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2015-084
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2015-084
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Last modified
8/25/2017 3:01:19 PM
Creation date
2/15/2016 4:14:03 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
04/21/2015
Control Number
2015-084
Agenda Item Number
15.B.1.
Entity Name
Waste Management Inc. of Florida
Subject
Solid Waste and Recyclables Collection Franchise Agreement
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Failure to leave a non -collection notice for customer explaining why <br />material was not collected. (Article 6.4) <br />$50 per occurrence <br />ARTICLE 19. TERMINATION <br />19.1. Failure to Maintain Performance Bond and Insurance. <br />SWDD reserves the right to terminate this Agreement if Franchisee fails to obtain and maintain the <br />Performance Bond as set forth in Article 18 and the insurance set forth in Article 20. <br />19.2. Scrutinized Companies <br />Franchisee is advised that section 287.135, Florida Statutes, prohibits agencies from contracting with <br />companies for goods or services of One Million Dollars ($1,000,000.00) or more that are on either the <br />Scrutinized Companies with Activities in the Sudan List and/or the Scrutinized Companies with Activities in <br />the Iran Petroleum Energy List. Both lists are created pursuant to section 215.473, Florida Statutes. SWDD <br />reserves the right to terminate this Agreement if SWDD discovers that Franchisee has submitted a false <br />certification regarding the Scrutinized Companies with Activities in the Sudan List and/or the Scrutinized <br />Companies with Activities in the Iran Petroleum Energy List, and/or if, during the term of the Agreement, <br />Franchisee has been placed on the Scrutinized Companies with Activities in the Sudan List and/or the <br />Scrutinized Companies with Activities in the Iran Petroleum Energy List. <br />19.3. Bankruptcy <br />19.3.1. SWDD reserves the right to terminate this Agreement if Franchisee takes the benefit of insolvency <br />statute, or shall make a general assignment for the benefit of creditors, files a voluntary petition <br />in bankruptcy, petitions or answers seeking an arrangement for its reorganization or readjustment <br />of its indebtedness under the federal bankruptcy laws or under any other law or statute of the <br />United States, or any state thereof, or consents to the appointment of a receiver, trustee, or <br />liquidator of all or substantially all of its property. <br />19.3.2. SWDD reserves the right to terminate this Agreement if by order or decree of a court, Franchisee <br />shall be adjudged bankrupt, or an order shall be made approving a petition filed by any of its <br />creditors or by any of the Stockholders of Franchisee seeking its reorganization or the <br />readjustment of its indebtedness under federal bankruptcy laws or under any law or statute of the <br />United States or of any state thereof; provided that, if any such judgment or order is stayed or <br />vacated within sixty (60) Days after the entry thereof, any notice of cancellation shall be and <br />become null, void, and of no effect. <br />19.3.3. SWDD reserves the right to terminate this Agreement if by or pursuant to or under authority of <br />any legislative act, resolution, or rule, or any order or decree of any court or governmental board, <br />agency, or officer having jurisdiction, a receiver, trustee, or liquidator shall take possession or <br />control of all or substantially all of the property of Franchisee, and such possession of control shall <br />continue in effect for a period of sixty (60) Days. <br />19.4. Default <br />SWDD may terminate this Agreement by written notice of default to Franchisee if Franchisee fails to <br />perform or observe any of the terms and conditions of this Agreement for a period of thirty (30) days after <br />receipt of notice of such default. <br />ARTICLE 20. INSURANCE <br />Franchisee shall not commence work until all the insurance required under this section has been obtained, <br />and until such insurance has been approved by SWDD. Firm's insurance shall be primary. The County shall <br />be named as an additional insured for both General Liability and Automobile Liability. The awarded firm <br />shall maintain the following limits of insurance during the term duration of this agreement. <br />Workers' Compensation as required by the State of Florida <br />Page 28 <br />
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