HomeMy WebLinkAbout2011-01-24 11-064 ORDERItem No. !I)4
Date: 1-24-11
Item/subject: Order, Authorizing Execution of Amendment to Contract Between Gry of
Bangor and BBI Waste Management
Responsible Department legal
On lune 25, 2010 the Qty of Bangor and BBI Waste Industries entered into a contract
far refuse collection services. The contract had certain provision related to BBI Waste
Industries' purchase of fuel to perform under the contract. The contract could cause
potential conflicts with tax -related laws and regulations. This amendment will eliminate
that issue.
This Order will authorize the execution of the amendment.
Department Head
Lary.in- (m 9'^, i
City Manager
Associated Infornratlon: Order
Budget Approval:
Finance Director
Legal Approval:
iry salidtor
x Passage
_ Firat Reading page—of—
Refer ral
age_of_Referral
U ]G4
Aaeigyed to Councilor - GratHck Jaovary 26, 2011
CITY OF BANGOR
(TME.) Order, Authorizing Execution of Amendment to Contract Between City of Bangor and
BBI Waste Industries
BY THE CITY COUNCIL OF THE CITY OF BANGOR, BE TT ORDERED, THAT:
WHEREAS, on June 25, 2010 the City of Bangor and BBI Waste Industries entered into a
contract for refuse collection services; and
WHEREAS, the contract had certain provision related to BBI Waste Industries' purchase of fuel
to perform under the contract; and
WHEREAS, in order to avoid any potential conflict with tax -related laws and regulations, it is in
the Interest of both parties to amend the contract with regard to the provision
regarding the purchase of fuel.
NOW, THEREFORE, BE IT ORDERED, THAT the City Manager, on behalf of the City of
Bangor, is hereby authorized to execute an amendment to the contract dated June 25, 2010
between the City of Bangor and BBI Waste Industnes. Said amendment shall be substantially
the same for as attached hereto and in a final form as approved by the City Solicitor or Assistant
City Solicitor.
Itl CIw MENCIL # ll �fi4
lanau� 26. 2011
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Moti Made and Seconded for Passage
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(Tiai,&1 e�enorlria 6recutina a[
CITY CIERK gnt to contract Hetveen City of
Censer ana MEI Waste Industries
I U64
AMENDMENT TO CONTRACT AGREEMENT
THIS AMENDMENT TO CONTRACT AGREEMENT is entered into on this
day of 20_, by and between the City of Bangor (hereinafter called the
"CITY', and BBI Waste Industries, (hereunder called the "CONTRACTOR").
WITNESSETH:
WHEREAS, tet CITY and the CONTRACTOR entered into a Contrast Agreement on
the 25h day of June, 2010 for refuse collection services as set forth in that Contract Agreement;
and
WHEREAS, in order to avoid any potential conflict with tax -related laws and
regulations, the CITY and the CONTRACTOR mutually wish to amend that Contract
Agreement;
NOW, THEREFORE, in consideration of the mutual coverants hereinafter set forth and
other good and valuable consideration, the patties hereto agree as follows:
The fourth paragmph of Article 10 of the Contract Agreement is hereby deleted and
replaced with the following:
If the 7,000 gallons provided by the CITY is less than the fuel needed to complete the
CONTRACT, the CONTRACTOR will purchase from a fuel retailer, at their own
expense, the necessary fuel needed to complete the CONTRACT. In the event that fuel
prices at the retail pump exceed $4.00 per gallon, the CITY agrees to pay me
CONTRACTOR a CONTRACT adjustment equal to the amount per gallon above $4.00
times the number of gallons purchased. The CONTRACTOR shall provide the CITY
receipts of fuel purchased indicating me number of gallons purchased and the cost per
gallon. Under no circumstances shall the total of the amount of fuel provided by the
CITY alas me ammmtof fivl m:Mbae.d Is, the CONTRgCTrm .4_tc ,tie
CONTRACT adjustment exceed Ute amount of fuel used by the CONTRACTOR in the
performance ofthis CONTRACT.
All offer terms and conditions of the Contract Agreement shall remain in full force and
effect.
I' 064
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to Contract
Agreement to be executed on the day a year first above written.
Witness: City of Bangor (CITY)
Deborah A. Cyr, Finance Director
Witness: BBI Waste Industries (CONTRACTOR)
Arthur St. Hilaire, President