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Home My WebLink AboutCity of Tamarac Ordinance O-1995-008Temp. Ord. #1= Page 1 April 12, 1995 Rev. 1: May 5, 1995 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-95-F AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN ADDENDUM TO THE OCTOBER 4, 1994 AGREEMENT BETWEEN THE CITY OF TAMARAC AND ALL SERVICE REFUSE COMPANY, INC. FOR FURNISHING SINGLE FAMILY SOLID WASTE COLLECTION SERVICES; PROVIDING FOR A MODIFICATION TO PARAGRAPH 3.5 OF THE AGREEMENT, CONSUMER PRICE INDEX ADJUSTMENT; CHANGING THE CONSUMER PRICE INDEX ADJUSTMENT FROM JANUARY 1 TO OCTOBER 1 FOR THIS AND ALL SUBSEQUENT YEARS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 4, 1994, the City of Tamarac and All Service Refuse Company, Inc. entered into an Agreement for furnishing single family solid waste collection services (the Agreement); and WHEREAS, the Agreement was approved by Ordinance No. 94-13 on September 28, 1994; and WHEREAS, All Service Refuse Company, Inc. has requested an amendment to Section 3.5 of the Agreement to provide that the Consumer Price Index Adjustment that was to be effective on January 1, 1995 shall be postponed and shall become effective CODING: Words in stmek t type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #1716 Page 2 April 12, 1995 Rev. 1: May 5, 1995 October 1, 1995; and WHEREAS, All Service Refuse has requested that all future consumer price index adjustments be effective October 1; and and WHEREAS, the City Manager and the Assistant City Manager recommend approval; WHEREAS, the City Commission deems it to be in the best interest of the citizens and residents of the City of Tamarac to modify the effective date of consumer price index adjustments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the foregoing whereas clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTIONThat the appropriate City officials are hereby authorized to execute the Addendum to the Agreement between the City of Tamarac and All Service Refuse Company, Inc. For Single Family Waste Collection, attached hereto and made a part hereof as "Exhibit 1". SECTION-3.All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. CODING: Words in struelt thrreagh type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #1716 Page 3 April 12, 1995 Rev. 1: May 5, 1995 SECTION 4: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given affect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECTION 5: This Ordinance shall become effective immediately upon its passage and adoption. PASSED, FIRST READING this /o day of PASSED, SECOND READING this .24 day of ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this / ORDINANCE as to form. 11TCHELL S. K CITY ATTORN (c:\userdata\wpdata\ord\allsys. ms) 7X , 1995. 1995. NORMAN ABRAMOWITZ MAYOR RECORD OF COMMISSION MAYOR ABRAMOW= � DIST. 1: V / M KATZ plS;_ 2: COMM. MISHKIN 'IS COMM. SCHREIBER Dim COMM.MACH 4l10l�s .51,2 :L- 0 - P5--Y Addendum ber 4 1994 Aciregment Detween the of Tam and All Service Refuse Company, Inc. For Furnishing in le Family Solid Waste lec ion Services This Addendum to the Agreement between the City of Tamarac (hereinafter "CITY") and All Service Refuse Company, Inc. (hereinafter "CONTRACTOR") is made and entered into this g. day of 11995. 61 WITNESSETH WHEREAS, the CITY and CONTRACTOR entered into an Agreement dated October 4, 1994, relating to the furnishing of single family solid waste collection services in the City of Tamarac; and WHEREAS, the Agreement between All Service and the City provides for a Consumer Price Index (CPI) adjustment to be effective on January 1 of each year; and WHEREAS, the Agreement also provides for a tipping fee to pass through to the consumer when the per ton cost of disposal changes; and WHEREAS, due to the Interlocal Agreement between the City and the County for use of the Resource Recovery System, the disposal cost increases on October 1 of each year; and WHEREAS, residents of the City receive a bill from All Service four (4) times a year with every other bill having a rate increase; and WHEREAS, All Service Refuse has expressed a strong desire to have a long term mutually rewarding relationship with the City; and WHEREAS, raising the rate to the customer every other billing cycle is not an effective way for All Service to accomplish its goal; and WHEREAS, All Service has requested an amendment to the Agreement that would have the effect of the customer having a rate increase only once each year on October 1. May 5, 1995 NOW, THEREFORE, in addition to the obligations set forth in the Agreement of October 4, 1994, between CITY and CONTRACTOR, the parties agree as follows: 1. Article 3, Fees and Revenues, §3.5 Consumer Price Index (CPI) Adjustment is amended to read as follows: Article 3 Fees and _Revenues §3.5 Consumer Price CPI Ad' en If this agreement is not terminated as provided herein, on danuery 1 October 1 of each subsequent year hereof, the rate shall be adjusted by the same percentage increase or decrease, if any in the Miami Urban Consumer Price Index (CPI) for the twelve (12) month period ending the previous Septembef June 30. The Consumer_ Price Index Adjustment, not to exceed four pgrcent (4yo), of the rate to be gffective January.1, 1995 shall be postgoned and shall become effective on O ctobgr 1 1995- In addition to the foregoing adjustment. a Consumer Pr ce Index A 'u tmgnt of the rate, for the 9 month perigd from October 1. 1994 through June 30. 1995, not--to-exceed 4% far this adjustment. shall also become ffective on__October-t 1 gg On each subsequent October J of this agreement. the rate shall_be adjustedby the same_ erp_gritage increase or decrease. if any, in the Miami Urban ConsumePrice- (CPI) for -the -twelve (12) month _period ending the previous June 30. Exgept for the two- (2) adjustments set forth hereinabov% Jo take place on October 19ffl. no CPI adjustment in the rate shall exceed four percent (4%) for any one (1) year, except that in the event of an extraordinary increase in the CPI in such twelve (12) month period, CONTRACTOR shall have the right, between Beeengber 1 and Beeermber 81 Se tp ember 1 god SepteMber 30 subsequent to the twelve (12) month period, to petition CITY by filing a petition with the Contract Administrator for an adjustment in the rate above the four percent (4%) maximum level. The CONTRACTOR'S petition shall contain financial information which shall substantiate the requested adjustment. The Contract Administrator shall within thirty (30) days of receipt of the petition recommend to the City Gounei} Commissign that the petition be approved, denied or approved with modifications. Approval, denial or approval with modifications shall be within the sole discretion of the City Gouneil Commission and shall be final and binding. 2. The October 4, 1994 Agreement between CITY and CONTRACTOR and all May 5, 1995 2 subsequent amendments and addendums thereto not subject to this or other duly executed amendments and addendums remain in full force and effect. Failure to specifically delineate any prior terms or conditions in this addendum does not operate to relieve CITY or CONTRACTOR of any obligations pursuant to the Agreement or waive any rights contained therein. 3. Effective date of this Agreement shall be date of execution by the last party to execute. IN WITNESS WHEREOF, the parties hereto have made and executed this Addendum to Agreement on the respective dates under each signature, the City of Tamarac signing through its City Manager and its City Commission signing by and through its Mayor, Norman Abramowitz, and All Service Refuse signing by and through Harold Carter, duly authorized to execute same. ATTEST: dLZZ:2� Carol Evans, City Clerk Date: 24 1275- CMOFTAMARA� APPROVED AT MEETING OF 5/2/ May 5, 1995 3 CITY OF TAMARAC_ By: rman Abramowitz, Mayor Date: Robert S. Noe, Jr., City Manager a /,I Ici ed as to form and legal nc Mitchell S. Kraft, Cit Attorney i ATTEST Corporate Secretary Peter W. Wright Type name of Corporate Secretary (CORPORATE SEAL) STATE OF FLORIDA COUNTY OF/6,,,=FL CONTRACTOR: President Date: Before me personally appeared Harold Carter , to me well known and known to me to be the person described in and who executed the foregoing instrument, and acknowledged to and before me that he/she executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this 29 day of June , 1995. My Commission Expires: Personally known x Produced Identification Did/Did Not take an oath r:1 otary Public, State of Florida At Large Joanne T. Elliott Print or Type Name of Notary „ JOANNE T. ELU07T MY CmtssION 1 CC 96M4 EXPIRES: May 21. ION May 5, 1995 4