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Item H5 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 10, 2014 Division: , Growth Management Bulk Item: Yes X No — Department: Land Steward Beth Bergh Staff Contact Person/Phone#: x 2511 AGENDA ITEM WORDING: Approval of a contract with Dot Palm Landscaping, Inc. for the removal of invasive exotic plants from Monroe County conservation lands. I1 I EM BACKGROUND: Monroe County has been awarded $70,000 from the Florida Fish & Wildlife Conservation Commission (FFWCC), lnvasive Plant Management Section (IPM), for the contracted removal of invasive exotic plants frorn, Monroe County conservation lands, The County is providing a local match of $1.5,000 bringing the project total to $85,000. The local match will be funded by mitigation fees paid into the Monroe County Environmental Land Management & Restoration Fund; this cost is budgeted. A Request for Proposals was advertised with a closing date of October 15, 2014. A selection committee met in a publicly advertised meeting on October 27, 2014 to evaluate the proposals. The Board approved the selection committee's reconirnendation of Dot Palm as the selected contractor at their November meeting. PREVIOUS RELEVANT BOCC ACTION: November 18, 2014—Approval of Dot Palm as the selected contractor August 20, 2014—Approval to advertise a request for proposals for this project August 20, 2014—Approval of a task assignment with FFWCC which provides the County with $70,000 in funding for the contracted removal of invasive exotic plants CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: $85,000 —INDIRECT COST: - NA BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: 1150 r)oints (2 percent) COST TO COUNTY: $15 000 SOURCE OF FUNDS: Fund 160—Environmental Restoration REVENUE PRODUCING: Yes — No X AMOUNT PER MONTII.— Year &� co APPROVED BY: County Atty OMB/PuO�iasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Dot Palm Landscaping Contract 4 Effective Date: Upon execution Expiration Date: May 15, 2015 Contract Purpose/Description: Contracted removal of invasive exotic plant species from publicly owned conservation lands in Monroe County. Contract Manager: Beth Bergh 2511 Growth (Name) (Ext.) (Depaitment/Stop #) for BOCC meetini on, 12/10/14 Agenda Deadline: 11/26/14 CONTRACT COSTS Total Dollar Value of Contract: $ 85,000 Current Year Portion: $ 85,000 Budgeted? Yes® No Account Codes: Grant: $ 70,000 County Match: $ 15,000 ADDITIONAL COSTS Estimated Ongoing Costs: $Q_/yr For: (Not included in dollar value above) (eke. maintenance, utilities,janitorial,salaries,etc.) WWONWMNWX� CONTRACT REVfEW Changes Date Out Date In Needed Reviewer Division Director Yesn No[—] Risk, Management Yes ] NoEj' O.M.B./Purchasing /11 YesF] NoE�' ('11 La�Qu County Attorney Yesn Noff Comments: OMB Form Revised 2/27/01 MCI'#2 MONROE COUNTY CONTRACT FOR PROFESSIONAL SERVICES PROFESSIONAL SERVICES FOR T14E REMOVAL OF INVASIVE EXOTIC PLANT SPECIES FROM MONROE COUNTY CONSERVATION LANDS THIS CONTRACT is made and entered into this day of by MON RO I-" COtJNTY ("COUNTY"), a political subdivision of the State of Florida, whose address is the Marathon Government Center, 2798 Overseas 1-lighway, Marathon, Florida, 33050, and DOT PALM LANDSCAPING, INC. ("CONTRACTOR"),whose address is 5200 Overseas Highway. Marathon, Florida 33050. Section 1. SCOPE OF SERVICES Tile CONTRACTOR shall do, perform and carry out ill a professional and proper manner certain duties as described in the Scope of Services—Exhibit A —which is attached hereto and made a part of this agreement. Section 2. COUNTY'S RESPONSIBILITIES 11 Provide all best available data and base maps as to the COUNTY'S requirements for Work Assignments. Designate in writing a person ("Project Manager")with authority to act on the COUNTY'S behalf oil all matters concerning the Work Assignment, 2,2 Furnish to the CONTRACTOR all existing plans, Studies, reports, and other available data pertinent to the work, and obtain or provide additional reports and data as required by the CONTRACTOR. The CONI'RACTOR shall be entitled to use and rely upon Such int"01-111atfoll and services provided by the COUNTY or others in performing the CONTRACTOR'S services, 23 Arrange for access to and make all provisions for the CONTRACTOR to enter upoll public and private property as reasonably required,and legally allowed, for the CONTRACTOR to perform services hereunder. Any obstruction to such access by private property owners shall not constitute a basis for waiver of any other required entries on to public and private property, nor shall it provide a basis for termination of the contract. Ili the event that such access is so obstructed, CONTRACTOR and COUNTY shall work together to resolve the dil"11culty in a timely manner. 2.4 Perform such other functions as are indicated in Exhibit A. 15 Provide a schedule that is mutually agreeable to the COUNTY and CONTRACTOR. Section 3. TIME OF COMPLETION Tlie services to be rendered by the CONTRACTOR shall be commenced upon written notice from the COUNTY and tile 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 111LItUal consent of the COUNTY and CONTRACTOR. Subsequent services shall be performed ill accordance with schedules of performance which shall be mutually agreed to by COUNTY and CONTRACTOR. Section 4. COMPENSATION 4.1 The maximum compensation available to the CONTRACTOR under this agreement is $85,000,00. The COUNTY agrees to pay the CONTRACTOR based on completion of work within the Scope of Service according to progress reports and other documentation to show the hours expended by each of the CONTRACTOR'S on-site staff. There will be a 5% retainage by COUNTY until the kill rate requirements established in the Scope of Services are satisfied. Because the work must be completed by May 15, 2015, compensation shall be only for (lie allIOLIllt of work completed, regardless of the cause of any delay. 4.2 The hourly billing rates of the CONTRACTOR for on-site personnel, expected to include all costs including administrative costs, travel and equipment, used in calculating the compensation due are: Position Hour!y Rate ig Dollars) Certified Crew Supervisor $65.00 Crew Member $55�00 .....-------- Bobcat Operator $85.00 Section 5. PAYMEN,r TO CONTRACTOR 5.1 Payment will be made according to the Local GovernrnentPronip( Payment Act. Any request f,or payment must be in a form satisfactory to the County Clerk(Clerk). 1,lie request must describe in detail the set-vices performed and the payment amount requested. The CONTRACTOR Must ,submit to the COUNTY Project Manager, who will review the request. The Project Manager shall note his/her approval on the request and forward it to the Clerk for payment. 11'reqUest for payment is not approved, the Project Manager rmlSt inform the CONTRACTOR in Nvritin,".; that must include an explanation of the deficiency that caused the disapproval of the request. 5.2 CONTRACTOR shall submit invoices with progress report of activities on a weekly or otherwise regular basis until the work under this agreement is completed. 53 Continuation of this contract is contingent upon annual appropriation by Monroe C01.111t}% Section G. CONTRACT TERMINATION Either party may terminate this contract because of the failure Of the other party to perform its obligations under the Contract. COUNTY may terminate this contract for any reason upon fifteen (15) days, notice to the CONTRACTOR. COUNTY shall pay CONTRACTOR for work performed through the date of' termination. Section 7. AUTHORIZATION OF WORK ASSIGNMENTS 7.1 All work assignments beyond or in addition to EXHIBIT "A" shall be authorized in a signed doeurnent (Work Order) in accordance with the COUNTY's policy prior to any work being conducted by the CONTRACTOR. 7.2 Additional authorizations may contain additional instructions or provisions specific to the authorized work for the purpose of clarifying certain aspects of this Agreement pertinent to the work to be undertaken. Such supplemental instruction or provisions shall not be construed as a modification of this Agreement. Authorizations shall be dated and serially numbered. 7.3 The CONTRACTOR shall not assign, sublet or transfer any rights under or interest in (including, but not without limitations, moneys that may become due or moneys that are due) this agreement or subsequent Work Assignment without the written consent of the COUN"I'Y, except to the extent that any assignment, subletting, or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to any assignment, no assignment will release or discharge the assignor from any duty or responsibility Linder this agreement. Section 8. NOTICES All notices, requests and authorizations provided Tor herein shall be in a signed document and shall be hand delivered, or mailed, certified /registered/return receipt requested, or sent by courier service with a signed receipt,to the addresses as follows: To the COUNTY: Christine Hurley, Division Director Monroe County Growth Management Division 2798 Overseas I lighway, Suite 410 Marathon, Florida 33050 Roman Gastesi, County Administrator 1100 Simonton Street, Suite 205 Key West, Florida 33040 To the CONTRACTOR: John Harrison, President 5200 Overseas Hwy Marathon, Florida 33050 or addressed to either party at such other addresses as such party shall hereinafter furnish to the other party in writing. Each such notice, request, or authorization shall be deemed to have been duly given when so delivered,or, if mailed,when deposited in the mails, registered, postage paid. Section 9. RECORDS CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance Linder this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and tirnely access to such records of each other party to this Agreement for public records purposes during the term of the agreement and for four years following the termination of this Agreement. If in auditor eniplo ed ley the COUNTY or Clerk determines that moneys paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the moneys together with interest calculated pursuant to Sec. 55.03, FS, running frorn the date the monies were paid to CONTRACTOR, Section 10. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS, 010 AND 020-1990 I'lie CONTRACTOR warrants that it has not employed, retained or otherwise had act on its behalf airy former or Current County officer or ernplOyCC subject to the prohibition of Sections 2 in(] 3 of(-)rdinance No. 010-1990 as amended by Ordinance No. 020-1990. For breach or violation of this provision the COUNTY may, in its discretion, terminate this agreement without liability and may also, In its discretion, deduct from the agreement or purchase price, or otherwise recover the full aniourt of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. Section 11. CONVICTED VENDOR A person or affiliate who has been placed on, the convicted vendor list following a conviction lor public entity crime inay 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 ']-'his Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. Section 13. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a COLIFt of competent ,jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement., shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement sliall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNIN and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. Section 14. ATTORNEY'S FEES AND COSTS The COUNTY and CONTRACTOR agree that in the event any Cause Of action Or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreernent, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket \expenses, as an award against the non-prevailing party, and shall include attorney's fees, Courts Costs, investigative, and Out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Horida Rules of Civil Procedure and ustial and customary procedures required by the circuit court Of N4onroe 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 nd party represents a warrants to tile other that the execution, deliver), and perforniance of' this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Section 17. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no res0tition can be agreed upon Within 15 clays after the first meet and confer session, (lie iSSLIC Or issues shall be discussed at a public meeting of tile Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have tile right to seek such relief or remedy as may be provided by this Agreement or by Florida law. Section 18. COOPERATION Inn the event any adrninistrative or legal proceeding is instituted against either part), relating to the formation, execution, performance, or breach of this Agreerrient, 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 set-vices under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Al(,reeinent shall be required to enter into any arbitration proceedings related to this Agreement. Section 19. NONDISCRIMINATION COUNTY and CONTRACTOR agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of`competent jurisdiction that discrimination has occurred,this Agreement automatically terminates without any further action oil the part of any party, effective the date of the court order. COUNTY or CONTRACTOR agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrinlination. These include but are not firnited to: Title V11 of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination oil the basis of race, color or national origin; Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination oil the basis of sex; Section 504 of the Rehabilitation Art of 1973, as amended (20 LJSC s. 794), which prohibits discrimination on the basis of handicaps; The Age Discrimination Act of 1975, as amended (42 USC ss. 6 f 0 1-6107) which prohibits discrimination on the basis of age; The Drug Abuse Office and Treatment Act of l 972 (PL 92- 255), as amended, relating to nondiscrimination on the basis of drug abuse; The Cornprehei)sive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (Pt, 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism-, The Public I-lealth Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to cont'identiality, of alcohol and drug abuse patent records; Title 'Vill of the Civil Rights Act of 1968 (42 USC s. et seq.). as ,intended, relating to nondiscrimination in the sale, rental or financing of housing; The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to tune, relating to nondiscrimination on the basis of disability; Any other nondiscrimination provisions in any I"ederal or, state statutes which may apply to the pat-ties to,or the subject matter of, this Agreement, Section 20. REQUIREMENT TO USE E-VERIFY CONTRACTOR agrees to: (1) utilize the US Department of Homeland Security's E-verity system to verify the employment eligibility of all new employees hired by CONTRACTOR during the term of this Contract; and, (2) include in all subcontracts under this Contract, the requirement that Subcontractors performing work or providing services pursuant to this Contract utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontnictor dt.lrillg, the Icrin of the Subcontract. The Department of Homeland Security's E-Verify system can be found on-line at use is. v/e- yeLif The CONTRACTOR agrees to enroll in the E-Verify system prior to hiring any new employce after the effective date of this Contract. CONTRACTOR further agrees to maintain records of its participation and compliance with the provisions of the E-Verify program, including participation by its subcontractors as provided above, and to make such records available to the COUNTY. This iiIClUdes maintaining a copy of proof of CONTRACTOR's and subcontractor's enrollment in the program. Compliance with the terms of this provision is made an express condition of this Contract and the COUNTY may treat a failure to comply as a material breach of the Contract, Section 21. COVENANT OF NO INTEREST COUNTY and CONTRACTOR covenant that neither presently has any interest,and shall not acquire any interest,which Would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. Section 22. CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply Nvith the standards of conduct for public officers and employees as delineated in Section 112.311, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain infortriation. Section 23. NO SOLICITATION/PAYMENI The COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed not,retained any company or person, other than a bona fide employee working solely for it, to solicit or secure (his Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firin, other than a bona fide employee working solely for it, any fee, commission, percentage, gill, or other consideration contingent upon or resulting from the award or making of this Agreement. For (lie 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 24. PUBLIC ACCESS Pursuant to F.S. H 9.070 1,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 rcquired by Monroe County in order to perform the service. (b) Provide the public with access to public records on the terms and conditions that Monroe County would provide the records and at a cost that,does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost. to M on roc Co Li ni y aIll public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to Monroe County in a Formal that is compatible with the information technology systems of Monroe County. (e)The county shall have the right to unilaterally cancel this Agreement upon violation ofthe provision by contractor. Section 25. NON-WAIVER OF IMMUNITY Notwithstanding the provisions of See. 768.28, Florida Statutes, the participation of the COUNTY and the CONTRACTOR in this Agreement and the acquisition of any commercial liabdity 111SUrance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COTJNTY be required to contain any provision for waiver. Section 26. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from, liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of. officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers,or employees outside the territorial limits of the COUNTY. Section 27. LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. 'I I his Agreement is not, intended to , nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further„ this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of' the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. Section 28. NON-RELIANCE 13Y NON-PARTIES No person or entity shall be entitled to rely upon the terms,or any of there, 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 tile COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent, officer,or employee of either shall have tile authority to inlorrn, COLMSel, or otherwise indicate that any particular individual or group ofindividUals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. Section 29. ATTESTATIONS CONTRACTOR agrees to execute Such documents as the COUNTY may reasonably reqUire, to include a Flublic Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. Section 30. 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 inernber, officer,agent or employee of Monroe County shall be liable personally oil this Agreement or bC SL,lh�jcct to any personal liability or accountability by reason of the execution of this Agreement. Section 31. EXECUTION IN COUNTERPARTS This Agreement may be executed in, any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the sarne instrument and any of the parties hereto may execute this Agreement by signing any such Counterpart. Section 32. SECTION HEADINGS Section headings have been inserted in this Agreement as a triatter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be use(] in the interpretation of any provision of this Agreement. Section 33. INSURANCE POLICIES 33.1 General Insurance Requirements for Contractors and Subcontractors As a pre-requisite of the work governed, or the goods supplied under this contract (including, the pre- staging of personnel and material), the CONTRACTOR shall obtain, at his/her own expense. insurance as specified in any attached schedules, which are made part of this contract, The CONTRACTOR Nvill ensure that the insurance obtained will extend protection to all Subcontractor's engagcd by the CONTRACTOR. As an alternative, the CONTRACTOR may require all Subcontractors to obtain insurance consistent with the attached schedules. "File CONTRACTOR will not be permitted to commence work governed by this C011traCt (illClHdirig pre- staging of personnel and material) until satisfactory evidence of the required insurance his been furnished to the COUNTY' as specified below. Delays in the commencement of work, resulting Porn 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 failure to perform assessments shall be imposed as if the work commenced oil the specified date and time, except for the CONTRACTOR's filihWe W PI-OVide satisfactory evidence. The CONTRACTOR shall maintain the required insurance throughout time 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 relAiced. Delays in the completion of work, resulting from the failure of the CONTRACTOR to maintain the requird insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not. been Suspended, except for the CONTRACJOR's failure to maintain the required insurance. `-File CONTRAC'f'OR 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. 'file County, at,its sole option, has the right to request a certified copy of any or all irISM-811CC 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.mininiurn of thirty (30) days prior notification is given to time County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be C01IStRIC(I as relieving die C I ontractor froni any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" oil all policies, except for Workers' Compensation. 33.2 INSURANCE REQt..JIREMENTS FOR CONTRACT BETWEEN COUNTY AND CONTRACTOR Prior to the commencement of work governed by this contract, time CONTRACTOR shall obtain General [Jability Insurance, Coverage shall be maintained throughout time life of the contract and include, as a minimum: • Premises Operations • Bodily Injury Liability • Expanded Definition of Property Damage The MillinlUrn limits acceptable shall be: $300,000 Combined Single Limit(CSL) If split limits are provided, the minimum limits acceptable shall be: $200,000 per Person $300,000 per Occurrence $ 50,000 Property Damage Ali Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed oil or after the effective date of this, contract. In addition, the period for which claims may be reported should extend for a rilininium of twelve (12) months 66114.a ving the acceptance of work by the County. The Monroe County Board Of County Commissioners shall be named as Additional 111SUred oil all policies issued to satisfy the above requirements. 333 VEHICLE LIABILITY INSURANCE REQUIREMENTS Recognizing that the work governed by this contract requires the use of vehicles, the CONTRACTOR, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage sliall 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 Limit(CSL) If split limits are provided, the minimum limits acceptable shall be: $200,000 per Pet-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. 33.E WORKERS' COMPENSATION INSURANCE REQUIREMENTS Prior to commencement or 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 (if not kss 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 all authorized self- insurer, the COUNTY shall recognize and honor the CONTRACTOR's status. The CONTRAGFOR may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the CONTRACTOR's Excess Insurance Program. If the CONTRACTOR participates in a self-insurance fund, a Certificate Of Insurance will IV W(11,lircd. In addition, the CONTRACTOR may be required to submit updated financial statements from the fund Upon request from the County. Section 34. INDEMNIFICATION Notwithstanding any rnininnurn insurance requirements prescribed elsewhere in this agreement, tile Contractor covenants and agrees that he shall defend, indemnify and hold the COUNTY and the CC: UNTY's elected and appointed officers and employees harmless fro and of (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors in any tier or other invitees during the terin of this Agyrcernent, (B) the negligence or willful misconduct of Contractor or any of its employees, agents,, contractors iti any tier or other invitees, or (C) Contractor's default in respect of any of the obligations that it under-takes under the terms of this Agreement, except to the extent the claims, actions, CaLlSeS Of HCtiffll, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or negligent acts in part or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than CONTRACTOR). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the terns 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 stispended as a result of the Contractor's failure to purchase or maintain tile required insurance, tile Contractor shal I indemnify the County from any and all increased expenses resulting from Such delay, The first tell dollars ($10.00) of remuneration paid to the Contractor is l'or the indemnification provided for above. The extentt of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Section 35. INDEPENDENr CONTRACTOR At all times and for all purposes hereunder, the CONTRACTOR is an independent contractor aiid not an employee of the Board of County Commissioners. No statement contained in this agreement shall be COJIStrUed so as to find the CONTRACTOR or any of his/her employees, contractors, servants or agents to be employees of the Board Of County Commissioners for Monroe County. As an independent contractor the CONTRACTOR shall provide independent, professional judgment and comply with a]I flederal, state, and local statutes, ordinances, rules and regulations applicable to the services to be provided. The CONTRACTOR shall be responsible for the completeness and accuracy of its work,, plan, supporting data, and other documents prepared or compiled under its obligation for this project, and shall correct at its own expense all significant errors or omissions therein which may be: disclosed. The cost of the work necessary to correct those errors attributable to the CONTRACTOR and any damage ge incurred by the COUNTY as a result of additional costs caused by such errors sliall be chargeable to the CONTRACTOR. This provision shall not apply to any maps, official records, contracts, or other data that may be provided by the COUNTY or other public or semi-public agencies. Section 36. DELAY The CONTRACTOR agrees that no charges or claims for damages shall be made by it Im- and,, delays or hindrances attributable to the COUNTY during the progress of any portion of the services specified in this contract. If possible, such delays or hindrances, if any, shall be compensated for by the COUNTY by an extension of time for a reasonable period for the CONTRACTOR to complete the work schedule. Such an agreement shall be made between the parties based on funding availability. Section 37. TERMINATION OF WORK AND EXTENSION T'he work under this Contract is to be completed by May 15, 2015 or upon reaching the aillollut of' $85,000. After May 15, 2015, this Contract may be extended by mutual consent upon the saine terms for two (2)additional, future grant funding cycles, whether for a greater or smaller sum, and using different completion date, contingent upon County's receipt of grant funds specifically for the purposes set forth herein. IN WITNESS WHEREOF, the parties hereto have caused these presents to be execute(I oil the dayof_ ........... 2014. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: AMY HEAVILIN, CLERK OF MONROE COUNTY, FLORIDA By . ............ By Deputy Clerk Mayor/Chairman DO PALM LANDSCAPING, INC. ATTEST: 13Y Ey I Pii-st Witne Signature �Cohn 4r-.q ',ksident irst Wifi, First Witness Printed Name Date Second Witness"8ignature 6S-ro icy AND Liaot'L I Pq Second Witness Printed Narne 'By BMW State of Florida County of Monroe Bef'ore me,the undersigned authority, personally appeared � John Hntylsoe7 I and who are personally known to me, or have produced 4Ej)W , and respectively as identification. A BRMARYCRUZ Sworn and subscribed to rne this of 20 Notaty PuWk,,State of Flodda J�f Commlsdw FF 13ow MY COO$)Ores June 5,2018 Typed Notary Name a.rrd Number N ary igmature and Seal 4 i EXHIBIT A. SCOPE OF SERVICES REMOVAL OF INVASIVE EXOTIC PLANTS FROM. MONROE COUNTY CONSERVATION LANDS f I, PROJECT HIST,,ORY Monroe County currently owns or manages approximately 2,000 acres of conservation 1811ds thr0Ugh0r1t the Keys. Monroe County has received a funding from the Florida Fish & Wildlife Conservation Conunrission, Invypsive Plant Management Section, in the amount of$70,000 for contract labor for tile removal of invasive exotic plants oil parcels selected by the Monroe County Land Steward. In addition, the County is providing a local match of$15,000, bringing the total finding available for the project to $85,000. Worn rust be completed by May 1.5, 2015. PROJECT 1' LOCATION Lands in this project area consist of public conservation lands located throughout the Florida Keys either owned or manag�,d by Monroe County. Monroe County owns approximately 2,000 acres of scattered conservation lanais throughout the Florida Keys. This project will target sites that have not already been treated in the Lower and Upper Keys identified below(the majority of the sites are within the 1-.owcr-Keys area): Upper Keys: Key Largo; Tavernier Lower Keys: Sugarloaf Keys; Cudjoe Key; Summerland Key; Ramrod Key; Torch Keys; Big fine Key 1 Most individual parcels are only 0.1 acres in size, but many are contiguous and combine to form larger runts. The major-ty of the sites are located in neighborhoods, adjacent to residences and roads. Work in neighborhoods will require special considerations for safety, noise and appearance of the property. Level of infestation varies by site, ranging from sparse exotics to dense stands of Brazilian pepper. "I'liere are no plaps or maps for the project area. The selected contractor-will lie given a Iist o('parcels and aerial maps ofthe,"work sites. SCOPE OF WORK. The project consists of the physical removal of all Category l and It Florida Exotic Pest Plarrt Cou1761 (hL PPQ listed species occurring on selected Monroe County conservation lands, followed by herbicide application and chipping of all resulting biomass(except as described below for bowstring hemp and leadtree seeds). The contractor will manage the project including the scheduling, subcontracting as necessary, labor, monitoring and reporting progress. The County will supply locations and maps of project sites. The scrccess of the project depends oil the thoroughness of the invasive exotic removal. Work must be performed during normal work hours (between 8 am and 5 pm), Monday through Friday, o work may occur on weekends or on holidays observed by Monroe County. 'File County conservation lands contain a wide variety of exotics ranging from grasses to large trees. Different areas of the Keys have difTerent species of concern but,Brazilian pepper, Australian pine, Asiatic colubrina, lead tree, seaside mahoe, non-native scaevola and bowstring hemp are the most abundant. Most of the sites include a mixture of native vegetation and invasive exotic vegetation. The native vegetation must.not be disturbed during the invasive exotic removal. The rnajority offthe sites will be located in uIA Ads, but a few may be adryjacent to wetlands (including mangroves). Heavy ecluiprnent may not be used%"n wetlands and Mulch may ►of be placed in wetlands. Most sites are within neighborhoods and are easily accessed from adjacent roads. Contractor ni►.rst be experienced in working close to houses and other Structures. Every invasive e, trtle species listed by Florida EPPC will be either hand-pulled or cut: down and treated with appropriate erbicide. Exotic vegetation must be removed and cannot be left standing(including Australian pmes� A "Gyro-trac"or similar forestry machine ntay not be used for this pro'ject. Work pray require a bucket 1`trck. '.Every effort shall be made to avoid damage to native vegetation and wildlife. The Contractor is reslpernsible for the initial herbicide treatment and removal of all the specified exotic species. Each cut plant W"fl be cut as low to the ground as possible. Cuts will be made level to the ground to minimize herbicide runoff prior to absorption. The herbicide will be applied using a low press►►re spray to minimize dr►ft,and non-target damage. A dye shall be used to facilitate identification of treated sterns. An appropriate h*rbicide shall be applied within one (1)minute of stump preparation. Invasive exotic nt species shall be treated with herbicide as follows: c; Target Species Treatment Method Asiatic colr►br►nd 50% Garlon 3A applied to cut surface immediately after cr.rt or C'clrrhr�incr crsrulru 20% Garlon 4 a a lied to stump's cut surface and sidles Australian pine p 50% Garlon 3A applied to cut surface immediately after c.ut oi- (C:'usr arinu s a 20% Garlon 4 applied to Stump's cut surface rurd sides Beach naupaka 50% Garlon 3A applied to cut surface immediately after cut,or (Si ctcrrcalu scr re ccr) 10%Garlon 4 applied to sturar a's cut surface and sides Brazilian peppc,r 50%Garlon 3A applied to Cut surface immediately after Cut or•.�. (5"cxlainus terebintIli olirrs°j 10-15%Garlon 4 ajalied to sturri 's cut surface and sides I-cad tree 30% Garlon 4 applied to stump's cut surface and sides. Seaside rxrahoe 50% Garlon 3A applied to out surface,irr n ediateiy, Lipon cutting Ihes°_esicz o)rrllacaz All rnature(bro,wjl) lead tree(Leucuena leucocephalu) seeds will be bagged and left oil the site fcrr disposal by the (1,;ounty. Bowstring hemp (Sanscvieria hYac ntlacrides) must be phy icall), removed, ensuring that thelentire root has been removed. Resulting plant material may either be bagged or neatly piled oil site(adl6cent to the road.) for County pick up. All other vegetative debris will be chipped in place. Oil sites there the mulch is to be removed,as determined by the Monroe County Land Steward, the mulch will be neatly piled by the road for pickup by Monroe County Solid Waste. On sites where the mulch is to remain,the mulch must be spread neatly across the site without covering remaining native vegetation. L og that:are too Large for the chipper must be cut into 4 ft lengths and neatly stacked by the road for pickup by Monroe County Solid Waste. In summary,vegetative debris resulting from the exotic removal work will be disposed of in one of fhc following ways (as determined by the County Land Steward): 1. Chippedflpy the contractor and spread evenly across the site, or 2. Chipped and removed from the site by the Contractor, at no expense to the County for the removah(if the Conti-actor wants the mulch for their own purposes); or 3. Chippe([l a,nd 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 o tree trunk that are too large for the chipper may be cut into four Foot lengths and piled f!: fi /I Pf, on site b the Contractor for eventual disposal by the County. The Contractor mall not be required to transport or pay for the disposal of any vegetative waste created by the project,, unle' they keep the mulch for their own purposes. The Contractor r ill provide all necessary equipment to complete tine project including hand t:oois. chainsaws, chiplacrs, vehicles, bucket truck, sprayers, garbage bags and personal protective equipliient. The Contractor ill also provide all materials for treatment(including herbicide and adjrrvar4t:s) rind ensure proper deposal of herbicide and adjuvant containers and will strictly adhere to all herbicide l,,:rbel application, precautionary,and safety statements, The Contractor Iishall be paid according to the hourly rates established in the contract for each type of orn-site crrrplt ?ce. �l do compensation shall be prod ferr travel time to allied from the will~le site. There are no rctmbursarble expenses. The project is compfetc when the total cost per hour reaches S85,000 or on a y 15,2015,whichever occurs first. f+ All herbicide Irateni rdaotta��ieved�folr all be at ny areaeast % effective in after two re-sprout of treated plaints, lf9S�'/o k (2) months past initial project connpiction; one additional treriatment of the exotic plants in the problem area shall be the responsibility of the Contractor at no additional cost to the County. i The Contractor sin�all at all times provide an on-site ground crew supervisor that is certitied by the Florida. Department ofAgricultural and Consumer Services and in good standing with that Department, as part of the work force rt�nrrracl crew supervisors will be responsible for : 1) coordinationwith the Me�rraroe County Hand Ste'wvard oil a daily/weekly basis; 2) all control activities and safety oil project sites; 3) assuring that all 0rews are knowledgeable of, and remain within property arnd treatn°nerat boun(�l4aries; 4) assuring approprnite herbicide labels and Material Safety Data Sheets(l'w'ISDS)are oil site; 5) avoiding darnnage to rnatrvu',Evegctat,ienn and wildlifet and.6) strict adherence to all herbicide label application, precautionary, �� l „ , Yx ar�0 safety statements. Ground crew supervisors shall be ccrtiliecl by the Florida Department of A riculture and Consumer Services in theNatural Areas category. The County reserves the right to disclu lift' prospective bidders who have violations of the Rules of Chapter 62C"-20, l ,A.C., or other state or fcd ral laws or regulations related to pesticide use or-aquatic plant control resolved by mediation, Consint(,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 fine priopt areas for treatment. The contractor shall complete"Daily progress Deports f`or ' " submit the completed forms to tine County every two weeks. 'file Monroe County Land Ste;Nvard will submit permit applications for the proposed exotic removals, however tiae f' Contractor is required to keep the permit:with the crew while working on-site. J'he contract rx ast hall a valid Monroe County business tax receipt and a Monroe Cor.rrrty Certificate of Competency for(t;f alndscaping Specialty Contractor. A general contractor may apply if lie holds a landscaping,,sae),alt y contractor certificate of competency in Monroe County or employs, a l-andscaping Specialty oral " tra "tor licensed. in Monroe County. `T"lie business tax receipt is required for both. Additional plant reatrxnent or removal,and nonplant debris removal may be added to the project by Mutual agreernent as field conditions warrant and funds permit. Such agreements for additional wort shall be ji oracle in writing"I nd agreed to by signature of both parties. According to the!C;ounty's formal agreement with Florida Fish & Wildlife Conservation Commission, contractors wor jig oil invasive exotic removal projects must adhere to the following protocol: „tF% r� N • Mandator ' c�contai� i protocols must be followed for vehicles and equipment prior to entering y n ination Monroe it from areas outside, of the County. • When equipmcut from site to site within Monroe County, decontamination reguireinents will be at th discretion of the County and will be dependent upon the exotic species that were treated at tl' previous site and on the nature of the treatment sites. • Ifdecontai nation is required by the County then the contractor must utilize a designated decontamr ion site within Monroe County. The County shall supply the contractor with a List of designated` econtainination sites ifnecessary. Decontamination)protocols r with s it including but not limited to vehicles, trailer,ATVs, and chippers must be cleaned • A11 equip m`r� p g� 'f g t undercarriage and tiresitotinsure that IflU 1, vegetative re. Nvas per at a County approved facility). ion protocols inclarde� . cloia all e rir�iaaent surfaces iiaclr�iclin tlae. and�., debris and N her debris is not transported from the previous treatment site. Special attention wil l be paid to egut invent that has worked at sites where L,ygodiun7C ruogon grass and other eMies specific to the.mar n)rrn( were treated to prevent the. spread of these species into Monroe County. • Equipment i€h as chain saws, loppers, etc. used for cut stump treatment must be wiped down and cleaned spat they are free of debris. Prior to the conai)tencement of an invasive species removal pr•caject, the contractor and the County )Jane) �J Steward shall diuss floe necessity for a decontamination plan, Tithe County requires a lalEara, then the Contractor shall rbmit ra brief decontamination plan in writing, to the County for approval. The l")ecoi�taininat oi'�'arotoc7c is may depending the of a.rael decontaiaaiiaatioia sites.y specific procedures , k y 1 g p the treatment site, type oftreatnient conducted at the' ite, and the exotic species that were treated. Failure to cornpf%with decontaniination protocols constitutes reason for contract cancellation and dismissal of the crntr°actor. While notice to proceed will be issued as soon as possible after the contract is final, the prowject tinieframe may be adjusted ' epending on seasonal conditions. All work roust be completed by May t5, 2015. Requirement to `se 1?-Verify. The Contractor must: (1) utilize the US Department of Homeland Security's E Vei t system to verify the employment eli eligibility of all new employees hired 1a the y �yw yg y � , Contractor dui ii the term of the Contract; and, (2) include in all subcontracts under this Contract, the requirement that UTaeontractors performing works or providing sei ices pursuant to this Contract rrtihze the E-verify( sys,t�in to verify the employment eligibility of all new employees hired by the subcontractor during the term the subcontract. F i A 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 farm. Fid]LFe to COMI)fete this form will rCSUIt in disqualification from receiving local vendor preference. 16 A Name of Bidder/l�esponderl)Aaki L(AnJs(,,,aoY)(;, gate: 1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least one year prior to the notice or request for bid or proposal? (Please furnish copy.) 2. Does the vendor have a physical business address located within Monroe County from which the vendor operates or performs bu iess on a day to day basis that is a substantial component of the goods or services being offered to Monroe List Address: rA <�, 1AVQ\j ft"h v)r) Telephone Number: 3 B. Does the vendor/prime contractor intend to subcontract 50%or nio e of the goods,services or constructi( 11 to lopal businesses meeting the criteria above as to licensing and location?TA-- cal cc If yes,please provide: 1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one year prior to the notice or request for bid or proposal. 2.Subcontractor Address within Monroe County from which the subcontractor operates: Tel,Number Print Name,.-- Sip c Signatory for is d gcF STATE OF COUNTY OF 660 F) Oil this (lay of 1 20 /—' before me, the undersigned notary public, personally appeared known to me to be the person whose name is subscribed above or who produced entification, and acknowledged that he/she is the person Nvho executed the above I.ocal Pret - er °orm for the Purposes therein contained. y u)lic - A 'o BIRMARY CRUZ Notaty PW*We of FWkla Print Narne-, Commbsk)n#FF 130)�]182 My comm.9)#m June 6,2018 My commission expires: 'S'AA olwal -34- 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 SUbmil bids on leases of real property to public entity, may not be awarded or perlonn work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months fro the date of being placed on the convicted vendor list." I have read the above and state that neither,,JQVIa �-rl'z�-6t)()V(Respondent's name)nor any Affiliate has been placed on the convicted vendor list within the last 36 months. (Signatuti,) Date: STATE' OF: -........... COUNTY OF: 900 kbI Subscribed and sworn to (or affirmed)before me on (date) by b)jkS�� (name of afflant). He/She is per m personally known to e or has it/ V produced _9 (type of identification) as identification. SIMURY CFtU PUB Z fig 'AR I Notary Public,State of Florida Commis*nt FF 130182 y Commission Expires: My comm.expires June 5, 2018 33- RFP for Contractor Services,Removal of Invasive Exotic Plants,Monroe Co.Conservation Lands DRUG-FREE WORKPLACE FORM Th 11dersigi MI venclor in accordance with Florida Statute 287.087 hereby certifies that: n( 01 .