HomeMy WebLinkAboutR-1994-001RESOLUTION NO. l]1-94
.A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING THE ADDENDUM TO SANITATION AGREEMENT
BETWEEN THE CITY OF DANIA AND SEACOAST
SANITATION LTD., lNC.; AND PROVIDING FOR AN
EFFECTIVE DATE.'
BE IT RESOLVED BY THE CIry COMMISSION OF THE CITY OF DANIA,
FLORIDA:
section 1. That addendum to sanitation Agreement between city of Dania and
Seacoast Sanitation Ltd., lnc., a copy of which is attached hereto as Exhibit "A", be and
the same is hereby approved and the appropriate city officials are hereby authorized to
execute same.
section 2. That this resolution shall be in force and take effect immediately
upon its passage and adoPtion.
PASSED and ADOPTED this 11 day of January ,1994.
La,H,rr"^-
ATTEST:OR - COMMISSIONER
ITY CLERK - AUDITOR
APPROVED AS TO FORM AND CORRECTNESS
BY: 4u,-{-, (. d/*
Frank C. Adler, City AttorneY
ADDENDT.,X TO SENITATION AGREEHEXI BETH'EEII
CITT DA}I IA ATD SEACOAST SA}IITATIO}f LTD.rlrc.
TBIS ADDENDITI'I made and entered into this 11 th day of
JANUARY,1994, by and between CITY OF DANIA, a Florida urunicipal
corporation (hereinafter referred to as "CITY'), and SEACOAST
SANITATIoN LTD., INC., a Florida corporation (hereinafter referred
to as "SEACOAST" ).
W I T N E S S E T E:
WHEREAS, CrTY and SEACOAST entered into a written agreement
effective october 1, 1991 (hereinafter referred to as "sanitation
Agreement"), in which SEACOAST agreed to furnish the residential
garbage collection service within the CITY OF DANIA' The
sanitation Agreement provided for a five-year term with expiration
on September 30, 1996; and
WHEREAS, SBACOAST filed a Iawsuit against CITY in Broward
Circuit Court, case Number 92-22567 (24), seeking reformation of
the partiee' Sanitation Agreement and damages for breach of
contract based upon alleged nisrepresentation by a CIfy official as
to the sanitation disposal fee at the Reuter facility; and
wIlEREAs, the Sanitation Agreement between CITY and sEAcoAsT
specifically rnade !eference to an earlier solid l,laste Disposal
Agreement between the CITY and Reuter Recycling of Florida, Inc.
wherein the CITY agreed to deliver all solid waste collected within
the CrTY Iimits to the Reuter facility in PemL'roke Pines, Florida.
EXHIBFT "H"
II
I
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SEACOAST agreed in the Sanitation Agreement with CITY to deliver
all waste collected within the CITY to the Reuter facility; and
WHEREAS, the parties hereto wish to amend the Sanitation
Agreement for residential garbage collection service effective
October !, 1991, under terms and conditions as set forth herein.
NOW, THEREFORE, for and in consideration of the promises and
covenants hereinafter contained and for other good and valuable
consideration, the receiPt and sufficiency of which is hereby
acknowledged, the parties, intending to be legalIy bound, hereby
agree as follows:
1. The parties agree that Article II of the
Agreement shaIl be amended so that the term of the
Agreement shalt be for a period beginning October 1
ending September 30, 1999.
Sanitation
Sanitat ion
1991, and
2. Both parties acknowledge and agree that the residential
garbage collection service in the newly annexed area commonly known
as the Griffin Road area is presently being serviced by another
sanitation company pursuant to a written contract with the CITY
and/or Broward County. The residential garbage collection service
in the newly annexed area will be Provided by SEACOAST after
EXHIEIT .,A,,
WBEREAS, CITY filed a counterclaim against SEACOAST claiming
SEACOAST failed to deliver a1l of its garbage collected within the
CITY to the Reuter facility and that CITY incurred a penalty due
Reuter and actually paid Reuter $65,358.50 due to the shortage in
solid waste delivered to the Reuter facility; and
I
expiration of the other garbage hauler's contract on September 30,
1996. SEACoAST will provide garbage collection service in the
newly annexed area in accordance with the terms and conditions
stated in the Sanitation Agreement and this Addendum to Sanitation
Agreement.
3. The compensation to SEACOAST under Article V of the
parties' Sanitation Agreement shall be amended to increase the
amount paid per unit per month to $L2.02 beginning December 1,
1993. Under the parties' original Agreement, the CITY agreed to
pay SEACOAST $11.41 per unit per month with any increase or
decrease in the per unit price to be determined in accordance with
the terms and conditions in Section 2.3 of the Solid Waste Disposal
Agreement between Reuter Recycling and the CITY. The original per
unit price of $11.41 per unit was adjusted annually as of October
L, L992, and again on October l, 1993, to a per unit price of
$11.67. The CITY agrees to pay SEACOAST an additional sum of $.35
per unit per month prospectively from December L, L993, and any
future adjustments in the per unit per month compensation shal1 be
as provided in the Sanitation Agreement and the Reuter SoId Waste
Disposal Agreement with the CITY.
4. SEACOAST and the CITY acknowledge that SEACOAST has paid
the CITY the sum of $591358.50 in settlement of the CITY's claim
against SEACOAST due to the penalty incurred by the CITY to date
for failure to deliver all of its refuse to the Reuter facility.
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EXHIBIT "A"
5. The parties recognize the CITY's obligation to deliver aII
refuse to the Reuter facility. The failure of SEACOAST to deliver
all waste collected within the CITY to the Reuter facility sha11 be
considered a breach of the Sanitation Agreement and will entitle
the CITY to declare said Sanitation Agreement null and void and of
no force and effect.
6. This Addendum applies to, inures to the benefit of, and
binds all parties hereto and their respective devisees, successors,
and assigns.
7 . This Addendum, the parties' Sanitation Agreement and such
portions of the Reuter Solid l{aste Disposal Agreement as are
referred to in the parties' Sanitation Agreement' represent the
entire agreement of the parties hereto and supersede any prior
written or oral agreements between the parties concerning the
subject matter contained herein. There are no representations,
agreements, arrangements, or understandings, oral or written,
bet\reen and among the parties hereto relating to the subject matter
contained in this Addenduur and the parties' Sanitation Agreement,
except as referred to specifically within the Addendum and
Sanitation Agreement.
8. The parties specifically agree and acknowledge that the
terms of their Sanitation Agreement for residential sanitation
collection service sha1I remai-n in fuI1 force and effect and sha1l
not be altered except as specifically stated herein.
EXHIBIT "A"
IN WITNESS WHEREOF, the parties have signed,
acknowledged this Addendum to Agreement on the
abovementioned.
sealed and
date first
ATTEST;By:
CITY Clerk - Auditor By:
(CIIY SeaJ. )
APPROVED AS TO FORM AND CORRECTNESS
By:
(Corporate Seal )
ATTEST:
CITY OF DANIA, a Florida municipalcorporat ion
CITY Manager
Executed by CITY 9111. l1th day of
JaNIIARY , 1994
SEACOAST SANITATION LTD. , INC.,a Florida corporation
President
Sec retary
Executed by SEACOAST tni-s -f- dayof December, 1993.
EXHIBIT,,A"
(Corporate SeaI )
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Mayor - Commissioner
FRANK C. ADLER, CITY Attorney