CN-700000-19020-Amd #3.pdf

Amendment #3

ATC-19-020

Non-Regulated Trash Collection for

Hernando CI, Lowell CI, Orlando Service Center, Sumter CI, and Zephyrhills CI

This Amendment (“Amendment”) is between the State of Florida Department of Corrections

(“Department”), and Waste Connections of Florida, Inc. (“Contractor”). The Department and

Contractor are collectively referred to herein as the “Parties,” and individually as a “Party.” All capitalized terms used herein shall have the meaning assigned to them in the Contract unless otherwise defined herein.

1.0 MODIFICATIONS

In accordance with Section V., Amendments, of the above-referenced Contract, the following modifications are hereby applied:

1.1 The Contract title is hereby revised as follows:

Non-Regulated Trash Collection for Hernando CI, Lowell CI, Orlando Service

Center, Sumter CI, and Zephyrhills CI

1.2 Section VI., Contract Notices, is hereby revised as follows:

In addition to the provisions in Section 38 of Form PUR 1000 (10/06), Contract notices may be delivered by email to the Contractor’s designated contact person as prescribed in Section VII.

Unless otherwise required herein, the Parties shall provide all notices required or permitted by this Contract in writing by certified mail, return receipt requested, or hand-delivery to the respective Parties. All notices shall be deemed received on the date of delivery.

Contract management changes to Section VII., Contract Management, may be delivered by email to the Contractor's Representative. Change notices by email shall be deemed received when they are transmitted and not returned as undelivered or undeliverable.

1.3 Section VII., Contract Management, is hereby revised as follows:

The Department employee who is primarily responsible for maintaining the Contract

Administration file is:

Contract Administrator

Bureau of Procurement

Florida Department of Corrections

ATC-19-020 Page 2 of 9

501 S. Calhoun Street, Suite 3287

Tallahassee, FL 32399-2500

Telephone: (850) 717-3700

Email: purchasing@fdc.myflorida.com

The Department’s Contract Manager is:

Loran Schrader, Correctional Services Consultant

Evita Bell, Operations Review Specialist

Office of Institutions

Florida Department of Corrections

501 S. Calhoun Street

Tallahassee, FL 32399-2500

Telephone: (850) 717-3671 (850) 412-2648

Email: Loran.Schrader@fdc.myflorida.com Evita.Bell@fdc.myflorida.com

The Department may appoint a different Contract Administrator or Manager, which will not require an amendment to the Contract, by sending written notice to the Contractor.

The Contractor shall address any all communication relating to the Contract to the

Department’s Contract Manager, or designee.

The Contractor has assigned the following individual(s) to serve as its representative for this Contract:

Contractor’s Representative:

Ian Boyle, Government Affairs Manager

Waste Connections of Florida, Inc.

5135 Madison Avenue

Tampa, FL 33619

Office Telephone: (813) 248-3802

Mobile Telephone: (813) 352-9156

Email: ian.boyle@wasteconnections.com

As provided for in Sections VI. and VII., Tthe Department will direct all questions and customer service issues concerning this Contract to the Contractor's rRepresentative above. It will be the Contractor's rRepresentative responsibility to coordinate with necessary Department personnel, as required, to answer questions and resolve issues.

The Contractor must provide written notice to the Department’s Contract Manager, or designee as set forth in Section VII., if a new individual employee is designated as its rRepresentative for this Contract.

1.4 Section X., Subcontracts, is revised as follows:

The Contractor is fully responsible for all work performed under this Contract. The

Contractor may, upon receiving written consent from the Department’s Contract

Manager, or designee, enter into written subcontract(s) for performance of certain functions under this Contract. No subcontract, in which the Contractor enters with respect to performance of any of its functions under this Contract, shall in any way relieve the mailto:purchasing@fdc.myflorida.com mailto:Loran.Schrader@fdc.myflorida.com mailto:Evita.Bell@fdc.myflorida.com mailto:ian.boyle@wasteconnections.com

ATC-19-020 Page 3 of 9

Contractor of any responsibility for the performance of its duties. All payments to subcontractors shall be made by the Contractor.

It is understood and agreed that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Contractor shall be solely liable to the subcontractor for all expenses and liabilities under this Contract.

All subcontractors are subject to the same background check requirements as are referenced in Exhibit A.

The Contractor may, with the prior written consent of the Department, enter written subcontracts for delivery or performance of services, as indicated in this Contract. No subcontract, into which the Contractor enters for the performance of any of its duties under the Contract, shall in any way relieve the Contractor of any responsibility for the performance of the Contract. All subcontractors, regardless of function, shall comply with the Department’s security requirements, including background checks, and all other

Contract requirements. The Department is not authorized to make payments to the subcontractor for services and commodities provided under the Contract.

The Contractor shall make all payments to subcontractors. If the Contractor utilizes a subcontractor, the Contractor shall pay the subcontractor within seven (7) Business Days after any payment is received from the Department, per Section 287.0585, F.S. It is understood, and agreed upon, that the Department shall not be held accountable to any subcontractor for any expenses or liabilities incurred under the subcontract, and that the

Contractor is solely responsible to the subcontractor for all expenses and liabilities under the Contract. If the Contractor fails to pay the subcontractor within seven (7) Business

Days, the Contractor shall pay the penalty to the subcontractor in the amount of one-half

(1/2) of one percent (1%) of the amount due, per Day, from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed 15% of the outstanding balance due.

1.5 Section XIII., Delivery, is hereby revised as follows:

Product(s) shall be shipped as Free on Board (FOB) to the designated destination, and arrive within the time agreed upon between the Contractor and the Department after the order is placed. Deliveries of goods, or provision of services, must be between 8:30 a.m.

to 4:00 p.m., local time, Monday through Friday, excluding State holidays, or other official closures unless otherwise stated herein or on a subsequent Contract.

1.6 Section XIV., Other Conditions, A. Public Records, is hereby revised as follows:

A. Public Records

The Contractor agrees to: (a) keep and maintain public records required by the Department in order to perform the Contract; (b) upon request from the Department’s custodian of public records, provide the Department with a copy of the related records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost 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

ATC-19-020 Page 4 of 9 following completion of the Contract if the Contractor does not transfer the records to the Department, upon Contract expiration or termination; and (d) upon completion of the Contract, transfer, at no cost, to the Department all public records in possession of the Contractor or keep and maintain public records required by the Department to perform the Contract. If the Contractor transfers all public records to the Department 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 Department, upon request from the Department’s custodian of public records, in a format that is compatible with the information technology systems of the Department. Pursuant to § Section 287.058(1)(c), Florida Statutes (F.S), the Department is allowed to unilaterally cancel the Contract for refusal by the Contractor to allow public access to all documents, papers, letters, or other material made or received by the Contractor in conjunction with the Contract, unless the records are exempt from § Section 24(a) of Art. I of the State Constitution and § Section 119.07(1), F.S.

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:

Florida Department of

Corrections ATTN: Public

Records Unit

501 South Calhoun Street Tallahassee, Florida 32399-2500 Telephone: (850) 717-3605 (850) 412-2664

Fax: (850) 922-4355

Website:https://floridadoc.govqa.us/WEBAPP/_rs/(S(mxurvkh n004wtw1eymm15f4x))/SupportHome.aspx

1.7 Section XIV., Other Conditions, G. Independent Contractor Status, is hereby revised:

G. Independent Contractor Status

This Contract does not create an employee/employer relationship between the

Parties. The Parties intends are independent contractors under this Contract and neither is the employee of the other for all purposes, including, but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal

Unemployment Tax Act, the provisions of the Internal Revenue Code, the State

Workers’ Compensation Act, and the State’s unemployment insurance law. The

Parties shall each retain sole and absolute discretion in the judgment of the manner https://floridadoc.govqa.us/WEBAPP/_rs/(S(mxurvkhn004wtw1eymm15f4x))/SupportHome.aspx https://floridadoc.govqa.us/WEBAPP/_rs/(S(mxurvkhn004wtw1eymm15f4x))/SupportHome.aspx

ATC-19-020 Page 5 of 9 and means of carrying out their Contract duties. Services and commodities provided by each Party under this Contract shall be subject to the supervision of the other

Party. In performing this Contract, neither Party nor its agents shall act as officers, employees, or agents of the other Party. The Parties agree that they are separate and independent business enterprises, and that each can pursue other opportunities.

This Contract shall not be construed as creating any joint venture or partnership between the Parties, and neither Party will be liable for any obligation incurred by the other Party, including, but not limited to, unpaid wages and overtime premiums.

1.8 Section XIV., Other Conditions, L. Cooperation with the Florida Senate and Florida House of Representatives is hereby revised as follows:

L. Cooperation with the Florida Senate and Florida House of Representatives

In accordance with Florida Law Section 287.058(7), F.S., the Contractor agrees to disclose any requested information, relevant to the performance of this Contract, to members or staff of the Florida Senate or Florida House of Representatives, as required by the Florida Legislature. The Contractor is strictly prohibited from enforcing any nondisclosure clauses conflictive with this requirement.

1.9 In accordance with Section XII., Additions/Deletions, REVISED EXHIBIT B, Contractor’s Pricing is revised to reflect the addition of services at Orlando Community

Release Center.

Revised EXHIBIT B, Contractor’s Pricing, is attached hereto.

2.0 CONFLICTS

To the extent any of the terms of this Amendment conflict with the terms of the Contract, the terms of this Amendment shall control. All other terms of the Contract remain in full force.

