Item H2BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 9, 2015 Department: Planning & Environmental Resources
Bulk Item: Yes X No— Staff Contact Person/Phone #: Beth Bergh/289-2511
AGENDA ITEM WORDING: Approval of Amendment No. 1 to Contract between Dot Palm
Landscaping, Inc. and Monroe County, extending the existing contract to May 27, 2016.
ITEM BACKGROUND: The Board approved a contract with Dot Palm Landscaping, Inc. for the
removal of invasive exotic plant species from Monroe County conservation lands on December 10,
2014 (the project was advertised in accordance with the County's purchasing procedures). The work
under the contract was completed in May 2015. However, the contract provides that up to two
extensions may be entered into after the project's completion date based upon the availability of
additional funding from the State. The County has received additional funds in the amount of $70,000
from the Florida Fish and Wildlife Conservation Commission for this purpose. An additional $15,000
will be paid out of Fund 160 (Monroe County Environmental Land Management and Restoration
Fund). This is the first of two potential extensions allowed for under the existing contract.
PREVIOUS RELEVANT BOCC ACTION:
December 10, 2014 - Approval of contract with Dot Palm Landscaping, Inc.
December 9, 2015 Approval of Task Assignment FK-129, under FWC Contract No. 13101, which
provides the County with $70,000 in funding for the removal of invasive exotic plants.
CONTRACT/AGREEMENT CHANGES:
Extension of the contract until May 27, 2016 or upon reaching the amount of $85,000, whichever
occurs first.
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $85,000 INDIRECT COST: BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE:
FWC Contract # 13101
COST TO COUNTY: $15,000 SOURCE OF FUNDS: Task Assignment FK-129
& Fund 160 (no ad valorem)
REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year
tillof -
APPROVED BY: County Atty , _ OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION:
Revised 7/09
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Dot Palm Landscaping Contract #
Effective Date: Upon execution
Expiration Date: May 27, 2016
Contract Purpose/Description:
Invasive Exotic Plant Removal -
Initial Treatment- Removal of invasive exotic plant
species from publicly owned conservation lands in Monroe County.
Contract Manager: Beth Bergh
2511 Planning & Env Resources/ 11
(Name)
(Ext.) (Department/Stop #)
for BOCC meeting on 12/9/15
Agenda Deadline: 11/20/15
CONTRACT COSTS
Total Dollar Value of Contract: $ 85,000 Current Year Portion: $
Budgeted? Yes® No ❑ Account Codes: - - -
Grant: $ 70,000 - - -
County Match: $ 15,000 - - -
Estimated Ongoing Costs: $0 /yr
(Not included in dollar value above)
Division Director
Risk Management
O.M.B./Purchasing
County Attorney
Comments:
ADDITIONAL COSTS
For:
(eg. maintenance, utilities, janitorial,
CONTRACT REVIEW
Changes
Date In Needed A
vi w
LUJJ1 Yes❑ NoE!( /
Yes❑ No❑f _.
Yes[] No,:,
Yes[:] No
85,000
etc.
Date Out
H
umti corm xevisea L/1 //u 1 muF #1
AMENDMENT NO. 1 TO CONTRACT
BETWEEN DOT PALM LANDSCAPING, INC.
AND MONROE COUNTY, FLORIDA
THIS FIRST AMENDMENT TO CONTRACT is made and entered into this 9`h day of
December, 2015, between Monroe County Board of County Commissioners (hereinafter
"COUNTY" or `BOCC") and Dot Palm Landscaping, Inc. (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 15, 2015; and
WHEREAS, Section 37 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 $70,000 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 $70,000 the County has received in State funding,
the County is contributing an additional $15,000 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 37 of said Contract.
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained herein
the parties agree as follows:
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 37 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
$85,000.00, 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 agreement is
$85,000.00. 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
May 15, , compensation shall be only for the amount of work completed, regardless of
the cause of any delay.
6. Section 37 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 $85,000. After May 27, 2016 May , this
Contract may be extended by mutual consent upon the same terms for one 1 twe-(2)
additional, future grit funding cycles, whether for a greater or smaller sum, and using a
different completion date, contingent upon County's receipt of grit funds specifically for
the purposes set forth herein.
7. 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
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the
j4day of aU I�2015.
(SEAL)
ATTEST: AMY HEAVILIN, CLERK
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
(CORPORATE SEAL)
ATTEST:
First Witness Signature
First Witness Printed Name
By r` V 1 r
Seco Witness 'gnature
$ cond Wit# s Printed Name —'
STATE OF F3or; 4-
COUNTY OF �yr.fu-Q
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
a
Mayor
DOT PALM LANDSCAPING, INC.
Print Name. h 6,ras6 r1
Title:
ryeSlj7,�V `-
MOANpAOE COpUNO TOR36Y
FOR
Date:
On this `U day of t 11 - 2015, before me the person whose name is
subscribed above, and who produced GL. �S— as identification, acknowledged
that he/she is the person who executed the above Contract for the purposes therein contained and
did QM�4
an oath.
0.
NotaPublic
\Cvrw Ek- L
Print Name II
My commission expires:
TANYA R. FRASER
Notary Public. State of Florida
$�
Seal
Commission N FF 186540
My oomm. expires Dea 30, 2018
EXHIBIT A
To Amendment Dated December 9, 2015
SCOPE OF SERVICES
REMOVAL OF INVASIVE EXOTIC PLANTS FROM
MONROE COUNTY CONSERVATION LANDS
PROJECT HISTORY
Monroe County currently owns or manages approximately 2,000 acres of conservation lands throughout the
Keys. Monroe County has received a funding from the Florida Fish & Wildlife Conservation Commission,
Invasive Plant Management Section, in the amount of $70,000 for contract labor for the removal of invasive
exotic plants on parcels selected by the Monroe County Land Steward. In addition, the County is providing a
local match of $15,000, bringing the total funding available for the project to $85,000. Work must be
completed by May 27, 2016 Inlay-15, 20I3.
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
area):
Upper Keys: Key Largo; Tavernier
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 larger units.
The majority of the sites are located in neighborhoods, adjacent to residences and roads. Work in
neighborhoods will require special considerations for safety, noise and appearance of the property. Level of
infestation varies by site, ranging from sparse exotics to 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
The project consists of the physical removal of all Category I and II Florida Exotic Pest Plant Council
(FLEPPC) listed species occurring on selected Monroe County conservation lands, followed by herbicide
application and chipping of all resulting biomass (except as described below for bowstring hemp and leadtree
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
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 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
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.
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
appropriate herbicide. Exotic vegetation must be removed and cannot be left standing (including Australian
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 damage to native vegetation and wildlife. The Contractor
is responsible for the initial herbicide treatment and removal of all the specified exotic species.
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. The herbicide 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.
Invasive exotic plant species shall be treated with herbicide as follows:
Tar et 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 s
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 terebinthi olius
10-15% Garlon 4 applied to stump's cut surface and sides
Lead tree
30% Garlon 4 applied to stump's cut surface and sides
Leucaena leucoce hala
Seaside mahoe
50% Garlon 3A applied to cut surface immediately upon cutting
Thes esia o ulnea
All mature (brown) lead tree (Leucaena leucocephala) seeds will be bagged and left on the site for disposal
by the County. Bowstring hemp (Sansevieria hyacinthoides) must be physically removed, ensuring that the
entire root has been removed. Resulting plant material 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 Monroe County Land Steward, the mulch will be neatly piled
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
Solid Waste.
In summary, vegetative debris resulting from the exotic removal work will be disposed of in one of the
following ways (as determined by the County Land Steward):
1. Chipped by the contractor and spread evenly across 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
Steward determines that on -site disposal is not an option); or
4. Sections of tree trunk that are too large for the 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 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. There are
no reimbursable expenses. The project is complete when the total cost per hour reaches $85,000 or on
May 27. 2016 May 13, 2015, 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 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 County staff 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 submit the completed forms to the County every two weeks. The Monroe 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 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 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 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
maybe adjusted depending on seasonal conditions. All work must be completed by May 27, 2016A4ay I-s,
204.
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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