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Item G5 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: August 20, 2014 Division: Growth Management Bulk Item: Yes X No — Department: Land Steward Staff Contact Person/Phone #: Beth Bergh—(x 251 Ij AGENDA ITEM WORDING: Approval to advertise a Request for Proposals (RFP) for a contracted crew of invasive exotic plant control technicians to treat invasive exotic plants on conservation lands that are owned or managed by Monroe County, ITEM BACKGROUND: Approval of this item is contingent on the Board's approval of a previous item "Approval of a task assignment with Florida Fish & Wildlife Conservation Commission (FFW( C)to receive $125,000 which will allow the County to hire a contracted crew of invasive exotic plant control technicians to treat invasive exotic plants on conservation lands that are owned or managed by Monroe County." Monroe County has been awarded funding for invasive exotic plant removal from FFWCC through the Florida Keys Invasive Exotics Task Force. The funds will be used to hire a contracted crew of invasive exotic plant control technicians to perform exotic plant removal on conservation lands that are owned or managed by the County. The local match requirement of$10,000 will be funded by the Monroe County Environmental Land Management and Restoration Fund (no ad valorem funds). In accordance with Ordinance 023-2009, the RFP includes two (2) points for local business preference. Minor changes to the attached draft RFP may be made by staff prior to advertisement. PREVIOUS RELEVANT BOCC ACTION: The Board has approved annual task assignments to receive FWCC funding since 2005. CONTRACT/AGREEMENT CHANGES: None STAFF RECOMMENDATIONS: Approval Not to exceed TOTAL COST: $135,000 - INDIRECT' Coss: BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: _NA No ad valorem COST TO COUNTY:-$10,000 (local match) —SOURCE OF FUNDS: Fund 160- Eny Rest Fend REVENUE PRODUCING: Yes No X AMOUNT' PER MONTH Year APPROVED BY: Con my Atty OMB/Purchasing— Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM# Revised 7/09 MONROE COUNTY REQUEST OR PROPOSALS FOR PROFESSIONAL SERVICES BY Lands ca eNe etation Contractors to provide an Invasive Exotic Plant Technician re work on Monroe County onse tin Lands ..w ... 18 23 AIV. BOARD OF COUNTY COMMISSIONERS ISSIONERS Mayor, Sylvia J. Murphy, District Mayor Pro Tens, Danny Kolliage, ;District I George Neugent, District 2 Heather Carruthers, District 3 David Rice, District 4 COUNTY ADMINISTRATOR Roman Gastesi CLERK OF THE CIRCUIT COURT GROWTH MANAGEMENT DIVISION Any Heavilin. Christine hurley, Director September 20I4 PREPARED BY: Monroe County Land. Steward. RFP for Contractor Services, Invasive Exotic Plant Technician Crew, Monroe Co. Conservation Lands ................. NOTICE OF REQUEST FOR PROPOSALS NOTICE IS HEREBY GIVEN that on xxxx,2014 at 3:00 P.M. the Monroe County Purchasing Office will receive and open sealed responses for the following: REQuEsT FOR PROFESSIONAL SERVICES FROM LANDSCAPE/VEGETATION CONTRACTORS TO PROVIDE AN INVASIVE EXOTIC PLANT TECHNICIAN CREW TO WORK ON MONROE COUNTY CONSERVATION LANDS , MONROE COUNTY, FLORIDA Requirements for submission and the selection criteria may be requested frorn DernandStar by Onvia at www.demandstar.com ORwww.monroecotintybidscom,oi- call toll-free 1-800-711- 1712. The Public Record is available at the Monroe County P6rghasing Office located at the Gato Building, 1100 Simonton Street, Rooin 2-213, Key West, Florida. All response must be sealed and must be submitted to the Monroe Counij Purchas&'Office. Publication dates Citizen Keynoter Reporter -2- RFP for Contractor Services, Invasive Exotic Plant Technician Crew,Monroe Co.Conservation.Lands 'I'Aii�ii.E OF CONI'ENTS NOTICE OF REQUEST FOR PROPOSALS SECTION ONE - Instruction to Respondents SECTION TWO- Draft Agreement SECTION "THREE - COLInty Forms SECTION FOUR- Insurance Requirements -3 - RIT for Contractor Services, Invasive Exotic Plant Technician Crew, Monroe Co. Conservation Lands ............... SECTION ONE: INSTRUCTION Tel RESPONDENTS 1.01 DESCRIPTION INVASIVE EXOTIC PLANT TECHNICIAN CREW TO PERFORM PLANT REMOVAL WORK ON MONROE COUNTY CONSERVATION LANDS Interested firms or individuals are requested to indicate their interest by submitting a total of six (6), two (2) signed originals and four (4) complete copies of their proposal in a sealed package marked on the outside, "Proposal — Invasive Exotic Plant Technician Crew to work on Monroe County Conservation Lands", addressed to Monroe County Purchasing Department, 11.00 Simonton Street,Room 2-213, Key West, FL 33040, on or before 3:00 P.M. local time on xxxxxxxx, 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" or courier 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 one hundred twenty (120) days from the (late of the deadline for submission stated above. ']"],to Board will automatically reject the<response of any person or affiliate who appears on the convicted vendor list prepared by the Department of General Services, State of Florida, under See. 287.133(3)(d), Florida Statute (2013). Monroe County declares that all or portions of the documents and work papers and other forms of deliverables pursuant to this request shall be subject to reuse by the County. Technical questions are to be directed, in writing or faxed, to Beth Bergh, Monroe County Land Steward, 2798 Overseas Highway, Suite 410, Marathon,FL 33050, or fax to(305)289-2854. The Board reserves the right to reject any or all proposals, to waive informalitics or irregularities in the proposals and to re-advertise for proposals. The Board also reserves the right to separately accept or reject any itern or items of a proposal and to award and/or negotiate a contract in the best interest of the County. Interested fi'rins or individuals will be evaluated and selected by a selection committee composed of the Monroe County Land Steward, the Executive Director of the Monroe County Land Authority and a representative from Monroe County Environmental Resources (or their designees). The selection and recomniendation will be presented to the Board of County Commissioners for final decision. OBJECTIVE OF THE REQUEST FOR PROPOSALS The Growth Management Division of Monroe Contity, Florida invites proposals to remove invasive exotic plant species from Monroe County owned or managed conservation lands, utilizing a crew of up to eight(8) Invasive Exotic Plant Technicians, The project goal is the eradication of invasive exotic vegetation from selected publicly owned conservation lands in Monroe County. The Invasive Exotic Plant Technician crew will work to maintain those sites that have been previously treated for invasive exotic vegetation and to treat those sites that have small infestations of exotics. PROJECT HISTORY Monroe County currently owns or manages approximately 2,000 acres of conservation lands throughout the Keys. The Purpose Of tile current prQject is to maintain the County's properties that have been previously treated For invasive plants and to treat small infestations of exotics. Monroe County has received funding from the Florida Fish & Wildlife Conservation Commission, Invasive Plant Management Section, in the amount of$125,000 to fund an invasive exotic plant technician crew to work on Cotmty parcels selected by the Monroe County Land Steward. In addition,the County is providing a local match of$10,000, bringing the total funds available for the proJect to $135,000(not to exceed). Work must be completed by May 29, 2015, -4- RIT for Contractor Services, Invasive Exotic Plant Technician Crew, Monroe Co. Conservation Lands 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 prqject will target a portion of those properties ill the areas identified below (the majority of the sites are within the Lower Keys area): Upper Keys: Key Largo;Tavernier Middle Keys: Crawl Key; Fat Deer Key Lower Keys: Sugarloaf Keys; CudJoe Key; Surnmerland Key; Rarnrod Key; Torch Keys; Big Pine Key Most individual parcels are only 0.1 acres in size, but many are contiguous and combine to form much larger management units. 'The majority of the sites are located in neighborhoods, adjacent to residences, and easily accessed by roads. Level of infestation varies by site, but since niost ofthese sites have been previously treated, most sites will be less than 10%coverage of invasive exotic vegetation. Location maps of the project area are attached as Exhibit I. 'file selected contractor will be given more detailed aerial maps of the work sites. SCOPE OF WORK The project consists of the physical removal of`invasive exotic plarit species occurring oil selected Monroe County conservation lands, utilizing herbicide as necessary, The work will be completed by the contractor's ground crew comprised of up to eight(8) invasive plant technicians(including the crew supervisor). The contractor will manage the project including the scheduling,subcontracting as necessary, labor, monitoring and reporting progress, Additionally,the contractor will provide all necessary training, equipment, Supervisory and administrative support,for the technician crew. All work is to be completed using hand tools (,no heavy equipment required). The County will supply location maps of proJect sites, The contractor must have G,PS equipment and trained field staff to enable accurate field verification of property boundaries and to provide accurate mapping of areas treated, At the end of the project,the contractor will provide the County with GIS sbapefile data indicating the total area Surveyed. The contractor will work closely with the County'Land Steward to identify sites where only boundary or edge treatments are necessary and sites where a thorough inspection of the entire site is required. The work requires a knowledgeable crew of technicians who can"sweep"County properties and remove only the invasive exotic plant species found on the sites. The technicians must have demonstrated knowledge in identification of Florida Keys' species, both native and exotic, including those closely related species. The contracted crew's priorities will include: maintaining previously treated exotic removal sites free of exotics-, conducting sweeps of large conservation areas, looking for new infestations-, and the removal of small inibstations of exotics from recently put-chased conservation lands. The contractor shall notify the County Land Steward when it rinds infestations of`invasive exotics that are either too large for the crew to handle or trees that may be potentially hazardous to remove(i.e. near power lines or neighbors' structures). 