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HomeMy WebLinkAboutItem 09 Approval of Second Amendment to Exclusive Franchise Agreement with Waste ConnectionsI lIkka S k 4 �/ Ocoee florlda AGENDA ITEM COVER SHEET Meeting Date: April 19, 2022 Item # 9 Reviewed By: Contact Name: Stephen C. Krug Department Director: Contact Number: 6002 City Manager: Subject: Second Amendment to Exclusive Franchise Agreement with Waste Connections of Florida, Inc. Background Summary: The City Commission entered into an Exclusive Franchise Agreement for Commercial and Multi -Family Solid Waste collection with Waste Connections (WC) on January 21, 2020. The Commission approved the First Amendment to the Agreement on March 17, 2020, which incorporated the sale of equipment declared surplus to WC and further clarified the payment structure and insurance requirements of the Agreement. Upon review of the contract dates incorporated in the Agreement, the City Attorney determined a Second Amendment was needed to clarify the contract dates to coincide with the actual date WC took over residential service in April 2020. Due to disruptions during the pandemic, the Second Amendment had not been executed. Public Works is recommending the approval of the Second Amendment to clarify the dates in the Agreement with WC. Issue: Request Commission approval for the Second Amendment to Exclusive Franchise Agreement with Waste Connections of Florida, Inc., for the Collection of Residential and Commercial Solid Waste and Recyclable Materials. Recommendations: Recommend the City Commission approve the Second Amendment to Exclusive Franchise Agreement between the City and Waste Connections of Florida, Inc., for the Collection of Residential and Commercial Solid Waste and Recyclable Materials and for the Mayor and City Clerk to execute the agreement. Attachments: Second Amendment to 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. Financial Impact: The Amendment has no financial impact to the service funded through the Solid Waste Division. Type of Item: (please mark with an `Y) 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 Dept. = N/A Reviewed by N/A 2 SECOND AMENDMENT TO EXCLUSIVE FRANCHISE AGREEMENT This Second Amendment to Exclusive Franchise Agreement ("Amendment") is made and entered into this :day of January, 2022 ("Effective Date") by and between the City of Ocoee, a municipal corporation existing under the laws of the State of Florida ('City"), and Waste Connections of Florida, Inc., a Delaware corporation authorized to do business in the State of Florida ("Contractor"). RECITALS WHEREAS, the City and Contractor entered into an Exclusive Franchise Agreement, which was approved by the City on January 21, 2020, and which was amended by that certain First Amendment to Exclusive Franchise Agreement, approved by the City on March 17, 2020 (collectively the "Agreement"); and WHEREAS, the Agreement allows for modification thereof by agreement of the parties; and WHEREAS, the City and Contractor agree to make certain revisions to said Agreement. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements contained herein and the mutual benefits provided hereunder, the receipt and sufficiency of which are hereby acknowledged, the City and the Contractor agree that they shall be bound by and shall strictly comply with the following provisions of this Amendment. 1. Subsection 1.3. Subsection 1.3 is hereby stricken in its entirety and replaced with the following language: 1.3 Agreement Year shall mean (a) the period beginning on April 6, 2020 and continuing through and including April 5, 2027; and (b) each calendar year throughout the term of this Agreement. 2. Subsection 1.19. Subsection 1.19 is hereby stricken in its entirety and replaced with the following language: 1.19 Commencement Date shall mean April 6, 2020, which is the date when the Contractor shall begin providing Collection Services to the City pursuant to the requirements of this Agreement: 3. Subsection 1.43. Subsection 1.43 hereby stricken in its entirety and replaced with the following language: 1.43 First Agreement Year shall mean the period beginning on April 6, 2020 (i.e. the Commencement Date) and continuing through and including April 5, 2021. 4. Subsection 3.2. Subsection 3.2 hereby stricken in its entirety and replaced with the following language: 4 \a 3.2 OPTION TO RENEW THE FRANCHISE The City may renew this Agreement for one additional term of three (3) years, unless the Contractor gives written notice to the City Manager that the Contractor is not willing to renew this Agreement and such notice is delivered on or before July 1, 2026. If City wishes to renew this Agreement, the City shall give written notice to the Contractor at least one hundred eighty (180) calendar days before the end of the initial term. The renewal term, if any, shall begin on April 6, 2027 and shall continue until April 5, 2030, unless this Agreement is terminated earlier. 5. Exhibit 2 Exhibit 2 of the Agreement, Legal Description of the Service Area, is hereby stricken. 6. No other changes. Unless expressly modified in this Amendment, all other terms and conditions of the Agreement remain unaffected by this Amendment. If there is a conflict between the Amendment and the Agreement, the terms of this Amendment shall control. IN WITNESS WHEREOF, the parties have made and executed this Amendment, as attested to by the signature of their duly authorized officers or representatives and their official seals affixed hereon, the day and year first above written. WITNESSES: Signature iLel Printed Name 4 Printed Name ATTEST - SECRETARY CONTRACTOR By: Signature PJ&fk A0-7,6-A Printed ame- and Title 1 day of , 2022 CITY OF OCOEE SIGNATURE PAGE FOR THE SECOND AMENDMENT TO THE EXCLUSIVE FRANCHISE AGREEMENT WITH WASTE CONNECTIONS OF FLORIDA ATTEST: Melanie Sibbitt, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this day of 52022 SHUFFIELD, LOWMAN & WILSON, P.A. Scott A. Cookson, City Attorney CITY OF OCOEE, FLORIDA Rusty Johnson, Mayor DATE: APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON , 2022 UNDER AGENDA ITEM NO.