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HomeMy WebLinkAbout2003-249 ORIGINAL Florida Tire Recycling , Inc . 9675 Range Line Road �O � a Port St . Lucie , FL 34987 'fir tp Ph : 772/465 -0477 �• Fx : 772/489 -2124 tp� � ► Email : ftri@earthlink . net September 4 , 2003 Polly Kratman Indian River County Solid Waste Disposal District 132574 1h Avenue, SW Vero Beach, FL 32968 Re : Waste Tire Recycling Dear Ms . Kratman, We appreciate the opportunity to renew our waste tire recycling agreement for the 2003 /2004 fiscal year. As requested I am writing to detail the terms of our current agreement, which will be continued into the coming year without modification. 1 . Florida Tire Recycling, Inc . ("FTR") will provide two enclosed over-the-road trailers to be placed at the tire area at your landfill site . As waste tires are received, they would be separated and loaded as follows : a. Derimmed passenger and light truck tires up to 825 x 20 in size would be loaded in one trailer. b . Derimmed truck tires between 825 x 20 and up to 1200 x 20 in size would be loaded into the second trailer. c . Rimmed passenger, light truck and truck tires up to 1200 x 20 would be placed in a separate pile for collection as needed . ( See Item 3 below. ) 2 . When a trailer is full , FTR will dispatch an over-the-road tractor to drop an empty trailer and pick up the full one . 3 . When a load of rimmed tires has accumulated, FTR will dispatch an open topped, walking floor trailer ( 100 cubic yard capacity. ) SWDD personnel using a front-end loader will load the trailer. 4 . FTR will not be obligated to take any tires larger than 1200 x 20 in size . 5 . The tipping fee at FTR ' s Port St . Lucie waste tire processing facility for loads from Indian River County is $ 60 . 00 per ton with a minimum of $ 600 . 00 per load . The fee applies to all tires received whether rimmed or derimmed . 6 . Transportation from Indian River County to Port St. Lucie will be an additional $ 150 . 00 per load whether transported by an enclosed trailer or by open-top walking floor trailer. 7 . For rimmed tires only, there will be an additional charge of $ 150 . 00 per load for derimming by FTR at the Port St . Lucie facility. Scrap metal resulting from the derimming will be the property of FTR. 8 . There will be a fuel surcharge of 5 . 0% of the total cost (tipping fee, transportation and derimming costs) so long as the cost for less than truckload bulk delivery of diesel fuel remains above $ 1 . 35 per gallon . 9 . The SWDD will agree to do the following : a. To use its best efforts to keep the waste tires free from contamination by dirt, sand or other waste products . b . To load the enclosed trailers at or near their maximum capacity. 10 . The SWDD scale shall be used for determining weights . Loads will be invoiced as collected. Invoices are payable in thirty days . 11 . All waste tires collected by FTR are recycled in such products as mulch, light weight aggregate, crumb rubber feedstock (for use in asphalt roads , injection molding, etc . ) , playground surfacing material and Tire Derived Fuel . 12 . The SWDD may also elect to deliver the waste tires in county-owned vehicles to FTR ' s facility in Port St . Lucie . The disposal fee would be $ 60 . 00 per net ton . The SWDD would continue to segregate tires by size . Tires will not exceed 1200 x 20 in size . Tires with rims will be segregated and delivered separately. There will be a surcharge of $ 15 . 00 per ton for loads of rimmed tires . Scrap metal resulting from the derimming will be the property of FTR. 13 . The terms of this agreement shall be for one year beginning October 1 , 2003 and expiring September 30 , 2004 unless cancelled by either party with thirty (30) days written notice . This agreement may be extended from year to year with mutual consent . SWDD and FTR acknowledge and agree that the Waste Tire Recycling Agreement ("Agreement") is modified by the Addendum attached hereto and by this reference incorporated herein in its entirety. Thank you for the opportunity to continue serving the citizens of Indian River County , Sincerely Indian River County Solid aste Disposal District John . Wils n air Clie Operati g Officer Fl ida Tire Recycling, Inc . Date September 16 , 2003 .A� APPROVED AS TO FORM W 'Illess AN EGAL S (JFFICIENC B IAN . F . ASSISTANT COUNTY ATTORNFY e - ADDENDUM TO THE AGREEMENT BETWEEN INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT AND FLORIDA TIRE RECYCLING, INC. DATED 09 - 16 - 2003 1 . Insurance Florida Tire Recycling Inc . ("FTR") , shall , at least ten ( 10) days prior to the commencement of operations under this agreement, provide to the Indian River County Solid Waste Disposal District (" SWDD") a certificate of commercial general liability insurance with a reputable insurance company authorized to issue insurance policies in the State of Florida, subject to approval by Indian River County ' s risk manager, in an amount not less than $ 1 , 000 , 000 combined single limit for bodily injury and property damage, including coverage for premises/operations , products/completed operations , contractual liability and independent contractors , in accordance with Indian River County ' s Administrative Policy Manual . FTR shall , at least ten ( 10) days prior to the commencement of operations under this agreement, provide to SWDD a certificate of business auto liability insurance with a reputable insurance company authorized to issue insurance policies in the State of Florida, subject to approval by Indian River County ' s risk manager, in an amount not less than $ 1 , 000, 000 per occurrence combined single limit for bodily injury and property damage, including coverage for owned autos and other vehicles , hired autos and other vehicles, non-owned autos and other vehicles, in accordance with Indian River County ' s Administrative Policy Manual . The commercial general liability and auto liability insurance policies shall name Indian River County, a political subdivision of the State of Florida, and Indian River County Solid Waste Disposal District as additional insureds . In addition, FTR shall , at least ten ( 10) days prior to the commencement of operations under this agreement, provide to SWDD a certificate of worker ' s compensation insurance , including employer ' s liability, with a reputable insurance company authorized to issue insurance policies in the State of Florida, subject to approval by Indian River County ' s risk manager, with a limit of $ 100 , 000 per accident, $ 500 , 000 disease (policy limit) , and $ 100, 000 disease (each employee) in compliance with all state and federal laws, and in accordance with Indian River County ' s Administrative Policy Manual . FTR shall provide to SWDD at least thirty (30) days written notice by registered mail , return receipt requested, addressed to Indian River County ' s risk manager, prior to cancellation or modification of any required insurance . 2 . Indemnification FTR hereby agrees to defend, indemnify and hold harmless SWDD and Indian River County, a political subdivision of the State of Florida ("County") , and SWDD ' s and the County ' s officers, employees and agents , from and against any and all claims for damages, costs, third parry claims , judgments and expense to persons or property that may arise out of, or be occasioned by, any act or omission of FTR, or of FTR ' s officers , employees or agents , and FTR shall indemnify SWDD and the County against any such claims and judgments that may be entered in connection therewith, including attorney 1 V t fees . It is the intention of this indemnification agreement on the part of FTR, and a condition of this agreement, that FTR shall fully indemnify SWDD and the County and SWDD ' s and the County ' s officers , employees and agents , from and against any kind or character of claim whatsoever that may be asserted against SWDD or the County or against SWDD ' s or the County ' s officers , employees or agents . FTR hereby agrees to defend any and all suits , claims and causes of motion brought against SWDD or the County or against SWDD ' s or the County ' s officers , employees or agents , arising out of this agreement, and FTR agrees to pay any judgment or judgments, including attorney fees, that may be entered against SWDD or the County or against any of SWDD ' s or the County ' s officers, employees or agents , in connection therewith. 3 . Law and Venue This agreement shall be governed by the laws of the State of Florida. Venue for any party by either party against the other party or otherwise arising out of this agreement shall be in Indian River County, Florida, and in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. Attest : J . K . Barton, Clerk Indian River County, Florida Solid Waste Disposal District By 21! r ,�� BY ,zie z Deputy Clerk enneth R Macht, Chairman BCC Approved : 09 - 16 - 2003 Florida Tire R cycling, Inc . 1 By J Wis Ch ' O rat ' Officer -- 2 M A Florida Tire Recycling, Inc . 9675 Range Line Road p • Port St. Lucie , FL 34987 ~ Ph : 772/465 - 0477 G. Fx : 772/489-2124 Email : ftri@earthlink . net •fr�,jl n ' September 4 , 2003 Polly Kratman Indian River County Solid Waste Disposal District 132574 1h Avenue, SW Vero Beach, FL 32968 Dear Ms . Kratman, John J. Wilson has the requisite authority to enter into binding contracts on behalf of Florida Tire Recycling Inc . 1 Sincerely, Susan K Wils n President Florida Tire Recycling, Inc .