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Home My WebLink About2000-252C ,�g234 PURCHASE AGREEMENT This agreement, made as of the 1st day of September 2000, by and between Paper Stock Dealers, Inc., 1417 Atlanta Avenue, Orlando, Florida, hereinafter called "Buyer" and Indian River County Solid Waste Disposal liistrict, 1325 SW 74th Avenue, Vero Beach, Florida, hereinafter called the "Seller." Buyer desires to purchase from the Seller, and the Seller desires to sell to Buyer recyclable materials hereinafter called "corrugated cardboard." IT IS AGREED AS FOLLOWS; 1. Quantity - The Seller agrees to sell to Buyer and Buyer agrees to purchase from the Seller all corrugated cardboard of the quality hereinafter specified, generated by the Seller. A ton will consist of 2,000 pounds. 2. Quality - The corrugated cardboard shall meet specifications for clean waste corrugated cardboard boxes of Grade PS 93 #11: this Grade consists of baled corrugated cardboard containers having liners of either test liner, jute or kraft. Total outthrows (other paper categories) may not exceed 5%. 3. Term - the term of this agreement shall be for a period of 1 year from the date of the signature of the SWDD board chairman. 4. Price - the price to be paid by the Buyer per ton of corrugated cardboard shall be the sum of the following components: a. Price shall be per ton picked by the Buyer, at the Buyer's expense with die Buyer's vehicles, at the seller above specified location. b. Price for corrugated cardboard (f.o.b. Seller's dock for Grade 11 Corrugated) sold hereinunder shall be the High Yellow, first weekly edition of the month of the Official Board Market (Yellow Sheet), Southeastern market price for medium density bales (approximately 1,000 pounds) per trailer load. c. Payment shall be made to the Seller no later than the 26th day of every month for the corrugated cardboard purchase for the preceding month. d. Payment will be based on weights shown in the Seller's weight tickets generated by its scales. Copies of said weight tickets shall be submitted Willi the monthly check. In the event any of all corrugated cardboards aces to have a market for a period of 30 days, the Buyer will have the option of disposing of said recyclable at its own expense, and MUST inform the Seller thereof. 40 0 5. Insurance - The Seller and Buyer shall maintain all workman's compensation insurance required under all applicable workman's compensation acts. The Seller is protected through 768.28, Florida Statues, as a self-insured public entity. Prior to any transactions relating to this agreement being initiated, Buyer shall be required to show proof of insurance coverage to satisfaction of the Seller as described under terms of the Indian River County Administrative Policy Manual No. AM -1000.6: Insurance Requirements a. Worker's Compensation - to meet statutory limits incompliance with the Workers' Compensation Law of Florida: This policy must include employers liability with a limit of $ 100,000 for each accident, $500,000 policy limit for disease, and $100,000 disease limit for each employee. b. Commercial General Liability - coverage shall provide minimum limits of liability of $1 million perroccurrence Combined- Single Limit for Bodily Injury and Property Damage. This shall include coverage for: premises and operations; products and completed operations; contractual liability; and independent contractors. c. Business Auto Liability - coverage shall provide minimum limits of liability of $1 million per occurrence Combined Single limit for Bodily Injury and Property Damage. 'Phis shall include coverage for owned autos, hired auto and non -owned autos. Termination of insurance shall be grounds for immediate cancellation of the contract. 6. Assignment and delegation - No right under this agreement shall be assigned and no duties imposed by this agreement shall be delegated by either party without prior written approval of the other party. 7. Notices - Any notices required to be given hereunder or which either party may desire to give to the other. except as otherwise specified, shall be in writing to the addresses specified above. Such notice may be given by mailing the same by U.S. Mail postage paid. 8. General Conditions: a. No waiver or any breach of the covenants, agreements, obligations or conditions of this agreement, to be kept or performed by either party hereto, shall be construed to be a waiver of any succeeding breach of the same or any other covenant agreement, obligation, condition or provision hereof. b. The Seller reserves the right to terminate the contract with 30 days' notice. The Seller shall not be responsible for the payment of any commissions in relation to the subject matter of this agreement. c. This agreement shall be construed according to the laws of Florida. d. Neither Party shall be responsible for any resulting loss if the fulfillment of any terns of this agreement is delayed or prevented by revolutions, insurrections, riots, wars, acts of enemies, national emergency, strikes, floods, fires, act of God or by any other cause not within the control of the party whose performance is interfered with, which by the exercise of responsible diligence such party is unable to prevent, whether of the class of causes listed above or not. IN WITNESS WHEREOF, DISTRICT AND CONTRACTOR have entered into this agreement on the date first written above. Attest INDIAN RIVER COUNTY FLORIDA Jeff " K'. Sarton, SOLID WASTE DISPOSAL DISTRICT Clerk•of,Cii6uit Court By 0 7typu,- C k Fran B. Adams, Chairman C- Date of Signature: September 21, 2000 Approved by BCC August 15, 2000 IN WITNESS OF: i 1\ risol Gomez A ministrative Assistant County Attorney Approved as to Form and Legal Sufficiency PAPER STOCK DEALERS, INC. By -- Authorized Representative iagi6S E. Chandl unty Administrator