CN-700000-20002-Amd #1.pdf

Amendment #1

ATC-20-002

Non-Regulated Trash Collection-Region III Lake Correctional Institution

This Amendment (“Amendment”) to the Agency Term Contract ATC- 20-002 (“Contract”) is between the State of Florida, Department of Corrections (“Department”) and Waste Management Inc. of Florida (“Contractor”) is effective upon signature of both Parties. The Department and Contractor are collectively referred to herein as the “Parties,” and individually as a “Party,” and capitalized terms shall have the meaning assigned to them in the Contract, unless otherwise defined herein.

1.0 RENEWAL

In accordance with Section III. Renewal Terms, the above-referenced Contract is hereby renewed for a three (3) year term, ending September 5, 2025. This renewal shall be under the terms and conditions indicated in the current Contract, including current and future modifications made by Contract amendment.

2.0 MODIFICATIONS

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

2.1 Section VII. Contract Management, is revised as follows:

VII. Contract Management

The Department employee who is primarily responsible for maintaining the Contract Administration file is:

Contractor Administrator Bureau of Procurement Florida Department of Corrections 501 S. Calhoun St. Street, Suite 327 Tallahassee, FL 32399-2500 Telephone: (850) 717-3700 Email: Purchasing@fdc.myflorida.com mailto:Purchasing@fdc.myflorida.com

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The Department’s Contract Manager is:

Todd Sharpe, Operations Manager Bureau of Security Operations Florida Department of Corrections 501 S. Calhoun St. Street Tallahassee, FL 32399-2500 Telephone: (850) 717-3330 Email: Todd.Sharpe@fdc.myflorida.com

The Department may appoint a different Contract Administrator or Manager, which will not require an amendment to the ATC Contract, by sending written notice to the Contractor. Any communication to the Department relating to the The ATC Contractor shall be addressed to the Department’s Contract Manager, or designee. address all communication relating to the Contract to the Contract Manager.

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

Primary Contact: The Contractor Representative is:

Mark Verrastro, Sales Manager

Bryan Wing, Market Sales Manager

Waste Management Inc. of Florida

3411 N. 40th Street

3510 Rio Vista Ave Tampa, Florida 33605 Orlando, FL 32805 Telephone: (813) 612-4331 Telephone: (407) 883-6647 Email: mverrast@wm.com Email: bwing@wm.com

The Department will direct All all questions and customer service issues concerning this ATC Contract shall be directed to the Contractor’s designated contact Representative above. It will be the designated contact’s Contractor Representative’s 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 if a new employee is designated as the Contractor’s contact person representative for this ATC Contract.

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

mailto:Todd.Sharpe@fdc.myflorida.com mailto:mverrast@wm.com mailto:bwing@wm.com

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2.2 Section VIII. Termination, C. Termination for Cause, is revised as follows:

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 the ATC. If egregious in nature, a breach may result in immediate termination for cause, with 24 hours’ written notice, 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 provisions in Chapter 60A-1, Florida Administrative Code (F.A.C). The provisions herein do not limit the Department’s right to remedies at law or to damages.

terminate the Contract for cause. The Department may elect to afford, at its exclusive option, an opportunity for the Contractor to cure the breach within 30 days upon written notice by the Department. Any breach if this Contract still left uncured by the Contractor after the Department has elected to provide 30 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 allow 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 delivery method whereby an original signature is obtained.

If applicable, the Department may employ the default provisions in Section 287.1351, F.S. The provisions herein do not limit the Department’s right to remedies at law or in equity.

2.3 Section XI. Price Adjustments, is revised as follows:

XI. Price Adjustments Decreases

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.

The Contractor shall apply to the Department any price decrease effectuated during the Contract term by reason of market change or special sales offered to other customers. Such a price decrease applies regardless of whether any related equipment is rented or leased by the Department under the Contract. Price increase are rejected, unless otherwise stated. All prices are firm and shall be held for the

If a breach of this Contract occurs by the Contractor, the Department may

Amendment #1 Page 4 of 8 duration of the Contract term. Equitable price adjustments shall only be considered if they are received and justified in accordance with the PUR 1000, Section (4)(e).

2.4 Section XIII, Other Conditions, A. Public Records is 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 service Contract; (b) upon request from the Department’s custodian of public records, provide the Department with a copy of the requested 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 in §119, F.S. or as 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 this ATC the Contract term and following completion of this ATC the Contract if the Contractor does not transfer the records to the Department; upon Contract expiration or termination; and (d) upon completion of this ATC 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 service Contract. If the Contractor transfers all public records to the Department upon completion of this ATC 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 §287.058(1)(c), F.S, the Department is allowed to unilaterally cancel this ATC 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 this ATC the Contract, unless the records are exempt from § 24(a) of Art. I of the State Constitution and §119.07(1), F.S. or §119.071, 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

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Telephone: (850) 717-3605 412-2664 Fax: (850) 922-4355 Email: CO.PublicRecords@fdc.myflorida.com Website:

https://floridadoc.govqa.us/WEBAPP/rs/(S(mxurvkhn004wtw 1 eymm15f4x))/SupportHome.aspx

2.5 Section XIII, Other Conditions, D. Notices, is revised as follows:

D. Notices

Unless otherwise required herein, the Parties shall provide All all notices required or permitted by this ATC shall be given in writing, by mail, and by hand- delivery, or email to the respective Parties. All written notices by hand-delivery shall be deemed received on the date of delivery, and all notices by email shall be deemed received when they are transmitted and not returned as undelivered or undeliverable. Both Parties may change their contact information and Contract Manager by written notice given to the other Party as provided herein.

2.6 Section XIII, Other Conditions, F. Insurance, is revised as follows:

F. Insurance

The Contractor agrees to provide adequate insurance coverage on a comprehensive basis and to hold such insurance at all times during the existence of this ATC. The Contractor accepts full responsibility for identifying and determining the type(s) and extent of insurance necessary to provide reasonable financial protection for the Contractor and the Department under this ATC. Upon the execution of this ATC, the Contractor shall furnish the Department’s Contract Manager, written verification of such insurance coverage. Such coverage may be provided by a self-insurance program established and operating under the laws of the State of Florida. The Department reserves the right to require additional insurance where appropriate.

If the Contractor is a State agency or subdivision as defined in Section 768.28, F.S., the Contractor shall furnish the Department upon request, written verification of liability protection in accordance with Section 768.28, F.S. Nothing herein shall be construed to extend any Party’s liability beyond that provided in Section 768.28, F.S.

mailto:CO.PublicRecords@fdc.myflorida.com https://floridaoc.govqa.us/WEBAPP/rs/(S(mxurvkhn004wtwleymm15f4x))/SupportHome.aspx

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2.7 Section XIII, Other Conditions, G. Employee Status, is revised as follows:

G. Employee Independent Contractor Status

This ATC does not create an employee/employer relationship between the Parties.

It is the intent of the The Parties that the Department and Contractor are independent contractors under this ATC 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 provision 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 and means of carrying out their Contract duties. activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this ATC shall be those of each individual Party. Services and commodities provided by each Party pursuant to under this ATC shall be subject to the supervision of each the other Party. In providing such services 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 has the ability can pursue other opportunities.

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

2.8 Section XIII, Other Conditions, K. Scrutinized Companies Contractor Certification, is revised as follows:

K. Scrutinized Companies Contractor Certification

The Contractor certifies they are not listed on the Scrutinized Companies that Boycott Israel List, created pursuant to under 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 Pursuant to 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

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

2.9 Section XIII, Other Conditions, L. Cooperation with the Florida Senate and House of Representatives, is added as follows:

L. Cooperation with the Florida Senate and House of Representatives

In accordance with 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.

2.10 Section XIII, Other Conditions, M. E-Verify, is added as follows:

M. E-Verify

Every public employer, contractor, and subcontractor shall register with and use the E-Verify system, https://www.e-verify.gov/employers, 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.

https://www.e-verify.gov/employers