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2024-161
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Last modified
8/2/2024 11:47:35 AM
Creation date
8/2/2024 11:44:37 AM
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
07/02/2024
Control Number
2024-161
Agenda Item Number
15.B.6.
Entity Name
Waste Management, Inc. of Florida
Subject
Solid Waste and Recyclables Collection Franchise Agreement with SWDD
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Indian River County Solid Waste Disposal District <br />Solid Waste and Recyclables Franchise Agreement <br />the federal bankruptcy laws or under any other law or statute of the United States, or any state thereof, or <br />consents to the appointment of a receiver, trustee, or liquidator of all or substantially all of its property. <br />26.3.2. The SWDD reserves the right to terminate this Agreement if by order or decree of a court, the <br />Franchisee shall be adjudged bankrupt, or an order shall be made approving a petition filed by any of its creditors <br />or by any of the Stockholders of the Franchisee seeking its reorganization or the readjustment of its <br />indebtedness under federal bankruptcy laws or under any law or statute of the United States or of any state <br />thereof; provided that, if any such judgment or order is stayed or vacated within sixty (60) days after the entry <br />thereof, any notice of cancellation shall be and will become null, void, and of no effect. <br />26.3.3. The SWDD reserves the right to terminate this Agreement if by or pursuant to or under authority of any <br />legislative act, resolution, or rule, or any order or decree of any court or governmental board, agency, or officer <br />having jurisdiction, a receiver, trustee, or liquidator shall take possession or control of all or substantially all of <br />the property of the Franchisee, and such possession of control shall continue in effect for a period of sixty (60) <br />days. <br />26.4. Default <br />SWDD may terminate this Agreement by written notice of default to the Franchisee if Franchisee fails to perform <br />or observe any of the terms and conditions of this Agreement for a period of thirty (30) days after receipt of <br />notice of such default. Should Franchisee make good faith effort to cure any notified failure that exceeds the <br />thirty (30) day period, SWDD shall retain the right to make final determination on the termination for default. <br />Franchisee may terminate this Agreement by written notice of a default to SWDD only upon SWDD's material <br />breach of a non-payment due under this Agreement. A material breach shall not include allowed deduction for <br />Administrative Charges and shall not include any allowable timeframe per the Florida Prompt Payment Act. <br />Should SWDD make a good faith effort to cure any notified breach that exceeds the thirty (30) day period, <br />Franchisee shall retain the right to make final determination on the termination for default. <br />ARTICLE 27. INSURANCE <br />Franchisee shall not commence work until all the insurance required under this section has been obtained, and <br />until such insurance has been approved by the SWDD. Firm's insurance shall be primary. The County shall be <br />named as an additional insured for both General Liability and Automobile Liability. The awarded firm shall <br />maintain the following limits of insurance during the term duration of this agreement. <br />Workers' Compensation as required by the State of Florida <br />• Each accident $100,000 <br />• Each Disease — each employee $100,000 <br />• Each Disease — policy limit $500,000 <br />General Liability <br />• Each Occurrence $1,000,000 <br />• Fire Damage -any one fire $50,000 <br />• Medical Expenses -any one person $5,000 <br />• Personal and Advertising Injury $500,000 <br />• General Aggregate $3,000,000 <br />• Combined Single Limit $3,000,000 <br />Automobile Liability — Combined Single Limit $1,000,000 <br />Professional Liability Insurance <br />• $1,000,000 per occurrence <br />• $2,000,000 aggregate combined single limit <br />• $5,000 maximum deductible per claim <br />42 <br />
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