Item G05 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 17, 2013 Division: _Growth Management
Bulk Item: Yes X No _ Department: Land Steward
Staff Contact Person/Phone #: Beth Bergh/289-2511
AGENDA ITEM WORDING: Approval of Amendment No. 2 to Contract between Dot Palm
Landscaping, Inc. and Monroe County, extending the existing contract to May 16, 2014 at an additional
cost of$65,000.
ITEM BACKGROUND: The Board approved a contract with Dot Palm Landscaping, Inc. for the
removal of invasive exotic plant species from Monroe County conservation lands on January 19, 2011
(the project was advertised in accordance with the County's purchasing procedures). The work under
the contract was completed in May 2012. However, the contract provides for a total of two extensions
after the expiration date based on the availability of additional grant funding from the State. The
County has received additional grant funds in the amount of $50,000 from the Florida Fish and
Wildlife Conservation Commission for this purpose. The remaining $15,000 will be paid out of Fund
160 (Monroe County Environmental Land Management and Restoration Fund). This is the second and
final extension allowed for under the existing contract.
PREVIOUS RELEVANT BOCC ACTION:
January 19, 2011- Approval of contract with Dot Palm Landscaping, Inc
September 21, 2011 —Approval of first extension to contract with Dot Palm Landscaping, Inc.
July 17, 2013 —Approval of Task Assignment FK-119 under FWC Contract No. 08150 which provides
the County with $50,000 in grant funding for the contracted removal of invasive exotic plants.
CONTRACT/AGREEMENT CHANGES:
Extension of the contract until May 16, 2014 or upon reaching the amount of$65,000, whichever
occurs first.
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $65,000 INDIRECT COST: BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE:
$15,000 (direct cost) FWC Contract# 08150
COST TO COUNTY: $27,342 (in-kind) SOURCE OF FUNDS: Task Assignment FK-119
& Fund 160
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required _
DISPOSITION: AGENDA ITEM#
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACTSUMMARY
Contract with. Dot Palm Landscaping Contract#
Effective Date: Upon execution
Expiration Date: May 16,2014
Contract Pwpose/Description:
Contract amendment for professional services for the removal of invasive exotic plant
species from Monroe County conservation lands.
Amodment mmses P=gon mWil hft 16 20 d additional fundin 65 000 .
Fifty thousand will be paid out of a grant and the remaining$15,000 will be paid out of
Fund 160 C Environmental Land Management and Restoration Fund
Contract Manager. Beth Bergh 2511 Growth Management/11
(Name) (Ext.) (Department/Stop#)
for BOCC meeting on 9/17/13 A enda Deadline:9/3/13
CONTRACT COSTS
Total Dollar Value of Contract:$ 65,000 Current Year Portion: $
Budgeted?Yes® No❑ Account Codes: 160 -520U-530460-
Grant:$ 50,000 -
County Match:$ 27,342(in kind) - - -
ADDMONAL COSTS
Estimated Ongoing Costs:$___/yr For:
of included in dollar value above (e maintenance utillties,'�itoria salaries,etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed Reviewer
Division Director YesO No0
Risk Managements YesO Nob' . .' ,
Gicl
O.M.BJPurchasing Yes[]NoL.14&3(,-
County Attorney ../ Yes[No .'
Comments:
OMB Form Revised 2127/01 MCP#2
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Dot Palm Landscaping Contract#
P g
Effective Date: Upon execution
Expiration Date: May 16,2014
Contract Purpose/Description:
Contract amendment for professional services for the removal of invasive exotic plant
species from Monroe County conservation lands.
Amendment ro-poses extension until Mgy 16 2014 and additional fundin 65 000 .
Fifty thousand will be paid out of a grant and the remaining$15,000 will be paid out of
Fund 160 C Environmental Land Management and Restoration Fund
Contract Manager: Beth Bergh 2511 Growth Management/ 11
(Name) (Ext.) (Department/Stop#)
for BOCC meeting on 9/17/13 A ends Deadline: 9/3/13
CONTRACT COSTS
Total Dollar Value of Contract: $ 65,000 Current Year Portion: $ _
Budgeted?Yes® No ❑ Account Codes: 160 -52002-530460-
Grant: $ 50,000 - - - -
County Match: $ 27,342 (in kind)
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
of included in dollar value above (e .maintenance,utilities,'anitorial,salaries,etc.)
CONTRACT REVIEW
Changes Date Out
to Needed C Reviewer
Division Director Yes❑No
Risk Management YesM NoM
O.M.B./Purchasing Yes[]No❑
County Attorney / Yes No .t- w.
Comments:
OMB Form Revised 2/27/01 MCP#2
AMENDMENT NO. 2 TO CONTRACT
BETWEEN DOT PALM LANDSCAPING, INC.
AND MONROE COUNTY,FLORIDA
THIS SECOND AMENDMENT TO CONTRACT is made and entered into this 171h day
of September, 2013 between Monroe County Board of County Commissioners (hereinafter
"COUNTY" or"BOCC") and Dot Palm Landscaping, Inc.
WITNESSETH:
WHEREAS, the parties entered into a Contract (Contract) on January 19, 2011 for the
removal of invasive exotic plant species from Monroe County conservation lands; and
WHEREAS,the work under the Contract was completed on May 14, 2011; and
WHEREAS, the parties entered into a Contract Amendment on September 21, 2011 to
extend the Contract; and
WHEREAS,the work under the Contract, as amended,was completed on May 15, 2012;
and
WHEREAS, Section 36 of the Contract allows for the extension of services under the
Contract, after the original May 14,2011 completion date, upon the same terms for two (2)
additional, future grant cycles whether for a greater or smaller sum and using a different completion
date, contingent upon the County's receipt of grant funds and mutual agreement of the parties; and
WHEREAS,the County has received additional grant funds for the State FY 2013-2014
from the Florida Fish and Wildlife Conservation Commission's Invasive Plant Management Section
in the amount of$50,000 for the removal of invasive exotic plants from Monroe County
conservation lands; and
WHEREAS,this Contract extension is the second of two extensions allowed for under
Section 36 of the Contract; and
WHEREAS,the County is contributing an additional $15,000 to this project from the
Monroe County Environmental Land Management and Restoration Fund.
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained herein the
parties agree as follows:
1. Exhibit A - Scope of Services is amended to reflect a new completion date and is attached as
Exhibit A to this Amendment.
2. Section 4.1 of the Contract is amended as follows:
1
The maximum compensation available to the CONTRACTOR under this agreement for the
time period beginning September 17, 2013 and ending May 16,2014 is $65,000.00. The
COUNTY agrees to pay the CONTRACTOR based on completion of work within the Scope
of Service according to progress reports and other documentation to show the hours
expended by each of the CONTRACTOR'S staff. There will be a 5%retainage by the
COUNTY until the kill rate requirements established in the Scope of Services are satisfied.
Because the work must be completed by May 16, 2014, compensation shall be only for the
amount of work completed, regardless of the cause of any delay.
3. Section 36 of the Contract is amended as follows:
The work under this Contract is to be completed by May 16, 2014 or upon reaching the
amount of$65,000.
4. The remaining provisions of the Contract dated January 19, 2011, not inconsistent herewith,
remain in full force and effect.
l
The remainder of this page intentionally left blank.
2
IN WITNESS WHEREOF,the parties hereto have caused these presents to be executed on the
—m day of 2013.
(SEAL)
ATTEST: AMY HEAVILIN,CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Deputy Clerk Mayor/Chairman
WITNESSES: DOT PALM LANDSCAPING, INC.
1 B
Pri Name: Pt7ialf me
2. Title: f , -t�a ""
Print Name: ' f
STATE OF -< • c�
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COUNTY OF ° N` ...�, �....,
On this day of 2013, before me the person whose name is
subscribed above, and who produced as identification, acknowledged
that he/she is the person who executed the above Contract for the purposes therein contained.
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w -?S HY P?o, DARLENE L PRUITT
W ? Notary Public-state of Florida
Notary Public My Comm Expires Jan 24,2015
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Commission#EE 57664
Print Name
My commission expires: w,.. Seal
MONR COUNT 7�TORNEY
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3
EXHIBIT A
To Amendment Dated September 17, 2013
SCOPE OF SERVICES
REMOVAL OF INVASIVE EXOTIC PLANTS FROM
MONROE COUNTY CONSERVATION LANDS
PROJECT HISTORY
Monroe County currently owns or manages approximately 2,000 acres of conservation lands throughout the
Keys. Monroe County has received a grant from the Florida Fish &Wildlife Conservation Commission,
Invasive Plant Management Section, in the amount of$50,000 for contract labor for the removal of invasive
exotic plants on parcels selected by the Monroe County Land Steward. Additionally the County is
contributinp,$15 000 towards this project for a project total of$65,000. Work must be completed by
14,2011. May 16, 2014.
PROJECT LOCATION
Lands in this project area consist of public conservation lands located throughout the Florida Keys either
owned or managed by Monroe County. Monroe County owns approximately 2,000 acres of scattered
conservation lands throughout the Florida Keys. This project will target sites that have not already been
treated in the Lower and Upper Keys identified below(the majority of the sites are within the Lower Keys
area):
Upper Keys: Key Largo;Tavernier
Lower Keys: Sugarloaf Keys; Cudjoe Key; Summerland Key; Ramrod Key; Torch Keys; Big Pine Key
Most individual parcels are only 0.1 acres in size, but many are contiguous and combine to form much larger
management units. The majority of the sites are located in neighborhoods,adjacent to residences and roads.
Level of infestation varies by site,ranging from sparse exotics to dense stands of Brazilian pepper.
SCOPE OF WORK
The project consists of the physical removal of all Category I and II Florida Exotic Pest Plant Council
(FLEPPC) listed species occurring on selected Monroe County conservation lands,followed by herbicide
application and chipping of all resulting biomass(except as described below for bowstring hemp and leadtree
seeds). The contractor will manage the project including the scheduling, subcontracting as necessary, labor,
monitoring and reporting progress. The County will supply locations and maps of project sites. The success
of the project depends on the thoroughness of invasive exotic removal.
The County conservation lands contain a wide variety of exotics ranging from grasses to large trees.
Different areas of the Keys have different species of concern but Brazilian pepper,Australian pine,Asiatic
colubrina, lead tree, seaside mahoe, non-native scaevola and bowstring hemp are the most abundant. Most of
the sites include a mixture of native vegetation and invasive exotic vegetation. The native vegetation must
not be disturbed during the invasive exotic removal. The majority of the sites will be located in uplands, but
a few may be adjacent to wetlands(including mangroves). Heavy equipment may not be used in wetlands
and mulch may not be placed in wetlands.
Most sites are within neighborhoods and are easily accessed from adjacent roads.
Every invasive exotic species listed by Florida EPPC will be either hand-pulled or cut down and treated with
appropriate herbicide. Exotic vegetation must be removed and cannot be left standing(including Australian
pines). A"Gyro-trac"or forestry machine may not be used for this project. Every effort shall be made to
4
avoid damage to native vegetation and wildlife. The Contractor is responsible for the initial herbicide
treatment and removal of all the specified exotic species including trees,shrubs, vines, herbaceous plants and
grasses regardless of the size or reproductive state of the plant.
Each cut plant will be cut as low to the ground as possible. Cuts will be made level to the ground to
minimize herbicide runoff prior to absorption. The herbicide will be applied using a low-pressure spray to
minimize drift and non-target damage. A dye shall be used to facilitate identification of treated stems. An
appropriate herbicide shall be applied within one(1)minute of stump preparation.
Invasive exotic plant species shall be treated with herbicide as follows:
Target Species Treatment Method
Asiatic colubrina 50%Garlon 3A applied to cut surface immediately after cut or
(Colubrina asiatica) 20%Garlon 4 applied to stump's cut surface and sides
Australian pine 50%Garlon 3A applied to cut surface immediately after cut or
(Casuarina s ) 20%Garlon 4 applied to stump's cut surface and sides
Beach naupaka 50%Garlon 3A applied to cut surface immediately after cut or
(Scaevola sericea) 10%Garlon 4 applied to stump's cut surface and sides
Brazilian pepper 50%Garlon 3A applied to cut surface immediately after cut or
(Schinus terebinthi olius) 10-15%Garlon 4 applied to stump's cut surface and sides
Lead tree 30%Garlon 4 applied to stump's cut surface and sides
(Leucaena leucoci halo)
Seaside mahoe 50%Garlon 3A applied to cut surface immediately upon cutting
(Thes esia o ulnea)
All mature(brown)lead tree(Leucaena leucocephala)seeds will be bagged and left on the site for disposal
by the County. Bowstring hemp(Sansevieria hyacinthoides)must be physically removed,ensuring that the
entire root has been removed. Resulting plant material may either be bagged or neatly piled on site(adjacent
to the road)for County pick up. All other vegetative debris will be chipped in place. On sites where the
mulch is to be removed, as determined by the Monroe County Land Steward,the mulch will be neatly piled
by the road for pickup by Monroe County Solid Waste. On sites where the mulch is to remain,the mulch
must be spread neatly across the site without covering remaining native vegetation. Logs that are too large
for the chipper must be cut into 4 ft lengths and neatly stacked by the road for pickup by Monroe County
Solid Waste.
The Contractor will provide all necessary equipment to complete the project including hand tools, chainsaws,.
chippers,vehicles,bucket truck, sprayers, garbage bags and personal protective equipment. The Contractor
will also provide all materials for treatment(including herbicide and adjuvants)and ensure proper disposal of
herbicide and adjuvant containers and will strictly adhere to all herbicide label application,precautionary,
and safety statements.
The Contractor shall be paid according to the hourly rates established in the contract for each type of
employee. No compensation shall be paid for travel time to and from the work site. The project is
complete when the total cost per hour reaches$50,000$65,000 or on May 16,2014,
whichever occurs first.
All herbicide treatments shall be at least 95% effective in preventing re-sprout of treated plants. If 95%kill
rate is not achieved for any area of the project after two(2)months past initial project completion; one
additional treatment of the exotic plants in the problem area shall be the responsibility of the Contractor at no
additional cost to the County.
The Contractor shall at all times provide an on-site ground crew supervisor that is certified by the Florida
Department of Agricultural and Consumer Services and in good standing with that Department, as part of the
work force. Ground crew supervisors will be responsible for: 1)coordination with the Monroe County Land
5
Steward on a daily 1 weekly basis;2)all control activities and safety on project sites; 3)assuring that all
crews are knowledgeable of, and remain within property and treatment boundaries;4)assuring herbicide
labels and Material Safety Data Sheets(MSDS)are on site; 5)avoiding damage to native vegetation and
wildlife; and 6)strict adherence to all herbicide label application, precautionary, and safety statements.
Ground crew supervisors shall be certified by the Florida Department of Agriculture and Consumer Services
in the Natural Areas, Forestry, Right-of-Way or Aquatics category. The County reserves the right to
disqualify prospective bidders who have violations of the Rules of Chapter 62C-20, F.A.C.,or other state or
federal laws or regulations related to pesticide use or aquatic plant control resolved by mediation, Consent
Order,or fine within the two(2)previous years.
Crew supervisors must meet with County staff on a regular basis to discuss the progress of the project and to
determine priority areas for treatment. The Contractor shall complete"Daily Progress Reports for Invasive
Plant Control"and submit the completed forms to the County every two weeks. The Monroe County Land
Steward will submit permit applications for the proposed exotic removals, however the Contractor is required
to pick up the permit from the Monroe County Building Department and keep the permit with the crew while
working on-site.
The Contractor must hold a valid Monroe County occupational license and a Monroe County
Certificate of Competency for landscaping.
Additional plant treatment or removal and nonplant debris removal may be added to the project by mutual
agreement as field conditions warrant and funds permit. Such agreements for additional work shall be made
in writing and agreed to by signature of both parties.
According to the County's grant agreement with Florida Fish & Wildlife Conservation Commission„
contractors working on invasive exotic removal projects must adhere to the following protocol:
• Mandatory decontamination protocols must be followed for vehicles and equipment prior to entering
Monroe County from areas outside of the County.
• When moving equipment from site to site within Monroe County, decontamination requirements will be
at the discretion of the County and will be dependent upon the exotic species that were treated at the
previous site and on the nature of the treatment sites.
• If decontamination is required by the County then the contractor must utilize a designated
decontamination site within Monroe County. The County shall supply the contractor with a list of
designated decontamination sites if necessary.
Decontamination protocols:
• All equipment including but not limited to vehicles,trailer, ATV's,and chippers must be cleaned with a
pressure washer(at a County approved facility). Decontamination protocols include spraying down all
equipment surfaces including the undercarriage and tires to insure that mud,vegetative debris and other
debris is not transported from the previous treatment site. Special attention will be paid to equipment
that has worked at sites where Lygodium,Cogon grass and other exotics specific to the mainland were
treated to prevent the spread of these species into Monroe County.
• Equipment such as chain saws, loppers,etc. used for cut stump treatment must be wiped down and
cleaned so that they are free of debris.
Prior to the commencement of an invasive species removal project, the contractor and the County Land
Steward shall discuss the necessity for a decontamination plan. If the County requires a plan,then the
Contractor shall submit a brief decontamination plan in writing,to the County for approval. The
decontamination plan shall identity specific decontamination procedures and decontamination sites.
Decontamination protocols may vary depending upon the nature of the treatment site,type of treatment
conducted at the site, and the exotic species that were treated.
6
Failure to comply with decontamination protocols constitutes reason for contract cancellation and dismissal
of the Contractor.
While notice to proceed will be issued as soon as possible after the contract is final,the project timeframe
may be adjusted depending on seasonal conditions. All work must be completed by May 14,2011.May 16.
2014.
"1
.4co v� CERTIFICATE OF LIABILITY INSURANCE DA08421r 0;3
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.
IM A : Cate holder N an ADDITI L INSURED,the po c1► es must be endorse& If SUBRO 511 IN WINED,subject 5-
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certlitcats does not confer rights to the
certificate holder In lieu of such endoreemen a
PRODUCER
Bouchard Insurance for WBS PHONE 866 293-3600 eA 623 N
P.O.Box 6090 M L
Clearwater,FL 33758-6090
INSURER(8)AFFORDING COVERAGE NAIL#
INSURER A:American Zurich Insurance Company 40142
INSURED INSURERS:
Workforce Business Services,Inc AIL Emp:Dot Palm Landscaping Inc INSURER C:
1401 Manatee Ave.West Ste 600
Bradenton,FL 34205.6708 INSURER O:
INSURER E-
INSURER F-
COVERAGES CERTIFICATE NUMBER:12FLO79813759 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.
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Location Coverage Period: 12/312012 12M 2013 Client# 053615
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Anseh ACORD 701,Additional Romub Seluduls,N m e space is nquisrq
Coverage Is provided for Dot Palm Landscaping Inc
only those employees 5200 Overseas Hwy
teased to but not Marathon,FL 33050
suboDn rectors of
CERTIFICATE HOLDER CANCELLATION
Monroe County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
2798 Overseas Highway THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Suite 300 ACCORDANCE WITH THE POLICY PROVISION&
Marathon,FL 33050
REPRESENTATIVE
AUTHORIZED R
01888-2010 ACORD CORPORATION. All rights reserved.
MONROE COUNTY
CONTRACT FOR PROFESSIONAL SERVICES
PROFESSIONAL SERVICES FOR THE REMOVAL OF INVASIVE EXOTIC PLANT
SPECIES FROM MONROE COUNTY CONSERVATION LANDS
THIS CONTRACT (Contract) is made and entered into this 17A day of
2'i , by MONROE COUNTY ("COUNTY"), a political subdi ' ion of t
State of Florida, whose address is the Marathon Government Center, 27 Overseas
Highway, Marathon, Florida, 33050, and Dot Palm Landscaping, Inc. ("CONTRACTOR"),
whose address is 5200 Overseas Highway, Marathon, Florida, 33050.
Section 1. SCOPE OF SERVICES
The CONTRACTOR shall do, perform and carry out in a professional and proper manner
certain duties as described in the Scope of Services— Exhibit A—which is attached
hereto and made a part of this agreement.
Section 2. COUNTY'S RESPONSIBILITIES
2.1 Provide all best available data and base maps as to the COUNTY'S
requirements for Work Assignments. Designate in writing a person ("Contract
Manager")with authority to act on the COUNTY'S behalf on all matters
concerning the Work Assignment.
2.2 Furnish to the CONTRACTOR all existing plans, studies, reports, and other
available data pertinent to the work, and obtain or provide additional reports and
data as required by the CONTRACTOR. The CONTRACTOR shall be entitled to
use and rely upon such information and services provided by the COUNTY or
others in performing the CONTRACTOR'S services.
2.3 Arrange for access to and make all provisions for the CONTRACTOR to enter
upon public and private property as reasonably required, and legally allowed, for
the CONTRACTOR to perform services hereunder. Any obstruction to such
access by private property owners shall not constitute a basis for waiver of any
other required entries on to public and private property, nor shall it provide a
basis for termination of the contract. In the event that such access is so
obstructed, CONTRACTOR and COUNTY shall work together to resolve the
difficulty in a timely manner.
2.4 Perform such other functions as are indicated in Exhibit A.
2.5 Provide a schedule that is mutually agreeable to the COUNTY and
CONTRACTOR.
Section 3. TIME OF COMPLETION
The services to be rendered by the CONTRACTOR shall be commenced upon written
notice from the COUNTY and the work shall be completed in accordance with the
schedule mutually agreed to by the COUNTY and CONTRACTOR, unless it shall be
modified in a signed document, by the mutual consent of the COUNTY and
CONTRACTOR. Subsequent services shall be performed in accordance with schedules
of performance which shall be mutually agreed to by COUNTY and CONTRACTOR.
Section 4. COMPENSATION
4.1 The maximum compensation available to the CONTRACTOR under this
agreement is$50,000.00. The COUNTY agrees to pay the CONTRACTOR
based on completion of work within the Scope of Service according to progress
reports and other documentation to show the hours expended by each of the
CONTRACTOR'S staff. There will be a 5% retainage by COUNTY until the kill
rate requirements established in the Scope of Services are satisfied. Because
the work must be completed by May 14, 2011, compensation shall be only for the
amount of work completed, regardless of the cause of any delay.
4.2 The hourly billing rates of the CONTRACTOR, expected to include all costs
including travel and equipment, used in calculating the compensation due are:
Position Rate in Dollars
Licensed Pesticide Su ervisor $45.00 per hour
Ground worker $45.00 per hour
Bucket Truck Operator $45.00 per hour
Bobcat Operator $85.00 per hour
4.3 There are no reimbursable expenditures allowed under this contract.
Section S. PAYMENT TO CONTRACTOR
5.1 Payment will be made according to the Local Government Prompt Payment Act.
Any request for payment must be in a form satisfactory to the County Clerk
(Clerk). The request must describe in detail the services performed and the
payment amount requested. The CONTRACTOR must submit to the COUNTY
Project Manager, who will review the request. The Project Manager shall note
his/her approval on the request and forward it to the Clerk for payment. If
request for payment is not approved, the Project Manager must inform the
CONTRACTOR in writing that must include an explanation of the deficiency that
caused the disapproval of the request.
5.2 CONTRACTOR shall submit invoices with progress report of activities on a
weekly or otherwise regular basis until the work under this agreement is
completed.
5.3 Continuation of this contract is contingent upon annual appropriation by Monroe
County.
Section 6. CONTRACT TERMINATION
Either parry may terminate this contract because of the failure of the other party to
perform its obligations under the Contract. COUNTY may terminate this contract for any
reason upon fifteen (15) days notice to the CONTRACTOR. COUNTY shall pay
CONTRACTOR for work performed through the date of termination.
Section 7. AUTHORIZATION OF WORK ASSIGNMENTS
7.1 All work assignments beyond or in addition to EXHIBIT "A"shall be authorized in
a signed document (Work Order) in accordance with the COUNTY's policy prior
to any work being conducted by the CONTRACTOR.
7.2 Additional authorizations may contain additional instructions or provisions specific
to the authorized work for the purpose of clarifying certain aspects of this
Agreement pertinent to the work to be undertaken. Such supplemental instruction
or provisions shall not be construed as a modification of this Agreement.
Authorizations shall be dated and serially numbered.
7.3 The CONTRACTOR shall not assign, sublet or transfer any rights under or
interest in (including, but not without limitations, moneys that may become due or
moneys that are due) this agreement or subsequent Work Assignment without
the written consent of the COUNTY, except to the extent that any assignment,
subletting, or transfer is mandated by law or the effect of this limitation may be
restricted by law. Unless specifically stated to the contrary in any written consent
to any assignment, no assignment will release or discharge the assignor from
any duty or responsibility under this agreement.
Section 8. NOTICES
All notices, requests and authorizations provided for herein shall be in a signed
document and shall be hand delivered, or mailed, certified / registered / return receipt
requested, or sent by courier service with a signed receipt, to the addresses as follows:
To the COUNTY: Christine Hurley, Division Director
Monroe County Growth Management Division
2798 Overseas Highway, Suite 410
Marathon, Florida 33050
Roman Gastesi, County Administrator
1100 Simonton Street, Suite 205
Key West, Florida 33040
To the CONTRACTOR: John H. Harrison, Jr.
PO Box 501359
Marathon, Florida 33050
or addressed to either party at such other addresses as such party shall hereinafter
furnish to the other party in writing. Each such notice, request, or authorization shall be
deemed to have been duly given when so delivered, or, if mailed, when deposited in the
mails, registered, postage paid.
Section 9. RECORDS
CONTRACTOR 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 four years following the termination of this Agreement. If an auditor employed by
the COUNTY or Clerk determines that moneys paid to CONTRACTOR pursuant to this
Agreement were spent for purposes not authorized by this Agreement, the
CONTRACTOR shall repay the moneys together with interest calculated pursuant to
Sec. 55.03, FS, running from the date the monies were paid to CONTRACTOR.
Section 10. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020-
1990
The CONTRACTOR warrants that it has not employed, retained or otherwise had act on
its behalf any former County officer or employee subject to the prohibition of Section 2 of
Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of
Ordinance No. 020-1990. For breach or violation of this provision the COUNTY may, in
its discretion, terminate this agreement without liability and may also, In its discretion,
deduct from the agreement or purchase price, or otherwise recover the full amount of
any fee, commission, percentage, gift, or consideration paid to the former County officer
or employee.
Section 11. CONVICTED VENDOR
A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract with a public entity
for the construction or repair of a public building or public work, may not perform work as
a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under contract with any
public entity, and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017 of the Florida Statutes, for the Category
two for a period of 36 months from the date of being placed on the convicted vendor list.
Section 12. 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 CONTRACTOR
agree that venue shall lie in the appropriate court or before the appropriate
administrative body in Monroe County, Florida.
Section 13. SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application thereof
to any circumstance or person) shall be declared invalid or unenforceable to any extent
by a court of competent jurisdiction, the remaining terms, covenants, conditions and
provisions of this Agreement, shall not be affected thereby; and each remaining term,
covenant, condition and provision of this Agreement shall be valid and shall be
enforceable to the fullest extent permitted by law unless the enforcement of the
remaining terms, covenants, conditions and provisions of this Agreement would prevent
the accomplishment of the original intent of this Agreement. The COUNTY and
CONTRACTOR agree to reform the Agreement to replace any stricken provision with a
valid provision that comes as close as possible to the intent of the stricken provision.
Section 14. ATTORNEY'S FEES AND COSTS
The COUNTY and CONTRACTOR agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees, court costs, investigative, and out-of-pocket \expenses, as
an award against the non-prevailing party, and shall include attorney's fees, courts
costs, investigative, and out-of-pocket expenses 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. This Agreement is not subject to arbitration.
Section 15. BINDING EFFECT
i
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure
to the benefit of the COUNTY and CONTRACTOR and their respective legal
representatives, successors, and assigns.
Section 16. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and
corporate action, as required by law.
Section 17. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONTRACTOR agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives of each
of the parties. If no resolution can be agreed upon within 30 days after the first meet and
confer session, the issue or issues shall be discussed at a public meeting of the Board of
County Commissioners. If the issue or issues are still not resolved to the satisfaction of
the parties, then any party shall have the right to seek such relief or remedy as may be
provided by this Agreement or by Florida law.
Section 18. COOPERATION
In the event any administrative or legal proceeding is instituted against either party
relating to the formation, execution, performance, or breach of this Agreement, COUNTY
and CONTRACTOR agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related to the
substance of this Agreement or provision of the services under this Agreement.
COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be
required to enter into any arbitration proceedings related to this Agreement.
Section 19. NONDISCRIMINATION
COUNTY and CONTRACTOR agree that there will be no discrimination against any
person, and it is expressly understood that upon a determination by a court of competent
jurisdiction that discrimination has occurred, this Agreement automatically terminates
without any further action on the part of any party, effective the date of the court order.
COUNTY or CONTRACTOR 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: Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits
discrimination on the basis of race, color or national origin; 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; Section 504 of the Rehabilitation Act of
1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107)
which prohibits discrimination on the basis of age; The Drug Abuse Office and Treatment
Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug
abuse; 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; 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 patent records; Title VIII of the Civil Rights Act of 1968 (42 USC
s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of
housing; The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be
amended from time to time, relating to nondiscrimination on the basis of disability; Any
other nondiscrimination provisions in any Federal or state statutes which may apply to
the parties to, or the subject matter of, this Agreement.
Section 20. COVENANT OF NO INTEREST
COUNTY and CONTRACTOR covenant that neither presently has any interest, and
shall not acquire any interest, which would conflict in any manner or degree with its
performance under this Agreement, and that only interest of each is to perform and
receive benefits as recited in this Agreement.
Section 21. CODE OF ETHICS
COUNTY agrees that officers and employees of the COUNTY recognize and will be
required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation
or acceptance of gifts; doing business with one's agency; unauthorized compensation;
misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
Section 22. NO SOLICITATIOWPAYMENT
The COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither
employed nor retained any company or person, other than a bona fide employee
working solely for it, to solicit or secure this Agreement and that it has not paid or agreed
to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for it, any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this Agreement.
For the breach or violation of the provision, the CONTRACTOR agrees that the
COUNTY shall have the right to terminate this Agreement without liability and, at its
discretion, to offset from monies owed, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
Section 23. PUBLIC ACCESS
The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and
inspection of, all documents, papers, letters or other materials in its possession or under
its control subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the COUNTY and CONTRACTOR in conjunction with this Agreement; and
the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of
this provision by CONTRACTOR.
Section 24. NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
COUNTY and the CONTRACTOR 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.
Section 25. PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, and
rules and pensions and relief, disability, workers' compensation, and other benefits
which apply to the activity of officers, agents, or employees of any public agents or
employees of the COUNTY, when performing their respective functions under this
Agreement within the territorial limits of the COUNTY shall apply to the same degree and
extent to the performance of such functions and duties of such officers, agents,
volunteers, or employees outside the territorial limits of the COUNTY.
Section 26. LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to,
nor shall it be construed as, relieving any participating entity from any obligation or
responsibility imposed upon the entity by law except to the extent of actual and timely
performance thereof by any participating entity, in which case the performance may be
offered in satisfaction of the obligation or responsibility. Further, this Agreement is not
intended to, nor shall it be construed as, authorizing the delegation of the constitutional
or statutory duties of the COUNTY, except to the extent permitted by the Florida
constitution, state statute, and case law.
Section 27. 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
CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR 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.
Section 28. ATTESTATIONS
CONTRACTOR agrees to execute such documents as the COUNTY ma
y reasonably
require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-
Free Workplace Statement.
Section 29. 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.
Section 30. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same
instrument and any of the parties hereto may execute this Agreement by signing any
such counterpart.
Section 31. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and it is agreed that such section headings are not a part of this
Agreement and will not be used in the interpretation of any provision of this Agreement.
Section 32. INSURANCE POLICIES
32.1 General Insurance Requirements for Contractors and Subcontractors
As a pre-requisite of the work governed, or the goods supplied under this contract
(including the pre-staging of personnel and material), the CONTRACTOR shall obtain, at
his/her own expense, insurance as specified in any attached schedules, which are made
part of this contract. The CONTRACTOR will ensure that the insurance obtained will
extend protection to all Subcontractors engaged by the CONTRACTOR. As an
alternative, the CONTRACTOR may require all Subcontractors to obtain insurance
consistent with the attached schedules.
The CONTRACTOR will not be permitted to commence work governed by this contract
(including pre-staging of personnel and material) until satisfactory evidence of the
required insurance has been furnished to the COUNTY as specified below. Delays in
the commencement of work, resulting from the failure of the CONTRACTOR to provide
satisfactory evidence of the required insurance, shall not extend deadlines specified in
this contract and any penalties and failture to perform assessments shall be imposed as
if the work commenced on the specified date and time, except for the CONTRACTOR's
failure to provide satisfactory evidence.
The CONTRACTOR shall maintain the required insurance throughout the entire term of
this contract and any extensions specified in the attached schedules. 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 CONTRACTOR to maintain the requird insurance shall not extend
deadlines specified in this contract and any penalties and failure to perform assessments
shall be imposed as if the work had not been suspended, except for the
CONTRACTOR's failure to maintain the required insurance.
The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the
required insurance, either:
• Certificate of Insurance
or
• A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all
insurance policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non-renewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior
notification is given to the County by the insurer.
The acceptance and/or approval of the Contractor's insurance shall not be construed as
relieving the Contractor from any liability or obligation assumed under this contract or
imposed by law.
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Workers' Compensation.
b I
32.2 INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN COUNTY AND
CONTRACTOR
Prior to the commencement of work governed by this contract, the CONTRACTOR shall
obtain General Liability Insurance. Coverage shall be maintained throughout the life of
the contract and include, as a minimum:
• Premises Operations
• Bodily Injury Liability
• Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit(CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made
policy, its provisions should include coverage for claims filed on or after the effective
date of this contract. In addition, the period for which claims may be reported should
extend for a minimum of twelve (12) months following the acceptance of work by the
County.
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
32.3 VEHICLE LIABILITY INSURANCE REQUIREMENTS
Recognizing that the work governed by this contract requires the use of vehicles, the
CONTRACTOR, prior to the commencement of work, shall obtain Vehicle Liability
Insurance. Coverage shall be maintained throughout the life of the contract and include,
as a minimum, liability coverage for:
• Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$300,000 Combined Single Limit(CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
32.4 WORKERS'COMPENSATION INSURANCE REQUIREMENTS
Prior to commencement of work governed by this contract, the CONTRACTOR shall
obtain Workers' Compensation Insurance with limits sufficient to respond to the
applicable state statutes.
In addition, the CONTRACTOR shall obtain Employers' Liability Insurance with limits of
not less than:
$100,000 Bodily Injury by Accident j
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business
in the state of Florida.
If the CONTRACTOR has been approved by the Florida's Department of Labor as an
authorized self-insurer, the COUNTY shall recognize and honor the CONTRACTOR's
status. The CONTRACTOR may be required to submit a Letter of Authorization issued
by the Department of Labor and a Certificate of Insurance, providing details on the
CONTRACTOR's Excess Insurance Program.
If the CONTRACTOR participates in a self-insurance fund, a Certificate of Insurance will
be required. In addition, the CONTRACTOR may be required to submit updated
financial statements from the fund upon request from the County.
Section 33. INDEMNIFICATION
Notwithstanding any minimum insurance requirements prescribed elsewhere in this
agreement, the Contractor covenants and agrees that he shall defend, indemnity and
hold the COUNTY and the COUNTY's elected and appointed officers and employees
harmless from and against (i) any claims, actions or causes of action, (ii) 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
(iii) any costs or expenses that may be asserted against, initiated with respect to, or
sustained by, any indemnified party by reason of, or in connection with, (A) any activity
of Contractor or any of its employees, agents, contractors in any tier or other invitees
during the term of this Agreement, (B) the negligence or willful misconduct of Contractor
or any of its employees, agents, contractors in any tier or other invitees, or (C)
Contractor's default in respect of any of the obligations that it undertakes under the
terms of this Agreement, except to the extent the claims, actions, causes of action,
litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts
or negligent acts in part or omissions of the COUNTY or any of its employees, agents,
contractors or invitees (other than CONTRACTOR). Insofar as the claims, actions,
causes of action, litigation, proceedings, costs or expenses relate to events or
circumstances that occur during the term of this Agreement, this section will survive the
expiration of the term of this Agreement or any earlier termination of this Agreement.
In the event the completion of the project (including the work of others) is delayed or
suspended as a result of the Contractor's failure to purchase or maintain the required
insurance, the Contractor shall indemnify the County from any and all increased
expenses resulting from such delay.
In the event the completion of the project(including the work of others) is delayed or
suspended as a result of the Contractor's failure to purchase or maintain the required
insurance, the Contractor shall indemnify the County from any and all increased
expenses resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the
indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
Section 34. INDEPENDENT CONTRACTOR
At all times and for all purposes hereunder, the CONTRACTOR is an independent
contractor and not an employee of the Board of County Commissioners. No statement
contained in this agreement shall be construed so as to find the CONTRACTOR or any
of his/her employees, contractors, servants or agents to be employees of the Board of
County Commissioners for Monroe County. As an independent contractor the
CONTRACTOR shall provide independent, professional judgment and comply with all
federal, state, and local statutes, ordinances, rules and regulations applicable to the
services to be provided.
The CONTRACTOR shall be responsible for the completeness and accuracy of its work,
plan, supporting data, and other documents prepared or compiled under its obligation for
this project, and shall correct at its own expense all significant errors or omissions
therein which may be disclosed. The cost of the work necessary to correct those errors
attributable to the CONTRACTOR and any damage incurred by the COUNTY as a result
of additional costs caused by such errors shall be chargeable to the CONTRACTOR.
This provision shall not apply to any maps, official records, contracts, or other data that
may be provided by the COUNTY or other public or semi-public agencies.
Section 35. DELAY
The CONTRACTOR agrees that no charges or claims for damages shall be made by it
for any delays or hindrances attributable to the COUNTY during the progress of any
portion of the services specified in this contract. If possible, such delays or hindrances,
if any, shall be compensated for by the COUNTY by an extension of time for a
reasonable period for the CONTRACTOR to complete the work schedule. Such an
agreement shall be made between the parties based on funding availability.
Section 36.TERMINATION OF WORK AND EXTENSION
The work under this Contract is to be completed by May 14, 2011 or upon reaching the
grant amount of $50,000. After May 14, 2011, this Contract may be extended by mutual
consent upon the same terms for two (2) additional, future grant cycles, whether for a
greater or smaller sum, and using a different completion date, contingent upon County's
receipt of grant funds specifically for the purposes set forth herein.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
Qn.xhe �f." 9�e' day of 2011.
'a
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
�DANNY L. KOLHAGE, CLERK
OF MONROE COUNTY, FLORIDA
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By — By
D puty Clerk May /Cha n
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WITNESSED:
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Print Name
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EXHIBIT A
SCOPE OF SERVICES
REMOVAL OF INVASIVE EXOTIC PLANTS FROM
MONROE COUNTY CONSERVATION LANDS
PROJECT HISTORY
Monroe County currently owns or manages approximately 2,000 acres of conservation
lands throughout the Keys. Monroe County has received a grant from the Florida Fish &
Wildlife Conservation Commission, Invasive Plant Management Section, in the amount
of$50,000 for contract labor for the removal of invasive exotic plants on parcels selected
by the Monroe County Land Steward. Work must be completed by May 14, 2011.
PROJECT LOCATION
Lands in this project area consist of public conservation lands located throughout the
Florida Keys either owned or managed by Monroe County. Monroe County owns
approximately 2,000 acres of scattered conservation lands throughout the Florida Keys.
This project will target sites that have not already been treated in the Lower and Upper
Keys identified below (the majority of the sites are within the Lower Keys area):
Upper Keys: Key Largo; Tavernier
Lower Keys: Sugarloaf Keys; Cudjoe Key; Summerland Key; Ramrod Key;Torch
Keys; Big Pine Key
Most individual parcels are only 0.1 acres in size, but many are contiguous and combine
to form much larger management units. The majority of the sites are located in
neighborhoods, adjacent to residences and roads. Level of infestation varies by site,
ranging from sparse exotics to dense stands of Brazilian pepper.
SCOPE OF WORK
The project consists of the physical removal of all Category I and II Florida Exotic Pest
Plant Council (FLEPPC) listed species occurring on selected Monroe County
conservation lands,followed by herbicide application and chipping of all resulting
biomass (except as described below for bowstring hemp and leadtree seeds). The
contractor will manage the project including the scheduling, subcontracting as
necessary, labor, monitoring and reporting progress. The County will supply locations
and maps of project sites. The success of the project depends on the thoroughness of
invasive exotic removal.
The County conservation lands contain a wide variety of exotics ranging from grasses to
large trees. Different areas of the Keys have different species of concern but Brazilian
pepper, Australian pine, Asiatic colubrina, lead tree, seaside mahoe, non-native
scaevola and bowstring hemp are the most abundant. Most of the sites include a
mixture of native vegetation and invasive exotic vegetation. The native vegetation must
not be disturbed during the invasive exotic removal. The majority of the sites will be
located in uplands, but a few may be adjacent to wetlands (including mangroves).
Heavy equipment may not be used in wetlands and mulch may not be placed in
wetlands.
Most sites are within neighborhoods and are easily accessed from adjacent roads.
Every invasive exotic species listed by Florida EPPC will be either hand-pulled or cut
down and treated with appropriate herbicide. Exotic vegetation must be removed and
cannot be left standing (including Australian pines). A"Gyro-trac" or forestry machine
may not be used for this project. Every effort shall be made to avoid damage to native
vegetation and wildlife. The Contractor is responsible for the initial herbicide treatment
and removal of all the specified exotic species including trees, shrubs, vines,
herbaceous plants and grasses regardless of the size or reproductive state of the plant.
Each cut plant will be cut as low to the ground as possible. Cuts will be made level to
the ground to minimize herbicide runoff prior to absorption. The herbicide will be applied
using a low-pressure spray to minimize drift and non-target damage. A dye shall be
used to facilitate identification of treated stems. An appropriate herbicide shall be
applied within one (1) minute of stump preparation.
Invasive exotic plant species shall be treated with herbicide as follows:
Target Species Treatment Method
Asiatic colubrina 50%Garlon 3A applied to cut surface immediately after cut
Colubrina asiatica or 20% Garlon 4 applied to stump's cut surface and sides
Australian pine 50%Garlon 3A applied to cut surface immediately after cut
Casuarina s or 20%Garlon 4 applied to stump's cut surface and sides
Beach naupaka 50%Garlon 3A applied to cut surface immediately after cut
Scaevola sericea or 10% Garlon 4 applied to stump's cut surface and sides
Brazilian pepper 50%Garlon 3A applied to cut surface immediately after cut
(Schinus terebinthifolius) or 10-15% Garlon 4 applied to stump's cut surface and
sides
Lead tree 30%Garlon 4 applied to stump's cut surface and sides
Leucaena leucoci hala
Seaside mahoe 50%Garlon 3A applied to cut surface immediately upon
Thes esia o ulnea cutting
All mature (brown) lead tree (Leucaena leucocephala) seeds will be bagged and left on
the site for disposal by the County. Bowstring hemp (Sansevieria hyacinthoides) must
be physically removed, ensuring that the entire root has been removed. Resulting plant
material may either be bagged or neatly piled on site (adjacent to the road) for County
pick up. All other vegetative debris will be chipped in place. On sites where the mulch is
to be removed, as determined by the Monroe County Land Steward, the mulch will be
neatly piled by the road for pickup by Monroe County Solid Waste. On sites where the
mulch is to remain, the mulch must be spread neatly across the site without covering
remaining native vegetation. Logs that are too large for the chipper must be cut into 4 ft
lengths and neatly stacked by the road for pickup by Monroe County Solid Waste.
The Contractor will provide all necessary equipment to complete the project including
hand tools, chainsaws, chippers, vehicles, bucket truck, sprayers, garbage bags and
personal protective equipment. The Contractor will also provide all materials for
treatment (including herbicide and adjuvants) and ensure proper disposal of herbicide
and adjuvant containers and will strictly adhere to all herbicide label application,
precautionary, and safety statements.
The Contractor shall be paid according to the hourly rates established in the
contract for each type of employee. No compensation shall be paid for travel time
to and from the work site. The project is complete when the total cost per hour
reaches$50,000 or on May 14, 2011,whichever occurs first.
All herbicide treatments shall be at least 95%effective in preventing re-sprout of treated
plants. If 95% kill rate is not achieved for any area of the project after two (2) months
past initial project completion; one additional treatment of the exotic plants in the
problem area shall be the responsibility of the Contractor at no additional cost to the
County.
The Contractor shall at all times provide an on-site ground crew supervisor that is
certified by the Florida Department of Agricultural and Consumer Services and in good
standing with that Department, as part of the work force. Ground crew supervisors will
be responsible for: 1) coordination with the Monroe County Land Steward on a daily/
weekly basis; 2) all control activities and safety on project sites; 3) assuring that all
crews are knowledgeable of, and remain within property and treatment boundaries; 4)
assuring herbicide labels and Material Safety Data Sheets (MSDS)are on site; 5)
avoiding damage to native vegetation and wildlife; and 6) strict adherence to all
herbicide label application, precautionary, and safety statements. Ground crew
supervisors shall be certified by the Florida Department of Agriculture and Consumer
Services in the Natural Areas, Forestry, Right-of-Way or Aquatics category. The County
reserves the right to disqualify prospective bidders who have violations of the Rules of
Chapter 62C-20, F.A.C., or other state or federal laws or regulations related to pesticide
use or aquatic plant control resolved by mediation, Consent Order, or fine within the two
(2) previous years.
Crew supervisors must meet with County staff on a regular basis to discuss the progress
of the project and to determine priority areas for treatment. The contractor shall
complete"Daily Progress Reports for Invasive Plant Control"and submit the completed
forms to the County every two weeks. The Monroe County Land Steward will submit
permit applications for the proposed exotic removals, however the Contractor is required
to pick up the permit from the Monroe County Building Department and keep the permit
with the crew while working on-site.
The Contractor must hold a valid Monroe County occupational license and a
Monroe County Certificate of Competency for landscaping.
Additional plant treatment or removal and nonplant debris removal may be added to the
project by mutual agreement as field conditions warrant and funds permit. Such
agreements for additional work shall be made in writing and agreed to by signature of
both parties.
According to the County's grant agreement with Florida Fish &Wildlife Conservation
Commission, contractors working on invasive exotic removal projects must adhere to the
following protocol:
• Mandatory decontamination protocols must be followed for vehicles and equipment
prior to entering Monroe County from areas outside of the County.
• When moving equipment from site to site within Monroe County, decontamination
requirements will be at the discretion of the County and will be dependent upon the
exotic species that were treated at the previous site and on the nature of the
treatment sites.
• If decontamination is required by the County then the contractor must utilize a
designated decontamination site within Monroe County. The County shall supply the
contractor with a list of designated decontamination sites if necessary.
Decontamination protocols:
• All equipment including but not limited to vehicles, trailer, ATV's, and chippers must
be cleaned with a pressure washer(at a County approved facility). Decontamination
protocols include spraying down all equipment surfaces including the undercarriage
and tires to insure that mud, vegetative debris and other debris is not transported
from the previous treatment site. Special attention will be paid to equipment that has
worked at sites where Lygodium, Cogon grass and other exotics specific to the
mainland were treated to prevent the spread of these species into Monroe County.
• Equipment such as chain saws, loppers, etc. used for cut stump treatment must be
wiped down and cleaned so that they are free of debris.
Prior to the commencement of an invasive species removal project,the contractor and
the County Land Steward shall discuss the necessity for a decontamination plan. If the
County requires a plan, then the Contractor shall submit a brief decontamination plan in
writing, to the County for approval. The decontamination plan shall identity specific
decontamination procedures and decontamination sites. Decontamination protocols may
vary depending upon the nature of the treatment site, type of treatment conducted at the
site, and the exotic species that were treated.
Failure to comply with decontamination protocols constitutes reason for contract
cancellation and dismissal of the contractor.
While notice to proceed will be issued as soon as possible after the contract is final, the
project timeframe may be adjusted depending on seasonal conditions. All work must be
completed by May 14, 2011.
RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
-Lm�ap" �, . • ' "
(Company)
"...warrents that he/it has not employed, retained or otherwise had act on his/her behalf any former
County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County
officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of
this provision the County may, in its discretion, terminate this Agreement without liability and may
also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full
amount of any fee, commission, percentage, gift, or consideration paid to the former County officer
or employee."
f
Date:
STATE OF:
COUNTY OF:Subscribed and and sworn to (or affirmed) before me on _ I - I — I/ (date) by
7,L' Svc-- (name of affiant). He/She i personally known t
me or has produced (type of
identification) as identification.
140TARY00B
neeEccA L ucer
My Commission Expire p Notary Public.State of Florida
iselei DD918410
My comm.expires Aug.19,2013
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RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands
NON-COLLUSION AFFIDAVIT
I, Jiay) NAc-rr i S b r N of the city of NA fQA(ir), according to law on my
oath, and under penalty of perjury, depose and say that
1. 1 am ny ri In of the firm of
�- the bidder making the
Pro osal for the project de crib in the Request for Proposals for
K�F�-L-t M D-33y 31-?0J0_PUK�CV and that I executed the said
proposal with full authority to do so;
2. 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;
3. 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
4. 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;
5. 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.
re
Signatur
Date:
STATE OF: Fl VA
COUNTY OF: �a�-.(',►-�
Subscribed and sworn to (or affirmed) before me on - - (date) by
(name of affiant). He/She is(' ers:on:aII:y:kn:own: t
me or has produced (type of
identification) as identification.
c
NOTAR --�
REBECCA L.LACf?Y
My Commission Expire :�~� Notary Publlc,S D0918410 a
My oomm.expires Aug.19,2013
-31 -
RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands
DRUG-FREE WORKPLACE FORM
The unde signed vendor in accordance with Florida Statute 287.087 hereby certifies that:
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be impaosed upon employees
for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or plea
of guilty or polo contenderre to, any violation of Chapter 893 (Florida Statutes) or of any
controlled substance law of the United States or any state, for a violation occurring in the
workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community , or any employee
who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
Qrcy
Date:
STATE OF: ` `
COUNTY OF: / V t (nn fir--
Subscribed and sworn to (or affirmed) before me on (date) by
_ E
(name of affiant). a/She is personally*kn n to
me or has produced (type of
identification) as identification.
OTAR UBLIC
My Commission Expires: + REBECCAL.LACEY
Nuiaty Public,State of Florida
Commission#D0918410
My comm.expires Aug.19,2013
-32-
RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real property to public entity, may
not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a
contract with any public entity, and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months fro
the date of being placed on the convicted vendor list."
I have read the above and state that neitherCd Wq Landservio6espondent's name) nor
any Affiliate has been placed on the convicted vendor list within the last 36 months.
r�5
(Signet
Date:
STATE OF:
COUNTY OF: rrn,•,r&4—
Subscribed and sworn to (or affirmed) before me on - l — tO (date) by
.Jn 4r._ r r (name of affiant). He/Sh tpe
onally kn wn t
me or has produced of
identification) as identification.
i
NOTARY Pt LIC
My Commission Expires:
f
REBECCA L.LACEY
Notary Public,State of Florida
CommissionO DD918410
My comm,expires Aug.19,2013
-33-
4
RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands
LOCAL PREFERENCE FORM
A.Vendors claiming a local preference according to Ordinance 023-2009 must complete this form. Failure to complete
this form will result in disqualification from receiving local vendor preference.
Name of Bidder/Responder Lbf"Um L6h Date: ' d
1.Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least one
year prior to the notice or request for bid or proposal? yZ� $ (Please furnish copy.)
2.Does the vendor have a physical business address located within Monroe County from which the vendor operates or
performs business on a day to day basis that is a substantial component of the goods or services being offered to Monroe
County? 4es
List Address: 702 00 011 t rfa l MCOCA Y1 1 33060
Telephone Number: 3 0 S "I WA —, Q(A
B.Does the vendor/prime contractor intend to subcontract 50%or m�oja of the goods,services or construction to local
businesses meeting the criteria above as to licensing and location? 4V 0
If yes,please provide:
1.Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one
year prior to the notice or request for bid or proposal.
2.Subcontractor Address within Monroe County from which the subcontractor operates:
Tel.Number
Print Name•.JL7 y\
S �turan the of Authorized Signatory for
nder
STATE OF 0 0�
COUNTY OF
On this �_ day of dV 2010 before me, the undersigned notary public, personally appeared
Hurr:s�ti-- , known to me to be the person whose name is subscribed above or who produced
brow r ke vv--a-- as identification,and acknowledged that he/she is the person who executed the above Local
Preference Form for the purposes therein contained.
Notar blic
Print Name
REBECCA L.LACEY
My commission expires: L �C c�l} Notary misslPubil r��S��!!�of Florida
Commlealo�L'D?18410
My comm.mores Aug.19,2013
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