HomeMy WebLinkAbout09/10/2025 Agreement GVS COURTq°
o: A Kevin Madok, CPA
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�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
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DATE: September 22, 2025
TO: Beth Bergh
Land Acquisition & Management
FROM: Liz Yongue, Deputy Clerk
SUBJECT: September 10, 2025 BOCC Meeting
The following item has been executed and added to the record:
F2 Contract with Conch Tree & Landscape Professionals, Inc., in the amount of
$83,103 for a native habitat restoration project on Monroe County Conservation Lands.
Should you have any questions please feel free to contact me at(305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
CONTRACT FOR PROFESSIONAL SERVICES
FOR NATIVE RESTORATION PROJECT ON
MONROE COUNTY CONSERVATION LANDS
THIS CONTRACT (hereafter "Contract" or"Agreement"), made and entered into this 1 Oth
day of September, 2025, by and between Monroe County, a political subdivision of the State of
Florida, (hereafter"County"), whose address is 1100 Simonton Street, Key West,Florida, 33040
and Conch Tree&Landscape Professionals, Inc., (hereafter`'Contractor"), whose address is 209
N Airport Rd, Tavernier, Florida, 33070. The parties hereto, for the considerations herein set
forth, mutually agree as follows:
1. SCOPE OF WORK.
The Contractor shall provide professional services to complete the invasive exotic plant removal
work and the native planting project on Monroe County conservation lands, including all
necessary plant material and equipment required in the performance of same, and perform all of
the work described in the Specifications(Exhibit A), and the bid documents(Exhibit A-1)attached
hereto and incorporated as part of this document.
2. CONTRACT SUM AND PAYMENTS TO CONTRACTOR.
a) The maximum compensation available to the Contractor under this agreement is
$83,103.00. The County agrees to pay the Contractor based on completion of work described
within the Scope of Services as outlined below:
Portion ofproject: Billable amount:
Part 1: Completion of invasive exotic removal work $19,000
Part 2: Completion of native planting $59,103
Part 3: Completion of watering post-planting $5,000
TOTAL $83,103
b) The Contractor shall invoice Monroe County for completed services for each Part as
described in the Scope of Service and as quoted in its Bid, performed under the Specifications
contained herein. Invoices will be paid in accordance with the Florida Local Government Prompt
Payment Act, F.S. 218.70 et seq. Contractor shall submit invoices to the County with supporting
documentation that is 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.
Monroe County's performance and obligation to pay under this contract is contingent upon an
annual appropriation by the BOCC.
3. CONTRACTOR'S ACCEPTANCE OF CONDITIONS.
a) The Contractor hereby agrees that he/she has carefully examined the sites and
has made investigations to fully satisfy himself/herself that such sites are correct and suitable
ones for this work, and he/she assumes full responsibility therefore. The provisions of this
Agreement shall control any inconsistent provisions contained in the Specifications. All
Specifications have been read and carefully considered by the Contractor, who understands the
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same and agrees to their sufficiency for the work to be done. Under no circumstances, conditions,
or situations shall this Contract be more strongly construed against the County than against the
Contractor (and his Surety, if applicable).
b) Any ambiguity or uncertainty in the Specifications shall be interpreted and
construed by the County's Land Steward, and her decision shall be final and binding upon all
parties.
c) The passing, approval, and/or acceptance of any part of the work or material by
the County shall not operate as a waiver by the County of strict compliance with the terms of
this Agreement, and Specifications covering said work. Failure on the part of the Contractor,
immediately after Notice to correct workmanship shall entitle the County, if it sees fit, to correct
the same and recover the reasonable cost of such remediation work and/or repair from the
Contractor, who shall in any event be jointly and severally liable to the County for all damage,
loss, and expense caused to the County by reasons of the Contractor's breach of this Agreement
and/or his failure to comply strictly and in all things with this Agreement and with the
Specifications.
4. TERM OF CONTRACT.
a) This Contract shall commence on October 1, 2025, and terminate on December
31, 2025, or upon completion of the project, whichever occurs first.
b) The parties may elect to extend this Agreement for up to three months if the work
has not been completed by December 31, 2025.
5. INDEPENDENT CONTRACTOR. At all times and for all purposes under this
Agreement the Contractor is an independent contractor and not an employee of the Board of
County Commissioners for Monroe County. No statement contained in this Agreement shall be
construed so as to find the contractor or any of his/her employees, contractors, servants, or agents
to be employees of the Board of County Commissioners for Monroe County.
6. ASSIGNMENT. The Contractor shall not assign this Agreement, except in writing
and with the prior written approval of the Board of County Commissioners for Monroe County,
which approval shall be subject to such conditions and provisions as the Board may deem
necessary. This Agreement shall be incorporated by reference into any assignment and any
assignee shall comply with all of the provisions of this Agreement. Unless expressly provided
for therein, such approval shall in no manner or event be deemed to impose any additional
obligation upon the Board.
7. INSURANCE. 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 the Insurance
Checklist included herein which is hereby 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.
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a) 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.
b) 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.
c) The Contractor will be held responsible for all deductibles and self-insured
retentions that may be contained in the Contractor's Insurance policies.
d) The Contractor shall provide, to the County, as satisfactory evidence of the required
insurance, either:
• Certificate of Insurance; or
• Certified copy of the actual insurance policy.
e) 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 Monroe County Board of County Commissioners, its
employees and officials will be included as "Additional Insured" on all policies,
except for Workers' Compensation.
f) 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.
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.
g) Notwithstanding the provisions of paragraph 34, the County may immediately treat the
Contractor in default if the Contractor fails to maintain the insurance required by this
paragraph. Before terminating the agreement in this situation, the County need only
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provide the Contractor 24-hour notice by FAX or overnight courier. The County may,
but need not, provide the Contractor with an opportunity to cure the default.
8. INDEMNIFICATION.
The Respondent/Contractor to whom a contract is awarded shall defend, indemnify, and hold
harmless the County as outlined below:
The Contractor covenants and agrees to defend, indemnify and hold harmless Monroe County
Board of County Commissioners, and its elected and appointed officers, officials, agents, servants,
and employees from any and all claims, demands, or causes of action for bodily injury (including
death), personal injury, and property damage (including property owned by Monroe County) and
any other losses, damages, costs, penalties, and expenses (including attorney's fees) which arise
out of, in connection with, or by reason of the Contractor utilizing the property governed by this
Contract agreement. The extent of liability is in no way limited to, reduced, or lessened by the
insurance requirements contained elsewhere within this agreement.
The indemnification obligations under the Contract shall not be restricted in any way by any
limitation on the amount or type of damages, compensation, or benefits payable by or for the
Contractor under workers' compensation acts, disability benefits acts, or other employee benefits
acts, and shall extend to and include any actions brought by or in the name of any employee of
the Contractor or of any third party to whom Contractor may subcontract a part or all of the
Work.
This indemnification shall continue beyond the date of completion of the work.
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, nothing herein nor the
acquisition of any commercial liability insurance coverage, self-insurance coverage, or local
government insurance pool coverage shall be deemed a waiver of immunity by the County.
9. RECORDS.
Availability of Records. The records of the parties to this Agreement relating to the Project, which
shall include but not be limited to accounting records (hard copy, as well as computer readable
data if it can be made available; subcontract files (including proposals of successful and
unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc); original estimates;
estimating work sheets; correspondence; change order files (including documentation covering
negotiated settlements); backcharge logs and supporting documentation; general ledger entries
detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting
evidence deemed necessary by County or the Monroe County Office of the Clerk of Court and
Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this
agreement, and all other agreements, sources of information and matters that may in County's or
the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights,
duties or obligations under or covered by any contract document(all foregoing hereinafter referred
to as "Records") shall be open to inspection and subject to audit and/or reproduction by County's
representative and/or agents or the County Clerk. County or County Clerk may also conduct
verifications such as, but not limited to, counting employees at the job site, witnessing the
distribution of payroll, verifying payroll computations, overhead computations, observing vendor
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and supplier payments, miscellaneous allocations, special charges, verifying information and
amounts through interviews and written confirmations with employees, Subcontractors, suppliers,
and Contractors'representatives.All records shall be kept for ten(10)years after Final Completion
of the Project. The County Clerk possesses the independent authority to conduct an audit of
Records, assets, and activities relating to this Project. If any auditor employed by Monroe County
or the County 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 Section 55.03,
F.S., running from the date the monies were paid to Contractor. The right to audit provisions
survives the termination of expiration of this Agreement.
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 for the applicable retention period following the termination
of this Agreement.
10. STATE OF FLORIDA E-VERIFY
Beginning January 1, 2021, in accordance with Section 448.095, Florida Statutes, as may be
amended from time to time, the Contractor and any subcontractor shall register with and shall
utilize the U.S. Department of Homeland Security's E-Verify system to verify the work
authorization status of all new employees hired by the Contractor during the term of the Contract
and shall expressly require any subcontractors performing work or providing services pursuant to
the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to
verify the work authorization status of all new employees hired by the subcontractor during the
Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not
employ, contract with, or subcontract with an unauthorized alien. The Contractor shall maintain a
copy of such affidavit for the duration of the contract. The Contractor shall comply with and be
subject to the provisions of Section 448.095, Florida Statutes. Pursuant to Section 448.095:
1. A public agency, Bidder, or subcontractor who has a good faith belief that a person or an entity
with which it is contracting has knowingly violated s. 448.09(1) shall terminate the contract with
the person or entity.
2. A public agency that has a good faith belief that a subcontractor knowingly violated this
subsection, but the Bidder otherwise complied with this subsection, shall promptly notify the
Bidder and order the Bidder to immediately terminate the contract with the subcontractor.
3.A contract terminated under this paragraph is not a breach of contract and may not be considered
as such. If a public agency terminates a contract with a Bidder under this paragraph, the Bidder
may not be awarded a public contract for at least 1 year after the date on which the contract was
terminated. A Bidder is liable for any additional costs incurred by a public agency as a result of
the termination of a contract.
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11. UNCONTROLLABLE CIRCUMSTANCES
Any delay or failure of either Party to perform its obligations under this Agreement will be excused
to the extent that the delay or failure was caused directly by an event beyond such Party's control,
without such Party's fault or negligence and that by its nature could not have been foreseen by such
Parry or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire,
earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic
area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats
or acts,riot, or other civil unrest in the geographic area of the Project; (d)government order or law
in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the
date of this Agreement; (f) action by any governmental authority prohibiting work in the
geographic area of the Project;(each, a "Uncontrollable Circumstance"). CONTRACTOR'S
financial inability to perform, changes in cost or availability of materials, components, or services,
market conditions, or supplier actions or contract disputes will not excuse performance by
Contractor under this Section. Contractor shall give County written notice within 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
unanticipated, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall
use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any
Uncontrollable Circumstance are minimized and resume full performance under this Agreement.
The County will not pay additional cost as a result of an Uncontrollable Circumstance. The
Contractor may only seek a no cost Change Order for such reasonable time as the Owner's
Representative may determine.
12. GOVERNING LAW, VENUE, INTERPRETATION. This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida applicable to
contracts made and to be performed entirely in the State. In the event that any cause of action or
administrative proceeding is instituted for the enforcement or interpretation of this Agreement,
the County and Contractor agree that venue will lie exclusively with the appropriate court, or
before the appropriate administrative body, in Monroe County, Florida.
13. SEVERABIL,ITY. If any term, covenant, condition or provision of this Agreement
(or the application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction,the remaining terms, covenants,
conditions and provisions of this Agreement, shall not be affected thereby; and each remaining
term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable
to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants,
conditions and provisions of this Agreement would prevent the accomplishment of the original
intent of this Agreement. The County and Contractor agree to reform the Agreement to replace
any stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
14. ATTORNEY'S FEES AND COSTS. The County and Contractor agree that in the
event any cause of action or administrative proceeding is initiated or defended by any party relative
to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award
against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and
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out-of-pocket expenses in appellate proceedings.
15. BINDING EFFECT. The terms, covenants, conditions, and provisions of this
Agreement shall bind and inure to the benefit of the County and Contractor and their respective
legal representatives, successors, and assigns.
16. AUTHORITY. Each party represents and warrants to the other that the execution,
delivery and performance of this Agreement have been duly authorized by all necessary County
and corporate action, as required by law.
17. ADJUDICATIONS 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 paragraph
34 concerning termination or cancellation.
18. COOPERATION. In the event any administrative or legal proceeding is instituted
against either party relating to the formation, execution,performance, or breach of this Agreement,
County and Contractor agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related to the substance of this
Agreement or provision of the services under this Agreement. County and Contractor
specifically agree that no party to this Agreement shall be required to enter into any arbitration
proceedings related to this Agreement.
19. COVENANT OF NO INTEREST. County and Contractor covenant that neither
presently has any interest, and shall not acquire any interest, which would conflict in any manner
or degree with its performance under this Agreement, and that only interest of each is to perform
and receive benefits as recited in this Agreement.
20. PUBLIC ENTITY CRIME INFORMATION STATEMENT. A person or affiliate
who has been placed on the convicted vendor list following a conviction for a public entity crime
may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public
entity, may not submit a bid, proposal, or reply on a contract with a public entity for the
construction or repair of a public building or public work, 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
Construction Manager, 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.
21. ETHICS.
ETHICS CLAUSE. Contractor warrants that he/she/it had 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
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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.
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.
22. NO SOLICITATION/PAYMENT. The County and Contractor warrant that, in
respect to itself, it has neither employed nor retained any company or person, other than a bona
fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for it, any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. For the breach or
violation of the provision, the Contractor agrees that the County shall have the right to terminate
this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise
recover, the full amount of such fee, commission, percentage, gift, or consideration.
23. PUBLIC RECORDS COMPLIANCE. Contractor must comply with Florida public
records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I
of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access
to, and inspection of, all documents, records, papers, letters or other "public record" materials in
its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and
made or received by the County and Contractor in conjunction with this contract and related to
contract performance. The County shall have the right to unilaterally cancel this contract upon
violation of this provision by the Contractor.Failure of the Contractor to abide by the terms of this
provision shall be deemed a material breach of this contract and the County may enforce the terms
of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to
reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall
survive any termination or expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records Law in
order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required
to:
(1) Keep and maintain public records that would be required by the County to perform the
service.
(2) Upon 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.
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(3) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the contractor does not transfer the
records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public records in
possession of the Contractor or keep and maintain public records that would be required by the
County to perform the service. If the Contractor transfers all public records to the County upon
completion of the contract, the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the Contractor
keeps and maintains public records upon completion of the contract, the Contractor shall meet all
applicable requirements for retaining public records. All records stored electronically must be
provided to the County, upon request from the County's custodian of records, in a format that is
compatible with the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be made
directly to the County, but if the County does not possess the requested records, the County shall
immediately notify the Contractor of the request, and the Contractor must provide the records to
the County or allow the records to be inspected or copied within a reasonable time.
If the Contractor does not comply with the County's request for records, the County shall enforce
the public records contract provisions in accordance with the contract, notwithstanding the
County's option and right to unilaterally cancel this contract upon violation of this provision by
the Contractor. A Contractor who fails to provide the public records to the County or pursuant to
a valid public records request within a reasonable time may be subject to penalties under Section
119.10, Florida Statutes.
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 AT: MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH ST.,
SUITE 408, KEY WEST, FL 33040,
PUBLICRECORDSkMO - , (305) 292-3470.
24. NON-WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28,
Florida Statutes, the participation of the County and the Contractor in this Agreement and the
acquisition of any commercial liability insurance coverage, self-insurance coverage, or local
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government liability insurance pool coverage shall not be deemed a waiver of immunity to the
extent of liability coverage,nor shall any contract entered into by the County be required to contain
any provision for waiver.
25. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from
liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or employees of
any public agents or employees of the County, when performing their respective functions under
this Agreement within the territorial limits of the County shall apply to the same degree and extent
to the performance of such functions and duties of such officers, agents, volunteers, or employees
outside the territorial limits of the County.
26. LEGAL OBLIGATIONS AND RESPONSIBILITIES. Non-Delegation of
Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed
as, relieving any participating entity from any obligation or responsibility imposed upon the
entity by law except to the extent of actual and timely performance thereof by any participating
entity, in which case the performance may be offered in satisfaction of the obligation or
responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing
the delegation of the constitutional or statutory duties of the County, except to the extent permitted
by the Florida constitution, state statute, and case law.
27. NON-RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely
upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-parry
claim or entitlement to or benefit of any service or program contemplated hereunder, and the
County and the Contractor agree that neither the County nor the Contractor or any agent, officer,
or employee of either shall have the authority to inform, counsel, or otherwise indicate that any
particular individual or group of individuals, entity or entities, have entitlements or benefits under
this Agreement separate and apart, inferior to, or superior to the community in general or for the
purposes contemplated in this Agreement.
28. TAXES. County is exempt from payment of Florida State Sales and Use taxes.
Contractor shall not be exempted by virtue of the County's exemption from paying sales tax to its
suppliers for materials used to fulfill its obligations under this contract, nor is Contractor
authorized to use the County's Tax Exemption Number in securing such materials. Contractor
shall be responsible for any and all taxes, or payments of withholding, related to services rendered
under this Agreement.
29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be
deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe
County in his or her individual capacity, and no member, officer, agent or employee of Monroe
County shall be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
30. EXECUTION IN COUNTERPARTS. This Agreement may be executed in any
number of counterparts, each of which shall be regarded as an original, all of which taken together
shall constitute one and the same instrument and any of the parties hereto may execute this
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Agreement by signing any such counterpart.
31. SECTION HEADINGS. Section headings have been inserted in this Agreement as a
matter of convenience of reference only, and it is agreed that such section headings are not a part
of this Agreement and will not be used in the interpretation of any provision of this Agreement.
32. PROFESSIONAL RESPONSIBILITY. The Contractor warrants that it is
authorized by law to engage in the performance of the activities encompassed by the project herein
described, subject to the terms and conditions set forth. The provider shall at all times exercise
independent, professional judgment and shall assume professional responsibility for the services
to be provided. Continued funding by the Board is contingent upon retention of appropriate local,
state, and/or federal certification and/or licenser of contractor.
33. NOTICE REQUIREMENT. All written correspondence to the COUNTY shall be
dated and signed by an authorized representative of the CONTRACTOR. Any notice required or
permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-paid,
to the COUNTY by certified mail,return receipt requested, Any written notices or correspondence
given pursuant to this contract shall be sent by United States Mail, certified, return receipt
requested and postage pre-paid, or by courier with proof of delivery and delivery pre-paid. to the
following:
FOR COUNTY FOR CONTRACTOR
Christine Hurley Martin S. Volland
County Administrator President
1100 Simonton Street 209 N Airport Rd
Key West, FL 33040 Tavernier, FL 33070
(305) 292-4441 (305)522-6426
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.
34. TERMINATION.
In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, the
COUNTY shall have the right to terminate this agreement after five days written notification to
the CONTRACTOR.
A. Either of the parties hereto may cancel this Agreement without cause by giving the
other party thirty (30) days written notice of its intention to do so.
B. Termination for Cause and Remedies: In the event of breach of any contract terms,the
COUNTY retains the right to terminate this Agreement. The COUNTY may also
terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail
to perform the covenants herein contained at the time and in the manner herein
provided. In the event of such termination, prior to termination, the COUNTY shall
provide CONTRACTOR with five (5) calendar days' notice and provide the
CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach
is not cured, the Agreement will be terminated for cause. If the COUNTY terminates
11
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.
C. Termination for Convenience: The COUNTY may terminate this Agreement for
convenience, at any time, upon 30 days' notice to CONTRACTOR. If the COUNTY
terminates this Agreement with the CONTRACTOR, COUNTY shall pay
CONTRACTOR the sum due the CONTRACTOR under this AGREEMENT prior to
termination, unless the cost of completion to the COUNTY exceeds the funds
remaining in the contract. The maximum amount due to CONTRACTOR shall not
exceed the spending cap in this Agreement.
D. For Contracts of any amount, if the County determines that the Contractor/Consultant
has submitted a false certification under Section 287.135(5), Florida Statutes or has
been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a
boycott of Israel, the County shall have the option of(1) terminating the Agreement
after it has given the Contractor/Consultant written notice and an opportunity to
demonstrate the agency's determination of false certification was in error pursuant to
Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the
conditions of Section 287.135(4), Florida Statutes, are met.
35. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY.
CONTRACTOR and COUNTY agree that there will be no discrimination against any person, and
it is expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action
on the part of any party, effective the date of the court order. CONTRACTOR and COUNTY
agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable,
relating to nondiscrimination. These include but are not limited to: 1)Title 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 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
12
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; 11) Any other
nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or
the subject matter of, this Agreement.
During the performance of this Agreement, the CONTRACTOR, in accordance with Equal
Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339),
as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal
Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of Labor), see 2
C.F.R. Part 200, Appendix II,¶C, agrees as follows:
1) The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender
identity, or national origin. The contractor will take affirmative action to ensure
that applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex, sexual
orientation, gender identity, or national origin. Such action shall include, but
not be limited to the following: Employment, upgrading, demotion, or transfer,
recruitment or recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be provided setting
forth the provisions of this nondiscrimination clause.
2) The contractor will, in all solicitations or advertisements for employees placed
by or on behalf of the contractor, state that all qualified applicants will receive
consideration for employment without regard to race,color,religion, sex,sexual
orientation, gender identity, or national origin.
3) The contractor will not discharge or in any other manner discriminate against
any employee or applicant for employment because such employee or applicant
has inquired about, discussed, or disclosed the compensation of the employee
or applicant or another employee or applicant. This provision shall not apply to
instances in which an employee who has access to the compensation
information of other employees or applicants as a part of such employee's
essential job functions discloses the compensation of such other employees or
applicants to individuals who do not otherwise have access to such information,
unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding, hearing, or action, including an
investigation conducted by the employer, or is consistent with the contractor's
legal duty to furnish information.
