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HomeMy WebLinkAbout4. 06/18/2025 Agreement GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: June 24, 2025 TO: Judith Clarke, PE, Director Engineering/Roads & Bridges ATTN: Samantha Yeoman Executive Assistant FROM: Liz Yongue, Deputy Clerk SUBJECT: June 16, 2025 BOCC Meeting The following item has been executed and added to the record: C21 Agreement with Anderson Outdoor Advertising, Inc. for Constructing and Maintaining Bus Shelters for the purpose of Selling and Placing Advertising on Shelters on US in the Florida Keys. The contractor will pay the County on a quarterly basis in current funds an amount equal to 35% of the total advertising revenue that is earned for the shelters that are a part of the agreement. 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 AGREEMENTFOR INSTALLING AND MAINTAINING BUS SHELTERS 0NUS1 |N THE FLORIDA KEYS This Agreement ("Agreement") made and entered into this 18th day of June 2O25bv and between Monroe County, m political subdivision mf the State of Florida, whose address is 1100 Simonton Strmmt, Key VVmst, Florida, 33040, its successors and assignm, hereinafter referred to as "COUNTY,"through the Monroe County Board of County Commissioners ("BOCC"), AND Anderson Outdoor Advertising, Inc., a Corporation of the State of Florida, whose address in 9 Azalea Drive, Key West, Florida 33040. its successors and assiQno, hereinafter referred toas "C()NTRAC7-OR" . WHEREAS, CONTRACTOR has agreed to provide services which shall include but not be limited to erecting and maintaining bus shelters in Monroe County; NOW, THEREF{}RE, in consideration of the mutual pronnises, covenants and agreements stated hepa|n, and for other good and valuable conoideration, the sufficiency of which is hereby acknowledged, COUNTY and CONTRACTOR agree aafollows: ` 1. The term of this Amended Agreement shall commence upon execution of this Agreement and extend for five (5) years. COUNTY shall have the option to extend the agreement for two additional five-year terms. 2. If the Amended Agreement is further ex±ended, then the fee for each bus shelter shall barenegotiated. 3. CONTRACTOR shall mvvn and erect bus nhe|tero, substantially as described in the Scope of Services (Attachment A) at sites located on the public right-of-way of U.S. 1 within the unincorporated areas of the County north of the City of Marathon. At all times during the term of this Agreement, the bus shelter structures shall remain the property of CONTRACTOR and the land upon which the bus eho|tena are enected, shall remain as m public right-of-way. This Agreement shall not be construed to impose any obligation on CONTRACTOR to maintain such land other than aa necessary in erecting and maintaining the bus shelters. 4. CONTRACTOR may sell and place advertising in the bus stop shelters. All advertising revenues shall be payable solely toCONTRACTOR. /f the County reasonably objects to any advertisement, such advertisement shall be removed on written request by the County. 5. CONTRACTOR shall erect, install, |ighL, o|ean, rnaintmin, remove trash, repair or nap|eoa in compliance with all applicable cudom, these shelters/benches at no cost to the County. General maintenance shall be performed bi-weekly and damage to the shelter shall be repaired within forty-eight (48) hours of the time said damage is reported to CONTRACTOR. 5. CONTRACTOR shall promptly remove shelters at locations that are no longer needed, upon written notification from the County. ����Y� ��� ������y���T ^ ��' ^'"' ��' AGREEMENT ARTICLE 1 REPRESENTATIONS AND WARRANTIES 1.1 Bv executing this Agreement, CONTRACTOR makes the following express representations and warranties tmthe COUNTY: 1.1.1 The CONTRACTOR shall maintain all necessary |ioensao, permits or other authorizations necessary to act as CONTRACTOR for the Project until the CONTRACTOR'S duties hereunder have been fully satisfied; 1.1-2 The CONTRACTOR has become familiar with the Project sites and the |000| conditions under which the Work iatobmcompleted. 1.1.3 The CONTRACTOR assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1'4The CONTRACTOR'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly pnognsao of the Project. In providing all oen/ioee pursuant tothis agreement. the CONTRACTOR shall abide by all atotutes, ordinanoon, rules and regulations pertaining to, or regulating the provisions of such omn/ioms, including those now in effect and hereinafter adopted. Any violation of said statutem, ond|nomces, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONTRACTOR. 1.1.5 At all times and for all purposes under this agreement the CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained inthis agreement shall be construed omaetofind the CONTRACTOR or any of his/her onnp|myees, oontnacJoro, aan/ants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.6 The CONTRACTOR shall not discriminate against any person on the basis of race, cxaed, co|or, national origin, eex, aQo, or any other characteristic nr aspect which is not job ne|oted, in its nec[UiUng, hiring, pronnoUOg, t8rnninot|Dg, or any other area affecting employment under this agreement Vr with the provision of services or goods under this agreement. ARTICLE 11 SCOPE OF SERVICES 2.1 DEFINITION CONTRACTOR'S Scope of Services consist of those described in Attachment A. and as described in the Agreement, 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES The CONTRACTOR ohaU, without compensation, promptly nepoir, nap|moe or correct any errors, omissions, or deficiencies, in the work product of the CONTRACTOR or its subcontractors, or both. 21pag e 2.3 NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONTRACTOR. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified nnai|, return receipt requested, to the following: K80. Judith C|8[he' P.E. Director ofEngineering Services Monroe County 11DO Simonton Street, Room 2-210 Key West, F|orida33O40 And: Ms. Christine Hurley Monroe County Administrator 1100 Simonton Street, Room 2'2O5 Key West, Florida 33O4U For the CONTRACT ��� ~ /�� � � u-��) ARTICLE IV COUNTY'S RESPONSIBILITIES 4'1 The COUNTY mheU provide written notice to the contractor of locations xvhena new bus shelters are tobe installed. 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. 4.3 Prompt written notice nho|| be given by the COUNTY and its representative to the CONTRACTOR if they become aware of any fault or defect in the Work. Written notice shall be deemed to have been duly served if sent pursuant tm paragraph 2.3. 4'4 The COUNTY shall furnish the required information and oan/iceo and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONTRACTOR'S services and work mf the contractors. 4.5 Any information that may be of assistance to the CONTRACTOR Lo which the COUNTY has immediate access will baprovided as requested. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS 5.1 The CONTRACTOR covenants and agrees to indemnify and hold honn|aoa COUNTY/Monroe County and Monroe County Board of County Commissioners, its officers and employees from liabilities, damages, losses and onste, including but not United to, reasonable attorneys' fmms, to the extent caused by the ne8|igance, recklessness, or intentional wrongful conduct of the C{JNTRACTOR, subcontractor(s) and other persons employed or utilized by the CONTRACTOR in the performance of the contract. 5'2 |n accordance with F.8. 387.408(1). the CONTRACTOR shall indemnify, defend, and hold harmless the Florida Department of Transportation from any suits, actions, proceedings, o|m|nns. |ommmn, ooats, chorgen, expenses, damages, |iobi|itims, attorney fees, and court cost relating to the inotm||ation, removal or relocation of such installations. 5.3 The extent of hobi|hx is in no way limited to, naduomd. or lessened by the insurance requirements contained elsewhere within this agreement, Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONTRACTOR, the CONTRACTOR agrees and vvonanto that he shall hold the COUNTY harmless and shall indemnify him from all losses occurring thereby and shall further defend any claim or action on the COUNTY'S behalf. 5.4 In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONTRACTOR'S failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify COUNTY from any and all increased expenses resulting from such delays. Should any claims be asserted against COUNTY by virtue of any deficiencies or ambiguity in the plans and specifications provide by the CONTRACTOR the CONTRACTOR agnaom and warrants that CONTRACTOR hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims or action mn the COUNTY'S behalf. 5.5 The extent of |\obi|ih/ is in no vvgy |irn|bad to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. 5-6 This indemnification shall survive the expiration or early termination of the Agreement. ARTICLE V1 PERSONNEL 6.1 PERSONNEL The CONTRACTOR shall assign only qualified personnel to perform any service concerning the project. ARTICLE V11 COMPENSATION 7.1 COMPENSATION 7.1.1 The CONTRACTOR will pay the COUNTY on a quarterly basis in current funds an amount equal to 35% of the total advertising revenue that is earned for the nhm|bena that are a part of this agreement. The CONTRACTOR will provide with each paynnent, an exhibit that outlines the total revenue per shelter for the quarter. /411 � m ARTICLE V111 INSURANCE 8.1 The CONTRACTOR shall obtain insurance ae specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project 8o include the work of others) is delayed or suspended as e result of the CONTRACTOR'S taUuna to purchase or maintain the required ineumonoa` the CONTRACTOR aho|| indemnify the COUNTY from any and all increased expenses resulting from such delay. 8-2 The coverage provided herein shall be provided by an insurer with onA.N1. Best rating ofV| or badar, that is |iomnaad to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage ehe|| contain an endorsement providing sixty (80) days notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by on insurer acceptable tmthe COUNTY and oho|| be in m form acceptable to the COUNTY. 8.3 CONTRACTOR shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida 8tatuto44U. B. Employers Liability Insurance with limits nf $1UU.UUU per Accident, $500.000 Disease, policy limits, $100.OUO Disease each employee. C. 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 onnite and offsite opmnations, and ovvned, hired or non- owned vehicles, with $200.000 per parson. $300.000 per occurrence liability and $2OO.0OO property damage or$3OD.DD0 combined single limit. O. Commercial general UmbUitv. including Personal Injury Liability, covering o|airna for injuries to members of the public or damage to property of others arising out of any covered act or nnniao|on of the CONTRACTOR or any of its emp|myeoo, agents or subcontractors orsubcontractors, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and with $1.00O`000 per occurrence and annual aggregate. An Occurrence Form policy is preferred. If coverage is changed to or provided on m Claims Made pm|icy, its prox|o|nne should include coverage for claims filed on or after the effective date of this contract. In oddition, the period for which o|ainna may be reported must extend for o minimum of 48 months following the termination or expiration of this contract. E. COUNTY shall be named as an additional insured with respect to CONTRACTOR'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. F. CONTRACTOR shall require its subcontractors to be adequately insured at least to the limits prescribed above, and to any increased limits of CONTRACTOR if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subcontractors. G. CONTRACTOR shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured on General and Auto Liability. The COUNTY reserves the right to require a certified copy of such policies upon request. H. If the CONTRACTOR participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONTRACTOR may be required to submit updated financial statements from the fund upon request from the COUNTY. ARTICLE IX MISCELLANEOUS 9.1 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. 