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Agreement for Recycling of Batteries THIS AGREEMENT made and entered into this 15th day of Tin, ist , 2017 , by and between Indian River County Solid Waste Disposal District (SWDD), a dependent special district of Indian River County, Florida, a political subdivision of the State of Florida, whose address is c/o Indian River County Utilities Department, 1801 27th St. Vero Beach, FL and St. Lucie Battery & Tire (Vendor) whose address is 5500 Orange Avenue, Fort Pierce, FL 34947. WITNESSED: That whereas, the SWDD and the Vendor agree as set forth below: 1. BASIC AGREEMENT It is hereby agreed that Vendor is granted the exclusive right to collect and recycle automotive batteries, lawn batteries and smaller non -alkaline batteries received by SWDD from the public at the Indian River County Landfill and at any of the five Customer Convenience Centers (Fellsmere, Roseland, Winter Beach, Gifford and Oslo). 2. PAYMENT TO COUNTY As set forth in their proposal, and indicated on monthly itemized collection report which will be submitted to the SWDD no later than the fifth day of each calendar month, Vendor will provide the following compensation to the SWDD in return for the ability to have this exclusive service: $5.50 per automotive batteries / $3.00 per lawn battery and / $0.00 for all non -alkaline batteries The Vendor has agreed to provide the above prices on a guaranteed basis for the next two (2) years. Thereafter, the Vendor and SWDD shall negotiate adjustment to the above prices and update this agreement, as needed. 3. TERM OF AGREEMENT This Agreement shall be in effect for a term of twelve (12) months starting on September 1, 2017. The SWDD retains the right to automatically renew this Agreement with the consent of Vendor, under the same terms and conditions, for two additional twelve (12) month terms. Additional terms and/or services may be added to this Agreement upon satisfactory negotiation of terms between the SWDD and Vendor. Vendor must receive written notification from the SWDD to cancel no less than 60 days prior to the end of the initial term. 4. TERMINATION The parties agree that this agreement may be cancelled by either party with 30 days written notice. 5. LIABILITY INSURANCE AND INDEMNIFICATION Vendor shall name the SWDD as an additional insured party under its commercial general liability insurance policy and supply the SWDD with proof of insurance. Vendor shall indemnify and hold harmless the SWDD from all suits, actions or claims including reasonable attorney's fees, of any character brought on account of any injuries or damages received or sustained by any person, persons, or property by or from the use of the machine or by or in consequence of any liability losses, misconduct or negligent act or omission of Vendor its agents or employees in connection with the operation of the machine. 6. ASSIGNMENT OF AGREEMENT Assignment of this agreement is not allowed.