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Item C06MEETING DATE- MMA_2015 DIVISION: Public Ttef�Vff%G BULK ITEMYes X No DEPARTMENT: Solid Waste Mamement iji i 11 ir�� i 11 11 11*610MLO�Wfm I i AGENDA ITEM WORDING: Approval of first amendment to agreement with Perma-Fix of Florida, Inc. for hazardous waste sheds cleaning and disposal services. ITEM BACKGROUND: As part of the County's Hazardous Waste Collection and Disposal Program two storage sheds (Cudjoe Key and Long Key) must be emptied and the material must be recycled or properly disposed. Routine and special hazardous waste collection events have proven very successful in terms of the P PREVIOUS RELEVANT BOCC ACTION: On July 18, 2012, the BOCC awarded the bid and contract-ti., Pe-wa-Fix.. CONTRACT/AGREEMENT CHANGES: Updates the hazardous materials price list (Attachment A to the agreement), increases annual contract amount from $36,000/year to $55,000/year, and amends Section VIR of the agreement concerning maintenance, access and retainage of public records as required pursuant to F.S. 119.0701. 103r.1112 W 07-N 1 0. =. COST: $55,M/ INDIRECT COST: n/a BUDGETED: Yes x No Acct. 414-4411i'10-530340 ■.111 11 Wl a I i ai A 2 Zvi■ COST TO COUNTY: same SOURCE OF FUNDS. SW Mciaj assessment REVENUE GENERATED: Yes No x APPROVED BY: Co. Atty.; 0 /PurAing: Risk Management: DOCUMENTATION: INCLUDED: -A Wr R3 �ffl NOT REQUIRED: AGENDA ITEM #: n�,� Contras —PERMA-FIEK OF FLORIDA, INC. Contract # Effective Date- 07/1812012 Expiration Date: 09118/2015 Contract Purpose/Dcscription: First amendment to contract Contract Manager: Beth Leto 4560 Public Works - #I (Name) (Ext.) (Department/Stop #) 1 Fmaouslar, M—m-gyr. �' a p2mNLIEW Agenda Deadline: May 5, 2015 D 101111II, -116TC01103R Total Dollar Value of Contract: $55,0001 Current Year Portion: $ same Account Codes: 414-40000-530340 Budgeted? Yes No Grant* $ County Match: $ ADDIMONAL COSTS Estimated Ongoing Costs. $—ji&—/yr. For: (Not included in dollar value above) (e.p— maintenance, utilities, janitorial, salaries. etc. Changes Date Out Division Director to In Needed Yes El N.Eg' Reviewer q4L�& LIS Risk Management Yes[ NoE3 O.M.B./PurchiLg 9 1 � 'D Y.[J No[R] County Attorney Yes® No LLL16r �k! Comments: FIRST AVW.NDNWNT TO AGREEMEENT [JJL4U* 01COUT'Ifflej, storage sheds (CudjoMey and Long & y) must be emptied and the matertal Must be recycled or property disposed of; and WFIEREAS, routine and special hazardous waste collection events have proven very successful and are generating increased collections and new items, which increases overall costs; and I TwbYVIVY11 i I h - I I KV TH 9"M 7 1. Effective May 1, 2015, Section H of the Agreement shall read as follows: a t I fir IV ITT t I K %W ILTA 3. In all other respects, the remaining terms of the Agreement entered into on July 18, 2012, shall remain if full force and effect. IN WITNESS WHEREOF, the parties have caused these presents to be executed in the respective names. Attest: AMY HEAVELIN, CLERK LN Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairman Date: PERMA-FIX of FLORIDA, INC. By: "resident Date: ................ CYNTHIA D. TRIBBY Notary Public - State of Florida My Comm, Expires Aug 4. 2018 %;;,o �� d•'� Commission # FF 113813 MONROE COUNTY ATTORNEY APPROVED AS TO FORM: CHRISTIN M. LIMBERT-BARROWS ASSISTANT COF1 Y fj!_ ATTORNEY Date .. ..,..�._.._„.. ATTACHMENT A 05/20/2015 The bidder proposes the following services to Monroe County t"or the following costs, COSTS FOR COLLFuriON AND PACKAGING Perma-Fix Environmental Services, Inc. proposes to conduct two (2) household hazardous waste collection events from the two Monroe County permanent collection centers per year or on as as -needed basis, The bidder proposes to provide household hazardous waste collection and packaging services to Monroe County with. the following proposed level of staffing - Project Manager I Chemist I Technician 1. Perma-Fix Environmental Services, Inc. proposes to provide household hazardous waste collection and packaging services to Monroe County for a fee off . per eight - hour day, Perma-Fix proposes to charge the County a fee of $0.00 per hour for services performed in excess of eight hours per day. COSTS FORT l` P TATION AND DISPOSAL Perma-Fix anticipates that the County will generate the following types of wastes and proposes to charge the County the following -fees for the transportation and disposal of these wastes. Tlze prepose d Lab Packpricing includes all containers, packi media Ing (e.g. iermicufite), and all necessary labels. The management of all wastes will be limited to the following disposal options. The proposer has identified the intended disposal method for each waste type using the following codes: (T) Hazardous Waste Treatment (L) Hazardous Waste Landfill (Subtitle C) (1) Hazardous Waste Incineration (F) Hazardous Waste Fuels Blending (R) Recycling 1) Flammable Liquid, Low Chlorine,, Bulk Size of Container Disposal Method Cosi 55 Gallon F $86.60 30 Gallon F $65.50 5 Gallon F $25.00 2) Flammable Liquid, High Chlorine, Bulk Size of Container Disposal Method Cost 55 Gallon F $86.60 30 Gallon F $65.50 5 Gallon F $25.00 3) Flai-amable Liquid, Low Chlorine, Lab Pack Size of Container Disposal Method Cost 55 Gallon F $75.00 30 Gallon F $75,00 5 Gallon F $35A 4) Flammable Liquid, High Chlorine, Lab Pack Size of Container Disposal Method Cost 55 Gallon F $75-00 30 Gallon F $75.00 5 Gallon F $35.00 5) Flammable Liquid, Poison, Bulk Size of Container Disposal Method Cost 55 Gallon 1 $595.60 30 Gallon I 5,50 5 Gallon l 150.40 6) Flammable Solids, Lab Pack Size of Container Disposal Method Cost 55 Gallon F/I $282.75 30 Gallon F/I $230.15 5 Gallon F/I $104.50 7) Aerosol Cans Size of Container Disposal Method Cost 55 Gallon $281.60 30 Gallon I 19.50 5 Gallon l 79.40 8) Hazardous Waste, Liquid or Solid, Lab Pack Size of Container Disposal Method Cost 55 Gallon F/L/T/I $100.00 30 Gallon F/L/T/l $75.00 5 Gallon F/L/T/l $60.00 9) Poisonous Material, Liquid or Solid, Lab Pack Size of Container Disposal Method Cost 55 Gallon F/T/l $195.00 30 Gallon F/T/l $145.00 5 Gallon F/T/I $50.00 10) Corrosive Material, Lab Pack Size of Container Disposal Method Cost 55 Gallon T $75.00 30 Gallon T $75.00 5 Gallon T 11) Oxidizers, Liquid, Bulk Size of Container Disposal Method Cost 55 Gallon T $425.00 30 Gallon T $325.00 5 Gallon T $135.00 12) Oxidizers, Liquid or Solid, Lab Pack Size of Container Disposal Method Cost 55 Gallon I/T $482.75 30 Gallon I/T $380.15 5 Gallon I/T $144.50 13) Pesticides or Herbicides, Liquid or Solid, Lab Pack Size of Container Disposal Method Cost 55 Gallon 1 $281-60 30 Gallon I .50 5 Gallon $104.40 14) Cyanides or Sulfides, Lab Pack Size of Container Disposal Method Cost 55 Gallon I/T $175.00 30 Gallon IJT $175.00 5 Gallon I/T $144.50 15) Batteries, Dry Cell Size of Container Disposal Method Cost 55 Gallon R $0.60/lb 30 Gallon R $0.60/lb 5 Gallon R $0.60/lb Size of Container Disposal Method Cost 55 Gallon R $159.75 30 Gallon R $107,15 5 Gallon R $64.50 17.) Antifreeze, Lab Pack Size. of Container Disposal Method Cost 55 Gallon R $75,00 30 Gallon R $75.00 5 Gallon R $45.00 18) Used Oil Size of Container Disposal Method Cost 55 Gallon R $54.00 30 Gallon R $45.00 5 Gallon R $310.00 19) Antifreeze, Bulk Liquid Size of Container Disposal Method Cost 55 Gallon R $75.00 30 Gallon R $75.00 5 Gallon l 45.00 20) Latex Paint, Bulk Liquid Size of Container Disposal Method Cost 55 Gallon T/L $107.00 30 Gallon T/L $85.00 5 Gallon T/L $15.00 2 1) PCB Liquids, Bulk Size of Container Disposal Method Cost 55 Gallon R/I $685,00, 30 Gallon R/I $495.00 5 Gallon RA $250'.00 2 1) PCB Solids, Bulk Size of Container Disposal Method Cost 55 Gallon R/I $395�00 30 Gallon RA $295.00 5 Gallon R/I $20�O00 23) Dioxins, Liquid or Solid, Lab Pack (HHW Exempt Dioxins Only) Size of Container Disposal Method Cost 55 Gallon $100.00 30 Gallon I 75.00 5 Gallon $50.00 24) Non -Regulated Soaps, Polishes and Others Size of Container Disposal Method Cost 55 Gallon R/I $107.00 30 Gallon R/I $85.00 5 Gallon R/I $50.00 25) Mercury Metallic, Lab Pack Size of Container Disposal Method Cost 55 Gallon R $250.00 30 Gallon R $25U0 5 Gallon R $209.50 Size. of Container Disposal Method Cost 55 Gallon F $183.00 30 Gallon F $148.00 5 Gallon F $35.00 27) Flarm-nable Solids, Bulk Size of Container Disposal Method Cost 55 Gallon F/I $22&75 30 Gallon F/I $168.15 5 Gallon F/I $70.50 28) Flammable Liquid, High Water, Bulk Size of Container Disposal Method Cost 55 Gallon F/I $193.60 30 Gallon F/I $153,50 5 Gallon F/I $35.00 29) Corrosive Material, Bulk Size of Container Disposal Method Cost 55 Gallon T $262.60 30 Gallon T $215.50 5 Gallon T 30) Hazardous Waste, Liquid or Solid, Bulk Size of Container Disposal Method Cost 55 Gallon T'/F/I/lam $254.00 30 Gallon T/F/I/L $207.00 5 Gallon T/F/l/L $80.00 1) Dioxins, Liquid or Solid, Bulk (From Non -Exempt Industrial Sources) Size of Container Disposal Method Cost 55 Gallon F $15.75/lb(35OIbmi.n) 30 Gallon F $15-75/1b (2200 lb min) 5 Gallon F $15.,75/lb (50 lb min) 32) Sha:rps, Bulk =I 30 Gallon 16 Gallon 8 Gallon 2 Gallon LONG KEY TRANSFER STATION, and CUDiOE TRANSFER STATION, MONROE COUNTY, FLORIDA This Contract is made and entered into this 18th day of July 2012, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and PERMA-FIX OF FLORIDA, INC. ("CONTRACTOR"), a Florida Corporation, whose address is 1940 NW 670' Place, Gainesville, Fl. 326S3 and mailing address 8i302 Dunwoody Place, #250, Atlanta, GA 30350 WHEREAS, As part of Monroe County's Hazardous Waste Collection and Disposal Program, the mftp� ganx I �p�itzqx;*4 Vregip- must be em tied and the material must be either recycled or properly disposed of; and WHEREAS, shed cleaning events will occur on a semi-annual basis (between May and July) with ihe report submitted to Monroe County within thirty (30) days of the cleaning event,, and WHEREAS, Contractor shall properly recycle and or dispose of Hazardous Waste collected du i ring States Environmental Protection Act (EPA) and provide the County a Certificate of Disposal, Indicating Final Disposal Site and Method of Disposal, for each and every waste generated through this program Sirdli 0' W4 7hundred twenty = calendar days of the Manifest date. 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 f rom July 18, 2012 to September 18, F.015, a period of thirty-eight (36) 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 XX. FEES/AVAILABIUTY OF FUNDS/COSTS: Fees under this CONTRACT will be set forth on Attachment A (Price List), attached hereto and incorporated hereini 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 agr eement may be �frmination �deV CO NTRACTO R. The COU NTY shal I not be ob] 1gated to pay for any services or good s p rovided by th e CONTRACTOR after the CONTRACTOR has received written notice of termination, unless otherwise required by law, TUY-ffeluley-e-Inpiulea nor retained any company or person, other thian 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 0iscretion, to offset from monies owed, or otherwise recover, the full amount of suchfee, commission -wercent�a" , 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 a id ti ji P I v rr P r-t-a c i i r'& rn r a r 3�--f 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.Si., running from the date the monies were paid to CONTRACTOR. Vi. SCOPE OF SERVICE: The Contractor shall furnish aill labor, materials, equipment, tools, transportation, services, and incidentals, and perform all the work necessary in accordance with the specifications entitled: fow.-, for Monroe County is Rosa Washington, Senior Solid Waste Administrator, (305) 2924432, and or site contact person is Bill Grant, Supervisor, (305) 664-2263. Contractor shall adhere to the following: A. Florida Administrative Code (F.A.C.) Rule 62-701, Solid Waste Management Facilities. BAll Monroe County applicable "Codes and Regulations" C. Any damages by the contractor shall be repaired at no extra cost to Monroe County. DUpon completion, the contractor shall clean up the work site of all equipment, materials and debris. E. The schedule to perform the work will require coordination with the Monroe County Solid Waste Department. F. The contractor shall designate a representative to work with the County and to be available to answer any questions concerning the process. G. Contractor shall provide training to Monroe County Hazardous Waste Personnel, as outlined in specifications. VII. ACCEPTANCE OF CONDITIONS BY CONTRACTOR: CONTRACTOR has, and shall maintain throughout the term of this Agreement, appropriate licenses. Proof of such licenses and approvals shall be submitted to the COUNTY upon request. Vill. PUBLIC ACCESS: The COUNTY and CONTRACTOR shall of and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or is its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CONTRACTOR in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR IX. HOLD HARMLESS AND INSURANCE, Notwithstanding any minimum insurance requirements prescribed elsewhere in this AGREEMENT, CONTRACTOR shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by any indemnified party by reason of, or in connection with, (A) any activity of CONTRACTOR or any of its employees, agents, contractors or other invitees during the term of this AGREEMENT, (B) the negligence or willful misconduct of CONTRACTOR or any of its employees, agents, contractors or other invitees, or (C) CONTRACTOR's default in respect of any of the obligations that it undertakes under the terms of this AGREEMENT, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than CONTRACTOR). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this agreement, this section will survive the expiration of the term of this agreement or any earlier termination of this agreement. Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY Certificates of Insurance indicating the minimum coverage limitations in the following amounts: WORKER'S COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE- Where applicable, worker's comy,ensation coveraf e to aN��,- as-�. Law, and Employer's Liability coverage in the amount of $100,000.00 bodily injury by accident, $500,ill .00 bodily injury by disease, policy limits, and $100,000.00 bodily injury by disease, each employee. , ; IrAlk, 1 0 1 ' . I y injury Uabili perty Damage Liability. If single limits the minimum acceptable limits are $50,000.00 per person, $100,000.00 per occurrence, are proivi and $25,000.00 property damage. Coverage shall include all owned vehicles, aill non -owned vehicles, 2nd all hired vehicles. COMMERCIAL GENERAL LIABILITY: Commercial general liability coverage, including Premises Opera� tions, Products and Completed Operations, Blanket Contractual Liability, and Expanded Definition of Property Damage, with limits of liability of not less than $300,OOiO.00 per occurrence, $100,000,00 per person, $50,000.00 property damage, combined single limit $3iOO,O00.00. TFS-urance shall be provided to the COUNTY at th time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be Qrovided to the COUNTY bef, insurance shall be qualified to do business in the State of Florida. if requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the COUNTY, its officials, employees, agents and volunteers. I ICCJII),%Yf-6.-479KtT-,-tT�Tg-gT=TJ-MMT-ITSSIOnERS MUST BE NAMED AS ADDITIONAL INSURI ON ALL POLICIES EXCEPT WORKER'S COMPENSATION. X. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, 4 the participation of COUNTY and CONTRACTOR in this Agreement 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 Agreement entered into by the COUNTY be required to contain any provision for waiver. X1. INDEPENDENT CONTRACTOR: At all times and for all purposes under this agreement CONTRACTOR is an independent contractor and not an emloj2i�Fee of the Boa of Monroe County. No statement contained in this agreement shall be construed so as to find CONTRACTOR or anv of his emololfeps, subs_serv_7!.�,tp.9r Commissioners of Monroe COUNTY. XIL NONDISCRIMINATION. 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 or 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 V1 of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national trigin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683. aid IfiR.5- EJ obligatio s under this agreement to others, except in Writing an Board of County Commissioners of Monroe County and CONTRACTOR, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be -kiXv, w t h all of the provisions of this agreement, Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the boiard. XIV, COMPLIANCE WITH LAW AND LICENSE REQUIREMENTS: In providing all services/goods CONTRACTOR shall abide bk,, all laws of the Federal and State government, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Compliance with all laws includes, but is not limited to, the immigration laws of the Federal and State government. Any violation of said statutes, ordinances, I gill 0 XVI. NO PLEDGE OF CREDIT: CONTRACTOR shall not pledge the COUNTYS credit or make it a guarantor of payment or surety for any contract, debt, obligation, 'udgment, lien, or any form of J indebtedness. CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract, XVIL NOTICE REQUIREMENT- Any notice required or permitted under this agreement shl 4,e in writing and hand delivered or mailed, postage prepaid, to the other party by certified m4g ,-eturned receipt requested, to the following: IIIIIIII ®R COUNTY: Monroe County Solid Waste Department I 100 S I ruo-ef I Key West, FL. 33040 FOR CONTRACTOR: Ra i mond Whittle, V.P. Onptmkat-,�, U&R« #- - . 7129111111 1940 NW 67'h Place Gainesville, Fl. 32653 X . TAXES' COUNTY is exempt from payment of Florida State Sales and Use taxes. CONTRACTOR shall not be exempted by virtue of the COUNTYS exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is CONTRACTOR authorized to use the COUNTYS Tax Exemption Number in securing such materials. CONTRACTOR shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this agreement. xx TERMINATION: A. The COUNTY or CONTRACTOR may terminate this Agreement for cause with seven (7) days notice to CONTRACTOR. Cause shall constitute a breach of the obligations of either party to perform the obligations enumerated under this Agreement. B. Either of the parties hereto may cancel this agreement without cause by giving the other party sixty (60) days written notice of its intention to do so with neither party having any further obligation under the term s of the contract upon termination. C. If the CONTRACTOR is adjudged a bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a receiver Is appointed on account of his insolvency, or if he persistently or repeated refuses or falls, except in case for which extension of time is provided, to supply enough property skilled workmen or proper materials and fails to maintain an established schedule (failure to maintain schedule shall be defined as any scheduled activity that falls seven (7) days or more behind schedule) or if he fails to make prompt payment to subcontractors for materials or labor, or persistently disregards laws, rules, ordinances, regulations, or orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violations of a provision of the Agreement, then the COU NTY may, with out p rej ud 1 ce to a ny right or re medy a nd afte r givi ng the CO NTRACTOR and his surety, if any, seven (7) days written notice, during which period CONTRACOTR fails R to commence correction of the violation, terminate the employment of the CONTRACTOR and take possession of the site and of all materials, equipment, tools, construction by whatever method the COUNTY may deem expedient. In such case, the CONTRACTOR be relieved from his obligations assumed under Article 2. Reasonable terminal expenses wi4�t*e-Cf@ WRALTO-P- XXI. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements 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 Agreement, the COUNTY and CONTRACTOR agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. XXII. SEVERABILITY: If any term, covenant, condition or provision of this Agreement (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 Agreement, shall not be affected thereby-, and each remaining term, covenant, condition and provision of this Agreement 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 Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. XXIII. ATTORNEY' S FEES AND COSTS- 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 Agreement, the prevailing party shall be entitled to reasonable attorney's fees and attorney's fees, in appellate proceedings. Each party agrees to pay its own court costs, investigative, and out-of-pocket expenses whether it is the prevailing party or not, through all levels of the court system. XXIV. ADJUDICATION OF DISPUTES OR DISAGREEMENTS: COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of COUNTY and CONTRACTOR. 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 COUNTY and CONTRACTOR, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. XXV. COOPERATION: In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or 6 provision of the services under this Agreement, COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration procee�llings related to this Agreement. XXVI. BINDING EFFECT: The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns, XkVII- AUTHORITY: Eaich party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary COUNTY and corporate action, as required by law. XXVIII. CLAIMS FOR FEDERAL OR STATE AID; CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission, XXIX. PRIVILEGES AND IMMUNITIES: 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 em ployees of the COU NTY, whe n teLfDmWq th eir VRt CZ6k#Af06WV#&j kpp 4a;^AJUqkW, �_� �tr,. 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. XXX. LEGAL OBLIGATIONS AND RESPONSIBILITIES: This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of. obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. XXXL NON -RELIANCE BY NON-PARTIES: No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder. and tie C01W ITNO10TI! Iful rdrel .1 INNI W101411111150Tdne ement. r o e communit in general or for the purposes contemplated Agrein this XXXII. ATTESTATIONS: CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement, XXXIII. NO PERSONAL LIABILITY: No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or em,LIPLIT-lee of Monroe C_,mjwur-!7wK !,.. her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable 9 personally on this Agreement or be subject to any personal lialbiliity or accountability by reason of the execution of this Agreement. XXXIV. EXECUTION IN COUNTERPARTS* This Agreement may be executed in any number of counterparts, each of which: shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by sig,n,ing ainy such counterpart, XXXV. SECTION HEAD,IN�GS: Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. XXXVI. PUlBLIC ENTITY CRIME INFORMATION! STATEMENT- "A person or affiliate who has be for 5�! -tublic entiti crime maj not submit a bl on a contract to provide ainiy goods or servsceis To a puolic entity, 111dy RIT a public enit�ity for the construction or repair of a public �build�ing or puiblic work, may not submit bids leaises of real property to a puiblic entity, may not be awarded or perform work as a Conistructi Mianager, supplier, subcontractor, or consuilt�ant under a contract with any public entity, and may n in, Secti n for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vend XXXVII, MUTUAL REVIEW, This agreement has been carefully reviewed by Contractor and the County therefore; this agreement is not to be construed against either party on the basis, of authorship. XXXVIII. INCORPORATION OF BID DOCUMENTS: The terms and conditions of the bid documents are incorporated by reference in this contract agreement. XXXIX. ANNUAL APPROPRIATION: The County's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Board of County Comrmssicmeirs. In the event that the County funds on which this Agreement is dependent are withdrawn, this Agreement is terminated and the County has no further obl,igaition, under the terms of this, Agreement to the Contractor beyond that alreadlly incurred by the termination date, IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed this Agreement on the day and date first written above in four (4) counterparts, each of which, shall, without proof or accounting for the other counterparts, be deemed an original Contract, IIN WITNESS WHEREOF the parties hereto have executed this Contract on the day andl date first written -above. (SEAL),, Attet: ",6,ANNY L, KOLHAGE, CLERK By:— Deputy Clerk Date: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNITY, FLORIDA By: Oavor Title; A i SU By: Candis J. Wilkerson CONTRACTOR R. . —5 Rayrn o �ndW Witt 61e,6 Title: ViCe President/General Managern V,P. Operations I June 28, D2012 -a t e: law -in INA a Monroe County -Pricing Table A The bidder proposes the following services to Monroe County for the following costs. COSTS FOR COLLECTION AND PACKAGING Perma-Fix Environmental Services. Inc. proposes to conduct two (2) household hazardous waste collection events from the two Monroe County permanent collection centers per year or on an as -needed basis. The bidder proposes to provide household hazardous waste collection and packaging services to Monroe County with the following proposed level of staffing: ProjJect Manager Chemist Technician Perma-Fix Environmental Services, Inc. proposes to provide household hazardous waste collection and packaging services to Monroe County for a fee of $0.00 per eight -hour day. Perma-Fix proposes to charge the County a fee of SO.00 per hour for services performed in excess of eight hours per day. COSTS FOR TRANSPORTATION AND DISPOSAL Derma -Fix anticipates that the County will generate the following types of wastes and proposes to charge the County the following fees for the transportation and disposal of these wastes. The proposed Lab Pack pricing includes all containers, packing media (e.g vermiculite) and all necessary labels. The management of all wastes shall be limited to the following disposal options. The proposer has identified the intended disposal method for each waste type using the following codes: (T) Hazardous Waste Treatment (L) Hazardous Waste Landfill (Subtitle C) (1) Hazardous Waste Incineration (F) Hazardous Waste Fuels Blending (R) Recycling Flammable Liquid, Low Chlorine, Bulk Size of container Disposal Method Cost 55 Gallon F $86.60 '30 Gallon F $65.50 5 Gallon F .$25.00 2) Flammable Liquid, High Chlorine, Bulk Size of container Disposal Method Cost 55 Gallon F 6.60 30 Gallon F $65.5{... 5 Gallon F 3} Flammable Liquid, Low Chlorine, Lab Pack Size of container Disposal Method Cost 55 Gallon F _j7- 0_0 30 Gallon F $75.,00.-. 5 Gallon , F _$35.00 4) Flammable Liquid, High Chlorine, Lab Pack Size of container Disposal Method Cost 55 Gallon -F -$75,.00 30 Gallon F $75.00 5 Gallon F _j35.00 5) Flammable Liquid, Poison, Bulk Size of container Disposal Method Cost 55 Gallon F $595,.60 30 Gallon F _$3.9 -5.50 5 Gallon -F _$150.40 6) Flammable Solids, Lab Pack Size of container Disposal Method Cost 55 Gallon -F _1282.75_ 30 Gallon F _$230.15 5 Gallon F $104.50 7) Aerosol Cans Size of container Disposal Method Cost 55 Gallon ---F/I 5281.60 30 Gallon F/I $219.50 5 Gallon F/I .579.40 8) Hazardous Waste, Liquid or Solid, Lab Pack Size of container Disposal Method Cost 55 Gallon F/l/T/L --5-100.00 30 Gallon F/I/T/L $75.00 5 Gallon —T/ITf/L 9) Poisonous Material, Liquid or Solid, Lab Pack Size of container Disposal Method Cost 55 Gallon F/T/L $195.00_ 30 Gallon F/T/L _$145.00 5 Gallon F- /T/t, _S50.00 10) Corrosive Material, Lab Pack Size of container Disposal Method Cost 55 Gallon T $75.00 30 Gallon —T $75.00,- 5 Gallon —T $75-00 , 1) Oxidizers, Liquid, Bulk Size of container Disposal Method Cost 55 Gallon T ---$425.00 30 Gallon —T $325.00 5 Gallon —T $135.0,0 12) Oxidizers, Liquid or Solid, Lab Pack Size of container Disposal Method Cost 55 Gallon T/I _�482.75_ 30 Gallon _T/I $380-15 5 Gallon —T/I $144.50 13) Pesticides or Herbicides, Liquid or Solid, Lab Pack Size of container Disposal Method Cost 55 Gallon J281.60 30 Gallon I _$229.50 5 Gallon 5104.50 14) Cyanides or Sulfides, Lab Pack Size of container Disposal Method Cost 55 Gallon I $275.00 30 Gallon I $175.00 5 Gallon _$144.5 0 15) Batteries, Dry Cell Size of container Disposal Method Cost 55 Gallon 1, _$0.60/lb 30 Gallon I —$0.60/lb 5 Gallon — ------- - 0.60/lb 16) Batteries, Lead Acid Size of container Disposal Method Cost 55 Gallon R $159.75 30 Gallon R __$107.15 5 Gallon R, $64.50 17) Antifreeze, Lab Pack Size of container Disposal Method Cost 55 Gallon $75.00 30 Gallon R __17 5. 0 0 5 Gallon R $45.00 18) Used Oil Size of container Disposal Method Cost 55 Gallon R/F __$54.00 30 Gallon R/F $45.00 5 Gallon —R/F $30.00 19) Antifreeze, Bulk Liquid Size of container Disposal Method Cost 55 Gallon R/F —$75.00_ 30 Gallon R/F _$75-00 5 Gallon _R/F _j45.00 20) Latex Paint, Bulk Liquid Size of container Disposal Method Cost 55 Gallon T/L _$J07-00 30 Gallon T/L _L85.00 5 Gallon T/L _515.00 21) PCB Liquids, Bulk Size of container Disposal Method Cost 55 Gallon _j685.00 30 Gallon _R/I R/I 495.00 5 Gallon R/I _$250.00 22) PCB Solids, Bulk Size of container Disposal Method Cost 55 Gallon R/I _1395.00 30 Gallon Rj S295.00 5 Gallon RJl _$200-00_ 23) Dioxin, Liquid or Solid, Labpack Size of container Disposal Method Cost 55 Gallon l 100.00 30 Gallon 1. 75.00 - 5 Gallon l 50.00.... 24) Non -Regulated Soaps, Polishers, and Others Size of container Disposal Method Cost 55 Gallon _5107.00 30 Gallon __.'T/L T/,I, 8 5. 00 5 Gallon _T/L _�50.00 25) Mercury Metallic, Lab Pack Size of container Disposal Method Cost 55 Gallon R. 52541 30 Gallon R $250.00 5 Gallon R $2019.50 26) Flammable Sludges, Bulk Size of container Disposal Method Cost 55 Gallon -F $163.60 30 Gallon -F 1129.50 5 Gallon $35.00 27) Flammable Solids, Bulk Size of container Disposal Method Cost 55 Gallon F/I _1228.75 30 Gallon F/I _j 168.15 5 Gallon F/I $70.50 28) Flammable Liquid, High Water, Bulk Size of container Disposal Method Cost 55 Gallon -F $193.60 30 Gallon F $153.50 5 Gallon F _L3 LO 0 29) Corrosive Material, Bulk Size of container Disposal Method Cost 55 Gallon T _1262.60_ 30 Gallon T $215.50 5 Gallon T $8000 30) Hazardous Waste, Liquid or Solid, Bulk Size of container Disposal Method Cost 55 Gallon T/F/I/L j254.00 30 Gallon T/F/j/L _S207.00 5 Gallon T/F/I/L $8000