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Contract 2022-129ADocuSign Envelope ID: E49567FD-2CF1-445A-97F5-06EA8AODE196 CONTRACT APPROVAL FORM TO: BRIAN BULTHUIS, CITY MANAGER DS THRU: FREDDY SUAREZ, PROCUREMENT SERVICES DIRECTORS FROM: RAMSEY JIMENEZ, SENIOR PROCUREMENT AGENT SUBJECT: COLLECTION, RECYCLING AND PROPER DISPOSAL OF USED OIL AND RELATED COMMODITIES DATE: SEPTEMBER 22, 2022 THE PROCUREMENT SERVICES DIRECTOR RECOMMENDS THE FOLLOWING: 1. APPROVE: Agreement between the City of Clermont and Petrotech Southeast, Inc to provide collection, recycling and proper disposal of used oil and related commodities for the Public Services Department. The agreement shall take effect on the date of execution by both parties and shall remain in effect until September 30, 2023 unless renewed or terminated as provided by the Lake County contractual agreement. Upon mutual agreement, the agreement may be renewed for two (2) additional two (2) 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 22- 943. The estimated annual expenditures is less than $40,000 and it is included in the Public Services Department budget. The Lake County contract was fully competed, advertised, and complies with the City of Clermont Purchasing Policy. 4. FISCAL IMPACT: The fiscal impact of $40,000 is included in the current year approved budget. 5. EXHIBITS: Lake County Bid Tabulation Petrotech Southeast Agreement APPROVAL AUTHORITY Approved R Disapproved ❑ Reason/Suggestion (If disapproved) DocuSigned by: )°jVt. N"s City Manager 9/27/2022 tfhbt 1C8 Title Date DocuSign Envelope ID: E49567FD-2CF1-445A-97F5-06EA8AODE196 AGREEMENT No. 2022-129 FOR COLLECTION, RECYCLING AND PROPER DISPOSAL OF USED OIL AND RELATED COMMODITIES THIS AGREEMENT, is made and entered into this I st day of October 2022, 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 PETROTECH SOUTHEAST, INC., whose address is: 23800 CR 561, Astatula, FL 32713, (hereinafter referred to as "CONTRACTOR"). WHEREAS, Lake County through the public procurement process awarded an Agreement for, COLLECTION, RECYCLING AND PROPER DISPOSAL OF USED OIL AND RELATED COMMODITIES Contract Number 22-943; 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 22-943; WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: SCOPE OF WORK The CONTRACTOR shall furnish collection, recycling and proper disposal of used oil and related commodities as described in the Lake County Contract Number 22-943, 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. 2. THE CONTRACT SUM CITY shall pay CONTRACTOR, for the faithful performance of the Agreement as set forth in the Agreement documents and the Price Schedule as set forth in Exhibit "B", attached hereto and incorporated herein. 3. TERM AND TERMINATION A. This Agreement is to become effective upon execution by both parties, and shall remain in effect until Saturday, September 30, 2023 unless terminated or renewed by Lake County. DocuSign Envelope ID: E49567FD-2CF1-445A-97F5-06EA8AODE196 Piggyback Agreement COLLECTION, RECYCLING AND PROPER DISPOSAL OF USED OIL AND RELATED COMMODITIES B. 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. C. Upon mutual Agreement of the parties, this Agreement may be renewed for two (2) additional two (2) year terms. 4. PROVISION OF SERVICES AND COMPLETION OF WORK A. The CONTRACTOR shall only provide to CITY the services contained under the Scope of Work 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 22-943 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. B. 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. C. It is expressly understood and agreed that the passing, approval, and/or acceptance of any gasoline, diesel, kerosene, LP gas, and bio-diesel herein by CITY or by any agent or representative as in compliance with the terms 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 gasoline, diesel, kerosene, LP gas, and bio-diesel so as to comply with the warranties and specifications hereof. 1 DocuSign Envelope ID: E49567FD-2CF1-445A-97F5-06EA8AODE196 Piggyback Agreement COLLECTION, RECYCLING AND PROPER DISPOSAL OF USED OIL AND RELATED COMMODITIES D. COMPANY specifically acknowledges that this Contract does not bind or obligate CITY to purchase any minimum quantity of product during the term hereof. 5. 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. 6. DISPUTE RESOLUTION - MEDIATION A. 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. B. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and other matters in question between them by mediation. C. 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. 7. INSURANCE AND INDEMNIFICATION RIDER 7.1. 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. 7.2. 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: 2 DocuSign Envelope ID: E49567FD-2CF1-445A-97F5-06EA8AODE196 Piggyback Agreement COLLECTION, RECYCLING AND PROPER DISPOSAL OF USED OIL AND RELATED COMMODITIES 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 Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on an occurrence basis. 7.3. 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 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. 8. 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. DocuSign Envelope ID: E49567FD-2CF1-445A-97F5-06EA8AODE196 Piggyback Agreement COLLECTION, RECYCLING AND PROPER DISPOSAL OF USED OIL AND RELATED COMMODITIES A. CONTRACTOR: Petrotech Southeast, Inc. Attn: Jason Yates 23800 CR 561, Astatula, FL 32713 A. OWNER: City of Clermont Attn: Brian Bulthuis, City Manager 685 W. Montrose Street, Clermont, FL 34711 9. MISCELLANEOUS 9.1. 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. 9.2. 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. 9.3. 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. 9.4. 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. 9.5. 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. 4 DocuSign Envelope ID: E49567FD-2CF1-445A-97F5-06EA8AODE196 Piggyback Agreement COLLECTION, RECYCLING AND PROPER DISPOSAL OF USED OIL AND RELATED COMMODITIES 9.6. Assi _ ng ment Except in the event of a 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. 9.7. 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. 9.8. 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. 9.9. 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. DocuSign Envelope ID: E49567FD-2CF1-445A-97F5-06EA8AODE196 Piggyback Agreement COLLECTION, RECYCLING AND PROPER DISPOSAL OF USED OIL AND RELATED COMMODITIES 10. AGREEMENT DOCUMENTS The Agreement Documents, as listed below are herein made fully a part of this Agreement as if herein repeated. Document Precedence: A. This Agreement B. Purchase Order / Notice To Proceed C. An applicable Contractor Quote or Statement of Work D. All documents contained in the Lake County Contract Number 22-943. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 27th day of September City of Clermont DocuSigned by: DS �--534781168A394C8... Brian Bulthuis, City Attest: —DocuSigned by: T4.y AdA4y-4 Howe �MWF34905B344A... Tracy Ackroyd Howe, City Clerk 0 DocuSign Envelope ID: E49567FD-2CF1-445A-97F5-06EA8AODE196 PETROTECH SOUTHEAST, INC. By: z (Sign re) Print Name: Jason W. Yates Title: Vice President Date: 9/26/22 DocuSign Envelope ID: E49567FD-2CF1-445A-97F5-06EA8AODE196 LAKE COUNTY, FL REAL FLORIDA - REAL CLOSE CONTRACT NO.22-943 For Collection, Recycling and Proper Disposal of Used Oil and Related Commodities LAKE COUNTY, FLORIDA, a political subdivision of the State of Florida, through its Board of County Commissioners (hereinafter "County") does hereby accept, with noted modifications, if any, the bid of Petrotech Southeast, Inc. (hereinafter "Contractor") to supply the Collection, Recycling and Proper Disposal of Used Oil and Related Commodities to the County pursuant to County Bid number 22-943 with any included addenda (hereinafter "Bid"), with an opening date of 8/16/2021, and Contractor's Bid response dated 8/11/2021, thereto with all County Bid provisions governing. A copy of the Contractor's signed Bid is attached hereto and incorporated herein, thus making it a part of this Contract except that any items not awarded have been struck through. The attachments noted below (if any) are attached hereto and are also made a part of this Contract. ATTACHMENTS: Attachment 1 — Submittal Form with General Terms & Conditions acceptance signed by Contractor) Attachment 2 — Pricing Sheet Exhibit A — Scope of Work Exhibit B — Insurance Requirements Exhibit C — Lake County General Terms & Conditions version 5.6.21 (lakecountyfl.gov) electronically attached No financial obligation under this Contract shall accrue against the County until a specific purchase transaction is completed pursuant to the terms and conditions of this Contract. The County's Procurement Services Director shall be the sole judge as to the fact of the fulfillment of this Contract, and upon any breach thereof, shall, at his 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 10/1/2022 through 9/30/2023., except the County reserves the right to terminate this Contract immediately for cause and/or lack of funds and with thirty (30) day written notice for the convenience of the County. This Contract provides for two (2) two (2) year renewals at Lake County's sole option at the terms noted in the Bid. Modifications to this Contract must be in writing signed by the County's Procurement Services Director LAKE COUNTY, FLORIDA By: Bill Ponko Senior Contracting Officer Date: 9/ 12/2022 PROCUREMENT SERVICES / A DIVISION OF THE OFFICE OF MANAGEMENT AND BUDGET P.O. BOX 7800.315 W. MAIN ST., RM 416, TAVARES, FL 32778 • P 352.343.9839 Board of County Commissioners • www.lakecountvfl.gov DocuSign Envelope ID: E49567FD-2CF1-445A-97F5-06EA8AODE196 ATTACHMENT 1— SUBMITTAL FORM 22-943 The undersigned hereby declares that: Petrotech Southeast, Inc. 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 the date stated in the solicitation or as noted in an addenda. Furthermore; the undersigned is duly authorized to execute this document and any contracts or other transactions required by award of this Solicitation. 1.0 TERM OF CONTRACT The Contract will be awarded for an initial one (1) year term with the option for two (2) subsequent two (2) year renewals. Renewals are contingent upon mutual written agreement. The Contract will commence upon the first day of the next calendar month after approval by the authorized authority. 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. 2.0 PAYMENT The Contractor shall email the County's using department an accurate invoice within 30 calendar days after delivery. Invoices shall reference the: purchase/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. The County will remit full payment on all undisputed invoices within 45 days from receipt by the appropriate County using department. The County will pay interest not to exceed 1% per month on all undisputed invoices not paid within 30 days after the due date. All pricing will be FOB Destination unless otherwise specified in this solicitation document. Pricing submitted will remain valid for a ninety (90) day period. Vendor accepts MasterCard for payment: YES 3.0 CERTIFICATION REGARDING LAKE COUNTY TERMS AND CONDITIONS: I certify that I have reviewed the General Terms and Conditions for Lake County Florida and accept the Lake County General Terms and Conditions dated 5/6/21 as written including the Proprietary/Confidential Information section. 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 5.0 CONFLICT OF INTEREST DISCLOSURE CERTIFICATION: Except as listed below, no employee, officer, or agent of the firm has any conflicts of interest, real or apparent, due to ownership, other clients, contracts, or interests associated with this project; and, this Submittal is made without prior understanding, agreement, or connection with any Pagel of 3 DocuSign Envelope ID: E49567FD-2CF1-445A-97F5-06EA8AODE196 ATTACHMENT 1— SUBMITTAL FORM 22-943 corporation, firm, or person submitting a proposal for the same services, and is in all respects fair and without collusion or fraud. Click or tap here to enter text. 6.0 CERTIFICATION REGARDING BACKGROUND CHECKS: Under any County Contract that involves Contractor or subcontractor personnel working in proximity to minors, the Vendor hereby confirms that any personnel so employed will have successfully completed an initial, and subsequent annual, Certified Background Check, completed by the Contractor at no additional cost to the County. The County retains the right to request and review any associated records with or without cause, and to require replacement of any Contractor employee found in violation of this requirement. Contractor shall indemnify the County in full for any adverse act of any such personnel in this regard. Additional requirements may apply in this regard as included within any specific contract award. YES 7.0 DISADVANTAGED BUSINESS ENTERPRISE PROGRAM The County does not establish specific goals for minority set -asides however, participation by minority and non -minority qualified firms is strongly encouraged. If the firm is a minority firm or has obtained certification by the State of Florida, Office of Supplier Diversity, (OSD) (CMBE), please indicate the appropriate classification(s) not applicable Choose an item, and enter OSD Certification Number Click or tap here to enter text. and enter effective date Click or tap to enter a date. to date Click or tap to enter a date. 8.0 FEDERAL FUNDING REQUIREMENT: N/A 9.0 RECIPROCAL VENDOR PREFERENCE: N/A 10.0 GENERAL VENDOR INFORMATION: Firm Name: Petrotech Southeast, Inc. Street Address: 23800 CR 561 City: Astatula State and ZIP Code: FL, 32713 Mailing Address (if different): Click or tap here to enter text. Telephone: 407-656-8114 Fax: 407-358-5030 Federal Identification Number / TIN: 59-3142880 DUNS Number: 957399694 11.0 SUBMITTAL SIGNATURE: I hereby certify the information indicated for this Submittal is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an authorized representative of this Vendor and/or empowered to execute this Submittal on behalf of the Vendor. I, individually and on behalf of the Vendor, acknowledge and agree to abide by all terms and conditions contained in this solicitation as well as any attachments, exhibits, or addenda. Name of Legal Representative Submitting this Proposal: Jwauu Y400 Date: 8/11/2022 Print Name: Jason Yates Page 2 of 3 DocuSign Envelope ID: E49567FD-2CF1-445A-97F5-06EA8AODE196 ATTACHMENT 1 — SUBMITTAL FORM 22-943 Title: Vice President Primary E-mail Address: Jason.yates@petrotechse.com Secondary E-mail Address: Robert.slotabec@petrotechse.com 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. [The remainder of this page is intentionally blank] Page 3 of 3 DocuSign Envelope ID: E49567FD-2CF1-445A-97F5-06EA8AODE196 ATTACHMENT 2 - PRICING SHEET 22-943 Collection Disposal of Oil Related Commodities Petrotech Southeast, Inc. SAVE AND SUBMIT AS AN EXCEL FILE The Contractor will furnish all labor, materials, tools, transportation and equipment necessary to provide services to County. Services will be performed in accordance with the specifications listed and implied. Actual hours are unknown and are estimated for evaluation purposes only. Alterations to locked cells may result in disqualification of submission. ITEM # ITEM DESCRIPTION UNIT UNIT PRICE Used Oil Recycling per the preceding terms,' 3 k conditions, and statement of work. 1 Price paid to the County Per Gallon Price paid by the County Per Gallon $0.25 Used Oil -Contaminated Disposal per the preceding '�'_ terms, conditions and statement of work � M s a 2 Price paid to the County Per Gallon Price paid by the County Per Gallon $5.00 Used Oil Filter Recycling per the preceding terms, `RI ; conditions and statement of work. r :. Price paid to the County Per Each Price paid by the County Per Each $50.00 Used Antifreeze Recycling per the preceding terms, , conditions and statement of work. 4 Price paid to the County Per Gallon Price paid by the County Per Gallon $1.00 Pads and Oil Absorbents Recycling per the ujq VN WO preceding terms conditions and statement of work � 5 Price paid to the County Per Each Price paid by the County Per Each $135.00 Sludge Recycling per the preceding terms, conditions and statement of work. Price paid to the County Per Gallon Price paid by the County Per Gallon $1.25 Other Liquids Recycling per the preceding terms, conditions and statement of work. 7 Price paid to the County Per Gallon [Price paid by the County Per Gallon $0.42 8 1 VAC Truck with operator Hourly Rate $145.00 Name and telephone number of the person to contact for emergency service: DocuSign Envelope ID: E49567FD-2CF1-445A-97F5-06EA8AODE196 ATTACHMENT 2 - PRICING SHEET 22-943 Collection Disposal of Oil Related Commodities Name: Natacha Jackson Telephone Number: 407-656-8114 Disaster Assistance Contact Person: Mike Patterson Disaster Contact Number(s): 407-427-4518 Calendar days required to commence contract: 5.00 The following information is required for price redetermination consideration. Enter type of fuel used: Diesel or Gasoline Diesel Assuming prices quoted include costs for vehicles, maintenance, repair, insurance, fuel, wages, insurances, other employee benefits, materials, overhead, operating expenses, 25.00% etc., what percentage of the rate is directly attributed to the cost of fuel? Assuming prices quoted include costs for vehicles, maintenance, repair, insurance, fuel, wages, materials, overhead, operating expenses, etc., what percentage of the rate is 70.00% directly attributed to the cost of wages? Assuming prices quoted include costs for vehicles, maintenance, fuel, wages, insurances, other employee benefits, materials, overhead, operating expenses, etc., what 5.00% percentage of the rate is directly attributed to the cost of materials? Must equal 100% 100.00% Lake County is exempt from all taxes (Federal, State, Local). A Tax Exemption Certificate will be furnished upon request for any direct purchasing. Contractor will be responsible for payment of taxes on all materials purchased by the Contractor for the project. Lake County will not accept nor authorize payment for travel time or expenses of service personnel to any of Lake County's facility locations. The hourly rate must commence on the job site. Billable time will be for service work performed. 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: E49567FD-2CF1-445A-97F5-06EA8AODE196 EXHIBIT A — SCOPE OF SERVICES 24-943 COLLECTION, RECYCLING, & PROPER DISPOSAL OF USED OIL & RELATED COMMODITIES 1. CONTRACTOR RESPONSIBILITIES Contractor shall: 1.1. Be responsible for the collection, recycling, and proper disposal of used oil, used oil filters, used antifreeze, sludge, pads, and oil absorbents on an as -needed basis. 1.2. 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. 1.3. Dispose of these materials according to the Florida Department of Environmental Protection regulations. 1.4. Have a miniinum of three (3) years in the field of hazardous waste collection, transport, treatments, disposal of the used oil, used oil filters, used antifreeze, sludge, pads and oil absorbents. 1.5. Have valid FDOT and EPA identifications numbers for the transportation of the used oil, used oil filters, used antifreeze, sludge, pads, and oil absorbents. 1.6. Have staff with the appropriate State of Florida driver's licenses for the transportation of the materials. 1.7. Have vehicles labeled and placarded per state and federal requirements. 1.8. Have procedures for screening unacceptable used oil, used oil filters, used antifreeze, sludge, pads, and oil absorbents. 1.9. Sort all unusable products and be responsible for disposal of any material that becomes contaminated along with any of the containers. 1.10. Identify all treatment, storage, or disposal facilities utilized during contract term. 1.10.1. Submit the following for each facility utilized: 1.10.1.1. Facility Name 1.10.1.2. Address 1.10.1.3. Phone number 1.10.1.4. Contact Person 1.10.1.5. Copies of Applicable State and/or Federal Permits 1.10.1.6. Compliance Status 1.10.1.7. Any Notices of Violations in the Past Two (2) Years 1.10.1.8. Explanations of Violations (Explain changes occurred to correct the facility making it safe to now utilize) 1.10.2. County reserves the right to inspect with reasonable notice any facility used for the management of the used oils, filters, and antifreeze. Page 1 of 5 DocuSign Envelope ID: E49567FD-2CF1-445A-97F5-06EA8AODE196 EXHIBIT A — SCOPE OF SERVICES 24-943 COLLECTION, RECYCLING, & PROPER DISPOSAL OF USED OIL & RELATED COMMODITIES 1.11. Supply at no charge to the County, all equipment (15, 30, or 55-gallon drums, etc.) to store the used oil, filters, and antifreeze. 1.11.1. The amount of material to be recycled, treated, or disposed will be determined through metered removal, gauging, or physical measurement. 1.12. Be able to make pick-ups within three business days of being notified by the County. 1.13. 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. 1.14. Provide monthly and quarterly reports to the County as to the nature of the goods and services purchased from the Contractor by the County during the preceding months. Reports should include breakdown of goods and services by each location. 1.15. Prioritize recycling and reuse of products as deemed acceptable. Products not recycled, reused, or treated shall be disposed per state and federal regulations. 2. COUNTY RESPONSIBILITIES 2.1. Standard operational hours are 8:00am to 5:00pm Monday through Friday. Locations will be closed for County observed holidays. 2.1.1. County Holidays: New Year's Day; Martin Luther King, Jr. Day; Presidents' Day; Memorial Day; Independence Day; Labor Day; Veteran's Day; Thanksgiving Day; Day after Thanksgiving; and Christmas Day. 2.2. County reserves the right to add or delete locations with current locations being: 2.2.1. Fleet Maintenance 20423 Independence Blvd Groveland, FL 34736 Open: Monday -Friday 2.2.2. Central Facility 13130 County Landfill Road Tavares, FL 32778 Open: Monday -Saturday 2.2.3. Lady Lake 1200 Jackson Street Lady Lake, FL 32159 Open: Tuesday and Saturday 2.2.4. Astor 54711 Astor Transfer Station Road Astor, FL 32102 Open: Tuesday and Saturday Page 2 of 5 DocuSign Envelope ID: E49567FD-2CF1-445A-97F5-06EA8AODE196 EXHIBIT A — SCOPE OF SERVICES 24-943 COLLECTION, RECYCLING, & PROPER DISPOSAL OF USED OIL & RELATED COMMODITIES 2.2.5. Clermont Log House 10435 Loghouse Road Clermont, FL 34711 Open: Wednesday and Saturday 2.2.6. Paisley 25014 Rancho Lane Paisley, FL 32767 Open: Wednesday and Saturday 2.2.7. Pine Lakes 32520 W. State Road 44 Deland, FL 32120 Open: Thursday and Saturday 3. PRICE REDETERMINATIONS Contractor may petition for one or more price redeterminations where such price redeterminations are necessitated by documented increases in the cost of wages or fuel. Petitions for price redeterminations 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 redetenninations will be allowed. All price redeterminations, once issued, will be prospective from the date of approval unless otherwise approved by a duly executed amendment to the contract. 3.1. Basis for Price Redeterininations. Price redeterminations will be based solely upon changes in pricing or costs documented by either the Employment Cost Index (ECI) or Producer Price Index (PPI), whichever is applicable, as published by the Bureau of Labor Statistics. The base index number for the ECI will be for the quarter in which the ITB opens. The base index number for the PPI will be for the month the ITB opens. Any subsequent price redeterminations will use the last price redetermination approved for that price redetermination category as the "base index number." County shall have the right to audit Contractor's records, including, but not limited to, payroll, materials, and fuel cost records, to verify or otherwise investigate the validity of any price redetermination request. 3.2. Wage Price Redetermination. When requesting a price redetermination based upon an increase in wage costs, the contractor 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. 3.3. Minimum Wage Price Redetermination. If the minimum wage increases during the Contract, including any renewal or extension period thereunder, Contractor may petition for price Page 3 of 5 DocuSign Envelope ID: E49567FD-2CF1-445A-97F5-06EA8AODE196 EXHIBIT A — SCOPE OF SERVICES 24-943 COLLECTION, RECYCLING, & PROPER DISPOSAL OF USED OIL & RELATED COMMODITIES redetermination for those job categories where the pay to Contractor's employees is the current minimum wage. Upon verification of the information provided, County will grant an increase of exactly the amount of the minimum wage increase (not the percentage increase). Contractor must increase the pay to the employees by the amount Contractor has requested, which shall not exceed the amount of the minimum wage increase. The amount paid to Contractor will be the increase plus any written and documented increase in FICA, Medicare, and Workers' Compensation insurance. Contractor must supply written documentation of any other increase that is beyond the scope and control of Contractor. All written documentation must satisfy the reasonable expectations of the Procurement Services Director and Internal Auditor. 3.4. Fuel Price Redetermination. If the price of fuel increases by a minimum of ten (10%) percent, 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 in pay to the contractor due to any prior fuel price redetermination increases. Fuel price redetermination must be based solely upon changes as documented by the 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 Redeterminations shall be calculated as demonstrated in this example: Contractor indicated on the Submittal Form that thirty percent (30%) of the cost to provide the product/service 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% of $100.00 is directly $30.00 attributed to the redetermination category $30.00 X 11.9% _ $3.57 New unit price is $103.57 ($100 + $3.57) 3.5. Expiration Upon Failure to Agree to Price Redetermination. If the County and 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 price redeterminations not made in accordance with the provisions of this section shall be deemed null and void and shall not be a valid reason or pretext for expiration or termination of the Page 4 of 5 DocuSign Envelope ID: E49567FD-2CF1-445A-97F5-06EA8AODE196 EXHIBIT A — SCOPE OF SERVICES 24-943 COLLECTION, RECYCLING, & PROPER DISPOSAL OF USED OIL & RELATED COMMODITIES contract. If the contract expires pursuant to the teens and conditions of this section, the County reserves the right, 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 5 of 5 DocuSign Envelope ID: E49567FD-2CF1-445A-97F5-06EA8AODE196 EXHIBIT B — INSURANCE REQUIREMENTS 22-943 A. CONTRACTOR will purchase and maintain at all times during the term of this Contract, without cost or expense to the COUNTY, policies of insurance as indicated below, with a company or companies 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, 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. An original certificate of insurance, indicating that CONTRACTOR has coverage in accordance with the requirements of this section must be received and accepted by the COUNTY prior to contract execution or before any work begins. It will be furnished by CONTRACTOR to the COUNTY'S Project Manager and Procurement Services Director within five working days of such request. The parties agree that the policies of insurance and confirming certificates of insurance will insure the CONTRACTOR in accordance with the following minimum limits: i. 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 Products -Completed Operations Personal & Adv. Injury Fire Damage Medical Expense Contractual Liability $1,000,000/2,000,000 $2,000,000 $1,000,000 $50,000 $5,000 Included ii. Automobile liability insurance, including owned, non -owned, and hired autos with the minimum Combined Single Limit of $1,000,000 iii. Workers' compensation insurance based on proper reporting of classification codes and payroll amounts in accordance with Chapter 440, Florida Statutes, and any other applicable law requiring workers' compensation (Federal, maritime, etc.). If not required by law to maintain workers compensation insurance, the CONTRACTOR must provide a notarized statement that if he or she is injured, he or she will not hold the COUNTY responsible for any payment or compensation. iv. Employers Liability with the following minimum limits and coverage: Each Accident $1,000,000 Disease -Each Employer $1,000,000 Disease -Policy Limit $1,000,000 v. Professional liability and specialty insurance (medical malpractice, engineers, architect, consultant, environmental, pollution, errors and omissions, etc.) as applicable, with minimum limits of $1,000,000 and annual aggregate of $2,000,000. B. Lake County, a Political Subdivision of the State of Florida, and the Board of County Commissioners, will be named as additional insured as their interest may appear all applicable Page 1 of 2 DocuSign Envelope ID: E49567FD-2CF1-445A-97F5-06EA8AODE196 EXHIBIT B — INSURANCE REQUIREMENTS 22-943 policies. Certificates of insurance must identify the RFP or ITB number in the Description of Operations section on the Certificate. C. CONTRACTOR must provide a minimum of 30 days prior written notice to the County of any change, cancellation, or nonrenewal of the required insurance. D. Certificates of insurance must evidence a waiver of subrogation in favor of the COUNTY, that coverage must be primary and noncontributory, and that each evidenced policy includes a Cross Liability or Severability of Interests provision, with no requirement of premium by the COUNTY. E. 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. A certificate of insurance (COI) will not be accepted in lieu of the policy endorsements. F. Certificate holder must be: LAKE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, AND THE BOARD OF COUNTY COMMISSIONERS. P.O. BOX 7800 TAVARES, FL 32778-7800 G. All self -insured retentions will appear on the certificates and will be subject to approval by the COUNTY. At the option of the COUNTY, the insurer will reduce or eliminate such self - insured retentions; or CONTRACTOR will be required to procure a bond guaranteeing payment of losses and related claims expenses. H. The COUNTY will be exempt from, and in no way liable for, any sums of money, which may represent a deductible or self -insured retention in any insurance policy. The payment of such deductible or self -insured retention will be the sole responsibility of the CONTRACTOR or subcontractor providing such insurance. I. CONTRACTOR will be responsible for subcontractors and their insurance. Subcontractors are to provide Certificates of Insurance to the COUNTY evidencing coverage and terms in accordance with the CONTRACTOR'S requirements. J. Failure to obtain and maintain such insurance as set out above will be considered a breach of contract and may result in termination of the contract for default. K. Neither approval by the COUNTY of any insurance supplied by CONTRACTOR, nor a failure to disapprove that insurance, will relieve CONTRACTOR of full responsibility of liability, damages, and accidents as set forth herein. [The remainder of this page is intentionally left blank.] Page 2 of 2