2013-2014 FK-119 07/17/2013 oft
SAMY IIEAVILIN, CPA
s CLERK OF CIRCUIT COURT & COMPTROLLER
-a* ; I y3' MONROE COUNTY,FLORIDA
F 1
Hl 400
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DATE: August 15, 2013
TO: Christine Hurley, Director
Growth Management Division
ATTN: Mayra Tezanos
Executive Assistant
FROM: Villa Fernandez, D.C.
At the July 17, 2013, Board of County Commissioner's meeting the Board granted approval and
authorized execution of the following items:
Item HI✓ Grant task assignment with Florida Fish& Wildlife Conservation Commission (FFWCC)
to receive a $50,000 grant for the removal of invasive exotic plants from conservation lands that are
owned or managed by Monroe County.
Item H2 V Grant task assignment with Florida Fish& Wildlife Conservation Commission(FFWCC)
to receive a $75,000 grant that will allow the County to continue employing part-time, temporary
invasive exotic plant control technicians to treat invasive exotic plants on conservation lands that are
owned or managed by Monroe County.
Item H4 ✓ Inter-Local Agreement (ILA) between Monroe County and the City of Marathon (City)
reimbursing the City in an amount up to $25,000 from Boating Improvement Funds(BIF) for costs to be
incurred by the City during FY'14 for improvements to the Dodge Lake boat ramp.
Item H I0 ✓ Amendment No. 2 to the Agreement between Monroe County (County) and Pumpout
USA, Inc. (Contractor) for Keys Wide Mobile Vessel Pumpout Service, continuing to provide quarterly
payments,but deleting the required monthly and quarterly pumpout quota and associated per unit
pumpout price, providing for a slip for the Contractor's pumpout boat at the Murray Nelson Government
Center in Key Largo, and providing for evaluation of the Contractor's performance in January,2014.
Item R2 Ordinance amending Monroe County Code (MCC) Section 130-160 pertaining to
�a5 transferable development rights (TDR's)by revising the provisions of the section to be consistent with
Monroe County Comprehensive Plan(CP) Policy 101.13.4. (Copy sent via email 8/15/2013)
500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fax:305-295-3663
3117 Overseas Highway,Marathon, FL 33050 Phone:305-289-6027 Fax:305-289-6025
88820 Overseas Highway, Plantation Key,FL 33070 Phone:852-7145 Fax:305-852-7146
r Item R4 � County Ordinance amending Monroe County Code, Chapter 6, Section 6-23 clarifying the
definition of normal maintenance or ordinary minor repair work; amending Monroe County Code,
Chapter 6, Section 6-100(a) increasing the dollar amount of the building permit exception for minor
repairs from the current amount of$1,000 to $2,500; clarifying the applicability and limitations of this
section;clarifying the exception for work in areas subject to floodplain management requirements;
removing tool sheds from the listed exceptions with an effective date of July 1, 2013; and removing
shutters from the listed exceptions. (Copy sent via email 8/15/13)
"`WWWW
,.f Item R5 County Ordinance amending Monroe County Code, Chapter 6, Section 6-237(a)(1)
clarifying the method in which a contractor's Certificate of Competency may be obtained; and providing
deadlines for an applicant to take and pass all required examinations (s) for his/her desired discipline.
(Copy sent via email 8/15/13)
QU Item R6 V County Ordinance amending Monroe County Code, Chapter 6, Sections 6-240(a); 6-
240(b)and 6-242 clarifying the powers and the duties of the Contractors' Examining Board(CEB)
regarding license renewals and reinstatement of lapsed Certificates of Competency;providing for a grace
period and late renewal penalty. There was no public input. (Copy sent via email 8/15/13)
Enclosed is an original for each of the above-mentioned for your handling. Should you have any
questions,please feel free to contact our office.
cc: County Attorney
Finance
File
500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fox:305-295-3663
3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fox:305-289-6025
88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fax:305-852-7146
TASK ASSIGNMENT NOTIFICATION FORM
FWC CONTRACT NO.08150
Task Assignment Number: FK-119 Date: July 1,2013
Contractor Name:Monroe County FWC Contract Manager:Ruark Cleary 850.617.9427
Contractor's Contract Manager:Elizabeth Bergh 305.289.2511 FWC Site Manager: Dennis Giardina 239.229.5403
Project Title: Monroe Conservation Lands Contracted Exotic Removal 2013/14 PID#: 97849391000
Task Description and Payment Schedule: Exhibit 1 describes the scope of work for this project. The Contractor is not authorized to
perform work on any additional sites until such time as the FWC and the Contractor have fully executed a Change Order for said
additional work. Any work performed by the Contractor contrary to this Task Assignment shall be at the Contractors expense. The
contractor is allowed to subcontract.
