2016-50 AGREEMENT FOR
COLLECTION AND PURCHASE OF WHITE GOODS AND SCRAP METAL
THIS AGREEMENT, made and entered into this ! day of tkf ��
Q 2016,
A.D., by and between the City of Clermont 685 West.Montrose Street, Clermont, Florida
(hereinafter referred to as "CITY"), and TRANSCOR RECYCLING, LLC., 1501 E. 2nd
Avenue, Tampa,FL 33605, (hereinafter referred to as "CONTRACTOR").
WHEREAS; Manatee County, Florida issued Request for Proposal No. 15-0975CP to
obtain a contractor for the collection and purchase of white goods and scrap metal;
WHEREAS, based on CONTRACTOR's response,, Manatee County entered into a
Contract based on the above-referenced request for proposal with CONTRACTOR which
currently is in effect until September 30,2016;
WHEREAS, CITY desires to utilize the CONTRACTOR's contract with Manatee
County in accordance with CITY's procurement policy; and
WHEREAS, CONTRACTOR desires to enter into a contract with CITY based on the
terms and conditions Of Manatee County Request for Proposal No. 15-0975CP.
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth,
mutually agree as follows
ARTICLE I - SCOPE OF WORK
The CONTRACTOR shall collect and purchase all white goods and scrap metal materials
made available by CITY and as described in Manatee County Request for Proposal No.
15`0975CP and 'Manatee County contract 15-0975CP executed May 19, 2015 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 make.available for purchase to CONTRACTOR a minimum amount of
white, goods and scrap metal materials. To the extent of a conflict between this
Agreement and the,CITY's Purchasing Policy and Exhibit "A", the terms and conditions
of this Agreement.and the CITY's Purchasing Policy shall prevail and govern.
ARTICLE II-THE CONTRACT SUM
CONTRACTOR shall pay to CITY for the purchase of all white goods and scrap metal
materials made "available to CONRACTOR by CITY the amount as set forth in the
Compensation, attached hereto and incorporated herein as Exhibit"B".
ARTICLE III—TERM AND TERMINATION
1. This Agreement is to become effective upon execution by both parties, and
shall remain in effect until September 30, 2016, unless terminated or renewed
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as provided for herein.
2. Notwithstanding any other provision of this Agreement, CITY may, upon
written notice to CONTRACTOR, terminate this Agreement if: a) without
cause and for convenience upon thirty (30) days written notice to
CONTRACTOR b) CONTRACTOR is adjudged to be bankrupt; c)
CONTRACTOR makes a general assignment for the benefit of its creditors;
d).CONTRACTOR fails to comply with any of the conditions of provisions of
this Agreement; or e) CONTRACTOR 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..
3. Upon mutual agreement of the parties, this Agreement may be renewed for
four(4) additional one(1) year terms.
ARTICLE IV _ COMMENCEMENT AND COMPLETION OF WORK
The CONTRACTOR shall provide all services in the timeframe as set forth in the
applicable purchase order. Ownership, risk of loss and responsibility for any and all
scarp metal materials to be sold hereunder shall transfer to CONTRACTOR upon
CONTRACTOR'S acceptance of the materials at or on CITY's facility.
ARTICLE V - PAYMENTS
In accordance with the provisions fully set forth in the Agreement Documents,
CONTRACTOR shall make full payment for the "sale of white goods and mixed scrap
metals not later than the 15th day of the following month for the previous month's
business. Thecheck will be made payable to the City of Clermont, 685 West Montrose
Street, Clermont, Florida 34711, Attn.: Joseph Van Zile, Administrative Services
Director.
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 CONTRACTOR 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.
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ARTICLE VII—INSURANCE AND INDEMNIFICATION RIDER
1. Worker's Compensation Insurance - The CONTRACTOR 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
CONTRACTOR shall require the subcontractor similarly to provide Worker's
Compensation Insurance for all of the latter's employees unless such employees are
covered by the protection afforded by the CONTRACTOR. 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 CONTRACTOR shall provide adequate insurance,
satisfactory to the CITY, for the protection of employees not otherwise protected.
2. CONTRACTOR'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) CONTRACTOR'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. SubCONTRACTOR's Public Liability and Property Damage Insurance -
The CONTRACTOR shall require each of his subcontractors to procure and maintain
during the life of this subcontract, insurance of the type specified above or insure the
activities of his subcontractors in his policy, as specified above.
4. Indemnification Rider
(a) To cover to the fullest extent permitted by law, the CONTRACTOR
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,
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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 CONTRACTOR, any
subcontractor, 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 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 CONTRACTOR, any
subcontractor, 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 CONTRACTOR or any
subcontractor under workers' or workmen's compensation acts,
disability benefit acts or other employee benefit acts.
(c) The CONTRACTOR 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.
CONTRACTOR: Transcor Recycling, LLC.
1501 E. 2nd Avenue
Tampa, FL 33605
Attn: Candice Agosto, Vice President
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
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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
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 CONTRACTOR.
6. Assignment. This agreement is personal to the parties hereto and may not be
assigned by CONTRACTOR, 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. Public Records. Contractor expressly understands records associated with this
project arepublic records and agrees to comply with Florida's Public Records
law, to include, to:
(a) Keep and maintain public records that ordinarily and necessarily would be
required by the CITY in order to perform the services contemplated
herein.
(b) Provide the public with access to public records on the same terms and
conditions that the CITY would provide the records and at a cost that does
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If
not exceed the cost provided in this Florida's Public Records law or as
otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as
authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost,
to the CITY all public records in possession of CONSULTANT upon
termination of the contract and destroy any duplicate public records that
are exempt or confidential and exempt from public records disclosure
requirements. All records stored .elecironically must be.provided to the
CITY in a format that is compatible with the information technology
systems of the CITY.
(e) IF CONTRACTOR HAS . QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTRACTOR SHALL
CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT
CITY CLERK'S OFFICE, (352)241-7331.
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:
1. This Agreement
2. Purchase Order
3. CITY's Purchasing Policy
4. All documents contained in Manatee County Request for Proposal No. 15-
0975CP and CONTRACTOR's response thereto.
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i
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this %/, day of Ulf--- ,2016.
City of C ont
.,,,,e_e 4‘:?...4-4____---
Gail L. Ash, Mayor
Attest:
.,- , , , /4314-1
Tracy Ackroyd owe, City Clerk
~•.:/
. Transcor Recycling, LLC.
i
B
ti Y:
Candice Agosto, Vice Pr: j-nt
Attest:
Corporate Secretary
(Name Printed or Typed)
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EXHIBIT A
AGREEMENT No. 15-0975CP
BETWEEN MANATEE COUNTY, FLORIDA
AND
TRANSCOR RECYCLING, LLC.
FOR
COLLECTION AND PURCHASE OF WHITE GOODS AND SCRAP METAL
THIS AGREEMENT NO. 15-0975CP for the Collection and Purchase of White Goods and
Scrap Metal at the Manatee County Lena Road Landfill is entered Into by and between
Manatee County, Florida. a political subdivision of the State of Florida, located at Post
Office Box 1000, Bradenton, Florida 34206 (hereinafter referred to as "COUNTY"), and
Transcor Recycling, LLC, a Florida corporation, located at 1501 E. 2"d Avenue,Tampa,
Florida 33605 (hereinafter referred to as"CONTRACTOR`).
WHEREAS,COUNTY has determined that it is necessary,expedient and in its best interest
of COUNTY to retain, obtain or employ CONTRACTOR for the Collection and Purchase of
White Goods and Scrap Metal at the Manatee County Lena Road Landfill;and
WHEREAS, CONTRACTOR submitted a proposal, In response to Request for Proposal
#15-0975CP and COUNTY conducted a competitive selection procedure in accordance with
Manatee County Code of Laws, resulting In this Agreement.
NOW THEREFORE, in consideration of the foregoing premises and the mutual covenants
herein contained, it is agreed by and between the parties hereto as follows:
ARTICLE '', SCOPE OF SERVICES
CONTRACTOR covenants and represents to COUNTY that it shall provide services for
the Collection and Purchase of White Goods and Scrap Metal as set forth in the Scope of
Services, attached as Exhibit"A".
ARTICLE 2. EXHIBITS INCORPORATED
This Agreement consists of a primary contract, and four(4) Exhibits,which are as follows:
Exhibit"A" Scope of Services
Exhibit"B" Compensation
Exhibit"C" Affidavit of No Conflict
Exhibit"D" Insurance Requirements
These Exhibits are attached hereto and are Incorporated into this Agreement. In the event
of a conflict between the terms and conditions provided In the body of this
Agreement and any Exhibit, the provisions contained within the Agreement shall prevail
unless the term or provision in the Exhibit specifically states that It shall prevail.
ARTICLE 3. COMPENSATION
CONTRACTOR shall be entitled to compensation as provided in Exhibit "B" upon
acceptable performance of the services specified in Exhibit A .CONTRACTOR is advised
that no contractor or employee of COUNTY may authorize a change in the compensation
or terms set forth in Exhibit"B".Any change in compensation or terms for CONTRACTOR
must be authorized in writing by COUNTY.
ARTICLE 4, CONTRACT TERM
This Agreement shall commence on October 1, 2015 (hereinafter referred to as the
"Effective Date"). This Agreement shall remain in effect for an initial term of one (1) year
from the Effective Date. The Agreement may be renewed for four (4) additional terms of
one(1)year apiece upon mutual consent of both parties.
ARTICLE 5,, BION-PERFORMANCE AND TERMINATION
This Agreement may be terminated as follows:
A. If COUNTY determines that the performance of CONTRACTOR is not satisfactory,
COUNTY shall have the option of (1) immediately terminating the Agreement; or (2)
notifying CONTRACTOR of the deficiency with a demand that the deficiency be
corrected within a specified reasonable time, otherwise the Agreement shall be
deemed terminated at the end of such time.
B. If COUNTY requires termination of this Agreement for reasons other than
unsatisfactory performance of CONTRACTOR, COUNTY shall notify CONTRACTOR
in writing of such termination, with instructions as to the effective date of termination
or specify the stage of work at which the Agreement is to be terminated. COUNTY
shall be entitled to compensation for all fees collected and receipts received
through the date of termination, together with all approved expenses incurred
In connection therewith, provided COUNTY has given CONTRACTOR written notice
fifteen (15) days in advance of the date of such termination.
C. If CONTRACTOR fails to commence services to COUNTY, as defined in Exhibit "A",
within thirty (30) days of the Effective Date, COUNTY may immediately terminate the
Agreement upon written notice to CONTRACTOR.
D. In the event of early termination, all completed work and drafts-in-progress, along with
all related data, studies, charts, computations, correspondence, and any other files
or records related to this Agreement possessed or controlled by CONTRACTOR
shall become the property of COUNTY, and shall be surrendered to COUNTY with all
payments due.
ARTICLE 6. TRANSITION SERVICES UPON TERMINATION
Upon termination or expiration of this Agreement, CONTRACTOR shall cooperate with
COUNTY to assist with the orderiy transfer of the services provided by CONTRACTOR
to COUNTY. Prior to termination or expiration of the Agreement, COUNTY may
require CONTRACTOR to perform and, if so required, CONTRACTOR shall perform,
certain transition services necessary to shift the services of CONTRACTOR to another
provider or to COUNTY itself as described below (hereinafter referred to as the
'Transition Services"). The Transition Services may Include but shall not be limited to:
A. Working•with COUNTY to jointly develop a mutually agreed upon Transition
Services plan to facilitate the termination of the services;
B. Performing the Transition Services plan activities;
C. Answering questions regarding the services on an as-needed basis; and
D. Providing such other reasonable services needed to effectuate an orderly
transition to a new service provider or to COUNTY.
ARTICLE 7, COUJdTY OWNERSHIP OF WORK PRODUCT
The parties agree that all documents, records, and files produced by CONTRACTOR in
connection with the services rendered pursuant to this Agreement shall be the
property of COUNTY and shall be provided to COUNTY upon request. CONTRACTOR
shall be permitted to retain copies, including reproducible copies, of drawings and
specifications for Information, reference and use in connection with CONTRACTOR's
endeavors.
in the event of termination of this Agreement,any reports, records,documents,forms,and
other data and documents prepared by CONTRACTOR whether finished or unfinished
shall become the property of COUNTY and shall be delivered by CONTRACTOR to
COUNTY within seven(7)days of termination of this Agreement by either party.Any
compensation due to CONTRACTOR shall be withheld until all documents are received
as provided herein.
ARTICLE S, JtESPONSIBILITIES9F COUNTY
A. COUNTY shall inform CONTRACTOR of Its designated Contract Manager. The
Contract Manager shall have the authority to transmit instructions, receive
information, interpret and define the policy of COUNTY, and make decisions
pertinent to services covered by this Agreement subject to oversight by the County
Administrator and legal advice by the County Attorney. COUNTY reserves the
right to designate a different Contract Manager, provided that CONTRACTOR is
given written notice thereof. The Contract Manager is not authorized to approve
any amendment, revision or change order to this Agreement absent a pre-approved
amendment to the Agreement.
B. COUNTY shall make available, at no cost to CONTRACTOR, information relative
to the project that is useful in the performance of the Scope of Services.
C. COUNTY shall give prompt notice to CONTRACTOR whenever COUNTY
determines there is a defect in CONTRACTOR's performance.
D. COUNTY shall give careful and reasonable consideration to the findings
and recommendations of CONTRACTOR, and shall respond and Issue notices to
proceed in a timely manner so as not to unduly delay CONTRACTOR's
performance under this Agreement.
ARTICLE 9, RESPONSIBILITIES QF CONTRACTOR
A. CONTRACTOR shall notify COUNTY of its lead Agent with respect to the services
to be performed by CONTRACTOR pursuant to this Agreement
CONTRACTOR's Agent shall have the authority to make representations on behalf
of CONTRACTOR, receive information, give instruction to other agents of
CONTRACTOR, interpret and define the needs of CONTRACTOR, and make
decisions pertinent to services covered by the Agreement. Subject to the limitations
of this Agreement, CONTRACTOR may designate a different lead Agent, provided
that COUNTY is given written notice thereof.
B. CONTRACTOR shall perform the services in accordance with the terms and
conditions of this Agreement.CONTRACTOR shall provide all tools, materials,goods,
and services required In the performance of this Agreement
C. CONTRACTOR shall ensure that all employees assigned to render services under
this Agreement are duly qualified, registered, licensed, or certified to provide the
services required. All services shall comply with such reasonable supplemental
written memoranda and directives provided by COUNTY's Contract Manager which
are not in conflict with this Agreement
D. CONTRACTOR shall not knowingly engage in any contractual or professional
obligations that create an appearance of a conflict of interest with respect to the
services provided pursuant to this Agreement. CONTRACTOR acknowledges this
obligation and has executed the Affidavit of No Conflict,attached as Exhibit°C°.
E. CONTRACTOR shall be entitled to rely upon information which may be provided
by COUNTY or others on behalf of COUNTY. CONTRACTOR shall, however,
call to COUNTY's attention any errors or deficiencies noted in such information
provided and assist COUNTY, to the extent practicable, In the identification and
resolution of same. Information referred to above includes, but is not limited
to, additional services, consultations, Investigations, reports, and the like.
COUNTY shall, however, hold CONTRACTOR fully responsible for verifying, to
the extent practicable, documents and information provided by COUNTY and
identifying obvious deficiencies concerning documents and information provided.
ARTICLI;jL piSPUTE RESOLUTION
Disputes shall be resolved in accordance with Sections 2-28-63 and 2-26-64 of the
Manatee County Code of Ordinances. Any dispute resolution constituting a material
change in this Agreement will not be final until approved by the County Administrator
or designee. If such dispute involves the percentage of the work completed by
CONTRACTOR, CONTRACTOR shall, as promptly and reasonably as possible after
resolution of such dispute,forward payment to COUNTY of any amount determined to be
due and owing. The parties shall bear their own attorneys' fees and costs related to
dispute resolution regardless of the resolution of the dispute.
ARTICLE 91, RECORDS: AUDITS: LICENSES
A. CONTRACTOR shall maintain records, accounts, property records, and
personnel records in accordance with generally accepted accounting principles,
as deemed necessary by COUNTY to assure proper accounting of funds and
compliance with the provisions of this Agreement.
B. CONTRACTOR shall provide COUNTY all Information, reports, records and
documents required by this Agreement or by COUNTY ordinances, rules or
procedures, or as needed by COUNTY to monitor and evaluate CONTRACTOR's
performance. Such materials shall also be made available to COUNTY for audit
purposes. Inspection or copying will occur during normal business hours, and as
often as COUNTY may deem necessary. COUNTY may request an audit prepared
by an independent certified public accountant regarding the regulatory fees
collected and remitted pursuant to Eribf "B". CONTRACTOR, at its sole cost and
expense, shall cause such audit to be prepared and submitted to COUNTY within
the time period requested by COUNTY. COUNTY shall have the right to obtain
and Inspect any audit pertaining to the performance of this Agreement or
CONTRACTOR made by any local, state or federal agency. To the extent such
materials are in the possession of a third party, CONTRACTOR must obtain them
from that third party, or certify to COUNTY why it was unable to do so.
CONTRACTOR shall retain all records and supporting documents related to
this Agreement In accordance with all applicable laws, rules and regulations, and,
at a minimum, retain all records and supporting documents related to this
Agreement, except duplicate copies or drafts, for at least three (3) years after the
termination date.
C. CONTRACTOR shall obtain any licenses required to provide the Scope of Services
and maintain full compliance with any licensure requirements. Copies of reports
provided to or by any licensing or regulatory agency shall be forwarded to COUNTY
within ten (10) days after receipt by CONTRACTOR. CONTRACTOR shall
immediately inform COUNTY if it or any of its principals or agents working on this
Agreement lose, or have suspended, any required license.
ARTICLE 12, INDEMNIFICATION,
CONTRACTOR shall indemnify and hold harmless COUNTY, its officers, employees
and agents, from and against any and all claims, suits, actions, causes of action,
damages, liabilities, losses and costs, including but not limited to attorneys' fees and
paralegals' fees,caused or contributed to by the negligence, recklessness, or intentional
wrongful conduct or omissions of CONTRACTOR or anyone employed or utilized by
CONTRACTOR In the performance of the Agreement Such indemnification shall include
the payment of all valid claims, losses, and judgments of any nature whatsoever in
connection therewith and the payment of all related fees and costs. COUNTY reserves
the right to defend itself with its own counsel or retained counsel at CONTRACTOR's
expense. This indemnification obligation shall not be construed to negate, abridge or
reduce any other rights or remedies which otherwise may be available to an indemnified
party or person described in this paragraph or be deemed to affect the rights, privileges
and immunities of COUNTY as set forth In Section 768.28, Florida Statutes.
ARTICLE j3a. INSURANCE
A. CONTRACTOR shall maintain insurance policies that comply with the Insurance
Requirements, attached as Exhibit°D", during the term of this Agreement, including
any renewal terms.
B. Certificates of Insurance and copies of policies evidencing the insurance
coverage specified in Exhibit °D" shall be filed with the Purchasing Official before
the Effective Date of this Agreement. The required certificates shall identify the type
of policy, policy number, date of expiration, amount of coverage, companies
affording coverage, shall refer specifically to the title of this Agreement No
changes shall be made to the Insurance coverage without prior written approval
by COUNTY's Risk Management Division.
C. Insurance shall remain in force for at least three (3) years after completion of
services under this Agreement in the amounts and types of coverage as required
by Exhibit"D°, including coverage for all products and services completed under this
Agreement
D. If the initial insurance expires prior to the termination of this Agreement,
renewal Certificates of Insurance and required copies of policies shall be
furnished by CONTRACTOR and delivered to the Purchasing Official thirty (30)
days prior to the date of their expiration.
E. Nothing in this Agreement shall be interpreted as a waiver by COUNTY of its
rights, including the limitations of the waiver of immunity as set forth in Section
768.28, Florida Statutes, or any other statute, and COUNTY expressly reserves
these rights to the full extent allowed by law.
ARTICLE'14, RELATIONSHIP OF PARTIES
The relationship of CONTRACTOR to COUNTY shall be that of an Independent
contractor. Nothing herein contained shall be construed as vesting or delegating to
CONTRACTOR or any of the officers, employees, personnel, agents, or subcontractors
of CONTRACTOR any rights, Interest or status as an employee of COUNTY. COUNTY
shall not be liable to any person,firm or corporation that Is employed by, under contract
with, or provides goods or services to CONTRACTOR in connection with the Scope of
Services or for debts or claims accruing to such parties. CONTRACTOR shall promptly
pay, discharge, or take such action as may be necessary and reasonable to settle
such debts or claims.
ARTICLE 1b. ASSIGNMENT AND SUBCONTRACTS
COUNTY has selected CONTRACTOR for its stated skills and abilities, as outlined
In the Request For Proposal process. CONTRACTOR has represented to COUNTY that
it has the in-house capabliities, resources and expertise to perform the services required
by this Agreement Therefore, CONTRACTOR shall not assign or transfer any right or duty
under this Agreement to any other party without the prior written consent of COUNTY. In
the unlikely event CONTRACTOR asserts it is necessary to utilize the services of third
parties to perform any service under this Agreement, CONTRACTOR shall first obtain
prior written approval of COUNTY. Approval to utilize any third party shall not relieve
CONTRACTOR from any direct liability or responsibility to COUNTY pursuant to the
provisions of this Agreement, or obligate COUNTY to make any payments other than as
outlined in this Agreement
ARTICLE 16, OWNERSHIP AND SALE OF RIGHTS:SUCCESSORS BOUND
The Identity of the person or the entity, if not an individual, who or which shall be the
owner or holder of the rights granted under this Agreement is very Important to COUNTY.
Therefore, in addition to the limitations of Article 16 above, CONTRACTOR shall not,
without prior written consent of COUNTY, sell, pledge, transfer, or otherwise encumber
this Agreement, or the rights granted therein, to any third party. Assignment, pledge,
sale, transfer, or encumbrance of any interest in or under this Agreement or the rights
hereunder to anyone other than CONTRACTOR, without the prior written consent of
COUNTY, shall be grounds for immediate termination of this Agreement. All terms and
conditions of this Agreement shall extend to and be binding on any approved purchaser,
assignee,or other successor in interest
ARTICLE 17, CERTIFICATION OF NON-PAYMENT OF COMMISSION OR GIFT
CONTRACTOR warrants that it has not employed or retained any company or person
other than a bona fide employee working solely for CONTRACTOR to solicit or
secure this Agreement, and that it has not paid or agreed to pay any company or
person other than an employee working solely for CONTRACTOR, any fee, commission,
percentage, brokerage fee, gift, contingent fee, or any other consideration contingent
upon or resulting from the award or making of this Agreement. For breach or violation
of this warranty, COUNTY shall have the right to annul this Agreement without liability,
or at its discretion to recover the full amount of such fee, commission, percentage,
brokerage fee, gift,or contingent fee.
ARTICLE 18. NOTICES
All notices, requests and authorizations provided for herein shall be In writing and
shall be provided to the other party by hand delivery or mailed through the U.S. Mail,
postage paid, certified or registered mall, return receipt requested, addressed as follows:
To COUNTY. Manatee County Utilities Department
Attn: Director
4410 66th Street West, Bradenton, FL 34210
To CONTRACTOR: Transcor Recycling, LLC
Attn: Candice Agosto
1501 E.2"d Avenue,Tampa, FL 33605
(813)579-1069
Email: candice@transcorfc.com
ARTICLE 19, NON-DISCRIMINATION
During the performance of this Agreement. CONTRACTOR agrees that It will not
discriminate against any employee or applicant for employment because of race, creed,
sex, color, national origin, disability or age, and will take affirmative action to Insure that
all employees and applicants are afforded equal employment opportunities without
discrimination because of race, creed, sex, color, national origin, disability or age. Such
action will be taken with reference to, but shall not be limited to, recruitment,
employment, job assignment, promotion, upgrading, demotion, transfer, layoff or
termination, and rates of training or retraining (including apprenticeship and on-
the-job training). CONTRACTOR further agrees that no person in the United States
shall, on the grounds of race, creed, sex, color, national origin, disability or age, be
excluded from participation in, be.denied the proceeds of, or be subject to discrimination
in the performance of this Agreement.
ARTICLE 20. KEY PERSONNEL
Due to their unique skills, knowledge and backgrounds, upon which COUNTY expressly
relied in selecting CONTRACTOR, CONTRACTOR shall not remove from active
participation on the project the following agents until alternate personnel acceptable to
COUNTY are approved In writing by COUNTY.
Candice Agosto Vice-President
ARTICLE 21, PUBLIC RECORDS ACT COMPLIANCE
Pursuant to Section 119.0701, Florida Statutes, to the extent CONTRACTOR is
performing services on behalf of COUNTY, CONTRACTOR must:
A. Keep and maintain public records that ordinarily and necessarily would be required
by COUNTY in order to perform the service.
B. Provide the public with access to public records on the same terms and conditions
that COUNTY would provide the records and at a cost that does not exceed
the cost provided In Chapter 119, Florida Statutes,or as otherwise provided by law.
C. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except at authorized by law.
D. Meet all requirements for retaining public records and transfer, at no cost, to COUNTY
all public records in the possession of CONTRACTOR upon termination of this
Agreement and destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. All records stored
electronically must be provided to COUNTY in a format that is compatible with
COUNTY's information technology system.
ARTICLE 2z, NON.PUBLIC INFORMATION
CONTRACTOR agrees, during the term of this Agreement, not to divulge, furnish or
make available to any third person, firm, or organization, without COUNTY's prior written
consent,or unless incident to the proper performance of CONTRACTOR's obligations
hereunder, or produced in judicial or legislative proceedings where such information
has been properly subpoenaed, any non-public information concerning the services
rendered by CONTRACTOR pursuant to this Agreement.CONTRACTOR shall require all
of its employees and subcontractors to comply with the provisions of this article.
ARTICLE 23. JIIISCEL)_ANEOUS TERMS
A. Ethical Conduct; Media Relations. CONTRACTOR recognizes that in rendering
the services required in this Agreement, it Is working for the Interests of the
citizens of Manatee County, Florida, subject to public observation, scrutiny and
inquiry. Based upon said recognition, CONTRACTOR shall, in all of its interactions
with COUNTY and its citizens and business interests, conduct Itself in accordance
with the utmost professionalism and ethical standards, including any professional
ethical codes related to the various professionals who will be working on this
Agreement. To ensure COUNTY is properly represented in any media stories related
to this Agreement, CONTRACTOR's agents shall refer any media requests for
interviews, information or comments to COUNTY's Contract Manager for response.
B. Compliance With Laws. CONTRACTOR acknowledges that COUNTY is subject
to restraints, limitations, regulations and controls Imposed or administered pursuant
to numerous applicable statutes, laws, ordinances, codes, rules and regulations of
federal, state, regional and certain local governmental agencies and authorities.
CONTRACTOR agrees that all services rendered or performed by CONTRACTOR
pursuant to the provisions of this Agreement shall be in compliance with said
applicable statutes, laws,ordinances, codes, rules and regulations of local,regional,
state and federal agencies and authorities.
C. Entire Agreement; Amendments; Calculation of Days.This Agreement and the
exhibits attached hereto and Incorporated herein constitute the entire, fully
integrated agreement between the parties with respect to the subject matter hereof
and supersedes all prior or contemporaneous verbal or written agreements between
the parties with respect thereto, excepting any past or contemporaneous written or
verbal agreements expressly and clearly incorporated by reference within this
Agreement. This Agreement may be amended only by written document, properly
authorized,executed,and delivered by both parties, hereto.My act or delivery that
must be completed on a Saturday, Sunday, or COUNTY holiday shall be adequate
if performed or delivered on the following business day.
D. No Waiver. The indulgence of either party with regard to any breach or failure
to perform any provision of this Agreement shall not be deemed to constitute a
waiver of the provision of any portion of this Agreement, either at the time the
breach or failure occurs,or at any time throughout the term of this Agreement.
E. Force Majeure. Neither party shall be In default of its obligations hereunder to
the extent that performance of such obligations or any of them is delayed or
prevented by Force Majeure. Force Majeure shall include, but shall not be limited
to, hostility,revolution, civil commotion, strike, epidemic,fire,flood,wind,earthquake,
hurricane, or other disruptive event of nature, act of terrorism, explosion, lack of
or failure of transportation facilities, any law, proclamation, regulation,ordinance or
other act of government, or any act of God or any cause, whether of the same or
different nature,existing or future;provided that the cause,whether or not enumerated
in this Agreement is beyond the control and without the fault of the party seeking to
invoke this paragraph.
F. Governing Law; Jurisdiction and Venue. CONTRACTOR consents and agrees
that all legal proceedings related to the subject matter of this Agreement shall be
governed by the laws of and maintained in courts within the State of Florida.
CONTRACTOR further consents and agrees that jurisdiction for such proceedings
shalllie exclusively with such court and venue shall be in Manatee County, Florida, or,
if in federal court,the Middle District of Florida,Tampa Division.
G. Attorneys' Fees and Costs. Each party hereto shall be solely responsible for paying
Its attorneys' fees and costs in any protest, litigation, dispute resolution
proceeding,settlement negotiation,or any other matter related to this Agreement.
H. No Conflict. By accepting award of this Agreement, CONTRACTOR, for itself and
Its directors,officers and employees, represents that it presently has no interest in and
shall acquire no interest in any business or activity which would conflict in any manner
with the performance of duties or services required hereunder.
I. Public Records. By accepting award of this Agreement, CONTRACTOR
acknowledges that the portion of its books and records related to its contracting
activities with COUNTY may become subject to inspection and copying under the
Florida Public Records Act,Chapter 119, Florida Statutes, and that it will in all
respects comply with any requirements of that Act
J. Public Entity Crimes. CONTRACTOR has been made aware of the Florida Public
Entity Crimes Act, Section 287.133, Florida Statutes, specifically paragraph 2(a),
and COUNTY's requirement that CONTRACTOR comply with said Act in all respects
prior to and during the term of this Agreement
K. No Third-Party Beneficiaries. This Agreement Is solely tor the benefit of the parties
hereto, and no right, privilege, or cause of action shall by reason hereof accrue upon,
to, or for the benefit of any third party. Nothing in this Agreement Is intended or
shall be construed to confer upon or give any person, corporation, partnership,
trust, private entity, agency, or other governmental entity any right, privilege, remedy,
or claim under or by reason of this Agreement or any provisions or conditions hereof.
L. Joint Preparation. The parties agree that they have each participated In the drafting
of this Agreement and that the rules with respect to construing ambiguities against
the drafter of a contract shall not apply in any action or litigation regarding this
Agreement.
M. Legal References. All references to statutory sections or chapters shall be construed
to include subsequent amendments to such provisions and refer to the successor
provision of any such provision. References to°applicable law"and"general law"shall
be construed to Include provisions of local, state and federal law,whether established
by legislative action,administrative rule or regulation, or judicial decision.
N. Severability. The provisions of this Agreement are declared by the parties hereto to
be severable. In the event any term or provision of this Agreement shall be held invalid
by a court of competent jurisdiction, such invalid term or provision should not affect
the validity of any term or provision hereof; and all such terms and provisions hereof
shall be enforceable to the fullest extent permitted by law as if such invalid term or
provision had never been part of this Agreement; provided, however, if any term or
provision of this Agreement is held to be invalid due to the scope or extent hereof,
then, to the extent permitted by law, such term or provision shall be automatically
deemed modified in order that it may be enforced to the maximum scope and extent
permitted by law.
O. Headings.This Agreement is to be read as a whole.All titles, articles,and descriptive
headings of paragraphs herein are inserted for convenience only and shall not affect
the construction or interpretation of the Agreement's actual terms.
ARTICLE 24, TAXES
COUNTY is exempt from Federal Excise and State Sales Taxes (F.E.T. Exemption
Certificate No. 59-78-0089K; FL Sales Tax Exemption Certificate No. 51-02-027548-
53C). Therefore, CONTRACTOR Is prohibited from charging or imposing any sales or
service taxes. Nothing herein shall affect CONTRACTOR's normal tax liability.
CONTRACTOR shall, at its own expense, pay federal, state, and local taxes which
may be levied or imposed upon CONTRACTOR under applicable law to the extent that
CONTRACTOR is responsible for the payment of such taxes.
ARTICLE 25. AUTHORITY TO EXECUTE
Each of the parties,hereto-:represents.to the other that it has lawful authority to enter
into.thisAgreement and has authorized'the execution of this Agreement by its respective
representative who has executed this Agreement
signatures to follow on next page
IN WITNESS WHEREOF, the parties hereto have caused, this Agreement No. 15-
0975CP for the Collection and Purchase of White Goods and Scrap Metal at the Manatee
County Lena Road Landfill to be duly executed by their authorized representatives on the
n speisiye dates below.
TRANSCOR RECYCLING,LLC
By;
C4nd,ce165-tv, r
Print Name&T of Above Signer
COUNTY OF MANATEE, FLORIDA
4 411iiA
Melissa,! endel,CPPO
Purchasing Oftel
Date: /6 9715
EXHIBIT"A"
SCOPE OF SERVICES
GENERAL OVERVIEW
CONTRACTOR will provide for the collection,purchase and processing of white goods and
scrap metal from the Manatee County Lena Road Landfill. The goods that are to be
collected, purchased and processed include, but are not limited to: large household
appliances such as washers; dryers; refrigerators; stoves; air conditioners; hot water
heaters; exterior auto parts; fencing; and various scrap metal. Some of the goods to be
processed are Freon containing appliances.
GENERAL REQUIREMENTS
CONTRACTOR shad perform all services specified In this Scope of Services in accordance
with generally accepted professional standards. CONTRACTOR shall perform all services
as expeditiously as is consistent with professional skill and care and the orderly progress of
the worts. All work of any kind,shall conform to and be In compliance with applicable codes.
laws, ordinances, regulations and restrictions. The following describes the °Scope of
Services°that is CONTRACTOR's responsibility.
L. Collectibles
1. Collection of materials under the this agreement will be only from the Manatee
County Landfill located at 3333 Lena Road, Bradenton,FL 34202 and does not
include additional sites or methods of collection.
2. The materials to be collected, purchased and processed include, but are not
limited to: large household appliances such as washers; dryers, refrigerators,
stoves, air conditioners, hot water heaters, exterior auto parts, fencing, and
various scrap metal. Some of the goods to be processed are Freon containing
appliances.
3. CONTRACTOR must remove all Freon and capacitors, that may or may not,
contain Polychlorinated Biphenyls (PCB)from white goods that are staged in
the designated area.The white good are to include large household appliances,
including but not limited to:washer,dryers,refrigerator,stoves,air conditioners
and scrap metal pieces. PCBs will be given to COUNTY after each removal
session for disposal and COUNTY shall assume all Federal, State and local
requirements regarding the processing of these materials.
4. CONTRACTOR shall provide transport of the white goods in such a manner as
to property contain any fluids within the materials from leaking and causing
contamination of the surrounding environment.
b. Downaradinq
1. If a lot is to be downgraded, CONTRACTOR must notify COUNTY prior to
processing or disposal of white goods/scrap metal, and supply reasonable
justifications for downgrading.
2. COUNTY agrees that any lot of recydables which exceed five percent of total
volume contamination rate shall be downgraded and that payment for said lot
shall be set accordingly. For this Scope of Service,the following are considered
contaminants:dirt and other materials foreign to the general content of lot and
which cannot be processed with the lot
g, Hours of Operation
1 CONTRACTOR shall collect and purchase all white goods and scrap metals
from the Manatee County Lena Road Solid Waste Management Facility,
between the hours of 8:00 a.m.and 4:00 p.m., Monday through Friday,holidays
excluded.
Contractors Facilities
1. CONTRACTOR shall provide a map showing the exact location of their
proposed or existing facility.
2. CONTRACTOR shall provide COUNTY with a complete report initially and
provide updates regarding the receipt of any of the following notices from Local,
State or Federal Agencies:
• Warning Notices
• Consent Orders
• Notices of Violations
3. CONTRACTOR shall pass over the Lena Road Solid Waste Management
Facility scale prior to the collection of white goods and scrap metal and, then
again after collection has been completed in order to ascertain weights leaving
the Landfill facility. When reporting is presented as set forth In
CONTRACTOR's Responsibilities below, the weight receipts should match
those originally documented at the Landfill at the time of collection.
e. Safety Plans
1. All vehicles involved In the transportation of the white goods and scrap metal
leaving the Landfill facillty must be equipped in a manner that shall prevent the
escape of materials that may create litter.
2. CONTRACTOR shall provide COUNTY with their Safety Plan prior to execution
of a contract.
f. Operation Plans
1. CONTRACTOR's vehicle shall have loading capability that shall accommodate
loading from a concrete and/or dirt-base site.
EL Inspections
1 CONTRACTOR shall permit COUNTY to conduct full and open inspection(s)of
their facility, payment and reimbursement records, and weighting scales upon
advance written request by COUNTY.
b, Contractor Responsibilities
1 CONTRACTOR shall accept all expenses associated with the processing of the
white goods and scrap metal which could include but is not limited to baling,
Freon removal and disposal, PCB removal, shredding, compacting,etc.
2. In the event of a natural or manmade disaster, such as a hurricane, tornado,
explosion,etc., CONTRACTOR shall be capable of responding within seventy-
two hours after being requested by COUNTY. This response shall be targeted
to initiate collection and removal of all applicable white goods/scrap metal from
debris staging areas as designated by COUNTY.CONTRACTOR shall provide
COUNTY with a twenty-four (24) hour, seven days a week emergency
activation number for notification.
3. CONTRACTOR must show that the end product has gone to a vendor with a
recycling permit and supply that permit number.
EXHIBIT. B
EXHIBIT"B"
COMPENSATION
1. CONTRACTOR shall pay COUNTY One Hundred Twenty Eight Dollars ($128.00) for
each gross ton (GT) of White goods and scrap metal collected at the Manatee County
Lena Road.Landfill.
2. A copy of COUNTY's certified scale receipts and full payment for the materials
purchased, shall be submitted to the Solid Waste Section :of Utility Operations
Department onorbefore the fifteenth (15th) day of each month for the previous month.
3. Payments shall remain firm for the first twelve month base agreement term. Requested
forremaining terms, maybe adjusted in accordance with market
payment changes o the g J
indexforWhite goods and scrap"metal.
EXHIBIT"C"
AFFIDAVIT OF NO CONFLICT
STATE OF FLORIDA
COUNTY OF
BEFORE ME,the undersigned authority, personally appeared Candice Agosto,Vice
President of Transcor Recycling,LLC.,a Florida limited liability corporation,with full authority
to'bind Transcor Recycling.LLC.(hereinafter"CONTRACTOR"),who being first duly sworn,
deposes and says that CONTRACTOR:
(a) Is not currently engaged and will not become engaged in any obligations,
undertakings or contracts that will require CONTRACTOR to maintain an adversarial role
against the County or that will impair or influence the advice, recommendations or quality of
work provided to the County; and
(b) Has provided full disclosure of all potentially conflicting contractual
relationships and full disclosure of contractual relationships deemed to raise a question of
c onftict(s);and
(c) Has provided full disclosure of prior work history and qualifications that may
be deemed to raise possible question of conflict(s).
Affiant makes this Affidavit for the purpose of inducing Manatee County, a political
subdivision of the State of Florida, to enter into this Agreement No. 15-0975CP for the
Collection and Purchase of White Goods and Scrap Metal at the Manatee County Lena
Road Landfill. 1,�1
DATED this/3 f day of , 2015.
Signature
Y#L" (\3L"
-2411
The foregoing Instrument was sworn to and acknowledged before me this 17
day of 140.[ , 2015, by Candice Agosto, as t- :•,,- +.,
Transcor Recycli g, LLC, a Florida limited liability corporation. She . ' .rsonal kn}.,, •
me or has produced as Identification.
2d2401
1--- ;�- �� wlmrno. ~ , Notary Public, State, 01414Ut. 1
Florida at Large
11.,A in owoeeea
i _��,', s "a Ms tb6"2211 Commission No. fF 01. '512-co
EXHIBIT"D"
INSURANCE REQUIREMENTS
CONTRACTOR shall, at its own expense, carry and maintain Insurance coverage from
responsible companies duly authorized to do business In the State of Florida as set forth in
this Exhibit "Do. CONTRACTOR shall procure and maintain property insurance upon the
entire project, if required,to the full Insurable value of the scope of work.
COUNTY and CONTRACTOR waive against each other and COUNTY's separate
Contractors, Design Consultants, Subcontractors, agents end employees of each and all of
them, all damages covered by property Insurance provided herein, except such rights as
they may have to the proceeds of such insurance. CONTRACTOR and COUNTY shall,
where appropriate, require similar waivers of subrogation from COUNTY's separate
Contractors, Design Consultants and Subcontractors and shall require each of them to
Include similar waivers in their contracts.
The Commercial General Liability Policy and Automobile Liability Policy provided by
CONTRACTOR to meet the requirements of this Exhibit "D" shall name Manatee County,
Florida, as an additional Insured as to the operations of CONTRACTOR under the
Agreement and shall contain severability of interests provisions.
Manatee County Board of County Commissioners shall be named as the Certificate Holder.
The Certificates of Insurance must state the Agreement Number or Project Number, or
specific Project description, and must read: For any and all work performed on behalf of
Manatee.County." The"Certificate Holder"should read as follows:
Manatee County
Board of County Commissioners
Bradenton, Florida
The amounts and types of Insurance coverage shall conform to the minimum requirements
set forth in this Exhibit "D" with the use of insurance Services Office (ISO) forms and
endorsements or their equivalents. If CONTRACTOR has any self-insured retentions or
deductibles under any of the below listed minimum required coverage,CONTRACTOR must
identify on the Certificates of Insurance the nature and amount of such self-insured
retentions or deductibles and provide satisfactory evidence of financial responsibility for
such obligations. All self-Insured retentions or deductibles will be CONTRACTOR's sole
responsibility.
Coverage shall be maintained without interruption from the date of commencement of the
work until the date of completion and acceptance of the work by the COUNTY or as specified
in the Agreement,whichever is longer.
CONTRACTOR and/or its insurance carrier shall provide thirty (30) days written notice to
COUNTY of policy cancellation or nonrenewal on the part of me insurance carrier or
CONTRACTOR. CONTRACTOR shall also notify COUNTY, in a like manner,within twenty-
four (24) hours after receipt of any notices of expiration, cancellation, nonrenewal, or
material change In coverage or limits received by CONTRACTOR from Its Insurer, and
nothing contained herein shall relieve CONTRACTOR of this requirement to provide notice.
In the event of a reduction in the aggregate limit of any policy to be provided by
CONTRACTOR hereunder, CONTRACTOR shall immediately take steps to have the
aggregate limit reinstated to the full extent permitted under such policy.
In the event CONTRACTOR does not maintain the insurance coverage(s)required herein,
COUNTY may terminate the Agreement or, at its sole discretion, be authorized to purchase
such coverage(s) and charge CONTRACTOR for such coverage(s) purchased. If
CONTRACTOR falls to reimburse COUNTY for such costs within thirty (30) days after
demand, COUNTY has the right to offset these costs from any amount due CONTRACTOR
under the Agreement or any other agreement between COUNTY and CONTRACTOR.
COUNTY shall be under no obligation to purchase such insurance,nor shall it be responsible
for the coverage(s)purchased or the insurance company or companies used. The decision
of COUNTY to purchase such insurance coverage(s) shall in no way be construed to be a
waiver of any of its rights under the Agreement.
In the event,the Initial or any subsequently issued Certificate(s) of Insurance expires prior
to the completion of the scope of work, CONTRACTOR shall furnish to COUNTY a renewal
or replacement Certificate(s) of Insurance no later than ten (10) calendar days after the
expiration date on the certificate. Failure of CONTRACTOR to provide COUNTY with such
renewal certificate(s)shall be considered justification for COUNTY to terminate any and all
Agreements.
Insurance/Bond Type Required Limits
1. ®Automobile Liability: Bodily Injury and Property Damage,
Owned/Non-Owned/Hired;Automobile Included
$ 1.000.000 each occurrence
This policy shall contain severability of Interests'provisi a
2. ®Commercial General Bodily Injury and Property Damage
Liability:(Occurrence Form- $.1.000.000 single limit per occurrence;
patterned after the current ISO
form) $p.000.000 aggregate
This shall include Premises and Operations; Independent
Contractors; Products and Completed Operations and
Contractual Liability.
This policy shall contain severability of Interests'provisions.
3. Employer's Liability: $ 1.000.000 single limit per occurrence
Insurance/Bond Type Required Limits
4. Worker's Compensation: Statutory Limits of Chapter 440, Florida Statutes, and all
Federal Government Statutory Limits&Requirements
6. ®Other Insurance, as noted: a. 0 Aircraft Liability
$ per occurrence
Coverage shall be carried in limits of not less than
$5,000,000 each occurrence if applicable to the completion
of the services under this Agreement.
b. 0 Installation Floater
If the resulting Agreement does not Include construction of
or additions to above ground building or shuctures,but does
involvethe Installation of machinery orequipment,
successful bidder shall provide an Installation Floater
with the minimum amount of insurance to be 100% of the
value of such addition(s),building(s),or structure(s).
c. ❑ Maritime Coverage(Jones Act)
$ per occurrence
Coverage shall be maintained where applicable to the
completion of the Work.
d. ®Pollution
$ 1.000.000 per occurrence
e. 0 Professional Liability
$ par claim and in the aggregate
• $1,000,000 per claim and In the aggregate
• $2,000,000 per claim and in the aggregate
f. 0 Project Professional Liability
$ per occurrence
g.
0 Property Insurance
If the resulting Agreement Includes construction of or
additions to:above ground buildings or structures, bidder
shall provide"Builder's Risk"Insurance with theminimum
amount of Insurance to be 100% of the value of such
addition(s), building(s), or structure(s).
Insurance!Bond Type Required Limits
To the extent that property damage Is covered by
commercial Insurance, Owner and successful bidder agree
to waive all subrogation rights against each other, except
such rights as they may have to the proceeds of such
Insurance: Successful bidder shall require a similar waiver
of subrogation,from each of its bidder personnel and sub-
consultants, to Include Special Consultants; successful
bidder shall provide. satisfactory written confirmation to
Owner of these additional waivers.
h. 0 U.S. Longshoreman's and Harborworker's Act
Coverage shall be maMtalned where applicable to the
completion of the Work.
I. 0 Valuable Papers Insurance
$ per occurrence
J. ❑Watercraft
$ per occurrence
6. 0 Bid Bond: Bid bond shall be submitted by bidder for 5%of the total amount
of the bid.
7. ❑Payment and Performance Payment and.Performance Bond shall be submitted by bidder
Bond: for 100%of the award amount.
$
Reviewed by Risk: