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Item H8 H.8 Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS �� Mayor David Rice,District 4 The Florida Keys � Mayor Pro Tem Craig Cates,District I y Michelle Coldiron,District 2 James K.Scholl,District 3 Ij Holly Merrill Raschein,District 5 County Commission Meeting October 19, 2022 Agenda Item Number: H.8 Agenda Item Summary #11239 BULK ITEM: Yes DEPARTMENT: County Land Acquisition and Land Management TIME APPROXIMATE: STAFF CONTACT: Beth Bergh (305) 289-2511 NA AGENDA ITEM WORDING: Approval of Amendment No. 3 to the Contract between Monroe County and Dot Palm Landscaping, Inc., Adding $60,000 to the Project and Extending the Existing Contract to May 19, 2023, for Removal of Invasive Exotic Plants from County-managed Lands. ITEM BACKGROUND: On January 17, 2018, the Monroe County BOCC ("Monroe County") approved a contract with Dot Palm Landscaping, Inc., for the removal of invasive exotic plant species from Monroe County conservation lands. The work under the original contract was completed in May 2018. However, the contract allows for up to three (3) extensions after the project's completion date depending upon the availability of additional funding from the State. Monroe County has received such additional funds in the amount of$50,000 from the Florida Fish and Wildlife Conservation Commission ("FWC") for this project. An additional $10,000 will be paid out of Fund 160 (Monroe County Land Management and Restoration Fund). This is the third of three potential extensions allowed for under the existing contract. PREVIOUS RELEVANT BOCC ACTION: January 17, 2018 —Approval of contract with Dot Palm Landscaping, Inc. October 17, 2018 —Approval of Amendment No. 1 to the contract with Dot Palm Landscaping, Inc. September 16, 2020 —Approval of Amendment No. 2 to the contract with Dot Palm Landscaping, Inc. August 17, 2022—Approval of Task Assignment FK-179 with FWC which provides County with $50,000 in funding for this year's project. CONTRACT/AGREEMENT CHANGES: Contract Extension until May 2023 STAFF RECOMMENDATION: Approval. Packet Pg. 2357 H.8 DOCUMENTATION: Dot Palm Contract Amendment 10-2022 DOT Palm Contract executed 2018 Dot Palm COI 2022 2022 10 COI Dot Palm signed exp 12 12022 FINANCIAL IMPACT: Effective Date: Upon execution Expiration Date: May 19, 2023 Total Dollar Value of Contract: $60,000 Total Cost to County: $10,000 Current Year Portion: $60,000 Budgeted: Yes Source of Funds: Fund 160 —Monroe Co Environmental 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: $50,000 County Match: $10,000 Insurance Required: Yes Additional Details: 10/19/22 NEW COST CENTER ADDED $50,000.00 FWC - Task Assignment FK-179 10/19/22 160-52002 - ENVIRONMENTAL RESTORATIO $10,000.00 Total: $60,000.00 REVIEWED BY: Christine Hurley Completed 10/05/2022 9:52 AM Peter Morris Completed 10/05/2022 9:59 AM Purchasing Completed 10/05/2022 10:06 AM Budget and Finance Completed 10/05/2022 10:36 AM Risk Management Completed 10/05/2022 2:50 PM Lindsey Ballard Pending Board of County Commissioners Pending 10/19/2022 9:00 AM Packet Pg. 2358 H.8.a AMENDMENT NO. 3 TO CONTRACT BETWEEN DOT PALM LANDSCAPING, INC. AND MONROE COUNTY, FLORIDA THIS THIRD AMENDMENT TO CONTRACT is made and entered into this 19th day of October 2022, between Monroe County Board of County Commissioners (hereinafter "COUNTY" or"BOCC") and Dot Palm Landscaping, Inc. (hereinafter "CONTRACTOR"). WITNESSETH: E WHEREAS, the COUNTY and CONTRACTOR (hereinafter "Parties") entered into a Contract (hereinafter "Contract") on January 17, 2018, for the removal of invasive exotic plant species from Monroe County conservation lands; and c� WHEREAS, the Parties mutually agree that the scope of work under said Contract was completed on May 15, 2018; and U 0 WHEREAS, Section 37 of said Contract authorizes the extension of services by the mutual consent of the undersigned parties and upon the same terms of said Contract for three (3) additional, Z future funding cycles, whether for a greater or smaller sum, and using a different completion date, contingent upon the County's receipt of funds specifically for the purposes set forth herein; and E WHEREAS, the Parties entered into Contract Amendment No. 1 on October 17, 2018 and the Parties mutually agree that the scope of work under said Contract Amendment was completed 0 on May 17, 2019; and 0 WHEREAS, the Parties entered into Contract Amendment No. 2 on September 16, 2020 and the Parties mutually agree that the scope of work under said Contract Amendment was completed on May 14, 2 02 1; and N WHEREAS, the County has received an additional $50,000 in funding for FY 2022-2023 from the State's Florida Fish and Wildlife Conservation Commission's Invasive Plant Management Section for the removal of invasive exotic plants from Monroe County conservation lands; and WHEREAS, in addition to the aforesaid $50,000 the County has received in State funding, E the County is contributing an additional $10,000 to this project from the Monroe County CU Environmental Land Management and Restoration Fund; and 0 WHEREAS, this Amendment No. 3 to Contract(hereinafter "Contract Extension") is the U third of three extensions authorized under Section 37 of said Contract. NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained herein a the parties agree as follows: E 1. The recitals contained herein are true and correct and are hereby incorporated as if fully stated herein. 2. The original Contract between the parties is attached to this Contract Extension and made a part of it as if fully stated herein. 1 Packet Pg. 2359 H.8.a 3. The parties mutually consent to exercise the original Contract's Section 37 provision authorizing the extension of services upon the same terms of the original agreement for an additional future funding cycle using a different completion date, based upon the County's receipt of funds specifically for the purposes set forth herein. 4. Exhibit"A" (hereinafter "Scope of Services") to the original Contract is hereby amended to reflect completion of the project work upon the reaching of the maximum amount of $60,000.00, or upon the date of May 19, 2023, whichever occurs first. 5. Section 4.1 of said original Contract is hereby amended as follows: 0 The maximum compensation available to the CONTRACTOR under this agreement is $60,000.00. The COUNTY agrees to pay the CONTRACTOR based on completion of work within the Scope of Services corresponding as Exhibit "A"to this Contract Extension, 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 U kill rate requirements established in the said work under said Scope of Services are satisfied. ° Because said work under said Scope of Services must be completed by Mav 19, 2023, compensation shall be only for the amount of work completed, regardless of the cause of any delay. 6. Section 37 of said original Contract is hereby amended as follows: E The work under this Contract is to be completed by Mky 19, 2023, or upon reaching the 0 maximum amount of$6,0,000. After May 12023, this Contract may not be extended. 0 7. All of the other terms, covenants, conditions, and provisions of said original Contract dated January 17, 2018, except those expressly modified and rendered inconsistent by this Contract Amendment, remain in full force and effect and binding upon the Parties. c� E REMAINDER OF PAGE INTENTIONALLY LEFT BLANK E SIGNATURE PAGE TO FOLLOW 0 U E M CL E c� 2 Packet Pg. 2360 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day of.............Q,pi-eA j 2022. 1 (SEAL) ATTEST: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA OF MONROE COUNTY, FLORIDA E M (L By ........................................... .......... 0 Deputy Clerk Mayor David Rice MONROE COU ATTORNEY APPROVEWS TO FORM . P6A ' 'M 0A"R1iS-"-- (CORPORATE SEAL) ASSISTANT COUNTY ATTORNEY Date: 10/5/22 0 U ATTEST- DOT PALM LANDSCAPING, INC. 0 M Z777E7t y 6 z By ............................... First Mess Signature E Print Nain, First Witness rinsed Name E 4- 0 -ra By Title: > 0 Second Witnel-NW41nature CL CL (terolp Second Witness Printed Name CN Q CN STATE OF COUNTY OF MOLA YQ P E On this Iq IU day of 1— 2022, before me the person whose name is E subscribed above, and who produced F-L- DL,- as identification, acknowledged cu that he/she is the person who executed the above Contract for the purposes therein contained and 0 U did swear an oath E 0 JOANNA REIS E&�TNotjty Poblic,State Of Ffixida Notary Public Gornrflissiorj#GG 93021 M�Wnj�v qxp�res Nov,a0avlrak -eA S, MY WnUv�90ras N 7,?023 E Print Name My commission expires: —Ik-� -t-X�3 Seal.... ....................... 3 Packet Pg. 2361 H.8.a EXHIBIT A To Amendment Dated October 19, 2022 SCOPE OF SERVICES REMOVAL OF INVASIVE EXOTIC PLANTS FROM MONROE COUNTY CONSERVATION LANDS—INITIAL TREATMENT cis PROJECT HISTORY Monroe County currently owns or manages approximately 2,000 acres of conservation lands throughout the Keys. Monroe County has received funding from the Florida Fish& Wildlife Conservation Commission, Invasive Plant Management Section, in the amount of$50,000 for contract labor for the removal of invasive exotic plants on parcels selected by the Monroe County Land Steward. In addition,the County is providing a local match of$10,000, bringing the total funding available for the project to$ (1 . Work must be completed by May 19. 2023. PROJECT LOCATION 0 0 Lands in this project area consist of public conservation lands located throughout the Florida Keys either cn owned or managed by Monroe County. Monroe County owns approximately 2,000 acres of scattered d conservation lands throughout the Florida Keys. This project will target sites that have not yet been treated in the, Lower Kos(initial treatment). Most individual parcels are only 0.1 acres in size, but many are contiguous and combine to form larger units, The majority of the sites are located in neighborhoods, adjacent to residences and roads. Work in neighborhoods will require special considerations for safety, noise, and appearance of property. Level of - infestation varies by site, ranging from sparse exotics to dense stands of Brazilian pepper or large Australian 76 pines. 0 There are no plans or maps for the project area. The selected contractor will be given a list of parcels and < aerial maps of the work sites. N N SCOPE OF WORK N Contractor" must corri l with all provisions of Florida Fish & Wildlife Conservation Commission ._ p E `1"ask i nrrr+�r�rt 1~l�.-1"�� attached a l�xhilait.T�, Failure to corn 1 with said rov��;rra�°rs constitutes � reason for contract cancellation and dismissal of the Contractor. E The project consists of the physical removal of all Category I and II Florida Exotic Pest Plant Council CU (FLEPPC) listed species occurring on selected Monroe County conservation lands, followed by herbicide application and chipping of all resulting biomass(except as described below for bowstring hemp, cactus 0 species, and leadtree seeds). The contractor will manage the project including the scheduling, subcontracting U as necessary, labor, monitoring and reporting progress. The County will supply locations and maps of project CU sites. The success of the project depends on the thoroughness of the invasive exotic removal. Work must be , performed during normal work hours(between 8 am and 5 pm), Monday through Friday. No work may a occur on weekends or on holidays observed by Monroe County. The County conservation lands contain a wide variety of exotics ranging from grasses to large trees. Different areas of the Keys have different species of concern, but Brazilian pepper,Australian pine, Asiatic colubrina, lead tree, seaside mahoe, non-native scaevola, and bowstring hemp are the most abundant. Most of the sites include a mixture of native vegetation and invasive exotic vegetation. The native vegetation must not be disturbed during the invasive exotic removal. The majority of the sites will be located in uplands, but a few may be adjacent to wetlands(including mangroves). Heavy equipment may not be used in wetlands 4 Packet Pg. 2362 H.8.a and mulch may not be placed in wetlands. Most sites are within neighborhoods and are easily accessed from adjacent roads. Contractor must be experienced in working close to houses and other structures. Every invasive exotic species listed by Florida EPPC will be either hand-pulled or cut down and treated with CL appropriate herbicide. Exotic vegetation must be removed and cannot be left standing(including Australian pines). A"Gyro-trac"or similar forestry machine may not be used for this project. Work may require a U) bucket truck. Every effort shall be made to avoid damage to native vegetation and wildlife. The Contractor is responsible for the initial herbicide treatment and removal of all the specified exotic species. M Each cut plant will be cut as low to the ground as possible. Cuts will be made level to the ground to minimize herbicide runoff prior to absorption. The herbicide will be applied using a low-pressure spray to 0 minimize drift and non-target damage. A dye shall be used to facilitate identification of treated stems. An appropriate herbicide shall be applied within one(1)minute of stump preparation. c� Invasive exotic plant species shall be treated with herbicide as follows(any modifications or substitutions must be pre-approved by the County's Land Steward): t0 m....... .. .,-. ..... _, _ ,,,,... 0 Asiatic colubrina 50/° ent Method Tar et S ecies Tre atm� �...... . ... ....._. m. ......... cn Garlon 3A applied to cut surface immediately after cut or d colubrina asiatica) 20% Garlon 4� lied d to stump's cut surface and sides __ .�... _ _... Australian p' applied to cut surface immediately after cut or (Casuarinapine s ) 20% Garlon 4 Ipplied to stump's cut surface and sides E Beach naupaka 50% Garlon 3A applied to cut surface immediately after cut or (Scaevo a se_ricea) 10% Garlon 4 applied to stump's cut surface and sides E i Brazlian pe pper pper 50% Garlon 3A applied to cut surface immediately after cut or � (Schinus terebinthifolius) 20% Garlon 4 alal lied to stump's cut surface and sides m ._._._. 76 Lead tree 30% Garlon 4 applied to stump's cut surface and sides Leucaena Seaside mahoeocephala) 50% Garlon 3A applied to cut l _._._._. ...._. surface immediately upon cutting (Thespesza poulnea _ N All mature(brown) lead tree(Leucaena leucocephala)seeds will be bagged and left on the site for disposal N by the County. Cactus species must be physically removed. Bowstring hemp(Sansevieria hyacinthoides) must be physically removed, ensuring that the entire root has been removed. Resulting plant material may either be bagged or neatly piled on site(adjacent to the road)for County pick up. All other vegetative debris will be chipped in place. On sites where the mulch is to be removed, as determined by the Monroe County Land Steward,the mulch will be neatly piled by the road for pickup by Monroe County Solid Waste. On E sites where the mulch is to remain,the mulch must be spread neatly across the site without covering remaining native vegetation. Logs that are too large for the chipper must be cut into 4 ft lengths and neatly CU stacked by the road for pickup by Monroe County Solid Waste. U In summary, vegetative debris resulting from the exotic removal work will be disposed of in one of the CU following ways(as determined by the County Land Steward): l. Chipped by the contractor and spread evenly across the site; or 0 2. Chipped and 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. Chipped and piled on the site by the contractor and removed from the site by the County(if Land Steward determines that on-site disposal is not an option); or 4. Sections of tree trunk that are too large for the chipper may be cut into four foot lengths and piled on site by the Contractor for eventual disposal by the County. The Contractor will not be required to transport or pay for the disposal of any vegetative waste created by the project, unless they keep the mulch for their own purposes. 5 Packet Pg. 2363 H.8.a The Contractor will provide all necessary equipment to complete the project including hand tools, chainsaws, chippers,vehicles,bucket truck, sprayers, garbage bags and personal protective equipment. The Contractor will also provide all materials for treatment(including herbicide and adjuvants)and ensure proper disposal of herbicide and adjuvant containers and will strictly adhere to all herbicide label application, precautionary, �s and safety statements. CL c� The Contractor shall be paid according to the hourly rates established in the contract for each type of a on-site employee. No compensation shall be paid for travel time to and from the work site. There are no reimbursable expenses. The project is complete when the total cost per hour reaches $60 000or on May tom,whichever occurs first. 76 All herbicide treatments shall be at least 95% effective in preventing re-sprout of treated plants. If 95%kill rate is not achieved for any area of the project after two(2)months past initial project completion; one additional treatment of the exotic plants in the problem area shall be the responsibility of the Contractor at no additional cost to the County. The Contractor shall at all times provide an on-site ground crew supervisor that is certified by the Florida 0 U Department of Agricultural and Consumer Services and in good standing with that Department, as part of the 0 work force. Ground crew supervisors will be responsible for : 1)coordination with the Monroe County Land M Steward on a daily/weekly basis; 2)all control activities and safety on project sites; 3)assuring that all d crews are knowledgeable of, and remain within property and treatment boundaries; 4)assuring appropriate , herbicide labels and Material Safety Data Sheets(MSDS)are on site; 5)avoiding damage to native vegetation and wildlife; and 6) strict adherence to all herbicide label application, precautionary, and safety statements. Ground crew supervisors shall be certified by the Florida Department of Agriculture and Consumer Services in the Natural Areas category. The County reserves the right to disqualify prospective bidders who have violations of the Rules of Chapter 62C-20, F.A.C., or other state or federal laws or regulations related to - pesticide use or aquatic plant control resolved by mediation, Consent Order, or fine within the two(2) previous years. 0 Crew supervisors must meet with County staff on a regular basis to discuss the progress of the project and to < determine priority areas for treatment. The contractor shall complete "Daily Progress Reports for Invasive N Plant Control" and submit the completed forms to the County every two weeks. The Monroe County Land N Steward will obtain a permit for the proposed exotic removal work, however the Contractor is required to keep the permit with the crew while working on-site. The contractor must hold a valid Monroe County business tax receipt. ai l-a--Meff -4` lu I arlir ialty-�, apftholdsa l an f".tyep effiployS ari #pus + Additional plant treatment or removal and nonplant debris removal may be added to the project by mutual 0 agreement as field conditions warrant and funds permit. Such agreements for additional work shall be made U in writing and agreed to by signature of both parties. CU According to the County's formal agreement with Florida Fish& Wildlife Conservation Commission, 0 contractors working on invasive exotic removal projects must adhere to the following protocol: ; • Mandatory decontamination protocols must be followed for vehicles and equipment prior to entering Monroe County from areas outside of the County. CU • 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. 6 Packet Pg. 2364 H.8.a • If decontamination is required by the County then the contractor must utilize a designated decontamination site within Monroe County. The County shall supply the contractor with a list of designated decontamination sites if necessary. Decontamination protocols: CL • All equipment including but not limited to vehicles,trailer, ATV's, and chippers must be cleaned with a pressure washer(at a County approved facility). Decontamination protocols include spraying down all U) 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 an invasive species removal project,the contractor and the County Land Steward shall discuss the necessity for a decontamination plan. If the County requires a plan,then the Contractor shall submit a brief decontamination plan, in writing,to the County for approval. The t0 decontamination plan shall identity specific decontamination procedures and decontamination sites. 0 Decontamination protocols may vary depending upon the nature of the treatment site,type of treatment conducted at the site, and the exotic species that were treated. d Failure to comply with decontamination protocols constitutes reason for contract cancellation and dismissal of the contractor. While notice to proceed will be issued as soon as possible after the contract is final,the project timeframe may be adjusted depending on seasonal conditions. All work must be completed by l'ay '<I9,2023. 4- 0 76 Requirement to Use E-Verify. The Contractor must: (1) utilize the US Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during thet. term of the Contract; and, (2) include in all subcontracts under this Contract,the requirement that CL subcontractors performing work or providing services pursuant to this Contract utilize the E-verify system to N verify the employment eligibility of all new employees hired by the subcontractor during the term of the N subcontract. N V- E E c� CU 0 U E CU 0 E c� 7 Packet Pg. 2365 CL U) E m CL 0 0 u 0 cn 6 z E E 4- 0 0 CL CL CN CN CD CN CD E E u m a 0 u E m CL 0 a 4i E Packet Pg. 2366 �4 Kevin Madok, CPA Clerk of the Circuit Court& Comptroller— Monroe Count p Y, Florida CL DATE: January 25, 2018 U) TO: Beth Bergh Planning & Environmental Resources 0 Jaclyn Carnago County Attorney's Office c� FROM: Pamela Hancock, D.C. 0 SUBJECT: January 17th BOCC Meeting 0 Attached is an electronic copy of Item I2, Contract with DOT Palm Landscaping, Inc. in z the amount of$85,000.00 for the removal of invasive exotic plants from Monroe County conservation lands—Initial Treatment, for your handling. Should you have any questions, please feel free to contact me at extension 3130. 4- 0 0 00 - N c� X cc: County Attorney Finance File 0 U E M CL c� KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plan 305-294-4641 305-289-6027 305-852-7145 305- Packet Pg. 2367 H.8.b MONROE COUNTY CONTRACT FOR PROFESSIONAL SERVICES PROFESSIONAL SERVICES FOR THE REMOVAL OF INVASIVE EXOTIC PLANT SPECIES FROM MONROE COUNTY CONSERVATION LANDS—INITIAL TREATMENT 0. c� THIS CONTRACT is made and entered into this 17th day of January_2018 , by MONROE a COUNTY("COUNTY"), a political subdivision of the State of Florida, whose address is the Marathon Government Center, 2798 Overseas Highway,Marathon,Florida, 33050, and DOT PALM E LANDSCAPING, INC. ("CONTRACTOR"),whose address is 5200 Overseas Highway; Marathon, Florida,33050. Section 1. SCOPE OF SERVICES The CONTRACTOR shall do,perform and carry out in a professional and proper manner certain duties as described in the Scope of Services—Exhibit A—which is attached hereto and made a part of this agreement. U 0 Section 2. COUNTY'S RESPONSIBILITIES cis d 2.1 Provide all best available data and base maps as to the COUNTY'S requirements for Work Assignments. Designate in writing a person("Project Manager")with authority to act on the COUNTY'S behalf on all matters concerning the Work Assignment. 2.2 Furnish to the CONTRACTOR all existing plans, studies,reports, and other available data pertinent to the work, and obtain or provide additional reports and data as required by the CONTRACTOR. The CONTRACTOR shall be entitled to use and rely upon such information - and services provided by the 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 CL CL 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 00 shall it provide a basis for termination of the contract. In the event that such access is so obstructed, CONTRACTOR and COUNTY shall work together to resolve the difficulty in a timely manner. 2.4 Perform such other functions as are indicated in Exhibit A. 2.5 Provide a schedule that is mutually agreeable to the COUNTY and CONTRACTOR. c� CU Section 3. TIME OF COMPLETION 0 The services to be rendered by the CONTRACTOR shall be commenced upon written notice from the U COUNTY and the work,shall be completed in accordance with the schedule mutually agreed to by the CU COUNTY and CONTRACTOR,unless it shall be modified in a signed document, by the mutual consent of the COUNTY and CONTRACTOR. Subsequent services shall be performed in accordance with schedules of performance which shall be mutually agreed to by COUNTY and CONTRACTOR. .. c� Packet Pg. 2368 H.8.b Section 4. COMPENSATION 4.1 The maximum compensation available to the CONTRACTOR under this agreement is $85,000.00. The COUNTY agrees to pay the CONTRACTOR based on completion of work within the Scope of Service according to progress reports and other documentation to show the C hours expended by each of the CONTRACTOR'S on-site staff. There will be a 5% retainage by COUNTY until the kill rate requirements established in the Scope of Services are satisfied. Because the work must be completed by May 18, 2018, compensation shall be only for the amount of work completed,regardless of the cause of any delay. E 4.2 The hourly billing rates of the CONTRACTOR for on-site personnel, expected to include all costs including administrative costs,travel, and equipment,used in calculating the compensation due are: Position Hourly Rate in Dollars Certified Crew Supervisor $70.00 Trained Crew Member $60.00 U Bobcat Operator $175.00 0 0 Section 5. PAYMENT TO CONTRACTOR o 5.1 Payment will be made according to the Local Government Prompt Payment Act. Any request for payment must be in a form satisfactory to the County Clerk(Clerk). The request must describe in detail the services performed and the payment amount requested. The CONTRACTOR must submit to the COUNTY Project Manager, who will review the request. The Project Manager < shall note his/her approval on the request and forward it to the Clerk for payment. If request for o payment is not approved, the Project Manager must inform the CONTRACTOR in writing that > 0 must include an explanation of the deficiency that caused the disapproval of the request. 