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#13-6096 (A & D Scrap Material, Inc.) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE COUNTY ATTORNEY PINK ROUTING SLIP Routed by Purchasing Department to Office Initials Date the Following Addressee(s) (In routing order) 1. Risk Management Risk X64/.5 2. County Attorney Office County Attorney Office (03 3. BCC Office Board of County GA4 Commissioners c57 l2.513 4. Minutes and Records Clerk of Court's Office 1O( (r3 10:2tIkkiNv 5. Return to Purchasing Department Purchasing Contact: Diana DeLeon PRIMARY CONTACT INFORMATION Name of Primary Diana DeLeon for Rhonda Tibbetts, Phone Number 252-8375 Purchasing Staff October 22,2013 Contact and Date Agenda Date Item was October 22,2013 ✓ Agenda Item Number 16.C.1 Approved by the BCC Type of Document Contract n 7 �j,��p Number of Original 2 Attached U -lfn 5ak_ek e {" Documents Attached PO number or account N/A eACCtI2ACIAS Solicitation/Contract 13-6096 A&D Scrap number if document is NumberNendor Name Material to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? DD 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters,must be reviewed and signed ` t by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's DD signature and initials are required. 7. In most cases(some contracts are an exception), an electronic copy of the document and DD this routing slip should be provided to the County Attorney's Office before the item is input into SIRE. 8. The document was approved by the BCC on the date above and all changes made DD during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the �p BCC,all changes directed by the BCC have been made, and the document is ready for t Chairman's signature. MEMORANDUM Date: October 29, 2013 To: Diana De Leon, Contract Technician Purchasing Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Agreement #13-6096 "MOU for Sale of Recycling Materials" Contractor: A & D Scrap Material Attached is an original of the document referenced above (Agenda Item #16C1), approved by the Board of County Commissioners on Tuesday, October 22, 2013. The original will be held on file with the Minutes and Record's Department in the Board's Official Records. If you have any questions, please contact me at 252-7240. Thank you. Attachment Memorandum of Understanding For "SALE OF RECYCLED MATERIALS" As per a mutual agreement between Collier County, hereinafter called the "County" and A & D Scrap Material Inc., hereinafter called the "Vendor", this Memorandum of Understanding, hereinafter called "Memorandum" shall commence upon issuance of a Notice to Proceed for the services described as follows: I. Statement of Work: It is agreed by the Vendor that it shall furnish the County with the professional,technical, administrative, and clerical services necessary to complete the work as follows: Sale of County recyclable materials collected at its recycling drop-off centers, including mixed paper and cardboard baled and loose from the following location(s). • Naples Recycling Center, 2640 W Enterprise Ave,Naples, FL, 34104 • Other sites may be added as requested by the County. SCOPE OF WORK: The Vendor will provide the following services: • Recyclable Materials—Baled: Recyclable materials that are baled will be removed by the Vendor at no cost to the County from the County Recycling drop-off centers. The vendor agrees to pickup materials within 24 hours of being contacted, on an as needed basis, or in the threat of a hurricane or other natural disaster, at no extra charge to the County. • Recyclable Materials—Loose: Recyclable materials that are loose and not baled will be transported by the County to the Vendor's facility for weighing, processing and payment on an as needed basis. • Be capable of expanding the above list services to other sites as needed for future growth within Collier County • Provide a recycling facility tour if requested by Collier County SWMD • Compliance with all applicable laws, rules, and regulations • Provide all documentation as required by applicable EPA, DOT, Florida DEP, and Collier County Florida, to include but not limited to: Recycling Manifests, Occupational License, Waste Manifests, Shipping Papers. • Registration, Permits, Insurance, Certificate of Liability, OSHA Training, Fire Department Facility Approval. Page 1 of 4 G4' • Detailed per load invoicing to include weight of material received Provide emergency pickup within eight (8) hours of notice for inclement weather or any reason to be determined by Collier County. II. Compensation: Payment shall be issued within ten (10) business days and be based on weight tickets provided as back-up. Payment is based on the current market value of the American Metals Market or the Official Board Market. Checks shall be made payable to the Board of County Commissioners, and shall be mailed to: Naples Recycling Drop-Off Center 2640 Enterprise Avenue West Naples FL 34104 Verification of how market value was determined will be attached as back-up to the check for the particular commodity being recycled. III. Additional Services: As required, shall be mutually agreed upon in writing in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. IV. Term: The contract shall be for a one (1) year period, commencing on date of award by the Board of County Commissioners. County reserves the right to renew said contract with consent of the Vendor for three (3) additional one (1) year contract periods under the same terms and conditions. The Vendor or the County may upon initiation of either party change this Memorandum in writing to cure any ambiguity, defect, omission or to grant any additional powers, or to confer additional duties which are consistent with the intent and purpose of this Memorandum subject to mutual agreement of such change by both parties. Any modifications to this contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. V. No Partnership: Nothing herein contained shall create or be construed as creating a partnership between the County and the Vendor or to constitute the Vendor as an agent of the County. VI. Permits, Licenses, and Taxes: In compliance with Section 218.80, Fla. Stats, all permits necessary for the prosecution of the Work shall be obtained by the Vendor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Vendor. The Vendor shall also be solely responsible for payment of any and all taxes levied on the Vendor. In addition, the Vendor shall comply with all rules, regulations and laws of Collier County, the State of Florida, and the U. S. Government now in force or hereafter adopted. The Page 2 of 4 d'J Vendor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Vendor. VII. Termination: Should the Vendor be found to have failed to perform his services in a manner satisfactory to the County as per the specifications and requirements of this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty(30) day written notice. The County shall be sole judge of non-performance. VIII. No Discrimination: The Vendor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. IX. Insurance: The Vendor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Vendors; Products and Completed Operations and Contractual Liability. (Occurrence Form) patterned after the 1985 I.S.O. form with no limiting endorsements. B. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Employer's Liability shall have a minimum of$1,000,000 single limit per occurrence. D. Automobile Liability: Coverage shall have minimum limits of$1,000,000. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Vendor during the duration of this Agreement. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There shall be a 30 day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Vendor shall provide County with certificates of insurance meeting the required insurance provisions. X. Indemnification: To the maximum extent permitted by Florida law, consultant shall indemnify and hold harmless County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of consultant or anyone employed or utilized by the consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. County and Vendor agree that this Memorandum is the product of mutual negotiation between County and Vendor. Page 3 of 4 IN WITNESS WHEREOF, the Vendor and the County have each, respectively, by an authorized person or agent,hereunder set their hands and seals on the date(s) 'idicated below. VENDOR ATTEST: —(1'4/ JP Witness A&D Scrap Material Inc. p BY: i Pw-1-401-1-- By: 3-D'C g Y.y fi Dated: )3.. I3 Title: Qlit\) V•7' Dated: ) Q— )7° 1 ATTEST: - BOARIIO. C R UNT' COMMISSIONERS DWIGHT E. BROCK,CLERK OF COLLI I R 0 Y, FLORIDA ■ By: ,�1w I �►a By: \ 1 1 Y• Attest as to Chairmen Y RK G�A HILLER, ESQ. signature only. CHAIRWOMAN 10\2.:z\t3 • pp s v.1 for yo and legal' . cott R. Teach Deputy County Attorney Page 4 of 4 (4 Oct, 7. 2013 11 : 22AM No. 4485 P. 1/1 ACORD CERTIFICATE OF LIABILITY INSURANCE �ATE(MM 13) 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 policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Robin Amax NAME: FAX Alan Williams & Assoc Ins Agency Inc (A/C,No,Ext): (239)418-1100 _ C,No): (239)416-1164 13720-2 Ben C. Pratt/ E-MAIL robin @awainsurance.com ADDRESS Six Mile Cypress Pkwy INSURER(S)AFFORDINGCOVERAGE NAIC# Ft.Myers FL 33912 INSURER A:Retail First Insurance Company 10700 INSURED INSURER B: A & D Scrap Materials, Inc. INSURER C: 3066 Cranford Avenue INSURER D: INSURER E: Fort Myers FL 33901 INSURERF: COVERAGES CERTIFICATE NUM BER:CL1310113469 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. INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER SMMIDDIYYYY)_(MMIDDIYYYYL GENERAL LIABILITY EACH OCCURRENCE $ — DAMAGETO RENTED COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY 7 JECT LOC ' AUTOMOBILE LIABILITY (Ea acccidenl)SINGLE LIMIT $ BODILY INJURY(Per person) $ — ANY AUTO —ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS _ AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) $ UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION 0520-30517 03/29/2013 03/29/2014 X,TORYLIMITS ER AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N N!A E L EACH ACCIDENT $ 100,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E L DISEASE-EA EMPLOYEE $ 100,000 I(yes,describe under E.L.DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) CERTIFICATE HOLDER CANCELLATION 334-6395 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Collier County Board of County Commission 3327 Tamiatn>. Trail E AUTHORIZED REPRESENTATIVE Naples, FL 34112 Esther Maddux/ARIELL ACORD 25(2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. INSII75 Onlnnfil 01 The Arrm'l name anr1 Innn arc rnniefnrnrl mark*of arrlPfl "`C-_-O' CERTIFICATE OF LIABILITY INSURANCE DATE 09/27/13 ) PRODUCER Dozier Insurance Agency THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION P.O. Box 242068 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Montgomery,AL 36124 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Phone (334)420-3798 Fax (334)356-3867 INSURERS AFFORDING COVERAGE NAIC# INSURED A&D Scrap Material INSURER A Lexington Insurance Company 64356 3066 Cranford Ave INSURER B Illinois Nationa Insurance Company 23817 INSURER C Fort Myers. FL 33901- INSURER D INSURER E COVERAGES INSURER F THE POLICIES OF INSURANCE LISTED 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 AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ADD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD DATE(MM/DDIYY) DATE(MM/DDIYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE 1,000.000 d COMMERCIAL GENERAL LIABILITY 41 LX62637290 11/12/12 11/12/13 TO RENTED PREMISES(Ea occurence 300.000 DG CLAIMS MADE V OCCUR MED EXP(Any one person) 10,000 A _ PERSONAL&ADV INJURY 1,000.000 GENERAL AGGREGATE 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG 2,000,000 POLICY PROJECT ❑ LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 ANY AUTO 06CA62699445 11/12/12 11/12/13 (Ea accident) 4 ALL OWNED AUTOS BODILY INJURY B E ❑ SCHEDULED AUTOS (Per person) E HIRED AUTOS NON OWNED AUTOS Per ccid INJURY PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT ANY AUTO OTHER THAN EA ACC AUTO ONLY. AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE 1,000.000 41LX62637290 11/12/12 11/12/13 e, OCCUR CLAIMS MADE AGGREGATE 1,000,000 A DEDUCTIBLE RETENTION S WORKERS COMPENSATION AND WC STATU- OTH- EMPLOYERS'LIABILITY TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L EACH ACCIDENT OFFICER r MEMBER EXCLUDED If yes,describe under E.L.DISEASE-EA EMPLOYEE SPECIAL PROVISIONS below E.L DISEASE-POLICY LIMIT OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Certificate Holder is named as additional Insured in regards to the Liability Insurance listed above CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL Collier County Board of County Commissioners 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO 3327 Tamie Ami Trail East THE LEFT.BUT FAILURE TO p0 SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON-THE INSURER,ITS AGENTS OR REPRESENTATIVES. Naples, FL 34112 i AUTHOR RE ESENT4T4Vg ACORD 25(2001/08)QF c ACORD CORPORATION 1988