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WM 07 5th Amendment through 2022FIFTH AMENDMENT TO FRANCHISE AGREEMENT THIS FIFTH AMENDMENT TO FRANCHISE AGREEMENT is made this 19th day of September, 2017, by and between the CITY OF OKEECHOBEE, FLORIDA, a municipal corporation ( "City ") and WASTE MANAGEMENT INC. OF FLORIDA, successor by merger to L.P. Sanitation, Inc., ( "Contractor "). WITNESSETH WHEREAS, the City and Contractor are parties to that certain Franchise Agreement dated July 7, 1987, which provides for solid waste collection services with the City boundaries (the "Franchise Agreement "); and WHEREAS, the Franchise Agreement has been previously extended and modified; and WHEREAS, the parties desire to extend the term and make additional modifications to the Franchise Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1 Term of Franchise. Section 2 of the Franchise Agreement as amended, is deleted and replaced with the following: "Subject to the termination rights of the City, this franchise shall remain in full force and effect until September 30, 2022; provided furthermore, this Franchise may be, but not automatically be renewed for consecutive five (5) year periods upon the same terms, conditions and limitations imposed hereby, Contractor shall give notice to the City of an intent to extend this Franchise Agreement at the end of the term, which notice shall be delivered to the City by Certified Mail, Return Receipt Requested, not later than one hundred and eighty (180) days prior to termination. For purposes of such notification, the City's address shall be: City Clerk, City of Okeechobee, 55 Southeast 3rd Avenue, Okeechobee, Florida 34974." 2. Annual Review. Add the following sentence to the end of Section 29 of the Franchise Agreement, as amended: "That the City approved annual commercial and residential rate schedules on July 18, 2017, which shall be incorporated into this renewal, until as amended at the annual rate resolution relating to the provision of solid waste collection and disposal services in 2018, and yearly thereafter for the term of this Agreement." 3. Public Records. Section 32 of the Franchise Agreement is hereby added as follows: The legislature has amended Chapter 119 Florida Statutes, Section .0701 thereof, to expand the obligation of local government to include into all contracts certain language that relates to public records, which is made a part of this contract. 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 FOR THE CITY OF OKEECHOBEE AT,. CITY CLERK'S OFFICE 55 S.E. 3RD Avenue Okeechobee, FL. 34972 (863) 763 -3372 ext. 215 Igamiotea @cityofokeechobee.com Page 1 of 3 The contractor shall adhere to Florida public records laws, including the following: a. Keep and maintain public records required by the City to perform the services, and upon request of the custodian of records for the City, provide the City with a copy of the requested records or allow the records to be copied or inspected within a reasonable time at a cost that does not exceed the cost allowed in Chapter 119 or as otherwise provided by law. b. 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 this contract term and following completion of the contract if the contractor does not transfer the records to the City. c. Upon completion of the contract, transfer, at no cost, to the City all public records in possession of the contractor or thereafter keep and maintain public records required by the City to perform the service. If the contractor transfers all public records to the City 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 City, upon request of the City Clerk, in a format that is compatible with the information technology systems of the City. Noncompliance. a. A request to inspect or copy public records relating to the City's contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the contractor of the request, and the contractor must provide the records to the City or allow the records to be inspected or copied within a reasonable time. A reasonable time is defined as within eight (8) business days. b. If the contractor does not comply with the request of the City for the records, the City shall enforce the contract provisions in accordance with the contract. c. If the contractor fails to provide the public records to the City within a reasonable time, the contractor may be subject to the penalties under Chapter 119.10. Civil Action. a. If a civil action is filed against a contractor to compel production of public records relating to the City's contract for professional services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, If: 1) The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2) At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the City and to the contractor. b. A notice complies with the above if it is sent to the custodian of public records for the City and to the contractor at the contractor's address listed on its contract with the City, or to the contractor's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, Page 2 of 3 with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. c. A contractor who complies with a public records request within eight (8) business days after the notice is sent is not liable for the reasonable costs of enforcement. 4. All provisions of the Agreement not specifically modified herein shall remain in full force and effect. IN WITNESS WHEREOF, the undersigned set their hands and seals this 19th day of September, 2017. City of Okeechobee, Florida Waste Management Inc. of Florida Do Iin R.' Watford, Jr., Ma or ATTEST: "' Lane Gamiotea, CIVIC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: CitrO John R. Cook, City Attorney Page 3 of 3 TITLE: