Loading...
Item #13 Approval of Industrial Waste Services and Disposal Agreement with Waste Management for Vista Landfill ocoee florida AGENDA ITEM COVER SHEET Meeting Date: July 19, 2016 Item # �J Reviewed By: Contact Name: Stephen C. Krug Department Director: Contact Number: 6002 City Manager: r/T (-� F . Subject: Industrial Waste Services & Disposal Agreement with Waste Ma agement for Vista Landfill. Background Summary: The City has historically utilized Waste Management's Vista Landfill in Apopka for the disposal of yard waste, construction debris and street sweeper debris - categorized as Class III materials by the State of Florida. Vista Landfill is the closest Class III landfill to the City as the County only accepts Class I garbage at the Porter Transfer Station. The City has been operating from a 2006 service agreement for the Vista Landfill that did not have an end date, leading Public Works to request an updated agreement from Waste Management with a defined term of service. The Solid Waste and Stormwater Utilities utilize the Vista Landfill as budgeted for approximately $240,000 and $45,000 respectively. Public Works recommends executing the updated agreement with Waste Management for the continued use of the Vista Landfill. Public Works is also requesting $39,370.78 in unused Solid Waste vehicle purchase funds be reallocated to the sanitary landfill account line. Issue: Request the City Commission approve executing the agreement with Waste Management for the continued use of the Vista Landfill and reallocate unused Solid Waste vehicle funds for landfill disposal expenses. Recommendations: Recommend the City Commission approve executing the Industrial Waste Services & Disposal Agreement with Waste Management for continued use of the Vista Landfill and the reallocation of $39,370.78 in unused Solid Waste vehicle purchase funds to the sanitary landfill account line. Attachments: Waste Management Industrial Waste Services & Disposal Agreement. Financial Impact: The cost of the disposal is adequately funded in the Solid Waste and Stormwater Utility Funds Sanitary Landfill account lines. Type of Item: (please mark with an "x) Public Hearing For Clerk's Dept Use: Ordinance First Reading X 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 Review ed by ( ) N/A 2 INDUSTRIAL WASTE SERVICES & DISPOSAL WASTE MANAMPREPITT AGREEMENT COMPANY: Vista Landfill, LLC CUSTOMER: City of Ocoee A WASTE MANAGEMENT COMPANY Name: Janice Hill Name: X Date Title: X Date PRINT Title: Technical Service representative Initial Term: 36 months Effective Date of Agreement: This Industrial Waste&Disposal Services Agreement,consisting of the terms and conditions set forth herein,and Exhibit A, and/or Confirmation Letter(s)and the Profile Sheet(s)entered into from and after the date hereof from time to time(all of the foregoing being collectively referred to as the"Agreement"),is made as of the Effective Date shown above by and between the Customer named above, on its and its subsidiaries and affiliates behalf(collectively, "Customer") and the Waste Management entity named above("the Company"). TERMS AND CONDITIONS 1.SERVICES PROVIDED. The Company will provide Customer with col- ordinances, regulations, orders, permits or other legal requirements applica- lection, management, transportation,disposal, treatment, and recycling ser- ble to the Industrial Waste. vices ("Services")for Customer's non-hazardous solid waste, special waste, 3.TERM OF AGREEMENT; RIGHT OF FIRST REFUSAL.The Initial Term and/or hazardous waste(collectively"Industrial Waste")as described on Ex- of this Agreement shall be 36 months,commencing on the Effective Date set hibit A and/or Confirmation Letter(s) and/or applicable Profile Sheets. Solid forth above. This Agreement shall automatically renew thereafter for addi- Waste means garbage, refuse and rubbish including those which are recy- tional terms of twelve(12)months each("Renewal Term")unless either party clable but excluding Special Waste and Hazardous Waste. Special Waste gives to the other party written notice of termination at least ninety(90)days includes polychlorinated biphenyl ("PCB") wastes, industrial process wastes, prior to the termination of the then-existing term; provided however, that the asbestos containing material, petroleum contaminated soils, treated/de- terms and conditions of this Agreement shall remain in full force and effect, characterized wastes, incinerator ash, medical wastes,demolition debris and in accordance with its terms, with respect to any uncompleted or unfinished other materials requiring special handling in accordance with applicable fed- Service provided for in an Exhibit A,Confirmation Letter and/or Profile Sheet eral, state, provincial or local laws or regulations. Hazardous Waste means until such Service is completed. Customer grants to Company a right of first any toxic or radioactive substances, as such terms are defined by applicable refusal to match any offer which Customer receives or intends to make after federal,state,provincial or local laws or regulations.All Industrial Waste that is the completion of any Term of this Agreement relating to any services pro- generated, handled and/or collected by Customer shall be managed