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Indian River County Solid Waste Disposal District
<br />Solid Waste and Recyclables Franchise Agreement
<br />ARTICLE 25. CHANGES TO SERVICE
<br />25.1. Addition or Deletion of Recyclable Materials
<br />25.1.1. Should SWDD decide to add to or delete from the list of materials included in Program Recyclables, as
<br />provided in Exhibit 3, SWDD and Franchisee shall enter good faith negotiations to amend the Agreement to
<br />reflect such modifications, if any are necessary due to weight or volume changes that impact collection routes.
<br />At such time SWDD determines it is feasible to add or delete materials to the list of Program Recyclables,
<br />Franchisee shall be given sixty (60) Days' notice to adjust service accordingly.
<br />25.1.2. Should SWDD and Franchisee fail to reach an agreement regarding the Rate for the addition or deletion
<br />of materials to the list of Program Recyclables, SWDD retains the right to enter mediation as specified in the
<br />Agreement.
<br />ARTICLE 26. TERMINATION
<br />26.1. Failure to Maintain Performance Bond and Insurance.
<br />SWDD reserves the right to terminate this Agreement if Franchisee fails to obtain and maintain the Performance
<br />Bond as set forth in Article 24.1 and the insurance set forth in Article 27.
<br />26.2. Scrutinized Companies
<br />Franchisee is advised that section 287.135, Florida Statutes, prohibits agencies from contracting with companies
<br />for goods or services of One Million Dollars ($1,000,000.00) or more that are on either the Scrutinized Companies
<br />with Activities in the Sudan List and/or the Scrutinized Companies with Activities in the Iran Petroleum Energy
<br />List. Both lists are created pursuant to section 215.473, Florida Statutes. SWDD reserves the right to terminate
<br />this Agreement if the SWDD discovers that the Franchisee has submitted a false certification regarding the
<br />Scrutinized Companies with Activities in the Sudan List and/or the Scrutinized Companies with Activities in the
<br />Iran Petroleum Energy List, and/or if, during the term of the Agreement, the Franchisee has been placed on the
<br />Scrutinized Companies with Activities in the Sudan List and/or the Scrutinized Companies with Activities in the
<br />Iran Petroleum Energy List.
<br />Franchisee certifies that it and those related entities of Franchisee as defined by Florida law are not on the
<br />Scrutinized Companies that Boycott Israel List, created pursuant to Section. 215.4725 of the Florida Statutes,
<br />and are not engaged in a boycott of Israel. SWDD may terminate this Contract if Franchisee, including all wholly
<br />owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making
<br />profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a
<br />boycott of Israel as set forth in section 215.4725, Florida Statutes.
<br />26.3. Bankruptcy
<br />26.3.1. The 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 in bankruptcy,
<br />petitions or answers seeking an arrangement for its reorganization or readjustment of its indebtedness under
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<br />Failure to correct chronic equipment problems (chronic shall mean
<br />$500 per occurrence for
<br />three (3) instances of the same or similar problem with the same
<br />the V occurrence
<br />equipment/truck within a twelve (12) month period).
<br />$1,000 per occurrence
<br />thereafter
<br />Failure to correct personnel problems (chronic shall mean three (3)
<br />$500 per occurrence for
<br />instances of the same or similar problem with the same individual
<br />the 3rd occurrence
<br />within a twelve (12) month period).
<br />$1,000 per occurrence
<br />thereafter
<br />ARTICLE 25. CHANGES TO SERVICE
<br />25.1. Addition or Deletion of Recyclable Materials
<br />25.1.1. Should SWDD decide to add to or delete from the list of materials included in Program Recyclables, as
<br />provided in Exhibit 3, SWDD and Franchisee shall enter good faith negotiations to amend the Agreement to
<br />reflect such modifications, if any are necessary due to weight or volume changes that impact collection routes.
<br />At such time SWDD determines it is feasible to add or delete materials to the list of Program Recyclables,
<br />Franchisee shall be given sixty (60) Days' notice to adjust service accordingly.
<br />25.1.2. Should SWDD and Franchisee fail to reach an agreement regarding the Rate for the addition or deletion
<br />of materials to the list of Program Recyclables, SWDD retains the right to enter mediation as specified in the
<br />Agreement.
<br />ARTICLE 26. TERMINATION
<br />26.1. Failure to Maintain Performance Bond and Insurance.
<br />SWDD reserves the right to terminate this Agreement if Franchisee fails to obtain and maintain the Performance
<br />Bond as set forth in Article 24.1 and the insurance set forth in Article 27.
<br />26.2. Scrutinized Companies
<br />Franchisee is advised that section 287.135, Florida Statutes, prohibits agencies from contracting with companies
<br />for goods or services of One Million Dollars ($1,000,000.00) or more that are on either the Scrutinized Companies
<br />with Activities in the Sudan List and/or the Scrutinized Companies with Activities in the Iran Petroleum Energy
<br />List. Both lists are created pursuant to section 215.473, Florida Statutes. SWDD reserves the right to terminate
<br />this Agreement if the SWDD discovers that the Franchisee has submitted a false certification regarding the
<br />Scrutinized Companies with Activities in the Sudan List and/or the Scrutinized Companies with Activities in the
<br />Iran Petroleum Energy List, and/or if, during the term of the Agreement, the Franchisee has been placed on the
<br />Scrutinized Companies with Activities in the Sudan List and/or the Scrutinized Companies with Activities in the
<br />Iran Petroleum Energy List.
<br />Franchisee certifies that it and those related entities of Franchisee as defined by Florida law are not on the
<br />Scrutinized Companies that Boycott Israel List, created pursuant to Section. 215.4725 of the Florida Statutes,
<br />and are not engaged in a boycott of Israel. SWDD may terminate this Contract if Franchisee, including all wholly
<br />owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making
<br />profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a
<br />boycott of Israel as set forth in section 215.4725, Florida Statutes.
<br />26.3. Bankruptcy
<br />26.3.1. The 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 in bankruptcy,
<br />petitions or answers seeking an arrangement for its reorganization or readjustment of its indebtedness under
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