PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 6, 2008 (X) Consent Department Submitted By: Submitted For: ( ) Workshop Environmental Resources Management Environmental Resources Management I. EXECUTIVE BRIEF Motion and Title: Staff recommends motion to: Agenda Item #:3h..}_ ( ) Regular ( ) Public Hearing A) approve Contract with InWater Research Group, Inc. (IRG), a not-for-profit corporation, in ,an amount not to exceed $47,848 for a pennit-required study to evaluate sea tmiles on nearshore reefs; B) approve Contract with IRG, in arr amount not to exceed $88,120 for a sea turtle population study in the Lake Worth Lagoon (LWL); and, C) authorize the County Administrator, or his clesignee, to sign all future time extensions, task assignments, certifications, and other fonns associated with the Contracts, and necessary minor amendments that do not change the scope of work or tenns and conditions of the Contracts. Summary: These studies will evaluate the sea tmile populations on the nearshore reefs and in the Lake Worth Lagoon (LWL). Nearshore reef sea turtle population studies are part of permit- required monitoring for cunent and future shoreline protection projects, including the Jm10 Beach Nourishment, Jupiter Carlin Nourishment, and the Singer Island Erosion Control Project. The LWL Management Plan recommends evaluating sea turtle populations in the LWL to provide infom1ation on the status of LWL environmental restoration efforts. In Water Research Group, Inc. (IRG) will collect data for the County by visual transects (nearshore reefs) and netting (LWL). The lRG Contracts authorize quarterly sea turtle monitoring events after a Notice to Proceed. The Contract for nearshorc reef monitoring expires April 30, 2012 and the Contract for LWL monitoring expires January 15, 2011. Districts 1, 2, 3, 4, and 7 (SF) Background and Justification: Shoreline erosion control and beach restoration project pennits require monitoring of the nearshore reef sea turtle population adjacent to project areas. The L WL is the subject of extensive restoration projects that are designed to improve water quality, increase the amount of sea grass, oyster, and mangrove habitat. The County monitors sea turtle nesting on the beaches, yet, little is known about the sea turtles utilizing the nearshore reefs or the LWL. As permit-required monitoring, 46%, of the nearshore reef contract will be eligible for cost sharing from the Florida Department of Environment Protection (DEP) under funding contracts currently in development. The LWL study is part of a five (5) year project that has been funded with the Lake Worth Lagoon Partnership Grant through DEP. IRG cunently conducts similar sea turtle research in the Key West National Wildlife Refuge, the Indian River Lagoon System, and Indian River County. lRG will obtain baseline and periodic sea turtle population data, including sighting locations, number, size, sex, disease (fibropapillomatosis), blood sampling, and habitat preference. Attachments: 1. Contract 2. Contract 3. Insurance Recommended by: Approved by: Depa:t~nen~~Dir~ctor ' (/\~-<t~ ~- County Administrator '-f/11 Jo S I Date s/4/o g • t Date
A) approve Contract with InWater Research Group, Inc. (IRG), a not-for-profit corporation, in ,an amount not to exceed $47,848 for a pennit-required study to evaluate sea tmiles on nearshore reefs; B) approve Contract with IRG, in arr amount not to exceed $88,120 for a sea turtle population study in the Lake Worth Lagoon (LWL); and, C) authorize the County Administrator, or his clesignee, to sign all future time extensions, task assignments, certifications, and other fonns associated with the Contracts, and necessary minor amendments that do not change the scope of work or tenns and conditions of the Contracts.
Summary: These studies will evaluate the sea tmile populations on the nearshore reefs and in the Lake Worth Lagoon (LWL). Nearshore reef sea turtle population studies are part of permitrequired monitoring for cunent and future shoreline protection projects, including the Jm10 Beach Nourishment, Jupiter Carlin Nourishment, and the Singer Island Erosion Control Project. The LWL Management Plan recommends evaluating sea turtle populations in the LWL to provide infom1ation on the status of L WL environmental restoration efforts. In Water Research Group, Inc. (IRG) will collect data for the County by visual transects (nearshore reefs) and netting (LWL). The lRG Contracts authorize quarterly sea turtle monitoring events after a Notice to Proceed. The Contract for nearshorc reef monitoring expires April 30, 2012 and the Contract for LWL monitoring expires January 15, 2011. Districts 1, 2, 3, 4, and 7 (SF)
Background and Justification: Shoreline erosion control and beach restoration project pennits require monitoring of the nearshore reef sea turtle population adjacent to project areas. The L WL is the subject of extensive restoration projects that are designed to improve water quality, increase the amount of sea grass, oyster, and mangrove habitat. The County monitors sea turtle nesting on the beaches, yet, little is known about the sea turtles utilizing the nearshore reefs or the L WL. As permit-required monitoring, 46%, of the nearshore reef contract will be eligible for cost sharing from the Florida Department of Environment Protection (DEP) under funding contracts currently in development. The LWL study is part of a five (5) year project that has been funded with the Lake Worth Lagoon Partnership Grant through DEP. IRG cunently conducts similar sea turtle research in the Key West National Wildlife Refuge, the Indian River Lagoon System, and Indian River County. lRG will obtain baseline and periodic sea turtle population data, including sighting locations, number, size, sex, disease (fibropapillomatosis), blood sampling, and habitat preference.
Attachments: 1. Contract 2. Contract 3. Insurance
Recommended by:
Approved by:
Depa:t~nen~~Dir~ctor '
(/\~-<t~ ~-County Administrator
'-f/11 Jo S ~ I
Date
s/4/o g • t
Date
11. FISCAL IMPACT ANALYSIS
A. Five Year Summary of Fiscal Impact:
Fiscal Years 2008 Capital Expenditures 'J 3,592 Operating Costs External Revenues Program Income (County) In-Kind Match (County)
NET FISCAL IMPACT 23,592
# ADDITIONAL FTE POSITIONS (Cumulative) __
2009 42,326
42,326
2010 43,502
43,502
Is Item Included in Current Budget'? Yes X No ___ _
2011 20,253
20,253
2012 6,295
6,295
Budget Account No.: Fund_ Department_ Unit _Object_ Program __ _
B. Recommended Sources of Funds/Summary of Fiscal Impact
*$72,242.46 currently allocated for this project; the additional tasks/cost will be authorized by a Notice to Proceed once funding has been secured, else the contract shall be concluded less$ l 5,877.54 ...
Department Fiscal Review: ___ ---,11,,_/I...L.._ ____________ _
III. REVIEW COMMENTS
OFMB Fiscal and /or Contract Administrator Comments:
Department Director
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Attachment 1
CONTRACT FOR CONSULTING/PROFESSIONAL SERVICES
This Contract is made as of the_ day of ___ _, 2008, by and between Palm Beach County, a Political Subdivision of the State of Florida, by and through its Board of Commissioners, hereinafter referred to as the COUNTY, and In Water Research Group, Inc. 4160 NE Hyline Drive, Jensen Beach, FL 34957, a not-for-profit corporation authorized to do business in the State of Florida, hereinafter referred to as the CONSULTANT, whose Federal I.D. is 65-1090322.
In consideration of the mutual promises contained herein, the COUNTY and the CONSULT ANT agree as follows:
ARTICLE 1 - SERVICES
The CONSULT ANT'S responsibility under this Contract is to provide professional/consultation services and offshore in-water sea turtle monitoring, as more specifically set forth in the Scope of Work detailed in Exhibit A.
The COUNTY'S representative/liaison during the performance of this Contract shall be Richard E. Walesky, telephone no. 561-233-2400.
The CONSULTANT'S representative/liaison during the performance of this Contract shall be Michael Bresette, telephone no. 772-349-5905.
ARTICLE 2 - SCHEDULE
The CONSULTANT shall commence services upon receipt of the COUNTY's wri:tt;en Notice to Proceed and complete all services by April 30, 2012.
Reports and other items shall be delivered or completed in accordance with the detailed schedule set forth in Exhibits A and B.
ARTICLE 3 - PAYMENTS TO CONSULTANT
A. The total amount to be paid by the COUNTY under this Contract for all services and materials shall not exceed a total contract amount of Forty-Seven Thousand, Eight Hundred, Forty Eight Dollars ($47,848). The CONSULTANT will bill the COUNTY at the amount set forth in Exhibit B for services rendered toward the completion of the Scope of Work.
B. Invoices received from the CONSUL TANT pursuant to this Contract will be reviewed
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rendered in conformity with the Contract. Approved invoices will then be sent to the Finance Department for payment. Invoices will normally be paid within thirty (30) days following the COUNTY representative's approval.
C. "Out-of-pocket" expenses including, but not limited to, mailing charges, copying fees, telephone charges and miscellaneous supplies shall not be reimbursed under this Contract.
D. Final Invoice: In order for both parties herein to close their books and records, the CONSUL TANT will clearly state "final invoice" on the CONSULTANT'S final/last billing to the COUNTY. This shall constitute CONSULTANT'S certification that all services have been properly performed and all charges and costs have been invoiced to Palm Beach County. Any other charges not properly included on this final invoice are waived by the CONSULTANT.
ARTICLE 4 - TRUTH-IN-NEGOTIATION CERTIFICATE
Signature of this Contract by the CONSUL TANT shall also act as the execution of a truth-innegotiation certificate certifying that the wage rates, over-head charges, and other costs used to determine the compensation provided for in this Contract are accurate, complete and current as of the date of the Contract and no higher than those charged the CONSULTANT'S most favored customer for the same or substantially similar service.
The said rates and costs shall be adjusted to exclude any significant sums should the COUNTY determine that the rates and costs were increased due to inaccurate, incomplete or noncurrent wage rates or due to inaccurate representations of fees paid to outside consultants. The COUNTY shall exercise its rights under this Article 4 within three (3) years following final payment.
ARTICLE 5 - TERMINATION
This Contract may be terminated by the CONSULTANT upon sixty (60) days' prior written notice to the COUNTY's representative in the event of substantial failure by the COUNTY to perform in accordance with the terms of this Contract through no fault of the CONSULTANT. It may also be terminated, in whole or in part, by the COUNTY, with or without cause, immediately upon written notice to the CONSULTANT. Unless the CONSULTANT is in breach of this Contract, the CONSULTANT shall be paid for services rendered to the COUNTY'S satisfaction through the date of termination. After receipt of a Termination Notice and except as otherwise directed by the COUNTY the CONSULT ANT shall:
A. Stop work on the date and to the extent specified.
B. Terminate and settle all orders and subcontracts relating to the performance of the
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terminated work.
C. Transfer all work in process, completed work, and other materials related to the terminated work to the COUNTY.
D. Continue and complete all parts of the work that have not been terminated.
ARTICLE 6 - PERSONNEL
The CONSUL TANT represents that it has, or will secure at its own expense, all necessary personnel required to perform the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the COUNTY.
All of the services required hereinunder shall be performed by the CONSULTANT or under its supervision, and all personnel engaged in performing the services shall be fully qualified and, if required, authorized or permitted under state and local law to perform such services.
Any changes or substitutions in the CONSULTANT'S key personnel, as may be listed in Exhibit A, must be made known to the COUNTY'S representative and written approval must be granted by the COUNTY's representative before said change or substitution can become effective.
The CONSULT ANT warrants that all services shall be performed by skilled and competent personnel to the highest professional standards in the field.
All of the CONSULTANT'S personnel (and all Subcontractors) while on County premises will comply with all COUNTY requirements governing conduct, safety and security.
ARTICLE 7 - SUBCONTRACTING
The COUNTY reserves the right to accept the use of a subcontractor or to reject the selection of a particular subcontractor and to inspect all facilities of any subcontractors in order to make a determination as to the capability of the subcontractor to perform properly under this Contract.
If a subcontractor fails to perform or make progress, as required by this Contract, and it is necessary to replace the subcontractor to complete the work in a timely fashion, the CONSULTANT shall promptly do so, subject to acceptance of the new subcontractor by the COUNTY.