4) The contractor will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other contract or
understanding, a notice to be provided advising the said labor union or workers'
representative of the contractor's commitments under this section and shall post
copies of the notice in conspicuous places available to employees and applicants
for employment.
13
5) The contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
6) The contractor will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by the rules, regulations, and orders
of the Secretary of Labor, or pursuant thereto, and will permit access to his
books, records, and accounts by the administering agency and the Secretary of
Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
7) In the event of the contractor's noncompliance with the nondiscrimination
clauses of this contract or with any of the said rules, regulations, or orders, this
contract may be canceled, terminated or suspended in whole or in part and the
contractor may be declared ineligible for further Government contracts or
federally assisted construction contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive
Order 11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
8) The Contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (8) in every
subcontract or purchase order unless exempted by rules, regulations, or orders
of the Secretary of Labor issued pursuant to section 204 of Executive Order
11246 of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The Contractor will take such action with respect to
any subcontract or purchase order as the administering agency may direct as a
means of enforcing such provisions, including sanctions for non-compliance;
provided, however, that in the event a contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such
direction by the administering agency, the contractor may request the United
States to enter into such litigation to protect the interests of the United States.
36. CLAIMS FOR FEDERAL OR STATE AID. Contractor and County agree that
each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further
the purpose of this Agreement; provided that all applications, requests, grant proposals, and
funding solicitations shall be approved by each party prior to submission. Any conditions
imposed as a result of the funding that affect the Project will be provided to each party.
37. MUTUAL REVIEW.This agreement has been carefully reviewed by the Contractor
and the County; therefore this agreement is not to be construed against either party on the basis of
authorship.
38. INCORPORATION OF RFP DOCUMENTS. The terms and conditions of the
RFP documents are incorporated by reference in this contract agreement.
39. ENTIRE AGREEMENT. This writing embodies the entire agreement and
understanding between the parties hereto, and there are no other agreements and understandings,
oral or written, with reference to the subject matter hereof that are not merged herein and
14
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EXHIBIT A
SCOPE OF WORK
PROJECT DESCRIPTION
Monroe County, Florida invites firms to submit proposals to complete a habitat restoration
project on nine (9) separate Monroe County Conservation Lands located on Big Pine, No Name,
and Little Torch Keys. Work includes the removal of invasive exotic plant species followed by
planting of native trees and shrubs to restore the sites. The project includes the supply and
installation of native plant material by the Contractor as specified below.
PROJECT LOCATION
See site specific maps included below for more information (all properties are vacant parcels and are easily
accessed y adjacent roads)
Site 1: RE# 00110650-000000; 31685 Warner St, Big Pine Key
Site 2: RE# 00110810-000000; 31543 Warner St, Big Pine Key
Site 3: RE# 00110810-000200; 31551 Warner St Big Pine Key
Site 4: RE# 00305940-000000; 31324 Avenue G, Big Pine Key
Site 5: RE# 00303680-000000: 31014 Avenue E, Big Pine Key
Site 6: RE# 00302930-000000; 31365 Avenue C, Big Pine Key
Site 7: RE# 00256790-000000; 148 Palmetto Ave, Big Pine Key
Site 8: RE# 00108480-000000; No Name Key Pt Lot 1
Site 9: RE# 00113150-000000; 1561 State Rd 4A, Little Torch Key
16
GENERAL LOCATION MAP
Sites outlined in blue and referenced by site #
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SCOPE OF WORK
The project includes the removal of non-native and invasive exotic vegetation from the specified
sites followed by planting of native trees and shrubs.
PART 1: INVASIVE EXOTIC REMOVAL WORK
The following is a list of non-native and invasive exotic vegetation to be removed by Contractor
at each site, counts are given for reference only, Contractor is required to remove all individuals
of species listed:
Site 1: Three (3)Australian pines and nine (9)Washingtonia palms
Site 2: Stand of medium-large Australian pines (alive and dead), three (3) coconut palms, one (1) date
palm
Site 3: Three (3) coconut palms
Site 4: No exotic removal work required
Site 5: One (1) large woman's tongue (Albizia lebbeck), three (3)medium Albizia; three (3)
Washingtonia palms; (3)patches of Surinam cherry; (3)large Brazilian peppers; (3) Christmas palms
Site 6: Two(2) coconut palms; one (1) Washingtonia palm; bananas
Site 7: One (1)Washingonia palm; one (1)Brazilian pepper
Site 8: No exotic removal work required
17
Site 9: Stand of approximately twelve (12) coconut palms, many small Australian pines, many medium
size Brazilian peppers, mahoes, bowstring hemp (Sansevieria spp), and night-blooming cereus/
climbing cactus (Hylocereus undatus).
Trees must be fully removed by the contractor except for one tall palm tree (maximum) at each site that
may be topped and left standing to provide a perch for birds. This remaining trunk must not be within
falling distance of adjacent roads, power lines, or structures.
The invasive exotic plant species listed per site shall be physically removed and treated as follows
(Garlon 3A shall be diluted in water& Garlon 4 shall be diluted in a County approved vegetable-based
oil):
Target Species Treatment Method
Australian pine 50% Garlon 3A applied to cut surface immediately after cut
Casuarina s or 20% Garlon 4 applied to stump's cut surface and sides
Brazilian pepper 50% Garlon 3A applied to cut surface immediately after cut
(Schinus terebinthi olius) or 20% Garlon 4 applied to stump's cut surface and sides
Washingtonian palm Physically remove
Washin tonia robusta
Coconut palm Physically remove
Cocos nuci era
Senegal date palm Physically remove
Phoenix reclinata
Seaside mahoe 50% Garlon 3A applied to cut surface immediately upon
Thes esia o ulnea cutting
Woman's tongue 50% Garlon 3A applied to cut surface immediately after cut
Albizia lebbeck or 20% Garlon 4 applied to stump's cut surface and sides
night-blooming cactus Hand pull entire plant and physically remove all material
(Hylocereus undatus) from the site; place in neat pile on roadside for county
pickup (removal work may require ladders and/or pole saws
to remove cactus from tree canopy)
bowstring hemp Cut and remove blade; immediately treat cut base with 10%
(Sansevieria glyphosate in water; place cut material in neat pile on
h acinthoides) roadside for County pickup
Any additional treatment methods or changes to the methods listed above must be pre-approved
by the County Land Steward.
Contractor shall utilize quart-sized, chemical resistant spray bottles, such as "Spraymaster"
bottles (or similar), for herbicide application. The contents must be clearly labeled on the
outside of the bottle. A dye shall be used to facilitate identification of treated stems. Herbicides
will be applied using a low-pressure spray to minimize drift and non-target damage.
Stumps of removed trees may remain on site but must be cut as low to the ground as possible.
Cuts will be made level to the ground to minimize herbicide runoff prior to absorption. A
machete may not be used to cut trees as it creates a jagged cut; loppers or saws are preferred
tools. An appropriate herbicide shall be applied within one (1)minute of stump preparation.
18
Contractor is responsible for proper disposal of vegetative debris resulting from plant removal work
except for palm trunks and fronds (if they can't be chipped) may be cut into 4-5-foot sections and neatly
piled by the road for pickup by County claw truck. Additionally, the Contractor may pile bowstring
hemp and night blooming cactus by road for County pickup at no cost to Contractor.
The contractor may utilize a chipper (not required). Any hardwood mulch (non-palm) created by
the project may be used for the planting project(see Part 2) or may be disposed of in one of the
following ways (as determined by the County Land Steward):
1. Spread evenly across the site (mulch may not be placed in wetlands or cover existing
native vegetation); or
2. Removed from the site and properly disposed of at no cost to the County.
All herbicide treatments shall be at least 95% effective in preventing re-sprout of treated plants.
If 95%kill rate is not achieved for any area of the project after two (2) months past initial project
completion; one additional treatment of the exotic plants in the problem area shall be the
responsibility of the Contractor at no additional cost to the County.
PART 2: NATIVE PLANTING PROJECT
Once the invasive exotic plant removal portion of the project has been completed then the Contractor
may begin the native planting project. The installation of plant material will require augering holes (or
digging holes with backhoe or similar) and addition of organic soil (50/50 mix or similar) as needed, as
determined by Land Steward. Plants must be installed level with surrounding elevation; no mounding of
soil. Mulch must be placed around all plantings (mulch supplied by the contractor) at approximately 2-3
inches in depth. Large trees must be staked/braced as needed. Piles of soil from digging holes must be
spread out and not left in piles.
This project is for the supply (total of 640 plants) and installation of said plant material on
all sites. All plants must be landscape quality, with full canopy, and must meet the minimum
specifications listed on the attached plant list. All plant material must be approved by the Land
Steward prior to installation. The County reserves the right to reject any landscape materials due
to poor quality. See vegetation list below.
Additionally, the Contractor shall auger/ dig holes for plants to be planted by the County. A
total of forty holes will be augered/dug to a size large enough to accommodate 3-5 gallon pots.
Each of the following sites shall have 10 holes dug at locations specified by County: Sites 2, 4, 5,
& 8.
PART 3: WATERING
Watering requirements: the Contractor is responsible for four watering events (via water truck or
similar): one on the day of planting; the second within 2-3 days after planting; the third 2-3 days
following the second watering; and the fourth 7 days following the third watering. If it rains
prior to the second, third, or fourth watering, then the Contractor shall hold off on the watering
event until it hasn't rained for 2-4 days. Contractor may access water supply at Land Steward
office location on Big Pine Key. Contractor is responsible for supplying water tank, hoses, and
any other necessary equipment to complete the required watering.
19
PLANT MATERIALS LIST TO BE SUPPLIED BY THE CONTRACTOR
Contractor shall obtain, transport to the subject sites, and install the following native plant
material. Substitutions are not accepted unless previously approved by the Land Steward. Field
grown may be substituted for minimum pot size if plant meets minimum height requirement.
Site 1: RE# 00110650-000000; 31685 Warner St, Big Pine Ke
Common Name Scientific Name Minimum Pot Size Total
& approximate min Quantity
height
Bay cedar Suriana maritima 7 gal 3ft 6
Blolly Gua ira discolor 15 gal Eft 3
Green buttonwood Concarpus erectus 7 gal (4ft), 15
Bushy growth
Gulf cord grass S artina s artinae 1 gal lft bunch 30
Sabal palm Sabal almetto 5ft clear trunk 2
Sea grape Coccoloba uvi era 7 al 4ft 9
Wild dilly Manilkara 7 gal (3ft) 2
aimi ui emar inata
Total 66
Site 2: RE# 00110810-000000; 31543 Warner St, Big Pine Ke
Common Name Scientific Name Minimum Pot Size Total
& approximate min Quantity
height
Bay cedar Suriana maritima 7 gal 3ft 15
Blackbead Pithecellobium ke ense 7 al 3ft 15
Blolly Gua ira discolor 15 gal Eft 5
Green buttonwood Concarpus erectus 7 gal (4ft), 30
bushy growth
Green buttonwood Concarpus erectus 3 gal (2ft) 30
bushy growth
Gulf cord grass S artina s artinae 1 gal lft bunch 30
Gumbo Limbo Bursera simaruba 7 gal Oft 8
Jamaican caper Quadrella c no hallo hora 3 gal 3ft 13
Joewood Jac uinia ke ensis 3 gal 2ft 5
Limber caper C no halla exuosa 3 gal 2ft 15
Sabal palm Sabal palmetto 5ft clear trunk 4
Sea grape Coccoloba uvi era 7 gal 4ft 25
Seven-year apple Casasia clusii olia 7 gal 3ft 4
Wild dilly Manilkara 7 gal (3ft) 6
Jaimi ui emar inata
Total 205
20
Site 3: RE# 00110810-000200; 31551 Warner St Big Pine Ke
Common Name Scientific Name Minimum Pot Size Total
& approximate min Quantity
height
Bay cedar Suriana maritima 7 gal 3ft 9
Green buttonwood Concar us erectus 7 gal 4ft 15
Gulf cord grass S artina s artinae 1 gal lft clump) 15
Sea grape Coccoloba uvi era 7 gal 4ft 8
Wild dilly Manilkara 7 gal (3ft) 2
jaimi ui emar inata
Total 49
Site 4: RE# 00305940-000000; 31324 Avenue G, Big Pine Ke
Common Name Scientific Name Minimum Pot Size Total
& approximate min Quantity
height
Blackbead Pithecellobium ke ense 7 gal 3ft 8
Blolly Gua ira discolor 15 gal Eft 4
Fiddlewood Citharex lum s inosum 15 gal 5ft 1
Green buttonwood Conocar us erectus 7 gal 4ft 6
Gumbo limbo Bursera simaruba 15 gal 8ft 4
Limber caper C no halla exuosa 3 gal 2ft 10
Pigeon plum Coccoloba diversi olia 15 gal 8ft 4
Sea grape Coccoloba uvi era 7 gal 4ft 2
Silver sea oxeye daisy Borrichia frutescens 1 gal (lft- 10
multistem
Spanish stopper Eu enia oetida 7 gal 3ft 8
Wild lime Zanthox lum a ara 7 gal 3ft 2
Total 60
Site 5: RE# 00303680-000000: 31014 Avenue E, Big Pine Key
Common Name Scientific Name Minimum Pot Size Total
& approximate min Quantity
height
Blackbead Pithecellobium ke ense 7 gal Oft 8
Blolly Gua ira discolor 15 gal Eft 2
Fiddlewood Citharex lum s inosum 7 gal 3ft 2
Green buttonwood Conocar us erectus 7 gal 4ft 2
Gumbo limbo Bursera simaruba 15 gal Eft 4
Pigeon plum Coccoloba diversi olia 15 gal Eft 4
Sea ra e Coccoloba uvi era 7 gal 4ft 2
Smooth Stron back Bourreria succulenta I 7 al 4ft 3
21
Spanish stopper Eu enia oetida 7 gal 3ft 5
Wild lime Zanthox lum a ara 7 gal 3ft 2
Willow Bustic Siderox lon salici olium 15 gal 8ft 1
Total 35
Site 6: RE# 00302930-000000; 31365 Avenue C, Big Pine Key
Common Name Scientific Name Minimum Pot Size Total
& approximate min Quantity
height
Blackbead Pithecellobium ke ense 7 gal 3ft 3
Gumbo limbo Bursera simaruba 15 gal Eft 2
Jamaica caper Quadrella c no hallo hora 3 al aft 4
Pigeon plum Coccoloba diversi olia 15 gal Eft 3
Spanish stopper Eu enia oetida 7 gal 3ft 5
White stopper Eugenia axillaris 7 gal 3 ft 5
Total 22
Site 7: RE# 00256790-000000; 148 Palmetto Ave, Big Pine Key
Common Name Scientific Name Minimum Pot Size Total
& approximate min Quantity
height
Blackbead Pithecellobium ke ense 7 gal 3ft 5
Gumbo limbo Bursera simaruba 15 gal Eft 4
Jamaica caper Quadrella c no hallo hora 3 gal 3ft 6
Keys thatch palm Thrinax morrisii 3 gal (2 ft 3
Locustberry B rsonima lucida 7 gal 2ft 2
Long stalked stopper Mosiera lon i es 3 gal 1 ft 3
Pigeon plum Coccoloba diversi olia 15 gal Eft 4
Shortleaf Fig Ficus citri olia 7 gal 6 ft 1
Wild dilly Manilkara 7 gal (3ft) 1
jaimi ui emar inata
Total 29
Site 8: RE# 00108480-000000; No Name Key Pt Lot 1
Common Name Scientific Name Minimum Pot Size Total
& approximate min Quantity
height
Blackbead Pithecellobium ke ense 7 gal 3ft 15
Blolly Gua ira discolor 15 gal Eft 15
Christmas berry L cium carohnianum 1 gal lft 8
Green buttonwood Conocar us erectus 7 gal Oft 15
Gulf cord grass S artina s artinae 1 gal lft bunch 20
Gumbo limbo Bursera simaruba 15 gal 8ft 8
Jamaican caper Quadrella c no hallo hora 7 gal 3ft 6
Joewood Jac uinia ke ensis 3 gal 2ft 8
22
Locust berry B rsonima lucida 7 gal 2ft 6
Pigeon plum Coccoloba diversi olia 15 gal 8ft 4
Sea grape Coccoloba uvi era 7 gal 4ft 10
Strangler fig Ficus aurea 15 gal 8ft 2
Wild dilly Manilkara 7 gal (3ft) 6
Jaimi ui emar inata
Total 123
Site 9: RE# 00113150-000000; 1561 State Rd 4A, Little Torch Key
Common Name Scientific Name Size& approximate Total
min height Quantity
Blackbead Pithecellobium ke ense 3 gal 3ft 8
Blolly Gua ira discolor 15 gal Eft 8
Jamaican caper Quadrella c no hallo hora 3 gal 3ft 8
Sea grape Coccoloba uvi era 7 gal 4ft 8
Seven-year apple Casasia clusii olia 7 gal 3ft 2
Spanish stopper Eu enia oetida 7 gal 3ft 12
Strangler fig Ficus aurea 15 gal 8ft 1
Wild lime Zanthox lum a ara 7 gal 3ft 2
Wild dilly Manilkara 7 gal (3ft) 2
aimi ui emar inata
Total 51
GENERAL SPECIFICATIONS FOR BOTH PART 1 & PART 2:
Work must be performed during normal work hours (between 7:30 am and 5:30 pm), Monday
through Friday. No work may occur during weekends or on holidays observed by Monroe
County (except for watering which may occur anytime during daylight hours).
Contractor must not disturb existing native vegetation on the sites. Any ruts created by
Contractor's equipment must be smoothed and graded at end of project. The sites must be left
clean and in good condition. No heavy equipment or mulch is allowed in wetlands.
The Contractor will provide all necessary equipment to complete the project including (but not
limited to)backhoes, augers, bucket trucks, hand tools, chainsaws, chippers (not required),
vehicles, sprayers, garbage bags and personal protective equipment. The Contractor will also
provide all materials for herbicide treatment(including herbicide and adjuvants) and will strictly
adhere to all herbicide label requirements.
On-site crew supervisors must be bilingual if their crew includes non-English speakers.
Contractors entering the Keys from areas outside of Monroe County (Keys) must adhere to the
following equipment decontamination protocol:
• Mandatory decontamination protocols must be followed for vehicles and equipment prior to
entering Keys from areas outside of the County (Keys).
23
• If decontamination is required by the County then the contractor must utilize a designated
decontamination site within Monroe County. The County shall supply the contractor with a
list of designated decontamination sites if necessary.
Decontamination protocols:
• All equipment including but not limited to vehicles, trailer, ATV's, and chippers must be
cleaned with a pressure washer(at a County approved facility). Decontamination protocols
include spraying down all equipment surfaces including the undercarriage and tires to
ensure that mud, vegetative debris and other debris is not transported from the previous
treatment site. Special attention will be paid to equipment that has worked at sites where
Lygodium, Cogon grass and other exotics specific to the mainland were treated to prevent
the spread of these species into Monroe County.
• Equipment such as chain saws, loppers, etc. used for cut stump treatment must be wiped
down and cleaned so that they are free of debris.
Prior to the commencement of the project, the contractor and the County Land Steward shall
discuss the necessity for a decontamination plan. If the County requires a plan, then the
contractor shall submit a brief decontamination plan in writing, to the County for approval. The
decontamination plan shall identify specific decontamination procedures and decontamination
sites. Decontamination protocols may vary depending upon the nature of the treatment site, type
of treatment conducted at the site, and the exotic species that were treated.
In order to take advantage of seasonal rains, the planting portion of the project should be
completed by October 31, 2025.
24
SITE SPECIFIC LOCATION MAPS
Subject parcels outlined in blue
St Bi Pine Ke Site 1 - RE# 00110650-000000� 31685 W
arn
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Sites 2 & 3:
Site 2 =RE# 00110810-000000; Site 3 =RE# 00110810-000200; 31543 & 31551 Warner St, Big Pine
Key
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25
Site 4: RE# 00305940-000000; 31324 Avenue G, Big Pine Key
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Site 5: RE# 00303680-000000: 31014 Avenue E, Big Pine Key
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Site 6: RE# 00302930-000000; 31365 Avenue C, Big Pine Key
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Site 7: RE# 00256790-000000; 148 Palmetto Ave, Big Pine Key
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27
Site 8: RE# 00108480-000000; No Name Key Pt Lot 1 (planting area marked by red"X")
Yy/, % vi i xmry G➢x%l I ',� � ' i �i r r u V u I
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Site 9: RE# 00113150-000000; 1561 State Rd 4A, Little Torch Key
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28
EXHIBIT A-1
REQUEST FOR PROPOSALS
FOR
Native Habitat Restoration Project
ON
MONROE COUNTY CONSERVATION LANDS
LOCATED ON
BIG PINE, NO NAME, AND LITTLE TORCH KEYS
MONROE COUNTY, FLORIDA
o
O ti�
Z �
F
E
BOARD OF COUNTY COMMISSIONERS
Mayor James K Scholl, District 3
Mayor Pro Tem Michelle Lincoln, District 2
Commissioner Craig Cates, District 1
Commissioner David Rice, District 4
Commissioner Holly Merrill Raschein, District 5
COUNTY ADMINISTRATOR
CHRISTINE HURLEY
LAND STEWARD
BETH BERGH
CLERK OF THE CIRCUIT COURT
KEVIN MADOK
JUNE 2025
TABLE OF CONTENTS
Page
NOTICE 2
SECTION ONE 3
Instruction to Respondents
SECTION TWO 20
Proposal Specifications
SECTION THREE 33
Contract
BID PROPOSAL/FORMS 60
NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS
NOTICE IS HEREBY GIVEN that on Thursday, August 7, 2025, at 3:00 P.M., the
Monroe County Purchasing Office will receive and open sealed responses for the following:
Native Habitat Restoration Project on Monroe County Conservation Lands
Pursuant to F.S. § 50.0211(3)(a), all published competitive solicitation notices can be
viewed at: www.floridapublicnotices.com, a searchable Statewide repository for all
published legal notices. Requirements for submission and the selection criteria may be
requested from the County's electronic bidding platform at https://monroecoun1y-
fl.bonfirehub.com OR www.monroecounty-fl.�zov/BonfireBids. The Public Record is available
upon request.
Monroe County Purchasing Department receives bids via the Bonfire electronic bidding
platform. Please do not e in a i I, mail or attempt to deliver in person any sealed bids.
Emailed/mailed/physically delivered bids/proposals/responses WILL NOT be accepted.
The Monroe County Purchasing Department hereby directs that bids be submitted via the
Bonfire electronic bidding platform at https://monroecounty-fl.bonfirehub.com, no later than
3:OOP.M. on August 7, 2025. There is no cost to the bidder to use the Bonfire platform.
Please do not submit your confidential financial information as part of your proposal. There
are separate uploads for each set of documents, including confidential financial information. All
proposals will be made public on the platform after an intended decision or 30 days, whichever is
earlier, unless the bids/proposals are rejected in accordance with F.S. 119.071. If your proposal
document includes financial information, that information will not be considered confidential
and will be available and viewable to the public in accordance with public records law.
The bid opening for this solicitation will be held virtually, via the internet, at 3:00 P.M., on
Thursday,August 7, 2025. You may call in by phone or internet using the following:
Join Zoom Meeting
https:Hmcbocc.zoom.us/i/4509326156
Meeting ID: 4509326156
One tap mobile:
+16465189805„45093261564 US (New York)
+16699006833„45093261564 US (San Jose)
Dial by your location:
+1 646 518 9805 US (New York)
+1 669 900 6833 US (San Jose)
Publication Dates
Keys Citizen: Sat., 07/05/25
Keys Weekly: Thur., 07/10/25
News Barometer: Fri., 07/11/25
2
SECTION ONE
INSTRUCTION TO RESPONDENTS
1.01 INTRODUCTION DESCRIPTION
The project is the removal of invasive exotic species and the installation of native trees and
shrubs on specific Monroe County conservation lands located on Big Pine Key, No Name Key,
and Little Torch Key. The purpose of the project is to restore native habitat on currently
disturbed sites. Contractor is responsible for acquiring all plant material included in the project
specifications.
A bid bond is not required. Payment and performance bonds are not required. There are
no liquidated damages.
1.02 DEFINED TERMS
As used in this Request for Proposals (RFP), the following terms shall have the meanings or
definitions set forth below:
The terms Bidder, Contractor, Proposer, and Respondent are synonymous.
Addenda/Addendum: Any written or graphic instruments issued by the Owner, its
agents, employees, or consultants prior to the receipt of Proposals, which modify or
interpret the Proposal Documents by additions, deletions, clarifications, or
corrections.
Alternate Proposal: (or Alternate) An amount stated in the Proposal to be added to
or deducted from the amount of the Base Proposal if the corresponding change in
the Work, as described in the Proposal Documents, is accepted by Owner.
Base Proposal: The sum stated in the Proposal for which the Proposer offers to
perform the Work described in the Proposal Documents as the base, to which may
be added or from which Work may be deleted for sums stated in an Alternate
Proposal or Owner Option Proposals.
Bidder: One who submits a response to a request for bid/proposal (RFP). That
person or entity duly authorized, upon award of a contract, to have a Contract with
the County to provide the product and/or services set forth herein and incurring
liability for the same.
n r : The written contract resulting from this solicitation between the
County and the awarded Respondent, including this RFP, and the awarded
Respondent's response along with any written addenda and other written
documents, which are expressly incorporated by reference.
Contractor: One who submits a response to a request for proposal (RFP). That
3
person or entity duly authorized, upon award of a contract, to have a Contract with
the County to provide the product and/or services set forth herein and incurring
liability for the same.
Coup : The word"County" refers to the County of Monroe, Florida.
Dav: The word"day" means each calendar day or accumulation of calendar days.
Department: Unless otherwise noted, "Department" shall refer to the Monroe
County Land Steward.
Owner: The word Owner is synonymous with"Monroe County".
Perform: Means to comply fully with the specified or implied requirements of the
Contract.
Person or Persons: An individual, firm, partnership, corporation, association,
executor, administrator, trustee, or other legal entity, whether singular or plural,
masculine or feminine, as the context may require.
Proposal: The document submitted in response to a formal solicitation used to
determine a contract award.
Proposer: One who submits a response to a request for proposal (RFP). That person
or entity duly authorized, upon award of a contract, to have a Contract with the
County to provide the product and/or services set forth herein and incurring liability
for the same.
Respondent: One who submits a response to a request for proposal (RFP). That
person or entity duly authorized, upon award of a contract, to have a Contract with
the County to provide the product and/or services set forth herein and incurring
liability for the same.
Unit Price: Amount stated in the Proposal as a price per unit of measurement for
materials or services as described in the Proposal Documents or in the proposed
contract documents. Unit prices shall apply to change orders.
1.03 COPIES OF BIDDING DOCUMENTS
A. Only complete sets of Bidding Documents will be issued and shall be used in
preparing bids. The OWNER does not assume any responsibility for errors or
misinterpretations resulting from the use of incomplete sets.
B. Complete sets of Bidding Documents may be obtained in the manner and at the
location stated in the Notice of Requesting for Proposals.
4
C. Submitted Proposals MUST include an Insurance Agent's Statement and a
completed Insurance Checklist, and all forms and requirements as called for in the
Request for Proposals. Failure to include all necessary forms and licenses will
result in a non-responsive proposal.
1.04 QUALIFICATIONS OF RESPONDENTS (TO BE SUBMITTED WITH
PROPOSAL)
A. Each proposal must contain evidence of the Respondent's qualifications to do
business on Monroe County conservation lands.
B. To demonstrate qualifications to provide the goods and services, each respondent
shall submit the information required under Section 1.11.
C. Each respondent shall be required to provide evidence, such as an insurance
Agents Statement, that the required insurance limits are met or are able to be
obtained.
1.05 REQUIRED COUNTY FORMS
A. AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR
SERVICES: Any non-governmental entity submitting a bid or proposal in
response to this invitation must execute the attached AFFIDAVIT ATTESTING
TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES and submit it
with his/her/its bid or proposal. Failure to complete this form in every detail and
submit it with the bid or proposal may result in immediate disqualification of the
bid or proposal.
B. NON-COLLUSION AFFIDAVIT: Any person submitting a bid or proposal in
response to this invitation must execute the enclosed NON-COLLUSION
AFFIDAVIT. If it is discovered that collusion exists among the respondents, the
bid or proposals of all participants in such collusion shall be rejected, and no
participants in such collusion will be considered in future bids for the same work.
C. ETHICS CLAUSE: Any entity submitting a bid or proposal in response to this
RFP must execute the enclosed ETHICS CLAUSE. If it is discovered that the
entity employed, retained or otherwise had act on his/her behalf any former
County officer or employee in violation of Section 2 of Ordinance No. 010-1990
or any County officer or employee in violation of Section 3 of Ordinance No.
010-1990, 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.
D. DRUG-FREE WORKPLACE FORM: Any person submitting a bid or proposal in
response to this invitation must execute the enclosed DRUG-FREE
5
WORKPLACE FORM and submit it with his bid or proposal. Failure to
complete this form in every detail and submit it with your bid or proposal may
result in immediate disqualification of your bid or proposal.
E. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime may not
submit a bid on a contract to provide any goods or services to a public entity, may
not submit a bid on a contract with a public entity for the construction or repair of
a public building or public work, may not submit bids on leases 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, for CATEGORY TWO for a
period of 36 months from the date of being placed on the convicted vendor list.
F. VENDOR CERTIFICIATION REGARDING SCRUTINIZED COMPANIES:
Section 287.135, Florida Statutes prohibits a company from bidding on,
submitting a proposal for, or entering into or renewing a contract for goods or
services of any amount if, at the time of contracting or renewal, the company is on
the Scrutinized Companies that Boycott Israel List, created pursuant to Section
215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135,
Florida Statutes, also prohibits a company from bidding on, submitting a proposal
for, or entering into or renewing a contract for goods or services of$1,000,000 or
more, that are on either the Scrutinized Companies with Activities in Sudan List
or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in
business operations in Cuba or Syria.
G. FOREIGN ENTITIES AFFIDAVIT: Any entity submitting a bid or proposal in
response to this invitation must execute the enclosed FOREIGN ENTITIES
AFFIDAVIT and submit it with his bid or proposal. Failure to complete this form
in every detail and submit it with your bid or proposal may result in immediate
disqualification of your bid or proposal
1.06 EXAMINATION OF PROPOSAL/CONTRACT DOCUMENTS
A. Each respondent shall carefully examine the contract documents and inform itself
thoroughly regarding any and all conditions and requirements that may in any
manner affect the cost or the goods or the services to be provided under the
contract. Ignorance on the part of the respondent will in no way relieve him/her
of the obligations and responsibilities assumed under the contract.
B. Should a Respondent find discrepancies or ambiguities in, or omissions from, the
proposal documents, or should the organization be in doubt as to their meaning,
the organization shall at once notify the County in writing by email to Beth
Bergh, Monroe County Land Steward, at Ber h-beth&monroecougjy fl..gov
6
C. The submission of a Proposal will constitute a representation by the Proposer that
he/she/it has complied with every requirement of Section 1.06 and that the
Proposal Documents are sufficient in scope and detail to indicate and convey an
understanding of all terms and conditions for performance of the work.
1.07 SITE VISIT
Respondents are encouraged to conduct a site visit to familiarize themselves with the nine (9)
project sites. Site visits or "walk arounds" may be coordinated directly with Mr. Taylor Hunt,
Assistant Land Steward for the Lower Keys, by phoning (305) 394-1030. Failure by a
Respondent to conduct a site visit shall not provide a basis for a protest of the bid award. There
is no mandatory pre-bid meeting.
1.08 INTERPRETATIONS, CLARIFICATIONS,AND ADDENDA
No oral interpretations will be made to any Respondent as to the meaning of the contract
documents. All inquiries or requests shall be submitted in writing to the Monroe County Land
Steward, c/o Monroe County Land Authority, 1200 Truman Ave, Suite 207, Key West Florida,
33040 — Attn. Beth Bergh or by e-mail at bergh-beth@monroecounty-fl.gov. Any inquiry or
request for interpretation received in writing seven (7) or more days (excluding Saturdays,
Sundays, and holidays) prior to the date fixed for opening of responses will be given
consideration. All such changes or interpretations will be made in writing in the form of an
Addendum and, if issued, will be furnished by posting on the website at https://monroecounty-
fl.bonfirehub.com OR www.monroecounty .gov/BonfireBids prior to the established opening
date. Interpretations, corrections, or changes of the Proposal Documents made in any other
manner will not be binding, and Proposers shall not rely upon such interpretations, corrections,
and changes. Oral and other interpretations or clarifications will be without legal effect.
Each Respondent shall acknowledge receipt of such Addenda in their Response. In case any
Respondent fails to acknowledge receipt of such Addenda or Addendum, its proposal will
nevertheless be construed as though it had been received and acknowledged and the submission
of its proposal will constitute acknowledgment of the receipt of same. All Addenda are a part of
the contract documents, and each Respondent will be bound by such Addenda, whether or not
received by it. It is the responsibility of each Respondent to verify that it has received all
Addenda issued before proposals are opened.
No Addenda will be issued later than five (5) business days prior to the date for receipt of
Proposals except for an Addendum withdrawing the Request for Proposals or one which
includes postponement of the date for receipt of Proposals.
1.09 GOVERNING LAWS AND REGULATIONS
A. The Respondent is required to be familiar with and shall be responsible for
complying with all federal, state, and local laws, ordinances, rules, and
regulations that in any manner affect the work.
7
B. The respondent shall include in his proposal prices all sales, consumer, use, and
other taxes required to be paid in accordance with the law of the State of Florida
and the County of Monroe. Monroe County BOCC is tax exempt from all local,
state, and federal sales taxes.
C. Respondent shall be required to obtain a Monroe County Business Tax Receipt
and/or Monroe County Occupational License before beginning operations.
1.10 PREPARATION OF PROPOSALS
A. Signature of the Respondent: The Respondent must sign the Proposal forms in
the space provided for the signature. If the Respondent is an individual, the
words "doing business as or "Sole Owner" must appear beneath
such signature. In the case of a partnership, the signature of at least one (1) of the
partners must follow the firm name and the words "Member of the Firm" should
be written beneath such signature. If the Respondent is a corporation, the title of
the officer signing the proposal on behalf of the corporation must be stated along
with the Corporation Seal Stamp and evidence of his/her authority to sign the
proposal must be submitted. The Respondent shall state in the proposal the name
and address of each person interested therein.
B. The Respondent is solely responsible for all costs of preparing and submitting the
response, regardless of whether a contract award is made by the County. This
RFP does not constitute an offer for employment or contract for services.
1.11 FORMAT OF SUBMISSION
The Proposal submitted in response to this RFP shall be submitted on Bonfire in 8-1/2" x 11"
letter size form; shall be clear and concise, and provide the information requested herein. The
Proposal shall be organized and tabbed. Statements submitted without the required information
will not be considered. Proposals shall be organized as indicated below. The Respondent should
not withhold any information from the written response in anticipation of presenting the
information orally or in a demonstration. Each Respondent must submit adequate documentation
to certify the Respondent's compliance with the County's requirements. Respondent should
focus specifically on the information requested.
The response, at a minimum, shall include the following:
A. COVER PAGE
A cover page that reads "Proposal for Native Habitat Restoration Project on Monroe
County Conservation Lands". The cover page should contain Respondent's name,
address, email address, telephone number, and the name of the Respondent's contact
person, include a phone number for contact person if different from Respondent's.
8
B. TABBED SECTIONS
TAB 1. Price.
Submit the completed Bid Proposal form. Prices will be evaluated on total cost only. One
contractor shall be selected to complete all Parts of the project.
TAB 2. General Information.
a. Record of performance and professional accomplishments including: a description of
similar work completed by the firm, any outstanding accomplishments of the firm, any
outstanding accomplishments of the firm that relate directly to this type of work(provide
a reference for each work cited) and volume of present work commitments.
b. Technical, educational and training experience of the assigned staff and any anticipated
subcontracted staff. Include the proposed function(s) of subcontractors.
c. A list of equipment/tools that are available to be used on the project.
d. Project Approach. Provide a description including a statement that reflects a clear
understanding of project needs based on the scope of work and a work plan that details
the approach.
e. Specify the minimum/maximum number of workers that will be deployed as a work
crew. If members of the work crew live outside of the Keys, specify what arrangements
will be made to ensure their ability to report to work.
f. Address proposed work schedule and ability to complete project by October 31, 2025.
g. Additional information: Provide any additional pertinent information that would be
helpful in the consideration of your response.
TAB 3. References
Each Respondent shall provide at least three (3) references for which the Respondent has
provided the same or similar services during the past three (3) years. It is preferred that the
references are from state or local governments, but private industry clients may also be used
as references. Each reference shall include, at a minimum:
Name and full address of reference organization
Name of Contact person for contract
Telephone number(s)
Date of initiation of contract with reference
Brief summary comparing the referenced services to these proposed services
9
Alternatively, each Respondent may submit as references: at least three (3) letters of
recommendation from local or in-state business owners who attest, in some detail, to
Respondent's knowledge and abilities regarding the proposed services.
TAB 4. Claims and Litigation
a. Has the person, principals, entity, or any entity previously owned, operated or directed
by any of its officers, major shareholders or directors, ever failed to complete work or
provide the goods for which it has contracted? Yes or No. If yes, provide details;
b. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding
against the person, principal of the entity, or entity, or any entity previously owned,
operated or directed by any of its officers, directors, or general partners? Yes or No. If
yes, provide details;
c. Has the person, principal of the entity, entity, or any entity previously owned, operated
or directed by any of its officers, major shareholders or directors, within the last five
years, been a parry to any lawsuit, arbitration, or mediation with regard to a contract for
services, goods or construction services similar to those requested in the specifications
with private or public entities? Yes or No. If yes, provide details;
d. Has the person, principal of the entity, or any entity previously owned, operated or
directed by any of its officers, owners, partners, major shareholders or directors, ever
initiated litigation against the county or been sued by the county in connection with a
contract to provide services, goods or construction services? Yes or No. If yes, provide
details;
e. Whether, within the last five years, the owner, an officer, general partner, principal,
controlling shareholder or major creditor of the person or entity was an officer, director,
general partner, principal, controlling shareholder or major creditor of any other entity
that failed to perform services or furnish goods similar to those sought in the request for
competitive solicitation; Yes or No, If yes, provide details.
TAB 5. Respondent's Background Information
a. Include a list of the Respondent's shareholders with 5% or more of the stock, or, if a
general partnership, a list of the general partners; or, if a limited partnership, a list of the
members.
b. Include a list of the officers and directors of the Respondent.
c. Provide the number of years the Respondent has been in business, and, if different, the
number of years the Respondent has provided the type of services requested.
10
d. Provide the number of years the Respondent has operated under its present name and the
number of years the business has operated under any other name, and such names under
which it has operated.
e. Provide the financial statements for the prior three (3) years for the responding entity or
for any entity that is a subsidiary to the responding entity.
("Any financial statement that an agency requires a prospective bidder to submit in order
to prequalify for bidding or for responding to a bid for a road or any other public works
project is exempt from F.S. 119.07(1) and s.24(a), Art. 1 of the State Constitution.")
Please do not submit your confidential financial information as part of your proposal.
Please mark as "Confidential" to exercise exemption under F.S. 119.071(1)(c) and upload
by separate upload to Bonfire to maintain confidentiality. There are separate uploads for
each set of documents, including confidential financial information. However, any
financial information the Contractor includes in the proposal packet, which is not marked
as "Confidential", and is uploaded incorrectly, may be disclosed in any public records
request and will not be treated as "Confidential." The County shall incur no liability for
inadvertent disclosure of financial records that are not properly marked or submitted.
f. Provide credit references (minimum of three), including name, current address, and
current telephone number.
TAB 6. County Forms and Licenses. Respondent shall complete and execute the forms
specified below and found at designated pages in this RFP, as well as copies of all
professional and occupational licenses:
L Affidavit Attesting to Noncoercive Conduct for Labor or Services
II. Non-Collusion Affidavit
III. Sworn Statement Under Ord. No 10-1990—Ethics Clause
IV. Drug Free Workplace Form
V. Public Entity Crime Statement
VI. Vendor Certification Regarding Scrutinized Companies List
VIL Respondent's Insurance and Indemnification Statement
VIII. Insurance Agent's Statement, and
IX. Copies of professional licenses and proof of local business tax payment
TAB 7. Local Preference Form. If claiming "Local Preference" then the Respondent shall
include the Local Preference Form under this Tab.
A bid bond is not required. Payment and performance bonds are not required. There are
no liquidated damages.
1.12 SUBMISSION OF PROPOSALS
A. Interested firms or individuals shall submit one (1) electronic copy of the
Proposal(s), tabbed, and indexed in Adobe Acrobat file (.PDF) format.
11
B. Proposals shall be submitted to Monroe County not later than the time and date
for receipt of Proposals indicated in the Notice of Request for Competitive
Solicitations, or any extension thereof made by Addendum. Bonfire will not
allow any Proposals to be uploaded after the time and date for receipt of
Proposals. Proposals received after the time and date for receipt of Proposals will
not be considered. Bonfire will not allow any Proposals to be uploaded after the
time and date for receipt of Proposals.
C. Each respondent shall submit with his/her/its proposal the required evidence of
his/her/its qualifications and experience, as outlined in Section 1.11.
D. Monroe County Purchasing Department receives bids via the Bonfire electronic
bidding platform. Please do not email, mail, or attempt to deliver in person any
sealed bids. Emailed/mailed/physically delivered bids/proposals/responses WILL
NOT be accepted.
E. The Monroe County Purchasing Department hereby directs bids be submitted via
the Bonfire electronic bidding platform at https://monroecounty-
fl.bonfirehub.com, no later than 3:00 pm on Thursday, August 7, 2025. There
is no cost to the bidder to use the Bonfire platform.
F. Please do not submit your confidential financial information as part of your
proposal upload. There are separate uploads for each set of documents, including
confidential financial information. All proposals will be made public on the
platform after an intended decision or thirty (30) days, whichever is earlier, unless
the bids/proposals are rejected in accordance with F.S. Sec. 119.071. If your
proposal document includes financial information, that information will not be
considered confidential and will be available and viewable to the public in
accordance with public records law. In the event of a discrepancy between the
bid amount on the Proposal Form and the bid amount entered into Bonfire, the bid
amount listed in the proposal documents is the amount that will be utilized by
staff when considering the bid proposal. The County reserves the right to waive
any proposal/bid irregularity.
The bid opening for this solicitation will be held virtually, via the internet, at 3:00
P.M., on Thursday, August 7, 2025. You may call in by phone or internet using
the following:
Join Zoom Meeting
https:Hmcbocc.zoom.us/j/4509326156
Meeting ID: 4509326156
One tap mobile:
+16465189805„45093261564 US (New York)
+16699006833„45093261564 US (San Jose)
Dial by your location:
+1 646 518 9805 US (New York)
+1 669 900 6833 US (San Jose)
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G. The Proposer shall assume full responsibility for timely delivery via upload to
Bonfire as the location designated for receipt of Proposals.
H. Oral, telephonic, telegraphic, emailed, and faxed Proposals are invalid and will
not receive consideration.
