Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Contract 2020-102A
DocuSign Envelope ID: 82906931-DBD3-4D68-8C09-676A8D7E4A8B CONTRACT APPROVAL FORM TO: SUSAN C. DAUDERIS, INTERIM CITY MANAGER DS THRU: FREDDY SUAREZ, PROCUREMENT SERVICES DIRECTOR FS DI FROM: JINELLE LUGO, PROCUREMENT COORDINATO j( SUBJECT: COLLECTION, RECYCLING AND PROPER DISPOSAL OF USED OIL AND RELATED COMMODITIES DATE: DECEMBER 17, 2020 THE PROCUREMENT SERVICES DIRECTOR RECOMMENDS THE FOLLOWING: 1. APPROVE: Agreement between the City of Clermont and Synergy Recycling of Central Florida, LLC to provide the collection, recycling, and proper disposal of used oil and related commodities. The agreement shall take effect on the date of execution by both parties and shall remain in effect for one (1) year, unless renewed or terminated as provided by the Lake County contractual agreement. Upon mutual agreement, the agreement may be renewed for four (4) additional one (1) year terms. 2. Why is this action necessary: In accordance with the City of Clermont Purchasing Policy, the City Manager is authorized to approve contracts under $50,000 that do not require a budget amendment. 3. ADDITIONAL INFORMATION: At the request of the Public Services Department, the Procurement Services Department sought a contract with Lake County for Collection, Recycling, and Proper Disposal of Used Oil and Related Commodities, contract number 20-0923. The estimated annual expenditures is less than $15,000 and it is included in the Public Services Department budget. The Procurement Services Department issued RFI 2110-014 to notify local vendors of the City's intent to utilize other governmental entities' contract. At the completion of the RFI the Procurement Services Department received no interest. The Lake County contract was fully competed, advertised, and complies with the City of Clermont Purchasing Policy. 4. FISCAL IMPACT: The estimated annual fiscal impact of $5,000 is included in the current year approved budget. 5. EXHIBITS: Lake County Bid Tabulation Collection, Recycling, and Proper Disposal of Used Oil and Related Commodities Agreement rSDocuSigned by:: U.SaJA, C Va.U.kXiS Signature APPROVAL AUTHORITY Approved IN Disapproved ❑ Reason/Suggestion (If disapproved) Interim City Manager 12/21/2020 Title Date DocuSign Envelope ID: 82906931-DBD3-4D68-8C09-676A8D7E4A8B AGREEMENT NO. 2020-102 FOR COLLECTION, RECYCLING AND PROPER DISPOSAL OF USED OIL AND RELATED COMMODITIES THIS AGREEMENT, is made and entered into this 21st day of December 2020, by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation under the laws of the State of Florida whose address is: 685 W. Montrose Street, Clermont, Florida, (hereinafter referred to as "CITY"), and SYNERGY RECYCLING OF CENTRAL FLORIDA, LLC, whose address is: 510 Shotgun Rd, Suite 110, Sunrise, Florida 33326, (hereinafter referred to as "CONTRACTOR"). WHEREAS, Lake County through the public procurement process awarded an Agreement for the collection, recycling and proper disposal of used oil and related commodities, Lake County Contract Number 20-0923; WHEREAS, CITY desires to utilize the above -referenced awarded bid, CONTRACTOR's response thereto and Agreement 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 the Lake County Contract Number 20-0923; WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: ARTICLE I — SCOPE OF WORK The CONTRACTOR shall furnish the collection, recycling and proper disposal of used oil and related commodities as described in the Lake County Contract Number 20-0923, which is attached hereto and incorporated herein as Exhibit "A" and shall perform everything required by this Agreement and the other exhibits attached hereto. Provided, however, that nothing herein shall require CITY to purchase or acquire any items or services from CONTRACTOR that is not specified in the CITY's purchase order. To the extent of a conflict between this Agreement and Exhibit "A", the terms and conditions of this Agreement shall prevail and govern. In all instances the CITY purchasing policy, resolutions and ordinances shall apply. 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 as set forth in Exhibit `13% attached hereto and incorporated herein. DocuSign Envelope ID: 82906931-DBD3-4D68-8C09-676A8D7E4A8B 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, 2021 unless terminated or renewed by Lake County. 2. Notwithstanding any other provision of this Agreement, CITY may, upon written notice to CONTRACTOR, terminate this Agreement: a) without cause and for CITY's convenience upon thirty (30) days written notice to CONTRACTOR b) if CONTRACTOR is adjudged to be bankrupt; c) if 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 the 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. 3. Upon mutual Agreement of the parties, this Agreement may be renewed for four (4) additional year term. ARTICLE IV — PROVISION OF SERVICES AND COMPLETION OF WORK 1. The CONTRACTOR shall only provide to CITY the collection, recycling and proper disposal of used oil and related commodities upon receipt of an authorized order from CITY and shall provide the requested items in the timeframe and as set forth in Lake County Contract Number 20-0923 or in the specific purchase order or authorized order submitted by CITY. Nothing herein shall obligate CITY to purchase any specific amount of product from CONTRACTOR or create an exclusive purchase agreement between CITY and CONTRACTOR. CITY shall not be obligated or required to pay for any items received until such time as CITY has accepted the items in accordance with the order provided to CONTRACTOR. 2. CONTRACTOR, upon receipt of an order hereunder, shall immediately notify CITY if it has an issue or question related to the fulfillment of the order or whether there will be any delay in providing the items requested. Failure of CONTRACTOR to so notify CITY will preclude CONTRACTOR from seeking payment of any kind for any items that were delayed in delivery. Upon receipt of notification of the delay, CITY may at its sole option cancel the order and seek the items from any available source. 3. It is expressly understood and agreed that the passing, approval and/or acceptance of any collection, recycling and proper disposal of used oil and related commodities herein by CITY or by any agent or representative as in compliance with the terms 2 DocuSign Envelope ID: 82906931-DBD3-4D68-8C09-676A8D7E4A8B of this Contract shall not operate as a waiver by the CITY of strict compliance with the terms of this Contract and the CITY may require the CONTRACTOR replace the accepted collection, recycling and proper disposal of used oil and related commodities so as to comply with the warranties and specifications hereof. 4. COMPANY specifically acknowledges that this Contract does not bind or obligate CITY to purchase any minimum quantity of product during the term hereof. ARTICLE V — PAYMENTS In accordance with the provisions fully set forth in the Contract Documents, CONTRACTOR shall submit an invoice to CITY upon completion of the services and delivery of products to CITY as set forth in the applicable purchase order. CITY shall make payment to the CONTRACTOR for all accepted deliveries and undisputed product delivered and services provided, within thirty (30) calendar days of receipt of the invoice. ARTICLE VI — DISPUTE RESOLUTION - MEDIATION 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. 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 its 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 subCONTRACTOR 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. DocuSign Envelope ID: 82906931-DBD3-4D68-8C09-676A8D7E4A8B 2. CONTRACTOR's Commercial General Liability Insurance — The CONTRACTOR shall take out and maintain during the life of this Agreement, Commercial General Liability and Business 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 as follows: (a) CONTRACTOR's Commercial General Liability, $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. Indemnification Rider (a) To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the CITY and its employees from and against all claims, damages, losses and expenses, including but not limited to reasonable attorney's fees, arising out of or resulting from its 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 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 such acts are 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.; however, this indemnification does not include the sole acts of negligence, damage or losses caused by the CITY and its other contractors. (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 2 DocuSign Envelope ID: 82906931-DBD3-4D68-8C09-676A8D7E4A8B 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: Synergy Recycling of Central Florida, LLC 510 Shotgun Rd, Suite 110 Sunrise, FL 33326 Attn: Elliott Paul, Manager OWNER: City of Clermont Attn: Darren S. 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 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 DocuSign Envelope ID: 82906931-DBD3-4D68-8C09-676A8D7E4A8B 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. Assi ng ment — Except in the event of merger, consolidation, or other change of control pursuant to the sale of all or substantially all of either party's assets, 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 are public 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 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 CONTRACTOR upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. CONTRACTOR shall use reasonable efforts to provide all records stored electronically 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. Co DocuSign Envelope ID: 82906931-DBD3-4D68-8C09-676A8D7E4A8B 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 / Notice To Proceed 3. An applicable Contractor Quote or Statement of Work 4. All documents contained in the Lake County Contract No. 20-0923 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 21st day of December , 2020. CITY OF CLERMONT DocuuS1igned by: hVy ESC$G1-7 Susan C. Dauderis, Interim City Manager ATTEST: DocuSigned by: T," AdAQ,�-4 Nawt Tracy Ackroyd Howe, City Clerk 7 DocuSign Envelope ID: 82906931-DBD3-4D68-8C09-676A8D7E4A8B SYNERGY RECYCLING OF CENTRAL FLORIDA, LLC DocuSigned by: By: fwbff rain, (Signature) Print Name: Elliott Paul Title: Owner Date: 12/16/2020 DocuSign Envelope ID: 82906931-DBD3-4D68-8C09-676A8D7E4A8B y ,hibit A L;kVE COUNTY, FL REAL FLORIOA • REAL CLOSE CONTRACT NO. 20-0923 Collection, Recycling, and Proper Disposal of Used Oil and Related Commodities LAKE COUNTY, FLORIDA, a political subdivision of the state of Florida, its successors and assigns through its Board of County Commissioners (hereinafter "County") does hereby accept, with noted modifications, if any, the submittal of Synergy Recycling of Central Florida, LLC thereinafter "Contractor") for the provision of Collection, Recycling, and Proper Disposal ofUsed Oil and Related Commodities to the County pursuantto County ITB number 20-0923 (hereinafter "ITB"), addenda no. 1, and Contractor's proposal response thereto with all County policies and provisions governing. A copy of the Contractor's signed proposal is attached hereto and incorporated herein, thus making it a part of this Contract. The attachments noted below (if any) are attached hereto and are also made a part of this Contract. Attachments: none No financial obligation under this contracts hal I accrue against the County until a specific purchase transaction is completed pursuant to the terms and conditions of this contract. Contractor must submitthe documents hereinafter listed prior to commencement of this Contract: Insurance Certificate. The County's Procurement Services Director will be the sole judge as to the fact of the fulfillment of this Contract, and upon any breach thereof, will, at his or her option, declare this contract terminated, and for any loss or damage by reason of such breach, whether this Contract is terminated or not, said Contractor and their surety for any required bond shall be liable. This Contract is effective from October 1, 2020 through September 30, 2021 except the County reserves the right to terminate this Contract immediately for cause and/or lack of funds and with thirty (30) days written notice for the convenience of the County. This Contract provides for four (4) one-year renewals at Lake County's sole option at the terms noted in the ITB. Any and all modifications to this Contract must be in writing signed by the County's Procurement Services Director or designee, LAKE COUNTY, FLORIDA Senior Contracting Officer Date: O`t `l k_0�0 Distribution: Original-RFPIContract File Copy -Contractor, Department Earning Community Confidence Through Excellence in Service" Office of Procurement Services 315 W. Main, Suite 441 P.O. Box 7800 Tavares, Florida 32778-7800 Ph (352) 343-9839 Fax (352) 343-9473 DocuSign Envelope ID: 82906931-DBD3-4D68-8C09-676A8D7E4A8B Electronic Submission of Response Synergy Recycling 20-0923 - Collection, Recycling, and Proper Disposal of Used Oil and Related Commodities I hereby certify the information Indicated for this bid is true and accurate and that my electronic signature shot( have the some legal effect as if made under oath; that l am an authorized representative of this Vendor and/or empowered to execute this submittal an behalf of the Vendor. 1, Individually and on behalf of the Vendor, acknowledge and agree to abide by all terms and conditions contained in this solicitalon as well as any attachments, exhibits, or addendum& Name of Legal Representative Submitting this Bid: Elliott Paul Date: Ju,9, 2020 Title; flllanaging Member Primary E-maf l: gp_gWsy=gy=a ng&rg Secondary E-mail: q�rg The Individual "sinning" this a, note a}ftrrM that the facts stated herein are true aryd that the response to thL, solicitation, has been submitted on behalf of the aforementioned Vendor. IM DocuSign Envelope ID: 82906931-DBD3-4D68-8C09-676A8D7E4A8B ATTACHMENT 1 — SUBMITTAL FORM 20-0923 The undersigned hereby declares that: Synergy Recycling of Central Florida has examined and accepts the specifications, terms, and conditions presented in this Solicitation, satisfies all legal requirements to do business with the County, and to furnish Collection, Recycling, and Proper Disposal of Used Oil and Related Commodities -for which Submittals were advertised to be received no later than 3:00 P.M. Eastern time on 07/29/20 or as noted in all addenda. Furthermore, the undersigned is duly authorized to execute this document and any contracts or other transactions required by award of this Solicitation. All pricing will be FOB Destination unless otherwise specified in this solicitation document. Vendor will accept payment through the County VISA -based payment system: YES 1.0 TERM OF CONTRACT The Contract will be awarded for an initial one (1) year term with the option for four (4) subsequent one (1) year renewals. Renewals are contingent upon mutual written agreement. The Contract will commence upon the first day of the next calendar month after Board approval. The Contract remains in effect until completion of the expressed and implied warranty periods. The County reserves the right to negotiate for additional services/items similar in nature not known at time of solicitation. Contract prices resultant from this solicitation will prevail for the full duration of the Contract unless otherwise indicated elsewhere. Prior to completion of each exercised term, the County may consider an adjustment to price based on changes as published by the U.S. Department of Labor, Bureau of Labor Statistics. Refer to Exhibit A -- Scope of Services. It is the Contractor's responsibility to request in writing any pricing adjustment under this provision. 2.0 METHOD OF PAYMENT The Contractor must submit an accurate invoice to the County's using department. The date of the invoice must be after delivery but no more than 30 calendar days after delivery. Invoices must reference the: purchase or task order; delivery date, delivery location, and corresponding packing slip or delivery ticket signed by a County representative at the time of acceptance. Failure to submit invoices in the prescribed manner will delay payment. Payments will be tendered in accordance with the Florida Prompt Payment Act, Part VII, Chapter 218, Florida Statutes. Tile County will remit full payment on all undisputed invoices within 45 days from receipt by the appropriate Colony using department. The County will pay interest not to exceed 1 %a per month on all undisputed invoices not paid within 30 days after the due date. 3.0 CERTIFICATION REGARDING LAKE COUNTY TERMS AND CONDITIONS: I cortify that I have reviewed the Lake County General Tenns and Conditions page and accept the Lake County General Ten-ns and Conditions dated 10/10/2019 as written. YES Failure to acknowledge may result in Submittal being deemed non -responsive. 4.0 CERTIFICATION REGARDING FELONY CONVICTION: Has any officer, director, or an executive performing equivalent duties, of the bidding entity been convicted of a felony during the past ten (10) years? NO Page 1 of 3 DocuSign Envelope ID: 82906931-DBD3-4D68-8C09-676A8D7E4A8B ATTACHMENT) —SUBMITTAL FORM 20-0923 Date: 7/29/2020 Print Name. Elliott Paul Title: Managing Member Primary E-inait Address: eplau@synergyree.yalin.g.org Secondary E-mail Address: blong@synergyrecycling The individual signing this Submittal affirms that the facts stated herein are true and that the response to this Solicitation has been submitted on behalf of the aforementioned Vendor. [ne remainder of this page is intentionally blank] Page 3 of 3 DocuSign Envelope ID: 82906931-DBD3-4D68-8C09-676A8D7E4A8B ATTACHMENT 3 — REFERENCES FORM 20-0923 List no more than five projects which best illustrates qualifications relevant to the Solicitation. References must be less than five years old. LIST no more than two LAKE COUNTY GOVERNMENT PROJECTS (past, current, prime, and subcontractor) FIRST. neW Reeycling of Central Florida PROJECT NAME: Disposal and Recovery of Waste Oil, Oily Water, Antifreeze Agency: Solid Waste Authority Address: 7501 N Jog Rd City, State, Zip code: West Palm Beach FL 33412 Contact Person, Angel Lopez Title: Purchasing Email: Alopez Gr swa,ORG Telephone: 561-640-3400 Project Cost: 4167.00 Compledon Date: 2022 SCOPE of Project (list tasks, outlines or descriptions of items). Collection of used oil filters and antifreeze, PROJECT NAME: Pickup and Disposal of Used Oil Filters and Haz Materilas Agency: City of Gainesville Florida Address: 34 SE 13th Rd Station 5 City, State, Zip code: Gainesville, F132627 -,Contact Parson: Paul Starling Title: Contract Mgr Email: starlingl-,@cityofgaineMile.org. Telephone: 3523342609 Project Cost: 10,000 Completion Date: 2021 SCOP1? of -Project (list tasks, outlines or descriptions of items): collection of waste items oil filters and antifreeze PROJECT NAME: Pick up .and transpotation and recycling of used petroleum products Agency: City of Tampa Florida. Address: 1508 N Clark Ave City, State, Zip code: Tampa Fl 33607 Contact Person: Connie Whie Arnold Title: Director Email, conode.wliite-arnold@tampagoy.net tampagov.net Telephone: 813-348-1034 Project Cost: estimated at 12,000 Completion Date: 2022 DocuSign Envelope ID: 82906931-DBD3-4D68-8C09-676A8D7E4A8B LXrE COUNTY, FL 10A - AfAt UM or,r-icp, or, PROCUREMENT'SMVICES, PFIONE:- (351) 3-43-99.3� $TO SUITS -43 315 MT MAIN. SET'i S 441 FAX; (352) 3 -9473 P0 BOX 1800 TAVARE48'VIL 32170800 ADDEND16M NO. I Daft.- JWY21,1'2020 Invitation to laid (MR) �0-0923 Collect(on, Xteqyeliago a#q Proper Disposal of Usod Oil h04 90,1440 Ommodities 4.[$ (lic vendor's responsiblilty to ensure their receipt. qP all addenda, and to clearly acknowl.edgr, all addonJa wlihin their initial bid qrpTqposI response. Acknowled&0ment 61.4y be 6011-firmod Other by lnolusjon of A -�jgtwd copy of this addendum with th6jr.respoose by c�Qmplation andfor retuffi. of the soll 1 gd 6, do dum m4 oltation, faitttr6 to ukhowW 04 ad 0 add6nduni akndwlodgotneoi..�,Wtiop of the, prevent t . lip bid -or pp()posal from being considor.0 for awam. Th.1s oddoillo qxp XMS. NOT eh.ax.ige the date for ieMpt of bids, Q(16fioiiWAMW0*' 91, Line item !; Wh9tAt'.6 the ob ' otaminationis? Al - Qbnta! liquids as ga.sotine, antlfieez6, pto, .'M. ftEftes swill be such Q�-,'Ljh: I 1s thiper drum with ho 60MAMInotons? A�, Pads 611d'abso-'rh6fts dre' $ometimesmare tbatiodd liqu)(1:needs to . - b dl aixod'kp &6'tontStoed, mator!%IA are placed in 4rum The ,paper ree clin g, Q3. Li tie It 6;Bs0ft10d usage,of V A13. J'he 06unty has not needed this itOn pl6kbd up, Wvmay in the -future, so the County is slinPly asking for "a pride as txebde4. Q4. Llne.item 7i What are the othet flqui.ds? A4, This MM 04:n be HqU10 9011 its W400 Wel. Ack-nowledgemoirat of Adde0dino: Firm -N Wn- 01 Typed/Printed Naift DocuSign Envelope ID: 82906931-DBD3-4D68-8C09-676A8D7E4A8B Mon(1104ud Su�uol 'Synerg.y OOOYCI(n 901` Central Florida LL6 Winter Haven, K 3388.1 lft2 Florida. De.parhnant of Environmental Protectio Bob Mbrflnez Ce-11ter 2-600 ]RIMNSIone Road Tallaha$see, Pbrida 32399-2400 BE IfKNOWN irmAr $.ymfty Reoyollng of Cohtml Florida LL'O .3800 W bake Hamilton Or ' ' WOW Havoft, PL a3861 0.26-9 IS ORRbY RMSTeP.110 At A WOO OIL R.Ielk Spott Govemor Carlos Lopez-Cantara U. -Governor N001) V410-0stoin ge, M't [try -jum 08, 201 a 8olf Transporter;,.rranafer. odIlty, Proaeogor,, Marketer, FJlter Trahaporter., ktor. Transfer Facility (R.A.P) The. Depgkleni orEnvironmQntal' PrPteption hereby Issues Rogletrallon Numbor RA00005301 on Julho 08,2010 Trghtp'-O-Aor Typp: 8604MO Portor This refitstration will oxpire on 061SO12019 this m0iflaale doeumOnts recelpt Of your-ShAuOl regjs1ratlon Ond MAU01 NPOM It thd badsplayad ln� prominent pla qe YOU1,61,41ne p4aym-c?mlVrooPlp1 DocuSign Envelope ID: 82906931-DBD3-4D68-8CO9-676A8D7E4A8B 10SYNERGYREC ACORD.. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 1 /31/2020 THIS CERTIFICATE 13 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCED, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL. INSURED, the polley(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement, A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER J Smith Lanier & Co of Albany 611 POINTE NORTH BLVD Albany, GA 31721 229 803 2424 M4EACT Denise Poole E 2298832424 BxD : - No : 229.436 7T 88 "I�aa• dpoole@jsmithianier.com INSURE S) AFFORDING COVERAGE NAIC 0 INSURER A. Indian Harbor ins. Co, 36940 INstIRED Synergy Recycling, LLt; 510 Shotgun Rd., Suite 110 Sunrise, FL 33326-9430 INSURER 8: XL Specialty Insurance 37885 INSURER.c : XL Insurance America Inc. 24554 INSURER D.- INSURER E : INSURER F: ..-COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVESEENiSSUED TOTHE INSURED NAMEDABOVE FORTHF POLICYPERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OIL CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY SR ISSUED OR MAY PERTAIN, THE INSURANCE= AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS .AND CONDITIONS OF SUCH POLICIES LIMIT,St, SHOWN MAY HAVE BEEN REDUCED BYpoPAID 'i i.r' IMS. TYPE OF INSURANCE . N DL 80001 POLICY NUM elm MhIlDD MM LIMITS A XI; 00MMERCIALeENERALLIABILnY CLAIMS -MADE I X1 OCCUR 13E13002043113 510112019 051011202 F_ACHOCCURRENCE $1000000 UNTED occurre a $100 000 MED EXP (Any Ohe Person) $5,000 -- PVASONAL&ADVINJURY $1,00Q.0Q0 GEN'LAGGREGATE LIMIT APPLIES PER: X Policy FIJE o- F� LOG OTHER; GENERAL AGGREGATE $2,000,000 PRODUCT$ • COMP/OP AGO $2 ooa,aoQ $ G AUTOMOBILE LIABILITY ANYAUTO SCHE AU ONLY AUTOSULED HIRED NON -OW NED AUTO$ ONLY X AUTOS ONLY I.A90401013 X MCS-90 AEGO03293500 510112019 051011202 t e aaddentslNaLE a IT 1,000 400 X X( BODILY INJURY (Per person) $ BODILY INJURY (Per accldenl) $ - PROPERTY DAMAGE eF aeddenO $ X $ 13 _x UMBRELLALIAB. BfLCE58 LIAR X OCCUR CLAIMS-MAoI ....:..UECO02043013 115/01/2019 0&01 /2020 EACH OCCURRE.NCE $8 nQ n00 A(3f3REL]ATIs $8 non 00a RED) I XC RETENTION 10000 $ WORKERS COMPENSATION ANDEMPLOYERS' LIABILITY VIN- AIyY'CO P,RIETORIPARTN TEXECUTIVE .:_.. OFFfC �Ftarrmm&ME2WEXCLIJ (*.adatory In NH) - - If yes, describe under DESCRIPTION OF OPERATIONS helovo. N7A _ _ PER OTH- E.L. EACH ACCIDENT $ E.L. DISEASE. EA EMPLOYEE $ E.L. OiSEABE - POLICY LIMIT s A Pollution Liab "" -.. - Aggregate Deductible PECO01679805 " 0."rin11za19 oo1n112n $S,nOn,00n $16,000,000 $26,000 DESCRIPTION OF OPERATIONS J LOCATIONS 1 VEHIC1.9$ (ACORD 101, Addlltonal Remarks Schedule, may bp atlached If more apses is rognlmd) Brevard County Board of County Commissioners 2725 Judge Fran Jamieson Way, Bldg C, 3rd Floor, Suite C-303 Viera, FL 32940 SHOUI:P ANY OF THU A90VE DESCRIBED POLICIES 199 CAl+foll:LLUD BSrone THE EXPIRATION 0011 THI R14OF, NOTISE WILL 00 OELIVEREO IN ACCORDANCE WITH THIS POLICY PROVI$1009. AUTHORIZED REPRESENTATIVE 0198BL-2015 ACORD CORPORATION. All riahtn rwcrnrwd ACORD 25 (20116103) 1 of 1 Tim ACORD name and Ingo are registered marks of ACOR6 147AgfiR911M4A4rk704 nVP DocuSign Envelope ID: 82906931-DBD3-4D68-8C09-676A8D7E4A8B F6VMWMW9 Request for Taxpayer Vtowbotpber0io) Identifibation Number and 4ortification t7apa ant of tha'(raasury ServIde0- Goto ww.1rs.9ovftrmWQ for Inetruotlons rind the latest Inforthation. 711-Ra-Mas �shown 66 Your lnoflm_o (ix thla Ilne: do not !pave t_Wline VanX.__ GO F00" to the requester, Do not -send to the (AS. W" 6 2 In if d ebova 8 Check Opoopriato loo0btf6doAl W6UW11160ilon of the pooftwhos.o name [a entered qn NAQ is Obq6l(only an.0 ofthe. 0 ply only lb fallowing seven boKeaMtalh 0 InstrMlons on page 0) Ifidly1duaftleproprietor oe Q 6 6,orporation El 8 Corporation p Po stngls-rriemkier LUG ExeMpt payid 00der'(1t any) UmIted llaWlllty company: Enter the tek 014991floallan (NO corporation, it;68 Oorpfttlok P-Partnership) 0. NOO- Choolk tho Appro rlotobox-lh the lino above 0;nqjgh;a E.AOMPIM feo.rn FATQA reporting LLO[fllhoOlOgs P Ingle -member LL6 that IsAsrRo4rdad 66M th6 -Own'or unless llio oyffier of tho-W W cede (l(phy) at I 9d as a ulng.lia W� LLO thkfli 461 �IsMgdrded IrOM44 46r f6i t, 'Is. klW*ddrdid Wril the &i474boOld bhftW tfie PpPrdpdatie of-lis owner, El Other (00 160vubtZhi). VP ld&eWnfl indblaRadduWdo the -VA) ( V AdIrOas'tnumbef, ot I hame MIATdro, 9 reel, enj:apt- -qr ovie no.) Sag �n%rvptloKi� as si 0 --wtadn Rd. Stilte 110 0 q[tyh MAW, and ZIP m0o. Sunrise, MUM 'ruitic0ount numberIa). here jooflonAl) IMM '15hteryoUr tIMIn-theapproprWto box, -Tho TIN provided rn. usil match the nw-ntk-q1ven on line I loavqld OdWalsacurity MAW . this IS generally your soolal soowity numWr (W). How4v . or, for a, resident illIM, soJ4 Or6priotot, or dleregardod. entity, seetho Instro.Worka. for Part-J, later! For Other If YOU do not enttloo, It 19 year orAplOyer IdOdtlftatleln number (PIN.)i a number, too How to get a EM Ell nr MAR. if tho aoOonf N; lh mb?d1han ono nbmd, we rile Ifiettudlon's �or lhio, i, AM a6§ What Nimho 00 efyipiqy(or dentiileatido 6uriwO W6&rTq 9 9 F?,OquiWter or ou lv� th bnwWsOhgffibeirtotlfitaef 9 3 s F0 I -I 3- 16 1 1' '1 11 1. The. nurnher-shown onthis form- 14 my correct taxpayer (dent0loat go I numb 6r`(0rj6rW.wailing far anU. W 'rt00U0ftM6),,afid 'a, I W, slot sub W to b4dktjp WithhoiOlho b4caoft.- m, backup withholding, or (b) I have, nIn Ma riot been.notflod ;by the Ite I Rov6n i6lijedt -to bac . kop WIthh0ldIhw3A N q otirt bf 0allure to report all- Interest or dividends , or (i�) the IM b4iq , 00. notified me th'i.4 j am 66 Mdor 6,40JOO t4# .Aokuo 40 0g; and 3. I.arn a U.S. oftn or other U.S, person (deflnpd bolow); and -4.-Then PAT0Ab"0d0(d)Whf6r6d on this form (If tiny) tridloWng that 1--pm wmpttrorn MTOAToporklng W owo(a.. Certiflc inn fttstruatlans, You MU91 aroSg -bat ltoh AbbvA ify., r havabwn in6tif lad by the IRS thM yooaregunently �Q ' bfoa� to be(qkup yfithhqldlng because y6p haV6_1WI6d t6' yopbrtAll -Ihtde�M ihd d1,Ad4nd6'qh your W rotuflm Fors al witaito t?afiwtJ,ans,)ieM 2-does. not apply. Fria, wrtgagq Imereat PaId", - of tia, d6'h1ftutIbfn8,t6 ran IndlWaal retlrefnk arrai�&rnsnt �IHA), add:ao rally, p y o.nt q A t6olgh the i%yMbatidn, but y6u ftsVPtoVIde for NO If,. later.. Slgnatura of Geoetal Instew0ong soollon references are t Internal Reverme OWe Unless othorwls.e rioted.1�1 Futore developments, For the lateot lWormation about developments ftWad. W Ami W-9 and Its Iniaruotl6a&, ooah As: ladli - datlon engelod 'after they were pu*had, go to-w~hv.go14Fkmft.' Purpose of, PQrM An hidivitlual or entity (Finn"i *9 mtquwet) who is required to Swan, Iriformeitloh r6turn w(th'thO 198 must Wain your aq.rmat Wxpayor IdontiflWalon nurnw.CNN) witlah mky hia your tootal Sec. uritir number (SSNj; d - "r'ent"'OOtl" tieXpayer tfol N;6r (tMINJ, other Vnt�Ieon an Infor63atjon 0A InOlUde, �i tare not Ilmited to -Forr100.06INT -(4jt*6gt 6AeW drb-410) onto 0. / / / /Al th,666VO.Matibc _9 .4ar mutual Form. I d.90-0 ('stock or mutual fund sslqo and mr1ajn other Icy W914.zwo) rorH I Q,99 -8(prQsesalfrqfo rehl pot Idr! 4fd Forfil 10991K (piordhorit ag'rc1 and ,third party.notworR transactions) (tuition) Porm 1090-10 (Panceloo debt) s. 6rm IrO.607A.(aq quIsItjQn or abandwimpnIt of qppuripci property) U-59 F WK W-9'only If Y04 area 0.'$, ppr,5qn (Inclod Ing a M510ont alien), 11D proV1de-yo4r c6rreot TIN.' mlght b&-4Vbj90t;tb b4akup. withholding..800 Wbatk backup wlth*dino., Won Oat, No. IMIX Form 0161 DocuSign Envelope ID: 82906931-DBD3-4D68-8C09-676A8D7E4A8B I -IN y 400 310 STRFET NK WINTC- R HAV5K'FL 38108 f M ACCOUNTM 170, SYNERGY RECYCLINO OF CENTRAL FLORID ELUOTT PAUL. 0WO W LK HAMILTON OR WINTER HAVEN, PL 08810000 3,800 W Ll,<-HAMILTON 0V 0-�4f � V 24 , 01 mEtN. JESS , P 8 j '0 mom Lk+ WW N' K TO OR SYNERGY RECYCLING -OP PENTRAL.-f). EW07PAM, W LK �800' -kA-MILTON-DR 'A N- ' 1 8 WINt-R-H FL .3-58B.1"000,0 REOM T' RWSIOT NO, DATI5,1881IEM I0/011-20 10 09PIA0- ON: 0301-2000 CLASO IDO", ProfoMlonials 40d*SfkC-F-TNW, WINTER HAVEN, r-LM861 (80)MI.0606 DocuSign Envelope ID: 82906931-DBD3-4D68-8C09-676A8D7E4A8B COLLECTION, RECYCLING, AND PROPER DISPOSAL OF USED OIL AND RELATED COMMODITIES 20-0923 L^;AkJtE COUNTY, FL REAL (LRRIRA - REAL CLOSE Office of Procurement Services P.O. Box 7800.315 W. Main St., Suite 441 - Tavares, FL 32778 Solicitation Number: 20-0923 Solicitation Title: COLLECTION, RECYCLING, AND PROPER DISPOSAL OF USED OIL AND RELATED COMMODITIES Pre -Bid Conference: See Section 3.0 Last Day to Ask Questions: 07/22/2020 CLOSING DATE: 07/29/2020 CLOSING TIME: 3:00 P.M. Eastern Vendors shall complete and return all information requested by the specified time and date or Submittal shall be rejected. TABLE OF CONTENTS 1.0 PURPOSE OF SOLICITATION............................................................................................. 2 1.1 EXHIBITS.............................................................................................................................. 2 1.2 ATTACHMENTS.................................................................................................................. 2 2.0 POINT OF CONTACT......................................................................................................... 2 3.0 PRE -BID CONFERENCE........................................................................................................ 2 4.0 QUESTIONS, EXCEPTIONS, AND ADDENDA.................................................................. 2 5.0 METHOD OF AWARD... ............. ................................................ .......................................... 2 6.0 DELIVERY AND SUBMITTAL REQUIREMENTS .................... Page 1 of 4 DocuSign Envelope ID: 82906931-DBD3-4D68-8C09-676A8D7E4A8B COLLECTION, RECYCLING, AND PROPIi R DISPOSAL OF USED OIL AND RELATED COMMODITIES 20-0923 1.0 PURPOSE OF SOLICITATION The purpose of this solicitation, is to solicit competitive scaled submittals to furnish COLLECTION, RECYCLING, AND PROPER DISPOSAL OF USED OIL AND RELATED COMMODITIES for Lake County, Florida, 1.1 EXHIBITS Exhibit A — Scope of Work Exhibit B — lnsurance.Requirements -- -Exhibit C — Review the Lake Cougq General Terms and Conditions page dated 10/10/2019. 1.2 ATTACITWNTS Attachment t — Submittal Form Attachment 2 — Pricing Sheet Attachment 3 ---- Reference Form 2.0 POINT OF CONTACT Direct ail inquiries to the Contracting Officer (official point of contact) listed: Ed. Tipton, CPSM, CPPO, CPPB, Senior Contracting Officer Telephone: 3 52- 3 4 3- 9 8 3 9 E-mail: rtipton@lalcecountyil.gov 3.0 PRE -BID CONFERENCE N/A 4.0 QUESTIONS, RXCEPTIONS, AND ADDENDA Vendors must a.xamine all solicitation docrunents -including the Lake County General Terms -:and Conditionsliag�l:coniinunietion, inquiries, or requests for exceptions are to be directed to the'Cont.ractiug Officer -listed in Section 2.0, The last day for questions or requests for exceptions is.07122/2020.: A.rr.addendum may be issued in response to any inquiry received, = _hcli ohangrie ker�ns.provisians, or requirements of the solicitation.'No answers ivory :resporis�ta grYest ons;submitted will be binding upon this solicitation unless released _ _ ........,- -..T ... - - unn::ty-e.sap. icrtatron and osted an the Lake Cauzr Formal Solicitation, -_ -site rthiS-se�licitation: W ere: tl2e a appears to be a conflict between this solicitation and any addenda, the last addendum ismed will prevail, it °is :.tlie -Vendor7s-responsibiiity :to ensure receipt of all addenda and any accompanying documentation, Failure to acknowledge each addendum may prevent the Submittal from being considered for award, Process clarification or procedure questions may be asked at any time to the Contracting Officer. 5.0 METHOD OF AWARD Each Submittal will be evaluated for conformance as responsive and responsible using the following criteria: A. Proper submittal of ALL documentation as required by this Solicitation. (Responsive) B. The greatest benefits to Lake County as it pertains to: (Responsible) 1. Total Cost; Page 2 of 4 DocuSign Envelope ID: 82906931-DBD3-4D68-8C09-676A8D7E4A8B COLLECTION, RECYCLING, AND PROPER DISPOSAL OF USED OIL AND RELATED COMMODITIES 20-0923 2. Delivery; 3. Past Performance. In order to evaluate past performance, all Vendors are required to submit at least three verifiable references / relevant projects completed within the last three years that are the same or similar in magnitude to this ITB. The County may be listed as a reference. Use Attachment 3 — References Form; 4, All technical specifications associated with this Solicitation; 5. Financial Stability: A Dun and Bradstreet report may be used by the County to evaluate Vendor's financial stability. All Vendors shall be prepared to supply a financial statement upon request, preferably a certified audit of the last available fiscal year. 6. Any other criteria that may be specific to your Solicitation. Awards will be made to the most/lowest responsive, responsible, Vendor whose Submittal represents the best overall value to the County when considering all evaluation factors. The County reserves the right to make awards on a lowest price basis by individual item, group of items, all or none, or a combination; with one or more Vendors; to reject any and all offers or waive any minor irregularity or technicality in submittals received. Submittals received before the closing date and time listed will be opened, recorded, and accepted for consideration. Vendors' names will be read aloud and recorded. Submittals will be available for inspection during normal business hours. in the Office of Procurement Services 30 calendar days after the Solicitation due date or after recommendation of award, whichever occurs first. 6.0 DELIVERY AND SUBMITTAL REQUIREMENTS A. Hand delivery of submittals will not be accepted. B. RESPOND TO THIS SOLICITATION ON-LINE — Click Here for online submittal. C;_ A response will not be accepted if completed and submitted after the official due date and time. D.. Submission ..indicates - a&.=.binding offer to the County and agreement of the terms and conditions referenced in -this Solicitation. Do not make any changes to the content or format of any form without County permission. All information must be legible, E. Submittal must include: ❑ Completed Attachment 1— Submittal Forin; o Submittal must be signed by an official authorized to legally bind the firm to its provisions. Include a memorandum of authority signed by an officer of the company if the signor is not listed as a corporate officer on the firtn's SunBiz registration.. © Proof of Sunbiz.org registration; ❑ Include a completed W-9 farm; ❑ Completed Addenda issued. Failure to include signed addenda may be cause for Submittal to be considered non -responsive; Q Completed Attaclunent 2 —Pricing Street; ❑ Completed Attachment 3 -- Reference Form; Page 3 of 4 DocuSign Envelope ID: 82906931-DBD3-4D68-8C09-676A8D7E4A8B COLLECTION, RE, CYCLING, AND PROPER DISPOSAL OF USED OIL AND RELATED COMMODITIES 20-0923 Q Proof of insurance or evidence of insurability at levels in Exhibit B — Insurance Requirements; ❑ Any Contractor required licenses; ❑ And any additional submittafrequirements. F. The County is not liable or responsible for any costs incurred in responding to this Solicitation including, without limitation, costs for product or service demonstrations if requested. G. Interested parties may listen to the 3:01 P.M. solicitation opening by calling 1-�321-332- 7400, Conference ID '971 920 3 6# or clicking on this link: Join Microsoft Team r Meeting [The remainder of this page intentionally left blank) Page 4 of 4 DocuSign Envelope ID: 82906931-DBD3-4D68-8C09-676A8D7E4A8B EXHIBIT A -- SCOPE OF WORIC/SERVICES 20-0923 COLLECTION, RECYCLING, AND PROPER DISPOSAL OF USED OIL AND RELATED COMMODITIES W-, purpose of this solicitation is to award to one vendor for the collection, recycling and proper disposal of used oil, used oil filters, used antifreeze, sludge, pacts and oil absorbents on an as - needed basis, This is an indefinite quantity term contract with no guarantee of wage volume or that services will be required, The County does not guarantee a minimum or maximum dollar amount to be expended resulting from this Invitation to Bid. Vendors must provide all equipment and personnel required. to collect, transport, screen, treat and recycle used oil, used antifreeze, used oil filters, sludge, pads and oil absorbents. The vendors ... must also be responsible to dispose of these materials according to the Florida Department of Environmental Protection regulations. Vedic must have e a mini i Yn n as "I, y Aaro ; the 1,n , waste • e a.,,..,..,po : . .1n.,,,�s; .....��;�.aT� ,.,k..]"(:.i.�.., tij3vv W/ 1t."10 Aria �uv A,c�,�'irdvi3a rJaa�P Cullrntlfiiri� ii ua�lult, treatments, disposal of the used oil, used oil filters, used antifreeze, sludge, pads and oil absorbents. Vendors must have valid FDOT and EPA identifications numbers for the transportation of the used oil, used oil filters, used antifreeze, studio, pads and oil absorbents, Vendors must include copies of these identification numbers with their bad submittal. Vendor personnel must have the appropriate State of Florida driver's licenses for the transportation of the materials, Vendors vehicles must be labeled and placarded per state and federal requirements, -: Vendors r ust :y e:, o.cedu es for preening unacceptable used oil, used oil filters, used antifreeze, sludge; Toads and..oil absorbents. , Vendors are to attach a copy of these procedures or an explanation or these procedures to their bid submittal, -be- z s bnsible eorling all unusable products: Vendors w111 be responsible for iosal--o ariy.-mator-ial-Ahat becomes contaminated along with any of the containers. 2-VehU6r =h9t ieleritify llxt e4t%optj storage or disposal facilities they will utilize during any contract awarded for this ITB, The vendors will need to submit the following for each facility utilized, • Name of Facility • Address of Facility • Phone Number of the Facility • Contact Person for the Facility • Copies of Each Applicable State and/or Federal Permits • Compliance Status • .Any Notices of Violations in the Past Two (2) Years o Explanations of Violations (Explain what changes that have occurred to snake the facility appropriate and safe to utilize at this time) Page I of 4 DocuSign Envelope ID: 82906931-DBD3-4D68-8C09-676A8D7E4A8B EXHIDI T A — SCOPE OF'WORI ISERVICES 20-0923 COLLECTION, RECYCLING, AND PROPER DISPOSAL OF USED OIL AND RELATED COMMODITIES The County reserves the right to inspect with reasonable notice any facility used for the management of the used oils, filters and antifreeze. Vendors must supply at no charge to the County all equipment (15, 30 or 55-gallon drums, etc.) to store the used oil, used filters and used antifreeze. The amount of material to be recycled, treated or disposed of will be determined by utilizing metered removal, gauging or physical measurement. Vendors mast be able to make requested pick ups within 3 business days of being notified by the County. Vendors must also be able to train all necessary County employees on the proper storage of the used oil, used oil filters, used antifreeze, sludge, pads and oil absorbents. The County priority is to recycle and reuse products as deemed acceptable. Products not'recycled, . reused or treated must be disposed per state and federal regulations. Standard operational.hours of all the participating entities will be from 8:00am to 5:00pm Monday through Friday. All pickup locations will be closed for County observed holidays. Actual hours of operations and closures of the participating locations will be provided to any awarded vendors. Consistent with the administrative needs of the County, certain relevant data regarding purchases of goods and services -under County contracts is to be gathered and maintained. Accordingly, each vendox under this contract is to provide monthly and quarterly reports to the County as to the nature of the goods and services purchased from the vendor by the County during the preceding months, These should also breakdown goods and services by each location. Whil .th6 County.reservea.the.riglit..t6 add or delete locations, the following is a current list:of locations being serviced by this contract: Fleet Maintenance 20423 Independence Blvd Groveland, FL 34736 Open: Monday -Friday Central facility 13130 County Landfill Road Tavares, FL 32778 Open: Monday -Saturday Lady Labe 1200 Jackson Street Lady Lake, FL 32 t 59 Open.: Tuesday and Saturday Astor 54711 Astor Transfer Station Road Astor, FL 32102 Page 2 of 4 DocuSign Envelope ID: 82906931-DBD3-4D68-8C09-676A8D7E4A8B E.XIIIBIT A — SCOPE OI, WOMSER VICES 20-0923 COLLECTION, RECYCLING, AND PROPER DISPOSAL OF USED OIL AND RELATED COMMODITIES Open, Tuesday and Saturday Clermont Log House 10435 Loghouse Road Clermont, FL 34711 Open: Wednesday and Saturday Paisley 25014 Rancho Lane Paisley, FL 32767 Opera.: Wednesday and Saturday Pine Lances 32520 W. State Road 44 Deland, FT_; 32120 Open: Thursday and Saturday PRICE REDETERMINATIOiNS The contractor may petition for one or more price redeterminations where such price redetenninations. are necessitated by documented increases in the cost of wages or fuel, Petitions for price redoternninations should be made within thirty (30) calendar days of the anniversary date of the contract and only after the contract has been in effect for at least one (1) year. Unless otherwise expressly set forth in the contract, no other price redeterrninations will be allowed. All price.redeter ninations j once issued�.will be prospective frarxr the date of approval unless otherwise ::. approved by a duly executed amendment to the contract. A..,_ ]Basis .for Price. Redbterminations:. Price redetermination will be based solely upon changes : ::_: -_:. _ ticirr r-casts..ducurriented 6. either the Employment Cost Index C or Producer Price yfL � -. Index.(PPly) ' clT&gr is rplicable, as puublished by the Bureau of Labor Statistics. The base ----'irld rr�iilr-f.-t1II 11=U.e for the quarter in which the IT$ opens. The base index -_ nir:thy-P7i11fQ_flemonth the ITB opens. Any subsequent price recle#ernainations redprkkimination approved for that price redetermination category as the :- . _...._ ... ".base. -'index nunabez.' . `i'he County shall have the right to audit the Contractor's records, - „--......