Loading...
Item J04 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: February 18,2004 Division: Growth Management Bulk Item: Yes X No Department: NI A AGENDA ITEM WORDING: Approval of a contract with the State of Florida Department of Environmental Protection to eradicate invasive exotic plants from County conservation lands. ITEM BACKGROUND: In November 2001, the Monroe County Land Steward submitted a project proposal to the Florida Keys Invasive Upland Plant Working Group for review and ranking for funding through DEP's Invasive Upland Plant Removal Program. The project's goal is the eradication of non- native invasive plants from an estimated 350 acres of county-owned conservation lands. Monroe County's project was ranked first at the Working Group's 2002 annual meeting, but instead of funding the one project, DEP prepared a 10-yr cooperative agreement between DEP and Monroe County that allows Monroe County to submit projects annually on a "task assignment" cost reimbursement basis for labor only. Every year staff will submit a project for approval to DEP, and request a partial match from Monroe County for expendable supplies as part of the budget process. The total project cost for the first year is estimated at $71,000, of which Monroe County provides $28,000 as a match consisting of a vehicle ($26,000 in-kind) and approximately $2,000 for expendable supplies. The project is scheduled to begin FY 04/05. PREVIOUS RELEVANT BOARD ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval. TOTAL COST: $71,000 (estimated) BUDGETED: N/ A COST TO COUNTY: $2,000 (est. expend. supplies) SOURCE OF FUNDS: Environmental Restoration Fund REVENUE PRODUCING: N/A AMOUNT PER MONTH Year DOCUMENTATION: Included X Risk Management NI A APPROVED BY: County Atty 1L- OMB/Purchasing DIVISION DIRECTOR APPROVAL: To Follow_ Not Requiredti AGENDA ITEM # uLJ- DISPOSITION: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: DEP Contract #PL029 Effective Date: Expiration Date: 10 Y rs from Effect. Date Contract Purpose/Description: To eradicate invasive exotic plants from county conservation lands. Funds are allocated by DEP on a Task assignment basis over the course often years. Contract Manager: Laurie McHargue 7007 GMD #20 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 02/18/04 Agenda Deadline: CONTRACT COSTS Total Dollar Value of Contract: $ Budgeted? YesD No [2J Account Codes: Grant: $ 47.296.00 County Match: $ 24,318.00 In- Kind Current Year Portion: $ 71.614 - - ---- - - - ---- - - ---- - - ---- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance. utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes ~ate .r Needed ~ Division Director O~ f>'f YesD NOLJ _ Risk Management 1/1)./~ YesD No~ O.M.B.lPurchasing #'YYesD No County Attorney 10/</ Y esO N~ ( Comments: Date Out OMS Fonn Revised 2/27/01 Mep #2 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 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, 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 Jan 2S 04 0~:34p Growth Mg:t (3051289-2854 p.G IN WITNESS WHEREOF. the partie." have caused this Contract to be dUly executed, the day and year last wrItten below. MONROE COUNTY BOARD OF COUNTY COMMISSrONERS STATE OF FLORIDA DEPARTMENT OF ENVIRON AL OTe:CTJON Br~ Titla*: B ee Date: Monroe County Growth Management Division 2798 Overseas Highway, Suite 400 M8r~thon, florida 33050 FEID No.: 59-6000749 Approved as to form and legality: ~'" ~ ~ DEP !tomey *For contracls with governmental boards/commissions; If someone other than the Chairman sIgns this Contract, a resolution. statement or other document euthoriting that person to sign the Contract 00 behalf of the Contractor must accompany the Contract. List of attachmentsje)[hibiu inclUCled as part of thIs Contract: Tvoo Attachment Attachment Attachment Attachmant Letter/Nurnber A a c o DeScriI2tI2n..(!!l~.~.llllmQtr.Qf.J2a~ TaSk Assignment NotificatIon Form {1 page) iask Assignment Change Order Form (1 pagG) $cope of ServIces (1 page) Dni/y Reporting Form (1 page, 1 ) r REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP' -. 1/1 3:J'dd SlSE(';6(';SIZlE'or ^.I.NnOJ 30~NOW'WO~~ vS'Sl vlZl-6(,;-N'dC 3Jr~~o ^.I..I.'d 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: Fixed Price $ $ Fee Schedule TOTAL TASK ASSIGNMENT VALUE $ FUNDING INFORMATION: Ora. Code 137 137 137 137 CONTRACTOR IE.O. IObiect CodelModule I_I I I_I I I-I I I I I ISoecial Cateaorvl Proiect # I I I I I I I I IYear I I I I IAmount 1$ 1$ 1$ 1$ 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 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: Ora. Code 137 137 137 137 CONTRACTOR IE.O. IObiect Code IModule I_I I I_I I I I I I I I ISoecial Cateaorvl I I I I IYear I I I I IAmount 1$ 1$ 1$ 1$ I Proiect # I I I I FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Contract Manager Date DEP Contract Manager Date Reviewing Authority Date Funding Authority Date cc: Gwenn Godfrey, Contracts Office (MS93) Bureau of Finance & Accounting (MS78) - 2 copies DEP Site Manager Date DEP Contract No. PL029, Attachment B, Page 1 of 1 ATIACHMENT 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 01/1' Wnrkp.c1 In 01/1' WnrkP.fl 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 r Herb. Adi. Equipment Use: List all equipment used (chain saws. chippers, boats. AN'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