02/18/2004 Contract
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
March 23,2004
TO:
Timothy McGarry, Director
Growth Management Division
FROM:
Mayra Tezanos
Executive Assistant
Pamela G. Hanc~
Deputy Clerk LY
ATTN:
At the February 18, 2004, Board of County Commissioner's meeting the Board granted
approval and authorized execution ofDEP Contract No. PL029 between Monroe County and the
State of Florida Department of Environmental Protection to eradicate invasive exotic plants from
County conservation lands.
Enclosed is a duplicate original of the above-mentioned for your handling. Should you
have any questions please do not hesitate to contact our office.
cc: County Administrator wlo document
County Attorney
Finance
File t/
DEP Contract No. PL029
CONTRACT
THIS CONTRACT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION,
whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter referred to as the
"Department") and MONROE COUNlY BOARD OF COUNlY COMMISSIONERS, whose address is 1100 Simonton Street,
Key West, Florida, 33040 (hereinafter referred to as the "Contractor"), a local government, to provide upland invasive
exotic plant control services.
In consideration of the mutual benefits to be derived herefrom, the Department and Contractor do hereby agree
as follows:
1. The Department does hereby retain the Contractor to perform upland invasive exotic plant control services
on a Task Assignment basis (copies of the Task Assignment Form and Task Assignment Change Order
Form are attached hereto as Attachments A and B, respectively) as defined herein and the Contractor does
hereby agree to perform such services upon the terms and conditions set forth in this Contract,
Attachment C (Scope of Services) and all attachments and exhibits named herein which are attached
hereto and incorporated by reference.
2. The Contractor shall satisfactorily perform the services described in each executed Task Assignment and
Task Assignment Change Order. Any and all equipment, products, or materials necessary to perform this
Contract shall be supplied by the Contractor, unless otherwise specified herein.
3. The Contractor shall perform as an independent contractor and not as an agent, representative, or
employee of the Department.
4. A. 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/fee schedule basis as specified in
each executed Task Assignment. Any authorized fee schedule costs will be identified in the Task
Assignment and will reflect actual costs to the Contractor. Travel costs are not eligible for
reimbursement under this Contract.
B. Funding under this Contract shall be authorized by and for each executed Task Assignment as issued
by the Department. The Contractor is not authorized to perform any services or purchase any
commodities that exceed the funding amount authorized for each Task Assignment. Upon completion
and final payment of a Task Assignment, any funds remaining from that particular Task Assignment
shall be unencumbered by the Department. The Contractor hereby agrees that the Contractor or its
subcontractors shall not commence work on a Task Assignment until said Task Assignment has been
fully executed by both the Department and the Contractor.
C. The Contractor shall submit invoices to the Department in accordance with the invoice
schedule/frequency established in each Task Assignment. Each invoice shall be submitted in detail
sufficient for a pre-audit and post-audit review. The final invoice for each task must be submitted no
later than thirty (30) days following the completion date established for each Task Assignment, to
assure the availability of funding for final payment. The Department shall have twenty (20) business
days to inspect and approve the services for payment.
D. Upon execution of this Contract, the parties understand and agree that the signature blocks contained
in Attachments A and B identify the representatives for each entity with the authority to execute Task
Assignments/Task Assignment Change Orders under this Contract.
DEP Contract No. PL029, Page 1 of 5
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 original term of the Contract, whichever
period is longer. 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 Florida 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, Florida Statutes, the Department shall pay the Contractor, interest at
a rate as established by Section 55.03(1), Florida Statutes on 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 shall provide ten
(10) calendar days written notice of its intent to terminate and shall provide 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 shall be delivered to the parties at the following addresses:
Contractor
Deoartment
Greg Jubinsky, MS#710
Bureau of Invasive Plant Management
Florida Department of Environmental Protection
3900 Commonwealth Blvd.
Tallahassee, FL 32399-3000
Laurie McHargue
Growth Management Division
2798 Overseas Highway, Suite 400
Marathon, FL 33050
DEP Contract No. PL029, Page 2 of 5
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 solicit 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 right, 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 Florida, by virtue of its sovereignty, is not required to pay any
taxes on the services or goods purchased under the terms of this 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.
B. An entity or affiliate who has been placed on the discriminatory 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 building 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
business with any public entity. The Florida Department of Management Services is responsible for
maintaining the discriminatory vendor list and intends to post the list on its website. Questions
regarding the discriminatory vendor list may be directed to the Florida 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 Protection supports diversity in its procurement program and
requests that all 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 Florida. 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 of their 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 time 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 conviction 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 includes
compliance with all applicable 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 only be valid when they have been reduced to
writing, duly signed by each of the parties hereto, and attached to the original of this Contract, unless
otherwise provided herein.
DEP Contract No. PL029, Page 4 of 5
IN WITNESS WHEREOF, the parties have caused this Contract to be duly executed, the day and year last written
below.
Date:
February 18, 2004
MONROE COUNlY BOARD OF
COUNlY COMMISSIONERS
By*:
Title*:
~(~
Mayor/Chairman
Monroe County Growth Management Division
2798 OverseasHighway, Suite 400
Marathon, Florida 33050
G
FEID No.:
59-6000749
Approved as to form and legality:
~A.lil"" i ~
DEP ttorney
*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:
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A Task Assignment Notification Form (1 page) ;;t" :l>- ::a: rrl
B Task Assignment Change Order Form (1 page) ;:::a:;..,z > 0
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C Scope of Services (1 page) N ""T1
D Daily Reporting Form (1 page) gn: w Q
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DEP Contract No. PL029, Page 5 of 5
ATTACHMENT A
TASK ASSIGNMENT NOTIFICATION FORM
DEP CONTRACT NO. PL029
Task Assignment Number:
Contractor Name:
Contractor Contract Manager:
Phone #:
DEP Contract Manager:
DEP Site Manager:
Phone #:
Phone #:
Task Description (Use additional sheets if necessary):
Deliverables:
Payment Schedulellnvoicing Frequency
Task Assignment Term: Execution of Task Assignment through
Task Assignment Type:
Amount Not To Exceed:
Fee Schedule
$
$
Fixed Price
TOTAL TASK ASSIGNMENT VALUE
$
FUNDING INFORMATION:
Ora. Code
137
137
137
137
CONTRACTOR
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FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
Contract Manager
Date
DEP Contract Manager
Date
Reviewing Authority
Date
Funding Authority
Date
DEP Site Manager
Date
cc: Gwenn Godfrey, Contracts Office (MS93)
Bureau of Finance & Accounting (MS78) - 2 copies
DEP Contract No. PL029, Attachment A, Page 1 of 1
ATTACHMENT B
TASK ASSIGNMENT CHANGE ORDER FORM
DEP CONTRACT NO. PL029
Task Assignment Number:
Change Order #:
Contractor Name:
Contractor Contract Manager:
Phone #:
DEP Contract Manager:
DEP Site Manager:
Phone #:
Phone #:
Description of Change (Use additional sheets if necessary):
CHANGE IN TASK AMOUNT
Item
Fixed Price
Fee
Schedule
Total
Original task amount:
Task amount prior to
this change order:
Net increase/decrease
in task amount:
Task amount 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:
ISpecial Cateaorvl
1
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1$
1$
1$
1$
Ora. Code
137
137
137
137
CONTRACTOR
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FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
Contract Manager
Date
DEP Contract Manager
Date
Reviewing Authority
Date
Funding Authority
Date
DEP Site Manager
Date
cc: Gwenn Godfrey, Contracts Office (MS93)
Bureau of Finance & Accounting (MS78) - 2 copies
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 specified
by the Department of Environmental Protection's Upland Invasive Exotic Plant Program Manager (Contract Manager) in
the task assignment.
The Contractor shall at all times provide on-site a ground 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 and 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 certified 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-sprouting. If 95% kill rate is not achieved in any assigned treatment zone(s) of the project after two months following
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 responsibility 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 D
DEP DAILY PROGRESS REPORT FOR INVASIVE PLANT CONTROL
DATE
PROJECT NAME
DEP CONTRACT NUMBER
PROJECT NUMBER
List each applicators first and last names, the time they started and ended and the total hours worked for each applicator and the total hours worked for
all applicators. For mechanical control list all employees involved. Supervisors, please document Restricted Pesticide Certification Number after name.
Time Time Applicator Name Hours Time Time Applicator Name Hours
In Out Wnrkp.o In Out WnrkP.l'l
Supervisor
FDACS #
TOTAL SUPERVISOR HOURS
TOTAL CREW HOURS
TOTAL EQUIPMENT OPERATOR
List the name of each plant controlled (Australian Pine, Brazilian Pepper) the control method (cut stump, basal bark, mechanical), the total number of
plants controlled (or area where appropriate), the herbicide and adjuvants used, the rates and total quantity used of spray mix, herbicide concentrate,
and adjuvants in gallons.
Name of Plant Control :# Plants Herbicide Used Rate AdjuvanV Rate Gallons
Controlled Method Controlled Oil Mix I Herb. Adi.
Equipment Use: List all equipment used (chain saws, chippers, boats, ATV's, heavy equipment, etc.)
Item
Use Quantity
Item
Use Quantity
Weather Conditions:
o Sunny 0 CloudyD Rain {Start Time
Duration
Wind 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