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HomeMy WebLinkAboutR-95-0052J-95-47 1/,12%95 RESOLUTION NO. 95- 52 'A A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH KIMMINS RECYCLING CORPORATION (KIMMINS), FOR THE ACCEPTANCE AND DISPOSAL OF PROCESSABLE WASTE FROM THE CITY OF MIAMI , FOR A PERIOD OF ONE YEAR AT AN ESTIMATED AMOUNT OF $3,255,000.00; ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE. NO. 421301-531, PROJECT NO. 422001. WHEREAS, the City of Miami, after competitive negotiations has determined that it is advantageous for the City to utilize Kimmins Recycling Corporation (Kimmins), facilities for the acceptance and disposal of its processable waste; and WHEREAS, Kimmins has offered to dispose of said waste at a proposed cost of $45.00 per ton; and WHEREAS, the City no longer wishes to dispose of its waste at Metropolitan Dade County facilities, where disposal costs are currently $68.00 and $59.00 per ton; and WHEREAS, Kimmins' fee is less costly and will result in a considerable savings to the City of Miami; and WHEREAS, funds for said service are available from Account No. 421301-531, Project No. 422001; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: i CITY COIVI'NliMOW r2EETING OF JAN 1 2 1995 Resolution No, 95- 52 Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this i Section. Section 2. The City Manager is hereby authorized to execute an agreement, in substantially the attached form, with Kimmins Recycling Corporation (Kimmins), for the acceptance and disposal of processable waste from the City of Miami, for a period of one year at an estimated amount of $3,255,000.00, with funds therefor hereby allocated from Account Code No. 421301-531, Project No. 422001. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 12th day of January 1995. ATTS PHEN P. C RK, MAY OR ' • MATT' HIRAI CITY CLERK PREPARED A D APPROVED BY: I OLGA MIREZ-SEI S ASSIWTANT CITY A TOR Y APPROVED AS TO FORM AND CORRECTNESS: C%66-SUMM "UJAWMAYA"E<< M •� s BSS:M4876 -2- 95- 52 JAN- 4-95 Wen 9 05 SOL I D WASTE P . 03 WASTE DISPOSAL AGREEMENT BY AND BETWEEN KIMMINS RECYCLING CORPORATION AND 'THE CITY OF MIAMI THIS AGREEMENT; made as of the day of , 19 Kimmins Recycling Corporation; a Florida Corporation; w th offices at 5000 N.W. 37 Avenue; Miami; Florida 33142 ("Company") and The City of Miami, Florida, a Florida municipal corporation, with offices at 1390 N.W. 20 Street; Miami, Florida 33142 ("Customer"). W'I'T'N'E S S E T'Hi WHEREAS; Customer desires that Company provide disposal facilities in Dade County, Florida (the "FacilitVIt as defined herein), for certain residential/household and commercial solid waste (as described herein) which Customer collects in and transports from Miami to the Facility; and WHEREAS; Customer and Company have agreed to execute this Agreement for disposal of the Customer's waste subject to terms and conditions hereinafter set forth; and NOW, THEREFORE, in consideration of the mutual covenants and promisee contained herein, and intending to be legally bound, the parties hereto agree as follows: 1. solid Waste Disposal. Subject to the terms and condi- tions contained herein, Company agrees to accept and dispose, at the Facility, Processable Waste delivered by Customer. 2. Processable Waste. The following types of waster are the only types of waste wh h Company will, accept at the Facility, and Customer agrees that it shall only seek disposal of Processable Waste. Processable waste shall have the definition it has in that certain Solid Waste Disposal Serv,ge Agreement by and between WESI and Broward County dated as of March 1, 1989 ("SWDSA"), which primary definition is attached hereto as AppcndTx A, all of which definition is incorporated herein by reference. In addition, all solid waste delivered to Company for disposal must conform to all applicable federal, state and local laws, regylations, rules, orders and permit conditions relating at any time to the transportation and disposal of solid waste. The Customer will not deliver and the Company is not required to accept trash as defined by FAC chapter 17-701. 3. Terms of Agreement. This Agreement shall commence on , the "Effective Date") and shall continue in full force and effect for a period of one (1) year, 1 95- 52 JAN- 4--SM WED 9 :06 SOLID WASTE P.04 unless terminated in accordance with the provisions set forth in this Agreement. 4. Rates for Dis osal- described in W-ragraph 2 above, for a gee of $45/ton. S. Operating Rules. Processable solid waste, as shall be disposed of by Company (a) Company reserves the right to make and enforce reasonable rules and regulations concerning the operation of the Facility, the conduct of the drivers and others on the Facility premises, and any other matters necessary or desirable for the safe, legal and efficient operation of the Facility. Said rules and regulations shall be applied in a reasonably equitable manner to all entities disposing of solid waste at the Facility. Vehicles delivering to the Facility on behalf of Customer shall comply with any and all of said rules and regulations. (b) Manner of Deliveries: Hours available for delivery under this Agreement are Monday through Saturday except Christmas, between the hours of 600 a.m. and 6aOO p.m. ("Normal Hours"). To make deliveries of Processable Waste at other than the normal hours, prior approval must be obtained from Company, which approval may be given or withheld from time to time in Company's sole reasonable discretion. All deliveries shall be made by self -powered mechanical unloading vehicles. All vehicles making deliveries shall be weighed at the Facility prior to being unloaded and shall be reweighed after unloading to establish a tare weight of the vehicle, and in all instances such weights shall be conclusive and binding on the parties providing scales of the Facilities comply with State law. Tare weights will be validated upon request of the Customer or Company. Only vehicles that have been previously authorized by Customer and identified by Customer to Company shall be allowed to make deliveries to the Facilities on behalf of Customer. (c) Inspecti.ones Company reserves for itself the right to inspect any vehicle which it reasonably believes to be delivering waste other than Processable Waste, and to deny admission to any vehicle carrying any waste other than Processable Waste. Should waste other than Processable Waste, delivered by or on behalf of Customer, be unloaded prior to detection, Company shall cause such waste to be promptly removed and disposed of as required by law and Customer shall pay all verifiable costs incurred for such removal, transportation and disposal. Company shall use reasonable commercial efforts to minimize said coats. (d) Company shall have the right to refuse disposal of any waste which does not conform to the requirements of this FI 95- 52 X A N- 4_ 9 z W E D 9: 0 7 S O L I D WASTE P. 0 5 Agreement or to any applicable law; regulation, rule, order, or permit condition. (e) In the event that Customer's vehicle should become incapacitated or unable to move while on the Facility premises, the Facility may, but shall not be obligated to, provide assistance in moving the vehicle. in such circumstances, Customer agrees that Company shall not have liability for damage to Customer's vehicle or property while providing such assistance. 6. Delivery and Acceptance. Customer shall deliver City of Miami acceptable waste in an amount of approximately $70,000 tons per year delivered in a manner that reflects the normal bi- weekly, residential collection pattern of the City of Miami. 7. Billing and Payment. Customer shall pay all invoices in accordance with the Florida Prompt Payment Act, Chapter 218, Part VII, Florida $tatutes, as amended. 8. Rights of Disposal. Company reserves the right to deny to the Customer access to the Facility in this event of breach or violation by Customer of any of% the terms of this'Agreementi the Company's operating rules or regulations; or applicable laws, rules, regulations, orders or permit Conditions that are applicable to Company or the Customer. For all purposes hereof, Facility shall mean and deliveries shall be made toe the Kimmins Recycling Corporation located at 5000 N.W. 37 Avenue, Miami, Florida 33142. If the Company is unable to accept the Customer's waste, the Customer's waste may be diverted to another disposal facility. 9. Limitation of Liability and Indemnity. Neither party nor its officers, d rectors, partners, agents, subcontractors, vendors, servants, employees, affiliates, parent, subsidiaries or respective successors or assigns shall be liable to the other Party for claims for incidental, special, indirect or consequential damages whether such claim for damages is based on a cause of action in warranty, negligence, strict liability, contract, operation of law or otherwise. The Parties agree to use reasonable commercial efforts to mitigate any direct damages. Subject to the limits of Section 768.28(5), Florida Statutes as to City's obligation hereunder, each party shall indemnify, defend and hold harmless the other party, its officers, directors, agents, and employees against all loss, claims, damage, expense, and liability to third persons including employees of either party for injury to or death of persons or damage to property, proximately caused by the indemnifying party's performance or non-performance of its obligations as set out in this Agreement (except to the extent caused by the 95- 52 J A N- 4-9s WED 9: 0 7 SOL- I D WASTE P. OG indemni6 ed party's negligence or willful misconduct). The provisions of the immediately foregoing paragraph regarding limitation of liability and of this paragraph shall survive termination of the Agreement. 10. Insurance. Company recognizes that Customer is a self - insured entity under Section 768.28(14), Florida Statutes, and that liability is limited to the amounts specified under Section 768.28(5) Florida Statutes, 11, Conditions Precedent. This Agreement shall be of no legal force or effect un ess and until it shall be executed and delivered by both parties. 12. Breach of this Agreement and Remedies. (a) subject to the right of Customer and Company to cure as provided in this paragraph, Customer or Company may cancel or revoke this Agreement any time upon the failure of Customer or Company to materially comply with any of its provisions. Before cancelling or revoking this Agreement the cancelling party shall send the defaulting party a ten-day written notice specifying the failure(s) to comply with the material terms and conditions of this Agreement. If the defaulting party fails to correct the specified noncompliance within ten (10) days after said notice, then the cancelling party shall have the right to cancel or revoke this Agreement, so long as the default continues. (b) The remedy set forth above is cumulative and in addition to any other remedies afforded at law or in equity, and any failure to assert a breach or any election of remedies shall not constitute a waiver of any subsequent breach or a bar to other or further remedies. (c) Any obligation for the payment of money by Customer, or otherwise arising from the conduct of either party prior to termination, shall not be affected by such termination and shall remain in full force and effect until satisfied, dlecbarged or waived. 13. Excuse of Performance. The performance of any obliga- tions under this Agreement, except for the payment of money for services already rendered, may be suspended by either party in the event that such performance or obligation is materially affected or is prevented by an act of force majeure. Force majeure events shall include, but are not limited to: acts of God= acts of war; riot or similar civil disturbance; fire; explosion; accident; flood; sabotage; complete inability to obtain adequate fuel or powers changes in governmental laws, regulations, rules, permits (including existing limitations in 4 95- 52 JAN- 4-9m WELL 9 :0e SOL- I D WASTE P.07 permits which hereafter become applicable or effective); national defense requirements; injunctions or restraining orders; strikes or other labor disputes. 14. Notice. Whenever either party desires to give notice unto the of er, it must be in writing and sent by United states Mail, Certified, Return Receipt Requested, or by telefax addressed to the party for whom it is intended at the place last specified pursuant to this article. The address designated for Bending notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. Notice shall be effective upon receipt of a telefax or five (5) days after deposit into the mail. Notwithstanding the foregoing, notice by fax shall not be effective unless confirmed by a copy of the notice transmitted by certified mail, return receipt requested. The parties designate the following as the respective addresses for sending notice, to wit: For Companyt KIMMINS RECYCLING CORPORATION Attn. Michael D. O'Brien With Copy to: For Customer: *City of Miami* *Attunt — Ron Williams* *Assistant City Mana er* *1390--N.W. 2 th St., Miami,, FL* Faxt 57 - i 15. Recovery Energy and Materials. Customer shall have no material interest in and shall not realize any financial benefits from the revenues derived by Company from the sale of any materials recovered or otherwise generated from or by the processing of Processable Waste at the Facility. 16. miscellaneous. (a) Governing Law. This Agreement shall be governed by the laws of the State of Florida. (b) Waiver. No indulgence, consent to or waiver of any breach of any provision of this Agreement by an party hereto shall be construed as a consent to or waiver of any other breach 5 95- 52 f OTY- OF MIAMI, FLOR10A INTEROFFICE MEMORANDUM TO . Honorable Mayor and Members DATE : JAN - 5 1995 f11.1 Of the city commission 41J9dECT : Resolution Authorising Agreement with Kimmins Recycling Corporation : ►�tFeAes , I I year Acceptance FROM Ce olio and Disposal of Waste. Ci Hagar eNo�4auRR� one it is respectfully requested that the City Commission approve tho above -referenced resolution authorizing the City of Miami to execute an agreement with .Xiuunins noayeling corporation in an estimated amount of $3,255,000 for the acceptance and disposal of solid waste from the City of Miami for a period of one year. 14A� CKGROU TAD Because of rising tipping fees, the City of Miami has negotiated, with Kiauuilla Reclycli.ng Corporation to accept disposal of its waste at a coat of $44 per ton as opposed to Metropolitan Dade County Faci.litiess where disposal costs are currently $68.00 and. $59.00 per ton. Additionally, we also interviewed Chamber Wmate Systems of Florida$ but the distance to their disposal site made their cost higher. The Kimm.inn' fee is less costly and will result in a considerable savings to the City of Miami, 95- 52 yq-j