05/19/2004 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
July 21, 2004
TO:
Carol Cobb, Executive Assistant
Solid Waste Management Division
Pamela G. Hanco~
Deputy Clerk 0
FROM:
At the May 19, 2004, Board of County Commissioner's (BOCC) meeting the Board
granted approval to award bid and authorized execution of an Agreement for the Transfer,
Collection, Storage, Treatment, Transportation, and Disposal of Sludge/Septage Generated in
Monroe County with Sweetwater Environmental, Inc. Enclosed is a duplicate original for your
handling.
At the June 16, 2004, BOCC meeting the Board granted approval and authorized
execution of an Amendment to Agreement for the Transfer, Collection, Storage, Treatment,
Transportation, and Disposal of Sludge/Septage Generated within Monroe County between
Sweetwater Environmental, Inc. and Monroe County to amend the effective date of the
Agreement to July 1, 2004. Enclosed is a duplicate original for your handling.
At the July 14, 2004, BOCC meeting the Board adopted the following Resolutions:
Resolution No. 228-2004 establishing the tentative per month solid waste collection, disposal, and
recycling service rates for commercial property in the various solid waste collection franchise
areas; and Resolution No. 262-2004 adopting the tentative residential solid waste collection,
disposal and recycling rates for the Fiscal Year 2004 - 2005. Enclosed is a certified copy of each
of the Resolutions.
Should you have any questions please do not hesitate to contact this office.
cc: County Administrator w/o documents
Public Safety w/o documents
County Attorney
Finance
File v
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AGREEMENT FOR THE TRANSFER, COLLECTION, STORAGE, TREATMENT,
TRANSPORTATION, AND DISPOSAL OF SLUDGE/SEPTAGE GENERATED
WITHIN MONROE COUNTY
THIS CONTRACT, entered into this /9d day of ~h.J ,200~ by and
Between the Board of County Commissioners of Monroe County (COUNTY). Florida,
and Sweetwater Environmental, Inc. (CONTRACTOR).
WHEREAS, COUNTY desires to have all sludge and septage generated within Monroe
County removed and disposed of outside the boundaries of the COUNTY; and
WHEREAS, it has been determined that it is in the best interest of the residents of and
visitors to the COUNTY that a contract with a private provider of such services be
established, NOW THEREFORE
IN CONSIDERATION OF the mutual promises contained herein, the parties agree as
follows:
I. TERM OF AGREEMENT:
This agreement shall be for a five (5) year period beginning, June 1, 2004 and ending at
12:00 midnight on May 31, 2009. The term of this agreement shall be renewable in
accordance with Section IV.
II. PAYMENT:
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 $0.20 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 1 st day of each month to the Department of Solid
Waste Management, and payment shall be made on or about the 1 st 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 in 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 unit price per gallon as originally bid for that
specific quantity range on the BIDDER'S MODIFIED BID PROPOSAL FORM. Such
adjustment will be made on the CONTRACTOR'S monthly invoice for the twelfth (1th)
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
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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 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.
III. SCOPE OF SERVICES:
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 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.
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 landfillltransfer 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 laws, rules, regulations, requirements, ordinances,
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orders, mandatory guidelines, and mandatory directions, which may
pertain or apply to the services rendered hereunder.
F. HOURS OF OPERATIONS: At a minimum, the facilities shall be open to the
public from 8:00 a.m. to 4:00 p.m., Eastern Time, Monday through Saturday.
Hours of operation may be adjusted only upon mutual written consent
of the COUNTY and the CONTRACTOR.
G. The CONTRACTOR shall assume the responsibilities of the sludge
and septage generator as required by regulatory agencies and shall
comply with all regulatory requirements that accompany this
designation.
H. 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.
IV. RENEWAL:
The COUNTY shall have the option to renew this agreement after the first five (5) year
period, for one (1) additional five (5) year period. The contract amount agreed to herein
might be adjusted annually in accordance with the percentage change in the Consumer
Price Index (CPI) for all urban consumers (CPI-U) for the most recent 12 months
available.
V. CONTRACTOR'S LICENSE: The CONTRACTOR shall secure, maintain and
pay all applicable fees for any permits and licenses necessary to provide services under
this agreement. By signature hereon, the CONTRACTOR warrants that it is authorized
by law to engage in the performance of the activities herein described, subject to the
terms and conditions set forth in these contract documents. Proof of such licenses and
approvals shall be submitted to the COUNTY upon request. The CONTRACTOR has,
and shall maintain throughout the term of this contract, appropriate licenses and
approvals required to conduct its business, and that it will at all times conduct its
business activities in a reputable manner.
VI. INDEPENDENT CONTRACTOR
At all times and for all purposes, the CONTRACTOR, its agents and employees are
strictly considered to be independent contractors in their performance of the work
contemplated hereunder. As such, the CONTRACTOR, its agents and employees shall
not be entitled to any of the benefits, rights or privileges of COUNTY employees. The
provider shall at all times exercise independent, professional judgment and shall
assume professional responsibility for the services to be provided.
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1 VII. STAFFING
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3 Since this contract is a service agreement, staffing is of paramount importance.
4 CONTRACTOR shall provide services using the following standards, as a minimum
5 requirement:
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7 A. The CONTRACTOR shall provide at its own expense all necessary personnel
8 to provide the services under this contract. The personnel shall not be
9 employees of or have any contractual relationship with the COUNTY.
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11 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.
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15 VIII. HOLD HARMLESS/INSURANCE REQUIREMENTS:
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17 The CONTRACTOR covenants and agrees to indemnify and hold harmless Monroe
18 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 expenses (including
21 attorney's 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.
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26 The extent of liability is in no way limited to, reduced, or lessened by the insurance
27 requirements contained within this agreement.
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29 Prior to execution of this agreement, the CONTRACTOR shall furnish the Owner
30 Certificates of Insurance indicating the following coverages or in excess thereof, and
31 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 completed operations, personal injury) with
38 $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 $1,000,000.00 (requiring MCS-90).
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IX. NON-DISCRIMINATION:
The CONTRACTOR shall not discriminate against any person on the basis of race,
creed, color, national origin, sex or sexual orientation, gender identity or expression,
familial status, age, disability, or any other characteristic or aspect which is not job
related when recruiting, hiring, promoting, terminating or any other area affecting
employment under this agreement. At all times, the CONTRACTOR shall comply with
all applicable laws and regulations with regard to employing the most qualified person(s)
for positions under this agreement. Additionally, the CONTRACTOR shall not
discriminate against any person on the basis of race, creed, color, national origin, sex or
sexual orientation, gender identity or expression, familial status, age, disability, financial
status or any other characteristic or aspect in regard to providing services hereunder.
X. INSPECTION OF BOOKS AND FACILITIES/AUDIT/ACCOUNTING:
The CONTRACTOR shall maintain the financial records in accordance with generally
accepted accounting principles, and allow the COUNTY to inspect its books and records
and the facilities at any reasonable time. In addition, the CONTRACTOR shall, at its
expense, provide the COUNTY with an annual audit prepared by an independent
Certified Public Accountant. CONTRACTOR shall retain all records pertaining to this
agreement for a period of five (5) years after term expires.
XI. PUBLIC RECORDS
The CONTRACTOR shall comply with the Public Records laws of the State of Florida,
subject to any provisions providing exemption from disclosure.
XII. BREACH OF TERMS BY CONTRACTOR
The passing, approval, and/or acceptance by the COUNTY of any defect in the services
furnished by the CONTRACTOR, shall not operate as a waiver by the COUNTY of strict
compliance with the terms of this Contract, and specifications covering the services.
COUNTY may immediately terminate the Agreement due to any violations by
CONTRACTOR of criminal statutes. Any other CONTRACTOR breach of this
agreement shall be governed by the article above on termination for cause.
The CONTRACTOR agrees that County representatives may visit the facilities
periodically to inspect CONTRACTOR'S maintenance of the premises. The
CONTRACTOR agrees that County representatives may visit the facilities
periodically to conduct random open file evaluations during the CONTRACTOR'S
normal business hours.
XIII. TERMINATION WITHOUT CAUSE:
The COUNTY or CONTRACTOR may terminate this agreement without cause by
providing the other party with written notice of termination at least one hundred eighty
(180) days prior to the date oftermination.
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3 XIV. TERMINATION WITH CAUSE:
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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
8 COUNTY provides the CONTRACTOR with written notice of said default.
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loin 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 win not be obligated to pay for any services provided by the CONTRACTOR after the
15 CONTRACTOR has received written notice of immediate termination.
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17 XV. ASSIGNMENT:
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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 shall be incorporated by reference
22 into any assignment or subcontract and any assignee or subcontractor shall comply with
23 all of the provisions of this agreement. Unless expressly provided for therein, such
24 approval shall in no manner or event be deemed to impose any additional obligation
25 upon the board.
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27 XXVI. COMPLIANCE WITH LAW
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29 In providing all services/goods pursuant to this agreement, the CONTRACTOR shall
30 abide by all statutes, ordinances, rules and regulations pertaining 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 shall 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 shall possess proper licenses to perform work in accordance with these
36 specifications throughout the term of this contract.
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38 XVII. DISCLOSURE AND CONFLICT OF INTEREST
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40 A. The CONTRACTOR represents that it, its directors, principles and employees,
41 presently have no interest and shall 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.
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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,
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1 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.
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5 XVIII. FINANCIAL RESPONSIBILITY
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7 The CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of
8 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
10 obligation or indebtedness that would impair its ability to fulfill the terms of this contract.
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12 XIX. NOTICE REQUIREMENT
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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:
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19 FOR COUNTY:
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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
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27 FOR CONTRACTOR:
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29 James A. Jalovec, President
30 Sweetwater Environmental, Inc.
31 P. O. Box 370170
32 Milwaukee, WI 53237-1270
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35 XX. TAXES
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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 suppliers for materials used to fulfill 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 agreement.
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45 XXI. GOVERNING LAWS
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47 This Agreement is governed by the laws of the State of Florida. Venue for any litigation
48 arising under this Agreement must be in Monroe County, Florida. In the event of any
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1 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
10 of real property to public entity, may not be awarded or perform work as a
11 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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18 The signatory for the 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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30 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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IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day
and date first written above in four (4) counterparts, each of which shall, without proof or
accounting for the other counterparts, be deemed an original contract.
,.\
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15 (SEAL)
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18 Attest:
19 By:
20
21 Title:
22
23
24 By:
25
26 Title:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: ~Ch~i~
,
By:
Title:
WITNESS
MONROE CC UNTV ATTOR Y
PROVEl,; AS i 0 F ""
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NON-cOLLUSION AFFIDAVIT
I, ::iRI1u:;:~~A. J/U./J/b::... of the city of f11~GO /.()1<!!L!LM.}s/~ according to
law on my oath, and under penalty of pe~ury, depose and say that:
1. lam PI!'r::sSd)c~r Ofthefjrmof~c;7~A~/~AL.rAk..., the
bidder making the Proposal for the project described in the Notice for Calling for aids for.
MoAJi!LJt; eovAJr-t
2. I executed the said proposal with full authority to do so.
3. The prices in this 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 any competitor.
4. Unless otherwise required by law, the prices which have been quoted in this bid have not
been knowingly disdosed 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
competition.
6. 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 con cts for said project.
Y-14-0'i
(Date)
STATE OF:
COUNTY OF:
PERSONALLY APPEARED BEFORE ME, the undersigned authority, \lAmbS A. UA2..f)Ut;.-c.-
who, { )providing proof of identity, or )Obeing personally known to me, and
having been first swom by me, affixed hislher signature in the space provided above on this
~ay of O;U2J., 20i2!l .
~L;j
NOTARY PUBLIC
My Commission Expires: ~~/6, ~
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SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY. flORIDA
ETHICS CLAUSE
S \I,,),",-~~ \tJ <:.~ V" th v'(:1~' 1'"'4.... -l L wanants that heflt has not employed, retained or
otherwise had act on hisfrts behalf any former COUNTY officer or employee in violation of Section
2 of Ordinance No. 10-1990 or any COUNTY officer or employee in violation of Section 3 of
Ordinance No. 10-1990. For breach or violation of this provision the COUNTY may, in its
discretion, terminate this contract without flability and may also, in its discretion, deduct from the
contract or purchase price, or otherwise recover, the fuU amount of any fee, commission,
percentage, gift, or consideration paid to the former COUNTY officer or employee.
STATEOF uJ~
COUNTYOF ,>??c4t.t2Jdll,;)
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
\J/t/l1t::;S 4l/A4.~ who, after first being sworn by me, affixed hisIher signature (name
of individual signing) In ~ space provided above on this bl..'I--iJ.Jday of
Ol'~~-p-, .~ .
t9~~
NOTARY PUBLIC
Mycom?J~expires: L?~/61 ~
OMB - MCP FORM #4
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DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that
fu)ee:T uJftT06 aJur~01lTAL.. I~'
(Name of Business) .
1. PubflShes a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the WOI'kpIace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-fr8e workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3. Gives 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). notifies the employees that, as a condition of
working on the commodities or contraclual seMces that are lB\der bid, the employee will abide by
the tenns of the statement and wBI notify the employer of any coiwicUon of, or plea of guilty or
nolo contendere to, any violation of Chapter- 893 (Florida StaIutBs) or of any COIdro8ed substance
law of the United States or any state, for a violation occuning in the workplace no Ialer than five
(5) days after such convicIion.
5. Imposes 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. Makes a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person a orized to sign the statement, I certify that this finn complies fully with the above
requirements.
Os:} -l't-O~