01/19/2005 Contract
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
April 4, 2005
TO:
Timothy McGarry, Director
Growth Management Division
A TTN:
FROM:
Mayra Tezanos
Executive Assistant
Pamela G. Hanr~V
Deputy Clerk .... )-
At the January 19, 2005, Board of County Commissioner's meeting the Board granted
approval and authorized execution of a Contract for Professional Services between Monroe
County and Aquatic Vegetation Control, Inc. to manage and remove exotic plant species along
the Florida Keys Scenic Highway Right-of-Way.
Enclosed is a duplicate original of the above-mentioned for your handling. Should you
have any questions please do not hesitate to contact this office.
cc: County Administrator wlo document
County Attorney
Finance
File /
MONROE COUNTY
CONTRACT FOR PROFES$IONAL SERVICES
PROFESSIONAL SERVICES TO MANAGE REMOVAL OF INVASIVE EXOTIC PLANT
SPECIES ON THE FLORIDA KEYS SCENIC HIGHWAY RIGHT-OF-WAY
THIS CONTRACT is made and entered into this )9 ":!: day of , 2005, by
MONROE COUNTY, a political subdivision of the State of Florid hose dress is the
Marathon Government Center, 2798 Overseas Highway, Marathon, F orida 33050,
hereafter the CLIENT, and Aquatic Vegetation Control Inc., whose address is 6753
Garden Road, Riviera Beach, Florida 33404, hereafter CONTRACTOR.
Section 1. SCOPE OF SERVICES.
The CONTRACTOR shall do, perform and carry out in a professional and proper
manner certain duties as described in the Scope of Services - Exhibit "A" - which is
attached hereto and made a part of this agreement.
Section 2. CLIENT'S RESPONSIBILITIES.
2.1 Provide all best available data and base maps as to the CLIENT's requirements
for Work Assignments. Designate in writing a person with authority to act on the
CLIENT's behalf on all matters concerning the Work Assignment.
2.2 Furnish to the CONTRACTOR all existing plans, studies, reports, and other
available data pertinent to the work, and obtain or provide additional reports and
data as required by the CONTRACTOR. The CONTRACTOR shall be entitled to
use and rely upon such information and services provided by the CLIENT or
others in performing the CONTRACTOR's services,
2.3 Arrange for access to and make all provisions for the CONTRACTOR to enter
upon public and private property as reasonably required, and legally allowed, for
the CONTRACTOR to perform services hereunder. Any obstruction to such
access by private property owners shall not constitute a basis for waiver of any
other required entries on to public and private property, nor shall it provide a
basis for termination of the contract. In the event that such access is so
obstructed, CONTRACTOR and CLIENT shall work together to resolve the
difficulty in a timely manner.
2.4 Perform such other functions as are indicated in Exhibit "A".
Section 3. TIME OF COMPLETION.
The services to be rendered by the CONTRACTOR for each individual work order
request shall be commenced upon written notice from the CLIENT and the work shall
be completed in accordance with the schedule mutually agreed to by the CLIENT and
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CONTRACTOR, unless it shall be modified in a signed document, by the mutual
consent of the CLIENT and CONTRACTOR. Subsequent services shall be performed
in accordance with schedules of performance which shall be mutually agreed to by
CLIENT and CONTRACTOR.
Section 4. COMPENSATION.
4.1 The maximum compensation available to the CONTRACTOR under this
agreement is $60,000.00. The CLIENT agrees to pay the CONTRACTOR
according to the percentages of completion of the work within the Scope
of Service based on progress reports and other documentation to show
the hours expended by each of the CONTRACTOR's staff and the
reimbursable expenses appropriately documented with a 10% retainage
by County until the project is complete. Should there be any reimbursable
expense request and should there be any disagreement on these, any
disagreement regarding which items are reimbursable shall be submitted
to the County Clerk for determination and whose decision shall be final.
4.2 The hourly billing rates of the CONTRACTOR, expected to include virtually
all costs including travel, used in calculating the compensation due are:
Position Rate (In Dollars)
Certified Crew Supervisor $ 53.00 per hour
Trained Crew Member $ 26.00 per hour
Section 5. PAYMENT TO CONTRACTOR.
5.1 Any request for payment must be in a form satisfactory to the County
Clerk (Clerk). The request must describe in detail the services performed
and the payment amount requested. The CONTRACTOR must submit to
the Client Project Manager, who reviews the request, Client Project
Manager shall note their approval on the request and forward it to the
Clerk for payment. If request for payment is not approved, the Project
Manager must inform the CONTRACTOR in a writing that must include an
explanation of the deficiency that caused the disapproval of the request.
5.2 When Clerk receives a request for payment, the Clerk shall pay the
request in the amount approved by the Client Project Manager (within 45
days for nonconstruction services, 20 days for construction services), unless
the Clerk determines a deficiency in the request requires disapproval of
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the request. In that case, the Clerk shall inform the CONTRACTOR of the
disapproval in writing together with an explanation of the deficiency that
caused the Clerk to disapprove the request.
5.3 CONTRACTOR shall submit invoices with progress report of activities on a
monthly or otherwise regular basis until the work under this agreement is
completed.
5.4 If the CLIENT fails to make any payment due to the CONTRACTOR for services
and expenses within forty-five (45) days after the invoice dates, the
CONTRACTOR may, after giving seven (7) days written notice to the CLIENT,
suspend services until the CONTRACTOR has been paid in full all amounts due
for services.
5.5 Continuation of this contract is contingent upon annual appropriation by Monroe
County .
Section 6. CONTRACT TERMINATION.
Either party may terminate this Contract because of the failure of the other party to
perform its obligations under the Contract. If the CLIENT terminates this Contract
because of the CONTRACTOR's failure to perform, then the CLIENT must pay the
CONTRACTOR the amount due for all work satisfactorily completed as determined by
the CLIENT up to the date of the CONTRACTOR's failure to perform but minus any
damages the CLIENT suffered as a result of the CONTRACTOR's failure to perform.
The damage amount must be reduced by the amount saved by the CLIENT as a result
of the Contract termination. If the amount owed the CONTRACTOR by the CLIENT is
not enough to compensate the CLIENT, then the CONTRACTOR is liable for any
additional amount necessary to adequately compensate the CLIENT up to the amount
of the Contract price.
Section 7 . AUTHORIZATION OF WORK ASSIGNMENTS.
7.1 All work assignments beyond or in addition to EXHIBIT "A" shall be
authorized in
a signed document in accordance with the CLIENT's policy prior to any
work being conducted by the CONTRACTOR.
7.2 Additional authorizations may contain additional instructions or provisions
specific to the authorized work for the purpose of clarifying certain
aspects of this
Agreement pertinent to the work to be undertaken. Such supplemental
instruction or provisions shall not be construed as a modification of this
Agreement. Authorizations shall be dated and serially numbered.
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7.3 The CONTRACTOR shall not assign, sublet or transfer any rights under or
interest in (including, but without limitations, moneys that may become
due or moneys that are due) this agreement or subsequent Work
Assignment without the written consent of the CLIENT, except to the extent
that any assignment, subletting, or transfer is mandated by law or the
effect of this limitation may be restricted by law. Unless specifically stated
to the contrary in any written consent to any assignment, no assignment
will release or discharge the assignor from any duty or responsibility under
this agreement.
Section 8. NOTICES.
All notices, requests and authorizations provided for herein shall be in a signed
document and shall be delivered or mailed to the addresses as follows:
To the CLIENT:
Monroe County Board of County Commissioners
c/o Monroe County Growth Management
Division
2798 Overseas Highway, Suite 410
Marathon, Florida 33050
Attention: Division Director
To the CONTRACTOR: Jim Levesque (Division Manager)
A VC, Inc.
127 E Lucy St.
Florida City, FL 33034
or addressed to either party at such other addresses as such party shall
hereinafter furnish to the other party in writing. Each such notice, request, or
authorization shall be deemed to have been duly given when so delivered, or, if
mailed, when deposited in the mails, registered, postage paid.
Section 9. RECORDS.
