Loading...
HomeMy WebLinkAboutItem #15 Amend. #2 to Onyx Waste Services Agreement center of GOOd [,i~' ~ AGENDA ITEM COVER SHEET Meeting Date: May 2, 2006 Item # \5 Contact Name: Contact Number: Bob Zaitooni 6003 Reviewed By: Department Director: City Manager: ~~ , --........ Subject: Amendment #2 to the Agreement with Onyx Waste Service Background Summary: Onyx Waste Services. Inc. had made a request for an early termination of their residential yard waste & bulky waste Agreement with the City. On March 21. 2006. City Commission directed staff to pursue an amendment to the residential yard waste & bulky waste with Onyx Waste Services. Inc. Therefore. pursuant to the City Commission's approval of the in-house residential curbside. staffbas prepared amendment #2 to the residential yard waste & bulky waste Agreement with Onyx Waste Services. Inc. The Amendment will provide for the early termination of the contract and transition to an in-house service. address contractor default. and provide for mutual releases and cooperation between the parties. Issue: Approve Amendment #2 to Agreement with Onyx waste Services. Inc. for residential yard waste & bulky waste. Recommendations Staff recommends approving amendment #2 to the Agreement with Onyx waste Services for the early termination and the transition to an in-house operation for residential yard waste & bulky waste services. Attachments: Amendment # 2 to the original agreement with Onyx Waste Services, Inc. and March 21,2006 Staff Report Financial Impact: City Commission bas approved an increase in monthly customer rates from $16 to $19. As the routes are transitioned to the City operation, the payments to the hauler are decreased accordingly. Type of Item: o o o o o o Public Hearing Ordinance First Reading Ordinance First Reading Resolution Commission Approval Discussion & Direction For Clerk's Deot Use: 181 Consent Agenda o Public Hearing o Regular Agenda I:8J Original Document/Contract Attached for Execution by City Clerk o Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Depl Reviewed by ( ) o N/A o N/A o N/A AMENDMENT NO.2 TO RESIDENTIAL YARD AND BULKY WASTE COLLECTION AND DISPOSAL AGREEMENT TIDS AMENDMENT NO.2 TO RESIDENTIAL YARD AND BULKY WASTE COLLECTION AND DISPOSAL AGREEMENT (this "Amendment") is made and entered this day of , 2006 by and between the CITY OF OCOEE, a Florida municipal corporation, (the "City") and ONYX WASTE SERVICES SOUTHEAST, INC., (FIKIA ONYX WASTE SERVICES OF FLORIDA, INC.), a Florida corporation, (the "Contractor"). RECITALS WHEREAS, City and Contractor entered into that certain Residential Yard and Bulky Waste Collection and Disposal Agreement on August 30, 2001 for the collection and disposal of residential yard and bulky waste within the corporate limits of the City (the "Agreement"); and WHEREAS, the Contractor has requested that the City agree to an early termination of the Agreement; and WHEREAS, the City has agreed to the request of the Contractor, subject to the terms, conditions and limitations set forth herein; and WHEREAS, City and Contractor desire to make other necessary amendments in connection with the early termination of the Agreement. NOW THEREFORE, in consideration of the mutual promises herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: Section 1. by this reference. Recitals. The above recitals are true and correct and are made a part hereof Section 2. Caoitalized Terms. All capitalized terms used herein shall be as defined in the Agreement unless otherwise indicated or defmed in this Amendment. Section 3. the foHovving: Term. Section 2 of the Agreement deleted in its entirety and replaced with Section 2. TERM The term of this Agreement shall be for the period beginning September 4, 2001, and ending May 31, 2006. ll/17/05 ORLA_ 407934.1 Section 4. Default bv Contractor. Nothing contained herein shall be construed to relieve the Contractor from the performance of its obligations under the Agreement prior to the expiration of the term thereof. The City expressly reserves its rights to pursue all remedies available under the terms of the Agreement in the event of a default by the Contractor. Section 5. Cooperation. During the remaining term of this Agreement the Contractor agrees to: (i) perform all of its obligations under the Agreement in accordance with the terms thereof, and (ii) undertake all reasonable efforts to cooperate with the City in the transition to the City of the services currently provided by the Contractor under the Agreement. Section 6. Amendment. Except as amended hereby, the Agreement remains unchanged and in full force and effect, and each of the parties hereto hereby ratifies and confirms the terms and conditions of the Agreement. All references herein to the Agreement shall refer to the Agreement as amended by this Amendment unless the text or context indicates otherwise. In the event of any conflict between the Agreement and this Amendment it is agreed that this Amendment shall control. Section 7. Countemarts. This Amendment may be executed in any number of counterparts, each of which shall be deemed to be an original instrument, but all such counterparts shall constitute one and the same instrument. Facsimile copies of this Amendment and any signatures thereon shall for all purposes be considered as originals, provided that each of the parties hereto delivers an executed counterpart original of this Amendment to the other party by overnight courier within three (3) business days after the date of execution of the facsimile copy of this Amendment. rSifmature Page Follows 7 ORLA_ 407934.1 IN WITNESS WHEREOF, the City and Contractor have caused this Amendment to be duly executed as ofthe date and year first written above. ~I-I~ PrintName: Sh.e,' U:, )-/OUSfon Signed, sealed and delivered in the presence of: Print Name: Print Name: FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of , 2006. FOLEY & LARDNER LLP By: City Attorney ORLA_ 407934.1 CONTRACTOR: ONYX WASTE SERVICES SOUTHEAST, INC. (FIKfA ONYX WASTE SERVICES OF FLORIDA, INC.), a Florida corporation 1 ,t/) () i/Y /1// c;{{ r By: (1/( mtJ-fd/ ,7' ~ / _.J ) c~ PrintName:!fbiJ.tOLP L. 7ulJe/f. . Title: 11/HtV :]~ Executed on: y 'rJ ~ _ 6 (NO CORPORATE SEAL) CITY: CITY OF OCOEE, FLORIDA, a Florida municipal corporation By: S. Scott Vandergrift, Mayor ATTEST: Beth Eikenberry, City Clerk Executed on: (SEAL) APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON ,2006 UNDER AGENDA ITEM NO. City Manager Robert Frank Commissioners Gary Hood. District 1 Scott Anderson. District 2 Rusty ,Johnson. District ;3 ,Joel F. Keller. District 4 Mayor S. Scott Vandergrift STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: Tonya Elliott, Assistant Director of Public Works DATE: December 27, 2005 RE: Amendment #2 to the Agreement with Onyx Waste Services, Inc. ISSUE Should the Honorable Mayor and City Commission approve amendment #2 to Agreement with Onyx Waste Services, Inc. for residential yard waste & bulky waste? BACKGROUND/DISCUSSION Onyx Waste Services, Inc. had made a request for an early termination of their residential yard waste & bulky waste Agreement with the City. On March 21,2006, City Commission directed staff to pursue an amendment to the residential yard waste & bulky waste with Onyx Waste Services, Inc. Therefore, pursuant to the City Commission's approval of the in-house residential curbside, staff has prepared amendment #2 to the residential yard waste & bulky waste Agreement with Onyx Waste Services, Inc. The Amendment will provide for the early termination of the contract and transition to an in-house service, address contractor default, and provide for mutual releases and cooperation between the parties. City Commission has approved an increase in monthly customer rates from $16 to $19. As the routes are transitioned to the City operation, the payments to the hauler are decreased accordingly. RECOMMENDATION Staff respectfully recommends the honorable Mayor and City Commission to approve amendment #2 to the Agreement with Onyx Waste Services for residential yard waste & bulky waste; and authorize the Mayor and City Clerk to execute amendment #2 to the Agreement. e center of Goocl Lj~. a& AGENDA ITEM COVER SHEET Meeting Date: March 21,2006 Item # Contact Name: Contact Number: T onya Elliott 6003 Reviewed By: Department Director: City Manager: Subject: Discussion of Potential Tennination of Contract for Yard Waste & Bulky Waste with Onyx Waste Services Background Summary: Onyx Waste Services has formally requested termination and early release from their current contract for Yard Waste & Bulky Waste. This contract is set to expire on August 30, 2006 and pursuant to City Commission's approval, the services will be brought back in-house. The current schedule for delivery of yard waste trucks is tentatively set for April 2006. In addition, the type and quantities of the services will be revised as soon as Chapter 143 is modified in the near future. Therefore, staff has no objection to an early release of Onyx from their contract with the City subject to a timely and orderly transition to an in-house operation. Issue: City Commission to discuss potential termination and early release of contract with Onyx Waste Services for yard waste and bulky waste and provide direction to staff? Recommendations Staff recommends City Commission approve termination and early release of Onyx Waste Services subject to a timely and orderly transition to an in-house operation and direct the City Attorney to devise an agreement for the termination action. Attachments: Letter from Onyx Requesting early release from agreement Financial Impact: City Commission has approved an increase in monthly customer rates from $16 to $19. As the routes are transitioned to the City operation, the payments to the hauler are decreased accordingly. Type of Item: o o o o o [81 Public Hearing Ordinance First Reading Ordinance First Reading Resolution Commission Approval Discussion & Direction For Clerk's Deot Use: o Consent Agenda o Public Hearing [81 Regular Agenda o Original Document/Contract Attached for Execution by City Clerk o Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) D N/A D N/A D N/A City l\Ianager Robert Frank Commissioners Gan' Hood. District 1 Scott Anderson. District 2 Rusty ,Johnson. District ;3 Nancv,1. Parker. District 4 Mayor S. Scott Yander!!rift STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: Tonya Elliott, Assistant Director of Public Works DATE: March 9, 2006 RE: Discussion of Potential Termination of Contract for Yard Waste & Bulky Waste with Onyx Waste Services ISSUE City Commission to discuss potential termination and early release of contract with Onyx Waste Services for yard waste and bulky waste and provide direction to staff BACKGROUNDIDISCUSSION Onyx Waste Services has formally requested termination and early release from their current contract for Yard Waste & Bulky Waste. This contract is set to expire on August 30, 2006 and pursuant to City Commission's approval, the services will be brought back in-house. The current schedule for delivery of yard waste trucks is tentatively set for April 2006. In addition, the type and quantities of the services will be revised as soon as Chapter 143 is modified in the near future. Therefore, staff has no objection to an early release of Onyx from their contract with the City subject to a timely and orderly transition to an in-house operation. RECOMMENDATION Staff recommends City Commission approve termination and early release of Onyx Waste Services subject to a timely and orderly transition to an in-house operation and direct the City Attorney to devise an agreement for the termination action.