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HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-185Temp. Reso, 10511 Page 1 of 3 July 28, 2004 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2004- /9'4- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A JOINT PARTICIPATION AGREEMENT WITH BROWARD COUNTY FOR HOUSEHOLD HAZARDOUS WASTE COLLECTION EVENTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Household Hazardous Waste (HHW) is currently collected every Saturday at drop-off sites in Pompano Beach and Hollywood; and WHEREAS, data indicates that participation is greater when the distance to a drop-off site is minimal; and WHEREAS, the goal of this program is to bring the HHW service offered at the two fixed sites to temporary remote collection locations for one day; and WHEREAS, the City of Tamarac has previously hosted a remote collection site to provide a more convenient opportunity to its residents who may not otherwise travel to the two existing fixed sites; and WHEREAS, Broward County has reserved September 19, 2004 to hold a remote collection site in the City of Tamarac; and WHEREAS, these HHW collection events are conducted by Broward County through a third party vendor, EQ Florida, Inc.; and WHEREAS, EQ Florida, Inc. has agreed to extend and honor all terms and conditions contained in the Joint Participation Agreement between Broward County and the City of Tamarac for Household Hazardous Waste Collection Temp. Reso. 10511 Page 2 of 3 July 28, 2004 Events, including naming the City as a certificate holder on a $2 million general liability insurance policy, a copy of said certificate attached hereto as Exhibit 1; and WHEREAS, the Director of Public Works recommends that the City execute a Joint Participation Agreement with Broward County for HHW collection events Inc.; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to execute a joint participation agreement with Broward County for HHW collection events. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are HEREBY ratified and confirmed as being true and correct and are HEREBY made a specific part of this Resolution upon adoption hereof. SECTION 2: The appropriate City Officials are HEREBY authorized to execute the Joint Participation Agreement with Broward County and the City of Tamarac for Household Hazardous Waste Collection Events, hereto attached as Exhibit 2. SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other Temp, Reso, 10511 Page 3 of 3 July 28, 2004 provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. SECTION 5- This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 251h day of August, 2004. ATTEST: 17 MARIQN SW NSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to,form. MITCHELL S. CITY ATTO 1-1 r'�JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABI DIST 3: V/M SULTANOF DIST 4: COMM. ROBERTS Temp. Reso. 10511, Exhibit 1 JUl- P1611 I1 e$ FRQI q FLORIDA A 0131110141 T-417 11.40004 F-714 A�y x N ll�M� V. INM e .�.►.► . IN ps DOFF ANY 0110T fR lii:1 T1MN 001I Al ETU� M%� TO��146H §@;U MIgNSAND ClJI MOMS OF SUGN,, .4Z'rT1pi r/x/XOOS S/1/2004 L-Goal ADD AMID �ea�wrR►�rr � rjg laftgumsm 41.1.10011MCAUM& :C1�iG1NMR1A1l� 1r*aA" 1004VA10AYT48 �7aaaa R/i/aoas/i/acaoa �.�a.T S. z.000, 4aa �Nyygy � � vaou Y Y C NOUAIR v e�toun ❑ aasw+w►e� psoucl'ir►� 0/4/2097 8/16/8004 A „ MAW =*11M410, a/xlsgoa 3/�/�ooa ��r q 41 ful eii am MA" iA rrpwANpoAN =30 VMS MM 11aICM! 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Wooten, umder :1.+ &well MW 1*1■ V00 : aaa314■ tw1:84O184 cifft: Temp. Reso. 10511 Page 1 of 3 CITY OF TAMARAC, FLORIDA July 28, 2004 RESOLUTION NO. R-2004- /�� A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A JOINT PARTICIPATION AGREEMENT WITH BROWARD COUNTY FOR HOUSEHOLD HAZARDOUS WASTE COLLECTION EVENTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Household Hazardous Waste (HHW) is currently collected every Saturday at drop-off sites in Pompano Beach and Hollywood; and WHEREAS, data indicates that participation is greater when the distance to a drop-off site is minimal; and WHEREAS, the goal of this program is to bring the HHW service offered at the two fixed sites to temporary remote collection locations for one day; and WHEREAS, the City of Tamarac has previously hosted a remote collection site to provide a more convenient opportunity to its residents who may not otherwise travel to the two existing fixed sites; and WHEREAS, Broward County has reserved September 19, 2004 to hold a remote collection site in the City of Tamarac; and WHEREAS, these HHW collection events are conducted by Broward County through a third party vendor, EQ Florida, Inc.; and WHEREAS, EQ Florida, Inc. has agreed to extend and honor all terms and conditions contained in the Joint Participation Agreement between Broward County and the City of Tamarac for Household Hazardous Waste Collection Temp. Reso. 10511 Page 2 of 3 July 28, 2004 Events, including naming the City as a certificate holder on a $2 million general liability insurance policy, a copy of said certificate attached hereto as Exhibit 1; and WHEREAS, the Director of Public Works recommends that the City execute a Joint Participation Agreement with Broward County for HHW collection events Inc.; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to execute a joint participation agreement with Broward County for HHW collection events. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are HEREBY ratified and confirmed as being true and correct and are HEREBY made a specific part of this Resolution upon adoption hereof. SECTION 2: The appropriate City Officials are HEREBY authorized to execute the Joint Participation Agreement with Broward County and the City of Tamarac for Household Hazardous Waste Collection Events, hereto 6ttached as Exhibit 2. SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other Temp. Reso. 10511 Page 3 of 3 July 28, 2004 provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. SECTION 5: This Resolution shalt become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 25m day of August, 2004. ATTEST: MARION SWENSON, CIVIC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to,form. k./ ` MITCHELL S. CITY ATTOi 'JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNLR DIST 2: COMM. FLANSBAUM-TAL DIST 3: V/M SULTANOF DIST 4: COMM. ROBERTS Temp. Rego. 10511, Exhibit 1 JU6-Dir 904 Ilia FR" FLONDA T-411 F.vmft F-714 new T p t1e= J1NIY A4A �� �� R T �duCy� OD M A1NQW0 IR RiU"iLlT TO Ai.4 701 TRIM& MOCLAMM ANI13 CIMM U ps>WCH a�l.u�llMan N� DIEM cuumamom� lstdtd am w uw pa WAZ'17908 0/2/3008 11/3/2904 pmmgil all MV AWO ALL. MMM1MgAUM >�� IWWD^M NON bAUT" QVIO ii0! fill/soli s/1/8404 �aNlrNurrY . i,aa0,0an � y y M/�I1pM�RL M "Abu" am Y Saw v wW.rwnY Iasi .'�'INNA ° >/Gi]Mmm low Liam"" vwvaior0 •I�rs�s >f/3/soa4 9 1610 DID- goo .araosvr VI/sao4 oAisovv �w r 114or 000 0aolr f=1�a+a W �00 No atl rpse Y rMeNaewMrra�oaNr M Win VWDS Alta mXV&A=! 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University Drive, Suite 400-B • Plantation, Florida 33324 • 954-765-4202 • FAX 954-577-2390 V September 16, 2004 Jeffrey Miller City of Tamarac 7525 NW 88 Avenue Tamarac, FL 33321 Re: Household Hazardous Waste Collection Events Dear Mr. Miller: Enclosed is a fully executed Joint Participation Agreement between Broward County and the City of Tamarac for Household Hazardous Waste Collection Events, as approved and executed by the Broward County Commission at its meeting of August 10, 2004. We look forward to a good working relationship this year. Thanks for your interest. Sincerely, Peter o e Director PF: mg c: Amber D'Amato, TAC Representative 1 per i, Browi� �rrgners Josephu5 Eggelletion, Jr. Ben Graber Sue Gunzburger Krlsti ro Iene c" !�' "a�'" lG, • John E. Rodstrom, Jr. • Jim Scott Diana Wasserman -Rubin www.bra+ t rg/OIWM i ,w "ie id paper Temp. Reso. 10511 Exhibit 2 JOINT PARTICIPATION AGREEMENT between BROWARD COUNTY and CITY OF TAMARAC for HOUSEHOLD HAZARDOUS WASTE COLLECTION EVENTS JOINT PARTICIPATION AGREEMENT between BROWARD COUNTY and CITY OF TAMARAC for HOUSEHOLD HAZARDOUS WASTE COLLECTION EVENTS This is an Agreement, made and entered into by and between: BROWARD COUNTY, a political subdivision of the state of hereinafter referred to as "COUNTY," Florida, AND The CITY OF TAMARAC, a Florida municipal corporation, hereinafter referred to as "CITY." WHEREAS, the COUNTY desires to bring Household Hazardous Waste (hereinafter HHW) disposal services into communities remote from the two permanent collection sites currently located in Hollywood and Pompano; and WHEREAS, in order to deliver such services, COUNTY and CITY agree that special, pre -scheduled, pre -advertised collection events within the CITY shall be held under the terms and conditions of this agreement; NOW, THEREFORE In CONSIDERATION of the mutual terms, conditions, promises, covenants, and payments hereinafter set forth, COUNTY and CITY agree as follows: ARTICLE 1 DEFINITIONS 1.1 AGREEMENT: "Agreement" means this document, Articles 1 through 10, inclusive. Other terms and conditions are included in the exhibits and documents that are expressly incorporated by reference. 1.2 BOARD: "Board" shall mean the Broward County Board of County Commissioners. 1.3 CONTRACT ADMINISTRATOR: "Contract Administrator" shall mean the Broward County Administrator, the Director of the Recycling Contract Administration Division, or the designee of such County Administrator or Director. The primary responsibilities of the Contract Administrator are to coordinate and communicate with CITY and to manage and supervise execution and completion of the Scope of Services and the terms and conditions of this Agreement as set forth herein. In the administration of this Agreement, as contrasted with matters of policy, all parties may rely on the instructions or determinations made by the Contract Administrator as permitted in this Agreement. 1.4 COUNTY: "County" shall mean The Board as defined in Section 1.2 unless expressly provided otherwise. 1.5 COUNTY ATTORNEY: "County Attorney" shall mean the chief legal counsel for COUNTY who directs and supervises the Office of the County Attorney pursuant to Section 2.10 of the Broward County Charter. 1.6 EFFECTIVE DATE: and the date this Agreement shall be effective, is the date this Agreement is fully executed by the County and the CITY. 1.7 EVENT: "Event" shall consists of the services described in Article 2. ARTICLE 2 SCOPE OF SERVICES 2.1 CITY shall perform all work identified in this Agreement and Exhibit "A," Event Plan, attached hereto and incorporated herein. The parties agree that the scope of services is a description of CITY's and COUNTY's obligations and responsibilities and is deemed to include preliminary considerations and prerequisites, and all labor, materials, equipment, and tasks which are such an inseparable part of the work described that exclusion would render performance by both CITY and COUNTY impractical, illogical, or unconscionable. 2.2 CITY acknowledges and agrees that the Contract Administrator has no authority to make changes that would increase, decrease, or otherwise modify the Scope of Services to be provided under this Agreement; provided however that the Contract Administrator retains the authority to make changes to Exhibit ,A,,, in order to increase the operational efficiency of the event and/or to address health and safety concerns as he/she deems necessary, so long as any such modifications do not increase the cost to either party of providing the original scope of services or result in encumbrances on either party's performance hereunder. 2.3 COUNTY and CITY agree that COUNTY's role is to provide general administrative oversight and joint funding for this Event and that COUNTY shall not, therefore, exercise any control over the work herein described, except as specifically provided for by the terms and conditions of this Agreement. 3 2.4 CITY agrees to name COUNTY as a third -party beneficiary to all rights and benefits enjoyed by CITY pursuant to any contracts with consultant(s) or contractor(s) Providing services pursuant to the terms and conditions of this Agreement. ARTICLE 3 COSTS AND COMPENSATION 3.1 COUNTY and CITY shall share the costs of the Event in accordance with the terms and conditions contained herein and Exhibit "A.,, ARTICLE 4 TERM AND TIME OF PERFORMANCE 4.1 The term of this Agreement shall begin on the date it is fully executed by both parties ("Effective Date") and shall end on June 27, 2006, unless terminated earlier pursuant to Article 7, "Termination." The term may be extended for up to two (2) additional one (1) year periods upon written approval of the Contract Administrator, 30 days prior to the expiration of the then current term, and the consent of CITY. The continuation of this Agreement beyond the end of any fiscal year shall be subject to the availability of funds from COUNTY and CITY in accordance with Chapter 129 and 166, Florida Statutes. ARTICLE 5 INDEMNIFICATION 5.1 CITY is a state agency as defined in Chapter 768.28, Florida Statutes, and so agrees to be fully responsible for acts and omissions of its agents or employees to the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency or political subdivision of the state of Florida to be sued by third parties in any matter arising out of this Agreement or any other contract. 5.2 COUNTY is a political subdivision as defined in Chapter 768.28, Florida Statutes, and so agrees to be fully responsible for acts and omissions of its agents or employees to the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency or political subdivision of the state of Florida to be sued by third parties in any matter arising out of this Agreement or any other contract. 4 ARTICLE 6 INSURANCE 6.1 CITY is an entity subject to Section 768.28, Florida Statutes, and CITY shall furnish Contract Administrator with written verification of liability protection in accordance with state law prior to final execution of said agreement. ARTICLE 7 TERMINATION 7.1 This Agreement may be terminated for cause by action of the Board or by CITY if the party in breach has not corrected the breach within thirty (30) days after written notice from the aggrieved party identifying the breach, or for convenience by action of Board or CITY upon not less than thirty (30) days' written notice by Contract Administrator. This Agreement may also be terminated by Contract Administrator or CITY upon such notice as Contract Administrator or CITY deems appropriate under the circumstances in the event termination is necessary to protect the public health, safety, or welfare. 7.2 Termination of this Agreement for cause shall include, but not be limited to, failure to suitably perform the work, failure to continuously perform the work in a timely manner calculated to meet or accomplish the objectives of COUNTY or CITY as set forth in this Agreement, or multiple breach of the provisions of this Agreement notwithstanding whether any such breach was previously waived or cured. 7.3 Notice of termination shall be provided in accordance with the "NOTICES" section of this Agreement except that notice of termination by Contract Administrator or CITY which is deemed necessary to protect the public health, safety, or welfare may be verbal notice which shall be promptly confirmed in writing in accordance with the "NOTICES" section of this Agreement. 7.4 In the event this Agreement is terminated for convenience prior to the conclusion of the term set forth herein, both parties acknowledge and agree that Ten Dollars ($10.00) of the compensation to be paid hereunder, the adequacy of which is hereby acknowledged by both parties, is given as specific consideration to either party's right to terminate this Agreement for convenience. ARTICLE 8 NOTICES Whenever either party desires to give notice unto the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand -delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified; and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice: COUNTY; Director, Recycling & Contract Administration Division 1 North University Drive Suite 400 B Plantation, Florida 33324 CITY: City Manager City of Tamarac 7525 North West 881h Ave. Tamarac, Florida 33321 9.1 EEO COMPLIANCE With a copy to City Attorney at the same address ARTICLE 9 EEO COMPLIANCE. CITY shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. CITY shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by COUNTY, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, CITY shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. CITY's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation (Broward County Code, Chapter 16Y2), national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used as a basis for service delivery. CITY shall not engage in or commit any discriminatory practice in violation of the Broward County Human Rights Act (Broward County Code, Chapter 16%) in performing any services pursuant to this Agreement. By execution of this Agreement, CITY represents, and COUNTY hereby materially relies on such representation in entering into this Agreement, that it has not been placed on the discriminatory vendor list (as provided in Section 287.134, Florida Statutes). An untrue representation of the foregoing shall entitle COUNTY to [01 terminate this Agreement and recover from CITY all monies paid by COUNTY pursuant to this Agreement, and may result in debarment from COUNTY's competitive procurement activities. ARTICLE 10 MISCELLANEOUS 10.1 AUDIT RIGHT AND RETENTION OF RECORDS COUNTY shall have the right to audit the books, records, and accounts of CITY that are related to this Event. CITY shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to the Event. CITY and COUNTY shall preserve and make available, at reasonable times for examination and audit by the other party, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period of the Florida Public Records Act (Chapter 119, Florida Statutes), if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. If the Florida Public Records Act is determined by one party to be applicable to the other party's records, the other party shall comply with all requirements thereof; however, no confidentiality or non -disclosure requirement of either federal or state law shall be violated. Any incomplete or incorrect entry in CITY's books, records, and accounts shall be a.basis for COUNTY's disallowance and recovery of any payment upon such entry. 10.2 ASSIGNMENT AND PERFORMANCE Neither this Agreement nor any interest herein shall be assigned, transferred, or encumbered by either party. 10.3 MATERIALITY AND WAIVER OF BREACH COUNTY and CITY agree that each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement and, therefore, is a material term hereof. Either party's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. rA 10.4 COMPLIANCE WITH LAWS Both parties shall comply with all federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant to this Agreement. 10.5 SEVERANCE In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless COUNTY or CITY elects to terminate this Agreement. An election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 10.6 JOINT PREPARATION The parties acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of, judicial construction, be construed more severely against one of the parties than the other. 10.7 PRIORITY OF PROVISIONS If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of Articles 1 through 10 of this Agreement, the term, statement, requirement, or provision contained in Articles 1 through 10 shall prevail and be given effect. 10.8 JURISDICTION VENUE WAIVER OF JURY TRIAL This Agreement shall be interpreted and construed in accordance with and governed by the laws of the state of Florida. Any controversies or legal problems arising out of this Agreement and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the state courts of the Seventeenth Judicial Circuit and venue for litigation arising out of this Agreement shall be in such state courts. By entering into this Agreement, CITY and COUNTY hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to this Agreement.' Ell 10.9 AMENDMENTS No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the Board and CITY. 10.10 PRIOR AGREEMENTS This document represents the final and complete understanding of the parties and incorporates or supersedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. The Parties agree that there is no commitment, agreement, or understanding concerning the subject matter of this Agreement that is not contained in this written document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representation oragreement, whetheroral orwritten. The parties hereto acknowledged and agree that the Interlocal Agreement dated July 15, 2002 shall terminate on the Effective Date of this Agreement. 10.11 INCORPORATION BY REFERENCE The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. The attached Exhibits are incorporated into and made a part of this Agreement. 10.12 INDEPENDENT CONTRACTOR CITY is an independent contractor under this Agreement. Services provided by CITY pursuant to this Agreement shall be subject to the supervision of CITY. In providing such services, neither CITY nor its agents shall act as officers, employees, or agents of the COUNTY. No partnership, joint venture, or other joint relationship is created hereby. COUNTY does not extend to CITY or CITY's agents any authority of any kind to bind COUNTY in any respect whatsoever. 10.13 LIVING WAGE REQUIREMENT To the extent CITY is a "covered employer" within the meaning of Broward County Ordinance No. 2002-45, as may be amended from time to time, CITY agrees to and shall pay to all of its employees providing "covered services," as defined therein, a living wage as required by such ordinance, and CITY shall fully comply with the requirements of such ordinance and shall satisfy, comply with, and complete all of the obligations set forth therein. CITY shall be responsible for and shall ensure that all of its subcontractors that qualify as covered employers fully comply with the requirements of such ordinance and satisfy, comply with, and complete all of the obligations set forth therein. 9 10.14 MULTIPLE ORIGINALS Multiple copies of this Agreement may be executed by all parties, each of which, bearing original signatures, shall have the force and effect of an original document. (INTENTIONALLY LEFT BLANK) 10 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and though its Mqygr or Vice -Mayor, ah rized to execute same by Board actin n thay of , 20_ and CITY, signing by and through its , duYy authorized to execute same. COUNTY U_11111fMys Bre&4rd County Admit- rr, as Ex-officio Clerk of the Broward County Board of County Commissionerstoo AA v�s,aa•vv.®� %j % •, % r w - � P�TED • a OCT isT e S <iy 1915 w'� •�`oC e� T 11 BROWARD COUNTY, by and through its Board of County Commissioners w ZAA —day of Approved as to form by Office of the County Attorney for Broward County, Florida EDWARD A. DION, County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641 By0��QGLZ I b Yasmi Gavin (Date) Assistant County Attorney AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR A PROMOTIONAL HOUSEHOLD HAZARDOUS WASTE REMOTE SITE PROGRAM ATTEST: Marion Swenis CMC Date CITY 12 Approved by Resolution No. � _ 1 S Dated CITY OF TAMARAC oe Schreiber, Mayvr D to �p LU-1h- Jeffrey ity Manager Date Approved as to form and legal Date AGREEMENT BETWEEN BROWARD COUNTY AND CITY FOR A PROMOTIONAL HOUSEHOLD HAZARDOUS WASTE REMOTE SITE PROGRAM EXHIBIT "A" EVENT PLAN Section 1 Definitions For purposes of this Exhibit "A", the following definitions shall apply: 1.11 Contractor: The Firm(s) hired by the COUNTY, pursuant to Bid #J-Y-03-282-B11, to provide various services in the collection, processing and disposal of HHW pursuant to this Agreement. 1.2 Event Coordinator: The municipal representative assigned by the City responsible for coordinating municipal response and take any necessary action on behalf of the municipality, pursuant to the terms and conditions of this Agreement. 1.33 HHW Coordinator: The County employee responsible for the planning and implementation of the County's HHW Program including the Remote Site Events. 1.44 Contractor's Project Coordinator: Employee of the Contractor, as defined herein, responsible for coordinating the Remote Site Events, in cooperation with the HHW Coordinator. 1.55 Health and Safety Plan: A site specific plan, developed cooperatively by the HHW .Coordinator and Contractor, which will address related safety issues, worker welfare and spill contingencies arising from the Site Events contemplated by this Agreement. 1_6 Business Generated Hazardous Waste: Hazardous materials not generated from residential activities, more particularly, materials generated by conditional exempt small quantity generators or other licensed generators. Section 2 INTENT The intent of the Remote HHW collection event is to bring HHW disposal services into communities remote from the two permanent collection sites at: 2780 N. Powerline Road, Pompano Beach, and 5601 W. Hallandale Beach Blvd. Hollywood. The intent is also to make access to the HHW service more available to all County residents. The remote events will target specific municipal regions, however, every event shall be open to the all residents of Broward County. 13 Section 3 SERVICES OFFERED BY HHW REMOTE COLLECTION EVENTS One or more pre -scheduled, pre -advertised collection events at a municipal site, with thirty days advanced notice to CITY. The event will be operated by Broward County's HHW Program, and its Hazardous Household Waste Contractor. Where appropriate the terms and conditions of the Bid #J-Y-03-282-B 11, attached hereto and incorporated herein as Exhibit "B", shall apply. Section 4 COUNTY RESPONSIBILITIES 4.1 The County shall provide technical assistance in site selection, traffic patterns, municipal staff deployment and other event planning, including due notice to Contractor. 4.2 COUNTY shall pay for the disposal of acceptable collected hazardous waste in accordance with Bid#J-Y-03-282-B11. Pursuant to this Bid, all material must be weighed in original containers using Florida State Department if Agriculture Certified Scale and net weight recorded by Contractor. Disposal costs are based on the net weight of the waste which will be determined by on site weighing. 4.3 The COUNTY HHW Coordinator, or his/her designee, shall certify net weight, contents, number, size and disposal facility of each drum on a Chemical Waste Removal Log. One (1) copy of which shall be given to the COUNTY at the close of the Event. 4.4 The COUNTY shall accept collected, segregated hazardous materials and latex paint delivered to the Event from government agencies of the CITY. 4.5 The COUNTY shall provide a roll -off container(s) for the collection of latex paint and pay all transportation and processing charges. 4.6 The County will prepare, coordinate and finance one (1) Event Advertisement to be run in the local area newspaper. Camera ready art from this advertisement shall be available for municipal use. 4.7 The HHW Coordinator, or designee, shall sign all Chemical Waste Disposal Logs and Manifests. The Coordinator shall be given a legible copy of each document. in addition to the above referenced documents, the Coordinator will be given a legible copy of the Container Content Sheets. The Coordinator will receive each document prior to the Contractor's removing waste from the site. These documents shall be available for CITY review upon request. 14 HEALTH AND SAFETY 4.8 Prior to the Event, a Contingency Spill Plan shall be prepared by the Contractor and County Coordinator. The Contract Administrator, with the assistance of the Event Coordinator, shall prepare and distribute a list of local emergency groups, agencies and their phone numbers. Clear directions to the nearest hospital are to be included in the Spill plan. 4.9 All terms and conditions of Bid #J-Y-03-282-B11, apply to this section. Section 5 HHW CONTRACTOR RESPONSIBILITIES As Outlined in Bid #J-Y-03-282-B11: 5.1 Contractor shall provide sufficient personnel to fully staff the remote collection Event. The estimated number if staff necessary shall be discussed and coordinated with the HHW Coordinator, seven (7) days prior to the event. Such personnel shall include a field chemists holding a four year degree in chemistry. 5.2 Contractor shall provide and pay for ALL of the necessary equipment and material for setting up and operating the remote collection Event. This includes environmental protection and safety equipment. 5.3 Contractor shall provide hazardous waste categorization, identification, collection, packaging, transportation, disposal and related services for the COUNTY's HHW Collection program in the most cost effective manner. 5.4 All waste shall be removed from the CITY site at the close of the event. HEALTH AND SAFETY 5.5 Contractor's Project Coordinator has the authority to activate the COUNTY's Emergency Plan. Under emergency conditions, Contractor ' Project Coordinator shall support and advise the COUNTY Program Coordinator or designee. 5.5 Contractor's Project Coordinator shall conduct a MANDATORY Safety Briefing at 7:30a.m. prior to each Event. 5.7 All terms and conditions of Bid #J-Y-03-282-B11, apply to this section. 15 Section 6 CITY RESPONSIBILITIES 6.1 The CITY shall appoint an Event Coordinator to be responsible for pre and post event meetings and inspections. This representative shall be available to provide necessary Event coordination with the Broward County HHW Coordinator. The representative shall be identified by CITY at least thirty (30) days prior to the Event to insure the collection procedures conform with the County's Hazardous Waste Disposal Agreement and this Agreement. 6.2 The Event Coordinator shall coordinate with HHW Coordinator Contractor's Project Coordinator to establish site configuration to allow participants to deliver waste materials in a drive through pattern without leaving their vehicle. The traffic layout shall be agreed upon and prepared two (2) weeks prior to the Event. Although, legible instructions and traffic control signs shall be provided by Contractor, the CITY agrees to provide traffic control assistance on the date of the Event. 6.3 CITY shall require that participants provide proof of Broward County residency and record basic information on a survey form provided by the COUNTY. Completed forms shall be forwarded to and retained by the COUNTY and made available to the CITY upon request. 6.4 CITY shall screen participants for business -generated hazardous waste. Any business -generated waste shall not be accepted by CITY, and will be referred to the hazardous waste Contractor for separate attention. 6.5 CITY shall be responsible for staffing the Event for the transition and flow of traffic and data recording. The number of staff necessary for these tasks will depend upon the amount of advertising and the anticipated turnout. 6.6 CITY shall advertise the collection in local newsletters, flyers and any other media deemed appropriate by the Contract Administrator. The COUNTY shall be recognized as co-sponsor on all advertising pursuant to this paragraph. HEALTH AND SAFETY 6.7 CITY acknowledges and agrees that all staff, working the Event MUST attend the MANDATORY SAFETY BRIEFING at 7:30 a.m. prior to the opening of the event. 6.8 All terms and conditions of Bid #J-Y-03-282-B11, apply to this section. 16 AGREEMENT BETWEEN BROWARD COUNTY AND CITY FOR A PROMOTIONAL HOUSEHOLD HAZARDOUS WASTE REMOTE SITE PROGRAM EXHIBIT "B" BROWARD COUNTY BID NO. J-Y-03-282-1311 17 EXHIBIT B BID NO. J-Y-03-282-B1 11URCHASING DIVISION BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY, FLORIDA ADDENDUM#1 DATE OF ADDENDUM: April„9,,2004 TO ALL PROSPECTIVE BIDDERS: PLEASE NOTE THE FOLLOWING CHANGES: Section 17, For clarification purposes, the Performance and Payment Bond must be in the amount of 100% of estimated total amount of the contract for a one year period which is equivalent to the total of Group 1 and is to have a rider continuing the Bond for the entire term of the contract including renewal periods. Attachment "Au Specifications, Section 1.3, 1.3 A. The final sentence in this section states, °... the COUNTY reserves the right to modify the format to increase service and/or better process or serve the community. For clarification purposes, this increase service may include additional sites and/or operational hours. 3. Attachment "A" Specifications, Section 3.0, 3.8 A. COUNTY shall �bed�e�ermne�d to be the " , has been revised to read: regulations) of all materials accepted by the CONTRACTOR at the siteses of s from the Household rida'and Federal s and Hazardous Waste Collection Program. 3.8 B has been revised to read: CONTRACTOR shall assure that materials for which the COUNTY accepts generator status shall be accepted for disposal at the final disposal site(s). 3.8 C remains unchanged. 4. Bid Sheet(s), page(s) 15 thru 19 have been revised and are attached and MUST be completed returned with your Invitation for Bid Form (Bidder Acknowledgment) due Tuesday. April 20, 2004 at 2:00 p.m. Page 17 of 50 now includes a line for the Total (Items 1 thru 38). p d and This addendum MUST be acknowledged on the bid sheet and/or returned with your Invitation for Bid Form, (Bidder Acknowledgment) due Tuesday, April 20, 2004 at 2:00 p.m. All other terms, conditions and specifications remain unchanged for Bid No. J-Y-03-282-B1 NAME OF COMPANY: EQ Florida, Inc. HHW-PB11-2003 WL/LG104091PA04-2004 4112/04 SUBMIT BID TO: 0# Broward County Purchasing Division 1gc 115 S. Andrews Avenue, Room 212 Fort Lauderdale, Florida 33301-1801 (954) 357-6065/66 BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY, FLORIDA INVITATION FOR BID Bidder Acknowledgment — GENERAL CONDITIONS -- THESE INSTRUCTIONS ARE STANDARD FOR ALL CONTRACTS FOR COMMODITIES/SERVICES ISSUED BY THE BOARD OF COUNTY COMMISSIONERS. THE BOARD OF COUNTY COMMISSIONERS MAY DELETE, SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR CONTRACT BY INDICATING SUCH CHANGE IN THE SPECIAL INSTRUCTIONS TO BIDDERS OR IN THE BID SHEETS, BY ACCEPTANCE OF A PURCHASE ORDER ISSUED BY THE COUNTY, BIDDER AGREES THAT THE PROVISIONS INCLUDED WITHIN THIS INVITATION FOR BID SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY STANDARD FORM CONTRACT OF THE BIDDER REGARDLESS OF ANY LANGUAGE IN BIDDER'S CONTRACT TO THE CONTRARY. SEALED BIDS: This form must be executed and submit- ted with all bid sheets in a sealed envelope. (DO NOT INCLUDE MORE THAN• ONE BID PER ENVELOPE). The face of the envelope shall contain the above address, the date and the time of bid opening, and bid number. Bids not submitted on attached bid form may be rejected. All bids are subjected to the conditions specified herein. Those which do not comply with these conditions are subject to rejection. 1. EXECUTION OF BID. Bid must contain an original signa- ture of an individual authorized to bind the bidder. Bid must be typed orprinted in ink. All corrections made by bidderto his bid must also be initialled. The bidder's name should also appear on each page of the bid sheet if required. Bids will not be accepted from firms in arrears to the Board of County Commissioners upon debt or contract nor from a defaulter upon obligations to the Board ofCounty Commis- sioners. Bidder certifies by signing the bid that no princi- pals or corporate officers of his firm were principals or corporate officers in any other firm which may have been suspended ordebarred from doing businesswith Broward County within the last three years, unless so noted in the bid documents. 2. NO BID: If not submitting a bid, respond by returning this Bidder Acknowledgement form, marking it "NO BID", no laterthan the stated bid openingdate and hour, and explain the reason in the space provided. Failure to respond without justification may be cause for removal of the bidder's name from the bid mailing list. NOTE: To qualify as a respondent, bidder must submit a "NO BID." 3. BID WITHDRAWAL: No bidder may withdraw his bid before the expiration of ninety (90) calendar days from the date of bid opening unless vendor so notes in the bid. 4. BID OPENING: Shall be public, on date, location and time specified on the bid form. The official time is the time clock located in the Purchasing Division reception area and will be accepted by all parties without reservation. It is the bidder's responsibility to assure that his bid is delivered on date, location and time specified on the bid form. Bids, which for any reason are not so delivered, will not be considered. Bid files and any bids after they are opened maybe examined during normal working hours by appoint- ment. Bid tabulations are available for inspection upon request. (Continued on Page 2) BIDS WILL BE OPENED 2 P.M. APRIL 20, 2004 and may not be withdrawn wilttin 90 calendar days after such date and time. BID TITLE HOUSEHOLD HAZARDOUS WASTE COLL & DISP SVCS BID NO, JY0328281 PURCHASING AGENT WENDY LORENZO (954) 357-6083 DELIVERY DATE April 20, 2004 CASH DISCOUNT TERMS BID GUARANTY IS ATTACHED, WHEN REQUIRED. IN THE AMOUNT OF t REASON FOR NO BID 5% of bid total FEDERAL EMPLOYER I.D. or SOCIAL SECURITY NUMBER 20-0414157 DUN & BRADSTREET NUMBER 09-372-9114 BIDDER NAME EQ Florida, Inc. BIDDER MAILING ADDRESS/CITY/STATFJZIP 7202 East 8th Avenue Tampa, FL 33619 AREA CODE TELEPHONE (800) 624--5302 FAX NO. (813) 628-0842 AUTHORIZED Robert Mulholland CONTACT PERSON Curt: DeBrunner INTERNET ADDRESS Curt.debrunner@egonline. TURF: (original in General Manager TYPED NAME OF SIGNER I CMify that this bid is made without prior understanding, agreement, or connection with any corporbon, firm or person submitting a bid for the Same aemsnerviees, and it In all respeas fair and without a lusiD a baud I agree to abide by ad conditions of this bid and cert4 that t am authorized td sign this bid for the bidder. Fuller by signature of this fort pages 1 through 4 are acknowledged and accepted as wea as arty spec al mshuction lsM ens) if appdcabfe. � ldlo3-zit (Rev, 3/99) Page 1 of 4 (c) The proper precautions, handling practices, necessary Personal protective equipment, and other safety pre- cautions in the use of or exposure to the toxic sub- stances, including appropriate emergency treatment in case of overexposure. (d) The emergency procedure for spills, fire, disposal, and first aid. (e) A description inlay terms of the known specific poten- tial health risks posed by the toxic substance intended to alert any person reading this information. (f) The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. 10. MANUFACTURERS NAME AND APPROVED EQUIVA- LENTS: Manufacturer's names, trade names, brand names, information and/or catalog numbers listed in a specification are for information and establishment of quality level de- sired and are not intended to limit competition unless other- wise specified in the bid. The bidder may offer any brand which meets or exceeds the specifications for any item(s). If bids are based on equivalent products, indicate on the bid form the manufacturer's name and catalog number. Bidder shall submit with his bid complete descriptive literature and/ or specifications. The biddershould also explain in detail the reason(s) why and submit proof that the proposed equiva- lent will meet the specifications and not be considered an exception thereto. Broward County Board of County Com- missioners reserves the right to be the solejudge of what is equal and acceptable. Bids which do not comply with these requirements are subject to rejection. If Bidder fails to name a substitute it will be assumed that he is bidding on, and he will be required to furnish goods identical to bid standard. 11. INTERPRETATIONS: Any questions concerning condi- tions and specifications of this bid shall be directed in writing to the Purchasing Division a minimum of 24 hours prior to bid opening. No interpretation(s) shall be considered bind- ing unless provided to all Bidders in writing by the Director 1 of the Purchasing Division. 12. AWARDS: If a specific basis of award is not established in the special instructions to bidders, the award shall be to the responsible bidder with the lowest responsive bid meeting the written specifications. As the best inter- est of the Board of County Commissioners may require, the right is reserved to make award(s) by individual commodi- ties/services, group of commodities/services. all or none or any combination thereof. When a group is specified, all items within the group must be bid. A bidder desiring to bid "No Charge" on an item in a group must so indicate, otherwise the bid for the group will be construed as incom- plete and may be rejected. However, if bidders do not bid all items within a group, the County reserves the right to award an an item by item basis. When a group bid is indicated for variable quantities and the bid furhhe group shows evidence of unbalanced bid prices, such bid may be rejected. The Purchasing Director, or the Board of County Commission- ers, whichever is applicable reserves the right to waive technicalities and irregularities and to reject any or all bids. Vendor at his expense and redelivered at his expense. Rejected goods left longer than thirty (30) days will be regarded as abandoned and the Board shall have the right to dispose of them as its own property. On foodstuffs and drugs, no written notice or rejection need be given. Upon verbal notice to do so, the Vendor shall immediately remove and replace such rejected merchandise at his expense. Rejection for non-conformance, failure to provide services conforming to specifications, or failure to meet delivery schedules may result in contractor being found in default. 14. INSPECTION, ACCEPTANCE AND TITLE: Inspection and acceptance will be at destination. Title and risk of loss or damage to all items shall be the responsibility of the contrac- tor until accepted by the County. 15. GOVERNMENTAL RESTRICTIONS: In the event any gov- ernmental restrictions may be imposed which would necessi- tate alteration of the material quality, workmanship or perfor- mance of the items offered on this bid prior to their delivery, it shall be the responsibility of the successful bidder to notify the County at once, indicating in his letter the specific regulation which required an alteration. The Board of County Commis- sioners reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel the contract at no further expense to the County. 16. LEGAL REQUIREMENTS: Applicable provisions of all Fed- eral, State, Countyand local laws, and of all ordinance, rules and regulations including the Procurement Code of Broward County shall govern development, submittal and evaluation of bids received in response hereto and shall govern any and all claims and disputes which may arise between person(s) submitting a bid in response hereto and Broward County by and through its officers, employees and autho- rized representative, or any other person natural or other- wise. Lack of knowledge by any bidder shall not constitute a recognizable defense against the legal effect thereof. PATENTS AND ROYALTIES: The bidder, without excep- tion, shall indemnify and save harmless the County and its employees from liabilityof any nature or kind, including cost and expenses for or on account of any copyrighted, pat- ented or unpatented invention, process, or article manufac- tured or used in the performance of the contract, including its use by the County. If the bidder uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood without exception that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 18, ASSIGNMENT, SUBCONTRACT: Contractor shall not transfer, convey, pledge, subcontract or assign the perfor- mance required by this bid without the prior written consent of the Purchasing Director. Any Award issued pursuant to this bid invitation and the monies which may become due hereunder are not assignable, transferrable, or otherwise disposable except with the prior written consent of the Purchasing Director. 13. NON-CONFORMANCE TO CONTRACT CONDITIONS: TheCountymaywithholdacceptanceof,or FICATIONS 19 from fiirms normallyOFOd in providing will thconsidered typsf=n- reject any items which are found, upon examination, not to meet the speci- fication requirements. Upon written notification modities/servicessecifiedherein The PurchasinggDirecto�ror the Board of County Commissioners, reserves the tight to of rejection, items shall be removed within five (5) calendar days by the inspect the facilities, equipment. personneland organizationor to take any other action necessary to determine ability to Page 3 of 4 Pages perform in accordance with specifications, terms and condi- tions. The Purchasing Director or the Board of CountyCommis- sioners will determine whether the evidence of ability to per- form is satisfactory and reserves the right to reject bids where evidence or evaluation is determined to indicate inability to perform. The Purchasing Director or the Board of County Commissioners reserves the right to consider a bidder's history of citations and/or violations of Environmental regulations in determining responsibility. Bidder should submit with his pro- posal a complete historyofall citations and/orviolations notices and dispositions thereof. Failure of a Bidder to submit such information may be grounds for termination of any contract awarded to successful Bidder. Bidder shall notify County immediately of notice of any citations or violations which he may receive after the Bid or Proposal opening date and during the time of performance under any Contract awarded to him. 20. EQUAL EMPLOYMENTOPPORTUNITY: No Contractorshall discriminate against any employee or applicant for employ- ment because of race, religion, color, sex or National origin, or Physical or mental handicap if qualified. Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during their employment without regard to their race, religion, color, sex or National origin, or Physical or mental handicap. Such actions shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation: and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places available to employees and applicants for employment, notices setting forth the provi- sions of this non-discrimination clause. The Contractor further agrees that he/she will ensure that Subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. dar days after such aggrieved person knows or should have known the facts giving rise thereto. Any actual orprospective bidder orofferwhois aggrieved in connection with the solicitation or proposed award of a contract which is less than $100,0o0 may protest to the Director of Purchasing. The protest shall be submitted in writing within three working days from the time the recommendation for award is made by a Purchasing Agent to the Director of Purchasing. 24. PUBLIC ENTITY CRIMES ACT: In accordance with the Public Entity Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other Provider who has been placed on the convicted vendor list following a conviction of a Public Entity Crime may not submit a bid an a contract to provide any goods or services to the County, may not submit a bid on a contract with the County for the construction or repair of a public building or public work, may not submit bids on leases of real property to the County, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the County, and may not transact any business with the County in excess of the threshold amount (currently $15.000) provided in Section 287.017. Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section shall result in cancellation of the County purchase and may result in debarment. 25. 21. NOTICE TO SELLER TO DELIVER: No delivery shall become due or be acceptable without a written order or shipping instruction by the County, unless otherwise pro- vided in the Contract. Such order will ceritain the quantity, time of delivery and other pertinent data. However, on items urgently required, the Seller may be given telephone notice, to be confirmed by an order in writing. 26 22. MODIFICATIONS: All changes to purchase orders shall be by issuance of a change order. Any modifications or changes to any contract entered into as a result of this bid must be by written amendment with the same formality and of equal dignity prior to the initiation of any such change. 23. RESOLVE PROTESTED SOLICITATIONS AND PRO- POSED AWARDS: In accordance with the Broward County Procurement Code Sec. 21,118. relative to "Pre -Litigation Protested Solicitations and Proposed Awards": a. Right to Protest. Any actual or prospective bidder or offeror who is aggrieved in connection with the solicita- tion or proposed award of a contract which is $100,000 or greatermay protest to the Director of Purchasing. The protest shall be submitted in writing within seven calen- RECYCLED CONTENT INFORMATION: In support of the Florida waste Management Law, bidders are encouraged to supply with their bid, any information available regarding recycled material content in the products bid. The County is particularly interested in the type of recycled material used (such as paper, plastic, glass, metal, etc.), and the percent- age of recycled material contained in the product. The County also requests information regarding any known or Potential material content in the product that may be ex- tracted and recycled after the product has served its in- tended purpose. PURCHASE BY OTHER GOVERNMENTAL AGENCIES: Each Governmental unit which avails itself of this contract will establish its own contract, place its own orders, issue its own purchase orders, be invoiced therefrom and make its own payments and issue its own exemption certificates as required by the bidder. It is understood and agreed that Broward County is not a legally binding party to any contractual agreement made between any governmental unit and the bidder as a result of this bid. The entire chapter of the Broward County Procurement Code describing the aforementioned subject matter can be obtained from the Purchasing Division's Secretary by calling (954) 357- 6071. You may also view and/or download the Procurement Cade Notices for Bids. Requests for Quotation, Request for Letters of Interest, structure of the Purchasing Division, telephone direc- tory, How to do Business with Broward County and Vendor Registration on the internet at: http://Www.co.broward-fl-us/purchasing.htm Page 4 of 4 Pages PREVIOUS CONTRACT NO. J-3-00 071-B2 BID NO. J-Y-03.282-B1 PURCHASING DIVISION BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY, FLORIDA •+�+��nv�-u tigzgADOUS WASTE COLLECTION AND DISPOSAL SERVICES Bids are hereby invited on an open-end basis for Household Hazardous Waste Collection and Dis os Services for the Office of Integrated Waste Management Division. p al The initial Contract period shall start on date of award, or June 27, 2004, whichever is later and shall terminate -two (2) years from that date. The Contractor will complete delivery and the County will rec i delivery on any orders mailed to the contractor prior to the date of expiration. eve All prices, terms and conditions shall remain fixed for the initial period of the contract. In additicn, all Prices, terms and conditions shall remain fixed for the renewal period of the contract. The Purchasing Director may renew this contract two (2) one year periods subject to v edor acceptance, satisfactory performance and determination that renewal will be in the best interest of the County. Notification of Intent to Renew will be mailed sixty ( expiration 60) calendar days in advance of ex date of this contract. p In the event services are scheduled to end because of the expiration of this contract, the Contractor Shall continue the service upon the request of the Purchasing Director. The extension period shall not extend for more than ninety (90) days beyond the expiration date of the existing contract. The Contractor shall be compensated for the service at the rate in effect when this extension clause invoked by the County. se is No guarantee is expressed or implied as to the total quantity of commodities/services to be Purchased under any open end contract. Estimated quantities will be used for bid comparison purposes onl . The Board of County Commissioners reserves the right to: issue purchase orders as and when req ui ed issue a blanket purchase order for individual agencies and release partial quantities or, issueor, instructions for use of Direct Purchase Orders by various County agencies, make random, open market Purchases for any or all of the item(s) on any open end contract or, any combination of the preceding. No delivery shall become due or be acceptable without a written order by the County, unless otherwise provided for in the contract. Such order will contain the quantity, time of delivery and other pertinent s data. However, on items urgently required, the seller may be given telephone notice, to be confirms by an order in writing. d HHW-P811-2003 3/18104 Page 1 of So PREVIOUS CONTRACT NO. J-3-00 071-82 BID NO. J-Y-03-282-B1 SPECIAL INSTRUCTIONS TO BIDDERS (Continued) 2• AWARD CRITERIA: 2.1 If a specific basis of award is not established in the Invitation for Bid, the award shall be to the responsible bidder with the lowest responsive bid meeting the written specifications. 2.2 THIS IS A GROUP AWARD. ALL ITEMS MUST BE BID IN THE GROUP IN ORDER TO BE RESPONSIVE. IF THERE IS A "NO CHARGE" FOR AN ITEM$ INDICATE "N/C,,• 3• EXPERIENCE: 3.1 CONTRACTOR should have a minimum of three (3) years acceptable experience in Household Hazardous Waste Collection events. CONTRACTOR shall describe experience and furnish verifiable references with contacts, title, telephone numbers and mailing addresses. 3.2 Contractor shall furnish references from a minimum of three Florida Counties, with a total Population of at least 100,000 each whom with the contractor has acceptably contracted for at least one year within the past five years. These contracts shall have been Household Hazardous Waste contracts and references shall be provided to demonstrate acceptable performance. Contractor shall furnish a list of references contacts and titles, telephone numbers, name of County, mailing address. 3.3 CONTRACTOR shall have a three (3) year average annual tangible net worth of two 2 Million dollars ($2,000,000.00), O n 3.4 CONTRACTOR should complete reference form (Attachment "B"). 3.5 CONTRACTOR must have and maintain during the length of the contract ter m at least one Operational, Resource, Conservation Recovery Act (RCRA) Permitted Treatment Storage or Disposal (TSD) or TSD --� like Facility in Florida. 9 4• OTHER SPECIAL CRITERIA: 4.1 Any and all subcontractors shall be identified as part of the Bid Submittal, along with their No other subcontractor shall be used that is not submitted with this Bid.. scope. 4.1.1 The CONTRACTOR shall be, at the time of bid submittal licensed to copect, recycle and store hazardous waste. The CONTRACTOR and any or all Subcontractors shall be, at the time of bid submittal, and during the contract period, licensed to transport and dispose of hazardous waste. The CONTRACTOR shall submit the CONTRACTOR'S any or all Subcontractor's, Environmental Protection Agency (EPA) ID number and proof of the Department of Planning & Environmental Protection Hazardous Waste Transporter Registration. HHW-pg11-2003 WaM4 r p39e 2 of 50 PREVIOUS CONTRACT NO. J-3-00 071-62 BID NO, J-Y-03-282-81 SPECIAL INSTRUCTIONS TO BIDDERS (Continued) HOUSEHOLD HAZARDOUS WASTE CLLECTION ND ODISPOSAL SERVICES 4. OTHER SPECIAL CRITERIA: (Continued) 4.1.2 CONTRACTOR shall have the ability to manage Household Hazardous Waste events in the cooperative approach with BROWARD COUNTY'S staff. 4.1.3 CONTRACTOR shall provide Certificate of Disposal for all hazardous waste collected. 4.2 Abilily to Maintain a Professional Image Demonstrate the ability to maintain a professional image. Clean, well maintained equipment operated by uniformed CONTRACTOR employees is expected to provide service to the COUNTY. All employees working on COUNTY sites are expected to wear proper personal protective equipment, especially when handling any chemicals. 5• SPECIFICATIONS AND REQUIREMENTS: The specifications, requirements and services to be provided are stated in Attachment °A° attached hereto and made a part hereof. 6. FURTHER INFORMATION: 6.1 Bidders requiring additional information regarding any of the bid terms, conditions or administrative requirements should contact Wendy Lorenzo, Purchasing Agent at (954) 357-6083. 6.2 Bidders requiring technical clarifications should contact Joel King, Household Hazardous Waste Program Manager at (954) 960-3023. No change(s) and no interpretation(s) shall be considered binding unless provided to all bidders in writing by the Director of the Purchasing Division. 7• SPECIAL NOTICE: In accordance with OSHA Regulation 29 CFR 1926.1101(k) (2), bidders are notified of the presence of asbestos containing material and/or presumed asbestos containing material at some Broward County locations, For a listing of those locations, refer to www.broward.org/purchasing/bidstasbestos,pdf. You may request a copy of subject location listing by calling (954) 357-6066. 6• PRE -BID CONFERENCE: Attendance at the pre -bid conference is optional. This information session presents an opportunity for bidders to clarify any concerns regarding the bid requirements. The bidder is cautioned"that, although because of the failure of the bidder(s) to have attended the conferencthe Pre -Bid Conference is optional, no modification or any changes will be allowed in the pricing e. HHW-PS11-2003 3/18/04 Page 3 of SO PREVIOUS CONTRACT NO. J-3-00 071-62 BID NO. J-Y-03-282-B1 SPECIAL INSTRUCTIONS TO BIDDERS (Continued) HOUSEHOLD HAZARDOUS WASTE COLLECTION AND DISPOSAL SERVICES 8. PRE -BID CONFERENCE: (Continued) Job site visitation is strongly recommended; submission of a bid will be construed that the bidder is acquainted sufficiently with the work to be performed. Pre -Bid Conference Date: April 7, 2004 Time: 11:00 AM Location: North Trash Transfer Station 2780 North Powerline Road Pom ono Beach FL 33064 Take the Florida Turnpike to Sample Road East to Powerline Road South,1/2 Block. If you require any auxiliary aids for communication, please call 357-6065 so that arrangements can be made in advance. gernents 10. DELIVERY: See Attachment "A", Specifications. 11. INSURANCE RE UIREMENTS: (SAMPLE INSURANCE CERTIFICATE ATTACHED Attach The Insurance Requirements contained in this Bid represent the minimal Protection (neces ary for „the County as determined by the Risk Management Division. Further modifications of the requirements may be made at the sole discretion of the Risk Management Division if circumstances change or adequate Protection of the County is presented. No award will be recommended until a written determination is made by Risk Management Division that the County is adequately protected. The low bidder shall be required to provide proper insurance to the Purchasing Division prior to award by the Purchasing Director or recommendation of award to the Board of County Commissioners, whichever is applicable. Without limiting any of the other obligations or liabilities of CONTRACTOR, CONTRACTOR shall Provide, pay for, and maintain in force until all of its work to be performed under this Contract has been completed and accepted by the COUNTY (or for such duration as is otherwise specified hereinafter), the insurance coverages set forth in this Section. 11.1 Workers' Compensation Insurance to apply for all employees in compliance with the "Workers Compensation Law" of the State of Florida and all applicable Federal laws. In addition, the policy(s) must include: 11.1.1 Employers' Liability with minimum limits of One Hundred Thous t).000. ($O00) each accident. and Dollars HHW.pal l-2003 3A UD4 r Page 4 of 5o PREVIOUS CONTRACT NO. 1.3-00 Q71-B2 BID NO. J-Y-03-282-B1 SPECIAL INSTRUCTIONS TQ BIDDERS (Continued) 11. INSURANCE REQUIREMENTS: (Continued) Notice of Cancellation and/or Restriction -- The policy(s) must be endorsed to Provide Broward County with thir 30 days notice of cancellation and/or restriction. HHW-PB11-2003 311 VO4 12.1.3 If any operations are to be undertaken on or about navigable waters, coverage must be included for the U.S. Longshoremen and Harbor Workers Act and Jones Act. 11.2 Comprehensive General Liability with minimum limits of Five Hundred Thousand Dollars ($SOD____ 000 0 per occurrence combined single limit for Damage Bodily Injury Liability and Property ge Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, asfiled by the Insurance Services Office and must include: 11.2.1 Premises and/or Operations. 11.2.2 Independent Contractors, 11.2.3 Products and/or Completed Operations, 11.2.4 Explosion, Collapse -and Underground Coverages. 11.2.5 Broad Form Property Damage 11.2.6 Broad Form Contractual Coverage applicable to this C specific any hold harmless and/or indemnification agreement. p ontract, including 11.2.7 Personal Injury Coverage with Employee and Contractual Exclusions removed with minimum limits of coverage equal to those/required for Bodily Injury Liabilli and Property Damage Liability. tY 11.2.8 COUNTY is to be included as an °Additional Insured" in the name of °Broward County Board of Commissioners" with respect to liability arising out of operations Performed for COUNTY in connection with general supervision of such operation. 11.2.9 Notice of Cancellation and/or Restriction -- The policy(s) must he endorsed to Provide Broward County with WV (30) days notice of cancellation and/or restriction. Page 5 of 50 PREVIOUS CONTRACT NO. J-3-00 071-82 BID NO. -Y-0 I_2s2-B1 SPECIAL INSTRU TIONS TO BIDDERS (Continued) - - • vr.J 1. INSURANCE REQUIREMENTS: (Continued) 11.3 Business Automobile Liability with minimum limits of Five Hundred Thousand Dollars ($500�0) per occurrence combined single limit for Bodily Injury Liability and Property policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: 11.3.1 Owned Vehicles. 11.3.2 Hired and Non -Owned Vehicles. 11.3.3 Notice of Cancellation and/or Restriction -- The policy(s) must be endorsed Provide Broward County with the 30 days notice of cancellation and/or to restrictions. 11.4 The CONTRACTOR shall provide to the COUNTY Certificates of Insurance evidencing insurance coverage specified in 11.1, 11.2, and 11.3 above. The Contractor should provide these Certificates within fifteen (15) days after request by the Purchasing Agent. The required Certificates of Insurance shall not only name the q specifically to this Contract and section and the above paragraphs in accordance Proved but aI so s as all refer by such paragraphs of this Contract. If the initial insurance expires prior to the completion of t required work, renewal Certificates of Insurance shall be furnished thirty he their expiration. rtY (3Q) days prior to the date of 11.5 Certificates of insurance shall be provided as specified in sub -section 12.4 above unless an these coverages are, for just cause, inapplicable, and upon specific request by the vendor ar of excepted by written determination of risk management and approved by the purchasing director. If an exception is requested, the bidder should indicate in the appropriate area on the bid s any such request including reason(s) thereto for exemption from insurance requirements heet specified in this section of this invitation for bid/quotation request. q ants as 11.6 Certificates of insurance shall be provided as specified in section 12.4 listing Remote Event Partners as additionally insured in the name of the participating Public Agency or P action Company for work conducted at Remote Collection Event Partner Sites. rivate NNW-PB11-2003 r 3n8104 Page 6 of so PREVIOUS CONTRACT NO. J-3-00 071-B2 BID NO. J-Y-o3-282-B1 SPECIAL INSTRUCTIONS TO BIDDERS (Continued) 12. INDEMNIFICATION: The CONTRACTOR shall indemnify and save harmless the COUNTY and Remote Collection Event Partners, its officers, agents and employees, from or on account of any injuries or damages, receiv sustained by any person or persons during or on account of any operations connected with h the ed or completion of this Project; or by or in consequence of any negligence (excluding negligence of COUNTY and Remote Collection Event Partners), in connection with the same; or by use of an improper materials or by or on account of any act or omission of the said Contractor or their y Subcontractor, Agents, Servants or Employees. Contractor agrees to indemnify and save harmless the COUNTY and Remote Collection Event Partners against any claims or liability arising from or basedupon the violation of any federal, state, county or city laws, by-laws, ordinances or regulations by the CONTRACTOR. The CONTRACTOR, and Remote Collection Event Partners agrees to indemnify save harmless the COUNTY from all such claims and fees, and from any and all suits and acti ands o every name and description that may be brought against COUNTY and Remote Collection Event f Partners on account of any claims, fees, royalties, or costs for any invention or patent, and from all suits and actions that may be brought against COUNTY and Remote Collection Event Partners ny f and the infringement of any and all patents or patent rights claimed bor Y any person, firm, or corporation. The indemnification provided above shall obligate the CONTRACTOR to defend at their own ex or to provide for such defense, at the COUNTY'S option, any and all claims of liability, and all suits and may res actions of every name and description that may be brought against the COUNTY whichpense the operations and activities under this Contract whether the operations be erform ult from CONTRACTOR, their subcontractor or by anyone directly or indirectly employed by ei herthe 13. PA� yam: Payment will be made by the County after commodities/services have been received, accepted Properly invoiced as indicated in the contract and/or order. Invoices must state the purchase order number. 16. BID GUARANTY; All Bids shall be accompanied by either a Bid bond executed by a surety company meeting the qualifications for surety companies, or by cash, money order, certified check, cashier's check, irrevocable letter of credit, (Attachment "C") treasurer's check or bank draft of any national or in an amount equal to five percent (5%) of the price, payable to the Board of County Commissioners and conditioned upon executing the Contract and providing the Performance state bank, Within approximately fifteen (15) days after notification of intent to award of Contract. A eersonal the r a item an check shall not be deemed a v lid bid uaran . Guaranty of the successful bidder be forfeited to the Board of County Commissioners not as a penalty, but as liquidated �~ check and expense incurred should said bidder fail to provide the required Performance and Payment Guaranty or fail to comply with any other requirements set f q dated damages for the cost will be returned after award of Contract. forth herein. Guaranties of the unsuccessful HHW-PB11-2003 3l1 M4 Page 7 of so PREVIOUS CONTRACT NO. J-3-00 071-82 BID NO. J-Y-43-282-81 SPECIAL. INSTRUCTIONS TO BIDDERS (Continued) HOUSEHOLD HAZARDOUS WASTE COLLECTION AND DISPOSAL SERVICES 17. PERFORMANCE AND PAYMENT GUARANTY: a. Within ten (10) days after notification of award, the successful Bidder shall furnish a Performance and Payment Bond attached hereto as Attachment "D". b. The Contractor is required at all times to have a valid Performance and Payment Guaranty in force covering the work being performed. Bond must be in the amount of 100% of total amount of contract guaranteeing the County the satisfactory performance of the work covered in such Contract as well as full payment of all suppliers, material men, laborers or subcontractors employed in the prosecution of the work. C. The Contractor agrees to keep such Guarantee(s) or a replacement thereof, in force at all time during the period of the contract. d. In lieu of the bond required by this section, contractor may furnish an alternate form of security which shall be in the form of cash, money order, certified check, cashiers check or irrevocable letter of credit of the form and containing all provisions of the Irrevocable Letter of Credit attached hereto as Attachment "E". Such alternate forms of security shall be for the same purpose and shall be subject to the same conditions as those applicable to the bond required by this section. A determination of the value of such alternative forms of security shall be made by the County. 18. QUALIFICATIONS OF SURETY: The Bid Bond and Performance and Payment Bond must be executed by a surety company of recognized standing, authorized to do business in the State of Florida as surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five years. In addition to the above -minimum qualifications, the surety company must meet at least one of the following additional qualifications: A) The surety company shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with the United States Department of Treasury Circular 570, Current Revisions. If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the surety company shall not exceed the underwriting limitation in the circular, and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR Section 223.10 Section 223.111). Further, the surety company shall provide the County with evidence satisfactory to the County, that such excess risk has been protected in an acceptable manner. HHW-PS11.2003 3P M4 Page a of 5o PREVIOUS CONTRACT NO. J-3-00 071-152 BID N0. J-Y-03-282-87 SPECIAL INSTR'TIONS TO BIDDERS (Continued) 18. QUALIFICATIONS OF SURETY: (Continued) B. 1) The County will accept a surety bond from a company with a rating of B+ or better for bonds up to $2 million, provided, however, that if any surety company appears on the watch list that is Published quarterly by Intercom of the Office of the Florida Insurance Commissioner, the County shall review and either accept or reject the surety company based on the financial information available to the County. A surety company that is rejected by the County may be substituted by the bidder or proposer with a surety company acceptable to the County, only if the bid amount does not increase. B.2) The surety company shall have at least the following minimum ratings: Amount of Bond Policyholder's Financial Rat! n s Sixe Cate o 500,001to 1,000,000 B+ Class I 11000,001 to 2,000,000 B+ 2,000,001 to 5,000,000 A Class II 5,000,001 to 10,000,000 A Class III 10,000,001 to 25,0A0,Q00 A Class IV 25,000,001 to 50,000,000 A Class V 50,000,001 or more Class VI A Class Vit C) For projects which do not exceed $500,000.00 the County shall accept a Bid Bond and Performance and Payment Bond from a surety company which has twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation bid is issued, if the surety company is otherwise in compliance with the provisions of the Florida Insurance Code, and if the surety company holds a currently valid Certificate of Authority issued by the United States Department of the Treasury under Section 9304 to 9308 of Title 31 of the United States Code. Attachment "F") however, that if the surety company appears on the D) The County will accept a surety bond from a company with a rating of B+ or better; provided, 'Watch List' that is published quarter) b 'Focus' of the Office of the Florida Insurance Commissioner, the County shall review and either accept or reject the surety company based on the financial information available -to the County. A surety company that is rejected by the County may be substituted by the bidder or proposer with a surety company acceptable to the County only if the bid amount does not increase. NNW-PB11-2003 3118/04 Page 9 of 50 PREVIOUS CONTRACT NO. 1-3-oQ o71-B2 BID NO. J-Y-o3-2s2-B1 SPECIAL INSTRUCTIONS TO BIDDERS (Continued) - --_��••,,••• •,�•u u1aruSA�. SERVICES 19. PREFERENCES: No contractor shall receive more than one county -authorized preference for the same procurement. If a contractor is eligible for more than one County -authorized bid preference for a particular procurement the contractor shall be eligible to receive only the bid preference that is most favorable to the contractor. A. DOMESTIC PARTNER CLAUSE: (Attachment "H°) domestic artners. (Reference Ordinance No. 1999-03, as amendflonaiscriminated) of benefits far In accordance with Broward County Code, Chapter 16 1/2, section 16 1/2-157 and the Broward County Administrative Code, Subsections 21.31-a.,6.,7.,8., the Broward County Board of County Commissioners reserves the right to apply a preference in the award of a contract to those Contractors providing for nondiscrimination of benefits for domestic partners. This preference may be applied to all awards of $200,000 per annum or more. The determination to apply this preference shall be made by the Board of County Commissioners. To be eligible for the domestic partnership preference, a contractor's program eligibility must be substantially equivalent to those established in Section 161/2-153 (b), Broward Count Code. A contractor will be deemed ineligible for the domestic partnership preference if its benefits program discriminates against employees in violation of the Broward County Human Rights Act. B• LOCAL PREFERENCE CLAUSE: In accordance with Sections 1-74 through 1-80 of Broward County Ordinance No. 2002-19 the Broward County Board of County Commissioners provides a local preference. This preference includes any county with which the Broward County Board of County Commissioners has ' entered into an inter -local agreement of reciprocity. An apparent low bidder outside the Preference area and a local bidder whose submittal is within 5% of the apparent low bid will be given the opportunity to submit a best and final offer. Award will then be to the low responsive responsible bid. NNW-PB11.20Q3 311 a104 Local business means the vendor has a valid occupational license issued by the county within which the vendor conducts their business at least one year prior to bid or proposal opening, that authorizes the business to provide the goods, services or construction to be purchased and a Physical address located within the limits of said county, in an area zoned for the conduct of such business, from which the vendor operates or performs business on a day-to-day basis that is a substantial component of the goods or services being offered. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing a physical address. Page 10 of 5a PREVIOUS CONTRACT N0. J-3-00 071-82 BID NO. 1-Y-03.282-B1 SPECIAL INSTRUCTIONS TQ BIDDERS (Continued) "�- OUSEHOLD HAZARDOUS WASTE COLLECTION AND DISPOSAL SERVICES 20. DRUG -FREE WORKPLACE CERTIFICATION: Broward County Procurement Code Chapter 21.31.a. requires awards of competitive sealed bids and sealed proposals requiring Board Award be made only to firms certifying the establishment of a drug free workplace. The Drug Free Workplace Certification (Attachment "G') must be furnished to this office prior to an award being made. Failure to provide this certification will render your office unqualified and ineligible for award. 21. PUBLIC ENTITY CRIMES ACT (AMENDED): With reference to Paragraph 24 of Invitation to Bid, eliminate the reference to $15,000 in excess of threshold amount provided in Section 287.017, Florida Statutes. Category two threshold dollar amount at the time of bid opening shall apply. 22. NON -COLLUSION STATEMENT: By signing this offer, the vendor certifies that this offer is made independently and free from collusion. Vendor shall disclose below, to their best knowledge, any Broward County officer or employee, or any relative of any such officer or employee as defined in Section 112.3135 (1) (c), Fla. Stat. (1989), who is an officer or director of, or has a material interest in, the vendor's ositi influence this procurement. Any Broward County officer or employee bus'who has an inpuness, who is in a t into to to of specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or any writing other activity pertinent to this procurement is presumed, for purposes hereof, to be in a position to influence this procurement. For purposes hereof, a person has a material interest if they directly or indirectly own more than 5 percent of the total assets or capital stock of any business entity, or if they otheriMse stand to personally gain if the contract is awarded to this vendor. Failure of a vendor to disclose any relationship described herein shall be reason for debarment in accordance with the provisions of the Broward County Procurement Code. NAME RELATIONSHIPS In the event the vendor does not indicate any names, the County shall interpret this to mean that the vendor has indicated that no such relationships exist. HHw-PB11-2003 snaroa Page 11 of so PREVIOUS CONTRACT NO. J-3-00-071432 BID NO. J-Y-03-282-B1 Addendum #1 April 9, 2004 BID SHEET HOUSEHOLD HAZARDOUS WASTE COLLECTION AND DISPOSAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY, FLORIDA All blanks have been filled in, BID SHEET is attached to the completed "Invitation For Bid" and returned herewith. In accordance with all terms, conditions, specifications and requirements, the bidder offers the following: GROUP 1 (ITEMS 1 THRU 38) ESTIMATED ITEM ANNUAL COMMODITY CODE NO. QUANTITY DESCRIPTION UNIT TOTAL PRICE PRICE Mobilization Char es — Remote Collection Events Mobilization for Remote Collection Events only. Does not apply to fixed facility drum pickups, mobilization of contract labor and supply deliveries. 1 #925 31 003 0001 9 Ea. Mobilization Charge One Day Remote Event Includes All Staff, Supplies And Equipment Costs. $ 1, 0� 00.00 /Ea. $ 9, 000.00 #925 31 003 0004 2 9 Ea. Mobilization Charge for Two Day Remote Event Includes All Staff, Supplies and Equipment Costs. $ 500.00 /Ea. $ 4,500.00 NAME OF COMPANY: HHW-PB11-2003 4/12/04 E4 Florida, Inc. Revised Page 12 of 50 PREVIOUS CONTRACT NO. J-3-00-071-132 BID NO. J-Y-03-282-B1, Addendum #1 April 9, 2004 BID SHEET (CONTINUED) HOUSEHOLD HAZARDOUS WASTE COLLECTION AND DISPOSAL SERVICES GROUP 1 (ITEMS 1 THRU 38) (Continued) ESTIMATED ITEM ANNUAL NO. QUANTITY COMMODITY CODE DESCRIPTION UNIT TOTAL PRICE PRICE Contract Labor -- Fixed Facility Collections and Remote Collection Events Hourly rates based for contract personnel on site during operating mobilization and travel time to Remote hours. Does not include Collection Events and/or Fixed Facilities. 3. 2,900 Mrs. #925 31 004 0002 Per Hour Rate — Regular (Up to 8 Hours Per Day) $ 3030.00 /Hr. $ 87,000.00 4. 200 Hrs. #925 31 004 0003 Per Hour Rate — Overtime (Over 8 Hours Per Day) $ 1.00 /Hr $ 0.00 Su lies — Includin Delive 5 #10016 0010001 100 Ea. Type 5-Gallon Bucket UN1H2/Y24 $10.00 /Ea $1,000.00 6. #100 29 0010030 30 Ea. 30-Gallon Drum UN1H2/Y180 $13.00 --�� /Ea $ 390.00 7 20 Ea. #100 29 0010045 Cubic Yard Box With Liner UN11HH2/X1905 $ 90.00 - /Ea $1,800.00 8 #100 29 001 0055 800 Ea. 55-Gallon Drum UN1A2/Y1.2, UN1AIIN1.2, UN1H1/Y1.8 $13.00 .`/Ea. $10,400.00 NAME OF COMPANY; EQ Florida, Inc. HH W-PB 11-2003 4/12104 Revised Page 13 of so j PREVIOUS CONTRACT NO.071-B2 BID--D SHEET (CONTINUED) RDOUS WASTE C GROUP 1 (ITEMS 1 THRU 38) (Continued) ESTIMATED ITEM ANNUAL NO. COMMODITY CODE QUANTITY DESCRIPTION 5u lies - Includin Deliver (Continued) 9 #100 29 002 0001 3 Ea. 85-Gallon Poly -Over Pack Drum UN 1 H2/Y295 10. #100 29 004 0010 15 Ea. 10 Ft./150# Net Fiber Drum U N 1 G2/Y46 #01 131D NO.J-Y-03-282-B1 Addendum #1 April 9, 2004 UNIT PRICE $100. 00 /Ea $ 43.=_00 /Ea - TOTAL PRICE $ 300.00 $ 645.00 11. 100 Ea. 0 57 390 0100 Vermiculite (Per 16 Lb. Bag) $ 7.00 Waste Dis osal� Ea. $ 700.00 Rates based on net material weight (gross package weight minus standard container weights bas container type). Includes transportation and disposal (Prepackaged) 9 ed on LI UID DRUMMED BULK 12. EXCLUDING CONTAINER WEIGHT 6D,000 Lbs. Alkyd (Oil Based) Paint and 13. Solvents $ 0.30 ��/Lb_ $18, 000.00 55,000 Lbs_ Fuels and Solvents Halogenated �"�--- and Non -Halogenated $ 0.30/Lb. $16, 500.00 14. .12,000 Lbs. Corrosives Acid or Alkaline $ 0.45 `-`- 15. /Lb $ 5,400.00 500 Lbs. Pesticides $ 0.4-- 5 16. 5,000 Lbs. Sludges, Hazardous RCRA ./Lb. $ 225.00 Listed, High Solids, Low BTU $:.4 /Lb $ 2 , 000. 00 17• 5,000 Lbs. Sludges, Non -Hazardous Non-Rcra Listed, High Solids, Low BTU NAME OF COMPANY: E4 Florida, Inc. HHW-PB11-2003 4112/04 $ 0.2 �/Lb. $1, 450.00 Revised Page 14 of 50 PREVIOUS CONTRACT NO. J-3-00-071-B2 BID --._SHEET (CONTINUED) OLD HAZARDOUS WASTE COLLECTIO GROUP 1 (ITEMS 1 THRU 38) (Continued) ESTIMATED ITEM ANNUAL NO. COMMODITY CODE QUANTITY DESCRIPTION Waste Disposal (Continued) SOLID DRUMMED BULK EXCLUDING CONTAINER WEIGHT 18. 500 Lbs. Pesticides 19. 500 Lbs. Asbestos Friable 20. 500 Lbs. PC8 Ballasts 21. 2,000 Lbs. Batteries for Recycling NICAD, NIMH, Lead Acid, Other SOLIDS AND LIQUIDS LOOSE PACKFn rxrrj i,n.r. ..,_.._.__ 22. 6,500 Lbs 23• 15,000 Lbs. 24. 10,500 Lbs. 25. 4,000 Lbs. 26. 1,500 Lbs. 27. 19,500 Lbs Aerosol Cans Alkyd (Oil Based) faint in Cans Pesticides/Poisons Liquid Pesticides/Poisons Solid Flammable Liquids Fuels Blendable Flammable Solids Petroleum Distillate Containing Solids DOT Hazard Class 4.1 NAME OF COMPANY: EQ Florida, Inc_ NHW-PB11-2003 4/12J04 BID NO. J-Y-03-282_131 Addendum #1 April 9, 2004 UNIT PRICE $ 0.45 -��/Lb. $ 1 2_ _ 5 ,_ /Lb. $ 0 4-�/Lb. $ -L �/Lb $1.2�0 �/Lb. $ 0.5L. .� /Lb. $1.5�—�_/Lb. $1. S - - 0 /Lb. $ 0.50 /Lb. $1.25 /Lb TOTAL PRICE $ 225.00 $ 625.00 $ 205.00 $1, 500.00 $ 7, 80o. oo $ 7, 500.00 $15, 750.00 $ 6,000.00 $ 750.00 $ 24,375.00 Revised Page 15 of 50 PREVIOUS CONTRACT NO. J-3-00-071-B2 BID NO. J-Y-03-282-B1 Addendum #1 April 9, 2004 BIDBID SHEET (CONTINUED) HOUSEHOLD HAZARDOUS WASTE COLLECTION AND DISPOSAL SERVICES GROUP 1 (ITEMS 1 THRU 38) (Continued) ESTIMATED ITEM ANNUAL NO. QUANTITY COMMODITY CODE DESCRIPTION UNIT TOTAL PRICE PRICE Waste Dis osal (Continued) SOLIDS AND LIQUIDS LAB PACKED EXCLUDING CONTAINER WEIGHT 28. 5,500 Lbs. Corrosives Liquid or Solid Acid or Alkaline $ 1.25 � /Lb $ 6, 875.00 29. 1,100 Lbs. Oxidizers Liquid or Solid - $ 2-00 �/Lb $ 2, 200.00 30. 100 Lbs, Organic Peroxides Liquid or Solid $ 2 -- 0d ---_�� 31. /Lb. $ 200.00 4,000 Lbs. Pesticides/Poisons Liquid 1.50 $I 32. /Lb. $ 6,000.0o --�� 1,000 Lbs. Pesticides/Poisons Solid $ 1_/Lb. 33. $ 1,500.00 ----`..` 200 Lbs. Elemental Mercury $ 0Ij 34. :L /Lb $ 11000.00 150 Lbs.. Mercury in Manufactured Articles $ 5.00 /Lb. $ 750.00 35. 100 Lbs, Reactives Liquid or Solid~ DOT Hazardous Classes 4.2, 4.3 Cyanide, Sulfide Bearing $ 5.00 _��/Lb. $ UNIT PRICED MATERIALS EXCLUDING CONTAINER WEIGHT .50o.00 36. 1,500 Ea. Compact and Straight Fluorescent Light Tubes Four (4) Feet or More In Length $ 1.00 NAME OF COMPANY: HHW-PB11-2003 4112/04 EQ Florida, Inc. Revised Page 16 of 50 PREVIOUS CONTRACT NO. J-3-00-071-82 BID SHEET (CONTINUED) BID N0. J-Y-03-282-131 Addendum #1 April 9, 2004 HOUSEHOLD HAZARDOUS WASTE COLLECTION AND DISPOSAL SERVICES GROUP 1 (ITEMS 1 THRU 38) (Continued) ESTIMATED ITEM ANNUAL COMMODITY CODE UNIT NO. QUANTITY DESCRIPTION TOTAL PRICE PRICE Waste Dis osal (Continued) UNIT PRICED MATERIALS EXCLUDING CONTAINER WEIGHT 37.-43,000 Lbs. Alkyd (Oil Based) Paint in Original Containers One (1) Gallon or Larger in Size Placed in Drums, Boxes, Roll Offs, or Other Shipping Receptacle Based on Net Material Weight Following Consolidation. $ 0'50 /Lb. $ 21,500.00 38. 12,000 Lbs. Latex Paint in Original Container(s) One (1) Gallon or Larger in Size Placed in Drums, Boxes, Roll Offs, or.Other Shipping Receptacle. $ 0.23 /Lb. $ 2, 760.00 TOTAL GROUP 1 (ITEMS 1 THRU 38) $ 268,825.00 Services shall be rendered between 7 a.m. and 4 p.m., Monday through Sunday, except holidays. Services required at other times shall be by special arrangement only. Services will be rendered within 7 calendar days of the receipt of Purchase Order, not to exceed 14 days. Delivery MUST be FOB destination, freight included. In accordance with Paragraph 12.6 of "Special Instructions to Bidder" indicate if an exception to insurance requirements is being requested. Be specific and state reason: NAME OF COMPANY: EQ Florida, Inc. AUTHORIZED SIGNATURE: By signing this bid sheet your firm is agreeing to the terms and conditions of the Invitation for Bid. HHW-PB 11-2003 4/12104 Revised Page 17 of so PREVIOUS CONTRACT NO. J-3-00-071-B2 BID NO. J-Y-03-282-131 Addendum #1 April 9, 2004 BID SHEET (CONTINUED) HOUSEHOLD HAZARDOUS WASTE COLLECTION AND DISPOSAL SERVICES RECYCLED CONTENT INFORMATION: �• 1S THE MATERIAL IN THE ABOVE. VIRGIN ❑ OR RECYCLED QI (CHECK THEAPPLICABLE BOX). IF RECYCLED, WHAT PERCENTAGE_/ PRODUCT DESCRIPTION. Oil Based Paint and Solvents, Fuels - Fuel Blended Mercury Devices, Fluorescent, Bulbs - Recycle/Retort 2. IS YOUR PRODUCT PACKAGED AND/OR SHIPPED IN MATERIAL CONTAINING RECYCLED CONTENT? YES iX NO O SPECIFY- 55-Gallon Drums, 30-Gallon Drums - Reused/Recycled S• IS YOUR PRODUCT RECYCLABLE AFTER IT HAS REACHED ITS INTENDED END USE? YES 0 NO p SPECIFY. Paints, Solvents, Fuels - Alternative Fuel Source Mercury, Fluorescent Bulbs -- Mercury Retort THE ABOVE IS NOT APPLICABLE IF THERE IS ONLYA PERSONAL SERVICE INVOLVED WITH NO PRODUCT INVOLVEMENT. WOULD YOU ACCEPT CREDIT CARDS AS PAYMENT FROM BROWARD COUNTY? YES M NO ❑ DO YOU QUALIFY FOR THE LOCAL PREFERENCE CLAUSE YES o Visa, O AMEX NO �7 DO YOU QUALIFY FOR THE DOMESTIC PARTNER CLAUSE YES O NO $J THE UNDERSIGNED BIDDER WILL EXTEND THE SAME PRICE, TERMS AND CONDITIONS TO OTHER GOVERNMENTS LOCATED IN BROWARD COUNTY DURING THE PERIOD COVERED BY THIS CONTRACT, IF REQUESTED., ] YES CI NO NAME OF COMPANY: __ EQ Florida, Inc. HHW-PBI I-2003 4112/04 Revised Page 18 of 60 PREVIOUS CONTRACT NO. J-3-00-071-82 BID NO. J-Y•03-282-81 Addendum #1 April 9, 2004 BID SHEET (CONTINUED) HOUSEHOLD HAZARDOUS WASTE COLLECTION AND DISPOSAL SERVICES VENDOR FAX # (813) 628--0842 WILL THIS PRICING BE EXTENDED TO OTHER GOVERNMENTS LOCATED IN DADE OR PALM BEACH COUNTIES? -1b YES I7l NO OTHER GOVERNMENTS LOCATED WITHIN THE STATE OF FLORIDA? XD YES D NO ACKNOWLEDGMENT IS HEREBY MADE OF THE FOLLOWING ADDENDA OR AMENDMENTS (IDENTIFIED BY NUMBER) RECEIVED SINCE ISSUANCE OF THIS BID: Addendum #1 (April 9, 2004) E-MAIL ADDRESS: curt.debrunner@egonline.com BEEPER #: (813) 495-1060 20-0414157 FEDERAL TAX ID #: REM/TADDRESS: P•0. Box 673095 Detroit, MI 48267-3095 NOTICES TO BIDDER: 1. Please check the Federal Employer's Identification Number (FEIN) and other information on the face of the Invitation for Bid/Bidder Acknowledgment Form (IFB) and MAKE APPROPRIATE CORRECTIONS ON THE IFB. IF THE COUNTY DOES NOT HAVE THE CORRECT INFORMATION, PAYMENTS CANNOT BE MADE TO YOUR FIRM. 2. BE SURE TO HAVE THE INVITATION FOR BID, [BIDDER ACKNOWLEDGMENT FORM] SIGNED BY AN AUTHORIZED REPRESENTATIVE OF YOUR FIRM OR YOUR BID WILL NOT BE CONSIDERED RESPONSIVE. NAME OF COMPANY: D4 Florida, Inc. HHW-PS11-2003 4112104 Revised Page 19 of SO PREVIOUS CONTRACT NO. J-3-oo i-B2 a ATTACHMENT"A" BID N0. J-y-o3-2s2.Bi SPECIFICATIONS AND REQUIREMENTS HOUSEHOLD HAZARDOUS WASTE COLLECTION AND DISPOSAL SERVICES DEFINITIONS: Whenever the following words or terns appear.in the Contract documents, their intent and meaning shall be interpreted as follows: Addenda: Addendum : Any modification to the Contract documents issued in writing prior to the bid opening, or the execution of the Agreement. Agreement: This document, including any written amendments hereto which are approved by the BROWARD COUNTY Board of COUNTY Commissioners, and other written documents which are expressly incorporated herein by reference. Bid: The offer or proposal submitted on the specified bid forms by the Bidder setting forth the prices for the work to be performed. Bonds: Bid, Performance, and Payment Bonds and other instruments of security, furnished by the CONTRACTOR and his Surety. -Cash A certified check or cashier's check furnished by the CONTRACTOR in lieu of a Surety Bond covering the same required amounts and providing the same guarantee as contained in the respective Surety Bond. CESQG: (Conditionally Exem t SmawOuaagw Generator : Those businesses generating less than 220 pounds of Hazardous Waste per month and never accumulating more than 2,200 pounds. CFR: Code of Federal Regulations. COUNTY: Broward COUNTY, Florida a political subdivision of the State of Florida. HHW-PB11-2003 3✓1 &104 Page 20 of 50 PREVIOUS CONTRACT NO. J-3-0o 071-132 a BID NO. J-Y-o3.282-B1 ATTACHMENT"Alt (Continued) SPECIFICATIONS AND RE UIREMENTS DEFINITIONS: (Continued) DATE OF COMMENCEMENT: The date as established in the "Notice to Proceed: from when the Contract time begins. Drummed 8ulk A method of packing shipping containers by emptying the contents of the original waste containers into the shipping container. FDEP: The Florida Department of Environmental Protection. Final! Dis osai Facili The facility at which wastes are destroyed, recycled, treated or otherwise processed and will not undergo further processing. Fixed Facility: Facility employed by the County for the purpose of the collection of waste materials on a ul basis from households and CESOG's. re gar Force Ma'eure: An act of God, epidemic, lightning, earthquake, fire, explosion, storm, hurricane, flood or similar occurrence, strike, an act of a public enemy, blockade, insurrection, riot, general arrest or restraint of government and people, civil disturbance or similar occurrence, which has had or may reasonably be expected to have a material adverse effect on the rights or obligations under this Agreement which by the exercise of due diligence such parties shall not have been able to avoid. Such acts or events do not include acts or omissions of third party CONTRACTORS, materialmen, suppliers, or their subcontractors, unless such acts or omissions are otherwise encompassed by the definition set forth above. Fuels 8lendin : The use of flammable wastes, through processing or combining with other materials, to -produce a fuel for energy recovery. Hazardous Waste; Hazardous waste is any substance defined or identified as a hazardous waste in 40 CFR parts 260-265 and appendices, promulgated pursuant to the Resource Conservation and Recovery Act. (RCRA), 42 U.S.C. § 6901, et seq., as amended, and rule 17-83-. F.A.C. Material designated as household hazardous waste shall have characteristics that have at least one of the following characteristics: flammability or ignitability, corrosively, reactivity or toxicity. H1HW-P1371 20D3 3M&04 Page 21 of so PREVIOUS CONTRACT NO. J-3-00 071-B2 BID NO. 1-Y-03-282-81 ATTACHMENT"A' (Continued) SPECIFICATIONS AND REQUIREMENTS DEFINITIONS; (Continued) Incineration: The thermal treatment and destruction of waste where the physical destruction of the waste is the sole intent of the process. Does not include fuels blending. Intermediate FaCili : A facility that is utilized for storage, consolidation, preparation, or other purposes for the Preparation of wastes for final disposal. tab -Pack: A method of packing shipping containers with waste items left in their original containers surrounded with absorbent material. A detailed list of items usually accompanies the container. landfill: A USEPA-permitted (RCRA Part B Permit required) Hazardous Waste disposal site where the method of disposal is burial. The placement of wastes in a permitted land based disposal unit. Loose Pack: A method of packing shipping containers with waste items left in their original containers but absorbent materials and a detailed list of items is not used Notice to Proceed: Written notice from the BROWARD COUNTY Board of COUNTY Commissioners to the CONTRACTOR authorizing the CONTRACTOR to commence work relating to one, several, or all of the tasks described in this Agreement, or any changes or additions made thereto pursuant to this Agreement. Performance Bond: Cash Bond furnished by the CONTRACTOR, or a Surety Bond furnished by the CONTRACTOR and his Surety as a guaranty of good faith that he will execute the work, make payments, and provide final clean-up in accordance with the terms of this Agreement. ! ect Coordinator Contractor designee responsible for the direction of Contractor provided personnel at designated collection sites. The Project Coordinator shall hold a four (4) year degree in Chemistry or a Related Field with a minimum of two (2) years experience as a project manager for Household Hazardous Waste Events such as those held in Broward County. HNW-PB17-2003 afi a104 r Page 22 of 5o PREVIOUS CONTRACT NO. 4-3-0o 071-132 BID NO. J-Y- L-2s2-91 ATTACHMENT "A" (Continued) SPECIFICATIONS AND REQUIREMENTS HOUSEHOLD HAZARDOUS WASTE COLLECTION AND DISPOSAL SERVICES DEFINITIONS: (Continued) R_ CRA: Resource Conservation and Recovery Act. The 1976 Resource Conservation and Recovery Act. Rec clin : The recovery or use of wastes as raw material for making products of the same or difference nature as the original product. REMOTE COLLECTION EVENT: Day or set of days of collection of waste material from households at temporary collection sites. Remote Collection Event Partner: Entities public and or private within Broward County whose sites and resources are utilized to conduct Remote Collection Events. Sure The corporate bond company or individual which is bound by the Performance Bond with and for the CONTRACTOR, who is primarily liable, and which engages to be responsible for his acceptable performance of the work of which an Agreement has been made and for his payment of all debts pertaining thereto. §MMW Bond: A bond issued through a local surety bond agency covering the required amount and providing the same guarantee as contained in the respective Cash Bond lag: The work as described in Article 3, or any changes or additions made thereto pursuant to this Agreement. TreaatrocestmmTreatment:• The psing of wastes by chemical, physical, or biological means to remove or reduce their hazardous characteristics or constituents. T_SD: Transfer, Storage and Disposal Facility recognized and permitted under RCRA. HHW-PS11-2003 3/18/04 P89e 23 of So PREVIOUS CONTRACT NO. J-3-00 071-132 BID NO. J-Y-03-282-81 ATTACHMENT " AT (Continued) SPECIFICATIONS AND REQUIREMENTS HOUSEHOLD HAZARDOUS WASTE C LLECTION AND DISPOSAL SERVICES DEFINITIONS: (Continued) TR� e: A facility that operates similar to a RCRA TSD facility but is not required to be permitted under RCRA. Le 10 Day Storage Facility. Ultimate Disposal, Facili : The facility at which the residual materials or by products from the Final Disposal Facility, such as incineration ash are managed. USDOT: The United States Department of Transportation "W-PS11-2003 3118104 Page 24 of 5o PREVIOUS CONTRACT NO. J-3-00 071-B2 BID NO. J-Y-03-232-B1 ATTACHMENT "A" (Continued) SPECIFICATIONS AND REQUIREMENTS HOUSEHOLD HAZARDOUS WASTE COLLECTION AND DISPOSAL SERVICES 1.0 GE--�RAL 1.1 Program Qblective The primary objective of this solicitation is to obtain the services of one or more contractor(s) who shall provide hazardous waste categorization, identification, collection, packaging, transportation, shipping, disposal, and related services for the COUNTY'S Household Hazardous Waste Collection Program in the most cost effective manner. The Household Hazardous Waste (HHW) Program as designed will provide an outlet for Proper disposal of household hazardous wastes with year round collection facilities. available for selected noxious and special waste. The CONTRACTOR shall offer to provide collection, packaging, transportation and disposal of Hazardous Waste Material generated by COUNTY based CESQG a minimum of twelve times per year at Fixed Facilities. 1.2 Intent This program is open to all residents of Broward County. The current program offers weekly collection for seven hours per day at two Fixed Facilities (2780 North Powerline Road, Pompano Beach and 5601 West Hallandale Beach Boulevard, Hollywood) this service is available rain or shine and on most holidays. The site locations are in the North and South ends of the County, however additional or alternate Fixed Facility sites may be established and applied to the specifications of this bid, HIRW-Pei l-2o03 3MS/04 Disposal costs shall be based on the net weight of waste. Weight shall be determined by on site weighting. A scale shall be provided by the contractor. Calibration shall be from 1 to 650 pounds certified by the Department of Agriculture. Container weights are excluded and tare weights shall be subtracted and noted or the invoice. Net weight shall include all materials inside the container including absorbent materials when used. Only vermiculite or organic absorbents are allowed for use except where incompatible with the waste. Other absorbents such as clay absorbent are not permitted. For purposes of determining net weight the following standard container tare weight will e used: Page 25 of So PREVIOUS CONTRACT NO. J-3-00 071-B2 BID NO. J-Y-03-2s2-B1 ATTACHMENT "A" (Continued) SPECIFICATIONS AND REQUIREMENTS HOUSEHOLD HAZARDOUS WASTE COLLECTION AND DISPOSAL SERVICES 1-0 GENERAL (Continued) 1.2 intent (Continued) 55 Gallon Steel Drum 55 Gallon Poly Drum 50 lbs. 30 Gallon Drum 30 Ibs Palletized Cubic Yard Box With Liner 30 Ibs .85 Gallon Poly Over Pack Drum 75 Ibs 10 Ft. Fiber Drum 50 Ibs 5 Gallon Bucket 20 Ibs 3 lbs The weights of other shipping containers not listed will be reasonably determined by weighing or agreed upon as needed. It is also the intent of this program to offer disposal opportunities Conditionally Exempt Small Quantity Generator (small businesses). Disposal fees and methods to calculate such fees charged to Broward County based Conditionally Exempt Small Quantity Generators shall follow the guidelines of this bid. 1.3 Services Offered b Household Hazardous Waste Pro ram mayinclude: A. FiVAd SAtttrrhir ...•.u....a:.._ i��_ �� HHW-PB11-2003 3/18/04 unit or other designated units The contractor shall provide these serviices on storage regular basis subject to a 72 hour notice. This format is expected to continue into the next fiscal year, however, the COUNTY reserves the right to modify the format to increase service and/or better process or serve the community. B. Remote one-day.collection events. One day prescheduled collection events at municipal sites, with thirty days advanced notice. The contractor shall supply all necessary staff and equipment in coordination with the County Program Coordinator. One day event shall require the Contractor to remove waste for disposal at the end of the day. These events will probably be scheduled on a Sunday. It is estimated that there will be approximately 9 remote site collections per year. No waste shall remain on site after collection. The COUNTY shall not be responsible for occurrences at the Remote Collection Event. Mobilization Charge Item #1 and Labor Rates Item #3a, #3b & #3c will apply. Page 26 of So PREVIOUS CONTRACT NO. J-3-00 071-82 BID NO. J-Y-03-282-81 ATTACHMENT "A" (Continued) SPECIFICATIONS AND REQUIREMEE TS HOUSEHOLD HAZARDOUS WASTE COLLECTION AND DISPOSAL SERVICES 1.0 GE— ER (Continued) 1.3 Services Offered bm Household Hazardous Waste Pro ram ma Include: (Continued) C. Conditional) Exem t Small Quanti Generator (CESQG). The Contractor is required to conduct periodic CESQG Collection events and to provide on -call pick-up, categorization, identification, collection, packaging, and transportation, shipping disposal and related services to local CESQGs. The fees charged for services will be the responsibility of the generator. The fees must be inclusive of all contractor costs. The COUNTY shall not be responsible for any services related to CESQGs. D. Collection Mobilization Charge. Demand service for incidents and Remote Collection Events. To include all staff, trucks, scales, tools and equipment. 2.0 MANS O RATION: A. shall upon 5 working days notice provide transportation of materials stored at fixed facility sties (drum pickups). Collection mobilization charges and Contract Labor Rates Item Nos.1, 2, 3, and 4 shall NOT apply. B. The Contractor shall supply one permitted 20 cubic yard container, properly licensed as required by law by all applicable Local, State, and Federal Regulations for the purpose of accumulating alkyd (oil based) paint in cans at Remote Collection Events. If requested the contractor shall provide two permitted 20 cubic yard containers, properly licensed as required by law by all applicable Local, State, and Federal Regulations for the purpose of accumulating alkyd (oil based) paint in cans, that can be left at Fixed Facility sties, and replaced with an empty 20 cubic yard container when full. 3.0 APPLICABLE SPECIFICATION 3.1 !e ulation Com liance All work performed under these specifications shall meet or exceed all requirements mandated by designated USEPA permitted treatment, storage, or disposal facilities regarding labeling, manifesting, packaging, segregation, and transport of hazardous waste to insure acceptance of collected wastes at the final disposal site. HHW-PB11-2003 3M M4 Page 27 of so PREVIOUS CONTRACT NO.J-3-00 071 B2 BID NO. J-Y-03-282-B1 ATTACHMENT "A" (Continued) SPECIFICATIONS AND REQUIREMENTS HOUSEHOLD HAZARDOUS WASTE COLLECTION AND DISPOSAL SERVICES 3.0 APPLICABLE SPECIFICATION (Continued) 3.2 Mane The CONTRACTOR shall prepare and maintain Uniform Hazardous Waste Manifests (USEPA Form 8700-22) in accordance with 40 CFR Part 262, Sub -part B, for all hazardous waste collected during this project and transported from the COUNTY. Further, the CONTRACTOR shall provide copies of all Uniform Hazardous Waste Manifests to the COUNTY within a mutually agreed upon time period. The final manifest shall be submitted to the COUNTY within 90 working days. 3.3 Invoices ices Invoices shall be submitted monthly in accordance with the unit prices and disposal requirements specified in this Agreement. Each invoice shall be submitted to the COUNTY within thirty (30) days of completion of service. Invoices shall note correspondence, manifest numbers where applicable. 3.4 Standards The CONTRACTOR shall comply with 40 CFR Part 2, "Standards Applicable to Transporters of Hazardous Waste'; Chapter 17-730, Part 3, Florida Administrative Code; and all applicable USDOT requirements for transportation' of hazardous *materials. 3.5 TransPorters — The CONTRACTOR shall ensure that all transporters possess local, state and federal transporter permits, and that all local, state and federal regulations concerning packaging and transport of hazardous waste encountered en route are complied with. CONTRACTOR shall identify the transporters of all waste materials, including the name location, number and type of license, and any fines, citations, or accidents within the last five (5) years. 3.6 Reference Sheets — The CONTRACTOR shall provide the COUNTY with a Drum Summary Breakdown sheet indicating manifest number and container content sheet numbers for each drum of hazardous waste collected during this project within a mutually agreed upon time period. CONTRACTOR shall also provide an invoice cross reference sheet for every disposal line item which shall include description, size of container, quantity, and all drum numbers per category as they appear on the Drum Summary Breakdown. Hrrw-PB11-2003 3Maro4 C- Page 28 of 50 PREVIOUS CONTRACT NO. J-3-00 071-82 BID NO. J-Y-03.282-81 ATTACHMENT "A" (Continued) SPECIFICATIONS AND REQ IREMENTS HOUSEHOLD HAZARDOUS WASTE COLLECTION AND DISPOSAL SERVICES 3.0 APPLICABLE SPECIFICATION (Continued) 3.7 Certificates of Disposal - The CONTRACTOR shall provide Certificates of Disposal for all hazardous waste collected during this project to the COUNTY within 60 days of waste manifest date. 3.8 Generator Status and Acceptance for Disposal A. CONTRACTOR shall be deemed to be the "generator" (for the purposes of Florida and Federal laws and regulations) of all materials accepted by the CONTRACTOR at the sites from Household Hazardous Waste Collection Pro ram. B. CONTRACTOR shall assure that materials for which CONTRACTOR accepts generator status shall be accepted for disposal at the final disposal site(s). C. CONTRACTOR shall be, and shall remain, liable in accordance with applicable law for all damages to the COUNTY caused by CONTRACTOR's negligent performance of any of the services furnished pursuant to this Agreement, except for errors, omissions, or other deficiencies to the extend solely attributable to the COUNTY, COUNTY furnished data or any third party. CONTRACTOR shall not be responsible for time delays caused by -circumstances. beyond the CONTRACTOR's control. 3.9 Dismal Site — The CONTRACTOR shall dispose of all hazardous wastes that cannot be recycled at a USEPA-permitted (RCRA Part B Permit required) hazardous waste disposal site approved by the COUNTY. Any exception to this type of management must be approved by the COUNTY and FDEP. CONTRACTOR shall allow COUNTY staff and/or its agent to visit and inspect disposal facility(ies). Contractor shall remove all accepted waste at the end of each collection event unless the waste is to be secured in special storage containment unit. If stored, all accepted waste shall be removed by contractor upon request and coordination with Hazardous Household Waste Administrator. NHW-PB11 2003 3118/04 No waste from HHW or CESOG shall be disposed of in a Class I, Class 11, or Class III landfill. Page 29 of 50 PREVIOUS CONTRACT NO. J-3-00 071-132 81D NO. 1-Y-403-282-81 ATTACHMENT "A" (Continued) SPECIFICATIONS AND RE UIREMENTS H U5EHOLD HAZARDOUS WASTE COLLECTION AND DISPOSAL SERVICES 3.0 APPLICABLE SPECIFICATION (Continued) 3.9 Dis oral Site -- (Continued) The Contractor shall identify all Intermediate, Final and Ultimate Disposal Facilities employed for the management of Broward County's waste. Name, location, type, permit will identify wastes by Item No. and the corresponding waste and any citations/permit violations within the last 10 years must be listed. The contractor management process or processes for listed Item Numbers handled at each listed facility. The contractor must designate all applicable facilities for all and each listed waste Item Number. Waste Man a ament Processes: Fuels Blending Treatment (Provide Detail) Incineration Storage Processing (Provide Detail) Recycling The Contractor shall complete the following form for each Facility utilized. HHW OB11.2003 3M=4 r Page 30 of 50 PREVIOUS CONTRACT NO. TI—M Q71-82 BID NO. J-Y-03-282-81 _ATTACHMENT "A" (Continued) PE IFICATIONS AND REQUIREMENTS HOUSEHOLD HAZARDOUS WASTE C LLECTION AND DISPOSAL SEgVLCES UST OF WASTE MANAGEMENT FACILITIES Facility Name: Address: EDA ID Number: Contact: Telephone: Type Of Facility Intermediate/Final/Ulitmate: Permit Types/Numbers: Waste Item No.: Waste Item No.: Haste Item No.: Waste Item No.: Waste Item No.: Waste Item No.: Waste Item No.: Waste Item No.: Waste Item No.: Waste Item No.: Permit Violations/Citations Within the Past 10 Years: Process: _ Process: Process: Process: Process: Process: Process: Process: Process: Process: NNW-PB11-2003 3/18N4 PM9e 31 of 50 PREVIOUS CONTRACT NO. J-3-00 071-82 BID N0. J-Y-d3-282-81 ATTACHMENT "A" (Continued) SPECIFICATIONS AND REQUIREMENT HOUSEHOLD HAZARQgUa WASTE COLLECTION AND DISPOSAL SERVICES 4.0 IMPLEMENTATION 4.1 Identification — The CONTRACTOR shall provide on -site identification of all hazardous waste received at the collection centers. Identification shall be sufficient to properly package all hazardous waste pursuant to USDOT requirements and to ensure acceptance at an EPA Permitted storage, treatment or disposal facility. 4.2 Site Ins22ct!on and Meeting -- A pre -collection coordination meeting shall be held to discuss coordination between CONTRACTOR's Project Coordinator and COUNTY Household Hazardous Waste Coordinator. The collection location shall be completely set up prior to the collection of items specified by the COUNTY. A joint inspection by the COUNTY HHW Program Coordinator and the CONTRACTOR Project Coordinator will be made prior to each event. Any observed deficiencies will be corrected prior to opening the collection location to the public. 4.3 Traffic Control — The CONTRACTOR shall establish the configuration of the collection center to allow participants to deliver waste materials in a drive through pattern without leaving their vehicle. The traffic layout is to be mutually agreed upon between the County's Program Coordinator and the CONTRACTOR'S Project Coordinator. A layout of the traffic pattern shall be provided o the COUNTY in writing 7 days prior to a collection event. The traffic control pattern must be mutually agreed upon by both COUNTY and CONTRACTOR. Specific legible instructions and traffic control signs shall be provided by the CONTRACTOR as required and shall be posted to inform participants of their responsibilities and to ensure the safe and smooth flow of traffic. 4.4 Consolidation The CONTRACTOR shall make provisions to consolidate compatible hazardous wastes in order to minimize per unit disposal costs. Additionally, the CONTRACTOR will make provisions to bulk flammable materials or other compatible wastes if such options are available. 4.5 Packa in The CONTRACTOR shall comply with pre -transport requirements of 40 CFR Part 262, Sub -part C. Only state and federally approved containers and packing materials shall be utilized for the packaging and transport of hazardous waste. CONTRACTOR is expected to remain at the Collection location until all hazardous materials are safely stored. NHW-PB11-20M r art aro4 Page 32 of so PREVIOUS CONTRACT NO. J-3-00 071-132 BID NO. J-Y-03-282-B1 ATTACHMENT "A" (Continued) SPECIFICATIONS AND REQUIREMENTS HOUSEHOLD HAZARDOUS WASTE COLLECTION AND DISPOSAL SERVICES 4.0 IMPLEMENTATION (Continued) 4.5 Packaging — (Continued) The CONTRACTOR shall not, unless directed by the COUNTY, package nonhazardous solid waste or empty containers formerly containing hazardous substances. The COUNTY reserves the right to give contractor a list of products and substances that are to be retained by the COUNTY. The COUNTY further reserves the right to purchase equipment and materials from additional sources as the COUNTY deems in its best interest. The CONTRACTOR will be notified prior to the opening of the collection as to what materials will be saved for the COUNTY. CONTRACTOR shall identify tasks which can be performed by County Personnel and volunteers, with and without direction from the CONTRACTOR's professional staff. 4.6 Mil — The CONTRACTOR shall coordinate with the Household Hazardous Waste Program Coordinator to implement an as needed "milk -run" arrangement to pick-up material stored in the COUNTY's household hazardous waste containment unit. 5.0 HEALTH AND SAFMY 5.1 Securitv A. The operational sites shall be secured daily at the close of each day by locking all. samples, packaged chemicals, site materials, emergency equipment, etc., in the appropriate storage buildings. B. The COUNTY'S Program Coordinator shall have the authority to remove anyone from the site, and prohibit their re-entry, should the Program Coordinator or CONTRACTOR'S Project Coordinator determine that the person threatens site safety and/or security. 5.2 2&en and S i11 Contin enc Plans — The on site COUNTY Program Coordinator and the CONTRACTOR's Project Coordinator may upgrade or downgrade protection requirements, depending on the associated hazards, volume of traffic, and weather conditions. HHW-Ps11-2003 3M M4 Page 33 of 50 PREVIOUS CONTRACT NO. J-3-00 071-62 BID NO. J-Y-03-282-Bi ATTACHMENT (Continued) SPECIFICATIONS AND REQUIREMENTS HOUSEHOLD HAZARDOUS WASTE COLLECTION AND DISPOSAL. SERVICES 5.0 HEALTH AND SAFETY (Continued) 5.2 gafe and Spill Contin enc Plans -- (Continued) CONTRACTOR and COUNTY staff shall be required to follow basic protection guidelines which include but are not limited to the following: (1) Wearing of work uniform, safety glasses, and safety shoes. (2) Wearing chemical gloves when working in the receiving area accepting waste materials shall be required. (3) Lab packaging of chemical waste shall require the same level of protective gear as wom in the receiving area with the addition of a protective over suit. (4) An individual air -purifying respirator, (equipped with organic vapor/acid gas/high efficiency combination cartridges) .shall be available within reach of all personnel. (5) Each individual shall have a pair of chemical splash goggles available. (6) Segregation -and packaging of liquid waste shall require Tyvek coveralls/apron, chemical gloves, chemical boots, or boot covers. Additionally, respiratory protection, and chemical goggles and face shield (if not using a full -face respirator) may be required by the Program Coordinator. or CONTRACTOR's Project Coordinator. 5.3 S ill Contin enc Plan -- The Project Coordinator is responsible for notifying and advising local emergency groups and agencies of collection events prior to public participation. A list of these agencies and services shall be maintained at the facility and shall include but not be limited to phone numbers and addresses of the nearest hospital, emergency medical transport, fire and police departments. Directions to the nearest hospital shall be available to all personnel at each site. 5.4 meraenny. Response Plan — The Contractor's Project Coordinator has the authority to activate the COLINTYIS Emergency Plan. Under emergency conditions the CONTRACTOR's Project Coordinator will support and advise the COUNTY's Program Coordinator or Designee. Emergency response guidelines include but shall not be limited to: HHW-PB11-2003 3P18/04 Page 34 of 50 PREVIOUS CONTRACT NO. J-3700 071-82 BID N0. J-Y-03-282-B7 ATTACHMENT "A" (Continued) SPECIFICATIONS AND RE UIREMENTS HOUSEHOLD HAZARDOUS WASTE COLLECTION AND DISPOSAL SERVICES 5.0 HEALTH AND SAFETY (Continued) 5.4 Emer ency Response Plan -- (Continued) Worker Related - COUNTY shall maintain a first aid kit with sufficient supplies to care for minor injuries, heat stress problems, etc. HHW-PB11-2003 3/1 W COUNTY shall provide an on site emergency personal deluge shower station at the main location at 2780 North Powerline Road, Pompano Beach, Florida 33064. The COUNTY shall provide a portable eye wash at alternate collection locations. In situations of inhalation of a toxic compound, the affected individual(s) shall be removed to fresh air and transported to an emergency medical facility, and other personnel will be evacuated if necessary. If transportation/evacuation by CONTRACTOR is not feasible, the ambulance or rescue squad will be contacted and site personnel shall continue first aid treatment until medical personnel arrive. Waste Related - Waste related incidents shall include but not be limited to, spill, fire, explosion, chemical reaction or release of toxic gases or vapors. In an emergency waste related situation the Program Coordinator shall be responsible for assessing the situation and shall initiate action. CONTRACTOR shall have a medical surveillance program for personnel involved in the direct handling and/or exposure to the chemical waste or the primary containers to detect and correct job related injuries or conditions. Training sessions for volunteers will be provided by the CONTRACTOR's Safety Officer prior to any collection event occurring at this facility. CONTRACTOR and COUNTY staff shall restrict public access to the site as appropriate. COUNTY staff shall assist public by removing chemical waste from their vehicles to the receiving area. The entire collection facility shall be designated a non-smoking area and be clearly marked by the COUNTY with "No Smoking" signs. An emergency air hom will be placed in the active work location. Notification of state emergency agencies will be the responsibility of the Project Coordinator. Page 35 of 50 PREVIOUS CONTRACT NO. J-3-00071-82 BID NO. J-Y-03-282-B1 ATTACNMENT "- (Continued) SPECIFICATIONS AND RE UIREMENT5 5.0 HEALTH AND SAFETY (Continued) 5.5 S ill Control and Res once A. COUNTY shall provide all spill control measures which are necessary to control any type of spill. Additional control measures may be provided by the CONTRACTOR, as necessary. B. CONTRACTOR is completely responsible for the cleanup and any associated costs of any spill as a result of their activities at the pickup site, during transportation, or at the disposal facility. CONTRACTOR shall clean up spills in accordance with Federal, State, and Local regulations and verify that.the cleanup meets applicable cleanup standards. COUNTY reserves the right to verify costs and quality of any such cleanup required of the CONTRACTOR in performing tasks under the terms and conditions of this Agreement. 6.0 REC RDS 6.1 Collection Date Number of CESQGs participating (as applicable) Type and quantity of hazardous waste collected from households Types of Waste: Chemical and generic terms by percentages Total cost to the COUNTY 6.2 Re orts - The CONTRACTOR shall prepare and submit information to the COUNTY sufficient to complete the annual hazardous waste generator report required by FDEP and submit a monthly discarded, hazardous materials hauler Report to Broward County's Department of Planning and Environmental Protection. 6.3 urnmary Report The CONTRACTOR shall provide an annual project report which shall household hazardous wastes collected during each project, disposition of all hazardous waste collected, and the total cost to the COUNTY. 6.4 Use of Reports All reports produced by the CONTRACTOR during this project shall become the property of the COUNTY without restrictions or limitations upon their use. Hff"811-2003 Wia/b4 r Page 36 of 6o PREVIOUS CONTRACT NO. J-3-oo 071-132 BID NO. J-Y-03-282-81 ATTACHMENT "A" (Continued) SPECIFICATIONS AND REQUIREMENTS HOUSEHOLD HAZARDOUS WASTE COLLECTION AND DISPOSAL SERVICES 6.0 RECORDS (Continued) 6.5 Regulatory Notices or Citations — The CONTRACTOR shall provide to the COUNTY a copy of any regulatory notices or citations issued at any transfer, treatment, or disposal facility that is or has been used for COUNTY household hazardous waste within ten (10) working days of issue. 7.0 BROWARD COUNTY RESPONSILITIES 7.1 Household Hazardous Waste MHMQ Fixed Collection Facilities -- Saturday Collections are to be held at the COUNTY's facility, 2780 North Powerline Road, Pompano Beach, Florida and 5601 West Hallandale Beach Boulevard, Hollywood, Florida 33023. The COUNTY reserves the right to use alternate facility locations. When alternate facilities are to be used, the COUNTY shall consult with the CONTRACTOR. 7.2 COUNTY Res onsibilitiies 1. The COUNTY shall review and approve records and reports submitted to the COUNTY pursuant to Tasks described above. 2. The COUNTY reserves the right to remove any materials from the waste stream (such as oil, batteries, paint, tires, or other commodities) for recycling or alternative disposal. 3. The COUNTY reserves the right to provide some or all of the staff, equipment, or materials required for setting up or operating the collection center(s). 4. The COUNTY shall monitor, oversee and supervise all collection events, and shall have a designated program coordinator on -site to coordinate activities and assist in resolving any problems that arise. 5. The COUNTY shall distribute information materials and conduct surveys at all collection events. HHW-PS11-2003 VI SM4 6. The COUNTY shall be responsible for all costs associated with the proper handling, transportation, and disposal of household hazardous wastes as provided by this agreement. 7. The COUNTY shall not be responsible or liable for the collection, packaging, transportation, or disposal of any CESOG or other non household hazardous waste accepted by the CONTRACTOR, nor for the costs incurred by the CONTRACTOR in the performance of this work. Page 37 of 50 PREVIOUS CONTRACT NO. J-3-00 071-62 BID NO. J-Y-03-282-81 ATTACHMENT "A" (Continued) SPECIFICATIONS AND REQUIREMENTS HOUSEHOLD HAZARDOUS WASTE COLLECTION AND DISPOSAL SERVICES 7.0 BROWARD COUNTY RESPONSILITIES (Continued) 7.2 GOUNTY Res nsibilities (Continued) 8. The COUNTY reserves the right to cancel or reduce the hours of operation of any scheduled collection due to inclement weather, reduced participation, funding shortfalls, or other reasons. 9. The COUNTY shall provide a dumpster for nonhazardous waste at all collection events. 8.0 CONTRACTOR RESPONSIBILITIES 8.1 Personnel 1 • CONTRACTOR shall provide a minimum of two (2) trained personnel per collection site on Saturdays unless alternate arrangements with COUNTY have been pre -approved, to include as follows: NHW-PBl IQO03 3M 8104 2. Four (4) technicians having at least one year experience in Household Hazardous Waste (HHW) field operations, including the identification, characterization, and handling of HHW. 3. Contractor will provide sufficient personnel to fully staff Remote Collection Events and scheduled CESQG Collection Events. Required staffing levels will be set for each Remote Collection Event based on historic participation data and as mutually agreed upon by the County and the Contractor. 4. The CONTRACTOR is and shall perform this agreement as an Independent CONTRACTOR and, as such, shall have and maintain complete control over all of its personnel and operations. Neither the CONTRACTOR not anyone employed by the CONTRACTOR shall represent, act, purport to act or be deemed to be the agent, representative, employee or servant of the COUNTY. 5. All staff shall have required OSHA training. 6. CONTRACTOR will designate a Contractor Project Coordinator responsible for directing Contractor supplied personnel for the purposes of Conducting Remote Collection Events. Page 38 of SO PREVIOUS CONTRACT NO. J-3-00 071-B2 BID NO. J-Y-03282-81 ATTACHMENT "A" (Continued) 1 ECIFICATIONS AND REQUIREMENTS HOUSEHOLD HAZARDOUS WASTE COLLECTION AND DISPOSAL SERVICES 8.0 CONTRACTOR RESPONSIBILITIES (Continued) 8.2 Training CONTRACTOR shall conduct training of COUNTY staff with regard to packaging and manifesting regulations, and tasks. Such training shall occur during waste removal operations and during the packaging and manifesting pehods following the collection events. CONTRACTOR shall provide all 29 CFR 1910, 120 and other appropriate training for up t0 two (2) staff members of the BROWARD COUNTY Office of Integrated Waste Management, including all costs incurred, lodging travel per diem, etc. 8.3 Etc uipment CONTRACTOR shall provide ALL of the necessary equipment and material for setting up and operating at the COUNTY's collection center and any other site designated for a HHW Collection. HOWEVER, the COUNTY reserves the right to opt to provide some of all, of the equipment or materials required for setting up of operating the collection center(s). Should the COUNTY exercise this option, the Program Coordinator shall consult with CONTRACTOR prior to collection event. 8.4 Other Special Criteria 1. No disposal of HHW or CESQG waste shall be provided using a Class I, Class 11, or Class III landfill. Landfillin.g of materials such as household batteries and solid fe ilizers may be allowed with the writte ermission of the Office of Inte rated Waste Mana ement in a Subtitle "C" secured hazardous waste landfill. HHW-P811-2003 3nW04 2. THE CONTRACTOR SHALL PROVIDE A STATEMENT OF AGREEMENT WITH ANY TREATMENT/STORAGE/DISPOSAL FACILITY NOT OWNED BY SAID CONTRACTOR. 3. The Contractor shall provide Certificates of Disposal for all hazardous waste collected. 4. The Contractor shall provide service to County Based CESQG's that includes direct pick-up. The Contractor shall be responsible for notifying all CESQG of the availability of collection and disposal services and shall provide such serves to all qualifying parties. All CESQG's shall be charged the same disposal prices charged for HHW. Page 39 of 50 PREVIOUS CONTRACT NO. BID NO.5 . -DS Mqj T RIFERENCE Client Contact: i Address: Telephone: Contract Description: Contract Term: Contract Value: j Description of Services Performed: HHW�77,2pag ' all W4 Pal. 40 of CO PREVIOUS CONTRACT No. J;&00 a71- 2 BID No. -By AUMMMENT "C" Date of Issue . Issuing Bank's No. bod9l Broward County through Its Broward County Board of Amount: County Administrator (In United States funds) County Commissioners Governmental Center 116 South Andrews Avenue Fort Lauderdale, Florida 33301 Expiry. (Date) Sid/Contract Number We hereby authorize you to draw on (Bank, Issuer name) at (Branch A dress) by order of and for the account of (Contractor, Applicant, Customer) up to an aggregate amount, in United States Funds, of sight, accompanied by: (1) A signed statement from the Cou Administrator of Sroward County, or the Administrator's authorized repress tative, that the drawing Is due to default in performance of certain obligations ion the parr of avanwis by your draft at agreed upon by and between j _- _ Broward County and (Contractor, Applicant, Customer) (Contractor, Applicant, Customer) ---pursuant to the Bid/Contract No. for (Name of Project) Drafts must be drawn and negotiated not later than (Expiration Date) Drafts must bear the clause: "Drawn under Letter of Credit No. (Number) OfI dated (Bank Name) MNw-P�11-QOQ3 all Alb4 '. Page 41 of 50 PREVIOUS CONTRACT NO.,1:aa gZ1-B2 i BID NIO. A CHMEa (Continued) 019 GILIMAM Poolei 'n' (Continued) This Letter of Credit shall be renewed for successive periods of one 1 Administrator with written nonce of our intent to terminate the credit he(regin we p ded, whhiicchh nnotice must be Bre idecf CeWest thirty (30) days prior to the expiration date of the original term hereof or any renewed one (1) yw thmj., Notificean to $sward, County that this Letter of Credit will expire prior to performance of the contractor's obligations will be doomed a defoult. i This Letter of Credit seta forth In full the terms of our undertaking, and such Undertaking shall ,ndt In any way be modigsd, amended, or armplifled by reference to any documents, instrument, or agreement referred to herein or to which thlal i-after of' Credit is refemw or this Letter of Credit relates, and any such reference shall not be doomed to inoorpeilrate herein by refenmce any document, instrument, or agreement We hereby agree with the drawers, endorsers, and bona fide holders of all draft' drawn under and Ih c Ompliance with the term, of this credit that such drafts will be duly honored upon presentation to the drawee. The execution of the contract and the submission of the required Performance and Payment Guaranty- and Insurance Certificate by titer! j (Contractor, Applicant, Customer) shall be re ed of obligations. This Credit is subject to the "Uniform Customs and Practice for Documentary redb," International Chamber of Commence (I ON revision), Publication No. 400 and: to the provisions of Florida law. If conflict between theUniform Cgrstorna rand Practice for Documentary Credits and Florida law should arise, Florida law shag pnwWl. #'a conflic tbeflwom the law of; arnotl* state or county and Florida law should arias, Florida law shall prevail. I (N , E OF ISSUING BANK) uthorbed Signature Type Name w Type Title HMw PB11.2= anaua4 Pwv 42 at So PREVIOUS CONTRACT NO. - -Bp KNOW ALL MEN BY THESE PRESENTS: BID NO. J-,Y.Aj That we i as Surety, are bound to the Board of County Commissioners of Browwd County, Floridan as Obligee, herslnafter called COUNTY, in the amount of Dollars ($__� for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, adm inistrators, sucoessare and assigns, Jointly and severally. WHEREAS, CONTRACTOR has by written, agreement entered Into a Contract dated'the day of with COUNTY for 2lat>4, hereinafter referred to as the Contract. which Contract is by reference, made a part hereof, and is THE CONDITION OF THIS BOND is that if the CONTRACTOR: 1. Performs the Contract between the; CONTRACTOR and the COUNTY for construction of . the Contract being made a part of this Bond by ►e!ference, at the times and in the manner prescribed in the Contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05 (1), Florida Statutes, supplying CONTRACTOR with labor, materials, or supplies, used directly or Indirectly by CONTRACTOR In the prosecution of the work provided for in the Contract; and 3. Pays COUNTY all losses, damages, expenses, costs and attorneys fees including appellate proceedings, that COUNTY sustained; and 4. Performs the guarantee of all work and materials fumished under the Contract for the time specified in the Contract, then this Bond Is void; otherwise it remains in full force. The Suretyhereby waives notice of and agrlees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes d this Bond. oes:not affect gums obligation under Whenever CONTRACTOR shall be, and declared by COUNTY to be, in default under the Contract, the COUNTY having Performed COUNTY'S obligation thereunder, the Surety may promptly remedy the default, or shall promptly (1) Complete the CONTRACT in accordance with its terms and conditions; or (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible Bidder, or, if the COUNTY elects, upon determination by the COUNTY and surety jointly of the lowest responsible Bidder, arrange for it Cdntnsct between such Bidder and COUNTY, and make available as work progresses (even trough there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cast of completion less the balance! of the Contract price; but not exceeding, including other casts and dams age for which the Surety may be liable hereunder, the amount set forth in the first � aragraph hereof. The term "balance of the Contract price," as used in this Paragraph, shall mean the total amount payable by COUNTY to CONTRACTOR under the Contract and any amendments thereto, lose the amount properly paid by COUNTY to CONTRACTOR. HHWPBI I-20M WaM Pegs 43 of 50 PREVIOUS CONTRACT NO. 49 i BID NO. -Y- . 1 AQACHMEU " D" (Continued) ORM 0"JERMWANge AND PAYMEkT BOND No right action shall accrue on this bond to or for the use of any person or corporation other than the COUNTY named herein and those persons or corporations provided for by Section 255.05. Florida Statutes, or their heirs, executors, administrators or Successors. i Any action under this Bond must be Instituted in accordance with the Notice a nd Time Limitations provisions prescrit�d in Section 256.06(2), Florida Statutes. Signed and sealed this WITNESSES: Secretary (CORPORATE SEAL) IN THE PRESENCE OF: day of A. 2004. (Name of Corporation) BY: (Signature and Title) BY: (Type Namaland Title signed above) I INSURANCE COMPANY: BY: Agent and Attomey-in-Fact Address: (Street) i (C1ty/3tate2lp Code) Telephone No.: HHW-PB11 coos 9M MID4 Pvo af 30 PREVIOUS CONTRACT NO. JAgLU71-8 71 r BID NO. �hY-03y ATTACHMENT ZERFQBMAN-!aAND PUMENT gip M JRR jM02 BLE t_E R cRERif Date of Issue Issuing 9ank's No. Sensficla Aooligant: , i Broward County through its 1 Broward County Board of County Commissioners Amount. County Administrator In United States Fund Gcvemmorftl Center 115 South Andrew Avenue Fort Lauderdale, Florida 33301 Expiry, i (Outs) i Bid/Contraot Number We hereby authorize you to draw on t a (Elank, Issuer name) (Branch Address) i by order of and for the account of (Contractor, Applicant, Customer) up to an aggregate amount, in United States Funds, of available by your draft at sight, accompanied by. (1) A signed statement from the County Administrator of Broward County, or the "Administratces authorized representative, that the drawing is due to default In performance of certain obligations on the part of (Contractor, Applicant, Customer) " agreed upon by and between Broward County an pursuant to the Bid/Contract No. (Contractor, Wplicant, Customer) for and Section 255.05, Florida Statutes. (fie of Protect) Drafts must be drawn and negotiated not later than (Expiration Date) Draft must bear the clause: "Drawn under Letter of Credit No. of dated (Number) , (Bank Name) HHW-PE1141003 MUM Pap 43 of. so !i d PREVIOUS CONTRACT NO.J41-M 07 . im BID NO, 491 AUMMMENT "E" (Continued) L.L40-1 mcq S ■ � L This Letter of Credit sets forth In full the terms of our undertaking, and such undertaking shall not in any way be modified, amended, or amplified by reference to any documents, instrument, or agreement referred to herein or to which this Letter of Credit is referred or this Letter of Credit relates, and any such reference shall not be deemed to Incorporate herein by reference any document, instrument, or agreement. We hereby agree with the drawers, endorsers and bons fide holders of all drafts drawn under and In compliance with the terms Of this credit that such drafts will be duly honored upon presentation to the drawee. Obligations under this Letter of Credit shall be released one (1) year after the final completion of the Project by the (Contractor, Applicant, Customer) and final acceptance by Broward County, This Credit is subject to the "Uniform Customs and Practice for Documentary predits." International Chamber of Commerce (1984 revision), Publication No. 400 and to the provisions of Florida law. If 8 conflict between the Uniform Customs and Practice for Documentary Credits and Florida law should arise, Florida law shalliprevail. If a conflict between the law of another state or oountry and Florida law should arise, Florida law shall prevail. (NAME OF ISSUING BAND Authorized Signature i Type Name Type Title HHW■PB11-M3 an81d1 PMe 46 of go , 1 PREVIOUS CONTAAGT NO. 071.0BID NO. ATTACHMENT, FORM OF CERTIFICATE AND AFFIDAVIT EQH 110126 UNDER ORRM-92 TO: BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY s RE: BID NUMBER BIDDER NAME ADDRESS PHONE AMOUNT OF BOND SURETY BOND COMPANY NAME ADDRESS PHONE This is to certify that, in accordance with Chapter 85-104, Laws of Florida (HB1256), the Insurer named above: Holds a certificate of authority authorizing it to write surety bonds In Florida. Has twice the minimum surplus and capital required by the Florida Insurance Code. Holds a currently valid certificate of authority issued by the United States Department of Treasury under Seotlon 9304 to 9308 of Title 31 of the United States Code. Date Signed Agent and Attorney -in -Fact AFFIDAVIT STATE OF FLORIDA ) COUNTY OF )SS 1 I Before me this day personally appeared Chief Financial Officer of who, being du i sworn, executed the foregoing Instrument and acknowledged to and before me the truthfulness and accuracy of the ry statements in the foregoing Instrument. !S Signature of person making Affidavit SWORN TO AND SUBSCRIBED before me this day of 2004 Notary Public, $fate, State of Florida PREVIOUS CONTRACT NO. AjM 071-82 BID NO.DRUG FREE V• 1 P N The undersigned vendor hereby certifies that it will provide a drug -free workplace program by: (1) Publishing a statement notifying Its employees that the unlawful manufacture, distribution, dispensing, poma"on, or use of a controlled substance is prohibited in the offeror's workplace, and speclfong the actions that will be taken against empleyaw for violations of such prohibition; (2) Establishing a continuing drug -free awareness program to Inform Its employees about: (I) The dangers of drug abuse in the workplace; (li) The offeror'@ pocky of maintaining a drug -free workplace; (ill) Any available drug counseling, rehabilitation, and employee assistance programs; and 00 The penalties that may be Imposed upon employees for drug abuse violations occurring In the workplace; (3) Giving all employees engaged in performance of the contract a copy of the statement required by subparagraph (1); (4) Notifying all employees, In witting, of the statement required by subparagraph (1), that as a condition of employment on a covered contract, the employee shall: (I) Abide by the terms of the statement; and 00 Notify the employer in writing of the employee's conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 890 or of any controlled substance law of the United States or of any state, fior a violation occurring In the workplace NO later than tine days after such conviction. (5) Notifying Broward County government in writing within 10 calendar days after receiving notice under subdivision 4 (if) above, from an employee or otherwise ra=Mng actual notice of such conviction. The notice shall Include the position title' of the employee; (b) Within 30 calendar days after receiving notice under subparagraph (4) of a conviction, taking one of the following actions with respect to an employ@@ who is convicted of a drug abuse violation Occurring in the workplace: (I) Taking appropriate personnel action against such employee, up to and including termination: or (II) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabllitetton ram approved for such purposes by a federal, state, or local health, law enforcer, prog ent, or Mh appropriate and (7) Making a good faith effort to malntualn a drug -free workplace program though implementation of subparagraphs .(1) through (Vendor signature) STATE OF (Print Vendor Name) COUNTY OF The foragoing Ineovment was acknowledged before me this day of 2004, by (Name of person who's signature is being notarized) as of Gins) (Name of Corporation/Company) known to me to be the person described herein, or who produced (TYpe of Identiflcatlon) as identification. and who dld/dld not take an oath. NOTARY PUBLIC: (Signature) (Print Name) My commission expires: HHW-P3114D3 8h9104 Pape 48 of ao PREVIOUS CONTRACT NO. J-00 071-11 BID NO. Y• 1 ■ rr CIPMEMUON QF MAMR&MVIDING MEAM910 MIMMznc The undersigned vendor hereby cables that its employee benefits policies are in com ance with 8 amended by Browani County Ordinance tk1 18, as follows: row� mY Ordinance 01 @99.03, as A. Vendor's employee benefits program includes the following minimum standards; 1. Any vendor's employes who is a parry to a domestic partnership relationship is entitled to elect insurance coverage for his or her domestic partner or a dependent of such domestic partner on the same basis In which any other Vendor's employee may elect Insurance coverMs for his or her spouse ar dependents_ A vendor's employee's right a elect Insurance cowarage for his or her domestic partner, or the partners dependent, extends to a U forms of insurance provided by the vendor to the spouses and depandertts of vand(Wa employees. 2. Any vendors employee who is a parry to a domestic partnership relationship Is entitled to use all forms of ism,pro by the vendor Including, but not limited to sick leave and annual leave to care for his or her domestic partner orvidthede dependent of the domestic partner as applicable. 3. All other benefits available to the spouses and dependents of vendor's employees are made available an the write basis to the domestic partner, or dependent of such domestic partner, of a vendor's employee who is party to a domestic Partnership relationship. 4. It is within the vendor's diaeration as to what benafrts are provided to its employees and whether vendor's em I are party to a domestic partnership relationship must be registered In &Mrdance with Browrard County Orpdlnancram who No.. 1999-03, as amended, In order to be eligible for access to employee benefits. B. The vendors domestic partnership eligibility criteria are substantially equhrsilent bo the following: 1. Each domestic partner is at least 18 years old and competent to contract. 2. Neither domestic partner Is married nor a partner to another domestic partnership relationship. 3. The domestic partners are not related by blood. 4. Consent of either domestic partner to the domestic partnership relationship has not been obtained by force, duress, or fraud. S. Each domestic partner agrees to be jointly responsible for each others basic food and shelter.. (Vendor signature) STATE OF (Print vendor name) COUNTY OF The foregoing instrument was acknowledged before me this day of by Of (Name of person whose signature Is being notarized) a9 -`-' (.ift) (Name of cc . known to me to be the person described rparatioNentlry) herein, or who produced as Identification, and who dklldid not take an oath. NOTARY PUBLIC - (Signature) (Print name) State of at large (SEAL) My Commission expires: HF1W-P5J1-2M 3haM4 Page 49 of 60 PFI VIOUS CONTRACT NO. 3,63,00 071-132 BID NO. i-Y-03r282-al TTACHMENT •I-" d H d s Waste I nd Dispapl The following coverages are deemed appropriate for minimum Insurance requirements for trill project and will be required or the selected firm and identified in the negotiated agreement. Any deviation or change during the contract negotisrticn'period shall' ba approved. by Risk Manaoamont TYPE. OF INSURANCE GENERAL L "ILITY [X1 COmmerclal General Liability [X ] Premises —Operations I XT ExplOslon A Collapse Hazard IX j underground Hazard [ Xj ProductRIComPlated Operations, Hazard K Contractual insurance [ X] Broad Form Property Damage (XI Independent Contractors [x j Personal Injury AUTO LIABILRY [X] Comprehensive Form [X 1' Owned [ X] Hired [ X ]Non -owned. J 'Any Auto EXCESS LI 11111-17rY [ ] Un,brelle For, [ ] Other than Umbrella Fo►rn [x] WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY (NOTE `) [ j PROFESSIONAL LIABILITY — E&O [ ] PROPEN I V COVERAGE!'SUIL>gRR'S RISK [ I If Project greater than $100k — inststllation floater required for replacement of material, equipment, installation, t+oola etc. All risk, agreed value. Otherwlse• contractor will be responsibly for Idols, materials, equipment, machinery etc, until completion and County takes possession. Linnam a Bodily Injury Property Damage Bodily Injury and Property Damage Combined Personal Injury Bodily Injury (each person) IBodlly Injury (each accident) Property Damage Bodily Injury and Property Damage Combined DI[ V In *40r4s*nd Each Occurrence S500K $500K of 12ollat:, AB9�eKe $5Qak Bodily Injury and Property Damage Combined [x] STATUTORY ' a+: (each accident) 3100k Maximum Deductible $ g Maximum Deductible $ Maximum Deductible Each Claim $10k deductibleI Agreed value Certificate must dhow on general liability and: Addldonal Insured, Broware County Board of County Commissioners, Broward County, Florida. Also when applicable) certificate should show B.C.B.C.0 as additlonaulneured for property, coverage/bullder's risk i Installation ftaetsr when coverages are requlred.Certificate Vust be Signed and All applicable Deductibles shown MOTS' - If the Company is exempt from Workers' Compensation Coverage, please provide a letter on mmpsny lattgrflbad a .,py,.1 me &fate's exemption which documents .this status and attachfi to the Certificate 4f Insurance for approval. If any operations are to be undertaken on or about navigable waters• coverage must be included Ear U.S. Longshomrnen a, JlapnSor v1►drk Ad/ 6 Janes Am CANCF_LL.ATIO ' Th1 3o Aa written notice of esneetlatlen required to the.CereljleslTo Holder. Fd. e a A drn" of crrtM." wersrr f Brower,) County Board of County Commissioners { r Purchasing Division, Suite 212 JV 115 South Andrews Avenue dsmene S. Goorge• Direator Fort LaudardaW. FL 33301 Risk Mariagernent Dmslon RE: lawn TYo3QV91 Pnojectllr 11l24iO3 Date Issued HHW-PB11-2003 3M W4 Page 60 of so PNEVIi, .,r 071-82 BID NO. J-4-03-282-B1 ATTACHMENT'K-" +af Ins_u.rance for Household Hazardous Waste „C, 1[Q ect[on„end Disposal Sir iv ces The following coverages are deemed appropriate for minimum insurance requirements for this project and will be required of the selected firm and identified in the negotiated agreement. Any deviation or change during the contract negotiation period shall be approved by Risk Management. TYPE OF INSURANCE GENERAL LIABILITY [X] Commercial General Liability [X ] Prernises—Operations (XI Explosion & Collapse Hazard [X I Underground Hazard [ X] Products/Completed Operations Hazard [XI Contractual Insurance [ X] Broad Form Property Damage ( X] Independent Contractors [x ] Personal Injury AUTO LIABILITY [X] Comprehensive Form [X ] Owned [ X] Hired ( X ]Non -awned [ ] Any Auto EXCESS LIABILITY [ ] Umbrella Form (] Other than Umbrella Form [x] WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY (NOTE [ ] PROFESSIONAL LIABILITY -- E&O [ ] PROPERTY COVERAGE/ BUILDER'S RISK AND FLOOD INS- [ I If project greater than $.100k — installation floater required for replacement of material, equipment, installation, tools etc. All risk, agreed value. Otherwise, contractor will be responsible for tools, materials, equipment, machinery etc, until completion and County takes possession. Limits on Liability In Thousands of Dollars Each Occurrence I Aggregate Bodily Injury Property Damage Bodily Injury and $500K $500k Property Damage Combined Personal Injury Bodily Injury (each person) ti rt p:. w = Bodily Injury In'u (each accident) ; Property Damage $500K fir, Bodily Injury and Property Damage!ii Combinedd. -Pf- .. Bodily Injury and Property Damage Combined [' ETATT a... (each accident) $leek Maximum Deductible $ $ Maximum Deductible $ Maximum Deductible $10k deductible Agreed value Each Claim o..c^MendOaenwn.Lcuionw.nw• Certificate must show on general liability and: Additional Insured: Broward County Board of County Commissioners, Broward County, Florida. Also when applicable certificate should show B.C.B,C,C as additional Insured for property coverage/builder's risk / Installation floater when coverages are required.Certificate Must be Signed and All applicable Deductibles shown NOTE " - If the Company is exempt from Workers' Compensation Coverage, please provide a letter on company letterhead Ora copy of the State's exemption which documents this status and attache to the Certificate of rsurance for approval. If any operations are to be undertaken on or about navigable waters, coverage must be Included for U.S. Longshoremen & Harbor Workers' Act/ & Jones Act CANCELLATION: Thirtv 4130 1 DA written notice of cancellation required to the.Certt cate Holder: Nam@ & Addnas of Cartificate Holder I Broward County Board of County Commissioners r Purchasing Division, Suite 212 South Andrews Avenue '=� 115 Darlene S George, Director Forr ort Lauderdale, FL 33301 Risk Management Division F RE: Bid# SY43a7D$ I Project# 11/24/03 Date Issued HHW-PB11-2003 12/17/03 Page 56 of 56 ACORD�, CERTIFICATE OF LIABILITY INSURANCE page 1 of 31021 DATE 10/2004 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis North America, Jac. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. 0. Box 305191 Nashville, TN 37230-5191 INSURERS AFFORDING COVERAGE INSURED gp Florida, Inc. INSURERA Commerce sad Indust I 7202 seat eth Ave. Tampa, FL 33619 P1 nsurance comp—comp—y 19410-006 INSURER8: Caminezco and Induct T.—I—ce comany 19410-001 INSURERC:American International Specialty Lines In 26883-002 INSURER 0: American International SpecialtySpacialty Lines Ia 26883-007 INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE; AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL, THE TERMS, EXCLUSIONS AND CONDITIONS U SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCE) BY PAID CLAIMS. iR TYPE OF INSURANCE POIJCY NUMBER POLICY EFFECTIVE POLICY EXPIRATI TE (MMIDONYI DATE fMMJDONY GENERALUABIUTY GL4177902 8/1/2003 8/1/2004 COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: H AUYOMOBILE LIABILITY CA7 6 6 5 2 9 5 ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS X NON-OWNEDAUTOS GARAGE LIABILITY AANYAUTO C MESSLIABILITY❑ JUL8086095 OCCUR CLAIMS MADE DEDUCTIBLE A IWORKERS COMPENSATION AND I WC9680369 EMPLOYERS' LIABILITY 8/1/2003 18/1/2004 8/1/2003 18/1/2004 1/1/2004 11/1/2005 I, OTHER pIS26735 0 a 1 2002 Pollution Legal Liability DESCRIPTION OF OPERATIONSA.00ATIONSNENICLESIEXCLUSIONS ADDED BY ENOORSEMENT/SPECIAL PROVISIONS See Attached. ON LIMITS EACH OCCURRENCE f O O 0 FIRE DAMAGE ens fire) f 00 NEDEXP( oneperson) 1 25 000 PERSONAL& AOV INJURY 1 1 00 000 GENERAL AGGREGATE f 2 000 0 0 PRODUCTS -COMPIOPAGG 1 2 000 0 0 COMBINED SINGLE LIMIT (52aoddenq S 1,000,000 BODILY INJURY (Perpenon) S BODILY INJURY S (Paracddenq PROPERTY DAMAGE f (Per accidenq AUTO ONLY -EA ACCIDENT S OTHER THAN EA ACC f AUTOONLY: AGG f EACH OCCURRENCE f 0 0 0 0 0 AGGREGATE f 0 0 0 0 0 0 0 s f f WC S7ATU. pTH- TORVV IMIT R E.L EACH ACCIDENT S 500 000 E.LDISEASE-EAEMPLOYEE f 5 00 E.L.DISEASE -POLICY LIMIT f sqg. 000 $24,000,000 Bach Claim $28,000,000 Aggregate CERTIFICATE HOLDER ADDITIONAL INSURED: INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Broward County Hoard of County Conmission REPRESENTATIVES. 115 South Andrews Avenue AUTHORIZEDREPRESENTATNE: Ft. Launderdale, FL 33301 ACORO 2S-S (7/97) C011:918097 Tp1:240684 Cext:4042282 OACORD CORPORATION 1988 CERTIFICATE HOLDER ADDITIONAL INSURED: INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Broward County Hoard of County Conmission REPRESENTATIVES. 115 South Andrews Avenue AUTHORIZEDREPRESENTATNE: Ft. Launderdale, FL 33301 ACORO 2S-S (7/97) C011:918097 Tp1:240684 Cext:4042282 OACORD CORPORATION 1988 F W1111S CERTIFICATE OF LIABILITY INSURANCE page 2 of 3 02/10/2004 isRooucER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis North America, Inc. HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 305191 Nashville, TN 37230 -5191 INSURERS AFFORDING COVERAGE INSURED 3Q Florida, Inc. WSURER A Commerce and Indust Insurance Com axs 19410-p06 7202 East 8th Ave. Tampa, FL 33619 INSURERS: Commerce and Industry Insurance Com am 19410-001 INSURERC:American International Specialty Lineo in 26883-002 WSURERQ:American International Specialty Linea In :6883-007 Excess Umbrella Policy No. AW9550239 8/l/03 - 8/1/04 Issuing Carrier: Allied World Assurance Company $6,000,000 Each Occurrence $6,000,000 Aggregate Excess Umbrella = Policy No. 9550239 8/1/03 - 8/1/04 Issuing Carrier: Lexington Insurance Company $9,000,000 Each Occurrence $9,000,000 Aggregate . Certificate Holder is an Additional Insured as respects the General Liability policy, and a Waiver of Subrogation is in favor of Certificate Holder, as required by written contract and as their interests appear. Both provisions are limited to the liability arising out of the operations of the Named Insured. Coll:918097 Tp1:240684 Cert:4042282 Page 3 of 3 IMPORTANT If the certificate .holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (7197) C011:918097 1p1:240684 Cert: 4042282