HomeMy WebLinkAboutDocumentation_Regular_Tab 06_3/12/2020Agenda Item #6.
Regular Council
STAFF MEMO
Meeting: Regular Council - Mar 12 2020
Staff Contact: Jeremy Allen, Village Manager Department: Manager
Approve Amendment No. 1 to Solid Waste and Recycling Collection and Franchise Agreement
between the Village of Tequesta and Waste Management Inc. of Florida to Provide Procedures for
Implementing a Program to Curb Overfilling, Spillage and Related Health Hazards from Overloaded
Commercial Containers
ATTACHMENTSMW
Amendment 1 Waste Management
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Agenda Item #6.
AMENDMENT NO. 1 TO SOLID WASTE AND RECYCLING COLLECTION
FRANCHISE AGREEMENT DATED
THIS AMENDMENT NO. 1 to the Solid Waste and Recycling Collection Franchise
Agreement dated September 30, 2017, is made this day of , 2020
by and between the Village of Tequesta ("the Village") and WASTE MANAGEMENT
INC. OF FLORIDA ("WMIF" or "Waste Management").
WITNES S ETH:
WHEREAS, the Franchise Agreement entered into between the Village and Waste
Management was executed on to remain in effect until September 30, 2025;
and
WHEREAS, the parties desire to amend the Agreement to provide procedures for
implementing a program to curb overfilling, spillage and related health hazards from
overloaded commercial containers.
NOW, THEREFORE, in consideration of the covenants contained herein and for
other good and valuable consideration, the receipt and sufficiency of which is
acknowledged, the parties agree as follows:
1. The recitations set forth above are incorporated herein.
2. All capitalized terms shall have the meanings set forth in the Agreement as
amended unless the context requires otherwise.
3. A New paragraph is added to Section 7 as follows:
Overfilling mechanical containers presents safety and health risks to the
residents of the Village. I n the event the Contractor determines during a
collection event that a Customer's mechanical container is overfilled with
waste or recyclables, the Contractor shall take a digital photograph of the
container in such a manner to present evidence of overfilling. For purposes
Oofthis Section, overfilling is defined as the containerbeing overloaded so
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Agenda Item #6.
that the lid does not close securely and is displaced by at least ten (10)
inches. The Contractor shall provide to the customer notice of such
overfilling. For each event of overfilling, the Contractor shall charge the
customer $ 150, not to exceed $450 per month, each month. The overfilling
charge shall be subject to Franchise Fees which shall be added to the
overfilling charge. The Contractor shall take reasonable steps to seek to
increase the customer's service level by providing a larger container or
increasing the frequency of service.
4. Except as expressly modified in writing herein or as modified by subsequent written
amendments, all other terms and conditions of the Agreement and any amendments thereto
survive this Agreement and are deemed to be incorporated herein and are binding on the
parties.
This Space Intentionally left Blank
IN WITNESS WHEREOF, the parties have executed this Amendment of the Solid Waste
and Recycling Collection Franchise Agreement on the day and year first hereinabove
written.
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Agenda Item #6.
ATTEST:
Village Clerk
Approved as to legal form
and sufficiency:
Village Attorney
WITNESSES:
(name printed or typed)
(name printed or typed)
STATE OF FLORIDA
COUNTY OF PALM BEACH
Village of Tequesta, FLORIDA
'Mayor
WASTE MANAGEMENT INC.
OF FLORIDA
By:
David Myhan, Vice President
(Corporate Seal)
The foregoing instrument was acknowledged before me this _ day of
, 2020 by , as (name of
officer or agent, title of officer or agent), of Waste Management Inc. of Florida, a
Florida corporation, on behalf of the corporation. He is personally known to me
or has produced (type of identification) as identification.
Notary Public, State of Florida
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Agenda Item #6.
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