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Home My Public Portal About1999 Agreement to maintenance the LakeA q u e n i x C mp n Pot t g th E th E me t Waterway Management Program Village of Key Biscayne Key Biscayne, FL Created For Village of Key Biscayne Aquagenox Inc 6500 Nortnwest 15 Avenue Suite 300 Fort i auderdale FL 33309 (954) 975 7771 — Fax ,9.,4) 969 7700 Aquagenix C mpa Pt t g th E th E m Tuesday July 27 1999 Village of Key Biscayne Armando Nunez 85 West McIntyre Street Key Biscayne FL 33149 Dear Armando Nunez t Following is the quote that you requested for professional lake management services and additional information on the many services that we provide Your program is designed to promote an environmentally balanced aquatic ecosystem using cost effective methods Benefits of Aquagenix Land Water Technologies Inc (ALWT) Programs are * Optional stocking of Bass Bream Channel Catfish and Mosquito Fish * Research for the introduction of the Triploid Grass Carp and Gambusia to assist in biological weed and mosquito control * The creation of aquatic sanctuary areas which may be left for aesthetic value and wildlife benefit if desired * Control of algae and undesirable water weeds * Border grass and brush control (to the waters edge) * Bacteria Monitoring and water analysis * Post Treatment Management Reports indicating details of work performed Other services available from our company include * Wetland Planting * Decorative Fountains / Aeration Systems I Fountain Service * Blue Dye / Water Clarity Treatment * Turbidity Curtains I Weed Barriers *Waterway and Wetland Consulting Created For Village of Key Biscayne Aquagenix Inc 6500 Northwest 15 Avenue Swte 300 ort Lauderdale FL 33309 (954) 975 7771 — Fax (954) 969 7700 Advantages of doing business with us are * Ten million dollars of insurance coverage to adequately protect you and your organization * One million dollars of pollution control coverage * Radio equipped fleet of trucks and supervisors vehicles for quick response to customer calls (usually the same working day) * ALWT s exclusive Four Wheel Drive limited slip differential Spray Vehicles with hydraulic weight balancing for steep lake slopes * Computerized water analysis and property management service records for meetings and submission to government agencies when required * An educational library literature and staff biologists to give video slide and movie presentations to interested groups * Our field crews wear neat collared uniforms with our name embroidered on the shirts for security identification * Our trucks boats and spray vehicles are new and are clearly identified with our name seal and telephone numbers Attached is an agreement covering the services you require and a copy of our Insurance Certificate If at any time you are not fully satisfied with our service a sixty day cancellation clause is included in the agreement Neat clean waterways enhance real estate values sales potential and are pleasing! Our company s goal is to work toward a growth pattern of natural balance allowing beneficial aquatic plants to propagate while controlling filamentous algae and other rapidly growing noxious weeds Properly managed waterways will maintain water quality clarity and provide an environmental and recreational asset to the property owners at the least cost of maintenance Please sign both contracts and return the original to our office for immediate scheduling of service We loo forward to the opportunity of serving you Respe;`f ully yours A. u enix Land Water Technologies Inc Enclosure Created For Village of Key Biscayne Waterway Survey Chart Customer Name Village of Key Biscayne Inspection Date 12/8/98 Waterway Number Surface Cover (In Acres) Perimeter (Linear Feet) 1 0 21 540 Totals Created For Village of Key Biscayne 0 21 Acres 540 00 Linear Feet A q u a e n i x Cmp Pt t g th E th E m t AQUATIC MANAGEMENT AGREEMENT This agreement dated 12/8/98 is made between AQUAGENIX LAND WATER TECHNOLOGIES INC (ALWT) and CUSTOMER Village of Key Biscayne 85 West McIntyre Street Key Biscayne FL 33149 (305) 365 8945 Both CUSTOMER and ALWT agree to the following terms and conditions 1 General Conditions ALWT will provide aquatic management services on behalf of the CUSTOMER in accordance with the terms and conditions of this Agreement at the following aquatic site(s) 1 Lake located at Village of Key Biscayne in Key Biscayne FL 2 Contract Term The term of this Agreement shall be 12 Month(s) or as otherwise provided by Contract Addendum 3 Contract Services CUSTOMER agrees to pay ALWT the following amounts during the term of this Agreement for these specific water management services Algae and Aquatic Plant Control Included Border Grass and Brush Control to Waters Edge Included Water Testing (See Addendum 13a) Included Bacteria Monitoring (See Addendum 13a) Included Aquatics Consulting Included Fish Stocking (Bass and Bream) Optional Biological Control Agent Permit Applications Tnploid Grass Carp Mosquito Fish Included Management Reporting Included Total Annual Program Investment Annual $1 200 00 Monthly $100 00 12 inspections per Year with treatment as necessary See Item 14 which defines Aquatics Consulting and how it may benefit the CUSTOMER *Triploid Grass Carp stocking subject to required approval of Florida Game and Fresh Water Fish Commission Created For Village of Key Biscayne Aquagenix Inc 6500 Northwes 15 Avenue Suite 300 Fort Lauderdale FL 33309 (954) 975 7771 — Fax (954) 969 7700 4 Starting Date The starting day of this Agreement is the first day of the month in which services are first provided without regard to the actual days unless otherwise agreed to in writing by both parties Services shall be continuous without interruption 5 Schedule of Payment $100 00 (first month) shall be due and payable upon execution of this Agreement the balance shall be payable in advance in equal monthly installments CUSTOMER agrees to pay ALWT within thirty (30) days after date of invoice at ALWT s home office in Fort Lauderdale Florida Failure to pay any amount when due shall constitute a default under this Agreement 6 Limited Offer The offer contained in this Agreement is valid for thirty (30) days only and must be returned to our office for acceptance within that period If not accepted within that time the offer shall be void 7 Safety ALWT agrees to use specialized equipment and products which in its sole discretion will provide safe and effective results for the specific site(s) 8 Address Change In the event that ALWT or CUSTOMER undergoes a change in address notification to the other party shall be made by first class mail Written instructions including the new address and telephone number will be enclosed in the notification 9 Termination Procedure This Agreement may be terminated by either party with sixty (60) days written notice Notification must be sent by certified mail return receipt requested to AQUAGENIX LAND WATER TECHNOLOGIES INC 6500 NW 15 Avenue Fort Lauderdale Florida 33309 ALWT reserves the right under special circumstances to initiate surcharges relating to extraordinary price increases of water treatment products a Date of Termination will be defined as two (2) months after the last day of the month in which Notice of Cancellation was received by ALWT in accordance with Paragraphs 9b and 9c b In the event that your account is not settled in full at the same time as your cancellation letter is received ALWT will continue to bill you until the contract expires Settlement in full includes payment for two months service after the end of the month in which the cancellation letter is received by ALWT c Payment in full shall be defined as payment to ALWT through the effective Date of Termination as determined by the procedure outlined above in Paragraphs 9a and 9b Created For Village of Key Biscayne 10 Insurance ALWT agrees to maintain at its sole expense the following insurance coverage Worker s Compensation General Liability Automobile Liability Property and Casualty Excess Liability and Business Interruption Coverage Upon written request CUSTOMER may be listed as an Additional Insured at no extra charge A Certificate of Insurance will be provided at the CUSTOMER s request 11 Automatic Renewal This Agreement shall automatically renew for term equal to its original term unless a Notice of Cancellation has been received as outlined in Paragraph 9 The contract amount shall be adjusted at a rate of 4% increase per year on the anniversary date of this Agreement Unless otherwise agreed to in writing by both parties services shall be continuous without interruption 12 Default If CUSTOMER defaults on any provision of this Agreement CUSTOMER hereby agrees that ALWT may at its sole discretion seek any or all of the following remedies a Termination of this Agreement In this event CUSTOMER agrees to make immediate payment of the total contract amount through the end of its term (less previously paid payments) as liquidated and agreed upon damage b Imposition of Collections Charge for monies due If this action is deemed necessary in the sole judgement of ALWT CUSTOMER agrees to pay ALWT s reasonable attorney fees (including those on appeal) court costs collection costs and all other expenses incurred by ALWT resulting from this collection activity c Filing of a mechanics lien on property for all monies due plus interest costs and attorneys fees 13 Addenda See attached map survey and report (where applicable) a Water testing and bacteria monitoring shall be conducted at the sole discretion of ALWT for the specific purpose of improving the Aquatic Weed Control Program results b Work as requested by CUSTOMER such as trash clean up physical cutting and or plant removal and other manual maintenance may be performed by our staff Extra service work will be invoiced separately at our current hourly equipment and labor rates 14 Aquatics Consulting ALWT management and personnel are available by appointment for aquatic demonstrations videos and slide shows which are designed to help understand lake and waterway problems and their respective solutions Created For Village of Key Biscayne 15 Fish Stocking Annual Spring Fish Stocking is optional This optional service may be ordered by the CUSTOMER and if so ordered will be provided by ALWT for a nominal charge based upon stocking rates lake sizes and other factors 16 Contract Documents This Agreement constitutes the entire Agreement of ALWT and the CUSTOMER In the event th-t any portion of this Agreement shall be held invalid or unenforceable the remain portions of this Agreement shall be binding upon both parties No oral or written modific- ' on of the terms contained herein shall be valid unless made in writing and accepted b a ; uthonzed agent of both ALWT and CU OM R AQ G NIX LAND W ECHNOLOGIES Created For Village of Key Biscayne Alin/Nil/ Abed Ana *k41• * PRODUCER ACORDIA SOUTHEAST BOCA RATON DIVISION L200 N FEDERAL HWY SUITE 201 BOCA RATON FL 33432 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE COMPANY LETTER NATIONAL UNION FIRE INS CO INSURED AQUAGEN IX LAND —WATER rE CHNOLOGIES, INC 5500 N W 15TH AVENUE FT LAUDERDALE FL 33309 COMPANY LETTEI AM INTL SPECIALITY LINES COMPANY C LtI cH COMPANY Lt l I G1 COMPANY E LETTER COVERAGES THIS IS TO CE47lFY THAT THE POLICIES OF INSURANCE USTED BE_' OW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD .� C �RTflFTCA''NMAY BE ISSUED OR MAY RECUIREMENTERTI THINNSURANCE AF CRDEN D BY THE CONTRACT ES DESOR CRIBEDDHEREIN IS SUBJECT TO U. THE TERMS PFCT TO WHICH IS EXCLUSIONS AND CONORIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BE21 REDUCED BY PAID CLAIMS CO .TR TYR' OF INSURANCE POLICY NUMBER �POLICY EFFECTIVE POLICY EIPIRATION 7ATE (MM/CO/Y1 DATE (MM/CONYI LIMITS A GENERAL LIABILITY CCMMFRr`M GENERAL LABILITY MS MACE X CC"...tF. OWNERS & CYTPAC•CFCS PROT AU X X X ONOME LABILITY ANY AI. O AL. OVINE AUTOS SCHWUL=AUTOS NIRO ALMS NON -OWNED AUTOS (ARWE L.ABRTTY 9330129\NATLUNIO 7/01/98 07/01/99 CA8260117\NATLUNI07/01/98 7/01/99 GcNrv1LAGGRECECC RCDLCS-C.^MP/CP AGG. F_fCNAL &ACV ILUFY �LGY CCCJRAENCc Fr ..AMAG Wry .au fuel MEOEXP Any >enc ) CCMSINEC SINGL LMIT ECCILY NJURY (Per FR= ( Is 2,000,00 Is 1,000,00 1,000,00 is 1,000,00 IS 50,0C 5,00 s 1 000,00 ECCILY INJURY (Per acreenq $ PROPERTY CAMAG S SIC -SS LABILITY x UMBRE..A OPA1 OTHER THAN UMSREL A FCPAI BE3576110\NATLJNI 07/01/98 07/01/99 EACH Fri SPENCE AGGREGATE s10,000,00 $ PS A 3 WORKERS COMPENSATION AND EMPLOYERS .LLABILITY OTMEPROFESSIONAL & POLLUTION LIAB EACH CLAIM AGGREGATE 7081935 7081936(CA) COPS 2672644 07/01/98 07/01/98 07/01/98 07/01/99 07/01/99 07/01/99 X I STATUTORY LJWIS EACH ACC.AENT CLSFaaR-POLICYL9ET CISEASE-EACH EMPLOYE $1,000,000 $2,000,000 s 500,0C s 500,OC s 500,0C DESCRIPTION OF OPERATIONSA.00ATIONAN UCLFSAPECTALDEMS COVERAGE AFFORDED UNDER WC LAW CERTIFICATE HOLDER IS NAMED AS ADDL INSURED WITH RESPECT TO GENERAL LIABILITY AND AUTOMOBILE LIABILITY OERTIFICATEHOWER .s ACORD 24S (790) Y°nts.- �i Acat,. aura{ �k A Suuaaaww.av n...c..aw,meata's\ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 3 A DAYS WRITTEN NOTICETO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LABILITY OFANY KIND UPON4HE COMPANY FFSAGTINTS OR REPRESENTATIVES Yg AUTHORI2 REP 0 .CCACORD"CORPQRATION Is V- vY, w ww Y _. y mw S`wfr . iatva'*..�,.�&.ataS ..n v,.a>ei .: u 't saw t .. �K u„ a 'S N. "a7"Au �xs' �: ^ � .m` s7 ",....: '. r„ �'" *i+n .%r' '. ../+ v - "Z Ct. a .7.6 -it .z t vsre, 1 46 4111 .*(sw.uew'wa0uv 4, " wrs+ .en.vaa Aquagenix is the largest aquatic and wetland management company m the South east We have specialized in the management environmental compliance and preservation of lakes waterways and wetlands for over 25 years Aquagenix is uniquely qualified to customize and deliver exceptional service to both small and large customers no matter what special reqmrements they may have Aquagenix has the industry's largest fleet of non intrusive application vehicles enabling us to provide you with service sensitive to your needs We employ the largest staff of professionally trained fully licensed service technicians Our centralized customer service hotline assures you of 24 hour emergency response Working in partnership with local and national government agencies Make a dramatic difference we keep our clients up to date with any regulatory code or change that may occur We are the only company that guarantees you EPA compliance and backs that guar antee with the highest Liability and Pollution Control insurance coverage in our industry' Company wide dedication to quah ty service with complete customer satisfaction has enabled Aquagenix to deliver extremely reliable water management that will make a dramatic difference m your lakes waterways and wetlands' Algae and Aquatic Weed Control A principal ingredient in sparkling lakes and waterways is the process of successful aquatic plant con trol A healthy aquatic ecosystem can be achieved at many levels You may desire to create a broad expanse of pristine water a flour ishing wildlife habitat or any level m between Aquagenix has a van ety of methods from chemical to mechanical to selectively control and maintain your desired level of aesthetics We have both the exper Use and the experience to make it happen Exotic and Nuisance Vegetation Control Controllmg the spread of exotic vegetation is crucial to the preser vation of required beneficial native plant species These exotics represent an escalating nuisance that the government is becommg increasingly concerned about Licensed and approved by the Department of Agnculture Aquagenix has the knowledge and experience to identify and elimmate unwanted species with minimal impact to surrounding native plants Wetland Planting; Restoration and Maintenance Aquagenix is uniquely positioned to offer you a turnkey wetland program tailored to yourparncu Jar needs We can act as your wetlands contractor in addition to serving as your Environmental Consultant interfacing with all of the various governmental per imttmg agencies Our Wetland Technical Staff comprised of biologists and environmental specialists holds all of the hcenses and permits necessary to design construct and maintain success ful wetland ecosystems