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11/15/2022 Agreement
GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: December 9, 2022 TO: William DeSantis, Director Facilities Maintenance Chrissy Collins Executive Administrator Alice Steryou Contract Monitor FROM: Liz Yongue, Deputy Clerk SUBJECT: November 15th BOCC Meeting The following item has been executed and added to the record: F7 Agreement with Tyler Gautier Landscaping, Inc. d/b/a/ Gautier Tree & Landscape for Upper Keys Landscaping Maintenance Services at multiple locations with an annual contract amount not to exceed $120,000. Funding is Ad Valorem. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 AGREEMENT FOR UPPER KEYS LANDSCAPING MAINTENANCE - MULTIPLE LOCATIONS MONROE COUNTY, FLORIDA 15th November This Agreement is made and entered into this 44414 day of QGt9be , 2022, between MONROE 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., d/b/a GAUTIER TREE & LANDSCAPE, a Florida Profit Corporation, authorized to do business in 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 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 contained herein, it is agreed as follows: 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 BID AWARD AGREEMENT provided no less than twice a week at each location, understanding that some weeks may require additional days. 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 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 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 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 BID AWARD AGREEMENT 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. 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. 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. 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). 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. D. Total compensation to CONTRACTOR under this Agreement shall not exceed One 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 There shall be no additional charges to the County for travel, mileage, meals, or lodging. Contractor shall submit itemized invoices in writing. For invoicing purposes, the hours shall be calculated in fifteen (15) minute increments. 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 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. 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 §200.33, if applicable, whichever is greater. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for 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 BID AWARD AGREEMENT Court and Comptroller(hereinafter referred to as"County Clerk")to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in County's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by County's representative and/or agents or the County Clerk. County or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing 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 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 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 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 BID AWARD AGREEMENT 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 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 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, BLEY IANO IC N E :; 1.1 �Y F.L V, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH STREET, SUITE 408, KEY WEST, FL 33040. 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 BID AWARD AGREEMENT 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 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. 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. 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 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. BID AWARD AGREEMENT 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. 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 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. 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. 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 BID AWARD AGREEMENT 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. 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: 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 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. 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 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 BID AWARD AGREEMENT investigation, proceeding, hearing, or action, including an investigation 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 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 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 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. 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. 15. ASSIGNMENT/SUBCONTRACT BID AWARD AGREEMENT 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. 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 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 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. BID AWARD AGREEMENT 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 Tyler Gautier Landscaping, Inc. Facilities Maintenance Department d/b/a Gautier Tree & Landscape 123 Overseas Hwy. 89100 Overseas Hwy. Rockland Key Plantation Key, FL 33070 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 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. 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 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 an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated BID AWARD AGREEMENT 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. 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 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, 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 BID AWARD AGREEMENT between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 23. MEDIATION 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 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 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 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. 26. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. 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 BID AWARD AGREEMENT 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. 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 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, voluntarily, and with advice of counsel. 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. 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 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 BID AWARD AGREEMENT County, except to the extent permitted by the Florida constitution, state statute, and case law. 33. NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor 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. 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. 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 "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, BID AWARD AGREEMENT 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." 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 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 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 BID AWARD AGREEMENT 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 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 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. (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 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. BID AWARD AGREEMENT 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 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 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 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 BID AWARD AGREEMENT 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). 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 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 appropriate EPA Regional Office. 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 �nr.,,:sar1i,,,. oy. 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 BID AWARD AGREEMENT 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 compliance in its lower tier covered transactions. 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 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 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. 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. BID AWARD AGREEMENT 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) to procure or obtain equipment, services, or systems that uses covered 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 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). (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 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, occurred in the United States. (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 BID AWARD AGREEMENT 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. 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. 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 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) 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 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 BID AWARD AGREEMENT without specific FEMA pre-approval. The Contractor shall include this provision in any subcontracts. 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. 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. 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. 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), 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 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 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 comply with and be subject to the provisions of Fla. Stat., Sec. 448.095. 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. 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. 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 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. 49. FINAL UNDERSTANDING BID AWARD AGREEMENT 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. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] BID AWARD AGREEMENT IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed this Agreement on the day and year first written above. .1 4 A Of BOARD OF COUNTY COMMISSIONERS r bit'- VIN MADOK, CLERK OF MONROE COUNTY, FLORIDA rn I.fY y By A___—..... �.. A Deputy C rk Y:- Date: _ III 15I20-7 Date:I ill 15'J2O2z 1�... Li__ +� Li- -- 1Nitnesses or5CONTRACTOR: CONTRACTOR: E)r.--, 9 ` TYLER GAUTIER LANDSCAPING, INC., "I d/b/a G. U, .IER TREE & LANDSCAPING //0- / ® it.. - • Signafure of person authorized to Sig'at rue. legally bind CONTRACTOR Date:.tO /0LI)22 t%r f 22 \p;'(Yl'''i ' lt�t.?1 �. k7f _(jalur�Y -Prey ,c`c-C� Date Print Name Print Name and Title Address:MOO Ouu` S 't Signatur> : `OcAl` Gti Oi1.60,,C.L 3301-0 , (am) 7.i 36-40(08 Telephone Number 10/0Lfba2 _Andrea ZQb Q MONROE COUNTY ATTORNEY'S OFFICE Date Print Name . ."►sT0 C M "- PATRICIA EAMLES. A SISTANT4 1 S ANEN DATE: - BID AWARD AGREEMENT ATTACHMENT "A" SCOPE OF WORK MURRAY NELSON GOVERNMENT CENTER SPECIFICATIONS FOR LANDSCAPE MAINTENANCE General landscape maintenance work for approximately four(4)acres. 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. 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 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 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" 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. 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. 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 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" 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. 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 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. 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 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 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" 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. 31) Contractor shall provide the County with at least seventy-two(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 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. 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. ATTACHMENT "A" v i i R 5 , IF r iVll �1G rd ATTACHMENT "A" 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 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 of the property. 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. 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.) - Please see map at the end of"Attachment B" for detail - 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. ATTACHMENT "B" 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 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. 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. 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 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 ATTACHMENT "B" and power poles will be trimmed on an as-needed basis throughout the year,as directed by the County. 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 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. 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 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. 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. ATTACHMENT "B" 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. 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 seventy-two (72) hours advance notice of the spraying of any pesticide on County property. 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 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. ATTACHMENT "B" Bp ��✓5 � ire' �+w. 'i1 U � waV,r��Ifi�A r'' ' �r� � r •r new r^ ~w i I „ a y I P A r u III r II ®rlN ;y,,, Nu /IIIPb"„'�aaw, n✓a ,. /.�i///, dir /.i.. ATTACHMENT "B" ATTACHMENT "C" MONROE COUNTY FERTILIZER ORDINANCE ARTICLE II. - USE OR APPLICATION OF FERTILIZERS Footnotes: ---(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- 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. Sec. 12-25. -Jurisdiction; administration. 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. 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 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 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, estuaries, interior freshwater wetlands, and Monroe County writ large. Collectively, these water bodies are an asset 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 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 ATTACHMENT "C" 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 same as they have been defined in the Monroe County Code of Ordinances and in the Monroe County Land Development Code. The following terms shall have the following specific definitions as used herein, unless the context clearly indicates otherwise: Application or apply, or variants thereof shall mean the actual physical deposit of fertilizer to turf, specialized 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 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, conserving water supplies, and protecting natural resources, and which minimize the negative environmental impacts of installation and maintenance of landscapes. 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 Water Resources by the Green Industries, 2008." 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 money, goods, services, or other valuable consideration. 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 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. 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" management of yard pests, recycling yard waste, reduction of stormwater runoff, and waterfront protection. 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. Green infrastructure shall mean a management approach engineered-as-natural ecosystems such as green 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 rainwater harvest techniques. Guaranteed analysis shall mean the percentage of plant nutrients or measures of neutralizing capability claimed 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 property owners' association, residential properties maintained in common ownership, industrial, commercial, or 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. 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, evapotranspiration, or use of stormwater in order to protect water quality and associated aquatic habitat. LID is an approach to land development or redevelopment that works with nature to manage stormwater as close to its source as possible. 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 down by soil microbes before they become available for plant uptake. 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. ATTACHMENT "C" Rapid(quick)release or water-soluble nitrogen shall mean any product containing, including but not limited to: (1) Ammonium nitrate; (2) Ammonium sulfate; (3) Calcium nitrate; (4) Diammonium phosphate; (S) Monoammonium phosphate; (6) Potassium nitrate; (7) Sodium nitrate; (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. 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. 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 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". Slow release, controlled release, timed release, or water insoluble nitrogen shall mean nitrogen in a form which 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 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; (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. ATTACHMENT "C" 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 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 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. 