HomeMy WebLinkAboutR-90-0149J.90- 130
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RESOLUTION NO. 9®--0149
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING
THE EXECUTION OF A NON-EXCLUSIVE AGREEMENT,
IN SUBSTANTIALLY THE SAME FORM AS ATTACHED
HERETO WITH MIAMI RIVER RECYCLING/ATLAS IRON
COMPANY, JOINT VENTURE, FOR THE PURCHASE OF
RECYCLABLE FERROUS MATERIALS AND WHITE GOODS
DUE TO THE IMPLEMENTATION OF "THE CITY OF
MIAMI-RECYCLES", A RESIDENTIAL CURBSIDE
RECYCLING COLLECTION PROGRAM, BY THE
DEPARTMENT OF SOLID WASTE, UNDER THE SAME
PRICES QUOTED TO METROPOLITAN DADE COUNTY AND
UNDER THE SAME TERMS AND CONDITIONS PURSUANT
TO THE ATTACHED CONTRACT BY AND BETWEEN
METROPOLITAN DADE COUNTY AND MIAMI RIVER
RECYCLING/ATLAS IRON COMPANY, JOINT VENTURE,
SAID SALE 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 1i188 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) Florida Statute;
and
WHEREAS, Metropolitan Dade County issued a Request for
Proposal entitled "Purchase of Recyclable Materials", and Miami
River Recycling/Atlas Iron Company, Joint Venture submitted a
responsive proposal; and
WHEREAS, Metropolitan Dade County pursuant to County
Resolution No. R-32-90, executed a non-exclusive agreement with
Miami River Recycling/Atlas Iron Company, Joint Venture for the
purchase of recyclable ferrous materials and white goods defined
as discarded refrigerators, ranges, water heaters, freezers and
other similar domestic and commercial large appliances from Dade
County and other municipalities and public agencies in Dade County
that elect to use the services provided by Miami River
Recycling/Atlas Iron Company, Joint Venture, as third party
beneficiaries to the contract by and between Metropolitan Dade
County and Miami River Recycling/Atlas Iron cn�pM"
venture; and 7
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MEETING OF
.:7CBt FEB 15 1990
AI
U "ONTAl"E RfSOI!lTION M - "
WHEREAS, the City of Miami and Miami River Recycling/Atlas
Iron Company, Joint venture are desirous of entering into an
agreement for the purchase 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 River Recycling/Atlas Iron Company, Joint venture 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.1
Section 2. The City Manager is hereby authorized to enter
into a non-exclusive agreement,in substantially the same form as
attached hereto, with Miami River Recycling/Atlas Iron Company,
Joint venture, under the same terms and conditions stipulated in
the contract by and between Metropolitan Dade County and Miami
River Recycling/Atlas Iron Company, Joint venture, a copy of said
contract being attached hereto for reference, for the purchase of
recyclable materials collected from "The City of Miami -Recycles"
curbside residential recycling program, said sale 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.
1/ The herein authorization is further subject to compliance with
all requirements that may be imposed by the City Attorney,
including but not limited to those prescribed by applicable City
Charter and Code provisions.
2 90.0149
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PASSED AND ADOPTED this 15th
ATTES
MATTY HIRAI, CITY CLERK
day of February , 1990.
r
XA IER L. SUA.REZ , CPR
APPROVED AS TO FORM AND CORRECTNESS:
f
JO GE L FE D
CITY ATTOR
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NON-EXCLUSIVE AGREEMENT BETWEEN METROPOLITAN DADE COUNTY AND
MIAMI RIVER RECYCLING/ATLAS IRON, JOINT VENTURE
FOR THE PURCHASE OF RECYCLABLE FERROUS MATERIALS AND WHITE GOODS
THIS NON-EXCLUSIVE AGREEMENT is made and entered into this
yc
/4 day of 1989, at Miami, Dade County, Florida by
and between TROPOL AN DADE COUNTY (hereinafter referred to as
the "COUNTY"), and MIAMI RIVER RECYCLING/ATLAS IRON, JOINT
VENTURE (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 River Recycling/Atlas Iron, Joint Venture
submitted a responsive proposal, and the County and Miami River
Recycling/Atlas Iron, Joint Venture are desirous of entering into
an agreement for the purchase of recyclable materials from the
County,
NOW THEREFORE, in consideration of the mutual promises 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 (6) • , =
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 River Recycling, 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:
Agreement: This document, including any written amendments
hereto and other written documents which are expressly
incorporated herein by reference.
County: Metropolitan Dade County, a political subdivision of
the State of Florida.
2.
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Contractor: Miami River Recycling/Atlas Iron, Joint Venture,
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. t
Municipality: A Municipality, within Dade County, created
i
pursuant to general or special law authorized or recognized
pursuant to s.2 or s.6, Article V-III of the State Constitution,
and when s.403.706(20) applies.means a special district or other
entity.
Not: 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.
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.
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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.
White Goods:. Discarded refrigerators, ranges, water heaters,
freezers, and other similar domestic and commercial large
appliances.
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
to the County shall apply to any Municipality electing to
participate.
ARTICLE a
,t
RESPONSIBILITIES OF CONTRACTOR
1. Contractor shall make the services provided pursuant to
this Agreement available to other Municipalities and Public
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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
etata-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).
• 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 tickett wi"th
an explanation of the rejection.
4. Contractor's books and records as they relate to this
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90-OJL49
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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
(6) 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 fror 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.
Ferrous Metals: Twelve dollars ($12.00) per ton (net),
price fixed for.the life of this Agreement.
White Goods: Twelve dollars ($12.00) per ton (net), 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 3700 N.W. North River Drive, Miami, Florida, between the Hours
a
of 7:06 A.M. and 4:30 P.M. Monday through Friday, and 7:00 A.M.
to 1:00 P.M. on Saturday.
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7. Contractor shall, at its sole expense, provide all
labor and equipment to perform its duties hereunder.
g. 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 White Goads and recyclable ferrous. materials
from the County.
ARTICLE 5
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 (16) days of the and of 'the previous
month. 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,
P Y g y, 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 par ton for each material type, 7) amount and justification
of any rejected materials. Report shall also include summary
totals for each recyclable materia. 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.
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.
3
employees, contractors, subcontractors, licensees. or invitees,
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 an& 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 they
parties as follows:
•
As to the County:
Dade County Department of Solid Waste Management
Attn: Director
8676 NW 53rd Street, Suite 201
Miami, Florida 33166
Telephone (305) 592-1776
As to the Contractor:
Miami River Recycling/Atlas Iron, Joint Venture
Attn: Anthony Giordano, President
Miami River Recycling, Inc.
3700 N.W. North River Drive
Miami, Florida 33142
or to such other address as the parties may designate in writing,= _
in compliance with the abode stated procedure.
ARTICLE _0
LICENSES AND PERMITS:APPLICABLE LAWS
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Contractor shall obtain, keep current, and pay for all
licenses, permits and inspections required for fulfillment of
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:his Agreement, and shall comply with all applicable laws,
ordinances, and regulations. Damages. penalties, and/or fines
imposed on or incurred by the Contractor for failures to obtain
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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.
ARTICLE 11
TERMINATION
Either Miami River Recycling/Atlas Iron, Joint Venture' 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
o
The invalidity of one or more of the phrases. sentence&
clauses, or Sections contained in this Agreement shall `not affect
11 ��
9.0-0149
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the validity of the remaining portion of the Agreement, provided
the material purposes of this Agreement can be determined and
effectuated.
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 be
predicated upon any prior representations or agreements whether
oral or written.
rt
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
qP
This Agreement and the Exhibits attached hereto contain the
entire Agreement between the parties as to matters contained
4
herein. Any oral representations or modifications concerning
this Agreement shall be of no force and effect.
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.
El
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:
e uty Cler
Attest:
BY: U
• Secrerta y
DADE COUNTY, FLORIDA BY'ITS
BOARD OF COUNTY COMMISSIONERS
By
County Manager
MIAMI RIVER RECYCLING
ATLAS IRON/JOINT VENTURE;
COMPRISED'OF:
MIAMI
BY:
-= ATLAS IRON PROC R C.
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BY:
Pr V:
Attu3t.:
BY: yL-bq&1;c
Secretary +
Approved by County Attorney as to
form and legal sufficiency.
