Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Item F07
F.7 Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS �� Mayor David Rice,District 4 The Florida Keys � Mayor Pro Tem Craig Cates,District 1 y Michelle Coldiron,District 2 James K.Scholl,District 3 Ij Holly Merrill Raschein,District 5 County Commission Meeting November 15, 2022 Agenda Item Number: F.7 Agenda Item Summary #11135 BULK ITEM: Yes DEPARTMENT: Facilities Maintenance TIME APPROXIMATE: STAFF CONTACT: Alice Steryou(305) 292-4549 None AGENDA ITEM WORDING: Approval to award bid and enter into an Agreement with Tyler Gautier Landscaping, Inc. for Upper Keys Landscaping Maintenance Services at multiple locations with an annual contract amount not to exceed $120,000. Funding is Ad Valorem. ITEM BACKGROUND: A Request for Proposals (RFP) for Upper Keys Landscaping Maintenance at Multiple Locations was issued and the bids were opened virtually by the Purchasing Department on August 22, 2022. Three (3) respondents submitted bids. A Selection Committee met on August 26, 2022, to review the proposals. Prior to the Selection Committee meeting, it was discovered during the legal review process that one (1) respondent, Tyler Gautier Landscaping, Inc. (Gautier) had apparently submitted a revised bid prior to the bid opening scheduled time and the Committee was advised of any discrepancies. A recommendation was made based on the successful review and clarification of the discrepancies by the legal department. The County IT Dept. was later unable to confirm receipt of the timely submitted revised bid. Due to several irregularities, the County Attorney's office recommended that all bids be rejected and that the RFP be re-issued again in order to be fair to all parties. This recommendation was placed on the September 2022 BOCC meeting agenda as item C-19. Prior to the September meeting, staff had further conversations with a representative of Gautier, who advised it would honor its initial first bid that was timely received by OMB. Staff then withdrew the September agenda item C-19 and decided to accept Gautier's lowest bid proposal amount in response to the original RFP rather than rejecting those bids and issuing another RFP due to time constraints. Staff, therefore, recommends that the BOCC award the bid to Gautier and approve the Agreement with Tyler Gautier Landscaping, Inc. as the lowest responsible bidder in accordance with the Selection Committee's initial recommendation. The Agreement is for an initial two (2)year term commencing November 1, 2022, and terminating on October 31, 2024, unless extended pursuant to the optional three (3) additional one-year periods. The annual contract amount shall not exceed $120,000. PREVIOUS RELEVANT BOCC ACTION: None — prior BOCC approval to advertise the Request for Proposals was not necessary since this is a budgeted item. Packet Pg. 292 F.7 CONTRACT/AGREEMENT CHANGES: Approval of a Bid Award to Tyler Gautier Landscaping, Inc. for Upper Keys Landscaping Maintenance RFP opened 08/22/2022. STAFF RECOMMENDATION: Approval DOCUMENTATION: 10-19-2022- Bid Award Agreement for Upper Keys Landscaping Services -Gautier(Final legal stamped)Partial Exec Tyler Gautier email on honoring initial bid amounts 9-16-22 08-26-2022-Selection Committee-Total Ranking Sheet-UK Landscaping Maintenance RFP 08-22-2022-Bid Tabulation Sheet pdf UPPER KEYS LANDSCAPING MAINTENANCE - MULTIPLE LOCATIONS-Gautier Landscaping Upper Keys RFP final posted on DemandStar FINANCIAL IMPACT: Effective Date: November 1, 2022 Expiration Date: October 31, 2024 (unless option to renew is exercised) Total Dollar Value of Contract: $600,000.00 Total Cost to County: $600,000.00 Current Year Portion: $110,000.00 Budgeted: Yes Source of Funds: Ad Valorem CPI: Yes Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: N/A County Match: N/A Insurance Required: Yes, when a contract is approved. Additional Details: Initial 2-year agreement with three (3) optional, one-year renewals. Facilities- 80% and P&B 20% 10/19/22 001-20501 FACILITIES MAINTENANCE $480,000.00 10/19/22 147-20503 UNINC PARKS & BEACHES $120,000.00 Total: $600,000.00 REVIEWED BY: Patricia Eables Completed 10/04/2022 4:48 PM Packet Pg. 293 F.7 William DeSantis Completed 10/04/2022 4:50 PM John Allen Completed 10/04/2022 5:10 PM Purchasing Completed 10/04/2022 5:11 PM Budget and Finance Completed 10/04/2022 5:12 PM Brian Bradley Completed 10/04/2022 5:26 PM Lindsey Ballard Completed 10/21/2022 9:10 AM Board of County Commissioners Pending 11/15/2022 9:00 AM Packet Pg. 294 F.7.a M 4- 0 0 AGREEMENT FOR UPPER KEYS LANDSCAPING MAINTENANCE - MULTIPLE LOCATIONS MONROE COUNTY, FLORIDA CL E This Agreement is made and entered into this 19th day of October,2022, between MONROE 76 COUNTY, FLORIDA ("COUNTY'), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and TYLER GAUTIER LANDSCAPING, INC., 76 d/b/a GAUTIER TREE & LANDSCAPE, a Florida Profit Corporation, authorized to do business in E the State of Florida, ("CONTRACTOR"), whose address is 89100 Overseas Highway, Plantation Key, Florida 33070, with a mailing address of P. O. Box 800, Tavernier, Florida 33070. WHEREAS, COUNTY desires to contract for the performance of the work or services U) described in Attachment "A", Attachment "B", and Attachment "C"; and 0 WHEREAS, CONTRACTOR desires to and is able to perform the work or services described in the attached Attachment "A", Attachment "B", and Attachment "C"; and WHEREAS, it serves a legitimate public purpose for CONTRACTOR to perform the work or services described in the attached Attachment "A", Attachment "B", and Attachment "C" for Monroe County; U) NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. THE AGREEMENT 0 The Agreement consists of this document, the Request for Proposals ("RFP") documents, exhibits, and any addenda only. 2. SCOPE OF WORK The Scope of Work shall include, but not be limited to, all work and /or services shown and listed in Attachment "A", Attachment "B", and Attachment "C", which are attached hereto and made a part hereof. The Contractor is required to provide a complete job as contemplated by this Scope of Work. The Contractor shall furnish all labor, supervision, N materials, power, tools, equipment, supplies, permits, if any are necessary, and any other N means of construction or work necessary or proper for performing and completing the Scope ' of Work, unless otherwise specifically stated, or as amended throughout the term of this Agreement. The Contractor shall be responsible for the scheduling of services required per the Scope of Work, so as each task is satisfactorily completed. On-site services shall be BID AWARD AGREEMENT Packet Pg. 295 F.7.a M 4- provided no less than twice a week at each location, understanding that some weeks may 0 76 require additional days. 0 3. PERSONNEL Communication between the County Representative and the Contractor's personnel is very important. Therefore, the Contractor must assure that at least one (1) of its personnel per building can communicate well in the English language with the County Representative. Any 76 employee hired by the Contractor will be the Contractor's employee and in no way has any association with the County. The Contractor shall insure that its employees are trained in all appropriate safety regulations, including but not limited to, OSHA regulations, and all other applicable local, State and Federal regulations. U) Uniforms are preferred for Contractor's personnel; however, photo identification cards are 76 required, which shall clearly identify personnel as employees of the Contractor. This requirement shall apply upon entering County property and at all times while on duty. 4. BACKGROUND CHECKS / FINGERPRINTING Contractor employees must consent to Level One background checks and the results are to , be provided to the County within thirty (30) days of award of the contract. The County reserves the right to refuse personnel based on results of the background check. The County reserves the right to demand of the Contractor replacement of an employee for the Contractor if a conflict or problem with that employee should arise. The County's Facilities Maintenance Director or his designee shall have the right to require any employee(s) of the Contractor to be permanently removed from any County facility serviced by the Contractor whenever it appears to be in the best interest of the County. It is the responsibility of the Contractor to inform the Facilities Maintenance Director or his designee of all new hires and the results of the background check. The Contractor will be responsible for the supervision, hiring and firing of their own employees, and shall be solely responsible for the pay, worker's compensation insurance, and benefits. Some work will be conducted at secure facilities, including, but not limited to law enforcement and fire rescue. Background checks, including at a minimum: A. Warrants check; B. Fingerprints; C. Local Records check; D. Prior employment check; and E. Criminal History check N are required of Contractor's personnel that will enter Monroe County Sheriff's Office N ("MCSO") facilities. Background checks on such personnel will be conducted by the MCSO. V- MCSO may prohibit entry to, or remove from, any secure facility any Contractor employee who, in the judgment of MCSO, poses a risk to the security or good order of the facility. Thereafter, MCSO and the Contractor will immediately discuss resolution of the problem. If E BID AWARD AGREEMENT Packet Pg. 296 F.7.a cu 4- the problem is not resolved to the satisfaction of the MCSO, the employee shall not be 0 76 permitted to return to any facility operated by the MCSO. Contractor will promptly replace the employee at no additional cost to County. Contractor further agrees to notify County immediately upon becoming aware that one of its employees or subcontractor's employees, who previously completed the background check is subsequently arrested or convicted of any crime. Failure by Contractor to notify County of such arrest or conviction within forty-eight (48) hours of being put on notice by the 76 employee/subcontractor and/or within five (5) days of its occurrence shall constitute grounds for immediate termination of this contract by County. The parties further agree that failure by Contractor to perform any of the duties described in this paragraph shall constitute a material breach of the contract entitling County to terminate this contract immediately with no further responsibility to make payment or perform any other duties described herein. U) 76 5. CONTRACT SUM AND PAYMENTS TO CONTRACTOR 76 A. Monroe County's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners ("BOCC"). County shall pay in accordance with the Florida Local Government Prompt Payment Act and Monroe County Code; payment will be made after delivery and inspection by County and upon submission of a proper invoice by Contractor. U) 2 2.1 B. The County shall pay to the Contractor for the faithful performance of said service on a per month in arrears basis for each of twelve (12) months. The Contractor shall invoice Monroe County Facilities Maintenance Department monthly for landscaping services performed under the Scope of Work contained herein. The Contract amount shall be One Thousand Three Hundred Ninety-one and 25/100($1,391.25) Dollars per month for Plantation Key Government Center and One Thousand Six Hundred Eighty-five and 00/100 ($1,685.00) Dollars per month for Murray Nelson Government Center. The County shall pay to the Contractor Four Hundred Twenty-five and 00/100 ($425.00) Dollars per hour per person for emergency cleaning, maintenance, and landscaping services (ex. Post-hurricane clean-ups, including all costs associated with equipment, debris removal, and dumping fees). 0 C. Contractor shall submit to County invoices monthly in arrears with supporting documentation acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. Payment may be withheld for failure of Contractor to comply with a term, condition, or requirement of this Agreement. Monroe County's Fiscal Year is October 1st through September 301h. All outstanding invoices must be submitted for payment within ten (10) days of the end of the Fiscal Year to avoid non-payment for those services. N D. Total compensation to CONTRACTOR under this Agreement shall not exceed One N Hundred Twenty Thousand and 00/100 ($120,000.00) Dollars annually, unless pre- approved work requiring additional funds is implemented. Additional emergency work shall be performed in accordance with the rates as set forth and described herein, but such work must be pre-approved. BID AWARD AGREEMENT Packet Pg. 297 F.7.a M 4- 0 There shall be no additional charges to the County for travel, mileage, meals, or lodging. > 0 Contractor shall submit itemized invoices in writing. For invoicing purposes, the hours shall be calculated in fifteen (15) minute increments. X 6. TERM OF AGREEMENT This two (2) year Agreement shall commence on November 1, 2022, and ends upon October 31, 2024, unless terminated earlier under paragraph 21 of this Agreement. The County shall have the option to renew this Agreement for up to an additional three (3) one- year periods on terms and conditions mutually agreeable to the parties, exercisable upon written notice given at least thirty (30) days prior to the end of the initial term. Unless the context clearly 76 indicates otherwise, references to the "term" of this Agreement shall mean the initial term of two (2) years. The County is not required to state a reason if it elects not to renew. The Contract amount maybe adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) or 3%, whichever is less, for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI-U computation or 3%, whichever is less, at December 31 of the previous year. U) 2 7. LICENSES Contractor has, and shall maintain throughout the term of this Agreement, appropriate licenses. Proof of such licenses shall be submitted to the County upon execution of this Agreement and annually thereafter or upon any renewal. 8. MAINTENANCE OF RECORDS U) Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven (7) years from the termination of this Agreement or five (5) years from the submission of the final expenditure report as per 2 CFR §200.33, if applicable, whichever is greater. Each party to this Agreement or their authorized 0 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 seven (7) years following the termination of this Agreement. 9. RIGHT TO AUDIT Availability of Records. The records of the parties to this Agreement relating to the Project,which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; N estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other 4i supporting evidence deemed necessary by County or the Monroe County Office of the Clerk of BID AWARD AGREEMENT Packet Pg. 298 F.7.a cu 4- Court and Comptroller(hereinafter referred to as"County Clerk")to substantiate charges related 0 76 to this agreement, and all other agreements, sources of information and matters that may in County's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by County's representative and/or agents or the County Clerk. County or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job 76 site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors' representatives. All records shall be kept for ten (10) years after Final Completion of the Project. The County Clerk possesses the independent authority to conduct an audit of Records, assets, and activities relating to this 76 Project. If any auditor employed by Monroe County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this 76 Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Section 55.03, F.S., running from the date the monies were paid to Contractor. The right to audit provisions survives the termination of expiration of this Agreement. 10. PUBLIC RECORDS COMPLIANCE U) 0 2 Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of Article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Fla. Stat., Sec. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the N requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. V- (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the BID AWARD AGREEMENT Packet Pg. 299 F.7.a M 4- contract term and following completion of the contract if the contractor does not transfer the 0 76 records to the County. 0 (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the 76 Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. U) (5) A request to inspect or copy public records relating to a County contract must be made 76 directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the 76 records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. c� The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any U) public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC E RECORDS, BRIAN BRADLEY AT PHONE NO. 305-292-3470, BIL ,,,,,,, IANO IC N ('01 �Y F.L V, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH STREET, SUITE 408, KEY WEST, FL 33040. N 11. HOLD HARMLESS, INDEMNIFICATION, DEFENSE, AND INSURANCE `N cN Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor 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 BID AWARD AGREEMENT Packet Pg. 300 F.7.a M 4- proceedings, or other proceedings relating to any type of injury (including death), loss, 0 76 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, or other invitees during the term of this Agreement, (B) the negligence, recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors, or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of 76 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 omissions of the County or any of its employees, agents, contractors, or invitees (other than Contractor). The monetary limitation of liability under this Agreement shall be equal to the E dollar value of the contract and not less than $1 million per occurrence pursuant to Section 725.06, Florida Statutes. The limits of liability shall be as set forth in the insurance requirements included in this paragraph. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor s failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. c� The extent of liability is in no way limited to, reduced, or lessened by the insurance U' requirements contained elsewhere within this agreement. Failure of Contractor to comply with the requirements of this section shall be cause for immediate termination of this Agreement. Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY Certificates of Insurance indicating the minimum coverage limitations in the following amounts: WORKERS COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE. Where 4- applicable, coverage to apply for all employees at minimum statutory limits as required by Florida Law, and Employee's Liability coverage in the amount of $100,000.00 bodily injury by accident, $500,000.00 bodily injury by disease, policy limits, and $100,000.00 bodily injury by disease, each employee. COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less than $300,000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. If single limits are provided, the minimum acceptable limits N are $200,000.00 per person, $300,000.00 per occurrence, and $200,000.00 property N damage. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. E BID AWARD AGREEMENT Packet Pg. 301 F.7.a M 4- COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with limits of 0 76 liability of not less than $500,000.00 per occurrence combined single limit for Bodily Injury > Liability and Property Damage Liability. CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the County at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the County before any policy or 76 coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the County, its officials, employees, agents, and volunteers. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, 1100 SIMONTON STREET, KEY WEST, FLORIDA 33040, MUST BE NAMED AS CERTIFICATE HOLDER AND ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKER'S COMPENSATION. 12. NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the County be required to contain any provision for waiver. c� 13. INDEPENDENT CONTRACTOR At all times and for all purposes under this Agreement, Contractor is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this Agreement shall be construed so as to find Contractor or any of its employees, subcontractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. 0 14. NONDISCRIMINATION/ EQUAL EMPLOYMENT OPPORTUNITY CONTRACTOR and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONTRACTOR and COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI I of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, N as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5)The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating BID AWARD AGREEMENT Packet Pg. 302 F.7.a M 4- to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and 0 Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11)Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the CONTRACTOR, in accordance with Equal Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶C, agrees as follows: U) 0 1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during E employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 0 2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee , or applicant or another employee or applicant. This provision shall not apply to N instances in which an employee who has access to the compensation information N of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an E BID AWARD AGREEMENT Packet Pg. 303 F.7.a M 4- investigation, proceeding, hearing, or action, including an investigation 0 76 conducted by the employer, or is consistent with the Contractor's legal duty to > furnish information. 4) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. ` 5) The Contractor will comply with all provisions of Executive Order 11246 of U) September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the Contractor's noncompliance with the nondiscrimination E clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the U) Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 0 8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event a contractor becomes involved in, or is E threatened with, litigation with a subcontractor or vendor as a result of such N direction by the administering agency, the contractor may request the United N States to enter into such litigation to protect the interests of the United States. 15. ASSIGNMENT/SUBCONTRACT E BID AWARD AGREEMENT Packet Pg. 304 F.7.a M 4- Contractor shall not assign or subcontract its obligations under this Agreement to others, 0 76 except in writing and with the prior written approval of the Board of County Commissioners of Monroe County, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the Board. 16. COMPLIANCE WITH LAW AND LICENSE REQUIREMENTS In providing all services/goods pursuant to this Agreement, Contractor shall abide by all laws of the Federal and State government, ordinances, rules, and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter U) adopted. Compliance with all laws includes, but is not limited to, the immigration laws of the Federal and State government. Any violation of said statutes, ordinances, rules, and regulations shall constitute a material breach of this Agreement and shall entitle the Board to terminate this Agreement. Contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this Agreement. 17. DISCLOSURE AND CONFLICT OF INTEREST Contractor represents that it, its directors, principals and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sec. 112.311, et. seq., Florida Statutes. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position; conflicting employment or contractual relationship; and disclosure or use of certain information. No Solicitation/Payment. 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 0 4- pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 18. NO PLEDGE OF CREDIT Contractor shall not pledge the County's credit or make it a guarantor of payment or surety N for any contract, debt, obligation, judgment, lien, or any form of indebtedness. Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. E BID AWARD AGREEMENT Packet Pg. 305 F.7.a M 4- 19. NOTICE REQUIREMENT 0 76 All written correspondence to the COUNTY shall be dated and signed by an authorized > representative of the COTRACTOR. Any written notices or correspondence required or 0 permitted under this Agreement shall be sent by United States Mail, certified, return receipt requested, postage pre-paid, or by courier with proof of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice is deemed received by CONTRACTOR when hand delivered by 76 national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. Notice shall be sent to the following persons: FOR COUNTY: FOR CONTRACTOR: Monroe County Tyler Gautier Landscaping, Inc. Facilities Maintenance Department d/b/a Gautier Tree & Landscape 76 123 Overseas Hwy. 89100 Overseas Hwy. Rockland Key Plantation Key, FL 33070 76 Key West, FL 33040 Mailing: P. O. Box 800 Tavernier, FL 33070 and Monroe County Attorney 1111 121h Street, Suite 408 Key West, FL 33040 20. TAXES c� County is exempt from payment of Florida State Sales and Use taxes. Contractor shall not be exempted by virtue of the County's exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is Contractor authorized to use the County's Tax Exemption Number in securing such materials. Contractor shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this Agreement. 0 21. TERMINATION A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this Agreement after five (5) days' written notification to the CONTRACTOR. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days' written notice of its intention to do so. C. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate Q this Agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the eventIt- of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with five (5) calendar days' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated BID AWARD AGREEMENT Packet Pg. 306 F.7.a M 4- for cause. If the COUNTY terminates this Agreement with the CONTRACTOR, COUNTY 0 76 shall pay CONTRACTOR the sum due the CONTRACTOR under this Agreement prior to > termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of 76 the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon sixty(60) days' notice to CONTRACTOR. If the COUNTY U) terminates this Agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this Agreement prior to termination, unless the �- cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONTRACTOR shall not exceed the spending cap in this Agreement. E. For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes, or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. F. For Contracts of $1,000,000 or more, if the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida E Statutes, or(2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 22. GOVERNING LAW, VENUE, AND INTERPRETATION This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the I event that any cause of action or administrative proceeding is instituted for the enforcement N or interpretation of this Agreement, the County and Contractor agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Parties waive their rights to trial by jury. The County and Contractor agree that, 4i in the event of conflicting interpretations of the terms or a term of this Agreement by or BID AWARD AGREEMENT Packet Pg. 307 F.7.a M 4- between any of them the issue shall be submitted to mediation prior to the institution of any 0 76 other administrative or legal proceeding. 0 23. MEDIATION c� The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to 76 mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. U) 24. SEVERABILITY 76 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 valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the 0 original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. c� 25. ATTORNEYS FEES AND COSTS U' County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, at all levels of the court system, including in appellate proceedings. 0 26. ADJUDICATION OF DISPUTES OR DISAGREEMENTS E 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. The CONTRACTOR and COUNTY Representative shall try to resolve the claim or dispute with meet and confer sessions. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of Paragraph 14 or Paragraph 21 N concerning termination or cancellation. Q 27. COOPERATION E BID AWARD AGREEMENT Packet Pg. 308 F.7.a cu 4- In the event any administrative or legal proceeding is instituted against either party relating 0 76 to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 28. 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. U) 76 29. AUTHORITY 76 Each party represents and warrants to the other that the execution, delivery, and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, U) voluntarily, and with advice of counsel. 0 30. CLAIMS FOR FEDERAL OR STATE AID Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed as a result of funding that affect the Project will be provided to each party. U) 31. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 32. 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 N imposed upon the entity by law except to the extent of actual and timely performance thereof Q 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 It- construed as, authorizing the delegation of the constitutional or statutory duties of the BID AWARD AGREEMENT Packet Pg. 309 F.7.a M 4- County, except to the extent permitted by the Florida constitution, state statute, and case 0 76 law. > 0 33. NON-RELIANCE BY NON-PARTIES c� No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 76 34. ATTESTATIONS 76 Contractor agrees to execute such documents as the County may reasonably require to include, but not limited to, a Public Entity Crime Statement, an Ethics Statement, Non- Collusion Statement, and a Drug-Free Workplace Statement. U) 35. NO PERSONAL LIABILITY �? No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent, or employee of Monroe County in his or her individual capacity, and no member, officer, agent, or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 36. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 37. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 38. PUBLIC ENTITY CRIME STATEMENT N N "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide It- any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, BID AWARD AGREEMENT Packet Pg. 310 F.7.a M 4- may not submit bids on leases of real property to a public entity, may not be awarded or 0 76 perform work as a contractor, supplier, subcontractor, or consultant 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 of thirty-six (36) months from the date of being placed on the convicted vendor list." X 39. MUTUAL REVIEW This Agreement has been carefully reviewed by Contractor and the County. Therefore, this Agreement is not to be construed against either party on the basis of authorship. 40. INCORPORATION OF RFP DOCUMENTS The terms and conditions of the RFP documents are incorporated by reference in this contract agreement. 41. ANNUAL APPROPRIATION The County's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners. In the event that the County funds on which this Agreement is dependent are withdrawn, this Agreement is terminated, and the County has no further obligation under the terms of this Agreement to the Contractor beyond that already incurred by the termination date. 42. COVENANT OF NO INTEREST c� 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. 43. AGREEMENTS WITH SUBCONTRACTORS In the event that the Contractor subcontracts any or all of the work in this project to any third party, the Contractor specifically agrees to identify the County as an additional insured on 0 all insurance policies required by the County. In addition, the Contractor specifically agrees that all agreements or contracts of any nature with his/her subcontractors shall include the County as an additional insured. 44. FEDERAL CONTRACT REQUIREMENTS The CONTRACTOR and its subcontractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to 2 C.F.R. Part 200, as amended, including but not limited to: N 44.1 Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal N program legislation,which includes Emergency Management Preparedness Grant Program, ' Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must BID AWARD AGREEMENT Packet Pg. 311 F.7.a M 4- comply with the Davis-Bacon Act (40 U.S.C. §§3141-3144, and §§3146-3148) as 0 supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards > Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. If applicable, the COUNTY must place a current prevailing wage determination issued by the Department of Labor in each solicitation, a copy of which is attached hereto as Attachment "D" and made a part hereof. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. E U) When required by Federal program legislation, which includes Emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program),the contractors, in contracts for construction or repair work above $2,000 in situations where the Davis-Bacon also applies, must also comply with the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or 2 Grants from the United States"). As required by the Act, each contractor or subrecipient is 2.1 prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. U' (1) Contractor. The contractor shall comply with U.S.C. § 3145, and the requirements of 29 C.F.R. Part 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by 0 appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. 1 Additionally, in accordance with the regulation, each contractor and subcontractor must Q furnish each week a statement with respect to the wages paid each of its employees engaged in work covered by the Copeland Anti-Kickback Act and the Davis-Bacon Act during the preceding weekly payroll period. The report shall be delivered by the contractor . or subcontractor, within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work. E BID AWARD AGREEMENT Packet Pg. 312 F.7.a M 4- 0 44.2 Contract Work Hours and Safety Standards Act (40 U.S.C. §§3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of$100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a 76 standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the U) purchases of supplies or materials or articles ordinarily available on the open market, or 76 contracts for transportation or transmission of intelligence. Compliance with the Contract Work Hours and Safety Standards Act. 76 (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic 0 receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of 29 C.F.R. §5.5, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated Damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of 29 C.F.R. §5.5, in the sum of$27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of 29 C.F.R. §5.5. (3) Withholding for unpaid wages and liquidated damages. The Federal agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor N under any such contract or any other Federal contract with the same prime N contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated E BID AWARD AGREEMENT Packet Pg. 313 F.7.a M 4- damages as provided in the clause set forth in paragraph (b)(2) of 29 C.F.R. 0 76 §5.5. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in 29 C.F.R. §5.5, paragraphs (b)(1) through (4) and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor 76 with the clauses set forth in 29 C.F.R. §5.5, paragraphs (1) through (4). CL 44.3 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding agreement" under 37 CFR§401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of 76 experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 44.4 Clean Air Act (42 U.S.C. 447401-7671g.) and the Federal Water Pollution Control Act (33 U.S.C. 441251-1387). Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended (42 U.S.C. §§7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. §§1251-1387) and will report violations to FEMA/Federal Agency and the appropriate Regional Office of the Environmental Protection Agency(EPA). The Clean Air Act (42 U.S.C. §§7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. §§1251-1387), as amended, applies to Contracts and subgrants of amounts in excess of $150,000. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA/Federal agency. The contractor agrees to report each violation to the COUNTY and understands and agrees that the COUNTY will, in turn, report each violation as required to assure notification to FEMA/Federal Agency and the CL appropriate EPA Regional Office. 0 44.5 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award under a "covered transaction" (see 2 C.F.R. §180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. Part 180 that implement Executive Orders 12549 (3 C.F.R. part 1986 Comp., p. 189) and 12689 (3 C.F.R. part 1989 Comp., p. 235), "Debarment and Suspension" and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Nonprocurement Debarment and suspension). SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared E ineligible under statutory or regulatory authority other than Executive Order 12549. N SAM exclusions can be accessed at w....sa,ri.. ov. Contractor is required to verify that N none of the contractor's principals (defined at 2 C.F.R. §180.935) or its affiliates ) (defined at 2 C.F.R. §180.905) are excluded (defined at 2 C.F.R. §180.940) or disqualified (defined at 2 C.F.R. §180.935). The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement BID AWARD AGREEMENT Packet Pg. 314 F.7.a M 4- to comply with these regulations in any lower tier covered transaction it enters into. 0 76 This certification is a material representation of fact relied upon by the COUNTY. If it > is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the COUNTY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Bidders or Proposers agree to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this 76 offer. The Bidder or Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 44.6 Byrd Anti-Lobbying Amendment (31 U.S.C. & 1352). Contractors that apply or bid CL for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay 76 any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or 76 an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. If award exceeds $100,000, the certification, attached hereto as Attachment "E" and made a part hereof, must be signed and submitted by the CONTRACTOR to the COUNTY. 44.7 Compliance with Procurement of Recovered Materials as set forth in 2 C.F.R. 200.322. CONTRACTOR must comply with Section 6002 of the Solid Waste Disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired- 1. Competitively within a timeframe providing for compliance with the contract performance schedule; 2. Meeting contract performance requirements; or 3. At a reasonable price. , N N Information about this requirement, along with the list of EPA-designated items, is Q available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. BID AWARD AGREEMENT Packet Pg. 315 F.7.a M 4- 44.8 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment 0 as set forth in 2 C.F.R. & 200.216. Recipients and subrecipients and their contractors and > subcontractors may not obligate or expend any federal funds to(1) Procure or obtain; (2) Extend or Lo- renew a contract to procure or obtain; or(3) Enter into a contract (or extend or renew a contract) tc procure or obtain equipment, services, or systems that uses coverec telecommunications equipment or services as a substantial or essential component of any system; or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huaw& , Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance . of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). 76 (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an , entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 44.9 Domestic Preference for Procurements as set forth in 2 C.F.R. 4200.322. The COUNTY and CONTRACTOR should, to the great extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United E States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this section must be included in all subawards including U' contracts and purchase orders for work or products under federal award. For purposes of this section: U) (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in 0 whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 44.10 Americans with Disabilities Act of 1990, as amended (ADA). The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 44.11 Disadvantaged Business Enterprise(DBE) Policy and Obligation. It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have N the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall BID AWARD AGREEMENT Packet Pg. 316 F.7.a M 4- take all necessary and reasonable steps in accordance with 2 C.F.R. § 200.321(as 0 76 set forth in detail below), applicable federal and state laws and regulations to ensure > that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. If applicable, the Declaration, attached hereto as Attachment "F" and made a part hereof, must be signed and submitted by the CONTRACTOR to the COUNTY. 76 2 C.F.R. � 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS A. If the CONTRACTOR, with the funds authorized by this Agreement, seeks to subcontract 76 goods or services, then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. B. Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. (6) Requiring the Prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraph (1) through (5) of this section. OTHER FEDERAL AND/OR FEMA REQUIREMENTS (as applicable) 4- 44.12 Access to Records. Contractor/Consultant and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing the Department of Homeland Security (DHS) and the Federal Emergency Management Agency's (FEMA) access to records, accounts, documents, information, facilities, and staff. Contractors/Consultants must: (1) Cooperate with any compliance review or complaint investigation conducted by DHS; (2) Give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program N guidance; (3) Submit timely, complete, and accurate reports to the appropriate DHS officials N and maintain appropriate backup documentation to support the reports. 44.13 DHS Seal, Logo, and Flags. Contractor shall not use the Department of Homeland Security seal(s), logos, crests, or reproduction of flags or likenesses of DHS agency officials BID AWARD AGREEMENT Packet Pg. 317 F.7.a M 4- without specific FEMA pre-approval. The Contractor shall include this provision in any 0 76 subcontracts. > 0 44.14 Changes to Contract. The Contractor understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract change or modification, change order or constructive change must be approved in writing by both the 76 County and Contractor. 44.15 Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The Contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. 44.16 No Obligation by Federal Government. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the COUNTY/non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. 44.17 Program Fraud and False or Fraudulent Statements or Related Acts. The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False , Claims and Statements) applies to the contractor's actions pertaining to this contract. 2 44.18 Energy Efficiency. If applicable, Contractor will comply with the Energy Policy and Conservation Act(P.L. 94-163; 42 U.S.C. §§6201 — 6422) and with all mandatory standards and policies relating to energy efficiency and the provisions of the state Energy Conservation Plan adopted pursuant thereto. U) 44.19 The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 44.20 If this Agreement is funded by the Florida Department of Emergency Management (FDEM), 0 the Contractor will be bound by the terms and conditions of any applicable Federally-Funded Sub-Award and Grant Agreement between the County and the Florida Division of Emergency Management (Division). 44.21 If applicable, the Contractor shall hold the Division and County harmless against all claims of whatever nature arising out of the Contractor's performance of work under this Agreement, to the extent allowed and required by law. 45. E-Verify System — Beginning January 1, 2021, in accordance with Fla. Stat., Sec. 448.095, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department N of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract : to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the BID AWARD AGREEMENT Packet Pg. 318 F.7.a M 4- work authorization of all new employees hired by the subcontractor during the Contract 0 76 term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of Fla. Stat., Sec. 448.095. 46. UNCONTROLLABLE CIRCUMSTANCE X Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area U) of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project;(each, a "Uncontrollable Circumstance"). CONTRACTOR'S financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within 7 days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek a no cost Change Order for such reasonable time as the Owners Representative may determine. U) 47. WARRANTY OF PERFORMANCE Contractor represents and warrants that it possesses the knowledge, skill, experience, and financial responsibility required to perform and provide all services set forth in the Scope of Work and that each person and entity that will provide services is duly qualified to perform such services by all appropriate governmental authorities, where required, and is sufficiently experienced and skilled in the area(s) for which such person or entity will render such services. Contractor represents and warrants that the services in the Scope of Work shall 4- be performed in a skillful and respectful manner, and that the quality of all such services shall equal or exceed prevailing industry standards for the provision of such services. 48. ENTIRE AGREEMENT This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Agreement shall be in writing, approved by the Board of County Commissioners, and signed by both parties before it becomes effective. N N 49. FINAL UNDERSTANDING V- BID AWARD AGREEMENT Packet Pg. 319 F.7.a Cu 4- This Agreement is the parties' final mutual understanding. It replaces any earlier 0 76 agreements or understandings, whether written or oral. This Agreement cannot be modified or replaced except by another written and signed agreement. c� X 76 CL U) 76 76 [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] U) 0 2 c� E cN cN cN 0) E BID AWARD AGREEMENT Packet Pg. 320 F.7.a M 4- 0 76 IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed this Agreement on the day and year first written above. c� (SEAL) BOARD OF COUNTY COMMISSIONERS 76 Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA By: By: As Deputy Clerk Mayor 76 Date: Date: 76 Witnesses for CONTRACTOR: CONTRACTOR: U) TYLER GAUTIER LANDSCAPING, INC., d/b/a G U IER TREE & LANDSCAPING ° Signaure of person authorized to U) Sig attire legally bind CONTRACTOR a Date: 1-4 CL CL Date Print Name Print Name and Title 0 -/vIl Address '(r" 1V0 C KY-ER '1 rFw.1 E Si nature r Telephone Number K)10�4212 Ard",C ZOX/ CN � �- -. Date Print Name MON �rcr To oars ROE COUNTY ATTORNEY'S'OFFICE N CN PATRIC'tA EA13LES ASSISTANT f / 1�58N'EY BID AWARD AGREEMENT c� Packet Pg. 321 F.7.a M 4- 0 ATTACHMENT "A" SCOPE OF WORK MURRAY NELSON GOVERNMENT CENTER SPECIFICATIONS FOR LANDSCAPE MAINTENANCE E General landscape maintenance work for approximately four(4)acres. 76 INTRODUCTION The Monroe County Parks Department has restructured its division, creating a need for vendor services to help maintain the grounds at its Murray Nelson Government and Cultural Center located at 102050 Overseas Hwy., Key Largo, FL 33037, and is currently accepting proposals to find a qualified provider to service the grounds of the property. 0 2 BACKGROUND Murray E. Nelson Government and Cultural Center is a concrete, 2-story, low-rise structure built in 2007-08, designed by architect Robert G. Currie and Associates. The Center houses three (3) conference rooms and provides access to the Peace Park at the rear of the 3.5-acre property, U' which overlooks Tarpon Basin in Florida Bay. The property is landscaped in native plants, keeping in-line with the very strong drive to protect the natural habitat of the Florida Keys. The grounds are currently in a maintained state, with the need for some updates to their upkeep to bring them in-line with the current standards of expectation. PROJECT DESCRIPTION 0 The County is seeking vendor services to maintain the grounds of the Murray E. Nelson Government and Cultural Center and the Peace Park in accordance with the following: - Please see map at the end of"Attachment A" for detail - 1) Contractor shall perform all routine gardening, landscape, mowing, and horticulture work necessary to properly maintain the grounds of the Murray E. Nelson Government and N Cultural Center. N 2) Contractor shall provide a qualified and competent workforce sufficient to perform and complete work required under this Agreement. All employees of Contractor must be authorized for work within the United States of America. Included in this workforce shall E ATTACHMENT "A" Packet Pg. 322 F.7.a M 4- be a thoroughly skilled and competent Supervisor who shall be directly responsible for 0 76 ensuring that this Agreement is complied with at all times. Workforce will include a working Foreman, who will be responsible for checking with a County representative daily. Workforce must be trained in landscape maintenance including, but not limited to, plant identification, proper pruning and mowing practices and irrigation management. Contractor's employee training program may be reviewed by the County prior to the LU selection of a successful bidder. 76 3) Contractor must have verifiable experience in providing landscape maintenance. At time 0- of bid, Contractor is to provide the County a list of references which includes a brief description of their experience and responsibilities with each listed reference. Contractor to provide resume of the Supervisor and Foreman to be assigned to the County's property, showing experience in landscape maintenance. 76 4) Contractor will immediately report any damage to the County's property by Contractor and shall be responsible for the repair, replacement, or restitution at its own cost, of any damage caused in whole or in part by its neglect or incompetence. 5) Contractor will clean and clear all common areas each scheduled workday and remove all visible foreign matter and debris - such as glass, tin cans, paper, masks, etc. U) 6) Contractor will remove on each scheduled work day all green waste debris - such as weeds, prunings, grass clippings etc. - from the premises. Any green waste which is too accumulative or large to be hauled off site by Contractor, shall be left in an area designated by the County to be removed by the County at the County's expense. c� 7) Contractor is responsible for providing, at its own cost, all power tools, machinery, and equipment to perform the work as herein specified. All pruning and trimming tools shall be cleaned after each use to prevent spreading of disease. 8) Contractor shall not be responsible for damage to County property from storm run-off, overflow, mechanical malfunction, or broken water lines, unless such damage would not have happened but for the neglect or incompetent acts or failure to act of Contractor or persons over whom Contractor has legal control or who are acting on Contractor's behalf. 0 9) Routine cleaning and maintenance of all drainage lines and catch basins will be performed by Contractor. 10) Contractor will be responsible for pressure cleaning of sidewalks around the building every 120 days. Note that this work will need to be coordinated through the County, to be completed on weekends or during other times of"low activity" at the building. 11) All vaults, valve boxes, and sprinklers will be neatly trimmed weekly between April and October and bi-weekly between November and March. The bases of trees, hydrants, light N and power poles will be trimmed on an as-needed basis throughout the year. N 12) Ground covers will not be permitted to climb except as specifically directed. 13) Mangrove trees are not to be trimmed, cut, or altered in any way, unless prior written consent is obtained from the County. E ATTACHMENT "A" Packet Pg. 323 F.7.a M 4- 14) For review of necessary work, an authorized representative of Contractor will conduct a 0 " 76 walk through" of grounds with a representative of the County. Contractor shall submit monthly written reports which should include, but not be limited to, the condition of the grounds, progress on projects, proposals for upgrades, etc. c� X LAWN MAINTENANCE 76 15) Contractor shall mow, trim, and edge all lawn areas weekly to maintain the lawn areas in a neat, and well-groomed manner. 16) Contractor shall fertilize all lawn areas utilizing an industry standard fertilizer to be applied at the manufacturer's recommended rate, in compliance with County fertilizer ordinances as stipulated in Chapter 12, Article 2 of the Code of Ordinances (see Attachment C"). 17) Contractor shall maintain complete weed, insect, and disease control over all lawn areas. 18) Contractor shall maintain adequate soil moisture via automatic irrigation to sustain a healthy, vigorous lawn. U) 0 TREE, SHRUB, and SHRUB BED MAINTENANCE 19) Contractor shall completely trim and edge all shrubs and shrub beds in a square cut manner as required to maintain a well-kept appearance. Hedges must be maintained with a narrower top than bottom for sunlight to reach the lower half of the plant. These hedges should be trimmed to remain within the confines of the surrounding pavement and to the U' height of the white trim line on the building. U) 20) Contractor shall fertilize trees and shrub beds every 120 days. Application rate not to exceed two (2) pounds of actual nitrogen per 1,000 square feet per year in accordance with Monroe County fertilizer ordinance. 21) Contractor shall maintain complete weed control of all shrubs and shrub beds on a regular 0 basis and as necessary to maintain a well-kept appearance. 22) Contractor shall clean all shrub beds as necessary to maintain a well-kept appearance. 23) Contractor shall completely control insects and disease on all trees and shrubs. 24) Stakes and ties will be installed, maintained, and removed in accordance with good tree management practices. 25) Contractor will be responsible for the removal of all noxious weeds and invasive plant , species, including Brazilian Pepper Trees. N N 26) Contractor shall adequately water all trees, shrubs, and shrub beds. ' 27) Contractor is liable for purchase and replacement of plant material which may be lost or . damaged as a result of careless or improper maintenance procedures. ATTACHMENT "A" Packet Pg. 324 F.7.a M 4- 0 PEST CONTROL 28) Pesticide applications will be made only where they have been recommended by a licensed pest applicator and such applications must be in strict accordance with applicable State and Federal regulations - which it is the responsibility of Contractor to know and be familiar with during the term of this Agreement. 29) No pesticides in Toxicity, Category One (Signal Words: Danger and Poison ) or "Toxicity, Category Two" (Signal Word: "Warning") will be utilized within the County's property without prior written permission from the County 30) All pesticide application equipment will be properly calibrated prior to use at the County's property. 76 31) Contractor shall provide the County with at least seventy-two(72) hours advance notice of 76 the spraying of any pesticide on County property. 32) Contractor shall possess and provide all appropriate, valid State of Florida Application Certificates, including but not limited to: Commercial Pesticide Applicators License, Commercial Pest Control Operator Certification, Limited Commercial Landscape Maintenance Certification, Limited Lawn and Ornamental Certification, and/or Limited 0 Urban Commercial Fertilizer Applicator Certification and State of Florida Contractors License. Contractor to be responsible for all continuing education hours necessary to keep licenses active. 33) Contractor shall keep accurate records of any and all applications. Contractor is responsible for reporting all chemicals and fertilizer used on property to the County in a format that is acceptable for submission to the Florida Department of Agriculture and Consumer Services (FDACS)or other government agencies as directed by the County. FIRST RIGHT OF REFUSAL As part of this contract, the Contractor shall retain First Right of Refusal for all property projects not contained within the line items listed above. This means, in the event that any of the following conditions become applicable, the Contractor shall receive the first offer to bid on or reject a project that is determined necessary by the County. Examples of such additional projects include but are not limited to: annual hardwood tree pruning, annual palm tree pruning, removal of dead trees, trimming of mangroves, installation of new plant and turfgrass material, major irrigation system repairs or additions, etc. N N N ATTACHMENT "A" Packet Pg. 325 F.7.a 0 i L- CL CL CL CL LL F LD e U) (D �� t3 (D CD CL U) U) (D (D CL CL L- 0 r— (D E (D 2 tm 04 04 CD 04 e e e (D E ATTACHMENT "A" " Packet Pg. 326 F.7.a M 4- 0 ATTACHMENT "B" SCOPE OF WORK PLANTATION KEY GOVERNMENT CENTER X SPECIFICATIONS FOR LANDSCAPE MAINTENANCE General landscape maintenance work for approximately seven (7) acres. U) 76 INTRODUCTION 76 The Monroe County Parks Department has restructured its division, creating a need for vendor services to help maintain the grounds at its Plantation Key Government Center, which includes the new Courthouse and Detention Center, located at 88820 Overseas Hwy., Tavernier, FL 33070, and is currently accepting proposals to find a qualified provider to service the grounds U) of the property. 0 BACKGROUND The Plantation Key Courthouse and Detention Center is a newly constructed, state-of-the-art facility designed by the architectural firm of Currie Sowards Aguila. The Center houses the 16th Judicial Circuit of Florida, Clerk of Court, State Attorney, Sheriffs Office, and Facilities Maintenance Office. The 6.7-acre property is landscaped in native plants, keeping in-line with the very strong drive to protect the natural habitat of the Florida Keys. Much of the grounds are currently in a grow-in state, with the need for some plant training and additional care to bring them in-line with the current standards of expectation. 0 PROJECT DESCRIPTION The County is seeking vendor services to maintain the grounds of the Plantation Key Courthouse and Detention center in accordance with the following: (Note: There is to be an Atrium installed under a skylight within the confines of the courthouse building that will be included within the maintenance scope of this property.) N N - Please see map at the end of"Attachment B" for detail - N 1) Contractor shall perform all routine gardening, landscape, mowing, and horticulture work necessary to properly maintain the grounds of the Plantation Key Courthouse and Detention Center. E c� ATTACHMENT "B" ' Packet Pg. 327 F.7.a M 4- 0 2) Contractor shall provide a qualified and competent workforce sufficient to perform and76 complete work required under this Agreement. All employees of Contractor must be 0 authorized for work within the United States of America. Included in this workforce shall be a thoroughly skilled and competent Supervisor who shall be directly responsible for ensuring that this Agreement is complied with at all times. Workforce will include a working Foreman,who will be responsible for checking with a County representative daily. 76 Workforce must be trained in landscape maintenance including, but not limited to, plant identification, proper pruning and mowing practices and irrigation management. Contractor's employee training program may be reviewed by the County prior to the selection of a successful bidder. U) 76 3) Contractor must have verifiable experience in providing landscape maintenance. At time of bid, Contractor is to provide the County a list of references which includes a brief description of their experience and responsibilities with each listed reference. Contractor E to provide resume of the Supervisor and Foreman to be assigned to the County's property, showing experience in landscape maintenance. 4) Contractor will immediately report any damage to the County's property by Contractor and shall be responsible for the repair, replacement, or restitution at its own cost, of any damage caused in whole or in part by its neglect or incompetence. 5) Contractor will clean and clear all common areas each scheduled work day and remove all visible foreign matter and debris - such as glass, tin cans, paper, etc. c� 6) Contractor will remove on each scheduled work day all green waste debris - such as U' weeds, prunings, grass clippings, etc. - from the premises. Any green waste which is too accumulative or large to be hauled off site by Contractor, shall be left in an area designated by the County to be removed by the County at the County's expense. 7) Contractor is responsible for providing, at its own cost, all power tools, machinery, and equipment to perform the work as herein specified. All pruning and trimming tools shall be cleaned after each use to prevent spreading of disease. 8) Contractor shall not be responsible for damage to County property from storm run-off, E overflow, mechanical malfunction, or broken water lines, unless such damage would not have happened but for the neglect or incompetent acts or failure to act of Contractor or persons over whom Contractor has legal control or who are acting on Contractor's behalf. 9) Routine cleaning and maintenance of all drainage lines and catch basins will be performed by Contractor. 10) Contractor will be responsible for pressure cleaning of sidewalks around the building N every 120 days. Note that this work will need to be coordinated through the County, to N be completed on weekends or during other times of"low activity" at the building. ' 11) All vaults, valve boxes and sprinklers will be neatly trimmed weekly between April and October and bi-weekly between November and March.The bases of trees,hydrants, light E c� ATTACHMENT "B" ' Packet Pg. 328 F.7.a cu 4- and power poles will be trimmed on an as-needed basis throughout the year,as directed 0 76 by the County. 0 12) Ground covers will not be permitted to climb except as specifically directed. 13) For review of necessary work, an authorized representative of Contractor will conduct a "walk through" of grounds with a representative of the County. Contractor shall submit monthly written reports which should include, but not be limited to, the condition of the 76 grounds, progress on projects, proposals for upgrades, etc. LAWN MAINTENANCE 14) Contractor shall mow,trim, and edge all lawn areas weekly to maintain the lawn areas in a neat, and well-groomed manner. 76 15) Contractor shall fertilize all lawn areas utilizing an industry standard fertilizer to be 76 applied at the manufacturer's recommended rate, in compliance with County fertilizer E ordinances as stipulated in "Chapter 12, Article 2 of the Code of Ordinances (see Attachment C"). 16) Contractor shall maintain complete weed, insect, and pest control over all lawn areas. 2 17) Contractor shall maintain adequate soil moisture via automatic irrigation to sustain a healthy, vigorous lawn. TREE, SHRUB, and SHRUB BED MAINTENANCE 18) Contractor shall completely trim and edge all shrubs and shrub beds in a square cut manner as required to maintain a well-kept appearance. Hedges must be maintained with a narrower top than bottom for sunlight to reach the lower half of the plant. These hedges should be trimmed to remain within the confines of the surrounding pavement and to the height of the first course line on the buildings. 19) Contractor shall fertilize trees and shrub beds every 120 days. Application rate not to exceed two (2) pounds of actual nitrogen per 1,000 square feet per year in accordance with Monroe County fertilizer ordinance. 20) Contractor shall maintain complete weed control of all shrubs and shrub beds on a regular basis and as necessary to maintain a well-kept appearance. 21) Contractor shall clean all shrub beds as necessary to maintain a well-kept appearance. 22) Contractor shall completely control insects and disease on all trees and shrubs. N 23) Stakes and ties will be installed, maintained, and removed in accordance with good tree N N management practices. 24) Contractor will be responsible for the removal of all noxious weeds and invasive plant species, including Brazilian Pepper Trees. E c� ATTACHMENT "B" ' Packet Pg. 329 F.7.a M 4- 25) Contractor shall adequately water all trees, shrubs, and shrub beds. 0 26) Contractor is liable for purchase and replacement of plant material which may be lost or damaged as a result of careless or improper maintenance procedures. c� X PEST CONTROL 27) Pesticide applications will be made only where they have been recommended by a licensed pest applicator and such applications must be in strict accordance with applicable State and Federal regulations - which it is the responsibility of Contractor to know and be familiar with during the term of this Agreement. No pesticides in "Toxicity, U) Category One" (Signal Words:"Danger"and"Poison")or"Toxicity,Category Two"(Signal Word: "Warning") will be utilized within the County's property without prior written permission from the County. 28) All pesticide application equipment will be properly calibrated prior to use at the County's property. 29) Contractor shall provide the County with at least seventy-two (72) hours advance notice of the spraying of any pesticide on County property. U 30) Contractor shall possess and provide all appropriate, valid State of Florida Application Certificates, including but not limited to: Commercial Pesticide Applicators License, Commercial Pest Control Operator Certification, Limited Commercial Landscape Maintenance Certification, Limited Lawn and Ornamental Certification, and/or Limited Urban Commercial Fertilizer Applicator Certification and State of Florida Contractors License. Contractor to be responsible for all continuing education hours necessary to keep licenses active. 31) Contractor shall keep accurate records of any and all applications. Contractor is responsible for reporting all chemicals and fertilizer used on property to the County in a format that is acceptable for submission to the Florida Department of Agriculture and Consumer Services (FDACS)or other government agencies as directed by the County. FIRST RIGHT OF REFUSAL As part of this contract, the Contractor shall retain First Right of Refusal for all property projects not contained within the line items listed above. This means, in the event that any of the following conditions become applicable, the Contractor shall receive the first offer to bid on or reject a project that is determined necessary by the County. Examples E of such additional projects include but are not limited to: annual hardwood tree pruning, N annual palm tree pruning, removal of dead trees, trimming of mangroves, installation of N new plant and turfgrass material, major irrigation system repairs or additions, etc. V- E c� ATTACHMENT "B" ' Packet Pg. 330 F.7.a 4- 0 0 L- CL CL L) as x CL CL F TSB tm z f w r r i� s CL i r U) (D CL CL II �I D h � m I r- (D E (D 2 tm 04 04 CD 04 CD e e e (D E ATTACHMENT "B" Packet Pg. 331 F.7.a ATTACHMENT "C" M 4- MONROE COUNTY FERTILIZER ORDINANCE 0 ARTICLE II. - USE OR APPLICATION OF FERTILIZERS CL CL Footnotes: X (2)-- Editor's note—Ord. No. 038-2009,&1, adopted Dec. 16, 2009,repealed Art. 11,§§12-25-12-32, which pertained to beach and shore preservation authority districts and derived from Code 1979,§§4-24-4-28, 4-31-4-33;Ord. No. 51-1987,§§1-3;Ord. No. 3 CL - 1988,§§1-5, 8-10. Subsequently, Ord. No. 018-2021,§3, adopted June 16, 2021,enacted a new art. 11 to read as herein set out. CL E Sec. 12-25. -Jurisdiction; administration. U) This article shall exclusively apply in unincorporated Monroe County, Florida, only, and does not apply within the territorial jurisdiction of any municipality within the county. ( Ord. No. 018-2021 , § 3) Sec. 12-26. - Purpose and intent. U) 0 2 This article regulates the proper use of fertilizers by any applicator and requires proper training of commercial and institutional fertilizer applicators and landscape maintenance companies by establishing a restricted season for fertilizer application, fertilizer-free zones, low maintenance zones, exemptions, training, and certification CL c� requirements.The article requires the use of best management practices which provide specific management guidelines to minimize negative secondary and cumulative environmental effects associated with the misuse of U) fertilizers and improper landscape maintenance practices.These secondary and cumulative effects have been observed in and on Monroe County's natural and artificial stormwater and drainage conveyances, lakes, canals, CL estuaries, interior freshwater wetlands, and Monroe County writ large. Collectively, these water bodies are an asset CL critical to the environmental, recreational, cultural and economic well-being of residents of and visitors to Monroe County and the health of the public. Regulation of nutrients, including both phosphorus and nitrogen contained in fertilizer, shall help improve and maintain water and habitat quality throughout Monroe County. ( Ord. No. 018-2021 , § 3) Sec. 12-27. -Construction and interpretation. This article is necessary for the health, safety, and welfare of the residents of and visitors to the county.This c14 c14 article shall be liberally construed to effect the public purpose(s) hereof. Interpretation of this article shall be construed in favor of Monroe County, and such construction and interpretation shall be entitled to great weight in adversarial administrative proceedings, at trial, in bankruptcy, and on appeal.To the extent of any conflict between this article and other Monroe County ordinances or regulations, and to the extent of any conflict within sections c� ATTACHMENT "C" ' Packet Pg. 332 F.7.a within this article, the more restrictive is deemed to be controlling. ( Ord. No. 018-2021 , § 3) 0 Sec. 12-28. - Definitions. 0 CL The phrases, terms, and words used in this article shall be, except as specifically defined otherwise herein, the CL same as they have been defined in the Monroe County Code of Ordinances and in the Monroe County Land c� Development Code. The following terms shall have the following specific definitions as used herein, unless the context clearly indicates otherwise: 6 Application or apply, or variants thereof shall mean the actual physical deposit of fertilizer to turf, specialized turf, or landscape plants. CL E Applicator shall mean any natural or legal person who applies fertilizer on turf, specialized turf, or landscape U) plants in Monroe County.The term includes but is not limited to persons, commercial fertilizer applicators and institutional applicators. Best management practices or BMP shall mean turf and landscape practices, or a combination of practices, based upon peer-reviewed research, field-testing, and expert review, determined to be the most effective and practicable on-location means, including economic and technological considerations, for improving water quality, U) 0 conserving water supplies, and protecting natural resources, and which minimize the negative environmental 2 impacts of installation and maintenance of landscapes. Best management practices training program shall mean a training program approved pursuant to F.S. § CL 403.9338, or any more stringent requirements set forth in this article, that includes the most current version of the U) Florida Department of Environmental Protection's "Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries, 2008." Commercial fertilizer applicator shall mean any natural or legal person who applies fertilizer in Monroe County, CL on property not owned by the person applying the fertilizer, or by the employer of the applicator, in exchange for CL money, goods, services, or other valuable consideration. 0 Fertilize,fertilizing, or fertilization shall mean the act of applying fertilizer to turf, specialized turf,trees, or E landscape plants. Fertilizer. Shall mean any substance or mixture of substances that contains one or more recognized plant nutrients and promotes plant growth, or controls soil acidity or alkalinity, or provides other soil enrichment, or provides other corrective measures to the soil.The term includes granular, liquid, rapid-release and slow or controlled release fertilizer. Fertilizer free zone shall mean within 20 feet from the seawall, riprap or bank or shoreline of any surface water of Monroe County and any storm drain, pond, stream, waterway, lake, canal, or wetland. N N Florida friendly landscaping shall mean quality, low-maintenance landscapes that conserve water, protect the environment, are adaptable to local conditions, and are drought tolerant.The principles of such landscaping include planting the right plant in the right place, efficient watering, responsible and appropriate fertilization, responsible and appropriate mulching, responsible and appropriate attraction of wildlife, responsible and appropriate ATTACHMENT "C" ' Packet Pg. 333 F.7.a management of yard pests, recycling yard waste, reduction of stormwater runoff, and waterfront protection. M Additional components include practices such as landscape planning and design, soil analysis, the 0 appropriate use of solid waste compost and minimizing the use of irrigation, pesticides, and fertilizers. > 0 Granular shall mean composed of small grains or particles. CL Green infrastructure shall mean a management approach engineered-as-natural ecosystems such as green X roofs, porous pavement, swales and rain gardens that largely rely on using soil and vegetation to infiltrate, evapotranspirate, or responsibly and appropriately utilize stormwater runoff and reduce flows to drainage CL collection systems. This practice aims to preserve, restore, and create green space using soils, vegetation, and rainwater harvest techniques. CL Guaranteed analysis shall mean the percentage of plant nutrients or measures of neutralizing capability claimed U) to be present in a fertilizer. High-impact areas in parks shall mean turf grass areas that are heavily utilized by pedestrian traffic year-round. Institutional applicator shall mean any natural or legal person, other than a non-commercial or commercial applicator,that applies fertilizer for the purpose of maintaining turf or landscape plants. Institutional applicators shall include, but shall not be limited to, owners, managers, employees, or agents of residential properties maintained in community associations such as a condominium association, a homeowners' association, or a .2 property owners' association, residential properties maintained in common ownership, industrial, commercial, or business sites, educational, religious institutions, and the like. CL c� Landscape maintenance shall mean activities carried out to manage and maintain landscape plants including but U) not limited to mowing, edging, and trimming. U) Landscape plant shall mean any native or exotic tree, shrub, or groundcover (excluding turf). Low impact development(LID)shall refer to systems and practices that use or mimic natural processes that result in the infiltration, CL CL evapotranspiration, or use of stormwater in order to protect water quality and associated aquatic habitat. LID is an approach to Ian development or redevelopment that works with nature to manage stormwater as close to its source as possible. 0 Low maintenance buffer or low maintenance zone shall mean an area a minimum of ten feet wide adjacent to water courses which is planted to capture and treat stormwater and is designed to capture and treat stormwater and is designed to not require fertilization, watering, mowing, etc. Organic fertilizers shall mean fertilizers that are derived from living materials, excluding biosolids. Examples of organic fertilizers include but are not limited to animal manures, composted materials, and plant residues. Organic fertilizers are usually considered to be "slow release" fertilizers because many of the nutrients must be broken 1 c14 down by soil microbes before they become available for plant uptake. Q 0) Person shall mean any natural or legal person, including but not limited to any human being, business, corporation, limited liability company, partnership, sole proprietorship, association, club, organization, or any group of people acting as an organized entity. E ATTACHMENT "C" ' Packet Pg. 334 F.7.a Rapid(quick)release or water-soluble nitrogen shall mean any product containing, including but not limited to: 4- 0 (1) Ammonium nitrate; (2) Ammonium sulfate; CL (3) Calcium nitrate; C' (4) Diammonium phosphate; X (S) Monoammonium phosphate; (6) Potassium nitrate; CL (7) Sodium nitrate; CL (8) Urea (not in the form of slow release nitrogen); or E U) (9) Others as may be designated by the Association of American Plant Food Control Officials. Restricted season shall mean May 1S through October 31, as well as during the time period during which a flood watch or flood warning, or a tropical storm watch or tropical storm warning, or a hurricane watch or hurricane warning, regardless of the time of year, is in effect for any portion of unincorporated Monroe County, or in any area of unincorporated Monroe County if heavy rain is likely or ongoing. Saturated soil shall mean a soil in which the voids are filled with water. Saturation does not require flow. For the purposes of this article, soils shall be considered saturated if standing water is present or if the pressure of a person standing on or an object lying on the soil causes the release of free water. �y Site supervisor shall mean the direct supervisor of landscape maintenance personnel. U) Slow or controlled release fertilizer shall mean a fertilizer containing a plant nutrient in a form which delays its availability for plant uptake and use after application, or which extends its availability to the plant significantly U) longer than a referenced "rapidly available nutrient fertilizer". CL Slow release, controlled release, timed release, or water insoluble nitrogen shall mean nitrogen in a form which CL delays its availability for plant uptake and use after application, or which extends its availability to the plant longer 0 than a reference rapid or quick release product. Forms of slow release, controlled release, slowly available, or water insoluble nitrogen include but are not limited to: (1) Isobutylidene diurea ("IBDU"); (2) Resin, polymer, or sulphur coated urea; (3) Biosolids or residuals from domestic wastewater treatment; (4) Ureaformaldehyde; CN cN (S) Composted animal manure; (6) Others as may be designated by the Association of American Plant Food Control Officials. Specialized turf shall mean areas of grass used for athletic fields, golf course practice, recreational or play areas, athletic fields, and other similar activities. c� ATTACHMENT "C" ' Packet Pg. 335 F.7.a Specialized turf manager shall mean a person responsible for fertilizing or directing the fertilization of specialized turf. 0 Surface water shall mean fresh, brackish, saline, or tidal waters, contained in bounds created naturally or 0 CL CL artificially, including but not limited to bays, creeks, ditches, estuaries, impoundments, lagoons, lakes, ponds, rivers, springs, streams, wetlands, water bodies, and including but not limited to canals, whether located in or on the X Atlantic Ocean side of Monroe County or in or on the Florida Bay or Gulf of Mexico side of Monroe County. Turf sod, or lawn shall mean a piece of grass-covered soil held together by the roots of the grass. CL Urban landscape shall mean pervious areas on residential, commercial, industrial, institutional, rights-of-way, orCL on other lands that are planted with turf or horticultural plants. U) ( Ord. No. 018-2021 , § 3) Sec. 12-29. -Timing of fertilizer use. (a) No applicator shall apply fertilizers containing nitrogen or phosphorus, or both, to turf or landscape plants during a restricted season. U) 0 (b) Fertilizer shall only be applied to actively growing turf and plants and not to saturated soil. U c Fertilizer containing nitrogen or phosphorus, or both, shall not be applied before seeding or sodding a LO ( ) g g P P PP g g 0 site and shall not be applied for the first 30 days after seeding or sodding except when hydroseeding for temporary or permanent erosion control in an appropriate emergency situation (e.g.,wildfire, etc.) or in accordance with the stormwater pollution plan for that site. ( Ord. No. 018-2021 , § 3) U) Sec. 12-30. - Fertilizer-free zones. CL CL (a) Except as provided in subsection (b) immediately below, fertilizer shall not be applied within 20 feet of 0 any breakwater, bulkhead, bulwark, canal, dock, pier, revetment, rip-rap, wharf, or within 20 feet of any E seawall, or within 20 feet of any altered or unaltered shoreline, or within 20 feet of any surface water. In the event of a conflict,the greater extent of distance shall control. By way of example, therefore, if an area is not within 20 feet of a surface water, but is within 20 feet of a breakwater, bulkhead, bulwark, canal, dock, pier, revetment, rip-rap, wharf, seawall, etc., the fact of such area's falling within 20 feet of such breakwater, bulkhead, bulwark, canal, dock, pier, revetment, rip-rap, wharf, seawall, etc., shall prohibit fertilizer from being applied in such area. � c14 (b) Spreader deflector shields are required when fertilizing adjacent to all impervious surfaces, any fertilizer- ) free zones, low maintenance buffer or low maintenance zones, surface waters, and water-bodies, including but not limited to wetlands. E (c) Newly planted turf and landscape plants may be fertilized within a fertilizer-free zone only for a 60-day ATTACHMENT "C" ' Packet Pg. 336 F.7.a period beginning 30 days after planting, if needed,to allow the plants to become well established and M caution is used to prevent direct deposition of nutrients into the water. 0 ( Ord. No. 018-2021 , § 3) 0 CL CL Sec. 12-31. - Fertilizer content and use rates. X (a) Fertilizers applied to turf or landscape plants within the unincorporated county shall be applied to such turf or landscape plants at the lowest recommended rate according to the "Florida Green Industries Best Management Practices for Protection of Water Resources in Florida, December 2008,"with no more than two pounds of nitrogen per 1,000 square feet applied in any calendar year. CL E (b) Liquid fertilizers containing nitrogen shall not be applied to turf or landscape plants within the unincorporated U) county (c) Granular fertilizers containing nitrogen applied to turf or landscape plants within the unincorporated county shall contain at least 50 percent slow release, controlled release,timed release, slowly available, or water insoluble nitrogen per guaranteed analysis label. Caution should be used to prevent direct deposition of nutrients in the water (d) Fertilizers containing nitrogen or phosphorus, or both, applied to turf or landscape plants within the unincorporated county, shall contain not less than 65 percent slow release, controlled release, timed .2 release, slowly available, or water insoluble nitrogen per guaranteed analysis label. Caution should be LO used to prevent direct deposition of nutrients in the water. CL (e) Except as provided in paragraphs (a)—(d) of this section, fertilizers applied to turf and landscape plants U) within the county shall be formulated and applied in accordance with requirements and directions provided by Florida Administrative Code Rule 5E-1.003(4) ("Labeling Requirements for Urban Turf Fertilizers"). Stated otherwise, applicators shall not apply fertilizer in violation of said fertilizer label directions. CL CL (f) Fertilizer containing nitrogen or phosphorus, or both, shall not be applied before seeding or sodding 4- a site and shall not be applied for the first 30 days after seeding or sodding, except when hydroseeding for temporary or permanent erosion control in an emergency situation (e.g., saltwater floods, etc.), or in accordance with the Stormwater Pollution Plan for that site. �s (g) No more than 0.50 lb. of readily available nitrogen per 1,000 square feet shall be applied to any turf or landscape area in one application or use.This includes no more than one pound total nitrogen per 1,000 square feet applied at any one time of granular fertilizer and no more than one-half pound of nitrogen per 1,000 square foot area per application of liquid fertilizer. � c14 (h) Phosphorus fertilizer shall not be applied to turf or landscape plants unless a soil deficiency has been s verified by an approved test. Where a deficiency has been professionally verified by an approved test, phosphorus fertilizer shall not be applied at application rates that exceed 0.25 lbs. of phosphorus per 1,000 square feet per application and not to exceed 0.50 lbs. of phosphorus per 1,000 square feet per ATTACHMENT "C" ' Packet Pg. 337 F.7.a year. 4- (i) Where fertilizer application or use is not described in this article,fertilizer shall be applied in accordance 0 with the requirements and directions provided by Florida Administrative Code Rule 5E-1.003 for turf and L_ as found in OF/IFAS recommendations for landscape plants, vegetable gardens, fruit trees, and shrubs.