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2013-72 SUPPLIER AGREEMENT FOR POLYMER CONCENTRATE THIS AGREEMENT, made and entered into this 22 day of CbC1be,r 2013, A.D., by and between the City of Clermont 685 West Montrose Street, Clermont, Florida (hereinafter referred to as "CITY"), and Polydyne, Inc., One Chemical Plant Road, Riceboro, GA, 31323 (hereinafter referred to as "SUPPLIER"). WHEREAS, SUPPLIER has through the public procurement process entered into an agreement with the Broward County, FL for the provision of polymer concentrate; WHEREAS, based on SUPPLIER's response, Broward County awarded a contract to SUPPLIER under the terms of F099113B 1; WHEREAS, CITY desires to utilize the SUPPLIER's approved bid with Broward County in accordance with CITY's procurement policy; and WHEREAS, SUPPLIER desires to enter into a contract with CITY based on the terms and conditions of Broward County contract F0999113B1. WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: ARTICLE I- SCOPE OF WORK The SUPPLIER shall furnish polymer concentrate as described in the Broward County • contract F0999113B1 which is attached hereto and incorporated herein as Exhibit "A" and shall do everything required by this Agreement and the other Agreement Documents contained in the specifications, which are a part of these Documents. Provided, however, that nothing herein shall require CITY to purchase or acquire any items or services from SUPPLIER. To the extent of a conflict between this Agreement and Exhibit "A", the terms and conditions of this Agreement shall prevail and govern. ARTICLE II -THE CONTRACT SUM CITY shall pay CONTRACTOR, for the faithful performance of the Agreement as set forth in the Agreement documents and the Unit Price Schedule an amount in accordance with the compensation schedule set forth in Exhibit 'B', attached hereto and incorporated herein. ARTICLE III—TERM AND TERMINATION 1. This Agreement is to become effective upon execution by both parties, and shall remain in effect until April 21, 2014, unless renewed as set forth above or terminated as provided for herein. At the option of CITY, this Agreement may be extended thereafter for two (2) additional terms, each not to exceed one(1) year. 1 2. Notwithstanding any other provision of this Agreement, CITY may, upon written notice to SUPPLIER, terminate this Agreement if: a) without cause and for convenience upon thirty (30) days written notice to SUPPLIER b) SUPPLIER is adjudged to be bankrupt; c) SUPPLIER makes a general assignment for the benefit of its creditors; d) SUPPLIER fails to comply with any of the conditions of provisions of this Agreement; or e) SUPPLIER is experiencing a labor dispute, which threatens to have a substantial, adverse impact upon performance of this Agreement, without prejudice to any other right or remedy CITY may have under this Agreement. In the event of such termination, CITY shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for work, properly performed and accepted prior to the effective date of termination. ARTICLE IV- COMMENCEMENT AND COMPLETION OF WORK The SUPPLIER shall provide all items in the timeframe as set forth in the applicable purchase order. ARTICLE V - PAYMENTS In accordance with the provisions fully set forth in the General Conditions, SUPPLIER shall submit a payment request by the third (3rd) day of each calendar month for items provided during the preceding calendar month. CITY shall make payment to the SUPPLIER, within thirty(30) calendar days, on the basis of a duly certified and approved payment invoice by the CITY for items provided and accepted by the CITY. ARTICLE VI—DISPUTE RESOLUTION -MEDIATION 1. Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to voluntary arbitration or the institution of legal or equitable proceedings by either party. 2. The CITY and SUPPLIER shall endeavor to resolve claims, disputes and other matters in question between them by mediation. 3. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Clermont, Lake County, Florida, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. ARTICLE VII—INSURANCE AND INDEMNIFICATION RIDER 1. Worker's Compensation Insurance - The SUPPLIER shall take out and maintain during the life of this Agreement Worker's Compensation Insurance for all his employees connected with the work of this Project and, in case any work is sublet, the SUPPLIER shall require the subSUPPLIER similarly to provide Worker's Compensation 2 Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the SUPPLIER. Such insurance shall comply with the Florida Worker's Compensation Law. In case any class of employees engaged in hazardous work under this Agreement at the site of the Project is not protected under the Worker's Compensation statute, the SUPPLIER shall provide adequate insurance, satisfactory to the CITY, for the protection of employees not otherwise protected. 2. SUPPLIER's Public Liability and Property Damage Insurance - The Contactor shall take out and maintain during the life of this Agreement Comprehensive General Liability and Comprehensive Automobile Liability Insurance as shall protect it from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operating under this Agreement whether such operations are by itself or by anyone directly or indirectly employed by it, and the amount of such insurance shall be minimum limits as follows: (a) SUPPLIER's Comprehensive General, $1,000,000 Each ($2,000,000 aggregate) Liability Coverages, Bodily Injury Occurrence, & Property Damage Combined Single Limit (b) Automobile Liability Coverages, $1,000,000 Each Bodily Injury& Property Damage Occurrence, Combined Single Limit (c) Excess Liability, Umbrella Form$2,000,000 Each Occurrence, Combined Single Limit Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on an occurrence basis. 3. SubSUPPLIER's Public Liability and Property Damage Insurance - The SUPPLIER shall require each of his subSUPPLIERs to procure and maintain during the life of this subcontract, insurance of the type specified above or insure the activities of his subSUPPLIERs in his policy, as specified above. 4. Indemnification Rider (a) To cover to the fullest extent permitted by law, the SUPPLIER shall indemnify and hold harmless the CITY and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) , and (2) is caused in whole or in part by any negligent act or omission of the SUPPLIER, any subSUPPLIER, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed 3 to negate, abridge, or otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or person described in this Article. (b) In any and all claims against the CITY or any of its agents or employees by any employee of the SUPPLIER, any subSUPPLIER, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations under this Paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the SUPPLIER or any subSUPPLIER under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. (c) The SUPPLIER hereby acknowledges receipt of ten dollars and other good and valuable consideration from the CITY for the indemnification provided herein. ARTICLE VIII -NOTICES All notices shall be in writing and sent by United States mail, certified or registered, with return receipt requested and postage prepaid, or by nationally recognized overnight courier service to the address of the party set forth below. Any such notice shall be deemed given when received by the party to whom it is intended. SUPPLIER: Polydyne, Inc. One Chemical Plant Road Riceboro, GA 31323 CITY: City of Clermont Attn: Darren Gray, City Manager 685 W. Montrose Street Clermont, FL 34711 ARTICLE IX—MISCELLANEOUS 1. Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret any provision of this agreement, the prevailing party shall be entitled to recover such sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal, in addition to all other sums provided by law. 2. Waiver. The waiver by city of breach of any provision of this agreement shall not be construed or operate as a waiver of any subsequent breach of such provision or 4 of such provision itself and shall in no way affect the enforcement of any other provisions of this agreement. 3. Severability. If any provision of this agreement or the application thereof to any person or circumstance is to any extent invalid or unenforceable, such provision, or part thereof, shall be deleted or modified in such a manner as to make the agreement valid and enforceable under applicable law, the remainder of this agreement and the application of such a provision to other persons or circumstances shall be unaffected, and this agreement shall be valid and enforceable to the fullest extent permitted by applicable law. 4. Amendment. Except for as otherwise provided herein, this agreement may not be modified or amended except by an agreement in writing signed by both parties. 5. Entire Agreement. This agreement including the documents incorporated by reference contains the entire understanding of the parties hereto and supersedes all prior and contemporaneous agreements between the parties with respect to the performance of services by SUPPLIER. 6. Assignment. This agreement is personal to the parties hereto and may not be assigned by SUPPLIER, in whole or in part, without the prior written consent of city. 7. Venue. The parties agree that the sole and exclusive venue for any cause of action arising out of this agreement shall be Lake County, Florida. 8. Applicable Law. This agreement and any amendments hereto are executed and delivered in the State of Florida and shall be governed, interpreted, construed and enforced in accordance with the laws of the State of Florida. 9. Records. SUPPLIER expressly understands and acknowledges that any and all documents related to the services provided herein, may be considered records that are subject to examination and production in accordance with Florida's Public Records Law. SUPPLIER expressly agrees that it will comply with all requirements related to said law and that it will hold CITY harmless, including attorney fees and litigation costs, for any such disclosure related to Florida's Public Records Law. ARTICLE X-AGREEMENT DOCUMENTS The Agreement Documents, as listed below are herein made fully a part of this Agreement as if herein repeated. Document Precedence: 5 1. This Agreement 2. Notice to Proceed or Purchase Order 3. CITY's Purchasing Policy 4. All documents contained in Broward County contract no. F099113B1. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this,2a day of c 2*o be 2013. City of Clermont fIVP Harol Turville, Jr., Mayor ' Attes • r • `�.,�°,• Tracy Ackroyd, City Clerk • Polydyne, Inc. By: Z ■ 4/5/4- �``'" "`,=,Lawrence D. Grizzle, Business Manager �� -•`. 'Printed Name and Title - Attest: 9 A d�!, C •orate Secretary Mark Schlag, Vice-President (Name Printed or Typed) 6 EXHIBIT A SCANNED o4••∎ COUNTY F L O R I D A Finance andAdmimstrative Services Department PURCHASING DIVISION 115 S Andrews Avenue,Room 212 Fort Lauderdale,Florida 33301.954357-6066•FAX 954-357-8535 Date. August 29,2013 POLYDYNE INC 1 CHEMICAL PLANT RD RICEBORO,GA 31323 POLYBIDDPT @SNFHC.COM Dear Vendor, Your Contract F0999113B1 for POLYMER expires April 21, 2014 and may be renewed under the original provisions through 04/21/2015 Note. The purpose of this letter is to determine your desire relative to this renewal provision. This inquiry does not constitute an extension or renewal of this contract Please sign in the space afforded at the bottom of the page indicating your desire regarding the renewal provisions. Under Section 21.119.b.6, Broward County Procurement Code, a vendor who enters into a contract with the county and then requests cancellation may be debarred from further business with the county for a period generally not to exceed three (3)years. This action will be invoked if you indicate approval of the contract renewal and subsequently fail to perform,without sufficient and just cause. Your response should be received in the Purchasing Division no later than seven (7) business days from the date of this letter. Failure to respond will be deemed as tacit evidence that your firm is no longer interested in requesting its option to renew this contract. Your cooperation in this matter is appreciated. For further information please contact the Purchasing Division at PurchasinaRenewals 5b(oward.org. Yes .L We offer to renew this contract under the original provisions for the renewal period above Name: Title: No _ We do not wish to renew this contract. Name: Title: Please provide your current Email address: UNITY poll Ir iddpt( S ahr ,corn Ero.••srd Cot.nty Board of Count/ Commissioners E_- .-__ a¢ •7.•:•.t. . .. -,;'- i ∎03'•.: _.. :l?•_ w!• .. - !:'-• �.13�- •:7-l.li•:1 e13=! Fi•'_•.T^t Lt s- •Cg.,ry r8 S'4•61•_n5 ,N£t_• Y,-.'•f brce.ard org ` BR5Z'V\ARD � l FEB 2 6 2013,�, : ij otio. COUNTY B F L O R I D A Finance and Administrative Services Department PURCHASING DIVISION 115 S.Andrews Avenue,Room 212•Fort Lauderdale,Florida 33301•954-357-6066•FAX 954-357-8535 February 25,2013 Polydyne, Inc. 1 Chemical Plant Road Riceboro,GA 31323 Reference: Contract No. F0999113B1 Polymer To Whom It May Concern: We hereby accept your written offer to renew the above referenced contract. This renewal is subject to all terms/conditions contained in the original contract. This contract renewal is in effect for the period beginning April 22,2013 and ending April 21,2014. A copy of this notice is being forwarded to the appropriate User(s). Purchase Order(s)will be placed as and when required. Thank you for your interest in doing business with Broward County. Sincerely, MARIE WILLIAMS '.i4 Oa_ 2013.0225 By: 12:59:30-05'00' Marie Williams, Purchasing Agent III Renewal Letter Form#12 11/30/09 Broward County Board of County Commissioners Sue Gunzburger•Dale V C Hotness•Kristin Jacobs•Marlin David Klar•Chip LaMarca•Stacy Ritter•Tim Ryan•Barbara Sharler•Loo webder www.broward.org ►i -:522 • ;7E3 ARD . COUNTY .. .. . J MeECEW ;. F L O R I D A APR 17 2012 Finance and Administrative Sonless Repadbnent PURCHASING DIVISION 115 8.Andrews Avenue,Room 212•Fort Lauderdale,Florida 33301•954-357.8088•FAX 954-3574535 B Y: April 17,2012 Polydyne, Inc. 1 Chemical Plant Road, Riceboro, GA 31323 Attn:Lawrence F Grizzle polvbiddat(alsnfhc.com, RE:Contract No.F099911381, POLYMER REVISED Award Amount$783,594 Dear Mr.Grizzle, This is to confirm that the Board of County Commissioners at its meeting held on April 17, 2012 under Agenda Item No. 17,has awarded a contract to your firm based upon the above referenced solicitation. The Contract Is in effect for the period beginning April 22, 2012 and ending April 21,2013. Purchase Order(s)will be placed as and when required. A copy of this notice,with a copy of your Bid/Proposal, including all terms and conditions, is being forwarded to all using agencies. Thank you for your interest In doing business with Broward Governmental Cooperative Purchasing Group. If you have any questions concerning this contract, please contact Kathy Davis, Purchasing Agent at 954.357.6087 or kdavist broward.orq. Sincerely, Brenda J. Billingsley, Director Purchasing Division By: A , Purchasing Agent c: Natalie Otto,Water and Wastewater Services Steve Ullman,Water and Wastewater Services rri�gard•a iunty C ners Sire aim:urger•Oatev.C.Hotness•Motto Jacobs•award Alefte • �A� 1• ° -4ollo E.Rodstron4 Jr. 98rbeYa 8harler We Wader www.brewdrd.b� PREVIOUS CONTRACT NO.CX08316B3 BID NO. F0999113B1 PURCHASING DIVISION BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY,FLORIDA Bid Submittal Summary Sheet for Public Reading The purpose of this page is to facilitate the efficient and accurate reading of your bid submittal at the Bid Opening. Your cooperation is appreciated in completing the following information and ensuring that it is placed as the first page of your bid submittal. The information on this page does not take the place of the bid documents or the bid sheet. In the event that there is a discrepancy between the information on this page and the information in the bid sheet,the information on the bid sheet will prevail. Bid Number. F0999113B1 Bid Title: Polymer(Non-Sheltered Market) Name of Company: Polydyne Inc. Total Bid Price: $783594" Commodities Contract—NonShenarod Market(No CBE Goals) Page 1 OF 29 12!16/2011 Bid/Quote No. F0999113B1 Addendum No. 1 Page 1 of 4 2PURCHASING DIVISION BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY, FLORIDA POLYMER(NSM) ADDENDUM NO.1 DATE OF ADDENDUM: February 16. 2012 ATTENTION ALL POTENTIAL BIDDERS: ►_� MUST ADDENDUM. READ CAREFULLY AND FOLLOW ALL INSTRUCTIONS. Information included in this Addendum will have a material impact on the submittal for this solicitation. All "MUST° addenda and/or revised Bid Sheets are considered a matter of responsiveness and must be returned with your Bid, Request for Letter of Interest or Request for Proposal submittal. Failure of a Submitter to return these document(s)shall be cause for rejection of the bid. ®Return Addendum with BID/QUOTE Submittal TO ALL PROSPECTIVE BIDDERS. PLEASE NOTE THE FOLLOWING CHANGES AND CLARIFICATIONS: 1. The Bid Opening Date has been revised as follows:February19, 8012 at 2:00 P.M. Location remains the same. 2. Bid, Page 13, #1: the following verbiage and attachments have been added: "See Perforropce lest Results,Attachment F". Ali other terms,conditions and specifications remain unchanged for Bid/Quote No. F0999113B1 NAME OF COMPANY: Polydyne Inc. Addendum Form 3 0611612011 Bid/Quote No. F0999113B1 Addendum No. 1 Page 2 of 4 PREVIOUS CONTRACT NO.CX0831sd3 BID NO. F0999113131 WO SHEET • (NON-SHELTERED MARKETS TO: BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY.FLORIDA . All blanks have been filled in, BID SHEET is attached to the comph:49d Invitation For Bid" and returned..herewith. In accordance With all terms, conditloits, spedHicatians and requirements, the. bidder offers the following. 1. 'Vendor must quote one of the folloiiving Qualified Produ. idtt.vwe a c�ualtfledhy Sroward County Oh RFI F08402Q3F1,August/September 2011. �� Ma nu f cper I Qualified Prodgct Mangfacturer/Product Part Numberl3ffered S '04 CLARIFLOC FA-149 •-Clarinoc SA-I49 - 2.• Vendor must complete the tormu J:43w to determine the.Total Cost to process 17,500`tone of Sludge&YeSG• • The cost to treat One dry ton WWI Press processed sludge is the dosage times thestost per pound. The'Ddsage equals the number of pounds of Polymer required to process one dry ton of sludge. posenens_of Palmer IA1 LIMB] Dania ■.•=-, One Ton of Stud=ICl 41.46 Ass X s.LcB—n-B = s 44.78 1.G1•11 •■ .0-111 IL rl .. • •! • 71_■:!c∎_! -• :..L _ _..1..GUl�u•_L�_1 Au.: (I 41.46 l9S X 17.50 Tons - 725.550 tag ENTER ANNUAL COMMODITY CODE#88536 UNIT . NO. QUANTITY(From 0 above) DESCRIPTION PRICE. PRICE ns.ss0 L.BS Bell press polyrnerre: iired to process 17,5(110 Tars of sludge annually.based cnlhe.fornula • above. 128 /LA $ 783$94.00 trom j )�►e NAME OF COMPANY:.Polydyne Inc. :�conead–NO114kle s d Mutat Woo CIE Gam} Pape nom 5 •en•um one 06115/2011 Bid/Quote No. F0999113B1 Addendum No.1 Page 3 of 4 Attachment F. Page 1 of 2 • 4 0 " m o CO `� K 5 - 1 ..: , . ... . i . • . ... :4 :. Cr: "":. . 11E1 . . . J ".: , . i :Ic°1 ll , i. ILFi .I 3 1. . II -.. :4 .- __ t _ __, /I) - '7" es r iis es w so oa -11 • •As.um •rm3 06H612011 SUBMIT BID TO: BOARD OF COUNTY COMMISSIONERS Broward County Purchasing Division BROWARD COUNTY, FLORIDA BP (S YVARD 115 S.Andrews Avenue, Room 212 COUNTY Fort Lauderdale,Florida 33301-1801 INVITATION FOR O R B I D F o R o " 954-357-6065/66 Bidder Acknowledgment —GENERAL CONDITIONS— THESE INSTRUCTIONS ARE STANDARD FOR ALL CONTRACTS FOR COMMODITIES/SERVICES ISSUED BY THE BOARD OF COUNTY COMMISSIONERS. THE BOARD OF COUNTY COMMISSIONERS MAY DELETE, SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR CONTRACT BY INDICATING SUCH CHANGE IN THE SPECIAL INSTRUCTIONS TO BIDDERS OR IN THE BID SHEETS. BY ACCEPTANCE OF A PURCHASE ORDER ISSUED BY THE COUNTY,BIDDER AGREES THAT THE PROVISIONS INCLUDED WITHIN THIS INVITATION FOR BID SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY STANDARD FORM CONTRACT OF THE BIDDER REGARDLESS OF ANY LANGUAGE IN BIDDER'S CONTRACT TO THE CONTRARY. BIDDER ACKNOWLEDGEMENT MUST BE SIGNED AND RETURNED WITH YOUR BID SEALED BIDS: This form must be executed and submitted BIDS WILL BE OPENED 2.00 p m February 22,2012 with all bid sheets and should bo in a sealed envelope. and may not be withdrawn within 12D calendar days after such date and time (PLEASE INCLUDE ONE ORIGINAL. SIGNED BID DOCUMENT BID TITLE IN BLUE INK AND ONE PHOTOCOPY OF SIGNED BID DOCUMENT PER ENVELOPE). The face of the envelope should POLYMER contain the above address, the date and the time of bid opening, (NON-SHELTERED MARKET) and bid number. Bids not submitted on attached bid may be rejected. All bids are subject to the conditions specified herein. BID NO.F099911381 Those which do not comply with these conditions are subject to rejection 1. EXECUTION OF BID: A. Bid must contain an onginal PURCHASING AGENT NAME a TELEPHONE NUMBER signature of an individual authorized to bind the bidder. Bid KATHY DAVIS (954)357-6087 must be typed or printed in ink.The ink should be blue ink.All DELIVERY DATE corrections made by bidder to their bid must also be initialed. The bidder's name should also appear on each page of the bid sheet if required. B. No award will be made to a bidder SEE SPECIAL INSTRUCTION who is delinquent in payment of any taxes, fees, fines, CASH DISCOUNT TERMS contractual debts, judgments, or any other debts due and Net 30 Days-No Discount owed to the County. or is in default on any contractual or regulatory obligation to the County By signing and submitting BID GUARANTY IS ATTACHED,WHEN REQUIRED.IN this bid,bidder attests that it is not delinquent in payment of THE AMOUNT OF$ N/A any taxes, fees, fines, contractual debts, judgments or any other debts due and owed to the County,nor is It in default on REASON FOR NO BID any contractual or regulatory obligation to the County. In the event the bidder's statement Is discovered to be false,bidder N/A will be subject to debarment and the County may terminate any contract it has with bidder.C. Bidder certifies by signing the bid that no principals or corporate officers of the firm were DUN&BRADSTREET NUMBER principals or corporate officers in any other firm which may 939242616 have been suspended or debarred from doing business with BIDDER NAME Broward County within the last three years,unless so noted in the bid documents. D. By signing this bid,bidder attests that Polydyne Inc. any and all statements, oral, written or otherwise, made In BIDDER MAILING ADDRESS/CITY/STATE/ZIP support of this bid, are accurate, true and correct. Bidder 1 Chemical Plant Road,Riceboro,GA 31323 acknowledges that inaccurate, untruthful, or incorrect statements made in support of this bid may be used by the AREA CODE TELEPHONE NO. CONTACT PERSON County as a basis for rejection of this bid, rescission of the Lawrence D.Grizzle award, or termination of the contract. Bidder acknowledges (912)880-2035 Business Manager that the termination of the contract because of a determination - of an Inaccurate, untruthful, or Incorrect statement made in FAX NO BIDDERS E-MAIL ADDRESS support of this bid may also serve as the basis for debarment ( 12)880-2078 Pol BidD t nfhc.com of bidder pursuant to Section 21-119 of the Broward County y p Administrative Code. 2. BID WITHDRAWAL: No Vendor may withdraw their bid ' -rte 2/21/2012 before the expiration of one hundred and twenty(120)days 'AUTHORIZED SIGNATU DATE from the date of the bid opening. Any bid submitted which (submit onginal m blue Ink) alters the one hundred and twenty (120) day requirement Lawrence D.Grizzle Business Manager shall be deemed non-responsive. PRINT NAME (Coed on Page 2)_ TITLE ntonu '1 matey Out nets bid b node whisout prior undemanding.dprc.,, ,i,connection Ne,any corpmaem�Mm of parson acct a bid fa eat same 1*blaeMtss,and is be an ntpx4 tab and without cdlwion cr btu&1 a tartly that I am aut orteed to and stecpted as wall as any spacial Imam-don Meads)a applicable. cilia this Wd for no dddai Robot pY aipmawrt d emir tom,,papal 1 Woogtm/an atlmowiMdpad 3. BID OPENING: Shall be public, on date, location and time 6. OPEN-END CONTRACT: No guarantee is expressed or specified on the bid form. The official time is the time clock implied as to the total quantity of commodities/services to be located In the Purchasing Division reception area and will be purchased under any open end contract.Estimated quantities accepted by all parties without reservation. It is the bidder's will be used for bid comparison purposes only.The Board of responshi ity to assure that their bid is delivered on date, County Commissioners reserves the right to Issue purchase location and time specified on the bid form. Bids, which for orders as and when required,or, Issue a blanket purchase any reason are not so delivered,will not be considered. Bid order for individual agencies and release partial quantities or, tiles and any bids after they are opened may be examined issue instructions for use of Direct Purchase Orders by during normal woridng hours by appointment Bid tabulations various County agencies, or, any combination of the are available for inspection upon request. Bid results will be preceding. No delivery shall become due or be acceptable posted on the Broward County web site at without a written order or shipping instruction by the County, www.broward.orglpurdhasinghesults. unless otherwise provided in the contract Such order will 4. ADDENDA TO BID: Broward County reserves the tight to contain the quantity,time of delivery and other pertinent data amend this invitation For Bid prior to the Bid opening date However.on items urgently required,the seller may be given indicated Only written addenda will be binding. If, upon telephone notice.to be confirmed by an ardor in writing. review,material errors In specifications are found,contact the 7. CONTRACT PERIOD (OPEN-END CONTRACT):The initial Purchasing Division Immediately,prior to Bid opening date,to contract period shall start with the expiration date of the allow for review and subsequent danfication on the part of previous contract or data of award,whichever is latest, and Broward County. shall terminate one(1)year from that date.The contractor will 5. PRICES,TERMS&PAYMENTS:Fern prices shall be bid and complete delivery and the County will receive delivery on any include all handling, set up, shipping and inside delivery orders mailed to the contractor prior to the date of expiration. charges to the destination shown herein unless otherwise The Director of Purchasing may renew this contract for a indicated. second period subject to vendor acceptance, satisfactory performance and determination that renewal win be in the (a) The Bidder in submitting this bid certifies that the prices best interest of the County.Notification of Intent to Renew win quoted herein are not higher than the prices at which the be mailed sixty(60) calendar days in advance of expiration same commodity(tes) or service(s) is sold in date of this contract All prices, terms and conditions shall approximately similar quantities under similar terms and remain firm for the initial period of the contract and for any conditions to any purchaser whomsoever. renewal period unless subject to price adjustment specified as (b) F.O.B.