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HomeMy WebLinkAbout1st Amendment 08/20/2025 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: August 27, 2025 TO: William DeSantis, Director Facilities Maintenance Chrissy Collins Executive Administrator Stan Thompson Contract Manager �onroecounty-fl-jgov FROM: Liz Yongue, Deputy Clerk SUBJECT: August 20, 2025 BOCC Meeting The following item has been executed and added to the record: C5 1 st Amendment to Agreement with Brightview Landscape Services, Inc. for Upper Keys Landscaping Services for Plantation Key Courthouse Complex and Murray E. Nelson Government Center, to update certain Federal provisions of the Original Agreement, and to provide the CPIU increase percentage of 2.9%. This Contract is paid from funds 001 and 147. 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 FIRST AMENDMENT TO AGREEMENT FOR UPPER KEYS LANDSCAPING SERVICES FOR PLANTATION KEY COURTHOUSE COMPLEX AND MURRAY E. NELSON GOVERNMENT CENTER MONROE COUNTY, FLORIDA This First Amendment to Agreement is made and entered into this 20th day of August, 2025, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, the address of which is 1100 Simonton Street, Key West, Florida 33040, and BRIGHTVIEW LANDSCAPE SERVICES, INC., a Florida Corporation, authorized to do business in the State of Florida, ("Contractor"), the principal address of which is, 980 Jolly Road,Suite 300,Blue Bell, Pennsylvania 19422 but, for the purposes of this Agreement, its mailing address is 4155 E. Mowry Drive, Homestead, Florida 33,033. WHEREAS, the parties hereto did, on August 21,, 2024, enter into an Agreement for Upper Keys Lift Stations Maintenance and Cleaning ("'Original Agreement"); and WHEREAS, Paragraph 6(E) of the Original Agreement provides that the Contract amount may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price index (CPI-U) or 3%, whichever is less, for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPl-U computation or 3%, whichever is less, at December 31 of the previous year; and WHET WAS, the COUNTY desires to increase payment amounts by the annual CP1- U increase adjustment of two and nine-tenths percent (2.9%) pursuant to the terms of the Original Agreement; and WHEREAS, the parties desire to amend the Original Agreement to correct and/or update provisions to bring it current with certain County, State, or Federal required contract provisions; and WHEREAS, the parties have found the Original Agreement, as amended, to be mutually beneficial; and WHEREAS, the parties find that it would be mutually beneficial to amend the Original Agreement and enter into this First Amendment to the Agreement. NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree to amend the Original Agreement as follows: 1. Paragraph 6. (CONTRACT SUM AND PAYMENTS TO CONTRACTOR), Subparagraphs C and D of the Original Agreement are amended to reflect new contract payment amounts pursuant to the annual CPI,-U change with an effective date of September 1, 2025, Paragraphs 6(C and D) of the Original Agreement are replaced with the following: C. The County shall pay to the:Contractor for the faithful performance of said service on a per month in arrears basis for each of twelve (12)months. The Contractor shall invoice Monroe County Facilities Maintenance Department monthly for landscaping services performed under the Scope of Work contained herein. The Contract amount shall be Ten Thousand, Two 1-lundred, Twenty-Five and 10/100 ($10,225,10) Dollars per month for the Plantation Key Courthouse Complex and Six Thousand,Two Hundred, Sixty-One and 90/100($6,261.90)Dollars per month for the Murray E. Nelson Government Center, D. The County shall pay to the Contractor Seventy-Seven and 18/100($77.18) Dollars per hour, per person, for Emergency Services for cleaning, maintenance, and landscaping for either location (ex. post-hurricane clean-ups, including all costs associated with equipment, debris removal, and dumping fees with tickets). For invoicing purposes, the hours shall be calculated in fifteen-minute increments for Emergency Services only, Such Emergency Services shall be performed in accordance with the rates as set forth and described herein. All emergency work must be pre-approved. There shall be no additional charges to the County for travel, mileage, meals, or lodging. The Contractor shall submit itemized its voices in writing. 2,, Paragraph 8, MAINTENANCE OF RECORDS of the Original Agreement is hereby amended and replaced in its entirety with the following: The Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained fora period of seven (7) years from the termination of this, Agreement or for a period of five(5)years, from the submission of the final expenditure report as per 2 CFR §200.334, if applicable, whichever is greater. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven (7) years following the termination of this Agreement. If an auditor employed by Monroe County or the Office of Monroe County Clerk and Comptroller determines that monies paid to the Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Section 55.03, Florida Statutes, running from the date the monies were paid to the Contractor, 3, Paragraph 9, PUBLIC RECORDS COMPLIANCE),of the Original Agreement is hereby amended and replaced in its entirety with the following: The Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of Article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, ...................................... ............................................... ....... --—-------------- ................. -- .................................................... ....................... Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Section 119,0701, Florida Statutes and the terms and conditions of this contract, the Contractor is required to: A) Keep and maintain public records that would be required by the County to perform the service, B) Upon receipt from the County's custodian of records, provide,the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. C) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as, authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. D) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract,the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. E) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the:County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119,10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: MONROE COUNTY ATTORNEY' OFFICE, 1111 121 ST'., SUITE 408, KEY WEST, FL 3,3040, publierecords Lwmonroecounty-fl.gov, (305) 2,92-3470. 4. Paragraph 15, 'NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY), of the Original Agreement is hereby amended by deleting this paragraph in its entirety and replacing it with the following paragraph; The Contractor and County agree that there will be no discrimination against any person, and it is, expressly understood that, upon a determination by a court of competent jurisdiction that discrimination has occurred,this Agreement automatically terminates without any -further action of the part of any party, effective the date of the court order. Contractor or County agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title V11 of the Civil Rights Act of 1964 (PL 88- 352) which prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin; 2) Title IX of the Education Amendment of 1.972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis ofsexy 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of disability; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, ,rreatmetu and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527(42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1.990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination of thebasis of disability; 10) Monroe County Code Chapter 14, Article 11, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, .......... familial status or age; and 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60 all contracts that meet the definition of"federally assisted construction contract" in 41 CFR Part 60-13 must include the equal opportunity clause as set forth below: During the performance of this Agreement, the Contractor, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part,, 1964-1965 Comp., p. 339) as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Qpportunity and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor), see 2 C.F.R. Part 200,, Appendix II, J� C, agrees as follows: A. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin, The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated, equally during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include,but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to, employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 13. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national, origin. C. The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about,discussed,or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee, who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions, discloses,the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless sucli disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. D. The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative ot7the Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment, E. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor, F., 'I",he Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965,and by the rules,regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records,, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. G, In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or, orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order H 246 of September 24, 1965,and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law, 1-1. The Contractor will include the portion of the sentence immediately preceding Paragraph (A) and the provision of Paragraphs (A) through(H) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the, Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance. Provided, however, that, in the, event a contractor becomes involved in,or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency,the Contractor may request the United States to enter into such litigation to protect the interests of the United States. The Contractor further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work. Provided, that if the contractor so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The Contractor agrees that it will assist and cooperate .actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the 'Secretary of Labor, that it will furnish the administering agency and the Secretary of labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The Contractor further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with. a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part 11, Subpart 1D of the Executive Order. In addition, the Contractor agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the fallowing actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the Contractor under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. 5. Paragraph 44, EXECUTION IN COUNTERPARTS of the Original Agreement is hereby amended by deleting the paragraph in its entirety and replacing it with the following paragraph: This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which when taken together will constitute the Agreement, 1f any signature is delivered by email delivery of a".pdf"fourmat data file, such signature will create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same farce and effect as if the".pf signature was an original signature. The Contractor transmitting an electronic signature will provide the inked original to the County, at the County"s request.. 6. The Original Agreement is hereby amended to add the following as Subparagraph 50. 1, PROHIBITION ON CERTAIN TELECOMMUNICATIONS AISM VIDEO SURVEILLANCE SERVICES OREQUIPMENT AS SET FORTH IN 2 C.F.R. § 200.216: A. Definitions. As used in this clause, the terms bachaul; covered foreign country; covered telecommunications equipment or services;interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 4 5-14 -1, Prohibitions on Expending FEMA Award funds for Covered Telecommunications Equipment or Services,, as, used in this clause— B. Prohibitions. 1. Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub, L. No, 115-232, and 2 C.FR § 2 0.216 prohibit the head of an executive agency on or after Aug,1 , 2,020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. 2. Unless an exception in Paragraph (c) of this, clause applies, the Contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: a) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as, a substantial or essential component of any system, or as critical technology of any system; b) Enter, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; c) Enter, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system,, or as critical technology as part of any system; or d) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. C. Exceptions. i. 'rhis clause does not prohibit contractors from providing— a) A service, that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or b) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. 2. By necessary implication and regulation, the prohibitions also do not apply to: a) Covered telecommunications equipment or services that: L Are not used as a substantial or essential component of any system;�d ii. Are not used as critical technology of any system. Other telecommunications equipment or services that are not considered covered telecommunications equipment or services, b) Other telecommunications equipment or services, that are not considered covered telecommunications cquiprnent or services. D. Reporting requirement. 1. In the event the Contractor identifies covered telecommunications equipment or services used as a substantial, or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in Paragraph (D)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. 2, 'rhe Contractor shall report 'the following information pursuant to Paragraph(1 )(1) of this clause: a) Within one business day from the date of such identification or notification: The contract number;the:order number(s),if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code: (if' known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. b) Within 10 business days of submitting the information in Paragraph (D)(2)(a) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. E Subcontracts. The Contractor shall insert the substance of this clause, including this Paragraph (E), in all subcontracts and other contractual instruments. .............. .............. wuwmMmmon"",")w a r ury m,mn VAR,,),V))HJ 7. The Original Agreement is hereby amended to add the following as Subparagraph 50.22, UNCONTROLLABLE CIRCUMSTANCE: Any delay or failure of either Party to perforiii its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's, control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a)acts of God;(b)flood, fire:,earthquake, explosion,tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e)actions,embargoes,or blockades in effect on or after the date of this Agreement; (0 action by any governmental authority prohibiting work in the geographic area of the Project; (each, a "Uncontrollable Circumstance"), The Contractor's financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by the Contractor under this Section. The Contractor shall give the County written notice within seven (7) days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, or as soon as possible after such Uncontrollable Circumstance has occurred ifreasonably anticipated, and the anticipated duration of such Uncontrollable Circumstance, The Contractor shall use all diligent efforts to end the Uncontrollable Circumstance,ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement.The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek a no-cost Change Order or Amendment for such reasonable time as the Owner's Representative may determine. 8. The Original Agreement is hereby amended to add the following as Subparagraph 50.23, PROVIDING GOOD, SAFE JOBS TO WORKERS: Pursuant to FEMA Information Bulletin No. 520, the Contractor will comply with all applicable federal labor and employment laws. To maximize cost efficiency and quality of work, the Contractor commits to strong labor standards and protections for the project workforce:by creating an effective plan for ensuring high-quality jobs and complying with federal labor and employment laws. The Contractor acknowledges, applicable minimum wage, overtime, prevailing wage, and health and safety requirements, and will incorporate Good Jobs Principles wherever appropriate and to the greatest extent practicable. 9. The Original Agreement is hereby amended to add the following as Subparagraph 50.24,BUILD AMERICA,BUY AMERICA ACT (BABAA): Contractors and their subcontractors who apply or bid for an award for an infrastructure project subject to the domestic preference requirement in the Build America, Buy America Act shall, file the required certification to the County with each bid or offer for an infrastructure project, unless a domestic preference requirement is waived by FEMA. Contractors and subcontractors certify that no federal financial assistance funding for infrastructure projects will be provided unless all the iron, steel, manufactured projects, and construction materials used in the project are produced in the United States. BABAA, Public Law 'No. 117-58, §§ 70901-52, Contractors and subcontractors shall also disclose any use of federal financial assistance for infrastructure projects that does not ensure compliance with BABAA domestic preference requirements. Such disclosures shall be forwarded to the recipient who,, in turn, will forward the disclosures to FEMA, the federal agency. Subrecipients will forward disclosures,to the passthrough entity,who will,in turn,forward the disclosures to FEMA. For FEMA financial assistance programs or other federally funded programs subject to BABAA, contractors and subcontractors must sign and submit the following BAB,AA certification to, the next tier (eg., subcontractors submit to the contractor; contractors submit to the County) each bid or offer for an infrastructure project that has not been waived by a BABAA waiver. 10. The Original Agreement is hereby amended to, add the following as Subparagraph 50.25, SOCIOECONOMIC CONTRACTING: The Contractor is encouraged to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)(5) to ensure small businesses, minority businesses, women's business enterprises, veteran owned businesses, and labor surplus area firms are considered when possible. 11. The Original Agreement is hereby amended to add the following as Subparagraph 50.26, COPYRIGHT. LICENSE AND DELIVERY OF WORKS SUBJECT TO COPYRIGHT: The Contractor grants to the County,a paid-up,royalty-free,nonexclusive,irrevocable, worldwide license in data first produced in the performance of this contract to reproduce,publish, or otherwise use, including the preparation of derivative works and distribution of copies to the public, and to, perform publicly, and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the County or acquire: on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, including, but not limited to, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the County data first produced in the performance of this contract and data required by the: contract but not first produced in the performance of this contract in formats acceptable by the County. 12. The Original Agreement is hereby amended to add the following as Subparagraph 5027, BUY CLEAN; Monroe County encourages the use of environmentally friendly construction practices in the performance of dais Agreement. In particular, Monroe: County encourages that the performance of this Agreement includes considering the use of low-carbon materials which have substantially lower levels of embodied greenhouse-gas emissions associated with all relevant stages of production, use, and disposal, as compared to estimated industry averages of similar materials or products as demonstrated by their environmental product declaration. 13. Except as set forth in Paragraphs I through 12 of this First Amendment to Agreement, in all other respects, the terms and conditions set forth in the Original Agreement, as amended, remain in M force and effect. 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' . • . . • .. . • •• • , ._ • .. • •• A ess.: . • • .. • . . .. . . p ,. #i . ...... . •. . : . . :. . i.,. .. . . • . . .. . . . . •r. • • • • • • Si-- attire: • • : • •. •.• . • • ,,.,�„;, • :, a) •: . • . Telephone� NumYiber . •. 4.T)'' • i • . .‘v ; 1„.1.- 12,5 . . . . - ' -' ' ' ' .. •••• ' . • . • ' . • . • • 1.-. • .• : • :. .. . • • ... .-..„0., ....... ...- "...,+).- .• • • . ..- • . . • . • .. • -_,,,....... •,_ • • r.^.,.. •• • • • '. - . Print Name • },.' Date • . .13 • . ‘,t DATE(MM/DD/YYYY) A o CERTIFICATE OF LIABILITY INSURANCE 09/20/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Aon Risk Services Central, Inc. PHONE (866) 283-7122 FAX (800) 363-0105 Philadelphia PA Office (A/C.No.Ext): A/C.No.: a 100 North 18th street E-MAIL 16th Floor ADDRESS: _ Philadelphia PA 19103 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: ACE American Insurance Company 22667 BrightView Landscape services, Inc. INSURERB: American Guarantee & Liability Ins Co 26247 Location #35210 4155 E Mowry Drive INSURERC: Homestead FL 33033 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:570108270372 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY XSLG EACH OCCURRENCE $2,000,000 CLAIMS-MADE X❑OCCUR SIR applies per policy terns & condi ions $2,000,000 PREMISES Ea occurrence AAA MED EXP(Any one person) $10,000 �I�K T 15y i. (^ -- _ PERSONAL&ADV INJURY $2,000,000 n GEN'L AGGREGATE LIMIT APPLIES PER: pAy.E_�7 2 25 GENERAL AGGREGATE $5,000,000 n POLICY ❑X PRO- E �X LOC WAM WA PRODUCTS-COMP/OPAGG $5,000,000 o OTHER: ^o A Y ISA H10719999 10/01/2024 10/01/2025 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY $5,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) 0 Z OWNED SCHEDULED BODILY INJURY(Per accident) 0 AUTOS ONLY AUTOS R HIRED AUTOS NON-OWNED PROPERTY DAMAGE V ONLY AUTOS ONLY Per accident B X UMBRELLA LIAB X OCCUR Y ZAU508596820 10/01/2024 10/01/2025 EACH OCCURRENCE $3,000,000 V EXCESS LIAB CLAIMS-MADE SIR applies per policy terns & condi ions AGGREGATE $3,000,000 DED I X RETENTION A WORKERS COMPENSATION AND WLRC72633660 10/01/2024 101011202 5 X PER STATUTE I OTH- EMPLOYERS'LIABILITY Y/N WC - ADS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $2,000,000 A OFFICER/MEMBER EXCLUDED? N/A SCFC72633702 10/01/2024 10/01/2025 (Mandatory in NH) WC - WI E.L.DISEASE-EA EMPLOYEE $2,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $2,000,000- DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe County Board of County Commissioners, 1100 Simonton Street, Key West, FL 33040 is included as Additional Insured in accordance with the policy provisions of the General Liability, Automobile Liability and Umbrella Liability Policies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE - POLICY PROVISIONS. Monroe County Board of County AUTHORIZED REPRESENTATIVE Commissioners 1100 Simonton Street Key West FL 33040 USA ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: XSL G47317551 001 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization whom you have agreed to All locations where you perform work for such include as an additional insured under a written additional insured pursuant to any such written contract, provided such contract was executed prior to contract. the date of loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III— Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law; and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: XSL G47317551 001 Endorsement Number: TBD COMMERCIAL GENERAL LIABILITY CG 20 26 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Any person or organization whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III— Limits Of Insurance: with respect to liability for "bodily injury", "property If coverage provided to the additional insured is damage or personal and advertising injury required by a contract or agreement, the most we caused, in whole or in part, by your acts or will pay on behalf of the additional insured is the omissions or the acts or omissions of those acting amount of insurance: on your behalf: 1. In the performance of your ongoing operations; 1. Required by the contract or agreement; or or 2. Available under the applicable Limits of 2. In connection with your premises owned by or Insurance shown in the Declarations; rented to you. whichever is less. However: This endorsement shall not increase the 1. The insurance afforded to such additional applicable Limits of Insurance shown in the insured only applies to the extent permitted by Declarations. law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 ADDITIONAL INSURED — DESIGNATED PERSONS OR ORGANIZATIONS Named Insured BrightView Landscapes, LLC Endorsement Number TBD Policy Symbol Policy Number Policy Period Effective Date of Endorsement I SA H 10719999 10/01/2024 To 10/01/2025 10/01/2024 Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM AUTO DEALERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM EXCESS BUSINESS AUTO COVERAGE FORM Additional Insured(s): Any person or organization whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of loss. A. For a covered "auto," Who Is Insured is amended to include as an "insured," the persons or organizations named in this endorsement. However, these persons or organizations are an "insured"only for"bodily injury"or"property damage" resulting from acts or omissions of: 1. You. 2. Any of your"employees" or agents. 3. Any person operating a covered "auto"with permission from you, any of your"employees"or agents. B. The persons or organizations named in this endorsement are not liable for payment of your premium. M Authorized Representative DA-9U74c(03/16) Page 1 of 1