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Item I5 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: January 19. 2005 Division: Growth Management Bulk Item: Y es ~ No Department: Planning AGENDA ITEM WORDING: Approval of a professional services contract with Aquatic Vegetation Control Inc. to manage and remove exotic plant species along the Florida Keys Scenic Highway Right-of-Way. ITEM BACKGROUND: The Florida Keys Scenic Highway Program received a $60,000 grant through the Florida Department of Transportation Scenic Highways Program to manage and remove exotic plant species from the Scenic Highways Right-of-Way. The removal of exotic plant species is one of the action items in the Florida Keys Scenic liighway Corridor Master Plan. PREVIOUS RELEVANT BOCC ACTION: January 21, 2004 - Approval to advertise the Request for Statement of Qualifications December 15, 2004-Approval to negotiate contract with Aquatic Vegetation Control Inc. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: $60.000 BUDGETED: Yes x No COST TO COUNTY: N/A SOURCE OF FUNDS: FDOT Contract AI-893 REVENUE PRODUCING: Yes NoX AMOUNT PER MONTH Year APPROVED BY: County Atty X X DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included To Follow ~ Not Required DISPOSITION: AGENDA ITEM # ~ - 5 AGENDA ITEM WITH LATE DOCUMENTATION DIVISION: GROWTH MANAGEMENT DEPARTMENT: PLA~G SUBJECT: _Approval of Contract with Aquatic Vegetation Control to manage and remove exotic plants along the Florida Keys Scenic Highway Right-of- Way. DATE ITEM WILL BE A V AILABLE: 01/12/05 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY. Meeting Date: January 19.2005 Division: Growth Management Bulk Item: Yes l No Department: Planning AGENDA ITEM WORDING: Approval of a professional services contract with Aquatic Vegetation Control Inc. to manage and remove exotic plant species along the Florida Keys Scenic Highway Right-of-Way. ITEM BACKGROUND: The Florida Keys Scenic Highway Program received a $60,000 grant through the Florida Department of Transportation Scenic Highways Program to manage and remove exotic plant species from the Scenic Highways Right-of-Way. The removal of exotic plant species is one of the action items in the Florida Keys Scenic Highway Corridor Master Plan. PREVIOUS RELEVANT BOCC ACTION: January 21, 2004 - Approval to advertise the Request for Statement of Qualifications December 15, 2004-Approval to negotiate contract with Aquatic Vegetation Control Inc. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: $60,000 BUDGETED: Yes x No COST TO COUNTY: N/A SOURCE OF FUNDS: FDOT Contract AI-893 REVENUE PRODUCING: Yes Noll AMOUNT PER MONTH Year APPROVED BY: County Atty X DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included 'i' To Follow_ Not Required DISPOSITION: AGENDA ITEM # IS --. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Aquatic Vegetation Contract # " Control Inc. Effective Date: Expiration Date: Contract PurposelDescription: This is a contract fOT $60.000 to manage and remove invasive exotic plant species along the Florida Keys Scenic Hi2hwav Ri~ht of Way. Contract Manager: K. Marlene Conaway 2523 Planning and Environmental Resources . (Name) (Ex!.) (DeparnnentlStop #) for BOCC meeting on \J aJl~"19; '2eOS Agenda Deadline: Jan. 4. 2005 .. CONTRACT COSTS Tota) Dollar Value of Contract: $ 60,000 Budgeted? Yesl2SJ No 0 Account Codes: Grant: S 60,000 County Match: $ Current Year Portion: $ FDOT Contract # AI 893 60,000 iJ.5 .~-5"31.1!19() ~w();/~- ADDITIONAL COSTS .s:.fo..3l.(o For: (eg. maintenance. utilities. ianitorial, salaric:s. etc.) Estimated Ongoing Costs: $Q/yr (Nol included in dollar value above) CONTRACT REVIEW Division Director Changes Date In Needed I""""'l ~ 1..'11-05 YesD No~ _ Date Out Risk Management I.; -05 O.M.B./Purchasing YesD No County Attorney I/lIj".oti' YesD No~ Comments: I"'S .or . OMB fonn Revised 2/27/01 MCP #2 MONROE COUNTY CONTRACT fOR PROfESSIONAL SERVICES PROfESSIONAL SERVICES TO MANAGE REMOVAL Of INVASIVE EXOTIC PLANT SPECIES ON THE fLORIDA KEYS SCENIC HIGHWAY RIGHT-Of-WAY THIS CONTRACT is made and entered into this day of , 2005, by MONROE COUNTY, a political subdivision of the State of Florida, whose address is the Marathon Government Center, 2798 Overseas Highway, Marathon, Florida 33050, hereafter the CLIENT, and Aquatic Vegetation Control Inc., whose address is 6753 Garden Road, Riviera Beach, Florida 33404, hereafter CONTRACTOR. Section 1. SCOPE Of SERVICES. The CONTRACTOR shall do, perform and carry out in a professional and proper manner certain duties as described in the Scope of Services - Exhibit "A" - which is attached hereto and made a part of this agreement. Section 2. CLIENT'S RESPONSIBILITIES. 