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HomeMy Public PortalAboutSixth Addendum to AgreementSIXTH ADDENDUM TO SOLID WASTE AND RECYCLING COLLECTION FRANCHISE AGREEMENT THIS AGREEMENT is made and entered this '� 9 . day of A\0rCJ-, 2019 by and between THE TOWN OF GULF STREAM, FLORIDA (hereinafter the "TOWN"), and WASTE MANAGEMENT INC. OF FLORIDA, a Florida corporation (hereinafter the "CONTRACTOR"). WITNESSETH: WHEREAS, the TOWN and CONTRACTOR are parties to the current Solid Waste and Recycling Collection Franchise Agreement (the "Agreement") by virtue of an assignment by Browning-Ferris Industries of Florida, Inc. to CONTRACTOR, such assignment having been approved and ratified by the TOWN; and WHEREAS, parties entered into that certain Addendum to Solid Waste and Recycling Collection Franchise Agreement on August 8, 1997 ("First Addendum"); and WHEREAS, the parties entered into that certain Addendum to Solid Waste and Recycling Collection Franchise Agreement on September 11, 2003 ("Second Addendum"); and WHEREAS, the parties entered into that certain Third Addendum to Solid Waste and Recycling Collection Franchise Agreement on August 18, 2008 ("Third Addendum"); and WHEREAS, the parties entered into that certain Fourth Addendum to Solid Waste and Recycling Collection Franchise on September 19, 2013 ("Fourth Addendum"); and WHEREAS, the parties entered into that certain Fifth Addendum to Solid Waste and Recycling Collection Franchise on September 14, 2018 ("Fifth Addendum"); and WHEREAS, the TOWN and the CONTRACTOR wish to amend the Agreement to provide for extension to the term as contemplated in Section 1 of the Agreement, change the index for use in making annual rate adjustments, and provide new rates for services commencing April 1, 2019. NOW, THEREFORE, in consideration of the mutual covenants, promises and understandings set forth herein and for other good and value consideration, which is hereby acknowledged, the parties hereto agree as follows: 1. The foregoing recitations are true, correct and incorporated herein as if set forth at length. 2. Paragraph 1 of the Agreement entitled "TERM" is hereby amended to read as follows: The term of this Agreement shall be for the period beginning October 1, 1993, and expiring March 31, 2024. This Agreement may be extended and renewed for additional five (5) year terms upon mutual agreement of the parties. 3. Section 17 is modified to replace the Consumer Price Index for the Atlanta Southeast Regional area with the rolling 12 month average of the Consumer Price Index for All Urban Consumers: Water and sewer and trash collection services series CUUROOOOSEHG, as published by the Bureau of Labor Statistics, not to exceed 4% annually, adjusted on April 1 of each year. 4. New Exhibit B Rates attached hereto and made a part hereof shall be effective April 1, 2019. 5. All other terms and provisions of the Agreement are hereby ratified and confirmed except as expressly herein amended and modified. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first hereinabove written. Witnesses: TOWN OF GULF STREAM, FLORIDA By. Z2 � r Attes . , Lf Print Name ow erk Print Name Witnesses: WASTE MAN GEMENT INC. OF FLORIDA, a Florida Cor ra ion By: oWA, /IDAVID MYHAN President Print Name RON LD M LAN, ASST. SEC. _ Print Name STATE OF FLORIDA COUNTY OF BROWARD 2 I hereby certify that on this day, before me, an officer duly authorized in the aforesaid State and County to take acknowledgements, personally appeared DAVID MYHAN, known to be President of WASTE MANAGEMENT INC. OF FLORIDA, a Florida Corporation, who acknowledged that he freely and voluntarily executed the same under authority vested in him by said Corporation, and that the seal affixed hereto is the true Corporate Seal of said Corporation. My Commission: DENISE IOGUE My COMMISSION # FF247189 ' +b, EXPIRES July 06, 2019 a01139&0'�3 HondallowyServlce car 9 EXHIBIT B RATES Town of Gulfstream Solid Waste and Recycling Collection Rates Rates Effective April 1, 2019 4/1/2019 RESIDENTIAL COLLECTION SERVICE Single Family month) rate per home Residential Collection - Garbage, Trash & Recyclinga 33.00 Note: garbage and recycling is backside door Multi-FamilyContainerized rate per cubic yard): 7.18 Disposal based on 134 lbs per yard at current disposal rate of $42 per ton. Flat rate MSW disposal at SWA rate per yard $ 15.00 CPI based on the rolling 12 month average of the WST index in January each year not to exceed 4% 3/13/2019 9:22 AM Town of Gulfstream NEW RATES April 2019 Page 1