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HomeMy WebLinkAbout12/11/2024 Agreement GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: December 18, 2024 TO: Bob Shillinger County Attorney FROM: Liz Yongue, Deputy Clerk SUBJECT: December 11, 2024 BOCC Meeting The following item has been executed and added to the record: P7 Professional Services Agreement with the new law firm of White & Smith Zoning Law, LLC that will take effect January 1, 2025. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into this 11th day of December 2024, by and between MONROE COUNTY, hereinafter referred to as Client, and White & Smith Zoning Law, LLC, hereinafter referred to as the Firm. WHEREAS, the Client requires certain professional legal and planning services; and, WHEREAS, the Firm represents that it is capable of providing such Services: NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: ARTICLE 1 - EFFECTIVE DATE AND TERM The effective date of this Agreement shall be January 1, 2025. The Agreement shall continue in full force and effect until terminated either by the Firm or by the Client. Monroe County's obligation to pay is contingent upon annual appropriation by the Monroe County Board of County Commissioners. This agreement shall replace the prior agreement between the parties plus all of its amendments. ARTICLE 2—THE PARTIES The Client is Monroe County, acting by and through its duly elected and appointed officers and its employees. The Firm is a business entity licensed to do business within the State of Florida. The primary attorney named below is licensed to practice law within the State of Florida and will be responsible for providing legal services to the County Attorney under this Agreement. However, other timekeepers in the Firm may support the work of the primary attorney and provide other planning expertise. The Firm may not outsource the work covered by this Agreement without full written disclosure and prior written approval from the County acting through the County Attorney. The primary attorney providing legal services under this Agreement shall be Tyson Smith. Other timekeepers may be assigned, as provided for in Article 4. The Firm will communicate as appropriate with the County by e-mail, which may not be secure. However, the County and the Firm will not rely upon e-mail communications for matters that are urgent. The point of contact for this matter at County is the County Attorney, the Director of Planning and Environmental Resources, or the County Attorney's or Director's respective designees. The County Attorney, or other County official designated by the County Attorney will timely inform the primary attorney for the Firm of any Board, Commission, or other agency action related to all matters to which the Attorney has been assigned, which would impact upon the Firm's representation of the County in this matter. Communications by the Firm to a designated County point of contact shall be considered communications to the County. If the designated point of contact wishes the Firm to communicate any information or opinion directly to the Board of County Commissioners, the County designee will request in writing that the primary attorney to do so. ARTICLE 3 --SERVICES TO BE PERFORMED 1 The Firm shall provide planning and legal advice and legal representation to the Client with regard to the following subject matter areas as requested by the Monroe County Attorney, the Director of Planning and Environmental Resources, or their respective designees and subject to the prior approval of the Firm: Matters related to the County's Planning and Environmental Resources Department or County Attorney's Office as assigned in writing by the County Attorney. Firm timekeepers shall consult directly with the office of the County Attorney, or the County Attorney's designee, or the Director of Planning and Environmental Resources, or the Director's designee, on an as needed basis on issues relating to land use and to growth management, including research of state, federal and local laws and cases; review of county documents including plans, regulations, policies, resolutions and other relevant material; the preparation of memoranda, ordinances, plans and other documents as specified by the County Attorney or the Director. This is specifically not an agreement for representation in litigation; however, the County Attorney may expressly request a legal or planning opinion which may relate to litigation, and the Firm may accept to advise the County on that topic or not as the Firm's expertise applies. Additionally, the Firm shall prepare and file an amicus curiae brief in the Supreme Court on behalf of the Florida Association of Counties consistent with the County's position in support of the City of Marathon in any further appeal from the decision of the Third District Court of Appeal in the matter of Shands v. City of Marathon, 3D21-1987. 3.1 No Conflicts. The Firm has conducted a thorough investigation and determined that neither the Firm nor its employees have any ethical impediment, real or potential, to representing the County. If any such impediment arises, the Firm shall immediately take steps required by Florida Bar rules, if applicable, to resolve the conflict or withdraw from representation. If a conflict of interest arises that cannot be avoided or mitigated under the Rules of Professional Conduct of the Florida Bar, the County may, in its discretion, (a) obtain reimbursement from the Firm for all fees and costs paid to the Firm in this matter related to the conflict; and (b) obtain cancellation of all further amounts allegedly owed by the County to the Firm related to the conflict. 