HomeMy WebLinkAbout2022-136SECOND AMENDMENT AND RENEWAL TO SOLID WASTE AND
RECYCLABLES COLLECTION FRANCHISE AGREEMENT BETWEEN
INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ("SWDD")
AND WASTE MANAGEMENT INC. OF FLORIDA ("FRANCHISEE")
THIS SECOND AMENDMENT AND RENEWAL TO SOLID WASTE AND
RECYCLABLES COLLECTION FRANCHISE AGREEMENT BETWEEN INDIAN
RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ("SWDD") AND WASTE
MANAGEMENT INC. OF FLORIDA ("FRANCHISEE) ("Second Amendment") is
entered into as of the day of July, 2022 by and between the Indian River County Solid
Waste Disposal District, a dependent special district of INDIAN RIVER COUNTY
(hereinafter, "SWDD") and Waste Management Inc. of Florida, a Florida corporation
(hereinafter "Franchisee").
RECITALS
WHEREAS, on April 21, 2015, SWDD and Franchisee entered into the Solid Waste and
Recyclables Collection Franchise Agreement Between Indian River County Solid Waste
Disposal District ("SWDD") and Waste Management Inc. of Florida ("Franchisee") as
amended by the First Amendment to Solid Waste and Recyclables Collection Franchise
Agreement Between Indian River County Solid Waste Disposal District ("SWDD") and Waste
Management Inc. of Florida ("Franchisee"), dated October 4, 2016 (collectively referred to as
the "Agreement"); and
WHEREAS, the initial term of the Agreement is for a period of seven (7) years
terminating on September 30, 2022 and SWDD has duly notified the Franchisee the intent to
renew the Agreement for one (1) additional term of three (3) years under the same terms and
conditions as the initial term; and
WHEREAS, SWDD and Franchisee desire to amend Article 3.1.c. to remove C&D
collection in containers fifteen cubic yards and greater from the exclusivity requirements of
the Agreement and any associated provisions of the Agreement pertaining to such services,
NOW THEREFORE, in consideration of the mutual undertaking herein and other good
and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the
parties agree, as follows:
1. Recitals. The above recitals are true and correct and are incorporated herein.
2. Article 1. Definitions Amended.
a. The last sentence in the definition of Commercial Collection Service is removed
in its entirety:
Commercial Collection Service includes collection of C&D in containers fifteen
cubic yards and greater (>15CY) in size.
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b. The following new definitions are added:
Construction and demolition debris commercial container means a commercial
container that is used to store, transport, and dispose construction and
demolition debris in any size capacity.
Roll -Off Container(s) means any non -Compactor storage and Collection
equipment or device that has an open top with a capacity of more than eight (8)
cubic yards, which is normally loaded onto a motor vehicle and transported to a
disposal facility for dumping.
3. Article 2. Term Amended.
a. Article 2.3 is stricken in its entirety and replaced as follows:
2.3. Renewal Term
The Agreement is renewed for a period of three (3) years beginning on October
1, 2022, and terminating on September 30, 2025.
4. Article 3.1. Amended. The following sentence in Article 3.1.e. is removed in its
entirety:
c. C&D collection in containers fifteen cubic yards and greater (>15 CY) in size
in the Solid Waste Franchise Area.
5. Article 3.2 Non -Exclusive Services Amended. The following sentence replaces
Article 3.2.1 in its entirety:
3.2.1. Franchisee is herein granted the non-exclusive right to collect C&D in any
size construction and demolition debris commercial container.
6. Article 10.1.4 Amended. The following sentence replaces Article 10.1.4 in its
entirety:
10.1.4. Solid Waste collected from Commercial Customers in the Solid Waste
Franchise Area pursuant to this Agreement, may be disposed of at no
additional cost to Franchisee.
7. Article 10.1.5 Amended. The following sentence replaces Article 10.1.5 in its
entirety:
10.1.5. Franchisee shall pay the applicable fees at the Designated Facility for the
disposal of C&D collected in construction and demolition debris commercial
containers, or any loads where C&D is mixed with other types of Solid
Waste, and all other Solid Waste collected outside the terms of this
Agreement and is responsible for invoicing and collecting payment for such
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disposal costs.
8. Article 12.2.2. Amended. The following last bullet in Article 12.2.2.d is
removed in its entirety:
• C&D collection service of containers less than fifteen cubic yards (<15CY) in
size
9. Article 16.1.1.2 Amended. The following sentence replaces Article 16.1.1.2 in its
entirety:
16.1.1.2. The rates for Commercial Collection Service set forth in this Agreement
include the Franchisee Fee. Pursuant to Article 10.1.5, disposal fees for
C&D or C&D mixed with Solid Waste delivered in roll -off containers are to
be paid by the Franchisee based on actual tonnage and the applicable fees at
the Designated Facility and passed onto the customer by the Franchisee.
10. Article 16.2.4. Non -Exclusive C&D Collection Service Amended. The following
sentence replaces Article 16.2.4 in its entirety:
16.2.4. Billing of C&D collection service in construction and demolition
debris commercial containers shall be the sole responsibility of
Franchisee.
11. Article 19.2. Scrutinized Companies Amended.
a. Article 19.2 is stricken in its entirety and replaced as follows:
Article 19.2 Scrutinized Companies
19.2.1. TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR
certifies that it and those related entities of CONTRACTOR as defined
by Florida law are not on the Scrutinized Companies that Boycott
Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and
are not engaged in a boycott of Israel. In addition, if this agreement is
for goods or services of one million dollars or more, CONTRACTOR
certifies that it and those related entities of CONTRACTOR as defined
by Florida law are not on the Scrutinized Companies with Activities
in Sudan List or the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, created pursuant to Section 215.473 of
the Florida Statutes and are not engaged in business operations in
Cuba or Syria.
19.2.2. OWNER may terminate this Contract if CONTRACTOR is found to
have submitted a false certification as provided under section
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287.135(5), Florida Statutes, been placed on the Scrutinized
Companies with Activities in Sudan List or the Scrutinized Companies
with Activities in the Iran Petroleum Energy Sector List, or been
engaged in business operations in Cuba or Syria, as defined by section
287.135, Florida Statutes.
19.2.3. OWNER may terminate this Contract if CONTRACTOR, including all
wholly owned subsidiaries, majority-owned subsidiaries, and parent
companies that exist for the purpose of making profit, is found to have
been placed on the Scrutinized Companies that Boycott Israel List or
is engaged in a boycott of Israel as set forth in section 215.4725,
Florida Statutes.
12. Article 21.12. Public Access Amended. Article 21.12 Public Access is stricken
in its entirety and replaced as follows:
21.12 Public Record Compliance
A. Indian River County is a public agency subject to Chapter 119, Florida Statutes.
The Contractor shall comply with Florida's Public Records Law. Specifically,
the Contractor shall:
(1) Keep and maintain public records required by the County to perform the
service.
(2) Upon request from the County's Custodian of Public Records, provide the
County with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed
the cost provided in Chapter 119 or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized
by law for the duration of the contract term and following completion of the
contract if the contractor does not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public
records in possession of the Contractor or keep and maintain public records
required by the County to perform the service. If the Contractor transfers all
public records to the County upon completion of the contract, the Contractor
shall destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If the contractor keeps
and maintains public records upon completion of the contract, the Contractor
shall meet all applicable requirements for retaining public records. All
records stored electronically must be provided to the County, upon request
fr m the Custodian of Public Records, in a format that is compatible with
th� information technology systems of the County.
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B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT:
(772) 226-1424
PublicrecordsAirci!ov.com
Indian River County Office of the County Attorney
1801 27' Street
Vero Beach, FL 32960
C. Failure of the Contractor to comply with these requirements shall be a
material breach of this Agreement.
13. Article 21.18 — E -Verify. A new article 21.18 is inserted into the
Agreement:
Contractor is registered with and will use the Department of Homeland
Security's E -Verify system (www.e-verify.gov) to confirm the employment
eligibility of all newly hired employees for the duration of this agreement, as
required by Section 448.095, F.S. Contractor is also responsible for obtaining
proof of E -Verify registration and utilization for all subcontractors.
14. Exhibit 1 — Collection Service Rates. Upon approval of this Amendment,
Exhibit 1 will be updated to remove the rates for Open Top Roll -Off services.
15. All other provisions of the Agreement shall remain in full force and effect.
The rest of this page is left intentionally blank.
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IN WITNESS WHEREOF, the parties have caused this Second Amendment to be
executed by their respective duly authorized officers as of the day and year first written
above.
ATTEST:
Jeffrey R. Smith, Clerk of Court and
Co mpt ller
By.
Deputy Clerk
DATE APPROVED BY SWDD:
APPROVED BY:
SIGNED, SEALED, AND DELIVERED IN
THE PRESENCE OF:
By:
Print Name:
H H
T
iI
Print Name
Page
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MICZT A i0n5o
BY OWNER:
SOLID WASTE DISPOSAL DISTRICT
INDIAN RIVER COUNTY, FLORIDA
Peter D. O'Bryan,
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY BY:
Dylan T. Reingold, County Attorney
BY FRANCHISEE:
WASTE MANAGEMENT, INC. OF
FLORIDA
By.
Print Name: M,
Print Title:
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