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Item C20 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 17, 2009 Division: Public Works Bulk Item: Yes X No Department: Solid Waste M_gmt. Staff Contact Person/Phone No.: Beth Leto/292-4560 AGENDA ITEM WORDING: Approval of Renewal Agreement with Sweetwater Environmental Inc. to transfer, collect, store, treat, transport, and dispose of sludge/septage generated within Monroe County. ITEM BACKGROUND: In accordance with Section IV of the original agreement dated May 19, 2004, as amended on June 16, 2004, the contract may be renewed for one (1) additional five (5) year period. PREVIOUS RELEVANT BOCC ACTION: On May 14, 2004, the BOCC approved award of bid and executed a contract with Sweetwater Environmental, Inc., which was amended on June 16, 2004, to clarify the term of the original agreement. CONTRACT/AGREEMENT CHANGES: Renew agreement for additional five (5) years from July 1, 2009 through June 30, 2014. STAFF RECOMMENDATIONS: Approval. TOTAL COST: Uprox. $325,000/yr. BUDGETED: Yes x No COST TO COUNTY: same SOURCE OF FUNDS: Solid Waste Fund approx. REVENUE PRODUCING: Yes x No AMOUNT PER MONTH Year $32,500 APPROVED BY: County Atty. OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM# MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Sweetwater Environmental Inc Contract# Effective Date: G710112009 Expiration Date: 6/30/2014 Contract Pur ose/Descri Lion: Amendment to Agreement to exercise 5-year renewal option. effective 7/1/08 Contract Manager. Beth Leto 4560 Public Works -#1 ............ .. (Name) (Ext) (Department/Stop#) for BOCC meeting on June 17. 2009 Agenda Deadline: June 5, 2009 CONTRACT COSTS Approx, Approx. Total Dollar Value of Contract: $ ;` Current Year Portion: $ Budgeted?Yes® No❑ Account Codes: 414-40000-530340 Grant: $ County Match: $ .......... ADDITIONAL COSTS Estimated Ongoing Costs: $ n/a /yr. For: Not incWded in dollar value above (e.g.,maintenance, attlities,'anitarial,satanes,�e c. CONTRACT REVIEW Changes Date Out Date In Needed e ' Division Director Yes[:]No❑,. Risk Manag me nte'" YesEl NoET O.M.B./Purchasing," Yes❑No _ County Attorney �,�-� �t...... Yes❑ NqO Comments: RENENVAI AGREEMENT D)ISPOS 1L OF SLUDGMEPTAGE 4-16 7 11 j WM4.m. Mouxor GOL NT*4l TWS RENEWAL AGREE&M14T is eptered into this L71 day of J= 2009, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLOR Dk a political subdivision of the State of Florida, (COUt4t Y) and SWEETwATER ENVTROANEM13TAL, INC- (CONTRACTOR),in order to amnad the original agreement dated May 19,20K as arnended on JVAe 16,2004, 1. in accordance with Section iV of the origins!agreement dated:clay 19,20M,the contract is hereby renewal for one(1)additioua.l five(5)year term. 2. Section I of the agreement,as amended,is hereby amended to read as follows: -1. TERM OF AGIt.EEMEl . This s onwrt&WJ be for a five(5)year period beginning July 1,2000,and anding at 12:00 midnight or1)wie 30.2014." 3. In all otber respects,the original agreement batween the parries dated May 19,2004,as amended on June 16,2004,remains in full for,ec and effect t f IN WITNESS WHEREOF, the parties have hereunto Set their hands and sea], the nay and year first � writ%n above. i (Sew) BOARD OF COUNT'COMMISSIONERS i Attest: DANNY L.KOL14AGE,CLERK OF MONR,OE COUNTY,FLORYDA i By BY Deputy Clerk Mayor/Mayor Pro Tom (SEAT.) SWEETWATER RqVIRONMENTAL,W. A s Y: President A . R �" vtb C+fiR4.J,id1G*17zm1M�Y R5� Z0/Z0 3Jt7d J31dM133MS 96T0-98£-£98 LO:bT 600Z/£0/90 AMENDMENT TO AGREEMENT FOR THE TRANSFER, COLLECTION, STORAGE, TREATMENT,TRANSPORTATION, AND DISPOSAL OF SLUDGE/SEPTAGE GENERATED WITHIN MONROE COUNTY THIS AMENDMENT, entered into this 16th day of June, 2004, by and between the Board of County Commissioners of Monroe County (COUNTY). Florida, and Sweetwater Environmental, Inc. (CONTRACTOR). WHEREAS, the parties entered into an agreement dated May 19, 2004, for the transfer, collection, storage, treatment, transportation, and disposal of sludge/septage generated within Monroe County; and WHEREAS, it has been determined that it is necessary to amend said contract to provide a later commencement date to allow for notice to the current contractor and other transitional issues; NOW THEREFORE IN CONSIDERATION OF the mutual promises contained herein, the parties agree as follows: 1. Paragraph I. TERM OF AGREEMENT. Of the agreement dated May 19, 2004 shall be revised to read: This agreement shall be for a five (5) year period beginning, July 1, 2004 and ending at 12:00 midnight on June 30, 2009. The term of this agreement shall be renewable in ac oordance with Section IV. 2. All other provisions of the agreement dated May 19, 2004, not inconsistent herewith, shall remain in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day d,date first written above in four (4) counterparts, each of which shall, without proof a4soung for the other counterparts, be deemed an original contract. BOARD OF COUNTY COMMISSIONERS Afst 'tNYAL. OLHAGE, CLERK OF MONROE COUNTY, FLORIDA eputy Clerk Ma r/Chairman N (SEAL) SWEETWA R R NM TfiL,FIC. Attest: of v By: By: Srelen MONROE COUNTY ATTORN'", ROVED A T �' r `^ o i ZA NE A.HUJTON ASSISTANT SIN RNEY AGREEMENT FOR THE TRANSFER, COLLECTION,STORAGE,TREATMENT, TRANSPORTATION,AND DISPOSAL OF SLUDGEISEPTAGE GENERATED WITHIN MONROE COUNTY 4 5 THIS CONTRACT, entered into this_ day of , 200 by and 6 Between the Board of County Commissioners of Monroe County (COUNTY). Fkxida, 7 and Sweetwater Environmental, Inc. (CONTRACTOR). 8 9 WHEREAS, COUNTY desires to have all sludge and septage generated within Monroe 10 County removed and disposed of outside the boundaries of the COUNTY; and 11 12 WHEREAS, it has been determined that it is in the best interest of the residents of and 13 visitors to the COUNTY that a contract with a private provider of such services be 14 established, NOW THEREFORE 15 16 IN CONSIDERATION OF the mutual promises contained herein, the parties agree as 17 follows: 18 19 I. TERM OF AGREEMENT: 20 21 This agreement shall be for a five (5)year period beginning, June 1, 2004 and ending at 22 12:00 midnight on May 31, 2009. The term of tds agreement shag be renewable in 23 accordance with Section N. 24 25 11. PAYMENT: 26 27 The COUNTY shall pay the CONTRACTOR on a per month in arrears basis for 28 receiving, transferring, collecting, storing, treating, transporting, and disposing of sludge 29 and septage at the unit price of$0.20 per gallon. The quantity of sludge and stage 3o handled by the CONTRACTOR each month shall be determined via the COUNTY'S 31 weight scale records for the local haulers who have transported sludge or septage into 32 one of the transfer station locations located on COUNTY property. The CONTRACTOR 33 shall provide a monthly invoice on the 1st day of each month to the Department of Solid 34 Waste Management, and payment shall be made on or about the 1 st day of the 35 following month. The CONTRACTOR'S unit price per gallon as set forth herein for the 36 handling, which is inclusive of receiving, transferring, collecting, storing, treating, 37 transporting, and disposing of sludge and septage is based upon an assumed total 38 quantity in the range of 2,000,001 to 3,000,000 gallons of sludge and septage being 39 processed in each Contract year. Therefore, in the event the quantity in a range of more 4o than or less than 2,000,001 to 3,000,000 gallons of sludge and septage is handled by 41 the end of any contract year, an adjustment shall be made in the unit price per gallon for 42 the total quantity, to be consistent with the unit price per gallon as originally bid for that 43 specific quantity range on the BIDDER'S MODIFIED BID PROPOSAL_ FORM. Such 44 adjustment will be made on the CONTRACTOR'S monthly invoice for the twelfth (12'h) 45 month of the respec:tive contract year. In the event that funds are partially reduced or 46 cannot be obtained or continued at a level sufficient to allow for the purchase of the 47 services contemplated, then the contract may be terminated immediately at the option 48 of the COUNTY upon written notice of termination being delivered in person or by mail I 1 to the CONTRACTOR. The COUNTY will not be obligated to pay for any services 2 provided by the CONTRACTOR after the CONTRACTOR has received written notice of 3 immediate termination. 4 5 Compensation for services geed to herein might be adjusted annually in accordance 6 with the percentage change in the Consumer Price Index for all Urban Consumers(CPI- 7 U)for the most recent 12 months available. s 9 lit. SCOPE OF SERVICES: 10 II A. The CONTRACTOR shall provide all necessary licenses and permits, labor 12 and staffing, equipment, and supplies and materials necessary to receive 13 sludge and septage from local sludge and septage haulers at the designated 14 Sri sites, and to Store the sludge and septage until transported Out of 15 the COUNTY. I6 17 B. The CONTRACTOR shall provide all necessary licenses and permits, labor Is and staffing, equipment, and supplies and materials necessary to transport all 19 sludge and septage from local haulers to a Florida Department of 20 Environmental Protection permitted final disposal site outside the COUNTY'S 21 boundaries. 22 23 All transportation activities shall be conducted with property licensed and 24 insured vehicles and shall be in accordance with an applicable requirements 25 or regulations. 26 27 The CONTRACTOR shall have an emergency spill program, approved by the 28 appropriate regulatory agencies, in place prior to initiating any transportation 29 acfiv ties. Documentation of this review shall be available from the 30 CONTRACTOR at the request of the COUNTY. 3I 32 Any agreements with regards to sludge and septage disposal with waste 33 water treatment plants, landowners, or regulatory agencies shall be the 34 exclusive responsibility of the CONTRACTOR. 35 36 All necessary permitting, sampling, monitoring, record keeping, and activities 37 related to sludge and septage disposal shall be the exclusive responsibility of 38 the CONTRACTOR. 39 40 C. The COUNTY will provide the CONTRACTOR access to power, water, and 41 sanitary facilities at each of the COUNTY'S landfill/transfer station site. 42 43 D. The CONTRACTOR shall provide proof that the choice of final disposal site is 44 a Florida Department of Environmental Protection permitted facility. 45 46 E. COMPLIANCE WITH LAW: The CONTRACTOR shall promptly observe, 47 comply with and execute the provision of any and all present and future 48 federal, state, and local taws, rules, regulations, requirements, ordinances, 2 t orders, mandatory guidelines, and mandatory directions, which may 2 pertain or apply to the serves rendered hereunder. 3 4 F. HOURS OF OPERATIONS: At a minimum, the facilities shall be open to the s public from 8:00 a.m. to 4:00 p.m., Eastern Time, Monday through Saturday. 6 7 Hours of operation may be adjusted only upon mutual written consent 9 of the COUNTY and the CONTRACTOR. 9 10 G. The CONTRACTOR shall assume the responsibilities of the sludge I I and septage generator as required by regulatory agencies and shall 12 comply with all regulatory requirements that accompany this 13 designation. 14 15 H. The CONTRACTOR shall, at the end of their contract period, remove 16 all provided materials and equipment from the transfer station sites and 17 shall retain possession of same. All debris in the project area shall be 18 cleaned up and returned to its pre-contract condign. 19 20 IV. RENEWAL: 21 22 The COUNTY shall have the option to renew this agreement after the first five (5) year 23 period, for one (1)additional five (5)year period. The contract amount agreed to herein 24 might be adjusted annually in accordance with the percentage change in the Consumer 25 Price Index (CPI) for all urban consumers (CPI-U) for the most recent 12 months 26 available. 27 28 V. CONTRACTOR'S LICENSE: The CONTRACTOR shall secure, maintain and 29 pay all applicable fees for any permits and licenses necessary to provide services under 3o this agreement. By signature hereon, the CONTRACTOR warrants that it is authorized 31 by law to engage in the performance of the activities herein dam, subject to the 32 term and conditions set forth in these contract documents. Proof of such licenses and 33 approvals shall be submitted to the COUNTY upon request. The CONTRACTOR has, 34 and shall maintain throughout the term of this contract, appropriate licenses and 35 approvals required to conduct its business, and that it will at all times conduct its 36 business activities in a reputable manner. 37 38 V1. INDEPENDENT CONTRACTOR 39 40 At all times and for all purposes, the CONTRACTOR, its agents and employees are 41 strictly considered to be independent contractors in their performance of the work 42 contemplated hereunder. As such, the CONTRACTOR, its agents and employees shalt 43 not be entitled to any of the benefits, rights or privileges of COUNTY employees. The 44 provider shall at all tinges exercise independent, professional judgment and shall 45 assume professional responsibility for the Services to be provided. 46 47 49 3 1 Vil. STAFFING 2 3 Since this contract is a service agreement, staffing is of paramount importance. 4 CONTRACTOR shall provide serves using the following standards, as a minimum 5 requirement: 6 7 A. The CONTRACTOR shall proves at its own expense all necessary personnel a to provide the services under this contract. The personnel shall not be 9 employees of or have any contractual relationship with the COUNTY. 10 1 t B. All personnel engaged in performing services under this contract shall 12 be fully qualified, and, if required,to be authorized or permitted under 13 State and local law to perform such services. 14 15 Vill. HOLD HARMLESS/INSURANCE REQUIREMENTS: 16 17 The CONTRACTOR covenants and agrees to indemnify and told harmless Monroe i 8 County Board of County Commissioners of Monroe County from any and all claims for 19 bodily injury (including death), personal injury, and property damage (including property 20 owned by Monroe County) and any other losses, damages, and a (including 21 attorneys fees)which arise out of, in connection with, or by reason of services provided 22 by the CONTRACTOR or any of its subcontractor(s) in any tier, occasioned by the 23 negligence, errors, or other wrongful act of omission of the CONTRACTOR or its 24 subcontractors in any tier, their employees, or agents. 25 26 The extent of liability is in no way limited to, reduced, or lessened by the insurance 27 requirements contained within this agreement. 28 29 Prior to execution of this agreement, the CONTRACTOR shall furnish the Owner 30 Certificates of Insurance indicating the following coverages or iin excess thereof, and 3 r naming Monroe County Board of County Commissioners as an additional insured on all 32 except Workers Compensation: 33 • Workers Compensation in the amount of statutory limits; 34 . Employers Liability with $1,000,000.00 per person, $1,000,000.00 per occurrence, 35 $1,000,000.00 property damage; 36 • General Liability (Premises operations, blanket contractual, expanded definition of 37 property damage, products, and compered operations, personal injury) with 39 $500,000.00 per Person, $1,000,000.00 per occurrence, $100,000.00 property 39 damage, or$1,000,000.00 combined single limit, 40 • Vehicle Liability with $500,000.00 per Person, $1,000,000.00 per occurrence, 41 $100,000.00 property damage, or$1,000,000.00 combined single limit; 42 • Pollution Liability with $1,000,000.00 per occurrence, $2,000,000.00 aggregate; 43 • Installation Floater in an amount equal to the maximum value of equipment installed; 44 • Transporter with $1,000,W0.00(requiring MCS-90). 45 46 47 48 4 1 IX. NON-DISCRIMINATION: 2 3 The CONTRACTOR shall not discriminate against any person on the basis of race, 4 creed, dolor, national origin, sex or sexual orientation, gender identity or ern, 5 familial status, age, disability, or any other chaff or aspect which is not job 6 related when recruiting, hiring, promoting, terminating or any other area affecting 7 employment under this agreement. At all times, the CONTRACTOR shall comply with s all applicable laws and regulations with regard to employing the most qualified person(s) 9 for positions under this agreement. Additbnafty, the CONTRACTOR shall not to discriminate against any person on the basis of race, creed, color, national origin, sex or i i sexual orientation, gender identity or expression, familial status, age, disability, financial 12 status or any other characteristic or aspect in regard to providing services hereunder. 13 14 X. INSPECTION OF BOOKS AND FACILITIES/AUDIT/ACCOUNTING: 15 16 The CONTRACTOR shall maintain the financial records in accordance with generally 17 accepted accounting principles, and allow the COUNTY to inspect its books and records is and the facilities at any reasonable time. In addition, the CONTRACTOR shall, at its i9 expense, provide the COUNTY with an annual audit prepared by an independent 20 Certified Public Accountant CONTRACTOR shall retain all records pertaining to this 21 agreement for a period of five (5)years after term expires. 22 23 XI. PUBLIC RECORDS 24 25 The CONTRACTOR shall comply with the Public Records laws of the State of Florida, 26 subject to any provisions providing exemption from disclosure. 27 28 XII. BREACH OF TERMS BY CONTRACTOR 29 3o The passing,approval, and/or acceptance by the COUNTY of any defect in the services 31 furnished by the CONTRACTOR, shall not operate as a waiver by the COUNTY of strict 32 compliance with the berms of this Contract, and specifications covering the services. 33 COUNTY may immediately terminate the agreement due to any violations by 34 CONTRACTOR of criminal statutes. Any other CONTRACTOR breach of this 35 agreement shall be governed by the article above on termination for cause. 36 37 The CONTRACTOR agrees that County representatives may visit the facilities 38 periodically to inspect CONTRACTOR'S maintenance of the premises. The 39 CONTRACTOR agrees that County representatives may visit the facilities 4o periodically to conduct random open file evaluations during the CONTRACTOR'S 41 normal business hours. 42 43 Xlli. TERMINATION WITHOUT CAUSE: 44 45 The COUNTY or CONTRACTOR may terminate this agreement without cause by 46 providing the other party with written notice of termination at least one hundred eighty 47 (180)days prior to the date of termination. 48 5 1 2 3 XIV. TERMINATION WITH CAUSE: 4 5 The COUNTY may terminate this agreement for cause if the CONTRACTOR shall 6 default in the performance of any of its obligations under this agreement, and same is 7 not corrected to the satisfaction of the COUNTY within fifteen (15) days after the s COUNTY provides the CONTRACTOR with written notice of said default. 9 to In the event that funds are partially reduced or cannot be obtained or continued at a 11 level sufficient to allow for the purchase of the services contemplated, then the contract 12 may be terminated immediately at the option of the COUNTY upon written notice of 13 termination being delivered in person or by mail to the CONTRACTOR. The COUNTY 14 will not be obligated to pay for any services provided by the CONTRACTOR after the 15 CONTRACTOR has received written notice of immediate termination. 16 17 XV. ASSIGNMENT: is i9 The CONTRACTOR shall not assign or subcontract its obligations under this 20 agreement, except in writing and with the prior written approval of the Board of County 21 Commissioners of Monroe County. This paragraph shag be incorporated by reference 22 into any assignment or subcontract and any assignee or subcontractor shag comply with 23 all of the provisions of this agreement. Unless expressly provided for therein, such 24 approval shag in no manner or event be deeded to impose any additional obligation 25 upon the board. 26 27 XXVI_ COMPLIANCE WITH LAW 28 29 In providing all services/goods pursuant to this agreement, the CONTRACTOR shall 30 abide by all statutes, ordinances, rules and regulations pertain ft to, or regulating the 31 provisions of, such services, including those now in effect and hereinafter adopted. Any 32 violation of said statutes, ordinarmms, rules and regulations shag constitute a material 33 breach of this agreement and shall entitle the Board to terminate this contract 34 immediately upon delivery of written notice of termination to the CONTRACTOR. The 35 CONTRACTOR shag possess proper licenses to perform work in accordance with these 36 specifications throughout the term of this contract. 37 38 XVII. DISCLOSURE AND CONFLICT OF INTEREST 39 40 A. The CONTRACTOR represents that it, its directors, principles and employees, 41 presently have no interest and shag acquire no interest, either direct or indirect, 42 which would conflict in any manner with the performance of services required by 43 this contract, as provided in Sect. 112.311, et. seq., Florida Statutes. 44 45 B. Upon execution of this contract, and thereafter as changes may require, the 46 CONTRACTOR shall notify the COUNTY of any financial interest it may have in 47 any and all programs in Monroe County which the CONTRACTOR sponsors, 48 endorses, recommends, supervises, or requires for counseling, assistance, 6 t evaluation, or treatment. This provision shall apply whether or not such 2 program is required by statute, as a condition of probation, or is provided on a 3 voluntary basis. 4 5 XVIII. FINANCIAL RESPONSIBILITY 6 7 The CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of s payment or surety for any contract, debt, obligation, judgment, lien, or any form of 9 indebtedness. The CONTRACTOR further warrants and represents that it has no to obligation or indebtedness that would impair its ability to fuffill the terms of this contract. 11 12 XIX. NOTICE REQUIREMENT 13 14 Any notice required or permitted under this agreement shall be in writing and hand 15 delivered or mailed, postage prepaid, to the other party by certified mail, return receipt 16 requested, to the following: 17 18 19 FOR COUNTY: 20 21 James R. "Reggie" Paros, Director 22 Monroe County Public Safety Division 23 Marathon Airport 24 9400 Overseas Highway, Suite 200 25 Marathon, FL 33050 26 27 FOR CONTRACTOR: 28 29 James A. Jalovec, President 30 Sweetwater Environmental, Inc. 31 P. O. Box 370170 32 Milwaukee,W153237-1270 33 34 35 XX. TAXES 36 37 The COUNTY is exempt from payment of Florida State Sales and Use taxes. The 38 CONTRACTOR shall not be exempted by virtue of the COUNTY'S exemption from 39 paying sales tax to its suppers for materials used to fuffiti its obligations under this 40 contract, nor is the CONTRACTOR authorized to use the COUNTY'S Tax Exemption 41 Number in securing such materials. The CONTRACTOR shall be responsible for any 42 and all taxes, or payments of withholding, related to services rendered under this 43 agreemenL 44 45 XXI. GOVERNING LAWS 46 47 This Agreement is governed by the laws of the State of Florida. Venue for any litigation 4s arising under this Agreement must be in Monroe County, Florida. In the event of any 7 I litigation, the prevailing party is entitled to attonWs fees and costs. The parties 2 waive their rights to trial by jury. 3 4 XXII. PUBLIC ENTITY CRIME STATEMENT: 5 6 A person or affiliate who has been placed on the convicted vendor list following a 7 conviction for public entity crime may not submit a bid on a contract to provide goods or 8 services to a public entity, may not submit a bid on a contract with a public entity for 9 construction or repair of a public building or public work, may not submit bids on leases 10 of real property to public entity, may not be awarded or perform work as a u CONTRACTOR, supplier, subcontractor, or consultant under a contract with any public 12 entity, and may not transact business with any public entity in excess of the threshold 13 amount provided in Section 287.017, F.S. for CATEGORY TWO for a period of 36 14 months from the date of being placed on the convicted vendor list. 15 16 XXIII. AUTHORIZED SIGNATORY: 17 is The signatory for the CONTRACTOR, below, certifies and warrants that: 19 20 (a) The CONTRACTOR'S name in this agreement is its full name as designated in 21 its corporate charter. 22 23 (b) He or she is empowered to act and contract for CONTRACTOR. 24 25 (c) This agreement has been approved by the CONTRACTOR'S Board of Directors. 26 27 Further, CONTRACTOR shall, upon execution of this agreement, provide proof of 28 incorporation and a list of its Board of Directors. 29 3o XXIV. ENTIRE AGREEMENT: 31 32 This agreement constitutes the entire agreement between the COUNTY and the 33 CONTRACTOR for the services contemplated herein. Any amendments or revisions to 34 this agreement must be in writing and be executed in the same manner as this 35 agreement. 36 37 38 39 40 41 42 43 44 45 46 47 48 8 I IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day 2 and date first written above in four (4) counterparts, each of which shall, without proof or 3 accounting for the other counterparts, be curled an original contract. 4 s _�_ � � >, BOARD OF COUNTY COMMISSIONERS 9 � '. OLHAGE, CLERK OF MONROE COUNTY, FLORIDA 10 I `;,• By- AE 12 4Jeputy Clerk Ma /Chairman 13 14 15 (SEAL) 16 17 CONTRA TO 1s Attest- 19 By: By: 20 WITNESS 21 Tide: Tide: 21 22 23 24 By: 25 WITNESS 26 Title: MONROE-CCUNTY ATTOR Y OVEV AS TO F o -*t c c t F z Y M ANN : N � � ASSISTANT Cp T �mcry j LL r ,,,q Date O > O CF% 9 NON-COLLUSION AFFIDAVIT 1,iA/ 45,4•J,4akl= of the city of/j1lC c64 according to law on my oath.and under penalty,of perjury.depose and say that 1. 1 am °iLA=ul— of the firm the bidder making the Proposal for the project descxted in the Notice for Calling for Bids for NyAl t?31--- GXi4)i y 2. I executed the said proposal with f M authority to do so. 3. The pries in Oft bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competltiOn, as to any matter relating to such prices with any other bidder or with any cornpettior- 4- Unless otherwise required by law, the prices which have been quoted in this bid have not been krKmAngly disclosed by the bidder and willl not knowingly be disclosed by the bidder prior to bid opening,directly or indirectly,to any other bidder or to any competitor. 5. No attempt has been made or will be made b the bidder to induce any other person, pmtnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition. 6. The statements contained in this affidavit are true and Correa and made with fun knowledge that Monroe County reties upon the truth of the statements contained in this affidavit in awarding for said project y-t4-8`- (Siq of Bidde (Date) STATE OF: COUNTY OF: PERSONALLY APPEARED BEFORE ME,the undersigned authority. EiS •STR who. ( kwoWin9 proof of identity, or)6being personally known to me, and having been fist sworn by me, affixed his/her signature in the space provided above on this Of lam/Q. 204 Ii 1/L.bf 1 NOTARY PUBLIC My Commission Expires: �o1L� MONROE COUNTY.FLORIDA ETHICS CLAUSE ( r warrants that befit has not employed.retained or otherwise had act on hislfts behaf any tanner COUNTY officer or employee in vroielion of Section 2 of Ofdkwm a No. 10-1990 or any COUNTY oifioer or employee in vkbfon of Section 3 of Ordinance No. 10-1990. For breach or vio9ation of 8ds Provision the COUNTY LAITY may, in Its discxedon.temhinate this contract wrllaut 5abW and may also.in its dloomon,deduct from the coniraot or purchase price, or otherwise recover. the find amount of any be. vorrirnission. POrcOnt3gs.9K or consideration paid to to k mar COUNTY oMcer or employee. T"nok STATE OF COUNTY OF PERSONALLY APPEARED BEFORE MF. the undombned auflhorlty. 1 41�?GS.�CTi9L d Gam° who,after ffM being swoon►by ma.aM t n lhiefim abnahm(non of indi,r *W 9) In the apace txovided above on this "' 'day of NOTARY PUBLIC My corn"slon expires: OMB—MCP FORM#4011p� � t Pv�`��.ra PAULINE LETO DRtJG FREE V CHWPLACE FCC The undersigned vendor in accordance with Florida Statute 297_087 hereby oer6fies that 5U)6Z--T uJRT-lt2L C1 tJ.red+t.kV6Wr 4, ._Zxt- (Name of Buses) 1_ Pub*shes a statement noWOV empbyees that the unlawful rrrwrut ckm distribution. dkPanahg. Pam% or use of a conlydled substance is prd*Abd it to workpbw and specf'yirg the actions that wii be taken against employees for violations of such promion. 2. Won,rs ernpbyees about the dangers of drug g abuse in the wori*lace.to btwhesa s poiCY of assishuxe Programs. and the p iuposed uponupon empiaya w for drop SbUft violations. 3. Gives each employee engaged in providing the cormrrodkiss or contra services that are under bid a copy of the statement spedeed in subserdion(i)- 4. In the apeoM I in sui eeaffm(t� no ON the arrrplayses that: as s GO M' of wori ft on ttw corrrnodiiss or cankaclust swWoss fist we under bid.the anq ft a wR abide by main. Otto sisderrrsrr1 and wfy nogg on amp§*W of arty ooir kftn at.or piss of guff or ndo corr6wKk re lea any vioiaion of Cd ow M(Florida Sb *w)or of say r,n I a 11 d sr6shincer tart of the Lkftd Slabs or any stale.*w aria 10m occurring In he woricptsoe no bier fisn five M days aflwsuch corrvicitorr. 5. hrrrposes a sancOm am or regrie the satictaclory paftoa6on in a dng abuse assistance or .9habStafta program If such is evaieble it the employeals commurdly,or any errgAoysa aft is so convicted. 6. Makes a good fait elforf to conikwe to mairbit a dng-hee awkplace through Of this aeeiicn As the person ar to sign the statement,t cargy fiat Phis am complies K*with to above requirements- _Z -0 sST" Daid