C5438 Amendment 2.pdf
PDF 98 KB Posted
- Solicitation number
- Town Project 25-15
- Issued by
- Fairfield County, Connecticut
About this file
This is Amendment No. 2 to a Service Agreement for Recycling Materials Management Services between the Town of Greenwich, Connecticut and City Carting, Inc., dated January 1, 2019. The amendment modifies the existing recycling materials management services contract originally executed on July 1, 2011, to address market conditions affecting the contractor's ability to continue service delivery. The amendment extends the current renewal term through June 30, 2021, unless earlier terminated per the original agreement terms. The amendment allows the contractor to continue providing Single Stream and Scrap Metal Recyclable Materials Management Services under the modified pricing structure outlined herein.
The amendment establishes that the Recyclable Materials Management Rebate Amount for any billing period during the extended term shall be $0.00 per ton, recognizing the current collapse of the market for recyclable materials as an uncontrollable circumstance under the original agreement's provisions. This pricing modification was implemented to enable the contractor to maintain service continuity while the recycling materials market remains depressed. The amendment was executed by Anthony Farina, Chief Operating Officer of City Carting, Incorporated, and represents a mutual agreement between the parties that the fee adjustment constitutes appropriate relief under the original contract's force majeure provisions.
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Text version
AMENDMENT NO. 2 TO CONTRACT NO. 5438
BETWEEN TOWN OF GREENWICH
AND CITY CARTING, INCORPORATED
This is AMENDMENT NO.2 OF THE SERVICE AGREEMENT FOR RECYCLING MATERIALS MANAGEMENT SERVICES dated as of 1 JANUARY 2019 (the "SECOND AMENDMENT") between the TOWN OF GREENWICH, CONNECTICUT (the "Town"), and CITY CARTING, INC., a corporation organized and existing under the laws of the State of Connecticut (the "Contractor").
WIT N E S S E T H:
WHEREAS, the Town and the Contractor entered into the SERVICE AGREEMENT FOR RECYCLING MATERIALS MANAGEMENT SERVICES dated as of July I , 2011 (the" ORIGINAL AGREEMENT"); and
WHEREAS, the Town and the Contractor agree that the current collapse of the market for Recyclable Materials constitutes an Uncontrollable Circumstance within the meaning of that tenn as stated in the ORIGINAL AGREEMENT; and
WHEREAS, the Town and the Contractor desire to amend the ORIGINAL AGREEMENT as set forth herein in accordance with Section 9.18 of the ORIGINAL AGREEMENT, but in no other respects, by this SECOND AMENDMENT; and
WHEREAS, the Town and the Contractor agree that this SECOND AMENDMENT will allow the Contractor to continue to provide the Recycling Materials Management Services as contemplated in the
ORIGINAL AGREEMENT.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Contractor agree as follows:
1. CAPITALIZED TERMS. All capitalized tenns used and not otherwise defined in this SECOND AMENDMENT shall have the respective meanings ascribed to them in the ORIGINAL
AGREEMENT.
2. SERVICE FEE. During the remainder of the present renewal tenn, which was duly authorized at the sole discretion of the Town by the tenns of the ORIGINAL AGREEMENT, will continue to 30 JUNE 2021, unless otherwise earlier tenninated in accordance the tenns of the ORIGINAL AGREEMENT, the Single Stream and Scrap Metal Recyclable Materials Management Rebate Amount for any Billing Period shall be an amount equal to $0.00 per ton.
IN WITNESS WHEREOF, the Parties have caused this SECOND AMENDMENT to be executed and delivered by their duly authorized officers or representatives as first above written.
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Witness .
n . ony Farina, Chief Operating Officer Carting, Incorporated
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