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2013-21 AGREEMENT FOR RECYCLING SERVICES: END OF LIFE ELECTRONIC EQUIPMENT THIS AGREEMENT, made and entered into this /2 day of (40/C.4- 2013, A.D., by and between the City of Clermont 685 West Montrose Street, Clermont, Florida (hereinafter referred to as "CITY"), and Creative Recycling Services, Inc., a Florida Corporation, 8108 Krauss Blvd., Ste 110, Tampa, FL 33619 (hereinafter referred to as "CONTRACTOR"). WHEREAS, the State of Florida through the public procurement process awarded ITB No.: 14-991-705-C for recycling services: end of life electronics equipment; WHEREAS,based on CONTRACTOR's response to ITB No.: 14-991-705-C the State of Florida awarded Contract No.: 991-705-09-1 to CONTRACTOR for the provision of recycling service; WHEREAS, CITY desires to utilize the above-referenced awarded bid and CONTRACTOR's response thereto 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 Contract No.: 991-705-09-1. WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: ARTICLE I - SCOPE OF WORK The CONTRACTOR shall provide recycling services as described in State of Florida Contract No.: 991-705-09-1 attached hereto and incorporated herein as Exhibit "A" and shall do everything required by this Agreement and the other Agreement Documents contained in ITB No. 14-991-705-C, which are a part of these Documents. Provided, however, that nothing herein shall require CITY to purchase or acquire any items or services from CONTRACTOR. 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 `B', attached hereto and incorporated herein. ARTICLE III-TERM AND TERMINATION 1. This Agreement is to become effective upon execution by both parties, and shall remain in effect until April 1, 2015, unless terminated or renewed as provided for herein. 1 2. Notwithstanding any other provision of this Agreement, CITY may, upon written notice to CONTRACTOR, terminate this Agreement if: a) without cause and for convenience upon thirty (30) days written notice to CONTRACTOR b) CONTRACTOR is adjudged to be bankrupt; c) CONTRACTOR makes a general assignment for the benefit of its creditors; d) CONTRACTOR fails to comply with any of the conditions of provisions of this Agreement; or e) CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial, adverse impact upon performance of this Agreement, without prejudice to any other right or remedy CITY may have under this Agreement. 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 two (2) additional one(1) year terms. ARTICLE IV - COMMENCEMENT AND COMPLETION OF WORK The CONTRACTOR shall provide all items in the timeframe as set forth in the applicable purchase order, notice to proceed or request for service. In accordance with Exhibit "A", CONTRACTOR shall pick up all eligible items to be recycled at CITY's designated location. CONTRACTOR shall be sole responsible for the packaging, collection and transporting of the materials contemplated herein and shall exclusively bear all risk of loss associated therewith at the time it is picked up by CONTRACTOR at CITY's designated location. ARTICLE V - PAYMENTS In accordance with the provisions fully set forth herein, CONTRACTOR shall as soon as possible inventory all items collected from CITY and submit to CITY the applicable payment in accordance with Exhibit `B" hereto to CITY within thirty (30) days of the collection of the material by CONTRACTOR. At the time of payment, CONTRACTOR shall provide to CITY an itemized list of recycled items collected from the CITY. CITY shall have the right to audit the list provided to determine the accuracy of the payment submitted by CONTRACTOR. ARTICLE VI—DISPUTE RESOLUTION - MEDIATION 1. Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to voluntary arbitration or the institution of legal or equitable proceedings by either party. 2. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and other matters in question between them by mediation. 2 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 his employees connected with the work of this Project and, in case any work is sublet, the CONTRACTOR shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the CONTRACTOR. Such insurance shall comply with the Florida Worker's Compensation Law. In case any class of employees engaged in hazardous work under this Agreement at the site of the Project is not protected under the Worker's Compensation statute, the CONTRACTOR shall provide adequate insurance, satisfactory to the CITY, for the protection of employees not otherwise protected. 2. CONTRACTOR's Public Liability and Property Damage Insurance - The Contactor shall take out and maintain during the life of this Agreement Comprehensive General Liability and Comprehensive Automobile Liability Insurance as shall protect it from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operating under this Agreement whether such operations are by itself or by anyone directly or indirectly employed by it, and the amount of such insurance shall be minimum limits as follows: (a) CONTRACTOR's Comprehensive General, $1,000,000 Each ($2,000,000 aggregate) Liability Coverages, Bodily Injury Occurrence, & Property Damage Combined Single Limit (b) Automobile Liability Coverages, $1,000,000 Each • Bodily Injury&Property Damage Occurrence, Combined Single Limit (c) Excess Liability, Umbrella Form $2,000,000 Each Occurrence, Combined Single Limit Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on an occurrence basis. 3. Subcontractor's Public Liability and Property Damage Insurance - The CONTRACTOR shall require each of his subcontractors to procure and maintain during the life of this subcontract, insurance of the type specified above or insure the activities of his subcontractors in his policy, as specified above. 