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Home My WebLink About2011 CR Contract Creative Recycling AGREEMENT 8108 Krauss Blvd. Suite 110 Tampa, FL 33619 Phone: 800 - 797 -2062 CREATIVE R E C Y C L I N G 6 4 61 Email: Sales @CRSErecycling.com CUSTOMER INFORMATION Pickup Address: Billing Address: Multiple Locations. 218 North 2nd St, Chambersburg, Pa Pickup POC: Daniel M. Wolfe Billing POC: Daniel M. Wolfe Pickup Phone: 717 261 3855 Billing Phone: 717 261 3855 Pickup Email: dwolfe@co.franklin.pa.us Billing Email: dwolfe@co.franklin.pa.us SERVICES Pricing: Creative Recycling will recycle electronics at no charge to Franklin County Solid Waste Inventory: Do you need pallets /gaylords from Creative Recycling? Also will you need for us to deliver them prior to the collect? Yes Term: Please Check One 1 Year: 2 Year:xx 3 Year: Other: as need Reporting: Please Check One Certificate of Recycling / Media Sanitization X_ Certificate of Recycling / Media Destruction NOTES The Franklin County Planning Commission would like to set up three electronic recycling events Oct 8 , 2011 at the Southhampton Township Building, 705 Municipal Drive Shippensburg Pa 17257. Point of Contact Sam Cressler. April 28 2012 at the Washington Township Municipal Building, 13013 Welty Road Waynesboro Pa 17268. Point of Contact Michael Christopher October 13 2012 at the Metal Township Municipal Building, Route 75 Fannettsburg Pa 17221. Point of Contact Anna Swailes *Certificates of Recycling will be sent to customer 15 -25 days after pickup. Payment sent 45 -60 days after pickup. Sales Representative: Jim Kristof Phone: 813 - 621 -2319 Email: jkristof @crsereycling.com Acceptance: Customer must acknowledge reading, understanding and accepting this entire Agreement by signing this page AND the attached Terms and Conditions. Please INITIAL & SIGN where indicated on ALL pages and return by Fax or Email to Sales Representative. Company Name: Franklin County Solid Waste Date: Authorized Customer Signature: �2 Date: LO 2-3 \ k \ Initial 1 TERMS AND CONDITIONS This Agreement, made as of the date indicated on the face of this Agreement, between Creative Recycling (CRS) and the entity identified on the face of the Agreement (hereinafter known as the Customer), sets forth the terms and conditions by which CRS will provide the Customer with the services indicated below. The parties, intending to be legally bound, agree as follows: 1. Definitions: CRS, we, us refers to Creative Recycling Services, Inc., and all its employees and agents. You, Customer, refers to the entity identified on the face of the Agreement. 2. Compensation: For services performed hereunder, Customer will compensate CRS in accordance with the price schedule as set forth on the face of the Agreement. This initial fee schedule will remain in effect for a period as stated on the face of the Agreement. CRS will notify the Customer in writing 30 days in advance of any changes in its fee schedule. 3. Payment: Is due in full within the specified time under "Terms" on the front of the Agreement or within 30 days of delivery or pickup whichever is less. If no terms are indicated under "Terms" on the front of the Agreement, then payment is due on the date Agreement is executed. In the event of default of this payment, the Customer agrees to pay all costs of collection including attorneys fees and court costs. The Customer further agrees to pay an interest charge of 1.5% /month on all unpaid balances calculated to the original payment due date. In addition to all other remedies available to it at law or in equity, CRS will assess a fee of $20 on any check that is returned by the Customer. 4. Delivery: Shall take place at CRS's facilities unless otherwise specified in writing on the Agreement. All shipments shall meet US Department of Transportation (DOT) and Environmental Protection Agency (EPA) labeling and containerized specifications. 5. Inspection: CRS will inspect all electronic recycling components upon arrival at the CRS facility. Any defects or discrepancies, CRS will notify the customer as soon as practical via phone or in writing, describing any defects and discrepancies. 6. Warranties and Representations: 1) CRS will perform recycling services for electronic components in a diligent and workmanlike manner, consistent with all applicable laws and regulations. Upon request CRS will provide the Customer with written certificate of recycling. It is CRS's intention to recycle all materials, wherever practical. 2) Customer has good and marketable title to the equipment and materials free and clear of all liens, claims and encumbrances of any kind. 3) Unless otherwise mutually agreed upon by both parties, Customer represents and warrants that the electronic components do not contain any confidential or proprietary information and Customer has complied with all applicable legal requirements for protection of such information. 7. Conforming Materials: Materials that CRS agrees to recycle are limited to those set forth on the face of the Agreement. These materials hereafter will be referred to as conforming materials. Any non - conforming material received will be returned to the Customer at their expense. 8. Transfer of Title: Title to all conforming materials, whether recyclable or non - recyclable, will pass from the Customer and vest in CRS, when the recyclable material is delivered to CRS's facility or loaded upon a CRS transportation vehicle. Title to any non- conforming material shall remain with the customer. 9. Duration: The Agreement is in force for the period stated on the front of the agreement. The agreement will automatically renew at the end of this period unless changed by a new agreement as agreed upon in writing by CRS and the customer. 10. Termination: CRS may terminate the Agreement without cause by giving 30 days written notice to the Customer. If we terminate the Agreement, you will pay us per terms of the Agreement for all previously unbilled work and all outstanding invoices. If you choose to use our services after termination of the Agreement, you agree that the Agreement will again be in full force including the paragraph captioned "Duration ". Termination of the Agreement will be in addition to, and not in lieu of, any other remedies available to us. The paragraphs captioned "Compensation ", "Payment" and "Indemnification ", will survive termination of the Agreement. 11. Indemnification: The Customer agrees to indemnify, defend, and hold CRS harmless from, and against any and all liabilities, claims, costs, losses, damages, and other expenses, including reasonable attorney fees, which CRS may hereafter incur, become responsible for, or pay out as a result of damage to any property, contamination or adverse effects on the environment, or any violation of laws arising out of either parties negligence or willful conduct, in the performance of the Agreement or either parties material breach of any warranties. 12. Assignment: CRS may assign or delegate its rights or obligations under the Agreement (including operation of law) without the Customer's consent. 13. Force Majeure: Except with respect to the obligations under "Indemnification ", neither party will be liable for failure to perform hereunder due to circumstances beyond its reasonable control. 14. Entire Agreement: This Agreement and any attached exhibits constitute the full and complete understanding and Agreement between CRS and Customer relating to the subject matter and supersede all prior understandings and Agreements relating to the subject matter. Any waiver, modification or amendment of any provision of the Agreement will be effective only if in writing and signed by both parties. The provisions of this Agreement will prevail over any conflicting provisions in a purchase order, acceptance notice, or other document. Waiver: Either party's waiver or failure to exercise in any respect any right provided for in the Agreement will not be deemed a waiver of any further right under the Agreement. This agreement shall be interpreted under the laws of the State of Florida. Any civil action or legal proceeding brought under this agreement shall be resolved in the state courts of Hillsborough County, State of Florida. Initial 2 Amendment to Contract between Franklin County and Creative Recycling Indemnification: CRS agrees to indemnify, defend, and hold Customer harmless from, and against any and all liabilities, claims, costs, losses, damages, and other expenses, including reasonable attorney fees, which Customer party may hereafter incur, become responsible for, or pay out as a result of damage to any property, contamination or adverse effects on the environment, or any violation of laws arising out of CRS's negligence or willful conduct, in the performance of the Agreement or CRS's material breach of any warranties. This agreement shall be interpreted under the laws of the State of Pennsylvania. Any civil action or legal proceeding brought under this agreement shall be resolved in the Court of Common Pleas of the 39th Judicial District of Pennsylvania. FRANKLIN COUNTY BOARD OF COMMISSIONERS By: :21 David S. feller, Chairman AOP By: Robert L. Thomas ATTEST: '— By: John A . Hart, hief Clerk /Administrator Robert G. Ziobrowski ATTEST: Creative Recycling By: