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2nd Amendment 10/16/2024 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: October 22, 2024 TO: Beth Bergh Land Acquisition & Management FROM: Liz Yongue, Deputy Clerk SUBJECT: October 16, 2024 BOCC Meeting The following item has been executed and added to the record: F 1 2nd Amendment to the Contract between A+Environmental Restoration, LLC and Monroe County for the Removal of Invasive Exotic Plants from County Conservation Lands, Adding $175,000 to the Project and Extending the Existing Contract until May 16, 2025. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 AMENDMENT 2 TO CONTRACT . BETWEEN +ENVIRONMENTAL RESTORATION, LLC AND MONROE COUNTY, I IDA THIS SECOND AMENDMENT TO CONTRACT is made and entered into this 16th day of October 2024, between Monroe County Board of County Commissioners (hereinafter "COUNTY" or `BOCC") and A+ Environmental Restoration, LLC (hereinafter "CONTRACTOR"). ITSST : 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 Parties entered into Contract Amendment No. 1 on October 18, 2023 and the Parties mutually agree that the scope of work under said Contract Amendment was completed on May 17, 2024; and WHEREAS,the County has received an additional $150,000 in funding for FY 2024-2025 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. 2 to Contract(hereinafter"Contract Extension") is the second 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 1 additional future funding cycle using a different completion date, based upon the County's receipt of funds specifically for the purposes set forth herein. 4. Exhibit"A"(hereinafter"Scope of Services")to the original Contract is hereby amended to reflect completion of the project work upon the reaching of the maximum amount of $175,000.00, or upon the date of May 16, 2025,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 16, 2025 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 16, 2025, or upon reaching the maximum amount of $175,000. After May 16, 2025, this Contract may be extended by mutual consent upon the same terms for-one (1) 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 IN WITNESS WHEREOF,the parties hereto have caused these presents to be executed on the & day of Qc4oI2y_ 2024. ,;-E j r.1JN',� <�i i,�r�S?.l i ,J''';:;, 'd�(SEAL`)'�,;:.`, , r cam', t •11', a s r�1 s``,`�,,r 1,,�� „' A\TTErSt KEVIN MADOK,CLERK BOARD OF COUNTY COMMISSIONERS ,' COUNTY,FLORIDA OF MONROE COUNTY,FLORIDA �� r,,r� ; .:gin or--04kbig h� ITV,i , '. - . '''''''''''::::::';:''''.'-'1'1;ii., '.,./::1,,':-/.,:irci''''' 0(>4/101.1011. :,,.__________A_____t___________________ y4 'As DeputyClerk Ho Merrill: Raschein,Mayor MONROE COUNTY ATTORNEY • 04P' 2/4!T ,F M (CORPORATE SEAL) ®ate: n Re storation,A+Environmental Restorat on,LLC 7 ' s Age 1011 r tv B .: B �.. i t iritness Si na ure . �:- t 1V1'. Print Name: First.Witness Printed Name By4011111.4,--- ------ , , ....„. ,......, —71 p.groiagr: ---- A)i r,-,..,-A z...: :"-,,,„.. ;::::: Title: i?LQ/ thY1Y -- S and Witness Signature s ) Second•/ 0 U 12/94C/k2:-919.e#2 itness Printed Name - ,-�,, STATE OFrt, — '- 2 7:1:Z --,--? l. N �L,,ca ��. COUNTY OF (:)ZcLA.) -G — r\,) ''...--:' On this ..1&__Lday of 2024, before me the person whose name is subscribed above, and who produced )as identification, acknowledged that he/she is the person who executed t e.above Contract for the purposes therein contained and. di I swear an oath. Nt 4,1 Irio 1,„ No \die 4 Notary Public State of Florida ) NotaryPublic 4,, : Ashley Welker McClelland My Commission HH 449776 I\ , \ . tiiiii�.I� 4 Expires 1/28/2028 Print Name I .h,+ � � Seal My commission expires: _ ;. 3 EXHIBIT A To Amendment No. 2 Dated October 16, 2024 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 16, 2025. 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; 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. SCOPE OF WORK Contractor must comply with all provisions of Florida Fish & Wildlife Conservation Commission's Task Assignment FK-184, 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 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(Jasminumfluminense); 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 trifiblia)and night-blooming cactus(Hylocereus undatus). These and all other invasive exotic species listed by Florida Invasive Species Council(FISC)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). fland 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 jagged 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 Target Species Treatment Method Asiatic colubrina 50%Garlon 3A applied to cut surface immediately after cut or (Colubrinq_Eiatica .. 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 1ppl_ 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 (�chinus terebinthiLbfius) 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 Seaside mahoe 50%Garlon 3A applied to cut surface immediately upon cutting (Thes 1nea) ,pesia o it night-blooming cactus and pull entire plant and physically remove all material from the (ffylocereus undatits) site bowstring hemp Cut and remove blade;treat cut base with 10%glyphosate (Sansevieria hyacinthoides) Technicians shall utilize quart-sized,chemical resistant spray bottles,such as"Spray aster"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 bulbiftra)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 forte 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 Contractors all 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 work site. The project is complete when the total cost per hour reaches$175,000 or on May 16,2025,whichever occurs first. There are no reimbursable expenses. 6 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 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 7 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 16,2025. 8 TASK ASS SIGNMENT NOTFFICWFION FORM FWC CONTRACr NO.23007 Tn*Alwpurou 1*�:FK-184 Doe.0513112024 Conuw*w NUN:Meow,CMMW FWC CoMw Mmqa:lkvid WNW.-W0.617.9427 l0mmactoes Coobw Matula:Beth Bugh-305.2893511 FWC Sim MiumWor.Lk&Kbj-&WRAL W33 Pmjm,rlde.Mowm C.'Awly mmtenswr Tak Dweirfp*w. Novi&wrewwW wpmoWn cawag wjvwn. w accardom wrib obe Swp of Work fm dw dailiq0W ar*s)of to pubim;coomviiiiiwo grid irwd by dw To&Awignmeat Woet dW[ WMi'X WIAW rAMIMUff V19101UNkG111Y qr&VMMI,kwatft aW limurig 100%of On himd in plam mth Owe nw*of a itatntmuin of M of tuBd phm bwft k&5W Wwk dWR be OnWhIMA IPAUU&M WdftdS JUAW M the OKMI 6=06d Task Anqwmmd omp of rM my execoad CI a0sder k4 dw Tak Autguaw "nw FW('C".num Wow rim be lawnive FkM WAUgWOM SWkM MY%ULM MOMMM"S W 6w'rask AssigRwnt alWos Ownw.of Ow mvuft plot VWMNA 9Whfflwd(Mcn ,arm decimm Vz n-add ft ff@iww@ lials spwks,ck=W units w wift bumufAm)Thirftoom. Uader of Iluaavuive IMa.wd Mmnmwnftd Searou my am nwhOkwim to liho Tuk AnWamu wadmung On r=Wxwn=t smw wW&M dur4p w ft, Tem 111wr Commkow is wX Whorkod*pufum wwk an uW WWWW SIM Wdil-umh thm Ps dw FWC wW dwe Conosow balve fiffly m=uftd a Chtinge Owdler liar saki wMidooW wA,Any work pofwaW by the rAMMKIN CWWWY to ths Ta*AWpvwW shill tw at"C4muwWii cAperwo 'M Coomtoc b wAhwftd to iii-BbDimm-m Dekhviriobks- cantracta is to FWA&"S"Strio Vowwwn COMW MVIWXA m puMie conavawn Isrut s3 Wiewbribod wi dic Took AwVmw Swp of Work lExWbh 1) cmumoT V"111 jimirram Vq0ftuun puml Knion Do wl Ymma not 11(mmW to,dmmKxl ucwumg,RrAwUngarll ow. wal,and hoW p4mg wi wAdW per do UiA usigimaW PXC M0 mom-ban contreaw Irog all camotwoll vmrk a repAmd fm each uak ouVimm, 1uvak*2Z n*qnwity and PhancW Coumqwwu An in &On vwk hu bom enmomed by ft CAxamew"rbe @mwom muo re&4 dw Commmon's Qmbut nwrba,the'rosh AsSWURM UWAM,and WW Dotes or Savkc.A1111 d0W1Vd.wppMVM*=M=fttkM mdvdft but uA Ismilud to,chommoll rovoi=2 end ingworawAM wvok.= A RW invomn nuat be submoW upon complet(ion of wcgk wohn rw r=#wom must be ubmdW wA is Aspdge of the buMm wca bowulwy wW a cmom WA essilliamw repuflims V day Cmywmtw materWily bib I*irAwq$,y wkb dw unu end ouWftu„inchdn agy FeduW or Swe VAM r 4 itcpbdoa"dm FWC dwU kmpmrdy. wwold Mb paymm pm. ift conwiDn of do&Twk.nry.AWWWWly,Ruk 60A.