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Home My WebLink AboutCity of Tamarac Ordinance O-1995-015Temp. Ord. #1737 Revised 8/30/95 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-95- 11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN ADDENDUM TO THE FEBRUARY 24, 1993 AGREEMENT BETWEEN THE CITY OF TAMARAC AND WASTE MANAGEMENT, INC., OF FLORIDA D/B/A SOUTHERN SANITATION FOR FURNISHING RESIDENTIAL MULTI- FAMILY SOLID WASTE COLLECTION SERVICES; PROVIDING FOR A MODIFICATION TO PARAGRAPH 3.5 OF THE AGREEMENT, CONSUMER PRICE INDEX ADJUSTMENT; WAIVING THE CONSUMER PRICE INDEX ADJUSTMENT IN JANUARY 1996 AND JANUARY 1997; PROVIDING FOR A MODIFICATION TO PARAGRAPH 4.1 OF THE AGREEMENT, CONTRACT TERM; EXTENDING THE CONTRACT EXPIRATION FROM DECEMBER 31, 1997 TO DECEMBER 31, 2001; PROVIDING FOR A MODIFICATION TO PARAGRAPH 9.1 (d) (1) OPTIONAL SERVICES CASTER SERVICES; ELIMINATING THE CASTER SERVICE CHARGE; AND PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE WHEREAS, on February 24, 1993, the City of Tamarac and Waste Management, Inc., of Florida D/B/A Southern Sanitation entered into an Agreement for furnishing residential multi -family solid waste collection services (the Agreement); and WHEREAS, the Agreement was approved by Ordinance No. 0-93-3 on February 24, 1993; and WHEREAS, Waste Management, Inc., of Florida D/B/A Southern Sanitation 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, 1996 and January 1, 1997 1 Temp. Ord. #1737 Revised 8/30/95 shall be waived; and WHEREAS, Waste Management, Inc., of Florida D/B/A Southern Sanitation has requested an amendment to Section 4.1 of the Agreement to extend the expiration date of the Agreement from December 31, 1997 to December 31, 2001; and WHEREAS, Waste Management, Inc., of Florida D/B/A Southern Sanitation has requested an amendment to Section 9.1 (d)(1) Optional Services to eliminate caster charges; and WHEREAS, the City Manager and City Attorney recommend approval; and WHEREAS, the City Commission deems it to be in the best interest of the citizens and residents of the City of Tamarac to waive consumer price index adjustments in January 1996 and January 1997, extend the term of the Agreement from December 31, 1997 to December 31, 2001, and eliminate the monthly caster charges. 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. ,$FCTION 2: That the appropriate City officials are hereby authorized to execute the Addendum to the Agreement between the City of Tamarac and Waste Management, Inc., of Florida D/B/A Southern Sanitation, Inc. for residential multi -family Waste Collection, attached hereto and made a part hereof as "Exhibit 1 ". 6 Temp. Ord. #1737 Revised 8/30/95 SECTION -I All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. 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 // day of �� , 1995. PASSED, SECOND READING this ? day of f-em, 1995. fN*OORMAN ABRAMOWIT MAYOR ATTEST: CAROL A. EVANS CITY CLERK RECORD OF COMMISSION VOTE MAYOR ABRAMOWITZ HEREBY CERTIFY that I DIST. 1: V / M KATZ have approved this lj'ST. 2: COMM. MISHKIN DINANCE as to form. U: ST. 3: COMM. SCHREIBER UST. 4: COMM. MACHEK � MITCHELL S. KR FT CITY ATTORNEY 3 %-\ co', . C] 1 7 Revised 8/30/95 Revised 9/8/95 Revised 9/1 T/95 Addendum to Februaryy. 24. 1993 Agreemgnt Bgbgeen_the City gf Tamarac F-71MI Waste -Management. Ing„ of Florida D/B/A SQ„Uthern Sanitation FCC Furnishing Residential Multi -Family Solid W I ection Serviges This Addendum to the Agreement between the City of Tamarac (hereinafter "CITY") and Waste Management, Inc., of Florida D/B/A Southern Sanitation (hereinafter "CONTRACTOR") is made and entered into this day of •5 b , 1995. WITNESSETH WHEREAS, the CITY and CONTRACTOR entered into an Agreement dated February 24, 1993, relating to the furnishing of residential multi -family solid waste collection services in the City of Tamarac; and WHEREAS, the Agreement between Waste Management, Inc., of Florida D/B/A Southern Sanitation and the City provides for a Consumer Price Index (CPI) adjustment to be effective on January 1 of each year; and WHEREAS, Waste Management, Inc., of Florida D/B/A Southern Sanitation has expressed a strong desire to have a long term mutually rewarding relationship with the City; and WHEREAS, Waste Management, Inc., of Florida D/B/A Southern Sanitation 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, 1996 and January 1, 1997 be waived; and WHEREAS, Waste Management, Inc., of Florida D/B/A Southern Sanitation has requested an amendment to Section 4.1 of the Agreement to provide an extension of the term of the Agreement from December 31, 1997 to December 31, 2001; and 1 o- qs- i.f Revised 8/30/95 Revised 9/8/95 Revised 9/11 /95 WHEREAS, Waste Management, Inc., of Florida D/B/A Southern Sanitation has requested an amendment to paragraph 9.1(d)(1) of the Agreement to provide that the monthly caster charge is hereby waived; and WHEREAS, Waste Management, Inc., of Florida D/B/A Southern Sanitation has requested an amendment to the Agreement that would have the effect of reducing the residential multi -family rate by waiving the January 1, 1996 and January 1, 1997 Consumer Price Index Adjustment and eliminating caster charges. NOW, THEREFORE, in addition to the obligations set forth in the Agreement of February 24, 1993, 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 RevQnljees_ §3.5 Consumer Prigg Index PI n If this agreement is not terminated as provided herein, on January 1 of each subsequent year hereof, the rate shall be adjusted by the same percentage increase or decrease, if any, in the Miami All Urban Consumer Price Index (CPI) for all items for the twelve (12) month period ending the previous September 30. Notwithstanding the foregoing sentence, no CPI adjustment in the rate shall exceed four percent (4%) for any one (1) year, except that in the event of an extraordinary increasse in the CPI in such twelve (12) month period, CONTRACTOR shall have the right, between December 1 and December 31 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 veil Commission 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 Eeune" Q mmission and shall be final and binding. 2 _ 1-11 s Revised 8/30/95 Revised 9/8/95 Revised 9/11/95 Tho QonsumerPrice Index Ad' hall not be ff ive Januacy 6 and January1 d shall be waived only for jhgse periods. Therea radjustments in thg raig shallocgur_as set forth herein above. 2. Article 4, Term, Section 4.1 Contract Term is amended to read as follows: Artigle 4 Term 4.1 Contract Term The term of this Agreement shall be for a five (5) year period commencing on and including January 1, 1993 and expiring on December 31, 1997. Effective September 27, 1995. this Agreement shall be eggndgd four 4) years andx D em . Service shall commence no later than forty-five (45) days from the date this contract is executed by both parties. 4.3 Rengwal Term This Agreement shall be renewable by agreement of both parties for one (1) three (3) year period. This option may be exercised by action of the City Geumeil-Commission and CONTRACTOR during the month of dtr1yg996, j&_2000 however, that the total remaining agreement shall never exceed eight (8) twelve (12) years. These options are available at the sole discretion of the CITY, and if exercised by CITY, CONTRACTOR shall be required to provide the same services upon the same terms and conditions for the extended agreement term. CITY shall not have any obligation to exercise these options. 3. Article 9, Compensation, Section 9.1(d)(1) Optional Services is amended to read as follows: Article9 Compensation 9.1(d)(1) Qxational Services: Sub A) Casters The caster charge per month maintnenance per container is eliminated from this Agreement. 3 i Revised 8/30/95 Revised 9/8/95 Revised 9/11 /95 4. The February 24, 1993 Agreement between CITY and CONTRACTOR and all subsequent amendments and addenda thereto not subject to this or other duly executed amendments and addenda 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. 5. 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 Waste Management, Inc., of Florida D/B/A Southern Sanitation signing by and through duly authorized to execute same. James A. Waters ATTEST: Carol Evans, City Clerk Date: Cl OF TAMA C By. No man Abramowitz, Mayor Date: Robert S. Noe, Jr., City Manager Date: o S� Approved to form an egal s A c Mitchell S. Kraft, City Attorney 4 STATE OF FLORIDA ) ss: Acknowledgement of City of Tamarac COUNTY OF BROWARD ) BEFORE ME, the undersigned authority this day personally appeared Norman Abramowitz, Mayor, and Robert S. Noe, Jr., City Manager, and acknowledged to me and before me that they executed the above and foregoing contract for the uses and purpose therein expressed with due authority in that behalf from the City Council of the City of Tamarac, Broward County, Florida. IN WITNESS WHEREOF, I have hereunto set my hand and official seal at Tamarac, Broward County, Florida on this day o , 1995. pQY OFFICIAL NOTARY SEAT. Ly KAREN LEE jnawN 04YIAI8SI,N NUMBER OFFLO CC201576 MY OWSMISSION EX% MAY 14 .X- Personally known to me Produced identification NoPublic, ZState c&lorida at Large Print or Type Name of Notary Public Commission Number & Expiration Date ►F1 C Corporate Secretary lebka L-71Lrraniao Type name of Corporate Secretary (CORPORATE SEAL.) STATE OF FLORIDA COUNTY OF BROWARD Revised 8/30/95 Revised 9/8/95 Revised 9/11 /95 Before me personally appeared James A. Waters , 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 .- day of Se t{�e er , 1995. Notary Pvoic, State of Florida At Large My Commission Expires: �} r--r a `7 I Q Personall k ' Pro uced Identification Did/Did Not take an oath. Print or Type Name of Notary ,•�,�.l�fjy�, L�ELIE JEM WHENCK _A MY CQMmMSION i CC 4SE15 ` �` EXPIRES: April 71,19M R, gip rnm ►lover PuMic Ur4sf +tent E