—as specified in Special Instructions to bidder. a'special condition'hereto. Ube In the event services are scheduled to end because of the (c) Tie Bids:The award on tie bids will be decided by Di doh of the Purchasing Division In accordance with ration of this contract,the Contractor shall continue the provisions of the Procurement Code.the upon the request of the Director of Purchasing. The extension period shall not extend for (d) TAXES:Broward County is exempt from Federal Excise more than ninety(90)days beyond the expiration and Florida Sales taxes on direct purchase of tenable the existing contact The Contractor shall be property.Exemption numbers appear on purchase order. compensated for the service at the rate in effect when The Contractor shall pay an applicable sates,consumer, this extension clause is invoked by the County. land use, or other similar taxes required by taw. The Contractor is responsible for reviewing the pertinent 8. FIXED CONTRACT QUANTITIES: Purchase order(s)for full State Statutes involving the sales tax and complying with quantities will be issued to successful bidder(s) after all requirements. notification of award and receipt of all required documents. Foxed contract quantities up to twenty (20) percent of the (e) DISCOUNTS: Bidders may offer a cash discount for originally specified quantities may be ordered prior to the prompt payment However, such discounts will not be expiration of one(1)year after the date of award,provided tits considered In determining the lowest net cost for bid Contractor agrees to furnish such quantities at the same evaluation purposes. Bidders should reflect any prices.terms and conditions. discounts to be considered In the bid evaluation in the unit prices bid. 9. AWARDS:N a specific basis of award is not established (I) MISTAKES: Bidders are cautioned to examine all In the special instructions to bidders,the award shall be specifications,drawings,delivery Instructions,unit prices, to the meeting the bidder with the lowest bid extensions and all other special conditions pertaining to the bid Failure of the bidder to examine all pertinent the Board of County Commissioners may require,the right is documents shall not entitle them to any relief from the reserved to make awards) by Individual commodities/ conditions imposed In the contract.In case of mistakes in services, group of commodities/services, all or none or any extension, the unit price shall govern. Multiplication or combination thereof. When a group is specified, all Items addition errors are deemed clerical errors and shall be within the group must be bid. A bidder desiring to bid 'No corrected by the County. Charge'on an item in a group must so indicate,otherwise the bid for the group will be construed as incomplete and may be (g) ORDERING: The Board of County Commissioners rejected. However, if bidders do not bid as items within a reserves the right to purchase commodities/services group,the County reserves the right to award on an Item by specified herein through contracts established by other Item basis. When a group bid is Indicated for variable governmental agencies or through separate procurement quantities and the bid for the group shows evidence of actions due to unique or special needs. If an urgent unbalanced bid prices,such bid may be rejected.The Director delivery is required, within a shorter period than the of Purchasing, or the Board of County Commissioners, delivery time specified in the contract and If the seller is whichever Is applicable reserves the right to waive unable to comply therewith, the Board of County technicalities and irregularities and to reject any or all bids. Commissioners reserves the right to obtain such delivery 10. PAYMENT: P from others without penalty or prejudice to the County or Payment for all goods and services shall be to the seller. a timely 2 manner Florida n in accordance with Florida Statutes. Prompt Payment Act and the Browad County y P Prompt Payment Ordinance (No.81I-49) Page 2 of 6 Pages as amended.All applications for Payment shall be submitted current standards production model available at the time of to Broward County Accounting Division. Payment will be the bid.The goods must be suitably packaged for shipment by made by the County after commodilleslservices have been common carrier. Each container or multiple units or items received, accepted and property Invoiced as indicated in otherwise packaged shall bear a label,imprint,stencil or other contract and/or order.Invoices must bear the purchase order legible marldngs stating name of manufacturer or supplier, number. purchase order number and any other markings required by 11. DELIVERY:Delivery time shall be computed in calendar days specifications, or other acceptable means of identifying from the issuance date of purchase order. Although, actual vendor and purchase order number. requested date or number of calendar days for delivery may 14. SAFETY STANDARDS: Unless otherwise stipulated in the be specified,slate number of calendar days required to make bid, all manufactured items and fabricated assembles shall delivery and installation after issuance of purchase order or comply with applicable uirements of Occupational request for services in space provided. Unless otherwise and Health Act and any standards thereunder.Ind stipulated in the Contract. delivery shall be made between with Chapter 442,Florida Statutes,any toxic substannceel compliance 9:00 a.m. and 4:00 p.m., Monday through Friday, except in Section 38F-41.03 of the Florida Administrative Code holidays,and at other time by special arrangements.However delivered from a contract resulting from thin bid must be goods required for daily consumption,or where the delivery is accompanied by a Material Safety Data Sheet MSDS A of emergency,a replacement.or is overdue,the convenience Material Safety Data Sheet(MSDS)should also be submitted govern. If, in calculating the number of to the Broward County Risk Management Division,115 South calendar days from the order date,the delvery date fails on a. Andrews Avenue,Room 210,Fort Lauderdale,Florida 33301- Saturday,Sunday or holiday,delivery shall be made no later 1803.The MSDS must include the following information. than next succeeding business day. Delivery time may be considered in determining award. (a) The chemical name and the common name of the toxic 12. TERMINATION: substance. (a) AVAILABILITY OF FUNDS: If the tern of this contract (b) The hazards or other risks In the use of the toxic extends beyond a single fiscal year of the County, the substance,Including: continuation of this Contract beyond the end of any fiscal County in shall acordancelowith Chapter 2 .Fof lorida from the 1 potential for fire, expbsron, oorosivity, and The Broward County Board of County Commissioners 2. The known acute and chronic heath effects of risks shall be the final authority as to availability of funds and from exposure,including the medical conditions which how such available funds are to be allotted and are generally recognized as being aggravated by expended. In the event funds for this project/purchase exposure to the toxic substance:and are not made available or otherwise allocated Broward County may terminate this contract upon thirty(30)days 3. The primary routes of entry and symptoms of prior written notice to the contractor. overexposure. (b) NON PERFORMANCE:The Contract may be terminated (c) The proper precautions, handling practices, necessary for cause by the Awarding Authority for the County or by personal protective equipment, and other safety Bidder if the party In breach has not corrected the breath precautions in the use of or exposure to the toxic within ten (10) days after written notice from the substances, including appropriate emergency treatment aggrieved party identifying the breach. Cause for In case of overexposure. termination shall include,but not be limited to,failure to suitably perform the work, failure to suitably delver (d) The emergency procedure for spills, fire,disposal, and goods in accordance with the specifications and first aid. instructions in this Bid,failure to continuously perform the (e) A description in lay terms of the known specific potential work in a manner calculated to meet or accomplish the health risks posed by the toxic substance Intended to objectives of the County as set forth in this Bid, or multiple breath of the provisions of this Bid alert any person reading this information notwithstanding whether any such breach was previously (f) The year and month,If available,that the information was waived or cured. complied and the name, address, and emergency (c) TERMINATION FOR CONVENIENCE: The Awarding telephone number of the manufacturer responsible for Authority may terminate the Contract for convenience prepadng the Information. upon no less than thirty(30)days written notice. In the 15. MANUFACTURERS NAME AND APPROVED event the Contract Is terminated for convenience,Bidder EQUIVALENTS: Manufacturer's names,trade names,brand shall be paid for any goods properly delivered and names, information and/or catalog numbers listed in a servloes properly performed to the date the Contract is sperdtication are for Information and d establishment of quality terminated; however, upon being notified of County's level desired and are not intended to limit corn election to terminate, Bidder shall cease any deliveries. competition unless a d shipment or carriage of goods, and refrain from which specified x a in the bid.The bidder may offer an r any brand performing further services or incurring additional wish are based d exceeds the t products. Indicate for ay n the d If expenses under the terms of the Contract In no event bids ere baanu on ell's na net and cat l u e the bid will payment be made for lost or future profits. Bidder form manufacturer's name end catalog number.'Bidder aiddor shall submit with the bid acknowledges and agrees that ten dollars($10.00)of the complete descriptive ex in in and/or compensation to be paid by County, the adequacy of specifications. The bidder should also explain fo detail the which is hereby acknowledged by Bidder, is given as reason(s)meet why and specifications proof that not be equivalent nt specific consideration to Bidder for the Counts right to will meet the soeciBrowns end not Bo con of Co an terminate this Contract. exception thereto. Broward County Board of County Commissioners reserves the right to be the sole judge of what 13. CONDITIONS AND PACKAGING:Unless otherwise stated In is equal and acceptable.Bids which do not comply with these the special instructions to bidders or the bid sheets, or requirements are subject to rejection.If Bidder falls to name a specifically ordered from an accepted price list, deliveries substitute it will be assumed that the bidder will furnish goods must consist only of new and unused goods and shell be the identical to bid standard. Page 3 of 6 Pages • 16. INTERPRETATIONS: Any questions concerning conditions be retained by COUNTY until all of COUNTY's daims for and specifications of this bid shall be directed in writing to the indemnification pursuant to this Agreement have been settled Purchasing Division a minimum of 24 hours prior to bid or otherwise resolved;and any amount withheld shall not be opening. No interpretation(s) shall be considered binding subject to payment of interest by COUNTY. The provisions unless provided to all Bidders in writing by the Director of and obligations of this section shall survive the expiration or Purchasing. earlier termination of this Agreement 17. NON-CONFORMANCE TO CONTRACT CONDITIONS:The 22. NOTICE: Written notice provided County may withhold acceptance of.or reject any items which shall be sent by certified United States Mail,postage prepaid, are found, upon examination, not to meet the specification return receipt requested, or by hand-delivery with a request requirements.Upon written notification of rejection,items shall for a written receipt of acknowledgment of delivery,addressed be removed within five (5) calendar days by the Vendor at to the party for whom f Is Intended at the place last speared. their expense and redelivered at their expense. Rejected The place for giving notice shall remain the same as set forth goods left longer than thirty (30) days will be regarded as herein until changed in writing in the manner provided in this abandoned and the Board shall have the right to dispose of section.For the present,the County designates: them as its own property.On foodstuffs and drugs,no written notice or rejection need be given.Upon verbal notice to do so, Director,Broward County Purchasing Division the Vendor shall immediately remove and replace such 115 S.Andrews Avenue,Room 212 rejected merchandise at their expense. Rejection for non- Fort Lauderdale,FL 33301-1801 conformance. failure to provide services conforming to speafrcatons,or failure to meet delivery schedules may result Bidder shall identify in the Bid a designated person and in contractor being found in default. address to whom notice shall be sent when required by the Contract. 