HomeMy WebLinkAboutR-24-40 Aquatic Vegetation ControlRESOLUTION NO. R-2440
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA,
APPROVING A PIGGYBACK CONTRACT WITH AQUATIC
VEGETATION CONTROL, INC. FOR GROUND APPLICATION
SERVICES AND IN SUBSTANTIAL CONFORMITY WITH THE
AGREEMENT ATTACHED HERETO AND MADE A PART HERE
OF AS "EXHIBIT A."; ADOPTION OF RECITALS; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Chapter 287, Florida Statutes and City Code of Ordinances
Section 2-10, provide that, whenever advantageous to the City, the City may utilize bids that have
been awarded or under contract by the state, county, or other governmental agencies; and
WHEREAS, Aquatic Vegetation Control, Inc. has an existing contract under the South
Florida Water Management District effective through June 5, 2027 (with two (2) additional one
(1) year renewal periods), see attached "Exhibit A," that the City of Sebastian is seeking to
piggyback for the purchase of the above -referenced pavement maintenance and rehabilitation
services; and
WHEREAS, the City finds it is in the City's best interest to enter into a piggyback
agreement of the contract between Aquatic Vegetation Control, Inc. and the South Florida Water
Management District (a political subdivision of the State of Florida), see attached "Exhibit B," for
ground application services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, FLORIDA:
SECTION 1. RECITALS. The above recitals are hereby found to be true and correct
and are hereby adopted as the legislative intent of the City of Sebastian, Florida.
SECTION 2. AUTHORIZATION. The City of Sebastian, Florida hereby authorizes
the piggyback contract referenced above for the purchase of services specified in this Resolution,
and authorizes the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the
City to issue purchase orders to Aquatic Vegetation Control, Inc. in an amount not to exceed
$15,000, for ground application services in substantial conformity with the agreement attached
hereto as "Exhibit A" and the City's supplemental agreement attached hereto as "Exhibit B."
SECTION 3. CONFLICTS.
If any section, sentence, phrase, word, or portion of this Resolution is determined to be
invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair
the validity, force or effect of any other section, sentence, phrase, word, or portion of this
Resolution not otherwise determined to be invalid, unlawful, or unconstitutional.
SECTION 4. SCRIVENER'S ERRORS
Sections of this Resolution may be renumbered or re -lettered and corrections of
typographical errors which do not affect the intent may be authorized by the City Manager or
designee, without need of further action by the City Council by filing a corrected copy of same
with the City Clerk.
SECTION 5. EFFECTIVE DATE.
This Resolution shall become effective immediately upon adoption by the City Council.
The foregoing Resolution was passed for adoption by Council Member M,nn , was
seconded by Council Member McPartlan , and upon being put to a vote, the vote was as follows:
Mayor Dodd ave
Vice Mayor Dixon ave
Council Member Jones ave
Council Member McPartlan ave
Council Member Nunn ave
The Mayor thereupon declared this Resolution duly passed and adopted this 28th day of August
2024.
i•,
ATTEST:
a�Willians, City Clerk
9
CITY COUNCIL OF THE CITY OF
SEBASTIAN��FLORIDA
Ed Dodd, Mayor
Approved as to form and _
Legality: —
J fifer Cockcro , Esq., City Attorney`
Docusign Envelope ID: 3AAE3BBB-D158-4BFE-8CEF-84CD29F6F6CF
PIGGYBACK AGREEMENT FOR SERVICES
BETWEEN THE CITY OF SEBASTIAN AND
AOUATIC VEGETATION CONTROL, INC.
THIS AGREEMENT was made and entered into on August 28, 2024 by and
between the City of Sebastian, Florida, whose address is 1225 Main Street, Sebastian, FL
32958, a municipal corporation of the State of Florida, hereinafter referred to as the "City" and
Aquatic Vegetation Control, Inc. (FEIN: 59-2784012), whose principal and local address is
1860 W. 101' Street, Riviera Beach, FL 33404, hereinafter referred to as the "Vendor". The City
and the Contractor are collectively called the "Parties."
WHEREAS, the South Florida Water Management District has previously entered into a
contract with the Vendor to provide Ground Application Services on June 3, 2024 (attached as
Exhibit A hereto); and.
WHEREAS, the City of Sebastian wishes to enter into a like contract with Vendor
under the same terms and applicable conditions as that prior agreement entered into by the
South Florida Water Management District to provide Ground Application Services and other
related tasks as may be assigned by the City; and
WHEREAS, Chapter 287, Florida Statutes and purchasing procedures of the City of
Sebastian grant the authority to piggyback the purchase of goods and services as a form of inter-
governmental cooperative purchasing in which a public purchaser requests competitive sealed
bids, enters into a contract, and arranges, as part of the contract, for other public purchasing units
to purchase from the selected vendor under the same terms and conditions as itself to take
advantage of the better pricing that large purchasers can obtain to reduce administrative time and
costs involved in the procurement process (i.e., cost of preparing bid specifications, advertising,
etc.); and
WHEREAS, the City of Sebastian has determined that in this circumstance,
piggybacking onto a contract entered into by the South Florida Water Management District is the
most economically advantageous way to procure these goods and services.
NOW THEREFORE, in consideration of the mutual covenants, terms, and provisions contained
herein, the parties agree as follows:
1. TERM
The initial term shall be from October 1, 2024, until September 30, 2025, with 2 one-year
renewal options. The contract may be renewed by agreement of the parties in writing
under the condition the South Florida Water Management District executes its renewal
option.
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2. GENERAL PROVISIONS
All other terms and conditions of the contract and any amendments entered into between
the South Florida Water Management District and the Vendor referenced above will
apply to this agreement unless specified herein.
3. NOTICES
All notices and demands shall be sent via U.S. Certified Mail, return receipt to:
VENDOR:
Sharon Gillenwalters, President/CFO
Aquatic Vegetation Control, Inc.
1860 W. l0a' Street
Riviera Beach, FL 33404
E: sgillenwaltersAavcaquatic.com
P: 561-845-5525 x208
4. PUBLIC RECORDS
CITY:
Brian Benton, City Manager
City of Sebastian
1225 Main Street
Sebastian, FL 32958
E: iesseraham(a),citvofsebastian.ora
P: 772-388-8231
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT JEANETTE
WILLIAMS, CUSTODIAN OF PUBLIC RECORDS, AT 1225 MAIN
STREET, SEBASTIAN, FL 32958; EMAIL:
iwilliamsna,Citvofsebastian.or¢; PHONE: 772-388-8215.
5. Vendor aerees to comely with aublic records laws, specifically to:
A. Keep and maintain public records required by the public agency to perform the service.
B. Upon request from the public agency's custodian of public records, provide the
public agency with a copy of the requested documents or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the
price provided in this chapter or as otherwise provided by law.
C. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for
the duration of the contract term and following completion of the contract if the
contractor does not transfer the records to the public agency.
D. Upon completion of the contract, transfer, at no cost, to the public agency all
public records in possession of the contractor or keep and maintain public records
required by the public agency to perform the service. If the contractor transfers all
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public records to the public agency upon completion of the contract, the
contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the
contractor keeps and maintains public records upon completion of the contract,
the contractor shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to the public agency, upon
request from the public agency's custodian of public records, in a format
compatible with the public agency's information technology systems.
IN WITNESS WHEREOF, the parties hereto have approved and executed this
Agreement through their duly authorized representatives as of the date below.
ATTEST
AQUATIC VEGETATION CONTROL, INC.
By:
�sc.4.r..r:,... �6.rea. Cdlwa.Ui.vs
Salvador Medina Sharon Gillenwalters, President/CEO
Date:7/22/2024 1 6:26:02 AM POT
ATTEST
4 Mp�W.
prnliri?d.A..
Jeanette Williams, MMC
City Clerk
For the use and reliance of the City of
Sebastian only. Approved as to form
and legal sufficiency.
�mw5p w
Jennifer D. Cockcroft, Esq.
City Attorney
CITY OF SEBASTIAN, FL
By:
FWM
t
Brian Benton, City Manager
Date:g/29/2024 1 6:12:04 PM EDT
Page 3 of 4
Docusign Envelope ID: 3AAE3BBB-D158-4BFE-8CEF-84CD29F6F6CF
EXHIBIT A
South Florida Water Management District Contract
Page 4 of 4
Docusign Envelope lD:3AAE3BBB-D158-4BFE-8CEF-84CD29F6F6CF
0♦�H�
o ��1; OFLORIDA s DISTRICT
� CONTRACT
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THE SOUTH FLORIDA WATER MANAGEMENT
DISTRICT (hereinafter referred to as DISTRICT)
ENTERS INTO THIS CONTRACT WITH:
Name: Aquatic Vegetation Control, Inc.
Address: 1860 W. 10" Street
Riviera Beach, FL 33404
Project Manager: Salvador Medina
Telephone No: (561) 845-5525
Email: sgillenwalters@avcaquatic.com
Hereinafter referred to as: Contractor
PROJECT TITLE: Ground Application Services
This number must appear on all Invoices and Correspondence
HEREBY Contract4600004968
SUBMIT INVOICES TO THE DISTRICT AT:
aDinvoiceQ.sfwmd.eov
SBE PARTICIPATION: N/A
The following Exhibits are attached hereto and made a part of this Contract:
Exhibit "A"
- General Terms and Conditions
Exhibit "H"
Insurance Requirements
Exhibit'B"
- Statement of Work
Exhibit"I"
- Work Order
Exhibit "C" -
Rate Schedule
Exhibit "J"
- Unassigned
Exhibit "D"
- Unassigned
Exhibit "K"
Unassigned
Exhibit "E" -
SBE Participation Schedules
Exhibit "L"
- Unassigned
Exhibit "F" -
SBE Utilization Report Forms
Exhibit "M"
- Unassigned
Exhibit "G" -
Unassigned
TOTAL CONTRACT AMOUNT $160,000.000.00
CONTRACT TYPE: WORK ORDER
Multi -Year Funding (If Applicable)
Fiscal Year:
Oct. I, 2023- Sept. 30, 2024 S4,000,000.00
Fiscal Year:
Oct. I, 2026 - Sept 30, 2027* S32,000,000.00
Fiscal Year:
Oct. 1, 2024—Sept. 30, 2025* S32,000,000.00
Fiscal Year:
Oct. 1, 2027—Sept. 30,2028* S32,000,000.00
Fiscal Year.
Oct. 1, 2025—Sept. 30, 2026* $32,000,000.00
Fiscal Year:
Oct. 1, 2028—Sept. 30, 2029* S28,000,000.00
*Subject to District Governing Board Annual Budget Approval
CONTRACT TERM: 3 Years
EFFECTIVE DATE:
RENEWAL OPTIONS: 2 One -Year Renewal Options
District Project Manager: Ellen Allen
Telephone No: (561)682-6130
Emai kedonlan(a�sfwmd.gov
SUBMIT NOTICES TO THE DISTRICT AT:
South Florida Water Management District
Procurement Bureau
3301 Gun Club Road
West Palm Beach, Florida 33406
Last Date of Execution by the Parties
District Contract Specialist: Lorenzo Valdes
Telephone No: (561) 682-2152
Email: Lovaldes( dwind.gov
SUBMIT NOTICES TO THE CONTRACTOR AT:
Aquatic Vegetation Control, Inc.
1860 W. W Street
Riviera Beach, FL 33404
IN WITNESS WHEREOF, the authorized representative hereby executes this Contract on this date, and accepts all Terms and Conditions under
which it is issued.
AQUATIC VEGETATION CONTROL, INC.
Accepted By:����
Signature of Authorized Representative
Title: Vice President
Date: May 30, 2024
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
BY ITS GO ERNING BO D
By: /� 1
Drew Bartlett, Executive Director
Date:
By:
Candida Heater, Director
Administrative Services Division
Date: 03 June 2024
SFWMD OFFICE OF rntiNSEL APPROVED
By: f7 Date: 5292024
SFWMD PROCUREMENT APPROVED
Date: 5-23-2024
Docusign Envelope ID: 3AAE3BBB-D158-4BFE-8CEF-84CD29F6F6CF
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EDIT "A"
0 GENERAL TERMS AND CONDITIONS
Article 1- The Work
1.1 Services Provided. The Contractor shall, to the satisfaction of the District, fully and timely perform
all work items described in Exhibit B "Statement of Work" (the "Work"). It is the Contractor's
responsibility to advise its employees or hired workers of the nature of the Work and Contractor shall
determine the method, details and means of performing the Work. Contractor shall coordinate directly with
the District Project Manager on all engagements with the media, stakeholders, elected officials, and the
public regarding the Work Contractor is doing for the District. At no time should Contractor or
subcontractors invite guests to District premises without written authorization by the District.
1.2 Work Orders. Exhibit I is a Work Order cover page. As actual services are identified by the District,
the Contractor shall, upon request, prepare and submit to the District a detailed technical and cost proposal.
Contractor shall include in its cost proposal a detailed breakdown adequate to substantiate all Contractor
costs, including labor and expenses and shall incorporate any established rates specified in Exhibit C. The
price negotiated by the parties for each Work Order will be the maximum consideration paid by the District
for each authorized Work Order. Contractor must not commence any work 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. Contractor bears all risk of loss for its own
cost overrims.
A. The District will only award a Work Order if:
(1) The Statement of Work and the price is advantageous to the District in its sole discretion;
(2) Qualified personnel are available within the required time frames;
(3) Contractor has not had unsatisfactory performance on any previous Work Order(s) issued by
the District; and
(4) Contractor complies with the Small Business Enterprise provisions in Article, 10 of this
Contract.
B. The District has the right to make unilateral changes to any Work Order without the consent of
the Contractor. The District may cancel any Work Order without liability to Contractor other than
payment for Work accepted by the District up through the effective date of cancellation. The District
may cancel a Work Order by providing 30 days advance written notice to the Contractor. The District
may issue a Work Order revision at any time without providing 30 days written notice.
13 Substantiate Work 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. The
Contractor shell also 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.
1.4 Time is of the Essence. Time is of the essence in the performance of each and every obligation under
this Contract.
1.5 Presentations by Contractor. Contractor shall submit any manuscripts, technical publications,
presentation slides or other documents resulting from or related to the Work performed under this Contract
Contract No. 4600004968, Exhibit A, Page 1 of 15
Docusign Envelope ID: 3AAE3BBB-Dl58-4BFE-8CEF-84CD29F6F6CF
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXMIT "A"
GENERAL TERMS AND CONDITIONS
to the District for review and approval prior to publication by the Contractor in any forum or format. This
paragraph shall survive the expiration or termination of this Contract.
1.6 Use of Data. Any use of data gathered under this Contract that has not been through the quality
assurance/quality control validation described in Exhibit B 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.
1.7 A. Cultural Resources. If applicable, the District will identify known historic, archeological and
cultural resources within the Contractor's work area(s) and the District will designate it as a "sensitive
environmental area" in the Work Order. If so designated, the Contractor shall install protection for these
resources and is 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.
B. 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. Upon discovery and subsequent reporting of a possible inadvertent discovery
of cultural resources, the Contractor shall work well away from and otherwise avoid the area of interest.
1.8 Use by Other Florida Governmental Entities. Contractor may provide services to other
governmental entities pursuant to the terms and conditions of this Contract. These governmental entities
include other water management districts, state of Florida agencies, universities, counties, school boards,
municipalities, special districts, and other local public agencies or authorities. References to the South
Florida Water Management District in the contract will be replaced with the name of the purchasing entity
and the District will not be a party to any other governmental entity's contract to purchase. Nor will the
District be responsible for payment for any goods or services delivered or performed for any other
governmental entity that uses Contractor services pursuant to this paragraph.
