HomeMy WebLinkAboutAgreements_General_08/05/2010_1st Addendum FIRST ADDENDUM
SOLID WASTE AND RECYCLABLE COLLECTION SERVICES AGREEMENT
THIS FIRST ADDENDUM, made and entered into this 5' 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 1: 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 Priee index and Other Adiustmei4s.
Compensation payable to the Gontfaetor fof eelleetion ser-viees shall be adjusted upwaf
downward annually to reflect 0 of the ehange in the eofisttmer- price ifidex for- all tffban
eonsumers for the South, all items, 1982 1984 equals 100 as published by the U.S. Depai4ffle
of Labef, Bur-eatt of Labor Statisties (GPI). Should the CP1 be diseontinued of substantially
modified, then an alternate index shall be chosen by mutual agreement of the Village and the
Gontraeter-. Beginning on Oetober- 1, 2008 and on each Oetob-ef V flfiefeaf4er-, the foregoing rat
shall be adjusted to refleet the iner-ease or- deer-ease in the GPI for- the immediate ), pr-eeeding
twelve (12) month period of june to june. The C;P1 adjustiment will be applied to 0 of the
,ll . nt of th r a t e
shall, The Contfaetor- on an annual basis, adjust the appheable rate eharged to refleet any
ehange in the eost of diesel fidel as determined by r-efefenee to the Energy informatie.n-
Administr-a4ien of the U.S. Department of Ener-gy (EIA/DOE) website that reports - age pripes
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" Lower- 77 United Sta4es. The link to their website is
of diesel Atel fef the /L4iesel
Ate! fFom the aforesaid A. , ebsite the eor-r-esponding fuel eest modifier- will be caleulated pursuant to
the following table. The fuel adjustment will be applied to 1 0, of the eolleetion eomponent of
the rate.
TABLE FOR FUELISURCHARGE CALCULATION
17.5 Annual Rate Adjustment
Collection Rate Component
Beginning on October 1. 2010 and on each October l thereafter, the percentage change 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 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. gov /ooglinfo /wohdp /diesel.asp.
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 sample format.
rvj Current %o New
Rate Chan= Change Rate
Solid Waste Curbside (2x/wk) 0% s
Vegetative Curbside (2x/wk) 0 0 /0 1
Recycling Curbside (W wk) 0 0 /0 1
Residential Fuel 0 0 /0 S
Total S S
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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
\- & j�
Pat Watkins, Mayor
O .F , � ,, ,,,,
ATTEST: GE • TFP
V OA �� AL)
SEAL
O)mD� sN.INCORppRATED
Lori McWilliams, Village Clerk 4, 1gpP�
IN THE PRESENCE OF
TWO (2) WITNESSES: Contractor:
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WASTE MANAGEMENT INC. OF FLORIDA
itn ( IM Y WKINS, Vice President
\ (SEAL)
Witness
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