__- includ4 g `buti_z at=liri�itiec� to�-payroll, materials, and fuel cost records, to verify or otherwise .investigate the validity of any price redetermination) request. B. Wage Price Redetermination. When requesting a price redetermination based upon an increase in wage costs, the ebntractor should refer to and utilize the Employment Cost Index, Total Compensation; Private Industry, Index Number and Occupational Group at as prepared by the Bureau of Labor Statistics in the U.S. Department of Labor located on the Statistics Site. The base figure will be tied. to Trade, transportation, and utilities under the heading Service Providing Industries. Wage price redetermination increases will be granted only by reason of wage increases associated with the contractor's employees or subcontractors performing work or services pursuant to the contract. C. Minimum Wage Price Redetermination. If the minimum wage increases during the term of the contract, including any renewal or extension period thereunder, the contractor may .petition for price redetermination for those job categories where the pay to the contractor's employees Page 3 of 4 DocuSign Envelope ID: 82906931-DBD3-4D68-8C09-676A8D7E4A8B El KHIRIT .A -- SCOPE OF WORK/SERVICES 20-0923 COLLECTION, RECYCLING, AND PROPER DISPOSAL Or USED OIL AND RELATED COIV MODITIES is the current minimum wage. Upon verification of the information provided, the County will grant an increase of exactly the amount of the minimum wage increase (not the percentage increase). The contractor must increase the pay to the employees by the amount the contractor has requested, which shall not exceed the amount of the minimum wage increase. The amount paid to the contractor will be the increase plus any written and documented increase in FICA, Medicare, and Workers' Compensation insurance. The contractor must supply written documentation of any other increase that is beyond the scope and control of the contractor. All written documentation must satisfy the reasonable expectations of the Procurement Services Director and Internal Auditor. D. Fuel Price Redetermination. If the price of fiiel increases by a minimum of ten (10%) percent, the contractor may petition for a fuel price redetermination. As a condition of petitioning for a fuel price increase, the contractor will be required to petition for a fuel price redetermination decrease if -the price of fuel decreases by a minimum of ten (10%) percent. Failure to make such petition may be grounds for contract termination and shall entitle the County to a refund of the cumulative increase 3n.pay tit the cullu'a4titr dire to any prior fuel p�Ilie zeueternrfnatron xucreases. -Fuel price redetermination must be based solely upon changes as documented by die Producer Price Index (PPI) for the commodities "Unleaded Gasoline .. WPU057104" or "#2 diesel fuel - WPU057303," as such may be applicable to the Contractor's operations in connection with the contractor's performance of the contract. All Price Redetermination shall be calculated as demonstrated in this example: Contractor indicated on the Submittal Form that thirty percent (30%) of the cost to provide the producklservice is directly attributed to the redetermination category (wage, fuel, or material). Current applicable PPI $200.50 ----------Base index PPI - '179.20 PPI increase dollars $21.30 PPI increase percentage 11.9% ($21.30 + $179.20 = .1189) -_ - Unit cost of the service is: $100.00 _ .. 30°/o of $100.00.is directly $30.00 attributed to the redetermination category $30.00 x 119% = $3.57 New unit price is $103.57 ($100 + $3,57) E. Expiration Upon Failure to Agree to Price Redetermination. If the County and the contractor cannot agree to a price redetermination, then the contract will automatically expire without penalty or -further expense to either party after a period of six (6) months following the contractor's initial request for such price redetermination. Requests for pricee-redeterminations not made in accordance with the provisions of this section shall be deemed- mull and void and shall not be a valid reason or pretext for expiration or termination of the contract. If the contract expires pursuant to the terms and conditions of this section, the County -reserves the might, at no expense, penalty, or consequence to the County, to award any remaining tasks thereunder to the next available most responsive and responsible contractor. [The remainder of this page intentionally left blank] Page 4 of 4 DocuSign Envelope ID: 82906931-DBD3-4D68-8C09-676A8D7E4A8B EXHIBIT B — INSURANCE REQUIREMENTS 20-0923 Vendor shall provide proof of insurance capabilities, including but not limited to, the i equirements of this Solicitation.. Coverage does not have to be in effect prior to a Purchase Order or Contract being executed by the County, .Awarded. Vendor (Contractor) shall provide an original certificate of insurance reflecting coverage in accordance with the requirements of this Exhibit B within live working days of such request. It must be received and accepted by the County prior to contract execution and before work begins. Contractor shall provide and maintain, insurance policies with a company(ies) authorized to do business in the State of Florida, and which are acceptable to the County, insuring the Contractor against any and all claims, demands, or causes of action whatsoever, for injuries received or _ damage to property relating; to the performance of duties, services, or obligations of the Contractor under the terms and provisions of the Contract without cast or expense to the County during the entire term of any Contract. Contractor is responsible for timely provision of certificates of insurance to the County at the Certificate Holder address evidencing conformance with the Contract Tequirements at all times throughout the term of the Contract, Such policies of insurance, and confirming certificates of insurance, must ensure the Contractor in accordance Mich t he following tru i-Mrarl limits: 1. General Liability insurance on forms no more restrictive than the latest edition of the Occurrence Form Commercial General Liability policy (CG 00 01) of the Insurance Services Office or equivalent without restrictive endorsements, with the following minimum limits and coverage; Each Occurrence/General Aggregate $1,000,000/2,000,000 Products -Completed Operations $2,000,000 Personal & Adv. Injury $1,000,000 Fire Damage $50a 000 Medical Expense $5,000 _C:antractual Liability Included .2.- .Automobile.liab.ility-iiisuiaiioc, including all owned., non -owned, scheduled, and hired autos _. with the following minimum limits and coverage: trtr--bined Single Limit $1,000,000 omgcnsat>on.:insimcdBased on proper reporting of classification codes and payroll -.arrxvrmts .in:aeff&:dano W _—_Chapter 440, Florida Statutes, and any. other applicable law _n' __:,re:uiritrgrvtirizscrrnperation.(Federal, maritime, etc.). If not required by law to maintain .:;'WOr1Cer5-' GE911Gip nSa i(li lnS t nC �r llle Contractor must provide a notahzed statement to not .-...: ,bold the County responsible for anypayment or compensation. -- 4. ErAptoyers'-Liability insurance with the following minimum limits and coverage: Each Accident $1,000,000 Disease -Each Employee $1,000,000 Disease -Policy Limit $1,000,000 5. Professional liability and specialty insurance (medical malpractice, engineers, architect, consultant, environmental, pollution, errors and omissions, etc.) insurance as applicable, with, minimum limits. of $1,000,000 and annual aggregate of $2,000,000. Lake County, a Political Subdivision of the State of Florida, and the Board of County Commissioners, must be named as additional insured as the County's interest may appear on all applicable liability insurance policies. The certificates of insurance must provide for a minimum of thirty (30) days prior written notice Page I of 2 DocuSign Envelope ID: 82906931-DBD3-4D68-8C09-676A8D7E4A8B EXHIBIT B — INSURANCE REQUIREMENTS 20-0923 to the County of any change, cancellation, or nonrenewal of the provided insurance. It is the vendor's specific responsibility to ensure that any such notice is provided within the stated timofirarart.e to the County, Contractor must provide a copy of all policy endorsements reflecting the required coverage, with Lake County listed as an additional insured along with all required provisions to include waiver of subrogation. Contracts cannot be completed without this required insurance documentation. (Note: .A simple COI WILL NOT be accepted in lieu of the policy endorsements). Certificates of insurance must identify the applicable solicitation .number in the Description of Opmations section of the Certificate. Certificate Holder must be; LAKE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, AND THE BOARD OF COUNTY COMMSSIONERS. P.O. BOX 7800 TAVARES, FL 3Z778-7800 Certificates of insurance must evidence a waiver of subrogation in favor of the County, that coverage will be primary and noncontributory, and that each evidenced policy includes a Cross Liability or S everability of interests provision, with no requirement of premium payment by the County. Contractor will be responsible for subcontractors and subcontractors' insurance. Subcontractors must provide certificates of insurance to the Contractor evidencing coverage and terms in accordance with the Contractor's requirements. All self -insured retentions must appear on the certificates and will be subject to approval by the County. At the option of the County, the insurer must reduce or eliminate such self -insured retentions, or the Contractor or subcontractor must procure a bond guaranteeing payznont of losses and related claims expenses. The County will bo exempt:'from,:-and in no way liable for, any sums of money, which may .-:.:represezit - a -deductible:.ar;;�olf:ingured.ietention in any insurance policy. The payment of such deduotibl"x::scll":ins ed- retention will be the sole responsibility of the Contractor or subcontractor providing such insurance. -_ - _ 1= =:Iailute=ta obtain 'and malntain:uch.iisurance asset out above will be considered a breach of c6a: kt "d may result in termination of the Contract for default. N h1f r:upproval bythe,Corm afany_insurance supplied by the Contractor or subcontractors, nor _._-: -.. _: •.___.a.._failure _ .to -disapprove that ins�xrance, will relieve the Contractor or subcontractors of full _responsibility for liability, .damages,_and accidents as set forth in this solicitation or any contract arising from this solicitation. - [Remainder of this page intentionally left blank) page 2 of 2 DocuSign Envelope ID: 82906931-DBD3-4D68-8CO9-676A8D7E4A8B AMPLE CERTIFICATE OF INSURANCE Professional Services Contract HIGH LIMITS CERTIFICATE OF LIABILITY INSUIMNCE I DAM VmY9aYtiYr, 7315 CERTIFICATe IS ISSUED AS A (NATTER OF INFORMATION ONLY AND CONFER& NO RIGHTS UMN THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES tIOT AFFIRMATIVELY OR NEGATIVeLY AMENVr EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLMIES Subcontractor's BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT coNsTritRE A CONTRACT BETWEEN THE ISSUING INSURERIS), AUTHORIZED Insurance Broker REPRESENTATIVEORPRODUCER, AND T1fECERTIFICA7EICOLDER. IMPORTAHTs If the cerilticato Holder is an ADDITIONAL INSURED, the poltay(tes) must be endorsed, N SUBROGATION IS WAIVEb, sub cot to the term and.eonditiaris orthe Poway, certain poNcles may require an endorsement, A statement on this certificate does not annrer riDM5 tefho certificate holder in lieu of such endorsement s , PROVOCET - AGENGY MANAGER, INC 2500 BOND STREET VNrWASITY PARK IL 60460- onelN u� xnAeE ear Famed Insured AtiT"WNER$ (ThisShoUld EMPLOYERS match the subcontractor name listed on the contract) "Claims Made" or "Modified t— Occurrence" is rtat acceptable Auto Liability must be Written on an "any auto" basis, Including hirad% . non -owned ► VENDOR 123 61AIN STREET SAN FRANCISCO, CA45670 /•fYllICYIAI�CQ I-rFlY1L°li-A re �.unen. THIS IS TO CERTIFY THAT THE POLTCIEB OF INSURANCE LISTED BELOW HAVE BREW ISSUED TO THE INSURE4 hiA &OAf 01M FOR THR POUCY PERICU -IN=';50. !:iT!"J:".7Ys*Ai-'e7:t'.G n.".".' B.�C;J11ROJE.. 1 TEPA0 W. CONDITION 'OF AW a"kO.`.f :ACT OR O TIER fi +..UnKdT Yv/YH RESPPECir EO ;iuti" Irinr CERTIMCtATG MAY 9E ISSUED OR MAY PERLAM, THE INSURANDA AFFORDED BY TW MLICIES DEECRIBEU HE" 15 BUSMOT 70 ALL THE TER101% EXCLUSIONS MDWNDiTIONSGFSUWFOLICIES,U111 9BHOMMAYiiAVNBEENREDUCEDBYFA10CLAMS, TO 7Y E dP I SaRAxCE , AWL 90fln Y PKICY E11P L 8 ... 991 ERALLIABILITY Oohlslf:RclAJ._G u],sI�RT 01,NALSh�IOtt WOOR Ti M 123456709 03i07020 ON712021 a 1,000.000 A flee,..:...... LI Np LJ Qrsnn 50,000 n P600 j3wW&fi0yNgIAy 1,00DA00 n BerlATJt P I IATF3nICPd00A2 2,000,000 Q10,araeR.uant a BIn w OF�It POLICY 000;000 � A AWOM INUCLauTa.lrr ANY M74J FjyI �p A4ir o NC IMISD IfArjDx InRMAxTOfl . AUIN x 345a78sio. Oa191020 00r0712D21 Limit -1.�.... 1000.000 w 00nLVINJURYlvor "mq 1 anDiL< INJunYiPEtAWdvll) S n S 3 "�"=' - 1aaaR8LLA LIM l{eLTAB ? aCrl'at etieusunng _ pACIf GCChRIiFIdCE Aeeuern� ����'��� N. A re n 'D,' -lUrniillbry"INIe..:•;.;-v:�_�_ ��oEscfllrttanCFOPEwATIaNs lnenarvlNACRnAYIpJ - r sMP69YERYtuslliTY AAµNyYA 67.0R:pA11rNEAleJIECIrrNa aPrltl s�h� flA1 eR¢xcLmEC2 :...' fII"tee deeerlee a. aam,r..�--.'-.--' xJAX -:,• 010B7U 004020 03r0712021 asTA @ FJuGIr t,e0d,000 P.J,IN9rA65.EAPe7APLCYe .1 ..P00 Ie.L.CI Sa. NQt.DY LIIAIY '1,OPP,000 Vr'Drds°t. 07aota] 007r= M10712021 OGo $1,000,0001Agg$znna,oDo Ce00HIPr[flxi DP00f1Ih111k0I Lao ATiOIto "a" jOt,Miw,mttryvola 19erdure, IYmalu Ir�ea h f84u1f6�1 d431)1rR018et Nama Xel ticabLhotdar Ie grenteladManapnsuled statla Iy �i _G :Ig pF pN(y Drnl Auto 1,1B6Illtyypotctan art.a prhnary alid non conrdbutorybride. wh[y s ter �ORbrod6lEen•aT9'Pmwlded �rtfMehr'RtCadI0li�iQ I9Obderrof(,`atleral LrCbDny, oiD LlalsiGty arsd 111raTkars' Can>PenanOcn,'illbty f3011 doyy m4tleR 9o0ca of -Tanosl a06rcls4{14} daye farDan�IaymentaT premfunl ts;pmWrled.9hn Inewonooelddonaad bYthis csrPOcsW cantalnu Crosc Llabl0ly &6everabSlty at Ilttsmsls proVIAlans- Lake L:bl}aly, a pOT0oa1 1l1lQtYLSrOM1 Of Ulo Slate rsT BHOULU ANY OF "19 ABOVE DEWRIBED POUCIP3i Oil CANCEL= UNADRE THIS EXPIRATION DATE THEREOF. NOTICE VnLL nB RE,L MM) IN Florida and tha Board of Owrily Cvmmlesionen ArieONDANDH WITH 7L15 POLICY PRoMsions. P,O. Box 7800 t lmicnnesnePueeUnrATN9 Tavares, FL 3270SM10 NVF/RV 'lair tRy FU�VQ] Certificate holder should read exactly as shown Were V Laan5Wn11 AWKU GUK1`UlXK1I0N, All f1Uhls 1`0991lBLL 'thd ACORD mono end logo arb r09181 rod mr4a al'ACOM) Must be singed by agent "PLEASE REFER TO YOUR CONTRACTTO VERIFY COMPLIANCE WITH ALL REQUIREMENTS" Date Certificate ♦ Produced Agency Contact 0 Information Minimum required coverage Ilmits This section �+ must reference the job num bar & project name. Description should reads as shaven here DocuSign Envelope ID: 82906931-DBD3-4D68-8C09-676A8D7E4A8B LADE COUNTY, 1 LORIDA -- G]EINE A L TEERMS AND CONDITIONS, TABLE OF CONTENTS DEFINITIONS......................................................................................................................................... 3 INSTRUCTIONS TO VENDORS........................................................................................................... 3 PREPARATIONOF PROPOSALS ......................................................................................................... 4 COLLUSION................................................................,............................................................................ 4 PROHIBITION AGAINST CONTINGENT FEES....................................................:............................. 4 CONTRACTING WITH COUNTY EMPLOYEES................................................................................ 5 INCURREDEXPENSES......................................................................................................................... 5 AWARD.................................................................................................................................................... 5 GRANTFUNDING ...... ............. ................. .............. ................................................................................ 5 STATE REGISTRATION REQUIREMENTS ........................................................................................ 6 PRIMECONTRACTOR ....... ................................................................................................................... 6 SUBCONTRACTING.............................................................................................................................. 6 GENERAL CONTRACT CONDITIONS................................................................................................ 6 GOVERNINGLAW ................ ................. .<_..,.,r,_.,.::,:----- ................,..---•........--•-....... ....... ,........ .,.,....:..6 COMPLIANCE OF. LAWS, REGULATIONS, AND LICENSES.......................................................... 6 CONTRACTEXTENSION..................................................................,..,....................r..........,............... 6 MODIFICATIONOF CONTRACT.......................................................:................................................ 7 ASSIGNMENT......................................................................................................................................... 7 NON-EXCLUS I VITY ...... ...................:................... . ......................... ....................................................... 7 OTHERAGENCIES................................................................................................................................. 7 CONTINUATIONOF WORK ................................................................................................................. 7 WARRANTY....................................................................................................................................... 7 DEFICIENCIES IN WORK TO BE CORRECTED BY THE CONTRACTOR .................................... 7 COUNTYIS TAX-EXEMPT..,...,..,.....:.....................................................,.............................................. 8 -SHIPPING TERMS, F.O.H. PESTINATION...............................................,..................................,,....... 8 ACCEPTANCE 0J .QOOM OR SERVICES......................................................................................... 8 ,..........,'........................ ........... ..:.......................... :.......... ,....:-.:PURCHASKOF OTHERJT—EMS....,...........-..:.':r................. ........................ .:........ ..................... .................... .�a—m.a.���.�as_.���SAJ�4.w-,�+�f.�.n .]-c.-,-u.:.✓'ttr:.J....�.v:ri.vi.nav�.r.1 trJl.iitw.r-,-.n:.naH..ivr............ ......rr,..................... ......,,.r,................. ,,,,......... ....... s 1/4ATERIAL_SAELTY.._.DA: A' SHEET_(MSDS)..................................................................................... 9 - TOBA QP�R-OD- TOTS,.:.,..,.:;....�:..........,.,................. ......... .........•..:......,,.................................................. 9 :. ...................... 9 PROTECTION-OF _PROPERTY .................................. ............................................................................. 9 CERTIFICATE OF COMPEITNCY/LICENSURE, PERMITS, AND FEES.....................................10 TRUTH IN NEGOTIATION CERTIFICATE......................................................... 10 COMPETENCY OF -VENDORS AND ASSOCIATED SUBCONTRACTORS..................................10 RESPONSIBILITY AS EMPLOYER.................................................................................................10 MINIMUM WAGES .................................... .. ........ ..,.........,............ ,......,....... .......... ...".............. ......>....1 I INDEMNIFICATION .......................... ...................... ,............................................................. ,....,...,....11 TERMINATION FOR CONVENIENCE ..............................................................................................1 I TERMINATION DUE TO UNAVAILABILITY OF CONTINUING FUNDING ............................... I3 TERMINATION FOR DEFAULT .......... ................................... .......... ................. ............. •.,,................ I I FRAUD AND MISREPRESEN'I'ATION..............................................................................................1 I Page I of 1a Version I.0.I.0.2019 DocuSign Envelope ID: 82906931-DBD3-4D68-8C09-676A8D7E4A8B LAKE C IJIVTY IfLORIDA — GENERAL TERMS AND CONDITIONS RIGIITTO AUDIT................................................................................................................................12 PROPRIETARY/CONFIDENTIAL INFORMATION ..........................................,...............................12 PUBLICENTITY CRIMES...................................................................................................................12 PUBLICRECORDS LAW.....................................................................................................................12 COPYRIGHTS......................................................................................................... 14 .............................. SOVEREIGNMWUNITY...................................................................................................................14 COMPLIANCE WITH FEDERAL STANDARDS ................................................... :........................ ...14 E-VERIFY..........................................................................................................................................4...14 r HEALTR INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPP.A) ........................14 FORCEMAJEURE..............:............................................................,,.,...................I....I.............I.......15 NOCLAIM FOR DAMAGES...............................................................................................................15 CERTIFICATION REGARDING SCRUTINIZED COMPANIES..,,,......,.,,...........I..............I............15 NOTICES ...o ...:.......:..... Page 2 of 15 Verslon 10,10.2019 DocuSign Envelope ID: 82906931-DBD3-4D68-8C09-676A8D7E4A8B LAKE COUNTY2 PLORI -- N,+ RAL TERMS AND CONDITIONS DEFfNITIONS Contract: The agreement to perform the services set forth in a document signed by both parties with any attachments specifically incorporated. Contractor: The vendor to whom award has been made. County: Labe County, Florida, a political subdivision of the ,State of Florida, Proposal: Any offer submitted in response to a solicitation. Solicitation: The written document requesting bids, quotes, or proposals from the marketplace. Vendor: Any entity responding to a solicitation or performing under any resulting contract. INSTRUCTIONS TO VENDORS A. Vendor 0•ualification., The County requires Vendors provide evidence of compliance with the requirements below upon. request: 1, Disclosure of Employment. 2. Disclosure of Ownership. 3, Drug -Free Workplace. ■i n ___ n t nn Forms � t mot_ _ r._. . 4. vd-9 an o s v9, r orals — as requiredby 'Me .internal Revenue Service. 5. Americans with Disabilities Act (ADA). 6. Conflict of Interest. 7, Debarment Disclosure AffideAt. 8, Nondiscrimination. 9, Family Leave, 10, Antitrust laws - By acceptance of any contract, the Vendor agrees to comply with all applicable antitrust laws. B. Public Enti jy Crimes: Pursuant to Section 287,133, Florida Statutes, a person or affiliate who has been placed on: the convicte.d.vendor list following a conviction of a public entity crime may not be awarded or porform.w.ork, as a contractor,- supplier, subcontractor, or contractor under a contract with any public -bntity in-eicess of the threshold amount provided in Section 287.017, Florida Statutes, for-:Catego Tvwo:.f0r a poriocl.:of:fruity-six (36) months from the date of being placed on the convicted vendor list. _ - ----C,s�r,tntso;'alicitatxa�xanrl Voiidcrs� Res onsibilitie: The Vendor shall be thoroughly familiar q4iijaaf6ilffi Whis-srd citaEi n. Ignorance of these matters. by the Vendor will not be ---.- _= u eptech s a is: or: aryl ig-1✓lr -requirements of the County, or the compensation to be paid. - = - L�, :`l e tricted 37iscussia� _From e "-d.ate-of solicitation issuance until final County action, Vendors will not discuss =any part af-.the:-soliciWion with any employee, agent, or other representative of the County except- as expressly authorized by the designated procurement representative. The only communications that will be considered pertinent to a solicitation are appropriately signed written documents from the Vendor to the designated procurement representative and any relevant written document promulgated by the designated procurement representative. F. Changes to Proposal: Prior to the scheduled due elate, a Vendor may change its Proposal by submitting a new one with a letter on the flrm's letterhead, signed by an authorized agent stating that the new submittal replaces the original. The new submittal must contain the letter and all information as required in the solicitation. G. Withdrawal of Proposal: A Proposal will be irrevocable unless it is withdrawn as provided in a solicitation: A Proposal may be withdrawn, either physically or by written notice, at any time prior to solicitation award. If withdrawn by written notice, that notice must be addressed to, and received Page 3 of 15 Version 10.10.2019 DocuSign Envelope ID: 82906931-DBD3-4D68-8C09-676A8D7E4A8B LATE COUNTY, FLORIDA - GENERAL TERMS AND CONDITIONS by, the designated procurement representative. The letter must be on company letterhead and signed by an authorized agent of the Vendor. R Conflicts within the Solicitation: Where there appears to be a conflict between the General Terms and Conditions, Special Conditions, the Technical Specifications, the Pricing Section, or any addendum issued, the order of precedence will be: the last addendum issued, the Proposal Price Section, the Technical Specifications, the Special Conditions, and then the General Terins and Conditions. It is incumbent upon the Vendor to identify such conflicts to the designated procurement representative prior to the Proposal due date. I. Prompt Payment Terms: Payment for all purchases by County agencies will be made in a timely manner and interest payments will be made on late payments in accordance with Part VII, Chapter M, Florida Statutes, known as the Florida Prompt Payment .Act, The Vendor may offer cash discounts for prompt payments; however, such discounts will not be considered in determining the lowest price during Proposal evaluation. PREPARATION OF PROPOSALS 1A, The mirig nsection of a solicitation defines requirements of items to be purchased and m.- be r---^ +� completed and submitted with the Proposal. -Use of any other .form or alteration of the form may result in rejection of the Proposal. B. The Proposal submitted must be legible. Vendors shall type or use an ink to complete the Proposal. All changes must be crossed out and initialed in ink. Failure to comply with these requirements may cause the bid. to be rejected, C. An authorized agent of the Vendor's film must sign the Proposal. The County may reject any Proposal not signed by an authorized agent. D. The Vendor may submit alternate Proposals for the same solicitation provided that such offer is allowable under.tU.Iorms..and Conditions:. The alternate Proposal must meet or exceed the minimum .Tequirements -aAd b-o.subinitted as a separate Proposal marked "Alternate Proposal". is :a..discrepaiacy..b_etween-the unit prices and any extended prices, the unit prices will prevail. A_... &. My "Proposal; rccevod after tlid..designated receipt date will be considered late and will not be considered for award. COLLUSION `-z�-=p hdre•:tauo 4.,or:_xrrore-rolat6d roes acli.:subrnit a Proposal for the same contract, such Proposals will :'------' be-liires uzied to be collusive -"Related partie4" mean the Vendor or the principals of the Vendor which . have a director indirect ownership interest in another Vendor for the same contract or in which a parent companyor the principals of the parent company of one Vendor have a direct or indirect ownership interest in another Vendor for the same contract, Furthermore, any prior understanding, agreement, or . connection between two (2) or more corporations, firms, or persons submitting a Proposal for the same materials, supplies, services, or equipment will also be presumed to be collusive. Proposals found to be collusive will be rejected, Vendors which have been found to have engaged in collusion may be considered non -responsible and may be suspended or debarred. Any contract resulting from collusive bidding may be terminated for default. PROHIBITION AGAINST CONTINGENT FEES The Vendor warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the Vendor to solicit or secure the Contract and that they have not paid Page 4 of 15 Version 10.10.2019 DocuSign Envelope ID: 82906931-DBD3-4D68-8C09-676A8D7E4A8B .._ „ LAKE COUNTY, FLORIDA-- GENERAL TERMS AND CONDITIONS or agreed to pay any person, company, corporation, individual., or firm, other than a bona fide employee working ,solely for the Vendor, any consideration contingent upon or resulting from the award or malting of the Contract. CONTRACTING WITH COUNTY EMPLOYEES Any County employee or immediate family member seeking to contract with the County shall seek a conflict of interest opinion from the County Attorney prior to submittal of a Proposal. The affected employee shall disclose the employee's assigned function within the County and interest or the interest of his or her immediate family in the proposed contract and the nature of the intended contract. INCURRED EXPENSES A solicitation does not commit the County to make an award nor will the County be responsible for any cost or expense which may be incurred by any Vendor in preparing and submitting a Proposal, or any cost or expense incurred by any Vendor prior to the execution of a purchase order or contract. AWARD A. The Contract resulting frorn a solicitation may be awarded to the responsible Vendor which submits a Proposal determined to provide the best value to the County with price, technical, and other applicable factors considered. The County reserves the right to reject any and all Proposals, to waive irregularities or technicalities, and to re -advertise for all or any part of this solicitation as deemed in its best interest. The County will be the sole judge of its best interest. B. When there are multiple line items in a solicitation, the County reserves the right to award on an individual item basis, any combination of items, total low bid, or in whichever manner deemed in the best interest of the County. This provision specifically supersedes any method of award criteria stated in the solicitation when such action is necessary to protect the best interests of the County. C. The County reserves the right to reject any and all Proposals if it is determined that prices are excessive or determined to be unreasonable, or it is otherwise determined to be in the County's best interest to do so. D. Award of a solicitation will be rmade to firms satisfying all necessary legal requirements to do business with the County. The County .may conduct a pre -award inspection of the Vendor's site or. _hold a--pre-award qualification- hearing..to determine if the Vendor is capable of performing the requirements of a solicitation. 7. B -: The :Vendor's performance as a Contractor or subcontractor on previous County contracts will be considered in evaluating the responsibility of the Vendor. F. Any tie situations will be resolved in consonance with current written procedure in that regard. G. Award of the contract resulting from this solicitation may be predicated on compliance with and submittal of all required documents as stipulated in the solicitation. H. A Vendor wishing to protest any award decision resulting from a solicitation may do so per the Procurement Protest Procedures site. GRANT FUNDING In the event any part of a Contract is to be firnded by federal, state, or other local agency monies, the Vendor hereby agrees to comply with all requirements of the funding entity applicable to the use of the monies, including Rill application of requirements involving the use of minority firms, women's business enterprises, and labor surplus area firms. Contractors are advised that payments under the Contract may be withheld pending completion and submission of all required forms and documents required of the Contractor pursuant to the grant funding requirements. Page 5 of 15 Version.10.10.2019 DocuSign Envelope ID: 82906931-DBD3-4D68-8C09-676A8D7E4A8B LADE COUNTY FLORIDA — GENERAL 'PERMS AND CONDITIONS STATE REGISTRATION REQUIREMENTS Any entity conducting business in Florida. shall either be registered or have applied for registration with the Florida Department of State in accordance with Florida law, unless exempt from registration. A copy of the registration may be required prior to award of a Contract. Additional information is available fi•om the Florida Department of State, Division of Corporations, by visiting the Florida Department of State home page. PRIME CONTRACTOR The Vendor awarded a Contract shall act as the Prime Contractor and will assume frill responsibility for the successful performance under the Contract. The Vendor will be considered the sole point of contact regarding meeting all requirements of the Contract. All subcontractors may be subject to advance review by the County regarding competency and security concerns. No change in subcontractors may be made without the consent of the County after the award of the Contract. Vendor will be responsible for all insurance, permits, licenses, and related matters for any and all subcontractors. County may require the Vendor to provide any insurance certificates required by the work to be performed even if the subcontractor is self -insured. SUBCONTRACTING Unless otherwise stipulated in a solicitation, the Contractor shall not subcontract any portion of the work without the prior written consent of the County. Subcontracting without the prior convent of the County may result in termination of the Contract for default. GENERAL CONTRACT CONDITIONS The Contract will be binding upon and will inure to the benefit of each of the parties and of their respective successors and permitted assigns. The Contract may not be amended, released, discharged, rescinded or abandoned, except by a written instrument duly executed by the parties. The failure of any party at any time to enforce any of the provisions of the Contract will in no way constitute or be construed as a waiver of such provision or of any other provision of the Contract, nor in any way affect the validity of, or the right to enforce, each and every provision of the Contract, Any dispute arising during Contract performance that is not readily rectified by coordination between the Vendor and the County user _.__.... department will be referred to Procurement Services. GOVERNING LAW - The inteipreta.tion, -effect, and validity of any contract will be governed by the laws and regulations of =the State ofElorida:, and Lake County, Florida. Venue of any court action will be solely in Lake County, Florida. The vendor hereby waives its right to a jury trial. COMPLIANCE OF LAWS, REGULATIONS, AND LICENSES The Vendor shall comply with all federal, state, and local laws and regulations applicable to provision of the goods or services specified in a solicitation. During the term of a Contract, the Vendor assures that it is in compliance with Title VII of the 1964 Civil Rights Act, as amended, and the Florida Civil Rights Act of 1992, in that the Vendor does not on the grounds of race, color, national origin, religion, sex, age, disability or marital status, discrimination in any form or manner against its employees or applicants for employment. The Vendor understands that any Contract is conditioned upon the veracity of this statement. CONTRACT EXTENSION The County has the unilateral option to extend a Contract for up to ninety (90) calendar days beyond the current Contract period. In such event, the County will notify the Vendor in whiting of such extensions. Rage G of 15 Version 10,10,2019 DocuSign Envelope ID: 82906931-DBD3-4D68-8C09-676A8D7E4A8B LADE COUNTY FLORIDA -- GENERAL TERMS AND CONDITIONS The Contract may be extended beyond the initial ninety (90) day extension upon mutual agreement between the County and the Contractor. Exercise of the above options requires the prior approval of the Procurement Services Director. MODIFICATION OF CONTRACT Any Contract resulting from a solicitation may be modified by mutual consent of duly authorized parties, in writing through the issuance of a modification to the Contract or purchase order as appropriate. This presumes the modification itself is in compliance with all applicable County procedures. ASSIGNMENT The Contractor shall not assign or transfer any Contract resulting from a solicitation,'including any rights, title or interest in the Contract, or its power to execute such Contract to any entity without the prior written consent of the County. This provision includes any acquisition or hostile takeover of the Contractor. Failure -to comply in these regards may result in termination of the Contract for default. NON -EXCLUSIVITY it is the intent of the Cowsty to enter into an agreement that will satisfy its needs as described within a solicitation. However, the County reserves the right to perform, or cause to be performed, all or any of the work and services described in a solicitation in the manner deemed to represent its best interests. in no case will the County be liable for billings in excess of the quantity of goods or services provided under the Contract, OTHER AGENCIES Other governmental agencies may xnal{e purchases in accordance with -the Contract with Contractor consent. Purchases are governed by the Contract's terms and conditions except for the Change in agency name. Each agency will be responsible and liable for its own purchases for materials or services received. CONTINUATION OF WORK ;Any work that. a mrrionces prior t%: end will extend, beyond the expiration date of any Contract period must; unless terminated by i utual writton agreement between the County and the Contractor, continue change to the then current prices, terms and conditions. WARRANTY. AIL=+ssitiranties.prc.sriir�piidstbxiade available to the County for goods and services covered ` _- 5,----- y a s acitaticin 11: gofl°ds: i n sh-dMust�be fitlly guaranteed by the Vendor against factory defects by the most favorable commercial warranty given for le;qu utlt� - duT5=o s rvXces and the rights and remedies provided in the Contract will he in ac ditiowto-the warranty and Flo not limit any right afforded to the County by any -other provision of a solicitation. Contractor shall correct any and all apparent and latent defects that may occur within the manufacturer's standard warranty period at no expense to the County. The special conditions of a solicitation may supersede the rnanrxfacturer's standard warranty. DEFICIENCIES IN WORD TO BE CORRECTE, D BY TIN CONTRACTOR Contractor shall promptly correct all apparent and latent deficiencies or defects in works or any work that fails to conform to the Contract documents regardless of project completion status. All corrections must be made within seven (7) calendar days after such rejected defects, deficiencies, or non - conformances are verbally reported to the Contractor by the County's project administrator. Contractor must boar all costs of correcting such rejected work. If the Contractor fails to correct the 'work within the period specified, the County may, at its discretion, notify the Contractor, in writing, that the Contractor is subject to contractual default provisions if the corrections are not completed to the Page 7 of 15 Versfort 10.10.2019 DocuSign Envelope ID: 82906931-DBD3-4D68-8C09-676A8D7E4A8B LAKE COUNTY FLORIDA — GENERAL TERMS AND CONDITIONS satisfaction of the County within seven (7) calendar days of receipt of the notice. If the Contractor fails to correct the work within the period specified in the notice, the County may place the Contractor in default, obtain the services of another Contractor to correct the deficiencies, and charge the incumbent Contractor for these costs, either through a deduction from the final payment owed to the Contractor or through invoicing. If the Contractor fails to honor this invoice or credit memo, the County may terminate the contract for default. COUNTY IS TAX-EXEMPT When purchasing on a direct basis, the County is generally exempt from Federal Excise Taxes and all State of Florida sales and use taxes (85-801387470OC-1). Visit Lake County Tax Exemption Certificate gaga to print a copy of the certificate. Except for items specifically identified by the Vendor and accepted by the County for direct County purchase under the Sales Tax Recovery Program, Contractors doing business with the County are not exempt from paying sales tax to their suppliers for materials to fulfill contractual obligations with the County, nor will any Contractor be authorized to use any of the County's Tax Exemptions in securing such materials. ,SHIPPING TERMS. F.O.S. DESTINATION The F.O.B. point for any product ordered as a result of a solicitation will be F.O.B.; DESTINATION — Inside Delivery, FREIGHT ALLOWED. The County will not consider any Proposal showing a F.O.B. point other than F.O.B.; Destination — Inside Delivery. ACCEPTANCE OF GOODS OR SERVICES The products delivered as a result of a solicitation will remaill the property of the Contractor, and services rendered under the Contract will not be deemed complete, until a physical inspection and actual usage of the products or services is accepted by the County and must be in compliance with the terms in the contract, fully in accord with the specifications and of the highest quality. Any goods or services purchased as a result of a solicitation or Contract may be tested/inspected for compliance with specifications. In the event that any aspect of the goods or services provided is found to be defective or does not conform to the specifications, the County reserves the right to terminate the Contract or initiate corrective action on the part of the Contractor, to include return of any non -compliant goods.to the:Contractor_at-the Contractor's expense, requiring the Contractor to either provide a direct replacement for -the -item; or a fitil -credit for the returned item. The Contractor shall not assess any additional ebargeg.for:any ccinforfi-iing action taken by the County under this clause. The County will -- - not be responsible4o7pay-for any-product=or service that does not conform to the Contract specifications. In-addition,=an-y-defective product -or service or any product or service not delivered or performed by the date specified in a purchase order or Contract, may be procured by the County on the open market, and any increase in cost may be charged against the Contractor. Any cost incurred by the County in any re - procurement plus any increased product or service cost will be withheld from any monies owed to the Vendor by the County for any Contract or financial obligation. ESTIMATED QUANTITIES Estimated quantities or dollars are for the Vendor's guidance only and may be used in the award evaluation process. No guarantee is expressed or implied as to quantities or dollar value that will be used during the Contract period. The County is not obligated to place any order for a given amount subsequent to the award of a solicitation. In no event will the County be liable for payments in excess of the amount due for quantities of goods or services actually ordered. Page 8 of 7 Version 10.10.201.9 DocuSign Envelope ID: 82906931-DBD3-4D68-8C09-676A8D7E4A8B LAKE COUNTY l A71S1JJL3..�" l]f1yA\,�-A�1\1 �1A7 AND CONDITIONS PURCHASE OF OTIMR ITEMS While the County has listed all major items within a solicitation, there may be ancillary or similar items purchased by the Comity during the term of a Contract. The Contractor will provide a price quote for the ancillary items, The County may request price quotes from all Contractors under Contract if there are multiple Contracts. The County reserves the right to award these ancillary items to the primary Contractor, another Contract Contractor based on the lowest price quoted, or to acquire the items through a separate solicitation. Although a Contract may identify specific locations to be serviced, it is hereby agreed and understood that any County department or facility may be added or deleted to the Contract at the option of the - County. The location change will be addressed by formal Contract modification. The County may obtain price quotes for the additional facilities -.froze other Vendors in the event that fair and reasonable pricing is not obtained from the Contractor, or for other reasons at the County's discretion, It is hereby agreed and understood that the County may delete service locations when such service is no longer required, upon fourteen (14) calendar days' written notice to the Contractor. SAFETY The Contractor will be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work and for complying with all requirements of the Occupational Safety and Health Administration Act (OSHA). The Contractor shall take all necessary precautions for the safety of and shall provide the necessary protection to prevent damage, injufy, or loss to persons or property. The Contractor shall provide all standard equipment, work operations, safety equipment, personal protective equipment, arld lighting required or mandated by State, Federal, OSHA, or Americans with Disabilities Act of 1990 (ADA) regulations. The Contractor shall designate a competent person of its organization whose duty will be the prevention accidents__at -thc_-.Mte..:: Th s per.uri '�rzst be literate and able to communicate fially in the English .. :. -- language because of the iiecessily t6T0iA job instructions and signs, as well as the need far conversing with . County . personnel.- ..This person -must be the Contractor's superintendent unless otherwise - designated in writing by the Contractor to the Contract Manager. -_ MATERIAL SAFETY DATA SHE, ET (MSDS) _- -� Thc: Contractor=xs�espo i ib: e_tci,-:trrl ure h ounty has received the latest version of any MSDS required 2��rr -Sect oxi-191-1�00�vi#h lrc axst shipment of any hazardous material, The Contractor shall r ~ ::M pxanapxly_provideMSD:S _ 6- au Garrity with the now information relevant to the specific material at any time the content of an MSDS is revised. TOBACCO PRODUCTS Tobacco use, including both smoke and smokeless tobacco is prohibited on County owned property, CLEAN-UP If applicable, all unusable materials and debris must be removed from the premises at the end of each workday and disposed of in an appropriate manner. The Vendor shall thoroughly clean lip all areas where work has been involved as mutually agreed with the associated user department's project manager upon final completion. PROTECTION OF PROPERTY All existing structures, utilities, services, roads, trees, shrubbery, and property in which the County has an interest must always be protected against damage or interrupted services by the Contractor during the Page 9 of 15 Version 10.10.2019 DocuSign Envelope ID: 82906931-DBD3-4D68-8C09-676A8D7E4A8B m - -- LAKE, CO 1r1TY.�I{' FLORIDA G,lIa1VERAE TERMS, AN])ONDITIONS C,,,,.,:__,W,�„� term of a Contract. The Contractor will be held responsible for repairing or replacing property to the satisfaction of the County which is damaged by reason of the Vendor's operation on the property. In the event the Vendor fails to comply with these requirements, the County reserves the right to ,secure the required services and charge the costs of such services back, to the Contractor. CERTIFICATE OF COMPETENCY[LICENSURE, PERMITS, AND FEES Any Vendor that submits an offer in response to a County solicitation shall, at the time of such offer if requured, hold a valid Certificate of Competency or appropriate current license issued by the State or County Examining Board qualifying the Vendor to perform the work proposed. If work for other trades is required in conjunction with a solicitations and will be performed by subcontractors hired by the Vendor, an applicable Certificate of Competency/license issued to the subcontractors must be submitted with the Vendor's offer; provided, however, that the County may at its option and in its best interest, allow the Vendor to supply the subcontractors certificateilicense to the County during the offer evaluation period. The Vendor is responsible to ensure that all required licenses, permits, and fees (to include any inspection .fees) required for a project are obtained and paid for, and shall comply with all laws, ordinances; regulations, and building or other code requirements applicable to the wort, contemplated in a solicitation, Damages, penalties, or tires imposed on the County or the Vendor for failure to obtain required licenses, permits, inspection or other fees, or inspections will be borne by the Vendor. TRUTH IN NEGOTIATION CERTIFICATE Any organization awarded a Contract must execute a truth -in -negotiation certificate stating that the wage rates and other factual unit costs are accurate, complete, and current, at the time of contracting for each Contract that exceeds One Hundred Ninety -.Five Thousand dollars ($195,000,00). Any Contract requiring this certificate will contain a provision that the original Contract price and any additions will be 'adjusted to exclude any significant sums by which the County determines the Contract price was ..-increased :dua to:�naccurate;-incomplete, ox non -current wage rates and other factual unit costs. All such Oon tract 4ustih6hts Will be made within one (1) year following the end of the Contract, OOi1�iiPETE�I.CY=C1PiC� "ORS AND ASSOCIATED SUBCONTRACTORS __ 1L= e�ed.•fromx B s,which are regularly engaged in the business of providing or distrih.uting the:�goods:o ervices=�lescril�ed in the solicitation, and who can produce evidence of a �� ,nansiste�nt -satisfautor eaorrl ot`letformanice. The County may consider any evidence available to it of technical,..nan .vtlner quul.iiioations and abilities of any Vendor responding under a ,.- . solicitation,<�icluclinn pastfonceith`the County. Vendor must have sufficient financial support - „- aiid:or;anizatri_taerisuxe satiffao�ory e4ivery Linder the stated solicitation teis and conditions of any ontrac;t awarded. In the vvennt-the--Venndof intends to subcontract any part of its work or will obtain the - goods specifically offered under -the Contract from another source of supply; the Vendor may be required to verify the competency of its subcontractor or supplier. The County roscives the right, before awarding the Contract, to requite a Vendor to submit such evidence of its or its subcontractor's qualifications. RESPONSIBILITY AS EMPLOYER The employees of the Contractor will always be considered its employees, and not an employees or agents of the County. The Contractor shall provide employees capable of performing the work, as required: The County may require the Contractor to remove any employee it deerns unacceptable. All employees of the Contractor may be required to wear appropriate identification. Page 10 of 15 Version 10.10,2019 DocuSign Envelope ID: 82906931-DBD3-4D68-8C09-676A8D7E4A8B + _ i + { D CONDITIONS ��C OUNTY'i'LOItID,r# -- GIwN»RAL TItJR.MS AN MINIMUM WAGES Under the Contract, the wage rate paid to all laborers, mechanics and apprentices employed by the Contractor for the work under the Contract, must not be less than the prevailing wage rates for similar classifications bf work as established by the Federal Government and enforced by the U.S. Department of Labor; Wages and Hours Division, and Florida's Minimum Wage requirements in Axticle X, Section 24 (f) of the Florida Constitution and enforced by the Florida Legislature by statute or the State Agency for Workforce Innovation by rule, whichever is higher. INDEMNIFIC.A,,TION. To the extent permitted by law, the Contractor shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature. arising .out of, relating to or resulting from the performance of.the Contract by the Contractor or its employees, agents, servants, partners, principals or subcontractors. The Contractor shall pay all claims and losses in connection with those claims and losses, and shall investigate and defend all claims, suits or actions of any !dud ornature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees' which may be incurred. The Contractor expressly understands and agrees that any insurance protection required by the Contract or otherwise provided by the Contractor will in no way limit the responsibility to indemnify, Keep and hold harmless and defend the County or its officers, employees, agents and instrumentalities as provided in a solicitation or any Contract arising from a solicitation. TERMINATION FOR. CONVENIENCE The County, at its sole discretion, reserves the right to terminate the Contract upon thirty (30) days' written notice. Upon receipt of sucli xotice, the Contractor shall not incur any additional costs under the -Contract..-The County will, be liable-.only=for reasonable. costs incurred by the Contractor prior to Notice ..of tomainatiori. The County will be the sole judge of "reasonable costs." ;.:.-..-_ := TEIlllrt IATYON.DUE 'TO UNAVAILABILITY OF COP TINUING FUNDING Whcnfutis=of=e:riof appraptiated tirw:dther�vise made available to support continuation of performance in :: � s 1 �lZ ►i a fi : -al y ar tic: ntrdd will be cancelled, and the Contractor will be reimbursed Rf W :° .foi-the _reasoria to value f rr : o ienurring costs incurred amortized in the price of the supplies or- . serviceshasks delivered under the contract. TERMINATION FOR. DEFAULT 'The-Ctsutyres rv-es the .right=to'tei'i-riinate:any Contract arising from a solicitation, in part or in whole, or affect other appropriate remedy in'the event the Contractor fails to perform in accordance with the terms and conditions stated in the Contract. The County fiu-ther reserves the right to suspend or debar the Contractor in accordance with the County's ordinances, resolutions and administrative orders. The Contractor will be notified by letter of the County's intent to terminate and the Contractor will be given ton (14) days to cure the breach. In the event of termination for default, the County may procure the required goods and services from any source and use any method deemed in its best interest. All re - procurement costs will be borne by the Contractor. FRAUD AND MISK, PRESS, NTATION Any individual, corporation or other entity that attempts to meet :its contractual obligations through fiaud, misrepresentation or other material misstatement, may be debarred for up to five (5) years. The County as a further sanction may terminate or cancel any other Contracts with such individual, corporation. or Page 11 of 15 Verslon 10.10.2019 DocuSign Envelope ID: 82906931-DBD3-4D68-8C09-676A8D7E4A8B LAVE COUNTY I+'L�' RIJDA --- GENERAL TERMS AND CONDITIONS entity with such Vendor held responsible for all direct or indirect costs associated with termination or cancellation, including attorneys' fees. RIGHT TO AUDIT The County reserves the right to require the Contractor to submit to an audit, by any auditor of the County's choosing, The Contractor shall provide access to all of its records, which relate directly or indirectly to this Agreement at its place of business during regular business hours. The Contractor shall retain all records pertaining to this Agreement and upon request make them available to the County for three (3) complete calendar years following expiration of the Agreement. The Contractor agrees to provide such assistance as tray be necessary to facilitate the review or audit by the County to ensure compliance with applicable accounting and financial standards. If the Contractor provides technology services, the Contractor must provide Statement of Standards for Attestations Engagements (SSAE) 16 or 18 and System and Service Organization Control (SOC) reports upon request by the County. The SOC reports must be full Type 11 reports that include the Contractor's description of control processes, and the independent auditor's evaluation of the design and operating effectiveness of controls. The cost of the reports will be paid by the Contractor. If an audit inspection or examination pursuant to this section discloses overpricing or overcharges of any nature by the. Contractor to the County in excess of one percent (10/6) of the total contract billings, in addition to making adjustments for the overcharges, the reasonable actual cost of the County's audit must be reimbursed to the County by the Contractor. Any adjustments or payments which must be made as a result of any such audit or inspection of the Contractor's invoices or records must be made within a reasonable amount of time, but in no event may the time exceed ninety (90) calendar days, from presentation of the County's audit findings to the Contractor. This provision is hereby considered to be included within, and applicable to, any subcontractor agreement entered into by the Contractor in performance of any work under this Agreement. PROPRIETARY/CONFIDENTIAL >I•NFORMATIO.N . Vendors --are hereby'h6tified .that. all iiiforination submitted as part of a Proposal will be available for _ . -publiq inspec andri-co itnpliance-with ChapTer 119 of the Florida Statutes (the "Public Record Act" ). The - -- - -;.=: _ endor. shoi�l _ i� t sutsmit =ui� t nfoxmati�ota:<xn response to a solicitation whieb the Vendor considers Wt or 66nfzdenhal...=- The:;sttbrrrWion of an information to the Count to connection with a pr- cry-;.� ..:. y information y • . . w solid iti:a v ll l .d err d:auw&ivetAraMxelease of the submitted information unless such information is exempt or confidential under the Public Records Act. PUBLIC ENTITY CRIMES -.A person or affiliate who has been placed on the convicted vendor list following a conviction of a public entity crime may not be awarded or perfoxxtt work as a contractor, ,supplier, subcontraotor, or consultant under a contract with any public entity in excess of the threshold amount provided in Florida. Statutes, Section 287.017 for Category Two for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. PUBLIC RECORDS LAW Pursuant to section 119.0701(2)(a), Florida Statutes, the County is required to provide Contractor with this statement and establish the following requirements as contractual obligations pursuant to the Agreement: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA, STATUTES, TO THE DONTRACTOWS DUTY Page 12 of 15 Version 10.10.2019 DocuSign Envelope ID: 82906931-DBD3-4D68-8C09-676A8D7E4A8B LADE COUNT ' FLORIDA GE, NERAL TERMS AND CONDITIONS TO PROVIDE PUBLIC RECORDS RELATING TO THIS SOLICITATION, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 352-343-98399. PURCHASING LAKECAUNTYFL.GOV, by mall, Office of Procurement Services, Attn: Ron Falange, P.A. Box 7800 Tavares, FL 327M By entering into this Contract, Contractor acknowledges and agrees that any records maintained, generated, received, or kept in connection with, or related to the performance of sci vices provided under, this Contract are public records subject to the public records disclosure requirements of section 119,07(1), Florida Statutes, and Article 1, section 24 of the Florida Constitution. Pursuant to section 119,0701, Florida Statutes, any Contractor entering into a contract for services with the County is required to; A. Keep and maintain public records required by the County to perform the services and work provided pursuant to this Contract. - B. Upon request from the County's custodian of public records, provide the County with a copy of the requested records or allow the records to be inspected or copier' within a reasonable time 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 publie records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion or termination of the Contract if the Contractor does not transfer the records to the County. D. Upon completion or termination of the Contract, transfer, at no cost, to the County all public records in the possession of the Contractor or keep and maintain public records required by the County to perform the service. if the Contractor transfers all public records to the County upon completion or termination of the Contract; the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and . i 4intains..priblio:rec.orals-upan.Ooampletiori or termination of the Contract, the Contractor shall meet --:— -_ _ atequiibm-on( records. A11 records stored electronically must be --- - — -- - _. pro i - -Ab_t d"County luponte:quest :from the County's custodian ofpublic records, in a format that . - ==sozxipatible with the information technology systems of the County. -- = .l oquests irasped:or crop ubli records::relating to the-County's Contract for services must be made IfContractor-reoeives any such request, Contractor shall instruct the.requestor - to -y..:dbes not possess the records requested, the County. shall.. immediately notify -the Contractor of such request, and the Contractor iuust provide the records to the County or otherwise allow the records to be inspected or copied within a reasonable time. Contractor acknowledges that failure to provide the public records to the County within, a reasonable time maybe subject to penalties under section 119.10, Florida Statutes. Contractor further agrees not to release any records that are statutorily confidential or otherwise exempt front disclosure without first receiving prior written authorization from the County. Contractor shall indemnify, defend, and hold the County harmless for and against any and all claims, damage awards, and causes of action, arising from the Contractor's failure to comply with the public records disclosure requirements of section 119.07(1), Florida Statutes, or by Contractor's failure to maintain public records that are exempt or confidential and exempt from the public records disclosure requirements, including, but not limited to; any third party claims or awards for attorney's fees and costs arising therefrom. Contractor authorizes CoLatty to seek Page 13 of 15 Version 10,10,2019 DocuSign Envelope ID: 82906931-DBD3-4D68-8C09-676A8D7E4A8B LAIC; COUNTY, FLORIDA — GENERAL TERMS AND CONDITIONS declaratory, injunctive, or other appropriate relief against Contractor from a Circuit Court in Lalce County on an expedited basis to enforce the requirements of this section. COPYRIGHTS Any copyright derived from a Contract will belong to the author, The author and the Contractor shall expressly assign to the County nonexclusive, royalty free rights to use any and all information provided by the Contractor in any deliverable or report for the County's use which may include publishing in County documents and distribution as the County deems to be in its nest interests. If anything included in any deliverable limits the rights of the County to use the information, the deliverable will be considered defective and not acceptable and the Contractor will not be eligible for any compensation. SOVERE, IGN IMMUNITY County expressly retains all rights, benefits and immunities of sovereign immunity in accordance with Section 768.28, Florida Statutes. Nothing PO will be deemed as a waiver of immunity or the limitations of liability of County beyond any statutory limited waiver of immunity or limits of liability. Nothing in this PO will inure to the benefit of any third party for the purpose of allowing any claim against County, which would otherwise be barred tinder the law, COMPLIANCE WITH FEDERAL STANDARDS All items to be purchased trader a Contract must be in accordance with all governmental standards to include, but.not be limited to, those issued by the Occupational Safety and Health Administration (OSHA), the National. Institute of Occupational Safety Hazards (NIOSH), aad the National Fire Protection Association (NFPA). .U+ -VERIFY Upon award of a Contract, .thc Contractor shall utilize the -U.S. Department of Homeland Security's E- Verifr.system in -accordance with the. -terms governing use of the system to confirm the employment :...:...eligibility bf all new .persons hired by the Contractor during the term of the Contract. :-The'..=Contractov—sh4. iri-elude:in:a11-:contracts with subcontractors performing work pursuant to any `-::==ontrt;te5ees:reiie�entthatstitbcontractorsutilizetheU.S. Departmenn# ofl3omeland Security's ae'aotlane wifhhtetns governing use of the system to confirm the employment ibilityTafAlw� loyem.hired by subcontractors during the teen of the subcontract. _ _ MA1LT1F[ INSU LAiN(:.1 TORTADYLITY .AND ACCOUNTABILITY ACT (MPPA.) - :____..--The :Connractor -may: b required to- eatocuto a Business Associate Agreement, pursuant to the Health. InsumceF -Portability -and Accountability -Act of 1996 (P.L. 104-191) (codified at 42 U.S.C. Section 1320d, et. seq.), and regulations contained in 45 C.F.R. Parts 160 and 164. If the Contractor obtains any information governed by 42 U.S.C. Section 290dd-2 and the regulations implemented by the Substance Abuse and Mental Health Services Administration at 42 C.F.R. Part 2 (collectively referred to as the "SAMHSA regulations"), whether froze the County or another source, while providing services to the County under this Agreement, the Contractor shall only use or disclose that information pursuant to the SAMHSA regulations. The Contractor will also comply with any and all laws under the State of Florida governing the confidentiality of health information, including but not limited to records or other documents containing medical, menW health, or substance abuse information. Page 14 of 15 Version 10.10,2019 DocuSign Envelope ID: 82906931-DBD3-4D68-8C09-676A8D7E4A8B LADE COUNTL„i+LORmA -. GENERAL TERMS AND CONDITIONS FORCE MAJEURE The parties will exercise every reasonable effort to meet respective obligations under the Contract, but will not be liable for delays resulting from force majeure, or other causes beyond reasonable control, including, but not limited to, compliance with revisions to Government law or regulation, acts .ofnature, acts or omissions of the other party, fires, strifes, national disasters, wars, riots, transportation problems or any other cause whatsoever beyond the reasonable control of the parties. Any such cause may be cause for appropriate extension of the performance period. NO CLAIM FOR DAMAGES No claim for damages or any claim other than for an extension of time may be made or asserted against the County because of any delays. No interruption, interference, inefficiency, suspension, or delay in the commencement or progress of the work will relieve the Contractor of duty to perform or give rise to any right to damages or additional compensation from the County. The Contractor's sole remedy will be the right to seek an extension to the Contract time. However, this provision will not preclude recovery of damages by the Contractor for hindrances or delays Clue solely to fraud, bad faith, or active interference on the part of the County. CERTIFICATION REGARDING SCRUTINIZED COMPANIES The Contractor hereby certifies that, pursuant to Section 287.135, Florida Statutes, it is not listed on the Scrutinized Companies that Boycott Israel and is not participating in a boycott of Israel. 'The Contractor understands that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject it to civil penalties, attorneys' fees, and costs. The Contractor further understands that any contract with the County for goods or services may be terminated at the option of the County if the Contractor is found to have submitted a false certification or has been listed on the Scrutinized Companies that Boycott Israel list or is participating in a boycott of Israel. For purchases of $1 million or more: y, submitting a response to .anysolicitation, the Contractor hereby certifies that, pursuant to Section 287.135; T-lorida -Statutes, Jt is, not listed -on the Scrutinized Companies with activities in the Iran Petrolot>�n-E�riergyS ectot.-List::or-.the.Sd tinized. Companies with Activities in Sudan List, is not listed ize d-_Companies =that Boymott1grael and is not participating in a boycott of Israel, and is -7� .-ono- engaged rabusin.�s-op�eratiansirr..Citbanr Syria. The Contractor understands that pursuant to Section .S7FI3S,:.Eloddag&tatutes,4he:'submission,_of a false certification may subject it to civil penalties, -attefavy-0 fees,4.a:ndl costs: _ :Th&Xontraet�r. further understands that any contract with the County for -- -. =-- ow ang"J ices:�of °l millir ai.:irior -m y-be terminated at the option of the County if th Contractor --- .—.-- __:is if6dion or has been listed on the Scrutinized Companies with . activitics in the Iran ketroleum E4crgY Sector List or the Scrutinized Companies with Activities in Sudan List, is listed on the Scrutinized. Companies that Boycott Israel list or is participating in a boycott of Israel, or is engaged in business operations in Cuba or Syria. NOTICES All notices given by one party to the other party -under a contract'inust be delivered to the receiving party's address set forth on the Contract either by band, qualified courier, or email and will be deemed received the clay after it is transmitted. For County, it Feast he addre'ssed to the Office of Procurement Services, PO Box 7800, 315 West Main Street, Suite 441, Tavares, Florida, 32778 or purcha sing�lakccounty#1. gov. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLAND] Page 15 of 15 Version 10.10.2019 DocuSign Envelope ID: 82906931-DBD3-4D68-8C09-676A8D7E4A8B Al l,Fi:.NrVltIV 1 4 - I'fU4 )%A;1 bNU I Exhibit B 20-0923 e.: our! Ir SAVE AND SUBMIT AS AN EXCEL FILE The Contractor will furnish all labor, materials, tools, transportation and equipment necessary to provide services to County. Actuals are unknown and are estimated for evaluation purposes only. 1 Used Ail Recycling Price paid to the County Gallon 13,322 $0.00 $0.00 f Price paid by the County Gallon 13,322 $0.00 $0.00 2 Used Oil -Contaminated Disposal Price paid to the County Gallon 1 $0.00 $0.00 Price paid by the County Gallon 1 $0.00 $0.00 1 3 Used Oil filter Recycling Price paid to the County Each 1 1,326 $0.00' $0.0.0 Price paid by the County Each 1,320 I$0.00 $0.00 4 �+seu Mneiireexe Recycling Price paid to the County Gallon 1,841 $0.00 $0,00 Price paid. by the County Gallon 1,841 $0.00 I$0.00 5 Pads and Oil Absorbents Recycling Price paid to the County I Each 330 $0.00 $0.00 Price paid by the County {E Each 330 1$85.00 I$28,050.Op I 6 Sludge, Recycling Price paid to the County Gallon 1 $0.00 1$0.00 Price paid by the County I Gallon 1 $2.26 $2.26 I 7 Other Liquids Recycling Price paid to the County Gallon 1 $0.00 $0.00 ..Price'pbld by -the County Gallon 1 $1.86 $1,86 8 : VAC Truck with'.op&rator Dour 1 $110.00 $110.00 _ - Grand Total $28,164.12 9 Name and telephone number of person to contact for emergency service: Name: Jeff Englin Telephone: 813-410-4974 Disaster Assistance Contact person: Jeff Englin Disaster Contact Number(s): 81.3-410-4974 10 Calendar days required to commence contract: 7 The following information Is required for price redetermination consideration. Assuming prices quoted. nclude costs for vehicles, maintenance, repair, insurance, fuel, wages, Insurances, other employee benefits, materials, overhead, operating expenses, etc,, 0.00% what percentage of the rate is directly attributed to the cast of fuel? Which does the firm use: Diesel fuel or Gasoline? Diesel Assuming prices quoted include costs for vehicles, maintenance, repair, insurance, fuel, wages, materials, overhead, operating expenses, etc,, what percentage of the rate Is directly 0.00% attributed'to the cost of wages? This is an indefinite quantity contract with no guarantee use of services. The County does not guarantee a dollar amount to be expended on any contract resulting from this solicitation. DocuSign Envelope ID: 82906931-DBD3-4D68-8C09-676A8D7E4A8B ITB No. 20-0923 Collection, Recycling, and Proper Disposal of Used Oil and Related Commoditeis Synergy Recycling of Central Florida 3800 W. Lake Hamilton Drive Winter Haven, FL 33881 866-492-6789 Item Description UOM QTY Unit Price Total Price 1 Used Oil Recycling GAL 13,322 $0.00 $0.00 2 Used Oil -Contaminated Disposal GAL 1 $0.00 $0.00 3 Used Oil Filter Recycling EA 1,320 $0.00 $0.00 4 Used Antifreeze Recycling GAL 1,841 $0.00 $0.00 5 Pads and Oil Absorbents Recycling EA 330 $85.00 $28,050.00 6 Sludge Recycling GAL 1 $2.26 $2.26 7 Other Liquids Recycling GAL 1 $1.86 $1.86 8 VAC Truck with Operator HOUR 1 $110.00 $110.00 GRAND TOTAL BID PRICE $28,164.12 DocuSign Envelope ID: 82906931-DBD3-4D68-8C09-676A8D7E4A8B ITB No. 20-0923 Collection, Recycling, and Proper Disposal of Used Oil and Related Commoditeis Petrotech Southeast, Inc. 23800 County Road 561 Astatula, FL 34705 407-656-8114 Item Description UOM QTY Unit Price Total Price 1 Used Oil Recycling GAL 13,322 $0.50 $6,661.00 2 Used Oil -Contaminated Disposal GAL 1 $3.00 $3.00 3 Used Oil Filter Recycling EA 1,320 $0.00 $0.00 4 Used Antifreeze Recycling GAL 1,841 $0.75 $1,380.75 5 Pads and Oil Absorbents Recycling EA 330 $85.00 $28,050.00 6 Sludge Recycling GAL 1 $1.25 $1.25 7 Other Liquids Recycling GAL 1 $3.00 $3.00 8 VAC Truck with Operator HOUR 1 $135.00 $135.00 GRAND TOTAL BID PRICE $36,234.00