5. 2nd Amendment 10/19/2016 ; -----....
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LIN, CPA
� CLERK OF CIRCUIT COURT & COMPTROLLER
,�� = -'1 MONROE COUNTY, FLORIDA am
DATE: November 21, 2016
TO: Mayte Santamaria
Senior Director, Planning and Environmental Resources
ATTIC• Beth Bergh
FROM: Cheryl Robertson Executive Aide to the Clerk of Court & Comptroller ti)-'
At the October 19, 2016 Board of County Commissioner's meeting the Board granted approval and
execution of the following Item L2 Approval of Amendment No. 2 to Contract between Dot Palm
Landscaping, Inc. and Monroe County, extending the existing contract to May 12, 2017, in an amount of
$85,000 ($70,00 grant funded and $15,000 County Restoration Funds), for invasive exotic plan removal
from County and Land Authority owned parcels
Enclosed is a duplicate original of the above - mentioned for your handling. Should you have any
questions, please feel free to contact our office.
cc: County Attorney
Finance
File i /
500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305- 295 -3130 Fax: 305 - 295 -3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305 -289 -6027 Fax: 305- 289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305 - 852 -7146
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AMENDMENT NO. 2 TO CONTRACT
BETWEEN DOT PALM LANDSCAPING, INC. ,
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AND MONROE t(IUNTY, FLORIDA Ili
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THIS FIRST AMENDMENT TO 04141FRACT is made and entered into this 19th day of
October 2016, between Monroe County Boarda County Commissioners (hereinafter "COUNTY"
or "BOCC") and Dot Palm Landscaping, Inc. (litivinafter "CONTRACTOR").
WITNESSETH: 1
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WHEREAS, the COUNTY and CONTRACTOR (hereinafter "Parties") entered into a
Contract (hereinafter "Contract") on Decembee0, 2014, for the removal of invasive exotic plant
species from Monroe County conservation langand 1
WHEREAS, the Parties mutually agree that the scope of work under said Contract was ,
completed on May 15, 2015; and
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A. 1
WHEREAS, Section 37 of said Contracceuthorizes the extension of services by the mutual ,
consent of the undersigned parties and upon theleme terms of said Contract for two (2) additional,
future funding cycles, whether for a greater or siitlidler sum, and using a different completion date, 1
contingent upon the County's receipt of funds siDecifically for the purposes set forth herein; and I
IR A
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WHEREAS, the Parties entered into Coraract Amendment No. 1 on December 9, 2015 and
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the Parties mutually agree that the scope of wolik ender said Contract Amendment was completed
on May 27, 2016; and
WHEREAS, the County has received an additional $70,000 in funding for FY 2016-2017 I
from the State's Florida Fish and Wildlife Consefevation Commission's Invasive Plant Management
Section for the removal of invasive exotic plantetrom Monroe County conservation lands; and
WHEREAS, in addition to the aforesai070,000 the County has received in State funding,
the County is contributing an additional $15,000 this project from the Monroe County
Environmental Land Management and Restoratibn Fund; and
,
WHEREAS, this Amendment No. 2 to Contract (hereinafter "Contract Extension") is the
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second of two extensions authorized under Section 37 of said Contract.
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NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained herein
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the parties agree as follows: 11
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1. The recitals contained herein are true and correct and are hereby incorporated as if fully I
stated herein. l
2. The original Contract between the parties and Contract Amendment No. 1 are attached to
this Contract Extension and made a part of it as if fully stated herein.
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3. The parties mutually consent to exercise the original Contract's Section 37 provision
authorizing the extension of services upon the same terms of the original agreement for an .
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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 upi}n the reaching of the maximum amount of �!
$85,000.00, or upon the date of May 12,:2017, whichever occurs first.
5. Section 4.1 of said original Contract is hereby amended as follows:
The maximum compensation available tdhe CONTRACTOR under this agreement is
$85,000.00. The COUNTY agrees to pa9 the CONTRACTOR based on completion of work
within the Scope of Services correspondi g as Exhibit "A" to this Contract Extension,
according to progress reports and other c}acumentation to show the hours expended by each
of the CONTRACTOR'S on -site staff. There will be a 5% retainage by COUNTY until the .I x
kill rate requirements established in the said work under said Scope of Services are satisfied.
Because said work under said Scope of Services must be completed by May 12, 2017, :!
compensation shall be only for the amot of work completed, regardless of the cause of ; ' �j
any delay.
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6. Section 37 of said original Contract is hereby amended as follows: _.
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The work under this Contract is to be completed by May 12, 2017, or upon reaching the
maximum amount of $85,000. After May 12, 2017, this Contract may not be extended.
