Okaloosa County BOCC — June 21, 2016 — Residential Collection Extension Okaloosa County — reading text

SECOND AMENDMENT TO RESIDENTIAL SOLID WASTE AND RECYCLING COLLECTION FRANCHISE AGREEMENTC00-0409-PW BETWEEN OKALOOSA COUNTY AND WASTE MANAGEMENT INC. OF FLORIDA THIS SECOND AMENDMENT, made this day of , 2016, to the Agreement C00-0409-PW dated September 21, 2010, as amended November 17, 2015, (collectively “the Agreement”) for residential solid waste and recycling collection services by and between Okaloosa County, Florida (the “County”), and Waste Management Inc. of Florida, a Florida corporation (the “Franchisee™). WHEREAS, Contractor provides residential solid waste and recycling collection services on behalf of the County via Agreement C00-0409-PW; and WHEREAS, C00-0409-PW is due to expire on September 30, 2016; and WHEREAS, the County and Franchisee desire to amend the Agreement to further extend the term of the Agreement; and WHEREAS, the County and Franchisee desire to clarify Franchisee’s obligations with respect to bulk waste during the extended term. NOW, THEREFORE, the County and Franchisee agree as follows: Section 1. Extension of Term. Agreement C00-0409-PW is hereby extended through March 31, 2017. Section 2. Bulk Waste Residential Collection Service. For clarification purposes, Bulk Waste as defined in Article 1 of C00-0409-PW, is solid waste that may require special handling and management, and which by reason of its bulky, shape, or weight cannot be placed in a container or bundled. This waste includes, but is not limited to: * Furniture *» Mattresses * Appliances * Refrigerators (must be empty) » Other large, bulky items not to exceed 50 Ibs. Article 3 of C00-0409-PW, Section 3.5.1, is hereby amended to include the following: Bulk Waste Pickup — Each resident will be provided with one (1) weekly bulk waste collection (see maps, attached as Attachment “1” and incorporated herein by reference) on their normal day of service at no additional charge. In addition, bulk waste service will be provided in front of a vacant lot at no additional charge as long as the waste is in compliance with the two (2) cubic yard volume restriction in the Agreement (approximately one pickup load bed - see compliant photos, attached as Attachment “27), If a resident requests a pickup on a day other than their normal collection day, they may contact the local WM office at 850-301-2822 for an extra pickup that week at a minimum charge of $175. In addition, a minimum charge of $175 will apply if the bulk waste is not in compliance (see non- compliant photos, attached as Attachment “3”). In the event the bulk waste is not compliant, Franchisee will tag the waste and provide a telephone number for the resident to call to get the price for collection. Franchisee will supply a copy of tags from non-compliant residents to County staff daily. Tags will contain the address of each non-compliant resident. 2 Section 3 - C14-2073-WS is hereby amended to include the following additional provision: Public Records 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 AT OKALOOSA COUNTY RISK MANAGEMENT DEPARTMENT 5479 OLD BETHEL ROAD CRESTVIEW, FL 32536 PHONE: (850) 689-5977 riskinfo@co.okaloosa.fl.us. Contractor must comply with the public records laws, Florida Statute chapter 119, specifically Contractor must: a. Keep and maintain public records required by the County to perform the service. b. Upon request from the County’s custodian of public records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119 Florid Statutes or as otherwise provided by law, c. 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 the contract term and following completion of the contract if the contractor does not transfer the records to the County. d. Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the contractor or keep and maintain public records required by the County to perform the service. If the contractor transfers all public records to the public agency 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 the public records. All records stored electronically must be provided to the public agency, upon the request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. Section 4. Modification of Contract. Except as expressly set forth herein or as necessary to carry out the terms of this Amendment and the Agreement, no amendment of the terms of the Agreement is intended hereby and the Agreement and all its terms and conditions shall remain in full force and effect. Section 5. Entircty. This Amendment is hereby incorporated into the Agreement and together therewith they contain the entire Agreement between the parties as to the matters contained therein. Any oral representations or modifications concerning this Agreement shall be of no force and effect. IN WITNESS WHEREOQF, the parties hereto have set their hands as of this day of ,2016. OKALOOSA COUNTY ATTEST: By: By: Name: Charles K. Windes, Jr. Name: 1.D. Peacock II Title: Chairman of the Board of Title: Clerk of Court County Commissioners WASTE MANAGEMENT INC. ATTEST: OF FLi By: By: Name: . Name: fionq ot G,M(?AS Title:_ ice Presifent Title: Asst. Secretary