'file contractor shall provide infonnation,to the County on the approximate dimensions of the infestation and the location. Target species include: Brazilian pepper(,Schinus terebinthijblius); Australian pine (C'asmirinaspp); lead tree (Leucoenu leucoeel)hala); seaside mahoe (Thespesia polmlnea); scaevola(&aevola sericea); latherleaf (Colubrina asicitica); Brazilian jasmine (Jasininwnfluminense); Guinea grass (Panicuin maxinnim); Washington fail palm (Ifoshingtonia robuso); sapodilla,(Alfanilkzira zqI)o1a); sea hibiscus(Hibiscus tiliaceus); castor bean(Ric inus coinmunks,).- wedelia (Sl)hagnelicolo,lrilobaw); oyster plant,(Traziescanlici -5 - RFP for Conti-actor Services, Invasive Exotic Plant Technician Crew, Monroe Co. Conservation Lands .V)uthacea); air potato(Dioscorea bulb ILra); red sandalwood (Adentherapallonina); woman's tongue(Albizia lebbeck);tropical almond (Terininalia catapj)a); green fountain grass (Pennisetuin seleiceum); asparagus fern (Asparagus aethiopicus); chastetree (Vittex lrifblia)and night-blooming cactus(Hylocereus undalws). These and all other invasive exotic species listed by Florida Exotic Pest Plant Council (FLEPPC) will be either hand-pulled,cut and treated, or treated in place with appropriate herbicide. Every effort shall be made to avoid damage to native vegetation and impacts to wildlife. The exotic plant species listed above will be treated according to developed effective control techniques. Depending upon the species treated and the type of habitat, Plants may be hand-pulled, treated in place, removed from site, or chipped on site. Decisions regarding specific plant treatment methods oil each site will be made by the Land Steward. The contractor is responsible for the treatment and / or removal of all exotic plant species listed, including trees, grasses, groundcovers,and vines, in any life stage (including seedlings), Ilancipulling shall be the preferred method of removal when feasible. When it is not,feasible, vegetation may be treated with herbicide kind left standing in areas where standing dead timber does not pose a threat to human safety or is not offensive to adjacent neighbors. When cutting is required, each cut plant will be cut as low to the ground as possible. Cuts will be made level to tile ground to minimize herbicide runoff prior to absorption. Ali appropriate herbicide shall be applied within one(1)minute of stump preparation. Herbicides will be applied using a low-pressure spray to minimize drift and non-target darnage. A dye shall be used to facilitate identification oftreated sterns. A I I herbicides and treatment methods must be pre-approved by the County Land Steward. All mature (brown) lead tree(Leacaena leueocel)hala)seeds will be bagged and left an the site for disposal by the County, All vegetative material from bowstring hemp (S'ansevieria hyacinthoides)must be physically removed. Resulting plant material may either be bagged or neatly piled on site(a(tlacent to the road) for Count.),pick up. The contractor may Utili7e a chipper(not required), Any mulch created will be disposed of in one of the following ways(as determined by the County Land Steward): I. Spread evenly across the site;or 2. Removed frorn 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 1 Neatly 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). The Contractor will not be required to transport off-site or pay for the disposal of any vegetative waste created by the project,unless the Contractor desires to keep the mulch. The Contractor will provide all necessary equipment to complete the prQjCCt including(but not limited to) ]land tools, chainsaws, chippers(not required),vehicles, 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 statenlents. The Contractor shall be paid according to the hourly rates established in the contract for each type of employee. No compensation shall be paid for travel time to and from the work site. The project is complete when the total cost per hour reaches S135,000 or on May 29,2015,whichever occurs first. There are no reimbursable expenses. 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 ofthe Contractor at no additional cost to the County. -6- RFP for Contractor Services, Invasive Exotic Plant Technician Crew, Monroe Co. Conservation Lands ........... ............. 'I'lle Contractor shall at all times provide all on-site ground crew supervisor that is certified by the Florida Department of Agricultural arid 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 oil a daily/weekly basis; 2) all control activities and safety on prQject sites; 3)assuring that all crews are knowledgeable of, and remain within property arid 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."I'lle 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 the County Land Steward on a regular ar basis to discuss the progress of the project arid to determine priority areas for treatment. The contractor shall complete"Daily Progress Reports for Invasive Plant Control"and "Weekly Progress Reports for luvasive Plant Control"and will submit the completed forms to the County every two weeks at a,minimum. The Monroe County Land Steward will Submit the permit application for the proposed exotic removal work, however the Contractor is required to pick tip the permit from the Monroe County Building Department and keep the permit with the crew while working oil-site. The term "technician" is used to imply specialized knowledge of iny'asive exotic plant control. All technicians working on the crew must have training in plant, identification(specifically Keys' species) and herbicide application methods. Preference maybe given to contractors with highly trained crews, including those that have herbicide licensed crew members(in the category listed above). 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 Monroe County 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 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 axed 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 oil the nature of file 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: e All equipment including but:not limited to vehicles,trailer, ATVs,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 -7- RFP for Contractor Services, Invasive Exotic Plant Technician Crew,iMonroe Co.Conservation Lands debris is not transported from the previous treatment site. Special attention will be paid to equipment that has worked at sites where Lygodium, Colton grass and other exotics specific to the mainland were treated to prevent the spread ofthese species into Monroe County. • Equipment Such as chain saws, loppers,etc. used for cut stump treatment inust be wiped down and cleaned so that they are free of debris. Prior to the commencement of the project,the contractor and the County Land Steward shall discuss the necessity for a decontamination plan. If the County requires a plan, then the contractor shall submit a brief decontamination plan in writing,to the County for approval. The decontamination plan shall identity specific decontamination procedures and decontamination sites. Decontamination protocols may vary depending upon the nature of the treatment site,type of treatment conducted at the site,and the exotic species that were treated. Failure to comply with decontamination protocols constitutes reason for contract cancellation and dismissal of the contractor. While notice to proceed will be issued as soon as possible after the contract is final, the project timeframe may be adjusted depending on seasonal conditions. All work must be completed by May 29, 2015. CONTRACTOR SELECTION AND EVALUATION PROCESS Interested firms or individuals will be evaluated and selected at a publicly-noticed meeting by a selection committee composed of the Monroe County Land Steward, the Executive Director of the Monroe County Land Authority and a representative from Monroe County Environtriental Resources (or their designees). The committee will evaluate responses based on the following criteria: 1. Past record and experience of firm on similar invasive exotic removal projects. (20 pis) 2. Technical, educational,and training experience of the assigned staff and any anticipated subcontracted staff. (20 pts) 1 Ability to start immediately upon notice to proceed and ability to complete project by May 29— considering size of Brew„ available equipment;etc. (10 pt's) 4. Cost per man hour(20 pts) 5. Familiarity with general project area and Florida Keys invasive exotic species. (10 pts) 6. Project approach reflects clear understanding of pro'ject needs and necessary activities. (10 pts) 7. Local business preference: respondent,has a Monroe County business tax receipt and a physical businessaddress within M01,1170C County(see Local Preference I"orm). (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 Invasive Exotic Plant Technician Crew to work on Monroe County Conservation Lands". The cover page should contain Respondent's name,address, email address,telephone number, and the name of the Respondent's contact person, include a telephone number for the contact person if different from Respondent's. B. TABBED SECTIONS TAB 1. General Information. -8 - RFP for Contractor Services, Invasive Exotic Plant'rechnician Crew, Monroe Co. Conservation Lands .............. a. Record of perf'ormatice 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 staffalid any anticipated subcontracted staff. Include the proposed function(s) Of subcontractors. c. Copies of crew supervisors' State license for herbicide application, d. A list of equipment/tools that are available to be used on the prQject. e. Prqject Approach. Provide a description including a statement that reflects a clear understanding of pro.ject needs based oil the description above and a work plan that details the approach. f. Specify the nlinimuni/maximurn 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 tile Keys, specify what arrangenlents 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 oil total cost per hour up to $1.35,000. 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 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,ret'erences. Each reference shall include, at,a minimum: Name and fill] address,of reference organization Name of Contact person for contract Telephone number(s) Date of initiation of contract Nvith reference Brief summary comparing the referenced services to these proposed set-vices Alternatively, each Respondent may Submit as re&rences: 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, priticipals,, entity, or any entity previously owned, operated or directed by ally 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; b. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against,tile person, principal of the entity, or entity, or zany 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 iti 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 -9- RFP for Contractor Services, Invasive Exotic Plant Technician Crew, Monroe Co. Conservation Lands County or been stied 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 officer, general partner, principal, controlling shareholder or major creditor of the person or entity was all officer,director, general partner, principal, controlling shareholder or major creditor of any other entity that failed to perfonn set-vices or furnish goods similar to those SOUght in the request for competitive solicitation; TAB 4. Respondent's Background Information a. 111CIUde a list of the Respondent's shareholders with 5% or more of the stock, or, if a general partnership,a list of the general partners; or, if a limited partnership, a list of tile members. 1). Include a list of the officers and directors of the Respondent. 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 tinder its present name and the number of years the business has operated under any other name, and such names under which it has operated. c. Answers to the 1`611OWing Must be provided: (i) Has the Respondent ever failed to complete work, tbr which it has contracted'? If so provide details. (ii) Flas the Respondent been a party within the last five years to a lawsuit or arbitration? If so, provide details. (iii) Flas the Respondent ever initiated litigation against Monroe County or been stied 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 set-vices 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 thisRFP,as well as copies of all professional and occupational licenses: , 1. Submission Response Form 11. Lobbying and Conflict of Interest Clause 111. Non-Collusion Affidavit IV. Drug Free Workplace Form V. Public F"Mity Crime Statement vl. L,ocal Preference Form (if applicable') VII. Respondent's Insurance,and Indemnification Statement Vill. Insurance Agent's Statement, and IX. Copies ofprofessional licenses and prool'of local business tax payment 1.02 COPIES OF PROPOSAL DOCUMENTS A. Only complete sets of Proposal DOCUMe1ltS will be issued and shall be used ill 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. - 10- RFP for Contractor Services, Invasive Exotic Plant Techn ici an Crew, Monroe Co.Conservation Lands 1.03 PROPOSAL REQUIREMENTS See Notice of Request for Proposals. Interested firms or individuals are requested to indicate their interest, by submitting a total of six (6), two (2) signed originals and four(4) complete copies of their proposal in a scaled package marked oil the outside, "Proposal — Invasive Exotic Plant Removal Crew to work on Monroe County Conservation Lands", addressed to Monroe County Purchasing Department, I 100 Simonton Street, Room 2-213, Key West, FL 33040, on or bet'()re 3:00 P.M. local time on xxxxxxxx. No proposals will be accepted after 3:00 P.M. Faxed or e-retailed Proposals will be automatically rejected. A bid bond is not required. Payment and performance bonds are not required. There are no liquidated damages. There is no pre-bid meeting. 1.04 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 oil the convicted vendor list following a. conviction for a. public entity critne 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 tinder 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 mouths 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 CLA(JSE 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, 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 perfortried tinder the contract. Ignorance oil the part of the Respondent will in no way relieve them of the obligations and responsibilities assurned tinder the contract. - I I - RFP for Contractor Services, Invasive Exotic Plant'Fechnician Crew, Monroe Co.Conservation Lands B. Should a Respondent find discrepancies or alubiguities, 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 ADDENDA No oral interpretations will be made to any Respondent as to the meaning of the contract documents. Any inquiry or request for interpretation received seven (7) or more days prior to the date fixed for opening of responses will be given consideration. All such changes or interpretation will be made in writing in the form of all addendum and, if issued, will be mailed or sent by available means to all known prospective Respondents prior to the established Proposal opening date. Each Respondent shall acknowledge receipt of such addenda in their Proposal,. In case any Respondent fails to acknowledge receipt of such addenda or addendum, his response will nevertheless be construed as though it had been received and acknowledged and the submission of his response will constitute acknowledgment of the receipt of same. All addenda are a part of the contract documents and each Respondent will be bound by Such addenda, whether or not received by him. It is the responsibility of each Respondent to verify that lie has received all addenda issued before responses are opened. 1.07 GOVERNING LAWS AND REGULATIONS The Respondent is required to be familiar with and shah' be responsible for,complying with all federal, state, and local laws, ordinances, rules,and regulations that in any manner affect the work. 1.08 PREPARATION OF RESPONSES Signature of the Respondent: The Respondent Must Sigu the response forms in the space provided for the signature. If the Respondent is all individual, the words,"doing business as or "Sole Owner" must appear bericath such signature. In the case of partnership, tile signature of at least one of the partners must follow the firm nairle and the words "Member of the I`irm" 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 111LIst 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 tile Respondent is an L,LC, 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 ill 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 anyone for the premature opening of a response not property 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 illay be deemed best for the interests of tile 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 - 12- RFP for Contractor Set-vices, Invasive Exotic Plant Technician Crew, Monroe Co. Conservation Lands document[I 1_1_____.__ every respect with the Instructions, and the contract , may be rejected at the option of the County. 13. 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 titne 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 purcha'sed by the County. D. The County iriay 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 Conti-act Documents to the County's satisfaction within the prescribed tintie. 1.12 AWARD OF CONTRACT A, The County reserves the right to waive any informality in any, response, or to re- advertise for all or part of the work contemplated. If responses are found to be acceptable by the Owner, written notice will be given to the selected Respondent of the award of contract(s). B. If the award of a contract is annulled, the County may award the contract to another Respondent or the work may be re-advertised or may be performed by Other clualified personnel.as the County decides. C. A contract: will be awarded to the Respondent deemed to provide the services which are in the best interest,of the County, considering price, qualifications, time frame, and other factors deemed relevant. D� The County also reserves the right to reject the response of a Respondent who has previously failed to perform properly or to complete contracts of,a similar nature Oil time. E. The recommendations of the County Administrator or his designee, will be presented to the Board of County Commissioners of Monroe County, Florida, for final awarding or otherwise. 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 Set-vices, Invasive Exotic Plant Technician Crew,Monroe Co. Conservation Lands 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 INVASIVE EXOTIC PLANT TECHNICIAN CREW TO REMOVE INVASIVE EXOTIC PLANT SPECIES FROM MONROE COUNTY CONSERVATION LANDS Tf I IS CONTRACT is made and entered into this day of by MONROE COUNTY ("COUNTY"), a political subdivision of the State of Florida, whose address is the Marathon Government Center,2798 Overseas Highway, Marathon, Florida, 33050, and ("CONTRACTOR"), whose address is Section 1. SCOPE OF SERVICES The CONTRACTOR shall do, perform and carry out in,a professional and proper manner certain duties as described in the Scope of Services Exhibit A .which is attached hereto and made a part of this agreement. Section 2. COUNTYS RESPONSIBIUTIES 2.1 Provide all best available data and base maps as to the COUNTY'S requirements for Work Assignments. Designate in writing a person ("Contract Manager") with authority to act oil the COUNTY'S behalf on all matters concerning the Work Assignment. 2.2 Furnish to the CONTRACTOR all existing plans, studies,reports, and other available data pertinent to the work, and obtain or provide additional reports and data as required by the CONTRACTOR. The CONTRACTOR shall be entitled to use and rely upon such itil'ormation and services provided by the COUNTY or others in performing the CONTRACTOR'S services. 2.3 Arran'ge 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 set-vices 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, not-shall it provide a basis for termination of the contract. ,In the event that such access is so obstructed, CONTRACTOR and COUNTY shall work together to resolve the difficulty in a timely manner. 2.4 Perform such other functions as are indicated in Exhibit A. 15 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 it 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- RI"P for Contractor Services, Invasive Exotic Plant"Fechnician Crew, Monroe Co. Conservation I.ands Section 4. COMPENSATION 4.1 The maximum compensation available to the CONTRACTOR under this agreement is $135,000 00. The COUNTY agrees to pay the CONTRACTOR based on completion of work within the Scope of Service according to progress reports and other documentation to show the hours expended by each of the CONTRACTOR'S staff. There will be a 5%retainage by COUNTY until the kill rate requirements established in the Scope of Services are satisfied. Because the work must be completed by May 29, 2015, compensation shall be only for the amount of work completed,regardless ofthe cause of any delay, 4.2 The hourly billing rates of the CONTRACTOR,expected to include all costs including travel, equipment, and administrative costs, used in calculating the compensation due are: .................... Position Rate in Dollars) Certified S Crew Supervisor(for example) e Trained 'Fechnician (for exapVlq, ................................ ............ Section 5. PAYMENT TO CONTRACTOR 5.1 Payment will be made according to the Local Government, Prompt Payment Act. Any request for payment must be in a form satisfactory to the County Clerk (Clerk). The request must describe in detail the services performed and the payment amount requested. The CONTRACTOR must submit to the COUNTY Project Manager, who will review the request, The Project Manager shall note his/her approval on the request and forwa'rd it to the Clerk for payment. If request for payment is not approved, the Project Manager must inform the CONTRACTOR in writing that must include an explanation of the deficiency that caused the disapproval of the request. 5.2 CONTRACTOR shall submit invoices with progress report of activities on a weekly or otherwise regular basis until the work under this agreement is completed. 5.3 Continuation of this contract is contingent upon annual appropriation by Monroe County. Section 6. CONTRACTTERNTINATION Either party may terminate this contract because of the failure of the other party to perform its obligations under the Contract. COUNTY may terminate this contract for any reason upon fifteen (15) days notice to the CONTRACTOR. COUNTY shall pay CONTRACTOR for work performed through the date of ternlination. 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 CON,rRACTOR. 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. SLICII 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 - 15- RFP,for Contractor Set-vices, Invasive Exotic Plant Technician Crew, Monroe Co. Conservation Lands subsequent Work Assignment without the written consent of the COUNTY, except to the extent that any assignment, subletting, or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to any assignment, no assignment will release or discharge the assignor from any duty or responsibility under this agreement.. Section 8. NOTICES All notices, requests and authorizations provided for herein shall be in a signed document and shall be hand delivered, or mailed, certified / registered / return receipt requested, or sent by courier service with a signed receipt, to the addresses as follows: "I'o the COUNTY: Christine Hurley, Division Director Monroe County GrowthManagement Division 2798 Overseas Highway, Suite 410 Marathon, Florida 33050 Roman Gastesi,County Administrator 1100 Simonton Street, Suite 205 Key West, Florida 33040 To the CONTRACTOR: or addressed to either party at such other addresses as such party shall hereinafter furnish to the other party in writing. Each such notice, request, or authorization shill be deemed to have been duty given when so delivered, or, if mailed, when deposited in the mails, registered, postage paid. Section 9. RECORDS CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement, or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for,public records purposes during the term of the agreement and for four years following the termination of this Agreement. if art auditor employed by the COLJNTY or Clerk determines that moneys paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the moneys together with interest calculated pursuant to See. 55,03, FS, running from the date the monies were paid to CONTRACTOR, Section 10. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020-1990 The CONTRACTOR warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of"Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision the COUNTY rimy, 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, Invasive Exotic Plant Technician Crew, Monroe Co. Conservation Lands ...................................... Section It. CONVICTED VENDOR A person or affiliate who has been placed can the convicted vendor list following a conviction for public entity crime may not submit a bid oil 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 arnount 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 l�,"lorida 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 declare(] invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, condition's 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 ternis, covenants, conditions and provisions of this Agreement Would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. Section 14. ATTORNEY'S FEES AND COSTS The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable ,attorney's fees, court costs, investigative, and out-of-pocket \expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. This Agreement is not subject to arbitration. Section 15. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. Section 16. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Section 17. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution call be agreed upon - 17- RFP for Contractor Services,Invasive Exotic Plant"Technician Crew, Monroe Co. Conservation Lands 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 Linder this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. Section 19. NONDISCRIMINATION COUNTY and CONTRACTOR agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by I court, ofcornpetent jurisdiction that, discrimination has occurred, this Agreement automatically terminates without any fin-ther action' ,on the part of any party effective the date of the court order. COUNTY or CONTRACTOR agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination, These include but are not limited to: Title VII ofthe Civil Rights Act of 1964 (PL 88!r352) which prohibits discrimination on the basis of race, color or national origin; "Title IX of the Education Amendment of 1972, as amended(20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination oil the basis of sex; Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination oil the basis of handicaps; The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; Tire Drug Abuse Office' and Treati-nent Act of 1972 (Pt, 92-255), as amended, relating to nondiscrimination on the basis of drug abuse;The Cornprellensive Alcohol Abuse and Alcoholism Prevention, Treatment and, ,Rellabilitation Act of 1970 (PI, 91-616), as amended, relating to nondiscrimination out the basis of alcohol abuse or alcoh'olism; The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; Title Vltl of they Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of,housing; The Arnericalls with Disabilities Act of 1990 (42 LJSC s. 12(1,I Note), as may be amended frorn time to time, relating to nondiscrimination on the basis of" disability; Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to,or the subject matter of,,this Agreement. Section 20. COVENANT OF NO INTEREST COUNTY and CONTRACTOR covenant that neither presently has any interest, and shall not acquire ally interest, which would conflict,in any manner or degree with its performance tinder this Agreement, and that only interest of each is to per6orm and receive benefits as recited in this Agreement. Section 21. CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 1123 13, 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 rise of certain information. Section 22. NO SOLICITATION/PAYMENT The COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it,to solicit or secure this Agreement and that it has not paid or agreed to pay any per-son, company, corporation, individual, or finn, other than a - 18- RF11 Ibr Contractor Services, Invasive Exotic Plant Technician Crew, Monroe Co. Conservation Lands .......... ............. bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting front the award or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at, its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage,gift, or consideration. Section 23. PUBLIC ACCESS Pursuant to F.S. 119.070 1, Contractor and its subcontractors shall coniply with all public records laws of the State of Florida, including but riot limited to: (a) Keel)and maintain public records that ordinarily and necessarily would be required by Monroe County in order,to perform the service. (b) Provide the public with access to public records on the terms and conditions that Monroe County would provide the records and at a cost that does not exceed the cost provided in Florida Statutes, Chapter H 9 or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to Monroe County all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to Monroe County in,a format that is compatible with the information technology systems of Monroe County. (e)The county shall have the right to Unilaterally cancel this Agreement upon violation of the provision by contractor. Section 24. NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the COUNTY and the CONTRACTOR in this Agreement and the acquisition of any cornmercial liability insurance coverage, self- insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. Section 25. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability,workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNrY shall apply to the same degree and extent to the performance of'such function's and duties of'such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. Section 26. LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. ]'his Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. Section 27. NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon tile 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 set-vice or program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor the - 19- RFP for Contractor Services, Invasive Exotic PlantTechnician Crew, Monroe Co. Conservation Lands ..................__........... CONTRACTOR or any agent,officer,or employee of either shall have the authority to inlorm, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to,or superior to the community in general or for the purposes contemplated in this Agreement. Section 28. ATTESTATIONS CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, to include a Public Entity Crime Statement,an Ethics Statement, and a Drug-Free Workplace Statement. Section 29. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this'Agreement or be Subject to any personal liability or accountability by reason ofthe execution of this Agreement. Section 30. EXEcu'nON IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. Section 31. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision ofthis Agreement. Section 32. INSURANCE POLICIES 32.1 General ljisura,ii,ce Requirements f'or Contractors aiidStibcoiitractors As a pre-requisite of the work governed, or the goods supplied under this contract (including tile pre-staging of personnel and material), the CONTRACTOR shall obtain, at his/her ovvii expense, insurance as specified in any attached schedules, which are made part of this contract. The CONTRACTOR will ensure that tile insurance obtained will extend protection to all Subcontractors engaged by the CONTRACTOR. As an alternative, the CONTRACTOR may require all Subcontractors to obtain insurance consistent with the attached schedules. The CONTRACTOR will not be permitted to commence work governed by this contract (including pre- staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the COUNTY as specified below. Delays in the commencement of work, resulting from the failure of the CONTRACTOR to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failture to perform assessments shall be imposed as if the work commenced oil 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 failtire 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. -20- RFP for Contractor Services,Invasive Exotic Plant Technician Crew, Monroe Co.Conservation 1-ands The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required insurance, either: • Certificate of Insurance 01' • A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of`any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30)days prior notification is given to the County by the insurer, The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners,its employees and officials will be included as "Additional Insured" on all policies, except for Workers'Compensation. 32.2 INSURANCE REQUIREMENTS FOR CONTRACT BET WEE-N COUNTY AND CONTRACTOR Prior to the commencernent 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 rnininiurn limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split bruits are provided, the rnimmurn limits acceptable shall be: $200,000 per Person $300,000 per Occurrence $ 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which clairns may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 32.3 VEHICLE LIABILITY INSURANCE REQUIREMENTS Recognizing that the work governed by this contract requires the use of vehicles, the CONTRACTOR, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a ininifullul, liability coverage for: 0 Owned, Non-Owned, and Hired Vehicles _21 - RFP for Contractor Services,Invasive Exotic Plant Tecliniciaii Crew, Monroe Co. Conservation Lands 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 The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements, 32.4 WORKERS' COMPENSATION INSURANCE REQUIREMENTS Prior to commencement of work governed by this contract, the CONTRACTOR shall obtain Workers' Compensation Insurance with limits SLIfficient to respond to the applicable state staftites. In addition, the CONTRACTOR shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily InJury by Disease, policy limits $100,000 Bodily InJury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact,business in the state of Florida. If the CONTRACTOR has been approved by the Florida's Department of Labor as an authorized self-insurer, the COUNTY shall recognize and honor the CONTRACTOR's status. The CONTRACTOR may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the CONTRACTOR's Excess Insurance Program. If the CONTRACTOR participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONTRACTOR may be required to submit updated financial statements from the fund upon requestt from the County. 32.5 POLLUTION LIABILITY INSURANCE REQUIREMENTS The CONTRACTOR shall purchase and maintain, throughout the life of the contract, Pollution Liability insurance which will respond to bodily injury, property damage, and environmental damage casued by a pollution incident. The minimum limits of liability shall be: $500,000 per Occurrence/$1,000,000 Aggregate If coverage is provided on a claims made basis, an extended claims reporting period of four(4), years will be required. Section 33. INDEMNIFICATION Notwithstanding any rninirnurri 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 01- 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 Conti-actor or any of its employees, agents, contractors in any tier or -22- RFP for Contractor Services, Invasive Exotic Plant Technician Crew, Monroe Co.Conservation Lands 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) Conti-actor's default ill respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claitris, 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 circurnstances 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. I'll 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 cornpletion of the project(including the work of others) is delayed or suspended as a result of the Contractors 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 tell dollars ($10.00)of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced,or lessened by the insurance requirements contained elsewhere within this agreement. Section 34. INDEPENDENT CONTRACTOR At all times and for kill purposes hereunder, the CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners. No statement contained in this agreement shall be construed so as to find the CONTRACTOR or any of his/her employees, contractors, servants or agents to be employees of the Board of County Commissioners for Monroe County. As an independent contractor the CONTRACTOR shall provide independent, professional judgment and comply with all federal, state, and local statutes, ordinances, rules and regulations applicable to the services to be provided. The CONTRACTOR shall be responsible for the completeness and accuracy of its work, plan, Supporting data, and other documents prepared or compiled under its obligation for this project, and shall correct at its own expense all significant errors or omissions therein which may be disclosed. The cost of the work necessary to correct those errors attributable to the CONTRACTOR and any damage incurred by the COUNTY as a result of additional costs caused by such errors shall be chargeable to the CONTRACTOR. This provision shall not apply to any maps, official records, contracts, or other data that may be provided by the COUNTY or other public or semi-public agencies. Section 35.DELAY The CONTRACTOR agrees that no charges or claims for darnages shall be made by it for any delays or hindrances attributable to the COUNTY during the progress of any portion of the services specified in this contract. If possible, such delays or hindrances, if any, shall be compensated for by the COUNTY by an extension of time for a reasonable period for the CONTRACTOR to complete the work schedule. Such an agreement shall be made between the parties based on funding availability. Section 36. TERMINATION OF WORK AND EXTENSION The work under this Contract is to be completed by May 29, 2015 or upon reaching the amount of$135,000. After May 29, 2015, this Contract may be extended by mutual consent upon the same terms for two (2) additional, future grant funding cycles, whether for a greater or smaller sum, and using a different completion date, contingent upon County's receipt of grant funds specifically for the purposes set forth herein. -23 - RFP for Contractor Services, Invasive Exotic Plant'Cechnician Crew, Monroe Co.Conservation Lands IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed can the day of 201 (SEAL) BOARD OF CwOUN C'Y COMMISSIONERS Attest. AMY HLAVILIN, CLERK OFMONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairman (CORPORATE SEAT,) (Name of'C;ontractor) ATTEST. ST. _....... By ...._ .�. Icy _. -24- RFP for Conti-actor Services, Invasive Exotic Plant Technician Crew, Monroe Co. Conservation Lands ............... .................. EXHIBIT A SCOPE OF SERVICES PROJECT HISTORY Monroe County currently owns or manages approximately 2,000 acres of conservation lands throughout the Keys. The purpose of tile current project is to maintain the COUnty's properties that have been previously treated for invasive plants and to treat small infestations of exotics. Monroe County has received funding from the Florida Fish & Wildlife Conservation Commission, Invasive Plant Management Section, in the arnount of$125,000 to fluid an invasive exotic plant technician crew to work on County parcels selected by the Monroe County Land Steward. In addition,the County is providing a local match of$10,000, bringing the total funds available for the project to $135,000(not to exceed). Work must be completed by May 29, 2015. PROJECT LOCATION Lands in this project area consist Of public conservation lands located throughout the 1,lorida Keys either owned or managed by Monroe County, Monroe County owns approximately 2,000 acres of scattered conservation lands throughout the Florida Keys. This prcject will target a portion,of those properties in the areas identified below (tile majority ofthe sites are within the Lower Keys area): Upper Keys: Key Largo;Tavernier Middle Keys: Crawl Key; Fat Deer Key Lower Keys: Sugarloaf Keys; Cudjoe Key; Surnmerland Key; Ramrod Key; Torch Keys; Big Pine Key Most, individual parcels are only 0.1 acres in size, but many are contiguous and combine to form much larger management units. The mliority Of the sites are located in neighborhoods,,adjacent to residences, and easily accessed by roads. Level of intestation varies by site, but since most ofthese sites have been previously treated, most sites will be less than 10% covet-age of invasive exotic vegetation. Location maps of the project area are'attached as Exhibit 1. 'file selected contractor will be given more detailed aerial maps of the work sites. SCOPE OF,WORK Tile project consists of the physical removal of invasive exotic plant species Occurring on selected Monroe County conservation lands, utilizing berbicide as necessary. Tile work will be completed by the contractor's ground crew comprised of up to eight(8) invasive plant technicians(including the crew supervisor). The contractor will manage the project including the scheduling, subcontracting as necessary, labor, monitoring and reporting progress. Additionally,the contractor will provide all necessary training, equipment, supervisory and administrative support for the technician crew. All work is to be completed using hand tools (no heavy equipment required). ' The County will supply location rnaps,of project sites. The contractor must,have GPS equipment and trained field staff to enable accurate field verification of property boundaries and to provide accurate mapping of areas treated. At the end of the project, the contractor- will provide the County with GIS shapefile data indicating the total area surveyed. The contractor will work closely with the County Land Steward to identify sites where only boundary or edge treatments are necessary and sites where a thorough inspection of the entire site is required. '1"he work requires a knowledgeable crew of technicians who can "sweep"County properties and remove only the invasive exotic plant species found on the sites. The technicians must have demonstrated knowledge in identification of Florida Keys' species, both native and exotic, including those closely related species. -25- RFP for Contractor Services, Invasive Exotic Plant Technician Crew, Monroe Co. Conservation Lands ................_.................. ...................... e contracted crew's priorities will include: maintaining previously treated exotic removal sites free of exotics; conducting sweeps of large conservation areas, looking for new infestations; and the removal of small infestations of exotics frorn recently purchased conservation lands. The contractor shall notify the County Land Steward when it Finds infestations of invasive exotics that are either too large for the crew to handle or trees that may be potentially hazardous to remove(i.e. near power lines or neighbors' structures). The contractor shall provide information to the County on the approximate dimensions of the infestation and the location. Target species include: Brazilian pepper(,1k,,hinus terebinthifiblius); Australian pine(Casuarinaspp); lead tree (Leucaena leucocephala); seaside mahoe(Thvsj,resia popuhwa); scaevola(&aevola sericea); latherleaf (Colubrina asialica); Brazilian jasmine(,Ici,5ininztt)i.flunii,'tiense); GUinea,grass(Panicum maximum); Washington fan palm (Washinglonia robusla); sapodilla(Alanilkara,zapota); sea hibiscus(Hibiscus liflaceus); castor bean (Ricinus communis); wedelia(,I)hagrnelicola trilobata); oyster plant(Tradescanlia sliathacea); air potato(Dioscoreo bulb fera), red sandalwood (Adenthe-rqpavonina); woman's tongue (Albizia lebbeck);tropical almond (Ternfinalia calapl)a); green fountain grass(jletinisetuin selaceum); asparagus fern (Asparagus aethiopiciis); chastetree(Vile.v trifiblia)and night-blooming citctus,(Ilylocereus undalus). These and all other invasive exotic species listed by Florida Exotic Pest Plant Council(FLEPPQ will be either hand-pulled,cut and treated, or treated in place with appropriate herbicide. Ev&ry effort shall be made to avoid damage to native vegetation and impacts to wildlife, The exotic plant species listed above will Abe treated according to developed effective,control techniques. Depending upon the species treated and the type of habitat, plants may be hand-pulled, treated in place, retrieved from site, or chipped on site. Decisions regarding specific plant treatment methods on each site will be made by the Land Steward. The contractor is responsible for the treatment and / or removal of`all exotic plant species listed, including trees,grasses, groundcovers,and vines, iriany life stage(including seedlings). f-landpUlling shall be the preferred method of removal when feasible,,,,When it is not feasible, vegetation may be treated with herbicide acid left standing in areas where standing dead timber does not pose a threat to human safety or is not offensive to adjacent neighbors. When cutting is required, 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. An appropriate herbicide shall be applied within one(1) minute of stump preparation. Flerbicides:,will be applied using a low-pressure spray to minimize drift and non-target damage. A dye shall be used to facilitate identification oftreated stems. All herbicides and treatment methods must be pre-approved by the County Land Steward. All mature(brown) lead tree (Leueaena leucocephalet) seeds will be bagged and left on the site for disposal by the Count),. All vegetative material from bowstring hernp(Sansevierio hycicinthoides) must be physically removed. Resulting plant material may either be bagged or neatly piled on site(adjacent to the road) for County pick tip. The contractor may utilize a chipper(not required). Any mulch created will be disposed of in one of the following ways(as determined by the County Land Steward): 4. Spread evenly across the site; or S. Removed from the site by the Conti-actor, at no expense to the County for the removal (if the Contractor wants the mulch for their own purposes); or 6. Neatly 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). The Conti-actor will not be required to transport off-site or pay for the disposal of any vegetative waste created by the project,unless the Contractor desires to keep the mulch. The Conti-actor will provide all necessary equipment to complete the project including(but not limited to) hand tools, chainsaws, chippers(not required), vehicles, sprayers, garbage bags and personal protective -26- RFP for Contractor Services, Invasive Exotic Plant Technician Crew, Monroe Co. Conservation Lands ................— equipment. The Contractor will also provide all materials for treatment(including herbicide and adjuvants) and ensure proper disposal of herbicide and adjuvant containers and will strictly adhere to all herbicide label application, precautionary, and safety statements. The Contractor shall be paid according to the hourly rates established in the contract for each type of employee. No compensation shall be paid for travel time to and from the work site. The project is complete when the total cost per hour reaches$135,000 or on May 29,2015,whichever occurs first. There are no reimbursable expenses. 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. 'rhe Contractor shall at a]I 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 bepartnient'of Agriculture and Consumer Services in the Natural Areas category.The County reserves the right to'disqpalify 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 resolvedly mediation, onsent Order, or fine within the two(2) previous years. Crew supervisors must meet with the County Land Steward on a regu'lar basis to diSCUSS the progress of the project and to detert'nine, priority areas,fbr treatment. The contractor shall complete "Daily Progress Reports for Invasive Plant Control"and"Week]y Progress Reports for Invasive Plant Control"and will submit tile completed forms to the County every two weeks at a minimum. The Monroe County Land Steward will submit the permit It application for the proposed exotic removal work, however the Contractor is required to pick up thepermit from the Monroe County Building Department and keep the permit with the crew while working on-site. The term "technician" is used to ituply specialized knowledge of invasive exotic plant control. All technicians working on the crew must have training in plant identification (specifically Keys' species)and herbicide application methods. Preference may be given to contractors with highly trained crews, including those that have herbicide licensed crew members(in the category listed above). The contractor must hold alvalid 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 Monroe County 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 certificate prior to bid submission. Additional plant treatment or removal and notiplant debris removal may be added to the prcJect 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: -27- RIT for Contractor Services, Invasive Exotic Plant Technician Crew, Monroe Co. Conservation Lands • Mandatory decontamination protocols must be followed for vehicles and equipment prior to entering Monroe County from areas outside of the County. • When moving equipment frorn 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 their tire contractor must utilize a designated decontamination site within Monroe County. 'rhe 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 rnud, vegetative debris and other debris is not transported frorn the previous treatment site.,Special,attention will be paid to equipment that has worked at sites where Lygodiurn, 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 the pro'ject,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 decon tarn i nati oil plan in writing, to the County for approval. 'I'he decontamination plan shall identity specific decontamination procedures and decontamination sites. Decontamination protocols may vary depending upon the nature of the treatment site, type of treatment conducted at the site,and the exotic species that were treated. Failure to comply with decontamination protocols constitutes reason for contract cancellation and dismissal of the contractor. While notice to proceed will be issued as soon as possible after the contract is final,the project timeframe may be adjusted depaendin, our seasonal conditions. All work.must be completed by May 29,2015. 9 -28- RFP for Contractor Services, Invasive t,'Ixotic Plant Technician Crew,Monroe Co.Conservation Lands ............ SECTION THREE: COUNTY FORMS Please follow the instructions to respondents spec�fred in Section I "Contractor Selection and Evaluation Proca5s 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 Fong • Public Entity,Crime Statement • Insurance and Indemnification Forms • Local Preference Form(if applicable) In addition, I have included a Current copy of the following professional and occupational licenses. List all personnel and price per man-hour, inclusive of all travel,administrative costs,arid 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 I Court date —-—-------------— ............. Mailing Telephone: Enlafl: Fax: Date: Signed: (Sea]) (Name) ............... (Title) STATE OF: COIJNTY'OF: Subscribed and swoni to(or affirmed)before nic on (date)by (Warne of affi jant) me. I le/She is personally known to e or has produced (type of identification)as identification. NOTARY PUBLIC My Commission Expires: -29- RFP for Contractor Services,Invasive Exotic Plant Techniciati Crew,Monroe Co.Conservation Lands LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY",FLORIDA ETHICS CLAUSE _--____............................. (Company) ...... _.m. ip y) "...warrents that lie/it has not employed, retained or otherwise had act on his/leer behalf any former County officer or employee in violation of Section 2 of Ordinance No 104990 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 tnay also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover,the frill amount of any fee, commission, percentage, gilt, or consideration paid to the fortifier County officer or employee." (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to(or affirmed)before me on ... ...(date)by (name of affiant:). Fle/Slie is personally known to me or has produced _....,, _.......... . .... ...... _....____ (type of identification)as identification. NOTARY PUBLIC My Commission Expires: -30- RFP for Contractor Services, Invasive Exotic Plant Technician Crew,Monroe Co. Conservation Lands ------------------------------------------ NON-COLLUSION AFFIDAVIT of the city of....... —------ according to law on my oath, and under penalty of pe<jury, depose and say that 1 1 am of the firm of the bidder making the Proposal for the project described in the Request for Proposals for ...............-.—, and that I eXCCLIted the said proposal with full authority to do so; 2. the prices in this bid have been arrived at independently without collusion, consultation, coin mun ication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3. unless otherwise required by law,the prices'which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly,to any other bidder or to any competitor; and 4, no attempt has been made or will be made by the bidder to induce any other pet-son, partnership or corporation to submit, or not to submit,a}aid I*or the purpose of restricting competition; 5. the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said prQject. (Signature) Date: STAI"I 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: -31 - RFl) for Contractor Services, Invasive Exotic Plant Technician Crew, Monroe Co. Conservation Lands DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) I. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 1 Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug Counseling, rehabilitation, and employee assistance programs, and the penalties that may be impqosed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commoditieg,or contractual services that are tinder bid a copy ofthe statement specified in subsection(I 4. In the statement specified in subsection (1), notify,the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenderre to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, Im- a violation occurring in the workplace no later than,five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the ernpl6yeel's community , or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized ,to sign the statement, I certify that this firm complies fully with the above requirements. (Signature) Date: STATE OF: COUNTY OF: ............... Subscribed and sworn to(or affirmed) before me oil (date)by (name of affiant). I.-le/She is personally known to me or has produced (type of identification)as identification. NOTARY PUBLIC My Commission Fxpires-. -32- RFP for Contractor Services, Invasive Exotic Plant.Technician Crew,Monroe Co. Conservation Lands PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a, conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, rnay 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 arnOUnt provided in Section 287.017, for CATEGORY TWO for a period of 36 months fro the date of being placed on the convicted vendor list." I have read the above and state that neither (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. (Signature) Date: STATE OF: COUNTY OF- Subscribed and sworn to(or affirmed)before me on _(date) by (name ofaffiant). fle/She is personally known to trie or has produced (type of identification)as identification. ................................................................. NOTARY PUBLIC My Commission Expires: -33 - RFP lot-Contractor Services, Invasive Exotic Plant Technician Crew, Monroe Co. Conservation Lands LOCAL PREFERENCE FORM A. Vendors claiming a local preference according to Ordinance 023-2009 must complete this form. Failure to complete this form will result in disqualification from receiving local vendor preference. Name of Bidder/Responder—,---------------------..... . ........... Date:... 1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least one year prior to the notice or request for bid or proposal? , . .(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 Count y?_____ List Address: Telephone plumber:-,................. B. Does the vendor/prime contractor intend to subcontract 5M or snore 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 year prior to the notice or request for bid or proposal. 2. Subcontractor Address within Monroe County from which the subcontractor operates: Tel, Number Print Name: .............................................. ............... 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 ------ .......----------------...........-1 known to me to be the pet-son whose name is subscribed above or who produced -------- identification, and acknowledged that he/she is the person who executed the above Local Preference Form for the purposes therehi contained. --....................... Notary Public .................................................................... Print Name My commission expires:..__ Seal -34- RFP for Contractor Services, Invasive Exotic Plant'reclinician Crew,Monroe Co.Conservation Lands 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 !Torn 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, (13) the negligenice,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 fi-om,the intentional or sole negligent acts or negligent acts in part or ornissions of the COLNTY 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 terin of this Agreement or arty earijer 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 re4uirQd insurance,the Contractor shall indemnify the County from any and all increased expenses resulting from ,,rich delay. In the event the completion of the pr(�jeet(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 ('rotil 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. - 35 - RFP for Contractor Services, Invasive.Exotic Plant Technician Crew, 'Monroe Co. Conservation Lands 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 tinder,this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at his/her owili 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 enga dd by the Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence wOrk governed by this contract (including pre-staging of personnel and material) tuttil satisfactory evidence of the required insurance has been.furnished to the County as specified below. Belays in the commencentent of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shah not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced oil the specified date and time,, except f=or 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 coinply 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 reSUIting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if'the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor shall provide, ;to the County, as satisfactory evidence of the; required insurance, either: • Certificate of Insurance Or • A Certified copy ofthe actual insurance policy. The County, at its sole option, has the right:to request a certified copy of arty or all insurance policies required by this contract. -36- RF11 for Contractor Services, Invasive Exotic Plant Technician Crew,Monroe Co. Conservation Lands ...........-- __ 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 foram entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. -37- RFP for Contractor Services, Invasive Exotic Plant Technician Crew,Monroe Co.Conservation I.,ands WORKERS' COI!l'PENSATION INSURANCE REQUIREMENTS FOR CONTRACT : BETWEEN 1MONROE COUNTY, FLORIDA AND Prior to the commencernent: of work governed by this contract, the Contractor shall obtain Workers' Corripensation Insurance with limits sufficient to respond to the applicable state statues. [it addition,the Contractor shall obtain Employers' Liability Insurance with limits of not less than. $100,000 Bodily Injury by.accident $500,000 Bodily Injury by Disease, policy limits $1.00,000 Bodily Injury by Disease,'each employee Coverage shall be maintained throughout the entire terra 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 art 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. 11' 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. -38- It.IT for Contractor Services,Invasive Exotic Plant Technician Crew, Monroe Co.Conservation lands GENERAL LIABILITY INSURANCE REQUIREMENTS :FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prier to the commencement of work governed b,y,t is contract, theContractor shall obtain General l...iability Insurance, Coverage shall be maintained throughout the life of the contract and include, as a. minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal. Injury Liability • Expanded Definition of Property Damage The minimum limits acceptable shall be; $300,000 Combined Single Limit(C L) if split limits are provided,the minimum limits acceptable shall be: $200,000 per Person $300,000;per Occurrence $ 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as AdditionalInsured on all policies issued to satisfy the above requirements, _3c�_ FP for Contractor Services, Invasive Exotic Plant Technician Crew, Monroe Co. Conservation.Lands VEHICLE LABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND 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 Mired Vehicles The minimurn limits acceptable shall be: $300,000 Combined Single Limit(C L) If split limits are provided,the,minimurn limits acceptable shall be: 00,000 per Person : 300,000 per Occurrence 50,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. -40- RFP for Contractor Services,Invasive Exotic Plant Technician Crew,Monroe Co.Conservation Lands POLLUTION LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract involves the storage, treatment, processing, or transporting of hazardous materials (as defined by the Federal Environmental Protection Agency), the Contractor shall purchase and maintain, throughout the life of the contract, Pollution I.Jability Insurance which will respond to bodily injury, property damage, and environmental damage caused by a pollution incident. The rninimurnr limits of liability shall be: $500,000 per Occurrence/$1,000,0,00 Aggregate If coverage is provided on a claims made basis, an extended clairns reporting period of four (4) years will be provided. -41 - RFP for Contractor Services,Invasive Exotic Plant Technician Crew,Monroe Co.Conservation Lands 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 $100,00013odily Injury by Disease,each employee General Liability $300,00,0 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 provide(], the minimum firnits acceptable shall be: $200,000 per person $300,000 per occurrence $50,000 property damage Pollution Liability $500,000 per occurrence $1,000,000 Aggregate, 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 ernployees harmless from and against (j) 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 pall or ornissions 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 ais 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 expense,,resulting from such delay. In the event the completion of the project,(including(lie 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 ftill with all the requirements. Respondent Signature Date -42- RFP for Conti-actor Services,Invasive Exotic.Plant'fechnician.Crew,Monroe Co. Conservation Lands INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the bidder named below, The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES Liability policies are Occurrence Claims Made Insurance Agency Signature Print Name; -43- RFP for Contractor Services, Invasive Exotic Plant Technician Crew,Monroe Co.Conservation Lands 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 rUILlirements 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 tta 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—If a letter from the Insurance Company (not the Agent) is presented, stating that they are unable or unwilling to name the County as an Additional Insured, Risk Management has been granted the authority to waive this provision. And • The Indemnification and Hold Harmless provisions )) aivitag cif insurance provisions could expose the County to economic loss. For this reason, every attempt should be made to obtain the standard insurance requirements. If a waiver or a modification is desired, a Request for Waiver of Insurance Requirement forin should be completed and submitted for consideration with the proposal. After consideration by Risk Management and if approved, the form will be returned, to the County Attorney who will submit the Waiver with the other contract documents for execution by the Clerk of the Courts, Should Risk Management deny this Waiver Request, the other party may file an appeal with the County Administrator or the Board of County Conimissioners, who retains the final decision-making authority. -44- RFP for Conti-actor Services, Invasive Exotic Plant Technician Crew,Monroe Co.Conservation Lands 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: Contract for: Address of Contractor: Phone: Scope of Work.- Reason for Waiver: Policies Waiver will apply to: Signature of Contractor: Approved Not Approved Risk Management: Date: County Administrator appeal: Approved Not Approved Date: Board of County Commissioners appeal: Approved Not Approved Meeting Date: BIDDER SIGNATURE -45- 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 Irrits $100,000 Bodily InJ. by Disease, each errip. General Liability, including $300,000 Combined Single Limit Premises Operation Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Expanded Definition of Property Damage Vehicle Liability $200,000 per Pei-son (Owned, non-owned and hired vehicles) $300,000 per Occurrence $ 50,000 Property Damage $300,000 Combined Single 1-irnit, Pollution Liability $500,000 per Occurrence $1,000,000 Aggregate The Monroe County Board of County Commissioners shall be earned as Additional insured on all policies issued to satisfy the above requirements. -46-