-I.006(3X IF. C gwwm. dw,pmeadwe wd conftquerxxs of defaWk IFirimcW cownwoun for dufault by wkw Contwor k wk&NA ut not fim0ad we ft m9dvomml thm Cowwww ffeksbum FWC for impncumnan cam Ts*Asipmad Sw FMe-.,0 7A)I t2,02 4 FiW Tresum,0 r=q&fiw Dow:0841 V2025 Uk Anowwo Typ Plaxed hict Ainuum NcA To Exceed-S�50,000.00 'ToW To*AsOgnmud Vahm S I:Sll, "l ITTmuftType 02 Funift 611,11116 bonz )i q! NCT coulk FRCUIII�CT 7735V,M200 02 979419391000 MONROECOUNW OWRIDA FISH AND WRDLWE CONSERVA71ON COMMISSION Dav Digitally signed by David WNW id WNW Date 2024.08.1215:05:25 -(MW cmum Mwu*ff EWE /Caft Digitally signed by Matt Phillips Matt Ph Date 2024M.1216:00:13 .04'00' I I L-Z ........................................ .................................................................. IPM Secdon aAadmir DaU Aout Kovic MW4*'Clzrk By A� KLspf)rjSjIBj.,;I'j'jIL'S of THE ICON T RAC 71FOR l Upon full execution or die't ask Assygnuw-,m,the Conquacior vall cowchimate vvidi the FWC Site Mamager to establ1wh a unutuallly agueemble wouk schedulle, 2 A Ground Crew Sulxffvv;(lr eunlMoyed by the Contractor,wP11I be presenu at all finiv,%%Jlcn%yodic on.the suue is uumdevway: 3 Gmund Crew Supamisors wEll be responsiblIc fim alll controll acimpties and sarciy on prqKct sotes The Ground Curm SulmuVisou%vilil assum,couturacl crew;ave knowledgeable of and ranwn within pRoparly and oreaqvineno boundmes.Every effout Omit be wde pay the Contractor to avoid damage to native vegeoati on and i,6IIdhfc,, 4 (Jumund(rew Sullmrvisom willll be tv%1EcPde apphetam pcjssc mng courrent.cenirmanon by flint IF loruda Utelmloneira M AgiricullOwe and Consuunei Seivices(IFIDACS)in the Nawrall AireAs categorpes.A copy of each sulmvisofs FDACS cerafication mH be pvovidv:d to the FWC Sote MantiLer pruor to inuupau rwi of siq rvisoury duoues, 5 the rask Assignnmnq; 6 The(.3ro411nd S%qwirvl„ioir shall be responsEhh:for uhe coHectim,recordong,and nuunelN wbmllsmuwn of'aIl daut and repoVrq,,fequIred m%we.eldy intmaIs and at the complIethon or moral areanumenis and Suite a cmnll)lvi[e reimin whIll he submuned to,die Site Manageu dmailling sows treated,nu unbcu and size ofplanQ5 killed,and tylic ofiffeamnent used 'nitsdma willt be irecorded on the FWC"Weekly Progress Report Fouun", 7 Thu,conluar."lot WHII SlIfEctly adhcre to all hcrbmdr:label apphermon precaufioumm) and sar�tystatcunenls, 8.All conto-ol effbins shaIll be at leasi 95'o effccuu%e in priwenont;Irs-tap'araanur oftuemed tauget vegetiown IF950a kd1I rate us not achl eved fnr any area or Ow piroject.sumq(60)d,,.wys afteu pucipect completoon,one addmontd illhorough Turealvivent of the plInno spixies limed undeir"If ro ecv.Cloallq'in the rjuqecl auea%vull be Rhe reqmnsubtfity of the Cormwou aQ no com to the FWC, 9 The(.'ontuacoou shall lmoviudu w6urn4en,flollficatiolim 10 the conlrmcl Manager upon coumpletpon of tueatunont evc.ni(s) It).The Contractor shall ftmvird an,caignud invoice,along vvidl all conrespowidEng Wei-11% lluogress Report If oruns.counpleted and approved,to FWC hivasive I'larit Management,3800 ConiumninweAuh Boulevard,MS'705,Tallahassee,Honda 3?399-Y.000 within thugly y30)%mlong stays of linall umauuaopgungageney approvall. IRIES11 ONSIB111-111 ILS OF W,IFWC SITE.MANAGER l The.SoQc Manager reserves the Ifngglht..to onspect at anv nune uhu Cmwactoir'S pmeeduire,spray mt.con(s).spray solution(si,and other ancAkriuy equupmuw,and To approve optamung tiersonnel lmspewmn,howevev,WM not rdlieve 011ie contractou orari obhgations or respumilhilloneg rim woIll ut.quansferany fiabolity tothr hands Bled under"lluolect Lormion", 2 Ho additional%voTk cam ll:w,added to i1Inq'1Iaqk Awgnivicint without a full)-execipted Chtrunge Order Additional%vouk mchudus addrtionall tgealonent ai[easaii chavige un lureatument methodolo*, 3 rhe site management agency auu horizes F WC 11 nv as Gvo.-,Plant Moumuement quaff to approve invoice lxiymengs of al 11 runds encuumbered undup Q Wis'Fask A ssigKInlent. Pay Ment w3 III be appu oved only fiDw 1hat woffl,approved by the Sne Mauuqer A copy of the approved invoicm wifll be Cwr%ttrded to Me mute manageffnent agTney FWC Contract No.23007,Task Assignment FK-1 84, Exhibit l Scope Of Work Project Information Project Title : Monroe County Maintenance 2 24-2 2 Fiscal Year : 2024-2025 Project Category : Large Treatment Type : Maintenance Task Assignment No : FK-184 Contact Information mm M First Name : et FirstNa e : et �Last Name : erg Last Name : Bergh Adressi 2796 Overseas Fiwy, Suite 400 Aress : on roe County Land Authority 1200 Truman Ave, Suite City : A THAN 207 State : FL City : Key West Zip : 33050 State : F Primary Phone 30 -29-211 zip : 33040 Primary Phone 305-289-631 Email : bergh- eth@monroecounty- fl. ov Email id : bergh-beth@monroecounty.-fl.gov Location Managed Area : Monroe County Managed Areas Total Acreage of Managed Area : 1,606 Lead Agency : Monroe County Regional Working Group : Florida Keys Project Location 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 ridge) 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 4,00 parcels (2,000 acres) of Monroe Co conservation lands. Project Counties lMonroe Directions to re® cote Location A ® Monroe County to hire contractor 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 or 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 17118-82 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,oremail 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(MSS),and a copy of the fully executed work order with as 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 mus jLay wi th. at all times while work is occurring. 5.Ground crew supervisors shall be responsible for the collection,recording,and timely submission of all data and reports required. At regular intervals determined by the Site Manager and at the completion of initial treatment and site 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 Gar in GPS(track setting should collect least often),ora 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. etreatment 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 oft a 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. The Three its 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 I 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 it re to treat 100%of target vegetation and/or conduct retreatment to achieve control level when directed by Site Manager or FWC Project Manager. S 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 Pubcontractors shall be evaluated prior.to.approval. 7 Onacceptable non-target damage. 1.0 8 Unacceptable site disturbance. 1.0 4--5-erbicide contamination/spill. 1.0 10 Failure to maintain communication with Site Manager on progress/problems and work 1.0 initiation or completion. RESPONSIBILITIES OF THE SITE MANAGER 1.The Site Manager shall attend the "pre-quote meeting" for their project(s) to ensure that Contractors have sufficient information about the project area,targeted species,and site conditions in order to provide a reliable quote for the work to be conducted. To assist the Site Manager in preparing for a pre-quote meeting on their property, FWC has created the "Site Manager Checklist." 2. The Site Manager shall be responsible for informing the awarded Contractor about timing of the treatment(s), conflicting scheduled events, and current site conditions that may affect completion of the contracted work. The Contractor is not responsible for any changes to the work specifications that have not been approved by C. 3. Prior to the commencement of an invasive plant removal project, the Site Manager shall address the necessity for a 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 a lack thereof, shall not relieve the Contractor of any obligations or responsibilities nor shall it transfer any liability to the land listed as"Project Location"in the Scope of Work or to C. 5. Before signing the Weekly Progress Report(s), the Site Manager shall verify that the content of the WPR(s) and GPS tracks reflect control operations observed in the field and described in the approved Scope of Work. Exhibit I Description Managed Area : Monroe County Managed Areas Habitat Description See attached PDF document titled, "Natural Communities" u F AI Natural Communities Targeted Plants lather leaf Co u ring asia ica Austral�anTrine Casuarina s tecies e Th rriahpe p�rtla en esia sq ulnea sassed, ��.rt .. ..... .... , , ....P a scae�ola, beach nau aka Scaevola taccad , �razili�n has ine �......._� minu� Jas inu f.. .... . .. lu Inense lead tree Leucaena leucaocelrhala sapodilla anil ara zapota ara us-fern As anus aethicr„pious . .... _ Washingt2gia robpsta , Washin ton fan,p� lrrl lif P anchoe pinnata GT eella CT S a. ._... cant � �. Kal„ ....!� � P .. neticrsla tril ata crsra. n .. ... _.., castor bean �. i.�,!; nee le +t Pus ..... . l vine SS Ant o .s rrifntlfil tropical almond... , Tervinalia ca,tapa ...... ..schefflera umbrella tree j Schefflera actinolphylla (CT)You have selected a species that FWC will only treat on a conditionai basis. You may have to submit a detailed treatment plan, or justify why this species should be included in this project. Please contact either John Kunzer or Jackie smith for guidance. (SS)The species in red are known to be senescent for a portion of the year. While their detectability and/or treats ility may be low daring this senescence, the contractor is still responsible for treating there effectively at the contractual 100%treatment/95% kill rate. Other ar eta Plants Dracaena hyacinthies Snake Plant Selenicreu uatus - Dragon fruit/ hit-fies . iplahaya Tradescantia s athacea Oyster »ant w Unit Treatment History Exhibit 1 2016 G0 �s sale Initial 6. 3h . � S 12 IPM PAP e� 5 50 2 4 10 12 14 1 ri7 IPM BPS A Thes sale Initial' 2017 � L P AP Theses�a Maintena 2d17 15000 2451012141517 IP nce 201$ 4..,, �. ..w .__ .......� .,u _,.._ 00 $ 9 10 12 IPM BP AP Thes esia Initial 2018y 150.00 �.PPer Kos IP All Cat i.& 2 Maintenance s IPM All �,,,,m,�,'Jq ..� .. �� at 1 & 2 Maintenan 201� � 240 00 1 2 4 5 6e7 !3<9 10,12 IP. .. at 1 2 .... maintenance . ... ��.+ ,� nee 2013 200 r � M All C„ .. ... .. .. 2020 400.00 All IPM All Cat 1 & 2 Maintenance 2021 260.00 AIM a _. . ..IPM __. All Cat 1„& 2 a ... ....... ........ Maintenance IPM Initia 2026 yy400 00.., . ... r 9�10��1 12 I P AC Cat & 2!a�.. Maintenance 201 7 70 4 S 6.. All .. 2ZY 0d6 250 00 U er& Lower Ke s IPM API Tat 1 & 2 Maintenance �. _._._ .._ _.. .. .._ , s, , .. .mm........ .. .. . .. hespesia, etc. � Maintenance m . 00 �. � . .� All � __ IPm .. .... B � .... .... 07 i _. _ .. 0 2512 .... , AP, Thes� siay etc Initial 500.00 All IPM All Cat 1 & 2 Maintenance �..,_ .. .._ .,m ...... 208 1Fi 0 2„4m5�1216 IPM P APB, Theses�a Initial 20d 500.00 All IPM All Cat 1 & 2 Maintenance 200J 13.00 2r .�12�116 IPM . pA. a Theses' , ia, etc Initial 4 2,5,12. IPM BP AP, The 2010 500.00 All "IPM m... All C spes�a Initial 11.00 . Cat 1 & 2 Maintenance ,..m , 2011 7.00 5 12 IP P, AP, Thespesia. Initial All Cat 1 2 Maintenance 5 00 � ... . 25e 1,2�, ... ,. P,AP,T hespesaa.. Initial. 2011 5 0 00 All IP 2012 Fs IPM _ 2012 500.00 All IPM All Cat i & 2 Maintenance 2013 500„00„ All IPM All Cat 1 & 2 Maintenance 2014 500.00 All IPM All Cat 1 & 2 Maintenance d15 00 0 All ec t 1 9 7 IPM P, A esia ...m Initial �, � Thes _ . All Cat Maintenance . 20 2 12 IP . , ....... _. ... L, . 9 2015 5.00 2,10,12 IPM BP AP Thes es�a Initial . 2 Maintenance 201 7 0 11 17 18 IP 2 Maintenance 2022 250,00 3, 1 �1 � 7 IPM All Cat 1 -.__. A at 3 00 6,12R�13 1S,iB 20 IPM All Cat 1 & 2 Maintenance 24681112� IPM BP AP Thes I y 20�4. .l .. ., s _� .. P .! M �....... sale Initial ...�..., Unit Description ,COVER CLASS I RANGE(%) : 1) <1% 2) -5% 3)6-25% 4 2 -5 % 5)51-75% )76® % 7)I15-10 % Total Treatment Acres: Addendum III f Exhibit I Specifications STANDARDork Specifications Contractor shall begin treatment where directed by the Site Manager and shall proceed in a systematic manner across contiguous areas to ensure 1 % 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 folir 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 e 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 ofsie dumping and tipping fees. Contractor shall supply all transportation, chemicals, labor, and equipment necessary to accomplish the work assigned, unless otherwise stated in the S (e.g., chemicals may be provided to Contractor). Contractor shall fully complete a Weekly Progress Report ( ) for all time worked on site ands all 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 props ules or repro ucti-ve materials are transported between treatment sites or managed areas. If the project specifications include 2 treatments of grasses, the second treatment ay 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 % of the total expected leaf blade length. Equipment Considerations County to hire contractor; equipment considerations and decontamination protocols will be included in the County's contract with the selected contractor. Other Requirements and Provisions County to hire contractor In accordance with the County's purchasing procedures. The contracted crew will perform the work using hand tools only. Priorities for work include: maintaining previously treated sites; conducting sweeps of 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, 2025. Threatened, etc. Species White-crowned pigeon, Key deer, Lower Keys marsh rabbit, artram's hairstreak butterfly, manchineel, cupania, skyblue clustervine, These areas will not be marked at the time of treatment. Project Time Frame Tinning of the Treatment; No Preference 2 treatments/coon grass only Yes r'e No Does treatment datematter? r°" Yes a No Can treatment occur on weekends? (Required) r,Yes sr No Exhibit I Can treatment occur outside of normal business hours? (Required) (" Yes r. No Exhibit i Uploaded documents for the Proposal d a Monroe County Maintenance Project lovat�on/ roxi ity General location map 4 5 df .� nties 24-25. df "Treat ent area a Natural Commun�fiies Project location maps 2024 25wMonroe County.pdf Treatment area mays Treatment Area Maps i f ƒ\$ {}}\ . ; � f � \ \ui r . \ 017 u CLui ?) u . I r . k 3 • �� \ cc t ® ^ » & of � I Monroe County Maintenance Project 2024-2025 Pre-Bid Location Map N/A—Monroe County to hire contractor MONROE COUNTY MAINTENANCE PROJECT 2024-2025 Natural Communities: The majority of the County's conservation lands to be treated as part ofthe current project are located within one of the units listed below. Note,not all parcels within each unit will be treated: ...................... ................. KEY Approx .. 4 of NATURAL COMMUNITY* Acres to be Treated .......................... .... .......... ............................. .. ...... B i g Cop p i tt Key 47 B u t t o n w o o d Salt marsh;hardwood hammock 2 Upper Sugarloaf 3 Buttonwood/Saltmarsh;hardwood (Indian Mounds hammock;freshwater wetlands .................. Estates............................. ........................................................................................ .............. 5 Surnmerland 32 Buttonwood /Saltmarsh; hardwood 1m....... e..rlandb Est ha mock .................( .... m ..............!��I ... .................... Big Pine 21 Hardwood hammock; Southwest buttonwood/saltmarsh ............................... Cahill Pines .................................................................................................................................................. 9 32 Hardwood hammock ........................... ................................ 10 Big Pine Pal Villa) Hardwood hammock, Ane rockland ........... ............................................. ............... ............. 12 Big Pine Hardwood hammock; Buttonwood Sands saltmarsh ....................... ....................I,.,.. '' ...................................................................... 12 Big Pine 11, Beach berm ....... i0S L n B!�� ....... ..................... ....................................... ........................ch) .......................................... 14 Tavernier 39 Hardwood hammock;buttonwood iPalma Solar wetlands ................................................ 36 Hardwood hanunock;freshwater 16 Key Largo , om)sons) wetlands ......................... ............................................................................................... 17 Key Largo 10 Hardwood hammock ilver Lake Park ......................................... .......................................................... ...........22 Buttonwood / salt marsh;beach berm Total 378 *All units also contain "disturbed" communities MONROE COUNTY 2024-2025 INVASIVE PLANT REMOVAL MAINTENANCE PROJECT Project Location Maps Subject parcels shown in blue hatching,red hatching indicates public conservation lands IT 1-BIG COPPITT KEY ; u I� � ,mm .y„ µ �, rM r UNIT 2 -UPPER SUGARLOAF KEY f®j I � � I i ,4 � r r 3 o is 1 Page I of 5 UNIT 5--SUMERLAND KEY ai � gyp,,�° I uuuuuu uuuuuuuuuuuuu i�iuuuuuu �I j ��11fV N q N �u UNIT 8-BIG PINE KEY S I ,I W rt u, �i i i I I is Its Page 2 of 5 UNIT 9-EDEN PINES, BIG PINE KEY if ,l i a 1; u t rd i f i r k UNIT 10- PALM VILLA, BIG PINE KEY � II i �u' I A 'Y, �r rraaII r i i I I �p u � Page 3 of UNIT 12—SANDS SUBDIVISION, BIG PINE KEY i w w iul V (;I i! I w / I s u r r x �w Vy YI"i, + UNIT 12—LONG BEACH, BIG PINE KEY / aw y M ?f Page 4 of 5 UNIT 14 PALA SOLA,TAVERNIER �i l 1 t 1 J o , r Y .n III Y. 1 UNITS 16& 17—THOMPSONS&SILVER LAKE PARK—KEY LARGO � I v" I Ifs p m Y J�I w I Page 5 of 5 Exhibit 2 TASK ASSIGNiMENT INVOICE REPORTING FORM FVVC CONTRACT NO,23007 Task-Assignment Number: FK-I 84 Invoice 9: Mis form must be submitted with final invoice.Al`(tata fields are required. For each Public Conservation Land(PCL)enter the Individual PCL Treatment Cost using F%%C dollars only.For each target species controlled:enter the nanie(common or scientific),the cover class ror Maintenance and/or Initial acres(per below).the chemical 1}7 of the herbicide used.the 1,,E rate ofherbicide applied,and the total quantity of herbicide(not mix)applied.Enter the total number orumt/FICL acres traversed once for initial(site never treated)or maintenance(any prior treatment)treatments(a single unit cannot be both). First PCL Name: Individual PCL Treatment Cost(using F`%VC funds),$ Initial Acres Initial Coe er Maintenance 'Maintenance Gallons Plant Controlled Traversed Class lyres Co%er Class Herbicide Rate% Applied Traversed Second PCL Name: Individual Pa,Trealment Cost(using F%VC funds):S IminalAcres InitialCover Maintenance Maintenance Gallons Plant Controlled Traversed Class Acres Cover Class Herbicide Rate% Applied traversed Third PCL Name: Individual PCI.Trealment Cost(using F%%C funds):S Plant Controlled Initial Acres Initial Cotter Acres Maintenance Herbicide Rate% Gallons Traversed Class lyresCover Class Applied Traversed FWC Contract No.23007,,rask Assignment FK-184. t1,11ge J f GV�S COURTq c o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: December 7, 2022 TO: Christine Hurley, Executive Director Monroe County Land Authority ATTN: Beth Bergh Land Acquisition&Management FROM: Liz Yongue, Deputy Clerk SUBJECT: November 15th BOCC Meeting Enclosed is the following item,which has been executed and added to the record: I5 Agreement with A+ Environmental Restoration, LLC, in the atnotmt of$120,000 (FWC funding$100,000 and$20,000 local match). for the removal of invasive exotic plants from Monroe County conservation lands. Should you have any questions please feel free to contact me at (305) 292-3550. cc: Cotmty 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 REMOVAL OF INVASIVE EXOTIC PLANT SPECIES FROM MONROE COUNTY CONSERVATION LANDS—MAINTENANCE TREATMENT THIS CONTRACT is made and entered into this 15th day of November ,by MONROE 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 RESPONSIBILITIES 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 OF COMPLETION The services to be rendered by the CONTRACTOR shall be commenced upon written notice from the COUNTY and the work shall be completed in accordance with the schedule mutually agreed to by the COUNTY and CONTRACTOR,unless it shall be modified in a signed document,by the mutual consent of the COUNTY and CONTRACTOR. Subsequent services shall be performed in accordance with schedules of performance which shall be mutually agreed to by COUNTY and CONTRACTOR. 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: Position Hourly Rate in Dollars Certified Crew Supervisor $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 Project Manager,who will review the request. The Project Manager shall note his/her approval on the request and forward it to the Clerk for payment. If request for payment is not approved, the Project Manager must inform the CONTRACTOR in writing that must include an explanation of the deficiency that caused the disapproval of the request. 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 parry 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. 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 is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to any assignment, no assignment will release or discharge the assignor from any duty or responsibility under this agreement. Section 8. NOTICES All notices,requests and authorizations provided for herein shall be in a signed document and shall be hand delivered,or mailed, certified/registered/return receipt requested,or sent by courier service with a signed receipt, to the addresses as follows: To the COUNTY: Beth Bergh, Land Steward Monroe County Planning &Environmental Resources 2798 Overseas Highway, Suite 410 Marathon, Florida 33050 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 parry to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other parry 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 Audit Availability ofRecords. 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 interviews and written confirmations with employees, Subcontractors, suppliers, and contractors representatives. All records shall be kept for ten (10)years after Final Completion of the Project. The County Clerk possesses the independent authority to conduct an audit of Records, assets, and activities relating to this Project. If any auditor employed by the Monroe County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay 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. 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. ATTORNEY'S FEES AND COSTS The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs,investigative, and out-of-pocket \expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts costs, 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 parry 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 parry 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 parry, 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 II, 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 term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of F.S. 448.095 CONTRACTOR agrees to: (1)utilize the US Department of Homeland Security's E-verify system to verify the employment eligibility of all new employees hired by CONTRACTOR during the term of this Contract; and, (2) include in all subcontracts under this Contract, the requirement that subcontractors performing work or providing services pursuant to this Contract utilize the E-Verify system to verify the 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 ,.;u�,www.u��cis,.gov/c 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 112.313, 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 subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CONTRACTOR in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR. Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records,papers, letters or other"public record"materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and 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 parry, 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. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY- BRIAN(a,MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH 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 pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 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. 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 apart 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 failture to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the CONTRACTOR's failure to provide satisfactory evidence. The CONTRACTOR shall maintain the required insurance throughout the entire term 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 CONTRACTOR'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. 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 term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the CONTRACTOR has been approved by the Florida's Department of Labor as an authorized self- insurer, the COUNTY shall recognize and honor the CONTRACTOR's status. The CONTRACTOR may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance,providing details on the CONTRACTOR's Excess Insurance Program. 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 COUNTY's elected and appointed officers and employees harmless from and against(i)any claims,actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees,agents, contractors in any tier or other invitees during the term of this Agreement,(B) the negligence or willful misconduct of Contractor or any of its employees, agents, contractors in any tier or other invitees,or(C) Contractor's default in respect of any of the obligations that it undertakes 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 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 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. The 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 toperform 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 Cod, (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project, (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts,riot, or other civil unrest in the geographic area of the Project, (d)government order or law in the geographic area of the Project, (e) actions, embargoes, or blockades in effect on or after the date of this Agreement, (f) action by any governmental authority prohibiting work in the geographic area of the Project-(each, a "Uncontrollable Circumstance"). CONTRACTOR'S financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within 7 days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. IN WITNESS WHEREOF,the parties hereto have caused these presents to be executed on the�day of%Vem btr 20 22. W } " ' BOARD OF COUNTY COMMISSIONERS . /.;i r c KEVIN MADOK� CLERK WE COUNTY,FLORIDA ` By By As Depu Clerk May ogfe, aig Cates MOpNROEEQCOUNTY ATTORNEY I��OT��OnH—YYnndx�n CHRISTINE LIMBERT•BARROWS ASSISTANT COUNTY ATTORNEY DATE: 10/31/22 (CORPORATE SEAL) A+ENVIRONMENTAL RESTORATION,LLC ATTEST: \ I By V By Jordan De ,President C LD LL-.1 :a :_.i. . _ 1 i 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; 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. 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 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 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 (Jasminum fluminense); Guinea grass (Panicum maximum); Washington fan palm (Washingtonia robusta); sapodilla(Manilkara zapota); sea hibiscus (Hibiscus tiliaceus); castor bean(Ricinus communis);wedelia(Sphagneticola trilobata); oyster plant (Tradescantia spathacea); air potato (Dioscorea bulbifera);red sandalwood(Adenthera pavonina); woman's tongue (Albizia lebbeck); tropical almond(Terininalia 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 jagged 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: 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. 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 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, ATV's, 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, 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. LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO.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.0 10-1990 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: 1012772 STATE OF: Florida COUNTY OF: DeSoto Subscribed and sworn to (or affirmed) before me, by means of N physical presence or ❑ online notarization, on October 27,2021 (date)by Jordan Deriso (name of affiant). He/She is onally known to m or has produced (type of identification) as identification. 6t NOTARY PUBLVC «►Y apt. KRISTAMARDVIGNEMy Commission Expires: June 29,2025 Notary public-StCmmission My Comm.ExpiresBonded through Nation 38 NON-COLLUSION AFFIDAVIT I Jordan Deriso of the County of Desoto according to law on my oath, and under penalty of perjury,depose and say that 1. I am President of the firm of A+Environmental Restoration,LLC the bid der making the Proposal for the project described in the Request for Proposals for Monroe County and that I .................... executed the said proposal with full authority to do so; 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 relating to such prices with any other bidder or 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,to any other bidder or to any competitor;and 4. No attempt has been made or will be 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. (Signature) Date: '10/27/2 STATE OF: Florida COUNTY OF: Desoto Subscribed and sworn to (or affirmed) before me, by means of IN physical presence or 0 online notarization, on October 27 2021 . .......(date)by Jordan Deriso (name of affiant). He/She is 11Y known to me or has produced .......__.. (type of identification) as identification. NOTARY PUBLI .r.�r � Y P KRISTA MARIE VIGNE My Commission Expires: June 29,2025 Notary Public•State of Florida Commission#HH 108049 My Comm.Expires Jun 29,2025 Bonded through National Notary Assn. 39 ACV vnum _DRU9-EHEE WOl2I DI The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Iusiness) 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 about the dangers of drug abuse in the workplace,the business'policy of maintaining a drug- free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 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 ofthe United States or any state,for a violation 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 abuse 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-free workplace through implementation of this section. As the person authorized to sign the statement,I certify that this firm tromp th' above requirements. (Signature) STATE OF: Florida COUNTY OF: DeSoto Subscribed and sworn to (or affirmed) before me, by means of ® physical presence or ❑ online notarization, on October 27,2021 � (date)by Jordan Derisv _ ,(name of affiant). He/She is 150nall known to me or has produced ., .... (type of identification) as itic:rttiticatton. ••�,�• NOTARY PUBLIC KRISTA MARIE VIGNE Notary Public•State of Florida My Commission Expires: June 29,2025 Commission;HH 108049 oae� 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 LC (Proposer's name)nor any Affiliate has been placed on the convicted vendor list within the last 36 months. i (Signature) Date: 10/27/21 STATE OF: Florida COUNTY OF: Desoto Subscribed and sworn to (or affirmed) before me, by means of IX physical presence or El online notarization, on October 27 2021 (date)by Jordan Deriso (name of affiant). He/She is ersonall known to me or has produced (type of identification) as identification. NOTARY PUBLIC KRISTA MARIE VIGNE My Commission Expires: June 29,2025 Notary Public-State of Florida .p` Commission#HH 108OA9 ,d. -r My Comm.Expires Jun 29.2025 Bonded through National Notary Assn. 41 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): Exotic Vegetation Treatment Respondent Vendor Name: A+Environmental Restoration,LLC Vendor FEIN: 81-0876194 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: KRISTA(a�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 Deriso who is authorized to sign on behalf of the above referenced y Authorized Signature: Print Name: Jordan Deriso Title: President Note:The List are available at the following Department of Management Services Site: t,tJy:(/anti !s i ._ciavl ?R la ,zrn./h sin <zl tl cff ( i<:t�.�,ILLLsg 1L�gLye��rm�...4dalp aflon/;asnvicle:.d sus grilled diseHrn znalapE✓ mc(Inl$6 4)ts ue mfor fists 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($10.00)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 50 DATE(MM/DD/YYYY) ACCOR" CERTIFICATE OF LIABILITY INSURANCE 9/17/2024 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 Marsh &McLennan (CLW) PHONE FAX 101 N Starcrest Dr A/C No Ext: 727 447-6481 vc,No):727-449-1267 E-MClearwater FL 33765 ADDRESS: CertsTeam@MarshMMA.