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Item R7
R7 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 November 19, 2024 Agenda Item Number: R7 2023-3205 BULK ITEM: Yes DEPARTMENT: Legislative Affairs TIME APPROXIMATE: STAFF CONTACT: Lisa Tennyson n/a AGENDA ITEM WORDING: Approval of an annual agreement with Anfield Consulting, Inc. for continuing lobbying services on behalf of Monroe County in the legislative and executive branches of State government effective December 1, 2024. ITEM BACKGROUND: Anfield Consulting beings specialized knowledge and expertise to the County's state legislative lobbying team, specifically in the State's water management, land acquisition, and environmental programs, and funding streams related to those programs. Anfield Consulting leads the team's efforts to secure Stewardship Act funding and the continuing efforts to secure legislative support for inclusion of Stewardship Act into the State's Land Acquisition Trust Fund (former Anfield lead lobbyist, Frank Bernandino, is no longer actively lobbying for us due to retirement, but will stay on the County's lobby team as a strategist. Edgar Fernandez will serve as Anfield's lead lobbyist.) PREVIOUS RELEVANT BOCC ACTION: • November 2023: BOCC approval of Agreement with Anfield Consulting for 2024. • November 2022: BOCC approval of Agreement with Anfield Consulting for 2023. • November 2021: BOCC approval of Agreement with Anfield Consulting for 2022. • November 2020: BOCC approval of Agreement with Anfield Consulting for 2021. • December 2109: BOCC approval of Agreement with Anfield Consulting for 2020. • December 2018: BOCC approval of Agreement with Anfield Consulting for 2019. • December 2017: BOCC approval of Agreement with Anfield Consulting for 2018. • December 2016: BOCC approval of Agreement with Anfield Consulting for 2017. • September 2015: BOCC approval of Agreement with Anfield Consulting for 2016. • October 2014: BOCC approval of Agreement with Anfield Consulting for 2015. INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: 4899 No change in terms or price from previous agreement. STAFF RECOMMENDATION: Staff recommends approval. DOCUMENTATION: 2024-25 Anfield Lobbying Agreement 2024 11 C01 Anfield signed exp 2 18 2025.pdf Waiver Anfield .docx 2024 11 C01 Anfield WC signed exp 6 1 2025.pdf FINANCIAL IMPACT: TOTAL COST: $60,000 INDIRECT COST: BUDGETED: Yes X No Differential OF LOCAL PREFERENCE: N/A COST TO COUNTY: $60,000 SOURCE OF FUNDS: REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year 4900 AGREEMENT FOR LOBBYING SERVICES Between MONROE COUNTY BOARD OF COUNTY COMMISSIONERS And ANFIELD CONSULTING, INC. This Agreement("Agreement")made and entered into this 16'day of November 2024, by and between Monroe County, a political subdivision of the State of Florida, and whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC"), and Anfield Consulting, Inc., a corporation of the State of Florida, and whose address is 201 West Park Avenue, Tallahassee, Fl. 32301, its successors and assigns, hereinafter referred to as "LOBBYIST", and WHEREAS, COUNTY desires to employ the professional services of LOBBYIST for state legislative lobbying services to advance the County's legislative priorities and issues including but not limited to land acquisition, water quality, Stewardship Act appropriations, other appropriations, wind and flood insurance, environmental, growth management/planning/building, marine resources, human services, affordable housing,jails,juvenile justice, finance and taxation, emergency management, public safety, tourism, telecommunications, Florida Retirement System, courts/clerks, mental health and substance abuse, sustainability, solid waste, local government preemption, unfunded mandates, revenue sharing, protection of County revenue, and other issue areas and services as assigned by the County Administrator and agreed to by the LOBBYIST; and WHEREAS, LOBBYIST have agreed to provide the professional services as LOBBYISTS for representation as described in this agreement; and NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and LOBBYIST agree as follows: I. TERM OF AGREEMENT. This agreement shall be effective upon approval and the agreement shall continue for a period of 1 year, beginning December 1, 2024. The County shall have the option to renew the agreement after the original terms, subject to performance by the LOBBYIST and the availability of County funds. 2. COMPENSATION. The County, in consideration of the LOBBYIST satisfactorily performing services, shall pay the LOBBYIST a total of$60,000(Sixty Thousand Dollars), plus any additional costs associated with travel as requested and approved by the County, on invoices submitted by LOBBYIST to the County Administrator's office on a monthly basis. Invoices must provide sufficient detail and documentation to support work accomplished and any additional costs for which LOBBYIST is seeking reimbursement, 1 14"'wu,g 4901 including but not limited to the exact dates of travel,mileage, costs,receipts and description of work completed under this Contract. Total Contract shall not exceed $60,000 (Sixty Thousand Dollars)plus the cost of approved travel expenses. Travel expenses may be paid if approved by the County Administrator as long as adequate documentation is provided by LOBBYIST. Travel expenses are regulated by the Monroe County Code Sec. 2-106 et. seq. 3. SCOPE OF SERVICES. 3.1 Provide a full range of professional lobbying services and advocacy before the Florida Legislature, the Governor, the Cabinet, and executive departments, agencies, offices, commissions, and other governmental units of the state of Florida with respect to all of COUNTY's legislative and regulatory interests; matters contained within COUNTY's state legislative program; assigned executive branch projects; and other issues or projects of the COUNTY as assigned by the Contract Administrator and Director of Legislative Affairs. 3.2 Effectively communicate COUNTY's state legislative program and issues to members of Legislature, Governor and Cabinet, and executive departments, agencies, offices, commissions and other governmental units of the state of Florida. 3.3 Upon request, arrange meetings for County Commissioners, County officials, and staff with members and officials of the Legislative and Executive Branch of state government and other entities as necessary, including members of the Legislature in leadership positions, key legislative committee members and staff, and executive branch leaders and key officials within the Governor's Office, Cabinet, and state agencies. 3.4 Be available on a 24-hour basis during any Regular Session, extended session, or special session, committee week, and at other times as requested, to: assist in writing, interpreting, and monitoring legislation, agency rules and regulations; drafting legislation, amendments, proviso language, position papers, and testimony; obtaining documentation and research materials; and securing sponsors for bills, amendments, resolutions, proviso language and other legislation, as necessary to accomplish COUNTY's legislative and executive branch goals. 3.5 Identify and discuss with COUNTY any areas of potential concern or opportunity for obtaining passage of COUNTY's legislative priorities, other issues in the state legislative program, and executive branch issues or projects assigned to the firm. 3.6 Attend weekly team strategy meetings, legislative committee meetings, briefings, and hearings, during session and interim committee weeks, and report on all matters assigned; and participate in meetings, conference calls, and provide verbal or written reports to COUNTY at other times, as directed by the Director of Legislative Affairs. 3.7 Consult with County Commissioners, County Administrator, Director of Legislative Affairs, County Attorney, and such other persons designated by the Contract Administrator regarding any legislative or executive matter which may impact the COUNTY, and take any necessary action, as determined by the County Administrator and Director of Legislative Affairs. 3.8 Prepare and submit written reports, as may be required by the Director of Legislative Affairs, regarding the status of assigned issues and projects, progress made to achieve such matters, an end-of-session report upon the conclusion of any regular or special 2 14"'wu,g 4902 session and a written report on each monthly invoice provided by the LOBBYIST during the period covered by the invoice. 4. REPRESENTATIONS AND WARRANTIES. By executing this Agreement, LOBBYIST makes the following express representations and warranties to the COUNTY: 4.1: The LOBBYIST is professionally qualified to act as the LOBBYIST for the Scope of services and is licensed to provide the designated services by all public entities having jurisdiction over the LOBBYIST and the Scope of services; 4.2: The LOBBYIST shall maintain all necessary licenses, permits or other authorizations necessary to act as LOBBYIST until the LOBBYIST'S duties hereunder have been fully satisfied; 4.3: The LOBBYIST has become familiar Monroe County's legislative issues and priorities. 4.4: The LOBBYIST shall prepare all documents, if required, by this Agreement in such a manner that they shall be accurate, coordinated and adequate for use in the subsequent implementation phases and shall be in conformity and comply with all applicable law, codes and regulations. All Documents shall be reviewed by the County Attorney, or his designee, prior to being approved by the BOCC. The LOBBYIST warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to accomplish the scope of services, therefore, eliminating any additional cost due to missing or incorrect information. 4.5: The LOBBYIST assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 4.6: The LOBBYIST'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the scope of services. 4.7: LOBBYIST is an independent contractor under this Agreement. Services provided by LOBBYIST, or subcontractor(s), shall be subject to the supervision of Capital City Consulting. In providing the services, LOBBYIST and its agents shall not be acting and shall not be deemed as acting as officers, employees, or agents of the COUNTY, nor shall they accrue any of the rights or benefits of a COUNTY employee. 4.8: The LOBBYIST shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the LOBBYIST or its subcontractors, or both. 5. COUNTY'S RESPONSIBILITIES. COUNTY shall provide information in its possession upon request from LOBBYIST as needed for the Project including objectives, schedule, constraints and criteria. COUNTY shall designate a representative to act on the COUNTY'S behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the LOBBYIST in order to avoid unreasonable delay in the orderly and sequential progress of the LOBBYIST'S services. Prompt written notice shall be given by COUNTY through its representative to LOBBYISTS if COUNTY becomes aware of any fault or defect in the Project or non-conformance with the Agreement Documents. Any information that may be of assistance to the LOBBYIST to which the COUNTY has immediate access will be provided as requested. 3 I :�lI agtliw 4903 6. WRITTEN NOTICE. Any notices under this Agreement sent by the parties shall be deemed to have been duly served if delivered in person to the individuals and addresses listed below, or if delivered or sent by first class mail, certified,return receipt, or by courier with proof of delivery. 6.1: All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the LOBBYIST. The correspondence shall be directed to: Christine Hurley, County Administrator, and Lisa Tennyson, Director of Legislative Affairs 1100 Simonton Street Key West, Florida 33040 With a copy to: Bob Shillinger, County Attorney 1111 12' Street, Suite 408 Key West, FL 33040 6.2: Notice to the LOBBYIST shall be delivered to: Edgar G. Fernandez, Anfield Consulting 201 West Park, Suite 100 Tallahassee, Florida, 32301 7. CONFLICT OF INTEREST. LOBBYIST agrees it shall not contract for or accept employment for the performance of any work or service with any individual, business corporation, or government unit that would create a conflict of interest in the performance of its obligations under this Agreement. LOBBYIST further agrees it will neither take any action nor engage in any conduct that would cause any County employee or official to violate the provisions of Chapter 112, Florida Statutes, relating to ethics in government. 7.1 No LOBBYIST under contract with the county shall engage in any employment or contractual relationship with any entity, which employment or contractual relationship would or could be adverse to the COUNTY or which would or could interfere with the LOBBYIST's work on behalf of the COUNTY. Such relationship includes, but is not limited to, representing a client whose interest is currently in opposition to the interest of the COUNTY; serving as a consulting or testifying as an expert witness in litigation against the county; representing persons or entities before any board or agency of the county; or any other contractual relationship of whatever kind or nature in which the consultant uses his professional expertise or provides professional services in such a manner that a different person or entity benefits at the expense of the COUNTY in a given transaction between other person or entity in the county. A position in opposition to a County position may take the form of an adverse policy position or fiscal impact on the County, either direct or indirect. A position in opposition to a County position is not limited to a position that conflicts with an express provision of 4 I :�lI agtliw 4904 the legislative package adopted by the Board of County Commissioners. It may also arise in other areas. Not every County interest can be anticipated or enumerated in the County's legislative package, and issues arise and change over the course of the legislative process. It is incumbent on the LOBBYISTY to remain mindful of the County policy and fiscal interests and positions vis-a-vis other clients. 7.3 If actual or perceived conflict arises, the LOBBYIST must advise the County Administrator immediately in writing, provide sufficient information concerning the conflict, and seek a waiver of the conflict. The County Administrator shall report the conflict to the Board of County Commissioners. Once a conflict waiver request has been received by the County, the County Administrator, in consultation with the County Attorney may take any action regarding the waiver request, including by not limited to the following: 1) allow a waiver and allow the LOBBYIST to continue to represent both the County and the other party; 2) disallow a waiver and require the LOBBYIST to choose between representing the County or the other party, or to discontinue representing the other party; 3) allow a limited waiver and require the LOBBYIST to continue to represent both the County and the other party under whatever limitations or restrictions the County Administrator, in consultation with the County Attorney, determines to be appropriate. Any such actions by the County Administrator shall only be effective until the Board of County Commissioners has considered the conflict action. The Board of County Commissioners may take any action necessary, such as termination or waiver or partial waiver, to address the conflict of interest disclosed by the LOBBYIST. Waiver of any conflict of interest or termination of this Agreement is expressly reserved to the Board. 8. INSURANCE. The LOBBYIST shall provide proof of insurance showing that County is an additional insured on all policies except workers' compensation and shall maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the scope of services (to include the work of others) is delayed or suspended as a result of the LOBBYIST'S failure to purchase or maintain the required insurance, the LOBBYIST shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 8.1: The coverage provided herein shall be provided by an insurer with an A.M. Best Rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days' notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 8.2: LOBBYIST shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida. 5 I :�lI agtliw 4905 B. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non- owned vehicles, with One Hundred Thousand Dollars ($100,000) combined single limit. If split limits are provided, the minimum limits acceptable shall be: Fifty Thousand Dollars ($50,000) per person, One Hundred Thousand Dollars ($100,000) per occurrence, and Twenty Five Thousand Dollars ($25,000)property damage. C. Commercial general liability covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the LOBBYIST or any of its employees, or agents , including Premises and/or Operations, Products and Completed operations, personal injury liability, and expanded definition of property damage. The minimum limits acceptable shall be: Three Hundred Thousand Dollars ($300,000) Combined Single Limit (CSL). If split limits are provided, the minimum limits acceptable shall be: One Hundred Thousand Dollars ($100,000) per person, Three Hundred Thousand Dollars ($300,000) per occurrence, and Fifty Thousand Dollars ($50,000) property damage. An occurrence Form Policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this Agreement. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. D. LOBBYIST shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. 9. HOLD HARMLESS. The LOBBYISTS covenants and agrees to indemnify and hold harmless the Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by LOBBYISTS or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act of omission of the LOBBYISTS or its Subcontractors in any tier, their employees, or agents. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the LOBBYISTS's failure to purchase or maintain the required insurance, the LOBBYISTS shall indemnify the County from any and all increased expenses resulting from such delay. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 10. SECTION HEADINGS. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 6 I :�lI agtliw 4906 II. OWNERSHIP OF THE PROJECT DOCUMENTS. The documents, if any, prepared by the LOBBYIST for this Project belong to the COUNTY, and may not be reproduced and copied without acknowledgement and permission of the COUNTY. 12. SUCCESSORS AND ASSIGNS. The LOBBYIST shall not assign its right hereunder, except its right to payment, nor shall it delegate any of its duties hereunder without the written consent of the COUNTY. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 13. NO THIRD PARTY BENEFICIARIES. Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 14. CONTRACT DOCUMENTS. This contract consists of the Agreement and its attachment. In the event of any conflict between any of the contract documents, the one imposing the greater burden on the LOBBYIST will control. 15. PUBLIC ENTITIES CRIMES. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor,LOBBYIST under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, LOBBYIST represents that the execution of this Agreement will not violate the Public Entity Crimes Act(Section 287.133,Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, LOBBYIST further represents that there has been no determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether LOBBYIST has been placed on the convicted vendor list. LOBBYIST will promptly notify the COUNTY if it or any subcontractor is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 16. MAINTENANCE OF RECORDS. LOBBYIST shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this 7 14"'wu,g 4907 Agreement or its 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 four years following the termination of this Agreement. If an auditor employed by the COUNTY or County Clerk determines that monies paid to LOBBYIST pursuant to this Agreement were spent for purposes not authorized by this Agreement, the LOBBYIST shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. 17. GOVERNING LAW, VENUE, INTERPRETATION, MEDIATION, WAIVER OF JURY TRIAL. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and LOBBYIST agree that venue shall lie in Monroe County, Florida, in the appropriate court or before the appropriate administrative body. The Parties waive their rights to a trial by jury. The COUNTY and LOBBYIST agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of the parties, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 18. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or 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 LOBBYIST agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 19. ATTORNEY'S FEES AND COSTS. The COUNTY and LOBBYIST agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, and court costs, as an award against the non- prevailing party, and shall include attorney's fees, and courts costs, in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement, prior to or following initiation of any cause of action or administrative proceeding, shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 20. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and LOBBYIST and their respective legal representatives, successors, and assigns. 8 14"'wu,g 4908 21. 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. 22. CLAIMS FOR FEDERAL OR STATE AID. LOBBYIST and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 23. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. COUNTY and LOBBYIST agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. COUNTY and LOBBYIST specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 24. 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 LOBBYIST agree to participate in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. 25. NONDISCRIMINATION. LOBBYIST 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. LOBBYIST and COUNTY agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88- 352) which prohibits discrimination in employment on the basis of race, color, religion, sex, and 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 VIII of the 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, 9 I :�lI agtliw 4909 relating to nondiscrimination on the basis of disability; 10)Monroe County Code, Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties hereto, or the subject matter of, this Agreement. 26. CODE OF ETHICS AND ETHICS CLAUSE. 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. LOBBYIST warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover,the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. 27. NO SOLICITATION/PAYMENT. The LOBBYIST and COUNTY 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 LOBBYIST 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. 28. PUBLIC ACCESS. The LOBBYIST and COUNTY shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the LOBBYIST and COUNTY in connection with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by LOBBYIST. Public Records Compliance. LOBBYIST must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and LOBBYIST shall allow and permit reasonable access to, and inspection of, all documents,records, papers, letters or other"public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and LOBBYIST in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the LOBBYIST. Failure 10 14"'wu,g 4910 of the LOBBYIST to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The LOBBYIST is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the LOBBYIST is required to: (1) Keep and maintain public records that would be required by the Countyter to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the LOBBYIST does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost,to the County all public records in possession of the LOBBYIST or keep and maintain public records that would be required by the County to perform the service. If the LOBBYIST transfers all public records to the County upon completion of the contract, the LOBBYIST shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the LOBBYIST keeps and maintains public records upon completion of the contract, the LOBBYIST shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the LOBBYIST of the request, and the LOBBYIST must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the LOBBYIST does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the LOBBYIST. A LOBBYIST who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section119.10, Florida Statutes. The LOBBYIST shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. 11 14"'wu,g 4911 IF THE LOBBYIST HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE LOBBYIST'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY- BRIAN(c,MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE III 12TH Street, SUITE 408, KEY WEST, FL 33040. 29. NON-WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the LOBBYIST and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 30. 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. 31. LEGAL OBLIGATIONS AND RESPONSIBILITIES. Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 32. NON-RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third- party claim or entitlement to or benefit of any service or program contemplated hereunder, and the LOBBYIST and the COUNTY agree that neither the LOBBYIST nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior 12 1 14"'wu,g 4912 to, or superior to the community in general or for the purposes contemplated in this Agreement. 33. COUNTY FORMS. By signing this Agreement, LOBBYIST has sworn or affirmed to the following requirements as set forth in the Public Entity Crime Statement, Ethics Statement, Drug-Free Workplace Statement and Vendor Certification Regarding Scrutinized Companies List as set forth in more detail in this Agreement. 34. 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. 35. ASSIGNMENT/SUBCONTRACT. LOBBYIST shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County, which approval shall be subject to such conditions and provisions as the Board may deem necessary. 36. INDEPENDENT CONTRACTOR. At all times and for all purposes under this agreement the LOBBYISTS are independent contractors and not employees of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the LOBBYISTS or any of their employees, contractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. 37. TERMINATION A. In the event that the LOBBYIST shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the LOBBYIST. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party thirty (30) days written notice of its intention to do so. C. Scrutinized Companies: If the County determines that the LOBBYIST has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel,the County shall have the option of(1) terminating the Agreement after it has given the LOBBYIST written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 13 I :�lu ag tli w 4913 38. DRUG-FREE WORKPLACE. LOBBYIST in accordance with Florida Statute 287.087 hereby certifies that LOBBYIST shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. The person authorized to sign the Agreement certifies that LOBBYIST complies fully with the above requirements. 39. VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS LOBBYIST agrees and certifies compliance with the following: Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of $1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of LOBBYIST,I hereby certify that the company identified above as "LOBBYIST" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not 14 I :�lu ag tli w 4914 listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Note: The List are available at the following Department of Management Services Site: http://www.dms.myflorida.com/business_operations/state purchasing/vendor_informati on/convicted_suspended_discriminatory complaints vendor lists 40. NON-COERCIVE CONDUCT FOR LABOR OR SERVICES. LOBBYIST certifies under penalties of perjury that Vendor does not use coercion for labor or services in accordance with Section 787.06. As defined in Section 787.06(2)(a), coercion means: 1. Using or threating to use physical force against any person; 2. Restraining, isolating, or confining or threating to restrain, isolate, or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or service are not respectively limited and defined; 4. Destroying,concealing,removing,confiscating,withholding,or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; 5. Causing or threating to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule II of Section 893.03 to any person for the purpose of exploitation of that person. Additionally, Vendor/LOBBYIST has reviewed Section 787.06, Florida Statutes, and agrees to abide by same. 41. 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. 15 I :�lu ag tli w 4915 IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative. (SEAL) BOARD OF COUNTY COMMISSIONERS OF Attest: KEVIN MADOK, Clerk MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairman Date: APPROVED AS TO FORM&LEGAL SUFFICIENCY Monr e' ounty Attorney's Office N thalia Mellies Archer Ass taut County Attorney ANFIELD CONSULTING, INC. BY: By: A. �4� Authorized Signature Authorized Signature Print Name: Print Name: Albert Balido Title: Title: Managing Partner Date: Date: 10/17/24 END OF AGREEMENT 16 I :�lu ag tli w 4916 DATE(MMIDD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE 10/17/2024 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 Ileana Cando NAME: GGA Insurance Group PHONEo (305)630-4777 FAX N Exf: C,No (305)279-3022 A/C A/ 10689 N.Kendall Drive E-MAIL icancio@ggaig.com ADDRESS: Suite 208 INSURER(S)AFFORDING COVERAGE NAIC# Miami FL 33176 INSURERA: Charter Oak Fire Ins Co 25615 INSURED INSURER B: Travelers Prop Casualty Co of Ameri 25674 Anfield Consulting Group Inc. INSURER C: Lloyd's of London 201 WPARK AVE INSURER D: SUITE 100 INSURER E Tallahassee FL 32301 INSURER F: COVERAGES CERTIFICATE NUMBER: CL2492423198 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 INSURANCEAUULbUBK POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE FX OCCUR PREM SDAMAGES Ea oNcurDreme $ 300,000 MED EXP(Any one person) $ 5,000 A Y 6605933X673COF24 02/18/2024 02/18/2025 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 JECT LOC PRODUCTS-COMP/OPAGG $POLICY El PRO 2,000,000P1 OTHER: Hired&Non-owned Auto $ 1,000,000 AUTOMOBILE LIABILITY CMBINED SINGLE LIMIT $ APPROVED BY RISK MANAGEMENT O accident ANYAUTO BY BODILY INJURY(Per person) $ OWNED SCHEDULED DATE BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY WAIVER N/A YES Per accident $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 B EXCESS LAB CLAIMS-MADE CUP6P953409 02/18/2024 02/18/2025 AGGREGATE $ 2,000,000 DED I X1 RETENTION $ 51000 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ElN/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Professional Liability General Aggregate $2,000,000 C PSM0039781142 10/01/2024 10/01/2025 Each Occurrence $2,000,000 Contingent BI/PD $100,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe County Board of County Commissioners,a Political subdivision of the State of Florida,its Officers,Employees and Agents are listed as additional insureds with respect to all listed Policies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West FL 33040 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 4917 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Who Is An Insured—Unnamed Subsidiaries G. Blanket Additional Insured —Mortgagees, B. Who Is An Insured—Employees And Volunteer Assignees, Successors Or Receivers Workers—Bodily Injury To Co-Employees And H. Blanket Additional Insured —Governmental Co-Volunteer Workers Entities— Permits Or Authorizations Relating To C. Who Is An Insured—Newly Acquired Or Formed Premises Limited Liability Companies I. Blanket Additional Insured—Governmental D. Blanket Additional Insured—Persons Or Entities— Permits Or Authorizations Relating To Organizations For Your Ongoing Operations As Operations Required By Written Contract Or Agreement J. Blanket Additional Insured—Grantors Of E. Blanket Additional Insured —Broad Form Franchises Vendors K. Incidental Medical Malpractice F. Blanket Additional Insured —Controlling Interest L. Blanket Waiver Of Subrogation PROVISIONS For purposes of Paragraph 1. of Section II—Who A. WHO IS AN INSURED — UNNAMED Is An Insured, each such subsidiary will be SUBSIDIARIES deemed to be designated in the Declarations as: The following is added to SECTION II —WHO IS a, A limited liability company; AN INSURED: Any of your subsidiaries, other than a partnership b. An organization other than a partnership,joint or joint venture, that is not shown as a Named venture or limited liability company;or Insured in the Declarations is a Named Insured if: c. A trust; a. You are the sole owner of, or maintain an as indicated in its name or the documents that ownership interest of more than 50% in, such govern its structure. subsidiary on the first day of the policy period; B. WHO IS AN INSURED — EMPLOYEES AND and VOLUNTEER WORKERS—BODILY INJURY TO b. Such subsidiary is not an insured under CO-EMPLOYEES AND CO-VOLUNTEER similar other insurance. WORKERS No such subsidiary is an insured for"bodily injury" The following is added to Paragraph 2.a.(1) of or "property damage" that occurred, or "personal SECTION II—WHO IS AN INSURED: and advertising injury" caused by an offense Paragraphs (1)(a), (b) and (c) above do not apply committed: to "bodily injury" to a co-"employee" while in the a. Before you maintained an ownership interest course of the co-"employee's" employment by you of more than 50% in such subsidiary; or or performing duties related to the conduct of your b. After the date, if any, during the policy period business, or to "bodily injury' to your other that you no longer maintain an ownership "volunteer workers" while performing duties interest of more than 50% in such subsidiary. related to the conduct of your business. CG D1 86 02 19 C 2017 The Travelers Indemnity Company.All rights reserved. Page 1 of 5 Includes copyrighted material of Insurance Services Office.Inc.with its permission. 4918 COMMERCIAL GENERAL LIABILITY C. WHO IS AN INSURED — NEWLY ACQUIRED E. BLANKET ADDITIONAL INSURED — BROAD OR FORMED LIMITED LIABILITY COMPANIES FORM VENDORS 1. The following replaces the first sentence of The following is added to SECTION II —WHO IS Paragraph 3. of SECTION II — WHO IS AN AN INSURED: INSURED: Any person or organization that is a vendor and Any organization you newly acquire or form, that you have agreed in a written contract or other than a partnership or joint venture, and agreement to include as an additional insured on of which you are the sole owner or in which this Coverage Part is an insured, but only with you maintain an ownership interest of more respect to liability for "bodily injury" or "property than 50%, will qualify as a Named Insured if damage" that: there is no other similar insurance available to a. Occurs subsequent to the signing of that that organization. contract or agreement;and 2. The following replaces the last sentence of b. Arises out of "your products" that are Paragraph 3. of SECTION II — WHO IS AN distributed or sold in the regular course of INSURED: such vendor's business. For the purposes of Paragraph 1. of Section II The insurance provided to such vendor is subject —Who Is An Insured, each such organization to the following provisions: will be deemed to be designated in the Declarations as: a. The limits of insurance provided to such vendor will be the minimum limits that you a. A limited liability company; agreed to provide in the written contract or b. An organization other than a partnership, agreement, or the limits shown in the joint venture or limited liability company; Declarations,whichever are less. or b. The insurance provided to such vendor does c. A trust; not apply to: as indicated in its name or the documentsAny express that govern its structure. (1) you or any dsMbut not us orized b onorale for a D. BLANKET ADDITIONAL INSURED— PERSONS purpose not authorized by you; OR ORGANIZATIONS FOR YOUR ONGOING (2) Any change in "your products" made by OPERATIONS AS REQUIRED BY WRITTEN such vendor; CONTRACT OR AGREEMENT The following is added to SECTION II —WHO IS (3) Repackaging, unless unpacked solely for AN INSURED: the purpose of inspection, demonstration, testing, or the substitution of parts under Any person or organization that is not otherwise instructions from the manufacturer, and an insured under this Coverage Part and that you then repackaged in the original container; have agreed in a written contract or agreement to (4) Any failure to make such inspections, include as an additional insured on this Coverage adjustments, tests or servicing as Part is an insured, but only with respect to liability vendors agree to perform or normally for bodily injury or property damage that: undertake to perform in the regular a. Occurs subsequent to the signing of that course of business, in connection with the contract or agreement; and distribution or sale of"your products"; b. Is caused, in whole or in part, by your acts or omissions in the performance of our ongoing (5) Demonstration, installation, servicing or p Y 9 g repair operations, except such operations operations to which that contract or performed at such vendor's premises in agreement applies or the acts or omissions of connection with the sale of "your any person or organization performing such products";or operations on your behalf. (6) "Your products" that, after distribution or The limits of insurance provided to such insured sale by you, have been labeled or will be the minimum limits that you agreed to relabeled or used as a container, part or provide in the written contract or agreement, or ingredient of any other thing or substance the limits shown in the Declarations, whichever by or on behalf of such vendor. are less. Page 2 of 5 ®2017 The Travelers Indemnity Company.All rights reserved. CG D1 86 02 19 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 4919 COMMERCIAL GENERAL LIABILITY Coverage under thi s provision does not apply to: b. Arises out of the ownership, maintenance or a. Any person or organization from whom you use of the premises for which that mortgagee, have acquired "your products", or any assignee, successor or receiver is required ingredient, part or container entering into, under that contract or agreement to be accompanying or containing such products; included as an additional insured on this or Coverage Part. b. Any vendor for which coverage as an The insurance provided to such mortgagee, additional insured specifically is scheduled by assignee, successor or receiver is subject to the endorsement. following provisions: F. BLANKET ADDITIONAL INSURED — a. The limits of insurance provided to such CONTROLLING INTEREST mortgagee, assignee, successor or receiver will be the minimum limits that you agreed to 1. The following is added to SECTION II —WHO provide in the written contract or agreement, IS AN INSURED: or the limits shown in the Declarations, Any person or organization that has financial whichever are less. control of you is an insured with respect to b. The insurance provided to such person or liability for "bodily injury", "property damage" organization does not apply to: or"personal and advertising injury"that arises (1) Any "bodily injury' or "property damage" out of. that occurs, or any "personal and a. Such financial control; or advertising injury' caused by an offense b. Such person's or organization's that is committed, after such contract or ownership, maintenance or use of agreement is no longer in effect; or premises leased to or occupied by you. (2) Any "bodily injury', "property damage" or The insurance provided to such person or "personal and advertising injury" arising organization does not apply to structural out of any structural alterations, new alterations, new construction or demolition construction or demolition operations operations performed by or on behalf of such performed by or on behalf of such person or organization. mortgagee, assignee, successor or 2. The following is added to Paragraph 4. of receiver. SECTION II—WHO IS AN INSURED: H. BLANKET ADDITIONAL INSURED — This paragraph does not apply to any GOVERNMENTAL ENTITIES — PERMITS OR premises owner, manager or lessor that has AUTHORIZATIONS RELATING TO PREMISES financial control of you. The following is added to SECTION II —WHO IS G. BLANKET ADDITIONAL INSURED — AN INSURED: MORTGAGEES, ASSIGNEES, SUCCESSORS Any governmental entity that has issued a permit OR RECEIVERS or authorization with respect to premises owned The following is added to SECTION II —WHO IS or occupied by, or rented or loaned to, you and AN INSURED: that you are required by any ordinance, law, Any person or organization that is a mortgagee, building code or written contract or agreement to assignee, successor or receiver and that you include as an additional insured on this Coverage have agreed in a written contract or agreement to Part is an insured, but only with respect to liability include as an additional insured on this Coverage for"bodily injury", "property damage" or"personal Part is an insured, but only with respect to its and advertising injury" arising out of the liability as mortgagee, assignee, successor or existence, ownership, use, maintenance, repair, receiver for "bodily injury', "property damage" or construction, erection or removal of any of the "personal and advertising injury"that: following for which that governmental entity has a. Is "bodily injury' or "property damage" that issued such permit or authorization: advertising occurs, or is "personal and advertising injury" signs, awnings, canopies, cellar entrances, coal caused by an offense that is committed, holes, driveways, manholes, marquees, hoist subsequent to the signing of that contract or away openings, sidewalk vaults, elevators, street agreement; and banners or decorations. CG D1 86 02 19 C 2017 The Travelers Indemnity Company.All rights reserved. Page 3 of 5 Includes copyrighted material of Insurance Services Office,Inc.with its permission. 4920 COMMERCIAL GENERAL LIABILITY I. BLANKET ADDITIONAL INSURED — 2. The following replaces the last paragraph of GOVERNMENTAL ENTITIES — PERMITS OR Paragraph 2.a.(1) of SECTION II — WHO IS AUTHORIZATIONS RELATING TO OPERATIONS AN INSURED: The following is added to SECTION II —WHO IS Unless you are in the business or occupation AN INSURED: of providing professional health care services, Any governmental entity that has issued a permit Paragraphs (1)(a), (b), (c) and (d) above do or authorization with respect to operations not apply to "bodily injury" arising out of performed by you or on your behalf and that you providing or failing to provide: are required by any ordinance, law, building code (a) "Incidental medical services" by any of or written contract or agreement to include as an your "employees" who is a nurse, nurse additional insured on this Coverage Part is an assistant, emergency medical technician, insured, but only with respect to liability for"bodily paramedic, athletic trainer, audiologist, injury", "property damage" or "personal and dietician, nutritionist, occupational advertising injury"arising out of such operations. therapist or occupational therapy The insurance provided to such governmental assistant, physical therapist or speech- entity does not apply to: language pathologist; or a. Any "bodily injury', "property damage" or (b) First aid or"Good Samaritan services" by "personal and advertising injury" arising out of any of your "employees" or "volunteer operations performed for the governmental workers", other than an employed or entity; or volunteer doctor. Any such "employees" b. Any "bodily injury' or "property damage" or "volunteer workers" providing or failing included in the "products-completed to provide first aid or "Good Samaritan operations hazard". services" during their work hours for you J. BLANKET ADDITIONAL INSURED — will be deemed to be acting within the GRANTORS OF FRANCHISES scope of their employment by you or The following is added to SECTION II —WHO IS performing duties related to the conduct AN INSURED: of your bus iness. Any person or organization that grants a franchise 3. The following replaces the last sentence of to you is an insured, but only with respect to Paragraph