HomeMy Public PortalAbout2023 First AmendmentDocuSign Envelope ID: 60A7BB01-82AF-4337-ADDS-EOF13D534A6E3
FIRST .V411- NIMIENT TO
SOLID 1,1i AS COLLE(' I.I0N .‘(;RLL�I1:\ I
BETWEEN
VILLAGE OF KEY RISC ANE
AND
GREAT t1 1s 1 F. '.\D RECYCLING SERVICES, LLC
TIIIS FIRST A\IF.\I)\11.\ T TO THE SOLID WASTE OLLECTION
AGRE:E:IIE:`T (this "First Amendment ") is entered into this, / 5tday of 2023
(the "Effective ()ate"). and between the VILLAGE OF KEY RISCA .NE, FLORIDA. a
Florida municipal corporation (hereinafter the "Village"). and GREAT WASTE AND
RECYCLING; SERVICES, I.I.C, a Florida limited liability company (hereinafter the
"Cent ractor" 1.
WHEREAS. on Jauuar I, 2021, the Village entered into a solid waste collection
agreement (the "Agreement -1 w it the Contractor for solid caste collection and disposal services
(the "Sertices" a: and
WHEREAS, the Agreement pmvides list annual compensation in the amount of
5846.618.24 for the Senices lur the initial three-year tern beginning January 1, 2(121. through
January 1, 20_24 (the "Initial Tenn"): and
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
WIIEREAS. in order to address intlationary 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 Tenn in the
curwuunt of $49.950 (5.9°. and limit annual pi -1c%; adjustments during option years to no more
than 4°'u based upon (P1 -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 or' a franchise fee for the
Services provided to multi -family and ur commercial property ov nee. m the Village.
NOW, THEREFORE, for and m consideration of the mutual promises set forth herein.
the parties do hereby- agree as follows: I
' Word, Fr oshaltb deleted 11'crrds undenekk ;dc•um.tnutctheamcnJnwrrr Rota atnrngpre
novi in cfl'ccr anti :vow unchaniwd
Amendment 1 - Contract No '020-63 Page 1 of 5
DocuSign Envelope ID: 6OA7BB01-82AF-4337-ADDS-EOF13D534A6B
I. Recitals Adopted. The aho.c recital, are true and correct and are incorporated herein by
this reference. :till ,rirli.liIv eapitalifed terms used but not otherwise defined herein shall
ILA,: the meaning ascribed thereto in the Agreement.
2. Option to Rene Exercised. Pursuant to Section'. l of the Agreement. the 'Village and
Contractor agree to exe'retsc the last one-year renewal option for the period commencing
January I. 2024. through December 31. 2024.
3. Compensation and Pavrnent. Section 3, "Compensation and Payment." of the
Agreement is hcrch\ amended to read as InIIov
3.1. (omloensation for Scn lees pro Ided by Contractor shall he it)
accordance a ith the !-ce Schedule attached hereto .t I.xhibit "LY (the
"I=ce Schedule -1 During the Initial Tenn. Contractor shall he
compencated in an amount not to e.eecd S846.h 1 t(.24 annually during the
Initial Tern) 2.`?`).X 1.71 Notwithstanding the foregoing. Contractor shall
receive an additional one -tune adiusttnent to compensation during the
third year of the Initial Term in the amount ofS49,950. the pricing on the
Fee Schedule 'nay he adjusted annually during each Option 1'e:ar, if
exercised. h. a percentage equal -+o not to exceed 4 based on the
Unadjusted Percent Change of the Garbage and trash Collection
expenditure categon rn the gable for the Consumer Price Index for All
1 irban Consumers WPM: l for the pour 12 months from the 1 S Bureau of
Labor Statistics. During the first three months of the Initial lenn 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 '.4 of the RFP at
no additional cost to the \'illa!ic
4. Option of Commercial Collection Ser\ices. Section 2.26. -Option of Commercial
Collection Services." of Exhibit ":V' to the Agreement is herehl amended to read as
follom s:
Although not included .\ nhrn the scope of Ser ices for this Agreement. if
requested by the tnultifatnily and or coitunerctal property owners.
LCt+mmercaal Se! Ice 1 nit+21. lilt Cuiiti.utui shall laaovide pricing list
collection. disposal and recycling sery ices for such properties. Collection
and recycling ser• ices may he pre►% ided by Contractor pursuant to a
separate agreement with the n i lintly or c.oinrri w-r,+il Commercial
Serice Unit properly o\+ncr or the Village. ibis pricing is subject to the
saim. price increases as the Agreement, and if the Commercial Sallee
knit chooses to make use of it. they must enter into a separate :lurcCtiicnt
with the Contractor for a period of at least one (11 year. TThis_`enaratc
agreement should include pricing for, but not limited to_tiie tenting: to
service of dutupsters. roll -offs. and carts.
Nothing included herein shall prevent the Village from adopting a
franchise ai;reemert. includin, related franchise fees, for the n oviaion of
the Services to Commercial Service Units. , in title ViUug* sole
e1 ion: t.+ trant-the--controt4w-th,e t to
.Amendment 1 - Contract No. 'rl'i}-63
Page 2 of 5
DocuStgn Envelope ID: 6OA7BBO1-82AF-4337-ADDS-EOF 13D534A6B
pr*Wit .cPeiteti- -r ittli1-4;ki +ity--ttF+d- 1-pwt W-t.++r.+ift++t—it+
this .\zrcm-t+entew+e+n_ tt' rm-►art+4•,+
will it-t+lloss -tt ++ rettot +, tee Ir+*in *teach►+.
u tt+c-,:t+++c-- -e-inectio_e a: -t e -A em nt:-t+ntl-it
tht. C= FIVRttift:44- -1�ntt choir;. to-inaI wits-ol' it. they +*+.t enter
i'ttto-a scpar:+tc-gf_,^:,::t- h the L•t+t
II l year.
-t-1: r+HeAft p , r..-, b• •+ ++tPI limited tu. t he pri g-te-serr+t—#
ttinipsief +t►li ii1T.. J �a+a
5. E-%eriff Affidavit. 11rc Agreement is herebn ,emended to create Section 27. "F-\•crit'r,
Aflid av it... as folloNs s:
27. E-Verife Affidavit, In accordance with Section 448.095, Horida
Statutes. the Village reuuires all contractors doing hu'incss with the
Village to register with and use the E-\'crifw system to verify the work
authuri,ation status of all nerdy- hired enmlovees. lire Village will not
enter into a contract unless each party to the contract register* with and.
uses the 1•: -Verify system. the contracting entity must provide of its proof
of enrollment in E-Vcrify. For instructions on how to provide proof of the
contracting entity's participation enrollment in F -Verify. please visit:
Imps: ►s st .c -t cri fy.goti;fleet, frost -do-i brut ide-proof-o
participationenrolfinent-in-c-verify. Hv entering into this Agreement, the
Contractor acknowled 'es that it has read Section 448.095. Florida
Statutes; s ill comply with the E:-Venfv rcauirements imposed hs Section
448.095. Florida Statutes, including but not limited to obtaining l:-1 ent.%
affidavits fro m__ suhcontraetut.: and has executed the required affidavit
attached hereto and incorl=nated herein.
(►. Conflict: Amendment Prevails. In the event of any conflict or amhtguttt between the
terrors and provisions of this First Amendment and the terns and pro%isions of the
Agreement and any prior amendments. the terrors and provisions of this First Amendment
shall control.
7. :A2recment Ratified. t ',eept a, nihem ise peril'iealh set forth or mod died htirein. ,ill
terms and pricing in the :\t recnri nt are hereby ratified and affirmed and shall remain
unmodified and in lull force and ef'f'ect in accordance with its terms.
Amendment I - Contract No. 2020-6; Page 3 of 5
DocuSign Envelope ID: 60A7BB01-82AF-4337-ADDS-E0F13D534A6B
F. -VERIFY AH:11).0411
In accordance w ith Section 448.095. Honda Statutes. the \'illage tctlaiiies all contractors doing
business with the Village to register with and use the E. -Verify systein to verify the work
authoniation status of all newly hired employees. The Village will not enter into a ct+Inr.wt
unless each party- to the contract register: with and uses the F -Verify system
The contracting entity must pro%ide of its proof of enrollment in I•' -Verify. Fur instructions
on how to pro%itle proof t+I the contracting entity'' panicipatiottenrollment in F -Verily. pleas
kslt: hors .e -%crib ._ .4how -do-i-pro%rde-ptt -patticll1.t11+1lttnr«IIin nt tn-e
ert1%
By signing below.. the contracting entity acknowledges that it has read Section 448.095. Flonda
Statutes and will comply ►with the E -Verify requirements imposed by it. including but not limited
to obtaining l•-1 craft affitia%its Iron stnccontractor.
_ C l heekhere to confirm proof of enrollment in F. -Verify has been attached to this
Affidavit.
delivered by!
Print Name:die Pt/4'
Title:
Entity .anle.
ACKNOWLEDGMEN�¢c`f�T �!%IS�G itto ll
State of I'lall"pt NQ
County of !L' tie'' -fl €
The foregoing instrument as acknow edged before me by means of V' phys -al pre -c or i
online notarization. this 1 ^ "J day u % . 2023. by
(rtatr IS.: { person) as _ % � (type of authority) for
. (name of patty lea l to of wilts) t instrument is executed t.
JENNIFER A,MELENDEZ
Commission # HH 004386
Expires September 28.2024
4 ....... Bonded Thru Troy Fain Insurance 8N-385-709
bile (1'rini tamp. or Type as
tnussioned i •
Personally known to OK.
/Prod/Produced Idcnttticatutn t lvpe of Identification:
uced
take an oath: or
Did not take an oath
Amendment 1 - Contract No. 2020-ta i
Page 4 of 5
DocuSign Envelope ID: 60A7BB01-82AF-4337-ADDS-E0F13D534A6B
1\ 11 I 1 \1,1 ss \1 II 11F. the parties hereto itasecaused this I•rr't Amend
\ It I. %GE (1F hi.
DocuSened by:
SjtUMAA, C OilaiGuti\S61A,
lit ,g&A423
Stcsen C. \\
Village Islanatei
Attest
DceuSigned by: y
i0 4,4 tl. A.it4
Fly •ff
WDIvs.1 £O91447
Jocelyn B. Kurh.
Village Clerk
Apptr+s cd as to fort -1 •..!nd legal su11'xtcn�s
DocuSigned by
B.
Weiss rtZ'F1�4�'tkli rifffiCulc & Bierman. I' 1
V'tliage A1lorncy
Chal
:Addresses for \utIce:
Village or iCcy Biscayne
Attn: Village Manager
x8 VVcst hlclnts•rc Street
Frey 13tscay nc. FI. 3 t 14'
305-365.5514 (telephone)
305-31.5-$936 tfaoinrtle)
swvilli:tntsrrnraakcylrrscayne.fllt.,s (email)
Al ith a copy to:
Weiss Scrota 1lelt:r.an Cnk & [lirmt.cn. 1' 1 . .
Attn. ('had Friedman. Esq.
Village of Key Biscayne Altrrm.n
2811(1 Ponce de Leon Boulevard. Suite 12(111
Coral Gables. FL 33I t-1
cfn dman:a ush-L*w,com lernatlt
Amend molt 1 - Contract Nn. 2(1211-(r;
1•
Name
Fele
secured the day and year as
Entity GREA I ♦% %S 11/: AND RECYCLING
SE :S.
r Notice:
(heal Waste and Kecycltnghen ices. 1,I.0
Ann: Carlo Piecinonna
1051 NW 129'h Street
(lira Locka. FL 33054
;05418x-6188 ltekphone)
y eat-u.r+te imp lemalil
V1 ith a cups to:
(.;resit Waste and Kee>cling Stntccs. LLC
\tin to.eph I:. Altschul. Registered Agent
I 't I I \\V I5(1'h :\senuc. Suite 2871
I',•nrl•a„ 4,e Pines. 11 111128
Page 5of5