�r n in i rvA � (Name of 13LISilleSS) 1) Y 1, PUbhsh a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use ofa controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. InIbrin 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 err ployee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statenicrit and will notify the employer of any conviction of, or plea Of guilty or noio contenderre to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance Jaw of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community , or any employee who is so convicted. 6. Make LL good flaith effort to continue to maintain a drug-free workplace through implementation of this se(;60n. As the person atithorized to sign the statement, I certify that this firm complies fully with the above rcqLCirenients. (Signku��) D a te STATE 01": op t COUNTY OF: AW Subscribed and sworn to or affirmed)before me on v, 2 (date)by (name of affant). H w lie/She is personally knoil to ille or has produced (type of identification) as identification. BIRMA:RY CRUZ P(OTARY PUMIC M u Ir W_ State of'%odda ,&I=NotzwryBPuIc,State of F�Odcia Comailssionii FF 130192 My Commission Expires: T 2,64 MY cOmm.OxOres June 5,20iS -32- RFII Im Contractor Services,Removal of Invasive Exotic Plants,Monroe Co.Conservation Laiid-s NON-COLLUSION AFFIDAVIT I, the city of k0,6,J+)Z)t2,, according to law on wily oath, and Under perialty oFperjUry, depose and say that L e, Ii of the firin of 4 I tirvi's d)I i" the bidder making the Proposal f6i tt project described in the Request"for Pro sal�Sfol and that I executed the said proposal with full authority to do so; b, the prices in this bid have been arrived at independently without collusion, consultation, COMMUnication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; C. unless otherwise required by law,the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly,to any other bidder or to any competitor; and d. no attempt has been made or will be made by the bidder to induce any other person,partnership of corporation to submit,or not to submit,a bid for the purpose of restricting cornpetition; e. the statements contained in this affidavit are true and correct, and made with fall knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. STATE OF: P/�- COUNTY OF: r- &V Subscribed and sworn to(or affirmed) before me on qjh 6r'I6/X'rII (Oi (date) by (name of afflant). He/She is personally known to nic or has produccd 1-1 QL'e H 051A &-14 identification) as identification. _q��(type of identif BIRMARYCRUZ Notary Public,We of Morida TARV PUB t+(� Commisslod FF 130182 My comm.exores June 5*2DIB My Commission Expires: 2,01 -31 - UP for Contractor Services,Removal of Invasive Exotic Plants,Monroe Co.Conservation Lands LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE O.010-1.990 MONROE COUNTY,FLORIDA LTHICS CLAUSE (Company) "—warrants that lie/it has not employed, retained or otherwise had act on his/her behalf away foriner County officer or employee in violation of Section 2 of Ordinance No. 0 10-1990 as amended by Ordinance No. 020- 1990 or any County officer or employee in violation of Section 3 of Ordinance No. 0 10-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full ainmv of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee." (SignAture) SI'ATI,',OF: COLNTY OF: Subscribed and sworn to (or affirmed) before me on 02 i ,2 (date)by JOho 6036 r-) (name of affiant). He/She is personally known to rne or has ...........---- prodarced ^ - W (type of identification)as identification, SIRMAW CRUZ Notary Pali State NO XRAYA5B LIC CoMm "FF 130182 cOmm. MJune 5,2018 My Commission Expires: -30- DOTPALM-01 MATERAT CERTIFICATE OF LIABILITY INSURANCE DA E(MMI YY) 01a THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME; (407)788-3000______.. FAX 407)7$8-7933 Insurance Office of America-LNG PHONE 1865 West State Road 434 A/CAIL Ltc No: E-MAIL Longwood„FL 32760 ADDRESS: w_ INSURERS AFFORDING COVERAGE NAIG# INSURER A:Wesco Insurance CoTpa 25011 INSURED INSURERS:Federal Insurance Company 202$1 Dot Palm Landscaping,Inc INSURER C 6200 Overseas Highway INSURER D: ...... Marathon,FL 33060 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE.POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. a.,��...._._ VLTRw..... TYPE OF INSURANCE R POLICY NUMBER, MMIDDNYYY MMIDDI'YYYY LIMITS LTR A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 CI AIMS MADE � OCCUR X WPP111442801 09/02/2014 09/02/2015 100, X 00 X E&O$1,000,000 MED EXP(Any one person) $ 5,00 ................. . PERSONALS ADV INJURY $ 1,000,00 G.. ...�.........._...__.._. V"AI PLIES...... w....w. ELATE $ _ EN`L PER: GENERALAGG._�.,_._.___n..........w.._ .w... ....._2, GGREGATE LIML � R 2,000,00 X POLICY PRO- 1-1 LOC PRODUCTS COMPIOPAGG $ 2,000,00� JEC°I° OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,00 Ea accident A X ANY AUTO X WPP111442801 09/0212014 09/02/2015 BODILY INJURY(Per person) _ on) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS E NON-OWNED Pp Oraccfod�nCpAMA HIRED AUTOS AUTOS _.w.w..__w_M....._...._.w.......,.,_._.... $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $� 1,000,00 A EXCESS CLAIMS-MADE WUM111443201 09/0212014 09/0212015 AGGREGATE _ tx DIED X RETENTION$ __.__10,00tJ $ 1,000,000 WORKERS COMPENSATION PER O H- OFFEMPLOYERS'LIABIUTY ICERIMEMBBER EXCLUDE:D? Y� N P A E„L.DISEASE UAL EMPLOYEE M ER IGTORIPARTNEROEXECUTIVE E.L.EACH ACCIDENT (Mandatory ) ASE'-EA ...E $ If yyos,dascribe under DESCRIPTION OF OPERATIONS below _ E L.DISEASE-POLICY LIMIT $ B Equipment Floater 45464782 06/21/2014 06/21/2016 DESCRIPTION OF OPERATIONS I LOCATIONS;VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached it more space Is required) Certificateholder is listed as an additional Insured as respe Genera�°Li bility and auto liability as per written contract. G 11<MAIM EMENT BY _ GATE " WAIVER N/A.,___ YES._..__. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESS TIVE Monroe County Board of Commissioners 1100 Simonton St. r$ lKey West FL 33040 -Aft,A 01 -2014 A D C RPORAT All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD