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HomeMy WebLinkAbout2021-10-12-Agenda MeetingSpecial Called Meeting Commission Chamber- 10/12/2021- 11:00 AM 1. LEGAL MEETING A. Pending and potential litigation B. Real estate C. Personnel Attachments 2. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act.Attachments 3. Consider a request from ORION Waste Solutions for the re- approval of the 2-year contract Extension. (Deferred from the October 5, 2021 Commission Meeting ) Attachments www.augustaga.gov Legal Administration Committee Meeting 10/12/2021 11:00 AM Legal Meeting Department: Presenter: Caption:LEGAL MEETING A. Pending and potential litigation B. Real estate C. Personnel Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 1 Legal Administration Committee Meeting 10/12/2021 11:00 AM Legal Meeting Affidavit Department: Presenter: Caption:Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 2 Legal Administration Committee Meeting 10/12/2021 11:00 AM Orion Waste Solutions 2-year extension Department:Augusta Commission Presenter:Commissioner Brandon Garrett Caption:Consider a request from ORION Waste Solutions for the re- approval of the 2-year contract Extension. (Deferred from the October 5, 2021 Commission Meeting ) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 3 1 SECOND AMENDMENT TO AUGUSTA, GEORGIA SOLID WASTE AND RECYCLABLES COLLECTION AGREEMENT THIS SECOND AMENDMENT to the Augusta, Georgia Solid Waste and Recyclables Collection Agreement with an effective date of August 7, 2012 (the “Agreement”), by and between Augusta, Georgia and Inland Waste Solutions (f/k/a Inland Service Corporation) d/b/a/ Orion Waste (hereinafter collectively referred to as the “Parties”), is made and entered into this day of October, 2021 to be effective as of 12:01 a.m. on January 1, 2024. WHEREAS, the Parties agree to the following terms and conditions and expressly agree that if any of the following terms and conditions conflict with any of the terms and conditions of the Agreement, then, notwithstanding any term in the Agreement, the following terms and conditions govern and control the rights and obligations of the parties. NOW, THEREFORE, in consideration of the Parties agreeing to amend their obligations in the existing Agreement, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, both Parties agree to amend the Agreement as follows: 1. Section 2.1 Performance Commencement is hereby amended to add the following as the last sentence of Section 2.1: The Parties are exercising the Second Renewal Term of January 1, 2024 to December 31, 2025 in the manner as provided in this Section 2.1 of the Augusta, Georgia Solid Waste and Recyclables Collection Agreement. 2. Section 8.2.5 Additional CNG Infrastructure is hereby amended to add the following as the last sentence Section 8.2.5: The Parties hereby mutually agree that contractor shall continue such payments in the amount of $55,000.00 per month during the First and Second Renewal Terms. 3. Section 7.3 Non-Contract Waste is hereby amended to add the following as subsection (c): c. Contractor agrees to bring any non-contract waste collected or under its control within the areas surrounding Richmond County (the CSRA Geographical Region) to the Augusta Landfill, or any other facility designated by Augusta, at the rate provided for in the Augusta Landfill Solid Waste Disposal Agreement dated March 19, 2019, which is incorporated herein by reference. Attachment number 1 \nPage 1 of 3 Item # 3 2 4. All other terms of the Augusta, Georgia Solid Waste and Recyclables Collection Agreement shall remain in full force and effect. 5. This Agreement Amendment is not effective until fully executed by all Parties. 6. This Consent may be executed in two or more identical counterparts, which, when delivered, shall constitute one in the same instrument and shall be enforceable as if all Parties had executed a single document. To expedite the execution of this Consent, the Parties agree that this Consent may be signed by hand or by electronic means on the signature line of this document. The Parties agree that all such signatures shall be fully binding and that the counterpart signatures may be transmitted by mail, hand delivery, email and/or by any other electronic method to the other party or counsel of record for the party and will have the same binding effect as any original ink signature. It is further agreed that this Consent shall be fully effective when signed by all Parties hereto. [THIS SECTION INTENTIONALLY LEFT BLANK] Attachment number 1 \nPage 2 of 3 Item # 3 3 IN WITNESS WHEREOF, the Parties have executed this Agreement under seal as of the date first written above. Date: AUGUSTA, GEORGIA ___________________________________ Hardie Davis, Jr., Mayor Attest: ____________________________________ Lena J. Bonner, Clerk of Commission Date: INLAND WASTE SOLUTIONS As its: ________________________________ Attachment number 1 \nPage 3 of 3 Item # 3