STATE PURCHASING AGREEMENT
for
RECLAIMING MERCURY FROM SPENT LAMPS, ALONG WITH PROPER DISPOSAL OF
END OF LIFE BALLASTS AND BATTERIES
Commodity Code(s): 991-705
SPA #:__ 9913245
Begin Date: 01/08/2010 End Date: 1/07/2011
Ordering Instructions
AERC.com, Inc. – Pg. 19
Veolia ES Technical Solutions, L.L.C. – Pg. 28
Purpose
The purpose of this eQuote is to establish a one (1) year Agreement for the purchase of Reclaiming
Mercury from Spent Lamps, along with proper Disposal of End of Life Ballasts and Batteries. The term of
the Agreement is estimated to begin January 7, 2010. The MyFloridaMarketPlace eQuote Tool will be
utilized to conduct this competitive event.
Terms & Conditions
The standard terms and conditions contained within PUR7722 (Exhibit A) are incorporated into this
document and become an integral part of the ensuing State Purchasing Agreement.
Orders
The estimated annual spend on this Agreement is $300,000. This estimated figure is supplied as a guide for
preparing responses and should not be construed as representing actual sales.
Note: This eQuote process shall result in a State Purchasing Agreement, not a Purchase Order (PO)
or Direct Order (DO). State of Florida agencies and other eligible users shall provide orders via
MyFloridaMarketPlace, Purchase Order, or P-Card Order (i.e. Visa, MasterCard, American Express, etc.)
based upon their individual needs.
There is no annual cap on the number of purchases made from this Agreement. The sum of all Purchase
Orders issued from the ensuing SPA must not exceed Category II ($25,000.00) by any State of Florida
agency or other governmental eligible user within a fiscal year. Please reference Florida Statute
287.042(2)(a) and Florida Administrative Code 60A-1.025.
Though the use of State Term Contracts is mandatory for agencies [Rule 60A-1.044(2), FAC] and nonmandatory for other eligible users, State Purchasing Agreements are optional and to be used at the discretion
of the State of Florida agencies and other eligible users. Any items (or like items) within this State
Purchasing Agreement that are on State Term Contracts are ineligible for agencies under this Agreement.
Eligible Users
Florida Administrative Code identifies eligible users as:
60A-1.005 Eligible Users.
The following entities are eligible users:
(1) All governmental agencies, as defined in Section 163.3164, F.S., which have a physical
presence within the State of Florida;
(2) Any independent, nonprofit college or university that is located within the State of
Florida and is accredited by the Southern Association of Colleges and Schools.
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Specific Authority 287.042(12) FS. Law Implemented 287.012(12) FS. History–New 8-2404.
Florida Statute identifies eligible users as:
Section 163.3164:
(9) "Governing body" means the board of county commissioners of a county, the
commission or council of an incorporated municipality, or any other chief governing
body of a unit of local government, however designated, or the combination of such
bodies where joint utilization of the provisions of this act is accomplished as provided
herein.
(10) "Governmental agency" means:
(a) The United States or any department, commission, agency, or other
instrumentality thereof.
(b) This state or any department, commission, agency, or other instrumentality
thereof.
(c) Any local government, as defined in this section, or any department, commission,
agency, or other instrumentality thereof.
(d) Any school board or other special district, authority, or governmental entity.
A partial listing of the eligible users may be found on the State Purchasing web site:
http://dms.myflorida.com/business_operations/state_purchasing/doing_business_with_the_state_of_florida/
contact_a_purchasing_professional/agency_purchasing_officers. (Please press Control Key, and then Click
on web site link.)
Certification and Electronic Signature
By completing and responding to this eQuote, the Vendor is agreeing to all terms and conditions of the
Agreement, including those of PUR 7722 (Exhibit A). The Vendor certifies that the discounted prices stated
will hold for the duration of the Agreement and that all products meet or exceed the manufacturer’s
warranty. Price decreases are acceptable on invoice(s) presented for payment.
Technical Documentation & Price List
All products/services quoted must meet or exceed all requirements of this eQuote. The Vendor must provide
a scanned copy of their current catalog, website address where their products and price list can be
viewed, and/or standard rate information, whereby an evaluation can be made of the percent discount
offered by the Vendor from their standard list prices and service fees. The effective date and the
discount off list price should be shown on the Price Sheet pages (Exhibit B) for each quoted response.
The purpose of this request, for technical documentation and/or price list, is required to demonstrate
compliance of the product/service quoted and to allow a technical evaluation of the product/service and
verification of a true savings to the State of Florida agencies and other governmental eligible users. The
Vendor shall provide ordering agencies with a catalog of products, if requested. The Vendor may be
required to provide a catalog of products to this office (DMS), if needed.
Authorized Dealers/Distributors and/or Service Locations
On any Agreement where orders will be directed to Authorized Dealers/Distributors or listing Service
Locations, this information shall be provided by the Vendor on the Authorized Dealers/Distributors and
Service Representatives Locations page (Exhibit F). Any subsequent revisions shall be submitted in the same
format to the Division of State Purchasing, Agreement Administrator for review and approval prior to
implementation. Failure to submit the information required in this section will be grounds for
disqualification of your response and/or removal from any resulting Agreement.
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Delivery & Shipping
Prices and/or discounts quoted shall include ground shipping (1-5 business days), F.O.B Destination, to any
location identified by the ordering agency or an ordering eligible user. Shipment upgrades to Overnight or
2nd Day delivery must be made available by the Vendor. Within five (5) days after receiving a purchase
order, the Vendor shall notify the Customer of any potential delivery delays. Evidence of inability to
deliver, or intentional delays, shall be cause for Agreement cancellation and Vendor suspension.
Transaction Fee
The State of Florida has instituted MyFloridaMarketPlace, a statewide eProcurement System (“System”).
Pursuant to section 287.057(23), Florida Statutes (2002), all payments shall be assessed a Transaction Fee of
one percent (1.0%), which the Vendor shall pay to the State, unless exempt pursuant to 60A-1.032, F.A.C.
For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when
possible, be automatically deducted from payments to the Vendor. If automatic deduction is not possible,
the Vendor shall pay the Transaction Fee pursuant to Rule 60A-1.031(2), F.A.C. By submission of these
reports and corresponding payments, Vendor certifies their correctness. All such reports and payments shall
be subject to audit by the State or its designee.
Vendor shall receive a credit for any Transaction Fee paid by the Vendor for the purchase of any item(s) if
such item(s) are returned to the Vendor through no fault, act, or omission of the Vendor. Notwithstanding
the foregoing, a Transaction Fee is non-refundable when an item is rejected or returned, or declined, due to
the Vendor’s failure to perform or comply with specifications or requirements of the agreement.
Failure to comply with these requirements shall constitute grounds for declaring the Vendor in default and
recovering reprocurement costs from the Vendor in addition to all outstanding fees. VENDORS
DELINQUENT IN PAYING TRANSACTION FEES SHALL BE EXCLUDED FROM
CONDUCTING FUTURE BUSINESS WITH THE STATE.
Purchasing Card Program
The State of Florida has implemented a purchasing card program, using the Visa platform. Vendors may
receive payment from state agencies by the purchasing card in the same manner as other Visa purchases.
Visa acceptance is mandatory but is not the exclusive method of payment. The State will not fill out any
contractor forms or contracts in association with the Vendor accepting a purchasing card payment. Vendors
are not allowed to charge a fee for accepting a purchasing card payment. Surcharges or convenience fees
are prohibited. Fees should not be charged for using a purchasing card unless the fees are charged for all
methods of payment (cash, check, debit cards, vouchers, etc.), and must be approved by the Customer prior
to order acceptance.
On-line billing or payment systems maintained by the Vendor will not store the card holder’s account
number and expiration date for re-use. Card holders will provide the Vendor with card account information
at each transaction.
When an ordering state agency makes a purchase using the State Purchasing Card as method of payment,
the language in paragraph 7, Transaction Fee, on the attached form PUR 7722 does NOT apply.
When the State Purchasing Card is not used as a method of payment, or a purchasing card other than the
State Purchasing Card is used, paragraph 7 DOES apply. Please indicate your ability to accept VISA in the
space provided on the Ordering Instructions page (Exhibit E) of the eQuote.
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Questions
If you have questions regarding how to use the eQuote tool (i.e., review a quote, submit a supplier response,
download an attachment, etc.), please contact the MyFloridaMarketPlace (MFMP) Customer Service Desk
at 1-866-352-3776 or at VendorHelp@myfloridamarketplace.com.
If you have questions pertaining to the content of this eQuote document, please contact the agency contact
person, Trey Collins, by telephone at (850) 488-7516 or by email at Trey.Collins@dms.myflorida.com.
Licenses, Permits, Other Charges
The Vendor shall pay for any and all licenses, permits, other charges and taxes and shall comply with all
laws, ordinances or other requirements applicable to the work specified during the term of this Agreement.
Vendor and any Sub Vendors employed by the Vendor shall possess and shall maintain for the life of this
Agreement all permits, licenses, certificates, and approvals necessary for conducting business in the State of
Florida and distributing the products requested in this eQuote.
Vendor Complaints/Management
The Vendor shall be available to solve procedural and operational problems which may arise during and
after the State Purchasing Agreement is implemented. Problems must be solved in an expedient manner
once notification of the problem is given to the Vendor by DMS. Within five (5) working days after
notification of said problem, the Vendor shall submit to DMS, in writing, a report detailing how the problem
will be solved and the solution that will be implemented.
The Vendor's office shall be equipped with sufficient telephones and shall have a responsible person in
charge during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday excluding State of
Florida holidays, and shall provide for prompt handling of emergencies and all other special complaints or
calls.
SCOPE OF SERVICES
Background
Chapter 287, Florida Statutes (F.S.), authorizes Florida State Purchasing (Division) of the Department of
Management Services (DMS) to competitively procure services and commodities for State of Florida
agencies. Section 403.714, F.S., sets forth duties of State agencies regarding recyclable materials.
Recognizing that the potential exists for the reclaiming of potentially hazardous materials from fluorescent,
high intensity discharge (HID), and other lamps containing mercury at the end of their useful lives, the
Division desires to competitively procure the transpiration and recycling of such lamps as directed in
Section 403.714, F.S. Please see the following link for that statute:
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0403/
SEC714.HTM&Title=->2006->Ch0403->Section%20714#0403.714
Basic Responsibilities of the Vendor
Prior to arranging a pickup of any items, the Vendor(s) shall provide proper labeling to identify containers
for storage of the items, if requested for Agencies/Eligible Users. The Vendor shall, on an as needed basis,
provide for the packaging, loading, transportation, unloading and audit trail documentation of Reclaiming
Mercury from Spent Lamps, along with proper Disposal of End of Life Ballasts and Batteries as specified
and described on the Price Sheet.
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The Agency/Eligible User shall provide storage of materials to be picked up at one location per each work
order, allowing only one stop for actual pickup of any of the materials or a combination of the materials.
The Vendor shall respond within 48 hours of receipt of purchase order, to acknowledge request for service
and issue a Work Order Document Number. All items listed on the associated work order shall be removed
from the requesting site as agreed to in writing with the Customer, not longer than 30 days from receipt of
purchase order.
Work Orders
The Vendor shall verify item description, count and/or weights listed on each Work Order (Exhibit I). The
Vendor shall provide appropriate packaging, loading, and transportation for items located in a single
location as specified by the work order. Each work order shall include, but is not limited to:
 Vendor Name
 Vendor Address
 Vendor Phone Number
 Vendor Work Order Number
 State Purchasing Agreement Number
 Requesting Agency
 Agency Contact
 Purchase Order/Purchasing Card Order Number (if a Purchasing Card, i.e., Visa, MasterCard, or other,
then Vendor’s accounting personnel shall call the Agency/Eligible User for their card number and
expiration date.)
 Specific Location Where the Materials are Consolidated for Pick-Up
(For example: street address, building name, floor, room number, and etc.)
 Pick-Up Date and Time (written and agreed upon by both parties)
 A Listing of the Equipment to be Recycled/Reused/Disposed of, and
 The Quantity of the Items in Each Category as Specified on the Price Sheet and verified by the Vendor.
(A copy of the price sheet with quantities shall accompany each Work Order.)
For each work order issued, the Vendor shall allow a pick-up and process time of 30 minutes. Per work
order, in circumstances where the 30 minute pick-up time is exceeded, please provide written
documentation supporting the necessity for the ADDITIONAL PICK-UP TIME. Additional Vendor pick-up
time (not to exceed a maximum of 1.5 hours, per work order, unless agreed to in writing by both parties)
may be billed to the requesting entity/customer at the rate submitted on the Price Sheet under
ADDITIONAL PICK-UP TIME.
The Pick-up Date and Time must be honored by all procedural methods and means. If the Vendor fails to
perform, the State of Florida agency or other governmental Eligible User/Customer must report this inaction
to the Agreement Administrator using the Complaint to Vendor form PUR 7017. Press control then click
this link to view form:
http://dms.myflorida.com/index.php/content/download/753/3568/version/13/file/PUR7017+%2804-05%
Certificate of Recycling/Disposal
The Vendor shall provide a Certificate of Recycling/Disposal to document that all recovered materials from
Reclaiming Mercury from Spent Lamps, Along With Proper Disposal of End of Life Ballasts and Batteries
are recycled and/or properly disposed of. Documentation of the recycling/disposal actions for each category
shall be reported within 90 days of receipt of the Purchase Order requesting the performance of the service
to the respective agency representative and referenced by the Work Order Number/Purchase Order Number.
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Qualified Vendor
To qualify for a State Purchasing Agreement, the Vendor shall meet or exceed all Agreement requirements,
shall submit documentation as required by the State, and have and maintain the required valid permits for a
mercury recovery facility in the State of Florida under Chapter 62-737, F.A.C. The Florida Department of
Environmental Protection has been contacted to confirm Vendors that have the required permits to respond
to this eQuote. If your company does NOT have the required permits, please follow the instructions in the
Required Documents section.
Rule and Statute
Reference Florida Administrative Code Rule Chapter 62-737: The Management of Spent MercuryContaining Lamps and Devices Destined For Recycling.
Reference Florida Statute 403.7186: Environmentally sound management of mercury-containing devices
and lamps.
Reference Florida Statutes 403.717: Waste tire and lead-acid battery requirements.
Florida law prohibits the disposal of lead-acid and nickel-cadmium rechargeable batteries into the regular
solid waste stream. See 403.708(13)(a) and 403.7192(3), F.S.
Quantity Discounts
Vendor is urged to offer additional discounts for one time pick-up of large single orders at the same location
in the space provided on the Price Sheet. Vendor, please provide the Quantity for which an Additional
Discount to be applied on the Price Sheet.
Batteries: State Requirements
The State of Florida holds a disposal ban on Nickel Cadmium, Small Sealed Lead (Ni-Cd/SSLA), and all
types of lead batteries (including but not specifying SSLA batteries). All end users are prohibited from
throwing in trash and must proceed with recycling/proper disposal through a manufacturer/distributor or
other collection program. Participation in the national RBRC program is an easy way to comply.
Batteries: Federal Requirements
Federal law requires, with certain exceptions, used Ni-Cd and SSLA batteries to be managed as Universal
Waste (40CFR Part 273).
Damages Upon Termination
DMS’ exercise of the right to terminate shall not release the Vendor from its obligation to pay damages
incurred by the State due to any breach by Vendor without obligation to the Vendor.
Vendor Default
In the event that Vendor suspends business or if Vendor is declared in default by the State, the State reserves
the right to reclaim any or all recyclable products released to the Vendor by the State without obligation to
the Vendor.
Required Documents
1. Provide documentation of compliance with environmental protection policies and other regulatory
permits required by the Florida Department of Environmental Protection (DEP) as proof of valid permits
required for a mercury recovery facility under Rules 62-737.840, and 62-210.300, F.A.C. This requires 2
permits: one under 62-737.840, F.A.C., and the other, an air permit, under 62-210.300, F.A.C., issued by the
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Federal, State, County or other governmental unit(s) in the jurisdiction where the lamp processing facility is
located.
