Loading...
10/30/2024 Agreement Monroe County Purchasing Policy and Procedures ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT,SUMMARY FORM FOR CONTRACTS $100,000,00 and Under Contract with- Supreme Organics,, LL Effective Date: see terms below' Expiration Date: September 30,2026 Contract Purpose/Description: Monthly Maintenance Groundskeeping at Marathon Public Library Branch 3490 Overseas Highway, Marathon and Emergency Operations Center 7280 Overseas Highway, Marathon October 2024-September 2[l25 Contractor shall,ooerrmence performance withlmten(1 b)calendar days of date of issuance of a Notice to 0rooeed,Purchase order,;or Task Order. Once commenced,Contractor shall diligently continue performance until comply tiorT of Project, This contract term expires on.Sept 30,2025. Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: John T,Null 81036 Facilities Maintenance CONTRACT COSTS Total Dollar Value of Contract: $ 21 6i� 00 Current Year Portion: $ (must be$100,000.00 or less) (If multiyear agreement then requires BOCC approval,unless the gostfl cunmk e wrnomfl Ld E'd00,000 i0 or Budgeted? Yes❑■ No ❑ Grant: $ County Match: $ Fund/Cost Center/Spend Cate 20501 00061 ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e.g. maintenance,utilities,janitorial, salaries,etc.) Insurance Required: YES NO ❑ see page 28 of RFS for Certificate of Insurance approved by Risk Management CONTRACT REVIEW Reviewer Date In Department Head Signature: William Desantis Patricia Eables Digitally S'9"edby Patricia Eabl- County Attorney Signature: Date.2024.102417.11.30-04•00• Risk Management Signature: Abreu Purchasing Signature: Lisa Abreu Digitally 20241028y 05 27-0 Date zoza.l0 2810stz7-oa•00• John Quinn Digitally aigried by John Ouinn OMB Signature: Date 2024.10 28 11'10 33-04•00• Comments: Revised BOCC 4/19/2023 Page 84 of 105 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR SERVICES FOR Monthly Maintenance Groundskeeping at Marathon Public Library Branch 3490 Overseas Highway, Marathon and Emergency Operations Center 7280 Overseas Highway, Marathon October 2024 - September 2025 r�}yr BOARD OF COUNTY COMMISSIONERS Mayor Holly Merrill Raschein Craig Cates,District 5 Mayor Pro Tern James K. Scholl, District 3 Craig Cates, District I Michelle Lincoln, District 2 David Rice, District 4 COUNTY ADMINISTRATOR Christine Hurley Clerk of the Circuit Court Facilities Maintenance Director Kevin Madok William DeSantis September, 2024 PREPARED BY: Monroe County Facilities Maintenance Department Page I of 30 Monroe County Facilities Maintenance General Scope of Work Job Name:Monthly maintenance groundskeeping at the Marathon Public Library Branch and Emergency Operations Center Job Locations: Marathon Public Library Branch 3490 Overseas Highway, Marathon, FL 33050 and Emergency Operations Center 7280 Overseas Highway,Marathon,FL 33050 Contact: John T.Null or Jessica Morris John T. Null null-iolingmonroecounty-fl.gov 305-587-8036 Jessica Morris morris-iessica,,@&,monroccouty-fl.gov 305-289-6036 PROJECT OVERVIEW PROJECT INTENT AND SCOPE GENERAL REQUIREMENTS 1. Project Overview A) Monroe County("County"or"Owner")shall enter into a contract with a qualified Contractor to provide monthly maintenance groundskeeping at the Marathon Public Library Branch,located at 3490 Overseas Highway, and Emergency Operations Center, located 7280 Overseas Highway, with both locations being in Marathon, Florida ("Project"). The terim of this contract shall commence within ten (10) calendar days after the date of issuance to the undersigned by Owner of the Notice to Proceed/Purchase Order/Task Order. Once commenced, the undersigned shall diligently continue performance until completion of the Project. The undersigned shall accomplish Final Completion of the Project thereafter within One (1) year, with an expiration date of September 30,2025, for the contract term. Page 2 of 30 The Contractor shall be required to secure and pay for all required permits and approvals to perform the work which may include: Monroe County Building Department,the City of Marathon Building Department, and any other permitting or regulatory agencies, if applicable. Contractor shall include those permit fees as a part of the Contractor's bid. B) All quotes are due by Monday,September 23,2024,at 12:00 P.M.,via email to Morris-Jessica@monroecounty-fl.gov. All Quotes must state they will be good for one hundred twenty (120)calendar days from submittal due elate. 2. Project Intent and Scope Scope of Work: The Contractor sliall provide the following Scope of Work and provide alI labor and materials to perform monthly maintenance groundskeeping at the Marathon Public Library Branch and Emergency Operations Center: • Mowing grass in all areas • Weeding around rocks and trees • Re-defining flower beds and grass areas • Edge walkways • Trimming all hedges and shrubs • Cleaning all flower beds and removing dead leaves • Trimming and shaping buttonwood trees • Power blowing parking lots and walkways • Weed control on entirety of both properties • Pick up and removal of all debris for proper disposal off property 3. Ceneral Requirements A) The Contractor shall coordinate all activities with the Monroe County Facilities Maintenance Department contact: JT Null at 305-587-8036 or Jessica Morris at 305-304-5437 B) The Contractor is required to provide protection for all existing surfaces including, but riot limited to: i. Existing fixtures ii. Personal Items iii. Floors iv. Vehicles and Personal Property V. Landscaping Page 3 of 30 Q The Contractor xhuU ensure that o|| non-cxcnnpt employees 0xUbis effort are compensated in accordance with all State and Local Laws. D) The Contractor xhu|| iuud' buuL and properly dispose of all construction dchdx and nuatedu|m. E] The Contractor shall provide and maintain appropriate (OSHA required) touy{,uodoo warning signs and barriers. F) The Contractor shall furnish all rnguirod work site safety cguipnoouL G) The Contractor sbo|| furnish and maintain on-site material safety data sheets (k43DS) for all materials used in the cousinuction. 0D Construction-work times shall hc limited to: Specified 6v the County l) All materials must be approved hvsubmittal priorto commencement*fwork. Jl The Contractor shall provide u|unupaum pricehyMonday,Smptembur23,20%4,a11Z:00 P.M.,via email usnoted herein. K) The Contractor needs to be aware of weather and location and plan accordingly. KJ The Cnoinmtoc needs to he aware of the facility, its residents, and staff with uousou| oohndu|es and plan accordingly. M\ The Contractor shall provide uxchodu|n for all phases ofthe project. N> If applicable, Contractor ahuU provide paper or electronic copies of all original device specifications,warranties,maintenance schedules,shop drawings,permits,repairand maintenance contacts, and any other iofbonohou necessary for the proper function and cnuiutnooucu of the equipment. 0) The Contractor shall coordinate all activities with ooucuouu(site work being,performed, i[ any. P) IonumuooRoguiromeuta: Workers Compensation SLu1u(wryLinoiio Employers' Liability $|OO'O00 Bodily Injury by &xcidoni $500,000 Bodily l jury6vWsmse,po|icyUmdy $lO0,O0O Bodily i 'ory6v Disease,each cmy}oyco General Liability $200,00U per Pet-son $3OO.0U0 per Oocurruuco page 4of3O $200,000 Property Damage or $300,000 Combined Single Limit Vehicle: $200,000 per Person (Owned, non-owned, $300,000 per Occurrence and hired vehicles) $200,000 Property Damage or $300,000 Combined Single Limit Builders Risk Not Required Construction Bond Not Required The Monroe County Board of County Commissioners, its employees and officials, 1100 Simonton Street,Key West,Florida 33040, shall be named as Certificate Holder and Additional Insured on General Liability and Vehicle policies. A"Sample"Certificate of Insurance is attached, which may not be reflective of the insurance amounts required for this project but is provided for "informational purposes" only. Q) The Contractor is required to have all current licenses necessary to perform the work and shall submit the Contractor's License and Monroe County Business Tax Receipt along with its Proposal. If the Contractor is not a current registered Monroe County Vendor, then it shall also submit a properly completed and executed W-9 Form. R) INDEMNIFICATION, HOLD HARMLESS, AND DEFENSE. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the Contractor shall defend, inderrrnify 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 the Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of the Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) the Contractor's default in respect of any of the obligations that it undertakes tinder the terms of this Agreement,except to the extent the claims,actions,causes of action,litigation,proceedings,costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than the Contractor).The monetary I imitation of liability Linder this contract shall be equal to the dollar value of(lie contract and not less than$1 million per occurrence pursuant to Section 725.06, Florida Statutes. The limits of liability shall be as set forth in tine insurance requirements included in Paragraph 3 P. herein. 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. Page 5 of 30 In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the County's sovereign immunity. S) NON-COLLUSION. By signing this proposal, the undersigned swears,according to law on his/her oath, and under penalty of perjury, that their firm executes this proposal with prices 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. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening_ directly or indirectly, to any other proposer or to any competitor. No attempt has been made or will be made by the proposer to induce any other person,partnership or corporation to submit, or not to submit a proposal for the purpose of restricting competition.The statements contained in this paragraph are true and correct,and made with the full knowledge that Monroe County relies upon the truth of the statements contained in this paragraph in awarding contracts for this project. T) EMPLOYMENT OR RETENTION OF FORMER COUNTY OFFICERS OR EMPLOYEES. By signing this proposal, the undersigned warrants that he/she/it has not employed, retained, or otherwise had act on his/hers/its behalf any former County officer or- employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price,or otherwise recover,the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. U) CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; anti disclosure or use of certain information. Page 6 of 30 V) DRUG-FREE WORKPLACE. By signing this proposal, the undersigned certifies that the contractor complies fully with, and in accordance with Florida Statute, Section 287.087, the requirements as follows: 1) They will publish a statement notifying employees that the Unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specify the actions that will be taken against employees for violations of Such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drUg-free workplace,any available drL[cl Counseling,rehabilitation, and employee assistance programs,and the penalties that may be imposed upon employees for drug abuse violations. 3)Give 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, notify the employees that, as a condition of working on the commodities or contractual services that are tinder 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 contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled Substance law of the United States or any state,for a violation Occurring in the workplace no later than five(5) days after such conviction. 5)Impose a sanction on,or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, for any employee who is so convicted. 6) Make a good faith effort to continue to maintain a C111111-111-Ce workplace through implementation of this section. ADDITIONAL CONTRACT PROVISIONS 1) Nondiscrimination/Equal Emplovrrient Opportunity. The Contractor and County agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the COLirt order. Contractor agrees to comply with all Federal and Florida statutes,and all local ordinances,as applicable,relating to nondiscrimination. These include but are not limited to: t)Title V11 of the Civil Rights Act of 1964 (PI, 88-352) which prohibits discrimination in employment on the basis of race, color, religion,sex,or national origin; 2)Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3)Section 504 of the Rehabilitation Act of 1973,as amended(20 USC s.794),which prohibits discrimination on the basis of disability; 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 VIll of the Civil Rights Act Page 7 of 30 Z:� of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing Of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article 11,which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status Or age; and 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to,or the subject matter or, this Agreement. 11) Termination Provisions. A. In the event that the Contractor shall be found to be negligent in any aspect of service, the County shall have the right to terminate this agreement after five (5) days' written notification to the Contractor. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60)days' written notice of its intention to do so. C. Termination for Cause and Remedies: In the event of breach of any contract terms, the County retains the right to terminate this Agreement. The County may also terminate this agreement for cause with Contractor should the 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, COL111ty shall pay Contractor the sum due the Contractor Linder this agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract;however,the County reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to Contractor shall not in any event exceed the spending cap in this Agreement. In addition, the County reserves all rights available to recoup monies paid Linder 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 seven (7) days' notice to Contractor. If the County terminates this agreement with the Contractor, County shall pay Contractor the sum due the Contractor under this agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract.The maximum amount due to Contractor shall not exceed the spending cap in this Agreement. In addition, the County reserves all rights available to recoup monies paid Linder 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 Art. IX, Section 2-721 et al. of the Monroe County Code. E. Scrutinized Cornp-mies: For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification Linder 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 Page 8 of 30 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. 111) Maintenance of Records. The Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven(7)years from the termination of this agreement or in accordance with the State of Florida retention schedules (https://dos.fl.gov/library-archives/records-management/general-records-schedules, whichever is greater. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to Such records of each other party to this Agreement for public records purposes during the term of the Agreement and the applicable retention period following the termination of this Agreement. IV)Right to Audit. Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy,as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessfid bidders,bid recaps,bidding instructions,bidders list,etc.);original estimates; estimating work sheets;correspondence;change order files(including documentation covering negotiated settlements);back charge logs and supporting documentation;general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner 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 Owner's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties, or obligations Linder 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 Owner's representative and/or agents or owner or the County Clerk. Owner 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. The County Clerk possesses the independent authority to conduct an audit of records, assets, and activities relating to this Project. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor,the Contractor shall repay the monies together with interest calculated pursuant to See. 55.03 of the Florida Statutes, running from the date the monies were paid to Contractor. The right to audit provisions survive the termination or expiration of this Agreement. Page 9 of 30 C� V) Payment of Fees/Invoices. County shall pay pursuant to the Florida Local Government Prompt Pay►nent Act, Fla. Stat., Sec. 218.70, upon receipt of a Proper Invoice from the Contractor. Payments due and Unpaid Linder the Contract shall bear interest pursuant to the Florida Local Government Prompt Payment Act. The Contractor is to Submit to the County invoices with supporting documentation that are acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted accounting principles and Such laws, rules, and regulations as may govern the Clerk's disbursal of ftinds. Invoices shall be submitted to Monroe County Facilities Nlaintellance Department, Attention: Jessica Morris,via email at Morris-Jessica(a),monroecountv-fl.eov. The County is exempt from sales and use taxes. A copy of the tax exemption certificate will be provided upon request. Final payment shall be made by the County,as the Owner,to the Contractor when the Contract has been fully performed by the Contractor and the work- has been accepted by the County. VI)Ptiblic Records Compliance. The 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 tinder 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 teens of this provision in the form of a court proceeding and shall,as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding.This provision shall Survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Fla. Stat., See. 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 request 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 Page 10 of 30 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 Canty 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 fi-oni 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 shalt not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE NO. 305-292-3470, BP,ADLEY-BRIANna,MONROECOUNTY-FL.GOV,MONROE COUNTY ATTORNEY'S OFFICE, 1111 12 TH Street, SUITE 408, KEY WEST, FL 33040. VII) E-Verify Systern. Beginning January 1,2021, in accordance with Fla. Stat.,Sec.448.095, the Contractor and any subcontractor shall register with and shall utilize the U.S.Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization 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 Page 11 of 30 subcontract with all unauthorized alien,The Contractor shall comply with and be Subject to the provisions of Fla. Stat., Sec. 448.095. V111) Notice Requirement. Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, postage prepared,or by Courier with proof or delivery. Notice is deemed received by Contractor when hand delivered by national Courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non- acceptance of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. -Notice shall be sent to the following persons: For Contractor: 9AKerne O(CiClOiCS L,(,C, bl3hq ,9140 Me I'S11 SOVIPA Se vceS I "i 1W u N Urome nd FmO(k Wf-640n- El, 3332tr For Owner: Facilities Maintenance Department Attention: John T. Null 10600 Aviation Blvd. Marathon, FL 33050 And Monroe County Attorney's Office 1111 12 lh Street Suite 408 Key West, Florida 33040 IX) Uncontrollable Circumstance. Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond Such Party's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not),terrorist threats or acts,riot,or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, z:' T' 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 ormaterials,components,or services,market conditions,or Supplier actions Page 12 of 30 or contract disputes will not excuse performance by Contractor Linder this Section. Contractor shall give County written notice within seven (7) days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance,or as soon as possible after such Uncontrollable Circumstance has occurred if reasonably anticipated, 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 tinder this Agreement. The County will not pay additional cost as a result of an Incontrollable Circumstance.The Contractor may only seek a no cost Change Order or Amendment for such reasonable time as the Owners Representative may determine. X) 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. This Agreement is not Subject to arbitration. This provision does not negate or waive the provisions of Sections 1, Nondiscrimination, or Section 11, concerning termination or cancellation. Page 13 of 30 PROPOSAL FORM PROPOSAL TO: Monroe County Facilities Maintenance 10600 Aviation Blvd. Marathon, FL 33050 PROPOSAL FROM: — GS-i�SLC. J161-P ct S dtceS � y MSI'nr% FL 3332,U The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal,and Addenda thereto and other Contract Documents for the construction of: Monthly Maintenance Groundskeeping at Marathon Public Library Branch 3490 Overseas Highway, Marathon and Emergency Operations Center 7280 Overseas Highway, Marathon October 2024 - September 2025 and having carefully examined the site where the Work is to be performed,having become familiar with all local conditions including labor affecting the cost thereof,and having familiarized himself with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the Work, does hereby propose to furnish all labor, mechanics, superintendents, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete said Work and work incidental hereto, in a workman-like manner, in conformance with said Drawings, Specifications, and other Contract Documents including Addenda issued thereto. The undersigned further certifies that he/she has personally inspected the actual location of where the Work is to be performed,together with the local sources of supply and that he/she understands the conditions under which the Work is to be performed. The proposer shall assume the risk of any and all costs and delays arising from the existence of any subsurface or other latent physical condition which could be reasonably anticipated by reference to documentary information provided and made available, and from inspection and examination of the site. The undersigned agrees to commence performance of this Project within Ten (10)calendar clays after the date of issuance to the undersigned by Owner of the Notice to Proceed/PUrchase Order/Task Order. Once commenced, undersigned shall diligently continue performance until Page 14 of 30 completion of the Project. The undersign ed shall accornplish Final Completion of the Project thereafter within One (1) year with an expiration date of September 30, 2025, for the contract term. The Base Proposal shall be furnished below in words and nuinbers. If there is an inconsistency between the two,the Proposal in words shall control. TU12A4 �P 1a Gad sly IT'vocil-ccl Dollars. (Total Base Proposal- words) $ z I I u 00.