RECEIVIED DEC1.8-2024 mhoby ORIGNAL Board of Commissioners Agenda Item Transmittal Form Procurement/ContractTransmital Form Type of contract: 1year) X Multi-yearD Single Event D Purchasing Use Only Contract! #: C-2022-16 Ro2 Submission Information Contact Name: Andrew HammerX 7268 Vendor Information Vendor Name: Quality Tire Recycling Inc. Department: ProjectTitle: General Services- Recycling Center Drop: and Hook Agreement Recycling Center Address: 4651 Mallet St. Address: Jackson,Ga30233 Email: Durordelperytrecon Phone #: 770-775-3304 Contact: Patty Burford PO Box 941 Funding Account Number: 100-4532-522110-42 Contract amount: $14,988.00 Contract Type: Goods0) Services (X) Labor( 0 Contract Action: New() Renewal (X) Change Order Term of contract: 1year (X) Original Contract Number: C-2022-16 Finance Director Signature Ihave reviewed the attached contract, andt thea amountis bchtes Procurement Officer Signature Ihave reviewed the attached contract, andi itisi in compliance with Purchasing Policies of Rockdale County. approved for processing. Date: lhuls Lypa aAtE Summary: General Services recommends a change order to the original contract and one (1) year renewal with Quality Tire Recycling tire: service at Recycling Center. The total amount for the year is $14,988.00 which includes a price increase of $40 per month for service fees. This total is based on 12 month: service at an estimated: $1,249.00ar month. Deparmemyéay/ledted Official Signature: Date: 3 R Quality Tire Recycling, LLC 465 Mallett Street P.O. Box 941 Jackson, GA 30233 770-775-3304 ******* Amendment to Service Agreement ******* The following list is additional information and or charges regarding the recycling of scrap tires. 1. Please call for approval for more than 20 tires on rims. 2. Ifapproved to accept rims: additional costi is: a. $7.50 each for car rims b. $30.00 each for semi tractor trailer rims, business days. 3. Amnesty trailers are charged a minimum of1 101 tons and are on site no more than 5 4. Live loads include 2 hours wait time: additional time is billed at $100.00 per hour. 5. Farm tractor tires over 5': x2' are billed at $500.00 per ton. 6. Excessive dirt/garbage: $400.00 per ton. 7. OTR'sare billed at $500.00 per ton. 8. OTR rims are $250.00 each. 9. We do not accept: a. Solid tires b. Tracks Tubes with valve stems d. Any rims smaller than a car tire rim *** If we receive any unacceptable materials on a load: !Stime warning notification 2ndt time- $500.00 fee 3rd time $500.00 fee and we will potentially stop accepting loads Choi 4 CEO Customer Signature - Title Date Approved asi toi form M.C Qader A. Baig, County Attorney ATTEST: Jennifer O. Rutledge, County Clerk Fan44 Contractor: Quality Tire Recycling, LLC 465 Mallet Street P.O. Box 941 Jackson, GA3 30233 Phone: 770.775.3304 Price Change Service Change QualityTire Recycling DROPA ANDI HOOKA AGREEMENT Customer Status: New Customer Existing-New Agreement Contract Customer/Invoice' to: Rockdale County BOC Existing-Agreement: Renewal RollO# Servicel Type: Customer Name: Address: Citya and State: County: Phone! Number: Check One: Servicel Location: Location Name: Address: City and State: County: Phone Number: E-MailA Address: Service Contact: Effective Datec ofService: 1/1/2025 Drop &Hook P.O.E Box 289 Conyers. GA Rockdale 770-785-6883 Proprietor Partnership Rockdale County Recycling 1200 Sigman Road NE Conyers, GA Cage Customer Account number: 82201 FEINNo: Zip Code: 30012 Fax Number: E-MailA Address: mamgnsassmgpage Angel. KmagPasci-Campdpe. Serviçe: Trailert transportationa andp processing, recycling andior disposal ofCustomersusedt tires (UsedT Tires"). CorpD] State ofl Incorporation: Zip Code: FaxN Number: Title: Estimated Volume: Term: 12 months Select one: Jtons pery year Jloads pery year Service Fees (Subjectt to annual adjustment pursuant to Section 3ofthea attached General Conditions): Freight Environmental Fee: Container DropF Fee: Container Rent: Cost Perl Load orT Ton: Overweight Charge (exceeding 15t tons perl load): Standby Fee: RimF Removal Fee: Current Diesel Fuel Surcharge: Minimum BilingF Per Load (ifa applicable) BillingT Terms: OCOD J Credit Special Conditions: 1. see Page 4 "Amendment to Service Agreement Customer iss serviced with a2 28' vant trailer. fustomer Signature: Print Customer Name and1 Tite: Contractor Signature: Print Contractort Name and Title: Servicel Type (select one): COnCal Schedule November 2016 StandardForm ATTEST: 300.00 $ 25.00 $ $ 125.00 $ 135.00 $ $ $ extra $25.00 per (check one): Jload - ton per (check one): load Oton per hour pert tire %percentage ofbilledr revenue or charges tons (Customert toi initiall below) Date: Date: esentative) Chair 4 CEO Douga Bemiu ServiceF Frequency (select one): yhlsy 535 lfweekly, estimated collections perv week: D1 D2D DDDDD Ifnotv weekly, thene every: DJ2wks 3wks DJewks DaDgE. Page1 1le M. Qader A. Balg, County Attorney jennifer O, Rutledge, County Clerk GENERAL CONDITIONS OF DROP ANDI HOOKA AGREEMENT Contractor named above or any of its applicable subsidiaries or affiliates performing hereunder ("Contractor") hereby warrants to Customer that all Used Tires collected from Customer shall ber recycled, including reuse,i in accordancer with the usedt tirer rules enacted by governing local, state andf federalregulatory 1.1 Term. Thei initial tem oft this Agreement shall bet twelve (12) months, commencing ont the Effective Date of Service. asn may be extended herein (Term'). Att the end oft thei initial twelve (12) month perioda and on each anniversary thereafter, thel Term shall automatically be extended by one (1) additionaly year unless, atl least sixty (60) days prior tot the end oft thel Term, onep party hereto notifies the other party hereto, in writing. that ito does not wish to extend the Term beyondt thet then current expiration date. Such automatice extension and option toc cancel sucha automatic extension shall continue untilt this Agreement expiresi ina accordances witht thet terms oft thisp provision, or ist terminated as otherwise provided herein, orist terminated by ther mutual agreement oft the parties hereto. Contractor agrees thati if Customer nol longer requires any Service for its Used Tires due to discontinuance of its business or relocation outside the area in which Contractor provides Service, Customer may terminate this Agreement by delivering written notice to Contractor atl least sixty (60) days prior tot the intended termination date and making payment ofa alla amounts due Contractor on or before suchi intended termination date. Int the event Customer terinates this Agreement other than as provided above, or Contractor terminatest this Agreement as a result of Customer's breach, Customer shall pay Contractor, as liquidated damages, Customer shall payt the average ofit its pastr monthly charges muliplied byt the 2. Exclusivity. Contractor hasi invested--and based upon this Agreement willi invest-capital, expertise, time and resources top perform this Agreement. Accordingly, duringt the Temm of this Agreement, (1) Customer agreest to deal, negotiate, and contract exclusively with Contractor for any and alll Used Tirer relateds services provided! by Contractor to Customer under this Agreement, including wihout limitation, the transportation, processing. recycling, resale, and/or disposal of Used Tires (collectively, "Services), (2) Customer agrees nott to deal, negotiate, and'or contracty with any other person, corporation, ord othere entity-whether directlya and/ori indirectly-for Services, and (3) in connection with this Agreement, the parties agree that each willr not, directly ori indirectly, inlerfere with, circumvent or attempt to circumvent, avoid, by-pass. hinder, evade, ord obviate (a)o one another, (b)e each other'si interestsi inort tot theb benefits of this Agreement, andlor (c) the interests or relationships that either party has with any other person, corporation, or other entity, including without limitation customers, manulacturers, producers, sellers, buyers, vendors, brokers, dealers, distributors, refiners, andior shippers to affect, change, increase, decrease, andor avoid, directlyo or indirectly, the obligations ofone another undert this Agreement. 3. Fees, Charges and Payment. Customer shall pay Contractor fori its Servicesi ina accordance with the Service Fees setf forth ont the first page oft this Agreement and these General Conditions. Customer shall pay Contractor at Contractor's address on page 1oft this Agreement. The Service Fees and other charges setf forth herein shall be adjusted after thef firsta anniversary oft the Effective Date of Service to reflect (a)i increases int the Consumer Price Index, and (b) an annual four percent (4%) increase ofa all Service Fees and other charges hereunder. The Rim Removal Fees shall be charged fore eacha ande every Used Tire that has not been derimmed. Customer shall prepayt the Trailer Drop Fee and thec cost ofthef first! load when thef firste empty trailer is delivered. Thereafter, Customer shall prepay Contractor for each load when the replacement trailer is delivered unless credit is extended and approved, inv which case payment shall be due within fifleen (15) days of invoice. Contractor has ther right, ini its sole discretion, top pass through to Customer any and alle environmental cost recovery charges, environmental compliance charges or others similar charges related to upgrading or maintaining, Contractor's facilities, including without limitation such charges which Contractor incurs in order to operate any or all ofits facilities at operating standards which arei in excess of what may be required by applicable federal, state or local environmental laws or regulations. Interest shalil accrue and be charged on allp past due amounts at the rate of one and one-half percent (1.5%) per month until paid, and Customer shall pay all costs and expenses incurred by Contractor in collecting any past due amounts, including without limitation reasonable attorneys' fees. Ifp payment is not made when due, orif Customer otherwise breaches thet terms of this Agreementa andf fails toc cure thes same withinf five (5) days of written notice ofs such breach, Contractor may remove any equipment on Customer's premises, suspend the provision of Services andior terminate this Agreement upon written notice to Customer, in which event Contractor shall bee entitledt to 4. Fuel Surcharge. Contractor may impose a fuel surcharge int the event the cost of diesel fuel increases ata any! time, or from time toti time, during the Term. The fuel surcharge shall be calculated based oni increases in the cost of diesel fuel as published by the Energy Information Administration of the US Department of Energy lwww.eiadoe.cov ('EIA') as deteminedb by Contractor ata any time, orf from time to time, during the Term oft this Agreement over a base cost ofs $1.3 30 per gallon (the 'Fuel Surcharge Percentage"). The resulling Fuel Charge Percentage shall ber multiplied byt the aggregate of Customer's billed! Service Fees and other charges fort the period determined! by Contractor in order to determine the amount of such fuels surcharge. Thef fuel surcharge as oft the date ofe execution oft this Agreement shall bet the percentage: setf forth onp page1 1oft this Agreement, andr may bei increased or decreased ata anyt time, orfi from timet toti time, bythe Contractor asr necessarya and appropriate. 5. Govemmental Taxes, Fees and Charges. Customer shall be responsible for any and allt taxes, fees or other charges imposed by local, state orf federal laws 6. Equipment. Thev word" equipment" as usedi in these General Conditions shall mean over-the-road bulkt trailers provided! by Contractor to Customer for thes storage and transportation of Used Tires. Alle equipment shall remain the property of Contractor and Customer shall have nor right. title ori interesti ins such equipment Contractor shall have the absolute right ton remove or replace anya and alle equipmenta ata any time, and Customer shall be obligatedt to eliminate any obstruction that might hinder Contractor inremoving orr replacingt the equipment. Customer shall provide as stable, paved parkings spacet fort the equipment, and shall noto overload, move ora altert the equipment, or uset the equipment forp purposes othert thant thes storage of Used Tires to be collected by Contractor. Customer shall be responsible for the equipment's salekeeping, and shall beli liable to Contractor fora alll loss andior damage tot the equipment whilei in Customer's possession (including fire and theft) exceptf forr reasonable weara and tear. On collection day. Contractor shall have clear, unimpeded access tot thee equipment. Ifthe equipmenti is blocked so ast to delay or prohibit collection, any additional collection cost shall be classified as ane extra pick-up and charged to Customer's account or Contractor may charge the Standby Fee. Customer agrees to cary insurance with sound and reputable insurers against fire, theft and other hazards, ins such forms and in such amounts so that the value oft the equipment located on Customer's premises shall ata allt times bec coveredf from alls such losses andr risk and as Contractor may reasonably require, fort the benefito of Customer and Contractor. Upon request, Customer shall provide Contractor with ani insurance certficate evidencing the foregoing coverage. Customer shall not sell, lease, lend, move, transfer, encumber or pledge any equipment located on Customer's premises ora allow any third parties tor move or encumber the equipment located on Customer's premises. Customer shall 7. Used Tires. Customer warrants to Contractor that all Used Tires delivered by it hereunder shall not have been subject to any safety recall, whether official or unofficial, and not otherwise subject toa' 'destroy only' obligation. Customer alsov warrants that thel Used Tires delivered to Contractor shall beir ina as drya condition as possible (nor more than 10r mililiters ofy water ine each) ands shall bef free ofc oil, petroleum anda any other hazardous or toxicv wastes as defined by! local, state or federall laws and/orr regulations. Itis understood and agreed that Customer shall noto deliver to Contractor any split or chopped tires. solid rubber tires, baled tires, tires containing a heavy accumulation of dirt, or tires exceeding 541 inches in heightor1 16i inches inv width or anyy waste othert than Used Tires (collectively. Unacceptable Waste"). Customer further agreest that ifany Unacceptable Waste is delivered by Customer, Contractor may, ati its election, @ return such Upacceptable Waste to .Title. Tilet tot the Used Tires shall pass to Contractor upon either the 0 payment of Contractor's Service Fees and other charges due fpr such Used Tires, or( (i) agencies. number ofr months remaining inthe Term. recover alla amounts then due and,i inthee evento ofte temination, thel liquidated damages describeda above. andlor regulations upont thec collection, transportation, processing, recycling andior disposal of CustomersUsed" Tires. givei its secured lenders notice that Customer does noth havea and ownershipi interesti int thee equipment. Customer, or (i) charge a supplemental feet to Customer for special handinga andloro disposalofs such Unacceptable' Waste. Customéri initials Date November 2016 StandardForm Page2ata removal ofs such Used Tires by Contractor from Customer's premises. IF Customer fails to pay Contractor's Service Fees and'or other charges, Contractor, at ils option, may unload andior retum Customer's Used Tires, inv which event Customer shall remain liable to Contractor for 100% of the Service Fees and other due for such Used" Tires. Notwithstanding thef foregoing. titlet toa andl liabilityf for Non-Conforming' Tiress shall always remainy with Customer. 9.P Provision ofs Services. Tot the extent not otherwise covered byi insurance, Contractor shall be responsible for damages to Customer's property any actions of Contractor, its agents or employees in connection withp providingt the Services to Customer pursuant to this Agreement, provided, directly that resuiting Contractor from shall not ber responsible for any damages ifCustomer was aware ofa any condition affecting Customer's property which contributed toc ord caused such however, ando didr not 10. Indemnity and Related Provisions. Customer agrees top pay, indemnify, defend, and hold hamless Contractor andi itse employees, and representatives from anda against any and all daims, çauses ofa actions, controversies, demands, damages, losses, costs, fines and/or liabilities (collectively, agents. Causes of andlor ansing MECT (2leach and every dehciency, defect, characteristic, and/or Action') other condition to Customer's property andlor Used Tires, including the delivery of Unacceplable Waste, (3) Customer's breach or nonperformance of any covenant, provision, of representation ory warranty made by Customer hereunder, (4) Customer's activities ino connection with this Agreement ort the Services, and (5). Customer's violation of any laws or regulations, save and exceptf for Causes ofA Action resulting from Contractor's wilful misconduct org grossly negligent conduct. This provision to and includes without limitation claims and causes of action for death, personal injury, andlor damage to property or the environment. This indemnification applies 11. Insurance. In addition to Customer's obligations under Section 61 hereof, Customer shali maintain insurance int types and amounts appropriate for persons. Without! limitingt the foregoing. Customer shall carry insurance adequate to cover allp potential liabilities related toi its business and indemnification simiiarly 12. Right to Compete. Customer grants Contractor the right to compete with any offer which Customer receives (ori intends to make) Tire collection, transportation, processing, recycling. resale andior disposal services upon the terination of this Agreement, and agrees relating to Contractor nolice of any such offer and ar reasonable opportunity to respond to it. If Contractor agrees to provide services on the same terms as those give set forth in the written offer, 13. Selling Used Tires. Customer recognizes thev value to the Contractori fort those usedt tires that can bec culled ands solda as a used! tire. The partiesf further and agree that thep pricing oft the Service Fees set forth int this Agreement is premised upon no theit or diversion of Used Tires from the locations. Customer acknowledge shall implement procedures to ensure individuals or businesses do not to take, purchase, or damage such good used tires from the Customer's locations. Customer shall take precautions to keep used tires secure and contained to eliminate the risk of tire theft or damage. If such theft accurs, Customer shall access toi its loss prevention department and cooperate with alli investigaticns andp possible prosecutions ofsucht theft perpetrators. Ifsucht theft continues, provide Contractor, at 14. Default and Remedies. In the event either party breaches this Agreement and fails to cure any such breach within five (5) days of written notice thereof, ther non- detaulting party shall! havea allr righisa andr remedies seti forthi int thisA Agreementa anda allr rights andr remedies available atla lawo orine equity. 15. Force Majeure. Exceptf fort their respective obligations top pay any sums ofn money due hereunder, each party hereto shall be excused fora any delay orf failure int the performance oft their respective obligations hereunder, and shall not be liable for failure to perform or considered inc default hereunder, ifa and to the extent that such delay or failure is caused by occurrences beyond such party's reasonable control and is not caused bys such parly, including, but not! limitedt to, governmental laws or regulations, strikes ord other labor disputes, civilcommotion, sabotage, acts ofterrorism, war, fire, casualty. food, earthquake, explosion, weather, ora acts ofGod. 16. Notice. Any noticet tob beg givenh hereunders shal bei inv writinga and shall be delivered! by hand, certified mail or overight courier tot ther respective party att the addresss set forth ont thefi first pageoft thisA Agreement ors sucho other address ase eitherp partys shall designate byv writtenr noticet tot the other party. Anys suchr notice shall bec deemed effectively served as ofthe dated ofd delivery unless deliveryi isrefusedo or cannot ben made, inwhiche eventr notice shall bed deemed givenu upon maling. 17. Waiver. The failure of Contractor or Customer to enforce, ata anyt time orf for any period oft time, any one or more of thep provisions oft this Agreement shall not be construed tob be, ands shallr not be, av waiver of anys such provision orp provisions ord ofits rightt thereaftert toe enforce each ande every such provision; provided, however, final paymentt to Contractor constitutes afulla andf finalr release ofanyo claims thato Customer mayl have against Contractor. 18. Severability. lany provision oft this Agreementi is determined to bei illegal or unenforceable, such provision shall be deemed amended tot the extent necessary to conform to appliçable law, or, ifit cannot be 50 amended without materially altering the intention oft the parties. itshall be deemed stricken and the remainder oft this 19. Governing Law8 & Venue. This Agreement shall beg govemed bya and construed in accordance with thel laws of the Commonwealth of Pennsylvania withoutr to conflict ofl laws principles, and any suito or cause ofa action broughtt to enforcet thet terms oft this Agréement shall only be heard in the appropriate court ofA Allegheny regard County. 20. General Provisions. This Agreement @ constitutes the entire contract between the parties with respect to the Services contemplated hereunder, (i) may be changed, modified or amended bya a wniting signed by both parties hereto, and (ii) shall be binding upon and inure to the benefit of the successors and only ofthe parties hereto. The representations; warranties andi indemnifications contained hereins shall survive thet termination oft this Agreement. Ifa any confict or differences assigns existir int this Agreement between items thata are printed and those thata are typed or witten, the typed or written language shall govern. Each party represents and. relied on any fact, stalement, representation, andlor warranty thati isr noto contained int this written Agreement. Each party herebyr represents Agreement, adv warrants thatt thes party execution and performance oft this Agreement have been duly authorized by such party and that this Agreement is a valid and binding obligation of such party, enforceable in accordance with itst terms. This Agreement may be executedi in two orn more counterparts, each ofw whichs shallb bec deemedt to bea and originalb butallofwhich: shall be deemed charges inform Contractor. damage relating specifically situated obligations to the provision of Used includes anyi injury to Customer's employees that may result from thee employee's handling or loading ofUsed Tires. under this Agreement. itsi Customer shall contract with Contractor fors such services. Contractor itssoled discretion, mayi increase! Service Fees fort that; particulari location. Agreements shallr remain inf fullf force ande effect. Pennsylvania. warrants tot the other thati it has notr made, and makes nos statements. representations andlor warranties that are not contained int this agrees, andr neither has tobe onea andt thes samei instrument. Afacsimile orp pdfs signature binds thes same as and original. Customehinitials Date November: 2016 SlandardForm Page3ois