1st Amendment 11/17/2015AMENDMENT NO. 1 TO CONTRACT
BETWEEN EARTHBALANCE CORPORATION
AND MONROE COUNTY, FLORIDA
THIS FIRST AMENDMENT TO CONTRACT is made and entered into this 17 day of
November, 2015, between Monroe County Board of County Commissioners (hereinafter
"COUNTY" or `BOCC ") and Earthbalance Corporation (hereinafter "CONTRACTOR ").
WITNESSETH:
WHEREAS, the COUNTY and CONTRACTOR (hereinafter "Parties ") entered into a
Contract (hereinafter "Contract ") on December 10, 2014, for the removal of invasive exotic plant
species from Monroe County conservation lands; and
WHEREAS, the Parties mutually agree that the scope of work under said Contract was
completed on May 29, 2015; and
WHEREAS, Section 38 of said Contract authorizes the extension of services by the mutual
consent of the undersigned parties and upon the same terms of said Contract for two (2) additional,
future funding cycles, whether for a greater or smaller sum, and using a different completion date,
contingent upon the County's receipt of funds specifically for the purposes set forth herein; and
WHEREAS, the County has received an additional $60,000 in funding for FY 2015 -2016
from the State's Florida Fish and Wildlife Conservation Commission's Invasive Plant Management
Section for the removal of invasive exotic plants from Monroe County conservation lands; and
WHEREAS, in addition to the aforesaid $60,000 the County has received in State funding,
the County is contributing an additional $10,000 to this project from the Monroe County
Environmental Land Management and Restoration Fund; and
WHEREAS, this Amendment No. 1 to Contract (hereinafter "Contract Extension ") is the
first of two extensions authorized under Section 38 of said Contract.
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained herein
the parties agree as follows:
1. The recitals contained herein are true and correct and are hereby incorporated as if fully
stated herein.
2. The original Contract between the parties is attached to this Contract Extension and made a
part of it as if fully stated herein.
3. The parties mutually consent to exercise the original Contract's Section 38 provision
authorizing the extension of services upon the same terms of the original agreement for an
additional future funding cycle using a different completion date, based upon the County's
receipt of funds specifically for the purposes set forth herein.
4. Exhibit "A" (hereinafter "Scope of Services ") to the original Contract is hereby amended to
reflect completion of the project work upon the reaching of the maximum amount of
$70,000.00, or upon the date of May 27, 2016, whichever occurs first.
5. Section 4.1 of said original Contract is hereby amended as follows:
The maximum compensation available to the CONTRACTOR under this Aegreement is
$70,000.00 Q'� 00.00. The COUNTY may determine that the project is complete prior to
May 27, 2016 and prior to reaching the maximum amount of $70,000
$1000. . If this occurs then the COUNTY shall notify the CONTRACTOR in
accordance with Section 38 of this Contract. The COUNTY agrees to pay the
CONTRACTOR based on completion of work within the Scope of Services corresponding
as Exhibit "A" to this Contract Extension, according to progress reports and other
documentation to show the hours expended by each of the CONTRACTOR'S on -site staff.
There will be a 5% retainage by COUNTY until the kill rate requirements established in the
said work under said Scope of Services are satisfied. Because said the work under said
Scope of Services must be completed by May 27, 2016 ,compensation shall
be only for the amount of work completed, regardless of the cause of any delay.
6. Section 4.2 of said original Contract is hereby amended as follows:
The hourly billing rates for on -site personnel of the CONTRACTOR, expected to include all
costs including travel, equipment, and administrative costs, used in calculating the
compensation due are:
Position
Hourly Rate (in Dollars)
Certified Crew Supervisor
$110.00
Crew Technician
$68.00
The CONTRACTOR may not bill for any personnel time other than the positions
specifically listed above. There are no reimbursable expenses. No more than one crew
(composed of one crew supervisor and up to 3 -7 technicians) may work at any one time.
7. Section 38 of said original Contract is hereby amended as follows:
The work under this Contract is to be completed by May 27, 2016 , or upon
reaching the maximum amount of $70,ODO $4000 or upon the COUNTY's determination
of project completion prior to May 27, 2016 , and prior to reaching the
maximum amount of $70,ODO $-AAA. If this occurs then the COUNTY shall provide a
14 day notice to the CONTRACTOR identifying the project completion date. No invoices
will be paid by the COUNTY for work completed by the CONTRACTOR after the project
completion date or after reaching the maximum amount of $70,000.00 After May 27, 2016
May 29, , this Contract may be extended by mutual consent upon the same terms for
one 1 I two -(2) additional, future gra*t funding cycles, whether for a greater or smaller sum,
and using a different completion date, contingent upon County's receipt of gran+ funds
specifically for the purposes set forth herein.
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8. All of the other terms, covenants, conditions, and provisions of said original Contract dated
December 10, 2014, except those expressly modified and rendered inconsistent by this
Contract Extension, remain in full force and effect and binding upon the Parties.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the
day of C &) C — 2015.
SEAL)
Y HEAVILIN, CLERK
COUNTY, FLORIDA
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(CORPORATE SEAL)
ATTEST:
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First Witness Signature
First Witness Printed Name
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Second Witness Printed Name
STATE OF i—`,0 V
COUNTY OF 9b��D t G
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUN , FLORIDA
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MON OE COUNTY ATTORNEY
AP OVED AS TO FORM
PETER MORRIS
ASSISTANT OU TY ATTORNEY
Date:
On this o Lr day of nAt 2015, before me the person whose name is
subscribed above, and who produced 1 as identification, acknowledged
that he /she is the person who executed the above Contract for the purposes therein contained.
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My commission expires: 1 at 1 a(D I I t� Seal
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EXHIBIT A
To Amendment Dated November 17, 2015
SCOPE OF SERVICES
PROJECT LOCATION
Lands in this project area consist of public conservation lands located throughout the Florida Keys either
owned or managed by Monroe County. Monroe County owns approximately 2,000 acres of scattered
conservation lands throughout the Florida Keys. This project will target a portion of those properties in the
areas identified below (the majority of the sites are within the Lower Keys area):
Upper Keys: Key Largo; Tavernier
Middle Keys: Crawl Key; Fat Deer Key
Lower Keys: Sugarloaf Keys; Cudjoe Key; Summerland Key; Ramrod Key; Torch Keys; Big Pine Key
Most individual parcels are only 0.1 acres in size, but many are contiguous and combine to form much larger
management units. The majority of the sites are located in neighborhoods, adjacent to residences, and easily
accessed by roads. Work in neighborhoods will require special considerations for safety, noise and
appearance of the property.
Level of infestation varies by site, but since most of these sites have been previously treated, most sites will
be less than 10% coverage of invasive exotic vegetation.
SCOPE OF WORK
The project consists of the eradication of invasive exotic plant species occurring on selected Monroe County
conservation lands, utilizing herbicide as necessary. The work will be completed by the CONTRACTOR's
ground crew comprised of up to four 4 eight (9) invasive plant technicians (including the crew supervisor).
No more than one crew (composed of one crew supervisor and up to -7 3 technicians) may work at any one
time. The CONTRACTOR will manage the project including the scheduling, subcontracting as necessary,
labor, monitoring and reporting progress. Additionally, the CONTRACTOR will provide all necessary
training, equipment, supervisory and administrative support for the technician crew. All work is to be
completed using hand tools (no heavy equipment allowed, except for a chipper, if provided by
CONTRACTOR). A "Gyro -trac" or similar forestry machine may not be used on this project. Work must
be performed during normal work hours (between 8 am and 5 pm), Monday through Friday. No work may
occur on weekends or on holidays observed by Monroe County.
The COUNTY will supply location maps of project sites.
The CONTRACTOR must have GPS equipment and trained field staff to enable accurate field verification of
property boundaries and to provide accurate mapping of areas treated. At the end of the project, the
CONTRACTOR will provide the COUNTY with GIS shapefile data indicating the total area surveyed.
The CONTRACTOR will work closely with the County Land Steward to identify sites where only boundary
or edge treatments are necessary and sites where a thorough inspection / treatment of the entire site is
required. The work requires a knowledgeable crew of technicians who can "sweep" County properties and
remove only the invasive exotic plant species found on the sites. The technicians must have demonstrated
knowledge in identification of Florida Keys' species, both native and exotic, including those closely related
species.
The CONTRACTOR's priorities will include: maintaining previously treated exotic removal sites free of
exotics; conducting sweeps of large conservation areas, looking for new infestations; and the removal of
small infestations of exotics from recently purchased conservation lands.
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The CONTRACTOR shall notify the County Land Steward when it finds infestations of invasive exotics that
are either too large for the crew to handle or trees that may be potentially hazardous to remove (i.e. near
power lines or neighbors' structures). The CONTRACTOR shall provide information to the COUNTY on
the approximate dimensions of the infestation and the location.
Target species include: Brazilian pepper (Schinus terebinthifolius); Australian pine (Casuarina spp); lead
tree (Leucaena leucocephala); seaside mahoe (Thespesia populnea); scaevola (Scaevola sericea); latherleaf
(Colubrina asiatica); Brazilian jasmine (Jasminum fluminense); Guinea grass (Panicum maximum);
Washington fan palm (Washingtonia robusta); sapodilla (Manilkara zapota); sea hibiscus (Hibiscus
tiliaceus); castor bean (Ricinus communis); wedelia (Sphagneticola trilobata); oyster plant (Tradescantia
spathacea); air potato (Dioscorea bulbifera); red sandalwood (Adenthera pavonina); woman's tongue
(Albizia lebbeck); tropical almond (Terminalia catappa); green fountain grass (Pennisetum setaceum);
asparagus fern (Asparagus aethiopicus); chastetree (Vitex trifolia) and night - blooming cactus (Hylocereus
undatus). These and all other invasive exotic species listed by Florida Exotic Pest Plant Council (FLEPPC)
will be either hand - pulled, cut and treated, or treated in place with appropriate herbicide. Every effort shall
be made to avoid damage to native vegetation and impacts to wildlife.
The exotic plant species listed above will be treated according to developed effective control techniques.
Depending upon the species treated and the type of habitat, plants may be hand - pulled, treated in place,
removed from site, or chipped on site. Decisions regarding specific plant treatment methods on each site will
be made by the Land Steward. The CONTRACTOR is responsible for the treatment and / or removal of all
exotic plant species listed, including trees, grasses, groundcovers, and vines, in any life stage (including
seedlings).
Hand - pulling shall be the preferred method of removal when feasible. When it is not feasible, vegetation
may be treated with herbicide and left standing in areas where standing dead timber does not pose a threat to
human safety or is not offensive to adjacent neighbors. When cutting is required, each cut plant will be cut
as low to the ground as possible. Cuts will be made level to the ground to minimize herbicide runoff prior to
absorption. An appropriate herbicide shall be applied within one (1) minute of stump preparation.
Invasive exotic plant species shall be treated with herbicide as follows:
Target Species
Treatment Method
Asiatic colubrina
50% Garlon 3A applied to cut surface immediately after cut or
(Colubrina asiatica)
20% Garlon 4 applied to stump's cut surface and sides
Australian pine
50% Garlon 3A applied to cut surface immediately after cut or
(Casuarina sp)
20% Garlon 4 applied to stump's cut surface and sides
Beach naupaka
50% Garlon 3A applied to cut surface immediately after cut or
(Scaevola sericea)
10% Garlon 4 applied to stump's cut surface and sides
Brazilian pepper
50% Garlon 3A applied to cut surface immediately after cut or
(Schinus terebinthifolius)
20% Garlon 4 applied to stump's cut surface and sides
Lead tree
30% Garlon 4 applied to stump's cut surface and sides
(Leucaena leucocephala)
Seaside mahoe
50% Garlon 3A applied to cut surface immediately upon cutting
(Thes esia opulnea)
Bowstring hemp
Cut at base and apply 5% Garlon 4 to cut surface
(Sansevieria hyacinthoides)
Technicians shall utilize quart- sized, chemical resistant spray bottles, such as a "Spraymaster" bottle (or
similar), for herbicide application. The contents must be clearly labeled on the outside of the bottle. A dye
shall be used to facilitate identification of treated stems. Herbicides will be applied using a low - pressure
spray to minimize drift and non - target damage.
Any additional treatment methods or changes to the methods listed above must be pre- approved by the
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County Land Steward.
All mature (brown) lead tree (Leucaena leucocephala) seeds will be bagged and left on the site for disposal
by the County. All vegetative material from bowstring hemp (Sansevieria hyacinthoides) must be physically
removed.
Resulting plant material may either be bagged or neatly piled on site (adjacent to the road) for COUNTY
pick up. The CONTRACTOR may utilize a chipper (not required). Any mulch created will be disposed of
in one of the following ways (as determined by the County Land Steward):
1. Spread evenly across the site; or
2. Removed from the site by the CONTRACTOR, at no expense to the COUNTY for the removal (if
the CONTRACTOR wants the mulch for their own purposes); or
3. Neatly piled on the site by the contractor and removed from the site by the COUNTY (if Land
Steward determines that on -site disposal is not an option).
The CONTRACTOR will not be required to transport off -site or pay for the disposal of any vegetative
waste created by the project, unless the CONTRACTOR desires to keep the mulch.
The CONTRACTOR will provide all necessary equipment to complete the project including (but not limited
to) hand tools, chainsaws, chippers (not required), vehicles, sprayers, garbage bags and personal protective
equipment. The CONTRACTOR will also provide all materials for treatment (including herbicide and
adjuvants) and ensure proper disposal of herbicide and adjuvant containers and will strictly adhere to all
herbicide label application, precautionary, and safety statements.
The CONTRACTOR shall be paid according to the hourly rates established in the contract for each
type of on -site employee. No compensation shall be paid for travel time to and from the work site.
The project is complete when one of the following occurs: the total cost reaches $70, 000 $1 000; the
County Land Steward determines the project is complete; or on May 27,201 MRY 29, 2n, c ;
whichever occurs first. There are no reimbursable expenses.
All herbicide treatments shall be at least 95% effective in preventing re- sprout of treated plants. If 95% "1
rate is not achieved for any area of the project after two (2) months past initial project completion; one
additional treatment of the exotic plants in the problem area shall be the responsibility of the
CONTRACTOR at no additional cost to the COUNTY.
The CONTRACTOR shall at all times provide an on -site ground crew supervisor that is certified by the
Florida Department of Agricultural and Consumer Services and in good standing with that Department, as
part of the work force. Ground crew supervisors will be responsible for: 1) coordination with the Monroe
County Land Steward on a daily / weekly basis; 2) all control activities and safety on project sites; 3)
assuring that all crews are knowledgeable of, and remain within property and treatment boundaries; 4)
assuring appropriate herbicide labels and Material Safety Data Sheets (MSDS)are on site; 5) avoiding
damage to native vegetation and wildlife; and 6) strict adherence to all herbicide label application,
precautionary, and safety statements. Ground crew supervisors shall be certified by the Florida Department
of Agriculture and Consumer Services in the Natural Areas category. The County reserves the right to
disqualify prospective bidders who have violations of the Rules of Chapter 62C -20, F.A.C., or other state or
federal laws or regulations related to pesticide use or aquatic plant control resolved by mediation, Consent
Order, or fine within the two (2) previous years.
Crew supervisors must meet with the County Land Steward on a regular basis to discuss the progress of the
project and to determine priority areas for treatment. The CONTRACTOR shall complete "Daily Progress
Reports for Invasive Plant Control" and "Weekly Progress Reports for Invasive Plant Control' and will
submit the completed forms to the County every two weeks at a minimum. The Monroe County Land
Steward will submit the permit application for the proposed exotic removal work, however the Contractor is
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required to pick up the permit from the Monroe County Building Department and keep the permit with the
crew while working on -site.
The term "technician" is used to imply specialized knowledge of invasive exotic plant control. All
technicians working on the crew must have training in plant identification (specifically Keys' species) and
herbicide application methods. Preference may be given to contractors with highly trained crews, including
those that have herbicide licensed crew members (in the category listed above).
The contractor must hold a valid Monroe County business tax receipt and a Monroe County Certificate of
Competency for a Landscaping Specialty Contractor. A general contractor may apply if he holds a
landscaping specialty contractor certificate of competency in Monroe County or employs a Landscaping
Specialty Contractor licensed in Monroe County. The business tax receipt is required for both.
Additional plant treatment or removal and nonplant debris removal may be added to the project by mutual
agreement as field conditions warrant and funds permit. Such agreements for additional work shall be made
in writing and agreed to by signature of both parties.
According to the COUNTY's formal agreement with Florida Fish & Wildlife Conservation Commission,
contractors working on invasive exotic removal projects must adhere to the following protocol:
Mandatory decontamination protocols must be followed for vehicles and equipment prior to entering
Monroe County from areas outside of the County.
When moving equipment from site to site within Monroe County, decontamination requirements will be
at the discretion of the County and will be dependent upon the exotic species that were treated at the
previous site and on the nature of the treatment sites.
If decontamination is required by the County then the contractor must utilize a designated
decontamination site within Monroe County. The County shall supply the contractor with a list of
designated decontamination sites if necessary.
Decontamination protocols:
All equipment including but not limited to vehicles, trailer, ATV's, and chippers must be cleaned with a
pressure washer (at a County approved facility). Decontamination protocols include spraying down all
equipment surfaces including the undercarriage and tires to insure that mud, vegetative debris and other
debris is not transported from the previous treatment site. Special attention will be paid to equipment
that has worked at sites where Lygodium, Cogon grass and other exotics specific to the mainland were
treated to prevent the spread of these species into Monroe County.
Equipment such as chain saws, loppers, etc. used for cut stump treatment must be wiped down and
cleaned so that they are free of debris.
Prior to the commencement of the project, the contractor and the County Land Steward shall discuss the
necessity for a decontamination plan. If the COUNTY requires a plan, then the contractor shall submit a brief
decontamination plan in writing, to the COUNTY for approval. The decontamination plan shall identity
specific decontamination procedures and decontamination sites. Decontamination protocols may vary
depending upon the nature of the treatment site, type of treatment conducted at the site, and the exotic
species that were treated.
Failure to comply with decontamination protocols constitutes reason for contract cancellation and dismissal
of the contractor.
While notice to proceed will be issued as soon as possible after the contract is final, the project timeframe
may be adjusted depending on seasonal conditions. All work must be completed by May 27, 2016
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Requirement to Use E- Verify. The CONTRACTOR must: (1) utilize the US Department of Homeland
Security's E -Verify system to verify the employment eligibility of all new employees hired by the
CONTRACTOR during the term of the Contract; and, (2) include in all subcontracts under this Contract, the
requirement that subcontractors performing work or providing services pursuant to this Contract utilize the
E- verify system to verify the employment eligibility of all new employees hired by the subcontractor during
the term of the subcontract.
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