TERM OF CONTRACT

THE ANTICIPATED EFFECTIVE DATE AND EXPIRATION DATE OF THE CONTRACT ARE
SHOWN ON THE FRONT OF THIS SOLICITATION. IF AWARD HAS NOT BEEN MADE BY
THE ANTICIPATED EFFECTIVE DATE, THEN THE CONTRACT SHALL BECOME
EFFECTIVE UPON THE DATE THE BID IS ACCEPTED AND CONTRACT AWARDED BY
THE STATE, AS INDICATED BY THE PURCHASING AGENT'S SIGNATURE ON THE
CONTRACT NOTICE OF AWARD (NOTE: THE CHANGE OF EFFECTIVE DATE MAY NOT
RESULT IN A CHANGE OF THE ANTICIPATED EXPIRATION DATE.)

RENEWAL OPTIONS: THIS CONTRACT MAY BE RENEWED UPON SATISFACTORY
COMPLETION OF THE INITIAL CONTRACT TERM. THE STATE RESERVES THE RIGHT
TO EXECUTE UP TO 4 OPTIONS TO RENEW THIS CONTRACT ANNUALLY UNDER THE
SAME TERMS AND CONDITIONS FOR A PERIOD NOT TO EXCEED 12 MONTHS EACH BY
THE STATE. IT IS MUTUALLY UNDERSTOOD AND AGREED THAT THE STATE'S
COMMITMENT IS LIMITED TO A BASE TERM CONTRACT, NOT TO EXCEED TWELVE
(12) MONTHS, WHICH IS SUBJECT TO RENEWAL ANNUALLY AT THE STATE'S SOLE
OPTION.

IT IS UNDERSTOOD AND AGREED THAT THE STATE RESERVES THE RIGHT TO
EXTEND THE TERM CONTRACT PERIOD RESULTING FROM THIS SOLICITATION AN
ADDITIONAL PERIOD OF TIME, NOT TO EXCEED 180 DAYS BEYOND THE NORMAL
EXPIRATION DATE OF SUCH CONTRACT, UPON MUTUAL WRITTEN AGREEMENT BY
BOTH PARTIES, UNDER THE SAME TERMS AND CONDITIONS. PROVIDED, HOWEVER,
IN NO EVENT SHALL THE MAXIMUM TERM OF A CONTRACT EXCEED A TOTAL OF
SIXTY (60) MONTHS.
VOLUME, MULTI-YEAR

THE TOTAL PURCHASES OF ANY INDIVIDUAL ITEM ON THE CONTRACT ARE NOT
KNOWN. THE PURCHASING DIVISION HAS ATTEMPTED TO GIVE AN ACCURATE
ESTIMATE OF PROBABLE PURCHASES OF EACH ITEM FROM THE CURRENT CONTRACT
PERIOD AND PROJECTED ESTIMATES FOR THE NEW CONTRACT PERIOD. THE
PURCHASING DIVISION DOES NOT GUARANTEE THAT THE STATE WILL BUY ANY OR
ALL ESTIMATED AMOUNTS OF ANY SPECIFIED ITEM OR ANY TOTAL AMOUNT.

1ST 12 MONTHS $ 4,500.00
2ND 12 MONTHS $ 4,500.00
3RD 12 MONTHS $ 4,500.00
4TH 12 MONTHS $ 4,500.00
5TH 12 MONTHS $ 4,500.00

CURRENT CONTRACT PERIOD FY 10-01-04 TO 05-31-05 $4,041.86

CONTRACTOR WILL ONLY BE PAID FOR SERVICES RENDERED HEREUNDER PURSUANT
TO PURCHASE ORDER RELEASES ISSUED TO CONTRACTOR FROM THE STATE.
CONTRACTOR IS NOT ENTITLED TO BE PAID THE MAXIMUM LIABILITY FOR ANY
ONE YEAR UNDER THE CONTRACT OR ANY EXTENSIONS OF THE CONTRACT FOR WORK
NOT REQUESTED BY THE STATE. MAXIMUM LIABILITY REPRESENTS AVAILABLE
FUNDS FOR PAYMENT TO CONTRACTOR AND DOES NOT GUARANTEE PAYMENT OF ANY
SUCH FUNDS TO THE CONTRACTOR PER YEAR UNDER THIS CONTRACT UNLESS THE
STATE REQUESTS WORK AND CONTRACTOR PERFORMS SAID WORK. THE STATE IS
UNDER NO OBLIGATION TO REQUEST WORK FROM CONTRACTOR IN ANY SPECIFIC
DOLLAR AMOUNTS PER YEAR UNDER THIS CONTRACT AND THE STATE MAY NOT
REQUEST ANY WORK AT ALL FROM CONTRACTOR DURING ONE YEAR PERIOD.
FIRM BID PRICE PERIOD (PRICE INCREASE ALLOWED AFTER TIMEFRAME)

PRICES QUOTED SHALL BE FIRM FOR 365 DAYS FOLLOWING THE DATE
OF THE AWARD, EXCEPT THE STATE SHALL BE ADVISED OF, AND RECEIVE THE
BENEFIT OF, ANY PRICE DECREASE IN EXCESS OF FIVE (5) PERCENT
AUTOMATICALLY. THE VENDOR/CONTRACTOR MUST PROVIDE WRITTEN PRICE
REDUCTION INFORMATION WITHIN TEN (10) DAYS OF ITS EFFECTIVE DATE.

FIRM BID PRICE PERIOD (PRICE INCREASE ALLOWED AFTER TIME FRAME)

PRICES QUOTED SHALL BE FIRM FOR _____ DAYS FOLLOWING THE DATE OF THE
AWARD, EXCEPT THE STATE SHALL BE ADVISED OF, AND RECEIVE THE BENEFIT
OF, ANY PRICE DECREASE IN EXCESS OF FIVE (5) PERCENT AUTOMATICALLY.
THE VENDOR/CONTRACTOR MUST PROVIDE WRITTEN PRICE REDUCTION INFORMATION
WITHIN TEN (10) DAYS OF ITS EFFECTIVE DATE.

REQUESTS FOR PRICE CHANGES BASED ON VENDOR/CONTRACTOR'S COST:

WRITTEN REQUESTS FOR PRICE CHANGES IN TERM CONTRACTS BASED ON VENDOR/
CONTRACTOR'S ACTUAL COST FOR OTHER THAN AN IMPOSED CHARGE BY FEDERAL,
STATE, COUNTY, OR CITY GOVERNMENT ENTITY AFTER THE FIRM PRICE PERIOD
SHALL BE SUBMITTED IN WRITING TO THE DEPARTMENT OF GENERAL SERVICES,
PURCHASING DIVISION. ANY INCREASE SHALL BE BASED ON THE CONTRACT
HOLDER'S ACTUAL COST INCREASE AND MAY NOT CONSTITUTE ADDITIONAL
PROFIT, AS SHOWN IN WRITTEN DOCUMENTATION SUCH AS INVOICES CLEARLY
DEMONSTRATING AN INCREASE IN COST COMPONENTS UPON WHICH ORIGINAL BID
OR LAST PRICE INCREASE WAS BASED, I.E. INVOICES FOR THE COST OF
MATERIALS, LABOR, DELIVERY, ETC., OR LABOR UNION AGREEMENTS FROM THE
START OF THE CONTRACT OR FIRM BID PRICE PERIOD AND CURRENT DATE AND/OR
A SIGNED LETTER FROM THE CONTRACT HOLDER'S SUPPLIER STATING THAT IT
HAS OR WILL BE IMPOSING A SPECIFIED DOLLAR AMOUNT OR A PERCENTAGE
INCREASE FOR ALL OF ITS CUSTOMERS. IF DOCUMENTATION IS FROM VENDOR/
CONTRACTOR'S SUPPLIER, VENDOR/CONTRACTOR MUST SHOW PROOF THAT IT HAS
TRIED TO OBTAIN THE GOODS FROM OTHER SUPPLIERS AND WAS UNABLE TO GET
IT AT ANY LOWER PRICE. ALL REQUESTS FOR PRICE INCREASES MUST BE
SUBMITTED IN WRITING.

IN ORDER FOR THE PURCHASING DIVISION TO APPROVE THE CONTRACT HOLDER'S
REQUEST FOR A PRICE INCREASE, ITS NEW BID PRICE(S) MUST STILL BE THE
LOW BID MEETING SPECIFICATIONS; THIS WILL BE DETERMINED BY USING THE
ORIGINAL EVALUATION MODEL WITH THE PRICES FROM THE NEW LIST PRICE.
IF THE CONTRACT HOLDER'S NEW BID PRICE IS HIGHER THAN THE NEXT LOW
BIDDER, PURCHASING DIVISION WILL EVALUATE THE NEXT LOW BID TO
DETERMINE IF IT MEETS SPECIFICATIONS AND IF SO, WILL ASK IF THE NEXT
LOW BIDDER IS WILLING TO HONOR ITS BID PRICES FOR POSSIBLE RE-AWARD.

IF THE NEXT LOW BIDDER AGREES TO HONOR ITS BID PRICE AND WILL HOLD IT
FOR THE FIRM BID PRICE PERIOD FOLLOWING AWARD, PURCHASING DIVISION
WILL APPRISE THE CONTRACT HOLDER OF THE SITUATION AND ASK IF IT WANTS
TO CONTINUE WITH ITS PRICE INCREASE REQUEST OR WITHDRAW ITS PRICE
INCREASE REQUEST. IF THE CONTRACT HOLDER STATES THAT IT WANTS TO
CONTINUE WITH ITS REQUEST FOR A PRICE INCREASE, PURCHASING DIVISION
WILL RECOMMEND CANCELLATION OF THE CONTRACT AND RE-AWARD TO THE NEXT
LOW BIDDER.

AT THE OPTION OF THE STATE, (1) REQUEST MAY BE GRANTED, (2) THE
CONTRACT MAY BE CANCELED AND AWARDED TO THE NEXT LOW BIDDER, (3)
THE CONTRACT MAY BE CANCELED AND THE COMMODITY/SERVICE BE READVERTISED
FOR AWARD, OR (4) CONTINUE THE CONTRACT WITHOUT CHANGE.
THE PURCHASING DIVISION WILL ACCEPT OR REJECT ALL SUCH WRITTEN
REQUESTS WITHIN FORTY-FIVE (45) WORKING DAYS OF THE DATE OF RECEIPT
OF COMPLETE AND VERIFIED DOCUMENTATION.

APPROVAL OF PRICE INCREASES

IF APPROVED, THE PURCHASING DIVISION WILL MODIFY THE CONTRACT TO
REFLECT THE APPROVED PRICE INCREASE, PRINT AND MAIL THE REVISED
CONTRACT. THE CONTRACT HOLDER SHALL HONOR ALL PURCHASE ORDERS
DATED PRIOR TO THE APPROVED PRICE INCREASE ACCEPTANCE DATE AT THE
ORIGINAL CONTRACT PRICE. APPROVAL OF ANY PRICE INCREASE RENEWS THE
FIRM PRICE PERIOD.

PRICE INCREASE REJECTION

WHEN THE STATE REJECTS A REQUEST FOR A PRICE INCREASE, THE CONTRACT
HOLDER WILL BE NOTIFIED IN WRITING OF THE STATE'S INTENTION PRIOR TO
THE FIRST OF THE FOLLOWING MONTH. IF THE CONTRACT IS TO BE CANCELED,
THE CONTRACT HOLDER WILL BE REQUIRED TO HONOR ALL PURCHASE ORDERS
THAT WERE PREPARED AND DATED PRIOR TO THE DATE OF THE TERMINATION,
IF RECEIVED BY THE CONTRACT HOLDER WITHIN A PERIOD OF THIRTY (30)
DAYS FOLLOWING THE DATE OF TERMINATION.
SPECIFICAIONS: FLUORESCENT BULB & BALLAST RECYCLING SERVICES

CONTRACTOR SHALL PROVIDE FLUORESCENT, HID, AND INCANDESCENT LAMP AND
BALLAST (PCB-CONTAINING & NON-PCB) RECYCLING SERVICES TO STATE AGENC-
IES. SPECIAL COLLECTION OF LEAKING BALLASTS MAY BE NEEDED ON OCCASION
REQUIRING TREATMENT AS HAZARDOUS WASTE, AND STORING IN STEEL DRUMS.
ALL LAMPS AND BALLAST COMPONENTS SHALL BE COMPLETELY RECYCLED,
AND MERCURY SHALL BE RETORTED (NO RESIDUAL COMPONENTS). ALL PCB MAT-
ERIALS MUST BE INCINERATED. NO MATERIALS MAY BE DISPOSED IN A LAND-
FILL. LAMPS AND BALLASTS SHALL BE TRANSPORTED TO A PERMITTED FACILITY.

CONTRACTOR SHALL PROVIDE ALL PERSONNEL, TRANSPORTATION, SERVICES, MAT-
ERIALS, EQUIPMENT, TECHNICAL AND MANAGEMENT SUPPORT REQUIRED TO PER-
FORM THE RECYCLING COLLECTION SERVICES.

ALL WASTE, MERCURY-CONTAINING LAMPS SHALL BE DELIVERED TO AN APPROVED
RECYCLING FACILITY, WHERE THEY SHALL BE DISASSEMBLED, RECLAIMED AND
PREPARED FOR MARKETING AS A RAW MATERIAL IN A MANNER THAT CONSTITUTES
RECYCLING AS DEFINED IN THE EPA'S RESOURCE CONSERVATION & RECOVERY ACT
(RCRA) (40CFR 261.2). A CERTIFICATE OF CONVERSION SHALL BE PROVIDED TO
DISPOSING AGENCY WITHIN 15 DAYS OF PICK-UP DATE.

NON-LEAKING, PCB-CONTAINING BALLASTS SHALL BE DELIVERED TO AN APPROVED
RECYCLING FACILITY, WHERE THEY SHALL BE DISASSEMBLED. PCB-CONTAMIMAT-
ED LIQUIDS SHALL BE INCINERATED IN ACCORDANCE WITH 40 CFR 720. ALL
OTHER PARTS OF THE BALLAST SHALL BE RECLAIMED, REUSED OR PREPARED FOR
MARKETING AS A RAW MATERIAL IN A MANNER THAT CONSTITUTES RECYCLING AS
DEFINED IN EPA'S RCRA (40 CFR 261.2). A CERTIFICATE OF INCINERATION
SHALL BE PROVIDED TO DISPOSING AGENCY WITHIN 90 DAYS OF PICK-UP DATE.

CONTRACTOR SHALL PROVIDE INSTRUCTION AND APPROPRIATE TECHNICAL GUID-
ANCE TO AGENCY PERSONNEL ON PACKING, LABELING, RECORD KEEPING, STORING
ETC.

CONTRACTOR SHALL PROVIDE A TRACKING SYSTEM FOR SPENT LAMPS RECEIVED.
THIS TRACKING SYSTEM SHALL PROVIDE FOR A CERTIFICATE OF CONVERSION OR
INCINERATION OR OTHER APPROPRIATE DOCUMENTATION PROVING FINAL DISPOSI-
TION OF WASTE MATERIAL TO AGENCY WITHIN 90 DAYS OF PICK-UP. CERTIFI-
CATE SHALL MAKE REFERENCE TO BILL OF LADING NUMBER FOR EACH PARTICULAR
SHIPMENT. BILL OF LADING TO CONTAIN SIGNATURE OF AGENT / CONTRACTOR
RECEIVING MATERIALS TO BE SHIPPED FOR RECYCLING.

CONTRACTOR SHALL PERFORM ALL SERVICES IN ACCORDANCE WITH CAPABLE REG-
ULATIONS SET FORTH BY THE U S EPA, U S DOT, OSHA, AND ANY OTHER APPLI-
CABLE REGULATIONS, AND MEET ALL STANDARDS OF EPA'S RESOURCE CONSERVA-
TION AND RECOVERY ACT (RCRA).

ALL EQUIPMENT WHICH IS USED BY THE CONTRACTOR TO COLLECT, TRANSPORT,
CONTAINERIZE, AND OTHERWISE HANDLE WASTE MERCURY-CONTAINING LAMP AND
PCB-CONTAINING/NON-PCB BALLASTS SHALL MEET ALL APPLICABLE FEDERAL,
STATE AND LOCAL REQUIREMENTS. APPROPRIATE AND PERMITTED VEHICLES MUST
BE USED TO COLLECT AND TRANSPORT THESE RECYCLABLE, HAZARDOUS MATERIALS
VEHICLES SHALL DISPLAY APPROPRIATE PLACARDS AND DECALS.

CONTRACTOR SHALL PROVIDE DOT APPROVED COLLECTION CONTAINERS FOR THE
SAFE COLLECTION AND SHIPMENT OF WASTE, MERCURY CONTAINING LAMPS WHEN
THE ORIGINAL PACKING CONTAINER IS NOT AVAILABLE OR PRACTICAL, OR IF
REQUESTED BY THE AGENCY. CONTAINERS SHALL ACCOMODATE 4' TO 8' TUBES,
AND ODD SHAPED LAMPS.

CONTAINERS SHALL DISPLAY APPROPRIATE LABELS STATING "WASTE CONTAINING
LAMPS" OR "USED MERCURY CONTAINING LAMPS".

CONTRACTOR SHALL PROVIDE DOT APPROVED CONTAINER FOR THE SAFE
COLLECTION AND SHIPMENT OF NON-LEAKING, PCB-CONTAINING BALLASTS
WITH APPROPRIATE LABELS.

CONTRACTOR SHALL PROVIDE DOT APPROVED CONTAINER FOR THE SAFE
COLLECTION AND SHIPMENT OF LEAKING, PCB-CONTAINING BALLASTS WITH
APPROPRIATE LABELS.

CONTRACTOR SHALL REPLACE EACH CONTAINER REMOVED WITH A LIKE, CLEAN,
LABELED CONTAINER.
DAMAGES

IF STATE PROPERTY IS DAMAGED, STOLEN OR LOST AS A RESULT OF
CONTRACTOR'S OR CONTRACTOR'S EMPLOYEES' NEGLIGENCE AND THAT PROPERTY
HAS TO BE REPAIRED OR REPLACED BY THE STATE, THE EXPENSE FOR SUCH WORK
OR REPLACEMENT WILL BE DEDUCTED FROM THE MONIES DUE THE CONTRACTOR.
IN ADDITION TO THE FOREGOING, THE STATE RESERVES THE RIGHT TO PURSUE
CLAIMS FOR DAMAGES THROUGH ANY AND ALL LEGAL REMEDIES AVAILABLE TO THE
STATE.