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Item I07M C ounty of f Monroe ELj » °o � BOARD OF COUNTY COMMISSIONERS /� r i � �� Mayor George Neugent, District 2 The Florida. Ke Se y I Mayor Pro Tern David Rice, District 4 Danny L. Kolhage, District I Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting July 19, 2017 Agenda Item Number: I.7 Agenda Item Summary #3125 BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Beth Bergh (305) 289 -2511 NA AGENDA ITEM WORDING: Approval to advertise a Request for Proposals (RFP) for the removal of invasive exotic plants (initial treatment) from conservation lands that are owned or managed by Monroe County ITEM BACKGROUND: Monroe County has been awarded funding for invasive exotic plant removal from FFWCC. The funds will be used to hire a contractor to perform exotic plant removal (initial treatment) on conservation lands that are owned or managed by the County. The total project cost is $85,000 ($70,000 from FFWCC and $15,000 from the Monroe County Environmental Land Management and Restoration Fund). In accordance with Ordinance 023 -2009, the RFP includes 2 points for local business preference. Minor changes to the attached draft RFP may be made by staff prior to advertisement. Approval of this item is contingent upon the Board's approval of agenda item "Approval of a Task Assignment (FK -146) with the Florida Fish and Wildlife Conservation Commission (FWCC) to receive $70, 000 which will allow the County to hire a contractor to remove invasive exotic plants from conservation lands that are owned or managed by Monroe County ". PREVIOUS RELEVANT BOCC ACTION: The Board has approved annual task assignments to receive FWCC funding since 2005. CONTRACT /AGREEMENT CHANGES: NA STAFF RECOMMENDATION: Approval DOCUMENTATION: 2017 Draft RFP for Exotic Removal - Initial FINANCIAL IMPACT: Effective Date: To be determined Expiration Date: Total Dollar Value of Contract: $85,000 Total Cost to County: $15,000 Current Year Portion: $0 Budgeted: Yes Source of Funds: Fund 160 — Monroe Co Env Land Management and Restoration Fund CPI: NA Indirect Costs: NA Estimated Ongoing Costs Not Included in above dollar amounts: NA Revenue Producing: No If yes, amount: Grant: $70,000 County Match: $15,000 Insurance Required: RFP includes insurance requirements for selected contractor Additional Details: 07/19/17 NEW COST CENTER ADDED $70,000.00 New grant 07/19/17 160 -52002 - ENVIRONMENTAL RESTORATIO $15,000.00 Total: $85,000.00 REVIEWED BY: Charles Pattison Completed 06/22/2017 4:31 PM Mayte Santamaria Completed 06/23/2017 10:15 AM Christine Hurley Completed 06/25/2017 5:13 PM Steve Williams Completed 06/26/2017 2:20 PM Jaclyn Carnago Completed 06/27/2017 8:39 AM Budget and Finance Completed 06/27/2017 8:41 AM Maria Slavik Completed 06/27/2017 10:03 AM Kathy Peters Completed 06/28/2017 11:34 AM Board of County Commissioners Pending 07/19/2017 9:00 AM MONROE COUNTY REQUEST FOR PROPOSALS FOR Removal of Invasive Exotic Plants from Monroe County Conservation Lands — Initial Treatment BOARD OF COUNTY COMMISSIONERS Mayor, George Neugent, District 2 Mayor Pro Tem, David Rice, District 4 Heather Carruthers, District 3 Danny Kolhage, District 1 Sylvia J. Murphy, District 5 COUNTY ADMINISTRATOR Roman Gastesi CLERK OF THE CIRCUIT COURT Department of Planning & Env Resources Kevin Madok Mayte Santamaria July 2017 PREPARED BY: Beth Bergh, Monroe County Land Steward RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands — Initial Treatment NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS NOTICE IS HEREBY GIVEN that on xxxxx at 3:00 P.M. the Monroe County Purchasing Office will receive and open sealed responses for the following: REMOVAL OF INVASIVE EXOTIC PLANTS FROM MONROE COUNTY CONSERVATION LANDS — INITIAL TREATMENT MONROE COUNTY, FLORIDA Requirements for submission and the se DemandStar by Onvia at www.demandsta or call toll -free at 1- 800 - 711 -1712. The P County Purchasing Office located at The Room 2 -213, Key West, Florida. All R submitted to the Monroe Countv Purchasing Pu Ci Ki Rf i criteria may be requested from OR www.monroecountybids.com Record is available at the Monroe Building, 1100 Simonton Street, ,es must be sealed and must be Office. -2- RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands — Initial Treatment TABLE OF CONTENTS NOTICE OF REQUEST FOR PROPOSALS SECTION ONE - Instruction to Respondents SECTION TWO - SECTION THREE - SECTION FOUR - Draft Agreement Insurance Requirements -3- RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands — Initial Treatment SECTION ONE: INSTRUCTION TO RESPONDENTS 1.01 DESCRIPTION REMOVAL OF INVASIVE EXOTIC PLANTS FROM MONROE COUNTY CONSERVATION LANDS — INITIAL TREATMENT Interested firms are requested to indicate their interest by submitting a total of four (4), two (2) signed originals and two (2) complete copies of their proposal in a sealed package marked on the outside, "Proposal — Removal of Invasive Exotic Plants from Monroe County Conservation Lands — Initial Treatment ", addressed to Monroe County Purchasing Department, 1100 Simonton Street, Room 2 -213, Key West, FL 33040, on or before 3:00 P.M. local time on xxxxx. No proposals will be accepted after 3:00 P.M. Faxed or e- mailed Proposals will be automatically rejected. Proposers should be aware that certain "express mail" services will not guarantee specific time delivery to Key West, Florida. It is the sole responsibility of each Proposer to ensure its proposal is received in a timely fashion. All submissions must remain valid for a period of c deadline for submission stated above. The Board_wi affiliate who appears on the convicted vendor list prel Florida, under Sec. 287.133(3)(d), Florida Statute (201 documents and work papers and other forms of deliver by the County. Technical questions are to be directed, in 2798 Overseas Highway, Suite 410, Marat emailed to ber h- beth(a�monroecount_ -fl. email has been received. The Board reserves the right to reject proposals and to re- advertise for,propo any item or items of a proposal and to a A bid bond is not required. Payn liquidated damages. There is no pre Interested firms will be evaluated an( Steward, the Executive, Director of t Specialist for the Monrc Resources (or their desi� Commissioners for final hundred twenty '(120) days from the date of the automatically reject the response of any person or ed by the Department of General Services, State of Monroe County declares that all or portions of the les pursuant to this request shall be subject to reuse riting or faxed, to Beth Bergh, Monroe County Land Steward, n, FL 33050, or fax to (305) 289 -2854. Questions may also be however, it is the responsibility of the sender to verify that the or all proposals, to waive informalities or irregularities in the The Board also reserves the right to separately accept or reject and /or negotiate _a contract in the best interest of the County. and performance bonds are not required. There are no selected'' by a committee composed of the Monroe County Land ie Monroe County Land Authority, the Sr. Property Acquisition Authority, and a representative from Monroe County Environmental action and recommendation will be presented to the Board of County OBJECTIVE OF THE REQUEST FOR PROPOSALS The Planning and Environmental Resources Department of Monroe County, Florida invites proposals to remove Florida Exotic Pest Plant Council - listed species (Category I and II; see FLEPPC.org or contact Monroe County Land Steward for a list) from Monroe County owned or managed conservation lands. The project goal is the eradication of invasive exotic vegetation from selected publicly owned conservation lands in Monroe County. PROJECT HISTORY Monroe County currently owns or manages approximately 2,000 acres of conservation lands throughout the Keys. Monroe County has received funding from the Florida Fish & Wildlife Conservation Commission, Invasive Plant Management Section, in the amount of $70,000 for contract labor for the removal of invasive exotic plants on parcels selected by the Monroe County Land Steward. In addition, the County is providing a -4- RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands — Initial Treatment local match of $15,000, bringing the total funding available for the project to $85,000. Work must be completed by May 18, 2018. 