CONTRACTOR shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Each party to this Agreement or their authorized
representatives shall have reasonable and timely access to such records of each other
party to this Agreement for public records purposes during the term of the Agreement
and for four years following the termination of this Agreement. If an auditor employed
by the CLIENT or Clerk determines that monies paid to CONTRACTOR pursuant to this
Agreement were spent for purposes not authorized by this Agreement, the
CONTRACTOR shall repay the monies together with interest calculated pursuant to
Sec. 55.03, FS, running from the date the monies were paid to CONTRACTOR.
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Section 10. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND
020-1990.
The CONTRACTOR warrants that it has not employed, retained, or otherwise had act
on its behalf any former County officer or employee subject to the prohibition of Section
2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3
of Ordinance No. 020-1990. For breach or violation of this provision, the County, in its
discretion, may 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.
Section 11. CONVICTED VENDOR.
A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not perform
work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under contract
with any public entity, and may not transact business with any publiC entity in excess of
the threshold amount provided in Section 287.017 of the Florida Statutes, for the
Category two for a period of 36 months from the date of being placed on the convicted
vendor list.
Section 12. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES.
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to contracts made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the CLIENT and CONTRACTOR
agree that venue will lie in the appropriate court or before the appropriate administrative
body in Monroe County, Florida.
The CLIENT and CONTRACTOR agree that, in the event of conflicting interpretations
of the terms or a term of this Agreement by or between any of them the issue shall be
submitted to mediation prior to the institution of any other administrative or legal
proceeding.
Section 13. SEVERABILITY.
If any term, covenant, condition or provision of this Agreement (or the application
thereof to any circumstance or person) shall be declared invalid or unenforceable to
any extent by a court of competent jurisdiction, the remaining terms, covenants,
conditions and provisions of this Agreement, shall not be affected thereby; and each
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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 CLIENT and
CONTRACTOR agree to reform the Agreement to replace any stricken provision with a
valid provision that comes as close as possible to the intent of the stricken provision.
Section 14. ATTORNEY'S FEES AND COSTS.
The CLIENT and CONTRACTOR agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as
an award against the non-prevailing party, and shall include attorney's fees, courts
costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation
proceedings initiated and conducted pursuant to this Agreement shall be in accordance
with the Florida Rules of Civil Procedure and usual and customary procedures required
by the circuit court of Monroe County.
Section 15. BINDING EFFECT.
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure
to the benefit of the CLIENT and CONTRACTOR and their respective legal
representatives, successors, and assigns.
Section 16. AUTHORITY.
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and
corporate action, as required by law.
Section 17 . ADJUDICATION OF DISPUTES OR DISAGREEMENTS.
The CLIENT 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 no resolution can be agreed upon within 30 days after the first meet
and confer session, the issue or issues shall be discussed at a public meeting of the
Board of County Commissioners. If the issue or issues are still not resolved to the
satisfaction of the parties, then any party shall have the right to seek such relief or
remedy as may be provided by this Agreement or by Florida law.
Section 18. COOPERATION.
In the event any administrative or legal proceeding is instituted against either party
relating to the formation, execution, performance, or breach of this Agreement, CLIENT
and CONTRACTOR agree to participate, to the extent required by the other party, in all
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proceedings, hearings, processes, meetings, and other activities related to the
substance of this Agreement or provision of the services under this Agreement.
CLIENT and CONTRACTOR specifically agree that no party to this Agreement shall be
required to enter into any arbitration proceedings related to this Agreement.
Section 19. NONDISCRIMINATION.
CLIENT and CONTRACTOR 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. CLIENT or CONTRACTOR agrees to comply with all Federal and Florida
statutes, and all local ordinances, as applicable, relating to nondiscrimination. These
include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (Pl 88-352)
which prohibits discrimination on the basis of race, color 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 handicaps; 4) The Age Discrimination Act of 1975, as amended (42
USC ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The
Drug Abuse Office and Treatment Act of 1972 (Pl 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse
and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (Pl 91-616), as
amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)
The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and
290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent
records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 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. 1201 Note), as maybe amended
from time to time, relating to nondiscrimination on the basis of disability; 10) Any
other nondiscrimination provisions in any Federal or state statutes which may apply to
the parties to, or the subject matter of, this Agreement.
Section 20. COVENANT OF NO INTEREST.
