Agenda 12/11/2012 Item #16A2712/11/2012 Item 16.A.27.
EXECUTIVE SUMMARY
Recommendation to authorize the cooperative purchase of Ground Application Services
for Aquatics, Wetland and Terrestrial Vegetation Control from Applied Aquatics in the
estimated annual amount of $300,000, utilizing the South Florida Water Management
District Contract No. 46000002497.
OBJECTIVE: To ensure the sustained compliant operation of Collier County's Road and
Bridge Maintenance Fertilization, Herbicide and Chemical spraying of the County maintained
swales and retention ponds.
CONSIDERATIONS: Section XIV(B) of the Collier County Purchasing Policy,
Standardization, Cooperative Purchasing and Governmental Contracts, authorizes the county to
enter into cooperative purchasing ventures with other units of government when it is in the best
interest of Collier County. The State of Florida has a number of existing standardized term
contracts that are authorized for use by County governments. The State's contracts offer public
agencies products and services with firm fixed pricing and terms and conditions competitively
negotiated by the State of Florida's Purchasing Department. The State's South Florida Water
Management District ( "SFWMD ") Contract No. 46000002497 was competitively solicited by
the SFWMD on April 18, 2011, and includes competitive prices that will inure to the benefit of
Collier County.
Staff recommends the use of SFWMD Contract No. 46000002497 to procure the herbicide and
chemical spraying of County maintained swales and retention ponds. The Interim Purchasing
Director has determined, per the above - referenced Purchasing Policy section that the prices
solicited by the SFWMD for its Contract is competitive in the market and includes terms
favorable to the County with respect to pricing, shipping, service and warranties.
The Department of Road and Bridge Maintenance estimates an annual expenditure of $300,000
on the contract.
FISCAL IMPACT: Funds in the amount of $300,000 are available in Growth Management
Transportation Services Fund (101).
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office, is legally sufficient for Board action and only requires a majority vote for
approval —SRT.
RECOMMENDATION: That the Board of County Commissioners authorizes the cooperative
purchase of goods and services utilizing SFWMD Contract 46000002497, in the amount not to
exceed $300,000 per fiscal year.
Packet Page -2549-
12/11/2012 Item 16.A.27.
Prepared By: Travis Gossard, Superintendent Road and Bridge Maintenance, Growth
Management Division
Attachments: 1) SFWMD Contract; 2) Final Scoring Sheet; 3) Cooperative
Government/Consortium Agreement ( "Piggyback ")
Packet Page -2550-
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.27.
12/11/2012 Item 16.A.27.
Item Summary: Recommendation to authorize the cooperative purchase of Ground
Application Services for Aquatics, Wetland and Terrestrial Vegetation Control from Applied
Aquatics in the estimated annual amount of $300,000, utilizing the South Florida Water
Management District Contract No. 46000002497.
Meeting Date: 12/11/2012
Prepared By
Name: LynchDiane
Title: Administrative Assistant
11/13/2012 9:25:27 AM
Approved By
Name: NauthRookmin
Title: Management/Budget Analyst,Transportation Administr
Date: 11/13/2012 1:06:40 PM
Name: GossardTravis
Title: Superintedent - Roads & Bridges,Transportation Eng
Date: 11/13/2012 1:40:58 PM
Name: BrilhartBrenda
Title: Purchasing Agent,Purchasing & General Services
Date: 11/13/2012 1:46:36 PM
Name: ShueGene
Date: 11/15/2012 9:10:44 AM
Name: WardKelsey
Title: Manager - Contracts Administration,Purchasing & Ge
Date: 11/15/2012 10:41:50 AM
Name: MarkiewiczJoanne
Title: Manager - Purchasing Acquisition,Purchasing & Gene
Date: 11/16/2012 6:59:50 AM
Packet Page -2551-
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 11/16/2012 1:12:51 PM
12/11/2012 Item 16.A.27.
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 11/16/2012 3:18:18 PM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 11/19/2012 4:38:05 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 11/20/2012 1:22:42 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 11/29/2012 12:26:03 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 11/29/2012 2:37:58 PM
Packet Page -2552-
0%M0 a^L1 n & a o
12/11/2012 Item 16.A.27.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
CONTRACT
THE SOUTH FLORIDA WATER MANAGEMENT
This number must appear on all Invoices and Correspondence.
DISTRICT (hereinafter referred to as DISTRICT) HEREBY
46000002497
ENTERS INTO THIS CONTRACT WITH:
SBE PARTICIPATION: 25%
Name: APPLIED AQUATIC MANAGEMENT, INC.
Address: P.O. Box 2469
Eagle Lake, FL 33839 -1469
Project Manager: PJ Myers
Telephone No: (863) 533 -8882
Email: jmyers43 @tampbay.rr.com
Fax No: (863) 534 -3322
Hereinafter referred to as: CONTRACTOR
PROJECT TITLE: GROUND APPLICATION SERVICES FOR AQUATIC, WETLAND
AND TERRESTRIAL VEGETATION CONTROL
The following Exhibits are attached hereto and made a part of this CONTRACT:
Exhibit "A" - Special Provisions Exhibit "H" - Insurance Requirements
Exhibit "B" - General Terms and Conditions Exhibit "I" - Sample Work Order
Exhibit "C" - Statement of Work Exhibit "J" - Not Applicable
Exhibit "D" - Payment and Deliverable Schedule Exhibit "K" - Not Applicable
Exhibit "E" - SBE Utilization Report Exhibit "L" - Rate Schedule
Exhibit "F" - Final SBE Utilization Report Exhibit "M" - Not Applicable
Exhibit "G" - Not Applicable Exhibit "N' - Not Applicable
TOTAL CONTRACT AMOUNT: $50,000,000.00 CONTRACT TYPE: Work Order
Multi -Year Funding (If Applicable)
Fiscal fear: Oct. 1, 2011 - Sept. 30, 2012 $10,000,000.00* Fiscal Year: Oct. 1, 2014 -Sept. 30, 2015 $10,000,000.00*
Fiscal Year: Oct. 1, 2012 - Sept. 30, 2013 $10,000,000.00* Fiscal Year: Oct. 1, 2015 - Sept. 30, 2016 $10,000,000.00*
Fiscal Year: Oct. 1, 2013 - Sept. 30, 2014 $10,000,00().00* Fiscal Year:
*Subject to District Governing Board Annual Budget Approval
CONTRACT TERM: 3 vears w/2 one-year renewal options EFFECTIVE DATE: October 1 2011
District Project Manager: Ellen Donlan District Contract Specialist: Donna Lavery
Telephone No: (561) 682 -6130 Telephone No.: (561) 682 -6420
Email: edonlan@sfwmd.gov Email: diavery@sfwmd.gov
SUBMIT INVOICES AND NOTICES TO THE DISTRICT AT:
SUBMIT NOTICES TO THE CONTRACTOR AT:
South Florida Water Management District
Attention: Procurement Bureau- Notices
APPLIED AQUATIC MANAGEMENT, INC.
3301 Gun Club Road
P.O. Box 2469
West Palm Beach, Florida 33406
Eagle Lake, FL 33839 -1469
Attention: Accounts Payable - Invoices
P.O. Box 24682
Attention: PJ Myers
West Palm Beach, FL 33416 -4682
IN WITNESS WHEREOF, the authorized representative hereby executes
this CONTRACT on this date, and accepts all Terms and Conditions
under which it is issued.
APPLIED AQU IC MA AGEMENT, INC.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
BY ITS GOVERNING BOARD
Accepted By:
Z:
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Signature of uthorized Representative
A radshaw��roeurement Bureau Chief
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Title:V 1'Ce YSEL
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Date: 6 • 30 t)
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APPROVED
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12/11/2012 Item 16.A.27.
EXHIBIT "A"
SPECIAL PROVISIONS
The purpose of this Exhibit "A" is to delineate any and all changes, deletions and /or additions to the Exhibit "B"
General Terms & Conditions. In the event of any conflict between this Exhibit "A" and any other provision
specified in this Contract, this Exhibit "A" shall take precedence.
2.
The following is hereby added as a new Article 1.11: "The term of this CONTRACT shall be three (3)
years from the last date of execution by the parties with two one -year renewal periods to be exercised
solely at the option of the DISTRICT. If exercised, such renewals to this CONTRACT shall be authorized
through duly executed amendment(s) to this CONTRACT and shall be contingent upon satisfactory
performance evaluations as determined by the DISTRICT and shall be further subject to the availabilit), of
funds. c rrtg,far each bpt cirial dnev�al,peraod chap e as etdori ,an alsibtt "L" "
Article 1.13 is hereby added: "The CONTRACTOR agrees to comply with the applicable flowdown
provisions of the DISTRICT'S agreements with the Florida Department of Environmental Protection
(Department) for services performed in conjunction with Exhibit "C" Statement of Work. The flowdown
provisions are set forth under agreements executed between the DISTRICT and the Florida Fish and
Wildlife Conservation Commission. Applicable provisions of these agreements are as follows:
1.13.1 "The CONTRACTOR shall maintain books, records and documents directly pertinent to
performance under this CONTRACT in accordance with generally accepted accounting principles
consistently applied. The Department, the State, or their authorized representative shall have access
to such records for audit purposes during the term of this CONTRACT and for three years
following CONTRACT completion. In the event any work is subcontracted, the CONTRACTOR
shall similarly require each subcontractor to maintain and allow access to such records for audit
purposes."
1,13 .2 "The CONTRACTOR shall comply with all applicable federal, state and local rules and
regulations in providing services to the Department under this CONTRACT. The CONTRACTOR
acknowledges that this requirement includes compliance with all applicable federal, state and local
health and safety rules and regulation. The CONTRACTOR further agrees to include this provision
in all subcontracts issued as a result of this CONTRACT."
Article 1.14 is hereby added as follows: "The CONTRACTOR shall be required to maintain a minimum of
three (3) Ground Crew Supervisors for this contract. Each Ground Crew Supervisor shall possess and
maintain a valid Florida Department of Agriculture and Consumer Services certification in the Aquatics
and/or Natural Areas categories."
The following is hereby added as Article 1.15: "In the event of a herbicide spill by the CONTRACTOR,
the CONTRACTOR shall be the sole responsible party for reporting reportable quantities to the Florida
Department of Environmental Protection and is liable for all damages and site remediation whether
herbicide is provided by the CONTRACTOR or the DISTRICT."
A new Article 2. 1.1 is hereby added as follows: "Multiple contracts have been awarded for the services to
be provided under this CONTRACT, as stated on the CONTRACT cover page and Exhibit "C ". The
DISTRICT does not guarantee or represent that any minimum number of Work Orders for any dollar amount
will be issued as a result of this CONTRACT. The "Total Contract Amount" stated on the cover page of this
CONTRACT represents funding that may be used among the multiple CONTRACTS awarded by the
DISTRICT's Governing Board and in no way represents the amount to be paid under this CONTRACT through
any Work Order(s) that may be issued throughout the CONTRACT term."
Page 1 of 2, Exhibit "A ", Contract No. 4600002497
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12/11/2012 Item 16.A.27.
Article 5.1 is hereby revised by the addition of paragraph 3 as follows: "For services performed on the
following properties located adjacent to the Pennsuco wetlands, the CONTRACTOR agrees to defend,
indemnify, and pay on behalf, save and hold the following entities harmless from all damages arising in
connection with this CONTRACT."
a. Cemex Constructions Materials Florida, LLC ( "Cemex ")
b. Florida Rock Industries, Inc. dba, Vulcan Materials Company, Florida Rock Division,
( "Florida Rock ")
c. Oldcastle Southern Group, Inc., dba APAC Southeast, Inc. (APAC ")
d. Tarmac American LLC ("Tarmac")
8. Article 5.2 (a) is hereby added as follows: 115.2 (a) For services performed on the properties listed above,
the CONTRACTOR shall identify the entities as an additional insured on all insurance policies required by
the DISTRICT and shall provide Certificates of Insurance evidencing such coverage to the following, with
a copy of the DISTRICT, prior to entering the property:
a. Vice President - Aggregates c. Mr. Dennis McClelland
Cemex Construction Materials Florida, LLC APAC Southeast, Inc.
1501 Belvedere Road 144542 nd Street N.W.
West Palm Beach, FL 33401 Winter Haven, FL 33881
b. Mr. Kenny Knowles d. Ms. Cindy Burns
Florida Rock Industries, Inc. Tarmac American LLC
12201 N.W. 25" Street 255 Fairway Drive, Suite 200
Miami, FL 33182 Deerfield Beach, FL 33441"
9. The following is hereby added as Article 8.1.1: "The CONTRACTOR shall follow all Federal, State and
local regulations governing the application, transportation, storage, use and disposal of products used in the
performance of this CONTRACT. The CONTRACTOR shall follow all Federal, state or local safety
regulations pertaining to aquatic and natural area weed control operations, boat operations and vehicle
operations."
10. The following is hereby added as Article 8.1.2: "The CONTRACTOR shall verify and maintain
compliance with all regulations and standards regarding aquatic plant management including National
Pollutant Discharge Elimination System (NPDES) permits, Florida Department of Agriculture and
Consumer Services (DACS) and Florida Fish and Wildlife Conservation Commission Aquatic Plant
Pen-nits."
11. The following is hereby added as Article 8.1.3: "The CONTRACTOR shall be aware of and abide by all
laws that protect wildlife and plants including but not limited to the Endangered Species Act. The
CONTRACTOR shall also be aware of cultural and historical resources and the laws protecting them and
refer to Article 1.10.1 in the event the CONTRACTOR observes items that may have historical or
archeological value."
SFWMD ICE O SI APPROVED
By:
rr--
Date: d�
SFW PROCUREMENT APPROVED
B , `�
Date: Q -,J 34)
Page 2 of 2, Exhibit "A ", Contract No. 4600002497
Packet Page -2555-
,DER f,1q,�
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ti
SOUTH FL(, AIDA WATER MANAGED_ �NT 12/11/2012 Item 16.A.27.
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
ARTICLE 1- STATEMENT OF WORK
1.1 The CONTRACTOR shall, to the satisfaction
of the DISTRICT, fully and timely perform all work
items described in the "Statement of Work," attached
hereto as Exhibit "C ", and made a part of this
CONTRACT, as well as any supplemental Statement
of Work issued pursuant to any Work Order issued
hereunder pursuant to 1.1.1 below. In the event
CONTRACTOR employees or hired workers are
authorized to perform services on -site at DISTRICT
facilities by either Exhibit "C" or any supplemental
Work Order Statement of Work, the CONTRACTOR
hereby agrees to be bound by all applicable
DISTRICT policies and standards of conduct listed in
Attachment 1, to Exhibit "C" titled "Contractor Policy
Code Acknowledgment". CONTRACTOR shall
require each individual performing such on -site work to
execute the Attachment 1 form. It is the
CONTRACTOR's responsibility to advise its
employees or hired workers of the nature of the project,
as described in Exhibit "C" as well as any supplemental
Work Order Statement of Work issued hereunder. The
CONTRACTOR shall determine the method, details
and means of performing the services, within the
parameters established by Exhibit "C" as well as any
supplemental Work Order Statement of Work. The
DISTRICT may provide additional guidance and
instructions to CONTRACTOR's employees or hired
workers where necessary or appropriate as determined
by the DISTRICT.
1.1.1. The actual services required and either
fixed price or not -to- exceed consideration for providing
such services shall be detailed nn individual Work
Order(s) to this CONTRACT, a sample of which is
attached as Exhibit "I ", and made a part of this
CONTRACT. As actual services are identified by the
DISTRICT, the CONTRACTOR shall, upon request,
prepare a detailed technical and cost proposal for
submission to the DISTRICT. Cost proposals shall
include a detailed breakdown adequate to substantiate
all CONTRACTOR costs, including labor and
expenses. Cost proposals shall also incorporate any
established rates specified in Exhibit "L ", attached
hereto and made an integral part of this CONTRACT.
The DISTRICT shall evaluate the technical merit and
cost of each proposal submitted and conduct
negotiations with the CONTRACTOR to achieve
technical and cost objectives. Such negotiations will
result in a total consideration amount to be disbursed
under the applicable Work Order on either a fixed price
or time and materials basis within a not -to- exceed
limitation. In either case, the mutually agreed upon
fixed price /not -to- exceed amount for each authorized
Work Order issued hereunder shall be the only basis for
consideration by the DISTRICT. There may also be
circumstances under which a Work Order may be
issued with a combination of fixed price /lump sum and
not -to- exceed deliverables in which case the Work
Order will be labeled "Not -to- Exceed''. No work shall
commence prior to receipt of an authorized Work
Order. The DISTRICT does not guarantee or represent
that any minimum number of Work Orders for any
dollar amount will be issued as a result of this
CONTRACT.
1.1.2 In addition to the foregoing, award of
Work Orders under this CONTRACT shall be subject
to the following:
(a) Negotiation of a Statement of Work and a
price most advantageous to the DISTRICT.
(b) Availability of qualified personnel within
the required time frames; and
(c) Satisfactory perfonmance by the
CONTRACTOR under any previous Work Order(s)
issued by the DISTRICT.
1. 1.3 The DISTRICT has the right to make
unilateral changes to any Work Order without the
mutual written consent of the CONTRACTOR in the
event such action is determined to be in the best interest
of the DISTRICT. This right shall include the ability
to cancel any work order without liability to
CONTRACTOR other than payment for work product
accepted by the DISTRICT up through the effective
date of cancellation. Any such cancellation which
effectively eliminates remaining work order funding
and curtails the period of performance shall be
accomplished by providing thirty (30) days advance
written notice to the CONTRACTOR. No minimum
advance written notice requirement shall apply to any
other changes to Work Orders issued hereunder. With
the exception of cancellation, changes to Work Orders
are typically handled through a duly executed Work
Order revision document.
1.2 As part of the services to be provided by the
CONTRACTOR under this CONTRACT, the
CONTRACTOR shall substantiate, in whatever
forum reasonably requested by the DISTRICT, the
methodology, lab analytical examinations, scientific
theories, data, reference materials, and research notes.
Page 1 of 15, Exhibit "B"
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tER MAN
SOUTH FLT. .,UDA WATER MANAG0 :NT 12/11/2012 Item 16.A.27.
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
The CONTRACTOR shall also be required to
substantiate any and all work completed, including
but not limited to, work completed by subcontractors,
assistants, models, concepts, analytical theories,
computer programs and conclusions utilized as the
basis for the final work product required by the
CONTRACT. This paragraph shall survive the
expiration or termination of this CONTRACT.
1.3 The parties agree that time is of the essence in
the performance of each and every obligation under
this CONTRACT.
1.4 The CONTRACTOR shall conduct thorough
background checks for all of the CONTRACTOR's
employees or hired workers who will be working on
any DISTRICT site. The background checks shall
consist of education verification, a national criminal
check for state and federal felonies and
misdemeanors, and a check on immigration status in
accordance with Article 9.7. After reviewing the
results of the background check, the
CONTRACTOR shall determine whether the
CONTRACTOR's employee and /or hired worker
meets the necessary criteria for the position sought to
be filled by the DISTRICT. The DISTRICT will
rely on the CONTRACTOR's assessment of its
employees' or hired workers' suitability to be hired
for the position(s) sought to be filled by the
DISTRICT, based on the background check
conducted by the CONTRACTOR. Prior to
allowing any employees or hired workers to work on-
site at DISTRICT facilities, the CONTRACTOR
will provide written verification to the DISTRICT
that a complete background check, as described
above, was conducted for any such employee or
hired worker. The CONTRACTOR will place the
above language in any contract that it has with it
subcontractors and is responsible for its enforcement.
1.5 Should the services provided by the
CONTRACTOR fail to meet the expectations of the
DISTRICT's Project Manager, the CONTRACTOR
shall have a period of ten (10) working days from the
date notice is given to the CONTRACTOR by the
DISTRICT, to correct all deficiencies in the
CONTRACTOR's services under the Work Order. All
corrections shall be made to the satisfaction of the
DISTRICT Project Manager. Inability to correct all
deficiencies within the specified ten days shall be good
and sufficient cause to immediately terminate the Work
Order without the DISTRICT being liable for any and
all future obligations under the Work Order as
determined by the DISTRICT at its sole discretion.
The DISTRICT, in its judgment, may elect to
compensate the CONTRACTOR for any accepted
work product through the date of termination of an
authorized Work Order, provided it is in a form that is
sufficiently documented and organized to provide for
subsequent utilization in completion of the work
product.
1.6 In the event the project or work under this
CONTRACT requires that the CONTRACTOR or
subcontractor employees or other authorized agents
have unrestricted access to one or more DISTRICT
critical structures, those individuals will be required
to complete a fingerprint -based criminal history
check, pursuant to Chapter 373.6055, Florida Statutes
in order to qualify for such unrestricted access. If a
CONTRACTOR or subcontractor's employees or
other authorized agents will only have access to
DISTRICT critical structures when accompanied by
appropriate DISTRICT staff, a fingerprint -based
criminal history check will not be required. The
DISTRICT's Project Manager or designated
DISTRICT representative will notify
CONTRACTOR when fingerprint -based criminal
checks are required. Each individual subject to the
criminal history check shall have a complete set of
fingerprints taken at DISTRICT headquarters as
soon as practicable after the CONTRACTOR is
informed that the fingerprinting is necessary.
Fingerprints shall be submitted to the Department of
Law Enforcement for state processing and to the
Federal Bureau of Investigation for federal
processing. The results of each fingerprint -based
criminal history check shall be reported to the
DISTRICT. The individuals who must undergo the
fingerprint -based criminal history check shall not
have unrestricted access to a critical structure until
the fingerprint process is complete and the
nrdividual(s) are cleared and thereby qualified for
access. The criminal violations that will prohibit
unrestricted access to a DISTRICT critical
structure(s) are outlined in subparagraphs 3 (c) (1)
and 3 (c) (2) of Florida Statute 373.6055.
1.7 Any manuscripts, technical publications,
presentation slides or other documents resulting from
or related to the Work performed under this
CONTRACT shall be submitted to the DISTRICT
for review and approval prior to publication by the
CONTRACTOR in any forum or format. This
Page 2 of 15, Exhibit "B"
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SOUTH FLL AIDA WATER MANAGED _JNT 12/11/2012 Item 16.A.27.
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
paragraph shall survive the expiration or termination
of this CONTRACT.
1.8 Any use of data gathered under this
CONTRACT that has not been through the quality
assurance /quality control validation described in
Exhibit "C" will be at the CONTRACTOR's own
risk and shall not make reference to the DISTRICT.
This paragraph shall survive the expiration or
termination of this CONTRACT.
1.9 In the event the Exhibit "C" Statement of
Work requires that the DISTRICT provide the
CONTRACTOR with keys to access any
DISTRICT structures or Right -of -Ways through its
key permitting system, a deposit shall apply.
Because the cost to re -key DISTRICT structures is
high, should the CONTRACTOR lose any keys
provided by the DISTRICT, such loss shall not only
result in the loss of the CONTRACTOR's deposit,
but may also result in the assessment of progressively
higher fines depending on how many keys may have
been lost throughout the term of this CONTRACT
or across multiple contracts between the
CONTRACTOR and the DISTRICT. The
DISTRICT reserves the right to offset the amounts
owed pursuant to this provision against payments due
to the CONTRACTOR under this CONTRACT
and/or against payments due under any other
contracts or purchase orders between the DISTRICT
and CONTRACTOR. Repeated loss of keys may
also be used as a basis for deeming the
CONTRACTOR as non - responsible in conjunction
with bid or proposal submissions.
1.10 if applicable, known historic, archeological and
cultural resources within the CONTRACTOR's
work area(s) will be designated as a "sensitive
environmental area" in the executed Work Order. If
so designated, the CONTRACTOR shall install
protection for these resources and shall be
responsible for their preservation during the Work
Order's duration. The CONTRACTOR shall not
distribute maps or other information on these
resource locations except for distribution among the
CONTRACTOR's staff with a "need to know"
technical responsibility for protecting the resources.
1.10.1 Inadvertent Discoveries: If, during
the performance of work, the CONTRACTOR
observes items that may have historic or
archeological value, such observations shall be
reported immediately to the DISTRICT so that the
appropriate staff may be notified and a determination
for what, if any, additional action is needed.
Examples of historic, archeological and cultural
resources are bones, remains, artifacts, shell, midden,
charcoal or other deposits, rocks or coral, evidences
of agricultural or other human activity, alignments,
and constructed features. The CONTRACTOR shall
cease all activities that may result in the destruction
of these resources and shall prevent his employees
from further removing, or otherwise damaging, such
resources."
1.10.2 Upon discovery and subsequent
reporting of a possible inadvertent discovery of
cultural resources, the CONTRACTOR shall seek to
continue work well away from, or otherwise
protectively avoiding, the area of interest, or in some
other manner that strives to continue productive
activities in keeping with the Work Order. Should an
inadvertent discovery be of the nature that impact(s)
to the work schedule are evident, such delays shall be
coordinated with the DISTRICT.
ARTICLE 2 - COMPENSATION/
CONSIDERATION
2.1 The total consideration for all work required
by the DISTRICT pursuant to this CONTRACT
shall not exceed the amount as indicated on the
cover /signature page of this CONTRACT. Such
amount includes all expenses which the
CONTRACTOR may incur and therefore no
additional consideration shall be authorized.
2.2 Notwithstanding the foregoing, the amount
expended under this CONTRACT shall be paid in
accordance with, and subject to the funding allocations
for each DISTRICT fiscal year indicated on the
cover /signature page of this CONTRACT. Funding
for each applicable fiscal year of this CONTRACT is
subject to DISTRICT Governing Board budgetary,
appropriation. In the event the DISTRICT does not
approve funding for any subsequent fiscal year, this
CONTRACT shall terminate upon expenditure of the
current funding, notwithstanding other provisions in
this CONTRACT to the contrary. The DISTRICT
will notify the CONTRACTOR in writing after the
adoption of the final DISTRICT budget for each
subsequent fiscal year if funding is not approved for
this CONTRACT.
Page 3 of 15, Exhibit "B"
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SOUTH FLuAIDA WATER MANAGEn_ 'NT : 12/11/2012 Item 16.A.27.
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
2.3 The CONTRACTOR, by executing this
CONTRACT, certifies to truth -in- negotiation,
specifically, that wage rates and other factual unit costs
supporting the consideration are accurate, complete,
and current at the time of contracting. The
CONTRACTOR agrees that the DISTRICT may
adjust the consideration for this CONTRACT to
exclude any significant sums by which the
consideration was increased due to inaccurate,
incomplete, or non - current wage rates and other factual
unit costs. The DISTRICT shall make any such
adjustment within one (1) year following the expiration
or tennination of this CONTRACT.
2.4 In the event any travel is required by members
of the CONTRACTOR's staff to fulfill its
performance of the terms and conditions of this
CONTRACT, such travel shall require prior written
authorization by the DISTRICT. The DISTRICT
shall only reimburse the CONTRACTOR for travel
expenses, including transportation, lodging, food, and
incidental expense to the extent provided under Chapter
112, Florida Statutes and the DISTRICT's Travel
Policy Chapter 201, Article VI. A completed "Travel
Expense Report", attached hereto as Exhibit "J ", or
similar form, together with copies of receipts to support
travel expenses must accompany all requests for travel
reimbursement.
ARTICLE 3 — INVOICING AND PROMPT
PAYMENT
3.1 The CONTRACTOR's invoices shall reference
the DISTRICT's Contract Number, Work Order
Number and SAP PO Number specified on the
cover /signature page of the CONTRACT. Original
invoices shall be sent to the attention of Accounts
Payable at the address specified on the cover /signature
page of this CONTRACT. In addition, the
CONTRACTOR shall submit a copy of all invoices
to the attention of the Project Manager listed on the
cover /signature page of the CONTRACT. Invoices
submitted to the attention of the Project Manager may
also be submitted electronically via e -mail or fax.
INVOICES SUBMITTED TO THE PROJECT
MANAGER SHALL BE CLEARLY STAMPED
OR MARKED "COPY ". A third set of invoice
copies along with the Small Business Utilization
Reports shall also be submitted to the Small
Business Enterprise office as described in Article
10.4.
3.2 The CONTRACTOR shall submit the
invoices pursuant to the schedule outlined in the
Exhibit "D" Payment and Deliverable Schedule
attached to each Work Order. For Work Orders
issued on a time and materials basis, all invoices shall
be substantiated by adequate supporting
documentation to justify hours expended and
expenses incurred within the Work Order's not -to-
exceed budget including, but not limited to, copies of
approved timesheets, payment vouchers, expense
reports (included approved travel costs, if
applicable), receipts and subcontractor invoices.
Work Orders issued on a "Not -to- Exceed" basis
where Exhibit "D" specifies a combination of fixed
price /lump sum and not -to- exceed amounts
associated with deliverables will also be subject to
the same supporting documentation requirements
described above whenever invoices are submitted for
the not -to- exceed line items. Any travel authorized
by the DISTRICT shall be reimbursed in accordance
with Chapter 112, Florida Statutes and in accordance
with Article 2.4 above.
3.3 It is the policy of the DISTRICT that payment
for all goods and services shall be made in a timely
manner and that interest payments are made on late
payments. In accordance with Florida Statutes,
Chapter 218.70, Florida Prompt Payment Act, a
"proper" invoice is defined as an invoice that
conforms to all statutory requirements and all
DISTRICT requirements as specified in the
CONTRACT for invoice submission. The time at
which payment shall be due from the DISTRICT
shall be forty -five (45) days from receipt of a proper
invoice and acceptance of services and /or
deliverables, based on compliance with the statutory
requirements set forth in Chapter 218.70, F.S. and
upon satisfaction of the DISTRICT conditions as
detailed in the CONTRACT document.
Failure of the CONTRACTOR to follow the
instructions set forth in the CONTRACT regarding a
proper invoice and acceptable services and /or
deliverables may result in an unavoidable delay in
payment by the DISTRICT. All payments due from
the DISTRICT for a proper invoice and acceptable
services and/or deliverables and not made within the
time specified in this section shall bear interest from
thirty (30) days after the due date at the rate of one
percent (1 %) per month on the unpaid balance. The
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EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
CONTRACTOR shall invoice the DISTRICT for
payment of any accrued unpaid interest.
Any disputes regarding invoice payments which
cannot be resolved by the appropriate department of
the DISTRICT shall be concluded by final written
decision of the DISTRICT Leadership Team not
later than sixty (60) days after the date on which the
proper invoice was received by the DISTRICT.
3.4 The DISTRICT shall not pay for any
obligation or expenditure made by the
CONTRACTOR prior to the commencement date of
this CONTRACT or prior to receipt of authorized
Work Order(s), unless the DISTRICT authorizes
such payment in writing.
3.5 Any early payment discount offered by the
CONTRACTOR shall be clearly indicated on the
invoice, including the percentage of the discount and
the time period for which the discount is valid. The
DISTRICT reserves the option to accept such early
payment discounts.
ARTICLE 4 - PROJECT MANAGEMENT/
NOTICE
4.1 The parties shall direct all technical matters
arising in connection with the performance of this
CONTRACT, other than invoices and notices, to the
attention of the respective Project Managers specified
on the cover /signature page of the CONTRACT for
attempted resolution or action. The Project Managers
shall be responsible for overall coordination and
oversight relating to the performance of this
CONTRACT. The CONTRACTOR shall direct all
administrative matters, including invoices and notices,
to the attention of the DISTRICT's Contract Specialist
specified on the cover /signature page of the
CONTRACT.
All formal notices between the parties under this
CONTRACT shall be in writing and shall be deemed
received if sent by certified mail, return receipt
requested, to the respective addresses specified on the
cover /signature page of the CONTRACT. The
CONTRACTOR shall also provide a copy of all
notices to the DISTRICT's Project Manager. All
notices required by this CONTRACT shall be
considered delivered upon receipt. Should either party
change its address, written notice of such new address
shall promptly be sent to the other party.
All correspondence to the DISTRICT under this
CONTRACT shall reference the DISTRICT's
Contract Number specified on the cover /signature page
of the CONTRACT.
4.2 The CONTRACTOR agrees that the
individual(s) listed in Exhibit "G ", attached hereto
and made a part of this CONTRACT shall provide
services under this CONTRACT. The services of the
individual(s) listed herein are a substantial
inducement and material consideration for this
CONTRACT. In the event such individual(s) can no
longer provide the services required by this
CONTRACT, the CONTRACTOR shall
immediately notify the DISTRICT in writing and the
DISTRICT may elect to terminate this
CONTRACT, for this reason, without any liability
whatsoever to the CONTRACTOR, including but
not limited to liability for unfinished work product.
The CONTRACTOR may propose a replacement
for the individual(s), subject to the optional approval
of the DISTRICT. The DISTRICT, in its judgment,
may elect to compensate the CONTRACTOR for
any unfinished work product, provided it is in a form
that is sufficiently documented and organized to
provide for subsequent utilization in completion of
the work product.
4.3 At its sole discretion, the DISTRICT has the
right to order the immediate replacement of any
individual(s) working on behalf of the
CONTRACTOR as long as the basis for the
replacement is not discriminatory or for any other
reason contrary to taw. The DISTRICT may take this
action if the DISTRICT determines that it is in its best
interest to do so, but will not be required to provide a
reason for requesting the replacement of any
individual(s). In such event, the CONTRACTOR
shall be responsible for carrying out such replacement
and for returning DISTRICT property in accordance
with DISTRICT policies and procedures. The
CONTRACTOR may propose a replacement for the
individual(s), subject to the optional approval of the
DISTRICT. The DISTRICT may also elect to
terminate this CONTRACT, for this reason, without
any liability whatsoever to the CONTRACTOR,
including but not limited to liability for unfinished
work product.
The CONTRACTOR will place the above language in
any contract that it has with subcontractors. The
CONTRACTOR will enforce the replacement of
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EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
subcontractor personnel upon request by the
DISTRICT.
ARTICLE 5 - INDEMNIFICATION &
INSURANCE
5.1 For value received, which is hereby
acknowledged, the CONTRACTOR shall indemnify
and hold the DISTRICT, its officers, directors, board
members, agents, assigns, and employees harmless
from liabilities, damages, losses and costs, including,
but not limited to reasonable attorneys' fees, to the
extent caused by the negligence, recklessness or
intentionally wrongful conduct of the
CONTRACTOR and other persons employed or
utilized by the CONTRACTOR in the performance of
the CONTRACT.
The CONTRACTOR further acknowledges that it is
solely responsible for ensuring its compliance and the
compliance of its subcontractors, suppliers, agents,
assigns, invitees and employees with the terms of this
CONTRACT. This paragraph shall survive the
expiration or termination of this CONTRACT.
5.2 The CONTRACTOR shall procure and
maintain, through the term of this CONTRACT,
insurance coverage reflecting, at a minimum, the limits
and coverage conditions identified on the DISTRICT's
Insurance Requirements, attached as Exhibit "H" and
made a part of this CONTRACT. The coverage
required shall extend to all employees and
subcontractors of the CONTRACTOR. Prior to the
execution of this CONTRACT, the CONTRACTOR
shall provide a Certificate of Insurance for such
coverage to the DISTRICT for approval, indicating the
producer, insured, carrier's name, and BEST rating,
policy numbers and effective and expiration dates of
each type of coverage required. The Certificate of
Insurance shall be signed by the insurance carrier's
authorized representative and shall identify the
DISTRICT as added insured as required.
5.3 All insurers must be qualified to lawfully
conduct business in the State of Florida. Failure of
the DISTRICT to notify the CONTRACTOR that
the certificate of insurance does not meet the
CONTRACT requirements shall not constitute a
waiver of the CONTRACTOR's responsibility to
meet the stated requirement. In addition, receipt and
acceptance of the certificate of insurance by the
DISTRICT shall not relieve the CONTRACTOR
from responsibility for adhering to the insurance
limits and conditions of insurance required within
this CONTRACT. Misrepresentation of any
material fact, whether intentional or not, regarding
the CONTRACTOR's insurance coverage, policies
or capabilities, may be grounds for termination of the
CONTRACT as determined solely by the
DISTRICT.
ARTICLE 6 - TERMINATION/REMEDIES
6.1 It is the policy of the DISTRICT to encourage
good business practices by requiring consultants to
materially perform in accordance with the terms and
conditions of the DISTRICT CONTRACT. In
accordance with DISTRICT Rule 40E -7, Part II,
F.A.C., "material breach" is defined as any
substantial, unexcused non - performance by failing to
perform an act that is an important part of the
transaction or performing an act inconsistent with the
terms and conditions of the CONTRACT.
If the CONTRACTOR materially fails to fulfill its
obligations under this CONTRACT, the DISTRICT
will provide written notice of the deficiency by
forwarding a Cure Notice citing the specific nature of
the material breach. The CONTRACTOR shall
have thirty (30) days to cure the breach. If the
CONTRACTOR fails to cure the breach within the
thirty (30) day period, the DISTRICT shall issue a
Termination for Default Notice. Once the
DISTRICT has notified the CONTRACTOR that it
has materially breached its CONTRACT with the
DISTRICT, by sending a Termination for Default
Notice, the DISTRICT's Governing Board shall
determine whether the CONTRACTOR should be
suspended from doing future work with the
DISTRICT, and if so, for what period of time. The
DISTRICT's Governing Board will consider the
factors detailed in Rule 40E -7, Part II, F.A.C. in
making a determination as to whether a
CONTRACTOR should be suspended, and if so, for
what period of time. Should the DISTRICT
terminate for default in accordance with this
provision, the DISTRICT shall be entitled to recover
reprocurement costs in addition to all other remedies
under law and/or equity.
62 The DISTRICT may terminate this
CONTRACT, with or without cause, at any time for
convenience upon thirty (30) calendar days prior
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EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
written notice to the CONTRACTOR. The
performance of work under this CONTRACT may be
terminated by the DISTRICT in accordance with this
clause in whole, or from time to time in part, whenever
the DISTRICT shall determine that such termination is
in the best interest of the DISTRICT. Any such
termination shall be effected by delivery to the
CONTRACTOR of a Notice of Termination
specifying the extent to which performance of work
under the CONTRACT is terminated, and the date
upon which such termination becomes effective.
In the event of termination for convenience, the
DISTRICT shall compensate the CONTRACTOR
for all authorized and accepted deliverables completed
through the date of termination in accordance with
Work Orders issued hereunder. The DISTRICT shall
be relieved of any and all future obligations hereunder,
including but not limited to lost profits and
consequential damages, under this CONTRACT. The
DISTRICT may withhold all payments to the
CONTRACTOR for such work until such time as the
DISTRICT determines the exact amount due to the
CONTRACTOR.
6.3 In the event a dispute arises which the project
managers cannot resolve between themselves, the
parties shall have the option to submit to non - binding
mediation. The mediator or mediators shall be
impartial, shall be selected by the parties, and the cost
of the mediation shall be borne equally by the parties.
The mediation process shall be confidential to the
extent permitted by law.
6.4 The DISTRICT may order that all or part of the
work stop if circumstances dictate that this action is in
the DISTRICT's best interest. Such circumstances
may include, but are not limited to, unexpected
technical developments, direction given by the
DISTRICT's Governing Board, a condition of
immediate danger to DISTRICT employees, or the
possibility of damage to equipment or property. This
provision shall not shift responsibility for loss or
damage, including but not limited to, lost profits or
consequential damages sustained as a result of such
delay, from the CONTRACTOR to the DISTRICT.
If this provision is invoked, the DISTRICT shall notify
the CONTRACTOR in writing to stop work as of a
certain date and specify the reasons for the action,
which shall not be arbitrary or capricious. The
CONTRACTOR shall then be obligated to suspend all
work efforts as of the effective date of the notice and
until further written direction from the DISTRICT is
received. Upon resumption of work, if deemed
appropriate by the DISTRICT, the DISTRICT may
amend this CONTRACT and/or any Work Order to
reflect any changes to Exhibit "C ", Statement of Work
and/or the project schedule.
ARTICLE 7 - RECORDS RETENTION/
OWNERSHIP
7.1 The CONTRACTOR shall maintain records
and the DISTRICT shall have inspection and audit
rights as follows:
A. Maintenance of Records: The
CONTRACTOR shall maintain all financial and non-
financial records and reports directly or indirectly
related to the negotiation or performance of this
CONTRACT including supporting documentation for
any service rates, expenses, research or reports. Such
records shall be maintained and made available for
inspection for a period of five (5) years from
completing performance and receiving final payment
under this CONTRACT.
B. Examination of Records: The DISTRICT
or its designated agent shall have the right to examine
in accordance with generally accepted governmental
auditing standards all records directly or indirectly
related to this CONTRACT. Such examination may be
made only within five (5) years from the date of final
payment under this CONTRACT and upon reasonable
notice, tune and place.
C. Extended Availability of Records for Legal
Disputes: In the event that the DISTRICT should
become involved in a legal dispute with a third party
arising from performance under this CONTRACT, the
CONTRACTOR shall extend the period of
maintenance for all records relating to the
CONTRACT until the final disposition of the legal
dispute, and all such records shall be made readily
available to the DISTRICT.
D. Audit Findings: In the event the
DISTRICT exercises its right hereunder to audit the
CONTRACTOR's financial and accounting records
within a period of one (1) year following the
completion or termination date of this CONTRACT
and such audit results in the proper disallowance of
costs based on the auditor's finding(s), the
CONTRACTOR shall be obligated to refund the
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GENERAL TERMS AND CONDITIONS
DISTRICT for such disallowance(s) upon demand.
At its option, the DISTRICT shall also have the right
to reduce payments due to the CONTRACTOR
under this CONTRACT by the amount of any
disallowance resulting from audits conducted under
this CONTRACT.
E. Applicability to Authorized Agents: In the
event that any of the Work is delegated by the
CONTRACTOR, the CONTRACTOR hereby
agrees to include in any such contract a provision
requiring such vendor, consultant, agent and/or
subcontractor to agree to the same requirement for
records retention, inspection and audit rights as set
forth in this Article 7.
7.2 The DISTRICT shall retain exclusive title,
copyright and other proprietary rights in all work items,
including but not limited to, all documents, technical
reports, research notes, scientific data, computer
programs, including the source and object code,
which are developed, created or otherwise originated
hereunder by the CONTRACTOR, its
subcontractor(s), assign(s), agent(s) and /or
successor(s) as required by the Exhibit "C ",
Statement of Work and any specified Work Order
issued hereunder (the "Work "). In consideration for
the DISTRICT entering into this CONTRACT, and
other good and valuable consideration the sufficiency
and receipt in full of which is hereby acknowledged
by the CONTRACTOR, the CONTRACTOR
hereby assigns, transfers, sells and otherwise grants
to the DISTRICT any and all rights it now has or
may have in the Work (the "Grant'). This Grant shall
be self - operative upon execution by the parties
hereto, however the CONTRACTOR agrees to
execute and deliver to the DISTRICT any further
assignments or other instruments necessary to
evidence the Grant, without the payment of any
additional consideration by the DISTRICT. The
CONTRACTOR may not disclose, use, license or
sell any work developed, created, or otherwise
originated hereunder to any third parry whatsoever.
This paragraph shall survive the termination or
expiration of this CONTRACT.
7.3 The CONTRACTOR and the DISTRICT
agree that each Work Order shall also identify any
proprietary data processing software as defined by
Chapter 119, Florida Statutes, which has been
lawfully acquired by the CONTRACTOR under
license from a third party, including the right to
sublicense such software, if appropriate, for use by
the DISTRICT hereunder. If deemed appropriate,
applicable sub - licensing terms and conditions shall
be negotiated by the parties and incorporated by
reference into each applicable Work Order. The
CONTRACTOR shall grant to the DISTRICT a
perpetual, non - transferable, non - exclusive right to
use the identified software without an additional fee.
Both parties acknowledge that title to the software
identified above shall remain with the applicable
Licensor.
7.4 Any equipment purchased by the
CONTRACTOR with District funding under this
CONTRACT shall be returned and title transferred
from the CONTRACTOR to the DISTRICT
immediately upon termination or expiration of this
CONTRACT upon the written request of the
DISTRICT not less than thirty (30) days prior to
CONTRACT expiration or termination. Equipment
is hereby defined as any non - consumable items
purchased by the DISTRICT with a value equal to or
greater than $1000.00 and with a normal expected
life of one (1) year or more. The CONTRACTOR
will maintain any such equipment in good working
condition while in its possession and will return the
equipment to the DISTRICT in good condition, less
normal wear and tear. The CONTRACTOR will
use its best efforts to safeguard the equipment
throughout the period of performance of this
CONTRACT. However the DISTRICT will not
hold the CONTRACTOR liable for loss or damage
due to causes beyond the CONTRACTOR's
reasonable control. In the event of loss or damage,
the CONTRACTOR shall notify the DISTRICT in
writing within five (5) working days of such
occurrence.
7.5 The DISTRICT has acquired the right to use
certain software under license from third parties. For
purposes of this CONTRACT, the DISTRICT may
permit the CONTRACTOR access to certain third
parry owned software on DISTRICT computer
systems. The CONTRACTOR acknowledges the
proprietary nature of such software and agrees not to
reproduce, distribute or disclose such software to any
third parry. Use of or access to such software shall
be restricted to designated DISTRICT owned
systems or equipment. Removal of any copy of
licensed software is prohibited.
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EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
7.6 Pursuant to Chapter 119, Florida Statutes any
plans and specs created or received by the
DISTRICT pursuant to this CONTRACT which
include building plans, blueprints, schematic
drawings, and diagrams, including draft, preliminary
and final formats, which depict the internal layout
and structural elements of a building, water treatment
facility, or other structure are exempt from the Public
Records law and must be maintained in a confidential
manner by the CONTRACTOR.
The CONTRACTOR shall complete, comply with
and furnish to the DISTRICT a signed copy of a
Plan and Specification Request Form, attached hereto
as Exhibit "M ". In addition, the CONTRACTOR
acknowledges that it is solely responsible for
ensuring its compliance and the compliance of its
staff, and subcontractors with the terms of Exhibit
"M" and Chapter 119, Florida Statutes. This
paragraph shall survive the expiration or termination
of this CONTRACT. Exhibit "M" will remain on
file with the DISTRICT during the term of the
CONTRACT so that the CONTRACTOR will not
have to fill out a new Exhibit for each Work Order
issued to the CONTRACTOR.
7.7 During the term of this CONTRACT, the
DISTRICT may provide the CONTRACTOR with
the temporary use of computer hardware and
software specified in Attachment "2" to the Exhibit
"C" Statement of Work (hereafter referred to as
"Computer Equipment "). CONTRACTOR
represents that it has read and understands the section
of the Contractor Policy Code Acknowledgement
(Attaclunent I to the Exhibit "C" Statement of Work)
that deals with the use of DISTRICT IT resources
which shall apply to the use of the Computer
Equipment. CONTRACTOR further agrees to
maintain the Computer Equipment in good working
condition while in its possession and will return the
Computer Equipment to the DISTRICT upon
request by the DISTRICT or upon termination or
expiration of this CONTRACT in good working
condition, less normal wear and tear. All Computer
Equipment is hereby provided to the
CONTRACTOR "as is ", "where is" and "with all
faults ".
The CONTRACTOR shall assume all responsibility
for safeguarding the Computer Equipment including
loss or damage and its proper use throughout the term
of this CONTRACT. In the event of loss or damage,
the CONTRACTOR shall notify the DISTRICT in
writing within five (5) working days of such
occurrence. The CONTRACTOR shall provide the
DISTRICT with one hundred percent (100 %) of the
current market value as stipulated in Attachment "2"
to Exhibit "C" in the event any of the Computer
Equipment is lost, stolen or irreparably damaged.
CONTRACTOR acknowledges the proprietary
nature of all applicable third party software listed in
Attachment 2 and agrees not to reproduce, distribute
or disclose such software to any third party, Use of
all software shall be restricted to the hardware
provided by the DISTRICT. Removal of any copy of
licensed software is prohibited.
7.8 In the event the Work involves a need to loan any
equipment (other than Computer Equipment as
defined in 7.7 above) to the CONTRACTOR, the
following provisions shall apply.
A. The DISTRICT hereby conveys for the
temporary use by the CONTRACTOR the equipment
as identified in Exhibit "C" Statement of Work
(hereinafter referred to as the "Equipment ").
B. The CONTRACTOR is hereby authorized to
use the Equipment identified in Exhibit "C" only for
those proposes identified in Exhibit "C ".
C. CONTRACTOR hereby agrees to maintain the
Equipment in good working condition while in its
possession and will return the Equipment to the
DISTRICT in good working condition, less normal
wear and tear, at the CONTRACTOR's sole expense
upon termination, or expiration of this CONTRACT
or upon completion of the work described in the
Exhibit "C" Statement of Work, whichever occurs
first. CONTRACTOR will adequately safeguard the
Equipment throughout the term this CONTRACT.
In the event of loss or damage, CONTRACTOR
shall notify the DISTRICT in writing within five (5)
working days of such occurrence. While in the
CONTRACTOR's possession, the CONTRACTOR
shall assume all responsibility for the Equipment
including loss or damage and its proper use.
CONTRACTOR shall be solely responsible for
paying all costs associated with operating and
maintaining the Equipment, including but not limited
to, any applicable taxes or assessments, permits,
licenses or insurance. CONTRACTOR further
agrees that it will acquire license plates and vehicle
registration as required by Florida Statutes, if
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GENERAL TERMS AND CONDITIONS
required for the Equipment. CONTRACTOR shall
provide the DISTRICT with one hundred percent
(100 %) of the current market value as stipulated in
Exhibit "C" in the event any of the Equipment is
either lost, stolen or irreparably damaged. The
CONTRACTOR further agrees to repair any
damaged Equipment so as to restore the Equipment
fully to the current market value at that time as
agreed upon by the CONTRACTOR and
DISTRICT. All Equipment provided hereunder is
hereby loaned "as is ", "where is" and "with all
faults ".
D. The DISTRICT states and CONTRACTOR
acknowledges that CONTRACTOR disclaims any
reliance upon any statements or representations made
by the DISTRICT. DISTRICT has not made and
specifically disclaims any representation or warranty
of any kind, directly or indirectly, express or implied,
with respect to the suitability, durability, design,
operation or condition of the Equipment or any part
thereof, its merchantability, or its fitness for use for
the particular purposes and uses of the
CONTRACTOR or otherwise. DISTRICT shall not
be liable to the CONTRACTOR for any loss,
damage, or expense of any kind or nature caused
directly or indirectly by the Equipment provided
hereunder.
E. In the event of CONTRACT termination, the
CONTRACTOR shall promptly return all Equipment,
at the CONTRACTOR's expense unless otherwise
stated in Exhibit "C ", to the DISTRICT without
further obligation.
ARTICLE 8 - STANDARDS OF
COMPLIANCE
8.1 The CONTRACTOR, its employees,
subcontractors or assigns, shall comply with all
applicable federal, state, and local laws and regulations
relating to the performance of this CONTRACT. The
DISTRICT undertakes no duty to ensure such
compliance, but will attempt to advise the
CONTRACTOR, upon request, as to any such laws of
which it has present knowledge.
8.2 The CONTRACTOR hereby assures that no
person shall be discriminated against on the grounds of
race, color, creed, national origin, handicap, age, or sex,
in any activity under this CONTRACT. The
CONTRACTOR shall take all measures necessary to
effectuate these assurances.
8.3 The parties hereto agree that all actions or
proceedings arising in connection with this
CONTRACT shall be tried and litigated exclusively in
the State and Federal courts of competent jurisdiction
located in the State of Florida, Palm Beach County.
The aforementioned choice of venue is intended by the
parties to be mandatory and not permissive in nature,
thereby precluding the possibility of litigation between
the parties with respect to or arising out of this
CONTRACT in any jurisdiction other than that
specified in the paragraph. The parties agree to waive
any objections to venue or jurisdiction in Palm Beach
County, Florida, for the purpose of litigating any
dispute, controversy, or proceeding arising out of or
related to this CONTRACT.
Each party, to the extent permitted by law, knowingly,
voluntarily, and intentionally waives its right to a trial
by jury in an), action or other legal proceeding arising
out of or relating to this CONTRACT and the
transactions it contemplates. This waiver- applies to an
action or legal proceeding, whether sounding in
contract, tort or otherwise.
8.4 The CONTRACTOR, by its execution of this
CONTRACT, acknowledges and attests that neither it,
nor any of its suppliers, subcontractors, or contractors
who shall perform work which is intended to benefit
the DISTRICT is a convicted vendor or has been
placed on the discriminatory vendor list. If the
CONTRACTOR or any affiliate of the
CONTRACTOR has been convicted of a public entity
crime or has been placed on the discriminatory vendor
list, a period longer than 36 months must have passed
since that person was placed on the convicted vendor or
discriminatory vendor list. The CONTRACTOR
finrther understands and accepts that this CONTRACT
shall be either void by the DISTRICT or subject to
inunediate termination by the DISTRICT, in the event
there is any misrepresentation or lack of compliance
with the mandates of Chapter- 287.133 or Chapter
287.134, respectively, Florida Statutes. The
DISTRICT, in the event of such termination, shall not
incur any liability to the CONTRACTOR for any
work or materials furnished.
8.5 The CONTRACTOR shall not utilize the
DISTRICT's exemption certificate number issued
pursuant to Sales and Use Tax Law, Chapter 212,
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GENERAL TERMS AND CONDITIONS
Florida Statutes, when purchasing materials used to
fulfill its contractual obligations with the DISTRICT.
The CONTRACTOR shall be responsible and liable
for the payment of all applicable FICA/Social Security
and other taxes resulting. from this CONTRACT. In
the event the CONTRACTOR is -'a sole proprietor, the
CONTRACTOR is responsible for submitting
quarterly returns to the Federal Government.
8.6 The CONTRACTOR warrants that it has not
employed or retained any person, other than a bona fide
employee working solely for the CONTRACTOR, to
solicit or secure this CONTRACT. Further the
CONTRACTOR warrants that it has not paid or
agreed to pay any person, other than a bona fide
employee working solely for the CONTRACTOR,
any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the
awarding or making of this CONTRACT. For breach
of this provision, the DISTRICT may terminate this
CONTRACT without liability and, at its discretion,
deduct or otherwise recover the full amount of such fee;
commission, percentage, gift, or other consideration.
8.7 The CONTRACTOR shall, at its own expense,
allow public access to all project documents and
materials in accordance with the provisions of Chapter
119, Florida Statutes. If at any time the DISTRICT
requests copies of CONTRACTOR'S records in
response to a public records request, CONTRACTOR
shall, at its own expense, promptly provide copies of all
of its records in whatever format reasonably requested
by the DISTRICT. Should the CONTRACTOR
assert any exemptions to the requirements of Chapter
119 and related Statutes, the burden of establishing
such exemption, by way of injunctive or other relief as
provided by law, shall be upon the CONTRACTOR.
The CONTRACTOR shall refer any public records
requests for project documents covered by this
provision to the DISTRICT and the DISTRICT' will
handle the request.
8.7.1 Pursuant to Chapters 119, and 1004.22
Florida Statutes, data processing software obtained
by an agency under a license agreement which
prohibits its disclosure and which software is a trade
secret, as defined in Chapter 812.081(c), Florida
Statutes is exempt from the disclosure provisions of
the Public Records law. However, the parties hereto
agree that if a request is made of the DISTRICT,
pursuant to Chapter 119, Florida Statute, for public
disclosure of proprietary property being licensed to
the CONTRACTOR (Licensee) hereunder, the
DISTRICT shall advise the CONTRACTOR
(Licensee) of such request and, as between the
DISTRICT and the CONTRACTOR (Licensee), it
shall be the CONTRACTOR's (Licensee's) sole
burden and responsibility to immediately seek and
obtain such injunctive or other relief from the Courts
and to immediately serve notice of the same upon the
Licensor to protect the Licensoe's claimed exemption
under the Statute.
8.8 The CONTRACTOR shall make reasonable
efforts to obtain any necessary federal, state, local,
and other governmental approvals, as well as all
necessary private authorizations and permits, prior to
the commencement of performance of this
CONTRACT. A delay in obtaining permits shall not
give rise to a claim by the CONTRACTOR for
additional compensation. If the CONTRACTOR is
unable to obtain all necessary permits in a timely
manner, either party may elect to terminate this
CONTRACT, each party to bear its own costs,
notwithstanding other provisions of this
CONTRACT to the contrary.
8.9 Pursuant to Chapter 216.347, F.S., the
CONTRACTOR is prohibited from the expenditure of
any funds under this CONTRACT to lobby the
Legislature, the judicial branch or another state agency.
8.10 The DISTRICT is a governmental entity
responsible for performing a public service and
therefore has a legitimate interest in promoting the
goals and objectives of the agency. The work under
this CONTRACT involves a project consistent with
these goals and objectives. Consequently, the
DISTRICT is desirous of satisfactorily completing
and successfully promoting this project with the
cooperation of its CONTRACTOR. Therefore, as
the DISTRICT'S CONTRACTOR for this project,
the CONTRACTOR assures the DISTRICT that
the CONTRACTOR, its employees, subcontractors
and assigns will refrain from acting adverse to the
DISTRICT'S legitimate interest in promoting the
goals and objectives of this project. The
CONTRACTOR agrees to take all reasonable
measures necessary to effectuate these assurances. In
the event the CONTRACTOR determines it is
unable to meet or promote the goals and objectives of
the project, it shall have the duty to immediately
notify the DISTRICT. Upon such notification the
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EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
DISTRICT, in its discretion, may terminate this
CONTRACT.
8.11 CONTRACTOR shall not directly or indirectly,
or through any other person, agency, company or
organization solicit the project manager or any of the
evaluation committee members who selected the
CONTRACTOR, to undertake employment with it, its
parent company, or any subsidiary company or any
affiliated company during the performance of this
CONTRACT. The DISTRICT is committed to
ensuring that its employees abide by the Florida Code
of Ethics and, as such, the DISTRICT does not
condone offers of employment made by Contractors to
DISTRICT employees in exchange for the award of
DISTRICT work. Further, the DISTRICT is
committed to avoiding even the appearance of
impropriety which could arise when an offer of
employment is made after the award of DISTRICT
work.
8.12 CONTRACTOR may use the DISTRICT's
name in marketing materials for the purpose of
publicizing contract awards, however,
CONTRACTOR is prohibited from obtaining
affirmations from DISTRICT staff regarding its
products or services. Affirmations include any kind
of testimonials or endorsements of the
CONTRACTOR as well as the products and /or
services offered by the CONTRACTOR. The
DISTRICT, as a government entity, must fairly and
equitably compete for goods and services, and
therefore the endorsement of any particular firm,
product, or service is strictly prohibited.
CONTRACTOR is strictly prohibited from releasing
any statements to the media regarding work
performed under this CONTRACT without the
review, and the express prior written approval of the
DISTRICT. The DISTRICT's approval is at its sole
discretion, however, such approval will not be
unreasonably withheld.
ARTICLE 9 - RELATIONSHIP BETWEEN
THE PARTIES
9.1 CONTRACTOR shall be considered an
independent consultant and neither party shall be
considered an employee or agent of the other party.
Nothing in this CONTRACT shall be interpreted to
establish any relationship other than that of independent
consultant between the parties and their respective
employees, agents, subcontractors, or assigns during or
after the performance on this CONTRACT. Both
parties are free to enter into contracts with other parties
for similar services. In the event the CONTRACTOR
is providing staff who will be working on -site at
DISTRICT facilities, CONTRACTOR and the
DISTRICT further agree that the DISTRICT shall not
pay the CONTRACTOR staff any direct
remuneration, expense reimbursement or compensation
of any kind and CONTRACTOR's staff shall not be
eligible for any benefit programs the DISTRICT offers
to its employees. All benefits available to the
CONTRACTOR's staff shall be exclusively provided
by the CONTRACTOR. The CONTRACTOR shall
provide all billing, collection, payroll services and tax
withholding, among other things, for all
CONTRACTOR staff performing services under this
CONTRACT.
9.2 It is the intent and understanding of the Parties
that this CONTRACT is solely for the benefit of the
CONTRACTOR and the DISTRICT. No person or
entity other than the CONTRACTOR or the
DISTRICT shall have any rights or privileges under
this CONTRACT in any capacity whatsoever, either as
third -party beneficiary or otherwise.
9.3 The CONTRACTOR shall not assign, delegate,
or otherwise transfer its rights and obligations as set
forth in this CONTRACT without the prior written
consent of the DISTRICT. Any attempted assignment
in violation of this provision shall be null and void.
9.4 The CONTRACTOR shall not pledge the
DISTRICT's credit or make the DISTRICT a
guarantor of payment or surety for any contract, debt,
obligation, judgment, lien, or any form of indebtedness.
Pledging the DISTRICT's credit shall also be construed
to include the use of "factoring agents" or the practice
of selling business accounts receivables to a third party
at a discount for the purpose of obtaining funding
which is also expressly prohibited.
9.5 The DISTRICT assumes no duty with regard
to the supervision of the CONTRACTOR and the
CONTRACTOR shall remain solely responsible for
compliance with all safety requirements and for the
safety of all persons and property at the site of
CONTRACT performance. Further, the
CONTRACTOR shall be responsible for
compliance with all labor and unemployment laws.
9.6 CONTRACTOR EXPRESSLY
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SOUTH FLT. AIDA WATER MANAGET ANT 12/11/2012 Item 16.A.27.
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
UNDERSTANDS AND AGREES THAT
CONTRACTOR, ITS OFFICERS, AGENTS, AND
EMPLOYEES, ARE NOT ENTITLED TO ANY
EMPLOYMENT BENEFITS FROM THE FROM
THE DISTRICT. CONTRACTOR EXPRESSLY
AND VOLUNTARILY WAIVES AND AGREES NOT
TO MAKE ANY CLAIM TO PARTICIPATE IN ANY
OF THE DISTRICT'S EMPLOYEE BENEFITS OR
BENEFIT PLANS SHOULD CONTRACTOR OR
ANY OF ITS OFFICERS, AGENTS, OR
EMPLOYEES BE ADJUDICATED FOR ANY
REASON TO BE AN EMPLOYEE OF THE
DISTRICT. IN THE EVENT CONTRACTOR IS
SELF EMPLOYED, CONTRACTOR
EXPRESSLY REPRESENTS THAT
CONTRACTOR IS AN INDEPENDENT
CONTRACTOR AND HEREBY WAIVES ANY
ENTITLEMENT TO OVERTIME OR OTHER
BENEFITS THAT CONTRACTOR MAY BE
ENTITLED TO RECEIVE SHOULD
CONTRACTOR BE ADJUDICATED FOR ANY
REASON TO BE AN EMPLOYEE OF THE
DISTRICT.
9.7 The CONTRACTOR shall be responsible
for verifying employee authorization to work in the
U.S. and certifying that a good faith effort has been
made to properly identify employees by timely
reviewing and completing appropriate
documentation, including but not limited to the
Department of Homeland Security, U.S. Citizenship
and Immigration Services Form I -9. In the event the
amount of this CONTRACT exceeds $150,000 and
for all persons hired by CONTRACTOR to work in
the State of Florida for a period that is equal to or
exceeds 120 days, the CONTRACTOR shall use the
United States Department of Homeland Security's E-
Verify system ( "E- Verify ") to verify employment
eligibility. Additionally, if CONTRACTOR uses
subcontractors to perform any portion of the Work
under this CONTRACT valued in excess of $3,000,
CONTRACTOR must include a requirement in the
subcontractor's contract that the subcontractor use E-
Verify to verify the employment eligibility of all
persons hired by subcontractor to perform any such
portion of the Work. Within 30 days of this
CONTRACT's Effective Date, CONTRACTOR
must provide the DISTRICT with evidence that
CONTRACTOR is enrolled in the E- Verify system.
Answers to questions regarding E- Verify as well as
instructions on enrollment may be found at the E-
Verify website: www.uscis.gov /e- verify.
Written verification shall be kept by the
CONTRACTOR and made available for inspection
on demand by the DISTRICT.
The hourly rate of pay for each employee shall
comply with State law and industry standards for
similar work performed under the CONTRACT.
The DISTRICT shall maintain records verifying the
rate of pay for each employee working on this
CONTRACT and make such records available for
inspection on demand by the DISTRICT.
Failure to fully comply with these provisions shall be
a material breach of the CONTRACT and cause for
termination of the CONTRACT.
ARTICLE 10 — SBE UTILIZATION
10.1 SBE Utilization. The DISTRICT has
implemented a Small Business Enterprise Program as
part of the DISTRICT's competitive solicitation and
contracting activity in accordance with DISTRICT
Rule 40E -7, Part VI, F.A.C. ( "SBE Rule "). The
purpose of the program is to spur economic
development and support small businesses, including
women -owned and minority -owned businesses, to
successfully expand in the marketplace.
As consideration for being awarded this
CONTRACT, CONTRACTOR agrees to maintain
the level of SBE participation agreed upon and as
indicated on the cover /signature page of this
CONTRACT.
The CONTRACTOR shall take all necessary steps
to achieve and maintain its SBE utilization
commitment. At any time during the term of this
CONTRACT, the DISTRICT may request
information on the SBE status of the
CONTRACTOR and /or any and all of its
subcontractor(s). The CONTRACTOR shall notify
the DISTRICT immediately of any change in the
status of the CONTRACTOR or any of its
subcontractor(s); that could affect the
CONTRACTOR's SBE status or the
CONTRACTOR's ability to comply with the SBE
requirements of this CONTRACT including but not
limited to gross revenue and licensing.
10.2 SBE Utilization Plan. The CONTRACTOR
shall identify all SBE firms which will be utilized as
subcontractors. The CONTRACTOR should
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EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
provide proof that each firm to be utilized as an SBE
subcontractor is certified with the DISTRICT. The
CONTRACTOR, as the prime and each
subcontractor shall be listed in the Utilization Plan
and submitted to the DISTRICT. The listing of the
SBE's in the Utilization Plan shall constitute the
CONTRACTOR's representation to the DISTRICT
that the SBE firms are technically and financially
qualified and available to perform the assigned work.
The Utilization Plan shall consist of the following
DISTRICT forms and information as submitted by
the CONTRACTOR in its bid as part of the
Compliance Disclosure Form:
1. SBE Subcontractor Participation Schedule
2. Statement of Intent to Petform as a District
Certified SBE Contractor form
3. Proof of DISTRICT certification
Items (1) through (3) above are hereinafter
collectively referred to as the "SBE Plan ".
10.3 Subcontractor Substitution. The
.CONTRACTOR must receive written approval from
the DISTRICT's Small Business Enterprise Section
prior to substituting an SBE subcontractor for any
reason, or otherwise modifying the SBE Plan as
defined above. The CONTRACTOR must submit
to the DISTRICT an amended version of the
following:
1. SBE Subcontractor Participation Schedule
2. Statement oflntent to Petform as a District
Certified SBE Contractor form for each
substitute firm.
10.4 Utilization Reporting. In an effort to monitor
the achievement of the SBE goal the
CONTRACTOR agrees to submit, a completed SBE
Utilization Report form, attached hereto as Exhibit
"E" and made a part of this CONTRACT. The
timing of these reports must coincide with invoice
submission. In addition to the Utilization Report
form, the CONTRACTOR shall also provide proof
of payment made to each SBE Subcontractor which
shall take the form of cancelled checks or check
register photocopies, or any other valid form of
documentation that serves to substantiate all payment
amounts included in the Utilization Report. The
CONTRACTOR understands that each SBE utilized
for the CONTRACT must be certified by the
DISTRICT. The CONTRACTOR shall submit a
completed Final SBE Utilization Report form,
attached hereto as Exhibit "F" and made a part of this
CONTRACT, at the time a final invoice is
submitted. These utilization reports must be
submitted to the attention Colleen Robbs in the
Small Business Enterprise office at the West Palm
Beach location indicated on the cover page of the
CONTRACT.
