HomeMy Public PortalAbout2023-08 Authorizing a First Amendment to the solid waste collection agreement with Great Waste and Recycling Services, LLCRESOLUTION NO. 2023-08
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING
THE VILLAGE MANAGER TO NEGOTIATE AND ENTER
INTO A FIRST AMENDMENT TO THE SOLID WASTE
COLLECTION AGREEMENT WITH GREAT WASTE AND
RECYCLING SERVICES, LLC; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on January 1, 2021, the Village of Key Biscayne (the "Village") entered into
a solid waste collection agreement (the "Agreement") with Great Waste and Recycling Services,
LLC (the "Contractor") for solid waste collection and disposal services (the "Services"); and
WHEREAS, the Agreement provides for annual compensation in the amount of
$846,618.24 for the Services for the initial three-year term beginning January 1, 2021, through
December 31, 2023 (the "Initial Term"); and
WHEREAS, currently, the Agreement does not allow for price increases during the Initial
Term, but provides for annual increases to Service fees based on the Consumer Price Index for All
Urban Consumers (the "CPI -U") during option years; and
WHEREAS, the Contractor has requested a one-time compensation adjustment in the
amount of $49,950 for the third year of the Initial Term due to rising costs of providing the
Services; and
WHEREAS, in exchange for the one-time compensation adjustment, the Contractor has
has agreed to limit annual adjustments to compensation during option years to no more than 4%
based upon CPI -U and extend the term of the Agreement through the exercise of the first one-year
renewal option for the period commencing January 1, 2024, through December 31, 2024; and
WHEREAS, the Village Council desires to authorize the Village Manager to negotiate and
enter into a first amendment (the "Amendment") to the Agreement in substantially the form
attached hereto as Exhibit "A" in an amount not to exceed $49,950; and
WHEREAS, the Village Council finds that this Resolution is in the best interest and
welfare of the residents of the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals. That each of the above -stated recitals are hereby adopted,
confirmed, and incorporated herein,
Section 2. Authorization. That the Village Council hereby authorizes the Village
Manager to negotiate and enter into an Amendment to the Agreement in substantially the form
attached hereto as Exhibit "A" to (1) provide a one-time compensation adjustment in an amount
not to exceed $49,950 for the third year of the Initial Term, (2) limit option year price increases to
a maximum of 4% based on the CPI -U, and (3) extend the term of the Agreement through the
exercise of the first one-year renewal option for the period commencing January 1, 2024, through
December 31, 2024, subject to the final approval of the Village Attorney as to form, content, and
legal sufficiency.
Section 3. Effective Date. That this Resolution shall be effective immediately upon
adoption.
PASSED and ADOPTED this 15th day of February
ATTEST:
KCDC)'
JOC LYNCH
VILLAGE CLERK
JOE I. RASCO, MAYOR
, 2023.
Page 2 of 3
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
WEISS SEROTA HELFMAN COLE & BIERMAN, P.L.
VILLAGE ATTORNEY
Page 3 of 3
FIRST AMENDMENT TO
SOLID WASTE COLLECTION AGREEMENT
BETWEEN
VILLAGE OF KEY BISCAYNE
AND
GREAT WASTE AND RECYCLING SERVICES, LLC
THIS FIRST AMENDMENT TO THE SOLID WASTE COLLECTION
AGREEMENT (this "First Amendment '") is entered into this day of , 2023
(the "Effective Date"), by and between the VILLAGE OF KEY BISCAYNE, FLORIDA, a
Florida municipal corporation (hereinafter the "Village"), and GREAT WASTE AND
RECYCLING SERVICES, LLC, a Florida limited liability company (hereinafter the
"Contractor").
WHEREAS, on January 1, 2021, the Village entered into a solid
agreement (the "Agreement") with the Contractor for solid waste collection and
(the "Services"); and
WHEREAS, the Agreement provides for annual compensation in
$846,618.24 for the Services for the initial three-year term beginning January
January 1, 2024 (the "Initial Terrn"); and
waste collection
disposal services
the amount of
1, 2021, through
WHEREAS, the Agreement does not allow price increases during the Initial Term; and
WHEREAS, the Contractor has experienced increases to the price of providing the
Services due to inflationary pressures; and
WHEREAS, in order to address inflationary price increases, the Village and Contractor
desire to enter into this First Amendment to the Agreement in order to provide a one-time
adjustment to compensation for the Services during the third year of the Initial Term in the
amount of $49,950 (5.9%) and limit annual price adjustments during option years to no more
than 4% based upon CPI -U; and
WHEREAS, the Village and Contractor further desire to amend Exhibit "A," the Scope
of Services, to the Agreement by clarifying that the Village and Contractor may enter into
negotiations during an Option Year relating to the establishment of a franchise fee for the
Services provided to multi -family and/or commercial property owners in the Village.
