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HomeMy WebLinkAboutPlanning - Brenize Outdoor Design and Maintenance1 COUNTY OF FRANKLIN PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into this day of , 2026, by and between the COUNTY OF FRANKLIN, a fourth class county organized and existing under the laws of the Commonwealth of Pennsylvania, with a principal address of 272 North Second Street, Chambersburg, Pennsylvania, 17201(hereinafter the “COUNTY”) and BRENIZE OUTDOOR DESIGN AND MAINTENANCE, INC., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania (hereinafter “CONSULTANT”) with a principal address of 10004 Rowe Run Road, Orrstown, PA 17244, WHEREAS, the COUNTY requires professional services to conduct subcontracting of labor to perform certain functions under the supervision of the Mosquito and Tick Borne Disease Control Specialist (hereinafter the “SERVICES”) as set forth more fully herein; and WHEREAS, CONSULTANT is desirous of providing the SERVICES to the COUNTY in accordance with the terms and conditions of this PROFESSIONAL SERVICES AGREEMENT (hereinafter “AGREEMENT”); and WHEREAS, the Board of Commissioners of Franklin County by majority vote at a regularly scheduled meeting, approved CONSULTANT to provide the SERVICES. NOW THEREFORE, in consideration of the foregoing, the parties hereto agree as follows: 1. RECITALS The above recitals are incorporated herein by reference thereto and made a part of this AGREEMENT. 2. TERM The term of this AGREEMENT shall commence upon acceptance and shall remain in effect from the date of acceptance and shall terminate automatically on December 31, 2026. 3. SCOPE OF SERVICES The CONSULTANT shall provide labor to perform the essential functions of the technician responsibility of the Mosquito and Tick Borne Disease Control program under the supervision of the Mosquito and Tick Borne Disease Control Specialist of the COUNTY (the “Work”). The Work shall be more fully described in Exhibit “A” attached hereto. 2 The Work shall include daily coverage in Franklin, Fulton, Bedford and Huntingdon Counties, including Harrisburg, Pennsylvania upon request. The Work shall be performed during a work week per worker of 37.5 hours with a start time as directed by the COUNTY. In the event that a mosquito spray is deemed necessary by the COUNTY and approved by the Pennsylvania Department of Environmental Protection (“DEP”), CONSULTANT shall provide labor therefor as directed. All workers provided by CONSULTANT shall possess a valid, current pesticide license issued by Department of Agriculture for working under the County's Business Unit Number. In the event that a worker does not possess such a pesticide license issued by the Department of Agriculture, such worker shall obtain said license and the CONSULTANT may submit the cost thereof for reimbursement, subject to the maximum encumbrance set forth herein. CONSULTANT expressly agrees to comply with all requirements, terms, and/or conditions required by or under any funding source, including any and all grants to the COUNTY applicable hereto. 4. COUNTY RESPONSIBILITIES COUNTY shall provide all information and approvals required by CONSULTANT in a manner that is timely and that will not unnecessarily delay the approval process. 5. GENERAL STANDARDS A. The CONSULTANT shall perform all SERVICES in accordance with the general accepted standards and practices used in the profession. The CONSULTANT shall render diligently and competently all SERVICES, with due consideration given to applicable laws and regulations. The enumeration of specific duties and obligations to be performed by the CONSULTANT hereunder shall not be construed to limit the general ethical requirements in the undertakings of the CONSULTANT. B. The COUNTY shall not be responsible for discovering deficiencies in the accuracy of the CONSULTANT’s work. The CONSULTANT shall cause to be corrected, at no expense to the COUNTY, any deficiencies in the accuracy of the CONSULTANT’s work, except to the extent any such deficiencies are due to deficiencies in information or services provided by the COUNTY, its employees, consultants, agents or representatives, or other persons or entities not under the control of the CONSULTANT, unless such deficiencies should have been reasonably known to the CONSULTANT when acting with reasonable care and due diligence. Furthermore, the CONSULTANT shall correct, at no expense to the COUNTY, any and all defects in SERVICES resulting from the negligence of the CONSULTANT. The COUNTY shall within a reasonable timeframe notify the CONSULTANT in writing of any 3 defects which the COUNTY believes are attributable to the negligence of the CONSULTANT after discovery of the same. 6. INFORMATION / ASSISTANCE PROVIDED BY COUNTY COUNTY will provide the following information and assistance to the CONSULTANT: A. The COUNTY will designate a person to act as its representative with respect to the SERVICES to be rendered under this AGREEMENT. Such person shall have complete authority to transmit instructions and receive information pertaining to CONSULTANT’s SERVICES. 7. TERM OF AGREEMENT, SCHEDULE / TIME FOR PERFORMANCE OF SERVICES CONSULTANT and the COUNTY shall mutually establish the schedule of SERVICES. Notwithstanding the foregoing, the parties agree that the SERVICES shall commence no later than April 1, 2026 and be completed by December 31, 2026. 8. TERMS OF PAYMENT TO CONSULTANT A. The COUNTY shall pay the CONSULTANT on a straight time basis, with hourly rates being established as follows: a. Seasonal Tech 1: 990 hours maximum at a rate of $28.54 per hour. b. Seasonal Tech 2: 750 hours maximum at a rate of $26.08 per hour. B. Maximum Encumbrance. Notwithstanding the foregoing, the SERVICES provided by CONSULTANT shall not exceed the amount of forty-seven thousand eight hundred fourteen and sixty cents ($47,814.60) during the term of this Agreement. C. Invoices are due upon presentation, and shall be considered past due if not paid within forty-five (45) days of the invoice date. D. If the COUNTY objects to any portion of an invoice, the COUNTY shall so notify the CONSULTANT in writing within twenty (20) days of receipt of the invoice. The COUNTY shall identify the specific cause of the disagreement and shall pay when due that portion of the invoice not in dispute. Interest at the legal rate shall be paid by the COUNTY on all disputed invoiced amounts resolved in the CONSULTANT’s 4 favor and unpaid for more than forty-five (45) days after date of the notice of the dispute. 9. INDEPENDENT CONTRACTORS Any SERVICES provided by the CONSULTANT or its consultants under this AGREEMENT are provided as independent contractors. Nothing in this AGREEMENT shall be considered to create the relationship of employer and employee between the parties. All persons engaged in any of the SERVICES performed pursuant to this AGREEMENT shall at all times and places be subject to the CONSULTANT’s sole direction, supervision, and control. The CONSULTANT shall exercise control over the means and manner in which it, its employees, and consultants perform the SERVICES. The CONSULTANT does not have the power or authority to bind the COUNTY in any promise, agreement, or representation unless expressly provided written agreement to do so. 10. AUTHORITY TO PRACTICE / LICENSES The CONSULTANT hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business and to provide the SERVICES as required pursuant to this AGREEMENT. 11. TERMINATION A. The COUNTY shall have the right to terminate this AGREEMENT at any time and for any reason, including for convenience and/or without cause, which termination shall be effective upon the COUNTY providing written notice to the CONSULTANT. In the event that the COUNTY elects to terminate this AGREEMENT prior to CONSULTANT’s performance of the SERVICES required hereunder the CONSULTANT shall be compensated for all SERVICES satisfactorily completed and actually provided by CONSULTANT. B. The CONSULTANT shall have the right to terminate this AGREEMENT in the event of substantial failure of COUNTY to perform in accordance with the terms hereof through no fault of the CONSULTANT. As a condition precedent to the CONSULTANT’s ability to terminate the AGREEMENT, the CONSULTANT shall have provided the COUNTY with written notice of the delinquency and provided the COUNTY with thirty (30) days in which to cure the delinquency. If the CONSULTANT terminates the AGREEMENT after meeting all conditions precedent, the CONSULTANT shall be compensated for all SERVICES satisfactorily completed and actually provided by CONSULTANT. 5 13. INDEMNIFICATION A. The CONSULTANT and its consultants shall release, hold harmless, and indemnify the COUNTY, its officers, elected officials, agents, representatives, and employees acting within the scope of their official duties from and against damages, costs, and expenses (including reasonable attorneys’ fees) to the extent caused by the negligent acts, errors, or omissions of the CONSULTANT, its employees, consultants, agents, servants, and/or anyone acting under the CONSULTANT’s control and/or the CONSULTANT’s direction, in the performance of the requirements of this AGREEMENT. The CONSULTANT shall defend any lawsuit commenced against the COUNTY and shall pay any judgments and costs connected with such proceeding which are based upon the negligent acts or omissions of the CONSULTANT or its consultants. 14. INSURANCE Prior to and during the performance of any SERVICES covered by this AGREEMENT, CONSULTANT shall provide the COUNTY in a form reasonably acceptable to the Risk Manager and County Solicitor, evidence that it has obtained and maintains in full force and effect during the term of this AGREEMENT a policy of errors and omissions and/or professional liability insurance, providing coverage of at least One Million Dollars ($1,000,000.00) per claim and One Million Dollars ($1,000,000.00) in the aggregate against negligent acts, errors, or omissions in connection with the SERVICES to be provided by the CONSULTANT under this AGREEMENT. The COUNTY shall be provided with ten (10) days’ advance written notice of any cancellation of said insurance. In addition to said insurance, the CONSULTANT shall obtain insurance of the types and amounts described as follows: i. Commercial General Liability insurance covering liabilities for death and personal injury and liabilities for loss of or damage to property with a combined single limit of not less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the aggregate. ii. Worker’s Compensation and Occupational Disease Disability Insurance as required by the laws of the Commonwealth of Pennsylvania. The COUNTY shall be provided with ten (10) days advance written notice of any cancellation of the required insurances. 6 15. FORCE MAJEURE The COUNTY, and the CONSULTANT shall not be held responsible for any delay, default, or nonperformance directly caused by an act of God, unforeseen adverse weather events, accident, labor strike, fire, explosion, riot, war, rebellion, terrorist activity, sabotage, flood, epidemic, act of federal or state government, labor, material, equipment, or supply shortage. 16. REMEDIES No remedy herein conferred upon any party is exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or provided by law, equity, statute, or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other exercise or further exercise thereof. 17. ENFORCEMENT COSTS The prevailing party in any action hereunder shall be entitled to receive from the non- prevailing party reasonable attorney’s fees and costs of suit incurred therein. 18. NOTICES Any notices required to be given in accordance with this AGREEMENT shall be in writing and delivered to the parties by certified mail or personal delivery or acceptable overnight courier service. Notice that is mailed shall be sent to the following addresses: If to the COUNTY: Franklin County Planning Department 272 N. Second St. Chambersburg, PA 17201 With Copy to: Franklin County Solicitor 272 N. Second St. Chambersburg, PA 17201 If to the CONSULTANT: Brenize Outdoor Design & Maintenance, Inc. 10004 Rowe Run Road Orrstown, PA 17244 7 21. APPLICABLE LAW / VENUE All claims arising hereunder shall be filed in the Court of Common Pleas for the Thirty- Ninth Judicial District of Pennsylvania, Franklin County Branch. This Agreement shall be governed by, construed, interpreted and enforced in accordance with the law of the Commonwealth of Pennsylvania, without regard to conflict of laws principles. 23. NON-DISCRIMINATION The CONSULTANT shall not discriminate against any employee, applicant for employment, or any person seeking the SERVICES of the CONSULTANT to be provided under this AGREEMENT on the basis of race, color, religion, creed, sex, age, national origin, marital status, or presence of any sensory, mental, or physical handicap. 24. ASSIGNMENT This AGREEMENT (including, without limitation, any rights under or interest in this AGREEMENT) shall not be assigned by either party without the express written consent of the other party hereto. The provisions of this Section shall survive the completion or termination of this AGREEMENT for any reason and shall remain enforceable between the parties. 25. ENTIRE AGREEMENT / AMENDMENTS This AGREEMENT contains the entire AGREEMENT between the parties and no other agreements, oral or otherwise, regarding the subject matter of this AGREEMENT, shall be deemed to exist or bind any of the parties. This AGREEMENT cannot be modified, except by a written document signed by the parties hereto. BOARD OF COMMISSIONERS’ approval at a public meeting shall be required to amend this AGREEMENT unless otherwise delegated to its designees. 26. SEVERABILITY If any term, provision, covenant, or condition of this AGREEMENT is held by a court of competitive jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated as a result of such decision. 27. CAPTIONS The captions used herein are for convenience only and are not a part of this AGREEMENT and do not in any way limit or amplify the terms and provisions hereof. 9 EXHIBIT “A” SEASONAL TECHNICIAN – MOSQUITO Position Description EFFECTIVE DATES May 1st – September 30th of each calendar year (pursuant to grant and candidate availability) OVERALL OBJECTIVE OF JOB Professional technician position that assists in the management and implementation of the Mosquito and Tick Borne Disease Control program. ESSENTIAL FUNCTIONS OF JOB 1. Conduct mosquito and tick surveillance within Bedford, Franklin, Fulton and Huntingdon Counties as directed. 2. Operate a ¼ ton pickup truck and drive to / from surveillance sites, identified habitat areas, and nuisance complaint locations 3. Survey for mosquitoes at assigned locations using Gravid and BG Traps as well as dipping for mosquito larvae 4. Survey for ticks at assigned locations using a drag 5. Properly identify tick and mosquito habitat(s) 6. Accurately identify tick and mosquito species 7. Process mosquito and tick samples 8. Input data into the Department of Environmental Protection (DEP) database 9. Treat for larval and adult mosquitoes using Integrated Pest Management (IPM) principals. 10. Respond to “complaint calls” and evaluate and resolve citizens mosquito inquiries OTHER DUTIES OF JOB 1. Travels periodically to meetings, seminars, agencies, retail locations, etc. as needed to perform essential job duties. 2. Assist with mosquito nuisance spray operations, some of which may be outside of normal working hours. 3. Operates computer and other office equipment as necessary to perform essential functions of job. 4. Performs other job-related duties as required. SUPERVISION RECEIVED Receives occasional instruction and supervision from the Mosquito and Tick Borne Disease Control Specialist. SUPERVISION GIVEN None SEASONAL TECHNICIAN – MOSQUITO Page 2 Position Description WORKING CONDITIONS 1. Works outdoors in variable weather conditions and temperatures, occasionally on uneven terrain and geographic environments. 2. Frequently exposed to various outdoor elements when conducting field operations 3. Works indoors with adequate workspace with adequate temperatures, ventilation and lighting. 4. Works with average indoor exposure to noise and stress. 5. Normal indoor exposure to dust / dirt. 6. Travels frequently as needed to perform essential job duties. 7. Periodically works evenings of fluctuating schedules to perform job duties. PHYSICAL AND MENTAL REQUIREMENTS 1. Frequent movement about the work site and outdoor locations during the workday. 2. Standing, walking, sitting, stooping and climbing required during normal workday activities. 3. Speaking/Communications with normal ability required. 4. Vision with normal ability required. 5. Frequent lifting of up to 60 pounds. 6. Must be able to wear, operate and manipulate a backpack-mounted spraying device. QUALIFICATIONS A. EDUCATION TRAINING High School diploma or equivalency required. Continued education in the fields of biology, environmental science, geo-environmental science, forestry, epidemiology or entomology is preferred. B. WORK EXPERIENCE No previous work experience required. KNOWLEDGE, SKILLS, AND ABILITIES REQUIRED 1. Must be able to speak and understand the English language in an understandable manner in order to carry out essential job duties. 2. Must possess effective communication and interpersonal skills. 3. Must possess initiative and problem solving skills. 4. Must possess ability to function independently, have flexibility and personal integrity and the ability to work effectively with clients, co-workers, agencies and others. 5. Must possess ability to maintain confidentiality in regard to information and records. 6. Must possess the technical knowledge of operating personal computers and other office equipment with accuracy and reasonable speed. 7. Must possess a willingness to travel as needed to carry out essential job duties. 8. Must possess knowledge of rules and regulations of government agencies and ability to apply same to job duties. 9. Must be able to navigate accurately with assistance of maps, GPS and other tools 10. Must possess a valid state-issued Driver’s License.