Loading...
HomeMy WebLinkAboutItem 03(b) Approval of Temporary Service Agreement with Waste Connections of Florida, Inc. ocoee florida AGENDA ITEM COVER SHEET Meeting Date: January 21, 2020 Item # 3 b Reviewed By: / Contact Name: Stephen C. Krug Department Director: /j Contact Number: 6002 City Manager: �% . - Subject: Temporary Service Agreement with Waste Connections of Florida, Inc. Background Summary: The City Commission elected to expand the Commercial and Multi-family Solid Waste Franchise with Waste Connections (WC) to include Residential Collection at the August 20, 2019 meeting. Public Works provided an update on the progress at the January 7, 2020 stating the transition start has been pushed back due to industry wide new truck delivery delays. In order to begin implementing the transition, Public Works is requesting Commission approval to enter into a Temporary Service Agreement with WC to take over two (2) of the existing residential routes. The cost will be based on the contracted monthly cost per households on the routes per the terms and conditions of the Exclusive Franchise Agreement between City of Ocoee, Florida and Waste Connections of Florida, Inc., for the Collection of Residential and Commercial Solid Waste and Recyclable Materials. Public Works recommends approval of the Temporary Service Agreements to ensure route coverage during the transition. Issue: Request Commission approval to for Temporary Service Agreements with Waste Connections to take over two (2) existing residential solid waste routes. Recommendations: Recommend the City Commission approve entering into a Temporary Service Agreement with WC to take over two (2) existing residential solid waste routes based on the contracted monthly cost per household on the routes per the terms and conditions of the Exclusive Franchise Agreement between City of Ocoee, Florida and Waste Connections of Florida, Inc., for the Collection of Residential and Commercial Solid Waste and Recyclable Material until the full transition is completed and for the Mayor and City Clerk to execute the agreement. Attachments: Temporary Service Agreement. Financial Impact: The temporary service agreement and transition is being funded through the Solid Waste Division. Type of Item: (please mark with an `x') Public Hearing F r Clerk's Dept Use: Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda X Commission Approval Discussion& Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. ��a� e�e.��. �Lp� N/A Reviewed by ( ) N/A 2 • Waste Connections of Florida,Inc. TEMPORARY SERVICE AGREEMENT 1099 Miller Dr,Altamonte Springs, #00326051 \'l'A\•rn(X)N\ICHONS Florida 32701 P:(407)261-5000 F:(407)831-3054 SERVICE LOCATION BILLING INFORMATION Customer Name Cu,tumer Name CITY OF OCOEE CITY OF OCOEE Address Address ROUTE 746(2569-HOMES)//ROUTE 747(2470-HOMES) 150 N.LAKESHORE DR. City.Suuo,Zip City.State.Zip OCOEE,FL,34761 OCOEE,FL,34761 Contact Contact STEVE KRUG STEVE KRUG Phone Phone (407)905-3170 (407)905-3170 Email Emu skrug@ci.ocoee.fl.us skrug@ci.ocoee.fl.us SERVICES AND RATES Effective Date:February 3,2020 SERVICE-RES Recycle Temporary 95 gallon Cart Every Other Week QUANTITY TOTAL PRICE 5039.00 $0.00 Basic Service Charge MONTHLY $0.00 Relocate Container SERVICE $0.00 Lock Delivery SERVICE $0.00 Lock Bar Install SERVICE $0.00 Contaminated Lift SERVICE $0.00 Container Repair SERVICE $0.00 Container Removal SERVICE $0.00 Container Exchange SERVICE $0.00 Container Delivery SERVICE $0.00 SERVICE-RES Trash Temporary 95 gallon Cart 2X Per Week QUANTITY TOTAL PRICE 5039.00 $0.00 Basic Service Charge MONTHLY $101535.85 Container Delivery SERVICE $0.00 Relocate Container SERVICE $0.00 Lock Delivery SERVICE $0.00 Lock Bar Install SERVICE $0.00 Contaminated Lift SERVICE $0.00 Container Repair SERVICE $0.00 Container Removal SERVICE $0.00 Container Exchange SERVICE $0.00 SERVICE-RES Bulk 1X Per Week QUANTITY TOTAL PRICE 5039.00 $0.00 Basic Service Charge MONTHLY $0.00 Relocate Container SERVICE $0,00 Lock Delivery SERVICE $0.00 Lock Bar Install SERVICE $0.00 Contaminated UR SERVICE $0.00 Container Repair SERVICE $0.00 Container Removal SERVICE $0.00 Container Exchange SERVICE $0.00 Container Delivery SERVICE $0.00 Page 1/3 THE CUSTOMER AGREES THAT WASTE CONNECTIONS OF FLORIDA INC.SHALL HAVE THE RIGHT TO ADD A SURCHARGE TO THE CUSTOMER INVOICE AS A RESULT OF INCREASED DISPOSAL IF THE CUSTOMER'S WASTE MATERIALS EXCEED AN ESTIMATED AVERAGE WEIGHT OF 45 KGS PER CUBIC YARD.SEE ALSO SECTION 6 RE:RATE ADJUSTMENTS If not specified otherwise,the following standard charges will apply: STANDARD CHARGES(*): Container Delivery:$100.00 Relocate Container:$100.00 Container/Castor Repair:$200.00 Container Removal:S100.00 Blocked Container:$0.00 Lock Delivery:$60.00 Container Exchange:S50.00 Contaminated Lift:$150.00 Lock Bar Install:$200.00 A$105.00 cancellation fee will be accessed if order is not cancelled with 24 hour notice.It is the Customer's responsibility to notify Waste Connections when roll off container is to be removed.If the contract length is over 30 days,the Customer must have a minimum of 1 haul every 30 days or the inactivity fee will be applied until the roll off container is hauled or removed.1 ton minimum disposal fee. *Flat Charge includes a tonnage cap per haul.Please refer to the Pricing Policy at https://www.wasteconnections.com/en/business/pricing-policy for a description of our(i)fuel surcharge;(ii)environlnental fee;(iii) administrative fee;and(iv)container and exchange fees,and how each fee is calculated and shown on your invoice.For greater clarity,the container and exchange fees described in the pricing policy shall not apply to this agreement. THIS IS A LEGALLY BINDING AGREEMENT SUBJECT TO THE GENERAL CONDITIONS SPECIFIED BELOW AND ON THE REVERSE SIDE.THE INDIVIDUALS SIGNING BELOW HAVE THE AUTHORITY TO BIND WASTE CONNECTIONS OF FLORIDA OR THE CUSTOMER TO THIS AGREEMENT CUSTOMER REPRESENTATIVE Authorized Signe lure David Dion Account Manager w,.\cre Ct)NNE:CrtONt Printed Name P:(407)509-2778 M:(407)509-2778 Title halt t0+nron rvyrl F:(407)831-3054 01/13/2020 @°:david.dion®wasteconnections.com Page 2/3 TERMS AND CONDITIONS SERVICES Customer grants to Contractor the right to collect and dispose of Customer's Waste Materials(as defined below)as set forth on the first page of this Agreement and agrees to make payments to Contractor as described herein,and Contractor agrees to famish the services and equipment specified above,all in accordance with the terms of this Agreement. TERM The term of this Agreement is temporary(the"Term"),beginning on the Effective Date set forth above and continuing for the duration of the project.Notwithstanding the foregoing,this Agreement may be terminated by either party for any reason or no reason at all upon ten(10)days'prior written notice to the other party. WASTE MATERIAL The waste materials to be collected and disposed of by Contractor pursuant to this Agreement consist of non-hazardous solid waste(including recyclable materials and Special Waste that has been approved by Contractor through its Special Waste approval process)generated or collected by Customer at the locations specified above(the "Waste Materials");provided,however,that the term Waste Materials specifically excludes and Customer agrees not to deposit in Contractor's equipment or place for collection by Contractor any radioactive,volatile,corrosive,highly fianunable,explosive,biomedical,infectious,bio-hazardous,toxic or hazardous material as defined by applicable federal,state or local laws or regulations,or any Special Waste without an approval in accordance with Contractor's Special Waste approval process("Excluded Waste").Customer agrees to comply with any description of and/or procedures with respect to removal of contaminants.Contractor shall acquire title to the Waste Materials when they are loaded into Contractor's truck.Title to and liability for any Excluded Waste shall remain with Customer and Customer expressly agrees to defend, indemnify and hold harmless Contractor from and against any and all damages,penalties,fines,liabilities and costs(including reasonable attorneys'fees)resulting from or arising out of the deposit of Excluded Waste in Contractor's trucks,containers or other equipment. PAYMENTS Customer agrees to pay Contractor on a monthly basis for the services and/or equipment furnished by Contractor in accordance with the charges and rates provided for herein.Payment shall be made by Customer to Contractor within the period of time set forth.on the first page of this Agreement.Contractor may impose and Customer agrees to pay a late fee as determined by Contractor for all past due payments,and interest on all past due payments at the rate of one and one-half percent(1 WA)per month,provided that no such late fee or interest charge shall exceed the maximum rate allowed therefor by applicable law.In the event Customer fails to pay Contractor all amounts which become due under this Agreement(including any late fees and interest assessed thereon),or fails to perform its obligations hereunder,and Contractor refers such matter to an attorney,Customer agrees to pay.in addition to all past due sums,any and all costs incurred by Contractor as a result of such action,including,to the extent permitted by law,reasonable attorneys'fees. EQUIPMENT Any equipment furnished hereunder by Contractor shall remain the property of Contractor;however,Customer acknowledges that it has care,custody and control of the equipment while at Customer's location and accepts responsibility for all loss or damage to the equipment(except for normal wear and tear or for loss or damage resulting from Contractor's handling of the equipment)and for its contents.Customer agrees not to overload(by weight or volume),move or alter the equipment,and shall use the equipment only for its proper and intended purpose.Customer agrees to indemnify,defend and hold harmless Contractor,its employees and agents against all claims, damages,suits,penalties,fines,liabilities and costs(including reasonable attorneys'fees)for injury or death to persons or loss or damage to property arising out of Customer's use,operation or possession of the equipment.Customer agrees to pay for any overweight violations and any truck time if a container is overloaded.Customer agrees to provide unobstructed access to the equipment on the scheduled collection day.If the equipment is inaccessible so that the regularly scheduled pick-up cannot be made.Contractor will promptly notify Customer and afford Customer a reasonable Oppo rtun ity to provide the required access:however.Contractor reserves the right to charge an additional fee for such inaccessibility and/or delay or any additional collection service required by Customer's.failure to provide such access. DAMAGE TO PAVEMENT Customer warrants that Customer's pavement,curbing or other driving surface or any right of way reasonably necessary for Contractor to provide the services described herein are sufficient to bear the weight of all of Contractor's equipment and vehicles reasonablyrequired to perform such services.Contractor will not be responsible for damage to any such pavement,curbing,driving surface or right of way,and Customer agrees to assume all liabilities for any such damage,which results from the weight of Contractor's vehicles providing service at Customer's location. FORCE MAJEURE Except for the payment of amounts owed hereunder,neither party hereto shall be liable for its failure to perform or delay in its performance hereunder due to contingencies beyond its reasonable control including,but not limited to,strikes,riots,compliance with laws or governmental orders,inability to access a container,fires,inclement weather and acts of God,and such failure shall not constitute a breach under this Agreement.For the avoidance of doubt,however,a law or government order,ordinance or.award establishing an exclusive franchise or similar right for a service provider in Contractor's service area shall not excuse Customer's performance hereunder. MISCELLANEOUS This Agreement is a legally binding contract on the part of Contractor and Customer and their respective heirs,successors and permitted assigns,in accordance with the terms and conditions set out herein.Customer shall not assign this Agreement without the prior written consent of Contractor,which shall not be unreasonably withheld. This Agreement represents the entire understanding and agreement between the parties hereto concerning the matters described herein and supersedes any and all prior or contemporaneous agreements,whether written or oral,that may exist between the parties regarding the same.This Agreement shall be governed by the laws of the Stale in which Customer's service locations listed on the first page of this Agreement are situated,without regard to conflicts of law provisions.Any amendment to this Agreement not otherwise expressly provided for herein shall be made in writing and signed by both parties. Page 3/3 CITY OF OCOEE SIGNATURE PAGE FOR Temporary Service Agreement between City of Ocoee, Florida and Waste Connections of Florida, Inc., for the Collection of Residential and Commercial Solid Waste and Recyclable Materials APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Melanie Sibbitt, City Clerk Rusty Johnson, Mayor DATE: (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE,FLORIDA COMMISSION AT A MEETING HELD APPROVED AS TO FORM AND LEGALITY ON ,2020 this day of , 2020 UNDER AGENDA ITEM NO. SHUFFIELD, LOWMAN&WILSON, P.A. BY: Scott A. Cookson, City Attorney