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 plants during a restricted season. (b) Fertilizer shall only be applied to actively growing turf and plants and not to saturated soil. (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) Sec. 12-30. - Fertilizer-free zones. (a) Except as provided in subsection (b) immediately below, fertilizer shall not be applied within 20 feet of any breakwater, bulkhead, bulwark, canal, dock, pier, revetment, rip-rap, wharf, or within 20 feet of any 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. (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" 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) Sec. 12-31. - Fertilizer content and use rates. (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. (b) Liquid fertilizers containing nitrogen shall not be applied to turf or landscape plants within the unincorporated 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 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 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. (f) 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 emergency situation (e.g., saltwater floods, etc.), or in accordance with the Stormwater Pollution Plan for that site. (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. (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 1,000 square feet per application and not to exceed 0.50 lbs. of phosphorus per 1,000 square feet per ATTACHMENT "C" 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 as found in OF/IFAS recommendations for landscape plants, vegetable gardens, fruit trees, and shrubs.( 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 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. (d) Any fertilizer applied, spilled, or deposited, either intentionally or accidentally, on any impervious surface shall be immediately and completely removed to the greatest extent practicable. (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. (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. (g) In no case shall fertilizer be washed, swept, or blown off or around trunks of palms or tree wells or in tree pits. ( Ord. No. 018-2021 , § 3) Sec. 12-33. - Exceptions. (a) Sections 12-29, 12-30, 12-31, and 12-32 shall not be applicable to: (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. (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" (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 applied to improve the physical condition of the soil. (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. ( Ord. No. 018-2021 , § 3) 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: ATTACHMENT "C (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. (3) Specify a certified turfgrass groundcover species for all play areas that require(s) the least amount of fertilizer and water consumption. (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), 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 the design of the field's drainage system and in allowing ample, uncompacted areas for tree root growth. (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. (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, 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 would be incurred if a proposed exception is not granted. The county administrator or his or her designee 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 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" Sec. 12-35. -Certification and best management practices training programs. (a) All commercial and institutional applicators within or doing work in the 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 application activities and shall present the certificate to Monroe County, upon request. (b) All commercial and institutional applicators of fertilizer within the unincorporated 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 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 best management practice (BMP)trainers. ( Ord. No. 018-2021 , § 3) 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 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" (b) All businesses applying fertilizer to turf or landscape plants (including but not limited to residential lawns, golf courses, commercial properties, and multi-family and properties maintained in one or more community association(s), must ensure that at least one 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. ( Ord. No. 018-2021 , § 3) 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 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 relief. (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- lessees, assignees, sub-assignees, and holder(s) of legal or beneficial title to or interest in a business organization and/or property and/or violator held in violation of this article, shall be jointly-and-severally liable with respect to any legal or 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 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. (f) Attorneys'fees and costs. If the county prevails in an enforcement action against a ATTACHMENT "C" person found to be in violation of this article, the county shall be entitled to recover its costs of investigation, attorneys'fees and other costs to the extent permitted by law. ( Ord. No. 018-2021 , § 3) Sec. 12-38. - Provisions to be cumulative. 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 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) Secs. 12-39-12-52. - Reserved. ATTACHMENT "C" ATTACHMENT "D" DAVIS-BACON WAGES STATEMENT "General Decision Number: FL20220022 07/01/2022 Superseded General Decision Number: FL20210022 State: Florida Construction Type: Building County: Monroe County in Florida. 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 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 Orders apply to covered contracts entered into by the 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 forth at 29 CFR5.1(a)(2)-(60) . JIf the contract is entered Executive Order 14026 linto on or after January 30, generally applies to the 12022, or the contract is contract. renewed or extended (e.g., an The contractor must pay loption is exercised) on or all covered workers at after January 30, 2022: least $15.00 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2022. JIf the contract was awarded onj . Executive Order 13658 Jor between January 1, 2015 and) generally applies to the January 29, 2022, and the contract. contract is not renewed or The contractor must payall) lextended on or after January covered workers at least 130, 2022: 1 $11.25 per hour (or the applicable wage ratelisted) on this wage determination, ) if it is higher) for all hours spent performing on that contract in 2022. ATTACHMENT "D" The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at https://www.dol.gov/agencies/whd/government-contracts. Modification Number Publication Date 0 01/07/2022 1 01/14/2022 2 02/25/2022 3 07/01/2022 ELEC0349-003 09/01/2021 Rates Fringes ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 37.61 11.72 --------------------------------------------------------------- ENGI0487-004 07/01/2013 Rates Fringes OPERATOR: Crane All Cranes Over 15 Ton Capacity. . . . . . . . . . . . . . . . . . . .$ 29.00 8.80 Yard Crane, Hydraulic Crane, Capacity 15 Ton and Under. . . . . . . . . . . . . . . . . . . . . . .$ 22.00 8.80 --------------------------------------------------------------- IRON0272-004 10/01/2021 Rates Fringes IRONWORKER, STRUCTURAL AND REINFORCING. . . . . . . . . . . . . . . . . . . . . .$ 26.00 14.16 --------------------------------------------------------------- PAIN0365-004 06/01/2021 Rates Fringes PAINTER: Brush Only. . . . . . . . . . . . .$ 20.21 12.38 --------------------------------------------------------------- * SFFL0821-001 07/01/2022 Rates Fringes SPRINKLER FITTER (Fire Sprinklers). . . . . . . . . . . . . . . . . . . . . .$ 31.28 21.34 --------------------------------------------------------------- ATTACHMENT "D" SHEE0032-003 12/01/2013 Rates Fringes SHEETMETAL WORKER (HVAC Duct Installation) . . . . . . . . . . . . . . . . . . . .$ 23.50 12.18 ----------------------------------------------------------- * SUFL2009-059 05/22/2009 Rates Fringes 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 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) . . . . . . . . .$ 9.58 ** 0.00 OPERATOR: Pump. . . . . . . . . . . . . . . . . $ 11.00 ** 0.00 PAINTER: Roller and Spray. . . . . . $ 11.21 ** 0.00 PLUMBER. . . . . . . . . . . . . . . . . . . . . . . . . $ 12.27 ** 3.33 ROOFER: Built Up, Composition, Hot Tar and Single Ply. . . . . . . . . . . . . . . . . . . . . . $ 14.33 ** 0.00 SHEET METAL WORKER, Excludes HVAC Duct Installation. . . . . . . . . . $ 14.41 ** 3.61 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 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" awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for 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 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 the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional 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)). --------------------------------------------------------------- The body of each wage determination lists the 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 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). Union Rate Identifiers 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 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" Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate 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 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 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 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. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier 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. A UAVG rate will be updated once a year, usually in 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 * 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 ATTACHMENT "D" 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, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: 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: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 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 the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ------------------------------------------------------------ ------------------------------------------------------------ ___= END OF GENERAL DECISIO" ATTACHMENT "D" 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 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 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 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 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 entered into. 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 $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. Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date ATTACHMENT "E" INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES 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 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 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. 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. 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 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 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. 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 announcerment 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. 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. (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). 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 material change report,enter the cumulative amount of payment made or planned to be made. 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. 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 (0348-0046),Washington,D.C.20503. SF-LLL Instructions Rev.06-04-90«ENDIF» 2-6d PART 2/COUNTY ATTACHMENT "E" ATTACHMENT "F" MINORITY OWNED BUSINESS DECLARATION Minority Owned Business Declaration , a sub-contractor engaged by Monroe County during the completion of work associated with the below indicated project (Check one) 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 Statutes. F.S.288.703(3) "Minority business enterprise" means any small business concern as defined in subsection (6)(see 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 under 16 years of age and a parent of such children or the spouse of such parent residing in the same house or livingunit. 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 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 Signature Signature Print Name: Printed Name: Title: Title/OMB Department:-Verified via: hgps:Hosd.dms.myflorida.com/directories ATTACHMENT "F" Address: City/State/Zip- Date: DEM Contract: FEMA Project Number: ATTACHMENT "F" NON-COLLUSION AFFIDAVIT of the city of \ eq �,aCCj o according to law on my oath, and under penalty of perjury, depose and say t at: yi a. I am 0 W n c :( of the firm of �. 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; 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. (Sig e) Date: (, STATE OF: 0C - COUNTY OF 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 (type of identification)as identification, " WENDY L.COFFMAN . � MY COMMISSION#HH 008488 EXPIRES:October 10,2024 NOTARY PUBLIC tj F i 'Bonded Thru Notery Public Underwdlers (S My Commission Expires:. PROPOSAL FORM 00120- Page 24 of 93 SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CL.aUSE / y y y ff `^.irk.. R 1 YP (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 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) Date: � STATE OF: �..w,. ."'. . COUNTY OF f�n Subs.,-ribed and sworn to (or affirmed) before me, by means of i -"[ysical presence or ❑ online notarization, on �' - mew. (date) by 4 ,. t, ,f (name of affiant). He/She i per _gtIg ly.,t nowr .to me or has produced (type of identification)as identification, M WENDY L.COFFMAN F MY COMMISSION#HH 000N :w EXPIRES:October 1%2024 (SEA "'oFt "' BondedThruNr ryrubGoundermit 8 OTARY PUBN ANC My Commission Expires: PROPOSAL FORM 00120- Page 25 of 93 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statutes, Sec. 287.087, hereby certifies that: .:,: ee (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. 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 Ebide 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. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the perscn authorized to sign the statement, I certify that this firm complies fully with the above requirement. (Propos r"s Sig ature) - Date: STATE OF: � � 01 COUNTY OF ., °""" . Y" Subscribed ad s of nr ( ) date b y �� t. =" p or❑online notarization, S ,or affirmed before me,t ens of I h slcal resent e (date) y (name of p y n to me or has produced affiant . He/She is ersonall ncrm (type of identification) as identification, per, WENDY L,COFFMAN (S MY COMMISSION#HH �.F EXPIRES:October 10,2024 :?f t BonddThr.WAryPuYAc UrderwnNere NOTARY PUBLIC My Commission Expires: PROPOSAL FORM 00120- Page 26 of 93 LOCAL PREFERENCE FORM A. Vendors caiming a local preference according to Ordinance 023-2009, as amended by Ordinance No.. 004-2015 and 025-2015, must complete this form. Name of Bidcer/Responder: . N ,& Date: �L Z 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: 89100 (-Iwje:fs s k-Vw . CLn Telephone Number: B. Does the\oendor/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 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 Department of State for at least one (1)year prior to the notice of request for bids or proposals)rl 10 t � " ,I.i,N Tel. Number_(3�j,T�� 7 3 S�� (46 Lp Address f� l ' f�t s►4,h Print Name: 4 J Si6j&ure anc Title of Authorized Signatory for 1 m Bidder/Responder STATE OF: �.. r t ,.. COUNTY OF Subscribed and sworn to(or affirmed)before me, by means of P' )hysical presence or❑online notarization, � < on ( � , (date) by (name of affiant). He/She is pgfson )a r a i yrrl,.to me or has produced (type of identfication) as identification.. P x+' WENDY L.COFFMAN (SE MY COMMISSION#HH00848b NOTARY PUBLIC � EXPIRES:October 10,2024 Bonded Ttn Nw y Kft UmWv kem My Commission Expires; PROPOSAL FORM 00120- Page 27 of 93 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." 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.. (Signat re) Date: 140e— STATE OF: COUNTY O=: Ly be— Subscribed and sworn to (or affirmed) before me, by means of g ysical presence or ❑ online notarization, on .. (date) by `' �.� f (`V ) � �� (name of affiant). He/She is pqrq liy, .rt�n to me or has produced (type of identification) as identificatior. yyENOY L.COFFMAN --------------- �.� p MY COMMISSION 8 HH 008W EXPIRES:October NOTARY PUBLIC (SEAL My Commission Expires: PROPOSAL FORM 00120- Page 28 of 93 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): Vvqs Lanc-1 qi. M t'w .0 ..1 i1 WCAA;pnS . Respondent Vendor Name: Vendor FEII,t 84 -'?jfp k 35 Vendor's Authorized Representative Name and Title-rI Address: 8�'.wa C�J (sect> vq.Aa" . -.,,.... .. ... City ?Wkk), 0 6e.,t State: Zip:p 34 ......m.. Phone Number: 3051 (ofo Email Address: W'�' 'k(NO 41 +k-r Corn Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into x renewing a contract for goods or services of any amount if, at the time of contracting or 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 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 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 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 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. Authorized Signature: Print Name " k, __ kx Title: Ck'.. A.: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,�:����rp ,ir�ts v�:pdor'w.lists PROPOSAL FORM 00120- Page 29 of 93 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 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 certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PHONE(A/C,No,Ext): (800)277-1620 X 4600 FAX(A/C NO): (727)Z27 0704 FrankCrum Insurance Agency,Inc. E-MAIL ADDRESS: 100 South Missouri AvenuB INSURER(S)AFFORDING COVERAGE NAICq INSURER A: Frank Winston Crum Insurance Company Clearwater,FL 33756 _ 1600 INSURED INSURER... ... ......... B: FrankCrum L/C/F Tyler Gautier Landscaping Inc.dba Gautier Tree SURER C: &Landscape INSURER D: 100 South Missouri Avenu3 INSURER E: Clearwater FL 33756 INSURER F' COVERAGES CERWICATE NUMBER: 911588 REVISION NUMBER: THIS IS TO CERTIFY THAT TIME POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS 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 MAY HAVE BEEN REDUCED 3Y PAID CLAIMS. _—..m,.a..P. ILTR INSRD ADDL SUER POLICY EFF POLICY ERP _...