S. of SECTION III — LIMITS OF liability for "bodily injury', "property damage" or INSURANCE: "personal and advertising injury" arising out of For the purposes of determining the your operations in the franchise granted by that applicable Each Occurrence Limit, all related person or organization. acts or omissions committed in providing or If a written contract or agreement exists between failing to provide "incidental medical you and such additional insured, the limits of services", first aid or "Good Samaritan insurance provided to such insured will be the services"to any one person will be deemed to minimum limits that you agreed to provide in the be one "occurrence". written contract or agreement, or the limits shown in the Declarations,whichever are less. 4. The following exclusion is added to K. INCIDENTAL MEDICAL MALPRACTICE Paragraph 2., Exclusions, of SECTION I — COVERAGES — COVERAGE A — BODILY 1. The following replaces Paragraph b. of the INJURY AND PROPERTY DAMAGE definition of "occurrence" in the LIABILITY: DEFINITIONS Section: b. An act or omission committed in providing Sale Of Pharmaceuticals or failing to provide "incidental medical "Bodily injury' or "property damage" arising services", first aid or "Good Samaritan out of the violation of a penal statute or services" to a person, unless you are in ordinance relating to the sale of the business or occupation of providing pharmaceuticals committed by, or with the professional health care services. knowledge or consent of, the insured. Page 4 of 5 ®2017 The Travelers Indemnity Company.All rights reserved. CG D1 86 02 19 Includes copyrighted material of Insurance Services Office.Inc.,with its permission. 4921 COMMERCIAL GENERAL LIABILITY 5. The following is added to the DEFINITIONS to any person to the extent not subject to Section: Paragraph 2.a.(1) of Section II — Who Is An "Incidental medical services" means: Insured. a. Medical, surgical, dental, laboratory, x-ray L. BLANKET WAIVER OF SUBROGATION or nursing service or treatment, advice or The following is added to Paragraph S., Transfer instruction, or the related furnishing of Of Rights Of Recovery Against Others To Us, food or beverages; or of SECTION IV — COMMERCIAL GENERAL b. The furnishing or dispensing of drugs or LIABILITY CONDITIONS: medical, dental, or surgical supplies or If the insured has agreed in a contract or appliances. agreement to waive that insured's right of 6. The following is added to Paragraph 4.b., recovery against any person or organization, we Excess Insurance, of SECTION IV — waive our right of recovery against such person or COMMERCIAL GENERAL LIABILITY organization, but only for payments we make CONDITIONS: because of: This insurance is excess over any valid and a. "Bodily injury" or "property damage" that collectible other insurance, whether primary, occurs; or excess, contingent or on any other basis, that b. "Personal and advertising injury" caused by is available to any of your "employees" for an offense that is committed; "bodily injury" that arises out of providing or subsequent to the execution of the contract or failing to provide "incidental medical services" agreement. CG D1 86 02 19 C 2017 The Travelers Indemnity Company.All rights reserved. Page 5 of 5 Includes copyrighted material of Insurance Services Office,Inc.with its permission. 4922 BOARD OF COUNTY COMMISSIONERS %-Iounty of MonroeN Mayor Craig Cates,District 1 The Florida Keys Mayor Pro Tem Holly Merrill Raschein,District 5 y ,.. , Michelle Lincoln,District 2 f James K.Scholl,District 3 Robert B.Shillinger,County Attorney** David Rice,District 4 Pedro J.Mercado,Sr.Assistant County Attorney** �� Cynthia L.Hall,Sr.Assistant County Attorney** Christine Limbert-Barrows,Assistant County Attorney** Office of the County Attorney Derek V.Howard,Assistant County Attorney** 1111 12a'Street,Suite 408 Peter H.Morris,Assistant County Attorney** Key West,FL 33040 Patricia Eables,Assistant County Attorney (305)292-3470 Office Joseph X.DiNovo,Assistant County Attorney** (305)292-3516 Fax Kelly Dugan,Assistant County Attorney Christina Cory,Assistant County Attorney **Board Certified in City,County&Local Govt.Law RE: Waiver of insurance Requirements Risk Management is waving the contract requirement of Auto liability insurance for Anfield Consulting. They presently do not own a vehicle. Thank you, Brian Bradley Risk Manager 4923 DATE(MM/DD/YYYY) AC "R" �, CERTIFICATE OF LIABILITY INSURANCE 10/17/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Mary Storti PHONE 877 266-6850 FAX c/o Paychex Insurance Agency, Inc. (A/C, MA Lo Ext: ( ) A/c No 150 Sawgrass Drive ADDRESS: pbscerts@paychex.com Rochester, NY 14620 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: American Zurich Insurance Company 40142 INSURED INSURER B: Paychex PEO Holdings LLC Alt.Emp:Anfield Consulting Group Inc 911 Panorama Trail South INSURER C: Rochester,NY 14625 INSURER D 7 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:23FLO951019369 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 EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YWY MM/DD/YWY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAM CLAIMS-MADE1:1 OCCUR P R E M SES OERa oNcurrDence $ MED EXP(Any one person) $ APPROVED BY RISK MANAGEMENT ,. PERSONAL&ADV INJURY $ BY .....�. m ---�" GEN'L AGGREGATE LIMIT APPLIES PER: - v-' ,,.' "`"""' GENERAL AGGREGATE $ POLICY PRO- ❑ LOC DATE �51Zn2 PRODUCTS-COMP/OPAGG $ JECT WAIVER N/A_YES _ $ OTHER: AUTOMOBILE LIABILITY COMBINEDSINGLELIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 2,000,000 A OFFICER/MEMBER EXCLUDED? N/A X WC 12-68-329-03 06/01/2024 06/01/2025 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 2,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 2,000,000 Location Coverage Period: 06/01/2024 06/01/2025 Client# 20004488-FL DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Coverage is provided for only those co-employees Anfield Consulting of,but not subcontractors to: Endorsements:Waiver of Subrogation CERTIFICATE HOLDER CANCELLATION Monroe County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1100 Simonton Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Key West, FL 33040 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ell,��'^ 4924 �. ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and loao are reaistered marks of ACORD