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HomeMy WebLinkAboutDocumentation_Regular_Tab 12_10/14/2010 '� ��. `- VILLAGE OF TEQUESTA AGENDA ITEM TRANSMITTAL FORM �;;: 1. VILLAGE COUNCIL MEETING: Meeting Date: Meeting Type: Regular Ordinance #: '��� ,. �. 10/14/10 Consent Agenda: No Resolution #: _; , H s; Originating Department: Vice-Mayor Paterno 2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report) Council Consideration of Waste Management's Request for Council Approval to Waive Language to Ordinance 9-10 Allowing Use of the Tequesta Drive Bridge and Renewing their Existing Franchise Agreement Pursuant to Section 3.2 of the Franchise Agreement at the Current Terms and Conditions for an Additional Five (5) Years (Extension Period) from October 1, 2012 and Expiring September 30, 2017 3. BUDGET / FINANCIAL IMPACT: Account #: Amount of this item: �- � , . . � ° ; .':, f.. Current Budgeted Amount Available: Amount Remaining after item: _ .. . . . f�?' i ... _. Budget Transfer Required: �;�. �} -�� Appropriate Fund Balance: , 4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item) 5. APPROVALS: _ - . . _- -_ _ ' Dept. Head: �� '( ` Finance Director:� ° Reviewed for Financial Sufficiency � No Financial Impact Attorney: (for legal sufficiency) Yes ❑ No ❑ Village Manager: �— ° � • SUBMIT FOR COUNCIL DISCUSSION: � • APPROVE ITEM: ❑ • DENY ITEM: � Form amended 08/26/08 1 I�� . rMi�P4ST� MAt4���Mp�IT 7700 SE Bridge Road Hobe Sound, Flarida 33455 (772)546-7700 (772) 546-1998 Fax September 30, 2010 Mr. Michael Couzzo Village Manager Village of Tequesta 345 Tequesta Drive Tequesta, Florida 33469 Re: Renewal/ Extension of Franchise Agreement Dear Mr. Couzzo: In response to the Village's letter of August 6 2010, confirming the Council's approval of the bridge waiver language to Ordinance 9-10 allowing our use of the Tequesta Drive Bridge and an expression of interest in renewing our existing franchise agreement, pursuant to Section 3.2 of the franchise agreement, Waste Management, Inc. of Florida respectfully requests a renewal/ extension of same at current terms and conditions. The term would effectively extend the existing agreement term, the additional (5) years (extension period), from October 1"�, 2012 and expiring September 30, 2017. It is our goal in serving the Village of Tequesta's residents and businesses to provide value added levels of service while upholding our commitment to your community outreach programs and services, exceeding expectations. Waste Management values our rich history of serving the Village for close to thirty years and hope to earn your confidence for the next 30. We appreciate your consideration toward a continued public-private partnership. If you have any questions please do not hesitate to contact me at 772-263-0017. Sincerely, � G _ i , Jeff Sabi ' Public Sector Director cc: Gary Braswell Craig Ahal -A nivicinr� nf Ii�i�.rm ,M1�lmrnrrvw�af# Iiut nf' Flnrida I �� ,� _ Ml�►$1'� MAN�B►GEIpE�IT 7700 SE Bridge Road Hobe Sound, Florida 33455 (772)546-7700 (772) 546-1998 Fax September 30, 2010 Mr. Michael Couzzo Village Manager Village of Tequesta 345 Tequesta Drive Tequesta, Fiorida 33469 Re: Renewal/ Extension of Franchise Agreement Dear Mr. Couzzo: In response to the Village's letter of August 6 2010, confirming the Council's approval of the bridge waiver language to Ordinance 9-10 allowing our use of the Tequesta Drive Bridge and an expression of interest in renewing our existing franchise agreement, pursuant to Section 3.2 of the franchise agreement, Waste Management, Inc. of Florida respectFully requests a renewal/ extension of same at current terms and conditions. The term would effectively extend the existing agreement term, the additional (5) years (extension period), from October 1 S', 2012 and expiring September 30, 2017. It is our goal in serving the Village of Tequesta's residents and businesses to provide value added levels of service while upholding our commitment to your community outreach programs and services, exceeding expectations. Waste Management values our rich history of serving the Village for close to thirty years and hope to earn your confidence for the ne� 30. We appreciate your consideration toward a continued public-private partnership. If you have any questions please do not hesitate to contact me at 772-263-0017. , Sincerel� � - . Jeff Sabi ' ` Public Sector Director cc: Gary Braswell Craig Ahal a I)ivicinn nf N��"acfa ,4�tmmr�nmvnt /ni�. n( FJnrida SECOND ADDENDUM SOLID WASTE AND RECYCLABLE COLLECTION SERVICES AGREEMENT THIS SECOND ADDENDUM, made and entered into this day of October, 2010, effective October 14, 2010, when action was taken by the Village Council of the Village of Tequesta, (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: In accordance with Section 3.2 of the Agreement, the CONTRACTOR has provided the VILLAGE with correspondence dated September 30, 2010, requesting that the Agreement be extended for an additional five (5) year period commencing October 1, 2012 and expiring September 30, 2017. The proposed extension would be under the exact terms and conditions as the current Agreement, including the First Addendum thereto. Section 2: In accordance with Section 3.2 of the Agreement, the VILLAGE hereby agrees to extend the Agreement for an additional five (5) year period commencing October 1, 2012 and expiring September 30, 2017 under the exact terms and conditions as the current Agreement, including the First Addendum thereto. Section 3: This Second Addendum shall be attached to the Agreement and shall become a part thereof. All other sections of the Agreement, including the First Addendum, shall remain in full force and effect as set forth in the Agreement and the First Addendum and there shall be no changes to the Agreement or the First Addendum with the exception of those items specifically set forth in this Second Addendum. Further, the parties agree as follows: A. This Second Addendum shall be binding upon and shall inure to the benefit of the Page 1 of 2 heirs at law and executors of CONTRACTOR. B. If any provision or any portion contained in this Second Addendum is held unconstitutional, invalid or unenforceable, the remainder of this Second 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 Second Addendum shall be attached to the Agreement and shall become a part thereof. IN WITNESS WHEREOF, the Village of Tequesta, Florida has caused this Second 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 Second 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: WASTE MANAGEMENT INC. OF FLORIDA Witness James E. Trevathan, Jr., President (SEAL) Witness Page 2 of 2