2023-186 - Laserfiche WebLink

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3. The Interlocal Agreement, dated August 14, 2018 and the Memorandum of Understanding, dated August 14, 2018, shall automatically terminate upon commencement of the next SWDD Franchise Agreement. 4. The TOWN shall be bound by the procurement decision of SWDD for the award of the next Franchise Agreement, so that SWDD's franchise hauler would provide both the recycling and solid waste collection within the municipal limits of the TOWN in the same manner as is provided in the unincorporated areas of Indian River County. 5. As the TOWN will be bound by the SWDD award, as set forth in section 4 above, the TOWN shall be entitled to, but not required to have one representative, who is a staff member of the TOWN, as part of the selection committee designated by the County Administrator, that reviews the proposals submitted as part of the procurement process for determining the next solid waste and recycling hauler. 6. If SWDD determines that the payments for the solid waste and recycling hauling services in the unincorporated areas will be collected on the tax bill, the TOWN will be responsible for separately contracting with the Tax Collector and Property Appraiser for the collection of such assessments applied within the municipal limits of the TOWN. 7. SWDD will be solely responsible for the enforcement and administration of the next Franchise Agreement in the unincorporated areas of Indian River County and within the municipal limits of the TOWN and recycling hauling in all of Indian River County. This includes, but is not limited to, compliance with the Franchise Agreement, issuance of any administrative charges or liquidated damages are imposed on such hauler and monitoring of compliance with contractual terms. The initial term of the Franchise Agreement shall be 5 years with the right to renew the Franchise Agreement, at the sole option of SWDD, for an additional 3 years and a final right to renew, upon mutual consent of both SWDD and the selected Franchisee, for a final 2 year term. The SWDD, in its sole discretion, shall decide whether to renew the Franchise Agreement. The TOWN agrees to be bound by this decision. 9. In the event that the TOWN wishes to terminate its participation in this Interlocal Agreement and the Franchise Agreement, the TOWN shall abide by the termination provisions set forth in the Franchise Agreement. If the TOWN chooses any other method of termination of this Interlocal Agreement or the Franchise Agreement, the TOWN agrees to indemnify and defend protect and hold harmless SWDD in any resulting litigation that arises from the termination, including but not limited to attorney's fees, costs, penalties and any and all types of damages. 10. Any notice that may be extended by one party to the other pursuant to or as a result of this Agreement shall be extended by regular, first class, United States mail, postage prepaid or by hand delivery as follows: To the TOWN: Town Manager 6001 North AIA Indian River Shores, FL 32963 To the SWDD: County Administrator Solid Waste Disposal District 1801 27th Street Vero Beach, FL 32960