03/15/1995 Agreement
AGREEMENT
Between
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY
and
WHEELABRATOR CLEAN WATER SYSTEMS, INC.
for
REMOVAL AND DISPOSAL OF SEPTAGE AND BIOSOLlDS
GENERATED IN MONROE COUNTY
This Agreement is made and entered into this 15TH day of MARCH , 1995 by and between:
the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, a political subdivision of the State
of Florida, its successors and assigns, hereinafter referred to as COUNTY,
AND
WHEELABRATOR CLEAN WATER SYSTEMS, INC., a Maryland Corporation having its place of business
at 180 Admiral Cochrane Drive, Suite #305, Annapolis, Maryland 21401, inclusive of all subcontractors,
hereinafter referred to as CONTRACTOR.
WITNESSETH, in consideration of the mutual terms and conditions, promises, and covenants and
payments hereinafter set forth, COUNTY and CONTRACTOR agree as follows:
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ARTICLE I
1.1 The COUNTY desires to have all septage and wastewater biosolids generated within Monroe
County removed and disposed of outside the boundaries of the County.
1.2 The CONTRACTOR shall receive biosolids and septage from local haulers at the Key Largo, Long
Key, and Cudjoe Key transfer station sites and shall provide the necessary labor, materials, and
equipment to transfer, store, transport, and dispose of same.
1.3 The CONTRACTOR shall provide resources capable of accepting, storing, transferring,
transporting, and disposing of at least 3,500,000 gallons of septage and biosolids per year.
1.4 All activities of the CONTRACTOR and COUNTY, as they relate to this Agreement, shall be in
accordance with all federal and state laws and administrative regulations, local laws or special
acts, and County ordinances, that are in effect, or come into effect, over the life of the Agreement.
2
ARTICLE 2
SCOPE OF SERVICES
After written authorization from the COUNTY to proceed, the CONTRACTOR shall perform the following
services:
2.1 Biosolids and SeDtaae Receivina and Treatment
The CONTRACTOR shall receive biosolids and septage from local biosolids and septage haulers
at the Key Largo, Long Key, and Cudjoe Key transfer stations located at the solid waste transfer
station sites. The CONTRACTOR shall furnish the necessary labor, materials, and equipment to
transfer biosolids and septage from local haulers and to store biosolids and septage at each of
these sites.
The COUNTY will provide the CONTRACTOR 24-hour access to each transfer station site and
shall provide space on the sites for CONTRACTOR activities. It is understood that limited space is
available at the transfer station sites, and the CONTRACTOR must configure the necessary
facilities within the space designated by the COUNTY.
The COUNTY will provide the CONTRACTOR access to power, water, and sanitary facilities at
each landfill site.
The COUNTY will weigh each local hauler truck which enters any of the transfer station sites and
shall convert this information to gallons of liquid or pounds of dewatered septage and biosolids
received. The COUNTY will provide this information to the CONTRACTOR on a weekly basis and
this information shall be the basis of monthly invoices from the CONTRACTOR as detailed in
Article 3.
The CONTRACTOR must provide receiving, storage, and transportation system for septage and
biosolids.
The CONTRACTOR, at their option, may set up separate receiving facilities at each transfer
station site for stabilized biosolids.
The CONTRACTOR shall assume the responsibilities of the biosolids (residuals) generator as
required by regulatory agencies and shall comply with all regulatory requirements that accompany
this designation.
The CONTRACTOR shall maintain a manifest of all biosolids or septage received, and transported
from each transfer station site.
The CONTRACTOR shall receive biosolids or septage from the local haulers during all hours that
the transfer station sites are open for business.
3
Biosolids or septage received by the CONTRACTOR from the COUNTY shall be non-hazardous
and should conform to all regulatory requirements. CONTRACTOR shall have the right to reject
any biosolids or septage which does not conform to State and Federal laws applicable to the land
application of biosolids or septage. Biosolids or septage received by the CONTRACTOR shall be
handled by qualified personnel and shall conform to all regulatory requirements. All monitoring and
recordkeeping associated with the acceptance and disposal of biosolids or septage shall be the
responsibility of the CONTRACTOR.
The COUNTY shall assist the CONTRACTOR in obtaining the necessary agreements between the
CONTRACTOR and the local haulers or wastewater treatment facilities.
The CONTRACTOR shall, at the end of their Contract period, remove all provided materials and
equipment from the transfer station sites and shall retain possession of same. All debris in the
project area shall be cleaned up and returned to its pre-contract condition.
2.2 Transportation of Biosolids and Septaae
The CONTRACTOR shall transport all septage and biosolids collected to a permitted wastewater
treatment facility at location(s) outside the boundaries of Monroe County.
All transportation activities shall be conducted with properly 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.
2.3 Disposal of Biosolids and Septaae
The CONTRACTOR shall dispose of all biosolids and septage at a location(s) outside the
boundaries of Monroe County. The biosolids and septage shall only be disposed in FDEP
permitted facilities.
Any agreements with regards to biosolids and septage disposal, with waste water treatment plants,
landowners, regulatory agencies, shall be the exclusive responsibility of the CONTRACTOR.
All necessary permitting, sampling, monitoring, recordkeeping, and activities related to biosolids
and septage disposal shall be the exclusive responsibility of the CONTRACTOR.
4
ARTICLE 3
COMPENSATION
3.1 General
The COUNTY will pay the CONTRACTOR for the services as detailed in each of the
CONTRACTOR's monthly invoices, and in accordance with the unit price as provided below. The
invoice format shall be approved by the COUNTY.
The CONTRACTOR fully acknowledges and agrees that if at any time it performs services not
contemplated by the parties, such services which have not been fully negotiated, reduced to
writing, and formally executed by both parties, then the CONTRACTOR shall perform such service
without liability to the COUNTY, and at the CONTRACTOR's own risk.
The COUNTY shall make its best efforts to pay the CONTRACTOR within thirty (30) days of
receipt of CONTRACTOR's invoice.
3.2 Biosolids and Seotaae (Liauid)
The CONTRACTOR shall be compensated on a monthly basis for receiving, storing, transporting,
and disposing of biosolids and septage at the unit price of $0.1035 per gallon at the Cudjoe Key
transfer site, the Long Key transfer site, and the Key Largo transfer site. The quantity of biosolids
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 biosolids or septage into one of
the transfer stations located on County property.
3.3 Biosolids fDewatered)
In the event services for dewatered biosolids are necessary, the CONTRACTOR shall be
compensated on a monthly basis for receiving, storing, and disposing of dewatered biosolids. The
unit price shall be $0.0124 per pound based on 8.38 pounds per gallon. The quantity of dewatered
biosolids handled by the CONTRACTOR each month shall be determined via the COUNTY's
weight scale records for the local haulers who have transported dewatered biosolids into one of
the transfer stations located on County property.
3.4 Related services requested by the COUNTY and agreed to by the CONTRACTOR, which are not
in the scope of service described herein, shall be reimbursed on a negotiated price acceptable to
both parties. If possible, the additional services requested shall be documented and negotiated
prior to commencing services. The provisions of this Agreement shall constitute the entire
agreement between the parties. This Agreement may not be modified except by a written
agreement signed by both parties.
5
3.5 Compensation for services agreed to herein shall be adjusted annually in accordance with the
percentage change in the Consumer Price Index for Urban Wage Earners and Clerical Workers
(CPI-W) in the Miami - Ft Lauderdale Florida area, and shall be based on the annual average
CPI-W computation from January 1 through December 31 of the previous year. The COUNTY shall
calculate the adjustment and submit it to the CONTRACTOR for review as soon as possible
following publication of the Index. Annual adjustments to contract rates shall be increased or
decreased based on the CPI-W. The annual adjustment shall be made on the anniversary date
each year of contract execution.
3.6 The CONTRACTOR is presenijy disposing of the liquid biosolids at the Miami/Dade SouthWest
Regional Waste Water Treatment Plant and the Broward County Regional WWTF. If the treatment
facility or other government-run treatment plants or disposal sites, should increase the cost of
disposal of liquid biosolids, and the CONTRACTOR subsequenijy experiences overall cost
increases, the COUNTY will increase compensation in like amount. The rate adjustment shall
become effective at the same time as the rate adjustment by the treatment plant or disposal site.
3.7 It is estimated that 5,000,000 (five million) gallons of biosolids and septage will be delivered to the
transfer station sites during the first year of this Agreement. If the amount of biosolids and septage
handled falls below 4,500,000 (four million five hundred thousand) gallons in the first year or any
year thereafter, the COUNTY and the CONTRACTOR agree to negotiate an adjustment in the unit
price or adjust the scope of the CONTRACTOR's services.
If a mutually agreeable adjustment cannot be reached, the CONTRACTOR or COUNTY reserves
the right to cancel this Agreement within 90 (ninety) days advance notice, with no further obligation
thereafter to either party.
6
ARTICLE 4
INDEMNIFICATION AND INSURANCE
4.1 a Indemnification
The CONTRACTOR shall indemnify and shall hold harmless the COUNTY, its employees and
agents (each of the foregoing being hereinafter referred to individually as "Indemnified Party")
against all liability to third parties (including reasonable attorneys' fees), other than liability solely
the fault of the Indemnified Party, proximately caused by (1) the CONTRACTOR's failure to comply
with any term of this Agreement or with any federal, state, and local laws and regulations; or (2) the
fault or gross negligence of the CONTRACTOR's employees or agents.
4.1 b The CONTRACTOR covenants and agrees to indemnify and hold harmless the COUNTY from any
and all claims for bodily injury (including death), personal injury, and property damage (including
property owned by Monroe County) and any other losses, damages, and expenses (including
attorneys' fees) which arise out of, in connection with, or by reason of services provided by the
CONTRACTOR or any of its Sub-Contractor(s) in any tier, occasioned by the negligence, errors, or
other wrongful act or omission of the CONTRACTOR or its Sub-Contractors in any tier, their
employees, or agents.
In the event the completion of the project (to include work of others) is delayed or suspended as a
result of the CONTRACTOR's failure to purchase or maintain the required insurance, the
CONTRACTOR shall indemnify the COUNTY from any and all increased expenses resulting from
such delay.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this Agreement.
4.1c The COUNTY shall indemnify and shall hold harmless the CONTRACTOR and its employees and
agents (each of the foregoing being hereinafter referred to individually as "Indemnified Party")
against all liability to third parties (including reasonable attorney's fees), other than liability solely
the fault of the Indemnified Party, proximately caused by (1) the COUNTY's failure to comply with
any federal, state, and local laws and regulations; or (2) the fault or gross negligence of the
COUNTY's employees or agents, under the terms and provisions of F.S. 768.28.
4.2a Insurance Reauirements - General Liabilitv
As a pre-requisite of the work governed, or the goods supplied under this Contract (including the
pre-staging of personnel and material), the CONTRACTOR shall obtain, at his/her own expense,
insurance as specified in any attached schedules, which are made part of this Contract. The
CONTRACTOR will ensure that the insurance obtained will extend protection to all Sub-
Contractors engaged by the CONTRACTOR. As an alternative, the CONTRACTOR may require
all Sub-Contractors to obtain insurance consistent with the attached schedules.
7
The CONTRACTOR will not be permitted to commence work governed by this Contract (including
pre-staging of personnel and material) until satisfactory evidence of the required insurance has
been furnished to the COUNTY as specified below. Delays in the commencement of work,
resulting from the failure of the CONTRACTOR to provide satisfactory evidence of the required
insurance, shall not extend deadlines specified in this Contract and any penalties and failure to
perform assessments shall be imposed as if the work commenced on the specified date and time,
except for the CONTRACTOR's failure to provide satisfactory evidence.
The CONTRACTOR shall maintain the required insurance through the entire term of this Contract
and any extensions specified in the attached schedules. Failure to comply with this provision may
result in the immediate suspension of all work until the required insurance has been reinstated or
replaced. Delays in the completion of work resulting from the failure of the CONTRACTOR to
maintain the required insurance shall not extend deadlines specified in this Contract and any
penalties and failure to perform assessments shall be imposed as if the work had not been
suspended, except for the CONTRACTOR's failure to maintain required insurance.
The CONTRACTOR shall provide to the COUNTY, as satisfactory evidence of the required
insurance, either:
. Certificate of Insurance
or
. A Certified copy of the actual insurance policy
The COUNTY, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this Contract.
All insurance policies must specify that they are not subject to cancellation, non-renewal, material
change, or reduction in coverages unless a minimum of thirty (30) days prior notification is given to
the COUNTY by the insurer.
The acceptance and/or approval of the CONTRACTOR's insurance shall not be construed as
relieving the CONTRACTOR from any liability or obligation assumed under this Contract or
imposed by law.
The Monroe County Board of County Commissioners, its employees and officials will be included
as "Additional Insured" on all policies, except for Worker's Compensation.
Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared form enti~ed "Request for Waiver of Insurance Requirements" and approved by
Monroe County Risk Management.
8
4.2b An Occurrence Form Policy is preferred. If coverage is provided on a Claims Made Policy, its
provisions should include coverage for claims filed on or after the effective date of this Contract. In
addition, the period for which claims may be reported should extend for a minimum of twelve (12)
months following the acceptance of work by the COUNTY.
4.2b.1 The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
4.2c Prior to the commencement of work governed by this Contract the CONTRACTOR shall obtain
general liability insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum:
. Premises Operations
. Products and Completed Operations
. Blanket Contractual Liability
. Personal Injury Liability
. Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$ 1,000,000 Combined Single Limit (CLS)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$ 1,000,000 per Occurrence
$ 100,000 Property Damage
4.2d Insurance Reauirements - Vehicle Liability
Recognizing that the work governed by this Contract requires the use of vehicles, the
CONTRACTOR, prior to the commencement of work, shall obtain Vehicle Liability Insurance.
Coverage shall be maintained throughout the life of the Contract and include, as a minimum,
liability coverage for:
· Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$ 1,000,000 Combined Single Limit (CSL)
9
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$ 1,000,000 per Occurrence
$ 100,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
4.2e Insurance Reauirements - Workers' Compensation
Prior to the commencement of work governed by this Contract the CONTRACTOR shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes.
In addition, the CONTRACTOR shall obtain Employers' Liability Insurance with limits of not less
than:
$ 1,000,000 Bodily Injury by Accident
$ 1,000,000 Bodily Injury by Disease, policy limits
$ 1,000,000 Bodily Injury by Disease, each employee
4.2e.1 Coverage shall be maintained throughout the entire term of the Contract.
4.2e.2 Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida and the company or companies must maintain a minimum rating of A-VI, as
assigned by the AM. Best Company.
4.2e.3 If the CONTRACTOR has been approved by Florida's Department of Labor, as an authorized self-
insurer, the COUNTY shall recognize and honor the CONTRACTOR's status. The CONTRACTOR
may be required to submit a Letter of Authorization issued by the Department of Labor and a
Certificate of Insurance, providing details on the Contractor's Excess Insurance Program.
4.2e.4 If the CONTRACTOR participates in a self-insurance fund, a Certificate of Insurance will be
required. In addition, the CONTRACTOR may be required to submit updated financial statements
from the fund upon request from the COUNTY.
4.2f Insurance Reauirements - Pollution Liability
Recognizing that the work governed by this contract involves the storage, treatment, processing,
or transporting of potentially polluting material, the Contractor shall purchase and maintain,
throughout the life of the contract, Pollution Liability Insurance which will respond to bodily injury,
property damage, and environmental damage caused by a discharge of wastes which are
governed by this contract. The policy must specifically identify this contract and specify that
coverage will extend to all losses, claiming pollution or environmental impairment, arising out of the
services governed by this contract.
10
The minimum limits of liability shall be:
$ 1,000,000 per Occurrence
4.2.1.1 If coverage is provided on a claims made basis, an extended claims reporting period of one (1)
year will be required.
4.2.1.2 The Monroe County Board of County Commissioners shall be named as an Additional Insured.
4.3 All requests for waiver of insurance requirements must be submitted on a Monroe County form
"Request for Waiver of Insurance Requirements."
4.4 Notwithstanding anything contained in this Agreement to the contrary, CONTRACTOR's liability to
COUNTY should not exceed the levels of insurance coverage stated in section 4.2.
11
ARTICLE 5
MISCELLANEOUS PROVISIONS
5.1 Force Maieure
In the event that either party is unable to perform any of its obligations under this Agreement or to
enjoy any of its benefits because of any event (hereinafter referred to as a "Force Majeure Evenf')
which is unavoidable and beyond the control of the defaulting party, including, but not restricted to,
a labor stoppage, strike action or unrest, a judicial or governmental decree, regulation, or other
direction not the fault of the party who has been affected, change in law or interpretation of law, the
threat or initiation of any legal action, communication line failure, power failure, and any natural
disaster or Act of God, the party who has been so affected shall immediately give notice to the
other party and shall do everything possible to resume performance. Upon receipt of such notice,
this Agreement shall be immediately suspended. If the period of non-performance exceeds fifteen
(15) days from the receipt of notice for the Force Majeure Event, either party may, by giving written
notice, terminate this Agreement However, a change in law or interpretation of law that increases
the Contractor's cost, but does not prohibit performance, is not a Force Majeure event that
excuses performance.
5.2 Termination for Convenience
The COUNTY may terminate this Agreement for convenience with ninety (90) days written notice
to the CONTRACTOR. If so terminated, the County will remit all payments due for services
provided through the termination date, and reimburse the CONTRACTOR for all documented,
unabsorbed fixed costs, unavoidable variable costs, and overhead as well as reasonable profits
lost for the term of this Agreement as a result of such termination for convenience.
5.3 No Continaent Fees
The CONTRACTOR warrants that helit has not employed, retained, or otherwise had act on hislits
behalf any former COUNTY officer or employee subject to the prohibition of Section 2 or 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 other recover, the full amount of any fee, commission, percentage, gift, or consideration paid to
the former COUNTY officer or employee.
5.4 Assianabilitv
All of the terms, obligations, and conditions herein contained and set forth shall be available to and
binding on the successors and assigns of the respective parties hereto; however, the
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 the COUNTY.
12
5.5 Costs and Attorneys' Fees
This Agreement shall be governed by the laws of the State of Florida. In the event of any litigation
arising out of this Agreement the prevailing party shall be enti~ed to reasonable attorneys' fees
and costs. Venue for any litigation arising out of this Agreement must be in Monroe County,
Florida. Neither party shall be liable to the other for indirect or consequential damages.
5.6 All Prior Aareements Superseded
No modification, amendment, or alteration in the terms or conditions contained herein shall be
effective unless contained in a written document executed with the same formality and of equal
dignity herewith. In the event any provision of this Agreement shall be held invalid and
unenforceable, the remaining provisions shall be valid and binding upon the parties. One or more
waivers by either party of any breach of any provision, term, condition, or covenant shall not be
construed by the other party as a waiver of a subsequent breach of the sum by the other party.
5.7 Truth-in-Neaotiation Certificate
The CONTRACTOR shall provide to the COUNTY a Truth-in-Negotiation Certificate, as required
by 5(a), FS 287.055.
5.8 Chanaes in Scope of Work
Should the COUNTY or the CONTRACTOR at any time during the progress of the work, request
any alterations in, deviations from, additions to, or omissions from the Scope of Services to be
provided under this Agreement, either of them shall be at liberty to do so, and the same shall in no
way affect or make void this Agreement. The changes and amount of compensation must be
agreed upon in writing in a document of equal dignity herewith prior to any deviation from the terms
of this Agreement. All such changes, when properly executed, shall become an amendment to this
Agreement.
5.9 Compliance with Law
The CONTRACTOR and the COUNTY, as well as their employees and subcontractors shall
promp~y observe, comply with, and execute the provision of any and all present and future federal,
state, and local laws, rules, regulations, requirements, ordinances, orders, mandatory guidelines,
and mandatory directions, which may pertain or apply to the services that may be rendered hereto.
5.10 Licenses
The CONTRACTOR shall, during the life of this Agreement, procure and keep in full force, effect,
and good standing all necessary licenses, registrations, certificates, permits, and other
authorizations as are required by local, state, or federal law, in order for the CONTRACTOR to
render its services or work as described herein.
13
5.11 Waiver of Claim
The CONTRACTOR and the COUNTY hereby mutually waive any claim against each other, their
elected or appointed officials, agents, and employees, for any loss of anticipated profits caused by
any suit or proceedings brought by any third party directly or indirectly attacking the validity of this
Agreement or any part thereof, or by any judgment or award in any suit or proceeding declaring
this Agreement null, void, or voidable, or delaying the same, or any part thereof, from being carried
out
5.12 Intearated Aareement
This Agreement, including exhibits hereto, comprises the entire Agreement between the
CONTRACTOR and the COUNTY, and there are no agreements, understandings, promises, or
conditions, oral or written, expressed 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.
14
ARTICLE 6
DURATION OF CONTRACT
6.1 ODeratina Term:
Unless sooner terminated in accordance with the terms herein, this Agreement shall commence on
complete execution ofthis contract by both parties and continue for a period of four (4) years. This
Agreement may be renewed for up to two (2) additional periods, four (4) years each on the terms
and conditions set forth herein, unless either party shall give notice of non-renewal to the other no
sooner than 180 days and no later than 90 days prior to the end of the initial term of any renewal
term.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective
dates under such signature: MONROE COUNTY through its Board of County Commissioners, signing by
and through its Chairman, authorized to execute same by Board action on the I '5#1 day of
1\'\ ~cl\. . 1995 and WHEELABRATOR CLEAN WATER SYSTEMS, INC., signing by and
through SeDtember 30. 2006 duly authorized to execute same.
WHEELABRATOR CLEAN WATER SYSTEMS, MONROE COUNTY, through its
INC. BOAR COUNTY COMMISSIONERS
By: ~ v: t?
David Vorel, V. Pres. & Controller
Date: March 10, 1995
0.:3-/:)"- 'IS-
Michael Pace
ATTEST:DANNY L. KOLHAGE, Clerk
~C.~
Clerk of the Circuit Court and Ex-officio
Clerk to the Board of County Commissioners
Approved as to Form and Legal Sufficiency
~~'
By: '-- -;:?: "'---
Dale: "3'"Z ? - ' / 5'
15
TRUTH-IN-NEGOTIATION CERTIFICATE
Wheelabrator Clean Water Systems, Inc. (CONTRACTOR) hereby certifies that all wage rates, and any
and all other unit prices supporting the compensation to be paid to the CONTRACTOR pursuant to the
work and services as set forth herein, are accurate, complete, and current at the date of the Contracfs
execution.
WITNESS
~k2~
By: ~ /1;(
David Vorel
STAT[ or FLORID,'\
COUNT{ or ORAtJC[
State of Maryland
Anne Arundel County
PERSONALLY appeared before me, the undersigned authority, David Vorel
to me known to be the person described in and who executed the foregoing instrument and who
acknowledged before me that he executed the same for the uses and purposes therein expressed.
WITNESS, my hand and official seal in the County and State last aforesaid, this 10th day of
March , 1995.
~/J~
Notary Public Constance A. Reynolds
My Commission Expires: August 1, 1995
C:\FILES\CONTRACT\WHEELAGR,DOC
03103/95 2:19 PM
16
NON-COLLUSION AFFIDAVIT
I,
DavidVorel, Vice President & Controller
, of the city
of Wheelabrator Clean Water Systems In'lrccording to law on my oath, and
under penalty of perjury, depose and say that;
1) I am David Vorel , the bidder
making the Proposal for the project described as follows:
2) the prices in this bid have beert 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 any competitor:
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, to 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 competition;
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.
~V:f
{Signature of Bidder)
David Vorel
STA.TE OF Maryland
March 14, 1995
DATE
COUNTY OF Anne Arundel
PERSONA.LLY APPEARED BEFORE ME, the undersigned authority,
David Vorel
(name of individual signing)
affixed hig/her signature in the space provided above on this
who, after first being sworn by me,
14th
day of
March
, 1995
My cormnission expires: 8/1/95
.~ .{;.~.
NOTARY PUBLI C
Constance A. Reynolds
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a),
FLORIDA STATUTES. ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN TilE PRESENCE OF A NOTARY PUBUC OR
OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.\ This sworn statement is submittal
to County of Monroe
[print name of the public entity)
by David Vorel, Vice President and Controller
(print individual's name and title]
fur Wheelabrator Clean Water Systems Inc.
. [print name of entity submitting sworn statement]
whose business address is
180 Admiral Cochrane Drive
Annapolis, MD 21401
and (if applicable) its Federal Employer Identification Number (FEIN) is
52-1130492
(If the entity has no FEIN, include the Social Security Number of the individual signing this sworn
statement:
.)
I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes. .eans a
violation of any state or federal law by a person with respect to and directly related to the transacti..r business
with any public entity or with an agcncy or political subdivision of any other state or ofthe United States,induding,
but not limited to, any bid or contract for goods or scrvices to he provided to any public entity or _ agency or
political subdivision of any other state or of thc Unitcci'Statcs and involving antitrust, fraud, theft, bribery,
collusion, racketcering, conspiracy, or material misrepresentation.
I understand that "co.,victed" or "conviction" as defined in Paragraph 287.133(1)(b), llidda Statll.ta, means a
finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in ..,. federal or
state trial court of record relating to charges brought by indictment or information after July 1, 1919. as a result
of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo ccmtendere.
I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means:
1. A predecessor or Successor of a person convicted of a public entity crime; or
2. An entity under the control of any natural perslln who is active in the management of the entity .... who has
been convicted of a public entity crime. The term "aifiliate" includes those officers, directors, executiws,partners,
shareholders, employees, members, and agents wi". arc active in the management of an affiliate. Thcowncrship
by one person of shares constituting a controlling interest in another person, or pooling of equipmCIII or income
among persons whcn not for fair,...markct valuc under an armIs length agreement, shall be a prima fHic! Use that
one person controls another person. A person who knowingly enters into a joint venture with a pe...n who has
been con\'icted of a public entity crime in Florida during the preceding 36 monlhs shall he considered an affiliate.
I understand that a "person" as defined in Paragraph 287.133( I )(e), Florida Statutes, means any nat.nl person
or entity organizcd under the laws of any state or of the United States with the legal power to enter iat. a binding
contnct and which hids or applies to hid on contracts for the provision of goods or services let by. ......ic entity,
or which otherwise transacts or applies to transact business with a puhlic entity. The term "person" i"'dcs those
officers, .directors, executh'es, partners, shareholders, employees, memhers, and agents wh. .. active in
management of an entity.I.2.3.4.S.
Based on information and belief, the statement which I have marked below is true in relation to the entity
subnlitting this sworn statement. (Indicate which statement applies.)
~ Neither the entity submitting this sworn statement, nor any of its officen, directors, executives,
partners, shareholders, employee5, members, or agents who"ar.e active in the management orthe entity, nor
any affiliate of the entity has heen charged with and convicted of a public entity crime subsequent to July
I, 1989.
_ The entity suhmitting this sworn statement, nor any of its officers, directors, executives, partners,
shareholders, employees, members, or agents who arc active in the management ofthe entity, nor an affiliate
of the entity has been charged with and convil:ted of a puhlic entity crime subsequent to July 1, 1989.
_ TI~e entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who arc active in the management of the entity, or
an affiliate of the entity has been charged with and convicted of a public entity crime suhsequent to July I,
1989. Howe\'er, there has been a subsequent proceeding before a Hearing Officer of the State of Florida,
Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that
it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor
list. (Attach a copy of the final order)
6. I UNDERSTAND TIIA T TilE SUBMISSION OF TillS FORM TO THE CONTRACfING OFFICER
FOR THE PUBLIC ENTITY IDENTIFIED ON PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC
ENTITY ONLY AND, TIIATTIIISFORM ISVALIDTJIROUGH DECEMBER3J OFTJlECALENDAR
YEAR IN WIJICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM TilE
PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRA(.T IN EXCESS OF TilE THRESHOLD
AMOUNT PROVIDED INSECfION 287.017, FLORIDASTATlJTES FOR CATEGORY TWO OF ANY
CHANGE IN THE INFORMATION CONTAINED IN TIllS FORM.
.' ~ tI/(.
(signature)
David Vorel
Sworn to and sub~cribcd before me this 14th day of
March
,19 95
OR Produced identification
/B)1-d~ {;? ~~
Maryland
Notary Public - State of
My Commission expires 8/1/95
Anne Arundel Co.
Constance A. Reynolds
(Printed typed or stamped
commissioned name of notary public)
Personally known yes
n)pc uf identification)
Form PUR 7068 (Rev. 06/11/92)
SWORN STATEMENT UNDER ORDINANCE ttO. 10-1990
MONROE COUNl~r FLORIDA
ETHICS CLAUSE
Wheelabrator Clean Water Systems Inc.
WArrants that he/it h~s not employed,
retained or otherwise had act on his/its behalf any form~r County offlc~r
or employee in violation of Section 2 of Ordinance No. 10-1990 or any
County officer or empioyee in violation of Section 3 of Ordinance No.
10-1990. For breach or violation of this provision the County may, in
its discretion, terminate tllis contract without liability and may also,
in its discretion, deduct from the contract or purchase pric~, or
otherwise recover, the full amount of any fee, commission, percentage,
gift, or consideration paid to the former County officer or employee.
David Vorel
Date: 3/14/95
~ t/rf,
(signature)
STATE OF Maryland
-:. .. .~-
COUNTY OF Anne Arundel
Subscribed and sworn to (or affirmed) before
me on
March 14, 1995
(date) by
David Vorel
(name of affiant).
He/She is personally known tO~me or has produced
as identification.
(type o~ identifi9ation)
~yno€ ~
nOTARY PUBLIC
My Commission Expires 8/1/95
MCPt4 REV. 2/92
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute
287.087 hereby certifies that:
Wheelabrator Clean Water Systems Inc.
(Name of Business)
1. Publish a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or use of a
controlled substance is prohibi ted in the wor){place and
specifying the actions that will be taken against employees for
violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the
workplace, the business's policy of maintaining a drug-free
workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be
imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or
contractual services that are under bid a copy of the statement
specified in subsection (1).
4. In the statement specified in subsection (1), notify the
employees that, as a condition of working on the commodities or
contractual services that are under bid, the employee will abide
by the terms of the statement and will notify the employer of
any conviction of, or plea of guilty or nolo contendere to, any
violation of Chapter 893 (Florida Statlltes) or of any controlled
substance law of the United States or any state, for a violation
occuring in the workplace no later tllan five (5) days after such
conviction.
S. Impose a sanction on, or require the satisfactory
participation in a drug abuse assistance or rehabilitation
program if such is available in the employee's community, or any
employee who is so convicted.
6. Malte a good fai th effort to conti nue to maintain a
drug-free workplace through implementation of this section.
As the person authorized to sign the statement, I certify that
this firm complies fully with the above requirements.
~ Vrf?
Bidders S1 gnature David Vorel
~1'.<Ir('h 14 _ 199')
Date
MCP#5 REV. 6/91