CN-700000-20001-AMD #1.pdf

Amendment #1

ATC-20-001

Non-Regulated Trash Collection-Region III

Amendment #1 Page 1 of 6

This Amendment (“Amendment”), effective the date fully executed below, to the Agency Term Contract ATC-20-001 (“Contractor”) is between the State of Florida, Department of Corrections (“Department”) and AW Site Services dba Arwood Waste (“Contractor”). The Department and Contractor are collectively referred to herein as the “Parties” and individually as “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 to the Contract:

1.1 Section VIII. Termination, C. Termination for Cause is hereby revised:

C. Termination for Cause

If a breach of this ATC occurs by the Contractor, which is left uncured after the expiration of 30 calendar days’ written notice by the Department, the Department may terminate this ATC upon 24 hours’ written notice. The Department, at its exclusive option, shall make the determination as to whether a period of time will be provided for the Contractor to cure a breach of ATC. If egregious is nature, a breach may result in immediate termination for cause, with 24 hours’ written notice, as described in this section. If a breach of this Contract occurs by the Contractor, the Department can terminate the Contract for cause. The Department may elect to afford, at its exclusive option, an opportunity for the Contractor to cure the breach for cause within 30 calendar days upon written notice by the Department. Any breach of this Contract which is still left uncured by the Contractor after the Department has elected to provide 30 calendar days to cure (remedy) the breach, may result in the Department’s termination of this Contract upon 24 hours’ written notice by the Department. If the Department does not elect to afford an opportunity for the Contractor to cure a breach (e.g.

instances of egregious Contractor conduct or other Contractor actions which may be harmful to the Department), the Department may immediately terminate this Contract for cause, upon 24 hours’ written notice to the Contractor, as described in this section. Notice shall be delivered by certified mail (return receipt requested), in person with proof of delivery, or by another method of delivery whereby an original signature is obtained. If applicable, the Department may employ the default provision in Chapter 60A-1, Florida Administrative Code

Amendment #1 Page 2 of 6

(F.A.C.). The provisions herein do not limit the Department’s right to remedies at law or in equity.

1.2 Section XI. Price Adjustments Decreases, is hereby revised:

Any price decrease effectuated during the ATC term by reason of market change or special sales offered to other customers shall be passed on to the Department. Price increases are not accepted, unless otherwise stated.

Any price decrease effectuated during the Contract period by reason of market change or special sales offered to other customers shall be passed on to the Department. This shall also apply to all in-place equipment on a rent or lease plan. Price increases are not accepted, unless otherwise stated. All prices are firm and shall be held for the duration of the Contract term. Equitable price adjustments shall only be considered if they are received and justified in accordance with the PUR 1000, as referenced in Exhibit A.

1.3 Section XIII. Other Conditions H. Force Majeure, is hereby revised:

H. Force Majeure

Neither Party shall be liable for loss or damage suffered as a result of any delay or failure in performance under this ATC or interruption or performance resulting directly or indirectly from acts of God, fire, explosions, earthquakes, flood, water, wind, lightning, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, pandemics, strikes, or labor disputes.

1.4 Section XIII. Other Conditions K. Scrutinized Companies Contractor Certification, is hereby revised:

K. Scrutinized Companies Contractor Certification

The Contractor certifies they are not listed on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S., and they are not currently engaged in a boycott of Israel. If the resulting ATC Contract exceeds $1,000,000.00 in total, not including renewal years, the Contractor certifies that they are not listed on either 1) the Scrutinized Companies with Activities in Sudan list, or 2) the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created pursuant to under Sections 215.473, F.S., and 215.4725, F.S., and further certifies they are not engaged in business operations in Cuba or Syria., as stated in Section 287.135(2)(b)2, F.S. Pursuant to Sections 287.135(5), F.S., and 287.135(3), F.S., the Contractor agrees the Department may immediately terminate the resulting ATC Contract for cause if the Contractor is found to have submitted a false certification or if the Contractor is placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, or has engaged in business operations in Cuba or Syria during the

Amendment #1 Page 3 of 6 term of the ATC Contract. Any company that submits a bid or proposal for an ATC Contract, or intends to enter into or renew an ATC Contract with an agency or local government entity for goods commodities or services, of any amount, must certify that the company is not participating in a boycott of Israel.

1.5 Section XIII. Other Conditions L. Cooperation with Florida Senate and Florida House of Representatives, is hereby added:

L. Cooperation with Florida Senate and Florida House of Representatives

In accordance with Florida law, the Contractor agrees to disclose any requested information, relevant to 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 the requirement.

1.6 Section XIII. Other Conditions M. E-Verify, is hereby added:

M. E-Verify

Per Executive Order 11-116, “The provider agrees to utilize the U.S. Department of Homeland Security’s E-Verify system, https://e-verify.gov/employers, to verify the employment eligibility of all new employees hired during the contract term by the Provider. The Provider shall also include a requirement in subcontracts that the subcontractor shall utilize the E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contractor term”. Bidders meeting the terms and conditions of the E-Verify System are deemed compliant with this provision.

Beginning January 1, 2021, every public employer, contractor, and subcontractor shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees. A public employer, contractor, or subcontractor shall not enter into a contract unless each party to the contract registers with and uses the E-Verify system in accordance with Section 448.095, F.S.

1.7 In accordance with Section XII. Additions/Deletions, EXHIBIT B, Contractor’s Pricing, is revised and replaced in its entirety and attached hereto.

REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK

https://e-verify.gov/employers

Exhibit B Contractor’s Pricing

Amendment #1 Page 5 of 6 Revised 3/1/2021

The Contractor agrees that in the absence of an equitable price adjustment as referenced in Form PUR 1000 (Section 5.1), renewal pricing will remain the same. The monthly cost shall include ALL COSTS associated with rental of dumpster(s), removal of the waste from the dumpster(s), the number of times per week/month pickup are indicated, hauling fees, transfer fees, landfill disposal (dumping or tipping) fees, and franchise fee if required.

FLORIDA WOMENS’S RECEPTION CENTER (FWRC)

3700 NW 111th PLACE

OCALA, FLORIDA 34482

Description of Goods

Number of Containers

Monthly Cost

1 Rental of a 40-Cubic Yard Closed Container with Compactor with service two (2) times a week: estimated weight of 16,500 pounds per haul Cost per unscheduled pick-up: $766.67

$7,666.70

Florida Women’s Reception Center Grand Total Price

$7,666.70

MARION CORRECTIONAL INSTITUTION

PO BOX 158

LOWELL, FLORIDA 32663

1 Rental of a 4-Cubic Yard Container with Lid and Mesh Bottom with service one (1) time a week: estimated weight of 825 pounds per haul Cost per unscheduled pick-up: $50.00

$250.00

2 Rental of a 20-Cubic Yard Open Container for Construction Debris with service one (1) time a week: estimated weight of 7,250 pounds per haul Cost per unscheduled pick-up: $375.00

1 $1,875.00

3 Rental of a 40-Cubic Yard Closed Container with Compactor with service one (1) time a week: estimated weight of 16,500 pounds per haul Cost per unscheduled pick-up: $345.00

1 $1,875.00

Marion Correctional Institution

$4,000.00

Amendment #1 Page 6 of 6 Revised 3/1/2021

ORLANDO COMMUNITY RELEASE CENTER (CRC)

7300 LAUREL HILL DRIVE

ORLANDO, FLORIDA

1 Rental of a 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: $50.00

1 $450.00

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: $230.00

1 $1,150.00

Orlando Community Release Center

$1,600.00

AW SITE SERVICES dba ARWOOD WASTE 83-2123104

NAME OF CONTRACTOR (COMPANY) FEIN

ORIGINAL ON FILE 9/5/2019

SIGNATURE OF AUTHORIZED REPRESENTATIVE DATE

SEAN MAHON

PRINTED NAME OF AUTHORIZED REPRESENTATIVE