HomeMy WebLinkAbout2025-117Indian River County
Solid Waste Disposal District
1325 74°i Avenue S.W.
Vero Beach, FL 32968
FERAL HOG REMOVAL CONTRACT
This CONTRACT is entered into between the INDIAN RIVER COUNTY SOLID WASTE
DISPOSAL DISTRICT, a dependent special district of Indian River County, Florida (the
"District") and Double Ott Eradication Services, LLC, individually ("Contractor") to provide
feral hog removal services.
In consideration of the mutual benefits to be derived here from, the District and Contractor
hereby agree as follows:
1. Location and Hours of Feral Hog Removal - The District hereby grants Contractor
permission to perform feral hog (a nuisance animal) removal services for the District at the
Indian River County landfill located at 1325 74th Avenue SW, Vero Beach, FL 32968 (the
"Landfill Premise"). See Exhibit "A" for the location of the Landfill Premises and the areas
where the Contractor is excluded from entering. The contractor is also excluded from the
District properties west of 1-95. The District shall approve the hours for removal on the
Landfill 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 shall be pre -approved by the District and performed consistent with
the following requirements whenever utilized:
a. Traps will be provided with at least 5 gallons and up to 15 gallons of water
depending on the size of the trap.
b. Traps will be checked every 48 hours.
c. Food must be provided in the traps.
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d. Traps must be set in a shaded area to protect the animals from the hot sun.
e. Traps shall not use metal -spring loaded doors, only drop doors will be used.
f. Only dogs with GPS collars accompanied with a GPS tracking system are
permitted. The collar must be able to protect the dogs' neck from injury.
Contractor shall maintain full control of the dogs by monitoring their locations.
The dogs are prohibited from restricted areas, as set forth in Exhibit "A".
g. Hogs may be killed on the Premises by using a bow, gun, spear or knife. No high-
powered rifles using 165 grain or greater bullet will be allowed. Guns can only be
used from 6 pm to 6 am when the Premises are closed and when the Premises
are closed on Independence Day, Labor Day, Thanksgiving, Christmas and New
Year's Day. In the event an injured or severely diseased animal is trapped or found
on the Premises, the Contractor shall humanely euthanize the animal when the
Premises are closed otherwise shall contact the Indian River County Animal
Control to humanely euthanize the animal.
h. Access to the traps is strictly limited to the Contractor and to District staff; all
others are prohibited from approaching the traps or the trapping site for the safety
of the animals.
i. In the event of a closure of the Premises due to extreme weather events the trap
doors will be closed to prevent animals from entering the traps during this period.
j. Contractor shall remove all animals trapped on the Premises. Those animals that
will not be set free elsewhere in the state or not taken to an approved state holding
facility will be dispatched in a humane way.
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, to maximize removal efforts to 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. Agents/Designees of Contractor - Contractor may employ up to three (3) additional
persons, age 21 or older, to aid in feral hog removal pursuant to the terms of this Contract.
All persons working with Contractor are the sole responsibility of Contractor. The District
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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.
6. Consideration
and any monetary proceeds therefrom, if anr, purstiant to this . As proposed by
Contractor, the District shall compensate $500 per month for the duration of the contract
term. Contractor shall submit a monthly invoice by the 5th of each month. No annual
adjustments shall be made to this contract.
7. Term of Agreement and Extension - This Contract is for a 1 -year term beginning May 27,
2025 and terminating May 26, 2026. If another extension is requested, the Contractor must
submit a written request 60 days prior to the expiration.
8. Independent Contractor - The CONTRACTOR agrees that he or she is an independent
contractor and not an agent, joint venture, or employee of the DISTRICT, and nothing in this
Agreement shall be construed to be inconsistent with this relationship or status. None of
the benefits provided by the DISTRICT to its employees, including but not limited to,
workers' compensation insurance, unemployment insurance, or retirement benefits, are
available from the DISTRICT to the CONTRACTOR. CONTRACTOR will be responsible for
paying his own Federal income tax and self-employment tax, or any other taxes applicable
under this Agreement. The CONTRACTOR shall be solely and primarily responsible for his
and her acts during the performance of this Agreement.
9. 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
District.
10. No Third -Party Beneficiaries - This Agreement gives no rights or benefits to anyone
other than the CONTRACTOR and the DISTRICT.
11. Release/Indemnification
a. Contractor hereby releases, satisfies, discharges and covenants not to sue the
District, Indian River County, its commissioners, officers, employees, and agents,
(hereinafter 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
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INCLUDES ANY CLAIMS ARISING OUT OF ANY NEGLIGENT ACTS OR OMISSIONS
OF THE DISTRICT.
b. Contractor shall defend, hold harmless and indemnify the DISTRICT 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 DISTRICT as set forth in Florida Statute Section 768.28.
12. Insurance - The DISTRICT does not represent these coverages or amounts to be
adequate or sufficient to protect the CONTRACTOR'S interests or liabilities but are merely
required minimums. The CONTRACTOR will maintain throughout this Agreement the
following insurance:
a. The original of each such policy of insurance, or a complete duplicate, shall be
delivered to the DISTRICT by CONTRACTOR prior to starting work, together with
evidence that the premiums have been paid.
b. All required insurance shall be provided by insurers acceptable to the DISTRICT
with an A.M. Best rating of at least "A"
c. The required insurance shall be secured and maintained for no less than the
limits required by the DISTRICT, or as required by law, whichever is greater.
d. The required insurance shall not limit the liability of the CONTRACTOR.
e. All liability insurance, except professional liability, shall be written on an
occurrence basis.
f. The CONTRACTOR waives its right of recovery against the DISTRICT to the extent
permitted by its insurance policies.
g. Insurance required of the CONTRACTOR, or any other insurance of the
CONTRACTOR shall be considered primary, and the insurance of the DISTRICT, if
any, shall be considered excess as applicable to any claims, which arise out of
the agreement, contract or lease.
h. Except for works' compensation and professional liability, the CONTRACTOR'S
insurance policies shall be endorsed to name INDIAN RIVER COUNTY as
additional insured to the extent of the agreement, contract or lease.
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i. The Certificate(s) of Insurance shall designate the DISTRICT as certificate holder
as follows:
Indian River County Solid Waste Disposal District
Jennifer Hyde, Purchasing Manager
180127th Street
Vero Beach, Florida 32960
j. The Certificate(s) of Insurance shall include a reference to the project and/or
purchase order number.
k. The Certificate(s) of Insurance shall indicate that the DISTRICT shall be notified at
Least thirty (30) days in advance of cancellation.
L. The Certificate(s) of Insurance shall include all deductibles and/or self-insurance
retentions for each line of insurance coverage.
m. The CONTRACTOR, at the discretion of the Risk Manager for the DISTRICT, shall
provide information regarding the amount of claims, payments or reserves
chargeable to the aggregate amount of the CONTRACTOR'S liability coverage(s).
13. E -VERIFY - Vendor affirms it is registered with and will use, at their sole expense, the
Department of Homeland Security E -Verify system (www.e-verify.gov) to confirm the
employment eligibility of all newly hired employees, as required by Section 448.095, F.S..
Vendor acknowledges responsibility for obtaining proof of E -Verify registration for all
subcontractors. This requirement applies to any provider of services or goods. A public
employer, contractor, or subcontractor may not enter into a contract unless each party to
the contract registers with and uses the E -Verify system. As defined in this section of
statute, Indian River County is a public employer.
14. Notices - All notices shall be delivered to the parties at the following addresses:
a. Contractor: Double Ott Eradication Services, LLC
6419 53rd Circle
Vero Beach, FL 32967
b. District: Managing Director, Indian River County—Solid Waste Disposal District,
1325 74th Avenue SW, Vero Beach, FL 32968.
15. 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
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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 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.
16. Termination - This Contract may be terminated by either party, with or without cause,
by giving thirty (30) days written notice. The District 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. In the event of termination for convenience, the CONTRACTOR shall remove all
personal property, traps and other equipment from the Landfill Premises. Failure to remove
such items by the date of termination shall cause such items to become property of the
DISTRICT.
17. Contact Person - The primary contact person under this Agreement for the
CONTRACTOR shall be Tim Ott, Double Ott Eradication Services, LLC (208) 704-0317.
The DISTRICT Representative under this Agreement shall be Mr. Himanshu H, Mehta, P.E.
Managing Director (772) 226-3212.
18. Approval of Personnel - The DISTRICT reserves the right to approve the contact person
and the persons performing the services on behalf of CONTRACTOR pursuant to this
Agreement. If DISTRICT, in its sole discretion, is dissatisfied with the contact person or the
person(s) performing the services on behalf of CONTRACTOR pursuant to this Agreement,
DISTRICT may require CONTRACTOR to assign a different person or persons be designated
to be the contact person or to perform the CONTRACTOR services hereunder.
19. Disclosure of Conflict - The CONTRACTOR has an obligation to disclose to the
DISTRICT any situation that, while acting pursuant to this Agreement, would create a
potential conflict of interest between the CONTRACTOR and his duties under this
Agreement.
20. Authority to Obligate - Each person signing this agreement on behalf of either party
individually warrants that he or she has full legal power to execute this Agreement on
behalf of the party for whom he or she is signing and bind and obligate such party with
respect to all provisions contained in this agreement.
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21. 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.
CONTRACTOR:
Signature:
P r i n t N a rrre
Date: c5 n-Q--va
Title: c�•����- I c�
INDIAN RIVER COUNTY.
Signature: Date: S• 7 • ��
Name:/ John A. Titkanich, Jr., ICMA-CM
Title. /phi• County Administrator
Approved as to /rm l gality:
Signature: / Date: 05-28-2025
Name: Chri Hi ks
Title: Assistant County Attorney
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SPECIAL CONDITIONS - NUISANCE WILDLIFE REMOVAL
1. All feral hog removal activities, including but not limited to determination of access
(ingress and egress) routes, trapping locations, dates and times of access, and listings of
other persons accompanying CONTRACTOR on the property, will be coordinated through
the DISTRICT Representative and approved in advance.
2. Live traps may be used.
3. Hunting with dogs is permitted for the term of this Agreement on "Premises". Said dogs
may also be used for trailing wounded game; however, in that case, the dogs must be on
leashes.
4. CONTRACTOR will abide by all applicable governmental rules, regulations, ordinances
and laws with respect to CONTRACTOR's use of the property, and shall, at his own
expense, procure and keep current any permits, licenses, certifications, and
registrations which may be required by law in connection with the feral hog removal
activities.
5. CONTRACTOR will abide by Chapter 5C-21.015, Florida Administrative Code, Chapter 9,
Animals and Animal Products.
6. CONTRACTOR may utilize the assistance of persons other than CONTRACTOR to assist
with removal of feral hogs and other nuisance wildlife. No one may access the property
without the CONTRACTOR. CONTRACTOR and anyone accompanying CONTRACTOR on
the Landfill Premises shall always have an original authorization letter on DISTRICT
Letterhead on their person. All persons who enter the property must be approved by the
DISTRICT before assisting the CONTRACTOR.
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7. CONTRACTOR and his employees and agents shall be the only authorized persons
permitted to carry a firearm on the Landfill property while engaged in hog trapping
activities. Said firearm may only be used to carry out the functions of this Agreement but
for no other purposes. Individuals other than CONTRACTOR, his employees or agents
with a firearm on the property will be prosecuted for armed trespass.
8. Only three (3) licensed vehicles or vessels may be used when hunting on the Landfill
Premises. Vehicles must have current state license tags. Vessels must have current
state boater's registration. The use of all -terrain, off-road, vehicles is permitted for the
purposes of hog removal. CONTRACTOR shall provide the DISTRICT Representative, Mr.
Himanshu H, Mehta, P.E. with the description, tag number and vehicle identification
number for each vehicle or vessel to be used on the property. CONTRACTOR shall be
responsible for providing updates to the vehicles list when changes occur.
9. CONTRACTOR must submit a monthly report of the number of hogs removed from the
Landfill property to the DISTRICT Representative. This reporting shall be provided on the
Florida Department of Agriculture and Consumer Services, Division of Animal Industry,
Feral Swine Dealer Log. There will be no bag or size limit on feral hogs removed.
10. CONTRACTOR must report to the DISTRICT Representative, Indian River County Sheriffs
Department or Florida Fish and Wildlife Conservation Commission any suspicious or
illegal activity on the property. CONTRACTOR agrees not to confront or come into
contact with trespassers or take any action of the self-help nature unless necessary to
protect human life.
11. The CONTRACTOR is prohibited from charging a fee to anyone assisting CONTRACTOR
with the activities authorized by this Agreement.
12. The possession of controlled substances and alcoholic beverages or the presence of
anyone on the property while under the influence of controlled substances or alcoholic
beverages is strictly prohibited and subject to prosecution to the fullest extent
permitted.
13. CONTRACTOR and those approved to accompany CONTRACTOR shall greet each
person they meet (the public, DISTRICT staff, law enforcement) on the Landfill property
by introducing themselves and explaining their purpose of being on the property. Upon
request, CONTRACTOR and those with CONTRACTOR will produce an original
Authorization Letter on DISTRICT letterhead to confirm their authority to be on Landfill
property.
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14. CONTRACTOR agrees that it and all persons assisting CONTRACTOR shall take all
necessary precautions consistent with the activities performed under this Agreement.
These precautions shalt be consistent with those safety precautions generally taken by
those engaged in similar activities. Said safety precautions shalt include, but not be
limited to, using hunting safety equipment such as orange safety vests and whistles.
15. The trapped feral hogs and other nuisance wildlife, excluding bears, shall become the
property of the CONTRACTOR. Should the nuisance wildlife be a bear, CONTRACTOR
shall resolve the bear nuisance in accordance with Florida Fish and Wildlife
Conservation Commission (FWC) regulations and laws.
16. The DISTRICT shall not be held responsible for damage or vandalism to the
CONTRACTOR's equipment or injury to CONTRACTOR's dogs if used.
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Department of State / Division of Corporations / Search Records / Search by Entity Name /
Detail by Entity Name
Florida Limited Liability Company
DOUBLE OTT ERADICATION SERVICES, LLC
Filing Information
Document Number L25000190749
FEI/EIN Number NONE
Date Filed 04/22/2025
State FL
Status ACTIVE
Principal Address
6419 53RD CIRCLE
VERO BEACH, FL 32967
Mailing Address
6419 53RD CIRCLE
VERO BEACH, FL 32967
Registered Agent Name & Address
NORTHWEST REGISTERED AGENT LLC
7901 4TH ST N STE 300
ST. PETERSBURG, FL 33702
Authorized Person(s) Detail
Name & Address
Title AMBR
OTT, TIMOTHY
6419 53RD CIRCLE
VERO BEACH, FL 32967
Annual Reports
No Annual Reports Filed
Document Images
04/22/2025 -- Florida Limited Liability View image in PDF format