The CONSUL TANT is encouraged to seek small business enterprises (SBE) for participation in subcontracting opportunities. The Palm Beach County Board of County Commissioners has established a minimum goal for SBE participation of 15% on all County solicitations. There is no required participation percentage for this Contract.
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If the CONSULTANT uses any SBE subcontractors on this project the following provisions shall apply:
The CONSULT ANT agrees to abide by all provisions of the Palm Beach County Code establishing the SBE Program, as amended, and understands that failure to comply with any of the requirements will be considered a breach of contract.
The CONSULT ANT understands that each SBE firm utilized on this Contract must be certified by Palm Beach County in order to be counted toward the SBE participation goal.
The CONSULTANT shall provide the COUNTY with a copy of the CONSULTANT's contract with any SBE subcontractor or any other related documentation upon request.
The CONSUL TANT understands the requirements to comply with the tasks and proportionate dollar amounts throughout the term of this Contract as it relates to the use of SBE firms.
The CONSUL TANT agrees to maintain all relevant records and information necessary to document compliance pursuant to Palm Beach County Code, Chapter 2, Article III, Sections 2-71 through 2-80.13 and any revisions thereto, and will allow the COUNTY to inspect such records.
ARTICLE 8 - FEDERAL AND STATE TAX
The COUNTY is exempt from payment of Florida State Sales and Use Taxes. The COUNTY will sign an exemption certificate submitted by the CONSULT ANT. The CONSUL TANT shall not be exempted from paying sales tax to its suppliers for materials used to fulfill contractual obligations with the COUNTY, nor is the CONSUL TANT authorized to use the COUNTY'S Tax Exemption Number in securing such materials.
The CONSULTANT shall be responsible for payment of its own and its share of its employees' payroll, payroll taxes, and benefits with respect to this contract.
ARTICLE 9 - AVAILABILITY OF FUNDS
The COUNTY'S performance and obligation to pay under this contract for subsequent fiscal years is contingent upon annual appropriations for its purpose by the Board of County Commissioners.
ARTICLE IO - INSURANCE
A. CONSUL TANT shall, at its sole expense, agree to maintain in full force and effect at all
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times during the life of this Contract, insurance coverages and limits (including endorsements), as described herein. The requirements contained herein, as well as COUNTY'S review or acceptance of insurance maintained by CONSULTANT are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by CONSUL TANT under the contract.
B. Commercial General Liability CONSUL TANT shall maintain Commercial General Liability at a limit ofliability not less than $500,000 Each Occurrence. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted in writing by County's Risk Management Department. CONSULTANT shall provide this coverage on a primary basis.
C. Business Automobile Liability CONSUL TANT shall maintain Business Automobile Liability at a limit of liability not less than $500,000 Each Accident for all owned automobiles. In the.event CONSULTANT doesn't own any automobiles, the Business Auto Liability requirement shall be amended allowing CONSUL TANT to agree to maintain only Hired & Non-Owned Auto Liability. This amended requirement may be satisfied by way of endorsement to the Commercial General Liability, or separate Business Auto coverage form. CONSUL TANT shall provide this coverage on a primary basis.
D. Worker's Compensation Insurance & Employers Liability CONSULTANT shall maintain Worker's Compensation & Employers Liability in accordance with Florida Statute Chapter440. CONSULTANT shall provide this coverage on a primary basis.
E. Professional Liability CONSUL TANT shall maintain Professional Liability, or equivalent Errors & Omissions Liability at a limit of liability not less than $1,000,000 Per Occurrence. When a self-insured retention (SIR) or deductible exceeds $10,000, COUNTY reserves the right, but not the obligation, to review and request a copy of CONSULTANT'S most recent annual report or audited financial statement. For policies written on a "Claims-Made" basis, CONSUL TANT shall maintain a Retroactive Date prior to or equal to the effective date of this Contract. In the event the policy is canceled, non-renewed, switched to an Occurrence Form, retroactive date advanced, or any other event triggering the right to purchase a Supplement Extended Reporting Period (SERP) during the life of this Contract, CONSULT ANT shall purchase a SERP with a minimum reporting period not less than 3 years. CONSUL TANT shall provide this coverage on a primary basis.
F. Additional Insured CONSUL TANT shall endorse the COUNTY as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Palm Beach County Board of County Commissioners. a Political Subdivision of the State of Florida, its Officers, Employees and Agents." CONSUL TANT shall provide the Additional Insured endorsements coverage on a primary basis.
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G. Waiver of Subrogation CONSULTANT hereby waives any and all rights of Subrogation against the County, its officers, employees and agents for each required policy. When required by the insurer, or should a policy condition not permit an insured to enter into a pre-loss agreement to waive subrogation without an endorsement, then CONSULTANT shall agree to notify the insurer and request the policy be endorsed with a Waiver of Transfer of rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which includes a condition to the policy specifically prohibiting such an endorsement, or voids coverage should CONSULTANT enter into such an agreement on a pre-loss basis.
H. Certificate(s) of Insurance Prior to execution of this Contract, CONSULTANT shall deliver to the COUNTY'S representative as identified in Article 26, a Certificate(s) of Insurance evidencing that all types and amounts of insurance coverages required by this Contract have been obtained and are in full force and effect. Such Certificate(s) of Insurance shall include a minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage. The Certificate holder shall be "Palm Beach County, ATTN: ERM Director, 2300 N Jog Road, 4th Floor, West Palm Beach, FL 33411," or his successor/current address.
I. Umbrella or Excess Liability If necessary, CONSUL TANT may satisfy the minimum limits required above for either Commercial General Liability, Business Auto Liability, and Employer's Liability coverage under Umbrella or Excess Liability. The Umbrella or Excess Liability shall have an Aggregate limit not less than the highest "Each Occurrence" limit for either Commercial General Liability, Business Auto Liability, or Employer's Liability. The COUNTY shall be specifically endorsed as an "Additional Insured" on the Umbrella or Excess Liability, unless the Certificate of Insurance notes the Umbrella or Excess Liability provides coverage on a "Follow-Form" basis.
J. Right to Review COUNTY, by and through its Risk Management Department, in cooperation with the contracting/monitoring department, reserves the right to review, modify, reject or accept any required policies of insurance, including limits, coverages, or endorsements, herein from time to time throughout the term of this Contract. COUNTY reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally.
K. Watercraft Liability CONSULTANT shall provide Watercraft Liability, or equivalent Protection & Indemnity coverage, which shall have minimum limits of $500,000 per occurrence combined single limit for bodily injury and property damage. Coverage shall include "Palm Beach County Board of County Commissioners, a Poiitical Subdivision of the State of Florida, its Officers, Employees and Agents" as an Additional Insured.
This coverage requirement may also be satisfied via endorsement to the CONSULTANT'S Commercial General Liability policy with a "CG 24 12 Boats" endorsement or similar endorsement.
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ARTICLE 11 - INDEMNIFICATION
CONSULTANT shall protect, defend, reimburse, indemnify and hold COUNTY, its agents, employees and elected officers harmless from and against all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during and as a result of their performance of the terms of this Contract or due to the acts or omissions of CONSULTANT.
ARTICLE 12 - SUCCESSORS AND ASSIGNS
The COUNTY and the CONSULT ANT each binds itself and its partners, successors, executors, administrators and assigns to the other party and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Contract. Except as above, neither the COUNTY nor the CONSUL TANT shall assign, sublet, convey or transfer its interest in this Contract without the prior written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the COUNTY, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the COUNTY and the CONSULTANT.
ARTICLE 13 - REMEDIES
This Contract shall be governed by the laws of the State of Florida. Any legal action necessary to enforce the Contract will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof.
ARTICLE 14 - CONFLICT OF INTEREST
The CONSULT ANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Chapter 112, Part III, Florida Statutes. The CONSULT ANT further represents that no person having any such conflict of interest shall be employed for said performance of services.
The CONSUL TANT shall promptly notify the COUNTY's representative, in writing, by certified mail, of all potential conflicts of interest of any prospective business association, interest or other circumstance which may influence or appear to influence the CONSULT ANT'S judgment or quality of services being provided hereunder. Such written notification shall identify the
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prospective business association, interest or circumstance, the nature of work that the CONSUL TANT may undertake and request an opinion of the COUNTY as to whether the association, interest or circumstance would, in the opinion of the COUNTY, constitute a conflict of interest if entered into by the CONSUL TANT. The COUNTY agrees to notify the CONSUL TANT of its opinion by certified mail within thirty (30) days of receipt of notification by the CONSULT ANT. If, in the opinion of the COUNTY, the prospective business association, interest or circumstance would not constitute a conflict of interest by the CONSULT ANT, the COUNTY shall so state in the notification and the CONSUL TANT shall, at its option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the COUNTY by the CONSUL TANT under the terms of this Contract.
ARTICLE 15 - EXCUSABLE DELAYS
The CONSUL TANT shall not be considered in default by reason of any failure in performance if such failure arises out of causes reasonably beyond the control of the CONSULTANT or its subcontractors and without their fault or negligence. Such causes include, but are not limited to, acts of God, force majeure, natural or public health emergencies, labor disputes, freight embargoes, and abnormally severe and unusual weather conditions.
Upon the CONSULTANT'S request, the COUNTY shall consider the facts and extent of any failure to perform the work and, if the CONSULTANT'S failure to perform was without it or its subcontractors fault or negligence, the Contract Schedule and/or any other affected provision of this Contract shall be revised accordingly, subject to the COUNTY'S rights to change, terminate, or stop any or all of the work at any time.
ARTICLE 16 - ARREARS
The CONSUL TANT shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The CONSUL TANT further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Contract.
ARTICLE 17 - DISCLOSURE AND OWNERSHIP OF DOCUMENTS
The CONSUL TANT shall deliver to the COUNTY's representative for approval and acceptance, and before being eligible for final payment of any amounts due, all documents and materials prepared by and for the COUNTY under this Contract.
To the extent allowed by Chapter 119, Florida Statutes, all written and oral information not in
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the public domain or not previously known, and all information and data obtained, developed, or supplied by the COUNTY or at its expense will be kept confidential by the CONSUL TANT and will not be disclosed to any other party, directly or indirectly, without the COUNTY'S prior written consent unless required by a lawful court order. All drawings, maps, sketches, programs, data base, reports and other data developed, or purchased, under this Contract for or at the COUNTY'S expense shall be and remain the COUNTY'S property and may be reproduced and reused at the discretion of the COUNTY.
All covenants, agreements, representations and warranties made herein, or otherwise made in writing by any party pursuant hereto, including but not limited to any representations made herein relating to disclosure or ownership of documents, shall survive the execution and delivery of this Contract and the consummation of the transactions contemplated hereby.
ARTICLE 18 - INDEPENDENT CONTRACTOR RELATIONSHIP
The CONSULTANT is, and shall be, in the performance of all work services and activities under this Contract, an Independent Contractor, and not an employee, agent, or servant of the COUNTY. All persons engaged in any of the work or services performed pursuant to this Contract shall at all times, and in all places, be subject to the CONSULT ANT'S sole direction, supervision, and control. The CONSUL TANT shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the CONSULTANT'S relationship and the relationship of its employees to the COUNTY shall be that of an Independent Contractor and not as employees or agents of the COUNTY.
The CONSUL TANT does not have the power or authority to bind the COUNTY in any promise, agreement or representation.
ARTICLE 19 - CONTINGENT FEES
The CONSUL TANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSUL TANT to solicit or secure this Contract and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONSUL TANT, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Contract.
ARTICLE 20 - ACCESS AND AUDITS
The CONSULT ANT shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the work for at least three (3) years after completion or termination of this Contract. The COUNTY shall have access to such books, records, and documents as required in this section for the pu;se of inspection or audit during normal / /
business hours, at the CONSULTANT'S place of business.
ARTICLE 21 - NONDISCRIMINATION
The CONSUL TANT warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation.
ARTICLE 22 - AUTHORITY TO PRACTICE
The CONSULT ANT hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to the COUNTY's representative upon request.
ARTICLE 23 - SEVERABILITY
If any term or provision of this Contract, or the application thereof to any person or circumstances shall, to any extent, be held invalid or m1enforceable, the remainder of this Contract, or the application of such terms 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 Contract shall be deemed valid and enforceable to the extent permitted by law.
ARTICLE 24- PUBLIC ENTITY CRIMES
As provided in F.S. 287.132-133, by entering into this contract or performing any work in furtherance hereof, the CONSULT ANT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133(3)(a).
ARTICLE 25 - MODIFICATIONS OF WORK
The COUNTY reserves the right to make changes in Scope of Work, including alterations, reductions therein or additions thereto. Upon receipt by the CONSULTANT of the COUNTY'S notification ofa contemplated change, the CONSULTANT shall, in writing: (1) provide a detailed estimate for the increase or decrease in cost due to the contemplated change, (2) notify the COUNTY of any estimated change in the completion date, and (3) advise the COUNTY if the contemplated change shall affect the CONSULTANT'S ability to meet the completion dates or schedules of this Contract.
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If the COUNTY so instructs in writing, the CONSULTANT shall suspend work on that portion of the Scope of Work affected by a contemplated change, pending the COUNTY'S decision to proceed with the change.
If the COUNTY elects to make the change, the COUNTY shall initiate a Contract Amendment and the CONSUL TANT shall not commence work on any such change until such written amendment is signed by the CONSULTANT and approved and executed on behalf of Palm Beach County.
ARTICLE 26 - NOTICE
All notices required in this Contract shall be sent by certified mail, return receipt requested, hand delivery or other delivery service requiring signed acceptance. If sent to the COUNTY, notices shall be addressed to:
Director Department of Environmental Resources Management 2300 N Jog Road, 4th Floor West Palm Beach, FL 33411
With copy to:
Palm Beach County Attorney's Office 301 North Olive Ave. West Palm Beach, Florida 33401
If sent to the CONSULTANT, notices shall be addressed to:
Michael Bresette In Water Research Group, Inc. 4160 NE Hyline Drive Jensen Beach, FL 34957
ARTICLE 27 - ENTIRETY OF CONTRACTUAL AGREEMENT
The COUNTY and the CONSULTANT agree that this Contract sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Contract may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto in accordance with Article 25- Modifications of Work.
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ARTICLE 28 - CRIMINAL IDSTORY RECORDS CHECK
The CONSULTANT shall comply with the provisions of Ordinance 2003-030, as amended :from time to time, the Criminal History Records Check Ordinance ("Ordinance"), if CONSUL TANT' S employees or subcontractors are required under this contract to enter a "critical facility" as identified in Resolution R-2003-1274. The CONSULTANT acknowledges and agrees that all employees and subcontractors who are to enter a "critical facility" will be subject to a fingerprint based criminal history records check. Although COUNTY agrees to pay for all applicable FDLE/FBI fees required for criminal history record checks, the CONSULTANT shall be solely responsible for the financial, schedule, and staffing implications associated in complying with Ordinance 2003-030, as amended :from time to time.
ARTICLE 29 - REGULATIONS: LICENSING REQUIREMENTS
The CONSUL TANT shall comply with all laws, ordinances, and regulations applicable to the services contemplated herein, to include those applicable to conflict of interest and collusion. CONSUL TANT is presumed to be familiar with all federal, state, and local laws, ordinances, codes, and regulations that may in any way affect the services offered.
Remainder of page intentionally left blank.
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IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida has made and executed this Contract on behalf of the COUNTY and CONSUL TANT has hereunto set its hand the day and year above written.
ATTEST: PALM BEACH COUNTY Sharon R. Bock, Clerk & Comptroller BOARD OF COUNTY COMMISSIONERS:
By:._________ By:. ____________ _ Deputy Clerk Addie L. Greene, Chairperson
WITNESS: CONSULTANT:
\ J.)°'-~t~':)e,~-Nitme (type or print)
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
By _________ _ Assistant County Attorney
APPROVED AS TO
~NDfflONS
By -~~ Richard E. Walesky, Director
Michael Bresette Typed Name
President/Director Title
( corp. seal)
Department of Environmental Resources Management
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EXIIlBITA
SCOPE OF WORK
Population Assessment of Sea Turtles in Northern Palm Beach County
The purpose of this contract is to provide in-water sea turtle monitoring services to assess offshore sea turtle populations in northern Palm Beach County. This project will meet Florida Department of Environmental Protection (FDEP) and Florida Fish and Wildlife Conservation Commission (FWC) permit requirements associated with the Jupiter Carlin Shoreline Protection Project, Juno Beach Shoreline Protection Project, and the Singer Island Breakwater Project.
In Water Research Group, Inc. (CONSULTANT), a non-profit organization, has been conducting in-water sea turtle monitoring since 2001, and operate under National Marine Fisheries (NMFS) Permit No. 1462 and FWC Marine Turtle Permit No. 125. All monitoring set forth in this Scope of Work shall be conducted by the CONSULTANT. All data shall be collected, summarized, and submitted to the COUNTY at the end of each task as set forth in Exhibit B. The COUNTY may, at its discretion, observe data collection techniques for the purpose of validating compliance with NMFS and FWC guidelines and this contract.
The study area includes the fill, control, and downdrift areas for the Jupiter Carlin Shoreline Protection Project, the Juno Beach Shoreline Protection Project, and the Singer Island Breakwater Project, located between the Jupiter Inlet to the north and the Palm Beach Inlet to the south. These study sites were identified by analyzing 2006 and 2007 digital aerials, provided by the COUNTY, for exposed nearshore hardbottom. Habitat in this area consists primarily of a 200 foot wide reef tract in 10-20 feet of water.
Sampling for this project shall occur during quarterly one-day monitoring events between fall 2007 and winter 2012. Each sampling event shall consist of the following 6 transects conducted via boat in areas identified by the COUNTY; the COUNTY shall provide start and end GPS coordinates of each transect:
• Jupiter Carlin nourishment transect: R-13 to R-19 • Juno Pier transect: pier parallel transect replicated at 100 and 300 feet from Pier • Juno nourishment downdrift transect: R-47 to R-52 • Singer Island breakwater transect: R-60.5 to R-68 • Singer Island downdrift transect: R-68 to R-69 • Control transect (all projects): R-53 to R-60.5
All transects shall be replicated at 200 feet and 400 feet from shore, except for the Juno Pier transect, which shall be replicated at 100 feet and 300 feet from the Pier. Sampling events shall only occur when sea conditions are 2 foot or less with underwater vertical visibility of greater than 5 feet. The vessel shall traverse each transect at a speed of 5 knots per hours or less and shall be equipped with an elevated sighting tower staffed with two observers; the observers shall sight turtles within 100 feet of the transect. Every time a turtle is spotted, the species, size class
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(adult or juvenile}, time, distance and direction from transect, and GPS coordinates shall be recorded.
DELIVERABLES:
All data shall be maintained in a Microsoft Excel spreadsheet and reports shall be submitted in Microsoft Word. All reports shall be submitted to the COUNTY within 15 days of the end of the quarter, in both hard copy and electronic format, and shall summarize:
• weather conditions and visibility • number of turtles spotted • turtle distribution throughout the project areas • turtle species and size class distribution
Cumulative reports shall be submitted once per year as described by Exhibit B.
An electronic version of the Excel spreadsheet shall be included with each report submission, and shall include:
• survey date • beginning and end coordinates of each transect • start and end times of each transect • coordinates and distance and direction off transect for each sighting • time of each sighting • species and size class of each sighting
All GPS coordinates shall be submitted in latitude/longitude decimal degrees.
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EXIDBITB
SCHEDULE OF PAYMENTS
The Scope of Work to be completed by CONSULTANT as defined in Exhibit A consists of specific completion tasks which shall be clearly identified on a task-by-task basis upon submission to the COUNTY of certain "deliverables" as expressly indicated below. Compensation for the work tasks stated herein shall be in accordance with the following Schedule of Payments:
• "Deliverables" shall be defined as reports and data files as described in Exhibit A.
TASKl Task(s) to be Completed: Monitoring event for spring 2008 Completion Time: July 15, 2008 Compensation for spring 2008 monitoring event: $ 2,838.00 Deliverable(s) Required: Report for spring 2008 monitoring event as set forth in Exhibit A
TASK2 Task(s) to be Completed: Monitoring event for summer 2008 Completion Time: October 15, 2008 Compensation for summer 2008 monitoring event: $2,838.00 Deliverable(s) Required: Report for summer 2008 monitoring event as set forth in Exhibit A
TASK3 Task(s) to be Completed: Monitoring event for fall 2008 Completion Time: January 15, 2009 Compensation for fall 2008 monitoring event: $2,838.00 Deliverable(s) Required: Cumulative report for all monitoring events as set forth in Exhibit A
TASK4 Task(s) to be Completed: Monitoring event for winter 2009 Completion Time: April 15, 2009 Compensation for winter 2009 monitoring event: $2,923.00 Deliverable(s) Required: Report for winter 2009 monitoring event as set forth in Exhibit A
TASKS Task(s) to be Completed: Monitoring event for spring 2009 Completion Time: July 15, 2009 Compensation for spring 2009 monitoring event: $2,923.00 Deliverable(s) Required: Report for spring 2009 monitoring event as set forth in Exhibit A
TASK6
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Task(s) to be Completed: Monitoring event for summer 2009 Completion Time: October 15, 2009 Compensation for summer 2009 monitoring event: $2,923.00 Deliverable(s) Required: Report for summer 2009 monitoring event as set forth in Exhibit A
TASK7 Task(s) to be Completed: Monitoring event for fall 2009 Completion Time: January 15, 2010 Compensation for fall 2009 monitoring event: $ 2,923.00 Deliverable(s) Required: Cumulative report for all monitoring events as set forth in Exhibit A
TASKS Task(s) to be Completed: Monitoring event for winter 2010 Completion Time: April 15, 2010 Compensation for winter 2010 monitoring event: $3,011.00 Deliverable(s) Required: Report for winter 2010 monitoring event as set forth in Exhibit A
TASK9 Task(s) to be Completed: Monitoring event for spring 2010 Completion Time: July 15, 2010 Compensation for spring 2010 monitoring event: $ 3,011.00 Deliverable(s) Required: Report for spring 2010 monitoring event as set forth in Exhibit A
TASK10 Task(s) to be Completed: Monitoring event for summer 2010 Completion Time: October 15. 2010 Compensation for summer 2010 monitoring event: $ 3 .O 11.00 Deliverable(s) Required: Report for summer 2010 monitoring event as set forth in Exhibit A
TASKll Task(s) to be Completed: Monitoring event for fall 2010 Completion Time: January 15. 2011 Compensation for fall 2010 monitoring event: $ 3,011.00 Deliverable(s) Required: Cumulative report for all monitoring events as set forth in Exhibit A
TASK12 Task(s) to be Completed: Monitoring event for winter 2011 Completion Time: April 15, 2011 Compensation for winter 2011 monitoring event: $ 3,101.00 Deliverable(s) Required: Report for winter 2011 monitoring event as set forth in Exhibit A
TASK13 Task(s) to be Completed: Monitoring event for spring 2011 Completion Time: July 15, 2011 Compensation for spring 2011 monitoring event:
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$3,101.00
If
Deliverable(s) Required: Report for spring 2011 monitoring event as set forth in Exhibit A
TASK14 Task(s) to be Completed: Monitoring event for summer 2011 Completion Time: October 15, 2011 Compensation for summer 2011 monitoring event: $ 3,101.00 Deliverable(s) Required: Report for summer 2011 monitoring event as set forth in Exhibit A
TASK15 Task(s) to be Completed: Monitoring event for fall 2011 Completion Time: January 15, 2012 Compensation for fall 2011 monitoring event: $ 3,101.00 Deliverable(s) Required: Cumulative report for all monitoring events as set forth in Exhibit A
TASK16 Task(s) to be Completed: Monitoring event for winter 2012 Completion Time: April 15. 2012 Compensation for winter 2012 monitoring event: $ 3,194.00 Deliverable(s) Required: Cumulative report for all monitoring events as set forth in Exhibit A
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CERTIFICATE (Corporation)
The undersigned hereby certifies that the following are true and correct statements:
1. That he/she is the Secretary of ~...,.-..J.<..,- 12..u .. ~~ird- Grv.':'::'f, ~ .• a corporation organized and existing in good standing under the laws of the State of fLo rid- hereinafter referred to as the "Corporation", and that the following Resolutions are true and correct copies of certain Resolutions adopted by the Board of Directors of the Corporate as the ~d day of
A,>; l J • 20 o t • in accordance with the laws of the State of the state of incorporation of the Corporation, the Articles of Incorporation and the By-laws of the Corporation.
RESOLVED, that the Corporation shall enter into that certain Agreement between Palm Beach County, a political subdivision of the State of Florida and the Corporation, a copy of which is attached hereto, and be it
FURTHER RESOLVED, that ~1~~c. L, I 'Bv~ ~1tb , the f'y-~~J ~ ..... f- of the Corporation, is hereby authorized and instructed to execute such Agreement and such other instruments as may be necessary and appropriate for the Corporation to fulfill its obligations under the Agreement.
2. That the foregoing resolutions have not been modified, amended, rescinded, revoked or otherwise changed and remain in full force and effect as of the date hereof.
3. That the Corporation is in good standing under the laws of the State of Florida or its state of incorporation, if other, and has qualified, if legally required, to do business in the State of Florida and has the full power and authority to enter into such Agreement.
IN WITNESS WHEREOF, the undersigned has set his hand and affixed the Corporate Seal of the Cqr,poration the 1t:-ti:.. day of Jh,v'1.. I • 20 or .
,,., .. ,,.,,, ,,.,.
!r _.,,..., .
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(CORPORATE SEAL) (Signature)
'])es,......._ ft-. Bt:::')1~~ I ~"" L.:~l (Print Signatory'same & title)
SWORN TO AND SUBSCRIBED before me this (' day of !/.,..-, / . 20 , by the Secretary of the aforesaid Corporation, who is personally known to me OR who produced
<9 ""6 as identification and wh did __ take an oath.
This Contract is made as of the_ day of ___ ~ 2008, by and between Palm Beach County, a Political Subdivision of the State of Florida, by and through its Board of Commissioners, hereinafter referred to as the COUNTY, and In Water Research Group, Inc. 4160 NE Hyline Drive, Jensen Beach, FL 34957, a not-for-profit corporation authorized to do business in the State of Florida, hereinafter referred to as the CONSULTANT, whose Federal I.D. is 65-1090322.
In consideration of the mutual promises contained herein, the COUNTY and the CONSUL TANT agree as follows:
ARTICLE 1 - SERVICES
The CONSULTANT'S responsibility under this Contract is to provide professional/consultation services and in-water sea turtle monitoring in the area of Lake Worth Lagoon, as more specifically set forth in the Scope of Work detailed in Exhibit A.
The COUNTY'S representative/liaison during the performance of this Contract shall be Richard E. Walesky, telephone no. 561-233-2400.
The CONSUL TANT' S representative/liaison during the performance of this Contract shall be Michael Bresette, telephone no. 772-349-5905.
ARTICLE 2 - SCHEDULE
The CONSULTANT shall commence services upon receipt of the COUNTY's written Notice to Proceed and complete all services by January 15, 2011. Each sampling event described in Exhibit A shall be authorized by a Notice to Proceed, as funding is secured.
Reports and other items shall be delivered or completed in accordance with the detailed schedule set forth in Exhibits A and B.
ARTICLE 3 -PAYMENTS TO CONSULTANT
A. The total amount to be paid by the COUNTY under this Contract for all services and materials shall not exceed a total contract amount of Eighty-Eight Thousand, One Hundred, Twenty Dollars ($88,120). The CONSULTANT will bill the COUNTY in accordance with the schedule of payment set forth in Exhibit B for services rendered toward the completion of the Scope of Work.
B. Invoices received from the CONSULT ANT pursuant to this Contract will be reviewed
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and approved by the COUNTY's representative, to verify that services have been rendered in conformity with the Contract. Approved invoices will then be sent to the Finance Department for payment. Invoices will normally be paid within thirty (30) days following the COUNTY representative's approval.
C. "Out-of-pocket" expenses including, but not limited to, mailing charges, copying fees, telephone charges and miscellaneous supplies shall not be reimbursed under this Contract.
D. Final Invoice: In order for both parties herein to close their books and records, the CONSULTANT will clearly state "final invoice" on the CONSULTANT'S final/last billing to the COUNTY. This shall constitute CONSULTANT'S certification that all services have been properly performed and all charges and costs have been invoiced to Palm Beach County. Any other charges not properly included on this final invoice are waived by the CONSULTANT.
ARTICLE 4 - TRUTH-IN-NEGOTIATION CERTIFICATE
Signature of this Contract by the CONSUL TANT shall also act as the execution of a truth-innegotiation certificate certifying that the wage rates, over-head charges, and other costs used to determine the compensation provided for in this Contract are accurate, complete and current as of the date of the Contract and no higher than those charged the CONSULTANT'S most favored customer for the same or substantially similar service.
The said rates and costs shall be adjusted to exclude any significant sums should the COUNTY determine that the rates and costs were increased due tc inaccurate, incomplete or noncurrent wage rates or due to inaccurate representations of fees paid to outside consultants. The COUNTY shall exercise its rights under this Article 4 within three (3) years following final payment.
ARTICLE 5 - TERMINATION
This Contract may be terminated by the CONSULTANT upon sixty (60) days' prior written notice to the COUNTY's representative in the event of substantial failure by the COUNTY to perform in accordance with the terms of this Contract through no fault of the CONSULTANT. It may also be terminated, in whole or in part, by the COUNTY, with or without cause, immediately upon written notice to the CONSULTANT. Unless the CONSULTANT is in breach of this Contract, the CONSUL TANT shall be paid for services rendered to the COUNTY'S satisfaction through the date of termination. After receipt of a Termination Notice and except as otherwise directed by the COUNTY the CONSUL TANT shall:
A. Stop work on the date and to the extent specified.
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B. Terminate and settle all orders and subcontracts relating to the performance of the terminated work.
C. Transfer all work in process, completed work, and other materials related to the terminated work to the COUNTY.
D. Continue and complete all parts of the work that have not been terminated.
ARTICLE 6 - PERSONNEL
The CONSULTANT represents that it has, or will secure at its own expense, all necessary personnel required to perform the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the COUNTY.
All of the services required hereinunder shall be performed by the CONSULTANT or under its supervision, and all personnel engaged in performing the services shall be fully qualified and, if required, authorized or permitted under state and local law to perform such services.
Any changes or substitutions in the CONSULT ANT'S key personnel, as may be listed in Exhibit A, must be made known to the COUNTY'S representative and written approval must be granted by the COUNTY's representative before said change or substitution can become effective.
The CONSUL TANT warrants that all services shall be performed by skilled and competent personnel to the highest professional standards in the field.
All of the CONSULTANT'S personnel (and all Subcontractors) while on County premises will comply with all COUNTY requirements governing conduct, safety and security.
ARTICLE 7 - SUBCONTRACTING
The COUNTY reserves the right to accept the use of a subcontractor or to reject the selection of a particular subcontractor and to inspect all facilities of any subcontractors in order to make a determination as to the capability of the subcontractor to perform properly under this Contract.
If a subcontractor fails to perform or make progress, as required by this Contract, and it is necessary to replace the subcontractor to complete the work in a timely fashion, the CONSULTANT shall promptly do so, subject to acceptance of the new subcontractor by the COUNTY.
The CONSULT ANT is encouraged to seek small business enterprises (SBE) for participation in subcontracting opportunities. The Palm Beach County Board of County Commissioners has established a minimum goal for SBE participation of 15% on all County solicitations. There is no required participation percentage for this Co:tract. ,,.?t/
If the CONSUL TANT uses any SBE subcontractors on this project the following provisions shall apply:
The CONSULT ANT agrees to abide by all provisions of the Palm Beach County Code establishing the SBE Program, as amended, and understands that failure to comply with any of the requirements will be considered a breach of contract.
The CONSUL TANT understands that each SBE firm utilized on this Contract must be certified by Palm Beach County in order to be counted toward the SBE participation goal.
The CONSULTANT shall provide the COUNTY with a copy of the CONSULTANT's contract with any SBE subcontractor or any other related documentation upon request.
The CONSULTANT understands the requirements to comply with the tasks and proportionate dollar amounts throughout the term of this Contract as it relates to the use of SBE firms.
The CONSUL TANT agrees to maintain all relevant records and information necessary to document compliance pursuant to Palm Beach County Code, Chapter 2, Article III, Sections 2-71 through 2-80.13 and any revisions thereto, and will allow the COUNTY to inspect such records.
ARTICLE 8 - FEDERAL AND STATE TAX
The COUNTY is exempt from payment of Florida State Sales and Use Taxes. The COUNTY will sign an exemption certificate submitted by the CONSULTANT. The CONSULTANT shall not be exempted from paying sales tax to its suppliers for materials used to fulfill contractual obligations with the COUNTY, nor is the CONSULT ANT authorized to use the COUNTY'S Tax Exemption Number in securing such materials.
The CONSULTANT shall be responsible for payment of its own and its share of its employees' payroll, payroll taxes, and benefits with respect to this contract.
ARTICLE 9 - AVAILABILITY OF FUNDS
The COUNTY'S performance and obligation to pay under this contract for subsequent fiscal years is contingent upon annual appropriations for its purpose by the Board of County Commissioners.
ARTICLE 10 - INSURANCE
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A. CONSULTANT shall, at its sole expense, agree to maintain in full force and effect at all times during the life of this Contract, insurance coverages and limits (including endorsements), as described herein. The requirements contained herein, as well as COUNTY'S review or acceptance of insurance maintained by CONSULTANT are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by CONSUL TANT under the contract.
B. Commercial General Liability CONSUL TANT shall maintain Commercial General Liability at a limit ofliability not less than $500,000 Each Occurrence. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted in writing by County's Risk Management Department. CONSULTANT shall provide this coverage on a primary basis.
C. Business Automobile Liability CONSULTANT shall maintain Business Automobile Liability at a limit ofliability not less than $500,000 Each Accident for all owned automobiles. In the event CONSULTANT doesn't own any automobiles, the Business Auto Liability requirement shall be amended allowing CONSUL TANT to agree to maintain only Hired & Non-Owned Auto Liability. This amended requirement may be satisfied by way of endorsement to the Commercial General Liability, or separate Business Auto coverage form. CONSULTANT shall provide this coverage on a primary basis.
D. Worker's Compensation Insurance & Employers Liability CONSULTANT shall maintain Worker's Compensation & Employers Liability in accordance with Florida Statute Chapter 440. CONSUL TANT shall provide this coverage on a primary basis.
E. Professional Liability CONSULT ANT shall maintain Professional Liability, or equivalent Errors & Omissions Liability at a limit of liability not less than $1,000,000 Per Occurrence. When a self-insured retention (SIR) or deductible exceeds $10,000, COUNTY reserves the right, but not the obligation, to review and request a copy of CONSULTANT'S most recent annual report or audited financial statement. For policies written on a "Claims-Made" basis, CONSULTANT shall maintain a Retroactive Date prior to or equal to the effective date of this Contract. In the event the policy is canceled, non-renewed, switched to an Occurrence Form, retroactive date advanced, or any other event triggering the right to purchase a Supplement Extended Reporting Period (SERP) during the life of this Contract, CONSUL TANT shall purchase a SERP with a minimum reporting period not less than 3 years. CONSUL TANT shall provide this coverage on a primary basis.
F. Additional Insured CONSULTANT shall endorse the COUNTY as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Palm Beach County Board of County Commissioners, a Political Subdivision of the State of Florida, its Officers, Employees and Agents." CONSULT ANT shall provide the Additional Insured endorsements coverage on a
Waiver of Subrogation CONSUL TANT hereby waives any and all rights of Subrogation against the County, its officers, employees and agents for each required policy. When required by the insurer, or should a policy condition not permit an insured to enter into a pre-loss agreement to waive subrogation without an endorsement, then CONSULT ANT shall agree to notify the insurer and request the policy be endorsed with a Waiver of Transfer of rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which includes a condition to the policy specifically prohibiting such an endorsement, or voids coverage should CONSULTANT enter into such an agreement on a pre-loss basis.
Certificate(s) of Insurance Prior to execution of this Contract, CONSUL TANT shall deliver to the COUNTY'S representative as identified in Article 26, a Certificate(s) of Insurance evidencing that all types and amounts of insurance coverages required by this Contract have been obtained and are in full force and effect. Such Certificate(s) of Insurance shall include a minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage. The Certificate holder shall be "Palm Beach County, ATTN: ERM Director, 2300 N Jog Road, 4th Floor, West Palm Beach, FL 33411," or his successor/current address.
Umbrella or Excess Liability If necessary, CONSUL TANT may satisfy the minimum limits required above for either Commercial General Liability, Business Auto Liability, and Employer's Liability coverage under Umbrella or Excess Liability. The Umbrella or Excess Liability shall have an Aggregate limit not less than the highest "Each Occurrence" limit for either Commercial General Liability, Business Auto Liability, or Employer's Liability. The COUNTY shall be specifically endorsed as an "Additional Insured" on the Umbrella or Excess Liability, unless the Certificate oflnsurance notes the Umbrella or Excess Liability provides coverage on a "Follow-Form" basis.
Right to Review COUNTY, by and through its Risk Management Department, in cooperation with the contracting/monitoring department, reserves the right to review, modify, reject or accept any required policies of insurance, including limits, coverages, or endorsements, herein from time to time throughout the term of this Contract. COUNTY reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally.
Watercraft Liability CONSULTANT shall provide Watercraft Liability, or equivalent Protection & Indemnity coverage, which shall have minimum limits of $500,000 per occurrence combined single limit for bodily injury and property damage. Coverage shall include "Palm Beach County Board of County Commissioners, a Political Subdivision of the State of Florida, its Officers, Employees and Agents" as an Additional Insured.
This coverage requirement may also be satisfied via endorsement to the CONSULTANT'S Commercial General Liability policy with a "CG 24 12 Boats"
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endorsement or similar endorsement.
ARTICLE 11 - INDEMNIFICATION
CONSULTANT shall protect, defend, reimburse, indemnify and hold COUNTY, its agents, employees and elected officers harmless from and against all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during and as a result of their performance of the terms of this Contract or due to the acts or omissions of CONSULTANT.
ARTICLE 12 - SUCCESSORS AND ASSIGNS
The COUNTY and the CONSUL TANT each binds itself and its partners, successors, executors, administrators and assigns to the other party and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Contract. Except as above, neither the COUNTY nor the CONSULTANT shall assign, sublet, convey or transfer its interest in this Contract without the prior written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the COUNTY, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the COUNTY and the CONSULTANT.
ARTICLE 13 - REMEDIES
This Contract shall be governed by the laws of the State of Florida. Any legal action necessary to enforce the Contract will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof.
ARTICLE 14 - CONFLICT OF INTEREST
The CONSULT ANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Chapter 112, Part III, Florida Statutes. The CONSULTANT further represents that no person having any such conflict of interest shall be employed for said performance of services.
The CONSULTANT shall promptly notify the COUNTY's representative, in writing, by certified mail, of all potential conflicts of interest of any prospective business association, interest or other circumstance which may influence or appear to influence the CONSULTANT'S judgment or
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quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the CONSULTANT may undertake and request an opinion of the COUNTY as to whether the association, interest or circumstance would, in the opinion of the COUNTY, constitute a conflict of interest if entered into by the CONSUL TANT. The COUNTY agrees to notify the CONSULTANT of its opinion by certified mail within thirty (30) days of receipt of notification by the CONSULTANT. If, in the opinion of the COUNTY, the prospective business association, interest or circumstance would not constitute a conflict of interest by the CONSULTANT, the COUNTY shall so state in the notification and the CONSULTANT shall, at its option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the COUNTY by the CONSUL TANT under the terms of this Contract.
ARTICLE 15 - EXCUSABLE DELAYS
The CONSUL TANT shall not be considered in default by reason of any failure in performance if such failure arises out of causes reasonably beyond the control of the CONSUL TANT or its subcontractors and without their fault or negligence. Such causes include, but are not limited to, acts of God, force majeure, natural or public health emergencies, labor disputes, freight embargoes, and abnormally severe and unusual weather conditions.
Upon the CONSULTANT'S request, the COUNTY shall consider the facts and extent of any failure to perform the work and, if the CONSULTANT'S failure to perform was without it or its subcontractors fault or negligence, the Contract Schedule and/or any other affected provision of this Contract shall be revised accordingly, subject to the COUNTY'S rights to change, terminate, or stop any or all of the work at any time.
ARTICLE 16 - ARREARS
The CONSULTANT shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The CONSULT ANT further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Contract.
ARTICLE 17 - DISCLOSURE AND OWNERSHIP OF DOCUMENTS
The CONSUL TANT shall deliver to the COUNTY's representative for approval and acceptance, and before being eligible for final payment of any amounts due, all documents and materials prepared by and for the COUNTY under this Contract.
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To the extent allowed by Chapter 119, Florida Statutes, all written and oral information not in the public domain or not previously known, and all information and data obtained, developed, or supplied by the COUNTY or at its expense will be kept confidential by the CONSULTANT and will not be disclosed to any other party, directly or indirectly, without the COUNTY'S prior written consent unless required by a lawful court order. All drawings, maps, sketches, programs, data base, reports and other data developed, or purchased, under this Contract for or at the COUNTY'S expense shall be and remain the COUNTY'S property and may be reproduced and reused at the discretion of the COUNTY.
All covenants, agreements, representations and warranties made herein, or otherwise made in writing by any party pursuant hereto, including but not limited to any representations made herein relating to disclosure or ownership of documents, shall survive the execution and delivery of this Contract and the consummation of the transactions contemplated hereby.
ARTICLE 18 - INDEPENDENT CONTRACTOR RELATIONSIIlP
The CONSUL TANT is, and shall be, in the performance of all work services and activities under this Contract, an Independent Contractor, and not an employee, agent, or servant of the COUNTY. All persons engaged in any of the work or services performed pursuant to this Contract shall at all times, and in all places, be subject to the CONSULTANT'S sole direction, supervision, and control. The CONSUL TANT shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the CONSULTANT'S relationship and the relationship of its employees to the COUNTY shall be that of an Independent Contractor and not as employees or agent~ of the COUNTY.
The CONSULTANT does not have the power or authority to bind the COUNTY in any promise, agreement or representation.
ARTICLE 19 - CONTINGENT FEES
The CONSUL TANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSUL TANT to solicit or secure this Contract and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONSUL TANT, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Contract.
ARTICLE 20 - ACCESS AND AUDITS
The CONSULT ANT shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the work for at least three (3) years after completion or termination of this Contract. The COUNTY shall have access to such books, records, and
documents as required in this section for the purpose of inspection or audit during normal business hours, at the CONSULTANT'S place of business.
ARTICLE 21 - NONDISCRIMINATION
The CONSUL TANT warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin,'ancestry, marital status, or sexual orientation.
ARTICLE 22 - AUTHORITY TO PRACTICE
The CONSUL TANT hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to the COUNTY's representative upon request.
ARTICLE 23 - SEVERABILITY
If any term or provision of this Contract, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Contract, or the application of such terms 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 Contract shall be deemed valid and enforceable to the extent permitted by law.
ARTICLE 24- PUBLIC ENTITY CRIMES
As provided in F.S. 287.132-133, by entering into this contract or performing any work in furtherance hereof, the CONSUL TANT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133(3)(a).
ARTICLE 25 - MODIFICATIONS OF WORK
The COUNTY reserves the right to make changes in Scope of Work, including alterations, reductions therein or additions thereto. Upon receipt by the CONSULTANT of the COUNTY'S notification of a contemplated change, the CONSUL TANT shall, in writing: ( 1) provide a detailed estimate for the increase or decrease in cost due to the contemplated change, (2) notify the COUNTY of any estimated change in the completion date, and (3) advise the COUNTY if the contemplated change shall affect the CONSULTANT'S ability to meet the completion dates
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or schedules of this Contract.
If the COUNTY so instructs in writing, the CONSULTANT shall suspend work on that portion of the Scope of Work affected by a contemplated change, pending the COUNTY'S decision to proceed with the change.
If the COUNTY elects to make the change, the COUNTY shall initiate a Contract Amendment and the CONSULT ANT shall not commence work on any such change until such written amendment is signed by the CONSUL TANT and approved and executed on behalf of Palm Beach County.
ARTICLE 26 - NOTICE
All notices required in this Contract shall be sent by certified mail, return receipt requested, hand delivery or other delivery service requiring signed acceptance. If sent to the COUNTY, notices shall be addressed to:
Director Department of Environmental Resources Management 2300 N Jog Road, 4th Floor West Palm Beach, FL 33411
With copy to:
Palm Beach County Attorney's Office 301 North Olive Ave. West Palm Beach, Florida 33401
If sent to the CONSULTANT, notices shall be addressed to:
Michael Bresette In Water Research Group, Inc. 4160 NE Hyline Drive Jensen Beach, FL 34957
ARTICLE 27 - ENTIRETY OF CONTRACTUAL AGREEMENT
The COUNTY and the CONSULTANT agree that this Contract sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Contract may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto in accordance with Article 25- Modifications of Work.
11
ARTICLE 28 - CRIMINAL IDSTORY RECORDS CHECK
The CONSULTANT shall comply with the provisions of Ordinance 2003-030, as amended from time to time, the Criminal History Records Check Ordinance ("Ordinance"), if CONSULTANT'S employees or subcontractors are required under this contract to enter a "critical facility" as identified in Resolution R-2003-1274. The CONSULTANT acknowledges and agrees that all employees and subcontractors who are to enter a "critical facility" will be subject to a fingerprint based criminal history records check. Although COUNTY agrees to pay for all applicable FDLE/FBI fees required for criminal history record checks, the CONSUL TANT shall be solely responsible for the financial, schedule, and staffing implications associated in complying with Ordinance 2003-030, as may be amended from time to time.
ARTICLE 29 -REGULATIONS: LICENSING REQUIREMENTS
The CONSULTANT shall comply with all laws, ordinances, and regulations applicable to the services contemplated herein, to include those applicable to conflict of interest and collusion. CONSULT ANT is presumed to be familiar with all federal, state, and local laws, ordinances, codes, and regulations that may in any way affect the services offered.
Remainder of page intentionally left blank.
12
IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida has made and executed this Contract on behalf of the COUNTY and CONSULTANT has hereunto set its hand the day and year above written.
ATTEST: Sharon R. Bock, Clerk & Comptroller
By: ----------Deputy Clerk
WITNESS:
\..& )~Q_ ~e_~'(r:_ Name (type or print)
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
By _________ _ Assistant County Attorney
APPROVED AS TO TE CONDffiONS
By-+--==-~~9_-~ ·chard E. Walesky, Director '
PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS:
By: _____________ _ Addie L. Greene, Chairperson
CONSULTANT:
Inc.
Michael Bresette Typed Name
President/Director Title
( corp. seal)
Department of Environmental Resources Management
13
EXHIBIT A
SCOPE OF WORK
Population Assessment of Sea Turtles in Lake Worth Lagoon
The purpose of this contract is to provide in-water sea turtle monitoring services to assess sea turtle populations in the Lake Worth Lagoon. This project will enable the COUNTY to address one of the proposed activities in the Lake Worth Lagoon Management Plan which states "research . . . should be conducted to understand the extent of utilization of the Lake Worth Lagoon habitat by sea turtles." This project has five objectives:
1. Obtain five ( 5) years of baseline data on species abundance, size frequencies and sex ratios. These data shall consist of quantitative measurements, used to determine stage-specific abundance, and in the future, to determine recoveries or declines in these populations.
2. Determine Catch per Unit Effort (CPUE) at specific sites in the Lake Worth Lagoon (L WL). This measurement will allow direct comparisons over time within the L WL and with other ongoing research projects throughout the state.
3. Document the prevalence of fibropapillomatosis (FP), a potentially deadly disease that occurs at a high frequency among sea turtles in Indian River Lagoon and Florida Bay.
4. Obtain blood and dietary samples
5. Determine habitat preference of sea turtles within the L WL by collecting GPS coordinates of sighting and captures.
In Water Research Group, Inc. (CONSULTANT), a non-profit organization, has been conducting in-water sea turtle monitoring since 2001, and operate under National Marine Fisheries (NMFS) Permit No. 1462 and Florida Fish and Wildlife Conservation Commission (FWC) Marine Turtle Permit No. 125. All monitoring set forth in this Scope of Work shall be conducted by the CONSULTANT. All data shall be collected, summarized, and submitted to the COUNTY at the end of each task as set forth in Exhibit B. The COUNTY may, at its discretion, observe data collection techniques for the purpose of validating compliance with NMFS and FWC guidelines and this contract.
The study area includes the entire Lake Worth Lagoon, in the area located between Little Lake Worth to the north and the Ocean Avenue bridge to the south. The study site (Little Munyon Island) was identified by analyzing stranding records and sighting data provided by the COUNTY, and data collected by IRG since 2005 during Phases I - III of this project. The study site consists primarily of sea grass beds interspersed with deeper holes and hard bottom habitat.
14
Sampling for this project shall occur during quarterly 3-day sampling periods between April 2008 and December 2010. Each sampling event (task) shall be authorized by a Notice to Proceed, as funding is secured by the COUNTY.
The sampling events shall consist of transects and netting. Transects shall be conducted via boat in areas with favorable netting conditions (ie: little current, low boat traffic, minimal sea grass, minimal marine mammal activity, etc). Every time a turtle is spotted, the species, approximate size, time, location, and GPS coordinates shall be recorded.
If conditions are appropriate, turtles shall be captured by setting a large-mesh tangle net, 150 meters long by 5 meters deep, consisting of 40 cm stretch (knot to knot) multi-filament mesh suspended from a foam core braided polyethylene top line with fixed buoys spaced 3.5 meters apart. The bottom line consists of a small diameter lead core line. Anchors attached to both ends of the net keep it in position and prevent it from drifting. GPS coordinates shall be recorded at each end of the net and the bottom type shall be examined. Every effort shall be made to avoid damaging sea grass beds.
The net shall be deployed by boat and carefully monitored by pulling the net hand over hand every 30 minutes. When turtles encounter the net and become entangled, they shall be quickly removed and placed on the deck of the boat. Before deployment of the net, a visual inspection of the area shall be made to ensure there are no marine mammals nearby. If marine mammals are sighted near the netting site, nets shall either not be deployed or shall be pulled in and netting activity shall cease until the area is clear.
Morphometric data shall be collected for each turtle captured using forestry calipers and a flexible tape. Measurements shall include straight standard carapace length, straight minimum carapace length, straight carapace width, straight plastron length, curved carapace length, curved carapace width, and head width. Inconel # 681 tags shall be applied to the trailing edge of each front flipper and a passive integrated transponder (PIT) tag shall be subcutaneously applied to the right front flipper. Before insertion of any tags, all flippers shall be scanned for the presence of any pre-existing PIT tags. Turtles shall also be weighed and photographed before they are released.
Blood samples from all turtles shall be taken for genetic analysis, sex ratios and disease. They shall be collected within the first five minutes of capture, so as not to bias the samples. Blood shall be drawn from the cervical sinus using a sterile vacutainer with no additive. The area shall be thoroughly sterilized with betadine before needle insertion. A 22 gauge, I" needle shall be used on small juveniles, while a 22 gauge, 1 ½" needle shall be used on subadults. The approximately 4 ml of blood collected from each turtle shall be added to a few drops of a lysis buffer (100 mM Tris-HCL, pH 8; 100 mM EDTA, pH 8, 10 mM NaCl; 1.0% SOS) in a 1:10 ratio, gently shaken, and stored it in a cool dark place. This blood shall be used for later mtDNA haplotype analysis to determine the turtle's origin. The remaining blood shall be placed in a sterile vacutainer with lithium heparin and spun for ten minutes in an Adams Physician centrifuge. Plasma shall then be pipetted into a 1.8 ml vial and be held for future testosterone radioimmunoassays to determine sex. If a blood sample cannot be obtained, a 4-mm tissue plug
15
shall be obtained from the trailing edge of one of the rear :flippers adjacent to the first large proximal scute.
Dietary samples shall be extracted from 20 green turtles captured annually via lavage. Turtles shall be held on their back with their posterior end slightly elevated. Seawater shall be pumped through a soft plastic veterinarian's stomach tube, lubricated with vegetable oil and inserted into the mouth and throat area, using a veterinarian's double action pump. The tube shall then be moved back and forth along the length of the esophagus. Tubes shall be selected according to the turtle's size and FP condition. Four tubes shall be used; one for smaller size-class green turtles (20 - 35cm SCL) with FP, another small tube for green turtles that are PP-free, and two tubes for larger turtles (>35cm SCL) identified as FP and PP-free. Food items flushed out of the esophagus and mouth shall be collected in a five-gallon plastic bucket, then be strained through a fine mesh net (mesh ~Imm) and placed into a collection jar. A 4% formalin-seawater solution shall preserve the sample for future analysis. Date, location, and tag numbers of the turtles shall be recorded on the collection jar.
Tumors, associated with FP, shall be measured and recorded on a standardized tumor score sheet. The total tumor score shall be used to assign turtles to severity categories. Seasonal rates and severity ofFP shall be analyzed to evaluate possible correlations.
Throughout the processing period, the turtle shall be kept moist with wet towels and pads on the deck of the boat. Turtles with FP shall be kept separate from other turtles and separate sets of measuring and tagging gear shall be used. After all samples and measurements are taken (approximately 25 minutes), the turtle shall be released back into the lagoon near the original capture site. After the release, tagging and measuring equipment shall be disinfected with a bleach solution.
To determine the relative abundance of marine turtles at these study sites, catch per unit effort (CPUE) shall be calculated. Effort is expressed in net kilometer hours ( one kilometer of net fished for one hour). CPUE is then calculated using the formula C/(L *T), where C = the number of turtles captured, L = the length of net fished, and T = the amount of time the net was fished. The CPUE data collected at these study sites shall be used to determine seasonal and annual fluctuations in marine turtle abundance.
All blood and dietary samples (including 28 historical blood samples and 20 historical lavage samples) shall be analyzed upon approval from the COUNTY. Lavage samples shall be filtered using a 0.5 mm filter paper and wet weight determined by using a Denver Instrument Company electronic scale to 0.01 gram. After weighing, the samples shall be transferred to a petri dish with a 4 cm x 4 cm grid etched on the bottom (16 1 cm2 squares). The samples shall be smoothed to one layer across the grid and examined at 0. 79x power using a Bausch & Lambe stereoscope fitted with a 071184 gradicule and the stereoscope ocular fitted with a 1 cm2
gradicule with a 10 x 10 grid. The foraging ( or prey) item located in the left comer of each oddnumbered square of the gradicule shall be counted (= 50 possible counts per gradicule). A sample that covers the entire 4 cm x 4 cm grid could potentially have an 800-item count (16 squares x 50 counts per gradicule = 800). Prey items shall be identified to the lowest taxonomic
16
31
level possible. Prey items shall then be described as percent of sample.
DNA shall be extracted from blood or genetic samples using Qiagen DNeasy tissue extraction kits. A 510-bp portion at the 5' end of the mitochondrial control region shall be amplified using primers LTCM-1 and HDCM-1 and approximately 20 nanograms of template DNA. PCR products shall be run for one hour on a 1 % agarose gel to confirm amplification and check for contamination in the negative controls. Following confirmation, PCR products shall be treated with ExoSAP-it to remove unused primers and deoxynucleotides. Treated PCR product shall then be sequenced using Big Dye Terminator chemistry and analyzed on a capillary ABI 3730xl sequencer. Sequences shall be aligned, edited, and compared to named haplotypes using Sequencher, version 2.0. Any samples producing rare or new haplotypes shall be amplified and sequenced a second time to confirm results.
DELIVERABLES: All data shall be maintained in a Microsoft Excel spreadsheet and reports shall be submitted in Microsoft Word. All reports shall be submitted to the COUNTY within 15 days of the end of the quarter, in both hard copy and electronic format, and shall summarize:
• weather conditions • distance covered by transect • number of turtles spotted on transect and off transect • number of net sets • number of turtles captured • species and size class distribution • health assessment
Reports shall be cumulative and all data collected shall be summarized by phase, by location, by season and by size class. Comparisons shall be made to other nearby populations such as Indian River Lagoon, Florida Bay, the Marquesas, and nearshore reef populations in Florida. The final project report shall include blood and lavage sample analysis.
An electronic version of the Excel spreadsheet shall be included with each report submission, and shall include:
• event dates • beginning and end coordinates of each transect or net set • start and end times of each transect or net set • coordinates and distance and direction off transect for each sighting • time of each sighting or capture • species and size class of each sighting • species, size, FP assessment, and samples collected for each capture • tag numbers for each capture • number and type of marine mammals, large fish. rays, and sharks captured
All coordinates shall be submitted in latitude/longitude decimal degrees.
17
EXHIBITB
SCHEDULE OF PAYMENTS
The Scope of Work to be completed by CONSULTANT as defined in Exhibit A consists of specific completion tasks which shall be clearly identified on a task-by-task basis upon submission to the COUNTY of certain deliverables as expressly indicated below. Compensation for the work tasks stated herein shall be in accordance with the following Schedule of Payments:
• Deliverables shall be defined as reports and data files as described in Exhibit A.
TASKl Task(s) to be Completed: Monitoring event for spring 2008 Completion Time: July 15, 2008 Compensation for spring 2008 monitoring event: $ 6,743.00 Deliverable(s) Required: Report for spring 2008 monitoring event as set forth in Exhibit A
TASK2 Task(s) to be Completed: Monitoring event for summer 2008 Completion Time: October 15, 2008 Compensation for summer 2008 monitoring event: $6,743.00 Deliverable(s) Required: Report for summer 2008 monitoring event as set forth in Exhibit A
TASK3 Task(s) to be Completed: Monitoring event for fall 2008 Completion Time: January 15, 2009 Compensation for fall 2008 monitoring event: $ 6,743.00 Deliverable(s) Required: Report for fall 2008 monitoring event as set forth in Exhibit A
TASK4 Task( s) to be Completed: Monitoring event for winter 2009 Completion Time: April 15, 2009 Compensation for winter 2009 monitoring event: $ 6,945.00 Deliverable(s) Required: Report for winter 2009 monitoring event as set forth in Exhibit A
TASKS Task(s) to be Completed: Monitoring event for spring 2009 Completion Time: July 15, 2009 · Compensation for spring 2009 monitoring event: $ 6,945.00 Deliverable(s) Required: Report for spring 2009 monitoring event as set forth in Exhibit A
TASK6 Task( s) to be Completed: Monitoring event for summer 2009 Completion Time: October 15, 2009
18
31
Compensation for summer 2009 monitoring event: $6,945.00 Deliverable(s) Required: Report for summer 2009 monitoring event as set forth in Exhibit A
TASK7 Task(s) to be Completed: Monitoring event for fall 2009 Completion Time: January 15. 2010 Compensation for fall 2009 monitoring event: $ 6,945.00 Deliverable(s) Required: Report for fall 2009 monitoring event as set forth in Exhibit A
TASKS Task(s) to be Completed: Monitoring event for winter 2010 Completion Time: April 15, 2010 Compensation for winter 2010 monitoring event: $ 7,154.00 Deliverable(s) Required: Report for winter 2010 monitoring event as set forth in Exhibit A
TASK9 Task(s) to be Completed: Monitoring event for spring 2010 Completion Time: July 15, 2010 Compensation for spring 2010 monitoring event: $ 7,154.00 Deliverable(s) Required: Report for spring 2010 monitoring event as set forth in Exhibit A
TASKlO Task(s) to be Completed: Monitoring event for summer 2010 Completion Time: October 15, 2010 Compensation for summer 2010 monitoring event: $7,154.00 Deliverable(s) Required: Report for summer 2010 monitoring event as set forth in Exhibit A
TASKll Task(s) to be Completed: Monitoring event for fall 2010 Completion Time: January 15. 2011 Compensation for fall 2010 monitoring event: $ 7,154.00 Deliverable(s) Required: Report for fall 2010 monitoring event as set forth in Exhibit A
TASK12 Task(s) to be Completed: Analysis of DNA Samples $8,120.00 Deliverable(s) Required: Report summarizing DNA Sample Analysis as set for in Exhibit A
TASK13 Task(s) to be Completed: Analysis of Lavage Samples $ 3,375.00 Deliverable(s) Required: Report summarizing Lavage Sample Analysis as set for in Exhibit A
19 lj-()
CERTIFICATE (Corporation)
The undersigned hereby certifies that the following are true and correct statements:
1. That he/she is the Secretary of :r::;.__iJl--<k.,.. 12...{,~c.L. Grv":"::'f, ~.,a corporation organized and existing in good standing under the laws of the State of fLc ri J,..., hereinafter referred to as the "Corporation", and that the following Resolutions are true and correct copies of certain Resolutions adopted by the Board of Directors of the Corporate as the 2-.__d day of
&eitl • 20 o t , in accordance with the laws of the State of the state of incorporation of the Corporation, the Articles of Incorporation and the By-laws of the Corporation.
RESOLVED, that the Corporation shall enter into that certain Agreement between Palm Beach County, a political subdivision of the State of Florida and the Corporation, a copy of which is attached hereto, and be it
FURTHERRESOLVED,that )\,._,~~t..l f3v.e~1t'b .the ?--rt.~ .... J~..._f- ofthe Corporation, is hereby authorized and instructed to execute such Agreement and such other instruments as may be necessary and appropriate for the Corporation to fulfill its obligations under the Agreement.
2. That the foregoing resolutions have not been modified. amended, rescinded, revoked or otherwise changed and remain in full force and effect as of the date hereof.
3. That the Corporation is in good standing under the laws of the State of Florida or its state of incorporation, if other, and has qualified. if legally required, to do business in the State of Florida and has the full power and authority to enter into such Agreement.
IN WITNESS WHEREOF, the undersigned has set his hand and affixed the Corporate Seal of the Cor~ration the l €-ti:.. day of Jh,v't. I , 20 o rt .
~; r. {,' / .. :,_.,. _,
;,"':"y
{CORPORATE SEAL) Dee><-- ft-, 'BP:11~-~ I ¼,vL.~l
(Print Signatory'same & title)
SWORN TO AND SUBSCRIBED before me this { ~ day of 4,,-, / . 20 , by the Secretary of the aforesaid Corporation, who is personally known to me OR who produced
0 ]S' as identification and wh did _ take an oath.
3,dh'V ft:/l,.j(] tf / {Print Notary's/Name) NO RY PUBUC
State of Florida at Large My Commission Expires: Mb( rolwl(
I
Attachment 3
HA~' '.ri A{\/"\?-1 '.\' t.: 1 !·.v---.;·. '.f"( "t. ;::~'-; ! ____________________ \(: 1 (;?r-r--:--. j----:,: ~.JJn',J 'L'i:KT1F,(;A 1~T,CF uAs1urv 1NsuRANCE ·- --··1 °03;~;1~;"; PI\OOUC:ER (772)334-3181 FAX (772)334-7742 II THIS CER"!'lr-lCAiE IS ISSUED AS A MATTER. OF INFORMATIC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Rick Carroll Insurance Agency , HOI.OER, THIS CERTIFICATE DOES NOT AMEND, EXTEND Of l.__ALTERTHE COVERAGE AFFORDED B'f THE POLICIES BELO
2160 N,E, Dixie Highway P.O. Box 877
I Jensen Beach, Fl 34958-0877 : INSURERS AFFORDING COVERAGE j NAIC# !N~,m110 Inwater Research Group, :tnc OBA: not for profit corp 4160 NE Hyline Drive
: 1NSVRERA: Everest Indemnity Insurance C:oj ! ,,.isuRER e I
Jensen Beach, FL 31957 · li\'SU.t:::E.RO I
COVERAGES
I THE POLICIES OF INSURANCE Li Si ED EEL OW ,iAVE BEEN iSSUEO TO TME INSURED NAMED ;,eove; •OR THE POL/CY PERIOD INDICATED NOTWITH . ANY REQUIREMENT, TERM OR CCNO(TlC:• o= ANY CON'!'RACT OR OTHER DOCUMEN'!' wn H RESPECT TO WHICH Tf-ilS CERTIF;Ct>. TE MA.Y Sc :SSUEI . :tAY PERTAIN. 'rHE INSUfU\i'/CE AffORDEO ;;,· 'HE POL!C:ES DESC'll8ED HERE/14 IS SUBJ:::CT .,.0 ALL THE .,.ERMS. EXCLUSJONSt-.ND CONDJT:ONS ( PO~!CIES, AGG~eGATE LiMlTS SHCV-;r; MAY Hi.VE BEEN REDUCED 8Y Pt,D CLAl~1$.
A
UMITO I GENERAL LIA!lll!TY 40000047H08l 02/02/2008 I 02/02/2009 EACH occi;r.r,wcE ! s I, 000, 000 ,!MERCIAL GENER!., L\~2,LT1. '"'· D,,.,~~J,-,,A~G,""'E""7,,.0"'R"'Et,.,H°'E"'·o,----;;-,--~-5-0-~,0-0--t0 : bGEMJSJ:Ei •f':s -1urertt1-._, ----~--i • C~AiMS Mi\OE [!J O::C\.'il.l l MED EXP fM, one t•1Son) \ ! S , 000 , : · f .. PERSOrJAL .$. AOY i~UlJfiY ; 1 000 000
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A !LIABILITY 40000047550&1 02/02/2008 02/02/20091
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or,scRIPT10N o, OPEAATIOAJS: LOCATIONS, vEfl1CLES; cx:LUS,o~s ADDEO sv ENOOR)?EMENT I li.eJ:.~iALAPRRovE1JlJQNOS ACTIVE DATE OF 2/~/0,.. ROFESSIONAL LIABILITY IS ON A CLAIMS BASED OCCURtNCE WlTH TR ~ ,
alm Beach County is named as an additional insured
CERTIFICATE HO!!,L!,Dt.!;E;tRL_ ______________ _c,G:1;A~N~C,c!E;;Ld,L,J:.A!JT~fO,<'..Nc!.-___ -:---:-::-:-:=-=-:-:-::=:-:-:::-:'.:::::::-::-::;, S!<DULD ~//Y OF THF ABOVE DESCR!!'li:O POL'CICS ee CA~C~LLED llEFOAE ·HE eXPIAt.TIO~J OATE THEREOF, Tr.E fSSt.HNG lti!'rJRER \\ENDEAVOR TO Mt..:L Pa 1 m Beach County Board _lQ_ no.vs wR,nEu Nonce TO,.,. crn11Hc<,TE HOLDER """En 10 THE •. of County Convnissioners Attn: Car1 y f.ll/TFAllVRE TO MAIL SUCH NOTICE SHAll ,r.:POSE NO OBLIGATIOtJ OR LIAf.l:u1 3 3 3 Be 1 vedere Rd OF AIJ'f Imm UPOtJ THI: IN.SURER, ITS A.GENTS OR ltlcFAESe•,TATJVES. West Palm Beach, Fl 33406 'A'JTHORIZEOR~PRESE/JT~nvE
If the ,;ertificate ho,aer ,s an ADDiTIONAL INSURED, the policy(ies) rr.ust be endorsed. A statement on this certificate doe:; r:ot can'er •ignts to thr, certlfrcate holder in 1,eJ of such endcrsenient(s).
lf SUBROGA ":"!ON IS 'N.t>.!VED, subject to the tmms and condit:ons of the policy, cer:a;r: policies rna require an endorsemer: A. statement on this r.ertfo:::ate dces not confer rights to the certificate holder ;n r,su c: t;;ch c-r•,jorsement(s).
DISCLAIMER
The Certikale of '1surance on the reverse side of this fnrm does not constitute a contract between the issuing insurcr(s) ~Jtricrized representative or producer, and tr,e certificate nolcier, nor does ::
affirmatively or nega'.iVC/ amend, ex,end or a!tN the coverage a-'forded by the policies !isled there or
ACORD 25 (2001/08)
2
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: ': P.:. ,w , .. _:_vcorYYYY) ! 03/07/200& i -··· --PRO0VCEI< (772)334-3181 FAX (}72)334-7742 THiS CERTIFICATE IS ISSUED AS A MATTER OF lNFORMATIC
!tick Carro11 Insurance Ag~.ncy ONLY ANO CONFERS NO RIGHTS UPON THE CERTIFICATE 2160 N.E. Dixie Highway HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OF
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELO' P.O. Box &77
lNAIC# Jens.en Beach, FL 34958-0877 , INSURERS AFl'ORDING COVERAGE i
rNSuR1:o Im~ater Research Group, Int ' ,:,wRERA; Great American Insurance Co ! 16691 OBA: not for profit corp i ·Nsu,rne. Great ;\merican !nsurance Co I 16691 4160 NE Hyline Drive ! .,\lS',.;io(fRC. i Jensen Beach, Fl 34957 i ·NSLRSR 0: i
i ,,J3LRER E. j
COVERAGES 0 ·HE POUCfES OF iNSURANCE LISTED OELOW HAVE BEEN ISSUED TO THE INSURED NAMED A80VE FOR THE POLICY FERIOD !110:CATEO l<OT'J\/!;h
. ANY REQUiREMENT, TERM OR CONCITION CF ;.,NY CONTRACT OR CiHER DOCVMENT wm, RESPECT TO WH:CH n,1s CERT!F/C,ATE MAY 8E !SSUE[ ! MAY PERTP.iN, THE 111SURP.NCE Aff()RDED 5·,- Tr!E P•::>UC!ES DESCR•B'.:D HEREIN IS SUSJEC:1 TO ALL. T,iE TEP,MG. EXCLUSIONS AND COtiOfflONS C ' P•L•C!ES. AGGREGATE LIMITS SHOWN MAY </NE BEEN REDUCED BY ;,,,10 CL'>lMS.
F.IP!RA1l0N DAT£ 'HEREOF. T!-H: 1ssv1,;(l :,,SURER \<\ENDEAVOR TO ,.w~ _J_Q__ OA.'YS· WRITT·E~J NOT!Ct 10 THC CE~Tt,;lCA TE HOLJE;~ NAMEO 1'0 THE L
OVl' FAILURE TO MAH .. tiUctl t.lOilCE Sl-!At.L 1M?O$E NO CGl..lG:AT!OtJ OR LIABILl1
OF ANY KltJO UPON ~H;; 1,JSL•P.ER, · rs AGENTS oq REPRESE?-JTAT1ves.
I\UTHOR12ED REPRE.S~N'!'A~IV~
'Keith Carroll/BKD
<>ACORD CORPORATION-:; t/
•·
IMPORTANT
if the certificate holder i, :1n ADDITIO\IAL INSURED, the policy(,es) 1wJst be endorsed. A slaternen1
on this cer1ificat2 does no: cc'lfar rights to the ce~ificate r,older in !rE:J ct such endorsemen'.;s;.
If SUBROGATION :s WAIVED, subje.::t to the terns and conditions of the policy, cerl<iin po:icies ma
require ,;n srdorsernen: ·"'· statern,?nt or. this carrnc:ate does not c:mfer rights to the cer!i'icate hc!c.!er in l:eJ of such eroc,rsement(s).
DISCLAIMER
The Certificate of 1nsura,1.::e on the reverse side of this form does 1101 constitute a contract between the issuing insurer(s), autrorized representative or p'oducer, and the certificate holder, ro· does it affamat1vely or negative'y 0menc, 2xtend or alter the coverage afforded by the po!icies listed the,eor
ACORD 25 (2001108)
4
~
IRG ,\ /',CN·PR<:,F; ! GGRP":.)RAT!GN
INWATER RESEARCH GROUP INC.
Carley De Maye Palm Beach County DERM 3323 Belvedere Rd. Bldg 502 West Palm Beach, FL 33406
To Whom It May Concern:
April 25, 2006
Please see below for a list of current officers of Inwater Research Group, Inc. involved iI the Lake Worth Lagoon Sea Turtle Project. All employees of this corporation are officers and their titles are listed below. These officers are the only employees oflnwate Research Group; therefore, workman's compensation insurance is not required. Please see attached waivers signed by these officers. If there are any questions concerning this matter., please contact me at your convenience.
Sincerely,
~r-Michael Bresette - Director/President Jonathan Gorham -- DirectorNice President Dean Bagley - Vice President/Secretary
Michael Bresette Director/President
Blair Witherinu:ton - Vice President of ~cientific A,foi,uwv rnmmittPP
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5
02--1.0-2005
TOM GALLAGHER .,:HIEF- FINANCIAi. OFFICER
ST A TE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES
DIVISION OF WORKERS' COMPENSATION
*•CERTIFICATE OF EXEMPTION FROM FLORIDA WORKERS' COMPENSATION LAW** NON-CONSTRUCTION INDIElTPY EXEMPTION
This certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation Law .
INW A TEA RESEARCH GROUP INC 4160 NE HYUNE DR JENSEN BEACH FL 3 4 9 5 7
SCOPES OF BUSINESS 1 .. RESEARCH & DEVELOPMENT OR TRADE:
IMPORT ANT: Pursuant to Chapter 4 4 0 . 0 5( 1 4), F . S . , an officer of a corporation who elects exemption from this chapter by filing a certificate of election under this section may not recover benefits or compensation under this chapter . .
'MG. 2 5 2 CERTlFICA TE OF ELECTION ro BE LXEMPT HEVISED 1 l • 0 3
PLEASE CUT OUT fHE CARD BELOW AND RETAIN FOR FUTURE REFERENCE
ST A TE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION
NON. CONSTRUCTION INOlJSTRV CERTIFICATE OF EXEMPTION FROM FlORIOA WORKERS' COMPENSATION LAW
EFFECTIVE: :2.1",/2005 * * EXP RA ;iO~ DATE \A PERSON:
FEIN: BRESETTE 651090322
MICHAEL
BUSINESS NAME l/i\'i'ATE~ •ESEARCH ':iiOUP NC AND ADDRESS: 4160 ~E .~YUNE J~
.;~NSEN 3E,~CH
SCOPE OF BUSINESS OR TRADE ·. :-,f:SEARCH & CEVELOPMENT
F 0 L D
H E R E
IMPORTANT
Pursuant to Chapter •40. 05i 14i, F 5. an otf,w 1t , :orporntion who eletts exemption from this chapter ~Y ':ling l iertificate d election snder this sec:;on nay ;1ot recJv,ir benefits Jr compensation under this -:f'·apte:
·•··-------- ___ _.__ _____ ------CUT HERE
• Carry bottom portion on the job, keep upper portion for your records.
6
6 L/1 'NC - 2 5 7 CERTIHCA TF OF Ft FC;T!ON TO A:r.; i::·y,=-ai,1PT n•.:\/1<::Ct"I 1 -i n-,
TOM GALLAGHER Ci-11EF F!NANCIAL OFFICER
--' '
' ' . ·=F
ST A TE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES
DIVISION OF WORKERS' COMPENSATION
02-10-2005
**CERTIFICATE OF EXEMPTION FROM FLORIDA WORKERS' COMPENSATION LAW* ..
~-JON-CONSTRUCTICN .INDUSTFY EXEMPTION
This certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation Law_
EFFECTIVE DATE: 0 2/ 10/ 2 0 O 5
PERSON: BAGLEY
651090322
* * EXPIRATION DA TE: NI A
DEAN
FEIN:
BUSINESS NAME AND ADDRESS:
!NW ATER RESEARCH GROUP INC 4160 NE HYLINE DR JENSEN BEACH Fl 3 4 9 5 7
SCOPES OF BUSINESS 1 - RESEARCH & DEVELOPMENT OR TRADE:
IMPORT ANT: Pursuant to Chapter 4 4 0 _ 0 5( 1 4), F _ S . , an officer of a corporation who elects exemption from this chapter by filing a certificate of election under this section may not recover benefits or compensation under this chapter .
we - 2 5 2 Cf::RTIFICAT( OF ELEC flON TO BE EXEMPT REVISED 1 1 - 0 3
PLEASE CUT our THE CARD BELOW AND RETAIN FOR FUTURE REFERENCE
ST A TE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION
NON-CONSTRUCTION INOUSrRY CERTIFICATE OF EXEMPTION FROM FLORIOA WORKERS' COMPENSATION LAW
BUSINESS NAME NWA'TER ?ESfAf\CH SRCUP l1C ANO ADDRESS: ~ 150 NE H'rl NE :R
SCOPE OF BUSINESS OR TRADE: '- ilESEARCP. & CEVELCPMENT
t..--· \ ~ . ••~-I
F 0 L D
H E R E
IMPORTANT
Pursuant to Chapter 440. 05!: 41, F S., an o!ker oi " ,o:poration who e!ects m,11ption !•om this chapter by :ding a :ert1fi,dte of e,ectinn on~er rhis seC:on rnav 101 :eco,2r >;en,!ils Jr ,o:'1oensaiion under :ris ,;h,pter,
4 Carry bottom portion on the job, keep upper portion for your records_
7
TOM GALLAGHER CHIEF FINANCIAL OfflCER
ST A TE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES
DIVISION OF WORKERS' COMPENSATION
02-09-2005
'• CERTIFICATE OF EXEMPTION FROM FLORIDA WORKERS' COMPENSATION LAW*• :JON-CONSTRUCTION INDUSTE'l EXEMPTION
This certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation Law.
EFFECTIVE DATE: 02/09i2005
PERSON: GORHAM
651090322
* * EXPIRATION DA TE: N/ A
JONATHAN
FEIN:
BUSINESS NAME AND ADDRESS:
INWA TER RESEARCH GROUP INC 4160 NE HYUNE DR JENSEN BEACH FL 3 4 9 5 7
SCOPES OF BUSINESS 1 - RESEARCH & DEVELOPMENT OR TRADE:
IMPORTANT: Pursuant to Chapter 440. 0 5( 14), F. S. , an officer of a corporation who elects exemption from this chapter by filing a certificate of election under this snction may not recover benefits or compensation under this chapter . we 2b2 CEfl[IFICATE OF EL(CTJON TO BE: EXEMPf HEVISED 11--03
PLEASE CUT our THE CARD BELOW ANO RETAIN FOR FUTURE REFERENCE ST A TE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION
NON-CONSTRUCTION INOUSTRY CERTIFICATE OF EXEMPTION FROM FLORIDA WOHKEAS. COMPENSATION L,\W
EFFECTIVE:
" * fXr'AA T'.mJ JATE: N,A PERSON:
FEIN-.
BUSINESS NAME WvA ,ER ~ESEARC~ .,ROUP NC AND ADDRESS: J150 'IE KYL:NE D~
.. ENSEN 3EACH
SCOPE OF BUSINESS OR TRADE '.- f1ESE,\R:;r, & CEVELC?MENT
.JCNA ~-1,iN
F 0 L D
H E R E
CUT HERE
IMPORTANT
?muant to ~hapter 440.::5i14i, F S., ,n officer Ji ,:orporation who elects ,~x,~nipri.1n ~rom ths ;;hapter Jy ~''.ir.q a ,:~;::f·cate iJf (~lectiun 1mder ·. 11\s :-etfarn :nay 1:Dt ~~c;;·,~.r ~.~.1ehts :;, ,;(;rnptmsaton under this .: la.;;:i:r
* Carry bottom portion on the job , keep upper portion for yollr records .
8
TOM GALLAGHER t:HIEf FINANCIAL. OFFICER
-' ,_ ;; -
ST A TE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES
DIVISION OF WORKERS' COMPENSATION
02-04-2005
~*CERTIFICATE OF EXEMPTION FROM FLORIDA WORKERS' COMPENSATION LAW•*
NON-CONSTRUCTION INDUSTRY EXEMPTION
This certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation Law.
EFFECTIVE DATE: 0 2/04/2005
PERSON: WITHERINGTON
651090322
* * EXP!RA TION DA TE: NI A
BLAIR
FEIN:
BUSINESS NAME AND ADDRESS:
INWA TER RESEARCH GROUP INC 4180 NE HYLINE DR JENSEN BEACH FL 3 4 9 5 7
SCOPES OF BUSINESS 1 _ MARINE REP AIR OR TRADE: 2- RESEARCH & DEVELOPMENT
IMPORT ANT: Pursuant to Chapter 4 4 0 . 0 5( 14), F . S . • an officer of a corporation who elects exemption from this chapter by filing a certificate of election under this section may not recover benefits or compensation under this chapter .
JWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 11-03 QLfST!CNS/ :850.i 4'.3- ,sos
PLEASE cur our THE CARO BELOW ANO RETAIN FOR FUTURE REFERENCE
ST A TE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION
NON - CONSTRUCTION !NOUSTRV CERTlFICATE OF EXEMPTION FROM H.ORIOA WORKERS' COMPF.NSA TTON LAW
EFFECTIVE
* * EXP'RArGN SA ,E: NiA PERSON:
FEIN: 'NiTHF.RiNGTmi ~51030322
BUSINESS NAME J.;11ATER RESEARCH ,_:RGuP ~C AND ADDRESS: 4 ,60 \/E 1YUiE }R
JNSEN 2EACH '' 3"95;
SCOPE OF BUSINESS OR TRADE: 1· \1ARINE REf'AR 2- RESEARCH.~ ,'i:':,:,_JPMENT
-----•-•-•-••-•••••---v••"T-•-----•••---
* Carry bottom portion on the
:'NC-?52 CEnTfflCAlE Of H.ECrtON ro BE EXEMPT flEVISED 11-03
F 0 l 0
H E R E
IMPORTANT
Pursuant to Chapter 44U5il4). F .S., an oificer cf 1
womt1on who elP.cts mmpticn from :~is c~aof P,r by fi!ir.g , Cln:1Lcaie -Jf oiect!on ~mde, thts rndion :nay rot :e;,J~er t~refi!s 0r ,cn1oens3lion :ider :his :',anGr