7. All of the other terms, covenants, conditions, and provisions of said original Contract dated
December 10, 2014 and Contract Ameninent No. 1 dated December 9, 2015, except those
expressly modified and rendered inconsistent by this Contract Extension, remain in full
force and effect and binding upon the Parties.
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REMAINDER OF PAGE INTENTIONALLY LEFT BLANK I�
SIGNATURE PAGE TO FOLLOW `i !
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the I
day of 2016.
(SEAL)
g4( AMY HEAVILIN, CLERK BOARD OF COUNTY COMMISSIONERS
i f • ,, i. ■ Q . ' •E COUNTY, FLORIDA OF MONROE C T LORIDA
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T -a�y
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(CORPORATE SEAL) 74 r o ii
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ATTEST: DOT PALM LANDSCAPING, INC— A - ! F ;
it's— ildb\—' ia" :-"-'
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By B _- o _;
Fir Witness Signature *" C Q 1
M A . 4e., °01 Print Name� 4 -<- !-(4Rx.Sn -J
Fir t Witness Printed N e 1 t
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By J ? / � I ,
Title: ( ,)Z 1 '
d Witness nature MONROE COUNTY ATTORNEY
tC APPROVED AS TO FORM
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Second Witness Printed Name �� -�'-- i�
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STATE OF 7 �CS,rs ----. 11vETER MORRIS
,/y� ASSISTANT C LINTY ATTORNEY
COUNTY OF I �QY�,�CSe
D ate: a1(c) '�
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On this 2 J day of 2016, before me the person whose name is
subscribed above, and who produced L ,l----- as identification, acknowledged f
that he /she is the person who executed the above Contract for the purposes therein contained and
did swe r an oath. i
��v _ pew TANYA R. FRASER i
- Notary Public, State of Florida
Notary Pu • is i �a Commission# FF 186540
M comm. expires Dec. 30, 2018
Print Name , II 7
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My commission expires: tg-- k ..4 t (I ' Seal
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EXHIBIT A
To Amendment Dated October 19, 2016 r
SCOPE Of SERVICES
A
REMOVAL OF INVASIV EXOTIC PLANTS FROM
MONROE COUNTY CONSERVATION LANDS
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PROJECT HISTORY i
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Monroe County currently owns or manages approximately 2,000 acres of conservation lands throughout the
Keys. Monroe County has 'received a funding from , Florida Fish & Wildlife Conservation Commission, �, f
Invas Plant Management Section, in the amount a$70,000 for contract labor for the removal of invasive ' E
exotic plants on parcels selected by the Monroe Coot Land Steward. In addition, the County is providing a
local match of $15,000, bringing the total funding a■ailable for the project to $85,000. Work must be
completed by May 12, 2017.
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 sites that have not already been
treated in the Lower and Upper Keys identified below(the majority of the sites are within the Lower Keys I i
area): Iti
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tea ts; 3
Upper Keys: Key Largo; Tavernier x ` ' i
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Lower Keys: Sugarloaf Keys; Cudjoe Key; Sumttland Key; Ramrod Key; Torch Keys; Big Pine Key i
Most individual parcels are only 0.1 acres in size, but many are contiguous and combine to form larger units. J ori
The majority acent to residences and roads. Work in
h of the sites are located in neighborhoods, � ; adjacent J
neighborhoods will require special considerations foc gafety, noise and appearance of the property. Level of ' t i
infestation varies by site, ranging from sparse exotics xo dense stands of Brazilian pepper.
There are no plans or maps for the project area. The selected contractor will be given a list of parcels and
aerial maps of the work sites.
SCOPE OF WORK
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The project consists of the physical removal of all Category I and II Florida Exotic Pest Plant Council t
(FLEPPC) listed species occurring on selected Monroe County conservation lands, followed by herbicide t
application and chipping of all resulting biomass (except as described below for bowstring hemp and leadtree 1 t
seeds). The contractor will manage the project including the scheduling, subcontracting as necessary, labor,
monitoring and reporting progress. The County will supply locations and maps of project sites. The success
of the project depends on the thoroughness of the invasive exotic removal. Work must be performed during l
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. I
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The County conservation lands contain a wide variety. of exotics ranging from grasses to large trees.
Different areas of the Keys have different species of concern but Brazilian pepper, Australian pine, Asiatic
colubrina, lead tree, seaside mahoe, non - native scaevola and bowstring hemp are the most abundant. Most of I
the sites include a mixture of native vegetation and invasive exotic vegetation. The native vegetation must
not be disturbed during the invasive exotic removal. The majority of the sites will be located in uplands, but
a few may be adjacent to wetlands (including mangroves). Heavy equipment may not be used in wetlands
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and mulch may not be placed in wetlands. . -.
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Most sites are within neighborhoods and are easily accessed from adjacent roads. Contractor must be
experienced in working close to houses and other structures.
Every invasive exotic species listed by Florida EPPC'Will be either hand - pulled or cut down and treated with i r
herbicide. Exotic vegetation must be removed and cannot be left standing i
appropriate g g (including Australian t
pines). A "Gyro -trac" or similar forestry machine may not be used for this project. Work may require a
bucket truck. Every effort shall be made to avoid da4ge to native vegetation and wildlife. The Contractor
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is responsible for the initial herbicide treatment and,fetnoval of all the specified exotic species.
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Each cut lant will be cut as low to the ground as possible. Cuts will be made level to the ground to
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minimize herbicide runoff prior to absorption. The'rbicide will be applied using a low- pressure spray to
minimize drift and non - target damage. A dye shall be used to facilitate identification of treated stems. An
appropriate herbicide shall be applied within one (1) Minute of stump preparation.
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Invasive exotic plant species shall be treated with herbicide as follows: 1 F
Target Species Treatment Method
Asiatic colubrina 50% Garlon 3A app>< to cut surface immediately after cut or ;;
(Colubrina asiatica) 20% Garlon 4 appli4 .to stump's cut surface and sides s
A pine 50% Garlon 3A apph'ecl to cut surface immediately after cut or F
(Casuarina spp) 20% Garlon 4 applied to stump's cut surface and sides i
Beach naupaka 50% Garlon 3A app }ied to cut surface immediately after cut or I
(Scaevola sericea) 10% Garlon 4 applito stump's cut surface and sides i i
Brazilian pepper 50% Garlon 3A app1 d to cut surface immediately after cut or
(Schinus terebinthifolius) 10 - 15% Garlon 4 ap fi to stump's cut surface and sides
Lead tree 30% Garlon 4 applied$to stump's cut surface and sides if
(Leucaena leucocephala) ,
Seaside mahoe 50% Garlon 3A applti to cut surface immediately upon cutting
(Thespesia populnea) I
All mature (brown) lead tree (Leucaena leucocephala) seeds will be bagged and left on the site for disposal
by the County. Bowstring hemp (Sansevieria hyacinlhoides) must be physically removed, ensuring that the
entire root has been removed. Resulting plant materil may either be bagged or neatly piled on site (adjacent
to the road) for County pick up. All other vegetative debris will be chipped in place. On sites where the
mulch is to be removed, as determined by the Monro‘County Land Steward, the mulch will be neatly piled I� 4
by the road for pickup by Monroe County Solid Waste. On sites where the mulch is to remain, the mulch
must be spread neatly across the site without covering remaining native vegetation. Logs that are too large ,
for the chipper must be cut into 4 ft lengths and neatly stacked by the road for pickup by Monroe County 1, f
Solid Waste.
In summary, vegetative debris resulting from the exotic removal work will be disposed of in one of the
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following ways (as determined by the County Land Steward):
1. Chipped by the contractor and spread evenly cross the site; or
2. Chipped and 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. Chipped and piled on the site by the contractor and removed from the site by the County (if Land t `'
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Steward determines that on -site disposal is not an option); or 1
4. Sections of tree trunk that are too large for this chipper may be cut into four foot lengths and piled on (..
site by the Contractor for eventual disposal by the County. !
The Contractor will not be required to transport or pay for the disposal of any vegetative waste created by the ,
project, unless they keep the mulch for their own purposes.
The Contractor will provide all necessary equipment to complete the project including hand tools, chainsaws,
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chippers, vehicles, bucket truck, sprayers, garbage b ti and personal protective equipment. The Contractor
will also provide all materials for treatment (includiriglierbicide and adjuvants) and ensure proper disposal of
herbicide and adjuvant containers and will strictly ire to all herbicide label application, precautionary, II
and safety statements. , t
The Contractor shall be paid according to the h 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 There are (
no reimbursable expenses. The project is complete when the total cost per hour reaches $85,000 or on
May 12, 2017, whichever occurs first.
All herbicide treatments shall be at least 95% effective in preventing re- sprout of treated plants. If 95% kill
rate is not achieved for any area of the project after do (2) months past initial project completion; one
additional treatment of the exotic plants in the probletn 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 y' F:
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 I j
Steward on a daily / weekly basis; 2) all control activities and safety on project sites; 3) assuring that all It
crews are knowledgeable of, and remain within property and treatment boundaries; 4) assuring appropriate I
herbicide labels and Material Safety Data Sheets (MSI5S)are on site; 5) avoiding damage to native vegetation 1 i
and wildlife; and 6) strict adherence to all herbicide Oel application, precautionary, safety statements.
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Ground crew supervisors shall be certified by the FlRatla Department of Agriculture and Consumer Services ,
in the Natural Areas category. The County reserves tle right to disqualify prospective bidders who have I I
violations of the Rules of Chapter 62C -20, F.A.0 , or Other state or federal laws or regulations related to .I
pesticide use or aquatic plant control resolved by mediation, Consent Order, or fine within the two (2)
previous years. s
Crew supervisors must meet with County staff on a rular basis to discuss the progress of the project and to
determine priority areas for treatment. The contracts; shall complete "Daily Progress Reports for Invasive
Plant Control" and submit the completed forms to the County every two weeks. The Mom County Land
Steward will submit permit applications for the proposed exotic removals, however the Contractor is required
to keep the permit with the crew while working on -site.
The contractor must hold a valid Monroe County bu lness 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
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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 ,I
agreement as field conditions warrant and funds perrtiit. Such agreements for additional work shall be made I
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. I
• When moving equipment from site to site withiriMonroe County, decontamination requirements will be f
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 I i
decontamination site within Monroe County The County shall supply the contractor with a list of ' �
designated decontamination sites if necessary. ; ;'
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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,nd 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 and other exotics specific to the mainland were
treated to prevent the spread of these species into`Monroe County. !
• Equipment such as chain saws, Toppers, etc. useft.for cut stump treatment must be wiped down and jE
cleaned so that they are free of debris.,;
Prior to the commencement of an invasive species removal 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 an writing, to the County for approval. The ;� 3
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. M1 work must be completed by May 12, 2017.
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 ; E
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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A c CERTIFICATE OF LIABILITY INSURANCE CATE ""MI°DMVYY)
10/1 8/2016
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: if the certificate holder Is an ADDITIONAL INSURED, the policy(es) must be endorsed. If SUBROGATION IS WAIVED, subject to '
the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsement(s).
PRODUCER CONTACT
NAM
Bouchard Insurance for WBS PHONE (866) 2g� 3B00 ext. 623
P.O.Box 6090 1 IAAIxt, Net:
EMAIL
Clearwater, FL 33758.6090 ADOORES&
INSURER(S) AFFORDING COVERAGE RAE e
INSURER : American Zurich Insurance Company 40142
INSURED
INSURER :
Workforce Business Services, Inc. AIL Emp: Dot Palm Landscaping Inc s
1401 Manatee Ave. West Ste 600 INSURER C :
Bradenton, FL 34205.6708 INSURER D :
INSURER E :
INSURER F:
COVERAGES CERTIFICATE NUMBER:15FL079813759 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY CLAIMS.
LS I TYPE OF INSURANCE 114301 WVO I POLICY NUMBER I IMMAD YYI 1 r jimmyyY I
LIMITS
COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE 1
CLAIMS -MADE n OCCUR DAMAGE TO RENTED
PREMISES ID occ /renal S
MEO EXP (My one person) 3
PERSONAL S ADV INJURY S
GEN1 AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S
R POLICY 1 I A LOC PRODUCTS - COMP/OPAGO S ,
OTHER
1
AUTOMOBILE LIABILITY COMBINED SINGLE LIMI I S
— ' (Ea accident)
— ANY AUTO BODILY INJURY (Per person) 3
ALL OWNED — SCHEDULED
AUTOS AUTOS BODILY INJURY (Per accident) S
HIRED AUTOS �� ED DAMAGE S
S
UMBRELLA LIAR OCCUR EACH OCCURRENCE S
EXCESS LIAB CLASIS,MADE_ AGGREGATE ...
OED 1 I RETENTION S S
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y/ N X I STATUTE I I ER
A oFFICEPRMEI9ERExcLUDEIYI CUTIVE 0 NIA WC 90-00-818-05 12/31/2015 12/31/2016 EL. EACH ACCIDENT s 1,000,000
Mandatary dsscflb rmdsr E.L. DISEASE - EA EMPLOYEES 1,000,000
DESCRIPTION OF OPERATIONS below E.L DISEASE - POLICY LIMIT , S 1,000,000
Location Coverage Period: 12/31/2015 12/31/2016 Client# 053615
DESCRIPTION OF OPERATIONS f LOCATIONS 1 VEHICLES (ACORD 10I, Addklonal Remarks Schedule, may be attached N mere space Is red)
Cowrape b provktW br Dot Palm Landscaping Inc
only those y 5200 Overseas Hwy t i i�
ot, but not suboxeracton Marathon, FL 33050 • .. • • e ?..
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CERTIFICATE HOLDER CANCELLATION
Monroe County BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
1200 Simonton Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Key West, FL 33040 ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
'----W,....._ .
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O 192014 ACORD CORPORATION. All rights reserved.
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