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HomeMy WebLinkAbout2003-250 0 � ,4 � a Consolidated Resource Recovery , Inc ("CRR") , a Florida corporation as Contractor under that certain contract for Yard/Wood Waste Processing dated October 2 , 1997 and subsequent amendment dated July 30 , 2002 with City of St. Cloud , Florida as such contract has been extended pursuant to its terms ("Contract" ) hereby represents and warrants to Indian River County Solid Waste Disposal District, a dependent special district of Indian River County , Florida (" SWDD ") that : 1 ) the Contract is attached hereto as Exhibit 1 and incorporated herein by this reference ; 2 ) Contractor will perform the services set forth in Exhibit 2 attached hereto and incorporated herein by this reference for SWDD under all of the terms and conditions of the Contract ; 3 ) All references to City of St. Cloud , Florida in the Contract shall be deemed to mean SWDD ; 4 ) Contractor will submit payment invoice(s) to SWDD , in form satisfactory to SWDD ; and 5 ) SWDD will be named as an additional insured on all of the types of insurance set forth in the Contract . Date : 9 bc 3 CONSOLIDATED RESOURCE RECOVERY , INC By: �. .Title : �r � � �. � /�a07 Accepted by INDIAN RIVER COUNTY Date : September 16 , 2003 SOLID WASTE DISPOSAL DISTRICT By: , VJQe6neeth R . Macht Title : Chairman , Solid Waste Disposal District Board A ved : James E . Ch6ndler, County Administrator Approved as to for d le sufficiency: 0 AUG . - 2 � ' 03 � �rI0V ) 11 X08 CGNSOLIDATED RES (1L� R TEL � 941 1 � 6 8 ' 89 P . 905 EXHIBIT 1 WOOD WASTE SERVICES AGREEMENT This Agreement is made and entered into this JO �k day of SAw btr 1997 , by and between the CITY OF ST, CLOUD , 1300 Ninth St . , St . Cloud , FL 34769 , hereinafter called CITY ; and CONSOLIDATED RESOURCE RECOVERY, INC . , a Delaware Corporation , with its offices located at 6728 33rd Street East , Sarasota , FL 342434128 , hereinafter called the CONTRACTOR . WITNESSETH THAT: In consideration of the mutual covenants and provisions contained herein , the parties hereto agree as follows . 1 . The CONTRACTOR shall provide to the CITY the labor, services , materials and all appurtenances thereto per the requirements set forth in : Osceola County RFP # 96 -063 , YARD/WOOD WASTE PROCESSING , 2 . The CONTRACTOR shall furnish , at his own cost and expense , all equipment, tools , materials and labor of every description necessary to carry out and complete said service/work in a good , firm , substantial and workmanlike manner described in the statement of work submitted by CONTRACTOR and included in this Agreement as Exhibit A. 3 , This Agreement shall be in effect for the period beginning upon the execution of this Agreement, and ending September 30 , 2002 , The CONTRACTOR shall commence performances of service/work required hereunder within 15 days of the said beginning date unless otherwise stated herein or upon mutual consent of the CITY and the CONTRACTOR. This Agreement may be renewed each year, up to five ( 5) years , upon the mutual consent of the CITY and the CONTRACTOR . 4 . The CITY shall pay the CONTRACTOR based upon the number of tons removed from the Landfill site , as described in Exhibit A. The CITY shall maintain scale weights of all outgoing material processed and removed by the CONTRACTOR under this Agreement, and the weight of all material processed and used by residents or used by the CITY, as defined in Exhibit A. The CITY shall provide to the CONTRACTOR within five ( 5) working days after the end of each calendar month , a written , verifiable record of such weights , for all material measured during the previous calendar month . The CONTRACTOR shall submit an invoice to the CITY based on this record , with any adjustments mutually agreed upon by the CONTRACTOR and the CITY. 5 . The CITY shall pay and the CONTRACTOR shall accept as full compensation for all services/work done and materials furnished ; for all cost and expenses incurred or growing out of the nature of the services/work, or from any unforeseen obstruction or difficulties encountered In the prosecution of the services/work; and for well and faithfully completing the Service , the whole thereof, therein provided . The CITY shall pay the sum of Fourteen Dollars and twenty-five cents ($ 14 , 26) per ton of yard waste material processed and removed from the CITY solid waste facility, less any adjustments as defined in The Statement of Work in Exhibit A and as measured by the CITY and verified by the CONTRACTOR per Paragraph 4 above . Payment will be made no more than once per month . Payment is due within thirty days ' receipt of the invoice from the CONTRACTOR. Wood Waste Services Agreement Mage 1 of 5 stcloud2 AW , - 25 ' 03 ( MON ) t1 : 09 CONSOLIDATED RESOUR TEL : 941 758 8789 P 006 All amounts that are past due from the CITY shall accrue a late penalty fee equal to a rate of 1 - 1 /2 % per month . 6 . On January 1 of each year, beginning in 1998 , the base price shall be adjusted based on the percentage of net change , during the previous calendar year, in the Consumer's Price Index for the Central Florida Region . 7 . Any changes in the services provided shall be agreed upon by both the CITY and the CONTRACTOR and shall be covered by a Modification Agreement stipulating the increase or decrease in the Contract Amount , 8 . The CONTRACTOR shall indemnify , hold harmless , and defend the CITY and their agents and employees and anyone directly or indirectly employed by either of them , from and against any and all liabilities , losses , claims , damages , demands , expenses or actions , either at law or in equity , including court cost and attorneys ' fees , that may be made or brought by anyone on account of personal injury , property damage , loss of monies , or other loss , to the extent caused or incurred , as a result of any negligent, fraud or defalcation by the CONTRACTOR, or anyone performing any act required of the CONTRACTOR in connection with performance of the Contract awarded pursuant to this Request for Proposal . 9. The CITY shall indemnify, hold harmless , and defend the CONTRACTOR, their agents and employees and anyone directly or indirectly employed by either of them , from and against any and all liabilities , losses , claims , damages , demands , expenses or actions , either at law or in equity, including court cost and attorneys' fees , that may be made or brought by anyone on account of personal injury, property damage , loss of monies , or other loss , to the extent caused or incurred , as a result of any negligent , fraud or defalcation by the CITY, or anyone performing any act required of the CITY in connection with performance of the Contract awarded pursuant to this Request for Proposal . 10 . During the performance of this Agreement , the CONTRACTOR herein assures the CITY that said CONTRACTOR is in compliance with Title VII of the 1964 Civil Rights Act, as amended , and the Florida Civil Rights Act of 1992 in that the CONTRACTOR does not on the grounds of race , color, national origin , religion , sex, age, handicap or marital status , discriminate in any form or manner against said CONTRACTOR 'S employees or applicants for employment . The CONTRACTOR understands and agrees that this Agreement is conditioned upon the veracity of this Statement of Assurance. Furthermore , the CONTRACTOR herein assures the CITY that said CONTRACTOR will comply with Title VI of the Civil Rights Act of 1964 when Federal grant (s) is/are involved . Other applicable Federal and State laws , executive orders and regulations prohibiting the type of discrimination as hereinabove delineated are included by this reference thereto . This Statement of Assurance shall be interpreted to include Vietnam Era Veterans and Disabled Veterans within its protective range of applicability. 11 . This Agreement shall be contingent upon the CONTRACTOR furnishing the CITY , when required , a Certificate of Insurance , within ten ( 10) days after the date of execution of this Agreement. 12 , This Agreement may only be amended or modified by a written instrument executed by the CITY and the CONTRACTOR. 13 . Unless otherwise specified , this Agreement shall be governed by the laws , rules , and regulations of Florida , or the laws , rules , and regulations of the United States when providing services funded by the United States government and venue shall be in the CITY OF ST, CLOUD , Florida . 14 . Unless the CONTRACTOR'S breach is waived the CITY may , upon the giving of 30 days written notice , terminate this Agreement for said breach . Waiver of a breach of any Wood Waste Services Agreement Page 2 of 5 stcloud2 ALG . - 25 ' 03 010N ) 11 : 09 UNSOLIDATED RESOUR TEL ; 941 158 8189 P 001 provision of this Agreement shall not be deemed to be a waiver of any other breach , nor shall it be construed to be a modification of the Agreement . The aforesaid termination notice shall be considered received by the CONTRACTOR and the CITY if delivered in person with written proof thereof, or when deposited in the U . S. Mail , in a prepaid wrapper marked certified , return receipt requested . 15 . Notice - Any notice required by this Agreement shall be given to the following representatives of the parties : CITY: CONTRACTOR : Dee Steverson , Marketing Manager Consolidated Resource Recovery , Inc. 6728 33'd Street East Sarasota , FL 34243-4128 (941 ) 756-0977 extension 222 15 , THE FOREGOING CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE SUBJECT MATTER CONTAINED HEREIN . IN WITNESS WHEREOF , the parties hereto have caused this Agreement to be executed below by their duly authorized representatives . ATTEST : CITY OF ST, CLOUD , FLORIDA BY: a/ 242 / BY . MANAGE M OR ATTEST. CONSOLIDATED RESOURCE RECOVERY , INC . BY: SEAL WITN S AUTHORIZED CORPORATE OFFICER 1 O . 2 • '� `� ���� /f . (_u.Jh Own DATE PRINTED NAME OF SIGNER �f- TITLE Wood Waste Services Agreement Page 3 of 5 stcloud2 Al1G , - 251 03 ( MON ) I I : 10 CONSOLIDATED RESOUR TEL : 941 75B 8789 P 008 EXHIBIT A STATEMENT OF WORK e A. After the execution of this Agreement, CRR shall enter the premise and begin to process the existing stockpile of yard and wood waste . B . On an as-needed basis , CRR shall provide the equipment, personnel , and expertise necessary to process and recycle the incoming yard waste. CRR shall mobilize and enter the site to process when the CITY notifies CRR that at least 2, 500 tons have been received , are stockpiled and ready for processing . A maximum amount of 5, 000 tons per year shall be processed under this agreement. Cr CRR will load and process all yard waste using equipment normal to the industry. CRR will be responsible for operating all materials necessary for this task, including labor, equipment , and all supplies . D . CRR will remove from the yard waste materials , which in the opinion of CRR are non-wood in nature and/or cannot be effectively processed . These items will be accepted by the CITY in containers provided by the CITY , and disposed of at no charge to CRR . The weight of these materials will not be included in determining the amount of tons processed by CRR . E . CRR will load all accepted processed materials into vehicles for transport to markets or end - uses . The CITY shall weigh all such material leaving the facility; if the scale at the facility cannot accommodate the trucks being used for transport , then an alternative method to determine accurate weights shall be mutually agreed upon by both the CITY and CRR . F. CRR shall perform all tasks in a safe and efficient manner, and comply with all applicable rules and regulations . G . CRR shall be responsible for the disposition of all products produced from these activities , Methods may include , but are not limited to , the following ; 1 ) Soil , Fuel , and Mulch Products- CRR may maintain a 60-day inventory of such material on the CITY property , and will remove such products to markets and end - users . CRR will not invoice the CITY for any material that has not left the facility as in Item E . 2 ) CRR will make available to the CITY an amount of processed mulch for the use by the CITY and its residents . For this purpose , processed mulch is yard waste material that has been processed through a tub grinder or other similar equipment. The material provided to the CITY under this provision shall be included in determining the volume of material processed by CRR . The CITY shall notify CRR at the beginning of each month , during the term of the Agreement, the approximate amount of mulch it desires from CRR . However, the CITY is not required to accept any volume of mulch under this provision . 3 ) CRR can produce a ground cover material that is suitable for daily cover within the guidelines of the Florida Statutes (i . e . , at least 50 % soil by weight and uniform small particle size ) , and will make this available to the CITY_ However, the CITY is not required to use this material under this scope of work. If the CITY elects to utilize this material at the facility , and/or for every ton of mulch accepted under Section G . 2 ) above , CRR will credit the CITY the sum of $ 3 . 50 per ton for every ton accepted for use by the CITY. However, any material accepted for use by the CITY shall be included in determining the volume processed by CRR . For example , if the Wood Waste Services Agreement Page 4 of 5 stcloud2 AiG , - 25 ' 13 ( MON ) 11 : 11 CONSOLIDATED RESOUR TEL : 941 758 8189 P 109 CITY uses 2000 tons of material in one month as mulch or a substitute for other cover materials, then CRR shall apply a credit of 2000 X $3 . 50 = $7, 000 .. 00 toward the next invoice submitted for payment . The CITY shall notify CRF2 of its intention to utilize such material at least thirty days prior to the material being processed by CRR 4 ) CRR will guarantee the markets for all products either a ) not returned to the CITY as rejected material , b ) not returned to the residents as specified above, or c) not used by the CITY as daily cover. All markets will qualify for recycling credits as described by Florida Statutes , Wood Waste Services Agreement Page 5 of 5 stcloud2 Gevity 9 / 5 / 03 2 : 10 PAGE 2 / 2 RightFAX Certificate of Insurance This eertflows Is Issued as a matter of Information only and confers no rights upon you the oerff cats holder. This oertlAeate Ismot an Insurance policy and does not amend, extend , or alrer to coverage afforded by the policies listed below . Named Insured(s ) : GevityInc . and its wholly owned subsidiaries inciuoing Gevity I L. P . ; Gevity HR IV, L. P . Gavity HR IX, L . P. ; Gevity HR X, L . P. MARSH 600 301 Boulevard West Bradenton , Florida 34206 Insurer Affording Coverage American Home Assurance Co. , Coverages: Member of American International Group, lnc(AIG) The pcllcy( les) of Insurance listed below have been Issued to the Insured named above for the policy period Indicated, The Insurance afforded by the policy(ies) described heroin is subject to all the terms, exclusions and conditions of such pdicy(ies), crtmeste Exp. Date Type of Insurance CONTINUOUS Policy Number Limits 0 EXTENDED ,y ® POLICY TERM Employers Uablllty Workers' 1 � �2004 RMWC0477162 Bodily Injury By Accident Compensation RMWCO277163 $110001000 111 Accident RMWC0077194 RMWC0977195 Bodily Injury By Disease RMWCO277166 $110D0' 000 Polloy Limit Bodlly Injury By Disease $11000000 iisoh Person Other : Employees Leassd To: Effective Date : of - JA119- 4003 7094 . Consolidated Resource Recovery Inc The above referenced workers' compensation policy provides statutory benefits only to employees of the Named Ineured(o) on the policy, rot to employees , of any Other employer. If the certlflcata expiration data Is contlnuoua or extended term , you will be rolled If coverage Is to nlnated or reduced before the certificate expiration date. However, you will not be notified annually of the continuation of coverage, Notice of Cancellation : Should any of the policies described herein be cancelled before the expiration date thereof, the insurer affording coverage will endeavor to mail 30 days written notee to the certificate holder named herein , but falure to mail such notice shall impose no obligation or liability of any kind upon the insurer affording coverage, its agents or representatives, Certificate Holder Indlen River Board Of County Commissioners Michael C. Weise Attn : Polly Kratmen Authorized Represente lve of Marsh USA Inc 1325 74th Ave SW (8661443.8489 05 - OED - 4003 Vero Beech , FL 32968 Phone Date Issued From: D'Lisa Richards At: DesChamps & Gregory, Inc . FaxID : To : Pat Harrigan Date : 9/5/03 01 : 56 PM Page: 2 of ACORD CERTIFICATE OF LIABILITY INSURANCE OPID D i��09j MlDD/YY) ONSO - 1 05 / 03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Des Champs & Gregory , Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Main Office HOLDER. THIS CERTIFICATE DOES NOT AMEND , EXTEND OR 1812 Manatee Ave W , ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Bradenton FL 34205 - 5927 Phone : 941 / 748 - 1812 Fax : 941 / 750 - 8455 INSURERS AFFORDING COVERAGE INSURED INSURERA. Safeco Insurance INSURER R Ohio Casualty Insurance Co Consolidated Resource Recovery INSURER C : 6728 33rd Street INSURER D* Sarasota FL 34243 INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE MM/DD/YY DATE MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 r 000 r 000 A X COMMERCIAL GENERAL LIABILITY OJCGO20001 06 / 01 / 03 06 / 01 / 04 FIRE DAMAGE (Any are fire) $ 200 , 000 CLAIMS MADE X I OCCUR MED EXP (Any one person) $ 10 , Q 0 O PERSONAL SADV INJURY $ 1 , 0001000 GENERAL AGGREGATE $ 3 , 0 0 0 , 0 0 0 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 3 , 0 0 0 , 00 0 POLICY PROJECT LOC AUTOMOBILE LIABILITY C X ANY AUTO AHJ701251200 08 / 01 / 03 08 / 01 / 04 COMBINED SINGLE LIMIT $ 1 000 0 (EaCO accident) r i 00 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ 6 , 000 , 000 B X ] OCCUR CLAIMS MADE BXO ( 04 ) 52510067 06 / 01 / 03 06 / 01 / 04 AGGREGATE $ 6 , 000 , 000 DEDUCTIBLE RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY TORY LIMITS ER E.L. EACH ACCIDENT $ E. L. DISEASE - EA EMPLOYEE $ E. L. DISEASE - POLICY LIMIT S OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Certificate holder is additional insured ATIMA . RE : Indian River County c. Landfill CERTIFICATE HOLDER N ADDITIONAL INSURED; INSURER LETTER: CANCELLATION INDIANR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Indian River Board of NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL County Commissioners IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Polly Kratman 1325 74th Ave SW REPRESENTATIVES. Vero Beach FL 32968 AUTHORIZED REPRESENTATIVE W . Stuart Gregory ACORD 25-S ( 7/97 ) © ACORD CORPORATION 1988 S.EP . - C4 ' 03 ( THiJ ) 10 : 08 GONSOLIDATED RESOUR TEL : 941 758 8789 P 004 Consolidated R. esource ' Recovery, fne . 6728 3Y1 Street Fast, Sarasota, Florida 34243 -4128 941 - 756- 0977 / Fax : 941 -751 -6942 CRR www. resourcerecovery.com October 23 , 2000 Ms . Marilyn Dillar Solid Waste Coordinator City of St. Cloud, Florida 2901 17 `„ Street St . CIoud , Florida 34769 RE : Base Price Adjustment to Wood Waste Services Agreement Dear Nis , DiIlar : Pursuant to Paragraph 6 of the Wood Waste Services agreement between the City of St . Cloud and Consolidated Resource Recovery, Inc. ( CRR) , an increase to the base contract prices of $ 10 . 75 per ton and $ 14. 25 per ton will take effect January 1 , 2001 . Utilizing the enclosed consumer price index data from Tampa •• St. Petersburg — Cleanvater, FL , an increase of 4 . 09 % was calculated using the following formula : (2000 Price-Index) — ( 1999 Price Tndex) X IN = % Price Increase ( 1999 Price Tndex) 145 . 1 - 139 . 4 = 5 . 7 0. 0408895 X 100 = 4 . 09 % 139 . 4 139 . 4 Therefore, the pricing will increase from $ 14. 25 to $ 14 . 83 under paragraph 5 of the Wood Waste Services Agreement, and will increase from $ 10. 75 to $ 11 . 19 for material kept by the City under paragraph G -(3 ) of Exhibit A, Statement of Work, included with the Wood Waste Services Agreement, dated September 30, 1997 . Please feel free to contact me if you have any questions . Sincerely, P"j, Roger W . Peterson Direcior of Marketing cc , E . Lee, CRR R. Wilson , CRR, Attachment SEF , - 04AMHU ) 10 : 08 CONSOLIDATED RESCUR TEL : 941 738 8789 P . 003 October 30, 2001 City of St . Cloud Attn : Marilyn sellar 908 New York Ave. St. Cloud, FL 34769 RE : Base price adjustment Dear Ms . Dellar: Pursuant to Paragraph 6 of the Wood Waste Services Agreement between the City of St. Cloud and Consolidated Resource Recovery, Inc . (CRR) , an increase to the base contract prices of $ 14 .83 per ton and 11 . 19 per ton will take effect January 1 , 2002 . Utilizing the data from the Consumer Price Index data from Tampa-St. Petersburg- Clearwater, FL, an increase of 2 % was calculated using the following formula : (2001 Price index) — (2000 Price index) x 100 — % increase (2000 Price index) ( 148 . 0) — 145 . 1 x 100 = 2 . 0% price increase ( 145 . 1 ) Therefore the pricing will increase from $ 14 . 83 to $ 15 . 13 per ton under Paragraph 5 of the Wood Waste Services Agreement a» d will increase from $ 11 . 19 to $ 11 . 63 per ton for material kept by the City of paragraph G (3) of Exhibit A. Statement of Work. included with the Wood Waste Services Agreement, dated September 30, 199 . If ,you have any questions , please contact me. Sincerely, U , Edward R I.ee ff�� General Manager of Operation W � 1 � 1 SEP , - 04 ' OJ' ( THU ) 10 : 08 CONSOLIDATED RESOUR TEL : 941 758 8789 P , 002 Consolidated Resource Recovery, Inc . 67N 33rd Street East, Sarasota, Florida 342434123 941456- 0977 i Fax . 941 - 751 - 69 42 CRR vwvw.re s o wce re c overy. c o la City of St Cloud ATT; tylWvrt Dellar 908 New York Avviwe St. Cloud, Florida 34090 RE , Base Price Adjustnteul Dear Wri ? vn Delfim Pursuant to Pangrtplt 0 , of the Wood Waste Smices bem,ceu the Citv of SI Cloud rind CotrsolAued Resource Rccovcry, htc , (CRR) ;m increase to the base contmcr prices ors 11 . I per ion and $ 1 1 . 4 l per ton will rake affect on lama 11 , 300A Utilizing Ilse enclosed CPI data from Timpa-SI . PCIersburgvClcnnvalcr, FL .m mcreose of 2 . 8 4'X was cticulnrcd using the following fortrulla : 2002 Price Index — 2001 Price Gude.\ X 100 = ",S, PnCe InCre;tse 2001 Price Index 132 , 2 143 . 0 = 4. 20 = . 0294 X 1 ' ltl 148 . 0 143 . 0 T1lercfore, the pricing wilt increase from 515 , 1 i to I5 . $ j per ton traderParagraph i of the Wood Waste Services Agreement acrd will increase from S 11 . 41 to x; 11 . 71 per lou for material kept by Ills Cily carder Paragrpph G (3 ) of Exhibit A, Slatemcm of Work. included milli rhe Wood Waste Services Agreement. dated September 30 , 1997 . Please feel free to contact me if volt have tnv pesrions . Sincerely, Edgard Lee Operations Manager Ccnsolidited Resource Rccovcry , Inc , CC : \&ry Tyson Mary-Alice Hopper File AlJG , - ? S ' �J3iMON ) li : � "r CGNSOLIDAfED RESGUR TEL : q4l 758 8789 P , 003 FIRST ADDENDUM TO AND EXTENSION OF CONTINUING CONTRACT BETWEEN CITY OF ST. CLOUD AND PQNSCILIDAT D RESQUIRCE RECOVERY. INC This Addendum is by and between THE CITY OF ST. CLOUD , FLORIDA , hereinafter referred to as "CITY , ' 1300 9th Street, St. Cloud , Florida 34769 , and CONSOLIDATED RESOURCE RECOVERY, INC . , 6728 33"1 Street East, Sarasota , Florida 342434 128 , hereinafter referred to as "CONTRACTOR' and is to that certain agreement between CITY and CONTRACTOR dated October 2 , 1997 and any amendments thereto , hereinafter collectively referred to as "the Agreement ' . The Parties , in exchange for the mutual Covenants contained herein and in the Agreement, agree as follows : 1 . This addendum expressly modifies the Agreement and in the event of a conflict, the terms and conditions of this Addendum shall prevail, 2 . In accordance with Section 3 of the Agreement, the term of the Agreement is extended for a period of three (3) years from October 1 , 2002 to September 30 , 2005 , 3 . All other terms and conditions set forth in the Agreement shall remain in full force and effect and unchanged as agreed to by the parties , IN WITNESS WHEREOF , the parties hereto have made and executed this Agreement for the purposes herein expressed on the dates set forth below, Cl ST. LOUD CONSOLIDATED RESOURCE RECOVERY, INC , Sy: gy lenn Sangiovanni, Mayor Print Name : E'b w �4C6 i Title: r o A D*.3 a z Date : ATTES ATTEST: By: aul G . Kaskey , City Manage •, 'W Msry Lee Tylion t.Y f r * My Commrsalo" CC9�J508 Erpifes July 11 2004 AIDC . - 25 ' 03OMON ) 11 : 08 CONSOLIDATED RESOUR TEL : 941 758 8189 P . 004 RESOLUTION NUMBER 2002154R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST _ CLOUD , FLORIDA, AUTHORIZING THE MAYOR TO ENTER INTO A FIRST ADDENDUM TO AND EXTENSION OF CONTINUING CONTRACT, DATED OCTOBER 2 , 1997 , BETWEEN THE CITY OF ST. CLOUD AND CONSOLIDATED RESOURCE RECOVERY , INC . WHEREAS , the City has a continuing contract, dated October 2 , 1997 , with Consolidated Resource Recovery , Inc. for tub grinding of brush / yard waste at the City of St, Cloud Landfill , and WHEREAS , said continuing contract will expire on September 30 , 2002 , unless extended . NOW THEREFORE : BE IT RESOLVED by the City Council of the City of St. Cloud , Florida , as follows : SECTION i . The Mayor is authorized to enter into a first addendum to and extension of the continuing contract between the City of St. Cloud and Consolidated Resource Recovery, Inc. , as more particularly set forth in Exhibit 'A. ' SECTION Il . This resolution shall take effect immediately upon its adoption , PASSED AND ADOPTED by the City Council of the City of St- Cloud , Florida on this 11 day of July 2002, C OF CL UD angiovanni , Mayor ATT T: 'r Kaske , City Manager LEGAL IN FORaAND DOPTED� Drage , deftaubien, Knight; Si b , Mantzaris & Neal Dan IF , AK - 25 ' 03 ( MON ) 1141 CONSOLIDATED RESQUR TEL : 941 758 8159 P , 002 City of St. Cloud Public Works Department 2901 17th Street St. Cloud , Florida 34769 (407) 9574225 (407) 892-3372 FAX Letter of Transmittal TOS Edward Lee , Operations Manager Consolidated Resource Recovery, Inc. 6728 33 `d Street, East Sarasota , Florida 34243-4128 FROM : Robert A . MacKichan , Public Works r REFERENCE . Continuing Contract DATE : July 31 , 2002 Thank you for agreeing to extend your agreement with the City at the current unit prices . The City appreciates the opportunity to continue business with your company . Attached for your file are copies of the following documents : ♦ First Addendum to and Extension of Continuing Contract Between City of St. Cloud and Consolidated Resource Recovery , Inc . ♦ City of St. Cloud Resolution No _ 2002- 154R . bepM802 Attachments copy : Ray Tobey, Solid Waste Superintendent CRR Page 1 of 1 Polly Kratman From : Pat Harrigan [path@resourcerecovery . com] Sent: Thursday , September 04 , 2003 11 : 37 AM To : Polly Kratman Subject: CRR To Polly Kratman , Consolidated Resource Recovery , Inc . is prepared to mobilize at Indian River County LandCill on October 11 2003 , Sincerely , Edward Lee Patricia Harrigan Administrative Assistant of Operations Consolidated Resource Recovery , Inc . path@resourcerecovery .com 9/4/2003 Page 1 of 1 Polly Kratman From : Ed Lee [edl@resourcerecovery . com] Sent: Thursday , September 04 , 2003 9 : 18 AM To : Polly Kratman Subject: Piggyback of City of St. Cloud yard waste contract CRR is pleased offer Indian River County a piggy back of our yard waste contract with the City of St. Cloud . As you likely know the copy of the contract we sent you shows the original contract prices that have changed due to annual CPI price increases. The current prices are $ 15 . 55 per ton with disposal and $ 11 . 73 for mulch that stays on site . CRR will provide a FDEP certified trained landfill spotter to man the site 7 days per week with the use of a wheel loader to inspect incoming loads and stockpile yard waste . CRR shall agree to strike that portion of the City of St. Cloud contract that pertains to the 5000 ton maximum . CRR shall accept for processing and disposal all yard waste received by Indian River County . It is contemplated that Indian River County may keep up to 12 , 000 tons per year of processed yard waste on site . I have sent via facsimile the annual CPI adjustments that take the base rate to where it is currently . 9/4/2003 AUC . - 25 " 03 ( MON ) 11 : 10 CONSOLIDATED RESOUR TEL : 941 758 8789 P . 008 EXHIBIT 2 EXHIBIT A STATEMENT OF WORK Desc Wi&O of S � A. After the execution of this Agreement, CRR shall enter the premise and begin to process the existing stockpile of yard and wood waste. E3. On an as-needed basis , CRR shall provide the equipment, personnel , and expertise necessary to process and recycle the incoming yard waste. CRR shall mobilize and enter the site to process when the CITY notifies CRR that at least 2, 500 tons have been received , are stockpiled and ready for processing . A maximum amount of 5, 000 tons per year shall be processed under this agreement. Cr CRR will load and process all yard waste using equipment normal to the industry. CRR will be responsible for operating all materials necessary for this task, including labor, equipment, and all supplies . D. CRR will remove from the yard waste materials , which in the opinion of CRR are non-wood in nature and/or cannot be effectively processed . These items will be accepted by the CITY in containers provided by the CITY , and disposed of at no charge to CRR . The weight of these materials will not be included in determining the amount of tons processed by CRR. E . CRR will load all accepted processed materials into vehicles for transport to markets or end - uses . The CiTY shall weigh all such material leaving the facility, if the scale at the facility cannot accommodate the trucks being used for transport, then an alternative method to determine accurate weights shall be mutually agreed upon by both the CITY and CRR . F. CRR shall perform all tasks in a safe and efficient manner, and comply with all applicable rules and regulations . G . CRR shall be responsible for the disposition of all products produced from these activities, Methods may include , but are not limited to, the following : 1 ) Soil , Fuel , and Mulch Products- CRR may maintain a 60-day inventory of such material on the CITY property, and will remove such products to markets and end - users. CRR will not invoice the CITY for any material that has not left the facility as in Item E. 2 ) CRR will make available to the CITY an amount of processed mulch for the use by the CITY and its residents. For this purpose , processed mulch is yard waste material that has been processed through a tub grinder or other similar equipment. The material provided to the CITY under this provision shall be included in determining the volume of material processed by CRR. The CITY shall notify CRR at the beginning of each month, during the term of the Agreement, the approximate amount of mulch it desires from CRR. However, the CITY is not required to accept any volume of mulch under this provision . 3 ) CRR can produce a ground cover material that is suitable for dairy cover within the guidelines of the Florida Statutes (i . e . , at least 50% soil by weight and uniform small particle size) , and will make this available to the CITY_ However, the CITY is not required to use this material under this scope of work. If the CITY elects to utilize this material at the facility, and/or for every ton of mulch accepted under Section G . 2 ) above, CRR will credit the CITY the sum of $3. 50 per ton for every ton accepted for use by the CiTY. However, any material accepted for use by the CITY shall be included in determining the volume processed by CRR. For example , if the Wood Waste Services Agreement stcloud2 Page 4 of 5 AUG , - 25 ' 03 ( MON ) 11 : 11 CONSOLIDATED RESOUR TEL : 941 758 8789 P - 009 CITY uses 2000 torts of material in one month as mulch or a substitute for other cover materials, then CRR shall apply a credit of 2000 x $3050 = $7,000. 00 toward the next invoice submitted for payment. The CITY shall notify CRR of Its intention to utilize such material at least thirty days prior to the material being processed by CRR 4 ) CRR will guarantee the markets for all products either a ) not returned to the CITY as rejected material , b ) not returned to the residents as specified above, or c) not used by the CITY as daily cover. All markets will qualify for recycling credits as described by Florida Statutes , Wood Waste Services Agreement stcloud2 Page 5 of 5