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HomeMy Public PortalAbout100_102_CPI in WastePro Contract SECOND MEMORANDUM TO SECOND ADDENDUM Waste Pro will continue to provide twice a week service at the current rate with no increase at this time. 1. Side Door Pick Up: WastePro has submitted two options.if the City decides to provide side door service to everyone in the City it would be an additional$4.85 per month per resident and will be billed by the City. If the City elects to have residents subscribe to this service separately then Waste Pro would provide this service and billing for an additional cost of $15.00 per month per resident that will be billed quarterly directly by WastePro. 2. Carts: WastePro will purchase the carts specified herein. WastePro will deliver the carts to the City,and upon delivery,the City will own the carts and the carts will become the property of the City,subject to no ownership or interest by WastePro other than explicitly provided herein. There will be no additional monthly charge to the residents. The City guarantees that if it decides to terminate service with Waste Pro before the end of ajour year term to run from the date of this addendum,that the City will reimburse Waste Pro the full value of the carts minus depreciated value plus interest as per the schedule attached hereto as"Exhibit A". After 48 months, the City will own the carts free and clear with no additional cost and no additional requirements required upon the City. The cart being provided will be manufactured by Toter which has a 10 year warranty for normal wear and tear. WastePro will make an initial purchase of 3,000 units. If the City requires additional carts it will be the City's responsibility to purchase them. The color recommended is blue bottoms and green lids to stay with the environmentally friendly earth tones. The lids will have labeling that address the correct items as part of the program and the City logo will also be placed on the side of each cart.The colors and quantities are still optional and subject to change. WastePro will do everything in its power to assist the City to take advantage of Waste Pro's preferred pricing. If an agreement is reached by the parties at the meeting on March 8,2012,WastePro will have this service in place by May 1, 2012. 3. Recycle Rebates: WastePro currently receives the recycle rebates as part of our original agreement and this was built into our initial pricing proposed.Up until last month. WastePro's current rate for rebates was at$7.50 per ton. WastePro has been able to negotiate a higher rate of$15.00 per ton at this time. The parties shall split the rebate 50/50 under this addends. These are commodities that are subject to change in value and WastePro has no control over the pricing. 4. CPI: Waste Pro has previously waived CPI increases and will waive it for the first year under this Addendum. Following twelve(12)months of service,a CPI increase may be imposed for each succeeding twelve(12)month term. The CPI increase will be based upon the same formula as used in the original agreement attached hereto as Exhibit A including the Addendum thereto attached as Exhibit B. 5. Fuel Rate Compensation Adjustment: The fuel rate compensation adjustment agreement contained in"Exhibit B"to the original agreement is hereby amended to set the base adjustment rate from$4.60 per gallon to$3.80 per gallon and the adjustment method shall 3 remain the same except that the base line from which a credit or reduced payment to the City or a fuel rate adjustment to WastePro is calculated shall now be from$3.80 and not$4.60. 6. Term and Effective Date: As noted on the attachments,the parries have previously had a contractual relationship for the services described therein. This document will also serve to clarify that the execution date of this Second Memorandum to Second Addendum will be considered to be the effective date for all purposes and the controlling date for the term and renewal terms hereof,subject to thy provisions of Georgia law. It is anticipated that the overall term,including all renewals of this agreement and any other agreements between the parties will commence with the date of execution,again,subject to the provisions of Georgia law regarding the term of multi-year municipal contracts. In the event notices are required to be made by either party to the other,such notice shall be deemed effective three(3)days from the date of mailing via United States mail and shall be directed as following: Notices for purposes of WastePro under the addendum and all agreements shall be forwarded via U.S. mail to: District Manager,WastePro,PO Box 4530, St.Augustine, FL 32085,with a copy via email to Jimmy Cinelli,Regional Vice President, icineIliAwasteurousa.con and Notices to the City shall be forwarded via U.S.mail to: City Manager,City of Tybee Island,PO Box 2740,Tybee Island,GA 31328. All notices shall be sent via U.S.mail and shall be certified mail. Other Terms: Except those inconsistent herewith,the original contract of the parties Exhibit A,Exhibit B and the"first"Addendum shall remain in full force and effect. IN WITNESS WHEREOF,the City of Tybee Island and Waste Pro have caused this Addendum to be executed this fl day of (Y\A 9-G W. ,2012. I � ? THE CITY OF TYBEE ISLAND '4 '= PR.O 1/1 : Mayor By: Date: 'A O t Date: ATTEST: ATTEST: CI of Council ti v } 3 APPROVED AS TO PO LM: AStib.pa Edward M.Hughes City Attorney 3 1 1 E 1 1 Waste Pro 4 CART 4y I Oa= -."see J }7218 085,25 1<1 aera6ca 141!31/!2 F ,....,,g)-4,,..f.,...r s a . , n,,1 24.4156A,,i2ue, P9rl llt Fire 158$,991 I I i 22 F - 9726 3113 81$ 21118 s ca {r 323 3113 432 - 2214 3184 3113 231 t 2213 c y, :„ '' •c ; 3214 3113 131 1.0=5.4,7R.-5•72 14922255 • ! 56-$eat- 35041 Fcr 221,20111r5ea0 ! Years 4 I 1 r ,•111; 8alan3e Prkufpit lydaresk 4 7 149,425.20 . 2,72224 134.87 4,475.11 f 2 i4 o 63525 2,803.€2 87233 •8,47'6.11 3 143,03222 2,21588 35922 -8475,11 i • 4 141,01834 2,22871 846.32 447841 5 128,72748 2,241,75 - 523S4 47472.11 B 195,345.1 2524.79 220.33 4,476.11 i 7 132,411.03 2,22745 32726 4,472.11 fk( I 8 126,828.17 2,38234 594:11 -3,47211 8 12.524Z97 • 2,084,21 55020 4,97611 1 i 10 123,84720 9,1121.47 637.84 4,671111 e ! 11 120,94042 8#8740 254.52 3.4711.17 • 12 118.31955 7,034.13 643.05 447311 7,361 813 F 1s 115,925.65 x€784 t .48 44631 j 14 112137.0 X1.15 51327 4,47611 15 10217222 x,074,72 , 520.32 -3.473.11 - ( I 18 106,30.280 1,988.,%5 485,18 3,47311 k r 17 152,212.08 202245 4713479 -3,47241 15 120,211,52 3702581 45220 4,475.11 1 # 19 $7,125.80 9;222.$3 • 443;48 -4.475.11 20 44,100.17 3,54.8.52 43122 .84475.21 21 81,12285 4.057 AS 41725 4,47211 22 38,515,12 3.071.48 42828 4478.11 7$ $4,993.71 649'§53 98845 4475.11 24 52,908.63 8,69914 37341 4479.11 55,424 452 f ! 23 78,608,35 3,113.91 26121 -3,4.1 J 26 71,53455 31 .18 34.9• 4.475M } j 27 72.5@8;37 0,142,51 333.38 .2476.11 1 t 23 88.425.98 . 3.7118.92 818.19 --3.419.11 1{ 1 29 66,246.04 3,171,32 263.72 4475.11 5 1 30 63,225.55 505332 259.68 4,475.11 31 3250253 522020 214.416 4.42211 92 X10 321115 26922 •3°475.11 33 53$95.9'1 . $,226!99 x.18 .4.415.11 . 34 60,56323 3,244.73 23035 4,472.11 1 33' 47,018,26 8,286181 214,60 -1475,11 38 42759.54 3.274.55 22237 4475.11 3,378• 251 •87 44:40510 328215 155.68 4,475.11 i 1 1 r • 33 37,195.54 5,504.88 • 17048 .3,475.11 F i 91 33,890.81 3,313773 16313 -8,475.11 1 40 30,571./3 5,33499 140.12 4.475.11 f 41 21.235:6 32025 12912 437211 42 18,885.88 3,386281 _ 1120.43 3,97541 . 43 .10,522.28 5,58725 _ 6445 3,475.11 i 4t 17,134-17 5.9503 75255 -3,476.11 i I ! 1 • ° 45 13,742.61 3.472,12 82.69 -3,475.11 , 45 12330.49 5427.75 447.35 -2,47841 ' 47 ' 6,93213 3,443.4' 32464 .3,47341.1 j 1 i 43 246228 245926 16.86 -1476.11 1,218 101 i 42 4.98 • 3,476.11 022 4,473.11 t ■ 1 1 5 for services,refusal to collect or handle refuse, wanton or malicious spilling of refuse, willful disregard for safety and sanitation, any act of public nuisance or disorderly conduct. $100 each occurrence FEES AND COMPENSATION PAYABLE TO THE CONTRACTOR The fees and compensation payable to the Contractor for services described herein shall be those set forth in Attachment A and effective upon the commencement of service. The fees will be adjusted to compensate for the change in the cost of doing business, 1.°0i change in the cost of disposal and the change in the cost of fuel. a. The adjustment in fees to represent the change in the cost of doing business will be � '`� for the second and subsequent years of the term hereof or any extended terms and 1' will be adjusted upward or downward on the anniversary date of the contract as o- ,r measured by the change in the Consumer Price Index, All Urban Consumers, South, QV' as published by the Department of Labor, Bureau of Labor Statistics for the most S� C recently published 12 month period. b. The fees for service will be adjusted to reflect any increases in the cost of disposal or tipping fees charged to the Contractor by the disposal site,These are direct costs incurred by the Contractor and are effective at the time they are imposed on Contractor. c. The fees for service will be adjusted upward or downward, on a monthly basis_to reflect the change in fuel prices as reported by the Department of Energy, Fuel Prices,Lower Atlantic Region. The adjustment will be calculated using the average price per gallon for the preceding month and according to the formula included and attached in Exhibit B. SUBLETTING CONTRACT The contract or any portion thereof, shall not be sublet except with the prior written consent of the City Council.No such consent will be construed as making the City a party of to such subcontract,or subjecting the City to liability of any kind to any subcontractor. No subcontract shall,under any circumstances, relieve the Contractor of his liability and obligation under this contract, and despite any such subletting,the City shall deal through the Contractor. Subcontractors will be dealt with as workmen and representatives of the general Contractor,and as such. will be subject to the same requirements as to character and competence as are employees of the Contractor. TAXES The Contractor shall pay all federal, state and local taxes,to include sales tax, social security, workmen's compensation,unemployment insurance, and other required taxes Page 6