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 yet been treated on Big Pine Key (initial treatment). Most individual parcels are only 0.1 acres in size, but many are contiguous and combine to form larger units The majority of the sites are located in neighborhoods, adjacent to residences and roads. Work in neighborhoods will require special considerations for safety, noise, and appearance of property. Level of infestation varies by site, ranging from sparse exotics to dense stands of Brazilian pepper or large Australian Pines. There are no plans or maps for the project area. The aerial maps of the work sites. given a list of parcels and The following is a partial list of representative on their own time if they choose to do so (not • Block 19, Lots 5 -8, Sands Subdivision Big Pine K east of Father Tony Way. RE # 00302220- 000000 • Block 28, Lots 5 & 6, Sands Subdivision, Big Pine of Sands Rd, located between private residences at and 00303570- 000000. If needed, parcel maps may be viewed by accessing www.mc afl.org From the left banner on the main using the Real Estate (RE) numbers listed above. SCOPE O locations that a potential respondent may inspect ;y (mm 31 bayside); vacant lots located on Ave B, thru 00302250- 000000; Key (mm 3 J, bayside); vacant lots on Ave E, east 31037 and 31069 Ave E. RE 4 00303560- 000000 .ounty Property Appraiser's website at "GIS maps ". The properties can be located 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, cactus species, 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 the invasive exotic removal. Work must be performed during normal work hours (between 8 am and 5 pm), Monday through Friday. No work may occur on weekends or on holidays observed by Monroe County. 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. Contractor must be experienced in working close to houses and other structures. 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 similar forestry machine may not be used for this project. Work may requir a -5- RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands — Initial Treatment bucket truck. 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. 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 (any modifications or substitutions must be pre- approved by the County's Land Steward): Tar et Species Treatment Method Asiatic colubrma 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) 20% Garlon 4 applied to stump's cut surface and sides Lead tree 30% Garlon 4 applied to stump's cut surface and sides (Leucaena leucocephala) 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. Cactus species must be physically removed. 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. In summary, 'vegetative debris resulting from the exotic removal work will be disposed of in one of the following ways (as determined by the County Land Steward): 1. Chipped by the contractor and spread evenly across the site; or 2. Chipped and removed from the site by the Contractor, at no expense to the County for the removal (if the Contractor wants the mulch for their own purposes); or 3. Chipped and piled on the site by the contractor and removed from the site by the County (if Land Steward determines that on -site disposal is not an option); or 4. Sections of tree trunk that are too large for the chipper may be cut into four foot lengths and piled on site by the Contractor for eventual disposal by the County. The Contractor will not be required to transport or pay for the disposal of any vegetative waste created by the project, unless they keep the mulch for their own purposes. 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 on -site employee. No compensation shall be paid for travel time to and from the work site. There are no reimbursable expenses. The project is complete when the total cost per hour reaches $85,000 or on May 18, 2018, whichever occurs first. -6- RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands — Initial Treatment 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 appropriate 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 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 obtain a permit for the proposed exotic removal work, however the Contractor is required to keep the permit with the crew while working on -site. The contractor must hold a valid Monroe County business tax receipt and a Monroe County Certificate of Competency for a Landscaping Specialty Contractor. A general contractor may apply if he holds a landscaping specialty contractor certificate of competency in Monroe County or employs a Landscaping Specialty Contractor licensed in Monroe County. The business tax receipt is required for both. Due to the amount of time required to obtain a Certificate of Competency, respondents must submit any required licensing applications to Monroe County prior to bid submission and indicate the status of the application(s) in their bid package. It is not necessary, to have already obtained the certificate prior to bid submission. 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 formal 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 -7- Packet Pg. 1893 RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands — Initial Treatment 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 may be adjusted depending on seasonal conditions. All w Requirement to Use E- Verify. The Contractor must:' E -Verify system to verify the employment eligibility t term of the Contract; and, (2) include in all subcontrac subcontractors performing work or providing services verify the employement eligibility of all new employe subcontract. CONTRACTOR SELECTION AND EV. Interested firms will be evaluat composed of the Monroe Coun Authority, the Senior Land A representative from Monroe Cot evaluate responses_ based on the ft 2. and subcontracted staff. (10 pt 3. Ability to start immediately considering size of crew; a 4. Cost per man hour (15 pts) 5. Familiarity with general pr 6. Project approach reflects cl 7. Local business preference':' business address within Mc a on contract is final, the project timeframe st be completed by May 18, 2018. tilize the US Department of Homeland Security's new employees hired by the Contractor during the der this Contract, the requirement that want to this Contract utilize the 'E -verify system to red'bv the subcontractor durine'the term of the ing by a selection committee of the Monroe County Land the Monroe County Land Authority, and a rces (or their designees). The committee will live exotic removal projects. (15 pts) the assigned staff and any anticipated otice'to proceed and ability to complete project by May 18 — equipment; etc. (10 pts) ct''area and Florida Keys invasive exotic and native plant species. (5 pts) understanding of project needs and necessary activities. (5 pts) spondent has a Monroe County business tax receipt and a physical oe County (see Local Preference Form). (2 pts) The selection and recommendation will be presented to the Board of County Commissioners for final decision. If no contract can be negotiated with the first ranked proposer, the Board reserves the right to negotiate with the next selected proposer. Monroe County reserves the right to reject any and all submittals, waive any irregularities, re -issue all or part of the RFP, and not award any contract, all at its discretion and without penalty. Format. The response, at a minimum, shall include the following: A. COVER PAGE A cover page that reads "Proposal for Removal of Invasive Exotic Plants from Monroe County Conservation Lands — Initial Treatment ". The cover page should contain Respondent's name, RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands — Initial Treatment address, email address, telephone number, and the name of the Respondent's contact person, include a phone number for contact person if different from Respondent's. B. TABBED SECTIONS TAB 1. General Information. a. Record of performance and professional accomplishments including: a description of similar work completed by the firm, any outstanding accomplishments of the firm, and any outstanding accomplishments of the firm that relate directly to this type of work (provide a reference for each work cited). b. Technical, educational and training experience of the assigned staff. Include the proposed function(s) of subcontractors. c. Copies of crew supervisors' State license for herbicide d. A list of equipment / tools that are available to be used on the and any anticipated subcontracted e. Project Approach. Provide a description including a statement that reflects a clear understanding of project needs based on the description above and a work plan that details the approach. f Specify the minimum /maximum number of workers that will be deployed as a work crew, and the man-hour cost associated with each employee type. Fees should be all - inclusive, including but not limited to travel, lodging, meals, equipment, herbicide, tools and administrative costs. If members