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Berkley National Insurance Company 38911 INSURED ENVIRREST01 INSURERB: Berkley Regional Insurance Company 29580 A+ Environmental Restoration LLC 4346 SW Hull Ave. INsuRERc: Bridgefield Employers Insurance Co. 10701 Arcadia FL 34269 INSURERD: Southern-Owners Insurance Company 10190 INSURERE: Evanston Insurance Company 35378 INSURER F: COVERAGES CERTIFICATE NUMBER:1533965513 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 EGL005827510 5/19/2024 5/19/2025 EACH OCCURRENCE $1,000,000 CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $300,000 MED EXP(Any one person) $10,000 APPROVED BY RISK MANAGEMENT PERSONAL&ADV INJURY $1,000,000 a GEN'L AGGREGATE LIMIT APPLIES PER: BY y' GENERAL AGGREGATE $2,000,000 POLICY� PEA LOC DATE 10//1�2024�- PRODUCTS-COMP/OP AGG $2,000,000 OTHER: WAIVER N/A_YES_ $ B AUTOMOBILE LIABILITY Y Y RCA807217910 5/19/2024 5/19/2025 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 UMBRELLALIAB X OCCUR Y Y EUL005827610 5/19/2024 5/19/2025 EACH OCCURRENCE $4,000,000 EXCESS LAB CLAIMS-MADE AGGREGATE $4,000,000 DED X RETENTION$n $ C WORKERS COMPENSATION Y 83055794 7/22/2024 7/22/2025 X PER 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 D Rented/Leased Equipment 20830146 5/19/2024 5/19/2025 600,000 E Pollution CPLMOL123935 5/19/2024 5/19/2025 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 General,Auto,and Excess 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... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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 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. Complete name of certificate holder: Monroe County BOCC and the Monroe County Comprehensive Plan Land Authority and their employees and officials ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 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 7, 2024 Carrier: Bridgefield Employers Insurance Company Effective Date of Endorsement: July 22, 2024 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" Section I. Named Insureds and Insureds ENERGY COMMERCIAL GENERAL LIABILITY POLICY I. NAMED INSUREDS AND INSUREDS A. Named Insureds Each of the following is an INSURED if designated on the Declarations Page of this policy as a NAMED INSURED or satisfies the provisions in Section I.A.6. Newly Acquired or Formed Organizations: 1. Individual: If YOU are an Individual—YOU and YOUR spouse are INSUREDS, but only with respect to the conduct of a business of which YOU are the sole owner. 2. Partnership or Joint Venture: If YOU are a Partnership or Joint Venture — YOU, YOUR MEMBERS, YOUR partners, and their spouses are INSUREDS, but only with respect to the liability arising out of YOUR interest or the conduct of YOUR business. 3. Limited Liability Company: If YOU are a Limited Liability Company—YOU and YOUR MEMBERS are INSUREDS, but only with respect to the conduct of YOUR business. YOUR MANAGERS are also INSUREDS, but only with respect to their duties as YOUR MANAGERS. 4. Other Organization: If YOU are an organization other than a Partnership, Joint Venture, or Limited Liability Company—YOU are an INSURED, but only with respect to the conduct of YOUR business. 5. Trust: If YOU are a Trust—YOU and YOUR trustees are INSUREDS, but only with respect to their duties as trustees to YOU. 6. Newly Acquired or Formed Organizations: Any Newly Acquired or Formed Organization (other than a Partnership or Joint Venture)over which YOU maintain ownership or majority interest will qualify as a NAMED INSURED if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 120th day after YOU acquire or form the organization or the end of the policy period,whichever is earlier; and b. Section II.A. Bodily Injury and Property Damage Liability and Section II.B. Pollution Clean Up Costs do not apply to BODILY INJURY or PROPERTY DAMAGE that occurred, or POLLUTION CLEAN UP COSTS from a POLLUTION INCIDENT that commenced, before YOU acquired or formed the organization. Section II.C. Personal and Advertising Injury Liability does not apply to PERSONAL AND ADVERTISING INJURY arising out of an offense committed before YOU acquired or formed the organization. If YOU own a NON-OPERATING WORKING INTEREST in any oil, gas, or other mineral property, then YOU are a NAMED INSURED, but only with respect to liability arising out of YOUR NON-OPERATING WORKING INTEREST in such oil, gas, or other mineral property. No person or organization is an INSURED with respect to the conduct of any current or past Partnership, Joint Venture, or Limited Liability Company that is not shown as a NAMED INSURED on the Declarations Page. B. Insureds Each of the following is an INSURED with respect to the coverages set forth in Section II.A. Bodily Injury and Property Damage Liability, Section II.C. Personal and Advertising Injury Liability, and Section II.D. Medical Payments of this policy: 1. Additional Insured: Any person or organization whom YOU have agreed in a written contract or written agreement to add as an Additional Insured on YOUR policy or to provide liability insurance for, but only with respect to liability arising out of YOUR operations or liability arising out of premises owned by or rented to YOU. However,no person or organization is an Additional Insured with respect to liability forwhich that person or organization has agreed in a written contract or written agreement to indemnify YOU. EGL1000 03 22 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 32 with its permission. ©2022 Berkley Oil &Gas/Berkley Renewable Energy. All rights reserved. Section I. Named Insureds and Insureds In addition,the written contract or written agreement requiring YOU to include a person or organization as an Additional Insured must be in effect during the policy period and executed before the BODILY INJURY, PROPERTY DAMAGE, or PERSONAL AND ADVERTISING INJURY occurred. Furthermore,the insurance provided will not exceed the lesser of: a. The coverage, terms, and/or limits of this policy; or b. The minimum coverage,terms, and/or limits required by said written contract or written agreement. 2. EmploVees and Volunteer Workers: YOUR EMPLOYEES,but only for acts within the scope of their employment by YOU orwhile performing duties related to the conduct of YOUR business; and VOLUNTEER WORKERS, but only while acting at YOUR direction and performing duties related to the conduct of YOUR business. However, neither YOUR EMPLOYEES nor VOLUNTEER WORKERS are INSUREDS for: a. BODILY INJURY or PERSONAL AND ADVERTISING INJURY: (1) To YOU, to YOUR partners or MEMBERS (if YOU are a Partnership or Joint Venture), to YOUR MEMBERS (if YOU are a Limited Liability Company), to another EMPLOYEE while in the course of his or her employment or performing duties related to the conduct of YOUR business, or to other VOLUNTEER WORKERS while performing duties related to the conduct of YOUR business; (2) To the spouse, child, parent, or sibling of that co-EMPLOYEE or VOLUNTEER WORKER as a consequence of Subparagraph a.(1)above; (3) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Subparagraphs a.(1)or(2)above; or (4) Arising out of his or her providing or failing to provide professional health care services. With respect to BODILY INJURY only, the limitation in Subparagraph a. above does not apply to: (1) YOU or YOUR directors, MANAGERS, MEMBERS, EXECUTIVE OFFICERS, partners, or supervisors as INSUREDS; or (2) YOUR EMPLOYEES, as INSUREDS, with respect to such damages because of first aid services administered by such an EMPLOYEE. b. PROPERTY DAMAGE to property: (1) Owned, occupied, or used by; or (2) Rented to, in the care, custody, or control of, or over which physical control is being exercised for any purpose by; YOU, any of YOUR EMPLOYEES,VOLUNTEER WORKERS, any partner or MEMBER(if YOU are a Partnership or Joint Venture), or any of YOUR MEMBERS(if YOU are a Limited Liability Company). 3. Executive Officers and Directors: EXECUTIVE OFFICERS and Directors to the extent that YOU have EXECUTIVE OFFICERS and Directors, but only with respect to their duties as YOUR EXECUTIVE OFFICERS or directors. 4. Legal Representative: YOUR LEGAL REPRESENTATIVE if YOU die, but only with respect to duties as YOUR LEGAL REPRESENTATIVE. The LEGAL REPRESENTATIVE will have all YOUR rights and duties under this policy. 5. Non-Operating Working Interest Owner: A person or organization owning a NON-OPERATING WORKING INTEREST, but only when YOU have agreed in a written contract or written agreement(including, but not limited to, a Joint Operating Agreement)to provide insurance coverage for the benefit of the person or organization owning a NON-OPERATING WORKING INTEREST in any oil, gas, or other mineral property in which YOU are the OPERATOR. In addition,the written contract or written agreement requiring YOU to include a NON-OPERATING WORKING INTEREST must be in effect during the policy period and executed before the BODILY INJURY, PROPERTY DAMAGE, or PERSONAL AND ADVERTISING INJURY occurred. However,the person or organization owning EGL1000 03 22 Includes copyrighted material of Insurance Services Office, Inc., Page 4 of 32 with its permission. ©2022 Berkley Oil &Gas/Berkley Renewable Energy. All rights reserved. Section I. Named Insureds and Insureds Section II. Coverages and Duty to Defend a NON-OPERATING WORKING INTEREST is an INSURED only with respect to liability arising out of the NON- OPERATING WORKING INTEREST. Furthermore,the insurance provided will not exceed the lesser of: a. The coverage, terms, and/or limits of this policy; or b. The minimum coverage,terms, and/or limits required by said written contract or written agreement. 6. Permissive User of Mobile Equipment: With respect to MOBILE EQUIPMENT registered in YOUR name under a motor vehicle registration law: a. Persons driving such equipment on a public road with YOUR permission; and b. Persons or organizations responsible for the conduct of such persons described in Subparagraph a. above, but only with respect to the operation of the equipment and only if no other insurance of any kind is available to them. However, no person or organization is an INSURED with respect to BODILY INJURY to any co-EMPLOYEE of the person driving the equipment, or PROPERTY DAMAGE to any property owned or occupied by or loaned or rented to YOU or in YOUR charge, or the charge of the employer of any person who is an INSURED under this provision. 7. Real Estate Manager: Any person (other than YOUR EMPLOYEE or VOLUNTEER WORKER) or organization while acting as YOUR Real Estate Manager, but only with respect to their duties as YOUR Real Estate Manager. However, Real Estate Manager does not include any person or organization providing services to YOU with regard to YOUR energy leases including,without limitation, the person commonly referred to as a landman. 8. Stockholders: To the extent that YOU have Stockholders, they and their spouses, but only with respect to their liability as Stockholders. 9. Temporary Custodian: Any person or organization having proper temporary custody of YOUR property if YOU die, but only: a. With respect to liability arising out of the maintenance or use of that property; and b. Until YOUR LEGAL REPRESENTATIVE has been appointed. C. In Rem Action(s) In Rem Action(s)against any watercraft owned or operated by, rented by, chartered by, or loaned to the INSURED will in all respects be treated in the same manner as though the action were In Personam against that INSURED. II. COVERAGES AND DUTY TO DEFEND A. Bodily Injury and Property Damage Liability WE will pay the amounts that an INSURED becomes legally obligated to pay as damages because of BODILY INJURY or PROPERTY DAMAGE caused by an OCCURRENCE to which this policy applies. B. Pollution Clean Up Costs WE will pay the amounts that YOU incur as POLLUTION CLEAN UP COSTS because of a POLLUTION INCIDENT which has commenced at or from YOUR ENERGY SITE or YOUR WORK at an ENERGY SITE, provided the following ELIGIBLE POLLUTION INCIDENT requirements are met: 1. The POLLUTION INCIDENT is both unexpected and unintended from the standpoint of the INSURED; 2. The POLLUTION INCIDENT is abrupt and instantaneous and can be identified as having first commenced on a specific date during the policy period; 3. YOU must take reasonable action to end the POLLUTION INCIDENT as soon as possible; 4. The POLLUTION INCIDENT was known by any INSURED,AGENT,OPERATOR,or ENERGY SITE CONTRACTOR within 30 days of the date the POLLUTION INCIDENT first commenced; and EGL1000 03 22 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 32 with its permission. ©2022 Berkley Oil &Gas/Berkley Renewable Energy. All rights reserved. Section Vill. General Conditions J. Nonrenewal If WE decide not to renew this policy, WE will mail or deliver to the first NAMED INSURED shown on the Declarations Page written notice of the Nonrenewal not less than 60 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. K. Otherinsurance If other valid and collectible insurance is available to the INSURED for a loss WE cover under this policy,OUR obligations are limited as follows: 1. Primary Insurance: a. This policy is primary: (1) Primary Insurance Requirements in a Written Contract: With respect to an Additional Insured for liability arising out of YOUR operations, or liability arising out of premises owned by or rented to YOU, but only if YOU and the Additional Insured have agreed prior to loss, in a written contract or written agreement, in effect during the policy period,that this policy will be primary; (2) Primary Insurance Requirements for Non-Operating Working Interests: With respect to a NON-OPERATING WORKING INTEREST owner, but only if YOU and the NON-OPERATING WORKING INTEREST owner have agreed prior to loss, in a written contract or written agreement, in effect during the policy period,that this policy will be primary; (3) When Excess Does Not Apply: With respect to any INSURED unless Paragraph 2. Excess Insurance below applies. b. If this policy is primary, OUR obligations are not affected unless any of the Other Insurance is also primary. Then,WE will share with all other policies by the method described in Paragraph 3. Method of Sharing below. However, with respect to an INSURED under Paragraphs 1.a.(1) or 1.a.(2) above, if the written contract or written agreement in effect during the policy period requires that this policy be both primary and NON- CONTRIBUTORY,WE will not share with any of the Other Insurance. 2. Excess Insurance: a. This policy is excess over: (1) Any Other Insurance: Any of the Other Insurance,whether primary, excess, contingent, or on any other basis: (a) Your Work: That is Fire, Extended Coverage, Builder's Risk, Installation Risk, or similar coverage for YOUR WORK; (b) Fire: That is Fire insurance for premises rented to YOU or temporarily occupied by YOU with permission of the owner; (c) Tenant: That is insurance purchased by YOU to cover YOUR liability as a Tenant for PROPERTY DAMAGE to premises rented to YOU or temporarily occupied by YOU with permission of the owner; (d) Aircraft,Auto, or Watercraft: If the loss arises out of the ownership, maintenance, or use of any AIRCRAFT, AUTO, or Watercraft to the extent not subject to Section VII.BA., Section VII.C.1., or Section VII.D.16. Exclusions; (e) Non-Operating Working Interest: That is available to any person or organization owning a NON-OPERATING WORKING INTEREST, unless Paragraph 1.a.(2) Primary Insurance Requirements for Non-Operating Working Interest above applies; EGL1000 03 22 Includes copyrighted material of Insurance Services Office, Inc., Page 23 of 32 with its permission. ©2022 Berkley Oil &Gas/Berkley Renewable Energy. All rights reserved. Section Vill. General Conditions (f) Operators Extra Expense/Control of Well: That is Operators Extra Expense, Control of Well, or similar insurance; (g) Pollution: That is Pollution liability insurance or any Other Insurance to cover a POLLUTION INCIDENT; (h) Additional Insured: That is available to any person or organization that is an Additional Insured, unless Paragraph 1.a.(1) Primary Insurance Requirements in a Written Contract above applies. (2) Any Other Primary Insurance: (a) You as an Additional Insured: Any Other Primary Insurance available to YOU covering liability for damages or POLLUTION CLEAN UP COSTS arising out of the premises or operations, or the products and completed operations, for which YOU have been added as an Additional Insured; or (b) Your Non-Operating Working Interest: Any Other Primary Insurance available to YOU covering liability for damages or POLLUTION CLEAN UP COSTS arising out of YOUR NON-OPERATING WORKING INTEREST in any oil,gas,or other mineral property,for which YOU and the OPERATOR have agreed prior to loss, in a written contract or written agreement (including, but not limited to, a Joint Operating Agreement) in effect during the policy period, that the OPERATOR's policy will be primary, or that the OPERATOR's policy will provide insurance coverage for the benefit of YOU as the person or organization owning a NON-OPERATING WORKING INTEREST. b. When this insurance is excess,WE will have no duty under Section II.E.Duty to Defend to defend the INSURED against any SUIT if any other insurer has a Duty to Defend the INSURED against that SUIT. If no other insurer defends, WE will undertake to do so, but WE will be entitled to the INSURED's rights against all those other insurers. c. When this policy is excess over Other Insurance,WE will pay only OUR share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such Other Insurance would pay for the loss in the absence of this policy; and (2) The total of all deductible and self-insured amounts under all that Other Insurance. d. WE will share the remaining loss,if any,with any Other Insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits Of Insurance shown on the Declarations Page of this policy. 3. Method of Sharing: If all of the Other Insurance permits contribution by equal shares, WE will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the Other Insurance does not permit contribution by equal shares, WE will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. L. Premiums The first NAMED INSURED shown on the Declarations Page: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums WE pay. M. Premium Audit 1. WE will compute all premiums for this policy in accordance with OUR rules and rates. 2. Premium shown in this policy as estimated premium is a deposit premium only. At the close of each audit period, WE will compute the earned premium for that period and send notice to the first NAMED INSURED. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the deposit and audit premiums paid for the policy period is greater than the earned premium,WE will return the excess to the first NAMED INSURED. EGL1000 03 22 Includes copyrighted material of Insurance Services Office, Inc., Page 24 of 32 with its permission. ©2022 Berkley Oil &Gas/Berkley Renewable Energy. All rights reserved. Section Vill. General Conditions 3. The first NAMED INSURED must keep records of the information WE need for premium computation, and send US copies at such times as WE may request. N. Representations By accepting this policy,YOU agree that: 1. The statements on the Declarations Page are accurate and complete; 2. Those statements are based upon representations YOU made to US; 3. WE have issued this policy in reliance upon YOUR representations; and 4. YOUR failure to disclose all hazards or prior OCCURRENCES, POLLUTION INCIDENTS,or offenses existing as of the inception date of this policy shall not prejudice the coverage afforded by this policy,provided such failure to disclose all hazards, prior OCCURRENCES, POLLUTION INCIDENTS, or offenses is not intentional or willful. O. Separation of Insureds Except with respect to the Limits Of Insurance, and any rights or duties specifically assigned in this policy to the first NAMED INSURED,this policy applies: 1. As if each NAMED INSURED were the only NAMED INSURED; and 2. Separately to each INSURED against whom CLAIM is made or SUIT is brought. P. Transfer of Rights of Recovery Against Others to Us and Waiver of Subrogation If the INSURED has rights to recover all or part of any payment WE have made under this policy, those rights are transferred to US. The INSURED must do nothing, after the OCCURRENCE, POLLUTION INCIDENT, or offense to impair them. At OUR request, the INSURED will bring SUIT or transfer those rights to US and help US enforce them. However, WE agree to waive OUR right of recovery against any person or organization with whom YOU have agreed, by written contract or written agreement in effect during the policy period and executed before the OCCURRENCE, POLLUTION INCIDENT, or offense,to waive those rights of recovery. Q. Use of Titles The titles to the various sections, subsections, paragraphs, subparagraphs, and endorsements of this policy are intended solely for ease of reference and do not in any way limit, expand, or otherwise affect the provisions of such sections, subsections, paragraphs, subparagraphs, and endorsements. EGL1000 03 22 Includes copyrighted material of Insurance Services Office, Inc., Page 25 of 32 with its permission. ©2022 Berkley Oil &Gas/Berkley Renewable Energy. All rights reserved. COMMERCIAL AUTOMOBILE CA 83 09 09 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PERSONS OR ORGANIZATIONS AS REQUIRED UNDERWRITTEN CONTRACT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following is added under SECTION II— LIABILITY COVERAGE, A. COVERAGE, 1. Who Is An Insured: d. Any person or organization with respect to the operation, maintenance or use of a covered "auto" provided that you and such person or organization have agreed under an express provision in a written "insured contract", written agreement or written permit issued to you by a governmental or public authority to add such person or organization to this policy as an `insured'. However, such person or organization is only an "insured" with: 1. respect to the operation, maintenance or use of a covered "auto", and 2. for"bodily injury" or"property damage" is caused by an "accident" which takes place after; a. "you" have executed the "insured contract" or written agreement ; or b. the permit has been issued to you. All other terms and conditions remain the same. CA 83 09 09 15 Includes copyrighted materials of Insurance Services Office, Page 1 of 1 Inc. used with its permission. COMMERCIAL AUTO CA83100915 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM SCHEDULE Name(s) Of Person(s) Or Organization(s): Any person or organization that meets the conditions set out below. The following is added to SECTION IV BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance: Regardless of the provisions of sub-paragraph a. and sub-paragraph d. of this part 5. Other Insurance, if the scheduled person or organization shown above is provided coverage under this Coverage Form and has available other insurance under which it is the first named insured then this insurance is primary to that person or organization and we will not seek contribution from that other insurance only if: 1. A written contract or agreement between you and that scheduled person or organization, requires this insurance to be primary and non-contributory and 2. The written contract or agreement between you and that scheduled person or organization, is signed and executed by you before the bodily injury or property damage occurs and is in effect during the policy period. CA 83 10 09 15 Includes copyrighted material of Insurance Services Office, Inc., Pagel of 1 with its permission. COMMERCIAL AUTO CA 83 22 FL 02 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENT - BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) - FLORIDA This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM The following is added to A. Loss Conditions, 5. Transfer of Rights Of Recovery Against Others To Us under SECTION IV- BUSINESS AUTO CONDITIONS: We waive any right of recovery we may have against any person or organization 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. The waiver applies only to the person or organization designated in such contract. CA 83 22 FL 02 11 Includes copyrighted material of Insurance Services Office, Inc.,with its permission Page 1 of 1