Article 2 - Work Involving District Facilities or Equipment
2.1 Policy Code Acknowledgement. In the event Contractor's employees or hired workers are
authorized to perform services on -site at District facilities or using District equipment, the Contractor must
comply with all applicable District policies and standards of conduct listed in Attachment I to Exhibit A
titled "Contractor Policy Code Acknowledgment." Contractor shall require each individual performing
work to execute the Attachment 1 form.
2.2 Background Checks. 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. Prior to contract
execution, Contractor shall submit Attachment 2 to Exhibit A titled, "Contractor's Affidavit, Work
Involving District Facilities or Equipment" to certify compliance with Article 2. 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 Section 11.5. After reviewing the
Contract No. 4600004968, Exhibit A, Page 2 of 15
Docusign Envelope ID: 3AAE3BBB-D158-4BFE-8CEF-84CD29F6F6CF
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
tilt
GENERAL TERMS AND CONDI[TIONS
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. Prior to allowing any employees or hired workers
to work on -site at District facilities, the Contractor must 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 shall recertify compliance of the Contractor Affidavit every three months or until expiration
of the contract. The Contractor shall advise the District of any potential violation of the compliance of the
Affidavit. The Contractor will place the above language in any contract that it has with its subcontractor
and is responsible for its enforcement.
2.3 District Critical Structures. If the project or work under this Contract requires that the Contractor
or its agents have unrestricted access to any District critical structures, Contractor shall ensure that those
individuals must complete a fingerprint -based criminal history check, pursuant to Section 373.6055, Florida
Statutes in order to qualify for such unrestricted access. Fingerprints shall be submitted to the Florida
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 individual(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. If a
Contractor or subcontractor's employees or agents will only have access to District critical structures when
accompanied by appropriate District staff, a fingerprint -based criminal history check is not required.
2.4 Access Keys. In the event the District provides the Contractor with keys to access any District
structures or Rights -of -Way through its key permitting system, the District will require a deposit for the
keys. If the Contractor loses any keys provided by the District, the District may assess the Contractor for
its costs to replace the keys and the locks and may deduct it from the amount the District owes to the
Contractor for the Work or may subtract these costs from the deposit, if one is collected. Repeated loss of
keys may also be used as a basis for deeming the Contractor as non -responsible in any bid or proposal.
2.5 ID Badges. In the event that the District provides the Contractor with an identification badge to
access any District office, structure or Right -of -Ways through its badge access system, Contractor will use
its best efforts to safeguard the identification badge. throughout the period of performance of this
contract/purchase order. Contractor shall be required to return the identification badge to the District's
Security Office immediately upon completion of work or termination of its contract/purchase order with
the District. Should the Contractor lose the identification badge provided by the District, Contactor shall
immediately report the loss to the District. District will determine, at that time, if a replacement
identification badge may be reissued. The Contractor will place the above language in any contract that it
has with its subcontractor and is responsible for its enforcement. Repeated loss of identification badge or
failure to return identification badge upon completion of work or termination of its oontract/purchase order
with the District, shall result in Contractor breach of its contract/purchase order and/or may be used as a
basis for deeming the Contractor as non -responsible in conjunction with bid or proposal submissions. This
paragraph shall survive the expiration or termination of this contract.
Contract No. 4600004968, Exhibit A, Page 3 of 15
Docusign Envelope ID: 3AAE3BBB-D158-4BFE-BCEF-84CD29F6F6CF
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXHIBIT "A"
GENERAL TERMS AND CONDITIONS
Article 3 - Compensation
3.1 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. Travel
expenses are not anticipated. However, 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
Voucher", attached hereto as Exhibit J, or similar form, together with copies of receipts to support travel
expenses must accompany all requests for travel reimbursement.
3.2 Annual Funding. Funding for each year of this Contract is subject to District Governing Board
budget appropriation. If the Governing Board does not approve funding for any subsequent fiscal year, this
Contract will terminate immediately after the District pays the last payment authorized under the current
fiscal year funding.
3.3 Multiple Contracts. Multiple contracts have been awarded to other firms for the services to be
provided under 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 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.
Article 4 - Invoicing and Payment
4.1 The Contractor shall submit the invoices pursuant to the schedule outlined in the Payment and
Deliverable Schedule, attached to each Work Order. In the event the schedule does not specify fixed
payment on a completion of deliverable basis, all labor shall be invoiced using the hourly rates specified
by labor category in the Exhibit C, Rate Schedule. All invoices shall be substantiated by adequate
supporting documentation to justify hours expended and expenses incurred within the 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 in accordance with Attachment I
to Exhibit C. Absence of proper documentation may result in non-payment or audit and return of prior
payments.
4.2 Invoice Requirements. Contractor shall send its invoices and any attachments to
APlnvoicet7asfwmd.eov and a copy to vegmanagement@sfwmd.gov. All invoices must reference the
Contractor's legal name as authorized to do business with the State of Florida; District's Contract Number,
Purchase Order (PO) Number and Work Order Number as specified on the cover/signature page of the
Work Order; a unique invoice number not previously used; date; a description of the services performed,
and the amount to be invoiced. Contractor shall: 1) submit invoices using a pdf file at a resolution of no
less than 300 dpi; 2) name the pdf file with the Contractor's name and the PO number; 3) include the PO
number and Invoice number in the subject line of the email. If email or pdf filing is not possible, the
Contractor must provide the above to the following address:
Contract No. 4600004968, Exhibit A, Page 4 of 15
Docusign Envelope ID: 3AAE3BBB-D158-46FE-8CEF-84CD29F6F6CF
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
=
a'
(,,! `°GENERAL TERMS AND CONDITIONS
South Florida Water ManagementDbUriet
Accounts Payable
P.O. Box 24682
West Palm Beach, FL 33416.4682
Contractor must submit its invoices in compliance with the requirements of this subsection and all other
terms and conditions of this Contract in order to receive prompt payment by the District as described in the
applicable sections of Chapter 218, Florida Statutes. Contractor's failure 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.
4.3 Contract Commencement. Unless otherwise stated herein, 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.
4.4 Early Payment Discounts. Any early payment discount offered by the Contractor must 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 5 - Notice and Project Management
5.1 Notice. 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 are
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 listed on the cover/signature page of the Contract. All notices, demands, or
other communications to the Contractor under this Contract shall be in writing and shall be deemed received
if sent by electronic mail, US Mail or overnight carrier, or otherwise required by law. All notices to the
District under this Contract shall be in writing. The Contractor shall provide all notices to the persons listed
on the cover page ofthis Contract. 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 Contractor shall reference the District's
Contract number.
5.2 Replacing Personnel. At its sole discretion, the District may order the immediate replacement of
any individual(s) working for the Contractor on this Contract. The District may take this action without
providing a reason for requesting the replacement of any individual(s). The Contractor may propose a
replacement for the individual(s), subject to District approval. The Contractor will place the above language
in any contract that it has with subcontractors. The Contractor will enforce the replacement of subcontractor
personnel upon request by the District.
Article 6 - Indemnification and Insurance
6.1 Indemnification. The Contractor will fully defend, indemnify, save, and hold the District, its board
members, agents, assigns, and employees, harmless from all claims of any sort or nature, including but not
limited to, all damages, losses, fines, penalties, liabilities, expenses, costs, and attorney's fees, arising out
Contract No. 4600004968, Exhibit A, Page 5 of 15
Docusign Envelope ID: 3AAE3BBB-D1584BFE-BCEF-84CD29F6F6CF
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
0 EXIIIBIT "An
GENERAL TERMS AND CONDITIONS
of or in any way related to this Contract. The Contractor is solely responsible for ensuring its compliance
and the compliance of its subcontractors, agents, assigns, invitees and employees with the terms of this
Contract. This paragraph survives the termination or expiration of this Contract.
6.2 Insurance. 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 ofthis 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.
The Respondent shall indemnify as well as identify the District, Cemex Construction Materials Florida, LLC, Florida
Rock Industries, Inc. d/b/a Vulcan Materials Company, APAC Southeast, Inc. d/b/a Preferred Materials, Inc., Tarmac
American, LLC d/b/a Titan America, LLC and any other lands not owned by the District identified in a Work Order
as an additional insured on all insurance policies required by SFWMD upon Contract execution.
Mr. Gian Muniz
Cemex Construction Materials Florida, LLC
13292 N,W.II8th Avenue
Miami, FL 33178
Ms. Lori Sanville
Florida Rock Industries, Inc. d/b/a Vulcan Materials
P.O Box 4667
Jacksonville, FL 32201
Mr. Gary Yelvington
APAC Southeast, Inc. d/b/a Preferred Materials, Inc.
Conrad Yelvington Distr. LLC
2326 Bellevue Avenue
Daytona Beach, FL 32114
Ms. Shelby Olsen
Tarmac American LLC d/b/a Titan America,
11000 Northwest 121 Way
Medley, FL 33178
6.3 Misrepresentations about Insurance. Contractor must obtain an insurer that is 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. In the event Contractor misrepresents any
material fact, whether intentional or not, regarding the Contractor's insurance coverage, policies or
capabilities, the District may terminate this Contract.
Contract No. 4600004968, Exhibit A, Page 6 of 15
Docusign Envelope ID: 3AAE3BBB-D758-4BFE-8CEF-84CD29F6F6CF
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXHIBIT "A°
GENERAL TERMS AND CONDITIONS
Article 7 - Termination and Remedies
7.1 Termination by the District for Cause. 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 has thirty (30) days to cure the breach. If
the Contractor fails to cure the breach within the thirty (30) day period, the District will issue a Termination
for Default Notice. After the District sends a Termination for Default Notice, the District's Governing
Board will determine whether the Contractor should be suspended from doing future work with the District
as provided in Rules 40$-7.214 — 40E-7.219, Florida Administrative Code. If the District terminates for
default, the District is entitled to recover its reprocurement costs in addition to all other legal remedies.
7.2 Work Order Termination by the District for Cause. Should the services provided by the Contractor
fail to meet the expectations of the District's Project Manager, the Contractor shall have a period often (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 (10) 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 that the District can use to complete the Work.
7.3 Termination by the District for Convenience. The District may terminate this Contract in whole
or in part, with or without cause at any time for convenience upon thirty (30) calendar days' prior written
notice to the Contractor. The Notice of Termination will specify what work is terminated and the date upon
which the 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. The District will be relieved of all future obligations under this Contract, including but not
limited to actual damages and consequential damages, lost profits and any alleged delay damages. The
District may withhold all payments to the Contractor until the District verifies the work completed and
determines the exact amount due to the Contractor.
7.4 Mediation. In the event a dispute arises which the project managers cannot resolve between
themselves, the parties may submit to nonbinding mediation. The mediator 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.
7.5 Stop Work. The District may order that all or part of the work stop if the District determines that it
is in its best interest. This provision does 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 describe the reasons for the action, which shall not be arbitrary or capricious. The
Contractor must then suspend all work efforts as of the effective date of the notice and until it receives
further written direction from the District. If the District elects to resume the work, It will initiate an
amendment to this Contract or Work Order to reflect any changes to the Statement of Work and the project
schedule.
Contract No. 4600004968, Exhibit A, Page 7 of 15
Docusign Envelope ID: 3AAE3BBB-Dt584BFE-8CEF-84CD29F6F6CF
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXHIBIT "A"
GENERAL TERMS AND CONDPPIONS
Article 8 - Records and Ownership
8.1 Records Maintenance. 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, time 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 District for such disallowances 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. Appllcability 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,
contractor, agent and/or subcontractor to agree to the same requirement for records retention, inspection
and audit rights as set forth in this Article 8.
8.2 Public Records. Contractor's Duties Regarding Public Records:
A. Compliance with Florida Laws. Contractor must provide public access to all records
concerning this Contract according to applicable Florida laws including Chapter 119, Florida Statutes. if
Contractor asserts any exemptions to Florida's public records laws, Contractor has the burden of
establishing and defending the exemption. Contractor's failure to comply with this section is a breach of
this Contract.
B. Recordkeeping and Public Access: Under the applicable sections of Chapter 119, Florida
Statutes a request to inspect or copy public records relating to a District contract for services must be made
directly to the District. In addition, Contractor must: (1) keep and maintain public records required by the
District in order to perform the service; (2) upon request from the District's custodian of public records,
provide the District with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided by law; (3) ensure that public
Contract No. 4600004968, Exhibit A, Page 8 of 15
Docusign Envelope ID: 3AAE3BBB-D1584BFE-8CEF-84CD29F6F6CF
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
G) EXHIBIT "A"
GENERAL TERMS AND CONDITIONS
records that are exempt or confidential and exempt from public records disclosure requirements are not
disclosed except as authorized by law for the duration of the Contract term and following completion of
the Contract if the Contractor does not transfer the records to the District; and (4) transfer, at no cost, to the
District, all public records in possession of the Contractor or keep and maintain public records required by
the District to perform the service. If the Contractor transfers all public records to the District upon
completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains
public records upon completion of the Contract, the Contractor shall meet all applicable requirements for
retaining the public records. All records stored electronically must be provided to the District upon request
from the District's custodian of public records, in a format that is compatible with the information
technology systems of the District. At the conclusion of the Contract with the District, Contractor shall
provide all applicable records associated with this Contract on electronic media (USB flash drive).
C.IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT TELEPHONE NUMBER (561) 682-2729, EMAIL ADDRESS
PUBLICRECORDSQSFWMD.GOV AND MAILING ADDRESS: 3301 GUN
CLUB ROAD, WEST PALM BEACH, FL 33406.
8.3 Ownership of Work. The District shall retain exclusive title, copyright, patent, 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 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 party whatsoever. This paragraph shall survive the
termination or expiration of this Contract.
Article 9 - Equipment, Computer Hardware, and Software
9.1 Purchased Equipment. The Contractor shall provide the District's Project Manager with a detailed
list of any equipment purchased with District funding. 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 unless written authorization to retain the
equipment is provided by the District. 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
Contract No. 4600004968, Exhibit A, Page 9 of 15
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SOUTH FLORIDA WATER MANAGEMENT DISTRICT
0 MaMIT "A"
GENERAL TERMS AND CONDITIONS
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.
9.2 Shared Equipment. In the event the Work involves Contractor's use of District equipment, or the
District's use of Contractor's equipment, Attachment 2 to Exhibit B, Statement of Work is a list of all devices,
tools, machinery, computer hardware, and software owned or held as a either a lessee or licensee by each
party and which may be used by the other party during the term of this Contract (the "Equipment") and the
current market value of each item. Contractor is authorized to use the Equipment only for those purposes
identified in Exhibit B. When the Contract expires or is terminated, the Contractor shall promptly return all
Equipment to the District at the Contractor's expense.
9.3 Contractor's Use of District Equipment. Contractor represents that it has read, understands, and
will comply with the section of the Contractor Policy Code Acknowledgement (Attachment 1 to the Exhibit
A Statement of Work) that deals with the use of District IT resources which applies to the use of the
Equipment. Contractor shall maintain the Equipment in good working condition while in its possession
and will return the 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 Equipment is provided to the
Contractor "as is", "where is" and "with all faults." Contractor assumes all responsibility for safeguarding
the 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. Contractor shall provide the District with 100% of the current market value as stipulated
in Attachment 5 to Exhibit B in the event any of the Equipment is lost, stolen, or irreparably damaged.
9.4 Software. The District owns or has acquired the right to use certain software under license from
third parties ("District Software'j. For purposes of this Contract, the District may permit the Contractor
access to District Software on District computer systems. Contractor acknowledges the proprietary nature
of District owned and licensed software and agrees not to reproduce District Software or provide it to any
third party. Contractor's use of or access to District Software is restricted to designated District owned
systems or equipment. Contractor shall not remove any copy of District Software. If the District will be
using Contactor's software listed in Attachment 2 to Exhibit B ("Contractor's Software"), Contractor
represents and warrants that it has the legal right to allow the District to use Contractor's Software and
allows the District to use it during the term of this Contract without an additional fee.
Article 10 - Small Business Enterprise (SBE) Utilization
10.1 SBE Subcontractor 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 Rules
40E-740E-7.668-.678, Florida Administrative Code ("SBE Rule"). Contractor shall maintain the level of
SBE participation indicated on the cover/signature page of this Contract, At any time during the term of
this Contract, the District may request information on the SEE status of the Contractor and any of its
subcontractors. The Contractor shall notify the District immediately of any change in the status of the
Contractor or any subcontractor that could affect the Contractor's SBE status or the Contractor's ability to
comply with the SEE requirements of this Contract including gross revenue and licensing.
10.2 SBE Subcontractor Utilization Plan. At the time the District requests Contractor to undertake a
Work Order with an SBE goal, the Contractor shall identify all SBE firms which will be utilized as
subcontractors on that Work Order. The Contractor as the prime and each SEE subcontractor shall be listed
in the Subcontractor Utilization Plan and submitted to the District with the Work Order cast proposal. The
Contract No. 4600004968, Exhibit A, Page 10 of 15
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EDIT "A"
GENERAL TERMS AND CONDITIONS
list of the SBE's in the SBE Subcontractor 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 SBE Subcontractor Utilization Plan shall consist of the following District forms and
information as submitted by the Contractor as part of the Work Order process:
1. Small Business Enterprise Subcontractor Participation Schedule (Form No. 0956).
2. Statement of Intent to Perform as a Small Business Enterprise Subcontractor (Form No. 0957)
for each fnm that is substituted or added.
Items (1) through (2) above are hereinafter collectively referred to as the "SBE Subcontractor Utilization
Plan". Items (1) and (2) are attached hereto as Exhibits El and E2, respectively, and made a part of this
Contract. A Work Order will not be executed with a Prime Contractor whose cost proposal does not meet
the established goal for that work order.
10.3 Subcontractor Substitution and Addition. The Contractor must notify the District's Small
Business Enterprise staff prior to substituting or adding an SBE subcontractor for any reason, or otherwise
modifying the SBE Plan as defined above. If the Contractor wishes to amend its "SBE Subcontractor
Utilization Plan," it must submit to the District an amended version of the following:
1. Small Business Enterprise Subcontractor Revised Participation Schedule (Form No. 1373)
attached as Exhibit E3.
2,Statement oflntent to Perform as a Small Business Enterprise Subcontractor (Form No. 0957) for
each firm that is substituted or added.
10A SBE Reporting, The Contractor shall submit with each invoice a completed SBE Subcontractor
Utilization Report form, attached as Exhibit Fl. Separate Utilization Reports must be submitted for each
Work Order. In addition, the Contractor shall also provide, upon request cancelled checks or check register
photocopies, or any other valid form of documentation that provides proof of payment made to each SBE
subcontractor. The Contractor shall submit a completed Final SEE Subcontractor Utilization Report form,
attached as Exhibit F2, at the time a final invoice is submitted for each completed Work Order. All reports
must be submitted to the SBE Compliance Specialist in the Procurement office in the District's West Palm
office listed on the cover page of the Contract.
10.5 Compliance. Contractor must comply with the SBE Subcontractor Utilization Plan for each Work
Order and the District will monitor compliance with it and the SBE rules. The Contractor 'shall maintain
the level of SEE utilization as established in the Contractor's Work Order SBE Subcontractor Utilization
Plan. Compliance shall include all Work under this Contract including amendments, change orders, and
Work Orders. Failure to comply with the SBE requirements of this Contract will be considered a material
breach of Contract and may result in suspension or debarment under District Rule 40E-7.218 Florida
Administrative Code.
10.6 Not -To -Compete Agreements. The Contractor is prohibited from entering into any agreements with
an SBE subcontractor in which the SEE subcontractor has agreed not to provide subcontracting quotations
to other respondents or potential respondents.
Contract No. 4600004968, Exhibit A, Page 11 of 15
Docusign Envelope ID: 3AAE3BBB-Dt584BFE-8CEF-84CD29F6F6CF
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EAMIT "A"
00 GENERAL TERMS AND CONDITIONS
Article 11- Contractor's Representations
11.1 No Discrimination. The Contractor and its agents will not discriminate against any person on legally
protected bases in any activity under this Contract.
11.2 Convicted Felons & Discriminatory Vendor List. The Contractor 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 further understands and accepts that this Contract
shall be either void by the District or subject to immediate termination by the District, in the event there is
any misrepresentation or lack of compliance with the mandates of Section 287.133, Florida Statutes, and
Section 287,134, The District, in the event of such termination, shall not incur any liability to the Contractor
for any work or materials furnished.
113 Scrutinized Companies. Contractor shall comply with sections 287.135, Florida. Statutes. The
Contractor further understands and accepts that this Contract shall be either void by the District or subject
to immediate termination by the District in the event there is any misrepresentation or false certification on
the part of the Contractor. The District, in the event of such termination, shall not incur any liability to the
Contractor for any work or materials finnished.
11.4 No Contingency Fees. The Contractor warrants that it has not employed or retained any person,
other than a bona fide employee working solely for the Contractor, to solicitor 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.
11.5 E-Verify. Contractor has verified that its employees are authorized to work in the U.S. and certifies
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 humigmtion Services Form I-9. Answers to questions regarding E-Verify as well as
instructions on enrollment may be found at the &Verify website: www.uscis:eov/e-ver fv.
11.6 Antitrust Violations. Contractor must comply with section 287.137, Florida Statutes. A Contractor
or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held
civilly liable for an antitrust violation may not be awarded or perform work as a Contractor under a Contract
with the District.
Article 12 - Prohibitions
12.1 District Tax Exempt Certificate. The Contractor shall not use the District's exemption certificate
number issued pursuant to the applicable sections of Chapter 212, Florida Statutes, when purchasing
materials used to fulfill its contractual obligations with the District. The Contractor is responsible for the
payment of all applicable FICA/Social Security and other taxes resulting from this Contract. In the event
Contract No. 4600004968, Exhibit A, Page 12 of 15
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EXMIT "A"
GENERAL TERMS AND CONDITIONS
the Contractor is a sole proprietor, the Contractor is responsible for submitting quarterly returns to the
Federal Government.
12.2 PIedge of District Credit. 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 includes 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.
12.3 Employment Solicitation. 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 Contractor 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.
12.4 Publications Regarding the Rork. 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 Distrct, 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.
12.5 No Lobbying. Under the applicable sections of Chapter 216, Florida Statutes, the Contractor is
prohibited from using any funds under this Contract to lobby the Legislature, the judicial branch or a state
agency.
12.6 Promoting Project Objectives. Contractor, its employees, subcontractors, and agents shall refrain
from acting adverse to the District's interest in promoting the goals and objectives of this project.
Contractor shall take all reasonable measures necessary to effectuate these assurances. In the event
Contractor determines it is unable to meet or promote the goals and objectives of the project, it shall
immediately notify the District and the District, may then in its discretion, terminate this Contract.
Article 13 - General Provisions
13.1 Independent Contractor. The Contractor is an independent contractor and neither party is
considered an employee or agent of the other party. Nothing in this Contract will be interpreted to establish
any relationship other than that of independent contractor 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, the District will not pay the Contractor staff any
direct remuneration, expense reimbursement or compensation of any kind. Contractor, its officers, agents,
and employees, are not entitled to any employment benefits from the District. Contractor waives and agrees
Contract No. 4600004968, Exhibit A, Page 13 of 15
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0 EXMIT "A"
GENERAL TERMS AND CONDITIONS
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. Contractor shall exclusively provide all benefits available to Contractor or Contractor's staff.
The Contractor shall provide all billing, collection, payroll services and tax withholding, among other
things, for all Contractor staff performing services under this Contract.
13.2 Compliance with Laws. The Contractor, its employees, subcontractors, and agents, shall comply
with all applicable federal, state, and local laws, regulations, and requirements relating to the performance
of this Contract including those pertaining to safety, labor and unemployment. 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. The Contractor is responsible for the compliance of its subcontractors
with this section.
13.3 Applicable Laws and Venue. The laws of the Stare of Florida shall govem all aspects of this
Contract. The exclusive venue for any dispute(s) arising out of or related to this Contract shall be in a court
of competent jurisdiction located in Palm Beach County, Florida.
13.4 Waiver of Jury Trial. Each party, to the extent permitted by law, knowingly, voluntarily, and
intentionally waives its right to a trial by jury in any 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.
13.5 Permits and Authorizations. The Contractor shall obtain all required 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, despite
any other provisions of this Contract to the contrary.
13.6 Force Majeure. 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 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.
13.7 Exhibits and Inconsistencies. All Exhibits attached to this Contract are incorporated and are part of
the Contract. Any inconsistency in this Contract shall be resolved by giving precedence in the following
order:
A. Exhibit A General Terms and Conditions
B. Exhibit B Statement of Work
C. All other exhibits, attachments and documents incorporated into this Contract
Contract No. 4600004968, Exhibit A, Page 14 of 15
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EDIT "A"
0 GENERAL TERMS AND CONDITIONS
13.8 No Third Party Beneficiaries. 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.
13.9 Assignment. Contractor shall not assign, delegate, sublease or otherwise transfer any portion of its
rights and obligations as set forth in this Contract without prior written consent of the District. Any
attempted assignment in violation of this provision shall be void.
13.10 Waiver. No waiver of any term of this Contract constitutes a waiver of any other provision, whether
similar or dissimilar. No waiver of any term constitutes a continuing waiver. No waiver is binding unless
signed in writing by the waiving party.
13.11 Severabfilty. If any term of this Contract is for any reason invalid or unenforceable, the rest of the
Contract remains fully valid and enforceable.
13.12 Entire Contract. This Contract constitutes the entire agreement between the parties and supersedes
all prior and contemporaneous agreement, representations, and undertaking. No supplement, modification,
or amendment of this agreement will be binding unless it is in writing and signed by both parties,
13.13 Counterparts. This Contract may be executed in one or more counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same instrument. A photocopy,
email or facsimile copy of this Agreement and any signatory hereon shall be considered for all purposes as
original.
13.14Interpretation. Unless the context requires otherwise: The term "including" contemplates
"including but not limited to."
13.15 Survival. All provisions of this Contract which by their terms bind either party after the expiration
or termination of this Contract shall survive the expiration or termination of this Contract.
13.16 Contract Renewal In the event this Contract provides for renewal options as stated on the cover
page of this Contract, the District, in its sole discretion, may exercise any of the renewal options by
executing an amendment to this Contract.
Contract No. 4600004968, Exhibit A, Page IS of 15
Docusign Envelope ID: 3AAE3BBB-D7584BFE-8CEF-84CD29F6F6CF
Contractor Policy Code Acknowledgement
I am aware that District Information Technology resources are the property of the District, and as a result, I have
no right to privacy or expectation of privacy when using and/or connecting to District Information Technology
resources. I am aware that the District may audit, access, and review all data and/or communications transmitted
through or residing on District Information Technology resources or any equipment or resources attached
thereto, including e-mail and voicemail messages, at any time. I am aware that use of passwords or encryption
does not restrict the District's right to access or disclose such communications, and that the District shall disclose
the information to third parties as required by law.
When authorized to do so I accept all risks and responsibilities associated with using and/or connecting non -
District resources or equipment to District Information Technology resources. In regard to such non -District
resources or equipment, I agree to the following:
In the event of a security breach, I authorize the District to take immediate action to reduce the District's
exposure.
I further authorize the District to perform inspections as deemed necessary to ensure the safety and security
of District data and/or Information Technology resources, and to ensure that any software or ether similar
intellectual property is duly licensed for use.
I understand the District will require virus -detection software in accordance with its own specifications, and I
agree to comply.
I indemnify and hold the District harmless from theft or damage incurred while on District properties or
premises.
Information or work products or related derivative works developed by me specifically for the District, whether or
not reduced to writing by me, constitute works made for hire to the extent permissible by law and will become
the sole property of the District, including all intellectual property rights thereto. I acknowledge that the District
claims sole ownership and rights to all such materials.
I am aware that the District's Policies and Procedures Code and any other District practices are subject to change.
or modification by the District, solely at Its discretion, as deemed appropriate and necessary. I understand that
no supervisor or other official of the District has the authority to enter into any agreement with Contractors, or to
make any agreement contrary to the foregoing.
I acknowledge that I have read and understand the above, and I agree to accept the terms and conditions as a
stipulation of my services or contractual obligations to the District. This Acknowledgement shall be considered
an integral part of Contract/Work Order/Purchase Order # 4600004968
Any violation of this Acknowledgement shall be considered a breach of the foregoing Contract/Work
Order/Purchase Order as well as a violation of District policies. I am aware that if I violate these mandates,
penalties may include disciplinary action up to and including Immediate termination of my services and/or
Contract(Work Order/Purchase Orderwith the District, and the District may pursue whatever other legal remedies
are available to it pursuant to the terms of the Contract/Work Order/Purchase Order.
Aquatic Vegetaton Control, Inc.
Firm Name (Prime contractor) -
Salvador Medina
Representative's Name (Pant)
5/30/2024
Repro entative's (signature) Date
Form 1148 (06/2009) Original. - Contract File Copy - Contractor Page 2 of 2
Contract No. 4600004968, Attachment 1 to Exhibit A, Page 2 of 2
Docusign Envelope ID: 3AAE3BBB-Dt58-4BFE-8CEF-84CD29F6F6CF
ATTACHMENT 1 TO EXHIBIT "A"
Contractor Policy Code Acknowledgement
Name (Print) Aquatic Vegetation Control, Inc.
Contract/Work Order/Purchase Order # 4600004968
Contractors, Vendors and Consultants (hereafter referred to collectively as "Contractor(s)") engaged to do
business with the South Florida Water Management District (the "District") using District equipment and/or
working on District premises, property or facilities must comply with the rules and regulations of the District's
Policy & Procedure Code.
As the Contractor's representative, without limitation thereto, I, Salvador Medina
(Contractor) acknowledge that I have received and reviewed the following:
Whistle -Blowers Policy, Chapter 101, Article V. Section. 101-101 through 101-113.
Equal Employment Opportunity and Harassment Policy, Chapter 120, Article I. Section 120-3.
Standards of Conduct Policy, Chapter 120, Article III. Section 120-62.
Corrective Action Policy, Chapter 120, Article III. Section 120-63.
Drug -Free Workplace Policy, Chapter 120, Article III. Section 120-73.
Chapter 130, Information Technology: Acceptable Use of Information Technology and Telecommunications
Policy; Electronic Mail Policy; and, Intellectual Property and Works -Made -For -Hire Policy
Information Technology Security Procedures, Chapter 230, Article Il. Section 230-21 through 230-27.
In the course of conducting business with the District, I understand that Contractors must be aware of and comply
with the State of Florida Public Records Law (Chapter 119, Florida Statutes), the Government -in -the -Sunshine
Law (Chapter 286.011, Florida Statutes) and the Code of Ethlcs (Chapter 112, Florida Statutes).
I am aware that Contractors are prohibited from soliciting or lobbying for additional work while engaged to do
business with the District. I acknowledge that this behavior interferes with the efficient performance of my
responsibilities under the terms of my contractual obligations with the District, and that it may provide me or my
company with a competitive advantage. Both my employer and I understand that lobbying for additional work
while under contract with the District may eliminate me and/or my company from award of future solicitations.
I recognize and understand that District Information Technology resources, including, but not limited to
computers, telephones, radios, mobile phones and other communication systems and devices, are the property
of the District, and should be used for the purposes of conducting bona fide District business only.
I recognize and understand that no remote access technology or device is to be attached to District Information
Technology resources orthe information technology systems infrastructure to effect access without the express
authorization of the Information Technology Department Director or Information Technology Senior Advisor or
their duly authorized delegates. Non -District equipment or other resources used by me to connect to District
Information Technology resources, systems or services will be subject to the same laws, rules and regulations
as District -owned Information Technology resources.
s�� - oar
Form 1148 (06/2009) Original - Contract File Copy - Contractor Pace 1 of 2
Contract No. 4600004968, Attachment t to Exhibit A, Page 1 of 2
Docusign Envelope ID: 3AAE3BBB-D158-4BFE-8CEF-84CD29F6F6CF
ATTACHMENT 2 TO EXHIBIT "A"
'S
WORK INVOLVING DISTRICT FACILITIES OR EQUIPMENT
The undersigned individual or legal entity representative (hereafter referred to as
Contractor/Consultant/Vendor) certifies that it shall comply with all obligations set forth below and all
other Terms and Conditions of contract/purchase order number 4600004968.
POLICY CODE ACKNOWLEDGEMENT — Pursuant to the Terms and Conditions of the
contract/purchase order, Contractor's employees or hired workers working on -site at District facilities,
using District equipment, or working on District plans and specifications or software, have submitted a
signed "Consultant Policy Code Acknowledgement" form for each individual performing such work.
BACKGROUND CHECKS - Pursuant to the Terms and Conditions of the contract/purchase order,
Contractor affirms that a thorough background check, pursuant to section 373.6055, Florida Statutes
has been conducted for all its employees and hired workers who will be working at any District site.
The background check consisted of education verification, a national criminal check for state and
federal felonies and misdemeanors, and a check on immigration status. The results of the background
check did not result in any reason to disqualify Contractor's employee or hired worker from working at
a District site. Contractor acknowledges that it has an ongoing obligation to perform updated
background checks on all employees, including new hires and existing employees and hired workers
performing their respective duties on District facilities, and advise the District of any material changes.
DISTRICT CRITICAL STRUCTURES — Pursuant to the Terms and Conditions of the contract/purchase
order, if the project or work under this Contract requires that the Contractor or its agents have
unrestricted access to any District critical structures, Contractor affirms that a fingerprint -based criminal
history check, pursuant to section 373.6055, Florida Statutes on all employees who will have access to
any District critical structure has been completed. None of the employees or hired workers have been
convicted of criminal violations as set forth in section 373.6055, Florida Statutes that will prohibit
unrestricted access to District critical structures.
Signed and attested to this 30th day of May 2024
Contractor/Consultant/Vendor Signature
Salvador Medina
Print Name
Vice President
Title
Form 0005 (06/2018)
Contract No. 4600004968, Attachment 2 to Exhibit A, Page 1 of 1
Docusign Envelope ID: 3AAE3BBB-D158.4BFE-BCEF-84CD29F6F6CF
EMIT "B"
STATEMENT OF WORK
I. Introduction/Background
The South Florida Water Management District (District) has managed vegetation for over 45 years. The
District is responsible for managing invasive and nuisance vegetation both aquatic and terrestrial —in all
or parts of 16 counties in central and southern Florida, an area of approximately 16,100 square miles (see
map, Attachment 1). Invasive species are species that are nonnative to a specified geographic area, were
introduced by humane (intentionally or unintentionally), and do or can cause environmental or economic
harps or harm to humans. Nuisance vegetation includes plants that cause management issues, property
damage or present a threat to public safety. The District manages invasive and nuisance vegetation across
approximately 2,175 miles of canals, 2,130 miles of levees/flood control berms, over 864,000 acres of
Everglades Water Conservation Areas, 237,200 acres of conservation lands, 196,600 acres of restoration
project lands and over 98,000 acres of Stormwater Treatment Areas (STAB), reservoirs and flow
equalization basins. In cooperation with partner agencies, the District occasionally manage invasive and
nuisance vegetation on approximately 500,000 acres of public lakes.
Contractors are utilized for the management of vegetation through Ground Application Services
agreements. A variety of methods are used by both District staff and Contractors to control vegetation.
These methods are typically utilized using an integrated approach to improve control results while
minimizing non -target impacts. Methods used by the District include cultural, biological, mechanical, and
chemical control. The judicious and careful use of herbicides is just one tool used by the District to control
invasive and nuisance vegetation within its integrated pest management strategy. Under some
circumstances, desirable vegetation is planted following the treatment of invasive and nuisance species and
other methods may compliment the use of herbicide.
Work Orders (WO) vary in scope, size and time&ame. Crew size and duration may vary between projects.
Some tasks may need to be completed during a short period of time while others require year-round services.
The majority of WOs are structured as Time and Material Agreement (TMA) WOs, though in some cases
the District may utilize Fixed Price Agreement (FPA) WOs.
The District's Vegetation Management Section (VMS) serves as the Project Manager for issued ground
services contracts, which are utilized by numerous business areas across the District. Each WO will have
a Site Manager who determines the goals and objectives for a specific WO. The VMS Project Manager
will facilitate the interaction between Site Managers and Contractors and between Site Managers and
District Procurement personnel. The VMS Project Manager is also responsible for processing the associated
documentation for each WO. The Site Manager is the primary contact once work has commenced. A Site
Manager may be from a variety of District business areas, including but not limited to Field Stations, Land
Stewardship Section, or VMS.
Contractor compliance with all laws (State and Federal) and permits is required. Failure to comply may
result in immediate termination. Importantly, the District must comply with the National Pollutant
Discharge Elimination System (NPDES). As such, the VMS approves all plans for herbicide application
prior to commencement of work and rigorously tracks all herbicide usage by location and targeted plant
species. The Contractor will only conduct treatments approved by the District.
The District works cooperatively with other government agencies on vegetation management activities.
Our primary partner is the Florida Fish and Wildlife Conservation Commission's (FWC) Invasive Plant
Management Section, to conduct work in natural areas. The District may collaborate with the US Army
Contract No. 4600004968, Exhibit B, Page 1 of 14
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Corps of Engineers (ACOE) or FWC's Aquatic Plant Management Program on several lakes including
within the Kissimmee Chain of Lakes and Lake Okeechobee. Additionally, we coordinate vegetation
management activities with U.S. Fish and Wildlife Service (FWS) in Water Conservation Area I (WCA1)
and with Miami -Dade County. The District may also collaborate with additional partners on a variety of
projects to meet vegetation management goals.
H. Objectives
The District's primary vegetation management objective is the control of invasive and nuisance vegetation
within its land and water resources and those of our partners to meet our water management and natural
resource protection goals. Each project site may have different mandates or objectives. While it is
preferable that all invasive and nuisance vegetation be managed on a site, unique priorities and resources
ultimately determine the species to be treated for each WO. This contract will primarily utilize ground
herbicide application services to achieve these goals.
III. Scope of Work
Official invasive plant lists are typically used to determine priorities, including but not limited to
• Federal Noxious Weed List
www.aohis.usda.aov/nlant health/olant nest info/weeds/downloads/weedlist.ndf
• The Florida Invasive Species Council List of Invasive Species
httos://floridainvasivesDecies.ore/nlantlist20l 9.cfin
• Florida Noxious Weed List www.flrules.ore/gateway/ruleno.asu?id=5B-57.007&Section=0
• Invasive Plant Atlas of the United States htros://www.invasiveulantatlas.ore/.
• Florida Plant Atlas httn://florida.nlantatlas.usfedu
To limit the establishment or spread of a new species that has the potential to become a widespread invader,
the District may also target species that it has designated as Early Detection, Rapid Response (EDRR)
priorities. Typically, these species are also identified by the University of Florida's Assessment of Non-
native Plant Tool as having a high invasive probability(httn:fasse,.ssment.ifas.ufl.edu/). The Florida Plant
Atlas htto:/Moridamlantatlas.usf edu is used as general guide as to the natively of a species.
The District has eight Field Stations that implement day-to-day field operations to manage restoration
progress, flood control and water supply infrastructure. Flood Control infrastructure is of critical concern
and a top priority for the District. Levees must be maintained in accordance with ACOE standards
httn://www.usace.armv.miVMissions/Civil W orks/LeveeSafetvPromm,ast)x.
To comply with mandates, levees must be free of woody vegetation and priority invasive species while
other vegetation must be maintained with ample coverage, but low height, to facilitate infrastructure
inspections. The Field Stations must also maintain water conveyance capacity in District canals, so control
of invasive and nuisance vegetation —both submersed and/or floating aquatic plants —is critical to the
District's mission.
The District operates and maintains many STAB, which use wetland nutrient cycling processes to improve
surface water quality. Each STA is subdivided with internal levees into surface water flow -ways, and each
flow -way is further divided into "cells". Each cell has unique vegetation management needs, which are
tied to specific nutrient removal goals. Some cells are managed for emergent species dominance (e.g.
cattail), while in others Submerged Aquatic Vegetation (SAV) with limited emergent vegetation is
encouraged. Occasionally, there is a need to convert vegetation from one type to another using standard
Contract No. 4600004968, Exhibit B, Page 2 of l4
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vegetation management tools. Additionally, desirable vegetation (emergent or SAV) may be harvested from
one area and replanted within another area. Vegetation management objectives in the STAB are frequently
adjusted, and a Contractor must be flexible to help meet these objectives. Disturbances from airboats and
other equipment can significantly reduce STA water quality performance, both short- and long-term.
Contractors operating within STA's will be provided detailed access protocols designed to limit vegetation
and soil disturbances.
The District manages different types of natural areas, including large tracts of Everglades habitat within the
Water Conservation Areas (WCAs), a variety of conservation land, mitigation areas, and "project land"
parcels purchased for future restoration projects. Many of these natural areas are remote and isolated
While many sites may have upland components, they typically contain wetland habitats. Some areas are
managed cooperatively with other organizations. The ultimate goal for these properties is to reach
"maintenance control" of the target species. Maintenance control involves the integration of control
techniques in a coordinated manner on a continuous basis to maintain invasive populations at the lowest
acceptable level. The District typically integrates herbicide control with other activities such as prescribed
fire and biological controls when working in natural areas.
A variety of invasive and nuisance species, including terrestrial and aquatic plants representing a variety of
growth forms (i.e., trees, vines, shrubs, (orbs and grasses), may be controlled by herbicide application.
Contractors shall treat a wide variety of invasive plants including those that are common (Brazilian pepper,
melaleuca, climbing ferns, and cogon grass) and those that are regionally specific or obscure (e.g.,
simpleleaf bushweed—Rueggea virosa). Additionally, natural area serving as mitigation sites or under
other permits will have regulated treatment mandates with specific species emphasized for control.
The District continues to evaluate and adopt new vegetation management technologies, equipment, and
methodologies to improve herbicide use efficiency and control outcomes. The Contractor should be
prepared to propose and/or adopt innovations for applying herbicides more efficiently, which results in less
herbicide used while still achieving acceptable results.
The District engages in a variety of other atypical vegetation management activities. Some of these
activities may requite detailed manual plant removal or higher precision herbicidal control occasionally
near sensitive infrastructure such as environmental monitoring sites or water control structures. Treatments
may also be needed on small sites such as the District headquarters pond The District manages
impoundments for water storage. These features are managed for invasive and nuisance vegetation to a
lesser degree. Planting and maintenance of planted areas may also be required at sites other than STAB. In
these oases, the contractor may be required to install purchased plant material and maintain control of
invasive plants to protect newly planted vegetation.
The District will solely determine whether a WO follows the TMA or FPA model. Generally, FPA model
will be used when there is little ambiguity and target species, control methods, herbicides and objectives
are well defined. FPA's may be utilized for natural areas or those with small geographic scope. Within a
single WO using the FPA method, the treated area may be divided into multiple phases and may have a
single or multiple deadlines for completion.
TMA's will typically be utilized for those WOs requiring flexibility with the Contractor and/or there is
uncertainty with the extent of the target plants) abundance or other factors affecting WOs scope. The
District typically uses TMA's including for floating plant infestations, which frequently move and rapidly
change in numbers. TMA's may also be utilized for herbicide trials that require more detailed data
collection, herbicide mixing, plot measurements or other tasks. TMA WOs require the Contractor to have
increased flexibility within the scope of a WO.
Contract No. 4600004968, Exhibit B, Page 3 of 14
Docusign Envelope ID: 3AAE3BBB-D1584BFE-8CEF-84CD29F6F6CF
Invasive and nuisance vegetation control strategies and controlled species may vary by project site type.
Below is a non -comprehensive overview of those areas:
Field Stations lood Control infrastructure. Treatment typically occurs using boats or trucks
with spray guns and/or booms using a foliar application method. Submerged treatments may also
require injection of herbicide into the water column which may require use of multiple weighted
hoses. Canals are treated to maintain the water column free of SAV that may disrupt water
conveyance. Common SAV species include, but are not limited to, hydrilla and hygrophila. Canals
are also treated to control floating plants including but not limited to, water lettuce, crested floating
heart, and water -hyacinth. Plants that extend from the bank into the water column are also treated;
examples include RoWa and torpedogtass. Levee and canal banks are treated to control woody
and broadleaf vegetation, to promote grass cover, and maintain vegetation at low heights to
facilitate levee inspections. When treating vegetation on banks and levees, it is critical that non -
target vegetation is not killed; large areas of bare ground promote potentially dangerous soil erosion
and causes the levee to be out of compliance with federal levee vegetation specifications.
Treatment of target vegetation may occur around structures, culverts and riprap.
• Storm Water Treatment Areas — Invasive and nuisance vegetation within the STAs are typically
treated from airboats using a foliar application method. Controlled vegetation species include, but
are not limited to, water lettuce, water -hyacinth, primrose willow, Carolina willow, cattail, and
hydrilla. Emergentspecies such as giant bulrush and cattail may also be planted in STAB or various
seeds may be collected for later plantings.
• Natural areas. Natural areas may involve several to thousands of acres. Herbicide application is
typically done by using backpacks or spray bottles or with spray equipment on vehicles or
watercraft. Small plants may also be required to be hand pulled. Natural area plant community
types include sawgrass marshes, open water sloughs, tropical hammocks, Everglades tree islands,
pine flatwoods, cypress swamps, mangrove forests, and others. Within these areas there may be a
wide variety of invasive plants species. Examples of the most common species include Brazilian
pepper, climbing ferns, cogou grass, West Indian marsh grass, downy rosemyrtle, shoebutton
ardisia and melaleuca, Natural area treatments are often integrated with other land management
activities such as prescribed fire, hydrological restoration, and mechanical and biological controls.
Application of herbicides is conducted using a variety of techniques. The equipment and methodologies
vary depending on site conditions, target plant species (factors such as the plant's size and growth habit),
target plant abundance, and other factors. Herbicide spray equipment typically includes a spray tank, hose,
and nozzle or boom and can utilize high volume spot or broadcast treatments. Watercraft used for aquatic
vegetation control or bank vegetation management may include injection systems instead of a spray tank.
Application equipment may also be mounted on a variety of vehicles or watercraft including flat-bottomed
boats, airboats, Argos, trucks, ATV's, or swamp buggies. The type of equipment needed will be determined
by the scope and site conditions of each WO. The type of required equipment may change during the course
of a WO if environmental conditions change.
Typically spray boat/truck applications will involve one applicator. However, two or more staff may be
required in special circumstances (e.g., long hose applications in difficult access areas). Other application
techniques typically in natural areas may include low volume backpack foliar broadcast or "spot"
treatments, cut stump treatments, frill or girdle (hack -and -squirt), basal, and "poodle cutting" vining plants,
Contract No. 4600004968, Exhibit B, Page 4 of 14
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which requires cutting prior to application of herbicide. Typically, applications are done with backpacks,
spray bottles, or with hoses associated with tanks on vehicles.
The Site Manager will determine crew size (number of applicators/laborers) to ensure the most efficient
use of resources. Optimal crew size varies with the number of different target species, plant abundance,
terrain, and other factors. For example, where plant density is low or species variety is diverse, Site
Manager may prescribe a small crew (roughly five laborers per licensed supervisor/crew leader) for the
WO. Alternatively, the Site Manager may request many laborers per licensed supervisor when there are
only a few target species and target plant density is high. Regardless of crew size, they shall work in a
systematic manner and treat all target plants within the WO area.
Some WOs will require installation of desirable plant material. Typically, planting activities involve
harvesting plants from donor sites, relocating plant material, and planting at revegetation sites, Typically,
crews manually harvest SAV (commonly naiad) with a rake or emergent plants (commonly cattail, alligator
flag and giant bulrush) with shovels. The contractor shall transport harvested plants to a specified
revegetation site and install plants at specific locations and densities in accordance with Site Manager's
specifications. Typically harvesting and planting is done in standing water. Other planting tasks may use
provided plant material in liners, pots, or bare root A licensed supervisor is not needed for harvesting and
planting oversight.
Occasionally, crews will collect seed. Crews may collect seed of desirable plants for future use. These
seeds are collected and provided to the site manager. On other occasions seeds are collected from invasive
species (e.g. Wright's nutrush—Merla lacustrls) to control the species. The Contractor must dispose of the
invasive seeds in a designated landfill.
Treatment intervals vary based on site needs and resources and will be determined by the Site Manager.
Treatment interval strategies may include the following:
• Fast growing aquatic plants are treated on a continual basis in canals, lakes and STAB. Maintaining
floating plants at low levels is more cost-effective than treating after large infestations develop.
• Some vegetation treatments are done on cycles, typically on quarterly or semi-annual intervals.
Cycle treatments are most used on banks and levees where undesirable woodyvegetation frequently
establishes. Some cycles may shift due to an especially wet or dry season, but there is typically a
set number of applications per year.
• Treatments in natural areas are typically carried out annually until invasive and nuisance species
are well controlled. Once maintenance control is achieved, re -treatment cycles typically switch to
multi year intervals. As treatment cycles are spread farther apart, it becomes more critical that the
entire area is covered in a systematic way during each treatment.
• In some cases, treatments will occur within a narrow time period and on short notice to be
successful. Typical reasons for this include site access constraints, rapid response to control
reproductive (seeding) plants, and priority infrastructure maintenancelprotection needs.
All herbicide applications shall be carried out in a manner consistent with Environmental Protection Agency
(EPA) and Special Local Need 24(c) (SLN) herbicide labels. Contractors shall ensure that staff have access
to on -site printed labels and Safety Data sheets (SDS) while transporting, mixing, or applying herbicides.
The Contractor shall comply with all pertinent regulations, including but not limited to the Organo-Auxin
Rule, act forth by Florida Department of Agriculture and Consumer Services (FDACS) and NPDES.
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IV. Work Breakdown Structure
A. The District shall provide the Contractor with information necessary to understand the
specifications for each WO. Information provided to the Contractor will include, but not limited
to:
1. WO area maps and/or electronic spatial data
2. AVATAR Schedule (Attachment 3) or FPA form (Attachment 4) that includes:
a. Required timeframe for work to occur,
b. Types of equipment permissible on the site;
c. List of species to be treated; and
d. List of acceptable herbicides and methods. (TMA only)
e. Other various project details
B. Although the District may provide guidelines for the WO, discussion between the District and the
Contractor is encouraged and any changes are at the discretion of the Site Manager. TMA WO's
may also have changes made during the project.
C. The Contractor is responsible for many aspects of the WO including planning, management of staff,
execution of work as planned, and all quality assurance, quality control activities, safety, data
collection, data entry and overall contract compliance.
1. Staffing
The Contractor shall provide skilled staff based on three staffing categories described in
Appendix A.. A Site Manager will determine the staff categories required for each WO:
2. Safety
Safety and permit compliance are very important in the District. The District must comply with
NPDES permit requirement which has very strict standards for the use and application of
herbicides.
a. The Contractor shall use herbicides in accordance with labels and comply with all other
applicable State and Federal Laws.
b. Contractor must be familiar with and abide by all NPDES requirements
httDsJ/t)lants.ifas. ufl.edu/manaee(m anamement-i)lans/nDdes-and-aouadc-Dlant-
management/ including: limiting discharge of effluent, monitoring pesticide applications,
taking corrective actions when necessary, and following the approved AVATAR schedules
provided.
c. During the course of work, the Contractor shall not create hazardous trees that could later
fall on structures, private property, utilities, fences, or into canals or rights of way
d. The Contractor shall not damage or interrupt a utility.
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e. The Contractor shall not damage any structure or private property.
f. The Contractor is responsible for all training and supplying staff with items needed to
maintain a safe worksite as required by State and Federal regulations. This includes, but
is not limited to, training for safe equipment operation, first aid and supplies, personal
protective equipment (PPE), and identification of dangerous plants and animals.
g. The District is not responsible for Contactor safety on or off the job. The Contractor shall
comply with all provided District safety standards.
It. The Contractor shall be responsible for all spills, including but not limited to herbicides
and petroleum products, and the reporting of those spills. The Contractor is liable for all
spill -related damages and site remediation regardless of which party supplied the spilled
material.
i. The Contractor shall report all adverse incidents, herbicide misuse, herbicide or petroleum
product spills, accidents, and injuries to the Site Manager and Project Manager
immediately.
j. The Contractor shall be equipped to work in remote and isolated areas under harsh
environmental conditions.
k. The Contractor shall be responsible for protecting the environment and the public from
herbicide and equipment misuse. Contractor must provide a protocol on actions they will
take to protect the environment and the public from herbicide and equipment misuse.
1. The District will immediately stop/pause operations if conditions or actions are believed to
be unsafe or inappropriate for the site conditions.
in. A written decontamination plan shall be submitted to the Project Manager annually. The
Contractor shall clean equipment of all biological material and debris prior to arrival at the
worksite and upon -exiting, Communication of decontamination procedures and activities
to the Site Manager is required prior to the initiation of projects. Site Managers may
identify locations on site where decontamination activities are appropriate. Basic
decontamination procedures include blowing, washing, scraping, and hand pulling
biological material from equipment. Equipment ranges from personal protective equipment
to large machinery. It is the minimum expectation that all tracks, tires, trailers, truck beds
and radiators will be free of biological material in addition to any other areas prone to
collections of such items, including small seeds. In addition to equipment, attire including
shoes and boots should be free of seeds that -may become lodged.
Contract No. 4600004968, Exhibit B, Page 7 of 14
Docusign Envelope ID: 3AAE3BBB-D1584BFE-8CEF-84CD29F6F6CF
Equipment
a. Equipment utilized on each project is at the discretion of the Site Manager.
b. Each contractor may provide a type of premium equipment which is beyond the scope
listed within the minimum requirements. This may include items that are rarely used or
more costly to acquire or operate (e.g., Sherp water truck). This type of equipment is not
required and will not be frequently utilized.
c. Equipment/vehicles/trailers shall not be left onsite unless arranged in advance with the Site
Manager. The District is not responsible for equipment or herbicides stored on District
property. In the event of anticipated severe weather all equipment must be removed from
District property.
d. The District will provide tracking equipment to include a flow sensor/trigger switch and
GPS Logger/transmitter unit for all high -volume application equipment that the contractor
shall install, maintain and operate.
e. Vehicles with a spray system may include, but are not limited to, spray boats, buggies, and
trucks. Spray activities may include direct injection or tank systems.
4. Access
a. Many WO's will require the Contractor to access the site from District Rights of Way or
gates. (See Exhibit A, Article 2.4 Access Keys, of the Contract)
b. The Contactor shall not impede access routes that would restrict vehicular access by the
public, utilities or agency personnel without prior approval.
c. Access routes may be provided by the District. EquipmentlVehicles will be utilized solely
on the route(s) provided when one is provided to limit site disturbance.
5. Herbicides and Adjuvants
a. The District may provide the Contractor with sometall of the necessary herbicides and
adjuvants.
i. Field Station's will typically provide herbicides and adjuvants for their projects. When
the District provides these products, all unused herbicides and adjuvants provided to
the Contractor must be returned upon WO completion.
ii. When herbicide is not provided by the District, the Contractor must be able to provide
sufficient herbicides and adjuvants necessary to complete all WO obligations within
project timeframes. Herbicides and adjuvants shall be supplied to the District without
additional price mark ups. Herbicides shall be purchased at the most competitive cost
possible.
Contract No. 4600004968, Exhibit B, Page 8 of 14
Docusign Envelope ID: 3AAE3BBB-D158-4BFE-8CEF-84CD29F6F6CF
b. All herbicides and adjuvants must be approved by the District's Vegetation Management
Section prior to use. Some adjuvant ingredients are restricted within the STAB.
c. Herbicides must be locked safely and securely stored by the contractor for the duration of
the WO, no matter the supplier, whenever Contractor staff is not present.
d. The Contractor is responsible for all aspects of herbicide use and storage. Herbicides must
only be used and handled in compliance with the label(s).
e. Contractors shall monitor and record wind speed and direction. The Contractor shall
follow the most restrictive wind law or policy when there are conflicting thresholds
between laws/policies. Contractors shall follow all laws regarding herbicide wind
restrictions including but not limited to the Florida Organo-Auxin Herbicide Rule 5 E-
2.033 httns://www.tlrules.ore/eatewav/ruleno.asD?id=5E-2.033. Herbicide application
shall not occur when wind speeds are greater than 10.0 miles per hour (mph) without
District approval. The Contractor shall take all precautions to mitigate herbicide drift. The
Contractor shall be aware of conditions that promote herbicide volatility and cease
application if volatility is or becomes a concern.
f. The Contractor shall monitor dissolved oxygen (DO) when required by label. The
contractor shall follow all label instructions related to DO. The Contractor shall not apply
herbicides if DO is below three parts per million (3 PPM), unless preapproved by District
staff and allowed by the herbicide label.
g. The Contractor shall post the use of herbicide when required by label or at the request of
the District.
h. The Contractor shall submit a copy of their spill plan and application equipment
maintenance plan annually.
i. The District shall request FDACS Bureau of Licensing and Enforcement to investigate
potential herbicide misuse.
6. Coordination
a. The Contractor shall not begin work without an executed WO (Exhibit 1), AVATAR
schedule and Daily Activity Log. Some WO's require a site meeting before herbicide
application begins. The Contractor shall not begin herbicide applications prior to a pre -
application site meeting if the meeting requirement is indicated on the Schedule.
b. For each WO, the Contractor shall designate a Licensed Supervisor to serve as the primary
point of contact for the duration of a WO.
c. The designated Licensed Supervisor shall communicate regularly with the Site Manager
additionally if needed/requested. This may include daily arrival and departure check ins.
Contract No. 4600004968, Exhibit B, Page 9 of 14
Docusign Envelope ID: 3AAE3BBB-D1584BFE-8CEF-84CD29F6F6CF
d. The Site Manager must approve the Contractor's work schedule prior to beginning work.
The Contractor will provide the Site Manager with the anticipated break schedule for TMA.
Contractors typically have 10 hours of effective work time daily.
e. The Contractor is responsible for understanding WO objectives and the Site Manager's
instructions. The Contractor shall request clarification or additional information when the
intent of the WO or specific instructions are unclear or when the Contractor has any other
issues or concerns related to the project.
f. The Contractor shall plan and implement treatments using a systematic, efficient approach.
Vegetation management activities shall be executed in a methodical, ordered manner, so
that efficient, complete, and safe outcomes are achieved with minimal disturbance to
natural resources.
g. Contractors will occasionally observe noteworthy conditions, activities, plants and
animals, or other things in the field. Noteworthy observations include but are not limited
to the presence of biological controls, nesting birds, rare species, additional non-native
plants, non-native wildlife, hazardous site conditions, and evidence of illegal activities.
The Contractor shall report all noteworthy observations to the Site Manager in a timely
manner.
h. Contractors will occasionally interact with members of the public and note these
interactions on their DAL int eh comments section. If a member has specific or detailed
questions, they should be directed to the Site Manger. The Contractor shall contact the Site
Manger immediately if a member of the public has detailed concerns or there is a conflict
between public option and tasks assigned.
7. Quality Control and Assurance
a, The Contractor is responsible for all quality assurance and quality control. The Contractor
shall take the necessary steps to develop guidelines needed to assure service quality and to
continuously monitor work to verify quality standards are met. It is the fall responsibility
of the Contractor to maintain quality control and assurance for the duration of the WO.
Although District staff may provide quality assurance feedback that is gathered by a variety
of means including site visits, aerial observation (drone or helicopter) and cameras this
does not remove the responsibility of the contractor.
i. The contractor shall spot check the work of staff. This includes, but is not limited to,
verification of techniques, plant identification, calibration, estimating plant abundance/
density, and safety.
b. The Contractor is responsible for technical aptitude of its personnel, staff coordination, and
adherence to cost and time schedules.
The Contractor is responsible for timely training of staff on application techniques,
herbicides, plant identification and data collection,
Contract No. 4600004968, Exhibit B, Page 10 of 14
Docusign Envelope ID: 3AAE3BBB-D158-4BFE-8CEF-84CD29F6F6CF
8. Protected Natural Areas and Species
a. The Contractor is responsible for protecting non -target species including those species with
a similar appearance to the targeted species. The Contractor shall be responsible for
replacement of non -target species damaged by work activities including but not limited to
those damaged due to herbicides, unapproved vehicle use. Non -target plants include, but
are not limited to, desirable natural area and aquatic plants, crops, landscaping, and turf.
b. The Contractor shall be familiar with endangered species (plant and animal) identification
and associated setbacks. If a Contractor observes endangered species, it shall be
immediately reported to the Site Manager. Contractors shall be familiar with rules, laws
and guidelines that restrict activities around endangered wildlife.
c. The District has designated areas that are not to be disturbed by herbicides or other
disruptive activities. These "no -treatment zones" occur in a variety of areas for multiple
projects and include biological control and research projects. The Site Manager will
provide the locations of any no -spray zones occurring within the site. The Contractor shall
not treat any vegetation within a designated no -treatment zone without approval of the Site
Manager.
d. The Contractor will not use equipment that is damaging to the environment, including but
not limited to soil disturbance. Site hydrology can quickly change altering the impact of
vehicle use. The contractor shall report these changes immediately.
9. Data Collection
a. The Contractor shall record work activities for each day on the Daily Activity Log (DAL)
sheet (Attachment 2) or on a tablet computer. Required information includes, but is not
limited to, plant species treated/planted and herbicide(s) used. This information is used for
a variety of reports, including the District's NPDES report. All DALs shall be completed
and signed or submitted in AVATAR by the Licensed Supervisor. DALs shall be provided
weekly to Field Stations for Field Station WO's. Otherwise, DALs shall be provided to
the District with invoice packets unless electronic signature is available to the applicator.
The District may request DALs prior to invoice submission. Treatment coordinates shall
be collected and reported on DALs using the Universal Transverse Mercator (UTM)
coordinate system (i.e. Zone, Northing, Easting) using NAD83 datum.
b. DAL data must be entered into the District's vegetation management database, Agency
Action Tracking and Reporting (AVATAR). The Contractor shall enter Daily Activity
Log data into AVATAR on a weekly basis or sooner, not more than 10 days following
application, for all TMA WOs, with the exception of Field Station WOs. Field Station staff
is responsible for AVATAR entries for their WO. AVATAR is accessible through Chrome
at httos://aons.sfwmd.nov/mweb82/PRAuth/AvatarMobile .
AVATAR, is currently under expanded development. The system may have additional
capabilities during the contract period. Once these enhancements are operational the
vendor will be expected to utilize them. One possible enhancement may require the
Contractor to enter treatment data from the field using a smart device (phone/tablet).
Contract No. 4600004968, Exhibit B, Page 1 I of 14
Docusign Envelope ID: 3AAE3BBB-Dt58-4BFE-8CEF-84CD29F6F6CF
This device shall be provided by the District with associated deposit. In addition to
AVATAR entry, a signed paper Daily Activity Log is required if a restricted use
herbicide is utilized and shall be provided with the invoice.
ii. GPS units are required for each staff member (licensed supervisors, crew
leaders/applicators, and laborers) depending on WO objectives. At the request of the
District, the Contractor shall utilize handheld GPS units to collect tracks of traversed
areas and point data for particular species including EDRR species. The Contractor
shall provide the Site Manager GPS data in electronic format requested by the site
manager which may be a variety of file types including but not limited .gpx or shape
files. The Contractor shall keep this data available to the District for two (2) years
following project completion.
iii. The District frequently provides georeferenced pdf maps. This maybe used in addition
to a GPS to view maps and collect data.
c. The District will provide tracking equipment to include a flow sensor/trigger switch and
GPS Logger/transmitter unit for all high -volume application equipment that the contractor
shall install, maintain and operate.
V. Work Order Administration
WOs shall be issued by the District on an as -needed basis. Throughout the term of each WO, the
District's staff may perform periodic inspections, which will be documented and shared with the
Contractor. The District will maintain a history of project performance for each Contractor, which
will become an important factor in the consideration of future WO awards. On a scale of 0 — 5, a
running Average Score ?: 3.0 is required to maintain active contract status.
The District shall provide the Contractor with information necessary to understand the
specifications for each WO issued on an as needed basis. Information provided to the Contractor
will include, but is not limited to, area maps and electronic spatial data files and work schedule
that includes:
• desired timeframe for work to occur
• number and types of equipment required to complete the work
• list of species to be treated (although other species should be reported)
• list of acceptable herbicides and methods.
VI. Summary Schedule of Tasks and Deliverables
A. 100% of target plants must be treated within 100% of the defined WO area.
B. A minimum of 95% of treated plants must be dead at least six months following treatment, or as
specified by the herbicide manufacturer. A dead plant does not resprout from a portion of the plant
including the root/rhizome system. All parts of the plant must be dead, not simply defoliated.
Contract No. 4600004968, Exhibit B, Page 12 of 14
Docusign Envelope ID: 3AAE3BBB-Dt58-4BFE-8CEF-84CD29F6F6CF
C. All noncompliance must be resolved within three months of notification. Inspections and non-
compliance notifications may occur during or after treatment.
D. Work activities shall be recorded accurately and completely onto Daily Activity Log each day and
entered into AVATAR using a computer or tablet (if AVATAR application enhancement occurs)
as outlined in Data Collection above.
E. Invoices (see general terms and conditions 4.2).
1. The District Accounts Payable Section will receive invoice packets via email with a copy to
VegManagement@sfwmd.gov. Vegetation Management Section will provide a OneDrive
location for invoices. Each invoice packet must include the following:
a. Invoice containing the billing month, phase (FPA), billing date, tracking number, purchase
order (PO) number, details of expenses, amount remaining on PO (i£ app.), final invoice
indication if PO complete, "FWC" indication if it is FWC-funded WO.
b. AVATAR summary report
c. Completed and signed Daily Activity Logs only to Vegetation Management
t VeeManaaementna.sfwmd.¢ov).
d. Small Business Enterprise (SBE) form (if applicable)
e. Herbicide/adjuvant receipts for those items provided by the Contractor. The volume of
herbicide used on the associated invoice shall be noted on the receipt.
F. Tracks and waypoints from GPS units may be requested. These tracks may be provided to District
staff via electronic means. (See additional specifications under Data Collection above.)
G. Vehicle GPS/location and spray activity data. Collected at time of work.
H. Payment Schedule
1. The Contractor shall submit invoices pursuant to the schedule outlined below:
a. Time and Material Agreements. The Contractor shall submit one (1) invoice per calendar
month during the WO period for all TMA or FWC aquatic program funded WO's.
i. Invoices for WO's funded by FWC's aquatic program must be received no later than
the 51 of each month for the prior month's services.
ii. Other invoice deadlines may be provided for specific WO's especially at close of
finance periods.
Contract No. 4600004968, Exhibit B, Page 13 of 14
Docusign Envelope ID: 3AAE3BBB-Dt58-4BFE-8CEF-84CD29F6F6CF
b. Fixed Price Agreements.
For WO's comprising a single phase, the Contractor shall submit one (1) invoice upon
completion of the Work. For WO's partitioned into multiple work phases (or areas),
the Contractor may invoice upon completion of each phase as delineated by WO
description.
2. Pricing Structure
a. Fixed Price Agreements. Fixed Pricing is a flat rate for the entire WO including all
equipment, supplies, tools, herbicides, staffing, administrate costs. No additional
expenses above the quoted price(s) will be paid for Fixed Price Agreements. When offered
by the Site Manager, a site visit is required, prior to price submission.
b. Time and Material Agreements. Under this pricing structure, the contractor may charge
for herbicides/adjuvants and hourly contracted staff rates.
i. The Contractor shall charge for used herbicides and adjuvants at cost.
I Hourly staff rates shall include costs for. average pay rate, benefit costs, lodging & like
expenses, insurance, database entry, AVATAR management, fuel, equipment
(transport trucks, airboats, ATV, spray and communication equipment, OPS,
Communication equipment, back packs, machetes, mixing and application equipment,
spray bottles, 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.
iii. There may be a two (2) hour charge for lost time due to inclement weather which
causes cancellation of a planned workday in the event the Contractor's crew travels to
the work site prior to the cancelation. On days when the Contractor has initiated work
and performs for more than two (2) hours, the Contractor shall charge the District only
for actual hours worked No overtime is allowed Billing for labor shall begin upon
commencement of work (arrival at boat ramp or District gate). Travel time to the initial
site shall not be billed.
Contract No. 4600004968, Exhibit B, Page 14 of 14
Docusign Envelope ID: 3AAE3BBB-D158-4BFE-8CEF-84CD29F6F6CF
APPENDIX A
General Description of Staffing Categories
Professional expertise of Respondent's staff is expected to vary depending on the specific work order requirements, the
evaluation of the Request for Proposals (RFP) responses will depend upon the Respondent submitting a proposal with
individuals that have expertise to staff a project in any Work Order: The firm shall provide qualified personnel as per
description below. Should staffing change throughout the contract term, the firm shall be responsible for submitting
documentation to affirm the individual meets the minimum requirements as described below, prior to assigning that
person to a SFWMD work order. The SFWMD Project Manager must approve the Contract Staffprior to their conducting
activities for the work order.
Although the SFWMD may provide orientation on specific procedures to be used for this contract, the firm is responsible
for training their staff such that there is a sufficient transfer of knowledge to meet the requirements of the contract.
a. Licensed Supervisor. Licensed Supervisors shall have a valid pesticide applicator license issued by
FDACS in the appropriate category (e.g., aquatics, natural areas). Licensed Supervisor; shall be
knowledgeable in the use of herbicides used by the District and the conditions that impact each
herbicide's efficacy and planting techniques as needed. Each Licensed Supervisor shall be capable of
field identification of nuisance and invasive plant species for assigned sites. Each Licensed Supervisor
shall be capable of supervising and communicating with crew members (Crew Leader/Applicators and
laborers) in the application of herbicides and identification of species targeted for control. Licensed
Supervisors shall conduct/direct a systematic treatment within the Work Order area Licensed
Supervisors shall have competent knowledge of equipment use and herbicide application techniques.
Licensed Supervisors are responsible for plant identification, calibration, herbicides mixing, and
collection of data. All Licensed Supervisors shall be capable of safely operating all equipment and
vehicles appropriate used on a Work Order. Each contractor must employ at least three Licensed
Supervisors for the duration of the contract. The Contractor must have three licensed supervisors with
at least eight cumulative year: of Licensed Supervisor experience.
b. Crew Leader/Applicator. Crew leader/Applicators have a similar skill set as a Licensed Supervisor.
Applicators are not required to hold a current DACS license. Crew Leader/Applicator shall be
knowledgeable in the use of herbicides used by the District and the conditions that impact each
herbicide's efficacy. Each Crew Leader/Applicator shall be capable of field identification of nuisance
and invasive plant species for assigned sites or planting techniques as needed. Each Crew
Leader/Applicatdr shall be capable of supervising and communicating with laborers in the application of
herbicides and plant identification. Crew Leader/Applicators shall have knowledge of equipment use
and herbicide application techniques. All Crew Leader/Applicators shall be capable of safely operating
all equipment and vehicles required for use on a Work Order. This person must work under the direction
of a licensed supervisor who is working on the same project/site. While in the Crew Leader role they
may help Licensed Supervisors to transport equipment and Laborers on assigned equipment and direct
Laborers. While in the Applicator role they will operate a vehicle with spray equipment independently,
This position is permissible on a Work Order at the discretion of the Site Manager. A contractor is not
required to maintain staff in this position.
Laborer. Laborers provide general labor services under the supervision of a licensed supervisor.
Laborers are not required to hold a current DACS license. Laborers are provided ongoing instruction
and supervision by the Licensed Supervisor and/or Crew Leader/Applicator. Laborers frequently cut and
treat vegetation but are not necessarily experienced in extensive plant identification or herbicide use.
Contract No. 4600004968, Appendix A, Page 1 of I
Docusign Envelope ID: 3AAE3BBB-D158-4BFE-8CEF-84CD29F6F6CF
ATTACHMENT
F..Or Vp I.tlon awry M W."
' ' ' hlmlld Ihupl.t Mew ..
Contract No. 4600004968, Attachment I to Exhibit B, Page 1 of 1
ATTACHMENT 2
AVATAR DAILY ACTIVITY LOG Date: Page _ of
SFWMD Schedule ID : SCH DAL ID: Water Body Name
WO# FUNDING SOURCE AREA FUNDED FROG LOCATION CONTRACTOR TRACKJNG NO
START TIME: END TIME
EFFECTIVE TRAVEL OTHER DUTIES LOST TIME LOST TIME SURVEY REMOVING PLANNING TOTAL TIME
TIME TIME IMISC MECHANICAL WEATHER INSPECTION OBSTRUCTIONS 1PREPARATION
RESOURCES
SUBTOTAL
WIND MEASUREMENTS
TIME VEL DIR
STATUS:
Ongoing
Completed
Date Entered
CONTRACTOR PERSONNEL COMMENTS (Weather/ etc.)
NAME I HOURS
Equipment & Equipment
(PUMP
INOZZLE
(PRESSURE
Agency Representative
Contract No. 4600004968. Attachment 2 to Exhibit B. Page I of 2
Equipment & Equipment
Callbmtion
Concentration
Mlles of Bank
Contract Representative
Page of
AVATAR DAILY ACTIVITY LOG
Date_
_
S) WMD Schedule ID _ SCH-
DAL ID:
Water Body Name
WO # : Supervisor
Location
Datum,
Zone
Lora Plant Species % time Easting Northing Covered
Coverage Number of
Treatment Product or Rate Unit
Agency Unit :ontr Unit
Acreage
Categor Plants
Method Water Acre
Total total
MIXING. SPRAYING, RINSEATE
APPLIED ON SITE
Contract No. 4600004968, Attachment 2 to Exhibit B, Page 2 of 2
Docusign Envelope ID: 3AAE3BBB-Dl58-4BFE-BCEF-84CD29F6F6CF
ATTACHMENT 3
Schedule Details
Schedule ID:
SCH-236
Schedule Name:
KRiver Lygo
Work Plan ID:
WP-167
Schedule Start
1111512020
Date:
Schedule Status:
Released
Schedule End
5/14/2021
Date:
ScheduleType:
Time and Material
Schedule On
No
Hold:
Person
Res onsible:
Alien, Ellen
Primary Contact:
edonlan@sfwmd.gov
P
Schedute Last 12/112021
Update:
Schedule Details: Ground treatment of lygoldum on the Kiss River South of 98
Contact Details
Company Name:
CompanylD: BUSINESS4000
Contractor Admin:
Tracking No: WO03xx24
Not to Exceed $150.000.00
Amount:
Posting Required Details
Posting Required: No
Aerial Details
Post -Treatment Data Required: No
Pre-Trealment Geographical Data Needed: No
Project Manager Pre Flight Required: No
Company Type: Contractor
Agreement) D: 4600000fkl
Schedule Site No
Visit:
Functional Location And Advisory Alerts
Fund Fund 'Area Alert Alert
i
Active Location Description Work BLI
Order No Program Source :Code . Type Comments
y
true AILS-820•KR KISSIMMEERIVER 5500DO
GIs Location Information
Print Date: January 4, 2024
Contract No. 4600004968, Attachment 3 to Exhibit B, Page I of 2
Page 1 of 2
Docusign Envelope ID: 3AAE3BBB-D158-4BFE-SCEF-84CD29F6F6CF
County
i
OKEECHOBEE
(HIGHLANDS
Location Key Information
Lac illnn Ark :�bhrc, la lion
Vegetation Details
Acres
6,641.73
2,156.46
6r) Nuns Rr) Canunen is
Vc-grlullon
Vegetation
Control
I Acthe
Methods
I
Products
Name
Comments
Acres
Ingredients
OLIAR I 1Netsuifumn
Id World
ERIAL
methyl
b6 FOtrt
ISoa
OODLE CIJT
lyphosatr
.OLIAR
;BACKPACK riclopyr
Variance Details
Vegetation Variance Permitted: No Herbicide Variance Permitted: No
Print Dale: January 4, 2024 Page 2 of 2
Contract No. 4600004968, Attachment 3 to Exhibit B, Page 2 of 2
Docusign Envelope 10: 3AAE3BBB-D158-4BFE-8CEF-84CD29F6F6CF
ATTACHMENT
South Florida Water Management District
Fixed Price Agreement 0
Guidance Document - Exhibit B-1 s� .,, _ v
1MgmtAreas) County(ies) 10VICLAwunt Ivb
SFWMD Key(s) ISelect Frey(s) :-JTotal Project Acres
Start Date I End Date
Contact I E-mail I Phone
Section Liaison I GPS Track Submissions
c
Herbicide Considerations / Exclusions I Equipment Considerations / Exclusions
Special Considerations -No treatments, T&E so., q% Additional Information
Plant Species To Be Controlled I Recommended Herbicides I Recommended Methods
SelectPlant
w
betect Method
Select Plant
Select Herbicide
J
Select Method
J
Select Plant
J
Select Herbicide
J
Select Method
.l
Select Plant
.�
Soled Herbicide
J Select Method
J
Select Plant
Select Herbicide
Select Method
Select Plant
.�
Select Herbicide
�I Select Method
.J
Select Plant
J
Select Herbicide
Select Method
J
Select Plant
Select Herbicide
J
Select Method
.J
Select Plant
.II
Select Herbicide
.,
Select Method
J
Select Plant
T J
Select Herbicide
J
Select Methad
J
Select Plant
J Select Herbicide
J
Select Method
J
Select Plant
Select Herbicide
J
Select Method
J
Select Plant
Select Herbicide
Select Method
J
Select Plant
. Select Herbicide
4,1
Select Method
.1
Select Plant
J Select Herbicide
J
Select Method
J
• Contractor is responsible for compliance with RFP#6000000763 and the signed contract including:
10001otreatment of targeted plants and 95% kill rate after 6 months
• Recommended herbicides and treatment methods are approved suggestions to help achieve these
requirements, but other herbicides and treatment methods may be considered
I Job Reference # I ( Contractor Initials
FPD2017v2-0
Contract No. 4600004968, Attachment 4 to Exhibit B, Page I of 3
Docusign Envelope ID: 3AAE3BBB-D7584BFE-8CEF-84CD29F6F6CF
Description of Treatment Areas
Job Reference k Contractor Initials
FPD2017v2.0
Contract No. 4600004968, Attachment 4 to Exhibit B, Page 2 of 3
Docusign Envelope ID: 3AAE3BBB-D158-4BFE-8CEF-84CD29F6F6CF
FOR CONTRACTOR USE
Quotes must be received within 5 calendar days of pre -quote meeting unless otherwise specified
E-mail signed and Initialed 3 page document with quotes to edonlanCoDsfwmd.Qov
Contractor
Print Name
Date
Agreement q
Signature
Quotes Due _ _ _ .. . at S PM
'Parcel 111
'Quote Amount $
'Parcels 01+2
'Cumulative Quote Amount $
'Parcels k1+2+3
2Cumulative Quote Amount $
'Parcels 111+2+3+4
2Cumulative Quote Amount $
'Parcels N1+2+3+4+5
2Cumulative Quote Amount $
1. SFWMD will choose the maximum number of parcels dependent on budget constraints
2. SFWMD will select the lowest responsive and responsible quote
Plant Species
3Herbicide Brand Name 'Method EPA Reg N
3. All herbicides and treatment methods must be approved by SFWMD staff
Job Reference Ill 1
FPD2017v2.0
Contract No. 4600004968, Attachment 4 to Exhibit 13, Page 3 of 3
Docusign Envelope ID: 3AAE3BBB-D158-4BFE-BCEF-84CD29F6F6CF
ATTACHMENT 5 TO EXHIBIT B
District Supplied Field Equipment
U Description ---
Serial
Numbers*
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
* Serial numbers will be entered prior to shipping equipment to Contractor
Contract No. 4600004968, Attachment 5 to Exhibit B, Page t of 1
Docusign Envelope ID: 3AAE3BBB-D158-4BFE-8CEF-84CD29F6F6CF
Positions
EXHIBIT "C"
RATE SCHEDULE
Loaded Hourly Labor Rate
Licensed Supervisor $85.00
Crew Leader/Applicator $75.00
Laborer
$38.00
Hourly staff rates shall include costs for. average pay rate, benefit costs, lodging and like
expenses, insurance, database entry, fuel, equipment (transport trucks, airboats, boat, Swamp
Buggy, ATV, Amphibious ATV or similar vehicles, spray and communication equipment,
GPS, Communication equipment, smart device (upon implementation of AVATAR unless
provided by the District), Back Packs, machetes, mixing and application equipment, spray
bottles, and all other safety equipment), and all other components of the hourly rates. Both
Supervisor and Crew Leader/Applicator rates include vehicles. 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.
* The Contractor shall charge for used herbicides and adjuvants at cost.
There will be a two (2) hour charge for lost time due to inclement weather which causes
cancellation of a planned workday in the event the Contractor's crew travels to the work site
prior the cancellation. On days when the Contractor has initiated work and performs for more
than two (2) hours, the Contractor shall charge the District only for actual hours worked. No
overtime is allowed. Billing for labor shall begin upon commencement of work (arrival at boat
ramp or District gate). Travel time to the initial site shall not be billed.
Premium Equipment
Type: N/A
Cost: N/A
*Premium equipment rate does not include supervisor but rather substitutes a premium vehicle
for standard vehicle for this additional cost.
Water Truck"
Capacity N/A
Daily Rate N/A
**excludes operator. Licensed supervisor/applicator will use this equipment in addition to their
application equipment.
Contract No. 4600004968, Exhibit C, Page 1 of t
Docusign Envelope ID: 3AAE3BBB-D158.4BFE-SCEF-84CD29F6F6CF
Attachment t to Exhibit C
Documentation Required for all Contract Payments
Listed below are the minimum requirements for documentation to support invoice payment requests. Additional
requirements may be in effect for this contract depending on the source of funds for this work.
Contractors and Consultants performing work must maintain accurate books, records, documents and other
evidence that sufficiently and properly support all direct and indirect costs expended in the performance of the
contract or agreement. The Contractor or Consultant shall allow the District, Federal, State, or other parties
providing contract funding, access to periodically inspect, review or audit such documents as books, vouchers,
records, reports, canceled checks, payroll registers or any and all similar material as deemed necessary. These
records shall be maintained for five years following the close of the contract or agreement.
Project deliverables and services performed by the Contractor or Consultant should be in a proper and satisfactory
manner as described in the Statement of Work. Only Contractor or Consultant expenditures for goods, services
and other deliverables falling within the categories agreed to pursuant to the Statement of Work and approved
contract budget should be paid. All costs should be reasonable, appropriate, necessary, valid and eligible.
Expenditures should be made in accordance with applicable laws, rules and regulations and complete (transactions
are documented and all funds are accounted for).
Expenditures for periods prior to the current billing period will only be approved if supported by adequate
documentation along with a written explanation as to why the expense was not submitted during the correct billing
period.
Expenditures for work performed prior to the execution of an agreement are not allowable unless specifically
provided for in the contract.
Invoices for fixed unit rate contracts must show the number of service units being billed, the cost per wit, and be
in agreement with contract team and conditions.
it, deta!!, invoices and the documentation accompanying invoices for services under contracts which are not fixed
price must include the following:
I. The beginning and end date of the work period being invoiced should be specified on all contractor,
consultant and subcontractor invoices. The invoice dale and the dale of services and deliverables
provided should not precede the dale that a contract was executed unless specifically provided for
in the contract. Similarly, the end date of contracts and related agreements should not be exceeded
in terms of invoice dates, services, etc. without the execution of a contract amendment. Deliverables
should be specifically quantifiable, measurable, and verifiable. The completion of all tasks/services
included in the Statement of Work should be required to meet all deliverables prior to approval for
final Contractor or Consultant payment.
2. Detailed description of material purchased, work completed, and/or service performed, in direct
relation to each project or project component, along with project name or number should be
provided.
3. Supporting documentation for each invoice should be complete. mathematically accurate, sufficient
in detail, and verifiable.
a. The invoicing of labor costs, if applicable, should be accompanied by documentation
supporting the pay rate and the employees' job title along with approved timesheets covering
the period of service. Pay rates and job titles must agree to rates and job titles specified in
the contract. Summary schedules should be supported by detailed records totaling the
amounts on the summary schedule. The Contractor or Consultant must maintain and provide
upon request the relevant payroll register pages covering the period of service.
Contract No. 4600004968, Attachment I to Exhibit C, Page I of 2
Dowsign Envelope ID: 3AAE3BBB-D1584BFE-8CEF-84CD29F6F6CF
Attachment 1 to Exhibit C
Documentation Required for all Contract Payments
b. If the contract specifies that indirect costs may be charged based on a specified rate, then the
calculation must be provided. In the absence of this indirect costs will not be allowable.
C. Purchases or rental of commodities such as materials, equipment, tools, etc. should be
accompanied by an invoice or receipt from the supplier that describes what was purchased,
the date of purchase, the numberof units, and the cost per unit. Purchases should be allowable
per the agreement, directly related to the scope of work, reasonable and within the agreement
period.
d. Invoices for services provided should be in sufficient detail as to determine 1) what was
provided (to determine how it relates to the overall contract); 2) when the services were
provided (to determine whether the amounts being billed pertain to the correct period); 3) the
unit price and total cost of what was provided (to determine whether it's reasonable given the
task performed); and 4) minimum performance standards were achieved in accordance with
contract requirements and expectations.
e. If the contract allows for the separate billing of travel costs such costs must comply with the
District's travel policy which includes the submission ofa completed District provided Travel
Expense Reinrbtn:sentent form along with documentation of all travel expense items listed on
the form. If the District's form is not used, the form must contain the same information as
provided in The District's form.
f. Vehicle and/or equipment allowance and usage charges should be reported in detail by
number of hours used and dales of use. Contmctors/Consultants must maintain
documentation by use of a log that shows the vehicle/equipment description, the location
where the item was in use, if a vehicle it should show the beginning and ending odometer
readings along with total mileage and if a piece of equipment it should show the beginning
and ending times that the equipment was in use for and who the operators were. A copy of
the log for the applicable time frame must be submitted with the invoice package. Usage of
vehicles and equipment should be reasonable based on the task being performed and agree to
the rates as specified in the contract.
g. The requirements above also apply to subcontractors.
Contract No. 4600004968, Attachment t to Exhibit C, Page 2 of 2
Docusign Envelope ID: 3AAE3BBB-D158-48FE-8CEF-64CD29F6F6CF
EXHIBIT"El"
SMALL BUSINESS ENTERPRISE SUBCONTRACTOR
PARTICIPATION SCHEDULE
Coem oV
ScOcaatton No. UY.c $LLa1Cd1
Pelad Name & Lm+Uon PI.I.M Sign Data
IaLpliore
Nu
ORGANIZATION STATUS
re).
I
Bualnoss Business
Duscriba Type of WCfkICtlA
b\eu
Aaaoplellon Basin... Name Business Address Phonon
PotlormoE
Work
Dollar Amount
Preto
BbamlPmpos..
Non SHE
Subconbaatm
SHE
SobconUanu
SHE
Saboanbactm
SHE
5.1laoi ac0.i
SSE
Subconaacer
Tolal leaNcipalign
O:b 1 50.00
retail Donlraal
S0.00
This lH n9 of a Small Sumo.. Enterprise (SSE) shall censUWte a eprosenletten by Her pOEeripropo.ol w be Delocl Thal Ow b10Eellpepose ball
vuch SHE to be leo mat ally am f ngs"Jy e..Id,.d and available b perform We work EescabeE. SMCers?ropowrs ate aEveW Nal Imo mformeUon
conned margin may be vatlfl
HMec✓Ploposer Sgreee
Taly Dab
Form 09M (OW2013) Inwrpomtea by reference in wbsecbon 40E.7.670(3). F.A.C.
Contract No. 4600004968, Exhibit El, Page I of I
Docusign Envelope ID: 3AAE3BBB-D158-4BFE-8CEF-84CD29F6F6CF
EXHIBIT "ET'
Statement of Intent to Perform as a Small Business
Enterprise Subcontractor
Solicitation No. or Contract No.
A signed-Slalement of Intent to Perform as a SSE Subcontractor' must be completed by the owner or authorized principal of each SSE
firm listed in the 'SBE Subcontractor Participation Schedule' Form No. 0956.
agrees to perform work on the above contract as (check one).
(Legal Business Name of SBE Subcoritaaor as a appears on
she Florida Divisors of Corporations Webske, inclusive of dba) ❑ a partnership: ❑ a corporation: Cl an individual. ❑ a joint venture
SBE Subcontractor FEIN:
SBE Subcontractor Certification Expiration Date:
SBE Subcontractor
The SSE Subcontractor will enter into a formal agreement. conditioned upon the Bidder/Proposer execuhug a contract with the
District for the work with
(Name of Bidd&/Proposer)
Item Type of Work Agreed Price %of Work
No. (Fos CCNA. Agreed Percer rwp)
1 S %�
2 S %,�
3 S %
I _ Total Value of Work S %
'Please include a copy of the District's SBE Certification Letter for the SBE Subcontractor.
SSE Suownudor Signature Title Data
Form 0957 (0929 I3 )
Incorpamled by reference in subsections
40E-7.670(2)(a), F.A.C.
Contract No. 4600004968, Exhibit E2, Page I of I
Page I of I
Docusign Envelope ID: 3AAE3BBB-Di58-4BFE-8CEF-84CD29F6F6CF
EXHIBIT `kEY
SMALL BUSINESS ENTERPRISE SUBCONTRACTOR
REVISED PARTICIPATION SCHEDULE
Conbad No, Dole Submaed
Nam. B Locabon
Protect Start Data
ORGAN VATIOµ STATUS
I e]ephore
1 Work to be Performed
Business Business
Describe Type of Work to be Y.ol
Assoelallon Buslnoss Name Business Address Phone
Porformvd Worts Dollar Amount
Prone
BidderiR.pcaer
Non SBE
SubtonVxta
SSE
SubwnUactm
SSE
Subcontractor
SSE
Subwrdractm
SSE
SubWm,m,tvr
Total Participation
100%, $0,00
Total Contractl
so 001
The prime cor ai must notify the Dabkt when" need W teplaw a Small Business Eraerpraa (58E) Subeonaacka. Pbese proves aRevs.d SBE
SubwMractm Utrtuakon Plan and a brief eapla iatron of he need lot the addlim or replacement. Nam enter Iho explanatain M this span provided
below.
Th. Wing .1a SSE ahatl wnaVWm a r.prownlation by the biddeNptwoem to the Distrkl that the bAdetlproposm bake ves such SSE to be technkaly,
andfinancaly qualified and available to perform the work deeprbad. SiddorsrPtoposao are advised that the information wrymned herein may"
verified
BiddcoPropaavr Sgoalmv
Tan Dab
Form 1373 (062013) Incorporated by relaranca in subsection 40E.7.872(4), F.A.C. ry
Contract No. 4600004968, Exhibit E3, Page I of 1
EXHIBIT "F1"
Small Business Enterprise Subcontractor Utilization Report
Project Nama it. Contract Number and yltrk Order NN - b. (d 2pdreable)1.
Report Number pi I Pe ng Period —
to
Contractor Karmen, Contractor Telepbab Numbu der Contractor Emaa AOPress a,
Contractor si Aearess m. Protect Manager Name r i,., Protect Manager Teleptmne Number nl 1 Project Manager Email Address r+n
Small Business nterprise Payment Report
Federal Amount Paid
SBEnessN rne,,,r PounC, ["voice Told Pale to
IdentNftatlon Business Name ne Description of Work, Amount this Period,
Reporting Number nar Data Ron
Number u; Pcriotl . s
Total Pad to Date for All Small euedess Enterprise Subcontractor o : S
I certify that the above information is true to the best of my knowleQge.
Conhacbr Name- A.Umzed Personnel (Pant) (contractor Name - Autrpnz P.%orcul la_gnl,:• ',tc,:<,
Form 1217(12l2011)
Contract No. 4600004968. Exhibit FI, Page 1 of 2
1 11
Date as
Page 1 012
A
Docusign Envelope ID: 3AAE3BBB-D758-4BFE-8CEF-84CD29F6F6CF
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
Instructions
Box (1) Project Name - Enter the enure name of the project.
Box (2) Contract Number (work order) - Enter the District contract number and work order number, If applicable (i.e..
4600001234, and if work order contract include work order number - 46000DO568 WO 01),
Box (3) Report Number - Enter the Small Business Enterprise (SBE) Subcontractor Utilization Report number. Reports must be
in a numerical series (Le- 1, 2, 3).
Box (4) Reporting Period - Enter the beginning and and dales for which this report covers (i.e.. 10/01/2011 - 11101/2011).
Box (5) SBE Contract Goal - Enter the SBE Contract Goal on enure contract
Box (6) Contract Completion Data - Enter the expiation dale of the contract, (not work order).
Box (7) Contractor Name - Enter the complete legal business name of the Prime Contractor.