3.2 Professional Ability to Perform Work; Contract Manager. The Firm warrants that it is authorized by law to engage in the performance of the work described herein, subject to the terms and conditions set forth in this Agreement. The Firm shall designate Tyson Smith as the contract manager, who at all times shall exercise independent professional judgment and shall assume professional responsibility for the services to be provided. The Firm warrants that the authorized timekeepers are authorized by law and by the Rules and Regulations of the Florida Bar, where applicable, to engage in the performance of the activities encompassed by the Agreement. 3.3 Management of Timekeepers. The Firm is responsible for managing the matter cost-effectively and competently. The Firm shall ensure that additional timekeepers are competent, properly supervised, efficient, and in compliance with the terms of this Agreement as well as with all ethical obligations set forth in the Rules of Professional Responsibility of the Florida Bar, as applicable. ARTICLE 4 -COMPENSATION 4.1 FEES: The following are approved timekeepers and their hourly rates: 2 Name Hourly Rate E. Tyson Smith $275 normal billing (legal)and $250 (planning) E. Tyson Smith $300 when travel is required for authorized County business S. Mark White $250 normal billing (legal)and $225 (planning) Legal Associates $195 Planners $125 Interns $50 The initial timekeeper categories and fees approved by the County are listed above. These categories of timekeepers or fees may be amended from time to time upon the prior written approval of the Monroe County Attorney. In the event that categories are added, their billing rates shall be as shown above, as may be amended from time to time. 4.2 COSTS: a. Travel expenses for timekeeper travel in excess of 50 miles from the timekeeper's office will be reimbursed in accordance with and at the rate set forth in the applicable provisions for "approved travelers" in the Monroe County Code, and will be summarized on the Monroe County Travel Form with all applicable receipts attached. b. Travel expenses, including but not limited to, transportation, food, and hotel or other accommodations, shall not be billed separately, but shall be reimbursed included in the rate of$300 per hour as listed in section 4.1 above. c. Other reimbursable expenses will include court filing fees and costs, witness fees (including experts and consultants), transcripts, and court reporter fees. Pre-approval from the County must be obtained for these items. The Firm shall attach copies of statements or receipts showing that payment has been made together with any and all backup documentation to substantiate the expense to the invoice. d. All reimbursable expenses outlined above must be passed through without markup. e. All other costs will be non-reimbursable, including but not limited to postage (including overnight mail), photocopies, facsimiles, telephone charges, courier charges, and computerized research. 4_3 RETAINER A retainer will not be required. 4_4 BILLING All invoices shall be sent to the Client on a monthly basis. All invoices shall be paid in accordance with Florida Local Government Prompt Payment Act unless there are disputed charges. All billing shall be done in .10 hour increments. Each invoice shall list the names of the attorneys or planners working on each matter and the amount of time expended on the matter by each attorney or planner, on a daily basis, with a short description of the work performed for that billing entry. Each invoice will be submitted with supporting documentation in a form acceptable to the Clerk of Courts, based on generally accepted accounting principles, and such laws, rules and regulations as may govern the Clerk's disbursal of funds. 3 The Firm will bill the County only for time reasonably and necessarily incurred to render professional services on the County's behalf in accordance with this Agreement. Time attributable to resolving billing questions is not billable. Time expended by timekeepers not included in the 4 timekeeper categories above is not billable, unless expressly authorized by the County Attorney prior to work performed or expenses incurred. The County Attorney will receive early and frequent evaluation of all matters. If the Firm is authorized and undertakes litigation services as provided above and the Client is not likely to prevail in litigation, in the Firm's reasonable estimation, the County Attorney will be advised in order to minimize litigation costs, and settle the case. ARTICLE 5 -STANDARD OF CARE The Firm shall exercise the same degree of care, skill, and diligence in the performance of the Services as is ordinarily provided by legal and planning professionals under similar circumstances and the Firm shall, at no additional cost to the Client, re-perform services which fail to satisfy the foregoing standard of care. ARTICLE 6 -COMPLIANCE WITH LAWS In performance of the Services, the Firm will comply with applicable regulatory requirements including federal, state, and local laws, rules regulations, orders, codes, criteria and standards. ARTICLE 7 - INSURANCE During the performance of the Services under this Agreement, the