Item H2 H.2
County �� � .�� �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor David Rice,District 4
�1 `ll Mayor Pro Tem CraigCates,District 1
The Florida Keys ��� `� � Michelle Coldiron,District 2
Eddie Martinez,District 3
w � Holly Merrill Raschein,District 5
County Commission Meeting
December 8, 2021
Agenda Item Number: H.2
Agenda Item Summary #9965
BULK ITEM: Yes DEPARTMENT: County Land Acquisition and Land
Management
TIME APPROXIMATE: STAFF CONTACT: Beth Bergh (305) 289-2511
NA
AGENDA ITEM WORDING: Approval to award contract to Earthbalance Corporation, and enter
into agreement in the amount of$140,000 (FWC grant of$115,000 and $25,000 local match) for the
removal of invasive exotic plants from Monroe County conservation lands.
ITEM BACKGROUND:
Monroe County has been awarded $115,000 from the Florida Fish & Wildlife Conservation
Commission (FFWCC), Invasive Plant Management Section (IPM), for the contracted removal
(maintenance treatment) of invasive exotic plants from Monroe County conservation lands. The
County is providing a local match of $25,000, bringing the project total to $140,000. The local
match will be funded by mitigation fees paid into the Monroe County Environmental Land
Management& Restoration Fund.
A Request for Proposals was advertised with a closing date of October 27, 2021. Three (3)
proposals were received in response to the RFP. A selection committee met in a publicly advertised
meeting on November 9, 2021 to evaluate the proposals and unanimously agreed to recommend
Earthbalance Corporation as the contractor for this project. The meeting minutes and contract are
attached.
PREVIOUS RELEVANT BOCC ACTION:
January 17, 2018 —Approval of previous contract with Earthbalance Corporation for invasive exotic
plant removal work on County conservation lands, contract expired in May 2021
July 21, 2021 —Approval of FWC Task Assignment FK-173 which provides the County with
$115,000 for invasive exotic plant removal work on Monroe County conservation lands
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATION: Approval
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DOCUMENTATION:
Earthbalance Invasive Plant Contract.partial exec
Earthbalance COI(1)
Earthbalance COI(2)
Selection Comm Minutes-Exotics 11-9-2021
FINANCIAL IMPACT:
Effective Date: Upon Execution
Expiration Date: May 27, 2022
Total Dollar Value of Contract: $140,000
Total Cost to County: $25,000
Current Year Portion: $140,000
Budgeted: Yes
Source of Funds: Fund 160 (Monroe Co Env Land Management& Restoration Fund)
CPI: NA
Indirect Costs: NA
Estimated Ongoing Costs Not Included in above dollar amounts: NA
Revenue Producing: No If yes, amount:
Grant: $115,000
County Match: $25,000
Insurance Required: Yes
Additional Details:
12/08/21 NEW COST CENTER ADDED $115,000.00
FWC Funding (FK-173)
12/08/21 160-52002 - ENVIRONMENTAL RESTORATIO $25,000.00
Total: $140,000.00
REVIEWED BY:
Christine Hurley Completed 11/17/2021 11:56 AM
Christine Limbert Completed 11/18/2021 9:50 AM
Purchasing Completed 11/18/2021 9:54 AM
Budget and Finance Completed 11/18/2021 10:51 AM
Risk Management Completed 11/18/2021 11:15 AM
Liz Yongue Completed 11/22/2021 3:16 PM
Board of County Commissioners Pending 12/08/2021 9:00 AM
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MONROE COUNTY
CONTRACT FOR PROFESSIONAL SERVICES
PROFESSIONAL SERVICES FOR THE REMOVAL OF INVASIVE EXOTIC PLANT SPECIES
FROM MONROE COUNTY CONSERVATION LANDS—MAINTENANCE TREATMENT
THIS CONTRACT is made and entered into this day of......................—. by MONROE 0
COUNTY("COUNTY"), a political subdivision of the State of Florida,whose address is the Marathon
Govermuent Center, 2799 Overseas Highway,Marathon,Florida,33050, and EARTHBALANCE
CORPORATION("CONTRACTOR"),whose address is 2570 Commerce Park-way,North Port,Florida,
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34299.
Section 1. SCOPE OF SERVICES
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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.
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Section 2. COUNTY'S RESPONSIBILITIES
2.1 Provide all best available data and base maps as to the COUNTY'S requirements for Work
Assigimients. Designate in writing a person("Project Manager")with authority to act on the
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COUNTY'S behalf on all matters concerning the Work Assigninent.
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 x
CONTRACTOR. The CONTRACTOR shall be entitled to use and rely upon such information
and services provided by the COUNTY 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 0
shall it provide a basis for termination of the contract. In the event that such access is so
obstructed, CONTRACTOR and COUNTY shall work together to resolve the difficulty in a
timely manner. CL
2.4 Perform such other functions as are indicated in Exhibit A.
2.5 Provide a schedule that is mutually agreeable to the COUNTY and CONTRACTOR.
Section 3. TIME OF COMPLETION
The services to be rendered by the CONTRACTOR shall be commenced upon written notice from the
COUNTY and the work shall be completed in accordance with the schedule mutually agreed to by the
COUNTY and CONTRACTOR,unless it shall be modified in a signed document by the mutual consent
of the COUNTY and CONTRACTOR. Subsequent services shall be performed in accordance with uJ
schedules of performance which shall be mutually agreed to by COUNTY and CONTRACTOR.
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Section 4. COMPENSATION
4.1 The maximum compensation available to the CONTRACTOR under this agreement is
$140,000.00. 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. U
Because the work must be completed by May 27,2022,compensation shall be only for the -�
amount of work completed,regardless of the cause of any delay.
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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 F
due are: e
Position Hourly Rate(in Dollars)
Certified Crew Supervisor $120.00 m
Trained Crew Member $85.00 )
Section 5. PAYMENT TO CONTRACTOR
5.1 Payment will be made according to the Local Goverunent Prompt Payment Act. Any request for
payment must be in a form satisfactory with supporting documentation acceptable to the County
Clerk (Clerk). Acceptability to the Clerk is based on generally accepted accounting principles and
such laws, riles, and regulations as may govern the Clerk's disbursal of fiends. The request must
describe in detail the services performed and the payment amount requested. The CONTRACTOR °'
must submit to the COUNTY Project Manager,who will review the request. The Project Manager
shall note his/her approval on the request and forward it to the Clerk for payment. If request for
payment is not approved, the Project Manager must inform the CONTRACTOR in writing that
must include an explanation of the deficiency that caused the disapproval of the request. N
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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. 2
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5.3 Monroe County's perfonmance and obligations to pay under this contract is contingent upon annual .N
appropriation by Monroe County. >
Section 6. CONTRACT TERMINATION
A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of
service, the COUNTY shall have the right to terminate this agreement after five days
written notification to the CONTRACTOR. LU m
B. Either of the parties hereto may cancel this Agreement without cause by giving the
other party thirty (30) days written notice of its intention to do so.
C. Termination for Cause and Remedies: In the event of breach of any contract terms,the
COUNTY retains the right to terminate this Agreement. The COUNTY may also
terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail
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to perform the covenants herein contained at the time and in the manner herein
provided. In the event of such termination, prior to termination, the COUNTY shall
provide CONTRACTOR with five (5) calendar days' notice and provide the
CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach
is not cured, the Agreement will be terminated for cause. If the COUNTY terminates
this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the 0
sum due the CONTRACTOR under this agreement prior to termination, unless the cost
of completion to the COUNTY exceeds the funds remaining in the contract; however,
the COUNTY reserves the right to assert and seek an offset for damages caused by the
breach. The maximum amount due to CONTRACTOR shall not in any event exceed
$140,000.00. In addition, the COUNTY reserves all rights available to recoup monies
paid under this Agreement, including the right to sue for breach of contract and c
including the right to pursue a claim for violation of the COUNTY's False Claims
Ordinance, located at Section 2-721 et al. of the Monroe County Code.
D. Termination for Convenience: The COUNTY may terminate this Agreement for )
convenience, at any time, upon 30 days' notice to CONTRACTOR. If the COUNTY
terminates this agreement with the CONTRACTOR, COUNTY shall pay
CONTRACTOR the sum due the CONTRACTOR under this agreement prior to
termination, unless the cost of completion to the COUNTY exceeds the funds
remaining in the contract. The maximum amount due to CONTRACTOR shall not
exceed $140,000.00
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E. For Contracts of any amount, if the County determines that the Contractor/Consultant
has submitted a false certification under Section 287.135(5), Florida Statutes or has
been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a
boycott of Israel, the County shall have the option of(1) terminating the Agreement
after it has given the Contractor/Consultant written notice and an opportunity to
demonstrate the agency's determination of false certification was in error pursuant to c
Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the
conditions of Section 287.135(4), Florida Statutes, are met.
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F. For Contracts of $1,000,000 or more, if the County determines that the >
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Contractor/Consultant submitted a false certification under Section 287.135(5),Florida
Statutes,or if the Contractor/Consultant has been placed on the Scrutinized Companies
with Activities in the Sudan List,the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List,or been engaged in business operations in Cuba or Syria,
the County shall have the option of(1)terminating the Agreement after it has given the
Contractor/Consultant written notice and an opportunity to demonstrate the agency's
determination of false certification was in error pursuant to Section 287.135(5)(a),
Florida Statutes, or (2) maintaining the Agreement if the conditions of Section
287.135(4), Florida Statutes, are met.
Section 7. AUTHORIZATION OF WORK ASSIGNMENTS
7.1 All work assigmuents beyond or in addition to EXHIBIT "A" shall be authorized in a signed
document (Work Order) in accordance with the COUNTY's policy prior to any work being
conducted by the CONTRACTOR.
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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 Assigimient without the written consent of the COUNTY,except to the extent
that any assignment, subletting, or transfer is mandated by law or the effect of this limitation may
be restricted by law. Unless specifically stated to the contrary in any written consent to any
assignment, no assignment will release or discharge the assignor from any duty or responsibility
under this agreement.
Section 8. NOTICES
All notices,requests and authorizations provided for herein shall be in a signed document and shall be hand
delivered,or mailed,certified/registered/return receipt requested,or sent by courier service with a signed
receipt, to the addresses as follows:
To the COUNTY; Beth Bergh,Land Steward
Monroe County Planning&Environmental Resources
2798 Overseas Highway, Suite 410
Marathon,Florida 33050
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Roman Gastesi,County Administrator �
1100 Simonton Street, Suite 205
Key West,Florida 33040
To the Monroe County Land Authority:
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Christine Hurley,Executive Director
1200 Truman Ave, Suite 207
Key West,Florida 33040 CL
To the CONTRACTOR: Jeff Clark, Vice President >
EarthBalance Corporation
2570 Commerce Parkway
North Port,FL 34289
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 unails,registered,postage paid.
Section 9. RECORDS AND RIGHT TO AUDIT
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
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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 teen of the agreement
and for five(5)years following the termination of this Agreement. If an auditor employed by 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 from the date the monies were paid to
CONTRACTOR. U
Right to Audit
Availability of Records. The records of the parties to this Agreement relating to the Project,
which shall include but not be limited to accounting records (hard copy, as well as computer
readable data if it can be made available; subcontract files (including proposals of successful and
unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc); original estimates; %�
estimating work sheets; correspondence; change order files (including documentation covering
negotiated settlements); backcharge logs and supporting documentation; general ledger entries
detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting
evidence deemed necessary by County or the Monroe County Office of the Clerk of Court and
Comptroller(hereinafter referred to as "County Clerk")to substantiate charges related to this
agreement, and all other agreements, sources of information and matters that may in County's or
the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights,
duties or obligations under or covered by any contract document (all foregoing hereinafter
referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by
County's representative and/or agents or the County Clerk. County or County Clerk may also
conduct verifications such as, but not limited to, counting employees at the job site, witnessing W
the distribution of payroll, verifying payroll computations, overhead computations, observing 76
vendor and supplier payments, miscellaneous allocations, special charges, verifying information
and amounts through interviews and written confirmations with employees, Subcontractors,
suppliers, and contractors representatives. All records shall be kept for ten (10)years after Final
Completion of the Project. The County Clerk possesses the independent authority to conduct an
audit of Records, assets, and activities relating to this Project. If any auditor employed by the
Monroe County or County Clerk determines that monies paid to Contractor pursuant to this
Agreement were spent for purposes not authorized by this Agreement,the Contractor shall repay CL
the monies together with interest calculated pursuant to Section 55.03, F.S., running form the
date the monies were paid to Contractor. The right to audit provisions survives the termination of
expiration of this Agreement.
Section 10. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS.010 AND 020-1990
The CONTRACTOR warrants that it has not employed, retained or otherwise had act on its behalf any
former or current County officer or employee subject to the prohibition of Sections 2 and 3 of Ordinance
No. 010-1990 as amended by Ordinance No. 020-1990. For breach or violation of this provision the m
COUNTY may, in its discretion, terminate this agreement without liability and may also,In its discretion,
deduct from the agreement or purchase price,or otherwise recover the full amount of any fee,commission, U
percentage,gift,or consideration paid to the former County officer or employee.
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Section 11. CONVICTED VENDOR
By signing this agreement,CONTRACTOR represents that the execution of this Agreement will not violate
the Public Entities Crime Act (Section 287.133, Florida Statutes). Violation of this section shall result in
tennination of this Agreement and recovery of all monies paid hereto, and may result in debanuent from
County's competitive procurement activities.
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A person or affiliate who has been placed on the convicted vendor list following a conviction for public
entity crime may not submit a bid on a contract with a public entity for the construction or repair of a public
building or public work, may not perfor i work as a CONTRACTOR, supplier, subcontractor, or U
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 U
for a period of 36 months from the date of being placed on the convicted vendor list.
Section 12. GOVERNING LAW,VENUE,INTERPRETATION, COSTS AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida
applicable to contracts made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the enforcement or
interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue shall lie in the
appropriate court or before the appropriate administrative body in Monroe County, Florida.
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Section 13. SEVERABILITY
If any tens, 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 teens, covenants, conditions and provisions of this Agreement, shall not be
affected thereby; and each remaining tern, covenant, condition and provision of this Agreement shall be U
valid and shall be enforceable to the fullest extent penuitted by law unless the enforcement of the remaining
terns, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the CL
original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to >
replace any stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
Section 14. ATTORNEY'S FEES AND COSTS
The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding
is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the
prevailing party shall be entitled to reasonable attorney's fees,court costs,investigative, and out-of-pocket
\expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts costs, E
investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and
conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and
usual and customary procedures required by the circuit court of Monroe County. This Agreement is not
subject to arbitration.
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Section 15. BINDING EFFECT
The terms, covenants, conditions, acid 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
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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.
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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 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. W
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Section 18. COOPERATION
In the event any administrative or legal proceeding is instituted against either party relating to the formation,
execution,performance,or breach of this Agreement, COUNTY and CONTRACTOR agree to participate,
to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other
activities related to the substance of this Agreement or provision of the services under this Agreement.
COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter
into any arbitration proceedings related to this Agreement. X
Section 19. NONDISCRIMINATION
CONTRACTOR and COUNTY 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 e
on the part of any party, effective the date of the court order. CONTRACTOR and COUNTY
agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable,
relating to nondiscrimination. These include but are not limited to: 1)Title VII of the Civil Rights
Act of 1964(PL 88-352)which prohibits discrimination in employment on the basis of race, color,
religion, sex, and 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 LU
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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 patient
records; 8)Title VIH of the Civil Rights Act of 1968 (42 USC s.3601 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. 12101 Note), as may be amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Monroe County Code, Chapter 14, Article II,
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which prohibits discrimination on the basis of race, color, sex, religion, disability,national origin,
ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other
nondiscrimination provisions in any Federal or state statutes which may apply to the parties hereto,
or the subject matter of,this Agreement.
Section 20. REQUIREMENT TO USE E-VERIFY
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In accordance with F.S. 448.095, the Contractor and any subcontractor shall register with and
shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work
authorization status of all new employees hired by the Contractor during the term of the Contract e
and shall expressly require any subcontractors performing work or providing services pursuant to
the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to
verify the work authorization status of all new employees hired by the subcontractor during the
Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does
not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall
comply with and be subject to the provisions of F.S. 448.095
CONTRACTOR agrees to: (1)utilize the US Department of Homeland Security's E-verify system to verify
the employment eligibility of all new employees hired by CONTRACTOR during the teen of this Contract;
and, (2) include in all subcontracts under this Contract, the requirement that subcontractors perfonming
work or providing services pursuant to this Contract utilize the E-Verify system to verify the employment
eligibility of all new employees hired by the subcontractor during the term of the subcontract.
The Department of Homeland Security's E-Verify system can be found on-line at xN� " iisc's. oe,fc- cr l X
The CONTRACTOR agrees to enroll in the E-Verify system prior to hiring any new employee after the 76
effective date of this Contract. CONTRACTOR further agrees to maintain records of its participation and
compliance with the provisions of the E-Verify program, including participation by its subcontractors as
provided above,and to make such records available to the COUNTY. This includes maintaining a copy of
proof of CONTRACTOR's and subcontractor's enrollment in the program.
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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.
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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
The parties understand that officers and employees of the COUNTY are required to comply with the
standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes,
and the Monroe County Personnel Policies&Procedures Manual,regarding,but not limited to,solicitation E
or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public
position,conflicting employment or contractual relationship; and disclosure or use of certain information.
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Section 23. NO SOLICITATION/PAYMENT
The COUNTY and CONTRACTOR warrant that, in respect to itself,it has neither employed nor retained
any company or person, other than a bona fide employee working solely for it, to solicit or secure this
Agreement and that it has not paid or agreed to pay any person,company,corporation, individual,or fine,
other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this Agreement. For the breach or
violation of the provision,the CONTRACTOR agrees that the COUNTY shall have the right to terminate -�
this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover,
the full amount of such fee,commission, percentage,gift, or consideration.
Section 24. PUBLIC ACCESS
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The COUNTY and CONTRACTOR shall allow and penult 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 COUNTY and CONTRACTOR in T
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conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this
Agreement upon violation of this provision by CONTRACTOR.
Public Records Compliance. Contractor must comply with Florida public records laws,
including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the
Constitution of Florida. The County and Contractor shall allow and permit reasonable access to,
and inspection of, all documents, records,papers, letters or other"public record" materials in its
possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and X
made or received by the County and Contractor in conjunction with this contract and related to
contract performance. The County shall have the right to unilaterally cancel this contract upon
violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of
this provision shall be deemed a material breach of this contract and the County may enforce the
terms of this provision in the form of a court proceeding and shall, as a prevailing party, be
entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This
provision shall survive any termination or expiration of the contract. CL
The Contractor is encouraged to consult with its advisors about Florida Public Records Law in
order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is
required to:
(1) Keep and maintain public records that would be required by the County to perform the
service.
(2) Upon receipt from the County's custodian of records,provide the County with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time at a
cost that does not exceed the cost provided in this chapter or as otherwise provided by law.
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(3) Ensure that public records that are exempt or confidential and exempt from public records c,
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the contractor does not transfer the
records to the County.
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(4) Upon completion of the contract, transfer, at no cost, to the County all public records in
possession of the Contractor or keep and maintain public records that would be required by the
County to perform the service. If the Contractor transfers all public records to the County upon
completion of the contract, the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the
Contractor keeps and maintains public records upon completion of the contract, the Contractor e
shall meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the County, upon request from the County's custodian of
records, in a format that is compatible with the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be made
directly to the County, but if the County does not possess the requested records, the County shall
immediately notify the Contractor of the request, and the Contractor must provide the records to
the County or allow the records to be inspected or copied within a reasonable time.
If the Contractor does not comply with the County's request for records, the County shall enforce
the public records contract provisions in accordance with the contract,notwithstanding the
County's option and right to unilaterally cancel this contract upon violation of this provision by
the Contractor. A Contractor who fails to provide the public records to the County or pursuant to
a valid public records request within a reasonable time may be subject to penalties under
section 119.10, Florida Statutes. X
The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any
public records unless or otherwise provided in this provision or as otherwise provided bylaw.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE 0
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APPLICATION OF CHAPTER 119 FLORIDA STATUTES TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO 1 11S CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC y
RECORDS BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY- >
BRIANn,MONROECOUNTY-FL.GOV, MONROE COUNTY
ATTORNEY'S OFFICE 1111 12""' Street S ,11"1E 408 KEY WEST 1=L
33040.
Section 25. NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the COUNTY and the
CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage,
self-insurance coverage,or local government liability insurance pool coverage shall not be deemed a waiver
of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be
required to contain any provision for waiver.
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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. This Agreement is not intended to, nor shall it be
construed as,relieving any participating entity from any obligation or responsibility imposed upon the entity 0
by law except to the extent of actual and timely performance thereof b an participating entity, m which
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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. W
Section 28. NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the teens,or any of them,of this Agreement to enforce
or attempt to enforce any third-party claim or entitlement to or benefit of any service or program
contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor
the CONTRACTOR or any agent,officer,or employee of either shall have the authority to inform. X
counsel,or otherwise indicate that any particular individual or group of individuals,entity or entities, 76
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
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CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, including,
but not being limited to,a Public Entity Crime Statement,an Ethics Statement,and a Drug-Free Workplace
Statement,Lobbying and Conflict of Interest Clause, and Non-Collusion Agreement. e-
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 member, officer,
agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any
personal liability or accountability by reason of the execution of this Agreement.
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Section 31. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any nuumber of counterparts, each of which shall be regarded as an
original, all of which taken together shall constitute one and the same instrnient acid any of the parties
hereto may execute this Agreement by signing any such counterpart.
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Section 32. 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. U
Section 33. INSURANCE POLICIES
33.1 General Insurance Requirements for Contractors and Subcontractors
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As a pre-requisite of the work governed,or the goods supplied wider this contract(including the pre-staging i
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 0
insurance obtained will extend protection to all Subcontractors engaged by the CONTRACTOR. As an
alternative, the CONTRACTOR may require all Subcontractors to obtain insurance consistent with the
attached schedules.
The CONTRACTOR will not be permitted to commence work governed by this contract (including pre- a)
staging of personnel and material)until satisfactory evidence of the required insurance has been furnished
to the COUNTY as specified below. Delays in the commencement of work,resulting from the failure of
the CONTRACTOR to provide satisfactory evidence of the required insurance, shall not extend deadlines
specified in this contract and any penalties and failture to perform assessments shall be imposed as if the
work commenced on the specified date and time, except for the CONTRACTOR's failure to provide W
satisfactory evidence.
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The CONTRACTOR shall maintain the required insurance throughout the entire tern 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 0.
the completion of work resulting from the failure of the CONTRACTOR to maintain the requird insurance i
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 0
the required insurance.
The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required insurance, CL
either: >
• Certificate of Insurance;or
• A Certified copy of the actual insurance policy.
The County, at its sole option,has the right to request a certified copy of any or all insurance policies
required by this contract.
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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 W
County by the insurer. E
The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the
Contractor from any liability or obligation assumed wider this contract or imposed by law.
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The Monroe County Board of County Commissioners and the Monroe County Comprehensive Plan Land
Authority, and their employees and officials,will be included as "Additional Insured" on all policies,
except for Workers'Compensation.
33.2 INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN COUNTY AND CONTRACTOR
Prior to the commencement of work governed by this contract, the CONTRACTOR shall obtain General
Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a
muninnnnn: �
+• Premises Operations
• Products and Completed Operations
• Bodily Injury Liability
• Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit(CSL)
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 and the Monroe County Comprehensive Plan Land X
Authority shall be named as Additional Insured on all policies issued to satisfy the above requirements.
33.3 VEHICLE LIABILITY INSURANCE REQUIREMENTS
Recognizing that the work governed by this contract requires the use of vehicles,the CONTRACTOR,prior
to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained 0
throughout the life of the contract and include,as a minimum,liability coverage for:
• Owned,Non-Owned, and Hired Vehicles CL
The minimum limits acceptable shall be:
$300,000 Combined Single Limit(CSL)
If split limits are provided,the minimum limits acceptable shall be:
$200,000 per Person
$300,000 per Occurrence
$200,000 Property Damage
The Monroe County Board of County Commissioners and the Monroe County Comprehensive Plan Land
Authority shall be named as Additional Insured on all policies issued to satisfy the above requirements.
33.4 WORKERS' COMPENSATION INSURANCE REQUIREMENTS
Prior to commencement of work governed by this contract, the CONTRACTOR shall obtain Workers'
Compensation Insurance with limits sufficient to respond to the applicable state statutes.
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In addition,the CONTRACTOR shall obtain Employers' Liability Insurance with limits of not less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease,policy limits
$100,000 Bodily Injury by Disease,each employee
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Coverage shall be maintained throughout the entire teen of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the state of
Florida.
If the CONTRACTOR has been approved by the Florida's Department of Labor as an authorized self-
insurer,the COUNTY shall recognize and honor the CONTRACTOR's status. The CONTRACTOR may
be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of
Insurance,providing details on the CONTRACTOR's Excess Insurance Program.
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If the CONTRACTOR participates in a self-insurance fund,a Certificate of Insurance will be required. In W
addition,the CONTRACTOR may be required to submit updated financial statements from the find upon
request from the County.
