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01/30/1991 ContractC O N T R A C T F i r-- '- EL .: FD 91 FEB 7 PPl 11 59 THIS AGREEMENT, made and entered into this 30th day of D4 aDF January, 1991, between Monroe County, Florida (Owner), ,aid Davis ,r, c � Water Analysis, Inc., (Contractor): CNTY,FLA. W I T N E S S E S: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: The Contractor shall furnish all labor and equipment to oper- ate and maintain the Public Service Building's Sewage Treatment Plant in accordance with the Florida Department of Environmental Regulation Permit Number DO44-142404 and his proposal dated December 20, 1990 attached hereto and incorporated as part of this contract document. II. INSURANCE Upon Execution of this agreement, the Contractor shall fur- nish the Owner Certificates of Insurance indicating the following minimum coverage limitations: Public Liability $100,000.00 Property Damage $100,000.00 Worker's Compensation $ 50,000.00 III. HOLD HARMLESS The Contractor shall defend, indemnify and hold the County, its officials, employees and agents harmless, from any and all claims, liabilities, losses and causes of action which may arise out of the performance of the Contract except such claims, liabil- ities, losses and causes of action which may arise because of the County's negligent actions or omissions. Compliance with the insurance requirements shall not relieve the Contractor from the obligations imposed by this article. IV. TERM OF CONTRACT This contract shall be for a period of one (1) year, commenc- ing on the day in which it has been executed by both parties. This Contract term shall be renewable in accordance with Article VI. V. CANCELLATION Either of the parties hereto may cancel this agreement with or without cause by giving the other party sixty ( 60 ) days writ- ten notice sent certified mail of its intention to do so. VI. RENEWAL The Owner shall have the option to renew this agreement after the first year, and each succeeding year, for a maximum of two (2) years. The contract amount agreed herein may be adjusted annually in accordance with the percentage change in the Consumer Price Index (CPI) for Wage Earners and Clerical Workers in the Miami, Florida area index, and shall be based upon the annual average CPI computation from January 1 through December 31 of the previous year. VII. PAYMENT The County shall pay to the Contractor for the performance of said service on a per month in arrears basis on or before the 15th day of the following month in each of twelve (12) months. The Contractor shall invoice the County monthly for sewage treat- ment plant operation and maintenance performed under the Specifi- cations contained herein. The Contract amount shall be as stated by the contractors proposal herein attached and as follows: $2,400.00 per year to be paid $200.00 per month. In witness whereof, the parties hereto have executed this agree- ment the day and year first above written, COUNTY OF MONROE, STATE OF FLORIDA By Mayor/Chairman Attest: DANNY L. KOLHAGE, Clerk Davis Water A alysis, Inc. By President Attest: ITNES WITNESS SWORN STAB UNDER SECTION 287.133 (3) (a) , FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Bid, Proposal or Contract No. for omrato=aggat g2blic Works Bldg. 2. This sworn statement is submitted by Joe H. Davis of Davis Water Analvsis (name of entity submitting sworn statement Whose business address is P_n_ Pn,t ?SRA XQ7 wegg. p P1 nnas and (if applicable) its Federa Employer Identification Number (FEIN) is (If the entity has no FEIN, inc u ethe social Security Number of the individual signing this sworn statement: 3. My name is Joe (please print name of individual signing) entity named above is Davis Water AnalySi G 4. I understand that a "public entity crime" as defined in Paragraph 287.133(1) (g) , Florida Statutes mieans a violation of any state or federal aw by a person with respect to and directly related to the transaction of business with any public entity or.. with an agency or political- subdivision of any other state - or with the United -States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering., conspiracy, or material misrepresentation. 5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b). Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989,, as a result of a jury verdict,. nonjury trial, or entry of a plea of guilty or nolo contendere. 6. I. understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or a public entity crime: 2. An entity under who is active in the has been convicted of "affiliate" include successor of a person convicted of or the control of any natural person management of the entity and who a public entity crime. The term s those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a "person" as defined in Paragraph 287.133 (1) (e) , Florida Statutes means natural person or entity organ zed under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity,; or which otherwise transacts or applies to transact business with a public entity. The term "Person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (please indicate which statement applies.) x Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which additional statement applies.) - There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered b the hearing officer determined that it was in the pubic interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order) The person or affiliate has not been, placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services.) signature Date: STATE OF COUNTY OF ERSONAL Y APPEARED BEFORE ME, the undersigned authority, �WGJ who, after first being sworn by me, alfie of individual signing) affixed his/her sign %tre-in the space provided above on this day ofL' �'�1� , 19 q0 . OTARY PUBLIC vu My commission expires: NOTARY PUBLIC STATE OF FLORIDA MY COMMISSION EXP. AUG.22,1993 BONDED THRU GENERAL INS. UND. n NON -COLLUSION AFFIDAVIT I� Joe H. Davis . of the city of KPv Whc� r'i according to law on my oath, and under penalty Of perjury, depose and say that; 1) i am President/FXec� �+ ; �� n; r of the firm of Davis Water Analysis, the bidder making the Proposal for the project described as follows: Operation & maintenance of the sewage tree the Monroe County Public Works Building on Stock Island' tment plant at 2) the prices in this bid have been arrived at independent- ly without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competi= tor; 3) unless otherwise required by law, the prices•which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed'by the bidder prior to bid opening, directly or -.indirectly `=io any other bidder or to any competitor; and 4) no attempt has been made or will be made by the bidder to induce any other person; -partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competi- tion; 5) the statements contained in this affidavit are true'and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. S gnat" o� e STATE OF �7 D COUNTY OF 4,(t DATE I MSO�Vua PEARED BEFORE ME, the undersigned authority, 1 1 1 who, after first being sworn by me, e o n a gn ng) affixed his/her si ature in the spa a provided above on this day of , 19 NQTARy. •PUB Q My conuni33ion expires: NOTARY PUBLIC STATE OF FLORIDA MY COMMISSION EXP. AUG.22.1993 BONDED THRU GENERAL INS. UND. ISSUE DATE (MM/DD/YY) 1/24/91 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, Southernmost Ins. Agency EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE 1104 Truman Ave. Key West, FL 33040 COMPANY A LETTER COMPANY B LETTER INSURED ETTERNY C+ Davis Water Analysis, Inc. P.O. Box 2584 Key West, FL 33040 COMPALETTER D COMPANY E LETTER THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD YY) POLICY EXPIRATION DATE (MM/DD YY) ALL LIMITS IN THOUSANDS GENERAL LIABILITY GENERAL AGGREGATE $ 10 0 A COMMERCIAL GENERAL LIABILITY CLAIMS MADE ❑OCCURRENCE 1 C P 115 319 9 410 0 12 / 2 8/ 9 0 12 / 2 8/ 91 PRODUCTS-COMP/OPS AGGREGATE $ 100 PERSONAL 8 ADVERTISING INJURY $ 100 OWNER'S & CONTRACTORS PROTECTIVE EACH OCCURRENCE $ 10 0 FIRE DAMAGE (ANY ONE FIRE) $ 50 5 MEDICAL EXPENSE (ANY ONE PERSON) $ 5 AUTOMOBILE LIABILITY ANY AUTO DSLL' $ 100,000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY'�� (PER PERSON) $ HIRED AUTOS NON -OWNED AUTOS 1 C P 115 319 9 410 0 12 / 2 8 / 9 0 12 / 2 8 / 91 BODILY INJURY �CDIDENT) $ PROPERTY DAMAJE$ GARAGE LIABILITY EXCESS LIABILITY EACH AGGREGATE OCCURRENCE $ $ OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY STATUTORY_ $ (EACH ACCIDENT) $ (DISEASE -POLICY LIMIT) $ (DISEASE -EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX. Monroe County Board of County Commissioners 500 Whitehead St. Key West, FL 33040 PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIA ITY F ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUThOR14ib REPRESENTATIVE COMPOSITE INSURANCE POLICY -COMMON POLICY DECLARATIONS Policy No. 1 C P 115 319 9 41 ' OO Renewal of 1CP 107430664 00 1. NAMED INSURED AND MAILING ADDRESS: (No., Street, City, State, Zip Code) DAVIS WATER ANALYSIS,INC. POST OFFICE BOX 2584 KEY WEST, FLORIDA 33045 2. POUCY PERIOD: From 12/28/90 to 12/28/91 12:01 A.M. standard time at your mailing address shown above. 3. BUSINESS DESCRIPTION: URN 411; INSURANCE ® United States Fidelity and Guaranty Company Fidelity ad Guaranty Insu I nce Underwriters. Inc. Fidelity and Guaranty Insurance Company (Each a Stock Insurance Company) The issuing company is designated above by the letter X. Branch Office: JACKSONVILLE, FLORIDA Agent: SOUTHERNMOST INSURANCE AGENCY Address: KEY WEST, FLORIDA Agent's Code 33-2079 Countersigned By: PLUMBING wG��w�•p,�� U U 4. In return for the payment of the premium, and subject to all the terms of this policy, we agree with you to provide the insurance as stated in this policy. This policy consists of the following Coverage Parts for which a premium is indicated. This premium may be subject to adjustment. THE PpLICY CWTING 14ININIIN PRE1rIIU11 IS: $200. Coverage Parts COMMERCIAL GENERAL LIABILITY BUSINESS AUTOMOBILE 0 Premium is payable: Total Policy Premium At Inception Premium $ 1,676. $ 54. $ 1,730. 5. FORMS AND ENDORSEMENTS APPUCABLE TO ALL COVERAGE PARTS: CUIL 105 09 88 IL0017(11-85) TL/ jb 11/5/90 PT4�3 I CL/IL 105 09 88 (ISO IL W ib i i bbo rm < µ r o z'3 o z ~ �P O '� � a a % T Im C3 K kom N rri .� �o rt G n ca m � � O fp 'r ♦/� � ` * `C w C y r s. M IA��1 0 1*j M In" W e rt O • rT M N n x cn -. .• Cc cm wvnm S� 11100 O fc V * K- n Vf to _ < a. C 4 *, n N A On•� MD 1 • 1• � Os U U TE.v . r vltiw ..(Ali-.•. __ + THIS LICENSE EXPIRES SEPT EMBER % 30i j � l9 �cosT AND 471 130-06 . PENALTY - MU 7.4 7 EMPLOYEES: K��. EN NRENT NBR OF EMPLOYEES: HERE:`` ,;.r+;� TRANSFER FEE STATE CERTIFICATE NUMBER g`•'s� HARRY • F. KNIGHT•CFC TAX,COLLECTOR 294-8403 P.O. BOX' I I29 KEYL,WESTj, FIL 33041-1129 PLEASE SEE BACK OF FORM THE'ABOVE LICENSEE IS HEREBY LICENSED TO ENGAGE INITHE BUSINESS PROFESSION OR OCCUPATION OF :`- TOTAL DUE DAVIS MATER'ANALTSISi1NC" DAVIS,rAOE PRESIDENT. PO BOX-25W KEY' WESTrfL" 33040 SEWAGE TREATMENT SERVICE ' THIS FORM 9�ECOIMES A RECEIPT ONLY WHEN Vt/ALIDATED BY RECEIPTING M�(r111 ( TRA 1 �NISACC?UC*09 ATE,,AND AMOUNT PAID. C ATl LOCATION, 01FRONT �ST STOCK• ISLAND LO THIS LICENSE MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS LICENSE YEAR OCCUPATIONAL LICENSE 1 S 9c-1991 City of, Ivey West, Florida THIS LICENE-I.a•1NUST BE PROMINENTLY DISPLAYED LICENSE PERIOD RFnitJNlNc 1 C10 1190 �"ROUG PENALTY SCHEDULE No. 5CC13418013 H 09/:C/91 NO REFUNDS C. Q 22 0. C 2 30 4 0 C 2 40. 0 250.00 0042 1 02017478 REVS 10/03/90 09:35 LI OCTOBER NOVEMBER - DECEMBER JANUARY GENERAL REVENUE FUND 50013418013 BUSINESS T CT A L UNIT S ADDRESS: 4 T H AVENUE S T K I S L TYPE LICENSE: 31 MISCELLANEOUS BUSINESS :SPECIFY BUSINESS NAME: r DAVIS WATER ANALYSIS INC OWNER: SEWAGE TREATPENT OPERATICN ADDRESS: DAVIS WATER ANALYSIS INC CITY: I PC BOX 2584 KEY WEST FL 33C41 1 NAME: DAVIS WATER ANALYSIS CK2587 001 LICENSES 321-100 $ 200.00 FINANCE DEPARTMENT DIVISION OF REVENUE