Original Agreement to incorporate and include the CONTRACTOR's scope of services to be provided at the Public Defender's Office location that has moved and add another location on Rockland Key for the Clerk's storage as outlined in the below Scope of Work;and WHEREAS,the parties have found the Original Agreement to be mutually beneficial;and WHEREAS,the parties find that it would be mutually beneficial to enter into this Fourth Amendment to the Original Agreement to provide for the annual CPI-U adjustment of three percent(3%),to renew the Original Agreement for the first of the three(3)optional renewals,and to change the location of the Public Defender's Office and add another location on Rockland Key for the Clerk's storage,pursuant to the terns of the Original Agreement. NOW,THEREFORE,IN CONSIDERATION of the mutual promises and covenants set forth below,the parties agree to amend the Original Agreement as follows: 1. Paragraph 2, SCOPE OF WORK, of the Original Agreement, as amended, shall be amended by deleting the current Paragraph 2 of the Agreement and replacing it with the following paragraph and the updated Exhibit"A"—3rd Revised,attached hereto: 2. SCOPE OF WORK The Scope of Work shall include,but not be limited to,all work and/or services shown and listed in Exhibit"A"—3rd Revised,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. 2. The Scope of Work shall be amended to incorporate and include the following additional COUNTY facilities and CONTRACTOR'S services: Monroe County Public Defender's Office, 316 Simonton Street, Key West, Treated j Monthly Monroe County Clerk of the Court Storage Facility,111 Overseas Hwy.,Units 101 and 203,Rockland Key,Treated Monthly 133 3. The Scope of Work shall be amended to delete the following COUNTY facility and CONTRACTOR's services: Monroe County Public Defender's Office, 1111 12th Street, Suite #310, Key West, Treated Monthly 4. In accordance with Paragraph 6 of the Original Agreement, as amended, 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 and shall be based upon the CPI-U computation on December 31 of the previous year or 3%whichever is less. The CPI-U on December 31, 2023, was 3.4%,therefore the annual CPI-U increase shall be three percent (3%),effective retroactive to October 1,2024. 5. Paragraphs 5, C. and D., CONTRACT SUM AND PAYMENTS TO CONTRACTO of the Original Agreement, as amended, shall be amended to reflect the location change, frequency of the service,and the treatment cost for each location with the CPI-U increase, as follows: C. The cost of labor used by the Contractor to fulfill the obligation of the Contract will be included in the following amounts of; r FACILITY ADDRESS FREQUENCY TREATMENT COST Higgs Beach Dog Park I OW Atlantic Blvd.,Key West Monthly $159.14 West Martello 1100 Atlantic Blvd.,Key West Monthly $265.23 Bernstein Park 6751 5&St,Stock Island Monthly $159.14 Wilhelmina Harvey Park 360 Ave F„Big Coppitt Quarterly $106.09 Pine Channel Nature Park 29550 Overseas Hwy.,Big Pine Monthly $100.79 Big Pine Community Park 31009 Atlantis Rd.,Big Pine Monthly $318.27 Watson Field Dog Park 30150 South St,Big Pine Monthly $159.14 i Cato Building 1100 Simonton St,Key West Monthly $127.31 Harvey Government Center 1200 Truman Ave.,Key West Monthly $100.79 Historic Courthouse 500 Whitehead St.,Key West Monthly $100.79 Jefferson Browne(incl.Old Jail) 502 Whitehead St.,Key West Monthly $100.79 Lester Building 530 Whitehead St.,Key West Monthly $100.79 Freeman Justice Center 302 Fleming St.,Key West Monthly $100.79 Key West Library 700 Fleming St.,Key West Monthly $63.65 Supervisor of Elections Office 5200 College Road, Stock Monthly $100.79 Island County Attorney Offices 11 It 12th St.,Suite 408,Key Monthly $42.44 West Public Defender Office 316 Simonton Street,Key Monthly $42.44 West 3 134 Big Pine Key Library 213 Key Deer Blvd.,Big Pine Key Monthly $42.44 Blue Heron Comnmity Center 30451 Lytton Way,Big Pine Monthly $37.13 Big Pine DMV 247 Key Deer Blvd.,Big Pine Monthly $3 l.83 District 2 Commissioner Office 243 Key Deer Blvd,Big Pine Monthly $31.83 Big Pine Community Center 201 Key Deer Blvd.,Big Pine Monthly $84.87 Stock Island Fire Station#8 5655 MacDonald Ave.,Stock Monthly $47.74 Island Big Pine Key Fire Station#13 390 Key Deer Blvd.,Big Pine Monthly $47.74 Big Coppitt Key Fire Station#9 28 Emerald Dr.,BigCoppitt Monthly $47.74 Sugarloaf Key Fire Station# 10 117097 Overseas Hwy.,Sugarloaf Monthly $47.74 K Cudjoe Key Fire Station#11 22352 Overseas Hwy.,Cudjoe Monthly $47.74 Key 2 Public Works Trailers and Fleet 123 Overseas Hwy.,Rockland Key Monthly $47.74 Garage Rockland Key Site Clerk of the Court Rockland 111 Overseas Hwy„Units 101 & Monthly $60.00 Storage Facility 203 Roeicland K Key West DMV 3304 N.Roosevelt Blvd.,Key West I Monthly 1 $42.44 Total Annual Cost for Facilities Maintenance for twenty-three(23)Locations,twenty- four (24) Buildings is Seventeen Thousand Nine Hundred Seventy and 72/100 ($17,970.72)Dollars. Total Annual Cost for Parks and Beaches for seven (7) Locations,three(3) Buildings is Fourteen Thousand Three Hundred Sixty-four and 88/100($14,364.88)Dollars. Facilities Maintenance and Parks and Beaches Departments shall be invoiced separately. There shall be no additional charges to the County for travel, mileage, meals, or lodging. D. Total Annual Compensation to CONTRACTOR under this Agreement shall not exceed Fifty-one Thousand One Hundred Forty-five and 00/100 ($51,145.00) Dollars, unless pre-approved work requiring additional funds is implemented. 6. In accordance with Paragraph 6, TERM OF AGREEMENT, of the Original Agreement, as amended, the County exercises the option to renew the agreement for the first of three (3)optional one-year periods.This renewal term shall commence October 1,2024,and ends upon September 30, 2025, unless terminated earlier under another paragraph of the Agreement. 7. The Exhibit "B", Pesticide Notice to be Posted, attached to the Scope of Work in the Original Agreement,as amended,remains the same and is not attached again hereto. 8. Paragraph 9, RIGHT TO AUDIT, of the Original Agreement, as amended, is hereby deleted in its entirety and replaced with the following paragraph: 4 135 9. 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 seven (7) 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 i Right to Audit provisions survive the termination or expiration of this Agreement. 9. Paragraph 10, PUBLIC RECORDS COMPLIANCE of the Original Agreement, as amended, is hereby amended to replace Sub-paragraph (2) only within Paragraph 10, with the following paragraph: (2) Upon request 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. All other provisions of Paragraph 10 remain the same. 5 136 10. Paragraph 14,NONDISCREVIINATION/E UAL EMPLOYMENT OPPORTUNITY of the Original Agreement,is hereby amended to delete the current Paragraph 14 and replace it in its entirety with the following paragraph: 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 party, 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 II,which prohibits discrimination on the basis of race,color,sex,religion,national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 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. 11. Paragraph 21, TERMINATION, of the Original Agreement, as amended, is hereby amended to delete Sub-paragraph F. in its entirety, and replace it with the following paragraph: 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 137 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 287.1325(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. All other provisions of Paragraph 21 remain the same. 12. Paragraph 21,PUBLIC ENTITY CRIME STATEMENT_of the Original Agreement,as amended, is hereby amended to replace the current Paragraph 21 in its entirety with the following paragraph: 21. 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 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." 13. Except as set forth in Paragraphs 1 through 12 of this Fourth Amendment to Agreement, in all other respects,the terms and conditions set forth in the Original Agreement,as amended, remain in full force and effect. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] 7 138 IN WITNESSWHEREOF, C'MI f,. and CON'"FRACT'OR hereto have executed this Pow-th Aniendnient to Agreement ent on the&.y and year first written-above anid,shall be deenied an a tiginal c ontr ct, fittest. KEVIN MADOK,CLERK OF MONROE COUNTY,, FLOR.rDA By . .._.._ _._._....._ ..a m..._._____......._ As Depu:�y Clerk Mayor Witnesses for CONTRACTM CONTRAUFOR� TOWER PEST CONTROL, INC- ............ Signature of person alithorized to Signature � J a:ffEwy bind CONTRACTOR Date:— %�.._._.__.w....�._._...... Date Pdrit Mune Print News and Title Addrew S' ature . ........ f" 1 fufururue Number: er: Date Print,N�anue 4aC �a .0!, 139 EXHIBIT "A" — 3rd Revised SCOPE OF WORK 9 140 INTENT AND SCOPE OF WORK This specification describes minimum requirements to cover the furnishing of all necessary labor, materials,equipment,and other resources needed to control pest(s)in buildings and parks owned or leased by the Monroe County Board of County Commission. The object of this service is to effectively control and eradicate insects, roaches, palmetto bugs, silverfish,vermin, ants, wasps, fleas, mites, bedbugs, scorpions, millipedes and rodents (excluding termites).Al work performed shall be to the satisfaction of the Facilities Maintenance Director or designee. Al County buildings requiring pest control services are shown on the List of facilities. Additional buildings may be added to the List of facilities,at any point during the contract, as required by the County.A monthly cost for each additional building will be negotiated with the Contractor. After contract award,the County reserves the right to add additional related items to this contract. Price quotes will be obtained from the Contractor for the additional items. Contractor agrees and understands that the contract shall not be construed as an exclusive arrangement and further agrees that the County may,at any time, secure similar or identical services from another supplier at the County's sole option. TREATMENT SCHEDULE 1. A thorough inspection and treatment as described herein shall be performed once every thirty(30)calendar days for all areas. In the event this treatment does not control pests to the complete satisfaction of the Facilities Maintenance Director or designee, the Contractor may be subject to an average of one recall per location during each 30-day period for additional treatment at no additional cost. Such notification shall be in writing from the contract monitor. 2. Treatment will include but not be limited to: interior and exterior perimeter General Household Pest Control for Facilities. Rodent monitoring as needed. 3. Contractor shall complete and post approved spray notices at all facility locations at least twenty-four(24) hours prior to spraying-see Exhibit°B"attached hereto and made a part hereof. 4. Buildings requiring after hours treatment shall be treated on the third (31d) Saturday of every month unless otherwise pre-approved by the Director of Facilities Maintenance or his/her designee. 5. Contractor must take note that all Parks and Beaches locations are open to the public. Care shall be taken to avoid heavy recreational times. A minimum of 48 hours' notice shall be required before chemical spraying. Weekend spraying of the parks will not be permitted except in extreme, pre-approved instances. STATEMENT OF CONDITIONS FOUND AND TREATMENT RENDERED Following each visit and inspection of a building, the Contractor shall email a report in writing to the Facilities Maintenance Director or designee, stating the conditions that existed and the proper treatment rendered. This notice shall be on a form agreed upon between the Contractor and the Facilities Maintenance Director or designee. RESTRICTIONS ON THE USE OF PEST CONTROL MATERIALS A. All rodenticide and/or traps shall be placed only at times and in areas to assure maximum safety. 10 141 No pest control aridly r traps shall be placed where any yr sitrnr may recover r them.. . the use of rod rntM ide shall the restricted to areas NOT accessibletothe generaV public. record of rnaterWs used and where used sh0 die made in duph ate„ one (1) copy to the Facilities taintenarn e Drector and one(`"G) r;op,y to the! Contractor. fl dead o,r dying rodents ahM� be removed by the Contractor and disposed of to the satisfaction of,the FacflMes Maintenance ireetor or designee. t Qt ou°ntrantor shail co r6 nate monthly acfiv� fies with Monroe County co ntar.�ta as listed below: Facilities Maintenance Contract Monitor: Alice ter-y a add n M Quo 's& Proposals).. Facilities Maintenance Executive Assistant: Jessica Momis ­ t 0t 5 tt 3 7„ 3 , .n er.; - ,r, (Billing and Il n t .................;:........ r, . Paida&Beaches Budget&Contract S� niah to 'Tarnmy Acevedo— d 5 ,- 7 ; Gat GVd rn r. Enrique Gonzalez 30 -7 7-1 Harvey Government Center (First Floor): ;yam Steele ... 305-295-5000 °tr rvey Goverr meat Center (Se co d Floor)-, Von coda.-305-7 7-1494 Historic ouarth use: 'r rrn aea - 3 -,t9 -" 7 d Jefferson Bro,wne (incl. Old Jail): Torn Pacini.- 05-. 4-77F Lester u Ungrro "t`rnrrn Pacini - µ394M 77d Freerrnarn,tnuati e ernter: Tor rrw Pacrow - - 4_77d Key West Library*, Khan Rkiald,y. 3015_809_5: 6 Supervisor of Elections Office: Ryan Sanchez ..... 305.-699-9835 Counly, Attorney Offices ( 08). Abra Campo or, Brian Bradley m.305-292- 7 "�w�utnhc Diefer'nder� O, i e (. 1 Simonton): iirrn oci d� �7' t Big P,ineKey Ubrary: Faith Price- 05- tt-6304 Blue Heron Community enter: d arrnarya Fernandez - 0:5-41 -d d Stock Island Fire Station, t ; Maria Altarnarino.,-305-28 -604,7 Big Pine Fire tat rn 13; Mada �tamarwrnrn- 05m d9.- g oppn tt Key Rre Station:*: Marta Altarnarino µ 305-289­6047 Sugarloaf Key Fire Station 110;., Maria Aftarriarlino .. 0 .. d9w.F0 7 D 0joe Keay Fire Station #11 Maria Altarnarino— a 289.d;d '7 Key West DMV Sam Ste0e ­ "305- - t dtt Mg Pine DM : Damarys Fernandez -305-4,13-0488 Commissioner Datru t 2 Big Me! Key rye: Da arys Fernandez— 5•-413-0 Big Pine Key Senor Community Cemter: t arrnarys Fernandez - 305 1 -0 d Rockland they Facilities and Roads Trailers ( ): Alice t teryou -305-2924549 Rockland Fieet Garage: Joe Zoppy m 305... 5_367 Monroe County Uerk of the Court I ocMarwd Facility: Larne Ho, e«r ern,.. 5- 93- F e.nrrnate� n Park Community Center:' Carlton Howard,, 05"9 -717 ilhelmi na Harvey Park; Carlton t••trnward-- 05. •717Fn 11 142 Watson Field Dog Park: Carlton Howard—305-902-7175 Higgs Beach Dog Park: Tony Roberts—305-797-2532 West Martello: Tony Roberts—305-797-2532 Big Pine Community Park: Carlton Howard—305-902-7175 Pine Channel Nature Park: Carlton Howard—305-902-7175 j i i 12 143 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: December 4, 2023 TO: William DeSantis, Director Facilities Maintenance Chrissy Collins Executive Administrator Alice Steryou Contract Monitor FROM: Liz Yongue, Deputy Clerk SUBJECT: November 8, 2023 BOCC Meeting The following item has been executed and added to the record: F 11 3rd Amendment to Agreement with Tower Pest Control, Inc. for Pest Control- Lower Keys, Monroe County, Florida, to update the Scope of Work by adding another facility location for pest control services and adjusting the annual cost. Funding is Ad Valorem, Parks and Beaches Fund 147, and TDC. 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 144 THIRD AMENDMENT TO AGREEMENT FOR PEST CONTROL - LOWER KEYS MONROE COUNTY, FLORIDA This Third Amendment to Agreement for Pest Control, Lower Keys, is made and entered into this 8th day of November 2023, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and TOWER PEST CONTROL, INC., a Florida Profit Corporation, authorized to do business in the State of Florida, ("CONTRACTOR"), whose address is 7760 West 20 Ave., Bay 14, Hialeah, Florida 33016. WHEREAS, on September 21, 2022, the parties entered into an Agreement for Pest Control — Lower Keys ("Original Agreement") for the CONTRACTOR to provide pest control services for the Lower Keys Facilities owned by Monroe County; and WHEREAS, on March 22, 2023, the Board of County Commissioners ("BOCC") approved the First Amendment to the Original Agreement, which deleted and added locations for monthly pest control; and WHEREAS, on September 20, 2023, the BOCC approved the Second Amendment to the Original Agreement, which increased payment amounts by the annual CPI-U adjustment of three percent (3%), which was the lesser increase, effective October 1, 2023; and WHEREAS, this Third Amendment to Agreement is to amend the Original Agreement to incorporate and include the CONTRACTOR's scope of services to be provided at an additional Lower Keys location as outlined in the below Scope of Work; and WHEREAS, the parties have found the Original Agreement to be mutually beneficial; and WHEREAS, the parties find that it would be mutually beneficial to enter into this Third Amendment to the Original Agreement for additional pest control services. NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree to amend the Original Agreement as follows: 1. Paragraph 2, SCOPE OF WORK, of the Original Agreement shall be amended by deleting the current Paragraph 2 of the Agreement and replacing it with the following paragraph and the updated Exhibit "A" —2nd Revised, attached hereto: 2. SCOPE OF WORK 1 145 The Scope of Work shall include, but not be limited to, all work and 1 or services shown and listed in Exhibit "A" —2nd Revised, 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. 2. Thec Scope of Work shall be amended to incorporate and include the following 9 additional COUNTY facility and CONTRACTOR's services: Big Pine Key Community Center, 201 Key Deer Blvd., Unit C1-3, Big Pine Key, Treated Monthly 3. Paragraphs 5, C. and D., CONTRACT SUM AND PAYMENTS TO CONTRACTOR,of the Original Agreement, shall be amended to reflect the additional location, frequency of the service, and the treatment cost for such location, as follows: C. The cost of labor used by the Contractor to fulfill the obligation of the Contract will be included in the following amounts of: FACILITY ADDRESS FREQUENCY TREATMENT COST Higgs Beach Dog Park 1000 Atlantic Blvd,, Key West Monthly $154.50 West Martello 1100 Atlantic Blvd., Key West Monthly $257 50 Bernstein Park 6751 51h St., Stock Island Monthly $154.50 Wilhelmina Harvey Park 360 Ave F., Big Coppitt Quarterly $103.00 Pine Channel Nature Park 29550 Overseas Hwy., Big Pine Monthly $97 85 Big Pine Community Park 31009 Atlantis Rd., Big Pine Monthly $309.00 Watson Field Dog Park 30150 South St., Big Pine Monthly $154.50 Gato Building 1100 Simonton St., Key West Monthly $123.60 Harvey Government Center 1200 Truman Ave., Key West Monthly $97 85 Historic Courthouse 500 Whitehead St., Key West Monthly $97 85 Jefferson Browne (incl. Old 502 Whitehead St., Key West Monthly $97 $5 Jail Lester Building 530 Whitehead St., Key West Monthly $97.85 Freeman Justice Center 302 Fleming St ,Key West Monthly $97 85 Key West Library 700 Fleming St„ Key West Monthly $61.80 Bayshore Manor 5200 College Road, Stock Monthly $97 85 Island County Attorney Offices 1111 12th St., Suite 408, Monthly $41.20 Key West Public Defender Office#310 1 1 1 1 12th St., Suite 310, Monthly $41.20 Key West Big Pine Key Library 213 Key Deer Blvd., Big Pine Monthly $41.20 Key Blue Heron Community Center 30451 Lyttons Way, Big Pine Monthly $36.05 Big Pine DMV 247 Key Deer Blvd., Big Pine Monthly $30.90 District 2 Commissioner Office 243 Key Deer Bivd., Big Pine Monthly $30.90 Big Pine Community Center 201 Key Deer Blvd., Big Pine Monthly $82.40 2 146 Stock Island Fire Station#8 5655 MacDonald Ave , Stock Monthly $46.35 Island Big Pine Key Fire Station#13 390 Key Deer Blvd., Big Pine Monthly $46.35 Big Coppitt Key Fire Station#9 28 Emerald Dr., Big Coppitt Monthly $46 35 Sugarloaf Key Fire Station# 17097 Overseas Hwy., Monthly $46.35 10 Su arloaf Key Cudjoe Key Fire Station#11 22352 Overseas Hwy., Cudjoe Monthly $46.35 Key 2 Public Works Trailers and 123 Overseas Highway, Monthly $46.35 Fleet Garage @ Rockland Key Rockland Key Site Key West DMV 3304 N Roosevelt Blvd., Key Monthly $41.20 West Total Annual Cost for Facilities Maintenance for twenty-two (22) Locations, twenty- four (24) Buildings is Sixteen Thousand Seven Hundred Forty-seven and 801100 ($16,747.80) Dollars. Total Annual Cost for Parks and Beaches for seven (7) Locations, three(3) Buildings is Thirteen Thousand Nine Hundred Forty-six and 201100 ($13,946.20) Dollars. Facilities Maintenance and Parks and Beaches Departments shall be invoiced separately. There shall be no additional charges to the County for travel, mileage, meals, or lodging. D. Total Annual Compensation to CONTRACTOR under this Agreement shall not exceed Forty-six Thousand One Hundred Sixty-two and 00/100 ($46,162.00) Dollars, unless pre-approved work requiring additional funds is implemented. 4. Except as set forth in Paragraphs 1 through 3 of this Third Amendment to Agreement, in all other respects, the terms and conditions set forth in the Original Agreement, as amended, remain in full force and effect. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] 3 147 IN WETNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed this Second Amendment to Agreement on the day and year first written above and shall be deemed an original contract. In C" EAIv BOARD OF COUNTY COMMISSIONERS t S ^ �":�� MADOK, CLERK OF MONROE COUNTY, FLORIDA -='e- ~° As De uty Clerk Mayor Date:— Witnesses for CONTRACTOR: CONTRACTOR: TOWER PEST_ -."l-, CONTROL, I - o -_- By.- - a hG1S ? 'fit" .4- jaw Signature of person authorized to Signature legally bind CONTRACTOR ADO WV. Date: Cl�hobf�' 21,2®23 Date Print Name Print Name and Title krim Address: In 1p 1 %J 24 AuC. 1� Signature "N00h. f-1 330%W Telephone Number:10yul-Na V0:n-23 0,�viG °�bccf. Date Print Name V,ONROF COUNTY ATTORNEY'S OFFICE 4 r fpP�FEDAZTO DRM PA'M(GIIA EABLES RSSEST�' i /ynA'rTORNEY DATE; 148 EXHIBIT "A" - 2nd Revised SCOPE OF WORK i 1 149 INTENT AND SCOPE OF WORK This specification describes minimum requirements to cover the furnishing of all necessary labor, materials, equipment, and other resources needed to control pest(s) in buildings and parks owned or leased by the Monroe County Board of County Commission. The object of this service is to effectively control and eradicate insects, roaches, palmetto bugs, silverfish, vermin, ants, wasps, fleas, mites, bedbugs, scorpions, millipedes and rodents (excluding termites). All work performed shall be to the satisfaction of the Facilities Maintenance Director or designee. All County buildings requiring pest control services are shown on the List of facilities. Additional buildings may be added to the List of facilities, at any point during the contract, as required by the County. A monthly cost for each additional building will be negotiated with the Contractor. After contract award, the County reserves the right to add additional related items to this contract. price quotes will be obtained from the Contractor for the additional items. Contractor agrees and understands that the contract shall not be construed as an exclusive arrangement and further agrees that the County may, at any time, secure similar or identical services from another supplier at the County's sole option. TREATMENT SCHEDULE 1. A thorough inspection and treatment as described herein shall be performed once every thirty (30) calendar days for all areas. In the event this treatment does not control pests to the complete satisfaction of the Facilities Maintenance Director or designee, the Contractor may be subject to an average of one recall per location during each 30-day period for additional treatment at no additional cost. Such notification shall be in writing from the contract monitor. 2. Treatment will include but not be limited to: interior and exterior perimeter General Household Pest Control for Facilities. Rodent monitoring as needed. 3. Contractor shall complete and post approved spray notices at all facility locations at least twenty-four(24) hours prior to spraying - see Exhibit"B"attached hereto and made a part hereof. 4. Buildings requiring after hours treatment shall be treated on the third (3r') Saturday of every month unless otherwise pre-approved by the Director of Facilities Maintenance or his/her designee. 5. Contractor must take note that ail Parks and Beaches locations are open to the public. Care shall be taken to avoid heavy recreational times. A minimum of 48 hours' notice shall be required before chemical spraying. Weekend spraying of the parks will not be permitted except in extreme, pre-approved instances. STATEMENT OF CONDITIONS FOUND AND TREATMENT RENDERED Fallowing each visit and inspection of a building, the Contractor shall email a report in writing to the Facilities Maintenance Director or designee, stating the conditions that existed and the proper treatment rendered. This notice shall be on a form agreed upon between the Contractor and the Facilities Maintenance Director or designee. RESTRICTIONS ON THE USE OF PEST CONTROL MATERIALS A. All rodenticide and/or traps shall be placed only at times and in areas to assure maximum safety. 2 I I 150 B. No pest control and/or traps shall be placed where any visitor may recover them. C. The use of rodenticide shall be restricted to areas NOT accessible to the general public. D. A record of materials used and where used shall be made in duplicate, one (1) copy to the Facilities Maintenance Director and one (1) copy to the Contractor. REMOVAL OF DEAD RODENTS All dead or dying rodents shall be removed by the Contractor and disposed of to the satisfaction of the Facilities Maintenance Director or designee. LOCATION CONTACTS Contractor shall coordinate monthly activities with Monroe County contacts as listed below: Facilities Maintenance Contract Monitor: Alice Steryou — 305-292-4549 Parks & Beaches Contract Monitor: Tammy Acevedo — 305-453-8776 Gato Building - Enrique Gonzalez - 305-797-1492 Harvey Government Center (First Floor) - Sam Steele - 305-295-5000 Harvey Government Center (Second Floor) - Von Woods - 305-797-1494 Historic Courthouse - Tom Pacini - 305-394-7763 Jefferson Browne (incl. Old Jail)— Tom Pacini - 305-394-7763 Lester Building - Tom Pacini - 305-394-7763 Freeman Justice Center- Tom Pacini - 305-394-7763 Key West Library— Kim Rinaldi -305-809-5256 Bayshore Manor— Willie DeSantis —305-797-1250 County Attorney Offices (#408) - Abra Campo or Brian Bradley - 305-292-3470 Public Defender Office (#301) — Kim Kocis -305-587-8807 Big Pine Key Library— Rob Rinaldi-305-809-6304 Blue Heron Community Center— Damarys Fernandez- 305-413-0488 Stock Island Fire Station #8 — Maria Altamarino— 305-289-6047 Big Pine Fire Station #13 - Maria Altamarino - 305-289-6047 Big Coppitt Key Fire Station #9 - Maria Altamarino - 305-289-6047 Sugarloaf Key Fire Station #10 - Maria Altamarino - 305-289-6047 Cudjoe Key Fire Station #11 - Maria Altamarino— 305-289-6047 Key West DMV — Sam Steele - 305-295-5000 Big Pine DMV— Damarys Fernandez-305-413-0488 Commissioner District 2 Big Pine Key Office - Damarys Fernandez -305-413-0488 Big Pine Key Community Center - Damarys Fernandez - 305-413-0488 Rockland Key Facilities and Roads Trailers (2) —Alice Steryou -305-292-4549 Rockland Fleet Garage - Joe Zoppy - 305-295-3673 Bernstein Park Community Center - Carlton Howard — 305-902-7175 Wilhelmina Harvey Park - Carlton Howard — 305-902-7175 Watson Field Dog Park - Carlton Howard — 305-902-7175 Higgs Beach Dog Park—Tony Roberts — 305-797-2532 West Martello --Tony Roberts — 305-797-2532 Big Pine Community Park - Carlton Howard — 305-902-7175 j Pine Channel Nature Park - Carlton Howard — 305-902-7175 i 3 j I 151 TOWERPE001 APAS UALINI ACORO"° CERTIFICATE OF LIABILITY INSURANCE FDATE(MM/DD/YYYY) `64 7/20/2023 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. 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 Amanda Pasqualini NAME: Riemer Insurance Group,Inc. PHONE FAX 754 202-0883 P O Box 250 (A/C,No,Ext): (A/C,No): Hallandale,FL 33008 E-MAIL apasqualini@riemerinsurance.com INSURERS AFFORDING COVERAGE NAIC# INSURERA:Im erium Insurance Company 35408 INSURED INSURER B:InfinityAuto Insurance Company 11738 Tower Pest Control,Inc. INSURER C:TechnologyInsurance Co. 42376 7760 West 20th Ave, Bay 14 INSURER D: Hialeah, FL 33016 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR IICGLO795602 7/22/2023 7/22/2024 DAMAGE TO RENTED 100,000 X X PREMISES Ea occurrence $ MED EXP(Any oneperson) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PRO LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ X ANY AUTO X 509820061744001 7/21/2023 7/21/2024 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 EXCESS LIAB CLAIMS-MADE IICEX0102002 7/22/2023 7/22/2024 AGGREGATE $ 4,000,000 DED RETENTION$ $ C WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER TWC4276158 7/22/2023 7/22/2024 1,000,000 ANY PROPRIETOR/ R/EXECUTIVE ❑ X E.L.EACH ACCIDENT $ EXCLUDED? OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) T EL DISEASE-EA EMPLOYEE $ D 1,000,000 yes,describe under ltrtG -E.L. DESCRIPTION OF OPERATIONS below `I ,".,.. E.L.DISEASE-POLICY LIMIT $ 1,000,000 B why" _X _. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Pest Control Operations Monroe County Board of County Commissioners,its employees and officals is included as Additional Insured with respects to General Liability&Auto Liability,Waiver of Subrogation with respects to the General Liability&Workers Compensation,applies as required by written contract,subject to policy terms,conditions and exclusions with regards to the Named Insured's operations. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe Count Board of Count Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y Y ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street Key West,FL 33040 AUTHORIZED REPRESENTATIVE ACORD 25(2016103) ©1988-2015 ACORD CORPORATION. All rights reser-152 The ACORD name and logo are registered marks of ACORD GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: September 27, 2023 TO: William DeSantis, Director Facilities Maintenance Chrissy Collins Executive Administrator Alice Steryou Contract Monitor FROM: Liz Yongue, Deputy Clerk SUBJECT: September 20, 2023 BOCC Meeting The following item has been executed and added to the record: C10 2nd Amendment to Agreement with Tower Pest Control, Inc. for Pest Control- Lower Keys, Monroe County, Florida, to apply a CPI-U increase of 3%, effective October 1, 2023. Funding is Ad Valorem, Parks and Beaches Fund 147, and TDC. The annual contract amount shall not exceed $43,340.00. 