[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

Revised 04/2022 EXHIBIT B Agency Term Contract Contractor’s Pricing ATC-19-020

ATC-19-020 Page 7 of 9

Prices must be firm, and shall include all packaging, handling, shipping, and other applicable fees. In the absence of an equitable price adjustment as referenced in Form PUR 1000, renewal pricing will remain the same.

HERNANDO CORRECTIONAL INSTITUTION

16415 SPRING HILL DRIVE

BROOKSVILLE, FLORIDA 34604

Description of Goods

Number of Containers

Monthly Cost

Rental of a 6-Cubic Yard Container with Lid with service two (2) times a week:

estimated pick up weight 1,238 pounds Cost per unscheduled pick-up: $30.55

1 $302.45

Rental of an 8-Cubic Yard Open Container with Lid with service three (3) times a week:

estimated pick up weight 1,650 pounds

Cost per unscheduled pick-up: $45.83

3 $1,966.11

Hernando CI Grand Total Price

$2,268.56

LOWELL CORRECTIONAL INSTITUTION

11120 NW GAINESVILLE ROAD

OCALA, FLORIDA 34482

Description of Goods

Number of Containers

Monthly Cost

Rental of a 20 Cubic Yard Open Container with service one (1) time a month:

estimated pick up weight 4,125 pounds Cost per unscheduled pick-up: $320.00

2 $704.00

Rental of a 40-Cubic Yard Closed Container with

Compactor with service (3) times a week:

estimated pick up weight 16,500 pounds

Cost per unscheduled pick-up: $583.00

1 $8,330.49

Rental of a 40-Cubic Yard Open Container with service one (1) time a week:

estimate pick up weight 8,250 pounds Cost per unscheduled pick-up: $396.00

1 $1,886.15

Rental of a 96-Gallon Container without service Cost per container: $2.50

150 $412.50

Lowell CI

$11,333.14

Contractor’s Pricing ATC-19-020

ATC-19-020 Page 8 of 9 Amendment #3

ORLANDO COMMUNITY RELEASE CENTER

7300 LAUREL HILL DRIVE

ORLANDO, FLORIDA 32818

Description of Goods Number of Containers

Monthly Cost

1 Rental of an 8-Cubic Yard Container with Lid with service two (2) times a week: estimated weight of 1,650 pounds per haul Cost per unscheduled pick-up: $150.00

1 $285.00

2 Rental of a 30-Cubic Yard Open Container with service one (1) time a week: estimated weight of 6,188 pounds per haul Cost per unscheduled pick-up: $425.00

1 $1,840.25

Orlando CRC

$2,125.25

ORLANDO SERVICE CENTER

7424 LAUREL HILL DRIVE

ORLANDO, FLORIDA 32818

Description of Goods Number of Containers

Monthly Cost

Rental of an 8-Cubic Yard Container with Lid with service one (1) time a week:

estimated pick up weight 1,650 pounds Cost per unscheduled pick-up: $24.25

1 $133.37

Orlando Service Center

$133.37

SUMTER CORRECTIONAL INSTITUTION

9544 COUNTYROAD 476B

BUSHNELL, FLORIDA 33513

Description of Goods Number of Containers

Monthly Cost

Rental of a 35-Cubic Yard Self-Contained Compactor with service two (2) times a week:

Cost per unscheduled pick-up: $341.25

1 $3,234.00

Rental of a 40-Cubic Yard Open Container with service two (2) times a week:

Cost per unscheduled pick-up: $315.00

1 $2,940.23

Rental of a 2-Cubic Yard Open Container with lid with service two (2) times a week:

Cost per unscheduled pick-up: $68.25

1 $150.15

Sumter CI

$6,324.38

Contractor’s Pricing ATC-19-020

ATC-19-020 Page 9 of 9 Amendment #3

ZEPHYRHILLS CORRECTIONAL INSTITUTION

2739 GALL BOULEVARD

ZEPHYRHILLS, FLORIDA 33541

Description of Goods Number of Containers

Monthly Cost

Rental of an 8-Cubic Yard Container with Lid with service one (1) time a week:

estimated pick up weight 1,650 pounds Cost per unscheduled pick-up: $22.46

2 $247.06

Rental of a 20-Cubic Yard Open Container for

Construction Debris with service one (1) time a week:

estimate pick up weight 7,260 pounds

Cost per unscheduled pick-up: $297.04

1 $1,633.72

Rental of a 40-Cubic Yard Closed Container Compactor with service one (1) time a week: 16,500 pounds Cost per unscheduled pick-up: $485.49

1 $2,670.19

Zephyrhills CI

$4,550.97

WASTE CONNECTIONS OF FLORIDA, INC. 20-0435940

NAME OF BIDDER (COMPANY) FEIN

ORIGINAL ON FILE 01/04/2019

SIGNATURE OF AUTHORIZED REPRESENTATIVE DATE

DAVE WHITE

PRINTED NAME OF AUTHORIZED REPRESENTATIVE