Item C23BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 20, 2008
Bulk Item: Yes X No
Division: Public Works
Department: Solid Waste M mg t.
Staff Contact Person/Phone No.: Beth Leto/292-4560
AGENDA ITEM WORDING: Approval of Amendment to Agreement with Sweetwater
Environmental Inc. to raise the per gallon unit price paid to them to transfer, collect, store, treat,
transport, and dispose of sludge/septage generated within Monroe County, and approval to raise the
County's sludge disposal rate from 220 to 230.
ITEM BACKGROUND: The contractor has requested a CPI increase in accordance with Section II
of the original agreement dated May 19, 2004, as amended on June 16, 2004. An increase to this
contract requires an increase in the sludge disposal rate charged by the County and paid by the local
licensed specialty haulers at the three transfer stations.
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: Increase the per gallon unit price payment by 5%, the
CPI-U for the un-adjusted 12-months ending in June, 2008, based on quantity range in gallons, as
follows:
GALLONS FROM TO
01—1,000,000 220 per gallon 230 per gallon
1,000,001 — 2,000,000 210 per gallon 220 per gallon
2,000,001 — 3,000,000 200 per gallon 210 per gallon
3,000,001 — 4,000,000 190 per gallon 200 per gallon
4,000,001 — 5,000,000 180 per gallon 190 per gallon
Greater than 5,000,000 170 per gallon 180 per gallon
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: $525,000
BUDGETED: Yes x No
COST TO COUNTY: same SOURCE OF FUNDS: Sludge Disposal Fees
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty. OMB/Purchasing Risk Management
DOCUMENTATION: Included Not Required
DISPOSITION: AGENDA ITEM #
July 31, 2008
Monroe County Solid Waste
Attention, BOCC
1100 Simonton Street
Key West, FI. 33040
Sweetwater Environmental is under the impression when a CPI is in a contract it
was for the increase in cost for that physical previous year, not the Profit and
Loss of a company. The Profit and Loss should be determined by how the
company was managed and if the cost goes up in the previous year the GPI is to
keep uncontrolled cost the same as it was at the signing of contract_
Sweetwater Environmental is in the 5ch year of the contract with Monroe County.
In the past years fuel has almost doubled., tire cost is up 35% and maintenance
to vehicles and upkeep of the transfer stations is up considerable. The GPI that
Monroe County put in the contract will not cover all increases but it will help take
the edge off.
Sweetwater would appreciate the County's assistance in helping to offset the
rising prices since the Contract was signed in 2004.
Si rely,
pence Steadman
VP/General Manager
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Sweetwater Environmental Inc. Contract #
Effective Date: 07/01 /2004
Expiration Date: 6/30/2009
Contract Purpose/Description: Amendment to Agreement to provide CPI-U increase of 5%
effective 7/1/08
Contract Manager: Beth Leto 4560 Public Works - #1
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on August 20, 2008 Agenda Deadline: August 5, 2008
CONTRACT COSTS
Total Dollar Value of Contract: $525,000 Current Year Portion: $150,000
Budgeted? Yes® No ❑ Account Codes: 414-40000-530340
Grant: $
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $ n/a /yr. For:
Not included in dollar value above (e.g., maintenance, utilities, jpinjitorial, salaries, etc.
CONTRACT REVIEW
Division Director
Changes
Date In Needed
YeNo[!,,"Noz
Date Out
910108
Risk Manag ent'
Yes❑ Not/
-
O.M.B./Pur acing
t3 -<-� Yes❑ No[7�
County Attorney
'� /�� Yes❑ No
Comments:
n►�n r__.v r._
AMENDMENT TO AGREEMENT
(TRANSFER, COLLECTION, STORAGE, TREATMENT, TRANSPORTATION, AND
DISPOSAL OF SLUDGE/SEPTAGE GENERATED WITHIN MONROE COUNTY)
THIS AMENDMENT TO AGREEMENT is entered into this 20th day of A_ug_ust, 2008,
between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,
a political subdivision of the State of Florida, (COUNTY) and SWEETWATER ENVIRONMENTAL,
INC. (CONTRACTOR), in order to amend the original agreement dated May 19, 2004, as amended on
June 16, 2004.
WHEREAS, CONTRACTOR has requested a CPI increase in accordance with Section I1 of the
original contract dated May 19, 2004, as amended on June 16, 2004; and
WHEREAS, the contract needs to be amended to incorporate a five percent (5%) CPI-U
increase based on the un-adjusted 12 month period ending in June, 2008, and to revise the unit price
per gallon as determined by the quantity range in gallons;
NOW, THEREFORE, the parties agree as follows:
1. Section It of the original agreement dated May 19, 2004, is amended to read as follows:
"Effective July 1, 2008, the COUNTY shall pay the CONTRACTOR on a per month in
arrears basis for receiving, transferring, collecting, storing, treating, transporting, and
disposing of sludge and septage at the unit price of $0.21 per gallon. The quantity of
sludge and septage handled by the CONTRACTOR each month shall be determined via
the COUNTY' S weight scale records for the local haulers who have transported sludge
or septage into one of the transfer station locations located on COUNTY property. The
CONTRACTOR shall provide a monthly invoice on the 1st day of each month to the
Department of Solid Waste Management, and payment shall he made on or about the 1"
day of the following month. The CONTRACTOR'S unit price per gallon as set forth
herein for the handling, which is inclusive of receiving, transferring, collecting, storing,
treating, transporting, and disposing of sludge and septage, is based upon an assumed
total quantity in the range of 2,000,001 to 3,000,000 gallons of sludge and septage being
processed each contract year. Therefore, in the event the quantity in a range of more
than or less than 2,000,001 to 3,000,000 gallons of sludge and septage is handled by the
end of any contract year, an adjustment shall be made in the unit price per gallon for the
total quantity, to be consistent with the following unit price per gallon:
QUANTITY RANGE IN GALLONS
01-1,000,000
1,000,001— 2,000,000
2,000,001— 3,000,000
3,000,001— 4,000,000
4,000,001— 5,000,000
Greater than 5,000,000
UNIT PRICE PER GALLON
230
220
210
200
190
180
I of 2
Such adjustment will be made on the CONTRACTOR'S monthly invoice for the
twelfth (12'') month of the respective contract year. In the event that funds are partially
reduced or cannot be obtained or continued at a level sufficient to allow for the
purchase of the services contemplated, then the contract may be terminated immediately
at the option of the COUNTY upon written notice of termination being delivered in
person or by mail to the CONTRACTOR. The COUNTY will not be obligated to pay
for any invoice provided by the CONTRACTOR after the CONTRACTOR has
received written notice of immediate termination.
Compensation for service agreed to herein might be adjusted annually in accordance
with the percentage change in the Consumer Price Index for all Urban Consumers (CPI-
U) for the most recent 12 months available."
2. In all other respects, the original agreement between the parties dated May 19, 2004, as
amended on June 16, 2004, remains in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year first
written above.
(Seal) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
By: By:
Deputy Cleric Mayor/Mayor Pro Tem
(SEAL) SWEETWATER ENVIRONMENTAL, INC.
Attest:
By By:
President
2 of 2
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
accordance 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$ ;date first written above in four (4) counterparts, each of which shall, without proof
apao0p� for the other counterparts, be deemed an original contract.
BOARD OF COUNTY COMMISSIONERS
A NNY L. OLHAGE, CLERK OF MONROE COUNTY, FLORIDA
eputy Clerk Ma r/Chairman
(SEAL)
Attest:
By: _
SWE
By.
MOlUROE COUNTY ATTORN",
ROVED A T
ZA NE A. HU.TTON
ASSISTANT SIN RNEY
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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
ioners
6 Between the Board of County Commissof 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 this agreement shall 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 cons tent 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
4z of the COUNTY upon written notice of termination being delivered in person or by mail
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to the CONTRACTOR_ The COUNTY will not be obligated to pay for any services
provided by the CONTRACTOR after the CONTRACTOR has received written notice of
immediate termination.
Compensation for services geed to herein might be adjusted annually in accordance
with the percentage change in the Consumer Price Index for all Urban Consumers (CPI-
U) for the most recent 12 months available.
lit. SCOPE OF SERVICES:
PA
A. The CONTRACTOR shall provide all necessary licenses and permits, labor
and staffing, equipment, and supplies and materials necessary to receive
sludge and septage from local sludge and septage haulers at the designated
collection sites, and to store the sludge and septage until transported out of
the COUNTY.
B. The CONTRACTOR shall provide all necessary licenses and permits, labor
and staffing, equipment, and supplies and materials necessary to transport all
sludge and septage from local haulers to a Florida Department of
Environmental Protection permitted final disposal site outside the COUNTY'S
boundaries.
All transportation activities shall be conducted with property licensed and
insured vehicles and shall be in accordance with all applicable requirements
or regulations.
The CONTRACTOR shall have an emergency spill program, approved by the
appropriate regulatory agencies, in place prior to initiating any transportation
activities. Documentation of this review shall be available from the
CONTRACTOR at the request of the COUNTY.
Any agreements with regards to sludge and septage disposal with waste
water treatment plants, landowners, or regulatory agencies shall be the
exclusive responsibility of the CONTRACTOR.
All necessary permitting, sampling, monitoring, record keeping, and activities
related to sludge and septage disposal shall be the exclusive responsibility of
the CONTRACTOR.
C. The COUNTY will provide the CONTRACTOR access to power, water, and
sanitary facilities at each of the COUNTY'S landfill/transfer station site.
D. The CONTRACTOR shall provide proof that the choice of final disposal site is
a Florida Department of Environmental Protection permitted facility.
E. COMPLIANCE WITH LAW: The CONTRACTOR shall promptly observe,
comply with and execute the provision of any and all present and future
federal, state, and local taws, rules, regulations, requirements, ordinances,
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
5 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 condition.
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 heron, the CONTRACTOR warrants that it is authorized
31 by law to engage in the performance of the activities herein dam, subject to the
32 terms 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
4o At all tides 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 times exercise independent, professional judgment and shall
45 assume professional respOnSibilfty for the services to be provided.
46
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i 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 t 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,
4o • 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
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4
l 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 characteristic 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
8 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 FACILITIESIAUDIT/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 XI1. BREACH OF TERMS BY CONTRACTOR
29
3o The passing, approval, and/or acceptance by the COUNTY of any defect in the services
31 famished by the CONTRACTOR, shall not operate as a waiver by the COUNTY of strict
32 compliance with the terms 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 X111. 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
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
19 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 deemed to impose any additional obligation
25 upon the board.
26
27 XXVI_ COMPLIANCE WITH LAW
28
29 In providing all serviceWgoods 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, ordinances, 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
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evaluation, or treatment. This provision shall apply whether or not such
program is required by statute, as a condition of probation, or is provided on a
voluntary basis.
XVIII. FINANCIAL RESPONSIBILITY
The CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of
payment or surety for any contract, debt, obligation, judgment, lien, or any form of
indebtedness. The CONTRACTOR further warrants and represents that it has no
obligation or indebtedness that would impair its ability to fuffill the terms of this contract.
XIX. NOTICE REQUIREMENT
Any notice required or permitted udder this agreement shall be in writing and hand
delivered or mailed, postage prepaid, to the other party by certified mail, return receipt
requested, to the following:
FOR COUNTY:
James R. "Reggie" Paros, Director
Monroe County Public Safety Division
Marathon Airport
9400 Overseas Highway, Suite 200
Marathon, FL 33050
FOR CONTRACTOR:
James A. Jalovec, President
Sweetwater Environmental, Inc.
P. O. Box 370170
Milwaukee, W153237-1270
fw�f; V1J �
The COUNTY is exempt from payment of Florida State Sales and Use taxes. The
CONTRACTOR shall not be exempted by virtue of the COUNTY'S exemption from
paying sales tax to its suppers for materials used to fuffill its obligations under this
contract, nor is the CONTRACTOR authorized to use the COUNTY'S Tax Exemption
Number in securing such materials. The CONTRACTOR shall be responsible for any
and all taxes, or payments of withholding, related to services rendered under this
agreement.
XXI. GOVERNING LAWS
This Agreement is governed by the laws of the State of Florida. Venue for any litigation
arising under this Agreement must be in Monroe County, Florida. In the event of any
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I litigation, the prevailing party is entitled to attorney's fees and costs. The parties
2 waive their rights to trial by jury.
3
4 XXII. PUBLIC ENTITY CRIME STATEMENT:
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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
to 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.
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16 XXIII. AUTHORIZED SIGNATORY:
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is The signatory for time CONTRACTOR, below, certifies and warrants that:
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20 (a) The CONTRACTOR'S name in this agreement is its full name as designated in
21 its corporate charter.
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23 (b) He or she is empowered to act and contract for CONTRACTOR.
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25 (c) This agreement has been approved by the CONTRACTOR'S Board of Directors.
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27 Further, CONTRACTOR shall, upon execution of this agreement, provide proof of
28 incorporation and a list of its Board of Directors.
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3o XXIV. ENTIRE AGREEMENT:
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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.
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I IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day
2 and date fist written above in four (4) counterparts, each of which shall, without proof or
3 accounting for the other counterparts, be ceded an original contract.
4
BOARD OF COUNTY COMMISSIONERS
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15 (SEAL)
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1s Attest-
19 By:
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21 Tide:
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24 By:
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26 Tile:
9
ILHAGE, CLERK OF MONROE COUNTY, FLORIDA
By: E
Comic Ma/Chairman
WITNESS
MONROE-CCUNTN' ATTOR Y
OVEV AS TO F
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NON -COLLUSION AFFIDAVIT
1, iA/ 45,41 • JKakl= of the city of /j1lC c64 ac *Mhg to
law on my oath. and under penalty, of perjury. depose and say that
1. 1 am °iLA=ul— of the firm of.'5&-a74)i9 the
bidder making the Proposal for the project described in the Notice for Calling for Bids for
NyAl t?31--- GXi4)i y
2. 1 executed the said proposal with full authority to do so.
3. The prices in dais bid have been arrived at independently 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 arty cornpetiior_
4- Unless otherwise required by law, the prices which have been quoted In this bid have not
been knowhm#y disclosed 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 competitor.
5. No attempt has been made or will be made b the bidder to induce any other person,
partnership or corporation to submit, or not to submit, a bid for the purpose of restricting
compelitioln•
6. The statements contained in this affidavit are true and correct, and made with full bxrMedge
that Monroe County reties upon the truth of the statements contained it this affidavit in
awarding con"cts for said project.
CLIVI aim
.'• , A
STATE OF:
COUNTY OF:
PERSONALLY APPEARED BEFORE ME, the undersigned authority, Z"6 S 4.STR
who. ( kwovidin9 proof of identity, or)6being personally known to me, and
having been fist swom by me, affixed his4w sigruatur a in the space provided above on this
Of 20�
NOTARY PUBLIC
My Commission Expires: 1`j
ETHICS CLAUSE
Suj`,ZA '""L- warrants that befit has not ampbyed. retakied or
otherwise had ad on hWft belaff any former COUNTY officw or mVbyes In vwWon of Section
2 of Ordrmmm No. 10-1990 Or MW COUNTY 0MCOr Or SnVioYso in vbkftn of Sod bri 3 of
Ordkvmwe No. I0-1990. For breach or vk9ation of gft provision #0 COUNTY may, in Its
docrodon. Wm*Me this comb' WVK*A &Aft and may also. In Us dWaeft% deduct from the
cw*ad Or Pmdms WK;% or otherwim recomier. the M armant of any be. cmm*skim
Pwcmtmgs. 90. or cmmideralion paid 11D 60 bMW COUNTY GMCW or oMpbyM
T"nak
2-
STATE OF
COUNTY OF.
PEll-SONALLY APPEARED BEFIDRE W the wdwsbned auffwft,
b—o who, sftwffmbelie sworn by me, atibard 1&fims%pgtujre(nsm
of irWk*ksal BkPft) In the IF— Provided above an this "_-'4-doy of
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NOTARY PUBLIC
My Cora sion wq*w.
OMB - MCP FORM #4
PU6
PAULINE
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The w Wmigned vendor in accordance witlh Florida Stele 297.087 hereby certifies that
5U)6Z--T uJRT-lt2L C1 tJre.e+t,iV6Wr 4, ._Zxt-
Rdam ofBuskmm)
1_ Pub6shes a statement noWOV ampbyeees that the unlawfii ffwxw wkM distribution.
disPenahg. Pam% or use of a canhdied substance is prd*Abd in the wot and
specf'ying the actions that wif be taken agak* employees for violations of such prohlbNom
2. h0on, empbyees about the dangers of drug g abtwe in the wortVlaoe. the btwkwss s pofoy of
assistance Programs. and the parwgae imposed uponupon empkja w for drop SbUft
violations.
3. Gives each employee engaged in providing the commodtliss or contra services that are
under bid a copy of the statement spedeed in subserdion (i )-
4. In the apecMa I in sudnseallon (1� notlses fie employees flak as s GO M' of
worift on ttw conrgortifes or coma cWW swWoes that we under bid. the anq ft a w>N abide by
the Mamas Otto sWermsn1 and wA nofry on ampbyer of wW ooiwkftn at. or plea of guft or
nolo con6wKk a lea sent wWkfon of C ow M (Flodda Sb**w) or of cry oahlnu11 u6shinoe
taw of the tried Slabs erany slab, for a viaialbrn occmfrig b the wewlrpteoe no bbr than fte
M days atis. su cb co nwkMon.
5. imposes a sanctlon am or regnie the sed9ftclory parfdpatlon in a dng abuse assistance or
.9habStafta program If such is evaieble in the employee's commurdly, or any empbyse aft
is so convicted.
6. Makes a good fak h eibrf to contlrwe to maintain a drug m w xkplaoa Vwough
morn of this aeeiicn
As the person ar to sigh the stalemerrt, t cargy fiat this Sm con g" A* witlh to above
requirements.
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