- TYPE OF INSURANCE WVD POLICY NUMBER LIMITS ..,.,,,..y .,,.,....... (MMIDDIYYYY) (MM/DDM'YY) COMMERCIAL GENERALLIABILITY EACH OCCURRENCE $ _ N CLAIMS-MADE OCCUR DAMAGE TO RENTED $ PRE,MBSE:F.E a,.ermr wince ..................................�.,.,,.,�.,..,...,. MEN EXP(Any one person) $ _ ..,„,,. ,,,„_ PERSONAL&ADV INJURY $ OF.iN'l AGGREGATE LIMIT APF_IES PER: GI.?.M PAL AGGREGATES $ ... _.,...... ... m ....� ... CfJMI t01 AGG $ POLICY ��I'It(7,.:.:CT �.. �I_OC I ItODUCT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ -eccMe,nt ANY AUTO par,".)Per t;1t'4RJG.D AUTOS :i&%H$f]Jl.fi,^,1 BODILY INJURY( $ r:.JNL'✓ AUTOS BODILY INJURY(Per aocident} .. HIRED AUTOS „NON-OWNED PROPERTY' DAMAGE ONLY T c dent $ UMBRELLA LIAR OCCUR EACH OCURRENCE $ EXCESS LIAR CLAIMS MADE::. AGGREGATE $ DED R'F:TL-rJ'I'NI)&• WORKERS WMPFNSATI� ...... ....m , ON FUD WC202200000 0 1I01I2022 01/0112023 X R STATUTE OTH-' ER A EMPLOYERS LIABILITY Y/N ANY PROPRIETOR/PARTNEFB/EXE--ME OFFICER/MEMBER EXCLUDED N/A E L EACH ACCIDFNT $9 RRR.000 (Mandatory In NH) If yes,describe under I,I. ILO�rI'rg,R f fl�L 111P..G ff E $t 000 0 0 DESCRIPTION OF OPERATION below �........�................. E.L..DISEASE-POLICY I,IMIT $tdRQ 229 DESCRIPTION OF OPERATIONS rM-OCATIONS I 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 WAIVER N/A YES CERTWICATE HOLDER CANCELLATION 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 POLCY PROVISIONS Monroe County BOCC AUTHORIZED REPRESENTATIVE 1100 Simonton Street 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 DocuSign Envelope ID:91D1EB33-D9E4-462D-A5DD-5D59C8D96499 Cl CW A021011 CERTIFICATE OF INSURANCE This certificate is issued for informational purposes only. It certifies that the policies listed in this document have been issued 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. 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 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 OnlyX No Fault X 7--Specifically Described Autos X 8-Hired Autos Only X 9-Nonowned Autos Only Policy Effective Date: 05-03-2022 1 Policy Expiration Date: 05-03-2023 Limits of $1,000,000 Combined Single Limit(each accident) Insurance: BI Per Person BI Per Accident PD Per Accident Description of 0pe rations/Locations/Vehicles/Endorsements/Special Provisions APPROVED BY RISK MANAGEMENT DATE 10�4�2C� 2 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 INSURED STATJS. THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED ONLY TO THE EXTENT INDICATED IN SUCH POLICY LANGUAGE OR ENDORSEMENT. Producer 7/14/2022 SUAREZ INSULANCE GROUP LLC Authorized Representative: Docusl9nea by: Date: 07-14-22 nsss�4rr�t��ar�sn,�,c;. Includes copyrighted material of Insurance Services Office, Inc.,with its permission Cl CW A021011 Allstate Insurance Company Page 1 of 1 Insured Full Copy DocuSign Envelope ID:91 D1 3B33-D9E4-462D-A5DD-5D59C8D9B499 POLICY NUMBER: 6 4 8 9 2 9 3 6 0 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE 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 modified by this endorsement. 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 SCHEDULE Name Cf Person(s) Or Organization(s) THE MDONROE COUNTY BOARD OF COUNTY COMMISSIONERS 1100 SIMONTON ST KEY WEST, FL USA 330403110 Informa-ion r2quired to com fete this Schedule, if not shown above, will be shown in the Declarations. Each peron or organization shown in the Schedule is 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 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 s0arf- 0556FOurs R54Ac CA 20 48 10 13 ©Insurance Services Office, Inc., 2011 Page 1 of 1 Insured Full Copy CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 11/21/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Lilliam Reyes NAME: Regan Insurance Agency PHONE (305)852-3234 11 (305)852-3703 WC No..E.nfl E-MAIL AdC.No ...�.._...�..._...._ m 90144 Overseas Hwy. ADDRESSt ure'yEs( rtbgaalitasl.Irafh(ewns,cam INSURER(S)AFFORDING COVERAGE NAIC N Tavernier FL INSURERA:33070 Maxum tY Company Indemni Com an -._... .. INSURED IN INSURER B• _ _.. Tyler Gautier Landscaping Inc.DBA:Gautier Tree&Landscape INSURER C P.O Box 800 INSURER D r. INSURER E r w. Tavernier FL 33070 INSURER F COVERAGES CERTIFICATE NUMBER: GL 22/23 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR r 1uva LTR TYPE OF INSURANCE IN3D wUD POLICY NUMBER MM/DD/YYYY MM/DDIYYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE �OCCUR D J NT ED 100,000 PR EMISE$�(Ea.ar..curre�nr„el $ MED EXP(Any one person) $ 5,000 A Y BDG-3060193-01 11/22/2022 11/22/2023 PERSONAL&ADVINJURY $ 1,000,000 GENERALAGGREGATE $ 2,000,000 GE.NLAGGRrGAT�'LIMIT APPLIES PER: .. POLICY 17 PLO- LOC PRODUCTS-COMP/OPAGG $ 2,000,000 ILCT OTHER: Herbicides Or Pesticides $ AUTOMOBILE LIABILITY GOMMI NN4 E 9JMI"I' $ �:u5<iCCdien9. ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED F+'WOP'FRTY OAMAGE $ AUTOS ONLY AUTOS ONLY /,,,,Perm?ccadant UM EACH OCCURRENCE $ UMBRELLA LIAR OCCUR /s5 EXCESS LIAB CLAIMS-MADE � I tl AGGREGATE $ DED RETENTION$ $ WORKERS AND EMPLO ERS'L ABILITY YIN I � 11, 23 2.2 GL �- STTH ATUTE EE ._....�. ANY PROPRIETOR/PARTNER/EXECUTIVE N/A q, E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? II """""""'� (Mandatory in NH) 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 1( 01,Additional Remarks Schedule,may be attached if more space is required) landscaping and lawn service and Tree Trimming/Prunning Certifiacte Holder is Additional Insured when reuired by written contract CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West FL 33040 2f 'yir4fl_T ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD