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#13-6096 (Allied Recycling, Inc.)ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE t6t*TYATT0RNE _. „ Routed by Purchasing Department to Office Initials Date the Following Addressee(s) (Ire routing order) October 22, 2013 Initial Applicable) 1. Risk Management Risk DD Agenda Date Item was October 22, 2013 Agenda Item Number 16.C.1 " 2. County Attorney Office County Attorney Office }� Type of Document Contract L_ 1 nn U 5�*- Number of Original N l 3. BCC Office Board of County WN PO number or account Commissioners 0 10)z!56 4. Minutes and Records Clerk of Court's Office ` Recycling 5. Return to Purchasing Department Purchasing Contact: Diana DeLeon The Chairman's signature line date has been entered as the date of BCC approval of the N/A PRIMARY CONTACT INFORMATION Name of Primary Diana DeLeon for Rhonda Tibbetts, Phone Number 252 -8375 Purchasing Staff October 22, 2013 Initial Applicable) Contact and Date Does the document require the chairman's original signature? DD Agenda Date Item was October 22, 2013 Agenda Item Number 16.C.1 " Approved by the BCC provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet. Type of Document Contract L_ 1 nn U 5�*- Number of Original 2 Attached .Qw Documents Attached PO number or account N/A A Solicitation / Contract 13 -6096 Allied number if document is All handwritten strike - through and revisions have been initialed by the County Attorney's NumberNendor Name Recycling to be recorded Office and all other parties except the BCC Chairman and the Clerk to the Board INSTRUCTIONS & CHECKLIST t�2'� 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 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 BCC, all changes directed by the BCC have been made, and the document is ready for Chairman's signature. t�2'� 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: Allied Recycling 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 ?1SK M /'%, ii, VAE_N "SALE OF RECYCLED MATERIALS" As per a mutual agreement between Collier County, hereinafter called the "County" and Allied Recycling 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 scrap metal and aluminum cans 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: • Scrap Metal: Vendor is required to provide 30 cubic yard open top roll -off containers on a regular on -call basis. 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. • 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. • 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. Page 1 of 4 CAq 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 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 Page 2 of 4 a 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. 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) indicated below. VENDOR Page 3 of 4 a� 0 ATTEST Witnqfis By: Jaa4 94/z444 Dated: o L;IV13 ATTES'I� DWfOHT E, Blt8r-t CLERK By.. a Attest-as to ChairmapVE vry-mRK signature only. A ov for and legality: Scott R. Teach Deputy County Attorney Allied Recycling Inc. 0 Title: l.,'• p, Dated: 16�zLU, i3 I:• • 0 Page 4 of 4 COMMISSIONERS i', FLORIDA GEORGIA A HILLER, ESQ. CHAIRWOMAN a� ALLIREC -02 KGEEGAN CERTIFICATE OF LIABILITY INSURANCE DATE 017/2013 10/7/2013 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 Van Meter Insurance Group PO Box 1779 Bowling Green, KY 42102-1779 NAME: Katie Geegan PHONE FAX A/c Na E,� ;1 (270) 781 -2020 A/c No): 1 (270) 843 -8808 n oRlESS: INSURER(S) AFFORDING COVERAGE NAIC # EG12158235 INSURERA:AIG /Chartis Specialty Insurance Company 26883 EACH OCCURRENCE INSURED INSURER B: Liberty Mutual Insurance Company 23043 INSURER C $ 25,000 Allied Recycling, Inc. INSURER D PO Box 2506 Fort Myers, FL 33907 INSURER E GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PRO- LOC INSURER F: $ 2,000,000 COVERAGES CERTIFICATE NUMBER: 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. ILTR TYPE OF INSURANCE INSR WV POLICY NUMBER MM DIDIIYYYY MMIDDfYYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 7 OCCUR X Pollution Liab See EG12158235 10/1/2013 10/112014 EACH OCCURRENCE $ 1,000,000 PREMISES Ea occurrence $ 500,000 MED EXP (Any one person) $ 25,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PRO- LOC PRODUCTS - COMP /OP AGG $ 2,000,000 $ B AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED SCHEDULED AUTO S AUTOS X HIRED AUTOS X NON -OWNED AUTOS AIC -Z91- 461511 -013 10/1/2013 10/1/2014 MBINED SINGLE LIMIT (CEO, accident $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE PER ACCIDENT $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE EGU12174300 10/1/2013 10/1/2014 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED I X I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER /EXECUTIVE OFFICERIMEMBER EXCLUDED? [7 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT 1 $ B B Comml Inland Marine Contractor's Equip BMO 55769514 BMO 55769514 10/1/2013 10/1/2013 10/1/2014 10/1/2014 Leased /Rented 400,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Certificate Holder is listed as Additional Insured in regards to the General Liability as required by written contract. Collier County Government Purchasing Director 3227 Tamiami Trail E Naples, FL 34112 UAMUMLLA I IVIV SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE - az"�� �41 � _A= ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD ALLIE -7 OP ID: OQ ACORO" CERTIFICATE OF LIABILITY INSURANCE DATE 05//17/2013 1712013 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 Phone: 239 -261 -6116 Dawson of Florida; Naples 6609 Willow Park Drive Fax: 239 - 261 -2803 Naples, FL 34109 Steven C. Bueltel CONTACT PHONE FAX A/c No Ext: A/C No): E -MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A:Bridgefield Employers 10701 PREMISES Ea occurrence INSURED Allied Recycling, Inc. 3770 Veronica S Shoemaker Blvd INSURER B: $ PERSONAL 8 ADV INJURY $ Fort Myers, FL 33916 INSURER C: GENERAL AGGREGATE INSURER D : GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO LOC PRODUCTS - COMP /OP AGG INSURER E.. $ INSURER F: AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS COVERAGES CERTIFICATE NUMBER: 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 LTR TYPE OF INSURANCE POLICY NUMBER MMIDDY MM /DD/YYYY LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 7 OCCUR EACH OCCURRENCE $ PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO LOC PRODUCTS - COMP /OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ UMBRELLA LIAB EXCESS LIAB OCCUR EACH OCCURRENCE $ HCLAIMS-MADE AGGREGATE $ DED I I RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER/EXECUTIVE Y❑ OFFICER/MEMBER EXCLUDE07 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA 0830 -52263 01/28/2013 01/28/2014 X WC STATU- OTH- T CRY LIMIT ER E.L. EACH ACCIDENT $ 1,000,00 E.L. DISEASE - EA EMPLOYEE $ 1,000,00 E.L. DISEASE - POLICY LIMIT $ 1,000,00 I DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION Collier County Government Purchasing Director 3227 Tamiami Trail E Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD