HomeMy WebLinkAbout05/29/2026 Agreement ATTACHMENT D.5
COUNTY ADMINISTRATOR
CONTRACT SUMMARY FORM FOR CONTRACTS $100,000.00 and Under
Contract with: Tim Matthews Tree & LaggContract# 26976
Effective Date: 05/20/2026
Expiration Date:
Contract Purpose/Description:
Navigational mangrove trimming to abate overgrown vegetation at 29011 Bigonia Dr, Big Pine Key, pursuant to
Resolution 377-2014 and the Final Order in CE20010022.
Contract amendment-see attached memo.
Contract is Original Agreement Contract Amendment/Extension Renewal
Contract Manager: Brenedy Rigby 8806 rigby-brenedy@monroecounty-fl.gov
(Name) (Ext.) Email Address
CONTRACT COSTS
Total Dollar Value of Contract: $ 5,315.00 Current Year Portion: $
(must be$100,000 or less) (If multiyear agreement then
requires BOCC approval,
unless the Lumlii. ita,L
aaoa+;a¢e9 s �pt,lwl(;k;�lol 10 fr^ts;
Budgeted?Yes❑✓ No❑
Grant: $ County Match: $
Fund/Cost Center/Spend Category: 148-60500-SC_00036
ADDITIONAL COSTS
Estimated Ongoing Costs: $ 5,315 /yr For: Mangrove Trimming&Amended Cost for Permits
(Not included in dollar value above) (e.g.maintenance,utilities,janitorial,salaries,etc.)
Insurance Required: YES 0 NO ❑
CONTRACT REVIEW
Reviewer
Cynthia J.McPherson Digit°"Ys'9 5° "22 04'`P"°rs°"
Department/Office Director/ Signature: y =o4igbedby'ybt ,J.M.
Assistant Director
Kelly Dugan Digitally signed by Kelly Dugan
County Attorney Signature: Date:2026.052211:17:58-04'00'
Gaelan P Jones DigitallysignedbyGaelanPJones
Risk Management Signature: Data 2026.05.2215:0936-04'00'
Abreu
Lisa AbreU Date:2026.05.27
Purchasing Signature: _ 13,13,00-04'00'
(email con tractsr_a�monroecoun ty-tl.gov) Digitally signed by Arlene
OMB Signature: Arlene Martinez
D ata'gmF nS 97
(email OMB@monroecounty-11.gov) 14:48:57-04'00'
Comments: Auto coverage does not include the County as additional insured. Change approved due to
small size of project and contractor being only responding bid. Amended amount to include county permits.
Revised BOCC 11/12/2025
AMENDMENT ONE TO AGREEMENT FOR PROFESSIONAL
LANDSCAPING SERVICES AT 29011 BIGONIA DRIVE,BIG PINE KEY,
FL 33043
This Amendment One to Agreement for Professional Landscaping Services at 29011 Bigonia
Drive, Big Pine Key, FL 33043 ("Amendment One")is made and entered into this day
of (I,ffie,� 2026 by and between MONROE COUNTY ("COUNTY"), a political
subdivision of the State of Florida,whose address is 1100 Simonton Street, Key West,
Florida, 33040,
AND
Tim Matthews Tree & Landscaping, Inc. ("CONTRACTOR"),whose address is 160 Florida
Ave., Tavernier, FL 33070.
WITNESSETH:
WHEREAS, the COUNTY and CONTRACTOR entered into An Agreement for
Professional Landscaping Services at 29011 Bigonia Drive, Big Pine Key, FL 33043
("AGREEMENT") on March 12, 2026, with a termination date of April 1,2026; and
WHEREAS, Contractor mistakenly believed it could complete the contracted work
under a previous "blanket permit" from Florida Department of Environmental Protection.
However, said permit is no longer valid; and,
WHEREAS, the Term of Agreement and payment to Contractor tinder the Agreement
were based on this mistaken belief, and Contractor would be unable to complete the job within
said term and payment amount; and,
WHEREAS, Contractor has provided an updated quote to include the time and cost to
complete required permitting. This quote remains the lowest received by the County for the
work needed; and,
WHEREAS, the AGREEMENT needs to be amended to update the amount to be paid
to Contractor and to retroactively extend the AGREEMENT from April 1, 2026 to September 1,
2026.