4. Indemnification Rider 3 (a) To cover to the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the CITY and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) , and (2) is caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or person descnbed in this Article. (b) In any and all claims against the CITY or any of its agents or employees by any employee of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations under this Paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. (c) The CONTRACTOR hereby acknowledges receipt of ten dollars and other good and valuable consideration from the CITY for the indemnification provided herein. ARTICLE VIII -NOTICES All notices shall be in writing and sent by United States mail, certified or registered, with return receipt requested and postage prepaid, or by nationally recognized overnight courier service to the address of the party set forth below. Any such notice shall be deemed given when received by the party to whom it is intended. CONTRACTOR: Creative Recycling 8108 Krauss Blvd Ste 110 Tampa, FL 33619 CITY: City of Clermont Attn: Darren Gray, City Manager 685 W. Montrose Street Clermont, FL 34711 4 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. Entire Agreement. This agreement including the documents incorporated by reference contains the entire understanding of the parties hereto and supersedes all prior and contemporaneous agreements between the parties with respect to the performance of services by CONTRACTOR. 6. Assignment. This agreement is personal to the parties hereto and may not be assigned by CONTRACTOR, in whole or in part, without the prior written consent of city. 7. Venue. The parties agree that the sole and exclusive venue for any cause of action arising out of this agreement shall be Lake County, Florida. 8. Applicable Law. This agreement and any amendments hereto are executed and delivered in the State of Florida and shall be governed, interpreted, construed and enforced in accordance with the laws of the State of Florida. 9. Records. CONTRACTOR expressly understands and acknowledges that any and all documents related to the services provided herein, may be considered records that are subject to examination and production in accordance with Florida's Public Records Law. CONTRACTOR expressly agrees that it will comply with all requirements related to said law and that it will hold CITY harmless, including attorney fees and litigation costs, for any such disclosure related to Florida's Public Records Law. 5 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/Request for Services 3. All documents contained in State of Florida ITB No.: 14-991-705-C and Contract No.: 991-705-09-1, Recycling Services: End of Life Electronics Equipment. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this /2_ day of /'Y1 Q.i1 - , 2013. City of Clermont :►�_ - -�� a d . Turville, Jr., Mayo Attest: Tracy Ac oyd, City Cler 4 Creative Recycling Systems, LLC. By: James istof, V.P. of ocurement Attes • Co/rpor to Secretary i r}AMiIcL 41..1i4ef (Name Printed or Typed) 6 EXHIBIT A Ai,3). , ,,, o�. no DEPARTMENT OF MANAGEMENT RICK SCOTT SERVICES JOHN P.MILES Governor Secretary 4050 Esplanade Way I Tallahassee,Flonda 32399-0950 I Tel:850.488.2786 I Fax:850.922.6149 July 22, 2011 MEMORANDUM NO.: (991-705-09-1) -1 TO: Department Addressed / User Agency FROM: Director, State Purchasing SUBJECT: Contract No. 991-705-09-1 TITLE: Recycling Services: End of Life Electronics Equipment The above referenced Contract is renewed for a period of 36 months and is scheduled to expire July 21, 2014. Prices, Terms and Conditions are the same except where revised in Ammendment No. 1. Ammendment No. 1 includes Requirements for Preferred Pricing Compliance, Employment Eligibility Verification, and Scrutinized Companies Lists Certification. Any questions that may arise regarding this contract should be directed to the Contract Administrator. TG/cd www dms MyFlonda corn oV 4 !. rrq C4.y!pe-1 s COD ws T - DEPARTMENT OF MANAGEMENT RICK SCOTT SERVICES JOHN P.MILES Governor Secretary 4050 Esplanade Way I Tallahassee,Florida 32399-0950 I Tel:850.488.2786 I Fax:850.922.6149 CERTIFICATION OF CONTRACT TITLE: Recycling Services: End of Life Electronics Equipment CONTRACT NO.: 991-705-09-1 ITB NO.: 14-991-705-C, EFFECTIVE: July 22, 2008 through July 21, 2011 SUPERSEDES: 991-705-05-1 CONTRACTOR(S): Creative Recycling Systems, Inc. RENEWED: July 22, 2011 Through July 21, 2014 A. AUTHORITY - Upon affirmative action taken by the State of Florida Department of Management, a contract has been executed between the State of Florida and the designated contractors. B. EFFECT - This contract is entered into to provide services for the collection, transportation, and disposal of end-of-life electronic and electrical equipment for items that have reached the end of their intended useful life. This contract is available for use by all State of Florida agencies and institutions and Other Eligible Users as defined in accordance with their tangible property rules established by each participant and their governing authority. Therefore, in compliance with Section 287.042, Florida Statutes, all purchases of these commodities shall be made under the terms, prices, and conditions of this contract and with the suppliers specified. C. ORDERING INSTRUCTIONS - All purchase orders shall be issued in accordance with the attached ordering instructions. Purchaser shall order at the prices indicated, exclusive of all Federal, State and local taxes. All contract purchase orders shall show the State Purchasing contract number, product number, quantity, description of item, with unit prices extended and purchase order totaled. (This requirement may be waived when purchase is made by a blanket purchase order.) www dms MyFlorida corn Page TITLE: Recycling Services: End of Life Electronics Equipment CONTRACT NO.: 991-705-09-1 D. CONTRACTOR PERFORMANCE - Agencies shall report any vendor failure to perform according to the requirements of this contract on Complaint to Vendor, form PUR 7017. Should the vendor fail to correct the problem within a prescribed period of time, then form PUR 7029, Request for Assistance, is to be filed with this office. E. SPECIAL AND GENERAL CONDITIONS - Special and general conditions are enclosed for your information. Any restrictions accepted from the supplier are noted on the ordering instructions. Authorized Signature Date TG/cd Attachments www dms MyFlonda corn Division of State Purchasing 4050 Esplanade Way,Suite 360 U ent Tallahassee,Florida 32399-0950 v1ces Fax:850.488.84488.8442 wwwdms MyFlonda corn Governor Charlie Crist Secretary Linda H.South CERTIFICATION OF CONTRACT TITLE. Recycling Services: End of Life Electronics Equipment CONTRACT NO.. 991-705-09-1 ITB NO : ITB 14-991-705-C, EFFECTIVE: July 22, 2008 through July 21, 2011 SUPERSEDES: 991-705-05-1 CONTRACTOR(S). Creative Recycling Systems, Inc. (A) A. AUTHORITY - Upon affirmative action taken by the State of Florida Department of Management Services, a contract has been executed between the State of Florida and the designated contractors B. EFFECT - This contract is entered into to provide economies in the purchase of Recycling Services for End-of-Life Electronics by all State of Florida agencies and institutions. Therefore, in compliance with Section 287.042, Florida Statutes, all purchases of these commodities shall be made under the terms, prices, and conditions of this contract and with the suppliers specified. C. ORDERING INSTRUCTIONS - All purchase orders shall be issued in accordance with the attached ordering instructions. Purchaser shall order at the prices indicated, exclusive of all Federal, State and local taxes. All contract purchase orders shall show the State Purchasing contract number, product number, quantity, description of item, with unit prices extended and purchase order totaled. (This requirement may be waived when purchase is made by a blanket purchase order.) We serve those who serve Florida. Certification Page 2 D CONTRACTOR PERFORMANCE - Agencies shall report any vendor failure to perform according to the requirements of this contract on Complaint to Vendor, form PUR 7017 Should the vendor fail to correct the problem within a prescribed period of time, then form PUR 7029, Request for Assistance, is to be filed with this office. E. SPECIAL AND GENERAL CONDITIONS - Special and general conditions are enclosed for your information. Any restrictions accepted from the supplier are noted on the ordering instructions. Authorized Signature (date) DSP/cd Attachments www dms MyFlonda corn CONTRACT ADMINISTRATOR Charles Day, CPPB, Purchasing Analyst PHONE: (850) 410-2426 FAX: (850) 414-6122 E-MAIL: Charles.Dav(uidms.mvflorida.comTable of Contents State of Florida Contract 991-705-09-1 3 3.1 Definitions The definitions found in s 60A-1 001, F A.C. and other sections of this solicitation shall apply to any contract resulting from this solicitation The following additional terms are also defined (a) "Department" is the Florida Department of Management Services, unless otherwise stated (b) "Eligible User" means (1) All governmental agencies, as defined in Section 163.3164, F.S , which have a physical presence within the State of Florida, (2)Any independent, nonprofit college or university that is located within the State of Florida and is accredited by the Southern Association of Colleges and Schools 3.2 Contact Person Refer ALL Inquiries to Charles Day, CPPB, Purchasing Analyst Department of Management Services, Division of State Purchasing 4050 Esplanade Way, Suite 360 Tallahassee, FL 32399-0950 Fax. (850)414-6122 Email: Charles.Day @dms myflorida.com 3.3 Purpose The purpose of this Invitation to Bid (ITB) is to establish a three year contract which will provide for the collection, de-manufacturing, and recycling of end-of-life electronic equipment such as computers, computer monitors and cathode ray tubes (CRTs), peripheral equipment, televisions, telephones, and other recoverable and or reusable electronic equipment generated by State of Florida agencies and other eligible users of the contract, including political subdivisions, county, local county board of public instruction, municipal, or other local public agency or authority, and State Universities 3.4 Estimated Quantities The Department recognizes that there is a State-wide need to address an expected avalanche of obsolete electronic equipment, primarily computer workstations, in the near future. According to a study by the National Safety Council, over 30 million computers become obsolete each year in the U.S., with higher numbers likely to follow. In 2002 alone, approximately 130 million new computers were shipped worldwide It is estimated that the State of Florida agencies, and other eligible users, will generate tens of thousands of units of various sizes and types of electronic equipment. Other electronic devices such as printers, copiers, scanners, Local Area Network servers and related peripherals, audio/visual equipment, facsimile machines, shredders, telephones, palm pilots and cellular/digital phones pose a similar threat to the environment as they become obsolete. All of this equipment contains components that may be recycled and/or reused, including• capacitors, circuit cards/boards, copper wiring, modules, switches, memory chips, batteries, and basic manufacturing materials such as glass, lead, metals, and plastics. These estimates are given only as a guideline for preparing the ITB and should not be construed as representing actual figures under the contract State of Florida Contract 991-705-09-1 16 3.5 Who May Respond Fully capable providers of recycling services, who are in good standing with the State of Florida, meet the Technical Specifications, and which possess the financial capability, experience, personnel and equipment resources to provide products and services of the scope and breadth described in this ITB Respondents are expected to utilize their distribution network to fulfill the requirements of the Contract. However, the Respondent, not the distributor or subcontractor, will be held accountable for performance under the Contract and shall be responsible for all performance issues. The Department and Eligible Users retain the right to request additional information pertaining to the Respondent's ability and qualifications to accomplish all services described in this ITB as deemed necessary during the ITB or after contract award. 