COLLECT/PROCESS/MARKET RECYCLABLE MATERIALS
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INTERLOCAL AGREEMENT
THIS AGREEMENT, is made and entered into this II~ day of ~
1997, by and between the TOWN OF BELLEAIR, FLORIDA, (hereinafter referred to as
the "TOWN") and CITY OF CLEARWATER, FLORIDA, (hereinafter referred to as the
"CONTRACTOR").
WIT N E SSE T H:
WHEREAS, the TOWN desires to engage the CONTRACTOR to collect, process
and market recyclable materials pursuant to Bid No. 97-0534-01; and
WHEREAS, the CONTRACTOR is in the business of properly collecting,
processing and marketing recyclable materials, and was the successful bidder for Bid
No. 97-0534-01;
NOW, THEREFORE, in consideration of the sum of Ten ($10.00) Dollars and the
mutual promises and covenants set forth herein, and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties
hereto agree as follows:
1. General Scooe of this Aareement. The work to be done by
CONTRACTOR consists of furnishing all vehicles, tools, equipment, materials, supplies,
and labor as indicated to perform all work and services necessary to satisfactorily
collect, process and market recyclable materials produced within the TOWN and to
perform all other work or services incidental to the collection, processing and marketing
services in strict accordance with the terms and provisions of this Agreement.
2. Coordination of All Work. The TOWN shall assign its Director of Public
Works and Engineering to be the Project Manager for the TOWN. The CONTRACTOR
shall assign its Director of Solid Waste to be the Project Manager for the
CONTRACTOR.
3. Period of Service. The contract time for the collection, processing and
marketing of recyclable materials shall be for a five (5) year period commencing on
January 19, 1998, unless this Agreement is terminated pursuant to Paragraph 4(K) of
this Agreement. The contract shall extend for one (1) additional five (5) year period
unless either party gives the other party 60 days prior written notice if it intends not to
extend contract.
4. General Considerations.
A. In the performance of this contract, the CONTRACTOR binds
itself to the TOWN to comply fully with all provisions, undertakings and obligations set
forth in this Agreement, the Invitation to Bid, Instructions to Bidders, Bid Specifications,
Proposal, and all Addendum, which are incorporated herein by reference.
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B. Comoensation. The CONTRACTOR shall be compensated for all
services rendered under this Agreement in accordance with the fee schedule attached.
C. Attornev's Fees. In the event that either party employs an
attorney to enforce any portion of the Agreement, the prevailing party shall be entitled to
reimbursement from the losing party for all costs and expenses incurred or paid in so
doing. This entitlement includes, without limitation, all attorney's and paralegal fees and
costs, whether the matter is settled privately, by arbitration, or by legal action at the trial
court level and at any and all appellate court levels in all maters of enforcement,
construction and interpretation before, during and after suit, trial, post-trial and all
appellate proceedings, as well as appearances in and connected with any bankruptcy
proceedings or creditors' reorganization or similar bankruptcy proceedings.
D. Delavs and Damaaes. The CONTRACTOR agrees to commence
the work when directed by the Director of Public Works & Engineering and to diligently
and continuously prosecute work in a good and workmanlike manner, in accordance
with the Bid Specifications for the Residential Recycling Program. The CONTRACTOR
will load recyclable materials into the CONTRACTOR'S units. The CONTRACTOR
shall be responsible for any spillage, accidental or otherwise, which occurs within or
outside of the TOWN. Further, once the CONTRACTOR has loaded recyclable
materials into the CONTRACTOR'S units and the loaded units have been removed from
TOWN premises by the CONTRACTOR, the CONTRACTOR shall process and market
recyclable materials in accordance with all governing federal, state, county, and
municipal rules, regulations, ordinances, statutes and orders.
E. Insurance. The CONTRACTOR agrees to carry, at its expense,
insurance as set forth under the Bid Specifications for the Residential Recycling
Program.
