10/03/1990 Contract!!!N /• /N!!
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1619 Moylan Road
Panama City Beach, FL 32407
(904) 234-8428 / (904) 769-5923
(800) 852-8878
CONTRACT
MONROE COUNTY MUNICIPAL SERVICE DISTRICT
PUBLIC SERVICE BUILDING
KEY WEST, FL. 33040
Hereinafter referred to as Employer
And
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SOUTHERN WASTE SERVICES
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1619 MOYLAN
ROAD
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PANAMA CITY
BEACH, FL.
32407
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Hereinafter
referred to
as Contractor
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Wheras:
Employer
wishes Contractor to
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fur�'sh
Gab r, o
Materials,
equipment,
and or consultation for
thep
folio'
services: SEE
ATTATCHED
SCOPE OF WORK
PAYMENT
Upon completion of the foregoing work, Contractor shall
expect as consideration for performing these services, payment in
accordance with the payment schedule enclosed as Exhibit B.
INDEPENDENT CONTRACTOR
Contractor shall act as an independent contactor at all
times and shall have complete control over responsibility for the
work to be performed and the proper utilization of contractor's
employees and equipment.
INSURANCE
Contractor agrees to carry all applicable insurance as
required by the employer during the duration of the
aforementioned job, and agrees to defend, indemnify, and hold
harmless the employer for all operations of the contractor.
COMPLIANCE WITH LAWS
In the performance under this contract and in every activity
connected with it, Contractor shall fully comply, and shall cause
its employees and subcontractors to comply, with all applicable
laws, ordinances, rules and regulations, whether federal, state
or local.
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1619 Moylan Road
Panama City Beach, FL 32407
(904) 234-8428 / (904) 769-5923
(800) 852-8878
TIME IS OF THE ESSENCE
Contractor shall commence the performance of the work
required herein as soon as deemed practical by Contractor from
the request for services, provided that terms of acceptance of
this Agreement are met, and thereafter Contractor will proceed
with reasonable diligence and dispatch in order to complete the
work as required by Employer.
Time is of the essence and should Contractor refuse or be
unable to prosecute the work or any part as provided for in this
Agreement, then Employer, after forty eight hours (48) demand and
notice in writing served upon the Contractor may take over and
complete work. In such event Contractor shall be credited with
full consideration that Contractor would have recieved through
that stage of completion less damages suffered by the employer
becuse of the contractor's failure to perform.
FORCE MAJEURE
Either party shall be excused from its obligations under
this Agreement, other than either party's obligation to make
payments of money due hereunder, if performance is delayed or
prevented by acts of God, fire, explosion, war, earthquakes,
riots, strikes, labor disputes, governmental laws or regulations
or other similar causes beyond such party's control, but only to
the extent of and during the continuance of such disability.
Nothing herein shall be construed to relieve either party of
liability for any negligence of such party, its employees, its
agents, and or its subcontractors.
CONFLICT Of INTEREST
"Southern Services warrants that he/it has not employed,
retained or otherwise had act on his/its behalf any former County
officer or employee subject to the prohibition of Section 2 of
Ordinance No. 010-1990 or any County officer or employee in
violation of Section 3 of Ordinance No. 010-1990. For breach or
violation of this provision the County may, in its discretion,
terminate this contract without liability and may also, in its
discretion, deduct from the contract or purchase price, or
otherwise recover, the full amount of any fee, commission,
percentage, gift, or consideration paid to the former County
officer or employee."
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ASSIGNABILITY
1619 Moylan Road
Panama City Beach, FL 32407
(904) 234-8428 / (904) 769-5923
(800) 852-8878
All of the terms, obligations, and conditions herein
contained and set forth shall be available to and binding on a
successors and assigns of the respective partys hereto; however,
contractor may not assign this agreement or any part hereof, or
any benefits hereunder, or sublet or subcontract to another any
work hereunder without the written consent of employer.
COSTS AND ATTORNEYS FEES
This contract shall be governed by the laws of the State of
Florida. In the event of any litigation arising out of this
contract the prevailing party shall be entitled to reasonable
attorney's fees and costs. Venue for any litigation arising out
og this contract shall be in the Circuit Court of Monroe County,
Florida.
INTERGRATED AGREEMENT
This agreement, including exhibits hereto, comprises the
entire Agreement between Contractor and Employer, and there are
no agreements, understandings, promises, or conditions, oral or
written, express or implied, concerning the subject matter of
this agreement. This agreement shall not be modified, terminated,
or discharged except by written instrument signed by authorized
representatives of the parties hereto.
By: By:
Monroe County Date A .3_9v S4ur
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
By: ,
puty C er
- �l -10 _
ervices Date
Mil? LEGAL SUTFICIENCV.
+ttomoy's Office
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1619 Moylan Road
Panama City Beach, FL 32407
(904) 234-8428 / (904) 769-5923
Monroe County Municipal Service District (800) 852-8878
Att: Captain Thomas W. Brown
Public service Building
Key West, F1. 33040
September 7, 1990
To Whom it May Concern:
Southern Services is pleased to present the following
scope of work for your consideration:
SCOPE OF WORK FOR SLUDGE HAULING
I We will place two tankers with a combined holding capacity
of 16,000 (sixteen thousand) gallons at Cudjoe Key.
II: We will place two tankers with a combined holding capacity
of 16,000 (sixteen thousand) gallons at Key Largo.
III: These tankers will be changed out on an as needed basis
daily.
IV: Prices will be as quoted in the letter dated September 5,
1990 and included as attatchment C.
V: These prices are based on 20,000 (twenty thousand)
gallons/day between the two locations.
VI: There will be a 4% fuel service charge based on the current
cost of diesel fuel. This will go down 1% for every 5% drop
in current fuel prices. This price and a pricing index, will
be determined upon the start of the job.
VII: This contract will be for 6 months, with an option to renew
and will allow both parties to make cancellation with 60
days written notice.
VIII:All tolls will be billed at cost and will be a seperate line
item.
EXHIBIT A
PAGE ONE
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1619 Moylan Road
Panama City Beach, FL 32407
(904) 234-8428 / (904) 769-5923
(800) 852-8878
IX :Southern Services shall use the Dade County disposal method
until approval has been granted and all permitting has
taken place allowing for disposal at another site. Once
this has taken place disposal shall occur at whichever site
Monroe County requests.
X: Southern Services shall provide all personnel and equipment
necessary to provide for a smooth operation. Southern
Services shall provide all assistance required by Monroe
County to make this a successful contract.
XI: Monroe County shall provide a location for our tankers to be
placed allowing for maximum ease in the on and off-loading
process.(Roughly 20x56 each).
XII: Southern Services shall provide load and milage tickets for
all loads hauled.
XIII:Southern Services shall have a vaccuum truck available
during the duration of the contract.
All work will be performed in strict accordance with all Federal,
State and local regulations. Thank you for your business and we
look forward to working with you in the future. If you have any
questions please feel free to call me at 1-800-852-8878.
Since ely,
i Weber
r 'ect supervisor
EXHIBIT A
PAGE TWO
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1619 Moylan Road
Panama City Beach, FL 32407
(904) 234-8428 / (904) 769-5923
(800) 852-8878
PAYMENT SCHEDULE FOR MONROE COUNTY
Monroe County Municipal Sevice District
Att; Captain Thomas W. Brown
Public Service Building
Key West, F1. 33040
September 7, 1990
Dear Sir:
Southern Services proposes to bill Monroe County on a
monthly basis and will submit a bill for payment on the
first of every month during the duration of the contract. We
will submit a Company invoice accompanied by individual load
tickets for the previous months loads. We will expect
payment for this invoice within 10 days of receipt. All
payments and correspondence shall be mailed to our Panama
City Beach office.
If there is a problem with this method please feel free to call
me at 1-800-852-8878. Thank you for your business and we look
forward to working with Monroe County.
Sincerely,
Jl Weber
P o ct Supervisor
EXHIBIT B
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1619 Moylan Road
Panama City Beach, FL 32407
(904) 234-8428 / (904) 769-5923
(800) 852-8878
Post Buckley Schuh & Jernigan
Att: Craig Ferguson
1560 Orange Ave. Ste. 700
Winter Park, F1. 32789
September 5, 1990
PICKUP DESTINATION
CHARGES
APP MILAGE PER MILE PER TRIP
CUDJOE MARTIN SITE 301(ONE WAY) 1.25 752.50
KEY LARGO MARTIN SITE 225(ONE WAY) 1.25 562.50
THIS IS A STATE APPROVED LAND APPLICATION SITE IN MARTIN
COUNTY.
CUDJOE PALM BCH. SITE 452
KEY LARGO PALM BCH. SITE 320
1.25 565.00
1.25 400.00
THIS IS A STATE APPROVED LAND APPLICATION SITE IN PALM BEACH
COUNTY WHICH MAY HAVE ENOUGH CAPACITY TO HANDLE THE VOLUME.
CUDJOE DADE COUNTY 312
KEY LARGO DADE COUNTY 140
1.25 390.00
1.45 203.00
THESE PRICES ARE SUBJECT TO MONROE COUNTY SUPPLYING THE DUMP
SITE.
1. ALL MILAGE IS AN ESTIMATE AND ACTUAL MILAGE MAY DIFFER.
2. LAND APPLICATION WILL REQUIRE ANALYTICAL WORK TO BE
SUPPLIED BY MONROE COUNTY.
3. ALL LOADS WILL BE OF MAXIMUM WEIGHT. (5500-6000
GALLONS)
4. THESE PRICES ARE BASED ON A SIX MONTH CONTRACT.
EXHIBIT C
SEP 25 '90 15:42 P.4/9
of SWORN STATEMENT U'<Dfl: SECTION 3s7.133(3)(a),
FLORIDA STATC' 1 , ON PUBLIC: E-N11T1' CRIMES
THIS FORM MUST BE SIGNED IN THE PRLSENCE OF A NOTARY PUBLIC OR OTHER OFFICER
AVTIIORIGED TO ADMINISTER OATHS,
1. This sworn statement is submitted with Bid, Proposal or Contract No.
for
S
i
l C
2. This sworn statement is submitted by �e������
v,
[name of enUry submitting srvorn.swtementJ
whose bus?:,= address is
CA a;e-1 0 1 and
(if applicable) its Federal. Employer identification Number (FEIN) is (� C 1 j q 3 3
(If the entiry has no FEIN, include the Social Security Number of the individual signing this sworn
s
statement:
3. My name is, C-J R M� 5 ) �'��� and my relationship to the
[please print name of indlvldual sli;ningl
entiry named above is
4. 1 understand that a "public entiry crime" as defined in Paragraph 287.133(1)(g), Florida Statutes,
means a violation of any state or, federal law by a person with respect to and directly related to the
transaction of business with any public entiry 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
1 services to be provided to any public entiry or an agency or political subdivision of any other state
Or of the United States and involving antitrust, baud, theft, bribery, collusion, racketdering,
. conspiracy, or material misrepresentation.
? S. I'understand that "convicted" or'conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes,
x means a finding of guilt or a conviction of a public entiry crime, with or without an adjudication of
s guilt, in any federal or state trial court of record relating to charges brought by ixidicuuent 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. 1 understand that an "affiliate' as defined in Paragraph 287.133(1)(a), ELQrlda Stntylm, means:
I. .-\ predecessor or successor of a person convicted of a public entiry crime: or
2. An entiry under the control of any natural person who is active in the management of the
entiry and 'who has been convicted of a public entity crime. The term "affiliate' includes 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
marker value under an arm's leril;ch agreement, shall be a prison lade rasp 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 entiry crime in Florida during the; precedi{.g 36 months shall be considered an
affiliate.
understand that a 'person" as defined in Paragraph 287.133(1)(e), Florida 2wtptes means any
1 natural person or entity organized under the laws of arty state or of the Ursted States with the legal
power to enter into a binding contract and which bids or applies to bid on conmcu for the provision
of goods or services let by a public entiry, or which otherwise transacts or applies to transact business
with a public entiry. The term 'person' in those officers, directors, executives, partners,
shareholders. emplovees, members, and agents who are active in management of an entity.
8. Based on information and belief, the statement which 1 have marked below is true in relation to the
entiry submitting this sworn statement. [please Indicate which statement applies.]
yip
l;
SEP '90 15:40 P.5/9
A.
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,
1 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 stateintnt, 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, 61�D [Please indicate which sddinanal 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 abUiate on the convicted vendor list. (Please
attach a copy of the final order.)
The person or affiliate was placed on °.he 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 by the hearing officer determined that it
was in the public interest to remove the person or afMiate 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.]
z (si ature]
"i
Date:
STATE OF Florida
COUN7'X OF BaY
PERSONALLY APPEARED BEFORE ME, the undcrsigted authority,
James J. Weber Jr. who, after first being sworn by me, affixed 14SAher sigaaturt
Iname of individual signing]
in the space provided above on this 26th day of September 19 90
My comistigsian expires:
M!► on wo ms July 10, 1oDa
NOTARY PUBLIC
Form PUR 7068 (Rev. 11J89)
Lf �� ai i i L 'aj
F' . ti
N, N-COLLISION AFFIDAVIT
I, James J. Weber, Jr. of the city of
according to law on my oath, and under penalty
of perjury, depae8 and ca,y chats
am &s', z^-} -- .. — of the firm of
�J"�`�a�' SteV �•'--..,��., the bidder Makin th
E e . xopac+al for the
project described as .Follows:
2.) the prices in this bias have been arrived at
independently without collusion, consult -al -ion, communication or
agreement for the purpose of restricting competition, as to any
matter relating to such prices with any other bidder or with any
competitor,
` unless otherwise required by law, the prices which
hav kuoted in this bid have not been knowingly disclosed by
the bit, and will not knowingly be discloeed by the bidder and
will not knowingly be disclosed by the bidder prior to bid
opening, directly or indirectly, to any other bidder or to any
competi.tori and
4.) no attempt has been made or will be made by the bidder
to induce any other person, paxrnership or corporation to submit,
or not to submit, a bid for the purpose of restricting
competitions
5.) the statements contained in this affidavit: are true and
correct, and made with full knowledge that: Monroe County relies
upon the truth of ttae statements contained in this affidavit in
awarding Contracts for said project. v
STATE OF Florida
COUNTY OF Bay
DATE
PERSONALLY APPERARED BEFORE IX, the ti)ndersi.gned authorj� _
James J. Weber Jr, who, after firet being acorn by "Ae,
name o n V. ua e ggn'ing )
affixed his/her signature in the apace PI -evaded above oil 1rh.i c
26th day of September�'0 19 90
�\ C�prn )� - I�-. �_"'J
NOTARY�'UR---.L.rC ...,..----- --- -
My commission expires:
woarrxnisdwapkm July 10,19w