Firm shall maintain Professional Liability Insurance, which shall be written by an insurance company authorized to do business in Florida. This insurance shall provide coverage against such liability resulting from this Contract. The minimum limits of coverage shall be $1,000,000 per claim and aggregate. The Firm will provide workers compensation insurance coverage as required in South Carolina and Missouri. The Firm will provide Employers Liability coverage in the amounts of$500,000 for bodily injury by accident, $500,000 for bodily injury by disease, policy limits, and $500,000 bodily injury by disease, each employee. The Firm will provide Commercial general liability coverage in the amount of$1,000,000. The Firm will provide vehicle liability coverage in the amount of$300,000. Certificates of insurance showing coverage in the amounts shown above is in force shall be on file at the time of initial execution of the Agreement by both parties. The Firm shall maintain coverage in force at all times. Thereafter, the Firm shall supply new certificates of insurance, showing coverage in force, whenever the policy lapses or is replaced by another policy. ARTICLE 8—MODIFICATION and TERMINATION OF AGREEMENT Any modification or amendment to this Agreement requires the prior express written consent of both parties. Client shall have the right to terminate this Agreement or suspend performance thereof without cause for the Client's convenience upon written notice to the Firm, and the Firm shall have the right to terminate or suspend performance of Services upon written notice to the Client and upon terms consistent with the Rules Regulating the Florida Bar and the State and Federal Rules of Civil Procedure, if applicable. 5 Upon termination and upon timely request of Client, the Firm agrees to return copies of all documents in its possession of any nature related to the Firm's representation of the County that have not previously been provided to the County. ARTICLE 9 -UNCONTROLLABLE FORCES Neither the Client nor the Firm shall be considered to be in default of this Agreement if delays in orfailure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions (unless such governmental action is the nonpayment of legal fees). Neither party shall, however, be excused from performance if nonperformance is due to forces which are preventable, removable, or remediable and which the non-performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTICLE 10—DISPUTE RESOLUTION This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue shall be in the Circuit Court of the 161" Judicial Circuit or the U.S. District Court for the Southern District of Florida. The prevailing party in any proceeding to resolve a dispute under this Agreement shall be entitled to recover reasonable expenses, including attorney's fees and costs, awarded by a court of competent jurisdiction. ARTICLE 11 —NOTICE Any notice required to be given under this Agreement shall be in writing and delivered by certified mail, return receipt requested, to the other party as follows: For Monroe County: For the Firm: Robert B. Shillinger, Esq. Tyson Smith, Esq.,AICP Monroe County Attorney White & Smith Zoning 1111 121" St. Suite 408 Law, LLC Key West, FL 33040 PO Box 20954 Tel.: (305) 292-3470 Charleston, SC 29413 Fax: (305)292-3516 Tel: (843) 937-0201 ARTICLE 12—ETHICS CLAUSE The Firm warrants that it has not employed, retained or otherwise had acts on its behalf any former Monroe County Code officer or employee in violation of Section 2 of Ordinance 10-1990 or any current County officer or employee in violation of Section 3 of Monroe County Ordinance 10-1990. For breach or violation of this provision, the County may, at its discretion, terminate this Agreement without liability and may also deduct from the amount owed the full amount of any fee, 6 commission, percentage, gift or consideration paid to the former or present County officer or employee. The parties recognize and agree 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. ARTICLE 13—GOVERNING LAW This Agreement shall be governed and construed by and in accordance with the laws of the State of Florida. Venue for any legal action which may arise out of or under this agreement shall be in Monroe County, Florida. ARTICLE 14— RECORDS The Firm shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. If an auditor employed by the County or the Clerk of Courts determines that monies paid to the Firm were spent for purposes not authorized by this Agreement, the Firm shall repay the monies together with interest calculated pursuant to Section 55.03, F.S., running from the date the monies were paid to the Firm. ARTICLE 15—FLORIDA PUBLIC RECORDS LAW Per F.S. 119.0701, the Firm shall: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in 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 Firm does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Firm or keep and maintain public records required by the public agency to perform the service. If the Firm transfers all public records to the public agency upon completion of the contract, the Firm shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Firm keeps and maintains public records upon completion of the contract, the Firm shall meet all applicable requirements for retaining public records.All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. A contractor who fails to provide public records to Monroe County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section 119.10, 7 Florida Statutes. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Firm. Failure of the Firm to abide by the terms of this provision shall be deemed a material breach of this contract and the Firm 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 Firm shall not transfer custody, release, alter, destroy, or otherwise dispose of any public records except as 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 AT: MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH ST., SUITE 408, KEY WEST FL 33040, , (305) 292-3470. ARTICLE 16—MISCELLANEOUS A. F.S. 287.135: This contract is terminable at the option of the County if the firm is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. B. 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 public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, FIRM represents that the execution of this Agreement will not violate the Public Entity Crimes Act(Section 287.133, Florida Statutes). Violation of terms of this contract shall result in termination of this Agreement and recovery of all monies paid hereto, suspension of the ability to bid on and perform County contracts, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, FIRM 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 FIRM has been placed on the convicted vendor list. FIRM will promptly notify the COUNTY if it or any subcontractor or FIRM is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 8 C. Ethics Clause: The Firm warrants that it has not employed, retained, or otherwise had act on its behalf, any former County officer or employee subject to the prohibition of Monroe County Ordinance No. 010-1990 or any current County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or reviolation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. D. No Solicitation / No Payment: The FIRM 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 FIRM 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. E. Non-Discrimination. FIRM 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. FIRM 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, 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, sexual orientation, sex, religion, disability, 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 hereto, or the subject matter of, this Agreement. E-Verify System. In accordance with F.S. 448.095, the Firm will register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Firm during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the 9 Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall in these then provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Firm shall comply with and be subject to the provisions of F.S. 448.095. COUNTY FORMS. By signing this Agreement, FIRM has sworn or affirmed to the following requirements as set forth in the Vendor Certification Regarding Scrutinized Companies List, Non-Collusion Affidavit, and Affidavit Attesting to Noncoercive Conduct for Labor or Services as set forth in more detail in this Agreement. VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS FIRM 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 Terrorism 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 Company, I hereby certify that the company identified above is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism List, or engaged in business operations in Cuba or Syria. 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 Terrorism List or been engaged in business operations in Cuba or Syria. 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 1c in the Iran Terrorism List or been engaged in business operations in Cuba or Syria. Note: The List are available at the following Department of Management Services Site:httc://www.dms.mvflorida.com/business operations/state urchasin /vendor information/c onvicted suscended discriminatory comclaints vendor lists Non-Collusion Affidavit FIRM by signing this Agreement, according to law on my oath, and under penalty of perjury, depose and say that the person signing on behalf of the firm of FIRM, the bidder making the Bid/Proposal for the project described in the Scope of Work and that I executed the said bid/proposal with full authority to do so; the prices in this bid/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 bidder or with any competitor; unless otherwise required by law, the prices which have been quoted in this bid/proposal have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid/proposal for the purpose of restricting competition; the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES As a nongovernmental entity executing, renewing, or extending a contract with a government entity, FIRM is required to provide an affidavit under penalty of perjury attesting that FIRM does not use coercion for labor or services in accordance with Section 787.06, Florida Statutes. As defined in Section 787.06(2)(a), coercion means: 1. Using or threating to use physical force against any person; 2. Restraining, isolating, or confining or threating to restrain, isolate, or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or service are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; 5. Causing or threating to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule II of Section 893.03 to any person for the purpose of exploitation of that person. As a person authorized to sign on behalf of FIRM, I certify under penalties of perjury that