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Home My Public Portal AboutWaste Pro Second Addendum 3-27-12 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 a our ear 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 talce 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 addendum. 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 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 parties 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 the 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, icinelli@,wastenrousa.com 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 a i day of vle\ A Q.c_ 0 , 2012. THE CITY OF TYBEE ISLAND W PRO r ZA 4--- r , l Mayor By: Date: 3/ e Date: 3 �`� . I �/� ATTEST: A'l "EST: xse Cl of Council ........... APPROVED AS TO FORM: )p Edward M. 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