Proposed Solid Waste Collection Agreement
FIRST AMENDMENT TO SOLID WASTE COLLECTION AGREEMENT
This FIRST AMENDMENT TO SOLID WASTE COLLECTION AGREEMENT (this
“Amendment”) is entered into on _, 2017 (the “Effective Date”) by and between the County of Wayne, Georgia, (the “County”), and Republic Services of Georgia, Limited Partnership, a Delaware limited partnership d/b/a Southland Waste Systems of Waycross (“Contractor”).
WHEREAS, on May 3, 2016, the County and Contractor entered into a Solid Waste Collection Agreement providing for Contractor to perform Solid Waste collection services within the unincorporated limits of Wayne County and granting Contractor the exclusive right to collect Solid Waste from Residential Units within the unincorporated limits of the County (the “Collection Agreement”); and
WHEREAS, the County and Contractor have agreed to amend and modify the Collection Agreement with respect to its Term and the rates for Collection Services, as set forth below in this Amendment.
NOW, THEREFORE, for and in consideration of the mutual promises by and benefits to the County and Contractor in the Collection Agreement and this Amendment, and for other good and valuable considerations the receipt and sufficiency of which are hereby acknowledged, the County and Contractor agree to amend the Collection Agreement and to be legally bound as follows:
- Term. Paragraph 2(b) of the Collection Agreement is hereby amended to extend the initial term of the Collection Agreement, as follows:
The initial five year term of the Collection Agreement is hereby extended from December 31, 2021 for an additional period of three (3) years, and the initial term of the Agreement shall expire on December 31, 2024 (the “Term”). At the end of the Term, the parties may agree to extend the Term for an additional period of time pursuant to a written amendment to the Collection Agreement.
- Paragraph 6(a) of the Collection Agreement is hereby deleted in its entirety, and the following paragraph is substituted in the place thereof:
- Rates for Services. The prices to be paid by the County for the Collection Services shall be $9.50 per Residential Unit per month from January 1, 2016 through December 31, 2016. Beginning on January 1, 2017, the price to be paid for the Collection Services shall be $10.00 per Residential Unit per month from that date through December 31, 2017. Beginning on January 1, 2018, the price to be paid by the County for the Collection Services shall be
$11.00 per Residential Unit per month from that date through December 31, 2018. Beginning on January 1, 2019, the price to be paid by the County for the Collection Services shall be $12.00 per Residential Unit per month from that date through December 31, 2019. The rates which may be charged by Contractor as of January 1, 2020 and in subsequent years during the Term shall be increased annually on July 1, in an amount equal to the percentage increases in the Consumer Price Index for All Urban Consumers (Water, Sewer and Trash Collection Services), U.S. City Average, as published by the United States Department of Labor, Bureau of Statistics (the “CPI”). Rates
will be increased using the most recently available trailing 12 months average CPI compared to the preceding 12 month period. No decreases shall be made to the rates for Collection Services if the CPI decreases. If this CPI is no longer available, then a comparable replacement index will be used for the purposes stated herein, subject to approval by the County which shall not be unreasonably withheld.
- No Other Modification. Except as expressly modified by this Amendment, all terms of the Collection Agreement shall continue in full force and effect between the County and Contractor and shall govern their respective performance of the Collection Agreement for the Term thereof including any extensions.
- Binding Effect. This Amendment shall be binding upon and shall inure to the benefit of the County and Contractor and their respective successors and assigns.
- Good Standing. The County and Contractor mutually acknowledge and agree that each party as of the effective date of this First Amendment has fully performed its obligations under and is not in breach of any of the terms of the Collection Agreement.
- Counterparts and Authority. This Amendment may be executed in any number of counterparts, with the same effect as if both the County and Contractor had signed the same document, and all counterparts shall be construed together and shall constitute one agreement. The County and Contractor each represent that the person signing this Amendment on its behalf has the legal capacity and authority to execute and deliver this First Amendment on its behalf.
IN WITNESS WHEREOF, the County and Contractor have entered into this First Amendment to be effective as of the date set forth in the opening paragraph hereof.
[Signatures continued on following page]
[Signatures continued from preceding page]
THE COUNTY OF WAYNE, GEORGIA
REPUBLIC SERVICES OF GEORGIA, LIMITED PARTNERSHIP
By: Republic Services of Georgia, GP, LLC, its General Partner
Printed Name: Title:_