5.2 CONTRACTOR shall submit invoices with progress report of activities on a weekly or otherwise 00 0 regular basis until the work under this agreement is completed. 5.3 Continuation of this contract is contingent upon annual appropriation by Monroe County. X Section 6. CONTRACT TERMINATION c� Either party may terminate this contract because of the failure of the other party to perform its obligations under the Contract. COUNTY may terminate this contract for any reason upon fifteen (15) days notice to U the CONTRACTOR. COUNTY shall pay CONTRACTOR for work performed through the date of CU termination. Section 7. AUTHORIZATION OF WORK ASSIGNMENTS 7.1 All work assignments beyond or in addition to EXHIBIT "A" shall be authorized in a signed document (Work Order) in accordance with the COUNTY's policy prior to any work being conducted by the CONTRACTOR. 7.2 Additional authorizations may contain additional instructions or provisions specific to the Packet Pg. 2369 . H.8.b 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. CL 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 U) or subsequent Work Assignment without the written consent of the COUNTY, except to the extent that any assignment, subletting, or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written CL consent to.any assignment, no assignment will release or discharge the assignor from any duty or responsibility under this agreement. Section S. 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 U signed receipt,to the addresses as follows: 0 M To the COUNTY: Beth Bergh, Land Steward d Monroe County Planning&Environmental Resources , 2798 Overseas Highway, Suite 410 Marathon,Florida 33050 Roman Gastesi, County Administrator E 1100 Simonton Street, Suite 205 Key West,Florida 33040 CU CL CL To the CONTRACTOR: John Harrison, Owner Dot Palm Landscaping, Inc. 00 5200 Overseas Highway Marathon,Florida 33050 N or addressed to either party at such other addresses as such party shall hereinafter furnish to the other party in writing. Each such notice, request, or authorization shall be deemed to have been duly given when so delivered, or, if mailed,when deposited in the mails,registered, postage paid. CU Section 9. RECORDS U CU CONTRACTOR shall maintain all books,records, and documents directly pertinent to performance under 0- this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the agreement and for four years following the termination of this Agreement. If an auditor employed by the �E 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. Packet Pg. 2370 H.8.b 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 S 0. 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 U) 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, E commission,percentage, gift, or consideration paid to the former County officer or employee. CL Section 11. CONVICTED VENDOR A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not perform work as a CONTRACTOR, supplier, subcontractor, or t0 CONTRACTOR under contract with any public entity, and may not transact business with any public 0 entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for the Category two for a period of 36 months from the date of being placed on the convicted vendor list. d 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. 4- 0 76 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 CL appropriate court or before the appropriate administrative body in Monroe County,Florida. CL 00 Section 13. SEVERABILITY cN If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be CU valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the U accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to E reform the Agreement to replace any stricken provision with a valid provision that comes as close as CU possible to the intent of the stricken provision. c� Packet Pg. 2371 H.8.b 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, CL and out-of-pocket \expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe E County. This Agreement is not subject to arbitration. 0 Section 15. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. Section 16. AUTHORITY U 0 Each parry represents and warrants to the other that the execution, delivery and performance of this cn Agreement have been duly authorized by all necessary County and corporate action, as required by law. d Section 17. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 15 days after the first meet and confer session, the issue or issues shall be - discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still notCU 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. CL CL Section 18. COOPERATION 00 0 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 CU required to enter into any arbitration proceedings related to this Agreement. a 0 Section 19. NONDISCRIMINATION U M COUNTY and CONTRACTOR agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred,this Agreement automatically terminates without any further action on the part of any party, .. effective the date of the court order. COUNTY or CONTRACTOR agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but E are not limited to: Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which Packet Pg. 2372 H.8.b prohibits discrimination on the basis of age; The Drug Abuse Office and Treatment Act of 1972 (PL 92- 255), as amended, relating to nondiscrimination on the basis of drug abuse; The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 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 CL alcohol and drug abuse patent records; Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to,or the subject matter of,this Agreement. 0 Section 20. REQUIREMENT TO USE E-VERIFY 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 term of this Contract; and, (2) include in all subcontracts under this Contract, the requirement that subcontractors performing work or providing services pursuant to this Contract utilize the E-Verify system to verify the U employment eligibility of all new employees hired by the subcontractor during the term of the 0 subcontract. d The Department of Homeland Security's E-Verify system can be found on-line at www.uscis. og v/e- verify. The CONTRACTOR agrees to enroll in the E-Verify system prior to hiring any new employee after the effective date of this Contract. CONTRACTOR further agrees to maintain records of its participation and compliance with the provisions of the E-Verify program, including participation by its subcontractors as provided above, and to make such records available to the COUNTY. This includes maintaining a copy of proof of CONTRACTOR's and subcontractor's enrollment in the program. - Compliance with the terms of this provision is made an express condition of this Contract and the COUNTY may treat a failure to comply as a material breach of the Contract. CL CL Section 21. COVENANT OF NO INTEREST 00 0 T- N 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. X Section 22. CODE OF ETHICS CU COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply t0 with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida E Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's CU agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Section 23. NO SOLICITATION/PAYMENT E 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 firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the Packet Pg. 2373 H.8.b 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 c� U) Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all public records laws of the State of Florida, including but not limited to: (a) Keep and maintain public records that ordinarily and necessarily would be required by Monroe County in order to perform the service. (b) Provide the public with access to public records on the terms and conditions that Monroe County would provide the records and at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost,to Monroe County all public records in possession of the contractor upon termination of the contract and destroy any duplicate U public records that are exempt or confidential and exempt from public records disclosure requirements. 0 All records stored electronically must be provided to Monroe County in a format that is compatible with M the information technology systems of Monroe County. 6 (e)The county shall have the right to unilaterally cancel this Agreement upon violation of the provision by contractor. E Section 25. NON-WAIVER OF EMAWNITY 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 0 deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the CL COUNTY be required to contain any provision for waiver. < 00 Section 26. PRIVILEGES AND IMMUNITIES CN 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 CU 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. t0 E 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 a entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. Packet Pg. 2374 H.8.b Section 28. NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor 0. the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform, U U) counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to,or superior to the community in general or for the purposes contemplated in this Agreement. Section 29. ATTESTATIONS 0 CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement,and a Drug-Free Workplace Statement. c� Section 30. NO PERSONAL LIABILITY U No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any 0 member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, M officer,agent or employee of Monroe County shall be liable personally on this Agreement or be subject to d any personal liability or accountability by reason of the execution of this Agreement. Section 31. EXECUTION IN COUNTERPARTS E This Agreement may be executed in any number of counterparts, each of which shall be regarded as an E original, all of which taken together shall constitute one and the same instrument and any of the parties - hereto may execute this Agreement by signing any such counterpart. 0 Section 32. SECTION HEADINGS CL CL Section headings have been inserted in this Agreement as a matter of convenience of reference only, and 00 0 it is agreed that such section headings are not a part of this Agreement and will not be used in the cN interpretation of any provision of this Agreement. Section 33. INSURANCE POLICIES X 33.1 General Insurance Requirements for Contractors and Subcontractors CU As a pre-requisite of the work governed, or the goods supplied under this contract (including the pre- t0 staging of personnel and material),the CONTRACTOR shall obtain, at his/her own expense, insurance as E specified in any attached schedules, which are made part of this contract. The CONTRACTOR will CU ensure that the insurance obtained will extend protection to all Subcontractors engaged by the CL 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- �E staging of personnel and material)until satisfactory evidence of the required insurance has been furnished CU 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 failure to perform assessments shall be imposed as if the Packet Pg. 2375 H.8.b work commenced on the specified date and time, except for the CONTRACTOR's failure to provide satisfactory evidence. The CONTRACTOR shall maintain the required insurance throughout the entire teen of this contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in CL the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the CONTRACTOR to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the CONTRACTOR's failure to maintain the required insurance. - 0 The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required insurance, either: • Certificate of Insurance 0 or U 0 • A Certified copy of the actual insurance policy. d The County, at its sole option,has the right to request a certified copy of any or all insurance policies required by this contract. E 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 E County by the insurer. 