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Item F1 F1 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor Craig Cates,District 1 The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5 Michelle Lincoln,District 2 James K.Scholl,District 3 m' David Rice,District 4 Board of County Commissioners Meeting October 18, 2023 Agenda Item Number: F1 2023-1591 BULK ITEM: Yes DEPARTMENT: County Land Acquisition And Land Management TIME APPROXIMATE: STAFF CONTACT: Beth Bergh NA AGENDA ITEM WORDING: Approval of Amendment No. 1 to the Contract between A+ Environmental Restoration, LLC, and Monroe County Adding $175,000 to the Project and Extending the Existing Contract to May 17, 2024, for the Removal of Invasive Exotic Plants from County Conservation Lands. ITEM BACKGROUND: On November 15, 2022, the BOCC approved a contract with A+Environmental Restoration, LLC, for the removal of invasive exotic plant species from Monroe County conservation lands. The work under the original contract was completed in May 2023. However, the contract allows for up to three extensions after the project's completion date depending upon the availability of additional funding from the State. The County has received such additional funds in the amount of$150,000 from the Florida Fish and Wildlife Conservation Commission("FWC") for this project. An additional $25,000 will be paid out of Fund 160 (Monroe County Land Management and Restoration Fund). This is the first of three potential extensions allowed for under the existing contract. PREVIOUS RELEVANT BOCC ACTION: November 15, 2022 -Approval of original contract with A+ Environmental Restoration, LLC. July 19, 2023 -Approval of Task Assignment FK-182 with the Florida Fish& Wildlife Conservation Commission which provides the County with$150,000 to fund the proposed contract extension. CONTRACT/AGREEMENT CHANGES: Project completion date extended to May 17, 2024. Provides for an additional $175,000 (maximum) of project funding. STAFF RECOMMENDATION: Approval. 2782 DOCUMENTATION: Exhibit B—FK-I 82.pdf A contract fully executed 12 2022 A—Contract—Extension—Oct 2023.pdf 2023 07 Col A plus signed exp 7.22.24 signed.pdf FINANCIAL IMPACT: Effective Date: Upon execution Expiration Date: May 17, 2024 Total Dollar Value of Contract: $175,000 Total Cost to County: $25,000 Current Year Portion: $25,000 Budgeted: Yes Source of Funds: Fund 160—Monroe Co Environmental Land Management & Restoration Fund CPI: NA Indirect Costs: NA Estimated Ongoing Costs Not Included in above dollar amounts: $ 0 Revenue Producing: No If yes, amount: Grant: $150,000 (FWC funding) County Match: $25,000 Insurance Required: Yes 2783 IIIASK ASSIGNMENT NOTIFICATION FORM FWC CONTRACYNO.13101 "11r&Ass4pviriera No;FK-4 82 Date:0513012023 0muirior Name:Monnte.Quity FWC,ComrnYIMxwgff,.David WNW 850.617x9427 Contractoes oramd Mmiager:Beth Hergh-30,289,2511 FWSite Manap geir:Miciml Sow inski 8633WI,9536 ftiol'I"ith" Monnx CAnay Maintenancr Task Description: Pro%lde tenestrid vegebabon ronlM serActas in aamrdancx-w0i the Scmpe of ft:A for,the designated awaa(s)of the puift conservation iand idertfied by the Tasl(AsrAgnment Work shaH consist of the Conlractcx,systernaba-Aly traversing,braling,and treatTj IICX)%,of the fiste.wd invasive tarts with the resuft of a miniihnum of 95%of,tarqat p4nts,ix6ing WINW,Work shall be coil-OuLled pursuard to deitaft stated in 9-m a.Arrent execlAcmd Task Assigninerd sc.xW)e of work and any execi.fted Change Order for this Task Asmgmyrard,The FVW,Contract Manager Ibr ttie hwa&e r-I'larit lAwriagernent Swton may issue modifications to ttft Task krWgriment aftering the sc*iixe d"the invesive$Aarut mribcO aLdhorized(rnciease or dm., ease acres,acid ar-rernove plant species,rhange uHLs or urift,II ndauies).'11-ie Section Lx.wder of the Jinva&e["Unt Mailragenie"Sedbi may issue mcAfficabons to thhs Task Asskjnmerd redu&g the reirribursernerft arnount and any changes to the Term.The Ccwitractw Na not atAhori7.#.,...hd to per(burn work orn any additiorm-:0 skes untl such firrie as the.F'VW.,and the Contractor have fully,exemAemd as Change Order for said addittonal work,Any watt,peirft)prned by the Contra(lcw cxxwbary to ffft Tasic Xssignment shall be at ft ContiYAckWa expense.The Contractor is authodzffll to subcontracL Deliverables Q)ntrac.lor Na to PrU*18 teffestrial vegelaboin c:x)nfr(A serWrms oin public;conservation land as Wentifkad in the Taskftd�gnment Scope,ofWark (Exhibft 1).C ontraclor WU perk=vegellafi(XI avftt servim.m to roultide,but riot firnited to,diemical ftftftTiert,med ramie aIi runmAA,and hand Iptaattlrngg as rra .d#.W I the taa sk assiginrneit.FWC wfli r6rnburse contractor for aH cornpWted work as required Rx-each task aWgnment. Invoicing Freqnesicy and Finsncia$ConsequenaNs: AYl debafled lryvoicr.suppoffing d(xvi-nentafion including,bLA riot firnfte-W to,tr subcontraclu"an dierniaA invoires,and appn)ved and sigricxJ Wee4dy PTogress Refxxt forms shal be inaintainee on file and avaiiable upon mquerA,An invoice must tv,subr mitt ed upon core plpbon Owirlic Wttiin ttw Urne- pedad glw.n by it*, Contract Wnager. 'nie inn v(AcA-must veflect bie FVYC Contract number,Ov TaskAssignoneril,number,arKI the Dates 0.f Service. It J-m Contractu,matviaily fails tin compiy wth the terms avid cryidibons,inclWing any Federal rx State stages,wies q,-,r regulabons,did F`Wc ShWl te;rnporeriiy Wthihold cash psymentpending czy7arlion of the deficiertcy,Additionefly,Rule BOA-I.(X)6(3),FAC governs the pf-rxxWure and 4=nseqLxFncx-,i ot default,Funandt.g consequemces for detauft by the Corib-actxx umltickm but are not BmitcNI to trie requftment that Contraftr reiiinburse FWC for wepemwilvrnent costs. Task Asmign mina a Stan Dale Upon I-NwAnkm Final Trey hnrid(Anpirlion Datr.:UW29/2024 'I'mik Amigrimmt'I p::Fixed Pwice Aywrount Nof To Ewwxf:S150,000.00 T metal Task Assigronat Vahr 3 150,000.00 Fur ming"fps:3K Ruming InfmYrmlim FID 5111 tN3�'l�lll'tltt0 MONTIOE COUNTY 11,0RIDA FISH AND WILDLIFE CONSEMVATIVA COMMISSION I Digitally signed by David McNiel David McNie Date:2023.07.24 09 27 13-04'00' ................. ......................................................................................................................... Umt Date Manager Date Digitally signed by Matt Phillips Matt Phillips Date 2023.07.24 13 35 53 -04'00' I i t ro Tern Date IPM Section Leader Date, .........................tt OK Date UQWA0E COLMY ATTORMEY i —roicilw p o mxx vwmnmmnimuxmnwmmaumaiumininnmmmupmni A nnni 4.1 Date. FWC Contract No, 13101,Task Assilynment FK-182, Pa W, 1 2 2784 RESPONSIBILITIES OF THE CONTRACTOR: 1. Upon full execution of the Task Assignment,the Contractor will coordinate with the FWC Site Manager to establish a mutually agreeable work schedule; 2.A Ground Crew Supervisor,employed by the Contractor,will be present at all times when work on the site is underway; 3.Ground Crew Supervisors will be responsible for all control activities and safety on project sites.The Ground Crew Supervisor will assure contract crews are knowledgeable of, and remain within property and treatment boundaries. Every effort shall be made by the Contractor to avoid damage to native vegetation and wildlife; 4.Ground Crew Supervisors will be pesticide applicators possessing current certification by the Florida Department of Agriculture and Consumer Services(FDACS)in the Natural Areas categories.A copy of each supervisor's FDACS certification will be provided to the FWC Site Manager prior to initiation of on-site supervisory duties; 5.The Ground Crew Supervisor may supervise a maximum of eight(8)field employees at any given time,unless otherwise noted in the Task Assignment; 6.The Ground Crew Supervisor shall be responsible for the collection,recording,and timely submission of all data and reports required.At weekly intervals and at the completion of initial treatments and site reassessment,a complete report will be submitted to the Site Manager detailing sites treated,number and size of plants killed,and type of treatment used.This data will be recorded on the FWC"Weekly Progress Report Form"; 7.The Contractor will strictly adhere to all herbicide label application,precautionary,and safety statements; 8.All control efforts shall be at least 95%effective in preventing re-sprout of treated target vegetation. If 95%kill rate is not achieved for any area of the project sixty(60)days after project completion,one additional thorough treatment of the plant species listed under"Project Goals"in the project area will be the responsibility of the Contractor at no cost to the FWC; 9.The Contractor shall provide written notification to the Contract Manager upon completion of treatment event(s); 10.The Contractor shall forward an original invoice along with all corresponding Weekly Progress Report Forms,completed and approved,to FWC Invasive Plant Management, 3800 Commonwealth Boulevard,MS 705,Tallahassee,Florida 32399-3000 within thirty(30)working days of final managing agency approval. RESPONSIBILITIES OF THE FWC SITE MANAGER: 1.The Site Manager reserves the right to inspect,at any time,the Contractor's procedure,spray system(s),spray solution(s),and other ancillary equipment,and to approve operating personnel.Inspection,however,will not relieve the Contractor of any obligations or responsibilities nor will it transfer any liability to the lands listed under"Project Location" 2. No additional work can be added to this Task Assignment without a fully executed Change Order.Additional work includes additional treatment areas or change in treatment methodology; 3.The site management agency authorizes FWC Invasive Plant Management staff to approve invoice payments of all funds encumbered under this Task Assignment. Payment will be approved only for that work approved by the Site Manager.A copy of the approved invoice will be forwarded to the site management agency. 2785 FWC Contract No. 13101;Task Assignment FK-182. Page 2/2 Exhibit 1 Scope Of W¢°, Irlk II:::Ir.o,:➢ ,: :Il:nnorirniionn Project Title : Monroe County Maintenance 2023-2024 Fiscal Year : 2023-2024 Project Category : Large Treatment Type : Maintenance Task Assignment No : FK-182 Contact 1[i nforim don ry ry prvry ,r µ First Name Beth First Name Beth Last Name Bergh Last Name Bergh Addressl 2798 Overseas Hwy, Suite 400 Addressl 2798 Overseas Hwy, Suite 400 City : MARATHON City : MARATHON State FL State FL Zip : 33050 Zip : 33050 Primary Phone : 305-289-2511 Primary Phone : 305-289-2511 Email : bergh-beth@monroecounty-fl.gov Email id bergh-beth@monroecounty-fl.gov Managed Area Monroe County Managed Areas Total Acreage of Managed Area 1,606 Lead Agency : Monroe County Regional Working Group : Florida Keys II:::Ir. ,:Dect 1l ocadon Monroe County conservation lands are located throughout the Keys from Key West to Key Largo, with the majority of the lands located in the Lower Keys (south of the 7 Mile Bridge) and in Key Largo. They are either owned by Monroe Co or owned by the State of FL and managed by the County through a management lease. There are approximately 4,500 parcels (2,000 acres) of Monroe Co conservation lands. II:::Ir.o,:➢�,ct Coonnde Monroe I[.)4-ecdons 'to II:::"r�,.:.�...quote 1l ocadon NA - Monroe County to hire contractor 2786 RESPONSIBILITIES OF THE CONTRACTOR Unless otherwise established in the Purchase Order(PO),the Contractor shall complete all work as set forth in the Project Scope of Work in full compliance with the terms of the Contract.The responsibilities of the Contractor include (this is not a complete list;refer to FWC RFP 17/18-82 for all requirements): 1.Upon issuance of a Purchase Order the Contractor shall: a. Contact the Site Manager to discuss project operations within seven (7) days. b. Initiate control operations at the specified project location within thirty (30) days of the issuance of the Purchase Order, unless stated otherwise in the project Scope of Work, the PO, or email correspondence with the Site and FWC Project Managers. If the Contractor fails to start work within said 30 day period,the Commission shall have the option to terminate the PO and assign it to another Contractor. c. Enter start and end work dates in TIERS; if these dates change by more than one (1) week,they must be updated in TIERS and the Site Manager notified. The Commission must approve all start dates after 30 days of Purchase Order issuance date or change thereof. d. Notify the Site Manager via electronic mail seven (7) days prior to entering the work site. 2.The Contractor is not authorized to perform work on any additional sites or plant species until FWC has fully executed a Change Order for said additional work.Any work performed by the Contractor contrary to the Purchase Order shall be at the Contractor's expense. 3. Ground Crew Supervisors shall be responsible for: a.coordination with the Site Manager on a daily/weekly basis; b.all control activities and safety on project sites; c.ensuring that all contract crews are knowledgeable of,and remain within property and treatment boundaries; d.ensuring that appropriate herbicide labels,Material Safety Data Sheets (MSDS),and a copy of the fully executed work order with maps are on site; e. ensuring every effort is made to avoid damage to native vegetation and wildlife by training workers on the identification of target plants and"look-alike"native vegetation; f.ensuring adherence to all decontamination protocols. 4. Ground crew supervisors may supervise a maximum of eight (8) field employees at any given time, unless otherwise noted in the Purchase Order, or approved in writing by the Site and Project Managers. The designated supervisor must stay with the crew at all times while work is occurring. S.Ground crew supervisors shall be responsible for the collection,recording,and timely submission of all data and reports required. At regular intervals determined by the Site Manager and at the completion of initial treatment and site reassessment,a complete report will be submitted to the Site Manager in the TIERS database detailing sites treated,cover class of plants, and type of treatment used. This data will be recorded in the Weekly Progress Report (WPR). It is the responsibility of the Contractor to submit complete and correct WPR(s) to the Commission. 6. GPS units will be used to identify and document treatment area boundaries for each day worked. GPS tracks are used for monitoring treatment.Each crew member must carry a Garmin GPS(track setting should collect least often),or a smart phone with an application capable of recording GPX format tracks. Submitting GPS tracks without actually conducting a treatment shall be grounds for default. The Contractor will save project tracks for each project and (if requested) email them to the Site Manager or the Project Manager.Retreatment tracks must be emailed to the Site and Project Managers. 7.The Contractor will be allowed to subcontract with a preapproved Subcontractor after prior written or electronic mail approval of the Project Manager. 8. Failure to comply with decontamination protocols constitutes reason for contract cancellation and dismissal of the Contractor. 9.The Contractor shall properly dispose of all herbicide and adjuvant containers. 10. The Contractor shall be responsible for the effective treatment of 100% of target vegetation identified in the project Scope of Work, which results in a minimum of 95% of plants killed. A dead plant does not resprout from an original root/rhizome system.All parts of the plant must be dead,not simply defoliated. If 100%of the area is not treated and/or a 95%kill rate is not achieved for any area of the project after one to six months post-treatment,one additional thorough treatment will be the responsibility of the Contractor at no cost to the Commission or contracting entities. The Commission's decision as to the overall effectiveness of the treatment is final.All non-compliance must be resolved within two months of notification,unless otherwise directed or approved by the Commission. If non-compliance is not resolved within two months,the Contractor shall be responsible for treating any and all growth of plants within the non-compliance area. Inspections and non-compliance notifications may occur during or after treatment. Non-compliance re-treatment tracks must be turned into the Project and Site Managers. 2787 The Three Points Rule To ensure that the selected Contractor provides the best service to public conservation land managers,the Commission has instituted a "Three Points Rule." Failure to fulfill the responsibilities below shall subject the Contractor to an assessment of points as set forth in this RFP and FWC RFP 13/14-94.An accrual of three points shall cause the Contractor to be ineligible to participate on any quote or project under any Commission Upland Invasive Plant Control Services contract for one calendar year after accrual of the third point.If the infraction is caused by the Contractors'subcontractor, points will be accessed against both parties. If the Contractor has responsibilities for treatment or re-treatments remaining at the time they are pointed out, failure to fulfill those requirements would be grounds for termination rather than suspension unless otherwise stated by the Commission. Each point assessed will affect a contractor's eligibility for three years from the date it was assessed. Upon completion of one year of ineligibility, the Contractor's points reset to zero.Use of the"three points rule"does not preclude the Commission from exercising its rights to terminate for default or convenience. THREE POINT DEFAULT TABLE INFRACTION POINTS 1 Failure to notify the Site Manager within 7 days upon issuance of Purchase Order or 7 days 0.5 prior to initiating work(unless authorized by Project Manager). Failure to enter and update start/end dates in TIERS. 2 Absence of the assigned crew supervisor holding valid FDACS pesticide applicator license 1.0 in the Natural Areas Weed Management certification. 3 Failure to complete the task specifications by completion date. 1.5 4 Failure to treat 100%of target vegetation and/or conduct retreatment to achieve 95% 2.0 ,control level when directed by Site Manager or FWC Project Manager. 5 Repeatedly submitting incorrect or incomplete progress reports,GPS tracks,or invoices. 0.5 6 Failure to obtain written approval to subcontract from FWC Contract Manager. 1.0 Subcontractors shall be evaluated prior to approval. 7 Unacceptable non-target damage. 1.0 9 Herbicide contamination/spill. 1.0 10 Failure to maintain communication with Site Manager on progress/problems and work 1.0 linitiation or completion. RESPONSIBILITIES OF THE SITE MANAGER 1. The Site Manager shall attend the ''pre L meeting" for their pro1ecL(s) Lo ensure that Contractors have sufficient information about the project area,targeted species,and site conditions in order to provide a reliable quote for the work Lobeconducted. To assist the Site Manager in preparing for a pre-quote meeting on their property, FVVC has created the "Site Manager Checklist." 2. The Site Manager sbnU be responsible for informing the awarded Contractor about timing of the Lrentuends), conflicting scheduled events, and current site conditions that may affect completion of the contracted work. The Contractor is not responsible for any changes to the work specifications that have not been approved by FWC. 3. Prior to the commencement of an invasive plant removal project, the Site Manager sbnU address the necessity for n decontamination plan. If the Site Manager requires a plan, it shall be the responsibility of the Site Manager to inspect all equipment prior to work commencing on the first day at the project site,on any occasion that the equipment leaves the project site,and any time during the course of the control operation. 4. The Site Manager shall monitor the activities of the Contractor and thus reserves the right to inspect, at any time,the Contractor's procedure, spray systems, spray solutions, and other ancillary equipment, and to approve or disapprove operating personnel. However, inspection, or n lack thereof, sbnU not relieve the Contractor of any obligations or responsibilities nor shall it transfer any liability to the land listed as"Project Location"in the Scope of Work or to FWC. S. Before signing the Weekly Progress Report(s), the Site Manager shall verify that the content of the WPR(s) and GPS tracks reflect control operations observed in the field and described in the approved Scope of Work. 2788 Exhibit Exhibit 1 u 2016 6.00 5,12 IPM BP,AP, Thespesia Initial ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 2017 150.00 2,4,5,10,12,14,15,17 IPM BP,AP, Thespesia Maintenance 2017 5.50 2,4,5,1012,1415,17 IPM BP, AP, Thespesia Initial ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 2018 4.00 8,9,10,12 IPM BP,AP,Thespesia Initial 2018 150.00 Upper Keys IPM All Cat 1 & 2 Maintenance ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 2019 200.00 Lower Keys IPM All Cat 1 & 2 Maintenance 2019 240.00 1,2,4,5,6,7,8,9,10,12 IPM All Cat 1 & 2 Maintenance 2020 400.00 All IPM All Cat 1 & 2 Maintenance .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 2021 260.00 All IPM All Cat 1 & 2 Maintenance 2019 7.70 4,5,6,9,10,11,12 IPM BP, AP, Thespesia Initial .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 2020 400.00 All IPM All Cat 1 & 2 Maintenance 2021 250.00 Upper & Lower Keys IPM All Cat 1 & 2 Maintenance .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 2006 250.00 All IPM BP, AP, Thespesia, etc Maintenance 2007 10.00 2,5,12 ipm BP, AP, Thespesia, etc Initial 2007 500.00 All IPM All Cat 1 & 2 Maintenance ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 2008 16.00 2,4,5,12,16 IPM BP, AP, Thespesia Initial 2008 500.00 All IPM All Cat 1 & 2 Maintenance ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 2009 13.00 2,5,12,14,16 IPM BP,AP, Thespesia, etc Initial 2010 11.00 2,5,12 IPM BP, AP, Thespesia Initial ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 2010 500.00 All IPM All Cat 1 & 2 Maintenance 2011 7.00 5,12 IPM BP, AP, Thespesia Initial ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 2011 500.00 All IPM All Cat 1 & 2 Maintenance 2012 5.00 2,5,12,16 IPM BP,AP,Thespesia Initial 2012 500.00 All IPM All Cat 1 & 2 Maintenance .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 2013 500.00 All IPM All Cat 1 & 2 Maintenance 2014 500.00 All IPM All Cat 1 & 2 Maintenance .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 2014 5.20 2,12 IPM BP, AP, Thespesia Initial 2015 200.00 All except 1,9,11,13,17 IPM All Cat 1 & 2 Maintenance .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 2015 5.00 2,10,12 IPM BP,AP,Thespesia Initial 2016 150.00 2,10,12,16,17 IPM All Cat 1 & 2 Maintenance 2022. . ................2.5.0...0.0........................................3....4....5.,7..... .O..11.,1.2..... .7.,1.8................................................LP.�.......................................................................A.11 Cat ..... .....&....2..............................................................................Maintenance ........................ 2023 10.00 2,4,6,8,11,12 IPM BP,AP,Thespesia Initial U in i t I[D e s rl p d O n COVER CLASS I RANGE(%) : 1) <1% 2)1-50/o 3)6-25% 4)26-50% 5)51-750/o 6)76-95% 7)95-1000/o Project is maintenance of previously treated / maintained 2 6 8 12 13 14 15 16 18 20 462.00 Herbicide Maintenance sites, so exotic coverage, on average, will be no more than 5% for the selected parcels; newly acquired parcels to be treated may have exotics cover class 3 (6-25% coverage) Total Treatment Acres: 462.00 Addendun'-i 2790 Exhibit 1 Specifications S..F I I[D II AID Work Spedficadons Contractor shall begin treatment where directed by the Site Manager and shall proceed in a systematic manner across contiguous areas to ensure 100% of target vegetation is treated. Contractor will treat each target species by the most effective method, such as basal bark or cut stump for trees and shrubs, and foliar for ferns, vines, and grasses. Small seedlings/saplings may be hand-pulled and bagged, or hung on branches of surrounding trees. Pulled seedlings/saplings should never be left on the ground. Climbing ferns and vines over six feet tall should be treated by the 'poodle-cut" method. When girdling trees that are to be left standing, unless directed otherwise in writing, the girdling cuts may not be done in such a manner that structurally weakens the tree. Contractor shall follow all label directions for applied herbicides. The label is the law. All herbicide mixes should contain the adjuvant(s) necessary to ensure an effective treatment. A marker dye should be included in all tank mixes. Contractor shall be liable for unacceptable non-target damage to native plant species. Disposal of plant material will be in accordance with the SOW, which may include offsite dumping and tipping fees. Contractor shall supply all transportation, chemicals, labor, and equipment necessary to accomplish the work assigned, unless otherwise stated in the SOW (e.g., chemicals may be provided to Contractor). Contractor shall fully complete a Weekly Progress Report (WPR) for all time worked on site and shall submit the WPR to the Site Manager (or designee) via TIERS. GPS tracks of each treatment area shall be recorded by Contractor and provided to the Site Manager and the Commission weekly. Contractor will be responsible for security of work areas, such as closing and locking gates during and after work hours. Contractor shall decontaminate all equipment before entering or leaving the project area to ensure that no propagules or reproductive materials are transported between treatment sites or managed areas. If the project specifications include 2 treatments of grasses, the second treatment may not be conducted until the expected regrowth is at least 1.5 feet high, or in shorter-length grass species, until the expected regrowth is at least 60% of the total expected leaf blade length. I::::.::q it rneIInt Collnsderadon County to hire contractor; equipment considerations and decontamination protocols will be included in the County's contract with the selected contractor. t h e r. IIR.e q ne,u it re ran e 11 n t s and II:::"ro v its it o n s County to hire contractor in accordance with the County's purchasing procedures. The contracted crew will perform the work using hand tools only. Priorities for work include: maintaining previously treated sites; conducting sweeps of large areas; and the removal of exotics from recently acquired properties. The County's contractor(s) will complete as many of the listed units as possible within the contracted dollar amount. Therefore, not all sites listed in this proposal may be completed. All work under this project will end by June 1, 2024. F I1h r"e te n e d, etc, S e it e White-crowned pigeon, Key deer, Lower Keys marsh rabbit, Bartram's hairstreak butterfly, manchineel, cupania, skyblue clustervine. These areas will not be marked at the time of treatment. r.oj�,:.�ct ... II ICn e Frarne Timing of the Treatment: No Preference 2 treatments/cogon grass only ("Yes r•No Does treatment date matter? ir,Yes ir; No Can treatment occur on weekends? (Required) ("Yes r•No 2791 Exhibit 1 Can treatment occur outside of normal business hours? (Required) r,Yes r-°No 2792 Exhibit 1 Uploaded d o c u it e n t s for t h e II:::I ro p o s II ry 1114� 1114� m 1114 m General Location.jpg Project locapiap/proximity General location map ...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Prebid location map.pdf Pre-bid location map Natural communties 23-24.pdf Treatment area map Natural Communities Project location maps 2023-24 Monroe County.pdf Treatment area map Treatment Area Maps 2793 Exhibit 1 General Location.jpg Project location/proximity map I P MONROE COUNTY MAINTENANCE THE T E T PROJECT 2 23-2 �24 GENERAL LOCATION MAP L� �1 ,GULF OF MEXICO Y SST l ATLANTI',C OC E A 2794 PRE-BID LOCATION FOR MONROE COUNTY MAINTENANCE PROJECT 2023-2024 N/A—County to hire contractor 2795 MONROE COUNTY MAINTENANCE PROJECT 2023-2024 Natural Communities: The majority of the County's conservation lands to be treated as part of the current project are located within one of the units listed below. Note, not all parcels within each unit will be treated: UNIT KEY Approx# of NATURAL COMMUNITY* Acres to be Treated 2 Upper Sugarloaf 29.5 Buttonwood/Saltmarsh;hardwood (Indian Mounds hammock;freshwater wetlands Estates) 6 Ramrod 30 Buttonwood/Saltmarsh;hardwood (Ramrod Shores) hammock 8 Big Pine 20 Hardwood hammock; Southwest buttonwood/saltmarsh (Cahill Pines) 12 Big Pine 70.75 Hardwood hammock;Buttonwood/ (Sands) saltmarsh 12 Big Pine 11 Beach berm (Long Beach) 12A Scout,Little Duck,& 90 Hardwood hammock;Buttonwood/ Missouri Keys saltmarsh;mangrove wetlands 13 Duck 19 Freshwater wetlands;Hardwood (Center Island) hammock 13B Crawl Key 52 Hardwood hammock;Buttonwood/ Saltmarsh 14 Tavernier 36 Hardwood hammock;buttonwood (Palma Sola) wetlands 15 Key Largo 26 Hardwood hammock (Bay Haven) 16 Key Largo 43 Hardwood hammock;freshwater (Thom sons) wetlands 18 Key Largo 26.25 Hardwood hammock;buttonwood/ (Pamela Villa) saltmarsh 20 Key Largo 8.5 Hardwood hammock (Largo City) Total 462 *All units also contain "disturbed" communities 2796 MONROE COUNTY 2023-2024 INVASIVE PLANT REMOVAL MAINTENANCE PROJECT Project Location Maps -Subject parcels shown in blue hatching NI MONROE COUNTY MAINTENANCE TREATMENT PROJECT 2023-2024 UNIT 2- Upper Sugarloaf Key f "O / m, y l �iyu5�bi�1 k 1., y elf 4 a � s /� Blue hatchimg indicates parcels included ur �Il Fxed hatching and sates publicly owned conservatirn land 1lfl� �� I ' „I ;, /Of%I%lU1 F,�.�,� ,./.« �1';S`-.t;a-!��?,,t��%//�(�/iiP�� ',� �a..�.,'%///ii/�l�/��✓��i//% ,,,,,,� iii../ I/�. nW, s; MONROE COUNTY MAINTENANCE TREATMENT PROJECT 2023-2024 '' UNIT 6-Ramrod Key ' ,r / y i iM Blue hatching indicates parcels nlcluded in this project R.ed hetchuag indicates puhhcly owned conservation land Page 1 of 7 2797 MONROE COUNTY MAINTENANCE TREATMENT PROJECT 2023-2024 � UNIT 8- Big Pine Key Southwest Region N rw - FM �r a r r r• w , 4 gyp, k a W i v rN per,❑❑❑f Blue hatching indicates parcels included in thisn- Redhatching.indicates publdv owned conservation land / l MONROE COUNTY MAINTENANCE .o lil,;,,,, / TREATMENT PROJECT 2023 i ro UNIT 12 Long Beach Big Pine Key. n w 'y r / Blue hatchin indicates arcels included in this roe ct: �i� ��/ � Red hatchingmdicates puhliclyowned conservation land Page 2 of 7 2798 MONROE COUNTY MAINTENANCE TREATMENT PROJECT 2023-2024 UNIT 12- Sands Subdivision, Big,Pine Key s i, I � � ° Y q f "� it 7 Pis i Blue hatching indicates parcels include€I in this protect; Red hatching indicates publicly owned con.Itlicn land , MONROE COUNTY MAINTENANCE TREATMENT PROJECT 2023-2024 UNIT 12A-Scout Key i v , aor �o Blue hatchingg indicatespparcel�included in this projeut. �� t, Red hatchin and sates uhlicl owned conry�s��erva�t'�yiy�o�Ini�land Page 3 of 7 2799 MONROE COUNTY MAINTENANCE TREATMENT PROJECT 2023-2024 UNIT 12A-Missouri & Liktle Duck Keys � I r /�`( v �,9k✓�" N�^�/ /�/ I it �l �� "0/�� l� Blue hatching indicates parcels mclud e€I in this pro�ect. ��/�jl ,� Reel belching indicalea pubGclyowned consery alion land MONROE COUNTY MAINTENANCE TREATMENT PROJECT 2023-2024 ..UNIT 13-Du ck Key , a / ail 'l � � �% � ��,l�l utiiilllllllll ��uu�V ulll��l 11 9 /� r li l��/��r /�1`" /� � ,�f '��°I� �I��u�uuuVu'uuVuuuuuuuuuuuuuuuuuuuuuuuuuuuuu'uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu'u'u'u' ��:,�///%/�� , ' �'�f/�� I"� � , � `�%II uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuiiu r% l�f((�'✓� � r� � 1, / fig dj r s r l 9n, 11 l�� . � Blue hatching indicates parcels mcluded in this projeut; Red hatching and sates publicly owned con servation lane) Page 4 of 7 2800 FAO li. 1 l MONROE COUNTY MAINTENANCE TREATMENT PROJECT 2023-2024 UNIT 13B-Crawl Key l� r r � r 6 �r/ dll Blue hatching indicates parcels included in this protect; �� Red hatching indicates publicly owned copse ry afion land�� MONROE COUNTY MAINTENANCE TREATMENT PROJECT 2023-2024 UNIT 14-Tavernier a Y�ra n; Blue hatching indicates parcels included in this project; ,w Red hatching indicates publicly owned con servation land Page 5 of 7 2801 MC)NRflE ,OUNTY MAINTENANCE TREATMENT PROJECT 2023-2024 UNIT 15-Bay Haven, Key Largo 1 J d V w t I� i f.. f Blue hatchings indicates parcels included in this project; Red hatching indicates publicly owned copse rv.1 on land s0�l MCNRC7E COUNTY MAINTENANCE TREATMENT PROJECT 2023-2024 UNIT 16-Thormpsons Sub, Key Largo PS 0 hatching indicates parcelslncluded inthisprolect. Red hatching indicates publicly owned conservation land Ir #" Page 6 of 7 2802 ° !f :i f/ i i` i ul�� ,,,,1r„ ,i// „rir2?%✓ LargoMONROE UNTY MAINTENANCE TREATMENT UNIT 18 Pamela Villa, Key PAR i r ; � W '' p NOUN&' Yllb If rdlMl w�u*MNAA WMN .. A7 �d 4 up SW son MW m mom W ."k 111lII' w�� rnA �� aa+��e,rrvr wit AA ;�sca i/r; !'klkl��tA®III Sri r��, Mf�C� �;1I1, �r y; -rE COUNTY MAINTENANCETREATMENT PROJECT i 1 ' UNIT i LargoLargo —77 /i/ � ✓ aW ��IMI air � �i ////�/�/ �' ,,r�^✓�"""""°"��,� t�N� �NA� �+k ��1/+�%/gyp. / r ,SN WIUYNdl�' kXl" MAINWA LW l / /1 1% i Exhibit 2 TASK ASSIGNMENT INVOICE REPORTING FORM FWC CONTRACT NO.13101 Task Assignment Number:FK-182 Invoice#: This form must be submitted with final invoice.All data fields are required. For each Public Conservation Land(PCL)enter the Individual PCL Treatment Cost using FWC dollars only.For each target species controlled:enter the name(common or scientific),the cover class for Maintenance and/or Initial acres(per below),the chemical type of the herbicide used,the%rate of herbicide applied,and the total quantity of herbicide(not mix)applied.Enter the total number of unit/PCL acres traversed once for initial(site never treated)or maintenance(any prior treatment)treatments(a single unit cannot be both). COVER CLASS(RANGE(%) I 01<1%1 111-5% 215-25%1 3125-50% 1 4150-75% 1 5175-95% 1 6195-100% First PCL Name: Individual PCL Treatment Cost(using FWC funds):S Maintenance Plant Controlled Initial Acres Initial Cover Acres Maintenance Herbicide Rate% Gallons Traversed Class Cover Class Applied Traversed Second PCL Name: Individual PCL Treatment Cost(using FWC funds):S Maintenance Plant Controlled Initial Acres Initial Cover Acres Maintenance Herbicide Rate% Gallons Traversed Class Cover Class Applied Traversed Third PCL Name: Individual PCL Treatment Cost(using FWC funds):S Initial Acres Initial Cover MaintenanceMaintenance Gallons Plant Controlled Traversed Class Acres Cover Class Herbicide Rate% Applied Traversed 2804 FWC Contract No. 13101;Task Assignment FK-182. Page t/t LO co CN .9 Kevin Madok, cpA ty Clerk of the Circuit Court&Comptroller Monroe Coun , Florida DATE: December 7, 2022 ,to: Christine Hurley, Executive Director Monroc Count-v Land Y-Vitliont-V Betli Bergli Land Acquisition&Management FROM: LIZ Yongue, Deputy Clerk SUBJECT: November 15di BOCC Meeting Enclosed is the f6floNIVIng item,wl-ticli leas been executed and added to the record: 15 Agreement Exritli A+ Environmental Rcstoration, LLC, iii the amount of$120,000 (FWC funding$tOO,000 and$20,000 local match). for the removal of invasive exotic plants from Monroe County conservation lands. Sliould you liave any questions please feel free to contact nie 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 MONROE COUNTY CONTRACT FOR PROFESSIONAL SERVICES PROFESSIONAL SERVICES FOR THE REMOVALF INVASIVE EXOTIC PLANT SPECIES FROM MONROE COUNTY CONSERVATION LANDS—MAINTENANCE TREATMENT THIS CONTRACT is made and entered into this 1th day of November ,by MO OE COUNTY ("COUNTY"),a political subdivision of the State of Florida,whose address is the Marathon Government Center, 2798 Overseas Highway,Marathon,Florida, 33050, and A+ENVIRONMENTAL RESTORATION,LLC("CONTRACTOR"),whose address is 4346 SW Hull Ave, Arcadia,Florida, 34269. Section 1. SCOPE OF SERVICES The CONTRACTOR shall do,perform, and carry out in a professional and proper manner certain duties as described in the Scope of Services—Exhibit A—which is attached hereto and made a part of this agreement. Section 2. COUNTY'S S SI ILITIS 2.1 Provide all best available data and base maps as to the COUNTY'S requirements for Work Assignments. Designate in writing a person("Project Manager")with authority to act on the COUNTY'S behalf on all matters concerning the Work Assignment. 2.2 Furnish to the CONTRACTOR all existing plans, studies,reports, and other available data pertinent to the work,and obtain or provide additional reports and data as required by the CONTRACTOR. The CONTRACTOR shall be entitled to use and rely upon such information and services provided by the COUNTY or others in performing the CONTRACTOR'S services. 2.3 Arrange for access to and make all provisions for the CONTRACTOR to enter upon public and private property as reasonably required,and legally allowed, for the CONTRACTOR to perform services hereunder. Any obstruction to such access by private property owners shall not constitute a basis for waiver of any other required entries on to public and private property,nor shall it provide a basis for termination of the contract. In the event that such access is so obstructed, CONTRACTOR and COUNTY shall work together to resolve the difficulty in a timely manner. 2.4 Perform such other functions as are indicated in Exhibit A. 2.5 Provide a schedule that is mutually agreeable to the COUNTY and CONTRACTOR. Section 3. TIME I The services to be rendered by the CONTRACTOR shall be commenced upon written notice from the COUNTY and the work shall be completed in accordance with the schedule mutually agreed to by the COUNTY and CONTRACTOR,unless it shall be modified in a signed document,by the mutual consent of the COUNTY and CONTRACTOR. Subsequent services shall be performed in accordance with schedules of performance which shall be mutually agreed to by COUNTY and CONTRACTOR. N 0 0 rn I- C) 00 CN Section 4. COMPENSATION 4.1 The maximum compensation available to the CONTRACTOR under this agreement is $120,000.00. The COUNTY agrees to pay the CONTRACTOR based on completion of work within the Scope of Service according to progress reports and other documentation to show the hours expended by each of the CONTRACTOR'S on-site staff. There will be a 5%retainage by COUNTY until the kill rate requirements established in the Scope of Services are satisfied. Because the work must be completed by May 19,2023, compensation shall be only for the amount of work completed,regardless of the cause of any delay. 4.2 The hourly billing rates of the CONTRACTOR for on-site personnel, expected to include all costs including administrative costs,travel and equipment,used in calculating the compensation due are: osition _Hourly Rate(in Dollars) Certified Crew Su ervisor ... $152.00 Trained Crew Member $108.00 Section 5® PAYMENT TO CONTRACTOR 5.1 Payment will be made according to the Local Government Prompt Payment Act. Any request for payment must be in a form satisfactory with supporting documentation acceptable to the County Clerk(Clerk). Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. The request must describe in detail the services performed and the payment amount requested. The CONTRACTOR must submit to the COUNTY Prqject Manager,who will review the request. The Prqject Manager shall note his/her approval on the request and forward it to the Clerk for payment. If request for payment is not approved, the Project Manager must inform the CONTRACTOR in writing that must include an explanation of the deficiency that caused the disapproval of the request. 5.2 CONTRACTOR shall submit invoices with progress report of activities on a weekly or otherwise regular basis until the work under this agreement is completed. 5.3 Monroe County's performance and obligations to pay under this contract is contingent upon annual appropriation by Monroe County. Section 6. CONTRACT TERMINATION A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONTRACTOR. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party thirty(30)days written notice of its intention to do so. C. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with five (5) calendar days' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination,unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONTRACTOR shall not in any event exceed $140,000.00. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon 30 days' notice to CONTRACTOR. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONTRACTOR shall not exceed$120,000.00 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. Section 7. AUTHORIZATION OF WORK ASSIGNMENTS 7.1 All work assignments beyond or in addition to EXHIBIT "A" shall be authorized in a signed document (Work Order) in accordance with the COUNTY's policy prior to any work being conducted by the CONTRACTOR. 00 CD 00 0) C) 00 04 7.2 Additional authorizations may contain additional instructions or provisions specific to the authorized work for the purpose of clarifying certain aspects of this Agreement pertinent to the work to be undertaken. Such supplemental instruction or provisions shall not be construed as a modification of this Agreement.Authorizations shall be dated and serially numbered. 7.3 The CONTRACTOR shall not assign, sublet or transfer any rights under or interest in (including, but not without limitations, moneys that may become due or moneys that are due) this agreement or subsequent Work Assignment without the written consent of the COUNTY,except to the extent that any assignment, subletting,or transfer ismandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to any assignment, no assignment will release or discharge the assignor from any duty or responsibility under this agreement. Section 8. NOTICES All notices,requests and authorizations provided for herein shall be in a signed document and shall be hand delivered,or mailed,certified/registered/return receipt requested,or sent by courier service with a signed receipt,to the addresses as follows: To the COUNTY: Beth Bergh, Land Steward Monroe County Planning &Environmental Resources 2798 Overseas Highway, Suite 410 Marathon, Florida 33050 Roman Gastesi, County Administrator 1100 Simonton Street, Suite 205 Key West,Florida 33040 To the Monroe County Land Authority: Christine Hurley,Executive Director 1200 Truman Ave,Suite 207 Key West,Florida 33040 To the CONTRACTOR.- Jordan Deriso,President A+Environmental Restoration, LLC 4346 SW Hull Avenue Arcadia,FL 34269 or addressed to either party at such other addresses as such party shall hereinafter furnish to the other party in writing. Each such notice, request, or authorization shall be deemed to have been duly given when so delivered,or, if mailed,when deposited in the mails,registered,postage paid. Section 9. RECORDS AND RIGHT TO AUDIT CONTRACTOR shall maintain all books,records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each 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 five(5)years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that moneys paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the moneys together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to CONTRACTOR. Right to it Availability qfRecords. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders,bid recaps, bidding instructions,bidders list, etc); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by County or the Monroe County Office of the Clerk of Court and Comptroller(hereinafter referred to as "County Clerk")to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in County's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document(all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by County's representative and/or agents or the County Clerk. County or County Clerk may also conduct verifications such as,but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through inter-views and written confirmations with employees, Subcontractors, suppliers, and contractors representatives. All records shall be kept for ten (10)years after Final Completion of the Project. The County Clerk possesses the independent authority to conduct an audit of Records, assets,and activities relating to this Project. If any auditor employed by the Monroe County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement,the Contractor shall repay the monies together with interest calculated pursuant to Section 55.03, F.S., running form the date the monies were paid to Contractor. The right to audit provisions survives the termination of expiration of this Agreement. Section 10. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS.010 AND 020-1990 The CONTRACTOR warrants that it has not employed, retained or otherwise had act on its behalf any former or current County officer or employee subject to the prohibition of Sections 2 and 3 of Ordinance No. 010-1990 as amended by Ordinance No. 020-1990. For breach or violation of this provision the COUNTY may, in its discretion, terminate this agreement without liability and may also,In its discretion, deduct from the agreement or purchase price,or otherwise recover the full amount of any fee,commission, percentage,gift,or consideration paid to the former County officer or employee. 00 -L 0 00 C14 Section 11. CONVICTED VENDOR By signing this agreement,CONTRACTOR represents that the execution of this Agreement will not violate the Public Entities Crime Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from County's competitive procurement activities. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under contract with any public entity,and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes,for the Category two for a period of 36 months from the date of being placed on the convicted vendor list. Section 12. GOVERNING LAW,VENUE,INTERPRETATION,COSTS AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County,Florida. Section 13. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby, and each 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. Section 14. AT EY'S FEES AND COSTS The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees,court costs, investigative,and out-of-pocket \expenses, as an award against the non-prevailing party, and shalt include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. This Agreement is not subject to arbitration. Section 15. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. Section 16. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Section 17. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. Section 18. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution,performance,or breach of this Agreement,COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. Section 19. NONDISCRIMINATION CONTRACTOR and COUNTY agree that there will be no discrimination against any person,and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONTRACTOR and COUNTY agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1)Title VII of the Civil Rights Act of 1964(PL 88-352)which prohibits discrimination in employment on the basis of race,color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4)The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107)which prohibits discrimination on the basis of age; 5)The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended,relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and 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 11, 00 oo CN which prohibits discrimination on the basis of race,color, sex,religion,disability,national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties hereto, or the subject matter of,this Agreement. Section 20. REQUIREMENT TO USE E-VERIFY In accordance with F.S. 448.095, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the to of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of F.S. 445.095 CONTRACTOR agrees to: (1)utilize the US Department of Homeland Security's E-verify system to verify the employment eligibility of all new employees hired by CONTRACTOR during the to of this Contract-, and, (2) include in all subcontracts under this Contract, the requirement that subcontractors performing work or providing services pursuant to this Contract utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the term.of the subcontract. The Department of Homeland Security's E-Verify system can be found on-line at wA vw.uscis.gov/e-verify. The CONTRACTOR agrees to enroll in the E-Verify system prior to hiring any new employee after the effective date of this Contract. CONTRACTOR further agrees to maintain records of its participation and compliance with the provisions of the E-Verify program, including participation by its subcontractors as provided above,and to make such records available to the COUNTY. This includes maintaining a copy of proof of CONTRACTOR's and subcontractor's enrollment in the program. Compliance with the terms of this provision is made an express condition of this Contract and the COUNTY may treat a failure to comply as a material breach of the Contract. Section 21. COVENANT OF NO INTEREST COUNTY and CONTRACTOR covenant that neither presently has any interest, and shall not acquire any interest,which would conflict in any manner or degree with its performance under this Agreement. and that only interest of each is to perform and receive benefits as recited in this Agreement. Section 22. CODE OF ETHICS The parties understand that officers and employees of the COUNTY are required to comply with the standards of conduct for public officers and employees as delineated in Section 112.3 13,Florida Statutes, and the Monroe County Personnel Policies&Procedures Manual,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. Section 23. NO SOLICITATION/PAYMENT The COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company.corporation,individual,or 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. Section 24. PUBLIC ACCESS The COUNTY and CONTRACTOR shall allow and permit reasonable access to,and inspection of, all documents,papers, letters or other materials in its possession or under its control sub�iect to the provisions of Chapter 119,Florida Statutes, and made or received by the COUNTY and CONTRACTOR in coRiunction with this Agreement;and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR. Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records,papers, letters or other"public record"materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and 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 F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (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 contract term and following completion of the contract if the contractor does not transfer the records to the County. 00 oo CN (4) Upon completion oft e 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 1 19.10, 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 APPLICATION OF CHAP CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRA BLIC RECO -292-3470 BRADLEY- BR1ANkM0NR0EC0UNTY-FL.G0V1 MONROE COUNTY ATTORNEY'S OFFICE 111112 TH Street, SUITE 408,KEY WEST,FL 33040. Section 25. NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28,Florida Statutes,the participation of the COUNTY and the CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage,or local government liability insurance of coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. Section 26. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents,or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers,agents,volunteers, or employees outside the territorial limits of the COUNTY. Section 27. LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as,relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY,except to the extent permitted by the Florida constitution,state statute, and case law. Section 28. NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms,or any of them,of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent,officer,or employee of either shall have the authority to inform, counsel,or otherwise indicate that any particular individual or group of individuals,entity or entities. have entitlements or benefits under this Agreement separate and apart, inferior to,or superior to the community in general or for the purposes contemplated in this Agreement. Section 29. ATTESTATIONS CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, including, but not being limited to,a Public Entity Crime Statement,an Ethics Statement, and a Drug-Free Workplace Statement, Lobbying and Conflict of Interest Clause,and Non-Collusion Agreement. Section 30. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. Section 31. 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. 00 ti oo CN Section 32. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. Section 33. INSURANCE POLICIES 33.1 General Insurance Requirements for Contractors and Subcontractors As a pre-requisite of the work governed,or the goods supplied under this contract(including the pre-staging of personnel and material),the CONTRACTOR shall obtain,at his/her own expense,insurance as specified in any attached schedules,which are made part of this contract. The CONTRACTOR will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the CONTRACTOR. As an alternative, the CONTRACTOR may require all Subcontractors to obtain insurance consistent with the attached schedules. The CONTRACTOR will not be permitted to commence work governed by this contract (including pre- staging of personnel and material)until satisfactory evidence of the required insurance has been furnished to the COUNTY as specified below. Delays in the commencement of work,resulting from the failure of the CONTRACTOR to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and fail to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the COOT RACTOR's failure to provide satisfactory evidence. The CONTRACTOR shall maintain the required insurance throughout the entire to of this contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the CONTRACTOR to maintain the requird insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended,except for the CON TRACT®R's failure to maintain the required insurance. The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required insurance, either: • Certificate of Insurance; or • A Certified copy of the actual insurance policy. The County, at its sole option,has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation,non-renewal,material change,or reduction in coverage unless a minimum of thirty(30)days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners and the Monroe County Comprehensive Plan Land Authority, and their employees and officials,will be included as "Additional Insured" on all policies, except for Workers' Compensation. 33.2 INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN COUNTY AND CONTRACTOR Prior to the commencement of work governed by this contract, the CONTRACTOR shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Products and Completed Operations • Bodily Injury Liability • Expanded Definition of Property Damage The minimum limits acceptable shall be: $300,000 Combined Single Limit(CSL) An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy,its provisions should include coverage for claims filed on or after the effective date of this contract. In addition,the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners and the Monroe County Comprehensive Plan Land Authority shall be named as Additional Insured on all policies issued to satisfy the above requirements. 33.3 VEHICLE LIABILITY INSURANCE REQUIREMENTS Recognizing that the work governed by this contract requires the use of vehicles,the CONTRACTOR,prior to the commencement of work-, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned,Non-Owned,and Hired Vehicles The minimum limits acceptable shall be: $300,000 Combined Single Limit(CSL) If split limits are provided,the minimum limits acceptable shall be: $200,000 per Person $300,000 per Occurrence $200,000 Property Damage The Monroe County Board of County Commissioners and the Monroe County Comprehensive Plan Land Authority shall be named as Additional Insured on all policies issued to satisfy the above requirements. 33.4 WORKERS' COMPENSATION INSURANCE REQUIREMENTS Prior to commencement of work governed by this contract, the CONTRACTOR shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. 00 _L 00 oo C14 In addition,the CONTRACTOR shall obtain Employers' Liability Insurance with limits of not less than- $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease,.policy limits $100,000 Bodily Injury by Disease,each employee Coverage shall be maintained throughout the entire to of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the CONTRACTOR has been approved by the Florida's Department of Labor as an authorized self- insurer,the COUNTY shall recognize and honor the COIN TRACTOIt's status. The CONTRACTOR may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance,providing details on the CONTRACTOR's Excess Insurance Program. If the CONTRACTOR participates in a self-insurance fund,a Certificate of Insurance will be required. In addition, the CONTRACTOR may be required to submit updated financial statements from the fund upon request from the County. Section 34. INDEMNIFICATION Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the Contractor covenants and agrees that he shall defend, indemnify and hold the COUNTY and the CO JILT TY's elected and appointed officers and employees harmless from and against(i)any claims,actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees,agents,contractors in any tier or other invitees during the to of this Agreement,(B) the negligence or willful misconduct of Contractor or any of its employees, agents, contractors in any tier or other invitces,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 negligent acts in part or omissions of the COUNTY or any of its employees,agents,contractors or invitees(other than CONTRACTOR). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the to of this Agreement,this section will survive the expiration of the to of this Agreement or any earlier termination of this Agreement. In the event the completion of the project(including the work of others)is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance,the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. ne extent of liability is in no way limited to,reduced,or lessened by the insurance requirements contained elsewhere within this agreement. Section 35. INDEPENDENT CONTRACTOR At all times and for all purposes hereunder, the CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners. No statement contained in this agreement shall be construed so as to find the CONTRACTOR or any of his/her employees, contractors, servants or agents to be employees of the Board of County Commissioners for Monroe County. As an independent contractor the CONTRACTOR shall provide independent,professional judgment and comply with all federal, state, and local statutes,ordinances, rules and regulations applicable to the services to be provided. The CONTRACTOR shall be responsible for the completeness and accuracy of its work,plan, supporting data.and other documents prepared or compiled under its obligation for this project, and shall correct at its own expense all significant errors or omissions therein which may be disclosed. The cost of the work necessary to correct those errors attributable to the CONTRACTOR and any damage incurred by the COUNTY as a result of additional costs caused by such errors shall be chargeable to the CONTRACTOR. This provision shall not apply to any maps, official records, contracts,or other data that may be provided by the COUNTY or other public or semi-public agencies. Section 36.DELAY The CONTRACTOR agrees that no charges or claims for damages shall be made by it for any delays or hindrances attributable to the COUNTY during the progress of any portion of the services specified in this contract. If possible, such delays or hindrances, if any, shall be compensated for by the COUNTY by an extension of time for a reasonable period for the CONTRACTOR to complete the work schedule. Such an agreement shall be made between the parties based on funding availability. Section 37.TERMINATION OF WORK AND EXTENSION The work under this Contract is to be completed by May 19,2023 or upon reaching the amount of$120,000. After May 19, 2023 this Contract may be extended by mutual consent upon the same terms for three (3) additional, future funding cycles, whether for a greater or smaller sum, and using a different completion date,contingent upon County's receipt of funds specifically for the purposes set forth herein. Section 38. UNCONTROLLABLE CIRCUMSTANCES 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 Prcject;(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 Conti-actor 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. 00 M 0 N 00 N IN I_ E . WHEREOF,the parties hereto have caused these presents to be executed on the j day o Q____ ,e®rov � Aq BOARD F COUNTY C ISI . E _ EIN MADOK,CLERK NKUb COUNTY,FLORIDA ti y Y �sD Clerk ayo ai Cates NRORCO AlTO Y PR 'P D,A5TO CHRIMNEUMB O S ASSISTANTCOUNTY ATFOILIW DATE: i❑/31/ (C ATE SEAL) ENVIRONMENTAL RESTORATION,LLC ATTEST: . y y Jor *, reside-nt C) w uJ C 3 L[ a t EXHIBIT A SCOPE OF SERVICES REMOVAL OF INVASIVE EXOTIC PLANTS FROM MONROE COUNTY CONSERVATION LANDS—MAINTENANCE TREATMENT PROJECT HISTORY Monroe County currently owns or manages approximately 2,000 acres of conservation lands throughout the Keys. The purpose of the current project is to maintain the County's properties that have been previously treated for invasive plants and to treat small infestations of exotics. Monroe County has received funding from the Florida Fish& Wildlife Conservation Commission, Invasive Plant Management Section, in the amount of$100,000 to fund an invasive exotic plant technician crew to work on County parcels selected by the Monroe County Land Steward. In addition, the County is providing a local match of$20,000,bringing the total funds available for the project to $120,000(not to exceed). Work must be completed by May 19,2023. PROJECT LOCATION Lands in this project area consist of public conservation lands located throughout the Florida Keys either owned or managed by Monroe County. Monroe County owns approximately 2,000 acres of scattered conservation lands throughout the Florida Keys. This project will target a portion of those properties in the areas identified below (the majority of the sites are within the Lower Keys area): Upper Keys: Key Largo-, Tavernier Middle Keys: Crawl Key Lower Keys: Sugarloaf Keys; Cudjoe Key; Surnmerland Key-, Ramrod Key, Torch Keys; Big Pine Key; West Summerland Key Most individual parcels are only 0.1 acres in size,but many are contiguous and combine to form much larger management units. The majority of the sites are located in neighborhoods,adjacent to residences, and easily accessed by roads. Work in neighborhoods will require special considerations for safety,noise, and appearance of the property. Level of infestation varies by site, but since most of these sites have been previously treated, most sites will be less than 10%coverage of invasive exotic vegetation. Location maps of the project area are attached as Exhibit 1. The selected contractor will be given more detailed aerial maps of the work sites, including GIS shapefiles. SCOPE OF WORK Contractor must comply with all provisions of Florida Fish&Wildlife Conservation Commission's Task Assignment FK-177,attached as Exhibit B. Failure to comply with said provisions constitutes reason for contract cancellation and dismissal of the Contractor. The project consists of the eradication of invasive exotic plant species occurring on selected Monroe County conservation lands,utilizing herbicide as necessary. The work will be completed by the contractor's ground crew comprised of up to four(4)invasive plant technicians(including the crew supervisor).No more than one crew(composed of one crew supervisor and up to 3 technicians)may work at any one time. The contractor will manage the project including the scheduling,subcontracting as 00 M CN 00 CN necessary,labor, monitoring and reporting progress.Additionally,the contractor will provide all necessary training,equipment,supervisory and administrative support for the technician crew. All work is to be completed using hand tools(no heavy equipment required). Work must be performed during normal work hours(between 7:00 am and 5:30 pm), Monday through Friday. No work may occur on weekends or on holidays observed by Monroe County. The County will supply location maps of project sites, including GIS shapeffles. The contractor must have GPS equipment and trained field staff to enable accurate field verification of property boundaries and to provide accurate mapping of areas treated. At the end of the project,the contractor will provide the County with GIS shapefile data indicating the total area surveyed. The contractor will work closely with the County Land Steward to identify sites where only boundary or edge treatments are necessary and sites where a thorough inspection/treatment of the entire site is required. The work requires a knowledgeable crew of technicians who can"sweep"County properties and remove only the invasive exotic plant species found on the sites. The technicians must have demonstrated knowledge in identification of Florida Keys species, of native and exotic,including closely related species. The contracted crew's priorities will include: maintaining previously treated exotic removal sites free of exotics; conducting sweeps of large conservation areas,looking for new infestations-, and the removal of small infestations of exotics from recently purchased conservation lands. The contractor shall notify the County Land Steward when it finds infestations of invasive exotics that are either too large for the crew to handle or trees that may be potentially hazardous to remove(i.e.near power lines or neighbors' structures). The contractor shall provide information to the County on the approximate dimensions of the infestation and the location. Target species include: Brazilian pepper(Schinus terebinthifolius),- Australian pine (Casuarina spp);lead tree (Leucaena leucocelihala),seaside mahoe (Thespesia populnea)-,scaevola(Scaevola sericea),- latherleaf(Colubrina asiafica);Brazilian jasmine(Jasminumfluminense),- Guinea grass (Panicum mcrximum);Washington fan palm(Washingtonia robusta); sapodilla(Mavilkara zapota); sea hibiscus (Hibiscus tiflaceus); castor bean(Ricinuy communis);wedelia(Sphagneticold trilobata);oyster plant (Tradescantia spathacea),- air potato(Dioscorea bulbifera); red sandalwood(Adenthera pavonina); woman's tongue (Albizia lebbeck);tropical almond(Terminalia catappa);green fountain grass (Penniserum setaceum);asparagus fern(Asparagus aethiopicus),- chastetree(Vilex trifolia) and night® blooming cactus(Hylocereus undatus). These and all other invasive exotic species listed by Florida Exotic Pest Plant Council(FLEPPQ will be either hand-pulled, cut and treated,or treated in place with appropriate herbicide. Every effort shall be made to avoid damage to native vegetation and impacts to wildlife. The exotic plant species listed above will be treated according to developed effective control techniques. Depending upon the species treated and the type of habitat, plants may be hand-pulled, treated in place, removed from site,or chipped on site. Decisions regarding specific plant treatment methods on each site will be made by the Land Steward. The contractor is responsible for the treatment and/or removal of all exotic plant species listed, including trees, grasses, groundcovers, and vines, in any life stage (including seedlings). Hand removal shall be the preferred method of removal when feasible. When it is not feasible, vegetation may be treated with herbicide and left standing in are where standing dead timber does not pose a threat to human safety or is not offensive to adjacent neighbors. When cutting is required,each cut plant will be cut as low to the ground as possible. Cuts will be made level to the around to minimize 0 herbicide runoff prior to absorption. A machete may not be used to cut trees as it creates ajagged cut; toppers or saws are preferred tools. An appropriate herbicide shall be applied within one(1)minute of stump preparation. Invasive exotic plant species shall be treated with herbicide as follows: Target Species Treatment Method Asiatic colubrina 50% Garton 3A applied to cut surface immediately after cut or (Colithrina asiatica) 20% Garton lied to scum 's eut surface and sides Australian pine 50% Garton 3A applied to cut surface immediately after cut or (Casuarina Wp) 20% Beach naupaka 50% Garton 3A applied to cut surface immediately after cut or 20% Garton 4 qpplied to stem s cut surface and sides Brazilian pepper 50%Garton 3A applied to cut surface immediately after cut or (Schinus terebinthijb1i Ois 20%Garton surface and sides Lead tree 30%Garton 4 applied to stump's cut surface and sides (Leucqenetleucuce hala) . - Seaside mahoe 50% Garton 3A applied to cut surface immediately upon cutting night-blooming cactus Hand pull entire plant and physically remove all material from the (Lylocereus u idatus) site bowstring hemp Cut and remove blade; treat cut base with 10%glyphosate (Sansevieria hvavinthoides) I Technicians shall utilize quart-sized, chemical resistant spray bottles, such as"Spraymaster"bottles(or similar), for herbicide application. The contents must be clearly labeled on the outside of the bottle. A dye shall be used to facilitate identification of treated stems. Herbicides will be applied using a low- pressure spray to minimize drift and non-target damage. Any additional treatment methods or changes to the methods listed above must be pre-approved by the County Land Steward. All mature (brown) lead tree(Leucaena leucocephala)seeds and air potato(Dioscorea bulbifera)will be bagged and left on the site for disposal by the County. All vegetative material from bowstring hemp (Sansevierja h1vacinthoides)and night-blooming cactus(Hylocereus undalus) must be physically removed. Resulting plant material may either be bagged or neatly piled on site(adjacent to the road)for County pick up. The contractor may utilize a chipper(not required). Any mulch created will be disposed of in one of the following ways(as determined by the County Land Steward): I. Spread evenly across the site;or 2. Removed from the site by the Contractor,at no expense to the County for the removal (if the Contractor wants the mulch for their own purposes); or 3. Neatly piled on the site by the contractor and removed from the site by the County (if Land Steward determines that on-site disposal is not an option). The Contractor will not be required to transport off-site or pay forte disposal of any vegetative 00 L0 CN 00 CN waste created by the project,unless the Contractor desires to keep the mulch. The Contractor will provide all necessary equipment to complete the project including(but not limited to) hand tools,chainsaws,chippers(not required),vehicles,sprayers, garbage bags and personal protective equipment. The Contractor will also provide all materials for treatment(including herbicide and adjuvants)and ensure proper disposal of herbicide and adjuvant containers and will strictly adhere to all herbicide label application,precautionary,and safety statements. The Contractor shall be paid according tote hourly rates established in the contract for each type of on-site employee. No compensation shall be paid for travel time to and from the or site. The project is complete when the total cost per hour reaches$120,000 or on May 19,2023,whichever occurs irst® There are no reimbursable expenses. All herbicide treatments shall be at least 95%effective in preventing re-sprout of treated plants. If 95% kill rate is not achieved for any area of the project after two (2)months past initial project completion-, one additional treatment of the exotic plants in the problem area shall be the responsibility of the Contractor at no additional cost to the County, The Contractor shall at all times provide an on-site ground crew supervisor that is certified by the Florida Department of Agricultural and Consumer Services and in good standing with that Department,as part of the work force. Ground crew supervisors will be responsible for: 1) coordination with the Monroe County Land Steward on a daily/weekly basis;2)all control activities and safety on project sites; 3) assuring that all crews are knowledgeable of,and remain within property and treatment boundaries; 4) assuring appropriate herbicide labels and Material Safety Data Sheets(MSDS)are on site; 5)avoiding damage to native vegetation and wildlife;and 6) strict adherence to all herbicide label application, precautionary, and safety statements. Ground crew supervisors shall be certified by the Florida Department of Agriculture and Consumer Services in the Natural Areas category. The County reserves the right to disqualify prospective bidders who have violations of the Rules of Chapter 62C-20,F.A.C.,or other state or federal laws or regulations related to pesticide use or aquatic plant control resolved by mediation,Consent Order,or fine within the two(2)previous years. Crew supervisors must be bilingual if their crew includes non-English speakers. They also must meet with the County Land Steward on a regular basis to discuss the progress of the project and to determine priority areas for treatment. The supervisor shall complete "Daily Progress Reports for Invasive Plant Control"and will submit the completed forms to the County every two weeks at a minimum. The to "technician"is used to imply specialized knowledge of invasive exotic plant control. All technicians working on the crew must have training in plant identification(specifically Keys' species) and herbicide application methods. Preference may be given to contractors with highly trained crews, including those that have herbicide licensed crew members(in the category listed above). The contractor must hold a valid Monroe County business tax receipt. Additional plant treatment or removal and nonplant debris removal may be added to the project by mutual agreement as field conditions warrant and funds permit. Such agreements for additional work shall be made in writing and agreed to by signature of both parties. According to the County's formal agreement with Florida Fish&Wildlife Conservation Commission, contractors working on invasive exotic removal projects must adhere to the following protocol: • Mandatory decontamination protocols must be followed for vehicles and equipment prior to entering Monroe County from areas outside of the County. • When moving equipment from site to site within Monroe County,decontamination requirements will be at the discretion of the County and will be dependent upon the exotic species that were treated at the previous site and on the nature of the treatment sites. • If decontamination is required by the County then the contractor must utilize a designated decontamination site within Monroe County. The County shall supply the contractor with a list of designated decontamination sites if necessary. Decontamination protocols: • All equipment including but not limited to vehicles,trailer,ATVs,and chippers must be cleaned with a pressure washer(at a County approved facility). Decontamination protocols include spraying down all equipment surfaces including the undercarriage and tires to insure that mud,vegetative debris and other debris is not transported from the previous treatment site. Special attention will be paid to equipment that has worked at sites where Lygodium, Cogon grass and other exotics specific to the mainland were treated to prevent the spread of these species into Monroe County. • Equipment such as chain saws, toppers,etc.used for cut stump treatment must be wiped down and cleaned so that they are free of debris. Prior to the commencement of the project,the contractor and the County Land Steward shall discuss the necessity for a decontamination plan. If the County requires a plan, then the contractor shall submit a brief decontamination plan in writing, to the County for approval. The decontamination plan shall identity specific decontamination procedures and decontamination sites. Decontamination protocols may vary depending upon the nature of the treatment site, type of treatment conducted at the site, and the exotic species that were treated. Failure to comply with decontamination protocols constitutes reason for contract cancellation and dismissal of the Contractor. While notice to proceed will be issued as soon as possible after the contract is final,the project timeframe may be adjusted depending on seasonal conditions. All work must be completed by May 19, 2023. 00 I- 04 00 04 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE N .010-1990 MONROE COUNTY,FLORIDA ETHICS CLAUSE A+Environmental Restoration,LLC (Company) "...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No.010-1990 or any County officer or employee in violation of Section 3 of Ordinance No.010-1990. For breach or violation of this provision the County may,in its discretion,terminate this Agreement without liability and may also, in its discretion,deduct from the Agreement or purchase price,or otherwise recover,the full amount of any fee,commission,percentage,gift,or consideration paid to the former County officer or employee." (Signature) Date: 10/27/2 STATE OF: Florida COt TNTY OF: eSoto Subscribed and sworn to (or affirmed) before me, by means of 0 physical presence or El online notarization, on October 27,2021 (date)by Jordan Deriso (name of affiant). He/She is n 11 known to m or has produced (type of identification) as identification. NOTARY PUBL KRISTA MARIE VIGNE Notary Public-State of Florida My Commission Expires: June 29,2025 V1 Commission N HH 108049 nrn; My Comm.Expires Jun 29,2025 Bonded through National Notary Assn. 38 N0N-00LLLI51DN AFFIDAVIT 1, JordanDeriw u� �t� Cw� � D�� m�ngm |��onmy �� a�� .d�� aay that 1 ( am Presidentof ,LLC the bidder making the Proposal for the project described m the Request for Proposals for and that | executed the said proposal with full authority todvso; 2� The prices in this bid have been arrived at independently without collusion,consultation,communication or agreement for the purpose of restricting competition,as to any matter n:|udn&to such prices with any other bidder nr with any competitor; 3. Unless otherwise required by law,the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening,directly or indirectly,tu any other bidder orm any competitor;and 4. No attempt has been made or will he made by the bidder to induce any other person, partnership or corporation to submit,or not to submit,a bid for the purpose of restricting competition; 5. 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. Date: 10/27/ STATE OF: 1Rorida�-- ---~--___'---- 00DNTYOp: _QeSoto Subscribed and sworn to (or affirmed) before me, by means of physical pooemon or [\ *n||oe notarization, on (date)by J ord an Deri so (name o[ufflant). Hc/Sheix all known to me or has produced _ _ (type of identification) as 41 My Commission Expires: _Lune 29,2025__ Notary Public-State of,'londa I My Comm.Expires Jun 29.2025 Bond"through National Notary Assn. I Elmo 39 0) CN CIO CN W'W The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: + 1 DA i, I All,9 M I- ;i� (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture,distribution,dispensing,possession,or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees out the dangers of drug abuse in the workplace,the business'policy of maintaining a drug- free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3 Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid,the employee will abide by the terms of the statement and will notify the employer of any conviction of,or plea of guilty or nolo contenderre to,any violation of Chapter 893(Florida Statutes)or of any controlled substance law of the United Statesorany state,for a viol ation occurring in the workplace no later than five(5)days after such conviction. 5. Imposes a sanction on,or require the satisfactory participation in a drug use assistance or rehabilitation program if such is available in the employee's community,or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug-fice workplace through implementation of this section. As the person authorized to sign the statement,I certify that this comp th above requirements. rm com(Signature) STATE OF: Florida COUNTY OF: DeSoto Subscribed and sworn to (or affirmed) before me, by means of 0 physical presence or 0 online notatrization, on October 27.2021 rr-11111-(date)by JordanDeriso (name of affiant). He/She is o all known to m or has produced (type of identification) as identification. NOT�AR66&LfC KRISTA MARIE VIGNE . June 29 2025 Notary Public-Sate of Florida My Commission Expires. Commission 4 HH 108049 my Comm.Expires Jun 29,2025 Bonded through National Notary Assn. 40 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity,may not submit a bid on a contract with a public entity for the construction or repair of a 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 Consultant, supplier, subConsultant, 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 36 months from the date of being placed on the convicted vendor list." A+Environmental I have read the above and state that neither Restoration,I,IC_(Proposer's name)nor any Affiliate has been placed on the convicted vendor list within the last 36 months. (Signature) Date: 10/-27/2. 1 .......... STATE OF: Florida COUNTY OF: Desoto Subscribed and sworn to (or affirmed) before me, by means of 2 physical presence or 0 online notarization, on October 7 2021 Jordan Deriso<2Eg (date)by (name of afflant). He/She is ersonall known to me or has produced (type of identification) as identification. NOTARY PUBLIC My Commission Expires: June 29,2025 Not.,,Public-State of Florida KRISTA MARIE VIGNE Commission#HH 108049 My Comm.Expires gun 29.2025 Bonded through National Notary Assn. 41 IV 00 00 04 STS Project Description(s): E,.c-o t.--- Respondent Vendor Name: A+Environmental Restoration,LLC Vendor FEIN: 81-0876.194 — Vendor's Authorized Representative Name and Title: Jordan Deriso,President Address: 4346 SW Hull Avenue ------ --- City: Arcadia —State: Florida Zip: 34269 Phone Number: 863-494-7585 Email Address: NLRJ�STA,'d- APERLLC.COM Section 287,135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if,at the time of contracting or 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 Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List,the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135,Florida Statutes,the submission of a false certification may subject company to civil penalties,attorney's fees,and/or costs.I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a 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 with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Certified By: Jordan De.riso ... ... who is authorized to sign on .. ........ ... behalf of the above reference Authorized Signature--- ...................................................... Print Name: Jordan Deriso Title: President Note:The List are available at the following Department of Management Services Site: sus ended discrim inatory com�l�iints vendor lists 43 Respondent's Insurance and Indemnification Statement Insurance Requirement Required Limits Worker's Compensation $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease,policy limits $100,000 Bodily Injury by Disease,each employee General Liability $300,000 Combined Single Limit Vehicle Liability $300,000 Combined Single Limit If split limits are provided,the minimum limits acceptable shall be: $200,000 per person $300,000 per occurrence $200,000 property damage INDEMNIFICATION AND HOLD HARMLESS FOR CONSULTANTS AND SUBCONSULTANTS Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the Respondent covenants and agrees that he shall defend,indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings,appellate proceedings,or other 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 Respondent or any of its employees,agents,contractors in any tier or other invitees during the term of this Agreement, (B)the negligence or willful misconduct of Respondent or any of its employees.,agents,respondents in any tier or other invitees, or(C) Respondent'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 negligent acts in part or omissions of the COUNTY or any of its employees, agents,contractors or invitees(other than RESPONDENT). 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 the completion of the project(including the work of others)is delayed or suspended as a result of the Respondent's failure to purchase or maintain the required insurance,the Respondent shall indemnify the County from any and all increased expenses resulting from such delay. In the event the completion of the project(including the work of others) is delayed or suspended as a result of the Respondent's failure to purchase or maintain the required insurance,the Respondent shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars(SI0.00)of remuneration paid to the Respondent is for the indemnification provided for above. The extent of liability is in no way limited to,reduced,or lessened by the insurance requirements contained elsewhere within this agreement. RESPONDENT'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. A+Environmental Restoration,LLC 10/27/21 Respondent Signature Date so IV 00 Clien :710095 ENVIRREST01 M M DATE( fDD ) 00 ACORD. CERTIFICATE OF LIABILITY INSURANCE 10113/2022 THIS CERTIFICATE IS ISSUED AS A MATTEROF 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 any rights to the certificate holder in lieu of such enorsement(s). PRooucER NAME: am McDaniel Marsh&McLennanAgency PRONE 7 1 A/C No Ext Bouchard Region E-MAIL arts arsh .c ADDRESS: 485 N.Keller Road,Suite#450 INSURER(S)AFFORDING COVERAGE NAIC# Maitland, FL 32751 INSURER A:Zurich American Insurance Company 16535 INSURED INSURER B:Bridgefleld Employers Insurance Co. 10701 Environmental Restoration LLC INSURERC:Admiral Insurance Company 24856 4346 SW Hull Ave. INSURER D: Arcadia,FIL 34269 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CER7IFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, N074VITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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 _iADDLSUR POLICY EFF POLICY EXP LrR TYPE of INSURANCE LNSR D POLICY NUMBER IMiDD ,.,.,..� (PPrporYYYY) LIMITS X COMMERCIAL GENERAL LIABILITY L 74 1 5/1912 O %19/20 EACH OCCURRENCE $2,00t00 DAMAG -TO RENTED CLAIMS-MADE OCCUR * PREWSEaIEaor,'curr nrnJ s 0,000 __ MImD ExP(Any one PPrsonl...._ $1 00 ....._ . .. ... �,- .Z57 PERSONAL&ADVINJURY 52,000,00 _ GEN'L AGGREGATE LIMIT APPLIES E'ER; GENERAL AGGREGATE s4,000,000 PRO- ....__ ®_ ..__.. ...... POLCWANW "' PRODUCTS-OOMPIOPAGO $4,000000 OTTHIER:CY 7X JECT_ � I�Cy ,... _... ... $........... _ .... AUTOMOBILE LIABILITY COMBINED SINGLE I...IMIr X X S P74661 800 5/19/2022 05119/202 EaacxAent ... 1,000,000 X ANY AUTO BODILY INJURY(Per Person) $_� ...._.. ........... OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED x NON-UnNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS 0NI..Y I P�r,acri�dentj.�_._.._. ...___._._........_. UMBRELLA LIAR X OCCUR C7 6101 /19/2022 0519/ 02 EACH OCCURRENCE $ 00 0 ._ .. .........._ EXCESS LIAR CLAIMS-MADE AGGREGATE $ 000 000 L3ED X RETEN7lr.XN SQ _........ ........__. .. _ ..._._.... __ ____._...... WORKERS COMPENSATION .. ... 07/2 / 02 PER— f,"TH- AND EMPLOYERS*LIABILITY V t N 3055794 7122/2022 . . aTd4iSJTE ER ANY PROPRIETOPIPAR.TNEPJEXECUTIVE�'�..� N f A 1m.L EACH ACCIDENT $1,,000,000 OFFICFrPJMEMBER ExCI..lY17ED7 ... ,. (Mandatory in NH) E.L.DISEASE...EA EMPLOYEE $1 000,000 __._..__.. 5_1X If yes,describe under j ..", 6E5CRIPTION,,,,OF OPERATIfJNS below. .........t... E.L DISEASE-P.0LICY LIMIT $1 000 000 .........._... ........... .... . ..�_. .. _........._........'- __ - ._. ............. ... _,..._......._w,,, anted/Leased ECI CPP712103600 5/1912022 15119120 500, 00/1,200,000 Pollution FIE 360 51 91202 /191 22,000,000 DESCRIPTION OF OPERATIONS B LOCATIONS P VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate Holder is named itionl Insured and provided a waiver of subrogation with regard to the liability policies of the Named Insured,but only with respect to and to the extent of the liabilities assumed by the Named Insured under written contract,agreement or permit. The General Liability, to Liability,Pollution Liability and Umbrella insurance is Primary;any other insurance maintained by the contractor&Owner is excess&non contributory,when required by written contract,agreement or permit, (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Coon CC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES CANCELLED FOE Monroe THE EXPIRATION DATE THEREOF, NOTICE ILL BE DELIVERED IN 1100 Simonton St ACCORDANCE WITH THE POLICY PROVISIONS. Key West,FL 33040 AUTHORIZED REPRESENTATIVE O 198-2015 ACORD CORPORATION.All rights reserved. A O 5(201610 ) 1 of 2 The ACORD name and logo are registered marks of ACORD #S11892671111111111107713 RMJYS DESCRIPTIONS (Continued from Page 1) subject to the provisions and limitations of the policy. Waiver of subrogation applies to Workers Compensation when required by written contract,agreement or permit and subject to the provisions and limitations of the policy. Certificate holder is named as Loss Payee and Additional Insured with regard to equipment leased/rented to the Named Insured,but only with respect to and to the extent of the liabilities assumed by the Named Insured under written contract,agreement or permit,subject to the provisions and limitations of the policy. SAGITTA 25.3(2016/03) 2 of 2 #S11892671IM11107713 00 00 C14 POLICY NUMBER',GL0746614900 Additional Insured - Automatic - Owners, Lessees Or ZURICW Contractors -- -------------- -------------------------------- Policy No. Eff. Date of Pol.. Exp. Date of Po. Eff.Date of End. I Producer No. d'I.Pren Retu r n Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured:A+ Environmental Restoration LLC Address(including ZIP Code): This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section 11 —Who Is An Insured is amended to include as an additional insured any person or organization who you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for"bodily injury", "property damage"or"personal and advertising injury"caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf. in the performance of your ongoing operations or "your work" as included in the "products-completed operations ha7ard", which is the subject of the written contract or written agreement. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law;and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage" or"personal and advertising injury"arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings ands cifications; or b. Supervisory, inspection,architectural or engineering activities. This exclusion applies even it the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which used the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the renderi ng of or the failure to render any professional architectural, engineering or surveying services. I-I-OL-1175-FIDW(M13) Page I of 2 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense. Claim ()r Suit nf Section UV— Commercial General Liability CondWns: The additional insured must see hzit that: 1. We are notified us soon as practicable«fan "occurrence" or offense that may result inaclaim; 2. VVe receive written notice ofa claim or°auit"eo soon ampracticable;and 3. A request for defense and indemnity of the claim or ''suit' will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision dues not apply tn insurance on which the additional insured is a Named Insured I the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purposes of the coverage provided by this endorsement: 1. The following is added t0 the Other Insurance Condition ofSection W—Conmmmilarciall General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured iyo Named Insured under such other insurance;and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured, 2. The following paragraph ie added hmParagraph 4'b. of the Other Insurance Condition mf Section UV—Commercial General Liab0fty Conditions: This insurance im excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing :ommnaAe for the same "occurrence". offense, claim or "suit". This provision does not apply to any policy |n which the additional insured is a Named Insured on such other policy and where our policy iurequired by avvritten contract or written agreement to provide coverage to the additional insured on aprimary and non- contributory basis. E. This endorsement dmga not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement, the following io added to Section III—UmmNs0fInsurance: The nnnstwe will pay on behalf nf the additional insured isthe amount cfinsurance: 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or 2. Available under the applicable Limits cdInsurance shown in the Declarations, whichever inless. This endorsement shall not increase the applicable Limits nf Insurance shown in the Declarations. All other terms and conditions nf this policy remain unchanged. U-GL-1175-FCw($4/13) Page aofz I CV) 00 C14 Waliver Of Subrogation (Blanket) Endorsement ZURICH NAMED INSURED:A+ Environmental Restoration I Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff.Date of End. Producer Addl.Prem Return Preen. t GLO746614900 05/19/2022 05/19/2023 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: If you are required by a written contract or agreement,which is executed before a loss,to waive your rights of recovery from oth- ers,we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. U-GL-925-11 CW(12101) Page I of I NAMED INSURED:A+ Environmental Restoration LLCPOLICY NUMBER:83055794 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us,) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule, Schedule *Blanket Waiver of Subrogation Applies* This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Date Prepared. Carrier: Bridgefield Employers Insurance Company Effective Date of Endorsement: Policy Number: Countersigned by Insured: WC 00 03 13 (Ed. 4-84) "Includes copyright material of the National Council on Compensation Insurance, Inc. used with its permission.copyright 1984 NCCI" 00 (A) 00 00 A+ Environmental Restoration LLC CN ZURICH Manuscript ® Loss Payable Provisions — Contractor's Equipment THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies the following: COMMERCIAL PROPERTY CONDITIONS If loss or damage occurs to "contractor's equipment" in which both you and a Loss Payee have an insurable interest, the applicable paragraph shown below will be added to the Loss Payment Condition. If the Loss Payee is not scheduled on the Policy, documentation of such shall be shown on ACO RD Certificates of Insurance (or its equivalent) issued by the broker, copies of which, upon request from us will be forwarded and kept on file. If the Loss Payee is not otherwise scheduled on the Policy or on file with us, you must provide this information no later than the time the Proof of Loss is submitted to us. LOSS PAYABLE For"contractor's equipment" in which both you and the Loss Payee have an insurable interest,we will: a. Adjust losses with you; and b. Pay any claim for loss or damage jointly to you and the Loss Payee, as interests may appear. Receipt of payment by you shall constitute a release in full of all liability under this Policy with respect to such loss. Includes copyrighted material of ISO Commercial Risk Services,Inc.with its permission U-CP-693 A(10 02) Copyright,ISO Commercial Risk Services,Inc. NAMED INSURED:A+ Environmental Restoration LLC COMMERCIAL AUTO POLICY NUMBER:BAP746614800 CA 20 4810 13 I 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. Named Insure :A+ Environmental Restoration LLC Endorsement Effective ate:05/1 / 02 SCHEDULE Name Of Person(s)Or raniztion(s): ANY PERSON OR ORGANIZATION TO WHOM OR TO WHICH YOU ARE REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS OR ADDITIONAL INSURED STATUS ON A PRIMARY, NON-CONTRIBUTORY BASIS, IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS, EXCEPT WHERE SUCH CONTRACT OR AGREEMENT AS PROHIBITED BY LAW Information require to com late this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.I. 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 Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 0 Insurance Services Office, Inc., 2011 Page 1 of 1 N 0 0 T- Iq NAMED INSURED:A+ Environmental Restoration LLC COMMERCIAL AUTO 00 POLICY NUMBER:BAP746614800 10 13 CN THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) 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 the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured:A+ Environmental Restoration LLC Endorsement Effective Date:05/19/2022 SCHEDULE Name(s) Of Person(s) Or Organ ization(s): ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY. Information required to complete this Schedule, if not shown above,will be shown in the eclarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 10 13 @ Insurance Services Office, Inc., 2011 Page 1 of I N 00 N AMENDMENT NO. I TO CONTRACT BETWEEN A+ENVIRONMENTAL RESTORATION, LLC AND MONROE COUNTY, FLORIDA THIS FIRST AMENDMENT TO CONTRACT is made and entered into this 18th day of October 2023, between Monroe County Board of County Commissioners (hereinafter "COUNTY" or"BOCC") and A+Environmental Restoration, LLC (hereinafter"CONTRACTOR"). WITNESSETH: WHEREAS, the COUNTY and CONTRACTOR (hereinafter "Parties") entered into a Contract (hereinafter "Contract") on November 15, 2022, for the removal of invasive exotic plant species from Monroe County conservation lands; and WHEREAS, the Parties mutually agree that the scope of work under said Contract was completed on May 19, 2023; and WHEREAS, Section 37 of said Contract authorizes the extension of services by the mutual consent of the undersigned parties and upon the same terms of said Contract for three (3) additional, future funding cycles, whether for a greater or smaller sum, and using a different completion date, contingent upon the County's receipt of funds specifically for the purposes set forth herein; and WHEREAS,the County has received an additional $150,000 in funding for FY 2023-2024 from the State's Florida Fish and Wildlife Conservation Commission's Invasive Plant Management Section for the removal of invasive exotic plants from Monroe County conservation lands; and WHEREAS, in addition to the aforesaid $150,000 the County has received in State funding, the County is contributing an additional $25,000 to this project from the Monroe County Environmental Land Management and Restoration Fund; and WHEREAS,this Amendment No. 1 to Contract(hereinafter"Contract Extension") is the first of three extensions authorized under Section 37 of said Contract. NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained herein the parties agree as follows: 1. The recitals contained herein are true and correct and are hereby incorporated as if fully stated herein. 2. The original Contract between the parties is attached to this Contract Extension and made a part of it as if fully stated herein. 3. The parties mutually consent to exercise the original Contract's Section 37 provision authorizing the extension of services upon the same terms of the original agreement for an additional future funding cycle using a different completion date, based upon the County's receipt of funds specifically for the purposes set forth herein. 1 2843 4. Exhibit"A" (hereinafter"Scope of Services")to the original Contract is hereby amended to reflect completion of the project work upon the reaching of the maximum amount of $175,000.00, or upon the date of May 17, 2024, whichever occurs first. 5. Section 4.1 of said original Contract is hereby amended as follows: The maximum compensation available to the CONTRACTOR under this agreement is $175,000.00. The COUNTY agrees to pay the CONTRACTOR based on completion of work within the Scope of Services corresponding as Exhibit"A" to this Contract Extension, according to progress reports and other documentation to show the hours expended by each of the CONTRACTOR'S on-site staff. There will be a 5%retainage by COUNTY until the kill rate requirements established in the said work under said Scope of Services are satisfied. Because said work under said Scope of Services must be completed by May 17, 2024, compensation shall be only for the amount of work completed, regardless of the cause of any delay. 6. Section 37 of said original Contract is hereby amended as follows: The work under this Contract is to be completed by May 17, 2024, or upon reaching the maximum amount of $175,000. After May 17, 2024, this Contract may be extended by mutual consent upon the same terms for two 2 additional, future funding cycles, whether for a greater or smaller sum, and using a different completion date, contingent upon County's receipt of funds specifically for the purposes set forth herein. 7. All of the other terms, covenants, conditions, and provisions of said original Contract dated November 15, 2022, except those expressly modified and rendered inconsistent by this Contract Extension, remain in full force and effect and binding upon the Parties. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW 2 2844 IN WITNESS WHEREOF, the parties hereto have CaLl5ed these presents to be executed on the .-.--..---day of 202-1 (SEAL) ATTEST: KEVIN MADOK, CLERK BOARD OFCOUNTY COMMISSIONERS OF MONROE C0UN_J_Y,, FLORIDA OF MONROE COUNTY, FLORIDA By__ Bv Deputy Clerk Craig Cates, Mayor mONAOE COUNTY ATTORNEY ��PID 11 ,S R (CORPORATE SEAL) ATTEST: A+ Environmental Re,", jon. LLC By By: 1�5F7 First)Witness Sianature Print Name: Jo,rdan Dof so ss Printed Na ie Z Title: President Bv Scc(nd Witness Sig6awre Second Nkltness Printed Name STATE OF COUNTY OF C) dYl'ik, ,,f 20231, before me the person whose name is On this da� of subscribed above, and who produced 4LLL��- as identificatiom arcknowledged that lie/she is the person who executed the above Contract for the purposes therein contained and did,sj&a,r aka oath. Not Public F'rii-it Narjjje My commission expires: Sea] 2845 EXHIBIT A To Amendment No. 1 Dated October 18, 2023 SCOPE OF SERVICES REMOVAL OF INVASIVE EXOTIC PLANTS FROM MONROE COUNTY CONSERVATION LANDS—MAINTENANCE TREATMENT PROJECT HISTORY Monroe County currently owns or manages approximately 2,000 acres of conservation lands throughout the Keys. The purpose of the current project is to maintain the County's properties that have been previously treated for invasive plants and to treat small infestations of exotics. Monroe County has received funding from the Florida Fish&Wildlife Conservation Commission, Invasive Plant Management Section,in the amount of$150,000 to fund an invasive exotic plant technician crew to work on County parcels selected by the Monroe County Land Steward. In addition, the County is providing a local match of$25,000,bringing the total funds available for the project to $175,000 (not to exceed). Work must be completed by May 17, 2024. PROJECT LOCATION Lands in this project area consist of public conservation lands located throughout the Florida Keys either owned or managed by Monroe County. Monroe County owns approximately 2,000 acres of scattered conservation lands throughout the Florida Keys. This project will target a portion of those properties in the areas identified below(the majority of the sites are within the Lower Keys and Upper Keys areas): Upper Keys: Key Largo; Tavernier Middle Keys: Crawl Key Lower Keys: Sugarloaf Keys; Cudjoe Key; Summerland Key; Ramrod Key; Torch Keys; Big Pine Key; West Summerland Key Most individual parcels are only 0.1 acres in size,but many are contiguous and combine to form much larger management units. The majority of the sites are located in neighborhoods, adjacent to residences, and easily accessed by roads. Work in neighborhoods will require special considerations for safety,noise, and appearance of the property. Level of infestation varies by site,but since most of these sites have been previously treated,most sites will be less than 10% coverage of invasive exotic vegetation. SCOPE OF WORK Contractor must comply with all provisions of Florida Fish& Wildlife Conservation Commission's Task Assignment FK-182, attached as Exhibit B. Failure to comply with said provisions constitutes reason for contract cancellation and dismissal of the Contractor. The project consists of the eradication of invasive exotic plant species occurring on selected Monroe County conservation lands,utilizing herbicide as necessary. The work will be completed by the contractor's ground crew comprised of up to four(4)invasive plant technicians (including the crew supervisor).No more than one crew (composed of one crew supervisor and up to 3 technicians)may work at any one time. The contractor will manage the project including the scheduling, subcontracting as necessary, labor, monitoring and reporting progress. Additionally, the contractor will provide all necessary training, equipment, 4 2846 supervisory and administrative support for the technician crew. All work is to be completed using hand tools (no heavy equipment required). Work must be performed during normal work hours (between 7:00 am and 5:30 pm), Monday through Friday. No work may occur on weekends or on holidays observed by Monroe County. The County will supply location maps of project sites,including GIS shapefiles. The contractor must have GPS equipment and trained field staff to enable accurate field verification of property boundaries and to provide accurate mapping of areas treated. At the end of the project,the contractor will provide the County with GIS shapefile data indicating the total area surveyed. The contractor will work closely with the County Land Steward to identify sites where only boundary or edge treatments are necessary and sites where a thorough inspection/treatment of the entire site is required. The work requires a knowledgeable crew of technicians who can "sweep" County properties and remove only the invasive exotic plant species found on the sites. The technicians must have demonstrated knowledge in identification of Florida Keys species,both native and exotic,including closely related species. The contracted crew's priorities will include: maintaining previously treated exotic removal sites free of exotics; conducting sweeps of large conservation areas, looking for new infestations; and the removal of small infestations of exotics from recently purchased conservation lands. The contractor shall notify the County Land Steward when it finds infestations of invasive exotics that are either too large for the crew to handle or trees that may be potentially hazardous to remove (i.e.near power lines or neighbors' structures). The contractor shall provide information to the County on the approximate dimensions of the infestation and the location. Target species include: Brazilian pepper(Schinus terebinthifolius); Australian pine (Casuarina spp); lead tree (Leucaena leucocephala); seaside mahoe (Thespesia populnea); scaevola(Scaevola sericea); latherleaf (Colubrina asiatica); Brazilian jasmine (Iasminum fluminense); Guinea grass (Panicum maximum); Washington fan palm (Washingtonia robusta); sapodilla(Manilkara zapota); sea hibiscus (Hibiscus tiliaceus); castor bean(Ricinus communis);wedelia(Sphagneticola trilobata); oyster plant(Tradescantia spathacea); air potato (Dioscorea bulbifera);red sandalwood(Adenthera pavonina); woman's tongue (Albizia lebbeck); tropical almond(Terminalia catappa); green fountain grass (Pennisetum setaceum); asparagus fern(Asparagus aethiopicus); chastetree (Vitex trifolia) and night-blooming cactus (Hylocereus undatus). These and all other invasive exotic species listed by Florida Exotic Pest Plant Council(FLEPPC) will be either hand-pulled, cut and treated, or treated in place with appropriate herbicide. Every effort shall be made to avoid damage to native vegetation and impacts to wildlife. The exotic plant species listed above will be treated according to developed effective control techniques. Depending upon the species treated and the type of habitat, plants may be hand-pulled, treated in place, removed from site, or chipped on site. Decisions regarding specific plant treatment methods on each site will be made by the Land Steward. The contractor is responsible for the treatment and/ or removal of all exotic plant species listed,including trees,grasses, groundcovers, and vines,in any life stage (including seedlings). Hand removal shall be the preferred method of removal when feasible. When it is not feasible, vegetation may be treated with herbicide and left standing in areas where standing dead timber does not pose a threat to human safety or is not offensive to adjacent neighbors. When cutting is required, each cut plant will be cut as low to the ground as possible. Cuts will be made level to the ground to minimize herbicide runoff prior to absorption. A machete may not be used to cut trees as it creates a j agged cut; loppers or saws are preferred tools. An appropriate herbicide shall be applied within one (1) minute of stump preparation. Invasive exotic plant species shall be treated with herbicide as follows: 5 2847 Target Species Treatment Method Asiatic colubrina 50% Garlon 3A applied to cut surface immediately after cut or (Colubrina asiatica) 20%Garlon 4 applied to stump's cut surface and sides Australian pine 50% Garlon 3A applied to cut surface immediately after cut or (Casuarina s ) 20%Garlon 4 applied to stump's cut surface and sides Beach naupaka 50% Garlon 3A applied to cut surface immediately after cut or (Scaevola sericea) 20%Garlon 4 applied to stump's cut surface and sides Brazilian pepper 50% Garlon 3A applied to cut surface immediately after cut or (Schinus terebinthi olius) 20%Garlon 4 applied to stump's cut surface and sides Lead tree 30%Garlon 4 applied to stump's cut surface and sides (Leucaena leucoce halo) Seaside mahoe 50% Garlon 3A applied to cut surface immediately upon cutting Thes esia o ulnea night-blooming cactus Hand pull entire plant and physically remove all material from the (H locereus undatus) site bowstring hemp Cut and remove blade; treat cut base with 10%glyphosate (Sansevieria h acinthoides) Technicians shall utilize quart-sized, chemical resistant spray bottles, such as "Spraymaster"bottles (or similar), for herbicide application. The contents must be clearly labeled on the outside of the bottle. A dye shall be used to facilitate identification of treated stems. Herbicides will be applied using a low-pressure spray to minimize drift and non-target damage. Any additional treatment methods or changes to the methods listed above must be pre-approved by the County Land Steward. All mature (brown) lead tree (Leucaena leucocephala) seeds and air potato (Dioscorea bulbifera)will be bagged and left on the site for disposal by the County. All vegetative material from bowstring hemp (Sansevieria hyacinthoides) and night-blooming cactus(Hylocereus undatus) must be physically removed. Resulting plant material may either be bagged or neatly piled on site (adjacent to the road) for County pick up. The contractor may utilize a chipper(not required). Any mulch created will be disposed of in one of the following ways (as determined by the County Land Steward): 1. Spread evenly across the site; or 2. Removed from the site by the Contractor, at no expense to the County for the removal(if the Contractor wants the mulch for their own purposes); or 3. Neatly piled on the site by the contractor and removed from the site by the County(if Land Steward determines that on-site disposal is not an option). The Contractor will not be required to transport off-site or pay for the disposal of any vegetative waste created by the project, unless the Contractor desires to keep the mulch. The Contractor will provide all necessary equipment to complete the project including (but not limited to) hand tools, chainsaws, chippers (not required),vehicles, sprayers, garbage bags and personal protective equipment. The Contractor will also provide all materials for treatment(including herbicide and adjuvants) and ensure proper disposal of herbicide and adjuvant containers and will strictly adhere to all herbicide label application,precautionary, and safety statements. The Contractor shall be paid according to the hourly rates established in the contract for each type of on-site employee. No compensation shall be paid for travel time to and from the work site. The project is complete when the total cost per hour reaches $120,000 or on May 19,2023,whichever occurs first. There are no reimbursable expenses. 6 2848 All herbicide treatments shall be at least 95% effective in preventing re-sprout of treated plants. If 95%kill rate is not achieved for any area of the project after two (2)months past initial project completion; one additional treatment of the exotic plants in the problem area shall be the responsibility of the Contractor at no additional cost to the County. The Contractor shall at all times provide an on-site ground crew supervisor that is certified by the Florida Department of Agricultural and Consumer Services and in good standing with that Department, as part of the work force. Ground crew supervisors will be responsible for: 1) coordination with the Monroe County Land Steward on a daily/weekly basis; 2) all control activities and safety on project sites; 3) assuring that all crews are knowledgeable of, and remain within property and treatment boundaries; 4) assuring appropriate herbicide labels and Material Safety Data Sheets (MSDS)are on site; 5) avoiding damage to native vegetation and wildlife; and 6) strict adherence to all herbicide label application,precautionary, and safety statements. Ground crew supervisors shall be certified by the Florida Department of Agriculture and Consumer Services in the Natural Areas category. The County reserves the right to disqualify prospective bidders who have violations of the Rules of Chapter 62C-20, F.A.C., or other state or federal laws or regulations related to pesticide use or aquatic plant control resolved by mediation, Consent Order, or fine within the two (2) previous years. Crew supervisors must be bilingual if their crew includes non-English speakers. They also must meet with the County Land Steward on a regular basis to discuss the progress of the project and to determine priority areas for treatment. The supervisor shall complete "Daily Progress Reports for Invasive Plant Control" and will submit the completed forms to the County every two weeks at a minimum. The term "technician"is used to imply specialized knowledge of invasive exotic plant control. All technicians working on the crew must have training in plant identification(specifically Keys' species) and herbicide application methods. Preference may be given to contractors with highly trained crews,including those that have herbicide licensed crew members (in the category listed above). The contractor must hold a valid Monroe County business tax receipt. Additional plant treatment or removal and nonplant debris removal may be added to the pro]ect by mutual agreement as field conditions warrant and funds permit. Such agreements for additional work shall be made in writing and agreed to by signature of both parties. According to the County's formal agreement with Florida Fish& Wildlife Conservation Commission, contractors working on invasive exotic removal projects must adhere to the following protocol: • Mandatory decontamination protocols must be followed for vehicles and equipment prior to entering Monroe County from areas outside of the County. • When moving equipment from site to site within Monroe County, decontamination requirements will be at the discretion of the County and will be dependent upon the exotic species that were treated at the previous site and on the nature of the treatment sites. • If decontamination is required by the County then the contractor must utilize a designated decontamination site within Monroe County. The County shall supply the contractor with a list of designated decontamination sites if necessary. Decontamination protocols: • All equipment including but not limited to vehicles,trailer,ATVs, and chippers must be cleaned with a pressure washer(at a County approved facility). Decontamination protocols include spraying down all equipment surfaces including the undercarriage and tires to insure that mud,vegetative debris and other debris is not transported from the previous treatment site. Special attention will be paid to equipment 7 2849 that has worked at sites where Lygodium, Cogon grass and other exotics specific to the mainland were treated to prevent the spread of these species into Monroe County. • Equipment such as chain saws, loppers, etc.used for cut stump treatment must be wiped down and cleaned so that they are free of debris. Prior to the commencement of the project, the contractor and the County Land Steward shall discuss the necessity for a decontamination plan. If the County requires a plan, then the contractor shall submit a brief decontamination plan in writing, to the County for approval. The decontamination plan shall identity specific decontamination procedures and decontamination sites. Decontamination protocols may vary depending upon the nature of the treatment site, type of treatment conducted at the site, and the exotic species that were treated. Failure to comply with decontamination protocols constitutes reason for contract cancellation and dismissal of the Contractor. While notice to proceed will be issued as soon as possible after the contract is final, the project timeframe may be adjusted depending on seasonal conditions. All work must be completed by May 19, 2023. 8 2850 DATE(MM/DD/YYYY) ACCOR" CERTIFICATE OF LIABILITY INSURANCE 7/26/2023 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 NAME: MMA-Bouchard Certificate Team Marsh &McLennan (CLW) PHONE FAX 101 N Starcrest Dr A/C No Ext: 727 447-6481 A/c,No):727-449-1267 E-MClearwater FL 33765 ADDRESS: CertsTeam@MarshMMA.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Zurich American Insurance Company 16535 INSURED ENVIRREST01 INSURERB: Bridgefield Employers Insurance Co. 10701 A+ Environmental Restoration LLC 4346 SW Hull Ave. INsuRERc:Admiral Insurance Company 24856 Arcadia FL 34269 INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:544127726 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD MM/DD A X COMMERCIAL GENERAL LIABILITY Y Y GL0746614903 5/19/2023 5/19/2024 EACH OCCURRENCE $2,000,000 CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $300,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY� PRO- � LOC PRODUCTS-COMP/OP AGG $4,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y Y BAP746614803 5/19/2023 5/19/2024 COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident A X UMBRELLA LIAB X OCCUR Y Y AUC746615003 5/19/2023 5/19/2024 EACH OCCURRENCE $4,000,000 EXCESS LAB CLAIMS-MADE AGGREGATE $4,000,000 DED X RETENTION$n $ B WORKERS COMPENSATION Y 83055794 7/22/2023 7/22/2024 X PER X OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICE R/M EMBER EXCLUDED? FN] N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Rented/Leased Equipment CPP712103603 5/19/2023 5/19/2024 11000,000 C Pollution FEIECC2423606 5/19/2023 5/19/2024 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate Holder is included as an Additional Insured and provided a waiver of subrogation with regard to the liability policies of the Named Insured, but only with respect to and to the extent of the liabilities assumed by the Named Insured under written contract,agreement or permit.The General Liability,Auto Liability, Pollution Liability and Umbrella insurance is Primary;any other insurance maintained by the contractor&Owner is excess&non contributory,when required by written contract,agreement or permit,subject to the provisions and limitations of the policy. Waiver of subrogation applies to Workers Compensation when required by written contract,agreement or permit and subject to the provisions and limitations of the policy. See Attached... Ira CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE AB( ? 23 THE EXPIRATION DATE ACCORDANCE WITH THE I .� Monroe County BOCC 1100 Simonton St AUTHORIZED REPRESENTATIVE Key West FL 33040 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 2851 AGENCY CUSTOMER ID: ENVIRREST01 LOC#: ACOOR 0 ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Marsh&McLennan(CL" A+ Environmental Restoration LLC 4346 SW Hull Ave. POLICY NUMBER Arcadia FL 34269 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Certificate holder is named as Loss Payee and Additional Insured with regard to equipment leased/rented to the Named Insured,but only with respect to and to the extent of the liabilities assumed by the Named Insured under written contract,agreement or permit,subject to the provisions and limitations of the policy. Certificate holder is a Loss Payee and Additional Insured with regard to equipment leased/rented tothe Named Insured,but only with respect to and to the extent of the liabilities assumed by the Named Insured under written contract,agreement or permit,subject to the provisions and limitations of the policy. ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 2852 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy We will not enforce our right against the person or organization named in the Schedule (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule "Blanket Waiver of Subrogation Applies* This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated Date Prepared May 9, 2023 Carrier- Bridgefield Employers Insurance Company Effective Date of Endorsement July 22, 2023 Policy Number 830-55794 Countersigned by Insured: A+ Environmental Restoration, LLC WC 00 03 13 (Ed 4-84) "Includes copyright material of the National Council on Compensation Insurance, Inc used with its permission Copyright 1984 NCCI" 2853 POLICY NUMBER: BAP 7466148- 04 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. Named Insured: A+ ENVIRONMENTAL RESTORATION LLC Endorsement Effective Date:05/19/2023 SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization to whom or which you are required to provide additional insured status or additional insured status on a primary, non-contributory basis, in a written contract or written agreement executed prior to loss, except where such contract or agreement is prohibited by law. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. 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 Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Pagel of' 2854 c� Coverage Extension Endorsement — Florida ZURICH THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. BAP 7466148- 04 Effective Date: 05/19/2023 This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section II —Covered Autos Liability Coverage: The following are also "insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee" of yours is also an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s)or organization(s)where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance— Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident",will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured"will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment—Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II — Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident"we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. C. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section II —Covered Autos Liability Coverage does not apply. U-CA-424-H FL(10/2855 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 1 c D. Driver Safety Program Liability and Physical Damage Coverage 1. The following is added to the Racing Exclusion in Section II—Covered Autos Liability Coverage: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. 2. The following is added to Paragraph 2. in B. Exclusions of Section III — Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b. in B. Exclusions of Section IV — Physical Damage Coverage of the Motor Carrier Coverage Form: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. E. Lease or Loan Gap Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Lease Or Loan Gap Coverage In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered "auto", less: a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form; and b. Any: (1) Overdue lease or loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the loan or lease; and (5) Carry-over balances from previous leases or loans. F. Towing and Labor Paragraph A.2. of the Physical Damage Coverage Section is replaced by the following: We will pay up to $75 for towing and labor costs incurred each time a covered "auto" that is a "private passenger type", light truck or medium truck is disabled. However, the labor must be performed at the place of disablement. As used in this provision, "private passenger type" means a private passenger or station wagon type "auto" and includes an "auto"of the pickup or van type if not used for business purposes. G. Extended Glass Coverage The following is added to Paragraph A.3.a. of the Physical Damage Coverage Section: If glass must be replaced, the deductible shown in the Declarations will apply. However, if glass can be repaired and is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired rather than replaced. H. Hired Auto Physical Damage—Increased Loss of Use Expenses The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following: Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We will pay for loss of use expenses if caused by: (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or U-CA-424-H FL(10/2856 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 2 c (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of$3000. I. Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Personal Effects Coverage a. We will pay up to $750 for"loss" to personal effects which are: (1) Personal property owned by an "insured"; and (2) In or on a covered "auto". b. Subject to Paragraph a. above, the amount to be paid for"loss"to personal effects will be based on the lesser of: (1) The reasonable cost to replace; or (2) The actual cash value. c. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered "auto". No deductible applies to this coverage. However, we will not pay for "loss" to personal effects of any of the following: (1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value. (2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches, precious or semi-precious stones. (3) Paintings, statuary and other works of art. (4) Contraband or property in the course of illegal transportation or trade. (5) Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage available for the same "loss". J. Tapes, Records and Discs Coverage 1. The Exclusion in Paragraph 113.4.a. of Section III —Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph 113.2.c. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form does not apply. 2. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section: We will pay for 'loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices: (a) Are the property of an "insured"; and (b) Are in a covered "auto" at the time of"loss". The most we will pay for such 'loss" to tapes, records, discs or other similar devices is $500. The Physical Damage Coverage Deductible Provision does not apply to such "loss". K. Airbag Coverage The Exclusion in Paragraph 113.3.a. of Section III—Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph 113.4.a. of Section IV— Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag. L. Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Coverage Section: If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us, the following applies for each covered "auto" on a per vehicle basis: 1. If the deductible on this policy or Coverage Form is the smaller(or smallest)deductible, it will be waived; or U-CA-424-H FL(10/2857 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 3 c 2. If the deductible on this policy or Coverage Form is not the smaller(or smallest) deductible, it will be reduced by the amount of the smaller (or smallest)deductible. M. Temporary Substitute Autos— Physical Damage 1. The following is added to Section I—Covered Autos: Temporary Substitute Autos— Physical Damage If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following types of vehicles are also covered "autos"for Physical Damage Coverage: Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered "auto" you do own but is out of service because of its: 1. Breakdown; 2. Repair; 3. Servicing; 4. "Loss"; or 5. Destruction. 2. The following is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section: Temporary Substitute Autos— Physical Damage We will pay the owner for"loss"to the temporary substitute"auto" unless the"loss" results from fraudulent acts or omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other party. The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaces. N. Amended Duties In The Event Of Accident, Claim, Suit Or Loss Paragraph a. of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following: a. In the event of"accident", claim, "suit" or"loss", you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" or "loss" is known to you (if you are an individual), a partner(if you are a partnership), a member(if you are a limited liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any agent, servant or employee of the"insured"to notify us of any"accident", claim, "suit" or"loss" shall not invalidate the insurance afforded by this policy. Include, as soon as practicable: (1) How, when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought, written notice of the claim or"suit" including, but not limited to, the date and details of such claim or"suit"; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. If you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. O. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the"accident" or"loss" arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. P. Employee Hired Autos—Physical Damage Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other Insurance—Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: U-CA-424-H FL(10/285$Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 4 c Policy #CPP712103603 A+ Environmental Restoration LLC ZURICH Manuscript - Loss Payable Provisions — Contractor's Equipment THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies the following: COMMERCIAL PROPERTY CONDITIONS If loss or damage occurs to "contractor's equipment" in which both you and a Loss Payee have an insurable interest, the applicable paragraph shown below will be added to the Loss Payment Condition. If the Loss Payee is not scheduled on the Policy, documentation of such shall be shown on ACORD Certificates of Insurance (or its equivalent) issued by the broker, copies of which, upon request from us will be forwarded and kept on file. If the Loss Payee is not otherwise scheduled on the Policy or on file with us, you must provide this information no later than the time the Proof of Loss is submitted to us. LOSS PAYABLE For"contractor's equipment" in which both you and the Loss Payee have an insurable interest, we will: a. Adjust losses with you; and b. Pay any claim for loss or damage jointly to you and the Loss Payee, as interests may appear. Receipt of payment by you shall constitute a release in full of all liability under this Policy with respect to such loss. Includes copyrighted material of ISO Commercial Risk Services,Inc.with its permission U-CP-693 A(10 02) Copyright,ISO Commercial Risk Services,Inc. 2859 Policy #GL0746614903 Additional Insured - Automatic - Owners, Lessees Or ZUR.1CW Contractors Policy No. Eft. Date of Pol. Exp. Date of Pol. Eft. Date of End. Producer No. Add'I. Prem Return Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured:A+ Environmental Restoration LLC Address(including ZIP Code): This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II —Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or"personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or "your work" as included in the "products-completed operations hazard", which is the subject of the written contract or written agreement. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage" or"personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the 'occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. U-GL-1175-F OW(04/13) Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 2860 C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV— Commercial General Liability Conditions: The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit"as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purposes of the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV—Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV—Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same 'occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III —Limits Of Insurance: The mostwe will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. U-GL-1175-F OW(04/13) Page 2of2 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 2861 c� Waiver Of Subrogation (Blanket) Endorsement ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'I Prem. Return Prem. GLO 7466149-04 05/19/2023 05/19/2024 84338000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from others, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. U-GL-925-B CW(12/2862 Page 1 c