10.5 Compliance. The DISTRICT shall monitor -
and evaluate compliance with the provisions of the
SBE Rule. During the term of the CONTRACT, the
CONTRACTOR shall comply with the SBE
Utilization Plan which can only be amended with the
prior written approval from the DISTRICT's Small
Business Enterprise Section. Compliance shall
include tasks and proportionate: dollar amounts
throughout the term of the CONTRACT, including
amendments, change orders, and work orders. The
CONTRACTOR shall maintain the level of SBE
utilization as established in the CONTRACTOR's
SBE Plan. Failure to comply with the SBE
requirements of this CONTRACT will be considered
a material breach of CONTRACT and may further
result in suspension or debarment pursuant to
DISTRICT Rule 40E -7, Part I1, F.A.C.
To ensure that all SBE requirements under this
CONTRACT are met, the CONTRACTOR's SBE
efforts throughout the performance of the
CONTRACT shall be reviewed by the DISTRICT.
The CONTRACTOR shall advise the DISTRICT
of any situation in which regularly scheduled
payments are not made to any SBE subcontractor(s).
10.6 Prohibition of Not-To-Compete Agreements.
The CONTRACTOR is prohibited from entering
into any agreements with an SBE subcontractor in
which the SBE subcontractor has agreed not to
provide subcontracting quotations to other
respondents or potential respondents.
ARTICLE 11- GENERAL PROVISIONS
11.1 Notwithstanding any provisions of this
CONTRACT to the contrary, the parties shall not be
held liable for any failure or delay in the performance
of this CONTRACT that arises from fires, floods,
strikes, embargoes, acts of the public enemy, unusually
severe weather, outbreak of war, restraint of
Government, riots, civil commotion, force majeure, act
of God, or for any other cause of the same character
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EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
which is unavoidable through the exercise of due care
and beyond the control of the parties. Failure to
perform shall be excused during the continuance of
such circumstances, but this CONTRACT shall
otherwise remain in effect. This provision shall not
apply if the "Statement of Work" of this CONTRACT
specifies that performance by CONTRACTOR is
specifically required during the occurrence of any of
the events herein mentioned.
11.2 Any inconsistency in this CONTRACT shall be
resolved by giving precedence in the following order:
(a) Exhibit "A" Special Provisions, if applicable
(b) Exhibit `B" General Terms and Conditions
(c) Exhibit "C" Statement of Work
(d) all other exhibits, attactunents and documents
specifically incorporated herein by reference
11.3 Failures or waivers to insist on strict
performance of any covenant, condition, or provision of
this CONTRACT by the parties, their successors and
assigns shall not be deemed a waiver of any of its rights
or remedies, nor shall it relieve the other party from
performing any subsequent obligations strictly in
accordance with the terms of this CONTRACT. No
waiver shall be effective unless in writing and signed
by the party against whom enforcement is sought.
Such waiver shall be limited to provisions of this
CONTRACT specifically referred to therein and shall
not be deemed a waiver of any other provision. No
waiver shall constitute a continuing waiver unless the
writing states otherwise.
11.4 Should any term or provision of this
CONTRACT be held, to any extent, invalid or
unenforceable, as against any person, entity or
circumstance during the term hereof, by force of any
statute, law, or ruling of any forum of competent
jurisdiction, such invalidity shall not affect any other
term or provision of this CONTRACT, to the extent
that the CONTRACT shall remain operable,
enforceable and in full force and effect to the extent
permitted by law.
11.5 This CONTRACT may be amended only with
the written approval of the parties hereto.
11.6 This CONTRACT states the entire under-
standing and agreement between the parties and
supersedes any and all written or oral representations,
statements, negotiations, or agreements previously
existing between the parties with respect to the subject
matter of this CONTRACT. The CONTRACTOR
recognizes that any representations, statements or
negotiations made by DISTRICT staff do not suffice
to legally bind the DISTRICT in a contractual
relationship unless they have been reduced to writing
and signed by an authorized DISTRICT
representative. This CONTRACT shall inure to the
benefit of and shall be binding upon the parties, their
respective assigns, and successors in interest.
ARTICLE 12 — SAFETY REQUIREMENTS
12.1 The CONTRACTOR shall comply with all
applicable Federal, State and local safety standards
and regulations applicable to the work performed
pursuant to this CONTRACT. The
CONTRACTOR shall also be responsible for the
compliance of its subcontractors with all of the
foregoing laws, regulations and standards pertaining
to safety.
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EXHIBIT "C"
STATEMENT OF WORK
I. Introduction
12/11/2012 Item 16.A.27.
The South Florida Water Management District's (District) Vegetation Management Program is
responsible for managing nuisance vegetation in all or parts of 16 counties in central and
southern Florida an area of over 15,000 square miles (see map attachment 1). The District
manages both invasive aquatic and terrestrial plants in addition to hazardous vegetation in more
than 1,800 miles of canals and levees, 500,000 acres of public lakes, over 850,000 acres of the
Everglades Water Conservation Areas, over 200,000 acres of conservation properties, and over
50,000 acres of Stormwater Treatment Areas (STA). The District is charged with operating and
maintaining existing infrastructure and restoring and preserving natural areas. Species that
interfere with these goals include, but are not limited to, water hyacinth, water lettuce, hydrilla,
hygrophila, cattail, melaleuca, Australian pine, shoebutton ardisia, climbing ferns, torpedo grass
and Brazilian pepper.
At the present time, herbicides are the primary tool used by the District to control nuisance
species. The methods of herbicide application include, but are not limited to, foliar spray, frill
and girdle, stump, basal bark, and broadcast (liquid and granular). Seedlings of some species in
mixed plant communities may be hand pulled in an effort to minimize the impact of herbicides
on non - target vegetation. In some cases, particularly in the STAB, crews will plant desirable
native vegetation following treatment of nuisance species.
During the past 20 years the District's experience with contracting for these services has seen a
continued increase in scope. Many of the projects will require the use of Contractors who can
supply large numbers of crews and equipment while other projects will require a smaller number
of crews and equipment.
II. Objectives
The District's primary goal is maintenance control of invasive species within its land and water
resources. This requires regular canal bank and levee maintenance and maintaining each canal's
water column free of aquatic plants. Canal bank management requires removal of all woody and
dense vegetation in accordance with Army Corps of Engineers standards. In mitigation sites the
District's goal is, at a minimum, to maintain the site within compliance of the objectives set
forth. In natural areas the District strives to keep sites in maintenance control without large
dense areas of invasive vegetation. Finally, within the STAs, vegetation is maintained for
nutrient removal and thus may include treatment of some native species. In some cases species
will be prioritized and not all non - native species will be treated in all cases.
III. Scope of Work
Contractors are responsible for providing crews, equipment, herbicide and supplies for treating
aquatic, wetland and terrestrial vegetation using ground application methods. Vegetation will be
treated in natural areas within the boundaries of the District, on District lands or those of our
agency partners, including the Water Conservation Areas and Lake Okeechobee. Treatment will
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12/11/2012 Item 16.A.27.
occur in canals, on levees and around structures of the Central and Southern Florida Flood
Control District as well as the interconnecting Kissimmee and Alligator chain -of- lakes.
Many properties and projects will require timed treatment of herbicide application. This is
scheduled with the site manager and adjusted around seasonal temperature changes and
fluctuating water levels. Changing water levels may alter site access and efficacy of herbicide.
Other projects require continual staffing although crew levels may be adjusted throughout the
year.
For wetland and upland natural areas, ground crews shall be transported by approved vehicles
including but not limited to trucks, ATVs, buggies, airboats, and argon. All transportation is the
responsibility of the Contractor. Each ground crew shall consist of one supervisor and a crew of
up to 15 applicators /laborers for herbicide application depending on the Work Order
Specification and site location. Ground crews shall be provided with appropriate equipment
including but not limited to personal protective equipment, chainsaws, machetes, and spray
equipment. For aquatic situations, the Contractor shall provide applicator operated equipment
including airboats and skiffs with appropriate application equipment to perform spot, granular
and broadcast treatments. Levee and rights of way treatment will require the use of spray trucks,
All target plants must be treated and treatment data shall be recorded on Daily Progress Reports
(attachment 2) prior to proceeding to new treatment sites. Vegetation treatments shall be
performed in accordance with District standards or guidelines established for each site as
specified below or as described in Initiation Form.
Contractors shall follow all laws and regulations including but not limited to those set forth by
United States Environmental Protection Agency, Florida Fish and Wildlife Conservation
Commission, Florida Department of Environmental Protection and Florida Department of
Agriculture and Consumer Services (DACS). Contractors will comply with all applicable
permits. Supervisors must obtain a DACS license in the category of the area they are working
which may include Natural Areas Weed Management or Aquatic Pest Control categories.
IV. Work Breakdown Structure
A. Project Management, Supervision and Ground Crew
The site manager for the District and Contractor shall manage each project. The
District's site manager shall provide sole direction during the completion of the Work
Order.
1. Prior to the commencement of work specified in any Work Order, the District's
Site Manager or Project Manager and Contractor's Project Manager or
representative must meet on site to discuss the details of the Work Order in order
to ensure that the Contractor clearly understands the District's expectations.
Details may include but are not limited to, property boundaries, target species,
herbicide(s) types and rates, method(s) of application, number of crews and
equipment needed. Details will be provided on an Initiation Form.
2. The Contractor's Project Manager shall be responsible for the technical quality,
staff coordination and adherence to cost and time schedules. The Contractor's
Project Manager shall also assure the necessary coordination of each project,
keeping deadlines in perspective and controlling all costs.
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12/11/2012 Item 16.A.27.
The Contractor understands that all access is to be solely from the District's Right
of Way. Prior to commencing work the Contractor shall complete an Application
for Key Permit, Online at www.sfwmd.gov and adhere to the terms of said permit.
Also, the Contractor shall provide a deposit for each key issued. Deposits for
key(s) will be refunded upon return of the key(s) to the issuing agent. The
Contractor is also liable for any locks that are missing during operations. The
Contractor will be invoiced at the current replacement cost for each missing lock.
4. The Contractor is responsible for the safety of their staff at all times.
The Contractor shall be required to maintain a minimum of three (3) Ground
Crew Supervisors for this Contract. Each ground crew Supervisor shall possess
the following qualifications:
• knowledge and at least one (1) year of substantial experience in plant
identification and current control technologies for invasive exotic plants
common to South Florida including all species on the latest version of the
Florida Exotic Pest Plant Council's list of invasive species;
• maintain valid Florida Department of Agriculture and Consumer Services
certification in the Aquatics and /or Natural Areas categories;
• knowledge of data and record keeping;
• ability to operate GPS receiver and collect spatial data;
• ability to work under adverse physical and weather conditions, including high
humidity and temperature;
• knowledge of poisonous plants and animals, biting insects, and hostile terrain;
• ability to operate and conduct field maintenance of vehicles, spray and other
equipment; and to recognize and avoid hazards associated with equipment
operation.
• It is essential that the supervisor be aware of the potential impacts and
liabilities of misapplication of herbicide and how to avoid them.
6. The Contractor shall assign a Supervisor(s) to each project Work Order who shall
be on -site at all times during control operations until project completion. The
Supervisor shall be responsible for the following:
• coordinating with the District program site manager on a daily or weekly
basis;
• ensuring availability and compliance with all appropriate herbicide labels,
laws, regulations & permits;
• assuring equipment is safe and in proper working condition;
• avoiding damage to all non- target species;
• overseeing all control activities and safety on project sites; and
• ensuring that all crew members, if applicable, are knowledgeable of and
remain within the property and treatment boundaries and are able to
communicate in a common language.
The Contractor's Supervisor shall collect operational data and record it on the
Daily Sheet(s) for that project. The Contractor will either submit the Daily Sheets
to the Field Station weekly or enter data into Weeddar on a weekly basis.
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8. The Contractor shall have the ability to provide personnel (ground crews) for
direct application of herbicide and manual removal of exotic vegetation. One
ground crew shall consist of a minimum of 5 laborers and no more than 15.
B. Equipment, Materials and Specifications
The Contractor shall be responsible for providing applicators with all supplies and
equipment, including backpack sprayers and blowers, machetes, spray bottles,
safety equipment, etc. The Contractor shall supply airboats, all- terrain vehicles
and buggies to transport crews and supplies to and from treatment sites. The
Contractor will supply GPS units, and communication equipment including
cellular telephones.
2. The following equipment shall be required for the duration of the Contract. All
equipment shall be listed in the Contractor's proposal and must be in good working
condition throughout the performance of this Contract.
a) Three (3) watercraft including at least 2 airboat(s), for crew transport and for
spraying vegetation in canals, lakes and marsh areas. Airboat(s) must be
capable of carrying at least 5 passengers plus required equipment when working
in natural areas and capable of fitting at a minimum a 50 gal spray tank or
injection system for aquatic operations.
b) Three (3) 4X4 Pick -up trucks /SUVs /vans, must be capable of carrying at least 5
passengers plus required equipment when transporting work crews in natural
areas and trucks capable of fitting at a minimum a 50 gal spray tank for spot
treatment and broadcast application
c) Two (2) ATVs or similar vehicle
d) One (1) buggy, rubber tired, must be capable of carrying at least 5 passengers
plus required equipment when working in natural areas and capable of fitting a
spray tank for spot treatment and broadcast application.
e) One (1) GPS unit per supervisorlapplicator, UTM compatible, a rnininiurn of
10 meter accuracy
f) One (1) cellular phone per supervisor /applicator
3. Herbicides will be purchased by the Contractor when indicated on the Work
Order and invoiced with no additional markup. The District will have the right to
examine and sample the spray materials. In some cases, the District may furnish
herbicides, adjuvants and specific recommended application rates. These
materials may be picked up by the Contractor at the applicable District field
station on an "as- needed" basis. The Contractor will have the right to examine
and sample the spray materials. The District will consider alternative products or
application rates recommended by the Contractor but reserves the right to
determine the best approach.
4. While on the job site all herbicides and adjuvants must be kept with the
supervisor /applicator at the treatment site or in a secured, ventilated and locked
truck, trailer, or shed as close to the treatment site as practicable at all times in
accordance with Chapter 403.161, 403.413, 403.708 F.S. and Chapter 487.031
F.S. All products shall be stored in containers that are in good condition and
sealed to prevent spills. All containers shall be inspected daily for leaks, labeled
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12/11/2012 Item 16.A.27.
to identify their contents and kept in a secure manner as to prevent the likelihood
of leaks. The Contractor is responsible for keeping all empty containers in a
secured ventilated and locked truck, trailer or shed. The Contractor is also
responsible for any leaks, spills, environmental damage, or theft of materials from
the job site and for reporting quantities to the Florida Department of
Environmental Protection.
C. Safety
I. In performing the scope of work, all safety on or off the job site shall be the sole
responsibility of the Contractor. The Contractor shall be solely responsible for
initiating, maintaining and supervising all safety precautions and programs in
connection with the work, including securing all herbicides from public access.
The Contractor shall be responsible for protecting and safeguarding its employees
and the general public in connection with the work and job site. The District shall
not be responsible for safety on or off the job site. The Contactor must comply
with all District safety standards.
2. In the event of an herbicide spill by the Contractor, the Contractor shall be the
sole responsible party for reporting reportable quantities to the Florida
Department of Environmental Protection and is liable for all damages and site
remediation whether herbicide is provided by the Contractor or the District.
3. The Contractor shall be responsible for immediate work stoppage and clean -up
operation in the event of any spill of herbicide, petroleum product or other
hazardous material. The Contractor shall report any such incident to the District
Project Manager immediately.
4. The Contractor shall also provide and ensure employees wear personal protective
equipment in accordance with herbicide labels, and laws and follow equipment
safety standards. Contractor shall require employees to wear uniforms consisting
of at the contractor's company name at all times. All vehicles shall be labeled
with the Contractor's name.
5. Pesticide product labeling is the primary method of communication between an
herbicide manufacturer and the users and provides instructions on how to use the
product safely and correctly. The Contractor must review and comply with all
conditions set forth in the pesticide label.
6. Prior to the application of a pesticide with restrictions the District Project
Manager will determine who will be responsible for notifying affected property
owners and the public of any use restrictions listed on the labels of the products
used.
7. In order to protect aquatic life, the Contractor shall be responsible for collecting
the dissolved oxygen (DO) levels in canals and other water bodies prior to any
aquatic application of herbicide. When DO levels are at 3.0 parts per million,
ppm or below, at the time of treatment, the Contractor must stop operations until
specific directions from the District Project Manager are given.
Page 5 of 16, Exhibit "C ", Contract No. 4600002497
Packet Page -2575-
12/11/2012 Item 16.A.27.
8. The Contractor shall be responsible for monitoring wind speeds and take all
precautions to reduce drift. Wind speed regulation may apply due to label
restrictions or Florida's Organo -Auxin Herbicide Rule 2006 which supersedes
any less stringent District Policy. In cases without specific regulation the
Contractor shall cease operations when wind exceeds 10 miles per hour until
specific instructions are given by the District Project Manager.
9. The Contractor shall ensure that at all times during the course of this project there
is a minimum supervisor to crew ratio of 1:15. Each site Supervisor must speak
English, possess, show and carry their up to date pesticide license and be qualified
to perform the exotic removal services. The Contractor's Site Supervisor shall
also have in his/her possession a copy of the District's Work Order documents,
map, Initiation Form, Daily sheets, herbicide labels and MSDS and pesticide
license.
10. The Contractor shall have on site at all times, appropriate first -aid and spill kit(s).
D. Treatment
1. The Contractor shall maintain aquatic /exotic vegetation at the lowest possible
level at assigned locations, to provide access, prevent accumulation at structures,
and maintain the integrity of natural areas and wetlands. Treatments are recorded
in terms of total acres covered and a percent coverage of the target plants.
2. Work Orders will be issued from the District Procurement Department and must
be executed by signature of both parties before work begins. The District Project
Manager will provide an Initiation Form (attachment 3) which has additional
details as to the scope of the individual work order including details of plants to
be treated, herbicides, methods and no spray zones. It is the Contractor's
responsibility to request clarification of the work requested if necessary. The
monitoring /evaluation period for each Work Order shall begin on the date the
Contractor is mobilized at the site to be treated and will continue until a sufficient
time has passed for herbicide efficacy to be evaluated. The Contractor shall
provide the District with Daily Progress Reports (DPR) that document the hours
of operation, herbicide used, plant treated, coordinates of treatment location in
UTM using DAD83 datum.
3. When the work takes place in waters of the State of Florida, the Contractor shall
provide information on the DPR that will fulfill the Florida Fish and Wildlife
Conservation Commission (FWC) report requirements. The information will be
entered into Weeddar. The District will provide data on a monthly basis to FWC
for permit compliance.
4. No work shall proceed without a DPR for the work site. The DPR will either be
provided by the District Project Manager or field station staff. If the DPR is
provided by the Project Manager the Contractor is responsible for all data entry
into Weeddar on a weekly basis. If field station staff provides the DPR then the
DPRs should be submitted to the field station weekly and District staff will enter
the information into Weeddar.
Page 6 of 16, Exhibit "C ", Contract No. 4600002497
Packet Page -2576-
12/11/2012 Item 16.A.27.
5. Trees and debris must be prevented from falling into canals and adjacent private
properties. If this occurs, work must cease until the tree or debris is immediately
removed from the adjacent property or canals or any such area where it is not
desirable. No tree should be treated and left standing if it is possible that it could
fall into a waterbody or adjacent property at a later date.
6. It shall be the Contractor's responsibility to exercise caution in the vicinity of any
utility. The Contractor shall be responsible for any damage done to any utility.
The Contractor shall make a thorough search of the site for utilities, structures,
etc., before work is commenced in any particular location. The Contractor shall
not purposefully disrupt or disconnect any type of utility whatsoever. The
Contractor shall be responsible for any other type of damage that occurs as a
result of their activities.
7. All equipment shall arrive on District properties clean of any and all plant matter
including spores and seeds. Precautionary steps must be taken with all boats,
buggies, argos, field personnel attire and other equipment every time the
equipment is moved between sites or within a site that has areas of high
infestation.
8. Applications must be performed in such a manner as to protect non- target
organisms, crops, the environment and the public. This includes taking into
consideration and employing appropriate means necessary to reduce drift and
observing District practices regarding DO levels, and adequately measuring and
recording wild velocities.
9. The Contractor shall be responsible, to the satisfaction of the District, for the
restoration or replacement of all native vegetation and property damaged as a
result of any negligent activity by the Contractor.
10. The Contractor shall be responsible for compliance with all Federal and State
laws regarding protected species including but not limited to the Endangered
Species Act, The Contractor shall not harass or injure any native wildlife. The
Contractor shall also be aware and prevent damage to any rare or endangered
native plants including but not limited to the Okeechobee Gourd. When working
in an area where these species may be present the Contractor must follow any
established restrictions including those of U.S. Fish and Wildlife Service
(USFWS) and FWC.
11. The plant species to be treated under the Contract include but are not limited to all
species listed on the current Florida Exotic Pest Plant Council's (FLEPPC) lists
and all prohibited plants. Problem plants are grouped into two major categories:
aquatic and terrestrial. Aquatic plants include floating plants, submersed plants
and emergent plants. Terrestrial plants include ditch bank, fence line, right of
way plants, and those found in natural upland communities. Most of the target
species are invasive to Florida but depending on where they grow native plants
can cause problems including blockage of water movement in canals and
destabilization of canal banks and levees. Treatment of nuisance native plants
will only occur at the District's discretion.
Page 7 of 16, Exhibit "C ", Contract No. 4600002497
Packet Page -2577-
12/11/2012 Item 16.A.27.
a) Floating Aquatic plants are not rooted into the soil, but are free - floating being
moved around by wind and water currents. Examples include water hyacinth
and water lettuce.
b) Submersed aquatic vegetation (SAV) is rooted into the soil of water bodies
and grows toward the surface of the water and sometimes extending a short
distance out of the water. Examples include hydrilla, hygrophilla, Illinois
pondweed.
c) Emergent aquatic weeds are rooted in the soil with their leaves extending
above the surface of the water. Examples include cattail, spatterdock and
aquatic grasses,
d) Ditch bank vegetation generally is terrestrial in habit although some species
extend their rhizomes into the water body. Ditch bank refers to the portion
from the water's edge to top of bank. Examples include grasses, Brazilian
pepper and phragmities.
e) Fence line vegetation is a subset of terrestrial vegetation and includes any
plants growing near fences, guardrails and gates.
f) Terrestrial and wetland invasive exotics are non- native plants that invade
uplands and wetlands primarily in natural communities of conservation lands.
Examples include Brazilian pepper, melaleuca, Australian pine, shoebutton
ardisia, lead tree, and lygodium.
12. The District will provide treatment objectives on the Initiation Form based on any
local knowledge or other restrictions that may be applicable to the specific project
location prior to the commencement of the work. The District's vegetation
management goals and objectives are further detailed in the Standard Operating
Procedure manual.
13. Target vegetation is site and work order specific and is primarily determined by
the District's Project/Site Manager. The District will set priorities of which
species to be treated although the long term goal is to remove all FLEPPC listed
invasive exotics. If the Contractor is unclear if a particular species should be
treated they should contact the District's Project Manager.
14. Control methods being used for nuisance plants are listed below. Further
description of these methods can be found in the University of Florida IFAS
publication SP242 (Control of Non - native Plants in Natural Areas of Florida).
15. Aquatic Applications:
a) Foliar: herbicide is diluted in water and applied to leaves using backpack,
spray tanks, direct metering and computer assisted sprayers. Application may
be directed to achieve selectivity or broadcast.
Page 8 of 16, Exhibit "C ", Contract No. 4600002497
Packet Page -2578-
12/11/2012 Item 16.A.27.
b) Submersed: using both liquid and granular formulations, with drop hoses,
centrifugal spreaders and blowers.
16. Upland and Natural areas applications:
a) Manual removal: Includes hand pulling, and using chainsaws or machete to
cut and pile targeted vegetation. Seedlings may be hand- pulled in an effort to
minimize the impact of herbicides on non - target vegetation. Pulled seedlings
should be left where roots do not come in contact with the soil to reduce the
possibility of re growth.
b) Foliar: Herbicide is diluted in water and applied to leaves using backpack and
spray - bottles. Application may be directed to achieve selectivity or broadcast.
c) Stump treatment: After felling vegetation, herbicide is sprayed onto the cut
stump surface. Large trees will not be felled unless instructed by the District
Project Manager.
d) Basal bark: Herbicide is applied, with a backpack or spray bottle directly to
the bark around the circumference of each stem/trees. Herbicide must be in
oil- soluble formulation.
e) Frill and girdle (aka hack and squirt): Cuts into the cambium are made
completely around the circumference of the stem /tree no higher than one foot
off the ground and herbicide is applied completely around the girdle.
f) Soil applications: Granular formulations can be applied by hand held
spreaders or specially designed blowers. Water soluble or water dispersible
formulations can be applied with the same type of application equipment
described for foliar applications.
16. All methods listed above have been found to be effective under certain
circumstances. However many factors can affect the performance of an herbicide
application and results can vary. Choice of application method, herbicide and rate
for individual species depends on environmental conditions and personal
experience. Marker dyers are useful and may be used to keep track of what
vegetation has been treated when making applications to a larger number of trees
or stumps. Treatment methods will be determined by the District's Project
Manager on a case by case basis. The Contractor may use herbicides and
methods other than those listed on the Initiation Form only with prior approval of
the District's Project Manager.
17. The Contractor shall have full responsibility for systematically treating the areas
indicated. If the minimum acceptable performance is not achieved for any area of
the project within a reasonable time frame following project completion,
additional thorough treatment of the target plant(s) shall be the responsibility of
the Contractor at no cost to the District. A reasonable time frame is dependent
upon species targeted, mode of action of treatment, herbicide, site and weather
conditions. Areas not treated or not responding to treatment may require
Page 9 of 16, Exhibit "C ", Contract No. 4600002497
Packet Page -2579-
12/11/2012 Item 16.A.27.
retreatment, at the Contractor's expense, if the District determines that the
Contractor provided faulty treatment measures or products.
18. Minimum acceptable performance is defined as 100% treatment of the targeted
vegetation within the boundaries of the treatment site with at least 90% control of
targeted vegetation within the timeframe of the herbicide manufacturers
recommended period for control. There will be times when an applicator will
miss a few of the target plants, for various reasons; however, every effort must be
made to treat every targeted plant.
19. The Contractor's crew supervisors must at all times be onsite, and have a working
GPS unit and cellular phone.
20. The Contractor may also provide crews for planting desirable native vegetation in
areas previously treated. This will require crews to provide equipment for
removing vegetation and for replanting that vegetation in a desirable location.
This will require the Contractor to provide all tools and equipment for this
service.
E. Data Collection & Management
1. The Supervisor shall be responsible for collecting the following data and
recording it on DPR(s): treatment date, weather conditions, location including
easting and northing (UTM), acres covered, target plant density category,
herbicide rate and amount used, hours worked by category, wind measurements,
DO and application method.
2. Upon completion of the treatments the Contractor shall verify the data and sign
the form(s). An original copy of the DPR shall be submitted to the District with
the invoice.
3. The Contractor shall enter all DPRs into Weeddar weekly unless provided by a
field station. Weeddar will be accepsable from w- NNrw.ceipzone.or . The District
shall provide one time training and a manual for Weeddar use. Each Contractor
shall appoint one employee to be the point of contact for Weeddar. This person
shall coordinate all Weeddar correspondence with the District. The District may
limit the number of Weeddar users for each Contractor for quality control.
F. Deliverables
Treatment of undesirable plants or planting desirable plants.
Completed Daily Progress Reports and Weeddar entry, unless entered by Field
Station. There will be a minimum on one DPR per species per site per day.
Map of completed area will be provided to Project Manager.
Page 10 of 16, Exhibit "C ", Contract No. 4600002497
Packet Page -2580-
12/11/2012 Item 16.A.27.
G. Invoices
Invoices are to be submitted to the District, within five working days after the end of the
month. Invoices shall include a summary of all data collected and completed District
forms for the billing period. One billing period consist of one full month. Invoices must
not overlap between two months.
A monthly invoice package for each PO will be provided to Vegetation Management,
Accounts Payable and Procurement will include:
• Invoice which includes the following information: billing month and year, invoice
date, vendor name, PO number, tracking number, location, contact number,
breakdown of charges, and due date.
• Weeddar Asset Report by contractor tracking number
• Daily Progress Reports in sequential order (not required for Accounts Payable)
• SBE utilization report (if applicable)
• Herbicide invoices (if applicable)
Page 1 I of 16, Exhibit "C ", Contract No. 4600002497
Packet Page -2581-
12/11/2012 Item 16.A.27.
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Page 12 of 16, Exhibit "C ", Contract No. 4600002497
Packet Page -2582-
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12/11/2012 Item 16.A.27.
ATTACHMENT 2
SOUTH FLORIDA WATER MANAGEMENT DISTRICT Oz:e
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DAILY PROGRESS REPORT FOR VEGETATION MANAGEMENT
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Oil TRTMT TASK # FUND AREA FUNDED PROG FUNCTIONAL LOCATION CONTRACTOR Tracking No
4197484 NK VM 02 2024D0 511? CKGI MPANY NAME:
EFFECTIVE TRAVEL LOST SURVEYI PLANNING TOTAL
RESOURCES TIME TIME TIME INSPECTION PREPARATION TIME
UPERVISOR4600000981
ABORER 6600000981
SUB TOTAL
WIND MEASUREMENTS CONTRACTOR PERSONNEL
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Page 13 of 16, Exhibit "C ", Contract No. 4600002497
Packet Page -2583-
12/11/2012 Item 16.A.27.
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Page 14 of 16, Exhibit "C ", Contract No. 4600002497
Packet Page -2584-
12/11/2012 Item 16.A.27.
ATTACHMENT 3
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Page 15 of 16, Exhibit "C ", Contract No. 4600002497
Packet Page -2585-
12/11/2012 Item 16.A.27.
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Page 16 of 16, Exhibit "C", Contract No. 4600002497
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EXHIBIT "H" 12/11/2012 Item 16.A.27.
_NSURANCE REQUIREMEN l
In accordance with Article 5 of this CONTRACT, the information listed in this Exhibit "H" defines the various types and limits of
insurance the CONTRACTING PARTY is required to maintain during performance of work identified under the applicable Statement
Work for the term of this CONTRACT.
Unless otherwise specified, the DISTRICT shall be named and included as an additional insured under all required insurance
policies, excluding workers' compensation and professional liability. The DISTRICT shall also be identified as the certificate
holder on all certificates of insurance. The general liability, automobile liability and all other coverages, as appropriate, shall be no
more restrictive than the latest editions of the Insurance Services Office (ISO).
Each line of coverage and specific endorsements are the types of insurance required. The minimum limit of insurance required is also
identified. The limit is "per occurrence ", combined single limit for personal injury, bodily injury and property damage. The DISTRICT
may require a separate project aggregate depending on the type of work being performed. The applicable Contract Number and
designated Contract Administrator identified on the cover page of this CONTRACT shall also be specified on the Certificate.
South Florida Water Management District is to be named as Additional Insured for General Liability and Auto Liability Coverage. When
the contract requires aircraft and /or environmental Impairment Liability, the South Florida Water Management District is to be named as
an Additional Insured for those items also.
GENERAL LIABILITY
COMPREHENSIVE FORM
OCCURRENCE FORM
PREMISES / OPERATIONS
DELETE XCU EXCLUSION
PRODUCTS / COMPLETED
CONTRACTUAL
INDEPENDENT CONTRACTORS
BROAD FORM PROPERTY
PERSONAL INJURY
WATERCRAFT
POLLUTION
JTOMOBILE LIABILITY
ANY AUTO
OWNED
NON -OWNED
WORKERS COMPENSATION AND EMPLOYER'S LIABILITY
Coverage:
Limit:
$1,000,000
$500,000
Statutory
$100,000 each accident
$100,000 disease -each employee
$500,000 disease policy limit
The attached Certificate of Insurance Form is preferable to the District, however the Acord Form is acceptable.
Page I of 2, Exhibit "H ", Contract No. 4600002497
Packet Page -2589-
SFWMD Additional Insured
SFWMD Additional Insured
SEA�'q SOUTH FLORIDA WATER MANAGEMENT D-� - --
12/11/2012 Item 16.A.27.
3301 Gun Club R 3, West Palm Beach, FL 33406 (5( 686 - 881..,
EXHIBIT 661"
Rev 1123 10
Page 1 of 1, Exhibit "I", Contract No. 4600002497
Packet Page -2590-
ZM
SFWMD Project Manager: Ellen Donlan
WORK ORDER NO:
Phone:561 682 -6130 Email: edonian @sfmwd.gov
SAP PO REFERENCE NO:
SFWMD Contract Specialist: Donna Lavery
Must be referenced on invoices
Phone:561 682 -6420 Email: dlavery@sfwmd.gov
Firm Name: Applied Aquatic Management, Inc.
Firm's Project Manager: PJ Myers
Address: P.O. Box 2469
Phone: 863 534 -8882
City /State /Zip: Eagle Lake, FL 33839 -1469
Email: Stephanie @app liedaquaticmgmt.com
Fax: 863 534 -3322
In accordance with Contract No.4600002497, dated for vegetation control, the South Florida Water
Management District hereby directs the firm to perform the services for the project as described below for the
amount specified below.
1. Work Order Start Date:
2. Completion Date:
3. Work Order Type & Funding: Not To Exceed ❑ Time & Materials /Not -to- Exceed ❑ Fixed ❑
Current FY _$ Total Work Order Amount:$ PR#
*Multi -Year Funding: ❑ Yes ❑ No
FY Amount $
FY Amount $
FY Amount $
*Subject to Governing Board Budgetary Appropriation for each Fiscal Year — see Article 2.2 of Exhibit "B"
4. Small Business Enterprise (SBE) Participation:
SBE Contract Participation Goal: % ❑ N/A New subcontractor proposed for this Work Order?
SBE Utilization for this Work Order: % ❑ NIA Select one: ❑ YES ❑ NO
Subcontractor Name(s): Name:
Accepted by:
Procurement SBE Section Date
For District Use Only:
Review Date (Over $500K)
Signature of Firm:
SFWMD Approval:
CS Initial
Accepted by:
Accepted by:
Authorized Representative
Procurement Representative
Title:
Title:
Date:
Date:
Rev 1123 10
Page 1 of 1, Exhibit "I", Contract No. 4600002497
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ZM
Positions
12/11/2012 Item 16.A.27.
EXHIBIT "L"
RATESCHEDULE
Loaded Hourly Labor Rate
Licensed Applicator /Supervisor $56.50
Laborer
$22.00
Hourly rates shall include: average pay rate, benefit costs, insurance, WEEDAR
database envy, equipment (transport trucks, airboats, ATV, spray and communication
equipment, back packs, machetes, spray bottle, and all other safety equipment) and all
other components of the hourly rates. All pricing of labor shall exclude sales and use
taxes at both the State and Federal levels since the District is exempt from payment of
such taxes.
Page 1 of 1, Exhibit 'T", Contract No. 4600002497
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Scoring & Final Ranking Report for RFP 6000000458 Paize 1 of 1
12/11/2012 Item 16.A.27.
Scoring & Final Ranking Report for RFP 6000000458
Issue Date: 04/18/2011
Type: Standard
Title: Ground Application Services for Aquatic, Wetland and Terrestial Vegetation Control
Description: This purpose of this RFP is to solicit technical and cost proposals from qualified
respondents able to providing crews, equipment, herbicide and supplies for treating aquatic,
wetland and terrestrial vegetation using various ground application methods. Vegetation will be
treated in natural areas within the boundaries of the District, on District lands or those of agency
partners, including the Water Conservation Areas and Lake Okeechobee. Treatment will occur in
canals, on levees and around structures of the Central and Southern Florida Flood Control District
as well as the interconnecting Kissimmee and Alligator chain -of- lakes. Work Order Contracts
resulting from this solicitation will be for a three year period with two one -year renewal options.
Required Comments / Threshold: Yes / 80%
Max Contract Specialist Points / Technical Points: 25 / 75
CSTYLIAN
DIOHNSO
]SCHUETT
MBODLE
RNUTTER
Orals Vendor Name
CS Score
�
S IP
S IP
S IP
S IP
S
IP
Applied
Y Aquatic
17
79 2
89 1
71 2
87 1
90
2
Management,
i
Inc.
Lake &
Y Wetland
25
80 1
79 2
53 8
83 2
90
2
Management
Y Earth Balance
24
78 3
74 4
z
71 2
70 7
l 91
1
Florida Best
Y
23
'
j 72 4
54 8
77 1
78 3
70
7
Inc.
,
Aquatic
Y Vegetation
8
63 7
77 3
59 5
75 4
81
5
Control, Inc.
i
Aquatic Plant
i
�
N Management,
15
68 5
70 6
64 4
75 4
63
10
Inc.
N Clarke Aquatic
15
64 6
71 5
' 55 7
70 7
76
6
Services Inc.,
N Aquagenix
15
58 9
55 7
i
58 6
72 6
87
4
N Croazpoza Bros,
' 15
60 8
151 9
I 52 9
67 10
67
8
N Rick Richards,
24
I 53 10
31 11
42 10
68 9
66
9
Inc.
Walker Exotic
I
N Tree
24
52 11
34 10
42 10
67 10
51
it
Eradication
Total Final
S IP Rank
416 8 1
385 15 2
384 17 ( 3
351 23 4
355 24 5
340 29 6
336 31 7
330 32 8
297 44 9
260 49 10
246 52 it
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https: / /my. sfwmd.gov /portal/ page / portal /pg _grp_rfp_ scoring /pg_rfp_scoring_md_ranking... 8/19/2011
12/11/2012 Item 16.A.27.
Cooperative Governmental / Consortium Agreement Form
( "Piggyback ")
Collier County Solicitation Reference: County #13 -6021 / SFWMD Contract #46000002497 for "Ground
Application Services for Aquatic, Wetland and Terrestrial Vegetation Control"
Vendor(s): Applied Aquatic Management, Inc. Lake and Wetland Management, Inc. EarthBalance Corp., Florida
Best Inc and Aquatic Vegetation Control.
Items
Information
Description
Reviewed
(Allowable per BCC Purchasing Policy XIV.B "best interest.of the County ")
1.
Sponsor Agency
South Florida Water Management District
2.
Sponsor Agency
Donna Lavery, Contract Specialist (561) 682 -6420
Contact
3,
Web Site (if
www.sfwmdgov
applicable)
4.
Award Date
October 1, 2011
5.
Scope of Services
This purpose of this RFP is to solicit technical and cost proposals from qualified
respondents able to providing crews, equipment, herbicide and supplies for
treating aquatic, wetland and terrestrial vegetation using various ground
application methods. Vegetation will be treated in natural areas within the
boundaries of the District, on District lands or those of agency partners, including
the Water Conservation Areas and Lake Okeechobee. Treatment will occur in
canals, on levees and around structures of the Central and Southern Florida
Flood Control District as well as the interconnecting Kissimmee and Alligator
chain -of- lakes. This contract will be for a three year period with two one -year
renewal options.
6.
1 Expiration Date
September 30. 2014
7.
Renewal Options
2 one year renewal options
8.
Piggyback Clause
Yes, Exhibit A, Page 1
(in solicitation or
contract)
9.
Competitive Event
RFP with 11 vendors submitted proposals, 5 firms were awarded contracts.
10.
Competition
11 vendors submitted proposals, 5 firms were awarded contracts.
Summary
11.
RFP Ranking Sheet
Attached
12.
Vendors Awarded
Applied Aquatic Management, Inc., Lake and Wetland Management, Inc.
EarthBalance Corp., Florida Best Inc and Aquatic Vegetation Control.
13.
Attached
Contract, Solicitation, Posting Notice, Scoring Sheet, Notice of Award
Documents for
County Attorney
14.
Anticipated County
$300,000
Annual S end
15.
Rationale for Use
Solicited through the South Water Management District; solicitation sales volume
netted price savings for the County given the number of public agencies
participating; consistent pricing; reduced the number of staff hours and vendor
dollars in putting together a response to a specific Collier County solicitation.
Purchase order is the buying mechanism.
The Purchasing staff certifies that the attached contract for 46000002497 was competitively solicited by the
South Florida Water Management District according to the Board's Purchasing Policy XIV B and that the terms
and conditions of the purchase are competitive in the market and favorable to the County.
Professional review and approval) (Date)
/ General Services Direc;(d qb' and approval)
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(Date)