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HomeMy WebLinkAboutVI(C) Discussion/ Action Re: Assignment Of Commercial Solid Waste Collection Franchise Agreement From Western Waste Industries To Jennings Enviormental Services, Inc Ocoee AGENDA 11-05-96 0, " -- .,-41 6 Item VI C of Goo RICHARD W. CORWIN PUBLIC WORKS DIRECTOR 560 FLEWELLING AVE. •OCOEE,FL 34761 PHONE(407)877-8420•FAX(407)877-0392 MEMORANDUM TO: Honorable City Commission FROM: Richard Corwin, Director of Public Works RE: Assignment of Commercial Solid Waste Collection Franchise Agreement: Western Waste Industries to Jennings Environmental Services, Inc. DATE: October 10, 1996 In May and June of this year Western Waste Industries and Jennings Environmental Services, Inc. were acquired by USA Waste Services, Inc. USA WasteServices has chosen to conduct their commercial collection services under the Jennings Environmental Services, Inc. name. There will be no changes except those which will improve collection services and equipment appearances. I have visited their facilities and observed eight new trucks as the first shipment of 25 new trucks scheduled to be placed in service. Many containers were in the process of being cleaned,upgraded and repainted. They are in the process of acquiring additional acreage and larger facilities for vehicle maintenance and storage. With the acquisition of collection equipment we should experience an enhanced level of service. Several references were randomly called to verify levels of service and all spoke highly of Jennings and was pleased with their service. I have had one unfounded complaint from one contractor at the West Oaks Mall and none from their service area within the City. It is my recommendation that we permit the assignment of the Western Waste Services franchise to Jennings Environmental Services, Inc. We have been provided all the required documents requested by the City. Attached are three signed original "AGREEMENT OF ACCEPTANCE" between Western Waste Industries and Jennings Environmental Services for your signature of approval. Rc/ cc: Ellis Shapiro, City Manager Wanda Horton, Finance Director THE PRIDE OF WEST ORANGE AGREEMENT OF ACCEPTANCE (Garbage Collection Franchise Agreement) THIS AGREEMENT OF ACCEPTANCE is made and entered into this day of , 1996 by and between JENNINGS ENVIRONMENTAL SERVICES, INC., a Florida corporation ("JES"), whose mailing address is P.O. Box 6862, Longwood, FL 32791-6862, WESTERN WASTE INDUSTRIES, a Florida corporation ("WWI"), and the CITY OF OCOEE, a Florida municipal corporation("the City"). WITNESSETH: WHEREAS, the City and WWI have previously entered into a Commercial Garbage Collection Franchise Agreement, dated September 6, 1995 ("the Franchise Agreement"), granting WWI an exclusive franchise for the collection of commercial garbage within the corporate limits of the City; and WHEREAS, WWI desires to assign the Franchise Agreement to JES, assigning all of WWI's rights and responsibilities under the Franchise Agreement to JES; and WHEREAS, the provisions of Section 17 of the Franchise Agreement provide that no assignment shall be effective until the City has approved the assignment and the assignee has executed with the City an Agreement of Acceptance; and WHEREAS, WWI and JES have requested that the City consent to the assignment of the Franchise Agreement to JES and approve all documents necessary to accomplish such assignment; and WHEREAS, subject to the terms and conditions set forth herein, the City desires to approve the assignment of the Franchise Agreement and all of the rights and responsibilities thereunder from WWI to the JES. NOW THEREFORE, in consideration of the premises set forth above and other valuable considerations, the receipt and sufficiency of which is hereby acknowledged, JES, WWI and the City hereby agree as follows: (1) The above recitals are true and correct and are incorporated herein by reference as if fully set forth herein. 1 (2) JES represents and warrants to the City that the Franchise Agreement and all of the rights and responsibilities of WWI thereunder have been duly assigned and transferred from WWI to JES and that JES has accepted such assignment and transfer. (3) JES hereby agrees to be bound by all of the terms and conditions of the Franchise Agreement and hereby assumes all. of the rights and responsibilities of WWI thereunder in the same manner as if JES were the original signatory to the Franchise Agreement. (4) JES hereby ratifies the Franchise Agreement and acknowledges that it is in full force and effect and that JES is bound by all of the terms, conditions and limitations thereof. (5) All references in the Franchise Agreement to the "Franchisee" shall hereafter be deemed to refer to JES. (6) All notices to the "Franchisee" shall hereafter be sent to JES at the address indicated on the first page of this Agreement of Acceptance. (7) WWI hereby joins in this Agreement of Acceptance for the sole purpose of acknowledging that it has assigned and transferred the Franchise Agreement to JES along with all of its rights and responsibilities thereunder: (8) Subject to the terms, conditions and limitations set forth herein, the City hereby consents to and approves the assignment of the Franchise Agreement to JES as set forth herein. (9) Nothing _contained herein shall be construed to relieve WWI of its obligations -under Section 15,. Books and Records, and Section 18, Indemnification, of the. Franchise Agreement, which obligations shall survive the assignment to JES and remain binding on WWI; provided, however, that IFS may discharge such obligations on behalf of WWI. (10) This Agreement of Acceptance shall become effective upon execution by all of the parties hereto. (11) The terms of the_ Franchise Agreement remain in full force and effect except to the extent expressly set forth herein. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by its proper officers as of the date and year first,above written: 2 Signed, sealed and delivered JENNINGS ENVIRONMENTAL in the presence of: SERVICES, INC. :6ie ::171 : • W' ess )(1116(1V1- Name: �� i7) Title: Regional Vice President Witness Executed on: October 7 , 1996 Signed, sealed and delivered WESTERN WASTE INDUSTRIES in the presence of: ' •B de/ L Y Witness Print Name: Robert J. Hyres"6L(C.4-4kCetec Title: Governmental Contracts Manager Witness ' Executed on: October 7 ,_1996 3 Signed, sealed and delivered in the presence of: CITY OF OCOEE, FLORIDA • By: Witness S. Scott Vandergrift, Mayor Witness Attest: Jean Grafton, City Clerk (SEAL) Executed on: , 1996 FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA COM1'IISSION AT A MEETING APPROVED AS TO FORM AND HELD ON , 1996 LEGALITY this _ day of , 1996. ' UNDER AGENDA ITEM NO. FOLEY &.LARDNER By: City Attorney CAWP511DOCS EKA\OCOEE\JES.AGR I9/10/96I 18W014I BKA:gm 4