9.2 SUCCESSORS AND ASSIGNS The CONTRACTOR 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 for Monroe County and the CONTRACTOR, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. 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. 9.3 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.4 TERMINATION A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONTRACTOR. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. C. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such tmrninaUmn. prior to termination, the COUNTY ahm) provide CONTRACTOR with seven (5) days' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONTRACT[}R. CONTRACTOR shall pay COUNTY the ourn due under this agreement prior totermination O. Termination for Convenience: The COUNTY may terminate this Agreement for conven|enoe, at any time, upon 60 days' notice to CONTRACTOR. If the COUNTY terminates this agreement with the CONTRACTOR, CONTRACTOR shall pay COUNTY the sum due under this agreement prior totermination E. For Contracts of any amount, if the County determines that the Contractor/CONTRACTOR has submitted a false certification under Section 287.135(5). Florida Statutes or has been placed on a list created pursuant to F.S. 215.473, nu|ahnQ to scrutinized active business operations in Iran orie found to be placed on the Scrutinized Companies that Boycott Israel L|nt, or is engaged in o boycott ofIsrael, the County shall have the option of (1) terminating the Agreement after it has given the Contrmctmr/CONTRACTC}Rvvritten 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. 9.6 CONTRACT DOCUMENTS This contract consists of the Request for Proposa|e, any addenda, the Form of Agreement (Articles |-|}(\. the CONTRACTOR'S response tothe RFP, the documents referred to in the Form of Agreement as a port of this Agneanoent, and attachments A and B. and modifications made after mxmouUVn by written amendment, In the event of any conflict between any of the Contract documento, the one imposing the greater burden on the CONTRACTOR will control. 9.7 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 o public entitv, may not submit m bid on m contract with a public entity for the construction or repair of public building or public vvork, may not submit bids on |eomen of real property to public entity, may not heawarded or perform work oaa contuactor, nupp|ier, subcontractor, or CONTRACTOR under a contract with any public entitv, 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 data of being placed on the convicted vendor list. The Public Entity Crime Statement and other County forms are included oaAftmchrnentB. By signing this Agreement, CONTRACTOR 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 hornniOaUiUD of this Agreement and recovery of all nnon|ao paid hereto and may result indebarment from C{JUNTY's competitive procurement activities, In addition to the foregoinQ. CONTRACTOR further represents that there has been no datarmina1imn, based on an oudit, that it or any subcontractor has committed an act defined by Section 287.133. Florida Statutes, as "public entity crime" and that it has not been formally charged with committing 8O act defined a6a "public entity crime" regardless Cfthe amount ofmoney involved or whether CONUSULTANT has been placed on the convicted vendor list. CONTRACTOR will promptly notify the COUNTY if it or any subcontractor formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTENANCE OF RECORDS AND RIGHT TO AUDIT CONTRACTOR shall maintain all bmoks, nacondo, and documents directly pertinent to performance under this A0neannant in accordance with generally accepted accounting principles consistently applied. Flaoorde shall be retained for a period of TEN (10) years from the termination of this agreement. Each party to this Agreement or its authorized representatives shall have reasonable and timely ocoeoo 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 AopaannanL If an auditor employed by the COUNTY or Clerk determines that monies po|U to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized bv this Agreement, or were wrongfully retained by the CONTRACTOR, the CONTRACTOR shall repay the monies together with interest calculated pursuant toSec. 55.03. of the Florida 8tetutos, running from the date the monies were paid by the COUNTY. Right toAudit Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer noadmb|o data if it can be made available; subcontract files (including proposals of successful and unsuccessful biddara, bid neoopa, bidding instructions, bidders |iet, etc); original estimates; msbrnot|ng work sheets; correspondence; change order files (including documentation covering negotiated settlements); booknhor8e logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary bv County orthe Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this agreament, and all other agrmmments, sources of information and matters that may in Countv's or the County Clerk's reasonable judgment have any bearing on or pertain to any maUera, ri0h1s, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") nho|| be open to inspection and subject to audit and/or reproduction by Counb/'m representative and/or agents or the County Clerk. County or County Clerk may also conduct verifications such on, but not limited to, counting employees at the job site, witnessing the distribution of paynzU, verifying payroll nVrnputedions, overhead oomputadiona, observing vendor and supplier pmynnontn, nniaoe|}mnaous oUooaUuna, special chmrges, verifying information and amounts through intan/|evva and written confirmations with onmployees. Suboontrootmro, supp|iera, and contractors representatives. All records oho|| be kept for ten /10\ years after Final Completion of the Project. The County Clerk possesses the independent authority to conduct on audit mfRecords, asoeta, and activities relating to this Project. If any auditor employed by the Monroe County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Section 55.03. F.S., running form the date the monies were paid to Contractor. The right to audit provisions aun/|vaa the termination of expiration of this Agreement. ugc 9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, ANDFEES This Agreement shall be governed by and construed in accordance with the laws ofthe 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 orinterpretation nf this Agreement, COUNTY and CONTRACTOR agree that venue shall lie in the 16 m Judicial Cincu|t, Monroe County. Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required bv the circuit court of Monroe County. 9-10 SEVERAB|L|TY 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 toany extent by o court of competent 'uriodiotion, the remaining terrno, covananLe, conditions and provisions of this A0neement, shall not be affected thereby; and each remaining term, ooxenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by |axv unless the enforcement of the remaining terme, oovenants, conditions and provisions of this Agreement would prevent the accomplishment ofthe original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes on close as possible to the intent of the stricken provision. 9.11 ATTORNEY'SFEES AND COSTS The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding in initiated or defended by any party relative to the enforcement or interpretation of this Agrmament, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing podv, and shall include attorney'nfees, courts costs, inveetigsd}va, and ou1-of-pochet expenses in appellate proceedings. 9'12 BINDING EFFECT The tgnns, covmnants, oondiUwna, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. 9'13 AUTHORITY Each party represents and warrants to the other that the exmouUmn, dm||xmry and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and C{]NlFR/\CT[)R agree that all disputes and disagreements ohmU be attempted to be resolved by meet and confer sessions between napremen[abxae of each of the parties. |f the issue orissues are still not resolved tothe satisfaction of the parties, then any party oho|| have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination orcancellation, 91Pogc 9.16 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the fonnetion, exacution, performance, or breach of this Aoreement. COUNTY and CONTRACTOR agree to participsda, to the extent required by the other paMv, in all pnooeedings, hemr|n0m, pnocmsses, mamUnge. and other activities related tothe substance of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party h» this Agreement shall bm required toenter into any arbitration proceedings related to this Agreement. 9'17 NONDISCRIMINATION The parties mQrmm that there will be no discrimination against any pereon, 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 pahv, effective the date of the court order. The parties agree to comply with all Federal and Florida otatutmo, and all local ordinenoao, as opp|ioab|e, relating to nondiscrimination. These include but are not limited to: 1\ Title V|| of the Civil Rights Ant of 1984 (PL 88-352) which prohibits discrimination in ernplmynngmt on the basis of race, oo|mr, re|igion, sex, and national origin; 2\ Title |)( of the Education Amendment of 1972, as amended (20 USC oo. 1681 18O3. and 1685-1686). which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1873, as amended (20 USC a. 794), which prohibits discrimination on the basis of disabilities; 4) The Age Discrimination Act of1S75. oa amended (42U8Osa. 61O1- 01O7) which prohibits discrimination on the bea|o of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as annonded, relating to nondiscrimination on the basis of drug abuse; 0) 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 Gmn/i�aAu� of 1S12 oo 523 and �27 (42 US<� . ' . . ` oa. 680dd-3 and 290em+3). as annended, relating to confidentiality of alcohol and drug abuse patient records; Es) Tit|eV||| of the Civil Rights Act mf1SO8 /42 USC s.3601 etseq.\. as ennmndmd, relating to nondiscrimination in the oo|n, rental or financing of housing; 9> The Americans with Disabilities Act of1SSO /42 U8C o. 12101 No1e\, as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) K8oOnue County Code, Chapter 14. Article ||, which prohibits discrimination on the basis of naoe, oo(or, sex' religion, disability, national O[iQin, oDceGtry, sGXUa\ orientation, gender identity or expn000ion, familial status or age; 11\ Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties herato. or the subject matter of, this Agreement. 9.18 COVENANT OFyAOINTEREST CONTRACTOR and COUNTY covenant that neither presently has any \ntenast, and nhmU not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 9'19 CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees on delineated in Section 112.313, Florida Gtatutma, regarding, but not limited to, solicitation or 101Po acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public 000ition, conflicting employment or contractual relationship; and disclosure or use of certain information. 9.20 NKJSOLICITATION/PAYMENT The CONTRACTOR and COUNTY warrant that, in respect to itoe|f, 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 penaon, company, oorpVrobon, ind|viduu|, or firm, other than m bona fide employee working solely for it, any fee, cmnnnniamion, peroentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right toterminate this Agreement without liability and, at its diaoration, to offset from monies ovved, or otherwise reoover, the full amount of such fee, commission, pmncentoge. Qift, or consideration. 9.21 PUBLIC ACCESS. Public Records Compliance. The CONTRACTOR must comply with Florida public records |axvo, including but not limited to Chapter 119, Florida Statutes and Section 24 of article | of the Constitution of Florida. The County and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, neoondo. papers, letters or other"public record" materials in its possession mr under its control subject tothe provisions of Chapter 119, Florida Statutes, and made or received by the County and CONTRACTOR in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the CONTRACTOR. Failure of the CONTRACTOR to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of court proceeding and sha||, as a prevailing padv, be entitled to reimbursement of all ottorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The CONTRACTOR is encouraged to consult with its ndv|eona about Florida Public Records Lovv in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the CONTRACTOR ia required to: (1) Keep and OD@into|D public records that would be required by the County to perform the service. (2) Upon receipt from the County'm custodian of records, provide the County with o copy of the requested nyoonda or a||ovv the records to be inspected or copied within o reasonable time at a cost that dVmo not exceed the cost provided in this chapter oroo 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 oonnp|aUon of the contract if the CONTRACTOR does not transfer the records to the County. ' (4) Upon completion of the contract, tnaDsfer, a1nocost, to the County all public records in possession of the CONTRACTOR or keep and maintain public records that would be required by the County to perform the aen/|oe. If the CONTRACTOR transfers all public naoonda to the County upon completion of the contract, the CONTRACTOR eheU destroy any duplicate public records that are exempt or confidential and exempt from public nyconja disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the contract, the CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the CONTRACTOR of the request, and the CONTRACTOR must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the CONTRACTOR does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the CONTRACTOR. A CONTRACTOR who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section119.10, Florida Statutes. The CONTRACTOR shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR. HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER I19�, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT CONTACT THE CUSTODIAN OF PUBLIC RECORDS BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-BRIAN ONROECOUNTY-FL.GOV ONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street SUITE 408 KEG' VEST, FL 33040.. 9.22 NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONTRACTOR 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. 9.23 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. pa g e 9.24 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 |oxv except to the extent of actual and timely performance thereof by any participating enbtv, in xvh|oh 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 ofthe C[)UNTY, except Lo the extent permitted by the Florida omnotituUun, state statute, and cane law. 9'25 NON-RELIANCE BY NON-PARTIES No person or 9nUb/ shall be DOUt|md to no|y upon the tGnnn. or any of them, of this Agreement to enforce or attempt toenforce any third-party claim or entitlement to or benefit of any service or program contemplated henmundor, and the CONTRACTOR and the COUNTY agree that neither the CONTRACTOR nor the COUNTY or any aQent, offimer, 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 orbenefits under this Agreement separate and apad, inferior to, or superior to the onnnnnundy in general or for the purposes contemplated in this Agreement. 9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION CONTRACTOR agrees to execute such documents as COUNTY may reasonably nsquin*, including a Public Entity Crime Stadanlard. an Ethics 8Kedmnnent, and o Drug-Free Workplace Statement. Signature of this Agreement by CONTRACTOR shall act as the execution of truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. 9.27 NO PERSONAL LIABILITY No covenant or oQnaennmnt contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his orher individual oapauity, and no member, offioer, agent oremployee of Monroe County ahoU be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.20 E-VERIFY SYSTEM Beginning January 1. 2021. in accordance with F.S. 448.095. the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify oys1aoo to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing vvnrh or providing services pursuant to the Contract to |ikevv(um utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not ennp\Oy, contract vvith, or subcontract with an unauthorized alien. The Contractor shall comply with and bm subject tu the provisions ofF.S. 448.U85 /� | ru � c 9.29 EXECUTION This Agreement may be executed electronically and shall be regarded as an original and shall constitute one and the same instrument of this Agreement. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. ,; -:l'{SSEAh) k�j�, BOARD OF. COUNTY COMMISSIONERS 0, '),,r;;,, ,,s{ `'�ttes �`,,r�K YINY MADOK, Clerk OF MONROE COUNTY, FLORIDA d� '� , ,jnr FS� ,,rvad,F eil f� .. � � - .. (ay._�r rt+,2S -�iE 1 �'. 11ti (.h.; �'ei. 1\,,, ,,r,j,..:::::ii Kr , ate. _., •,,,i:`t.ir 49. r..,a.T A:.7.l i, :`n .7.r�``, u�.l'���.,ram?'".' tliT4t: 0,Q � .. � .. 1 #1,12,b. . pi< , 4.... _ ,.,,:,,,,,,,,::::\:::t.:::74 ,,,,7::::---::::;::;::<:,,,,-,,,, 60,k4()(.AryvN By. :��.,,. w.T� As eputy Clerk M. /Chairman MONROE COUNTY ATTORNEY Date: /��-�— L I) 1- 5 APPROVED AS TO FORM 7"7,<_.7i{st'c ciciifS.-ih'1-1--P-riflrt}Li CHRISTINE LIMBERT-BARROWS SR. O NEY DATE: 0/ OILU N OUTDOORADVERTISING,DERSON ADVER 1S1NG, INC. Witness: di i 1 op BY . By.,,,,E.-6.-„,Litiff,L,A,,,„ -,iti I J . R .....j._ Title:' Title: ki„„S,l END OF AGREEMENT .. z g "22 ' I : ,,, rn '.0 —4,,,,- ; • . . i 14IPag;C ATTACHMENT A SCOPE OF SERVICES 15 1 P SCOPE OF WORK The scope of work consists of erecting, installing and maintaining bus shelters at sites located on the public right of way of U.S. 1 within unincorporated sections of Monroe County north of the City of Marathon. A list of current sites attached. Shelters should be a minimum of 5 ft. wide by 8 ft, long, mounted on a concrete pad and lit and include a trash receptacle. Shelters shall be ADA compliant. Depending on site use, required shelter may be larger than the minimum dimensions noted above. The contractor at its sole expense will construct concrete pads, erect, install, light, remove trash, clean, maintain, repair or replace bus shelters in accordance with all applicable codes and regulations at no cost to Monroe County. Shelters will remain the property of the contractor. General maintenance shall be performed bi-weekly and damage to shelters will be repaired within forty-eight hours of the time said damage is reported to the contractor. Trash should be collected as frequently as necessary to keep receptacles from overflowing. The Contractor will be responsible for applying for and obtaining any required permits or agreements from Florida Department of Transportation (FDOT) for use of the right of way. Additional sites may be added during the contract term as determined by the County. Bus shelters may vary in size depending on the need at a particular location. The required size of the shelter will be determined at the time that new locations are added. New shelters that are erected will be solar powered. Shelters located at stops that are no longer used shall be removed by the Contractor as directed by the County. The Contractor may sell and place advertising in the bus shelters and collect all advertising revenue generated by such advertising. Advertising is limited to two display panels 48" x 72" per shelter. Advertising placed on the shelters shall not make reference to tobacco products or adult entertainment, including, but not limited to, adult bookstores, adult video stores, adult performance establishments, adult-Chemed merchandise stores, adult motion picture theaters, adult businesses, or adult cabarets. Additionally, advertising that makes reference to beer, wine or liquor will not be placed on any bus shelter within 500 feet of any school, church or rehabilitation facility. Existing Bus Shelter Locations: US 1 Northbound MM 61 at Duck Key MM 91.5 Ocean Boulevard Tavernier MM 96.5 Key Largo MM 99.5 at Waldorf Plaza Key Largo 16 1 P a g SCOPE OF WORK (CONT.) US I Northbound MM 101.5 Tradewinds Plaza US 1 Southbound MM 99.5 Ocean Bay Drive MM 101.5 Tarpon Basin Drive .17 1 P a g ATTACHMENT B COUNTY FORMS 18 1 P a g e LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE ^Andersom Outdoor Advertising ~ �"...warrants dhsthe/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 3of Ordinance No. O1U-1S9O. For breach nr violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discnet)on, deduct from the Agreement or purchase phce, or otherwise recover, the full amount of any fee, commission, pencontmge, g@. or consideration paid ho the former County officer c*emp|oyae.^ Date: 2/28/25 Florida COUNTY C0UNlYOF: Monroe ,�� Subscribed and swomhm(or affirmed) b�omame, by means of c�p,'ysicm| presence orO online notarization, (gmte) by, (name ofmMian heia personalty known to me (typeofidnnU�o�bmn)�m |denti�o�don -~-� . NOTARY PUB 'I My Commission Expires: NON-COL,LUSION AFFIDAVIT „ I Jo rro rud rsoru of the city of,Key West _........_..w......._. .��.. according to taw on my oath, and under penalty of perjury, depose and say that a, i yarn President of the firm of the bidder making the Proposal for the project described in the Request for Proposals Eor u...._,,,5 �'dda Keys and that I executed the said proposal with, ne�9�0i1n�p�aruet rtvs�ain��inm I�u:��CI�Wa�r��rru VJ S 9 lay Ekuer P�.. ,� ._ ..� full authority to do sc, b the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; c. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and d no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; e the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. µ ig( ) Bate: 2128/25 STATE OF: COUNTY OF: Subscribed and sworn to(ear affirmed) before me, by means of-6physical presence or 0 online notarization, on '� ,�, (date] by ,�1. '.°' y:" - `��-�.� (name of affiant . /the is personally known t rr t taas produced �. (type f c rat„[i tiora) as identification. ,. r� TARY PUBLIC „ " a 1'bf"y N, Ptt itt F B^li�N'� y ommExpires-,orgtMw ���r� I1Vt r�rrr M Commission k• c�y[�¢uNtir�PG 'i�l�� .�.�, -31- DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1� Publish a statement notifying employees that the unlawful manufaotuny, distribubon, dispenoing, pomoeesion, 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 vvo,kp|mce, the business' policy of maintaining a drug-free wnrkp|goe, any available drug oounse|)ng, rehabUitodon, and employee gooiabanoe pnoQnama, 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 mbste, for a violation onnuninQ in the workplace no later than five (5) days after such conviction. S. Impose o sanction on, or require the satisfactory participation /n e drug abuse ooaimtanom or rehabilitation program if such is available /n the employee's community, or any employee who is so convicted. 8. Make good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the stabarnent. I certify that this hnn complies fully with the above requirements. Date: 2/28/25 STATE OF: Elbc� COUNTY{}F: Subs affirmed) e. bx means Of 'physical presence q[ O online notarization, on ��. by �J (name ofa#i@nM.(�1��.he is personally known to me or has kLC produced Owe of identificaton) as id ca ion. (I AA1 W;77 (J NOTARY PUBLIC wAMwYvN.PIEDRCE VVW EXPIRES:September 04,2028 My Commission Expires� '32- —~ PUBLIC ENTITY CRIME STATEMENT, "A person or affiliate who has been placed an the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public 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, or CONTRACTOR 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." I have read the above and state that neither John Anderson (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. 0; Psi&— re) Date: 2128/25 STATE OF: C,r COUNTY OF 'Ll ",I � Subscribed and sworn to (or affirmed) before me, by means of�hysica presence or 0 online notarization, -1 , 1, r on A (date) by (name of affiant),�,He/She is personally known to me or has produced `' (type of identification) as identification. AMYN PIERCE EAPINES,Swcmbv 04,2021 NOTARY PUBLIC MY Commission Expires: VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): Installing and maintaining bus shelters on U.S. 1 in the Florida Keys Respondent Vendor Name: Anderson Outdoor Advertising _,._ Vendor FEIN: 65-Q31_713.6-- Vendor's Authorized Representative Name and Title: John Anderson PD Address: 9 Azalea Drive city: Key West State: Florida zip- 33040 Phone Number:_(305_294-5479 Email Address: qoakvy@qql.com 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 Respondent, I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized 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. 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 Terrorism Sector List or been engaged in business operations in Cuba or Syria. Certified B . John Anderson Y�-........ who is authorized to sign on behalf of the above referenced corn,any.any.,� Authorized Signature: Print Name:----J,oh n ............ Title: P[e_Sider1t_,,_,,. Note:The List are available at the following Department of Management Services Site: http://",,\,vw.dms.myf-lorida. ded discri minatory _cqtu2pIqints vendor lists -36- LOCAL PREFERENCE FORM A. Vendors claiming a local preference according to Ordinance 023-2009, must complete this form. Name ofBidder/ResponderArda—o Ad +o pate: s J. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least one year prior to the notice of request for bids or proposals? yes (Please furnish copy.) 2. Does the vendor have a physical business address located within Monroe County from which the vendor operates or performs business on a day to day basis that is a substantial component of the goods or services being offered to Monroe County?Yes (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one year prior to the notice of request for bid or proposal.) List Address: 9 Azalea Drive, Key West, Ft_33040 Telephone Number:( )294-5479 H.Does the vendor/prime contractor intend to subcontract 50%or more of the goods,services or construction to local businesses meeting the criteria above as to licensing and location? Yee If yes,,please provide: 1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one year prior to the notice or request for bid or proposal. 2. Subcontractor's physical business address within Monroe County from which the subcontractor operates: (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one year prior to the notice of request for bids or proposals) MO CTY,Key West,FL 33040 Tel.Number (305)923-1052 Address Print Name: John Anderson SiV/5Responder e and Title of Authorized Signatory for 13i STATE OF (� 'D rl d C`.. COUNTY OF i't'i on r o e On this day ofl-4 20 t_ , before me, by means of l5Kysical presence or 0 online notarization , the undersigned notary public, personally appeared � �,c � , known to rn to be the_2er 1w whose name is subscribed above or who produced as identification,and acknowledged thao/she is the person who executed the above Local Preference F r the purposes(,Zconlained. My com mi � pe' ft% AMY N.PI L — Notary Public MY COhgSMION A IMB 17MU (Sa) EXPIRES:SCPWMba 04,202f Print Name -37- Respondent's Insurance and Indemnification Statement Insurance Reciluiremen Required Limits Worker's Compensation Statutory Limits Employers' Liability Insurance $100.000Aouident $5OO.000 Disease, policy limits $1OO.00O Disease each employee General Liability, including $1.000.000 Combined Single Limit Premises Operation Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Expanded Osfinbionof Property Damage Vehicle Liability $2UO.000 per person $3OO.UOO per occurrence and $200.00O property damage or /[>vvned. non-owned and hired vehicles) $300.000Combinad Single Limit IDEMNIFICATION AND HOLD HARMLESS FOR CONTRACTORS AND SUBCONTRACTORS The CONTRACTOR covenants and agrees to indemnify and hold harmless COUNTY/Monroe County and Monroe County Board of County Commissioners, its officers and employees from liabilities, damages, losses and cooto, including but not limited to, reasonable attorneys' fees, to the extent caused by the nag|igenoe, neuk|eeonesa, or intentional wrongful conduct of the CONTRACTDR, subcontractor(s) and other persons employed or utilized by the CONTRACTOR in the performance of the contract. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the CDNTRACTDR'u failure to purchase or maintain the required insurance, the CONTRACTOR oho|| indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONTRACTOR. the CONTRACTOR agrees and wmrnonba that CONTRACTOR nho|| hold the County honn|eoo and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the Counb/'ebehalf. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the Agreement. RESPONDENT'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. John Anderson Respondent SV ane -33- AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES Entity/Vendor Name: Anderson Outdoor Adverti ! Vendor FEIN: 65-0317136 Vendor's Authorized Representative: .,.-..John Anderson, PD (Name and Title) Address: 9 Azalea Drive City: Kgy WQsl- State: Florida Zip: 33040 Phone Number: (305)294-5479 Email Address: a oa @-aQ[-.com As a nongovernmental entity executing, renewing, or extending a contract with a government entity, Vendor is required to provide an affidavit under penalty of perjury attesting that Vendor does not use coercion for labor or services in accordance with Section 787.06, Florida Statutes. As defined in Section 787.06(2)(a), coercion means: 1. Using or threating to use physical force against any person; 2. Restraining, isolating, or confining or threating to restrain, isolate, or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or service are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; 5. Causing or threating to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule II of Section 893.03 to any person for the purpose of exploitation of that person. As a person authorized to sign on behalf of Vendor, I certify under penalties of perjury that Vendor does not use coercion for labor or services in accordance with Section 787.06. Additionally, Vendor has reviewed Section 787.06, Florida Statutes, and agrees to abide by same. Certified By: John Anderso'n who is authorized to sign on behalf of the above referenced company. Authorized Signature: Print Name: John Anderson Title: President _ -38- ANDEOUT-01 INN DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE , 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 COAJACT April Thomas Darr ScWest w Newberry InsuranceAgency LLC PHONE ),,(35 ) da552 71ckowinsurancFAx 5200-6 West Newberry Road (AIS FlD End„ 352)338-0552 7148 (AIc Nol: .. l ( Gainesville,FL 32607 %% �3 ma��@darrschackowinsurance.com e.com ..... _........... INSUR:__ERS)AFFORDING COVERAGE NAIL.#................... :... ......... ......... ......... INSURER Nationwide Affinity Insurance Company of America 26093 INSURED INSUR,RRRSt.,Paul Guardian..Insurance ComvanX .... 124775 Anderson Outdoor Advertising INSURER C. . .................................................... _ 9 Azalea Drive INSURER D: ........ ......... Key West,FL 33040 ......... INSURER E F INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUM 'ER: 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 �ADD9..jSI1`8RI ............... POLICY EFF POLICY EXP._.. LTRTYPE OF INSURANCE POLICY NUMBER rnnnn LIMITS A X COMMERCIAL GENERAL LIABILITY 1,000,000 ... EACH OCCURRENCE $ CLAIMS-MADE X OCCUR 100,000 X ACPCG015935051075 8/7/2024 817/2025 P MI$F IFa—r MED EXP(Any one D.ersonl_ .� 5,000 PERSONAL....... ,SrADVI[,IuI!RY ... 1,000,000' GEN'L AGGREGATE LIMIT APPLIES PER: I GENERAL AGGREGATE $ 2,000,000 2,000,000LOCX POLICY PER PRODUCTS-COMP/OPAGG i$__.... OTHER, $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea anE) ..................................................... X I ANY AUTO X BA4X718072 11/15/2024 1Ili 512025 BODILY IN IURv(Per PPS❑n; ,. OWNED SCHEDULED AUTOS ONLY �..., AUTOS y� B(O�DILY INJURY(Per,acddent)1$ HIRED ONLY ` NOM ONELY, lP� d.�E AVAi., ,..$. ..... ..... UMBRELLA LIAB OCCUR APPROVED BY RISK MANAGEMENT EACH OCCURRENCE $ _._ ..... EXCESS LIAB CLAIMS MADE I BY o e. AGGREGATE ... $ —._ DED RETENTION$ } DATE yy WORKERS COMPENSATION WAIVER N/A 1�YES PER OTH $ D EMPLOYERS'LIABILITY YIN N L$ TAIhITE I ER ANY PROPRIETOR/PARTNER/EXECUTIVE WC not included E L EACH ACCIDENT 0�,FIFICERIMEMBE�EXCLUDED? N/A ...._$ . (INandatory Nn NH) E L.DISEASE-EA EMPLOYEE If yes des-crilae under _. 8 _. ...._....... DESCRIPTION OF OPERATIONS Wow E..L..DISEASE.-POLICv unnlT DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedute,maY be attached if more s ace Is ulred) Monroe County Board of County Commissioners is named as an Additional Insured for General Liabill ty ad �ommercial Auto. All policy terms,conditions and exclusions apply. Vehicle on Policy:2011 Chevrolet 150015 CREW 4X2 1 VIN 93GCPCSE09BG286374 CERTIFICATE HOLD R CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County Board of County Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ty ty ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street Key West,FL 33040 AUTHORIZED REPRESENTATIVE <7Gtil. ACORD 25(2016/03) o ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and Iona are registered marks of ACORD rr / / rrrrr di r r / 1, ✓r,,,,%/ /, ( ., „ , r / / r / o / tyw lief w'oa;; � r",✓, /:/%, ///% % /iii/i r,// .,�//,%�%%//�,/%�/ ,. /r%/ ", ;,, ,,,,,,,,, N„,r, „' DrDr ,,oio, r t r r, „r, i � r , / r i r r i