-CPO Dollars. (Total Base Proposal —numbers) I acknowledge Alternates as follows: N/A I acknowledge receipt of Addenda No.(s) or None No. Dated No. Dated Page 15 of 30 In addition, Proposer states that he/she has provided or will provide the County, along with this Proposal, a certified copy of Contractor's License, Monroe County Business Tax Receipt, and Certificate of Insurance showing the minimum insurance requirements for this project. Execution by the Contractor must be by a person with authority to bind the entity. By signing this agreement below, the Contractor has read and accepts the terms and conditions set forth by the Monroe County General Requirements for Construction found at the link on the Monroe County web page: http://fl-monroecounty.civicp1us.coin/Bids.aspx?CatlD=18: AND accepts all of the terms and conditions and all Federal required contract provisions herein. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives, as follows: Contractor: ....... .�aes (1 �� Cal , Mailing Address: WIN �10rn rce ?Ar4w" Phone Number: �� 1 3��(Qu ' E.I.N.: �" - 27,Le !q Email: --W 1 kYl Date: < < Signed: Name Tide Contractor's Witness signature: Witness name: Jeoig sh I M Date: The County accepts the above proposal: MONROE COUNTY, FLORIDA Christine Hurley Date:l02 .1signed by 012:3 :53-0 '00' 10/30/2024 Date:2024.10.30 12:36:53-04'00' Date: of BY: County Administrator mmm. or MONROE COUNTY ATfORNEY'S OFFICE NA� a M Page 16 of 30 � PATRICIA EA LES asetsTI/?� zi`�n°p" . NON-COLLUSION AFFIDAVIT 1, AQ(YTS PC( MTC I I of the city of So,,r wesi PQrcks according to law on my oath, and under penalty of perjury, depose and say that: 1 1 am Q I MQ10. of the firm of Q(QginieS W010 Suprome UndfCcaDlim Seirvicrc the proposer making the Proposal for the project described in the nloti for calling for proposals for: and that I executed the said propos&I with full authority to do so; 2. The prices in this proposal have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor; and 3. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposerand will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly,to any other proposer or to any competitor; and 4. No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit, or not to submit, a proposal for the purpose of r cting competition; and purpose 5. The state ents ntained in this affidavit are true and correct, and made with full knowled e that M nroe County relies upon the truth of the statements contained in this idavit in a ding contracts for said project. !TI - q1/,q I m - (Signature of ron6ser) (Date) STATE OF: COUNTY OF: V'J a(Ck Subscribed and sworn to (or affirmed) before me, by means of lif"physical presence or 0 online notarization, on (date)by r:LQ u e_c n e'(f (name of affiant). He/She is personally known to me or has produced (type of identification) as identification, NOTARY PUBLIC ta*a My commission expires: rella suu r,97UR (SEAL) -T:t U011KII., Expires:Jul.20,2028 Notary Public.Slate of Flofida Page 17 of 30 SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE ( poicS LLC bJM19 prfme I-godgma)jA Sfa. ," V (Company) warrants that he/she/it has not employed, retained or otherwise had act on his/her/ its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this pro i ion he County may, in its discretion, terminate this contract without liability and may also i its discretion, deduct from the contract or purchase price, or otherwise recove , the full mount of any fee, commission, percentage, gift, or consideration paid to the fo er Cou t icer or employee". (Signatu e) Date: � U STATE OF: COUNTY OF: �"- Vj a Subscribed and sworn to (or affirmed) before me, by means of 54hysical presence or 0 online notarization, on --------J--20 (date) by 2awel 1`10- w (name of affiant). He/She is ,p2js�nail known_tom or has produced as identification. (Type of identification) NOTARY PUBLIC AureM WnIca My commission. fO:—oemm uu OTUA Expires Jul.20,2028 (SEAL) Notary public-State of Florida Page 18 of 30 DRUG-FREE WORKPLACE FORM The unders ed vendor in accordance with Florida Statute, Sec. 287.087 hereby certifies that: tpceme otwoics ux. b1gliq s ry i re (Name of Business) I Publishes a statement notifying employees that the tinlawfiil 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's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are tinder proposal a copy of the statement specified in subsection(1). 4. In the statement specified in subsection (1), notifies the employees that,as a condition of working on the commodities or contractual services that are tinder proposal,the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893(Florida Statutes) or of any controlled substance law of the United States or any state,for a violation occurring in the workplace no later than five(5)days after such conviction. 5. Impose a sanction on, or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, for 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 t tthisfin cornplies fully with the above requirements. (i r_V s is Signature q ),Zq Date STATE OF: C�_ COUNTY OF: c 6 WCL CCE Subscribed and sworn to or affirmed)before me,by means of ,physical presence or 0 online notarization,on 0� - a�, a Ll (date) by_,�7akit,4 ho_Aono.(-_,1Y_ (name of affiant). He/She is personally known to me or has prMiced (type of identification) as identifleatioal.,�, NOTARY PUBLIC (SEAL) My CornmissiQn.,,�_ �,�pires: 5�, AU 0#8 Stanle2r Comm.:HH 527348 Expires:Jul.20,202 N ofAT Public•-State of Flo t,4ge 19 of 30 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list." I have read the above and state that neither ,Aaft,� WbonneJ I (Proposer's name) nor any Affiliate d n t has been laced he convicted vendor list within the last thirty-six (36) months. (Si nat re Date: STATE OF: a' CQ C;k— COUNTY OF: VJ a rzk_ Subscribed and sworn to (or affirmed) before me, by means of Plphysical presence or El online notarization, on the — (9q da Of SU­KttLLDer) 20 y m_, b a e-i Fe— L 0 0 e-81 (name of affiant). tie/She is personally r has produced (type of identification) as identification. My Commission Expires: ALKeM Stanioa Comm,;HH 527348 NOTARY PUBLIC Ag.2o,2028 State of Flodda (SEAL) Notary Public Page 20 of 30 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project ` -- - -,X. ge(ViceC. Vendor's Authorized Representative Name and Title: JQrre,& H cbmc&I - C $4(3 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 Statutau, or is engaged in o Boycott of |enaei Section 287.136. Florida Stetuteo, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods orservices of$1.O0O.O00 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the |:sn Terrorism Sectors List which were created pursuant to Section 215.473, Florida Statuhee, or is engaged in business operations in Cube or Syria. As the person authorized to sign on behalf of Respondent, | hereby oertily that the company identified above in the Section entitled"Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List orengaged in o boycott of |enae| and Projects of$1.O0O.O0O or more is not listed on either the Scrutinized Companies with Activities in Sudan List,the Scrutinized Companies with Activities in the Iran Terrorism Sectors 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, sd the option of the COUNTY, if the company ie found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged inoboycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Terrorism Sectors List or been engaged in business operations in Cuba orSyria. Vendor has reviewed Section 187.135, Florida Stotuhae, and in accordance with such provision of Florida |ew, is eligible tobid on, submit proposal for, or enter into or renew a contract with Monroe County for goods orservices. Authorized Certified BY: / J a -Af C L\on ne, who is authorized to sign Print Name: Nota:ThoUstamoveiladetMhefollowingDepartmondofMenagementServiooaSite ended discriminatory comolaints vendor lists Page%2o[3O AFFIDAVIT ATTESTING 1[OPVONCOERCK9E CONDUCT FOR LABOR OR SERVICES Entity/Vendor N vlcr[ VeodorFE0N Vendor's Authorized Representative: (Narne and Title) Address: Pot(V—v.4W Phone Number: (9N) S41- Ij As a nongovernmental entity oxocudu�, renewing, or extending u contract with u government entity, Vendor iaceguiredto provide ou affidavit tinder penalty nfperjury uttoodog that Vendor does not use coercion for labor or services in accordance with Section 787.06, Florida Statutes. As defined in Section 7Q7.O6(2)(o),coercion means: l. Using orthreatin8to use physical force against any person; 2. Restraining, isolating, or confining or threadnQ to restrain, isolate, or confine any person without lawful authority and against her nr his will; 3. Using lending or other credit methods to establish a debt byany person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt,the length and nature of the labor or service are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, vvithho|ding, or possessing any actual or purported passport, visa, or other immigration document,or any other actual or purported government identification document,of any person; 5. Causing orthrenUngto cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit;or 7. Providing a controlled substance as outlined|n Schedule |ur Schedule|| of Section A93.O3to any person for the purpose uf exploitation of that person. As a person aLithorized to sign on behalf of Vendor,I certify Linder penalties of perj Liry that Vendor does not osu coercion for labor or onrvimua in accordance with Section 787.06. Additionally, Vendor has reviewed Section 787.00,Florida Sto1uion` and agrees to abide by aocua. .p/ko is authorized to sign on be f of the ve referenced company. Authorized Signature: Print Name: Title: ce 0 - Page 3% of30 FOREIGN ENTITIES AFFIDAVIT F.S.287.138 I, ,01MGS kC bMM I I of the city of SW Rgrr1(*4$ according to law on my oath,and under penalty of perjury,depose and say that: a. I am a Cie of the firm of $yp( A ©fea11(CS f D�g SAW"1.a11dr.SOU, ("Entity"), the bidder making the Proposal r the project described in the Request for Proposals for SCq 1 ftkw(1C-e and that I executed the said proposal with full authority to do so; b. The Entity is not owned by the government of a foreign country of concern as defined in Section 287.138,Florida Statutes.(Source: §287.138(2)(a),Florida Statutes); C. The government of a foreign country of concern does not have a controlling interest in Entity. (Source:§287.138(2)(b),Florida Statutes); d. Entity is not owned or controlled by the government of a foreign country of concern,as defined in Section 692.201,Florida Statutes.(Source:§288.007(2),Florida Statutes); e. Entity is not a partnership,association,corporation,organization,or other combination of persons organized under the laws of or having its principal place of business in a foreign country of concern, as defined in Section 692.201,Florida Statutes,or a subsidiary of such entity.(Source:§288.007(2), Florida Statutes); f. Entity is not a foreign principal, as defined in Section 692.201, Florida Statutes. (Source: § 692.202(5)(a)(1),Florida Statutes); g. Entity is in compliance with all applicable requirements of Sections 692.202,692.203,and 692.204, Florida Statutes. h. (Only applicable if purchasing real property) Entity is not a foreign principal prohibited from purchasing the subject real property.Entity is either(a)not a person or entity described in Section 692.204(1)(a), Florida Statutes, or (b) authorized under Section 692.204(2),Florida Statutes, to purchase the subject property.Entity is in compliance ' the requirements of Section 692.204, Florida Statutes.(Source:§§692.203(6)(a),692.204 )(a), lorida Statutes) i. The statements contained in this affidavit are true nd corre t, and made with full knowledge that Monroe County relies upon the truth of the sta ements c utained in this affidavit in awarding contracts for said project. (Sign Date:.---/. Z Z. STATE OF: Jj COUNTY OF: a at Subscribed and sworn to(or affirmed)before me,by means of Mphysical presence or D online notarization,on J ay (date)by,�C G -e4 M0_ o41C( (name of affiant). ;LWShe is personally known to me or has produced (type of identification)as identification. v NOTARYPUBLIC AU''11rOM'' SWiCa My Commission Expires: `r(f �" CO 1.:hiN 52734& ,.. o, EXIIICBS:Jul.20,2028 ,. Notary Public•State of Flotitla Page 23 of 30 INSURANCE REQUIREMENTS AND FORMS MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES General Insurance Requirements For Other Contractors,Subcontractors and Professional Services As a pre-requisite of the work and services 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. Alternatively, 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 failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in 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 required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended,except for the Contractor's failure to maintain the required insurance. The Contractor will be held responsible for all deductibles and self insured retentions that may be contained in the Contractor's Insurance policies. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance,either: •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. Page 24 of 30 The Monroe County Board of County Commissioners, its employees and Officials, at 1100 Simonton Street, Key West, Florida 33040, will be included as "Additional Insured" on all policies, except for Workers' Compensation. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled"Request for Waiver of Insurance Requirements"and approved by Monroe County Risk Management Department. Page 25 of 30 PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS Workers Compensation Statutory Limits Employers Liability $100,000/$500,000/$l 00,000 Bodily Injury by Accident/Bodily Injury by Disease, policy limits/Bodily Injury by Disease each employee General Liability $200,000 per Person $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit Vehicle $200,000 per Person (Owned, non-owned, and hired vehicles) $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit Z�l Builders Risk Not Required Construction Bond Not Required The Monroe County Board of County Commissioners,its employees and officials, 1100 Simonton Street,Key West, Florida 33040, shall be named as Certificate Holder and Additional Insured on General Liability and Vehicle policies. INDEMNIFICATION,HOLD HARMLESS,AND DEFENSE,Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement,Contractor shall defend,indemnify and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings,appetlate proceedings, or other proceedings relating to any type of injury(including death),loss,damage, fine,penalty or business interruption,and(iii)any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement,(B)the negligence or recklessness,intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes Linder the terms of this Agreement,except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability Linder this Page 26 of 30 Z-1 contract shall be equal to the dollar value of the contract and not less than $1 million per occurrence pursuant to Section 725.06, Florida Statutes. The limits of liability shall be as set forth in the insurance requirements included in Paragraph 3.P. herein. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor,the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it frorn all losses occurring thereby and shall further defend any claim or action on the County's behalf. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. PROPOSER'S STATEMENT I understand the insurance that will be mandatory if aw rded the co tract and will comply in full with all of the requirements herein. I fully a cept the inde nification and hold harmless and duty to defend as set out in this propo al. J4tMe� M-r. �a,nf,I I PROPOSER Signatur Page 27 of 30 A �® E09/24/2024 TE(MM/DOfYYYY) !-1 CERTIFICATE OF LIABILITY INSURANCE 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 CONTNAME ACT Adrian Guerrero Southern Insurance Providers,LLC A°NN I� -451-0952 I -1408 ,No) 954 F (954)451 _.. 12555 Orange Dr EMAIL ADDRESS: ADDRESS. Adrian mp s rovider.com ----.__ — — Suite 251 INSURERS AFFORDING COVERAGE _NAIC_#_ Davie FL 33330 INSURER A: WESTERN WORLD INSURANCE COMPANY INSURED INSURER B: INFINITY INSURANCE COMPANY SUPREME ORGANICS,LLC INSURER C: EMPLOYERS ASSURANCE COMPANY dba Supreme Landscaping INSURER D: 711 West Ocean Dr INSURER E: Key Colony Beach FL 33051 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POLICY EXP _ LIMITS LTR TYPE OF INSURANCE POLICY NUMBER MMIDD/Y MMIDD X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE _ S 2,000,000 DAMAGE TO RENTED CLAIMS-MADE [XI OCCUR _PREMISES Ea occurrence S 100,000 _ MED EXP(Any one person) S 5,000 _ A r X X NPP6007035 07/18/2024 07/18/2025 PERSONAL&ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 APPROVED BY RISK MANAGEMENT —'� X POLICY�JET LOC „s;/$ PRODUCTS-COMP/OP_AGG S 2,000.000 BY OTHER: DATE .;�n�2RI��25 S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 1,000,000 Ea accident _ ANY AUTO WAIVER N/A YES BODILY INJURY(Per person) S OWNED SCHEDULED B _ AUTOS ONLY X. AUTos X X 509-820006-4319-001 10/07/2024 10/07/2025 BODILY INJURY(Per accident) S fI HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Peraccident P.I.P. S 10,000 UMBRELLA LIAB I OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-NIADE AGGREGATE S DED I RETENTIONS S WORKERS COMPENSATION X STATUTE I EORH- AND EMPLOYERS'LIABILITY ANY PROPRIFTORIPARTNFRIFXECUTIVE YIN F.L.,EACH ACCIDENT S 1,000,000 C OFFICER)MEMBER EXCLUDED? aY NIA EIG5167314-00 01/06/2024 01/06/2025 (Mandatory in NH) E-L.DISEASE-EA EMPLOYE S 1,000,000 if yes,describe under DESCRIPTION OF OPERATIONS below E-I..DISEASE-POLICY LIMIT I S 1,000,000 . DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORO 101,Addillonai Remarks Schedule,may be attached if more space Is required) Monroe County BOCC is listed as additional insured to the General Liability and Automobile Liability Policy CERTIFICATE HOLDER CANCELLATION Monroe County BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1100 Simonton ST THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Key West, FL 33040 AUTHORIZED REPRESENTATIVE fJ ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the proposer named above. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES Western World - NPP6007628 1000 Employers Preferred - EIG5167314 1000 Infinity Insurance - 509820064319001 500 Liability policies are x Occurrence - lal s Made Southern Insurance Providers a: Insurance Agency SignaltUrf? Page 28 ol'30 MONROECOlNTY, FLORIDA REQUEST FOR WAIVER OF INSURANCE REQUIREMENTS I/ is requested that the insurance requirements,as specified in the COL111ty'S Schedule of Insurance Requirements,bu waived or modified on the following contract. Contractor/Vendor: PnoJootorService: Cootruutm/\/cndur Address 6l Phune#: General Scope ofWork: Reason for Waiver or Modification: Policies Waiver ur Modification will apply to: Signature ofCon1uuLor/Vcndnc I)uo: Approved Not Approved Risk Management Signature: uu'c County Administrator appeal: Approved: _Not Approved:__�____ Date: Board o{County Commissioners appeal: Approved: Not Approved: _______ Meeting Date: Page 30n[J0 Form W-9 Request for Taxpayer Give form to the (Rev.March2024) Identification Number and Certification requester.Do not Department of the Treasury send to the IRS. Internal Revenue Service Go to www.irs.gov/FormW9 for instructions and the latest information. Before you begin.For guidance related to the purpose of Form W-9,see purpose of Form,below. 1 Name of entity/individual.An entry is required.(For a sole proprietor or disregarded entity,enter the owner's name on line 1,and enter the business/disregarded entity's name on line 2.) SU t, C. 2 Business name/disregarded entity1name,if different from above. ch 3a Check the appropriate box for federal tax classification of the entity/individual whose name is entered online 1.Check 4 Exemptions(codes apply only to a only one of the following seven boxes. certain entities,not individuals; CU n see instructions on page 3): C ❑ Individual/sole proprietor ❑ C corporation ❑ S corporation ❑ Partnership ❑ Trust/estate 0 ti LLC.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership) Exempt payee code(if any) ai c _ Q •0 Note:Check the"LLC"box above and,in the entry space,enter the appropriate code IQ S,or P)for the tax classification of the LLC,unless it is a disregarded entity.A disregarded entity should instead check the appropriate Exemption from Foreign Account Tax o i box for the tax classification of its owner. Compliance Act(FATCA)reporting L ❑ Other(see instructions) code(if any) 3b If on line 3a you checked"Partnership"or"Trust/estate,"or checked"LLC"and entered"P"as its tax classification, (Applies to accounts maintained and you are providing this form to a partnership,trust,or estate in which you have an ownership interest,check outside the United States.) Nthis box if you have any foreign partners,owners,or beneficiaries.See instructions . . . . . . . . ❑ __. . -- tn 5 Address(number,street,and apt.or suite no.).See instructions. Requester's name and address(optional) 1ulS 0 Goo11 c v_ 6 City,state,and ZIP code e 7 List account number(s)here(optional) Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number backup withholding.For individuals,this is generally your social security number(SSN).However,for a _ I]] _ resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other Im entities,it is your employer identification number(EIN).If you do not have a number,see How to get a or TIN,later. Employer identification number Note:If the account is in more than one name,see the instructions for line 1.See also What Name and _ Number To Give the Requester for guidelines on whose number to enter. i- Certification __- ........... ...................._._...... ............... . . .......__.. ...._.m__..... _ _ ...... .__.- Under penalties of perjury,I certify that. 1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2. 1 am not subject to backup withholding because(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3. 1 am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and,generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions for Part 11,later. Sign Signatureo Here U.S.pers n Date "l General Instructions New line 3b has been added to this form.Aflow-through entity is required to complete this line to indicate that it has direct or indirect Section references are to the Internal Revenue Code unless otherwise foreign partners,owners,or beneficiaries when it provides the Form W-9 noted. to another flow-through entity in which it has an ownership interest.This Future developments. For the latest information about developments change is intended to provide a flow-through entity with information related to Form W-9 and its instructions,such as legislation enacted regarding the status of its indirect foreign partners,owners,or after they were published,go to www.irs.gov/FormW9. beneficiaries,so that it can satisfy any applicable reporting requirements.For example,a partnership that has any indirect foreign What's New partners may be required to complete Schedules K-2 and K-3.See the Line 3a has been modified to clarify how a disregarded entity completes Partnership Instructions for Schedules K-2 and K-3(Form 1065). this line.An LLC that is a disregarded entity should check the Purpose of Form appropriate box for the tax classification of its owner.Otherwise,it should check the"LLC"box and enter its appropriate tax classification. An individual or entity(Form W-9 requester)who is required to file an information return with the IRS is giving you this form because they Cat.No.10231X Form W-9(Rev.3.2024) I.111"u'll;�nllx_rbJ x_ah" i' x�l I .'rl'�;.r�lllx7l',U:, 9� 4 ,0 ,.�✓,.�. °�� n {Sir �rl.�,iif fi,r�, /,v i1 r./ir � .i�,�rs 1 irGi or u'iih e��SG aha��, /....................................................................... 11:1i !so 1C� ........................ u�! i � �ra. rh c arch b ...I: ..Y...Y .......................................................... ....................................................................... ................................... ...... i ...�.......a..z....lro....�....e...a.,. / Detail by Entity Name Florida Limited Liability Company SUPREME ORGANICS LLC E''ng Information Document Number L19000206235 FEI/EIN Number 84-2761452 Date Filed 08/16/2019 State FL Status ACTIVE Principal Address 711 W OCEAN DRIVE KEY COLONY BEACH, FL 33051 Changed: 01/05/2023 Mailing Address 1675 NORTH COMMERCE PARKWAY WESTON, FL 33326 RegisteredAgent Name&Address McDonnell , James E, IV 1675 NORTH COMMERCE PARKWAY WESTON, FL 33326 Name Changed: 06/28/2020 Address Changed: 06/28/2020 Authorized Persons} Detail Name&Address Title MGR MCDONNELL, JAMES E, IV 1675 NORTH COMMERCE PARKWAY WESTON, FL 33326 AnnualReports Report Year Filed Date 2022 04/30/2022 2023 01/05/2023 2024 04/30/2024 Document Images ANNUAL R'll..F�OIRT Vlaw limage,iri,PIDIF:ronina� ............................................................................................ 01/05/2023 ANNUAL R11-IFIOIRIF VIE'W limage in PIDIF:format ................................................................................................................................................ 04/30/2022 ANNL,JA[.. R:lE::F:lOFZT View limage in PIE)IF forinnat ............................................................................................................................................... m..AUNUAL El..EfMi ..T. View image in PIDIF:foninat Q�.j� .............A..N N U Al IFI.Q..R.T. View limage,in FlIF)IF:formiM .................................................. Q. Llfh Q.1.2 Ekidda. I.l. View limage in PIE)IF forinriia� ...... ............................................ 2024 / 2025 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2025 RECEIPT# 29240-133575 Business Name: SUPREME LANDSCAPING SERVICES Owner Name: SUPREME ORGANICS LLC, 3AMES E Business Location: MO C Mailing Address: MCDONNELL IV KEY WEST, FL 33040 1675 N COMMERCE PKWY Business Phone: WESTON, FL 33326-3205 Business Type: MOBILE (MOWING GRASS,WEED EATING, EDGING, BLOWING&PRESSURE WASHING.) 4 Tax Amount Transfer Fee Sub-Total Penalty Prior Years Collection Cost Total Paid 25.00 1 0.00 25.00 2.50 1 0.00 1 0.00 27.50 Paid WRB-24-00000258 10/01 /2024 27 . 50 THIS BECOMES A TAX RECEIPT Sam C. Steele, CFC, Tax Collector THIS IS ONLY A TAX. WHEN VALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEET ALL COUNTY AND/OR MUNICIPALITY PLANNING, ZONING AND LICENSING REQUIREMENTS. MONROE COUNTY BUSINESS TAX RECEIPT P.O. Box 1129, Key West, FL 33041-1129 EXPIRES SEPTEMBER 30, 2025 Business Name: SUPREME LANDSCAPING SERVICES RECEIPT# 29240-133575 MO CTY Business Location: KEY WEST, FL 33040 Owner Name: SUPREME ORGANICS LLC, 3AMES E Mailing Address:MCDONNELL IV Business Phone: 1675 N COMMERCE PKWY Business Type: MOBILE (MOWING GRASS,WEED EATING, EDGING, WESTON, FL 33326-3205 BLOWING &PRESSURE WASHING.) 4 Tax Amount Transfer Fee Sub-Total Penalty Prior Years Collection Cost Total Paid 25.00 0.00 25.00 2.50 0.00 0.00 27.50 Paid WRB-24-00000258 10/01 /2024 27 . 50 ADDITIONAL QUOTES FOR Monthly Maintenance Groundskeeping at Marathon Public Library Branch 3490 Overseas Highway, Marathon and Emergency Operations Center 7280 Overseas Highway, Marathon October 2024 - September 2025 Morris-Jessica From: courtney macias <gods4me86@gmail.com> Sent: Tuesday, September 17, 2024 1:57 PM To: Morris-Jessica Subject: Re: RFS for 2025 Monthly Maintenance Groundskeeping at Marathon Library and EOC Attachments: image001 jpg CAUTION Thankyou for the reminder. But we at cayo green are going to decline this time. We have a busy route and can not commit to these properties at this time . Thankyou for reaching out.You may reach out next year if you'd like. Thanks On Tue, Sep 17, 2024, 7:15 AM Morris-Jessica <IMoirir�ii5 J p_sica@@ r�i¢�inra,�¢ c ir�1.y fil...g¢ v>wrote: Good morning, Please find attached RFS for 2025 Monthly Maintenance Groundskeeping at Marathon Library and EOC for you review and consideration.We will be happy to schedule a time via email to meet if you wish to walk the properties. You can also reach JT at 305-587-8036 if you wish to discuss on the phone or text. You can submit a bid as an estimate, or you may use the "Proposal Form" on page 14 & 15 of the RFS packet. Bids are due Monday, September 23rd, 2024 at 12:00 P.M. If your bid is chosen,you will be required to complete the packet. We look forward to hearing from you. Thank you, _T r J Executive Assistant Middle Keys Facilities Maintenance ebsite: I1Jltt,1,.../ y ,,,,,g m, ii i„I „ ,I C,;y,,,,,;; ;y , Email: orris-iessica monroecounty- . ov Phone: 305-504-4327 Please note: Florida has a very broad public records lave. Most written communications to or from the county regarding County business are public record, available to the public and media upon request. Your e-mail communication may be subject to public disclosure. 1 �i Brig �, yip � ie MONROE COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR SERVICES FOR Monthly Maintenance Groundskeeping at Marathon Public Library Branch 3490 Overseas Highway, Marathon and Emergency Operations Center 7280 Overseas Highway, Marathon October 2024 - September 2025 � r ryesµ ^y,aa.1 rvi x.Ai..Y+lya".T BOARD OF COUNTY COMMISSIONERS Mayor Holly Merrill Raschein Craig Cates, District 5 Mayor Pro Tem James K. Scholl, District 3 Craig Cates, District 1 Michelle Lincoln, District 2 David Rice, District 4 COUNTY ADMINISTRATOR Christine Hurley Clerk of the Circuit Court Facilities Maintenance Director Kevin Madok William DeSantis September, 2024 PREPARED BY: Monroe County Facilities Maintenance Department Page 1 of 30 Monroe County Facilities Maintenance General Scope of Work Job Name: Monthly maintenance groundskeeping at the Marathon Public Library Branch and Emergency Operations Center Job Locations: Marathon Public Library Branch 3490 Overseas Highway, Marathon, FL 33050 and Emergency Operations Center 7280 Overseas Highway, Marathon, FL 33050 Contact: John T. Null or Jessica Morris John T. Null �muIDID„,,"oID�u�m�"a�>muo�mroecou�mt ,,,,lbw uv 305-587-8036 Jessica Morris muom m ,,,,jessi am,,,(fi).m�i.r e out ,,,,, „«,g2. , 305-289-6036 ........... ............ ............. .................... ...... ............ ......................... ............ ......................... ............ ......................... .................... PROJECT OVERVIEW PROJECT INTENT AND SCOPE GENERAL REQUIREMENTS 1. Project Overview A) Monroe County ("County" or"Owner") shall enter into a contract with a qualified Contractor to provide monthly maintenance groundskeeping at the Marathon Public Library Branch, located at 3490 Overseas Highway, and Emergency Operations Center, located 7280 Overseas Highway, with both locations being in Marathon, Florida ("Project'). The term of this contract shall commence within ten (10) calendar days after the date of issuance to the undersigned by Owner of the Notice to Proceed/Purchase Order/Task Order. Once commenced, the undersigned shall diligently continue performance until completion of the Project. The undersigned shall accomplish Final Completion of the Project thereafter within One (1) year, with an expiration date of September 30, 2025, for the contract term. Page 2 of 30 The Contractor shall be required to secure and pay for all required permits and approvals to perform the work which may include: Monroe County Building Department,the City of Marathon Building Department, and any other permitting or regulatory agencies, if applicable. Contractor shall include those permit fees as a part of the Contractor's bid. B) All quotes are due by Monday, September 23, 2024, at 12:00 P.M., via email to Morris-Jessica@monroecounty-fl.gov. All Quotes must state they will be good for one hundred twenty (120) calendar days from submittal due date. 2. Project Intent and Scope Scope of Work: The Contractor shall provide the following Scope of Work and provide all labor and materials to perform monthly maintenance groundskeeping at the Marathon Public Library Branch and Emergency Operations Center: • Mowing grass in all areas • Weeding around rocks and trees • Re-defining flower beds and grass areas • Edge walkways • Trimming all hedges and shrubs • Cleaning all flower beds and removing dead leaves • Trimming and shaping buttonwood trees • Power blowing parking lots and walkways • Weed control on entirety of both properties • Pick up and removal of all debris for proper disposal off property 3. General Requirements A) The Contractor shall coordinate all activities with the Monroe County Facilities Maintenance Department contact: JT Null at 305-587-8036 or Jessica Morris at 305-304-5437 B) The Contractor is required to provide protection for all existing surfaces including, but not limited to: i. Existing fixtures ii. Personal Items iii. Floors iv. Vehicles and Personal Property V. Landscaping Page 3 of 30 C) The Contractor shall ensure that all non-exempt employees for this effort are compensated in accordance with all State and Local Laws. D) The Contractor shall load, haul, and properly dispose of all construction debris and materials. E) The Contractor shall provide and maintain appropriate (OSHA required) construction warning signs and barriers. F) The Contractor shall furnish all required work site safety equipment. G) The Contractor shall furnish and maintain on-site material safety data sheets (MSDS) for all materials used in the construction. H) Construction work times shall be limited to: Specified by the County 1) All materials must be approved by submittal prior to commencement of work. J) The Contractor shall provide a lump sum price by Monday, September 23,2024,at 12:00 P.M., via email as noted herein. I) The Contractor needs to be aware of weather and location and plan accordingly. L) The Contractor needs to be aware of the facility, its residents, and staff with unusual schedules and plan accordingly. M) The Contractor shall provide a schedule for all phases of the project. N) If applicable, Contractor shall provide paper or electronic copies of all original device specifications,warranties, maintenance schedules, shop drawings,permits,repair and maintenance contacts, and any other information necessary for the proper function and maintenance of the equipment. O) The Contractor shall coordinate all activities with concurrent site work being performed, if any. P) Insurance Requirements: Workers Compensation Statutory Limits Employers' Liability $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee General Liability $200,000 per Person $300,000 per Occurrence Page 4 of 30 $200,000 Property Damage or $300,000 Combined Single Limit Vehicle: $200,000 per Person (Owned, non-owned, $300,000 per Occurrence and hired vehicles) $200,000 Property Damage or $300,000 Combined Single Limit Builders Risk Not Required Construction Bond Not Required The Monroe County Board of County Commissioners, its employees and officials, 1100 Simonton Street,Key West,Florida 33040, shall be named as Certificate Holder and Additional Insured on General Liability and Vehicle policies. A"Sample"Certificate of Insurance is attached, which may not be reflective of the insurance amounts required for this project but is provided for "informational purposes" only. Q) The Contractor is required to have all current licenses necessary to perform the work and shall submit the Contractor's License and Monroe County Business Tax Receipt along with its Proposal. If the Contractor is not a current registered Monroe County Vendor, then it shall also submit a properly completed and executed W-9 Form. R) INDEMNIFICATION, HOLD HARMLESS, AND DEFENSE. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the Contractor shall defend, indemnify and hold the County and the County's elected and appointed officers and employees harmless from and against(i)any claims, actions or causes of action, (ii)any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A)any activity of the Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of the Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) the Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than the Contractor). The monetary limitation of liability under this contract shall be equal to the dollar value of the contract and not less than $1 million per occurrence pursuant to Section 725.06, Florida Statutes. The limits of liability shall be as set forth in the insurance requirements included in Paragraph 3 P. herein. 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. Page 5 of 30 In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the County's sovereign immunity. S) NON-COLLUSION. By signing this proposal, the undersigned swears, according to law on his/her oath, and under penalty of perjury, that their firm executes this proposal with prices 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. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly, to any other proposer or to any competitor. No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit, or not to submit a proposal for the purpose of restricting competition. The statements contained in this paragraph are true and correct, and made with the full knowledge that Monroe County relies upon the truth of the statements contained in this paragraph in awarding contracts for this project. T) EMPLOYMENT OR RETENTION OF FORMER COUNTY OFFICERS OR EMPLOYEES. By signing this proposal, the undersigned warrants that he/she/it has not employed, retained, or otherwise had act on his/hers/its 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. U) CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Page 6 of 30 V) DRUG-FREE WORKPLACE. By signing this proposal, the undersigned certifies that the contractor complies fully with, and in accordance with Florida Statute, Section 287.087, the requirements as follows: 1) They will publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specify the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give 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, notify 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 contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5)Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, for any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. ADDITIONAL CONTRACT PROVISIONS 1) Nondiscrimination/Eaual Employment Opportunity. The Contractor and County agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. Contractor agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended(20 USC s. 794), which prohibits discrimination on the basis of disability; 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 Page 7 of 30 of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. Monthly Maintenance II) Termination Provisions. A. In the event that the Contractor shall be found to be negligent in any aspect of service, the County shall have the right to terminate this agreement after five (5) days' written notification to the Contractor. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days' written notice of its intention to do so. C. Termination for Cause and Remedies: In the event of breach of any contract terms, the County retains the right to terminate this Agreement. The County may also terminate this agreement for cause with Contractor should the 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 the spending cap in this Agreement. In addition, the County reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. D. Termination for Convenience: The County may terminate this Agreement for convenience, at any time, upon seven (7) days' notice to Contractor. If the County terminates this agreement with the Contractor, County shall pay Contractor the sum due the Contractor under this agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract. The maximum amount due to Contractor shall not exceed the spending cap in this Agreement. 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 Art. IX, Section 2-721 et al. of the Monroe County Code. E. Scrutinized Companies: 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 Page 8 of 30 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. 111) Maintenance of Records. The Contractor shall maintain all books, records, and documents directly pertinent to perfor % WAWSGrAgreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven (7)years from the termination of this agreement or in accordance with the State of Florida retention schedules (https;,l/dos i ,. ov/iihn�n nchives/neconds n �n en ent/ enen i...reconds-scheduies/), whichever is greater. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and the applicable retention period following the termination of this Agreement. IV)Right to Audit. Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders,bid recaps,bidding instructions,bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files(including documentation covering negotiated settlements);back charge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner 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 Owner'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 Owner's representative and/or agents of Owner or the County Clerk. Owner 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. The County Clerk possesses the independent authority to conduct an audit of records, assets, and activities relating to this Project. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03 of the Florida Statutes, running from the date the monies were paid to Contractor. The right to audit provisions survive the termination or expiration of this Agreement. Page 9 of 30 V) Payment of Fees /Invoices. County shall pay pursuant to the Florida Local Government Prompt Payment Act, Fla. Stat., Sec. 218.70, upon receipt of a Proper Invoice from the Contractor. Payments due and unpaid under the Contract shall bear interest pursuant to the Florida Local Government Prompt Payment Act. The Contractor is to submit to the County invoices with supporting documentation that are acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. Invoices shall be submitted to Monroe County Facilities Maintenance Department, Attention: Jessica Morris,via email at I.Kiwi r.i, ;;;;,dI„ ,s,sib;;,1m(a).ill u,tiro, �;oti,ti y;;;;;�;ID„. - The County is exempt from sales and use taxes. A copy of the tax exemption certificate will be provided upon request. Final payment shall be made by the County, as the Owner,to the Contractor when the Contract has been fully performed by the Contractor and the work has been accepted by the County. VI)Public Records Compliance. The Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers,letters or other"public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Fla. Stat., Sec. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon request 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 Page 10 of 30 contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract,the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE NO. 305-292-3470, BRADLEY-BRIAN(c,MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. V11) E-Verify System. Beginning January 1, 2021,in accordance with Fla. Stat., Sec. 448.095,the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization 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 Page 11 of 30 subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of Fla. Stat., Sec. 448.095. VIII) Notice Requirement. Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, postage prepared, or by courier with proof of delivery. Notice is deemed received by Contractor when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non- acceptance of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice shall be sent to the following persons: For Contractor: For Owner: Facilities Maintenance Department Attention: John T. Null 10600 Aviation Blvd. Marathon, FL 33050 And Monroe County Attorney's Office 1111 12th Street Suite 408 Key West, Florida 33040 IX) Uncontrollable Circumstance. Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project; (each, a "Uncontrollable Circumstance"). CONTRACTOR'S financial inability to perform, changes in cost or availability of materials, components, or services,market conditions, or supplier actions Page 12 of 30 or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within seven (7) days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, or as soon as possible after such Uncontrollable Circumstance has occurred if reasonably anticipated, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek a no cost Change Order or Amendment for such reasonable time as the Owners Representative may determine. X) 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. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of Sections I, Nondiscrimination, or Section II, concerning termination or cancellation. Page 13 of 30 PROPOSAL FORM PROPOSAL TO: Monroe County Facilities Maintenance 10600 Aviation Blvd. Marathon, FL 33050 e Services, Inc. Bri htView Landscape PROPOSAL FROM: 9 p 4155 E Mowry Drive Homestead FI 33033 r The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of: Monthly Maintenance Groundskeeping at Marathon Public Library Branch 3490 Overseas Highway, Marathon and Emergency Operations Center 7280 Overseas Highway, Marathon October 2024 - September 2025 and having carefully examined the site where the Work is to be performed, having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the Work, does hereby propose to furnish all labor, mechanics, superintendents, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete said Work and work incidental hereto, in a workman-like manner, in conformance with said Drawings, Specifications, and other Contract Documents including Addenda issued thereto. The undersigned further certifies that he/she has personally inspected the actual location of where the Work is to be performed, together with the local sources of supply and that he/she understands the conditions under which the Work is to be performed. The proposer shall assume the risk of any and all costs and delays arising from the existence of any subsurface or other latent physical condition which could be reasonably anticipated by reference to documentary information provided and made available, and from inspection and examination of the site. The undersigned agrees to commence performance of this Proj ect within Ten (10) calendar days after the date of issuance to the undersigned by Owner of the Notice to Proceed/Purchase Order/Task Order. Once commenced, undersigned shall diligently continue performance until Page 14 of 30 completion of the Project. The undersigned shall accomplish Final Completion of the Project thereafter within One (1) year with an expiration date of September 30, 2025, for the contract term. The Base Proposal shall be furnished below in words and numbers. If there is an inconsistency between the two, the Proposal in words shall control. Forty Five Thousand and Thirty Nine Dollars Dollars. (Total Base Proposal-words) $ 45,039 Dollars. (Total Base Proposal—numbers) I acknowledge Alternates as follows: N/A I acknowledge receipt of Addenda No.(s) or None No. Dated No. Dated Page 15 of 30 In addition, Proposer states that he/she has provided or will provide the County, along with this Proposal, a certified copy of Contractor's License, Monroe County Business Tax Receipt, and Certificate of Insurance showing the minimum insurance requirements for this project. Execution by the Contractor must be by a person with authority to bind the entity. By signing this agreement below, the Contractor has read and accepts the terms and conditions set forth by the Monroe County General Requirements for Construction found at the link on the Monroe County web page: http://fl-monroecouniy.civicplus.comBids.aspx?CatlD=18; AND accepts all of the terms and conditions and all Federal required contract provisions herein. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives, as follows: Contractor: BrightView Landscape Services, Inc. Mailing Address: 4155 E Mowry Drive Homestead FI 33033 Phone Number: 305 258 801 1 E.I.N.: 95-4194223 Email: charles.gonzalez@brightview.com Date: 9-23-2024 Signed: Charles Gonzalez VP, GM 'iv art-,e Title Contractor's Witness signature: Witness name: Darren McDonough Date: 9-23-2024 The County accepts the above proposal: MONROE COUNTY, FLORIDA Date: By: County Administrator or Designee MONROE COUNTY ATTORNEY'S OPHU AP r cqm ... Page 16 of 30 WIaA EABLES ASW o' 7TORNEY DTE. / �. NON-COLLUSION AFFIDAVIT Charles Gonzalez of the city of 4155 E Mowry Drive Homestead FI 33033 according to law on my oath, and under penalty of perjury, depose and say that: 1. 1 am VP, GM of the firm of BrightView Landscape Services, Inc. the proposer making the Proposal for the project described in the notice for calling for proposals for: Monthly Maintenance Groundskeeping and that I executed the said proposal with full authority to do so; 2. The prices in this proposal have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor; and 3. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly, to any other proposer or to any competitor; and 4. No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit, or not to submit, a proposal for the purpose of restricting competition; and 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. 9-23-24 (Signature of Proposer) (Date) STATE OF. Florida COUNTY OF: Miami Dade Subscribed and sworn to (or affirmed) before me, by means of ® physical presence or ❑ online notarization, on 9-23-2024 (date) by Charles Gonzalez (name of affiant). He/She is personally known to me or has produced Personally known to me (type of identification) as identification. Yanjanie Ballesteros NOTARY PUBLIC My commission expires: (SEAL) *'S YANAW SAUY.WR' Page 17 of 30 W COW"1014 0 HH$42466 SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE BrightView Landscape Services, Inc. (Company) ... warrants that he/she/it has not employed, retained or otherwise had act on his/her/ its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract 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". f (Signature) Date: 9-23-24 STATE OF: Florida COUNTY OF: Miami Dade Subscribed and sworn to (or affirmed) before me, by means of ® physical presence or ❑ online notarization, on 9-23-2024 20 24 (date) by Charles Gonzalez (name of affiant). He/She is personally known to me or has produced Personally known to me as identification. (Type of identification) Yanjanie Ballesteros NOTARY PUBLIC My commission expires: (SEAL) y EXPM:FabnwyZsr x Page 18 of 30 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute, Sec. 287.087 hereby certifies that: BrightView Landscape Services, Inc. (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace,the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, for 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 complies fully with the above requirements. _, Proposer's Signature Date 9-23-24 STATE OF: Florida COUNTY OF: Miami Dade Subscribed and sworn to (or affirmed)before me, by means of 0 physical presence or ❑ online notarization, on 9-23-2024 (date)by Charles Gonzalez (name of affiant). He/She is personally known to me or has produced Personally known to me (type of identification) as identification. NOTARY PUBLIC (SEAL) My Commission Expires: 'S _YAN'J"SAUEMROS Page 19 of 30 r . W COMMMWbN N NH 342466 A k PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list." I have read the above and state that neither BrightView Landscape Services, Inc. (Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last thirty-six (36) months. E . (Signature) Date: 9-23-2024 STATE OF: Florida COUNTY OF: Miami Dade Subscribed and sworn to (or affirmed) before me, by means of ® physical presence or ❑ online notarization, on the 23rd day of September , 2024 by Charles Gonzalez (name of affiant). He/She is personally known to me or has produced VP, GM (type of identification) as identification. My Commission Expires- Y 'J"SALLEMR08 m NOTARY PUBLIC (SEAL) Page 20 of 30 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): Monthly Maintenance Groundskeeping Respondent Vendor Name: BrightView Landscape Services, Inc. Vendor FEIN: 95-4194223 Vendor's Authorized Representative Name and Title: Charles Gonzalez , VP GM Address: 4155 E Mowry Drive City: Homestead State: FL Zip: 33033 Phone Number 305 258 8011 Email Address: charles.gonzalez@brightview.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 Terrorism Sectors List which were created pursuant to Section 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 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 Terrorism Sectors 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 orthe Scrutinized Companies with Activities in the Iran Petroleum Terrorism Sectors List or been engaged in business operations in Cuba or Syria. Vendor has reviewed Section 187.135, Florida Statutes, and in accordance with such provision of Florida law, is eligible to bid on, submit a proposal for, or enter into or renew a contract with Monroe County for goods or services. BrightView Landscape Services, Inc. Certified By: �a,4A ZJdM�e� who is authorized to sign on behalf of the above referenced companv. Authorized Signature: Print Name:Charles Gonzalez Title:VP, GM Note: The List are available at the following Department of Management Services Site: Li a:��www.dirns.irn tlloiriida.coirn�li��usliir�ess o aeiratlioir�s�state a�uir�;ll�asliir� �veirndoir liiritoirirnatlioiri/coirivlicted sous a ................ ded d li..s c,iriiirmt,iiif.]atoLy, ,�4g.M,tang,iil2.t§........,r ,lrt, , i.r llii ,ts. Page 21 of 30 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES Entity/Vendor Name: BrightView Landscape Services, Inc. Vendor FEIN: 95-4194223 Vendor's Authorized Representative: Charles Gonzalez , VP GM (Name and Title) Address: 4155 E Mowry Drive City: Homestead State: Florida Zip: 33033 Phone Number: 305 258 8011 Email Address: charles.gonzalez@brightview.com As a nongovernmental entity executing, renewing, or extending a contract with a government entity, Vendor is required to provide an affidavit under penalty of perjury attesting that Vendor does not use coercion for labor or services in accordance with Section 787.06, Florida Statutes. As defined in Section 787.06(2)(a), coercion means: 1. Using or threating to use physical force against any person; 2. Restraining, isolating, or confining or threating to restrain, isolate, or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt,the length and nature of the labor or service are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; 5. Causing or threating to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule II of Section 893.03 to any person for the purpose of exploitation of that person. As a person authorized to sign on behalf of Vendor,I certify under penalties of perjury that Vendor does not use coercion for labor or services in accordance with Section 787.06. Additionally, Vendor has reviewed Section 787.06,Florida Statutes, and agrees to abide by same. Certified By: ` who is authorized to sign on behalf of the above referenced company. Authorized Signature: Print Name: Title: Page 22 of 30 FOREIGN ENTITIES AFFIDAVIT F.S.287.138 I Charles Gonzalez of the city of Homestead according to law on my oath,and under penalty of perjury,depose and say that: a. I am V P, GM of the firm of BrightView Landscape Services,Inc. ("Entity"), the bidder making the Proposal for the project described in the Request for Proposals for Monthly Maintenance Groundskeeping and that I executed the said proposal with full authority to do so; b. The Entity is not owned by the government of a foreign country of concern as defined in Section 287.138,Florida Statutes. (Source: § 287.138(2)(a),Florida Statutes); C. The government of a foreign country of concern does not have a controlling interest in Entity. (Source: §287.138(2)(b),Florida Statutes); d. Entity is not owned or controlled by the government of a foreign country of concern, as defined in Section 692.201,Florida Statutes. (Source: § 288.007(2),Florida Statutes); C. Entity is not a partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country of concern, as defined in Section 692.201,Florida Statutes,or a subsidiary of such entity.(Source: §288.007(2), Florida Statutes); f. Entity is not a foreign principal, as defined in Section 692.201, Florida Statutes. (Source: § 692.202(5)(a)(1),Florida Statutes); g. Entity is in compliance with all applicable requirements of Sections 692.202,692.203,and 692.204, Florida Statutes. h. (Only applicable if purchasing real property) Entity is not a foreign principal prohibited from purchasing the subject real property. Entity is either(a)not a person or entity described in Section 692.204(1)(a), Florida Statutes, or (b) authorized under Section 692.204(2), Florida Statutes, to purchase the subject property. Entity is in compliance with the requirements of Section 692.204, Florida Statutes. (Source: §§692.203(6)(a),692.204(6)(a),Florida Statutes) i. 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: 9-23-2024 STATE OF: Florida COUNTYOF: Miami Dade Subscribed and sworn to(or affirmed)before me,by means of V physical presence or❑ online notarization,on 9-23-24 (date)by Charles Gonzalez (name of affiant). He/She is personally known to me or has produced Personally known to me (type of identification)as identification. Yanjanie Ballesteros YANJANISMUSMIM NOTARY PUBLIC s ,. EXPIRES,, 2,;2027 My Commission Expires: Page 23 of 30 INSURANCE REQUIREMENTS AND FORMS MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES General Insurance Requirements For Other Contractors, Subcontractors and Professional Services As a pre-requisite of the work and services 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. Alternatively, 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 failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in 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 required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor will be held responsible for all deductibles and self-insured retentions that may be contained in the Contractor's Insurance policies. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: • 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. Page 24 of 30 The Monroe County Board of County Commissioners, its employees and officials, at 1100 Simonton Street, Key West, Florida 33040, will be included as "Additional Insured" on all policies, except for Workers' Compensation. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled"Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management Department. Page 25 of 30 PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS Workers Compensation Statutory Limits Employers Liability $100,000/$500,000/$100,000 Bodily Injury by Accident/Bodily Injury by Disease, policy limits/Bodily Injury by Disease each employee General Liability $200,000 per Person $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit Vehicle $200,000 per Person (Owned, non-owned, and hired vehicles) $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit Builders Risk Not Required Construction Bond Not Required The Monroe County Board of County Commissioners,its employees and officials, 1100 Simonton Street, Key West, Florida 33040, shall be named as Certificate Holder and Additional Insured on General Liability and Vehicle policies. INDEMNIFICATION,HOLD HARMLESS,AND DEFENSE.Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend,indemnify and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death),loss, damage,fine,penalty or business interruption, and(iii)any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B)the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this Page 26 of 30 contract shall be equal to the dollar value of the contract and not less than$1 million per occurrence pursuant to Section 725.06, Florida Statutes. The limits of liability shall be as set forth in the insurance requirements included in Paragraph 3.P. herein. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. PROPOSER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all of the requirements herein. I fully accept the indemnification and hold harmless and duty to defend as set out in this proposal. PROPOSER Signature Page 27 of 30 INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the proposer named above. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES Liability policies are Occurrence Claims Made Insurance Agency Signature Page 28 of 30 �'►�4 CERTIFICATE OF LIABILITY INSURANCE 6/29/2020 YYYI 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 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 endorsements. PRODUCER COINTAcTbfinnyElmore ASSURE LLC PHONE 941 739-5121 1941)739-5608 1931 Manatee Ave W mandylJdassurefloricia.com Bradenton, FL 34205 INSURERS AFFORDING COVERAGE NAICN AmGUARD Insurance Co 42390 INSURED INSURER B Normandy Insurance Co T h'k &IIII'L'lldd b,L I"OLU I"I'il ul'I°L d, INSURER D. INSURER E. INSURER F. COVERAGES CERTIFICATE NUMBER. REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY RECUI-,REMENT 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 POUC'IES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY RAVE BEEN REDUCED BYPAID CLAIMS, LTA TYPE OF INSURANCE 1 1 POLICY LI Y LIMITS X COMMERCIAL GENERAL LIABILITY I I EACH °44)Ce;oRi'ENCE S 1 000,000 CLAIM�,MAOE 0 OCCUR ��rlln;',I�u�IIl ir�I�atl��.�?'llhlu,, i,ql� I:�I�r'.�:`l f 50,000 BABPO50054 09/11/19 9/11/20 MEDEXP(Anyone arson f 5 000 A PERSONAL d ADM INJURY S INCLUDED GENT AGGREGATE,LIMIT APPLIES PER. GENERAL AGGREGATE S 2,000,000 POLICY JJEC 0 LOG PRODUCTS-COMPIOPAGG S 2,000,000 nTWFP f AUTOMOBILE LIABILITY COMBINED SINGLELIMIT f 1 I A ln"I s9Ii 4'i„i b°lid iglu`"f:'kf"+J S ANYAUTO BAAU057988 09/11/19 9/11/"2() BODILY INJURY deer person] f A O SCHEDULED A AUTOS AUTOS 69.:SDILY INJURY;Per arddenq f HIRED AUTOS NON-OWNED S ALITIDS AM 111111111111 M 11111111111111111111��KMINL PIP SU'Uou lEii: X OCCUR UMO 1 9 9/ / EACH OCC RENCE S / r A CLAIMS-MADE AG"GREGAT IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII $ 1 r WORKERS COMPENSATION AND EMPLOYERS IJABIUTY ANY PROPRIETORIPARTNERIEXECOTIVE L4=LVl L 3 V[ 1 .L15. LV V4/VS/ZU 4/US/2 Et,EACH ACCIDENT B OFFICERIMEMBER EXCLUDED? Y NIA (Mandatory In NH) E fa.DISEASE-FA EMPLOYEE S 1 , If yes,dasrnbe under 11000,000 DESCRIPTION OFOP�IkATIONSrLOCATIONS�VEHICLES tiACORD101,.AddifionalRemo" .maybe attached itmorespawesragpmed) Monroe County BOCC is listed as additional insured to the General Liability and Automobile Liability policy. qk �,':N,N141d�IIrrll IIL°ull�:�,1 n�II,��^°.� IIN�4 � nllr�l<� Il i"'I!ih NI 14��I'� Illl�i�r� 4�u� �l�:Caf„'It(141axS-L lit di�Ii�x';141aItl�'�d ��° �CIHu�r+ 1 La I�:r:�w��4�l�q��, Monroe County BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1100 Simonton St. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN �13 {;t .. Key Wet FL. 33040 ACCORDANCE WITH THE POLICY PROVISIONS q AUTHORIZED REPRESENTATeVE p,�i`p 9;nlltla`I p�^ �...rr1qu��i �➢r llli�u.0 i, i 1 Ia;ta;, I 14 �L��II"I t a�i�.�Ir1,`,,". °/1988 2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD MONROE COUNTY, FLORIDA REQUEST FOR WAIVER OF INSURANCE REQUIREMENTS It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements,be waived or modified on the following contract. ContractorNendor: Project or Service: ContractorNendor Address &Phone#: General Scope of Work: Reason for Waiver or Modification: Policies Waiver or Modification will apply to: Signature of ContractorNendor: Date: Approved Not Approved Risk Management Signature: Date: County Administrator appeal: Approved: Not Approved: Date: Board of County Commissioners appeal: Approved: Not Approved: Meeting Date: Page 30 of 30