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HomeMy WebLinkAboutItem #09 Amend. to Agmt with Waste Services of Florida, Inc. AGENDA ITEM COVER SHEET Meeting Date: January 3,2006 Item # --1 Contact Name: Contact Number: Tonya Elliott 6003 Reviewed By: Department Director: City Manager: ~~- Subject: Amendment to the Agreement with Waste Services of Florida, Inc. Background Summary: Pursuant to the City Commission's approval of the in-house residential curbside, it is necessary to amend the Agreement with the Waste Services of Florida, Inc. (formerly Florida Recycling Services, Inc.), the city's current residential hauler for garbage and recycling. The Amendment will provide and facilitate a phased transition as the new City trucks become available, address service penalties, address contractor default, provide for mutual releases and cooperation, and the eventual mutual termination of the Agreement between the parties. Issue: Approve the amendment to Agreement with Waste Services of Florida, Inc. for garbage and recycling. Recommendations Staff recommends approving the amendment to the Agreement with WSI to facilitate the transition to an in-house operation for residential curbside services. Attachments: Amendment to the original agreement with WSI. 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 Public Hearing o Ordinance First Reading o Ordinance First Reading o Resolution [gI Commission Approval o Discussion & Direction For Clerk's Deof Use: [gI Consent Agenda o Public Hearing o Regular Agenda [gJ Original Document/Contract Attached for Execution by City Clerk D Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) D N/A [gJ N/A D N/A City Manager Robert Frank Commissioners Garv Hood, District 1 Scott Anderson. District 2 Rustv Johnson, District 3 Nancy J. Parker, District 4 Mavor 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 to the Agreement with Waste Services of Florida, Inc. ISSUE Should the Honorable Mayor and City Commission approve the amendment to Agreement with Waste Services of Florida, Inc, for residential garbage and recycling? BACKGROUNDIDISCUSSION Pursuant to the City Commission's approval of the in-house residential curbside, it is necessary to amend the Agreement with the Waste Services of Florida, Inc. (formerly Florida Recycling Services, Inc.), the city's current residential hauler for garbage and recycling. The Amendment will provide and facilitate a phased transition as the new City trucks become available, address service penalties, address contractor default, provide for mutual releases and cooperation, and the eventual mutual termination of the Agreement 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 the amendment to the Agreement with WSI for residential garbage and recycling; and authorize the Mayor and City Clerk to execute the amendment to the Agreement. FIRST AMENDMENT TO RESIDENTIAL GARBAGE AND RECYCLING COLLECTION AND DISPOSAL AGREEMENT TIDS FIRST AMENDMENT TO RESIDENTIAL GARBAGE AND RECYCLING 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, whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761 (the "City") and FLORIDA RECYCLING SERVICES, INC., a lllinois corporation, whose mailing address is 1099 Miller Drive, Altamonte Springs, FL 32701 (the "Contractor"). RECITALS WHEREAS, City and Contractor entered into that certain Residential Garbage and Recycling Collection and Disposal Agreement on May 4, 2004 for the collection and disposal of residential garbage and recycling 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 o. by this reference. Recitals. The above recitals are true and correct and are made a part hereof Section o. Caoitalized Terms. All capitalized terms used herein shall be as defined in the Agreement unless otherwise indicated or defined in this Amendment. Section o. follows: Term. Section 2 of the Agreement is amended in its entirety to read as SECTION 2. Term The term of this Agreement shall be for the period beginning June 1, 2004 (the "Effective Date") and ending on the date that is six (6) months after the date on which the City places an order for garbage and recycling collection vehicles, as evidenced by written notice from the City to the Contractor advising of such date. The term of this Agreement may be extended by the City for an additional thirty (30) days if the City provides written notice to Contractor of its intention to do so. Notwithstanding the forgoing, the City may terminate this Agreement at any time by providing written notice of termination to Contractor.e ORLA_392655.3 11I17/0S Section O. Service Penalties. Effective upon the date that the City gives the Contractor written notice that it has placed an order for garbage and recycling collection vehicles, it is agreed that Section 3(D)(1) of the Agreement shall no longer be applicable. The foregoing shall not be construed to relieve the Contractor of its liabilities under Section 3(D)(1) of the Agreement prior to such date. Section 5. Transition. Both parties acknowledge and understand that the City intends to transition the residential curbside collection in as the new garbage and recycling collection vehicles are delivered to the City by the selected vendor. Both parties agree that, as the City takes over each route, the compensation to Contractor is reduced by the unit rate of $10.98 multiplied by the number of customers within that route. If the transition occurs during the month, the compensation will be prorated based upon the number of days in that month. Section 6. Default bv Contractor. Nothing contained herein shall be construed to relieve the Contractor from the performance of its obligations under this Agreement prior to the expiration of the term hereof Except as set forth in Section 4 above, 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 7. Mutual Releases. Upon the expiration or earlier termination of the term of this Agreement for any reason other than a default by the Contractor under the terms of this Agreement as amended, each party hereto agrees to execute mutual general releases in favor of the other party for all claims arising out of the Agreement; provided, however, that the foregoing releases shall not release either party from any outstanding monetary obligations owed to the other under the terms of the Agreement. Section 8. Coooeration. 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 9. 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 10. Counteroarts. 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. ORLA_392655.3 IN WITNESS WHEREOF, the City and Contractor have caused this Termination to be duly executed as of the date and year first written above. Print Name: 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_392655.3 CONTRACTOR: FLORIDA RECYCLING SERVICES, INC., an lllinois corporation By~ / ~ Print Name: JJtA.ht~.t ~z,0 ) Title: /Jl f"'T. /i1 VL ~ Executed on: / 'l. . i q- p{ (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.