Item H02 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 17, 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 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 BACKGROUND:
For the ninth consecutive year Monroe County has been awarded funding for invasive exotic plant
removal from FFWCC through the Florida Keys Invasive Exotics Task Force. This agenda item covers
the upcoming State 2013-2014 fiscal year and will build on the success of the eight prior grants. The
funds will be used to hire Invasive Exotic Technicians (temporary employees) to perform exotic plant
removal on conservation lands that are owned or managed by the County. The local match requirement
of $43,842 will be funded by mitigation fees paid by developers into the Environmental Land
Management and Restoration Fund (no ad valorem funds) to cover the costs of the Land Steward's
time, purchase/use of equipment, and disposal fees.
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: None
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $118,842 INDIRECT COST: BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: NA
No ad valorem
COST TO COUNTY: $43,842 (local match) SOURCE OF FUNDS: Fund 160- Env Rest Fund
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty Z OMB/Purchasing Risk Managements
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM#
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: FFWCC Contract# 08150-FK-116
Effective Date: Upon execution
Expiration Date: June 21, 2014
Contract Purpose/Description:
Task Assignment#FK 116- Invasive Exotics Removal Grant - Technician Crew-
Removal of invasive exotic plant species from publicly owned conservation lands in
Monroe County.
Contract Manager: Beth Bergh 2511 Growth Management/ 11
(Name) (Ext.) (Department/Stop#)
for BOCC meeting on 7/17/13 Agenda Deadline: 7/2/13
CONTRACT COSTS
Total Dollar Value of Contract: $ 75,000 Current Year Portion: $
Budgeted? Yes® No ❑ Account Codes: - - - -
Grant: $ 75,000 - - - -
County Match: $ 43,842 (in kind) - - - -
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 Nop.- y m
Risk Management es❑ No,. "
O.M.B./Purchasing �13 Yes[:] NoEJ/ 4-�lash:
County Attorney 6 - Yes❑ No❑
Comments:
OMB Form Revised 2/27/01 MCP#2
TASK ASSIGNMENT NOTIFICATION FORM
FWC CONTRACT NO. 08150
Task Assignment Number:FK-116 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 County Techs 2013/14 PEN: 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. The Contractor shall provide written notification to the Contract Manager upon completion of treatment event(s).
3. Upon FWC 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:
Cost Reimbursement $75,000.00
Total Task Assignment Value $75,000.00
Funding Information:
Org.Code IE.O. IObiect Code ]Fund ISnec.Cat. IProiect# (Year (Amount I
177358090200 102 139940 1 1102334 FK-116 13-14 !$75,000.00�
MONROE COUNTY FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION
(L lvrJlq !3
Contract Manager Date Ruark Cleary,Contract Man Date
Department Director Datetj
��
Cost Center Adminis rator D to
Section Leader Date
MONAq F
COUNTY ATTORNEY
APPROVED AS TO FO�M
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Date: � �"" �
Division Date
cc: Contracts Office
Contracts Disbursements
FWC Contract No.08150,Task Assignment No.FK-116,Page 1 of 2
TASK ASSIGNMENT RESPONSIBILITIES
RESPO 14SIBILMES OF THE GROUND CREW:
1. 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;
RESPONSIBILITIES OF THE COUNTY SITE MANAGER:
1. The County Site Manager is responsible for submitting a request for any additional work;additional work includes
additional treatment areas or change in treatment methodology.
2. 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.
3. The County Site Manager shall be responsible for obtaining all permits related to the control and disposal of targeted
vegetation unless otherwise noted in the Task Assignment.
4. The Site Manager shall be responsible for instruction of ground crew and the areas and plants to be controlled,and provide
necessary maps and other pertinent information to locate work sites.
5. The County Site Manager shall forward an original invoice along with all corresponding Daily Progress Report Forms,
completed and approved,to the FWC Invasive Plant Management,3800 Commonwealth Boulevard,MS 705,Tallahassee,
Florida 32399-1600 within ten(10)working days of work completion.
FWC Contract No.08150,Task Assignment No.FK-116,Pagel of 2
Project: Monroe County Invasive Exotic Removal Crew
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: berg bath(=!-)n'wonroeCOLIIIt" �._�
Method of Control: Contractual (Maintenance)
County-employed Invasive Exotic Removal Crew
Cost Reimbursement
Project Goal: Removal of invasive exotic vegetation from Monroe County
conservation lands. Target species include: Brazilian pepper (Schinus
terebinthifolius); Australian pine (Casuarina spp); lead tree (Leucaena leucocephala);
seaside mahoe (Thespesia populnea); scaevola (Scaevola sericea); latherleaf
(Colubrina asiatica); Brazilian jasmine (Jasminum fluminense); Guinea grass
(Panicum maximum); Washington fan palm (Washingtonia robusta); sapodilla
(Manilkara zapota); bowstring hemp (Sansevieria hyacinthoides); sea hibiscus
(Hibiscus tiliaceus); castor bean (Ricinus communis); wedelia (Sphagneticola
trilobata); oyster plant (Tradescantia spathacea); air potato (Dioscorea bulbifera); red
sandalwood (Adenthera pavonina); woman's tongue (Albizia lebbeck); tropical
almond (Terminalia catappa); green fountain grass (Pennisetum setaceum);
asparagus fern (Asparagus aethiopicus); and chastetree (Vitex trifolia). One other
species, night-blooming cactus (Hylocereus undatus), will also be removed.
Although it is not listed with FLEPPC, this plant has become a problem on some
conservation lands where it was likely introduced from discarded landscape
debris or persists from abandoned homesites.
Monroe County Invasive Exotic Removal Crew Page I of 18
2013-214
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.
Project Description: Monroe County currently employs a crew of invasive
exotic plant technicians (currently four technicians) who work on lands owned or
managed by Monroe County. The requested funding will allow the County to
continue employing this crew and will build on the success of the past eight
years of invasive exotic species control. The crew will continue to eradicate
woody and herbaceous invasive exotic plants from designated conservation
lands under the direction of the Monroe County Land Steward. The Land
Steward will arrange for and/or conduct training,as well as supervise and
schedule the work of the crew on the various sites. Training will consist of
instruction in plant identification,herbicide handling, and application
techniques. The crew will remove invasive exotics using hand tools only;no
mechanical removal is proposed.
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 debris removal,the purchase of the crew's tools and supplies, native
plantings, and other restoration efforts following exotic removal.
The crew's priorities include: maintaining previously treated exotic removal si s
free of exotics;conducting sweeps of large conservation areas, looking for new
infestations; and the removal of exotics from recently purchased conservation
lands. In fiscal year 2012 the County acquired an additional 137 parcels of
conservation land totaling 50 acres. Additionally, if requested by the managing
agency, the crew will assist in the removal of invasive exotic vegetation from
conservation lands owned by the State or Federal government.
Monme County Invasive Exotic Removal Crew Page 2 of 18
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Natural Communities: The majority of the County's conservation lands are
located within one of the units listed below. However, the crew will treat exotic
vegetation on any County conservation land,even those properties not included
in the following table.
UNIT KEY PARCELS ACRES NATURAL COMMUNITY
1 Big Coppitt 3 37 Hardwood hammock,buttonwood /
saltmarsh and scrub mangrove
2 U Sug 118 43 Hardwood hammock,freshwater
wetlands,saltmarsh,mangrove
3 Cudjoe 20 39 Hardwood hammock,saltmarsh,scrub
mangrove
4 Cudjoe 215 30 Hardwood hammock,buttonwood /
saltmarsh,scrub mangrove
5 Summ 94 39 Hardwood hammock,buttonwood/
saltmarsh,scrub mangrove
6 Ramrod 232 36 Hardwood hammock,buttonwood /
saltmarsh,scrub mangrove,mangrove
7 Torches 100 23 Hardwood hammock,buttonwood /
saltmarsh,scrub mangrove,mangrove
8 Big Pine 41 13 Pine rockland,hardwood hammock,
freshwater wetland
9 Big Pine 141 20 Hardwood hammock,pine rockland,
buttonwood saltmarsh
10 Big Pine 179 27 Hardwood hammock,pine rockland,
freshwater wetland
11 Big Pine 27 4 Hardwood hammock,
buttonwood/saltmarsh
12 Big Pine 352 68 Hardwood hammock,pine rockland,
buttonwood saltmarsh
13 Duck 35 7 Freshwater wetland,buttonwood /
saltmarsh
14 Largo 287 52 Hardwood hammock,buttonwood /
saltmarsh
15 Largo 123 15 Hardwood hammock
16 Largo 241 29 Hardwood hammock,buttonwood /
saltmarsh
17 Largo 88 11 Hardwood hammock
18 Largo 65 8 Hardwood hammock,mangrove
19 Largo 56 5 Hardwood hammock
20 Largo 85 8 Hardwood hammock
Totals 2,502 514
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Adjacent Natural Areas:
UNIT KEY Adjacent Natural
Areas
1 Big NA
Coppitt
2 U Sug FWC-WEA
3 Cud'oe USFWS Refuge
4 Cud'oe USFWS Refuge
5 Summ NA
6 Ramrod FWC-WEA
7 Torches FWC-WEA
8 Big Pine USFWS Refuge
9 Big Pine USFWS Refuge
10 Big Pine USFWS Refuge
11 Big Pine USFWS Refuge
12 Big Pine USFWS Refuge
13 Duck NA
14 Largo FWC-WEA
15 Largo FWC-WEA
16 Larg
oNA
17 LargoPennekam SP
18 LarPennekam SP
LarNA
LarPennekamp SP
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
(Columba leucocephala), Key deer (Odocoileus virginianus clavium), Lower Keys
marsh rabbit (Sylvilagus palustris hef eri), 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 (Argythamnia blodgettii), Cupania
(Cupania glabra); skyblue clustervine (Jacquemontia pentantlios), manchineel
(Hippomane mancinella), and Garber's spurge (Chamaesyce garberi).
Monroe County Invasive Exotic Removal Crew Page 4 of 18
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Unit Treatment History Table: Unit numbers indicate work within the unit,not
treatment of the entire unit. Species treated in initial treatments include Brazilian
pepper, Australian pine,seaside mahoe and lead tree. Species treated in
maintenance treatments include all of those listed under the previous"Project
Goal" section.
YEAR ACRES UNITS IPM TASK Initial or Amount
NUMBER Maintenance
2006 7 9,13 FK-061 Initial $26,200
2006 250+ All FK-056 Maintenance $30,000
2007 10 2,5,6,9, FK-073 Initial $56,700
12,18
2007 500 + All FK-069 Maintenance $62,400
2008 16 2,4,5,6, FK-079 Initial $80,000
9,12,13,
16
2008 500+ All FK-075 Maintenance $88,600
2009 13 2,5,12, FK-082 Initial $80,000
14,16
2009 500+ All FK-082 Maintenance $86,200
2010 11 1,2,5,6,7 FK-090 Initial $80,000
,8,9,12
2010 500+ All FK-090 Maintenance $92,000
2011 7 5,6,7,8,1 FK-097 Initial $50,000
2,18
2011 500+ All FK-095 Maintenance $96,000
2012 5 2,5,8,9,1 FK-104 Initial $50,000
2,16,18
2012 500+ All FK-103 Maintenance $78,400
2013 500+ All FK-109 Maintenance J $60,000
Due to the fragmented nature of Monroe County's Conservation Lands and the
resulting increased edge effect, the units require annual maintenance. All units
are proposed for maintenance under this project.
Since 2006, the Monroe County Environmental Land Management and
Restoration Fund has been utilized to conduct additional restoration activities
within these units including the cleanup of properties. The Fund also covers the
cost of equipment, tools,waste disposal fees and any other costs incurred by the
crew. For example, under Task Assignment FK-109 (on-going),the County has
spent$15,000 of the MCELMR fund on waste disposal fees alone.
Monroe County Invasive Exotic Removal Crew Page 5 of 18
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Work Specifications: Work performance will consist of furnishing all labor,
herbicides, diluents, small equipment, transportation, spray equipment, and
performing all operations necessary to control the exotic plants listed under
"Project Goals" using proven techniques on the individual species. If heavy
equipment (clam truck, etc.) is required for disposal purposes, the equipment
will be provided by Monroe County Solid Waste, or in partnership with other
land managers in the Keys.
The crew shall be responsible for completing a Daily Progress Report (DPR) that
will record date, name of site, hours of work, species treated and other data that
will be submitted to the Land Steward at the end of each week. Monroe County
will submit periodic invoices to the Florida Fish & Wildlife Conservation
Commission (FWC), Invasive Plant Management Section, for reimbursement of
exotic plant control activities based on the DPRs.
The exotic plant species listed under "Project Goals" w' . be treated according to
developed effective control techniques. Depending upon the species treated and
the type of habitat, plants may be hand-pulled, treated in place, removed from
site, or chipped on site. 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.
However, physical removal of vegetation from the site will be the preferred
treatment method in the following situations: where fuel loading may be a
concern; where excessive mulching may 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 an '.cipated that most work
areas will revegetate naturally without replanting. However, for severely
degraded sites with distant native seed sources, pl ting of natives will be
considered utilizing funds from Monroe County's Environmental Land
Management and Restoration Fund.
Every effort shall be made by the crew to avoid damaging native vegetation or
disturbing wildlife. The crew will abide by all herbicide label application,
precautionary, safety, cleaning, and disposal information. Specimen labels and
MSDS information for all chemicals used will be kept with the chemicals, and the
crew shall be provided with first aid kits and emergency contact numbers while
working in the field.
The Monroe County Land Steward and the crew will work to educate neighbors
of natural areas by providing "Monroe County Conservation Lands" brochures
and by discussing the issue of invasive exotics with them. Due to the scattered
nature of the County's parcels and the high visibility of the crew, there is ample
opportunity to interact with neighbors. Additionally, the crew will be easily
Monroe County Invasive Exotic Removal Crew Page 6 of 18
2013-214
recognized by signage posted on the work site and the presence of a County
labeled vehicle.
The project will begin as soon as funding is available and conclude by June 15,
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. Due to weather constraints, it is envisioned that most of the
work will occur during the eight-month period from October through May.
Monroe County Invasive Exotic Removal Crew Page 7 of 18
2013-214
Proposed Budget The proposed budget for this project is as follows:
IPM Funds Requested: $50,000
Wages for 70 Monroe Co technician hrs/week
for 30 weeks @$25.00 / hour (approximate)
In-Kind Match:
Land Steward -Supervisor
6 hrs / week for 30 weeks @$28.33 / hr+ 44 % in benefits $7,342
Project Administration- Personnel &Payroll Staff Time
6 hrs/month for 7 months @$25 / hr $1,050
Herbicides $1,200
Supplies and Equipment
Sprayers, gloves, saws, tools, etc. $1,000
Disposal fees (vegetative debris) $8,500
- includes tipping fees and use of clam truck with crew
Vehicles
1 pickup truck for 1,050 hrs @$16.50 / hr $17,325
1 pickup truck for 450 hrs @$16.50 / hr $7,425
Total In-Kind Match for this portion: $43,842
(88% of Funds Requested)
Monroe County Invasive Exotic Removal Crew Page 8 of 18
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UNIT MAPS
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DEP Contract No. PL029
C_O�VTR CA
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 COUNTY BOARD OF COUNTY
Key West, Florida, 33040 COMMISSIONERS, whose address is 1100 Simonton Street,
3040 (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
inment and
Task Assignment Change Order. Any and all equipment, products, or materials necessary ttoo pgerform 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.
nap�....._� . .. _ ..
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$50/410-9724 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:
9DItr- r Depart-meni
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 F
12. This Contract may be unilaterally canceled by the Department for refusal by the Contractor to allow public
access to ail 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 malntaln 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 dellvered 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 Invalldity,
without invalidating the remainder of such provision or the remalning provisions of this Contract. Any
action hereon or in connectlon 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 Flordda Department of Management
Services,Office of Supplier Diversity at B50/487 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 Tatter'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 bme, 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,.
modificatlons or waivers of proves+ons of this Contract shall only be valid when they have been reduced to
writing, duly signed by each of the partes hereto, and attached to the original of this Contract, unless
otherwise provided herein.
DEP Contract No.PL029, Page 4 of 5
below..IN WITNESS WHEREOF, the parties have caused this Contract to be duly executed, the day and year last writte i
MONROE COUNTY BOARD OF STATE OF FLORIDA DEP TMENT OF
COUNTY COMMISSIONERS ENVIRSNhtqJTAL PR ON
Title*: Maryor/ChailVan Director ivi ' n of St a nds or de'
Date: February 18, 2004 Date; ���
C/
Monroe County Growth Management Division
2798 Overseas Highway,Suite 400 Greg Jubi sky, ractMarathon,Florida 33050 7aL7
XX 4-0
FEID No.: 59-6000749
DEP Contracts Admlnistrbtor
Ap roved as to form and legality:
AA
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:
Type Letter/Number Descriotlon .—I—-,F
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 D Daily Reporting Form(1 page)
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Ali :stiti AP? V�a,_ABEORM:
Rvr ERT,N,WOLFE
C H1 EF,W!s iAsy G�+rJN'iYr TJt�hNEY
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 Tenn. Execution of Task Assignment through
Task Assignment Type: Amount Not To Exceed:
Fixed Price $
Fee Schedule $
TOTAL TASK ASSIGNMENT VALUE $
FUNDING INFORMATION:
Ora, Code JEL O jObiect CodelModule iSaecial Categorvl Project# Year jAmount i
37 I$ 1
137 L �-- 1$ i
37 1$
137 )$
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 g
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 increaseldecrease
in task amount:
Task amount with all
change orders:
CHANGE IN TASK TIME
Original task completlon date:
Completlon date prior to this change:
Net increase/decrease in task period:
Completion date with all change orders:
Change In Funding Information:
Ora.Code IE.O. IOblect Code (Module ISoecial Cateoorvl I Project# (Year (Amount I
137 I I I I I I 1$ I
137 I I I I I I 1$ 1
137 I I I I I I ($
137 I I I I I I 1$ 1
CONTRACTOR FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
Contract Manager Date DEP Contract Manager Date
Reviewing Authority Date
Funding Authority Date
CC Gwenn Godfrey,Contracts Office(MS93) DEP Site Manager Date
Bureau of Finance&Accounting(MS78)-2 copies
DEP Contract No. PL029,Attachment B,Page 1 of 1
ATTACHMENT C
SCOPE OF SERVICES
The work to be performed consists of the Contractor furnishing all labor,equipment,and herbicides as described herein
for the control of invasive upland exotic plants on public conservation lands within their jurisdiction, The Contractor
shall be directed by the Site Manager per the task assignment to perform upland invasive exotic plant control
operations. The location of work sites and the upland exotic plant control operations to be performed will be specified
by the Department of Environmental Protection's Upland Invasive Exotic Plant Program Manager(Contract Manager)in
the task assignment.
The Contractor shall at all times provide on-site a ground crew supervisor that is certified by the Florida Department of
Agriculture and Consumer Services as part of the work force- Ground crew supervisors will be responsible for. 1)
coordination with program site manager on a daily/weekly basis; 2)all control activities and safety on project sites; 3)
assuring that all contract crews are knowledgeable of, and remain within property and treatment boundaries; A)
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/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 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.PLO29,Attachment C, Page 1 of 1
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 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 Hours
In (hrt Wnrkr�f In nrrt Applicator Name Wnrkpd
Supervisor
FDACS#
TOTAL SUPERVISOR HOURS
TOTAL CREW HOURS
TOTAL EQUIPMENT OPERATOR
Listthe 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 mbr,herbicide concentrate,
and adjuvants in gallons.
Name of Plant Control #Plants Herbicide Used Rate Adjuvant,/ Rate Gallons
Controlled Method Controlled Oil Mix Herb A '.
Equipment Use: List all equipment used(chain saws,chippers,boats,ATVs,heavy equipment,etc.)
Item Use Quantity Item Use Quantity
Weather Conditions: ❑Sunny []Cloudy[]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 Na.. PL029.Attachment D,Page 1 of 1
. FWC Contract No. 08150 (PL029)
AMENDMENT NO. 1
THIS AMENDMENT TO CONTRACT is entered into by and between the FLORIDA FISH
AND WILDLIFE CONSERVATION COMMISSION("COMMISSION"), and MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS ("CONTRACTOR"), and amends Contract 08150
(formerly DEP PL029) entered into between the COMMISSION and the CONTRACTOR dated
February 18, 2004,hereinafter referred to as the "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:y
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
COUNTY MMISSIONERS CONSERVATION COMMISSION
By: By:
Tf1e: Mayor George R. Neugent Executive Director dr designee
Date: January 28, 2009 Date: 11 A
C ont act ager
(SEAL)
Approved as to form d leg a ity:
AT
DANNY OLHp'dE
4DEPU CLERK FWC Attorney
MON OE COUNTY ATTORNEY
A ROVED AS TO ORM
2f L
FWC CONTRACT No. 08150, Amendment No.1, Page 1 of 1