2024-161 - Laserfiche WebLink

Home Browse Search

Indian River County Solid Waste Disposal District Solid Waste and Recyclables Franchise Agreement The policy shall cover the firm, all employees, and/or volunteers, and all independent contractors, subcontractors and professional contractual persons hired or retained by contractor. All above insurance policies shall be placed with insurers with a Best's rating of no less than A -VII. The insurer chosen shall also be licensed to do business in Florida. The insurance policies procured shall be "Occurrence" policies or as generally available on the open insurance market. The Insurance Carriers shall supply Certificates of Insurance evidencing such coverage to the Indian River County Risk Management Department prior to the execution of this Agreement. The insurance companies selected shall send written verification to the Indian River County Risk Management Department that they will provide 30 Days written notice to the Indian River County Department of Risk Management of its intent to cancel or terminate. ARTICLE 28. OTHER TERMS AND CONDITIONS 28.1. Piggyback Clause Franchisee shall allow other Municipalities located within the Recycling Franchise Area to obtain the same solid waste residential collection services and commercial collection services at the same terms and conditions as this agreement. Franchisee may negotiate separate agreements with Municipalities located within or outside the Recycling Franchise Area for solid waste collection services that diverge from the terms and conditions in this agreement. The SWDD is not a party to any agreement or dispute between Franchisee and any other Municipality. 28.2. Partnership Opportunities Franchisee shall enter good faith negotiations with County for partnership opportunities that arise during the term of the contract. This may include, but is not limited to, utilizing a County Landfill Gas to Renewable Natural Gas (RNG) Public -Private fueling facility located near the Indian River County Solid Waste Disposal District Facility for refueling fleet. 28.3. Indemnification The Franchisee shall defend, indemnify and hold harmless the County and its commissioners, officers, employees and agents, from any and all losses, damages, expenses (including reasonable attorney's fees) and other liabilities of any type whatsoever, arising out of or relating to any negligence, intentional tort, breach of contract, or breach of Applicable Law by the Franchisee, or its employees, agents, subcontractors, or other persons or entities performing work under this Agreement. Franchisee's duty to indemnify shall not extend to acts, neglect, errors, omissions, or defaults caused by County employees or agents. This section shall survive the termination or expiration of this Agreement. 28.4. Assignment No assignment of this Agreement or any right occurring hereunder shall be made in whole or in part by Franchisee without the express written consent of the SWDD. In the event of any assignment, assignee shall assume the liability of Franchisee. 28.5. Severability If any Article, sub article, sentence, clause or provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected. 28.6. Compliance with Laws and Regulations Franchisee agrees that they will comply with all Federal, State, and Applicable Law, including OSHA, EPA, and any other requirements that may apply, to the production, sale, and delivery of the goods or the furnishing of any labor or services called for by this Agreement, and any provisions required thereby to be included herein shall be deemed to be incorporated herein by reference. Noncompliance may be considered grounds for termination of this Agreement. 43