Item G2 G.2
Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS
�� Mayor David Rice,District 4
The Florida Keys � Mayor Pro Tem Craig Cates,District 1
y Michelle Coldiron,District 2
James K.Scholl,District 3
Ij Holly Merrill Raschein,District 5
County Commission Meeting
August 17, 2022
Agenda Item Number: G2
Agenda Item Summary #10886
BULK ITEM: Yes DEPARTMENT: County Land Acquisition and Land
Management
TIME APPROXIMATE: STAFF CONTACT: Beth Bergh (305) 289-2511
NA
AGENDA ITEM WORDING: Approval of a Task Assignment(FK-177) with the Florida Fish &
Wildlife Conservation Commission ("FWC") to Receive $100,000 Which Will Allow the County to
Hire a Contracted Crew of Invasive Exotic Plant Control Technicians to Treat Invasive Exotic Plants
on Conservation Lands that are Owned or Managed by Monroe County.
ITEM BACKGROUND: Monroe County has been awarded $100,000 in funding for invasive
exotic plant removal from the Florida Fish and Wildlife Conservation Commission ("FWC") through
the Florida Keys Invasive Exotics Task Force. This task assignment covers the upcoming State
2022-2023 fiscal year and will build on the success of the prior years. The funds will be used to hire
a contracted crew of Invasive Exotic Technicians to perform invasive exotic plant removal on
conservation lands that are owned or managed by the County. The local match requirement of
$25,630 will be funded by mitigation fees paid by developers into the Environmental Land
Management and Restoration Fund (no ad valorem funds) and in-kind services (Land Steward's
time).
PREVIOUS RELEVANT BOCC ACTION:
May 21, 2014 — Approval of a 10-year contract with FWC for funding to remove invasive exotic
plant species
February 18, 2004 — Approval of a 10-year-contract with FWC for funding to remove invasive
exotic plant species (expired in 2014)
The BOCC has approved annual task assignments for funding since 2005.
CONTRACT/AGREEMENT CHANGES:
None
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Packet Pg. 1796
G.2
Task Assignment FK-177
FWC 10 yr contract 2014
FINANCIAL IMPACT:
Effective Date: Upon execution
Expiration Date: 8/14/2023
Total Dollar Value of Contract: $125,630 (including in-kind)
Total Cost to County: $25,630 ($20,000 local match and $5,630 in-kind)
Current Year Portion: $0
Budgeted: Yes
Source of Funds: Fund 160 —Environmental Restoration Fund(non-ad valorem)
CPI:
Indirect Costs: None
Estimated Ongoing Costs Not Included in above dollar amounts: $0
Revenue Producing: No If yes, amount:
Grant: $100,000
County Match: $25,630
Insurance Required: No
Additional Details:
10/01/22 NEW COST CENTER ADDED $100,000.00
FWC funding
10/01/22 160-52002 ENVIRONMENTAL RESTORATIO $20,000.00
Local match
Total: $120,000.00
REVIEWED BY:
Christine Hurley Completed 07/28/2022 9:05 AM
Purchasing Completed 07/28/2022 9:07 AM
Peter Morris Completed 08/01/2022 2:31 AM
Budget and Finance Completed 08/01/2022 10:41 AM
Risk Management Completed 08/01/2022 11:39 AM
Lindsey Ballard Completed 08/01/2022 12:24 PM
Board of County Commissioners Pending 08/17/2022 9:00 AM
Packet Pg. 1797
TASK ASSIGNMENT NOTIFICATION FORM
FWC CONTRACT NO. 13 101
Task Assignment No:FK-177 Date:06/02/20
Contractor Name: Monroe County FWC Contract Manager:David cNiel 850.617.9427
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Contractor's Contract Manager:Beth Bergh-305.289.2511 FWC Site Manager:Michael Sowinski 863.797.9536 0
Project Title:Monroe County Maintenance AU)
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Task Description t E
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Provide terrestrial vegetation control services in accordance with the Scope of Work for the designated area(s)of the public conservation land identified by the Task Assignment.Work st
consist of the Contractor systernatically traversing,locating,and treating 100%of the listed invasive plants with the result of a minimum of 95%of 0
target plants being killed Work shall be conducted pursuant to details stated in the current executed Task Assignment scope of work and any executed Change Order for this Task
Assignment.The FWC Contract Manager for the Invasive Plant Management Section may issue modifications to this Task Assignment altering the scope of the >
invasive plant control authorized(increase or decrease acres,add or remove plant species,change units or unit boundaries).The Section Leader ofthe Invasive Plant Management Sectiot U)
may issue modifications to this Task Assignment reducing the reimbursement amount and any changes to the Term.The Contractor is not authorized 0
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 Contrao
contrary to this Task Assignment shall be at the Contractor's expense.The Contractor is authorized to subcontract.
Deliverables
Contractor is to provide terrestrial vegetation control services on public conservation land as identified in the Task Assignment Scope of Work(Exhibit I) Contractor will perforrn vegetatii
control services to include,but not limited to,chemical treatment,mechanical removal,and hand pulling as needed per the task assignment.FWC will
reimburse contractor for all completed work as required for each task assignment.
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Invoicing Frequency and Financial Consequences
An invoice is submitted after work has been completed by the Contractor.All detailed invoice supporting documentation including,but not limited to,payroll information,Chemical invoice
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and approved and signed Weekly Progress Report forms shall be maintained on file and available upon request.Only costs directly related to the services being provided
may be reimbursed.One invoice must be submitted upon completion of work within the time-period given by the FWC Contract Manager.The invoice must reflect the FWC Contract
number,the Task Assignment number,and the Dates of Service.
If the Contractor materially fails to comply with the terms and conditions,including any Federal or State stages,rules or regulations,the FWC shall temporarily withhold cash payment
pending correction of the deficiency.Additionally,Rule 60A-1.006(3),F.A.C.governs the procedure and consequences of default.Financial consequences
for default by the Contractor include but are not limited to the requirement that Contractor reimburse FWC for reprocurement costs.
Task Assignment Start Date:Upon Execution Final Treatment Completion Date:08/14/2023
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Task Assignment Type: Fixed Price Amount Not To Exceed:S 100,000.00
Total Task Assignment Value:$100,000.00 Funding Type:3 K
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Funding Information:
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ORG PROJECT PID M
77358090200 3 EK 139900 FK-177 20222023 S100,000.00 97849391000
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MONROE COUNTY FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION 8,
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Contract Manager Date Contract Manager Date
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Mayor David Rice Date IPM Section Leader Date
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Other Date U)
MONROEGO YATTORNEY
APP,ROtJ AAS TO FORM
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PFTE-8 MORRis
ASSSTANT COUNTY ATTORNEY
Orde: __8/1/22 M
FWC Contract No. 13 10 1;Task Assignment FK-177. Packet Pg. 1798
RESPONSIBILITIES OF THE CONTRACTOR: G•2•a
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 knowledgeat
and remain within property and treatment boundaries.Every effort shall be made by the Contractor to avoid damage to native vegetation and wildlife; 0
4.Ground Crew Supervisors will be pesticide applicators possessing current certification by the Florida Department of Agriculture and Consumer Services(FDACS)in the h A it
Areas 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;
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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; 0
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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 coml 0 1
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"Weekly Progress Report Form";
7.The Contractor will strictly adhere to all herbicide label application,precautionary,and safety statements;
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8.All control efforts shall be at least 95%effective in preventing re-sprout of treated target vegetation.If 95%kill rate is not achieved for any area of the project sixty(60)da L)
after project completion,one additional thorough treatment of the plant species listed under"Project Goals"in the project area will be the responsibility of the Contractor at
cost to the FWC;
9.The Contractor shall provide written notification to the Contract Manager upon completion of treatment event(s);
10.The Contractor shall forward an original invoice along with all corresponding Weekly Progress Report Forms,completed and approved,to FWC Invasive Plant Managem (d
3800 Commonwealth Boulevard,MS 705,Tallahassee,Florida 32399-3000 within thirty(30)working days of final managing agency approval.
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RESPONSIBILITIES OF THE FWC SITE MANAGER: _
1.The Site Manager reserves the right to inspect,at any time,the Contractor's procedure,spray system(s),spray solution(s),and other ancillary equipment,and to approve ,
operating personnel. Inspection,however,will not relieve the Contractor of any obligations or responsibilities nor will it transfer any liability to the lands listed under"Project 2
Location"
2. No additional work can be added to this Task Assignment without a fully executed Change Order.Additional work includes additional treatment areas or change in treatr
methodology;
3.The site management agency authorizes FWC Invasive Plant Management staff to approve invoice payments of all funds encumbered under this Task Assignment.Payn
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.
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Packet Pg. 1799
FWC Contract No. 13101;Task Assignment FK-177. Page 2/2
Exhibit 1
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Scope Of Wor-lk
If:" .. J e t :II:in fo r im d o n
Project Title : Monroe County Maintenance 2022-2023
Fiscal Year : 2022-2023 E
Project Category : Large t0
Treatment Type Maintenance a
Task Assignment No : FK-177 g
Contact ICnµnforim donµn U)
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pI 0 11111 11111 M M YfMI III Mtl- Y MM MI MII�. 7 M 111
First Name Beth First Name Beth
Last Name Bergh Last Name Bergh
Addressl 2796 Overseas Hwy, Suite 400 Addressl 2798 Overseas Hwy, Suite 400
City : MARATHON City : MARATHON
State FL State FL
Zip 33050 Zip 33050
Primary Phone 305-289-2511 Primary Phone 305-289-2511
Email : bergh-beth@monroecounty-fl.gov Email id bergh-beth@monroecounty-fl.gov 2
Managed Area Monroe County Managed Areas
Total Acreage of Managed Area : 1,606
Lead Agency : Monroe County
Regional Working Group : Florida Keys
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Monroe County conservation lands are located throughout the Keys from Key West to Key Largo, with the majority o m e
lands located in the Lower Keys (south of the 7 Mile Bridge) and in Key Largo. They are either owned by Monroe Co ,-
owned by the State of FL and managed by the County through a management lease. There are approximately 4,200 0
parcels (1,900 acres) of Monroe Co conservation lands.
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G.2.a
RESPONSIBILITIES OF THE CONTRACTOR
Unless otherwise established in the Purchase Order(PO),the Contractor shall complete all work as set forth in the Project
Scope of Work in full compliance with the terms of the Contract.The responsibilities of the Contractor include (this is not
a complete list;refer to FWC RFP 17/18-82 for all requirements):
1.Upon issuance of a Purchase Order the Contractor shall:
a. Contact the Site Manager to discuss project operations within seven (7) days.
b. Initiate control operations at the specified project location within thirty (30) days of the issuance of the Purchase
Order, unless stated otherwise in the project Scope of Work, the PO, or email correspondence with the Site and FWC 6
Project Managers. If the Contractor fails to start work within said 30 day period,the Commission shall have the option U
to terminate the PO and assign it to another Contractor. 0
c. Enter start and end work dates in TIERS; if these dates change by more than one (1) week,they must be updated in
TIERS and the Site Manager notified. The Commission must approve all start dates after 30 days of Purchase Order
issuance date or change thereof. U)
d.Notify the Site Manager via electronic mail seven (7) days prior to entering the work site. 0
2.The Contractor is not authorized to perform work on any additional sites or plant species until FWC has fully executed
a Change Order for said additional work.Any work performed by the Contractor contrary to the Purchase Order shall be
at the Contractor's expense. M
3. Ground Crew Supervisors shall be responsible for:
a.coordination with the Site Manager on a daily/weekly basis;
b.all control activities and safety on project sites;
c.ensuring that all contract crews are knowledgeable of,and remain within property and treatment boundaries; A
d.ensuring that appropriate herbicide labels,Material Safety Data Sheets (MSDS),and a copy of the fully executed work
order with maps are on site;
e. ensuring every effort is made to avoid damage to native vegetation and wildlife by training workers on the
identification of target plants and"look-alike"native vegetation;
f.ensuring adherence to all decontamination protocols.
4. Ground crew supervisors may supervise a maximum of eight (8) field employees at any given time, unless otherwise
noted in the Purchase Order, or approved in writing by the Site and Project Managers. The designated supervisor must
stay with the crew at all times while work is occurring.
S.Ground crew supervisors shall be responsible for the collection,recording,and timely submission of all data and reports
required. At regular intervals determined by the Site Manager and at the completion of initial treatment and site
reassessment,a complete report will be submitted to the Site Manager in the TIERS database detailing sites treated,cover E
class of plants, and type of treatment used. This data will be recorded in the Weekly Progress Report (WPR). It is the
responsibility of the Contractor to submit complete and correct WPR(s)to the Commission. U)
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6. GPS units will be used to identify and document treatment area boundaries for each day worked. GPS tracks are used
for monitoring treatment.Each crew member must carry a Garmin GPS(track setting should collect least often),or a smart "
phone with an application capable of recording GPX format tracks. Submitting GPS tracks without actually conducting a
treatment shall be grounds for default. The Contractor will save project tracks for each project and (if requested) email
them to the Site Manager or the Project Manager.Retreatment tracks must be emailed to the Site and Project Managers.
7.The Contractor will be allowed to subcontract with a preapproved Subcontractor after prior written or electronic mail
approval of the Project Manager. CL
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8. Failure to comply with decontamination protocols constitutes reason for contract cancellation and dismissal of the <
Contractor.
9.The Contractor shall properly dispose of all herbicide and adjuvant containers.
10.The Contractor shall be responsible for the effective treatment of 100% of target vegetation identified in the project
Scope of Work, which results in a minimum of 95% of plants killed. A dead plant does not resprout from an original
root/rhizome system.All parts of the plant must be dead,not simply defoliated.If 100%of the area is not treated and/or
a 95%kill rate is not achieved for any area of the project after one to six months post-treatment,one additional thorough
treatment will be the responsibility of the Contractor at no cost to the Commission or contracting entities. The
Commission's decision as to the overall effectiveness of the treatment is final.All non-compliance must be resolved within uu,)
two months of notification,unless otherwise directed or approved by the Commission. If non-compliance is not resolved
within two months,the Contractor shall be responsible for treating any and all growth of plants within the non-compliance
area. Inspections and non-compliance notifications may occur during or after treatment. Non-compliance re-treatment
tracks must be turned into the Project and Site Managers.
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Packet Pg. 1801
G.2.a
The Three Points Rule
To ensure that the selected Contractor provides the best service to public conservation land managers,the Commission
has instituted a "Three Points Rule." Failure to fulfill the responsibilities below shall subject the Contractor to an
assessment of points as set forth in this RFP and FWC RFP 13/14-94.An accrual of three points shall cause the Contractor
to be ineligible to participate on any quote or project under any Commission Upland Invasive Plant Control Services o
contract for one calendar year after accrual of the third point.If the infraction is caused by the Contractors'subcontractor, 0
points will be accessed against both parties. If the Contractor has responsibilities for treatment or re-treatments
remaining at the time they are pointed out, failure to fulfill those requirements would be grounds for termination rather
than suspension unless otherwise stated by the Commission. Each point assessed will affect a contractor's eligibility for U
three years from the date it was assessed. Upon completion of one year of ineligibility, the Contractor's points reset to q
zero.Use of the"three points rule"does not preclude the Commission from exercising its rights to terminate for default or .2
convenience. >
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THREE POINT DEFAULT TABLE 0
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INFRACTION POINT'S 1�
1 Failure to notify the Site Manager within 7 days upon issuance of Purchase Order or 7 days 0.5 :5
prior to initiating work(unless authorized by Project Manager). Failure to enter and
update start/end dates in TIERS.
2 Absence of the assigned crew supervisor holding valid FDACS pesticide applicator license 1.0
in the Natural Areas Weed Management certification. A
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3 Failure to complete the task specifications by completion date. 1.5
Failure to treat 100%of target vegetation and/or conduct retreatment to achieve 95% 2.0
control level when directed by Site Manager or FWC Project Manager. L
5 Repeatedly submitting incorrect or incomplete progress reports,GPS tracks,or invoices. 0.5
6 Failure to obtain written approval to subcontract from FWC Contract Manager. 1.0
Subcontractors shall be evaluated prior to approval.
7 Unacceptable non-target damage. 1.0
8 Unacceptable site disturbance. 1.0
9 Herbicide contamination/spill. 1.0
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10 Failure to maintain communication with Site Manager on progress/problems and work 1.0
initiation or completion.
RESPONSIBILITIES OF THE SITE MANAGER
1. The Site Manager shall attend the "pre-quote meeting"for their project(s) to ensure that Contractors have sufficient
information about the project area,targeted species,and site conditions in order to provide a reliable quote for the work 0
to be conducted.
To assist the Site Manager in preparing for a pre-quote meeting on their property, FWC has created the "Site Manager 0
Checklist." C'
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2. The Site Manager shall be responsible for informing the awarded Contractor about timing of the treatment(s),
conflicting scheduled events, and current site conditions that may affect completion of the contracted work. The
Contractor is not responsible for any changes to the work specifications that have not been approved by FWC.
3. Prior to the commencement of an invasive plant removal project, the Site Manager shall address the necessity for a LL
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decontamination plan. If the Site Manager requires a plan, it shall be the responsibility of the Site Manager to inspect all
equipment prior to work commencing on the first day at the project site, on any occasion that the equipment leaves the
project site,and any time during the course of the control operation.
4.The Site Manager shall monitor the activities of the Contractor and thus reserves the right to inspect, at any time,the
Contractor's procedure, spray systems, spray solutions, and other ancillary equipment, and to approve or disapprove
operating personnel. However, inspection, or a lack thereof, shall not relieve the Contractor of any obligations or
responsibilities nor shall it transfer any liability to the land listed as"Project Location"in the Scope of Work or to FWC.
S. Before signing the Weekly Progress Report(s), the Site Manager shall verify that the content of the WPR(s) and GPS ;
tracks reflect control operations observed in the field and described in the approved Scope of Work.
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Packet Pg. 1802
Exhibit I
Description
Managed Area : Monroe County Managed Areas
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1l waNtat [Descripdon E
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See attached PDF document titled, "Natural Communities" 0
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F NA l' NaturalI Coirnirnun irk es >
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Fargeted I:::)Iants
Brazilian pepper Schinus terebinthifolia
lather leaf Colubrina asiatica
Australian pine Casuarina species U_
seaside mahoe, portia Thespesia populnea
scaevola, beach naupaka Scaevola taccada 0
Brazilian jasmine ( CT ) lasminum fluminense
lead tree Leucaena leucocephala
sapodilla Manilkara zapota
asparagus-fern Asparagus aethiopicus
Washington fan palm Washingtonia robusta
life plant CT Kalanchoe pinnata
wedelia CT Sphagneticola trilobata
coral vine CT,SS Antigonon leptopus E
castor bean Ricinus communis
tropical almond Terminalia catappa U)
schefflera, umbrella tree Schefflera actinophylla
(CIF) You have selected a species that FWC will only treat on a conditional basis. You may have to submit a detailed treatment plan, or justify U)
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this species should be included in this project. Please contact either John Kunzer or Jackie Smith for guidance.
(SS) The species in red are known to be senescent for a portion of the year. While their detectability and/or treatability may be low during this
senescence, the contractor is still responsible for treating them effectively at the contractual 100% treatment/95% kill rate. 76
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Other Fargeted I::)Iants
Hylocereus undatus
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Sansevieria hyacinthoides
Tradescantia spathacea
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Packet Pg. 1803
Exhibit 1
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2019 7.70 4,5,6,9,10,11,12 IPM BP, AP, Thespesia
pesia In
...........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
2020 400.06 All IPM All Cat 1 & 2 Maintenance
2021 250.00 Upper & Lower Keys IPM All Cat 1 & 2 Maintenance
2006 250.00 All IPM BP, AP, Thespesia, etc Maintenance
2007 10.00 2,5,12 ipm BP, AP, Thespesia, etc Initial
2007 500.00 All IPM All Cat 1 & 2 Maintenance .0
2008 16.00 2,4,5,12,16 IPM BP, AP, Thespesia Initial T
2008 500.00 All IPM All Cat 1 & 2 Maintenance E
E ....
IPM
2000 11.00 2,52 .5,12,1.6 IPM B BP,PAPhThespesia Initi
al Initial
L) ....
2010 500.00 All IPM All Cat 1 & 2 Maintenance .E
2011 7.00 5,12 IPM BP, AP, Thespesia Initial y
....
2011 500.00 All IPM All Cat 1 & 2 Maintenance
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2012 5.00 2,5,12,16 IPM BP,AP,Thespesia Initial C
0 ....
2012 500.00 All IPM All Cat 1 & 2 Maintenance L)
2013 500.00 All IPM All Cat 1 & 2 Maintenance
2014 500.00 All IPM All Cat 1 & 2 Maintenance M
2014 5.20 2,12 IPM BP, AP, Thespesia Initial
2015 200.00 All except 1,9,11,13,17„ IPM All Cat 1 &„ 2 Maintenance...
2015 5.00 2,10,12 IPM BP,AP,Thespesia Initial
2016 150.00 2,10,12,16,17 IPM All Cat 1 & 2 Maintenance LA
20.1.6......................6..00...........................................................................................5..... .2..............................................................................................IPM
............................................................B.P...A.P.......T. .e.S......pe.S.La.....................................................................................Ln.l.t.iall.a.l...................
2017 150.00 2,4,5,10,12,14,15,17 IPM BP,AP, Thespesia Maintenance
2017 5.50 2,4,5,10,12,14,15,17 IPM BP, AP, Thespesia Initial 2
2 0.1.8......................4..0.0..............................................................................8....9.....1.0.....1.2.................................................................................IPM
..............................................................B.P....A.P...T. .es......pes.1.a........................................................................................Initial
...................
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2018 150.00 Upper Keys IPM All Cat 1 & 2 Maintenance
2019 200.00 Lower Keys IPM All Cat 1 & 2 Maintenance _
2019 240.00 1,2,4,5,6,7,8,9,10,12 IPM All Cat 1 & 2 Maintenance
2020 400.00 All IPM All Cat 1 & 2 Maintenance v--
2021 260 0„0 All IPM All Cat 1 &„ 2 Maintenance
U in i t I[D e s rl p d O n
COVER CLASS I RANGE(%) 1) <1% 2)1-50/o 3)6-25% 4)26-50% 5)51-750/o 6)76-95% 7)95-1000/o �y
11111ME madriff IMEMIN !
Project is maintenance of previously treated / maintained 76
Units 231.50 Herbicide Maintenance sites, so exotic coverage, on average, will be no more than
3,4,5,7,10,11,12,15,17,18 for the selected parcels; newly acquired parcels to be treat
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may have exotics cover class 3 (6-25% coverage)
Total Treatment Acres: 231.50
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Packet Pg. 1804
Exhibit 1
G.2.a
Specifications
S..F I I[D II AID Work S pe ii fi d o n n
Contractor shall begin treatment where directed by the Site Manager and shall proceed in a systematic manner acro
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contiguous areas to ensure 100% of target vegetation is treated. Contractor will treat each target species by the m( E
effective method, such as basal bark or cut stump for trees and shrubs, and foliar for ferns, vines, and grasses. Sma
seedlings/saplings may be hand-pulled and bagged, or hung on branches of surrounding trees. Pulled seedlings/sapl L) >
should never be left on the ground. Climbing ferns and vines over six feet tall should be treated by the "poodle-cut" a
method. When girdling trees that are to be left standing, unless directed otherwise in writing, the girdling cuts may
be done in such a manner that structurally weakens the tree. Contractor shall follow all label directions for applied
herbicides. The label is the law. All herbicide mixes should contain the adjuvant(s) necessary to ensure an effective
treatment. A marker dye should be included in all tank mixes. Contractor shall be liable for unacceptable non-target
damage to native plant species. Disposal of plant material will be in accordance with the SOW, which may include o t0 :e
dumping and tipping fees. Contractor shall supply all transportation, chemicals, labor, and equipment necessary to
accomplish the work assigned, unless otherwise stated in the SOW (e.g., chemicals may be provided to Contractor).
Contractor shall fully complete a Weekly Progress Report (WPR) for all time worked on site and shall submit the WP M
the Site Manager (or designee) via TIERS. GPS tracks of each treatment area shall be recorded by Contractor and
provided to the Site Manager and the Commission weekly. Contractor will be responsible for security of work areas, 1
as closing and locking gates during and after work hours. Contractor shall decontaminate all equipment before enter
or leaving the project area to ensure that no propagules or reproductive materials are transported between treatmer
sites or managed areas. If the project specifications include 2 treatments of grasses, the second treatment may not iz
conducted until the expected regrowth is at least 1.5 feet high, or in shorter-length grass species, until the expectei
regrowth is at least 60% of the total expected leaf blade length.
I:::..:.q ii rnenn.t Consderadon
County to hire contractor; equipment considerations and decontamination protocols will be included in the County's
contract with the selected contractor.
th e r. IIR.e q W re rn e n n ts and Il:::I r.ov i s i o n s
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County to hire contractor in accordance with the County's purchasing procedures. The contracted crew will perform tl U)
work using hand tools only. Priorities for work include: maintaining previously treated sites; conducting sweeps of e
areas; and the removal of exotics from recently acquired properties. The County's contractor(s) will complete as ma )f
the listed units as possible within the contracted dollar amount. Therefore, not all sites listed in this proposal may ,-
completed. All work under this project will end by June 1, 2023. 0
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F II"t r"e te n e d, etc, S e it e
White-crowned pigeon, Key deer, Lower Keys marsh rabbit, Bartram's hairstreak butterfly, manchineel, cupania, skyt
clustervine. These areas will not be marked at the time of treatment.
r.oj e ct ...F ii r,n e F r.. ran e
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Timing of the Treatment: No Preference U)
2 treatments/cogon grass only
.Yes (° No
Does treatment date matter?
it" Yes 4 No E
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Can treatment occur on weekends? (Required)
.Yes 4 No
Packet Pg. 1805
Exhibit
Can treatment occur outside of normal business hours? (Required)
rYes 4,No �--------'
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Packet Pg. 1806
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Exhibit 1
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Uploaded docuirnents for the II:::Iropos II
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Exhibit I
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MONROE COUNTY MAINTENANCE TREATMENT PROJECT 2022-20'23
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Pre-bid location for Monroe County Maintenance Treatment Project 2022-2023
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MONROE COUNTY MAINTENANCE PROJECT 2022-2023
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Natural Communities: The majority of the County's conservation lands to be treated as
part of the current project are located within one of the units listed below. Note, not all
parcels within each unit will be treated: U
UNIT KEY Approx# of NATURAL COMMUNITY*
Acres to be
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3 Cudjoe 33 Buttonwood/Saltmarsh;hardwood
(Cudjoe Acres) hammock/ marine wetlands
4 Cudjoe 28.4 Buttonwood/Saltmarsh;hardwood
(Cutthroat) hammock
5 Summerland 33.3 Hardwood hammock;
buttonwood/saltmarsh;marine A
wetlands
7 Little Torch 13.1 Hardwood hammock;Buttonwood/
saltmarsh -
10 Big Pine 29.9 Pine rocklands;hardwood hammock
(Palm Villa)
11 Big Pine 6.9 Hardwood hammock;Buttonwood/
(Dr's Arm) saltmarsh
12 Big Pine 35.5 Hardwood hammock;pine rockland
(Sands)
15 Key Largo 19.3 Hardwood hammock
(Bay Haven)
17 Key Largo 12.6 Hardwood hammock;buttonwood U)
(Silver Lake) wetlands
18 Key Largo 19.5 Hardwood hammock U)
(Pamela Villa)
Total 231.5 >
*All units also contain"disturbed" communities
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MONROE COUNTY MAINTENANCE PROJECT 2022-2023
LOCATION MAPS
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Exhibit 2
TASK ASSIGNMENT INVOICE REPORTING FORM
FWC CONTRACT NO.13101
Task Assignment Number:FK-177
Invoice#
This form must be submitted with final invoice.All data fields are required. E
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For each Public Conservation Land(PCL)enter the Individual PCL Treatment Cost using FWC dollars only.For each target species controlled:enter the U
name(common or scientific),the cover class for Maintenance and/or Initial acres(per below),the chemical type of the herbicide used,the%rate of herbicide �
applied,and the total quantity of herbicide(not mix)applied.Enter the total number of unit/PCL acres traversed once for initial(site never treated)or maintenance( "M
prior treatment)treatments(a single unit cannot be both). >
COVER CLASS I RANGE(%) I 01<1%1 111-5% 215-25%1 3125-50% 1 4150-75% 1 5175-95% 1 6195-100% U)
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First PCL Name:
Individual PCL Treatment Cost(using FWC funds):S Z3
Maintenance
Initial Acres Initial Cover Maintenance Gallon -0
Plant Controlled Herbicide Rate%
Traversed Class Acres Cover Class Apphet
Traversed
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Second PCL Name:
Individual PCL Treatment Cost(using FWC funds):S
Maintenance
Plant Controlled Initial Acres Initial Cover Acres Maintenance Herbicide Rate% Gallon
Traversed Class Cover Class Applies
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Third PCL Name:
Individual PCL Treatment Cost(using FWC funds):S
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FWC Contract No. 13101;Task Assignment FK-177. Page t/t
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FWC Contract No. 13101
STATE OF FLORIDA
FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
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CONTRACT No. 13101 E
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The FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, whose address is
620 South Meridian Street,Tallahassee,Florida 32399-1600,hereafter"Commission," and MONROE
COUNTY, FLORIDA, 59-6000749-011, whose address is Monroe County Board of County
Commissioners, 1100 Simonton St., Key West, Florida, 33040,hereinafter"Contractor", U)
collectively, "Parties". 0
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INTRODUCTORY CLAUSES
The Commission and Contractor intend to partner together to to perform upland invasive 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 D and E, 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 A (Scope of Work) and all attachments and
exhibits named herein which are attached hereto and incorporated by reference. Each project to U-
be performed by the Contractor shall be authorized by a separate task assignment notification
form. No minimum amount is guaranteed under this Contract. For services rendered the
Commission shall pay on a combination fixed price/cost reimbursement/fee schedule basis as
specified in each executed Task Assignment.
The Contractor shall satisfactorily perform the services described in each executed Task IZ
Assignment and executed 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.
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The Commission has awarded this Contract pursuant to the requirements of Section 287.057,
Florida Statutes; and
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Such benefits are for the ultimate good of the State of Florida, its resources, wildlife, and public
welfare.
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TERMS OF THE CONTRACT
The Commission and the Contractor,for the considerations stated in this Contract, agree as
follows:
1. PROJECT DESCRIPTION. The Contractor shall provide the services and products, and 0
perform the specific responsibilities and obligations, as set forth in the Scope of Work, attached
hereto as Attachment A and made a part hereof(hereafter, Scope of Work). The Scope of Work
specifically identifies project tasks and accompanying deliverables. These deliverables must be c3
submitted and approved by the Commission prior to any payment. The Commission will not
accept any deliverable that does not comply with the specified required minimum level of service
to be performed and the criteria for evaluating the successful completion of each deliverable. If
this Contract was competitively procured,the Contractor's response to the Commission's E
solicitation is hereby incorporated by reference.
Ver. November 14, 2013 -Page 1 of 22
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FWC Contract No. 13101
2. PERFORMANCE.
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A. Contractor Performance.The Contractor shall perform the activities described in the U)
Scope of Work in a proper and satisfactory manner. Unless otherwise provided for in the
Scope of Work, any and all equipment,products or materials necessary or appropriate to 0
perform under this Contract shall be supplied by the Contractor.Contractor shall obtain c)
all necessary local,state, and federal authorizations necessary to complete this project, 0
and the Contractor shall be licensed as necessary to perform under this Contract as may
be required by law,rule, or regulation; the Contractor shall provide evidence of such
compliance to the Commission upon request.The Contractor shall procure all supplies
and pay all charges,fees,taxes and incidentals that may be required for the completion of c,
this Contract. By acceptance of this Contract,the Contractor warrants that it has the
capability in all respects totally perform the requirements and the integrity and reliability
that will assure good-faith performance as a responsible Contractor. Contractor shall
immediately notify the Commission's Contract Manager in writing if its ability to
perform under the Contract is compromised in any manner during the term of the
Contract. The Commission shall take appropriate action,including potential termination T
of this Contract pursuant to paragraph eleven(11) Remedies,below,in the event
Contractor's ability to perform under this Contract becomes compromised.
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B. Contractor—Quarterly Minority and Service-Disabled Veteran Business Enterprise
Report.Contractor shall provide a quarterly Minority and Service-Disabled Veteran
Business Enterprise Report to the Commission's Contract Manager, summarizing the
participation of certified and non-certified minority and service-disabled veteran
subcontractors/material suppliers for the current quarter and project to date.The report
shall include the names, addresses and dollar amount of each certified and non-certified
Minority Business Enterprise and Service-Disabled Veteran Enterprise participant and a
copy must be forwarded to the Commission's Contract Manager. The Office of Supplier
Diversity at(850)487-0915 will assist in furnishing names of qualified minorities. The U)
Commission's Minority Coordinator at(850)488-3427 will assist with questions and
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answers. U)
C. Contractor Responsibilities.Contractor agrees that all Contractor employees, 0
subcontractors,or agents performing work under the Contract shall be properly trained
technicians who meet or exceed any specified training qualifications. Upon request,
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Contractor shall furnish a copy of technical certification or other proof of qualification. CL
All employees, subcontractors, or agents performing work under the Contract must <-
comply with all security and administrative requirements of the Commission. The le
Commission may conduct, and Contractor shall cooperate in, a security background N
check or otherwise assess any employee, subcontractor, or agent furnished by Contractor.
The Commission may refuse access to, or require replacement of, any personnel for
cause,including,but not limited to,technical or training qualifications, quality of work, 0
change in security status, or non-compliance with the Commission's security or other
requirements. Such refusal shall not relieve Contractor of its obligation to perform all
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work in compliance with the Contract. The Commission may reject and bar from any U
facility for cause any of Contractor's employees, subcontractors, or agents.
D. Commission Rights to Assign or Transfer.Contractor agrees that the State of Florida
shall at all times be entitled to assign or transfer its rights, duties, or obligations under this
Contract to another governmental agency in the State of Florida,upon giving prior
written notice to Contractor.
Ver. November 14, 2013 -Page 2 of 22
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FWC Contract No. 13101
3. CONTRACT PERIOD.
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A. Contract Period and Limited Obligation Period.This Contract shall begin upon E
execution by both Parties or July 1, 2014 (whichever is later) and end June 30, 2024, E
inclusive. The Commission shall not be obligated to pay for costs related to this Contract U
prior to its beginning date or after its ending date.
B. Renewal—Competitive Procurement.If this Contract was competitively procured,the
renewal price(s) must be set forth in the Contractor's response to the Commission's bid
document. The renewal price(s) for this Contract are included in the Scope of Work. If U
applicable,renewal of this Contract shall be subject to the availability of funds,
satisfactory performance evaluations by the Commission, and at the discretion of the
Commission; it must also be in writing and subject to the same terms and conditions of
this Contract. Renewal amendments must be executed prior to the end date of the
Contract. Any costs associated with a renewal may not be passed onto the Commission.
C. Renewal—Exceptional Purchase.If this Contract was procured by an exceptional -
purchase pursuant to Subsections 287.057(3)(a) or(3)(c),Florida Statutes (F.S.),it may
not be renewed. Subsection 287.057(13),F.S.,provides that contracts for commodities or -
contractual services may be renewed for up to three (3)years, or for a total term not to
exceed the original Contract period, whichever is longer. If applicable,renewal of this
Contract shall be subject to the availability of funds, satisfactory performance evaluations
by the Commission, and at the discretion of the Commission; it must also be in writing
and subject to the same terms and conditions of this Contract. Renewal amendments must
be executed prior to the end date of the Contract. Any costs associated with a renewal
may not be passed onto the Commission.
D. Renewal Period.This Contract may not be renewed. If this contract was competitively
procured,the renewal price(s) must be set forth in the Contractor's response to the
Commission's bid document. The renewal price(s)for this Contract are included in the
Scope of Work.
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E. Extension.If this is a contract for contractual services, any extension of this contract as
provided for in the Scope of Work shall be in writing for a period not to exceed six (6) 0
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months and shall be subject to the same terms and conditions set forth in the initial CL
contract.There shall be only one extension of this contract unless the failure to meet the <
criteria set forth in the contract for completion of the contract is due to events beyond the MT
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control of the contractor. N
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4. COMPENSATION AND PAYMENTS.
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A. Compensation.As consideration for the services rendered by the Contractor under the
terms of this Contract,the Commission shall pay the Contractor on a cost reimbursement
basis in an amount not to exceed$4,000,000.00 U
B. Payments.The Commission shall pay the Contractor for satisfactory performance of the ;
tasks identified in the Scope of Work, as evidenced by the completed deliverables,upon
submission of invoices, accompanied by supporting documentation sufficient to justify
invoiced expenses or fees, and after acceptance of services and deliverables in writing by
the Commission's Contract Manager,identified in paragraph twelve(12),below. Unless <
Ver.November 14, 2013 -Page 3 of 22
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FWC Contract No. 13101
otherwise specified in the Scope of Work, invoices shall be due monthly, commencing
from the start date of this Contract. Invoices must be legible and must clearly reflect the g
goods or services that were provided in accordance with the terms of the Contract for the U)
invoice period. Unless otherwise specified in the Scope of Work, a final invoice shall be
submitted to the Commission no later than 45 days following the expiration date of this o
Contract to assure the availability of funds for payment. Costs under this Contract must U
be obligated and all work completed by the Contractor by the end of the Contract period
identified in paragraph three(3).
C. Invoices.Each invoice shall include the Commission Contract Number and the
Contractor's Federal Employer Identification(FEID)Number. Invoices may be U
submitted electronically. If submitting hard copies, an original and two(2)copies of the
invoice,plus all supporting documentation, shall be submitted. All bills for amounts due
under this Contract shall be submitted in detail sufficient for a proper pre-audit and
post-audit thereof. Contractor acknowledges that the Commission's Contract Manager
shall reject invoices lacking documentation necessary to justify invoiced expenses.
D. Travel Expenses.If authorized in the Scope of Work,travel expenses shall be M
reimbursed in accordance with Section 112.061,F.S.
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E. State Obligation to Pay.The State of Florida's performance and obligation to pay under
this Contract is contingent upon an annual appropriation by the Legislature. The parties
hereto understand that this Contract and any renewal thereof is not a commitment to
future appropriations,but is subject to appropriation and authority to spend provided by
the Legislature. The Commission shall be the final authority as to the availability of
funds for this Contract, and as to what constitutes an "annual appropriation" of funds to
complete this Contract. If such funds are not appropriated or available for the Contract
purpose, such event will not constitute a default on behalf of the Commission or the
State. The Commission's Contract Manager shall notify Contractor in writing at the
earliest possible time if funds are not appropriated or available.
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F. Non-Competitive Procurement and Rate of Payment.Section 216.3475,F.S.,requires M
that under non-competitive procurements, a Contractor may not receive a rate of payment 0
in excess of the competitive prevailing rate for those services unless expressly authorized
in the General Appropriations Act. If applicable, Contractor warrants,by execution of
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this Contract,that the amount of non-competitive compensation provided in this Contract CL
is in compliance with Section 216.3475,F.S.
G. Professional Services—Truth-In-Negotiation Certificate. If this Contract is for c�
professional services and contains a lump-sum or a cost-plus-a-fixed-fee form of
compensation which exceeds the threshold of Category Four($195,000) as provided in
Section 287.017,F.S.,then: o
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a. The Contractor must execute a Truth-in-Negotiations Certificate stating that wage
rates and other factual unit costs supporting the compensation are accurate, complete, U
and current at the time of contracting,pursuant to Section 287.055(5),F.S.
b. The original contract price and any additions will be adjusted to exclude any
significant sums by which the Commission determines the contract price was
increased due to inaccurate, incomplete, or noncurrent wage rates. All such contract
adjustments must be made within one(1)year following the end of this Contract.
Ver. November 14, 2013 -Page 4 of 22
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FWC Contract No. 13101
H. Time Limits for Payment of Invoices.Payments shall be made in accordance with
Sections 215.422 and 287.0585,F.S., governing time limits for payment of invoices.
Section 215.422,F.S.provides that agencies have five(5) working days to inspect and
approve goods and services,unless bid specifications or the Scope of Work, specifies E
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otherwise. If payment is not available within forty (40)days,measured from the latter of U
the date the invoice is received or the goods or services are received,inspected and
approved, a separate interest penalty set by the Department of Financial Services
pursuant to Section 55.03(1),F.S., will be due and payable in addition to the invoice
amount. Invoices returned to a vendor due to preparation errors will result in a payment
delay. Invoice payment requirements do not start until a properly completed invoice is U
provided to the agency.
1. Electronic Funds Transfer. Contractor agrees to enroll in Electronic Funds Transfer
(EFT), offered by the State's Chief Financial Officer, within thirty(30) days of the date
the last Party has signed this Contract. Copies of the Authorization form and a sample
blank enrollment letter can be found on the vendor instruction page at:
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http://www.fldfs.conVaadir/direct deposit web/Vendors.htm M
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Questions should be directed to the State of Florida's EFT Section at(850)413-5517.
Once enrolled, invoice payments will be made by EFT.
J. Vendor Ombudsman.A Vendor Ombudsman, whose duties include acting as an
advocate for vendors who may be experiencing problems in obtaining timely payment(s)
from a State agency, may be contacted at(850) 413-5516 or by calling the Chief
Financial Officer's Hotline, (800) 342-2762.
5. CERTIFICATIONS AND ASSURANCES.Upon execution of this Contract by the Contractor,
the Contractor shall complete, sign and return to the Commission's Contract Manager a
completed copy of the form entitled"Certifications and Assurances,"attached hereto and
incorporated as Attachment B. This includes: Debarment and Suspension Certification;
Certification Against Lobbying; Certification Regarding Public Entity Crimes; and Certification 0
Regarding the Scrutinized Companies List(applicable to contracts for goods or services in excess
of$1 million); Attachment B,incorporated and made part of this Contract.
f. MYFLORIDAMARKETPLACE VENDOR REGISTRATION AND TRANSACTION
FEE.
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A. MyFloridaMarketPlace.In accordance with Rule 60A-1.030 of the Florida
Administrative Code(F.A.C.), each vendor doing business with the State for the sale of
commodities or contractual services as defined in Section 287.012,F.S., shall register in
the MyFloridaMarketPlace system,unless exempted under Rule 60A-1.030(3),F.A.C.
Information about the registration process is available, and registration may be
completed, at the MyFloridaMarketPlace website(link under Business on the State portal t j
at www.myflorida.com). Interested persons lacking Internet access may request
assistance from the MyFloridaMarketPlace Customer Service at(866-352-3776) or from
State Purchasing,4050 Esplanade Way, Suite 300,Tallahassee,Florida 32399.
B. Transaction Fee.Pursuant to Section 287.057(22),F.S., all payments,unless exempt
under Rule 60A-1.030(3),F.A.C., shall be assessed a Transaction Fee of one percent
Ver.November 14, 2013 -Page 5 of 22
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FWC Contract No. 13101
(1.0%), which the Contractor shall pay to the State.For payments within the State
accounting system(Florida Accounting Information Resource, FLAIR, or its successor), g
the Transaction Fee shall, when possible,be automatically deducted from payments to the U)
Contractor. If automatic deduction is not possible,the Contractor shall pay the
Transaction Fee pursuant to Rule 60A-1.031(2),F.A.C. By submission of these reports 0
and corresponding payments, Contractor certifies their correctness. All such reports and U
payments shall be subject to audit by the State or its designee. o
C. Transaction Fee Credits.The Contractor shall receive a credit for any Transaction Fee
paid by the Contractor for the purchase of any items(s)if such items(s) are returned to the C
Contractor through no fault, act, or omission of the Contractor. Notwithstanding the U
foregoing, a Transaction Fee is non-refundable when an item is rejected or returned, or
declined, due to the Contractor's failure to perform or comply with specifications or
requirements of the Contract. Failure to comply with these requirements shall constitute
grounds for declaring the Contractor in default and recovering re-procurement costs from
the Contractor in addition to all outstanding fees. VENDORS DELINQUENT IN
PAYING TRANSACTION FEES MAY BE EXCLUDED FROM CONDUCTING
FUTURE BUSINESS WITH THE STATE.
7. RETURN OR RECOUPMENT OF FUNDS. _
A. Overpayments to Contractor.Contractor shall return to the Commission any
overpayments due to unearned funds or funds disallowed pursuant to the terms of this
Contract that were disbursed to Contractor by the Commission. In the event that
Contractor or its independent auditor discovers that overpayment has been made,
Contractor shall repay said overpayment within forty (40) calendar days without prior
notification from the Commission. In the event that the Commission first discovers an
overpayment has been made,the Commission will notify Contractor in writing. Should
repayment not be made in a timely manner,the Commission shall be entitled to charge
interest at the lawful rate of interest established pursuant to Section 55.03(1),F.S., on the
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outstanding balance beginning forty (40) calendar days after the date of notification or
discovery. Refunds should be sent to The Commission's Contract Manager, and made
payable to the"The Florida Fish and Wildlife Conservation Commission." 0
B. Additional Costs or Monetary Loss Resulting from Contractor Non-Compliance.If LM
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Contractor's non-compliance with any provision of the Contract results in additional cost CL
or monetary loss to the Commission or the State of Florida, the Commission can recoup <
that cost or loss from monies owed to Contractor under this Contract or any other
contract between Contractor and the Commission. In the event that the discovery of this c�
cost or loss arises when no monies are available under this Contract or any other contract
between Contractor and the Commission, Contractor will repay such cost or loss in full to
the Commission within thirty (30)days of the date of notice of the amount owed,unless 0
the Commission agrees, in writing,to an alternative timeframe. If the Contractor is
unable to repay any cost or loss to the Commission, the Commission shall notify the State
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of Florida,Department of Financial Services,for resolution pursuant to Section 17.0415, U
F.S.
8. COMMISSION EXEMPT FROM TAXES,PROPERTY EXEMPT FROM LIEN. 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.
Ver.November 14, 2013 -Page 6 of 22
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FWC Contract No. 13101
The Contractor acknowledges that Property being improved is titled to the State of Florida,
belongs to the State of Florida, and is not subject to lien of any kind for any reason. The
Contractor shall include notice of such exemptions in any subcontracts and purchase orders
issued hereunder E
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9. MONITORING. The Commission's Contract Manager shall actively monitor Contractor's U
performance and compliance with the terms of this Contract. The Commission reserves the right
for any Commission staff to make scheduled or unscheduled, announced or unannounced
monitoring visits. Specific monitoring terms, conditions, and schedules may be included in the
Scope of Work.
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10. TERMINATION.
A. Commission Unilateral Termination.The Commission may unilaterally terminate this
Contract for convenience by providing the Contractor with thirty (30) calendar days of
written notice of its intent to terminate. Contractor shall not be entitled to recover any
cancellation charges or lost profits.
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B. Termination—Fraud or Willful Misconduct.This Contract shall terminate
immediately in the event of fraud or willful misconduct on the part of the Contractor. In 2
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the event of such termination,the Commission shall provide Contractor with written
notice of termination.
C. Termination-Funds Unavailability.In the event funds to finance this Contract become
unavailable or if federal or state funds upon which this Contract is dependent are
withdrawn or redirected, the Commission may terminate this Contract upon no less than
twenty-four(24)hours notice in writing to Contractor. Said notice shall be delivered by
certified mail,return receipt requested or in person with proof of delivery. The
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Commission shall be the final authority as to the availability of funds and will not
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reallocate funds appropriated for this Contract to another program thus causing"lack of U)
funds." In the event of termination of this Contract under this provision, Contractor will 119
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be compensated for any work satisfactorily completed prior to notification of termination. M
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D. Termination—Other.The Commission may terminate this Contract if the Contractor
fails to: 1.) comply with all terms and conditions of this Contract; 2.)produce each 0
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deliverable within the time specified by the Contract or extension; 3.) maintain adequate CL
progress,thus endangering the performance of the Contract; or,4.) abide by any <
statutory, regulatory, or licensing requirement. Rule 60A-1.006(3),F.A.C., governs the le
procedure and consequences for default. The rights and remedies of the Commission in
this clause are in addition to any other rights and remedies provided by law or under the
Contract. Contractor shall not be entitled to recover any cancellation charges or lost
profits.
E. Contractor Discontinuation of Activities upon Termination Notice.Upon receipt of
notice of termination,the Contractor shall,unless the notice directs otherwise,
immediately discontinue all activities authorized hereunder. Upon termination of this
Contract,the Contractor shall promptly render to the Commission all property belonging
to the Commission. For the purposes of this section,property belonging to the
Commission shall include,but shall not be limited to, all books and records kept on E
behalf of the Commission.
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FWC Contract No. 13101
11. REMEDIES.
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A. Financial Consequences.In accordance with Section 287.058(1)(h),F.S., the Scope of U)
Work, contains clearly defined deliverables. If Contractor fails to produce each
deliverable within the time frame specified by the Scope of Work,the budget amount 0
allocated for that deliverable will be deducted from Contractor's payment. The U
Commission shall apply any additional financial consequences identified in the Scope of 0
Work.
B. Cumulative Remedies.The rights and remedies of the Commission in this paragraph are
in addition to any other rights and remedies provided by law or under the Contract. U
12. NOTICES AND CORRESPONDENCE. Any and all notices shall be delivered to the
individuals identified below. In the event that any Party designates a different Contract Manager
after the execution of this Contract, the Party will provide written notice of the name, address, zip
code,telephone and fax numbers, and email address of the newest Contract Manager or
individual authorized to receive notice on behalf of that Party to all other Parties as soon as
possible,but not later than five(5)business days after the new Contract Manager has been M
named. A designation of a new Contract Manager shall not require a formal amendment to the
Contract. -
FOR THE COMMISSION: FOR THE CONTRACTOR:
Contract Manager Contract Manager
Beth Bergh
Environmental Scientist III Land Steward
V-
Monroe County
3800 Commonwealth Blvd. #705 2798 Overseas Highway. Suite 400
Tallahassee, FL 32399 Marathon,FL 33050
850.617.9427 305.289.2511 U)
, I" 305.289.2854
Ruark.cleary@myfwc.com Bergh-Beth@monroecounty-fl.gov
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13. AMENDMENT. U
A. Waiver or Modification.No waiver or modification of this Contract or of any covenant,
condition, or limitation herein contained shall be valid unless in writing and lawfully
executed by both parties.
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FWC Contract No. 13101
B. Change Orders.The Commission may, at any time,by written order,make a change to
this Contract. Such changes are subject to the mutual agreement of both parties as
evidenced in writing. Any change which causes an increase or decrease in the U)
Contractor's cost or time shall require an Amendment. Minor changes, such as those E
updating a party's contact information, may be accomplished by a Modification. E
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C. Renegotiation upon Change in Law or Regulations.The Parties agree to renegotiate
this Contract if federal and/or state revisions of any applicable laws or regulations make
changes in the Contract necessary.
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14. INTELLECTUAL PROPERTY RIGHTS. U
A. Contractor's Preexisting Intellectual Property(Proprietary)Rights.Unless
specifically addressed otherwise in the Scope of Work, intellectual property rights to the
Contractor's preexisting property will remain with the Contractor. Contractor shall
indemnify and hold harmless the Commission and its employees from any liability,
including costs,expenses, and attorney's fees,for or on account of any copyrighted, _
patented, or un-patented invention,process or article manufactured or supplied by _
Contractor.
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B. Proceeds Related to Intellectual Property Rights.Proceeds derived from the sale,
licensing, marketing or other authorization related to any intellectual property right
created or otherwise developed by the Contractor under this Contract for the Commission
shall be handled in the manner specified by applicable state statute.
C. Commission Intellectual Property Rights.Where activities supported by this Contract
produce original writing, sound recordings,pictorial reproductions, drawings or other
graphic representation and works of any similar nature,the Commission and the State of
Florida have the unlimited,royalty-free,nonexclusive,irrevocable right to use,duplicate
and disclose such materials in whole or in part,in any manner,for any purpose
whatsoever and to have others acting on behalf of the Commission to do so. If this
Contract is supported by federal funds,the federal awarding agency reserves a royalty-
free,nonexclusive and irrevocable right to reproduce,publish, or otherwise use the work 0
for federal purposes, and to authorize others to do so.
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15. RELATIONSHIP OF THE PARTIES. CL
A. Independent Contractor.The Contractor shall perform as an independent contractor
and not as an agent,representative, or employee of the Commission. The Contractor
covenants that it presently has no interest and shall not acquire any interest that would
conflict in any manner or degree with the performance of services required. Each party
hereto covenants that there is no conflict of interest or any other prohibited relationship
between the Contractor and the Commission.
B. Contractor Training Qualifications. Contractor agrees that all Contractor employees, t j
subcontractors,or agents performing work under the Contract shall be properly trained
technicians who meet or exceed any specified training qualifications. Upon request, ;
Contractor shall furnish a copy of technical certification or other proof of qualification.
E
C. Commission Security.All employees, subcontractors, or agents performing work under
the Contract must comply with all security and administrative requirements of the
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Commission.The Commission may conduct, and Contractor shall cooperate in, a security
background check or otherwise assess any employee, subcontractor, or agent furnished
by Contractor. The Commission may refuse access to, or require replacement of, any M
personnel for cause,including,but not limited to,technical or training qualifications,
quality of work, change in security status, or non-compliance with the Commission's 0
security or other requirements. Such refusal shall not relieve Contractor of its obligation U
to perform all work in compliance with the Contract. The Commission may reject and
bar from any facility for cause any of Contractor's employees, subcontractors, or agents.
D. Commission Rights to Assign or Transfer.Contractor agrees that the State of Florida
shall at all times be entitled to assign or transfer its rights, duties, or obligations under this U
Contract to another governmental agency in the State of Florida,upon giving prior
written notice to Contractor.
E. Commission Rights to Undertake or Award Supplemental Contracts. Contractor
agrees that the Commission may undertake or award supplemental contracts for work
related to the Contract. Contractor and its subcontractors shall cooperate with such other _
contractors and the Commission in all such cases.
16. SUBCONTRACTS. _
A. Authority. Contractor is permitted to subcontract work under this Agreement,
therefore,the following terms and conditions apply.If Contractor is authorized to
subcontract, Contractor shall ensure, and provide assurances to the Commission upon
request,that any subcontractor selected for work under this Contract has the necessary
qualifications and abilities to perform in accordance with the terms and conditions of this
Contract. Contractor must provide the Commission with the names of any subcontractor
considered for work under this Contract;the Commission reserves the right to reject any C
subcontractor. Contractor agrees to be responsible for all work performed and all
expenses incurred with the project. Any subcontract arrangements must be evidenced by
a written document available to the Commission upon request. Contractor further agrees
that the Commission shall not be liable to any subcontractor for any expenses or
liabilities incurred under the subcontract and Contractor shall be solely liable to the 0
subcontractor for all expenses and liabilities incurred under the subcontract. Contractor,
at its expense, will defend the Commission against such claims. The following provisions 0
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apply,in addition to any terms and conditions included in the Scope of Work. CL
B. Contractor Payments to Subcontractor.If subcontracting is permitted pursuant to
Paragraph A, above, Contractor agrees to make payments to the subcontractor within c�
seven (7)working days after receipt of full or partial payments from the Commission in
accordance with Section 287.0585,F.S.,unless otherwise stated in the contract between
Contractor and subcontractor. Contractor's failure to pay its subcontractors within seven 0
(7) working days will result in a penalty charged against Contractor and paid to the
subcontractor in the amount of one-half of one(1)percent of the amount due per day
from the expiration of the period allowed herein for payment. Such penalty shall be in t j
addition to actual payments owed and shall not exceed fifteen (15)percent of the
outstanding balance due. ..
C. Commission Right to Reject Subcontractor Employees.The Commission shall retain
the right to reject any of Contractor's or subcontractor's employees whose qualifications
or performance, in the Commission's judgment, are insufficient.
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FWC Contract No. 13101
D. Subcontractor as Independent Contractor.If subcontracting is permitted pursuant to
Paragraph A above, Contractor agrees to take such actions as may be necessary to ensure U)
that each subcontractor will be deemed to be an independent contractor and will not be E
considered or permitted to be an agent, servant,joint venturer, or partner of the State of E
Florida. U
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17. MANDATORY DISCLOSURE.
A. Disclosure of Interested State Employees.This Contract is subject to Chapter 112,F.S.
Contractors shall disclose the name of any officer,director, employee, or other agent who U
is also an employee of the State of Florida. Contractors shall also disclose the name of
any State employee who owns, directly or indirectly, an interest of five percent(5%) or
more in Contractor or its affiliates.
B. Prompt Disclosure of Litigation,Investigations,Arbitration,or Administrative
Proceedings.Throughout the term of the Contract, Contractor has a continuing duty to
promptly disclose to the Commission's Contract Manager, upon occurrence, all civil or U-
criminal litigation,investigations, arbitration,or administrative proceedings
(Proceedings)relating to or affecting the Contractor's ability to perform under this -
contract. If the existence of such Proceeding causes the Commission concern that the
Contractor's ability or willingness to perform the Contract is jeopardized, Contractor may
be required to provide the Commission with reasonable assurances to demonstrate that:
a.) Contractor will be able to perform the Contract in accordance with its terms and
conditions; and,b.)Contractor and/or its employees, agents or subcontractor(s)have not
V-
and will not engage in conduct in performing services for the Commission which is
similar in nature to the conduct alleged in such Proceeding.
18. INSURANCE. U)
U)
A. Reasonably Associated Insurance.During the term of the Contract, Contractor, at its
sole expense, shall maintain insurance coverage of such types and with such terms and
limits as may be reasonably associated with the Contract. Providing and maintaining 0
adequate insurance coverage is a material obligation of the Contractor, and failure to
maintain such coverage may void the Contract. The limits of coverage under each policy 0
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maintained by Contractor shall not be interpreted as limiting Contractor's liability and CL
obligations under the Contract. All insurance policies shall be through insurers licensed
and authorized to write policies in Florida.
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B. Workers Compensation.To the extent required by Chapter 440,F.S.,the Contractor
will either be self-insured for Worker's Compensation claims, or will secure and maintain
during the life of this Contract,Workers' Compensation Insurance for all of its 0
employees connected with the work of this project, with minimum employers' liability
limits of$100,000 per accident, $100,000 per person, and$500,000 policy aggregate.
Such policy shall cover all employees engaged in any contract work. If any work is t j
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' E
Compensation law(Chapter 440,F.S.). In case any class of employees engaged in
hazardous work under this Contract is not protected under Workers' Compensation
Ver. November 14, 2013 -Page 11 of 22
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FWC Contract No. 13101
statutes,the Contractor shall provide, and cause each subcontractor to provide, adequate
insurance satisfactory to the Commission,for the protection of its employees not
otherwise protected. Employers who have employees who are engaged in work in U)
Florida must use Florida rates,rules, and classifications for those employees.
0
C. General Liability Insurance.By execution of this Contract,unless Contractor is a state U
agency or subdivision as defined by Subsection 768.28(2),F.S. or unless otherwise
provided for in the Scope of Work,Contractor shall provide reasonable and adequate
commercial general liability insurance coverage and hold such liability insurance at all
times during the Contract. A self-insurance program established and operating under the
laws of the State of Florida may provide such coverage. U
D. Insurance Required for Performance.During the Contract term, Contractor shall
maintain any other types and forms of insurance required for the performance of this
Contract as required in the Scope of Work.
E. Written Verification of Insurance.Upon execution of this Contract, Contractor shall T
U.
provide the Commission written verification of the existence and amount for each type of M
applicable insurance coverage. Within thirty(30) days of the effective date of the
Contract, Contractor shall furnish proof of applicable insurance coverage to the U.
Commission's Contract Manager by standard Association for Cooperative Operations
Research and Development(ACORD)form certificates of insurance. In the event that
any applicable coverage is cancelled by the insurer for any reason,Contractor shall
immediately notify the Commission's Contract Manager in writing of such cancellation
and shall obtain adequate replacement coverage conforming to the requirements herein
and provide proof of such replacement coverage within fifteen(15)business days after
the cancellation of coverage.
F. Commission Not Responsible for Insurance Deductible.The Commission shall be
exempt from, and in no way liable for, any sums of money representing a deductible in
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any insurance policy. The payment of such deductible shall be the sole responsibility of
Contractor providing such insurance.
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19. PUBLIC ENTITY CRIMES. >
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A. Convicted Vendor List.Pursuant to Subsection 287.133(2)(a),F.S., a person or affiliate CL
who has been placed on the convicted vendor list following a conviction for a public <
entity crime may not be awarded or perform work as a contractor, supplier, subcontractor MT
or consultant under a contract with any public entity and may not transact business with N
any public entity in excess of the threshold amount provided in Section 287.017,F.S.,for
Category Two for a period of thirty-six(36) months from the date of being placed on the
convicted vendor list. o
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B. Notice of Conviction of Public Entity Crime.Any person must notify the Department
of Management Services and the Commission within 30 days after conviction of a public U
entity crime applicable to that person or an affiliate of that person as defined in Section
U.
287.133,F.S.
C. Certifications and Assurances. Upon execution of this Contract by the Contractor, the
Contractor shall complete, sign and return to the Commission's Contract Manager a
completed copy of the form entitled"Certifications and Assurances," attached hereto and
Ver. November 14, 2013 -Page 12 of 22
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FWC Contract No. 13101.
incorporated as Attachment B. This includes the Certification Regarding Public Entity
Crimes. o
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20. VENDORS ON SCRUTINIZED COMPANIES LIST
0
A. Scrutinized Companies.Pursuant to Section 287.135,Florida Statutes,if this Contract is U
for goods or services in the amount of$1 million or more, in executing this Contract, o
Contractor certifies,that it is not listed on: the Scrutinized Companies with Activities in
Sudan List; or the Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector List, created pursuant to Section 215.473,F.S. and is not engaged in business a
operations in Cuba or Syria. U
B. Certifications and Assurances—Scrutinized Companies List.If this Contract is for
goods or services in the amount of$1 million or more,upon execution of this Contract by
the Contractor,the Contractor shall complete, sign and return to the Commission's
Contract Manager a completed copy of Attachment B, "Certifications and Assurances."
This includes the Certification Regarding the Scrutinized Companies List.
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C. False Scrutinized Lists Certification—Termination.Pursuant to Subsection
287.135(3)(b),F.S., the Commission may immediately terminate this Contract for cause 2
if Contractor is found to have submitted a false certification or if, during the term of the
Contract, Contractor is placed on the Scrutinized Companies with Activities in Sudan
List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,
or engages in business operations in Cuba or Syria.
D. False Certifications—Termination Notice and Penalties.If the Commission
determines that Contractor has submitted a false certification, the Commission will
E
provide written notice to Contractor. Unless Contractor demonstrates in writing, within
ninety(90) days of receipt of the notice,that the Commission's determination of false
certification was made in error,the Commission shall bring a civil action against
Contractor. If the Commission's determination is upheld, a civil penalty equal to the
greater of$2 million or twice the amount of this Contract shall be imposed on Contractor,
and Contractor will be ineligible to bid on any contract with an agency or local 0
governmental entity for three(3)years after the date of the Commission's determination >
of false certification by the Contractor.
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E. Cessation of Federal Authority. In the event that federal law ceases to authorize the
MT
states to adopt and enforce the contracting prohibition identified in this paragraph,this
provision shall be null and void to the extent no longer authorized. N
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21. SPONSORSHIP. As required by Section 286.25,F.S., if Contractor is a nongovernmental
organization which sponsors a program financed wholly or in part by state funds,including any o
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funds obtained through this Contract, it shall, in publicizing, advertising, or describing the
sponsorship of the program, state: "Sponsored by(Contractor's name) and the State of Florida,
Fish and Wildlife Conservation Commission." If the sponsorship reference is in written material, U
the words "State of Florida,Fish and Wildlife Conservation Commission" shall appear in the
same size letters or type as the name of the Contractor's organization. ;
22. PUBLIC RECORDS.
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. G.2.b
FWC Contract No. 13101
A. This Contract may be unilaterally canceled by the Commission for refusal by the
Contractor to allow public access to all documents,papers,letters, or other material
subject to the provisions of Chapter 119,Florida Statutes, and made or received by the U)
Contractor in conjunction with this Contract,unless exemption for such records is
allowable under Florida law. o
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B. Pursuant to Section 119.0701,F.S.,the Contractor shall comply with the following:
i. Keep and maintain public records that ordinarily and necessarily would be
required by the Commission in order to perform the service.
ii. Provide the public with access to public records on the same terms and a
conditions that the Commission would provide the records and at a cost that does U
not exceed the cost provided in Chapter 119,F.S. or as otherwise provided by
law.
iii. Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by
law.
iv. Meet all requirements for retaining public records and transfer,at no cost,to the T
Commission all public records in possession of the Contractor upon termination
of the contract and destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. All -
records stored electronically must be provided to the public agency in a format
that is compatible with the information technology systems of the Commission.
23. SECURITY AND CONFIDENTIALITY. The Contractor shall maintain the security of any
information created under this Contract that is identified or defined as "confidential"in the Scope
of Work. The Contractor shall not divulge to third parties any confidential information obtained
by the Contractor or its agents, distributors,resellers, subcontractors, officers or employees in the
course of performing Contract work. To ensure confidentiality,the Contractor shall take
appropriate steps regarding its personnel, agents, and subcontractors.The warranties of this
paragraph shall survive the Contract.
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24. RECORD KEEPING REQUIREMENTS.
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A. Contractor Responsibilities.The Contractor shall maintain accurate books,records,
documents and other evidence that sufficiently and properly reflect all direct and indirect
CL
costs of any nature expended in the performance of this Contract,in accordance with CL
generally accepted accounting principles.
B. State Access to Contractor Books,Documents,Papers, and Records.The Contractor c�
shall allow the Commission,the Chief Financial Officer of the State of Florida,the
Auditor General of the State of Florida,the Florida Office of Program Policy Analysis
and Government Accountability or authorized representatives of the state or federal 0
government to have access to any of Contractor's books,documents,papers, and
records,including electronic storage media, as they may relate to this Contract, for the
purposes of conducting audits or examinations or making excerpts or transcriptions. U
C. Contractor Records Retention.Unless otherwise specified in the Scope of Work, these ;
records shall be maintained for five(5) years following the close of this Contract.
Contractor shall cooperate with the Commission to facilitate the duplication and transfer
of such records upon the Commission's request.
Ver. November 14, 2013 -Page 14 of 22
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FWC Contract No. 13101
D. Contractor Responsibility to Include Records Requirements—Subcontractors.In the
event any work is subcontracted under this Contract,Contractor shall include the g
aforementioned audit and record keeping requirements in all subcontract agreements. U)
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E. Compliance with Federal Funding Accountability and Transparency.Any federal 0
funds awarded under this Contract must comply with the Federal Funding Accountability U
and Transparency Act(FFATA) of 2006. The intent of the FFATA is to empower every
American with the ability to hold the government accountable for each spending
decision. The result is to reduce wasteful spending in the government. The FFATA
legislation requires that information on federal awards(federal financial assistance and
expenditures)be made available to the public via a single, searchable website: U
www.USASpending•gov. Grant recipients awarded a new Federal grant greater than or
equal to$25,000 awarded on or after October 1, 2010 are subject to the FFATA.
Contractor agrees to provide the information necessary, over the life of this Contract, for
the Commission to comply with this requirement.
25. NONEXPENDABLE PROPERTY.
A. Non-Expendable Property Defined.For the requirements of this section of the 2
Contract, "nonexpendable property" is the same as "property"as defined in Section
273.02,F.S. (equipment,fixtures, and other tangible personal property of a non-
consumable and nonexpendable nature,with a value or cost of$1,000 or more, and a
normal expected life of one year or more; hardback-covered bound books that are
circulated to students or the general public, with a value or cost of$25 or more; and
uncirculated hardback-covered bound books, with a value or cost of$250 or more).
B. T
itle to Nonexpendable Property.Title(ownership)to all nonexpendable property 9=
acquired with funds from this Contract shall be vested in the Commission and said
property shall be transferred to the Commission upon completion or termination of the
Contract unless otherwise authorized in writing by the Commission or unless otherwise U)
specifically provided for in the Scope of Work. M
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26. FEDERAL FUNDS.No Federal Funds are applied to this Contract,therefore,the following >
terms and conditions do not apply. 0
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A. Prior Approval to Expend Federal Funds to Federal Agency or Employee.It is
MT
understood and agreed that the Contractor is not authorized to expend any federal funds
under this Contract to a federal agency or employee without the prior written approval of N
the awarding federal agency.
B. Compliance with Federal Laws,Rules and Regulations.As applicable,Contractor co,
shall comply with all federal laws,rules, and regulations, including but not limited to:
• Executive Order 11246 of September 24, 1965, entitled`Equal Employment U
Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as
supplemented in Department of Labor regulations (41 CFR Chapter 60).
• The Copeland"Anti-Kickback"Act(18 U.S.C. 874) as supplemented in Department
of Labor regulations (29 CFR part 3).
Ver.November 14, 2013 -Page 15 of 22
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FWC Contract No. 13101
• The Davis-Bacon Act(40 U.S.C. 276a to 276a-7)as supplemented by Department of
Labor regulations (29 CFR part 5). g
• Sections 103 and 107 of the Contract Work Hours and Safety Standards Act(40 A
U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR part
5). (Construction contracts awarded by grantees and subgrantees in excess of$2000, o
and in excess of$2500 for other contracts which involve the employment of U
mechanics or laborers) o
• All applicable standards, orders, or requirements issued under Section 306 of the
Clean Air Act(42 U.S.C. 1857(h)), Section 508 of the Clean Water Act(33 U.S.C.
1368),Executive Order 11738, and Environmental Protection Agency regulations (40 C
CFR part 15). U
• Mandatory standards and policies relating to energy efficiency which are contained in
the State energy conservation plan issued in compliance with the Energy Policy and
Conservation Act(Pub.L. 94-163, 89 Stat. 871).
C. Compliance with Office of Management and Budget Circulars.As applicable,
Contractor shall comply with the following Office of Management and Budget Circulars:
■ A-21 (2 CFR 220), Cost principles for Educational Institutions
■ A-87 (2 CFR 225), Cost Principles for State,Local, and Indian Tribal Governments _
■ A-122(2 CFR 230), Cost Principles for Non-Profit Organizations
■ A-133,Audit of States,Local Governments, and Non-Profit Organizations
■ A-102, Grants and Cooperative Agreements with State and Local Governments
■ A-110,Uniform Administrative Requirements for Grants and Other Agreements with
Institutions of Higher Learning, Hospitals, and Other Non-Profit Organizations
27. DEBARMENT AND,SUSPENSION.
A. Contractor Federal Certification.In accordance with federal Executive Order 12549,
Debarment and Suspension,Contractor shall agree and certify that neither it,nor its
principals,is presently debarred, suspended,proposed for debarment, declared ineligible,
or voluntarily excluded from participation in this transaction by any Federal department
or agency; and,that the Contractor shall not knowingly enter into any lower tier contract, 0
or other covered transaction, with a person who is similarly debarred or suspended from
participating in this covered transaction.
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B. Contractor Commission Certification.Upon execution of this Contract by the
Contractor,the Contractor shall complete, sign and return to the Commission's Contract
Manager a completed copy of Attachment B, "Certifications and Assurances."This N
includes the Certification Regarding Debarment, Suspension, and Other Responsibility
Matters.
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28. PROHIBITION AGAINST LOBBYING
A. Contractor Certification—Payments to Influence.The Contractor certifies that no U
federally appropriated funds have been paid or will be paid, on or after December 22,
LL
1989,by or on behalf of the Contractor,to any person for influencing or attempting to ;
influence an officer or employee of an agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress, in connection with the
awarding,renewal, amending or modifying of any Federal contract, grant, or cooperative
contract. If any non-federal funds are used for lobbying activities as described above in <
Ver. November 14, 2013 -Page 16 of 22
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FWC Contract No. 13101
connection with this Contract,the Contractor shall submit Standard Form-LLL,
"Disclosure Form to Report Lobbying", and shall file quarterly updates of any material
changes.The Contractor shall require the language of this certification to be included in
all subcontracts, and all subcontractors shall certify and disclose accordingly. E
0
B. Contractor—Refrain from Subcontracting with Certain Organizations.Pursuant to U
the Lobbying Disclosure Act of 1995,the Contractor agrees to refrain from entering into 2
any subcontracts under this Contract with any organization described in Section 501(c)(4)
of the Internal Revenue Code of 1986,unless such organization warrants that it does not,
and will not,engage in lobbying activities prohibited by the Act as a special condition of C
the subcontract. U
C. Prohibition against Using Contract Funds for the Purpose of Lobbying.In
accordance with Section 216.347,F.S.,the Contractor is hereby prohibited from using
funds provided by this Contract for the purpose of lobbying the Legislature,the judicial
branch or a state agency. Upon request of the Commission's Inspector General, or other
authorized State official, Contractor shall provide any type of information the Inspector
General deems relevant to the Contractor's integrity or responsibility.
D. Contractor Completion of Certifications and Assurances.Upon execution of this _
Contract by the Contractor,the Contractor shall complete, sign and return to the
Commission's Contract Manager a completed copy of Attachment B, "Certifications and
Assurances."This includes the Certification Regarding Lobbying.
29. CONTRACT-RELATED PROCUREMENT.
A. PRIDE.In accordance with Section 946.515(6),F.S.,if a product or service required for
the performance of this Contract is certified by or is available from Prison Rehabilitative
Industries and Diversified Enterprises,Inc. (PRIDE) and has been approved in U)
accordance with Subsection 946.515(2),F.S.,the following statement applies:
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U)
It is expressly understood and agreed that any articles which are ,-
the subject of, or required to carry out, this contract shall be o
purchased from [PRIDE] in the same manner and under the same
procedures set forth in Subsections 946.515(2) and (4), F.S.; and
for purposes of this contract the person, firm or other business
entity carrying out the provisions of this contract shall be
deemed to be substituted for this agency insofar as dealings with
such corporation are concerned. N
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The above clause is not applicable to subcontractors unless otherwise required by law.
Additional information about PRIDE and the products it offers is available at
http://www.pride-enteKprises.org.
B. Respect of Florida.In accordance with Subsection 413.036(3),F.S.,if a product or U
service required for the performance of this Contract is on the procurement list
established pursuant to Subsection 413.035(2),F.S.,the following statement applies:
It is expressly understood and agreed that any articles that are the
subject of, or required to carry out, this contract shall be
Ver. November 14, 2013 -Page 17 of 22
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.G.2.b
FWC Contract No. 13101
purchased from a nonprofit agency for the blind or for the
severely handicapped that is qualified pursuant to Chapter 413,
F.S., in the same manner and under the same procedures set forth W
in Subsections 413.036(1) and (2), F.S.; and for purposes of this
contract, the person, firm or other business entity carrying out o
the provisions of this contract shall be deemed to be substituted U
for the state agency insofar as dealings with such qualified
nonprofit agency are concerned.
Additional information about the designated nonprofit agency and the products it offers is
available at http://www.respectofflorida.org. U
C. Procurement of Recycled Products or Materials.Contractor agrees to procure any
recycled products or materials which are the subject of or are required to carry out this
Contract in accordance with Section 403.7065,F.S.
30. PURCHASE OR IMPROVEMENT OF REAL PROPERTY.
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This Contract is not for the purchase or improvement of real property,therefore the following
terms and conditions do not apply. -
The Contractor shall comply with Section 287.05805,F.S. This section requires the Contractor to
grant a security interest in the property to the State of Florida,the type and details of which are
provided for in the Scope of Work.
31. PROFESSIONAL SERVICES.
A. Architectural,Engineering,Landscape Architectural,or Survey and Mapping.If
this Contract is for the acquisition of professional architectural, engineering,landscape
architectural, or surveying and mapping services, and is therefore subject to Section
287.055,F.S.,the following provision applies:
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The architect (or registered surveyor and mapper or professional M
engineer, as applicable) warrants that he or she has not employed or 0
retained any company or person, other than a bona fide employee
working solely for the architect (or registered surveyor and mapper, or 0
professional engineer, as applicable) to solicit or secure this contract and
that he or she has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working
solely for the architect (or registered surveyor and mapper or N
professional engineer, as applicable) any fee, commission, percentage,
gift, or other consideration contingent upon or resulting from the award
or making of this contract. 0
B. Termination for Breach.For the breach or violation of this provision, the Commission
shall have the right to terminate the Contract without liability and, at its discretion,to t j
deduct from the Contract price, or otherwise recover,the full amount of such fee,
commission,percentage, gift, or consideration.
32. INDEMNIFICATION. If Contractor is a state agency or subdivision, as defined in Subsection E
768.28(2),F.S.,pursuant to Subsection 768.28(19),F.S., neither Party indemnifies nor insures the
other Party for the other Party's negligence. If Contractor is not a state agency or subdivision as
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G.2.b
FWC Contract No. 13101
defined above, Contractor shall be fully liable for the actions of its agents, employees,partners, or
subcontractors and shall fully indemnify, defend,and hold harmless the State and the
Commission, and their officers, agents, and employees, from suits, actions, damages, and costs of
every name and description, including attorneys' fees, arising from or relating to personal injury E
and damage to real or personal tangible property alleged to be caused in whole or in part by E
Contractor,its agents,employees,partners, or subcontractors,provided,however,that Contractor U
shall not indemnify for that portion of any loss or damages proximately caused by the negligent
act or omission of the State or the Commission.
33. NON-DISCRIMINATION.
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A. Non-Discrimination in Performance.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. Discriminatory Vendor List.In accordance with Section 287.134,F.S., an entity or
affiliate who has been placed on the discriminatory vendor list may not submit a bid, _
proposal,or reply on a contract to provide any goods or services to a public entity; may
not submit a bid,proposal or reply on a contract with a public entity for the construction _
or repair of a public building or public work; may not submit bids, proposals, or replies
on leases of real property to a public entity; may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity;
and may not transact business with any public entity. Contractor has a continuing duty to
disclose to the Commission whether they appear on the discriminatory vendor list.
34. SEVERABILITY, CHOICE OF LAW,AND CHOICE OF VENUE. This Contract has been
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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 U)
prohibition or invalidity, without invalidating the remainder of such provision or the remaining M
provisions of this Contract. Any action in connection herewith,in law or equity, shall be brought 0
in Leon County,Florida,to the exclusion of all other lawful venues.
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35. NO THIRD PARTY RIGHTS. The parties hereto do not intend nor shall this Contract be
construed to grant any rights,privileges or interest to any person not a party to this Contract.
36. JURY TRIAL WAIVER. As part of the consideration for this Contract,the parties hereby c�
waive trial by jury in any action or proceeding brought by any party against any other party
pertaining to any matter whatsoever arising out of or in any way connected with this Contract,or
with the products or services provided under this Contract,including but not limited to any claim
by the Contractor of quantum meruit.
37. PROHIBITION OF UNAUTHORIZED ALIENS.In accordance with federal Executive Order U
96-236,the Commission shall consider the employment by the Contractor of unauthorized aliens
a violation of Section 274A(e) of the Immigration and Nationalization Act. Such violation shall ;
be cause for unilateral cancellation of this Contract if the Contractor knowingly employs
unauthorized aliens. E
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38. EMPLOYMENT ELIGIBILITY VERIFICATION(E-VERIFY).
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G.2.b
FWC Contract No. 13101
A. Requirement to Use E-Verify.Executive Order 11-116, signed May 27, 2011,by the
Governor of Florida,requires Commission contracts in excess of nominal value to
expressly require the Contractor to: 1.) utilize the U.S. Department of Homeland E
Security's E-Verify system to verify the employment eligibility of all new employees E
hired by Contractor during the Contract term; and, 2.) include in all subcontracts under c)
this Contract,the requirement that subcontractors performing work or providing services
pursuant to this Contract utilize the E-Verify system to verify the employment eligibility
of all new employees hired by the subcontractor during the term of the subcontract.
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B. E-Verify Online.E-Verify is an Internet-based system that allows an employer,using t)
information reported on an employee's Form I-9,Employment Eligibility Verification,to
determine the eligibility of all new employees hired to work in the United States after the
effective date of the required Memorandum of Understanding(MOU); the responsibilities
and elections of federal contractors, however,may vary, as stated in Article II.D.l.c. of
the MOU. There is no charge to employers to use E-Verify. The Department of
Homeland Security's E-Verify system can be found online at
http://www.dhs.gov/files/progrrams/gc 1185221678150.shtm
C. Enrollment in E-Verify.If Contractor does not have an E-Verify MOU in effect,the -
Contractor must enroll in the E-Verify system prior to hiring any new employee after the
effective date of this Contract.
D. E-Verify Recordkeeping.The Contractor further agrees to maintain records of its
participation and compliance with the provisions of the E-Verify program, including
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participation by its subcontractors as provided above, and to make such records available
to the Commission or other authorized state entity consistent with the terms of the
Contractor's enrollment in the program. This includes maintaining a copy of proof of the
Contractor's and subcontractors' enrollment in the E-Verify Program(which can be
accessed from the"Edit Company Profile"link on the left navigation menu of the E-
Verify employer's homepage). -119
E. Employment Eligibility Verification.Compliance with the terms of the Employment 0
Eligibility Verification provision is made an express condition of this Contract and the
Commission may treat a failure to comply as a material breach of the Contract. 0
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39. FORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE. Neither Party <
shall be liable to the other for any delay or failure to perform under this Contract if such delay or MT
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failure is neither the fault nor the negligence of the Party or its employees or agents and the delay
is due directly to acts of God, wars,acts of public enemies, strikes, fires,floods, or other similar
cause wholly beyond the Party's control,or for any of the foregoing that affects subcontractors or
suppliers if no alternate source of supply is available. However, in the event of delay from the 0
foregoing causes, the Party shall take all reasonable measures to mitigate any and all resulting
delay or disruption in the Party's performance obligation under this Contract.If the delay is
excusable under this paragraph, the delay will not result in any additional charge or cost under the c3
Contract to either Party. In the case of any delay Contractor believes is excusable under this
paragraph, Contractor shall notify the Commission's Contract Manager in writing of the delay or ..
potential delay and describe the cause of the delay either: (1) within ten(10) calendar days after
the cause that creates or will create the delay first arose, if Contractor could reasonably foresee E
that a delay could occur as a result; or(2)within five(5)calendar days after the date Contractor
first had reason to believe that a delay could result, if the delay is not reasonably foreseeable.
Ver. November 14, 2013 -Page 20 of 22
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FWC Contract No. 13101
THE FOREGOING SHALL CONSTITUTE CONTRACTOR'S SOLE REMEDY OR
EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this
paragraph is a condition precedent to such remedy. The Commission,in its sole discretion, will U)
determine if the delay is excusable under this paragraph and will notify Contractor of its decision E
in writing. No claim for damages, other than for an extension of time, shall be asserted against E
the Commission. Contractor shall not be entitled to an increase in the Contract price or payment U
of any kind from the Commission for direct,indirect, consequential,impact, or other costs,
expenses or damages, including but not limited to costs of acceleration or inefficiency arising
because of delay, disruption,interference, or hindrance from any cause whatsoever. If
performance is suspended or delayed, in whole or in part, due to any of the causes described in
this paragraph, after the causes have ceased to exist, Contractor shall perform at no increased U
cost,unless the Commission determines,in its sole discretion,that the delay will„significantly
impair the value of the Contract to the Commission or the States in which case,the Commission
may do any or all of the following: (1)accept allocated performance or deliveries from
Contractor,provided that Contractor grants preferential treatment to the Commission with respect
to products or services subjected to allocation; (2)purchase from other sources (without recourse
to and by Contractor for the related costs and expenses)to replace all or part of the products or U)
services that are the subject of the delay, which purchases may be deducted from the Contract
quantity; or(3)terminate the Contract in whole or in part.
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40. TIME IS OF THE ESSENCE. Time is of the essence regarding the performance obligations set
forth in this Contract.Any additional deadlines for performance for Contractor's obligation to
timely provide deliverables under this Contract including but not limited tatimely,submittal of
reports, are contained in the•frcope of Work.
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41. ENTIRE CONTRACT.This Contract with all incorporated attachments and exhibits represents
the entire Contract 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, and
duly signed by each of the parties hereto,unless otherwise provided herein. 1n the event of
conflict,the following order of precedence shall prevail;this contract and its attachments,the U)
119
terms of the solicitation and the contractor's response to the solicitation. U)
THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK 0
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Ver.November 14, 2013 -Page 21 of 22
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G.2.b
FWC Contract No. 13101
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IN WITNESS WHEREOF,the parties hereto have caused this Contract to be executed through W
their duly authorized signatories on the day and year last written below.
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MO OE CO FLORIDA FISH AND WILDLIFE
C SER COMMISSION
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ame: ®� �/• �� Name :5
Title: Title:
Date: r �
Approved as to form and legality by FWC Attorney:
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Name:
Date: !
MONR UNTY ATTORNY
�°' � APP 0 D AS To FOR U).,.
1 Date:
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Attachments and Exhibits in this Contract include the following:
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Attachment A Scope of Work
Attachment B Certifications and Assurances
Attachment C Weekly Progress Reports
Attachment D Task Assignment
Attachment E Task Assignment Change Order
Attachment F Cost Reimbursement Requirements
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Ver. November 14, 2013 -Page 22 of 22
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G.2.b
ATTACHMENT A
SCOPE OF SERVICES
1. DESCRIPTION OF GOODS AND SERVICES PROCURED,OR PROJECT WORKPLAN
2
Background—The Fish and Wildlife Conservation Commission's Invasive Plant Management Section (IPMS) is the
designated lead entity in Florida responsible for coordinating and funding the statewide control of invasive aquatic and
upland plants in public waterways and on public conservation land. The Uplands Program funds individual invasive E
plant control projects on public conservation land,based upon the recommendations from its eleven Regional Working 0
Groups. The Uplands Program melds these regional priorities into an efficient and cost-effective statewide control C
program. To maximize operational funding of projects,the Uplands Program contracts with a few government agencies
to conduct work.Upland invasive plant control services will be performed on a Task Assignment(Attachment D)basis,
whereas projects in Monroe County ranked through the Florida Keys Working Group will be issued a Task Assignment
as long as there are sufficient funds. 0
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Support of the Commission's Mission — Funding for the Uplands Program is provided through the Invasive Plant
Control Trust Fund as set forth in Section 369.252(4),F.S., which reads: "use funds in the Invasive Plant Control Trust
Fund ...for the purpose of controlling nonnative,upland,invasive plant species on public lands."
Description of Goods and Services —The Contractor or its subcontractors 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 - ,—
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remain within property and treatment boundaries;4) assuring appropriate herbicide labels,Material Safety Data Sheets 2
(MSDS), and a copy of the fully executed task assignment with maps are on site; 5) avoid damage to native vegetation L_
and wildlife; and 6) strict adherence to all herbicide label application,precautionary, and safety statements.
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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.
Contractor shall be responsible for obtaining all permits related to the control and disposal of targeted vegetation unless
otherwise noted in the Task Assignment(Attachment D).
The Contractor shall provide the Commission, at the conclusion of each Task Assignment (Attachment D), a written _
record of: U)
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(a)total gallons/lbs of herbicides and adjuvants applied on the Weekly Progress Report(WPR)(Attachment C);
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(b)total acres controlled and percent of acres and types of upland invasive exotic plants treated on the WPR; M
(c)total hours of operating time,if cost reimbursement; and, 0
(d) a shapefile of the final treatment boundary.
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All control efforts shall be at least 95% effective in preventing re-sprout of all target vegetation. If 95%kill rate is not CL
achieved for any area of the project after two months following project completion, one additional thorough treatment CL
of the plant species listed in the Task Assignment(Attachment D) will be the responsibility of the Contractor at no cost
to the Commission.
2. DELIVERABLES
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Specific Project Deliverables—As specified in each Task Assignment Scope of Work(Attachment D); systematically
traverse, locate, and treat 100% of the FLEPPC listed invasive plants within the designated project areas in Monroe o
County resulting in a minimum of 95% of target plants being killed.
Timeline for Completion—The Contractor shall submit invoices in accordance with the invoicing schedule outlined in
each executed Task Assignment Notification(Attachment D) or Task Assignment Change Order(Attachment E). U
3. FINANCIAL CONSEQUENCES
If the County materially fails to comply with the terms and conditions of the Task Assignment (Attachment D) as
determined by the contract manager, including any Federal and State statutes, rules or regulations applicable to the E
Task Assignment,the Commission shall take one or more of the following actions,as appropriate for the circumstances
and allowed by law: A-Temporarily withhold cash payments pending correction of the deficiency by the County;
FWC Contract No. 13101: Scope of Work Page 1
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G.2.b
B-Reduction of cash payment if correction of deficiency is not made by the County; C-Disallow all or part of the cost
of the activity or action not in compliance; D- Request refund of previously disbursed payments related to deficiency;
E- Wholly or partly suspend or terminate this agreement; F- Withhold future task assignments for the project or
program;G-Seek other remedies legally available.
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4. PERFORMANCE U)
A. RESPONSIBILITIES OF THE CONTRACTOR:
1. Upon full execution of the Task Assignment, the Contractor will coordinate with the FWC Site Manager to E
establish a mutually agreeable work schedule; U
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2. A Ground Crew Supervisor, employed by the Contractor or its Subcontractor, will be present at all times when o
work on the site is underway;
3. Ground Crew Supervisors will be responsible for all control activities and safety on project sites. The Ground 0
Crew Supervisor will assure contract crews are knowledgeable of, and remain within property and treatment a
boundaries.Every effort shall be made by the Contractor to avoid damage to native vegetation and wildlife; U
4. Ground Crew Supervisors will be pesticide applicators possessing current certification by the Florida Department
of Agriculture and Consumer Services (FDACS) in the Natural Areas categories. A copy of each supervisor's
FDACS certification will be provided to the FWC Site Manager prior to initiation of on-site supervisory duties;
5. The Ground Crew Supervisor may supervise a maximum of eight (8) field employees at any given time, unless
otherwise noted in the Task Assignment; _
6. The Ground Crew Supervisor shall be responsible for the collection,recording, and timely submission of all data _
and reports required. At weekly intervals and at the completion of initial treatments and site reassessment, a
complete report will be submitted to the Site Manager detailing sites treated, number and size of plants killed, and
type of treatment used.This data will be recorded on the FWC "Daily Progress Report Form";
7. The Contractor will strictly adhere to all herbicide label application,precautionary, and safety statements;
8. All control efforts (except cogon grass treatment) shall be at least 95% effective in preventing re-sprout of
treated target vegetation. If 95% kill rate is not achieved for any area of the project after two months following
project completion, one additional thorough treatment of the plant species listed under"Project Goals"in the project
area will be the responsibility of the Contractor at no cost to the FWC;
9. Cogon grass treatments shall be 100%effective in killing above ground portions (top kill) of target vegetation. If
100% top kill rate is not achieved for any area of the project after 30 days following project completion, one gr
additional thorough treatment of the plant species listed under "Project Goals" in the project area will be the U)
responsibility of the Contractor at no cost to the FWC;
10.The Contractor shall forward an original invoice along with all corresponding Weekly Progress Report Forms,
completed and approved, to FWC Invasive Plant Management, 3800 Commonwealth Boulevard,' MS 705,
Tallahassee,Florida 32399-3000 within ten(10)working days of work completion.
B. RESPONSIBILITIES OF THE DESIGNATED SITE MANAGER:
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1. The Site Manager reserves the right to inspect, at any time, the Contractor's procedure, spray system(s), spray CL
solution(s), and other ancillary equipment, and to approve operating personnel; however, such inspection will not
relieve the Contractor of any obligations or responsibilities nor will it transfer any liability to the lands listed under
"Project Location"; N
2. No additional work can be added to this Task Assignment without a fully executed Change Order. Additional
work includes additional treatment areas or change in treatment methodology;
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5. RENEWALS AND EXTENSION(see terms in Contract)
6. COMPENSATION AND PAYMENT
Upland invasive plant control services will be performed on a Task Assignment (Attachment D) basis. The U
Commission shall pay the Contractor on a cost reimbursement basis in an amount not to exceed the amount specified
on the executed Task Assignment for that fiscal year. This is a ten-year Contract with no money attached; however
Task Assignments shall not exceed $4,000,000 for the life of the Contract. Each project to be performed by the
Contractor shall be authorized by a separate task assignment notification form. No minimum amount is guaranteed
under this Contract. 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,
FWC Contract No. 13101: Scope of Work Page 2
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G.2.b
any funds remaining from that particular Task Assignment shall be unencumbered by the Commission. 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 Commission and the Contractor.
The Commission may, at its sole discretion, extend or end the time allowed for completion of this project due to water
levels, inclement weather or fire (prescribed or wild). Therefore, FWC reserves the right to make partial payments to .2
the Contractor at periodic intervals when a representative portion of the project has been completed as determined by
the FWC Project manager.Partial payments will be based on acres as a deliverable unit.
For the purposes of this Contract, the following representatives identified herein are delegated to the authority to U
execute task assignment and task assignment change order forms for or on the behalf of the Commission. C
For Task Assignments whose total value does not exceed$100,000:Leader,Invasive Plant Management Section;
For Task Assignments whose value is in excess of$100,000:Director,Division of Habitat and Species Conservation;
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For Task Assignments whose value is excess of$500,000: Executive Director, Florida Fish and Wildlife Conservation t0
Commission.
The Contractor shall satisfactorily perform the services described in each executed Task Assignment and executed Task
Assignment Change Order.
A. Cost Reimbursement Payments a
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The Department of Financial Services establishes contract management guidelines for the State of Florida. For a
cost reimbursement Task Assignment, agencies must submit an itemized invoice by expenditure category (salaries, LL
travel, expenses, etc.) as referenced in Attachment F. Each agency is required to maintain detailed supporting
documentation and to make it available for audit purposes. By submission of the payment request, the agency is
certifying that the detailed documentation to support each item on the itemized invoice is on file at the agency and is
available for audit.
Supporting documentation shall be maintained in support of expenditure payment requests for cost reimbursement
contracts as provided in (Attachment F) Comptroller's Memorandum No. 04 (1996-97). Documentation for each
amount for which reimbursement is being claimed must indicate that the item has been paid.Check numbers may be
provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service.
Only expenditures for categories in the approved agreement budget may be reimbursed.These expenditures must be
allowable(pursuant to law) and directly related to the services being provided. a
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Reimbursement for travel is not allowed under this Contract. U)
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Contracts between state agencies may submit alternative documentation to substantiate the reimbursement request
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that may be in the form of FLAIR reports or other detailed reports.
Additionally, the invoice or submitted documentation must evidence the completion of all tasks required to be -
performed for the deliverable and must show that the provider met the minimum performance standards established
in the agreement.
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B. Fixed Price Payments CL
Fixed price payment requests must include documentation evidencing the services provided for the period invoiced.
Documentation must evidence the completion of all tasks required to be performed for the deliverable and must
show that the provider met the minimum performance standards established in the agreement. N
7. MONITORING SCHEDULE
The Commission reserves the right to inspect, at any time,the Contractor's procedure, and treatment results. Inspection, 0
however,will not relieve the Contractor of any obligations or responsibilities.
8.INTELLECTUAL PROPERTY RIGHTS
Paragraph 14(a)titled"Contractor's Preexisting Intellectual Property(Proprietary)Rights,"is hereby replaced in its U
entirety with the following:Unless specifically addressed otherwise in the Scope of Work,intellectual property rights
to the Contractor's preexisting property will remain with the Contractor.If Contractor is a state agency or subdivision,
as defined in Subsection 768.28(2),F.S.,pursuant to Subsection 768.28(19),F.S.,neither Party indemnifies nor insures
the other Party for or on account of any copyrighted,patented, or un-patented invention,process or article
manufactured or supplied by Contractor. If Contractor is not a state agency or subdivision as defined above,Contractor
FWC Contract No. 13101: Scope of Work Page 3
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G.2.b
shall indemnify and hold harmless the Commission and its employees from any liability,including costs,expenses,and
attorney's fees,for or on account of any copyrighted,patented, or un-patented invention,process or article
manufactured or supplied by Contractor.
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9. SUBCONTRACTS U)
The County is allowed to subcontract work to authorized contractors under the terms of the Contract.
10. INSURANCE(see terms in Contract) U
11. SECURITY AND CONFIDENTIALITY(see terms in Contract) g
12. RECORD KEEPING REQUIREMENTS(see terms in Contract)
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Agreement No. 13101 between the Florida Fish and Wildlife Conservation Commission and Monroe 0
County is hereby modified as follows: c)
Section 4. B. Payments—Compensation and Payments,is hereby modified to read as follows.
B. Payments.The Commission shall pay the Contractor for satisfactory performance of the tasks identified
in the Scope of Work, as evidenced by the completed deliverables,upon submission of invoices, accompanied by
supporting documentation sufficient to justify invoiced expenses or fees,and after acceptance of services and
deliverables in writing by otherwise specified in the Scope of Work, invoices shall be due as specified in each 2
Task Assignment from the start date of this Contract. Invoices must be legible and must clearly reflect the
services that were provided in accordance with the terms of the Contract for the invoice period. Unless otherwise
specified in the Scope of Work, a final invoice shall be submitted to the Commission no later than 45 days
following the expiration date of each Task Assignment to assure the availability of funds for payment.
Section 8. Commission Exempt from Taxes,Property Exempt from Lien, is hereby modified to read as
follows.
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 the Contract.The Contractor acknowledges that some U)
Property being improved is titled to Monroe County or in some cases,the State of Florida. State of Florida land is
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not subject to lien of any kind for any reason. The Contractor shall include notice of such exemptions in any
subcontracts and purchase orders issued hereunder.
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Section 16. B. Contractor Payments to Subcontractor,is herby modified to read as follows.
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If subcontracting is permitted pursuant to Paragraph A, above, Contractor agrees to make payments to the
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subcontractor pursuant to the Florida local government Prompt Payment Act(sections 218.70-218.80 Florida
Statutes)upon approval by its clerk.
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FWC Contract No. 13 10 1: Scope of Work Page 4
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ATTACHMENT B
CERTIFICATIONS AND ASSURANCES
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The Commission will not award this Contract unless Contractor completes the CERTIFICATIONS AND U)
ASSURANCES contained in this Attachment. In performance of this Contract, Contractor provides the following
certifications and assurances: o
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A. Debarment and Suspension Certification (2 CFR Part 1400) a
B. Certification Regarding Lobbying(31 U.S.C. 1352)
C. Certification Regarding Public Entity Crimes (section 287.133,F.S.)
D. Certification Regarding Drug�Free Workplace Requirements (41 U.S.C. 701 et. seq.) (as applicable to U
recipients and subrecipients of federal financial assistance)
E. Certification Regarding the Scrutinized Companies List(section 287.135,F.S.) (as applicable)
A. CERTIFICATION REGARDING DEBARMENT,SUSPENSION,AND OTHER RESPONSIBILITY
MATTERS—PRIMARY COVERED TRANSACTION
The undersigned Contractor certifies to the best of its knowledge and belief,that it and its principals: _
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
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voluntarily excluded from covered transactions by a Federal department or agency;
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2. Have not within a three-year period preceding this Contract been convicted of or had a civil 1.
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract
under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen
property;
3. Are not presently indicted or otherwise criminally or civilly charged by a government entity
(Federal, State or local) with commission of any of the offenses enumerated in paragraph A.2. of this U)
certification; and/or,
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4. Have not within a three-year period preceding this application/proposal had one or more public M
transactions (Federal, State, or local)terminated for cause of default. 0
If Contractor is unable to certify to any of the statements in this certification, Contractor shall attach an
explanation to this Contract. CL
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B. CERTIFICATION REGARDING LOBBYING—Certification for Contracts,Grants,Loans, and Cooperative S
Agreements. MT
The undersigned Contractor certifies,to the best of his or her knowledge and belief,that:
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No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person
for influencing or attempting to influence an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment or modification of any Federal contract, grant,loan or cooperative agreement. c_
If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employees of Zj
Congress, or employee of a Member of Congress in connection with a Federal contract, grant,loan, or cooperative
agreement, the undersigned shall also complete and submit Standard Form — LLL, "Disclosure Form to Report
Lobbying,"in accordance with its instructions.
FWC Contract No. 13101: Scope of Work Page 5
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G.2.b
The undersigned shall require that language of this certification be included in the documents for all subcontracts
at all tiers (including subcontracts, sub-grants and contracts under grants, loans and cooperative agreements) and
that all sub-recipients and contractors shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this Contract was made g
or entered into. Submission of this certification is a prerequisite for making or entering into this Contract imposed A
by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not
less than$10,000 and not more than $100,000 for each such failure. t0
C. CERTIFICATION REGARDING PUBLIC ENTITY CRIMES,SECTION 287.133,F.S.
Contractor hereby certifies that neither it, nor any person or affiliate of Contractor, has been convicted of a Public
Entity Crime as defined in section 287.133,F.S.,nor placed on the convicted vendor list.
Contractor understands and agrees that it is required to inform the Commission immediately upon any change of 0
circumstances regarding this status.
D. CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
If Contractor is a Recipient of Subrecipient of Federal Financial Assistance:
Pursuant to the Drug-Free Workplace Act of 1988, the undersigned attests and certifies that the Contractor(if not
an individual) will provide a drug-free workplace by the following actions:
1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession or use of a controlled substance is prohibited in Contractor's workplace and specifying the actions
that will be taken against employees for violation of such prohibition. _
2.Establishing an ongoing drug-free awareness program to inform employees concerning:
a. The dangers of drug abuse in the workplace.
b. The policy of maintaining a drug-free workplace.
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c.Any available drug counseling,rehabilitation and employee assistance programs.
d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.
3. Making it a requirement that each employee to be engaged in the performance of the Contract be given a
copy of the statement required by paragraph G.1. of this certification.
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4. Notifying the employee in the statement required by paragraph G.1. of this certification that, as a condition
of employment under the Contract,the employee will:
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a.Abide by the terms of the statement.
-b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute t.
occurring in the workplace no later than five (5) calendar days after such conviction. CL
5. Notifying the Commission in writing ten (10) calendar days after receiving notice under subparagraph 4.b. le
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from an employee or otherwise receiving actual notice of such conviction. Provide such notice of convicted Q
employees, including position title, to every Contract Manager on whose Contract activity the convicted
employee was working.The notice shall include the identification number(s) of each affected Contract.
6. Taking one of the following actions, within thirty (30) calendar days of receiving notice under 0
subparagraph 4.b. herein, with respect to any employee who is so convicted:
a. Taking appropriate personnel action against such an employee, up to and including termination, c_
consistent with the requirements of the Rehabilitation Act of 1973 as amended.
b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program approved for such purposes by a Federal, State or local, health, law enforcement, or other
appropriate agency.
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FWC Contract No. 13101: Scope of Work Page 6
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7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of this
entire certification.
If the Contractor is an individual,the Contractor certifies that:
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1. As a condition of the grant, Contractor will not engage in the unlawful manufacture, distribution,
dispensing,possession, or use of a controlled substance in conducting any activity with the grant; and, A
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2. If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant E
activity, Contractor will report the conviction, in writing, within 10 calendar days of the conviction, to the U
Commission When notice is made to such a central point, it shall include the identification number(s) of each a
affected grant.
E. CERTIFICATION REGARDING THE SCRUTINIZED COMPANIES LISTS,SECTION 287.135,F.S.
a
If this Contract is in the amount of$1 million or more, in accordance with the requirements of section 287.135, t0
F.S., Contractor hereby certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan
List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Both lists are created
pursuant to section 215.473, F.S. Contractor also hereby certifies that it is not engaged in business operations is
Cuba or Syria.
Contractor understands that pursuant to section 287.135, F.S., the submission of a false certification may subject
Contractor to civil penalties, attorney's fees, and/or costs. A
If Contractor is unable to certify to any of the statements in this certification, Contractor shall attach an M
explanation to this Contract.
By signing below,Contractor certifies the representations outlined in parts A through E above are true and correct.
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Date: . - 0
(City, Stale,ZIP Code) U
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FWC Contract No. 13101: Scope of Work Page 7
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ATTACHMENT C
Data entered
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WEEKLY PROGRESS REPORT FOR INVASIVE PLANT CONTROL .
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PROJECT NAME MANAGING AGENCY NAME E
WEEK OF"(WORK DATES) PURCHASE or WORK ORDER# L)
Supervisor(s)must document their Restricted Pesticide Certification Number with their name.
Certified Applicator Name FDACS# Certified Applicator Name FDACS#
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TOTAL SUPERVISOR HOURS TOTAL NUMBER CREW/HOURS L)
Equipment:retord all heavy equipment used(chippers,mowers,boats,Gyro-Trac,etc)and number of days used.
Equipment/Days Equipment/Days Equipment/Days Equipment/Days
For each species controlled list the name(Australian pine,Brazilian pepper,etc.)or abbreviation(e.g.,MEQU=melaleuca;see http://Plants.usda.gov/java),the ro
control method used(cut stump,basal bark,foliar,mechanical,etc.),the total number of acres controlled and cover class(per below)of species treated,the
trade/chemical name of the herbicides used,the%rate of herbicides applied,and the total quantity of herbicide spray mix used in gallons. 0
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I hereby acknowledge that the data presented in this form is sufficiently accurate for the purposes intended;
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FWC Contract No. 13101: Scope of Work Page 8
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ATTACHMENT D
TASK ASSIGNMENT NOTIFICATION FORM
FWC CONTRACT NO.13101 U)
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Task Assignment Number: Date: E
Contractor Name:Monroe County FWC Contract Manager:Ruark Cleary(850)617-9427 U
Contractor's Contract Manager:Beth Bergh FWC Site Manager:Jackie Smith(772)871-5407
Project Title: PID#:97849391000
Task Description and Payment Schedule:Exhibit 1 describes the scope of work for this project.The Contractor is not authorized to
perform work on any additional sites until such time as the FWC and the Contractor have fully executed a Change Order for said 0
additional work.Any work performed by the Contractor contrary to this Task Assignment shall be at the Contractors expense.The U
contractor is allowed to subcontract.
Deliverables: As specified in the Task Assignment Scope of Work; systematically traverse,locate, and treat 100% of FLEPPC or EDRR
listed invasive plants within the designated .�,,acres of County-owned land,resulting in a minimum of 95%of target plants being killed.
Task Assignment Conditions:
1. The Contractor shall provide written notification to the Contract Manager upon completion of treatment event(s).
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2. Upon FWC Site Manager approval,the Contractor is authorized to control incidental occurrences of any current FLEPPC category I or
II 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 2
species. It is the responsibility of the Contractor to determine that all control operations do not exceed the established Task Assignment U.
amount.
Task Assignment Start Date:Upon execution Final Treatment Completion Date:June 30,20_
Task Assignment Type: Amount Not To Exceed:
Fixed Price/Cost Reimbursement $
Total Task Assignment Value $
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Funding Information: �y
ORG CODE EO OBJECT CODE MODULE SPEC.CAT. PROJECT# YEAR AMOUNT U)
77358090200 02 139940 $
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MONROE COUNTY FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION >
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Contract Manager Date Contract Manager Date
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Contract Specialist Date Cost Center Administrator Date
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IPM Section Leader Date
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Division Director/designee Date
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FWC Contract No. 13101: Scope of Work Page 10
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ATTACHMENT E
TASK ASSIGNMENT CHANGE ORDER FORM
2
FWC CONTRACT NO.13101 e)
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Task Assignment Number: Change Order Number: Date:
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Task Assignment Term: U
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Contractor Name:Monroe County FWC Contract Manager:Ruark Cleary(850)617-9427 2
Contractor's Contract Manager:Beth Bergh FWC Site Manager:Jackie Smith(772)871-5407
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Project Title: PID#:97849391000
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Description of Change: U
CHANGE IN TASK AMOUNT
Item Cost Reimbursement/Fixed Price
Original task amount: $
Task amount prior to this change order: $ A
Net increase/decrease in task amount: $ LL
Task amount with all change orders: $
CHANGE IN TASK TERM L
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:
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ORG CODE EO OBJECT CODE MODULE SPEC.CAT. PROJECT# YEAR AMOUNT
2M
77358090200 02 139940 $
APPROVALS
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MONROE COUNTY FLORIDA FISH AND WILDLIFE M
CONSERVATION COMMISSION 0
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Contract Manager Date Contract Manager Date CL
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Contract Specialist Date Cost Center Administrator Date N
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IPM Section Leader Date c05
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Division Director/designee Date
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FWC Contract No. 13101: Scope of Work Page 11
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ATTACHMENT F
COST REIMBURSEMENT CONTRACT PAYMENT REQUIREMENTS
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Pursuant to the February, 2011 Reference Guide for State Expenditures published by the Department of Financial
Services, invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by
category (salary, travel, expenses, etc.). In addition, supporting documentation must be provided for each amount U
for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be C
provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of
service. Only expenditures for categories in the approved Contract budget should be reimbursed.
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Listed below are examples of types of supporting documentation: a
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(1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should
show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom
reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of
pay will be acceptable.
(2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of
the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be LA
based on a specified percentage rather than the actual cost of fringe benefits,then the calculation for the fringe M
benefits amount must be shown.
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Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe
benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which Ec
includes submission of the claim on the approved State travel voucher or electronic means.
(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable
property is purchased using State funds,the contract should include a provision for the transfer of the property
to the State when services are terminated. Documentation must be provided to show compliance with
Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the
requirements for contracts which include services and that provide for the contractor to purchase tangible U)
personal property as defined in Section 273.02,Florida Statutes,for subsequent transfer to the State.
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(5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be M
reimbursed on a usage log which shows the units time the rate being charged.The rates must be reasonable. 0
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the
calculation should be shown.
Contracts between state agencies may submit alternative documentation to substantiate the reimbursement request
that may be in the form of FLAIR reports or other detailed reports. Additionally, the invoice or submitted
documentation must evidence the completion of all tasks required to be performed for the deliverable and must N
show that the provider met the minimum performance standards established in the agreement.
The site management agency authorizes FWC Invasive Plant Management staff to approve invoice payments of all g
funds encumbered under this Task Assignment.Payment will be approved only for that work approved by the FWC
Site Manager.A copy of the approved invoice will be forwarded to the site management agency upon request.
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FWC Contract No. 13101: Scope of Work Page 12
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