4- 0 The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the 76 Contractor from any liability or obligation assumed under this contract or imposed by law. CL CL The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers'Compensation. 00 N 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 minimum: CU • Premises Operations o U • Bodily Injury Liability E • Expanded Definition of Property Damage CU 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 $ 50,000 Property Damage Packet Pg. 2376 H.8.b 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. CL c� The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 33.3 VEHICLE LIABILITY INSURANCE REQUIREMENTS 0 Recognizing that the work governed by this contract requires the use of vehicles, the CONTRACTOR, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: c� • Owned,Non-Owned, and Hired Vehicles U The minimum limits acceptable shall be: 0 M $300,000 Combined Single Limit(CSL) d If split limits are provided,the minimum limits acceptable shall be: $200,000 per Person $300,000 per Occurrence E $ 50,000 Property Damage - The Monroe County Board of County Commissioners shall be named as Additional Insured on all 0 policies issued to satisfy the above requirements. 33.4 WORKERS' COMPENSATION INSURANCE REQUIREMENTS 00 0 Prior to commencement of work governed by this contract, the CONTRACTOR shall obtain Workers' N Compensation Insurance with limits sufficient to respond to the applicable state statutes. c� In addition,the CONTRACTOR shall obtain Employers' Liability Insurance with limits of not less than: CU c� $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease,policy limits t0 $100,000 Bodily Injury by Disease, each employee E CU Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. E 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. Packet Pg. 2377 H.8.b If the CONTRACTOR participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONTRACTOR may be required to submit updated financial statements from the find upon request from the County. CL Section 34. INDEMNIFICATION U) Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the Contractor covenants and agrees that he shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other 0 proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors in any tier or other invitees during the term of this Agreement, (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 U under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or negligent acts in part or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than 6 CONTRACTOR). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. E In the event the completion of the project(including the work of others) is delayed or suspended as a E result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall 0 indemnify the County from any and all increased expenses resulting from such delay. 76 0 The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided CL for above. < 00 The extent of liability is in no way limited to, reduced, or lessened by the insurance requirementsCN contained elsewhere within this agreement. Section 35. INDEPENDENT CONTRACTOR At all times and for all purposes hereunder, the CONTRACTOR is an independent contractor and not anCU 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 0 U be employees of the Board of County Commissioners for Monroe County. As an independent contractor E the CONTRACTOR shall provide independent, professional judgment and comply with all federal, state, CU and local statutes, ordinances,rules and regulations applicable to the services to be provided. The CONTRACTOR shall be responsible for the completeness and accuracy of its work, plan, supporting data, and other documents prepared or compiled under its obligation for this project, and shall correct at its own expense all significant errors or omissions therein which may be disclosed. The cost of the work necessary to correct those errors attributable to the CONTRACTOR and any damage incurred by the COUNTY as a result of additional costs caused by such errors shall be chargeable to the CONTRACTOR. This provision shall not apply to any maps, official records, contracts, or other data that may be provided by the COUNTY or other public or semi-public agencies. Packet Pg. 2378 H.8.b 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 contract. If possible, such delays or hindrances, if any, shall be compensated for by the COUNTY by an 0. extension of time for a reasonable period for the CONTRACTOR to complete the work schedule. Such an agreement shall be made between the parties based on funding availability. Section 37.TERMINATION OF WORK AND EXTENSION The work under this Contract is to be completed by May 15, 2018 or upon reaching the amount of $85,000. After May 15, 2018, this Contract may be extended by mutual consent upon the same terms for three (3) additional, future funding cycles, whether for a greater or smaller sum, and using a different completion date, contingent upon County's receipt of funds specifically for the purposes set forth herein. c� 0 U 0 d E E 4- 0 0 CL CL 00 c� X c� CU 0 U E E c� Packet Pg. 2379 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the 17 - day o 20 g. BOARD OF COUNTY COMMISSIONERS C, Attest �KEVhN MADOK, CLERK COUNTY,FLORIDA By_ 0 Deputy Clerk Mayor DaK Rice c� (CORPORATE SEAL) 0 U DOT PALM LANDSCAPING, INC. 0 ATTEST: M d By First �hnn ss Signaturea�n, President E �J IV l Date,,/-Z 72 0 Fi*Witness Printed me 0 CL By M0NR0E COUNTY ATTORNEY CL PROVED AS TO FORM S Non&Witness Signature 00 G��— Date: cN T I—r- ` Second Witness Printed Name c` r l -�- c State of Florida CD cti County of Monroe _ ?c r n c) 0 Before me, the undersigned authority,personally appeared 12. (LP1 'r _ - C E who is pers y kno �toe, or has produced as identifica n. Sworn and subscribed to me this day of -2017. E c� CCD Typed Notary Name and Number Lary Signature and Seal Packet Pg. 2380 . H.8.b EXHIBIT A SCOPE OF SERVICES REMOVAL OF INVASIVE EXOTIC PLANTS FROM MONROE COUNTY CONSERVATION LANDS—INITIAL TREATMENT PROJECT HISTORY Monroe County currently owns or manages approximately 2,000 acres of conservation lands throughout the Keys. Monroe County has received funding from the Florida Fish& Wildlife Conservation Commission,Invasive Plant Management Section, in the amount of$70,000 for contract labor for the removal of invasive exotic plants on parcels selected by the Monroe County Land Steward. In addition, the County is providing a local match of$15,000,bringing the total funding available for the project to $85,000. Work must be completed by May 18,2018. PROJECT LOCATION U 0 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 d conservation lands throughout the Florida Keys. This project will target sites that have not yet been treated on Big Pine Key(initial treatment). E Most individual parcels are only 0.1 acres in size, but many are contiguous and combine to form larger units. The majority of the sites are located in neighborhoods, adjacent to residences and roads. Work in E neighborhoods will require special considerations for safety,noise, and appearance of property. Level of infestation varies by site, ranging from sparse exotics to dense stands of Brazilian pepper or large M Australian pines. L_ CL CL There are no plans or maps for the project area. The selected contractor will be given a list of parcels and aerial maps of the work sites. 00 SCOPE OF WORK N The project consists of the physical removal of all Category I and 1I Florida Exotic Pest Plant Council (FLEPPC) listed species occurring on selected Monroe County conservation lands, followed by herbicide application and chipping of all resulting biomass (except as described below for bowstring hemp, cactus species, and leadtree seeds). The contractor will manage the project including the scheduling, subcontracting as necessary, labor,monitoring and reporting progress. The County will supply locations t0 and maps of project sites. The success of the project depends on the thoroughness of the invasive exotic removal. Work must be performed during normal work hours (between 8 am and 5 pm),Monday through E CU Friday. No work may occur on weekends or on holidays observed by Monroe County. The County conservation lands contain a wide variety of exotics ranging from grasses to large trees. Different areas of the Keys have different species of concern, but Brazilian pepper,Australian pine, Asiatic colubrina, lead tree, seaside mahoe,non-native scaevola, and bowstring hemp are the most E abundant. Most of the sites include a mixture of native vegetation and invasive exotic vegetation. The native vegetation must not be disturbed during the invasive exotic removal. The majority of the sites will be located in uplands, but a few may be adjacent to wetlands(including mangroves). Heavy equipment may not be used in wetlands and mulch may not be placed in wetlands. Packet Pg. 2381 H.8.b Most sites are within neighborhoods and are easily accessed from adjacent roads. Contractor must be experienced in working close to houses and other structures. Every invasive exotic species listed by Florida EPPC will be either hand-pulled or cut down and treated with appropriate herbicide. Exotic vegetation must be removed and cannot be left standing(including C Australian pines). A"Gyro-trac"or similar forestry machine may not be used for this project. Work may require a bucket truck. Every effort shall be made to avoid damage to native vegetation and wildlife. The Contractor is responsible for the initial herbicide treatment and removal of all the specified exotic species. Each cut plant will be cut as low to the ground as possible. Cuts will be made level to the ground to minimize herbicide runoff prior to absorption. The herbicide will be applied using a low-pressure spray to minimize drift and non-target damage. A dye shall be used to facilitate identification of treated stems. An appropriate herbicide shall be applied within one (1)minute of stump preparation. Invasive exotic plant species shall be treated with herbicide as follows (any modifications or substitutions must be pre-approved by the County's Land Steward): 0 U Target Species Treatment Method 0 Asiatic colubrina 50%Garlon 3A applied to cut surface immediately after cut or cam, (Colubrina asiatica) 20%Garlon 4 applied to stump's cut surface and sides d Australian pine 50%Garlon 3A applied to cut surface immediately after cut or (Casuarina s ) 20%Garlon 4 applied to stump's cut surface and sides Beach naupaka 50%Garlon 3A applied to cut surface immediately after cut or (Scaevola sericea) 10% Garlon 4 applied to stump's cut surface and sides Brazilian pepper 50%Garlon 3A applied to cut surfat;e immediately after cut or E (Schinus terebinthi olius) 20%Garlon 4 applied to stump's cut surface and sides - Lead tree 30%Garlon 4 applied to stump's cut surface and sides 76 (Leucaena leucoce hala) 0 Seaside mahoe 50%Garlon 3A applied to cut surface immediately upon cutting CL (Thes esia o ulnea) < 00 V_ All mature(brown) lead tree(Leucaena leucocephala) seeds will be bagged and left on the site for Q disposal by the County. Cactus species must be physically removed. Bowstring hemp (Sansevieria hyacinthoides)must be physically removed, ensuring that the entire root has been removed. Resulting plant material may either be bagged or neatly piled on site(adjacent to the road)for County pick up. All other vegetative debris will be chipped in place. On sites where the mulch is to be removed, as determined by the Monroe County Land Steward,the mulch will be neatly piled by the road for pickup by CU Monroe County Solid Waste. On sites where the mulch is to remain,the mulch must be spread neatly across the site without covering remaining native vegetation. Logs that are too large for the chipper must o be cut into 4 ft lengths and neatly stacked by the road for pickup by Monroe County Solid Waste. t3E CU In summary,vegetative debris resulting from the exotic removal work will be disposed of in one of the following ways (as determined by the County Land Steward): 1. Chipped by the contractor and spread evenly across the site; or ; 2. Chipped and removed from the site by the Contractor,at no expense to the County for the removal(if the Contractor wants the mulch for their own