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01/19/2012 Agreement
DANNYL. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: January 27, 2012 TO: Dent Pierce, Director Public Works Division ATTN. Beth Leto, Assistant Director Public Works Division ` FROM: Isabel C. DeSantis, D.C. At the January 19, 2012 Board of County Commissioner's meeting, the Board approved the following: Item CI 1 Contract with Intercon Solutions for transportation, de -manufacturing, recycling (processing) and/or proper disposal of electronics (E-Waste), fluorescent bulbs, batteries and other residual materials. Enclosed please find a duplicate original of the above -mentioned for your handling. Should you have any questions, please do not hesitate to contact this office. cc: County Attorney Finance File CONTRACT FOR PICK-UP, TRANSPORTATION, DEMANUFACTURING AND RECYCLING OF ELECTRONICS, FLUORESCENT BULBS, BATTERIES AND OTHER RESIDUAL MATERIALS THIS CONTRACT, for the pickup, transportation, de -manufacturing and/or recycling of electronic waste, fluorescent bulbs, batteries and other residual materials (see Attachment A, Price List) from the Cudjoe and Long Key Transfer Stations is entered into on this 19th day of January 2012, by and between the Board of. County Commissioners of Monroe County, Florida (hereafter "COUNTY" or `BOARD"), whose, address is 1100 Simonton Street, Key West, FL 33040, andati tereon-Solutions; Inc -;;,_(hereafter "CONTRACTOR") whose corporate address is 1001-59 Washington Avenue, Chicago Heights, Illinois 60411, and Florida address is 5905 Johns Road, Tampa, Fl. 33684.. WHEREAS, the Florida Department of Environmental Protection strongly recommends recycling and or proper disposal of all unwanted electronic products such as televisions, computers, cell phones and all residuals; and WHEREAS, mercury containing lamps (MCLs) and devices (MCDs) have become the largest sources of mercury in Florida's municipal solid waste (MSW) stream. Mercury is used in everyday products like fluorescent lamps, thermometers, thermostats, blood pressure manometers and pleasure boat bilge pump float switches. The mercury from these discarded products can contaminate the air, surface water and ground water, and WHEREAS, under Florida law, it is illegal to discard nickel -cadmium or small sealed lead acid rechargeable batteries (car, truck, boat) or products containing such rechargeable batteries in the trash; and WHEREAS, CONTRACTOR proposes to pick up, transport, de -manufacture, recycle and/or properly dispose of the above mentioned materials, issuing certificates of recycling to the COUNTY upon completion of the material's recycling process. NOW THEREFORE, IN CONSIDERATION OF the mutual promises contained herein, the parties agree as follows: I. TERMS OF CONTRACT: The term of the CONTRACT shall be from January 1, 2012 to September 30, 2014, a period of thirty- three (33) months. Unless either party has given the other written notice of non -renewal at least sixty (60) days prior to the end of the initial CONTRACT period, the CONTRACT term shall automatically be extended for one (1) additional two (2) year term. This CONTRACT may otherwise be terminated as detailed in Section XVII and Section XVM. 11. FEES/AVAILABILITY OF FUNDS/COSTS: Fees under this CONTRACT will be set forth on Attachment A (Price List), attached hereto and incorporated herein. The funds to be paid are subject to annual appropriation by the Monroe County Board of County Commissioners. If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified herein, this agreement may be terminated immediately at the option of the COUNTY by written notice of termination delivered to the CONTRACTOR. The COUNTY shall not be obligated to pay for any services or goods provided by the CONTRACTOR after the CONTRACTOR has received written notice of termination, unless otherwise required by law. This contract shall not exceed $25,000 annually. III. PAYMENT: Request for payment will be made by submitting an invoice to the COUNTY via the Solid Waste Management Office. The period covered by each request for payment shall be one calendar month ending on the last day of the month. Each request for payment shall be based upon the price list submitted by the CONTRACTOR/Attachment A. COUNTY shall pay pursuant to the Local Prompt Payment Act, F.S. 218.70. The CONTRACTOR's final invoice must be received within sixty days after the termination date of this CONTRACT shown in Article I. IV. NO SOLICITATION/PAYMENT: The CONTRACTOR and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this CONTRACT and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate this CONTRACT without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. V. MAINTENANCE of RECORDS: CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this CONTRACT in accordance with generally accepted accounting principles consistently applied. Each party to this CONTRACT or their authorized representative, or its designee, shall have reasonable and timely access to such records of each of party to this agreement for public record purposes during the term of the agreement and for four (4) years following the termination of this CONTRACT. If an auditor employed by the COUNTY or Clerk determines that monies paid to contractor pursuant to this CONTRACT were spent for purposed not authorized by this CONTRACT, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 550.03, F.S., running from the date the monies were paid to CONTRACTOR. VI. SCOPE OF SERVICE A. Overview 1. STAFF: Monroe County employees will collect and package the electronics for pick up by the CONTRACTOR. 2. CONTRACTOR or his agent will be responsible for loading of the materials and transporting the same to the CONTRACTOR's location. 2 3. COMPLIANCE WITH LAW: The CONTRACTOR will process the electronic waste and other materials in accordance with Local, State and Federal regulations. 4. CONTRACTOR will provide certificates of recycling to the COUNTY upon completion of the material's recycling process. B. Reports: The CONTRACTOR shall conduct their services within the boundaries of Monroe County (including all municipalities within the COUNTY): By no later than February 1, of each contractual year, the COUNTY must receive a report of the total amount of materials transported from the COUNTY and recycled by the CONTRACTOR. 2. Reports shall be delivered to: Rosa S. Washington Senior Administrator Monroe County Solid Waste Management Public Works Division Historic Gato Building 1100 Simonton St., Rm. 2-231 Key West, Fl. 33040 C. HURRICANE OR OTHER NATURAL DISASTERS: Within seven (7) days following the event of a hurricane or any natural disaster CONTRACTOR shall contact the COUNTY to schedule the removal, recycling and or disposal of any material listed on Schedule A, if needed, or to schedule future materials pick-ups. VI1. CONTRACTOR'S LICENSE: The CONTRACTOR shall secure, maintain and pay all applicable fees for any permits and licenses necessary to implement this program. VIII. INDEMNIFICATION AND HOLD HARMLESS: The CONTRACTOR covenants and agrees to indemnify and hold harmless COUNTY/Monroe County and Monroe County Board of County Commissioners, its officers and employees from liabilities, damages, losses and costs, including but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of any and all claims for bodily injury, including death, personal injury, and property damage, including property owned by Monroe County, and any other losses, damages, and expenses, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by the CONTRACTOR, subcontractor(s) and other persons employed or utilized by the CONTRACTOR in the performance of the contract. Subcontractor(s) in. any tier, occasioned by the negligence, errors, or other wrongful act or omission of the CONTRACTOR in any tier, their employees, or agents. The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this CONTRACT. IX. SECTION HEADINGS Section headings have been inserted in this CONTRACT as a matter of convenience of reference only, and that it is agreed that such section headings are not a part of this CONTRACT and will not be used in the interpretation of any provisions of this CONTRACT. X. SUCCESSORS AND ASSIGNS The CONTRACTOR shall not assign or subcontract its obligations under this CONTRACT except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONTRACTOR, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this CONTRACT. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assignees and legal representatives to the other and to the successors, assigns and legal representatives of such other party. The CONTRACTOR shall not assign its right hereunder, excepting its right to payment, nor shall it delegate any of its duties hereunder without the written consent of the COUNTY. XI. NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. XII. GOVERNING LAW, VENUE, INTERPRETATION, COST AND FEES This CONTRACT shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this CONTRACT, COUNTY and CONTRACTOR agree that venue will lie in the 16'b Judicial Circuit, Monroe County, Florida. This CONTRACT shall not be subject to arbitration. The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations of the terms or a term of this CONTRACT by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. XIII. NON-DISCRIMINATION: COUNTY and CONTRACTOR agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. COUNTY and CONTRACTOR agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VHl of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 13, Art. V1, prohibiting discrimination on the bases of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this CONTRACT. XIV. PUBLIC ACCESS The CONTRACTOR and COUNTY shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CONTRACTOR and COUNTY in conjunction with this Contract; and the COUNTY shall have the right to unilaterally cancel this Contract upon violation of this provision by CONTRACTOR. XV. PUBLIC RECORDS: The CONTRACTOR shall comply with the Public Records laws of the State of Florida, subject to any provisions providing exemption from .disclosure. XVI. BREACH OF TERMS BY CONTRACTOR: The passing, approval, and/or acceptance by the COUNTY of any defect in the services furnished by the CONTRACTOR, shall not operate as a waiver by the COUNTY of strict compliance with the terms of this CONTRACT, and specifications covering the services. COUNTY may immediately terminate the CONTRACT due to any violations by CONTRACTOR of criminal statutes. Any other CONTRACTOR breach of this CONTRACT shall be governed by the article below on termination for cause. XVII. TERMINATION WITHOUT CAUSE: The COUNTY may terminate this agreement without cause by providing the CONTRACTOR with written notice of termination at least sixty (60) days prior to the date of termination. The COUNTY shall pay for any such work in progress that is completed by the CONTRACTOR and accepted by the COUNTY prior to the date of termination stated in the notice. XVIII. TERMINATION WITH CAUSE: The COUNTY and the CONTRACTOR may terminate this agreement for cause if there is a default in the performance of any of its obligations under this agreement. Default shall include the occurrence of any one of the following events and same is not corrected to the satisfaction of the COUNTY or CONTRACTOR within fifteen (15) days after written notice of said default for either of the following: A. Failure to perform inspections. B. Breach of any other term, condition or requirement of this agreement. XIX. DISCLOSURE AND CONFLICT OF INTEREST: A. The CONTRACTOR represents that it, its directors, principles and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sect. 112.311, et. seq., Florida Statutes. B. Upon execution of this contract, and thereafter as changes may require, the CONTRACTOR shall notify the COUNTY of any financial interest it may have in any and all contracts with Monroe County. XX. NON -WAIVER OF IMMUNITY: Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONTRACTOR and the COUNTY in this CONTRACT and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. XXI. PRIVILEGES AND IMMUNITY: All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this CONTRACT within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. XXII. FINANCIAL RESPONSIBILITY: The CONTRACTOR shall not pledge the COUNTY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. XXIII. NO PERSONAL LIABILITY: No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this CONTRACT or be subject to any personal liability or accountability by reason of the execution of this CONTRACT. XXIV. NOTICE REQUIREMENT: Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY: Monroe County Administrator and Dent Pierce, Director and County Attorney 1100 Simonton Street Monroe County Public Works 1111 12� St., Suite 408 6 Key West, FL 33040 FOR CONTRACTOR: Ossie Ally Business Development Intercon Solutions, Inc. 1001 Washington Avenue Chicago Heights, IL 60411 XXV. TAXES: 1100 Simonton St., Rm. 2-231 P.O. Box 1026 Key West, FL 33040 Key West, FL 33041 and Nick Erickson Director of Operations Southern Region Intercon Solutions, Inc. 1001 Washington Avenue Chicago Heights, IL 60411 The COUNTY is exempt from payment of Florida State Sales and Use taxes. XXVI. SEVERABILITY If any term, covenant, condition or provision of this CONTRACT (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Contract, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Contract shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Contract would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the CONTRACT to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. XXVI1. ATTORNEYS FEES AND COSTS The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this CONTRACT, the prevailing party shall be entitled to reasonable attorney's fees and court costs expenses, as an award against the non -prevailing party, and shall include attorney's fees and courts costs expenses in appellate proceedings, as an award against the non -prevailing party. Mediation proceedings initiated and conducted pursuant to this CONTRACT shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. XVIII. BINDING EFFECT The terms, covenants, conditions, and provisions of this CONTRACT shall bind and inure to the benefit of the COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. XXIX. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this CONTRACT have been duly authorized by all necessary COUNTY and corporate action, as required by law. XXX. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be 7 resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this CONTRACT or by Florida law. This provision does not negate or waive the provisions concerning termination or cancellation. XXXI. COVENANT OF NO INTEREST CONTRACTOR and COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. XXXII. CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts, doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. XXXIII. PUBLIC ENTITIES CRIMES A person or affiliate who has been place on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this CONTRACT, CONTRACTOR represents that the execution of this CONTRACT will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes), violation of this section shall result in termination of this CONTRACT and recovery of all moneys paid hereto, and may result in debarment from COUNTY'S competitive procurement activities. In addition to the foregoing, CONTRACTOR further represents that there has been no determination, based on an audit that it or any subconsultant has committed an act defined by Section 287.133, as "public entity crime", and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONTRACTOR has been placed on the convicted vendor list. XXXIV. AUTHORIZED SIGNATORY: The signatories below represent that they have full authority to execute this agreement on behalf of their respective agencies. ENTIRE AGREEMENT! This CONTRACT constitutes the entire ab eentent between the COUNTY and the CONTRACTOR 'for the services contemplated herein. Any amendments or revisions to this CONTRACT must be in v&Titing and be executed in the smite manner as this CONTRACT. IN WITNESS WHEREOF the parties hereto have executed this CONTRACT can the day and date first written. above. Attest'. TIYL }lC?LNACE,. CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY_, FLORIDA By. By: Deputy Clerk M• thr/Chairnza�, _ (SEAT) Attest: Bv: . Title: _ By: Title: WITNESS WITNESS c- o �= L C, - LL1 . 3` e �' L.✓ r l'4f d .1J I( -y� 'c"'S ... �l.s%��!..�JJ� 9 XXXV. ENTIRE AGREEMENT: This CONTRACT constitutes the entire agreement between the COUNTY and the CONTRACTOR for the services contemplated herein. Any amendments or revisions to this CONTRACT must be in writing and be executed in the same manner as this CONTRACT. IN WITNESS WHEREOF the parties hereto have executed this CONTRACT on the day and date first written above. (SEAL) Attest: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairman (SEAL) CONTRACTOR Attest: By: By: WITNESS Title: Title: Lo WITNESS Title: MrjNR0E COUNTY ATTC dXF-:`,' APPROVED AS TO POR11-9: CHRISTINE M.'CI1v1YERT-BARROUJS ASSISTANT COUNTYATTORNEY Date 9 Intercon SOLu IONSO The Solution. to Your E-Waste Problem Price List: Description Unit Price Printers No Charge Copiers No Charge Peripherals No Charge Printed Circuit Boards No Charge CPUs No Charge Phones/Cells No Charge DVDNCR/Gaming Systems No Charge UPS No Charge Modems/Servers No Charge Fax Machines/Scanners No Charge Stereos/Radios/Clocks No Charge Irons No Charge Hair dryers No Charge Cameras No Charge TVs $0.15 per pound Monitors and Terminals $0.15 per pound Microwaves $0.15 per pound Fluorescent Lamps $0.25 per bulb Crushed Fluorescents $290.00 per 55 Gallon Steel Drum Light Bulbs $0.25 per bulb Household Batteries $0.25 per pound Industrial Batteries $0.25 per pound Laptop Batteries $0.25 per pound Car/Boat Batteries $0.25 per pound Rechargeable Batteries $0.25 per pound Lead Acid Batteries $0.25 per pound Other Fees: Attachment A Monroe County Hauling & Processing of Electronic Waste, Components & Process Residuals Description Price Transportation - (Doesn't apply to Collection Events) $600 per pick up Gaylord Boxes and Pallets Shipping Charge Only (Tampa to Monroe County) Labor - Collection Events Only $100 per laborer/day Drop Trailer - Collection Events Only (Includes drop and transportation) $1500 per trailer Corporate Headquarters: 1001-59 Washington, Chicago Heights, Illinois, 60411. Phone: 708-756-9838 Toll Free: 888-452-5642 Fax: 708-756-4094 Web: www.interconrecycling.com Illinois — California — Florida — Missouri — Texas — Toronto — Vancouver — London SWORN STATEMENT UNDER ORDINANCE NO: 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE � warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3..of Ordinance No. 10-1990. For breach or violation of this provision the County ' may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. (signature) Date:. 0/2-2/11 STATE OF COUNTYOF l� PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this day of , 20 /1 NOTARY PUBLIC My commission expires: l OMB - MCP FORM #4 �•,•1�ayPU,a,, ENGELBERT M. NIEVES ,•r°• .`�• Notary Public - State of Florida ' • : •? My Comm. Expires Jul 28. 2014 P� :y. °•' Commission # EE 12853 Bonded Through National Notary Assn. 24 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5.' Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. - 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. STATE .OF R nr i A Q 99 (Signature of Respondent) COUNTY OF Date PERSONALLY APPEARED BEFORE ME, the undersigned authority, N10bt4:S T I�S�r'>—� who, after first being sworn by me, (name of individual signing) afXixed his/her signature in the space provided apove on this LJ PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been. placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." By executing below, proposer states that he/she/it is in STATE OF I I or i (lq ondent) COUNTY OF LC,° Q122_ / 11 DATE PERSONALLY APPEARED BEFORE ME, the undersigned authority, %VL,CGTZ�i�3 a° who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this day of �LJ� , 201 r NOTARY My commission expires: -77-t// /�4 ,�����;; pia%� E GELBERT M. NIEVES �•� *o, NotaryPublic - State of Florida ®•� My Comm. Expires Jul 28, 2014 ,o 11, op��;' Commission # EE 12853 Bonded Through National Notary Assn: 26 a s% si r% ar /iVunq.. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 01/23/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policles may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER T.A. Cummings Jr. Company 4153 Main St. Skokie, IL 60076 CONTACT NAME: Lco,"N ,Ext): 847.679.7350 �.(A/C No): 847.679. 7361 EMAIL ADDRESS: PRODUCER CUSTOMER tD INSURER(S) AFFORDING COVERAGE _ NAIC # INSURED INTERCOM SOLUTIONS, INC. 1001-59 WASHINGTON CHICAGO HEIGHTS, IL 60411 INSURERA: Sentinel Insurance- Company 11000 B: Hartford Accident and indmnity 22357 -INSURER INSURERC. INSURER D: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 2011-2012 Master REVISION NUMBER: THIS IS TO CERTIFY THAT 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 OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IAOpL;SUBR POLICY EFF POLICY EXP LIMITS LTR I — TYPE OF INSURANCE ! INSR t WVD POLICY NUMBER MM/p01YYYY MM/DD/YYVV GENERAL LIABILITY X 83SBAFV6497 06/3012011 06/30/2012 EACH OCCURRENCE $ 2,000,000 X � COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED e ncaurf8ryC9) $ _ 1 , UOU r ODU CLAIMS -MADE f OCCUR ji' MEO EXP (Any one person) $ - 10,000 A MV PERSONAL & ADV INJURY 2,000,000 I I _,__.$_ I GENERAL AGGREGATE $ 41 UUO , OCT f ; PRODUCTS - COMP/OP AGG $ 4,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: X i POLICY JECT LOC i i $ AUTOMOBILE LIABILITY X 83SBAFV6497 06/30/2011 06/30/2012 ! COMBINED SINGLE LIMIT $ _.. (Ee accident) 2,000,000 - _ BODILY INJURY (Per person) ANY AUTO $ ALL OWNED AUTOS AP RV RO)✓F�D BY ISK ✓ BODILY INJURY (Per accident) $ L A 1 --,,, - X SCHEDULED AUTOS HIRED AUTOS DA in/Aly E - 1 A _^ PROPERTY DAMAGE (Per accident) _ _ f $ X NON -OWNED AUTOS $ I UMBRELLA LIAR X I occuR 83SBAFV6497j 06/30/2011 06/30/2012 EACH OCCURRENCE is 3,000,000 A}— J EXCESS LIAR CLAIMS -MADE AGGREGATE _- , i $ 3,000,000 DEDUCTIBLE It $___.. j X 10 RETENTION $ r00 ! I $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN 83WKPX640 106/30/2011 06/3012012 X i ORYLIMITS _IOER -- ^- -- B 1 ANY PROPRIETOR/PARTNER/EXECUTIVE ) N / A I E,L. EACH ACCIDENT - $ 1,000,000 j El DISEASE - EA EMPLOYEE $ 1,000,000 OFFICERIMEMBER EXCLUDED? (Mandatory In NH) i ' E.L. DISEASE - POLICY LIMIT $ 11000,000 If yes, describe under DESCRIPTION OF OPERATIONS below i 1! I j DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule If more apace Is required) onroe County Board of County Commissioners is named as additional insured as it pertains to the liability eneral and automobile policies per written contract requried. ubject to policy terms and conditions. UtK 111-JUA 1 r- MULUCK VHIYVCLLA I IV IV Monroe County Board of County Commissioners 1100 Simonton St Key! West, FL 33040 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Scott Cummings/FULD00 ©1988-2009 ACI All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD