HomeMy WebLinkAboutR-90-0412J-90-413
5/23/90
RESOLUT ION NO.90o- 412
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING
THE EXECUTION OF A NON-EXCLUSIVE AGREEMENT,
IN SUBSTANTIALLY THE FORM ATTACHED, WITH
MIAMI RECYCLING CENTER, INC. FOR THE PURCHASE
BY SAID FIRM OF RECYCLABLE MATERIALS
COLLECTED BY THE DEPARTMENT OF SOLID WASTE IN
THE IMPLEMENTATION OF -THE CITY OF MIAMI-
RECYCLES", A RESIDENTIAL CURBSIDE RECYCLING
COLLECTION PROGRAM, UNDER THE SAME PRICES
QUOTED TO METROPOLITAN DADE COUNTY AND UNDER
THE SAME TERMS AND CONDITIONS STIPULATED IN
THE CONTRACT BY AND BETWEEN METROPOLITAN DADE
COUNTY AND MIAMI RECYCLING CENTER, INC., WITH
THE SALE OF SAID RECYCLABLE MATERIALS TO
MIAMI RECYCLING CENTER, INC. TO CONTINUE FOR
ONE (1) YEAR FROM THE DATE HEREOF WITH AN
OPTION TO RENEW FOR FIVE (5) ADDITIONAL ONE
YEAR PERIODS, UPON THE APPROVAL OF THE CITY
COMMISSION.
WHEREAS, the 1988 Solid Waste Management Act enacted by the
Florida Legislature mandates a 30% reduction in the volume of
solid waste disposal by 1994, and requires that each county and
municipality, with a population over 50,000, initiate a recycling
program in accordance with Section 403.706 (4) of the Florida
Statutes; and
WHEREAS, Metropolitan Dade County issued a Request for
Proposal entitled "Purchase of Recyclable Materials", and Miami
Recycling Center, Inc. submitted a responsive proposal; and
WHEREAS, Metropolitan Dade County, pursuant to Countv
Resolution No. R-269-90, executed a non-exclusive agreement with
Miami Recycling Center, Inc. for the purchase by said firm of
recyclable glass, aluminum, plastics and newspaper. from Dade
County and other municipalities and public agencies in Dade County
that elect to use the services provided by Miami Recycling Center,
Inc. as third party beneficiaries to the contract by and between
Metropolitan Dade County and Miami Recycling Center, Inc.; and
T W T
COI.
CITY COMMISSION
MEETING OF
J U N 7 1990
90'a 41
krESOIMYMOM its.
WHEREAS, the City of Mi-ami and Miami Recycling Center, Inc.
are desirous of entering into an agreement for the purchase by
said firm of recyclables collected from "The City of Miami -
Recycles" Program; and
WHEREAS, the City Manager and the Director of the Department
of Solid Waste recommend that the sale of recyclable materials to
Miami Recycling Center, Inc. be approved for a period of
authorized sale that shall continue for one (1) year from the date
hereof, with an option to renew for five (5) additional one (1)
year periods;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
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
Section.
Section 2. The City Manager is hereby authorized to enter
into a non-exclusive agreement,l' in substantially the attached
form, with Miami Recycling Center, Inc. under the same terms and
conditions stipulated in the contract by and between Metropolitan
Dade County and Miami Recycling Center, Inc., for the purchase by
said firm of recyclable materials collected from "The City of
Miami -Recycles" curbside residential recycling program, with the
sale of said recyclable materials to Miami Recycling Center, Inc.
to continue for one (1) year from the date hereof_ with an option
to renew for five (5) additional one year periods, upon the
approval of the City Commission.
Section 3. This Resolution shall become effective
immediately upon its adoption.
y The herein authorization is further subject to compliance
witil all requirements that may be imposed by the City
Attorney, including but not limited to those prescribed by
applicable City Charter and Code provisions.
90- 412
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LA
PASSED AND ADOPTED this 7th day of. June , 1990.
XAVIER L. SUAREZ, MAY R
ATTFRIP -
PREPARED AND REVIEWED BY:
'47),tk
A LtRTINE B. SMITH
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
JOR E . FE ANUEZ
CITY ATTORN Y
M151.0
90- 412
Amok
NON-EXCLUSIVE AGRERM T BRTWEEN THE
CITY OF MIAMI AND MIAMI RECYCLING CRNTER, INC..
�_�'�$ TFi� FURL�iA$� QF�R�CYCI.�Bi�S MAHR�ALS�
THIS NON-EXCLUSIVE AGREEMENT is made and entered into this
day of 1990 at Miami, Dade County,
Florida by and between CITY OF MIAMI (hereinafter referred to as
"CITY"), and MIAMI RECYCLING CENTER, INC. (hereinafter referred
to as the "CONTRACTOR").
W I T N 8 S G R T H
WHEREAS, the 1988 Solid Waste Management Act enacted by the
Florida Legislature mandates a 30% reduction in the volume of
solid waste requiring disposal by 1994, and requires that eaoh
county and municipality Initiate a recyclable materials recycling
program; and
WHEREAS, the COUNTY issued a Request for Proposals entitled
"Purchase of Reoyclable Materials" from Metropolitan Dade County
on September 26, 1989; and
WHEREAS, MIAMI RECYCLING CENTER, INC. submitted a responsive
proposal, and the CITY and MIAMI RECYCLING CENTER, INC. are
desirous of entering into an agreement for the purchase of
recyclable materials from "the City of Miami -Recycles Program",
which was established per Resolution No. 90-150.
NOW THEREFORE, in consideration of the mutual premises and
covenants herein contained, it is agreed as follows:
ARTICLE I
The term of this Agreement shall be for one year from the
date of execution of this Agreement, with an option to renew for
five (5) additional one-year periods. Said renewals shall be
executed by the City Manager for the CITY. Any such renewal
shall be mutually agreed to in writing, at least thirty (30) days
prior to the expiration of each term.
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ARTICLE 2
D-197MIT1011s
For purposes of this Agreement, the following terms shall
apply:
Agreement: This document, including any written
amendments hereto and other written documents which are
expressly incorporated herein by reference.
may: CITY OF MIAMI, a municipal corporation
Incorporated under the Laws of the State of Florida.
Contractu : MIAMI RECYCLING CENTER, INC., including its
employees, agents, representatives, partners and principals.
Gross Weight: The Weight of the vehicle being used to
deliver recyclable materials while it still contains the load of
recyclable materials. Gross weights shall be determined as the
truck enters the location, prior to unloading any materials.
Municipality: A Municipality, within Dade County, created
pursuant to general or special law authorized or recognized
pursuant to Section 2 or Section 6, Article VIII of the State
Constitution, and when Section 403.706(20) applies means a
special district or other entity.
Nam: When referring to weight of materials received
pursuant to this Agreement, "net" shall refer to the gross
vehicle weight, including recyclable materials, less the tare
weight of the vehicle.
BubQontractor: Person or persons who are performing any part
of the scope of Contractor's responsibilities, as provided for
herein, other than the Contractor.
Tare Weight: Vehicle weight when not carrying any
materials. Tare weight shall be determined as the truck is
leaving the location, after all recyclable materials have been
unloaded.
fin: Two Thousand (2,000) pounds.
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Ziastia Polyethylene Were phthalate (PET) hevera 7e, and
liquor bottles. rinsed with gaps removed, and High -Density
Polyethylene (HDPE) an_atura�l bottles (e.g. milk, juice, and water)
rinsed with caps removed.
s: Soda bottles, juice containers, catsup —
bottles, wine and liquor bottles, glass food containers and
similar items, sorted by color (olear, green and brown). &iUminum-1. Aluminum beverage cans only.
ARTICLE 3
SOURCE OF RECYCI&$LE MATERIALS
Recyclable materials will be provided by the CITY OF MIAMI
recycling program. THE CITY MAKES NO GUARANTEE OF QUANTITIES OF
ACCEPTABLE RECYCLABLE MATERIALS TO BE DELIVERED TO THE
CONTRACTOR.
ARTICLE 4
RESPONSIBILITIES OF CONTRACTOR
1. Contractor shall provide a location(s) in Dade County
to which the recyclable materials will be delivered, as well as a
state -certified truck scale for determining the gross and tare
weights of the vehicle, thereby providing the information
necessary to determine the net weight of the recyclable materials
(vehicles will. be weighed -in prior to unloading and weighed -out
after unloading in order to determine the net weight of the
recyclable materials).
2. Contractor shall provide a receipt, signed by employees
of both the Contractor and the CITY, verifying the quantity,
type, and unit price of recyclable materials received. Receipts
shall also indicate the date and time the materials are received.
Any rejected recyclable materials must also be recorded on the
transaction ticket, with an explanation of the rejection.
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90- 412
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1-5. Contractor's books and reeorcl,s as they relate to this
Agreement shall be made available for inspection and audit by the
CITY without notice. In addition, all records pertaining to this
Agreement must be retained for at least five (5) years following
the expiration of this Agreement. The CITY shall at all times
retain the right to perform unannounced spot checks, and to
require the Contractor to re -weigh any truck, and shall exercise
those rights at the CITY's sole discretion.
4. Contractor will provide payment to the CITY for all
Recyclable Materials received from the CITY at Contractor's
location pursuant to this Agreement. Recyclable Materials
delivered by the CITY. shall be limited to the materials specified
below, and prices paid by the Contractor to the CITY shall be as
specified.
Aluminum Cans: Price for each month shall be ten cents
($.10) per pound below the average of the high low price for that
month for loose, flattened, used beverage cans as published by
ALCOA Aluminum.
Plastic CHDPE and PET): Two ($.02) cents per pound,
price fixed for the life of this Agreement.
Price for each month for clear glass shall be fifteen
dollars ($15.00) below the average of the high and low price paid
for the month for clear glass, as published by Owens -Brockway.
Price for each month for green glaas shall be twenty
dollars ($20.00) below the average of the high and low price paid
for that month for green glass, as published by Owens -Brockway.
Price for each month for brown glass shall be twenty
dollars ($20.00) below the average of the high and low price paid
for that month for brown glass, as published by Owens --Brockway.
5. Contractor shall, at its sole expense, provide all
labor and equipment to perform its duties hereunder.
6. All materials intended for purchase and sale pursuant
to this Agreement shall be delivered to the Contractor's location
at 2430 Northwest 74th Street, Miami, Florida, between the Hours
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of 7 : 7. 0 A.M. and, 4 : 30 P.M. Monday t,hrou.gh. Friday. and. 7,00 A.M.
to 1 : 00 P.M. on Saturday, or other, hours as mu.tually agreed upon. .
7. Contractor shall assume full responsibility for the
Recycled Materials once such materials have been delivered to its
location by the CITY.
8. Contractor shall provide fifteen (15) days advance
notice, in writing, in the event of a significant reduction in
its acceptance of recyclable materials from the CITY.
ARTICLE 5
Payment for materials delivered pursuant to this Agreement
will be due within fifteen (15) days of the end of the month
during which the materials were delivered. The Contractor shall
also provide at that same time a monthly report including a
detailed transaction by transaction listing of all deliveries
received from the CITY pursuant to this Agreement. Detail shall
include, at a minimum: 1) gross vehicle weight; 2) vehicle tare
weight; 3) net recyclable material weight; 4) date and time of
transaction; 5) type of material; 6) price per ton for each
material type; and 7) amount and justification of any rejected
materials. Report shall also include summary totals for each
recyclable material received multiplied by the price for that
material. The monthly report is to be included in support of the
monthly payment to be made to the CITY.
ARTICLE 6
CONTRACTOR, shall indemnify and save CITY harmless from and
against any and all claims, liabilities, losses, and causes of
action which may arise out of CONTRACTOR's activities under this
Agreement, including all other acts or omissions to act on tue
part of CONTRACTOR, including any person acting for or on its
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90- 412
beha.l.f, and. from aDd a.9,9 .nst any orders, jud.gments, or decrees
which may be entered and from and against all costs, a,ttor.neys,
i fees, expenses and liabilities incurred in the defense of any
such claims, or in the investigation thereof.
ARTICLE 7
I Nothing herein shall be construed as creating a partnership
or joint venture between the CITY and Contractor. No person
performing any of the work or services described hereunder shall
be considered an officer, agent, servant, representative or
employee of the CITY, nor shall any such person be entitled to
any benefits available or granted to employees of CITY.
ARTICLE 8
Notices required or contemplated by this Agreement shall be
in writing, and shall be either personally served or sent via
certified mail, return receipt requested, addressed to the
parties as follows:
As to the CITY:
City of Miami
Department of Solid Waste
Attn: Joseph Ingraham, Director
1290 Northwest 20th Street
Miami, Florida 33142
As to the Contractor:
Miami Recycling Center, Inc.
Attn: David Olcefski, President
2430 Northwest 74th Street
Miami, Florida 33147
City of Miami
City Manager's Office
Attn: Cesar H. Odio
City Manager
3500 Pan American Drive
Miami, Florida 33133
or to such other address as the parties may designate in writing,
in compliance with the above stated procedure.
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ARTTGLR 0
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Liability Insurance is required of CONTRACTOR and is to be
cleared through the office of the CITY's Law Department,
Insurance Manager, One Southeast Third Avenue, Miami, Florida,
telephone 579-6700. The insurance policy must be endorsed to
name the CITY as an additional insured. No qualification of the
additional insured provision is permitted. The company affording
coverage must be acceptable to the CITY in terms of Management
Classification and Financial Category ratings as stipulated by
the latest issue of Best's Key Rating Guide. The CITY is to be
provided with a copy of such insurance policies and a certificate
of same.
ARTICLE 10
Contractor shall obtain, keep current, and pay for all
licenses, permits and inspections required for fulfillment of
this Agreement. Damages, penalties, and/or fines imposed on or
incurred by the Contractor for failure to obtain and keep current
required licenses or permits to this Agreement, shall be borne
solely by the Contractor.
ARTICLE 11
Both parties shall comply with all applicable laws,
ordinances and codes of federal, state and local governments.
ARTICLE 12
Either Miami Recycling Center, Inc. or the CITY may cancel
this Agreement, without cause and without penalties, by providing
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thirty (30) days written notine of cancel-lation to the other
parties.
ARTICLE 13
This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. Any litigation
hereunder shall be brought in the applicable state or federal
court in Dade County, Florida.
ARTICLE 14
The invalidity of one or more of the phrases, sentences,
clauses, or Sections contained in this Agreement shall not affect
the validity of the remaining portion of the Agreement, provided
the material purposes of this Agreement can be determined and
effectuated.
ARTICLE 15
No amendments to this Agreement shall be binding on either
party unless in writing and signed by both parties.
ARTICLE 16
This Agreement and its attachments constitute the sole and
only Agreement of the parties hereto and correctly sets forth the
rights, duties and obligations of each to the other as of its
date. Any prior agreements, promises, negotiations, or
representations not expressly set forth in this Agreement are of
no force or effect.
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90- 412
VFW"
ARTICLE 17
Section and Article Headings herein have been inserted for
convenience of reference only and will not limit, expand, or
otherwise affect the construction of this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement
to be executed by their respective and duly authorized officers
on the day and year written above.
CITY OF MIAMI, a municipal
Corporation of the State of
ATTEST: Florida
By
MATTY HIRAI CESAR H. ODIO
City Clerk City Manager
WITNESSES: MIAMI RECYCLING CENTER, INC.
APPROVED AS TO FORM AND
CORRECTNESS:
By
President
ATTEST:
By:
Secretary
JORGE L. FERNANDEZ
City Attorney
HH/ebg/M219
5/18/90 11:25 A.M.
- 9 412
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2
CITY OF �.dil���tl, FLORID/+
INTER -OFFICE MEMORANDUM
To Honorable Mayor and DATE �`) `I , 19�0 FILE
Members of the City Commission '- 0
SUBJECT Resolution for Sale of
Recyclable Materials:
Riami Recycling Center
FROM REFERENCES Inc.
Cesar H. Odio ( June 7, Comm. Meeting)
City Manager ENCLOSURES
Recommendation:
It is respectfully recommended that the City Commission approve
the attached resolution authorizing the City Manager to enter
into a non-exclusive agreement with Miami Recycling Center, Inc.
for the purchase of recyclable materials under the same terms
and conditions stipulated in an existing contract by and between
Metropolitan Dade County and said contractor, a copy of which is
incorporated herein by reference.
Background:
The 1988 Solid Waste Management Act, enacted by the Florida
Legislature, mandates a 30% reduction in the volume of solid
waste requiring disposal by 1994, and requires that each county
and municipality in the State of Florida implement State Grant
funded curbside recycling programs in accordance with Section
403.706(4) Florida Statute. Pursuant to the FY 88-89 grant
agreement by and between the City of Miami and the Florida
Department of Environmental Regulation, the City of Miami
Department of Solid Waste implemented a residential curbside
recycling program during the month of February 1990 in order to
comply with State recycling legislative mandates and said grant
agreement. During fiscal year 1990 the Department of Solid Waste
plans to expand the recycling program in accordance with the
newly awarded State recycling grant for FY 90.
Miami Recycling Center, Inc. submitted a responsive proposal to a
request for proposal entitled "Purchase of Recyclable Materials"
issued by Metropolitan Dade County for its use and the use of any
other municipality or public agency in Dade County that elects to
avail itself as third party beneficiaries to the services
provided under said contract. The City of Miami is desirous of
entering into a non-exclusive agreement with Miami Recycling
Center for the sale of recyclable materials including newspaper,
aluminum cans, glass and plastic bottles collected from "The City
of Miami Recycles" curbside residential recycling program.
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ML
Agenda item No. 5(e)(10)
4-3-90
RESOLUTION NO. R-269-90
RESOLUTION WAIVING FORMAL BID PROCEDURES AND
PROVISIONS OF ADMINISTRATIVE ORDER 3-2 AND -
AUTHORIZING EXECUTION OF NON-EXCLUSIVE
AGREEMENT WITH MIAMI RECYCLING CENTER, INC. AWL
FOR THE PURCHASE OF RECYCLABLE MATERIALS FROM
DADE COUNTY; AND AUTHORIZING COUr4TY MANAGER
TO EXERCISE THE CANCELLATION AND RENEWAL
PROVISIONS CONTAINED THEREIN
WHEREAS, this Board desires to accomplish the purposes
outlined in the accompanying memorandum, a copy of which is
incorporated herein by reference,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF DADE COUNTY, FLORIDA, that this'Board finds it
in the best interest of the County to waive formal bid procedures
in connection with the purchase of recyclable materials from Dade
County. formal bidding being waived in. this instance pursuant to
Section 4.03 (D) of the Home Rule Charter by two-thirds (213) =
vote of the Board members present; this Board further waives the
provisions of Administrative Order 3-2 relating to the
acquisition of goods or services;. this Board approves the
Non-exclusive Agreement between Dade County and Miami Recycling
,Center, Inc_ for the purchase of recyclable materials from Dade
I "
!County in substantially the form attached hereto and made a part
I
;hereof; authorizes the County Manager to execute same for and on
behalf of Dade County; and to exercise the cancellation and
:renewal provisions contained therein.
. .:c '-1'n ;. .... . ....... _
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90- 41
El
The foregoing resolution was offered by Con-"issiover
Larry Hawkins who moved i is adopt ion. The motion was
seconded by Comm i s s i one r Sherman S. Winn and upon
tieing put to a vote, the vote was as follows:
Barbara
M. Carey
aye
Charley
Dusseau
aye
Joseph M. Gersten
aye
Larry Hawkins
aye
Harvey Ruvin
absent
Barry D.
Schreiber
aye
Jorge E.
Valdes
aye
Sherman
S . Winn
aye
Stephen
P. Clark
aye
The Mayor thereupon declared the resolution duly passed and
adopted this 3rd day of April, 1990.
DADE COUNTY FLOR 1 DA BY ITS
BOARD OF COUNTY CONIM I SS 1 ONERS
RICHARD P. BRINKER, CLERK
Deputy
Approved by County Attorney as
�to form and legal sufficiency.
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;a
NON-EXCLUSIVE AGREEMENT BETWEEN METROPOLITAN DADE COUNTY AND
MIAMI RECYCLING CENTER, INC.
FOR THE PURCHASE OF RECYCLABLE MATERIALS
THIS NON-EXCLUSIVE AGREEMENT is made and entered into this
day of Afolf I'' , 1989 at Miami, Dade County, Florida by
and between METROPOLITAN DADE COUNTY (hereinafter referred to as
the "COUNTY"), and MIAMI RECYCLING CENTER, INC.. (hereinafter
referred to as the "CONTRACTOR").
WITNESSETH
WHEREAS, the 1988 Solid Waste Management Act enacted by the
Florida Legislature mandates a 30% reduction in the volume of
solid waste requiring disposal by 1994, and requires that each
county initiate a recyclable materials recycling program; and
WHEREAS, the County issued a Request for Proposals entitled
"Purchase of Recyclable Materials from Metropolitan Dade County";
and
WHEREAS, Miami Recycling Center, Inc., submitted a
responsive proposal, and the County and Miami Recycling Center,
Inc. are desirous of entering into an agreement for the purchase
of recyclable materials from the County,
NOW THEREFORE, in consideration of the mutual premises and
covenants herein contained, it is agreed as follows:
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ARTICLE 1
TERM OF AGREEMENT
The term of this Agreement shall be for one year from the
date of this Agreement, with an option to renew for five (5)
additional one-year periods. Said renewals shall be executed by
the Director, Department of Solid Waste Management for the
County, and by the President, Miami Recycling Center, Inc., for
the Contractor. Any such renewal shall be mutually agreed to in
writing, at least thirty (30) days prior to the expiration of
each term. All terms and conditions contained within this
Agreement shall also apply to any municipalities electing to
participate in this Agreement.
ARTICLE 2
DEFINITIONS
For purposes of this Agreement, the following terms shall
apply:
Aluminum: Aluminum beverage cans only.
Agreement: This document, including any written amendments
hereto and other written documents which are expressly
incorporated herein by reference.
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90- 412
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County: Metropolitan Dade County, a political subdivision of
the State of Florida.
Contractor: Miami Recycling Center, Inc., including its
employees, agents, representatives, partners and principals.
Glass: Soda bottles, juice containers, catsup bottles, wine and
liquor bottles, glass food containers and similar items, sorted
by color (clear, green and brown).
Gross Weight: The weight of the vehicle being used to deliver
recyclable materials while it still contains the load of
recyclable materials. Gross weights shall be determined as the
truck enters the location, prior to unloading any materials.
Municipality: A Municipality, within Dade County, created
pursuant to general or special law authorized or recognized
pursuant to s.2 or s.6, Article VIII of the State Constitution,
and when s.403.706(20) applies means a special district or other
entity.
Net: When referring to weight of materials received pursuant to
this Agreement, "net" shall refer to the gross vehicle weight,
including recyclable materials, less the tare weight of the
vehicle.
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Plastic: Polyethylene Terephthalate (PET) beverage and liquor
bottles, rinsed with caps removed, and High -Density Polyethylene
(HOPE) natural bottles (e.g. milk, -juice, and water) rinsed with
caps removed.
Public Agency: Other governmental agencies located in Dade
County that would otherwise be required to acquire services
through established governmental procurement processes.
Subcontractor: Person or persons who are performing any part of
the scope of Contractor's responsibilities, as provided for
herein, other than the Contractor.
Tare Weight: Vehicle weight when not carrying any materials.
Tare weight shall be determined as the truck is leaving the
location, after all recyclable materials have been unloaded.
Ton: Two thousand (2,000) pounds.
ARTICLE 3
SOURCE OF RECYCLABLE MATERIALS
Recyclable materials may be provided from a number of County
and municipal recycling programs within Dade County. THE COUNTY
MAKES NO GUARANTEE OF QUANTITIES OF MATERIALS TO BE DELIVERED TO
THE CONTRACTOR. All provisions of this Agreement as they apply
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to the County shall apply to any Municipality electing to
participate.
ARTICLE 4
RESPONSIBILITIES OF CONTRACTOR
1. Contractor shall make the services provided pursuant to
this Agreement available to other Municipalities and Public
Agencies in Dade County that elect to use them. Said
Municipalities and Public Agencies are intended by the parties
hereto to be third party beneficiaries under this Agreement.
Municipalities or Public Agencies that elect to use the services
provided by this Agreement shall do so by specific reference to
this agreement in their contract with the Contractor, and shall
thereby agree to be bound by the same terms and provisions as
contained herein.
2. Contractor shall provide (a) location(s) in Dade County
to which the recyclable materials will be delivered. as well as a
state -certified truck scale for determining the gross and tare
weights of the vehicle, thereby providing the information
necessary to determine the net weight of the recyclable materials
(vehicles will be weighed -in prior to unloading and weighed -out
after unloading in order to determine the net weight of the
recyclable materials).
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3. Contractor shall provide a receipt, signed by employees
of both the Contractor and the County (or Municipality or Public
Agency), verifying the quantity," type, and unit price of
recyclable materials received. Receipts shall also indicate the
date and time the materials are received. Any rejected recyclable
materials must also be recorded on the transaction ticket, with
an explanation of the rejection.
4. Contractor's books and records as they relate to this
Agreement must be made available for inspection and audit by the
County without notice. In addition, all records pertaining to
this Agreement must be retained in proper order for at least five
(5) years following the expiration of this Agreement. The
County shall at all times retain the right to perform unannounced
spot checks, and to require the Contractor to re -weigh any truck,
and shall exercise those rights at the County's sole discretion.
S. Contractor will provide payment to the County for all
Recyclable Materials received from the County at Contractor's
location pursuant to this Agreement. Recyclable Materials
delivered by the County shall be limited to the materials
specified below, and prices paid by the Contractor to the County
shall be as specified.
Aluminum Cans: Price for each month shall be ten cents (s.10)
per pound below the average of the high low price for that month
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90- 412
for loose, flattened, used beverage cans as published by ALCOA
Aluminum.
Glass:
Price for each month for clear glass shall be fifteen
dollars ($15.00) below the average of the high and low price
paid for that month for clear glass, as published by
Owens -Brockway.
Price for each month for green glass shall be twenty dollars
($20.00) below the average of the high and low price paid
for that month for green glass, as published by
Owens -Brockway.
Price for eacn month for brown glass shall be twenty dollars
($20.00) below the average of the high and low price paid
for that month for brown glass, as published by
Owens -Brockway.
Plastics: Two ($.02) cents per pound. price fixed for the life
of this agreement.
6. All materials intended for purchase and sale pursuant
to this Agreement shall be delivered to the Contractor's location
at 2430 N.W. 74'.h Street, Miami, F'frida. between the Hours of
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90- 412
7:00 A.M. and 4:30 P.M. Monday through Friday, and 7:00 A.M. to
1:00 P.M. on Saturday.
7. Contractor shall, at its sole expense, provide all
labor and equipment to perform its duties hereunder.
8. Contractor shall assume full responsibility for
transportation and marketing arrangements for the Recycled
Materials after delivery to its location.
9. Contractor shall secure, and assume full responsibility
for, all market contracts for the sale of the recyclable
materials. The County will not be a party to any contracts
between Contractor and subsequent purchasers of recyclable
materials.
10. Contractor shall provide fifteen (15) days advance
notice, in writing, in the event of a significant reduction in
its acceptance of and recyclable materials from the County.
ARTICLE S
RESPONSIBILITIES OF COUNTY
1. The County will provide the delivery of recyclable
materials to the Contractor's Facility. 'THE COUNTY MAKES NO
GUARANTEE OF QUANTITIES OF ACCEPTABLE RECYCLABLE MATERIALS TO BE
DELIVERED.
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ARTICLE 6
PAYMENTS/REPORTS
Payment for materials delivered pursuant to this Agreement
will be due within fifteen (15) days of the end of the calendar
month during which the recyclable materials were delivered. The
Contractor shall also provide at that same time a monthly report
including a detailed transaction by transaction listing of all
deliveries received from the County (or municipality or Public
Agency, as appropriate) pursuant to this Agreement. Detail
shall include, at a minimum: 1) gross vehicle weight, 2) vehicle
tare weight, 3) net recyclable material weight, 4) date and time
of transaction, 5) type of material, 6) price per ton for each
material type, 7) amount and justification of any rejected
materials. Report shall also include summary totals for each
recyclable material received multiplied by the price for that
material. The monthly report is to be included in support of the
monthly payment to be made to the County.
ARTICLE 7
INDEMNIFICATION
The Contractor shall indemnify and save the County harmless from
any and all claims, liability, losses and causes of action which
may arise out of the acts or omissions of its officers, agents,
employees, contractors, subcontractors, licensers, or inviters,
in the fulfillment of the Agreement. The Contractor shall pay
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all claims and losses of any nature whatever in connection
therewith, and shall defend all suits, in the name of the County
when applicable, and shall pay all costs and judgements which may
issue thereon.
ARTICLE 8
INDEPENDENT CONTRACTOR =
Nothing herein shall be construed as creating a partnership
or joint venture between the County and Contractor. No person
performing any of the work or services described hereunder shall
be considered an officer, agent, servant, representative or
employee of the County, nor shall any such person be entitled to
any benefits available or granted to employees of County.
ARTICLE 9
NOTICES
Notices required or contemplated by this Agreement shall be
in writing. and shall be either personally served or sent via
Certified Mail, return receipt requested, addressed to the
parties as follows:
As to the County:
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Dade County Department of Solid Waste Management
Attn: Director
-� 5675 NW 53rd Street, Suite 201
Miami, Florida 33166
Telephone (305) 592-1776
As to the Contractor:
Miami Recycling Center, Inc.
Attn: David Olcefski
2430 N.W. 74th Street
Miami, Florida 33147
or to such other address as the parties may designate in writing,
in compliance with the above stated procedure.
ARTICLE 10
LICENSES AND PERMITS;APPLICABLE LAWS
Contractor shall obtain, keep current, and pay for all
licenses, permits and inspections required for fulfillment of
this Agreement, and shall comply with all applicable laws,
ordinances, and regulations. Damages, penalties, and/or fines
imposed on or incurred by the Contractor for failure to obtain
and keep current required licenses or permits, or to comply with
laws, ordinances, regulations, or special conditions applicable
to this Agreement shall be borne solely by the Contractor.
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ARTICLE 11
TERMINATION
Either Miami Recycling Center, Inc. or the County may cancel
this Agreement, without cause and without liability, by providing
thirty (30) days written notice of cancellation to the other
parties.
ARTICLE 12
GOVERNING LAW AND VENUE
This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. Any litigation
hereunder shall be brought in the applicable state or federal
court in Dade County, Florida.
ARTICLE 13
SEVERABILITY
The invalidity of one or more of the phrases, sentences,
clauses, or Sections contained in this Agreement shall not affect
the validity of the remaining portion of the Agreement, provided
the material purposes of this Agreement can be determined and
effectuated.
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ARTICLE 14
PRIOR AGREEMENTS SUPERSEDED; AMENDMENT
This Agreement incorporates and includes all prior
negotiations, correspondence, conversations, agreements, and
understandings applicable to the matters contained herein and the
parties agree that there are no commitments, agreements, or
understandings concerning the subject matter of this Agreement
that are not contained in this document. Accordingly, it is
agreed that no deviation from the terms hereof shall bo
predicated upon any prior representations or agreements whether
oral or written.
This Agreement may be modified, altered or amended only by a
written Agreement duly executed by the parties hereto or their
representatives, and authorized by the Board of County
Commissioners.
ARTICLE 16
ENTIRE AGREEMENT
This Agreement and the Exhibits attached hereto contain the
entire Agreement between the parties as to matters contained
herein. Any oral representations or modifications concerning
this Agreement shall be of no force and effect.
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ARTICLE 17
HEADINGS
Section and Article Headings herein have been inserted for
convenience of reference only and will not limit, expand, or
otherwise affect the construction of this Agreement.
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IN WITNESS WHEREOF, the parties have caused this Agreement
- to be executed by their respective and duly authorized officers
on the day and year written above. --
Attest:
�0 put; Clerk
•
Attest:
Secretary
DADE COUNTY FL RIDA BY ITS
BOARD OR.�U OMMISSIONERS
County Manager
MIAMI RECYCLING CENTER, INC.
President
Approved by County Attorney as to
form and legal sufficiency. Z
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