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Item G6 BOARD OF COUNTY COMMISSIONERS, AGENDA IT EM SUMMARY Meeting Date: August 20, 2014 Division: —Growth ManAgejLient Bulk Item: Yes X No — Department: Land Steward Staff Contact Person/Phone 4: Beth Bergh ( x_251 1) AGENDA ITEM WORDING: Approval to advertise a Request for Proposals (RFP) for the removal of invasive exotic plants frorn 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 (FFWCQ to receive $70,000 for the removal of invasive exotic plants from conservation lands that are owned or managed by Monroe (I,ounty." 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 contractor to perform exotic plant removal (large scale projects) on conservation lands that are owned or managed by the County. The local match requirement of$15,000 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 will include I point 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 CONTRACTAGREEMENTCHANGES: None STAFF RECOMMENDATIONS: Approval "TOTAL, COST: $85,000 INDIRECT COST: BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: NA No ad valorem COSTTO COUNTY: $15,000 (local match) SOURCE OF FUNDS: Fund l6.0.,- Ep,v,Rest Fund REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty'�4A(l OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM Revised 7/09 MONROE COUNTY REQUEST FOR PROPOSALS FOR PROFESSIONAL SERVICES BY and scap►e/ eetation Contractors to perform Removal of Invasive Exotic Plants from Monroe County Conservation Lands ,.al"- r „ �.. a tji 7 � o BOARD OF COUNTY COMMISSIONERS Mayor, Sylvia J. Murphy, District S Mayor Pro Tern, Danny Kolhage, 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 2414 PREPARED BY: Monroe County Land Steward RFP for Contractor Services, Removal of Invasive Exotic Plants, 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 PERFORM REMOVAL OF INVASIVE EXOTIC PLANTS FROM MONROE COUNTY CONSERVATION LANDS MONROE COUNTY, FLORIDA—" Requirements for submission and the selection criteria-'mmy b6',iv,qL1CSted from DernandStar by 14 1- Onvia at www.deman(istar.com OR www.mojiroccot n Nbids.coii or call toll-free 1-800-71 1712. The Public Record is available at the Monroe County Puf'ehasing Office located at the Gato Buildina, 1100 Sinionton Street, Room 2-213, Key West, Flb,rida. All resj)onses must be sealed and must be submitted to the Monroe County Purchasiu <'t�ffice. Publication dates Citizen Keynoter Reporter "o -2 - RFP for Contractor Services,Removal ot`Invasive Exotic Plants,Monroe Co. Conservation I.ands TABLE OF CONTENTS NOTICE OF REQUEST FOR PROPOSALS SECTION ONE - Instruction to Respondents SECTION TWO - Draft Ageement SECTION THREE- County Forms SECTION FOUR - Insurance Requirements U, y�r -3- R,FP for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands SECTION ONE: INSTRUCTION TO RESPONDENTS 1.01 DESCRIPTION REMOVAL OF INVASIVE EXOTIC PLANTS FROM 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—Removal of Invasive Exotic Plants from Monroe County Conservation Lands",addressed to Monroe County Purchasing Department, 1100 Simonton Street,Room 2 213, Key West, f`L 33040, on or before 3:00 P.M. local tirne on xxxxxxxx. No proposals will be accepte&,"after 3:00 P.M. Faxed or e-mailed Proposals will be automatically rejected. Proposers should be awairi,,4'hat certain "express mail" services will not guarantee specific time delivery to Key West, e 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 (I G) clays from, the date of the deadline for submission stated above. The Board will automatically reject the`�resporise of any person or affiliate who appears on the convicted vendor list prepared by the Department of,d`bueral Services, State of Florida, Linder Sec. 287.133(3)(d), Florida Statute(2013). Monroe County declares th� ll or portions of the C10CLIMentS and work papers and other farms,of deliverables pursuant to this request shalt,""be subject to reuse by the County. Technical questions are to be directed, in wt; ng o -Ihxecl to Beth Bergh, Monroe County [.and Steward, 2798 Overseas Highway, Suite 410, Marathon, FL,,,,,, 33050,; 'fax to(305) 289-2854, wai"v The Board reserves the right to rejectZiect any or all proposals;" t,0 ve, informalities or irregularities in the proposals and to re-advertise for proposals. The Bo94',",,,'also reserves the right to separately accept or reject any itern or items of proposal and to award and/or neot to a contract in the best interest of the County. Interested firms, or'Mdlvicicials will be evaluated and sele'ved by a committee composed of the Monroe County Land,;Steward, fhe"ilixecutive Director of the Monroe County [.and Authority, and a representative from Monfo'6,"`C" oLinty Envii-ofiffilepual Resources (or their designees). The selection and recommendation will Inc,prescnted�6,the Board of(.`ouh�y Commissioners for final decision. OBJECTIVE OF"THE REQUEST FOR PROPOSALS The Growth Manage men of Monroe County, Florida invites proposals to remove Florida Exotic Pest Plant Council-listed species (Cate g"ory I and 11; see FLEPPC,org or contact Monroe County Land Steward for a list) from Monrod',courtily owned or managed conservation lands. The project goal is the eradication of invasive exotic vegetation from selected publicly owned conservation lands in. Monroe County, PROJECT HISTORY Monroe County currently owns or manages approximately 2,000 acres of conservation lands throughout the Keys. Monroe County has received a funding from the Florida Fish& Wildlife Conservation Commission, Invasive Plant Management Section, in the amount of$70,000 for contract labor for the removal of invasive exotic plants on parcels selected by the Monroe County Land Steward. In addition, the County is providing a local match of$15,000, bringing the total funding available for the project to $85,000. WorkITILIStbe completed by May 15, 2015, 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 -4- RIT for Contractor Services,Removal of Invasive Exotic Plants,Monroe Co. Conservation Lands conservation lands throughout the Florida Keys. J'his project will target sites that have not already been treated in the Lower and Upper Keys identified below(the majority of the sites are within the Lower Keys area): Upper Keys: Key Largo; Tavernier I ower Keys: Sugarloaf Keys; Cudjoe Key; SUminerland 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 rortir much larger management units. The majority of the sites are located in neighborhoods, adjacent to residences and roads. Level of infestation varies by site,ranging from sparse exotics to dense stands of Brazilian pepper, There are no plans or maps for the project area. The selected contractor will be given a list of parcels and aerial maps of the work sites. The following is a partial list of representative sample work locati6tis:fhat a potential respondent may inspect on their own time if they choose to do so(not required): • Lots I & 2, Block 1, Darios Subdivision, Big Pine Key (inin 30,baysidc); vacant lots located on the corner of Sands Rd and Edwards Rd. RE# 00300330-000000 and 06506,320-000000. • Lot 33, Whispering Pines Subdivision, Big Pine Key(nun 30, bayside); vadint lot between private residences at 1132 and 1083 Gordon Rd. RE#00285860-000000. • Lot 3, Block 18, Eden Pines Colony, Big Pine Key (min 30, bayside); vacant lot,'I30tween private residences at 29050 and 29066 Palu Ave RE#00268630-000000. 'i M c County Property Appraiser's website at If needed, parcel maps may be viewed by ace6,' onto ,"e, h "(31S maps". The properties can be located From the top banner on flee trainage using the Real Estate(RE) numbers listed above SCOPE OF WORK The project consists of the physical removal of all Cat Yo',, I and 11 Florida Exotic Pest Plant Council (FLE CPPC) listed selected Monroe ouh,yconser-vation lands, followed by herbicide application and, -ipping'aall iesultin9 biomass (except as described below for bowstring hemp and leadtree ,,',,'P' seeds). Th6,,,,, bhtractor will'iai sagen ary, labor, the project including the scheduling, subcontracting as necess, monitoring aild,reporting progress,"The County will supply locations and maps of project sites. The success of the project de'Perids on the tho,r66gluiess of invasive exotic removal, n", `........ The County conservation lands contaft a wide variety of exotics ranging from grasses to large trees. Different areas of the Keys have different species of concerti but Brazilian pepper, Australian pine, Asiatic COILibrina, lead tree, scasid&xnahoe,noo'-native scaevola and bowstring hemp are the most abundant. Most of' g the sites include a mixture ofrixnive,vp ' ratio ye n and invasive exotic vegetation. The native vegetation must not be disturbed during the invas�f�xotic rernoval. The majority of the sites will be located in uplands, but a few rnay be adjacent to wetlands'(including mangroves). Heavy equipment may not be used in wetlands and mulch may not be placed in wetlands. Most sites are within neighborhoods and are easily accessed from adjacent roads. Every invasive exotic species listed by Florida EPPC will be either hand-pulled or cut down and treated with appropriate herbicide. Exotic vegetation must be removed and cannot be left standing(including Australian pines). A"Gyro-tract"or similar forestry machine may riot be used for this project. Work may require a bucket truck. Every effort shall be made to avoid damage to native vegetation and wildlife. The Contractor is responsible for the initial herbicide treatment and removal of all the specified exotic species. Each cut plant will be cut as low to the ground as possible. Cuts will be made level to the ground to iiiiiiiinize herbicide runoff prior to absorption. The herbicide will be applied using a low-pressure spray to minimize drift and non-target damage. A dye shalt be used to Iacilitate identification of'treated stems. An appropriate herbicide shall be applied within one(1) minute of stump preparation. -5 - RF P for Conti-actor Services,Removal of Invasive Exotic Plants,Monroe Co.Conservation Lands Invasive exotic plant species shall be treated with herbicide as follows: Treatment Method Asiatic colubrina 50%Garlon 3A applied to cut surface immediately after cut or (Cmm_(,Vubrina asiatica) 20% Garton 4 applied to stuip2�ut surface and sides Australian pine 50%Garlon 3A applied to cut surface immediately after Cut or (Casuariny s 20%Garlon 4 applied to stump's cut,surface and sides Beach naupaka 50%(Jarlon 3A applied to cut surface inuriediately after cut or (5'caevola sericea) 10%Garton 4 applied to stLui_flp_Is.cut.s.url'ace and sides Brazilian pepper 50% Garton 3A applied to cut surface iminediately after cut or (&hinus ter ebinthifolius) 10-15% Garlon 4 applied to sft�ijq Is cut surface and sides Lead tree 30% Garlon 4 applied to stump's cut surface and sides (Leucaena leucL.)ciphahi) Seaside mahoe 50%(iarloti3Aal)plie(itoctitSLirface.im,me(lial.eI upon cutting (Ifliespesi.a populnea) All mature(brown)lead tree(Leucaena lei icocephala):see',', will be bagged and left on the site for disposal by the County. Bowstring hernp (&msevieria hyacintIz4jiks) must be physically removed, ensuring that the entire root has been removed. Resulting plant rnaterial4hay either be bagged or neatly piled on site(actiacent to the road) for County pick up. All other vegetative debrig�,,,,,,:will be chipped in place. On sites where the inulch is to be removed, as detennined by the Monroe Cbunr�(Larid,",St6ward, the mulch will be neatly piled by the road for pickup by Monroe County Solid Waste. On situ ere the Mulch is to remain, the mulch must be spread neatly across the site without covering remainingria"ttye vegetation. Logs that are too large for the chipper must be cut into 4 ft lengths and neatly stacked by the ro6d`Tor pickup by Monroe County Solid Waste. In surrunary, vegetative the exotic removal work will disposed of in one ofthe 1`61lowing ways (as determired by the Uhinty [.,and Steward): 1. Chipped by the contractor and spt�ad evenly across the site; or 2. Chipped and removed;&m the sit`e,,by the Contractor, at no expense to the County for the removal (if the Contractor wants the�rrbleh.,�f ith'e`I�,pwn purposes)- or '&or,3. Chipped and piled on the site,b,�,the contrac" anc' I removed from the site by the County(if Land Steward determines that on-site,ctisposal is no(,, )ption); or 4. Sections of tree trunk that are too k4fge for the chipper may be cut into,four foot lengths and piled on site by the Contractor for eventual dii"I"I'losal by the County. The Contractor will not be require(] to transport oil pay for the disposal of any vegetative waste created by the project, unless they keep the mulch for then-own purposes, The Contractor will provide all necessary equipment to complete the project including hand tools, chainsaws, chippers, vehicles, bucket truck, sprayers, garbage bags and personal protective equipment. The Contractor will also provide all materials for treatment (including herbicide and adjuvants)and ensure proper disposal of herbicide and adjuvant containers and will strictly adhere to all herbicide]abet 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. There are no reimbursable expenses. The project is complete when the total cost per hour reaches $85,000 or on May 15,2015,whichever occurs first. All herbicide treatments shall be at least 95% effective in preventing re-sprout of treated plants. If 95% kill rate is not achieved for any area of the project after two(2) months past initial project completion; one additional treatment of the exotic plants in the problem area shall be the responsibility of the Contractor at no additional cost to the County. The Contractor shall at all times provide an on-site ground crew supervisor that is certified by the Florida Department of Agricultural and Consumer Set-vices and in good standing with that Departtrient, as part of the -6 - RFP for Contractor Services, Removal of Invasive Exotic Plants,Monroe Co. Conservation Lands 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 darnage 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.Tlic County reserves the right to disqualify prospective bidders who have violations cif the Rules of Chapter 62C-20, F,A.C,, or other state or federal laws or regulations related to pesticide use or aquatic plant control resolved by mediation, Consent Order, or fine within the two (2) previous years. Crew supervisors must meet with County staff on a regular basis to discuss the progress of the project and to determine priority areas for treatment. The contractor shall complete."b�ily Progress Reports for Invasive Plant Control"and submit the completed forins to the County every,t`wO"',,�'Weeks, The Monroe County Land Steward will submit pennit applications for the proposed exotic,r6rn6'�'ails,however the Contractor is required to pick Lip the permit from the Monroe County Building Depart'n'i'e''n't"a'ji"c*t, the permit with the crew while working on-site. The contractor must hold a valid Monroe County business tax receipt and a Monroe County Certificate of �,Competency for a Landscaping Specialty Contractor. A general contractor may 1pl)"ly,if lie holds a landscaping specialty contractor certificate of competency in Monroe County or enipf ys a Landscaping Specialty Contractor licensed in Monroe County .The business tax receipt is required ;birth. Due to the amount of time required to olbtai,4'(� Certificate of Competency, respondents must submit any required licensing applications to 16t i sae Cott' ty prior to bid submission and indicate the status of the application(s) in their bid package. It is"riot necei"$"Ar�y" to have � e already obtained the certificate prior to bid submission. Additional plant treatment or removal and nonplant 110 al nia",' e added tii the project by Mutual reern -k shall be made agreement as field conditions warrant and funds Penn h a r ems or additional work in writing and agreed to by signature of both parties. According tit " agreement with Florida isil& Wildlife Conservation Commission, 47�" i I '""contractors,vorlang on nvasive exotic removal projects must adhere to the t'oltoNving protocol: • Maridatoiy,,,,decotitaiiiiiiation Oto,,tocols must be followed for vehicles and equipment prior to entering Monroe C6d­iiftty from areas outs e of the County. ' • When inoving-e I quipment from site to site within,Monroe County, decontamination requirements will be at the discretion of the County andwill be dependent upon the exotic species that were treated at the previous site and on t'he'nature of"'i" treatment sites, nrination is re• If deconta4,iuirqd,lay'the County then the contractor must utilize a designated decontarnination site within,NWnroe County. The County shall Supply the contractor with a list of designated decontamination sites if necessary. Decontamination protocols: • All equipment including but not limited to vehicles,trailer, ATV's, and chippers must be cleaned with a pressure washer(at a County approved facility), Decontamination protocols include spraying down all equipment surfaces including the undercarriage and tires to insure that mud, vegetative debris and other debris is not transported from the previous treatment site. Special attention will be paid to equipment that has worked at sites where Lygodiutri, 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 6or cut StUnIp treatment must be wiped down and cleaned so that they are free of debris. Prior to the commencement of an invasive species removal project, the contractor and the County Land Steward shall discuss the necessity for a decontamination plan. If the County requires a plan, then the - 7 - RFP for Contractor Services, Removal of Invasive Exotic Plants,Monroe Co, Conservation Lands 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 timeft-ame may be adjusted depending on seasonal conditions. All work must be completed by May 15, 2015, CON't'RACTOR SELECTION AND FVALUATION PROCESS Interested firrns or individuals will be evaluated and selected at,ai-ptiblicly-not iced meeting by a selection committee composed of the Monroe County Land Steward, the-1 4,cutive Director of the Monroe County Land Authority, and a representative from Monroe County Ert ronfd'ontal Resources (or their designees). 9, The committee will evaluate responses based on the following cfiteria: I. Past record and experience of firm oil similar invasive exotic removal pt6j,e ets. (10 pts) 1 Technical, educational, and training experience of the assigned staff and an' �Y`,,,,anticlpated subcontracted staff. (10 pts) 3. Ability to start immediately upon notice to proceed and ability to complete proje-t-,,by May 15 — considering size of crew; available 6qtuprnent; etc. (10 pts) 4. Cost per man hour(10 pts) 5. Familiarity with general project area'iihad''Io' n' a Keys invasive exotic species. (5 :its 6 Project approach reflects clear Unders thding of'ffqj,,ect needs and necessary activities. (5 pts) 7. Local business preference: respondent has a onr(�i (,ounty business tax receipt and a physical m business address within Monroe County(S6 Loca.[,,,P' 'f ere q Fori 11). (1 point) cd,/; ",,of County Commissioners for final The selection and recommendation will be present! f the Board v decision. If no contract can be negotiated with the flist ranked proposer, the Board reserves the right to negotiate with the next selected proposer. Monroe County, ,teserves the right to reject any and all submittals, waive any irregularities, re-issue all or part of the RFP, atlof,,not award any contract, all at its discretion and without penalty. Format. The response, at a minimum, shall include the following: A. COVER PAGE A cover page that reads"Proposal for Removal of Invasive Exotic Plants from Monroe County Conservation Lands". The cover page should contain Respondent's name, address, email address, telephone number, and the name of the Respondent's contact person, include a phone number f.br contact person if different from Respondent's. B. TA13BED SEC'lJONS TAB 1. General Information. Record of'performance and professional accomplishn-tents including: a description of similar work completed by the firm, any outstanding accomplishments of the finn, and any outstanding accornplisturients of the firm that relate directly to this type of work (provide a reference for each work cited). 1). 'I"'echnical, educational and training experience of the assigned staff and any anticipated subcontracted staff. Include the proposed function(s)Of Subcontractors. c. Copies of crew supervisors' State license for herbicide application. -8- RUT for Contractor Services, Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands ............. d. A list of equipment/tools that are available to be used on the project. e. Project Approach. Provide a description including a statement that reflects a clear understanding of project needs based on the description above and a work plan that details the approach. f Specify the mininiurn/maxinium number of workers that will be deployed as a work crew, and the man-hour cost associated with each employee type. Fees should be all-inclusive, including but not limited to travel, lodging, meals, equipment, herbicide, tools and administrative costs. If members of the work crew live outside of the Keys, specify what arrangements will be made to insure their ability to report to work. No compensation will,be paid for travel time. There are no reimbursable expenses. Contract will be based on total cost per hour Up to $85,000. The cost per hour will be taken into consideration during the evaluation process, but is only one factor of many that will be used in the evaluation, g, Additional information: Provide any additional 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 sarric or similar services during the past three(3) years It is pref"baed that the references are from state or local governinents, but private industry clients may also Sed'as.fbt`crences. Each reference shall include, at a minimum: . .......,­ ........ Name and full address of reference organization Name of Contact pet-son for contract 'telephone nuinber(s) Date of initiati66,,,,,,,.6f dbritract with reference Brief SUI I"I I It 6" comparing the referenced services to these proposed services 'k Alternatively, each Resp6tident may,,, ubntit as references: at least three (3) letters of reeortimendation from local or in-state busines�!'i`�Own el. t, in some detail, to Respondent's knowledge and abilities regarding the proposed services, ....... ,rAB 3. Litigation a. I[as the person, principals, entity, or an ritity previously owned, operated or directed by any of its officers, major shareholders or directors, ever failed to complete work or provide the goods for which it has contracted? If yes, provide details; b. Are there any j udginents, claims, arbitration proceeding or suits pending or outstanding against the person, principal of the entity, or entity, or any entity previously owned,operated or directed by any of its officers, directors, or general partners?If yes, provide details; c. Has the person, principal of the entity, entity, or any entity previously owned, operated or directed by any of its officers, maJor shareholders or directors, within the last five years, been a party to any lawsuit, arbitration, or mediation with regard to a contract for services, goods or construction services similar to those requested in the specifications with private or public entities? If yes, provide details; d. Has the person,principal of the entity, or any entity previously owned,operated or directed by any of its officers,owners,partners, mztjor shareholders or directors, ever initiated litigation against the county or been sued by the county in connection with a contract to provide services, goods or construction services'? If yes, provide details; e. Whether, within the last five years, the owner, an officer, general partner, principal, controlling shareholder or major creditor of the person or entity was an officer, director, general partner, -9- RFP for Contractor Services,Removal of Invasive Exotic Plants,Monroe Co,Conservation Lands principal, controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for competitive solicitation; TAB 4. Respondent's Background Information a. Include 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 the members. b. Include a list of the officers and directors of the Respondent, e. 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,, its present name and the number of years the business has operated under any other name,and",, 1,names under which it has operated. e. Answers to the following must be provided: (i) Has the Respondent ever failed to complete work for which it 11i1 ,,,contracted? If so, provide details. (ii) Ilas the Respondent been a party within the last five years to a lawsuit-;or arbitration? If so, provide details. (iii) Has the Respondent ever iniff4ted, litigation against Monroe County or b een sued by Monroe County?If so,provide detai N (iv) Provide the past 2 years find cial sfi'� ents, including profit and loss, for the Respondent and/or credit references to estab�hgh that k" 'pondent has the financial stability and capacity to provide the services required by this RFP. 'FAB S. County Forms and Licenses. Respondifitsh 11 completd:find execute the forms specified V1, below and found at designated pages in this RFP, as;'Well as copies of all professional and occupational licenses: I. Subnjj�sidn,,Response Fonn IL Lo., byinp and 'onflict of Interest Clause 1111. "on-Collusion Ada, vit IV. Drug Free Workplac F,orrn N V. Public Entity Crime St,*mcnt V1. Local'Prefer nee Form(&Applicable) VII. Respondents Insurance ail hidemnification Statement VfIL Insurance ,cut's Stateme and Ix. Copies of profeisional lie'dfises and proof'of local business tax payment V 1.02 COPIES OF PROPOSAL DOCUMENTS A. Only complete sets of Proposal Docurnents will be issued and shall be used in preparing responses, "I'he County does not assurne any responsibility for errors or misinterpretations resulting from the use of incomplete sets. B. Complete sets of Proposal Documents may, be obtained in the manner and at the locations stated in the Notice of Request for Proposals. 1.03 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 sealed package marked on - 10- RFP for Contractor Set-vices, Removal of Invasive Exotic Plants,Monroe Co. Conservation Lands the outside, "Proposal — Removal of Invasive Exotic Plants from Monroe County Conservation Lands", addressed to Monroe County Purchasing Department, 1100 Simonton Street, Roorn 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-i-nailed 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-COLLUS'I,,ON AFFIDAVIT. If it is discovered that COHLISi011 exists among the Respondents, thq,","',;p posals of all participants in such collusion shall be rejected, and no participants,irl.­Suc collusion will be considered in future bids for the same work, B. PUBLIC ENTITY CRIME: A person or affiliate who hash,beeri placed on the convicted vendor list, following a conviction fora public entity crime in ,not submit a proposal on a contract to provide any goods or services to a public entity, may,'tipt submit a proposal on a contract with a public entity for the construction or repair of a public:building or public work, Ii subcontractor, may not submit Proposals on leases or perform work as a contractor, supplier, or CONTRACTOR under contract with any public entity, and inay n6i transact business with any public entity the threshold amount provided in Section 287.017, to.r CATEGORY TWO for a from the date of being placed on the convicted 77, vendor list. Category Two: $1$,, C. DRUG-FRET WC FORM: I 1,,,,,,subn-Litting a bid or proposal in response ,� ,,, ­,,1 , I 11 ,7 to this invitaillon Illust""', 9cutc tile eft los FREE WORKPLACE FORM and submit it with his Biel or proposal. Failure to abl,n le e t his fi'�rrn in every detail and submit it with your bid or proposal illay,fesult in imrrie late disqual if ication of your bid or proposal. I:), LOBBYING "s, CLAUSE: Any person submitting a bid or proposal in response ,"itp this invitatibn runSt eXCCLlt(-' the enclosed LOBBYING AND CONFLICT OF fN'FE_',R'E:S,,`,1I CLAUSE 'end submit it with his bid or proposal. Failure to complete this form in every detail and submit it with the bid or proposal may reSLllt in immediate disqualification of"tlae bid or proposal. 1.05 EXAMINATION OF RFP DOCUMENTS A. Each Respondent shall carefully examine the RFP and other contract documents, and inform themselves thorough ly regarding any and all conditions and requirements that may in any irianner affect cost, progress, or performance of the work to be perfortned Linder the contract. Ignorance oil the part of the Respondent will in no way relieve them of the obligations arld responsibilities assumed under the contract. B. Should a Respondent find discrepancies or ambiguities in, or omissions from, the specifications, or should lie 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 ineaning 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 - I I - RFP for Contractor Services,Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands writing in the form of an addendum and, if issued, will be mailed or sent by available ineans 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 he has received all addenda issued before responses are opened. 1.07 GOVERNING LAWS AND REGULATIONS The Respondent is required to be familiar with and shall be responsible for complying with all 1'ederal, state, and local laws, ordinances, rules, and regulations that in any inanner affect the work, 1.08 PREPARATION OF RESPONSES Signature of the Respondent: The Respondent," i",is 11 t sign the response forms in the space provided for the signature. If the Respondent is an indiVidlu' I the words "doing business as or "Sole Owner" must appear beneath such signam' In the case of a partnership, the signature of at least one of the partners must follow the firm na eJ`,',m the",,,wyOrds "Member of the 1�'irm" should be written beneath such signature. if the: Respondent is a crt tiiatieaan, the title of the officer signing the Proposal oil behalf of the corporation must be state&4167I g with the Corporation Seal Stamp and 't evidence of his authority to sign the Proposal must be subiAitted. The Respondent shall state in the response the name and address of each person interested ther6ifi. If the Respondent is an IJ,C, then the authorized niariagerr,oaf mana9 er member must sign the proposati,, 1.09 RES PON S I BI LIT FO R NSE The Respondent is scilgly responsible for all costs of preparing and submitting the response, regardless ofwhcthcr a don,rac, ar ,,.Js,, "r,riade by the County. 1.10 RECEIPT AND OPENING E S P 0O Responses will be received until thd",,%desigcriated time and will be publicly opened and repsondents announced at the appointed time and lace stated in the Notice of Request for Proposal. Monroe County's representative authorized to open pen 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 tor the premature opening of a response not properly addressed and identified. Respondents, or their authorized agents, are invited to be present. 1.11 DETERM1NAIJON OF SUCCESSFUL RESPONDENT A. 'file County reserves the right to reject any and all responses and to waive technical errors and irregularities as may be deemed best fbr the interests of the County. Responses which contain modifications, are incomplete, unbalanced, conditional, obscure, or which contain additions not requested or irregularities of any kind, or which do not comply in every respect with the Instructions, and the contract documents, may be rejected at the option of the County. B The County shall consider preference to local businesses in making a purchase or awarding a contract who meet the criteria for a local business as defined by Section 2-349 of the Monroe County Code. Individuals or firms which meet all the criteria in Section 2-349 of the Monroe County Code and are a responsive and responsible respondent shall receive local preference and shall be given two points in the scoring criteria. C. The application of local preference may be waived upon written recommendation by the County and approval by the Monroe County Board of County Commissioners at the time - 12- 1U-T for Contractor Services,Removal of Invasive Exotic Plants,Monroe Co. Conservation Lands ..... .. —-....--- -- 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 service-,sought to be purchased by the County. D. The County may conduct such investigations as it deems necessary to assist in the evaluation of any Response and to establish the responsibility, qualifications, and financial ability of the Responders, proposed subcontractors, and other persons or organizations to do the Work in accordance with the Contract Documents to the County's satisfaction within the prescribed tinne. 1.12 AWARD OF CONTRACT A. 'rhe County reserves the right to waive any informality in any response, or to re-advertise I for all or part of the work contemplated. If'respops�es are found to be acceptable by the Owner, written notice will be given to t c Respondent of the award of contract(s). Ci a award the contract to another B. If the award of a contract is anniltilled, tthhee,,,�;�� Respondent or the work may be re-adverti's'ed 0 1 e performed by other qualified Personnel as the County decides. C. A contract will be awarded to the Respondent :,�Med t6,#dc 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'kespondent who has previously failed to per,form properly or to complete contracts of a similar nature on time. E. The reconii-.neiidatiojis o'f'tti, ,County Administrator or his designee, will be presented to the Board of County C61' of Monroe County, Florida, for final awarding or otherwise. 1.13 CERTIFICATE OF INSURANCE The Contractor will be responsible for all necessary Aristrrance coverage as indicated on the attached forins. Certificates of Insurance must be provided to Monroe C�6ty within fifteen(15)days after award of bid, with Monroe County,,80C. ' listed as additionally insured on" all except. Workers Compensation. If the proper insurance fbrtn&,are�:not,=rOccived within the fifteen (15)days he contract naay be awarded to the next selected Respondent'.,,V, The Contractor"shall defend, ind6riinify, and hold harmless the County as outlined on the attached fon-n. P 13 - RFP tc)r Contractor Services,Removal of Invasive Exotic Plants.