The URL can be used to link to this page

Home My WebLink AboutDocumentation_Regular_Tab 10_08/05/2010 VILLAGE OF TEQUESTA AGENDA ITEM TRANSMITTAL FORM 1. VILLAGE COUNCIL MEETING: Meeting Date: Meeting Type: Regular Ordinance #: N/A 08 -05 -2010 Consent Agenda: Yes Resolution #: 23 -10 Originating Department: Finance 2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report) First Addendum to Current Solid Waste and Recyclable collection Services Agreement amending section 17.5 pertaining to the calculation of the annual rate adjustment 3. BUDGET / FINANCIAL IMPACT: Affects 2010 -2011 Budget Amount of this item N/A Current Budgeted Amount Available: Amount Remaining after item: N/A N/A Budget Transfer Required: No Appropriate Fund Balance N/A 4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item) Amend current solid waste and recyclable collection agreement with Waste Management, section 17.5 pertaining to the annual rate adjustment collection 5. APPROVALS: Dept. Head: Finance Director- Attorney: (for legal sufficiency) Yes ❑ No ❑ Village Manager: ®r • SUBMIT FOR COUNCIL DISCUSSION: • APPROVE ITEM: ❑ • DENY ITEM: ❑ MEMORANDUM FINANCE DEPARTMENT DATE: JULY 28, 2010 TO: MICHAEL COUZZO, VILLAGE MANAGER CC: LORI MCWILLIAMS, VILLAGE CLERK FROM: JOANN FORSYTHE, FINANCE DIRECTOR RE: AGENDA ITEM AMENDING SECTION 17.5 OF THE CURRENT AGREEMENT WITH WASTE MANAGEMENT PERTAINING TO THE CALCULATION OF THE ANNUAL RATE ADJUSTMENT Please add the attached agenda item to the August 5, 2010 Regular Council Meeting of the Village of Tequesta. This resolution amends section 17.5 of the current contract with Waste Management Inc. for solid waste and recyclable collection services pertaining to the calculation of the annual rate adjustment. The changes are as follows. 1. The components that make up the rates (collection costs and fuel costs) are permanently separated for the purpose of calculating the annual change in rates. 2. The period to be used to calculate the percentage change in CPI is May to May (formerly June to June). The CPI is used to calculate the change in the collection cost component. 3. The period to be used to calculate the average percentage change in fuel is June through May. This percentage is used to calculate the annual change in rates pertaining to the fuel component. 7/28/103:39 PM RESOLUTION NO. 23 -10 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, PROVIDING FOR A FIRST ADDENDUM TO THE CURRENT SOLID WASTE AND RECYCLABLE COLLECTION SERVICES AGREEMENT, AMENDING SECTION 17.5 PERTAINING TO THE CALCULATION OF THE ANNUAL RATE ADJUSTMENT FOR COLLECTION AND FOR DIESEL FUEL CONSUMPTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Village Council of the Village of Tequesta desires to simplify and clarify the method by which annual rate adjustments for solid waste collection and diesel fuel consumption are calculated and applied to the Village's current agreement with Waste Management, Inc. of Florida; and WHEREAS, Waste Management, Inc. of Florida is in agreement with said simplification and clarification; and WHEREAS, A First Addendum to the current Agreement with Waste Management Inc. of Florida which provides for the above described amendments has been prepared, and has been approved and executed by Waste Management, Inc. of Florida; and WHEREAS, the Village Council desires to authorize the Mayor of Tequesta to execute said First Addendum for the benefit of the Village of Tequesta and its residents and businesses. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1: The Village Council of the Village of Tequesta hereby approves the First Addendum to the current Solid Waste And Recyclable Collection Services Agreement, amending Section 17.5 pertaining to the calculation of the annual rate adjustment for collection and for diesel fuel consumption, attached hereto as Exhibit A, and authorizes the Mayor of Tequesta to execute same. Section 2: This Resolution shall become effective immediately upon passage. FIRST ADDENDUM SOLID WASTE AND RECYCLABLE COLLECTION SERVICES AGREEMENT THIS FIRST ADDENDUM, made and entered into this day of August, 2010, effective August 5, 2010, when action was taken by the Village Council of the Village of Tequesta as evidenced by the adoption of Resolution No. 23 -10, (the AEFFECTIVE DATE @) by and between the VILLAGE OF TEQUESTA, Florida, a municipal corporation, with offices located at 345 Tequesta Drive, Tequesta, Florida 33469, hereinafter called the "VILLAGE" and WASTE MANAGEMENT INC. OF FLORIDA, a Florida corporation with offices located at 7700 S.E. Bridge Road, Hobe Sound, Florida 33455, hereinafter called the "CONTRACTOR "; both of whom agree that the Current Solid Waste And Recyclable Collection Services Agreement made and entered into by and between the parties on the 13 day of September, 2007, as evidenced by the adoption of Resolution No. 80 -06/07 (the AAgreement @) is hereby amended, pursuant to Sec. 37 thereof, in the following manner: Section l: Section 17.5 Consumer Price Index and Other Adjustments is hereby amended by repealing this section and re- adopting it as follows: 17.5 Consumer Pfiee Index „a Other n Compensafien payable te the CefAr-aeter- for- eolleetion ser-viees shall be adjusted upwaf;d e 0 eensumer-s for- the Seuth all items-, 1982 1984 eqtWs 1 0 modified, then an ahenifAe index shall be ehesen by muwal agr-eement of the V411age and the Centfaet6r'-. B2ginning � O 2 h n 1 here th f r Fa shall be adjusted to r-eflerA the iner-ease eF deer-ease in the CP1 for- the immediately pr-eeeding twelw (12) menth pe6ed of June to June. The CPI adjustment vMl be applied to virvccvv �; 00 z.wgr O t--- --- ,- °-- „-- - 0 -.heed, re nt of a r VVIIVVY1V11 VVl 1�/V11V114 Vr�ZiV 1 - RG� shall The Centmetef basis F}ange i the fp s -of di f, el as detefmin d by= re=crcnee to the Energy T " t Page 1 of 4 " Lowef 77 United States. The link te their- w6site is of diesel ffiel fef the the following table. The fuel adjustment will be applied te 10- ef the reelleetion eempenent of the fate. TABLE FOR FUEL SURCHARGE CALCULATION 17.5 Annual Rate Adjustment Collection Rate Component Beginning on October 1. 2010 and on each October 1 thereafter_ the percentage ge in the consumer price index for all urban consumers for the South_ all items. 1982 -84 equals 100, as published by the U.S. Department of Labor_ Bureau of Labor Statistics (CPI) for the immediately preceding May to o May twelve 12) month period shall be used to adjust the collection component of the rate paid to the Contractor upward or downward accordingly. Should the CPI be discontinued or substantially modified_ then an alternate index shall be chosen by mutual agreement of the Village and the Contractor. Diesel Fuel Rate Component In conjunction with each annual CPI collection rate component adjustment_ the Contractor shall adjust the diesel fuel rate component to reflect the annual percentage change upward or downward in the cost of diesel fuel. The contractor shall use the average of the total weekly diesel prices for the immediately preceding May to May twelve (12) month period for the United States_ Lower Atlantic Region, published by the Energy Information Administration of the U. S. Department of Energy (EIA/DOE) to calculate the percentage change. A link to the EIA/DOE website is: http: //tonto, eia. doe .goy /oog /info /wohdp /d ie sti. The contractor shall send the new residential and commercial /roll -off rates in a format that shows the prior year's rates by component_ the percentage and dollar change_ and the next year's rates. Below is a mmple_format. Services Current Y? New - Rate Rate S olid Waste Curbside (2x/wkl 0 S Vegetative Curbside (2x/wkl 0 S Recycling Curbside (1x/wk) S 0% $ Residential Fuel 01� S Tot S Page 2 of 4 Section 2: This First Addendum shall be attached to the Agreement and shall become a part thereof. All other sections of the Agreement shall remain in full force and effect as set forth in the Agreement and there shall be no changes to the Agreement with the exception of those items specifically set forth in this First Addendum. Further, the parties agree as follows: A. This First Addendum shall be binding upon and shall inure to the benefit of the heirs at law and executors of CONTRACTOR. B. If any provision or any portion contained in this First Addendum is held unconstitutional, invalid or unenforceable, the remainder of this First Addendum, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. C. For and in consideration of the mutual covenants contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereby agree that this First Addendum shall be attached to the Agreement and shall become a part thereof. IN WITNESS WHEREOF, the Village of Tequesta, Florida has caused this First Addendum to be signed and executed on its behalf by its Mayor, and duly attested by its Village Clerk; and the CONTRACTOR has signed and executed this First Addendum, both in duplicate, the day and year first above written. VILLAGE OF TEQUESTA Pat Watkins, Mayor ATTEST: (SEAL) Lori McWilliams, Village Clerk IN THE PRESENCE OF TWO (2) WITNESSES: Contractor: Page 3 of 4 WASTE MANAGEMENT INC. OF FLORIDA Witness James E. Trevathan, Jr., President Witness (SEAL) Page 4 of 4