Box (8) Contractor Telephone Number - Enter the telephone number of the Prime Contractor.
Box (9) Contractor Email Address -Enter the em i( address of the Prime Contractor.
Box (10) Contractor Street Address- Enter the mailing address of the Prime Contractor.
Box (11) Project Manager Name - Enter the name of the Project Manager for the Prime Contractor on the project,
Box (12) Project Manager Telephone Number - Enter the direct telephone number of the Prime Contractor's Project Manager.
Box (13) Project Manager Email Address - Enter the email address of the Prime Contiaclor's Project Manager.
Box(14) Federal Identification Number- Enter the federal Identification number of the SBE Subcontrader(s).
Box (15) SBE Subcontractor Business Name - Enter the complete legal business name of the SBE Subcontractor(s).
Box (16) Description of Work - Enter the type of work being performed by the SBE Subconbactor(s) (i.e., electrical services).
Box (17) Project Amount- Enter the dollar amount allocated to the SBE Subcontractors) ler the entire project (i.e.. amount in the
subcontract agreement).
Box (18) Amount Paid this Reporting Period - Enter the total amount pad to the SBE Subcontrador(s) during the reperling
period.
Box (19) Invoice Number- Enter the SBE Subcontractor'a invoice number related to the payment reported this period.
Box (20) Total Paid to Date - Enter the total amount pail to the SBE Subcontraclor(s) to dale.
Box (21) Total Paid to Date for All SBE Subcontractor(s) - Enter the total dollar amount paid to date to all SBE Subcontractors.
Box (22) Contractor Name Authorized Personnel (print) - Print the name of the employee that is authorized to execute the SBE
Subcontractor Utilization Report.
Box (23) Contractor Name Authorized Personnel (sign) - Signature of authorized employee to execute the SBE Subcontractor
Utilization Report.
Box (24) Title - Enter the glle of authorized employee completing the SBE Subcontractor Utilization Report.
Box (25) Date - Enter the dale of submission of the SBE Subcontractor Utilization Report to the District.
Form 1217(1212011)
Contract No. 4600004968, Exhibit FI, Page 2 of 2
-Page 2 of 2
EXHIBIT "F2"
Small Business Enterprise Final Subcontractor Utilization Report
Project Mvrw ." Contract Number and Work Order 4urrebor Id appl-cablet
Repot Number.tr
Rip;t n3 Prnorl -
Small Business Ertlerprtse Contract Goat -
Crwoari Contolet•on Date ta,
to
Contractor Name r
Contractor Telephone Number e•
Contractor Emat Address .a•
Ccnbaclo Street Address I
P•olect Manager Nana •r
D-otect Manager Teleonone Nwnber •:
Project Marwgr. Email Address
Small Business Enterprise Payment Report
Federal SSE Subcontractor
Project Amount Paid
Invoice Total Paid to
Identification Business Name
Description of Worst
Amount • this Reportinq
Number Date .
Number—
Period
Total Paid to Date for All Small Business Enlerprise Sutxontracters . • � f 0.00
I certify that the above information is true to the best of my knowledge.
Cmtracto Name - kithonzed Personnel (IN wl) :2:. 1 Cr"iactor Name - Autivx¢ed Persorvei isgn)in, I Tooe:_ I Date M
Form 1218 i 1220111 Page 1 of 2
Contract No. 4600004968. Exhibit F2. Page I of 2
0
0
_0
r0
7
m
m
0
rD
a
Docusign Envelope ID: 3AAE3BBB-Dl58-4BFE-8CEF-84CD29F6F6CF
South Florida Water Management District
Instructions to Small Business Enterprise Subcontractor Utilization Report
Box (1) Project Nam • Enter the entire name of the project.
Box (2) Contract Number (work order) - Enter the District contract number and work order number, it applicable. (i.e.,
4600001234, and If work order contract Include work order number - 4600000568 WO 01)
Box 13) Report Number- Enter the Small Business Enterprise (SBE) Subcontractor Utilization Report number. Reports must be
In a numencal series. (i.e.. 1, 2. 3)
Box 14) Reporting Period - Enter the beginning and end dales for which this report covers. (i.e., 10/01/2011 - 1110112011)
Box (5) SBE Contract Goal - Enter the SBE Contract Goal on entire contract.
Box (5) Contract Completion Date - Enter the expiration date of the contract. (cal work order).
Box (7) Contractor Name - Enter the complete legal business name of the Prime Contractor.
Box (s) Contractor Telephone Number- Enter the telephone number of the Prime Contractor.
Box (9) Contractor Email Address - Enter the email address of the Prime Contractor.
Box (10) Contractor Street Address - Enter the mailing address of the Prime Contractor.
Box (11) Project Manager Name- Enter the name of the Project Manager for the Prime Contractor on the project.
Box (12) Project Manager Telephone Number- Enter the direct telephone number of the Prima Contractor's Project Manager.
Box(13) Project Manager Email Address- Enter the email address of the Prime Contractor's Project Manager.
Box (14) Federal Identification Number - Enter the federal identification number of the SBE Subcontraclor(s).
Box (15) SBE Subcontractor Business Name- Enter the complete legal business name of the SBE Subcontraclor(s).
Box (16) Description of Work - Enter the type of work being performed by the SBE Subcontraclor(s). (i.e.. electrical semces)
Box (17) Project Amount - Enter the dollar amount allocated 10 the SBE Subcontractor(s) for the entire project. (i.e., amount in
the subcontract agreement)
Box (18) Amount Paid this Reporting Period - Enter the total amount paid to the SBE Subcontractors) during the reporting
period.
Box (19) Invoice Number- Enter the SBE Subcontractor's invoice number related to the payment reported thus period.
Box (20) Total Paid to Date - Enter the total amount paid to the SBE Subcontraclor(s) to dale.
Box (21) Total Paid to Dale for All SSE Subcontractor(s) -Enter the total dollar amount paid to dale to all SBE Subcontractors.
Box (22) Contractor Name Authorized Personnel (prim) - Print the name of the employee that Is authorized to execute the SBE
Subcontractor Ublization Report.
Box (23) Contractor Name Authorized Personnel (sign) - Signature of authorized employee to execute the SBE Subcontractor
Utilization Report.
Box (24) Title - Enter the 00e of authorized employee completing the SBE Subcontractor Ubilzabon Report.
Box (25) Date- Enter the date of submission of the SBE Subcontractor Utilization Report to the District -
Foam 1218 (122011)
Contract No. 4600004968, Exhibit F2, Page 2 of 2
Page 2 of 2
Docusign Envelope ID: 3AAE3BBB-D158-4BFE-8CEF-84CD29F6F6CF
EXHIBIT H
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
INSURANCE REQUIREMENTS CHECKLIST
6000001498 Ground An ica8on Services
TYPE OF COVERAGE i MINIMUM COVERAGE LIMITS
Must be
Included Commercial General Liability
If marked Comprehensive Coverage/ Other Coverage
"X" Endorsements
(Please note >gQectal Instructions — )
X Occurrence Farm
X Premises Operations
Delete XCU Exclusion (if applied)
X Products Completed
X Contractual
X Independent Contractors
Broad Form Property
X Personal Injury
Blastingy
Demoiitlon
X Watercraft— by exception for Non -Owned or
Hull/ P&I
X Pollution extension, CPL or separate EIL to
cover herbicide treatment applications
X Any Auto Covered
To Include All -Terrain Vehicle Liability
ATVs, UTVs, Buggies or Similar Vehicle
X Workers' Compensation and
Employer's Liability
Bodily Injury & Property Damage
$1 000.000' Per Occurrence
$2.000.1500. General Aaareate or CSL
$2.000.000. Products — COn1D/OD Aaareaate
Soeclal Instructions:
Prior to commencement of any activities or access
to District property or equipment under this
agreement, Contractor is required to provide
District with an acceptable certificate of Insurance,
as well as an additional Insured endorsement and
a waiver of subrogation endorsement. Coverage
and limits must be in accordance with these
requirements, be no more restrictive than the most
recent ISO fors and the District must be listed as
a certificate holder.
Coverage requirements shall extend to all
employees and subcontractors; Prime firm is
responsible.
Bodily Injury & Property Damage
$1,000,000.
Combined Single Limit (Ea. accident)
Statutory Limits
$100000 Occurrence
1506.003. Aaareaate
100.000. Disease
X Environmental Impairment Liability T1.000.000. Per Uccurrence
(or GL pollution extension or CPL) 00 .000. General Aaareaate or CSL
o include herbicide a li ti n cc v a e S2 O �1000. Products —Co (OnAagregate _
AL.
South Florida Water Management District must be named as an "Additional Insured" except for Workers'
Compensation and Employer's Liability. Contractor must grant Waiver of Subrogation endorsement in favor
of the District for all coverages. Contractor must use the following ISO form(s), or others approved by District
Risk Management: Additional Insured Endorsement Form(s) CG2010, CG2037. Must use ISO Waiver of
Subrogation Endorsement CG2404. Endorsement' s must be listed on the certificate and copies provided.
The Certificate holder shall be designated as: Insurance Requirements reviewed by:
South Florida Water Management District James Leslie 01/24/2024
3301 Gun Club Road
West Palm Beach, FL 33406
Contract No. 4600004968, Exhibit H, Page 1 of 1
Docusign Envelope ID: 3AAE3BBB-Dt58-4BFE-8CEF-84CD29F6F6CF
EXHIBIT I
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
3301 Gun Club Road, West Palm Beach, FL 33406 (561) 686-8800
SFWMD Project Manager:
WORK ORDER NO: Phone: Email:
PO NO: 950000 SFWMD Contract Specialist:
Must be referenced on invoices Phone: Email:
Firm Name:
Address:
City/State/Zip:
Firm's Project Manager:
Phone:
Email::
In accordance with Contract No.460000 , dated for , the South Florida Water
Management District hereby directs the firm to perform the services for the project as detailed in Exhibit B-X
{Insert B-1, B-2, etc) Statement of Work, attached hereto and made a part of this Work Order for the amount
specified below. Exhibit C-X(Insert C-1, C-2,etc.) Payment and Deliverable Schedule applicable to this project
Is also attached and made a part of this Work Order. Start/Completion Dates are specified below.
1. Work Order Start Date: _ 12. Completion Date:_
3. Work Order Type & Funding: Not To Exceed ❑ Time & Materials/Not-to-Exceed ❑ Fixed ❑
Current FY_$ Total Work Order Amount:$
'Multi -Year Funding: ❑ Yes ❑ No PR#
'FY Amount $
"FY Amount $
•FY Amount $
'Subject to Governing Board Budgetary Appropriation for each Fiscal Year— see Article 3.1 of Exhibit A
4. Small Business Enterprise (SBE) Participation:
SBE Contract ❑ / Work Order ❑Participation Goal: _°/n ❑ NA
SBE Utilization for this Work Order: % ❑ N/A
Subcontractor Name(s):
Accepted by:
Procurement SBE Section
Date
New subcontractor proposed for this Work
Order?
Select one: []YES ❑ NO
Name:
Signature of Firm: SFWMD Approval:
CS Initial
Accepted by: Accepted by:
Authorized Representative Procurement Representative
Title: Title:
Date: Date:
Contract No. 4600004968, Exhibit 1, Page I of 1
CITY OF SEBASTIAN
SEBASTIAN
CENTENNIAL CELEBRATION
1914-1014
CITY COUNCIL AGENDA TRANSMITTAL
DATE August 28, 2024
TO Honorable Mayor and City Council
THRU Brian Benton, City Manager
FROM Jessica Graham, Procurement Manager
SUBJECT Consideration of Resolution R-24-40 approving a
piggyback of contract 4600004968 by South Florida
Water Management District for ground application
services to manage invasive and nuisance vegetation for
the Storm Water Division.
EXECUTIVE SUMMARY
Aquatic Vegetation Control has an existing contract under the South Florida Water Management
District (SFMD) effective through September 30, 2027 (with two (2) additional one (1) year renewal
periods) that the City of Sebastian is seeking to piggyback. The piggyback will be used for ground
application services to manage invasive and nuisance vegetation for the Storm water Division. The City
is currently piggybacking Aquatic Vegetation Control's contract with the SFWMD; however, the new
agreement, 4600004968, has replaced the contract.
Utilization of an existing government (State or other) contracts guarantees that the pricing and contract
terms remain the same while the contract is active; this includes any contract extensions or renewals. In
accordance with state of Florida procurement statutes and the City's Code of Ordinance Section 2-10(c)
(2), the procurement procedures carried out by the awarding agency are equivalent to Sebastian's
procurement process, pricing from other co-operatives, and local vendors. At this time, it has been
determined by Staff that the recommended vendor is the most advantageous to meet the city's needs.
Staff is seeking approval for the piggyback agreement and authorization for the Mayor to execute.
ljxKaluIuIA&I M4100
Staff Recommends approval of Resolution R-24-40 approving a piggyback of contract 4600004968 by
South Florida Water Management District for ground application services to manage invasive and
nuisance vegetation for the Storm Water Division and authorization for the Mayor to execute all
appropriate documentation.
ATTACHMENTS:
1. Resolution # R-24-40
2. Exhibit A - EXECUTED CONTRACT 4600004968
3. Exhibit_B_-_SFWMD_Contract 4600004968_-_Aquatic_Vegetation_Control_Piggyback.docx
FUNDING SOURCE
Amount:
,000.00
Additional Funding Requested: $0.00
Stormwater Utility Fund
Staff is seeking approval of Resolution R-24-43, to seek program funds as stated above, and authorize
the City Manager to execute any appropriate documents as needed.
l ��_u_ 01 :_ # 0
Approve Resolution R-24-43, authorizing submittal of grant application to the Florida Department of
Environmental Protection for $178,000.00 for trail maintenance equipment and giving authorization to
the City Manager to execute any necessary implementation documents.
G]ttfttr ej:lu_1DQI Rf
1. Resolution R-24-43 trail maint.doc
2. Designated Trails - Sebastian.pdf
FUNDING SOURCE
Expenditure Required:
$50,000.00
Additional Funding Requested: $0.00
and CRA FY25 Capital
CITY OF SEBASTIAN
CITY COUNCIL AGENDA TRANSMITTAL
DATE August 28, 2024
�j TO Honorable Mayor and City Council
THRU Brian Benton, City Manager
FROM Richard Blankenship, Parks and Rec Director
S E BAST I A N SUBJECT Approve Resolution R-24-43 of the City of Sebastian,
CENTENNIAL CELEBRATION Indian River County, Florida, authorizing the submittal of
1914.1014 a grant application for the Florida Department of
Environmental Protection Trail Maintenance Program,
requesting up to $178,000.00 to purchase trail
maintenance equipment for those facilities that are a part
of designated trails.
EXECUTIVE SUMMARY
The Florida Department of Environmental Protection Trail -GO program has funding for trail
maintenance equipment for state -designated trails and associated facilities on those trails. If approved,
the following is a list of equipment that would be purchased:
• Sweeper broom for front of tractor
• Dump trailer
• Pull behind yard vacuum for zero turn
• Power tools
• Weed whackers
• Edgers
• Blowers
• Stick hedge trimmers
• Enclosed trailer riverfront
• Pole saw
• Chainsaw
• Spade shovels
• Flat shovels
• Landscaping rakes
• Flat rakes
• Metal fan rakes
• Scuffle hoe
• 54" stand on mower
• 60" sit on mower $15,000
• Toro workman side by side
• 16' landscape trailer
• 5 Series Tractor with attachments
The designated trails that qualify the City for this funding are US Hwy. One, Sebastian Blvd., and
Louisiana Ave. The Trail -GO grant program does not require a match; however, the grant
announcement states that priority will be given to those that do provide a match.