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Home My WebLink AboutR-2003-113 BFI Amendment solid waste garbage agreement RESOLUTION NO. 2003-113 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AMENDMENT TO THE RESIDENTIAL SOLID WASTE AND RECYCLING COLLECTION SERVICES CONTRACT EXISTING BETWEEN THE CITY AND BFI WASTE SYSTEMS OF NORTH AMERICA, INC., SUCH AMENDMENT TO PROVIDE FOR PAYMENT BY THE CITY OF A PROCESSING FEE FOR THE PROCESSING OF RECYCLABLE MATERIALS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the proper City Officials are authorized to execute an amendment to the Residential Solid Waste and Recycling Collection services contract dated October 1, 1999 existing between the City and BFI Waste Systems of North America, Inc., such amendment to provide for payment by the City of a processing fee for the processing of recyclable materials; and to increase the share revenue to the City to 79%, provided, however, that the City Manager and City Attorney are authorized to make minor revisions to such amendment to the Contract as are deemed necessary and proper in the best interest of the City. A copy of the amendment is attached and incorporated by this reference. Section 2. That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. 1 RESOLUTION NO. 2003-113 Section 3. That this resolution shall be in force and take effect immediately upon passage and adoption. PASSED AND ADOPTED on May 13th, 2003. XOBNION MAYOR — COMMISSIONER AT EST: ROLL CALL: COMMISSIONER CHUNN - YES COMMISSIONER FLURY - YES CHARLENE J NSON COMMISSIONER MIKES - YES CITY CLERK VICE-MAYOR MCELYEA - YES MAYOR ANTON - YES ® APPROVED AS TO F RM AND CORRECTNESS: BY: TH M S J1. ANSBRO CITY ATTORNEY 2 RESOLUTION NO. 2003-113 FLORIDA May 16, 2003 Mr. Phillip Foreman District Manager BFI 2380 College Avenue Davie, FL 33317 RE: AMENDMENT TO THE RESIDENTIAL SOLID WASTE AND RECYCLING COLLECTION SERVICES CONTRACT WITH BFI WASTE SYSTEMS OF NORTH AMERICA Dear Mr. Foreman: On May 13, 2003, the Dania Beach City Commission adopted Resolution No. 2003-113 approving the above amendment. We enclose a copy of the resolution and three (3) original amendments that have been executed by the City of Dania Beach. These amendments now require final execution by BFI. Please also fill in the date of execution on the first page of each amendment and return two (2) fully executed originals to me for our records. If you have any questions regarding this agreement, please contact Pat Varney, Finance Director, at (954) 924-3620. Sincerely, ren o son City Clerk Enclosures "Broward's First City" 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us UM JUN Phillip Foreman District Nrana,izer June 4, 2003 Ms. C Johnson City Clcrk City of Dania Beach 100 West Dania Beach Blvd Dania Beach, F133004 Re: Amendment to the Residential Solid Waste and Recycling Collection services Contract. ® Dear Ms. Johnson, Further to your letter of May 16, 2003 I am pleased to return herewith two fully executed original amendments to the above referenced contract between BFI and the City of Dania Beach. Thank you for your assistance in this matter. Yours since ely, 2380 College Avenue• Davie. Florida 33317 Phone 954-577-1 130• Fax 954-424-8334 AMENDMENT TO RESIDENTIAL SOLID WASTE AND . RECYCLING COLLECTION SERVICES THIS IS AN AMENDMENT TO THE OCTOBER 1, 1999 RESIDENTIAL SOLID WASTE AND RECYCLING COLLECTION SERVICES CONTRACT (the "Contract") existing between BFI Waste Systems of North America, Inc. and the City of Dania Beach, which Amendment is entered into on %ko, 2 T%' , 2003 The City and BFI entered into the Contract on October 1, 1999. The City and BFI wish to amend the Contract to provide for payment of a processing fee by the City to BFI for recyclable materials collected by BFI pursuant to the Contract. In consideration of the mutual covenants, terms and conditions contained in this Amendment, and other good and valuable consideration, the adequacy and receipt of which are acknowledged, the parties agree as follows: Section 1. Paragraph F, entitled "Recycling Revenues", of Section 6 of the Contract, which Section is entitled "Charges and Rates" is amended to delete such Paragraph F and to replace it with a new Paragraph F to read as follows: F. Recycling Revenues. Contractor shall pay to the City seventy-nine percent (79%) of all sums received by Contractor resulting from the sale of processed Recyclable Materials. Payment shall be made to the City within twenty (20) days of the end of the month in which • the sale for the Recyclable Materials takes place. The City agrees to pay Contractor a processing fee equal to one cent ($0.01) per ton more than the amount called for by the Contractor's agreement with Broward County for similar service. Section 2. That in all other respects, except as amended, the Contract is ratified and reaffirmed and remain in full force and effect. IN WITNESS OF THE FOREGOING, the parties have executed this Amendment effective as of the date first appearing above. CITY: CITY OF DANIA BEACH, a Florida municipal corporation ATTEST: By: CHARLENE JOHNSON MAYOR-COMMISS ER CITY CLERK By: IV O CITY MANAGER APPROVED FOR FORM AND CORRECTNESS- By: �% %r� r THOMASI ANSBRO, ESQUIRE CITY ATTORNEY CONTRACTOR: BFI WASTE SYSTEMS OF NORTH AMERICA, INC., a Delaware corporation authorized to do business in the State of Florida Witness BZ& G SIGNA RE Witne `' ? c- ore d►r cL A PRINT NAME (t As its: V1.ce, ?(es ® TITLE • 2 Agenda Request Form • . `. " . City of Dania Beach Agenda Item: T7e Date of Commission meeting: 5/13/2003 Description of Agenda Item: Amendment to BFI Contract Commission action being requested: Adopt Resolution or Ordinance ® Expenditure ❑ Award BID/ RFP ❑ Presentation ❑ General approval of item ❑ Continued from meeting r , Other"(F'lease explain} �� Me— ' ppw Xw ,.. Summa"fez lanationoand back('}rou d „ 'S?r/ xu. „i.. :.,d' .•,thy- �Lh _ A review of the current BFI has identified unclear language as to the processing fees for recyclable materials. Staff met with BFI and identified the language accurately and also increase the shared revenue to the City to 79%. This amendment will be effective until September 2004 when the current contract expire. Attached exhibited addition"al�backup materials (Please list)': - E ., For purchasing requests ONLY Department: Amount: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Account Name: Account Number: Submitted by. Patricia Varney Date: 5/8/2003 Department Director: Date: Admin. Services Director. Date: Finance Director: Patricia Varney Date: 5/8/2003 City Manager: Ivan Pato Date: 5/8/2003