purposes); or E 3. Chipped and piled on the site by the contractor and removed from the site by the County(if Land Steward determines that on-site disposal is not an option);or 4. Sections of tree trunk that are too large for the chipper may be cut into four foot lengths and piled on site by the Contractor for eventual disposal by the County. Packet Pg. 2382 H.8.b The Contractor will not be required to transport or pay for the disposal of any vegetative waste created by the project, unless they keep the mulch for their own purposes. The Contractor will provide all necessary equipment to complete the project including]land tools, chainsaws, chippers,vehicles,bucket truck, sprayers, garbage bags and personal protective equipment. CL The Contractor will also provide all materials for treatment(including herbicide and adjuvants) and U) ensure proper disposal of herbicide and adjuvant containers and will strictly adhere to all herbicide label application,precautionary, and safety statements. The Contractor shall be paid according to the hourly rates established in the contract for each type M of on-site employee. No compensation shall be paid for travel time to and from the work site. 0 There are no reimbursable expenses. The project is complete when the total cost per hour reaches $85,000 or on May 18,2018,whichever occurs first. All herbicide treatments shall be at least 95% effective in preventing re-sprout of treated plants. If 95% kill rate is not achieved for any area of the project after two (2)months past initial project completion; one additional treatment of the exotic plants in the problem area shall be the responsibility of the U Contractor at no additional cost to the County. The Contractor shall at all times provide an on-site ground crew supervisor that is certified by the Florida 6 Department of Agricultural and Consumer Services and in good standing with that Department, as part of the work force. Ground crew supervisors will be responsible for : 1)coordination with the Monroe County Land Steward on a daily/weekly basis; 2) all control activities and safety on project sites; 3) E 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, 0 precautionary, and safety statements. Ground crew supervisors shall be certified by the Florida Department of Agriculture and Consumer Services in the Natural Areas category. The County reserves 0 the right to disqualify prospective bidders who have violations of the Rules of Chapter 62C-20, F.A.C., or CL 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. 00 N Crew supervisors must meet with County staff on a regular basis to discuss the progress of the project and to determine priority areas for treatment. The contractor shall complete"Daily Progress Reports for Invasive Plant Control" and submit the completed forms to the County every two weeks. The Monroe County Land Steward will obtain a permit for the proposed exotic removal work,however the Contractor is required to keep the permit with the crew while working on-site. The contractor must hold a valid Monroe County business tax receipt and a Monroe County Certificate of 0 Competency for a Landscaping Specialty Contractor.A general contractor may apply if h c,e holds a E landscaping specialty contractor certificate of competency in Monroe County or employs a Landscaping CU Specialty Contractor licensed in Monroe County . The business tax receipt is required for both. Due to the amount of time required to obtain a Certificate of Competency, respondents must ; submit any required licensing applications to Monroe County prior to bid submission and indicate the status of the application(s)in their bid package. It is not necessary to have already obtained the E certificate prior to bid submission. Additional plant treatment or removal and nonplant debris removal may be added to the project by mutual agreement as field conditions warrant and funds permit. Such agreements for additional work shall be made in writing and agreed to by signature of both parties. Packet Pg. 2383 H.8.b According to the County's formal agreement with Florida Fish &Wildlife Conservation Commission, contractors working on invasive exotic removal projects must adhere to the following protocol: • Mandatory decontamination protocols must be followed for vehicles and equipment prior to entering CL 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 0 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 o 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 E cleaned so that they are free of debris. Prior to the commencement of an invasive species removal project,the contractor and the County Land E Steward shall discuss the necessity for a decontamination plan.If the County requires a plan,then the 0 Contractor shall submit a brief decontamination plan, in writing,to the County for approval.The 76 decontamination plan shall identity specific decontamination procedures and decontamination sites. 0 Decontamination protocols may vary depending upon the nature of the treatment site,type of treatment CL conducted at the site, and the exotic species that were treated. < 00 - Failure to comply with decontamination protocols constitutes reason for contract cancellation and N dismissal of the contractor. While notice to proceed will be issued as soon as possible after the contract is final, the project timeframe may be adjusted depending on seasonal conditions. All work must be completed by May 18,2018. c� Requirement to Use E-Verify. The Contractor must: (1)utilize the US Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the 0 Contractor during the term of the Contract; and,(2) include in all subcontracts under this Contract,the E requirement that subcontractors performing work or providing services pursuant to this Contract utilize the E-verify system to verify the employment eligibility of all new employees hired by the subcontractor during the term of the subcontract. E c� Packet Pg. 2384 H.8.b RFP for Contractor Services,Removal of Invasive Exotic Plants,Monroe Co. Conservation Lands—Initial Treatment LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY,FLORIDA c� U) ETHICS CLAUSE . G (Company) "...warrants that heJit has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 as amended.by Ordinance No. 020- 1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement witnout liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full 0 amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or U 0 employee." d (Si ature) Date: E STATE OF: D� - COUNTY OF: KAD�-A 20 E > l 0 — CL- Subscribed and sworn to(or affirmed)before me on 10 ' �Q �l� (elate) -ov CL N Q 00 (name of affiant). He/She is personally kn-awn to me or has cN produced �L(�� (type jenti Lation)as identification, NOTARY PUBLIC �_ � _ �� 9IVI °r✓6 res:mrnira o IiRI HELLE D.DISDIER Notary Public,State of Florida E ® Canmissionff FF 190757 CL MY comm.expires Jan. 19,2019 E c5 -31 - Packet Pg. 2385 H.8.b RFP for Contractor Services,Removal of Invasive Exotic Plants,Monroe Co. Conservat-on Lands-Initial Treatment NON-COLLUSION AFFIDAVIT I,��hh .� 1 ®� of the city of�(i r©l. bbr), according to law on my oath, and under penalty of perjury, depose and say that CL c� a. I am hnwcuc of the firm of Y-N % C_ the proposer niakit:;.he Proposal for the project described Ile Re ues Proposals forVl�� V nd that I executed the said proposal with full authority to do so; o b. the prices in this proposal have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competii ion,as to arty matter relating to such prices with any other proposer or with any competitor; and C. unless otherwise required by law,the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer U prior to proposal opening,directly or indirectly,to any other proposer or to any competitor;and 0 d. no attempt has been made or will be made by the proposer to induce any other person, `"' partnership or corporation to submit, or not to submit,a proposal for the purpcse of restricting o competition; and e. the statements contained in this affidavit are true and correct,and made with fLll knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. E 4- 0 0 Signa oser) CL d Date: /� - _ �� 00 cN STATE OF: 'PID��l c� COUNTY OF: KM KJ , I , s PERSONALLY APPEARED BEFORE ME,the undersigned authority, aaw4-67-p-1�1 o 0 after first being sworn by me,(name of individual signing) affixed his/her signature in the space provided U E M above. / CLOn this day of (� �%�- , 20 FT OA` m,.l BLIC �y pLe MICHE LE D.DISDIER o~ Notary Public,State of Florid ,1 My comm. expires Jan. 19,2019 -32- Packet Pg. 2386 H.8.b RFP for Contractor Services,Removal of Invasive Exotic Plants,Monroe Co. Conservation Lands—Initial Treatment DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) CL c� U) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. E 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug.abuse violations. _ 3. Gives each employee engaged in providing the commodities or contractual services teat are under proposal a copy of the statement specified in subsection(1). 4. In the statement specified in subsection(1), notifies the employees that, as a condition of working on the commodities or contractual services that are under proposal, the employee will abide by the terms t0 of the statement and will notify the employer of any conviction of, or plea of guilty or nolo 0 contenderre to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later .han five (5) days M after such conviction.. o 5. Imposes a sanction on, or require the satisfactory participation in a drug abase assistance or rehabilitation program if such is available in the employee's community , or any employee who is so convicted. 6. Makes a goad faith effort to continue to maintain a drug-free workplace through implementation of this section. 4- 0 As the person authorized to sign the statement, I certify that this firm complies fully with the above � requirements. � o 0 CL CL 00 (Si ature f Prop er) cN Date: .,/O `/F` /7 STATE OF: Pic)C ( DA— � X COUNTY OF: NAO U 12 OfCU CU Subscribed and sworn to(or affirmed)before me on I 0 ` l (date) by (name of affiant). He/She is personally known to me or has CL produced (ty of i tifi on) as identification. NOTARY PUBLIC gly0. , ' IER � My Commissio EAiT Fu St a i ' Florida : commission#FF 190757 My comm.expires Jan. 19,2019 -33- Packet Pg. 2387 H.8.b RFP for Contractor Services,Removal of Invasive Exotic Plants,Monroe Co. Conservation Lands— Initial Treatment PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a CL public building or public work, may not submit bids on leases of real property to public entity, may U not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period E of 36 months from the date of being placed on the convicted vendor list." 11 ,^ 0 I have read the above and state that neitherDotDCKM L a S� ( n n c_ (Proposer's name)nor any Affiliate has been placed on the convicted vendor list witli' the last thirty-six(36)months. 0 U 0 Signature �`° M Date: o STATE OF: E COUNTY OF: 0 76 Subscribed and sworn to(or affirmed)before me on (date) by C. CL Jc :SQ Q (name of affiant). He/She is personally known to me or has 00 produced �1-I� (type n ' . tion) as identification. CN NOTARY PUBLIC My Commission Expires: c� CU aka �� MICHELLE D.DISDIER 0 o c Notary Public,State of Florida U Commission#FF 190757 E My comm.expires Jan. 19,2019 CL -34- Packet Pg. 2388 . H.8.b RFP for Contractor Services,Removal of Invasive Exotic Plants,Monroe Co. Conservation Lands—Initial Treatment LOCAL PREFERENCE FORM 1 A. Vendors claiming a local preference according to Ordinance 023-2009, as amended by Ordinance No. 004- 2015,must complete this form. CL Name of Bidder/Responder bA6 Ln Date: ?--I 1.Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least one(1)year prior to the notice of request for bids or proposals? - (Please furnish copy) E CL 2. Does the vendor have a physical business address located within Monroe County from which the vendor operates or performs business on a day to day basis that is a substantial component of the goods or services being offered to Monroe County? (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one(1)year prior to the notice of request for bid o: proposal.) 11- '� �y 0 List Address: �o Ve.(SEC_ 4 s W , �-- 1 on H 33 Gs o 0 Telephone Number: 'j o 5— 1 q 3 M d B.Does the vendor/prime contractor intend to subcontract 50%or more of the goods, services or construction to local businesses meeting the criteria above as to licensing and location? d If yes, please provide: E 1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at - least one(1)year prior to the notice or request for bid or proposal. 76 0 2. Subcontractor's physical business address within Monroe County from which the subcont;actor operates: C, CL (The physical business address must be registered as its principal place of business with the Florida 00 Department of State for at least one(1)year prior to the notice of request for bids or proposals) � � , 2 c 6 �� ®v�1-S eccs 4w Tel.Number 3 �5_ 7 4 3_3 09 1 0 c� Address od-hpr-NJP1 83C)SO Print Name:;��n Hcfy- :56 n i natu a andAtle of uthorized Signatory for Bidder/Resp STATE OF I'LoFZI i ILL` COUNTY OF KAO�-J P-Oe E CL On this IT"`l'day of CCiT 20 �� before me, the undersigned notary public, personally appeared known to me to be the person whose name is subscribed above or who produced as identification, and acknowledged that he/she is the person who executed the above Loca5Pr e Form for the � the contained. E My commission expires: l� r��r L01Print Name Notary Public,fit- et Florida 1 b t 57 mmissiorn "j7 expires Jan. 19,20 ie My comm. �12 -35- Packet Pg. 2389 H.8.b DOTPALM-01 DOTSONE CERTIFICATE OF LIABILITY INSURANCE DATE 1122/2018 ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must 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 on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NONTACT Insurance Office of America,Inc. PHONE g00 243-6899 FAX 407 788-7933 1855 West State Road 434 (A/C,No,Ext):( ) (A/C,No):( ) Longwood,FL 32750 ADDRESS: ®! INSURERS AFFORDING COVERAGE NAIC# E INSURER A:NOVA Casualty Company 42552 @ CL INSURED INSURER B:Federal Insurance Comparty 20281 Dot Palm Landscaping,Inc INSURER C 5200 Overseas Highway INSURER D Marathon,FL 33050 INSURER E: n INSURER F: U COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS L) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, O EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM DDIYYYY MM/DDM(YY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000AR O CLAIMS-MADE X OCCUR ARBML1000032200 09/02/2017 09/02/2018 DAMAGE TO RENTED 300,00( X PREMISES Ea occurrence) $ MED EXP(Any one person) $ 50C PERSONAL&ADV INJURY $ 1,000,00C GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,00( ❑ PRO- ❑ - 2,000,00( POLICY X JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: I $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000100C O Ea accident $ X ANYAUTO X ARBML1000032200 09/02/2017 09/02/2018 BODILY INJURY Per person) $ OWNED SCHEDULED 0 AUTOS ONLY AUTOS BODILY INJURY Per accident $ L_ HIRED NON-OWNED PROPERTY DAMAGE CL AUTOS ONLY AUTOS ONLY Per accident $ CL I PIP $ 10,00( A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,00( 00 EXCESS LIAB CLAIMS-MADE ARBUM1000013600 09/02/2017 09/02/2018 AGGREGATE $ 1,000,001 DED I X I RETENTION$ 10,000 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ (Mandatory in BE EXCLUDED? N I A If yes,describe under E.L.DISEASE-EA EMPLOYE $ DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ B Equipment Floater 45464782 06/21/2017 06/21/2018 Leased$Rented 100,00( O C3 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) E Monroe Board of BOCC are additional insured as respects to general and auto liability as required under written contract. CL BYPn ED S- WAI ER / &r E CERTIFICATE HOLDER CANCELLATION c' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Monroe County BOCC �f 1100 Simonton St /J[LIL lKey West.FL 33040 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 2390 DOTPALM-01 H.8.c .4C"J?"" CERTIFICATE OF LIABILITY INSURANCE FDATI(MM/DD/YYYY) �..• 0/5/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THEPOLICIE1 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: Insurance Office of America PHONE FAX 1855 West State Road 434 (A/C,No,Ext):(407)788-3000 (A/C,No):(407)788-7933 Longwood, FL 32750 ADDRESS: INSURERS AFFORDING COVERAGE NAIC# nCL INSURER A:NOVA Casualty Company 42552 U C5 INSURED INSURER B:Federal Insurance Company 20281 a Dot Palm Landscaping,Inc INSURER 7 5200 Overseas Highway INSURER D: Marathon,FL 33050 E INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: O 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 TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,1 DAMAGE TO RENTED 300�1 O CLAIMS-MADE OCCUR X ARBML1000032205 9/2/2022 9/2/2023 PREMISES Ea occurrence $ U MED EXP(Any oneperson) $ 5,1 PERSONAL&ADV INJURY $ 1,000,1 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,1 6 POLICY� PEA LOC PRODUCTS-COMP/OPAGG $ 2,00011 z OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,1 E Ea accident $ X ANY AUTO X ARBML1000032205 9/2/2022 9/2/2023 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ E X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ 4- 0 A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,1 EXCESS LIAB CLAIMS-MADE ARBUM1000013605 9/2/2022 9/2/2023 AGGREGATE $ CL DED X RETENTION$ 10,000 Aggregate $ 1,000,1 a WORKERS COMPENSATION PER OTH- < AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ N OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ CN If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 55 B Equipment Floater 45464782 6/21/2022 6/21/2023 Leased&Rented 100,1 t) E M CL DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) O Monroe Board of BOCC and Monroe County Comprehensive Plan Land Authority-1200 Truman Ave,Ste 207,Key West FL 33040 are additional insured as respects to General Liability and Auto Liability as required under written contract. APPROVED BY RISK MANAGEMENT DATE 10/5/2022 WAIVER N/A YES CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED It ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Monroe County BOCC 1100 Simonton St,Suite 205 Ke West FL 33040 k'6-4 ACORD 25(2016103) ©1988-2015 ACORD CORPORATION The ACORD name and logo are registered marks of ACORD Packet Pg. 2391 H.8.c Policy #ARBML1000032205 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY EXTRA ENDORSEMENT - FLORIDA This endorsement modifies insurance provided under the following: CID COMMERCIAL GENERAL LIABILITY COVERAGE PART CL A. SECTION I — COVERAGES, COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions is amended as follows: 1. EXPECTED OR INTENDED INJURY EXTENSION Paragraph a. Expected Or Intended Injury is deleted and replaced by the following: E a. "Bodily Injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable c force to protect persons or property. 2. NON-OWNED WATERCRAFT EXTENSION Subparagraph (2) of g. Aircraft, Auto Or Watercraft is deleted and replaced by the following: 3 (2) A watercraft you do not own that is: a. Less than 52 feet long; and b. Not being used to carry persons or property for a charge; This provision applies to any person who, with your consent, either uses or is responsible for the use of a watercraft. c 0 This insurance is excess over any other valid and collectible insurance available to the insured whether primary, excess, or contingent. d 3. PROPERTY SOLD OR ABANDONED BY YOU Subparagraph (2) of j. Damage To Property is deleted and replaced by the following: (2) Premises you sell, give away, or abandon, if the "property damage" arises out of any part of those premises, and occurred from hazards that were known by you or should have reasonably been known by you at the time the property was sold, given away or abandoned. E 4. The last paragraph of 2. Exclusions is deleted and replaced by the following: Exclusions c. through n. do not apply to damage to premises while rented to you, or temporarily occupied _c by you with the permission of the owner, when the damage is caused by fire, lightning, explosion, smoke or leaks from automatic fire protective systems. A separate limit of insurance applies to this coverage as CL described in SECTION III — LIMITS OF INSURANCE. CL B. ADDITIONAL INSUREDS 1. SECTION II — WHO IS AN INSURED is amended to include, as an additional insured, any person(s) or CD organization(s) for whom a written contract or written agreement between you and such person(s) or organization(s)exists and requires such person(s)or organizations(s)to be added as an additional insured to your Policy.This additional insured status applies to liability because of"bodily injury", "property damage", E or"personal and advertising injury", but shall not apply to any independent acts or omissions of such person or organization who qualifies as an additional insured. a. This endorsement applies only if the written contract or written agreement is: c (1) Currently in effect or becomes effective during the term of this Policy; and (2) Executed prior to the"bodily injury", "property damage", or"personal and advertising injury". b. The insurance afforded to such additional insured only: E (1) Applies to the extent permitted by law; and (2) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. 2. The insurance provided to the additional insured by this endorsement applies as follows: a. The person(s) or organization(s) is an additional insured but only for liability caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In connection with premises owned by or rented to you; or (2) In the performance of your ongoing operations. AGL08641118 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 4 with its permission. INSURED Packet Pg. 2392 H.8.c COMMERCIAL GENERAL LIABILITY b. If the additional insured is an architect, engineer, or surveyor, this insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional services including: (1) The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or (2) Supervisory, inspection, or engineering services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the"occurrence" which caused the "bodily injury"or"property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional services by or for you. c. If the additional insured is a lessor of equipment, this insurance only applies to liability caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such additional insured E and does not apply to any"occurrence"which takes place after the equipment lease expires. d. If the additional insured is a state or governmental agency or political subdivision and has issued a permit in connection with premises you own, rent, or control, this insurance applies only with respect to c the following hazards for which the state or political subdivision has issued such permit: (1) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decoration and similar exposures; (2) The construction, erection, or removal of elevators; or (3) The ownership, maintenance, or use of any elevators covered by this insurance. U e. If the additional insured is a state or governmental agency or political subdivision that has issued a 0 permit or authorization with respect to operations performed by you or on your behalf, then this M insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" d arising out of operations performed for the federal government, state or municipality; or"bodily injury", or"property damage" included within the "products-completed operations hazard". f. If the additional insured is a manager or lessor of insured premises, that person or organization is an additional insured but only with respect to liability caused, in whole or in part by the ownership, maintenance or use of that part of the premises leased to you. This insurance does not apply to: E (1) Any"occurrence"that takes place after you cease to be a tenant in that premises. 0 (2) Structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor of insured premises. 0 g. If the additional insured is a grantor of a franchise, that person(s)or organization(s)is only an additional insured with respect to liability as grantor of a franchise to you. h. If the additional insured is an owner or has some other interest in land that has been leased to you, that cv person(s)or organization(s) is only an additional insured with respect to liability caused, in whole or in cN part by the ownership, maintenance or use of that part of the land leased to you. cN This insurance does not apply to: (1) Any"occurrence"that takes place after you cease to lease that land; E (2) Structural alterations, new construction or demolition operations performed by or on behalf of the owner or other interest from whom land has been leased. i. If the additional insured is a mortgagee, assignee, or receiver, that person(s)or organization(s) is only an additional insured with respect to liability caused, in whole or in part, by the ownership, maintenance or use of the premises by you. This insurance does not apply to structural alterations, new construction or demolition operations E performed by or for that mortgagee, assignee, or receiver. j. If the additional insured has a controlling interest, that person(s) or organization(s) is an additional CU insured but only for liability caused, in whole or in part, by: (1) Their financial control of you; or (2) Premises they own, maintain or control while you lease or occupy those premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that controlling interest. k. If the additional insured is a vendor, that person(s)or organization(s) is only an additional insured with respect to "bodily injury"or"property damage" caused, in whole or in part, by"your products"which are distributed or sold in the regular course of the vendor's business, but only if this Policy provides AGL08641118 Includes copyrighted material of Insurance Services Office, Inc., Page 2 of 4 with its permission. INSURED Packet Pg. 2393 H.8.c COMMERCIAL GENERAL LIABILITY coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". (1) This insurance afforded to the vendor does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; CID (d) Repackaging, except when unpacked under the instructions of the manufacturer for the sole CL purpose of inspection, demonstration, testing or the substitution of parts and then repackaged in the original container; (e) Any failure by the vendor to make inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in E connection with the distribution or sale of"your products"; CL (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of"your products"; c (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury"or"property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in subparagraphs (d)or(f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of"your products". d (2) This insurance does not apply to any insured person or organization,from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. E 3. With respect to the insurance afforded to an additional insured as provided in Paragraphs B.1.and B.2.above, the most we will pay on behalf of the additional insured is the amount of insurance: (D a. Required by the contract or agreement; or E b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. With respect to the insurance afforded to an additional insured as provided in paragraphs B.1.and B.2.above, this insurance shall not increase the applicable Limits of Insurance shown in the Declarations. CL CL If an Additional Insured endorsement is attached to this Policy that specifically names a person or organization as an insured, then the above Paragraph B. ADDITIONAL INSUREDS does not apply to such person(s) or CD organization. 4. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4. Other Insurance, is E amended to include: For the purposes of this endorsement, this insurance shall be either primary, or primary and non CL - contributory if the written contract or written agreement between you and the additional insured requires primary, or primary and non-contributory status for the additional insured. This insurance shall be excess to any other policy providing additional insured coverage to the additional insured person or organization for the same claim or"suit". E 0 C. SECTION II —WHO IS AN INSURED is amended as follows: BROADENED NAMED INSURED Paragraph 3. is deleted and replaced by the following: 3. Any business entity organized under the laws of the United States of America (including any state thereof, its territories or possessions), or Canada (including any province thereof)will qualify as a Named Insured if there is no similar insurance available to that business entity, provided that one or more Named Insureds shown in the Declarations have, at the inception of the policy period, an ownership interest in such business entity of more than 50%. However, if a Named Insured has an ownership interest in a business entity of more than 50%, the business entity will not be a Named Insured if such business entity is an insured under AGL08641118 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 4 with its permission. INSURED Packet Pg. 2394 H.8.c COMMERCIAL GENERAL LIABILITY any other liability policy or would be an insured under such policy but for its termination or the exhaustion of its Limit of Insurance. D. Paragraph 6. of SECTION III —LIMITS OF INSURANCE is deleted and replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under SECTION I—COVERAGES, COVERAGE A for damages because of"property damage"to any one premises while rented to you, or temporarily occupied by you with permission of the owner, when the damage is caused by fire, lightning, explosion, smoke, or leaks from automatic fire protective systems. a E. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS are amended as follows: 1. KNOWLEDGE AND NOTICE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT The notification requirements of Paragraphs 2.a. and 2.b. Duties In The Event Of Occurrence, Offense, Claim Or Suit apply only when the "occurrence", offense, claim or"suit" is known to: E a. You, if you are an individual; b. A partner or member if you are a partnership or joint venture; c. An officer or director if you are an entity other than a partnership, joint venture or limited liability c company; d. A member or manager if you are a limited liability company; or e. An insurance manager, risk manager or other"employee" you designate prior to loss to give notice to us. Knowledge of an "occurrence", offense, claim, or "suit" by your agent, servant or "employee" shall not in and of itself constitute knowledge by you unless an individual in one of the positions listed above has actual knowledge. 2. FAILURE TO DISCLOSE HAZARDS The following is added to Paragraph 6. Representations: d If you unintentionally failed to disclose all hazards or prior "occurrences" existing at the inception of this Policy, but reported such error or omission to us as soon as practicable after discovery, then we will not deny coverage under this Coverage Part because of such failure. E This provision does not affect our right to collect any additional premium or exercise our right of cancellation or non-renewal. (D 3. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US E The following is added to Paragraph 8. Transfer Of Rights of Recovery Against Others To Us: We waive any right of recovery we may have against any person or organization when such waiver is required by a written contract that you have agreed to prior to any"occurrence", "suit"or the offense which caused the "bodily injury", "property damage"or"personal and advertising injury", provided that the"occurrence", "suit"or CL CL the offense which caused the"bodily injury", "property damage"or"personal and advertising injury"arises out of operations contemplated by such contract.The waiver applies only to the person or organization designated in such contract. CD F. SECTION V— DEFINITIONS is amended as follows: 1. BODILY INJURY The definition of"bodily injury" in Paragraph 3. is deleted and replaced by the following: E "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or 0. death resulting from any of these at any time. 2. PERSONAL AND ADVERTISING INJURY The definition of "personal and advertising injury" in Paragraph 14.b. is deleted and replaced by the following: E Abuse of process; and malicious prosecution; All other terms and conditions of the policy remain unchanged. AGL08641118 Includes copyrighted material of Insurance Services Office, Inc., Page 4 of 4 with its permission. INSURED Packet Pg. 2395 H.8.c POLICY NUMBER: ARB-ML-10000322-05 COMMERCIAL GENERAL LIABILITY CG 24 07 0196 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRODUCTS/COMPLETED OPERATIONS HAZARD REDEFINED This endorsement modifies insurance provided under the following: c� COMMERCIAL GENERAL LIABILITY COVERAGE PART U) PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE 0 Description of Premises and Operations: c� 0 U 0 M (If no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable Z to this endorsement.) a� With respect to "bodily injury' or "property damage" Paragraph a. of the definition of"Products - completed E arising out of "your products" manufactured, sold, operations hazard" in the DEFINITIONS Section is handled or distributed: replaced by the following: E d 1. On, from or in connection with the use of any "Products-completed operations hazard": 0 premises described in the Schedule,or a. Includes all "bodily injury' and "property 0 2. In connection with the conduct of any operation damage" that arises out of"your products" if the CL described in the Schedule, when conducted by you "bodily injury' or "property damage" occurs � or on your behalf, after you have relinquished possession of those C14 products. c� U E CU 0 E c� CG 24 07 0196 Copyright,Insurance Services Office,Inc., 1994 Page 1 of 1 INSURED Packet Pg. 2396 H.8.c Policy#ARBML1000032205 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO EXTRA ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM COMMON POLICY CONDITIONS CL 0 To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. Unless otherwise indicated, the following provisions amend the Business Auto Coverage Form. E A. ADDITIONAL INSUREDS CL SECTION II -LIABILITY COVERAGE, Paragraph A.1.Who Is An Insured is amended to add: 1. Additional Insured If Required By Contract Or Agreement When you have agreed in a written contract or written agreement to provide insurance for an additional insured, such person or organization is included as an "insured": a. Only to the extent such person or organization is liable for "bodily injury" or "property damage" 0 caused by the conduct of an "insured" under Paragraphs a. or b. of Who Is An Insured, with regard to the ownership, maintenance or use of a covered "auto", and c b. The insurance afforded to any such additional insured applies only if the "bodily injury" or c "property damage" occurs: (1) During the policy period, and d (2) Subsequent to the execution of such contract or agreement, and (3) Prior to the expiration of time that the written contract or agreement requires such additional insured coverage to be provided. E E c. The most we will pay on behalf of such additional insured is the lesser of: (1) The Limits of Insurance specified in the written contract or agreement; or (2) The Limits of Insurance shown in the Declarations. d. The amount in c. above shall be a part of and not in addition to the Limits of Insurance shown in the Declarations. e. This insurance will be primary and noncontributory if a written contract between you and the c additional insured specifically requires that this insurance be primary, otherwise this coverage is CL excess. CL 2. Broadened Named Insured CD a. Any legally incorporated business entity organized under the laws of the United States of America (including any state thereof, its territories or possessions), or Canada (including any province 75 thereof) will qualify as a Named Insured if there is no similar insurance available to that organization, provided that one or more Named Insureds shown in the Declarations have, at the inception of the policy period, an ownership interest in such organization of more than 50%. The CL Named Insured does not include any organization that is an "insured" under any other automobile policy or would be an "insured" under such policy but for its termination or the exhaustion of its Limit of Insurance. b. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" (D that occurred before you formed or acquired the business entity. E 0 3. Employees As Insureds ° Any "employee" of yours while using a covered "auto" you do not own, hire, or borrow in your business or your personal affairs. 4. Lessors As Insureds a. The lessor of a covered "auto"while the "auto" is leased to you under a written agreement if: (1) The agreement requires you to provide direct primary insurance for the lessor; and ACA00230512 Includes copyrighted material from Insurance Services Office, Inc., Page 1 of 5 with its permission. INSURED Packet Pg. 2397 H.8.c COMMERCIAL AUTO (2) The "auto" is leased without a driver. b. Such a leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. "Loss" to a covered leased "auto" is subject to the following: (1) We will pay, as their interest may appear, you and the lessor named in this endorsement for "loss" to a "leased auto". (2) The insurance covers the interest of the lessor unless the "loss" results from fraudulent acts or omissions on your part. (3) If we make any payment to the lessor, we will obtain his or her rights against any other party. c� B. AIRBAG COVERAGE U) SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, 3.a. does not apply to the accidental discharge of an airbag: 1. This coverage is excess of any other collectible insurance or warranty. E 2. No deductible applies to this coverage. 0 C. AUTOS RENTED BY EMPLOYEES 1. Any"auto" hired or rented by your "employee" on your behalf and at your direction will be considered an "auto" you hire. c 2. SECTION IV — BUSINESS AUTO CONDITIONS, Paragraph B. 5. Other Insurance is amended by L) c adding: If an "employee's" personal insurance also applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the c "employee's" personal insurance. E D. CANCELLATION CONDITION Paragraph 2.b. of A. Cancellation, of the COMMON POLICY CONDITIONS is deleted and replaced by E the following: - 60 days before the effective date of cancellation if we cancel for any other reason. CU c E. ELECTRONIC EQUIPMENT— BROADENED COVERAGE 1. The following is added to SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, Paragraph 5.: C4 Electronic navigation equipment that is not permanently installed in the covered "auto". However, if Q CN the equipment is stolen, the equipment and any mounting or power accessories must not have been visible from the exterior of the covered "auto". t3 E 2. The following is added to SECTION III - PHYSICAL DAMAGE COVERAGE, C. Limit Of Insurance, CU Paragraph 2.: Electronic navigation equipment that is not permanently installed in the covered "auto." F. EXTRA EXPENSE E We will pay up to $2,500 for any expense incurred for the return of a covered stolen "auto" to you. ThisCU coverage does not apply to Hired Auto Physical Damage Coverage. G. FELLOW EMPLOYEE COVERAGE SECTION II - LIABILITY COVERAGE, Paragraph B. Exclusions, 5. Fellow Employee is deleted and replaced by the following: 1. "Bodily Injury" to: ACA00230512 Includes copyrighted material from Insurance Services Office, Inc., Page 2 of 5 with its permission. INSURED Packet Pg. 2398 H.8.c COMMERCIAL AUTO a. Any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while performing duties related to the conduct of your business; or b. The spouse, child, parent, brother or sister of that fellow "employee" as a consequence of Paragraph a. above. However, we will cover"bodily injury" caused by your"employee" to his or her fellow "employee" if the "bodily injury" results from the use of a covered "auto" you own or hire; the covered "auto" is used with your permission; and if you have workers' compensation insurance in-force covering all of your "employees." 2. Coverage is excess over any other collectible insurance. U) H. HIRED AUTO PHYSICAL DAMAGE The following is added to SECTION III -PHYSICAL DAMAGE COVERAGE, A. Coverage: 1. If hired "autos" are covered "autos" for Liability Coverage and if Physical Damage Coverage is E provided under this Coverage Form for owned "autos", then the Physical Damage Coverages 0- provided are extended to any "auto" you hire or borrow from someone other than your "employees", 0 members or partners, or any member of their household. 2. The most we will pay for"loss" in any one "accident" is the lesser of: a. $50,000, subject to a policy annual aggregate limit of$100,000; b. The actual cash value of the damaged or stolen "auto" at the time of the "loss"; or c. The cost of repairing or replacing the damaged or stolen "auto" with another "auto" of like kind t0 and quality. c 3. If you are legally liable for the "accident", we will also pay up to $1,000 per "accident" for the actual loss of use to the owner of the covered "auto". c 4. Paragraph 2. above is subject to a deductible, which is determined by the lowest deductible applicable to any owned "auto" for that coverage and vehicle type. If owned "autos"do not include this E vehicle type, the lowest deductible on the policy for the same physical damage coverage will apply. No deductible applies to "loss" caused by fire or lightning. E 4- 5. a. Hired Auto Physical Damage coverage is primary for any covered "auto" you hire without a driver, c and excess over any other collectible insurance for any covered "auto" that you hire with a driver. b. SECTION IV— BUSINESS AUTO CONDITIONS, Paragraph B.5.b. Other Insurance is amended to delete the following: However, any"auto"that is leased, hired, rented or borrowed with a driver is not a covered "auto". CN cN 6. If symbol 8 is shown on the Covered Auto section of the Policy Declarations page for any of the Q CN physical damage coverages, then the Hired Auto Physical Damage Coverage described in this endorsement does not apply. t3 E 7. This coverage does not apply to leased "autos" for which you are required to provide physical CU damage coverage as part of a written lease agreement. c I. HYBRID AUTO PAYMENT COVERAGE 1. In the event of a total "loss" to a non-"hybrid auto" for which Comprehensive, Specified Causes of E Loss, or Collision coverages are provided under the Business Auto Coverage form, then PhysicalCU Damage Coverages are amended as follows: a. If the "auto" is replaced with a "hybrid auto" or "electric auto" we will pay an additional 10% of the non-"hybrid auto's" actual cash value or replacement cost, to a maximum of$2,500, whichever is less; b. The "auto" must be replaced and a copy of a bill of sale or lease agreement must be received by us within 60 calendar days of the date of"loss"; and ACA00230512 Includes copyrighted material from Insurance Services Office, Inc., Page 3 of 5 with its permission. INSURED Packet Pg. 2399 H.8.c COMMERCIAL AUTO c. If more than one "auto" is damaged in any one "loss", the most we will pay under this Coverage for anyone "loss" is $5,000. 2. For the purpose of this coverage provision the following Definitions are added: a. "Hybrid auto" is defined as an "auto", including a hybrid "electric auto" that is powered by two sources, an internal combustion engine, and an electric motor. b. "Electric auto" is an "auto" that is powered by an electric motor instead of a gasoline engine. The "electric auto" uses energy stored in its rechargeable batteries, which are recharged by common household electricity. c� U) J. KNOWLEDGE OF AN ACCIDENT, CLAIM, SUIT OR LOSS The following Paragraph is added to SECTION IV- BUSINESS AUTO CONDITIONS, A.2. Duties In The Event Of Accident, Claim, Suit Or Loss: E Prompt notice of an "accident", claim, "suit" or "loss" to an agent or "employee" of the "insured" will not in itself constitute your knowledge of such "accident", claim, "suit" or "loss" unless an executive officer or 0 manager of the "insured's" operation receives such notice from its agent or"employee". K. SIGN COVERAGE The following is added to SECTION III— PHYSICAL DAMAGE COVERAGE, A. Coverage: We will pay for loss to signs, murals, paintings, or graphics, as part of equipment, which are displayed on t0 a covered "auto". c 1. The most we will pay for"loss" in any one "accident" is the lesser of: a. The actual cash value of the property at the time of"loss"; or b. The cost of repairing or replacing the damaged or stolen property with other property of like kind c and quality; or c. $1,000. E 2. This coverage does not apply to Hired Auto Physical Damage Coverage. E 4- L. TOWING AND LABOR COSTS c SECTION III — PHYSICAL DAMAGE COVERAGE, A. COVERAGE, 2. Towing is deleted and replaced by: We will pay up to the limit shown in the Declarations or $250, whichever amount is higher, for towing and labor costs incurred each time a covered "auto" is disabled. However, the labor must be performed at the place of disablement. cv cN cN M. TRANSPORTATION EXPENSES t3 SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverages, 4.a. Transportation Expenses is E deleted and replaced by: 1. We will pay up to $75 per day, for up to 30 days, for temporary transportation expenses incurred by you because of"loss" to a covered "auto". 2. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. c� 3. If the "loss" is due to theft of a covered "auto" we will pay transportation expenses after the theft and ending when the covered "auto" is returned to use or we pay for its "loss". 4. We will pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your materials and equipment from the covered "auto". ACA00230512 Includes copyrighted material from Insurance Services Office, Inc., Page 4 of 5 with its permission. INSURED Packet Pg. 2400 H.8.c COMMERCIAL AUTO N. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS The following Paragraph is added to SECTION IV — BUSINESS AUTO CONDITIONS, B.2. Concealment, Misrepresentation Or Fraud: If you unintentionally fail to disclose any hazards existing at the inception date of your policy, such failure will not prejudice the coverage provided to you. However, this provision does not affect our right to collect additional premium for any additional hazards or exercise our right of cancellation or non-renewal. O. WAIVER OF DEDUCTIBLE — REPAIRED GLASS AND STOLEN AUTOS EQUIPPED WITH RADIO CL FREQUENCY TRANSCEIVERS The following Paragraphs are added to SECTION III - PHYSICAL DAMAGE COVERAGE, D. Deductible: 1. A deductible does not apply to "loss" to glass used in the windshield, doors, and windows, if the glass is repaired rather than replaced. E 2. A deductible does not apply to covered "autos" that are stolen if they are equipped with a radio frequency transceiver that is part of a stolen vehicle recovery system and: a. You promptly report the theft to the police and inform them that the stolen "auto" is equipped with a radio frequency transceiver; b. Such transceiver was installed, inspected and maintained according to guidelines provided by the transceiver's manufacturer; and either c. The covered "auto" sustains damage as a result of being stolen; or c d. The covered "auto" is not recovered within 90 days of the theft. c 0 P. WAIVER OF SUBROGATION c The following Paragraph is added to SECTION IV— BUSINESS AUTO CONDITIONS, A.5. Transfer Of Rights Of Recovery Against Others To Us: (D We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury" or "property damage" but only to the extent that subrogation is waived prior to the "accident"or the "loss" under a written contract or written agreement with that person or organization. E 4- 0 c CL CL CD All other terms and conditions of the policy remain unchanged. CL (D E 0 ACA00230512 Includes copyrighted material from Insurance Services Office, Inc., Page 5 of 5 with its permission. INSURED Packet Pg. 2401 H.8.d DATE(MM/DD/YYYY) AC "R" �,. CERTIFICATE OF LIABILITY INSURANCE 10/05/2022 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. CL 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 U) this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Todd George Bouchard Insurance for WBS-TG PHONE FAX PO Box 6090 A/c No Ext: (866)293-3600 ext.623 A/C No E-MAIL Clearwater, FL 33758-6090 ADDRESS: CL INSURER(S)AFFORDING COVERAGE NAIC# O INSURERA: Zurich-American Insurance Company 16535 INSURED INSURER B: Workforce Business Services,Inc.Alt.Emp:Dot Palm Landscaping Inc 1401 Manatee Ave.West Ste 600 INSURER C: Bradenton,FL 34205-6708 INSURER D INSURER E: A INSURER F: O COVERAGES CERTIFICATE NUMBER:21FL079813759 REVISION NUMBER: U O THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERI01 INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI; c-Vs CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS 6 EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICYNUMBER MM/DD/YWY MM/DD/YWY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DA CLAIMS-MADE OCCUR PREM SESOEa oNcurrDence $ MED EXP(Any one person) $ E PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ POLICY❑ PRO ❑ LOC PRODUCTS-COMP/OP AGG $ ra JECT OTHER: $ O AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ CL Ea accident I ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS tY HIRED NON-OWNED PROPERTY DAMAGE $ C°J AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLALIAB OCCUR EACH OCCURRENCE $ t'!! EXCESS LAB CLAIMS-MADE AGGREGATE $ Imo, DED RETENTION$ $ WORKERS COMPENSATION X PER I OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE I ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,0 A OFFICER/MEMBER EXCLUDED? ❑ N/A WC 90-00-818-11 12/31/2021 12/31/2022 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,0 U) IfIf yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,O M CL Location Coverage Period: 12/31/2021 12/31/2022 Client# 053615 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) so-employees Dot Palm Landscaping Inc U only those c Coverage i provided for 5200 Overseas Hwy APPROVED BY RISK MANAGEMEN' T_ of,but not subcontractors Marathon, FL 33050 to: r _ w BY t°d t'J DATE - 1 �, 2(122 c14 n� � WAIVER N/A YES CERTIFICATE HOLDER CANCELLATION Monroe County BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI 1100 Simonton St THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II Suite 205 ACCORDANCE WITH THE POLICY PROVISIONS. Key West, FL 33040 AUTHORIZED REPRESENTATIVE Packet Pg. 2402 ©1988-2015 ACORD CORPORATIO ACORD 25(2016/031 The ACORD name and Joao are reaistered marks of ACORD