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Item I2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: August 21, 2013 Division: Growth Management Bulk Item: Yes X No _ Department: Land Steward Staff Contact Person/Phone#: Beth Bergh (x 2511) AGENDA ITEM WORDING: Approval of a 6 month contract extension with Florida Fish& Wildlife Conservation Commission (FFWCC)to continue funding the removal of invasive exotic plants from conservation lands that are owned or managed by Monroe County. ITEM BACKGROUND: Monroe County has an existing 10 year contract with FFWCC for the removal of invasive exotic plants from County conservation lands. Funding is awarded to the County through annual task assignments. The 10 year contract is due to expire on February 18, 2014; however, the current task assignments provide funding through June 15, 2014. This contract extension will extend the contract until August 17, 2014 to cover the time period of the existing task assignments. There are no other changes proposed for the contract. PREVIOUS RELEVANT BOCC ACTION: February 18, 2004—approval of a 10 year contract for funding to remove invasive exotic plant species. The Board has approved annual task assignments for grant funding since 2005. CONTRACT/AGREEMENT CHANGES: Extension of contract to August 17, 2014 STAFF RECOMMENDATIONS: Approval TOTAL COST: NA INDIRECT COST: BUDGETED: Yes X No_ DIFFERENTIAL OF LOCAL PREFERENCE: NA COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes_ No X AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM# Revised 7/09 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: FFWCC Contract# 08150 Effective Date: February 18, 2004 Expiration Date: August 17, 2014 (new) Contract Purpose/Description: Removal of invasive exotic plant species from publicly owned conservation lands in Monroe County. Existing contract : Only change proposed is 6 month contract extension to August 17, 2014 Contract Manager: Beth Bergh 2511 Growth Management/ 11 (Name) (Ext.) (Department/Stop#) for BOCC meeting on 8/21/13 Agenda Deadline: 8/6/13 CONTRACT COSTS Total Dollar Value of Contract: $ NA Current Year Portion: $ Budgeted? Yes❑ No ❑ Account Codes: - - - - Grant: $ - - - County Match: $ - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg.maintenance,utilities, janitorial,salaries,etc.) CONTRACT REVIEW Changes Date Out Date In Needed Reviewer Division Director Yes❑No❑ Risk Management Yes❑No❑ O.M.B./Purchasing Yes❑No[:] County Attorney 7/ r3 Yes[:]No❑ J Comments: OMB Form Revised 2/27/01 MCP#2 FWC Contract No. 08150 AMENDMENT NO. 2 TO CONTRACT 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 that CONTRACT entered into between the COMMISSION and the CONTRACTOR dated February 18, 2004, as amended January 28, 2009 and 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: 1. Paragraph 5 of the ORIGINAL CONTRACT, as amended, is hereby revised to extend the termination date from February 18, 2014, to August 17, 2014 unless terminated sooner pursuant to the terms of the ORIGINAL CONTRACT/AGREEMENT. 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 on the date and year last written below. MONROE COUNTY BOARD OF FLORIDA FISH AND WILDLIFE COUNTY COMMISSIONERS CONSERVATION COMMISSION NAME Executive Director or designee TITLE Date: Date: Approved as to f rm and legality: y WC Attorney j,0;vr GE COUNTY ATTORNEv_ F 0 ED AS TO FORM 4 S N M. GRIM Y "S&STAkT COUNTY ATTORNEY Florida Fish and Wildlife Conservation Memorandum : . Commission June 20, 2013 SUBJECT: Six Month Extension for Contract No. 08150 Monroe County This will be a six month extension on the existing contract, so we can write a task assignment through June 30,2014. Meanwhile,we will be creating a new ten-year contract with Monroe County to begin upon execution. It is unlikely we could get the new contract completed and executed by February 17,2014. If you have any questions or need additional information, please let me know. /Linda King Contract Number: FWC 08150 Modification Number 1 Contract FWC 08150 This modification to Contract FWC 08150 is entered into by and between the Florida Dish and Wildlife Conservation Commission ("C'ommission"). and Monroe County Board of County Commissioners ("Contractor"), and modifies the Contract entered into between the Commission and the Contractor dated January 28,2009. hereinafter referred to as the "Contract." In consideration of the mutual covenants and conditions set forth herein and in the Contract, the parties agree to modify the Contract as follows, Ahich amendments/modifications shall govern to the exclusion of any provision of the Contract to the contrary: Paragraph number 11 it hereby revised to change the Contractor's Contract Manager from Greg Jubinsky to Ruark Cleary. All other terms and conditions of the Contract shall remain in full torce and etlect. In Witness Whereof, the parties have executed this Modification to Contract, FWC 08150, on the date and year last written below. MONROE COUNTY BOARD OF FLORIDA FISH AND WILDLIFL COON I'Y C'OMMISSIONFRS CONSERVATION COMMISSION Contract anager(o d signee) Contract Manager (or design Title: Mot%rocz-CO L nl - StQ nf� Date: A (e 2, Section Leader (or designee) F Invasive Plant Management Section Division of Habitat and Species Conservation Commission Contract A istrator(FWC Date: Q t FWC Contract No. 08150(PLO-'9) AMENDMENT NO. 1 THIS AMENDMENT TO CONTRACT is entered into by and bet"cen the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION ("COMMISSION"), and MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ("CONTRACTOR"), and amends Conti-act 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 CONT RACT, the parties agree to amend the ORIGINAL CONTRAC'I as follows, «hich amendments shall govern to the exclusion of any pro%ision of the ORIGINAL CONTRAC F to the contrar}: 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 temps of this Contract, the Department shall pay the Contractor on a combination lived price/cost reimbursemenUfee schedule basis as specified in each executed Task Assignment. Travcl and incidental expenses arc not eligibly 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 erccutcd this AMENDMENT TO C ON rRAC..f 08150 on the date and year last written below. MONROE COUNTI' BOARD OF hLORIDA FISII AND WLLDLIFL COUNTY ( OMMISSIONERS CONSERVATION COMMISSION Txflc: Mavor George R. Neugent Executive Director r dcsi_gnec Date: January 28, 2009 Date: Illj C 'ont act h rneager Approvcd as to foi �rnd lega ity: (SEAL) MDEP;U ;p FWC Attorney ` t >0� c 5TY ATMRnEY A VSD AS TO FDRM FWC- CONTRACT No. 08150, Amendment No.1, Page 1 of I DEP Contract Nn. PL029 CONTRACT THIS CONTRACT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Flonda 32399-3000 (hereinafter referred tc 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 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, cr 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 subrnrt invoices to the Department In accordance with the invoice schedule/frequency established in each Task Assignment. Each invoice shall be submitted n 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 wrting 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 Faorida'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 F nancial 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) frorn a State of Florida agency, The Vendor Ombudsman may be contacted at 850/410-9724 or 1800-848 3792. S. In accordance with Section 215.422, Florida Statutes,the Department shall pay the Contractor, nterest at a rate as established by Section 55.03(1), Florida Statutes on the unpaid balance, if d 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 is 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 fulfil 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 th,rty (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. Not ce 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, MS#710 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 5 12. This Contract may be unilaterally canceled by the Department for refusal by the Contractor to allow pub is access to all documents, papers, letters, or other materal 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 nter�st 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 provis on 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 s 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 wetter, 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 sole y liable to the subcontractor for a;l expenses and liabilities incurred under the subcontract. B. The Department of Environmental Protection supports diversity in its procurement program and requests that al subcontracting opportunities afforded by this Contract embrace diversity enthusfastica;ly 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 allowabie 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 287.01.7. 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 applicab a 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 a l subcontracts issued as a result of this Contract. 30. This Contract represents the entire agreement of the parties. Any alterations, variations, changes. modifcations 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 th•s Contract, unless otherwise provided herein. DEP Contract No. PL029. Page 4 of 5 IN W+TNESS 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 ENTAL PROF TION By `� By- Title*: Mayor/Chaif4ian - Director,L)ivis n of Stye Lands or desv n Date: February 18, 2004 Date: Monroe County Growth Management Division r 2798 Overseas Highway.Suite 400 Greg Jubi sky, L`or}tract 1rnager Marathon, Florida 33050 DEP Contracts Adminis r for FEID No.: Ap roved as to form and legality AA DEP ttomey *For contracts with governmental boards/cornmissions: 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: Type Letter Number. ..--Q-EL,5n Ciriclucie number.nf paggs) Attachment A Task Assignment Notification Form(1 page) Attachment B Task Assignment Change Order Form(1 page) Attachment C Scope of Services i1 page) Attachment D Daily Reporting Form(1 page) REMAINDER OF PAGE INTENTIONALLY LEFT BLANK �,, - !► ;n, APPI�U,tf'A;, 0 FORbt: r+O�EFrTiN'0 FE CHIEFA4SI$i C;)UNT'(fAT7QR.1JEY 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- 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 ask Assignment Type, Amount Not To Exceed Fixed Price $ Fee Schedule $ TOTAL TASK ASSIGNMENT VALUE $ FUNDING INFORMATION- O__rg Code _IE.O (Ob`ecL t CodelModule ISpecial Category) Project# �IYear (Amount 137 -- 1 I II [ I I-1- I$ 137 I I- I$ CONTRACTOR FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Contract Manager 9 C3ate DEP Contract Manager Date Reviewing Authorty Date Funding Authority Date DEP Site Manager Date CC. Gwenn Godfrey, Contracts Office(MS93) Bureau of Finance&Accounting(MS78) -2 copies DEP Contract No. 131-029,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/decreasein 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: Oro. Code IE.O. IObiect Code IModule ISpeciaI Categor_yl I Protect# IYear (Amount 137 I37 I I I I ____h_ I _iT- _ 1 137-_._—_----__ I I I I I I I$ 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 B. Page 1 of 1 ATTACHMENT C SCOPE OF SERVICES The work to be performed consists of the Contractor furnishing ail 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 contro 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) r the task assignment. The Contractor shall at all times prov de on-site a ground crew supervisor that is certified by the Flor da Department or 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, precaut,onary, 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 Area,; 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 shalt 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 gal ons/Ibs 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 RUIes 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 shad be controlled to prevent re-sprouting. If 95 r:, kal rate is not achieved in any assigned treatment zones)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 a ATTACHMENT D DEP DAILY PROGRESS REPORT FOR INVASIVE PLANT CONTROL DATE DEP CONTRACT NUMBER PROJECT NAME 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 totae 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 Hours In Hirt Applicator Name Wnrkafi In f)rrt Wnrkreri 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,mechanicale the total number of plants controlled(or area where appropriate),the herbicide and adjuvants used,the rates and total quantity used or spray mix,herbicide concentrate. and adjuvants in gallons. Name of Plant Control _ k Plants Herbicide Used Rate Adjuvant/ Rate Gallons Controlled Method Controlled Oil Mix Herb. Adi. Equipment Use., List all equipment used;chain saws.chippers,boats.ATVs. heavy equipment.etc.) Item Use Quantity Item Use Quantity Weather Conditions: ❑ Sunny 0 CloudyO 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