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Item C22 BOARD OF COUNTY COMMISSIONERS AGENDA.ITEM SUMMARY Meeting Date: 10/16/13 Division: Public Works Bulk Item: Yes X No Department: Solid Waste Management Staff Contact: Rosa Washinaton/292-4432 AGENDA ITEM WORDING: Approval of First Amendment of Intercon Solutions Contract, amending price list for transportation, de-manufacturing and recycling of electronics, fluorescent bulbs,and other residual materials. ITEM BACKGROUND: When original contract (and price list) with Intercon Solutions was approved by the BOCC, on January 12, 2012, there were electronics and residual components that were not identified within Monroe County's waste stream at the time. One year later, these household electronics and residual components are being presented to the County's Household Hazardous Waste Program by residents and businesses seeking to properly dispose of them. This price list represents the cost of proper disposal of these electronics and residual components. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: Updated Price List STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A BUDGETED: Yes X No COST TO COUNTY: N/A SOURCE OF FUNDS: Special Assessment REVENUE PRODUCING: Yes X No AMOUNT PER YEAR: (approximately) APPROVED BY: County Atty AS 0MB/Purch&g Risk Management )k/A DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM# Revised 11/06 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Intercon Solutions Inc. Contract# Effective Date: 01/12/2012 Expiration Date: 09/30/2014 Contract Purpose/Description: Approval of First Amendment of Intercon Solutions Contract amending price list for transportation, de-manufacturing and recycling of electronics, fluorescent bulbs, and other residual materials. Contract Manager: Rosa Washington 4432 Public Works - #1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on October 16, 2013 Agenda Deadline: October 1, 2013 CONTRACT COSTS Total Dollar Value of Contract: $ 25,000 Current Year Portion: $ 25,000 Budgeted? Yes® No ❑ Account Codes: 414-40000-530310 Grant: $ -0- County Match: $ -0- ADDITIONAL COSTS Estimated Ongoing Costs: $ n/a /yr. For: Not included in dollar value above (e.g., maintenance, utilities, janitorial, salaries, etc. CONTRACT REVIEW Changes Date Out Date In Needed Reviewer Division Director ( 3 Yes❑ N&( �3 Risk Management a,� Yes❑ NoP] - O.M.B./Purc-hasing °l 2-S 13 Yes❑ No[j] �- 13 County Attorney ij ja3 I t2, Yes❑ Noo On I L n n a0�3 / Comments: OMB Form Revised 2/27/01 MCP#2 FIRST AMENDMENT TO CONTRACT FOR PICK-UP, TRANSPORTATION, DEMANUFACTURING AND RECYCLING OF ELECTRONICS, FLUORESCENT BULBS, BATTERIES, AND OTHER RESIDUAL MATERIALS This First AMENDMENT to the Contract for pick-up, transportation, de-manufacturing and recycling of electronics, fluorescent bulbs, batteries and other residual materials entered into between MONROE COUNTY ("County") and lntercon Solutions, Inc. ("Contractor") is made and entered into this 161h day of October, 2013, in order to amend the Agreement,as follows: WITNESSETH WHEREAS, on the 191h day of January 2012,the parties entered into the AGREEMENT for pick- up, transportation,de-manufacturing and recycling of electronics,fluorescent bulbs, batteries and other residual materials; and WHEREAS, additional materials that were not initially included in the Price List(as attachment A)to the AGREEMENT have appeared in the stream of residual materials so that an amendment to the Price List is needed to allow for processing, recycling and or disposal of these items; NOW THEREFORE, IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as follows: 1. Amend/Update Attachment A,to reflect the disposal costs of batteries and other residual electronics and or related materials. 2. The remaining terms of the AGREEMENT, not inconsistent herewith, shall remain in full force and effect. REMAINDER OF PAGE 1 LEFT INTENTIONALLY BLANK SIGNATURE PAGE ONLY TO FOLLOW Page z of 2 IN WITNESS WHEREOF,the parties hereto have executed this Amendment on the date stated above. (SEAL) Attest: AMY HEAVI`LIN, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Deputy Clerk By: Mayor/Chairman. Witness Witness Attest: CONTRACTOR By: By: E 6 cl -s"acn Title: * MYCOMMISSIM,I)DW17 EXPIRES:July 5,2014 �r��OFFIGiz Bmft Tft Budo Notay&nits M ROE COUNTYATTO'RNEY PPRO ED AS TOE FORM: i P'n CHR15 !N€M. LIMBERT BARROWS' ASSISTANT Cour TY ATTORNEY Date C4/.A 31 j;� Attachment A Intercon Monroe County SOLUTIONSO Hauling&Processing of Electronic Waste, The Solution to Your E-41'aste Problem Components &Process Residuals 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 DVD/VCR/Gaming Systems No Charge UPS No Char e Modems/Servers No Charge Fax Machines/Scanners No Char e Stereos/Radios/Clocks No Charge Irons No Charge Hair Dryers No Charge Cameras No Charge TVs $0.15 per pound Monitors&Terminals $0.15 per pound Microwaves $0.15 per pound 4ft Fluorescent Lamps or Smaller $0.36 per pound Fluorescents Longer than 4ft $0.60 per pound Compact Lams Standard and Built in Ballast * $0.54 per pound Circular Lams * $0.62 per pound U-Bend $0.62 per pound HIDs $1.38 per pound Small UV Lamps * $3.20 per pound Plastic Coated 4ft&8ft Shattershield * $1.90 per pound Broken Lamps if over 5%of the container is whole lamps $1.70 per pound Crushed Fluorescents-55 Gal.Drum $290.00 per 55 Gal.Steel Drum Mercury Containing Devices * $6.50 per pound Non-PCB Ballasts $0.40 per pound PCB Ballasts * $1.10 per pound Incadescent Lighting * $0.34 per pound 2"Diameter Fluorescents * $1.96 per pound Lead Acid Batteries * $0.30 per pound Alkaline Batteries * $0.60 per pound Lithium Batteries * $3.30 per pound NiCd Batteries * $0.30 per pound Transportation-(Does not apply to Collection Events) $600 per pick u Shipping Charge Only(Tampa to Monroe Gaylord Boxes and Pallets County) Labor-Collection Events Only $100 per laborer/day Drop Trailer-Collection Events Only(Includes Drop and Transportation) $1500 pertrailer Items marked by Asterisk are,-the:'-reason why contract was amended. 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 i CONTRACT FOR PICK-UP, TRANSPORTATION, J DEMANUFACTURING AN'D RECYCLING OF ELECTRONICS, FLUORESCENT BULBS, BATTERIES AND OTHER RESIDUAL MATERIALS, THIS CONTRACT, for the pickup, transportation, de-manufacturing and/or recycling of electronicwaste,p� p> fluorescent bulbs, batteries and other residual materials (see Attachment A, price List) fronn the C;uiM oe and Long Key Transf"er Stations is entered into on this 1' th day of Janua2012,ry and between the Board of County Commissioners of Monroe County,, Florida (hereafter "COUNTY" or "BOARD"'), t whose address is 11010 innnonton Street, Key West, Ft.., 33040,, and Inte con. Solutions, Inc.., (hereafter "CONTRACTOR")C.TOR") whose corporate address is 1001- 9 Washington Avenue, Chicago Heights, Illinois 611411,and Florida address is 59,05 Johns Road,Tampa, Ft.33684. WHEREAS, the Florida Department of Environmental Protection strongly recommends recycliiun, and or proper disposal of all unwanted electronic products such as televisions,computers, cell phones and f all residuals;and WHEREAS,, mercury containing lamas MC Ls and devices (MCDs) have become the largest sources of mercury in Florida's municipal solid waste (MS' ) stream, Mercury is used in everyday products like fluorescent lamps,tbermo eters, 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-cadmiur n or small sealed lead acid rechargeable (batteries (ear, truck, boat) or products containing such rechargeable batteries in the trash; and f WHEREAS, CC:)1!"+TRACw"l'OR proposes to pick up, transport, de-manufacture, recycle and/or j properly dispose of the above mentioned materials, issuing certificates of recycling to the COUNTY upon completion of the material's recycling process. t NOW THEREFORE,IN CONSIDERATION OF the mutual promises contained herein,tine parties agree as followvs- f 1. 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 C"Olw7l"1`R.AC:T term shall automatically be extended for one (1) additional two ( ) year term. This. C;"Cfls TRAAC,r may otherwise be terminated as detailed in Section X Vll and.Section C II1. 11. FEES/AVAILABILITY OF FUNDS/COSTS Fees under this C ONTRAu 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 C°ommissioners, If' funds cannot be obtained or cannot be continued at a level sufficient to allow for t I„ continued reimbursement of expenditures, for services specified herein, this agreement may be ternninated immediately at the option of the Ct.,11..DN"T"Y 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 CONTRA crop, after the CONTRACTOR has received written notice of termination, unless otherwise required by law. This contract shall not exceed $25,0010 annually. Y Ill. PAYMENT: Request for payment will be made by submitting an invoice to the C"CCU N17Y via the t Solid Waste Management Office. The period covered by each request for payment shall be one calendar month ending on the last day of the mnonth. Each request for payment shall be based. upon the price list submitted by the C:"CaN'TR CTOR/ ttachnnent A.COUN17Y shall pay pursuant ( to the Local Prompt Payunent .act, F.S. 218.70. `Tlnc CC)lw+lTR C;"l`Cll 's final invoice must be l received within sixty days antler the termination date of this CC?N'l.`RACT shovwn in Article 1. IV. NO SrOLII IT TI NN P"AYMENT: 'The CO `I RAC"0R and COUNTY warrant that, in respect to itself., it has neither employed nor retained any company or person,, other than a bona Tide J employee working solely for it, to ;solicit or secure this CONTRACT and that it has not paint 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 Chant the COUNTY shall have the right to terminate this CCi1NTR C T vwitluout liability and, at its discretion,to offset from monies owed,or otherwise recover, the full amount of such fee,commission, percentage,,gift,, or consideration. 1 V'. MAINTENANCE NICE of RECORDS: C"ON''R C ITC:R shall maintain all books, records, and. documents directly pertinent to performance under this CC1 «IVI RACT in accordance with generally accepted accounting principles consistently applied. Each party to this CCI I'l`RAU 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 ofthe agreement and for four (4) years following the termination of this CONTRACT.T. If an auditor employed by the CC)UN"ry or Clerk determines that monies paid to contractor pursuant to this C"OIV"IR C,T were spent for purposed not authorized by this CONTRACT, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 5501.0 , F.S., running from the date the monies were paid to C O NT'RAC:""I"OR. VI. SCOPE OF SERVICE A. Overview 1. STAFF: Monroe County employees will collect and package the electronics for pick Lip by the CONTRACTOR. OR. . CON"I'RAGWR or his agent will be responsible for loading of the materials and transporting the sarane to the CC N"l R CTO 's location. . COMPLIANCE WITH LAW: l"lne CONTRACTOR will process the electronic waste ,and other materials in accordance with Local, State and Federal regulations. 4. CON"FRACTOR,will provide certificates of recycling to the COUNTY upon � connplet:ion of the material's recycling process. 1 B. Re w . The CONTRACTOR O bu ll conduct their services ithi n the N)undaries of Monroe County(including all municipalities within the C"Cyf.11' 'T y): 1. By no later than February 1,of"each contractual year,tine COUN'"FY must receive a report of tine total amount ofmaterials transported from tine COUNTY and recycled by the 2. Reports shall be delivered to: Rosa S. Washington Senior Administrator Monroe County SolidWaste Management Public Works Division. ffistoric Cato Building l 100 Simonton St..,, lam. 2-231 Key West, F 1. 33040 1 C. HURRICANE OR OTHER NATURAL DISASTER'S: 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 4) schedule future materials pick-ups. VIL CONTRACTOR'S LICENSE: I The CEO T R C'TTOR shall secure, maintain and pay all applicable fees for any permits and licenses necessary to implement this program. VIII. INDEMNIFICATION AND HOLD, HARMLESS: Tine C ON'"rR C"'T' R covenants and agrees to indemnify and hold harmless C:;'C➢lJNTV"IMonroe County and Monroe County Board of County Commissioners, its officers, and employees from liabilities, damages,, losses and casts, 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 igjury, including death.,,personal injury,and property damage, including property owned by Monroe County,and any other losses, damages, and expenses, including attornney's fees,court costs and expenses, which arise out: of, in connection with, or by reason of services provided by the C:r4: NTRAcTOR subcontractor(s) and other persons employed or utilized by the CONTRACTOR in the perfornnance of the contract. Subcontractor(s) in any trier, occasioned by the negligence,errors, or anther wrongful act or omission of the CONTRACTOR in any tier, their employees,or agents. 'Tile first ten dollars ( 10.ptl) of remuneration paid to the C;CDI~-lfTRAC'l"'OR is for tine indemnification provided for alcove. '"fine extent of liability is in no way limited to, reduced„ or lessened by the insurance requirements contained elsewhere within this CONTRACT. 3 " i i IX. SECTION HEADINGS Section headings have been inserted in this CONT'RAC T as a matter ofoonvenience ofreferenceonly, and that it is agreed that such section headings are not a part of this CONTRACT and will not be used in the interpretation ofany provisions of this C". NTRA 17. X. SUCCESSORS AND ASSIGNS � The CONTRACTOR C:`l OR shell 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 (','aunty l 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. "l"he 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 TAW,"VENUE, INTERPRETATION,COST AND FETES ]'his CONTRACT shall be governed by and construed in accordance with the laws of the Mate of Florida applicable to contracts made and to be perforured entirely in the State... In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this CwC: N'T"RC"l", CCT.iN"fY and CONTRACTOR agree that wrerar:ue wv°i11 lie in the l0h Judicial circuit, Monroe County, Florida. "I"his CONTRACT shall not be subject to arbitration. The COUNTY TY and (,',ON Tt. C°1'OR agree that., in the event of conflicting interpretations of the terms or a terra of this CONTRACT C T by or between any of theun the issue shall be submitted to rnediat:ion prior to the institution of any other administrative or legal proceeding. Xlll. NOW DISCRIMINATION: COUNTY and CONTRACT(* agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of cornpetent 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 C"C.:NTR C;°TT'OR 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: l) Title VI of the Civil lights Act of 1964 (III 'lltl- 5 ) which prohibits discrimination on the basis of race, color or national origin; ) Title IX of the F,ducation Amendment of 1972, as amended( 0 (.JSC:" ss. 16,81-1683,and 1685-16116), which prohibits discrimination on the basis of,seat; ) Section 504 of the Rehabilitation a Act of 1973, as amended ( 0 USCf" s. 794), which prohibits d iscri initiation on the basis of handicaps; 4) The Age Discrimination Act of 1.9�75, as anwended (42 USCE ss, 6101-6107) which prohibits discrimination on the basis of' age; 5) The Drug Abuse Office and Treatment Act of"1' 72(PL 9 - 55),as amended, relating to nondiscrimination on the basis of drug abuse, 6) "he 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 4 (f 1 7) The Public I lealth Service Act of 1912, ss. 523 and 527 (42 USC ss. 69,Odd-3 and 2 0ee 3), as arneaded, relating to confidentiality of alcohol and drug abuse patent records; 8) Title "" 111 of the Civil Jl Rights .Act of 1968 (42 U C; s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing,; ) The Americans with Disabilities .Act of 1990 (42 U C s. 120 lNote), as maybe amended from tirne to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code C h. 1 , r rC VI, prohibiting discrimination on the basics of race, color; see,, 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. T. f, i XI . PUBLIC ACCESS r, The CONTRACTOR and. COUNTY shall allow and permit reasonable access to, and inspection of, all t documents, pampers, letters or other materials in its possession or under its control subject to the provisions p �, CONTRACTOR"TO and. COUNTY in of Chapter l 1 , 1^°lerrrda Statutes, and made or reer�vu;� by the C conjunction with this Contract, and the COUNTY shall have the right to unilaterally cancel this Contract upon violation of this provision by C,"(TAP"T"I(ACTOR. The CONTRACTOR shall comply with the Public records laws o`the,'state of Florida,subject to any provisions providing exemption fiom disclosure. X I. BREACH OF TERMS By CONTRACTOR: R: The passing, approval, and/or acceptance by the COUNTY ofany defect in the services furnished by the CONTRACTOR, shall not operate as a waiver by the COU`1'NTY of strict compliance with the terms of this CONTRACT,T and specifications covering the services. COUNTY may immediately terminate the CON I R CT due to any violations by CON'TRAC°l:OR of criminal statutes. Any ether CON"l"I~I.aAC`fOR breach of this CC)NTR ACT shalll be governed by the article below can termination for cause. I XVIL TERMINATION WITHOUT CAUSE: The; COUNTY may terminate this agreement without cause by providing the CONTRAC"FOR with j written notice of termination at least sixty(60) days prier to the elate of termination. The CC1CibP"I"Y shall. pay for any such work in progress that is completed by the CONTRACTOR and, accepted by the COUNTY pricer to the elate of"termination stated in the notice. ' III. TERMINATION WITH CAUSE: The COUNTY and the CONTRACTOR may terminate this agreement for cause mfthere 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 ('OUNTY or CONTRAC'"I'OR within fifteen(I )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 remfuircment of this agreement.. b XIX. DISCLOSURE AND CONFLICT OF INTEREST' "The CONTRACTOR O represents that it,its directors,principles and employees,presently have no 1 interest and shall acquire no interest,either direct or indirect, which would conflict in any manner with the perfbnnance 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 C;C;fUlgrvl""Y of any financial interest it may have in any and all contracts with Monroe County. � J XX. NON-WAIVER OF IMMUNITY: t Notwithstanding g the provisions of See. 768.28, Florida Statutes, the participation of the CONTRACTOR AC°TO and the COUNTY in this CONTRACT and the acquisition of any c m nn r ial liability insurance coverage,, self-insurance coverage, or local government liability insurance pencil 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 t pensions and relief, disability, workers' compensation, and anther bencrits which apply to the activity of officers, agents, or employees of any public agents or employees of the C:C:1f.lN'TY,when performing their respective functions under this CONTRACT within the territorial limits of the COUNTY TY shall apply to the same degree and extent to the performance of :such functions and duties of such oflicers„ agents, volunteers,or employees outside the territorial limits ofthe C'C)U1`FY. II. FINANCIAL RESPONSIBILITY The comrRACTOR shall not pledge the CC:7Uls TY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. '['he C ONTR C°"I"O1 further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill,the terms of this contract. XIII. NO PERSONAL LIABILITY; I No covenant or agreement contained herein shall be deemed to be a. covenant or agreement of any member, unfllcer, agent or employee of BMonroe County in his or tier individual capacity, and no member„ officer, agent or employee of Monroe County shall be liable personally on this C,ON"I"I AC"T ter be subject to any personal liability or accountability by reason of the execution of this C"Cyltil"I`RAC:T. XXIV. NOTICE REQUIREMENT: Any notice required or permitted under this agreement shall be in writing and hand delivered or nnai,led, postage prepaid,to the other party by certified nnail, returned receipt requested, to the following: FOR COUNTY: Monroe County Administrator and Dent Tierce„ Director and County Attorney 1100 Simonton Street Monroe County Public Works 1 111 1 d,St., Suite 408 6 l i Key West FI, 33040 1100 Simonton fat., inn. 2-231 P.0, Box 1.0� % Key West, FL 330140 Key West, FL 33041. FAIR CONTRACTOR: Ossic A]ly and Nick Exickwn Business Development pent Director of Operations Southern Region Intercon Solutions, [nc. hntercon Solutions, file. 1001 Washington avenue 1001 Washington: Avenue Chicago Heights, l-,60,4111 Chicago Heights„ It.,60411 i i XXV. TART S; r "file C"CtU1''ry is exempt thorn payment of 1`1orida State to Sales and Use taxes. XXV1. 5I VERABILITY If any terra, covenant, condition or provision od" this Ct3N"E"RAC]" (err the application thercof" to any circumstance or person) shall be declare-d invalid or unenforceable to an extent b a court of competent l� � y y I� _jurisdiction, the remaining terms, covenants,, conditions and provisions of this Contract, shall not be affected thereby„ and each remaining terra,, covenant, condition and provision of this Contract shall be. valid and shall be enforceable to the fullest extent paernnitted 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 OR agree to reform the C"CtN"1"R CT to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. XXVIL ATTORNEYS FEES AND COSTS Tile COUN"rY 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,CT, tine 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 panty, Mediation proceedings initiated 1 and conducted pursuant to this CONTRACT C"T" shall be in accordance with the Florida Mules of Civil Procedure and uscual and customary procedures required by the circuit court of Monroe County.. XVIII. BINDING EFFECT The terms, covenants, conditions, and provisions of this C ON,rR., CµT shall bind and inure to the benefit. of the COUNTY and CON-rR C:TOR and their respective legal representatives,successors, and assigns.. ]XIX. AUTHORITY Each party reprewents mid warrants to the other that the execution, delivery and paerforrnance of this CONTRACT CT have been duly authorized by all necessary COUNTY and corporate action, as rewired by law. XXX. ADJUDICATION OF DISPUTES R DISAGREEMENTS CC:)UN'l Y and CONTRACTOR agree that all disputes and disagreements shall be attempted to be 7 i (f 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 shal I have the right to seek such relief or remedy as may be provided by this C'ON I"RAC T or by Florida law. This provision does not negate or waive the provisions concerning ternmination or cancellation. XXXI. COVENANT OF NO INTEREST CON""t'R ACTOR and COUNTY lNTY 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 f 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 ofthe COUNTY recognize and will be required to comply 2.313,with the standards of conduct for public officers and employees as delineated in Section l l 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 eanploynment or contractual relationship„ and disclosure or use of certain information. I; XXXIII, PUBLIC ENTITIES CRIMES person or affiliate who has been place on the convicted vendor list following a conviction f"or public enmity cringe raaay 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 C A I GORY TWO for a period of 36, months from the date of"being placed on the convicted vendor list. By signing this CSC l TRAC'1 C ON I"I .a C""FOR represents that the execution of"this C"ONTR CT will not violate the Public Entity Crimes duct (Section 287.133, Florida Statutes), violation of this section sharull result in termination of this CONTRA(.']' and recovery of all moneys paid hereto, and may result in debarment from C;C)C,DfrC°T"Y'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 suubconsultant 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 arnount 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. 8 ........ . .. . 1 f XXXV. ENTIRE AGREEMENT: 1' This ON'TRAt."T constitutes the a,ntity agreentent between the C()UNTY aaad the COWRACTOR for the r i es codlat mplat d her iri; Any an'tendinents or revisions,to this "ON i""N t' tnu t bic in writing ,and be executed in Lhe s n.ral "mariner as time COMI'il t.7,r, �( IN ' "U" ESS WHER ()[`Aficttta,rti i la retry have executed this CONTRACT on Lbe day and dm tact w��r�ittaraa �a�w ;, 1 '� ��� 1 1C %fir ,� T .Twi :t T:', ,TyE BOARI t,' � * T�. NI YCOMMISSIONERS OF S t i l t T.i i 9.-"fit" FLORIDA a. r �/ , y ,d / j Tm 0, Thy. Die f Attest: By By: i . ���or 1 WITNESS � „ t Title:_ ....__. ,.,�_. _�..�...,M�..... ... ....... ..w.�..._......�m�,�. ('"' ,..... , .��. llyiti w r � 1 By: WJINESS 'T" ti a". i I f 1 t Jw l ��flGGlo r <I is XXXV. ENTIRE AGREEMENT: "phis CONIRACT c nstiftltcs the entire agreement between the COUNTY and the CONnAcr'OR for the services contemplated herein. Any a nendments or revisions to this C"OX'"NTt C I' InUst be in writing and be executed in the same manner as this C O N FRAC""N'. rrr I IN WITNESS WHEREOF EICN'OtM the parties hereto have executed this CONTRACT T can the day and date first written above. (SEAL) Attest-, DANNY L N .0 LH UU',CLERK 130ARD OF OUN "ry COMMISSIONERS OF MONROE COUNTY,Y, FLORIDA By- - __. y: _ Deputy Clerk, N' ay r/Chairman (SEAL) CONTRACTOR Attest: WI'TNESS y: 'bails: nj f 1 1 9 u 3> Attaclitment A, Intercon Conroe Count IEI l O L 1 1 ) SO Hauling "rt ce-ssing of Electronic Waste, l'c4aauyn a4w Yi'mar'1" 'wwPoua°larohlccaan Components& Process Residuals Price List. Description Unit Price r Printers No Charge Copiers No Charge Peripherals No Charge Printed Circuit Boards No Charge CpUs No Charge 1 PhoneslCeRs No Charge DVDNCPJGaming Systems No Charge l UPC No Charge hrlodemslervers No Charge Fax MiacNniesd canners No Charge tereos/RadioslClocks No Charge Irons No Charge Bair dryers No Charge Cameras No Charge ,rvs 58.15 per pound Monitors and Terminals $0 15 per pound Microwaves $0.15 per pound', Fluorescent Lamps $0.25 per bulb Crushed Fluorescents 290. 0 per 55 Callen Steel Drum Light Bulbs 1 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 8 echargeable Batteries $0.25 per pound Pad Auld Batteries $0.25 per pound Other Fees: 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 laborerlday Drop Trailer-Collection Events Only(Includes drop and transportation) 51500 per trailer C orporalc Ileadquaamers: ltltll rr d 'ashin ton,Chicago Haigfit,lllinn�ois,60411 Phone, 705-256,.9 2 '.o l p Aaa:,,;888-T:52.5642 Fax 708-256-4094 ct a���;. alnal�,uwa:�anur... l9iin oimww California Florida:....Nfissourl- l a xan:;...'l pronto Vwskeouver-'I,o nw9on t W(IZN STATEMENT UNDER ORDINANCE E NOr . 10-1.9'9'01 '1()NRO] , (-"(:SUN T" FLORIDA ETHICS C1,AUSE warrants that lie/it has not ernployed, retained r or otherwise had act on his/its behalf any ltarMcr C OUIlty officer or employee in violation of t' Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of 1 Section 3 of Ordinance No. 10-1990. For breach or violation of this provision tlwc County may, in its discretion,terminate this contract without liability and may also, in its discretion, � I deduct f°onw the contract or purchase price,or otherwise recover, the full amount of"any fee„ l coninli lion, percentage, gift., or consideration paid to the former County of`licer or employee. i f l; (sigh"atmure Date: 0 STATE OF COUNTY(.y1 PERSONALLY APPEARED, 1 E;FO 1:' MEN, the undersigned authority, wwlica after first be.iamt;sworn by n-me, a]Tjxcd hip/lover j t of individual i nin q in tlwe space provided above cmmm this d of signature(nanie . 1 1 y 20 NOTARY PUBLIC My coni'nussion expires: L ",�, EE6 Et.E'ERT gym.NIEVE .pro" otafy Punb uc. tat f Eia�rii " aw My Comm Ez �u C D+11 - 1C"l FORM ail muui mm ttt a�wk" nr"rmar E 9C F�9�'tPoPO"gd'National,Nj.itaty Assn, 2 r DRUG-FREE WORKPLACE FOR f The undersigned vendor in accordance wit.FIori da>a Statute 2 8T 087 hereby cep ti lies that: ar „ a . ._." �.0,ft_._..._.° UIea's ....... ..........._ t (Nanie of Business) I. Publish as statement notil"Yung employees that the unlawful nwanullactuurc,distribution,dispensing,possession,or use of �f as controlled substance is prohibited in the workplace and specifying the actions that will he taken against employees for violations of"such prohibition. 2. Inform earn aloe e.es about the dangers of drug abuse in the workplace,tdae business's oc lic of rriauuntauunin=wa drug-free p y" F1 y F wworkpalauce, any available dnig counseling, rehalailitaation,and employee assistance larogratns, and(lie penalties that may he imposed upon employees for drug abuse violations. �I 2. give each employee engaged in providing the caanaanp:acditics or contractual services that are tinder laid a copy of the J statement specified in subsection(d). l 4, In the staakeaaaa~uat specified in saatrsecti+.suw(1), uaaatit"y the eaawpudcayeu°s that,as a cewnulikican crod`ww°carlupnpp on the ccauranauaditues or contractual services that are under hied, the employee will abide by the terms of the stwatenaent and wawi'll notify the employer of any conviction of,or plea of guilty or nolo contenedere tcr„any violation of C,hapater 893 (FloridaStatutes)or of"any controlled substance law of'the United States or any state,for au violation occurring in the workplace no later than f five(5)days after such conviction, 5, Impose au sanction case.,or require, (lie satisfactory participation in as drug abuse assistance or rehabilitation parogpraain if such is available in the employee's community,or any eraupaloyee who is so convicted. 6. Make as good Utla effort to continue to maintain a drauf-free workplace thraauu h implementation of(his section. t J As the person authorized to si uu the staaterrient, l cerkpf�that this firm complies dully with the above requirements, ' STA,rE OF (Signature cat` espondent COUNTY OFN � f m. w . . m�..._.� �.....m ._ � ..... .. . Date PERSONALLY IC' ALL" APPEARED E FORE ME, theundersigned authority„ who, alder first teeing sworn by nee, (.n;,arne of in ivicdua:l in spaceprovided cave on thus t �, m day tales rsignature in th ........�_ctj _ _ ..n_.. 2 �ktttti a t �� his/her ° My ccammtssi.nama expires: ywww " Notary Public,State of Florida a MY COmM,Expires Jut $, t4 air aaraamr ssteuru ap E 128 " ridiaI Bonded tN ou gh Nabonall Notary Asso, 25 i% PUBLIC E�NTITY CRIMIE STATEMENT fJ Ij "'A person or affiliate who has been placed our the convicted vendor lust following a conviction for public entity crime may not submit a bid on a contract to provide anygoods or l entity for the �caM�structiu�ru c�uW repair of a public bid cM� contract vwautl�u public services to � public cu�utMt , may u�uat submit l y � p• " l is building or public, work, may not f submit bids on leases of real property to public entity, may not be awarded or Pcrform r work as a contractor, supplier, subcontractor, or consultant Linder a contract with any t 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."' h„ By executing below, proposer states that he/shc/it is in con liance. _... ..m......... m....... w . �; ignatur STATE OF (Sign rrr o *espondent) DATE PERSONALLY APPEARED BEFORE ME,the undersigned authority, r who, after first being,sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this f f ' dad of 2(i I .a , commission expires: i -AhL 1 t �� Notary Public.State of]2014 M�y�Gom m.ExpO�a�a Jul B ande 'ltnrough Motional Not 26