The URL can be used to link to this page

Home My WebLink About2018-069FERAL HOG REMOVAL CONTRACT This CONTRACT is entered into between the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA through its Parks Division, a political subdivision of the State of Florida (the "County") located at 1801 27th Street, Vero Beach, Florida 32960 and WAYNE L. HOWARD, individually and d/b/a WAYNE HOWARD NUISANCE ANIMAL REMOVAL COMPANY, whose address is 1585 78th Avenue, Vero Beach, Florida 32966 ("Contractor") to provide feral hog removal services. In consideration of the mutual benefits to be derived herefrom, the. County and Contractor hereby agree as follows: 1. Location and Hours of Feral Hog Removal. The County hereby grants Contractor permission to perform feral hog (a nuisance animal) removal services for such areas of _ County property as designated by the County from time to time (the "Premises"). The County shall approve the hours for removal on the Premises in advance of Contractor's entry upon the Premises. 2. Manner of Removing Feral Hogs. Contractor shall assume all responsibility for proper and lawful handling, holding and disposition of the feral hogs. Contractor agrees that feral hog trapping locations and/or destruction methods shall be pre -approved by the County. Permissible methods of feral hog removal include live trapping and shooting either with a bow and arrow or a rifle with a silencer attached. Any deviation from these locations and/or destruction methods shall be pre -approved by the County. Contractor agrees to use humane methods of trapping and destruction of the feral hogs. It is the intent of the County that all feral hog removal actions and operations on the Premises cause as little pain and distress to the animals as is feasible under the field conditions. No feral hog shall be shot 1 in public view, unless it poses an immediate threat to public safety. Feral hogs removed by Contractor from the Premises shall become the property of Contractor. 3. Duties of Contractor. It is the duty of Contractor to supply all materials, equipment, vehicles, temporary holding pens and traps for the feral hog removal operations. If Contractor uses a temporary holding pen, it shall only be used for transportation of the feral hogs off the Premises, and such holding pens shall not be maintained on the Premises. Contractor agrees to operate on a continuous basis, weather and water conditions permitting, in order to maximize removal efforts in the shortest time possible. 4. Licensure. Contractor must comply with all federal, state and local laws and hold all necessary and applicable licenses and permits. 5. Independent Contractor. Contractor shall perform the conditions of this Contract as an independent contractor and nothing herein shall be construed to be inconsistent with this relationship or status. Nothing in this Contract shall be in any way construed to constitute Contractor or any of his agents or employees as the agent, employee, or representative of the County. 6. Agents/designees of Contractor. Contractor may employ up to two (2) additional persons, age 18 or older; to aid him in feral hog removal pursuant to the terms of this Contract. All persons working with Contractor are the sole responsibility of Contractor. The County shall have no liability whatsoever to the agents or designees of Contractor, including personal injury liability, worker's compensation liability, or any other claims, judgments or costs of any kind and nature for injury to, or death of any person or persons and for loss or damage to any property resulting from the use, service, operation or performance of work under the terms of this Contract. 2 7. Contractor's Insurance. Contractor shall provide to the County copies of its current commercial general liability insurance policy and automobile liability insurance covering operations under this Contract. Commercial general liability insurance coverage shall be on an occurrence basis at the minimum amount of $300,000.00. Automobile liability insurance for vehicles that are used to transport equipment or otherwise provide operational support or deliver services to the day-to-day or incidental operations or otherwise used pursuant to this Contract on the Premises, shall have a minimum combined single limit of $300,000.00. Evidence of all policy renewals shall be provided to the County at the time of every renewal of such policy and prior to any extension or renewal of this Contract. 8. Consideration. As consideration for removal services rendered by Contractor under the terms of this Contract, the County shall allow Contractor to keep all feral hogs removed and any monetary proceeds therefrom, if any, pursuant to this Contract. 9. Term of Agreement and Extension. This Contract shall begin upon execution by both parties, and terminate two (2) years from such date.. This Contract may be renewed, at the sole discretion of the County by proper amendment hereto, and shall be contingent upon satisfactory performance by Contractor. The Contract may be renewed for a maximum of two (2) additional two (2) year terms. Renewal of the Contract shall be in writing and subject to substantially the same terms and conditions of this Contract. 10. Assignment. Contractor shall not subcontract, assign, or transfer any work under this Contract without proper amendment to this Contract and express written approval of the County. 11. Release/Indemnification. 3 a. Contractor hereby releases, satisfies, discharges and covenants not to sue Indian River County, its commissioners, officers, employees, and agents (collectively the "County"), for any and all damages, losses, expenses or liabilities of any kind whatsoever arising out of or relating in any way to Contractor's activities in performing this Contract (collectively "Claims"). THIS RELEASE INCLUDES ANY CLAIMS ARISING OUT OF ANY NEGLIGENT ACTS OR OMISSIONS OF THE COUNTY. b. Contractor shall defend, hold harmless and indemnify the County from and against all Claims arising out of or relating to any negligence, intentional wrongdoing, breach of applicable law or breach of this Contract by Contractor or by anyone performing activities under this Contract at the request of Contractor. Nothing herein shall be deemed to affect the rights, privileges, and immunities of the County as set forth in Florida Statute Section 768.28. 12. Notices. Any and all notices shall be delivered to the parties at the following addresses: a. Contractor: Wayne L. Howard, 1585 78th Ave., Vero Beach, FL 32966 b. County: Parks Superintendent, Indian River County Parks Division, 5500 77th Street; Vero Beach, FL 32967. 13. Applicable law and venue. This Contract has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Contract shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Contract shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining 4 provisions of this Contract. Any action in connection with this Contract shall be brought in Indian River County, Florida. THE PARTIES KNOWINGLY WAIVE THEIR RIGHT TO TRIAL BY JURY. 14. Termination. This Contract may be terminated by either party, with or without cause, by giving thirty (30) days written notice. The County reserves the right to terminate this Contract immediately if, in its sole discretion, it is determined that any part of the feral hog removal operations is not being performed in accordance with this Contract or applicable law. 15. Entire Agreement. This Contract represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers or provisions of this Contract shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Contract. The parties have caused this Contract to be duly executed, the day and year last written below. CONTRA TOR: By: aL�� <. /� c✓z� Print Name!"Wayne L. Howard Date: Approved as to form and ity: Dy eingold, County Attorney 5 COUNTY: By: I Print Name: aviA Fleetwood Date: '7`-/;?'20/'�3 Date