CLIENT and CONTRACTOR covenant that neither presently has any interest, and shall
not acquire any interest, which would conflict in any manner or degree with its
performance under this Agreement, and that only interest of each is to perform and
receive benefits as recited in this Agreement.
Section 21. CODe OF ETHICS.
CLIENT agrees that officers and employees of the CLIENT 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;
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misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
Section 22. NO SOLICITATION/PAYMENT.
The CLIENT 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 CLIENT
shall have the right to terminate this Agreement without liability and, at its discretion, to
offset from monies owed, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
Section 23. PUBLIC ACCESS. The CLIENT and CONTRACTOR shall allow and
permit reasonable access to, and inspection of, all documents. papers, letters or other
materials in its possession or under its control subject to the provisions of Chapter 119,
Florida Statutes, and made or received by the CLIENT and CONTRACTOR in
conjunction with this Agreement; and the CLIENT shall have the right to unilaterally
cancel this Agreement upon violation of this provision by CONTRACTOR.
Section 24. NON-WAIVER OF IMMUNITY.
Notwithstanding he provisions of Sec. 286.28, Florida Statutes. the participation of the
CLIENT 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 CLIENT be required to
contain any provision for waiver.
Section 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 CLIENT, when performing their respective functions under this
Agreement within the territorial limits of the County shall apply to the same degree and
extent to the performance of such functions and duties of such officers, agents,
volunteers, or employees outside the territorial limits of the County.
Section 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
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responsibility imposed upon the entity by law except to the extent of actual and timely
performance thereof by any participating entity, in which case the performance may be
offered in satisfaction of the obligation or responsibility. Further, this Agreement is not
intended to, nor shall it be construed as, authorizing the delegation of the constitutional
or statutory duties of the County, except to the extent permitted by the Florida
constitution, state statute, and case law.
Section 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 CLIENT and the
CONTRACTOR agree that neither the CLIENT nor the CONTRACTOR or any agent,
officer, or employee of either shall have the authority to inform, counsel, or otherwise
indicate that any particular individual or group of individuals, entity or entities, have
entitlements or benefits under this Agreement separate and apart, inferior to, or
superior to the community in general or for the purposes contemplated in this
Agreement.
Section 28. ATTESTATIONS.
CONTRACTOR agrees to execute such documents as the CLIENT may reasonably
require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-
Free Workplace Statement.
Section 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.
Section 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 singing
any such counterpart.
Section 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.
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Section 32. INSURANCE POLICIES.
32.1 General Insurance Requirements for Other Contractors and Subcontractors
As a pre-requisite of the work governed, or the goods supplied under this contract
(including the pre-staging of personnel and material), the CONTRACTOR shall obtain,
at his/her own expense, insurance as specified in any attached schedules, which are
made part of this contract. The CONTRACTOR will ensure that the insurance obtained
will extend protection to all Subcontractor's engaged by the CONTRACTOR. As an
alternative, the CONTRACTOR may require all Subcontractors to obtain insurance
consistent with the attached schedules.
The CONTRACTOR will not be permitted to commence work governed by this contract
(including pre-staging of personnel and material) until satisfactory evidence of the
required insurance has been furnished to the CLIENT as specified below. Delays in the
commencement of work, resulting from the failure of the CONTRACTOR to provide
satisfactory evidence of the required insurance, shall not extend deadlines specified in
this contract and any penalties and failure to perform assessments shall be imposed as
if the work commenced on the specified date and time, except for the CONTRACTOR'S
failure to provide satisfactory evidence.
The CONTRACTOR shall maintain the required insurance throughout the entire term of
this contract and any extensions specified in the attached schedules. Failure to comply
with this provision may result in the immediate suspension of all work until the required
insurance has been reinstated or replaced. Delays in the completion of work resulting
from the failure of the CONTRACTOR to maintain the required insurance shall not
extend deadlines specified in this contract and any penalties and failure to perform
assessments shall be imposed as if the work had not been suspended, except for the
CONTRACTOR'S failure to maintain the required insurance.
The CONTRACTOR shall provide, to the CLIENT, as satisfactory evidence of the
required insurance, either:
. Certificate of Insurance
or
. A Certified copy of the actual insurance policy.
