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HomeMy WebLinkAboutItem 08 Approval of Amendments to Extend the Agreements for the Septic Tank Program Service ProviderMeetin Date: ► Ithm #: Contact Name:Trent Ho Contact Phone:407-554-7241 December 7, 2021 Reviewed by: Department Director:Jamie City Manager: Robe ra Subject: Approval of Amendments to Extend the Agreements for the Septic Tank Program Service Provider Background Summary: On December 1, 2015, the City of Ocoee entered into Agreements with Sauer Septic Environmental Service, Inc. and Brownies Septic and Pumping LLC., to perform scheduled septic tank pumping and hauling services for the City's Septic Tank Pumping Program. The current agreements are expiring. The City desires to amend the existing Agreements to extend the term of the Agreements through November 30, 2024, subject to the terms and conditions set forth in the original contracts. If approved, these Amendments will become effective on December 1, 2021. Issue: Should the City Commission approve the Second Amendment to the Agreements with Sauer Septic Environmental Service, Inc. and Brownies Septic and Pumping LLC. for the period of three additional years? Recommendations: Staff recommends approval of the Second Amendment to the Agreements with Sauer Septic Environmental Service, Inc. and Brownies Septic and Pumping LLC, Attachments: Agreements for additional service Financial Impact: There is no Financial Impact to the budget with approval of the Amendments. Type of Item: (please mark with an 'x') Public Hearing Ordinance First Reading Ordinance Second Reading Resolution X Commission Approval Discussion & Direction For Clerk's Dept Use: Consent Agenda Public Hearing Regular Agenda 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 De — N/A Reviewed by ( ) N/A SECOND AMENDMENT TO AGREEMENT FOR SEPTIC TANK PUMPING AND HAULING SERVICES THIS SECOND AMENDMENT TO AGREEMENT FOR SEPTIC TANK PUMPING AND HAULING SERVICES (the "Amendment") is entered into on the _ day of , 2021, by and between the CITY OF OCOEE, a Florida municipal corporation, hereinafter called "Ocoee", and BROWNIE'S SEPTIC AND PLUMBING, LLC, a Florida limited liability company, hereinafter called "Contractor". RECITALS A. Whereas, Ocoee and Contractor entered into an AGREEMENT FOR SEPTIC TANK PUMPING AND HAULING SERVICES for a three (3) year term, effective December 1, 2015, as amended by the First Amendment thereto dated November 3, 2020, (the "Agreement"), to engage Contractor to perform the work described in the scope of services set forth in that certain Invitation to Bid #1315-07; and B. Whereas, the Agreement was automatically renewed for two (2) separate one-year renewals in accordance with its terms, and subsequently renewed by the First Amendment for an additional one (1) year term in accordance with its terms; and C. Whereas, the term of this Agreement is scheduled to expire on November 30, 2021; and D. Whereas, Ocoee and Contractor desire to extend the Agreement for an additional three (3) year term subject to the terms and conditions set forth in the Agreement and this Amendment. AGREEMENT NOW, THEREFORE, for and in consideration of the foregoing, the mutual promises, covenants, and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Term of Agreement and Renewal Provisions. Pursuant to Section 2, Term of Agreement, by this Amendment the City hereby extends the Agreement, subject to the terms of the Agreement and this Amendment, for an additional three (3) year period. The term of the extension to Agreement, by this Amendment, will be from December 1, 2021 through November 30, 2024. 2. All of the terms, covenants, conditions, and provisions of the Agreement, unless modified by this Amendment, are hereby reinstated and remains in full force and effect. (Signature page follows.) IN WITNESS WHEREOF the parties hereto have caused this Amendment to be executed by their authorized representatives on the day and year first above written. CONTRACTOR: BROWNIE'S SEPTIC AND PLUMBING LLC, a Florida limited liability company By (Print): Title: Signature: CITY OF OCOEE Rusty Johnson, Mayor ATTEST: Melanie Sibbitt, City Cleric (SEAL) APPROVED BY THE CITY OF OCOEE COMMISSION IN A MEETING HELD ON , 2021 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of 2021. SHUFFIELD, LOWMAN & WILSON, P.A. City Attorney SECOND AMENDMENT TO AGREEMENT FOR SEPTIC TANK PUMPING AND HAULING SERVICES THIS SECOND AMENDMENT TO AGREEMENT FOR SEPTIC TANK PUMPING AND HAULING SERVICES (the "Amendment") is entered into on the day of , 2021, by and between the CITY OF OCOEE, a Florida municipal corporation, hereinafter called "Ocoee", and SAUER SEPTICS ENVIRONMENTAL SERVICES, INC., a Florida corporation, hereinafter called "Contractor". RECITALS A. Whereas, Ocoee and Contractor entered into an AGREEMENT FOR SEPTIC TANK PUMPING AND HAULING SERVICES for a three (3) year term, effective December 1, 2015, as amended by the First Amendment thereto dated November 3, 2020, (the "Agreement"), to engage Contractor to perform the work described in the scope of services set forth in that certain Invitation to Bid #1315-07; and B. Whereas, the Agreement was automatically renewed for two (2) separate one-year renewals in accordance with its terms, and subsequently renewed by the First Amendment for an additional one (1) year term in accordance with its terms; and C. Whereas, the term of this Agreement is scheduled to expire on November 30, 2021; and D. Whereas, Ocoee and Contractor desire to extend the Agreement for an additional three (3) year term subject to the terms and conditions set forth in the Agreement and this Amendment. AGREEMENT NOW, THEREFORE, for and in consideration of the foregoing, the mutual promises, covenants, and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Term of Agreement and Renewal Provisions. Pursuant to Section 2, Term of Agreement, by this Amendment the City hereby extends the Agreement, subject to the terms of the Agreement and this Amendment, for an additional three (3) year period. The term of the extension to Agreement, by this Amendment, will be from December 1, 2021 through November 30, 2024. 2. All of the terms, covenants, conditions, and provisions of the Agreement, unless modified by this Amendment, are hereby reinstated and remains in frill force and effect. (Signature page follows.) IN WITNESS WHEREOF the parties hereto have caused this Amendment to be executed by their authorized representatives on the day and year first above written. CONTRACTOR: SAUER SEPTICS ENVIRONMENTAL SERVICES, INC., a Florida corporation By (Print): Title: Signature: Date: ATTEST: Melanie Sibbitt, City Cleric (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of .2021. SHUFFIELD, LOWMAN & WILSON, P.A. LOW City Attorney CITY OF OCOEE Rusty Johnson, Mayor APPROVED BY THE CITY OF OCOEE COMMISSION IN A MEETING HELD ON , 2021 UNDER AGENDA ITEM NO.