( CL CL Ord. No. 018-2021, § 3) X Sec. 12-32. - Fertilizer use practices. (a) No person shall apply fertilizers containing nitrogen or phosphorus, or both, to turf or landscape plants CL during the restricted season. CL E (b) Spreader deflector shields are required when fertilizing via rotary (broadcast) spreaders. Deflectors U) mustbe positioned such that fertilizer granules are deflected away from all impervious surfaces, any fertilizer-free zones, low maintenance buffer or low maintenance zones, surface waters, and water- bodies, including but not limited to wetlands. LL (c) Fertilizer shall not be applied, spilled, or otherwise deposited on any impervious surfaces. d An fertilizer applied, spilled, or deposited, either intentional) or accidental) on an impervious surface ( ) Y pp � p� p Y Y, Y p shall be immediately and completely removed to the greatest extent practicable. c� (e) Fertilizer released on an impervious surface must be immediately contained and either lawfully applied to turf or any other site or returned to the original or other appropriate container. �y (f) In no case shall fertilizer be washed, swept, or blown off impervious surfaces into any surface water or c� into any low maintenance or fertilizer-free zone or into any water-bodies or stormwater or drainage drain or drainage conveyance. U) (g) In no case shall fertilizer be washed, swept, or blown off or around trunks of palms or tree wells or in tree pits. CL CL ( Ord. No. 018-2021 , § 3) 0 Sec. 12-33. - Exceptions. E (a) Sections 12-29, 12-30, 12-31, and 12-32 shall not be applicable to: �a (1) Golf courses. For all existing public and private golf courses, the provisions of the Florida Department of Environmental Protection document, titled "BMPs for the Enhancement of Environmental Quality on Florida Golf Courses,January 2012", and provisions set forth in section 12-34 are required, and shall be followed when applying fertilizer to golf courses. � c14 (2) High impact areas in existing public parks and public athletic fields. Specialized turf managers are s required to follow the provisions of the "Florida Green Industries Best Management Practices for Protection of Water Resources in Florida, December 2008," for turf and landscape plants, and provisions set forth in section 12-34. ATTACHMENT "C" ' Packet Pg. 338 F.7.a (3) Fruit trees and fruit shrubs, provided that fertilizer application rates do not exceed University of M Florida (UF)/Institute of Food and Agricultural Sciences (IFAS) maximum recommendations. 0 (4) Yard waste compost, mulches, or other similar materials that are primarily organic in nature and are L- CL applied to improve the physical condition of the soil. CL (S) Tree trunk injection fertilization treatments that are performed by a certified arborist. c� X (b) Sections 12-29, 12-30, 12-31, and 12-32, shall not be applicable to the extent expressly preempted by general law. ( Ord. No. 018-2021 , § 3) CL E Sec. 12-34. -Golf courses, athletic fields, specialized turf, and greenspace requirements. (a) All new public and private golf course greens and all renovated golf course greens, provided their renovation exceeds SO percent of its total area, shall meet all of the following requirements: U) c� LO c� U) U) CL CL 0 cN cN cN E c� ATTACHMENT "C ' Packet Pg. 339 F.7.a (1) Incorporate best management practices as defined in the "Best Management Practices for the Enhance Environmental Quality on Florida Golf Courses," published by the Florida Department of Environmental 4- (2) Provide the use of native or Florida-friendly trees, shrubs, and ground cover landscaping in more than 0 80 percent of the total areas designated for non-play. 0 CL (3) Specify a certified turfgrass groundcover species for all play areas that require(s) the least amount of CL fertilizer and water consumption. cy X (4) Incorporate the use of green infrastructure elements and/or low impact development (LID) design in the design of the golf course's drainage system and in allowing ample, uncompacted areas for tree root growth. (S) Provide a minimum ten-foot low-maintenance buffer adjacent to surface water(s), breakwater(s), CL bulkhead(s), bulwark, canal, dock, pier, revetment, rip-rap, wharf, seawall, and stormwater or U) drainage drain or drainage conveyance, including but not limited to stormwater or drainage inlets. (b) All new athletic fields and all renovated athletic fields, provided their renovation exceeds SO percent of its total area, shall meet all of the following requirements: (1) Incorporate best management practices for landscaping by including the use of native and Florida- friendly trees, shrubs, and ground cover landscaping. U) (2) Incorporate the use of green infrastructure elements and/or low impact development (LID) design in the design of the field's drainage system and in allowing ample, uncompacted areas for tree root LO growth. (3) Include at minimum a ten-foot low-maintenance buffer adjacent to surface water(s), breakwater(s), c� U) bulkhead(s), bulwark, canal, dock, pier, revetment, rip-rap, wharf, seawall, and stormwater or drainage drain or drainage conveyance, including but not limited to stormwater or drainage inlets. U) (c) Requests for exceptions to from the requirements set forth in sections 12-34(a) or(b) shall be submitted in writing, on a form prescribed and approved by the county administrator, or his or her designee, CL CL detailing the project's design and details, demonstrating that good faith effort has been made to achieve 0 substantial compliance with all applicable requirements, and explaining what non-self-created-hardship a would be incurred if a proposed exception is not granted. The county administrator or his or her designee E shall have discretion to administratively approve or reject exception requests on a case-by-case basis. (d) Fertilizers applied to private parks, specialized turf, including athletic fields and high impact or high intensity areas within the unincorporated county shall be formulated and applied in accordance with requirements and directions provided by Florida Administrative Code Rule SE-1.003(b)(b). (e) Fertilizers applied to turf and landscape plants within the unincorporated county shall be formulated and cN cN applied in accordance with requirements and directions provided by Florida Administrative Code Rule SE- c1,4 1.003(4) (Labeling for Urban Turf Fertilizers). Stated otherwise, applicators shall not apply fertilizer in violation of said fertilizer label directions. ; ( Ord. No. 018-2021 , § 3) E ATTACHMENT "C" Packet Pg. 340 F.7.a M 4- 0 Sec. 12-35. -Certification and best management practices training programs. 0 L_ (a) All commercial and institutional applicators within or doing work in the CL CL unincorporated county shall obtain the limited certification for urban landscape c� fertilizer application provided for under F.S. § 482.1562, within 365 days of adoption of this article, or within 90 days of initial employment, whichever occurs later. Such applicators are required to keep a copy of such certificate with them during CL application activities and shall present the certificate to Monroe County, upon CL request. E (b) All commercial and institutional applicators of fertilizer within the unincorporated U) county shall abide by and successfully complete the six-hour training program in the "Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries" offered by the Florida Department of Environmental Protection through the OF/IFAS program. Completion of this training program shall be repeated a minimum of once every five years. (c) Persons are encouraged to follow the recommendations of the OF/IFAS Florida Yards and Neighborhoods program when applying fertilizers. (d) All applicators or specialized turf managers of fertilizer shall abide by and successfully complete the "Florida Golf Course Best Management Practices c� Certification Training" offered by the University of Florida. Completion of this training program shall be repeated a minimum of once every five years. (e) Monroe County strongly recommends the establishment of training programs using both English- speaking and Spanish-speaking certified bestCL CL management practice (BMP)trainers. 0 ( Ord. No. 018-2021 , § 3) E Sec. 12-36. -Training of commercial applicators. (a) All commercial applicators of fertilizers within the unincorporated county should abide by and successfully complete training and continuing education requirements in the "Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries" offered by the Florida Department of Environmental � c14 Protection through the OF/IFAS "Florida-Friendly Landscapes" program prior to obtaining a local tax receipt for any category of occupation which may apply any fertilizer to turf or landscape plants. ATTACHMENT "C" Packet Pg. 341 F.7.a M 4- (b) All businesses applying fertilizer to turf or landscape plants (including but not limited to 0 residential lawns, golf courses, commercial properties, and multi-family and properties 0 CL maintained in one or more community association(s), must ensure that at least one CL employee has an appropriate "Florida-Friendly Best Management Practices for cy Protection of Water Resources by the Green Industries" training certification prior to the business owner obtaining a business tax receipt. 6 ( Ord. No. 018-2021 , § 3) CL Sec. 12-37. - Enforcement and penalties. U) (a) Violations. Violations of this article may be prosecuted by original county or circuit court action, or under F.S. ch. 162, administratively, at law, and in equity, as may be necessary to enforce LL compliance with this article, and to collect damages in the form of costs and/or fines authorized by law.lnjunctive relief. The county attorney is authorized to prosecute violations of this article by civil action, inclu not limited to injunctive U) 0 relief. 2 (b) Units of prosecution. Each incidence of a violation under this article constitutes a separate violation and offense, and a separate violation and offense will be deemedCL committed each day during or on which a violation occurs or continues. U) (c) Joint-and-several liability. All owners, part owners,joint owners, tenants-in- common, tenants in partnership,joint tenants, tenants by the entirety, lessees, sub- lessees, assignees, sub-assignees, and holder(s) of legal or beneficial title to or CL interest in a business organization and/or property and/or violator held in violation CLof this article, shall be jointly-and-severally liable with respect to any legal or 4- equitable judgment or relief obtained against it to enforce this article. (d) Costs. Any court of competent jurisdiction, administrative hearing officer, the Monroe County Code Compliance Special Magistrate, are authorized to impose against violator(s) of this article any costs associated with cessation and/or remediation of a violation(s) of this article. (e) No waiver or estoppel. It being that Monroe County possesses discretion to enforce c14 this article, its delay or failure to enforce any provision contained in this article, c14 c14 however long continued, shall not be deemed a waiver or estoppel of the right for it s to enforce this article at any time thereafter. (f) Attorneys'fees and costs. If the county prevails in an enforcement action against a ATTACHMENT "C" Packet Pg. 342 F.7.a M 4- person found to be in violation of this article, the county shall be entitled to recover its 0 costs of investigation, attorneys'fees and other costs to the extent permitted by 0 CL law. CL ( Ord. No. 018-2021 , § 3) cs X Sec. 12-38. - Provisions to be cumulative. CL This article is cumulative to any other substantive laws, ordinances, regulations, and rules, CL and is cumulative to any enforcement procedure that those laws, ordinances, regulations, E and rules may provide. This article does not supersede or repeal or otherwise modify those U) laws, ordinances, regulations, rules, or enforcement procedures thereunder in any way. Monroe County may elect to take any or all remedies concurrently, and the pursuit of one LL does not preclude the pursuit of another. ( Ord. No. 018-2021 , § 3) U) 0) 2 Secs. 12-39-12-52. - Reserved. c� CL CL 0 N N N E ATTACHMENT "C" Packet Pg. 343 F.7.a M 4- 0 ATTACHMENT "D" DAVIS-BACON WAGES STATEMENT CL CL "General Decision Number: FL20220022 07/01/2022 Superseded General Decision Number: FL20210022 State: Florida Construction Type: Building CL County: Monroe County in CL Florida. U) BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories) . LL Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive U) Orders apply to covered contracts entered into by the cis federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set �s forth at 29 CFR5.1(a)(2)-(60) . JIf the contract is entered 1 Executive Order 14026 1 linto on or after January 30, 1 generally applies to the 1 ®a 12022, or the contract is 1 contract. 1 lrenewed or extended (e.g., an 1 The contractor must pay 1 loption is exercised) on or 1 all covered workers at 1 lafter January 30, 2022: 1 least $15.00 per hour (or 1 I I the applicable wage rate 1 I I listed on this wage 1 I I determination, if it is 1 I I higher) for all hours 1 I I spent performing on the 1 I I contract in 2022. 1 JIf the contract was awarded onl . Executive Order 13658 1 for between January 1, 2015 and) generally applies to the 1 JDanuary 29, 2022, and the 1 contract. 1 lcontract is not renewed or 1 The contractor must payalll lextended on or after January 1 covered workers at least 1 130, 2022: 1 $11.25 per hour (or the I N I I applicable wage ratelistedl N I I on this wage determination, I I I if it is higher) for all I I I hours spent performing on I I I that contract in 2022. 1 ; I I I E c� ATTACHMENT "D" ' Packet Pg. 344 F.7.a M 4- The applicable Executive Order minimum wage rate will be 0 adjusted annually. If this contract is covered by one of y the Executive Orders and a classification considered 0- CL necessary for performance of work on the contract does CL not appear on this wage determination, the contractor must still submit a conformance request. c� X Additional information on contractor requirements and worker protections under the Executive Orders is available at https://www.dol.gov/agencies/whd/government-contracts. CL CL Modification Number Publication Date U) 0 01/07/2022 1 01/14/2022 2 02/25/2022 3 07/01/2022 LL ELEC0349-003 09/01/2021 Rates Fringes U) ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 37.61 11.72 --------------------------------------------------------------- ENGI0487-004 07/01/2013 LO Rates Fringes C, OPERATOR: Crane U) All Cranes Over 15 Ton Capacity. . . . . . . . . . . . . . . . . . . .$ 29.00 8.80 Yard Crane, Hydraulic Crane, Capacity 15 Ton and Under. . . . . . . . . . . . . . . . . . . . . . .$ 22.00 8.80 --------------------------------------------------------------- CL CL IRON0272-004 10/01/2021 0 Rates Fringes IRONWORKER, STRUCTURAL AND REINFORCING. . . . . . . . . . . . . . . . . . . . . .$ 26.00 14.16 -------------------------------------------• �s PAIN0365-004 06/01/2021 Rates Fringes PAINTER: Brush Only. . . . . . . . . . . . .$ 20.21 12.38 CN * SFFL0821-001 07/01/2022 Q cN Rates Fringes SPRINKLER FITTER (Fire Sprinklers). . . . . . . . . . . . . . . . . . . . . .$ 31.28 21.34 --------------------------------------------------------------- ATTACHMENT "D" ' Packet Pg. 345 F.7.a M 4- SHEE0032-003 12/01/2013 0 Rates Fringes 0 CL CL SHEETMETAL WORKER (HVAC Duct Installation) . . . . . . . . . . . . . . . . . . . .$ 23.50 12.18 c� * SUFL2009-059 05/22/2009 Rates Fringes CL CARPENTER. . . . . . . . . . . . . . . . . . . . . . . .$ 15.08 5.07 CL CEMENT MASON/CONCRETE FINISHER. . .$ 12.45 ** 0.00 U) FENCE ERECTOR. . . . . . . . . . . . . . . . . . . .$ 9.94 ** 0.00 ra LABORER: Common or General. . . . . .$ 8.62 ** 0.00 LABORER: Pipelayer. . . . . . . . . . . . . .$ 10.45 ** 0.00 OPERATOR: Backhoe/Excavator. . . . .$ 16.98 0.00 OPERATOR: Paver (Asphalt, U) Aggregate, and Concrete) . . . . . . . . .$ 9.58 ** 0.00 0 OPERATOR: Pump. . . . . . . . . . . . . . . . . $ 11.00 ** 0.00 LO PAINTER: Roller and Y S ra . . . . $ 11.21 ** 0.00 P CL c� PLUMBER. . . . . . . . . . . . . . . . . . . . . . . . . $ 12.27 ** 3.33 U) ROOFER: Built Up, Composition, Hot Tarand Single Ply. . . . . . . . . . . . . . . . . . . . . . $ 14.33 ** 0.00 SHEET METAL WORKER, Excludes CL CL HVAC Duct Installation. . . . . . . . . . $ 14.41 ** 3.61 0 TRUCK DRIVER, Includes Dump and 10 Yard Haul Away. . . . . . . . . . . $ 8.00 ** 0.15 ---------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ---------------------------------------------------------------- ** Workers in this classification may be entitled to a C14 higher minimum wage under Executive Order 14026 Q ($15.00) or 13658 ($11.25). Please see the Note at the top of the wage determination for more information. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is c� ATTACHMENT "D" ' Packet Pg. 346 F.7.a M 4- awarded (and any solicitation was issued) on or after 0 January 1, 2017. If y this contract is covered by the EO, the contractor must 0- CL provide employees with 1 hour of paid sick leave for CL every 30 hours they work, up to 56 hours of paid sick leave each year. c� Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to CL the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional U) information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). U) 0 2 --------------------------------------------------------------- LO The body of each wage determination lists the CL classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the U) area covered by the wage determination. The classifications are listed in alphabetical order of M ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). CL CL Union Rate Identifiers 0 A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number CN used in processing the wage determination. 07/01/2014 is cN the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all ; rate changes in the collective bargaining agreement (CBA) governing this classification and rate. c� ATTACHMENT "D" ' Packet Pg. 347 F.7.a M 4- 0 Survey Rate Identifiers y 0 L_ CL Classifications listed under the ""SU"" identifier indicate CL that no one rate prevailed for this classification in the survey and the published rate is derived by computing a c� weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU CL indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. CL LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. U) The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. LL Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers U) 0 2 Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data �y reported for the classifications was union data. CL EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates U) the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the U) classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in CL CL January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. --------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination � * a survey underlying a wage determination c14 * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the E c� ATTACHMENT "D" ' Packet Pg. 348 M � Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, CL then the process described in 2.) and 3.) should be CL followed. With regard to any other matter not yet ripe for the x formal process described here, initial contact should W be with the Branch of Construction Wage Determinations. Write M � to: Branch of Construction Wage Determinations Wage CL and Hour Division M U.S. Department of Labor 1U) 288 Constitution 4menue, N.W. Washington, D[ 28218 2.) If the answer to the question in 1.) is yes, then an � interested party (those affected by the action) can L request review and reconsideration from the Wage and Hour Administrator (See 29 [FR Part 1.8 and 29 [FR Part 7) . Write to: C� Wage and Hour Administrator U.S. Department of Labor 288 Constitution Avenue, N.W. � mw Washington, D[ 28218 CL The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, � area practice material, etc.) that the requestor � considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to CL the Administrative Review Board (formerly the Wage ~ Appeals Board). Write 0 to: *+ Administrative Review Board U.S. Department of Labor 288 Constitution 4menue, N.W. n� � Washington, D[ 28218 4.) All decisions by the Administrative Review Board arefinaI. � � � ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ mm ~~~~ END OF GENERAL DE[ISI0^ CN � � /gTACHMENT ^O^ ~- F.7.a M 4- 0 ATTACHMENT "E" BYRD-ANTI LOBBYING CERTIFICATION APPENDIX A, 44 C.F.R. PART 18- CERTIFICATION REGARDING LOBBYING X (To be submitted with each bid or offer exceeding $100,000) 76 Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies,to the best of his or her knowledge and belief, that: CL 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative E agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a 2.1 Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to E CL Report Lobbying," in accordance with its instructions. U) 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, ®' U) subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.This certification is a material representation CL of fact upon which reliance was placed when this transaction was made or entered into. CL Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than E $100,000 for each such failure. The Contractor, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38,Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. N N Signature of Contractor's Authorized Official N Name and Title of Contractor's Authorized Official Date E c� ATTACHMENT "E" Packet Pg. 350 F.7.a INSTRUCTIONS FOR COMPLETION OF SF-LLL, M 4- DISCLOSURE OF LOBBYING ACTIVITIES 0 0 This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C.section 1352. The filing of a foram is required for such � payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency,a �y Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. X Attach a continuation sheet for additional information if the space on the foram is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional � information. CL 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence,the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. E 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported,enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted t) report by this reporting entity for this covered Federal action. 4. Enter the full name,address,city,state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in Iterm 4 checks"Subawardee"then enter the full narme,address,city,state and zip code of the qp prime Federal recipient. Include Congressional District,if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below � agency name,if known. For example,Department of Transportation,United States Coast Guard. I 7. Enter the Federal programname or description for the covered Federal action(item1). If known,enter the full Catalog of Federal 0 Domestic Assistance(CFDA)number for grants,cooperative agreements,loans and loan commitments. � 8. Enter the most appropriate Federal identifying number available for the Federal action identification in item I(e.g., Request for 2.1 Proposal(RFP)number,Invitation for Bid(IFB)number,grant announcerment number,the contract grant.or loan award number,the LO application/proposal control number assigned by the Federal agency). Include prefixes,e.g., "RFP-DE-90-001." � 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of � the award/loan commitments for the prime entity identified in item 4 or 5. � 10. (a)Enter the full name,address,city,state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to t) 'L3 influence the covered Federal action. (b)Enter the full names of the individual(s)performing services and include full address if different from 10(a). Enter Last Name, � First Name and Middle Initial(MI). U IL Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(item 4)to the lobbying entity(item � 10). Indicate whether the payment has been made(actual)or will be made(planned). Check all boxes that apply. If this is a qp material change report,enter the cumulative amount of payment made or planned to be made. C' CL 12. Check the appropriate box. Check all boxes that apply. If payment is made through an in-kind contribution,specify the nature and 0 value of the in-kind payment. 4- 13. Check the appropriate box. Check all boxes that apply. If other,specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s)or employee(s)contacted or the officer(s)employee(s)or Meruber(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s)is attached. 16. The certifying official shall sign and date the form,print his/her name title and telephone number. � Public reporting burden for this collection of information is estimated to average 30 minutes per response,including time for reviewing instruction, searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project N N (0348-0046),Washington,D.C.20503. SF-LLL Instructions Rev.06-04-90«ENDIF» 2-6d PART 2/COUNTY E ATTACHMENT "E" Packet Pg. 351 F.7.a ATTACHMENT "F" 0 MINORITY OWNED BUSINESS DECLARATION 0 Minority Owned Business Declaration CL C. a sub-contractor engaged by Monroe County during the completion of work associated with the below indicated project (Check one) W is a minority business enterprise, as defined in Section 288.703, Florida Statutes or is not a minority business enterprise, as defined in Section 288.703, Florida CL Statutes. F.S.288.703(3) "Minority business enterprise" means any small business concern as defined in subsection (6)(see U) below)which is organized to engage in commercial transactions,which is domiciled in Florida,and which is atleast 51-percent-owned by minority persons who are members of an insular group that is of a particular racial,ethnic, or gender makeup or national origin,which has been subjected historically to disparate treatment due to identification in and with that group resulting in an underrepresentation of commercial enterprises under the group's control,and whose management and daily operations are controlled by such persons.A minority business enterprise may primarily involve the practice of a profession.Ownership by a minority person does not include ownership which is the result of a transfer from a nonminority person to a minority person within a related immediate family group if the combined total net asset value of all members of such family group exceeds$1 million. For purposes of this subsection,the term "related immediate family group" means one or more children c� under 16 years of age and a parent of such children or the spouse of such parent residing in the same house or livingunit. CL �s F.S 288.703(6) "Small business" means an independently owned and operated business concern that employs 200 or fewer permanent full-time employees and that,together with its affiliates, has a net worth of not more than $5 U) million or any firm based in this state which has a Small Business Administration 8(a) certification.As applicable to sole proprietorships, the $5 million net worth requirement shall include both personal and business investments. Contractor may refer to F.S. 288.703 for more information. Contractor Sub-Recipient: Monroe County CL CL Signature Signature ,0 Print Name: Printed Name: Title: Title/OMB Department:-Verified via: hgps:Hosd.dms.myflorida.com/directories � c� ATTACHMENT "F" Packet Pg. 352 m 4- 0 Address: City/State/Zip- 0 CL CL Date: DEM Contract: x FEMA Project Number: w CL E U) .2 CL U) CL CL 0 9= 0 E N N Q N 0) 4i E ATTACHMENT "F Packet Pg. 353 F.7.b Eables-Patricia From: Admin@gautiertreelandscape.com Sent: Friday, September 16, 2022 11:53 AM CL To: Eables-Patricia o U) Subject: Upper Keys Landscaping Maintenance - Multiple Locations U) CAUTION:This email originated from outside of the County.Whether you know the sender or not, do not click links or �e open attachments you were not expecting. 0 CL CL Good morning Patricia, As per our conversation yesterday in regards to the Upper Keys Landscaping Maintenance Bid;we will honor the price that you received with our bid. Please disregard the revised quote that we sent. 0 Regards, � '7yei 04ar&t - puja e Gautier Tree & Landscape 76 100410 Overseas Hwy. Ste 303 Key Largo, FL 33037 Office- (305) 735-4668 N N 090 V- G X ' 11' R AU1. ,E I pW 0 # 0 a 0 0 E c� i Packet Pg. 354 83MUNUIeW Buideospue-Imn-4994sunw I cy - !WW u0'p I s- O -9 -9 :4Ugwg3 ,n U LA n; M U. 6) G. Q� J4 U RS G. 1 I o I I 1 0 tl tl A I o 1 u w A 1 I p r 1 0 I W 1 1 1 t W p p tl r l 1 X W q X a a u I I o I r 1 W N n I a W n 1 1 0 1 1 1 1 w W r 1 w a 1 1 1 1 1 1 1 X a n tl 1 q W Y 1 1 B I 1 1 q m G { q m 1 I tl I 1 W I n I r, °. .------__-_.. ----1-4p-----u I p o r q 1 w o o e ._----__;uo, ------- Y q m 1 1 1 1 ! I 1 A tl I II p I I 1 I I 1 q 1 n I N 1 u I tl o I X 1 m a G e e� A w f 1 1 1 1 1 1 X 1 p I r .m.-mmro.........._--11e__i&G-----LYr----J11_L11_,_mmtlr LiP r0I'. ..._.........,_,l_______41 I W I 1 1 1 q 1 1 I 1 I r 1 I I 1 R 1 I 1 P f I I 1 I I 1 Y 1 I 1 p 1 1 1 I tl I I I 1 Y 1 I G X B 1 1 1 p 1 1 1 1 II 1 1 fi a P. f 1 1 ®qj UCTI�LIIJ'Ii i i i i i n i e rc i i i I 1 •"�r tl l ���t Y 1 I II N I 1 (n 1 i�L'35�Y�1�1i i �ii i "q 1 r i i ✓� i o i i 4� p,i a 1 lA i J i eDAIIPN ap1191 I x I 1 a q l n p A t p I 1 1 I 0, ____—_---,______ _____ I - � 1 I A I w B q W tl F I R 1 M y [kId eospuL311 i i i yp n i o e n e° i i i i (.A � 1 1 I i�"k�' 1 I ^�,o s'" 1 a a I I 1 I R,• 1 w 0 1 1 p p W N q X 1 1 1 I tl .... y� ..........«-_-___.________d__i._.__.__L----.y_p-----d__.,__L,.&.....,...,d,..,..,.........i..d,...»......L..-,__._L---------1.__.-,--__ MM.. I 1 1 tl tl tl I n 1 I 1 CV � @ C@ em p u pi 1 I �} B 1 ��1 ..+'"'�`a A �p"" 0 .✓`r.. o i'. � `u G✓ p p 1 1 ��,,,1 '., {� �u 1 r .,M✓I i i�� I fl 1 I I I I �. ' e r I u p o W G 1 1 m I tl 1 1 1 m 1 P q a 1 I 1 1 4. 1 L I 1 Y a I m 0 B I 1 1 f'"1 .--..-.-,..-...,...--._.._,..__..__ .... .. ra ,ys p 1 (jJ 1 6 w 1 f a G r 1 1 I L E Fa f6 I p U r u a L q r. o W 1 I i I 1 crro p 1 CJ 1 G w �.. t P (/"1 1 (S}w A 1 p 1 _1 ( E X U 1 [[ I 1 iw.n G (�^I 1 I 1 1-✓ ��nn p 1 1 1 I m {,/'y tl r i 1 A I 41 1 t {1y 1 0 a 1 tl. n W A 1 F-- Y s, I 1 i'-A I Y� II Y I n &, ' I W 1 1 —I, i i s tl i e il.. w i i i i tll . i s i I— it i u �'v i i i i i Z O I I 1 II 9 1 tl tl 1 I I B 1 1 Q) C to I 1 r k �I a II ! I 1 I ',,I EI'....., E �E 2 (IJ 1 I I I i G f r m I. 1 A tl I u a p l r a l a a 0 i qJ 95 d1 r I p p Itl 1 1 G [ 1 1 1 q A {�. 1 i a I f l 1 N 1 1 1 tl ; � 1 a I I 1 Y e 1 a 1 r r E 1 I a I I r 1 1 r. m tl 1 a .�i E E '- 0 Q' 0 A 1 a I I tl a o i i i i i i Q' U m 1 p11 I I. 41 I m e I 1 1 �1 I P 1 I tl r 1 I 1 1 1 1 1 Q) n iii i Ei. o ri i i i ii N y Wo i vi � ! i',. G"�pe 0i V 0 Q O W n 9/�q 8°a I. 1 1 r X 1 V' lYl w (U i o i i i i n w 1 I I E E p i E i El 1 v O i 0 i i i i z � Ln e a d i i 1 O 1 i is U i. I^'`— i i i i 01 < b1D W] 4'SU cc n i Q i i i U i i i. i i i i i b^^^^^i Ln sA9M a cicl -a ' n o4 pjemV ' f nOadd ) jpd 49aqS uoi4ei n ' - O - -9 :4u9wgo to f� M LL � G. Q� O O V Ln CD CD CD a) G. Ln N M Ln f— i Ln Ln h Z C V) C a) a) O Z ( CD 0 4J Z CD 0 4J C� N CD n .- (n aJ aJ N Z Q iUn Ln > ioN ° rn 4141 U 4- G = M � M _ m O O V N 1�1 � � tea' L E E cn > >` m > > aI L L N Q 41 4 � � j j (� C 41 C 41 W C 41 C 41 W O O N 4- 0 2: U � Uul � U � Uul C >' -� O C O a) W L L a) > } = L L = >41 (Q O) li > 41 > 4 41 > 41 > 41L } J p O p O p rQ p O p O p W = r0 } O = I- C7 I- C7 I- E F (D I- (D I- a `� ~ � � � L V W Wuj Z �- WQ Z � L U. th Z 6TO6 } w LU Z uj > F1 Z N o WZQN J Q o co (7U i w 0 Co a 0 a W (h c vi m o rn QZ �. } Z L o .� L V 0 J r L-Z J r-;- � W � L 0 H p1 c2S o o > o W O U) w° ti i �-u a a a� c o 4- _ a o U o `n = v- > C a N cn W N 4-' ,, CL L J D ro } U } U ro z o�i � o •� q N N N = } O ° H L v [� CL a J CO } W o } O U a: >,4--. C o Q V } 0 L � N O m � H () ao F.7.e U) CL CL r �r , >' a i � i , 4 ,s i /r ��,.'. o;✓'" �S „�"'%,//�/%,;� r f' i, � t. %:f I ���,, �i^��`��;,u��� ��; "V WG 0 ^gym a/�! rl p;/'';.. it �.� �i/�j � 1 � ,�1 � � /�1��'���✓!� lu m fl, J TREE �1 Gi ;awn i I LANIL)tscAmPh 0 ' ® w. CL 0 f� y o of � u 4i E U Packet Pg. 357 GAUTIER THEE�& LANDSCAPE 89100 Overseas Hvvv. CL CL Tavernier, FL 3307& Tel: (305) 735-4668 Email:Admin@gau--iertreelandscape.com www.Go u tie rtreela Q dsca,)a Qom August 15, 2022 4- 0 0 CL CL A! MONROE COUNTY BOARD OF COUNTY COMMISSIONERS z 0 R U EQUEST FOR PROPOSALS 0 i w UPPER KEYS LANDSCAPING MAINTENANCE MULTIPLE LOCATIONS w U z z w z 0 z U z w w (L (L E Packet Pg. 358 F.7.e SECTION 00120 PROPOSALFORM U) PROPOSAL TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT 1100 SIMONTON STREET ROOM 2-213 KEY WEST, FLORIDA 33040 � PROPOSAL FROM: w ° en Q�kf' The undersigned, having carefully examined the Scope of Work and other reference documents, > if any, Proposal, and Addenda thereto, and other Contract Documents for the work described as: UPPER KEYS LANDSCAPING MAINTENANCE - MULTIPLE LOCATIONS and having been afforded the opportunity to carefully examine the site(s)where the Work is to be performed, having become familiar with all local conditions including labor affecting the cost thereof, and -iaving familiarized himself/herself with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the Work, does hereby propose U to furnish all applicable labor, mechanics, superintendents, tools, material, equipment, i transportation services, and all incidentals necessary to perform and complete said Work and W work inciden=al hereto, in a workman-like manner, in conformance with said Scope of Work, and other Contract Documents including Addenda issued thereto. The undersicned further certifies that he/she has been given the opportunity to personally inspect the actual lo:;ation(s) of where the Work is to be performed, together with the local sources of U supply and that he/she understands the conditions under which the Work is to be performed. The successful proposer shall assume the risk of any and all costs and delays arising from the existence of any subsurface or other latent physical condition which could be reasonably anticipated by reference to documentary information provided and made available, and from any inspection and examination of the site(s). The Total Base Proposal shall be furnished below in words and numbers. If there is an U inconsisten;y between the two, the Proposal in words shall control. Total Regular Monthly Cleaning, Maintenance, and Landscaping Fee for Services at Murray Nelson Government Center: 7 V, 1 Dollars. (Total BaseProposal- words) CL 20 . n© Dollars. CL (Total Base Proposal — numbers) c� PROPOSAL FORM 00120- Page 21 of 93 Packet Pg. 359 F.7.e Total Regula- Monthly Cleaning, Maintenance, and Landscaping Fee for Services at Plantation Key Government Center: Dollars. CL (Total Base Proposal- words) $ t Dollars. (Total Base Proposal — numbers) 0 Emergency Cleaning, Maintenance, and Landscaping Services, (ex. Post — hurricane cleanup, including all costs associated with equipment, debris removal, and dumping fees: 4- Total Hourly Fee for Emergency Services - (including equipment costs & dumping fees): 0 2 00 Dollars. (Total Base Proposal —numbers) Dollars. (Total Base Proposal —words) There shall be no additional charges submitted to the Owner for travel, mileage, meals, U or lodging. ®' I acknowledce Alternates as follows: N/A z Unit prices, i1 any, are as follows: N/A 1 acknowledge receipt of Addenda No.(s) No. DatEd U No. DatEd No. DatEd No. DatEd CL c� PROPOSAL FORM 00120- Page 22 of 93 Packet Pg. 360 F.7.e Proposer, states by his/her check mark in the blank beside the form and by his/her signature that he/she has provided the following requirements (located in Section 00120): 1 Proposal Form 2 Non-Collusion Affidavit 3 Lobbying and Conflict of Interest Clause o 4 Drug-Free Workplace Form 5 Local Preference Form and requirements (if applicable) 6 Public Entity Crime Statement [Z 7 Vendor Certification Regarding Scrutinized Companies Lists 8 Proposer's Insurance and Indemnification Statement .... 0 9 Insurance Agent's Statement (signed by agent) 10 Answered Required Questions =f CL 11 Provided three (3) Customer References and three (3) Credit References CL 12 Provided three (3) years of Financial Statements in a separate email 13 Certified copy of Valid Florida Contractor's License ............. 14 Current Monroe County Occupational License Business Name: � ' 1" UA MC_. DBA:C � ndS� e Business EN # LU Business Address: 1C) kW�A Mailing Address: City, State, Zip L City, State, Zip ` `t 1 ��:5(59 Phone: 36—q"& Local Phone: LU Email: C 1� t ` CCA Co xt y LU The physicEl business address must be registered at 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 or proposal. Date: Signed: Printed: -�aet U Title: S� Witness: LU LU a� cs PROPOSAL FORM 00120- Page 23 of 93 Packet Pg. 361 F.7.e NON-COLLUSION AFFIDAVIT N, of the city of \ eq �,aC6 0 according to law on my yi oath, and under penalty of perjury, depose and say t at: a. I am l of the firm of CL GaCWJkJ -. p the proposer making the Proposal for the project described in the Request for Proposals for:Vppc-,r Ke�.es L 1e..._lei cr and that I executed the said proposal with full authority to do so; o 0 b. The prices in this proposal have been arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor; 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 prior to proposal opening, directly or indirectly, to any other proposer or to any competitor; and 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 purpose of restricting competition; e. The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. U J (Sig Ze) Date: l STATE OF: A 0�' COUNTY OF Z Subscribed and sworn to (or affirmed) before me, by means of U, 106y'sical presence or❑ online notarization, an . (date) by name of affiant . He/She is ,ersonqlj� kawa.to me or has produced d U (type of identification)as identification, WENDYEHH�H LO w MY COMMIS 8EXPIRES:BondedrnNNattteta NOTARY PUBLIC (S ' My Commission Expires:. c� PROPOSAL FORM 00120- Page 24 of 93 `o Packet Pg. 362 F.7.e SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CL.aUSE 7/��r� ff `^.irk.. La R 1 WP 0 (Company) "...warrants that he/she/it has not employed, retained or otherwise had act on his/her/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of :his provision the County may, in its discretion, terminate this Agreement without 0 liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the < former Courty officer or employee." , (Signa re) U W Date: � STATE OF: - s' U COUNTY OF ) Subs.,-ribed and sworn to (or affirmed) before me, by means of E -"[ysical presence or ❑ online notarization, on �' - mew. (date) by (name of affiant). He/She is fsersor7 ,fl ., nvun to me or has produced (type of identification)as identification, W M WENDY L.COFFMAN F MY COMMISSION#HH 009 EXPIRES:October 1%2024 W (SEA Bonded Thru Notary rubtic undermit 8488 OTA RY PUBLIC � i My Commission Expires: cs PROPOSAL FORM 00120- Page 25 of 93 Packet Pg. 363 F.7.e DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statutes, Sec. 287.087, hereby certifies that: P (Name of Business) 1. Publ sh 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 proh bition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and empoyee assistance programs, and the penalties that may be imposed upon employees for d-ug abuse violations. o 76 3. Give each employee engaged in providing the commodities or contractual services that are L nder proposal a copy of the statement specified in subsection (1). 4. In th3 statement specified in subsection (1), notify 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 of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of ary controlled substance law of the United States or any state, for a violation occurring , in the workplace no later than five (5) days after such conviction. 5. Impcse a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. U 6. Make a good faith effort to continue to maintain a drug-free workplace through i implementation of this section. As the perscn authorized to sign the statement, I certify that this firm complies fully with the above requirements. U (Propos r"s Sig ature) - Date: STATE OF: � � 01 COUNTY OF d Subscribed amd s or n to(or affirmed)before me,t,y e ns of i hysical presence or❑online notarization, on - �� �, (date) by '�� ... �� (name of a y r7 to me or has produced affiant). He/She is personall (type of identification) as identification. a J CL ENDY L,COFFMANtj W �,- OR" (S mf- �� MY COMMISSION#HH �� , " � CL V.1 EXPIRES:October 10,2024 sonaed nw WxyPuYAc UneerwrtNere NOTARY PUBLIC My Commission Expires: PROPOSAL FORM 00120- Page 26 of 93 Packet Pg. 364 F.7.e LOCAL PREFERENCE FORM A. Vendors caiming a local preference according to Ordinance 023-2009, as amended by Ordinance No.. U) 004-2015 and 025-2015, must complete this form. Name of Bidcer/Responder: . N ,& Date: �' ZZ 1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated , at least one( )year prior to the notice of request for bids or proposals? S (Please furnish copy.) 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 physica business address must be registered as its principal place of business with the Florida Department cf State for at least one (1) year prior to the notice of request for bid or proposal.) List Address: 89100C\kf SeCAS k-Vw . C n 4- p � o Tele hone Number: 76 B. Does the\oendor/prime contractor intend to subcontract 50% or more of the goods, services or CL construction to local businesses meeting the criteria above as to licensing and location? CL If yes, please provide: 1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one (1) year prior to the notice or request for bid or proposal. 2.Subcontractor's physical business address within Monroe County from which the subcontractor operates: (The physica business address must be registered as its principal place of business with the Florida U Department of State for at least one (1)year prior to the notice of request for bids or proposals)` 0 ,Li,N Tel. Number_ 3�j,T�� 7 3 S�� (46 Address �p � �' �f't 5►(�Uli' Print Name: 4 Si6j&ure anc Title of Authorized Signatory for 1 m Bidder/Responder U STATE OF: �.. Y t ,.. COUNTY OF Z Subscribed and sworn to(or affirmed)before me, by means of P' hysical presence or❑online notarization, on (date) by „'. U„� i t.'...Y .,.. (name of affiant). He/She is pgfsong)a.y ai.jyrrl, to me �r has produced Z (type of identfication) as identification.. x+' WENDYL.COFFMAN (SE MY COMMISSION#HH00848b NOTARY PUBLIC CL CL EXPIRES:October 10,2024 a ka Bonded Ttn hl�r Kft UWwv km My Commission Expires; E c� PROPOSAL FORM 00120- Page 27 of 93 Packet Pg. 365 F.7.e 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, proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business wi=h any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on tl-e convicted vendor list." 4- 0 1 have read the above and state that neither (Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last thirty-six (36) months. (Signat re) U Date: CL STATE OF: U COUNTY O-: Ly b(2— Subscribed and sworn to (or affirmed) before me, by means of g ysical presence or ❑ online not arization, on .. (date) by ., `'L�.� f U ( � � (name of affiant). He/She is grcliy .rt� to me or has produced (type of identification) as identificatior. �. �. WENOY L.COFFMAN n, MY COMMISSION 8 HH 008W sa M SIRES:OCU er�o,2oxa NOTARY PUBLIC (SEAL My Commission Expires: PROPOSAL FORM 00120- Page 28 of 93 Packet Pg. 366 F.7.e VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): " ...�a� M t'w ..1 i �pcA ;pnS M Respondent Vendor Name: Gr y c CL CL Vendor FER t c94 -3to k 35 , Vendor's Authorized Representative Name and Title:v 14 Y Address: 8 '.wa C�J t sect- ....... " 0 City: 0 State: Zip:: 0� ......m..� Phone Number; 3051 �o(o Email Address: I<A'�' 'k(NO Corn ,2 Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or 76 renewal,the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also CL prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for < goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473,Florida Statutes, or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israe- List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on U either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. W I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County nay be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a U boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies w th Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Sy--ia. Certified By: `�„�� �__ ( (,{,(jpX who is authorized to sign on belmlf of the above rcfercrrcud company. FL Authorized Signature: U Print Name �„� � �,, '"- Title: CZ c k. :m —-----— _________............. ..................... � Note: The List are available at the following Department of Management Services Site: IrtN ;.few rr,� tlrrr ,qs�r fl'crr�ici�r c rMrr�` cr�wirr ,s (:�)Cratiollslstictc. 11L� lasill /Nciidor sus ocp ,Gld ed disc° 4i ir���w,�:���retI!,ir�ts v�:pdor'w."lists CL PROPOSAL FORM 00120- Page 29 of 93 Packet Pg. 367 F.7.e SECTION 00130 INSURANCE REQUIREMENTS AND FORMS MONRIOE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES General Insurance Requirements for Construction Contractors and Subcontractors Prior to the commencement of work governed by this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in the attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Sub-Contractors engaged by the c Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance consistent%ith the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre- staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from 0 the failure o-the Contractor to provide satisfactory evidence of the required insurance, shall not > extend deaclines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except U for the Contractor's failure to maintain the required insurance. 0 The Contractor will be held responsible for all deductibles and self-insured retentions that may be W contained in the Contractor's Insurance policies. _ The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: • CertFicate of Insurance or W • A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. U The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. �e In addition, -he County will be named as an Additional Insured and Loss Payee on all policies covering County-owned property. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. c� INSURANCE REQUIREMENTS AND FORMS 00130- Page 30 of 93 Packet Pg. 368 F.7.e WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT: UPPER KEYS LANDSCAPING MAINTENANCE - MULTIPLE LOCATIONS BETWEEN MONROE COUNTY, FLORIDA AND 0 Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes and the requirements of Florida Statutes, Chapter 440. 0 In addition, tie Contractor shall obtain Employers' Liability Insurance with limits of not less than: $100�000 Bodily Injury by Accident $500g000 Bodily Injury by Disease, policy limits $10g000 Bodily Injury by Disease, each employee Coverage stall be maintained throughout the entire term of the contract. Coverage sr all be provided by a company or companies authorized to transact business in the state of Florida. U If the Contractor has been approved by the Florida's Department of Labor, as an authorized self- W 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. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. W In addition, t-ie Contractor may be required to submit updated financial statements from the fund upon request from the County. U CL CL c� INSURANCE REQUIREMENTS AND FORMS 00130- Page 31 of 93 Packet Pg. 369 F.7.e CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 07/14/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NCT 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(!as)must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS CL WAIVED,subject to the terns and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the O certificate holder in lieu of such endorsement(s). PRODUCER ,CONTACT NAME: n : (727)Z27-0704 ONE(A/C,No,Ext): (800)277-1620 X 4800 FAX(A/C NO) � E-MAIL FrankCrum Insurance Agency,Inc. _� AD�.D.._.RESS: m„�.. ... .. ..�.w 0 100 South Missouri AVenuB INSURER(S)AFFORDING COVERAGE NAIC# 0 INS Clearwater,FL 33756 _ um Insurance Company 11600 INSURED INSURER B: Frank Winston Cr ..� ... .......- FrankCrum L/C/F Tyler Gautier Landscaping Inc.dba Gautier Tree rvsuRER c: &Landscape INSURER D: 100 South Missouri Clearwater, venu�ater,FL 33756 INSURER F COVERAGES CERWICATE NUMBER: 911588 REVISION NUMBER: 4— THIS IS TO CERTIFY THAT TIME POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. W NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE A FFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN y MAY HAVE BEEN REDUCED 3Y PAID CLAIMS. O _—..m,.a..P. TYPE OF INSUf+1NCE .. ... ......... ......... ILTR INSRD SUER POLICY EFF POLICY ERP _...- CL WVD POLICY NUMBER (MM/DD/YYYY) (MM/DDIVYYY) LIMITS ,......., m..... _........... ..... CL COMMERCIAL GENERALLIABILITY EACH OCCURRENCE $ _ DAMAGE TO RENTED CLAIMS-MADE OCCUR F YRE,M6SIF:F.E a,.ermr wncn 5.,,, MEN EXP(Any one person) $ , m........ _ ..,„,,,,,,,,,,,,,,,,,,„.. PERSONAL&ADV INJURY $ I"F'N' .... .. _.,.m................ �,,,,,,,,,,,,L AGGREGATE LIMIT APF_IE5 PER: y:'. :.:Id E1C�3C:;rdl!:i6;;CA;TI!:i $ p� ... ... COMG tOl AUG $ N OTHbCRY ��I'It(7,.:.:CT �.. �I_OC I ItONUCT ............ ......... $ z AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ lE,a accir�,e,nl AN Ile^Y AUTO , 4NE.D AUTOS SG:H�t]Jl.fi,^,1 BODILY INJURY Per ( Pnr,pa) $ r:.'rNL'✓ AUTOS BODILY INJURY(Per aooidenl} .. HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ 0 ONLY —.-.�AUTOS ONLY Per sodd-i UMBRELLA LIAR -C:CUld EACH OCURRENCE $ � ]DI�D ElSS LIA.B 6JL.p,IIWeI-IUADE::. AGGREGATE $ WORKERS COMPENSATION WC202200000., 0 12 ... � ON FUD 1I01I2022 01/0112023 X R STATUTE OTH-' A EMPLOYERS LIABILITY y/N ER NIA ',, ...E L EACH ..,e„— ANY PROPRIETORtPARTNERtEXECIf rIVE OFFICERIMEMBER EXCLUDEC-� H ACCIDENT $ RQ0000LU (Mandatory In NH) U If _fl P f fl LJ'�P'„�ii57 ff Pi' $t QUQ4CIfJ DESCRIPTION Nunder 2�I! DESCRIPTION OF OPERATION below E L DISEASE-POLICY I,IMIT $tnVq z LU CL DESCRIPTION OF OPERATIONS MOCATION5I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Effective 12/29/2021,cove age is for 100%of the employees of FrankCrum leased to Tyler Gautier Landscaping Inc.dba Gautier Tree&Landscape(Client)for whom the client is reportinc hours to FrankCrum.Coverage is not extended to statutory employees. APPROVED BY RISK MANAGEMENT DATE 101412022 LU LU WAIVER N/A YES_ CERTWICATE HOLDER CANCELLATION LIU CL CL S;t'IOt,IW.D ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE a+ POLCY PROVISIONS E AUTHORIZED REPRESENTATIVE Monroe County BOCC 1100 Simonton Etreet Key West,FL 33)40 ©1988-2016 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 370 F.7.e GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT: UPPER KEYS LANDSCAPING MAINTENANCE - MULTIPLE LOCATIONS BETWEEN MONROE COUNTY, FLORIDA AND o auhu 4- Prior to the commencement of work governed by this contract, the Contractor shall obtain General o Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimu-n: CL CL • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability The minimum limits acceptable shall be: U $500 000 Combined Single Limit W An Occurrerce 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, t-ie period for which claims may be reported should extend for a minimum of twelve W (12) months Following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. U c� INSURANCE REQUIREMENTS AND FORMS 00130- Page 32 of 93 Packet Pg. 371 F.7.e " DATE(MMIDD/YYYY) ill CERTIFICATE OF LIABILITY INSURANCE 07/14/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND 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. I IMPORTANT: If the certifi:ate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. CL If SUBROGATION IS WADED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not c3nfer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT 1m1147 Reyes 90144 Overseas H PHONE CEIre es)re anins A (305)852-3703 NAME. Regan Insurance Agency (305 852 3234 A/c N©U Hwy ADDRESS y @ g uranceinc com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Hallmark Specialty Insurance Company Cd INSURED Tavernier FL 33070 INSURER B_ Tyler Gautier Landscaping Inc„ INSURER C: DBA:Gautier Tee&Landscape INSURER D: _. 89100 Overseas Hwy INSURER E: Tavernier FL 33070 INSURER F: COVERAGES CERTIFICATE NUMBER: 21-22 GL 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 0 INDICATED NOTWITHSTANONG ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS I CERTIFICATE MAYBE ISSUE[$OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, I EXCLUSIONS AND CONDITIO-IS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS -_ ..... n R _.... EXP LTR TYPE OF INSURPNCE INSD WVD POLICY NUMBER MMIDDIYYYY MMIDD/YYYY LIMITS 0) CLAIMS-MADE OCCUR �CURRENCE $ 1,000,000 COMMERCIAL GENERALLIABILITY EACH OC PREMIS a ES Ea occurrences $ 100,000 M MED EXP(Any one person) $ 5,000 a A Y G094038991 11/22/2021 11/22/2022 PERSONAL&ADV INJURY $ 1.000,000 GEN'LAGGREGATE LIMITAPPIIES PER: GENERALAGGREGATE $ 2,000,000 POLICY D PROS El LOC 'PRODUCTS-COMP/OPAGG $ 2,000,000 JEC7 OTHER: U AUTOMOBILE LIABILITY COMBINED SINGLP LIMIT $ ..(aEry ac,�irrant�„ ANYAUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY ;UTOS HIRED IIrON-OWNED PROPERTY DAMAGE $ AUTOS ONLY tiUTOS ONLY Par accmdarxE UMBRELLA LIAB OCCUR EACH OCCURRENCE $ a EXCESS LABCLAIMS-MADE AGGREGATE $ DED RETENTION$ 1 $ ....... WORKERS COMPENSATION PER OTH AND EMPLOYERS'LIABILITY YIN STATUTE ER _M ..-.... .. ...._.... --.� . ANY PROPRIETORIPAR'rNH�.WE:ECUTIVE E.L EACH ACCIDENT $ OPFICERJMEMB�R EXCLI,QED' El NIA - (M..anda6ory In NHI E.L DISEASE-EA EMPLOYEE $ If yes,describe under """'"""""""'""""'"""""" DESCRIPTION OF OPERATIONS below E..L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be . i attached if more space is required) landscaping and lawn service aid Tree Trimming/Prunning U APPROVED BY RISK MANAGEMENT Certifiacte Holder is Additional Ilisured when reuired by written contract DATE �n�4��.n�.�. to WAIVER NIA YES CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CL THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton•3treet AUTHORIZED REPRESENTATIVE / V Key West FL 33040 � O ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 372 F.7.e VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR UPPER KEYS LANDSCAPING MAINTENANCE - MULTIPLE LOCATIONS BETWEEN MONROE COUNTY, FLORIDA AND 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 0 maintained throughout the life of the contract and include, as a minimum, liability coverage for: > 0 • Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $30C,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $20C,000 per Person $300,000 per Occurrence U $20g000 Property Damage 0 The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. U U INSURANCE REQUIREMENTS AND FORMS 00130- Page 33 of 93 Packet Pg. 373 F.7.e DocuSign Envelope ID:91D1EB33-D9E4-462D-A5DD-5D59C8D96499 Cl CW A021011 0 CERTIFICATE OF INSURANCE i This certificate is issued for informational purposes only. It certifies that the policies listed in this document have been issued i to the Named Insured. It does not grant any rights to any party nor can it be used, in any way, to modify coverage provided by such policies.Alteration of this certificate does not change the terms,exclusions or conditions of such policies. Coverage is subject to the provisions of the policies, including any exclusions or conditions, regardless of the provisions of any other contract, such 3s between the certificate holder and the Named Insured. The limits shown below are the limits provided at the policy inception. Subsequent paid claims may reduce these limits. 0 Certificate Holder Named Insured: THE MOONRCE COUNTY BOARD OF COUNTY GAUTIER TREE & LANDSCAPE INC. COMMISSIONERS & TYLER GAUTIER LANDSCAPING INC. 1100 SIMON'TON ST 89100 OVERSEAS HWY KEY WEST, FL USA 330403110 TAVERNIER FL 33070 O CL i Automobile Liabili Insurer Name:A113tate Insurance Company PolicyNumber C48929360 1--Any Aub 2-Owned Autos Only 3-Owned Priv.Pass.Autos Only 4--Owned Autos Other Than Priv. 5-Owned Autos Subject to 6 Owned Autos Subject to a Compulsory UM Law Pass.AUtoE Only X No Fault X 7--Specifically Described Autos X 8-Hired Autos Only X 9-Nonowned Autos Only U Policy Effective Date: 05-03-2022 Policy Expiration Date: 05-03-2023 0 Limits of $1,000,000 Combined Single Limit(each accident) W Insurance: BI Per Person BI Per Accident PD Per Accident Description of 0pe rations/Locations/Vehicles/Endorsements/Special Provisions APPROVED BY RISK MANAGEMENT "• t3 DATE 1.,„..m z WAIVER NIA—YES— Interested Pa : Additional Insured - All Other THIS CERTIFICATE DOES NOT GRANT ANY COVERAGE OR RIGHTS TO THE CERTIFICATE HOLDER. IF THIS CERTIF CATE INDICATES THAT THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED, THE POLICY(IES)MUST EITHER BE ENEORSED OR CONTAIN SPECIFIC LANGUAGE PROVIDING THE CERTIFICATE HOLDER WITH ADDITIONAL CIL INSURED STATJS. THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED ONLY TO THE EXTENT INDICATED IN SUCH POLICY LANGUAGE OR ENDORSEMENT. C3 Producer 7/14/2022 SUAREZ INSULANCE GROUP LLC DocuSigned by: Authorized Representative: W Date: 07-14-22 CIL nsss 4rr �ar�sn, c;. CIL E Includes copyrighted material of Insurance Services Office, Inc.,with its permission Cl CW A021011 Allstate Insurance Company Page 1 of 1 Insured Full Copy Packet Pg. 374 F.7.e DocuSign Envelope ID:91 D1 3B33-D9E4-462D-A5DD-5D59C8D9B499 U) POLICY NUMBER: 6 4 8 9 2 9 3 6 0 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE 0 This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM - With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless 0- modified by this endorsement. CL CL This endorsement identifies person(s) or organization(s) who are'insureds"for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Namedhsured: GAUTIER TREE & LANDSCAPE INC. Endorse rient Effective Date: 0 7-14-2 0 2 2 U SCHEDULE Name Cf Person(s) Or Organization(s): THE MDONROE COUNTY BOARD OF COUNTY COMMISSIONERS 1100 SIMONTON ST W KEY WEST, FL USA 330403110 Informa-ion r2quired to com fete this Schedule, if not shown above, will be shown in the Declarations. FL Each peron or organization shown in the Schedule is U an 'insured"for Covered Autos Liability Coverage, but only to tl-e extent that person or organization qualifies as an insured" under the Who Is An Insured ®a provision contained in Paragraph Al. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I - Covered Autos D Signed by: 7/14/2022 Coverages of the Auto Dealers Coverage Form, IVaN SUQr-TE,41� CL CL 0556FOurss R54Ac c� CA 20 48 10 13 ©Insurance Services Office, Inc., 2011 Page 1 of 1 Insured Full Copy Packet Pg. 375 F.7.e PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS CL Worker's Ccmpensation Statutory Limits Employers Liability $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease Policy Limits $100,000 Bodily Injury by Disease, 0 each employee General Liability, including $500,000 Combined Single Limit Premises Operations Prod.icts and Completed Operations Blan Ket Contractual Liability 0 PersDnal Injury Liability 0 Vehicle Liability (Owned, non-owned, and hired vehicles) $300,000 Combined Single Limit If split limits are preferred: $200,000 per Person $300,000 per Occurrence $200,000 Property Damage U Builder's Risk Not Required 0 Performance Bond Not Required The Monroe County Board of County Commissioners, 1100 Simonton Street, Key West, , Florida 33040, shall be named as Additional Insured on General Liability and Vehicle W policies issaed to satisfy the above requirements. Hold Harm ess, Indemnification, and Defense. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify, and hold the COJNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions, or causes of action, (ii) any litigation, administrative proceedings appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that U may be ass=rted against, initiated with respect to, or sustained by, any indemnified party by reason of, o- in connection with, (A) any activity of Contractor or any of its employees, agents, contractors, or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor o- any of its employees, agents, sub-contractors, or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to tl-e extent the claims, actions, causes of action, litigation, proceedings, costs, or expenses arse from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors, or invitees (other than Contractor). The monetary limitation of liability under this contract shall be equal to the dollar value of the contract and not less than $1 E c� INSURANCE REQUIREMENTS AND FORMS 00130- Page 34 of 93 Packet Pg. 376 F.7.e million per occurrence pursuant to Fla. Stat., Sec, 725.06. The limits of liability shall be as set forth in the insurance requirements included in this Section 00130. Insofar as the claims, actions, causes of action, litigation, proceedings, costs, or expenses relate to events or circumstances that occur daring the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the even: that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractors failure to purchase or maintain the required insurance, the Contrac:or shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and e warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The extent cf liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this AGREEMENT. 0 CL CL PROPOSER'S STATEMENT I understanc the insurance that will be mandatory if awarded the contract and will comply in full with all of the requirements herein. I fully accept the indemnification and hold harmless and duty LO to defend as set out in this proposal. U W PROPOSER Signat r U U c� INSURANCE REQUIREMENTS AND FORMS 00130- Page 35 of 93 Packet Pg. 377 F.7.e CL CL INSURANCE AGENT'S STATEMENT 0 1 have reviewed the above requirements with the proposer named above. The following ° deductibles apply to the corresponding policy. POLICY DEDUCTIBLES 4- 0 G094038991 $0.00 0 CL CL Liability po icies are Occurrence X Claims Made U Regan Insurance Agency 46 : r Insurance agency jOignature U FL End of Section 00130 LO U LO INSURANCE REQUIREMENTS AND FORMS 00130- Page 36 of 93 Packet Pg. 378 F.7.e D. The number of years the person or entity has operated under its present name and any prior names. 2� av5 j0 E. Answers to the following questions regarding claims and suits: a. Has the person or entity ever failed to complete work or provide the goods CL for which it has contracted? (If yes, provide details of the job, including where the job was located and the name of the owner.) YES F� NO 0 b. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the person, principal of the entity, or entity, or its officers, directors, or general partners(this specifically includes any present or prior entities in which the person, principal, entity, officer, director or - general partner of the proposing entity has been involved as a person, principal, entity, officer, director or general partner in the last five (5) 0 years)? (If yes, provide details, include enough information about the judgment, claim, arbitration, or suit so that the Owner will able to obtain a copy of the judgment or claim or locate the suit by location and case number.) YES NO LO c. Has the person, principal of the entity, entity, or its officers, major U shareholders or directors within the last five (5) years, been a party to any J lawsuits or arbitrations with regard to a contract for services, goods or W construction services similar to those requested in the specifications with private or public entities? This specifically includes any present or prior entities in which the person, principal, entity, officer, director or general partner of the proposing entity has been involved as a person, principal, entity, officer, director or general partner in the last five (5) years. (If yes, U provide details, include enough information about the judgment, claim, arbitration, or suit so that the Owner will able to obtain a copy of the judgment or claim or locate the suit by location and case number.) YES NO d, Has the person, principal of the entity, or its officers, owners, partners, U major shareholders or directors, ever initiated litigation against Monroe County or been sued by Monroe County in connection with a contract to provide services, goods or construction services?This specifically includes any present or prior entities in which the person, principal, entity, officer, director or general partner of the proposing entity has been involved as a person, principal, entity, officer, director or general partner. (If yes, provide details, include enough information about the judgment, claim, arbitration, or suit so that the Owner will able to obtain a copy of the judgment or claim or locate the suit by location and case number.) PROPOSAL FORM 00120- Page 19 of 93 Packet Pg. 379 F.7.e YES NO U) e. Whether, within the last five (5) years, the Owner, an officer, general �e partner, controlling shareholder or major creditor of the person or entity was an officer, general partner, controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for bids. (If yes, provide details and information about the failure to perform services or furnish goods that will enable the Owner to thoroughly consider the matter.) 0 YES NO ,® f. Customer references (minimum of three), including name, current address, and current telephone number. Credit References (minimum of three), 0 including name, current address, and current telephone number. 76 0 g. Financial statements for the prior three (3) years. Please provide in a separate email for the Contractor's confidentiality, and clearly label the email "CONFIDENTIAL." ("Any financial statement that an agency requires a prospective bidder to submit in order to prequalify for bidding or for responding to a bid for a road or any other public works project is exempt from F.S. §119.07(1) and s.24(a), Art. 1 of the State Constitution.") However, any financial information the Contractor includes in the proposal packet, which is not marked as "Confidential", may be disclosed in any public records request U and will not be treated as "Confidential." The County shall incur no liability J for inadvertent disclosure of financial records that are not properly marked. W U U c� PROPOSAL FORM 00120- Page 20 of 93 Packet Pg. 380 F.7.e 2022 / 2023 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2023 CL CL RECEIPT# 30140-127023 Business Name: GAUTIER TREE &LANDSCAPE 89100 OVERSEAS HWY 0 Owner Name: TYLER GAUTIER LANDSCAPING INC, Business Location: Mailing Address: TYLER GAUTIER, YEIMY MENESES RIVERO TAVERNIER, FL 33070 PO BOX 800 Business Phone; TAVERNIER, FL 33070 Business Type: CONTRACTOR(LANDSCAPING SPECIALTY, LA SPRINKLER&IRRIGATION00 Employees 7 M 4- 0 COMP CARD: SP4487/ SP4484 Tax Amount transfer Fee Sub-Total PenaltCL y Prior C ' r Years Collection Cost (Total Paid 25.00 0.00 25.00 0.00 _______ 0.00 0.00 __ 00 Paid 115-21 -00000390 07/11 /2022 25 .00 THIS BECOMES A TAX RECEIPT Sam C. Steele, CFC, Tax Collector THIS IS ONLY A TAX. U WHEN VALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEET ALL 0 COUNTY AND/OR MUNICIPALITY PLANNING, ZONING AND LICENSING REQUIREMENTS. U FL MONROE COUNTY BUSINESS TAX RECEIPT < P.O. Box 1129, Key West, FL 33041-1129 EXPIRES SEPTEMBER 30, 2023 Business Name: GAUTIER TREE &LANDSCAPE RECEIPT# 30140-127023 89100 OVERSEAS HWY Business Location: TAVERNIER, FL 33070 Owner Name: TYLER GAUTIER LANDSCAPING INC, TYLER �e Mailing Address: GAUTIER, YEIMY MENESES RIVERO Business Phone: PO BOX 800 Business Type: CONTRACTOR (LANDSCAPING SPECIALTY, LA TAVERNIER, FL 33070 SPRINKLER&IRRIGATION ) Employees 7 E COMP CARD: SP4487 / SP4484 Tax Amount b-Total Penalty Prior Years Collection Cost Total Paid Transfer Fee Su _.......w.._._ww WW._.. .. . IT 25.00 0.00 25.00 0.00 0.00 0.00 30.00 Paid 115-21 -00000390 07/11 /2022 25 . 00 Packet Pg. 381 F.7.e 2022 / 2023 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2023 CL CL RECEIPT# 29240-126835 Business Name; GAUTIER TREE & LANDSCAPE MO CTY Owner Name: TYLER GAUTIER LANDSCAPING INC, Business Location: TAVERNIER, FL 33070 Mailing Address:TYLER DAVIS GAUTIER PO BOX 800 Business Phone: TAVERNIER, FL 33070 Business Type: MOBILE (LAWN MAINTENANCE) 00 2 M 4- 0 _ .µ.. _ _... ... 0 Tax Amount -ransfer Fee Sub-Total Penalty Prior Years Collection Cost Total Paid CL ........ ..., CL 25.00 0.00 25.00 0.00 0.00 0.00 25.00 Paid 115-21 -00000390 07/11 /2022 25 . 00 y THIS BECOMES A TAX RECEIPT Sam C. Steele, CFC, Tax Collector THIS IS ONLY A TAX. U WHEN VALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEET ALL 0 COUNTY AND/OR MUNICIPALITY PLANNING, ZONING AND LICENSING REQUIREMENTS. t) FL MONROE COUNTY BUSINESS TAX RECEIPT < P.O. Box 1129, Key West, FL 33041-1129 EXPIRES SEPTEMBER 30, 2023 Business Name: GAUTIER TREE &LANDSCAPE RECEIPT# 29240-126835 MO CTY Business Location: TAVERNIER, FL 33070 Owner Name: TYLER GAUTIER LANDSCAPING INC, TYLER Mailing Address: DAVIS GAUTIER Business Phone: PO BOX 800 Business Type: MOBILE (LAWN MAINTENANCE) TAVERNIER, FL 3:3070 CL CL E Tax Amount Transfer Fee Sub-Total Penalty Prior Years Collection Cost Total Paid 25.00 0.00 25.00 0.00 �mmXWW0.00 0.00 25.00 Paid 115-21-00000390 07/11 /2 0 2 2 25 .00 Packet Pg. 382 F.7.e CITY OF KEY WEST, FLORIDA Business Tax Receipt This Document is a business tax receipt CL Holder must meet all City zoning and use provisions. CL P.O. Box 1409, Key West, Florida 33040 (305) 809-3955 Business Name GAUTIER TREE & LANDSCAPE INC Location Addr 308 TAVERNIER ST o Lic NBR/Class LIC2022- MISCELLANEOUS OTHER SERVICES 000271 Issued Date 3/17/2022 Expiration Date: September 30, 2022 YARD MAINTENAMCE 4- 0 Comments: LPNDSCAPIN:G SERVICE CL CL Restrictions: CERTIFIED ARBORIST PER KAREN DF,MARIA GAUTIER TREE& LANDSCAPE INC This-document must be prominently displayed. C/O TYLER GAUTIER 160 FLORIDh4 AVE GAUTIER TREE& LANDSCAPE , TAVERNIER, FL 33070 INC t3 t3 t3 c� Packet Pg. 383 F.7.e U) CL CL 4- 0 Updates to Contractor Status are done periodically.To verify if a contractor is active,please check that the Business Tax,State License and/orCounty COC,Liability Ins and Work Comp dates have not expired.If a contractor status is HOLD they are not active. 0 GAUTIER TREE & LANDSCAPE ... ..... ........ - ®. Contractor ID 16168 Qualifier GAUTIER,TYLER DAVIS Company GAUTIER TREE&LANDSCAPE County COC SP4484 Address PO BOX 800 COC Expires 06-30-2023 L) City/State/Zip TAVERNIER,FL 33070 Bus Tax Receipts Exp 09-30-2022 Phone (305)735-4668 Workers Comp Expires 01-01-2022 >j Liability Ins Expires 11-22-2022 CIL State License State Expires Last Notification 11-15-2021 U PERMIT HISTORY Show to entries Permit Number T Permit Property Permit Type Issued Status As U No data available in table >j CIL Your privacy is important to us,for more information see our privacy policy.The services,information,and data made available at this website are provided"AS IS"without CIL warranties of any kind.Monroe County and its authorized agents and contractors make no representations or warranties regarding the condition or functionality of this web site,its suitability for use,or that this web service will be uninterrupted or error-free , E U Packet Pg. 384 F.7.e 1 CONTRACTOR ID rUCENSE# CERTIFICATE OF COMPETENCY NUMBER: CERTIFICATE TYPE: 16187 / AP19120008 SP4487 LANDSCAPING SPECIALTY CONTRACT e) MONROE COUNTY GROWTH MANAGEMENT - BUILDING DEPARTMENT Middle Keys/Main Office:2798 Overseas Highway,Marathon,FL(305)289-2501 a Lower Keys Office:5503 College Road, Key West,FL(305)295-3990 CL Upper Keys Office: 102050 Overseas Highway,Key Largo,FL(305)453-8800 11601 CR 905,Key Largo,FL(305)453-8765 2) CERTIFICATE OF COMPETENCY O !IMPORTANT: CONTRACTOR CERTIFICATE OF COMPETENCY ENCLOSED! GAUTIER,TYLER DAVIS PO BOX 800 TAVERNIER FL, c-3070 Dear Certificate :)f Competency Holder: 0 76 Please find below your renewed Monroe County Certificate of Competency, > 0 Please note: CL CL • You hav=agreed to abide by the requirements found in Monroe County Code 6-234 • It is the certificate holder's responsibility to notify this office in writing of any legal name and/or address changes by completing the Name and/or Address Change Form. (Obtained from our website at www.m cn roecounty-fl.gov). • Journeyman and Masters are NOT contractors, and therefore, are prohibited from contracting, and shall only perform work in their trade while under the supervision and direction of a licensed contractor of same categork U • Contracing shall only be done under the qualified business name. This license does NOT belong to the Company and may NOT be renewed or used by another individual or company other than the license holder named herein for any construction purposes • If you are inactive, you may NOT contract to do work or pull a permit, and you do not need to have current insurances on file. U Thank you. MONROE COUNTY GROWTH MANAGEMENT BUILDING DEPARTMENT CERTIFICATE OF COMPETENCY U This is to certify mat the contractor listed is in good standing. Issue date: 09/15/2021 This certificate according to law of Expiration date: 10/31/23 competency is valid and in force Qualifier: GAUTIER, TYLER DAVIS unless revoked until the noted Company name: GAUTIER TREE & LANDSCAPE expiration date below. LANDSCAPING SPECIALTY CONTRACT License type: (SP16 ) County license: SP4487 BUILDING OFFICIAL c� RECEIPT#: 20063452 Cont.ID: 16187 AMOUNT PAID $ 150.00 0:\ccc\v91\MAR\PEFIMIT\cocREN EWE D.doc—Printed Wednesday, September 15, 2021 Packet Pg. 385 F.7.e f _.;..:� fir . ar.. r:� ^� �',W,.. du1 j6�.�,T:-. a.. ,=:w {1"�e., "awn. i..:� m ",;� d�.°„.�;,..,.. •�•`w"?...� v�.,n, a.,r3 �,;� �J.� y. I 5 a' O � p'trr7 � CL CL 7C -" o� O � �" r55 CL ro 4 C', H C� A MM eo r- y z r kl � Fa.• (� fD � � fi C- w C c rx �-h N m �m�•�-•�� 40 '� eo OF fi p U CL v A Al CL zi ro � n Y r 1 'r ^e4 � u. Y,l&-s Packet Pg. 386 F.7.e STATE OF FLORIDA department of Agriculture anb Congumer 6erbiceg BUREAU OF LICENSING AND ENFORCEMENT Date File No. Expires t) March 24,2022 JB293793 February 29,2024 0 THE PEST CONTROL COMPANY FIRM NAMED BELOW HAS REGISTERED UNDER THE PROVISIONS OF CHAPTER 482 FOR THE CL CL PERIOD EXPIRING:Febrt.ary 29,2024 AT , 89100 OVERSEAS HWY, TAVERNIER,FL 33070 GAUTIER TREE&LANDSCAPE Lawn and Ornamental D P O BOX 800 ` TAVERNIER,FL 33070 niau NICOLE"NIKKI"I�JJD.C 1M SSIONER 4- 0 D L- CL CL STATE OF FLORIDA 3epartment of 91gricutture anb QConnmer *erbiceg BUREAU OF LICENSING AND ENFORCEMENT Date File No. Expires March 24,2022 JE282712 February 29,2024 THE ID CARD HOLDER NAMED BELOW HAS REGISTERED UNDER THE PROVISIONS OF CHAPTER 482 FOR THE PERIOD EXPIRING: U February 29,2024 AT i GAUTIER TREE&LANDSCAPE TAVERNIER,FL 33070 CL _ TYLER GAUTIER Regular ®! GAUTIER TREE&LANDSCAPE P O BOX 800 TAVERNIER,FL 33070 x L) NICOLE"NIKKI i1 15,C"I'l v MSSIONER t,3 E U Packet Pg. 387 F.7.e STATE OF FLORIDA STATE OF FLORIDA department of Rgricutture anb QConoumer berbiceg Department of fgriculture anb QCounmer 6erbiceg BUREAU OF LICENSING AND ENFORCEMENT BUREAU OF LICENSING AND ENFORCEMENT t) TYLER GAUTIER Date File No. Expires LTD COMMERCIAL FERTILIZER APPLICATOR HOLDER August 24,2021 LF315236 August 24,2025 THE LTD COMMERCIAL FERTILIZER APPLICATOR HOLDER LF315236 CL NAMED BELOW HAS REGISTERED UNDER THE PROVISIONS OF u HAS PAID THE FEE REQUIRED BY CHAPTER 482 FOR THE PERIOD CHAPTER 482 FOR THE PERIOD EXPIRING:August 24,2025 EXPIRING August 24,2025 e + r e �7 ►1 1 Cd t -t 4-cla Signature O TYLER GAUTIER COMMISSIONER 160 FLORIDA AVE a. TAVERNIER,FL 33070 Wallet Card Wallet Card - Fold Here I �tl"T BUREAU OF LICENSING&ENFORCEMENT NICOLE"NIKKI"'t" IFD„COM11vISSIONER 3125 CONNER BLVD,BLDG.8 � TALLAHASSEE,FLORIDA 32399-1650 mm O O L- CL CL a U a U U E U Packet Pg. 388 ..__ :... F.7.e STATE OF FLORIDA department of Z(griculture aub Congumer *erbiceg BUREAU OFLICENSING AND ENFORCEMENT Date File No. Expires U) March 24,2022 JE6421 February 29,2024 0 THE ID CARD HOLDER FLAMED BELOW HAS REGISTERED UNDER THE PROVISIONS OF CHAPTER 482 FOR THE PERIOD EXPIRING: CL February 29,2024 CL AT GAUTIER TREE&LANDSCAPE TAVERNIER,FL 33070 EDDIE ISIDRON Certified Operator GAUTIER TREE&LANDSCAPE P O BOX 800 TAVERNIER,FL 33070 w au NICOLE"NiKKB I' 9fCI,CCMMSSIONER 03 M 4- 0 O CL CL LO CL L) L) LO LO U Packet Pg. 389 F.7.e Certifications I �' a r�' iI AW t OF IFAS y CL CL Florida-Friendly �� /� t yIVInhII IIUnn,A I_dntlsGtpuul + GV917740-] Certificate of Training " c«ili��eten Best Management Practices ,. GV917740 fnur,ec II;fl Florida Green Industries � The undersigned hereby acknowledges that Tyler Duavis (Gautier CL y, ,rCL has successfully completed the Green Industries Best Management Practices Program developed by the Florida Department of Environmental Proteclion with Ilse University of Florida Institute of Food and Agricultural Sciences. k T. Wickman 8/23/2 021 i3+rw»4 i loll llhchm I.),*I.),*en Inslnlclol Class l 5 n Plumul Ph U r +� (,I-13ml,stAmidc coordinator lllrcctol I urlda-Friendly UndsopnlgT"'Program .� . ++ t3 J4r rp". pM'4.'S4.�t k�a".9 d+ii9+9sw"rerWr.M� k�'A.1kVN1« t /NAFa''A ;,�"'. > "ia�. � w,�WG/',ka � �I�'�' d {Y^ P,p"s I � '�q . .Ow *1J, '47OF i 'AS " .� Florida Friendly � � �'VI 'z I11� „i>li;i t ill f ;i fl 1 �•i1y � v z rr " �rv918166-1 Certificate of Training �+ < q k Management Practices � Best Mans _ g z Gv91 �'�' Florida Green Industries e . ;����/� �• 0 / + z The undenigncd huwby acknowledges(hat p U Valdo Gutierrez r lira succcsslitlly completed the Green lndastric�hest Management Practices Program + developed by the Florida Dcpartmew of 6nvironmewal Prolcelion with the w " University of°Florida Institute of hood and Agricultural Sciences' OL 1 , T. Wichtnan 1212/2021 --in lti AIn,m 111SULc101- Del.of Ciom r'sen N mot,f e.D, r (;! B19P-tatrwidcCtr<�rdin;uor krrctol(1 Hide-Frirndlti I_<ux{;c:rpinsl»I'n»zoun A ------------ 711 ONION l ' " ii �,e x l�u n � ",I'r � r� +n�►" ►° t� ylk � k�l � N Packet Pg. 390 F.7.e r) W�. .mm. .-`�� ,,,,,'; ...__.. �•^°!.'" A_ _ .�,., :aJCL ' - V l HALS Florida-FriendlyCL /�' onn'lu�nvYr InHI1+A Landscapingw.,;�.ii GV91887'_-1 Certificate of Training; h est Management Practices � w,."w�+"� I ertikinti'r ,• y, GV9188-2 0 Florida Green Industries The undersigned hcrehy acknowledge;Iltal Paul Siler CL CL 11ih sticceSSI1111V Compleled the ClreoII 111(111ttries 13cti1 blonave tile III Praclices Prngrnm dc%'clopcd by the Flori(h pcliarimenl ot'Fnvironmcnial Protection wilh the Uni%,crsily of Plurida Institute ol'1•ood and gricullmal Sciences, ' w T. Wichman 12/2/2021 /kIIIt 0 + 111119 Wichnllni Instruclur Wtv ill t'la>i I scOlmool.Ph D. (-11NII"`taL.+"file Cowdinat,u Ilfrelnr I lunda•I f ienfll; I nndwapfnpf Prupnun U w,o.. .fr.,f« F4", u'�4 h. /I( '11'#r "/'ARM'fy '�i" t6i,C r P"' da"a"n1 "ru #y�te,rr� r --. �. ;rr �r f•r I°� °"wA"� I h Y 1tfF r rP *r 1+ ®! U uhlvrasl ry j Ft.olut GV919717 i Certificate of Training _. ,a9wtlwrwaxYy� �, „rlw Best Man e 'Practices .M Certificate N Bt g t 'Practices �� �. GV919717 1-�-- - Florida Green Industries "� ��;����„ 0 7Yainec I6 H z CL The undersigned hereby acknowledges that L) ,04 Jose Serrano + W w' has succcssFull completed the Green Industries Best Management Practices Program � , Y P CL developed by the Florida Department of Environmental Protection With the �r CL University of Florida Institute of Food and Agricultural Sciences. T. Wichman 3/5/2022 _ w .c �..•r� " Tom Wict>enan Instructor Date ol'Class Esen Mamt+l,Ph.D. Director I orida-Fricndl Lnndsca bl rn Program am al-BMP 5talewid Coordinator F� � 'MdF .� •Y t' x t fir'"`y�"..,m`w' ,;.r.k..r•W . Packet Pg. 391 F.7.e p�k �li "►" ��''l ` � 'Ify �"1 1M� ,`11 �VN'` ,PId°/ pn"�kY�lf "r °l1rYp?1 "/�°�' 4"�1",; Nw', "irw rr., ( n� > _._ .. n l "A. Florida-Friendly � Ltlndsce3pingC ,noc°Rnw. CL Certificate of Training Gv91 sa�9-1 X1 Cei1ificalell Best Managenient Practices y �,•r•�.,�,, #, GV91w8869 - _Traincu ID 11 Florida Grecn Industries P� ,; �ti� �+,�� �,•�, 0 K r The undersigned hereby acknowledges that Adam O1vera has successfully completed the Careen Industries Best Management Practices Program CL developed by the Florida Department of Environmental Protection will the � , `ydy� University of Florida Institute of Food and Agricultural Sciences. T. Wi�h 12/3/2021 man....m... Tom Wlchn an instl uclor late of Class fsen lt4omul,l'h.U. GI-HM P Statewide�:uordinalor Ditector Florida-l'i iendly Landscaping'"Program 0 4k~w'��"w`"A"!iAi��"�r���iti�� ��►� ''�ia Iw4 �� 0 arlr'rr " r ,1 ' r '�'rN� w' ►rr,rlrr � � w ' � � ' �1 r" rSm " I ' «'1 kJ """ ✓^ A'w1 L ' ` "W "' ._____ ..__ ...W _. ......m. ,a,. _... ._ ..... ........� ........... , ... ......m... .. .....,,' , ,..,, .., ...... _.� .FlrNr'�cta-Fri�ttly c ��, �� J W o— GV919839-1 ('ertitic�rte �rf"I'r�rininr; Best 6 ° anaUement Practices "� �"ip � GV 9198'9 Florida (:teen Indtistric "�,•, w 0 EL ^'". 1`Is� ;ulal�r•.itt�tLTe,l fitir,:l�� ;c�:6ii,:awol�'c4a'i, II�,sI �, � U '' leers Perez Jr Z *' W h,.4 ,�ic OW W, %1u11 11 I'ltivrafrr I),�,+r LIt:\il" tehtl� lY,"le1C lilt'f`It l:! L"h:I1111h.911 ail I'M tiIlP'�� 1lL[l l,li 1p t'1'fC e'l it iY1 1CI01 Pltq„' M� �,, � liltt.'P'Alls itl I`I,,tlti�l lFiti�¢i6iIC i�l I'+�¢rdl ;61sc1 ;�'�`�Pllfl�llf�ll `�4'1C11t�'W_ �� �, � i T. 1t ichilian 3/12/2022� ... � .�r�`a'.'C ...........-w v�. � ...°,I i, �,.�„a Vio;,� o ! �ii., ii.e�adl, O .orOn.,a•y.� '"olra' -raocu � � Om a �M ,rnp � �� � N � aR,�NN/JNrr �r � N� aN► awN��NtrN� "Nta Packet Pg. 392 F.7.e Project Management Experience U) Bass Pro Shops /Worldwide Sportsman & Islamorada Fish Company 81576 Overseas Hwy. CL CL Islamorada, FL 33036 Contact Person: Barbara Blake Phone: (305) 517-2232 Projects: Major Landscape Enhancement for Manager Summit Landscape installation&enhancements, Irrigation repair&Installation,Tree Services, Mangrove Trimming,On- Going Maintenance. Contract Value: $50K Plus Islander Resort & Creekside Inn Resort 82100 Overseas Hwy. - Islamorada, FL 33036 ra ra Phone: (305) 664-2031 Projects: Landscape design and installation,&Maintenance. Contract Value: $403K Plus Islander Bayside Resor( 82100 Overseas Hwy. Islamorada, FL 33036 en Phone: (305) 664-00.32 Projects: Landscape design and installation, &Maintenance. Contract Value: $24K Plus U Amara Cry Resort W 80001 Overseas Hwy. Islamorada, FL 33036 Phone: (305) 664-0073 Projects: Landscape Maintenance Contract Value: $60K Plus U Postcard Inn Resort 84001 Overseas Hwy. Islamorada, FL 33036 Phone: (305) 664-23 31 Projects: Landscape Maintenance Contract Value: $180K Plus U Pelican Cove Resort 84457 Overseas Hwy. Islamorada, FL 33036 Phone: (305) 664-4435 W Projects: Landscape Maintenance Contract Value: $50K Plus La Siesta Resort 80241 Overseas Hwy. Islamorada, FL 33036 Phone: (305) 664-2132 Projects: Landscape Maintenance Contract Value: $60K Plus Packet Pg. 393 F.7.e `1"rrvernier Towne Center /Commodore Realty 91200 Overseas Hwy. Tavernier, FL 33070 Contact Person: Robert Alexander Phone: (786) 501-1440 CL Projects: Tree Services, Landscape Installation,&Maintenance. CL Contract Value: $20K Plus Beacon Reef Condominiums 83201 Old Highway o Islamorada, FL 33036 Contact Person: Rob 3ergold Phone: (631) 335-4749 Projects: Landscape Installation,&Maintenance. Contract Value: $30K Plus 4- 0 76 Seawatch at Marathon > 11840 Overseas Hwy CL Marathon, FL 33050 Contact Person: Denise Rodewald Phone: (574) 536-4936 Projects: Irrigation repair&Installation,Tree Services, On-Going Maintenance. Contract Value: $40K Plus , Executive Ray Chit 87200 Overseas Hwy Plantation Key, FL 33036 0 Contact Person: Bill Squire Phone: (305) 586-16t6 Projects: Tree Servims,&Maintenance. Contract Value: $39K Monroe County Firp, Rescue Station #11 W 22352 Overseas Highpuvay Cudjoe Key, FL 33042 Projects: Landscape and Irrigation Installation. Contract Value: 80K Islamorada Village of Islands. 86800 Overseas Hwy Islamorada, FL 3303E U c, Projects: Design and Installation of Commercial Irrigation System for Founders Park Great Lawn. Contract Value: $BOX Plus CL CL cr Packet Pg. 394 F.7.e U) r � C, CL 0 0 I<I A M D ILA 1)A Date March 20,2022 4- 0 To Whon it may concern; 76 0 CL I have been the General Manager at The Islander Resort in Islamorada for over 2 years and during CL that tlm2 have worked with Gautier Landscaping who as the primary caretaker of over 30 acres of Keys Trgpcal Foliage and Botanical displays. During tiia Time Gautier has been always very professional and responsive to any of the different challenge a large property would come across. It is this quick response and the reaction time that , has led us to be one of the Marquee resorts in the Middle Florida Keys, A large portion of that award is due to the many comments we receive form our guests and clients alike that remark on how well and beautiful our property is due to the Landscaping, Gautier s not only very diligent In providing fantastic service and prompt response to Landscaping services,they are also very forward thinking in creating new ideas to create an even better or cost- CL CL effectivE plan to managing the property landscaping. Gautier izs always followed the contract and supported any changes that we may ask for as we , have grcvAn. W I would-vthout question suggest that any company, resident,or organization interested in having a professioral organization that offers quality in service and In product knowledge, consider Gautier Landscaping. Shand Luae EL U LO General Manager Islander Itasort Islamorada 82100 Overseas Highway Islamorada, FL 33036 305-664-2031 c� Packet Pg. 395 F.7.e U) CL I II i 0 ISLAMORADA, FL March 2=1",2022 - 76 0 To whom i-may concern, CL Reference:Gautier Tree&Landscape I am pleased to provide this letter on behalf of Amara Cay Resort,in reference to Gautier Tree& Landscape services.We have been in contracted partnership with Gautier Tree& Landscape since November 2021,and are extremely satisfied with the improvements seen at our facility since then. Gautier Tree&Landscape completes all scope of work as agreed upon with Amara Cay,and remains in open communication about our needs, areas of issue,and team performance. U If you have any specific questions about our reference,please do not hesitate to reach out to me. Sunny rega-ds, �.. Lauren CL-wnger w Amara Cay General Manager Icievenger@amaracayresort.com U CL CL 800)1 Overseas Hwy., Islamorada FL, 33036 305-664-0073 www.amaracayresort.com Packet Pg. 396 F.7.e CL W CL ,I . �.... . 3157E Overseas Highway-P O Drawer 787-lslamorada,Florida 33036-Tel 305-664-4615-Fax 305-517-2619 101' March 2022 4- 0 76 0 TO WHOM IT MAY CONCERN:. CL Referent:: Gautier Tree&Landscape Referenml company has been under contract at WorldWide Sportsman since V April 2020. We are pleased to provide this letter of reference in their behalf, attesting to our entire U satisfactun with the performance of both management and staff in the prompt and thorough J execution of all tasks specified under contract. w In their cme the grounds and planting at our facility have flourished and thrived. -J The custerlers' first impression of our store is that which they glean upon entering the property and Gautier Tree&Landscape has done an outstanding job in making the visual impact of our U facility a memorable one. Should y-Du have any particular questions in this regard,please feel free to contact us. Sincerel} - U Barbara Blake-Facilities World Wide Sportsman 4i c� Packet Pg. 397 F.7.e GAUTIER 89100 Overseas Hvey. Tavernier, FL 3307 ) CL Tel: (305) 735 4663 CL wv Ait 0,ii,itie treelcr `.scar)e,coni August 15, 2022 2 Credit References 4- Site one Landscape Suppiy 12951 SW 89th Ct. 0 Miami, FL 33176 (305) 406-2533 Forest Tek Lumber 88521 Overseas Hwy. Tavernier, FL 3307D (305) 852-4300 U i Sunbelt Rentals, Inc 2015 Directors Row Orlando, FL 32809 (407) 816-1591 z Horizon Distributors Inc. Dept#0594 PO Box 850001 Orlando, FL 32885 (772) 287-9905 Dixie Aluminum Products 88509 Overseas Hwy. Tavernier, FI 33070 CL (305) 852-5104 CL c� Packet Pg. 398 2022 FLORIDA PROFIT CORPORATION ANNUAL REPORT FILED DOCUMENT# P19000086441 Jan 09, 2022 Entity Name: GAUTIER TREE & LANDSCAPE INC. Secretary of State 8872964255CC U) Current Principal Plece of Business: 89100 OVERSEAS HWY. TAVERNIER, FL 33070 CL CL Current Mailing Address: P.O. BOX 800 TAVERNIER, FL 330VO US 0 FEI Number: 84-3613577 Certificate of Status Desired: Yes Name and Address of Current Registered Agent: GAUTIER,TYLER D 100410 OVERSEAS HWY. 303 KEY LARGO, FL 33037 US 0 The above named entity submit this statement for the purpose of changing its registered office or registered agent,or both,in the State of Florida. 0 CL SIGNATURE: TYLEF.GAUTIER 01/09/2022 CL Electron Signature of Registered Agent Date 0 Officer/Director Detatl Title P Title VP Name GAUTIER,TYLER D Name MENESES RIVERO,YEIMY Address 817 MADFID RD. BETZABETH Address 817 MADRID RD. City-State-Zip: KEY LARGO FL 33037 U City-State-Zip; KEY LARGO FL 33037 U U I hereby certify that the information ir-Jicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath;that/am an officer or director c the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607,Florida Statutes;and that my name appears CL above,or on an attachment with all oOer like empowered. SIGNATURE:TYLER GAUTIER PRESIDENT 01/09/2022 Electronic Signature of Signing Officer/Director Detail Date 0 E Packet Pg. 399 F.7.e GAUTIER CL 89100 Overseas Hwy. Tavernier, FL 33070 Tel: (305) 735-4668 wwt. ,Go'titierta-eelat sca 7e.c.,arri August 15, 2022 0 4- 0 Gautier Tree & Landscape is a corporation established in October 2019 and the current license status i active. 0. 0. Gautier Tree & Landscape is the leading landscaping contractor in the Florida Keys with a proven trac S record of providing c uality projects and landscape management with over 30 years of combined experienc in the landscape industry. Our work ethic, reliability and integrity have enabled us to meet and often exceei our client's expectations with regard to budget, schedule, quality workmanship, communication and safet responsibilities. We specialize in commercial and residential landscape design and development, irrigatioi services, tree services, lawn maintenance services, pest control services, mangrove trimming am hurricane restoration. Our broad client base includes, but is not limited to residential, commercial, industriE and municipality clients, including corporate and those in the real estate industry. Based out of Key Larg c) we provide services throughout Monroe County from Ocean Reef to Key West. W U U Tyler Gautier—President Packet Pg.400 F.7.e GAUT'IER 89100 Overseas Hwy. Tavernier, FL 33070 Tel: (305) 735-4668 CL w Oau iertreela;aclscoa( cr�r1 August 15, 2022 2 Company Overview 4- Gautier Tree & Landscape is the leading landscaping contractor in the Florida Keys with a proven track 0 record of providing quality projects and landscape management with over 30 years of combined experience in the landscape industry. Our work ethic, reliability and integrity have enabled us to meet and often exceed our client's expectations with regard to budget, schedule, quality workmanship, communication and safety responsibilities. We specialize in commercial and residential landscape design and development, irrigation services, tree services, lawn maintenance services, pest control services, mangro\.e trimming and hurricane restoration. Our broad client base includes, but is not limited to residential, commercial, industrial and municipality clients, including corporate and those in the real estate ind istry. Based out of Key Largo we provide services throughout Monroe County from Ocean Reef to Kew West. U Gautier Tree & Landscape has the ability to complete this project, effectively and productively to the ' highest level of quality in accordance with contract compliance and standards. Our team of local Florida Keys staff based out of Key Largo can provide support (7) days a week our Account Managers are available 24/7 Via telephone. U U Gautier Tree & Landscape office is located at: 100410 Overseas Hwy. Ste. 303 Key Largo, FL 33C37 Gautier Tree & Landscape equipment yard is located at: 89100 Overseas Fwy. Tavernier, FL 33070 Packet Pg.401 Well Trained Team that Will Meet Yor Expectations U) At Gautier Tree & Landscape we understand that well trained team members provide outstanding quality work and customer service. Every member of our team is trained to ensure that they have the required skills to perform quF-Iity work, safely and to your complete satisfaction. CL CL 2 A Safe Community and Workplace Is Our Priority The safety of our customers, general public and our employees is of high importance to our company, 0 Below are measures we employ to maintain a safe working environment on and off our customers properties. • E-Verificatior • 4- Initial driving record checks 0 • Initial drug/alcohol screening • 0 Fully uniformed crews with the required safety gear. • Gautier Tree& Landscape logo clearly displayed on vehicles and trailers, • Required use of cones to demark safety zone. • Weekly field crew safety meetings. Z Training & Certifications 0 • FL Pesticide Applicator Certificate — Registered Tech. U0 • Pesticide Applicator Certificate for Lawn & Ornamental. W • ISA Certified Arborist • Florida Pesticide Applicator • American Red Cross AED/CPR/First Aid. • OSHA 10 Ca-d — Construction Safety and Health W • U Rainbird Cer-Ified Technician Z • Average of 30 years of experience in the green industry, Z W Z Z U Z Al E Packet Pg.402 F.7.e Project Staffing The staff involved in this project would include the following individuals: • Branch Manager/ President, Tyler Gautier • General MF-nager, David Baskin • Office Manager, Yeimy Meneses • Production Manager, Associate Account Manager Adam Olvera • Irrigation DMsion Manager As we work closel-I as a team, we would work hand in hand with The Monroe County Board of County 2 Commissioners tc assure that this project is properly scheduled and completed in accordance with m contract standards. 0 0 CL Tyler Gautier CL Tyler Gautier is the President/Branch Manager of Gautier Tree and Landscape, Tyler stablished Gautier Tree & Landscape in 2019. With apprenticeship beginning from his childhood years learning how to drive machines and identify native plants, Tyler began his career working for his father's well- established Monroe County landscaping company in 2009. In 2019, Tyler started his own landscape business, through Tyler's focus on sales, customer service, U and his eye for derail, he has grown Gautier Tree and Landscape into being the largest and premier landscape company in Monroe County. W Certifications— • Rain:oird Irrigation Certified. • GreEn Industry Best Management Practices Certified. W • State of Florida Licensed Fertilizer Applicator. • State of Florida Pest control ID card holder. • Monroe County Landscape Contractor. • Monroe County Irrigation Contractor. David Baskin U David Baskin is tl-e Manager of Gautier Tree and Landscape Maintenance Division. He has over 6 � years of experience working in the landscaping industry. David is a graduate of Auburn University with a B.A. in Industrial and Product Design and a member of various industry organizations. Certifications— • GreEn Industry Best Management Practices Certified. c� Packet Pg.403 F.7.e Yeimy Meneses Yeimy Meneses is the Office Manager and bookkeeper for Gautier Tree & Landscape with over 5 years' experierce in the Green Industry. Certifications— • QuickBooks Certified, Adam Olvera Adam Olvera is the Production Manager for Gautier Tree and Landscape. His experience working in E the landscaping industry specializing in Maintenance and Pest Control/Fertilization. 0 Certifications— • Green Industry Best Management Practices Certified. • State of Florida Pest control ID card holder. • State of Florida Licensed Fertilizer Applicator. U U U Packet Pg.404 F.7.e CL CL 0 j' 4- 0 0 CL CL u w v z z % z EL u CL CL 4i E c5 Packet Pg.405 F.7.e .: UTIER TRIE & LANDSCAPE CL CL 89100 Overseas Hwy. Tavernier, FL 33070 Tel: (305) 735-4668 wivw Gatitae I-ti-c-'eicaraclscaiae'0177 August 15, 2022 To whom it may concern, Gautier Tree & Landscape is a corporation owned solely by Tyler Gautier and has no other shareholders. Gautier Tree & Landscape Officers: Tyle- Gautier President/Owner U Yeimy Meneses Gautier Vice President U U Signature: Packet Pg.406 CL CL 0 0 4- 0 0 CL CL y (n z 0 u 0 -i w -i CL w u z z w z 0 z u z w w CL CL 4i E Packet Pg.407 F.7.f MONROE COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR PROPOSALS FOR UPPER KEYS LANDSCAPING MAINTENANCE MULTIPLE LOCATIONS CL W " CL e' E BOARD OF COUNTY COMMISSIONERS 0 Mayor David Rice, District 4 CL Mayor Pro Tem Craig Cates, District 1 4- Michelle Coldiron, District 2 James K. Scholl, District 3 Holly Merrill Raschein, District 5 COUNTY ADMINISTRATOR CLERK OF THE CIRCUIT COURT ROMAN GASTESI KEVIN MADOK July 2022 PREPARED BY: Facilities Maintenance Department a� c� Packet Pg.408 F.7.f Coritents BOARD OF COUNTY COMMISSIONERS ...........................................................................................2 C, c� SECTION00030.............................................................................................................................................3 U) SECTION00100.............................................................................................................................................5 U) SUMMARY OF THE WORK.........................................................................................................................5 SECTION00110.............................................................................................................................................8 CL INSTRUCTIONS TO PROPOSERS.................................................................................................................8 CL SECTION00120...........................................................................................................................................18 PROPOSALFORM....................................................................................................................................18 INSURANCE REQUIREMENTS AND FORMS.............................................................................................30 SECTION00500...........................................................................................................................................37 DRAFT AGREEMENT................................................................................................................................37 ATTACHMENT„A.........................................................................................................................................63 0 ATTACHMENT„B".......................................................................................................................................68 0 ATTACHMENT„C".......................................................................................................................................73 CL CL ATTACHMENT„D.........................................................................................................................................85 < ATTACHMENT„E.. .......................................................................................................................................91 0 U) 0 CL 4- CL U) CL CL CL c� U) E u Packet Pg.409 F.7.f SECTION 00030 ci NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS NOTICE IS HEREBY GIVEN that on Monday, August 22, 2022, at 3:00 P.M., the Monroe County Purchasing Office will receive and open sealed responses for the following: UPPER KEYS LANDSCAPING MAINTENANCE - MULTIPLE LOCATIONS MONROE COUNTY, FLORIDA Pursuant to F.S. 50.0211(3)(a), all published competitive solicitation notices can be viewed at: nnn.fo r o .I: g..22.!J t.ce. cair a searchable Statewide re ositorY for all published le al notices. .........................................................................:... ......:............................ .... ° Requirements for submission and the selection criteria may be requested from DemandStar at ...... ................................M...........................................................................:............i www.irrioniro:couirrit ::::. If..:.g �r 11 ilds. The Public Record is available upon vwmwwdeiri.iairridstairwciairi.i OR .............................................................................................................................. request. Monroe County Purchasing Department receives bids electronically. Please do not mail or 0 attempt to deliver in person any sealed bids. Mailed/physically delivered bids/proposals/responses WILL NOT be accepted. 0 CL CL The Monroe County Purchasing Department hereby directs that bids be submitted via email to: OMB B11DS imoiniroecouinty,,,9Fl.gg.y, no later than 3:OOP.M.,on August 22,2022. Please submit your ...................................................................... ............................... confidential financial information in a SEPARATE EMAIL from your bid and required documents. Your subject line on both emails must read as follows: UPPER KEYS LANDSCAPING MAINTENANCE- MULTIPLE LOCATIONS 08/22/2022 0 Files that do not contain this subject line WILL BE REJECTED. Please note that the maximum file size that will be accepted by email is 25MB. Please plan accordingly to ensure that your 0. bid is not rejected due to the file size. Should your bid documents exceed 25MB, in advance of the bid opening, please email: am ,,, auurmgmamuraaumy,,, � gay so accommodations for delivery of your bid can be made prior to the bid opening. Please be advised that it is the bidder's sole responsibility to ensure delivery of their bid and waiting until bid opening to address or confirm your bid submission delivery will result in your bid being rejected. The bid opening for this solicitation will be held virtually, via the internet, at 3:00 P.M., on August 22,2022. You may call in by phone or internet using the following: Join Zoom Meeting :s..w. .f�mc occ. oom.�us ,). ................................................................................... Meeting ID: 4509326156 One tap mobile: +16465189805„4509326156#US(New York) E +16699006833„4509326156#US(San Jose) NOTICE OF CALLING FOR PROPOSALS 00030- Page 3 of 93 Packet Pg.410 F.7.f Dial by your location: CL +1 646 518 9805 US(New York) +1 669 900 6833 US(San Jose) U) Publication dates: Citizen: Wed.,07/13/2022 Keys Weekly: Thur.,07/14/2022CL CL News Barometer: Fri.,07/15/2022 0 End of Section 00030 - 0 0 U) 0 0. 4- c� E c� NOTICE OF CALLING FOR PROPOSALS 00030- Page 4 of 93 Packet Pg.411 F.7.f SECTION 00100 SUMMARY OF THE WORK 5, c� U) A NON-MANDATORY Pre-Proposal Conference shall be held on July 25, 2022, at 10:OOam, at the Plantation Key Government Center located at 88820 Overseas Hwy., Plantation Key, Florida, directly moving on to the Murray Nelson Government Center, located at 102050 Overseas Hwy., Key Largo, Florida. Although the meeting is not mandatory, it is highly recommended that all bidders be in attendance. 1. Scope of Work The Scope of Work shall include, but not be limited to, all work shown and listed in ATTACHMENT "A", ATTACHMENT "B", and ATTACHMENT "C", which are attached hereto in the "Sample Agreement" and made a part hereof. The Contractor is required to provide a complete job as contemplated by the Scope of Work, which is a part of this bid package. The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies, permits, if any are necessary, and any other means of construction or work necessary or proper for performing and completing the Scope of Work, unless o otherwise specifically stated. > 0 The Contractor shall adhere to County fertilizer ordinances as stipulated in Chapter 12, Article II of the Code of Ordinances of Monroe County, Florida. Acquire all necessary permits, if any are required. Include as a part of the Contractor bid the cost responsibility for any and all permit fees. 0 Contractor shall supply all of the needed materials and hardware to complete the project and properly dispose of any debris. 0 U) 0 CL 2. Milestone Dates 76 4- The Contractor is to note the following special milestone dates. U) 1. Proposal Documents Available 07/13/2022 2. Pre-proposal Conference 07/25/2022 3. Last Day to Submit RFI's 08/8/2022 4. Proposal Due Date 08/22/2022 5. BOCC Award Date (Anticipated) 09/21/2022 6. Notice to Proceed (Anticipated) 10/1/2022 The Contractor shall commence performance of this Contract within ten (10) calendar days after the date of issuance to the Contractor by the Owner of the Notice to Proceed. SUMMARY OF THE WORK 00100- Page 5 of 93 Packet Pg.412 F.7.f Once commenced, the Contractor shall diligently continue performance until completion of the term of the Contract and any extensions thereof. 3. Permits The Contractor will be responsible to obtain all necessary permits and approvals for the work including: Village of Islamorada Building Department and Monroe County Building Department, and any other permitting or regulatory agencies as applicable. CL 4. Special Provisions CL The following Special Provisions are intended to clarify the scope of work, or highlight features of the work, or modify, change, add to, or delete from the General Scope of this Proposal Package. o 1. All licenses required in order to perform the Scope of Work in the specified location, shall be procured and maintained by the Contractor and his/her subcontractors. Contractor shall submit copies to the Facilities Maintenance Department prior to 2 Notice to Proceed. Contractor's license shall accompany proposal. M 4- 0 2. The Contractor shall not store materials, tools, or debris on the premises without written permission. The Contractor shall take all means necessary to contain dust 0- and debris as an integral part of the work. The Contractor shall provide a suitable storage container and be responsible for disposal off-site of all debris and trash. 3. Contractor needs to be aware of the facilities, its vendors, and staff with unusual schedules and plan accordingly. Coordination of each day's work with County staff contact shall be done in advance. All spaces, interior and exterior, shall be cleaned E and returned to normal each work day. 0 5. Safety Requirements 0 CL 1. All application, material handling, and associated equipment shall conform to and 76 be operated in conformance with OSHA safety requirements. 2. The Contractor shall use every available precaution to provide for the safety of property owner, visitors to the site, and all connected with the work under the Contract. 3. The Contractor shall: a. Comply with all Federal, State, Local, and Owner Fire and Life Safety requirements. U) b. Advise Owner whenever work is expected to be hazardous to owner employees and/or operations. 6. Housekeeping SUMMARY OF THE WORK 00100- Page 6 of 93 Packet Pg.413 F.7.f 1. Keep materials neat and orderly. 2. Remove scrap, waste, and debris from project area daily and on completion of work. U) End of Section 00100 0 4- 0 0 0 U) 0 CL 76 4- U) CL CL CL c� U) E c� SUMMARY OF THE WORK 00100- Page 7 of 93 Packet Pg.414 F.7.f SECTION 00110 INSTRUCTIONS TO PROPOSERS CL c� U) To be considered, Proposals must be made in accordance with these Instructions to Proposers. ARTICLE 1 DEFINITIONS AND RANKING CRITERIA 1.1 Terms used in these Instructions to Proposers, shall have the meanings or definitions as assigned herein. 1.2 A Proposal, Bid, or Response is a complete and properly signed proposal to do the Work for the sums stated therein, including any Owner Options or Alternates stipulated therein, o and submitted in accordance with the Proposal Documents. In this Request for Proposals, ° the word "Bid" is used interchangeably for "Proposal" or "Response". 1.3 Addenda are written or graphic instruments issued by the Owner, its agents, employees, or consultants prior to the receipt of Proposals, which modify or interpret the Proposal M Documents by additions, deletions, clarifications, or corrections. 1.4 Allowance is a given amount to be included in the Proposer's proposal. From this Allowance, payments will be made to the vendor for the specified service or project. If the Contractor is responsible for making payments, he/she will be reimbursed for the payments to the vendor via presentation of invoices in his/her monthly payment application. Allowance includes labor, materials, installations, permits, etc. 1.5 Alternate Proposal (or Alternate) is an amount stated in the Proposal to be added to or deducted from the amount of the Base Proposal if the corresponding change in the Work, as described in the Proposal Documents, is accepted by Owner. 0 1.6 Architect/Engineer is the Architect or Engineer hired by the County to design the project. 0 CL 1.7 Base Proposal is the sum stated in the Proposal for which the Proposer offers to perform the Work described in the Proposal Documents as the base, to which may be added or 4- from which Work may be deleted for sums stated in an Alternate Proposal or Owner Option Proposals. U) 1.8 Proposer is a person or entity who submits a Proposal to the solicitation. 1.9 Proposal Documents include the Notice of Calling for Proposal, Instructions to Proposers, Proposal, Pre-Proposal Substitutions, Scope of Work, Milestone Schedule and other sample Proposal and contract forms and the proposed Contract Documents including any addenda issued prior to receipt of Proposals. The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Specifications, Proposal Documents, Addenda issued prior to execution of this Agreement, together with the response to RFP and all required insurance and license and certification documentation, and Modifications issued after execution of this Agreement. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. INSTRUCTIONS TO PROPOSER 00110- Page 8 of 93 Packet Pg.415 F.7.f 1.10 Local Business means, as specifically defined in Monroe County Code Section 2-349(b), the vendor has a valid receipt of the business tax paid as issued by Monroe County Tax Collector at least one (1) year prior to the notice of request for bids or proposals for the business to provide the goods, services, or construction to be purchased, and 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 with the Florida Department of State as its principal place of business for at least one (1) year prior to the notice of request for bids or proposals. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing a physical address. 1.11 "Owner" is synonymous with "Monroe County". 0 1.12 "Perform" means to comply fully with the specified or implied requirements of the Contract. 1.13 "Provide" means "furnish and install". Wherever "provide" or "furnish and install" are used, this shall mean the purchase and complete installation, and all purchasing M requirements and procedures, as per the specified or implied requirements of the Contract. - 1.14 Sub-bidder is a person or entity who submits a bid to a Proposer for materials or labor for a portion of the Work. 1.15 "Unit Price" means an amount stated in the Proposal as a price per unit of measurement for materials or services as described in the Proposal Documents or in the proposed contract documents. Unit prices shall apply to change orders. 1.16 "Ranking Criteria" are: The ranking criteria and maximum points scoring values allowed in each criteria category of this Request for Proposals are as follows: U) Tab 1 Proposed Costs and Services 40 points 0. Tab 2 Prior Monroe County Experience 25 points Tab 3 Qualifications of Staff 35 points Tab 4 County Forms, Financial information, Yes / No and Litigation U) ARTICLE 2 COPIES OF PROPOSAL DOCUMENTS 2.1 Proposers may obtain complete sets of the Proposal Documents from DemandStar at .................................................�...........................................:.............................:........................ uvuvuv.irm���n..ir ��;k ��un.. .::::......:.. www.d �in"iand stair.coini or ................................................................................................................................. 2.2 Proposers shall use complete sets of Proposal Documents in preparing Proposals. Neither the Owner nor the Facilities Maintenance Department, nor their agents, nor the E Architect/Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Proposal Documents. INSTRUCTIONS TO PROPOSER 00110- Page 9 of 93 Packet Pg.416 F.7.f 2.3 Submitted Proposals MUST include an Insurance Agent Statement and a completed Insurance Checklist, and all forms and requirements as called for in the Request for Proposals. Failure to include all necessary forms and licenses will result in a non- responsive proposal. ARTICLE 3 EXAMINATION OF PROPOSAL DOCUMENTS AND SITE 3.1 Before submitting a Proposal: 3.1.1 Each Proposer shall thoroughly examine all the Proposal Documents. 3.1.2 Each Proposer shall visit the sites, if they arrange to do so with Facilities Maintenance, to 0 familiarize himself/herself with local conditions that may in any manner affect the cost, progress, or performance of the Work. 3.1.3 Ignorance on the part of the Proposer shall in no way relieve him/her of the obligations and responsibilities assumed under this Proposal. 4- 0 3.1.4 Should a Proposer find discrepancies, ambiguities in, or omissions from the Proposal Documents, or should he/she be in doubt as to their meaning, he/she shall at once notify 0 the Owner, in writing by e-mail to Suzi Rubio at Rubio-suzanne(aD-monroecounty-fl.gov. CL 3.2 The lands/buildings upon which the Work is to be performed, right-of-ways for access thereto, and other lands designated for use by the Contractors in performing the Work are identified in these Proposal Documents. 3.3 Each Proposer shall study and carefully correlate his/her observations with the Proposal 0 Documents. 3.4 The submission of a Proposal will constitute a representation by the Proposer that he/she has complied with every requirement of Article 3 and that the Proposal Documents are 0. sufficient in scope and detail to indicate and convey understanding of all terms and 76 conditions for performance of the Work. ARTICLE 4 INTERPRETATION AND CORRECTION OF PROPOSAL DOCUMENTS 0 4.1 Proposers and Sub-proposers shall promptly notify the Director of Facilities Maintenance in writing of any ambiguity, inconsistency, or error that they may discover upon 0, examination of the Proposal Documents or of the site and local conditions. c� 4.2 Proposers and Sub-proposers requiring clarification or interpretation of the Proposal U' Documents shall submit their questions as a Request for Information ("RFI") in writing to the Director of Facilities Maintenance no later than ten (10) business days prior to the date for receipt of Proposals (see 3.1.4). Any answer, interpretation, correction, or change of the Proposal Documents will be accomplished by Addenda. Copies of Addenda will be made available for inspection at DemandStar at http://www.demandstar.com or INSTRUCTIONS TO PROPOSER 00110- Page 10 of 93 Packet Pg.417 F.7.f b:Dtt�;// w.n„ionir�eco.u_nt ill w/Iblids. Interpretations, corrections, or changes of the Proposal Documents made in any other manner will not be binding, and Proposers shall not rely upon such interpretations, corrections, and changes. Oral and other interpretations or clarifications will be without legal effect. U) ARTICLE 5 PROPOSALPROCEDURE 5.1 FORM AND STYLE OF PROPOSAL 5.1.1 The Proposal shall be submitted on the forms included in Section 00120 of these Proposal Documents with the exception of the Proposal Bond (when required), which may be submitted in alternate forms as described in Section 5.3.1 of these Instructions to 0 Proposers. Each of the forms in Section 00120 must be properly filled out, executed, and submitted as part of the Proposal. 5.1.2 All blanks on the Proposal Form shall be filled in with ink, by typewriter, or by word processor. 4- 0 5.1.3 Where so indicated on the Proposal Form, sums shall be expressed in both words and figures, and in case of discrepancy between the two, the amount written in words shall 0 govern. Failure to comply with this requirement shall constitute a non-responsive proposal. 5.1.4 Any interlineation, alteration, or erasure must be initialed by the signer of the Proposal. 5.1.5 All requested Alternates shall be proposed. If no change in the Base Proposal is required, enter "No Change". Failure to comply with this requirement shall constitute a non- responsive proposal. 0 0 5.1.6 All requested Allowances shall be proposed. Failure to comply with this requirement shall constitute a non-responsive proposal. 0 0. 5.1.7 The Proposer is required to submit a copy of the appropriate and current Business and Contractor's license (Monroe County or State), as required, as part of the Proposal. 5.2 ADDENDA U) 5.2.1 Each Proposer shall ascertain prior to submitting his/her Proposal that he/she has received all Addenda issued, and he/she shall acknowledge their receipt in his/her Proposal. However, in case any Proposer fails to acknowledge receipt of such addenda, his/her Proposal will nevertheless be construed as if it had been received and 09 acknowledged, and the submission of the Proposal will constitute acknowledgement of receipt of the addenda. It is the responsibility of each Proposer to verify that he/she has received all addenda issued before Proposals are opened. 5.2.2 No Addenda will be issued later than five (5) business days prior to the date for receipt of Proposals except for an Addendum withdrawing the request for Proposals or one which includes postponement of the date for receipt of Proposals. c� INSTRUCTIONS TO PROPOSER 00110- Page 11 of 93 Packet Pg.418 F.7.f 5.2.3 Copies of Addenda will be made available for inspection where Proposal Documents are on file for that purpose. See Article 4.2 above. 5.3 SUBMISSION OF PROPOSALS U) 5.3.1 Proposals shall be submitted to Monroe County at the designated location not later than the time and date for receipt of Proposals indicated in the Notice of Calling for Proposals, or any extension thereof made by Addendum. Monroe County's representative authorized to open the Proposals will decide when the specified time has arrived and no Proposals received thereafter will be considered. Proposals received by email, after the time and date for receipt of Proposals, will not be opened by Monroe County's representative authorized to open the Proposals. 5.3.2 Monroe County Purchasing Department receives bids electronically. Please DO o NOT mail or attempt to deliver in-person any sealed bids. Mailed/delivered bids/proposals/ responses WILL NOT be accepted. The Monroe County Purchasing Department hereby directs that bids be submitted via 2 email to: 4- 0 . ..1 ..::.I II.. . .. '_)i!Lioniro(,,k c.o u n ty....f 1.g�)v 0 no later than 3 p.m., on Monday, August 22, 2022. Please submit your confidential financials in a SEPARATE EMAIL from your bid and required documents. Your subject line on both emails must read as follows: UPPER KEYS LANDSCAPING MAINTENANCE - MULTIPLE LOCATIONS 08/22/2022 Files that do not contain this subject line WILL BE REJECTED. Please note that the maximum file size that will be accepted by email is 25MB. Please plan accordingly to ensure that your bid is not rejected due to the file size. Should your bid documents exceed 25MB, in advance of the bid opening, please email: Iir ijb I?g.E b iin� „ ,Irm„ nlr k n„Dy III„q, ��.... 4- The bid opening for this solicitation will be held virtually, via the internet, at 3 p.m. on Monday, August 22, 2022. You may call in via phone or internet using the following: U) Join Zoom Meeting Meeting ID: 450 932 6156 One tap mobile +16465189805„4509326156# US (New York) +16699006833„4509326156# US (San Jose) Dial by your location +1 646 518 9805 US (New York) +1 669 900 6833 US (San Jose) INSTRUCTIONS TO PROPOSER 00110- Page 12 of 93 Packet Pg.419 F.7.f 5.3.3 The Proposer shall assume full responsibility for timely delivery at the location designated for receipt of Proposals. 5.3.4 Oral, telephonic, telegraphic, and faxed Proposals are invalid and will not receive consideration. 5.3.5 The Proposal submitted in response to this RFP shall be in 8-1/2" x 11" letter size; shall be clear and concise and provide the information requested herein. The proposal shall be organized and tabbed as noted herein. Statements submitted without the required information will not be considered. Proposals shall be organized as indicated below. The Respondent should not withhold any information from the written response in anticipation of presenting the information orally or in a demonstration. Each Respondent must submit adequate documentation to certify the Respondent's compliance with the County's requirements. Respondent should focus specifically on the information requested. o 5.4 MODIFICATION AND WITHDRAWAL OF PROPOSALS 5.4.1 A Proposal may not be modified, withdrawn, or canceled by the Proposer during the stipulated time period following the time and date designated for the receipt of Proposals, and each Proposer so agrees in submitting his/her Proposal. 0 5.4.2 Prior to the time and date designated for receipt of Proposals, any Proposal submitted may be modified by delivery to Monroe County Purchasing Department of a complete Proposal as modified. All emails shall be marked "Modified Proposal". Delivery shall comply with requirements for the original proposal. 5.4.3 Proposals may be withdrawn prior to the time and date designated for the receipt of Proposals. Withdrawn Proposals may be resubmitted up to the time designated for the receipt of Proposals provided that they are then fully in conformance with these Instructions to Proposers. U) 5.4.4 Conditional, modified, or qualified proposals will be rejected. Proposers are to comply 0. with the instructions on the proposal forms, and not make any changes thereto. 76 4- 5.5 CONTENT OF SUBMISSION U) The following information, at a minimum, shall be included in the Submittal: CL Section 1. Proposed Costs and Services (including Proposal Form) This should include all options requested as delineated on the Proposal Form. CL Section 2. Prior Monroe County Experience (including references) Any current or prior relevant experience working on County projects or facilities. Also U' include work for other governmental or non-governmental entities within Monroe County and references among the staff of those organizations. Section 3. Qualifications of Staff c� INSTRUCTIONS TO PROPOSER 00110- Page 13 of 93 Packet Pg.420 F.7.f Identify key staff and their qualifications and experience to provide the services requested. Among factors to be considered are certifications and qualifications. Timely and accurate CL reporting and invoicing will also be considered. U) Section 4. County Forms, Financial Information, and Litigation Forms Provide answers to all questions, forms, and backup information as requested under Paragraph 1, Section 00120 of this RFP. ARTICLE 6 CONSIDERATION OF PROPOSALS 6.1 OPENING OF PROPOSALS 6.1.1 The properly identified Proposals received on time will be opened by the Monroe County o Purchasing Department. The public is permitted to be present via a virtually held bid opening as specified in Article 5.3.2. 6.1.2 Any Proposal not received via email by the Purchasing Department on or before the deadline for receipt of proposals designated in the Notice of Calling for Proposals will not - be given consideration. 0 6.2 PROPOSALS TO REMAIN OPEN All Proposals shall remain open and valid for ninety (90) days after the date designated for receipt of Proposals. 6.3 AWARD OF CONTRACT 6.3.1 The Owner reserves the right to reject any and all proposals, or any part of a proposal. The Owner reserves the right to waive variations from the specifications that do not render the proposal non-conforming, to re-advertise for competitive solicitations, or to abandon the project, purchase of goods, or request for competitive solicitations. The Owner retains 0. the right to disregard non-conformities, non-responsive proposals, or conditional proposals in the best interest of the County. ; 6.3.2 In evaluating Proposals, the Owner shall consider the qualifications of the proposers, the responses to the ranking criteria, and whether or not the Proposals comply with the prescribed requirements in the Proposal Documents. 6.3.3 Where legally acceptable the Owner shall consider preference to local businesses in making a purchase or awarding a contract who meet the criteria for a local business as defined by Section 2-349 of the Monroe County Code. c� 6.3.4 Individuals or firms which meet all the criteria in Section 2-349 of the Monroe County Code and are a conforming and responsible proposer shall receive local preference and shall be given an amount not to exceed two and one-half percent (2.5%) of the lowest nonlocal responsive and responsible proposer. Total proposal price shall include the base proposal and all alternatives or options to the base proposal, which are part of the proposal and being recommended for award by the appropriate authority. INSTRUCTIONS TO PROPOSER 00110- Page 14 of 93 Packet Pg.421 F.7.f 6.3.5 If the Local Business subcontracts fifty percent (50%) or more of the goods, services, or construction to other "Local Businesses" which meet all of the criteria in Section 2-349 of the Monroe County Code, an additional two and one-half percent (2.5%) preference will be given of the lowest nonlocal responsive and responsible proposer. 6.3.6 The application of local preference may be waived upon written recommendation by the Owner and approval by the Monroe County Board of County Commissioners at the time of Award of Contract. Waiver of the application of the local preference is based upon analysis of the marketplace and in consideration of the special or unique quality of goods, services, or professional services sought to be purchased by the Owner. 6.3.7 The Owner may conduct such investigations, as deemed necessary to assist in the evaluation of any Proposal and to establish the responsibility, qualifications, and financial o ability of the Proposers, proposed subcontractors, and other persons or organizations to do the Work in accordance with the Contract Documents to the Owner's satisfaction within the prescribed time. 6.3.8 The Owner reserves the right to request any additional information related to the financial qualifications, technical competence, the ability to satisfactorily perform within the contract - time constraints, or other information the department deems necessary to enable the department and Board of County Commissioners to determine if the person responding is 0 responsible. 6.3.9 The Owner reserves the right to reject the Proposal of any Proposer who does not pass any such evaluation to its satisfaction. 6.3.10 If the Contract is awarded, it will be awarded to the best, conforming responsible, responsive Proposer, based on the ranking criteria provided herein, with consideration to local businesses. 6.3.11 If the Contract is to be awarded, the Owner will issue the Notice of Award to the successful U) Proposer within ninety(90)days after the date of receipt of proposals. The Owner reserves 0. the right to return all Proposals, not make any awards, and cancel the Project. The Owner reserves the right to not accept any proposals and advertise another RFP for the job. 6.3.12 The Owner is tax exempt and reserves the right to purchase directly various materials and equipment that may be a part of the Contract. If the Owner elects to make a particular purchase, the Owner will, via a Purchase Contract, purchase the materials and equipment, and the Contractor shall assist the Owner in the preparation of these Purchase Contracts, including providing to the Owner appropriate tax credits. The Contractor agrees that the amount of the purchase and the appropriate tax credit will be the subject of a deductive change order in recognition of the fact that the purchase and taxes were computed into the contractor's costs and such deduction will be noted via an amendment to the Contract. U) 6.3.13 Tie Breaker Procedure: In the event the same competitive solicitation amounts are received from two (2) or more responders who are considered by the BOCC to be equally qualified and responsive or when two (2) or more responders are equal in rank and score, and only one (1) of the responders has a principal place of business in Monroe County, FL, the award shall be to the responder who has a principal place of business located in INSTRUCTIONS TO PROPOSER 00110- Page 15 of 93 Packet Pg.422 F.7.f Monroe County, FL, except where prohibited by federally funded contracts. Otherwise, the tie will be resolved by draw from an opaque container. 6.3.14 Protest Procedure: Any Bidder/Respondent/Proposer who claims to be adversely affected by the decision or intended decision to award a contract shall submit in writing a notice of protest which must be received by the County within seventy-two (72) hours or three (3) business days, whichever is less, after the posting of the Notice of Decision or Intended Decision on DemandStar or posting of the Notice of Decision or Intended Decision on the Monroe County Board of County Commissioner' agenda, whichever occurs first. Additionally, a formal written protest must be submitted in writing and must be received by the County Attorney's Office seventy-two (72) hours or three (3) business days prior to the Board of County Commissioner's meeting date in which the award of contract by the Board of County Commissioners will be heard. The only opportunity to address protest claims is before the BOCC at the designated public meeting in which the agenda item awarding the o contract is heard. In accordance with the Rules of Debate as set forth in the Monroe County Board of County Commissioners Administrative Procedures, the Bidder/Respondent/Proposer that filed the protest is responsible for providing the Clerk with his/her name and residence prior to the agenda item to award the contract being called in order to preserve their opportunity to be heard on this matter. An individual has three (3) minutes to address the Commission and a person representing an organization - has five(5) minutes to address the Commission. The BOCC decision to award the contract is final and at their sole discretion. Failure to timely protest within the times prescribed 0 herein shall constitute a waiver of the ability to protest the award of contract, unless it is determined that it is in the best interest of the County to do so. The filing of a protest shall not stop the solicitation, negotiations, or contract award process, unless it is determined that it is in the best interest of the County to do so. 6.4 EXECUTION OF CONTRACT 0 A. Upon Notice of Intent to Award by the County, the contract shall be put in final form by the Facilities Maintenance Department and given to the Contractor for signature. The Contractor shall fully execute, scan, and return via email one (1) original electronic copy 0. of the Contract Agreement to the Director of Facilities Maintenance or his designee, within ten (10) days after receipt of a contract from Facilities Maintenance, along with all other applicable Contract Documents attached. An original Insurance Certificate shall be provided to the Facilities Maintenance Department within fourteen (14) days after approval of the contract by the Board of County Commissioners, if it has not already been previously provided. A Notice to Proceed will be issued to the Contractor after approval of the contract by the BOCC and upon satisfactory compliance with these provisions. In no event shall the failure of the Contractor to provide satisfactory Insurance Certificates within the stipulated time be cause for an extension of the contract time. Facilities Maintenance will return one (1) fully executed copy of the Contract Agreement to the Contractor with all other Contract Documents attached upon receipt from the Owner. U' ARTICLE 7 SPECIAL LEGAL REQUIREMENTS c� INSTRUCTIONS TO PROPOSER 00110- Page 16 of 93 Packet Pg.423 F.7.f 7.1 Each Proposer, before submitting the Proposal, shall familiarize itself with all Federal, State, and local laws, ordinances, permit fees, impact fees, rules, and regulations that may apply to the Work or that may in any manner affect the cost, progress, or performance of the Work. Monroe County requires its buildings to conform to Florida Green Building Coalition standards. 7.2 A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant 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 o of thirty-six (36) months from the date of being placed on the convicted vendor list. End of Section 00110 - 0 0 U) 0 CL 4- U) CL CL CL c� U) E c� INSTRUCTIONS TO PROPOSER 00110- Page 17 of 93 Packet Pg.424 F.7.f SECTION 00120 PROPOSALFORM The Proposal shall be submitted on the forms included in this section of the Proposal Documents as previously instructed herein. CL c� U) Item Description Pages U) 1. Proposal Form 21-23 2. Non-Collusion Affidavit 24 CL CL 3. Lobbying and Conflict of Interest Clause 25 4. Drug-Free Workplace Form 26 5. Local Preference Form 27 0 0 6. Public Entity Crime Statement 28 7. Vendor Certification Regarding Scrutinized Companies Lists 29 8. Insurance Requirements and Checklist 30 9. Workers Compensation and Employers' Liability 31 General Liability 32 0 Vehicle Liability 33 10. Proposer's Insurance and Indemnification Statement 34-35 11. Insurance Agent's Statements 36 12. Contractor's Licenses (contractor/ business /certifications): A current copy to be submitted with Proposal. 0 INFORMATION REQUIRED TO BE PROVIDED U) 0 1. In order to determine if the persons or entity submitting proposals are responsible, all Proposals for contracts to be awarded under this section must contain the following information: A. A list of the entity's shareholders with five percent (5%) or more of the stock or, if a general partnership, a list of the general partners; or, if a limited liability company, a list of its members; if a solely owned proprietorship, names(s) of owner(s). A copy of documentation demonstrating that the entity is a legally viable entity shall be attached. B. A list of the officers and directors of the entity. c� U) C. Relevant Experience: The number of years the person or entity has been operating and, if different, the number of years it has been providing the service, goods, or construction services called for in the proposal specifications (include a list of similar projects). c� PROPOSAL FORM 00120- Page 18 of 93 Packet Pg.425 F.7.f D. The number of years the person or entity has operated under its present name and any prior names. E. Answers to the following questions regarding claims and suits: a. Has the person or entity ever failed to complete work or provide the goods for which it has contracted? (If yes, provide details of the job, including where the job was located and the name of the owner.) U) YES NO b. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the person, principal of the entity, or entity, or its officers, directors, or general partners (this specifically includes any present or prior entities in which the person, principal, entity, officer, director or general partner of the proposing entity has been involved as a person, principal, entity, officer, director or general partner in the last five (5) years)? (If yes, provide details, include enough information about the judgment, claim, arbitration, or suit so that the Owner will able to obtain a copy of the judgment or claim or locate the suit by location and case number.) M 4- 0 YES NO 0 C. Has the person, principal of the entity, entity, or its officers, major shareholders or directors within the last five (5) years, been a party to any lawsuits or arbitrations with regard to a contract for services, goods or construction services similar to those requested in the specifications with private or public entities? This specifically includes any present or prior entities in which the person, principal, entity, officer, director or general partner of the proposing entity has been involved as a person, principal, o entity, officer, director or general partner in the last five (5) years. (If yes, provide details, include enough information about the judgment, claim, 0 arbitration, or suit so that the Owner will able to obtain a copy of the 0. judgment or claim or locate the suit by location and case number.) 76 4- YES NO U) d. Has the person, principal of the entity, or its officers, owners, partners, CL major shareholders or directors, ever initiated litigation against Monroe CL County or been sued by Monroe County in connection with a contract to provide services, goods or construction services?This specifically includes S any present or prior entities in which the person, principal, entity, officer, director or general partner of the proposing entity has been involved as a U) person, principal, entity, officer, director or general partner. (If yes, provide details, include enough information about the judgment, claim, arbitration, or suit so that the Owner will able to obtain a copy of the judgment or claim or locate the suit by location and case number.) c� PROPOSAL FORM 00120- Page 19 of 93 Packet Pg.426 F.7.f YES NO e. Whether, within the last five (5) years, the Owner, an officer, general partner, controlling shareholder or major creditor of the person or entity was an officer, general partner, controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for bids. (If yes, provide details and information about the failure to perform services or furnish goods that will enable the Owner to thoroughly consider the matter.) YES NO f. Customer references (minimum of three), including name, current address, and current telephone number. Credit References (minimum of three), o including name, current address, and current telephone number. ° g. Financial statements for the prior three (3) years. Please provide in a separate email for the Contractor's confidentiality, and clearly label the email "CONFIDENTIAL." ("Any financial statement that an agency requires a prospective bidder to submit in order to prequalify for bidding or for responding to a bid for a road or any other public works project is exempt from F.S. §119.07(1) and s.24(a), Art. 1 of the State Constitution.") However, any financial information the Contractor includes in the proposal packet, which is not marked as "Confidential", may be disclosed in any public records request and will not be treated as "Confidential." The County shall incur no liability for inadvertent disclosure of financial records that are not properly marked. 0 U) 0 0. 76 4- c� E c� PROPOSAL FORM 00120- Page 20 of 93 Packet Pg.427 F.7.f SECTION 00120 PROPOSALFORM PROPOSAL TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT 1100 SIMONTON STREET ROOM 2-213 KEY WEST, FLORIDA 33040 PROPOSAL FROM: 0 The undersigned, having carefully examined the Scope of Work and other reference documents, if any, Proposal, and Addenda thereto, and other Contract Documents for the work described as: UPPER KEYS LANDSCAPING MAINTENANCE - MULTIPLE LOCATIONS 0 and having been afforded the opportunity to carefully examine the site(s)where the Work is to be 0 performed, having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself/herself with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the Work, does hereby propose to furnish all applicable labor, mechanics, superintendents, tools, material, equipment, ° transportation services, and all incidentals necessary to perform and complete said Work and work incidental hereto, in a workman-like manner, in conformance with said Scope of Work, and other Contract Documents including Addenda issued thereto. The undersigned further certifies that he/she has been given the opportunity to personally inspect 0 the actual location(s) of where the Work is to be performed, together with the local sources of supply and that he/she understands the conditions under which the Work is to be performed. The U) successful proposer shall assume the risk of any and all costs and delays arising from the 0. existence of any subsurface or other latent physical condition which could be reasonably 76 anticipated by reference to documentary information provided and made available, and from any inspection and examination of the site(s). U) The Total Base Proposal shall be furnished below in words and numbers. If there is an inconsistency between the two, the Proposal in words shall control. Total Regular Monthly Cleaning, Maintenance, and Landscaping Fee for Services at Murray Nelson Government Center: c� Dollars. U' (Total Base Proposal-words) $ Dollars. (Total Base Proposal — numbers) c� PROPOSAL FORM 00120- Page 21 of 93 Packet Pg.428 F.7.f Total Regular Monthly Cleaning, Maintenance, and Landscaping Fee for Services at Plantation Key Government Center: Dollars. (Total Base Proposal-words) $ Dollars. (Total Base Proposal — numbers) Emergency Cleaning, Maintenance, and Landscaping Services, (ex. Post — hurricane cleanup, including all costs associated with equipment, debris removal, and dumping fees: Total Hourly Fee for Emergency Services - (including equipment costs & dumping fees): $ Dollars. (Total Base Proposal —numbers) 4- Dollars. o (Total Base Proposal —words) 0 CL CL There shall be no additional charges submitted to the Owner for travel, mileage, meals, or lodging. W 0 I acknowledge Alternates as follows: N/A 0. Unit prices, if any, are as follows: N/A 76 4- I acknowledge receipt of Addenda No.(s) No. Dated No. Dated No. Dated No. Dated E c� PROPOSAL FORM 00120- Page 22 of 93 Packet Pg.429 F.7.f Proposer, states by his/her check mark in the blank beside the form and by his/her signature that he/she has provided the following requirements (located in Section 00120): CL c� U) 1 Proposal Form 2 Non-Collusion Affidavit 3 Lobbying and Conflict of Interest Clause 4 Drug-Free Workplace Form 5 Local Preference Form and requirements (if applicable) CL CL 6 Public Entity Crime Statement 7 Vendor Certification Regarding Scrutinized Companies Lists 8 Proposer's Insurance and Indemnification Statement 9 Insurance Agent's Statement(signed by agent) o 10 Answered Required Questions 11 Provided three (3) Customer References and three (3) Credit References 12 Provided three (3) years of Financial Statements in a separate email 13 Certified copy of Valid Florida Contractor's License 14 Current Monroe County Occupational License o 0 CL CL Business Name: DBA: Business EIN # Business Address: Mailing Address: E City, State, Zip City, State, Zip Phone: Local Phone: o Email: 0 0. 76 The physical business address must be registered at 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 or proposal. Date: Signed: Printed: Title: c� Witness: E c� PROPOSAL FORM 00120- Page 23 of 93 Packet Pg.430 F.7.f NON-COLLUSION AFFIDAVIT I, of the city of according to law on my oath, and under penalty of perjury, depose and say that: a. I am of the firm of the proposer making the Proposal for the project described in the Request for Proposals for and that I executed the said proposal with full authority to do so; b. The prices in this proposal have been arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor; 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 0 knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly, to any other proposer or to any competitor; and 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 purpose of restricting competition; 0 e. The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. CL CL (Signature) Date: STATE OF: 0 COUNTY OF: U) 0 CL Subscribed and sworn to (or affirmed) before me, by means of❑ physical presence or❑ online 4- notarization, on (date) by CL U) (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. CL CL CL c� NOTARY PUBLIC (SEAL) My Commission Expires: E c� PROPOSAL FORM 00120- Page 24 of 93 Packet Pg.431 F.7.f LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA c� U) ETHICS CLAUSE (Company) "...warrants that he/she/it has not employed, retained or otherwise had act on his/her/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee." 4- 0 0 (Signature) CL Date: STATE OF: U) COUNTY OF: CL 76 4- Subscribed and sworn to (or affirmed) before me, by means of❑ physical presence or❑ online U) notarization, on (date) by (name of affiant). He/She is personally known to me or CL CL has produced (type of identification) as identification. CL c� U) (SEAL) NOTARY PUBLIC ; My Commission Expires: E c� PROPOSAL FORM 00120- Page 25 of 93 Packet Pg.432 F.7.f DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statutes, Sec. 287.087, hereby certifies that: c� U) (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 0 3. Give each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere 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 than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any < employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through ° implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. 0 U) 0 CL (Proposer's Signature) 76 Date: CL STATE OF: U) COUNTY OF: Subscribed and sworn to(or affirmed)before me, by means of❑ physical presence or❑online notarization, CL CL on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. c� U) (SEAL) NOTARY PUBLIC My Commission Expires: PROPOSAL FORM 00120- Page 26 of 93 Packet Pg.433 F.7.f LOCAL PREFERENCE FORM A. Vendors claiming a local preference according to Ordinance 023-2009, as amended by Ordinance No. 004-2015 and 025-2015, must complete this form. Name of Bidder/Responder: Date: 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.) 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 or proposal.) List Address: Telephone Number: 0 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? If yes, please provide: 1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated 0 at least one (1)year prior to the notice or request for bid or proposal. 0 2. Subcontractor's physical business address within Monroe County from which the subcontractor operates: (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 bids or proposals) Tel. Number Address E E Print Name: Signature and Title of Authorized Signatory for Bidder/Responder 0 0. STATE OF: 4- COUNTY OF: U) Subscribed and sworn to(or affirmed)before me, by means of❑ physical presence or❑online notarization, on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. c� U) (SEAL) NOTARY PUBLIC My Commission Expires: PROPOSAL FORM 00120- Page 27 of 93 Packet Pg.434 F.7.f 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, proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or consultant 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 of thirty-six (36) months from the date of being placed on the convicted vendor list." 0 I have read the above and state that neither (Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last thirty-six (36) months. 4- 0 0 (Signature) Date: STATE OF: 0 0 U) 0 COUNTY OF: 0. 4- Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online W notarization, on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. c� NOTARY PUBLIC (SEAL) c� My Commission Expires: PROPOSAL FORM 00120- Page 28 of 93 Packet Pg.435 F.7.f VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): Respondent Vendor Name: CL Vendor FEIN: Vendor's Authorized Representative Name and Title: Address: U), City: State: Zip: CL a� Phone Number: CL Email Address: Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or 0 renewal,the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also 3: prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which , were created pursuant to s.215.473,Florida Statutes,or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified CL above in the Section entitled "Respondent Vendor Name"is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may E a� subject company to civil penalties, attorney's fees, and/or costs.I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a 0 false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized 0 Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations C in Cuba or Syria. ; Certified By: who is authorized to sign on behalf of the above referenced company. U a� Authorized Signature: C, Print Name: Title: .� Note: The List are available at the following Department of Management Services Site: IYt�II7: w�w.��lY'Y .l'Y'Yy�IG)`I�;� Y.C�NI'Y'Y �71V ICb Y C)17 ;ll;Y�I0 Y..e I..71.V1 C"IYaY...lYb ; ti Yb„���Nll itif'nna tiorb/C"�'rivict d `L s tern:� discriminatory ,Lon ghYirit� veridor` list c� PROPOSAL FORM 00120- Page 29 of 93 Packet Pg.436 F.7.f SECTION 00130 INSURANCE REQUIREMENTS AND FORMS MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES General Insurance Requirements for Construction Contractors and Subcontractors Prior to the commencement of work governed by this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in the attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Sub-Contractors engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre- staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from o the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may o result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor will be held responsible for all deductibles and self-insured retentions that may be contained in the Contractor's Insurance policies. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: 0 • Certificate of Insurance or • A Certified copy of the actual insurance policy. 0. The County, at its sole option, has the right to request a certified copy of any or all insurance 76 policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material W change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. In addition, the County will be named as an Additional Insured and Loss Payee on all policies covering County-owned property. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements"and approved by Monroe County Risk Management. INSURANCE REQUIREMENTS AND FORMS 00130- Page 30 of 93 Packet Pg.437 F.7.f WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT: UPPER KEYS LANDSCAPING MAINTENANCE - MULTIPLE LOCATIONS BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes and the requirements of Florida Statutes, Chapter 440. 0 In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident - $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee 0 Coverage shall be maintained throughout the entire term of the contract. 0 Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self- insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. 0 If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund U) upon request from the County. 0. 76 4- c� E c� INSURANCE REQUIREMENTS AND FORMS 00130- Page 31 of 93 Packet Pg.438 F.7.f GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT: UPPER KEYS LANDSCAPING MAINTENANCE - MULTIPLE LOCATIONS U) BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain General o Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability 0 • Personal Injury Liability 0 The minimum limits acceptable shall be: $500,000 Combined Single Limit 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. a 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. 0. The Monroe County Board of County Commissioners shall be named as Additional Insured on all 76 policies issued to satisfy the above requirements. c� E c� INSURANCE REQUIREMENTS AND FORMS 00130- Page 32 of 93 Packet Pg.439 F.7.f VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR UPPER KEYS LANDSCAPING MAINTENANCE - MULTIPLE LOCATIONS BETWEEN MONROE COUNTY, FLORIDA AND 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: o 0 • Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) - If split limits are provided, the minimum limits acceptable shall be: 0 $200,000 per Person $300,000 per Occurrence $200,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 0 U) 0 0. 76 4- c� c� INSURANCE REQUIREMENTS AND FORMS 00130- Page 33 of 93 Packet Pg.440 F.7.f PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS CL cu Worker's Compensation Statutory Limits U) Employers Liability $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease Policy Limits $100,000 Bodily Injury by Disease, each employee General Liability, including $500,000 Combined Single Limit Premises Operations Products and Completed Operations Blanket Contractual Liability o Personal Injury Liability ° Vehicle Liability (Owned, non-owned, and hired vehicles) $300,000 Combined Single Limit If split limits are preferred: 4- $200,000 per Person o $300,000 per Occurrence > 0 $200,000 Property Damage Builder's Risk Not Required Performance Bond Not Required The Monroe County Board of County Commissioners, 1100 Simonton Street, Key West, 0 Florida 33040, shall be named as Additional Insured on General Liability and Vehicle policies issued to satisfy the above requirements. 0. Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum insurance ; requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify, and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions, or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses 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, or other invitees during the term of this Agreement, (B) the negligence or S recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors, or other invitees, or (C) Contractor's U) default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs, or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors, or invitees (other than Contractor). The monetary limitation of E liability under this contract shall be equal to the dollar value of the contract and not less than $1 INSURANCE REQUIREMENTS AND FORMS 00130- Page 34 of 93 Packet Pg.441 F.7.f million per occurrence pursuant to Fla. Stat., Sec, 725.06. The limits of liability shall be as set forth in the insurance requirements included in this Section 00130. 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. c� In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor s failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this AGREEMENT. o PROPOSER'S STATEMENT 1 understand the insurance that will be mandatory if awarded the contract and will comply in full 0 with all of the requirements herein. I fully accept the indemnification and hold harmless and duty to defend as set out in this proposal. 0 PROPOSER Signature 0 U) 0 0. 4- c� c� INSURANCE REQUIREMENTS AND FORMS 00130- Page 35 of 93 Packet Pg.442 F.7.f c� INSURANCE AGENT'S STATEMENT U' U) I have reviewed the above requirements with the proposer named above. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES 0 4- 0 0 Liability policies are Occurrence Claims Made Insurance Agency Signature 0 U) 0 0. 76 4- U) End of Section 00130 c� E c� INSURANCE REQUIREMENTS AND FORMS 00130- Page 36 of 93 Packet Pg.443 F.7.f SECTION 00500 DRAFT AGREEMENT c� AGREEMENT FOR UPPER KEYS LANDSCAPING MAINTENANCE - MULTIPLE LOCATIONS MONROE COUNTY, FLORIDA This Agreement is made and entered into this day of , 20227 0 between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 330407 and , a Corporation, authorized to do business in the State of Florida, ("CONTRACTOR"), whose address is 4- 0 WHEREAS, COUNTY desires to contract for the performance of the work or services described in Attachment "A", Attachment "B", and Attachment "C"; and WHEREAS, CONTRACTOR desires to and is able to perform the work or services described in the attached Attachment "A", Attachment "B", and Attachment "C"; and WHEREAS, it serves a legitimate public purpose for CONTRACTOR to perform the work or services described in the attached Attachment "A", Attachment "B", and Attachment "C" for Monroe County; NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants U) contained herein, it is agreed as follows: 0. 76 1. THE AGREEMENT The Agreement consists of this document, the Request for Proposals ("RFP") documents, exhibits, and any addenda only. 2. SCOPE OF WORK The Scope of Work shall include, but not be limited to, all work and / or services shown and listed in Attachment "A", Attachment "B", and Attachment "C", which are attached hereto and made a part hereof. The Contractor is required to provide a complete job as contemplated by this Scope of Work. The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies, permits, if any are necessary, and any other means of construction or work necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated, or as amended throughout the term of this Agreement. The Contractor shall be responsible for the scheduling of services required per the Scope of Work, so as each task is satisfactorily completed. On-site services shall be INSURANCE REQUIREMENTS AND FORMS 00130- Page 37 of 93 Packet Pg.444 F.7.f provided no less than twice a week at each location, understanding that some weeks may require additional days. 3. PERSONNEL c) Communication between the County Representative and the Contractor's personnel is very important. Therefore, the Contractor must assure that at least one (1) of its personnel per building can communicate well in the English language with the County Representative. Any employee hired by the Contractor will be the Contractor's employee and in no way has any association with the County. The Contractor shall insure that its employees are trained in all appropriate safety regulations, including but not limited to, OSHA regulations, and all other applicable local, State and Federal regulations. Uniforms are preferred for Contractor's personnel; however, photo identification cards are 0 required, which shall clearly identify personnel as employees of the Contractor. This requirement shall apply upon entering County property and at all times while on duty. 4. BACKGROUND CHECKS/ FINGERPRINTING 4- Contractor employees must consent to Level One background checks and the results are to 0 be provided to the County within thirty (30) days of award of the contract. The County reserves the right to refuse personnel based on results of the background check. The County reserves the right to demand of the Contractor replacement of an employee for the Contractor if a conflict or problem with that employee should arise. The County's Facilities Maintenance Director or his designee shall have the right to require any employee(s) of the Contractor to be permanently removed from any County facility serviced by the Contractor whenever it appears to be in the best interest of the County. It is the responsibility of the Contractor to inform the Facilities Maintenance Director or his designee of all new hires and the results of the background check. The Contractor will be responsible for the supervision, 0 hiring and firing of their own employees, and shall be solely responsible for the pay, worker's 0 compensation insurance, and benefits. U) 0. 76 Some work will be conducted at secure facilities, including, but not limited to law 4- enforcement and fire rescue. Background checks, including at a minimum: A. Warrants check; B. Fingerprints; C. Local Records check; D. Prior employment check; and E. Criminal History check c� U) are required of Contractor's personnel that will enter Monroe County Sheriff's Office ("MCSO") facilities. Background checks on such personnel will be conducted by the MCSO. MCSO may prohibit entry to, or remove from, any secure facility any Contractor employee who, in the judgment of MCSO, poses a risk to the security or good order of the facility. Thereafter, MCSO and the Contractor will immediately discuss resolution of the problem. If INSURANCE REQUIREMENTS AND FORMS 00130- Page 38 of 93 Packet Pg.445 F.7.f the problem is not resolved to the satisfaction of the MCSO, the employee shall not be permitted to return to any facility operated by the MCSO. Contractor will promptly replace the employee at no additional cost to County. U) Contractor further agrees to notify County immediately upon becoming aware that one of its employees or subcontractor's employees, who previously completed the background check is subsequently arrested or convicted of any crime. Failure by Contractor to notify County of such arrest or conviction within forty-eight (48) hours of being put on notice by the employee/subcontractor and/or within five(5) days of its occurrence shall constitute grounds for immediate termination of this contract by County. The parties further agree that failure by Contractor to perform any of the duties described in this paragraph shall constitute a material breach of the contract entitling County to terminate this contract immediately with no further responsibility to make payment or perform any other duties described herein. 0 5. CONTRACT SUM AND PAYMENTS TO CONTRACTOR A. Monroe County's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners ("BOCC"). County shall pay in accordance with the Florida Local Government Prompt Payment Act and Monroe County Code; payment will be made after delivery and inspection by County and upon submission of a proper invoice by Contractor. o 0 B. The County shall pay to the Contractor for the faithful performance of said service on a per month in arrears basis for each of twelve (12) months. The Contractor shall invoice Monroe County Facilities Maintenance Department monthly for landscaping services performed under the Scope of Work contained herein. The Contract amount shall be ($ ) Dollars per month for Plantation Key Government Center and ($ ) Dollars per month for Murray Nelson Center. The County shall pay to the Contractor ($ ) Dollars per hour for emergency cleaning, maintenance, and landscaping services (ex. Post-hurricane clean-ups, including all costs associated with equipment, debris removal, and dumping fees). U) 0 0. 76 C. Contractor shall submit to County invoices monthly in arrears with supporting documentation acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. Payment may be withheld for failure of Contractor to comply with a term, condition, or requirement of this Agreement. Monroe County's Fiscal Year is October 1 Sc through September 301h. All outstanding invoices must be submitted for payment within ten (10) days of the end of the Fiscal Year to avoid non-payment for those services. D. Total compensation to CONTRACTOR under this Agreement shall not exceed ($ ) Dollars annually, unless pre-approved work requiring additional funds is implemented. Additional emergency work shall be performed in accordance with the rates as set forth and described herein, but such work must be pre- approved. c� INSURANCE REQUIREMENTS AND FORMS 00130- Page 39 of 93 Packet Pg.446 F.7.f There shall be no additional charges to the County for travel, mileage, meals, or lodging. Contractor shall submit itemized invoices in writing. c� 6. TERM OF AGREEMENT This two (2) year Agreement shall commence on October 1, 2022, and ends upon September 30, 2024, unless terminated earlier under paragraph 21 of this Agreement. The County shall have the option to renew this Agreement for up to an additional three 3) one- , year periods on terms and conditions mutually agreeable to the parties, exercisable upon written notice given at least thirty (30) days prior to the end of the initial term. Unless the context clearly indicates otherwise, references to the "term" of this Agreement shall mean the initial term of two 0 (2) years. The County is not required to state a reason if it elects not to renew. The Contract amount maybe adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) or 3%, whichever is less, for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI-U computation or 3%, whichever is less, at December 31 of the previous year. 4- 0 7. LICENSES Contractor has, and shall maintain throughout the term of this Agreement, appropriate licenses. Proof of such licenses shall be submitted to the County upon execution of this Agreement and annually thereafter or upon any renewal. 8. MAINTENANCE OF RECORDS Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven (7) years from the termination of this Agreement or five (5) years from the submission of the final expenditure report as per 2 CFR 0. §200.33, if applicable, whichever is greater. Each party to this Agreement or their authorized 76 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 seven (7) years following the termination of this Agreement. 9. RIGHT TO AUDIT Availability of Records. The records of the parties to this Agreement relating to the Project,which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by County or the Monroe County Office of the Clerk of Court and Comptroller(hereinafter referred to as"County Clerk")to substantiate charges related INSURANCE REQUIREMENTS AND FORMS 00130- Page 40 of 93 Packet Pg.447 F.7.f to this agreement, and all other agreements, sources of information and matters that may in County's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by County's representative and/or agents or the County Clerk. County or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors' representatives. All records shall be , kept for ten (10) years after Final Completion of the Project. The County Clerk possesses the independent authority to conduct an audit of Records, assets, and activities relating to this Project. If any auditor employed by Monroe County or County Clerk determines that monies paid o to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Section 55.03, F.S., running from the date the monies were paid to Contractor. The right to audit provisions survives the termination of expiration of this Agreement. 10. PUBLIC RECORDS COMPLIANCE Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of Article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the 0 form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. 0. 76 4- The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Fla. Stat., Sec. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the c� INSURANCE REQUIREMENTS AND FORMS 00130- Page 41 of 93 Packet Pg.448 F.7.f contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made o directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE 0 APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE NO. 305-292-3470, BRADLEY- BRIAN(&,MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH STREET, SUITE 408, KEY WEST, FL 33040. n U) 11. HOLD HARMLESS, INDEMNIFICATION, DEFENSE, AND INSURANCE Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor 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 INSURANCE REQUIREMENTS AND FORMS 00130- Page 42 of 93 Packet Pg.449 F.7.f proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors, or other invitees during the term of this Agreement, (B) the negligence, recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors, or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors, or invitees (other than Contractor). The monetary limitation of liability under this Agreement shall be equal to the dollar value of the contract and not less than $1 million per occurrence pursuant to Section 725.06, Florida Statutes. The limits of liability shall be as set forth in the insurance o requirements included in this paragraph. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor s failure to purchase or maintain the required 0 insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Failure of Contractor to comply with the requirements of this section shall be cause for immediate termination of this Agreement. o Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY Certificates of Insurance indicating the minimum coverage limitations in the following amounts: 0. WORKERS COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE. Where applicable, coverage to apply for all employees at minimum statutory limits as required by Florida Law, and Employee's Liability coverage in the amount of$100,000.00 bodily injury by accident, $500,000.00 bodily injury by disease, policy limits, and $100,000.00 bodily injury by disease, each employee. COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less than $300,000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. If single limits are provided, the minimum acceptable limits are $200,000.00 per person, $300,000.00 per occurrence, and $200,000.00 property damage. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. c� INSURANCE REQUIREMENTS AND FORMS 00130- Page 43 of 93 Packet Pg.450 F.7.f COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with limits of liability of not less than $500,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. c� U) CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the County at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the County before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the County, its officials, employees, agents, and volunteers. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, 1100 SIMONTON o STREET, KEY WEST, FLORIDA 33040, MUST BE NAMED AS CERTIFICATE HOLDER ° AND ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKER'S COMPENSATION. 12. NON-WAIVER OF IMMUNITY 4- 0 Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and Contractor in this Agreement and the acquisition of any commercial liability 0 insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the County be required to contain any provision for waiver. ° 13. INDEPENDENT CONTRACTOR At all times and for all purposes under this Agreement, Contractor is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. o No statement contained in this Agreement shall be construed so as to find Contractor or any of its employees, subcontractors, servants, or agents to be employees of the Board of 0. County Commissioners of Monroe County. 4- 14. NONDISCRIMINATION/ EQUAL EMPLOYMENT OPPORTUNITY CONTRACTOR and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONTRACTOR and COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI I of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5)The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating INSURANCE REQUIREMENTS AND FORMS 00130- Page 44 of 93 Packet Pg.451 F.7.f to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national , origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11)Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. o 0 During the performance of this Agreement, the CONTRACTOR, in accordance with Equal Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶C, agrees as follows: 0 1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The o Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of 0 this nondiscrimination clause. 0. 4- 2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive U) consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an INSURANCE REQUIREMENTS AND FORMS 00130- Page 45 of 93 Packet Pg.452 F.7.f investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. c� U) 4) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. , 5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the 0 Secretary of Labor. 6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of M the Secretary of Labor, or pursuant thereto, and will permit access to his books, - records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other o sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 4- 8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. c� INSURANCE REQUIREMENTS AND FORMS 00130- Page 46 of 93 Packet Pg.453 F.7.f 15. ASSIGNMENT/SUBCONTRACT Contractor shall not assign or subcontract its obligations under this Agreement to others, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the Board. 16. COMPLIANCE WITH LAW AND LICENSE REQUIREMENTS In providing all services/goods pursuant to this Agreement, Contractor shall abide by all laws of the Federal and State government, ordinances, rules, and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Compliance with all laws includes, but is not limited to, the immigration laws of the Federal and State government. Any violation of said statutes, ordinances, rules, and regulations shall constitute a material breach of this Agreement and shall entitle the Board to terminate this Agreement. Contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this Agreement. - 17. DISCLOSURE AND CONFLICT OF INTEREST Contractor represents that it, its directors, principals and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sec. 112.311, et. seq., Florida Statutes. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position; conflicting employment or contractual relationship; and disclosure or use of certain information. U) 0 0. No Solicitation/Payment. 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 W working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. c� 18. NO PLEDGE OF CREDIT U' Contractor shall not pledge the County's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. INSURANCE REQUIREMENTS AND FORMS 00130- Page 47 of 93 Packet Pg.454 F.7.f 19. NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the COTRACTOR. Any written notices or correspondence required or permitted under this Agreement shall be sent by United States Mail, certified, return receipt requested, postage pre-paid, or by courier with proof of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice is deemed received by CONTRACTOR when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. Notice shall be sent to the following persons: FOR COUNTY: FOR CONTRACTOR: Monroe County Facilities Maintenance Department 0 123 Overseas Hwy. Rockland Key Key West, FL 33040 and 4- 0 County Attorney 1111 121h Street, Suite 408 0 Key West, FL 33040 20. TAXES County is exempt from payment of Florida State Sales and Use taxes. Contractor shall not be exempted by virtue of the County's exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is Contractor authorized to use the County's Tax Exemption Number in securing such materials. Contractor shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this Agreement. 0. 76 4- 21. TERMINATION A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this Agreement after five (5) days' written notification to the CONTRACTOR. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days' written notice of its intention to do so. c� C. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this Agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with five (5) calendar days' notice and provide the CONTRACTOR with INSURANCE REQUIREMENTS AND FORMS 00130- Page 48 of 93 Packet Pg.455 F.7.f an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this Agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this Agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon sixty (60) days' notice to CONTRACTOR. If the COUNTY terminates this Agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this Agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONTRACTOR shall not exceed the spending cap in this Agreement. 0 E. For Contracts of any amount, if the County determines that the Contractor/Consultant 0- has submitted a false certification under Section 287.135(5), Florida Statutes, or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of(1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 0 F. For Contracts of $1,000,000 or more, if the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's W determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 22. GOVERNING LAW, VENUE, AND INTERPRETATION This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, E Florida. The Parties waive their rights to trial by jury. The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or INSURANCE REQUIREMENTS AND FORMS 00130- Page 49 of 93 Packet Pg.456 F.7.f between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. c� 23. MEDIATION U' The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 24. SEVERABILITY o 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 valid and shall be enforceable to the 0 fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the 0 original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 25. ATTORNEYS FEES AND COSTS 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 o of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court U) costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing 0. party, at all levels of the court system, including in appellate proceedings. 4- 26. ADJUDICATION OF DISPUTES OR DISAGREEMENTS U) 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. The CONTRACTOR and COUNTY Representative shall try to resolve the claim or dispute with meet and confer sessions. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of Paragraph 14 or Paragraph 21 concerning termination or cancellation. 27. COOPERATION c� INSURANCE REQUIREMENTS AND FORMS 00130- Page 50 of 93 Packet Pg.457 F.7.f In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 28. 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. 0 29. AUTHORITY Each party represents and warrants to the other that the execution, delivery, and performance of this Agreement have been duly authorized by all necessary County and M corporate action, as required by law. Each party agrees that it has had ample opportunity 0 to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily, and with advice of counsel. 0 30. CLAIMS FOR FEDERAL OR STATE AID Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed as a result of funding that affect the Project will be provided to each party. 0 31. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which 76 apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance W of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 32. LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity 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 c� INSURANCE REQUIREMENTS AND FORMS 00130- Page 51 of 93 Packet Pg.458 F.7.f County, except to the extent permitted by the Florida constitution, state statute, and case law. c� 33. NON-RELIANCE BY NON-PARTIES U' No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 0 34. ATTESTATIONS Contractor agrees to execute such documents as the County may reasonably require to include, but not limited to, a Public Entity Crime Statement, an Ethics Statement, Non- Collusion Statement, and a Drug-Free Workplace Statement. 0 35. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent, or employee of Monroe County in his or her individual capacity, and no member, officer, agent, or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 0 36. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be 0. regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. U) 37. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. c� 38. PUBLIC ENTITY CRIME STATEMENT U) "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, INSURANCE REQUIREMENTS AND FORMS 00130- Page 52 of 93 Packet Pg.459 F.7.f may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant 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 of thirty-six (36) months from the date of being placed on the convicted vendor list." U) 39. MUTUAL REVIEW This Agreement has been carefully reviewed by Contractor and the County. Therefore, this Agreement is not to be construed against either party on the basis of authorship. 40. INCORPORATION OF RFP DOCUMENTS The terms and conditions of the RFP documents are incorporated by reference in this o 0 contract agreement. 41. ANNUAL APPROPRIATION The County's performance and obligation to pay under this Agreement is contingent upon - an annual appropriation by the Board of County Commissioners. In the event that the County funds on which this Agreement is dependent are withdrawn, this Agreement is terminated, 0- and the County has no further obligation under the terms of this Agreement to the Contractor beyond that already incurred by the termination date. 42. COVENANT OF NO INTEREST ° County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 43. AGREEMENTS WITH SUBCONTRACTORS 0 0. In the event that the Contractor subcontracts any or all of the work in this project to any third party, the Contractor specifically agrees to identify the County as an additional insured on all insurance policies required by the County. In addition, the Contractor specifically agrees that all agreements or contracts of any nature with his/her subcontractors shall include the County as an additional insured. 44. FEDERAL CONTRACT REQUIREMENTS The CONTRACTOR and its subcontractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to 2 C.F.R. Part 200, as amended, including but not limited to: 44.1 Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal program legislation,which includes Emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must INSURANCE REQUIREMENTS AND FORMS 00130- Page 53 of 93 Packet Pg.460 F.7.f comply with the Davis-Bacon Act (40 U.S.C. §§3141-3144, and §§3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. If applicable, the COUNTY must place a current prevailing wage determination issued by the Department of Labor in each solicitation, a copy of which is attached hereto as Attachment "D" and made a part hereof. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes Emergency Management o Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the contractors, in contracts for construction or repair work above $2,000 in situations where the Davis-Bacon also applies, must also comply with the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as 0 supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and > Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. 0 (1) Contractor. The contractor shall comply with U.S.C. § 3145, and the requirements of 29 C.F.R. Part 3 as may be applicable, which are o incorporated by reference into this contract. U) 0 0. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. Additionally, in accordance with the regulation, each contractor and subcontractor must furnish each week a statement with respect to the wages paid each of its employees engaged in work covered by the Copeland Anti-Kickback Act and the Davis-Bacon Act during the preceding weekly payroll period. The report shall be delivered by the contractor or subcontractor, within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work. INSURANCE REQUIREMENTS AND FORMS 00130- Page 54 of 93 Packet Pg.461 F.7.f 0 44.2 Contract Work Hours and Safety Standards Act (40 U.S.C. §§3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or 0 contracts for transportation or transmission of intelligence. Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic - in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic 0 receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages;liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of 29 C.F.R. §5.5, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District o of Columbia or a territory, to such District or to such territory), for liquidated U) Damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in 76 violation of the clause set forth in paragraph (b)(1) of 29 C.F.R. §5.5, in the sum of$27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of 29 C.F.R. §5.5. (3) Withholding for unpaid wages and liquidated damages. The Federal agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated INSURANCE REQUIREMENTS AND FORMS 00130- Page 55 of 93 Packet Pg.462 F.7.f damages as provided in the clause set forth in paragraph (b)(2) of 29 C.F.R. §5.5. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in 29 C.F.R. §5.5, paragraphs (b)(1) through (4) and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in 29 C.F.R. §5.5, paragraphs (1) through (4). CL CL 44.3 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding agreement" under 37 CFR§472 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of o experimental, developmental, or research work under that "funding agreement," the ° recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 4- 0 44.4 Clean Air Act (42 U.S.C. 447401-7671g.) and the Federal Water Pollution Control Act (33 U.S.C. 441251-1387). Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended (42 U.S.C. §§7401-7671 q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. §§1251-1387) and will report violations to FEMA/Federal Agency and the appropriate Regional Office of the Environmental Protection Agency (EPA). The Clean ° Air Act (42 U.S.C. §§7401-7671 q.) and the Federal Water Pollution Control Act (33 U.S.C. §§1251-1387), as amended, applies to Contracts and subgrants of amounts in excess of $150,000. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA/Federal agency. The contractor agrees to report each violation to 0 the COUNTY and understands and agrees that the COUNTY will, in turn, report each violation as required to assure notification to FEMA/Federal Agency and the appropriate EPA Regional Office. 4- 44.5 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award under a "covered transaction" (see 2 C.F.R. §180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. Part 180 that implement Executive Orders 12549 (3 C.F.R. part 1986 Comp., p. 189) and 12689 (3 C.F.R. part 1989 Comp., p. 235), "Debarment and Suspension" and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Nonprocurement Debarment and suspension). SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at w.... irm„i,,, �)v. Contractor is required to verify that none of the contractor's principals (defined at 2 C.F.R. §180.935) or its affiliates (defined at 2 C.F.R. §180.905) are excluded (defined at 2 C.F.R. §180.940) or disqualified (defined at 2 C.F.R. §180.935). The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement INSURANCE REQUIREMENTS AND FORMS 00130- Page 56 of 93 Packet Pg.463 F.7.f to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by the COUNTY. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the COUNTY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Bidders or Proposers agree to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Bidder or Proposer further agrees to include a provision requiring such CL compliance in its lower tier covered transactions. CL 44.6 Byrd Anti-Lobbying Amendment (31 U.S.C. & 1352). Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay o any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the - recipient who in turn will forward the certification(s) to the awarding agency. If award exceeds $100,000, the certification, attached hereto as Attachment "E" and made a part hereof, must be signed and submitted by the CONTRACTOR to the COUNTY.) 44.7 Compliance with Procurement of Recovered Materials as set forth in 2 C.F.R. 200.322. CONTRACTOR must comply with Section 6002 of the Solid Waste Disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where 0 the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in U) a manner that maximizes energy and resource recovery; and establishing an affirmative 0. procurement program for procurement of recovered materials identified in the EPA guidelines. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired- 1. Competitively within a timeframe providing for compliance with the contract performance schedule; 2. Meeting contract performance requirements; or 3. At a reasonable price. U) Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. INSURANCE REQUIREMENTS AND FORMS 00130- Page 57 of 93 Packet Pg.464 F.7.f 44.8 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment as set forth in 2 C.F.R. & 200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to (1) Procure or obtain; (2) Extend or , renew a contract to procure or obtain; or(3) Enter into a contract (or extend or renew a contract) tc procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system; 3 or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). 0 (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an m entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 0 44.9 Domestic Preference for Procurements as set forth in 2 C.F.R. 4200.322. The COUNTY and CONTRACTOR should, to the great extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, 0. occurred in the United States. 76 (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 44.10 Americans with Disabilities Act of 1990, as amended (ADA). The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 44.11 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall INSURANCE REQUIREMENTS AND FORMS 00130- Page 58 of 93 Packet Pg.465 F.7.f take all necessary and reasonable steps in accordance with 2 C.F.R. § 200.321(as set forth in detail below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 2 C.F.R. � 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS A. If the CONTRACTOR, with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR shall take the following affirmative steps to assure that minority businesses,women's business o enterprises, and labor surplus area firms are used whenever possible. B. Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; - (3) Dividing total requirements,when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business 0 enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage < participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small ° Business Administration and the Minority Business Development Agency of the Department of Commerce. (6) Requiring the Prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraph (1) through (5) of this section. OTHER FEDERAL AND/OR FEMA REQUIREMENTS (as applicable) 0 0. 44.12 Access to Records. Contractor/Consultant and their successors, transferees, assignees, 76 and subcontractors acknowledge and agree to comply with applicable provisions governing the Department of Homeland Security (DHS) and the Federal Emergency Management Agency's (FEMA) access to records, accounts, documents, information, facilities, and staff. Contractors/Consultants must: (1) Cooperate with any compliance review or complaint investigation conducted by DHS; (2) Give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance; (3) Submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 44.13 DHS Seal, Logo, and Flags. Contractor shall not use the Department of Homeland Security seal(s), logos, crests, or reproduction of flags or likenesses of DHS agency officials without specific FEMA pre-approval. The Contractor shall include this provision in any subcontracts. INSURANCE REQUIREMENTS AND FORMS 00130- Page 59 of 93 Packet Pg.466 F.7.f 44.14 Changes to Contract. The Contractor understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract change or modification, change order or constructive change must be approved in writing by both the County and Contractor. U) 44.15 Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The Contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. 44.16 No Obligation by Federal Government. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the COUNTY/non-Federal entity, o contractor, or any other party pertaining to any matter resulting from the contract. 44.17 Program Fraud and False or Fraudulent Statements or Related Acts. The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. 4- 44.18 The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system o to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 0 44.19 If this Agreement is funded by the Florida Department of Emergency Management (FDEM), the Contractor will be bound by the terms and conditions of any applicable Federally-Funded o Sub-Award and Grant Agreement between the County and the Florida Division of Emergency Management (Division). 0. 44.20 If applicable, the Contractor shall hold the Division and County harmless against all claims 76 of whatever nature arising out of the Contractor's performance of work under this Agreement, to the extent allowed and required by law. U) 45. E-Verify System — Beginning January 1, 2021, in accordance with Fla. Stat., Sec. 448.095, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall E comply with and be subject to the provisions of Fla. Stat., Sec. 448.095. INSURANCE REQUIREMENTS AND FORMS 00130- Page 60 of 93 Packet Pg.467 F.7.f 46. UNCONTROLLABLE CIRCUMSTANCE Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project;(each, a "Uncontrollable Circumstance"). CONTRACTOR'S financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section. o Contractor shall give County written notice within 7 days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The - Contractor may only seek a no cost Change Order for such reasonable time as the Owners Representative may determine. 0 47. WARRANTY OF PERFORMANCE Contractor represents and warrants that it possesses the knowledge, skill, experience, and financial responsibility required to perform and provide all services set forth in the Scope of Work and that each person and entity that will provide services is duly qualified to perform such services by all appropriate governmental authorities,where required, and is sufficiently experienced and skilled in the area(s) for which such person or entity will render such services. Contractor represents and warrants that the services in the Scope of Work shall be performed in a skillful and respectful manner, and that the quality of all such services 0. shall equal or exceed prevailing industry standards for the provision of such services. 4- 48. ENTIRE AGREEMENT This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Agreement shall be in writing, approved by the Board of County Commissioners, and signed by both parties before it becomes effective. 49. FINAL UNDERSTANDING c� U) This Agreement is the parties' final mutual understanding. It replaces any earlier agreements or understandings, whether written or oral. This Agreement cannot be modified or replaced except by another written and signed agreement. c� INSURANCE REQUIREMENTS AND FORMS 00130- Page 61 of 93 Packet Pg.468 F.7.f IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed this Agreement on the day and year first written above in one (1) counterpart, each of which shall, without proof or accounting for other counterparts, be deemed an original contract. U) (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA By: By: As Deputy Clerk Mayor 0 Date: Date: Witnesses for CONTRACTOR: CONTRACTOR: 0 0 Signature of person authorized to Signature legally bind CONTRACTOR Date: o U) 0 0. Date Print Name Print Name and Title 76 4- Address: Signature Telephone Number c� Date Print Name c� INSURANCE REQUIREMENTS AND FORMS 00130- Page 62 of 93 Packet Pg.469 F.7.f ATTACHMENT "A" SCOPE OF WORK MURRAY E. NELSON GOVERNMENT CENTER SPECIFICATIONS FOR LANDSCAPE MAINTENANCE General landscape maintenance work for approximately four(4)acres. 0 INTRODUCTION The Monroe County Parks Department has restructured its division, creating a need for vendor services to help maintain the grounds at its Murray Nelson Government and Cultural Center located at 102050 Overseas Hwy, Key Largo, FL 33037, and is currently accepting proposals to - find a qualified provider to service the grounds of the property. 0 BACKGROUND Murray E. Nelson Government and Cultural Center is a concrete, 2-story, low-rise structure built in 2007-08, designed by architect Robert G. Currie and Associates. The Center houses three (3) conference rooms and provides access to the Peace Park at the rear of the 3.5-acre property, which overlooks Tarpon Basin in Florida Bay.The property is landscaped in native plants, keeping in-line with the very strong drive to protect the natural habitat of the Florida Keys. The grounds 0 are currently in a maintained state, with the need for some updates to their upkeep to bring them in-line with the current standards of expectation. 0 0. 76 PROJECT DESCRIPTION S 4- The County is seeking vendor services to maintain the grounds of the Murray E. Nelson Government and Cultural Center and the Peace Park in accordance with the following: - Please see map at the end of"Attachment A'for detail - 1) Contractor shall perform all routine gardening, landscape, mowing and horticulture work necessary to properly maintain the grounds of the Murray E. Nelson Government and Cultural Center. 2) Contractor shall provide a qualified and competent workforce sufficient to perform and complete work required under this Agreement. All employees of Contractor must be authorized for work within the United States of America. Included in this workforce shall ATTACHMENT "A" - Page 63 of 93 Packet Pg.470 F.7.f be a thoroughly skilled and competent Supervisor who shall be directly responsible for ensuring that this Agreement is complied with at all times. Workforce will include a working Foreman, who will be responsible for checking with a County representative daily. Workforce must be trained in landscape maintenance including, but not limited to, plant identification, proper pruning and mowing practices and irrigation management. Contractor's employee training program may be reviewed by the County prior to the selection of a successful bidder. 3) Contractor must have verifiable experience in providing landscape maintenance. At time of bid, Contractor is to provide the County a list of references which includes a brief , description of their experience and responsibilities with each listed reference. Contractor to provide resume of the Supervisor and Foreman to be assigned to the County's property, showing experience in landscape maintenance. o 4) Contractor will immediately report any damage to the County's property by Contractor and shall be responsible for the repair, replacement, or restitution at its own cost, of any damage caused in whole or in part by its neglect or incompetence. 5) Contractor will clean and clear all common areas each scheduled work day and remove all visible foreign matter and debris - such as glass, tin cans, paper, masks etc. 0 6) Contractor will remove on each scheduled work day all green waste debris - such as weeds, prunings, grass clippings etc. - from the premises. Any green waste which is too accumulative or large to be hauled off site by Contractor, shall be left in an area designated by the County to be removed by the County at the County's expense. 7) Contractor is responsible for providing, at its own cost, all power tools, machinery and equipment to perform the work as herein specified. All pruning and trimming tools shall be cleaned after each use to prevent spreading of disease. 8) Contractor shall not be responsible for damage to County property from storm run-off, overflow, mechanical malfunction, or broken water lines, unless such damage would not 0. have happened but for the neglect or incompetent acts or failure to act of Contractor or persons over whom Contractor has legal control or who are acting on Contractor's behalf. 9) Routine cleaning and maintenance of all drainage lines and catch basins will be performed by Contractor. 10) Contractor will be responsible for pressure cleaning of sidewalks around the building every 120 days. Note that this work will need to be coordinated through the County, to be completed on weekends or during other times of"low activity" at the building. 11) All vaults, valve boxes, and sprinklers will be neatly trimmed weekly between April and October and bi-weekly between November and March. The bases of trees, hydrants, light and power poles will be trimmed on an as-needed basis throughout the year. 12) Ground covers will not be permitted to climb except as specifically directed. 13) Mangrove trees are not to be trimmed, cut, or altered in any way, unless prior written consent is obtained from the County. ATTACHMENT "A" - Page 64 of 93 Packet Pg.471 F.7.f 14) For review of necessary work, an authorized representative of Contractor will conduct a "walk through" of grounds with a representative of the County. Contractor shall submit monthly written reports which should include, but not be limited to, the condition of the grounds, progress on projects, proposals for upgrades,etc. U) LAWN MAINTENANCE 15) Contractor shall mow, trim, and edge all lawn areas weekly to maintain the lawn areas in a neat, and well-groomed manner. 16) Contractor shall fertilize all lawn areas utilizing an industry standard fertilizer to be applied at the manufacturer's recommended rate, in compliance with County fertilizer ordinances as stipulated in Chapter 12, Article 2 of the Code of Ordinances (see o Attachment "C"). 17) Contractor shall maintain complete weed, insect, and disease control over all lawn areas. 18) Contractor shall maintain adequate soil moisture via automatic irrigation to sustain a healthy, vigorous lawn. 0 TREE, SHRUB and SHRUB BED MAINTENANCE 19) Contractor shall completely trim and edge all shrubs and shrub beds in a square cut manner as required to maintain a well-kept appearance. Hedges must be maintained with a narrower top than bottom for sunlight to reach the lower half of the plant. These hedges should be trimmed to remain within the confines of the surrounding pavement and to the height of the white trim line on the building. 20) Contractor shall fertilize trees and shrub beds every 120 days. Application rate not to 0 exceed two (2) pounds of actual nitrogen per 1,000 square feet per year in accordance with Monroe County fertilizer Ordinance. 0. 76 21) Contractor shall maintain complete weed control of all shrubs and shrub beds on a regular ; basis and as necessary to maintain a well-kept appearance. 22) Contractor shall clean all shrub beds as necessary to maintain a well-kept appearance. 23) Contractor shall completely control insects and disease on all trees and shrubs. 24) Stakes and ties will be installed, maintained, and removed in accordance with good tree management practices. 25) Contractor will be responsible for the removal of all noxious weeds and invasive plant species, including Brazilian Pepper Trees. 26) Contractor shall adequately water all trees, shrubs, and shrub beds. 27) Contractor is liable for purchase and replacement of plant material which may be lost or damaged as a result of careless or improper maintenance procedures. ATTACHMENT "A" - Page 65 of 93 Packet Pg.472 F.7.f PEST CONTROL 28) Pesticide applications will be made only where they have been recommended by a licensed pest applicator and such applications must be in strict accordance with applicable State and Federal regulations -which it is the responsibility of Contractor to know and be familiar with during the term of this Agreement. 29) No pesticides in "Toxicity, Category One" (Signal Words: "Danger" and "Poison") or "Toxicity, Category Two" (Signal Word: "Warning") will be utilized within the County's property without prior written permission from the County. 30) All pesticide application equipment will be properly calibrated prior to use at the County's property. 0 31) Contractor shall provide the County with at least 72 hours advance notice of the spraying ' of any pesticide on County property. 32) Contractor shall possess and provide all appropriate, valid State of Florida Application Certificates, including but not limited to: Commercial Pesticide Applicators License, Commercial Pest Control Operator Certification, Limited Commercial Landscape 0 Maintenance Certification, Limited Lawn and Ornamental Certification, and/or Limited Urban Commercial Fertilizer Applicator Certification and State of Florida Contractors License. Contractor to be responsible for all continuing education hours necessary to keep licenses active. 33) Contractor shall keep accurate records of any and all applications. Contractor is responsible for reporting all chemicals and fertilizer used on property to the County in a format that is acceptable for submission to the Florida Department of Agriculture and Consumer Services(FDACS)or other government agencies as directed by the County. 0 U) FIRST RIGHT OF REFUSAL As part of this contract, the Contractor shall retain First Right of Refusal for all property projects 76 not contained within the line items listed above. This means, in the event that any of the following conditions become applicable, the Contractor shall receive the first offer to bid on or reject a project that is determined necessary by the County. Examples of such additional W projects include, but are not limited to: annual hardwood tree pruning, annual palm tree pruning, removal of dead trees, trimming of mangroves, installation of new plant and turfgrass material, major irrigation system repairs or additions, etc. c� c� ATTACHMENT "A" - Page 66 of 93 Packet Pg.473 F.7.f c� h w ^ ' kN CL C, i 4 ar�Y�i/i mwil,Z �Pk � r a� 0 0 CL CL E 0 U) 0 CL 4— CL U) CL CL CL U) ass ATTACHMENT "A" - Page 67 of 93 Packet Pg.474 F.7.f ATTACHMENT "B" SCOPE OF WORK PLANTATION KEY GOVERNMENT CENTER SPECIFICATIONS FOR LANDSCAPE MAINTENANCE General landscape maintenance work for approximately seven(7)acres. INTRODUCTION The Monroe County Parks Department has restructured its division, creating a need for vendor o 0 services to help maintain the grounds at its Plantation Key Courthouse and Detention Center located at 88820 Overseas Hwy., Tavernier, FL 33070, and is currently accepting proposals to find a qualified provider to service the grounds of the property. 4- BACKGROUND o 0 The Plantation Key Courthouse and Detention Center is a newly constructed, state-of-the-art facility designed by the architectural firm of Currie Sowards Aguila. The Center houses the 16th Judicial Circuit of Florida, Clerk of Court,State Attorney,Sheriffs Office,and Public Works Office. The 6.7 acre property is landscaped in native plants, keeping in-line with the very strong drive to protect the natural habitat of the Florida Keys. Much of the grounds are currently in a grow- in state, with the need for some plant training and additional care to bring them in-line with the current standards of expectation. 0 PROJECT DESCRIPTION 0 0. The County is seeking vendor services to maintain the grounds of the Plantation Key Courthouse and Detention center in accordance with the following: U) (Note: There is to be an Atrium installed under a skylight within the confines of the courthouse building that will be included within the maintenance scope of this property.) - Please see map at the end of"Attachment B" for detail - c� U) 1) Contractor shall perform all routine gardening, landscape, mowing, and horticulture work necessary to properly maintain the grounds of the Plantation Key Courthouse and Detention Center. 2) Contractor shall provide a qualified and competent workforce sufficient to perform and complete work required under this Agreement. All employees of Contractor must be ATTACHMENT "B" Page 68 of 93 Packet Pg.475 F.7.f authorized for work within the United States of America. Included in this workforce shall be a thoroughly skilled and competent Supervisor who shall be directly responsible for ensuring that this Agreement is complied with at all times. Workforce will include a working Foreman,who will be responsible for checking with a County representative daily. Workforce must be trained in landscape maintenance including, but not limited to, plant identification, proper pruning and mowing practices and irrigation management. Contractor's employee training program may be reviewed by the County prior to the selection of a successful bidder. 3) Contractor must have verifiable experience in providing landscape maintenance.At time of bid, Contractor is to provide the County a list of references which includes a brief description of their experience and responsibilities with each listed reference. Contractor o to provide resume of the Supervisor and Foreman to be assigned to the County's property, showing experience in landscape maintenance. 4) Contractor will immediately report any damage to the County's property by Contractor and shall be responsible for the repair, replacement, or restitution at its own cost, of any M damage caused in whole or in part by its neglect or incompetence. - 5) Contractor will clean and clear all common areas each scheduled work day and remove 0 all visible foreign matter and debris - such as glass, tin cans, paper, etc. 6) Contractor will remove on each scheduled work day all green waste debris - such as weeds, prunings, grass clippings etc. - from the premises. Any green waste which is too accumulative or large to be hauled off site by Contractor, shall be left in an area designated by the County to be removed by the County at the County's expense. 7) Contractor is responsible for providing, at its own cost, all power tools, machinery, and equipment to perform the work as herein specified. All pruning and trimming tools shall o be cleaned after each use to prevent spreading of disease. 0 8) Contractor shall not be responsible for damage to County property from storm run-off, overflow, mechanical malfunction, or broken water lines, unless such damage would not 4- have happened but for the neglect or incompetent acts or failure to act of Contractor or persons over whom Contractor has legal control or who are acting on Contractor's behalf. W 9) Routine cleaning and maintenance of all drainage lines and catch basins will be performed by Contractor. 10) Contractor will be responsible for pressure cleaning of sidewalks around the building every 120 days. Note that this work will need to be coordinated through the County, to be completed on weekends or during other times of"low activity" at the building. 11) All vaults, valve boxes, and sprinklers will be neatly trimmed weekly between April and October and bi-weekly between November and March.The bases of trees,hydrants,light and power poles will be trimmed on an as-needed basis throughout the year,as directed by the County. c� 12) Ground covers will not be permitted to climb except as specifically directed. ATTACHMENT "B" Page 69 of 93 Packet Pg.476 F.7.f 13) For review of necessary work, an authorized representative of Contractor will conduct a "walk through" of grounds with a representative of the County. Contractor shall submit S 0. monthly written reports which should include, but not be limited to, the condition of the grounds, progress on projects, proposals for upgrades,etc. U' LAWN MAINTENANCE 14) Contractor shall mow, trim and edge all lawn areas weekly to maintain the lawn areas in a neat, and well-groomed manner. 15) Contractor shall fertilize all lawn areas utilizing an industry standard fertilizer to be applied at the manufacturer's recommended rate, in compliance with County fertilizer ordinances as stipulated in Chapter 12, Article 2 of the Code of Ordinances (see Attachment "C") 16) Contractor shall maintain complete weed, insect, and pest control over all lawn areas. 17) Contractor shall maintain adequate soil moisture via automatic irrigation to sustain a healthy, vigorous lawn. - TREE, SHRUB and SHRUB BED MAINTENANCE 18) Contractor shall completely trim and edge all shrubs and shrub beds in a square cut manner as required to maintain a well-kept appearance. Hedges must be maintained with a narrower top than bottom for sunlight to reach the lower half of the plant.These hedges should be trimmed to remain within the confines of the surrounding pavement and to the height of the first course line on the buildings. 19) Contractor shall fertilize trees and shrub beds every 120 days. Application rate not to 0 exceed two (2) pounds of actual nitrogen per 1,000 square feet per year in accordance with Monroe County fertilizer ordinance. 0. 20) Contractor shall maintain complete weed control of all shrubs and shrub beds on a regular basis and as necessary to maintain a well-kept appearance. 21) Contractor shall clean all shrub beds as necessary to maintain a well-kept appearance. U) 22) Contractor shall completely control insects and disease on all trees and shrubs. 23) Stakes and ties will be installed, maintained, and removed in accordance with good tree management practices. 24) Contractor will be responsible for the removal of all noxious weeds and invasive plant species, including Brazilian Pepper Trees. 25) Contractor shall adequately water all trees, shrubs, and shrub beds. 26) Contractor is liable for purchase and replacement of plant material which may be lost or damaged as a result of careless or improper maintenance procedures. ATTACHMENT "B" Page 70 of 93 Packet Pg.477 F.7.f PEST CONTROL 27) Pesticide applications will be made only where they have been recommended by a licensed pest applicator and such applications must be in strict accordance with applicable State and Federal regulations - which it is the responsibility of Contractor to know and be familiar with during the term of this Agreement. No pesticides in "Toxicity, Category One" (Signal Words:"Danger"and"Poison")or"Toxicity,Category Two"(Signal Word: "Warning") will be utilized within the County's property without prior written permission from the County 28) All pesticide application equipment will be properly calibrated prior to use at the County's property. 29) Contractor shall provide the County with at least 72 hours advance notice of the spraying of any pesticide on County property. o 0 30) Contractor shall possess and provide all appropriate, valid State of Florida Application Certificates, including but not limited to: Commercial Pesticide Applicators License, Commercial Pest Control Operator Certification, Limited Commercial Landscape Maintenance Certification, Limited Lawn and Ornamental Certification, and/or Limited Urban Commercial Fertilizer Applicator Certification and State of Florida Contractors License. Contractor to be responsible for all continuing education hours necessary to keep licenses active. 31) Contractor shall keep accurate records of any and all applications. Contractor is responsible for reporting all chemicals and fertilizer used on property to the County in a format that is acceptable for submission to the Florida Department of Agriculture and Consumer Services(FDACS)or other government agencies as directed by the County. FIRST RIGHT OF REFUSAL o As part of this contract, the Contractor shall retain First Right of Refusal for all property 0 projects not contained within the line items listed above. This means, in the event that 0. 76 any of the following conditions become applicable, the Contractor shall receive the first ; offer to bid on or reject a project that is determined necessary by the County. Examples of such additional projects include, but are not limited to: annual hardwood tree pruning, annual palm tree pruning, removal of dead trees, trimming of mangroves, installation of new plant and turfgrass material, major irrigation system repairs or additions, etc. c� c� ATTACHMENT "B" Page 71 of 93 Packet Pg.478 F.7.f n 11 y h / oil CL /� �ti�: �y� ✓ tier ., � /,; � f' CL MM w a, o CL C, "L3 E 0 U) 0 CL 4- CL U) CL CL CL c� U) E c� ATTACHMENT "B" Page 72 of 93 Packet Pg.479 F.7.f ATTACHMENT "C" MONROE COUNTY FERTILIZER ORDINANCE ARTICLE II. - USE OR APPLICATION OF FERTILIZERS CL U) Footnotes: U) (2)--- Editor's note—Ord. No.038-2009,.5 1, adopted Dec. 16, 2009,repealed Art.II,§§ 12-25-12-32, which pertained to beach and shore preservation authority districts and derived from Code 1979,§§4-24-4-28, 4-31-4-33;Ord.No.51-1987,§§1-3;Ord.No.3- CL 1988,§§ 1-5, 8-10. Subsequently, Ord.No. 018-2021,§3,adopted June 16, 2021,enacted a new art. II to read as herein set out. Sec. :L2-25. -Jurisdiction; administration. 0 This article shall exclusively apply in unincorporated Monroe County, Florida, only, and does not apply within the territorial jurisdiction of any municipality within the county. (Ord. No. 018-2021 , § 3) M 4- 0 Sec. 12-26. - Purpose and intent. > 0 CL This article regulates the proper use of fertilizers by any applicator and requires proper training of commercial CL and institutional fertilizer applicators and landscape maintenance companies by establishing a restricted season for fertilizer application, fertilizer-free zones, low maintenance zones, exemptions,training, and certification requirements.The article requires the use of best management practices which provide specific management 0 guidelines to minimize negative secondary and cumulative environmental effects associated with the misuse of fertilizers and improper landscape maintenance practices.These secondary and cumulative effects have been 0 observed in and on Monroe County's natural and artificial stormwater and drainage conveyances, lakes, canals, U) 0 estuaries, interior freshwater wetlands, and Monroe County writ large. Collectively, these water bodies are an asset CL critical to the environmental, recreational, cultural and economic well-being of residents of and visitors to Monroe County and the health of the public. Regulation of nutrients, including both phosphorus and nitrogen contained in fertilizer, shall help improve and maintain water and habitat quality throughout Monroe County. (Ord. No. 018-2021 , § 3) CL CL Sec. 12-27. -Construction and interpretation. This article is necessary for the health, safety, and welfare of the residents of and visitors to the county.This article shall be liberally construed to effect the public purpose(s) hereof. Interpretation of this article shall be construed in favor of Monroe County, and such construction and interpretation shall be entitled to great weight in adversarial administrative proceedings, at trial, in bankruptcy, and on appeal.To the extent of any conflict between E c� this article and other Monroe County ordinances or regulations, and to the extent of any conflict within sections ATTACHMENT "C" Page 73 of 93 Packet Pg.480 F.7.f within this article,the more restrictive is deemed to be controlling. ( Ord. No. 018-2021 , § 3) Sec. 12-28. - Definitions. The phrases, terms, and words used in this article shall be, except as specifically defined otherwise herein, the CL c� same as they have been defined in the Monroe County Code of Ordinances and in the Monroe County Land U) Development Code. The following terms shall have the following specific definitions as used herein, unless the U) context clearly indicates otherwise: Application or apply, or variants thereof shall mean the actual physical deposit of fertilizer to turf, specialized CL CL turf, or landscape plants. Applicator shall mean any natural or legal person who applies fertilizer on turf, specialized turf, or landscape plants in Monroe County.The term includes but is not limited to persons, commercial fertilizer applicators and 0 institutional applicators. Best management practices or BMP shall mean turf and landscape practices, or a combination of practices, based upon peer-reviewed research, field-testing, and expert review, determined to be the most effective and practicable on-location means, including economic and technological considerations, for improving water quality, 0 conserving water supplies, and protecting natural resources, and which minimize the negative environmental L_ impacts of installation and maintenance of landscapes. CL CL Best management practices training program shall mean a training program approved pursuant to F.S. § 403.9338, or any more stringent requirements set forth in this article, that includes the most current version of the Florida Department of Environmental Protection's "Florida-Friendly Best Management Practices for Protection of E Water Resources by the Green Industries, 2008." 0 Commercial fertilizer applicator shall mean any natural or legal person who applies fertilizer in Monroe County, on property not owned by the person applying the fertilizer, or by the employer of the applicator, in exchange for CL money,goods, services, or other valuable consideration. CL Fertilize,fertilizing, or fertilization shall mean the act of applying fertilizer to turf, specialized turf,trees, or landscape plants. Fertilizer. Shall mean any substance or mixture of substances that contains one or more recognized plant nutrients and promotes plant growth, or controls soil acidity or alkalinity, or provides other soil enrichment, or provides other corrective CL measures to the soil. The term includes granular, liquid, rapid-release and slow or controlled release fertilizer. CL Fertilizer free zone shall mean within 20 feet from the seawall, riprap or bank or shoreline of any surface water of Monroe County and any storm drain, pond, stream, waterway, lake, canal, or wetland. U) Florida friendly landscaping shall mean quality, low-maintenance landscapes that conserve water, protect the environment, are adaptable to local conditions, and are drought tolerant.The principles of such landscaping include planting the right plant in the right place, efficient watering, responsible and appropriate fertilization, responsible c� and appropriate mulching, responsible and appropriate attraction of wildlife, responsible and appropriate management of yard pests, recycling yard waste, reduction of stormwater runoff, and waterfront protection. ATTACHMENT "C" Page 74 of 93 Packet Pg.481 F.7.f Additional components include practices such as landscape planning and design, soil analysis, the appropriate use of solid waste compost and minimizing the use of irrigation, pesticides, and fertilizers. Granular shall mean composed of small grains or particles. CL c� Green infrastructure shall mean a management approach engineered-as-natural ecosystems such as green U) roofs, porous pavement, swales and rain gardens that largely rely on using soil and vegetation to infiltrate, evapotranspirate, or responsibly and appropriately utilize stormwater runoff and reduce flows to drainage collection systems. This practice aims to preserve, restore, and create green space using soils, vegetation, and CL rainwater harvest techniques. CL Guaranteed analysis shall mean the percentage of plant nutrients or measures of neutralizing capability claimed to be present in a fertilizer. 0 0 High-impact areas in parks shall mean turf grass areas that are heavily utilized by pedestrian traffic year-round. Institutional applicator shall mean any natural or legal person, other than a non-commercial or commercial applicator, that applies fertilizer for the purpose of maintaining turf or landscape plants. Institutional applicators shall include, but shall not be limited to, owners, managers, employees, or agents of residential properties 0 maintained in community associations such as a condominium association, a homeowners' association, or a y 0 L_ property owners' association, residential properties maintained in common ownership, industrial, commercial, or CL CL business sites, educational, religious institutions, and the like. Landscape maintenance shall mean activities carried out to manage and maintain landscape plants including but not limited to mowing, edging, and trimming. E Landscape plant shall mean any native or exotic tree, shrub, or groundcover (excluding turf). 0 Low impact development(LID)shall refer to systems and practices that use or mimic natural processes that result in the infiltration, evapotranspiration, or use of stormwater in order to protect water quality and associated aquatic habitat. LID is an approach to lan 0 development or redevelopment that works with nature to manage stormwater as close to its source as possible. CL Low maintenance buffer or low maintenance zone shall mean an area a minimum of ten feet wide adjacent toCL LL ' water courses which is planted to capture and treat stormwater and is designed to capture and treat stormwater and U) is designed to not require fertilization, watering, mowing, etc. Organic fertilizers shall mean fertilizers that are derived from living materials, excluding biosolids. Examples of CL CL organic fertilizers include but are not limited to animal manures, composted materials, and plant residues. Organic 0 fertilizers are usually considered to be "slow release" fertilizers because many of the nutrients must be broken E= CL down by soil microbes before they become available for plant uptake. U) Person shall mean any natural or legal person, including but not limited to any human being, business, corporation, limited liability company, partnership, sole proprietorship, association, club, organization, or any group of people acting as an organized entity. Rapid(quick)release or water-soluble nitrogen shall mean any product containing, including but not limited to: ATTACHMENT "C" Page 75 of 93 Packet Pg.482 F.7.f (1) Ammonium nitrate; (2) Ammonium sulfate; CL (3) Calcium nitrate; U) (4) Diammonium phosphate; (S) Monoammonium phosphate; (6) Potassium nitrate; (7) Sodium nitrate; CL (8) Urea (not in the form of slow release nitrogen); or (9) Others as may be designated by the Association of American Plant Food Control Officials. 0 Restricted season shall mean May 1S through October 31, as well as during the time period during which a flood watch or flood warning, or a tropical storm watch or tropical storm warning, or a hurricane watch or hurricane warning, regardless of the time of year, is in effect for any portion of unincorporated Monroe County, or in any area of unincorporated Monroe County if heavy rain is likely or ongoing. 4- 0 Saturated soil shall mean a soil in which the voids are filled with water. Saturation does not require flow. For the purposes of this article, soils shall be considered saturated if standing water is present or if the pressure of a person L- CL CL standing on or an object lying on the soil causes the release of free water. Site supervisor shall mean the direct supervisor of landscape maintenance personnel. Slow or controlled release fertilizer shall mean a fertilizer containing a plant nutrient in a form which delays its 0 availability for plant uptake and use after application, or which extends its availability to the plant significantly longer than a referenced "rapidly available nutrient fertilizer". 0 Slow release, controlled release, timed release, or water insoluble nitrogen shall mean nitrogen in a form which 0 CL delays its availability for plant uptake and use after application, or which extends its availability to the plant longer than a reference rapid or quick release product. Forms of slow release, controlled release, slowly available, or water CL LL insoluble nitrogen include but are not limited to: U) (1) Isobutylidene diurea ("IBDU"); �e (2) Resin, polymer, or sulphur coated urea; CL CL (3) Biosolids or residuals from domestic wastewater treatment; (4) Ureaformaldehyde; c� (S) Composted animal manure; (6) Others as may be designated by the Association of American Plant Food Control Officials. ; Specialized turf shall mean areas of grass used for athletic fields, golf course practice, recreational or play areas, E c� athletic fields, and other similar activities. ATTACHMENT "C" Page 76 of 93 Packet Pg.483 F.7.f Specialized turf manager shall mean a person responsible for fertilizing or directing the fertilization of specialized turf. Surface water shall mean fresh, brackish, saline, or tidal waters, contained in bounds created naturally or CL c� artificially, including but not limited to bays, creeks, ditches, estuaries, impoundments, lagoons, lakes, ponds, rivers, U) springs, streams, wetlands, water bodies, and including but not limited to canals, whether located in or on the U) Atlantic Ocean side of Monroe County or in or on the Florida Bay or Gulf of Mexico side of Monroe County. Turf sod, or lawn shall mean a piece of grass-covered soil held together by the roots of the grass. CL CL Urban landscape shall mean pervious areas on residential, commercial, industrial, institutional, rights-of-way, or on other lands that are planted with turf or horticultural plants. (Ord. No. 018-2021 , § 3) Sec. 12-29. -Timing of fertilizer use. (a) No applicator shall apply fertilizers containing nitrogen or phosphorus, or both, to turf or landscape 4- 0 plants during a restricted season. 0 (b) Fertilizer shall only be applied to actively growing turf and plants and not to saturated soil. CL CL (c) Fertilizer containing nitrogen or phosphorus, or both, shall not be applied before seeding or sodding a site and shall not be applied for the first 30 days after seeding or sodding except when hydroseeding for temporary or permanent erosion control in an appropriate emergency situation (e.g., wildfire, etc.)or in accordance with the stormwater pollution plan for that site. (Ord. No. 018-2021 , § 3) 0 U) Sec. 12-30. - Fertilizer-free zones. 0 CL (a) Except as provided in subsection (b) immediately below, fertilizer shall not be applied within 20 feet of CL any breakwater, bulkhead, bulwark, canal, dock, pier, revetment, rip-rap,wharf, or within 20 feet of any LL seawall, or within 20 feet of any altered or unaltered shoreline, or within 20 feet of any surface water. In the event of a conflict, the greater extent of distance shall control. By way of example,therefore, if an CL area is not within 20 feet of a surface water, but is within 20 feet of a breakwater, bulkhead, bulwark, CL canal, dock, pier, revetment, rip-rap,wharf, seawall, etc., the fact of such area's falling within 20 feet of �s such breakwater, bulkhead, bulwark, canal, dock, pier, revetment, rip-rap, wharf, seawall, etc., shall c� prohibit fertilizer from being applied in such area. (b) Spreader deflector shields are required when fertilizing adjacent to all impervious surfaces, any fertilizer- free zones, low maintenance buffer or low maintenance zones, surface waters, and water-bodies, including but not limited to wetlands. (c) Newly planted turf and landscape plants may be fertilized within a fertilizer-free zone only for a 60-day ATTACHMENT "C" Page 77 of 93 Packet Pg.484 F.7.f period beginning 30 days after planting, if needed,to allow the plants to become well established and caution is used to prevent direct deposition of nutrients into the water. (Ord. No. 018-2021 , § 3) CL U) Sec. 12-31. - Fertilizer content and use rates. U) (a) Fertilizers applied to turf or landscape plants within the unincorporated county shall be applied to such turf or landscape plants at the lowest recommended rate according to the "Florida Green Industries Best CL Management Practices for Protection of Water Resources in Florida, December 2008,"with no more than CL two pounds of nitrogen per 1,000 square feet applied in any calendar year. (b) Liquid fertilizers containing nitrogen shall not be applied to turf or landscape plants within the unincorporated county 0 (c) Granular fertilizers containing nitrogen applied to turf or landscape plants within the unincorporated county shall contain at least 50 percent slow release, controlled release, timed release, slowly available, or water insoluble nitrogen per guaranteed analysis label. Caution should be used to prevent direct deposition of nutrients in the water 4- 0 (d) Fertilizers containing nitrogen or phosphorus, or both, applied to turf or landscape plants within the y 0 L_ unincorporated county, shall contain not less than 65 percent slow release, controlled release,timed CL CL release, slowly available, or water insoluble nitrogen per guaranteed analysis label. Caution should be used to prevent direct deposition of nutrients in the water. (e) Except as provided in paragraphs (a)—(d) of this section, fertilizers applied to turf and landscape plants E within the county shall be formulated and applied in accordance with requirements and directions provided by Florida Administrative Code Rule 5E-1.003(4) ("Labeling Requirements for Urban Turf 0 Fertilizers"). Stated otherwise, applicators shall not apply fertilizer in violation of said fertilizer label U) directions. CL C (f) Fertilizer containing nitrogen or phosphorus, or both, shall not be applied before seeding or sodding S 4- CL a site and shall not be applied for the first 30 days after seeding or sodding, except when LL hydroseeding for temporary or permanent erosion control in an emergency situation (e.g., saltwater U) floods, etc.), or in accordance with the Stormwater Pollution Plan for that site. CL (g) No more than 0.50 lb. of readily available nitrogen per 1,000 square feet shall be applied to any turf or CL landscape area in one application or use.This includes no more than one pound total nitrogen per 1,000 square feet applied at any one time of granular fertilizer and no more than one-half pound of nitrogen c� per 1,000 square foot area per application of liquid fertilizer. (h) Phosphorus fertilizer shall not be applied to turf or landscape plants unless a soil deficiency has been verified by an approved test. Where a deficiency has been professionally verified by an approved test, phosphorus fertilizer shall not be applied at application rates that exceed 0.25 lbs. of phosphorus per c� 1,000 square feet per application and not to exceed 0.50 lbs. of phosphorus per 1,000 square feet per ATTACHMENT "C" Page 78 of 93 Packet Pg.485 F.7.f year. (i) Where fertilizer application or use is not described in this article,fertilizer shall be applied in accordance with the requirements and directions provided by Florida Administrative Code Rule 5E-1.003 for turf and CL M as found in OF/IFAS recommendations for landscape plants, vegetable gardens, fruit trees, and shrubs.( U Ord. No. 018-2021 , § 3) Sec. 12-32. - Fertilizer use practices. (a) No person shall apply fertilizers containing nitrogen or phosphorus, or both, to turf or landscape plants CL CL during the restricted season. (b) Spreader deflector shields are required when fertilizing via rotary (broadcast) spreaders. Deflectors mustbe positioned such that fertilizer granules are deflected away from all impervious surfaces, any fertilizer-free zones, low maintenance buffer or low maintenance zones, surface waters, and water- bodies, including but not limited to wetlands. (c) Fertilizer shall not be applied, spilled, or otherwise deposited on any impervious surfaces. 4- (d) Any fertilizer applied, spilled, or deposited, either intentionally or accidentally, on any impervious surface 0 shall be immediately and completely removed to the greatest extent practicable. L_ CL (e) Fertilizer released on an impervious surface must be immediately contained and either lawfully applied to CL turf or any other site or returned to the original or other appropriate container. (f) In no case shall fertilizer be washed, swept, or blown off impervious surfaces into any surface water or into any low maintenance or fertilizer-free zone or into any water-bodies or stormwater or drainage drain or drainage conveyance. 0 (g) In no case shall fertilizer be washed, swept, or blown off or around trunks of palms or tree wells or in tree pits. 0 CL (Ord. No. 018-2021 , § 3) Sec. 12-33. - Exceptions. U) (a) Sections 12-29, 12-30, 12-31, and 12-32 shall not be applicable to: CL (1) Golf courses. For all existing public and private golf courses,the provisions of the Florida Department CL of Environmental Protection document, titled "BMPs for the Enhancement of Environmental Quality on Florida Golf Courses,January 2012", and provisions set forth in section 12-34 are required, and shall be followed when applying fertilizer to golf courses. (2) High impact areas in existing public parks and public athletic fields. Specialized turf managers are required to follow the provisions of the "Florida Green Industries Best Management Practices for Protection of Water Resources in Florida, December 2008," for turf and landscape plants, and provisions set forth in section 12-34. ATTACHMENT "C" Page 79 of 93 Packet Pg.486 F.7.f (3) Fruit trees and fruit shrubs, provided that fertilizer application rates do not exceed University of Florida (UF)/Institute of Food and Agricultural Sciences (IFAS) maximum recommendations. (4) Yard waste compost, mulches, or other similar materials that are primarily organic in nature and are CL applied to improve the physical condition of the soil. U) (S) Tree trunk injection fertilization treatments that are performed by a certified arborist. (b) Sections 12-29, 12-30, 12-31, and 12-32, shall not be applicable to the extent expressly preempted by general law. CL (Ord. No. 018-2021 , § 3) CL Sec. 12-34. -Golf courses, athletic fields, specialized turf, and greenspace requirements. 0 (a) All new public and private golf course greens and all renovated golf course greens, provided their renovation exceeds SO percent of its total area, shall meet all of the following requirements: 4- 0 0 L- CL CL LO U) 0 CL CL U) CL CL c� E c� ATTACHMENT "C" Page 80 of 93 Packet Pg.487 F.7.f (1) Incorporate best management practices as defined in the "Best Management Practices for the Enhance Environmental Quality on Florida Golf Courses," published by the Florida Department of Environmental (2) Provide the use of native or Florida-friendly trees, shrubs, and ground cover landscaping in more than 80 percent of the total areas designated for non-play. CL (3) Specify a certified turfgrass groundcover species for all play areas that require(s)the least amount of U) fertilizer and water consumption. U) (4) Incorporate the use of green infrastructure elements and/or low impact development (LID) design in the design of the golf course's drainage system and in allowing ample, uncompacted areas for tree CL root growth. CL (S) Provide a minimum ten-foot low-maintenance buffer adjacent to surface water(s), breakwater(s), bulkhead(s), bulwark, canal, dock, pier, revetment, rip-rap,wharf, seawall, and stormwater or drainage drain or drainage conveyance, including but not limited to stormwater or drainage inlets. (b) All new athletic fields and all renovated athletic fields, provided their renovation exceeds SO percent of its total area, shall meet all of the following requirements: (1) Incorporate best management practices for landscaping by including the use of native and Florida- friendly trees, shrubs, and ground cover landscaping. (2) Incorporate the use of green infrastructure elements and/or low impact development (LID) design in 0- CL CL the design of the field's drainage system and in allowing ample, uncompacted areas for tree root growth. LO (3) Include at minimum a ten-foot low-maintenance buffer adjacent to surface water(s), breakwater(s), bulkhead(s), bulwark, canal, dock, pier, revetment, rip-rap,wharf, seawall, and stormwater or drainage drain or drainage conveyance, including but not limited to stormwater or drainage inlets. 0 (c) Requests for exceptions to from the requirements set forth in sections 12-34(a) or(b) shall be submitted in writing, on a form prescribed and approved by the county administrator, or his or her designee, CL detailing the project's design and details, demonstrating that good faith effort has been made to achieve substantial compliance with all applicable requirements, and explaining what non-self-created-hardship CL LL would be incurred if a proposed exception is not granted. The county administrator or his or her U) designee shall have discretion to administratively approve or reject exception requests on a case-by-case basis. CL CL (d) Fertilizers applied to private parks, specialized turf, including athletic fields and high impact or high 0 intensity areas within the unincorporated county shall be formulated and applied in accordance with S CL M requirements and directions provided by Florida Administrative Code Rule SE-1.003(b)(b). U U) (e) Fertilizers applied to turf and landscape plants within the unincorporated county shall be formulated and applied in accordance with requirements and directions provided by Florida Administrative Code Rule SE- 1.003(4) (Labeling for Urban Turf Fertilizers). Stated otherwise, applicators shall not apply fertilizer in violation of said fertilizer label directions. (Ord. No. 018-2021 , § 3) ATTACHMENT "C" Page 81 of 93 Packet Pg.488 F.7.f Sec. 12-35. -Certification and best management practices training programs. �y (a) All commercial and institutional applicators within or doing work in the U) unincorporated county shall obtain the limited certification for urban landscape fertilizer application provided for under F.S. § 482.1562, within 365 days of adoption of this article, or within 90 days of initial employment, whichever occurs later. Such applicators are required to keep a copy of such certificate with them during CL CL application activities and shall present the certificate to Monroe County, upon request. (b) All commercial and institutional applicators of fertilizer within the unincorporated 0 county shall abide by and successfully complete the six-hour training program in the "Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries" offered by the Florida Department of Environmental Protection through the OF/IFAS program. Completion of this training program shall be 4- 0 repeated a minimum of once every five years. (c) Persons are encouraged to follow the recommendations of the OF/IFAS Florida 0- CL CL Yards and Neighborhoods program when applying fertilizers. (d) All applicators or specialized turf managers of fertilizer shall abide by and successfully complete the "Florida Golf Course Best Management Practices Certification Training" offered by the University of Florida. Completion of this training program shall be repeated a minimum of once every five years. 0 (e) Monroe County strongly recommends the establishment of training programs using both English-speaking and Spanish-speaking certified best CL management practice (BMP)trainers. ( Ord. No. 018-2021 , § 3) CL LL U) Sec. 12-36. -Training of commercial applicators. CL (a) All commercial applicators of fertilizers within the unincorporated county should CL abide by and successfully complete training and continuing education requirements in the "Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries" offered by the Florida Department of Environmental Protection through the OF/IFAS "Florida-Friendly Landscapes" program prior to obtaining a local tax receipt for any category of occupation which may apply any fertilizer to turf or landscape plants. c� ATTACHMENT "C" Page 82 of 93 Packet Pg.489 F.7.f (b) All businesses applying fertilizer to turf or landscape plants (including but not limited to 0 residential lawns, golf courses, commercial properties, and multi-family and properties S CL M maintained in one or more community association(s), must ensure that at least one U employee has an appropriate "Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries" training certification prior to the business owner obtaining a business tax receipt. CL ( Ord. No. 018-2021 , § 3) CL Sec. 12-37. - Enforcement and penalties. (a) Violations. Violations of this article may be prosecuted by original county or circuit court action, or under F.S. ch. 162, administratively, at law, and in equity, as may be necessary to enforce compliance with this article, and to collect damages in the form of costs and/or M fines authorized by law.lnjunctive relief. The county attorney is authorized to - prosecute violations of this article by civil action, inclu not limited to injunctive y 0 L_ relief. CL CL (b) Units of prosecution. Each incidence of a violation under this article constitutes a separate violation and offense, and a separate violation and offense will be deemed committed each day during or on which a violation occurs or continues. (c) Joint-and-several liability. All owners, part owners,joint owners, tenants-in- common,tenants in partnership,joint tenants, tenants by the entirety, lessees, sub- 0 lessees, assignees, sub-assignees, and holder(s) of legal or beneficial title to or 0 interest in a business organization and/or property and/or violator held in violation CL of this article, shall be jointly-and-severally liable with respect to any legal or S 4- equitable judgment or relief obtained against it to enforce this article. LL (d) Costs. Any court of competent jurisdiction, administrative hearing officer, the Monroe County Code Compliance Special Magistrate, are authorized to impose against violator(s) of this article any costs associated with cessation and/or CL remediation of a violation(s) of this article. �y (e) No waiver or estoppel. It being that Monroe County possesses discretion to enforce c� this article, its delay or failure to enforce any provision contained in this article, however long continued, shall not be deemed a waiver or estoppel of the right for it to enforce this article at any time thereafter. E (f) Attorneys'fees and costs. If the county prevails in an enforcement action against a ATTACHMENT "C" Page 83 of 93 Packet Pg.490 F.7.f person found to be in violation of this article,the county shall be entitled to recover its 0 costs of investigation, attorneys'fees and other costs to the extent permitted by S CL law. U) ( Ord. No. 018-2021 , § 3) Sec. 12-38. - Provisions to be cumulative. CL CL This article is cumulative to any other substantive laws, ordinances, regulations, and rules, and is cumulative to any enforcement procedure that those laws, ordinances, regulations, and rules may provide. This article does not supersede or repeal or otherwise modify those 0 laws, ordinances, regulations, rules, or enforcement procedures thereunder in any way. Monroe County may elect to take any or all remedies concurrently, and the pursuit of one does not preclude the pursuit of another. ( Ord. No. 018-2021 , § 3) 0 0 L- Secs. 12-39-12-52. - Reserved. CL CL 0 U) 0 CL CL U) CL CL c� E c� ATTACHMENT "C" Page 84 of 93 Packet Pg.491 F.7.f ATTACHMENT "D" DAVIS-BACON WAGES STATEMENTCL U) "General Decision Number: FL20220022 07/01/2022 Superseded General Decision Number: FL20210022 U) State: Florida CL Construction Type: Building CL County: Monroe County in Florida. 0 BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories) . Note: Contracts subject to the Davis-Bacon Act are 00 generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive y Orders apply to covered contracts entered into by the CL federal government that are subject to the Davis-Bacon CL Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR5.1(a)(2)-(60). JIf the contract is entered Executive Order 14026 into on or after January 30, generally applies to the 12022, or the contract is contract. 0 renewed or extended (e.g., an The contractor must pay option is exercised) on or all covered workers at U) after January 30, 2022: least $15.00 per hour (or 1 0 CL the applicable wage rate listed on this wage determination, if it is I CL higher) for all hours spent performing on the I U) contract in 2022. JIf the contract was awarded onl . Executive Order 13658 CL Jor between January 1, 2015 and) generally applies to the CL January 29, 2022, and the contract. contract is not renewed or The contractor must payall) lextended on or after January covered workers at least I CL 130, 2022: 1 $11.25 per hour (or the applicable wage ratelisted) on this wage determination, ) if it is higher) for all ; hours spent performing on 1 that contract in 2022. I ATTACHMENT "D" Page 85 of 93 Packet Pg.492 F.7.f The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered CL necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. U) Additional information on contractor requirements and worker protections under the Executive Orders is available at CL https://www.dol.gov/agencies/whd/government-contracts. CL Modification Number Publicatio 0 n Date 0 0 01/07/2022 1 01/14/2022 2 02/25/2022 3 07/01/2022 00 ELEC0349-003 09/01/2021 - Rates Fringes L- CL ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 37.61 11.72 CL --------------------------------------------------------------- ENGI0487-004 07/01/2013 Rates Fringes OPERATOR: Crane All Cranes Over 15 Ton Capacity. . . . . . . . . . . . . . . . . . . .$ 29.00 8.80 0 Yard Crane, Hydraulic Crane, Capacity 15 Tonand Under. . . . . . . . . . . . . . . . . . . . . . .$ 22.00 8.80 CL --------------------------------------------------------------- IRON0272-004 10/01/2021 4- CL LL Rates Fringes U) IRONWORKER, STRUCTURAL AND REINFORCING. . . . . . . . . . . . . . . . . . . . . .$ 26.00 14.16 --------------------------------------------------------------- CL PAIN0365-004 06/01/2021 CL Rates Fringes CL PAINTER: Brush Only. . . . . . . . . . . . .$ 20.21 12.38 c) --------------------------------------------------------------- * SFFL0821-001 07/01/2022 Rates Fringes E SPRINKLER FITTER (Fire Sprinklers) . . . . . . . . . . . . . . . . . . . . . .$ 31.28 21.34 --------------------------------------------------------------- ATTACHMENT "D" Page 86 of 93 Packet Pg.493 F.7.f SHEE0032-003 12/01/2013 Rates Fringes CL U SHEETMETAL WORKER (HVAC Duct Installation) . . . . . . . . . . . . . . . . . . . .$23.50 12.18 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - U) * SUFL2009-059 05/22/2009 Rates Fringes CL CL CARPENTER. . . . . . . . . . . . . . . . . . . . . . . .$15.08 5.07 CEMENT MASON/CONCRETE FINISHER. . .$ 12.45 ** 0.00 FENCE ERECTOR. . . . . . . . . . . . . . . . . . . .$ 9.94** 0.00 LABORER: Common or General. . . . . .$ 8.62 ** 0.00 LABORER: Pipelayer. . . . . . . . . . . . . .$ 10.45** 0.00 OPERATOR: Backhoe/Excavator. . . . .$ 16.98 0.00 - 0 OPERATOR: Paver (Asphalt, y Aggregate, and Concrete) . . . . . . . . .$ 9.58 ** 0.00 0 CL CL OPERATOR: Pump. . . . . . . . . . . . . . . . $ 11.00 ** 0.00 PAINTER: Roller and Spray. . . . . . $ 11.21 ** 0.00 LO PLUMBER. . . . . . . . . . . . . . . . . . . . . . . . $ 12.27 ** 3.33 ROOFER: Built Up, Composition, Hot Tar and 0 Single Ply. . . . . . . . . . . . . . . . . . . . . $ 14.33 ** 0.00 U) SHEET METAL WORKER, ExcludesCL HVAC Duct Installation. . . . . . . . . $ 14.41 ** 3.61 4- TRUCK DRIVER, Includes Dump CL LL and 10 Yard Haul Away. . . . . . . . . . . $ 8.00 ** 0.15 WELDERS - Receive rate prescribed for craft performing operation to which welding is CL incidental. CL CL ** Workers in this classification may be entitled to a U) higher minimum wage under Executive Order 14026 ($15.00) or 13658 ($11.25) . Please see the Note at the top of the wage determination for more information. ; Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is ATTACHMENT "D" Page 87 of 93 Packet Pg.494 F.7.f awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must CL provide employees with 1 hour of paid sick leave for U every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for U) their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, CL injured, or has other health-related needs, including CL preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker 0 protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)) . 0 0 L_ CL CL The body of each wage determination lists the LO classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate C 0 is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). CL Union Rate Identifiers 4- A four letter classification abbreviation identifier CL enclosed in dotted lines beginning with characters other LL than ""SU"" or ""UAVG"" denotes that the union U) classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the CL union which prevailed in the survey for this CL classification, which in this example would be Plumbers. �y 0198 indicates the local union number or district council CL number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. ; Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. ATTACHMENT "D" Page 88 of 93 Packet Pg.495 F.7.f Survey Rate Identifiers CL Classifications listed under the ""SU"" identifier indicate U that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in U) the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and CL non-union rates. Example: SULA2012-007 5/13/2014. SU CL indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number 0 used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. 0 Union Average Rate Identifiers y 0 L_ CL Classification(s) listed under the UAVG identifier CL indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. U) A UAVG rate will be updated once a year, usually in o CL January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. CL LL U) --------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS CL CL 1.) Has there been an initial decision in the matter? This can be: CL * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter ; * a conformance (additional classification and rate) ruling E On survey related matters, initial contact, including requests for summaries of surveys, should be with the ATTACHMENT "D" Page 89 of 93 Packet Pg.496 F.7.f Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, CL then the process described in 2.) and 3.) should be U followed. With regard to any other matter not yet ripe for the U) formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write CL to: CL Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: 0 Wage and Hour Administrator 0 CL U.S. Department of Labor CL 200 Constitution Avenue, N.W. Washington, DC 20210 LO The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, 0 area practice material, etc.) that the requestor considers relevant to the issue. 0 0 3.) If the decision of the Administrator is not U) favorable, an interested party may appeal directly to 0 CL the Administrative Review Board (formerly the Wage Appeals Board) . Write C to: CL LL Administrative Review Board U) U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 CL CL 4.) All decisions by the Administrative Review Board are final. CL ------------------------------------------------------------ U U) END OF GENERAL DECISIO" 0 ATTACHMENT "D" Page 90 of 93 Packet Pg.497 F.7.f ATTACHMENT "E" BYRD-ANTI LOBBYING CERTIFICATION APPENDIX A, 44 C.F.R. PART 18- CERTIFICATION REGARDING LOBBYING (To be submitted with each bid or offer exceeding$100,000) Certification for Contracts, Grants, Loans, and Cooperative Agreements CL CL The undersigned certifies,to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of 0 a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will 0 be paid to any person for influencing or attempting to influence an officer or employee of any > agency, a Member of Congress, an officer or employee of Congress, or an employee of a CL CL Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or U) CL entered into. Submission of this certification is a prerequisite for making or entering into this M transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the CL required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. U) The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, CL CL the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and CL disclosure, if any. U) Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date c� ATTACHMENT "E" Page 91 of 93 Packet Pg.498 DISCLOSURE Of LOBBYING ACTIVITEES L Type,of Fedevil Act-iou: 2 St.,btus of F'edevil-Actiou: I Reap-ort Tl,..-pe: ❑a.cran�aaoc ❑�.�rn�:i tmfdw�tr�r��car�l,�¢ti ❑� i�it+�nV � b LvaLl t imp 'Tvzd b mart Wch=e U) poo-jwwd d For Mihedall Chamge Oub-: e. fan gumanipt., YEN_ quarcer f 1,07ininvuramce lyti!of ll-a report U) ,4,. 'w ame and Address of Reparfimg Earity S. If Repartiag Embty im N&41 E 5mbavardee., Emfer Name sad Addr ::,,of Prime: El DrItle F-1subz7W'nrdPA CL TiEr CL CQUATesuccal Distrizt,if kmomm Cougresmamal Dlift.nict.,ifknown 6. Federal DepartmeukUgency: '7. Federal Pragam NameDe%Tipt3on: 0 0 CFDA.Number,ifaplylcabLe! & Federal ArfiamNmmber,ifkmmm:� 9. Award Ammumf,,if known: 10. a. Name mud Addre.s of Lobby Enifty b. Iadh-ideals Performing S*mius ('ncl4dmg tlf indiviLL,lomi name,fira name,M'T„ addzeis ifdiffueni from No.I OR 4— cla"z name,fir>t name:,Mp 0 0 L- CL CL (anach Coctnuation SheiT.(v,)':if nezesv=v) 11. Azamimt of Payment Ohm L,211 that 2pp[7'j 13. Type,DiPaymeM(chax kall thalappfT), pUnni F-1 F F-1 b. one-ame fee, 12. Fffrma[PaymeO(clik"k all chat apply)- c. coamlu'-"1011 F-1 a, Cakb d. continfent Fese F-1 b ja.kiLdl EpPC fyr: na=e_ P,defiinTed da v hije!al 14. BrjefDescnptja,,ui of Serrices Perfarmed orta be performed xud Dlate(i)ofSuvixe,incluffing 0 officerfA).,employ ,,J.,ar member(s)cantacted, r Payment liodmcded in Ilem 11: U) 0 CL (ahach Coirtmuatm Sheeb�s)if necessary) 13. Coudamadian Shee,h(s)aflached: yes ❑ Na F—] 4- 16. h6=stixn rK7aslQd t1comp thm,km vs raffiarmA bry CL Tit.]Dll 17,5C Sanicm 1372 Slipanize: LL r;LZZCQ W311 yhrod b7 diQ Garr zjlma whgr.0 hii,t-mucien W PhW Nm. le- U) pun M 2 7k,6 in fmmz a b i a u Wi 1.�bs npomd to Ccup;4A wG==Wly and mul bo rah.aKa f-:,'peak c=wpKt,Qu Aoy pwwa w o fiLh ticlk tlszwair�, Titae duclo,mm ihjU.1F,p mdbq�ct to 2,cni]pcmal,�e of mut loss thm ap =2 moo,Mar;thaw 100,000 472T 0"h yur'l whn' Teiephume No.'� Date: CL CL Awbahzed far Llocal Reproductim I Fectcril Uie,0EJy: 'Slandmd Fann-LLL U) 'a 2-6c IPAJR.7 21COUN7Y 9= ATTACHMENT "E" Page 92 of 93 1 Packet Pg.499 F.7.f INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES c� U) This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C.section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency,a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence,the outcome d2 of a covered Federal action. 2. Identify the status of the covered Federal action. 0 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the 0 a.+ information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name,address,city,state and zip code of the reporting entity. Include Congressional District if known. Checkthe appropriate classification of the reporting entity that designates if it is or expects to be aprime or subaward recipient. Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts,subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks"Subawardee"then enter the full name,address,city,state and zip code of - the prime Federal recipient. Include Congressional District,if known. @ 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below > 0 agency name,if known. For example,Department of Transportation,United States Coast Guard. L_ 7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full Catalog of Federal Domestic Assistance(CFDA)number for grants,cooperative agreements,loans and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1(e.g., Request for Proposal(RFP)number,Invitation for Bid(IFB)number,grant announcement number,the contract grant.or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes,e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. E 10. (a)Enter the full name,address,city,state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. 0 (b)Enter the full names of the individual(s)performing services and include full address if different from 10(a). Enter Last Name,First Name and Middle Initial(MI). e) IL Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(item 4)to the lobbying entity C, (item I O). Indicate whether the payment has been made(actual)or will be made(planned). Check all boxes that apply. If this is a material change report,enter the cumulative amount of payment made or planned to be made. 4— CL 12. Check the appropriate box. Check all boxes that apply. If payment is made through an in-kind contribution,specify the nature and value of the in-kind payment. W 13. Check the appropriate box. Check all boxes that apply. If other,specify nature. t) 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s)of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s)or employee(s)contacted or the officer(s)employee(s)or Member(s) of Congress that a CL were contacted. C. 15. Check whether or not a continuation sheet(s)is attached. L39 16. The certifying official shall sign and date the form,print his/her name title and telephone number. U Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project 4, (0348-0046),Washington,D.C.20503. SF-LLL-Instructions Rev.06-04- 90aENDIF» 2-6d PART 2/COUNTY ATTACHMENT "E" Page 93 of 93 Packet Pg. 500