exclu- vided hereunder and further agrees to give Company prompt written notice sively by Company during the term of this Agreement.When Company han- of any such offer and a reasonable opportunity to respond to it. dies special or hazardous waste for Customer, Customer will provide Com 4. INSPECTION; REJECTION OF WASTE. Title to and liability for Non- pany with a Generator's Waste Profile Sheet("Profile Sheet") describing all conforming Waste shall remain with Customer at all times. Company shall special or hazardous waste, and provide a representative sample of such have the right to inspect,analyze or test any waste delivered by Customer. If waste on request. In the event this Agreement includes transportation by Customer's Industrial Waste is Nonconforming Waste, Company can, at its Company, Customer shall, at the time of tender, provide to Company accu option, reject Nonconforming Waste and retum it to Customer or require Cus- rate and complete documents, shipping papers or manifests as are required tomer to remove and dispose of the Nonconforming Waste at Customer's ex- for the lawful transfer of the special or hazardous waste under all applicable pense.Customer shall indemnify, hold harmless(in accordance with Section federal,state or local laws or regulations.Tender of delivery shall be consid 9) and pay or reimburse Company for any and all costs, damages and/or ered nonconforming if not in accordance with this Paragraph. fines incurred as a result of or relating to Customer's tender or delivery of 2.CUSTOMER WARRANTIES. Customer hereby represents and warrants Nonconforming Waste or other failure to comply or conform to this Agree- that all waste material delivered by Customer to Company shall be in accor- ment,including costs of inspection,testing and analysis. dance with waste descriptions given in this Agreement and shall not be or 5. SPECIAL HANDLING; TITLE. If Company elects to handle, rather than contain any Nonconforming Waste."Nonconforming Waste"means: (a)non reject, Nonconforming Waste, Company shall have the right to manage the hazardous Solid Waste that contains regulated Special Waste or Hazardous same in the manner deemed most appropriate by Company given the char Waste; (b)waste that is not in conformance with the description of the waste acteristics of the Nonconforming Waste. Company may assess and Cus- in Exhibit A, the Confirmation Letter(s) or the Profile Sheet incorporated tomer shall pay additional fees associated with delivery of Nonconforming herein; (c) waste that is or contains any infectious waste, radioactive, vola Waste, including, but not limited to, special handling or disposal charges, tile, corrosive, flammable, explosive, biomedical, biohazardous material, and costs associated with different quantities of waste, different delivery regulated medical or hazardous waste or toxic substances, as defined pur dates, modifications in operations, specialized equipment, and other opera- suant to or listed or regulated under applicable federal, state or local law, tional, environmental, health, safety or regulatory requirements. Title to and except as stated on the Profile Sheet or Confirmation Letter; or (d) waste ownership of acceptable Industrial Waste shall transfer to Company upon its that is prohibited from being received, managed or disposed of at the desig final acceptance of such waste. nated disposal facility by federal, state or local law, regulation, rule, code, ordinance,order, permit or permit condition. Customer(including its subcon- 6.COMPANY WARRANTIES. Company hereby represents and warrants tractors) represents and warrants that it will comply with all applicable laws, that: (a) Company will manage the Industrial Waste in a safe and work- manlike manner in full compliance with all valid and applicable federal, state ®Waste Management(rev.8/6/2014) Page 1 of 2 INDUSTRIAL WASTE&DISPOSAL AGREEMENT and local laws, ordinances, orders, rules and regulations; and (b) it will use changes and regulations, restrictions (including land use) therein, and the disposal facilities that have been issued permits, licenses, certificates or ap- affected party shall be excused from performance during the occurrence of provals required by valid and applicable laws, ordinances and regulations such events. necessary to allow the facility to accept, treat and/or dispose of Industrial 11.ASSIGNMENT. This Agreement shall be binding on and shall inure to Waste.Except as provided herein,Company makes no other warranties and the benefit of the parties and their respective successors and assigns. hereby disclaims any other warranty,whether implied or statutory. 12. ENTIRE AGREEMENT. This Agreement represents the entire under- 7. LIMITED LICENSE TO ENTER. When a Customer is transporting In- standing and agreement between the parties relating to the management of dustrial Waste to a Company facility, Customer and its subcontractors shall waste and supersedes any and all prior agreements,whether written or oral, have a limited license to enter a disposal facility for the sole purpose of off- between the parties regarding the same; provided that, the terms of any na- loading Industrial Waste at an area designated, and in the manner directed, tional service agreement between the parties shall govern over any incon- by Company. Customer shall, and shall ensure that its subcontractors,com- sistent terms herein. ply with all rules and regulations of the facility, as amended. Company may 13.TERMINATION; LIQUIDATED DAMAGES. Company may immediately reject Industrial Waste,deny Customer or its subcontractors entry to its foci/ terminate this Agreement, (a)in the event of Customer's breach of any term ity and/or terminate this Agreement in the event of Customer's or its subcon or provision of this Agreement, including failure to pay on a timely basis or tractors'failure to follow such rules and regulations. (b) if Customer becomes insolvent,the subject of an order for relief in bank- 8. CHARGES AND PAYMENTS. Customer shall pay the rates set forth on ruptcy, receivership, reorganization dissolution, or similar law, or makes an Exhibit A or a Confirmation Letter,which may be modified as provided in this assignment for the benefit of its creditors or if Company deems itself in- Agreement. The rates may be adjusted by Company to account for: any in- secure as to payment("Default").Notice of termination shall be in writing and crease in or to recoup all or any portion of, disposal, transportation, fuel or deemed given when delivered in person or by certified mail, postage pre- environmental compliance fees or costs; any change in the composition of paid, return receipt requested. In the event Customer terminates this Agree- the Industrial Waste; increased costs due to uncontrollable circumstances, ment prior to the expiration of any Initial or Renewal Term for any reason including,without limitation,changes in local, state or federal laws or regula- other than as provided herein, or in the event Company terminates this tions, imposition of taxes, fees or surcharges and acts of God such as Agreement for Customer's Default, liquidated damages in addition to the floods, fires, etc. Company may also increase the charges to reflect in- Company's legal fees shall be paid and calculated as follows: 1) if the re- creases in the Consumer Price Index for the municipal or regional area in maining Initial Term under this Agreement is six or more months, Customer which the Services are rendered. Increases in charges for reasons other shall pay its most recent monthly charges multiplied by six; 2) if the remain- than as provided above require the consent of Customer which may be evi- ing Initial Term under this Agreement is less than six months,Customer shall denced verbally, in writing or by the actions and practices of the parties. All pay its most recent monthly charges multiplied by the number of months re- rate adjustments as provided above and in Paragraph 5 shall take effect maining in the Term;3)if the remaining Renewal Term under this Agreement upon notification from Company to Customer. Customer shall pay the rates is three or more months, Customer shall pay its most recent monthly in full within 30 days of invoice date. Customer shall pay a late fee on all charges multiplied by three; or 4) if the remaining Renewal Term under this past due amounts accruing from the date of the invoice at a rate of 2.5%per Agreement is less than three months, Customer shall pay its most recent month or,if less,the maximum rate allowed by law. monthly charges multiplied by the number of months remaining in the Re- 9. INDEMNIFICATION.The Company agrees to indemnify,defend and save newal Term.Customer acknowledges that the actual damage to Company in Customer harmless from and against any and all liability (including reason- the event of termination is difficult to fix or prove, and the foregoing liqui- able attorneys fees)which Customer may be responsible for or pay out as a dated damages amount is reasonable and commensurate with the antici- result of bodily injuries (including death), property damage, or any violation pated loss to Company resulting from such termination and is an agreed or alleged violation of law,to the extent caused by Company's breach of this upon fee and is not imposed as a penalty. Collection of liquidated damages Agreement or by any negligent act, negligent omission or willful misconduct by Company shall be in addition to any rights or remedies available to Com- of the Company or its employees, which occurs (1) during the collection or pany under this Agreement or at common law. transportation of Customer's Industrial Waste by Company,or(2)as a result 14. MISCELLANEOUS. (a) The prevailing party will be entitled to recover of the disposal of Customer's Industrial Waste, after the date of this Agree- reasonable fees and court costs, including attomeys'fees, in interpreting or ment, in a facility owned by a subsidiary or affiliate of Waste Management, enforcing this Agreement. In the event Customer fails to pay Company all provided that the Company's indemnification obligations will not apply to amounts due hereunder, Company will be entitled to collect all reasonable occurrences involving Nonconforming Waste. collection costs or expenses, including reasonable attomeys fees, court Customer agrees to indemnify, defend and save the Company harmless costs or handling fees for returned checks from Customer; (b) The validity, from and against any and all liability (including reasonable attorneys fees) interpretation and performance of this Agreement shall be construed in ac- which the Company may be responsible for or pay out as a result of bodily cordance with the law of the state in which the Services are performed; (c)If injuries(including death), property damage, or any violation or alleged viola- any provision of this Agreement is declared invalid or unenforceable, then tion of law to the extent caused by Customer's breach of this Agreement or such provision shall be deemed severable from and shall not affect the re- by any negligent act, negligent omission or willful misconduct of the Cus- mainder of this Agreement, which shall remain in full force and effect; (d) tomer or its employees, agents or contractors in the performance of this Customer's payment obligation for Services and the Warranties and Indem- Agreement or Customer's use, operation or possession of any equipment nification made by each party shall survive termination of this Agreement. furnished by the Company. Agreed&Accepted VISTA LANDFILL Neither party shall be liable to the other for consequential,incidental or puni- tive damages arising out of the performance of this Agreement. COMPANY 10. UNCONTROLLABLE CIRCUMSTANCES. Except for the obligation to Signed: make payments hereunder, neither party shall be in default for its failure to Authorized Signatory perform or delay in performance caused by events beyond its reasonable CUSTOMER control, including, but not limited to, strikes, riots, imposition of laws or gov- Signed: X ernmental orders,fires,acts of God,and inability to obtain equipment,permit Authorized Signatory CITY OF OCOEE ©Waste Management(rev.8/6/2014) Page 2 of 2 INDUSTRIAL WASTE&DISPOSAL AGREEMENT Industrial Waste Service Agreement Exhibit A WM Profile# C&D&MSW Customer Billing Information: Customer Contracting Address: Customer Service Location: City of Ocoee (if different from Billing Address) (if different from Billing Address) 150 N Lakeshore Drive Ocoee, FL 34761-3194 Contact Name: Shirley Contact Phone: 407.905.3100 Contact Fax: 407.905.3194 Contact Email: mvandergriftAci.ocoee.f I.us WM of Florida WM Contact: Matthew Orr /morrl @wm.com/Sales#546 TSR Contact: Janice Hill/ihill nwm.com MSW Rate per Yardwaste WM Disposal Facility Ton Rate per Ton Minimum Charge Chesser Island Landfill - - Deland Landfill - - Monarch Hill Landfill - - Okeechobee Landfill - - Orlando Transfer Station - - Pine Ridge Landfill - - Pinellas Transfer Station - - X Vista Landfill - $35.00 Ton 2 Ton Min WM Sumter Transfer Station - - WM Recycling Hialeah - - WM Homestead C and D Facility - - WM Recycling Naples - - WM Recycling Pompano - - WM Recycling Riviera Beach - - Fuel Surcharge Will Apply Environmental 10% Terms: 36 Months Regulatory Cost Recovery Charge 3.6% Date of Terms: 6/9/2016 thru 6/8/2019 Rates may vary and are subject to change. Account# 684-25 Additional Information: Payment terms: Per Invoice Salesperson Code: State 2 digit code: Waste CAT: BA EV Waste Type:MD SP ID HZ THE WORK CONTEMPLATED BY THIS EXHIBIT A IS TO BE COMPLETE IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE INDUSTRIAL WASTE& DISPOSAL SERVICES AGREEMENT BETWEEN THE PARTIES DATED To confirm receipt and accept pricing, please sign &date below. CUSTOMER'S SIGNATURE: DATE: PREPARED BY: DATE: Janice Hill/TSR 2015 Administrative and Operational Fees and Gate Rates for Vista,Pine Ridge and Deland Landfills effective April 01,2015 Gate Rates Please note,all loads are charged a fuel surcharge that varies each week according to the price of fuel. In addition to the fuel surcharge,all cash customers are charged an environmental fee of$10.00 (up to 2 ton loads)or$20.00(for loads over 2 tons.)and a regulatory cost recovery fee of 3.6%. Customers who have a charge account with us are charged an environmental fee of 11% as well as the fuel surcharge. Vista Landfill C&D/Class III $ 28.00 per ton, 2 Ton minimum Yard Waste $ 35.00 per ton, 2 Ton minimum Asbestos $ 200.00 per ton, one-ton minimum per load Shredded Tires $ 100.00 per ton, $100 minimum per load Mobile home $ 5.50 per cubic yard, $550 minimum charge Boat $ 5.50 per cubic yard, $200 minimum per load Pine Ridge Landfill C&D $ 30.00 per ton, 2 Ton minimum Yard Waste $ 35.00 per ton, 2 Ton minimum Vista and Pine Ridge Landfills Small tire $ 50.00 each Large tire $ 75.00 each Tires by the ton(only at Vista) $ 450.00 per ton, one ton minimum White Goods $ 27.00 each Deland Landfill C&D $ 30.00 per ton, one-ton minimum per load C&D/ClassIII $ 37.00 per ton, one-ton minimum per load Green Waste (Yard Waste) $ 42.00 per ton, one-ton minimum per load Asbestos $ 200.00 per ton, one-ton minimum per load Operational Fees Large Dig out fee $ 175 Tractor trailer or 30 minutes Small Dig Out fee $ 50 Trailer,Roll-off less than 30 min Hard to Handle Fee $ 25 3 or less mattresses Mattress Hard to Handle Fee $ 150 4 or more mattresses Weighing charge $ 10 Untarped Load $200 Special Handling Fee $ 175 Unscheduled Late Load $250 Overweight Loads $250 Waste Ban items $ 50 Hard Hat $ 12 Safety Vest $ 6 Adminstrative Fees Copy of weigh tickets $ 50 Copy of any document $ 50 Credit Approval fee $ 50 Certificate of Destruction $200