L All submissions must remain valid for a period of ninety (90) days from the date
of the deadline for submission stated above. The Board will automatically reject
the response of any person or affiliate who appears on the convicted vendor list
prepared by the Department of General Services, State of Florida, under Sec.
287.133(3)(d), Florida Statutes (1997). Monroe County declares that all or
portions of the documents and work papers and other forms of deliverables
pursuant to this request shall be subject to reuse by the County.
1.13 WITHDRAWAL OF PROPOSAL
Any proposal may be withdrawn on Bonfire prior to the time and date scheduled in the Notice of
Request for Competitive Solicitations for the opening thereof. Withdrawn Proposals may be
resubmitted on Bonfire up to the time designated for the receipt of Proposals provided that they
are then fully in conformance with these Instructions to Proposers. All other proposals received
must remain valid for a period of ninety (90) days after the date designated for receipt of
Proposals. The County may, at its sole discretion, release any Proposal before the ninety (90)
days period has elapsed.
A Proposal may not be modified, withdrawn, or cancelled by the Proposer during the stipulated
time period following the time and date designated for the receipt of Proposals, except as
provided in Section 1.14, Modification of Proposals, and each Proposer so agrees in submitting
its Proposal.
1.14 MODIFICATION OF PROPOSALS
Written proposal modifications will be accepted from Respondents prior to the time and date
designated for receipt of Proposals, by removing the existing proposal from Bonfire and
uploading a new, complete proposal. The new submission shall comply with the requirements for
the original proposal.
Proposals may be withdrawn on Bonfire prior to the time and date designated for the receipt of
Proposals. Withdrawn Proposals may be resubmitted on Bonfire up to the time designated for the
receipt of Proposals provided that they are then fully in conformance with these Instructions to
Proposers.
Conditional, altered, or qualified proposals will be rejected. Proposers are to comply with the
instructions on the proposal forms and not make any changes thereto.
13
1.15 RIGHT TO CLAIM ERROR
Each Respondent's original work papers, documents, and materials used in preparation of the
proposal shall be enclosed in an envelope, if mailed, and marked clearly as to its contents and
must be submitted to Monroe County Land Steward, c/o Monroe County Land Authority, 1200
Truman Ave, Suite 207, Key West Florida, 33040 —Attn. Beth Bergh or by e-mail at bergh-
beth@monroecounty-fl.gov, no later than twenty-four(24) hours after the time and date for
receipt of Proposals, or any extension thereof made by Addendum. The contents of the email
shall be clearly marked in the subject line of the email. Respondents who fail to submit their
original work papers, documents, and materials used in the preparation of the proposal, as
provided herein, waive all rights to claim error in the Proposal.
1.16 RECEIPT AND OPENING OF PROPOSALS
Proposals shall be received in the manner provided in Article 1.11. No responsibility will be
attached to anyone for the premature opening of a proposal not properly addressed and
identified. The bid opening for this solicitation will be held virtually, via the internet, at 3:00
P.M., on Thursday, August 7, 2025. The public may attend either by phone or internet as
specified in the Notice of Request for Competitive Solicitations.
Any Proposal not received on Bonfire on or before the deadline for receipt of proposals
designated in the Notice of Request for Competitive Solicitations will not be considered.
1.17 DETERMINATION OF SUCCESSFUL RESPONDENT
Following the receipt of the proposals, the Selection Committee will meet in a publicly noticed
meeting and evaluate the responses based on the criteria and point total below. The County
reserves the right to reject any and all Proposals, or any part of a Proposal. The County
reserves the right to waive informalities, technical errors, variations, and irregularities in
any or all Proposals that do not render the Proposal non-conforming, to re-advertise for
Proposals, to separately accept or reject any item or items and/or to award and/or
negotiate a contract as may be deemed best for the interests of the County. Proposals which
contain modifications, are incomplete, conditional, obscure, or which contain additions not
requested or irregularities of any kind, or which do not comply in every respect with the
Instruction to Respondents, and the proposal documents, may be rejected at the option of the
County. The County may contact a Respondent to request clarification of an ambiguity in the
Respondent's proposal.
Interested firms will be evaluated and selected at a publicly-noticed meeting by a selection
committee composed of the following people, or their designees: Monroe County Land Steward,
the Executive Director of the Monroe County Land Authority, the Senior Land Acquisition
Specialist for the Monroe County Land Authority, and a representative from Monroe County
Environmental Resources. The committee will evaluate responses based on the following
criteria:
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Tab 1 Total Price 25 points
Tab 2 General Information 15 points
Tab 3 References 5 points
Tab 4 Claims and Litigation -5 - 0 points
Tab 5 Respondent's Background Information 5 points
Tab 6 County Forms 5 points
Tab 7 Local Preference 4 points
Total 59 points
Total points earned are on a scale of 1-59 points
1=Lowest 59 =Highest
1.18 AWARD OF CONTRACT
A. The County reserves the right to reject any or all proposals, or any part of any
proposal, to waive any informality in any proposal, or to re-advertise for all or
part of the services contemplated. If proposals are found to be acceptable by the
County and the contract is to be awarded, the Owner will issue the Notice of
Award to the successful Respondent within sixty (60) days after the date of the
receipt of proposals. This written notice will be given to the selected Respondent
of the acceptance of their proposal and of the award of the contract to them,
subject to the approval of the Monroe County Board of County Commissioners.
B. The Owner may conduct such investigations, as deemed necessary to assist in the
evaluation of any Proposal and to establish the responsibility, qualifications, and
financial ability of the Proposers, proposed subcontractors, and other persons or
organizations to do the work in accordance with the Contract Documents to the
Owner's satisfaction within the prescribed time.
C. The Owner reserves the right to request any additional information related to the
financial qualifications, technical competence, the ability to satisfactorily perform
within the contract time constraints, or other information the Department deems
necessary to enable the Department and Board of County Commissioners to
determine if the person responding is responsible. The Owner reserves the right
to reject the Proposal of any Proposer who does not pass any such evaluation to
its satisfaction.
D. If the award of the contract is annulled, the County may award the contract to
another Respondent, or the service may be re-advertised or may be awarded to
other qualified personnel as the County decides.
E. The Contract will be awarded to the highest ranked responsible, responsive
conforming Respondent complying with the applicable conditions of the proposal
documents, based on the ranking criteria provided herein, and deemed to provide
the services which are in the best interests of the County.
15
F. The County also reserves the right to reject the proposal of a respondent who has
previously failed to perform properly.
G. The proposals will be evaluated and ranked by a Selection Committee of not less
than three (3) members. The proposals will be ranked (in no particular order)
based on the parameters listed in Section 1.11 and the requirements of this RFP.
H. The highest ranked proposal(s), along with the recommendation of the County
Administrator and the requesting Department Head, will be presented to the
Board of County Commissioners of Monroe County, Florida, for final awarding
or otherwise The Board reserves the right to reject any and all Proposals, to waive
informalities in any or all Proposals, to re-advertise for Proposals; and to
separately accept or reject any item or items and to award and/or negotiate a
contract in the best interest of the County.
I. Tie Responses: In the event the same competitive solicitation amounts are
received from two (2) or more responders who are considered by the BOCC to be
equally qualified and responsive or when two or more responders are equal in
rank and score, and only one (1) of the responders has a principal place of
business in Monroe County, Florida, the award shall be to the responder who has
a principal place of business located in Monroe County, Florida, except where
prohibited by federally funded contracts. Otherwise, the tie will be resolved by
draw from an opaque container.
J. Protest Procedure: Any Bidder/Respondent/Proposer who claims to be adversely
affected by the decision or intended decision to award a contract shall submit in
writing a notice of protest which must be received by the County within seventy-
two (72) hours or three (3) business days, whichever is less, after the posting of
the notice of decision or intended decision on DemandStar or posting of the
Notice of Decision or Intended Decision on the Monroe County Board of County
Commissioners agenda, whichever occurs first. Additionally, a formal written
protest must be submitted in writing and must be received by the County
Attorney's Office seventy-two (72) hours or three (3) business days prior to the
Board of County Commissioner's meeting date in which the award of contract by
the Board of County Commissioners will be heard. The only opportunity to
address protest claims is before the BOCC at the designated public meeting in
which the agenda item awarding the contract is heard. In accordance with the
Rules of Debate as set forth in the Monroe County Board of County
Commissioners Administrative Procedures, the Bidder/Respondent/Proposer that
filed the protest is responsible for providing the Clerk with his/her name and
residence prior to the agenda item to award the contract being called in order to
preserve their opportunity to be heard on this matter. An individual has three (3)
minutes to address the Commission and a person representing an organization has
five (5) minutes to address the Commission. The BOCC decision to award the
contract is final and at their sole discretion. Failure to timely protest within the
times prescribed herein shall constitute a waiver of the ability to protest the award
16
of contract, unless it is determined that it is in the best interest of the County to do
so. The filing of a protest shall not stop the solicitation, negotiations, or contract
award process, unless it is determined it is in the best interest of the County to do
so.
1.19 EXECUTION OF CONTRACT
The Respondent to whom a Contract is awarded shall be provided and will be required to return
to the County one (1) executed original of the prescribed Contract, upon consent and approval of
the County Attorney, together with the required certificates of insurance, and proof of any
required licenses not previously provided, within fifteen (15) days from the date of notice of
acceptance of the Respondent's proposal. A Notice to Proceed will be issued to the Contractor
after approval of the contract by the BOCC and upon satisfactory compliance with these
provisions. In no event shall failure of the Respondent/Contractor to provide satisfactory
Insurance Certificates within the stipulated time be cause for an extension of the contract time.
The County will return one (1) fully executed copy of the Contract Agreement to the Contractor
with all other Contract Documents attached upon receipt from the Owner.
1.20 CERTIFICATE OF INSURANCE
A. The Respondent/Contractor will be responsible for obtaining and maintaining all
necessary insurance coverages listed in this RFP and within the Sample Agreement
prior to commencing operation.
Minimum Insurance Requirements:
• Worker's Compensation/Employer Liability —
$100,000 Bodily Injury by Accident;
$500,000 Bodily Injury by Disease,policy limits;
$100,000 Bodily Injury by Disease, each employee
• Vehicle Liability - $300,000 combined single limit; or split limits:
$200,000 per person
$300,000 per occurrence
$100,000 property damage
• General Liability - $500,000 combined single limit
Certificates of Insurance must be provided to Monroe County within fifteen days
after award of proposal, with Monroe County BOCC and Monroe County
Comprehensive Plan Land Authority listed as additionally insured on all except
Workers Compensation. If the proper insurance forms are not received within the
fifteen days,proposal may be awarded to the next selected respondent.
17
B. All forms of insurance required above shall be from insurers acceptable to the
County. Policies shall be written by companies licensed to do business in the State
of Florida and having an agent for service of process in the State of Florida.
Companies shall have an A.M. Best rating of VI or better. The required insurance
shall be maintained at all times while Respondent/Contractor is providing service to
the County. Contractor shall provide County with updated Certificates of Insurance
annually on the renewal date of each policy.
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.
1.21 INDEMNIFICATION
The Respondent/Contractor to whom a contract is awarded shall defend, indemnify, and hold
harmless the County as outlined below:
The Contractor covenants and agrees to defend, indemnify and hold harmless Monroe County
Board of County Commissioners, and its elected and appointed officers, officials, agents,
servants, and employees from any and all claims, demands, or causes of action for bodily injury
(including death), personal injury, and property damage (including property owned by Monroe
County) and any other losses, damages, costs, penalties, and expenses (including attorney's fees)
which arise out of, in connection with, or by reason of the Contractor utilizing the property
governed by this Contract agreement. The extent of liability is in no way limited to, reduced, or
lessened by the insurance requirements contained elsewhere within this agreement.
The indemnification obligations under the Contract shall not be restricted in any way by any
limitation on the amount or type of damages, compensation, or benefits payable by or for the
Contractor under workers' compensation acts, disability benefits acts, or other employee benefits
acts, and shall extend to and include any actions brought by or in the name of any employee of
the Contractor or of any third party to whom Contractor may subcontract a part or all of the
Work.
This indemnification shall continue beyond the date of completion of the work.
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, nothing herein nor the
acquisition of any commercial liability insurance coverage, self-insurance coverage, or local
government insurance pool coverage shall be deemed a waiver of immunity by the County.
1.22 LOCAL PREFERENCE FORM
When reviewing responses, preference will be given to business entities or individuals residing
and doing business within the geographical limits of Monroe County, Florida, in accordance with
ordinance 023-2009.
Any person submitting a proposal or bid in response to this invitation claiming a local preference
according to Ordinance 023-2009, must execute the enclosed Local Preference Form and submit
18
it with his proposal or bid. Failure to complete this form will result in disqualification from
receiving local vendor preference.
19
SECTION TWO
PROPOSAL SPECIFICIATIONS
NATIVE HABITAT RESTORATION PROJECT-
MONROE COUNTY CONSERVATION LANDS
2.01 PROJECT DESCRIPTION
Monroe County, Florida invites firms to submit proposals to complete a habitat restoration
project on nine (9) separate Monroe County Conservation Lands located on Big Pine, No Name,
and Little Torch Keys. Work includes the removal of invasive exotic plant species followed by
planting of native trees and shrubs to restore the sites. The project includes the supply and
installation of native plant material by the Contractor as specified below.
2.02 PROJECT LOCATION
See site specific maps included below for more information (all properties are vacant parcels and
are easily accessed by adjacent roads)
Site 1: RE# 00110650-000000; 31685 Warner St, Big Pine Key
Site 2: RE# 00110810-000000; 31543 Warner St, Big Pine Key
Site 3: RE# 00110810-000200; 31551 Warner St Big Pine Key
Site 4: RE# 00305940-000000; 31324 Avenue G, Big Pine Key
Site 5: RE# 00303680-000000: 31014 Avenue E, Big Pine Key
Site 6: RE# 00302930-000000; 31365 Avenue C, Big Pine Key
Site 7: RE# 00256790-000000; 148 Palmetto Ave, Big Pine Key
Site 8: RE# 00108480-000000; No Name Key Pt Lot 1
Site 9: RE# 00113150-000000; 1561 State Rd 4A, Little Torch Key
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GENERAL LOCATION MAP
Sites outlined in blue and referenced by site #
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2.03 SCOPE OF WORK
The project includes the removal of non-native and invasive exotic vegetation from the specified
sites followed by planting of native trees and shrubs.
PART 1: INVASIVE EXOTIC REMOVAL WORK
The following is a list of non-native and invasive exotic vegetation to be removed by Contractor
at each site, counts are given for reference only, Contractor is required to remove all individuals
of species listed:
Site 1: Three (3)Australian pines and nine (9) Washingtonia palms
Site 2: Stand of medium-large Australian pines (alive and dead), three (3) coconut palms, one (1) date
palm
Site 3: Three (3) coconut palms
Site 4: No exotic removal work required
Site 5: One (1)large woman's tongue (Albizia lebbeck), three (3)medium Albizia, three (3)
Washingtonia palms; (3)patches of Surinam cherry; (3) large Brazilian peppers; (3) Christmas palms
Site 6: Two (2) coconut palms; one (1) Washingtonia palm; bananas
Site 7: One (1) Washingoniapalm; one (1) Brazilian pepper
Site 8: No exotic removal work required
21
Site 9: Stand of approximately twelve (12) coconut palms, many small Australian pines, many medium
size Brazilian peppers, mahoes, bowstring hemp (Sansevieria spp), and night-blooming cereus /
climbing cactus (Hylocereus undatus).
Trees must be fully removed by the contractor except for one tall palm tree (maximum) at each site that
may be topped and left standing to provide a perch for birds. This remaining trunk must not be within
falling distance of adjacent roads,power lines, or structures.
The invasive exotic plant species listed per site shall be physically removed and treated as follows
(Garton 3A shall be diluted in water& Garlon 4 shall be diluted in a County approved vegetable-based
oil):
Target Species Treatment Method
Australian pine 50% Garlon 3A applied to cut surface immediately after cut
Casuarina s or 20% Garlon 4 applied to stump's cut surface and sides
Brazilian pepper 50% Garlon 3A applied to cut surface immediately after cut
Schinus terebinthi olius or 20% Garlon 4 applied to stump's cut surface and sides
Washingtonian palm Physically remove
Washin tonia robusta
Coconut palm Physically remove
Cocos nuci era
Senegal date palm Physically remove
Phoenix reclinata
Seaside mahoe 50% Garlon 3A applied to cut surface immediately upon
Thes esia o ulnea cutting
Woman's tongue 50% Garlon 3A applied to cut surface immediately after cut
Albizia lebbeck or 20% Garlon 4 applied to stump's cut surface and sides
night-blooming cactus Hand pull entire plant and physically remove all material
(Hylocereus undatus) from the site;place in neat pile on roadside for county
pickup (removal work may require ladders and/or pole saws
to remove cactus from tree canopy)
bowstring hemp Cut and remove blade; immediately treat cut base with 10%
(Sansevieria glyphosate in water;place cut material in neat pile on
h acinthoides) roadside for County pickup
Any additional treatment methods or changes to the methods listed above must be pre-approved
by the County Land Steward.
Contractor shall utilize quart-sized, chemical resistant spray bottles, such as "Spraymaster"
bottles (or similar), for herbicide application. The contents must be clearly labeled on the
outside of the bottle. A dye shall be used to facilitate identification of treated stems. Herbicides
will be applied using a low-pressure spray to minimize drift and non-target damage.
Stumps of removed trees may remain on site but must be cut as low to the ground as possible.
Cuts will be made level to the ground to minimize herbicide runoff prior to absorption. A
machete may not be used to cut trees as it creates a jagged cut; toppers or saws are preferred
tools. An appropriate herbicide shall be applied within one (1) minute of stump preparation.
Contractor is responsible for proper disposal of vegetative debris resulting from plant removal work
except for palm trunks and fronds (if they can't be chipped) may be cut into 4-5-foot sections and neatly
22
piled by the road for pickup by County claw truck. Additionally, the Contractor may pile bowstring
hemp and night blooming cactus by road for County pickup at no cost to Contractor.
The contractor may utilize a chipper(not required). Any hardwood mulch (non-palm) created by
the project may be used for the planting project(see Part 2) or may be disposed of in one of the
following ways (as determined by the County Land Steward):
1. Spread evenly across the site (mulch may not be placed in wetlands or cover existing
native vegetation); or
2. Removed from the site and properly disposed of at no cost to the County.
All herbicide treatments shall be at least 95% effective in preventing re-sprout of treated plants.
If 95% kill rate is not achieved for any area of the project after two (2) months past initial project
completion; one additional treatment of the exotic plants in the problem area shall be the
responsibility of the Contractor at no additional cost to the County.
PART 2: NATIVE PLANTING PROJECT
Once the invasive exotic plant removal portion of the project has been completed then the Contractor
may begin the native planting project. The installation of plant material will require augering holes (or
digging holes with backhoe or similar) and addition of organic soil (50150 mix or similar) as needed, as
determined by Land Steward. Plants must be installed level with surrounding elevation; no mounding of
soil. Mulch must be placed around all plantings (mulch supplied by the contractor) at approximately 2-3
inches in depth. Large trees must be staked/braced as needed. Piles of soil from digging holes must be
spread out and not left in piles.
This project is for the supply(total of 640 plants) and installation of said plant material on
all sites. All plants must be landscape quality, with full canopy, and must meet the minimum
specifications listed on the attached plant list. All plant material must be approved by the Land
Steward prior to installation. The County reserves the right to reject any landscape materials due
to poor quality. See vegetation list below.
Additionally, the Contractor shall auger/ dig holes for plants to be planted by the County. A
total of forty holes will be augered/ dug to a size large enough to accommodate 3-5 gallon pots.
Each of the following sites shall have 10 holes dug at locations specified by County: Sites 2, 4, 5,
& 8.
PART 3: WATERING
Watering requirements: the Contractor is responsible for four watering events (via water truck or
similar): one on the day of planting; the second within 2-3 days after planting; the third 2-3 days
following the second watering; and the fourth 7 days following the third watering. If it rains
prior to the second, third, or fourth watering, then the Contractor shall hold off on the watering
event until it hasn't rained for 2-4 days. Contractor may access water supply at Land Steward
office location on Big Pine Key. Contractor is responsible for supplying water tank, hoses, and
any other necessary equipment to complete the required watering.
23
PLANT MATERIALS LIST TO BE SUPPLIED BY THE CONTRACTOR
Contractor shall obtain, transport to the subject sites, and install the following native plant
material. Substitutions are not accepted unless previously approved by the Land Steward. Field
grown may be substituted for minimum pot size if plant meets minimum height requirement.
Site 1: RE# 00110650-000000; 31685 Warner St, Big Pine Key
Common Name Scientific Name Minimum Pot Size Total
& approximate min Quantity
height
Bay cedar Suriana maritima 7 gal 3ft 6
Blolly Gua ira discolor 15 gal Eft 3
Green buttonwood Concarpus erectus 7 gal (4ft), 15
Bushy growth
Gulf cord grass S artina s artinae 1 gal lft bunch 30
Sabal palm Sabal almetto 5ft clear trunk 2
Sea grape Coccoloba uvi era 7 al 4ft 9
Wild dilly Manilkara 7 gal (3ft) 2
.aimi ui emar inata
Total 66
Site 2: RE# 00110810-000000; 31543 Warner St, Big Pine Key
Common Name Scientific Name Minimum Pot Size Total
& approximate min Quantity
height
Bay cedar Suriana maritima 7 gal 3ft 15
Blackbead Pithecellobium ke ense 7 al 3ft 15
Blolly Gua ira discolor 15 gal Eft 5
Green buttonwood Concarpus erectus 7 gal (4ft), 30
bushy growth
Green buttonwood Concarpus erectus 3 gal (2ft) 30
bushy growth
Gulf cord grass S artina s artinae 1 gal lft bunch 30
Gumbo Limbo Bursera simaruba 7 gal Eft 8
Jamaican caper Quadrella c no hallo hora 3 gal 3ft 13
Joewood Jac uinia ke ensis 3 gal 2ft 5
Limber caper C no halla exuosa 3 gal 2ft 15
Sabal alm Sabal almetto 5ft clear trunk 4
Sea grape Coccoloba uvi era 7 gal 4ft 25
Seven-year apple Casasia clusii olia 7 gal 3ft 4
Wild dilly Manilkara 7 gal (3ft) 6
Jaimi ui emar inata
Total 205
24
Site 3: RE# 00110810-000200; 31551 Warner St Big Pine Key
Common Name Scientific Name Minimum Pot Size Total
& approximate min Quantity
height
Bay cedar Suriana maritima 7 gal 3ft 9
Green buttonwood Concar us erectus 7 gal 4ft 15
Gulf cord grass S artina s artinae 1 gal lft clump) 15
Sea grape Coccoloba uvi era 7 gal 4ft 8
Wild dilly Manilkara 7 gal (3ft) 2
jaimi ui emar inata
Total 49
Site 4: RE# 00305940-000000; 31324 Avenue G, Big Pine Key
Common Name Scientific Name Minimum Pot Size Total
& approximate min Quantity
height
Blackbead Pithecellobium ke ense 7 gal 3ft 8
Blolly Gua ira discolor 15 gal Eft 4
Fiddlewood Citharex lum s inosum 15 gal 5ft 1
Green buttonwood Conocar us erectus 7 gal 4ft 6
Gumbo limbo Bursera simaruba 15 gal 8ft 4
Limber caper C no halla exuosa 3 gal 2ft 10
Pigeon plum Coccoloba diversi olia 15 gal 8ft 4
Sea grape Coccoloba uvi era 7 gal 4ft 2
Silver sea oxeye daisy Borrichia frutescens 1 gal (lft- 10
multistem
Spanish stopper Eu enia oetida 7 gal 3ft 8
Wild lime Zanthox lum a ara 7 gal 3ft 2
Total 60
Site 5: RE# 00303680-000000: 31014 Avenue E, Big Pine Key
Common Name Scientific Name Minimum Pot Size Total
& approximate min Quantity
height
Blackbead Pithecellobium ke ense 7 gal 3ft 8
Blolly Gua ira discolor 15 gal Eft 2
Fiddlewood Citharex lum s inosum 7 gal 3ft 2
Green buttonwood Conocar us erectus 7 gal 4ft 2
Gumbo limbo Bursera simaruba 15 gal Eft 4
Pigeon plum Coccoloba diversi olia 15 gal Eft 4
Sea ra e Coccoloba uvi era 7 gal 4ft 2
Smooth Stron back Bourreria succulenta 7 al 4ft 3
Spanish stopper Eu enia oetida 7 gal 3ft 5
Wild lime Zanthox lum a ara 7 gal 3ft 2
Willow Bustic Siderox lon salici olium 15 gal 8ft 1
Total 35
25
Site 6: RE# 00302930-000000; 31365 Avenue C, Big Pine Key
Common Name Scientific Name Minimum Pot Size Total
& approximate min Quantity
height
Blackbead Pithecellobium ke ense 7 gal 3ft 3
Gumbo limbo Bursera simaruba 15 gal Eft 2
Jamaica caper Quadrella c no hallo hora 3 gal 3ft 4
Pigeon plum Coccoloba diversi olia 15 gal Eft 3
Spanish stopper Eu enia oetida 7 gal 3ft 5
White stopper Eugenia axillaris 7 gal 3 ft 5
Total 22
Site 7: RE# 00256790-000000; 148 Palmetto Ave, Big Pine Key
Common Name Scientific Name Minimum Pot Size Total
& approximate min Quantity
height
Blackbead Pithecellobium ke ense 7 gal 3ft 5
Gumbo limbo Bursera simaruba 15 gal Eft 4
Jamaica caper Quadrella c no hallo hora 3 gal 3ft 6
Keys thatch palm Thrinax morrisii 3 gal (2 ft 3
Locustberry B rsonima lucida 7 gal 2ft 2
Long stalked stopper Mosiera lon i es 3 gal 1 ft 3
Pigeon plum Coccoloba diversi olia 15 gal Eft 4
Shortleaf Fig Ficus citri olia 7 gal 6 ft 1
Wild dilly Manilkara 7 gal (3ft) 1
jaimi ui emar inata
Total 29
Site 8: RE# 00108480-000000; No Name Key Pt Lot 1
Common Name Scientific Name Minimum Pot Size Total
& approximate min Quantity
height
Blackbead Pithecellobium ke ense 7 gal 3ft 15
Blolly Gua ira discolor 15 gal Eft 15
Christmas berry L cium carolinianum 1 gal lft 8
Green buttonwood Conocar us erectus 7 gal 4ft 15
Gulf cord grass S artina s artinae 1 gal lft bunch 20
Gumbo limbo Bursera simaruba 15 gal 8ft 8
Jamaican caper Quadrella c no hallo hora 7 gal 3ft 6
Joewood Jac uinia ke ensis 3 gal 2ft 8
Locust berry B rsonima lucida 7 gal 2ft 6
Pigeon plum Coccoloba diversi olia 15 gal 8ft 4
Sea grape Coccoloba uvi era 7 al 4ft 10
Strangler fig
Ficus aurea 15 al 8ft 2
Wild dilly Manilkara 7 gal (3ft) 6
jaimi ui emar inata
Total 123
26
Site 9: RE# 00113150-000000; 1561 State Rd 4A, Little Torch Key
Common Name Scientific Name Size& approximate Total
min height Quantity
Blackbead Pithecellobium ke ense 3 gal 3ft 8
Blolly Gua ira discolor 15 gal Eft 8
Jamaican caper Quadrella c no hallo hora 3 gal 3ft 8
Sea grape Coccoloba uvi era 7 gal 4ft 8
Seven-year apple Casasia clusii olia 7 gal 3ft 2
Spanish stopper Eu enia oetida 7 gal 3ft 12
Strangler fig Ficus aurea 15 gal 8ft 1
Wild lime Zanthox lum a ara 7 gal 3ft 2
Wild dilly Manilkara 7 gal (3ft) 2
Jaimi ui emar inata
Total 51
GENERAL SPECIFICATIONS FOR BOTH PART 1 &PART 2:
Work must be performed during normal work hours (between 7:30 am and 5:30 pm), Monday
through Friday. No work may occur during weekends or on holidays observed by Monroe
County (except for watering which may occur anytime during daylight hours).
Contractor must not disturb existing native vegetation on the sites. Any ruts created by
Contractor's equipment must be smoothed and graded at end of project. The sites must be left
clean and in good condition. No heavy equipment or mulch is allowed in wetlands.
The Contractor will provide all necessary equipment to complete the project including (but not
limited to)backhoes, augers, bucket trucks, hand tools, chainsaws, chippers (not required),
vehicles, sprayers, garbage bags and personal protective equipment. The Contractor will also
provide all materials for herbicide treatment(including herbicide and adjuvants) and will strictly
adhere to all herbicide label requirements.
On-site crew supervisors must be bilingual if their crew includes non-English speakers.
Contractors entering the Keys from areas outside of Monroe County (Keys) must adhere to the
following equipment decontamination protocol:
• Mandatory decontamination protocols must be followed for vehicles and equipment prior to
entering Keys from areas outside of the County (Keys).
• If decontamination is required by the County then the contractor must utilize a designated
decontamination site within Monroe County. The County shall supply the contractor with a
list of designated decontamination sites if necessary.
Decontamination protocols:
• All equipment including but not limited to vehicles, trailer, ATV's, and chippers must be
cleaned with a pressure washer(at a County approved facility). Decontamination protocols
include spraying down all equipment surfaces including the undercarriage and tires to
ensure that mud, vegetative debris and other debris is not transported from the previous
treatment site. Special attention will be paid to equipment that has worked at sites where
27
Lygodium, Cogon grass and other exotics specific to the mainland were treated to prevent
the spread of these species into Monroe County.
• Equipment such as chain saws, toppers, etc. used for cut stump treatment must be wiped
down and cleaned so that they are free of debris.
Prior to the commencement of the project, the contractor and the County Land Steward shall
discuss the necessity for a decontamination plan. If the County requires a plan, then the
contractor shall submit a brief decontamination plan in writing, to the County for approval. The
decontamination plan shall identity specific decontamination procedures and decontamination
sites. Decontamination protocols may vary depending upon the nature of the treatment site, type
of treatment conducted at the site, and the exotic species that were treated.
In order to take advantage of seasonal rains, the project should be completed by October
31, 2025.
28
SITE SPECIFIC LOCATION MAPS
Subject parcels outlined in blue
Site 1 - RE# 00110650-000000; 31685 Warner St Bi Pine Ke
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Site 4: RE# 00305940-000000; 31324 Avenue G, Big Pine Key
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31
Site 8: RE# 00108480-000000; No Name Key Pt Lot 1 (planting area marked by red"X")
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32
SECTION THREE. DRAFT CONTRACT
CONTRACT FOR PROFESSIONAL SERVICES
FOR NATIVE RESTORATION PROJECT ON MONROE COUNTY CONSERVATION
LANDS
THIS CONTRACT (hereafter"Contract" or"Agreement"), made and entered into this
day of , 2025, by and between Monroe County, a political subdivision of the State of
Florida, (hereafter "County"), whose address is 1100 Simonton Street, Key West, Florida,
33040 and (hereafter Contractor), whose address is
. The parties hereto, for the
considerations herein set forth, mutually agree as follows:
1. SCOPE OF WORK.
The Contractor shall provide professional services to complete the invasive exotic plant
removal work and the native planting project on Monroe County conservation lands, including
all necessary plant material and equipment required in the performance of same, and perform
all of the work described in the Specifications (Exhibit A), and the bid documents (Exhibit A-1)
attached hereto and incorporated as part of this document.
2. CONTRACT SUM AND PAYMENTS TO CONTRACTOR.
The Contractor shall invoice Monroe County for completed services for each Part as described
in the Scope of Service and as quoted in its Bid, performed under the Specifications contained
herein. Invoices will be paid in accordance with the Florida Local Government Prompt Payment
Act, F.S. 218.70 et seq. Contractor shall submit invoices to the County with supporting
documentation that is 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.
Monroe County's performance and obligation to pay under this contract is contingent upon an
annual appropriation by the BOCC.
3. CONTRACTOR'S ACCEPTANCE OF CONDITIONS.
a) The Contractor hereby agrees that he/she has carefully examined the sites and
has made investigations to fully satisfy himself/herself that such sites are correct and suitable
ones for this work, and he/she assumes full responsibility therefore. The provisions of this
Agreement shall control any inconsistent provisions contained in the Specifications. All
Specifications have been read and carefully considered by the Contractor, who understands the
same and agrees to their sufficiency for the work to be done. Under no circumstances,
conditions, or situations shall this Contract be more strongly construed against the County than
against the Contractor (and his Surety, if applicable).
b) Any ambiguity or uncertainty in the Specifications shall be interpreted and
construed by the County's Land Steward, and her decision shall be final and binding upon all
parties.
c) The passing, approval, and/or acceptance of any part of the work or material by
the County shall not operate as a waiver by the County of strict compliance with the terms of
this Agreement, and Specifications covering said work. Failure on the part of the Contractor,
33
immediately after Notice to correct workmanship shall entitle the County, if it sees fit, to
correct the same and recover the reasonable cost of such remediation work and/or repair from
the Contractor, who shall in any event be jointly and severally liable to the County for all
damage, loss, and expense caused to the County by reasons of the Contractor's breach of this
Agreement and/or his failure to comply strictly and in all things with this Agreement and with
the Specifications.
4. TERM OF CONTRACT.
a) This Contract shall commence on 2025 and terminate on
December 31, 2025, or upon completion of the project, whichever occurs first.
b) The parties may elect to extend this Agreement for up to three months if the
work has not been completed by December 31, 2025.
5. INDEPENDENT CONTRACTOR. At all times and for all purposes under this
Agreement the Contractor is an independent contractor and not an employee of the Board of
County Commissioners for Monroe County. No statement contained in this Agreement shall be
construed so as to find the contractor or any of his/her employees, contractors, servants, or
agents to be employees of the Board of County Commissioners for Monroe County.
6. ASSIGNMENT. The Contractor shall not assign this Agreement, except in writing
and with the prior written approval of the Board of County Commissioners for Monroe
County, which approval shall be subject to such conditions and provisions as the Board may
deem necessary. This Agreement shall be incorporated by reference into any assignment and
any assignee shall comply with all of the provisions of this Agreement. Unless expressly
provided for therein, such approval shall in no manner or event be deemed to impose any
additional obligation upon the Board.
7. INSURANCE. 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 the Insurance
Checklist included herein which is hereby 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.
a) 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.
b) 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
34
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.
c) The Contractor will be held responsible for all deductibles and self-insured
retentions that may be contained in the Contractor's Insurance policies.
d) The Contractor shall provide, to the County, as satisfactory evidence of the required
insurance, either:
• Certificate of Insurance; or
• Certified copy of the actual insurance policy.
e) 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 Monroe County Board of County Commissioners, its
employees and officials will be included as "Additional Insured" on all policies,
except for Workers' Compensation.
f) 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.
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.
g) Notwithstanding the provisions of paragraph 34, the County may immediately treat the
Contractor in default if the Contractor fails to maintain the insurance required by this
paragraph. Before terminating the agreement in this situation, the County need only
provide the Contractor 24-hour notice by FAX or overnight courier. The County may,
but need not,provide the Contractor with an opportunity to cure the default.
8. INDEMNIFICATION.
The Respondent/Contractor to whom a contract is awarded shall defend, indemnify, and hold
harmless the County as outlined below:
The Contractor covenants and agrees to defend, indemnify and hold harmless Monroe County
Board of County Commissioners, and its elected and appointed officers, officials, agents,
servants, and employees from any and all claims, demands, or causes of action for bodily injury
(including death), personal injury, and property damage (including property owned by Monroe
County) and any other losses, damages, costs, penalties, and expenses (including attorney's fees)
which arise out of, in connection with, or by reason of the Contractor utilizing the property
governed by this Contract agreement. The extent of liability is in no way limited to, reduced, or
lessened by the insurance requirements contained elsewhere within this agreement.
35
The indemnification obligations under the Contract shall not be restricted in any way by any
limitation on the amount or type of damages, compensation, or benefits payable by or for the
Contractor under workers' compensation acts, disability benefits acts, or other employee benefits
acts, and shall extend to and include any actions brought by or in the name of any employee of
the Contractor or of any third parry to whom Contractor may subcontract a part or all of the
Work.
This indemnification shall continue beyond the date of completion of the work.
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, nothing herein nor the
acquisition of any commercial liability insurance coverage, self-insurance coverage, or local
government insurance pool coverage shall be deemed a waiver of immunity by the County.
9. RECORDS.
Availability of Records. The records of the parties to this Agreement relating to the Project,
which shall include but not be limited to accounting records (hard copy, as well as computer
readable data if it can be made available; subcontract files (including proposals of successful and
unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc); original estimates;
estimating work sheets; correspondence; change order files (including documentation covering
negotiated settlements); backcharge logs and supporting documentation; general ledger entries
detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting
evidence deemed necessary by County or the Monroe County Office of the Clerk of Court and
Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this
agreement, and all other agreements, sources of information and matters that may in County's or
the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights,
duties or obligations under or covered by any contract document (all foregoing hereinafter
referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by
County's representative and/or agents or the County Clerk. County or County Clerk may also
conduct verifications such as, but not limited to, counting employees at the job site, witnessing
the distribution of payroll, verifying payroll computations, overhead computations, observing
vendor and supplier payments, miscellaneous allocations, special charges, verifying information
and amounts through interviews and written confirmations with employees, Subcontractors,
suppliers, and Contractors' representatives. All records shall be kept for ten (10)years after Final
Completion of the Project. The County Clerk possesses the independent authority to conduct an
audit of Records, assets, and activities relating to this Project. If any auditor employed by
Monroe County or the County 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 Section 55.03, F.S., running from the date the monies were paid to Contractor. The
right to audit provisions survives the termination of expiration of this Agreement.
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:Hdos.fl.gov/library-archives/records-management/general-records-schedules/), whichever
is greater. Each parry to this Agreement or its authorized representatives shall have reasonable
and timely access to such records of each other parry to this Agreement for public records
36
purposes during the term of the Agreement and for the applicable retention period following the
termination of this Agreement.
10. STATE OF FLORIDA E-VERIFY
Beginning January 1, 2021, in accordance with Section 448.095, Florida Statutes, as may be
amended from time to time, the Contractor and any subcontractor shall register with and shall
utilize the U.S. Department of Homeland Security's E-Verify system to verify the work
authorization status of all new employees hired by the Contractor during the term of the Contract
and shall expressly require any subcontractors performing work or providing services pursuant to
the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to
verify the work authorization status of all new employees hired by the subcontractor during the
Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does
not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall
maintain a copy of such affidavit for the duration of the contract. The Contractor shall comply
with and be subject to the provisions of Section 448.095, Florida Statutes. Pursuant to Section
448.095:
1. A public agency, Bidder, or subcontractor who has a good faith belief that a person or an
entity with which it is contracting has knowingly violated s. 448.09(1) shall terminate the
contract with the person or entity.
2. A public agency that has a good faith belief that a subcontractor knowingly violated this
subsection, but the Bidder otherwise complied with this subsection, shall promptly notify the
Bidder and order the Bidder to immediately terminate the contract with the subcontractor.
3. A contract terminated under this paragraph is not a breach of contract and may not be
considered as such. If a public agency terminates a contract with a Bidder under this paragraph,
the Bidder may not be awarded a public contract for at least 1 year after the date on which the
contract was terminated. A Bidder is liable for any additional costs incurred by a public agency
as a result of the termination of a contract.
11. UNCONTROLLABLE CIRCUMSTANCES
Any delay or failure of either Parry 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
Parry's control, without such Parry's fault or negligence and that by its nature could not have been
foreseen by such Parry or, if it could have been foreseen, was unavoidable: (a) acts of God; (b)
flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the
geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not),
terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d)
government order or law in the geographic area of the Project; (e) actions, embargoes, or
blockades in effect on or after the date of this Agreement; (f) action by any governmental
authority prohibiting work in the geographic area of the Project;(each, a "Uncontrollable
Circumstance"). CONTRACTOR'S financial inability to perform, changes in cost or availability
of materials, components, or services, market conditions, or supplier actions or contract disputes
will not excuse performance by Contractor under this Section. Contractor shall give County
written notice within 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 unanticipated, 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
37
result of an Uncontrollable Circumstance. The Contractor may only seek a no cost Change Order
for such reasonable time as the Owner's Representative may determine.
12. GOVERNING LAW, VENUE, INTERPRETATION. This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida applicable to
contracts made and to be performed entirely in the State. In the event that any cause of action
or administrative proceeding is instituted for the enforcement or interpretation of this
Agreement, the County and Contractor agree that venue will lie exclusively with the
appropriate court, or before the appropriate administrative body, in Monroe County, Florida.
13. SEVERABILITY. If any term, covenant, condition or provision of this Agreement
(or the application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining terms,
covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each
remaining term, covenant, condition and provision of this Agreement shall be valid and shall be
enforceable to the fullest extent permitted by law unless the enforcement of the remaining
terms, covenants, conditions and provisions of this Agreement would prevent the
accomplishment of the original intent of this Agreement. The County and Contractor agree to
reform the Agreement to replace any stricken provision with a valid provision that comes as
close as possible to the intent of the stricken provision.
14. ATTORNEY'S FEES AND COSTS. The County and Contractor agree that in the
event any cause of action or administrative proceeding is initiated or defended by any parry
relative to the enforcement or interpretation of this Agreement, the prevailing parry shall be
entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an
award against the non-prevailing parry, and shall include attorney's fees, courts costs,
investigative, and out-of-pocket expenses in appellate proceedings.
15. BINDING EFFECT. The terms, covenants, conditions, and provisions of this
Agreement shall bind and inure to the benefit of the County and Contractor and their respective
legal representatives, successors, and assigns.
16. AUTHORITY. Each parry represents and warrants to the other that the execution,
delivery and performance of this Agreement have been duly authorized by all necessary County
and corporate action, as required by law.
17. ADJUDICATIONS 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 parry shall have the right to seek such
relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is
not subject to arbitration. This provision does not negate or waive the provisions of paragraph
34 concerning termination or cancellation.
18. COOPERATION. In the event any administrative or legal proceeding is instituted
against either party relating to the formation, execution, performance, or breach of this
Agreement, County and Contractor agree to participate, to the extent required by the other
parry, in all proceedings, hearings, processes, meetings, and other activities related to the
substance of this Agreement or provision of the services under this Agreement. County and
38
Contractor specifically agree that no parry to this Agreement shall be required to enter into any
arbitration proceedings related to this Agreement.
19. COVENANT OF NO INTEREST. County and Contractor covenant that neither
presently has any interest, and shall not acquire any interest, which would conflict in any
manner or degree with its performance under this Agreement, and that only interest of each is
to perform and receive benefits as recited in this Agreement.
20. PUBLIC ENTITY CRIME INFORMATION STATEMENT. A person or
affiliate who has been placed on the convicted vendor list following a conviction for a public
entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or
services to a public entity, may not submit a bid, proposal, or reply on a contract with a public
entity for the construction or repair of a public building or public work, 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 Construction Manager, 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.
21. ETHICS.
ETHICS CLAUSE. Contractor warrants that he/she/it had 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.
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.
22. NO SOLICITATION/PAYMENT. The County and Contractor warrant that, in
respect to itself, it has neither employed nor retained any company or person, other than a bona
fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for it, any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. For the breach or
violation of the provision, the Contractor agrees that the County shall have the right to
terminate this Agreement without liability and, at its discretion, to offset from monies owed, or
otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration.
23. PUBLIC RECORDS COMPLIANCE. Contractor must comply with Florida
public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of
article I of the Constitution of Florida. The County and Contractor shall allow and permit
reasonable access to, and inspection of, all documents, records, papers, letters or other "public
39
record" materials in its possession or under its control subject to the provisions of Chapter 119,
Florida Statutes, and made or received by the County and Contractor in conjunction with this
contract and related to contract performance. The County shall have the right to unilaterally
cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor
to abide by the terms of this provision shall be deemed a material breach of this contract and the
County may enforce the terms of this provision in the form of a court proceeding and shall, as a
prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that
proceeding. This provision shall survive any termination or expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records Law in
order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is
required to:
(1) Keep and maintain public records that would be required by the County to perform the
service.
(2) Upon 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
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.
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.
40
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 AT: MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH ST.,
SUITE 408, KEY WEST, FL 33040,
L C C SL& C - L. " V, (305) 292-3470.
24. NON-WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28,
Florida Statutes, the participation of the County and the Contractor in this Agreement and the
acquisition of any commercial liability insurance coverage, self-insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of immunity to the
extent of liability coverage, nor shall any contract entered into by the County be required to
contain any provision for waiver.
25. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from
liability, exemptions from laws, ordinances, and rules and pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of officers, agents, or
employees of any public agents or employees of the County, when performing their respective
functions under this Agreement within the territorial limits of the County shall apply to the same
degree and extent to the performance of such functions and duties of such officers, agents,
volunteers, or employees outside the territorial limits of the County.
26. LEGAL OBLIGATIIONS AND RESPONSIBILITIES. Non-Delegation of
Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed
as, relieving any participating entity from any obligation or responsibility imposed upon the
entity by law except to the extent of actual and timely performance thereof by any participating
entity, in which case the performance may be offered in satisfaction of the obligation or
responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing
the delegation of the constitutional or statutory duties of the County, except to the extent
permitted by the Florida constitution, state statute, and case law.
27. NON-RELIANCE BY NON-PARTIES. No person or entity shall be entitled to
rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-
party claim or entitlement to or benefit of any service or program contemplated hereunder, and
the County and the Contractor agree that neither the County nor the Contractor or any agent,
officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate
that any particular individual or group of individuals, entity or entities, have entitlements or
benefits under this Agreement separate and apart, inferior to, or superior to the community in
general or for the purposes contemplated in this Agreement.
28. TAXES. County is exempt from payment of Florida State Sales and Use taxes.
Contractor shall not be exempted by virtue of the County's exemption from paying sales tax to
its suppliers for materials used to fulfill its obligations under this contract, nor is Contractor
41
authorized to use the County's Tax Exemption Number in securing such materials. Contractor
shall be responsible for any and all taxes, or payments of withholding, related to services
rendered under this Agreement.
29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be
deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe
County in his or her individual capacity, and no member, officer, agent or employee of Monroe
County shall be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
30. EXECUTION IN COUNTERPARTS. This Agreement may be executed in any
number of counterparts, each of which shall be regarded as an original, all of which taken
together shall constitute one and the same instrument and any of the parties hereto may execute
this Agreement by signing any such counterpart.
31. SECTION HEADINGS. Section headings have been inserted in this Agreement as
a matter of convenience of reference only, and it is agreed that such section headings are not a
part of this Agreement and will not be used in the interpretation of any provision of this
Agreement.
32. PROFESSIONAL RESPONSIBILITY. The Contractor warrants that it is
authorized by law to engage in the performance of the activities encompassed by the project
herein described, subject to the terms and conditions set forth. The provider shall at all times
exercise independent, professional judgment and shall assume professional responsibility for the
services to be provided. Continued funding by the Board is contingent upon retention of
appropriate local, state, and/or federal certification and/or licenser of contractor.
33. NOTICE REQUIREMENT. All written correspondence to the COUNTY shall be
dated and signed by an authorized representative of the CONTRACTOR. Any notice required or
permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-
paid, to the COUNTY by certified mail, return receipt requested, Any written notices or
correspondence given pursuant to this contract shall be sent by United States Mail, certified,
return receipt requested and postage pre-paid, or by courier with proof of delivery and delivery
pre-paid. to the following:
FOR COUNTY FOR CONTRACTOR
Christine Hurley
County Administrator
1100 Simonton Street
Key West, FL 33040 Phone:
(305) 292-4441 Fax:
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.
42
34. TERMINATION.
In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, the
COUNTY shall have the right to terminate this agreement after five days written notification to
the CONTRACTOR.
A. Either of the parties hereto may cancel this Agreement without cause by giving the
other party thirty (30) days written notice of its intention to do so.
B. Termination for Cause and Remedies: In the event of breach of any contract terms,
the COUNTY retains the right to terminate this Agreement. The COUNTY may also
terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail
to perform the covenants herein contained at the time and in the manner herein
provided. In the event of such termination, prior to termination, the COUNTY shall
provide CONTRACTOR with five (5) calendar days' notice and provide the
CONTRACTOR with an opportunity to cure the breach that has occurred. If the
breach is not cured, the Agreement will be terminated for cause. If the COUNTY
terminates this agreement with the CONTRACTOR, COUNTY shall pay
CONTRACTOR the sum due the CONTRACTOR under this agreement prior to
termination, unless the cost of completion to the COUNTY exceeds the funds
remaining in the contract; however, the COUNTY reserves the right to assert and seek
an offset for damages caused by the breach. The maximum amount due to
CONTRACTOR shall not in any event exceed 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.
C. Termination for Convenience: The COUNTY may terminate this Agreement for
convenience, at any time, upon 30 days' notice to CONTRACTOR. If the COUNTY
terminates this Agreement with the CONTRACTOR, COUNTY shall pay
CONTRACTOR the sum due the CONTRACTOR under this AGREEMENT prior to
termination, unless the cost of completion to the COUNTY exceeds the funds
remaining in the contract. The maximum amount due to CONTRACTOR shall not
exceed the spending cap in this Agreement.
D. For Contracts of any amount, if the County determines that the Contractor/Consultant
has submitted a false certification under Section 287.135(5), Florida Statutes or has
been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a
boycott of Israel, the County shall have the option of (1) terminating the Agreement
after it has given the Contractor/Consultant written notice and an opportunity to
demonstrate the agency's determination of false certification was in error pursuant to
Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the
conditions of Section 287.135(4), Florida Statutes, are met.
35. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY.
CONTRACTOR and COUNTY agree that there will be no discrimination against any person,
and it is expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action
on the part of any party, effective the date of the court order. CONTRACTOR and COUNTY
agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable,
relating to nondiscrimination. These include but are not limited to: 1) Title 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
43
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 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; 11) Any other nondiscrimination provisions in any Federal or
state statutes which may apply to the parties to, or the subject matter of, this Agreement.
During the performance of this Agreement, the CONTRACTOR, in accordance with Equal
Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339),
as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal
Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of Labor), see 2
C.F.R. Part 200, Appendix II,¶ C, agrees as follows:
1) The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender
identity, or national origin. The contractor will take affirmative action to
ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex, sexual
orientation, gender identity, or national origin. Such action shall include, but
not be limited to the following: Employment, upgrading, demotion, or
transfer, recruitment or recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be provided the
setting forth the provisions of this nondiscrimination
clause.
2) The contractor will, in all solicitations or advertisements for employees
placed by or on behalf of the contractor, state that all qualified applicants will
receive consideration for employment without regard to race, color, religion,
sex, sexual orientation, gender identity, or national origin.
3) The contractor will not discharge or in any other manner discriminate
against any employee or applicant for employment because such employee or
applicant has inquired about, discussed, or disclosed the compensation of the
employee or applicant or another employee or applicant. This provision shall
not apply to instances in which an employee who has access to the
compensation information of other employees or applicants as a part of such
employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to
such information, unless such disclosure is in response to a formal complaint
44
or charge, in furtherance of an investigation, proceeding, hearing, or action,
including an investigation conducted by the employer, or is consistent with the
contractor's legal duty to furnish information.
4) The contractor will send to each labor union or representative of workers
with which it has a collective bargaining agreement or other contract or
understanding, a notice to be provided advising the said labor union or
workers' representative of the contractor's commitments under this section and
shall post copies of the notice in conspicuous places available to employees
and applicants for employment.
5) The contractor will comply with all provisions of Executive Order 11246
of September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
6) The contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by the rules, regulations,
and orders of the Secretary of Labor, or pursuant thereto, and will permit
access to his books, records, and accounts by the administering
agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
7) In the event of the contractor's noncompliance with the nondiscrimination
clauses of this contract or with any of the said rules, regulations, or orders,
this contract may be canceled, terminated or suspended in whole or in part and
the contractor may be declared ineligible for further Government contracts or
federally assisted construction contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive
Order 11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
8) The Contractor will include the portion of the sentence immediately
preceding paragraph (1) and the provisions of paragraphs (1) through (8) in
every subcontract or purchase order unless exempted by rules, regulations, or
orders of the Secretary of Labor issued pursuant to section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding
upon each subcontractor or vendor. The Contractor will take such action with
respect to any subcontract or purchase order as the administering agency may
direct as a means of enforcing such provisions, including sanctions for non-
compliance; provided, however, that in the event a contractor becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as
a result of such direction by the administering agency, the contractor may
request the United States to enter into such litigation to protect the interests of
the United States.
36. CLAIMS FOR FEDERAL OR STATE AID. Contractor and County agree that
each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further
the purpose of this Agreement; provided that all applications, requests, grant proposals, and
funding solicitations shall be approved by each parry prior to submission. Any conditions
imposed as a result of the funding that affect the Project will be provided to each parry.
37. MUTUAL REVIEW. This agreement has been carefully reviewed by the
Contractor and the County; therefore this agreement is not to be construed against either parry on
the basis of authorship.
45
38. INCORPORATION OF RFP DOCUMENTS. The terms and conditions of the
RFP documents are incorporated by reference in this contract agreement.
39. ENTIRE AGREEMENT. This writing embodies the entire agreement and
understanding between the parties hereto, and there are no other agreements and understandings,
oral or written, with reference to the subject matter hereof that are not merged herein and
superseded hereby. Any amendment to this Agreement shall be in writing, approved by the
Board of County Commissioners, and signed by both parties before it becomes effective.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed this
day of , 2025.
(SEAL)
ATTEST: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: By:
Deputy Clerk James K. Scholl, Mayor
CONTRACTOR
By:
Witnesses Title
46
EXHIBIT A
SCOPE OF WORK
PROJECT DESCRIPTION
Monroe County, Florida invites firms to submit proposals to complete a habitat restoration
project on nine (9) separate Monroe County Conservation Lands located on Big Pine, No Name,
and Little Torch Keys. Work includes the removal of invasive exotic plant species followed by
planting of native trees and shrubs to restore the sites. The project includes the supply and
installation of native plant material by the Contractor as specified below.
PROJECT LOCATION
See site specific maps included below for more information (all properties are vacant parcels and
are easily accessed by adjacent roads)
Site 1: RE# 00110650-000000; 31685 Warner St, Big Pine Key
Site 2: RE# 00110810-000000; 31543 Warner St, Big Pine Key
Site 3: RE# 00110810-000200; 31551 Warner St Big Pine Key
Site 4: RE# 00305940-000000; 31324 Avenue G, Big Pine Key
Site 5: RE# 00303680-000000: 31014 Avenue E, Big Pine Key
Site 6: RE# 00302930-000000; 31365 Avenue C, Big Pine Key
Site 7: RE# 00256790-000000; 148 Palmetto Ave, Big Pine Key
Site 8: RE# 00108480-000000; No Name Key Pt Lot 1
Site 9: RE# 00113150-000000; 1561 State Rd 4A, Little Torch Key
47
GENERAL LOCATION MAP
� Sites outlined in blue and referenced by site #
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SCOPE OF WORK
The project includes the removal of non-native and invasive exotic vegetation from the specified
sites followed by planting of native trees and shrubs.
PART 1: INVASIVE EXOTIC REMOVAL WORK
The following is a list of non-native and invasive exotic vegetation to be removed by Contractor
at each site, counts are given for reference only, Contractor is required to remove all individuals
of species listed:
Site 1: Three (3)Australian pines and nine (9) Washingtonia palms
Site 2: Stand of medium-large Australian pines (alive and dead), three (3) coconut palms, one (1) date
palm
Site 3: Three (3) coconut palms
Site 4: No exotic removal work required
Site 5: One (1)large woman's tongue (Albizia lebbeck), three (3) medium Albizia, three (3)
Washingtonia palms; (3)patches of Surinam cherry; (3) large Brazilian peppers; (3) Christmas palms
Site 6: Two (2) coconut palms; one (1) Washingtonia palm; bananas
Site 7: One (1) Washingoniapalm; one (1) Brazilian pepper
Site 8: No exotic removal work required
Site 9: Stand of approximately twelve (12) coconut palms, many small Australian pines, many medium
size Brazilian peppers, mahoes, bowstring hemp (Sansevieria spp), and night-blooming cereus /
climbing cactus (Hylocereus undatus).
48
Trees must be fully removed by the contractor except for one tall palm tree (maximum) at each site that
may be topped and left standing to provide a perch for birds. This remaining trunk must not be within
falling distance of adjacent roads,power lines, or structures.
The invasive exotic plant species listed per site shall be physically removed and treated as follows
(Garton 3A shall be diluted in water& Garlon 4 shall be diluted in a County approved vegetable-based
oil):
Target Species Treatment Method
Australian pine 50% Garlon 3A applied to cut surface immediately after cut
Casuarina s or 20% Garlon 4 applied to stump's cut surface and sides
Brazilian pepper 50% Garlon 3A applied to cut surface immediately after cut
(Schinus terebinthi olius) or 20% Garlon 4 applied to stump's cut surface and sides
Washingtonian palm Physically remove
Washin tonia robusta
Coconut palm Physically remove
(Cocos nuci era)
Senegal date palm Physically remove
Phoenix reclinata
Seaside mahoe 50% Garlon 3A applied to cut surface immediately upon
Thes esia o ulnea cutting
Woman's tongue 50% Garlon 3A applied to cut surface immediately after cut
Albizia lebbeck or 20% Garlon 4 applied to stump's cut surface and sides
night-blooming cactus Hand pull entire plant and physically remove all material
(Hylocereus undatus) from the site; place in neat pile on roadside for county
pickup (removal work may require ladders and/or pole saws
to remove cactus from tree canopy)
bowstring hemp Cut and remove blade; immediately treat cut base with 10%
(Sansevieria glyphosate in water;place cut material in neat pile on
h acinthoides) roadside for County pickup
Any additional treatment methods or changes to the methods listed above must be pre-approved
by the County Land Steward.
Contractor shall utilize quart-sized, chemical resistant spray bottles, such as "Spraymaster"
bottles (or similar), for herbicide application. The contents must be clearly labeled on the
outside of the bottle. A dye shall be used to facilitate identification of treated stems. Herbicides
will be applied using a low-pressure spray to minimize drift and non-target damage.
Stumps of removed trees may remain on site but must be cut as low to the ground as possible.
Cuts will be made level to the ground to minimize herbicide runoff prior to absorption. A
machete may not be used to cut trees as it creates a jagged cut; toppers or saws are preferred
tools. An appropriate herbicide shall be applied within one (1) minute of stump preparation.
Contractor is responsible for proper disposal of vegetative debris resulting from plant removal work
except for palm trunks and fronds (if they can't be chipped) may be cut into 4-5-foot sections and neatly
piled by the road for pickup by County claw truck. Additionally, the Contractor may pile bowstring
hemp and night blooming cactus by road for County pickup at no cost to Contractor.
49
The contractor may utilize a chipper(not required). Any hardwood mulch(non-palm) created by
the project may be used for the planting project(see Part 2) or may be disposed of in one of the
following ways (as determined by the County Land Steward):
3. Spread evenly across the site (mulch may not be placed in wetlands or cover existing
native vegetation); or
4. Removed from the site and properly disposed of at no cost to the County.
All herbicide treatments shall be at least 95% effective in preventing re-sprout of treated plants.
If 95% kill rate is not achieved for any area of the project after two (2) months past initial project
completion; one additional treatment of the exotic plants in the problem area shall be the
responsibility of the Contractor at no additional cost to the County.
PART 2: NATIVE PLANTING PROJECT
Once the invasive exotic plant removal portion of the project has been completed then the Contractor
may begin the native planting project. The installation of plant material will require augering holes (or
digging holes with backhoe or similar) and addition of organic soil (50150 mix or similar) as needed, as
determined by Land Steward. Plants must be installed level with surrounding elevation; no mounding of
soil. Mulch must be placed around all plantings (mulch supplied by the contractor) at approximately 2-3
inches in depth. Large trees must be staked/braced as needed. Piles of soil from digging holes must be
spread out and not left in piles.
This project is for the supply(total of 640 plants) and installation of said plant material on
all sites. All plants must be landscape quality, with full canopy, and must meet the minimum
specifications listed on the attached plant list. All plant material must be approved by the Land
Steward prior to installation. The County reserves the right to reject any landscape materials due
to poor quality. See vegetation list below.
Additionally, the Contractor shall auger/ dig holes for plants to be planted by the County. A
total of forty holes will be augered/ dug to a size large enough to accommodate 3-5 gallon pots.
Each of the following sites shall have 10 holes dug at locations specified by County: Sites 2, 4, 5,
& 8.
PART 3: WATERING
Watering requirements: the Contractor is responsible for four watering events (via water truck or
similar): one on the day of planting; the second within 2-3 days after planting; the third 2-3 days
following the second watering; and the fourth 7 days following the third watering. If it rains
prior to the second, third, or fourth watering, then the Contractor shall hold off on the watering
event until it hasn't rained for 2-4 days. Contractor may access water supply at Land Steward
office location on Big Pine Key. Contractor is responsible for supplying water tank, hoses, and
any other necessary equipment to complete the required watering.
50
PLANT MATERIALS LIST TO BE SUPPLIED BY THE CONTRACTOR
Contractor shall obtain, transport to the subject sites, and install the following native plant
material. Substitutions are not accepted unless previously approved by the Land Steward. Field
grown may be substituted for minimum pot size if plant meets minimum height requirement.
Site 1: RE# 00110650-000000; 31685 Warner St, Big Pine Key
Common Name Scientific Name Minimum Pot Size Total
& approximate min Quantity
height
Bay cedar Suriana maritima 7 gal 3ft 6
Blolly Gua ira discolor 15 gal Eft 3
Green buttonwood Concarpus erectus 7 gal (4ft), 15
Bushy growth
Gulf cord grass S artina s artinae 1 gal lft bunch 30
Sabal palm Sabal almetto 5ft clear trunk 2
Sea grape Coccoloba uvi era 7 al 4ft 9
Wild dilly Manilkara 7 gal (3ft) 2
.aimi ui emar inata
Total 66
Site 2: RE# 00110810-000000; 31543 Warner St, Big Pine Key
Common Name Scientific Name Minimum Pot Size Total
& approximate min Quantity
height
Bay cedar Suriana maritima 7 gal 3ft 15
Blackbead Pithecellobium ke ense 7 al 3ft 15
Blolly Gua ira discolor 15 gal Eft 5
Green buttonwood Concarpus erectus 7 gal (4ft), 30
bushy growth
Green buttonwood Concarpus erectus 3 gal (2ft) 30
bushy growth
Gulf cord grass S artina s artinae 1 gal lft bunch 30
Gumbo Limbo Bursera simaruba 7 gal Eft 8
Jamaican caper Quadrella c no hallo hora 3 gal 3ft 13
Joewood Jac uinia ke ensis 3 gal 2ft 5
Limber caper C no halla exuosa 3 gal 2ft 15
Sabal alm Sabal almetto 5ft clear trunk 4
Sea grape Coccoloba uvi era 7 gal 4ft 25
Seven-year apple Casasia clusii olia 7 gal 3ft 4
Wild dilly Manilkara 7 gal (3ft) 6
Jaimi ui emar inata
Total 205
51
Site 3: RE# 00110810-000200; 31551 Warner St Big Pine Key
Common Name Scientific Name Minimum Pot Size Total
& approximate min Quantity
height
Bay cedar Suriana maritima 7 gal 3ft 9
Green buttonwood Concar us erectus 7 gal 4ft 15
Gulf cord grass S artina s artinae 1 gal lft clump) 15
Sea grape Coccoloba uvi era 7 gal 4ft 8
Wild dilly Manilkara 7 gal (3ft) 2
jaimi ui emar inata
Total 49
Site 4: RE# 00305940-000000; 31324 Avenue G, Big Pine Key
Common Name Scientific Name Minimum Pot Size Total
& approximate min Quantity
height
Blackbead Pithecellobium ke ense 7 gal 3ft 8
Blolly Gua ira discolor 15 gal Eft 4
Fiddlewood Citharex lum s inosum 15 gal 5ft 1
Green buttonwood Conocar us erectus 7 gal 4ft 6
Gumbo limbo Bursera simaruba 15 gal 8ft 4
Limber caper C no halla exuosa 3 gal 2ft 10
Pigeon plum Coccoloba diversi olia 15 gal 8ft 4
Sea grape Coccoloba uvi era 7 gal 4ft 2
Silver sea oxeye daisy Borrichia frutescens 1 gal (lft- 10
multistem
Spanish stopper Eu enia oetida 7 gal 3ft 8
Wild lime Zanthox lum a ara 7 gal 3ft 2
Total 60
Site 5: RE# 00303680-000000: 31014 Avenue E, Big Pine Key
Common Name Scientific Name Minimum Pot Size Total
& approximate min Quantity
height
Blackbead Pithecellobium ke ense 7 gal 3ft 8
Blolly Gua ira discolor 15 gal Eft 2
Fiddlewood Citharex lum s inosum 7 gal 3ft 2
Green buttonwood Conocar us erectus 7 gal 4ft 2
Gumbo limbo Bursera simaruba 15 gal Eft 4
Pigeon plum Coccoloba diversi olia 15 gal Eft 4
Sea ra e Coccoloba uvi era 7 gal 4ft 2
Smooth Stron back Bourreria succulenta 7 al 4ft 3
Spanish stopper Eu enia oetida 7 gal 3ft 5
Wild lime Zanthox lum a ara 7 gal 3ft 2
Willow Bustic Siderox lon salici olium 15 gal 8ft 1
Total 35
52
Site 6: RE# 00302930-000000; 31365 Avenue C, Big Pine Key
Common Name Scientific Name Minimum Pot Size Total
& approximate min Quantity
height
Blackbead Pithecellobium ke ense 7 gal 3ft 3
Gumbo limbo Bursera simaruba 15 gal Eft 2
Jamaica caper Quadrella c no hallo hora 3 gal 3ft 4
Pigeon plum Coccoloba diversi olia 15 gal Eft 3
Spanish stopper Eu enia oetida 7 gal 3ft 5
White stopper Eugenia axillaris 7 gal 3 ft 5
Total 22
Site 7: RE# 00256790-000000; 148 Palmetto Ave, Big Pine Key
Common Name Scientific Name Minimum Pot Size Total
& approximate min Quantity
height
Blackbead Pithecellobium ke ense 7 gal 3ft 5
Gumbo limbo Bursera simaruba 15 gal Eft 4
Jamaica caper Quadrella c no hallo hora 3 gal 3ft 6
Keys thatch palm Thrinax morrisii 3 gal (2 ft 3
Locustberry B rsonima lucida 7 gal 2ft 2
Long stalked stopper Mosiera lon i es 3 gal 1 ft 3
Pigeon plum Coccoloba diversi olia 15 gal Eft 4
Shortleaf Fig Ficus citri olia 7 gal 6 ft 1
Wild dilly Manilkara 7 gal (3ft) 1
jaimi ui emar inata
Total 29
Site 8: RE# 00108480-000000; No Name Key Pt Lot 1
Common Name Scientific Name Minimum Pot Size Total
& approximate min Quantity
height
Blackbead Pithecellobium ke ense 7 gal 3ft 15
Blolly Gua ira discolor 15 gal Eft 15
Christmas berry L cium carolinianum 1 gal lft 8
Green buttonwood Conocar us erectus 7 gal 4ft 15
Gulf cord grass S artina s artinae 1 gal lft bunch 20
Gumbo limbo Bursera simaruba 15 gal 8ft 8
Jamaican caper Quadrella c no hallo hora 7 gal 3ft 6
Joewood Jac uinia ke ensis 3 gal 2ft 8
Locust berry B rsonima lucida 7 gal 2ft 6
Pigeon plum Coccoloba diversi olia 15 gal 8ft 4
Sea grape Coccoloba uvi era 7 al 4ft 10
Strangler fig
Ficus aurea 15 al 8ft 2
Wild dilly Manilkara 7 gal (3ft) 6
jaimi ui emar inata
Total 123
53
Site 9: RE# 00113150-000000; 1561 State Rd 4A, Little Torch Key
Common Name Scientific Name Size& approximate Total
min height Quantity
Blackbead Pithecellobium ke ense 3 gal 3ft 8
Blolly Gua ira discolor 15 gal Eft 8
Jamaican caper Quadrella c no hallo hora 3 gal 3ft 8
Sea grape Coccoloba uvi era 7 gal 4ft 8
Seven-year apple Casasia clusii olia 7 gal 3ft 2
Spanish stopper Eu enia oetida 7 gal 3ft 12
Strangler fig Ficus aurea 15 gal 8ft 1
Wild lime Zanthox lum a ara 7 gal 3ft 2
Wild dilly Manilkara 7 gal (3ft) 2
Jaimi ui emar inata
Total 51
GENERAL SPECIFICATIONS FOR BOTH PART 1 &PART 2:
Work must be performed during normal work hours (between 7:30 am and 5:30 pm), Monday
through Friday. No work may occur during weekends or on holidays observed by Monroe
County (except for watering which may occur anytime during daylight hours).
Contractor must not disturb existing native vegetation on the sites. Any ruts created by
Contractor's equipment must be smoothed and graded at end of project. The sites must be left
clean and in good condition. No heavy equipment or mulch is allowed in wetlands.
The Contractor will provide all necessary equipment to complete the project including (but not
limited to)backhoes, augers, bucket trucks, hand tools, chainsaws, chippers (not required),
vehicles, sprayers, garbage bags and personal protective equipment. The Contractor will also
provide all materials for herbicide treatment(including herbicide and adjuvants) and will strictly
adhere to all herbicide label requirements.
On-site crew supervisors must be bilingual if their crew includes non-English speakers.
Contractors entering the Keys from areas outside of Monroe County (Keys) must adhere to the
following equipment decontamination protocol:
• Mandatory decontamination protocols must be followed for vehicles and equipment prior to
entering Keys from areas outside of the County (Keys).
• If decontamination is required by the County then the contractor must utilize a designated
decontamination site within Monroe County. The County shall supply the contractor with a
list of designated decontamination sites if necessary.
Decontamination protocols:
• All equipment including but not limited to vehicles, trailer, ATV's, and chippers must be
cleaned with a pressure washer(at a County approved facility). Decontamination protocols
include spraying down all equipment surfaces including the undercarriage and tires to
ensure that mud, vegetative debris and other debris is not transported from the previous
treatment site. Special attention will be paid to equipment that has worked at sites where
54
Lygodium, Cogon grass and other exotics specific to the mainland were treated to prevent
the spread of these species into Monroe County.
• Equipment such as chain saws, toppers, etc. used for cut stump treatment must be wiped
down and cleaned so that they are free of debris.
Prior to the commencement of the project, the contractor and the County Land Steward shall
discuss the necessity for a decontamination plan. If the County requires a plan, then the
contractor shall submit a brief decontamination plan in writing, to the County for approval. The
decontamination plan shall identity specific decontamination procedures and decontamination
sites. Decontamination protocols may vary depending upon the nature of the treatment site, type
of treatment conducted at the site, and the exotic species that were treated.
In order to take advantage of seasonal rains, the project should be completed by October
31, 2025.
55
SITE SPECIFIC LOCATION MAPS
Subject parcels outlined in blue
Site 1 - RE# 00110650-000000; 31685 Warner St Bi Pine Ke
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Site 2 = RE 4 00110810-000000; Site 3 =RE 4 00110810-000200; 31543 & 31551 Warner St, Big Pine
Key
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56
Site 4: RE# 00305940-000000; 31324 Avenue G, Big Pine Key
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Site 5: RE# 00303680-000000: 31014 Avenue E, Big Pine Key
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Site 6: RE# 00302930-000000; 31365 Avenue C, Big Pine Key
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Site 7: RE 4 00256790-000000; 148 Palmetto Ave, Big Pine Key
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58
Site 8: RE# 00108480-000000; No Name Key Pt Lot 1 (planting area marked by red"X")
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Site 9: RE# 00113150-000000; 1561 State Rd 4A, Little Torch Key
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59
BID PROPOSAL FORM
TO:MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
C/O PURCHASING DEPARTMENT
OMB-BIDS o m o n ro a co u n ty-fl.g o v
PROPOSAL FROM:
The undersigned, having carefully examined the work, specifications, proposal, and addenda thereto and
other Contract Documents for the services of-
NATIVE RESTORATION PROJECT ON COUNTY CONSERVATION LANDS
And having become familiar with all local conditions including labor affecting the cost thereof, and
having familiarized himself with Federal, State, and Local laws, ordinances, rules and regulations
affecting performance of the work, does hereby propose to perform a native restoration project on Monroe
County Conservation Lands, including obtaining all plant materials and all incidentals necessary to
perform and complete said work in a workman-like manner, in conformance with specifications, and
other contract documents including addenda issued thereto.
BID PRICE FOR PART 1 (Invasive Exotic Removal): $
BID PRICE FOR PART 2 (Native Planting): $
BID PRICE FOR PART 3 (Watering): $
TOTAL BID PRICE (PART 1 +PART 2 +PART 3): $
I acknowledge receipt of Addenda No. (s)
(Check mark(4) items below, as a reminder that they are included.)
I have included the Bid Proposal which entails:
• Affidavit Attesting to Noncoercive Conduct
• Non-Collusion Affidavit
• Sworn Statement Under Ord.No 10-1990—Ethics Clause
• Drug Free Workplace Form
• Public Entity Crime Statement
• Vendor Certification regarding Scrutinized Companies List
• Foreign Entities Affidavit
• Insurance Requirements
• Local Preference Form (if applicable)
In addition, I have included a current copy of:
Monroe County Occupational License
Insurance Agents Statement
and all requirements as stated in Section One of the RFP.
Print Name: Title:
Mailing Address: Telephone:
Date:
Signed: Witness:
(Seal)
60
AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT
FOR LABOR OR SERVICES
Entity/Vendor Name:
Vendor FEIN:
Vendor's Authorized Representative:
(Name and Title)
Address:
City: State: Zip:
Phone Number:
Email Address:
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:
61
LOCAL PREFERENCE FORM
A.Vendors claiming a local preference according to Ordinance 023-2009, as amended by Ordinance No. 004-
2015 and 025-2015,must complete this form.
Name of Bidder/Responder Date:
1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at
least one(1)year prior to the notice of request for proposals? (Please furnish copy.)
2. Does the vendor have a physical business address located within Monroe County from which the vendor
operates or performs business on a day-to-day basis that is a substantial component of the goods or services
being offered to Monroe County?
(The physical business address must be registered as its principal place of business with the Florida
Department of State for at least one year prior to the notice of request for proposals.)
List Address:
Telephone Number:
B. Does the vendor/prime contractor intend to subcontract 50%or more of the goods,services,or construction
to local businesses meeting the criteria above as to licensing and location?
If yes,please provide:
1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at
least one(1)year prior to the notice or request for proposals.
2. Subcontractor's physical business address within Monroe County from which the subcontractor operates:
(The physical business address must be registered as its principal place of business with the Florida
Department of State for at least one(1) year prior to the notice of request for bids or proposals)
Tel.Number
Address
Print Name:
Signature and Title of Authorized Signatory for
Bidder/Responder
STATE OF
COUNTY OF
The foregoing instrument was sworn to (or affirmed)and subscribed before me by means of[]physical
presence or[] online notarization this day of 20 ,by
Signature of Notary Public-State of Florida
Name of Notary
My commission expires:
Personally Known OR Produced Identification
Type of Identification
Produced
62
NON-COLLUSION AFFIDAVIT
I, of the city of
according to law on my oath, and under penalty of perjury, depose and say that:
l. I am
of the firm of
the respondent making the Proposal for the project described in the Notice for
Calling for bids for:
and that I executed the said proposal with full authority to do so:
the prices in this bid have been arrived at independently without collusion, consultation,
communication or agreement for the purpose of restricting competition, as to any
matter relating to such prices with any other respondent or with any competitor;
unless otherwise required by law, the prices which have been quoted in this bid have not
been knowingly disclosed by the respondent and will not knowingly be disclosed by
the respondent prior to bid opening, directly or indirectly, to any other respondent or
to any competitor; and
no attempt has been made or will be made b the respondent to induce any other person,
partnership or corporation to submit, or not to submit, a bid for the purpose of
restricting competition;
5. the statements contained in this affidavit are true and correct and made with full
knowledge that Monroe County relies upon the truth of the statements contained in
this affidavit in awarding contracts for said project.
(Signature of Respondent) (Date)
STATE OF:
COUNTY OF:
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, (name of individual signing) affixed his/her
signature in the space provided above on this day of , 20
NOTARY PUBLIC
My Commission Expires:
63
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
(Company)
"...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former
County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County
officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of
this provision the County may, in its discretion, terminate this Agreement without liability and may
also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full
amount of any fee, commission, percentage, gift, or consideration paid to the former County officer
or employee."
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online
notarization, on (date) by
(name of affiant). He/She is personally known to me or has
produced (type of identification) as identification.
NOTARY PUBLIC
My Commission Expires:
64
DRUG-FREE WORKPLACE FORM
In accordance with the Florida Statutes, Section 287.087, preference shall be given to businesses with drug-free
workplace programs. Whenever two or more bids or replies that are equal with respect to price, quality and service are
received by the State or by any political subdivision for the procurement of commodities or contractual services,a bid,or
reply received from a business that certifies that it has implemented a drug-free workplace program shall be given
preference in the award process. Established procedures for processing the bids will be followed if none of the tied
vendors have a drug-free workplace program
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture,distribution,dispensing,possession,or use of
a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for
violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace,the business'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,or any employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.
As the person authorized to sign the statement,I certify that this firm complies fully with the above requirements.
STATE OF
(Signature of Respondent)
COUNTY OF
Date
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, (name of individual
signing) affixed his/her signature in the space provided above on this
day of 20 .
My commission expires:
NOTARY PUBLIC
65
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 public entity, may not be awarded or perform work as a
CONTRACTOR, supplier, subcontractor, or CONTRACTOR 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, for CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list."
I have read the above and state that neither (Respondent's name) nor any
Affiliate has been placed on the convicted vendor list within the last 36 months.
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online
notarization, on (date) by
(name of affiant). He/She is personally known to me
or has produced (type of identification) as identification.
NOTARY PUBLIC
My Commission Expires:
66
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
Project Description(s):
Respondent Vendor Name:
Vendor FEIN:
Vendor's Authorized Representative Name and Title:
Address:
City: State: Zip:
Phone Number:
Email Address:
Vendor has reviewed Section 287.135,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.
Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or
renewing a contract for goods or services of any amount if, at the time of contracting or renewal,the company is on the
Scrutinized Companies that Boycott Israel List,created pursuant to Section 215.4725,Florida Statutes,or is engaged in a
Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal
for,or entering into or renewing a contract for goods or services of$1,000,000 or more,that are on either the Scrutinized
Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector Lists which were created pursuant to s. 215.473,Florida Statutes,or is engaged in business operations in Cuba or
Syria.
As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the
Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or
engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies
with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or
engaged in business operations in Cuba or Syria.
I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject
company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be
terminated, at the option of the County,if the company is found to have submitted a false certification or has been placed
on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized
Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector List or been engaged in business operations in Cuba or Syria.
Certified By: who is authorized to sign on
behalf of the above referenced company.
Authorized Signature:
Print Name:
Title:
Note:The List is available at the following Department of Management Services Site:
http://www.dms.lpyflorida.com/business operations/state purchasing/vendor inforrnation/convicted suspended discrim
inatory complaints vender lists
67
FOREIGN ENTITIES AFFIDAVIT F.S.287.138
I of the city of according to law on my oath, and
under penalty of perjury, depose and say that:
a. I am of the firm of
("Entity"), the bidder making the
Proposal for the project described in the Request for Proposals for
and that I executed the said proposal with
full authority to do so;
b. The 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. 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:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me,by means of❑ physical presence or ❑ online notarization,
on (date) by (name of affiant). He/She
is personally known to me or has produced
(type of identification) as identification.
NOTARY PUBLIC
My Commission Expires:
68
INSURANCE CHECKLIST
FOR
VENDORS SUBMITTING PROPOSALS
FOR WORK
To assist in the development of your proposal, the insurance coverages marked with an"X" will be
required in the event an award is made to your firm. Please review this form with your insurance
agent and have him/her sign it in the place provided. It is also required that the respondent sign the
form and submit it with each proposal.
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
Prior to the commencement of work governed by this contract, the Contractor will obtain Workers'
Compensation Insurance with limits sufficient to respond to applicable Workers' Compensation
state statutes and the requirements of Chapter 440, Florida Statutes.
In addition,the Contractor will obtain Employers' Liability Insurance with limits of not less
than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease,policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage will be maintained throughout the entire term of the contract.
Coverage will be provided by a company or companies authorized to transact business in the State
of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-
insurer, the County may recognize and honor the Contractor's status. The Contractor may be
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
of Insurance,providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
69
GENERAL LIABILITY
Prior to the commencement of work governed by this contract, the Contractor will obtain
Commercial General Liability Insurance. Coverage will be maintained throughout the life of the
contract and include, as a minimum:
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability
• Personal Injury Liability
The minimum limits acceptable is:
$500,000 Combined Single Limit(CSL)
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12)months following the acceptance of work by the County.
The Monroe County Board of County Commissioners will be named as Additional Insured on all
policies issued to satisfy the above requirements.
70
VEHICLE LIABILITY
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor,
prior to the commencement of work, shall obtain Business Automobile Liability Insurance.
Coverage will be maintained throughout the life of the contract and include, as a minimum, liability
coverage for:
• Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable is:
$300,000 Combined Single Limit(CSL)
If split limits are provided, the minimum limits acceptable are:
$200,000 per Person
$300,000 per Occurrence
$100,000 Property Damage
The Monroe County Board of County Commissioners will be named as Additional Insured on all
policies issued to satisfy the above requirements.
71
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the respondent named below. The following
deductibles apply to the corresponding policy.
POLICY DEDUCTIBLES
Liability policies are Occurrence Claims Made
Insurance Agency Signature
RESPONDENTS STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full
with all the requirements.
Respondent Signature
INSURANCE CHECKLIST
FOR
NATIVE HABITAT RESTORATION PROJECT ON MONROE COUNTY
CONSERVATION LANDS
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
Prior to the commencement of work governed by this contract, the Contractor will obtain
Workers' Compensation Insurance with limits sufficient to respond to applicable Workers'
Compensation state statutes and the requirements of Chapter 440, Florida Statutes.
In addition, the Contractor will obtain Employers' Liability Insurance with limits of not less
than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy
limits
$100,000 Bodily Injury by Disease, each employee
Coverage will be maintained throughout the entire term of the contract.
Coverage will be provided by a company or companies authorized to transact business in the State
of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized
self- insurer, the County may recognize and honor the Contractor's status. The Contractor
may be required to submit a Letter of Authorization issued by the Department of Labor and a
Certificate of Insurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
29
GENERAL LIABILITY
Prior to the commencement of work governed by this contract, the Contractor will obtain
Commercial General Liability Insurance. Coverage will be maintained throughout the life of
the contract and include, as a minimum:
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability
• Personal Injury Liability
The minimum limits acceptable is:
$500,000 Combined Single Limit(CSL)
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy,
its provisions should include coverage for claims filed on or after the effective date of this
contract. In addition,the period for which claims may be reported should extend for a minimum
of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners and the Monroe County Comprehensive
Plan Land Authority will be named as Additional Insured on all policies issued to satisfy the
above requirements.
30
VEHICLE LIABILITY
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor,
prior to the commencement of work, shall obtain Business Automobile Liability Insurance.
Coverage will be maintained throughout the life of the contract and include,as a minimum,liability
coverage for:
• Owned, Non-Owned, and Hired
Vehicles The minimum limits acceptable is:
$300,000 Combined Single Limit(CSL)
If split limits are provided, the minimum limits acceptable are:
$200,000 per Person
$300,000 per Occurrence
$100,000 Property Damage
The Monroe County Board of County Commissioners and the Monroe County Comprehensive
Plan Land Authority will be named as Additional Insured on all policies issued to satisfy the
above requirements.
31
BID PROPOSAL FORM
TO. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
C/O PURCHASING DEPARTMENT
OMB-BIDS@monroecounty-fl.gov
PROPOSAL FROM: 610 ft—C 1,
The undersigned, having carefully examined the work, specifications, proposal, and addenda thereto and
other Contract Documents for the services of:
NATIVE RESTORATION PROJECT ON C01UNTY CONSERVATION LANDS
And having become familiar with all local conditions including labor affecting the cost thereof, and
having familiarized himself with Federal, State, and Local laws, ordinances, rules and regulations
affecting performance of the work,does hereby propose to perform a native restoration project on Monroe
County Conservation Lands, including obtaining all plant materials and all incidentals necessary to
perform and complete said work in a workman-like manner, in conformance with specifications, and
other contract documents including addenda issued thereto.
BID PRICE FOR PART I (Invasive Exotic Removal): Lf BID PRICE FOR PART 2 (Native Planting):
BID PRICE FOR PART 3 (Watering):
TOTAL BID PRICE(PART 1 +PART 2+PART 3):
I acknowledge receipt of Addenda No. (s)
(Check mark(4) items below,as a reminder that they are included.)
I have included the Bid Proposal which entails:
• Affidavit Attesting to Noncoercive Conduct
• Non-Cotlusion Affidavit
• Sworn Statement Under Ord,No 10-1990—Ethics Clause
• Drug Free Workplace Form
• Public Entity Crime Statement
• Vendor Certification regarding Scrutinized Companies List L'111
• Foreign Entities Affidavit
• Insurance Requirements
• Local Preference Form(if applicable)
In addition,I have included a current copy of:
Monroe County Occupational License
Insurance Agents Statement
and all requirements as stated in Section One of the P.
tl
Print Name: Val" Title: f9 M
Mailing Address:
�9_L> Telephone:
Date:
Signed: Witness:
(Seal)
60
LOCAL PREFERENCE FORM
A.Vendors claiming a local preference according to Ordinance 023-2009,as amended by Ordinance No. 004-
2015 and 025-2015,must complete this form. rr
Name of Bidder/ResponderCbnA -e- e4 Date: to
1.Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at
least one(1)year prior to the notice of request for proposals? ""�/
__ (Please furnish copy.)
2.Does the vendor have a physical business address located within Monroe County from which the vendor
operates or performs business on a day-to-day basis that is a substantial component of the goods or services
being offered to Monroe County?
(The physical business address must be registered as its principal place of business with the Florida
Department of State for at least one year prior to the notice of request for proposals,)
List Address:
Telephone Number: 12— q Z-4
B.Does the vendor/prime contractor intend to subcontract 50%or more of the goods,services,or construction
to local businesses meeting the criteria above as to licensing and location?
If yes,please provide:
1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at
least one(1)year prior to the notice or request for proposals,
2. Subcontractor's physical business address within Monroe County from which the subcontractor operates.-
(The physical business address must be registered as its principal place of business with the Florida
Department of State for at least one(1) year prior to the notice of request for bids or proposals)
Tel.Number
Address
Print Name:
Signature and Title of Authorized Signatory for
Bidder/Responder
STATE OF
COLNTY OF
The foregoing instrument was sworn to or affirmed)an subscribed before me by means ca-M"pliysical
presence or[ nline notarization day this 20!;Ir;�,by
1 hl
Si No Public-State of Florida
Marne o�f 7N�tair�y�
My commission expires:
Personally Known OR Produced Identification
Type of Identification
Produced
Notary Public State of Florida
A Eric Parker
My Commission HN 516403
ttli Expires 411412028
62
AFFIDAVIT ATTESTING TO NONCOERCPvTE CONDUCT
FOR LABQR OR SERVICES
Entity/Vendor Name:_Cone_R *IA97C- L&P�4155&"E frnfe�SISC2Da/S
Vendor FEIN: 02 5 q r7
Vendor's Authorized Representative: _M f�-9:t k 5 1-t ft K E "' VQ L 4-A AS 0 , PrVA sE WV+
(Name and Title)
Address: )-Ocl IV. 41kP0P,'T IQE) -
City: J-Ptye-e n i-,-- r State: FL —Zip: 33070
Phone Number: S<5 S- s-IT—&q 2-to
Email Address: Cor)c_h 1-t-g-e- @ be-1(59204 -Cle.
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 11 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: AM•e_ C= L V6//a who is authorized
to sign on behalf of the above r ferenced company.
Authorized Signature: :Z-- - -/--/ ��
Print Name: Af-4tcld CV--011a_A-d
Title: X(I P.
61
NON-COLLUSION AFFIDAVIT
'T of the city of A ve&hj i C 9.
according to law on my oath, and under penalty of peiJury, depose and say that:
1. I am -e r cLn��� e�i' �4-
of the firm of (�OnQi ec Ar L
— ---La _� 'q N 0 5�C'q ef_Ar djn�'�0 A�'�_J X�tv c
the res ondent aking the Proposal for the project described in the Notice for
Calling for bids for:
and that I executed the said proposal with full authority to do so:
the prices in this bid have been arrived at independently out collusion, consultation,
communication or agreement for the purpose of restricting competition, as to any
matter relating to such prices with any other respondent or with any competitor;
unless otherwise required by law, the prices which have been quoted in this bid have not
been knowingly disclosed by the respondent and will not knowingly be disclosed by
the respondent prior to bid opening, directly or indirectly, to any other respondent or
to any competitor; and
no attempt has been made or will be made b the respondent to induce any other person,
partnership or corporation to submit, or not to submit, a bid for the purpose of
restricting competition;
5. the statements contained in this affidavit are true and correct and made with full
knowledge that Monroe County relies upon the truth of the statements contained in
this affidavit in awarding contracts for said project.
...
(Signature of Respondent) (Date)
01
STATE OF:
COUNTY OF:
PERSONALLY APPEARED BEFORE ME,the undersigned authority, 0\hizTi 0
who, after first being sworn by me, (name of %inividual signing) affixed his/her
signature in the space provided above on this & day of
Notary Public State of Florida
NOTARY Ll Eric Parker
My Commission HH 515403
M
Expires 4/14/2028 y Commission Expires:
63
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY,FLORIDA
ETHICS CLAUSE
46
(Company)
"...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former
County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County
officer or employee in violation of Section 3 of Ordinance No. 0 10-1990. 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."
j P/4
(Signature) \1
Date: AU-L. ZC7 7-5-
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me, by means of 16hysical presence or El online
notarization, on (date) by
Mft Vc 114"b (name of affiant). He/She is personally known to me or has
produced (type of identification)as identification.
NOTARY,nn
My Commission Expires:
N*tM Public State of Florida
Eric Parker
Tlit Mycorn Isalon MM6164]03
T Expire$ 4/14/2028
64
DRUG-FREE WORKPLACE FORM
In accordance with the Florida Statutes, Section 287.087, preference shall be given to businesses with drug-free
workplace programs. Whenever two or more bids or replies that are equal with respect to price,quality and service are
received by the State or by any political subdivision for the procurement of commodities or contractual services,a bid,or
reply received from a business that certifies that it has implemented a drug-free workplace program shall be given
preference in the award process. Established procedures for processing the bids will be followed if none of the tied
vendors have a drug-free workplace program
The un'9�ersigned vendor in accordance with Florida Statute 287,087 hereby certified that;
C
(Name of Business)
1.Publish a statement notifying employees that the unlawful manufacture,distribution,dispensing,possession,or use of
a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for
violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace,the business'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 contenders to, any violation of Chapter 893 (Florida Statutes)or
of any controlled substance law of the United States or any state,for a violation occurring in the workplace no later than
five(5)days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if
such is available in the employee's community,or any employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.
As the person authorized to sign the statement,I certify that this firm complies fully with the above requirements.
STATE C> 2"
(Signature of Respondent)
COUNTY OF - Z5
Date
PERSONALLY APPEARED BEFORE ME,the undersigned authority,
\to who, after first being sworn by me, (name of individual
signing)affixed his/her signature in the space provided above on this
day of �, 2025
My commission expires:
OFTARY�U C N
f Notary public Stale of Florida
65 A Eric Parker
m
ttllExpires 4/1412028
MyCom ission KH5i5403
PUBLIC ENTITY C.RIME STA.TEMENT
"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 public entity, may not be awarded or perform work as a
CONTRACTOR, supplier, subcontractor, or CONTRACTOR 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, for CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list."
I have read the above and state that neither&ja to�\j�ot mwJ(Respondent's name)nor any
Affiliate has been placed on the convicted vendor list within the last 36 months.
(Signature)
Date: 2-5-
STATE OF:
................__®
COUNTY OF:—.
Subscribed and sworn to (or affirmed) before me, by means of ysical presence or 0 online
notarization, on -,057 by
(date)
(name of want). He/She is personally known to me
or has produced (type of identification)as identification.
zi ,-V SPU �Llc
NOI
My Commission Expires:
Notary Public st
Eric Pat Of FlOfida
i MYCOMM arker
88io" HH 515403
XPIres 411412025
66
VENDOR CERTMCATION REGARDING SCRUTINIZED COMPANIES LISIS,
Project Description(s): ,I "#817W'7 k0g5rora77o Al PROJ-C�Z jr- a fzre 6,00,1
I OO/Z5er!rZh6A
Respondent Vendor Name: C�nch I—r,,--e- f Uuosc&pe ail
rl�-6slcmlsl
VendorFEIN: 7 Co-045'q Z4, 7 "L
Vendor's Authorized Representative Name and Title: (n A t2 r1NJ
Address:
Cit7y:TAv-to;,,-- r State- FL zip:
Phone Number:
Email Address: CO f)Ch+rx--e- be I I wy4�% -ti e,,J
Vendor has reviewed Section 287,135,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.
Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or
renewing a contract for goods or services of any amount if,at the time of contracting or renewal,the company is on the
Scrutinized Companies that Boycott Israel List,created pursuant to Section 215.4725,Florida Statutes,or is engaged in a
Boycott of Israel. Section 287.135,Florida Statutes, also prohibits a company from bidding on, submitting a proposal
for,or entering into or renewing a contract for goods or services of$1,000,000 or more,that are on either the Scrutinized
Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector Lists which were created pursuant to s.215.473,Florida Statutes,or is engaged in business operations in Cuba or
Syria.
As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the
Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or
engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies
with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or
engaged in business operations in Cuba or Syria.
I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject
company to civil penalties,attorney's fees, and/or costs. I further understand that any contract with the County may be
terminated,at the option of the County,if the company is found to have submitted a false certification or has been placed
on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized
Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector List or been engaged in business operations in Cuba or Syria.
.'n z Certified By: e Z�O 11-1�14 11ztA-1 who is authorized to sign on
behalf of the above referenced company.
Authorized Signature:e,<
Print Name:—Am
Title: vi P,
Note:The List is available at the following Department of Management Services Site:
htttt://www.dms.myflorida.com/business options/state rurchasing/vendor info rmation/convicted susvended discrim
inatory cam paints vendor lists
67
WQ_R_FJfQ-N ENTITIES AfEMAUI F.S._287.138
1, fq&g6L. V5 I I aYJ of the city of Tow-r_MI`Lr according to law on my oath, and
under penalty of perjury,depose and say that:
a. I am 6WAe—r and P(V-. 1 of the firm of
qnlism'oe gia T. rLe,("Entity"), the bidder making the
Proposal for the project described in the Request for Proposals for
and that I executed the said proposal with
full authority to do so-,
b. The 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. 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.
it
STATE OF: Date:
COUNTY OF:
14
Subscribed and sworn to(or affirmed) before me,by means ofJ&Physical presence or 0 7
online not arizat io
mlip_n-J5
on (date) by (name of aff iant). He/She
is leers nil knowni to me or has produced
(type of identification)as identification,
TA PUBLIC
Notary Publir SWO of Florida
A' Eric Parker
nil My COMMISSIon HH 615403 My Commission Expires:
EXpirgs 4114/2028
68
2025 1 2026
MONROE COUNTY BUSINESS TAX RECEIPT
EXPIRES SEPT EMBER 30, 2026
RECEIPIT# 30140-98172
Business Name: CONCH TREE&LANDSCAPE
PROFESSIONALS INC
MO CTY
Owner Name; MARTIN &AIMEE VOLLAND, MARTIN S Business Location: KEY LARGO, FL 33037
Mailing Address:VOLLAND QUALIFIER
209 N AIRPORT RD Business Phone: 305-451-1900
TAVERNIER, FL 33070 Business Type: CONTRACTOR(CONTRACTORS/LANDSCAPING)
Employees I
COMP CARD: SP 3836
Tax Amount I Transfer Fee I Sub-Total Penalty
I Prior Years lection Cost ITotal Paid
20.00 0.00 1 O�00 O.00L 20.00J
20.001 0.001 !L-700+0col
Paid WRB-24-00080484 07/07/20 25 20. 00
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, 2026
Business Name: CONCH TREE&LANDSCAPE RECEIPT# 30140-98172
PROFESSIONALS INC MO CTY
Business Location: KEY LARGO, FL 33037
Owner Name. MARTIN &AIMEE VOLLAND, MARTIN S
Mailing Address:VOLLAND QUALIFIER Business Phone: 305-451-1900
209 N AIRPORT RD Business Type: CONTRACTOR(CONTRACTORS/LANDSCAPING)
TAVERNIER, FL 33070
Employees I
COMP CARD: SP 3836
Tax Amount I Transfer Fee I Sub-Total Penalty Prior Years Collection Cost Total Paid
20.001 0.00 20.00 L_ 0.00 0100 0.00 20.00
Paid WRB-24-00080484 07/07/2025 20.00
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the respondent named below. The following
deductibles apply to the corresponding policy.
POLICY DEDUCTIBLES
G�0 0�0 0�
Liability policies are Occurrence Claims Made
Insurance Agency Signature
RESPONDENTS STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full
with all the requirements
.' V7,
Respondent Signature
8/18/25, 11:42 AM Detail by Entity Name
r
k ,prtrvv�ntas„ tizP / evni, � t..t agp2okd�ar / .irrAh..i / r�du , /
Detail Entity
Florida Profit Corporation
CONCH TREE&LANDSCAPE PROFESSIONALS, INC.
ilia Information
Document er P03000092175
FE1/EIN Number -0257867
Date File 08/21/2003
Effective Date 08/21/200
State FL
Status ACTIVE
Mast Event AMENDMENT
Event Date Filed 05/28/2009
Event Effective Date NONE
Prin 1pal Address
209 N.Airport Rd
Tavernier, FL 33070
Changed: 02/1 /2015
ailing Address
BOX 372233
KEY LARGO, FL 33037
Changed: 5/24/2007
deg° r A rDt __e Ad r
CATARI EAU,JOE A
91750 OVERSEAS HWY
TAVERNIER, FL 3 070
Name Changed: 05/28/2009
Address Changed: 05/28/2009
Offier! hector Detsil
Name&Address
Title President
https://searcii.sunbiz.crg/Inquiry/Ccrperaticn earth/ earchResultCDetail?inquirytype=EntityName directicnType=lnitial searchNameOrder=CONCHT... 1/3
8/18/25, 11:42 AM Detail by Entity Name
V®LLAND, MARTIN S
209 N.Airport Rd
Tavernier, FL 33070
Title VP, Executive Secretary
VOL LAND,AI EE
209 N.Airport Rd
Tavernier, FL 33070
Annual RepojU
Report Year Filed Date
2023 02/07/2023
2024 03/04/2024
2025 02/12/2025
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+� DATE(MMACCORIf YE
CERTIFICATE OF LIABILITY INSURANCE /2312025
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE
ES NOT AFFIRMATIVELY OR HEGIATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF
INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INS RER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE
CERTIFICATE HOLDER.
IMPORTANT: If certificate holder Is an ADDITIONAL INSURED, the poll les) must a ADDITIONAL INSURED provisions a erred. If
SUBROGATION IS WAIVED, subject to the terms d conditions of the policy, certain policies Duty require an endorsement. A statement on this
certificate does not confer rights to the certificate holder in lieu of such e rserrl (s).
PRODUCER NAME: CLIENT CONTACT CENTER
FEDERATED MUTUAL INSURANCE COMPANY PHONE -
HOME OFFICE:P.O.BOX 328 6AIC,we,Etta.888-3334949 (AtC,Nat:507-4464
ATONNA,MN 55060 ADDRIESS:CLIENTCONTACTCENTER(,FEDINS. M
INSURERS AFFORDING COVERAGE HAIG#
INSURER A:FEDERATED MUTUAL INSURANCE COMPANY 13935
INSURED INSURER M
CONCH TREE&LANDSCAPE PROFESSIONALS,INC:° INSURER C:
209 N AIRPORT RD — -—
TAVERNIER,FL 33070-2413 INSURER o:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:6 REVISION NUMBER:0
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN 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 HEREON IS SUBJECT"TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF
SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
.......... ............. ..... __._..,._._..___.______................................. ......... ............. _ .................
ILT R � TYPE OF INSURANCE AD EL SU D POLICY NUMBER i MflDDP OF POLICY E%P LIMITS
LTR HN5R MMPODlYYYY MMtDDfYYYY
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000
CLAIMS-MADE {{II)( OCCUR I AMAGETO ENTEDPREMISES $100,000
.. I Lm..^... i Ea accurrznce4.....,. �. ........_
MED EXP(Any one.w...._ penan) EXCLUDED
.___-1 .._
A _ Y I N 1925636 04t01f2025 04f0112026 PERsaNALB___AOVInJURY_ 51,000,Oa0
OENi.AGGREGATE LIMITAFF ES PER...... GENERAL AGGREGATE "..... $2 0 000
POLICY F.....� ECO7 ...�LOC PRODUCTS S COMPraP ACC $200,000
GTHEW
r.acc
`AUTOMOBILE LIABILITY ITY J —i EnayD si NC3i I aSMOT $1,000,000
E:
. ..rA14vMU'r+;3 BODILY INJURY Jeer Pe ) .......
_ _ .......................... ...................................................
A OWNED AUTOS ONLY *DLn HJ Y 1 N 1925636 04101/2025 04101/2026 BODILY INJURY IPer Ac c-0
AU,Cis
_. i l[t2E1)AUT OS ONLY NON OWNED i Pe�P ld D�A.M E ..... ... ......
AUTOS OM Y
UMBREL-A LIAR OCCUR I EACH OCCURRENCE
.........:EXC:,E 651..N`R................................ CLAIMS-MA 3F_ AOOREOATE
r /aLD ICE if.N7ICrW
WORKERS COMPENSATION ;
AND EMPLOYERS°LIABILITY yPN) PER STATUTE OTHER
N/A ._.
AN'Y PROPRIE'ftlR[PARYNERi E%ECUTflVE � E.L EACH ACCIDENT
OFFICERIMEMBER EXCLUDED? -------...........................
(MarWat®ry In No) El DISEASE fA EMPLOYEE
:If Yes,describe under ...._... . ....
"D6SCRIIP'rION 'OPERATIONS pelaW CL DISEASE POLICY LUMIT
DESCRIPTION OF OPERATIONS t LOCATIONS f VEHICLES IACORD Iin,Addhi Remarks Schedule.may be attached It more ee Is required) APPROVED BY RISK MANAGEMENT
.SEE ATTACHED PACE
BY z
8 26 5
DATE
WAIVER N/A RYES
CERTIFICATE HOLDER CANCELLATION
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 60 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
500 WHITEHEAD ST
KEY WEST,Fl-33040-6351 BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
0 1 -2015 ACORD CORPORATION.All rights reserved.
ACORD 25(2016 ) The ACORD name and logo are registered marks of ACORD
AGENCY CUSTOMER ID:
ACCAREF Loc#:
ADDITIONAL REMARKS SCHEDULE Page 1 Of 1
AGENCY NAMEDINSURED
FEDERATED MUTUAL INSURANCE COMPANY CONCH TREE&LANDSCAPE PROFESSIONALS,INC.
209 N AIRPORT RD
POLICY NUMBER TAVERNIER,FL 33070-2413
SEE CERTIFICATE#6.0
CARRIER NAIL CODE EFFECTIVE GATE!SEE CERTIFICATE#6.0
SEE CERTIFICATE#6.0
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: FORM TITLE: CE IFICATE OF LIABILITY INS...URANCE
ADDITIONAL NAMED INSUREDS INCLUDE
CONCH LAWN PROFESSIONALS. INC
THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED OWNERS,
LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN A WRITTEN CONSTRUCTION AGREEMENT WITH YOU ENDORSEMENT
FOR GENERAL LIABILITY.
THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSWE0 BY CONTRACT
ENDORSEMENT FOR BUSINESS AUTO LIABILITY.
ACORD 101(20001011) 0 2008 ACORD CORPORATION.All rights reserved.
The ACORD name and logo are registered marks of ACORD
DATE
CERTIFICATE OF LIABILITY INSURANCE 0
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 I SURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE
CERTIFICATE HOLDER,
IMPORTANT:If the certificate holder Is an ADDITIONAL INSURED,the policy(has)must have ADDITIONAL INSURED provisions or be endorsed. If
SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate
does not confer rights to the certificate holder in lieu of such endorsement(s),
PRODUCER CONTACT NAME: FrankCrum Certificate Department
PHONE: (727)799-1229 FAX:
E-MAIL ADDRESS:
FrankCrum Insurance Agency,Inc. INSURERS(S)AFFORDING COVERAGE NAIC
100 South Missouri Avenue
Clearwater,FL 33756 INSURER A: Frank Winston Crum Insurance Company 11600
INSURED INSURER B:
INSURER C:
INSURER D:
FrankCrum LICfF Conch Tree&Landscape Professionals,Inc. INSURER E:
100 South Missouri Avenue
Clearwater,FL 33756 INSURER F:
COVERAGES CERTIFICATE NUMBER: 1425287 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. LINTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE AOOL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS
LTR INSRO WVD MMIDD ) (MMIDDNYYY)
COMMERCIAL.GENERAL.LIABILITY EACH OCCURENCE $
CLAIMS MAOE OCCUR DAMAGE TO RENTED PREMISES••(Ea••�••�•••••••••••$••••••••••••••••
occurence)
MED EXP(Any one person) $
PERSONAL&ADV INJURY $
GEITL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
POLICY PROJECT 0 LOC PRODUCTS-COMPIOP AGO $
OTHER $
AUTOMOBILE LIABILITY COMBINED SINGLE UNIT(Ea accident) S
ANY AUTO BODILY INJURY(Per person) $
OWNED AUTOS SCHEDULED BODILY INJURY(Per accident) $
ONLY AUTOS
HIRED AUTOS NOWOWNED PROPERTY DAMAGE(Per accident) $
ONLY AUTOS ONLY
S
UMBRELLA LIAR OCCUR EACH OCCURENCE $
EXCESS LIAR CLAIMS MADE AGGREGATE $
DED RETENTIONS $
WORKERS COMPENSATION
AND EMPLOYERS'LIABILITY YIN X PER STATUE ®TREK
ANY PROPRIETORIPARTNER(EXECUTIVE
OFFICEPJMEMBER EXCLUDED? E.L.EACH ACCIDENT $1,000,000
A NIA WC202500000 alsav2oz6 01r01t2026 ••••••••••••••............�.....�Taa��.aa.._
(Mandatory in NHI E.L.DISEASE-EA EMPLOYEE $1,000,000
It Yes,describe under DESCRIPTION OF
OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000
DESCRIPTION OF OPERATIONS t LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
Effective 0711 2/2 0 1 7,coverage is for 100%of the employees of FrankCrum leased to Conch Tree&Landscape Professionals,Inc.(Client)for whom the client is reporting
hours to FrankCrum.Coverage is not extended to statutory employees.
APPROVED BY RISK MANAGEMENT
CERTIFICATE HOLDER BY -� ��2 CANCELLATION
DATE `08.26. 5 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
WAIVERN/AYES ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Monroe County BOCC
100 Simonton street
Key West,FL 33040-
O 150m2016 ACORD CORPORATION.All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD