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HomeMy WebLinkAboutResolution_33-92/93_09/23/1993 RESOLUTION NO. 33 -92,93 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING AN EXTENSION OF NICHOLS SANITATION, INC.'S RESIDENTIAL CURBSIDE RECYCLING FRANCHISE AND GARBAGE, YARD AND OTHER TRASH FRANCHISE AND AMENDING SAID FRANCHISES. WHEREAS, the Village has granted to Nichols Sanitation, Inc. a franchise for the collection of Residential Curbside Recyclables and a franchise for the collection of Garbage, Yard and Other Trash; and j WHEREAS, the Village and Nichols Sanitation, Inc. have '? negotiated an extension of the aforesaid franchises and other amendments to the terms; and WHEREAS, the Village has determined that it is in the best interest of the Village to continue its franchises with Nichols Sanitation, Inc., as amended. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The attached Amendment to the Franchise for Residential Curbside Recycling Collection Services with Nichols Sanitation, Inc. is hereby approved. Section 2. The attached Amendment to the Franchise for Garbage, Yard and Other Trash is hereby approved. THE FOREGOING RESOLUTION WAS OFFERED by Councilmember Capretta , who moved its adoption. The motion was seconded by Councilmember Schauer , and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION Earl L. Collings William E. Burckart Ron T. Mackail Elizabeth A. Schauer Joseph N. Capretta The Mayor thereupon declared the Resolution duly passed and adopted this 23rd day of SPItPmher , A.D., 1993. MAYOR OF TEQUESTA I� Ron T. Mackail ATTEST: oann Mangani llo Village Clerk AMENDMENT TO GARBAGE, YARD AND OTHER TRASH COLLECTION FRANCHISE This Amended Agreement and Franchise is made and entered into this 21st day of October , 1993, by and between the Village of • Tequesta, Palm Beach County, Florida, hereinafter referred to as "Village ", and Nichols Sanitation, Inc., hereinafter referred to as "Franchise Holder ". WITNESSETH: WHEREAS, as the Village Council, by virtue of the authority vested in it, has awarded to the Franchise Holder an exclusive franchise for the performance of certain work and services within the Village pursuant to the terms of the Garbage, Yard and Other Trash Collection Franchise and Agreement, effective October, 1980, amended on November 2, 1983 and extended by resolution on August 24, 1989; and WHEREAS, the Village Council is desirous of continuing the Agreement and Franchise for an additional five (5) years commencing October 1, 1994 and otherwise modifying the terms. NOW, THEREFORE, know all men by these presents, that the Village and Franchise Holder agree to the following Amendments to the Agreement and Franchise: 1. Section 2 of the Franchise is hereby amended to provide that the term of the Franchise shall extend until September 30, 1999. The Franchise shall be extended for an additional give (5) year term thereafter unless either party gives the other • party written notice of its intent not to extend the term at least one hundred eighty (180) days prior to the expiration of the initial term. t 2. Section 3 of the Franchise is hereby amended to clarify that the Franchise Holder has the exclusive right and obligation to collect all garbage, yard and other trash generated by any establishment in the Village, regardless of the type of • container in which the garbage, yard or other trash is placed. This service specifically includes the collection of roll -off containers which are "open top" or "enclosed" containers of various sizes and configurations which are placed at the establishment's site and when loaded, the container can be mechanically lifted onto a vehicle for transportation to the disposal site and then returned to the establishment's site. 3. Section 19 (d) of the Franchise is hereby amended to provide that notwithstanding the terms of the Section, there will not be a CPI adjustment in Franchise Holder's rates until October 1, 1995. Commencing on October 1, 1995 and each year thereafter, Franchise Holder's rates will be adjusted based on the change in the CPI for the preceding twelve (12) month period commencing on June 1 and ending on May 31 of each year. For purposes of this Agreement, the CPI shall be the "Consumer Price Index (1982 -84 =100) - All Urban Consumers - South" published by the Bureau of Labor Statistics for the U.S. Department of Labor. 4. The Franchise is further amended by including an additional • paragraph to provide as follows: "The Franchise Holder shall pay a Franchise Fee to the Village annually in an amount equal to six percent (6 %) of the gross • revenues realized from residential collections by the Franchise Holder as a result of this Franchise, three percent (30) of same to become effective October 1, 1993, increasing to the full six percent (60) October 1, 1994, with said six • percent (60) payable for the remainder of the Franchise term. Payment of the Franchise Fee shall be made on a monthly basis and shall be collected by the Franchise Holder. The Franchise Fee shall be charged in addition to the Franchise Holder's compensation described in Section 19 of the Franchise. Further, any rate adjustment pursuant to Section 19 should be exclusive of the Franchise Fee." 5. Except as modified herein, all of the terms and conditions of the Agreement and Franchise, as amended, are to continue in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this Amended Agreement and Franchise on the day and year above written. Signed, Sealed and VILLAGE OF TEQUESTA delivered in the presence of: By: /'�Gte �•�Or+.,f� Mayor Attest: Village Cler (SEAL) Signed, seal an NIC OLS T TION, de v d i�x the reslance of : g . Pre ide t • Attest: Secret y (SEAL) • AMENDMENT TO FRANCHISE FOR RESIDENTIAL CURBSIDE RECYCLING COLLECTION SERVICES This Amendment to the Franchise made and entered into this _ • 21 day of October , 1993, by and between the Village of Tequesta, Palm Beach County, Florida, hereinafter referred to as "Village ", and Nichols Sanitation, Inc., hereinafter referred to as "Contractor ". WITNESSETH: WHEREAS, on August 24, 1989 the Village Council adopted Resolution No. 10 -88/89 approving a Franchise for Residential Curbside Recycling Collection Services to be provided by Nichols Sanitation, Inc.; and WHEREAS, the Village Council is desirous of continuing the Franchise for an additional five (5) years commencing October 1, 1994 and otherwise modifying the terms. NOW, THEREFORE, know all men by these presents, that the Village and Contractor agree to the following Amendments to the Franchise: 1. Section 2 of the Franchise is hereby modified to extend the term of the Franchise until September 30, 1999. All other terms of Section 2 shall remain in full force and effect. 2. Section 3 of the Franchise is hereby modified to provide that on March 1, 1994, Contractor shall commence collection of Additional Plastic Products HDPE and PET 3 -7 and magazines. Prior to collection of the additional Recyclable Materials, Contractor will distribute an additional container to each resident and coordinate a public announcement program with the Village announcing the change in service. Further, commencing on March 1, 1994, all Residential, Multi - Family Type complexes shall participate in the Village Recycling Program and receive service from Contractor. • Contractor will distribute containers to the complexes and coordinate an implementation program with the Village. 3. Section 8 of the Franchise is hereby modified to provide that Contractor will replace, at its expense, recycling containers which are damaged or lost by residents. Contractor will also distribute to each resident, at its expense, an additional container prior to the expansion of the recycling program to include the collection of HDPE and PET Plastics 3 -7 and magazines. Lastly, Contractor will also distribute, at its expense, the necessary containers to each multi - family complex in the Village. 4. Section 16 of the Franchise is hereby modified to provide that notwithstanding the promises of the Section, no CPI adjustment will occur until October 1, 1995. Commencing on October 1, 1995 and each year thereafter, Contractor's rates will be adjusted based on the change in the CPI for the preceding twelve (12) month period commencing on June 1 and ending on May 31 of each year. For purposes of this Agreement, the CPI shall be the "Consumer Price Index (1982 -84 =100) - All Urban • Consumers - South" published by the Bureau of Labor Statistics for the U.S. Department of Labor. 5. The Franchise is further amended by including an additional paragraph to provide as follows: "The Contractor shall pay a Franchise Fee to the Village annually in an amount equal to six percent (6s) of the gross revenues realized from residential collections by the Contractor as a result of this Franchise, three percent (30) of same to become effective October 1, 1993, increasing to the full six percent (60) October 1, 1994, with said six percent (60) payable for the remainder of the Franchise term. Payment of the Franchise Fee shall be made on a monthly basis and shall be collected by the Contractor. The Franchise Fee shall be charged in addition to the Contractor's compensation described in Section 16 of the Franchise. Further, any rate adjustment pursuant to Section 16 should be exclusive of the Franchise Fee." 6. Except as modified herein, all of the terms and conditions of the Franchise shall remain in full force and effect. • k . IN WITNESS WHEREOF the parties hereto have executed this Amendment on the day and year above written. • Signed, Sealed and VILLAGE OF TEQUESTA delivered in the presence of: By: Mayor Attest: Village Cle (SEAL) Signed, sealed d NICHO S S IT T N, INC. delivered in e esence of: G� By Pre ident U Attest: Secretary (SEAL) • GENERAL RELEASE Know All Men By These Presents: That we, Waste Management Inc. of Florida, a • Florida Corporation, and Nichols Sanitation, Inc., a Florida Corporation, first party, for an in consideration of the renewal and modification of the first party's Garbage, Yard and other Trash Franchise and Recycling Collection Service Franchise and other valuable considerations, received from or on behalf of the Village of Tequesta, Palm Beach County, Florida, second party, the receipt whereof is hereby acknowledged, (Wherever used herein the terms "first party" and "second party" shall include singular and plural, heirs, legal representatives, and assigns of corporations, wherever the context 0 so admits or required) HEREBY remise, release, acquit, satisfy and forever discharge the said second party and all other persons, firms or corporations liable or who might claim to be liable, of and from all, and all manner of action and actions, cause and causes of covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, claims and demands whatsoever, in law or in equity, which said first party has or which any personal representative, successor, heir or assign of said first party, hereafter can, shall or may have against said second party, for, upon or by reason of all matters claimed or which might have been claimed in Palm Beach County, Florida, Circuit Court Case No. CL93 -1389 AN and all • matters related to the amount of disposal fees paid the first party under its agreements with the second party. IN WITNESS WHEREOF, the first party has hereunto set hands and seals this day of , A. D., 1993. WITNESS: WASTE MANAGEMENT INC. OF FLORIDA Vice President WITNESS: NICHOLS SANITATION, INC. Vice President STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this .2 day of N� 1993, by .)5,nEs A • WA as Vice President of Waste Management Inc. of Florida, a Florida Corporation, on behalf of the Corporation and Nichols Sanitation, Inc. He is personally known to me and acknowledged before me that he executed said instrument for the purposes therein expressed. NO ARY P LI Sta of Flori a .T: 6t- • Print Name (SEAL) IiIMBERLY,I GLASS +: .= MY COMMISSION k CC249A00 EXPIRES a; January 2, 1097 �%l3t;�th aONM M TKY FAIN INSURA00, INC.