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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