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HomeMy WebLinkAboutR-90-0150J-90429 2/7/90 RESOLUTION NO. 90-0150 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE EXECUTION OF A NON• -EXCLUSIVE AGREEMENT, IN SUBSTANTIALLY THE SAME FORM AS ATTACHED HERETO AND MADE PART HEREOF WITH DURBIN PAPER STOCK COMPANY FOR THE PURCHASE OF RECYCLABLE MATERIALS 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 DURBIN PAPER STOCK COMPANY, 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 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 403.70E (4) Florida Statute; and WHEREAS, Metropolitan Dade County issued a Request for Proposal entitled "Purchase of Recyclable Materials", and Durbin Paper Stock Company submitted a responsive proposal; and WHEREAS, Metropolitan Dade County pursuant to County Resolution No. R-33-90, executed a non-exclusive agreement with. Durbin Paper Stock Company for the purchase 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 Durbin Paper Stock Company, as third party beneficiaries to the contract by and between Metropolitan Dade County and Durbin Paper Stock Company; and WHEREAS, the City of Miami and Durbin Paper Stock Company are desirous of entering into an agreement for the purchase of recyclables collected from "The City of Miami-Rec and !s" Proaram:_ CITY COMMISSION MEETING OP FEB 15 1990 WHEREAS, the City Manager and the Director of the Department of Solid Waste recommend that the sale of recyclable materials to Durbin Paper Stock Company 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 Durbin Paper Stock Company under the same terms and conditions stipulated in the contract by and between Metropolitan Dade County and Durbin Paper Stock Company,.a copy of said contract being attached hereto 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--0150 ;;. PASSED AND ADOPTED this 15 IER L. SUAREZ, VOR ATTEST: aoem� TY HIRAI, CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: �OGL. FE4NXNbEZ CITY ATTORM ",r aIt 3 90-0150 NON-EXCLUSIVE AGREEMENT BETWEEN METROPOLITAN DADE COUNTY AND DURBIN PAPER STOCK COMPANY FOR THE PURCHASE OF RECYCLABLE MATERIALS THIS NON-EXCLUSIVE AGREEMENT is made and entered into this CIO day of 198Q at Miami, Dade County, Florida by and between iTROP:OL AN DADE COUNTY (hereinafter referred to as ' the "COUNTY"), and DURBIN PAPER STOCK COMPANY (hereinafter referred to as the "CONTRACTOR"). WITNESSFTH WHEREAS, the 1988 Solid Waste Management Act enacted by the Florida Legislature mandates a S0% 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, Durbin Paper -Stock Company submittod a responsive proposal, and the County and Durbin Paper Stock Company 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: Ll 1-1 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 execrated by the Director, Department of Solid Waste Management for• the County, And by the Vice President, Durbin Paper Stock Company 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 ar.y municipalities electing to participate in this Agreement. For purposes of apply: ARTICLE 2 DEFINITIONS this Agreement, the following terms shall Agreement,: This document. including any written amendments hereto and other written documents which are expressly incorporated herein by reference. Contractor: Durbin Paper Stock Company, including its employees, agents, representatives, partners and principals. Glass: Clean color -sorted glass bottles and containers. excluding broken glass, light bulbs, ceramics, stones, dirt, plate or window glass, heat resistant glass, or lead -based glass. 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 9.2 or s.6, Article bI.I 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, lose the tare weight of the vehicle. Newspaear: In addition to newprint, includes all glossy and other inserts included with the newspaper. 3 9() 0 Plastic: Mixed High -Density Polyethylene (HDPE) and Polyethylene Terephthalate (PET) only. 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. Tar_ a 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 4 p o ,_ Plastic: Mixed High -Density Polyethylene (HDPE) and Polyethylene Terephthalate (PET) only. . Public Agency: Other governmental agencies located in Dade —1 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. 'j 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. —, ;i =i Ton: Two thousand (2,000) pounds. :4 ARTICLE 3 SOURCE OF RECYCLABLE MATERIALS Recyclabla materials may be provided from a number of County and municipal recycling programs within Dada County. THE COUNTY i MAKES NO GUARANTEE OF QUANTITIES OF MATERIALS TO RE 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 t 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 - i provided by this Agreement shall do.so by specific reference to this agreement in their contract with the Contractor,.and-.shall �i thereby agree to be bound by the same terms and provisions .as contained herein. _- �t -'' 2. Contractor shall provide (a) location(s) in Dada County ' =' to which the recyclable materials will be delivered, as well'as'a -� �i state-�certified.truck scale for determining the - g 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). 5. --�:.sY`Rr't; rss a>.i.rs„�...-.`, -,-r _,.. ,y ,,.� .., r .. . ., ..:.;. ,......, . -. `'s +i t* .. ..1�..e. .., .�.,. -.- -, v.-t. ....._... t-t •.r.-.i e.a+w-...-_nmTsnwryw. a..+.mr S...L--�". El P 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 an explanation of the rejection. on the transaction ticket. with .4. Contractor's books and records as they relate to this Agreement must be made available for inspection and audit by the County without notices. 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 _i County shall at all times retain the right to perform unannounced %1 spot checks, and to require the Contractor to re -weigh any truck, and shall exercise those rights at the County's sole discretion. 5. 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. Newspaper: 100% of the scale price set monthly by Southeast Recycling Corporation and communicated to Durbin monthly by purchase order. Price is set on the second Monday of each: 901WWO iso. -.id Xti..W.4..+i ..,�... .ice .. _�.m.�...,.. ..,._�.<. x • •.a^ nr5+.c•�• v*^.. _..,. „_ v...f-S ^•"..(.... .. 2. . sy y."r F • .ry i .:14-r y .d.m.. . .yr�.HY,�l'. 0 month and is the effective price for that month. Aluminum Cans. Price for each month is two cents (S.02) per pound below the average of the high and low price for that month for loose, flat aluminum used beverage cdntainers. as •• published by ALCOA Aluminum. Plastic (HDPE'and PET): price for each month is 20% of the average of the high and low prices for that month for mixed HDPE and PET for the Southern Region as published in Recycling Times. Glass: One cent ($.01) per pound below Owens-Brockways recommended price to the public at buy-back centers. Price shall be set on the first day of each month, and shall remain fixed for that month. 4 i t 6. All materials intended for purchase and sale. pursuant to.this Agreement shall be delivered to the Contractor's location Y at 2303 N.W. 70th Ave, Miami. Florida, between the Hours of 7:30 A.M. and 3:30 P.M. Monday through Friday. and 7:00 A.M. to 11:00 A.M. on Saturday. or other hours as mutually agreed upon. 7. Contractor shall, at, it sole expense, provide all labor and equipment to perform its duties hereunder. 7 1,50 rvcw.,. < .M .•:,, -. . ,,. ,._. .... _ .. , a-....::, .. ....» . .-. :,-._c.... ... .:.: .. ... ... • . . - - ,.,,... ., n . ",p•. .. - . 'F+,m.;•..,..t.':S'`e1..,k�t S"_...y.yt.a. i'.�k4i".S_ .;Y+�hi a. 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 (16) days advance notice. in writing, in the event of a significant reduction in its acceptance of recyclable materials from the County. ARTICLE 6 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. ARTICLE 8 PAYMENTS/REPORTS Payment for materials delivered pursuant to this Agreement 0 will be due within fifteen ( 16 ) ays of the and 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 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, 6) type.of material. 6) price per ton for each material type, 7) -71 - 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, licensees, or invitees, in the fulfillment of the Agreement. The Contractor shall pay all claims and losses of any nature whatever in connection therewith, and shall defend all suits. in the name of the County j when applicable. and shall pay all costs and judgements which may issue thereon. ARTICLE S INDEPENDENT CONTRACTOR .1 Nothing herein shell 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: D As to the County: Dade County Department of Solid Waste Management Attn: Director 8676 NW 63rd Street, Suite 201 ' Miami. Florida 33166 Telephone (306) 692-1776 As to the Contractor: Durbin Paper Stock Company Attn: Victor Storelli, Vice -President 2303 N.W. 70 Ave Miami, Florida 33122 or to such other address as the parties may designate in writing, in compliance with the above stated procedure. ARTICLE 10 LICENSES AND PERMIT'S:APPLICABLE LAWS Contractor shall obtain. keep current. and pay for all 4 i licenses, permits and inspections required for fulfillment of this Agreement, and shall comply with all applicable laws, ordinances, and regulations. Damages, penalties, and/or fi'n`eu 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. ARTICLE 11 TERMINATION Either Durbin Paper Stock Compsny 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 1 = This Agreement shall be governed by 'and construed inZZI - 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 A, The invalidity of one or -more of the phrases, sentences; _ clauses, or Sections contained in this Agreement shall not affect - (5 ." 12 r 900,70 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 than 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. =5 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 13 - i _ 1 i f 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. �T f( 5 f i} `;r E: 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. DADE COUNTY, FLORIDA BY ITS j BOARD OF COUNTY COMMISSIONERS j, By I County Manager Attest: f O+ puty Clerk •':t� ?'^ DURBIN PAPER STOCK COMPANY •+•.... Vice -Presiders" Attest: Secretary ' 9 a c Approved by County Attorney as to form and legal sufficiency. ,i t L]. El m RESOLUTION NO. R-33-90 Agenda Item No. 5(e)(18) 1-16-90 RESOLUTION APPROVING WAIVER OF FORMAL BID PROCEDURES AND PROVISIONS OF ADMINISTRATIVE. ORDER 3-2 AND . AUTHORIZING EXECUTION OF NON-EXCLUSIVE' AGREEMENT WITH DURBIN PAPER STOCK COMPANY FOR THE PURCHASE OF RECYCLABLE MATERIALS FROM DADE COUNTY; AND AUTHORIZING THE . COUNTY MANAGER ITO ' EXERCISE THE TERMINATION 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'.HE BOARD OF COUNTY COM14ISSIONERS OF DADE COUNTY, FLORIDA, that.this Board finds it in the best interest of the County to waive -formal bid procediires' in connection with the purchase of recyclable materials from Dade Caurity,,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 Board members present; this Board further waives the provisions of Administrative Order 3-2 relating to the acquisi- tion of or services; this Board approves the Non-exclusive Agreement between Dade County and Durbin Paper Stock Company for the purchase of recyclable newspaper, aluminum cans, plastics, and glass materials from Dade County; in substantially the form e attached hereto and made a part hereof; and authorizes the County Manager to exercise the termination and renewal provisions contained therein. '90--oiso { 9 Agenda Item No. 5•(e) (18) Page 2 The foregoing resolution was offered by Commissioner Barabara 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, 'i DADE COUNTY, FLORIDA BY ITS BOARD OF ; COUNTY COMMISSIONERS RICHARD P. BRINKER, CLERK Approved by County Attorney as to BY. form and legal sufficiency. A Deputy Clerk. 0 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 beexecuted by the Director. Department of Solid Waate Management for- the County, and by the Vice President, Durbin Paper Stock Company for z 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 ar.y municipalities electing to participate in this Agreement. ARTICLE 2 DEFINITIONS *' For purposes of this Agreement. tho following terms shall apply: Agreement: This document. including any written amendments . hereto and other written documents which are expressly incorporated herein by reference. e ; County: Metropolitan Dade County. a political subdivision: of the State of Florida. 2 0 Contractor: Durbin Paper Stock Company, including its employees, agents, representatives, partners and principals. Glass: Clean color -sorted glass bottles and containers, excluding broken glass, light bulbs, ceramics. stones, dirt, plate or window glass, heat resistant glass. or lead -based glass. Gross Weitaht: 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 VILI of the State Constitution, and when 9.403.706(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. lose the tare weight of the' vehicle. News: In addition to newprint, includes all glossy and other inserts included with the newspaper. Plastic: Mixed High -Density Polyethylene (HDPE) and Polyethylene Terephthalate (PET) only. Public Agency: Other governmental agencies located in Dade County that would otherwise be required to acquire services through established governmental procurement processes. } E. s Sub contrac, tort Person or persons who are performing any part of the scope of Contractor's responsibilities, as provided for herein, othor than the Contractor. Tire Weicht: Vehicle weight when not carrying any materiala. F Tare weight shall be determined as the truck'is leaving the i location, after all recyclable materials have been unloaded. Ton:Two thousand (2,000) pounds: .r.-. a: 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 CAJANT I T I ES OF MATERIALS Ta BE DELIVERED TO , THE CONTRACTOR. All provisions of this Agreement as they apply :: }r L1"�}Y___ •.. ,... ..,.. e. i - .. .: .. ,..-...-...r.._. - zzr.. .._. a ..o_ _ . .: ..... ,. -... .. .... ........+... ::.zs.._....__....fA`b".. <. to the County shall apply to any Municipality electing to participate. ARTICLE d 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 f 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 4 . 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 reject -ad 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 tore-weigh any truck,' and shall exercise those rights at the County's sole discretion. 5. . Contractor will provide payment to the County for all Recyclable Materials received from the County at Contractor's location pursuant to this Agreement. RecyclableMaterials delivered by- the County shall be limited to the materiatla specified below, and prices paid by the Contractor to the' County shall be as specified. 0 Newspaper: 100% of the scale price set monthly by Southeast Recycling Corporation and communicated to 0.urbin monthly by purchase order. Price is not on the second Monday of each 1.1 ive price for that month. or each month is two cents (S.02) per of the high and low price.for that .6rv14%.n $ V( 4wunw, 7 as -L aluminum used beverage containers as � published by ALCOA Aluminum. Plastic (HOPE and PET): Price for each month is 20% of the average of the high and low prices for that month for mixed H©PE and PET for the Southern Region as published in Recycling Times. Glass: One cent ($.01) per pound below Owens-Brockways recommended price to the public at buy-back centers. Price shall be set on the first day of each month, and shall remain fixed for that month. 6. All materials intended for purchase and sale pursuant to this Agreement shall be delivered to the Contractor's location at 2303 N.W. 70th Ave, Miami, Florida, between the Hours of 7:30 A.M. and 3:30 P.M. Monday through Friday. and 7:00 A.M. to 11:00 A.M. on Saturday. or other hours as mutually agreed upon. 7. Contractor shall, at it" sole expense. provide all labor and equipment to perform its duties 0150 7 ..r ... . .' ... a .. _ '... .. T- • • —e... �... a ..�.�. r..: r 1.0 ki 0 S. Contractor shall assume full responsibility for, transportation and marketing arrangements for the Recycled Materials after delivery to its location. g. 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 recyclable 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 OUANTITIES OF ACCEPTABLE RECYCLABLE MATERIALS TO BE DELIVERED. ARTICLE 6 PAYMENTS/REPORTS Payment for materials delivered pursuant to this Agreement � .ISO 0 will be due within fifteen (15) ays of the and 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 County (or municipality or Public Agency, as appropriate) pursuant to this Agreement. Detail shrill include. at a minimum: 1) gross vehicle weight, 2) vehicle tare weight. 3) net recyclablti material weight, 4) date and time of transaction, =� 5) type of material, 6) price per ton for each material type. 7) _3 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, licensees, or invitees, in the fulfillment of the Agreement. The Contractor shall 4ay all claims and losses of any nature whatever in connection therewith, and shall defend all suits. in the name of the County 90-01!iQ 8 r E. - 0 when applicable, and shall'pay.all costs and judgements which may issue thereon. ARTICLE 8 ' INOEPENOENT 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: 0 As to the County: Dade County Department of Solid Waste Management Attn: Director 8676 NW 63rd Street, Suite 201 ' Miami, Florida 33166 Telephone (305) 692-1776 •� As to the Contractor: Durbin Paper Stock Company Attn: Victor Storelli, Vice -President 2303 N.W. 70 Ave Miami, Florida 33122 i or to such other addr039 as the parties may designate in writing, in compliance with the above stated procedure. ARTICLE 10 i 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 11 Ilk 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 Durbin Paper Stock Company or the County may cancel. this'Agroement, without cause and without liability,,by providing. thirty (30) days written notice of cancellation.to the other_, parties. ARTICLE 12 GOVERNING LAWNAND 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 shali.,not ,affect 0 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. 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. - i ARTICLE 16 ENTIRE AGREEMENT r � e This Agreement and the Exhibits attached hereto contain the entire Agreement between the parties as to matters contained -' —00-Z' j 13 11 herein. Any oral representations or modifications concerning this Agreement shall be of no force and effect. ARTICLE 17 HEADINGS i STATE OF FLORIDA ) SS: COUNTY OF DADE ) I, RICHARD P. BRINKER, CIerk of the Circui. 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 Resolution No. R-33-96 , adopted by the said Board of County Commis- -- : sioners at its meeting held on January 16 19 90 IN WITNESS WHEREON, I have hereunto Bel my hand and official seal on this 18 day of January & D. 19 90 COUNTY tj • • iO� • i R RICHARD P. BRINKER, Ex-Officio Clerk - Board of County Commissioners Dade County, Florida By Deputy Clerk Board of County Commissioners K] CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO : Honorable Mayor and Members of the City Commission FROM : M Cesar H. Odio City Manager Recommendation: DATE : FILE FEB r- 7 1990 SUBJECT Resolution for Sale of Recyclable Materials: Durbin Paper Stock Co. REFERENCES: Miami Recycling Program ENCLOSURES: (Feb. 1 5, Comm. Meeting) It is respectfully recommended that the City Commission approve the attached resolution authorizing the City Manager to enter into. a non-exclusive agreement with Durbin Paper Stock Company 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 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. Durbin Paper Stock Company 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 Durbin Paper Stock Company for the sale of recyclable materials including newspapers, glass, aluminum cans, and plastics collected from "The City of Miami Recycles" curbside residential recycling program. 0 1