The CLIENT, 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 CLIENT by the insurer.
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The acceptance and/or approval of the CONTRACTOR'S insurance shall not be
construed as relieving the CONTRACTOR from any liability or obligation assumed
under this contract or imposed by law. The Monroe County Board of County
Commissioners, its employees and officials will be included as "Additional Insured" on
all policies, except for Workers' Compensation.
Any deviations from this 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.
32.2 INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN CLIENT AND
CONTRACTOR.
Prior to the commencement of work governed by this contract, the CONTRACTOR shall
obtain General Liability Insurance. Coverage shall be maintained throughout the life of
the contract and include, as a minimum:
. Premises Operations
. Bodily Injury Liability
. Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$500,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$250,000 per Person
$500,000 per Occurrence
$ 50,000 Property Damage
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 shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
32.3 VEHICLE LIABILITY INSURANCE REQUIREMENTS.
Recognizing that the work governed by this contract requires the use of vehicles, the
CONTRACTOR, prior to the commencement of work, shall obtain Vehicle Liability
Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum, liability coverage for:
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. Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSl)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$50,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
32.4 WORKERS' COMPENSATION INSURANCE REQUIREMENTS
Prior to the commencement of work governed by this contract, the CONTRACTOR shall
obtain Workers' Compensation Insurance with limits sufficient to respond to the
applicable state statues.
In addition, the CONTRACTOR shall obtain Employers' Liability Insurance with limits of
not less than:
$500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$500,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact
business in the state of Florida.
If the CONTRACTOR has been approved by the Florida's Department of labor, as an
authorized self-insurer, the CLIENT shall recognize and honor the CONTRACTOR'S
status. The CONTRACTOR may be required to submit a letter of Authorization issued
by the Department of labor and a Certificate of Insurance, providing details on the
CONTRACTOR'S Excess Insurance Program.
If the CONTRACTOR participates in a self-insurance fund, a Certificate of Insurance
will be required. In addition, the CONTRACTOR may be required to submit updated
financial statements from the fund upon request from the County.
32.5 ENGINEERS ERRORS AND OMISSIONS LIABILITY INSURANCE
REQUIREMENTS
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Recognizing that work governed by this contract could include furnishing of engineering
services, the CONTRACTOR shall maintain, throughout the life of the Agreement,
Engineers Errors and Omissions Liability Insurance which will respond to damages
resulting from any claim arising out of performance of professional services or any error
or omission of CONTRACTOR arising out of work governed by this Agreement. The
insurance shall be maintained in force for a period of two years after the date of
Completion of the Services set forth in subparagraph 1 (a). The minimum limits of
liability shall be $250,000 per Occurrence/$500,OOO Aggregate.
Section 33. INDEMNIFY/HOLD HARMLESS.
The CONTRACTOR does hereby consent and agree to indemnify and hold
harmless the County, its Mayor, the Board of County Commissioners, appointed
Boards and Commissions, Officers, and the Employees, and any other agents,
individually and collectively, from all fines, suits, claims, demands, actions, costs,
obligations, attorneys fees, or liability of any kind arising out of the sole negligent
actions of the CONTRACTOR or substantial and unnecessary delay caused by
the willful nonperformance of the CONTRACTOR and shall be solely responsible
and answerable for any and all accidents or injuries to persons or property
arising out of its performance of this contract. The amount and type of
insurance coverage requirements set forth hereunder shall in no way be
construed as limiting the scope of indemnity set forth in this paragraph. The
CLIENT does hereby covenant and agree to indemnify and save harmless the
CONTRACTOR from any fines, suits, claims, demands, actions, costs obligations,
attorney fees, or liability of any kind resulting from a negligent act or omission by
the County, it's Mayor, the Board of County Commissioners, appointed Boards
and Commissions, Officers, and the Employees, and any other agents
individually and collectively under the provisions and up to the limits of liability as
stated in Section 768.28 F .S. Further the CONTRACTOR agrees to defend and
pay all legal costs attendant to acts attributable to the sole negligent act of the
CONTRACTOR.
At all times and for all purposes hereunder, the CONTRACTOR is an independent
contractor and not an employee of the Board of County Commissioners. No
statement contained in this agreement shall be construed so as to find the
CONTRACTOR or any of his/her employees, contractors, servants or agents to be
employees of the Board of County Commissioners for Monroe County. As an
independent contractor the CONTRACTOR shall provide independent,
professional judgment and comply with all federal, state, and local statutes,
ordinances, rules and regulations applicable to the services to be provided.
The CONTRACTOR shall be responsible for the completeness and accuracy of its
work, plan, supporting data, and other documents prepared or compiled under
13 of 18
its obligation for this project, and shall correct at its expense all significant errors
or omissions therein which may be disclosed. The cost of the work necessary to
correct those errors attributable to the CONTRACTOR and any damage incurred
by the CLIENT as a result of additional costs caused by such errors shall be
chargeable to the CONTRACTOR. This provision shall not apply to any maps,
official records, contracts, or other data that may be provided by the County or
other public or semi-public agencies.
The CONTRACTOR agrees that no charges or claims for damages shall be made
by it for any delays or hindrances attributable to the CLIENT during the progress
of any portion of the services specified in this contract. Such delays or
hindrances, if any, shall be compensated for by the County by an extension of
time for a reasonable period for the CONTRACTOR to complete the work
schedule. Such an agreement shall be made between the parties.
IN WITNESS WHEREOF each party hereto has caused this Agreement to be executed
by its duly authorized representative.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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.. eputy Clerk
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Mayor/Chairman
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14 of 18
EXHIBIT "A"
SCOPE OF SERVICES
PROFESSIONAL SERVICES TO MANAGE REMOVAL OF INVASIVE EXOTIC PLANT
SPECIES ON THE FLORIDA KEYS SCENIC HIGHWAY RIGHT-OF-WAY
MONROE COUNTY, FLORIDA
Backaround
The project consists of pulling or cutting all Florida Exotic Pest Plant Council
(FLEPPC)-Iisted species occurring singularly or in small groups (5 or fewer stems or
less than 400 square feet in combined crown cover) within the ROWand
associated properties, followed by herbicide application.
Consultant will coordinate with the Florida Department of Transportation (Right-
of-Way Maintenance) to chip and dispose of all resulting biomass. Cut material
should be stacked in an accessible place with the cut ends facing the same
way to make it easy to feed into the chipper.
Large groups (6 or more stems or more than 400 square feet in combined crown
cover) of FLEPPC-Iisted species will be conspicuously marked with vinyl flagging.
Specific color of flagging will be coordinated with FOOT. When flagging large
patches for treatment, the firm will flag both ends of the patch along the road
and the part of the patch deepest into the ROW away from the highway.
The professional services firm will manage the project including the scheduling,
subcontracting as necessary, labor, monitoring and reporting progress. The
success of the project depends on the thoroughness of invasive exotic removal.
Typically, the ROW includes mowed and unmowed vegetation, ranging from
grasses to large trees, on either side of the highway. Bridge abutments vary in
their dimensions but are all part of the project. Every stretch of ROW has
different species of concern but Brazilian pepper, Australian pine, Asiatic
colubrina, lead tree, seaside mahoe and non-native scaevola are the most
abundant.
Every exotic species listed by Florida EPPC will be either hand-pulled or cut
down and treated with appropriate herbicide. Every effort shall be made to
avoid damage to native vegetation or wildlife. The consultant is responsible for
the initial treatment and removal of all the specified exotic species including
trees, shrubs, vines, herbaceous plants and grasses regardless of the size or
reproductive state of the plant.
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Each cut plant will be cut as low to the ground as possible. A dye shall be used
to facilitate identification of treated stems. Cuts will be made level to the
ground to minimize herbicide runoff prior to absorption. The herbicide will be
applied using a low-pressure spray to minimize drift and non-target damage.
Within one (1) minute of stump preparation an appropriate herbicide will be
applied.
Methods of Treatment
1. Brazilian Pepper and Mayhoe
Brazilian pepper and mayhoe will be treated by hand removing or foliar
spraying seedlings and cutting and stump treating larger individuals. Primary
method for the control of seedlings will be hand removal and disposal.
Secondary treatment methods will consist of foliar spraying dense mats of
seedlings with 1-2% Garlon 4 and adjuvants carried in dyed water.
Saplings and mature individuals will be treated by cutting the trunk near ground
level and immediately treating the stump with a 15% Garton 4 and 3% Stalker
mixture carried in JLB oil. In areas where peppers are growing over standing
water, a 20% solution of the herbicide Renovate may be used in cut stump
applications. Within one (1) minute of stump preparation an appropriate
herbicide will be applied.
2. Australian Pine
Australian pine will be treated by hand removing seedlings and cutting and
stump treating larger individuals. As with Brazilian pepper, the primary method
for the control of saplings and mature trees will consist of cutting the trunk and
treating of the stump with the 15% Garlon 4/3 % Stalker mixture. Within one (1)
minute of stump preparation an appropriate herbicide will be applied.
3. Latherleaf
Latherleaf is a very difficult species to control due to its sprawling growth habit
and multiple root attachments. It will be treated by hand removing seedlings
and cutting and stump treating larger individuals. The primary method for the
control of saplings and mature individuals will be clearing the standing material
for disposal and applying chemicals to the main stump and all secondary
attachments. As with other species, the 15% Garlon 4/ 3% Stalker mixture will be
used.
1 6 of 18
4. Lead Tree
This species will be treated by hand removing seedlings or foliar applications of
3% Garlon 4 and cutting and stump treating larger individuals. All seed heads
will be removed and bagged before disposal. The primary method for control
of saplings and mature individuals will be cutting standing material for disposal
and applying chemicals to the main stump and all Ilsuckering" stems. A 30%
Garlon 4 mixture carried in JLB oil will be used. At least one follow up chemical
applications will be necessary to gain >95% control of stump re-growth.
Transfer station receipts will be provided with reports as proof of compliance
with this requirement.
5. Vines and Groundcover
The primary treatment method for vines will consist of cutting the vine "columns"
at the base of the host trees, balling cut material on the ground, and treating
the ball with the herbicide Glyphosate in a 2-3% solution with the proper
adjuvants added.
Groundcover treatment will be by hand removal or foliar applications of
appropriate herbicides. The two primary herbicide mixtures, depending on
species and density and non-target plant proximity, will be a 5-15% Glyphosate
mixture or a 2-3% Garlon 4 mixture.
Where appropriate "basal bark" treatments on the scattered trees and small
groves as opposed to Ilcut stump" treatment is acceptable.
EauiDment
The consultant will provide all materials for treatment (including herbicide and
adjuvants) and ensure proper disposal of herbicide and adjuvant containers
and will strictly adhere to all herbicide label application, precautionary, and
safety statements.
Qualify Control
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 will be the responsibility of the contractor.
Additional plant treatment or removal and nonplant debris removal may be
added to the project by mutual agreement as field conditions warrant and
1 7 of 18
funds permit. Such agreements for additional work shall be made in writing and
agreed to by signature of both parties.
TImeframe
The project timeframe will be established as agreed upon by the project
manager for the client and contractor and may be adjusted depending on
seasonal conditions.
18 of 18
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THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
PRODUCER
CORDIA-WPB DIVISION
01 S. FLAGLER DR. #600
EST PALM BEACH FL 33401-5914
HN (561) 655-5500
AX (561) 655-5509
COMPANY A NATIONAL UNION FIRE
LETTER
COMPANY B CRUM & FORSTER INDEMNITY CO
LETTER
QUATIC VEGETATION
ONTROL, INC
753 GARDEN RD #109
IVIERA BEACH , FL 33419
COMPANY C LEXINGTON INSURANCE CO
LETTER
COMPANY D COMMERCE & INDUSTRY
LETTER
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.
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE POLICY EXPIRATIO
2897455
DATE (MM/DD/YY) DATE (MMIDD/YY)
04/01/05 04/01/06 GENERAL AGGREGATE $ 2 000 00
PRODUCTS-COMP/OP AGG. $ 1 000 00
PERSONAL & ADV. INJURY $
EACH OCCURRENCE $ 1 000 00
FIRE DAMAGE (Anyone fire) $
ME D.EXP. (Anyone person) $
04/01/05 04/01/06 COMBINED SINGLE
LIMITS
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIABILITY
LIMIT
BODILY INJURY
(per person)
BODILY INJURY
(Per accident)
$ 1 000 00
OMMERCIAL GENERAL L1ABILIT
LAIMS MADE[iJOCCUR.
OWNER'S & CONTRACTOR'S PROTo
EMPLOYMENT BENE
133668945
$
$
PROPERTY DAMAGE
OTHER
~p,
BY
DATE
WAIVER
04/01/06
GENT
DISEASE-POLICY LIMIT
DISEASE-EACH EMPLOYEE $
1397722
04/01/05 04/01/06 EACH OCCURRENCE
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
WORKER'S COMPENSATION
AND
EMPLOYERS' LIABILITY
9681311
ES
DESCRIPTION OF OPERATIONS/L
DITIONAL INSURED W/RESPECTS TO ALL LIABILITY
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
2798 OVERSEAS HIGHWAY
SUITE 410
MARATHON FL 33050
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL .l.O....- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
CERTIFICATE OF LIABILITY INSURANCE
1__ THIS CERTIFICATE Is-issUED FOR INFORMATION PURPOSES ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
i CERTIFICATE OF LIABILITY INSURANCE DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED
L
DATE: (MM/DDIYYYY) 02127/2007
; PRODUCER Marsh USA Inc.
lor BROKER: 600 Corporate Park Drive
St. Louis. MO 63105
Phone: (314) 512-2415
, INSURERS:
A: I Discover Property & Casualty Ins. Co.
--j
I
i
,
I INSURED:
i Aquatic Vegetation Control, Inc. & 'D:
: Enterprise Rent-A-Car Company et al. I
~ 600 Corporate Park Drive IE' I
151. Louis, MO 63105 . I
THE INSURANCE POLICIES LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD LISTED,
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS '
I CERTIFICATE OF LIABILITY INSURANCE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES LISTED BELOW IS
SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGRATE LIMITS SHOWN MAY HAVE BEEN
I REDUCED BY PAID CLAIMS.
COVERAGES:
INSURER TYPE OF INSURANCE
, LETTER
il GENERAL LIABILITY
i I COMMERCIAL GENERAL LIABILITY
Ii CLAIMS MADE
i OCCURENCE
,
I
B:
c:
----1
=
POLICY NUMBER
EFFECTIVE DATE EXPIRATION DATE
LIMITS
i
--1
!
I
I
AUTOMOBILE LIABILITY
o ANY AUTO
o ALL OWNED AUTOS
A, ~ SCHEDULED AUTOS
: i HIRED ALlTOS
': NON-OWNED ALlTOS
I i ~ -See Below
1-1---
I i GARAGE LIABILITY
I I ANY AUTO
, 'I EXCESS L1ABILln
UMBRELLA
I OTHER Than UMBRELLA Fonn
I WORKERS COMPENSATION AND
il EMPLOYERS' LIABILITY
I I
lDESCRIPTION:
D187A00010
222032
3/31/2006 3/31/2007
Combined Single Limit:
Bodily Injury per Person
Bodily Injury per Ace.
i Property Damage:
$1.000,000
,
I
iPolicy provides protection for ANY AND ALL OPERATIONS/JOBS perfonned by the named insured. Certificate holder is an additional insured as their
i interest appears. -Any vehicles leased from Enterprise Fleet Services Where the contract includes auto insurance coverage. Waiver of subrogation
i provided where required by written contract. Insurance is Primay and Non-Contributory.
I
J
GPBR: 41
," CANCELLATION:
I
---i
i
I._____------~-
HOLDER:
Monroe County Board of County Commission...
1100 Simonton Street
Key West, FL 33040
I
SHOULD ANY OF THE ABOVE POLICIES BE CANCELLED BEFORE Tail EXPIRATION i
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS I
I WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND:
l UPON THE INSURER, ITS AGENTS OR REPRESENTATlVES~ 7/: , /, I
VENDOR 10: 25377 ' ~rft( 'J:f1.f1J./ Ii /'
AUTHORIZED EPRESENTATIVE' )
~ Copyright Moonlit Enlerprizes1999, All Rights ReHl'V8d