Section 34. INDEMNIFICATION
Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the
Contractor covenants and agrees that he shall defend, indemnify and hold the COUNTY and the X
COUNTY's elected and appointed officers and employees harmless from and against(1)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 tens of this Agreement,(B)
the negligence or willful misconduct of Contractor or any of its employees, agents, contractors in any tier
or other invitees,or(C)Contractor's default in respect of any of the obligations that it undertakes under the
terns of this Agreement, except to the extent the claims, actions, causes of action, litigation,proceedings, CL
costs or expenses arise from the intentional or sole negligent acts or negligent acts in part or omissions of
the COUNTY or any of its employees,agents,contractors or invitees(other than CONTRACTOR). Insofar
as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or >
circumstances that occur during the term of this Agreement, this section will survive the expiration of the
tern of this Agreement or any earlier termination of this Agreement.
In the event the completion of the project(including the work of others)is delayed or suspended as a
result of the Contractor's failure to purchase or maintain the required insurance,the Contractor shall
indemnify the County from any and all increased expenses resulting from such delay. w
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The extent of liability is in no way limited to,reduced,or lessened by the insurance requirements -
contained elsewhere within this agreement.
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Section 35. INDEPENDENT CONTRACTOR
At all times and for all purposes hereunder, the CONTRACTOR is an independent contractor and not an
employee of the Board of County Commissioners. No statement contained in this agreement shall be
construed so as to find the CONTRACTOR or any of his/her employees,contractors,servants or agents to U
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, 0
and local statutes,ordinances,riles 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 wider its obligation for this project,and shall correct at its
own expense all significant errors or omissions therein which may be disclosed. The cost of the work �
necessary to correct those errors attributable to the CONTRACTOR and any damage incurred by the
COUNTY as a result of additional costs caused by such errors shall be chargeable to the CONTRACTOR.
This provision shall not apply to any maps, official records, contracts, or other data that may be provided
by the COUNTY or other public or semi-public agencies.
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Section 36.DELAY
The CONTRACTOR agrees that no charges or claims for damages shall be made by it for any delays or
hindrances attributable to the COUNTY during the progress of any portion of the services specified in this .0
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 finding availability.
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Section 37.TERMINATION OF WORK AND EXTENSION °'
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The work under this Contract is to be completed by May 27,2022 or upon reaching the amount of$140,000.
After May 27, 2022 this Contract may be extended by mutual consent upon the same terns for three (3)
additional, future finding cycles, whether for a greater or smaller sum, and using a different completion
date,contingent upon County's receipt of finds specifically for the purposes set forth herein.
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Section 38. UNCONTROLLABLE CIRCUMSTANCES
Any delay or failure of either Party to perform its obligations under this Agreement will be excused CL
to the extent that the delay or failure was caused directly by an event beyond such Party's control,
without such Party's fault or negligence and that by its nature could not have been foreseen by such
Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, >
earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic
area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats
or acts, riot, or other civil unrest in the geographic area of the Project; (d)government order or law
in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the .0
date of this Agreement; (f) action by any governmental authority prohibiting work in the
geographic area of the Pro*ect;(each, a "Uncontrollable Circumstance"). CONTRACTOR'S
financial inability to perform, changes in cost or availability of materials, components, or services,
market conditions, or supplier actions or contract disputes will not excuse performance by
Contractor under this Section Contractor shall give County written notice within 7 days of any
event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and
the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent
efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable
Circumstance are minimized and resume full performance under this Agreement. The County will
not pay additional cost as a result of an Uncontrollable Circumstance.
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IN WITNESS WHEREOF,the parties hereto have caused these presents to be executed on the day
of 20
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, CLERK
OF MONROE COUNTY, FLORIDA
B _ By
` As Deputy Clerk Michelle Coldiron,Mayor
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(CORPORATE SEAl.) �
EARTHBALANCE CORPORATION m
By _ _.........
By m ® w d
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EXHIBIT A
SCOPE OF SERVICES
REMOVAL OF INVASIVE EXOTIC PLANTS FROM
MONROE COUNTY CONSERVATION LANDS—MAINTENANCE TREATMENT
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PROJECT HISTORY
Monroe County currently owns or manages approximately 2,000 acres of conservation lands throughout
the Keys. The purpose of the current project is to maintain the County's properties that have been
previously treated for invasive plants and to treat small infestations of exotics. Monroe County has
received funding from the Florida Fish&Wildlife Conservation Commission,Invasive Plant
Management Section, in the amount of$115,000 to fund an invasive exotic plant technician crew to work �
on County parcels selected by the Monroe County Land Steward. In addition, the County is providing a
local match of$25,000,bringing the total finds available for the project to$140,000 (not to exceed).
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Work must be completed by May 27,2022.
PROJECT LOCATION
Lands in this project area consist of public conservation lands located throughout the Florida Keys either
owned or managed by Monroe County. Monroe County owns approximately 2,000 acres of scattered
conservation lands throughout the Florida Keys. This project will target a portion of those properties in
the areas identified below(the majority of the sites are within the Lower Keys area):
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Upper Keys: Key Largo;Tavernier
Middle Keys: Crawl Key r-
Lower Keys: Sugarloaf Keys; Cudjoe Key; Summerland Key; Ramrod Key;Torch Keys;Big Pine
Key;West Summerland Key
Most individual parcels are only 0.1 acres in size, but many are contiguous and combine to fornn much
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larger management units. The majority of the sites are located in neighborhoods,adjacent to residences,
and easily accessed by roads. Work inn neighborhoods will require special considerations for safety,noise,
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and appearance of the property. CL
Level of infestation varies by site,but since most of these sites have been previously treated,most sites
will be less than 10%coverage of invasive exotic vegetation.
Location maps of the project area are attached as Exhibit 1. The selected contractor will be given more
detailed aerial maps of the work sites,including GIS shapefiles.
SCOPE OF WORK
Contractor must comply with all provisions of Florida Fish&Wildlife Conservation Commission's Task
Assignment FK-173,attached as Exhibit B. Failure to comply with said provisions constitutes reason for
contract cancellation and dismissal of the Contractor. m
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The project consists of the eradication of invasive exotic plant species occurring on selected Monroe
County conservation lands,utilizing herbicide as necessary. The work will be completed by the
contractor's ground crew comprised of up to four(4)invasive plant technicians(including the crew
supervisor).No more than one crew(composed of one crew supervisor and up to 3 technicians)may work
at any one time. The contractor will manage the project including the scheduling,subcontracting as
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necessary, labor,monitoring and reporting progress. Additionally,the contractor will provide all
necessary training,equipment, supervisory and administrative support for the technician crew. All work
is to be completed using hand tools(no heavy equipment required). Work must be performed during
normal work hours (between 7:00 am and 5:30 pm),Monday through Friday. No work may occur on
weekends or on holidays observed by Monroe County.
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The County will supply location maps of project sites,including GIS shapefiles.
The contractor must have GPS equipment and trained field staff to enable accurate field verification of
property boundaries and to provide accurate mapping of areas treated. At the end of the project,the
contractor will provide the County with GIS shapefile data indicating the total area surveyed.
The contractor will work closely with the County Land Steward to identify sites where only boundary or 0
edge treatments are necessary and sites where a thorough inspection/treatment of the entire site is
required. The work requires a knowledgeable crew of technicians who can"sweep"County properties
and remove only the invasive exotic plant species found on the sites. The technicians must have
demonstrated knowledge in identification of Florida Keys' species,both native and exotic,including
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closely related species.
The contracted crew's priorities will include: maintaining previously treated exotic removal sites free of
exotics; conducting sweeps of large conservation areas, looking for new infestations; and the removal of
small infestations of exotics from recently purchased conservation lands.
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The contractor shall notify the County Land Steward when it finds infestations of invasive exotics that are
either too large for the crew to handle or trees that may be potentially hazardous to remove(i.e. near X
power lines or neighbors' structures). The contractor shall provide information to the County on the
approximate dimensions of the infestation and the location.
Target species include: Brazilian pepper(Schinus terebinthifolins);Australian pine(Casuarina spp), lead
tree (Leucaena leucocephala); seaside mahoe(Thespesia populnea), scaevola (Scaevola sericea);
latherleaf(Colubrina asiatica);Brazilian jasmine(Jasminum fluminense); Guinea grass (Panicum
maximum); Washington fan palm (Washingtonia robusta); sapodilla(Manilkara zapota); sea hibiscus �.
(Hibiscus tiliaceus);castor bean(Ricinus communis);wedelia(Sphagneticola trilobata)I- oyster plant
(Trculescantia spathacea); air potato(Dioscorea bulbifera); red sandalwood(Adenthera pcvonina); e-
woman's tongue(Albizia lebbeck);tropical almond(Terminalia catappa); green fountain grass >
(Pennisetum setacewn); asparagus fern(Asparagus aethiopicus); chastetree(Vitex trifolia)and night-
blooming cactus (Hvlocereus undatus). These and all other invasive exotic species listed by Florida
Exotic Pest Plant Council (FLEPPC)will be either hand-pulled,cut and treated, or treated in place with
appropriate herbicide. Every effort shall be made to avoid damage to native vegetation and impacts to C
wildlife.
The exotic plant species listed above will be treated according to developed effective control techniques.
Depending upon the species treated and the type of habitat, plants may be hand-pulled, treated in place,
removed from site, or chipped on site. Decisions regarding specific plant treatment methods on each site
will be made by the Land Steward. The contractor is responsible for the treatment and/or removal of all
exotic plant species listed, including trees, grasses, groundcovers, and vines, in any life stage (including
seedlings).
Hand removal shall be the preferred method of removal when feasible. When it is not feasible,
vegetation may be treated with herbicide and left standing in areas where standing dead timber does not
pose a threat to human safety or is not offensive to adjacent neighbors. When cutting is required,each cut
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plant will be cut as low to the ground as possible. Cuts will be made level to the ground to minimize
herbicide runoff prior to absorption. A machete may not be used to cut trees as it creates a jagged cut;
toppers or saws are preferred tools. An appropriate herbicide shall be applied within one(1)minute of
stump preparation.
Invasive exotic plant species shall be treated with herbicide as follows:
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Target Species Treatment Method
Asiatic eolubrina 50%Garton 3A applied to cut surface immediately after cut or
(Colubrina asiatica) 20%Garton 4 applied to stump's cut surface and sides
Australian pine 50%Garton 3A applied to cut surface immediately after cut or
(C'asuarina spp) 20%Garton 4 a lied to stuin�'s cut surface and sides
Beach naupaka 50%Garton 3A applied to cut surface immediately after cut or e
(Scaevola sericea) 20%Garton 4 applied to stump's cut surface and sides U
Brazilian pepper 50%Garton 3A applied to cut surface immediately after cut or
(Schinus terebinthifolius) 20%Garton 4 applied to stump's cut surface and sides
Lead tree 30%Garton 4 applied to stump's cut surface and sides
(Leucaena leucoce hala)
Seaside mahoe 50%Garton 3A applied to cut surface!in i ucdialeiv upon cutting
(Then esia opidnea)
night-blooming cactus Hand pull entire plant and physically remove all material from the
(Hvlocereus undatus) site
bowstring hemp Cut and remove blade; treat cut base with 10%glyphosate `-
(S'ansevieria hvacinthoides) W
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Technicians shall utilize quart-sized, chemical resistant spray bottles,such as"Spraymaster"bottles (or
similar),for herbicide application. The contents must be clearly labeled on the outside of the bottle. A
dye shall be used to facilitate identification of treated stems. Herbicides will be applied using a low-
pressure spray to minimize drift and non-target damage.
Any additional treatment methods or changes to the methods listed above must be pre-approved by the e
County Land Steward.
All mature(brown)lead tree(Leucaena leucocephala)seeds and air potato(Dioscorea bulbifera)will be
bagged and left on the site for disposal by the County. All vegetative material from bowstring hemp
(Sansevieria hyacinthoides) and night-blooming cactus(Hvlocereus undatus) must be physically
removed.
Resulting plant material may either be bagged or neatly piled on site(adjacent to the road)for County
pick up. _
The contractor may utilize a chipper(not required). Any mulch created will be disposed of in one of the
following ways(as detennined by the County Land Steward): ;
1. Spread evenly across the site; or
2. Removed from the site by the Contractor, at no expense to the County for the removal(if the
Contractor wants the mulch for their own purposes),- or
3. Neatly piled on the site by the contractor and removed from the site by the County(if Land
Steward determines that on-site disposal is not an option).
The Contractor will not be required to transport off-site or pay for the disposal of any vegetative
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waste created by the project,unless the Contractor desires to keep the mulch.
The Contractor will provide all necessary equipment to complete the project including (but not limited to)
hand tools,chainsaws,chippers (not required),vehicles, sprayers,garbage bags and personal protective
equipment. The Contractor will also provide all materials for treatment(including herbicide and U
adjuvants)and ensure proper disposal of herbicide and adjuvant containers and will strictly adhere to all
herbicide label application,precautionary,and safety statements. U
The Contractor shall be paid according to the hourly rates established in the contract for each type
of on-site employee. No compensation shall be paid for travel time to and from the work site. The
project is complete when the total cost per hour reaches 5140,000 or on May 27,2022,whichever
occurs first. There are no reimbursable expenses.
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All herbicide treatments shall be at least 95%effective in preventing re-sprout of treated plants. If 95%
kill rate is not achieved for any area of the project after two (2)months past initial project completion;
one additional treatment of the exotic plants in the problem area shall be the responsibility of the
Contractor at no additional cost to the County.
v)
The Contractor shall at all times provide an on-site ground crew supervisor that is certified by the Florida
Department of Agricultural and Consuumer Services and in good standing with that Department, as part of
the work force. Ground crew supervisors will be responsible for: 1)coordination with the Monroe
County Land Steward on a daily/weekly basis; 2)all control activities and safety on project sites; 3)
assuring that all crews are knowledgeable of,and remain within property and treatment boundaries;4)
assuring appropriate herbicide labels and Material Safety Data Sheets (MSDS)are on site; 5)avoiding
damage to native vegetation and wildlife; and 6)strict adherence to all herbicide label application, X
precautionary, and safety statements. Ground crew supervisors shall be certified by the Florida
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Department of Agriculture and Consumer Services in the Natural Areas category.The County reserves the
right to disqualify prospective bidders who have violations of the Rules of Chapter 62C-20,F.A.C.,or 0.
other state or federal laws or regulations related to pesticide use or aquatic plant control resolved by
mediation, Consent Order,or fine within the two(2)previous years.
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Crew supervisors must be bilingual if their crew includes non-English speakers. They also must meet
with the County Land Steward on a regular basis to discuss the progress of the project and to determine
priority areas for treatment. The supervisor shall complete"Daily Progress Reports for Invasive Plant CL
Control"and will submit the completed forms to the County every two weeks at a minimum. >
The tern"technician"is used to imply specialized knowledge of invasive exotic plant control. All
technicians working on the crew must have training in plant identification(specifically Keys' species)and W
herbicide application methods. Preference may be given to contractors with highly trained crews,
including those that have herbicide licensed crew members(ill the category listed above).
The contractor must hold a valid Monroe County business tax receipt.
Additional plant treatment or removal and nonplant debris removal may be added to the project by mutual
agreement as field conditions warrant and funds permit. Such agreements for additional work shall be m
made in writing and agreed to by signature of both parties.
According to the County's formal agreement with Florida Fish&Wildlife Conservation Commission,
contractors working on invasive exotic removal projects must adhere to the following protocol:
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• Mandatory decontamination protocols must be followed for vehicles and equipment prior to entering
Monroe County from areas outside of the County.
• When moving equipment from site to site within Monroe County,decontamination requirements
will be at the discretion of the County and will be dependent upon the exotic species that were
treated at the previous site and on the nature of the treatment sites.
• If decontamination is required by the County then the contractor must utilize a designated
decontamination site within Monroe County. The County shall supply the contractor with a list of e
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designated decontamination sites if necessary. -�
Decontamination protocols:
• All equipment including but not limited to vehicles,trailer,ATV's, and chippers must be cleaned
with a pressure washer(at a County approved facility). Decontamination protocols include spraying U
down all equipment surfaces including the undercarriage and tires to insure that mud,vegetative -�
debris and other debris is not transported from the previous treatment site. Special attention will be
paid to equipment that has worked at sites where Lygodium,Cogon grass and other exotics specific
to the mainland were treated to prevent the spread of these species into Monroe County.
• Equipment such as chain saws, loppers,etc. used for cut stump treatment must be wiped down and
cleaned so that they are free of debris.
Prior to the commencement of the project,the contractor and the County Land Steward shall discuss the
necessity for a decontamination plan. If the County requires a plan,then the contractor shall submit a
brief decontamination plan in writing,to the County for approval. The decontamination plan shall identity
specific decontamination procedures and decontamination sites. Decontamination protocols may vary
depending upon the nature of the treatment site, type of treatment conducted at the site, and the exotic 0
species that were treated. 6
Failure to comply with decontamination protocols constitutes reason for contract cancellation and
dismissal of the Contractor.
While notice to proceed will be issued as soon as possible after the contract is final,the project timefraine c
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may be adjusted depending on seasonal conditions. All work must be completed by May 27, 2022.
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TASK ASSIGNMENT NOTIFICATION FORM
FWC CONTRACT NO,13101
I'ask Assignment No:FK•173 Date:06/07/2021
ContraciotName,MonrneC:ounty FWC C:onwxt Manager:David McNiel 850.617-9427
C;onlraetoe,i Contract Manager:Beth Bergh-305.259 251 I FWC Site Manager;Jackie Smith 772.678.5106
Project Title:Monroe County Properties
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Task Description:
Provide ierrestrW vegetation control serviceq in accordance with the Scope 9f Work for the designated urea(s)of the public conservation hind identified by Ilse T ask
Asslgplrent.Work shall consisc of the Contractor sy's-temanu-.rily traversing,locating,mad orating l Uf%of the lisietl h1vacive plants with Uie result of a minimum of 95%of
target plants being killed.Work shall be conducted pursuaint to details stated in dx:curxia executed'i ask AsSignrncnt scope of+work and any executed Change Or&,r far
this Task Assignment the FWC Contract Managt,:r for the.Invasive Plant Management Section may issue modifications to this Task Assignment altering the scope of the
invasive plant control nuthoriw (increase or decreaK acres.acid or rentoe a plant species,change un4s or unit boundaries).The Section Leader of the Invasive Plant
Management Section may issue rmmdifle bores to this Task Assignrivnt reducing the reimbursement amount and any ctmaunges m the 1 enn.The C;omrxior is not authorized
to perform work on any additional sites until such tine:as.the FWC and the Conine torhovc'full.;executed a Change Order for said aeidit'ional work.Any work O
perfomtal by the Contractor ennn-dn'to this Task Assigomcm shrill be at the Colivactoes c%pensc.The Contractor is authorized to subcontract. Ca
Deliverables
Contractor is to provide terresidal vegetation txllmtnal 5ervirrs On public con%crvation land as Identified in the l ask Assignment Scope of Work(E.xhlblt 1).Contractor will �
perform vegetation control services to include,but not limited to,chemical twatinenl,inedumical removal,and hand pulling as needed per the task assignment.FW'C will )
teimhurse conlrnctor for all completed work as required for each iask assignment. �
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Invoicing Frequency and Financial Consequences
An invoice is submitted after work has been completed by the Contractor All detailed invoice supporting documentation including,but not limits d to,payroit iniannauion,
chemical invoitx!�end approved and signed Weekly Progress Ropori forms shall be maintained on file and available upon reque,ct.Only cysts directly related to the
services being provided may be reimbursed.One invoice nurse be submitted Capon cutmpietion of work within the time-pe ri od given by the FW'C Contract Manager.The
invoice iftusl reiletl the FWC Contract number,the Task Ass!gnnicni number,and the Dales of Scrvitx-
II'the Contractor materially falls to comply with the(emus and conditions,including any Federal or State stages,rules or regulations,the FWC shall temporarily withhold
Cash payment pending colrection of the dcricicincy.Addltlonally.Rule 60A-1-006(3),F.A.C.governs the procedure and consequences of default Financial consequences
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for default by tale Contractor include bul are riot Ilinited to the req irerrlcnl that Contractor reimburse FWC fir reprueurement costs.
Task Assignment Start Date:Upon Executaan Final Treatment Completion Date:0 712 912 02 2
Task Assigtirrnent Type:Fixed Price Amount Not To Exceed:$1 15.000-00
Total Task Assignment Value:$115,000.00 Funding Type:3 K
Funding Infortmation:
ORG CODE. !EC9 Qi3lECT CObE PROfEC'T YEAR AMOUNT PID
..•.�. _. -.._.. 1
77358{}90200 3K 139900 I K-173 F 21,)21.2022 000.00 978493{)1000 �
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MONROE COUNTY FLORIDA FISH AND WiLDLIFE CONSERVATION C:OM.111SSION �
Dagltally signed by Pa,vid
iI David McNiel
�A A 202r.06 C4 1i C4G9-04'0
.unt,ct in e // Contract Manager Date
Pbalrally s fined by Matt hew V:
�k ►}�] '�J w V. Phillips Pttlnirxc
?+ it 7• .DQr_3f oat. 20106.i3oe'.}�r,01•04'00'
.���..,��.. Matt._w
M ay or Oatc I k M Section J ender Date
A `E'ST K E V I N MADOK,CLERK W
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s Deput; C,"lerk c�
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MoNnoc Co Al mgy
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FWC Contract No. 13 10 1;Task Ass itlannicT Page 112
Packet Pg. 1760
H.2.a
RESPONSIBILITIES OF THE CONTRACTOR:
1.Upon hall execution of the Task Assignment,the Contractor will coordinate with the FIATC Site Manager to establish a mutually agreeable work schedule;
2.A Ground Crew Supervisor,employed by the Contractor,will be present at all times when work on the site is underway-,
3.Ground Crew Supervisors will be responsible for all control activities and safety on project sites.The Ground Crew Supervisor will assure contract crews are
knowledgeable of,and remain within property and treatment botnmdaries.Every effort shall be made by the Contractor to avoid damage to native vegetation and wildlife:
4.Ground Crew Supervisors will be pesticide applicators possessing eiurent certification by the Florida Department of Agriculture and Consumer Services(FDAC S)in
the Natural Areas categories.A copy of each supervisor's FDACS certification will be provided to the FWC Site Manager prior to initiation of on-site supervisory duties M
5.The Ground Crew Supervisor may supervise a maximtnn of eight(8)field enmployces at any given time,unless otherwise noted in the Task Assigrnnent;
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6.The Ground Crew Supervisor shall be responsible for the collection,recording,and timely submission of all data and reports required At weekly intervals and at the
completion of initial treatments and site reassessment,a complete report will be submitted to the Site Manager detailing sites treated,number and size of plants killed,and
type of treatment used.This data will be recorded on the FWC"Weekly Progress Report Form
7.The Contractor will strictly adhere to all herbicide label application,precautionary,and safety statements;
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8.All control efforts shall be at least 95%effective in preventing re-sprout of treated target vegetation.If 95%kill rate is not achieved for any area of the project sixty(6C U
days after project completion,one additional thorough treatment of the plant species listed under"Project Goals"in the project area will be the responsibility of the
Contractor at no cost to the FWC;
9.The Contractor shall provide written notification to the Contract Manager upon completion of treatment ev ent(s); )
10.The Contractor shall forward an original invoice along with all corresponding Weekly Progress Report Forms,completed and approved,to FWC Invasive Plant
Management,3800 Commonwealth Boulevard,MS 705,Tallahassee,Florida 32399-3000 within thirty(30)worknmg days of final managing agency approval.
RESPONSIBILITIES OF THE FWC SITEMANAGER:
1.The Site Manager reserves the right to inspect,nt any time,the Contractor's procedure,spray systern(s),spray solution(s),and other ancillary equipment,and to UJ
approve operating personnel.Inspection,however,will not relieve the Contractor of any obligations or responsibilities nor will it transfer-any liability to[lie lands listed U
under"Project Location"; X
2.No additional work can be added to this Task Assignment without a hilly executed Change Order_Additional work includes additional treatment areas or change in
treatment methodology;
3.The site management agency authorizes FWC Invasive Plant Management staff to approve invoice payments of all funds enctuubered under this Task Assignment. �
Payment will be approved only for that work approved by the Site Manager.A copy of the approved irlvoice will be forwarded to the site management agency.
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FWC Contract No. 13 10 1;Task Assignment FK-173. Packet Pg. 1761
H.2.a
Exhibit 1
Scope Of Work
I::arr.:s.ject :I.Cific)i`ina tk',)n
Project Title : Monroe County Maintenance 2021-2022
Fiscal Year ; 2021-2022
Project Category ; Large
Treatment Type : Maintenance
Task Assignment No : FK-173 c
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Contact Infor"rna Lion t8
First Name : Beth ,'First Name : Beth
Last Name Bergh Last Name : Bergh
Addressi 2796 Overseas Hwy, Suite 400 Addressi 2798 Overseas Hwy, Suite 400
f City : MARATHON City : MARATHON
State FL State FL
Zip 33050 1,Zip 33050 a)
Primary Phone 305-289-2511 i,Primary Phone 305-289-2511
!Email bergh-beth@monroecounty-fl.gov Email id bergh-beth@monroecounty-fl.gov
Managed Area : Monroe County Managed Areas
Total Acreage of Managed Area : 1,606 W
Lead Agency Monroe County
Regional Working Group : Florida Keys
Pro ja:ac i.-occa ic'.n
Monroe County conservation lands are located throughout the Keys from Key West to Key Largo, with the majority of thi
lands located in the Lower Keys (south of the 7 Mile Bridge) and in Key Largo. They are either owned by Monroe Co or
owned by the State of FL and managed by the County through a management lease. There are approximately 4,200
parcels (1,900 acres) of Monroe Co conservation lands. FL
Project
Monroe - 2
D�rechons to FIr(,'.---qLJote Location
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NA - Monroe County to hire contractor
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Packet Pg. 1762
H.2.a
RESPONSIBILITIES OF THE CONTRACTOR
Unless otherwise established in the Purchase Order(PO),the Contractor shall complete all work as set forth in the Project
Scope of Work in full compliance with the terms of the Contract.The responsibilities of the Contractor include(this is not
a complete list,-refer to FWC RFP 17/18-82 for all requirements):
1. Upon issuance of a Purchase Order-the Contractor shall:
a.Contact the Site Manager to discuss project operations within seven (7)days.
b. Initiate control operations at the specified project location within thirty (30) days of the issuance of the Purchase
Order, unless stated otherwise in the project Scope of Work, the PO, or email correspondence with the Site and FWC
Project Managers. If the Contractor fails to start work within said 30 day period,the Commission shall have the option
to terminate the PO and assign it to another Contractor.
c. Enter start and end work dates in TIERS; if these dates change by more than one (1) week,they must be updated in
TIERS and the Site Manager notified. The Commission must approve all start dates after 30 days of Purchase Order
issuance date or change thereof.
d.Notify the Site Manager via electronic mail seven (7) days prior to entering the work site.
2.The Contractor is not authorized to perform work on any additional sites or plant species until FWC has fully executed
a Change Order for said additional work.Any work performed by the Contractor contrary to the Purchase Order shall be
at the Contractor's expense. c
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3. Ground Crew Supervisors shall be responsible for:
a.coordination with the Site Manager on a daily/weekly basis;
b.all control activities and safety on project sites; T
c.ensuring that all contract crews are knowledgeable of,and remain within property and treatment boundaries; )
d.ensuring that appropriate herbicide labels,Material Safety Data Sheets(MSDS),and a copy of the fully executed work
order with maps are on site;
e. ensuring every effort is made to avoid damage to native vegetation and wildlife by training workers on the
identification of target plants and"look-alike"native vegetation;
f.ensuring adherence to all decontamination protocols.
4. Ground crew supervisors may supervise a maximum of eight (8) field employees at any given time,unless otherwise
noted in the Purchase Order, or approved in writing by the Site and Project Managers. The designated supervisor must
story with the crew at all times while work is occurring. �
5.Ground crew supervisors shall be responsible for the collection,recording,and timely submission of all data and reports �
required. At regular intervals determined by the Site Manager and at the completion of initial treatment and site 76
reassessment,a complete report will be submitted to the Site Manager in the TIERS database detailing sites treated,cover
class of plants, and type of treatment used. This data will be recorded in the Weekly Progress Report (WPR). It is the
responsibility of the Contractor to submit complete and correct WPR(s)to the Commission.
6. GPS units will be used to identify and document treatment area boundaries for each day worked. GPS tracks are used
for monitoring treatment.Each crew member must carry a Garmin GPS(track setting should collect least often),or a smart e
phone with an application capable of recording GPX format tracks. Submitting GPS tracks without actually conducting a
treatment shall be grounds for default. The Contractor will save project tracks for each project and (if requested) email
them to the Site Manager or the Project Manager.Retreatment tracks must be emailed to the Site and Project Managers, T
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7,The Contractor will be allowed to subcontract with a preapproved Subcontractor after prior written or electronic mail
approval of the Project Manager. °N
8. Failure to comply with decontamination protocols constitutes reason for contract cancellation and dismissal of the >
Contractor.
9.The Contractor shall properly dispose of all herbicide and adjuvant containers.
10. The Contractor shall be responsible for the effective treatment of 100% of target vegetation identified in the project
Scope of Work, which results in a minimum of 95% of plants killed. A dead plant does not resprout from an original
root/rhizome system.All parts of the plant must be dead,not simply defoliated.If 100%of the area is not treated and/or
a 9S% kill rate is not achieved for any area of the project after one to six months post-treatment,one additional thorough
treatment will be the responsibility of the Contractor at no cost to the Commission or contracting entities. The
Commission's decision as to the overall effectiveness of the treatment is final.All non-compliance must be resolved within
two months of notification, unless otherwise directed or approved by the Commission.If non-compliance is not resolved
within two months,the Contractor shall be responsible for treating any and all growth of plants within the non-compliance
area. Inspections and non-compliance notifications may occur during or after treatment. Non-compliance re-treatment
tracks must be turned into the Project and Site Managers. <
Packet Pg. 1763
H.2.a
The Three Points Rule
To ensure that the selected Contractor provides the best service to public conservation land managers,the Commission
has instituted a "Three Points Rule." Failure to fulfill the responsibilities below shall subject the Contractor to an
assessment of points as set forth in this RFP and FWC RFP 13/14-94.An accrual of three points shall cause the Contractor
to be ineligible to participate on any quote or project under any Commission Upland Invasive Plant Control Services
contract for one calendar year after accrual of the third point.If the infraction is caused by the Contractors'subcontractor,
points will be accessed against both parties. If the Contractor has responsibilities for treatment or re-treatments
remaining at the time they are pointed out,failure to fulfill those requirements would be grounds for termination rather U
than suspension unless otherwise stated by the Commission. Each point assessed will affect a contractor's eligibility for
three years from the date it was assessed. Upon completion of one year of ineligibility, the Contractor's points reset to
zero.Use of the"three points rule"does not preclude the Commission from exercising its rights to terminate for default or U
convenience.
THREE POINT DEFAULT TABLE o
INFRACTION POINTS
1 Failure to notify the Site Manager within 7 days upon issuance of Purchase Order or 7 days 0.5
prior to initiating work(unless authorized by Project Manager).Failure to enter and
update start/end dates in TIERS.
Z Absence of the assigned crew supervisor holding valid FDACS pesticide applicator license 1.0 2
in the Natural Areas Weed Management certification.
3 Failure to complete the task specifications by completion date. 1.5
Failure to treat 100%of target vegetation and/or conduct retreatment to achieve 95% 2.0
control level when directed by Site Manager or FWC Project Manager.
5 Repeatedly submitting incorrect or incomplete progress reports,GPS tracks,or invoices. 0.5
6 Failure to obtain written approval to subcontract from FWC Contract Manager. 1.0 W
Subcontractors shall be evaluated prior to approval.
7 Unacceptable non-tar et damage. 1.0 X
8 Unacceptable site disturbance. 1.0
9 Herbicide contaminations ill. 1.0
10 Failure to maintain communication with Site Manager on progress/problems and work 1.0
initiation or completion.
RESPONSIBILITIES OF THE SITE MANAGER
1. The Site Manager shall attend the "pre-quote meeting"for their project(s) to ensure that Contractors have sufficient
information about the project area,targeted species,and site conditions in order to provide a reliable quote for the work
to be conducted. CL
To assist the Site Manager in preparing for a pre-quote meeting on their property, FWC has created the "Site Manager
Checklist."
2. The Site Manager shall be responsible for informing the awarded Contractor about timing of the treatment(s),
conflicting scheduled events, and current site conditions that may affect completion of the contracted work. The
Contractor is not responsible for any changes to the work specifications that have not been approved by FWC.
3, Prior to the commencement of an invasive plant removal project, the Site Manager shall address the necessity fora
decontamination plan. If the Site Manager requires a plan,it shall be the responsibility of the Site Manager to inspect all M
equipment prior to work commencing on the first day at the project site,on any occasion that the equipment leaves the
project site,and any time during the course of the control operation. ,
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4.The Site Manager shall monitor the activities of the Contractor and thus reserves the right to inspect, at any time, the
Contractor's procedure, spray systems, spray solutions, and other ancillary equipment, and to approve or disapprove
operating personnel. However, inspection, or a lack thereof, shall not relieve the Contractor of any obligations or
responsibilities nor shall it transfer any liability to the land listed as"Project Location"in the Scope of Work or to FWC.
5. Before signing the Weekly Progress Report(s), the Site Manager shall verify that the content of the WPR(s) and GPS
tracks reflect control operations observed in the field and described in the approved Scope of Work.
Packet Pg. 1764
H.2.a
Exhibit 1
i
Description
Managed Area : Monroe County Managed Areas
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labitat Description
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See attached PDF document titled, "Natural Communities"
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IFNA11' Natural Communities
2
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Fargrsted r::.}lantc.
OEM
Brazilian pepper Schinus terebinthifolia
lather leaf Colubrina asiatica
p _._ — p iu
Australian me I Casuarina species
Lseaside mahoe, portia Thespesla populnea
scaevola, beach naupaka Scaevola taccada
Brazilian jasmine ( CT ) Jasminum fluminense
j lead tree Leucaena leucocephala
j sapodilla Manilkara zapota
asparagus fern __ I Asparagus aethiopicus
Washington fan palm Washingtonia robusta
life plant ( CT ) j Kalanchoe pinnata
wedelia ( CT ) Sp
hagneticola tri lob ata
coral vine ( CT,SS ) Antigonon leptopus
castor bean Ricinus communis
tropical almond Terminalia catappa
scheff
4 1 You have selected a species
that mbrwlla only treat a conditional basis. You may have to submit aLedetaaCdti ea m Ina 0
I( - ) p y y treatment plan, or justify why 0
this species should be included in this project. Please contact either John Kunzer or Jackie Smith for guidance.
(SS) The species in red are known to be senescent for a portion of the year. While their detectability and/or treatability may be low during this
senescence, the contractor is still responsible for treating them effectively at the contractual 100%treatment/95% kill rate.
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Other Targeted [,:bnt
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Hylocereus undatus
Sansevieria hyacinthoides
II Tradescantia spathacea
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Packet Pg. 1765
H.2.a
Exhibit I
2019 7.70 4,5,6,9,10,11,12 IPM BP, AP, Thespesia Initial
2020 1 400.00 All IPM All Cat 1 & 2 Maintenance
2021 250.00 Upper & Lower Keys IPM I All Cat 1 & 2 Maintnce
2007 10.00 2 5,12 _. .Ipm BP, AP, Thespesia. . ....n. niena i ,� .
d
I aintenance
a, etc M
1 a, etc initial
2007 500.00 All IPM All Cat 1 & 2 Maintenance
2008 16.00 2,4,5,12,16 IPM_ BP, AP, Thespesia Initial
2008 500.00 All IPM AII_Cat 1 & 2 Maintenance
_ e w _
2009 13.00 2,5,12,14,16 IPM BP,AP, Thespesia, etc Initial
2010 S00.00 All �� IPM BP AP Thespesia ; Initial
2010 1 11.00 ( 2 5 12 IPM
All Cat 1 & 2 Maintenance
2011_1 7.00 1, y5,12 _ _ ..., IPM BP, AP, Thespesia Initial
2011 500.00 All IPM All Cat 1 & 2 Maintenance
2012 1 5.00 2,5 1216 IPM BP,AP,Thespesia . _ Initial 0
�I 2012 500.00 All IPM All Cat 1 & 2 Maintenance
t Cat 1 & 2 Maintenance N 2013 � 500.00 � All � IPM All
2014 500.00 All IPM All Cat 1 & 2 Maintenance U
2014 5.20 2,12 IPM BP AP, Thespesia Initial .�
2015 200.00 ( All except 1,9,11,13,17 IPM All Cat 1 & 2 Maintenance
2015 5.00 2,10,12 IPM BP,AP,Thespesia Initial
�L 2016 150.00 ( 2,10,12,16,17 IPM j All Cat 1 & 2 Maintenance
._
2016 ( 6.00 5,12 IPM_ BP AP, Thespesia Initial
2017 ( 150.00 2,415,10,12,14,15,17 ( IPM ( BP,AP, Thespesia Maintenance
2017 5.50 2,4,5,10,12,14,15,17 IPM BP AP..Thespesia Initial
_ . .._ p_..
2018 1 4.00 8,9,10,12 IPM BP,AP,Thespesia Initial
1 2018 1 150.00 Upper Keys IPM All Cat 1 & 2 , Maintenance
2019 200.00 Lower Keys IPM All Cat 1 & 2 ( Maintenance _
00 1�2,4,5,6,7,8,9,10,12 IPM All Cat 1 & 2 Maintenance
r � . � . _._. , �.. ..,. . a,. .... . . , _. . .. ..... .. �
2019 240. _
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Unit Description
COVER CLASS I RANGE(%) 1) <10/b 2)1-50/o 3)6-25% 4)26-50% 5)51-750/o 6)76-950/o 7)95-1000/o j
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Total Treatment Acres: 0
Addelldlan°i —
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Packet Pg. 1766
H.2.a
Exhibit I
Specifications
STANDARD Work Specifications
Contractor shall begin treatment where directed by the Site Manager and shall proceed in a systematic manner across
contiguous areas to ensure 100% of target vegetation is treated. Contractor will treat each target species by the most
effective method, such as basal bark or cut stump for trees and shrubs, and foliar for ferns, vines, and grasses. Small
seedlings/saplings may be hand-pulled and bagged, or hung on branches of surrounding trees. Pulled seedlings/sapling.,
should never be left on the ground. Climbing ferns and vines over six feet tall should be treated by the "poodle-cut"
method. When girdling trees that are to be left standing, unless directed otherwise in writing, the girdling cuts may not
be done in such a manner that structurally weakens the tree. Contractor shall follow all label directions for applied
herbicides. The label is the law, All herbicide mixes should contain the adjuvant(s) necessary to ensure an effective
treatment. A marker dye should be included in all tank mixes. Contractor shall be liable for unacceptable non-target
damage to native plant species. Disposal of plant material will be in accordance with the SOW, which may include offsil
dumping and tipping fees. Contractor shall supply all transportation, chemicals, labor, and equipment necessary to
accomplish the work assigned, unless otherwise stated in the SOW (e.g., chemicals may be provided to Contractor).
Contractor shall fully complete a Weekly Progress Report (WPR) for all time worked on site and shall submit the WPR tc
the Site Manager (or designee) via TIERS. GPS tracks of each treatment area shall be recorded by Contractor and
provided to the Site Manager and the Commission weekly. Contractor will be responsible for security of work areas, suer
as closing and locking gates during and after work hours. Contractor shall decontaminate all equipment before entering
or leaving the project area to ensure that no propagules or reproductive materials are transported between treatment
sites or managed areas. If the project specifications include 2 treatments of grasses, the second treatment may not be
conducted until the expected regrowth is at least 1.5 feet high, or in shorter-length grass species, until the expected
regrowth is at least 60% of the total expected leaf blade length.
E:qui rnent Considerations
County to hire contractor; equipment considerations and decontamination protocols will be included in the County's U
contract with the selected contractor.
Other, Reqrlir .rAnr-vni:.:, and Provisions
County to hire contractor in accordance with the County's purchasing procedures. The contracted crew will perform the
work using hand tools only. Priorities for work include: maintaining previously treated sites; conducting sweeps of larg
areas; and the removal of exotics from recently acquired properties. The County's contractor(s) will complete as many c
the listed units as possible within the contracted dollar amount. Therefore, not all sites listed in this proposal may be
completed. All work under this project will end by June 1, 2022.
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Threatened, etc, Species
White-crowned pigeon, Key deer, Lower Keys marsh rabbit, Bartram's hairstreak butterfly, manchineel, cupania, skyblue a)
clustervine. These areas will not be marked at the time of treatment.
Pro,jecf Time Frame
iE,
Timing of the Treatment: No Preference
2 treatments/cogon grass only
-Yes r•No
Does treatment date matter?
('Yes r No
Can treatment occur on weekends? (Required)
("Yes r.No
Packet Pg. 1767
H.2.a
Exhibit 1
Can treatment occur outside of normal business hours? (Required)
c Yes r. No
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Packet Pg. 1768
H.2.a
Exhibit 1
Uploaded docurnents 'for, the Pr,oposal
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9 p p Project 10caIW" nti0 /proximity n Map
eneral l ec bid location pdf 22 df Pre-bid location map I GePeeab d to at
_ _ ion
Natural Communities.pdf Treatment area map Natural Communities
Treatment Area Maps 2021-22.pdf Treatment area map Treatment Area Maps
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Packet Pg. 1769
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Packet Pg. 1770
H.2.a
Monroe County Maintenance 2021-22
PRE-BID Location Map
N/A—County to hire contractor
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Packet Pg. 1771
H.2.a
Monroe County Maintenance Exotic Plant Removal Project 2021-22
Natural Communities: The majority of the County's conservation lands to be treated as
part of the current project are located within one of the units listed below. Note, not all
parcels within each unit will be treated:
0
UNIT KEY Approx# of NATURAL COMMUNITY"
Acres to be
Treated
1 Big Coppitt 46.8 Saltmarsh;hardwood hammock;
marine wetlands
_ Ca
2 Upper 36.3 Bu ttonwood/Sal tmarsh;hardwood
Su,7arloaf hammock
4 Cudjoe 25.7 Buttonwood/Saltmarsh;hardwood
(Cutthroat) hanunock
5 Surnmerland 27.4 Hardwood hammock; 0)
buttonwood/sallmarsh;marine
wetlands
6 Ramrod 10.6 Hardwood hammock;
buttonwood/saltarsh
8 Big Pine 15 Pine rocklands;hardwood hammock
(SW)
9 Big Pine 26.5 Hardwood hammock;Buttonwood/ X
(Eden Pines) sallmarsh 76
10 Big Pine 14.0 Pine rocklands;hardwood hammock
(Palm Villa)
12 Big Pine 128.3 Hardwood hammock;pine rockland;
(Sands,Long beach/ dune;marine wetlands
Beach,Little
c
Duck,West
Summerland)
13 Crawl Key 78 Buttonwood Saltmarsh;hardwood CL
hammock;marine wetlands
14 Tavernier 13.5 Hardwood hammock
15 Key Largo 26.5 Hardwood hammock >
(Bay Haven)_
16 Key Largo 34.6 Hardwood hammock;buttonwood
(Thom sons) wetlands
20 Key Largo 7.9 Hardwood hammock
(Largo City)
W
Misc Key Largo _ 23.9 Hardwood hammock
Total 513
*All units also contain"disturbed" communities c,
Land Steward may add newly acquired parcels to the project as needed, regardless of
their management unit.
Packet Pg. 1772
Adjacent Natural Areas:
UNIT KEY Adjacent Natural Area(s)
1 Big_Cop t NA_ .1�� U
2 U SuRarloaf FWC- WEA
4 Ud USFWS R6uge 0 jo U
5 Summerland NA 'a
6 Ramrod FWC-WEA
8 _Big Pine USFWS Refuge
9 Big Pine USFWS Refuge
10 BiR Pine USFWS Refuge 0
12 Bi Pine USFWS Refuge
13 Crawl Kev Curry Hammock SP
14 Tavernier FWC- WEA
U)
15 Lar o FWC - WEA
16 Largo NA ..................................
20 Largo Pennekarnp SP
.......... . -—-----------------------
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Packet Pg. 1773
H.2.a
Monroe County Maintenance Exotic Plant Removal Project
Location Maps 2021-2022
Green hatching indicates subject parcels
Monroe
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Exhibit 2
TASK ASSIGNMENT INVOICE REPORTING FORM
FWC CONTRACT NO.13101
Task Assignment Number:F -173
Invoice#:
This form must be submitted with final invoice.All data fields are required.
For each Public Conservation Land L)enter the Individual PCL Treatment Cost using FWC dollars only.For each target species controlled:enter the
name(common or scientific),the cover class for Maintenance and/or Initial acres(per below),the chemical type of the herbicide used,the%rate of herbicide
applied,and the total quantity of herbicide(not mix)applied,Enter the total number of unitTCL acres traversed once for initial(site never treated)or maintenance(any
prior treatment)treatments(a single unit cannot be both).
COVER CLASS I R. rCiE(°io) 01{I-/ 111-5% 215-25% 3125-50"/0 4150-75% 5175 95'!ib 6195-100%
0
First PCL Name:
Individual PCL Treatment Cost(using FWC funds):$
U
Maintenance
Initial Acres Initial Cover Maintenance Gallons
Plant Controlled Herbicide Rate%
Traversed Class Acres Cover Class Applied eJ
Traversed
Second PCL Name:
Individual PCL Treatment Cost(using FWC funds):$ W W
Maintenance
Initial Acres Initial Cover Maintenance Gallons
Plant Controlled Acres Herbicide Rate%
Traversed Class Cover Class Applied
Traversed
0
CL
Third PCL Name:
Individual PCL Treatment Cost(using FWC funds):$
Maintenance
Initial Acres Initial Cover Maintenance Gallons
Plant Controlled Herbicide Rate%
Traversed Class Acres Cover Class Applied
Traversed
FWC Contract No. 13101;Task Assignment FK-173. Packet Pg. 1782
ETM
AC"R" CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI:
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE!
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement of
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME: Certificates/Commercial Lines
Wallace Welch &Willingham, Inc. PHONE FAX
300 1 st Ave. So., 5th Floor vC No EXt: 727-522-7777 A/c,No:727-521-2902
E-MSaint Petersburg FL 33701 ADDRESS: certificates@w3ins.com
INSURER(S)AFFORDING COVERAGE NAIC#
INSURERA: Monroe Guaranty Ins. Co. 32506
INSURED EARTCOR-01 INSURERB: Homeland Ins Co of New York 34452
EarthBalance Corporation
dba Earthbalance INsuRERc:Amerisure Ins.Co. 19488
2570 Commerce Parkway INSURERD: National Trust Ins. Co. 20141
North Port FL 34289 INSURERE:
INSURER F: O
COVERAGES CERTIFICATE NUMBER:1470619681 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI:
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR POLICY EFF POLICY EXP cu
LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD MM/DD LIMITS
A X COMMERCIAL GENERAL LIABILITY Y GL10002827504 8/23/2021 8/23/2022 EACH OCCURRENCE $1,000,000
DA
CLAIMS-MADE OCCUR MAGETORENTED
PREMISES Ea occurrence $300,000
MED EXP(Any one person) $5,000 0)
X XCU Included PERSONAL&ADV INJURY $1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000
POLICY� J ECT1:1 LOC PRODUCTS-COMP/OP AGG $2,000,000
X OTHER: Primary Non Cont $
A AUTOMOBILE LIABILITY Y CA10000408808 8/23/2021 8/23/2022 COMBINED SINGLE LIMIT $1,000,000
Ea accident
X ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
X HIRED X NON-OWNED FIR ER DAMAGE $
AUTOS ONLY AUTOS ONLY Per accident LLJ
$
D X UMBRELLA LAB X OCCUR UMB10001683605 8/23/2021 8/23/2022 EACH OCCURRENCE $5,000,000
EXCESS LAB CLAIMS-MADE AGGREGATE $5,000,000
DED X RETENTION$1 n nnn $
C WORKERS COMPENSATION WC20964660601 4/1/2021 4/1/2022 X
AND EMPLOYERS'LIABILITY Y/N STATUTE ER U.S.L.H
ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000
OFFICER/MEMBER EXCLUDED? ] N/A
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000
B Professional/Pollution Liab 7930075900003 2/18/2021 2/18/2022 Each Claim/Aggregate $2M/$2M
Retro Date 2/18/1997 Deductible 15,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required)
U
Monroe County Comprehensive Plan Land Authority is additional insured with respect to the General Liability if required by written contract,subject to terms,
conditions,and exclusions of the policy.
Monroe County Comprehensive Plan Land Authority is additional insured with respect to Auto Liability if required by written contract,subject to terms,
conditions,and exclusions of the policy.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II
ACCORDANCE WITH THE POLICY PROVISIONS.
Monroe County Comprehensive Plan Land Authority
1200 Truman Ave, Suite 207 AUTHORIZED REPRESENTATIVE
Key West FL 33040
Ft ,
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD
Packet Pg. 1783 '
Earthbalance Corporation
Policy#CA10000408808 H 2 p
Eff 8/23/21 -8/23/22 COMMERCIAL A
CAU 003(05 19)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AUTO ADVANTAGE COVERAGE ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
NOTE: The following are additions, replacements and amendments to the Business Auto Coverage Form, and
will apply unless excluded by separate endorsement(s)to the Business Auto Coverage Form. U
With respect to coverages provided by this endorsement, the provisions of the Business Auto Coverage Form
apply unless modified by this endorsement.