NOW, THEREFORE, for and in consideration of the mutual promises set forth herein,
the parties do hereby agree as follows: i
Words strisk -through shall be deleted. Words underscored constitute the amendment. Remaining provisions are
now in effect and remain unchanged.
Amendment 1 - Contract No. 2020-63 Page 1 of 5
1. Recitals Adopted. The above recitals are true and correct and are incorporated herein by
this reference. All initially capitalized terms used but not otherwise defined herein shall
have the meaning ascribed thereto in the Agreement.
2. Option to Renew Exercised. Pursuant to Section 2.1 of the Agreement, the Village and
Contractor agree to exercise the first one-year renewal option for the period commencing
January 1, 2024, through December 31, 2024.
3. Compensation and Payment. Section 3, "Compensation and Payment," of the
Agreement is hereby amended to read as follows:
3.1. Compensation for Services provided by Contractor shall be in
accordance with the Fee Schedule attached hereto as Exhibit "D" (the
"Fee Schedule"). During the Initial Term, Contractor shall be
compensated in an amount not to exceed $846,618.24 annually during the
Initial Term 2,539,85;.72. Notwithstanding the foregoing, Contractor shall
receive an additional one-time adjustment to compensation during the
third year of the Initial Term in the amount of $49,950. The pricing on the
Fee Schedule may be adjusted annually during each Option Year, if
exercised, by a percentage equal to not to exceed 4% based on the
Unadjusted Percent Change of the Garbage and Trash Collection
expenditure category in the table for the Consumer Price Index for All
Urban Consumers (CPI -U) for the prior 12 months from the US Bureau of
Labor Statistics. During the first three months of the Initial Term of this
Agreement, Contractor agrees to pick up solid waste and recycling in
amounts in excess of those set forth in Sections 2.3 and 2.4 of the RFP at
no additional cost to the Village.
4. Option of Commercial Collection Services. Section 2.26, "Option of Commercial
Collection Services," of Exhibit "A" to the Agreement is hereby amended to read as
follows:
Although not included within the Scope of Services for this Agreement, if
requested by the multifamily and/or commercial property owners;
Q`Cornmercial Service Uuitsj, the Contractor shall provide pricing for
collection, disposal and recycling services for such properties. Collection
and recycling services may be provided by Contractor pursuant to a
separate agreement with the multi family or real Commercial
Service Unit property owner or the Village. This pricing is subject to the
same price increases as the Agreement, and if the Commercial Service
Unit chooses to make use of it, they must enter into a separate Agreement
with the Contractor for a period of at least one (1) year. This separate
agreement should include pricing for, but not limited to, the pricing to
service of dumpsters, roll -offs, and carts.
Nothing included herein shall prevent the Village from adopting a
franchise agreement, including related franchise fees, for the provision of
the Services to Commercial Service Units. , in the Village's polo
di cretion, to grant the Contractor the exclusive franchise or right to
Amendment 1 - Contract No. 2020-63 Page 2 of 5
th-is A ^ e malt p
with the ricin4 t Tb
o b^ t' r a b t `" th� rti
�w C ef
will 4t allow the lage to request a F.anchisc-F ca-fromrrthe--contractor.
This pricing is subject to the same price increases as the Agreement, and if
the Cnmm al Sa r nit eko to .,L +` i+ th a a
ef
int-e-a-sepafate-A-gFeetnent -ith-the-C—entfac4er-fer-a-peFiefl-ef -at-least-one
(1) year.
5. E -Verify Affidavit. The Agreement is hereby amended to create Section 27, "E -Verify
Affidavit," as follows:
27. E -Verify Affidavit. In accordance with Section 448.095, Florida
Statutes, the Village requires all contractors doing business with the
Village to register with and use the E -Verify system to verify the work
authorization status of all newly hired employees. The Village will not
enter into a contract unless each party to the contract registers with and
uses the E -Verify system. The contracting entity must provide of its proof
of enrollment in E -Verify. For instructions on how to provide proof of the
contracting entity's participation/enrollment in E -Verify,_ please visit:
https://www.e-verify.gov/fag/how-do-i-provid e-proof-of-my-
participationenrollment-in-e-verify. By entering into this Agreement, the
Contractor acknowledges that it has read Section 448.095, Florida
Statutes; will comply with the E -Verify requirements imposed by Section
448.095, Florida Statutes, including but not limited to obtaining E -Verify
affidavits from subcontractors; and has executed the required affidavit
attached hereto and incorporated herein.
6. Conflict; Amendment Prevails. In the event of any conflict or ambiguity between the
terms and provisions of this First Amendment and the terms and provisions of the
Agreement and any prior amendments, the terms and provisions of this First Amendment
shall control.
7. Agreement Ratified. Except as otherwise specifically set forth or modified herein, all
terms and pricing in the Agreement are hereby ratified and affirmed and shall remain
unmodified and in full force and effect in accordance with its terms.
Amendment 1 - Contract No. 2020-63 Page 3 of 5
E -VERIFY AFFIDAVIT
In accordance with Section 448.095, Florida Statutes, the Village requires all contractors doing
business with the Village to register with and use the E -Verify system to verify the work
authorization status of all newly hired employees. The Village will not enter into a contract
unless each party to the contract registers with and uses the E -Verify system.
The contracting entity must provide of its proof of enrollment in E -Verify. For instructions
on how to provide proof of the contracting entity's participation/enrollment in E -Verify, please
visit: hops://www.e-verify.gov/faq/how-do-i-provide-proof-of-my-participationettrollment-in-e-
verify
By signing below, the contracting entity acknowledges that it has read Section 448.095, Florida
Statutes and will comply with the E -Verify requirements imposed by it, including but not limited
to obtaining E -Verify affidavits from subcontractors.
❑ Check here to confirm proof of enrollment in E -Verify has been attached to this
Affidavit.
In the presence of: Signed, sealed and delivered by:
Witness #1 Print Name: Print Name:
Title:
Witness #2 Print Name: Entity Name:
ACKNOWLEDGMENT
State of Florida
County of
The foregoing instrument was acknowledged before me by means of 0 physical presence or ❑
online notarization, this day of , 2023, by
(name of person) as (type of authority) for
(mate of party on behalf of whom instrument is executed).
Notary Public (Print, Stamp, or Type as
C oIrmlissioned )
Personally known to me; or
Produced identification (Type of Identification:
Did take an oath; or
Did not take an oath
Amendment 1 - Contract No. 2020-63 Page 4 of 5
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed the day and yearas
first stated above.
VILLAGE OF KEY BISCAYNE
By:
Steven C. Williamson
Village Manager
Attest:
By:
Jocelyn B. Koch
Village Clerk
Approved as to form and legal sufficiency:
By:
Weiss Serota Helfman Cole & Bierman, P.L.
Village Attorney
Addresses for Notice:
Village of Key Biscayne
Attn: Village Manager
88 West McIntyre Street
Key Biscayne, FL 33149
305-365-5514 (telephone)
305-365-8936 (facsimile)
swilliamson@keybiscayne.fl.gov (email)
With a copy to:
Weiss Serota Helfman Cole & Bierman, P.L.
Attn: Chad Friedman, Esq.
Village of Key Biscayne Attorney
2800 Ponce de Leon Boulevard, Suite 1200
Coral Gables, FL 33134
cfriedman@wsh-law.com (email)
CONTRACTOR
By:
Name:
Title:
Entity: GREAT WASTE AND RECYCLING
SERVICES, LLC
Addresses for Notice:
Great Waste and Recycling Services, LLC
Attn: Carlo Piccinonna
3051 NW 129th Street
Opa Locka, FL 33054
305-688-6188 (telephone)
Carlo(wgreat-waste.com (email)
With a copy to:
Great Waste and Recycling Services, LLC
Attn: Joseph E. Altschul, Registered Agent
1911 NW 1506 Avenue, Suite 2871
Pembroke Pines, FL 33028
Amendment 1 - Contract No. 2020-63 Page 5 of 5