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HomeMy WebLinkAbout2004-261 r q fA JA Off-{ INDIAN RIVER COUNTY EMERGENCY CONTRACT [ Hurricane Frances and Hurricane Jeanne Debris Removal from former Dickerson site] THIS INDIAN RIVER COUNTY EMERGENCY CONTRACT ( "Agreement " or " Contract " ) , entered into as of this 22nd day of October , 2004 ( " Effective Date " ) by and between INDIAN RIVER COUNTY , a political subdivision of the State of Florida , having its principal address at 1840 25th Street , Vero Beach , FL 32960 ( " County" ) and Coastal Services of Florida , LLC a Florida limited liability corporation , having its principal address at 3175 Willfee Road , Fort Pierce , Florida 34982 . BACKGROUND RECITALS : WHEREAS , EXECUTIVE ORDER NUMBER 04 - 192 ( Emergency Management ) was issued by Jeb Bush , the Governor of the State of Florida on September 1 , 2004 that declared that Hurricane Frances , alone and in combination with the destruction by Hurricane Charley , threatens the State of Florida with a catastrophic disaster ; and WHEREAS , EXECUTIVE ORDER NUMBER 04 - 192 ( Emergency Management ) declared that a state of emergency exists in the State of Florida for sixty ( 60 ) days from September 1 , 2004 , unless extended ; and WHEREAS , EXECUTIVE ORDER NUMBER 04 -206 ( Emergency Management ) dated September 10 , 2004 , extended the state of emergency that exists in the State of Florida for sixty ( 60 ) days from September 10 , 2004 , that is , until November 10 , 2004 , unless further extended ; and WHEREAS , EXECUTIVE ORDER NUMBER 04 -217 ( Emergency Management ) dated September 24 , 2004 , extended the state of emergency that exists in the State of Florida for sixty ( 60 ) days from September 24 , 2004 , that is , until November 24 , 2004 , unless further extended ; and WHEREAS , Section 8 of each of the aforementioned EXECUTIVE ORDERS found that the special duties and responsibilities resting upon some state , regional and local agencies and other governmental bodies in responding to the disaster may require them to deviate from the statutes , rules , ordinances , and orders they administer , and therefore gave such agencies and other governmental bodies the authority to take formal action by emergency rule or order in accordance with Sections 120 . 54 (4 ) and 252 . 46 ( 2 ) , Florida Statutes , to the extent that such actions are needed to cope with this emergency ; and WHEREAS , by operation of law , the aforementioned EXECUTIVE ORDERS , Florida Statutes sections 252 . 36 , 252 . 38 , and 252 . 46 , and Indian River County Resolutions 2004 — 95 , 2004 — 096 , and 2004 - 118 , the Indian River County Board of County Commissioners sitting as the Board of Commissioners of the Emergency Services District of Indian River County has the authority to issue orders and rules during the period F :\Public Works\Capital Projects\Hurricane Debris Removal\emergency contract CoastaIMULCH . doc 1 I Ir of the declared state of emergency , and has delegated the ability to enter into Emergency Contracts for Indian River County to the County Administrator; and WHEREAS , Indian River County hereby finds that the declared emergency and damage and destruction caused in Indian River County by Hurricane Frances and Hurricane Jeanne has generated storm debris and has caused Indian River County to require debris removal services such as collection , transportation , and /or disposal services for such hurricane generated debris in connection with Hurricane Frances and Hurricane Jeanne ; and WHEREAS , the County has requested that the Contractor submit a proposal to perform the hurricane generated debris removal services of loading , hauling , and final disposition of ground tree and other vegetative waste material ( such material hereinafter " Hurricane Frances and Hurricane Jeanne Generated Mulch " ) on the terms and conditions set forth in this Agreement , and the Contractor has agreed to perform the services of loading , hauling and final disposition of Hurricane Frances and Hurricane Jeanne Generated Mulch on the terms and conditions set forth in this Agreement . NOW , THEREFORE , in accordance with the mutual covenants herein contained and other good and valuable consideration , the receipt and sufficiency of which are hereby acknowledged , this Emergency Contract is issued for the purposes set forth herein , and the parties agree as follows : 1 . BACKGROUND RECITALS . The Background Recitals are true and correct and form a material part of this Agreement . 2 . WORK . The hurricane generated mulch removal services under this Contract shall be as follows : removal of Hurricane Frances and Hurricane Jeanne Generated Mulch from the temporary debris removal facility operated on behalf of Indian River County located at 1St Street and U . S . 1 , known as the former Dickerson Asphalt Plant site located in Indian River County (the " Site " ) . The Contractor will load the Hurricane Frances and Hurricane Jeanne Generated Mulch located at the Site into Contractor owned or operated vehicles . The Contractor will complete removal and clean - up of mulch within 14 days from the time all vegetative debris has been ground in to mulch . The Contractor will haul the Hurricane Frances and Hurricane Jeanne Generated Mulch in such Contractor owned or operated vehicles from the Site to the Contractor' s disposal site on the Evans Properties ( see Attachment "A" ) for further processing and final disposal . 3 . MEASUREMENT and PAYMENT . The County will measure each load of Hurricane Frances and Hurricane Jeanne Generated Mulch by cubic yard in each Contractor owned or operated vehicle as each Contractor owned or operated vehicle leaves the Site . The County will prepare a debris yardage ticket for each loaded Contractor owned or operated vehicle , and the County and the Contractor will sign each debris yardage ticket . The County will pay the Contractor $ 3 . 00 per cubic yard of Hurricane Frances and Hurricane Jeanne Generated Mulch removed from the Site as set forth in this Agreement . FAPublic Works\Capital Projects\Hurricane Debris Removal\emergency contract Coastal MULCH . doc 2 3 . 1 . The Contractor shall submit completed bi -weekly partial payment requests covering the services performed during the period covered by the partial payment request to the County' s project manager . Such partial payment requests shall be supported by such data as the County may reasonably require . The payment request will either be approved by the County , or be returned to the Contractor with the reasons for refusing to approve the payment in writing . In the latter case , the Contractor will make the necessary corrections and resubmit the partial payment request . The County will pay the Contractor on the basis of the approved partial payment request in accordance with the provisions of the Florida Prompt Payment Act , Section 218 . 70 , et . seq . , Florida Statutes . The County shall retain ten ( 10 ) percent of the payment amounts due to the Contractor until final completion of all services to be performed by the Contractor under this Agreement . Upon final completion and acceptance of the services under this Agreement , the entire balance found to be due to the Contractor, including the retainage , but except such sums as may be lawfully retained by the County , shall be paid to the Contractor within thirty ( 30 ) days of final completion and acceptance of the services under this Agreement . 4 . TERMINATION . The term of this Agreement shall commence on the Effective Date and continue for such period as is necessary or convenient to dispose of all Hurricane Jeanne Generated Debris at the Site but not longer than six months from the date hereof. The County reserves the right to terminate this Contract by giving twenty ( 20 ) days notice , in writing , of the intention to terminate , if at any time the Contractor fails to abide by or fulfill any of the terms and conditions of the contract . The County also reserves the right to terminate this Contract : for the convenience of the County , with or without cause ; or if the Contractor submits a false invoice to the County , all upon ten ( 10 ) days notice in writing . The termination of this Agreement shall not release the County for the payment of any amounts becoming due to Contractor for services that were rendered by Contractor prior to the date of termination 5 . INSURANCE . Contractor shall procure and maintain , for the duration of this Agreement , all insurance required under this Agreement at the sole cost of Contractor and ensure that such insurance has been approved by the County' s Risk Manager . 5 . 1 . A certificate or certificates of insurance as set forth herein shall be provided to the County' s Risk Manager for review and approval ten ( 10 ) days prior to commencement of any construction at the Demised Premises . The County shall be named as an additional insured on all policies except workers ' compensation : 5 . 2 . Workers ' Compensation : Workers ' Compensation as required by the State of Florida . Employers ' Liability of $ 100 , 000 each accident , $ 500 , 000 disease policy limit , and $ 100 , 000 disease each employee . 5 . 3 . General Liability : commercial general liability coverage , in an amount not less than $ 1 , 000 , 000 combined single limit for bodily injury and property damage , including coverage for premises/operations , products/completed operations , contractual liability , and independent contractors . 5 . 4 . Business Automobile Liability : in an amount not less than $ 1 , 000 , 000 per occurrence combined single limit for bodily injury and property damage , including coverage for owned autos , hired autos , and non -owned autos . 5 . 5 . Contractor' s insurance coverage shall be primary . 5 . 6 . All required insurance policies shall be placed with insurers licensed to do business in Florida and with a Best' s rating of A VII or better . F: \Public Works\Capital Projects\Hurricane Debris Removal\emergency contract Coastal MULCH . doc 3 5 . 7 . The insurance policies procured shall be occurrence forms , not claims made policies . 6 . INDEPENDENT CONTRACTOR . Contractor represents that it is fully experienced and properly qualified to perform the services under this Contract and that it is properly licensed , equipped , organized and financed to perform such services . Contractor shall act as an independent contractor and not as the agent of County in performing the services under this Contract , maintaining complete control over its employees and all of its subcontractors . The Contractor shall supervise and direct the services and shall be solely responsible for the means , methods , techniques , sequences and procedures of construction , subject to compliance with this Contract . 7 . AUDIT . The Contractor agrees that the County or any of its duly authorized representatives shall , until the expiration of three ( 3 ) years after final acceptance of the services , have access to and the right to examine any and all books , documents , papers , and records of the Contractor involving transactions related to this Agreement and the services hereunder. The Contractor agrees that payment ( s ) made under this Agreement shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination to constitute non -allowable costs under this Agreement . The Contractor shall promptly refund by check payable to the County the amount of such reduction of payments . All required records shall be maintained until the later of an audit is completed and all questions arising therefrom are resolved , or six ( 6 ) years after completion of the services . 8 . INDEMNIFICATION . Contractor agrees to indemnify and hold harmless the County , together with its agents , employees , elected officers and representatives , from liabilities , damages , losses , and costs , including but not limited to , reasonable attorney' s fees , to the extent caused by the negligence , recklessness or intentionally wrongful conduct of the Contractor and persons employed or utilized by the Contractor in the performance of the Services under this Agreement . This indemnification and hold harmless provision shall survive the termination or expiration of this Agreement . 9 . PUBLIC DISCLOSURE STATEMENT . Any entity entering into a contract with the COUNTY shall disclose any relationship that may exist between the contracting entity and a County Commissioner or County employee . The relationship with either must be disclosed as follows : Father, mother , son daughter, brother , sister , uncle , aunt , first cousin , nephew , niece , husband , wife , father- in - law , mother- in - law , daughter- in - law , son - in - law , brother- in - law , sister- in - law , stepfather, stepmother, stepson , stepdaughter , stepbrother , half brother, half sister, grandparent , or grandchild . The term " affiliate " includes those officers , directors , executives , partners , shareholders , employees , members , and agents who are active in the management of the entity . Contractor has made the required disclosure of relationships on the required form attached to this Agreement and made a part hereof by this reference . 10 . PUBLIC ENTITY CRIMES Pursuant to Florida Statutes Section 287 . 133 (2 ) ( a ) , the Contractor is hereby notified that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not be awarded or perform work as a contractor, supplier , subcontractor, or consultant under a contract with F :\Public Works\Capital Projects\Hurricane Debris Removal\emergency contract CoastaiMULCH . doc 4 any public entity , and may not transact business with any public entity in excess of the threshold amount provided in Florida Statutes Section 287 . 017 for CATEGORY TWO [currently $ 25 , 000] for a period of 36 months from the date of being placed on the convicted vendor list . 11 . MERGER ; MODIFICATION . This Agreement incorporates and includes all prior and contemporaneous negotiations , correspondence , conversations , agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments , agreements , or understandings of any nature whatsoever concerning the subject matter hereof that are not contained in this document . Accordingly , it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements , whether oral or written . No alteration , change , or modification of the terms of this Agreement shall be valid unless made in writing and signed by the Contractor and the County . 12 . GOVERNING LAW ; VENUE . This Agreement , including all attachments hereto , shall be construed according to the laws of the State of Florida . Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County , Florida , or, in the event of federal jurisdiction , in the United States District Court for the Southern District of Florida . 13 . REMEDIES ; NO WAIVER . All remedies provided in this Agreement shall be deemed cumulative and additional , and not in lieu or exclusive of each other or of any other remedy available to either party , at law or in equity . Each right , power and remedy of the parties provided for in this Agreement shall be cumulative and concurrent and shall be in addition to every other right , power or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise . The failure of either party to insist upon compliance by the other party with any obligation , or exercise any remedy , does not waive the right to so in the event of a continuing or subsequent delinquency or default . A party' s waiver of one or more defaults does not constitute a waver of any other delinquency or default . If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute , breach , default or misrepresentation in connection with any provisions of this Agreement , each party shall bear its own costs . 14 . SEVERABILITY . If any term or provision of this Agreement or the application thereof to any person or circumstance shall , to any extent , be held invalid or unenforceable for the remainder of this Agreement , then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected , and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law . 15 . PUBLIC RECORDS . The Contractor shall comply with the provisions of Chapter 119 , Florida Statutes ( Public Records Law ) in connection with this Agreement . F :\Public Works\Capital Projects\Hurricane Debris Removal\emergency contract CoastaIMULCH . doc 5 16 . NOTICES . Any notice , request , demand , consent , approval , or other communication required or permitted by this Agreement shall be given or made in writing and shall be served , as elected by the party giving such notice , by any of the following methods : ( a ) Hand delivery to the other party ; ( b ) Delivery by commercial overnight courier service ; or ( c ) Mailed by registered or certified mail ( postage prepaid ) , return receipt requested at the addresses of the parties shown below .- County elow :County : Indian River County Attn : Terry Thompson , P . E . , Capital Projects Manager 184025 th Street , Vero Beach , FL 32960 - 3365 Phone : ( 772 ) 226 - 1282 ; Facsimile : ( 772 ) 770 - 5095 Contractor: Coastal Services of Florida , LLC Attn : Manny Martinez 3175 Willfee Road Fort Pierce , Florida Phone ( 772 ) 370 -2600 Notices shall be effective when received at the address as specified above . The original of the notice must additionally be mailed . Either party may change its address , for the purposes of this section , by written notice to the other party given in accordance with the provisions of this section . 17 . CONSTRUCTION . The headings of the sections of this Agreement are for the purpose of convenience only , and shall not be deemed to expand , limit , or modify the provisions contained in such Sections . All pronouns and any variations thereof shall be deemed to refer to the masculine , feminine or neuter, singular or plural , as the identity of the party or parties may require . The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm ' s- length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement . It is mutually agreed between the parties hereto that time is of the essence of this Contract . 18 . COUNTERPARTS , This Agreement may be executed in one or more counterparts , each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument . IN WITNESS WHEREOF , this Agreement is executed by the authorized repres ativ f the parties as of the day and year first above written . CO TRF INDIAN RIVER COUNTY 41 s" J Manny n &ndian aird 10 / 22 / 04 President r County Administrator Coastal Services of Florida , LLC River County Emergency Services District Director APPRO D AS TO FORM 4TA IENC F : \Public Works\Capital Projects\Hurricane Debris Removal\emergency contract CoastaIMULCH . doc L NTY ATTORNFY SWORN STATEMENT UNDER SECTION 105 . 08 , INDIAN RIVER COUNTY CODE , ON DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS . 1 . This sworn statement is submitted by : Coastal Services of Florida , LLC , whose business address is : 3175 Willfee Road , Ft . Pierce , Florida 34982 and ( if applicable ) its Federal Employer Identification Number ( FEIN ) is L6 -7Yf ' ?' 7 y3 ( If the entity has no FEIN , include the Social Security Number of the individual signing this sworn statement ) 2 . My name is Z ( Please print name of individual signing ) and my r nship to the entity named above is �Ve St, 3 . 1 understand that an "affiliate " as defined in Section 105 . 08 , Indian River County Code , means : The term "affiliate " includes those officers , directors , executives , partners , shareholders , employees , members , and agents who are active in the management of the entity . 4 . 1 understand that the relationship with a County Commissioner or County employee that must be disclosed as follows : Father, mother, son , daughter, brother, sister , uncle , aunt , first cousin , nephew , niece , husband , wife , father- in - law , mother- in - law , daughter- in - law , son - in - law , brother- in - law , sister- in - law , stepfather, stepmother , stepson , stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent , or grandchild . 5 . Based on information and belief, the statement , which I have marked below , is true in relation to the entity submitting this sworn statement . [ Please indicate which state pplies . ] 7=Neither the entity submitting this sworn statement , nor any officers , directors , executives , partners , shareholders , employees , members , or agents who are active in management of the entity , have any relationships as defined in section 105 . 08 , Indian River County Code , with any County Commissioner or County employee . The entity submitting this sworn statement , or one or more of the officers , directors , executives , partners , shareholders , employees , members , or agents , who are active in management of the entity have the following relationships with a County Commissioner or County employee : F :\Public Works\Capital Projects\Hurricane Debris Removal\emergency contract CoastaIMULCH . doc 1 Name of Affiliate Name of County Commissioner Relationship or entity or employee ignature ) , ( Date ) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this/day of , 2004 by who is personally known to me or who has produced �DfOK5 C' C �SE_ as identification . NOTARY PU IC SIGN : PRINT : State of Florida at Large My Commission Expires : ( Seal ) 00 % T M" W CW nWWM 00M= or EVWa W" 23, TOGS F :\Public Works\Capital Projects\Hurricane Debris Removal\emergency contract CoastaiMULCH . doc 2