HomeMy WebLinkAbout2024-327FIRST 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")
THIS 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) ("First Amendment") is entered into as of the 17th
day of December 2024 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 July 2, 2024, 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")
(collectively referred to as the "Agreement"); and
WHEREAS, SWDD and Franchisee desire to amend the Agreement to provide clarifications and
to accept certain negotiations that enhance the Agreement and provide a reduction in certain fees to our
residential, multi -family and commercial customers,
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 definition of Bulk Trash is removed in its entirety and replaced with the
following:
Bulk Trash shall mean any non -vegetative item that cannot be containerized,
bagged, or bundled, or whose large size or weight precludes its handling,
processing, or disposal by normal methods. Bulk Trash shall include, but not be
limited to, furniture, white goods (appliances such as stove, washer, dryer, fridge,
etc.), grills, lawn equipment, furnaces, bicycles, and vehicular tires up to 25" inches
diameter which may be on or off the rim. The following items are excluded:
carpet/rugs, motor vehicles or similar property not having a useful purpose to the
owner or abandoned by the owner and not included within the definition of solid
waste. Definition does not include Hazardous Waste or Construction and
Demolition debris.
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b. The definition of Roll Cart is removed in its entirety and replaced with the
following:
Roll Cart shall mean a wheeled container designed and intended to be used for
automated collection service and meeting specifications provided in Exhibit 5. All
references to the size of the roll carts shall be in the standard size nomenclature of
35 -gallon, 65 -gallon and 95 -gallon roll carts.
3. Article 3.2.3. Amended. The following sentence replaces Article 3.2.3. in its
entirety:
3.2.3. Residential Customers may self -haul Solid Waste, Recyclable Materials,
and/or Yard Waste to a permitted or appropriate disposal or processing
facilities if they choose. Residential and Commercial Customers may
also utilize a private hauler for the removal of Yard Waste, Bulk Waste
or White Goods from a person's premises or place of business that must
also include the transportation of the material from the site of generation
to a Designated Facility. In either instance, the Universal Collection fees
that are collected for the franchise services shall not be adjusted or
reduced for the self -hauling or private hauler activity.
4. Article 6.3.6. Amended. The following sentence replaces Article 6.3.6. in its
entirety:
6.3.6. For Multi -Family Units receiving Commercial Collection Service, recycling
collection containers shall be placed at locations that are mutually acceptable to
Franchisee and customer. Franchisee shall provide 95 -gallon Recycling Roll
Carts, dumpsters, or roll -offs, as needed and appropriate.
5. Article 12.1.8. & 12.1.9 Amended. The following sentences replace Article
12.1.8. and 12.1.9 in its entirety:
12.1.8. For all existing Commercial Customers that utilize manual locks prior to August
1, 2025, Franchisee shall confirm in advance of delivery if the Commercial
Customer agrees to a replacement gravity lock on Commercial Containers. If a
gravity lock is utilized, Commercial Customers shall be provided with keys for
proper use of the Commercial Containers to prevent unauthorized use. The
gravity lock for these existing Commercial Customers will be provided at no
charge with the initial delivery effective October 1, 2025. For Commercial
Customers requesting a gravity lock to be installed after August 1, 2025, the
Franchisee shall charge the Commercial Customer an installation charge of
$175.00. If a Commercial Customer or Multi -Family Customer requires use of a
manual lock on the Commercial Container, then Franchisee shall implement the
Supplemental Charge as per Exhibit 1.
12.1.9. Franchisee is authorized to implement the Community, Litter, Environmental Protection,
Awareness and Notice (CLEAN) program as follows:
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The CLEAN program is a proactive program that acts against overflowing
containers in the commercial areas of Unincorporated Indian River County and the
Town of Indian River Shores to promote health, safety, and cleanliness in the
community.
a. Thirty (30) days prior to the commencement of the CLEAN program,
October 1, 2025, Franchisee shall provide documentation to all
Commercial Customers and Multi -Family locations that are using
commercial containers with the intent of the C.L.E.A.N. program whose
purpose is to minimize or reduce the overflow of materials outside of the
Commercial Container(s). This effort shall be documented and provided
upon request by the Contract Manager.
b. In the event Franchisee determines a Customer's Container is overfilled
with waste and or recyclables during a collection event, Franchisee shall
take a digital photograph of the overfilled container in such a manner to
present evidence of such Overfilling. For purposes of this section,
overfilling is defined as a container overloaded such that the lid does not
close securely and is displaced by at least ten (10) inches). Franchisee shall
provide to the Customer, notice of such Overfilling on the Customers next
invoice for each event of Overfilling and perform the following
procedures:
1. Provide the Customer with an opportunity for a one-time
complimentary audit to be performed by the Franchisee to correct the
Overfilling incident in the future and waive the Overfilling charges
for the first incident.
2. On the subsequent Overfilling incident, the Franchisee shall provide
the customer the following four options:
a) Charge the customer the amount of two hundred dollars ($200)
per container. Overfilling charges shall not exceed eight
hundred dollars ($800) per month, per Customer; or
b) Either Right -sizing their container (e.g., upgrading from a 2 -
yard to a 4 -yard container) to avoid the Overfilling Charge; or
c) Increasing the frequency of service (e.g., changing from once
a week to twice a week) to avoid the Overfilling Charge; or
d) Purchase a Gravity Lock for $175 (one-time fee) (No Overage
Charge). It is the Customer's responsibility to utilize the
Gravity Lock to prevent future overfilling incidents otherwise
additional Overfilling Charges will apply.
c. The CLEAN program shall commence at the start of the franchise
agreement, October 1, 2025, for all Multi -Family locations that are using
commercial containers based on the new reduced Multi -Family
Supplemental Fees in Exhibit 1.
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d. The CLEAN program shall commence at the start of the franchise
agreement, October 1, 2025, for all Commercial Customers as a 12 -month
pilot based on the new reduced Commercial Supplemental Fees in Exhibit
1. The Contract Manager shall notify Franchisee 30 days prior to the
conclusion of the pilot that the CLEAN program shall continue or be
terminated. If the CLEAN program is terminated, then the original
Commercial Supplemental Fees in Exhibit l shall apply.
6. Article 12.2.1. Amended. The following sentence replaces Article 12.2.1 in its
entirety:
12.2.1. Prior to the Commencement Date and in accordance with the transition plan
specified in Article 5.1, Franchisee shall provide Solid Waste and Yard Waste
Roll Carts for all Residential Customers within the Solid Waste Franchise Area,
Recycling Roll Carts for all Residential and Multi -Family Units within the
Recycling Franchise Area. Roll Carts must meet the technical specifications
provided in Exhibit 5. SWDD reserves the right, at its sole discretion, to
designate the number, size, and/or frequency of collection of Roll Carts provided
to Multi -Family Units.
a. An exception is being allowed for the purchase, delivery and weekly
service of Yard Waste Roll Carts for specific designated communities
within the Town of Indian Rivers Shores that do not allow curbside yard
waste collection. The Contract Manager shall provide written authorization
with the list of communities by January 31, 2025, with assurance that the
Franchisee shall continue to receive the full compensation for the monthly
services to these communities. The Franchisee shall make a good faith
effort to assist the Town of Indian River Shores with community related
programs to enhance recycling.
b. An exception is being allowed for the purchase, delivery and weekly
service of Solid Waste, Recycling and Yard Waste Roll Carts for the Blue
Cypress Fishing Club Neighborhood located at 73`d Place, 73`d Lane and
73`d Manor in lieu of providing the existing weekly services for Solid
Waste, Recycling, Yard Waste and Bulk Waste services through
Commercial Container Services or Claw -Truck Services at the entrance of
the Middleton's Fish Camp Park located at 7400 Blue Cypress Lake Rd.,
Vero Beach, FL32966. The Contract Manager shall provide written
authorization with the list of properties by January 31, 2025, with
assurance that the Franchisee shall continue to receive the full
compensation for the monthly services to these communities.
7. Article 12.2.5. Amended. The following sentence replaces Article 12.2.5 in its
entirety:
12.2.5. If a customer generates large quantities of Solid Waste and Yard Waste, the
customer may request an additional Roll Cart to accommodate the extra
materials. The Franchisee may charge a one-time fee at the rate defined per
additional Roll Cart delivered. The Franchisee shall offer a 9 -month grace
period for existing Solid Waste subscription customers that purchase a 2nd cart
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between January 1, 2025, and September 30, 2025, and waive the 2"d cart fee
should they continue to keep the 2"d cart and agree to the monthly Residential
Supplemental Collection fee at the start of the new franchise period. The
maximum number of combined Solid Waste and Yard Waste Roll Carts per
customer shall not exceed four (4).
8. Exhibit 4- Calculation of Rate Adjustment. Any references to a fuel price adjustment are
deleted in their entirety with all other provisions standing.
9. Exhibit 1 - Collection Service Rates. Amended. Upon approval of this
Amendment, Exhibit 1 will be updated to reflect the following changes:
SUPPLEMENTAL CHARGES - RESIDENTIAL (Curbside)
Service
Unit
Original
Revised
Each additional Roll Cart
Fee per cart and distribution
$100.00
No Change
Collection of additional Roll Cart
Fee per month
$15.00
$10.00
Improperly prepared Solid Waste
Fee per cy
$35.00
$25.00
Improperly prepared Yard Waste
Fee per cy
$35.00
$25.00
Excessive Yard Waste
Fee per cy
$35.00
$25.00
Excessive Bulk Trash
Fee per cy
$35.00
$25.00
Cart Cleaning Services
Fee per event
$150.00
No Change
SUPPLEMENTAL CHARGES - MULTI -FAMILY (Not -Curbside)
Service
Unit
Original
Revised
Recyclables: Cart or Container Roll Out and Return
Fee per month
$20.00
$10.00
Solid Waste: Container Roll Out and Return
Fee per month
$75.00
$40.00
Opening and closing doors or gates
Fee per event
$75.00
$40.00
Moving customer container (at request)
Fee per event
$150.00
No Change
Gravity Locks for containers (at request)
One-time fee
$175.00
No Change
Unlock & Locking Containers
Fee per event
$75.00
No Change
Cart Cleaning Services
Fee per event
$150.00
No Change
SUPPLEMENTAL CHARGES - COMMERCIAL
Service
Unit
Original Is)
Revised fib)
Solid Waste: Cart or Container Roll Out and Return
Fee per month
$75.00
$40.00
Opening and closing doors or gates
Fee per event
$75.00
$40.00
Moving customer container (at request)
Fee per event
$150.00
No Change
Gravity Locks for containers (at request)
One-time fee
$175.00
No Change
Unlock & Locking Containers
Fee per event
$75.00
No Change
Cart Cleaning Services
Fee per event
$150.00
No Change
a) No CLEAN program
b CLEAN program
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CLEAN PROGRAM
OVERFLOWING
UNIT
OVERAGE
CUSTOMER OPTIONS
INCIDENT
CHARGE
I ST Incident
Fee per
$0.00
Request a Solid Waste Audit
event
1) Pay Fine
2) Increase Frequency (No Overage Charge)
Additional
Fee per
$200.00*
3) Increase Size of Container (No Overage
Incidents
event
Charge)
4) Purchase a Gravity Lock for $175 (one-time
fee) (No Overage Charge)
* Maximum Fee of $800 per month,
per Customer.
10. All other provisions of the Agreement shall remain in full force and effect.
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:
Ryan L. Butler, Clerk of Court and Comptroller
By: �.
do
Deputy Clerk
DATE APPROVED BY SWDD:
APP OVED BY:
i
Z17, '�Z
ohn A. Titkanich, Jr., County Administrator
SIGNED, SEALED, AND DELIVERED IN
THE PRESENCE OF:
By:
Print Name: o% -_(n `l ot,/'Agn
By:
Print Name: D(,lQ f '�Q�/
Page 6 of 6
BY OWNER:
SOLID WASTE DISPOSAL DISTR SS/'0
INDIAN RIVER COUNTY, FLOA'
•:oft.
�.
seph E. Flesc er, Chalrrrt � . o
December 17, 2024
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY BY:
Assistant County Attorney
FRANCHISEE:
WASTE MANAGEMENT, INC. OF
FLORIDA
By:
Print Name: David M Myhan
Print Title: President