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Item H2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: January 28. 2009 Division: Growth Management Bulk Item: Yes --X- No Department: Administration Staff Contact PersonlPhone #: Beth Bergh (x 2511) AGENDA ITEM WORDING: Approval of a contract amendment to Contract PL-029 (now # 08150) to change the grantor from Florida Department of Environmental Protection (FDEP) to Florida Fish and Wildlife Conservation Commission (FWC) and to modify the type of grant reimbursement allowed under the contract to include "cost reimbursement". ITEM BACKGROUND: In 2004, Monroe County was awarded a 10 year contract with FDEP that allows the County to receive yearly grant funding from the Bureau of Invasive Plant Management (BIPM) for invasive exotic plant removal on Monroe County conservation lands. The grant funding is issued each fiscal year as task assignments under the contract. Currently, the contract only allows for grant reimbursement on a "fee schedule" or "fixed price" basis. However, the "cost reimbursement" basis is the simplest and most appropriate form of grant reimbursement for County projects. Additionally, the BIPM office has been moved from FDEP to FWC. This contract amendment is to modify the existing contract to include "cost reimbursement" as a basis for payment and to change the grantor from FDEP to the FWC. There are no other proposed changes to the contract. PREVIOUS RELEVANT BOCe ACTION: February 18, 2004 - Approval of 10 year FDEP contract (pL-029) for funding to remove invasive exotic plant species. August 20, 2008 - Approval of a grant task assignment for FY 08-09 grant funding for invasive exotic vegetation removal from Monroe County conservation lands. CONTRACT/AGREEMENT CHANGES: This contract amendment is to modify the existing contract to include "cost reimbursement" as a basis for payment and to change the grantor from FDEP to the FWC. There are no other proposed changes to the contract. STAFF RECOMMENDATIONS: Approval TOTAL COST: NA BUDGETED: Yes _No COST TO COUNTY: NA SOURCE OF FUNDS: REVENUE PRODUCING: Yes No X AMOUNTPERMONTH_ Year APPROVED BY: County Atty 0f3. OMB/Purchasing _ Risk Management_ DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: FDEP (now FWC) Contract#_ PL029 (now 08150) Effective Date: February 18,2004 Expiration Date: February 18,2014 Contract Purpose/Description: Contract amendment is to include "cost reimbursement" as an allowed form of grant reimbursement and to change the grantor from FDEP to Florida Fish and Wildlife Conservation Commission (FWC), No other chanl!es reauired. Contract Manager: Beth Bergh 2511 Growth Management / 11 (Name) (Ext. ) (Department/Stop #) for BOCC meeting on Ian 28,2009 Agenda Deadline: Jan 13,2009 CONTRACT COSTS Total Dollar Value of Contract: $ NA Budgeted? YesO No 0 Account Codes: Grant: $ NA County Match: $ NA Current Year Portion: $ - - - - ------- - - - - ----- - - - --- - - - - ------- ADDITIONAL COSTS Estimated Ongoing Costs: $~yr For: (Not included in dollar value above) (eg. maintenance, utilities,janitorial, salaries, e.tc~)"- CONTRACT REVIEW Changes Dlte In Needed Division Director 1.-1/J7(j 9" YesO No. Risk Manag~ent l\ ~ YesO No~ ~\ /;. OfLB./pur as~g ~."\ Y esO No[] ----r:. , County Attorney /- 1.a~ YesD Nog ~~.A'" ~ Date Out Reviewer t.flJ,4" Comments: OMB Form Revised 2/27/01 MCP #2 FWC Contract No. 08150 (PL029) AMENDMENT NO. 1 THIS AMENDMENT TO CONTRACT is entered into by and between the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION ("COMMISSION"), and MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ("CONTRACTOR"), and amends Contract 08150 (formerly DEP PL029) entered into between the COMMISSION and the CONTRACTOR dated February 18,2004, hereinafter referred to as the tlORIGINAL CONTRACTu. IN CONSIDERATION of the mutual covenants and conditions set forth herein and in the ORIGINAL CONTRACT, the parties agree to amend the ORIGINAL CONTRACT as follows, which amendments shall govern to the exclusion of any provision of the ORIGINAL CONTRACT to the contrary: Paragraph 4.A ofthe ORIGINAL CONTRACT is hereby amended to read as follows: As consideration for the services rendered by the Contractor under the terms of this Contract, the Department shall pay the Contractor on a combination fixed price/cost reimbursement/fee schedule basis as specified in each executed Task Assignment. Travel and incidental expenses are not eligible for reimbursement under this Contract. All provisions of the ORIGINAL CONTRACT not specifically amended herein shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this AMENDMENT TO CONTRACT 08150 on the date and year last written below. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION By: Title: BY:~~ct.-, Executive Director r designee Date: Approved as to form and legality: ~ FWC 'mei~/ FWC CONTRACT No. 08150, Amendment No.1, Page 1 of 1 DEP Contract No. PL029 CONTRAQI THIS CONTRAcT Is ente"'" into between the STATE OF flORIDA DEPARTMENT OF ENIIlRllNMENTAl PROTECTION. whose """....Is 3900 Commonwealth Boulevard. Tallaha..... Ronda 32399-3000 (hereinaller re'erred 10 as the "Department"' and MONROE COUNTY BOARD OF COUNN COMMISSIONERS. whose address Is 1100 $jmonton SIreet. Key Wes~ Aonda. 33040 (hereinaller rere".. to as the "Contracto". a loca' i01mrnment to Pro~de Uplandln,aslve exotic plant control services. In conslde...lion or Ihe mutual benerrts to be cieri'" hererrom. the Department and Contractor do hereby a_ as fOllows: 1. The Department does hoteby reta.. the Cont...ctor to pedorm upland In,...ve e><otlc "'ant COntrol SONic.. on a Task Assignment basis (COP'es or Ihe Task Asslgnment Form and Task Assignment Change Orcler Form a.. attached hereto as _chments A and B. resllOctlve~, as delinad herein and the Conlnlctor does hereb> a_ 10 Perform such s"""cas Upon ... terms and COnditions set lorth in this Con,-. Attachment C (Scope or Services, and all attachmenls and exhibits named herein whiCh are allach.. hereto and incorporated by reference. 2. The Contractor Shall sa.S'actori~ pertorm the services described in each exllCUted Task Assignment and Ta", Assignment Change Order. Any and all equipment. prodUcts. or mal""als necessa'Y to perform this Contract Shall be SUpplied by the Contractor. unless otherwise specified herein. 3. The Conbactor ahall perform as an independent cont....... and not as an agent. ..p....ntative. 01 employee of the Department 4. A. As consideration lor the """ces ren_ by ... Contractor under !he terms 0' this Contract. the Departmenl Shal' pay the Cont..ct'" on a COmbination 'xed pncO/'" schedu'e basis as spedfied In each executed Task AssIgnment. Any authonzed fee Schedule COSts will be identified in the Task Assignment and will re/lect actual COSts to the Contractor. T..."", COSts a.. not eliglbla 'or reimbursement under this Contract. 8. Funding under this Contract shall be authonzed b> and 'or eaCh execuled Task Assignment as ""-' b> the D"'''men~ The Cont...ctor Is not authorized to pedorm any """"cas '" /lUrchase any commOdities that exceed the funding amount alIthor;zed for each Task AsSIgnment. Upon Completion and linal payment or a TaSk AsSignment. any funds ..malnlng 'rom that pamco/ar TaSk Ass'gnmenl shall be unencumbered b> the De"".ment. The Conlractor hereby agrees that the ContractOl or 'Is sUbcontracto.. shall not commence we", on a Task Assignment Until Sa/d Task ....gnmenl has been fully executed by both the Department and the Contractor. . C. The Conl...ctor shall submit In""ooes 10 the De"".ment 'n accordance With Ihe 'n,,,,,,,, sChedule;'...,uency establish.. .n eacl1 Task Ass'gnment. Each 'n""ce shal/ be Submitted 'n deta,1 Sulli~enllor a P..-aUdil and _-audit Iey;OW. The I/na' ,n,o;ce for each task must be SU"""tted no 'ater lhan thirty (30' days ""'o.,;ng the corn"''''on date eSlabllshed '''' each TaSk Ass'gnment. 10 assu"'he availability 0' funding 'or I/na' payment. The Depa.ment shall ha'e !wen\>, (20, bUsiness days to inspect and approve the servIces for payment. O. Upon execution 0' thIS Contract. 'he osrnes understand and agree that the slgnatu.. b'ocks contained 'n Attachments A and B ;dentily the rep..senlat".. lor each enl/\>, w"h Ihe aUlhon\>, to execule Task Ass,gnmentS/Task AsSIgnment Change Orders under thIS Contract. nl="D ,..~_.._.. . 5. This Contract shall begin upOn execution by both parties and remain In effect for ten (10) years, inclUsive. In accordance with Section 287.058(2), Florida Statutes, the Contractor shall not be eligible for reimbursement for services rendered prior to the execution date of this Contract. This Contract may be renewed for an additional term not to exceed three (3) years or the onginal term Of the Contract, whichever periOd is looger. Renewal of this Contract shall be in Writing and subject to the same terms and conditions of this Contract. All renewals are contingent upon satisfactory performance by the Contractor and the availability of funds. 6. The State of Florida's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature. 7. Pursuant to Section 215.422, Florida Statutes, the Department's Contract Manager shall have five (5) working days, unless otherwIse specified herein, to inspect and approve the services for payment; the Department must submit a request for payment to the Flonda Department of Financial Services within twenty (20) days; and the Department of Financial Services is given ten (10) days to issue a warrant. Days are calculated from the latter date the invoice is receiVed or services received, inspected, and approved. Invoice payment requirements do not start until a proper and correct invoice has been received. Invoices which have to be returned to a contractor for cOrrection(s) will result in a delay in the payment A Vendor Ombudsman has been established within the Florida Department of Financial Services who may be contacted if a contractor is experiencing problems in Obtaining timely payment(s) from a State of Florida agency. The Vendor Ombudsman may be contacted at 850/410-9724 or 1-800-848-3792. 8. In aCCOrdance with Section 215.422, Flonda Statutes, the Department shall pay the Contractor, interest at a rate as established by Section 55.03(1), Aorida Statutes 011 the unpaid balance, if a warrant in payment of an Invoice is not issued within forty (40) days after receipt of a correct invoice and receipt, inspection, and approval of the goods and services. Interest payments of less than $1 will not be enforced unless a contractor requests payment The interest rate established pursuant to Section 55.03(1), Florida Statutes may be obtained by calling the Department of Financial Services, Vendor Ombudsman at the telephone number provided above or the Department's Procurement Section at 850/922-5942. 9. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign Immunity or the provisions of Section 768.28, Florida Statutes. 10. A. The Department may terminate this Contract at any time in the event of the failure of the Contractor to fulfill any of Its obligations under this Contract. Prior to termination, the Department sharr prOvide ten (10) calendar days written notice of its intent to terminate and shall provrde the Contractor an opportunity to consult with the Department regarding the reason(s) for termination. B. The Department may terminate this Contract for COnvenience by givIng the Contractor thirty (30) calendar days written notice. If terminated for convenience, the Contractor shall be reImbursed for services satiSfactorily performed up through the date of termination. C. Notice shall be sufficient if delivered personally or by certified mail to the address set forth In paragraph 11. 11. Any and all notices sharr be delivered to the parties at the fOllowing addresses: Laurre McHargue Growth Management Division 2798 Overseas Highway, Suite 400 Marathon, FL 33050 QQnt~l ~.Dartment Greg lubinsky, MS#710 Bureau of Invasive Plant Management Flonda Department of EnVIronmental Protection 3900 Commonwealth 8lvd. Tallahassee. FL 32399-3000 DEP Contract No Pl029. Paee ? nf '" 12. This Contract may be unilaterally canceled by the Department for refusal by the Contractor to allow public access to all documents, papers, letters, or other material made or received by the Contractor In conjunction with this Contract, unless the records are exempt from Section 24(a} of Article I of the State constitution and Section 119.07(1), Florida Statutes. 13. The Contractor shall maintain books, records and documents directly pertinent to performance under thIs Contract in accordance with generally accepted accounting principles consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Contract and for five years following Contract completion. In the event any work is subcontracted, the Contractor shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 14. The Department's Contract Manager is Greg Jubinsky, Environmental Administrator, Telephone number 850/245-2821. The Site Manager's name and telephone number will be designated in each Task Assignment. The Contractor's Contract Manager is Laurie McHargue, Telephone number (305) 852-7112. All matters shall be dIrected to the Contract Managers for appropriate action or disposition. 15. The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor to so/iclt or secure thIs Contract 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 the Contractor any fee, commiSSIon, percentage, gift or other consideration contingent upon or resultIng from the award or making of this Contract 16. The Contractor covenants that it presently has no interest and shall not acquire any interest which would conflict In any manner or degree with the performance of services required. 17. This Contract has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Contract shall be Interpreted in such manner as to be effective and valid under applicable law, but If any provision of this Contract shall be prohibited or invalid under applicable law, such proviSion shall be Ineffective to the extent of such prohibition or invalidity, without invalidating the remaInder of such provision or the remaining provisions of this Contract. Any action hereon or in connection herewith shall be brought In Leon County, Florida. 18. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Contract. shall impair any such rigtlt, POwer or remedy of either party: nor shall such delay or failure be construed as a waiver of any such breach or default. or any similar breach or default thereafter. 19. The Contractor recognizes that the State of Aorkla, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms ofthis Contract. 20. This Contract IS neither intended nor shall it be construed to grant any rights, privileges or interest In any third party without the mutual written agreement of the parties hereto. 21. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of thiS Contract. 8. An entity or affiliate who has been placed on the discnmlnatory vendor list may not submit a bid on a contract to provide 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 bulldmg or public work, may not submit bids on leases of real property to a pUblic entity. may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract With any public entity, and may not transact busmess with any public entIty. The Ronda Department of Management Services is responSible for maIntaining the discriminatory vendor lIst and intends to post the list on Its webslte. Questions regarding the discriminatory vendor list may be directed to the F10nda Department of Management ServIces, Office of Supplier DiverSIty at 850/487.0915. DEP Contract No. Pl029, Page 3 of 5 22. This Contract IS an exclusive contract for services and may not be assigned in whole or In part without the written approval of the Department. 23. A. The Contractor shall not subcontract, assign, or transfer any WOrk under this Contract Without the prior written consent of the Department's Contract Manager. The Contractor agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the Department and agrees to be responsible for the payment of all monies due under any subcontract. It is understOOd and agreed by the Contractor that the Department shall not be liable to any subcontractor for any expenses or liabilities Incurred under the subcontract and that the Contractor shall be solely liable to the subcontractor for all expenses and liabilities Incurred under the subcontract B, The Department of Environmental Protectrc:ili-suppcjrtS-dfversitYfnJtS~procurement program and requests that aU subcontracting opportunities afforded by this Contract embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Aorida. The Department will be glad to furnish a list of minority owned businesses for consideration in subcontracting opportunities. 24. To the extent required by law, the Contractor will be self-insured against, or will secure and maintain during the life of thIs Contract, Workers' Compensation Insurance for all of his employees connected with the WOrk of this project and, in case any work is subcontracted, the Contractor shall reqUire the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. Such self-insurance program or insurance coverage shall comply fully with the Florida WOrkers' CompensatIon law. In case any class of employees engaged in hazardous work under this Contract IS not protected under Workers' Compensation statutes, the Contractor shall provIde, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees not otherwise protected. 25. The Contractor warrants and represents that It .is self-funded for liability insurance, appropriate and allowable under Florida law, and that such self-insurance offers protection applicable to the Contractor's officers, employees, servants and agents while acting within the scope ofthelr employment with the Contractor. 26. The purChase of non-expendable personal property or equipment costing $1,000 or more is not authorized under the terms of this Contract. 27. The Department may at any time, by written order designated to be a change order, make any change in the work within the general scope of this Contract (e.g., specifications, time, method or manner of performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order which causes an increase or decrease in the Contractor's cost or time, excluding Task Assignment Change Orders which modify the cost or bme of the work described in an executed Task Assignment Form issued under the terms of the Contract, shall require formal amendment to this Contract. 28. A person or affiliate who has been placed on the conVIcted vendor list fOllOWing a convictJon for a public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any publiC entity In excess of the threshold amount provided In Section 287.017, F.S., for Category Two, for a period of 36 months from the date of being placed on the convIcted vendor list. 29. The Contractor shall comply with all applicable federal, state and lOCal rules and regulations in prOViding services to the Department under this Contract. The Contractor acknowledges that this requirement Indudes compliance With all apphcable federal, state and local health and safety rules and regulations. The Contractor further agrees to Include thiS proviSion in all subcontracts issued as a result of thIS Contract. 30. ThiS Contract represents the entire agreement of the parties. Any alterations, variations, changes. mOdIfications or waivers of prOVISions of thiS Contract shall onry be valid when they have been reduced to wntlng. duly signed by each of the parties hereto, and attached to the onginal of thiS Contract, unless otherWise prov;ded he'em. DEP Contract No. PL029, Pa/ite 4 of 5 IN WITNESS WHEREOF, the parties have caused this Contract to be duly executed, the day and year last written below. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ~ . (~#'_- By*: _ ~ Title*: Mayor/Chai n Date: February 18~ 2004 Monroe County Growth Management Division 2798 Overseas Highway, Suite 400 Marathon, Aorida 33050 FEID No.: 59-6000749 Ap roved as to form and legality: "-... - *For contracts with governmental boards/commisSions: If someone other than the Chairman Signs this Contract, a resolution, statement or other document authorizing that person to sign the Contract on behalf of the Contractor must accompany the Contract. list of attachments/exhibits Included as part of this Contract: Tvoe Attachment Attachment Attachment Attachment Letter/Number A B C D Descriotion (include number of DaQ:es) Task Assignment Notification Form (1 page) Task AsSignment Change Order Form (1 page) Scope of Services (1 page) Dally Reporting Form (1 page) . ........ ..' REMAINDER OF PAGE INTENTfONALL Y LEFT BLANK \$1:ALJ . ~I c.l&\IO "... L ..""'-,.... . --...---- t:J~, .. .;_ Me;" ...1E C":.! "i"<: ., .....; ! .;";,too=:: o E'OAM: DEP Contract No. PL029, Page 5 of 5 AITACHMENT A TASK ASSIGNMENT NOTIACATlON FORM DEP CONTRACT NO. Pl029 Task ASSIgnment Number: Contractor Name: ContractOl" Contract Manager: Phone #: DEP Contract Manager: DEP Site Manager: Task Description (Use additional sheets if necessary): Phone #: Phone #: Deliverables; Payment ScheduleJlnvoicing Frequency Task Assignment Tenn' Execution of Task Assignment through Task ASSignment Type: Amount Not To Exceed: Fixed Price $ $ Fee Schedule TOTAL TASK ASSIGNMENT VALUE FUNDING INFORMATION: $ Ora. Code 137 137 137 137 CONTRACTOR IE.O. lObiect Code/Module 1--1 I I-I I '--I I I I I lSoecial Cateaorvl Proiect # I I I I I I I I IYear I 1 I I IAmount 1$ IS 1$ IS FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Contract Manager Date DEP Contract Manager Date Reviewing Authority Date Funding Authority Dale DEP Site Manager Dale cc' Gwenn Godfrey, Contracts Office (MS93) Bureau of Finance & Accounting (MS?8) - 2 copies DEP Contract No. PL029. Attachment A, Page 1 of 1 ATIACHMENT B TASK ASSIGNMENT CHANGE ORDER FORM OEP CONTRACT NO. PL029 Task Assignment Number: Contractor Name: Change Order #: Contractor Contract Manager: DEP Contract Manager: DEP Site Manager: Descrfpllon of Change (Use additional sheets if necessary): Phone #: Phone #: Phone #: Item Fixed Price CHANGE IN TASK AMOUNT Fee Schedule _ Total Original task amount: Task amount prior to this change order: Netlncneas~d~ase in task amount: TaSk amounl with all change orders: CHANGE IN TASK TIME Original task completion date: Completion date prior to this change: Net increase/decrease in task period: Completion date with all change orders: Change In Funding Information: Ora. Code 137 137 137 137 CONTRACTOR IE.O. IObied Code IModule I / I I f 1 r I I I_I I ISDeCial Catenoryl J Proiect Il lYear I I I , IAmount 1$ IS IS IS f j I I FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Contract Manager Date Date DEP Contract Manager Reviewing Authority Date Funding Authority Date c(;: Gwenn Godfrey, Contracts Office (MS93) Bureau of Finance & Accounting (MS78) - 2 copies Date DEP Site Manager DEP Contract No. PL029. Attachment B, Page 1 of 1 ATTACHMENT C SCOPE OF SERVICES The work to be performed consists of the Contractor furnishing all labor, equipment, and herbicides as described hereIn for the control of invasive upland exotic plants on public conservation lands within their jurIsdictIon. The Contractor shall be directed by the Site Manager per the task assignment to perform upland invasive exotic plant control operations. The location of work sites and the upland exotic plant control operations to be performed will be SpecifJed by the Department of Environmental Protection'S Upland Invasive Exotic Plant Program M~nager (Contract Manager) in the task assignment. The Contractor shall at all tImes provide on-site a grouncl crew supervisor that Is certified by the Florida Department of Agriculture and Consumer Services as part Of the work force. Ground crew supervisors will be responsible for. 1) coordination with program site manager on a daily/weekly basis; 2) all control activities ancl safety on project sites; 3) assuring that all contract crews are knowledgeable of, and remain withIn property and treatment boundaries; 4) assuring appropriate herbicide labels, Material Safety Data Sheets (MSDS), and a copy Of the fully executed task assignment with maps are on site; 5) aVOid damage to native vegetation and Wildlife; and 6) strict adherence to all herbicide label applicatIon, precautionary, and safety statements. For herbicidal control operatIons, the ground crew supervisor shall be cert/fied by the Florida Department Of AgriCUlture and Consumer Services In the Forestry, Right-of- Way, or AquatIcs category. All ground crew supervisors shall obtain certIfication In the Natural Areas category within six months of contract execution. The Contractor will be responsible for providing applicators with all supplies and equipment for upland invasive exotic plant control, including vehicles, watercraft for transportation to work sites, GPS equipment for collecting sIte POsitions, herbicIdes and adjuvants, sprayers, machetes, hand tools, chainsaws, brush cutters, safety eqUipment. potable water, and suitable communications capability to facilitate operational coordination and safety of crew members. The Contractor shall be responsible for obtaining all permits related to the control and disposal of targeted vegetation unless otherwise noted in the Task Assignment The Contractor shall provide the Department, at the conclusion of each Task Assignment, a written record of: (a) total gallons/lbs of herbiCIdes and adjuvants applied, (b) total number of IndIviduals and types of upland invasive exotic plants treated, (c) total hours of operating time, (d) total hours of lay time, (e) total hours of adverse weather lOst time, (f) wind data measurements as applicable under the Florida Pesticide Law and Rules. This Information shall be submitted to the Department on Daily Reporting Form, attached hereto and made a part hereof as Attachment D. One hundred percent (100%) of target vegetation identified in approved scopes of work shall be controlled to prevent re-sproutmg. If 95% kill rate is not achieved In any assigned treatment zone(s) of the prOject after two months forrowing project completion; the Contractor shall be responsible for one additIonal thorough re-treatment of the target species listed In the Task Assignment. This retreatment will be the responsiblhty of the Contractor at no cost to the Department. REMAINDER OF PAGE INTENTIONALLY LEFT BlANK DEP Contract No. PL029. Attachment C. Page 1 of 1 , ~ ATTACHMENT 0 DE? DAilY PROGRESS REPORT FOR INVASIVE PLANT CONTROL DATE PROJECT NAME DEP CONTRACT NUMBER PROJECT NUMBER List each applicatolS first and last names, the time they started and ended and the total hours worked for each applicator and the total hours worked for a n applicators. For mechanical control list all emp/ajees involved. Supervisors, please document Restricted Pesticide Certification Number after name. Time Time Appiicator Name Hours Time Time- AppliCator Name Hours In nut WOfkP.rl In Old" WnrkP.rl Supervisor FDACS it -- --- --- - -_.- T___.___T__'_ _ _._.__..__.__.___._ ~--- - --. - -- -- -- - -------- _.-----'.~_._-- -- TOTAl SUPERVISOR HOURS TOTAL CREW HOURS TOTAl EQUIPMENT OPERATOR List the name of each plant controlled (AustrBlian Pine, Blillillan Pepper) 1he control method (cut stump, basal bark, mechanical), the total number of planlS controlled (or area where appropriate), the herbicide and adjuvants used, the /ates and total quantity used of spray mix, herbicide concentrate, and adjuvants in gallons. Name of Plant Control t# Plants Herbicide Used Rate ~uvanV Rate Gallons Controlled Method Controlled 011 -Mix .'H;;h Acb. Equipment Use: List an equipment used (chain saws, chippers, boats, ATV's, hea\/)' equipment, etc.) Item Use Quantity Item Use Quantity Weather Conditions: o Sunny 0 C/oudyO Rain r start Time Duration W"ind Speed Temperature Other: COMMENTS: I hereby knowledge that the data presented in this form is accurate. Contractor. DEP Representative: (Site Manager) DEP Contract No. PL029, Attachment D, Page 1 of 1