2.1 Provide all best available data and base maps as to the CLIENT's requirements for Work Assignments. Designate in writing a person with authority to act on the CLIENT's behalf on all matters concerning the Work Assignment. 2.2 Furnish to the CONTRACTOR all existing plans, studies, reports, and other available data pertinent to the work, and obtain or provide additional reports and data as required by the CONTRACTOR. The CONTRACTOR shall be entitled to use and rely upon such information and services provided by the CLIENT or others in performing the CONTRACTOR's services. 2.3 Arrange for access to and make all provisions for the CONTRACTOR to enter upon public and private property as reasonably required, and legally allowed, for the CONTRACTOR to perform services hereunder. Any obstruction to such access by private property owners shall not constitute a basis for waiver of any other required entries on to public and private property, nor shall it provide a basis for termination of the contract. In the event that such access is so obstructed, CONTRACTOR and CLIENT shall work together to resolve the difficulty in a timely manner. 2.4 Perform such other functions as are indicated in Exhibit "A". Section 3. TIME Of COMPLETION. The services to be rendered by the CONTRACTOR for each individual work order request shall be commenced upon written notice from the CLIENT and the work shall be completed in accordance with the schedule mutually agreed to by the CLIENT and 1 of 18 CONTRACTOR, unless it shall be modified in a signed document; by the mutual consent of the CLIENT and CONTRACTOR. Subsequent services shall be performed in accordance with schedules of performance which shall be mutually agreed to by CLIENT and CONTRACTOR. Section 4. COMPENSATION. 4.1 The maximum compensation available to the CONTRACTOR under this agreement is $60,000.00. The CLIENT agrees to pay the CONTRACTOR according to the percentages of completion of the work within the Scope of Service based on progress reports and other documentation to show the hours expended by each of the CONTRACTOR's staff and the reimbursable expenses appropriately documented with a 10% retainage by County until the project is complete. Should .there be any reimbursable expense request and should there be any disagreement on these, any disagreement regarding which items are reimbursable shall be submitted to the County Clerk for determination and whose decision shall be final. 4.2 The hourly billing rates of the CONTRACTOR, expected to include virtually all costs including travel, used in calculating the compensation due are: , Position Rate (In Dollars) Certified Crew Supervisor $ 53.00 per hour Trained Crew Member $ 26.00 per hour Section 5. PAYMENT TO CONTRACTOR. 5.1 Any request for payment must be in a form satisfactory to the County Clerk (Clerk). The request must describe in detail the services performed and the payment amount requested. The CONTRACTOR must submit to the Client Project Manager, who reviews the request" Client Project Manager shall note their approval on the request and forward it to the Clerk for payment. If request for payment is not approved, the Project Manager must inform the CONTRACTOR in a writing that must include an explanation of the deficiency that caused the disapproval of the request. 5.2 When Clerk receives a request for payment, the Clerk shall pay the request in the amount approved by the Client Project Manager (within 45 days for nonconstruction services, 20 days for construction services), unless the Clerk determines a deficiency in the request requires disapproval of 2 of 18 the request. In that case, the Clerk shall inform the CONTRACTOR of the ' disapproval in writing together with an explanation of the deficiency that caused the Clerk to disapprove the request. 5.3 CONTRACTOR shall submit invoices with progress report of activities on a monthly or otherwise regular basis until the work under this agreement is completed. 5.4 If the CLIENT fails to make any payment due to the CONTRACTOR for services and expenses within forty-five (45) days after the invoice dates, the CONTRACTOR may, after giving seven (7) days written notice to the CLIENT, suspend services until the CONTRACTOR has been paid in full all amounts due for services. 5.5 Continuation of this contract is contingent upon annual appropriation by Monroe County. Section 6. CONTRACT TERMINATION. Either party may terminate this Contract because of the failure of the other party to perform its obligations under the Contract. If the CLIENT terminates this Contract because of the CONTRACTOR's failure to perform, then the CLIENT must pay the CONTRACTOR the amount due for all work satisfactorily completed as determined by the CLIENT up to the date of the CONTRACTOR's failure to perform but minus any damages the CLIENT suffered as a resutt of the CONTRACTOR's failure to perform. The damage amount must be reduced by the amount saved by the CLIENT as a resutt of the Contract termination. If the amount owed the CONTRACTOR by the CLIENT is not enough to compensate the CLIENT, then the CONTRACTOR is liable for any additional amount necessary to adequately compensate the CLIENT up to the amount of the Contract price. Section 7. AUTHORIZATION OF WORK ASSIGNMENTS. 7.1 All work assignments beyond or in addition to EXHIBIT uA" shall be authorized in a signed document in accordance with the CLIENT'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. 3 of 18 7.3 The CONTRACTOR shall not assign, sublet or transfer any'rights under or interest in (including, but without limitations, moneys that may become due or moneys that are due) this agreement or subsequent Work Assignment without the written consent of the CLIENT, except to the extent that any assignment, subletting, or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to any assignment, no assignment will release or discharge the assignor from any duty or responsibility under this agreement. Section 8. NOTICES. All notices, requests and authorizations provided for. herein shall be in a signed document and shall be delivered or mailed to the addresses as follows: To the CLIENT: Monroe County Board of County Commissioners c/o Monroe County Growth Management Division 2798 Overseas Highway, Suite 410 Marathon, Florida 33050 Attention: Division Director To the CONTRACTOR: Jim Levesque (Division Manager) Ave, Inc. 127 E Lucy St. Florida City, FL 33034 or addressed to either party at such other addresses as such party shall hereinafter furnish to the other party in writing. Each such notice, request, or' authorization shall be deemed to have been duly given when so delivered, or, if mailed, when deposited in the mails, registered, postage paid. Section 9. RECORDS. CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the CLIENT or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to CONTRACTOR. 4 of 18 ,Section 10. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020-1990. The CONTRACTOR warrants that it has not employed, retained, or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision, the County, in its discretion, may terminate this Contract without liability and may also, in its discretion, deduct from the Contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage gift, or consideration paid to the former County officer or employee. Section 11. CONVICTED VENDOR. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract 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 perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for the Category two for a period of 36 months from the date of being placed on the convicted vendor list. Section 12. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the CLIENT and CONTRACTOR agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The CLIENT and CONTRACTOR agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Section 13. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each 5 of 18 remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enfqrcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The CLIENT 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 CLIENT and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be..in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. Section 15. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the CLIENT 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. The CLIENT and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 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, CLIENT and CONTRACTOR agree to participate, to the extent required by the other party, in all 6 of 18 proceedings, hearings, processes, meetings, and other activities related to the ~ubstance of this Agreement or provision of the servipes under this Agreement. CLIENT and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. Section 19. NONDISCRIMINATION. CLIENT and CONTRACTOR agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CLIENT or CONTRACTOR agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (Pl 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (Pl 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (Pl 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. Section 20. COVENANT OF NO INTEREST. CLIENT 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. CLIENT agrees that officers and employees of the CLIENT recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; 7 of 18 misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Section 22. NO SOLICITATION/PAYMENT. The CLIENT and CONTRACTOR warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the CLIENT shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the. full amount of such fee, commission, percentage, gift, or consideration. Section 23. PUBLIC ACCESS. The CLIENT and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CLIENT and CONTRACTOR il1 conjunction with this Agreement; and the CLIENT shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR. Section 24. NON-WAIVER OF IMMUNITY. Notwithstanding he provisions of Sec. 286.28, Florida Statutes, the participation of the CLIENT and the CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the CLIENT be required to contain any provision for waiver. Section 25. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the CLIENT, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. Section 26. LEGAL OBLIGATIONS AND RESPONSIBILITIES. Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or 8 of 18 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 perforrilance 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 CLIENT and the CONTRACTOR agree that neither the CLIENT nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. Section 28. ATTESTATIONS. CONTRACTOR agrees to execute such documents as the CLIENT 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 Agreemen~ or be subject to any personal liability or accountability by reason of the execution of this Agreement. Section 30. EXECUTION IN COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by singing any such counterpart. Section 31. SECTION HEADINGS. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 9 of 18 Section 32. INSURANCE POLICIES. 32.1 General Insurance Requirements for Other Contractors and Subcontractors As a pre-requisite of the work governed, or the goods supplied under this contract (including the pre-staging of personnel and material), the CONTRACTOR shall obtain, at his/her own expense, insurance as specified in any attached schedules, which are made part of this contract. The CONTRACTOR will ensure that the insurance obtained will extend protection to all Subcontractor's engaged by the CONTRACTOR. As an alternative, the CONTRACTOR may require all Subcontractors to obtain insurance consistent with the attached schedules. The CONTRACTOR will not be permitted to commence work gpverned by this contract (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the CLIENT as specified below. Delays in the commencement of work, resulting from the failure of the CONTRACTOR to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assess.~ents shall be imposed as if the work commenced on the specified date and time, except for the CONTRACTOR'S failure to provide satisfactory evidence. The CONTRACTOR shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the CONTRACTOR to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the CONTRACTOR'S failure to maintain the required insurance. The CONTRACTOR shall provide, to the CLIENT, as satisfactory evidence of the required insurance, either: . Certificate of Insurance or . A Certified copy of the actual insurance policy. The CLIENT, 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 CLIENT by the insurer. 10 of 18 The acceptance and/or approval of the CONTRACTOR'S insurance shall not be ,construed as relieving the CONTRACTOR from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. Any deviations from this General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. 32.2 INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN CLIENT AND CONTRACTOR. Prior to the commencement of work governed by this contract, the CONTRACTOR shall obtain General liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: . Premises Operations . Bodily Injury liability . Expanded Definition of Property Damage The minimum limits acceptable shall be: $500,000 Combined Single limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $250,000 per Person $500,000 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. 32.3 VEHICLE LIABILITY INSURANCE REQUIREMENTS. Recognizing that the work governed by this contract requires the use of vehicles, the CONTRACTOR, prior to the commencement of work, shall obtain Vehicle liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: 11 of 18 . 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: $100,000 per Person $300,000 per Occurrence $50,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 32.4 WORKERS' COMPENSATION INSURANCE REQUIREMENTS Prior to 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' Liability Insurance with limits of not less than: $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $500,000 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 CLIENT shall recognize and honor the CONTRACTOR'S status. The CONTRACTOR may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the CONTRACTOR'S Excess Insurance Program. If the CONTRACTOR participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONTRACTOR may be required to submit updated financial statements from the fund upon request from the County. 32.5 ENGINEERS ERRORS AND OMISSIONS LIABILITY INSURANCE REQUIREMENTS 1 2 of 18 Recognizing that work governed by this contract could include furnishing of engineering services, the CONTRACTOR shall maintain, throughout the life of the Agreement, Engineers Errors and Omissions Liability Insurance which will' respond to damages resulting from any claim arising out of performance of professional services or any error or omission of CONTRACTOR arising out of work governed by this Agreement. The insurance shall be maintained in force for a period of two years after the date of Completion of the Services set forth in subparagraph 1 (a). The minimum limits of liability shall be $250,000 per Occurrence/$500,OOO Aggregate. Section 33. INDEMNIFY/HOLD HARMLESS. The CONTRACTOR does hereby consent and agree to indemnify and hold harmless the County, its Mayor, the Board of County Commissioners, appointed Boards and Commissions, Officers, and the Employees, and any other agents, individually and collectively, from all fines, suits, claims, demands, actions, costs, obligations, attorneys fees, or liability of any kind arising out of the sole negligent actions of the CONTRACTOR or substantial and unnecessary delay caused by the willful nonperformance of the CONTRACTOR and shall be solely responsible and answerable for any and all accidents or injuries to persons or property arising out of its performance of this contract. The amount and type of insurance coverage requirements set forth hereunder shall in no way be construed as limiting the scope of indemnity set forth in this paragraph. The CLIENT does hereby covenant and agree to indemnify and save harmless the CONTRACTOR from any fines, suits, claims, demands, actions, costs obligations, attorney fees, or liability of any kind resulting from a negligent act or omission by the County, it's Mayor, the Board of County Commissioners, appointed Boards and Commissions, Officers, and the Employees, and any other agents individually and collectively under the provisions and up to the limits of liability as stated in Section 768.28 F .S. Further the CONTRACTOR agrees to defend and pay all legal costs attendant to acts attributable to the sole negligent act of the CONTRACTOR. At all times and for all purposes hereunder, the CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners. No statement contained in this agreement shall be construed so as to find the CONTRACTOR or any of his/her employees, contractors, servants or agents to be employees of the Board of County Commissioners for Monroe County. As an independent contractor the CONTRACTOR shall provide independent, professional judgment and comply with all federal, state, and local statutes, ordinances, rules and regulations applicable to the services to be provided. The CONTRACTOR shall be responsible for the completeness and accuracy of its work, plan, supporting data, and other documents prepared or compiled under 13 of 18 its obligation for this project, and shall correct at its expense all significant errors or omissions therein which may be disclosed. The cost of the work,necessary to correct those errors attributable to the CONTRACTOR and any damage incurred by the CLIENT as a result of additional costs caused by such errors shall be chargeable to the CONTRACTOR. This provision shall not apply to any maps, official records, contracts, or other data that may be provided by the County or other public or semi-public agencies. The CONTRACTOR agrees that no charges or claims for damages shall be made by it for any delays or hindrances attributable to the CLIENT during the progress of any portion of the services specified in this contract. 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. IN WITNESS WHEREOF each party hereto has caused this 'Agreement to be executed by its duly authorized representative. (SEAL) Attest: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairman (CORPORATE SEAL) Attest: AQUATIC VEGETATION CONTROL, In~. By By Title Title 14 of 18 EXHIBIT "A" SCOPE OF SERVICES PROFESSIONAL SERVICES TO MANAGE REMOVAL OF INVASIVE EXOTIC PLANT SPECIES ON THE FLORIDA KEYS SCENIC HIGHWAY RIGHT-OF-WAY MONROE COUNTY. FLORIDA Backaround The project consists of pulling or cutting all Florida Exotic Pest Plant Council (FLEPPC)-Iisted species occurring singularly or in small groups (5 or fewer stems or less than 400 square feet in combined crown cover) within the ROWand associated properties, followed by herbicide application. Consultant will coordinate with the Florida Department of Transportation (Right- of-Way Maintenance) to chip and dispose of all resulting biomass. Cut material should be stacked in an accessible place with the cut ends facing the same way to make it easy to feed into the chipper. Large groups (6 or more stems or more than 400 square feet in combined crown cover) of FLEPPC-Iisted species will be conspicuously marked with vinyl flagging. Specific color of flagging will be coordinated with FOOT. When flagging large patches for treatment, the firm will flag both ends of the patch along the road and the part of the patch deepest into the ROW away from the highway. The professional services firm will manage the project including the scheduling, subcontracting as necessary, labor, monitoring and reporting progress. The success of the project depends on the thoroughness of invasive exotic removal. Typically, the ROW includes mowed and unmowed vegetation, ranging from grasses to large trees, on either side of the highway. Bridge abutments vary in their dimensions but are all part of the project. Every stretch of ROW has different species of concern but Brazilian pepper, Australian pine, Asiatic colubrina, lead tree, seaside mahoe and non-native scaevola are the most abundant. Every exotic species listed by Florida EPPC will be either hand-pulled or cut down and treated with appropriate herbicide. Every effort shall be made to avoid damage to native vegetation or wildlife. The consultant is responsible for the initial treatment and removal of all the specified exotic species including trees, shrubs, vines, herbaceous plants and grasses regardless of the size or reproductive state of the plant. 15 of 18 Each cut plant will be cut as low to the ground as possible. A dye shall be used to facilitate identification of treated stems. Cuts will be made level to the ground to minimize herbicide runoff prior to absorption. The herbicide will be applied using a low-pressure spray to minimize drift and non-target damage. Within one (1) minute of stump preparation an appropriate herbicide will be applied. Methods of Treatment 1. Brazilian Pepper and Mayhoe Brazilian pepper and mayhoe will be treated by hand removing or foliar spraying seedlings and cutting and stump treating larger individuals. Primary method for the control of seedlings will be hand removal and disposal. Secondary treatment methods will consist of foliar spraying dense mats of seedlings with 1-2% Garlon 4 and adjuvants carried in dyed water. Saplings and mature individuals will be treated by cutting the trunk near ground level and immediately treating the stump with a 15% Garton 4 and 3% Stalker mixture carried in JLB oil. In areas where peppers are growing over standing water, a 20% solution of the herbicide Renovate may be used in cut stump applications. Within one (1) minute of stump preparation an appropriate herbicide will be applied. 2. Australian Pine Australian pine will be treated by hand removing seedlings and cutting and stump treating larger individuals. As with Brazilian pepper, the primary method for the control of saplings and mature trees will consist of cutting the trunk and ' treating of the stump with the 15% Garlon 4/3 % Stalker mixture. Within one (1) minute of stump preparation an appropriate herbicide will be applied. 3. Latherleaf Latherleaf is a very difficult species to control due to its sprawling growth habit and multiple root attachments. It will be treated by hand removing seedlings and cutting and stump treating larger individuals. The primary method for the control of saplings and mature individuals will be clearing the standing material for disposal and applying chemicals to the main stump and all secondary attachments. As with other species, the 15% Garlon 4/ 3% Stalker mixture will be used. 1 6 of 18 4. Lead Tree This species will be treated by hand removing seedlings or foliar applications of 3% Garlon 4 and cutting and stump treating larger individuals. All seed heads will be removed and bagged before disposal. The primary method for control of saplings and mature individuals will be cutting standing material for disposal and applying chemicals to the main stump and all "suckering" stems. A 30% Garlon 4 mixture carried in JLB oil will be used. At least one follow up chemical applications will be necessary to gain >95% control of stump re-growth. Transfer station receipts will be provided with reports as proof of compliance with this requirement. 5. Vines and Groundcover The primary treatment method for vines will consist of cutting the vine "columns" at the base of the host trees, balling cut material on the ground, and treating the ball with the herbicide Glyphosate in a 2-3% solution with the proper adjuvants added. Groundcover treatment will be by hand removal or foliar applications of appropriate herbicides. The two primary herbicide mixtures, depending on species and density and non-target plant proximity, will be a 5-15% Glyphosate mixture or a 2-3% Garlon 4 mixture. Where appropriate "basal bark" treatments on the scattered trees and small groves as opposed to "cut stump" treatment is acceptable. EaulDment The consultant will provide all materials for treatment (including herbicide and adjuvants) and ensure proper disposal of herbicide and adjuvant containers and will strictly adhere to all herbicide label application, precautionary, and safety statements. QualItY Control All herbicide treatments shall be at least 95% effective in preventing re-sprout of treated plants. If 95% kill rate is not achieved for any area of the project after two (2) months past initial project completion; one additional treatment of the exotic plants in the problem area will be the responsibility of the contractor. Additional plant treatment or removal and nonplant debris removal may be added to the project by mutual agreement as field conditions warrant and 1 7 of 18 r funds permit. Such agreements for additional work shall be made in writing and agreed to by signature of both parties. Tlmeframe The project timeframe will be established as agreed upon by the project manager for the client and contractor and may be adjusted depending on seasonal conditions. 1 8 of 18 ISSUE DATE (MMIDD/YY) CORDIA-WPB DIVISION 01 S. FLAGLER DR. #600 EST PALM BEACH FL 33401-5914 HN (561) 655-5500 AX (561) 655-5509 01 12 05 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY T~E POLICIES BELOW. COMPANIES AFFORDING COVERAGE PRODUCER QUATIC VEGETATION ONTROL I INC. 753 GARDEN RD #109 IVIERA BEACH I FL 33419 COMPANY A NATIONAL UNIO~ FIRE LETTER COMPANY 8 CRUM & FORSTER INDEMNITY CO LETTER COMPANY C LEXINGTON INSURANCE CO LETTER COMPANY D COMMERCE & INDUSTRY LETTER COMPANY E LETTER ..COVEAAGES.......<........>............. ...............'......"....... . THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOlWlTHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR 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. POLICY EFFECTIVE POLICY EXPIRATIO LIMITS TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY) DATE (MM/DD/YY) 04/01/04 04/01/05 GENERAL AGGREGATE $ 2 000 00 PRODUCTS-COMP/OP AGG. $ 1 000 00 PERSONAL & ADV. INJURY $ EACH OCCURRENCE $ 1 000 00 FIRE DAMAGE (Anyone fire) $ MED.EXP. (Anyone person) $ 04/01/04 04/01/05 COMBINED SINGLE ALL OWNE D AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY LIMIT BODILY INJURY (Per person) BODIL Y INJURY (Per accident) $ 1 000 00 2897455 OMMERCIAL GENERAL LIABILlT LAIMS MADEcx=:JOCCUR. OWNER'S & CONTRACTOR'S PROT EMPLOYMENT BENE FITS LIABILITY - 133668945 $ $ PROPERTY DAMAGE WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY 9681311 04/01/04 04/01/05 DISEASE-POLICY LIMIT DISEASE-EACH EMPLOYEE $ 1397722 04/01/04 04/01/05 EACH OCCURRENCE UMBRELLA FORM OTHER THAN UMBRELLA FORM OTHER DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/SPECIAL ITEMS FLORIDA KEYS SCENIC HIGHWAY ROW. MONROE COUNTY PLANNING DEPARTMENT 2798 OVERSEAS HIGHWAY SUITE 410 MARATHON FL 33050 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL...l..O..-- DAYS WRnTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. .,.......--. ' - ...'...',.....................,',........,",.. .................ACQijqP9ijfl()MtI9~.i~.