WM 08 6th Amendment thru 2029SIXTH AMENDMENT TO FRANCHISE AGREEMENT
THIS SIXTH AMENDMENT TO FRANCHISE AGREEMENT is made 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 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, �C 2029; provided furthermore, this franchise may thereafter
be renewed for consecutive ��ee-(�} five 5 year periods upon mutually agreeable terms,
conditions and limitations determined by agreement of the parties. Contractor shall give
notice to the City of its desire 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 3`a Avenue, Okeechobee, Florida 34974.
2. Service — Garba�e and Trash.
Section 3(a) of the Franchise Agreement is amended by adding the following language:
Contractor shall collect up to 4-cubic yards of bulk items once per week on a day
scheduled by Contractor. All bulk items shall be of the size and weight so as to be
handled by Contractor's "clam truck". Bulk materials in excess of 4-cubic yards shall be
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Amendments at 8-2-2022 Meeting aze indicated
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the responsibility of the resident/property owner to make immediate arrangements for
removal within seven (7) calendar days. Resident/property owner may choose to self-
haul, hire a private firm or contact the Contractor for an estimate. The Contractor shall
not be responsible for nor have an obligation to collect, transport or dispose of debris or
other waste material from a hurricane, severe storm or other natural or man-made disaster
unless the City enters into a written agreement with Contractor specifying the terms and
compensation for such services.
Section 3(b) of the Franchise Agreement is amended by adding the following language:
Overfilling mechanical containers presents safety and health risks to the residents
of the City. 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 of this Section, overfilling is defined as the container being
overloaded so 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 ove�lling on the first
occurrence of each month along with notification of the fees for each subsequent
occurrence of overfilling. For each event of overfilling after the first event each month,
the Contractor shall charge the customer $150.00, not to exceed $450.00 per month. In
the event that any customer accrues overfilling charges of $450.00 during a single month,
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 to avoid future
overfilling charges.
4. Collection Equinment. Section 6 of the Franchise Agreement is amended by adding the
following language:
Automated Collection. To the extent practicable as determined by Contractor
taking into consideration the availability of required equipment, containers, tools and
other necessary or convenient items, the Contractor will endeavor to provide automated
collection of waste materials and recyclables. To that end, Contractor shall endeavor to
provide carts for residential single stream recycling collection and for residential yard
waste collection together with the requisite collection vehicles within the third year of the
term of this Franchise Agreement as amended by this Sixth Amendment.
�4. Public Records. Section 24 of the Franchise Agreement is amended by adding the
following language:
The legislature has amended Florida Statutes Section 119.0701, 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
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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
lgamiotea@cityofokeechobee.com
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.
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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,
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.
g�Annual Review. Section 29, first nara�ranh, fourth sentence of the Second Amendment
to the Franchise A�reement is deleted. ��+'�� �����'�:�� ^�r��-���* : ��a�a �•. �aa:�R
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�6. Schedule A. Schedule A of the Franchise Agreement, "Rates," is deleted and replaced
with new Schedule A attached hereto.
$.Other. All provisions of the Agreement not specifically modifed herein shall remain in
full force and effect.
IN WITNESS WHEREOF, the undersigned set their hands and seals this 2"d day of Au ust
2022.
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City of Okeechobee, Florida
by: � ���/
DO G . WATFO � , .,
MAYOR • ;� �. 'j �`,Y, ; � ; ,
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Attest: -- �'���
`" atie aq'�iotea, C �:
Ci�}! Cler�t��:�.,.,.;�-; -
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APPROVED l�R I;EGAL SUFFICI CY:
. umero, Esc�., City Attorney
Waste M ement Inc, of Florida
by:
DAVi YHA
its President
Page 5 of S
Waste Management of Martin County
City of Okeechobee
Monthiy Rates - October 1, 2022 to September 30, 2023
(Ali ResidenUal_$ Commercial Rates below include disposal & 10%franchise fee)
Residential Curbside Collection laer unitl
New Rates
SONICes 1 OH/2022
Total S 30.50
__ Commercial Solid Waste Collection Rates- Cotlection and Disposal
Casters: $ 14.98 permonthmaintenance
Roll-0uts: $ 14.97 per month per number of service dayslweek
Lxkbar. $ 160.63 installation
Lock/Unlock/Gate: $ 21.41 monthly fee x the number of pickups/week
Ovefilling Charges $ 150.00 per incident not to exceed $450 per month
Rolloff Collection Rates
ToWI Rate per Puil includes FF
"'Plus Dlsposal
Wasted Trip Charge:
Monthly Charge< Two Haul Min:
20 30 40 Com actor
$ 369.90 S 390.24 $ 410.53 $ 410.53
$ 100.00
$ 100.00
$ 17.41 $
$ 16.36 $
$ 14.97 $
$ 13.62 $
$ 12.13 $
16.21 $
14.57 $
13.07 $
11.09 $
9.85 $
15.27 $
12.96 $
11.18 $
10.25 $
8.90 $
14.80 $ 14.51 $ 14.32
11.77 $ 11.49 $ 11.29
10.70 $ 10.23 $ 9.96
9.76 $ 9.39 $ 9.15
8.43 $ 8.13 $ 7.93
8/2/2022 1:31 PM Pa9e 1 City of Okeechobes New Rates October 2022b
# of Cans »> 1 2 3 4 5 XPU
Commercial Cans Total S 22.67 S 34.14 $ 45.20 $ 56.79 3 78.82 $ 5.23