HomeMy WebLinkAbout2017-128Agreement 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.
7. VENUE
This agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by
either party against the other party or otherwise arising out of this agreement shall be in Indian River
County, Florida, or in the event of federal jurisdiction, in the United States District Court for the Southern
District of Florida.
8. FACITLITY SERVICE LOCATIONS AND HOURS OF OPERATIONS
The Vendor shall provide collection of batteries at the following locations:
Indian River County Landfill
1325 74th Ave SW
Vero Beach, FL 32963
Open 7:00 am — 5:00 pm daily and closed on New Year's Day, July 4th, Labor Day, Thanksgiving
Day, and Christmas Day.
Roseland Customer Convenience Center
7860 130th St Roseland, FL 32958
Closed Tuesday and Wednesday
Winter Beach Customer Convenience Center
3955 65th St Vero Beach, FL 32967
Closed Tuesday and Wednesday
Gifford Customer Convenience Center
4901 41st St Vero Beach, FL 32967
Closed Tuesday and Wednesday
Oslo Customer Convenience Center
950 1st PI Vero Beach, FL 32962
Closed Wednesday and Thursday
Fellsmere Customer Convenience Center
12510 County Road 512 Fellsmere, FL 32948
Closed Wednesday and Thursday
Open 7:00 am - 6:00 pm. All Centers are closed on Wednesday, New Year's Day, July 4th,
Labor Day, Thanksgiving Day, and Christmas Day.
9. COLLECTION PROCEDURES
The Vendor shall provide collection of automotive, lawn and non -alkaline batteries from the above locations
during the 3rd week of each month during normal business hours; however, shall provide additional pick-up
at no cost to the SWDD if needed. The Vendor shall provide a written receipt of the total battery count at
each pick-up location. This information shall be summarized in a monthly report along with a payment for
the batteries. The payment shall be made out to "Indian River County SWDD".
IN WITNESS WHEREOF, the undersigned duly authorized representatives of the pa es have executed this
Agreement.
VENDOR
IN WITNESS WHEREOF, the parties have executed by their respective duly authorized officers as of the day and
year first writteri above.
Attest:
Jeffrey R, Smith, Clerk of Court and
Comptroller
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Deputy Clerk
By Owner:
Solid Waste Disposal District : .-
Indian Rver County,Florida : �'l
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Date Approved by SWDD: August 15, 2017
Approved as to Form and Legal Sufficienc By:
T, Reingold, County Attorney
5igned, se ed, and delivered in the presence By Vendor: St. Lucie Battery & Tire
of:
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