HomeMy WebLinkAboutR-2009-132 Waste Management Third Amendment RESOLUTION NO. 2009-132
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A "THIRD
AMENDMENT TO RESIDENTIAL SOLID WASTE AND RECYCLING
COLLECTION SERVICES CONTRACT" WITH WASTE MANAGEMENT,
INC., OF FLORIDA; 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 appropriate City officials are authorized to execute a "Third
Amendment to Residential Solid Waste and Recycling Collection Services Contract' with Waste
Management, Inc., of Florida; a copy of the Amendment is attached to this Resolution.
Section 2. That the City Manager and City Attorney are authorized to make minor
revisions to the document as are deemed necessary and proper for the best interests of the City.
Section 3. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 4. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on July 28, 2009.
5 F11i5T C/TY
PQ° ANNE CASTRO
AYOR-COMMISSIONER
ATTEST:
LOUISE STILSON, C
CITY CLERK dvc�poaP�`�
APPROVED TO F AND CORRECTNESS:
TH/ AS . A SBRO
CITY ATTORNEY
THIRD AMENDMENT TO RESIDENTIAL SOLID WASTE AND RECYCLING
COLLECTION SERVICES CONTRACT
THIS THIRD AMENDMENT TO RESIDENTIAL SOLID WASTE AND RECYCLING
COLLECTION SERVICES CONTRACT, is made and entered into this _ day of
, 2009, by and between the CITY OF DANIA BEACH, a municipal
corporation organized and existing under the laws of Florida ("City") and WASTE
MANAGEMENT, INC. OF FLORIDA, (hereinafter called "WMIF"), a Florida corporation with
offices at 2700 NW 48'' Street, Pompano Beach, FL 33073.
WITNESSETH
WHEREAS, the City and WMIF's predecessor entered into that certain Residential Solid Waste
and Recycling Collection Services Contract, dated October 1, 1999 ("Contract") and
subsequently amended on May 27, 2003 ("First Amendment") and October 24, 2003 ("Second
Amendment"); and
WHEREAS, the Contract, as amended, was assigned to WMIF pursuant to an Assignment and
Assumption Agreement dated October 2, 2003, and approved by the City; and
WHEREAS, the parties desire to modify the Contract by extending the term for one year to
provide flexibility to the City regarding its long term solid waste plans, modifying the rate for
residential collection, adding a force majeure provision, together with additional modifications;
and
WHEREAS, the City has determined that this modification is in the best interests of the City and
its residents.
NOW, THEREFORE, in consideration of these premises and the mutual undertakings hereinafter
stated, and for other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties hereto agree as follows(stfik�reugn indicates deletion;
underline indicates addition):
1. All capitalized terms shall have the meanings set forth in the Contract unless the
context requires otherwise.
2. Section I A Initial Tenn is hereby modified by adding the following provision:
Provided, however, that the parties have extended the tern, on an interim basis, so
that it will now end on September 30, 2010, unless further extended by mutual
agreement.
3. New Section 49 Force Majeure is added as follows:
Force Majeure. If either party is prevented from or delayed in performing
its duties under this Agreement by circumstances beyond its control, whether or
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not foreseeable, including, without limitation, fires, typhoons, hurricanes, severe
weather, floods, volcanic eruption, pandemics, quarantines, war, civil
disturbances, acts of terrorism, labor disputes, acts of God, or significant threats
of such circumstances, or any future laws, rules, regulations, orders, or acts of any
local, state, federal, or provincial government ("Force Majeure"), then the
affected party shall be excused from performance hereunder during the period of
such disability. The party claiming Force Majeure shall promptly notify the other
party when it learns of the existence of a Force Majeure condition and when the
Force Majeure condition has terminated. Notwithstanding anything in this
Agreement to the contrary, the term "Force Majeure" does not include and a party
shall not be excused from performance under this Agreement for events relating
to increased costs, including, without limitation, increased costs of fuel, labor,
insurance or other expenses of performing the services hereunder.
4. Effective October 1, 2009, the monthly collection rate for garbage for each
residential solid waste service unit shall be increased $2.00 so that the garbage collection
component is modified from $8.54 to $10.54.
5. Except as modified herein, the terms and conditions of the Contract shall remain
in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
officers thercunto duly authorized or have hereunto set their hands and seals in duplicate as of
the day and year first above written.
(CITY SEAL) CITY OF DANIA BEACH
A Municipal Corporation
By:
Anne Castro, Mayor
Attest: Date:
By:
Louise Stilson, CMC, City Clerk
Date:
Approved as to form:
By:
Thomas J. Ansbro, City Attorney
Date:
3 RESOLUTION #2009-132
(CORPORATE SEAL)
WASTE MANAGEMENT INC. OF FLORIDA
By:
Printed Name:
Its:
Date:
Attest:
By:
Date:
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