03/21/2007 Contract
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
April 2, 2007
TO:
Andrew Trivette, Acting Director
Growth Management Division
ATTN:
FROM:
Mayra Tezanos
Executive Assistant
Pamela G. Han~
Deputy Clerk
At the March 21, 2007, Board of County Commissioner's meeting the Board granted
approval and authorized execution of Contract for Professional Services to manage removal of
invasive exotic plant species on the Florida Keys Overseas Heritage Trail and Florida Scenic
Highway Right-of-Way between Monroe County and Aquatic Vegetation Control, Inc., the
recommended contractor by the Selection Committee.
Enclosed are two duplicate originals of the above-mentioned for your handling. Should
you have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance
File
MONROE COUNTY
CONTRACT FOR
PROFESSIONAL SERVICES TO MANAGE REMOVAL OF INVASIVE EXOTIC PLANT
SPECIES ON THE FLORIDA KEYS OVERSEAS HERITAGE TRAIL AND FLORIDA
KEYS SCENIC HIGHWAY RIGHT-OF-WAY
THIS CONTRACT is made and entered into this,)/';ay of ~ ,by
MONROE COUNTY ("COUNTY"), a political subdivision of the State of Florida, whose
address is the Marathon Government Center, 2798 Overseas Highway, Marathon,
Florida, 33050, and Aquatic Vegetation Control, Inc. ("CONTRACTOR"), whose address
is 2051 Martin Luther King Boulevard, Suite 301, Riviera Beach, Florida 33404.
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 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 for each individual work order
request shall be commenced upon written notice from the COUNTY, contingent upon the
CONTRACTOR securing a Monroe County Landscape Contractor's License. The work
shall be completed by June 1, 2007, unless the time 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 $144,000.00. The COUNTY agrees to pay the CONTRACTOR
according to the percentages of completion of the work within the Scope of
Service based on progress reports and other documentation to show the hours
expended by each of the CONTRACTOR'S staff. There will be a 10% retainage
by COUNTY until the project is complete. The parties understand that the project
is grant funded. Pursuant to the terms of the grant, because the work must be
completed by June 1, 2007, 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 (there are to be no reimbursable expense items),
used in calculating the compensation due are:
Position Rate lin Dollarsl
Certified Crew Suoervisor $79.45
Trained Crew Member $28.00
4.3 Payment shall be only for Contractor's hours while directly engaged in the scope
of work on site and does not include travel or commuting time to and from the
worksite.
Section 5. 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
monthly 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 party 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. In addition, the
CONTRACTOR shall meet with the COUNTY to discuss project logistics prior to
commencement of any field work.
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 delivered or mailed to the addresses as follows:
To the COUNTY:
Monroe County Board of County Commissioners
c/o Monroe County Growth Management Division
2798 Overseas Highway, Suite 410
Marathon, Florida 33050
Attention: Division Director
To the CONTRACTOR:
Aquatic Vegetation Control, Inc.
2051 Martin Luther King Boulevard, Suite 301
Riviera Beach, Florida 33404
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 moneys 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.
Section 15. BINDING EFFECT
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. This Agreement is not subjection to
arbitration.
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 SOLICITATION/PAYMENT
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 controi 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. 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. 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 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.
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.
Section 27. NON.RELlANCE 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 may 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 HEADIGNS
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 Other 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
notlflcallon 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 wiil be
included as "Additional Insured" on ail policies, except for Workers' Compensation.
32.2 INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN COUNTY AND
CONTRACTOR
Prior to the commencement of work governed by this contract, the CONTRACTOR shail
obtain General Liability Insurance. Coverage shail 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 shail be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shail 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 foilowing the acceptance of work by the
County.
The Monroe County Board of County Commissioners shail be named as Additional
Insured on ail 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, shail obtain Vehicle Liability
Insurance. Coverage shail 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 shail 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
$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
The CONTRACTOR does hereby consent and agree to indemnify and hold harmless the
COUNTY, its Mayor, the Board of County Commissioners, appointed Boards and
Commissions, Officers, and the Employees, and any other agents, individually and
collectively, from all fines, suits, claims, demands, actions, costs, obligations, attorneys
fees, or liability of any kind arising out of the sole negligent actions of the
CONTRACTOR or substantial and unnecessary delay caused by the willful
nonperformance of the CONTRACTOR and shall be solely responsible and answerable
for any and all accidents or injuries to persons or property arising out of its performance
of this contract. The amount and type of insurance coverage requirements set forth
hereunder shall in no way be construed as limiting the scope of indemnity set forth in this
paragraph. Further the CONTRACTOR agrees to defend and pay all legal costs
attendant to acts attributable to the sole negligent act of the 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.
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EXHIBIT A
SCOPE OF SERVICES
PROFESSIONAL SERVICES TO MANAGE REMOVAL OF INVASIVE EXOTIC PLANT
SPECIES ON THE FLORIDA KEYS OVERSEAS HERITAGE TRAIL AND FLORIDA
KEYS SCENIC HIGHWAY RIGHT-OF-WAY
PROJECT HISTORY
The Florida Keys Scenic Highway is a 106.5-mile corridor connecting the various island
communities that make up the Florida Keys. Many public and private conservation
landowners in the Florida Keys have been successful in removing invasive exotic
species from their land. This project expands work done throughout the Keys along the
Scenic Highway right-of-way. Following completion of the invasive exotic plant removal
on the right-of-way, the Scenic Highway Advisory Group will be working with private
landowners along the right-of-way to reduce seed sources on private lands.
A Corridor Advisory Group was established in 1996 as a sub-committee of Clean Florida
Keys, Inc. a local non-profit organization. This group provided the forum for public and
governmental participation and offered guidance in developing the corridor vision and
management plan that resulted in State Scenic Highway designation in June 2001.
Since designation, corridor management has been the responsibility of the State Scenic
Highway Advisory Group, 25 members representing public and private entities and
stakeholders along the island chain. The participation is diverse and includes: the
municipalities along the route-the City of Key West, the City of Marathon, the City of
Key Colony Beach, the City of Layton, and Islamorada, Village of Islands; Monroe
County; Florida Department of Transportation; Florida Department of Environmental
Protection; Florida Keys Council on the Arts; Monroe County Tourist Development
Council; Monroe County Historic Preservation Society; Clean Florida Keys, Inc. and
representatives from the five Chambers of Commerce.
PROJECT LOCATION
The project is located entirely within the bounds of the Florida Department of
Transportation's (FOOT) US Highway 1 right-of-way (ROW) and associated properties
(i.e. bridge abutments and other FOOT-owned properties). The section of ROW covered
by this project runs from the western end of Stock Island at MM 4 to MM 106.5 on Key
Largo. The property is owned by the State of Florida and is managed by the FOOT.
Monroe County will provide a list of priority locations, which shall be treated first.
SCOPE OF WORK
The project consists of pulling or cutting all Florida Exotic Pest Plant Council (FLEPPC)-
listed woody species occurring within the ROWand associated properties, followed by
herbicide application, and chipping and disposal of all resulting biomass. The contractor
will manage the project including the scheduling, subcontracting as necessary, labor,
monitoring and reporting progress. The success of the project depends on the
thoroughness of invasive exotic removal.
Typically, the ROW includes mowed and unmowed vegetation, ranging from grasses to
large trees, on either side of the highway. Bridge abutments vary in their dimensions but
are all part of the project. Every stretch of ROW has different species of concern but
Brazilian pepper, Australian pine, Asiatic colubrina, lead tree, seaside mahoe and non-
native scaevola are the most abundant.
Every exotic species woody listed by Florida EPPC will be either hand-pulled or cut
down and treated with appropriate herbicide as determined by the Monroe County Land
Steward. Every effort shall be made to avoid damage to native vegetation or wildlife.
The contractor is responsible for the initial treatment and removal of all the specified
exotic species including trees, shrubs, and woody vines regardless of the size or
reproductive state of the plant.
Each cut plant will be cut as low to the ground as possible. A dye shall be used to
facilitate identification of treated stems. 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. An appropriate herbicide will
be applied within one (1) minute of stump preparation.
All mature lead tree (Leucaena leucocephala) seeds will be bagged and disposed of at
the nearest transfer station. Transfer station receipts will be provided with reports as
proof of compliance with this requirement. All other vegetation debris will be chipped in
place.
The contractor will provide all necessary equipment to complete the project including
hand tools, chainsaws, chippers, vehicles, sprayers and personal protective equipment.
The contractor also will 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.
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 will be the responsibility of the contractor.
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.
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 June 1, 2007.
Workers must be supervised by an on-site crew supervisor at all times. Crew
supervisors must be herbicide applicators, certified by the Florida Department of
Agricultural and Consumer Services in the Forestry, Right-of-Way, or Aquatics category,
and in good standing with that Department. The County reserves the right to disqualify
prospective bidders who have violations of the Rules of Chapter 62C-20, FAC., 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.
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
"Aquatic Vegetation Control warrents that helit 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."
--J'~ C;ZOL
(Signature)
~
STATE OF:
COUNTY OF: tiI!..h
Date.
2-21-01
by -/ odd \. T OfC)()rJ
(name of affiant)
eJ/rJ- '7/01
(dafi)
~he is personally known to
Subscribed and sworn to (or affirmed) before me on
me or has produced
as identification.
(type of identification)
OJ . I:i!IIw
f;)}fj(J(J
o ARY PU~
My Commission Expires:, ~~ VO
NON-COLLUSION AFFIDAVIT
I, Todd J. Olson, of the city of Riviera Beach, according to law on my oath, and under penalty of
perjury, depose and say that
1. I am the Executive Vice President of the firm of Aquatic Vegetation Control, the bidder
making the Proposal for the project described in the Request for Proposals for RFP-
GMD-30-335-2077PUR/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.
-r o-Jj ~ oL
(Signa re)
Date: z . 2. I 'C>"'
~
STATE OF:
COUNTY OF: VI),
~/t1-1/o7
(date)
(~he is personally known to
Subscribed and sworn to (or affirmed) before me on
by 7Od..d J Ols()n
(name of affiant)
me or has produced
as identification.
.'
-, NIIl. ..."....
. . C .. .........
c.... IJlII . ClllIllOG'
.............. ...
(type of identification)
/!J1)u~ ~ PUBLIC
My Commission Expires. , ~ YM J 0
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that
Aquatic Vegetation Control:
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 nolo 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.
~'
STATE OF:
COUNTY OF, ~fJ
(~~7r;L
Date: 2 -2 '7 ro'7
by 7iii:f J Ol:iJn
(name of affiant)
d/J'7101
, .
(date)
Subscribed and sworn to (or affirmed) before me on
~She is personally known to
me or has produced "
s identification.
.HIliIrl'ulllc'~1'bldt
. . (' . .1....
t " .'DD:
.......
My Commission Expires:
o
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 neither AGvnTt< vfb~7o"T(.~ (n""""l"o\.-1R~spondenI'S name)
nor any Affiliate has been placed on the convicted vendor list within the last 36 months.
=--r::u C;ZoL
(Signature)
Date: 2 -2. 7 -61
~
STATE OF:
COUNTY OF:
#a-?~2
Subscribed and sworn to (or affirmed) before me on
/cdd J ()!ff7
(name of affiant)
.~he is personally known to
by
-
me or has produced
as identification.
(type of identification)
!lPiCl.~
NARY P-UBLlC
My Commission Expires: ~~1~/.80 10
Thiscemfieateisexccuted Li Mutuallnsunnc:eGro as bsuchinsunrw:easisltTordedb lhosecom .es. BM0068
CertlOcate or Insurance
This ecrtif\CI.tc is issued as a maaer ofinformation only IftCl confm no riJhts upon you the certifICate holder. Thiseertiflcate is not III insurance policy and does nol amend, extend. or aherthe coverage
affOfded the lieieJ listed below.
This Is to certify that (Name and address orInsured)
~ Libertx
~ Mutucil..
AQUATIC VEGETATION CONTROL, INC.
2051 MARTIN LUTHER KING
RIVIERA BEACH, FL 33404-5917
IS, at the Issue date of this certdicate, insured by the Company under the pohcy(les) hsted below. The InslllarK:e afforded by the lasted pohcy(ies) is subJcd to all their terms, exclusions and conditions and
is noc allCTed bv anv ......uimnenr term 01' condition ofanv contraCt or other docwnent with -10 which this certificale mav be issued.
Exniration Tvne EITJExn. Oat"'\ Policy Numb;""
Continuous. 04/0112006/0410112007 WC2-ISI.27S208-096
$4.000,000 Gen Agg. Limit
$4,000.000 ProdUC3 Completed Ops.
Umbrella Excess $4 000 000 Bodilv InhD'V:Pron Dam.
General Liability Deductible: $10,000 Combined BIIPDlALAE Per Occurrence. - RE: THE CERTIFlCA TE HOLDER IS LISTED AS ADDITIONAL INSURED WITH
RESPECT TO GENERAL LIABILITY COVERAGE (LG 3220).
f-
'x
Extended
Policy Tenn
Workers Compensation
04/0112006/04/0112007
TB2.151.275208.116
General Liability
I I Claims Made
fXl Occurrence
Retro Date
04/0112006/04/0112007
AS2.ISI.275208-106
Automobile Liability
..!. Owned
~ Non-Owned
X Hired
. 04/0112006/04/0112007
TH2.o51-275208-136
Limits of Liabilitv
Coverage afforded underWC law of Employers Liability
the Collowingstlltes:
FL
Bodily Injury By Accident
$500,000 Each Accident
Bodily Injury By Disease
$500,000 Policy Limit
Bodily Injury By Disease
$500,000 Each Person
General Aggregate-Other than Prod/Completed Operations
$2,000,000
Products/Completed Operations Aggregate
$2,000 000
Bodily Injury and Property Damage Liability
$1 000,000
Personal and Advertising Injury
$1,000,000
Other Liability I Other Liability
$100,000 Prem Rtd to you $5,000 Med Pav
Each Accident - Single Limit - B. l. and P. D. Combined
$ 1,000,000
Each Person
Per
Occurrence
Per Person /
Orp:anization
Each Accident or Occurrence
Each Accident or Occurrence
C
o
M
M
E
N
T
S
'If the ceniticate expiration date is continuous or extended term, you will be notified ifcovcrage is terminated or reduced before the certifieate expiration date. However. you will nol be notified annually of
the continuation ofeovmge.
Special Notiee _ Ohio: Any person who, with intent 10 defraud Of knowing thai he I she is facilitating I fraud agaitut an insurer, submits an applicalion or tiles a claim eontaining a false or
deceptive statement is pilty of insurance fraud.
Importanl Wormation 10 Florida policyboldcn IIId certificate holders: in lhe event you hive any questions or nced information aboutlhis certificate for lilY reason. please eontact your local sales producer.
whose name and telephone number appclll'S in lhe lower left comer of this certificate. The appropriate local sales office mailing Iddreu may also be obtained by caBing this nwnber.
Noace ofelllceUation: (not applicable unless a number ofdars is entered below) Before the Slated expIration date the company Will not cancel or reduce the insurance alfordJundcr the above
policies untd at least 30 days notiee of such eancellationlw been mailcd 10 /~ p..c.~
Office: FT. LAUDERDALE, FL.cOMMERCIAL MKTS Phune: 954-851-1050 .~~
KEVIN GUER~
Certificate Holder:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
1100 SIMONTON STREET
KEY WEST, FL 33040
'1i\..~
'3/.5/07
i-
-
Authorized Renresentative
OateIssued: 02/27/2007 PreparedBy: LW