FIRM does not use coercion for labor or services in accordance with Section 787.06. Additionally, FIRM has reviewed Section 787.06, Florida Statutes, and agrees to abide by same. 11 IN WITNESS WHEREOF, the Client and the Firm have executed this Agreement as of the day and year first above written: • White &Smith Zoning Law, LLC MONROE COUNTY BOARD OF COUNTY CO MMISSIONERS ak K " y: Ai 46. Tyson Smith, AICP, Esq. Jame . Scholl, Mayor Shareholder . Date: • . .. •. November 22, 2024 'r T. =:\ VIN MADOK, CLERK . . As Deputy Clerk • MONROE COUNTY ATTORNEY'S OFFICE F CE • Approved for form and legal sufficiency Robert U . Digitally signed by Robert B.Shillinger • DN:cn=Robert B.Shillinger,o=Monroe County . '..B000,ou=Monroe County Attorney, mail=shillinger bob@monrcecounty fl.gov,c=US By: h I I I I Date:2024.12.18.11:42:18-05'00' n er Robert Shilling er, Jr., County Attorney :41. ' .. f,`-a:• .. Client#: 94974 WHITSMI DATE(MM/DD/YYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 1 11/25/2024 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Select Business Unit CBIZ Insurance Services, Inc. PHONE 888-408-7500 FAX A/C,No,Ext: (A/C,No): 44 Baltimore Street E-MAIL ADDRESS: cbizselect@cbiz.com Cumberland, MD 21502 INSURER(S)AFFORDING COVERAGE NAIC# 301 777-1500 INSURER A:Aspen en American Insurance Co. 43460 INSURED INSURER B: White&Smith LLC INSURER C 200 NE Missouri Road, Suite 200 INSURER D Lees Summit, MO 64086 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 CONTRACTOR 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 ADDLSUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR PREMISESOEa occurrDence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO PRODUCTS-COMP/OP AGG $ POLICY JECTPRO- LOC OTHER: $ AUTOMOBILE LIABILITY APPROVED BY RISK MANAGEMENT COMBINED SINGLE LIMIT Ea accident ANY AUTO BY-;__,m w .-., „✓ BODILY INJURY(Per person) $ OWNED AUTOS ONLY AUTOSULED DATE 11/26'/Z6n BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY WAIVER N/A YES Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional LPPOO180610 02/01/2024 02/01/2025 $1,000,000 Each Claim Liability $1,000,000 Aggregate Claims-Made $10,000 Ded Per Claim DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Retroactive Date 02/01/2005 Reference Number-FX00000380 CERTIFICATE HOLDER CANCELLATION Monroe Count BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Insurance Compliance ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 100085-FX Duluth, GA 30096 AUTHORIZED REPRESENTATIVE CBIZ Insurance Services,Inc, ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S4320430/M3923209 ORAW5 THE HARTFORD BUSINESS SERVICE CENTER THE ,o 3600 WISEMAN BLVD HARTFORD SAN ANTONIO TX 78251 March 26, 2024 Monroe County 1111 12TH ST KEY WEST FL 33040-4088 Account Information: Contact Us Policy Holder Details : WHITE &SMITH, LLC Need Help? Chat online or call us at (866)467-8730. We're here Monday- Friday. Enclosed please find a Certificate Of Insurance for the above referenced Policyholder. Please contact us if you have any questions or concerns. Sincerely, Your Hartford Service Team WLTRO05 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 03/26/2024 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 be endorsed. If SUBROGATIONIS 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 MARSH &MCLENNAN AGENCY LLC/PHS NAME: 37330172 PHONE (866)467-8730 FAX (A/C,No,Ext): (A/C,No): The Hartford Business Service Center 3600 Wiseman Blvd E-MAIL San Antonio,TX 78251 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA: Twin City Fire Insurance Company 29459 WHITE&SMITH, LLC INSURER B: Hartford Fire and Its P&C Affiliates 00914 200 NE MISSOURI RD STE 200 INSURERC: LEES SUMMIT MO 64086-4722 INSURER D 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 INSR WVD MM/DD/YYYY MM/DD/Y COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000 CLAIMS-MADE OCCUR DAMAGE TO RENTED $1,000,000 PREMISES Ea occurrence X General Liability MED EXP(Any one person) $10,000 A X 37 SBA RH7924 02/01/2024 02/01/2025 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO- APPROVED BY RISK MANAGEMENT POLICY❑ LOC �, PRODUCTS-COMP/OPAGG $2,000,000 JECT El OTHER: DATE7Fi/7n74 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY WAIVER N/A YES $1,000,000 Ea accident ANY AUTO BODILY INJURY(Per person) A ALL OWNED SCHEDULED 37 SBA RH7924 02/01/2024 02/01/2025 BODILY INJURY(Per accident) AUTOS AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS X AUTOS (Per accident) X UMBRELLA LAB X OCCUR EACH OCCURRENCE $1,000,000 EXCESS LA CLAIMS- AGGREGATE $1,000,000 A MADE 37 SBA RH7924 02/01/2024 02/01/2025 DED X RETENTION$ 10,000 WORKERS COMPENSATION X PER I OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY Y/N E.L.EACH ACCIDENT $1,000,000 B PROPRIETOR/PARTNER/EXECUTIVE N/A 37 WBC IC8072 02/01/2024 02/01/2025 OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $1,000,000 (Mandatory in NH) If yes,describe under E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Those usual to the Insured's Operations.Certificate holder is an additional insured per the Business Liability Coverage Form SS0008 attached to this policy. CERTIFICATE HOLDER CANCELLATION Monroe County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 1111 12TH ST BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED KEY WEST FL 33040-4088 IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE A,1 12�3 ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD