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HomeMy WebLinkAbout06/25/2026 Agreement TKO�NR(CIF: COI f ll h CO1V1V SS`ON" "IRS 1'11;(_'HASS (� ll'O➢ACY MANIA.L ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS $100,000.00 and Under Contract with: Cliff Berry, Inc Contract# Effective Date: Upon Execution Expiration Date: Upon Completion Contract Purpose/Description: Vacuum out one estimated size 55 gallons to 100 gallon acid neutralization tank, recharge the tank with the appropriate amount of stone, and dispose of all liquids and solids Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: John Null 8036 null-john@monroecounty-fl.gov (Name) (Ext.) Email Address CONTRACT COSTS Total Dollar Value of Contract: $ 7,250.00 Current Year Portion: $ 7,250.00 (must be$100,000 or less) (If multiyear agreement then requires BOCC approval, unless the to, al camalai i\:c r�171E�1G1771&`i100,00.(lO s7P lc"") Budgeted? Yes❑✓ No❑ Grant: $ N/A County Match: $ N/A Fund/Cost Center/Spend Category: CC 20501/SC 00061 ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: N/A (Not included in dollar value above) (e.g. maintenance,utilities,janitorial, salaries, etc.) Insurance Required: YES 0 NO ❑ CONTRACT REVIEW Reviewer Department/Office Director/ Signature: William Desantls Assistant Director Joseph X. DiNovo Digitally signed by Joseph X.DiNovo ose County Attorney Signature: p Date:2026.06.2308:5110-04'00' Jaclyn Flatt Digitally signed by Jaclyn Flatt Risk Management Signature: Date:2026.062311:1820-04'00' Lisa Abreu Digitally signed by Lisa Abreu Purchasing Signature: Date:2026.0623 16:1013-04'00' (email contracts@monroecounty-fl.gov) Digitally signed by Angelica Malcosky OMB Signature: Angelica Malcosky Date:2026.06.2408:09:41-04'00' (email OMB@monroecounty-fl.gov) Comments: Revised BOCC 11/12/2025 Iac Osc cl 1 1 12 2025 91 1 ll' a g c:° 0HH11 IBerry�' 11,11c" CB1 seir lices PROJECT PROPOSAL May 19th, 2026. Customer,Monroe County BOCC Contact.-, JT Null Phone-# (305) 587-8036 E m ail'. null-john@monroecounty-fl.gov Address: 500 Whitehead St, Key West, FL 33040 Proposal-Sent....Via...........Im.ail Dear JT Cliff Berry, Inc. (CBI) has been offering comprehensive Environmental Services for over five decades by combining proven technical expertise and problem-solving proficiency. We have supported our customers in developing cost effective solutions for all of their environmental requirements. Cliff Berry, Inc. (CBI) is pleased to provide you with a personalized pricing proposal to execute the following Scope of Work referenced below: Scope of Work. Cliff Berry Incorporated will vacuum out one estimated size 55 gallons to 100 gallon acid neutralization tank. When the tank is empty, we will recharge the tank with the appropriate amount of stone. All liquids and solids will be disposed of at our Miami pretreatment facility. P,roject.,C,os,t,.,,,E,sti.m,ate Priced to include labor, material, equipment, and disposal. $ 7,250.00 1 $ 7,250.00. $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 !These-are-Esti m.,ated-Quantities and could be greater. Total: $ 7,250.00 P.O. Box 13079 Port Everglades Station, Fort Lauderdale, Florida 33316 Office: (954)763.3390 Fax: (954)763.8375 www.cliffberryinc.com Pricing Explanations: Work Location: Medical Examiner, 56633 Overseas Hwy, Marathon, FL 33050 Standard Terms & Conditions: 1. Once the project has been accepted and confirmed to CBI for execution,we shall schedule this project on a mutually agreeable date with a minimum of five (5) business days'lead-time. 2. Projects performed on an emergency basis or without the requested five (5) days' notice may incur overtime rates due to after-hours,weekend, or holiday work or mobilization time from other CBI locations. 3. CBI's work hours are based on a Monday through Friday 0700 - 1500 workweek. If weekend work and/or second/third shift work is required and authorized, overtime rates will be charged at one and a half straight time rates and double on observed government holidays. 4. All waste is subject to Profile Approval from the certified disposal facility and will be manifested (actual quantity),transported and disposed of in accordance with all Federal, State and Local regulations. 5. Any waste accepted that is not in compliance with the approved profile will be communicated with the customer within 72 hours of receipt. Pricing adjustments will be applied where applicable. 6. It is the customer's responsibility for payment of any unforeseen tariffs, fees,taxes, and unexpected administrative costs which CBI may incur in the execution of this project. Any additional fee(s) shall be indicated as a separate line item on the final invoice. 7. A Fuel Surcharge will be added to all invoices in accordance with the "National Average Diesel Fuel Index". 8. The attached Job Authorization Form must be completed and executed by an authorized customer representative prior to job commencement. 9. Any demurrage charges that are NOT caused by CBI's field personnel shall be billed to the customer. 10.This estimate applies only to the job described above. This pricing does not include additional materials or labor that may be required due to any unforeseen problems that may arise once the project has begun. If additional labor and equipment is required, it will be invoiced at "Time &Material" rates. 11.This proposal is an estimate based on limited known conditions. If the scope of work changes CBI reserves the right to adjust its fee schedule as required. 12.*Payment is CASH IN ADVANCE unless otherwise approved in advance by CBI's credit department. 13.The above rates are based on a (4) hour minimum. 14.Transportation charges are portal to portal. 15.Pricing is valid for (30) days from the date of this proposal. Supplemental Conditions: 1. Pricing is based on estimated days and availability of equipment at the time of scheduling. 2. The pricing for treatment and disposal is based on profile approval. 3. CBI will require unimpeded access to the work site delivery area. CBI is committed to preserving our environment and combined with decades of documented work experience. It is our personal commitment to you that we shall execute this work with the highest degree of professionalism and environmental stewardship. All CBI field personnel are certified with 40-Hour OSHA training and are Confined Space Entry certified. Cliff Berry, Inc. would like to thank you for the opportunity to submit pricing for this project. If you require additional details on this scope of work, please do not hesitate to contact me at any time. Sincerely, Patrick Petrillo Account Manager/ Project Manager P.O. Box 13079, Ft. Lauderdale, FL 33316 Cell: 954-594-3872 Office: 954-763-33990 ppetrillo@cliffberryinc.com P.O. Box 13079 Port Everglades Station, Fort Lauderdale, Florida 33316 Office: (954)763.3390 Fax: (954)763.8375 www.cliffberryinc.com CB1 CLIFF BERRY,INC. (CBI) JOB AUTHORIZATION Today's Date: 06/04/26 Customer: Monroe County BOCC Customer's Authorized Agent: Christine Hurley, AICP Email: hurley-Christine@monroecounty-fl.gov Billing address: 1100 Simonton Street City: Key West State: FL Zip: 33040 Office Phone: (305) 587-8036 Mobile Phone: Fax: Customer authorizes CBI to perform the following Services including,but not limited to: Cliff Berry Incorporated Will Is Location of Services: Medical Examiner,56633 Overseas Hwy,Marathon,FL 33050 Compensation: CBI shall be compensated for rendering the Services as follows: Per the rates and terms contained in CBI's current Price List (available upon request) incorporated by this reference. Cost estimates are not binding upon CBI unless CBI specifically agrees to perform the Services for a firm fixed price. Per attached Proposal dated 05/19/26 incorporated by this reference into this Job Authorization. Per the following: Payment Terms: Deposit required to commence Services: $ Payment due prior to continued services and upon depletion of deposit. CBI can suspend and/or terminate operations immediately upon delay in payment. El Balance due 15 days from date of invoice, contingent upon approval of credit. Service charges on late payments accrue per Appendix "A". Upon request, Customer shall provide acceptable credit security as required in Appendix "A". Payment shall be made as follows: FOR CHECKS DRAWN ON A U.S.BANK ACCOUNT: FOR PAYMENTS MADE VIA WIRE: Cliff Berry,Inc. Cliff Berry,Inc. PO Box 286019 ABA No.:061100606 Tampa, FL 33630-6019 Account No.: 1058046802 Insurance: Customer shall cause CBI to be named an additional insured on any policy of insurance covering the Services. Customer is liable for full and timely payment to CBI for all Services at the rates contained in the current Price List, regardless of insurance company involvement. All directions, decisions, approvals and communications by Customer's insurance company to CBI are deemed to be made as agent for Customer. Limited Power of Attorney: If initialed , Customer hereby appoints CBI as its attorney-in-fact,which power is coupled with an interest, to execute on behalf of Customer in Customer's name as Customer's act and deed all profiles, waste manifests and other documents,applications or instruments required for or associated with the transportation and disposal of waste recovered by CBI during the performance of the Services. This appointment may be relied upon until withdrawn in writing. CBI shall have no liability to Customer for the sufficiency or adequacy of any such actions taken by CBI. THIS JOB AUTHORIZATION IS SUBJECT TO THE TERMS AND CONDITIONS ATTACHED AS APPENDIX"A"AND CBI'S CURRENT PRICE LIST AND/OR CBI'S PROPOSAL,AS REFERENCED ABOVE. EXECUTION OF THIS JOB AUTHORIZATION SIGNIFIES CUSTOMER'S RECEIPT OF AND AGREEMENT TO APPENDIX"A",CBI'S PRICE LIST AND/OR CBI'S PROPOSAL,AS APPLICABLE. TERMS AND CONDITIONS INCLUDED ON CUSTOMER'S PURCHASE ORDER AND CUSTOMER FORM CONTRACTS ARE HEREBY REJECTED BY CBI. CUSTOMER'S REPRESENTATIVE WARRANTS THAT HE/SHE HAS AUTHORITY TO BIND CUSTOMER TO THIS AGREEMENT. Cliff Berry, Inc. Authorized Agent of Customer Name: Jon Hines Name: Christine Hurley,"AICP...,, Christine Hurley Signature: Q Hines Signature: Date:2026.06.25 On Ines Date:2026.06.15 N�irlo�i 09 59:43-04'00' Title: VP South Florida Title: Monroe County (Florida Keys)Administrator cal MONgOE GOUNiYATf011NEY'S OFFICC 0 Date: 06/15/26 AF-CDA5TOFORM Date: 06/24/26 Rev 4-26-2023 f T-001J J dss�srArvrcourvrrnrroaNEr up DATE: 5-21-2026 � CB1 CLIFF BERRY,INC. (CBI) APPENDIX A: TERMS & CONDITIONS Customer: Monroe County BOCC 1. Terms and Conditions: These terms and conditions apply to all Services deficient Services shall constitute CBI's sole liability under this Section. This performed by Cliff Berry, Inc. (CBI) for Customer. The Job Authorization, this warranty is in lieu of all warranties, expressed, implied or statutory, including Appendix "A", CBI's current Price List, and CBI's Proposal, if applicable the warranties of workmanship, merchantability, fitness for a particular (collectively"the Agreement") constitute the entire agreement of the parties purpose,custom and usage or otherwise,which are waived by Customer. and supersedes all prior agreements and understandings, oral or written, g. Handling of Waste: By performing the Services, CBI does not accept or regarding the Services. Provisions contained in a purchase order or other acquire(i)title to any waste handled by CBI;or(ii)the status or liability of the documents provided by Customer that vary or conflict with the terms contained generator,owner,operator or arranger of transportation,treatment,storage or in the Agreement are hereby rejected. Modifications to the Agreement may be disposal, as defined by federal and state laws governing the handling, made only in writing,signed by both parties. Failure of CBI to take any action or treatment,storage or disposal of solid or hazardous waste.If requested,CBI will assert any right shall not be deemed a waiver of that right. This Agreement may transport waste or cause it to be transported under a waste manifest executed be signed in multiple counterparts. Facsimile,scanned or electronic signatures, by Customer to a disposal or treatment facility selected by Customer. If CBI copies of this Agreement, and daily work reports are valid and binding on the arranges for the transportation and disposal of waste, executes contracts with parties. disposal facilities, completes and signs waste profiles or waste manifests, or 2. Payment: 100% of invoiced amounts shall be paid within the time makes payment for transportation or disposal services,Customer agrees these selected on page one of this document. If no selection is made, payment is activities are performed by CBI as Customer's authorized agent.Customer shall due in advance unless pre-approved by CBI's credit department in writing. remain responsible for any claims by the disposal facility with respect to the Payments are not contingent upon owner payments,government funding,or waste and shall look solely to the disposal facility in the event of a release or insurance payments. Service charges will be imposed on any balance other liability arising from the disposal service. Prices quoted by CBI for remaining unpaid after 15 days computed at 1.5% per month, or the transportation and disposal of waste do not constitute a selection of the maximum rate allowed by law,whichever is less. In addition, Customer shall disposal facility and shall be subject to adjustment in the event the disposal reimburse CBI for all fees and costs incurred to collect overdue amounts, facility increases its price to CBI or Customer designates an alternate facility. including but not limited to collection fees,attorneys'fees,filing fees, costs of litigation or alternate dispute resolution, attorneys' fees and charges for time 9 Insurance: During the performance of the Services, CBI shall maintain spent by CBI personnel. CBI reserves all legal rights and recourses against the worker's compensation and employer's liability insurance; commercial general Customer, its property and the property owner for failure of Customer to pay liability insurance in the amount of $1,000,000 per occurrence; automobile invoices when due. liability insurance in the amount of $1,000,000 combined single limit; and contractor's pollution liability insurance in the amount of $1,000,000 per 3. Credit Security: Upon request by CBI,Customer shall provide security for occurrence. payment as follows:(i)by depositing funds in an escrow account with an escrow agent on terms acceptable to CBI;(ii) by providing a standby letter of credit in 10. Indemnification by Customer: Customer shall indemnify,defend and hold favor of CBI issued on terms and by a commercial bank acceptable to CBI;or(iii) CBI and its officers, directors employees, agents and subcontractors, harmless from and against all loss,liability,claims,litigation,proceedings,damages,fines, by arranging such other form of security or credit arrangement on terms acceptable to CBI. The amount of security shall be determined in CBI's sole penalties costs or expenses (including defense costs and attorney's fees) discretion as appropriate under the circumstances, and shall be increased as incurred by Customer, CBI or third parties arising from or in connection with required by CBI. Nothing herein shall obligate CBI to continue to provide bodily injury or death, property damage, environmental release, impairment, Services when it has not been paid or provided with acceptable security. pollution or condition or any other cause occurring prior to CBI's commencement of the Services, and during or after the performance of the 4. Daily Work Orders: Finalized daily work documents shall be the Services except to the extent directly attributable to CBI's active or sole mechanism to document and verify personnel, equipment, materials and negligence or willful misconduct in the performance of the Services. Customer outside services utilized by CBI in the performance of Services. If Customer's shall indemnify CBI and shall pay all costs and charges incurred by CBI in representative is not available to sign daily work orders, it is Customer's connection with this Agreement and all reasonable attorneys' fees and costs responsibility to ensure prompt review and approval of daily work documents. incurred by CBI in connection with performing the Services as well as the Customer's failure to(i) approve daily work documents sent to Customer's fax enforcement of this Agreement. number or email address, or (ii) provide its written objection to daily work documents shall constitute acceptance of the resources reported by CBI. CO Limit of Liability: NOTWITHSTANDING ANY OTHER PROVISION CONTAINED IN THIS AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO THE 5. Schedule: CBI shall use reasonable effort to complete the Services OTHER PARTY FOR ANY EXEMPLARY, PUNITIVE, INDIRECT, SPECIAL OR according to the agreed schedule. However, no warranties or representations CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, are made as to the completion date of any Services undertaken, nor will LOST PROFITS OR LOSS OF USE, REGARDLESS OF THE CAUSE, INCLUDING Customer have any right to damages arising from delays of CBI in the NEGLIGENCE, EVEN IF SUCH DAMAGES WERE WITHIN THE CONTEMPLATION completion of the Services. OF,FORESEEN BY OR REASONABLY FORESEEABLE BY THE PARTIES. 6. Changes,Delays: Changes to the Services requested by Customer shall be 12. Suspension or Termination by CBI: CBI may suspend or terminate the compensated in accordance with CBI's Price List then in effect. Unknown or Services or this Agreement at any time in the event of 1)failure of Customer to unanticipated conditions, conditions differing from information provided by timely pay amounts due, or 2) breach by Customer of any provision of this Customer, changes in laws or required standards, and directions by Agreement. Customer shall be responsible for all charges incurred by CBI as a governmental agencies and insurance adjusters are considered changes result of such termination or suspension, in addition to charges for Services requested by Customer. In the event CBI's performance is suspended or performed hereunder. delayed by Customer,government personnel,weather or other reason beyond 13. Law and Jurisdiction: This Agreement and the rights and obligations of the CBI's control, CBI shall be paid at the rates contained in the Price List for personnel and equipment on standby, for demobilization and mobilization parties shall be governed by the laws of the State of Florida. Any suit,action or costs,and other charges incurred as a result of such suspension or delay. proceeding brought by any party shall be commenced exclusively in the Courts of the State of Florida situated in Broward County, Florida, or in the United 7. Warranty: CBI shall perform the Services in accordance with all applicable States District Court for the Southern District of Florida. federal, state and local regulations. CBI will reperform deficient Services if written notice of the defect is received by CBI prior to demobilizing from N Customer Initials: CH jobsite.CBI makes no warranty that CBI will recover any specific quantity of hazardous or other substance or that any specific level of cleanliness will be CBI's Initials: NTH O achieved or that human activity can be resumed. CBI's reperformance of CV v Rev 4-26-2023 Addendum Monroe County Contract Terms and Conditions The Monroe County Board of County Commissioners (hereinafter, "County") and, Cliff Berry, Incorporated (hereinafter, "Company") agree as set forth below. The County and Company hereby enter into this Addendum to the proposal of Company dated May 19, 2026, and agree to the following: The County and Company hereby enter into this Addendum to modify any Agreement,Proposal/Quote or Estimate offered by the Company for the goods or services to be provided (hereinafter referred to as `` Agreementf') and agrees to the following: Proposal in the Amount of$7,250.00 to Provide Materials and Labor to vacuum out one estimated size 55 gallons to 100 gallon acid neutralization tank. When the tank is empty, the tank will be recharged with the appropriate amount of stone. All liquids and solids will be disposed of at the Miami pretreatment facility of the Company. The Agreement includes and incorporates the Proposal and this Addendum. To the extent that any terms conflict, the language as set forth in this Addendum shall supersede any other terms and shall be binding. Payment: Payment will be made in accordance with the Local Government Prompt Payment Act(Section 218.70, Florida Statutes). Payments due and unpaid under the Agreement shall bear interest pursuant to the Local Government Prompt Payment Act. The Company shall submit to the County invoices with Supporting documentation that are acceptable to the Office of Monroe County Clerk of Court and Comptroller(Clerk). Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. The County's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Monroe County Board of County Commissioners. The County's indemnification is limited and subject to the sovereign immunity provisions of Section 768.28, Florida Statutes. This Agreement shall not exceed $100,000.00. Any automatic renewal is subject to this not-to-exceed amount of$100,000.00 unless the Monroe County Board of County Commissioners gives prior approval of an agreement more than $100,000.00. In accordance with Monroe County Code Section 2-58, the County Administrator is authorized to sign agreements when the total cumulative value of the contract does not exceed $100,000.00. The County reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Section 2-721, et al. of the Monroe County Code. Termination: The County may terminate this Agreement for cause should the Company fail to perform. Prior to termination for cause, the County shall provide Company with seven (7) calendar days' written notice and provide the Company 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, the County shall pay the Company the sum due for work performed under this Agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract. However, the County reserves the right to assert and seek an offset for damages caused by the breach. The County may terminate this Agreement for convenience, at any time, upon thirty (30) days' written notice to the Company. If the County terminates this Agreement,the County shall pay the Company the sum due for work performed prior to termination, unless the cost of completion of the remaining work under the Agreement exceeds the funds remaining in the contract. Maintenance of Records. The Company shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this 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 five years following the termination of this Agreement. If an auditor employed by the County or the Clerk determines that monies paid to the Company pursuant to this Agreement were spent for purposes not authorized by this Agreement,the Company 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 Company. Governing Law, Venue, Interpretation, Costs, and Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Company agree that venue shall lie in the appropriate court or before the appropriate administrative body of the 161h Judicial Circuit in and for Monroe County,Florida. This Agreement shall not be subject to arbitration. Attorney's Fees and Costs. The Parties agree that, in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement,the prevailing parry shall be entitled to reasonable attorney's fees and court costs, as an award against the non-prevailing parry,and shall include attorney's fees and courts costs in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the Circuit Court of Monroe County. Nondiscrimination. The Parties agree that there will be no discrimination against any person, and it is expressly understood that, upon a determination by a court of competent jurisdiction that discrimination has occurred,this Agreement automatically terminates without any further action on the part of any parry, effective the date of the court order. The Parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352)which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended(20 USC ss.1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of disability; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended,relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 2 1912,ss. 523 and 527(42 USC ss. 690dd-3 and 290ee-3), as amended,relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale,rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. Public Records Compliance. The Company 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 Company 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 Company 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 Company. Failure of the Company 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 Company is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. The Agreement is a Public Record under Chapter 119, Florida Statutes. The parties agree to comply with Chapter 119, Florida Statutes. Sovereign Immunity and Non-Waiver of Immunity. The County's indemnification is limited and subject to the sovereign immunity provisions of Section 768.28, Florida Statutes. Notwithstanding the provisions of Section 768.28, Florida Statutes, the participation of the County and Company 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.Nothing contained herein is intended,nor may it be construed,to waive the County's rights and immunities under the common law or Section 768.28, Florida Statutes, as amended from time to time; nor will anything included herein be construed as consent to be sued by any third parties in any matter arising out of this Agreement. Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Company agree that neither the County nor the Company or any agent,officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities,have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 3 No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer,agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. E-Verify System. In accordance with Section 448.095, Florida Statutes, any Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's F-Verify system to verify the work authorization status of all new employees hired by the Company during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Honicl and Security's L-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Agreement term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subconstruct with an unauthorized alien. Company shall comply with and be subject to the provisions of Section 448.095, Florida Statutes. County Forms. By signing this Agreement, the Company has sworn or affirmed to the following requirements as set forth in the Public Entity Crime Statement, Ethics Statement, Drug-Free Workplace Statement, Vendor Certification Regarding Scrutinized Companies List and Affidavit Attesting to Noncoercive Conduct for Labor or Services as set forth in more detail in this Agreement. Public Entity Crime Statement. The Company certifies and agrees that n e i t h e r t h e Company nor any Affiliate has been placed on the convicted vendor list within the last 36 months. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide 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 a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid, proposal or reply on contracts to provide any goods or services to a public entity,may not submit a bid,proposal or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids, proposals or replies on leases of real property to a public entity,may not be awarded or perform work as a contractor, supplier or subcontractor under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, the Company represents that the execution of this Agreement will not violate the Public Entity Crimes Act(Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereunder and may result in debarment from the County's competitive procurement activities. In addition to the foregoing, the Company further represents that there has been no determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida 4 Statutes, as a"public entity crime"and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether the Company has been placed on the convicted vendor list. The Company will promptly notify the County if it or any subcontractor is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. Employment or Retention of Former County Officers or Employees. By signing this Agreement, the Company warrants that he/it has not employed,retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2-149, Monroe County Code of Ordinances or any County officer or employee in violation of Section 2-150,Monroe County Code of Ordinances. For breach or violation of this provision the County may, in its discretion,terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee pursuant to Subsection 2-152(b), Monroe County Code of Ordinances. Suspended Person/Business Entity Section 2-3470), Monroe County Code: In accordance with Monroe County Code Subsection 2-347(l), the Company hereby swears and affirms that it is not a suspended person or business entity. The employment of a suspended person/business entity is a material breach of the County/Company contract and entitles the County, in its discretion, to terminate the contract with no further liability to the Company beyond payment of the portion of the contract price that may be due for work satisfactorily completed up to the date of termination. Indemnification & Hold Harmless: Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement,the Company shall defend,indemnify, and hold the County, and the County's elected and appointed officers and employees, harmless from and against any claims, actions or causes of action, any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine,penalty or business interruption, and any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified parry by reason of, or in connection with: (A) any activity of the Company or any of its employees, agents, contractors or other invitees during the term of this Agreement; (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of the Company or any of its employees, agents, sub-contractors or other invitees; or(C)the Company's default in respect of any of the obligations that it undertakes under the terms of this Agreement. This section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. Vendor Certification Re2ardin2 Scrutinized Companies Lists. The Company agrees and certifies compliance with the following: Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal,the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company that is 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 Section 215.473, Florida Statutes, or that is engaged in business operations in Cuba or Syria from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of$1,000,000 or more. 5 As the person authorized to sign on behalf of Company,I hereby certify that the company identified above is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and, for Projects of $1,000,000 or more, is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism List, or engaged in business operations in Cuba or Syria. As provided in Subsection 287.135(8), Florida Statutes, if federal law ceases to authorize these contracting prohibitions, then they shall become inoperative. 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 List or been engaged in business operations in Cuba or Syria. Note: The Lists are available at the following Department of Management Services Site: a I // (ills" sa ;,w ] _ M (d mm� �aa bu b <,tldG tl 1..,�aa G m <bb Md—ammVC M Q tl �b�ads Non-Collusion Affidavit. The Company by signing this Agreement, according to law on its oath, and under penalty of perjury, deposes and says that the person signing on behalf of the Company and the bidder making the Proposal for the project described in the Scope of Work executed the said proposal with full authority to do so;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. 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 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. The statements contained in this affidavit are true and correct and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. Affidavit Attesting to Noncoercive Conduct for Labor or Services. The Company is required to state, under penalty of perjury,that the Company does not use coercion for labor or services in accordance with Section 787.06, Florida Statutes. As defined in Subsection 787.06(2)(a), coercion means: 1. Using or threatening to use physical force against any person; 2. Restraining, isolating, or confining or threatening 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 6 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 threatening 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, Florida Statutes to any person for the purpose of exploitation of that person. As a person authorized to sign on behalf of the Company, I certify under penalties of perjury that the Company does not use coercion for labor or services in accordance with Section 787.06. Additionally, the Company has reviewed Section 787.06, Florida Statutes, and agrees to abide by same. Insurance. The Company shall maintain the following required insurance throughout the entire term of this Agreement and any extensions. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Company to maintain the required insurance shall not extend any deadlines specified in this Agreement and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for Company's failure to maintain the required insurance. Commercial General Liability Insurance with minimum limits of$500,000 Combined Single Limit(CSL) If split limits are provided, the minimum limits acceptable shall be $250,000 per Person, $500,000 per occurrence and $50,000 property damage. The Monroe County BOCC shall be named as an Additional Insured as its interests may appear on all insurance policies issued to satisfy the above requirements. The Company shall provide to the County as satisfactory evidence of the required insurance, including the insurance policy application and either: • Original Certificate of Insurance, OR • Certified copy of the actual insurance policy, OR • Certificate of Insurance e-mailed from Insurance Agent/Company to County Risk Management- Telephone Gaelan Jones at(305) 292-3470 for details (Certificates can be e-mailed directly from the insurance agency to: Jones-Gaelan@MonroeCounty- Fl.gov. An original certificate or a certified copy of any or all insurance policies required by this contract shall be filed with the Clerk of the BOCC prior to the contract being executed by the Clerk's office. The Insurance policy must state that the Monroe County BOCC is the Certificate Holder and Additional Insured for this contract. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] 7 Cliff Berry, Incorporated Digitally signed by Jon Hines 0Jn i n eS Date:2026.06.15 09:59!19 ^ Signature Jon Hines Title Date MONROE COUNTY ATTOMNEY'S OFFICE APPROVED AS TO FORM 9TANTCOUNTYATTORNEY DATE: 5-21-2026 8 CLIFBER-01 JIMENEZB �►co�ro,,, CERTIFICATE OF LIABILITY INSURANCE DAT6/3/2 D/YYYY) 026 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 Amy Clarke Insurance Office of America PHONE FAX 500 W.Cypress Creek Road (A/C,No,Ext): (954)334-0294 (A/C,No): Suite 760 ADDRESS:amy.clarke@ioausa.com Fort Lauderdale,FL 33309 INSURERS AFFORDING COVERAGE NAIC# INSURERA:Greenwich Insurance Company 22322 INSURED INSURER B:XL Specialty Insurance Company 37885 Cliff Berry,Inc. INSURERC:Indian Harbor Insurance Company 36940 851 Eller Drive P.O.Box 13079 INSURER D:Zurich American Insurance Company 16535 Ft. Lauderdale,FL 33316 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MMIDD/YYYY MMIDD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR GEC3002600-01 12/31/2025 12/31/2026 DAMAGE TO RENTED 100,000 X X PREMISES Ea occurrence $ MED EXP(Any oneperson) $ 5,000 tfbX T PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: 9y_.­7,q �-1,�z ._�.... GENERAL AGGREGATE $ 2,000,000 POLICY� PRO- FLOC DAT1'..u..---�•��.7� �� � PRODUCTS-COMP/OPAGG $ 2,000,000 WYAI'. OTHER: $ B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ X ANY AUTO X X AECO067537-01 12/31/2025 12/31/2026 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ X MCS-90 X CA-9948 B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 EXCESS LIAB CLAIMS-MADE X X UECO067540-01 12/31/2025 12/31/2026 AGGREGATE $ 10,000,000 DED X RETENTION$ 10,000 $ B WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER X W E C3002599-01 12/31/2025 12/31/2026 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000'OOO If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C Cont Prof&Poll Liab X X PECO067544-01 12/31/2025 12/31/2026 Each Occ: $10M/Agg 10,000,000 D Property X X CPP 0289908-08 12/31/2025 12/31/2026 Leased/Rented Equip. 400,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Thirty(30)days notice of cancellation,except ten(10)days notice in the event of non-payment of premium.Workers'Compensation includes USL&H and Jones Act/Maritime Coverage.USL&H Coverage applies in Florida only. Transported Cargo Pollution and Professional Liability is included in PECO067544. The Certificate holder is an additional insured on a primary and non-contributory basis with respects to the following policies:General Liability and Contractors Pollution Liability performs CG20101219,CG20371219,EVPCPoc307c 0618;Auto Liability perform XIC4111013 and Excess Liability on a follow form basis,if required by written contract. A waiver of subrogation applies in favor of The Certificate holder with respects to General Liability per form CG24531219,Contractors Pollution Liability and Professional Liability perform EVPCPocCP 0424,Auto Liability perform CA04441013,Excess Liability on a follow form basis,and Workers'Compensation perform WC0003130484,if required by written contract.Excess Liability is"follow form"as respects the SEE ATTACHED ACORD 101 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. AUTHORIZED REPRESENTATIVE Monroe County BOCC 1100 Simonton Street Key West FL 33040 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID:CLIFBER-01 JIMENEZB LOC#: 1 A�©� ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Insurance Office of America Cliff Berryry,,Inc. 851 EIIerDrive POLICY NUMBER P.O.Box 13079 Ft. Lauderdale,FL 33316 SEE PAGE 1 Broward CARRIER NAIC CODE SEE PAGE 1 SEE P 1 EFFECTIVE DATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/Locations/Vehicles: primary General,Automobile and Employer's(WC) Liability policies.Auto policy AECO067538 has the same insurer, limits, policy period and terms and conditions as the above policy AECO067537(issued for different classes of vehicles). ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: AECO067537-01 XIC 411 1013 ENDORSEMENT#007 This endorsement, effective 12:01 a.m., December 31, 2025, forms a part of Policy No. AECO067537-01 issued to CLIFF BERRY, INC. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM AUTO DEALERS COVERAGE FORM A. COVERED AUTOS LIABILITY COVERAGE, Who Is An Insured, is amended to include as an "insured" any person or organization you are required in a written contract to name as an additional insured, but only for"bodily injury" or"property damage" otherwise covered under this policy caused, in whole or in part, by the negligent acts or omissions of: 1. You, while using a covered "auto"; or 2. Any other person, except the additional insured or any employee or agent of the additional insured, operating a covered "auto"with your permission; Provided that: a. The written contract is in effect during the policy period of this policy; b. The written contract was signed by you and executed prior to the "accident" causing "bodily injury" or"property damage"for which liability coverage is sought; and C. Such person or organization is an "insured" solely to the extent required by the contract, but in no event if such person or organization is solely negligent. B. The Limits of Insurance provided for the Additional Insured shall not be greater than those required by contract and, in no event shall the Limits of Insurance set forth in this policy be increased by the contract. C. General Conditions, Other Insurance is amended as follows: Any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether such insurance is primary, excess, contingent or on any other basis unless the contract specifically requires that this policy be primary. All terms, conditions, exclusions and limitations of this policy shall apply to the liability coverage provided to any additional insured, and in no event shall such coverage be enlarged or expanded by reason of the contract. All other terms and conditions of this policy remain unchanged. XIC 411 1013 ©2013 X.L. America, Inc. All Rights Reserved. Page 1 of 1 May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER: AECO067538-01 XIC 411 1013 ENDORSEMENT#007 This endorsement, effective 12:01 a.m., December 31, 2025, forms a part of Policy No. AECO067538-01 issued to CLIFF BERRY, INC. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM AUTO DEALERS COVERAGE FORM A. COVERED AUTOS LIABILITY COVERAGE, Who Is An Insured, is amended to include as an "insured" any person or organization you are required in a written contract to name as an additional insured, but only for"bodily injury" or"property damage" otherwise covered under this policy caused, in whole or in part, by the negligent acts or omissions of: 1. You, while using a covered "auto"; or 2. Any other person, except the additional insured or any employee or agent of the additional insured, operating a covered "auto"with your permission; Provided that: a. The written contract is in effect during the policy period of this policy; b. The written contract was signed by you and executed prior to the "accident" causing "bodily injury" or"property damage"for which liability coverage is sought; and C. Such person or organization is an "insured" solely to the extent required by the contract, but in no event if such person or organization is solely negligent. B. The Limits of Insurance provided for the Additional Insured shall not be greater than those required by contract and, in no event shall the Limits of Insurance set forth in this policy be increased by the contract. C. General Conditions, Other Insurance is amended as follows: Any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether such insurance is primary, excess, contingent or on any other basis unless the contract specifically requires that this policy be primary. All terms, conditions, exclusions and limitations of this policy shall apply to the liability coverage provided to any additional insured, and in no event shall such coverage be enlarged or expanded by reason of the contract. All other terms and conditions of this policy remain unchanged. XIC 411 1013 ©2013 X.L. America, Inc. All Rights Reserved. Page 1 of 1 May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER: AECO067537-01 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: CLIFF BERRY, INC. Endorsement Effective Date: December 31, 2025 SCHEDULE Name(s) Of Person(s) Or Organization(s): WHERE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT EXECUTED PRIOR TO LOSS (EXCEPT WHERE NOT PERMITTED BY LAW). Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Pagel POLICY NUMBER: AECO067538-01 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: CLIFF BERRY, INC. Endorsement Effective Date: December 31, 2025 SCHEDULE Name(s) Of Person(s) Or Organization(s): WHERE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT EXECUTED PRIOR TO LOSS (EXCEPT WHERE NOT PERMITTED BY LAW). Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Pagel POLICY NUMBER: AECO067537-01 COMMERCIAL AUTO CA 20 01 11 20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LESSOR - ADDITIONAL INSURED AND LOSS PAYEE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the Policy effective on the inception date of the Policy unless another date is indicated below. Named Insured: CLIFF BERRY, INC. Endorsement Effective Date: December 31, 2025 SCHEDULE Insurance Company: XL Specialty Insurance Company Policy Number: AECO067537-01 Effective Date: December 31, 2025 Expiration Date: December 31, 2026 Named Insured: CLIFF BERRY, INC. Address: 851 ELLER DRIVE FORT LAUDERDALE, FL 33316 Additional Insured (Lessor): See Endorsement#006 Address: Designation Or Description Of"Leased Autos": See Endorsement#006 CA 20 01 11 20 © Insurance Services Office, Inc., 2019 Page 1 of 2 Coverages Limit Of Insurance Or Deductible Covered Autos Liability $ Each "Accident" Comprehensive $ Deductible For Each Covered "Leased Auto" Collision $ Deductible For Each Covered "Leased Auto" Specified $ Deductible For Each Covered "Leased Auto" Causes Of Loss Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Coverage 2. The insurance covers the interest of the lessor 1. Any "leased auto" designated or described in unless the "loss" results from fraudulent acts or the Schedule will be considered a covered omissions on your part. "auto" you own and not a covered "auto" you 3. If we make any payment to the lessor, we will hire or borrow. obtain his or her rights against any other party. 2. For a "leased auto" designated or described in C. Cancellation the Schedule, the Who Is An Insured provision 1. If we cancel the Policy, we will mail notice to the under Covered Autos Liability Coverage is lessor in accordance with the Cancellation changed to include as an "insured" the lessor Common Policy Condition. named in the Schedule. However, the lessor is an "insured" only for"bodily injury" or"property 2. If you cancel the Policy, we will mail notice to the damage" resulting from the acts or omissions lessor. by: 3. Cancellation ends this agreement. a. You; D. The lessor is not liable for payment of your b. Any of your"employees" or agents; or premiums. c. Any person, except the lessor or any E. Additional Definition "employee" or agent of the lessor, operating As used in this endorsement: a "leased auto"with the permission of any of "Leased auto" means an "auto" leased or rented to the above. you, including any substitute, replacement or extra 3. The coverages provided under this "auto" needed to meet seasonal or other needs, endorsement apply to any "leased auto" under a leasing or rental agreement that requires described in the Schedule until the expiration you to provide direct primary insurance for the date shown in the Schedule, or when the lessor lessor. or his or her agent takes possession of the "leased auto", whichever occurs first. B. Loss Payable Clause 1. We will pay, as interest may appear,you and the lessor named in this endorsement for"loss"to a "leased auto". CA 20 01 11 20 © Insurance Services Office, Inc., 2019 Page 2 of 2 ENDORSEMENT#006 This endorsement, effective 12:01 a.m., December 31, 2025, forms a part of Policy No. AECO067537-01 issued to CLIFF BERRY, INC. by XL Specialty Insurance Company. In consideration of the premium charged, it is hereby understood and agreed that: On form CA 20 01 LESSOR—ADDITIONAL INSURED AND LOSS PAYEE Additional Insured (Lessor) on the Schedule is amended to include: ALL LESSORS Designation or Description of"Leased Autos" on the Schedule is amended to include: Any "Leased Auto" All other terms and conditions remain the same. (Authorized Representative) IXI 403 01 10 POLICY NUMBER: AECO067543-01 COMMERCIAL AUTO CA 20 01 11 20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LESSOR - ADDITIONAL INSURED AND LOSS PAYEE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the Policy effective on the inception date of the Policy unless another date is indicated below. Named Insured: CLIFF BERRY, INC. Endorsement Effective Date: December 31, 2025 SCHEDULE Insurance Company: Indian Harbor Insurance Company Policy Number: AECO067543-01 Effective Date: December 31, 2025 Expiration Date: December 31, 2026 Named Insured: CLIFF BERRY, INC. Address: 851 ELLER DRIVE FORT LAUDERDALE, FL 33316 Additional Insured (Lessor): See Endorsement#005 Address: Designation Or Description Of"Leased Autos": See Endorsement#005 CA 20 01 11 20 © Insurance Services Office, Inc., 2019 Page 1 of 2 Coverages Limit Of Insurance Or Deductible Covered Autos Liability $ Each "Accident" Comprehensive $ Deductible For Each Covered "Leased Auto" Collision $ Deductible For Each Covered "Leased Auto" Specified $ Deductible For Each Covered "Leased Auto" Causes Of Loss Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Coverage 2. The insurance covers the interest of the lessor 1. Any "leased auto" designated or described in unless the "loss" results from fraudulent acts or the Schedule will be considered a covered omissions on your part. "auto" you own and not a covered "auto" you 3. If we make any payment to the lessor, we will hire or borrow. obtain his or her rights against any other party. 2. For a "leased auto" designated or described in C. Cancellation the Schedule, the Who Is An Insured provision 1. If we cancel the Policy,we will mail notice to the under Covered Autos Liability Coverage is lessor in accordance with the Cancellation changed to include as an "insured" the lessor Common Policy Condition. named in the Schedule. However, the lessor is an "insured" only for"bodily injury" or"property 2. If you cancel the Policy, we will mail notice to the damage" resulting from the acts or omissions lessor. by: 3. Cancellation ends this agreement. a. You; D. The lessor is not liable for payment of your b. Any of your"employees" or agents; or premiums. c. Any person, except the lessor or any E. Additional Definition "employee" or agent of the lessor, operating As used in this endorsement: a "leased auto"with the permission of any of "Leased auto" means an "auto" leased or rented to the above. you, including any substitute, replacement or extra 3. The coverages provided under this "auto" needed to meet seasonal or other needs, endorsement apply to any "leased auto" under a leasing or rental agreement that requires described in the Schedule until the expiration you to provide direct primary insurance for the date shown in the Schedule, or when the lessor lessor. or his or her agent takes possession of the "leased auto", whichever occurs first. B. Loss Payable Clause 1. We will pay, as interest may appear,you and the lessor named in this endorsement for"loss"to a "leased auto". CA 20 01 11 20 © Insurance Services Office, Inc., 2019 Page 2 of 2 ENDORSEMENT#005 This endorsement, effective 12:01 a.m., December 31, 2025, forms a part of Policy No. AECO067543-01 issued to CLIFF BERRY, INC. by Indian Harbor Insurance Company. In consideration of the premium charged, it is hereby understood and agreed that: On form CA20 01 LESSOR—ADDITIONAL INSURED AND LOSS PAYEE Additional Insured (Lessor) on the Schedule is amended to include: ALL LESSORS Designation or Description of"Leased Autos" on the Schedule is amended to include: Any "Leased Auto" All other terms and conditions remain the same. (Authorized Representative) IXI 403 01 10 ENDORSEMENT#012 This endorsement, effective 12:01 a.m., December 31, 2025 forms a part of Policy No. PEC0067544-01 issued to CLIFF BERRY, INC. by Indian Harbor Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED SCHEDULE FOR JOB SITE COVERAGE This endorsement modifies insurance provided under the following: PROFESSIONAL AND POLLUTION LEGAL LIABILITY POLICY It is agreed that this Policy is amended as follows: SECTION III - DEFINITIONS, M. Insured, Subsection 9., is amended to include the following: Solely with regard to SECTION I - INSURING AGREEMENTS, B.1. Job Site Coverage - Occurrence, each person or entity listed in the Schedule below, but only for: a. a Pollution Condition caused by Contracting Services; and b. the liability of the person or entity that results from the performance of the Named Insured's Contracting Services. Schedule: CLIFF BERRY&ASSOCIATES, INC. CB-SIX, INC. CLIFF BERRY FAMILY LTD. PARTNERSHIP C-2 HOLDINGS, INC. All other terms and conditions remain the same. EVPCPoc307c 0618 ©2018 X.L. America, Inc. All Rights Reserved. Page 1 of 1 May not be copied without permission. L. Severability Except with respect to the Limits of Liability and the Self-Insured Retention Amount, and any rights or duties specifically assigned in this Policy to the First Named Insured, this insurance applies: 1. as if each Named Insured were the only Named Insured; and 2. separately to each Insured against whom a Claim is made. Any misrepresentation, act or omission that is in violation of a duty, term or condition under this Policy by one Insured shall not by itself affect coverage for another Insured under this Policy. However, this exception shall not apply to the Insured who is a parent, subsidiary or affiliate of the Insured which committed the misrepresentation, act or omission referenced above. M. Sole Agent The First Named Insured shall act on behalf of all Insureds for the payment or return of premium, receipt and acceptance of any endorsement issued to form a part of this Policy, giving and receiving notice of cancellation or non-renewal and the exercise of the rights provided in SECTION VI—OPTIONAL EXTENDED REPORTING PERIOD. N. Subrogation and Recoupment In the event of any payment under this Policy, we shall have the right to seek recoupment against you in the event we determine no coverage exists and/or be subrogated to all of your rights of recovery against any person or entity and you will execute and deliver instruments and papers and do whatever else is necessary to secure such rights. Any recovery as a result of subrogation proceedings under this Policy shall accrue first to you to the extent of your payments in excess of the Limits of Liability of this Policy; then to us to the extent of our payment under this Policy; and then to you to the extent of your payment of the Self-Insured Retention Amount. Expenses incurred in such subrogation proceedings shall be apportioned among the interested parties in the recovery in the proportion that each interested party's share in the recovery bears to the total recovery amount. We shall have priority in any recovery, and any amounts recovered in excess of our total payment and the cost of recovery shall be paid to you. You shall do nothing at any time to prejudice our subrogation rights. However, we waive our right of recovery against any person or entity, except for a Design Professional or Subcontractor, including Subcontractors and subconsultants, as referenced in SECTION I — INSURING AGREEMENTS, A.3. Protective Loss Coverage and B.4. Pollution Protective Loss Coverage, if and to the extent you agreed to waive your right of recovery against such person or entity in a written agreement signed by the Named Insured prior to: 1. the negligent act, error or omission in Professional Services out of which the Claim or request for Rectification Expense arises under SECTION I - INSURING AGREEMENTS, A. Professional Coverages; or 2. the first commencement of a Pollution Condition out of which the Claim or request for Emergency Remediation Expense or Pollution Loss arises under SECTION I - INSURING AGREEMENTS, B. Pollution Coverages. O. Territory This Policy applies to Professional Services and Contracting Services rendered worldwide, provided that the Claim, Protective Claim or Pollution Protective Claim is first brought, and at all times maintained, within the United States, its territories and possessions, or in Canada. EVPCPocCP 0424 ©2025 X.L. America, Inc. All Rights Reserved. Page 28 of 29 May not be copied without permission. POLICY NUMBER: GEC3002600-01 COMMERCIAL GENERAL LIABILITY CG20101219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED 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) Location(s) Of Covered Operations Any person or organization where required by written All Locations as required per written contract. contract provided that 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 additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodilyinjury" or damage" or "personal and advertising injury" property damage occurring after: pp y caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. 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 10 12 19 © Insurance Services Office, Inc., 2018 Pagel of 2 C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance; Section III- Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable limits of insurance. will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 10 12 19 POLICY NUMBER: GEC3002600-01 COMMERCIAL GENERAL LIABILITY CG20371219 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 where required by written All Locations as required per written contract., contract provided that 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" 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 hazard". 1. Required by the contract or agreement; or However: 2. Available under the applicable limits of 1. The insurance afforded to such additional insurance; insured only applies to the extent permitted by whichever is less. law; and This endorsement shall not increase the 2. If coverage provided to the additional insured is applicable limits of insurance. 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 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 ENDORSEMENT# This endorsement, effective 12:01 a.m., 12-31-2025, forms a part of Policy No. GEC3002600-01 issued to Cliff Berry, Inc. by Greenwich Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY INSURANCE CLAUSE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS COVERAGE PART It is agreed that to the extent that insurance is afforded to any Additional Insured under this policy, this insurance shall apply as primary and not contributing with any insurance carried by such Additional Insured, as required by written contract. All other terms and conditions of this policy remain unchanged. XIL 424 0605 ©, 2005, XL America, Inc. POLICY NUMBER:GEC3002600-01 COMMERCIAL GENERAL LIABILITY CG24041219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization where required by written contract provided that such contract was executed prior to the date of loss (as permissable by law) Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV- Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s)shown in the Schedule above. CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Where required by written agreement signed prior to loss. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured WEC3002599-01 Premium Included Cliff Berry, Inc. Insurance Company Countersigned by XL Specialty Insurance Company WC000313 (Ed. 4-84) ©1983 National Council on Compensation Insurance.