Item #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