2010-71 Creative Recycling AGREEMENT
1 0
8108 Krauss Blvd. Suite 110
Tampa, FL 33619
Phone: 800- 797 -2062 C R E A T I V R E C Y C L I N G
Email: Sales @CRSErecycling.com
CUSTOMER INFORMATION
Pickup Address: Billing Address:
400 12 Street 3335 Hancock Road
Clermont, FL 34711 Clermont, FL 34711
Pickup POC: Aaron Mercer Billing POC: Heather Woodmg
Pickup Phone 352394 -3350 or 352- 241 -0178 Billing Phone: 352- 241 -0178
Pickup Email: amercer @clermontfl.org Billing Email. hwooding@clermontfl.org
SERVICES
Pricing: t
Charge $10.00 per CRT TV
NC/NP on all other electronic material
NC — Pick -up fee
Inventory:
Term: Please Check One
1 Year: 2 Year 3 Year: Other
Reporting: Please Check One
Certificate of Recycling / Media Sanitization x Certificate of Recycling / Media Destruction
NOTES
Services will include• processing, media sanrtization and proper recycling of end of hfe and/or miscellaneous electronic
material. All equipment will be processed while complying with all applicable Federal, State, and local laws
1. Customer will have the material for recycling centralized and ready for pickup.
2. CRS will provide: pick up, palletizing of material, replenishment of gaylords and pallets, and transport to
the nearest CRS facility.
3. Once received, material will be sorted, inventoried; and then properly processed.
4 CRS will provide a Certificate of Recycling to Customer for all materials received
Bi- monthly pick -ups due to they have storage issues.
*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 ext 212
Email: jkristof @crserecycling.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: City of Clermont, FL Date: 2/8/2011
Authorized Customer Signatu . Date: czei - /b "a 4 /
Authorized Contractor Signature: ) - f y� _ "' / Date: 2/8/2011
Customer Initials 1
Contractor Initials 1 iiL
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 attorney's 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 retumed 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, descnbing 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 propnetary information an d 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
matenais hereafter will be referred to as conforming materials Any non - conforming material received will be retumed 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 matenal 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 wnting 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 Maieure: 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 wnting
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.
Customer Initials 2
Contractor Initials 2 :Ti'