of the work crew live outside of the Keys, specify what arrangements will be made to insure their ability to report to work. No compensation will be paid for travel time. There are no reimbursable expenses. Contract will be based on total cost per hour up to $85,000. The cost per hour will be taken into consideration during the evaluation process, but is only one factor of many that will be used in the evaluation. g. Additional information: Provide any additional r,pertinent information that would be helpful in the consideration of your response. TAB 2. References Each Respondent shall provide at least three (3) references for which the Respondent has provided the same or similar services during the past three (3) years. It is preferred that the references are from state or local governments, but private industry clients may also be used as references. Each reference shall include, at a minimum: Name and full address of reference organization Name of Contact person for contract Telephone number(s) Date of initiation of contract with reference Brief summary comparing the referenced services to these proposed services Alternatively, each Respondent may submit as references: at least three (3) letters of recommendation from local or in -state business owners who attest, in some detail, to Respondent's knowledge and abilities regarding the proposed services. TAB 3. Litigation a. Has the person, principals, entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, ever failed to complete work or provide the goods for which it has contracted? If yes, provide details; -9- RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands — Initial Treatment b. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the person, principal of the entity, or entity, or any entity previously owned, operated or directed by any of its officers, directors, or general partners? If yes, provide details; c. Has the person, principal of the entity, entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, within the last five years, been a party to any lawsuit, arbitration, or mediation with regard to a contract for services, goods or construction services similar to those requested in the specifications with private or public entities? If yes, provide details; d. Has the person, principal of the entity, or any entity previously owned, operated or directed by any of its officers, owners, partners, major shareholders or directors, ever initiated litigation against the county or been sued by the county in connection with a contract to provide services, goods or construction services? If yes, provide details; e. Whether, within the last five years, the owner, an shareholder or major creditor of the person or ent principal, controlling shareholder or major credit( or furnish goods similar to those sought in the rec ,er, general partner, principal, controlling as an officer, director, general partner, any other entity that failed to perform services for competiti TAB 4. Respondent's Background Information a. Include a list of the Respondent's shareholders partnership, a list of the general partners; or, if a limi or more of the stock, or, if a general ership, a list of the members. b. Include a list of the officers and directors of c. Provide the number of years the Respondent has been in business, and, if different, the number of years the Respondent has provided the type of services requested. d. Provide the number of years the Respondent has operated under its present name and the number of years the business has operated under any other name, and such names under which it has operated. e. Answers to the following must be provided: (i) Has the Respondent ever failed to complete work for which it has contracted? If so, provide details. (ii) Has the Respondent been a party within the last five years to a lawsuit or arbitration? If so, provide details. (iii) Has the Respondent ever initiated litigation against Monroe County or been sued by Monroe County? If so, provide details. (iv) Provide the past 2 years financial statements, including profit and loss, for the Respondent and /or credit references to establish that Respondent has the financial stability and capacity to provide the services required by this RFP. TAB 5. County Forms and Licenses. Respondent shall complete and execute the forms specified below and found at designated pages in this RFP, as well as copies of all professional and occupational licenses: I. Submission Response Form IL Lobbying and Conflict of Interest Clause III. Non - Collusion Affidavit IV. Drug Free Workplace Form V. Public Entity Crime Statement VL Local Preference Form (if applicable) VII. Respondent's Insurance and Indemnification Statement VIII. Insurance Agent's Statement, and IX. Copies of professional licenses and proof of local business tax payment -10- RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands — Initial Treatment 1.02 COPIES OF PROPOSAL DOCUMENTS A. Only complete sets of Proposal Documents will be issued and shall be used in preparing responses. The County does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets. B. Complete sets of Proposal Documents may be obtained in the manner and at the locations stated in the Notice of Request for Proposals. 1.03 1.04 PROPOSAL REQUIREMENTS See Notice of Request for Proposals. Interested firms or individuals are requested to two (2) signed originals and two (2) complete the outside, "Proposal — Removal of Invasiv Lands — Initial Treatment ", addressed to M, Street, Room 2 -213, Key West, FL 33040, proposals will be accepted after 3:00 P.M. rejected. licate their interest by submitting a total of four (4), ies of their proposal in a sealed package marked on xotic Plants from Monroe County Conservation )e County Purchasing Department, 1100 Simonton or before 3:00 P.M. local time on XXXXX. No xed or e- mailed Proposals will be automatically A bid bond is not required. Payment and performance_ bonds are not required. There are no liquidated damages. There is no pre -bid meeting. DISQUALIFICATION OF RESPONDENT A. NON - COLLUSION AFFIDAVIT: Any person submitting a proposal in response to this invitation must execute the enclosed NON- COLLUSION AFFIDAVIT. If it is discovered that collusion exists among the Respondents, the proposals of all participants in such collusion shall be rejected, and no participants in such collusion will be considered in future bids for the same work. B. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the convicted vendor list following, a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit Proposals on leases or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Category Two: $25,000.00 C. DRUG -FREE WORKPLACE FORM: Any person submitting a bid or proposal in response to this invitation must execute the enclosed DRUG -FREE WORKPLACE FORM and submit it with his bid or proposal. Failure to complete this form in every detail and submit it with your bid or proposal may result in immediate disqualification of your bid or proposal. D. LOBBYING AND CONFLICT OF INTEREST CLAUSE: Any person submitting a bid or proposal in response to this invitation must execute the enclosed LOBBYING AND CONFLICT OF INTEREST CLAUSE and submit it with his bid or proposal. Failure to complete this form in every detail and submit it with the bid or proposal may result in immediate disqualification of the bid or proposal. -11- RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands — Initial Treatment 1.05 EXAMINATION OF RFP DOCUMENTS A. Each Respondent shall carefully examine the RFP and other contract documents, and inform themselves thoroughly regarding any and all conditions and requirements that may in any manner affect cost, progress, or performance of the work to be performed under the contract. Ignorance on the part of the Respondent will in no way relieve them of the obligations and responsibilities assumed under the contract. B. Should a Respondent find discrepancies or ambiguities in, or omissions from, the specifications, or should he be in doubt as to their meaning, they shall at once notify the COUNTY. 1.06 INTERPRETATIONS, CLARIFICATIONS, AND AD No oral interpretations will be made to any Resp Any inquiry or request for interpretation receive opening of responses will be given consideratior writing in the form of an addendum and, if issu known prospective Respondents prior to the esi shall acknowledge receipt of such addenda in acknowledge receipt of such addenda or addenc though it had been received and acknowledged ent as to the meaning of the contract documents. ;ven (7) or more days prior to the date fixed for 11 such changes or interpretation will be made in will be mailed or sent by available means to all fished Proposal opening, date. Each Respondent ;fir Proposal. In case any Respondent fails to ,,his response will nevertheless be construed as acknowledgment of the receipt of same'. All addenda a Respondent will be bound by such addenda, whether or of each Respondent to verify that he has received all add 1.07 GOVERNING The Respondent is require federal, state, and local law 1.08 PREPARATION OF RES Signature of the Responden the signature. _ If the Respc "Sole Owner" must appear least one of the partners ml sion of his response will constitute of the contract documents and each ived by him. It is the responsibility ed before responses are opened. familiar with and shall be responsible for complying with all Lees rules, and regulations that in any manner affect the work. Respondent must sign the response forms in the space provided for t is an 'individual, the words "doing business as ", or ath such signature. In the case of a partnership, the signature of at How the firm name and the words "Member of the Firm" should be written beneath such signature'. If the Respondent is a corporation, the title of the officer signing the Proposal on behalf of the corporation must be stated along with the Corporation Seal Stamp and evidence of his authority to sign the Proposal must be submitted. The Respondent shall state in the response the name and address of each person interested therein. If the Respondent is an LLC, then the authorized manager or manager member must sign the proposal. 1.09 RESPONSIBILITY FOR RESPONSE The Respondent is solely responsible for all costs of preparing and submitting the response, regardless of whether a contract award is made by the County. 1.10 RECEIPT AND OPENING OF RESPONSES Responses will be received until the designated time and will be publicly opened and respondents announced at the appointed time and place stated in the Notice of Request for Proposal. Monroe County's representative authorized to open the responses will decide when the specified time has arrived and no responses received thereafter will be considered. No responsibility will be attached to -12- RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands — Initial Treatment anyone for the premature opening of a response not properly addressed and identified. Respondents, or their authorized agents, are invited to be present. 1.11 DETERMINATION OF SUCCESSFUL RESPONDENT A. The County reserves the right to reject any and all responses and to waive technical errors and irregularities as may be deemed best for the interests of the County. Responses which contain modifications, are incomplete, unbalanced, conditional, obscure, or which contain additions not requested or irregularities of any kind, or which do not comply in every respect with the Instructions, and the contract documents, may be rejected at the option of the County. B. The County shall consider preference to local businesses in making a purchase or awarding a contract who meet the criteria for a local business as defined by Section 2 -349 of the Monroe County Code. Individuals or firms which meet all the criteria in Section 2 -349 of the Monroe County Code and are a responsive and responsible respondent shall receive local preference and shall be given two points in the scoring criteria. C. The application of local preference may be waived upon written recommendation by the County and approval by the Monroe County Board of County Commissioners at the time of Award of Contract. Waiver of the application of the local preference is based upon analysis of the marketplace and in consideration of the special or unique quality of goods, services, or professional services sought to be purchased by the County. D. The County may conduct such investigations as it deems necessary to assist in the evaluation of any Response and to establish" the responsibility,' qualifications, and financial ability of the Responders, proposed subcontractors, and other persons or organizations to do the Work in accordance with the Contract Documents to the County's satisfaction within the prescribed time. 1.12 AWARD OF A. The County resery for all or part of tI Owner, written n contract(s). B. If the award of a' Respondent or the personnel as the C C. A contract will be in the best interest factors deemed rely D. The Countv also E. The recon the Board otherwise. right to waive any informality in any response, or to re- advertise k contemplated. If responses are found to be acceptable by the will be given, to the selected Respondent of the award of ltract is annulled, the County may award the contract to another )rk may be re- advertised or may be performed by other qualified ty decides. arded'to the Respondent deemed to provide the services which are the County, considering price, qualifications, time frame, and other ,serves the right to reject the response of a Respondent who has perform properly or to complete contracts of a similar nature on time. ins of the County Administrator or his designee, will be presented to y Commissioners of Monroe County, Florida, for final awarding or 1.13 CERTIFICATE OF INSURANCE The Contractor will be responsible for all necessary insurance coverage as indicated on the attached forms. Certificates of Insurance must be provided to Monroe County within fifteen (15) days after award of bid, with Monroe County BOCC listed as additionally insured on all except Workers Compensation. If the proper insurance forms are not received within the fifteen (15) days, the contract may be awarded to the next selected Respondent. The Contractor shall defend, indemnify, and hold harmless the County as outlined on the attached form. - 13 - RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands — Initial Treatment SECTION TWO: DRAFT CONTRACT These contract documents should be used only after consultation with counsel. The documents are not intended as legal advice appropriate to any specific situation, nor do they purport to address all issues which may arise between the contracting parties. The documents should be amended or supplemented where appropriate. MONROE COUNTY CONTRACT FOR PROFESSIONAL SERVICES PROFESSIONAL SERVICES FOR THE REMOVAL OF INVASIVE EXOTIC PLANT SPECIES FROM MONROE COUNTY CONSERVATION LANDS -- INITIAL TREATMENT THIS CONTRACT is made and entered into this day of ( "COUNTY "), a political subdivision of the State of Florida, w Center, 2798 Overseas Highway, Marathon, Florida, 33050, an ( "CONTRACTOR "), whose address is Section 1. SCOPE OF SERVICES The CONTRACTOR shall do, perform and carry out in a described in the Scope of Services — Exhibit A — which is Section 2. COUNTY'S 2.1 2.2 2.3 2.4 2.5 Provide all best available data and base map Assignments. Designate in writing a person COUNTY'S behalf on all matters concemin Furnish to the CONTRACTOR all existing I to the work, and obtain or provide additional The CONTRACTOR shall be entitled to use by MONROE COUNTY ss is the Marathon Government ;ssional and proper manner certain duties as hed hereto and made a part of this agreement. COUNTY'S requirements for Work Manager ") with authority to act on the idies, reports, and other available data pertinent and data as required by the CONTRACTOR. upon such information and services provided by the COUNTY or others in performing the CONTRACTOR'S services. 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. Perform such other functions as are indicated in Exhibit A. 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. -14- RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands — Initial Treatment Section 4. COMPENSATION 4.1 The maximum compensation available to the CONTRACTOR under this agreement is $85,000.00. 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 on -site 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 18, 2018, 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 for on -site personnel, expected to include all costs including administrative costs, travel and equipment, used in calculating the compensation due are Position Hourly Rate (in Dollars) Certified Crew Supervisor (for example) Trained Crew Member (for example) Bucket Truck Operator (for example) Bobcat Operator (for example) Section 5. PAYMENT TO CONTRACTOR 5.1 Payment will be made according to the Local Governmf payment must be in a form satisfactory, to the County C' detail the services performed and the payment amount re( to the COUNTY Project Manager, who will !review the his/her approval on the request and forward it to the Clerk approved, the Project Manager must inform the CONT explanation of the deficiency that caused the disapproval c 5.2 CONTRACTOR shall submit inv+ regular basis until the work under t 5.3 Continuation of this contract is con Section 6. CONTRACT TERMINATIO appropriation by Monroe County. Either party may terminate this contract because of the failure of the other parry 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 - it Prompt Payment Act. Any request for ,rk (Clerk). The request must describe in jested. The CONTRACTOR must submit request. The Project Manager shall note for payment. If request for payment is not .ACTOR in writing that must include an "the reauest. s with progress report of activities on a weekly or otherwise -15- RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands — Initial Treatment 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: Beth Bergh, Land Steward Monroe County Planning & Enviro 2798 Overseas Highway, Suite 410 Marathon, Florida 33050 Resources To the CONTRACTOR: or addressed to either party at such othc writing. Each such notice; request, of delivered, or, if mailed, when deposited Section 9. CONTRACTOR shall maintain all b Agreement in accordance with genc this Agreement or their authorized r each other party to this Agreement f years following the termination of determines that moneys paid to CC authorized by this Agreement, the C pursuant to Sec. 55.03, FS, running f Roman Gastesi, County Administra 1100 Simonton Street, Suite 205 Key West, Florida 33040 addresses as such party shall hereinafter furnish to the other party in authorization shall be deemed''' to have been duly given when so i the mails, registered, postage paid. records, and documents directly pertinent to performance under this accepted accounting principles consistently applied. Each party to ;entatives shall have reasonable and timely access to such records of zblic records purposes during the term of the agreement and for four Agreement. If an auditor employed by the COUNTY or Clerk tACTOR pursuant to this Agreement were spent for purposes not TRACTOR shall repay the moneys together with interest calculated 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 or current County officer or employee subject to the prohibition of Sections 2 and 3 of Ordinance No. 010- 1990 as amended by 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. -16- RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands — Initial Treatment 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 1 The COUNTY and CONTRACT is initiated or defended by any prevailing party shall be entitled \expenses, as an award against investigative, and out -of- pocket conducted pursuant to this Agrec usual and customary procedures subject to arbitration. Section 15. BINDING EFFECT COS ;ree that in the event any cause of action or administrative proceeding relative to the enforcement or interpretation of this Agreement, the isonable attorney's fees, court costs, investigative, and out -of- pocket Dn- prevailing party, and shall include attorney's fees, courts costs, uses in appellate proceedings. Mediation proceedings initiated and shall be in accordance with the Florida Rules of Civil Procedure and red by the circuit court of Monroe County. This Agreement is not 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 -17- RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands — Initial Treatment 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 15 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 expressly understood that upon a determination by occurred, this Agreement automatically terminates effective the date of the court order. COUNTY or Florida statutes, and all local ordinances; as applical no discrimination against any person, and it is of competent jurisdiction that discrimination has it any further action on the part of any party, 'RACTOR agree to comply with all Federal and tiny 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 c 1681 -1683, and 1685- 1686), which prohibits Rehabilitation Act of 1973, as amended (20 1 handicaps; The Age Discrimination Act of 1 discrimination on the basis of age; The Drug amended, relating to nondiscrimination on the Alcoholism Prevention, Treatment and 'Rehab nondiscrimination on the basis of alcohol abuse and 527 (42 USC ss'. 690dd -3 and 290ee -3), as patent records; nondiscriminati( USC s. 1201' N disability; Any parties to, or the in the sale, rental or -), as may be amen ier nondiscriminatic [bject matter of, this Section 20. REQ the Education Amendment of 1972, as amended (20 USC ss. discrimination on the basis of sex; Section 504 of the SC s. 794), which prohibits discrimination on the basis of 75,, as amended (42 USC ss. 6101 -6107) which prohibits Abuse Office and Treatment Act of 1972 (PL 92 -255), as asis of drug abuse; The Comprehensive Alcohol Abuse and itation Act of 1970 (PL 91 -616), as amended, relating to ir alcoholism; The Public Health Service Act of 1912, ss. 523 mended, relating to confidentiality of alcohol and drug abuse Net of 1968 (42 USC s. et seq.), as amended, relating to of housing; The Americans with Disabilities Act of 1990 (42 time to time, relating to nondiscrimination on the basis of ins in any Federal or state statutes which may apply to the TO USE E- VERIFY CONTRACTOR agrees to: (1) utilize the US Department of Homeland Security's E -verify system to verify the employment eligibility of all new employees hired by CONTRACTOR during the term of this Contract; and, (2) include in all subcontracts under this Contract, the requirement that subcontractors performing work or providing services pursuant to this Contract utilize the E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the term of the subcontract. The Department of Homeland Security's E -Verify system can be found on -line at www.u ;ci s.gov /e- verify The CONTRACTOR agrees to enroll in the E -Verify system prior to hiring any new employee after the effective date of this Contract. CONTRACTOR further agrees to maintain records of its participation and compliance with the provisions of the E -Verify program, including participation by its subcontractors as provided above, and to make such records available to the COUNTY. This includes maintaining a copy of proof of CONTRACTOR's and subcontractor's enrollment in the program. Compliance with the terms of this provision is made an express condition of this Contract and the COUNTY may treat a failure to comply as a material breach of the Contract. -18- RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands — Initial Treatment Section 21. 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 22. 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 23. NO SOLICITATION /PAYMENT The COUNTY and CONTRACTOR warrant that, in company or person, other than a bona fide employee and that it has not paid or agreed to pay any person bona fide employee working solely for it, any fe contingent upon or resulting from the award or makii provision, the CONTRACTOR agrees that the COL without liability and, at its discretion, to offset from such fee, commission, percentage, gift, or consideratil Section 24. PUBLIC ACCESS Pursuant to F. S. 119.070 1, Contractor and its su State of Florida, including but not limited to: (a) Keep and maintain public records that ordi in order to perform the service. (b) Provide the public with access to public re provide the records and at a cost that does not e otherwise provided by law.' (c) Ensure that public records requirements are not disclosed (d) Meet all requirements for records in possession of the coi records that are exempt or conf stored electronically must be pi technology systems of Monroe (e) The county shall have the ri contractor. itself, it has neither employed nor retained any solely for it, to solicit or secure this Agreement y, corporation, individual, or firm, other than a fission, percentage, gift, or other consideration Agreement. For the breach or violation of the all have the right to terminate this Agreement awed_ or otherwise recover. the full amount of all public records laws of the ssanly would be required by Monroe County on the terms and conditions that Monroe County would the cost provided in Florida Statutes, Chapter 119 or as are exempt or and exempt from public records disclosure A as authorized by law. Zing public records and transfer, at no cost, to Monroe County all public or upon termination of the contract and destroy any duplicate public tal and exempt from public records disclosure requirements. All records A to Monroe County in a format that is compatible with the information unilaterally cancel this Agreement upon violation of the provision by Section 25. 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 26. 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 -19- RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands — Initial Treatment 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 27. 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 28. 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 29. ATTESTATIONS CONTRACTOR agrees to execute such documents as Public Entity Crime Statement, an Ethics Statement, and COUNTY may reasonably require, to include a - ua -Free Workplace Statement. Section 30. NO PERS No covenant or agreement contained herein shall be d officer, agent or employee of Monroe County in his or or employee of Monroe County shall be liable persor liability or accountability by reason of the execution of to be a covenant or agreement of any member, lividual capacity, and no member, officer, agent i this Agreement or be subject to any personal Section 31. 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 32. SECTION 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 33. INSURANCE POLICIES 33.1 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. -20- RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands — Initial Treatment 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 CO either: • Certificate of Insurance or A Certified copy of the actual The County, at its sole option, has the right to by this contract. of the required insurance, copy of any or all insurance policies required All insurance policies must specify that they are not reduction in coverage unless a minimum of thirty (3 insurer. The accebtance and/or aDDroval o any liability or obligation assumed The Monroe County Board of Co "Additional Insured" on all bolici to cancellation, non - renewal, material change, or prior notification is given to the County by the hall not be construed as relieving the contract or imposed by law. its employees and officials will be included as s' Compensation. 33.2 INSURANCE REOUIREMENTS'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: $200,000 per Person $300,000 per Occurrence $ 50,000 Property Damage -21- RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands — Initial Treatment 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. 33.3 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 $200,000 per Person $300,000 per Occurrence $ 50,000 Property Damage The Monroe County issued to satisfy the a 33.4 WORKERS' COMPENSATION Prior to In addition, the CONTRACTO imits $100,000 Bodily Injury by $500,000 Bodily Injury by $100,000 Bodily Injury by Coverage shall be d as Additional Insured on all policies CE by this contract, the CONTRACTOR shall obtain Workers' to respond to the applicable state statutes. rs' Liability Insurance with limits of not less than: policy limits each employee 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. -22- RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands — Initial Treatment Section 34. INDEMNIFICATION Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the Contractor covenants and agrees that he shall defend, indemnify 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 the Contractor's failure to purchase or maintain the required insurance, the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of above. The extent of liability is in no way limited to, redi elsewhere within this agreement. Section 35. INDEPENDENT CONTRACTOR At all times and for all pui employee of the Board of construed so as to find the ( embtovee local shall s, rules to the Contractor is for the or suspended as a result of for shall indemnify the provided for requirements contained er, the CONTRACTOR is an independent contractor and not an missioners. No ,statement contained in this agreement shall be R or any of his/her employees, contractors, servants or agents to be nissioners for Monroe County. As an independent contractor the nt, professional judgment and comply with all federal, state, and Lions 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 36. 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 37. TERMINATION OF WORK AND EXTENSION The work under this Contract is to be completed by May 15, 2018 or upon reaching the amount of $85,000. After May 15, 2018, this Contract may be extended by mutual consent upon the same terms for three (3) -23 - RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands — Initial Treatment additional, future funding cycles, whether for a greater or smaller sum, and using a different completion date, contingent upon County's receipt of funds specifically for the purposes set forth herein. -24- RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands — Initial Treatment IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day of 20 (SEAL) Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA By Deputy Clerk (CORPORATE SEAL) ATTEST: By BOARD OF COUNTY COMMISSIONERS UA Mayor /Chairman -25- RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands — Initial Treatment EXHIBIT A SCOPE OF SERVICES REMOVAL OF INVASIVE EXOTIC PLANTS FROM MONROE COUNTY CONSERVATION LANDS — INITIAL TREATMENT PROJECT HISTORY Monroe County currently owns or manages approximately 2,000 acres of conservation lands throughout the Keys. Monroe County has received funding from the Florida Fish & Wildlife Conservation Commission, Invasive Plant Management Section, in the amount of $70,000 for contract labor for the removal of invasive exotic plants on parcels selected by the Monroe County Land Steward. In addition, the County is providing a local match of $15,000, bringing the total funding available for the project to $85,000. Work must be completed by May 18, 2018. PROJECT LOCATION Lands in this project area consist of public conservati owned or managed by Monroe County. Monroe Con conservation lands throughout the Florida Keys. This Big Pine Key (initial treatment). Most individual parcels are only 0.1 acres in The majority of the sites are located in neigh neighborhoods will require special considerat infestation varies by site, ranging from sparse Pines. There are no plans or maps', for the prof aerial maps of the work sites. SCOPE OF The project consists of the physical (FLEPPC) listed species occurring application and chipping of all resu species, and leadtree seeds). The cc as necessary, labor, monitoring and sites. The success of the project de performed during normal work hou on weekends or on holidays observe on lands located throughout the Florida Keys either my owns approximately 2,000 acres of scattered project will target sites that have not yet been treated on many are contiguous and combine to form larger units. adiacent to residences and roads. Work in safety, noise, and appearance of property. Level of to dense', stands of Brazilian pepper or large Australian The be given a list of parcels and val of all Category I and II Florida Exotic Pest Plant Council ected Monroe County conservation lands, followed by herbicide Biomass (except as described below for bowstring hemp, cactus for will manage the project including the scheduling, subcontracting ting progress. The County will supply locations and maps of project on the thoroughness of the invasive exotic removal. Work must be tween 8 am and 5 pm), Monday through Friday. No work may occur Monroe County. 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. Contractor must be experienced in working close to houses and other structures. 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 similar forestry machine may not be used for this project. Work may require a -26- RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands — Initial Treatment bucket truck. 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. 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 (any modifications or substitutions must be pre- approved by the County's Land Steward): Tar et Species Treatment Method Asiatic colubrma 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 stum '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) 20% Garlon 4 applied to stump's cut surface and sides Lead tree 30% Garlon 4 applied to stump's cut surface and sides (Leucaena leucocephala) 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. Cactus species must be physically removed. 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 pickup. 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. In summary, 'vegetative debris resulting from the exotic removal work will be disposed of in one of the following ways (as determined by the County Land Steward): 5. Chipped by the contractor and spread evenly across the site; or 6. Chipped and removed from the site by the Contractor, at no expense to the County for the removal (if the Contractor wants the mulch for their own purposes); or 7. Chipped and piled on the site by the contractor and removed from the site by the County (if Land Steward determines that on -site disposal is not an option); or 8. Sections of tree trunk that are too large for the chipper may be cut into four foot lengths and piled on site by the Contractor for eventual disposal by the County. The Contractor will not be required to transport or pay for the disposal of any vegetative waste created by the project, unless they keep the mulch for their own purposes. 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 on -site employee. No compensation shall be paid for travel time to and from the work site. There are no reimbursable expenses. The project is complete when the total cost per hour reaches $85,000 or on May 18, 2018, whichever occurs first. -27- RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands — Initial Treatment 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 appropriate 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 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 re determine priority areas for treatment. The contractor Plant Control" and submit the completed forms to the Steward will obtain a permit for the proposed exotic rf keep the permit with the crew while working on -site. The contractor must hold a valid Monroe Con Competency for a Landscaping Specialty Con landscaping specialty contractor certificate of Specialty Contractor licensed in Monroe Cow Due to the amount of time required to obi any required licensing applications to Mo the application(s) in their bid package. It to bid submission. Additional plant treatment or removal and n( agreement as field conditions warrant and fix in writing and agreed to by signature of both According to the Count contractors working on A basis to discuss the progress of the project and to complete "Daily Progress Reports for Invasive ty every two weeks. The Monroe County Land d work, however the Contractor is required to ax receipt and a Monroe County Certificate of eral contractor may apply if he holds a in Monroe County or employs a Landscaping less tax receipt is required for both. a Certificate of Competency, respondents must submit County prior to bid submission and indicate the status of of necessary to have already obtained the certificate prior debris removal may be added to the project by mutual mit. Such agreements for additional work shall be made with Florida Fish & Wildlife Conservation Commission, al 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 -28- Packet Pg. 1914 RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands — Initial Treatment 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 may be adjusted depending on seasonal conditions. All w contract is final, the project timeframe st be completed by May 18, 2018. Requirement to Use E- Verify. The Contractor must: E -Verify system to verify the employment eligibility term of the Contract; and, (2) include in all subcontrac subcontractors performing work or providing services verify the employement eligibility of all new employe subcontract. tilize the US Department of Homeland Security's new employees hired by the Contractor during the der this Contract, the requirement that want to this Contract utilize the 'E -verify system to red'bv the subcontractor durine'the term of the -29- RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands — Initial Treatment SECTION THREE: COUNTY FORMS Please follow the complete instructions to respondents specified in Section 1 "Contractor Selection and Evaluation Process" RESPONSE FORM RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT GATO BUILDING, ROOM 2 -213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 I acknowledge receipt of Addenda No. (s) I have included (check mark items included): • Lobbying and Conflict of Interest Clause • Non - Collusion Affidavit • Drug Free Workplace Form • Public Entity Crime Statement • Insurance Requirements • Local Preference Form (if applicable) In addition. I have included a current licenses`. List all on -site personnel and price per man -hour, inclusive of all travel and other expenses (there will be no reimbursable expense items). Please follow a similar format to that shown in Paragraph 4.2 of the draft contract (Section 2 of RFP): Title Hourly 'Rate Mailing Addre Signed: Name: Title: Telephone: Email: Fax: Date: STATE OF: COUNTY OF (Seal) Subscribed and sworn to (or affirmed) before me on (date) by (name of affiant). He /She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC My Commission Expires: -30- RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands — Initial Treatment LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010 -1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE (Company) "...warrants that he /it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010 -1990 as amended by Ordinance No. 020- 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." STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by ). He /She is personally known to me or has produced (type of identification) as identification NOTARY PUBLIC My Commission Expires: -31- RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands — Initial Treatment NON - COLLUSION AFFIDAVIT I of the city of under penalty of perjury, depose and say that C. unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to bid opening, directly or indirectly, to any other proposer or to any competitor; and d. no attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit, or not to submit, a proposal for the purpose of restricting competition; e. the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project, according to law on my oath, and a. I am of the firm of the proposer making the Proposal for the project described in the Request for Proposals for and that I executed the said proposal with full authority to do so; b. the prices in this proposal 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 proposer or with any competitor; of Proposer) STATE OF: COUNTY OF: PERSONALLY after first being sworn by me, above. On this day of 20 NOTARY PUBLIC My Commission Expires: ME, the undersigned authority, who, of individual signing) affixed his / her signature in the space provided -32- RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands — Initial Treatment DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publishes 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. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed'' upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under proposal, 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. Imposes 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. Makes 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. of Proposer) STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by (name of affiant). He /She is personally known to me or has produced (type of identification) as identification NOTARY PUBLIC My Commission Expires: -33- RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands — Initial Treatment 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, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither (Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last thirty -six (36) months. STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by He /She is personally known to me or has (type of identification) as identification NOTARY PUBLIC My Commission Expires: -34- RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands — Initial Treatment LOCAL PREFERENCE FORM A. Vendors claiming a local preference according to Ordinance 023 -2009, as amended by Ordinance No. 004- 2015, must complete this form. Name of Bidder /Responder Date: 1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least one (1) year prior to the notice of request for bids or proposals? (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? (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one (1) year prior to the notice of request for or proposal.) List Address: Telephone Number: B. Does the vendor /prime contractor intend to subcontract 50 % or more of the goods, services or construction to local businesses meeting the criteria above as to licensing and location? 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 (1) year prior to the notice or request for bid or proposal. 2. Subcontractor's physical business address within Monroe County from which the subcontractor operates (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one (1) year prior to the notice of request for bids or proposals) Tel.Number Address Print Name: Signature and Title of Authorized Signatory for Bidder /Responder STATE OF COUNTY OF On this day of 20 , before me, the undersigned notary public, personally appeared known to me to be the person whose name is subscribed above or who produced as identification, and acknowledged that he /she is the person who executed the above Local Preference Form for the purposes therein contained. My commission expires: Print Name -35- RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands — Initial Treatment SECTION FOUR: INSURANCE REQUIREMENTS INDEMNIFICATION AND HOLD HARMLESS FOR CONTRACTORS AND SUBCONTRACTORS Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the Contractor covenants and agrees that he shall defend, indemnify 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. -36- RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands — Initial Treatment RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL 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 wort personnel and material) until satisfactory evidence of the as specified below. Delays in the commencement of "v provide satisfactory evidence of the required insurance, and any penalties and failure to perform assessments specified date and time, except for the Contractor's failuw The Contractor shall main extensions specified in the immediate suspension of a] completion of work resulti extend deadlines specified imposed insurance required n the failure of the s contract and any The Coi either: governed by this contract (including pre- staging of required insurance has been furnished to the County )rk, resulting from the failure of the Contractor to shall not extend deadlines specified in this contract call be imposed as if the work commenced on the to provide satisfactory evidence. zghout the entire term of this contract and any comply with this provision may result in the �e has been reinstated or replaced. Delays in the ctor to maintain the required insurance shall not es and failure to perform assessments shall be the Contractor's failure to maintain the required , as satisfactory evidence of the required insurance, )r 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. -37- RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands — Initial Treatment 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. Any deviations from this General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. MEN RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands — Initial Treatment WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT: BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this Compensation Insurance with limits sufficient to respond In addition, the Contractor shall obtain Employers' $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limi $100,000 Bodily Injury by Disease, each emplc Coverage shall be maintained throughout Coverage shall be Florida. y Contractor shall obtain Workers' le state statues. of not less than: business in the state of 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. Insurance of the RVE RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands — Initial Treatment GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed Liability Insurance. Coverage shall be maintain( minimum: Premises Operations Products and Complete( Blanket Contractual Lia Personal Injury Liability Expanded Definition of The minimum limits acceptab $300,000 Combined'_' If split limits are provided,, the $200,000 per Person $300,000 per Occurre $ 50,000 Property Dai An Occurrence Form policy i should include coverage for period for which claims may the acceptance of work by the CSL) -act, the ''Contractor shall obtain General the life of the contract and include, as a be: If coverage is provided on a Claims Made policy, its provisions on or after the effective date of this contract. In addition, the should extend for a minimum of twelve (12) months following The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. iDIE RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands — Initial Treatment VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract requires the use of vehic] the commencement of work, shall obtain Vehicle Liability Insurance. Co` throughout the life of the contract and include, as a minimum, liability coverage • Owned, Non - Owned, The minimum limits acceptable shall be: $300,000 Combined Single Limit ( If split limits are provided, the minimum limits acceptable shall be: , 50,000 the Contractor, prior to ae shall be maintained The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. SHE RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands — Initial Treatment Respondent's Insurance and Indemnification Statement Insurance Requirement Required Limits Worker's Compensation $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee General Liability $300,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: $200,000 per person $300,000 per occurrence $50,000 property damage,, Vehicle Liability $300,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: $200,000 per person $300,000 per occurrence $50,000 property damage INDEMNIFICATION AND HOLD HARMLESS FOR CONSULTANTS AND SUBCONSULTANTS Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the Respondent covenants and agrees that he shall defend, indemnify 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 Respondent 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 Respondent or any of its employees, agents, respondents in any tier or' other , invitees, or (C) Respondent'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 RESPONDENT). 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 Respondent's failure to purchase or maintain the required insurance, the Respondent 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 Respondent's failure to purchase or maintain the required insurance, the Respondent 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 Respondent 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. RESPONDENT'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Respondent Signature Date iyA RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands — Initial Treatment INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY Liabilit Insuran DEDUCTIBLES iF92 RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands — Initial Treatment WAIVER OF INSURANCE REQUIREMENTS There will be times when it will be necessary, or in the best interest of the County, to deviate from the standard insurance requirements specified within this manual. Recognizing this potential, and acting on the advice of the County Attorney, the Board of County Commissioners has granted authorization to Risk Management to waive and modify various insurance provisions. Specifically excluded from this authorization is the right to waive: • The County as being named as an Additional Insured (not the Agent) is presented, stating that they are unabl Additional Insured, Risk Management has been granted t] And • The Indemnification and Hold sions should be made to obtain the standard Request for Waiver of Insurance consideration with the proposal. After consideration by Risk Management Attorney who will submit the Waiver with Courts. if the Should Risk Management deny this Administrator or the Board of Count i[! ter from the Insurance Company illing to name the County as an ity to waive this provision. loss. For this reason, every attempt aiver or a modification is desired, a be completed and submitted for be returned, to the County execution by the Clerk of the other party may file an appeal with the County retains the final decision - making authority. RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands — Initial Treatment MONROE COUNTY, FLORIDA Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract: Contractor: Cow Add Phor Scor Reas Polio will Sign Risk Date Coul Date: Board of County Commissioners appeal: Approved Not Approved Meeting Date: BIDDER SIGNATURE Irbil Approved Not Approved RFP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands INSURANCE REQUIREMENTS FOR SUBMITTING PROPOSALS Worker's Compensation $100,000 Bodily Injury by Ace. $500,000 Bodily Inj. by Disease, policy lmts $100,000 Bodily Inj . by Disease, each emp. General Liability, including Premises Operation Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Expanded Definition of Property Damage Vehicle Liability (Owned, non -owned and hired vehicles) $300,000 Combined Single Limit $200,000 per Person $300,000 per Occurrence $ 50,000 Property Damage $300,000 Combined Single Limit The Monroe County Board of County Commissioners shall be named as Additional insured on all policies issued to satisfy the above requirements. ErM