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2020-192
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Last modified
3/5/2021 11:02:12 AM
Creation date
9/25/2020 1:31:34 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
09/15/2020
Control Number
2020-192
Agenda Item Number
15.B.2.
Entity Name
Republic Services of Florida, Limited Partnership
Subject
Recyclables Transfer and/or Disposal Procurement Agreement
Area
City of Palm Bay Recyclables
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5. Uelivery Procedures; Operation of the Landfill/Transfer Station: <br />(a) Reserved. <br />(b) Compliance with Applicable Laws. REPUBLIC shall deliver Loads of Acceptable Materials to the <br />Facility in compliance with all then -applicable federal, state and local laws, regulations, ordinances, <br />rules, permits, licenses, and governmental orders or directives (collectively "Applicable Laws"). <br />SWDD, or its designated representative, shall manage the Facility and handle all Acceptable <br />Materials and dispose of any Non -Conforming Materials delivered by REPUBLIC in accordance <br />with all Applicable Laws. <br />(c) Title to Loads. Title to, and risk of loss and responsibility for, Loads delivered to the Facility shall <br />never pass to SWDD or Indian River County. <br />G. Reserved <br />7. Disposal Fees and Payments: <br />(a) Fees. REPUBLIC shall pay SWDD a transfer fee (the "Transfer Station Fee") for all <br />Acceptable Material delivered to and accepted at the Facility. In addition to the Transfer Fee, <br />REPUBLIC shall pay a disposal fee (the "Disposal Fee") for all Non -Conforming Material and <br />such other fees as specified above, if any. The Indian River County Scalehouse shall be used <br />for the weighing of all Acceptable Material and Non -Conforming Material to determine the <br />total monthly quantity for billing purposes. Notwithstanding anything to the contrary set forth in <br />this Agreement or otherwise, the Transfer Fee, as well as any other amounts REPUBLIC is to <br />pay to SWDD hereunder, shall be increased every year using 100 percent change in the <br />Consumer Price Index (CPI), specifically, the Urban Consumers Index, published by the U.S. <br />Department of Labor, Bureau of Labor Statistics, for the Southern States. <br />(b) Payment. SWDD shall transmit an itemized invoice to REPUBLIC, in form and substance <br />satisfactory to REPUBLIC, of all Transfer Fees and Disposal Fees and other charges under this <br />Contract on a periodic basis as indicated above. REPUBLIC shall pay all invoices within the <br />time period indicated above. If REPUBLIC does not make payment within thirty days of such <br />date, REPUBLIC shall pay a late payment fee in an amount of 1.5% per month. REPUBLIC <br />may set off against any amounts owed under this Contract any amounts due REPUBLIC arising <br />under this Contract. <br />(c) Taxes. In addition to the Transfer Station Fee, Alternate Transfer Station Fee and Disposal Fee, <br />REPUBLIC shall pay all federal, state, local or other taxes, fees, surcharges or similar charges <br />related to the disposal of Acceptable Material that are imposed by law, ordinance, regulation, <br />agreement with a governmental authority, governmental audit or otherwise. <br />8. Insurance: During the term of this Agreement, REPUBLIC shall maintain the following insurance: <br />Workers' Compensation: Amount: <br />Coverage A Statutory <br />Coverage B — Employer's Liability $2,000,000 each Bodily Injury by Accident <br />$2,000,000 policy limit Bodily Injury by Disease <br />$2,000,000 each occurrence Bodily Injury by Disease <br />Automobile Liability: <br />Page 3ofJI <br />
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