HomeMy WebLinkAboutItem VI (C) First Amendment to the Industrial Waste Service Company Franchise Agreement AGENDA 4-20-93
Item VI C
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" • •--Ocoee• S.SCOTT VANDERGRIFT
'`y _ CITY OF OCOEE COMMISSIONERS
RUSTY
�- 150 N.LAKESHORE DRIVE PAUL W.FOSTER
v O OCOEE,FLORIDA 34761 VERN COMBS
(407)656-2322 SAM WOODSON
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CITY MANAGER
ELLIS SHAPIRO
STAFF REPORT
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TO: The Honorable Mayor and Board of City Commissioners
FROM : Ray Brenner , Public Works Director
DATE : April 12 , 1993
ISSUE :
Should the Honorable Mayor and Board of City Commissioners approve
the First Amendment to the Industrial Waste Service Company
Franchise Agreement?
BACKGROUND/DISCUSSION:
I presented a Staff Report to you on Tuesday, February 16 , 1993
summarizing the request to increase rates to the commercial
accounts throughout the city by the Industrial Waste Service
Company . Necessity for the rate increase was due to the landfill
cost increase and an adjustment to the Consumer Price Index . Based
on staff ' s recommendation at that time , you unanimously voted to
approve the reasonable rate increase as proposed by the industrial
Waste Service Company having an effective date of March 1 , 1993 .
City Attorney , Martha Formella , reviewed the franchise agreement
and requested - that two originals of the referenced document be
signed by the President and the Secretary of the Industrial Waste
Services , Inc . and then returned to have this item of business
placed on the city agenda for si: nat:ures by the Mayor , City Clerk
and the City Attorney .
RECOMMENDATION:
Therefore , based on the above background and discussion, staff
respectfully requests that The Honorable Mayor sign the attached
First Amendment to the Commercial Garbage Collection Franchise
Agreement .
G��
FIRST AMENDMENT
TO THE COMMERCIAL GARBAGE COLLECTION
FRANCHISE AGREEMENT
WHEREAS, on October 16, 1990, the City of Ocoee ("the
City") entered into the Commercial Garbage Collection Franchise
Agreement ("the Agreement") with Industrial Waste Service, Inc.
("Franchisee") granting the Franchisee an exclusive franchise for
the collection of commercial garbage within the corporate limits of
the City;
WHEREAS, Section 14 of the Agreement provides that the
City may approve changes in the rates and charges incorporated in
the Agreement after two (2) years;
WHEREAS, on February 16, 1993, the Board of City
Commissioners approved an increase in rates and charges
incorporated in the Agreement pursuant to Section 14.
NOW, THEREFORE, in consideration of the premises and
other valuable considerations, the receipt and sufficiency of which
are hereby acknowledged, the City and Franchisee hereby agree as
follows:
1. Effective as of February 16, 1993, the rates and
charges identified in Exhibit A, attached hereto and by this
reference made a part hereof, shall replace the rates and charges
in Exhibit A to the Agreement.
2 . The terms of the Agreement are hereby ratified and
of full force and effect except to the extent that they are
modified herein.
IN WITNESS WHEREOF, the CITY OF OCOEE has caused this
First Amendment to be executed by S. Scott Vandergrift, its Mayor,
and attested by Jean Grafton, its City Clerk, and has caused its
seal to be affixed hereto; and INDUSTRIAL WASTE SERVICE, INC. has
caused this First Amendment to be executed in its name by
, its President and attested by
, its Secretary, and has caused
the seal of said corporation to be affixed hereto, as of the
day of , 1993 .
Signed, sealed and delivered CITY OF OCOEE
in the presence of:
By:
Printed Name: S. Scott Vandergrift,
Mayor
Attest:
Printed Name: Jean Grafton,
City Clerk
(SEAL)
FRANCHISEE
INDUSTTRRIAL WASTE SERVICE, INC.
/4e'-(U 11,1„._„;
_t- 7LL-1
By:
Printed Name: L) try ci 6e." r 5 Printed Name: i'44 1e.. N r'i'QJrc I'
President
•
/ /LA Attest:L� LiA4
nted Name: immirk, rinted ' me:hod 4osactgatutr
.ecretar 7
(SEAL)
For the use and reliance only
by the City of Ocoee, Florida.
Approved as to form and legality
this day of , 1993 .
FOLEY & LARDNER
By:
Paul E. Rosenthal,
City Attorney
C:\WPSI\DOCSWCOEIAMEND 323/93118W015IMHF:j1h
•
EXHIBIT "A"
RATES FOR COMMERCIAL COLLECTION
2 CUBIC YARDS 3 CUBIC YARDS 4 CUBIC YARDS
1 TIME = $ 48. 04 $ 55. 61 $ 64 .25
2 TIMES = 86.53 111. 22 128.49
3 TIMES = 135. 62 163 . 65 184 .26
4 TIMES = 184.72 216. 08 240. 02
5 TIMES = 233 .82 279.-- 316. 99
6 TIMES = 278. 68 331.55 372 .76
6 CUBIC YARDS 8 CUBIC YARDS
1 TIME = $ 83 . 10 $ 110.98
2 TIMES = 166.20 221.97
3 TIMES = 249.83 322.87
4 TIMES = 333.46 402 . 56
5 TIMES = 406.48 535.29
6 TIMES = 532 .55 689. 23.
ROLL-OFFS: 20 = $117, 30 = $127 , 40 = $170 PLUS DUMP PLUS
$31. 00 DELIVERY CHARGE; RENTAL IS PULL PRICE IF NOT
PULLED 1X
EXTRA PICK-UPS - DOUBLE DUMP - $31. 00 FLAT;
SPECIAL IS $31. 00 = $4. 65 YD.
COMPACTOR - SEE FRANCHISE AGREEMENT
FOLEY & LARDNER
III NORTH ORANGE AVENUE, SUITE 1800
ORLANDO, FLORIDA 32801
TELEPHONE 1407) 423-7656
FACSIMILE 1407) 648-1743
TAMPA, FLORIDA MAILING ADDRESS: MILWAUKEE, WISCONSIN
JACKSONVILLE, FLORIDA POST OFFICE BOX 2193 MADISON, WISCONSIN
TALLAHASSEE, FLORIDA WASHINGTON, D.C.
WEST PALM BEACH, FLORIDA ORLANDO. FL. 32802-2193 ANNAPOLIS, MARYLAND
CHICAGO, ILLINOIS
MEMORANDUM
TO: Ray Brenner
M �1
FROM: Martha Formella, Esq. if
DATE: March 23, 1993
RE: First Amendment to the Commercial Garbage Collection
Franchise Agreement
I have enclosed two originals of the above-referenced
document. Please obtain the signatures of the President and
Secretary of Industrial Waste Services, Inc. (IWS) on both
originals. After IWS signs the originals, please have this item of
business put on the City Commission agenda. Feel free to call me
if you have any questions.