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 153 i . SECOND AMENDMENT TO AGREEMENT FOR PEST CONTROL - LOWER KEYS MONROE COUNTY, FLORIDA This Second Amendment to Agreement for Pest Control, Lower Keys, is made and entered into this 20th day of September 2023, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and TOWER PEST CONTROL, INC., a Florida Profit Corporation,authorized to do business in the State of Florida,("CONTRACTOR"),whose address is 7760 West 20 Ave., Bay 14, Hialeah, Florida 33016. WHEREAS, on September 21, 2022, the parties entered into an Agreement for Pest Control — Lower Keys ("Original Agreement") for the CONTRACTOR to provide pest control services for the Lower Keys Facilities owned by Monroe County; and WHEREAS,on March 22, 2023, the Board of County Commissioners("BOCC")approved the First Amendment to the Original Agreement, which deleted and added locations for monthly pest control; and WHEREAS, Paragraph 6 of the Original Agreement, as amended, provides that the contract amount may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI-U computation at December 31 of the previous year or 3%, whichever is less, and provides for three (3) optional one-year renewal periods to extend the term of the agreement; and WHEREAS, this Second Amendment to Agreement is to amend the Original Agreement to increase payment amounts by the annual CPI-U adjustment of three percent (3%), which was the lesser increase, effective October 1, 2023; and WHEREAS, the parties have found the Original Agreement to be mutually beneficial; and WHEREAS, the parties find that it would be mutually beneficial to enter into this Second Amendment to the Original Agreement to provide for the annual CPI-U adjustment of three percent (3%), pursuant to the terms of the Original Agreement. NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree to amend the Original Agreement as follows: 1 154 s� 1. In accordance with Paragraph 6 of the Original Agreement, the Contract amount may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index(CPI-U)for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI-U computation on December 31 of the previous year or 3% whichever is less. The CPI-U on December 31, 2022, was 6.5%,therefore the annual CPI-U increase shall be three percent (3%), effective as of October 1, 2023. 2. Paragraphs 5, C.and D., CONTRACT SUM AND PAYMENTS TO CONTRACTOR,of the Original Agreement, shall be amended to reflect the CPI-U increase,as follows: C. The cost of labor used by the contractor to fulfill the obligation of the Contract will be included in the following amounts of: FACILITY ADDRESS FREQUENCY TREATMENT Higgs Beach Dog Park 1000 Atlantic Blvd.,Key West Monthl $15COST y 4,50 West Marteuo 1100 Atlantic Blvd.,Key West Monthly $257 50 Bernstein Park 6751 5121 St.,Stock Island Monthly $154.50 Wilhelmina Harvey Park 360 Ave F.,Big Coppitt Quarterly $103.00 Pine Channel Nature Park 29550 Overseas Hwy., Big Pine Monthly $97.85 Big Pine Community Park 31009Atlantis Rd., Big Pine Monthly $309 00 Watson Field Dog Park 30150 South St.,Big Pine Monthly $154 50 Gato Building 1100 Simonton St., Key West Monthly $123.60 Harvey Government Center 1200 Truman Ave., Key West Monthly $97.85 Historic Courthouse 500 Whitehead St., Key West Monthly $97 85 Jefferson Browne(Ind.Old 502 Whitehead St.,Key West Monthly $97 85 Jail Lester Building 530 Whitehead St.,Key West Monthly $97.85 Freeman Justice Center 302 Fleming St.,Key West Monthly $97.85 Key West Library 700 Fleming St., Key West Monthly $61 80 Bayshore Manor 5200 College Road, Stock Monthly $97.85 Island County Attorney Offices 1111 12th St.,Suite 408, Monthly $41.20 Key West Public Defender Office#310 1111 12th St.,Suite 310, Monthly $41.20 Kev West Big Pine Key Library 213 Key Deer Blvd.,Big Pine Monthly $41.20 Key Blue Heron Community Center 30451 Lyttons Way,Big Pine Monthly $36.05 Big Pine DMV 247 Key Deer Blvd.,Big Pine Monthly $30.90 Comrnlssionef Lincoln Office 243 Key Beer Blvd.,Big Pine Monthly $30.90 Stock Island Fire Station#8 5655 MacDonald Ave.,Stock Monthly $46.35 bland Big Pine Key Fire Station#13 390 Key Deer Blvd.,Big Pine Monthly $46.35 Big Coppitt Key Fire Station#9 28 Emerald Dr.,Big Coppitt Monthly $46.35 Sugarioef Key Fire Station# 17097 Overseas Hwy., Monthly $46.35 10 Sugarloaf Key Cudjoe Key Fire Station#11 22352 Overseas Hwy.,Cud jve Monthly $46.35 Ke 2 155 k 2 Public Works Trailers and 123 Overseas Highway, Monthly $46.35 Fleet Garage @ Rockland Key Rockland Key Site Key West DMV 3304 N.Roosevelt Blvd.,Key Monthly $41.20 West I Total Annual Cost for Facilities Maintenance for eighteen (18) Locations, twenty- three (23) Buildings Is Fifteen Thousand Seven Hundred Fifty-nine and 00/100 ($15,759.00) Dollars. Total Annual Cost for Parks and Beaches for seven(7) Locations,three(3) Buildings Is Thirteen Thousand Nine Hundred Forty-six and 201100 ($13,946.20) Dollars. Facilities Maintenance and Parks and Beaches Departments shall be invoiced separately. There shall be no additional charges to the County for travel, mileage, meals, or lodging. D. Total Annual Compensation to CONTRACTOR under this Agreement shall not exceed Forty-three Thousand Three Hundred Forty and 001100 ($43,340.00) Dollars, unless pre-approved work requiring additional funds is implemented. 3. Except as set forth in Paragraphs 1 through 2 of this Second Amendment to Agreement, in all other respects, the terms and conditions set forth in the Original Agreement, as amended, remain in full force and effect. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] i 3 156 IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed this Second Amendment to Agreement on the day and year first written above and shall be deemed an original contract. 6 BOARD OF COUNTY COMMISSIONERS #: KEVIN MADOK CLERK OF MONK OUNTY FLORIDA 00`'t 10A Ann A By. As eputy Jerk ayor Date: Q 12D 11OL3 Witnesses for CONTRACTOR: CONTRACTOR:TOWER PEST © ti. CONTROL, INC. CQ LLJ By: Ffor\01co TOM Signature of person authorized to Signature legally bind CONTRACTOR Date: 11012023 Date Print Name Print Name and Title Address:.11-00 20 AC Signature 1 L\q l u i4VCGh, P 330tiko Telephone Number: 30 f 1INS08 Date Print Name NON ROE COUNTY ATTORNEY'S OFFICE VEDX TO FORM 4 PATRICIAMLES ASSISTANT&y8&ffORNEY DATE: �o// uU LLJJ_ 157 TOWERPE001 APAS UALINI ACORO"° CERTIFICATE OF LIABILITY INSURANCE FDATE(MM/DD/YYYY) `64 7/20/2023 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. 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 Amanda Pasqualini NAME: Riemer Insurance Group,Inc. PHONE FAX 754 202-0883 P O Box 250 (A/C,No,Ext): (A/C,No): Hallandale,FL 33008 E-MAIL apasqualini@riemerinsurance.com INSURERS AFFORDING COVERAGE NAIC# INSURERA:Im erium Insurance Company 35408 INSURED INSURER B:InfinityAuto Insurance Company 11738 Tower Pest Control,Inc. INSURER C:TechnologyInsurance Co. 42376 7760 West 20th Ave, Bay 14 INSURER D: Hialeah, FL 33016 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR IICGLO795602 7/22/2023 7/22/2024 DAMAGE TO RENTED 100,000 X X PREMISES Ea occurrence $ MED EXP(Any oneperson) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PRO LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ X ANY AUTO X 509820061744001 7/21/2023 7/21/2024 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 EXCESS LIAB CLAIMS-MADE IICEX0102002 7/22/2023 7/22/2024 AGGREGATE $ 4,000,000 DED RETENTION$ $ C WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER TWC4276158 7/22/2023 7/22/2024 1,000,000 ANY PROPRIETOR/ R/EXECUTIVE ❑ X E.L.EACH ACCIDENT $ EXCLUDED? OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) T EL DISEASE-EA EMPLOYEE $ D 1,000,000 yes,describe under ltrtG -E.L. DESCRIPTION OF OPERATIONS below `I ,".,.. E.L.DISEASE-POLICY LIMIT $ 1,000,000 B why" _X _. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Pest Control Operations Monroe County Board of County Commissioners,its employees and officals is included as Additional Insured with respects to General Liability&Auto Liability,Waiver of Subrogation with respects to the General Liability&Workers Compensation,applies as required by written contract,subject to policy terms,conditions and exclusions with regards to the Named Insured's operations. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe Count Board of Count Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y Y ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street Key West,FL 33040 AUTHORIZED REPRESENTATIVE ACORD 25(2016103) ©1988-2015 ACORD CORPORATION. All rights reser-158 The ACORD name and logo are registered marks of ACORD Kevin Madok, cm yyO: 'gyp V'. 3' .. ..`'� Clerk of the Circuit Court&Comptroller—Monroe County, Florida R°F coo DATE: April 17, 2023 TO: Alice Steryou Contract Monitor FROM: Pamela G. Hanc c , .C. SUBJECT: March 22'BOCC Meeting Attached is an electronic copy of die following item for your handling: T7 1"Amendment to Agreement with Tower Pest Control, Inc. for Lower Keys Pest Control Services at county facilities to terminate one location and add parks&beaches locations which increases the annual, not to exceed, amount from $29,000.00 to $43,340.00. 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 159 FIRST AMENDMENT TO AGREEMENT FOR PEST CONTROL - LOWER KEYS MONROE COUNTY, FLORIDA This First Amendment to Agreement for Pest Control, Lower Keys is made and entered into this 22nd day of March 2023, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and Tower Pest Control, Inc., a Florida Profit Corporation, authorized to do business in the State of Florida, ("CONTRACTOR"), whose address is 7760 W 20 Ave., Bay 14, Hialeah, Florida 33016. WHEREAS, on September 21, 2022, the parties entered into an Agreement for Pest Control — Lower Keys ("Original Agreement") for the CONTRACTOR to provide pest control services for the Lower Keys Facilities owned by Monroe County; and WHEREAS, CONTRACTOR desires and is able to provide pest control services for additional locations and delete a location within the Lower Keys as outlined in the below SWope of work; and WHEREAS, this First Amendment serves to amend the Original Agreement to update certain provisions, incorporate and include the CONTRACTOR's scope of services to be provided at the additional Lower Keys locations and terminate one (1) location as outlined in the below Scope of Work; WHEREAS, the parties have found the Original Agreement to be mutually beneficial; and; WHEREAS, the parties find that it would be mutually beneficial to enter into this First Amendment to the Original Agreement for termination of certain pest control services and for additional pest control services; NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree to amend the Original Agreement as follows: 1. Paragraph 2, SCOPE OF WORK, of the Original Agreement shall be amended by deleting the current Paragraph 2 of the Agreement and replacing it with the following paragraph and the updated Exhibit "A" — Revised, attached hereto: 2. SCOPE OF WORK The Scope of Work shall include, but not be limited to, all work and / or services shown and listed in Exhibit "A" - Revised, which is attached hereto and made a part hereof. The Contractor is required to provide a complete job as contemplated by this Scope of 160 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. 2. The Scope of Work shall be amended to incorporate and include the following additional COUNTY facilities and CONTRACTOR's services: Public Defender's Office, Suite 310, Key West, Interior—Treated Monthly Bernstein Park Community Center, Interior and Exterior Perimeter- Treated Monthly Wilhelmina Harvey Park, Exterior pest control for fleas, ticks, and ants, Wasp Nests as needed -Treated Quarterly Watson Field Dog Park, Exterior flea and tick control- Treated Monthly Higgs Beach Dog Park, Exterior flea and tick control- Treated Monthly West Martello, Interior pest control and Exterior perimeter treatment, including rodent control- Treated Monthly Big Pine Community Park Playground and Lawn, Exterior ant control including Wasp Control- Treated Monthly Pine Channel Nature Park, Rodent control and Interior and Exterior ant and Wasp Control to bathroom area- Treated Monthly The scope of work shall be amended to incorporate and terminate the following COUNTY facility and CONTRACTOR's services: Future Public Defender's Office, Simonton Street, Interior and Exterior—Treated Monthly 3. Paragraph 5, CONTRACT SUM AND PAYMENTS TO CONTRACTORS of the Original Agreement, shall be amended as follows: C. The cost of labor used by the contractor to fulfill the obligation of the Contract will be included in the following amounts of: FACILITY ADDRESS FREQUENCY TREATMENT COST Higgs Beach Dog Park 1000 Atlantic Blvd., Key West Monthly $150.00 West Martello 1100 Atlantic Blvd., Key West Monthly $250.00 Bernstein Park 6751 51h St., Stock Island Monthly $150.00 Wilhelmina Harvey Park 360 Ave F., Big Coppitt Quarterly $100.00 Pine Channel Nature Park 29550 Overseas Hwy, Big Pine Monthly $95.00 Big Pine Community Park 31009 Atlantis Rd., Big Pine Monthly $300.00 Watson Field Dog Park 30150 South St., Big Pine Monthly $150.00 161 Gato Building 1100 Simonton St., Key West Monthly $120.00 Harvey Government Center 1200 Truman Ave., Key West Monthly $95.00 Historic Courthouse 500 Whitehead St., Key West Monthly $95.00 Jefferson Browne (incl. Old 502 Whitehead St., Key West Monthly $95.00 Jail) Lester Building 530 Whitehead St., Key West Monthly $95.00 Freeman Justice Center 302 Fleming St.,Key West Monthly $95.00 Key West Library 700 Fleming St., Key West Monthly $60.00 Bayshore Manor 5200 College Road, Stock Monthly $95.00 Island County Attorney Offices 1111 12th St., Suite 408, Monthly $40.00 Key West Public Defender Office#310 1111 12th St., Suite 310, Monthly $40.00 Key West Big Pine Key Library 213 Key Deer Blvd., Big Pine Monthly $40.00 Key Blue Heron Community Center 30451 Lyttons Way, Big Pine Monthly $35.00 Big Pine DIVIV 247 Key Deer Blvd, Big Pine Monthly $30.00 Commission Coldiron Office 243 Key Deer Blvd, Big Pine Monthly $30.00 Stock Island Fire Station#8 5655 MacDonald Ave., Stock Monthly $45.00 Island Big Pine Key Fire Station#13 390 Key Deer Blvd., Big Pine Monthly $45.00 Big Coppitt Key Fire Station#9 28 Emerald Dr., Big Coppitt Monthly $45.00 Sugarloaf Key Fire Station# 17097 Overseas Hwy., Monthly $45.00 10 Su arloaf Key Cudjoe Key Fire Station#11 22352 Overseas Hwy., Cudjoe Monthly $45.00 Key 2 Public Works Trailers and 123 Overseas Highway, Monthly $45.00 Fleet Garage @ Rockland Key Rockland Key Site Key West DMV 3304 N. Roosevelt Blvd., Key Monthly $40.00 West Total Annual Cost for Facilities Maintenance for nineteen (19) Locations, (23) Buildings is Fifteen Thousand Three Hundred and 00/100 ($15,300.00) Dollars Total Annual Cost for Parks and Beaches for seven (7) Locations, (3) Buildings is Thirteen Thousand Five Hundred Forty and 00/100 ($13,540.00) Dollars Facilities Maintenance and Parks and Beaches Departments shall be invoiced separately. There shall be no additional charges to the owner for travel, mileage, meals, or lodging. D. Total Annual Compensation to CONTRACTOR under this Agreement shall not exceed Forty- three Thousand Three Hundred Forty and 00/100($43,340.00) Dollars, unless pre-approved work requiring additional funds is implemented. 4. Except as set forth in Paragraphs 1 through 3 of this First Amendment to Agreement, in all other respects, the terms and conditions set forth in the Original Agreement remain in full force and effect. 162 IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed this First Amendment to Agreement on the day and.year first written above and shall be deemed an ontract. 1 23 BOARD OF COUNTY COMMISSIONERS MADOK, CLERK OF MONROE TY, FLO A CSC C�4tiTv By: By: As Deputy Clerk Mayor Date: J'-7-I Z 3 Witnesses for CONTRACTOR: CONTRACTOR: TOWER PEST m rn CO OL, 1 115 C'> '0 o -{ C': By: a" � W q_ L� Signature-of person authorized to ature legally bind CONTRACTOR pate: 3 I.ly 12 3 3114I Z� .3 AKI Nff't F(GnLi([a TbUf_ Mcts140t Date Print Name Print Name and Title Address: 31W �I• .20 A�( Signature S1 j Jy N1GIeah Fe 33b1b has�2►- 8 Telephone Number �1��127 Cat rc'\M La YcA Date Print Name MONROE COUNTY ATTORNEYS OFFICE -- VEDASTO PATRICIA FABLES ASSISTANT COUNTY ATTORNEY DATE: 3/14/ 07 3 163 EXHIBIT "A" - Revised SCOPE OF WORK 164 INTENT AND SCOPE OF WORK This specification describes minimum requirements to cover the furnishing of all necessary labor, materials, equipment, and other resources needed to control pest(s) in buildings and parks owned or leased by the Monroe County Board of County Commission. The object of this service is to effectively control and eradicate insects, roaches, palmetto bugs, silverfish, vermin, ants, wasps, fleas, mites, bedbugs, scorpions, millipedes and rodents (excluding termites). All work performed shall be to the satisfaction of the Facilities Maintenance Director or designee. All County buildings requiring pest control services are shown on the List of facilities. Additional buildings may be added to the List of facilities, at any point during the contract, as required by the County. A monthly cost for each additional building will be negotiated with the Contractor. After contract award, the County reserves the right to add additional related items to this contract. price quotes will be obtained from the Contractor for the additional items. Contractor agrees and understands that the contract shall not be construed as an exclusive arrangement and further agrees that the County may, at any time, secure similar or identical services from another supplier at the County's sole option. TREATMENT SCHEDULE 1. A thorough inspection and treatment as described herein shall be performed once every thirty (30) calendar days for all areas. In the event this treatment does not control pests to the complete satisfaction of the Facilities Maintenance Director or designee, the Contractor may be subject to an average of one recall per location during each 30-day period for additional treatment at no additional cost. Such notification shall be in writing from the contract monitor. 2. Treatment will include but not be limited to: interior and exterior perimeter General Household Pest Control for Facilities. Rodent monitoring as needed. 3. Contractor shall complete and post approved spray notices at all facility locations at least twenty-four (24) hours prior to spraying - see Exhibit "B" attached hereto and made a part hereof. 4. Buildings requiring after hours treatment shall be treated on the third (3 d) Saturday of every month unless otherwise pre-approved by the Director of Facilities Maintenance or his/her designee. 5. Contractor must take note that all Parks and Beaches locations are open to the public. Care shall be taken to avoid heavy recreational times. A minimum of 48 hours notice shall be required before chemical spraying. Weekend spraying of the parks will not be permitted except in extreme, pre-approved instances. STATEMENT OF CONDITIONS FOUND AND TREATMENT RENDERED Following each visit and inspection of a building, the Contractor shall email a report in writing to the Facilities Maintenance Director or designee, stating the conditions that existed and the proper treatment rendered. This notice shall be on a form agreed upon between the Contractor and the Facilities Maintenance Director or designee. RESTRICTIONS ON THE USE OF PEST CONTROL MATERIALS A. All rodenticide and/or traps shall be placed only at times and in areas to assure maximum safety. 165 B. No pest control and/or traps shall be placed where any visitor may recover them. C. The use of rodenticide shall be restricted to areas NOT accessible to the general public. D. A record of materials used and where used shall be made in duplicate, one (1) copy to the Facilities Maintenance Director and one (1) copy to the Contractor. REMOVAL OF DEAD RODENTS All dead or dying rodents shall be removed by the Contractor and disposed of to the satisfaction of the Facilities Maintenance Director or designee. LOCATION CONTACTS Contractor shall coordinate monthly activities with Monroe County contacts as listed below: Facilities Maintenance Contract Monitor: Alice Steryou —305 292-4549 Parks & Beaches Contract Monitor: Tammy Acevedo —305 453-8776 Gato Building - Enrique Gonzalez - 305-797-1492 Harvey Government Center (First Floor) -Sam Steele 305-295-5000 Harvey Government Center (Second Floor)-Von Woods-305-797-1494 Historic Courthouse - Tom Pacini - 305-394-7763 Jefferson Browne (incl. Old Jail) Tom Pacini - 305-394-7763 Lester Building Debra Tom Pacini - 305-394-7763 Freeman Justice Center- Tom Pacini - 305-394-7763 Key West Library Kim Rinaldi-305-809-5256 Bayshore Manor— Willie Desantis —305 797-1250 County Attorney Offices (#408) Abra Campo or Brian Bradley - 305-292-3470 Public Defender Office (#301) Kim Kocis -305-587-8807 Big Pine Key Library Rob Rinaldi -305-809-6304 Blue Heron Community Center— Damarys Fernandez- 305-413-0488 Stock Island Fire Station #8 — Maria Altamarino—305-289-6047 Big Pine Fire Station #13 - Maria Altamarino - 305-289-6047 Big Coppitt Key Fire Station #9- Maria Altamarino - 305-289-6047 Sugarloaf Key Fire Station #10 Maria Altamarino - 305-289-6047 Cudjoe Key Fire Station #11 Maria Altamarino—305-289-6047 Key West DMV— Sam Steele 305-295-5000 Big Pine DMV— Damarys Fernandez- 305-413-0488 Commissioner District 2 Big Pine Key Office-Damarys Fernandez- 305-413-0488 Rockland Key Facilities and Roads Trailers (2)—Alice Steryou 305-292-4549 Rockland Fleet Garage-Joe Zoppy-305-295-3673 Bernstein Park Community Center- Carlton Howard — 305-902-7175 Wilhelmina Harvey Park- Carlton Howard — 305-902-7175 Watson Field Dog Park- Carlton Howard — 305-902-7175 Higgs Beach Dog Park—Tony Roberts — 305-797-2532 West Martello —Tony Roberts — 305-797-2532 Big Pine Community Park - Carlton Howard — 305-902-7175 Pine Channel Swim Hole - Carlton Howard — 305-902-7175 166 TOWERPE001 APASQUALINI �►co�ro,,, CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) `.�• 9/2/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Amanda Pasqualini Riemer Insurance Group,Inc. PHONE FAX P O Box 250 (A/C,No,Ext): (754)202-0883 (A/C,No): Hallandale,FL 33008 ABDRESs:apasqualini@riemerinsurance.com INSURERS AFFORDING COVERAGE NAIC# INSURERA:Im erium Insurance Company 35408 INSURED INSURER B:InfinityAuto Insurance Company 11738 Tower Pest Control,Inc. INSURERC:Technology Insurance Co. 42376 7760 West 20th Ave,Bay 14 INSURER D: Hialeah,FL 33016 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY EIE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MMIDD/YYYY MMIDD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR IICGL0795601 7/22/2022 7/22/2023 DAMAGE TO RENTED 100 000 X X PREMISES Ea occurrence $ MED EXP(Any oneperson) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PELT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ X ANY AUTO X 509820061744001 7/21/2022 7/21/2023 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ A UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 X EXCESS LIAB CLAIMS-MADE IICEX0102001 7/22/2022 7/22/2023 AGGREGATE $ 2,000,000 DED X RETENTION$ 0 $ C WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER X TWC4122677 7/22/2022 7/22/2023 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,UUU If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Pest Control Operations Monroe County Board of County Commissioners,its employees and officals is included as Additional Insured with respects to General Liability&Auto Liability,Waiver of Subrogation with respects to the General Liability&Workers Compensation,applies as required by written contract,subject to policy terms,conditions and exclusions with regards to the Named Insured's operations. By ._ .. , CERTIFICATE HOLDER CANCELLATION DA SHOULD ANY OF THE WAS THE EXPIRATION UA I t I IytKLUt-, NU I K:t WILL it UtLIVtKtU IN Monroe County Board Of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street Key West,FL 33040 AUTHORIZED QQ , REPRESENTATIVE 4) ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reser167 The ACORD name and logo are registered marks of ACORD IICGL50041017 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL LIABILITY BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY DECLARATION In addition to words and phrases contained in the Commercial General Liability Coverage Form, other words and phrases that appear in quotation marks have special meaning. Refer to Paragraph VI. DEFINITIONS of this endorsement. For the purposes of the coverage provided by this endorsement these definitions apply in place of their definitions stated elsewhere in the policy. The following provisions apply only with respect to the coverage provided by this endorsement. However, the coverage expansions provided throughout this endorsement do not apply if coverage is excluded either by the provisions of the Coverage Part or by endorsement. I. COVERAGE A— BODILY INJURY AND PROPERTY DAMAGE LIABILITY A. Non-Owned Watercraft Paragraph 2.g. (2)(a) of SECTION I -COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced with the following: (a) Less than 51 feet long; and B. Property Damage Extension The following is added to Exclusion j.: 1. Borrowed Equipment Paragraphs (3) and (4) of this exclusion do not apply to "property damage"to borrowed equipment while not being used to perform operations at the job site. 2. Elevators The following is added to Exclusion j.: Paragraphs (3) and (4) of this exclusion do not apply to "property damage" arising from the use of elevators. II. SUPPLEMENTARY PAYMENTS-COVERAGES A AND B In the SUPPLEMENTARY PAYMENTS—COVERAGES A AND B: A. The limit for the cost of bail bonds is increased from $250 to $1,000; and B. The limit for loss of earnings is increased from $100 a day to $500 a day. III. WHO IS AN INSURED A. Paragraph 2. Under SECTION II—WHO IS AN INSURED is expanded to include the following: 1. Additional Insured by Contract, Agreement or Permit Any person(s) or organization(s) is an additional insured when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person(s) or organization(s) be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement. IIC GL 50 04 10 17 Includes copyright material of Insurance Services Office, Inc., Page 1 of 7 with its permission. 168 IICGL50041017 A person or organization is an additional insured under this provision only for that period of time required by the contract or agreement. However, no such person or organization is an insured under this provision if such a person or organization is included as an insured by an endorsement issued by us and made part of this Coverage Part. a. Vendors Any person(s) or organization(s) (referred to herein as vendor)with whom you agreed, because of a written contract or agreement to provide insurance, but only with respect to "bodily injury" or "property damage" arising out of"your products"which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: (1) The insurance afforded the vendor does not apply to: (a) "Bodily injury"or"property damage"for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c)Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e)Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, services or repair operations, except such operations performed at the vendor's premises in connection with the sale of the products; (g)Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. (h)"Bodily Injury" or"Property Damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: i. The exceptions contained in contained in Subparagraphs(d)or(f); or ii. Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution of sale of the products. (2)Any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors or Equipment (1)Any person(s) or organization(s)from whom you lease equipment, but only with respect to liability for"bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment lease to you by such person(s)or organization(s). (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to any"occurrence"which takes place after the equipment lease expires. c. Lessors of Land or Premises Any person(s) or organization(s)from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you, and subject to the following additional exclusions: This insurance does not apply to: IIC GL 50 04 10 17 Includes copyright material of Insurance Services Office, Inc., Page 2 of 7 with its permission. 169 IIC GL 50 04 10 17 (1)Any"occurrence"which takes place after you cease to be a tenant in that premises. (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers or Surveyors (1)Any architect, engineer, or surveyor engaged by you but only with respect to liability for"bodily injury" "property damage"or"personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In connection with your premises; or (b) In the performance of your ongoing operations. (2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury"or"property damage"or"personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b)Supervisory, inspection, architectural or engineering activities. e. Permits Issued By State or Political Subdivisions Any state or governmental agency or subdivision or political subdivision but only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. The insurance does not apply to: (1) "Bodily injury", "property damage"or"personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (2) "Bodily injury"or"property damage" included within the "products-completed operations hazard". f. Any Other Party Any other person(s)or organization(s)who is not an insured under Paragraph a. through e. above, but only with respect to liability for"bodily injury", "property damage"or"personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the performance of your ongoing operations; (2) In connection with your premises owned by or rented to you; or (3) In connection with "your work" and included within the "products-completed operation hazard", but only if: (a) The written contract or agreement requires you to provide such a coverage to additional insureds; and (b)The Coverage Part provides coverage for"bodily injury" or"property damage" included within "products-completed operations hazard". With respect to the insurance afforded to these additional insureds, this coverage does not apply to: "Bodily injury", "property damage"or"personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or filing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspections, architectural or engineering activities. The limit of insurance that apply to additional insureds under this extension is described in SECTION III— LIMITS OF INSURANCE. IIC GL 50 04 10 17 Includes copyright material of Insurance Services Office, Inc., Page 3 of 7 with its permission. 170 IICGL50041017 How this Insurance applies when other insurance is available to the additional insured is described in the Other Insurance Condition in SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS. 2. Subsidiaries Any subsidiary and subsidiary thereof of yours, which is a legally incorporated entity, of which you own a financial interest of more than 50% of the voting stock on the effective date of the Coverage Part. The insurance afforded herein for any subsidiary not named in this Coverage part as a named insured does not apply to injury or damage with respect to which an insured under this Coverage Part is also an insured under another policy or would be an insured under such policy but for its termination or the exhaustion of its limits of insurance. 3. Newly formed Or Acquired Organizations Paragraph 3.a. of SECTION II—WHO IS AN INSURED, is increased from goth day to 180th day. However, this expansion does not apply if coverage for newly formed or acquired organizations is excluded either by the provisions of the Coverage Part or by endorsement. IV. LIMITS OF INSURANCE A. Damage to Premises Rented To You Paragraph 6. of SECTION III—LIMITS OF INSURANCE is replaced with the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of"property damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner. The most we will pay in any one "occurrence" is the higher of the following: (a) $300,000; or (b)The amount shown in the Declarations for Damages To Premises Rented to You Limit. B. Medical Payments Paragraph 7. of SECTION III—LIMITS OF INSURANCE is replaced with the following: 7. Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of"bodily injury" sustained by any one person. The most we will pay because for"bodily injury" sustained by any one person is the higher of the following; a. $10,000; or b. The amount shown in the Declarations for Medical Expense Limit. V. SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS The following items are amended: A. Duties In The Event Of Accident, Claim, Suit Or Loss The following items are added to Paragraph 2. of SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS: e. Additional Insurance Other Insurance If we cover a claim or"suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or"suit"to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written agreement that this insurance is primary and non-contributory with the additional insured's own insurance. IIC GL 50 04 10 17 Includes copyright material of Insurance Services Office, Inc., Page 4 of 7 with its permission. 171 IIC GL 50 04 10 17 f. Knowledge Of An Occurrence, Offense, Claim or Suit Paragraph a. and b. apply to you or to any additional insured only when such "occurrence", offense, claim or"suit" is known to: (1) You or any additional insured that is an individual; (2)Any partner, if you or an additional insured is a partnership; (3)Any manager, if you or an additional insured is a limited liability company; (4)Any"executive officer" or insurance manager, if you or an additional insured is a corporation; (5)Any trustee, if you or an additional insured is a trust; or (6)Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. This duty applies separately to you and any additional insured. B. Other Insurance The following items are added to paragraph 4.b. of SECTION IV- COMMERCIAL GENERAL LIABILITY CONDITIONS: (1) This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis; (a) Property Damage to Borrowed Equipment or Use of Elevators If the loss arises out of"property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion j. of SECTION I -COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY; (b)When You Are Added As An Additional Insured To Other Insurance Any other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for products and completed operations, for which you have been added as an additional insured by that insurance; or (c)When You Add Others As An Additional Insured To This Insurance Any other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this coverage part: i. Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. Method of Sharing, in the policy. ii. Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement, or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs a. and b. do not apply to other insurance to which the additional insured has been added as an additional insured. C. Representations Paragraph 6. of SECTION IV- COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced with the following: a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; IIC GL 50 04 10 17 Includes copyright material of Insurance Services Office, Inc., Page 5 of 7 with its permission. 172 IICGL50041017 (2) Those statements are based upon representation you made to us; and (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure to Disclose Hazards If you unintentionally fail to disclose any hazards existing at the inception date or your policy, we will not deny coverage under this Coverage Part because of such failure. However, you must report such error or omission to us as soon as practicable after its discovery. D. Transfer Of Rights OF Recovery Against Others To Us Paragraph 8. of SECTION IV- COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced with the following: If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit"or transfer those rights to us and helps us enforce them. However, we waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any"occurrence"or"suit" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. VI. DEFINITIONS A. Amended Definitions 1. Advertisement The following is added to the definition of"advertisement": However, "advertisement"does not include: The design, printed material, information or images contained in, on or upon the packaging or labeling of any goods or products; or An interactive conversation between or among persons through a computer network. 2. Coverage Territory Final paragraph in the definition of"coverage territory" is replaced by the following: Provided the insured's responsibility to pay damages is determined in the United States of America (including its territories and possessions), Puerto Rico or Canada, in a "suit" on the merits according to the substantive law in such territory or in a settlement we agree to. 3. Insured Contract (1) Paragraph a. in the definition of"insured contract" is replaced by the following: A contract for a lease of premises. However, that portion of the contract for a lease of premises while rented to you or temporarily occupied by you with permission of the owner is subject to the Damage To Premises Rented To You Limit described in SECTION III- LIMITS OF INSURANCE. (2) The First paragraph of Paragraph f. in the definition of"insured contract" is replaced by the following: That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for"bodily injury" or"property damage" to a third person or organization, provided the "bodily injury" or"property damage" is caused, in whole or in part, by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. IIC GL 50 04 10 17 Includes copyright material of Insurance Services Office, Inc., Page 6 of 7 with its permission. 173 IICGL50041017 4. Mobile Equipment Paragraph f. (1) in the definition or"mobile equipment" is replaced by the following: (1) Equipment, of at least 1,000 pounds gross vehicle weight, designed primarily for: 5. Personal and Advertising Injury Paragraph f. in the definition of"personal and advertising injury" is replaced by the following; f. Copying, in your"advertisement", a person's or organization's "advertising idea" or style of "advertisement". B. Added Definitions "Advertising idea" means any idea for an "advertisement". IIC GL 50 04 10 17 Includes copyright material of Insurance Services Office, Inc., Page 7 of 7 with its permission. 174 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC OO O3 13 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone Iliiablle for an injury covered by this policy. We willll not enforce our right against the person or organization named in the Schedule. (This agreement applies onily to the extent that you perform work under a written contract that reqluires you to obtain this agreement from ius.) This agreement shaJlll not operate directly or indirectly to, beniefiit anyone not named in the Schedule. Schedule Any person or organiczation as required by written contract This endorsement changes the pollicy to,whiich iit Is attached and Is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 7/22/2022 Policy No. TWC4122677 Endorsement No. 2 Insured Tower Pest Contr6l, Inc. Premium $ 7,045 Insurance Company Technology Insurance Company, Inc. Counitersigned by WC 010 013 13 (Ed. 04-84) 175 Kevin Madok, cpA Clerk of the Circuit Court& Comptroller— Monroe County, Florida DATE: October 6, 2022 TO: Alice Steryou Contract Monitor FROM: Parricla G. Hancocy, ).C. SLTEJJECT: September 21" B()CC .\1ccti11g Attached are electronic copies ol'tlic following items for your lian(Iling: C 15 Agri-eenient witliTower Pest Control, Inc., for Lower Keys Pest Control Services at County facilities witlian annual amount not to exceed $29,000.00. Funding is ad valorem. C21 2n(1 Amendment toAgi-ccincrit witli Gan's Plumbing an(l Fire, 111c., for Full Nlai'mcnance Fire Protection Services at County lacilitics to increase dic contract amount by the CP1-U ol'7%an(l renew the Agreement for the first offi)ur optional one-}-car renewals. Funding is a(l \'alorern. Slioul(l you liavc auy questious please feel free to contact nic at (305) 292-3550. cc: County Attorney' Fulaucc 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 176 AGREEMENT FOR PEST CONTROL - LOWER KEYS MONROE COUNTY, FLORIDA This Agreement is made and entered into this 21st day of September 2022, between MONROE COUNTY,FLORIDA("COUNTY"), a political subdivision of the State of Florida,whose address is 1100 Simonton Street, Key West, Florida 33040, and TOWER PEST CONTROL, INC., a Florida Profit Corporation, authorized to do business in the State of Florida, ("CONTRACTOR"), whose address is 7760 West 20 Ave., Bay 14, Hialeah, Florida 33016. WHEREAS, COUNTY desires to contract for the performance of the work or services described in Exhibit"A"; and WHEREAS, CONTRACTOR desires to and is able to perform the worts or services described in attached Exhibit "A"; and WHEREAS, it serves a legitimate public purpose for CONTRACTOR to perform the work or services, as described in attached Exhibit 'A" for Monroe County; NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: I. THE AGREEMENT The Agreement consists of this document, the Request for Proposals ("RFP") documents, exhibits, any addenda,the response to the RFP, and all required insurance documentation, only. 2. SCOPE OF WORK The Scope of Work shall include, but not be limited to, all work and I or services shown and listed in Exhibit "A", which is attached hereto and made a part hereof. The Contractor is required to provide a complete job as contemplated by this Scope of Work. The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies, permits, if any are necessary, and any other means of construction or worts necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated, or as amended throughout the term of this Agreement. 3. PERSONNEL Communication between the County Representative and the Contractor's personnel is very important. Therefore,the Contractor must assure that at least one(1)of its personnel per building can communicate well in the English language with the County 1 177 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. The business must be licensed by the State of Florida, Department of Agriculture and Consumer Services, Bureau of Entomology and Pest Control. A Florida Certified Pesticide Applicator's License must be submitted prior to any pesticide application. Service technicians must have the applicable licensing with them at all times. Operating licensing must be in the category of General Household Pest & Rodent Control. A copy of renewed licensing must be submitted to the Contract Monitor each year.The Contractor must insure that trained personnel with proper licensing apply pesticides. For more information, refer to the Structural Pest Control Act, Chapter 482, Florida Statues. 4. BACKGROUND CHECKS 1 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. The Contractor will be responsible for the supervision, hiring and firing of their own employees, and shall be solely responsible for the pay, worker's compensation insurance, and benefits. Some work will be conducted at secure facilities, including, but not limited to law enforcement and fire rescue. Background checks, including at a minimum. A. Warrants check; B. Fingerprints; C. Local Records check; D. Prior employment check; and E. Criminal History check are required of Contractor's personnel that will enter Monroe County Sheriff's Office ("MCSO") facilities. Background checks on such personnel will be conducted by the MCSO. 2 178 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. 5. CONTRACT SUM AND PAYMENTS TO CONTRACTOR A. Monroe County's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners ("BOCC"). County shall pay in accordance with the Florida Local Government Prompt Payment Act and Monroe County Code; payment will be made after delivery and inspection by County and upon submission of a proper invoice by Contractor. B. Contractor shall submit to County invoices no later than fifteen (15) days after inspections/repairs with supporting documentation acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. If any additional issues are found, the County must be notified in writing within twenty-four (24) hours, including a correction proposal. Monroe County's Fiscal Year is October 1st through September 30th. 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 cost of labor used by the Contractor to fulfill the obligation of the Contract will be included in the following amounts of: FACILITY ADDRESS FREQUENCY TREATMENT COST Gato Building 1100 Simonton St., Key Monthly $120.00 West Harvey Government Center 1200 Truman Ave., Key Monthly $95.00 West Historic Courthouse 500 Whitehead St., Key Monthly $95.00 West Jefferson Browne (incl Old 502 Whitehead St., Key Monthly $95.00 Jai!) West Lester Building 530 Whitehead St., Key Monthly $95.00 West Freeman Justice Center 302 Fleming St.,Key West Monthly $95 00 3 179 Key West Library 700 Fleming St , Key West Monthly $$0 00 Bayshore Manor 5200 College Road, Stock Monthly $95 00 lsland County Attorney Offices 1111 12th St., Suite 408, Monthly $40.00 Key West Big Pine Key Library 213 Key Deer Blvd.,Big Pine Monthly $40.00 Ke Blue Heron Community Center 30451 Lyttons Way, Big Pine Monthly $35 00 Ke Big Pine DMV 247 Key Deer Blvd, Big Pine Monthly $30.00 Ke Commissioner Coldiron's Office 243 Key Deer Blvd, Big Pine Monthly $30.00 Ke Stock Island Fire Station#8 5655 MacDonald Ave., Monthly $45.00 Stock Island Big Pine Key Fire Station#13 390 Key Deer Blvd„ Big Pine Monthly $45 OQ Ke Big Coppitt Key Ftre Station#9 28 Emerald Dr.,Big Coppitt Monthly $45.00 Ke Sugarloaf Key Fire Station# 10 V097 Overseas Hwy Monthly $45.00 Sugarloaf Ke Cudjoe Key Fire Station #11 22352 Overseas Hwy , Monthly $45.00 Cud oe K Future Public Defender's Office 316 Simonton St., Key West Monthly $45.00 2 Public Works Trailers and 123 Overseas Highway, Monthly $45.00 Fleet Garage @ Rockland Key Rockland Key Site Key West DMV 3304 N. Roosevelt Blvd , Key Monthly $40.00 West Total Annual Cost for twenty-one (21) Locations, (23) Buildings is Fifteen Thousand Three Hundred Sixty and 001100 ($15,360.00) Dollars. There shall be no additional changes to the Owner for travel, mileage, meals, or lodging. D. Total Annual Compensation to CONTRACTOR under this Agreement shall not exceed Twenty-nine Thousand and 001100($29,000.00) Dollars, unless pre-approved work requiring additional funds is implemented. 6. TERM OF AGREEMENT This two (2)year Agreement shall commence on October 1, 2022, and ends upon September 30, 2024, unless terminated earlier under paragraph 21 of this Agreement. The County shall have the option to renew this Agreement for up to an additional three (3) 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. The Contract amount may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers 4 180 as reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI-U computation at December 31 of the previous year or 3%, whichever is less. 7. LICENSES Contractor has, and shall maintain throughout the term of this Agreement, appropriate licenses. Proof of such licenses shall be submitted to the County upon execution of this Agreement and annually thereafter or upon any renewal. 8. MAINTENANCE OF RECORDS Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven (7) years from the termination of this Agreement or five (5) years from the submission of the final expenditure report as per 2 CFR§200,33, if applicable,whichever is greater. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven (7) years following the termination of this Agreement. 9. RIGHT TO AUDIT Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files(including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by County or the Monroe County Office of the Clerk of Court and Comptroller(hereinafter referred to as"County Clerk") to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in County's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as"Records") shall be open to inspection and subject to audit and/or reproduction by County's representative and/or agents or the County Clerk. County or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors representatives. All records shall be kept for ten (10) years after Final Completion of the Project. The County Clerk possesses the independent authority to conduct an audit of Records, assets, and activities relating to this Project. If any auditor employed by Monroe County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Section 55.03, F.S., running from the date 5 181 the monies were paid to Contractor. The right to audit provisions survives the termination of expiration of this Agreement. 10. PUBLIC RECORDS COMPLIANCE Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of Article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other"public record"materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Fla. Stat., Sec. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract,the Contractor shall destroy any duplicate public records that 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. 5 182 (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119 FLORIDA STATUTES TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT CONTACT THE CUSTODIAN OF PUBLIC RECORDS BRIAN BRADLEY AT PHONE NO. 305-292-3470 BRADLEY-BRIAN MONROECOUNTY-FL.GOV MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH STREET SUITE 408 KEY WEST FL 33040. 11. HOLD HARMLESS, INDEMNIFICATION, DEFENSE, AND INSURANCE Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify, and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors, or other invitees during the term of this Agreement, (B) the negligence, recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors, or other invitees, or(C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors, or invitees(other than Contractor). The monetary limitation of liability under this Agreement shall be equal to the dollar value of the contract and not less than $1 million per occurrence pursuant to Section 725.06, Florida Statutes. The limits of liability shall be as set forth in the insurance 7 183 requirements included in this paragraph. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor s failure to purchase or maintain the required insurance,the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Failure of Contractor to comply with the requirements of this section shall be cause for immediate termination of this Agreement. Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY Certificates of Insurance indicating the minimum coverage limitations in the following amounts: WORKERS COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE. Where applicable, coverage to apply for all employees at a minimum statutory limits as required by Florida Law, and Employee's Liability coverage in the amount of $100,000.00 bodily injury by accident, $500,000.00 bodily injury by disease, policy limits, and $100,000.00 bodily injury by disease, each employee. COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less than $300,000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage shall include all owned vehicles, all non-owned vehicles,and all hired vehicles. If single limits are provided, the minimum acceptable limits are $200,000.00 per person, $300,_O00.00 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 $300,000.00 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. 8 184 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, 1100 Simonton Street, Key West, Florida 33040, MUST BE NAMED AS CERTIFICATE HOLDER AND ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKER'S COMPENSATION. 12. NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the County be required to contain any provision for waiver. 13. INDEPENDENT CONTRACTOR At all times and for all purposes under this Agreement, Contractor is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this Agreement shall be construed so as to find Contractor or any of its employees, subcontractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. 14. NONDISCRIMINATION I EQUAL EMPLOYMENT OPPORTUNITY CONTRACTOR and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONTRACTOR and COUNTY agrees to comply with ail 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 on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8)Title Vlll of the Civil Rights Act of 1968 (42 USG 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 on the basis of disability; 10) Monroe County Code Chapter 14, Article ll, 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 9 185 parties to, or the subject matter of, this Agreement. 15. ASSIGN MENT/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. Contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this Agreement. 17. DISCLOSURE AND CONFLICT OF INTERCST Contractor represents that it, its directors, principals and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sec. 112.311, et. seq., Florida Statutes. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts, doing business with one's agency; unauthorized compensation; misuse of public position; conflicting employment or contractual relationship; and disclosure or use of certain information. No Solicitation/Payment. County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 18. NO PLEDGE OF CREDIT 10 186 Contractor shall not pledge the County's credit or make it a guarantor of payment or surety for any contract, debt, obligation,judgment, lien, or any form of indebtedness. Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 19. NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the COTRACTOR. Any written notices or correspondence required or permitted under this Agreement shall be sent by United States Mail, certified,return receipt requested, postage pre-paid, or by courier with proof of delivery_ The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice is deemed received by CONTRACTOR when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. Notice shall be sent to the following persons: FOR COUNTY: FOR CONTRACTOR: Monroe County Attn: Francisco Torre Facilities Maintenance Department Tower Pest Control Inc. 123 Overseas Highway— Rockland Key 7760 West 20 Ave, Bay14 Key West, FL 33040 Hialeah, Florida 33016 and County Attorney 1111 12th Street, Suite 408 Key West, FL 33040 20. TAXES County is exempt from payment of Florida State Sales and Use taxes. Contractor shall not be exempted by virtue of the County's exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is Contractor authorized to use the County's Tax Exemption Number in securing such materials. Contractor shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this Agreement. 21. TERMINATION A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this Agreement after five (5) days' written notification to the CONTRACTOR. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days' written notice of its intention to do so. 11 187 C. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this Agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with five (5) calendar days' 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 sixty (60) days' notice to CONTRACTOR. If the COUNTY terminates this Agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this Agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONTRACTOR shall not exceed the spending cap in this Agreement. E. For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes, or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. F. For Contracts of $1,000,000 or more, if the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List,the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, the County shall have the option of(1)terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 22. GOVERNING LAW, VENUE,,,AND INTERPRETATION 12 188 This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Parties waive their rights to trial by jury. The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 23. MEDIATION The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 24. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as dose as possible to the intent of the stricken provision. 25. 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 party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, at all levels of the court system, including in appellate proceedings. 26. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. The CONTRACTOR and COUNTY Representative shall try to resolve the claim or dispute with meet and confer sessions. If the issue or issues are still not resolved 13 189 to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of Paragraph 14 or Paragraph 21 concerning termination or cancellation. 27. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate,to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 28. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. 29. AUTHORITY Each party represents and warrants to the other that the execution, delivery, and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily, and with advice of counsel. 30. CLAIMS FOR FEDERAL OR STATE AID Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement.Any conditions imposed as a result of funding that affect the Project will be provided to each party. 31. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 32. LEGAL OBLIGATIONS AND RESPONSIBILITIES 14 190 Non-Delegation of Constitutional or Statutory Duties, This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 33. NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 34. ATTESTATIONS Contractor agrees to execute such documents as the County may reasonably require to include, but not limited to, a Public Entity Crime Statement, an Ethics Statement, Non- Collusion Statement, and a Drug-Free Workplace Statement. 35. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent, or employee of Monroe County in his or her individual capacity, and no member, officer, agent, or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 36. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart_ 37. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 15 191 38. PUBLIC ENTITY CRIME STATEMENT ,.A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six(36) months from the date of being placed on the convicted vendor list." 39. MUTUAL REVIEW This Agreement has been carefully reviewed by Contractor and the County. Therefore, this Agreement is not to be construed against either party on the basis of authorship, 40. INCORPORATION OF RFP DOCUMENTS The terms and conditions of the RFP documents are incorporated by reference in this contract agreement. 41. ANNUAL APPROPRIATION The County's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners. In the event that the County funds on which this Agreement is dependent are withdrawn, this Agreement is terminated and the County has no further obligation under the terms of this Agreement to the Contractor beyond that already incurred by the termination date. 42. COVENANT OF NO INTEREST County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 43, AGREEMENTS WITH SUBCONTRACTORS In the event that the Contractor subcontracts any or all of the work in this project to any third party, the Contractor specifically agrees to identify the County as an additional insured on all insurance policies required by the County. In addition, the Contractor specifically agrees that all agreements or contracts of any nature with his/her subcontractors shall include the County as an additional insured. 44. FLORIDA E-VERIFY SYSTEM Beginning January 1, 2021, in accordance with Fla. Stat., Sec. 448.095, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of 16 192 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 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. 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 Parry's control, without such Party`s fault or negligence and that by its nature could not have been foreseers by such Party or, if it could have been foreseen,was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project;(each, a "Uncontrollable Circumstance"). CONTRACTOR'S financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within 7 days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek a no cost Change Order for such reasonable time as the Owners Representative may determine. 46. WARRANTY OF PERFORMANCE Contractor represents and warrants that it possesses the knowledge, skill, experience, and financial responsibility required to perform and provide all services set forth in the Scope of Work and that each person and entity that will provide services is duly qualified to perform such services by all appropriate governmental authorities, where required, and is sufficiently experienced and skilled in the area(s) for which such person or entity will render such services. Contractor represents and warrants that the services in the Scope of Work shall be performed in a skillful and respectful manner, and that the quality of all such services shall equal or exceed prevailing industry standards for the provision of such services. 47. 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 17 193 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. 48. 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] 18 194 E S F, COUNI'„ d WET RACTOR hereto have executed this Agreement and year first above and shall be deemed ain oNinaf contract. BOARD OF COUNTYD NS N th By: �a. .� ..., .� �. . � B As N> t C" er _mm Mayor C tt a� 'Witnessftfor CONTRACTOR: CONTRACTOR: TOWER IPEEST CONTROL, INC. r N 4ef n authorized to Net , legal 'TD YA „ ,, ,a,,,. „w Date Prird Name Print Name and% Ntl Address. Teleplyine Number 41 4e Date Print Nam d PATMAEASES 1 195 EXHIBIT "A" SCOPE OF WORK zo 196 INTENT AND SCOPE OF WORK This specification describes minimum requirements to cover the furnishing of all necessary labor, materials, equipment, and other resources needed to control pest(s) in buildings and parks owned or leased by the Monroe County Board of County Commission. The object of this service is to effectively control and eradicate insects, roaches, palmetto bugs, silverfish, vermin, ants, wasps, fleas, mites, bedbugs, scorpions, millipedes and rodents (excluding termites). All work performed shall be to the satisfaction of the Facilities Maintenance Director or designee. All County buildings requiring pest control services are shown on the List of facilities. Additional buildings may be added to the List of facilities, at any point during the contract, as required by the County. A monthly cost for each additional building will be negotiated with the Contractor. After contract award, the County reserves the right to add additional related items to this contract. price quotes will be obtained from the Contractor for the additional items. Contractor agrees and understands that the contract shall not be construed as an exclusive arrangement and further agrees that the County may, at any time, secure similar or identical services from another supplier at the County's sole option. TREATMENT SCHEDULE 1. A thorough inspection and treatment as described herein shall be performed once every thirty(30) calendar days for all areas. In the event this treatment does not control pests to the complete satisfaction of the Facilities Maintenance Director or designee, the Contractor may be subject to an average of one recall per location during each 30-day period for additional treatment at no additional cost. Such notification shall be in writing from the contract monitor. 2. Treatment will include but not be limited to: interior and exterior perimeter General Household Pest Control for Facilities. Rodent monitoring as needed. 3. Contractor shall complete and post approved spray notices at all locations at least twenty- four(24) hours prior to spraying - see Exhibit"B"attached hereto and made a part hereof. 4. Buildings requiring after hours treatment shall be treated on the third (3111) Saturday of every month unless otherwise pre-approved by the Director of Facilities Maintenance or his/her designee. STATEMENT OF CONDITIONS FOUND AND TREATMENT RENDERED Following each visit and inspection of a building, the Contractor shall email a report in writing to the Facilities Maintenance Director or designee, stating the conditions that existed and the proper treatment rendered. This notice shall be on a form agreed upon between the Contractor and the Facilities Maintenance Director or designee. RESTRICTIONS ON THE USE OF PEST CONTROL MATERIALS A-All rodenticide and/or traps shall be placed only at times and in areas to assure maximum safety. 21 197 B. No pest control and/or traps shall be placed where any visitor may recover them. C. The use of rodenticide shall be restricted to areas NOT accessible to the general public. D. A record of materials used and where used shall be made in duplicate, one (1) copy to the Facilities Maintenance Director and one (1) copy to the Contractor. REMOVAL OF DEAD RODENTS All dead or dying rodents shall be removed by the Contractor and disposed of to the satisfaction of the Facilities Maintenance Director or designee. LOCATION CONTACTS Contractor shall coordinate monthly activities with Monroe County contacts as listed below: Gato Building - Enrique Gonzalez -305-797-1492 Harvey Government Center-Sam Steele -305-295-5000 Historic Courthouse - Debra Martinez- 305-295-4307 Jefferson Browne (ind. Old Jail) - Debra Martinez- 305-295-4307 Lester Building Debra Martinez- 305-295-4307 Freeman Justice Center- Debra Martinez- 305-295-4307 Key West Library- Lisa Booker-305-809-5266 Bayshore Manor-- Debra Martinez- 305-295-4307 County Attorney Offices-Abra Campo-305-292-3470 Big Pine Key Library- Lisa Booker-305-809-5266 Blue Heron Community Center- Debra Martinez-305-295-4307 Stock Island Fire Station #8 - Shania Moore - 305-587-9212 Big Pine Fire Station #13 - Shania Moore - 305-587-9212 Big Coppitt Key Fire Station#9- Shania Moore - 305-587-9212 Sugarloaf Key Fire Station#10 - Shania Moore - 305-587-9212 Cudjoe Key Fire Station#11 - Shania Moore - 305-587-9212 Future Public Defender's Office - Debra Martinez- 305-295-4385 Key West DM V—Sam Steele - 305-295-5000 Big Pine DMV—San Steele— 305-295-5000 Commissioner District 2 Big Pine Key Office- Jennifer Garcia—305-292-4512 Rockland Key Trailers (2) and Fleet Garage - Debra Martinez-305-295-4307 22 198 EXHIBIT "B" NOTICE TO BE POSTED 23 199 h, ovaom, 1""' E PESTICIDE APPLIED 2M L Our Pest Man siuch as we, rodents or insects 2n Cgunj o eil:ies he solved mILthe. IISytesl risk M effjoS Ls.y.pL p _!Lsbicides must be used_qn1y tLie least toxiE.j)roqy s a , R it!,go. TA.R(..;E1T PEST: LATRE.A,1T,D: PESTI(ADE NAAff"(S)'. A(JIVE INGREDIENT: SIGNAL, IVORD: CA1,JT'1(1")N WARNING 1) N(i I 1Z EPA N1,1NIBER: RE-EIN'TRY INTERVAL: 11NICON'TACT DATE OF" APFILICA"HON: 24 200 NON-COLLUSION AFFIDAVIT I, 1F1;G nfr L� �(+E'� of the city of �tnkQrn; according to law on my oath, and under penalty of perjury, depose and say that: a. I am of the firm of "[lil4jlf Q( ( W 1 the proposer making the Proposal for the project described in the Request for Proposals for ,a and that I executed the said proposal with full authority to do so, b. The prices in this proposal 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 proposer or with any competitor; C. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly, to any other proposer or to any competitor; and d. No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit, or not to submit, a proposal for the purpose of restricting competition; e. 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 proje . (Signature) ¢ Date: STATE OF: Nod Q COUNTY OF: K\wr(lt Dadl Subscribed and sworn to (or affirmed)before me, by means of IN physical presence or® online notarization, on 0-q4Z (date)by ROtr Q UD �l �[i (name of affiant)• He/She is personally known to me or has produced (type of identification)as identification. .r�r Nola P Jarge L.Trevilla My Commission GG 296843 YEftW@t tQi2023 (SEAL) My Commission Expires: 11 k2.1 Page 25 of 61 Section 00120 201 LOBBYING AND CONFLICT OF INTERF.Zl CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE (Company) "...warrants that he/she/it has not employed, retained or otherwise had act on his/her/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. 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." A� (Si na#ur Date: i STATE OF: COUNTY OF: t'�11 Subscribed and sworn to (or affirmed) before me, by means of Lh physical presence or 0 online notarization, on t-R-2022, (date) by .1� Qf\Q1(0 To (name of affiant). He/She is personally known to me or has produced DL (type of identification)as identification. Notary Public Slate of Florida Jorge L Trevilla M Co--�xp�+esOlr3012023 (SEAL) NOTARY P / My Commission Expires: _,II-o 13. Page 26 of 61 Section 00120 202 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statutes, Sec. 287.087, hereby certifies that: Gon)k 21 Inc . (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such 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 proposal a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under proposal,the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenders 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. As the person authorized to sign the statement, I certify that t As firm complies fully with the above requirements. (Proposer's Signature) Date: 1-4-111 STATE OF: Vlood a COUNTY OF: 'rDkof i _0a 01-1 Subscribed and sworn to(or affirmed)before me,by means of0ph sisal presence or❑online notarization, on (date) by %Oc� (name of affiant). He/She is personally known to me or has produced (type of identification)as identification. Y Notary Public State of�londa (SEAL) +�`� '`� Jorge i-Treviiia y omrn6sicn GG 296543 NOTARY PU IG'01+1° Expr'es 01+30i2023 My Commission Expires: 1111210 Page 27 of 61 Section 00120 203 LOCAL PREFERENCE FORM A.Vendors claiming a local preference according to Ordinance 023-2009, as amended by Or nance No. 004-2015 and 025-2015, must complete this form. Name of Bidder/Responder: Date: 1. Does the vendor have a valid receipt for the business tax paid to the Monroe Co ty Tax Collector dated at least one(1)year prior to the notice of request for bids or proposals? (Please furnish copy.) 2. Does the vendor have a physical business address located within Monroe ounty from which the vendor operates or performs business on a day to day basis that is a substa al component of the goods or services being offered to Monroe County? (The physical business address must be registered as its princi I place of business with the Florida Department of State for at least one (1) year prior to the notice o equest for bid or proposal.) List Address: Telephone Number: B. Does the vendor/prime contractor intend to subcoKbove t 50% or more of the goads, services, or construction to local businesses meeting t/uest as to licensing and location? If yes, please provide: 1. Copy of Receipt of the business tax paidnroe County Tax Collector by the subcontractor dated at least one (1)year prior to the notice or rbid or proposal. 2.Subcontractor's physical busi s 6tbe ss within Monroe County from which the subcontractor operates: (The physical business a ess registered as its principal place of business with the Florida Department of State for at lea onear prior to the notice of request for bids or proposals) % Tel. Number Address Print Name: Signature and Title o Autho ed Signatory for Bidder/Responder STATE OF: COUNTY F: Subsc ' ed and sworn to(or affirmed)before me, by means of©physical presence or❑online notarization, on (date) by (name of aff' nt). He/She is personally known to me or has produced ype of identification)as identification. (SEAL) NOTARY PUBLIC My Commission Expires: Page 28 of 61 Section 00120 204 J PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes,for CATEGORY TWO for a period of thirty-six(36)months from the date of being placed on the convicted vendor list." I have read the above and state that neither M►�(�{ I Co(1SMk_ (Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last thirty-six (36) months. AJ/,-- (Signature) Date: %19-ID11 _.,... STATE OF: COUNTY OF: _t'(1Wm, D A I Subscribed and sworn to (or affirmed) before me, by means of,P physical presence or ❑ online notarization, .o,nn _ VIR- _1- (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. XgE tate of Fiorda illa n GG 298843 NOTARY PUBLIC 023 (SE My Commission Expires: 1120-LI Page 29 of 61 Section 00120 205 VENDOR CERTIFICATION REGA RDINGS(CRUTINIZED COMPANIES LISTS 11r(,)jcct LkscHption(sy, ------------ VcndorH,`,lN: w,-ow 1009 Vcnth.)Y's Authorized ReprescrHmNe Name W1 iflc: AcHress: THA TV Rut. to m City: ............111.111.1-1111.111111". State: zo: Phone Nun-ibcr: Fin,iail Address: ewe earn 28T135, F56da Smmws pmkilks a cornpaiW Wn bidding on, submitting a [YI-0110S,11 f6r., ur emairig tan o o"viw"bg an cmiant Rw gmMs or se;Nkes of any anhnum it M We We or umtracting or rmewM, Me cmnpny is on the %whind CbmpaKes Umt Fk,cuut WA I In cmawd pwswu to Section 2114725, Florida UMates, or is cngaged in a Wycom of IsmeL Sect& 287,135. Wida SuaUtet Ww pnWhs an company krin bhUng om sWmAuing to pwpoml 0%or enwhng WW cxnvnewWg a ccauruct.flor gocids ctr set-vices of SIPWIMM or mork, that aic on chther Te Sawkizod Companies widi Activities in Sudan IAM m the ScrMiKed Companies with Antivitles W Hic Inin Parokwn FrioNy Sam 15% WWI'] wetv cwawd pwswrn w s, 215.473, FlUrida %lules. ur is eng.,,iged in budnem tTenakwis in Cuba or Syd& As the person auffiohzcd to sign on behalf cd Respondent, I hereby cerfify that 1he conq'yany ndcnrfficd We in dw Seckon cnhdcd -Respundc'ni VLTidor Name" is riot lisicd on (he Scrwinizcd C'(nnpartics that l3oycott Israel List or engaged dn as boycott of isind and Ra PrQcos of S I JW0,000 or rnorc is [lot hsted on enher throw ScrLifinized (Unpanics svhh AoNhks in Sudan List, the Scruiinizcd Comltanicsavith Activities in the Iran Pewok,Unl F"norgy 'sector Lim, Or eng,aged tri business open',ok')iis in Cuba or Syria, l wriderstand fliat pursuant lo Suction 287.135, 11orW Swtweq the s5mrrinkm ofa Use celnutikin amy sulpfect cornpany to ckd penalties, attorney's fees, zind/or costs. k turther understand Oiat any contract vkith Be "oway rant y be terrnnated, art. Lhct oNion iW Me %mlyl the conjuiny is Ound to have submined as We cedfcaOon or has been phmd on Te Annhized (Wrripanies that Hoycott Wd I Am ornWapd in a boym of 11sacl m placed mi the ScrudnNed Ckwiipnks w4h A006" in SwIn I Al or Te SaWAnd Cbmpmks with Activities in thQ han PenUmin Energy Sector lAst or been cngaged in business opera6ons in Cuba or Sy6a QnMud 13y: ( Ilip who i,i authorized Al.0 TW- J TOVA-� Lo An an bAwWof dw ilov,e rdh; A iec - pany. AU111067Ckl Sitm.'.mlf'C�! Print Namc� ..................... .... .......... N cote, Me W at avAlabb w the RAKWWg FkPUhT1eM ofklanagernent SerN ices Site� Page 30 of 61 SeclJon 00120 206 TOWERPE001 APASQUALINI �►co�ro,,, CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) `.�• 9/2/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Amanda Pasqualini Riemer Insurance Group,Inc. PHONE FAX P O Box 250 (A/C,No,Ext): (754)202-0883 (A/C,No): Hallandale,FL 33008 ABDRESs:apasqualini@riemerinsurance.com INSURERS AFFORDING COVERAGE NAIC# INSURERA:Im erium Insurance Company 35408 INSURED INSURER B:InfinityAuto Insurance Company 11738 Tower Pest Control,Inc. INSURERC:Technology Insurance Co. 42376 7760 West 20th Ave,Bay 14 INSURER D: Hialeah,FL 33016 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY EIE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MMIDD/YYYY MMIDD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR IICGL0795601 7/22/2022 7/22/2023 DAMAGE TO RENTED 100 000 X X PREMISES Ea occurrence $ MED EXP(Any oneperson) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PELT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ X ANY AUTO X 509820061744001 7/21/2022 7/21/2023 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ A UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 X EXCESS LIAB CLAIMS-MADE IICEX0102001 7/22/2022 7/22/2023 AGGREGATE $ 2,000,000 DED X RETENTION$ 0 $ C WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER X TWC4122677 7/22/2022 7/22/2023 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,UUU If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Pest Control Operations Monroe County Board of County Commissioners,its employees and officals is included as Additional Insured with respects to General Liability&Auto Liability,Waiver of Subrogation with respects to the General Liability&Workers Compensation,applies as required by written contract,subject to policy terms,conditions and exclusions with regards to the Named Insured's operations. By ._ .. , CERTIFICATE HOLDER CANCELLATION DA SHOULD ANY OF THE WAS THE EXPIRATION UA I t I IytKLUt-, NU I K:t WILL it UtLIVtKtU IN Monroe County Board Of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street Key West,FL 33040 AUTHORIZED QQ , REPRESENTATIVE 4) ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reser207 The ACORD name and logo are registered marks of ACORD IICGL50041017 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL LIABILITY BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY DECLARATION In addition to words and phrases contained in the Commercial General Liability Coverage Form, other words and phrases that appear in quotation marks have special meaning. Refer to Paragraph VI. DEFINITIONS of this endorsement. For the purposes of the coverage provided by this endorsement these definitions apply in place of their definitions stated elsewhere in the policy. The following provisions apply only with respect to the coverage provided by this endorsement. However, the coverage expansions provided throughout this endorsement do not apply if coverage is excluded either by the provisions of the Coverage Part or by endorsement. I. COVERAGE A— BODILY INJURY AND PROPERTY DAMAGE LIABILITY A. Non-Owned Watercraft Paragraph 2.g. (2)(a) of SECTION I -COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced with the following: (a) Less than 51 feet long; and B. Property Damage Extension The following is added to Exclusion j.: 1. Borrowed Equipment Paragraphs (3) and (4) of this exclusion do not apply to "property damage"to borrowed equipment while not being used to perform operations at the job site. 2. Elevators The following is added to Exclusion j.: Paragraphs (3) and (4) of this exclusion do not apply to "property damage" arising from the use of elevators. II. SUPPLEMENTARY PAYMENTS-COVERAGES A AND B In the SUPPLEMENTARY PAYMENTS—COVERAGES A AND B: A. The limit for the cost of bail bonds is increased from $250 to $1,000; and B. The limit for loss of earnings is increased from $100 a day to $500 a day. III. WHO IS AN INSURED A. Paragraph 2. Under SECTION II—WHO IS AN INSURED is expanded to include the following: 1. Additional Insured by Contract, Agreement or Permit Any person(s) or organization(s) is an additional insured when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person(s) or organization(s) be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement. IIC GL 50 04 10 17 Includes copyright material of Insurance Services Office, Inc., Page 1 of 7 with its permission. 208 IICGL50041017 A person or organization is an additional insured under this provision only for that period of time required by the contract or agreement. However, no such person or organization is an insured under this provision if such a person or organization is included as an insured by an endorsement issued by us and made part of this Coverage Part. a. Vendors Any person(s) or organization(s) (referred to herein as vendor)with whom you agreed, because of a written contract or agreement to provide insurance, but only with respect to "bodily injury" or "property damage" arising out of"your products"which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: (1) The insurance afforded the vendor does not apply to: (a) "Bodily injury"or"property damage"for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c)Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e)Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, services or repair operations, except such operations performed at the vendor's premises in connection with the sale of the products; (g)Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. (h)"Bodily Injury" or"Property Damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: i. The exceptions contained in contained in Subparagraphs(d)or(f); or ii. Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution of sale of the products. (2)Any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors or Equipment (1)Any person(s) or organization(s)from whom you lease equipment, but only with respect to liability for"bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment lease to you by such person(s)or organization(s). (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to any"occurrence"which takes place after the equipment lease expires. c. Lessors of Land or Premises Any person(s) or organization(s)from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you, and subject to the following additional exclusions: This insurance does not apply to: IIC GL 50 04 10 17 Includes copyright material of Insurance Services Office, Inc., Page 2 of 7 with its permission. 209 IIC GL 50 04 10 17 (1)Any"occurrence"which takes place after you cease to be a tenant in that premises. (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers or Surveyors (1)Any architect, engineer, or surveyor engaged by you but only with respect to liability for"bodily injury" "property damage"or"personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In connection with your premises; or (b) In the performance of your ongoing operations. (2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury"or"property damage"or"personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b)Supervisory, inspection, architectural or engineering activities. e. Permits Issued By State or Political Subdivisions Any state or governmental agency or subdivision or political subdivision but only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. The insurance does not apply to: (1) "Bodily injury", "property damage"or"personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (2) "Bodily injury"or"property damage" included within the "products-completed operations hazard". f. Any Other Party Any other person(s)or organization(s)who is not an insured under Paragraph a. through e. above, but only with respect to liability for"bodily injury", "property damage"or"personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the performance of your ongoing operations; (2) In connection with your premises owned by or rented to you; or (3) In connection with "your work" and included within the "products-completed operation hazard", but only if: (a) The written contract or agreement requires you to provide such a coverage to additional insureds; and (b)The Coverage Part provides coverage for"bodily injury" or"property damage" included within "products-completed operations hazard". With respect to the insurance afforded to these additional insureds, this coverage does not apply to: "Bodily injury", "property damage"or"personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or filing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspections, architectural or engineering activities. The limit of insurance that apply to additional insureds under this extension is described in SECTION III— LIMITS OF INSURANCE. IIC GL 50 04 10 17 Includes copyright material of Insurance Services Office, Inc., Page 3 of 7 with its permission. 210 IICGL50041017 How this Insurance applies when other insurance is available to the additional insured is described in the Other Insurance Condition in SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS. 2. Subsidiaries Any subsidiary and subsidiary thereof of yours, which is a legally incorporated entity, of which you own a financial interest of more than 50% of the voting stock on the effective date of the Coverage Part. The insurance afforded herein for any subsidiary not named in this Coverage part as a named insured does not apply to injury or damage with respect to which an insured under this Coverage Part is also an insured under another policy or would be an insured under such policy but for its termination or the exhaustion of its limits of insurance. 3. Newly formed Or Acquired Organizations Paragraph 3.a. of SECTION II—WHO IS AN INSURED, is increased from goth day to 180th day. However, this expansion does not apply if coverage for newly formed or acquired organizations is excluded either by the provisions of the Coverage Part or by endorsement. IV. LIMITS OF INSURANCE A. Damage to Premises Rented To You Paragraph 6. of SECTION III—LIMITS OF INSURANCE is replaced with the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of"property damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner. The most we will pay in any one "occurrence" is the higher of the following: (a) $300,000; or (b)The amount shown in the Declarations for Damages To Premises Rented to You Limit. B. Medical Payments Paragraph 7. of SECTION III—LIMITS OF INSURANCE is replaced with the following: 7. Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of"bodily injury" sustained by any one person. The most we will pay because for"bodily injury" sustained by any one person is the higher of the following; a. $10,000; or b. The amount shown in the Declarations for Medical Expense Limit. V. SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS The following items are amended: A. Duties In The Event Of Accident, Claim, Suit Or Loss The following items are added to Paragraph 2. of SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS: e. Additional Insurance Other Insurance If we cover a claim or"suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or"suit"to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written agreement that this insurance is primary and non-contributory with the additional insured's own insurance. IIC GL 50 04 10 17 Includes copyright material of Insurance Services Office, Inc., Page 4 of 7 with its permission. 211 IIC GL 50 04 10 17 f. Knowledge Of An Occurrence, Offense, Claim or Suit Paragraph a. and b. apply to you or to any additional insured only when such "occurrence", offense, claim or"suit" is known to: (1) You or any additional insured that is an individual; (2)Any partner, if you or an additional insured is a partnership; (3)Any manager, if you or an additional insured is a limited liability company; (4)Any"executive officer" or insurance manager, if you or an additional insured is a corporation; (5)Any trustee, if you or an additional insured is a trust; or (6)Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. This duty applies separately to you and any additional insured. B. Other Insurance The following items are added to paragraph 4.b. of SECTION IV- COMMERCIAL GENERAL LIABILITY CONDITIONS: (1) This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis; (a) Property Damage to Borrowed Equipment or Use of Elevators If the loss arises out of"property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion j. of SECTION I -COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY; (b)When You Are Added As An Additional Insured To Other Insurance Any other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for products and completed operations, for which you have been added as an additional insured by that insurance; or (c)When You Add Others As An Additional Insured To This Insurance Any other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this coverage part: i. Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. Method of Sharing, in the policy. ii. Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement, or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs a. and b. do not apply to other insurance to which the additional insured has been added as an additional insured. C. Representations Paragraph 6. of SECTION IV- COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced with the following: a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; IIC GL 50 04 10 17 Includes copyright material of Insurance Services Office, Inc., Page 5 of 7 with its permission. 212 IICGL50041017 (2) Those statements are based upon representation you made to us; and (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure to Disclose Hazards If you unintentionally fail to disclose any hazards existing at the inception date or your policy, we will not deny coverage under this Coverage Part because of such failure. However, you must report such error or omission to us as soon as practicable after its discovery. D. Transfer Of Rights OF Recovery Against Others To Us Paragraph 8. of SECTION IV- COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced with the following: If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit"or transfer those rights to us and helps us enforce them. However, we waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any"occurrence"or"suit" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. VI. DEFINITIONS A. Amended Definitions 1. Advertisement The following is added to the definition of"advertisement": However, "advertisement"does not include: The design, printed material, information or images contained in, on or upon the packaging or labeling of any goods or products; or An interactive conversation between or among persons through a computer network. 2. Coverage Territory Final paragraph in the definition of"coverage territory" is replaced by the following: Provided the insured's responsibility to pay damages is determined in the United States of America (including its territories and possessions), Puerto Rico or Canada, in a "suit" on the merits according to the substantive law in such territory or in a settlement we agree to. 3. Insured Contract (1) Paragraph a. in the definition of"insured contract" is replaced by the following: A contract for a lease of premises. However, that portion of the contract for a lease of premises while rented to you or temporarily occupied by you with permission of the owner is subject to the Damage To Premises Rented To You Limit described in SECTION III- LIMITS OF INSURANCE. (2) The First paragraph of Paragraph f. in the definition of"insured contract" is replaced by the following: That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for"bodily injury" or"property damage" to a third person or organization, provided the "bodily injury" or"property damage" is caused, in whole or in part, by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. IIC GL 50 04 10 17 Includes copyright material of Insurance Services Office, Inc., Page 6 of 7 with its permission. 213 IICGL50041017 4. Mobile Equipment Paragraph f. (1) in the definition or"mobile equipment" is replaced by the following: (1) Equipment, of at least 1,000 pounds gross vehicle weight, designed primarily for: 5. Personal and Advertising Injury Paragraph f. in the definition of"personal and advertising injury" is replaced by the following; f. Copying, in your"advertisement", a person's or organization's "advertising idea" or style of "advertisement". B. Added Definitions "Advertising idea" means any idea for an "advertisement". IIC GL 50 04 10 17 Includes copyright material of Insurance Services Office, Inc., Page 7 of 7 with its permission. 214 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC OO O3 13 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone Iliiablle for an injury covered by this policy. We willll not enforce our right against the person or organization named in the Schedule. (This agreement applies onily to the extent that you perform work under a written contract that reqluires you to obtain this agreement from ius.) This agreement shaJlll not operate directly or indirectly to, beniefiit anyone not named in the Schedule. Schedule Any person or organiczation as required by written contract This endorsement changes the pollicy to,whiich iit Is attached and Is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 7/22/2022 Policy No. TWC4122677 Endorsement No. 2 Insured Tower Pest Contr6l, Inc. Premium $ 7,045 Insurance Company Technology Insurance Company, Inc. Counitersigned by WC 010 013 13 (Ed. 04-84) 215 TOWERPE001 SOURONIVI ACORO�� CERTIFICATE OF LIABILITY INSURANCE DATE psreorrvY� 711912024 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 BYTHE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terns and conditions of the policy,certain pollcles may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(*). PRODUCER w T Wllllam GNIOW -- - Rlemer Insurance Group,Inc. PHONEV. 54)2 02-0921 �(FAAX No): P O RM 250 {Arc rtoa ._7..... ...__ __ .._. ...._ __. Hallandale,FL 33006 Wglllow�rlemerinsurance_Com IN AFFORDING COVERAU NAIL A MOURERA.-ImIDGAUM Insurance Company 5408 INSURED INauRErea.Inllntty Auto Insurance Company_. _,. 11738 Tower Pest Control,Inc. INSURERC;Technoloay Insurance Co. 42376 7760 West 20th Ave,Bay 14 INSURER . ..... Hialeah,FL 33016 INSURER E --.. INSURER F COVIERALGEA GARTIF&ME NUMSM RMISION . 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 _ _.._. I R TYPE OF INSURANCE NDp4w�-._- ! .......,....,....POLICY NUMBER .........._..... Y FFF POl1CY E7� T L1LWrs A X COMMERCIAL GENERAL LlIMIRM 1 EACH OCCURRFNCf DAMAGE TO RENTED 100,000 CLAMS MADE OCCUR X I X IICGL07M02 71=024 7t22I2025 P�MLaEs� a �_._-- MED bw_(Arsy one person) } 51000 _ _.. ....W-_......0 '� P NAL ADV INJURY r; 1,000,000 _ 2,000,000 GENL AGGREGATE LIMIT APPLIES PER: GENE_ I,AGGREGATE i E POLICY F7 JpECT IIF1 LOC i P ❑ T9. P P A J_2,OOg000 THER B i AUTCMOSILE LLSMLJTY COMBINED SINGLE LIMIT 1,000,000 ANY ALTO X -50011426101 7/21/2024 17/21/2025 BODILY INJu�tY�f?er_perec�nl i S __- OWNED SCHEDULED LL AUTOS ONLY _ AU70p8Wry�q 6 pBODILY I RY I j AUT ONLY X.._1 NAI�'T O 8 ONLY _fP6i aft_.. ....... ....... A X UUBRE" IAB X1 OCCUR EACH OC- RRENIE I S 4,000 000 �L EXCEW UAB CLAIMSMADE IIICEX0102003 7/22/2024 7/2212025 AQ-QW SATE S 0 AggregeW ?1.... 4,000,000' I oeD •X ;,r+eTenTloN t I A?(RCTLNUEDTEtrDE?X E R COMPENSATION E AM EIMPL4r�S XC4502T2 7/22024 7/2025 . £ 1,000,00 000, 00 CUTIVEr rE.L.EACHACCIDENTNJA 1,0N.000FR� tt ,descrlwe antler A C61t E.L.❑I$FASE:FA FJNPk pYEE.. IPT1 N T - } T 1,000,000 E.L,DISEASE A _ W PDES G IMMO IOr OPERATIONS P Vtf TIO IFLOCATIONS I VEHICIEs(ACORD 101,A&Sdar l RanwIm SdAdu1%mFy W re p l� M chol N mom I�rpu ns Monroe County Board of County Commissioners,Its employees and officals Is Included as Additional Insured with respects to General Liability&Auto Liability,Walver of Subrogation with respects to the General Liability&Workers Compensation,applies as required by written contract,subject to polity terms,conditions and exclusions with regards to the Named Insured's operations. ..........................._.......................V_....... t?RTiFI ATE HOLDER_ ._............................................... CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe Colin Beard o}County Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN County ntY ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street Key West,FL 33040 �............�............................. AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) 01 OU-2015 ACORD CORPORATION. All rights reamed. The ACORD name and logo are registered marks of ACORD I 216