F. Indemnification. The parties recognize that the CONTRACTOR is
an independent contractor, The CONTRACTOR agrees to indemnify, hold harmless
and defend the TOWN from and against all liability and expense, including reasonable
attorney's fees, in connection with any and all claims whatsoever for personal injuries or
property damage which in any way relate to the collection, processing and marketing of
recyclable materials, and which arise in whole or part out of the negligent act or
omission of the CONTRACTOR, its agents, officers, subcontractors or employees. This
includes claims made by the employees of the CONTRACTOR against the TOWN,
directly or indirectly. This paragraph shall in no way be constructed to constitute a
waiver by the TOWN or CONTRACTOR of sovereign immunity or the limitations of
liability of 768.28, Florida Statutes. This Agreement by the CONTRACTOR to
indemnify the TOWN includes, but is not limited to, indemnification for any costs and
expenses incurred by the TOWN as a result of any violation by CONTRACTOR, it
employees, agents, subcontractors or officers of any state or federal safety standards,
regulations, pronouncements, orders, permits, licenses, restrictions, injunctions or
moratoriums imposed or issued by any governmental agency or body having jurisdiction,
related to or in the performance of any part of this Agreement; CONTRACTOR does not
indemnify TOWN to the extent that TOWN, its elected officials, officials, officers or
employees or any other entity or person other than CONTRACTOR, its employees,
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agents, subcontractors, and offices, causes(s) in whole, directly or indirectly, any such
costs or expenses incurred by TOWN.
G. Notices. Any notice required or permitted to be given under this
Agreement shall be sufficient if in writing and sent by certified, return receipt requested
mail to the CONTRACTOR and the TOWN at their respective addresses set forth below:
TOWN MANAGER
TOWN OF BELLEAIR
901 Ponce de Leon Blvd.
Belleair, FL 33756
CITY MANAGER
CITY OF CLEARWATER
P. O. Box 4748
Clearwater, FL 33758
H. Waiver of Breach. A waiver by the CONTRACTOR or by the TOWN
of any breach of any provision of this Agreement by the other party shall not operate or
be construed as a waiver of any subsequent breach by such other party.
I. Aareement. This instrument, along with all bid documents, including
Bid Specifications for Bid No. 97-0534-01 Residential Recycling Program, the
Contractor's Bid, Vendor Questionnaire, Invitation to Bid, Addendum and Bid Response,
which are incorporated herein as if set forth in full and attached hereto, contains the
entire Agreement in writing signed by both parties. If one or more the provisions of this
Agreement shall be held to be invalid, illegal or unenforceable in any respect, the
validity, legality and enforceability of the remaining provisions shall not in any way be
affected or impaired.
J. Miscellaneous. The headings contained in this Agreement and in the
appended attachments are inserted for convenience or reference only and shall not be a
part or control or affect the meaning thereof. This Agreement may be executed in two
or more counterparts, each of which shall be deemed to be an original, but all of which
together shall constitute one and the same instrument. This Agreement shall create no
rights or claims whatsoever in any person or entity other than a party hereto.
K. Termination. This Agreement may be terminated by the TOWN with
or without cause, upon sixty (60) days written notice given to the CONTRACTOR.
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SIGNATURE PAGE FOR AGREEMENT BETWEEN
TOWN OF BELLEAIR and CITY OF CLEARWATER
IN WITNESS WHEREOF, the parties hereto have accepted, made and executed
this Agreement under the terms and conditions above stated on the day and year first
above written.
TOWN OF BELLEAIR
By: ?At( ~
t/ John Dolan, Mayor
Attest:
Countersigned:
CITY OF CLEARWATER, FLORIDA
By: ..h--
Michael J. Roberto
City Manager
-
Rit Garvey
Mayor-Commissioner
Approved as to form:
~-::
Assistant City Attorney
U-~
s:/AgreemenUBelleair Interlocal
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114 rom 1
..,. 1 of 2
ton or I~,..t., nolllDA
lID 10. "-o,,t-Ol
U.IDlftlAL UeJCLl10 .IlOGIlAII
W., the uDderdCJDed, hAY. re.d fOUl' ID.tructloDI to Sle1der., GeD.ral COnditionl, .Dd
ald .peclficatlonl aDd propo.. to col1~, proc... and aubt rRJclabl. utedall. All
exc.ptlon. to thl. bid have be.n documeDted la the ..ct1oa titled, -Remark./zxc.ptloD'-
(below) .
11111n9 terms. 'lease .tate any applicable di.couotl.
None; net 30
Monthly cut-off Date. Last calendar day of the month
aemark8/Exceptlonl' We have offered as an option the Radio Frequency Identification (RFID)
electronic data collection system for an additional $0.13 per residential household
neT month.
ftl. proposal Iluat be dgnecS bJ a penon aut.hodlecS to act for the cc.pany la hialber ow
DaM.
Robert M. Brumback,
~ ..... and TiU.
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Clearwater Solid Waste Department
Director of Solid Waste
10-2-97
Date
City. of
nar'
1701 N. Hercules Avenue, Clearwater, FL 33765
~... City, state, lip Code
(813) 462-6657
t'el.pboH lfUJDber
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unqualified. 2. AddltloMl........... _for t1earDIIDar. tIde__ eto.~)
oontIIIner:
20 oontlIIMr.
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oentw condon 30
MONTHLY cou.ecTION ~ft
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See Footnote (1)
PROCE88INO C08T8
ee ootnote
(1)
50/666.7'
Footnote (1)
City of Clearwater, Solid Waste Deparbnent Bid Response
Residential Curbside Service With Full RFID System
Our bid response on Bid Form 1, Page 2 of 2 does not Include equipping our collection vehicle with the full RFID system to collect participation/set
up data that would be done manually. If the ToWn of Belleair would like to achieve more complete participation/set out data based upon electronic
data collection, we would provide that option for $ 0.13 per household per month. This option would change the amounts as follows:
Vear1 Vear2 Vear 3 Vear4 Vear 5
Monthly Rate Monthly Rate Monthly Rate Monthly Rate Monthly Rate
1. Weekly residential curbaldelcurbsort
collection service $2,985.00 $3,060.00 $3,150.00 $3,240.00 $3,330.00
2. Additional residential rate for -
backdoor, sidedoor, etc. service. $19.90 $20.40 $21.00 $21.60 $22.20
SUBTOTAL, Monthly Collection Costs $4,374.20 $4,490.78 $4,623.68 $4,747.56 $4,882.74
TOTAl Monthly Bid Price $5,057.61 $5,188.24 $5,335.72 $5,474.71 $5,625.53
TOTAl Annualized Bid Cost $60,691.32 $62,258.88 $64,028.64 $65,696.52 $67,506.36
Estimated Net Cost $50,160.00 $51,758.88 $53,528.64 $55,196.52 $57,006.36
Footnote (2)
City of Clearwater, Solid Waste Deparbnent Bid Response
Estimated Credit for the Sale of Belleair's Recyclables - Year 1
estimated
Monthly Ton. Average Belleall'". Remainder Processing Price to Amount
Commodi~ Per Bid Market Price % Per Ton fa P~lTon Due Bellealr ...... '
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Newspaper (#8) 24.2 $35.00 75% $26.25 $13.50 $12.75 $308.55
Plastic 0.75 $100.00 60% $60.00 $18.00 $42.00 $31.50
Cardboard 0.83 $65.00 70% $45.50 $13.50 $32.00 $26.56
Office Paper 0.16 $50.00 50% $25.00 $0.00 $25.00 $4.00
Aluminum Cans 0.83 $1,000.00 100% $1,000.00 $400.00 $600.00 $498.00
Clear Glass 3.00 $30.00 10% $3.00 NJA $3.00 am
Estimated Monthly Total 5877.61
estimated Annual Total (x12) 510.531.32
RECEST .xL.S