Loading...
02/19/1997 CONTRACT THIS AGREEMENT, made and entered into this I q ~ day of ~#'tAtt/~ ' 1997, between MONROE COUNTY, Florida (OWNER), and ANIMAL ISPOSAL & PRIVATE CREMATIONS, (CONTRACTOR) : WITNESSETH That the parties, hereto, for the consideration hereinafter set forth, mutually agree as follows: I. SCOPE OF WORK The CONTRACTOR shall furnish all labor and equipment necessary for the mass disposals of animal carcasses from the Animal Control Shelters located throughout Monroe County. Shelter locations are: 5230 College Road, Stock Island, Key West, FL 33040; Route 1 Box 830, Industrial Road, Big Pine Key, FL 33042; 10600 Aviation Blvd., Marathon, FL 33050; and, 105951 U.S. #1, Overseas Highway, Key Largo, FL 33037. OWNER agrees to place all animal carcasses in plastic ",?ags and, seal" such bags properly. CONTRACTOR is responsible for unl~ding: carcasses from OWNER'S freezers located within the _. slielte::2 . an~ transporting to CONTRACTOR'S vehicle. Carcasses will be picked ip og:-; a once every two weeks basis and transported to an approved h~aneu Disposal Facility. .0 ;~ :D .' ::........ r'_ '. ,; o :::J '_J INDEPENDENT CONTRACTOR . . -> II. 0, At all times and for all purposes under this agreement the CONTRACTOR is an independent contractor and not an employee of the BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY. No statement contained in this agreement shall be construed so as to find the CONTRACTOR or any of his/her employees, contractors, servants, or agents to be employees of the BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY. III. ASSURANCE AGAINST DISCRIMINATION The CONTRACTOR shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreemen t. IV. ASSIGNMENT The CONTRACTOR shall not assign this agreement, except in writing and with the prior written approval of the BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY and CONTRACTOR, which approval shall be subject to such conditions and provisions as the OWNER and CONTRACTOR may deem necessary. This agreement shall be incorporated by reference into any assignment and any assignee shall comply with all of the provisions of this agreement. Unless expressly provided therein, such approval shall in no manner or event be deemed to impose any obligation upon the OWNER in addition to the total agreed-upon price of the services/ goods of the CONTRACTOR. V. COMPLIANCE WITH LAW In providing all services/goods pursuant to this agreement, the CONTRACTOR shall abide by all statutes, ordinances, rules, and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the OWNER to terminate this contract immediately upon the delivery of written notice of termination to the CONTRACTOR. VI. INSURANCE CONTRACTOR will be responsible for all necessary insurance coverage as indicated in the attached General Insurance Requirements form and as further detailed in forms GLl, VLl and WCl, also attached hereto. VII. HOLD HARMLESS The CONTRACTOR shall defend, indemnify and hold harmless the County as outlined on the attached form identified as TCS. VIII. TERM OF CONTRACT This contract shall begin on MARCH 12, 1997, and end on MARCH 11, 1998. This Contract term shall be renewable in accordance with Article X. IX. CANCELLATION Either of the parties hereto may cancel this agreement with or without cause by giving the other party sixty (60) days written notice sent certified mail of its intention to do so. 2 X. RENEWAL The OWNER shall have the option to renew this agreement after the first year, and each succeeding year, for two additional one year periods. The contract amount agreed herein may be adjusted annually in accordance with the percentage change in the Consumer Price Index (CPI)) for Wage Earners and Clerical Workers in the Miami, Florida, area index, and shall be based upon the annual average CPI computation from January 1 through December 31 of the previous year. XI. FUNDING AVAILABILITY In the event that funds from Animal Control Contractual Services are partially reduced or cannot be obtained or cannot be continued at a level sufficient to allow for the purchase of the services/ goods specified herein, this agreement may then be terminated immediately at the option of the OWNER by written notice of termination delivered in person or by mail to the CONTRACTOR. The OWNER shall not be obligated to pay for any services provided by the CONTRACTOR after the CONTRACTOR has received written notice of termination. XII. PROFESSIONAL RESPONSIBILITY The CONTRACTOR warrants that it is authorized by law to engage in the performance of the activities encompassed by the project herein described. The provider shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. Continued funding by the OWNER is contingent upon retention of appropriate local, state, and/ or federal certification and/ or licensure of CONTRACTOR. XIII. NOTICE REQUIREMENT Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by . certified mail, returned receipt requested, to the following: FOR COUNTY FOR CONTRACTOR Monroe County Public Works 5230 College Rd. ATIN: Animal Control Director Animal Disposal & Private Cremations 1090 1 West Flagler Street Miami, FI 33174 3 XIV. PAYMENT Payment by the County to Animal Disposal & Private Cremations for the performance of said service on a per month in arrears basis on or before the 15th day of the following month in each twelve (12) months, and shall be at a rate of five dollars eighty-three cents ($5.83) per carcass. (The aforementioned charge does not apply to very large animals such as horses and cows). Pigs and goats shall be at a rate of seven dollars fifty- two cents ($7.52) per carcass. The total dollar value of this contract shall not exceed eighteen thousand dollars ($18,000.00) per year. XV. PUBLIC ENTITIES CRIME STATEMENT. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with public entity for construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. (CATEGORY TWO: $3,000.00). Attest: 4 COUNTY OF MONROE, STATE OF FLORIDA By ANIMAL DISPOSAL & PRIVATE CREMATIONS ~~- 1996 Edilion lUSK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL General Insurance Requirements for Other Contractors and Subcontractors As a pre-requisite of the work governed, or the goods supplied under this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in any attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend pro,tection to all Subcontractors engaged by the Contractor. As an alternative, \he Contractor may require all Subcontractors to obtain insurance consistent with tbe attacbed scbedules. The Contractor will not be permitted to commence work governed by this contract (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure oftbe Contractor to provide satisfactory evidence of the required insurance, shall n.pt extend deadlines specified in this contract and any penalties and failure to perfoffi1 assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor sl1kll maintain the required insurance throughout the entire term of this contract and any extensions spccified in the attached schedules. Failure to :coIDply wiY1 tl1,is_provision may result in the immediate suspension of all work until the required'insudmce has-been reinstated or replaced. Delays in tbe completion of work resulting from the failure of the Contractor to maintain tbe required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor shall provide, tt) the County, as satisfactory evidence of the required insurance, either: · Certificate of Insurance or · A Certified copy of the actual insurance policy. TheCounty, at its sole option, has tbe right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that tbey are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimun1 of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. Administration Instruction #4709.2 14 1996 Edition TIle Monroe County Board of County Commissioncrs, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. Any deviations from thesc Gcncral Insurancc Rcquircmcnts must bc rcqucstcd in writing on thc COWlly prcparcd fonn entitlcd "Request for Waiver of Insurance Requirements" and approvcd by Monroc County Risk Managcmcnt. .' " L: " ~~ --, '.t Administration Instruction 114709.2 15 1996 Edition GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLOIUDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimwn: · Premis.es Operations · Products and Completed Operations · Blanket Contractual Liability · Personal Injury Liability . · Expanded Definition of Property Damage The minimwn limits acceptable shall be: I $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: ,f $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage '- '- , ~- , '-. An Occurrence Fonn policy is'preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimwn of twelve (12) months following the acceptance of work by the County. ' The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. GLl Administration Instruction #4709.2 49 , 1996 Edition VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract requires the use of vehicles, the ContraCtor, prior to the conUllencement of work, shall obtain V chicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimwn, liability coverage for: · Ov,'I1ed, Non-Owned, and Hired Verucles The minimum limits acceptable shall be: $100,000 Combined Single Limit (CSL) I If split limits are providcd, thc minimwn limits acccptable shall be: $ 50,000 ;pcr Person $100,000 per Occurrence $ 25,000 Property Damage ~- The Monroe County Board of County Commissioners shal1 be named as Additional Insured on all policies issued to satisfy the above requirements. -t -.t VLl Administration Instruction 114709.2 81 1996 Edilion WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the conmlenccment of work governed by tIlis contract, thc Contractor shall obtain Workcrs' Compcnsation Insurance with limits sufficient to rcspond to Florida Statute 440. " In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less ilian: ' $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be/maintained throughout the entirc tcrm of the contract. Coverage shall be provided by a company or companies authorizcd to transact business in the state of Florida. " " If the Contractor has been approved by the Florida's Department of L~bor, aSt<<n autporized self- insurer, the County shaH recognize and honor the Contractor's status. The Contractor may be required to submit a Lctter of Authorization issued by thc Department of Labor and a Certificate ofInsurance, providing dctails_ on the Contractor's Excess Insurance Progranl. If ilie Contractor participatcs in. a self-insurance fund, a Ccrtificate ofInsurancc will bc required. In addition, ilic Contractor may'- be required to submit updated financial statements from thc fund upon rcquest from ilie County.~ . wel Administration Instruction #4709.2 88 1996 Edition MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL Indemnification and Hold Harmless for Other Contractors and Subcontractors The Contractor covenants and agrees to indc;nmify and hold harmless Monroe County Board of COW1ty Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property o~'I1ed by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of The Contractor or its Subcontractors in any tier, their employees, or agents. h In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall iqdemnify the County from any and all increased expenses resulting from such delay. ' The fust ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. ...- ~:.:..::. : The extent of liability is in no way limited to, reduced, or lessened by -the insurance'requirements contained elsewhere within this agreement. -$ '1 TCS Administration Instruction #4709.2 97 SWORN STATEIvfENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE I S J-., Cttr~ o..n I()S Av11 mAl VI 5fOS~S ,..... frl' Vtll k warrants that helit has not employed, retained Cr€4Y\~f, MS or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance no. 10-1990 or any County officer or emplQyee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation.ofthis provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price,. or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to ~-he former County officer or employee. ~~,~~ (signature) Date: 0 2- - 2B - / :;z... STATE OF ?-GDR-/D4' r:.-~ COUNTY OF '- . /9'v.E PERSONALL Y APPEARED BEFORE ME, the undersigned authority, C:Z/9/'2-ILIEc.. ~A.)7"5 who, after first being sworn by me, affixed hislher sigJlllture (name of individual signing) in the space provided above on this "28 day of -;fL' ~?2C{//1:>~ ;Q pCt...CYZ.-lCQ9 )>2..J /I E/l..- L--N!. /lS rp~Jry~cn T/DN . ~/Z.tIR/t../ ,199 r / - I,. '-(.r.~'IJ:;:" JUAN DAVID TOBON ~W: "'f;"E fl'( COMMISSION' CC 472093 : . :~i EXPIRES: June 14.1999 '" ,,- Bonded 1lml NolIry PublIc lJndeIWI11Illi , n' My commission expires: MCP#4 ..... PRODUCER 305-591 -0090 TillS CERTIFICATE IS ISSUED AS A MAITER OF INFORMATION ONLY AND CONFERS NO RlGIITS UPON TIlE CERTIFICATE HOWER. TillS CERTIFICATE Seitlin & Company DOES NOT AMEND, EXTEND OR AL TER.'J:IIE COVERAGE AFFORDED BY THE P. O. Box 025220 POliCIES BE'-OW, Miami, FL 33 1 02-5220 COMPANIES AFFORDING COVERAGE COMPANY A Hartford Fire Ins CO INSURED COMPANY B Twin City Fire Ins Co Pet Heaven Memorial Park COMPANY Att: Candy Santos C Hartford Ins Co of SE 10901 West Flaglar Street COMPANY Miami, FL 331 74 D ~~:#qYi~"i$.ff:t::::::t::::t;f::::::::l::::::l:::jI::f:{:::i::l:::::::f::::tt::::::f:::I:f:::::t::::::::J::::::ttl::::tt::::::I::::::j::::::f:{::i::::t:t:t:t::::f:::t:{::{::::m::it:t:m:::::tt::t:::::t::::::;:nt:m:;::mt:l::tttll:ttt:t:tf:t:::mmW:::tlW:::::n:ttlMl:@W::::m: TillS IS TO CERTIFY THAT TIlE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE roR THE POLICY PERIOD INDICATED. N01WITIIST ANDING ANY REQUIRRMENr, TERM OR CONDITION OF ANY CONrRACf OR OTHER DOCUMENr WITH RESPECfTO WIIICHTIUS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. TilE INSURANCE AFFORDED BY TIlE POLICIES DESCRIBED HEREIN IS SUBJECf TO ALL TIlE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SIlOWN MAY llAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY Err. POLICY EXP. LTR LIMITS DATE (MMIDDIYY) DATE (MMIDDIYY) GENERAL LIABILITY GENERAL AGGREGATE A COMM, GIlNERA!, LlA"'LITY 21 UUCKI3382 i 1231'<17 1 123/98 PRO~MP/OP AGG. CLAIMS MADE [K] OCCUR PERS. '" ADV. INJURY OWNER'S '" CONrRACf'S PROT EACH OCCURRENCE --- FIRE DAMAGE(On. tlre) - .- --- 1nnnn MED EXP(AnT on. penon) AurOMOBILE LIABILITY COMBINED SINGLE - A -K. ANY AurO 21 UUCKI3382 1 123/97 1 123/98 LIMIT 500000 ALL OWNED AurOS BODILY INJURY - SCHEDULED AurOS (p... penon) X lURED AurOS BODILY INJURY - IMlt-W',t. M Nl X NON.()WNED AurOS r..N'P()'JfJ) t lfi (P... _d..l) - /' - _..0 tA.2-J - PROPERTY DAMAGE . 1(1 ~ GARAGE LIABILITY I- ~. I /!:::J2 0 I L 'L_ AurO ONLY-EAACCIDENr I-- mmmm@tJ~~j~tfi{~~~~!~rf}ttJf ANY AurO O~i[ - :=bS OTIIER TlIAN AurO ONLY: I-- - EACH ACCIDENr I-- WA1VER: , f. AGGREGATE EXCESS LIABILITY u" 13 / r~ r 0 EACH OCCURRENCE R~BRELLA FORM L. f::; AGGREGATE OTHER TlIAN UMBRELLA roRM WORKERS COMPENSATION AND ISTATurORY LIMITS mmrtt!irffmmmr~frttftt EMPLOVERS' LIABILITY A 21 WECDR233 1 i 123/9'1 1 123/98 EACH ACCIDENr 100000 THE PROPRIETOR! R~NCL 500000 PARTNERSIEXEClTJ'IVE DISEASE-POLICY LIMIT omCERS ARE: EXCL DISEASE-EACH EMPL. 100000 OTHER DESCRIPTION OF OPERATJONSILOCATIONSIVEIIlCLESISPECIAL ITEMS CERTIFICATE HOLDER IS ADDITIONAL INSURED AS PER FORM HC2600(1 0/93) AS RESPECTS BUS.AUTO & GENERAL LIABILITY COVERAGE. NAMED INSURED CONTINUE: & PRIVATE CREMATION fCERTlFlCATE]tnLDERt:W;:lflf:::t:fftfM:rtititfit?W@@=:iittrtMMr:i@Hilfl@pKAAiEtJUATlrlNttt@@@Mt:tlitttt:t::i:i@M@:r:ti@t@tt:ri:::r:tt:~:trrr:tM:Mtt:tt:tmttirri:ittiti SHOUW ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE MONROE COUNTY, ANIMAL CONTROL EXPIRATION DATE TllEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYSWRrITKN NOTICE TO TIlE CERTIFICATE HOWER NAMED TO TIlE - DEPT., PUBLIC WORKS DIVISION LEIT, Bur FAILURE TO MAIL SUCH NOTICE SIIALL IMPOSE NO OBLIGATION OR 5230 COLLEGE ROAD LIABILITY OF ANY KIND UPON TilE COMPANY. ITS AGEM'S OR REPRESENr ATlVES. KEY WEST. FL. 33040 ,m,oM"nnva ~-l -- :=iA'CijlU5:1s~S:ijji9j~i;::;:::;:::;:it:::::;:::;:::;:f::;:::;:::;:::;:~=ii::::;:::;:::;:::;:::;:i=iri;i;rrrr;i(rrtt::t:::;:oWlW(:;:;:;:(:::;:::;:::;:::;:);;;:M:::;:::::;:f::;:irt:f;;:it;:::;:::f{f::;:ff;::W;::J:;f::;:i;i;irl;;::ifrr::::::::;~:fif;=:;;;:;tiff;rrr;i;:f;::;:;:;:;:::;::;::;;;;;;f;:;;;:f;:;tif;r;i;:lt;{{;ti:;;:;:::;;;;::;:i: