2005-113 Accepts Bid of Waste Mgmnt. for Hurricane Debris Disposal~.
RESOLUTION NO. 113-2005
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, ACCEPTING THE BID OF WASTE MANAGEMENT, INC., OF
FLORIDA ("WMIF"), A FLORIDA CORPORATION, FOR THE COLLECTION AND
DISPOSAL OF DEBRIS GENERATED FROM HURRICANE WILMA; CONFIRMING THE
AUTHORITY OF THE VILLAGE MANAGER TO EXECUTE THE MEMORANDUM OF
UNDERSTANDING FOR COLLECTION AND DISPOSAL OF HURRICANE DEBRIS
WITH WMIF ATTACHED AS EXHIBIT "A" AND MADE PART HEREOF; AND,
PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA:
Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby
accept the bid of Waste Management, Inc., of Florida ("WMIF"), a Florida corporation, for the
collection and disposal of debris generated from Hurricane Wilma.
Section 2. The Village Council does hereby approve the Memorandum of Understanding for
collection and disposal of hurricane debris with Waste Management Inc., of Florida (WMIF), a
Florida corporation, and hereby confirms the authority of the Village Manager to execute said
Memorandum of Understanding on behalf of the Village of North Palm Beach.
Section 3. This resolution shall take effect immediately upon its passage.
PASSED AND ADOPTED THIS 8TH DAY OF DECEMBER, 2005.
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MEMORANDUM OF UNDERSTANDING
FOR COLLECTION AND DISPOSAL OF HURRICANE DEBRIS
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This Memorandum of Understanding is dated this ~ day of /~W'~""'"2005 by and between
WASTE MANAGEMENT, INC. OF FLORIDA ("WMIF"), a Florida corporation, and the
Village of North Palm Beach, Florida, a municipal corporation ("Village").
WHEREAS, the Village has been impacted by Hurricane Wilma and desires that WMIF
provide loading, hauling and disposal services for debris generated by the storm and staged at the
Anchorage Park Temporary Debris site; and
WHEREAS, WMIF desires to provide'above mentioned services for such hurricane
generated debris; and
WHEREAS, the parties desire to memorialize their agreement as set forth herein; and
NOW, THEREFORE, in consideration of these premises and for other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as
follows:
1. COLLECTION
A. DEBRIS AND SERVICES. WMIF shall collect all Hurricane Wilma Generated
Debris (as herein defined) From the Village's Temporary Debris site and transport same to
WMIF'S designated reduction/disposal sites. Hurricane Wilma Generated Debris is
nonputrescible debris from the storm that is primarily composed of vegetative debris but not
contain Class I solid waste nor any regulated quantity of medical, hazardous or spec 1 ste. All /
debris collected by WMIF shal be done so in compliance with applicable lawuK~ ~ CQ~I~Por
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B. COMPENSATION. illage shall pay WMIF the following rate for loading, hauling
and disposing of all Hurricane Wilma Generated Debris (the rate includes disposal):
$11.00 per cubic yard as determined by the actual volume of the load for clean
horticultural waste, as confrmed by the Village's monitor and verified by WMIF's
authorized representative.
2. DISPOSAL
A.DEBRIS AND DISPOSAL FACILITIES. WMIF shall deliver or cause to be
delivered all Hurricane Wilma Generated Debris (as herein defined) to WMIF'S; disposal
facilities at Pompano Beach ("Delta Recycling Pompano") and/or Davie ("Delta Recycling
Davie") or any other authorized Palm Beach or Broward County Disposal Facility. Hurricane
Wilma Generated Debris is nonputrescible debris from the storm that does not contain Class I
solid waste nor any regulated quantity of medical, hazardous or special waste. All debris
delivered to a WMIF facility shall be in compliance with applicable law and the facility's permits.
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B. COMPENSATION. Village shall pay WMIF the aforementioned rate for loading,
transportation and disposaUreduction/reuse of Hurricane Wilma Generated Debris.
Village shall pay WMIF pursuant to the terms set forth in Exhibit A annexed hereto.
3. INDEMNITY. Each of WMIF and Village shall indemnify and hold harmless
the other and its affiliates, officers, directors, officials and employees, from and against all
liabilities including, without limitation, those relating to the environment, expenses (including but
not limited to reasonable attorneys' fees and expenses of investigation and litigation), claims,
damages, fines and penalties which any person or entity may at any time suffer or sustain or
become liable for by reason of the delivery of any material that fails to conform to the definition
of Hurricane Wilma Generated Debris, including, without limitation, violations of applicable
laws and rules, contamination or impacts on the environment that violate applicable law, rules,
directives, orders or permits, property damage, injuries resulting in death or injury to persons and
property, or to any persons in any manner caused by or resulting from the negligent acts,
omissions or willful misconduct of the subject party, its designee, contractors or any employees
or agents of such entities. This Agreement is not intended nor shall it be construed as a waiver by
the Village of the provisions of Florida Statute 768.28, Waiver of Sovereign Immunity in tort
actions.
4. TERM. The term of this Memorandum of Understanding shall continue for such
period as is necessary or convenient to dispose of all Hurricane Wilma Generated Debris in the
Village but not longer than six months from the date hereof. WMIF agrees to collect, transport
and dispose all Hurricane Wilma Generated Debris in the Village within the term of this
Agreement.
IN WITNESS WHEREOF, this Memorandum of Understanding is executed by the authorized
representatives of the parties as of the day and year first above written.
ATTEST:
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WASTE MANAGEMENT~):AIC.,b1~ FLORIDA
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VILLAGE OF NORTH PALM BEACH
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EXHIBIT A
PAYMENT TERMS
WMIF shall tender Village a statement of the compensation due WMIF on a weekly basis.
Village shall pay the statement biweekly. It is understood that the Village's failure to receive
monies from FEMA or other agencies shall not abrogate Village's obligation to pay WMIF for
services rendered hereunder. In any event, all monies due WMIF hereunder shall be paid in full
with 30 days after completion of disposal activities by WMIF. Village shall pay interest on the
unpaid balance at a rate of 1 ''/i% per month not to exceed the highest lawful rate. In the event
that WMIF engages in collection activities due to Village's non-payment and WMIF is the
prevailing party, Village shall pay WMIF's reasonable attorneys' fees and costs relating to any
collection activities. Failure of Village to make timely payment shall permit WMIF to suspend
acceptance of material from Village and/or terminate this Memorandum of Understanding, in
addition to all other rights and remedies WMIF may have at law or in equity.
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