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 L, may arise between the contracting parties. The documents should be amended or supplemented where appropriate. MONROE COUNTY CONTRACT FOR PROFESSIONAL SERVICES PROFESSIONAL SERVICES FOR THE REMOVAL OF INVASIVE EXOTIC PLANT SPECIES FROM MONROE COUNTY CONSERVATION N LANDS THIS CONTRACT .is made and entered into this _ , by MONROE COUNTY .... .....day ("COUNTY"), a political subdivision of the State of Florida, who"S"'e"add,ress is the Marathon Government — Center, 2798 Overseas Highway, Marathon, Florida, 33050, and"'11"', /7 ("CONTRAC'TOR"), whose address is N-1 Section 1. SCOPE OF SERVICES The CONTRACTOR shall do, perform and carry out in a professional and proper in im", r certain duties as described in the Scope of Services - Exhibit A--which is attached hereto and made a pcitC "this agreement. Section 2. COUNTY'S RESPONSIBILITIES 2,1 Provide all best available data and base maps as to the COUNTYS requirements for Work Assignments. DesignaJe an,writing a person ("Contract Manager") with authority to act on the COUNTY'S behalf, rs concerning the Work Assignment. 2.2 Furnish to the Cu'O WRACTexisting plans, studies, reports, and other available data pertinent to the work, and obiiiii or providd tadditional reports and data as required by the CONTRACTOR, The CONTRACTOR/s�11 be en to use and rely upon such information and services provided by the COUNTY or others ifnipe r—ii i..............'" t- CONTRACTOR'S set-vices, 2.3 Arrange for access to and ni'a,kr allprovisi6fi& r the CONTRACTOR to enter upon public and private property as reasonably,r:&,juired, and I&g,4fly allowed, for the CONTRACTOR to perform services hereunder. Any obstruction to such access by private property owners shall not constitute a basis for waiver of any other required,"", itries on to public and private property, nor shall it provide a basis for termination of the contract. ln'1" e event that such access is so obstructed,CONTRACTOR and COUNTY shall work together to resolve the difficulty in timely manner. 2.4 Perform such other functions as are indicated in Exhibit A. 2.5 Provide a schedule that is mutually agreeable to the COUNTY and CONTRACTOR. Section 3. TIME OF COMPLETION The services to be rendered by the CONTRAC"fOR shall be commenced upon written notice:from the COUNTY and the work shall be completed in accordance with the schedule mutually agreed to by the COUNTY and CONTRACTOR, unless it shall be modified in a signed document, by the mutual consent of the COUNTY and CONTRACTOR. Subsequent services shall be performed in accordance with schedules of performance which shall be mutually agreed to by COUNTY and CONTRACTOR, - 14- RFP for Contractor Services, Removal of Invasive Exotic Plants,Monroe Co. Conservation Lands Section 4. COMPENSATION 4.1 The maximum compensation available to the CONTRACTOR Linder this agreement is$85,000.00. The COUNTY agrees to pay the CONTRACTOR based on completion of work within the Scope of Service according to progress reports and other docurrientation 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 15, 2015, conipensation shall be only for the amount of work completed,regardless of the cause of any delay. 4.2 The hourly billing rates of the CONT RAC'I OR, expected to include all costs including travel and equipment, used in calculating the compensation due are: Position _Date(jitj)2I!4r Certified Crew Supervisor(for exain&)... I I rained Crew Member(for example) ................... BLIcket''fruck Operator(for exam l le) Bobcat()2cratcn(for exam rplc) Section 5. PAYMENT TO CONTRACTOR ........ 5.1 Payment will be made according to the Local Cot rnnagrafrompt Payment Act, Any request for payment must be in a form satisfactory to the Count", .(,, (Clerk). The reejuest must describe in detail the services performed and the payment amount r The CONTRAC`fOR must submit to the COUNTY Project Manager, who will review the ' e,s" dI t. The Project Manager shall note Iris/her approval on the request arid forward it to the Clerk for pa. trrent. If request for payment is not 1,511", approved, the t-M- cr must inform the CONTRACTOk/,An writing that must include an explanation ofcaused the disapproval of the request, 5.2 CONTRACTOR sha ubmit invoices with progress report of activities on a weekly or otherwise 7� regular basis until the or`° J;unde th reenient is completed. 53 Continuation of this contract i§,&na,tingent upon nual appropriation by Monroe County. Section 6. CONTRACT TERMINATION"', Either party may terminate this contract because of the failure of the other party to perform its obligations under the Contract. C!OUNTY may terminate this contract l'orany reason upon fifteen (15) days notice to the CONTRACTOR. COUNTY shall pay CONTRACTOR for work performed through the date of termination. Section 7. AUTHORIZATION OF WORK ASSIGNMENTS 7.1 All work assignments beyond or in addition to EXHIBIT "A" shall be authorized in a signed document (Work Order) in accordance with (fie COUNTY's policy prior to any work being conducted by the CONTRACTOR. 7.2 Additional authorizations may contain additional instructions or provisions specific to the authorized work for the purpose of clarifying certain aspects of this Agreement pertinent to the work to be undertaken. Such supplemental instruction or provisions shall not be construed as a modification of this Agreement. Authorizations shall be dated and serially numbered. 7.3 'fire CONTRACTOR shall not assign, sublet or transfer any rights Linder or interest in (including, but not without limitations, moneys that may become due or moneys that are due) this agreement or subsequent Work Assignment without the written consent of the COUNTY, except to the extent that - 15- RFP for Contractor Services,Removal oClrivasive Exotic Plants,Monroe Co. Conservation Lands any assignment, subletting, or transfer is mandated by law or the effect of t1iis limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to any assigmilent, no assignment will release or discharge the assignor from any duty or responsibility under this agreement. Section 8. NOTICES All notices, requests and authorizations provided for herein shall be in a signed document and shall be hand delivered, or mailed, certified/ registered / return receipt requested, or sent by courier service with a signed receipt, to the addresses as follows: To the COUNIY: C'bristine Hurley, Division Director Monroe County Growth Matia'gle"ment Division V 2798 Overseas Highway,$`uite"41 Marathon,Florida 33050,',m, Roman Gastesi, Count"y Adminisi for or I 100 Simonton Street, Suite 205 Key West, Florida 33040 'I o the CONTRACTOR: or addressed to either party at such other addresses S SUCI'11111""� 1,hereinafter furnish to the other party in writing. Each such notice, request, or authorizatio 1 1) ,leern6d� to have been duty given when so delivered, or, if mailed, when deposited in the mails, rex ' postage paid. Section 9. REC1OkD"1k$'i',"`1,"' 7 CONTRACTOR shall books, records,and documents directly pertinent to performance under this Agreement imacc"I ordarice with g6i erally accepted accounting principles consistently applied. Each party to .. ......this Agreement oftheir authorized�representatives shall have reasonable and timely access to such records of each other party to thfs,,Agreement tbi""""Public records purposes during the term of the agreement and for four years following the terr'Mirtation of this, Agreement. If an auditor employed by the COUNTY or Clerk I 'A determines that moneys paid to CONTMACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreemerits)'the,'CONTI�ACTOR shall repay the moneys together with interest calculated pursuant to Sec. 55.03, FS, ruliilin'g"from the(late the monies were paid to CONTRACTOR. Section 10. EMPLOYEES SLJBJECT TO COUNTY ORDINANCE NOS. 010 AND 020-1990 The CONTRACTOR warrants that it has not employed, retained or other-wise had act on its behalf ally 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 C(')(JNTY may, in its discretion, terminate this agreement without liability and may also, In its discretion, deduct from the agreement or purchase price, or otherwise recover the full amount of any fee, commission,percentage, gift, or consideration paid to the former County officer or employee. - 16- RFP for Contractor Services,Removal of Invasive Exotic Plants,Monroe Co. Conservation Lands Section 11. CONVICTED VENDOR A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not perform work as a CONTRACTOR, Supplier, subcontractor, or CONTRACTOR under contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for the Category two for a period of 36 months from the date of being placed on the convicted vendor list. Section 12. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES This Agreement shall be governed by and construed in accordance *#h the laws of the State of Florida applicable to contracts made and to be performed entirely in the St t In the event that any cause of action or administrative pr6q66difigA§,,,,instituted for the enforcement or interpretation of this Agreement, the COUNTY and,CON-1�RACTOR,4j#ee that venue shall lie in the 41,,` appropriate court or before the appropriate administrative b 6dy in Monroe County, Florida. Section 13. SEVERABILITY - If any term, covenant, condition or provision of this t (or the applicati& thereof to any circumstance or person) shall be declared invalid or une t. any extent by a court of competent �S jurisdiction, the remaining terms, covenants, conditions an p i ns 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 flie,fUllest extent permitted by law unless the 6ftforcement of the remaining terms, covenants, condition and l ra i tons, l 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 valill visiotil,I at comes as close as possible to the intent of the stricken provision. ... ......... Section 14. ATTORNEV'S FEES, COST g,,,,,'�Ill""I'll""""�ll,�'ll",,,'I'llI '"I'lie COUNTY and CONTRACTOR agree,that in the event any cause of action or administrative proceeding is initiated or defended by any party relative,',"10 the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable,aitorricy'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 - 17- RFP for Contractor Services, Removal of Invasive Exotic Plants,Monroe Co. Conservation Lands COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 15 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting or the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. Section 18. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreerrient. Section 19. NONDISCRIMINATION COUNTY and CONTRACTOR agree that there will ire no discrimination against any person, and it, is expressly understood that upon a determination by a-.�'- Li f competent jurisdiction that discrimination has occurred, this Agreement automatically teterminatesif. t any further action on the part of any party, 11 N' I C I I '"F(A,�gree to comply with all Federal and effective the date of the court order. COUNTY or CO r ' on diliscrinlination. These include but are Florida statutes, and all local ordinances, as applicable, relating -p I '� riot limited to: Title VII of the Civil Rights Act of 19 L s 4 ( w"1,,52) hich prohibits discrimination oil the basis of race, color or national origin; Title IX of Education ducation u ment of 1972, as amended(20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination oil thr ,basis of sex; Section 504 of the Rehabilitation Act of 1973, as.amended (20 USC s, 794), which prohibits discrimination ()it the basis of handicaps; The Age Discn,mimt:ibA Act of 1975 as arnerided (42 USCG,,ss. 6101-6107) which prohibits discrimination on the basis,i,"t5f age; hiz, Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination op the basis of drug abuse; The Coniprehensive Alcohol Abuse and Alcoholism Prevention, TreAititeilt ands, ehabilitation Act of 1970 (PL 91-616), as atricilded, relating to nondiscrimi nation on the basis 6 alco of;a we,or alcoholism; The Public Health Service Act of 1912, ss. 523 and 527 (42 IJSC ss. 690dd-3 and ,21. 6`66-3), as ant&'nd ed, relating to confidentiality of alcohol and drug abuse patent, records; Title Vill of' the Ckrii'Rights Act 4,7,1,,1,968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or fifialicing of'housing; The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended"frtim time to time, relating to nondiscrimination oil the basis of disability; Any other nondiscrimination provi,ii,5ns in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. Section 20. COVENANT OF NO INTEREST COUNTY and CONTRACTOR covenant that neither presently has any interest, and shall not acquire any interest,, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. Section 21. CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but riot limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation-, Misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain itiforniation. Section 22. NO SOLICITATION/PAYMENT The COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor retained any cottiparty or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement - 18 - R,FP for Contractor Services,Removal of Invasive Exotic Mants,Monroe Co. Conservation Lands and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission,percentage, gift, or consideration. Section 23. PUBLIC ACCESS Pursuant to F.S. 119.0701, Contractor and its Subcontractors shall comply with all public records laws of the State of Florida, including but not limited to: (a) Keep 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 an, itions that Monroe County would provide the records and at a cost that does not exceed the cost pr�qv in Florida Statutes,Chapter 119 or as otherwise provided by law. !% (c) Ensure that public records that are exempt or confidential a,nd exe `fioni 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,1,, M ' �� onroe County all public records in possession of the contractor upon termination of the contract and(jestr( ny duplicate public records that arc exempt or confidential and exempt from public records disclosure re'quirernerits. All records stored electronically must be provided to Monroe County in a format that is compatible�W'ifli the inforination technology systems of Monroe County. (e)Thc county shall have the right to unilAt this Agreement upon violation of the provision by contractor. Section 24. NON-WAIVER OF IMMU J' Statutes,, t participation of the COUNTY and the Notwithstanding the provisions of Sec. 768.28, F16ndd�lt.11" A CONTRACTOR in this Agreement and the ac Uisiti611,,/,of any commercial liability insurance coverage, self- insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the,qxtemt ot"liability coverage, nor shall any")contract entered into by the COUNTY be required OVI&I",11 waive r. to contain allYp Section 2S"=PRIVILEGES AND, IMMUNITIES �, All of the privileges,and immunities`,�firorn liability, exemptions trom laws, ordinances, and rules and pensions and relief, disabilit ,""","Workers' coin ,ii"§,ation, and other benefits which apply to the activity of officers, agents, orernployeesof any p Hicagentsoretia -forming their respective functions ployees of the CO UN'l Y, when pei Linder this Agreement �vit�fiin'the territoiial litnits, of the COUNTY shall apply to the same degree and extent to the performance of such '44 ctio, fid duties of such officers, agents, volunteers, or employees outside the " territorial limits of the COUN' Section 26. LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from tmy 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 perfortnarice may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. Section 27. NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor the - 19- RFP for Contractor Services,Renioval of Invasive Exotic Plants,Monroe Co. Conservation Lands CONTRACTOR,or any agent, officer,or employee of either shall have the authority to infonn, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities,have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. Section 28. ATTESTATIONS, CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. Section 29. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be SUbject to any personal liability or accountability by reason of the execution of this Agreement. Section 30. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of"counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one:a:,nd the sat ne;ipstrument and any of the parties hereto -may execute this Agreement by signing my such countetp,lrt, Section 31. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of "nvenience of reference only, and it is agreed that such section headin&5 are not a part of this Agreement and wi, of be used in the interpretation of' any provision ofthis Agrerixf Section 32. INSURANCV`P,.QLICI S, 32.1 General Insurance Requi and Subcontractors i As a pre-requisite of the work govern the goo plied under this contract (including the pre-staging of personnel and material), the CONTRACTOR shall ob6,,in, at his/her own expense, insurance as specified in 'it,of this contract. The CONTRACTOR will ensure that the any attached schedules, which are made pa insurance obtained will extend protection to a1l, Subcontractors engaged by the CONTRACTOR. As an alternative, the CONTRACTOR may require " 11 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 conu-nencement 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 fililtUre to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the CONT RACTOR's failure to provide satisfactory evidence. The CONTRACTOR shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the CONTRACTOR to maintain the requird instiranee 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- UP for Contractor Services,Removal of Invasive Exotic Plants,Monroe Co. Conservation Lands The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required insurance, either: • Certificate of Insurance or • A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation,, non-renewal, material change, or reduction in coverage unless a minimum of thirty(30)days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Conti-actor from any liability or obligation aSSLuned urider,1his contract or imposed by law. I lie Monroe County Board of County Commissione—".1its", I loyces and officials will be included as "Additional Insured" on all policies, except for Wor',""" in ensation. 32.2 INSURANCE REQUIREMENTSFORCON COUNTY AND CONTRACTOR Prior to the commencement of work governed by this contract',/Abe CONTRACTOR shall obtain General Liability Insurance. Coverage shall be maintained throughout f I/fe of the contract and include, as a o. .......... • Premises Operatiotts • Bodily Injury Liabi'lit"y • Expanded Definitiorfof Property Damage "I"11C ruillinAlln limits acceptable shall $300,000 Combined Single Liulfit"" S11) If split limits are provided,the minimum limit," acceptable shall be: ti $200,000 per Person $300,000 per Occurrence $ 50,000 Property Damage An Occurrence Form policy is prel'orrc(l. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of`this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements, 32.3 VEHICLE LIABILITY INSURANCE REQUIREMENTS Recognizing that the work governed by this contract requires the use ot'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 mini gum, liability coverage for: 1b Owned, Non-Owned, and Hired Vehicles _ 21 - RFP for Contractor Services, Removal ot'Invasive Exotic Plants,Monroe Co.Conservation Lands The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided,the minimum lit-nits 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 hisured on all policies issued to satisfy the above requirements. 32.4 WORKERS' COMPENSATION INSURANCE REQUIREMENTS Prior to commencement of work governed by this contract, the CONTRACTOR shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. In addition,the CONTRACTOR shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the CONTRACTOR has been approved by the Florida's Department of Labor as an authorized self-insurer, the COUNTY shall recognize and honor the CONTRACTOR's status. The CONTRACTOR may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the CON'FRACTOR's Excess Insurance Program. If the CONTRACTOR participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONTRACTOR may be required to submit updated financial statements from the fund upon request from the County. 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 caused by a pollution incident. The rnimmurn 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 minimum insurance requirements prescribed elsewhere in this agreement, the Contractor covenants and agrees that he shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses -22 - RFP for Conti-actor Services, Removal of Invasive Exotic Plants,Monroe Co. Conservation Lands —_ that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors in any tier or other invitees during the term of this Agreement, (B) the negligence or willful misconduct of Contractor or any of its employees, agents, contractors in any tier or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation,proceedings, costs or expenses arise from the intentional or sole negligent acts or negligent acts in part or omissions of the COUNTY or any of its employees, agents, contractors or itivitees (other than CONTRACTOR). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event the completion of the project (including the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance,the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. In the event the completion of the project(including the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. 'File first ten dollars ($10.00) of remuneration paid to the Conti-actor is for the indemnification provided for above. The extent of liability is in no way limited to,reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Section 34. INDEPENDENT CONTRACTOR At all times and for all purposes hereunder, the CONTRACTOR is an independent contractor and not an employee of the Board Of County Commissioners. No statement contained in this agreement shall be construed so as to find the CONTRACTOR or any of his/her employees, contractors, servants or agents to be employees of the Board of County Commissioners for Monroe County. As all 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. Tile 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 ornissions, therein which may be disclosed. The cost of tile work necessary to correct those errors attributable to the CONTRACTOR and any damage incurred by tile COUNTY as a result of additional costs caused by such errors shall be chargeable to the CONTRACTOR, This provision shall not apply to any maps, official records, contracts, or other data that may be provided by the COUNTY or other public or semi-public agencies. Section 35.DELAY The CONTRACTOR agrees that no charges or claims for damages shall be made by it for ally 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 ally, shall be compensated for by the C()UNTY 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 Linder this Contract is to be completed by May 15, 2015 or upon reaching the amount of$85,000. After May 15, 2015, this Conti-act may be extended by mutual consent upon the sarne terms for two (2) additional, future grant funding cycles, whether for a greater or smaller slim, and using a different completion date,contingent upon County's receipt of grant funds specifically for tile