3.6 Submittal Response Potential respondents to the solicitation are encouraged to carefully review all the materials contained herein and prepare responses accordingly Respondents shall submit their offer on- line via the MyFlondaMarketPlace sourcing tool located at https.//sourcing mvflondamarketplace.com. All offers must be submitted in the MyFlondaMarketPlace sourcing tool by the date and time specified on the Timeline. The Department shall not consider late offers and the sourcing tool WILL NOT accept offers after the closing date and time specified on the Timeline or as amended by the Department Each respondent is responsible for ensuring that its bid and all associated documents are submitted by the proper date and time. Failure to provide all requested information within the bid package by the date and time specified may result in rejection of the bid. In the event a respondent submits more than one response in the MyFlondaMarketPlace sourcing tool, only the last response received by the system shall be considered for award Previous bids will not be visible to the State of Florida The Response Checklist Form, located in Section 7 in this solicitation, does not relieve the respondent of responsibility for ensuring that all requirements of the solicitation are included with the submittal Offers not submitted within MyFloridaMarketPlace shall be rejected. 3.7 MvFloridaMarketPlace (MFMP) Electronic Sourcing Tool The Department uses the MyFlondaMarketPlace eProcurement system to receive bids electronically. When working in the sourcing tool, be aware of the twenty (20) minute time-out function in the tool This means that you should save your work (click the SAVE button) at intervals of less than twenty minutes to ensure your entries since you last saved are not lost Please note that clicking the SAVE button within the Sourcing tool only saves your ITB response. The SAVE button does not transmit your ITB response to the State. In order to transmit your ITB response to the Department, you must click the SUBMIT button on the Summary page of the ITB response After clicking the SUBMIT button, it is the respondent's responsibility to check any submitted response within the sourcing tool to verify that the response is accurately and completely captured within the sourcing tool Respondents must do this while there is sufficient time remaining in the solicitation period in the event you discover an error and need to resubmit a revised response To validate your response, you should do the following before the solicitation period ends: 1. Go to My Responses tab within the sourcing tool after you submitted your response State of Florida Contract 991-705-09-1 17 2. Click on the Response ID number of your last submitted response 3 Review your submittal to make sure all responses are complete, accurate and as you intended to submit • Minimum areas to check are: o Text boxes— Is your entire answer viewable? o Yes/No questions— Is the displayed answer correct? o All uploaded document files / scanned documents — Can you open attached document and clearly view entire content? o Pricing Information — Are all prices you intended to submit visible and accurately captured within Sourcing tool? o Required Items - Are all items listed on the Response Checklist Form completed as required within the sourcing tool? It is strongly recommended to submit your bid as early as possible. You should allow time to receive any requested assistance and to receive verification of your submittal; waiting until the last hours of the solicitation could impact the timely submittal of your bid. Do not rely on the MyFloridaMarketPlace sourcing tool's time remaining clock. The official solicitation closing time shall be as reflected in the table in section 1.2 event timeline The MyFlondaMarketPlace (MFMP) Sourcing Tool's time remaining clock is NOT the official submission date and time deadline, it is intended only to approximate the solicitation closing and may require periodic adjustments. Respondents are reminded that the sourcing tool's email notifications are an option provided to respondents as a courtesy. The State of Florida is under no obligation and does not guarantee that respondents will receive email notifications concerning the posting, change or close of solicitations. Respondents are responsible for checking the MyFlondaMarketPlace Sourcing tool and/or the Vendor Bid System for information, updates and changes concerning this solicitation. 3.8 MFMP Sourcing Tool Training for Respondents This solicitation will be conducted using the MyFlondaMarketPlace sourcing tool. Training tools to assist you can be found at. http://marketplace myflorida com/vendor/vendor solicitation/RFP- ITN event user guide pos. Click Solicitation Help, open, download and review the document titled ITB Event User Guide ppt Please have this document open on your desktop while participating on the call To participate in the conference call, please call in to the above conference call number approximately one (1) minute before the scheduled meeting time. Additionally, an On-Demand web-based interactive training application is available online to train vendors on how to respond to an event using the MyFloridaMarketPlace sourcing tool. This is another vehicle to use to receive training on how to use the sourcing tool. The link is http://marketplace myflorida com/vendor/vendor training htm, and click on Responding to a Sourcing Event. For all technical questions about the sourcing tool, vendor should contact the MyFloridaMarketPlace Customer Service Desk at (866) 352-3776 or email Customer Service at v endorhelp @myfloridamarketplace.com. State of Florida Contract 991-705-09-1 18 3.9 Addendums to the Solicitation Documents The Department reserves the right to issue addendums to the solicitation. Notice of any addendum will be posted within MyFloridaMarketPlace and the Vendor Bid System. Such notice, if required, will contain the appropriate details for identifying and/or reviewing the formal changes to the solicitation Each Respondent is responsible for monitoring the site for new or changing information concerning this solicitation 3.10 Firm Response The Department may make an award within one-hundred and eighty (180) days after the date of the opening, during which period responses shall remain firm and shall not be withdrawn If award is not made within one-hundred and eighty (180) days, the response shall remain firm until either the Department awards the contract or the Department receives from the respondent written notice that the response is withdrawn Any response that expresses a shorter duration may, in the Department's sole discretion, be accepted or rejected. 3.11 State Obiectives Within thirty (30) calendar days following award of the Contract, if awarded, the successful Respondent shall submit plans addressing each of the State's five (5) objectives listed below, to the extent applicable to the items/services covered by this solicitation 3.11.1 Diversity The State of Florida is committed to supporting its diverse business industry and population through ensuring participation by minority- and women-owned business enterprises in the economic life of the state. The State of Florida Mentor Protégé Program connects minority- and women-owned businesses with private corporations for business development mentoring We strongly encourage firms doing business with the State of Florida to consider this initiative For more information on the Mentor Protégé Program, please contact the Office of Supplier Diversity at(850)487-0915 To this end, it is vital that small, minority, and women-owned business enterprises participate in the State's procurement process as both prime Contractors and Subcontractors under prime Contracts. Small, minority, and women-owned businesses are strongly encouraged to submit replies to this solicitation. The Contractor shall submit documentation addressing Diversity and describing the efforts being made to encourage the participation of small, minority, and women-owned businesses Information on Certified Minority Business Enterprises (CMBE) is available from the Office of Supplier Diversity at: http//dms mvflorida.com/other programs/office of supplier diversity osd/. 3.11.2 Environmental Considerations The State supports and encourages initiatives to protect and preserve our environment The Contractor shall submit as part of any response the Contractor's plan to support the procurement of products and materials with recycled content, and the intent of Section 287.045, Florida Statutes The Contractor shall also provide a plan for reducing and or handling of any hazardous waste generated by Contractor's company. Reference Rule 62-730 160, Florida Administrative Code. It is a requirement of the Florida Department of Environmental Protection that a generator of hazardous waste materials that exceeds a certain threshold must have a valid and current Hazardous Waste Generator Identification Number. This identification number State of Florida Contract 991-705-09-1 19 shall be submitted as part of Contractor's explanation of its company's hazardous waste plan and shall explain in detail its handling and disposal of this waste 3.11.3 Certification of Drug-Free Workplace Program The State supports and encourages initiatives to keep the workplaces of Florida's Suppliers and Contractors drug free. Section 287.087 of the Florida Statutes provides that, where identical tie responses are received, preference shall be given to a response received from a Respondent that certifies it has implemented a drug-free workforce program. If applicable, Respondent shall certify that the Respondent has a drug-free workplace program using the Certification of Drug- Free Workplace form included in Section 7.6 of the solicitation The Contractor shall describe how it will address the implementation of a drug free workplace in offering the items of the solicitation 3.11.4 Products Available from the Blind or Other Handicapped (RESPECT) The State supports and encourages the gainful employment of citizens with disabilities It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this Contract shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in Section 413 036(1)and (2), Florida Statutes; and for purposes of this Contract the person, firm, or other business entity carrying out the provisions of this Contract shall be deemed to be substituted for the state agency insofar as dealings with such qualified nonprofit agency are concerned. Additional information about the designated nonprofit agency and the products it offers is available at http•//www.respectofflorida.org. The Contractor shall describe how it will address the use of RESPECT in offering the items of the solicitation 3.11.5 Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) The State supports and encourages the use of Florida correctional work programs. It is expressly understood and agreed that any articles which are the subject of, or required to carry out, this Contract shall be purchased from the corporation identified under Chapter 946, F.S , in the same manner and under