HomeMy WebLinkAbout2024 First AmendmentFIRST AMENDMENT TO FRANCHISE AGREEMENT
THIS FIRST AMENDMENT TO FRANCHISE AGREEMENT is hereby
made this 24th day of July 2024 and entered into by and between the City of
Sebastian ("CITY"), a municipal corporation organized and existing under the laws
of the State of Florida, and WASTE MANAGEMENT INC. OF FLORIDA, a Florida
corporation ("FRANCHISEE"), who, for the considerations contained herein, agree
as follows:
WITNESSETH
WHEREAS, the CITY and FRANCHISEE entered into a Franchise
Agreement dated April 12, 2023 (the "Franchise Agreement"), pursuant to which
the FRANCHISEE would perform certain solid waste and recycling services; and
WHEREAS, the CITY and FRANCHISEE desire to amend the Franchise
Agreement underthe terms as setforth below in this FirstAmendment to Franchise
Agreement (the "First Amendment"); and
WHEREAS, the Parties find that it is appropriate to enter into an
Amendment to the original agreement for such purposes.
NOW, THEREFORE, for good and valuable consideration, the receipt of
which is hereby acknowledged, the Parties hereby agree as follows:
1. Section 9.0 Residential Solid Waste Collection Service Rates is deleted
and replaced with the following:
The total rate per Residential Unit for Residential Solid Waste Collection
Service charged by the Franchisee shall be $16.25 per month as of October
1, 2024, as depicted in the rate schedule attached hereto and marked
Exhibit "A". The foregoing is the total rate that may be charged by the
Franchisee to the City for Residential Solid Waste Collection Service and it
shall include all collection costs, disposal costs, and all other fees and
expenses. Notwithstanding the foregoing, the Franchisee and the City
acknowledge and agree that the total rate for Residential Solid Waste
Collection Service is subject to adjustment as set forth in this Agreement.
The rate of $16.25 per home will remain unchanged, however, until
September 30, 2027. The first increase to the Residential Solid Waste
Collection Service rate shall take place as of October 1, 2027, and be based
upon the increase in CPI (as per Section 12.0).
1
2. Section 13.26. Scholarship is hereby added to the Agreement as follows:
Section 13.26. Scholarship
The FRANCHISEE will provide an annual contribution to the CITY in the
amount of TWENY FIVE THOUSAND DOLLARS ($25,000.00) for
scholarships for graduating high school students or other similar use that
the City determines is in the public interest. This amount shall be
payable by FRANCHISEE on May 1, 2025, and on or before every July
1 thereafter through the end of the Agreement term. CITY shall award
same within appropriate criteria as determined solely by CITY.
3. A new Exhibit "A" is attached hereto and made a part hereof.
4. Except as modified herein, the original Franchise Agreement shall remain
in full force and effect. To the extent that a term of the original agreement is in
conflict herewith, this Amendment shall supersede and apply.
5. This First Amendment to Franchise Agreement shall be effective
September 30, 2024.
ATTEST:
Z
WASTE MANAGEMENT INC. OF
FLORID
By:�all
David Myhan, Presiden
ATTEST: CITY OF SEBASTIAN
By:
� W By: ��
J nette Williams, City Clerk Mayor Ed Dodd
APPROVED AS TO FORM
AND LEGALITY
Lnnifer Cockcroft %City Attorney
ra
Exhibit "A"
City of Sebastian - Solid Waste Franchise
6 % Franchise Fee Included in all Commercial charges
Sebastian Effective 101112024
Commercial Non-Compactod Yardage - Detail Prcinq
Pickups per Week
5 6 XPU
222.60 $ 265.59 S 76.34
445.19 S 531.18 5 81.80
667.80 S 767.33 S 87.25
890.39 S 1.062.37 S 92.70
1,335.69 S 1,593.64 S 98.15
E748.9d
$1,780.79 $2,124.73 103.61
Commercial Compacted Yardage -Detail Pricing
Pickups per Week I
Size I 1 2 I 3 1 4 5 6 J XPU
2 YD Comp $188.67 $376.42 $564.63 $752.84 $941.05 $1,129.2GI 81.60
2
3
4
Size
1
1-Cubic Yard
$
50.63 $
2-Cubic Yard
S
101.25 $
3 - Cubic Yard
S
151.88 $
4-Cubic Yard
S
202.50 $
6-Cubic Yard
S
303.77 S
8-Cubic Yard
$405.02
COMMERCIAL SOLID WASTE CART AND ROLLOUT RATE - DETAIL PRICING
Pickups per Week
Size
1
2
3
4
5
6
XPU
96 Gallon Can
$
38A7
$ 76.34
S 114,51 $
152.68
S 190.86
NIA
S
is
81.60
64 Gallon Cart
$
38.17
5 76.34
5 114.51 S
152.68
S 190.86
N/A
S
81.80
Rollout Service
$
16.36
$ 16.36
5 16.36 S
16.36
S 16.36
N/A
16.36
ROLLOFF SOLID WASTE OPEN TOP Cf1NTAINERS -DETAIL
PRICING
Container
IS/IE
Pull Rate
Service Chargye
115 Yard Open Top
$441.69
5155.841
120 Yard Open Too
$441.69
$155.841
130 Yard Open Top
$441.69
$155.841
40 Yard Open Top $441.69 1 $155.841
OVE RATES ARE SUBJECT TO ADDITIONAL LANDF LL FEES
ROLLOFF SOLID WASTE COMPACTOR: - DETAIL PRICING
Container
Ia/2E
Pull Rate
Service Charya
117 Yard Compactor
$441.69
$155.84I
120 Yard Compactor
$441.69
$155.84
130 Yard Compactor
$441.69
$155.841
Yard Compactor
$441.69
$155.841
I40
Additional Compactor Sizes not noted above
5441.69
$155.841
RESIDENTIAL RATES - DETAIL
PRICING
On -Call Bulk
Waste, White
Garbage 1x
Yard Trash 1x
Goods Total
Family Home+-
ISingle
Curbside
$16.25
$0.00
$0.00 $16.25 $
I 96 Gallon Cart - Default
1 64 Gallon Cart -O lion
36 Gallon Can - Option
_
I
Multi -Dwelling (five (5) or more
Units) - Curbside
$16.25
$0.00
$0.00
516.25 $
96 Gallon Cart -Default
( 64 Gallon Cart - Oglion
I 36 Gallon Cart - O��lion
I
I+ Duplex. Triplex. Quadolex
(Additional Cart
Lost CartlCustomer Abuse Cha7c
Note: Handicap "backdoor service of above rates. No additional cosf.
$67.451
$67.451
Additonal Cart
Quarterly Quarterly
48.75 NIC
48.75 NIC
7/15/2024 6:17 PM City of Sebastian CPI October 2024 v.1 Page 1
Bureau of Labor Statistics
CPI for All Urban Consumers (CPI-U)
Original Data Value
For the City of Sebastian
Series Id:
CUUR0300SAO.CUUS0300SA0
Not Seasonally
Adjusted
Series Title:
All items in
South urban, all
urban
consumers.
not
seasonally
adjusted
Area:
South
Item:
All items
Base Period:
1982-84=100
Years:
2014 to 2024
Year
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Doc
Annual
HALF1
HALF2
2014
227.673
228.664
230.095
231,346
231.762
232.269
232.013
231.611
231.762
231.131
229.845
228.451
230.552
230.302
230.802
2015
226.855
227.944
229.337
229.957
230.886
232.026
231.719
231.260
230.913
230.860
230.422
229.581
230.147
229.501
230.793
2016
229.469
229.646
230.977
231.975
232.906
233.838
233.292
233.561
234.069
234.337
234.029
234.204
232.692
231.469
233.915
2017
235.492
236.052
236.154
236.728
236.774
237.346
236.942
237.892
239.649
239.067
238.861
238.512
237.456
236.424
238.487
2018
239.772
241.123
241.595
242.486
243.279
243.770
243.776
243.605
243.640
244.163
243.484
242.150
242.737
242.004
243.470
2019
242.547
243.856
245.554
246.847
246.667
246.515
247.250
246.953
246.891
247.423
247.385
247.289
246.265
245,331
247.199
2020
248.005
248.412
248.136
246.254
245.696
247.223
248.619
249.639
250.193
250.542
250.255
250.693
248.639
247.288
249.990
2021
252.067
253.386
255.319
257.207
259.343
261.668
263.013
263.728
264.593
267.160
268.360
269.263
261.259
256.498
266.020
2022
271.634
274.688
278.598
279.879
283.307
287.427
287.608
287.168
287.656
288.836
288.991
288.205
283.666
279.256
288.077
2023
290.438
292.285
293.358
295.315
295.889
296.789
297.279
298.975
299.657
299.394
298.930
298.754
296.422
294.012
298.832
2024
300.421
303.144
304.490
305.104
305.296
305.357
303.969
Index Change =
8.568
CPI Change =
2.89%
CPI Max 3% =
3.00%
CPI Applied =
2.89%
Source: Bureau of Labor Statistics Generated on: July 20, 2021 (07:25:21 AM)
CITY COUNCIL AGENDA TRANSMITTAL
Council Meeting Date: July 24, 2024
Agenda Item Title: Consideration of First Amendment to the Franchise Agreement between the
City of Sebastian and Waste Management Inc. of Florida
Recommendation: Staff recommends approval of the First Amendment to the Franchise
Agreement between the City of Sebastian and Waste Management Inc. of
Florida and authorize the Mayor to execute the Amendment.
Background: The City of Sebastian and Waste Management Inc. of Florida (WM) entered
into a Franchise Agreement on April 12th, 2023 which went into effect on July 1 st, 2023. Since the inception
of the agreement there have been some changes in the local market and City Council asked staff to have
discussions with WM in regards to our franchise agreement. Following several meetings, WM provided the
City with this First Amendment which will reduce the monthly rate for our residents as well as keep the rate
unchanged until September 30, 2027. The amendment also provides the City with $25,000 for scholarships, for
graduating high school seniors within the Community.
If Agenda Item Reuuires Expenditure of Funds:
Budgeted Amount: N/A
Total Cost: N/A
Funds to Be Utilized for Appropriation: N/A
Attachments:
1. Amendment to Franchise Agreement
2. Amended Exhibit A
Administrative Services Dep en
City Attorney Review
Procurement Division ew, if applicable:
City Manager Authorization:
Date:
NI4-