HomeMy WebLinkAboutItem VI (I) Approval and Authorization for mayor and City Clerk to Execute a Two-Year Extension for the existing Commercial Garbage Collection Franchise Agreement with IWS, effective October 16, 1993 • AGENDA 7-20-93
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Item VI I
Ocoee ------- -
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CITY OF OCOEE
RUSTY JOHNSON
�� ' d 150 N.LAKESHORE DRIVE PAUL W.FOSTER
.:.603
D OCOEE,FLORIDA 34761 VERN COMBS
(+� ?V (407)656-2322 SAM WOODSON
1), AN
Op GOB N> CITY MANAGER
ELLIS SHAPIRO
1
STAFF •
REPORT
TO: The Honorable Mayor and Board of City Commissioners
FROM: Ray Brenner, Public Works Director
DATE: July 20 , 1993
RE: Industrial Waste Service, Inc.
Commercial Garbage Collection Franchise Agreement
ISSUE:
Should the Honorable Mayor and Board of City Commissioners extend
the existing term for an additional two ( 2 ) years commencing with
the expiration of the initial three ( 3 ) year term on the commercial
garbage collection franchise agreement?
BACKGROUND/DISCUSSION:
On the 16th day of October, 1990 , the City of Ocoee and the
Industrial Waste Service , Inc . entered into an agreement for the
purpose of granting an exclusive franchise for the collection of
commercial garbage within the corporate limits of the city.
Section 4 of that agreement specifies the term of the franchise
shall be granted for a period of three ( 3 ) years unless sooner
terminated by a breach of those terms. The franchisee may extend,
by mutual agreement , for an additional two ( 2 ) year term commencing
with the expiration of the initial three ( 3 ) year term. Should the
city or the franchisee determine not to extend the term of the
franchise, they shall provide written notice of such intent to the
other party no later than ninety ( 90 ) days before the termination
date of the franchise.
Attached is a copy of the agreement and a letter from Mr. Charles
Wilson, General Manager, IWS Co. requesting the extension of the
existing agreement.
Page 2 .
The Honorable Mayor and Board of City Commissioners
July 20 , 1993
RECOMMENDATION:
Based on the performance of the Industrial Waste Services, Inc .
Company for the past three years , and the professional manner in
which they resolved complaints , it is staff' s recommendation that
you approve the two year extension of the existing commercial
garbage collection franchise agreement , section 4 , effective the
16th day of October 1993 .
INDUSTRIAL WASTE SERVICE,INC.
1099 MILLER DRIVE
ALTAMONTE SPRINGS,FL 32701
(407)831-1539 Seminole
(407)425-6600 Orange
(407)892-2298 Osceola
June 30, 1993
Mr. Ray Brenner
Director of Public Works
City of Ocoee
150 N. Lakeshore Drive
Ocoee, Florida 34761
Dear Mr. Brenner:
Industrial Waste Service, Inc. (IWS) , respectfully requests that
our Commercial Garbage Collection Franchise Agreement within the
City limits of Ocoee be extended for another two (2) year term as
outlined in the Agreement on Page 1, Section 4 .
IWS is ready to work with the staff to implement a Commercial
Recycling Program.
As always, IWS is pleased to service the City of Ocoee and look
forward to a continued relationship with the business community.
Sincerely
C
Charles Wilson
General Manager
CW:ms
cc: Ed Johnson, Regional Manager
Thomas Daly, Director of Marketing
A Commercial, Residential and Industrial Disposal Company
07/15/93 17:16 FOLEY & LARDNER 2002/002
SECOND AMENDMENT
TO THE COMMERCIAL GARBAGE COLLECTION
FRANCHISE AGREEMENT
THIS SECOND AMENDMENT TO THE COMMERCIAL GARBAGE
COLLECTION AGREEMENT is made and entered this 20th day of July,
1993, by and between the CITY OP OCOEE, a Florida municipal
corporation, (hereinafter referred to as the "City") and INDUSTRIAL
WASTE SERVICE, INC. , a Florida corporation, (hereinafter referred
to as the "Franchisee") .
HITNzsIETH:
WHEREAS, the City and Franchisee have previously entered
into a Commercial Garbage Collection Franchise Agreement, dated
October 16, 1990, as amended March 29, 1993 ("the Agreement") ,
granting the Franchisee an exclusive franchise for the collection
of commercial garbage within the corporate limits of the City; and
WHEREAS, Section 4 of the Agreement provides that the
initial 3-year franchise term may be extended for an additional two
(2) years by mutual agreement of the City and Franchisee; and
WHEREAS, on July 20, 1993, the Board of City
Commissioners approved the extension of the term of the franchise
for an additional two (2) years pursuant to Section 4 of the
Agreement; and
WHEREAS, the City and Franchisee desire to amend the
Agreement to extend the term of the franchise as more particularly
set forth below;
NOW, THEREFORE, in consideration of the premises and
other valuable considerations, the receipt and sufficiency of which
are hereby acknowledged, and intending to be legally bound hereby,
the City and Franchisee hereby agree as follows:
1. The preambles above are true and correct and are
incorporated herein by this reference.
2. All defined terms used in this Second Amendment
which are not otherwise defined herein shall have the meaning
ascribed to them in the Agreement.
3. Pursuant to Section 4 of the Agreement, the City and
the Franchisee agree to extend the term of the franchise for an
additional two years commencing upon the expiration of the initial
3-year franchise term.
4. Except as hereinabove provided, the terms and
provisions of the Agreement are hereby ratified and confirmed by
the parties hereto and shall remain in full force and effect.
07/15/93 16:41 FOLEY & LARDNER 12003/003
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 July, 1993.
"CITY"
Signed, sealed and delivered CITY OF OCoEE
in the presence of: _
Sy:
Printed Name: S. Scott Vandergrift, Mayor
Attest:
Printed Name: Jean Grafton,
City Clerk
(SEAL)
"FRANCHISEE"
INDUSTRIAL WASTE SERVICE, INC.
By:
Printed Name: — Printed Name:
President
Attest:
Printed Name: Printed Name:
Secretary
(SEAL)
For the use and reliance only
by the City of Ocoee, Florida.
Approved as to form and legality
this day of July, 1993 .
FOLEY a LARDNER
By:
City Attorney