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HomeMy WebLinkAboutItem #08 Approval of Residential Recycling Processing with Waste Management, Inc., of Florida 4$0.101°' ocoee florida AGENDA ITEM COVER SHEET Meeting Date: June 5, 2018 Item # Reviewed By: Contact Name: Stephen C. Krug Department Director: Contact Number: 6002 City Manager: // /' Subject: Approval of Residential Recycling Processing Agreement with aste Management Inc., of Florida. Background Summary: Orange County recently amended their contract with Waste Management Inc., Of Florida (WMIF) for the transfer, processing and marketing of recyclables. The amendment is a short term response to market conditions where the demand for recyclables has vanished and the industry is working to determine long term solutions for recyclables. Public Works is requesting Commission approval to enter into an agreement with WMIF to utilize the McCormick Recyclables Transfer Station, as operated for the County under contract Y3-1021. The agreement is not a piggy back arrangement but a separate agreement for processing recyclables at a rate of $47.50 per ton of delivered and accepted materials due to the City's lower volume. Public Works recommends entering into the agreement as the McCormick facility is currently the closest available option. Public Works continues to investigate other options for handling recyclables and will bring additional options to the Commission as they become available. The increase in the budget could be up to $30,000 if the level of contaminated recyclables collected is reduced significantly to acceptable levels. Issue: Request the City Commission to approve utilizing Waste Management Inc., of Florida for processing residential recyclables. Recommendations Recommend the City Commission approve the agreement with Waste Management Inc., of Florida for the transfer, processing and marketing of recyclables, and authorize the Mayor and City Clerk to execute the Agreement. Attachments: Agreement Recyclables with Waste Management Inc., of Florida. Orange County Contract Y3-1021, Transfer, Processing and Marketing of Recyclables can be viewed at the following link: https://apps.ocfl.net/OrangeBids/TermContracts/listtermcontract.asp?I D=126061&CT=application/pdf&FN =Y3-1021.pdf Financial Impact: The potential increase of up to $30,000 can be absorbed in the current landfill budget. Type of Item: (please mark with an `k') Public Hearing For Clerk's Dept Use: Ordinance First Reading K. 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. N/A Reviewed by ( ) N/A 2 AGREEMENT THIS AGREEMENT, is made and entered into this day of , 2018, by and between the CITY , FLORIDA, a municipal corporation organized and existing under the laws of Florida ("City") and WASTE MANAGEMENT INC. OF FLORIDA, (hereinafter called "WMIF"), a Florida corporation, with an office at 2700 Wiles Road, Pompano Beach, FL 33073. WITNESSETH WHEREAS, WMIF has secured from Orange County a contract for the processing of curbside recyclables, such contract dated April 22, 2003, and amended several times, the last amendment being Amendment No. 5 executed April 27, 2018,with an effective date of July 1, 2018. The contract is numbered Y3-1021 "Transfer, Processing and Marketing of Recyclables" (the "Contract"); and WHEREAS, WMIF is able and willing to provide the City with curbside recyclables processing services using the aforesaid Contract; and WHEREAS, City is desirous of using the Contract to secure the processing services from WMIF without the cost and delay of competitive bidding; and WHEREAS, the City's Code of Ordinances authorizes the City to utilize such previously solicited contracts as a means to avoid costs and to expedite the contracting process. NOW, THEREFORE, in consideration of these premises and the mutual undertakings hereinafter stated, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Existing Contract WMIF and Orange County are parties to the Contract set forth above. The City elects to utilize WMIF as a contractor to provide curbside recyclables processing services for the City's recyclables and to be bound by the terms and conditions of the Contract regarding same as modified herein. References in the Contract to County personnel, County policies, and County functions shall be deemed to refer to City personnel, policies and functions if applicable. The parties agree that the modifications set forth herein below are not substantive and do not materially alter the Contract. The parties agree to be bound by the Contract as modified. Capitalized terms used herein have the meanings set forth in the Contract unless the context requires otherwise. 2. Scope of Work WMIF's scope of work under the Contract is limited to processing curbside recyclables delivered by the City to Orange County's McCormick Recyclables Transfer Station, Materials Recovery Facility and Landfill Recyclables Sorting Facility. Processing will take place at WMIF's Tampa MRF and/or Reuters Recycling Facility in Pembroke Pines, Florida. WMIF shall designate the receiving facility at which the City will make deliveries. 3. Term The term of this Agreement is for one year and shall commence on July 1, 2018. The County maintains a right to unilaterally extend the underlying Contract for one additional year. Should the County do so, the City may also extend for such period of time as the County has extended the Contract. It is understood and agreed that the facilities used for receiving material are owned by the County and that WMIF only has the right to operate same pursuant to the Contract. Termination of the Contract for any reason shall automatically terminate this Agreement. 4. Performance Bond WMIF has provided the County with a performance bond. No bond will be provided to the City. 5. Liquidated Damages/Penalties/Host Fee All provisions for liquidated damages or penalties set forth in the Contract are reserved for the County and are not extended to the City and are not rights that the City has or can enforce. No host fees are payable under the Contract. 6. Deliverables/Reports Reporting requirements set forth in the Contract are modified to only require quarterly tonnage reports. 7. Compensation City shall pay WMIF $47.50 per ton of recyclables delivered and accepted by WMIF. 9. Additional Documentation The parties agree to cooperate with each other and provide additional documentation should same be determined by the parties that it is required. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their officers thereunto duly authorized or have hereunto set their hands and seals in duplicate as of the day and year first above written. CITY OF , FLORIDA By: Attest: WASTE MANAGEMENT INC. OF FLORIDA By: Attest: CITY OF OCOEE SIGNATURE PAGE Waste Management Inc. of Florida and City of Ocoee, Florida Agreement for Orange County Contract Y3-1021, Transfer, Processing and Marketing of Recyclables 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 , 20 LEGALITY this day of UNDER AGENDA ITEM NO. , 20 . SHUFFIELD, LOWMAN & WILSON, P.A. By: City Attorney