The Business Auto Coverage Form is amended as follows:
SECTION II—COVERED AUTOS LIABILITY COVERAGE is amended as follows:
A. Paragraph 1.Who Is An Insured in section A. Coverage is amended by the addition of the following:
d. Any legally incorporated subsidiary of yours in which you own more than 50% of the voting stock on the
effective date of this coverage form. However, "insured" does not include any subsidiary that is an
"insured" under any other liability policy or would be an "insured" under such a policy but for its
termination or the exhaustion of its limits of insurance. In order for such subsidiaries to be considered
insured under this policy, you must notify us of such subsidiaries within 60 days of policy effective date.
e. Any organization you newly acquire or form during the policy period, other than a partnership or joint
venture, and over which you maintain sole ownership or a majority interest. However, coverage under this
provision:
(1) Does not apply if the organization you acquire or form is an "insured" under another liability policy or W
would be an "insured" under such a policy but for its termination or the exhaustion of its limits of
insurance;
(2) Does not apply to "bodily injury" or"property damage"that occurred before you acquired or formed
the organization; and
(3) Is afforded only for the first 90 days after you acquire or form the organization or until the end of the
policy period, whichever comes first.
f. Who Is An Insured is amended to include as an "insured"any person or organization except a person or
organization that leases or rents "auto(s)"to you, but only to the extent of his, her, or its liability for whom
you and such person or organization have agreed in writing in a contract or agreement, signed and executed
by you prior to the loss for which coverage is sought,that such person or organization be added as an
additional "insured"on your policy. Certificates of insurance will not be considered an Agreement to Insure.
Such person or organization is an additional "insured" but only with respect to your negligent actions,
which cause liability to be imposed on such person or organization without fault on the part of said person
or organization.
B. Paragraphs (2) and (4) under section 2. Coverage Extensions, a. Supplementary Payments are deleted
and replaced by the following:
(2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations) required because of an
"accident"we cover. We do not have to furnish these bonds.
(4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to
$350 a day because of time off from work.
CAU 003(05 19) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 1 of 3
Copyright 2015 FCCI Insurance Group.
Insured Copy Packet Pg. 1784
COMMERCIAL A H.2.b
CAU 003(05 19)
SECTION III—PHYSICAL DAMAGE COVERAGE is amended as follows:
A. Paragraph 4. Coverage Extensions under section A. Coverage is deleted and replaced by the following:
4. Coverage Extensions
a. Transportation Expenses
We will pay up to$40 per day to a total maximum of$1,200 for temporary transportation expenses
incurred by you because of the total theft of a covered "auto" of the private passenger type or light trucks
with a gross vehicle weight of less than 10,000 pounds.We will pay only for those covered "autos"for
which you carry either Comprehensive or Specified Causes Of Loss Coverage.We will pay for temporary
transportation expenses incurred during the period beginning 48 hours after the theft and ending,
regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its"loss".
0
b. Loss of Use Expenses
For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally
responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental
contract or agreement.We will pay for loss of use expenses if caused by:
(1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for 1`
hired "autos"; 0
(2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Coverage
is provided for hired "autos"; or
(3) Collision only if the Declarations indicate that Collision Coverage is provided for hired "autos".
However, the most we will pay for any expenses for loss of use to any one vehicle is $40 per day, to a
total maximum of$1200.
B. The following is added to paragraph 4. Coverage Extensions under section A. Coverage:
c. Fire Department Service Charge
When a fire department is called to save or protect a covered "auto", its equipment, its contents, or
occupants from a covered cause of loss, we will pay up to $1,000 for your liability for fire department
service charges:
(1) Assumed by contract or agreement prior to loss; or
(2) Required by local ordinance.
No deductible applies to this additional coverage.
d. Auto Loan/Lease Gap Coverage
The following provisions apply:
(1) If a long term leased"auto", under an original lease agreement, is a covered"auto"under this Coverage
Form and the lessor of the covered "auto" is named as an additional"insured" under this policy, in the
event of a total"loss"to the leased covered"auto",we will pay any unpaid amount due on the lease, less <
the amount paid under the Physical Damage Coverage Section of the policy; and less any:
(a) Overdue lease payments at the time of the "loss";
(b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high
mileage;
(c) Security deposits not returned by the lessor;
(d) Costs for extended warranties, Credit Life Insurance, Health Accident or Disability Insurance
purchased with the lease; and
(e) Carry-over balances from previous loans or leases.
CAU 003(05 19) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 2 of 3
Copyright 2018 FCCI Insurance Group.
Insured Copy Packet Pg. 1785
COMMERCIAL A H.2.b
CAU 003(05 19)
(2) If an owned "auto" is a covered "auto" under this Coverage Form and the loss payee of the
covered "auto" is named a loss payee under this policy, in the event of a total loss to the covered
"auto", we will pay any unpaid amount due on the loan, less the amount paid under the Physical
Damage Coverage Section of the policy; and less any;
(a) Overdue loan payments at the time of the "loss";
(b) Costs for extended warranties, Credit Life Insurance, Health Accident or Disability Insurance
purchased with the loan; and
(c) Carry-over balances from previous loans.
C. Section D. Deductible is deleted and replaced by the following:
D. Deductible
0
For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property
will be reduced by the applicable deductible shown in the Declarations subject to the following:
Any Comprehensive Coverage deductible shown in the Declarations does not apply to:
(1) "Loss" caused by fire or lightning; and
(2) Glass damage if repaired rather than replaced.
SECTION IV—BUSINESS AUTO CONDITIONS is amended as follows:
0
A. The following is added to paragraph a. under section A. Loss Conditions, 2. Duties in the Event of T
0
Accident, Claim, Suit or Loss:
0
This duty applies when the "accident", claim, "suit' or"loss" is first known to:
(a) You, if you are an individual;
(b) A partner, if you are a partnership;
(c) An executive officer or insurance manager, if you are a corporation; or �--
(d) A member or manager, if you are a limited liability company. _W
B. The following is added to Condition 2. Concealment, Misrepresentation or Fraud under section B. General U
Conditions: 0
0
However, if you unintentionally fail to disclose any hazards at the inception of your policy, we will not deny
coverage under this Coverage Form because of such failure. This provision does not affect our right to collect
additional premium or exercise our right of cancellation or non-renewal.
m
0
CAU 003(05 19) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 3 of 3
Copyright 2018 FCCI Insurance Group.
Insured Copy Packet Pg. 1786
H.2.b
POLICY NUMBER: GL10002827504 COMMERCIAL GENERAL LIABILITY
CGL 084 (10 13)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -
AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION
AGREEMENT WITH YOU - ONGOING OPERATIONS AND
PRODUCTS-COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
SCHEDULE (OPTIONAL)
Name of Additional Insured Persons or Organizations
(As required by written contract or agreement per Paragraph A. below.)
0
0
CJ
0
m
0
Locations of Covered Operations
(As per the written contract or agreement, provided the location is within the "coverage territory".) -�
ALL W
CJ
0
(Information required to complete this Schedule, if not shown above, will be shown in the Declarations.)
A. Section II—Who Is An Insured is amended to include as an additional insured:
1. Any person or organization for whom you are performing operations when you and such person or
organization have agreed in writing in a contract or agreement in effect during the term of this policy that
such person or organization be added as an additional insured on your policy; and
2. Any other person or organization you are required to add as an additional insured under the contract or
agreement described in Paragraph 1. above; and
CGL 084(10 13) Includes copyrighted material of the Insurance Services Offices, Inc.with its permission. Page 1 of 3
Copyright 2013 FCCI Insurance Group.
Insured copy Packet Pg. 1787
H.2.b
3. The particular person or organization, if any, scheduled above.
Such person(s)or organization(s) is an additional insured only with respect to liability for"bodily injury",
"property damage" or"personal and advertising injury" occurring after the execution of the contract or
agreement described in Paragraph 1. above and caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your behalf in the performance of your ongoing operations for
the additional insured; or
3. "Your work" performed for the additional insured and included in the "products-completed operations
hazard" if such coverage is specifically required in the written contract or agreement.
However, the insurance afforded to such additional insured(s) described above:
1. Only applies to the extent permitted by law;
2. Will not be broader than that which you are required by the contract or agreement to provide for such
additional insured;
3. Will not be broader than that which is afforded to you under this policy; and
4. Nothing herein shall extend the term of this policy.
B. The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or
"personal and advertising injury"arising out of the rendering of, or the failure to render, any professional
architectural, engineering or surveying services, including:
1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports,
surveys, field orders, change orders or drawings and specifications; or
2. Supervisory, inspection, architectural or engineering activities.
C. This insurance is excess over any other valid and collectible insurance available to the additional insured
whether on a primary, excess, contingent or any other basis; unless the written contract or agreement
requires that this insurance be primary and non-contributory, in which case this insurance will be primary and
non-contributory relative to insurance on which the additional insured is a Named Insured.
D. With respect to the insurance afforded to these additional insureds, the following is added to Section III—
Limits of Insurance:
The most we will pay on behalf of the additional insured is the amount of insurance:
1. Required by the contract or agreement described in Paragraph A.1.; or
2. Available under the applicable Limits of Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.
E. Section IV—Commercial General Liability Conditions is amended as follows:
The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following
additional conditions applicable to the additional insured:
An additional insured under this endorsement must as soon as practicable:
CGL 084(10 13) Includes copyrighted material of the Insurance Services Offices, Inc.with its permission. Page 2 of 3
Copyright 2013 FCCI Insurance Group.
Insured Copy Packet Pg. 1788
H.2.b
1. Give us written notice of an `occurrence" or an offense which may result in a claim or"suit" under this
insurance, and of any claim or"suit' that does result;
2. Send us copies of all legal papers received in connection with the claim or"suit', cooperate with us in the
investigation or settlement of the claim or defense against the "suit', and otherwise comply with all policy
conditions; and
3. Tender the defense and indemnity of any claim or"suit'to any provider of other insurance which would
cover the additional insured for a loss we cover under this endorsement and agree to make available all
such other insurance. However, this condition does not affect Paragraph C. above.
We have no duty to defend or indemnify an additional insured under this endorsement until we receive from
the additional insured written notice of a claim or"suit'.
F. This endorsement does not apply to any additional insured or project that is specifically identified in any other
additional insured endorsement attached to the Commercial General Liability Coverage Form.
0
0
CJ
m
CJ
CGL 084(10 13) Includes copyrighted material of the Insurance Services Offices, Inc.with its permission. Page 3 of 3
Copyright 2013 FCCI Insurance Group.
Insured Copy Packet Pg. 1789
ET
AC"R" CERTIFICATE OF LIABILITY INSURANCE
15/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI:
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE!
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement of
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME: Certificates/Commercial Lines
Wallace Welch &Willingham, Inc. PHONE FAX
300 1 st Ave. So., 5th Floor vC No EXt: 727-522-7777 A/c,No:727-521-2902
E-MSaint Petersburg FL 33701 ADDRESS: certificates@w3ins.com
INSURER(S)AFFORDING COVERAGE NAIC#
INSURERA: Monroe Guaranty Ins. Co. 32506
INSURED EARTCOR-01 INSURERB: Homeland Ins Co of New York 34452
EarthBalance Corporation
dba Earthbalance INsuRERc:Amerisure Ins.Co. 19488
2570 Commerce Parkway INSURERD: National Trust Ins. Co. 20141
North Port FL 34289 INSURERE:
INSURER F: O
COVERAGES CERTIFICATE NUMBER:1814354483 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI:
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR POLICY EFF POLICY EXP cu
LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD MM/DD LIMITS
A X COMMERCIAL GENERAL LIABILITY Y GL10002827504 8/23/2021 8/23/2022 EACH OCCURRENCE $1,000,000
DA
CLAIMS-MADE OCCUR MAGETORENTED
PREMISES Ea occurrence $300,000
MED EXP(Any one person) $5,000 0)
X XCU Included PERSONAL&ADV INJURY $1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000
POLICY� J ECT1:1 LOC PRODUCTS-COMP/OP AGG $2,000,000
X OTHER: Primary Non Cont $
A AUTOMOBILE LIABILITY Y CA10000408808 8/23/2021 8/23/2022 COMBINED SINGLE LIMIT $1,000,000
Ea accident
X ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
X HIRED X NON-OWNED FIR ER DAMAGE $
AUTOS ONLY AUTOS ONLY Per accident LLJ
$
D X UMBRELLA LAB X UMB10001683605 8/23/2021 8/23/2022 W
OCCUR EACH OCCURRENCE $5,000,000
EXCESS LAB CLAIMS-MADE AGGREGATE $5,000,000
DED X RETENTION$1 n nnn $ 0)
C WORKERS COMPENSATION WC20964660601 4/1/2021 4/1/2022 X
AND EMPLOYERS'LIABILITY Y/N STATUTE ER U.S.L.H
ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000
OFFICER/MEMBER EXCLUDED? N/Acu
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000
B Professional/Pollution Liab 7930075900003 2/18/2021 2/18/2022 Each Claim/Aggregate $2M/$2M
Retro Date 2/18/1997 Deductible 15,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required)
Monroe County BOCC is additional insured with respect to General Liability if required by written contract subject to terms,conditions and exclusions of the O
policy. Monroe County BOCC is additional insured on a primary basis with respect to Auto Liability if required by written contract subject to the terms and
conditions and exclusions of the policy.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II
ACCORDANCE WITH THE POLICY PROVISIONS.
Monroe County BOCC
1100 Simonton Street, Suite 205 AUTHORIZED REPRESENTATIVE
Key West FL 33040
Ft ,
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD
Packet Pg. 1790
Earthbalance Corporation
Policy#CA10000408808 H.2.0
Eff 8/23/21 -8/23/22 COMMERCIAL A
CAU 003(05 19)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AUTO ADVANTAGE COVERAGE ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
NOTE: The following are additions, replacements and amendments to the Business Auto Coverage Form, and
will apply unless excluded by separate endorsement(s)to the Business Auto Coverage Form. U
With respect to coverages provided by this endorsement, the provisions of the Business Auto Coverage Form
apply unless modified by this endorsement.
The Business Auto Coverage Form is amended as follows:
SECTION II—COVERED AUTOS LIABILITY COVERAGE is amended as follows:
A. Paragraph 1.Who Is An Insured in section A. Coverage is amended by the addition of the following:
d. Any legally incorporated subsidiary of yours in which you own more than 50% of the voting stock on the
effective date of this coverage form. However, "insured" does not include any subsidiary that is an
"insured" under any other liability policy or would be an "insured" under such a policy but for its
termination or the exhaustion of its limits of insurance. In order for such subsidiaries to be considered
insured under this policy, you must notify us of such subsidiaries within 60 days of policy effective date.
e. Any organization you newly acquire or form during the policy period, other than a partnership or joint
venture, and over which you maintain sole ownership or a majority interest. However, coverage under this
provision:
1 Does not apply if the organization you acquire or form is an "insured" under another liability policy or _W
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would be an "insured" under such a policy but for its termination or the exhaustion of its limits of
insurance;
(2) Does not apply to "bodily injury" or"property damage"that occurred before you acquired or formed
the organization; and
(3) Is afforded only for the first 90 days after you acquire or form the organization or until the end of the
policy period, whichever comes first.
f. Who Is An Insured is amended to include as an "insured"any person or organization except a person or
organization that leases or rents "auto(s)"to you, but only to the extent of his, her, or its liability for whom
you and such person or organization have agreed in writing in a contract or agreement, signed and executed
by you prior to the loss for which coverage is sought,that such person or organization be added as an
additional "insured"on your policy. Certificates of insurance will not be considered an Agreement to Insure.
Such person or organization is an additional "insured" but only with respect to your negligent actions,
which cause liability to be imposed on such person or organization without fault on the part of said person
or organization.
B. Paragraphs (2) and (4) under section 2. Coverage Extensions, a. Supplementary Payments are deleted
and replaced by the following:
(2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations) required because of an
"accident"we cover. We do not have to furnish these bonds.
(4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to
$350 a day because of time off from work.
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CAU 003(05 19)
SECTION III—PHYSICAL DAMAGE COVERAGE is amended as follows:
A. Paragraph 4. Coverage Extensions under section A. Coverage is deleted and replaced by the following:
4. Coverage Extensions
a. Transportation Expenses
We will pay up to$40 per day to a total maximum of$1,200 for temporary transportation expenses
incurred by you because of the total theft of a covered "auto" of the private passenger type or light trucks
with a gross vehicle weight of less than 10,000 pounds.We will pay only for those covered "autos"for
which you carry either Comprehensive or Specified Causes Of Loss Coverage.We will pay for temporary
transportation expenses incurred during the period beginning 48 hours after the theft and ending,
regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its"loss".
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b. Loss of Use Expenses
For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally
responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental
contract or agreement.We will pay for loss of use expenses if caused by:
(1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for 1`
hired "autos"; 0
(2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Coverage
is provided for hired "autos"; or
(3) Collision only if the Declarations indicate that Collision Coverage is provided for hired "autos".
However, the most we will pay for any expenses for loss of use to any one vehicle is $40 per day, to a
total maximum of$1200.
B. The following is added to paragraph 4. Coverage Extensions under section A. Coverage:
c. Fire Department Service Charge
When a fire department is called to save or protect a covered "auto", its equipment, its contents, or
occupants from a covered cause of loss, we will pay up to $1,000 for your liability for fire department
service charges:
(1) Assumed by contract or agreement prior to loss; or
(2) Required by local ordinance.
No deductible applies to this additional coverage.
d. Auto Loan/Lease Gap Coverage
The following provisions apply:
(1) If a long term leased"auto", under an original lease agreement, is a covered"auto"under this Coverage
Form and the lessor of the covered "auto" is named as an additional"insured" under this policy, in the
event of a total"loss"to the leased covered"auto",we will pay any unpaid amount due on the lease, less <
the amount paid under the Physical Damage Coverage Section of the policy; and less any:
(a) Overdue lease payments at the time of the "loss";
(b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high
mileage;
(c) Security deposits not returned by the lessor;
(d) Costs for extended warranties, Credit Life Insurance, Health Accident or Disability Insurance
purchased with the lease; and
(e) Carry-over balances from previous loans or leases.
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CAU 003(05 19)
(2) If an owned "auto" is a covered "auto" under this Coverage Form and the loss payee of the
covered "auto" is named a loss payee under this policy, in the event of a total loss to the covered
"auto", we will pay any unpaid amount due on the loan, less the amount paid under the Physical
Damage Coverage Section of the policy; and less any;
(a) Overdue loan payments at the time of the "loss";
(b) Costs for extended warranties, Credit Life Insurance, Health Accident or Disability Insurance
purchased with the loan; and
(c) Carry-over balances from previous loans.
C. Section D. Deductible is deleted and replaced by the following:
D. Deductible
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For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property
will be reduced by the applicable deductible shown in the Declarations subject to the following:
Any Comprehensive Coverage deductible shown in the Declarations does not apply to:
(1) "Loss" caused by fire or lightning; and
(2) Glass damage if repaired rather than replaced.
SECTION IV—BUSINESS AUTO CONDITIONS is amended as follows:
A. The following is added to paragraph a. under section A. Loss Conditions, 2. Duties in the Event of T
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Accident, Claim, Suit or Loss:
This duty applies when the "accident", claim, "suit' or"loss" is first known to:
(a) You, if you are an individual;
(b) A partner, if you are a partnership;
(c) An executive officer or insurance manager, if you are a corporation; or �--
(d) A member or manager, if you are a limited liability company. _W
B. The following is added to Condition 2. Concealment, Misrepresentation or Fraud under section B. General U
Conditions:
However, if you unintentionally fail to disclose any hazards at the inception of your policy, we will not deny
coverage under this Coverage Form because of such failure. This provision does not affect our right to collect
additional premium or exercise our right of cancellation or non-renewal.
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POLICY NUMBER: GL10002827504 COMMERCIAL GENERAL LIABILITY
CGL 084 (10 13)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -
AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION
AGREEMENT WITH YOU - ONGOING OPERATIONS AND
PRODUCTS-COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
SCHEDULE (OPTIONAL)
Name of Additional Insured Persons or Organizations
(As required by written contract or agreement per Paragraph A. below.)
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Locations of Covered Operations
(As per the written contract or agreement, provided the location is within the "coverage territory".)
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(Information required to complete this Schedule, if not shown above, will be shown in the Declarations.)
A. Section II—Who Is An Insured is amended to include as an additional insured:
1. Any person or organization for whom you are performing operations when you and such person or
organization have agreed in writing in a contract or agreement in effect during the term of this policy that
such person or organization be added as an additional insured on your policy; and
2. Any other person or organization you are required to add as an additional insured under the contract or
agreement described in Paragraph 1. above; and
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3. The particular person or organization, if any, scheduled above.
Such person(s)or organization(s) is an additional insured only with respect to liability for"bodily injury",
"property damage" or"personal and advertising injury" occurring after the execution of the contract or
agreement described in Paragraph 1. above and caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your behalf in the performance of your ongoing operations for
the additional insured; or
3. "Your work" performed for the additional insured and included in the "products-completed operations
hazard" if such coverage is specifically required in the written contract or agreement.
However, the insurance afforded to such additional insured(s) described above:
1. Only applies to the extent permitted by law;
2. Will not be broader than that which you are required by the contract or agreement to provide for such
additional insured;
3. Will not be broader than that which is afforded to you under this policy; and
4. Nothing herein shall extend the term of this policy.
B. The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or
"personal and advertising injury"arising out of the rendering of, or the failure to render, any professional
architectural, engineering or surveying services, including:
1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports,
surveys, field orders, change orders or drawings and specifications; or
2. Supervisory, inspection, architectural or engineering activities.
C. This insurance is excess over any other valid and collectible insurance available to the additional insured
whether on a primary, excess, contingent or any other basis; unless the written contract or agreement
requires that this insurance be primary and non-contributory, in which case this insurance will be primary and
non-contributory relative to insurance on which the additional insured is a Named Insured.
D. With respect to the insurance afforded to these additional insureds, the following is added to Section III—
Limits of Insurance:
The most we will pay on behalf of the additional insured is the amount of insurance:
1. Required by the contract or agreement described in Paragraph A.1.; or
2. Available under the applicable Limits of Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.
E. Section IV—Commercial General Liability Conditions is amended as follows:
The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following
additional conditions applicable to the additional insured:
An additional insured under this endorsement must as soon as practicable:
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1. Give us written notice of an `occurrence" or an offense which may result in a claim or"suit" under this
insurance, and of any claim or"suit' that does result;
2. Send us copies of all legal papers received in connection with the claim or"suit', cooperate with us in the
investigation or settlement of the claim or defense against the "suit', and otherwise comply with all policy
conditions; and
3. Tender the defense and indemnity of any claim or"suit'to any provider of other insurance which would
cover the additional insured for a loss we cover under this endorsement and agree to make available all
such other insurance. However, this condition does not affect Paragraph C. above.
We have no duty to defend or indemnify an additional insured under this endorsement until we receive from
the additional insured written notice of a claim or"suit'.
F. This endorsement does not apply to any additional insured or project that is specifically identified in any other
additional insured endorsement attached to the Commercial General Liability Coverage Form.
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Copyright 2013 FCCI Insurance Group.
Insured Copy Packet Pg. 1796
REQUEST FOR PROPOSALS —
Removal of Invasive Exotic Plants from Monroe County Conservation Lands —
Maintenance Treatment
SELECTION COMMITTEE
November 9, 2021 Meeting Minutes
The selection committee for Monroe County's RFP "Removal of Invasive Exotic Plants
from Monroe County Conservation Lands —Maintenance Treatment'' met on Tuesday,
November 9, 2021 at 9:30 a.m. at the Harvey Government Center, 1200 Truman Avenue,
Key West, Florida. The following members were present: Beth Bergh, Monroe County
Land Steward; Christine Hurley, Executive Director of the Monroe County Land
Authority; Mark Rosch, Sr. Property Acquisition Specialist of the Monroe County Land
Authority; and Mike Roberts, Sr. Administrator, Monroe County Environmental c
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Resources. No members of the public were in attendance.
The selection committee reviewed the proposed project and score sheet. The budget for
the project is $140,000 (as stated in the RFP). The respondents were required to submit
price proposals as hourly rates for on-site (field) employees. There are no reimbursable
expenses; rates are all-inclusive (travel, administrative costs, etc).
The three responses received included the following prices:
A+Environmental Davey Tree Expert Earthbalance Corporation N
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Restoration CompanyN
Supervisor $152.00 Supervisor$143.96 Supervisor$120.00
Hourly Crew Member$108.00 Crew Member$131.46 Crew Member$85.00 r
Rates
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In accordance with the RFP, the hourly rates were only one of six factors considered by
the selection committee and accounted for 15 points out of a total of 62 possible points
used in the evaluation process.
The committee evaluated each proposal based on the criteria listed in the RFP, which
included: past record and experience of the firm on similar projects; level of staff c
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experience; ability to start immediately and complete project within timeframe; cost per
man hour; familiarity with plant species in the Keys; and project approach. No points for
"Local Preference" were awarded to any of the proposals.
v)
After discussion, each committee member, working independently, scored the four
responses. The final ranking was: 1. Earthbalance Corporation.; 2. A+Environmental
Restoration; and 3. Davey Tree Expert Company.
The selection committee agreed that Earthbalance Corporation should be recommended
to the Monroe County Board of County Commissioners as the selected contractor for this
project. Additionally, the selection committee agreed that if a contract could not be
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negotiated with Earthbalance Corporation then the County should attempt to negotiate a
contract with the next highest ranked respondent, A+Environmental Restoration.
There being no further business, the meeting was adjourned at 10:15 a.m.
Minutes prepared by:
Beth Bergh
Monroe County Land Steward
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