18. INSPECTION, ACCEPTANCE AND TITLE: Inspection and acceptance will be at destination. Title and risk of loss or 23. JURISDICTION, VENUE, WAIVER OF JURY TRIAL: The damage to all items shall be the responsibility of the Contract shall be Interpreted and construed in accordance contractor until accepted by the County. with and governed by the laws of the state of Florida My controversies or legal problems arising out of the Contract 19. GOVERNMENTAL RESTRICTIONS: In the event any and any action involving the enforcement or interpretation of governmental restrictions may be imposed which would any rights hereunder shall be submitted to the jurisdiction of necessitate alteration of the material quality,workmanship or the State courts of the Seventeenth Judicial Circuit of Broward performance of the Items offered on this bid prior to their County,Florida,the venue situs,and shall be governed by the delivery it shall be the responsibility of the successful bidder laws of the state of Florida. By entering into this Contract, to notify the County at once, indicating in their letter the Bidder and County hereby expressly waive any rights either specific regulation which required an alteration.The Board of party may have to a trial by jury of any civil litigation related to County Commissioners reserves the right to accept any such this Contract. alteration, Including any price adjustments occasioned thereby.or to cancel the contract at no further expense to the 24. PATENTS AND ROYALTIES:The bidder,without exception, County. shall indemnify and save harmless and defend the County,its 20. LEGAL REQUIREMENTS: Applicable officers,agents and employees from liability of any nature or Federal, Stale of Florida, County and locallllaws,nand of all �' Including but not unteo to attorney's fees, costs and expenses for or on account of any copyrighted, patented or ordinances,rides and regulations including the Procurement unpatented invention, process, or article manufactured or Code of Broward County shall govern development,submittal used in the performance of the contract,including its use by and evacuation of bids received in response hereto and shall the Coup If the bidder uses govern any and all claims and disputes which may arise ty' any design,device.or materials covered by letters, patent or copyright, it is mutually agreed between person(s)submitting a bid in response hereto and and understood without exception that the bid prices shall Broward County by and through Its officers,employees and Include all royalties or cost arising from the use of such authorized representative, or any other person natural or design.device,or materials in any way involved in the work. otherwise in addition to any resultant agreement Lack of This provision shall survive the expiration or earlier knowledge by any bidder shall riot constitute a recognizable 'termination of the contract. defense against the legal effect thereof. 26. ASSIGNMENT, SUBCONTRACT: Contractor shall not 21. INDEMNIFICATION: BIDDER shall at all times hereafter transfer, convey, pledge, subcontract or assign the Indemnify, hold harmless and,defend COUNTY, its officers, performance required by this bid without the prior written agents,servants,and employees from and against any and all consent of the Director of Purchasing. issued causes of action, demands, claims, losses, liabilities and the Award expenditures of any kind,including attorney fees,court costs, pursuant to this bid r are not and Ire monies which may become due hereunder are not assignable, transferrable,or and expenses,caused or alleged to be caused by intentional -otherwise disposable except with the prior written consent of or negligent act of, or omission of, BIDDER, its employees, the Director of Purchasing. agents,nt , servants, ct matter r accruing, resulting from, or Agreement Including, 26. QUAUFICATIONS OF BIDDER Bids will be considered only without limitation, any and al claims, losses, Iiabilites, from firms normally engaged in providing the types of expendihrres, demands or causes of action of any nature commodities/services specified herein. The Director of whatsoever resulting from injuries or damages sustained by Purchasing or the Board of County Commissioners,reserves any person or property. In the event any lawsuit or other the right to Inspect the facilities, equipment, personnel and proceeding is brought against COUNTY by mason of any organization or to take any other action necessary to such claim,cause of action or demand.BIDDER shall,upon determine ability to perform hi accordance with specifications, written notice from COUNTY, resist and defend such lawsuit terms and conditions.The Director of Purchasing or the Board or proceeding by counsel satisfactory to COUNTY or, at of County Commissioners wilt determine whether the COUNTY's option, pay for an attorney selected by County evidence of ability to perform Is satisfactory and reserves the Attorney to defend COUNTY. To the extent considered right to reject bids where evidence or evaluation is determined necessary by the Contract Administrator and the County to Indicate Inability to perform.The Director of Purchasing or Attorney,any sums due BIDDER under this Agreement may the Board of County Commissioners reserves the right to Page 4 of 6 Pages • , consider a bidder's history of citations and/or violations of proposed award of a contract which does not exceed the Environmental regulations in determining responsibility. amount of the award authority proposal a complete of rho Director of Bidder should submit with his plate history of Purchasing, may protest to the Director of Purchasing, all citations and/or violations notices and dispositions thereof. The protest shall be submitted in writing and received Failure of a Bidder to submit such information may be within three (3) business days from the posting of the grounds for termination of any contract awarded to successful recommendation of award on the Purchasing Division's Bidder.Bidder shall notify the County immediately of notice of website. any citations or violations which they may receive after the Bid or Proposal opening date and during the time of performance (d) For purposes of this section a business day is defined as under any Contract awarded to them. Monday through Friday between 8:30am and 5:OOpm Failure to timely file a protest within the time prescribed 27. EQUAL EMPLOYMENT OPPORTUNITY:No Contractor shall for a solicitation or proposed contract award shall be a discriminate against any employee or applicant for waiver of the vendor's right to protest. employment because of race, religion, age, color,'sex or national origin,sexual orientation(Including but not limited to (e) As a condition of Initiating any bin,protest,the protestor Broward County Code,Chapter 16%),marital status,political shall present the Director of Purchasing a nonrefundable affiliation,disability,or physical or mental handicap if qualified. filing fee. The filing fee shall be based upon the Contractor shall take affirmative action to ensure that estimated contract amount For purposes of the protest, applicants are employed, and that employees are treated the estimated contract amount shall be the centred bid during their employment without regard to their race,religion, amount submitted by the protestor. If no contract,bid ` age, color,sex or national origin, sexual orientation, marital amount was submitted, the estimated contract amount status, political affiliation, disability, or physical or mental shall be the County's estimated contract price for the handicap. Such actions shall include,but not be limited to the project The County may accept cash, money order, following: employment. upgrading, demotion, or transfer, certified check, or cashier's check, payable to Broward recruitment or recruitment advertising, layoff or termination, County Board of Commissioners.The fling fees are as rates of pay or other forms of compensation;and selection of follows: training, including apprenticeship. The Contractor agrees to post in conspicuous places available to employees and Estimated Contract Amount Filing Fee applicants for employment,notices setting forth the provisions of this non-dloafmination clause. $30,000-$250,000 $500 The contractor selected to perform_work on a County project $250,001-$500,000 $1,000 tra must include the foregoing or similar language in Its contracts $50o,O01-$5 million with any subcontractors or sub consultants, except that any $3,000 project assisted by U.S. Department of Transportation funds Over$5 million shall comply with the ra life $5,000 49 C.F.R.Parts 23 and 26,as amended.The Subcontractors, . if any, will be made aware of and will comply with this The estimated contract amount shall be based upon the nondiscx§nination clause. Failure to comply with above contract bid amount submitted by the protestor. If no requirements is a material breath of the contract, and may contract bid amount was submitted, the estimated result In the termination of this contract or such other remedy contract amount shall be the County's estimated contract as the County deems appropriate. price for the project The County may accept 'cash, money order,certified check,or cashier's check,payable 28. MODIFICATIONS:All changes to purchase orders shall be by to Broward County Board of County Commissioners. Issuance of a change order.Any modifications or changes to any contract entered Into as a result of this bid must be by 30. PUBUC ENTITY CRIMES ACT: Bidder represents that as written amendment with the same formality and of equal response to this invitation for bid will not violate the Public dignity prior to the initiation of any such change. ' Entity Crimes Art, Section 287.133, Florida Statutes, which essentially provides that a person or affiliate who is a 29. RESOLUTION OF PROTESTED SOUCITATIONS AND contractor,consultant or other provider who has been placed PROPOSED AWARDS: In accordance with Sections 21.118 on the convicted vendor list following a conviction of a Public and 21.119 of the Broward County Procurement Code, If a Entity Crime may not submit a bid on a contract to provide vendor intends to protest a solicitation or proposed award of a any goods or services to the County,may not submit a bid on contract the following apply: a contract with the County for the construction or repair of a (a) My protest concerning the bid or other soli�dion public building or public work,may not submit bids on leases of real specifications, or requirements must be made and f ry to the County,may not be awarded or pelican received by the County within seven (7)business days under contractor,�County,subcontractor,d m or consultant from the posting of the solicitation or addendum on the unt r, sad may not ho dd am any Purchasing Division's website. Such protest must be business with the County in excess of the threshold amount made In writing to the Director of Purchasing. Failure to two harchases for a period T, Florida months from for category of timely protest bid specifications or requirements is a purchases pevod df a months from the date is waiver of the ability to protest the specifications or that placed on the convicted a vendor Bid Bidder represents requirements." that its response to this Invitation For Bb te not a violation of Section 287.134,Florida Statues,which essentially states that (b) My protest concerning a soGchation or proposed award tee County, as a public entity, cannot do business with an above the authority of the Director of Purchasing,after efound ntity that is on the to hacemin cram vendor as defined fin therein. been the bid opening, shall be submitted in writing and Violation of this hsection shall resutt In cancellation the 'received by the County within five(5)business days from County purchase and may result in debarment. the posting of the recommendation for award on the Purchasing Division's website. 31. RECYCLED CONTENT INFORMATION: In support of the (c) My actual or prospective bidder or offeror who has a Florida Waste Management Law, bidders are encouraged to substantial interest In and Is aggrieved in connection with supply with their bid, t n i the products available Count is recycled material content to the products bid. The County is Page 5 of 6 Pages particularly interested in the type of recycled material used within the County must have a current Broward County Local (such as paper, plastic, glass, metal, etc.); and the Business Tax Receipt(formerly known as an Occupational percentage of recycled material contained in the product The license Tax).All corporations and partnerships must have the County also requests information regarding any known or authority to transact business In the State of Florida and be in potential material content in the product that may be extracted good standing with the Florida Secretary of State.For further and recycled after the product has served its intended information, contact Broward County Records, Taxes and purpose. Treasury Division and the Florida Department of State, Division of Corporations. 32. PURCHASE BY OTHER GOVERNMENTAL AGENCIES: Each Governmental unit which avails itself of this contract will The County will review the vendor's business status based on establish its own contract,place its own orders,Issue Its own the Information provided in response to this solicitation.If the purchase orders, be invoiced therefrom and make Its own vendor is an out-of-state or foreign corporation or partnership, payments and issue its own exemption certificates as required the vendor must obtain the authority to conduct business In by the bidder. It is understood and agreed that Broward the State of Florida.Corporations or partnerships that are not County is not a legally bound party to any contractual in good standing with the Florida Secretary of State at the agreement made between any other governmental unit and time of a submission to this solicitation may be deemed non- the bidder as a result of this bid. responsible. 33. PUBLIC RECORDS:Any material submitted in response to If successful in obtaining a contract award under this this Invitation For Bid will become a public document pursuant solicitation,the vendor must remain In good standing to Section 119.071. Florida Statutes. This includes material throughout the contractual period of performance. which the responding bidder might consider to be confidential 37. SCRUTINIZED COMPANIES UST or a trade secret Any claim of confidentially is waived upon submission, 19. 71,Florida effective t after opening pursuant to Section Companies with Activities n Sudan List or on the Scrutinized 118.071,Fla Statutes. Companies with Activities in the Iran Petroleum Energy Sector 34. AUDIT RIGHT AND RETENTION OF RECORDS: County List is prohibited from submitting a bid,proposal or response shall have the right to audit the books,records,and accounts to a Broward County solicitation for goods or services In an of contractor that are related to this project Contractor shell amount equal to or greater than $1 million. Therefore. If keep such books, records, and accounts as may be applicable, each company submitting a bid, proposal, or necessary in order to record complete and correct entries to response to a solicitation must certify to the County that it is the project not on either list at the time of submitting a bid,proposal or Contractor shall response. The certification form will!�be attached to a preserve and make available,at reasonable solicitation if the estimated purchase amount is $1 million times for examination and audit by County, all financial dollars or greater and must be submitted at the time of records, supporting documents, statistical records, and any submtitng a bid, proposal or response. Under the other documents pertinent to this agreement for the required circumstances.the County estimated purchase amount is no retention period of the Florida Public Records Act (Chapter greater than$1 million dollars.but bid,proposal,response or 119. Florida Statutes). if applicable, or if the Florida Public resulting contract is$1 million dollars or greater,the County Records Act is not applicable,for a minimum period of three will exercise the right to require firm to submit the certification (3)years after termination of this Agreement If any audit has form by the imposed deadline. In either case,failure to timely been initiated and audit findings have not been resolved at the provide the certification shall deem the submittal non- end of the retention period or(3)years,whichever is longer, responsive. the books, records and accounts shall be retained until resolution of the audit findings. If the Florida Public Records Act is determined by County to be applicable to contractor's records,contractor shall comply with all requbements thereof; however, no confidentiality or nondisclosure requirement of either federal or state law shall be violated by contractor.My Incomplete or Incorrect entry In such books, records, and accounts shall be a basis for County's disallowance and recovery of any payment upon such entry. The entire chapter of the Broward County Procurement Code describing the aforementioned subject matter can be obtained from the Purchasing Division's Website at www.broward.orglpurchasing. 35. OWNERSHIP OF DOCUMENTS: All finished or unfinished documents,data,studies,surveys,drawings,maps,models, photographs,specifications and reports prepared or provided by CONSULTANT in connection ion with this Agreement shall become the property of COUNTY. whether the Project for which they are made is completed or not, and shall be delivered by CONSULTANT to Contract Administrator within fifteen (15) days of the receipt of the written notice of termination. If applicable, COUNTY may withhold any payments then due to CONSULTANT until CONSULTANT complies with the provisions of this section. 38. STATE OF FLORIDA DIVISION OF CORPORATIONS REQUIREMENTS: It Is the vendors responsibility to comply with all state and local business requirements. Ail vendors located within Broward County and/or providing a service Page 6 of 6 Pages BP)CSARD dn..: COUNTY F L O R I D A FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT PURCHASING DIVISION 115 S.Andrews Avenue,Roan 212•Fort Lauderdale,Fhdde 33301.9543574065•FAX 9543574535 ATTENTION Dear Vendor Thank you for your interest in doing business with Broward County. We look forward to a very successful procurement process. Please take notice of the response submittal requirements outlined in this solicitation. Read and follow the instructions very carefully, as any misinterpretation or failure to comply with instructions could lead to your submittal being rejected. Any change(s) to this solicitation will be conveyed through the written addenda process. Notifications of addenda are sent electronically to vendors registered under the applicable commodity codes at the time the original solicitation was created. In addition, all addenda are posted on the Purchasing Division's website, www.broward.orq/purchasinq which can be accessed by selecting Current Solicitations. Please read carefully and follow all instructions provided on the addendum, as well as the Instructions provided in the original solicitation. It is the responsibility of all potential vendors to monitor the Purchasing Division's website for any changing information prior to submitting their reply. It is the intent of the Purchasing Division to provide quality services. If you have any questions, please visit our website to view the information provided on "How to Do Business with Broward County —A Vendor's Guide,' or feel free to contact the agent of concern. Again, thank you for your continued interest in doing business with Broward County. Sincerely, 47SAg.,_04 sy: Brenda J. Billingsley, Director Broward County Purchasing Division Sward gow4 Ikeda?Caurtry o e Sue Gumz n •Dare V.C.Holmes•Kristin Jambs•( ` ••Ilene Jo" 'E Rodman.Jr.•Babre Shade(•Lots Yadat 9iww.broviard.og • PREVIOUS CONTRACT NO.CX08316B3 BID NO. F0999113B1 DOCUMENT CHECKLIST: The following items may be required to determine Bid responsiveness. Please ensure that all applicable items are completed and submitted with your Bid. Failure to meet the applicable requirements may render your Bid non-responsive. Additional information for these items can be found throughout this Bid document. A. Bid/Addendum The Invitation for Bid must be signed in ink. if a MUST Addendum is required,it must be acknowledged on the Bid sheet or returned with your Bid. If a revised Bid sheet is required,it must be returned with the Addendum. B. Group Items ❑ not applicable C. County Business Enterprise(CBE)Documentation ❑ not applicable D. rstic Partnership Certification Domestic Partnership Certification-Attachment'CD E. Bid BondlGuaranty ❑ not applicable F. Licensing ❑ not applicable ADDITIONAL ITEMS: The following documents should be submitted with your bid, but no later than five (5) business days from request of the purchasing agent. A. Supplements/Attachments d1 ❑ Copy of Broward County Local Business Tax Receipt(For Broward County Vendors) PllT The Non-Collusion Statement The Vendor Questionnaire Vendor's List(Non-Certified Sub-contractors/Suppliers) Drug Free Workplace Certification—Attachment'B' Certificate of Insurance,per sample attached-Attachment'IX Litigation History Form—Attachment"E' [/ The Florida Department of State Certificate of Proof of application(see:sunbiz.org) All original Bids must be received In the Purchasing Division no later than 2:00 p.m. on the opening date specified. Late Bids will not be accepted. Please allow additional time for traffic and parking. This CheckUst Is for Informational purposes only, It Is not necessary to return. Commodities Contract—Non-Sheltered Market(No CBE Goals) Page 2 OF 29 12/15/2011 PREVIOUS CONTRACT NO.CX08316B3 BID NO. F0999113B1 PURCHASING DIVISION BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY, FLORIDA SPECIAL INSTRUCTIONS TO BIDDERS(IN ADDITION TO GENERAL CONDITIONS) POLYMER (NON-SHELTERED MARKET) LIVING WAGE SERVICE CONTRACT YES ❑ NO gi SUBMISSION OF SEALED BIDS: The Invitation for Bid form must be executed and submitted with all bid sheets and should be in a sealed envelope. The original should be signed in blue ink. Both the original bid and one(1)photocopy of your bid should be included in a single envelope. Bid submittals should not be professionally bound using metal fasteners except for stapling. The Bidder is responsible for retaining a copy of all submittals for their own records. The face of the envelope should contain the company name, address, date and time of bid opening, bid number and bid title. Bids not submitted on bid sheets may be rejected. Bidder should not submit bids on their own form or any other form other than Broward County Bid Sheet. All bids are subject to the conditions specified herein. Bids which do not comply with these conditions are subject to rejection. 1. SCOPE: Bids are hereby invited on an open-end basis for Polymer, a hazardous material, for Water and Wastewater Services and various other Broward County agencies that may have need of these services and products. The initial contract period shall start on date of award, or April 22, 2012, whichever is later and shall terminate one year from that date. The Contractor will complete delivery and the County will receive delivery on any orders mailed to the contractor prior to the date of expiration. 1. All prices, terms and conditions shall remain fixed for the initial period of the contract. In addition, all prices, terms and conditions shall remain fixed for the renewal period of the contract. 2. No price increase will be accepted during the initial contract period. Renewal terms allow for a request for an increase at the time of renewal based on vendor's cost increase not to exceed 3%. A written request must be submitted to the Director of Purchasing for approval of any Increase prior to renewal but not later than vendor's concurrence to renew, accompanied by vendor's documentation to substantiate need for price increase. The vendor must follow the procedures described in Section 24, Price Adjustment Clauses. No more than one price increase will be accepted during the renewal period. 3. There will be no allowable price escalations for fuel costs throughout any contract period(s),unless otherwise specified in this document. Contract Renewal: The Director of Purchasing may renew this contract for three, one-year periods subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the County. Notification of Intent to Renew will be mailed sixty (60) calendar days in advance of expiration date of this contract. Commodities Contract—Non• heltered Market(No CBE Goals) Pago 3 of 29 1211512011 PREVIOUS CONTRACT NO.CX08316B3 BID NO. F0999113B1 No guarantee is expressed or Implied as to the total quantity of commodities/services to be purchased under any open end contract. Estimated quantities will be used for bid comparison purposes only. The Board of County Commissioners reserves the right to: issue purchase orders as and when required, or, issue a blanket purchase order for individual agencies and release partial quantities or, issue instructions for use of Direct Purchase Orders by various County agencies, make random, open market purchases for any or all of the item(s) on any open end contract or, any combination of the preceding. No delivery shall become due or be acceptable without a written order by the County, unless otherwise provided for in the contract. Such order will contain the quantity,time of delivery and other pertinent data. However,on items urgently required,the seller may be given telephone notice,to be confirmed by an order in writing. 2. SPECIFICATIONS AND REQUIREMENTS: The specifications, requirements and services to be provided are stated in Attachment °A" attached hereto and made a part hereof. 3. CONTINGENCY FEES: By submission of this offer,contractor certifies that no contingency fees(sometimes known as a finder's fee) has been paid to any person or organization other than a bona-fide employee working solely for the vendor to secure a contract made pursuant to this solicitation. Violation of this policy may result in termination of any resultant contract and/or possible debarment of the contractor. 4. CONTACT INFORMATION: Bidders requiring additional information regarding any of the bid terms, conditions or administrative requirements should contact Kathy Davis, Purchasing Agent at 954.357.608,or kavis@broward.org. Bidders requiring technical clarifications should contact Karen Kleber, 954.831.0883. No change(s)and no interpretation(s) shall be considered binding unless provided to all bidders in writing by the Director of the Purchasing Division. 5. SECURITY REQUIREMENTS:not applicable 6. SPECIAL NOTICE: In accordance with OSHA Regulation 29 CFR 1926.1101(k) (2), bidders are notified of the presence of asbestos containing material and/or presumed asbestos containing material at some Broward County locations. 7. SITE VISIT AND/OR PRE-BID CONFERENCE:not applicable 8. DELIVERY AND ACCEPTANCE: Delivery time shall be computed in calendar days from the issuance date of purchase order. Although, actual requested date or number of calendar days for delivery may be specified, state on the Bid Sheet the number of calendar days required to make delivery and/or installation after issuance of purchase order or request for services. However, goods required for daily consumption, or where the delivery Is an emergency, a replacement, or overdue,the convenience of the Division shall govern. If, in calculating the number of calendar days from the order date, the delivery date falls on a Saturday, Sunday or holiday, delivery shall be made not later than next succeeding business day. Commodities Contract--Non-Sheltered Market(No CBE Goats) Page 4 or 29 12/1512011 PREVIOUS CONTRACT NO.CX08316B3 BID NO. F0999113B1 Delivery is FOB destination,freight included and is to be made to the following site(s): Water and Wastewater Services Warehouse 2555 W.Copans Rd Pompano Beach, FL 33069 9. SAMPLES.PRODUCT LITERATURE AND DESCRIPTIVE CATALOGUES: not applicable 10. INSURANCE REQUIREMENTS: (SAMPLE INSURANCE CERTIFICATE ATTACHED) (Attachment"D") CONTRACTOR must provide insurance commensurate with the minimum levels of coverage designated in the current Code of Federal Regulations(CFR)Title 49,'Transportation",Chapter 3, Subpart A,"Motor Carriers of Property", Part 387,°Minimum Levels of Financial Responsibility for Motor Carriers"and available at the U.S.Government Printing Office, via Internet at HTTP:/IECFR.GPOACCESS.GOV/CGI/T/TEXTITEXT- IDX?C=ECFR&SlD=288F8CD53FFA35B41661 C793174E45FF&RGN=DIV88VIEW=TEXT&NQDE=49:5.1.1.2.30. 1.11.1&IDN0=49. Where coverage is not specified by CFR,the CONTRACTOR will provide minimum limits of One Million Dollars ($1,000,000) of coverage per occurrence. Coverage subject to this bid may include: Comprehensive General Liability, Automobile Liability,Workers' Compensation (statutory), Employers' Liability and Pollution Liability. 11. WARRANTY: The bidder should specify any warranty applicable to the items bid. 12. LOCAL BUSINESS TAX RECEIPT REQUIREMENTS: AU vendors maintaining a business address within Broward County must have and provide a copy of a current Broward County Local Business Tax Receipt prior to contract award. The Contractor should provide a copy of its Local Business Tax Receipt within five (5) business days after request by the Purchasing Agent but prior to award by the Director of Purchasing or recommendation of award to the Board of County Commissioners,whichever is applicable. Failure to do so may result in your bid being deemed non-responsive. Local Business Tax Receipts will be required pursuant to Chapter 205.065, Florida Statutes. For further information on obtaining or renewing your firm's Local Business Tax Receipt, contact the Records, Taxes and Treasury Division at(954)357-6200. 13. CONTRACTOR RESPONSIBILITIES: 13.1 The CONTRACTOR will be responsible for the provision, installation and performance of all applicable equipment,materials,services,etc.offered in his or her Bid. The CONTRACTOR is in no way relieved of the responsibility for the performance of all equipment furnished, or of assuring the timely delivery of materials, equipment, etc. even though it is not of his or her own manufacture. Commodities Contract—Non-Sheltered Market(No CBE Goats) Page bop 29 12115/2011 • PREVIOUS CONTRACT NO.CX08316B3 BID NO. F0999113B1 13.2 CONTRACTOR shall perform the Work with Its own organization, amounting to not less than 100%of the Contract. 13.3 The Contract Administrator will document the contractors performance by completing a Vendor Performance Evaluation Form. A blank Performance Evaluation Form may be viewed at: htto://www.broward.oro/Purchasino/documents/vendomerformanceevaluationreauirements.ndf and will be completed by the Contract Administrator based upon the following factors: I For Master (open-end) Agreements and other continuing contracts by each using agency whose cumulative annual usage of the agreement exceeds $50,000, prior to any renewal, termination and upon the agreement expiration. iI. The Contract Administrator may also Initiate an interim evaluation at any time during the term for any contract 14. NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY. AND AMERICANS WITH DISABILITIES ACT: CONTRACTOR shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. CONTRACTOR shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by COUNTY, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, CONTRACTOR shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. CONTRACTOR decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation (Broward County Code, Chapter 16 1/2)in performing any services pursuant to this Agreement. 15. UVING WAGE ORDINANCE: not applicable 16. DOMESTIC PARTNERSHIP ORDINANCE:(Attachment"C") °Domestic Partnership Act-Ordinance No.2011-26 Effective November 15. 2011, the Domestic Partnership Act - Ordinance No. 2011-26 has been amended to require all Contractors contracting with Broward County in an amount of$100,000 or more, provide benefits to Domestic Partners of its employees on the same basis as it provides benefits to employees spouses, with certain exemptions as provided by the Ordinance. See attachment titled °Domestic Partnership Certification° which MUST be returned with your submittal if your bid price Is $100,000 or more for a fixed contract or$100,000 or more for the initial term of an open-end contract.° 17. CONE OF SILENCE ORDINANCE: 17.1 The County's Cone of Silence Ordinance prohibits certain communications among vendors, county staff,-selection committee members, Commissioners and their staff. Any violations of this ordinance by any members of the responding firm or its joint venture(s) may be reported to the County's Office of Professional Standards. For Invitations for Bids the Cone of Silence shall be in effect for staff involved in the award decision process at the time of the solicitation advertisement. The Cone of Silence shall be in effect for the Board of County Commissioners upon bid opening for the solicitation. Pursuant to Section 1-266, Broward County Code of Ordinances, as amended, the Cone of Commodities Contract—NonSheltered Market(No CBE Goals) Page 6 of 29 121512011 PREVIOUS CONTRACT NO.CX08316B3 BID NO. F0999113B1 Silence Ordinance provides that after the advertisement of the bid solicitation, potential vendors and their representatives are substantially restricted from communicating regarding the Bid with the County Administrator, Deputy County Administrator, Assistant County Administrator, Assistants to the County Administrator, their respective support staff, or any or any staff person that is to evaluate or recommend selection in this bid process.The Cone of Silence Ordinance further provides that after the bid opening for this solicitation, potential vendors and their representatives are substantially restricted from communicating regarding this Bid with the County Commissioners and their staff. 17.2 This County's Ordinance prohibits certain communications among vendors, county staff, and selection committee members. Any violations of this ordinance by any members of the responding firm or its joint venturers may be reported to the County's Office of Professional Standards. 17.3 The Cone of Silence terminates when the County Commission or other awarding authority takes action which ends the solicitation. 18. SUPPLEMENT TO PURCHASE ORDER(Federal Fundinv):(not applicable 19. COUNTY BUSINESS ENTERPRISE(CBE): 19.1 The Broward County Business Enterprise Program(CBE Program)shall not apply to this contract. There is no CBE participation goal assigned to this contract. Although no CBE goal has been established for this contract,the County encourages contractors to give full consideration to the use of CBE firms to perform work under the contract 20. B(DJPROPOSAL GUARANTY: not applicable 21. PERFORMANCE AND PAYMENT GUARANTY:not applicable 22. QUAUFICATIONS OF SURETY: not applicable 23. MULTIPLE AWARDS:not applicable 24. PRiCE ADJUSTMENT CLAUSES: 24.1 Price Escalation Caused by Raw Material Cost increase The vendor a complete isage t5 Price Adjuslnent Section, for this escalation clause to be applicable. The Vendor must provide the%of product that is attributable to the final product cost to Broward County. Beginning with the first contract anniversary date, if the price of this product is increased a minimum of 3%over the price in effect at the time the vendor submitted the bid,the vendor may request a price increase not to exceed 3%. The price adjustment is allowable only if justified by the Producer Price Index (PP1) WPU066, Group: Chemicals and Allied Products, Item: Plastic Resins and Materials(See 24.2), or equivalent index, and will be based on the annual %change. The vendor must request an increase in writing to the Director of Purchasing. This request must be accompanied by the appropriate documentation supporting the vendor's claim of a need for a price increase. At a minimum, this documentation must show the current price, proposed price and percentage Increase. Written notification will be sent to the Contractor by the Director of Purchasing of the decision to accept or not accept the price increase. In the event of non-acceptance of such revision the Commodities Contract—Non-Sheltered Market(No CBE Goals) Page 7 OF 29 PREVIOUS CONTRACT NO.CX08316B3 BID NO. F0999113B1 Contract will be deemed terminated as of the close of business the day prior to the effective date of change as stated in Contractor's submission. In the event of a price increase the new prices will apply only to the orders placed after the acceptance by the County. Any orders placed prior to the effective date will not be affected and will be invoiced at the prices in effect at the time the order was placed. The Contractor will complete delivery and the County will receive delivery on any orders mailed to the Contractor prior to the termination date even if no Increase Is granted by the Director of Purchasing. Failure to complete delivery could cause the Contractor to be debarred from doing business with the County according to the Broward County Procurement Code Section 21.119, Authority to Debar or Suspend. If during the contract period, the price of this product is decreased by 3% below the price In effect at the time the vendor submitted a bid,the vendor is required to extend to the County a price decrease equal to the overall price decrease experienced in the product manufacture, handling or shipping as a direct result of the price decrease. The same data base and procedure applicable for a price increase will be used for a price decrease. The vendor is to notify the Director of Purchasing of any Price Decreases ninety days prior to contract renewal. If the vendor does not notify, the Director of Purchasing may request a reduction in price from the vendor in writing prior to contract renewal or forty-five(45)days prior to the effective date of change. If the vendor does not agree to the decrease, the Director of Purchasing must be notified no later than thirty (30) days prior to the effective date of the change. If the vendor fails to notify the Director of Purchasing of non-acceptance within the time frame, it shall mean the vendor concurs with it and the new prices will take effect. In the event of non-acceptance by the vendor of such revision the contract will be deemed terminated as of the close of the business day prior to the proposed effective date of change. 24.2 Producer Price Index:http://www.bls.gov/ppi/data.htm,see sample next page. Commodities Contract—Non-Sheltered Market(No CBE Goals) Page 8 OF 29 1211€12011 PREVIOUS CONTRACT NO.CX08316B3 BID NO. F0999113B1 Bureau of Labor Statistics Data Page 1 of l Aso z Nan I FAO 1 Meta BLS I Cried us Resat so Sonilfdasa min Mans Now I Wawa Calendar I Is Map Search 0/Scat IIMI Homo 1 Subject Rubs I Databases a Toole I Publics Eons I Econooda Releases I Bob I Databases, Tables & Calculators by Subject Ao�r e® Chess Output lama ma a T. nu j1 Ito 1 D idude Xhs hltustaimiAgnsLaselftEsallw Data extracted on:lanrmry 73,2012(4:07:59 P14) Producer Pr(ce Itlde x.Cotltmodltlos Saida. ads W90066 Not Seasonally Adjusted Groups Cbsaieals and allied products new Plastic realm and sat:rlals lase Dates 198200 Dewldccd:said. Year Jas Feb Mar Apr I usy Jun Jed kts9 Sep Oct ' Nov Dec Annual l 2010 195.0 2064 209.2 7214 1213.1 208.1 212.7 211.1 210.7 213.0 210.3 208.4 210.1 2011 213.2 210.9 213.2.224.1 233.5 739.4136.7 233.8 244.9(P) 135.4(P) 240.0(P) 721.3(P) 231.9(P) P:Pialmbtatl►.A9 Neat are subject to rabbi by modus Masai/Ind pLi14ca11en. i TOOLS ; CALCULATORS . KW a¢O . RESOURCES Areas s1 a Giseroe , Inflation Kelp&Tubdab • Mats Hew : Impeder Cannel(010) etn ek'st a Gene : Wagon McGee! FAO' . Comma 81.5 , Oidgu and Performer= &weak,Released : bilwy And buss Mum 1 Fbd id COL ; No Feat Act Oafabaae'd Tobias Abed BLS 1 Jobr our MaDrog Liele ; USApov Maps ! Coined Us I linking a Copptchs bb a Berreleeeov I I DisabOyeev IFaad'e af lessee sdran ea I Nom,asmear moment I ergs 1 DestamerSumy I beepaetiotWeb Ste Snakes kes I U.S.Oman d Labor Ssthece I Peed Swans Meg.2tlemadwsees Avenue.NIWasidleee.DC20212.0001 Wsud bbpov 1 Tdeplaewe:1-202G91.510tH TDD:1-0914774339 I Contsotib http://data.bls.gov/pdg/SurveyOutputServ1et 1/23/2012 PREVIOUS CONTRACT NO.CX08316B3 BID NO. F0999113B1 25. PREFERENCES: No contractor shall receive more than one county-authorized preference for the same procurement. If a contractor is eligible for more than one County-authorized bid preference for a particular procurement, the contractor shall be eligible to receive only the bid preference that is most favorable to the contractor. If the solicitation involves a federally funded project where the fund requirements prohibit the use of state and/or local preferences, such preferences contained in the County's Local Vendor Ordinance and Procurement Code will not be applied in the procurement process. 25.1 LOCAL PREFERENCE CLAUSE: In accordance with Broward County Ordinance No. 2004-29, the Broward County Board of County Commissioners provides a local preference. This preference includes any county with which the Broward County Board of County Commissioners has entered into an inter-local agreement of reciprocity. Except where otherwise provided by federal or state law or other funding source restrictions, an apparent low bidder outside the preference area and a local bidder whose submittal is within 10% of the apparent low bid will be given the opportunity to submit a best and final offer. Award will then be to the low responsive, responsible bid. Local business means the vendor has a valid occupational license issued by the county within which the vendor conducts their business at least one year prior to bid or proposal opening,that authorizes the business to provide the goods, services or construction to be purchased and a physical address located within the limits of said county, in an area zoned for the conduct of such business,from which the vendor operates or performs business on a day-to-day basis that is a substantial component of the goods or services being offered. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing a physical address. Local business means the vendor has a valid occupational license issued by the county within which the vendor conducts their business at least one year prior to bid or proposal opening,that authorizes the business to provide the goods, services or construction to be purchased and a physical address located within the limits of said county, in an area zoned for the conduct of such business,from which the vendor operates or performs business on a day-to-day basis that is a substantial component of the goods or services being offered. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing a physical address. 25.2 RECYCLE PREFERENCE: not applicable 26. DRUG-FREE WORKPLACE CERTIFICATION: (Attachment°B°) Broward County Procurement Code Chapter 21.31.a. requires awards of competitive sealed bids and sealed proposals requiring Board Award be made only to firms certifying the establishment of a drug free workplace. The Drug Free Workplace Certification should be furnished within five (5) business days after request by the Purchasing Agent but prior to recommendation of award to the Board of County Commissioners. Failure to provide this certification will render your office unqualified and ineligible for award. 27. BATTERY DISPOSAL:not applicable 28. DUN&BRADSTREET REPORT REQUIREMENT The submittal of a Dun & Bradstreet Report (s) (D&B Report) may be necessary for this bid as a condition for award. If required, the Contractor should have the D&B Report submitted to the County within ten (10) days of the County's request. The Contract Administrator for this project will determine the need for and the type(s) of D&B Report as soon as possible after bid opening. If implemented,the cost for the D&B Report will be paid for by the County as a pass-thru cost(no markup will allowed and invoice verification of cost will be required) Commodities Contract—Non-Sheltered Market{No CBE Goals) Page 10 OF 29 12115!2011 PREVIOUS CONTRACT NO.CX08316B3 BID NO. F0999113B1 For any further information you require,please contact Dun&Bradstreet at: Phone Number. (800)234-3867 Fax Number: (610)807-1075 NOTE: The County may elect to utilize a report submitted by the bidder if issued within the previous six (6) months. 29. E VERIFY PROGRAM CERTIFICATION not applicable 30. NON-COLLUSION STATEMENT: By signing this offer, the vendor certifies that this offer is made independently and free from collusion. Vendor shall disclose below, to their best knowledge, any Broward County officer or employee, or any relative of any such officer or employee as defined in Section 112.3135(1)(c), Fla.Stat. (1989),who is an officer or director of, or has a material interest in, the vendor's business, who is in a position to influence this procurement. Any Broward County officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, to be in a position to Influence this procurement. For purposes hereof, a person has a material interest if he or she directly or indirectly owns more than 5 percent of the total assets or capital stock of any business entity,or If he or she otherwise stands to personally gain if the contract is awarded to this vendor Failure of a vendor to disclose any relationship described herein shall be reason for debarment in accordance with the provisions of the Broward County Procurement Code. NAME RELATIONSHIPS N/A In the event the vendor does not indicate any relationship by leaving the above section blank, the County will take this to mean the vendor means no such relationships exist. NAME OF COMPANY: Polydyne inc. Commodities Contract—NonSheltered Market(No CBE Goals) Page 71 OF 29 12/1612011 PREVIOUS CONTRACT NO.CX08316B3 BID NO. F0999113B1 31. SCRUTINIZED COMPANIES UST:not applicable Any company, principals, or owners on the Scrutinized Companies with Activities in Sudan List or on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List is prohibited from submitting a bid, proposal or response to a Broward County solicitation for goods or services in an amount equal to or greater than $1 million. Therefore, if applicable, each company submitting a bid, proposal,or response to a solicitation must certify to the County that it is not on either list at the time of submitting a bid, proposal or response. The certification form will or_A be attached to a solicitation if the estimated purchase amount is $1 million dollars or greater and must be submitted at the time of submitting a bid, proposal or response. Under the circumstances, the County estimated purchase amount is no greater than $1 million dollars, but bid, proposal, response or resulting contract is $1 million dollars or greater, the County will exercise the right to require firm to submit the certification form by the imposed deadline. In either case,failure to timely provide the certification shall deem the submittal non-responsive. Commodities Contract—Non• heitered Market(No CBE Goals) Page 12 of 29 1211512911 PREVIOUS CONTRACT NO.CX0831553 BID NO. F0999113B1 No SHEET POLYMER (NON-SHELTERED MARKETI TO: BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY, FLORIDA All blanks have been filled in, BID SHEET Is attached to the completed "Invitation For Bid" and returned herewith. In accordance with all terms, conditions, specifications and requirements, the bidder offers the following. 1. Vendor must quote one of the following Qualified Products,which were qualified by Broward County on RFI F0940203F1,August/September 2011: Manufacturer/Qualified Product Manufacturer!Product Part Number Offered Offered Clarif1 Polydyne/CLARIFLOC EA-149 Polydyne Inc./EA-149 2. Vendor must complete the formula below to determine the Total Cost to process 17,500 Tons of Sludge/Year. The cost to treat one dry ton of Belt Press processed sludge is the dosage times the cost per pound. The Dosage equals the number of pounds of Polymer required to process one dry ton of sludge. Dosage/Qty of Polymer (Al Unit Price(B) Coster Process One Ton of Sludge(IC) 41.46 /u3$ X $ 1.08 Il_B = $ 44.78 Dosage/Qty of Polymer (A) Est Annual Qty of Sludge to be processed Est Annual ReguirementslPolvmer(D) 41'96 LBS X 17,500 Tons = . 725'55° LBS ENTER ANNUAL COMMODITY CODE #88536 UNIT NO. QUANTITY(From D above) DESCRIPTION PRICE PRICE 1 725,550 LBS Belt press polymer required to process 17,500 Tons of sludge annually,based on the formula above. $1.08 /LB $ 783594.00 From(B)above NAME OF COMPANY: Polydyne Inc Commodities Contract—Non.Slrerterod lancet(No CBE Goals) Page 13 OF 29 12!1512091 PREVIOUS CONTRACT NO.CX08316B3 BID NO. F0999113B1 Delivery shall be made between 8 a.m.and 3 p.m.,Monday through Friday,except holidays. Delivery at other times shall be by special arrangement only. Delivery should not exceed 10 business days of the receipt of Purchase Order. Delivery MUST be FOB destination,freight included and shall be inclusive of all costs. Current andlor anticipated applicable fuel costs should be considered and included in the price quoted. Please Indicate delivery time after receipt of Purchase Order. 10 A.R.O. business days. Bid results will be posted to the Broward County Purchasing website at http:Ubroward.orglPurchasinglPages/SolicitationResult.aspx NAME OF COMPANY: Polvdvne Inc AUTHORIZED SIGNATURE: A.,` 1. By signing this bid sheet your " is agreeing to the terms and conditions of the invitation for Bid. Lawrence D.Grizzle,Business Manager Commodities Contract—Non-Sheltered Market(No CBE Goals) Page 14 of 29 12/15/2011 PREVIOUS CONTRACT NO.CX06316B3 BID NO. F0999113B1 BID SHEET (Continued) POLYMER (NON-SHELTERED MARKET) Please indicate if delivery will be made by: Common Carrier X Company Vehicle Other Vendor represents that its business is regular/engaged in and routinely sells the product(s) offered within this bid. YES NO ❑ Vendor affirms that it is an authorized dealeNseller of the product(s) offered herein on or before the opening date, and warranty offered is the manufacturer's warranty with Broward County recorded as the original purchaser. YES ® NO ❑ Broward County reserves the right to request proof thereof prior to award. INSURANCE EXCEPTION REQUESTS: In accordance with Paragraph 10.6 of "Special Instructions to Bidder" indicate if an exception to insurance requirements is being requested. Be specific and state reason: N/A ACCEPTANCE OF CREDIT CARDS: The County is considering making faster payments to our vendor community,In doing so we would prefer to make payment using Visa credit card. Would your company accept Visa credit card as payment from Broward County? YES ® NO ❑ PREFERENCES: DO YOU QUALIFY FOR THE LOCAL PREFERENCE CLAUSE? YES ❑ NO PRICE JUSTIIAENf SEahON: Price of Cladfloc EA-149 $1.08 per liquid pound • Date 02/21/2012 Percentage( 75 %) of final product attributable to Polymer(Product). NAME 8 ADDRESS OF SUPPUER Polydyne Inc. 1 Chemical Plant Road Riceboro,GA 31323 Commodities Contract—Non-Shattered Market(No CBS Goals) Paso 16OF 20 12/1612011 PREVIOUS CONTRACT NO.CX08316B3 BID NO. F0999113B1 OTHE)t GOVERNMENT ENTITIES: THE UNDERSIGNED BIDDER WILL EXTEND THE SAME PRICE, TERMS AND CONDITIONS TO OTHER GOVERNMENTS LOCATED IN BROWARD COUNTY DURING THE PERIOD COVERED BY THIS CONTRACT, IF REQUESTED. YES ❑ NO IN VENDOR FAX# (912)880-2078 WILL THIS PRICING BE EXTENDED TO OTHER GOVERNMENTS LOCATED IN MIAMI-DADE OR PALM BEACH COUNTIES? YES ❑ NO OTHER GOVERNMENTS LOCATED WITHIN THE STATE OF FLORIDA? YES ❑ NO El ADDENDA: UST BELOW ALL ADDENDA(IDENTIFIED BY NUMBER)THAT YOUR COMPANY HAS RECEIVED AND HEREBY ACKNOWLEDGES SINCE ISSUANCE OF THIS BID: #1 NOTICES TO BIDDER: 1. PLEASE COMPLETE APPLICABLE INFORMATION ON THE FACE OF THE INVITATION FOR BIDIBIDDER ACKNOWLEDGMENT FORM (IFS). IF THE COUNTY DOES NOT HAVE THE CORRECT INFORMATION, PAYMENTS CANNOT BE MADE TO YOUR FIRM. 2. BE SURE TO HAVE THE INVITATION FOR BID, [BIDDER ACKNOWLEDGMENT FORM] SIGNED BY AN AUTHORIZED REPRESENTATIVE OF YOUR FIRM OR YOUR BID WILL NOT BE CONSIDERED RESPONSIVE. NAME OF COMPANY: Polydyne Inc. Commodities Contract—NonShefered Market(No CBE Goals) Page 160F 29 12/1512011 PREVIOUS CONTRACT NO.CX08316B3 BID NO. F0999113B1 VENDOR QUESTIONNAIRE INFORMATION CONTAINED IN THIS DOCUMENT WILL BE USED BY THE COUNTY IN DETERMINING THE RESPONSIBILITY OF A RESPONDENT.THERE MUST BE A RESPONSE TO ALL QUESTIONS IN THIS DOCUMENT. INFORMAT'JON IVi.IST EITI:IER BE•PROVIDED 7OR M INDICATION OF"NONE"(IFAPPROPRIAIEL bb NOT USE Mar-AS A RESPONDETO ANY QUESTION: THIS COMPLETED FORM, INCLUDING A RESPONSE TO ALL QUESTIONS, SHOULD BE SUBMITTED WITH THE SOLICITATION; HOWEVER, IT MUST BE SUBMITTED WITHIN FIVE(5)WORKING DAYS OF THE COUNTY'S REQUEST. FAILURE TO PROVIDE THE COMPLETED FORM MAY RESULT IN THE SOLICITATION BEING DEEMED NON-RESPONSIVE. The undersigned authorized representative of the Respondent certifies the truth and accuracy of all statements and the answers contained herein. 1. How many years has your organization been in business? 20+years 1A. What type of service/commodity does your company offer? Supply of polymer for water and wastewater treatment. 2. What is the last project of this nature that you have completed? City of Jacksonville(JEA),2400 Talleyrand Ave.,Jacksonville,FL, 32202 Charles Crosby(904)665-8352 3. Have you ever failed to complete any work or not timely shipped commodities awarded to you? If yes,when and why? No NAME OF COMPANY: Polydyne Inc. Commodities Contract—NonSheltered Market(No CBE Goals) Page 17OF 29 17/1512011 PREVIOUS CONTRACT NO.CX08316B3 BID NO. F099911381 VENDOR QUESTIONNAIRE (Continued) 3A. Give owner names,addresses and telephone numbers, and surety and project names,for all projects for which you have performed work,where your surety has intervened to assist in completion of the project,whether or not a claim was made. None 4. Give names, addresses and telephone numbers of three individuals,corporations, agencies,or Institutions for which you have performed work or sold similar commodities to:Robert Bates 4.1 Louisville M.S.D. 4522 Algonquin Parkway,Louisville,KY 40211 (502)5404733 (Contact Name) (Address) (Phone No.) 07-0821 09/01/07-08/31/12 (Contract Number) (Date Services PEW . a 4.2 Buffalo Sewer Authority 90 West Ferry Street,Buffalo,NY 14213 (716)883-1820 Ext.285 (Contact Name) (Address) (Phone No.) 09/15/05-06/30/13 (Contract Number) (Date Seri cceetiPocr vi ed) 4.3 City of Austin 2210 S.F.M.973,Austin,TX 78725 (512)972-1953 (Contact Name) (Address) (Phone No.) STA-0186 04/01/09-03/31/12 (Contract Number) (Date Services Provided) 5. List the following information concerning all contracts in progress as of the date of submission of this solicitation. (In case of co-venture,list the information for all co-venturers.) TOTAL DATE OF %OF NAME OF OWNER OF CONTRACT COMPLETION COMPLETION PROJECT PHONE NO. VALUE PER CONTRACT TO DATE In addition to having completed contracts with the above listed customers,we currently are in contracts with these customers. An exhaustive listing of all current contacts Polydyne Inc.holds would be in excess of seventeen hundred. (Continue list on insert sheet,if necessary.) NAME OF COMPANY: Polydyne Ina Commodities Contract—NonSheltored haricot(No CBE Goals) Page 18 of 29 PREVIOUS CONTRACT NO.CX08316B3 BID NO. F0999113B1 VENDOR QUESTIONNAIRE (Continued) 6. Has a representative of the Respondent completely inspected the proposed project site and does the Respondent have a complete plan for its performance? As the current supplier of polymer to Broward County,Polydyne Inc.has inspected and is familiar with this project. 7. State the name of your proposed project manager and superintendent and give details of his or her qualifications and experience in managing similar work. Larry Fenimore,Senior Sales Representative,has more than twenty five(25)years of experience in the water treatment industry. Chris Cherp,Technical Sales Representative,is a de_greed Chemical Engineer with five years of experience in the water treatment industry. 8. State the true,exact, correct and complete name of the partnership, corporation or trade name under which you do business and the address of the place of business. (If a corporation, state the name of the president and secretary. If a partnership, state the names of all partners. If a trade name, state the names of the individuals who do business under the trade name). 8.1 The correct name of the Respondent: Polydyne Inc. 8.2 The business is a(Sole Proprietorship)(Partnership)(Corporation): Corporation 8.3 The address of principal place of business: 1 Chemical Plant Road,Riceboro,GA 31323 NAME OF COMPANY: Polydyne Inc. Commodities Contract—Non-Sheltered Market(No CBE Goals) Page 19 of 29 121512011 PREVIOUS CONTRACT NO.CX08316B3 BID NO. F0999113B1 VENDOR QUESTIONNAIRE (Continued) 8.4 The names of the corporate officers, or partners,or individuals doing business under a trade name, are as follows: Please see attached"Polydyne Inc.General Information"sheet. 8.5 Ust all organizations which were predecessors to Respondent or in which the principals or officers of the Respondent were principals or officers. Polydyne Inc.was created in 1995 through acquisitions ofPolypure and Secodyne by SNF Holding Company. 9. Ust and describe all successful Performance or Payment Bond claims made to your surety(ies)during the last three(3)years. The list and descriptions should include claims against the bond of the Respondent and its predecessor organization(s). None 9.1 Has the Respondent, its principals,officers or predecessor organizations)been debarred or suspended from bidding by any government during the last three(3)years? If yes,provide details. None NAME OF COMPANY: Polydyne Inc. . Commodities Contract—NonSheltered Market(No CBE Goals) Page 20 OF 29 12r1512O11 PREVIOUS CONTRACT NO.CX08316B3 BID NO. F0999113B1 VENDOR QUESTIONNAIRE (Continued) 10 LITIGATION HISTORY REQUIREMENT:Attachment"[E]". The County will consider a vendor's litigation history Information in Its review and determination of responsibility.All vendors are required to disclose to the County all"material"cases filed or resolved in the three (3) year period ending with the solicitation response due date, whether such cases were brought by or against the vendor, any parent or subsidiary of the vendor, or any predecessor organization. If the vendor is a joint venture, the information provided should encompass the joint venture(if it is not newly-formed for purposes of responding to the solicitation) and each of the entities forming the joint venture. For purpose of this disclosure requirement, a "case" includes lawsuits, administrative hearings and arbitrations.A case is considered to be"material"if it relates,in whole or in part,to any of the following: 1. A similar type of work that the vendor is seeking to perform for the County under the current solicitation; 2. An allegation of negligence, error or omissions, or malpractice against the vendor or any of its principals or agents who would be performing work under the current solicitation; 3. A vendor's default, termination, suspension, failure to perform, or improper performance in connection with any contract 4. The financial condition of the vendor, including any bankruptcy petition (voluntary and involuntary); or 5. A criminal proceeding or hearing concerning business-related offenses in which the vendor or its principals(including officers)were/are defendants. Notwithstanding the descriptions listed in paragraphs 1 — 5 above, a case is not considered to be "material"if the claims raised in the case involve only garnishment, auto negligence, personal injury, or a proof of claim filed by the vendor. For each material case, the vendor is required to provide all information identified in the form attached as Attachment"[E]". A Vendor is also required to disclose to the County any and all case(s)that exist between the County and any of the vendor's subcontrac tors/subconsuitants proposed to work on this project. Failure to disclose any material case, or to provide all requested information in connection with each such case, may result in the vendor being deemed non-responsive. Prior to making such determination, the vendor will have the ability to clarify the submittal and to explain why an undisclosed case is not material. 11. Only Applicable to Livinq Wade Contracts: not applicable NAME OF COMPANY: Polvdvne Inc. Commodities Contract—Non-Sheltored Market(No CBE Goals) Page 21 of 29 1211172011 e .� PREVIOUS CONTRACT NO.CX08316B3 BID NO. F0999113B1 BPARD W ss•• COUNTY F L O R I D A FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT PURCHASING DIVISION 1168.ANDREWS Manua,Room 212•FORT LAUDERDALE,FLORIDA 33301•9544574065•FAX 954-357.6538 VENDOR'S LISTINON—CERTIFIED SUBCONTRACTORS AND SUPPLIERS INFORMATION) THIS FORM SHOULD BE SUBMITTED WITH THE BID;HOWEVER,IT MUST BE SUBMITTED WITHIN 5 CALENDAR DAYS OF COUNTY'S REQUEST. PROVIDE THIS INFORMATION FOR ANY SUB VENDOR(S)WHO WILL PROVIDE A SERVICE TO THE COUNTY FOR THIS SOLICITATION. THIS INCLUDES MAJOR SUPPUERS AS WELL. 1. FIRM'S NAME: Polydyne Inc. 2. FIRM'S ADDRESS: 1 Chemical Plant Road,Riceboro,GA 31323 3. FIRM'S TELEPHONE NUMBER: (912)880-2035 FIRM EMAIL ADDRESS: PolyBIdDpt@snflic.com 4. CONTACT NAME AND POSITION: Lawrence D.Grizzle,Business Manager 5. ALTERNATE CONTACT NAME AND POSITION: Randal Vickery,Bid Coordinator 6. ALTERNATE CONTACT TELEPHONE NUMBER: (800)848-7659 EMAIL ADDRESS:PolyBidDpt@snthc•com 7. BID/PROPOSAL NUMBER: F0999113B1 CONTRACTED AMOUNT: 783•59440 8. TYPE OF WORK/SUPPUES BID: Polymer AWARD DATE: 1. FIRM'S NAME: 2. FIRM'S ADDRESS: 3. FIRM'S TELEPHONE NUMBER: FIRM EMAIL ADDRESS: 4. CONTACT NAME AND POSITION: 5. ALTERNATE CONTACT NAME AND POSITION: 6. ALTERNATE CONTACT TELEPHONE NUMBER: EMAIL ADDRESS: 7. BID/PROPOSAL NUMBER: CONTRACTED AMOUNt 8. TYPE OF WORK/SUPPUES BID: , AWARD DATE I CERTIFY T THE INFORMATION SUBMITTED IN THIS REPORT IS IN FACT TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE Business Manager 02/21/2012 SIGNATURE TITLE DATE Lawrence D.Grizzle NOTE:THE INFORMATION PROVIDED HERON IS SUBJECT TO VERIFICATION BY THE PURCHASING DIVISION. USE ADDITIONAL SHEETS FOR MORE SUBCONTRACTORS OR SUPPUERS AS NECESSARY. Commodless Contract—NonSAelterod Market(No CBE Goals) Page 22or 29 12/1512011 PREVIOUS CONTRACT NO.CX08316B3 BID NO. F0999113B1 ATTACHMENT"A" SPECIFICATIONS ITEM DESCRIPTION&SPECIFICATIONS VENDORS SHOULD SHOW WHAT IS OFFERED INCLUDING ANY DEVIATIONS FROM THE DESCRIPTION AND SPECIFICATIONS. THE PRODUCT OFFERED BY THE BIDDER MUST ON AN OVERALL BASIS BE EQUAL OR GREATER IN QUALITY OR PERFORMANCE THAN THE BID SPECIFICATIONS. BROWARD COUNTY RESERVES THE RIGHTTO BE THE SOLE JUDGE OF WHAT IS EQUAL AND ACCEPTABLE. BIDS WHICH DO NOT COMPLY WITH THESE REQUIREMENTS ARE SUBJECT TO REJECTION. DESCRIPTION 1. QUAUFIED PRODUCT LIST:THIS BID IS ONLY FOR THE POLYMER PRODUCTS LISTED BELOW WHICH HAVE BEEN TESTED BY THE BROWARD COUNTY WATER AND WASTEWATER OPERATIONS DIVISION AND ARE ON AN APPROVED -QUAUFIED PRODUCTS LIST'(QPL). VENDOR MUST COMPLETE 1.1.C.OR 1.2.C. 1.1(A) MANUFACTURER: POLYDYNE 1.1(8) MANUFACTURER'S PRODUCT NAME: CLARIFLOC EA-149 No.OF POUNDS REQUIRED TO "(CI PROCESS ONE TON OF DRY SLUDGE: 41.46Lbs/DT 12(A) MANUFACTURER: 1.2(B) MANUFACTURER'S PRODUCT NAME: 1.2(c) No.OF POUNDS REQUIRED TO NIA ONE TON OF DRY SLUDGE: COMPLY? CAPTURE RATE: 2.THE MINIMUM QUAUFICATIONS CAPTURE RATE ARE: YES NO 2.1 MINIMUM CAKE%DRY SOUR =14.5% IX p 14.80 MINIMUM FILTRATE CAPTURE = 92% DC O 99.74 22 2.3 MINIMUM SouDS LOADING =1400 LB/HR DC 0 1636 3. PRODUCT YES NO COMMENTS EACH PRODUCT'S PERFORMANCE DOSAGE SHALL BE 3.1 USED ON RESPECTIVE VENDOR'S BID. Qt CI MINIMUM ORDER WILL BE ONE TANKER TRUCK LOAD, 3.2 APPROXIMATELY 40,000 LBS. p Cornmoditles Contract—NonShaltered Market(No CBE Goals) Page 23 co 29 imam i PREVIOUS CONTRACT NO.CX08316B3 BID NO. F0999113B1 PRODUCT TO BE SUPPLIED IN UQUID FORM—PRICE PER 3.3 POUND,UNIT PRICE TO BE DELIVERED IN LIQUID FORM (NOT DRY WEIGHT). 0 4. TECHNICAL SPECIFICATIONS: 4.1 MUST BE A CATATONIC POLYELECTROLYTE 0 42 EMULSION/DISPERSION TYPE o 4.3 MusT HAVE A HIGH MOLECULAR WEIGHT o CC COMPLY? COMMENTS 4.TECHNICAL SPECIFICATIONS(coNT.): YES NO MUST BE SUPPUED IN 4000 TO 5000 GALLONS PER an Lbs of Polymer=i(iauon 4.4 BULK DELIVERY. (NOTE:APPROXIMATELY 8.6 GALLONS 0 of Polymer. OF POLYMER=1 LB OF POLYMER) 4.5 MUST HAVE A HIGH VISCOSITY 0 _ 4.6 MUST BE NON-TOXIC Q 0 4.7 MUST HAVE A 9 MONTH SHELF LIFE 0 4.8 MUST BE NON-COMBUSTIBLE I 0 4.9 SHOULD REQUIRE NO MIXING IF STORED aC 0 5. GENERAL REQUIREMENTS: MATERIAL SAFETY DATA SHEET (MSDS) MUST 5.1 ACCOMPANY BID SUBMITTAL 0 LAB ANALYSIS REPORT OF THE PRODUCT OFFERED IS 5.2 TO BE INCLUDED WITH EACH SCHEDULED PRODUCT 0C 0 DELIVERY. IF THE POLYMER CAUSES OPERATIONAL PROBLEMS, OR DOES NOT PERFORM UP TO THE MINIMUM t 0 5.3 STANDARDS, THE COUNTY RESERVES THE RIGHT TO CANCEL THE CONTRACT AND PURCHASE THE GOODS IN THE OPEN MARKET AT THE EXPENSE OF THE VENDOR. PRODUCT OFFERED COMPLIES WITH ALL APPLICABLE 5.4 FEDERAL AND THE STATE OCCUPATIONAL SAFETY AND 2f 0 HEALTH ACT,LAWS,STANDARDS AND REGULATIONS. POLYMER SHOULD BE DELIVERED WITHIN TEN (10) 5.5 BUSINESS DAYS FROM DATE OF ORDER 0 5.6 DELIVERY PRICE IS INCLUDED IN PRICE OF POLYMER 0 DELIVERIES SHALL BE MADE IN A SAFE AND 5.7 REASONABLE MANNER SUCH THAT DOT,OSHA AND OTHER REGULATORY CODES ARE NOT VIOLATED _ Commodities Contract—Nort-Shefared Market(No CBE Goals) Page 24 OF 29 1215/2011 PREVIOUS CONTRACT NO.CX08316B3 BID NO. F0999113B1 6. SECURITY:THE CHEMICAL VENDOR MUST COMPLY WITH THE COUNTY'S SECURITY REQUIREMENTS AS FOLLOWS: AT THE TIME OF DEUVERY TO BROWARD COUNTY WATER OR WASTEWATER FACIUTIES, THE CONTRACTOR MUST PROVIDE TO THE COUNTY A 6.1 CERTIFICATE OF ANALYSIS OR EQUIVALENT, CERTIFYING THAT THE PRODUCT IS FREE OF ANY IN 0 CONTAMINATES THAT WOULD JEOPARDIZE THE SAFETY AND PUBUC WELFARE OF OUR CUSTOMERS. THE CONTRACTOR WILL CONDUCT, AT A MINIMUM CRIMINAL BACKGROUND CHECKS(RESIDENT STATE OR DOMICILE)OF AU.STAFF INVOLVED WITH THE DELIVERY OF THE CHEMICAL TO A BROWARD COUNTY WATER OR 62 WASTEWATER FACILITY. THE BACKGROUND CHECKS ARE TO BE PRODUCED UPON DEMAND BY THE COUNTY C 0 CONTRACT ADMINISTRATOR. BROWARD COUNTY RESERVES THE RIGHT TO REFUSE ADMITTANCE TO CONTRACTOR BASED ON FINDINGS*. AT THE TIME OF DELIVERY TO BROWARD COUNTY WATER OR WASTEWATER FACILITY.THE CONTRACTOR 6.3 WILL PLACE TAMPER PROOF SECURITY SEALS ON AU. I 0 CHEMICAL ACCESS PORTS ON TRANSPORT VEHICLES DELIVERING TO BROWARD COUNTY FACILITIES. CONTRACTOR'S PERSONNEL SHALL BE REQUIRED TO WEAR A UNIFORM AND A COMPANY IDENTIFICATION 6.4 BADGE WHILE OPERATING AT A BROWARD COUNTY i 0 WATER OR WASTEWATER FACILITY. RANDOM SAMPUNG OF THE DELIVERED PRODUCT WILL 6.5 BE PERFORMED BY BROWARD COUNTY. IX 0 ANY CHEMICAL DELIVERY TO A BROWARD COUNTY 6.6 WATER OR WASTEWATER FACILITY NOT MEETING THE IBC 0 MOVE REQUIREMENTS WILL BE REJECTED FOR DELVERY WITH NO COST TO THE COUNTY. 7.ADDITIONAL REQUIREMENTS: This product is considered a hazardous material the proposed product and must be labeled accordingly.Vendor must be 0 N is non-hazadous. certified to distribute and deliver hazardous 7.1 materials in accordance with Florida Statute,Title XXIII,Chapter 316: http://www.flsenate.gov/Laws/Statutes/2011/316.30 2 The Vendor must be actively registered with the FL CC 0 Attached Department of State in order to do business with 7.2 Broward County. The vendor should submit a copy of their registration or proof of application with their Quote submittal.(See:sunbiz.org). Commodities Contrast—NonShettered Market(No CBE Goals) Page 25 of 29 1MS/2011 EXHIBIT B J SNF POLYDYNE I ` September 26, 2013 Mr. Freddy Suarez City of Clermont 685 W. Montrose Street Clermont, FL 34711 Subject: Piggyback Contract Offer; Broward County Contract No. F0999113B1, Polymer Dear Mr. Suarez, Polydyne Inc. is pleased to offer the City of Clermont the option to piggyback from the referenced contract for the purchase of polymer. Attached for your reference, please find a copy of the contract documents. All pricing, terms, and conditions stated therein are hereby extended to the City. The product and price to the City will be as follows: Product Pricing Package Clarifloc® SE-946 $1.08/Lb. Drums It has been a pleasure doing business with you and the City of Clermont, and we look forward to continuing our valued supply position. Should you have any questions regarding this offer, please feel free to contact Larry Fenimore, Sr.Technical Sales Representative, at (352)409-3938,or myself at(912) 880-8013. Best regards, Lax Lawrence D. Grizzle Business Manager Enclosures P.O.Box 279 • Riceboro,GA 31323 USA • Tel 800-848-7659 • Fax 912-880-2078 • www.polydyneinc.com