the same procedures set forth in Section 946 515(2), and (4), F S ; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this Contract shall be deemed to be substituted for this agency insofar as dealings with such corporation are concerned Additional information about PRIDE and the products it offers is available at http•//www.pndefl com. The Contractor shall describe how it will address the use of PRIDE in offering the items of the solicitation 3.12 Electronic Posting of Award Offers shall be opened on the date and time indicated on the Event Timeline and thereafter evaluated. Prices will not be read, pursuant to Section 119.071(1)(b) [Supersedes reference in paragraph 2 11, Section 2 General Instructions to Respondents] of the Florida Statutes. After evaluating the responses, on the date indicated on the Timeline, the Department shall electronically post a Notice of Intended Award in MyFloridaMarketPlace and also in the state vendor bid system at http://fcn.state fl.us/owa vbs/owa/vbs www main menu. If the award decision is delayed, in lieu of posting them on the date indicated on the Timeline, the Department shall post a notice of the delay and a revised date for posting the Notice of Intended Award Any person who is adversely affected by the decision shall file with the State of Florida Contract 991-705-09-1 20 Department a notice of protest within 72 hours after the electronic posting (see Section 2.19 of the General Instructions (PUR 1001) for more information on protests). The Department shall not provide notices of award by any other means 3.13 End Markets All processing/recycling/disposal subcontractors used by the contractor for disposal and or recycling of CRT's and other electronics equipment, lead-bearing or mercury-bearing components, and other residuals may be subject to approval by the State of Florida Approval of end markets shall be based on proof of required regulatory permits and environmental protection compliance records for the regulatory agencies within the jurisdiction where the processing/recycling facility is located, and/or based on investigations by State of Florida officials. The State of Florida may also conduct environmental protection compliance audits at end market or disposal facilities. Respondents shall submit, via the on-line electronic procurement system, a Process Flow Diagram that clearly indicates all principals, participating firms, materials and final materials disposition destinations Additionally, proof of end market agreements shall be provided with the bid Documentation may be in the form of letters of agreements/contracts on subcontractor letterhead, or copies of agreements/contracts indicating scope of agreement, dates and signatures, and shall include the following: 1 Identification of the principals participating in the contract, including companies and/or individuals involved in the following: • Hauling or transporting of the recyclable materials • Collecting, sorting, and/or separating the recyclable materials • Processing the recyclable materials into raw materials or components that can be recycled • Final Materials Disposition; examples: o CRT's are sent to, Electronic Components are sent to, Electronic Circuit Boards are sent to; Plastics; Metals; etc 2. The identification of these firms and/or individuals shall include the following. • Name of firm and/or individual • Address, telephone number, fax number • Identification of officers, directors, and principals owning 25% or more of the firm and the name of any officer, director or agent • Statement regarding the extent to which the participants in the contract include either Florida based businesses or businesses with a Florida presence State Purchasing should be notified in writing of any proposed changes to original processing, recycling, or disposal subcontractors The State retains sole discretion to accept and approve such requests when deemed to be in the State's best interest. No changes shall be binding upon the State unless evidenced by a written notice issued by the contract administrator 3.14 Price Sheets Respondents shall submit, via the on-line electronic procurement system, completed Price Sheets as provided in the solicitation These Price Sheets provide a method for offering pricing for the equipment categories listed for collection within the scope of work. The pricing offered on the Price Sheets will be evaluated in accordance with Section 3.17 of the solicitation State of Florida Contract 991-705-09-1 21 Note: In the Ariba Sourcing tool, when you are in the "Prepare Response" activity, one of the steps is to go to the "Enter Values" page Respondents must enter a Value of"1" (one) or "0" (zero) for each item This is a required field to satisfy the electronic tool programming; it will not affect the prices offered, and will allow your bid to be accepted without error code generation. Respondents are required to bid on all items. For this event there is only one item on the "Enter Values" page 3.15 Lobbying The Service Provider or Respondent shall not lobby the legislative, judicial or executive branches, or any State Agency on any aspect of this Solicitation during the procurement process (i.e. from time contract is advertised to execution of a contract) associated with the Contract. Violation of this restriction can be cause for disqualification from the procurement process. See Section 4.18 Lobbying and Integrity 3.16 Questions Regarding Solicitation Respondents shall address all questions regarding this solicitation to the Procurement Officer (See Section 3 2 Contact Person). Questions must be submitted via the Q&A Board within MyFlondaMarketPlace and must be RECEIVED NO LATER THAN the time and date reflected on the Timeline See Section 2.5 Questions 3.17 Basis for Award The Department will evaluate responsive bidder responses against all evaluation criteria set forth in the solicitation. An award will be made to the responsive and responsible respondent(s) submitting the Best Value for all equipment categories for each geographic district as illustrated on the enclosed map Respondents may bid and receive awards in all districts The district(s) bid shall be the Respondent's option. Best Value will be established as the lowest prices submitted on the Price Sheets from the TOTAL ALL ITEMS FOR AWARD value. TOTAL ALL ITEMS FOR AWARD is calculated by adding the Total High Value Items (Weighted) + Total Low Value Items + Total Low Value Services and deducting (-) Total High Value Services. Weighted values are established from volumes collected during the previous contract. See Appendix B for details The Department reserves the right to accept or reject any and all responses, or separable portions, and to waive any minor irregularities, technicality, or omission if the Department determines that doing so will serve the State's best interest The Department reserves the right to award by line item, category or overall to a single respondent on a statewide basis if it is determined that doing so will serve the State's best interest The Department reserves the right to reject pricing that is greater than pricing offered to other potential Customers (e g., city, county, university, or federal contracts). All other provisions of Awards paragraph, General Conditions, shall prevail. The Department [The Remainder of this Page is intentionally Left Blank] State of Florida Contract 991-705-09-1 22 EXHIBIT B Pricing for All Districts Rate this Contract View Survey Results PRICES INCLUDE FREIGHT/TRANSPORTATION The following negative values and prices In(parenthesis) will be paid to users of the contract by the Contractor. For State Agency users, payments will be made by the Contractor to the DMS for deposit Into the States General Revenue. Other users will receive payment directly from the Contractor. ITEM DESCRIPTION UNIT OF UNIT PRICE PER MEASURE ITEM Monitors EA $0.00 Central Processor Units (CPU's) EA ($6.00) Laptops EA ($25 00) Keyboards EA $0 00 Televisions EA $10.00 Printers EA $0.00 Copiers EA ($20.00) Telecommunication Equipment* EA $0.00 Price per lb. for all other non serialized penpherals or other electronic equipment as follows. LBS. $0.00 cables, connectors, jacks, splitter&duster boxes, buffers, converters, bar code readers, optical dnves, tape drives, hard/floppy dnves, repeater, transceiver, power backup, surge protectors, voltage regulators, modems, calculators, computer racks, projectors, VCR players, DVD player, and cameras FOR EACH SCHEDULED PICKUP OR DELIVERY DISCOUNT DISCOUNT FROM UNIT PRICE FOR DELIVERED ITEMS: 30% DISCOUNT FROM UNIT PRICE FOR ITEM QUANTY NUMBERING GREATER THAN 249: 10% ADDITIONAL PICK UP TIME Each additional 30 minute penod will be billed at the rate of: (See Section 3 04 ($30.00) of this contract) BALANCE OF LINE: items and or services not spedfied on this page to be recycled by the using entity/agency to include Asset Management or by mutual agreement at a pre-negotiated net price per work-order. Asset Management means "the vendor and the using entity/agency agree on a pnce to be paid to the using entity/agency by the vendor for spedfied materials. Spedfied materials are not limited to the Items listed on this price sheet." MINIMUM ORDER: Minimum order on this contract shall be: 10 Items or 50 lbs of non serialized peripherals QUANTITY DISCOUNT:Additional discount to be deducted from net prices for large single orders of assorted Items, from one(1) location *Telecommunication Equipment is limited to hand held or desktop telecommunication equipment such as phones, fax machines, etc Creative Recycling Services,LLC.(CRS) AGREEMENT 3110 Cherry Palm Dr. Suite 330 Tampa,FL33619 CREATIVE RECYCLING Phone: 800-797-2061 Fax: 813-740-0099 Email: Sales @CRSErecycling.com Account Name: City of Clermont v01252013 Customer Pickup Address: Billing Address: 400 12th Street Clermont,FL 34711 3335 Hancock Road Clermont,FL 34711 Pickup Contact:Brian Camp Billing Contact:Heather Wooding Pickup Phone:(352)267-2558 Billing Phone: (352)241-0178 Pickup Email:bcamp@clermontfl.org Billing Email:HWoodinl lermontfl.o,: SERVICES Pricing:CRS will charge City of Clermont CRT TVs&Monitors-$.18/lbs.,Wood Console TVs-$.20/lbs.,Projection TVs- $.18/lbs.,and all other electronics will be recycled at no additional charges.This pricing will be in effect as of August 16,2013. Inventory: Material counts will vary with each pickup request. Term: 1 Year Reporting: Certificate of Recycling/Media Sanitization* X Certificate of Recycling/Media Destruction* _ NOTES **Certificates of Recycling and Payment/Invoice will be sent 45-60 days after pickup. ** Customer Representative:James Kristof Phone:727-643-3704 Email:ikristof@crserecvcling.com Acceptance:Customer must acknowledge reading,understanding and accepting this entire Agreement by signing this page AND the attached Terms and Conditions. Please SIGN below and INITIAL bottom of Pare 2 and return by Fax or Email to Sales Representative. Company Name: City of Clerm•r Date:August 16,2013 / Authorized Customer Signature: ���� Date: g- ( R 13 Printed Name: 'F-12.-D D) BOA Ql~l R2 Certified n Ir SCR'NCI OF Rrusr Creative Recycling Services.11C. 8105 Certified 3110 Cherry Palm Dr.,Ste 330 19014001 Tempe,R 43619 ISO 9001 813 621.2319 OSHAS 18001 800.797.2061 !Stewards 813.740.0099 waw.erseregdUi.aom TERMS AND CONDITIONS This Agreement,made as of the date Indicated on the face of this Agreement,between Creative Recycling(CRS)and the entity identified on the face of the Agreement(hereinafter known as the Customer), sets forth the terms and conditions by which CRS will provide the Customer with the services indicated below.The parties,intending to be legally bound,agree as follows. 1. Definitions:CRS,we, us refers to Creative Recyding Services, LLC. and all its employees and agents. You, Customer, refers to the entity identified on the face of the Agreement- 2. Compensation. For services performed hereunder,Customer will compensate CRS in accordance with the price schedule as set forth on the face of the Agreement.This initial fee schedule will remain In effect for a penod as stated on the face of the Agreement CRS will notify the Customer in writing 30 days in advance of any changes in its fee schedule. 3. Payment,is due in full within the specified time under'Terms"on the front of the Agreement or within 30 days of delivery or pickup whichever Is less If no terms are indicated under"Terms"on the front of the Agreement,then payment Is due on the date Agreement is executed.In the event of default of this payment,the Customer agrees to pay all costs of collection including attorney's fees and court costs.The Customer further agrees to pay an interest charge of 1.5%Imonth on all unpaid balances calculated to the original payment due date. In addition to all other remedies available to it at law or in equity,CRS will assess a fee of$20 on any check that is returned by the Customer. 4. Delivery;Shall take place at CRS's facilities unless otherwise specified in writing on the Agreement.All shipments shall meet US Department of Transportation(DOT)and Environmental Protection Agency(EPA)labeling and containerized specifications. 5. Inspection:CRS will inspect all electronic recycling components upon arrival at the CRS facility.Any defects or discrepancies,CRS will notify the customer as soon as practical via phone or in writing;describing any defects and'discrepandes. 6. Warranties and Representations' 1)CRS will perform recycling services for electronic components In a diligent and workmanlike manner, consistent with all applicable laws and regulations.Upon request CRS will provide the Customer with written certificate of recyding.It Is CRS's intention to recycle all materials,wherever practical.2)Customer has good and marketable title to the equipment and materials free and dear of all liens, claims and encumbrances of any kind. 3) Unless otherwise mutually agreed upon by both parties, Customer represents and warrants that the electronic components do not contain any confidential or proprietary Information and Customer has complied with all applicable legal requirements for protection of such information. 7. Conformina Materials: Matenals that CRS agrees to recycle are limited to those set forth on the face of the Agreement These materials hereafter will be referred to as conforming materials.Any non-conforming material received will be returned to the Customer at their expense. 8. Transfer of Title:.Title to all conforming materials,whether recyclable or non-recyclable,will pass from the Customer and vest In CRS,when the recyclable material is delivered to CRS's facility or loaded upon a CRS transportation'vehicle.Title to any non-conforming material shall remain with the customer. 9. plaligm The Agreement is in force for the penod stated on,the front of the agreement The agreement will automatically renew at the end of this period unless changed by a new agreement as agreed upon in writing by CRS and the customer. 10. Termination: CRS may terminate the Agreement without cause by giving 30 days written notice to the Customer. If we terminate the Agreement,you will pay us per terms of the Agreement for all previously unbilled work and all outstanding invoices. If you choose to use our services after termination of the Agreement, you agree that the Agreement will again be in full force including the paragraph captioned "Duration". Termination of the Agreement will be in addition to, and not In lieu of, any other remedies available to us. The paragraphs captioned"Compensation","Payment"and"Indemnification",will survive termination of the Agreement 11., Indemnification The Customer agrees to indemnify, defend,and hold CRS harmless from,and against any and all liabilities,claims, costs, losses,damages,and other expenses,including reasonable attorney fees,which CRS may hereafter incur,become responsible for,or pay out as a result of damage to any property, contamination or adverse effects on the environment, or any violation of laws arising out of either parties negligence or willful conduct,in the performance of the Agreement or either parties material breath of any warranties. 12. &Algoma=CRS may assign or delegate its rights or obligations under the Agreement(induding operation of law)without the Customer's consent. 13 Force Maieure: Except with respect to the obligations under"Indemnification',neither party will be liable for failure to perform hereunder due to circumstances beyond Its reasonable control. 14. Entire Agreement:This Agreement and any attached exhibits constitute the full and complete understanding and Agreement between CRS and Customer relating to the subject matter and supersede all prior understandings and Agreements relating to the subject matter.Any waiver, modification or amendment of any provision of the Agreement will be effective only If In writing and signed by both parties.The provisions of this Agreement will prevail over any conflicting provisions in a purchase order,acceptance notice,or other document Waiver Either party's waiver or failure to exercise In any respect any nght provided for in the Agreement will not be deemed a waiver of any further right under the Agreement This agreement shall be interpreted under the laws of the State of Florida.Any dvil action or legal proceeding brought under this agreement shall be resolved in the state courts of Hillsborough County,State of Florida. Imhat R2 Certified TI IF SCIENCE OF REUSE Creative Recrt$tg Services,LLC: RiOS Certified 3110 Cherry Palm Dr.,Ste 338 6O 14001 Tampa,R 93619 609001 813621 3379 OSHAS 18001 800.797.2061 !Stewards 813.740.0099 www.craereTycMg.00m