NOW THEREFORE, in consideration of the mutual promises contained herein,
the AGREEMENT is amended as follows:
ection 1. Recitals and Legislative Intent The Foregoing recitals, findings of
fact, and statements of legislative intent are true and correct and are hereby incorporated
as if fully stated herein.
Section 2. The AGREEMENT is amended as follows:
Section 3. TERM OF AGREEMENT
A. This Contract shall commence upon execution by both parties and terminate
on September 1, 2026, or upon completion of the project, whichever occurs
first. The end date of the Agreement is extended from April 1, 2026, to
September 1, 2026.
B. The parties may elect to extend this Agreement for up to three months if the
work has not been completed by September 1, 2026.
Section 4. CONTRACT SUM AND PAYMENT TO CONTRACTOR
A. County's performance and obligation under this Agreement is contingent
upon an annual appropriation by the Board of County Commissioners.
County shall pay in accordance with the Florida Local Government Prompt
Payment Act; payment will be made after delivery and inspection by County
and upon submission of a proper invoice by Contractor.
B. Contractor shall submit to the appropriate County representative, invoices
with supporting documentation acceptable to the Clerk, upon completion of
the work. Acceptability to the Clerk is based on generally accepted
accounting principals and such laws, rules, and regulations as may govern the
Clerk's disbursal of funds.
C. Payment to the Contractor under this Agreement shall not exceed$5,315.00.
The remainder of the terms and conditions of the AGREEMENT remain unchanged
by this Amendment, and continue in full force and effect.
IN WITNESS WHEREOF, each party caused this Amendment One to the Agreement to
be executed by its duly authorized representative.
[SIGNATURE PAGE FOLLOWS]
MONROE COUNTY:
y Digitally signed by Christine Hurley
Christine Hurle Date: 2026.05.29 13:36:30-04-00-
County Administrator or Designee Date
Printed Name
MONROE COUNTY ATTORNEY
TIM MATTHEWS TREE & LANDSCAPING INC: APPROVED AS TO FORM
ligitally signed by Kelly
Dugan
Kelly Dugan Da 2026.05.79 10:52:34
— -"001 —
Signatu KELLY DUGAN
ASST COUNTY ATTORNEY
Name: S:
Title:
Date:
J5
COUNTY of MONROE BOARD
, COUNTY COMMISSIONERS
a� k
�x '�IIII�� "p M�yor.�;���ier,K. suhsrll, District 3
The Florida Keys � Mayor Pro Teri Michelle Lincoln,District 2
' Craig Cates, District 1.
David Rice District 4
Holly Mc�rrll.R«��sc.l�a:ui, District
Board of County Commissioners Meeting
December 10, 2025
Agenda Item Number: JS
2023-4870
BULK ITEM: No DEPARTMENT: County Attorney
TIME APPROXIMATE: STAFF CONTACT: Kelly Dugan
AGENDA ITEM WORDING: Authorisation to proceed with abatement o:fovergrown canal
vegetation creating a navigational hazard at, the property, 2901.1 Bigon:ia Dr., Big Pine Key, Florida,
pursuant to Resolution 377-2014, and impose the costs as a lien,
ITEM BACKGROUND:
C;E20010022: This property, Parcel ID 00266 20-000000, has been the subject of a code compliance
case for vegetation in canals (not compliant), The Fines total $9 ,600.00 as of November 18, 2025, and.
will continue to accrue at $1.00.00 per clay, until compliance is achieved.
A hearing was sch.cduled l:or January 26, 2023, and the property owner was not present. The Special.
Magistrate found the property in violation and ordered a compliance date of April 6, 2023, The
C:ounty's lien was recorded on April 21, 2023, A.subsequent hearing was held on October 26, 2023,
and the property owner was not present. The Special Magistrate found the property remained i.n.
violation and granted the County's motion to proceed with.collections. The code case remains open (or
non-compliance and failure to pay outstanding fines and costs.
On February 21, 2024, the Board of County Commissioners authorized the initiation of"lit.i ation against
the property owner for injunction, foreclosure, money judgment and/or writ, of execution.. In.addition.,
the Board of County Commissioners approved initiation of a probate action, A probate case was
initiated in. Seminole County on.October 23, 2024, which remains pending;.
Code Compliance has exhausted all efforts to gain voluntary timely compliance with responsible
parties.
1356
The Monroe County Property Appraiser lists the Just Market Value as $69,224.00. The property is not
homesteaded and there are no pending 66reelosure actions at this time,
Under the policy adopted in Resolution 377-2014, the available legal option in regard to abating the
presence ol'a navigational hazard from overgrown canal vegetation is to:
Proceed with abatement of overgrown canal vegetation creating a navigational hazard per Resolution
377-2014; and impose the costs of trimming as a lien against the responsible property owner, This will
require Code Compliance staff to obtain quotes and hire a contractor to obtain the appropriate permits
and conduct trimming.
County staffrecommends the BOCC approve proceeding with abatement of overgrown canal vegetation
creating a navigational hazard per Resolution 377-2014, and to impose the costs of trimming as a lien.
PREVIOUS RELEVANT BOCC ACTION:
Approval of Resolution No. 377-2014 on October 17, 2014 adopting "ATTACHMENT A" as the
Procedure to be used after Code Compliance has exhausted all efforts to gain voluntary compliance
from the responsible parties.
INSURANCE REQUIRED:
No
CON TRACT/AGREEMENT CHANCES:
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
AIS Supporting does CE20010022 Helliesen.pdf.'
Resolution 377-2014.pdt'
FINANCIAL IMPACT:
148-50001 Growth Management Admin - $5,000.00
1357
FDATE(MMIDDIYYYY)
AC"R" CERTIFICATE OF LIABILITY INSURANCE
03/17/2026
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT Lisa Maguire
NAME:
Regan Insurance Agency PHONE (305)852-3234 FAX (305)852-3703
AIC No Ext: A/C,No):
90144 Overseas Hwy. E-MAIL Imaguire@reganinsuranceinc.com
ADDRESS:
INSURER(S)AFFORDING COVERAGE NAIC#
Tavernier FL 33070 INSURERA: Bricktown Specialty Ins Co
INSURED INSURER B: Progressive Express Ins Co 10193
Tim Matthews Tree&Landscaping Inc. INSURER C:
160 Florida Avenue INSURER D:
INSURER E:
Tavernier FL 33070 INSURER F:
COVERAGES CERTIFICATE NUMBER: 26-27 GL&Auto REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ILTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDDIYYYY MM DDIYYYY LIMITS
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
CLAIMS-MADE X OCCUR PREMISES Ea occurrence $
100,000
MED EXP(Any one person) $ 5,000
A Y BTSP1000075-01 04/10/2025 04/10/2026 PERSONAL&ADV INJURY $ 1,000,000
GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000
POLICY PRO 2,OOQ000
JECT LOC PRODUCTS $
OTHER: Employee Benefits $ Included
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 300,000
Ea accident
ANY AUTO BODILY INJURY(Per person) $
B OWNED X SCHEDULED 05685778 03/17/2026 03/17/2027 BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
X HIRED X NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY Per accident
PIP-Basic $ 10,000
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE AGGREGATE $
DED I I RETENTION$ $
WORKERS COMPENSATION PER OH-
AND EMPLOYERS'LIABILITY y/N STATUTE ER
ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ NIA E.L.EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
Landscape Gardening-Tree Trimming&Pruning,Dusting,Spraying,Repairing.
Certificate Holder has Additional Insured status when rewuired by written contract. APPROVED BY RISK MANAGEMENT
BY
DATE 20.26
WAIVERNIA YES X
Addtl Insured Auto Waived-Contractor unable to
CERTIFICATE HOLDER CANCELLATION provide.bmall project
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
Monroe County BOCC and Monroe County Land Authority ACCORDANCE WITH THE POLICY PROVISIONS.
1100 Simonton Street
AUTHORIZED REPRESENTATIVE
Key West FL 33040
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
ADDITIONAL COVERAGES
Ref# Description Coverage Code Form No. Edition Date
Pesticide or herbicide Applicator Coverage
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
Included
Ref# Description Coverage Code Form No. Edition Date
COMDR COMDR
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
Ref# Description Coverage Code Form No. Edition Date
Uninsured motorist combined single limit UMCSL
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
300,000
Ref# Description Coverage Code Form No. Edition Date
Hired/borrowed HRDBD
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
$75.00
Ref# Description Coverage Code Form No. Edition Date
Non-owned NOWND
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
300,000 $161.00
Ref# Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
Ref# Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
Ref# Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
Ref# Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
Ref# Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
Ref# Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
LEV Copyright 2001,AMS Services,Inc.
AMENDMENT ONE TO AGREEMENT FOR PROFESSIONAL
LANDSCAPING SERVICES AT 29011 BIGONIA DRIVE,BIG PINE KEY,
FL 33043
This Amendment One to Agreement for Professional Landscaping Services at 29011 Bigonia
Drive, Big Pine Key, FL 33043 ("Amendment One")is made and entered into this day
of (I,ffie,� 2026 by and between MONROE COUNTY ("COUNTY"), a political
subdivision of the State of Florida,whose address is 1100 Simonton Street, Key West,
Florida, 33040,
AND
Tim Matthews Tree & Landscaping, Inc. ("CONTRACTOR"),whose address is 160 Florida
Ave., Tavernier, FL 33070.
WITNESSETH:
WHEREAS, the COUNTY and CONTRACTOR entered into An Agreement for
Professional Landscaping Services at 29011 Bigonia Drive, Big Pine Key, FL 33043
("AGREEMENT") on March 12, 2026, with a termination date of April 1,2026; and
WHEREAS, Contractor mistakenly believed it could complete the contracted work
under a previous "blanket permit" from Florida Department of Environmental Protection.
However, said permit is no longer valid; and,
WHEREAS, the Term of Agreement and payment to Contractor tinder the Agreement
were based on this mistaken belief, and Contractor would be unable to complete the job within
said term and payment amount; and,
WHEREAS, Contractor has provided an updated quote to include the time and cost to
complete required permitting. This quote remains the lowest received by the County for the
work needed; and,
WHEREAS, the AGREEMENT needs to be amended to update the amount to be paid
to Contractor and to retroactively extend the AGREEMENT from April 1, 2026 to September 1,
2026.
NOW THEREFORE, in consideration of the mutual promises contained herein,
the AGREEMENT is amended as follows:
ection 1. Recitals and Legislative Intent The Foregoing recitals, findings of
fact, and statements of legislative intent are true and correct and are hereby incorporated
as if fully stated herein.
Section 2. The AGREEMENT is amended as follows:
Section 3. TERM OF AGREEMENT
A. This Contract shall commence upon execution by both parties and terminate
on September 1, 2026, or upon completion of the project, whichever occurs
first. The end date of the Agreement is extended from April 1, 2026, to
September 1, 2026.
B. The parties may elect to extend this Agreement for up to three months if the
work has not been completed by September 1, 2026.
Section 4. CONTRACT SUM AND PAYMENT TO CONTRACTOR
A. County's performance and obligation under this Agreement is contingent
upon an annual appropriation by the Board of County Commissioners.
County shall pay in accordance with the Florida Local Government Prompt
Payment Act; payment will be made after delivery and inspection by County
and upon submission of a proper invoice by Contractor.
B. Contractor shall submit to the appropriate County representative, invoices
with supporting documentation acceptable to the Clerk, upon completion of
the work. Acceptability to the Clerk is based on generally accepted
accounting principals and such laws, rules, and regulations as may govern the
Clerk's disbursal of funds.
C. Payment to the Contractor under this Agreement shall not exceed$5,315.00.
The remainder of the terms and conditions of the AGREEMENT remain unchanged
by this Amendment, and continue in full force and effect.
IN WITNESS WHEREOF, each party caused this Amendment One to the Agreement to
be executed by its duly authorized representative.
[SIGNATURE PAGE FOLLOWS]
MONROE COUNTY:
County Administrator or Designee Date
Printed Name
MONROE COUNTY ATTORNEY
TIM MATTHEWS TREE & LANDSCAPING INC: APPROVED AS TO FORMDigitally signed by Kelly
Dugn
Kelly Dugan,,t,:a 2026.05.79 10:52:34
-WOO'
Signatu KELLY DUGAN
ASST COUNTY ATTORNEY
Name: S:
Title: e
Date:
AGREEMENT FOR
Professional Landscaping Services at 29011 BIGONIA
DRIVE, BIG PINE KEY, FL 33043
This Agreement (`Agreement") made and entered into this 12 day of
March ,2026,by and between Monroe County, a political subdivision of the State of
Florida, ("County") whose address is 1100 Simonton Street, Key West, Florida, 33040, and Tim
Matthews Tree&Landscaping, Inc. ("Contractor"),whose address is 160 Florida Ave., Tavernier,
FL 33070.
WHEREAS, County desires to contract for professional services to trim mangroves and
other vegetation creating a navigational hazard along the shoreline of the property located at 29011
Bigonia Drive in Big Pine Key; and
WHEREAS, Contractor desires to and is able to perform the work and/or services
described in Paragraph 2 and Attachment A; and
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
stated herein, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, it is agreed as follows:
1. THE AGREEMENT
The Contract Documents consist of this Agreement and any amendments executed by the patties
hereafter, including the exhibits and all required insurance documentation and licenses. The
Contract represents the entire and integrated agreement between the patties hereto and supersedes
prior negotiations, representations, or agreements, either written or oral.
2. SCOPE OF WORK
The Contractor shall perform professional landscape services to include trimming mangroves and
other vegetation at 29011 Bigonia Drive, Big Pine Key, FL 33043 identified in the Specifications
(Attachment A). Contractor shall perform all of the work in accordance with the Specifications
(Attachment A), attached hereto and incorporated as part of this document.
3. TERM OF AGREEMENT
A. This Contract shall commence upon execution by both parties and terminate on April 1,
2026, 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 April 1, 2026.
Page 1 of 23
4. CONTRACT SUM AND PAYMENTS TO CONTRACTOR
A. County's performance and obligation to pay under this Agreement, is contingent upon an
annual appropriation by the Board of County Commissioners. County shall pay in accordance
with the Florida Local Government Prompt Payment Act; payment will be made after delivery
and inspection by County and upon submission of a proper invoice by Contractor.
B. Contractor shall submit to the appropriate County representative, invoices with
supporting documentation acceptable to the Clerk, upon completion of the work. 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.
C. Payment to the Contractor under this Agreement shall not exceed $4,200.00
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. LICENSES
Contractor has,and shall maintain throughout the terms of this Agreement, all appropriate licenses
to complete the work under this Agreement. Proof of such licenses shall be submitted to the
County upon execution of this Agreement and annually thereafter or upon any renewal. Contractor
shall assign only qualified personnel to perform any service concerning the project.
7. 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.
8. INSURANCE
Contractor shall obtain and maintain at its own expense the insurance coverages listed within this
paragraph prior to commencing service under this Agreement. All insurance requirements
provided for in this Agreement shall be subject to annual review. The Contractor must keep in full
force and effect the insurance described during the term of this Agreement. If the insurance
policies originally purchased that meet the requirements are canceled, terminated, or reduced in
coverage, then the Contractor must immediately substitute complying policies so that no gap in
coverage occurs. Copies of current policy certificates shall be filed with Monroe County Risk
Department, as appropriate, whenever acquired, amended, and annually during the term of this
Agreement.
Page 2 of 23
Prior to execution of this Agreement, Contractor shall furnish the County Certificates of Insurance
indicating the minimum coverage limitations in the following amounts:
• WORKERS COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE.
Contractor's insurance policy shall reflect coverage and limits sufficient to meet the
requirements of Ch. 440,Florida Statutes. Contractor shall perform work only with employees
leased from Frank Crum Insurance Agency, Inc. and officers of the Contractor that have been
exempted from worker's compensation requirements by the Florida Department of State.
Where applicable, coverage to apply for all employees at a minimum statutory limits as
required by Florida Law, and Employee's Liability coverage in the amount of $100,000.00
bodily injury by accident, $500,000.00 bodily injury by disease,policy limits,and$100,000.00
bodily injury by disease, each employee. If the Contractor has been approved by the Florida
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.
• BUSINESS AUTOMOBILE LIABILITY INSURANCE. Contractor's insurance policy
shall provide coverage for all owned, non-owned and hired vehicles used in the performance
of work under the Agreement. Motor vehicle liability insurance, including applicable no-fault
coverage, with limits of liability of not less than$100,000.00 per occurrence, combined single
limit for Bodily Injury Liability and Property Damage Liability. If single limits are provided,
the minimum acceptable limits are $50,000.00 per person, $100,000.00 per occurrence, and
$25.000.00 property damage.
• COMMERCIAL 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 Agreement and include, as a minimum: Premises
Operations; Products and Completed Operations; Blanket Contractual Liability; Personal
Injury Liability. The minimum limits acceptable is: $300,000 Combined Single Limit(CSL).
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this
contract. In addition, the period for which claims may be reported should extend for a minimum
of twelve months following the acceptance of work by the County.
• CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to
the County at the time of execution of this Agreement and certified copies provided if
requested. Each policy certificate shall be endorsed with a provision that not less than thirty
(30) calendar days' written notice shall be provided to the County before any policy or
coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do
business in the State of Florida. If requested by the County Administrator, the insurance
coverage shall be primary insurance with respect to the County,its officials,employees,agents,
Page 3 of 23
and volunteers. Failure of Contractor to comply with the insurance requirements of this section
shall be cause for immediate termination of this Agreement.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, 1100 SIMONTON
STREET, KEY WEST, FLORIDA 33040, MUST BE NAMED AS ADDITIONAL
INSURED ON ALL GENERAL POLICIES REQUIRED BY THIS SECTION.
9. INDEMNIFICATION
The 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.
10. 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
Page 4 of 23
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://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.
11. 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
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terminated. A Bidder is liable for any additional costs incurred by a public agency as a result of
the termination of a contract.
12. 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 Pat ty'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.
13. 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.
14. 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.
15. ATTORNEY'S FEES AND COSTS
The County and Contractor agree that in the event any cause of action or administrative proceeding
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is initiated or defended by any party relative to the enforcement or interpretation of this Agreement,
the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and
out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's
fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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
Page 7 of 23
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.
22. 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.
23. NO SOLICITATION/PAYMENT
The County and Contractor warrant that, in respect to itself,it has neither employed nor retained
any company or person, other than a bona fide employee working solely for it, to solicit or secure
this Agreement and that it has not paid or agreed to pay any person, company, corporation,
individual, or firm, other than a bona fide employee working solely for it, any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award or making
of this Agreement. For the breach or violation of the provision, the Contractor agrees that the
County shall have the right to terminate this Agreement without liability and, at its discretion,to
offset from monies owed, or otherwise recover, the full amount of such fee, commission,
percentage, gift, or consideration.
24. 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.
Page 8 of 23
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.
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
Page 9 of 23
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,
(305) 292-3470.
25. NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County
and the Contractor in this Agreement and the acquisition of any commercial liability insurance
coverage, self-insurance coverage, or local government liability insurance pool coverage shall not
be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered
into by the County be required to contain any provision for waiver.
26. PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules
and pensions and relief, disability, workers' compensation, and other benefits which apply to the
activity of officers, agents, or employees of any public agents or employees of the County, when
performing their respective functions under this Agreement within the territorial limits of the
County shall apply to the same degree and extent to the performance of such functions and duties
of such officers, agents, volunteers, or employees outside the territorial limits of the County.
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 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.
Page 10 of 23
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 Tim Matthews
County Administrator CEO
1100 Simonton Street Tim Matthews Tree & Landscaping Inc.
Key West, FL 33040 160 Florida Ave.
(305) 292-4441 Tavernier, FL 33070
(305) 853-7044
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
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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. NON-DISCRIMINATION/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
Page 12 of 23
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 Il,
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 1I,¶ 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
Page 13 of 23
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 e +.-aeti g 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. SCRUTINIZED COMPANIES
For Contracts of any amount, if the COUNTY determines that the CONSULTANT has submitted
a false certification under Subsection 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 CONSULTANT
written notice and an opportunity to demonstrate the agency's determination of false certification
was in error pursuant to Subsection 287.135(5)(a), Florida Statutes, or (2) maintaining the
Agreement if the conditions of Subsection 287.135(4), Florida Statutes, are met.
For Contracts of $1,000,000 or more, if the COUNTY determines that the CONSULTANT
submitted a false certification under Subsection 287.135(5), Florida Statutes, or if the
CONSULTANT has been placed on the Scrutinized Companies with Activities in the Sudan List,
the Scrutinized Companies with Activities in the Iran Terrorism Sectors List or been engaged in
Page 14 of 23
business operations in Cuba or Syria, the COUNTY shall have the option of(1) terminating the
Agreement after it has given the CONSULTANT written notice and an opportunity to demonstrate
the agency's determination of false certification was in error pursuant to Subsection 287.135(5)(a),
Florida Statutes, or (2) maintaining the Agreement if the conditions of Subsection 287.135(4),
Florida Statutes,are met.
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. 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
12th day of March 2026.
MONROE COUNTY:
Christine Digitally signed by
Christine Hurley
Hurlev Date:2D26.03 ' March 12 2026
_ 18:2D:03-04'O0 �
County Administrator or Designee Date
Christine Hurley
Printed Name
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM
TIM MATTHEWS TREE &LANDSCAPING INC: Di,lullysigned by Kelly Dugan
Kelly Dugan DOart0:2026.02.271037:31
KELLY DUGAN
Signatulre: a, ASST COUNTY ATTORNEY
Name:
Title: � � j
J
Date:
Page 1.5 of 23
ATTACHMENT A
Work Specifications
The following paragraphs describe the scope of work to be provided under this agreement.
PROTECT:
Trimming of mangroves and other vegetation along shoreline that prohibits safe
navigation.
LOCATION:
Site -29011 Bigonia Dr., Big Pine Key, FL 33043 RE# 00266320-000000.
SCOPE OF WORK:
The project is for the trimming of mangroves and other vegetation along the
shorelines on two sides of the property, disposal of vegetative debris, and general
property cleanup, as described below. Mangrove vegetation must be trimmed to the
maximum extent allowable under Florida Mangrove Law. Limbs of native tree species
other than mangroves that extend over the canal must be trimmed back one (1) foot
landward of the canal cut, if possible, without causing harm to the tree. Invasive exotic
trees must be fully removed from the sites by the contractor. Stumps may remain on site
but must be cut as low to the ground as possible and treated with appropriate herbicide
(subject to approval by the County).
Contractor is responsible for all necessary permits, and proper disposal of vegetative
debris resulting from removal; however, palm material (fronds and trunks) and any tree
trunks that are too large for the chipper may be cut into 4-5-foot sections and piled
neatly by the road for pickup by County claw truck, at no additional cost to Contractor.
Contractor must not disturb existing native vegetation on the site beyond what is
required to be trimmed. The site must be left clean and in good condition.
The Contractor must be licensed to perform the work described and must provide a
Certificate of Insurance listing"Monroe County BOCC" and "Monroe County Land
Authority" as additional insured.
Page 16 of 23
LOCATION MAP:
Site is outlined in turquois below.
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Page 17 of 23
ATTACHMENT C
COUNTY .FORMS
NON-COLLUSION AFFIDAVIT
of the city
according to law on my oath,and under penalty of perjury,depose and say that:
t lam 4"re s"
of the firm of
the proposer making the Proposal for the project described in tlie'notice for calling for proposals
for:
and that I executed the said proposal with full authority to do so;
2. The prices in this proposal have been arrived at independently without collusion, consultation,
communication or agreement for the purpose ofrestricting competition,as to any matter relating to
such prices with any other proposer or with any competitor; and
3. Unless otherwise required by law,the prices which have been quoted in this proposal have not been
knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to
proposal.opening, directly or indirectly,to any other proposer or to any competitor; and
4. No attempt has been made or will be made by the proposer to induce any other person,partnership
or corporation to submit, or not to submit, a proposal for the purpose of restricting competition;
and
5. The statca
contained in this afflidavit are true and correct, and made with full knowledge of
said _uts c
2, J
(8)gndure of Pro"p'&'s'er) (Date)
STATTE, OF:
COUNTY OF:
Subscribed and sworn to(or affirmed)before me,by means Of Xphysical presence or 0 online
notarization, on A In v � z1v z (date)
by LLA_�_Jj�A, (name of affiant). Ile/She iZfifkatio
Vg-o-ffiailly n
or has produced (type of identification)as n.
NOTA VUBLTU
(OF A L) My commission expircs:
q P MONICA HANE
Notary Public-State of Florida
Commission#HH 675645
My Comm.Expires Aug 31,2029
Page 18 of 23
LOBBYING AND CONFLICT OF INTERESTCLAUSE
SWORN STATEMENT UNDER ORDINANCE NO.010-1990
MONROE COUNTY,FLORIDA
ETHICS CLAUSE
(Company)
warrants that be/it has not employed, retained or otherwise had act on his/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 Coon
0U officer or employee".
Date:
STATE OF: J
COUNTY OF:
Subscribed and sworn to(or affirmed)before me,by means ofvphysical presence or 0 online
notarization,on A "a, (date)
I
by 44 lel A411tIL'o G (name of affiant). He/She is 1�r—so—nall 1,15f ersonally known to rn
or has produced (type of identification) as identification,
NOT UBIC
P L
KEEMy commission expires:—
�51 00, MONICA HANE
Notary Public-state of Fiorida
Commission#HH 675645
My C�omm.Expires Aug31,2029
Page 19 of 23
DRUG-FREE WORKPIACE FORM
The undersigned vendor in accordance with Florida Statute Section 287.0�87 here-by certifies that:
(Name of Business)
I. Publishes a statement notifying employees that the unlawful manufacture,distribution,dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the
actions that will be taken against employees for violations of such prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3. Gives each employee engaged in,providing the commodities or contractual services that are under
proposal a copy of the statement specified in subsection(1).
4, In the statement specified in subsection(1),notifies tile employees that, as a condition of working
on the commodities or contractual services that are under proposal,the employee will.abide by the
ten-as of the statement and will notify the employer of any conviction or, 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. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, or any employee who is
so convicted.
6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation
of this section.
As the person. authorized to sign the statement, I certify that thig-farm complies fully with the above
requirements.
Propo,%er'-, Signature
Date
STATE OF: T
CO'LNTY OF: 6 -0—
Subscribed and sworn to(or affirmed)before me,by means othysical presence or 0 online
notarization, on '4-", )Z b (date) by e") (name of afflant).
He/She isj)ers6fiaiffy—1,-cn�—awn Aic or has produced (typo of identification)
as ident'
W"
MONO HANE
c Stat"Florida
HH 675645
-1 Notary Public State of Florida
Commission#HH 675645
lxplre,Aug 3 1,2029
my Cmm.Expires Aug 31,202 9 NOTARY PUBLIC
(SEAQt., .. My commission expires-.
Page 20 of 23
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for public
entity crime may not submit a bid on a contract to provide any goods or services to a public entity,may not
submit a bid on a contract with a public entity for the construction or repair of a public building or public
work,i.nay not submit bids 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, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed
on the convicted vendor list." 'K
I ha v c read the above and state that neither 4 4,-P goposer's
narne) nor an)y Affiliate has been placed on the convicted vendor list within the last thirty-sit(36)nioniths.
nature
Date:
STATE OF:
COUNTY OF: —k-6(\
Subscribed and&worn to(or affirmed) before me, by means,ofkhysical presence or El online
notarisation,on ZZ (date)
by I C) (name of afflant). He/She is per
KQ1:1L-1E�kunw—Wio�Ilc
or has produced (type of identification) as i Iptitification,
NOTARY-PUBLIC
HANE My commission expires:,
MONICAN State of Florida
Notary=Public
4 5
6 5645 MY' Commission4HH 7
5
'm Expires
'I ,2029
My Comm,Expires Aug 31,2029
Page 21 of 23
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
Prqject Description(s):
Respondent Vendor Name,
Vendor FEIN: (pb- -U&—I &`,5 4
Vendor's Authorized Representative Name and Title.- fVA0Zv-JCL=n,"
Address: Koo aA,, -,AYx:---
State: Z�
1p: -,".5 1 C�)
Phone Number 1 o1+4 E mail Address:
A C.,
Section 287.1,35, 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 S 1,000,000
or more,that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies
with Activities in the Iran Terrorism Sectors 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 Terrorism Sectors
List,or engaged in business operations in Cuba or Syria,
I understand that pursuant to Section 287.135,Florida Statutes,the submission of a false certification may subject
company to civil penalties, attorney's Fees, and/or costs. I further understand that any contract with the County
may be terminated, at the option of the County, if the company is found to have submitted a false certification
or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or
placed on the Scrutinized Companies with.Activities in Sudan List or the Scrutinized Companies with Activities
in the Iran Terrorism Sectors.1-ist or been engaged in business operations in Cuba or Syria.
Certified By: UrZ-k- f)- ,who is authorized to
sign on behalf of the above referenced company.
Authorized Si"a"t ure:
PrintNamc:-
Title;
Note: The List are available at the following Department of Management Services Site:
orida,cotn/busines's Ir 0 , pvnch���i ended dis 4Lb.nfqLsigle— M
critni
a ILL,m.'..
Page 22 of 23
AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT
FOR LABOR OR SERVICES
............ ...........
Entity/Vendor Name: =1��- -".4
Vendor FEIN:
Vendor's Authorized Representative,-
(Naine and Title)
Address:
..........
City: State.__—------- zip: 0
Phone ErnailAddress:
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,
I. Using or threatening 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, rernoving, confiscating, withholding, or possessing any actual or
purported passport, visa, or other immigration docunicrit, or any other actual or purported
government identification document, of any person;
5. Causing or threating to cause financial harm to any person;
6. l�Tnicing or turfing any person by firaud 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,t certify under penalties of peijury 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 saute.
l
y: who is authorized to signon behaf of the above referenced company,
Authorized Signature-.-
Print N anic:
Tide:
Page 23 of 23