2. Provide evidence of insurance coverage.
3. Supply proof of end market agreements.
Vendor must have valid proof of the Florida Department of Environmental Protection (DEP)
required regulatory permits before a SPA is issued for Mercury Reclamation. Please view this web
address for contact information for the Florida Department of Environmental Protection: (click on Air
Resource Management) http://www.dep.state.fl.us/mainpage/contact.htm.
http://www.dep.state.fl.us/waste/categories/mercury/pages/forms.htm Vendor must provide the above
Required Documents, which should be clearly labeled as such, with their eQuote response, to be considered
for the State Purchasing Agreement.
Shipping Documentation
All shipments of Hazardous Waste generated by Florida State Government Agencies and eligible users shall
be accompanied by a Hazardous Materials Shipping paper or other approved shipping documentation,
completed by the generator, if and as required.
Department Failure to Enforce Performance
The failure of DMS at any time to require performance by the Vendor of any provisions hereof shall in no
way affect the right of DMS thereafter to enforce same. Nor shall waiver by DMS of any breach of
provisions hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver
of any provision itself.
End Markets
All processing/recycling/disposal Sub Vendors used by the Vendor for disposal of fluorescent/HID lamp
glass, aluminum end caps, phosphor powder, mercury, lead and other residuals shall be subject to approval
by the State of Florida. State of Florida officials shall base approval of end markets on proof of required
regulatory permits and environmental protection compliance records for the regulatory agency within the
jurisdiction where the processing/recycling facility is located, and/or based on investigations. The State of
Florida may also conduct environmental protection compliance audits at end market or disposal facilities.
Proof of end market agreements shall be provided with the response. Such documentation may be in the
form of letters of agreements/contracts on Sub Vendor letterhead, or copies of agreements/contracts
indicating scope of agreement, dates and signatures, and shall include the following:
A.
Identification of the principals participating in the Agreement, including companies and/or
individuals involved in the following:
1. Hauling or transporting of the recyclable materials
2. Collecting, sorting, and/or separating the recyclable materials
3. Processing the recyclable materials into raw materials or components that can be recycled
B.
The identification of these firms and/or individuals shall include the following:
1. Name of firm and/or individual
2. Address, telephone number, fax number
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3. Identification of officers, directors, and principals owning 25% or more of the firm and the name
of any officer, director or agent
4. Statement regarding the extent to which the participants in the Agreement include either Florida
based businesses or businesses with a Florida presence
State purchasing is to be notified in writing of any proposed changes to original processing, recycling, or
disposal Sub Vendors. The State retains sole discretion to accept and approve such requests when deemed to
be in the State's best interest. No changes shall be binding upon the State unless evidenced by a written
notice issued by the agreement administrator.
Additional Products/Services Not Listed
Additional products/services that are not listed on the Price Sheet (Exhibit B), but needed in conjunction
with those items to complete the performance/usage of this State Purchasing Agreement, will be provided
by negotiation between the Customer (End User) and the Vendor at no less than the average percent
discount offered for each item on the Price Sheet, as referenced on the Savings/Price Reductions page
(Exhibit D). Should approved items be discontinued, alternate products may be considered. Alternate
products offered shall meet the specifications and scope of the e-quote, and shall be made available at no
less than the average percent discount of the previously approved products.
Additional products/services may include new emerging technology and services that become available
during the term of this agreement. The Department reserves the right to accept or reject any individual
item(s) or all items offered as an Accessory or Service.
Product Information
Requests by Customers for product literature, specifications, and technical information must be provided
within five (5) working days after receipt of written request, at no charge to Customers.
Evaluation of eQuote Submittals
An Agreement will be issued to the lowest responsive and responsible Vendor(s) who offers the lowest net
price (Discounted SPA Price) on the products and services quoted. The lowest price(s) shall be determined
by applying the discount offered from the list price to get the lowest net price.
The Department of Management Services, Division of State Purchasing, reserves the right to issue a State
Purchasing Agreement with multiple vendors, if found that it is in the best interest of the State, and/or other
eligible users.
The Agreement may be issued to a Vendor(s) for services in all geographic areas, Statewide or Regional or
districts as depicted on the Service Coverage Form (Exhibit C). The service area response shall be at the
Vendor’s option (discretion). Please indicate your choice(s) on the Service Coverage Form (Exhibit C).
All other provisions of this document shall prevail.
Quarterly Sales Report
Vendor(s) must provide quarterly sales reports to the Agreement Manager/Administrator, due by the end of
each April, July, October and January. Please see the following chart for reporting any and all sales made
under this State Purchasing Agreement to the State of Florida agencies and other governmental eligible
users:
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1st Qtr:
2nd Qtr:
3rd Qtr
4th Qtr:
Reporting Quarter
Report Due
January - March
April - June
July - September
October - December
April
July
October
January
The information required to be submitted is the complete Customer contact information, products or
services provided, and the amount of the sale. Please use format in accordance with the Quarterly Report
template (Exhibit H).
Current SPA Expiration or Cancellation
As a result of this eQuote, the new Agreement will replace the current Agreement upon its expiration, if one
exists. Any State Term Contract established for like items or services may bring about the cancellation of
this State Purchasing Agreement by the Department of Management Services, if the Agreement is found to
be in conflict with a State Term Contract.
Minimum Requirements
Respondents shall:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Quote a discount off list prices (price charged to customer off the street) of the products that you
are quoting on the pricing page(s). Price(s) quoted should include: List Price, Percent Discount
given, and SPA Discounted Price (or as seen on Price Sheet pages).
Indicate length of time your company has been providing these products/services.
Provide Industry Requirements as noted on page 2.
Provide documentation of compliance and proof of end markets as noted on pages 6-7.
Electronically provide literature of products/services being quoted showing the List Price or a
website URL where the products/services and pricing can be viewed.
Website Address:
If in the completion of the products/services provided for in this Agreement, Installation charges
are necessary, please provide your quote on the Price Sheet pages (Exhibit B).
Indicate the Vendor’s service area (Exhibit C).
Provide Savings/Price Reduction (Exhibit D).
Provide Ordering Instructions (Exhibit E).
List your authorized dealers/distributors (Exhibit F).
Provide contact names and numbers (Exhibit G) if your firm is capable and willing to supply
item(s) offered in this solicitation during an emergency.
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PUR7722
State Purchasing Agreement
(Exhibit A)
1. PURPOSE & SCOPE: Under authority of Section 287.042(1)(a)
and (2)(a), F.S., the purpose of this State Purchasing Agreement (the
"Agreement") is to establish terms and conditions for the sale and
purchase of commodities or services between you (“You,” or
"Vendor”) and the State of Florida, Department of Management
Services ("Department"). This Agreement does not establish the
Vendor as the exclusive source of the items under contract, and other
Vendors may offer and sell similar products or services without
establishing a State Purchasing Agreement. State agencies are not
required to use this Agreement. This Agreement does not exempt
eligible users from the competitive solicitation requirements described
in Chapter 287, Florida Statutes.
2. TERM/TERMINATION: This Agreement has a term of one (1)
year from the Effective Date, as noted on Exhibit A. This Agreement
may be cancelled in whole or in part by either party at any time by
written notice to the other party. The effective date of the cancellation
will be as stated in the notice or on the date of receipt if the notice does
not specify a date certain. Vendor's failure to perform in any aspect of
this Agreement may result in immediate termination of this Agreement,
in addition to those remedies laid out in the relevant sections of the
Florida Administrative Code.
3. ELIGIBLE USERS: Eligible Users participating in the Agreement
do so according to the following terms: (1) non-State Eligible Users
assume and bear complete responsibility with regard to performance of
any contractual obligation or term; (2) breach of an Agreement term by
any particular Eligible User shall not be deemed a breach of the
Agreement as a whole, which shall remain in full force and effect, and
shall not affect the validity of the Agreement nor the Vendor’s
obligations to non-breaching Eligible Users or the Department; (3) the
State shall not be liable for any breach by a non-State Eligible User; (4)
each non-State Eligible User and the Vendor guarantee to save the State
and its officers, agents, and employees harmless from liability that may
be or is imposed by their failure to perform in accordance with their
obligations under the Agreement.
4. ORDERING LIMITS: Agency purchasing offices shall not make
purchases exceeding Category Two from this Agreement. Purchases
exceeding Category Two shall be made in accordance with s.287.057,
F.S. A purchasing office shall not divide its purchases with the purpose
of circumventing this requirement. When determining the purchase
amount for the purpose of applying the Category Two threshold,
agency purchasing offices shall review and consider concurrent and
planned or projected requirements on an agency-wide basis for the
remaining term of the Agreement at the time of order, except that
purchases by agencies with multiple purchasing offices shall be
considered and reviewed on the basis of the portion of the agency
served by the purchasing office issuing the purchase order.
This requirement does not preclude utilization of the Agreement to
fulfill subsequent unplanned or unforeseen orders at or below Category
Two, which would cause total orders under the agreement to exceed the
Category Two threshold.
5. PRODUCTS AND PRICING: The products/services offered by
the Vendor and the pricing of such products/services under this
Agreement are shown on Exhibit A, attached, which is hereby
incorporated by reference. The Vendor is urged to offer additional
discounts for one time delivery of large single orders. Eligible Users
should seek to negotiate additional price concessions on quantity
purchases of any products offered under the Agreement.
6. INVOICING AND PAYMENT:
(a) Taxes: The State of Florida does not pay Federal Excise and Sales
taxes on direct purchases of tangible personal property. This exemption
does not apply to purchases of tangible personal property in the
performance of agreements for the improvement of state¬owned real
property as defined in Chapter 192, Florida Statutes.
(b) Invoicing and Payment: Invoices must be submitted in accordance
with the Eligible User's specific instructions. Invoicing Eligible Users
at prices higher than those maintained in the agreement may result in
immediate termination of this agreement. The Vendor shall be paid
upon submission of properly certified invoices to the Eligible Users,
after delivery, inspection and acceptance of goods. Payment shall be
made in accordance with Section 215.422, Florida Statutes, which
states the Vendor’s rights and the State agency’s responsibilities
concerning interest penalties and time limits for payment of invoices.
Travel expenses, if applicable, will be paid pursuant to the provisions
of Section 112.061, Florida Statutes.
(c) Vendor Ombudsman: A Vendor Ombudsman has been established
within the Department of Financial Services. The duties of this
individual include acting as an advocate for Vendors who may be
experiencing problems in obtaining timely payment(s) from a State
agency. The Vendor Ombudsman may be contacted at (850) 488-2924
or by calling the State Comptroller’s Hotline, 1-800-848¬3792.
(d) Annual Appropriations: The State of Florida’s performance and
obligation to pay under this agreement is contingent upon an annual
appropriation by the Legislature.
7. TRANSACTION FEE: This Agreement has been secured using
MyFloridaMarketPlace, a statewide eProcurement system (the
"System"). Pursuant to s. 287.057(23), F.S., all payments shall be
assessed a Transaction Fee of one percent (1.0%), which the Vendor
shall pay to the State.
For payments within the State accounting system (FLAIR or its
successor), the Transaction Fee shall, when possible, be automatically
deducted from payments to the Vendor. If automatic deduction is not
possible, the Vendor shall pay the Transaction Fee pursuant to Rule
60A-1.031(2), F.A.C. By submission of these reports and
corresponding payments, Vendor certifies their correctness. All such
reports and payments shall be subject to audit by the State or its
designee.
Vendor shall receive a credit for any Transaction Fee paid by the
Vendor for the purchase of any item(s) if such item(s) are returned to
the Vendor through no fault, act, or omission of the Vendor.
Notwithstanding the foregoing, a Transaction Fee is non-refundable
when an item is rejected or returned, or declined, due to the Vendor's
failure to perform or comply with specifications or requirements of the
agreement.
Failure to comply with these requirements shall constitute grounds for
declaring the Vendor in default and recovering reprocurement costs
from the Vendor in addition to all outstanding fees. VENDORS
DELINQUENT IN PAYING TRANSACTION FEES MAY BE
EXCLUDED FROM CONDUCTING FUTURE BUSINESS WITH
THE STATE.
8. INSPECTION AND ACCEPTANCE:
(a) Inspection and acceptance of commodities:
10
(1) For Vendor-installed products, the date of acceptance is the
date the Eligible User accepts the product as installed and in good
working order, as determined by any appropriate acceptance
testing, and the Eligible User shall certify in writing to the Vendor
when the product is accepted (if training or other post-installation
services are included in the purchase order, the acceptance shall be
conditional).
(2) For buyer-installed products, the date of acceptance shall be the
delivery date. Until acceptance, risk of loss or damage shall remain
with the Vendor. The Vendor shall be responsible for filing,
processing, and collecting all damage claims. To assist the Vendor
with damage claims, the Eligible User shall: (i) record any
evidence of visible damage on all copies of the delivering carrier’s
Bill of Lading; (ii) report damage to the carrier and the Vendor;
and (iii) provide the Vendor with a copy of the carrier’s Bill of
Lading and damage inspection report.
(3) When an Eligible User rejects a product, Vendor shall remove
it from the premises within ten days after notification of rejection.
Upon rejection notification, the risk of loss of rejected or nonconforming product shall remain with the Vendor. Rejected
product not removed by the Vendor within ten days shall be
deemed abandoned by the Vendor, and the Eligible User shall have
the right to dispose of it as its own property. The Vendor shall
reimburse the Eligible User for costs and expenses incurred in
storing or effecting removal or disposition of rejected product.
(b) Inspection and acceptance of services: Each phase of the
services, including quality of work, rendered under this agreement
is subject to the Eligible User’s inspection during both the
Vendor's operations and after completion of the tasks. When the
Vendor is satisfied with the completion of the contracted work, and
prior to acceptance of any phase of work, Vendor shall submit a
written request for an inspection to the Eligible User’s Project
Manager. After inspection, the Eligible User’s Project Manager
will issue a punch list of deficiencies, if any. Upon completion of
the punch list, and correction of all deficiencies by the Vendor, the
Vendor Project Manager shall notify the Eligible User’s Project
Manager that the work has been completed satisfactorily. Final
inspection shall be performed prior to contract expiration date.
9. WARRANTY: Vendor shall provide to the Eligible User a one year
written warranty:
(a) against poor workmanship, for all services rendered by the Vendor,
(b) for all products, materials or equipment provided by the Vendor in
the course of providing service to the Eligible User, and
(c) for all commodities sold to the Eligible User.
The warranty period shall begin on the date of final completion and/or
acceptance by Eligible User. If the Vendor is a manufacturer or reseller
of computer software and offers separate maintenance/upgrade services
on Exhibit A, Vendor must provide at least a 30-day written warranty
for such software, instead of the one (1) year warranty described above.
10. INDEMNITY AND LIMITATION OF LIABILITY:
(a) General obligation of indemnity: The Vendor shall be fully liable
for the actions of its agents, employees, partners, or subcontractors and
shall fully indemnify, defend, and hold harmless the Eligible User(s)
and their officers, agents, and employees, from suits, actions, damages,
and costs of every name and description, including attorneys’ fees,
arising from or relating to personal injury and damage to real or
personal tangible property alleged to be caused in whole or in part by
Vendor, its agents, employees, partners, or subcontractors; provided,
however, that the Vendor shall not indemnify for that portion of any
loss or damages proximately caused by the negligent act or omission of
the Eligible User(s).
(b) Additional obligation regarding intellectual property
indemnification: The Vendor shall fully indemnify, defend, and hold
harmless the Eligible User(s) from any suits, actions, damages, and
costs of every name and description, including attorneys’ fees, arising
from or relating to violation or infringement of a trademark, copyright,
patent, trade secret or intellectual property right, provided that the
Eligible User(s) shall give the Vendor: (1) written notice of any action
or threatened action, (2) the opportunity to take over and settle or
defend any such action at Vendor's sole expense, and (3) assistance in
defending the action at Vendor's sole expense. The Vendor shall not be
liable for any cost, expense, or compromise incurred or made by the
Eligible User(s) in an infringement action without the Vendor's prior
written consent, which shall not be unreasonably withheld. If any item
sold hereunder is the subject of an infringement suit, or in the Vendor’s
opinion is likely to become the subject of such a suit, the Vendor may
at its sole expense procure for the Eligible User the right to continue
using the item or to modify it to become non-infringing. If the Vendor
is not reasonably able to modify or otherwise secure the Eligible User
the right to continue using the item, the Vendor shall remove the item
and refund the Eligible User the amounts paid in excess of a reasonable
rental for past use. The Eligible User shall not be liable for any
royalties.
(c) Remaining claims: Except as specified in the foregoing portions of
this section, for all other claims against the Vendor under any
individual purchase order, and regardless of the basis on which the
claim is made, the Vendor's liability under a purchase order for direct
damages shall be the greater of $25,000 or the dollar amount of the
purchase order. Unless otherwise specifically enumerated in the
purchase order, no party shall be liable to another for special, indirect,
or consequential damages, including lost data or records (unless the
purchase order requires the Vendor to back-up data or records), even if
the party has been advised that such damages are possible. No party
shall be liable for lost profits, lost revenue, or lost institutional
operating savings.
11. ASSIGNMENT: Neither orders issued pursuant to this Agreement
nor payments due hereunder are assignable except with the prior
written approval of the relevant Eligible User. Despite this general
prohibition, in the event that Vendor successfully assigns its right to
payment, Vendor shall return to the Eligible User any monies received
by it from the Eligible User after the effective date of such assignment.
12. COMPLIANCE WITH LAWS: The Vendor shall comply with
all laws, rules, codes, ordinances, and licensing requirements that are
applicable to the conduct of its business, including those of federal,
State, and local agencies having jurisdiction and authority. By way of
non-exhaustive example, Chapter 287 of the Florida Statutes and
Chapter 60A-1 of the Florida Administrative Code govern this
agreement. By way of further non-exhaustive example, the Vendor
shall comply with section 247A(e) of the Immigration and
Nationalization Act, the Americans with Disabilities Act, and all
prohibitions against discrimination on the basis of race, religion, sex,
creed, national origin, handicap, marital status, or veteran’s status.
Violation of such laws shall be grounds for termination.
13. WARRANTY OF ABILITY TO PERFORM: The Vendor
warrants that neither it nor any affiliate is currently on the convicted
vendor list maintained pursuant to section 287.133 of the Florida
Statutes, or on any similar list maintained by any other state or the
federal government. The Vendor shall immediately notify the
11
Department in writing if its ability to perform is compromised in any
manner during the term of the Agreement.
14. ADVERTISING: The Vendor shall not publicly disseminate any
information concerning the Agreement without prior written approval
from the Department, including but not limited to, mentioning the
Agreement in a press release or other promotional material, identifying
the Department or the State as a reference, or otherwise linking the
Vendor’s name and either a description of the Agreement or the name
of the State, the Department, or any Eligible User in any material
published, either in print or electronically, to any entity that is not a
party to Agreement, except potential or actual authorized distributors,
dealers, resellers, or service representative.
15. DISPUTE RESOLUTION: Any dispute concerning performance
of the Agreement shall be decided by the State Purchasing Director or
his/her designee, who shall reduce the decision to writing and serve a
copy on the Vendor and, if appropriate, the Eligible User. The decision
of Director (or designee) shall be final and conclusive unless within ten
(10) days from the date of receipt, the Vendor files with the Department
a petition for administrative hearing. The Department’s decision on the
petition shall be final, subject to the Vendor’s right to review pursuant
to Chapter 120 of the Florida Statutes. Without limiting the foregoing,
the exclusive venue of any legal or equitable action that arises out of or
relates to the Agreement shall be the appropriate state court in Leon
County, Florida; in any such action, Florida law shall apply, and the
Vendor waives any right to jury trial that it may have.
16. MISCELLANEOUS PROVISIONS:
(a) Lobbying and Integrity: Vendor shall comply with the provisions
of s. 11.062 and s. 216.347, F.S., prohibiting use of contract funds to
lobby the Legislature, Judiciary, or state agencies.
Upon request of the Department’s Inspector General, or other
authorized State official, the Vendor shall provide any type of
information the Inspector General deems relevant to the Vendor’s
integrity or responsibility. Such information may include, but shall not
be limited to, the Vendor’s business or financial records, documents, or
files of any type or form that refer to or relate to the Agreement. The
Vendor shall retain such records for the longer of (1) three years after
the expiration of the Agreement or (2) the period required by the
General Records Schedules maintained by the Florida Department of
State (available at:
http://dlis.dos.state.fl.us/barm/genschedules/gensched.htm). The
Vendor agrees to reimburse the State for the reasonable costs of
investigation incurred by the Inspector General or other authorized
State official for investigations of the Vendor’s compliance with the
terms of this or any other agreement between the Vendor and the State
which results in the suspension or debarment of the Vendor. Such costs
shall include, but shall not be limited to: salaries of investigators,
including overtime; travel and lodging expenses; and expert witness
and documentary fees. The Vendor shall not be responsible for any
costs of investigations that do not result in the Vendor’s suspension or
debarment.
(b) Independent Contractor Status of Vendor: The Vendor, together
with its agents, distributors, resellers, subcontractors, officers and
employees, shall have and always retain under the Agreement the legal
status of an independent contractor and in no manner shall they be
deemed employees of the State or Eligible User or deemed to be
entitled to any benefits associated with such employment. During the
term of the Agreement, Vendor shall maintain at its sole expense those
benefits to which its employees would otherwise be entitled to by law,
including health benefits, and all necessary insurance for its employees,
including workers’ compensation, disability, and unemployment
insurance, and provide Eligible Users with certification of such
insurance upon request. The Vendor remains responsible for all
applicable federal, state, and local taxes, and all FICA contributions.
(c) Assignment: The Vendor shall not sell, assign or transfer any of its
rights, duties or obligations under the Agreement, or under any
purchase order issued pursuant to the Agreement, without the prior
written consent of the Department; provided, the Vendor assigns to the
State any and all claims it has with respect to the Agreement under the
antitrust laws of the United States and the State. The Department may
assign the Agreement with prior written notice to Vendor of its intent to
do so.
(d) Modification of Terms: The Agreement contains all the terms and
conditions agreed upon by the parties, which terms and conditions shall
govern all transactions by Eligible Users under the Agreement. No oral
agreements or representations shall be valid or binding upon the
Department, an Eligible User, or the Vendor. No alteration or
modification of the Agreement terms, including substitution of product,
shall be valid or binding against the Eligible User unless authorized by
the Department. The Vendor may not unilaterally modify the terms of
the Agreement by affixing additional terms to product upon delivery
(e.g., attachment or inclusion of standard preprinted forms, product
literature, “shrink wrap” terms accompanying or affixed to a product,
whether written or electronic) or by incorporating such terms onto the
Vendor’s order or fiscal forms or other documents forwarded by the
Vendor for payment. An Eligible User’s acceptance of product or
processing of documentation on forms furnished by the Vendor for
approval or payment shall not constitute acceptance of the proposed
modification to terms and conditions.
(e) Waiver: The delay or failure by the Department or an Eligible User
to exercise or enforce any of its rights under this Agreement shall not
constitute or be deemed a waiver of the Department’s or Eligible User's
right thereafter to enforce those rights, nor shall any single or partial
exercise of any such right preclude any other or further exercise thereof
or the exercise of any other right.
(f) Severability: If a court deems any provision of the Agreement void
or unenforceable, that provision shall be enforced only to the extent
that it is not in violation of law or is not otherwise unenforceable, and
all other provisions shall remain in full force and effect.
12
AERC.com, Inc.
13
VENDOR NAME: _ AERC.com, Inc.__
PRICE SHEET (EXHIBIT B)
FOR
RECLAIMING MERCURY FROM SPENT LAMPS, ALONG WITH PROPER DISPOSAL OF
END OF LIFE BALLASTS AND BATTERIES
Effective date of prices quoted in this response: ____01-01-2010_____
Minimum Invoice Fee: _____$250.00____
*Prices in RED indicate a credit.
Mercury Containing Lamps (MCLs)
Ref #
AERC
Unit of
Measure
Published
Price List
Percentage
Discount
SPA Price
1
"Compact" Fluorescent Lamps (plug or
screw base)
Each
$0.50
50%
$0.25
2
"U-Tube" Fluorescent Lamps
Each
$0.50
60%
$0.20
3
"Circular Tube" Fluorescent Lamps
Each
$0.50
60%
$0.20
Each
$0.40
60%
$0.16
Each
$0.80
60%
$0.32
Unit of
Measure
Published
Price List
Percentage
Discount
SPA Price
Each
$1.25
87%
$0.16
Each
$0.25
80%
$0.05
Each
$0.55
90%
$0.05
Each
$4.25
29%
$3.00
4
5
Straight Fluorescent Lamps less than or
equal to 48" long
Straight Fluorescent Lamps greater than
48" long
Ref #
6
7
8
9
All Shatter Shields (Lamps Included)
Broken Fluorescent Lamps Less Than
48" (not drum type crusher lamps)
Broken Fluorescent Lamps greater than
49" (not drum type crusher lamps)
Any Other Mercury Containing Lamp
(not identified by any of the above
descriptions)
All Other Mercury Containing Lamps
Ref #
10
Metal Halide, Mercury Vapor, and High
Pressure Sodium
AERC
Unit of
Measure
Published
Price List
Percentage
Discount
SPA Price
Each
$1.25
60%
$0.50
Other Mercury Containing Devices (MCDs)
Ref #
11
Thermometers, Thermostats, Switches,
relays and manometers.
AERC
Unit of
Measure
Published
Price List
Percentage
Discount
SPA Price
Lbs
$2.50
40%
$1.50
14
Mercury (bulk)
Ref #
12
by the gallon (Credit) Minimum 10
gallons
AERC
Unit of
Measure
Published
Price List
Percentage
Discount
SPA Price
Gal
$1.25
132%
$0.40
Fluorescent Lighting Ballasts
Ref #
AERC
Unit of
Measure
Published
Price List
Percentage
Discount
SPA Price
13
Non-PCB Ballasts
Lbs
$0.35
57%
$0.15
14
PCB (Ballasts containing
polychlorinated biphenyls)
Lbs
$0.55
18%
$0.45
Drum Top Crushed - Fluorescent Lamps
Ref #
AERC
Unit of
Measure
Published
Price List
Percentage
Discount
SPA Price
15
1 Drum
Each
$305.00
42%
$175.00
16
2-5 Drums
Each
$305.00
47%
$160.00
17
6-10 Drums
Each
$305.00
50%
$150.00
18
Exchange Replacement Empty Drums
(55 gal)
Each
$55.00
100%
$0.00
19
Cost for Empty Drums (55 gal)
Each
$55.00
100%
$0.00
20
Charge If Drum Is Not Reusable
(determination must be made at time of
pick-up - if drum being picked up is not
reusable)
Each
$55.00
100%
$0.00
Lead Acid Batteries
Ref #
AERC
Unit of
Measure
Published
Price List
Percentage
Discount
SPA Price
21
Automotive Lead Acid Batteries (Credit)
Each
$6.00
120%
$1.25
22
8d Heavy Equipment Lead Acid
Batteries (Credit)
Each
$15.00
116%
$2.50
23
Small - Lead Acid
Lbs
$0.35
71%
$0.10
Batteries, Other Types
Ref #
AERC
Unit of
Measure
Published
Price List
Percentage
Discount
SPA Price
24
Mixed
Lbs
$4.00
62%
$1.50
25
Alkaline
Lbs
$0.65
38%
$0.40
26
NiCad
Lbs
$0.65
46%
$0.35
27
Lithium
Lbs
$4.00
31%
$2.75
28
Mercury
Lbs
$4.00
19%
$3.25
29
Zinc Carbon
Lbs
$0.65
38%
$0.40
15
Additional Pickup Time
30
Per Hour
Per
Hour
Rate
Cost for Additional Pickup Time - Time
shall be kept in 15 minute intervals. The
first 30 minutes is "No Charge", and any
additional time will be calculated using
the multiplier (Per Hour Rate).
$60.00
Additional Time
0-15 min:
PHR x .25
16-30 min:
PHR x .50
31-45 min:
PHR x .75
46-60 min:
Full PHR
Quantity Discounts if over _30,000 Each/_15,000 Pounds – Discount __5_%
Web site address for Vendor catalog of products revealing the List Price (see the Technical Documentation
& Price List section): _______________________________________________
Note: eQuotes due on 12/10/2009 by close of business,
5:00 p.m. EST.
16
SERVICE COVERAGE (EXHIBIT C)
RECLAIMING MERCURY FROM SPENT LAMPS, ALONG WITH PROPER DISPOSAL OF
END OF LIFE BALLASTS AND BATTERIES
How long has your company been providing these products/services: 2
Months __17
Years
Service Coverage to be provided:
Statewide, Region
XX
Statewide
Western
Northern
Central
Southern
or
District
According to the District/Region/Section Map, Vendor will provide service coverage Statewide or
these Districts/Sections:
Section 1
Section 6
Section 11
Section 16
Section 2
Section 7
Section 12
Section 17
Section 3
Section 8
Section 13
Section 4
Section 9
Section 14
Section 5
Section 10
Section 15
NOTE TO VENDOR: For Florida Section map please use this link to respond to the above:
http://dms.myflorida.com/business_operations/state_purchasing/vendor_information/state_contracts_
agreements_and_price_lists/state_purchasing_agreements/air_taxi_services/complete_agreement_flor
ida_regional_county_map (Please press Control Key, and then Click on web site link.)
17
SAVINGS/PRICE REDUCTION (EXHIBIT D)
SPA # 9913245
Respondent is required to furnish the percent (%) savings in prices offered in this eQuote compared to
retail, list, published or other usual and customary prices that would be paid by the purchaser without
benefit of an Agreement resulting from this eQuote.
DATE
December 8, 2009
COMPETITIVE PRICES OFFERED AVERAGE
64
% SAVINGS.
HOW CAN WE VERIFY THE CLAIMED SAVINGS (example: retail or other usual and customary prices published at
(url), or other source of benchmark prices)?
AERC does not publish retail price lists due to competitive nature of our industry. We do however operate under a specific
price matrix throughout the US. The prices quoted include Recycling, Transportation, and containers if needed and
associated documents. Our over-all price quote under this Agreement is in excess of 60% on average with more common
items discounted even more. Our complete price list is available upon request.
AUTHORIZED SIGNATURE:
Tracy DePaola
(optional)
RESPONDENT NAME:
Tracy DePaola
(typed or printed)
COMPANY NAME:
AERC.com, Inc.
(typed or printed)
TELEPHONE NUMBER:
321-952-1516
EMAIL ADDRESS:
tdepaola@aercrecycling.com
Do Not Write in Area Below:
IF SPA IS ISSUED, STATE PURCHASING ANALYST/SPECIALIST/AGENT TOOK THE FOLLOWING STEPS TO
VERIFY SAVINGS:
Verified the pricing offered on the eQuote with the pricing given on their proprietary rate card.
WHAT WERE THE RESULTS?
Average Discount Savings of 64%
PURCHASING ANALYST/SPECIALIST/AGENT:
Trey Collins
18
Ordering Instructions (EXHIBIT E)
VENDOR/COMPANY NAME:
SPURS VENDOR NUMBER(FEIN/FEID):
AERC.com, Inc. (d/b/a AERC Recycling Solutions)
23-3064816
eQuote/Agreement Administration
Please identify the person who shall be responsible for administering the Agreement on your behalf if
the Agreement is issued, and include an emergency contact phone number:
Name:
Title:
Street Address, City, State, Zip:
Email Address:
Phone Number(s):
Fax Number:
Tracy DePaola
District Branch Manager
4317-J Fortune Place, West Melbourne, FL 32904
tdepaola@aercrecycling.com
321-952-1516
321-952-1060
If the person responsible for answering questions about the eQuote is different from the person
identified above, please provide the same information for that person.
Name:
Title:
Street Address, City, State, Zip:
Email Address:
Phone Number(s):
Fax Number:
Direct Orders
Please provide the following information about where the Customers should direct orders. You must
provide a regular mailing address. If equipped to receive purchase orders electronically, you may also
provide an Internet address.
Yes No
Street Address or P.O. Box: 4317-J Fortune Place
City, State, Zip: West Melbourne, FL 32904
Phone Number: 321-952-1516
Toll Free Number:
Ordering Fax Number: 321-952-1060
Internet Address: www.aercrecycling.com
Federal ID Number: 23-3064816
Remit Address: 3 Goldmine Road, Suite 106
City, State, Zip: Flanders, NJ 07836
Email Address: Tdepaola@aercrecycling.com
WILL ACCEPT THE STATE OF FLORIDA PURCHASING CARD (VISA)
Circle one
Attach additional addresses for all locations in Florida authorized to perform services under this
Agreement. All locations must be registered in MyFloridaMarketPlace.
19
VENDOR COMPANY NAME:
AERC.com, Inc. (d/b/a AERC Recycling Solutions)
AUTHORIZED DEALERS/DISTRIBUTORS AND/OR SERVICE REPRESENTATIVES LOCATIONS:
(EXHIBIT F)
RECLAIMING MERCURY FROM SPENT LAMPS, ALONG WITH PROPER DISPOSAL OF END
OF LIFE BALLASTS AND BATTERIES
LIST BELOW CONTACT INFORMATION FOR ONE OR MORE FLORIDA REPRESENTATIVES,
INCLUDING MAILING AND EMAIL ADDRESSES, AND TELEPHONE NUMBERS.
COMPANY NAME & FEID/FEIN
N/A
US POSTAL & EMAIL ADDRESSES, & TELEPHONE #
20
EMERGENCY SITUATIONS (EXHIBIT G)
SPA # 9913245
Emergency situations, resulting from events such as natural disasters, may require immediate supply of
commodities and services to various government entities.
If your firm is capable and willing to supply item(s) offered in this solicitation during an emergency,
please complete the following:
Reclaiming Mercury from Spent
Lamps, Along with Proper
Disposal of End of Life Ballasts
AGREEMENT TITLE and Batteries
CONTACT PERSON (24 HOURS)
Tracy DePaola
EMERGENCY TELEPHONE NUMBER
321-517-6108
PAGER TELEPHONE NUMBER
CELLULAR TELEPHONE NUMBER 321-517-6108
ANSWERING SERVICE / AFTER HOURS TELEPHONE NUMBER
321-517-6108
The above information will be used by this office should the State of Florida determine an emergency
situation exists.
VENDOR COMPANY NAME: AERC.com, Inc.
21
Veolia ES Technical
Solutions, L.L.C.
22
VENDOR NAME:
Veolia ES Technical Solutions, L.L.C._
PRICE SHEET (EXHIBIT B)
FOR
RECLAIMING MERCURY FROM SPENT LAMPS, ALONG WITH PROPER DISPOSAL OF
END OF LIFE BALLASTS AND BATTERIES
Effective date of prices quoted in this response: _12-10-09
Minimum Invoice Fee: __300.00_
*Prices in RED indicate a credit.
Mercury Containing Lamps (MCLs)
Ref #
Veolia
Unit of
Measure
Published
Price List
Percentage
Discount
SPA Price
1
"Compact" Fluorescent Lamps (plug or
screw base)
Each
$0.33
40%
$0.20
2
"U-Tube" Fluorescent Lamps
Each
$0.30
30%
$0.21
3
"Circular Tube" Fluorescent Lamps
Each
$0.30
30%
$0.21
Each
$0.24
20%
$0.19
Each
$0.48
20%
$0.38
Unit of
Measure
Published
Price List
Percentage
Discount
SPA Price
Each
$1.20
35%
$0.78
Each
$0.53
40%
$0.32
Each
$0.53
40%
$0.32
Each
$0.90
55%
$0.41
4
5
Straight Fluorescent Lamps less than or
equal to 48" long
Straight Fluorescent Lamps greater than
48" long
Ref #
6
7
8
9
All Shatter Shields (Lamps Included)
Broken Fluorescent Lamps Less Than
48" (not drum type crusher lamps)
Broken Fluorescent Lamps greater than
49" (not drum type crusher lamps)
Any Other Mercury Containing Lamp (not
identified by any of the above
descriptions)
All Other Mercury Containing Lamps
Ref #
10
Metal Halide, Mercury Vapor, Arc Tube
and High Pressure Sodium
Veolia
Unit of
Measure
Published
Price List
Percentage
Discount
SPA Price
Each
$0.90
55%
$0.41
Other Mercury Containing Devices (MCDs)
Ref #
11
Thermometers, Thermostats, Switches,
relays and manometers.
Veolia
Unit of
Measure
Published
Price List
Percentage
Discount
SPA Price
Lbs
$3.10
50%
$1.55
23
Mercury (bulk)
Ref #
12
Veolia
Unit of
Measure
Published
Price List
Percentage
Discount
SPA Price
Gal
$300.00
110%
$30.00
by the gallon (Credit) Minimum 10
gallons
Fluorescent Lighting Ballasts
Ref #
Veolia
Unit of
Measure
Published
Price List
Percentage
Discount
SPA Price
13
Non-PCB Ballasts
Lbs
$0.27
15%
$0.23
14
PCB (Ballasts containing polychlorinated
biphenyls)
Lbs
$1.20
22%
$0.94
Drum Top Crushed - Fluorescent Lamps
Ref #
Veolia
Unit of
Measure
Published
Price List
Percentage
Discount
SPA Price
15
1 Drum
Each
$275.00
30%
$192.50
16
2-5 Drums
Each
$275.00
30%
$192.50
17
6-10 Drums
Each
$220.00
25%
$165.00
18
Exchange Replacement Empty Drums
(55 gal)
Each
$34.95
100%
$0.00
19
Cost for Empty Drums (55 gal)
Each
$34.95
100%
$0.00
20
Charge If Drum Is Not Reusable
(determination must be made at time of
pick-up - if drum being picked up is not
reusable)
Each
$34.95
100%
$0.00
Lead Acid Batteries
Ref #
Veolia
Unit of
Measure
Published
Price List
Percentage
Discount
SPA Price
21
Automotive Lead Acid Batteries (Credit)
Each
$8.40
120%
$1.68
22
8d Heavy Equipment Lead Acid Batteries
(Credit)
Each
$12.60
120%
$2.52
23
Small - Lead Acid
Lbs
$0.28
53%
$0.13
Batteries, Other Types
Ref #
Veolia
Unit of
Measure
Published
Price List
Percentage
Discount
SPA Price
24
Mixed
Lbs
$4.65
20%
$3.72
25
Alkaline
Lbs
$0.47
36%
$0.30
26
NiCad
Lbs
$0.60
23%
$0.46
27
Lithium
Lbs
$4.75
28%
$3.42
28
Mercury
Lbs
$3.00
25%
$2.25
29
Zinc Carbon
Lbs
$0.55
21%
$0.43
24
Additional Pickup Time
Ref #
30
Per Hour
Cost for Additional Pickup Time - Time
shall be kept in 15 minute intervals. The
first 30 minutes is "No Charge", and any
additional time will be calculated using
the multiplier (Per Hour Rate).
Per
Hour
Rate
$40.00
Additional Time
0-15 min:
PHR x .25
16-30 min:
PHR x .50
31-45 min:
PHR x .75
46-60 min:
Full PHR
Quantity Discounts if over _____ Each/_____ Pounds – Discount ______%
Web site address for Vendor catalog of products revealing the List Price (see the Technical Documentation
& Price List section): _______________________________________________
Note: eQuotes due on 12/10/2009 by close of business,
5:00 p.m. EST.
25
SERVICE COVERAGE (EXHIBIT C)
RECLAIMING MERCURY FROM SPENT LAMPS, ALONG WITH PROPER DISPOSAL OF
END OF LIFE BALLASTS AND BATTERIES
How long has your company been providing these products/services:
Months __15__ Years
Service Coverage to be provided:
Statewide, Region
X
Statewide
Western
Northern
Central
Southern
or
District
According to the District/Region/Section Map, Vendor will provide service coverage Statewide or
these Districts/Sections:
Section 1
Section 6
Section 11
Section 16
Section 2
Section 7
Section 12
Section 17
Section 3
Section 8
Section 13
Section 4
Section 9
Section 14
Section 5
Section 10
Section 15
NOTE TO VENDOR: For Florida Section map please use this link to respond to the above:
http://dms.myflorida.com/business_operations/state_purchasing/vendor_information/state_contracts_
agreements_and_price_lists/state_purchasing_agreements/air_taxi_services/complete_agreement_flor
ida_regional_county_map (Please press Control Key, and then Click on web site link.)
26
SAVINGS/PRICE REDUCTION (EXHIBIT D)
SPA # 9913245
Respondent is required to furnish the percent (%) savings in prices offered in this eQuote compared to
retail, list, published or other usual and customary prices that would be paid by the purchaser without
benefit of an Agreement resulting from this eQuote.
DATE
December 9, 2009
COMPETITIVE PRICES OFFERED AVERAGE
48%
% SAVINGS.
HOW CAN WE VERIFY THE CLAIMED SAVINGS (example: retail or other usual and customary prices published at
(url), or other source of benchmark prices)?
Veolia does not have list pricing published or on the web for bulk services.
The only published pricing would be for the RecyclePak which is not a bulk service item.
All list prices are based on the standard rates used in the current region (Southeastern US) by NON CONTRACTUAL
Customers. The standard rate sheet (120583) can be provided if requested.
AUTHORIZED SIGNATURE:
(optional)
RESPONDENT NAME:
Linda Dunwoody
(typed or printed)
COMPANY NAME:
Veolia ES Technical Solutions, L.L.C.
(typed or printed)
TELEPHONE NUMBER:
850-877-8299
EMAIL ADDRESS:
Linda.dunwoody@veoliaES.com
Do Not Write in Area Below:
IF SPA IS ISSUED, STATE PURCHASING ANALYST/SPECIALIST/AGENT TOOK THE FOLLOWING STEPS TO
VERIFY SAVINGS:
Verified the pricing offered on the eQuote with the pricing given on their proprietary rate card.
WHAT WERE THE RESULTS?
Average Discount Savings of 48%
PURCHASING ANALYST/SPECIALIST/AGENT:
Trey Collins
27
Ordering Instructions (EXHIBIT E)
VENDOR/COMPANY NAME:
SPURS VENDOR NUMBER(FEIN/FEID):
Veolia ES Technical Solutions, L.L.C.
36-4394814
eQuote/Agreement Administration
Please identify the person who shall be responsible for administering the Agreement on your behalf if
the Agreement is issued, and include an emergency contact phone number:
Name:
Title:
Street Address, City, State, Zip:
Email Address:
Phone Number(s):
Fax Number:
Linda Dunwoody
Operations Manager
342 Marpan Lane Tallahassee, FL 32305
Linda.dunwoody@veoliaES.com
866-877-8299
850-878-3349
If the person responsible for answering questions about the eQuote is different from the person
identified above, please provide the same information for that person.
Name: Jeff Dean
Title: Regional Account Manager
Street Address, City, State, Zip: 342 Marpan Lane Tallahassee, FL 32305
Email Address: Jeff.dean@veoliaes.com
Phone Number(s): 813-205-0597 or 866-877-8299
Fax Number: 850-878-3349
Direct Orders
Please provide the following information about where the Customers should direct orders. You must
provide a regular mailing address. If equipped to receive purchase orders electronically, you may also
provide an Internet address.
Yes No
Street Address or P.O. Box: 342 Marpan Lane
City, State, Zip: Tallahassee, FL 32305
Phone Number: 850-877-8299
Toll Free Number: 866-877-8299
Ordering Fax Number: 850-878-3349
Internet Address: www.veoliaes.com
Federal ID Number: 36-4394814
Remit Address: 28900 Network Ave.
City, State, Zip: Chicago, IL 60673-1289
Email Address: Linda.dunwoody@veoliaes.com or randy.williams@veoliaes.com
WILL ACCEPT THE STATE OF FLORIDA PURCHASING CARD (VISA)
Circle one
Attach additional addresses for all locations in Florida authorized to perform services under this
Agreement. All locations must be registered in MyFloridaMarketPlace.
28
VENDOR COMPANY NAME:
Veolia ES Technical Solutions, L.L.C.
AUTHORIZED DEALERS/DISTRIBUTORS AND/OR SERVICE REPRESENTATIVES LOCATIONS:
(EXHIBIT F)
RECLAIMING MERCURY FROM SPENT LAMPS, ALONG WITH PROPER DISPOSAL OF END
OF LIFE BALLASTS AND BATTERIES
LIST BELOW CONTACT INFORMATION FOR ONE OR MORE FLORIDA REPRESENTATIVES,
INCLUDING MAILING AND EMAIL ADDRESSES, AND TELEPHONE NUMBERS.
COMPANY NAME & FEID/FEIN
US POSTAL & EMAIL ADDRESSES, & TELEPHONE #
29
EMERGENCY SITUATIONS (EXHIBIT G)
SPA # 9913245
Emergency situations, resulting from events such as natural disasters, may require immediate supply of
commodities and services to various government entities.
If your firm is capable and willing to supply item(s) offered in this solicitation during an emergency,
please complete the following:
Reclaiming Mercury from Spent
Lamps, Along with Proper
Disposal of End of Life Ballasts
AGREEMENT TITLE and Batteries
CONTACT PERSON (24 HOURS)
Linda Dunwoody
EMERGENCY TELEPHONE NUMBER 850-251-4924
PAGER TELEPHONE NUMBER NONE
CELLULAR TELEPHONE NUMBER 850-251-4924
ANSWERING SERVICE / AFTER HOURS TELEPHONE NUMBER Alternate Cellular 850-251-4930
The above information will be used by this office should the State of Florida determine an emergency
situation exists.
VENDOR COMPANY NAME: Veolia ES Technical Solutions, L.L.C.
30
Quarterly Report (EXHIBIT H)
for
SPA # 9913245
Quarterly Report for Date: _________________ through Date: ___________________
Vendor’s Name: _________________________________________________________________
Submitted by:_______________________________________________________________
Eligible User (Complete Customer contact
information)
Purchase
Order #
Totals
Date Submitted ____________________________
31
P-Card
Order
Yes No
Purchase Order
Reporting Sales
Amount
P-Card (Credit
Card) Reporting
Sales Amount
Work Order
(EXHIBIT I)
RECLAIMING MERCURY FROM SPENT LAMPS, ALONG WITH PROPER DISPOSAL
OF END OF LIFE BALLASTS AND BATTERIES FROM RECYCLING SERVICES
Work Order Number: __________________________
Date: ______________________
(To be issued by SPA Vendor)
Original Pickup Order:
Call-back Order:
Agency/Eligible User:
Address:
City:
State: FL
Phone:
Facsimile:
Zip Code:
Contact Name:
In case of dispute, Negotiator for this Agency/Eligible User’s buy/sell is:
Negotiator’s Phone:
Facsimile:
Negotiated Date and Time of Pickup/Delivery:
The Vendor shall verify item count or weights and description listed on each work order. (A ton shall
be understood to be 2,000 pounds.)
The Vendor shall provide appropriate packaging, loading, and transportation for items located in a single
location as specified by the work order.
1. Vendor Name:
2. Vendor Address:
3. Vendor Phone Number:
Vendor Facsimile:
4. Vendor Work Order Number:
5. State Purchasing Agreement Number: 9913245
6. Requesting Agency/Eligible User:
7. Agency Contact/Eligible User Contact:
8. Purchase Order Number or Purchasing Card Control Number:
9. (Not the credit card number, if payment is to be made by a Credit Card (P-Card) please have the
Vendor’s accounting office call the contact person noted at top of page for credit card number
and expiration date of the card.)
10. Specific Location Where Equipment is consolidated for Pick-Up:
11. Entity Name:
12. Address:
13. City:
State: FL
32
Zip Code:
14. Bldg. or Rm Number:
15. See Contract:
16. Pick-Up Date and Time:
(written and agreed to by both parties),
Picking up/Delivering the following:
Reclaiming Mercury and Other Materials From Spent Fluorescent, High Intensity Discharge
and Other Devices;
Recycling/Disposing of Ballasts;
Recycling Wet Cell Batteries;
The Buyer/Sellers agree that weights shall be:



Seller’s certified scales;
(Copies to these document; Agency/Eligible Users file; and Vendor’s
File)
Vendor’s certified scales;
(Copies to these document; Agency/Eligible Users file; and Vendor’s
File)
or, Third party certified scales:
Certified weights shall be faxed to:

Agency/Eligible User Facsimile Number:
Facsimile.)

Vendors Facsimile Number:
(Include Ticket Order Number and Date on
(Include Ticket Order Number and Date on Facsimile.)
In any and all instances weights shall be provided to both the Agency/Eligible User and Vendor.
The specific Vendor (#1 above) is responsible for all costs.
Departure Date/Time: ________________________________
Agency/Eligible User Signature
Vendor’s Representative Signature
Original Pickup Order:
Call-back Order:
33