HomeMy WebLinkAboutAgreement_General_3/12/2020_Waste Management AMENDMENT NO. 1 TO SOLID WASTE AND RECYCLING COLLECTION
FRANCHISE AGREEMENT DATED ,?-IQ-• 080
THIS AMENDMENT NO. 1 to the Solid Waste and Recycling Collection Franchise
Agreement dated S e p t e in b e r 3 0,2017, is made this a day of.,AVj/%—, 2020
by and between the Village of Tequesta ("the Village") and WASTE MANAGEMENT
INC. OF FLORIDA ("WMIF" or "Waste Management").
WITNESSETH:
WHEREAS, the Franchise Agreement entered into between the Village and Waste
Management was executed on 3 a a a0d.0to 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. In 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
ofthis Section,overfilling is defined as the container being overloaded so
that the lid does not close securely and is displaced by at least t (1())
inches. The Conuactor shall wide to the customer notice of such
overfilling For each event of overfilling, the Contractor l charge the
customer$ 150.not to ex 50 per mnth,each mondt.Theoverfining
cha a shy be subject to Franchise Fees which smi be added to the
overfilling chwge. The Contractor shall take reasonable steps to se&to
increase the customers service level by providing a lager container or
increasing the quency ofservice.
4. Except as expressly modified in writingherein oras modified bysubsequent Witten
amendments, all other term-, and condi tions of the Agreement and any amendments thaeto
serve this Agreetnent and are deemed to be incorporated herein and are binding the
parties.
This Space Intentionally legit Blank
IN WITNESS WHEREOF, the parties have excaftd this Amendment of the Solid Waste
andRecycling Collection Franchise t on the day and year first heremabove
written.
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ATTEST: _Village ofTequesta, FLORIDA
1NGORPORATED .
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Village ClerkgjF FLO� �; X "tied"`
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WITNESSES : WASTE MANAGEMENT INC.
OF FLORIDA
By:
David Myhan, Vice President
(name printed or typed) (Corporate Seal)
(name printed or typed)
STATE OF FLORIDA
COUNTY OF PALM BEACH
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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ATTEST: Villa e of Te uesta, FLORIDA
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a t A INC�RPORP, h
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Village Clerk '>• ''p Fi.��" 3+ t [j :Ma
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Approved as t 1 form
and suffic'
Vi ge' Att ey
WITNESSES : J WASTE MANAGEMENT INC.
OF FLORI
By:
David Myhan, Vice Pre.. nt
q0 ALD M. KAPLAN,ASST.BEC.
(n a printed or typed) (Corporate Seal)
(name printed or typed)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me thiA day of�
' 2020 by t>ctvicA Aye , as PftSivlcn+ (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 identi ation) as identification.
�.
COLEEN T.HOULIHAN Notary Public,Stats of Florida
It MY COMMISSION*GG017816
NW, EXPIRES August 02,2020
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