HomeMy WebLinkAbout2017 ModificationSECOND AMENDMENT TO FRANCHISE AGREEMENT
This Second Amendment to Franchise Agreement ("Amendment') is hereby
made and entered into this loth day of May , 2017, between CITY OF SEBASTIAN,
FLORIDA, ("City") and Waste Management Inc. of Florida, a Florida corporation, whose
address is 2700 Wiles Road, Pompano Beach, FL 33073 ("Franchisee").
WITNESSETH
WHEREAS, the City and Franchisee are parties to that certain Franchise
Agreement dated June 12, 2013, for the provision of solid waste services within the City
(the "Agreement"); and
WHEREAS, the City and Franchisee entered into that certain First Amendment to
franchise Agreement dated May 11, 2016; and
WHEREAS, the parties desire to amend Section 13.5 of the Agreement and to add a
provision for the supply by Contractor of recycling containers (carts and dumpster) for use at
City Hall and Barber Street Park; and
WHEREAS,the parties agree thatthe amendments are desirable and inthe best
interests of the City and its residents.
NOW, THEREFORE, inconsideration of the mutual promises and agreements
contained herein and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the City and the Franchisee agree as follows:
Section 13.5 is modified as follows:
13.5. Communitv and Special Event Cleanup. The Franchisee shall
perform one community cleanup within the Residential Solid Waste
Franchise Area each calendar year. The cleanup shall include electronics,
paper shredding and white goods. The time and location of the community
cleanup shall be selected by the Contract Manager after coordinating
with the Franchisee. The Franchisee shall provide appropriate
containers during each community cleanup at no cost to the City or to the
sponsor. During the community cleanup, the Franchisee shall collect only
Garbage, Trash, Yard Trash, and Bulk Trash. The Franchisee shall
transport these materials to the County Landfill for disposal at no cost to the
Franchisee.
2. Section 13.5.1 is deleted.
3. New Section 13.6.2 is added as follows:
Franchisee will provide up to fifty (50) blue 64-gallon Indian River County
recycling carts for use at City parks and at City Hall. City staff will distribute
and service the carts. Franchisee will provide a recycling dumpster at Barber
Street Park in which City staff will deposit recyclables from the recycling carts
at City parks. Franchisee will service the dumpster as part of a regular
commercial recycling route. Franchisee will service the carts at City Hall as
part of a regular recycling route. If additional City facilities require curbside
recycling cart service, the City will advise the Franchisee and it will provide
carts for the City to distribute. Such facilities will be added to a regular
recycling route.
4. Except as amended herein, the Agreement shall remain in full force and
effect as written.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year
above written.
Attest:
Bane W�
eanette Williams, MC
City Clr_rk
Witness Signature:
Print Name: eV) I -P tZ4q7UW
Witness Signature":`
Print Name: eiG 6p-7_ 1.4671145
STATE OF FLORIDA
COUNTY OF 33r'owaral
CITY OF SEBASSTTIIAN7��
By: �4" �v/'Yi it 1
Bob McPartlan, Mayor
Date: May 10, 2017
FRANCHISEE:
WASTE MANAGEMENT INC. OF FLORIDA
By
Name and Title: TIMOTHY S. HAVI/1(INS, PR:S.
(AFFIX CORPORATE SEAL)
The foregoing instrument was acknowledged before me this ) day of 3,-11C , 2017 by
TIMOTHY B.HAWVJNS,PR6ik as of WASTE MANAGEMENT INC. OF
FLORIDA., a Florida corporation, on behalf of same. He/she is personally known to me or has
produced as identification. -
(NOTARY SEAL)
a%"%' .• COLEEN T. HOULIHAN
-Is 'I .
_. MY COMMISSION # GG017816
EXPIRES August 02. 2020 bw
NOTARY SIGNATURE:
PRINTED NOTARY SIGNATURE
Notary Public, State of
Commission Number: GG017$ I C
My Commission Expires: $ I a I a to
M0F
SEBASTIAN
HOME OF PELICAN ISLAND
OFFICE OF THE CITY MANAGER
1225 MAIN STREET — SEBASTIAN, FL 32958
PHONE 772-388-8200 —FAX 772-581-0149
ieriffintticitvofsebastian.ore _ www.citvofsebastian.ore
11 May 2017
Dina Reider-Hicks
Public Affairs Manager
Waste Management Inc. of Florida
7382 Talona Drive
West Melbourne, FL 32904
Dina:
Thank you for attending the Sebastian City Council meeting on Wednesday, 10 May
2017. Your attendance, along with Mr. DeLaCruz, and your testimony to the Council
spoke volumes of Waste Management's covenant with the City of Sebastian.
The actions taken by Council last night include:
1. Approval of the `Automatic Renewal' of the Franchise Agreement between
the City of Sebastian and Waste Management, Inc. of Florida. The
Agreement is renewed for an additional term ending on 30 June 2023.
2. Approval of the 2"d Amendment to the Franchise Agreement. That document
is enclosed. Please return the fully executed `original' to my office.
Your testimony to Council also included Waste Management's commitment to
Commercial Recycling in the City of Sebastian as you expand that effort throughout
Indian River County. If convenient, please provide me with appropriate `mailers' that I
may load to the City's website, and City of Sebastian TV, to facilitate that program.
Especially gratifying was your commitment to investigate additional solar compactors for
the City of Sebastian. Always remember, it is a pleasure working with the Waste
Management Team. I appreciate your commitment to the City of Sebastian.
With personal regards;
Joe Griffin
City Manager