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2009-08FOREST ENVIRONMENTAL SOLUTIONS, LLC PROFESSIONAL FORESTRY SERVICES AGREEMENT PRESCRIBED BURN MANAGEMENT PLAN THIS AGREEMENT is made between Forest Environmental Solutions, LLC, P.O. Box 145, Dade City, FL 33526-0145, hereinafter referred to as "FES", and the City of Clermont -Inland Groves Tract, hereinafter referred to as "Owner", for the purpose of defining the professional forestry services to be provided by FES, on approximately 219 acres of land owned by Owner, located within Section 14, Township 22 South, Range 25 East, Lake County, Florida. The prescribed burn management plan is being developed for five parcels identified by the Lake County Property Appraiser's Offtce with the following Alternate Key Numbers: 1303192 - 5 acres 1303206 - 176 acres 1781744 - 2 acres 1742889 - 17 acres 3853645 - 20 acres DUTIES OF FES: For a period of three (3) months from the date of this agreement, with mutually agreeable provisions for an extension, Owner retains and grants to FES, the exclusive right to provide the following forestry services: 1. Inspect property and gather necessary field data. Allow for three (3) meetings with City officials regarding the development of the prescribed burn management plan. 3. Utilize GPS/GIS technology to properly map and delineate prescribed burn blocks and firelines. 4. Write a prescribed burn management plan to include the following: a. Description of property. b. Map of property and surrounding communities. c. Develop prescribed burn communication plan for surrounding communities. d. Creation of burn blocks within property coordinating efforts with pre-existing management plan. e. Description of burn blocks and vegetative communities found within. f. Creation of burn block and smoke management maps including location and type of fire lines. g. Recommended weather parameters to safely conduct prescribed burns in each burn block. h. Recommended personnel and equipment needed to safely conduct the burn. P.O. BOX 145 DADS CITY, FL 33526-0145 PHONE: (352) 206-8776 FAX: (866) 410-8776 VVWW.FESFL.COM City of Clermont Inland Groves Tract FES-08-073 March 10, 2009 Page ~2 i. Description of prescribed burn methodology, alternatives to burning, and mop-up requirements. j. Detailed burn prescriptions for each burn block. k. Develop communication plan for interagency notification. 1. Plan to be completed no later than June 30, 2009. Any additional services, including but not limited to fire-lines, mulching/mowing, chopping, prescribed burning, or herbicide application, identified in the prescribed burning management plan, are not included in this Agreement. Fees for these services shall be provided in a separate professional service agreement. DUTIES OF OWNER 1. Owner agrees to pay FES a flat fee of $2,250.00 for the development of the prescribed burn management plan. Payment shall be made by Owner within thirty (30) days of receipt and approval of the plan by Owner. 2. All ordinary expenses incurred by FES including labor, aerial photographs, equipment and others are included in this fee. REQUESTED MEETINGS The extent and number of meetings, other than the three (3) previously identified, are not known and none are proposed. Additional meetings requested by Owner, Owner's legal counsel, Owner's surveyor, or by regulatory agencies will be considered outside the above work scope and will be invoiced on a time-and- material (T/NI) basis per the current rate schedule. The current hourly rate for FES foresters is $70.00 per hour and the 2009 IRS Standard Mileage Rate of $0.55 per mile driven. FES does not consider verbal requests to attend meetings as authorization. In order to protect both FES and the Owner, written authorization from the Owner is required. Written requests/authorization can be sent to the following address: Forest Environmental Solutions, LLC P.O. Box 145 Dade City, FL 33526-0145 Or electronically to: JOE(a~.FESFL.com SCOPE OF SERVICES Requested studies and/or work items outside the above-described services will be considered additional work and will be invoiced on atime-and-material (T/NI) basis per the current rate schedule or by separate letter agreement. The current hourly rate for FES foresters is $70.00 per hour and the 2009 IRS Standard Mileage Rate of $0.55 per mile driven. FES does not consider verbal requests to provide additional services as authorization. In order to protect both FES and the Owner, written authorization from the Owner is required. A summary of the proposed scope of work, along with the associated timeframes for completion and fees is provided in Table 1. City of Clermont Inland Groves Tract FES-08-073 March 10, 2009 1'a~~e (3 Table 1: Proposed Scope of Work Task Time Frame Cost Prescribed Burn June 30, 2009 $2,250.00 Mana ement Plan ATTORNEY FEES In the event any disputes arise between the parties concerning the enforcement of this Agreement, the prevailing party in any resulting litigation is entitled to recover their reasonable attorney fees. VENUE In the event legal proceedings are initiated by either parry concerning this agreement, venue of the proceedings shall be in Lake County, Florida. MISCELLANEOUS FES agrees to perform the assigned responsibilities and duties faithfully, intelligently, and to the best of its ability, and in the best interest of Owner during the term of this Agreement. All services provided shall be performed in accordance with this Agreement and with any and all applicable law, professional standards, and guidelines. This Agreement shall take effect when executed by both parties and shall continue, unless terminated for cause, until the services contemplated and authorized herein have been completed, whereupon, it will automatically expire. The parties agree that at all times and for all purposes within the scope of this Agreement, the relationship of FES and Owner is that of an independent contractor. Project Forester Date: March 10. 2009 By: Forest Environmental Solutions, LLC ~~,~t Joseph M. Gocsik Managing Member Date: ~ r ~ ~ Yl ~'~. ~~ ~l Owner By. ._ City of Clermont