RECEIVED DEC19-2024 BY: fuNhAAS ORIGINAL Board of Commissioners Agenda Item Transmittal Form Procurement/ContractTransmittal Form Type ofcontract: 1y yearx Multi-year Single Event Contract #:2022-15 4 BOCA Approval Date: Submission Information Contact Name: Andrew Hammer- 7268 Department: General Services - Fleet Services ProjectTitle: 2025 Drop and Hook Agreement Vendor Information Vendor Name: Quality Tire Recycling, LLC. Address: 465 Mallet St PO Box 941 Jackson, GA 30233 hurordelperytrecom 770-775-3304 Patty Burford -Fleet Services - FLEET Address: Email: Phone #: Contact: Funding Account Number: 100-4900-522110-42 Contract amount: $5,685.00 Contract' Type: Goods0) Services(X) Labor0) Contract. Action: New0) Renewal (X)Change Order 0 Original Contract! Number: C2018-128-E Finance Director Signature Ihave reviewed the attached contract, and the: amount is Aentihag Term ofc contract: 1 year TTheough 12)7125 Procurement Manager Signature Ihave reviewed the: attached contract, andi itisi in compliance with Purchasing Policies of approved fot processing. Signature lebs Date: soe LpmL Detailed Summary of Contract: months of rent for the tire cage. each: $565.00 = $5,085.00 Rentwal Fleet Services recommends a one (1) year renewal with Quality Tire Recycling for recycling Rockdale County'stires utilized by the vehicles and equipment in 2025. The total amount for the yeari is $5,685.00. This includes 9 pulls and 12 9 at pulls 1554150 Oldpria 12 months of storage at $50.00 per month: = $600.00 Departmemtoaa/Ppdted Official Signature: Date: 1a118l24 MT 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 cost is: a. $7.50 each for car rims b. $30.00 each fors semi tractor trailer rims, business days. 3. Amnesty trailers are charged a minimum ofl 101 tons and are on site no more than 5 4. Live loads include 21 hours wait time: additional time is billed at $100.00 per hour. 5. Farm tractor tires over 5' x 2' are billed at $500.00 pert 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 *** Ifv we receive any unacceptable materials on a load: Iti time warning notification 2ndt time- $500.00 fee 3rd time $500.00 fee and we will potentially stop accepting loads Chorir 4 CED Customer Signature - Title Date Approved as tof form M. Qeder A. Balg, County Attomey ATTEST: Jennifer O. Rulledge, County Clerk FmH4 Contractor: Quality Tire Recycling, LLC 465 Mallet Street P.O. Box 941 Jackson, GA: 30233 Phone: 770.775.3304 Price Change Service Change Quality Tire Recycling DROPA ANDI HOOK AGREEMENT Customer Status: New Customer Existing- New Agreement Servicel Type: Drop8 &Hook o Cage Contract Customer/ /Invoicet to: Rockdale County Fleet Maintenance Exising-Agreement Renewal RollO# Customer Accountr number: 22755 Customer Name: Address: Ciya and State: County: Phone Number: E-MailA Address: Check One: ServiceLocation: Location! Name: Address: City ands State: County: Phone! Number: E-MailA Address: Service Contact Effective Date ofs Service:. 1/1/2025 FEINNo.: Zip Code: 30012 Faxi Number. 2570 Old Covington Hwy SW Conyers. GA Rockdale 770-278-7201 Proprietor ken.s switgrockdlalecounygas gov Angel. KmagReaN:COaryAg. Partnership CorpD Stated ofl Incorporation: Service: Trailert transportation: andp processing. recycling andlor disposal of Customer's usedt tires (Used Tires"). Zipc Code: Fax! Number: Title: Estimated' Volume:. Select one: tons pery year Jloads pery year Term: 12r months $ $ 15.00 50.00 525.00 extra $25.00 ServiceFees (Subjectto annuala adjustment pursuant tos Section3 3oft the attached General Conditions): Freight: Environmental Fee: Container DropF Fee: Container Rent: Cost Perl Loado orT Ton: Overweight Charge (exceeding 15t tons perl load): SlandbyFee: Rim Removal Fee: CurrentD DieselF Fuel Surcharge: Minimum BillingF Perl Load( (fa applicable) BillingT Terms: o COD Credit Special Conditions: 1.. see Page 4" "Amendment to Service Agreement 2. Customer iss serviced with a 12' cage. Customer Signature: / Print Customer Name andl Title: Contractor Signature: Print Contractor Name andl Title: Servicel Type selecto one): DonCall Schedule November 2016 SGATTEST: per (check one): load ton per (check one): load Jton perh hour pert tire %percentage ofbilledr revenue ord charges tons (Customert toi initialb below) Date: Date: JaNrcg? Vo K aiv CEO fhg DougBernhardt RVP Service Frequency (selecto one): a H Ifweekly, estimated collections pery week: D1 DDDDDD Ifnoty weekly. thene every: DJ2wks DJ3wks D4wks Dswks DJowks DJoher. ApproveurasToom M. Qader A. Baig, County Attorney Page1 1ots Jennifer O. Rulledge, County Clerk GENERAL CONDITIONS OF DROPA ANDI HOOK AGREEMENT Contractor named above or any ofi its applicable subsidiaries or affiliates performing hereunder ("Contractor"? hereby warrants to Customer that all Used Tires collected from Customers shall ber recycled, including reuse,ina accordance witht theu usedt tirer rules enacted bys governing! local, state andf federalr regulatory 1. Term. Thei initial term oft this Agreement shall be welve (12) months, commencing ont the Effective Date of Service, as may be extended herein ("Term'). AL the end of the initial welve (12) month period and on each anniversary therealter, the Term shalla automatically be extended by one (1) additional year unless, ati least sixty (60) days prior tot the end of the Term, onep parly hereto notifies the other party hereto, in writing, thati ito does not wish to extend thel Tem beyond! thet then current expiration dale. Such automatice extension and option to cancel such automatice extensions shall continue untilt this Agreemente expiresi in accordance witht thet terms oft this provision, or ist terminateda as otherwise provided! herein, oris terminated by the mutual agreement oft the parties hereto. Contractor agrees that if Customer no 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 terminale this Agreement by delivering written notice to Contractor at least sixty (60) days prior tot the intended termination date and making payment ofa all amounts due Contractor on or before such intended termination date. Int the event Customer terminates this Agreement other than asp provideda above, or Contractor terminates this Agreement as a result of Customer's breach, Customer shall pay Contractor, as liquidated damages, Customer shall pay! the average ofi itsp past monthly charges multiplied byt the 2. Exclusivity. Contractor hasi invested--and based upon this Agreement will invest-capital, expertise, time andr resources top perform this Agreement. Accordingly, during the Term of this Agreement, (1) Customer agreest to deal, negoliate, and contracte exclusively with Contractor for any and all Used Tirer related services providedb by Contractor to Customer under this Agreement, including without limitation, thet transportation, processing. recyding, resale, and/or disposal af Used Tires (collectively, "Services"), (2) Customer agrees nott to deal, negotiate, and/or contractv witha any other person, corporation, or other entity--whether directlya andori indirectly--for Services, and (3) in connection with this Agreement, the parties agree that each will not, directly or indirectly, interfere with, circumvent ora attempl to circumvent, avoid, by-pass. hinder, evade, ord obviate (a)o onea another, (b)e each other'si interestsi inort tot theb benefits oft this Agreement, andlor (c) the interests or relationships that either party has with any other person, corporation, or other entity including without limitation customers, manufacturers, producers, sellers, buyers, vendors, brokers, dealers, distributors, refiners, and/or shipperst to affect, change, increase, decrease, and'or avoid, directly ori indirectly, thec obligations ofc onea another under thisA Agreement. Fees, Charges and Payment. Customer shall pay Contractor forit its Services in accordance with the Service Fees setf forth ont thef first page of 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 set forth herein shall be adjusted after the first anniversary oft the Effective Date of Service to reflect (a) increases in the Consumer Price Index, and (b) an annual fourp percent (4%) increase ofa all Service Fees and other charges hereunder. TheF Rim Removal Fees shall bec charged fore each ande every Used Tire that! has not been derimmed. Customer shall prepay the Trailer Drop Fee and thec costo oft thef first! load when thef firste emply traileri is delivered. Thereafter, Customer shall prepay Contractor for each load when ther replacement trailer is delivered unless credit is extended and approved, inv which case payment shall be due within fifteen (15) days ofi invoice. Contractor has ther right, ini itss sole discretion, to pass throught to Customer any and alle environmental costr recovery charges, environmental compliance charges or other similar charges related to upgrading or maintaining Contractor's facilities, incuding without limitation such charges which Contractor incurs in order to operate any or all ofit its ladilities at operating standards which are in excess of what may be required by applicable federal, state or local environmental laws or regulations. Interest shall accrue and be charged on all past due amounts att ther 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 attoreys' fees. lfp paymenti is not made when due, orif Customer otherwise breachest thet terms oft this Agreement and fails to curet thes samev withinf five (5) days ofv written notice ofs such breach, Contractor may remove any equipment on Customer's premises, suspend thep provision of Services andior terminate this Agreement upon written notice to Customer, inv which event Contractor shall be entitledi to 4.Fuel Surcharge. Contractor may impose a fuel surcharge int the event! the cost of diesel fueli increases ala any time. orf from time tot time, during the Term. The fuel surcharge shall be calculated based oni increases in the cost ofo diesel fuel as published by the Energy Information Administration oft the US Department of Energy (www. eiadoe.gov) (EIA") as determined by Contractor at any time, orf from time tot time, during the Term of this Agreement over a base cost of $1. 30 per galion (the "Fuel Surcharge Percentage"). The resuling Fuel Charge Percentage shall ber multiplied byt the aggregate of Customer's billed Service Fees and other charges for the period determined by Contractor in order toc determine the amount ofs such fuel surcharge. Thef fuel surcharge as oft the date ofe execution oft this Agreement shall bet the percentage setf forth on page 1ofthis Agreement, andr may! bei increased ord decreased ata anytime, orf fromt time tot time, byt the Contractor asr necessarya anda appropriate. 5. Govemmental Taxes, Fees and Charges. Customer shall be responsible for any and all taxes, fees or other charges imposed by local, state orf federal laws 6. Equipment. Thev word" equipment" as used int these General Conditions shallr mean over-the-road! bulk trailers provided! by Contractor to Customer fort thes storage and transportation of Used" Tires. Alle equipments shall remain thep property of Contractor and Customer shall have nor right, tite ori interest ins such equipment. Contractor shall have the absolute right tor remove orr replace any and alle equipment ata anyt time, and Customer shall bec obligated to eliminate any obstruction thatr might hinder Contractor inremoving orr replacing the equipment. Cuslomers shallp provide as stable, paved parking space for the equipment, ands shall noto overload, move or alter thee equipment, or uset thee equipment forp purposes other thant thes storage ofl Used Tires to be collected by Contractor. Customer shall ber responsible fort the equipments salekeeping. and shall beli liable to Contractor fora alll loss andior damaget tot the equipment while in Customer's possession (includingf fire andt theft) except forr reasonable wear andt tear. On collection day. Contractor shall have clear, unimpeded access to thee equipment. Ifthe equipment is blockeds soa ast to delay orp prohibit collection, any additional collection cost shall be classified as an extra pick-up and charged to Customer's account or Contractor may charge the Slandby Fee. Customer agreest 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 at all times be covered from all suchl losses and risk and as Contractor may reasonably require, fort thet benefito of Customer and Contractor. Upon request, Customer shall provide Contractor with ani insurance certificate evidençing the foregoing coverage. Customer shall not sell, lease, lend, move, transfer. encumber or pledge any equipment localed on Customer's premises ora allow anyt third parties tor move ore 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 oficial or unofficial, andr noto otherwise subjectt toa a'destroy only' obligation. Customer also warrants that thel Used Tires delivered to Contractor shall bei in as drya condition as possible (no more than 10n milliliters ofv wateri ine each) ands shall bef free of oil, petroleum and any other hazardous ort toxic wastes as defined! byk local, state or federall laws and/or regulations. Itis understood and agreed that Customer shall not deliver to Contractor any split or chopped tires, solid rubber tires, baled tires, tires containing a heavy accumulation of dirt, ort tires exceeding 541 inchesi in heighto or 16i inches iny width Lor any waste othert thanl Used Tires (collectively, "Unacceptable Waste'). Customer further agrees that if any Unacceptable Waste is delivered by Customer, Contractor may, ati its election, Q return such Unacceptable Waste to B. Title. Tile to the Used Tires shall pass to Contractor upon either the D payment of Contractor's Service Fees and other charges due for such Used Tires. or() agencies. number ofmonthsr remainingi inthe Term. recover alla amounts then due and, inthee evento oft termination, thel liquidated damages describeda above. andlor regulations upon thec collection, transportation, processing, recyclinga andior disposalo of Customer'sUsed Tires. givei its secured lenders noticet that Customer does noth have an ownershipi interesti int thee equipment. Customer, or (i) charge as supplemental feet to Customer for special handlirg andior disposald ofsuch Unacceptable Waste. Customérnitals Date November 2016 StandardForm Page2atlf removal of such Used Tires by Contractor from Customer's premises. If Customer fails to pay Contractor's Service Fees and/or other option, may unload andlor retum Customer's Used Tires, in which event Customer shall remain liable to Contractor for oft the charges, Contractor, atits duef fors suçh Used Tires. Notwithstanding thef foregoing, tilet to andl labllityf for Non-Conforming Tiress shalla always remainwith 100% Customer. Service Fees and other charges 9.F Provision ofServiçes. To the extent not othewise covered! byi insurance, Contractor shall ber responsible for any actions of Contractor, its agents ore employees in connection with providing the Services to Customer pursuantt damagest tot this shall not ber responsible fora any damagesi if Customer was aware ofa any condition affecting Customer's property which contributed Agreement; too or provided, caused however, that Contractor 10. Indemnity and Related Provisions. Customer agrees top pay, indemnify, defend, and! hold hamless Contractor andi its and agains! any and allo claims, causes of actions, controversies, demands, damages, losses, costs, fines and/or! liabilities employees, (collectively, agents, and representatives from andiora arsing outo of( (1) thec operation, use, orp possession oft the equipment by Customer, (2) each and every Cusiome's property andlor Used Tires, including the delivery of Unacceptable Waste, (3) Customer's breach deficiency, or defect, nonperformance and/or other condition of representation or warranty made by Customer hereunder, (4) Customer's activities in connection with this Agreement or the Services, and of any covenant, provision, any laws or regulations, save ande except for Causes ofA Action resulting from Contractor's wilul misconduct or includes without limitation claims and causes of action for death, personal injury, andlor damage to property grossly or the negligent environment. This indemnification provision applies to and includes any injury to Customer's employees thatr may result from thee employee's handing ork loading ofUsedi Tires. 11. Insurance. Ina additiont to Customer's obligations under Section 61 hereol, Customer shall maintain insurance int types and amounts appropriate persons. Withoutl limiting the foregoing, Customer shali canyi insurance adequate to cover all potential liabililies related toi its business andi 12. Right to Compete. Customer grants Contractor ther rightb to compete with any olfer which Customer receives (or intends tor Tire collection, transportation, processing, recyling, resale andlor disposal services upon the temination of this Agreement. make)r and relating tot the Contractor provision ofl Used nolice of any such offer and ar reasonable opportunity to respond toi it. IContractor agrees to provide services on the same terms agrees as those to give 13. Sellng Used Tires. Customerr recognizes the value tot the Contractor fort those used tirest that can! be culled ands sold asa au used tire. The furthera acknowledge and agree that the pricing oft the Service Fees set forth in this Agreement is premised upon no theft ar diversion of Used Tires from the parties locations. implement procedures to ensurei individuals or businesses do not tot take, purchase, or damage such good used tires from the Customer's locations. Customer Customer shall take precautions to keep used tires secure and contained to eliminate the risk of tire theft or damage. If such theft occurs, Customer shall aocess to is loss prevention department and cooperate with alli investigations and possiblep prosecutions ofsucht theltp perpetrators. Ifsucht thelt continues, provide Contractor, Contractor at 14. Default and Remedles. Int the event either party breaches this Agreement and fails to cure any such breach within five (5) ofv written notice delaulting partys shall havea allr rightsa andr remedies setf forthi int this Agreement anda allr rights andr remedies available atl lawo orine equity. days 15. Force Majeure. Except for their respective obligations top paya any sums ofr money due hereunder, each party heretos shall be excused for any delay failure perfomance oft their respective obligations hereunder, and shall not be liable for lailure to perform or considered in defauit hereunder, ifa and to the extent orf that int such the delay orf failure is caused by occurrences beyond such party/s reasonable control andi is noto caused by such party, including. but notl limitedt to, governmental laws regulations, strikes or other labor disputes, civild commotion, sabotage, acts ofterrorism, war, fire, casually, flood, earthquake, explosion, weather, ora acts ofGod. 16. Notice. Any notice tob beg givent hereunder shall beir iny writinga and shalll be delivered! by! hand, certifiedr mail or ovemight courert to ther respective forth ont thefi firstp page ofthisA Agreement ors such othera address ase eitherp party shall designale byy written notice tot the other party. Anys suchr notices shall party be deemede att the effectively set serveda as ofthe date ofd delivery unless deliveryisn refusedo orc cannot ber made, inv whiche eventr notice shallbe deemed giveny uponn mailing. 17. Waiver. The failure of Contractor or Customer to enforce, at any time orf for any period oft time, any one or more oft thep provisions this construed to be, ands shall not be, awalver ofa any such provision orp provisions or ofit its right thereafter loe enforoee each ande every suchp of Agreement shall not be paymentt to Contractor constitutes afull andf final release dfanyo claims that Customer may! have against Contractor. 18. Severability. Ifany provision oft this Agreement is deterined to bei illegal or unenforceable, such provisions shall be deemed amended tot the extent conform to applicable law, or, ifit cannot bes so amended withoutr materially altering the intention oft the parties, its shall be deemed stricken and the remainder necessary oft this 19. Goveming Law & Venue. This Agreements shall beg govemed by and construedi ina accordance witht thel laws oft the Commonwealth ofF Pennsylvaniay withoutn to conficto ofk laws principles, anda anys suito or cause ofa action broughtt to enforce thet terms oft this Agreements shall only be! heardi int the appropriate court ofA Allegheny tregard 20. General Provislons. This Agreement () constlutes the entire contract between the parties with respect to the Services contemplated hereunder, bec changed, modified or amended by av writing signed by both parties hereto, and (ii) shall be binding upon andi inure bot the benefit of the successors (i) and may only ofthe parties hereto. The representations, warranties andi indemnifications contained herein shall survivet thet termination oft this existi int this Agreement betweeni iems that are printed andt those that aret typed orv written, thet typed or written language shall Agreement Eachp lfany confict or differences warants tot the other thati ithasr notr made, andr makes nos statements, representations and/or warranties that are noto contained govem. in this party agrees, and represents and relied on any fact, statement, representation, andlor warranty thatis is noto contained Int thisv writien Agreement. Each herebyr represents Agreement, warrants thatt neither party execution has andp performance oft this Agreement have been duly authorized bys such party and that this Agreement isa valid party and binding obligation adv ofs such thee in accordance withi itst terms. ThisA Agreementr may bee executedi int two orn more counterparts, each ofwhichs shalll bed deemed tobea and originalb butallofwhichs party, shall enforceable be deemed to Customer's property directiy resultingf from such damage and didn not characteristic, "Causes of Action') relating to conduct. This (5) Custome's violation of inform Contractor. specifically for similarly situated itsi indemnification obligations written set forth in the offer, shall undert this Agreement. Customers shall contract with Contractor for suchs services. itssoled discretion, mayi increase Sevice Feesf fort thatp particulark location. therof, the non- or address provision; provided, however, final to County, assigns Agreement shall remaininh fullforcea ande effect. Pennsyivania. tobeonea and thes samei instrument. Afacsimileo orp pdfsignature bindst thes samea as and original. /. Customeri ihitals Date November 20165 StandardForm Pgasalf