purposes set forth herein. -23- RFP for Contractor Services„ Removal of Invasive Exotic Plants,Monroe Co. Conservation Lands IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day of 20O.... (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: AMY HEAVILIN, CLERK OF MONROE COUNTY, FLORIDA By — By Deputy Clerk Mayor/Chairman (CORPORATE SEAL) (Name of Contractor) ATTEST: By ——-------- By A -24- RFP for Contractor Set-vices,Removal of Invasive Exotic Plants,Monroe Co. Conservation Lands EXHIBIT A SCOPE OF SERVICES REMOVAL OF INVASIVE EXOTIC PLANTS FROM MONROE COUNTY CONSERVATION LANDS PROJECT IIISTORY Monroe County currently owns or manages approximately 2,000 acres of conservation lands throughout the Keys. Monroe County has received a funding from the Florida Fish& Wildlife Conservation Cormnission, Invasive Plant Management Section, in the amount of$70,000 for contract labor for the removal of invasive exotic plants on parcels selected by the Monroe County Land Steward.,:AJivaddition,the County is providing a local match of$15,000, bringing the total funding available for the l,prolecg to SS5,000, Work must be A conipleted by May 15, 2015. PROJECT LOCATION Lands in this project area consist of public conservation lands located throughotat,the Florida Keys either- owned or managed by Monroe County. Monroe County owns approximately 2,6 acres of'scattered conservation lands throughout the Florida.Keys. This project will target sites that have not already been treated in the Lower and Upper Keys identified below (the majority of thesites are witiii h,e Lower Keys area): Upper Keys: Key Largo; Tavernier d Key, 1 anirod Key; Torch Keys; Big Pine Key Lower Keys: Sugarloaf Keys; Cudjoe K 11 Most individual parcels are only 0.1 acres in size,butt rxaany butiguous and combine to form much larger nia l nagement units, The nutiority of the,,sates are 10641te bor iD6ds, adjacent to residences and roads. Level of infestation varies by site, ranging t-rorn sparse e rafics to dense stands ofBi-azilian pepper. There are no plans or maps for the project area, The seleeibd contractor will be given a list of parcels and aerial maps of Y SCOPE OIL,,',"WORK ..... The project coast of the physical,removal of all Category I and 11 Florida Exotic Pest Plant Council (FLEPPC,) listed spe jes occurring can//,5',,ciccted Monroe County conservation lands, followed by herbicide application and chippi. ..of all resultinj biomass(except as described below for bowstring hemp and leadtree seeds). The contractor wAtlmanage th&ll 'project including the scheduling, subcontracting as necessary, labor, monitoring and reporting rogress !M- p`County will supply locations and maps of project sites. The success p , ', of the project depends on the th&q ghtiess ofinvasive exotic removal. The he County conservation lands contain a wide variety of exotics ranging from grasses to large trees, Different areas of the Keys have different species of concern but Brazilian pepper, Australian pine, Asiatic colubrina, lead tree, seaside malioe, non-native scaevola and bowstring hemp are the most abundant. Most of the sites include a mixture of native vegetation and invasive exotic vegetation. The native vegetation must not be disturbed during the invasive exotic removal. The majority of the sites will be located in uplands, but a few may be adjacent to wetlands (including mangroves). Heavy equipment may not be used in wetlands and Mulch May riot be placed in wetlands. Most sites are within neighborhoods and are easily accessed from adjacent roads. Every invasive exotic species listed by Florida EPPC will be either hand-pulled or cut down and treated with appropriate herbicide. Exotic vegetation must be removed and cannot be left standing(including Australian pines). A "Gyro-trac"or similar forestry machine may not be used for this project. Work may require a bucket truck. Every effort shall be made to avoid damage to native vegetation and wildlife. The Contractor is - 25- RFP for Cojitractor Services,Removal of Invasive Exotic Plants,Monroe Co. Conservation Lands responsible for the initial herbicide treatment and removal of all the specified exotic species, Each cut plant will be cut as low to (lie ground as possible. Cuts will be made level to the ground to minimize herbicide runoff prior to absorption. The herbicide will be applied using a low-pressure spray to minimize driftand non-target damage. A dye shall be used to facilitate identification of treated sterns. An appropriate herbicide shall be applied within one(1)minute of stump preparation. Invasive exotic plant species shall be treated with herbicide as follows: Target Species Treatment Method Asiatic colubrina 50% Garton 3A applied to cut surface iminediately after cut or (Colubrina asiatica) 20% Garton 4 applied to Stump's Cut surface and sides Australian pine 50% Garton 3A applied to cut surface ininiediately after cut o.r (Casuarinasplr) 20% Garton 4 ap2lied to Stump's Cut Surface and sides Beach naUpaka 50% Garton 3A applied to cut surface immediately after cut car (&,wevolasericea,) 10% Garton 4 applied-to stump's cut surface and sides Brazilian pepper 50% Garton 3A applied to'dut surface immediately after cut or (S'ehinns terebi ��V, I -15%Garton 4 app lied',,"t tUnIP'S Cut SUrface and sides lit 10 Lead tree 30%Garton 4 applied,,, inip's cut surface and sides (Leucaena, Seaside rnahoe 50%Garton 3A applied to ltt rfacq,ininiediately upon cutting (l"lues rcasicaiLop All mature(brown) lead tree(Leucaena leucocel)hala)seeds willb&'bagged and left on the site for disposal by the County. Bowstring hemp (Sansevieria h.Yacinthoides) must 156,,physically removed, ensuring that the entire root has been removed, Resultin plant material may either be bajgcd or neatly piled on site(adjacent 9 to the road) lor County pick up All other vegetative debris will be ehipp&d,",,,Jg,, place. On sites where the in utch is to be remove ,d "r M1,111e' by the C Monroe ounty Land Steward, the mulch will be neatly piled a,s c ' by the road for pickupd,by;. '6nroe Codht�,Solid Waste. On sites where the mulch is to realain, the tnulch must be spread neatly across�ihe site withi�i"pt covering remaining native vegetation. Logs that are too large for the chipper Must be Cut into 4 lis4ridjfeatly stacked by the road for pickup by Moitroe County Solid Waste. ' In summary, vegetative debris resultin orn the exoti6 r�tnoval work will be disposed of in one of the following ways (as determined by the COUntyLand Steward): 1. Chipped by the contractor and spread`'"Vle, nly across the site; or 2. Chipped and removed from the site by'Chi contractor,at no expense to the County for the removal (if the Contractor wants the mulch for their own puij)oses); or 1 Chipped and piled on the site by the contractor and removed from the site by the County(if Land Steward determines that on-site disposal is not an option); or 4. Sections of tree trunk that are too large for the chipper may be cut into four foot lengths and piled on site by the Contractor for eventual disposal by the County. The Contractor will not be required to transport or pay for the disposal of any vegetative waste created by the project, unless they keep the mulch for their own purposes. The Contractor will provide all necessary equipment to complete the project including hand tools, chainsaws, chippers, vehicles, bucket truck, sprayers, garbage bags and personal protective equipment, 'rhe 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 ety 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. There are no reimbursable expenses. The proJect is complete when the total cost per hour reaches $85,000 or on May 15,2015,whichever occurs first. All herbicide treatments shall be at least 95% effective in preventing re-sprout of treated plants, If 95% kill -26- RFP for Contractor Services,Removal of Invasive Exotic Plants, Monroe Co. Conservation Lands rate is not achieved for any area of the project after two (2)months past initial project completion; one additional treatment of the exotic plants in the problem area shall be the responsibility of the Contractor at no additional cost to the County. The Contractor shall at all tirries, provide an on-site ground crew supervisor that is certified by the Florida Department of Agricultural and Consumer Services and in good standing with that Department, as part of the work force. Ground crew supervisors will be responsible for: 1)coordination with the Monroe County Land Steward on a daily/weekly basis; 2) all control activities and safety on project sites; 3) assuring that all crews are knowledgeable of, and remain within property and treatment boundaries; 4)assuring appropriate herbicide labels and Material Safety Data Sheets(MSDS)are on site, 5) avoiding damage to native vegetation and wildlife; and 6) strict adherence to all herbicide label application, precautionary,and safety statements. Ground crew supervisors shall be certified by the Florida Department of Agriculture and Consumer Services in the Natural Areas category."flic 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 tnust meet with County staff on a re sis to discuss the progress of the project and to detennine priority areas for treatment. The contractor,' corn lete"Daily Progress Reports for Invasive Plant Control"and submit the completed forms to th&''C�c�unty every two weeks. The Monroe County Land Steward Will Submit permit applications for the propose", erotic removals, however the Contractor is required to pick LIP the pennit from the Monroe County Building Dopgrtrnent and' eep the pen-nit with the crew while working on-site. The contractor must hold a valid Monroe County business tax a Motiroe County Certificate of Competency for a Landscaping Specialty Contractor, A general contractor recei ay apply if he holds a landscaping specialty contractor certificate of competency in Monroe Crai&y or employs a Landscaping Specialty Contractor licensed in Monroe County . The business tax receipt is,', equired for both. Due to the amount of time required to obtain a Certificate of Competency,respondents must submit any required licensing applications to Monroe County prior to bid submission and indicate the status of the application(s),ju.1beir bid package. It is not necessary to have already obtained the certificate prior- to bid submil Additionalp, ,it treatment or rertioval and nonplant debris removal may be added to the project by mutual agrectnent as conditions wan- rit and funds permit, Such agreements for additional work shall be made in writing and agre'ed to by signatUr4f both parties. According to the COUf4' formal agr6dment with Florida Fish &Wildlife Conservation Comilussion, J!, contractors working oil in live exottc,,removal projects must adhere to the following protocol: I • Mandatory decontarninatio' 'i' ot 01S must be followed for vehicles and equipment prior to entering Monroe County from areas d(luside of the County. • When moving equipment from site to site within Monroe County,decontamination requirements will be at the discretion of the County and will be dependent upon the exotic species that were treated at the previous site and on the nature of the treatment sites. • if decontamination is required by the County then the contractor must utilize a designated decontamination site within Monroe County. The County shall Supply the contractor with a list of designated decontamination sites if necessary. Decontainination protocols: • All equipment including but not limited to vehicles, trailer, Arws, and chippers must be cleaned with a pressure washer(at a County approved facility). Decontamination protocols include spraying down all equipment surfaces including the undercarriage and tires to insure that mud, vegetative debris and other debris is not transported trom the previous treatment site. Special attention will be paid to C(ILlipinent,that - 27- RFP for Contractor Services, Removal of Invasive Exotic Plants,Monroe Co. Conseivation Lands 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 an invasive species removal project,the contractor and the County Land Steward shall discuss the necessity for a decontamination plan. If the County requires a plan,then the Contractor shall submit a brief decontamination plan in writing,to the County for approval.The decontamination plan shall identity specific decontamination procedures and decontamination sites. Decontamination protocols may vary depending upon the nature of the treatment site, type of treatment conducted at the site, and the exotic species that were treated. Failure to comply with decontamination protocols constitutes reason f6r,,'contract cancellation and dismissal of the contractor. While notice to proceed will be issued as soon as possible after tlie "( c1t is ti Ila], the prqj ect t imeframe c may be adjusted depending on seasonal conditions, All work must be compI'eted by May 15, 2015. ........ Oi fi . .............. N -28- RFP for Contractor Services,Removal of Invasive Exotic Plants,Monroe Co. Conservation Lands SECTION THREE: COUNTY FORMS Please fallow the couiplete instructiotis to respondents spec4ied in Section I "CowractorSelectioti and Evahiatiori Process RESPONSE FORM RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ,c/o PURCHASING DEPARTMENT GATO BIJILDING,ROOM 2-213 1100 SIMONTON STREET KEY WEST, FLORWA 33040 1 acknowledge receipt of Addenda No.(s) ,....... , I have included(check mark items included): • Lobbying and Conflict of Interest Clause • Non-Collusion Affidavit • Drug Free Workplace Form • Public Entity Crime Statement • Insurance Requirements • Local Preference Form(if applicable) . ........... In addition, I have included a current copy of the following Ei9f Les sty iialp i occu ational licenses: List all personnel and price per man-hour, inclusive of all travel and other ex (there will be no reimbursable expense items). Please follow a similar,format to that shown in L 4� j"",,draft contract(Section 2 of RFP): h 4, Title Hourly Rate ..................... ........... .......... Mailing Address: Telephone: Email: Fax:. Date: Signed: Name: (Seal) Title: STATE OF: COUNTY OF: Subscribed and sworn to(or affirmed) before me on (date) by (name of affiant). He/She is personally known to me or has produced ..................... (type of identification)as identification. NOTARY PUBLIC My Commission Expires: -29 - RFP for Contractor Services, Removal of Invasive Exotic Plants,Monroe Co. Conservation Lands ........... LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN s,rATEMENT UNDER ORDINANCE NO, 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE (Company) "...warrents that fie/it has not employed, retained or otherwise had act on his/her behalf any fornier County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without fihb ility and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recove4,14h&,full amount of any fee, commission, percentage, gift, or consideration paid to the former County offic, "D employee," S I U ig I Date 71 s,f'xrE OF: ............ (",',OU[N'1'Y OF: Subscribed and sworn to(or affirmed) before me on by (name ofaffiant). 14e/She is personally known to me or has ell produced 'I ication(type of identification) as identification. NOTARY PUBLIC My Coirrinission Expires: -30- RFP for Contractor Services, Removal of Invasive Exotic Plants,Monroe Co. Conservation Lands NON-COLLUSION AFFIDAVIT of the city of W. according to law on my oath, and under penalty of perjury, depose and say that a. I am of the firm of the bidder making the Proposal for the project described in the Request for Proposals for and that I executed the said proposal with full authority to do so; 21� b the prices in this bid have been arrived at indepencle "it out collusion, consultation, comninnicat ion or agreement for the purpose ofres,,'I C petition, as to any matter relating to such prices with any other bidder or>w*, an d rhpctitor, c, unless other-wise required bylaw,the prices whicl Dave been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly lae disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any c6r*titor; and d. no attempt has been made or will be made by the bidder to induce any other person, partnership 2, or corporation to submit, or not to subirut, a bid for the purpose of restrict, ,competition; e. the statements contained in thi ,,,ffrdavit are true and correct, and made with full knowledge that Monroe County relies u t ft'?tit of the statements contained in this affidavit in awarding contracts for said prcijf (Signature) Date: STATE OF: COUNTY OF: N Subscribed and sworn to(Or affirmed)before me on (date) by (name ofafflant), He/She is personally known to me or has produced'.. ——-------------- (type of identification) as identification. NOTARY PUBLIC My Con-nnission Expires: - 31 - RFP for Contractor Services,Removal of Invasive Exotic Plants,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. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that, may be impaosed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that, arc under bid, the employee will abide by the terms of the statement arid will notify the employer of a' riviction of, or plea of guilty or nolo contenderre to, any violation of Chapter 893 (Florida S or of any controlled substance law of the United States or any state, for a violation occurrin e workplace no later than five (5) days after such conviction. " 5. Impose a sanction on, or require the satisfactc*,�R,,�,parti6tpiatitan in a drug abuse assistance or rehabilitation program if such is available in the ernpioye,ql,' community , or any cinployee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-ff rkplace through implementation of this section. As the person g authorized"'J�0/-E in tatement, I certify that this firm complies fully with the above, requirements. tore) A, Date: STATIC OF: COUNTY OF: Subscribed and sworn to(or affirmed)before me on (date) by (narne of affiant). Ile/She is personally known to me or has produced (type of identification) as identification, NOTARY PUBLIC My Commission Expires: . 32 - RIT for Contractor Services, Removal of Invasive Exotic Plants,Monroe Co. Conservation Lands PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public: entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not, submit bids on,leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CA,rEG0RYTW0 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 of nned) before me (date) by (naniel"01 affiant)�. Ile/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC My Commission Expires: - 33 - RFP for Contractor Services,Removal of Invasive Exotic Plants,Monroe Co. Conservation Lands 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/ltesponder__,,,.,__,_,_,_,_,. 1. Does the vendor have a valid receipt for the business tax paid to the Monroe County'Fax 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 froin �vhich the vendor operates or performs business on a day to day basis that is a substantial component of the goods or services being offered to Monroe County? List Address: . . ............................................... Telephone Number: ........................... 13, Does the vendor/prime contractor intend to subcontract 50%or more of the goods,services or construction to local businesses meeting the criteria above as to licensing and location'! If yes,please provide: 1. Copy of Receipt of the business tax paid to the­';",i',. r e 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 C"orrnty 1'r ich the';`w"beontractor operates: r 1, h1't'itrt Name: Signature and J'itIe'64fA r.ized Signatory for Ilidder/Resplon, r STATE OF )IN, COUNTY OF 011 this day o f 20 befibre me, the undersigned notary public, personally appeared me to be the person whose name is subscribed above or who produced as identilk4tion, and acknowledged that fie/she is the person who executed the above Local Preference Form for the purposes therein contained, Notary Public Print Name My commission expires'- ........... Seal 34- RFP for Contractor Services,Removal of Invasive Exotic Plants,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 erriployces harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to arty 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 Agreerrient, (13) the negligence or willful misconduct of Contractor or any of its employees, agents, contractors in any tier or other invitees, or(C) Contractor's default in respect of any of the obligations that it undertakes under the ternis�61,,,Jhis Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs,or-.eXpenses arise from the intentional or sole negligent acts or negligent acts in part or omissions of the CO.QNiy or any of its employees, agents, contractors or actions, causes of action, litigation, proceedings, invitees(other than CONTRACTOR), Insofar as tile",, , , 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 oe,a of this Agreenicrit. 'V In the event the cornpletion of the project(including the work of",others) is delayed or suspended as a result of the Contractor's flailure to purchase or maintain the required insuranteJhe Contractor shall indemnify the County from any and all increased expenses resulting frorn such delay. In the event the �,t(including the work of others) is delayed or suspended as a result of projo', the Contractor's filihirc or to the required insurance, the Contractor shall indemnify the County from any and all inc ed i experi sis q resulting from such delay. `"Fhe first ten do I tars ($10.00)0 f reffluner tron0aid1to the Contractor is for the indemnification provided for above. T lie extent of liability is in no way lirnitedti reduced, or lessened by the insurance requirements contained elsewhere within this agreement. -35- RFP for Contractor Services,Removal of Invasive Exotic Plants,Monroe Co. Consen°ation'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 under this contract (including the pre-staging oi"personnel and material), the Contractor shall obtain, at his/her own xpense, insurance as specified in any attached schedules, which are made part of this contract. The,',Ctrtitractor will ensure that the insurance obtained will extend protection to all. Subcontractors eng ed,;h the Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance consistent t th the attached schedules. The Contractor will not be permitted to commence work governed by this eon(iaet (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has b 6n furnished to the County as specified below. Delays in the commencement of work, resulting from the failutq,of the Contractor to provide satisfactory evidence of the required insurance, shall not, extend deadlines spe6i!1ed in this contract and any penalties and failure to periorni' ass s ments shall be imposed as if the or commenced on the specified (late and time, except for the Contra(,tbf" faalurc to provide satisfactory evidence. The Contractor, shall maintain the requrired in rttatace threiit' l)caut the entire teen of this contract and any extensions specified in the attached schedules.'' ailtrrc. tra <coaily„with this provision may result in the immediate suspensionof`all work until the reelturrerl'�itasuuaaa e has l "rreinst:ated or replaced. Delays in the completion or work resulting from the failure of the Contractor to maintain the required insurance shall not. extend deadlines specified in this contract and any pert hies and failure to perform assessments shall be imposed as if ihe,,work,had not been suspended, except fox,the Contractor's failure to maintain the required insurance. The Contr for shall provtcle, to the County, as satisfactory evidence; of the required insurance, either. 0 Cer titictat,e ofInsuranep Or 0 A Certifie e"copy o f tote 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. -36- RIFP for Contractor Services,Removal of Invasive Exotic Plants,Monroe Co.Conservation L,ands All insurance policies must specify that they are not Subject to cancellation, TIOTI-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. 'rhe 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 Commissioner%, its employees and officials will be included as "Additional Insured"on all policies, except for Workers' Compensation. Any deviations from this General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requiremertis" and approved by Monroe County Risk Management. -37- RFP for Contractor Services,Removal of Invasive Exotic Plants,Monroe Co. Conservation Lauds 'WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT : BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statues. In addition,the Contractor shall obtain Employers' Liabiffty Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limit, $100,000 Bodily Injury by Disease, each employee �� Coverage shall be rnairitained throughout the entire terns of the co't"I Coverage shall be provided b a,,,cornpany or companies authorized to,,,,transact business in the state of JV Florida. "the Florida's Department of Labor, as an aUthorized self-insurer, If the Contractor has be prove( )y,/',"/1 the County shall recog 7ize a n," onor,t (3ontractor's status. T C he ontractor may be required to Submit a ,,,,of Labor and a Certificate of Insurance, providing details Letter of"Authorization issued b�/'/fh "ait oar the Contractor's Excess Insuratic6/Trograni. If the Contractor participates in a self-i, ""at-ice fund, a Certificate of u Insurance will be reqired. In addition, the Contractor may be require to,,' ubruit updated financial statements from the fund upon request from.the County. - 38- RFP for Contractor Services,Removal of Invasive Exotic Plants,Monroe Co. Conservation Lands GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain General IJability 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 shalt be: $300,000 Combined,Single 1-in-rit(CST..,) 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 Additional Insured on all policies issued to satisfy the above requirements. - 39- RFP for Contractor Services,Removal of Invasive Exotic Plants,Monroe Co. Conservation I..,ands GENERAL LIABILITY INSURANCE REQUIREMENTS FOR. CONTRACT BETWEEN MO IROE COUNTY, FLORIDA AND r Prior to the commencement of work governed by this contract, the C:"c�tat,ractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of tlte' otatract and include, as ca I-niniannin: • Premises Operations,,,,,"', • Products and C"on pl ;te ;Q erations • Blanket Contractual t abiltt • Personal h1jury f iabxlaty „ • Expanded Definition of t"1 1Iaerty Dam e,,,, The minimu;rn limits acceptable shall be: $300,O00 Combined Single Limit (CSI.,) If"split littaits je irovtt 1..,the minimum limits acceptable shall be: f , Sl6b; 00 per Person $300,OOQ,per Occurrence S 50,000 Pr9perty Damage An Occurrence Form g llcy is prefet,' d. If coverage is provided oa a. Claims Made policy, its provisions should include coverage,far,,clainis filed on or aver the effective date of this contract. In addition, the period for which claims orted should extend far a anininatuaa of twelve (12) months following the acceptance of work by the County. The Monroe County Board of C`'ottrity Commissioners shall be nK rued as Additional Insured on all policies issued to satisfy the above requirements. - 39- RITT for Contractor Services,Removal of Invasive Exotic Plants, Monroe Co.Conservation Lands VEHICLE LIABILITY 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 cornmencernent 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: 0 Owned, Non-Owned, and,.Hired Vehicles The minimum limits acceptable shall be: $300,000 Combined Single 1.imit ('CSL,) If split limits are provided, the minimum.limits acceptable shall be: $200,000 per Pei-son $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- RF'P for Contractor Services,Removal of Invasive Exotic Plants,Monroe C.o.Conservation Lands ..___. VEHICLE LIABILITY W_ INSURANCE REQUIREMENTS FOR. CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Recogmizing that the worry governed by this contract requires the use of wha les, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability 1:11sa,tratice. Cov a c shall be maintained throughout the lile of the contract and include,as a minimum, liability coverage Ior +� Owned, Non-Owned, and! iced V ehicles The rninimurn limits acceptable shall be: �% ° ,r,T, $300,000 Combined Single Limit (CS'L� d` if split limits are provided, the minimum lit-nits acceptable shall be: S 100,000 per Person 300,000 per Occurrence f 50,000 Property Damage The Monroe County Board of County Coantnissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. -40- IUT for Contractor Services,Removal of Invasive Exotic Plants, 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, treatement, 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 IJability Insurance which will respond to bodily injiny, property damage, and environmental damage caused by a pollution incident. The minimum limits of liability shall be: $500,000 per Occurrence 1,000,000 A"41 If converage is provided on a claims made basis, an eaten claims reporting period of four (4) years will be provided. -41 - RFP for Contractor Services,Removal of Invasive Exotic Plants,Monroe Co. Conservation Lands ........... -—-------- Respondent's Insurance and Indemnification Statement Insurance Requirement Required Units Worker's Compensation S 100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease,policy limit,,; S 100,000 Bodily li1jury by Disease,each employee General Liability $300,000 Combined Single Limit If split limits are, provided, the minimum limits acceptable shall be: $200,000 per per,"s, $300,000 per,octOui $50,000 propely'daina9p),", Vehicle Liability $300,000 Combined ,Single rifaat If split limits are provided tlae,i oiniurn limits acceptable shall be: $200,000 per person $300,000 per occurrence $50 000 property damage Pollution Liability "$`.�,'00,000 per occurrence 'I '�PQO Aggregate If C ragd-""Isnp rovided on a claims made basis, an extended ove `aahns reportirt' `period of four(4)years will be required INDEMNIFICATION AND HOLD HARMLESS MkICO S'LJL�jA'�N T S',"A, NQ SUBCONSULTANTS , Notwithstanding any minimum insurance reqtiirements�''��, ibect elsewh� e in this agreement, the Respondent covenants and agrees that he shall defend, indemnify an'' 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, (it) any litigation, a(imimsttaU�"--V"'b proceedings, appellate proceedings,"& other proceedings relating to any type of injury (including death); osq; (iafii�tge, fine, penalty or business intern;ption, and (in) any costs or expenses that may be asserted,against, initiated wail~reyect to, or sustained by, any inderninfied party by reason of, or in connection with, 6 (A) any a6ii ity of Respondent o ',any of- its employees, agents, contractors in any tier or other invitees during the t I crin of this'A&eernent, (B) the negligence or willful misconduct of Respondent or any of its employees, agents, respondents in an ,tier or other invitees,, or (C) Respondent's def`aUlt in respect of any of the obligations that it undertakes Linder the tarxns of this Agre`ernent, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or �xlaeiises arise Ervin'illthe intentional or sole negligent acts or negligent acts in part or omissions of the COUNTY or any d"its, crnployeesi'agents,contractors or invitees (other than RE S POND]-'NT). Insofar as,the claims, actions,causes of actitira litigatk)p,proceedings,costs or expenses relate to events or circumstances that occur during the term of this Agrecan jlu-5,section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event the completion of the proJect(including the work of others)is delayed or suspended as a result of the Respondent's failure to purchase or maintain the required insurance,the Respondent shall indemnify the County from any and all increased expenses resulting from such delay. In the event the completion of the prqject(including the work of others) is delayed or suspended as a result of the Respondent's failure to purchase or maintain the required insurance, the Respondent shall indemnify the County from any and all increased expenses resulting from such delay. Elie first ten dollars($10.00)of remuneration paid to the Respondent is for the indemnification provided for above, The extent of liability is in no way limited to,reduced,or lessened by the insurance requirements contained elsewhere within this agreement. RESPONDENT'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Respondent Signature Date -42- 1UP for Contractor Sen,,ices,Removal of Invasive Exotic Plants,Monroe Co. Conservation Lands ............ INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the bidder nand below. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES --—------------ .......... Liability policies are Occurrence .-Clairris Made .......... Insurance Agency nature Print arw��,"',,`,,,,,,, J, -43 - RFP for Contractor Services, Removal of Invasive Exotic Plants,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 requirements specified within this manual. Recognizing this potential, and acting on the advice of the County Attorney, the Board of County Commissioners has granted authorization to Risk Management to waive and modify various insurance provisions. Specifically excluded from this authorization is the right to waive: 0 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; Isions Waiving of insurance provisions could expose the County to oul ,"to economie, loss. For this reason, every attempt --------------- should be made to obtain the standard insurance or a modification is desired, a Request for Waiver of Insurance Requirement form'-sh, tild be completed and submitted for consideration with the proposal. After consideration by Risk Management and if approved, the fo"'I'Vill be returned, to the County Attorney who will submit er with tlae other contract documenM I execution by the Clerk of the Courts. 'AV Should Risk Nlanagement&ny this Waver Request, the other party may file an appeal with the County Administrator or the Board of ity-001,T-H ssioners, who retains the final decision-making authority. -44- RFP for Contractor Services, Removal of Invasive Exotic Plants, 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 lJatvcz will apply Signature cifTontractor: 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 hij. by Disease, policy Imts $100,000 Bodily I nj. by Disease, each emp, 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 Person (Owned, non-owned and hired vehicles) $300,000 per Occurrence $ 50,000 Property Damage $300,000 Combined Single Limit Pollution Liability $500,000 per Occurrence $1,000,000 Aggregate The Monroe County Board of County Commissioners shall be named as Additional insured on all p()1iCieS issued to satisfy the above requirements. -46-