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RESOLUTION NO.
R-32-90
Agenda Item No. 5 (e) (17) 1
1-16-90 9
RESOLUTION APPROVING WAIVER OF FORMAL BID
PROCEDURES AND PROVISIONS OF ADMINISTRATIVE
ORDER 3-2 AND AUTHORIZING EXECUTION OF
NON-EXCLUSIVE AGREEMENT WITH MIAMI RIVER ,
RECYCLING/ATLAS IRON, JOINT VENTURE, FOR THE
PURCIMSE OF RECYCLABLE MATERIALS FROM DADE
COUNTY; AND AUTHORIZING THE COUNTY MANAGER TO
EXERCISE THE RENEWAL AND TERMINATION
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 Frow."Da9e
County, formal bidding being waived in this instance pursuant to
Section 4.03 (D) of the Home Rule Charter by two-thirds (2/3)
vote of the Hoard members present;.this Board further waives the
•provisins of Administrative Order 3-2 relating to the acquisi-
tion of goods or services; this Board approves the Non-exclusive
Agreement between Dade County and Miami River Recycling/i+tl_zs
Iron, Joint Venture for the purchase of recyclable ferroas
materials and white goods from Dade County; in substantially the
form sttached hereto and made a part hereof; and authorizes the
County Manager to execute same for and on behalf of Dade Cou.ity;
and to exercise the termination and renewal provisions contained
therein.
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Agenda Item No. 5.(e) (17)
Page 2
The foregoing resolution was' offered by
Commissioner Barbara M. Carey , who moved its adoption. The
motion was seconded by Commissioner Jorge E. Valdes ,
and upon being put to a vote, the vote was as Follows:
Barbara M. Carey aye
Charles Dusseau aye
Joseph M. Gersten aye
Larry Hawkins aye
Harvey Ruvin absent
Barry D. Schreiber aye
Jorge E. Valdes aye
Sherman S. Winn absent
Stephen P. Clark absent
The Mayor thereupon declared the resolution duly passed, and
adopted this 16th day of January, 1990.
DADE COUNTY, FLORIDA
BY ITS BOARD OF
COUNTY COMMISSIONERS
RICHARD P. IBRINKER, CLERX
Approved by County Attorney a� tP C BY: RAYMOND REED
form and legal sufficiency. Deputy Clerk.
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ARTICLE l
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 (6) e+,
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 River Recycling. 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 municipalitieselecting to
participate in this Agreement.
For purposes of
ARTICLE 2 _
DEFINITIONS
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.
Co,� unt,z: Metropolitan Dade County, a political subdivision of
the State of Florida.
2�
Contractor: Miami River Recycling/Atlas Iron, Joint Venture,
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 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. _
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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.
_
Public Agency: Other governmental agencies located in Dade
County that would otherwise be required to acqu+re services
through established governmental procurement processes.
-
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Subcontractor: Person or persons who are performing any part of
_
the scope of Contractor's responsibilities, as providodl.ejor
herein, other then the Contractor.
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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.
White Goods: Discarded refrigerators. ranges, water heaters,
freezers, and other similar domestic and commercial large
appliances.
ARTICLE S
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
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
+"" 44
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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 provisiona 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).
• 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
a
an explanation of the rejection.
4. Contractor's books and records as they relate to this
i S Z 4
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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
(6) yeara 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.
6: Contractor will provide payment to the County for -all
Recyclable Materials received frog 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.
- Ferrous Metals: Twelve dollars (t12.00) per ton (net).
price fixed for the life of this Agreement _
+ White Goods: Twelve dollars ($12.00) per ton (net). price
fixed for the life of this Agreement.
Y
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6. All materials intended for purchase and sale pursuant
to this Agreement shall be delivered to the Contractor's location
at 3700 N.W. North River ®rive, Miami, Florida, between the Hours
•
n of 7:00 A.M. and 4:30 P.M. Monday through Friday+. and 7:ta0 ` A:M.
to 1:00 P.M. on Saturday. .
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7. Contractor shall, at its sole expense. provide all
labor and equipment to perform its duties hereunder.
S. Contractor shall assume full responsibility for
transportation and marketing arrangements for the Recycled`•o
Materials after delivery to its location.
a
A. 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*
r
materials.
10. Contractor shall provide fifteen (16) days advance
not -ice, in writing, in the event of a.significant reduction in
its acceptance of White Goods and recyclable ferrous materials' r`
from the County. -
ARTICLE 5 �
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' �
J
DELIVERED. :..
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90-0149
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ARTICLE 6
PAYMENTS/REPORTS
Payment for materials delivered pursuant to this Agreement
will be due within fifteen (la) days of the end of 'the previous •�
month. 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 matesria. 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
s
may arise out of the acts or omissions of its officers, agents,
employees. contractors. subcontractors. licensees, or invite*$,
in the fulfillment of the Agreement. The Contractor shall pay'.,
8 90 L<
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
NOT ICE$
3
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Notices required or contemplated by this Agreement shall be
in writing. and shall be either personally served or sent via f
Certified Mail, return receipt requested, addressed to the
parties as follows:
a i
y
As to the County:
Dade County Department of Solid Waste Management
Attn: Director
6676 NW 63rd Street. Suite 201 e�
Miami. Florida 33166
Telephone (306) 692-1776
As to the Contractor:
Miami River Recycling/Atlas Iron. Joint Venture
Attn: Anthony Giordano. President
Miami River Recycling. Inc.
a
3700 N.W. North River Drive
Miami, Florida 33142
or to such other address as the parties may designate in writing.
in compliance with the above stated procedure.
ARTICLE ..0
LICENSES AND PERMITS:APPLICABLE LAWS
Contractor shall obtain, keep current. and pay for all,
licenses, permits and inspections required for fulfillment -of
i
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 .
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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.
ARTICLE 11
-- TERMINATION
Either Miami River Recycling/Atlas Iron. Joint Venture 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
SEVERA®ILITY
the validity of the remaining portion of the Agreement. provided
the material purposes of this Agreement can be determined and
effectuated.
ARTICLE 14 '
PRIOR AGREEMENTS SUPERSEDED: AMENDMENT
a
.This Agreement incorporates and includes all prior
negotiations. correspondence. conversations. agreements, and
understandings applicable to the matters contained heroin 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 be
predicated upon any prior representations or agreements whether
oral or written.
This Agreement may be modified, altered or amended only by'a
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
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herein. Any oral representations or modifications concerning
this Agreement shall be of no force and effect.
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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STATE OF FLORIDA )
) SS:
COUNTY OF DADE )
1, RICHARD F. BRINKER, Clerk of the Circuit Court in and for Dade County,
Florida, and Ex•Officio Clerk of the Board of County .Commissioners of said County,
DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of
Resotu',ion No. R-33-90 adopted by the said Board of County Commis-
sioners at its greeting held on January 16 Z9 90
IN WITNESS WHEREOF, f have hereunto set my hand and official seal on
this 18 day of January A. D. 19 90 .
RICHARD P. BRINKER, Ex-Officio Clerk -
Board of County Commissioners`
Dade County, Florida
By .
Deputy Clerk
3 COUNTY m
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Board of County Commissioners
Dade County, Ffotida
1
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO : Honorable Mayor and DATE : FEB 7 3990 FILE
Members of the City Commission SUBJECT:
Resolution for Sale of
Recyclable Materials:
Miami River/Atlas Iron
FROM : REFERENCES: Miami Recycling Program
Cesar H. Odi (Feb. 15,Comm. Meeting)
City Manager ErecLosuREs
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 River Recycling/Atlas
Iron, Joint Venture for the purchase of recyclable' ferrous
i materials and white goods under the same terms and conditions
stipulated in an existing contract by and between Metropolitan
Dade County and said contractor(s), a• copy of which is
incorporated herein by reference.
Background:
The 1968 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 'Taste will be implementing a residential
curbside recycling program during the month of February 1990 in
order to comply with State recycling Legislative mandates and
said grant agreement.
Miami River Recycling/Atlas Iron, Joint Venture 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 tha-t 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 River Recycling/Atlas Iron, Joint Venture
for the sale of recyclable ferrous materials and "white goods"
defined as discarded refrigerators, ranges, vater, heaters,
freezers, and other similar domestic and comserccial . large
appliances collected from "The City of Miami Recycles" curbside