Task Assignment Conditions and Deliverables:
1. Control is defined as treatment effective in preventing re-sprout of treated target vegetation.
2. If 95% kill rate is not achieved for any area of the project after two months following project completion, one additional
thorough treatment of the plant will be the responsibility of the contractor at no cost to the contracting entities.
3. The Contractor shall notify the designated site manager prior to entering the work-site.
4. The Contractor shall provide written notification to the Contract Manager upon completion of treatment event(s).
5. Upon Site Manager approval,the Contractor is authorized to control incidental occurrences of any current EPPC category one or
category two invasive exotic plant species encountered within the Project Site(s). Costs for these control operations shall not exceed
the established Task Assignment amount,and must not jeopardize the Contractor's ability to achieve the required level of control for
the primary target species. It is the responsibility of the Contractor to determine that all control operations do not exceed the
established Task Assignment amount.
Task Assignment Start Date: Upon execution Final Treatment Completion Date: June 21,2014
Task Assignment Type: Amount Not To Exceed:
N T
Fixed Price $50.000.00 - e
Total Task Assignment Value $50,000.00 —` c O
cD
Funding Information: '- tp
Ora.Code IE.O. 'Oblect Code IFund 'Spec.Cat !Project# 1Year !Amount m• m
177358090200 102 1139940 I I102334 I FK-119 I13-14 I$50,Q00D0
I$ .. c)
N 0MONROE C UNITY FLORIDA FISH AND WILDLIFE se
CONSERVATION COMMISSION
Y� -7/1 ei / 13 Q cia.417, L CR=. 444/3
ontra t Manager Date Ruark Cleary,Contract M ger Date
t-Aireeler- Date a 4 �4G
Mayor Muhroe COUP*, Cost Center Admi istrator ate
MONROECOUNTY
S TO FORM YOrFORMEY Section Leader Date
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'(Hs'A'AGIN Division Date
cc: Contracts Ld t I
Contracts ai i y4 �e
DEFL ry CLERK N.
,M ' tract No.08150,Task Assignment No.FK-119,Page 1 of 2
•
TASK ASSIGNMENT RESPONSIBILITIES
RESPONSIBILITIES OF THE CONTRACTOR:
I. Upon full execution of the Task Assignment,the Contractor will coordinate with the FWC Site Manager to establish a mutually
agreeable work schedule;
2. A Ground Crew Supervisor,employed by the Contractor,will be present at all times when work on the site is underway;
3. Ground Crew Supervisors will be responsible for all control activities and safety on project sites.The Ground Crew Supervisor
will assure contract crews are knowledgeable of,and remain within property and treatment boundaries. Every effort shall be
made by the Contractor to avoid damage to native vegetation and wildlife;
4. Ground Crew Supervisors will be pesticide applicators possessing current certification by the Florida Department of Agriculture
and Consumer Services(FDACS)in the Forestry or Right-of-Way categories. A copy of each supervisor's FDACS certification
will be provided to the FWC Site Manager prior to initiation of on-site supervisory duties;
5, The Ground Crew Supervisor may supervise a maximum of eight(8)field employees at any given time,unless otherwise noted
in the Task Assignment;
6. The Ground Crew Supervisor shall be responsible for the collection,recording,and timely submission of all data and reports
required. At weekly intervals and at the completion of initial treatments and site reassessment,a complete report will be
submitted to the Site Manager detailing sites treated,number and size of plants killed,and type of treatment used.This data will
be recorded on the FWC"Daily Progress Report Form";
7. The Contractor will strictly adhere to all herbicide label application,precautionary,and safety statements;
8. All control efforts(except cogon grass treatment)shall be at least 95%effective in preventing re-sprout of treated target
vegetation.If 95%kill rate is not achieved for any area of the project after two months following project completion,one
additional thorough treatment of the plant species listed under"Project Goals"in the project area will be the responsibility of the
Contractor at no cost to the FWC;
9, Cogon grass treatments shall be 100%effective in killing above ground portions(top kill) of target vegetation.If 100%top kill
rate is not achieved for any area of the project after 30 days following project completion,one additional thorough treatment of
the plant species listed under"Project Goals"in the project area will be the responsibility of the Contractor at no cost to the
FWC;
10. The Contractor shall forward an original invoice along with all corresponding Daily Progress Report Forms,completed and
approved,to FWC Invasive Plant Management,3800 Commonwealth Boulevard,MS 705,Tallahassee,Florida 32399-3000
within ten(10)working days of work completion.
I I. RESPONSIBILITIES OF THE FWC SITE MANAGER:
12, The Site Manager reserves the right to inspect,at any time,the Contractor's procedure,spray system(s),spray solution(s),and
other ancillary equipment,and to approve operating personnel. Inspection,however,will not relieve the Contractor of any
obligations or responsibilities nor will it transfer any liability to the lands listed under"Project location";
13. No additional work can be added to this Task Assignment without a fully executed Change Order. Additional work includes
additional treatment areas or change in treatment methodology;
14. The site management agency authorizes FWC Invasive Plant Management staff to approve invoice payments of all funds
encumbered under this Task Assignment. Payment will be approved only for that work approved by the Site Manager. A copy
of the approved invoice will be forwarded to the site management agency.
FWC Contract No.08150,Task Assignment No.FK-119,Page 2 of 2
Project: Monroe County Conservation Lands
Contracted Exotic Removal 2013-14
Working Group: Florida Keys Invasive Exotics Task Force
Agency: Monroe County, Florida
Agency Contact: Beth Bergh
Monroe County Land Steward
2796 Overseas Hwy,Suite 400
Marathon, FL 33050
Phone: 305-289-2511
Email: bergh-beth@monroecountv-fl.gov
Method of Control: Contractual (Monroe County to hire contractor)
Cost Reimbursement
Project Goal: Removal of invasive exotic vegetation from Monroe County conservation
lands. Target species include Brazilian pepper (Schinus terebinthifoiius), Australian pine
(Casuarina spp), and seaside mahoe(Thespesia populnea). The project will be the initial
treatment of selected sites adjacent to existing maintenance sites.
SCOPE OF WORK
Project Location: Monroe County conservation lands are located throughout the
Florida Keys from Key West to Key Largo, with the majority of the lands located
in the Lower Keys (south of the Seven Mile Bridge) and in Key Largo. These
lands are either owned by Monroe County or owned by the State of Florida and
managed by the County through a management lease. There are approximately
3,790 parcels and 1,669 acres of Monroe County conservation lands. Most
individual parcels are only 0.1 acre in size, but many are contiguous and
combine to form much larger management units. The current project includes
work on Summerland Key, Ramrod Key, Big Pine Key and Key Largo.
Project Description: The proposed project will build on the success of the last
eight years of invasive exotic removal work on Monroe County conservation
lands by enabling the County to hire contractors to remove Category I and II
invasive plant species. The project will remove stands of invasive exotic
vegetation that are either too large or located too close to improvements (such as
power lines, roads and buildings) to be safely removed by the County's Land
Steward and the Invasive Exotic Plant Removal Crew. The proposed sites are
within management units that have had extensive exotic removal work in recent
Monroe County Page 1 of 7
Contracted Exotic Removal 2013-14
years on lands adjacent to the proposed sites. These adjacent County lands are
currently in the maintenance phase. As with all Monroe County managed lands,
once the initial treatment is completed, the site will be maintained by the Monroe
County Invasive Exotic Plant Removal Crew.
Additionally, the IPM funding will be used to leverage restoration funds
available from the Monroe County Environmental Land Management and
Restoration Fund (MCELMR). The MCELMR funds will continue to be utilized
for invasive exotic removal, site cleanup, native plantings and other restoration
efforts.
Natural Communities: The contracted removal will focus on the following
units:
Note: the "parcels"column indicates the total number of parcels within that unit, not
the number to be treated
UNIT KEY PARCELS ACRES NATURAL COMMUNITY
5 Summ 94 39 Hardwood hammock,
buttonwood / saltmarsh, scrub
mangrove
6 Ramrod 232 36 Hardwood hammock,
buttonwood / saltmarsh, scrub
mangrove, mangrove
12 Big Pine 352 68 Hardwood hammock, pine
rockland, buttonwood /
saltmarsh
16 Largo 241 29 Hardwood hammock,
buttonwood / saltmarsh
Adjacent Natural Areas:
UNIT KEY Adjacent
Natural Areas
5 Summerland NA
6 Ramrod FWC-WEA
_ 12 Big Pine USFWS
Refuge
16 Largo NA
These areas provide habitat and resources for a myriad of wildlife, including
resident and migratory birds, and endemic plant species. The non-native plants
that invade these areas decrease habitat value and lower biodiversity. Just a few
of the state and federally listed endangered and threatened species of animals
and plants that potentially utilize these habitats include: white-crowned pigeon
Monroe County Page 2 of 7
Contracted Exotic Removal 2013-14
(Columba leucocephala), Key deer (Odocoileus virginianus clavium), Lower Keys
marsh rabbit (Sylvilagus palustris hefneri), Schaus swallowtail butterfly (Heraclides
aristodemis ponceanus), Bartram's hairstreak butterfly (Strymon acis bartrami),
eastern indigo snake (Drymarchon corais couperi), key mud turtle (Kinosternon
baurii), piping plover (Charadrius melodus), Key Largo cotton mouse (Peromyscus
gossypinus allapaticola), Blodgett's wild mercury (A rgythamnia blodgettii), Cupania
(Cupania glabra), skyblue clustervine (Jacquemontin pentanthos), manchineel
(Hippomane mancinella),and Garber's spurge (Chanmesyce garberi).
Unit Treatment History Table: None of the parcels currently proposed for
invasive exotic removal have been treated in the past. Unit numbers indicate
work within the subject unit, not treatment of the entire unit. Species treated in
initial treatments include Brazilian pepper, Australian pine, seaside mahoe and
lead tree.
YEAR TOTAL UNITS IPM TASK Initial or Amount
ACRES NUMBER Maintenance
2007 10 5,6, 12 FK-073 Initial $56,700
2008 16 5,6,12, FK-079 Initial $80,000
16
2009 13 5,12,16 FK-082 Initial $80,000
2010 11 5,6,12 FK-090 Initial $80,000
2011 7 5,6,12 FK-097 Initial $50,000
2012 5 5,12,16 FK-104 Initial $50,000
Note: projects under the task assignments listed above included work in other units not
shown here
Since 2006, the Monroe County Environmental Land Management and
Restoration Fund has been utilized to conduct additional restoration activities
within these units after the initial exotic removal. These restoration activities
typically include cleanup of properties and native plantings. For example,
under Task Assignment FK-104, IPM funded $50,000 of initial treatment and the
County expended an additional $27,000 from the MCELMR fund on the
restoration of the subject sites(cleanup costs and native plantings).
Work Specifications: The contractor will be hired by Monroe County in
accordance with the County's purchasing procedures. The contractor will
remove the exotic vegetation from designated conservation lands under the
direction of the Monroe County Land Steward. Work performance will consist
of the contractor furnishing all labor, herbicides, diluents, small equipment,
transportation, spray equipment, etc. and all operations necessary to eradicate
invasive exotic vegetation. Monroe County Public Works or a County contractor
will provide heavy equipment (clam truck, dump truck, etc) as required to
remove and dispose of vegetative debris and to cleanup the sites as needed.
Monroe County Page 3 of 7
Contracted Exotic Removal 2013-14
The contractor will complete Daily Progress Reports (DPRs) which will include
the date, name of site, hours of work, species removed, and herbicide used, along
with other pertinent information. The DPRs will be submitted to the Monroe
County Land Steward. The Land Steward will prepare and submit periodic
invoices to the Florida Fish and Wildlife Conservation Commission (FWC),
Invasive Plant Management Section based on the DPRs.
The exotic plant species listed under "Project Goals", and any other FLEPPC
Category I or II species found on the site, will be treated according to developed
effective control techniques. Plants shall be treated in place or removed from the
site and chipped. Decisions regarding specific plant treatment methods on each
site will be made by the Land Steward. Treating vegetation in place and
allowing it to decompose in situ is cost effective and biologically sound.
Removing vegetation from the site will be the preferred treatment method in
habitats where fuel loading may be a concern, where excessive mulching would
preclude native seedling recruitment or negatively affect wildlife, where falling
trees could pose a hazard to roads or structures, or where aesthetics are a
concern. It is anticipated that many work areas will revegetate naturally without
artificial seeding or native planting. However, for severely degraded sites with
distant native seed sources, planting of natives will be considered with funds
- from Monroe County's Environmental Land Management and Restoration Fund.
Every effort shall be made by the contractor to avoid damaging native vegetation
or disturbing wildlife. The contractor will abide by all herbicide label
application, precautionary, safety, cleaning, and disposal information.
The Monroe County Land Steward will conduct a door-to-door education and
outreach effort that will focus on reaching the neighbors of the selected
worksites. This outreach effort will include the disbursement of the "Monroe
County Conservation Lands" brochure.
The project will begin as soon as funding is available and conclude by June 1,
2014, with the Monroe County Land Steward providing a comprehensive final
report to accompany the final invoice for cost reimbursement to the FWC no later
than June 21, 2014.
Monroe County Page 4 of 7
Contracted Exotic Removal 2013-14
Proposed Budget
The proposed budget for this project is as follows:
IPM Funds Requested: $50,000
In-Kind Match:
Land Steward
180 hrs @$28.33 / hr + 44 % in benefits $7,342
Cleanup / Restoration Costs $20,000
Total In-Kind Match for this portion: $27,342
(55% of Funds Requested)
Monroe County Page 5 of 7
Contracted Exotic Removal 2013-14
UNIT MAPS
Monroe County Conservation Lands
Note: Red hatching indicates public conservation lands. Blue highlight indicates proposed
invasive exotic removal projects on Monroe County conservation lands. Other color hatching
indicates previous contracted invasive exotic removal projects within the management unit.
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Monroe County Page 6 of 7
Contracted Exotic Removal 2013-14
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Page 7 of 7
Monroe County
Contracted Exotic Removal 2013-14
•
•
DEP Contract No. PL029
Cow
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 COUNTY BOARD OF COUNTY 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 Contracts do hemb a r
as follows;
Y gee
1. The Department does hereby retain the Contractor to perform upland invasive exotic plant control
on a Task Assignment basis (copies of the Task Assignment Form and Taskservices
Form are attached hereto as Attachments A and B,respectively) ind the Assignment Change Order
s
hereby agree to performmaas defined Conditions ebt fort the C thft Contract,rac
Csvch ) nes upon the iste an and isame set forth in tars d
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
snail 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.
0. Upon execution of this Contract,the parties understand and agree that the signature blocks contained
m Attachments A and B Identify the representatives for each entity with the authority to execute Task
Assignments/Task Assignment Change Orders under this Contract.
5. This Contract shall begin upon execution by botn 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 en 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,Flonda 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 S1 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 Departments 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. 4. 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.
8 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 Department
Laurie McHargue Greg Jubinsky,MS4710
Growth Management Division Bureau of Invasive Plant Management
2798 Overseas Highway.Suite 400 Florida Department of Environmental Protection
Marathon. FL 33050 3900 Commonwealth Blvd.
Tallahassee,FL 32399-3000
DEP Contract No. PL029. Page 2 of
12 This Contract may be unilaterally canceled by the Department for refusal by the Contractor to allow public
access t0 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 Departments Contract Manager is Greg lubinsky, Environmental Administrator, Telephone number
850/245-2821. The Site Managers 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.
1.7. 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 accmingto 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.
8. 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 I,st 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
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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 Departments 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 bee 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. My 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
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IN WITNESS WHEREOF, the parties have caused this Contract to be duly executed,the day and year last written
below
MONROE COUNTY BOARD OF STATE OF FLORIDA DEP TMENT OF
COUNTY COMMISSIONERS ENVIRO M 1TAL PR DON 7
By: f� C By
Title': Nayor/Chas n Director im - n of St B /e nds or de
Date: February 18. 2004 Date: 7 - 0,y
Monroe County Growth Management Division /
2798 Overseas Highway.Suite 400 Greg Jubi sky, r(tract ager
Marathon,Florida 33050
// iPbM
DEPContracts Admioisd or FEID No.: 59-6000749 _
Ap roved as to form and legality.
&fa , 6
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:
Time Letter/Number Description(Include number Of 0 eeSI
Attachment A Task Assignment Notification Form(1 page)
Attachment B Task Assignment Change Order Form(1 page)
Attachment C Scope of Services(1 page)
Attachment 0 Dairy Reporting Form(1 page)
' /REMAINDER OF PAGE INTENTIONALLY LEFT BLANK/x a
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K 6+r _
—
,FP . <aeHk AP ysssT A 0 FORM:
-2 ..
C WOLFE
CHiEF.t IS IiS,.48.clnrrnrivirM1EY
DEP Contract No,PL029.Page 5 of 5
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ATTACHMENT A
TASK ASSIGNMENT NOTIFICATION FORM
DEP CONTRACT NO. PL029
Task Assignment Number.
Contractor Name:
Contractor Contract Manager: Phone#:_
DEP Contract Manager: Phone#:
DEP Site Manager: Phone#:
Task Description(Use additional sheets If necessary):
Deliverables.
Payment Schedule/Invoicing Frequency
Task Assignment Term Execution of Task Assignment through
Task Assignment Type: Amount Not To Exceed:
Fixed Price g
Fee Schedule E
TOTAL TASK ASSIGNMENT VALUE E
FUNDING INFORMATION-:
Qrg-Co9e IE.O. !Object CooelModule (Special Calegoml Project# Year (Amount _J
I37 I I I __J IE I
137 I I I I IS
137 I I I IE
137 I IS
CONTRACTOR 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: Phone#:
DEP Site Manager: Phone#:
Description of Change(Use additional sheets if necessary):
CHANGE IN TASK AMOUNT
Fee
._ Item Fixed Price 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:
0rq.Code IE.O. (Object Code IModuie ISoecial Categotyl I Proiec(# Neer (Amount
137 I I I1 IS
)7 I I I Is
137 I I IS
137 I I i I IS I
CONTRACTOR FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
Contract Manager Date DEP Contract Manager Date
Reviewing Authority Dale
Funding Authority Date
DEP Site Manager Dale
cc Gwenn Godfrey,Contracts Office(MS93)
Bureau of Finance 8 Accounting(MS7B)-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 onsite a ground crew supervisor that is certified by the Florida Department of
Agriculture and Consumer Services as pert 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 Fonda 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 contact 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) oral gallons/lbs of herbicides and adjuvants applied.
(b) otal number of individuals and types of upland invasive exotic plants treated,
(c) otal hours of operating time,
(d) otal hours of lay time,
le) otal hours of adverse weather lost time,
lq vind 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.
REMAMOER OF PAGE INTENTIONALLY LEFT BLANK
DEP Contract No. PL029.Attachment C.Page 1 of 1
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ATTACHMENT 0
DEP DAILY PROGRESS REPORT FOR INVASIVE PLANT CONTROL
DATE DEP CONTRACT NUMBER
PROJECT NAME PROJECT NUMBER
List each applicators first end last names,the lime 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 Resbicted Pesticide Certification Number after name.
Time Time Hours Time Time Hours
In O Applicator Name Worked Innut Applicator Name Wnrkert
Supervisor
FDACS M
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 bar,mechanical),the total number of
plants controlled(or area where appropriate),the herbicide and adjuvants used.the rates and total quantity used of spray muc herbicide concentrate,
and adjuvants in gallons
Name of Plant Control B Plants Herbicide Used Rate Adjuvant/ Rate Gallons
Controfled Method Controlled Oil Mix ] Herb. Ach.
Equipment Use: List all equipment used(chain saws,chippers,boats.ATVs,heavy equipment,etc.)
Item Use Quantity Item Use Quantity
Weather Conditions: 0 Sunny 0 Cloudy0 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 or 1
, y
FWC Contract No. 08150 (PL029)
AMENDMENT NO. I
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 "ORIGINAL CONTRACT".
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 of the 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 FLORIDA FISH AND WILDLIFE
COUNT 9OMMISSIONERS CONSERVATION COMMISSION
H.
By: `,Gr E U By: fl
Title: Mayor George R. Neugent Executive Director r designee
Date: January 28, 2009 Date: I
• C ont act ager
Approved as to form d lega 'ty:
(SEAL) DANNY tDLFU4E /J
AT
DEPU Y CLERK FWC Attorney
YON COUNTY ATTORNEY
ROVED AS TO FORM
FWC CONTRACT No. 08150, Amendment No.1, Page 1 of 1