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CONTRACT
THIS CONTRACT Executed this 31st day of Oct, 1997, by and between the
JACKSONVILLE ELECTRIC AUTHORITY, Jacksonville, Florida, hereinafter called the
OWNER, and WESTSTAR ENVIRONMENTAL, INC., hereinafter called the CONTRACTOR,
WITNESSETH:
WHEREAS, CONTRACTOR was the lowest and best responsible bidder for
biosolids hauling services for the City of Jacksonville ("City") for the initial
term January 1, 1997 through September 30, 1997, with up to four (4) annual
renewals at the discretion of the City (the "Contract"); and
WHEREAS, during that said initial year, CONTRACTOR performed said
biosolids hauling services in accordance with specifications hereinafter
referred to at a price not to exceed $0.01157/gallon; and
WHEREAS, on June 1, 1997, the City transferred ownership and operation of
its water and wastewater utility to OWNER, at the same time the City transferred
and assigned all contracts related to said utility, including said Contract to
OWNER; and
WHEREAS, the OWNER and the CONTRACTOR have agreed to exercise the first of
the four (4) annual renewals and CONTRACTOR shall perform said biosolids hauling
services, pursuant to specifications, for compensation not to exceed
$0.01184/gallon, all other prices remaining unchanged; and
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WHEREAS, pursuant to said renewal and the OWNER's maximum indebtedness,
for the first annual renewal period from October 1, 1997 through September 30,
1998 shall be a total amount not to exceed $825,000.00; and
WHEREAS, said Contract should reflect contract assignment, the first
annual renewal, and incorporation of OWNER"S contractual terms and conditions;
now, therefore
IN CONSIDERATION of the Contract and for the mutual promises herein
contained and for other good and valuable consideration the parties agree that:
1. The above stated recitals are true and correct and, by this reference,
are incorporated herein and made a part hereof.
2. The Contract between the City and the CONTRACTOR has been transferred
and assigned by the City to the OWNER and the OWNER shall replace the City in
said Contract. Wherever said contract refers to the "City of Jacksonville" or
the "City", these terms shall mean the "Jacksonville Electric Authority" or
"JEA" as the text permits or dictates.
3. The CONTRACTOR is the lowest and best responsible bidder for biosolids
hauling services for Jacksonville Electric Authority for period October 1, 1997
through September 30, 1998 in accordance with plans and specifications
hereinafter referred to, and has been awarded the contract for said work
pursuant to award made September 11, 1997.
4. The CONTRACTOR will, at its own cost and expense, do the work required
to be done and furnish the materials required to be furnished on said work in
accordance with plans and specifications previously approved by the City of
Jacksonville, numbered CS-0010-97, with the bid opening date of October 30,
1996, designated as "City of Jacksonville, Florida, Department of Public
Utilities, Biosolids Hauling" and strictly in accordance with the advertisement
calling for bids, plans, specifications, blueprints, requirements of the said
City
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of Jacksonville and the Jacksonville Electric Authority in JEA Invitation For
Bids No. WSC-361-97, proposal of the said CONTRACTOR, and award therefor, now on
file in the office of the Director of Procurement of the Jacksonville Electric
Authority (herein after called "Contract Documents") all of which are hereby
especially referred to and, by reference, made a part hereof to the same extent
as if fully set out herein, for the total sum not to exceed EIGHT HUNDRED
TWENTY-FIVE THOUSAND AND 00/100 DOLLARS ($825,000.00) at and for the prices and
on the terms contained in the CONTRACTOR's said proposal for the doing of said
work and the said award therefor, and the Contract Documents hereinabove
specifically referred to and made a part of this Contact. This Contract may be
renewed for up to three (3) additional one (1) year periods at OWNER's sole
discretion, upon mutually acceptable terms and conditions.
5. During the term of the Contract, OWNER and CONTRACTOR are encouraged to
identify ways to reduce the total life-cycle cost to OWNER of the supplies or
services provided by the CONTRACTOR. OWNER and CONTRACTOR may negotiate Contract
amendments that allow such reductions in total costs including, but not limited
to the sharing of savings resulting from implementation of cost-reducing
initiatives between OWNER and CONTRACTOR.
6. OWNER encourages CONTRACTOR to employ firms certified as Jacksonville
Electric Authority Minority Business Enterprise ("MBE") firms as subcontractors
to the maximum extent practical. During the term of the Contract, OWNER and
CONTRACTOR may negotiate Contract amendments that support and allow for the
employment of such MBE firms by CONTRACTOR including, but not limited to changes
in the price to OWNER of the supplies or services supplied by CONTRACTOR.
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7. On the faithful performance of this Contact by CONTRACTOR, the OWNER
shall pay the CONTRACTOR in accordance with the terms and on the conditions
stated in said proposal, award, plans and specifications, and the said Contract
Documents hereinabove specifically referred to and, by reference, made a part
hereof.
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IN WITNESS WHEREOF, the parties hereto have duly executed this contract,
in duplicate, the day and year first above written.
ATTEST: JACKSONVILLE ELECTRIC AUTHORITY
By
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Xxxxxx X. Xxxxxxx Xxxxxx X. Xxxxxxxx
Its Administrative Assistant Managing Director
OWNER
WESTSTAR ENVIRONMENTAL, INC.
By /s/ Xxxxxxx X. Xxxxx
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Sign Name Sign Name
Xxxxxxx X. Xxxxx
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Print or Type Name Print or Type Name
Its Pres./C.E.O.
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Title Title
CONTRACTOR
I hereby certify that the expenditure contemplated by the foregoing
contract has been duly authorized, and provision has been made for the payment
of the monies provided therein to be paid.
/s/ Xxxx X. Xxxxxx 10/12/97
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XXXX X. XXXXXX
Controller 4308
Jacksonville Electric Authority
Form Approved:
/s/ Xxxx XxXxxxxx Xx.
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Assistant General Counsel
