HomeMy WebLinkAbout2008 12 08 Document Provided to City Commission Under Reports by City Manager McLemoreDate: December 8, 2008
The attached document was provided to the City
Commission during "Reports" by City Manager
Ronald W. McLemore at the December 8, 2008
City Commission Regular Meeting.
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Ronald W. McLemore
Ciry Manager
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-5957
MEMORANDUM
TO: Mayor and Commission
FROM: Ronald W. McLemore, City Managerf ~~
DATE: December 8, 2008
SUBJ: Commercial solid Waste Collection
A question has been raised regarding the City's contract with Waste Pro for exclusive commercial and
residential solid waste collections.
The Waste Pro Contract is a product of an industry-wide bid and extensive follow-up negotiations to
reduce the bid further. As with the prior contract with B.F.I., the bid involved exclusive rights to
commercial and residential solid waste.
There are several reasons for the exclusive contract for commercial services.
1. The combined bid helps to reduce the cost of residential service.
2. The City has control of the commercial waste stream which means that the City receives
money back in return for recyclables.
3. The City receives franchise fees for commercial service.
4. We are guaranteed continuity of the quality of commercial service throughout the City
through the performance standards established in the contract.
5. The inherent problem with commercial service is this. Fully insured and bonded companies
who maintain the quality of their equipment and provide uniform responsiveness of their
service cannot compete with overnight companies who do not maintain adequate insurance
and equipment, who do not provide continuity of service quality, and who are unresponsive
to demands of the City in responding to damages done to property, and who contribute
little, if anything, to the community.
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120808 Commercial Solid Waste Collection Exclusive Contract
SOLID WASTE AGREEMENT
THIS AGREEMENT made and entered into this 1 S` day of March, 2006, by and between
the CITY OF WINTER SPRINGS, FLORIDA, a Florida Municipal Corporation, located at 1126
E. State Road 434, Winter Springs, Florida 32708 (hereinafter "City") and WASTE PRO OF
FLORIDA, INC., a Florida Corporation, located at 2101 West SR 434, Suite 301, Longwood,
Florida 32779 (hereinafter "Contractor").
WITNESSETH:
WHEREAS, there is an immediate and continuing need for the collection and disposal of
bulk trash, refuse, vegetative waste, recyclable materials, white goods, and construction and
demolition debris from residents, businesses, and other entities within the municipal boundaries of
the City of Winter Springs; and
WHEREAS, Contractor has the necessary equipment, personnel, and experience to properly
perform the collection and disposal services described herein; and
WHEREAS, it appears to be in the best interests of the public health, safety, and welfare of
the citizens of the City of Winter Springs and its resident businesses and entities to award a franchise
to Contractor to provide for the collection and disposal of bulk trash, refuse, vegetative waste, and
recyclable materials upon the terms and conditions more particularly described herein.
NOW THEREFORE, in consideration of the mutual covenants, agreements, and
consideration contained herein, the City and Contractor agree as hereinafter set forth:
1.0 Recitals. The foregoing recitals are true and accurate and are incorporated herein by
reference.
2.0 Definitions. The following words and phrases contained in this Agreement shall have the
meaning set forth in this section unless the context clearly indicates otherwise:
2.1 Authorized Representative: Shall mean the City Manager or his designee who shall
represent the City in the administration and supervision of the Agreement. The City
Manager's designee, if any, shall be appointed in writing, and said appointment may
be for the administration and supervision of this Agreement, in whole or in part.
2.2 Biohazardous Waste: Shall mean any solid waste or liquid waste which may
present a threat of infection or disease to humans or may reasonably be suspected of
harboring pathogenic organisms. The term includes, but is not limited to, non-liquid
human tissue and body parts; laboratory and veterinary waste which contain human-
disease-causing agents; used or contaminated disposable sharps (e.g. hypodermic
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needles, syringes, broken glass, and scalpel blades), human blood, and human blood
products and body fluids; and other materials which in the opinion of the Department
of Health and Rehabilitative Services represent a signiFcant risk of infection to
persons outside the generating facility.
2.3 Biological Waste: Shall mean solid waste that cause or has the capability ofcausing
disease or infection and includes, but is not limited to, Biohazardous waste, diseased
or dead animals, and other waste capable of transmitting pathogens to humans or
animals.
2.4 Bulk Trash: Shall mean any item which cannot be containerized, bagged or
bundled; including, but not limited to, inoperative and discarded bicycles, household
goods, and furniture. Bulk trash shall not include white goods and shall not be
commingled with vegetative waste.
2.5 City: Shall mean the City of Winter Springs, a Florida Municipal Corporation
located in Seminole County, Florida, acting through its City Commission or
Authorized Representative.
2.6 City Commission: Shall mean the City Commission of the City of Winter Springs,
Florida.
2.7 City Code or Code: Shall mean the Code of Ordinances of the City of Winter
Springs, Florida.
2.8 Collection and Disposal Service : Shall mean the process whereby refuse, bulk
trash, vegetative waste, or recyclable material is collected and transported for
disposal by Contractor under this Agreement to a designated facility or some other
approved disposal facility.
2.9 Collection and Disposal Equipment: Shall mean any vehicle and equipment that
are used by Contractor to perform the collection and disposal service required by this
Agreement including, but not limited to, all vehicles, mechanical containers,
mechanical carts, and all other equipment.
2.10 Collection Vehicle: Shall mean any vehicle that is used by Contractor to perform
the collection and disposal service required by this Agreement.
2.11 Collection Regulations: Shall mean any local, state, and federal laws and
administrative rules that regulate any and all aspects of collection and disposal
services, as may be in existence during the term of this Agreement.
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2.12 Commercial Service: Shall herein refer to the collection and disposal service
provided to business establishments, churches, schools, multiple dwelling units,
office buildings and other commercial establishments.
2.13 Commercial Trash: Shall mean any and all accumulations of paper, rags, excelsior
or other packing materials, furniture, appliances, wood, paper or cardboard boxes or
containers, sweepings, and any other similar accumulation not included under the
definition of garbage, generated by the operation of stores, offices, and other
commercial establishments. Commercial trash shall not include special waste.
2.14 Complaint: Shall mean verbal or written indication from a customer or the
Authorized Representative of a problem with any aspect of the collection and
disposal services provided by Contractor pursuant to this Agreement, whether or not
the problem results in a service call by Contractor.
2.15 Construction and Demolition Debris: Shall have the same meaning proscribed in
62-701.200(27), Florida Administrative Code, which at the effective date of this
Agreement means:
Discarded materials generally considered to be not water soluble and non-hazardous
in nature, including but not limited to steel, glass, brick, concrete, asphalt material,
pipe, gypsum wallboard, and lumber, from the construction or destruction of a
structure as part of a construction or demolition project or from the renovation of a
structure, including such debris from construction of structures at a site remote from
the construction or demolition project site. The term includes rocks, soils, tree
remains, trees, and other vegetative matter which normally results from land clearing
or land development operations for a construction project; clean cardboard, paper,
plastic, wood, and metal scraps from a construction project. Further, except as
provided in Section 403.707(12)(j), Florida Statutes, this term shall also include
unpainted, non-treated wood scraps from facilities manufacturing materials used for
construction of structures or their components and unpainted, non-treated wood
pallets provided the wood scraps or pallets are separated from other solid waste
where generated and the generator of such wood scraps or pallets implements
reasonable practices ofthe generating industrytominimize the commingling ofwood
scraps or pallets with other solid waste; and de minimis amounts of other
nonhazardous wastes that are generated at construction or demolition projects,
provided such amounts are consistent with best management practices of the
construction and demolition industries. Mixing of construction and demolition
debris with other types of solid waste will cause it to be classified as other than
construction and demolition debris.
2.16 Contract or Agreement: Shall mean this Contract, and any amendments and
renewals from time to time, executed by the City and the Contractor for the
performance of the collection and disposal services described herein.
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2.17 Contractor or Franchisee :Shall mean Waste Pro of Florida, lnc., a Florida
Corporation, and its directors, officers, employees, agents, contractors, and assigns.
2.18 CPI: Shall mean the Consumer Price Index (1982-84=100) for the U.S. City average
- all items -all urban customers -published by the United States Department of
Labor, Department of Labor Statistics.
2.19 Customer: Shall mean City and any person, establishment or entity who receives, is
required to receive, or requests collection and disposal services within the service
area.
2.20 Designated Facility: Shall mean a disposal processing, recovery, recycling or
transfer facility designated by the Authorized Representative.
2.21 Disposal Costs: Shall mean the "tipping fees" or landfill costs charged to the
Contractor by others for the disposal of waste collected by the Contractor in
performing collection and disposal services provided hereunder.
2.22 Dispute: Shall mean a disagreement between Contractor and City concerning a
question of fact, interpretation of this Agreement, Contractor's compliance and
performance with the terms and conditions of this Agreement, and Contractor's level
of service provided while performing collection and disposal services. A dispute
does not include a disagreement concerning an annual evaluation as provided in
paragraph 9.3.
2.23 Franchise: Shall mean an initial authorization or renewal thereof, voluntarily
entered into by the Contractor and issued by the City, whether such authorization is
referred to as a franchise permit, license, ordinance, resolution, agreement, contract
or otherwise, which authorizes collection and disposal services within the service
area. All Franchises shall be presumed to be non-exclusive unless otherwise
specifical ly authorized by City in writing. Any such authorization, in whatever form
granted, shall not mean or include any franchise or permit required for the privilege
of transacting and carrying on a business within the service area as required by other
Code provisions and ordinances of the City.
2.24 Garbage: Shall mean all putrescible waste which generally includes, but is not
limited to, kitchen and table food waste, animal, vegetative, food or any organic
waste that is attendant with or results from the storage, preparation, cooking or
handling of food materials whether attributed to residential or commercial activities.
Garbage shall not include special waste.
2.25 Hazardous Waste: Shall mean waste defined as hazardous waste pursuant to local,
state, and federal law.
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2.26 Household Trash: Shall mean the accumulation of paper, excelsior, rags, wooden
or paper boxes and containers, sweepings, broken toys, tools, utensils, whole
automobile tires (not to exceed an amount permitted by the designated facility),
construction and demolition debris from "do-it-yourself' projects not to exceed two
cubic yards per customer per collection, and all other accumulations of a similar
nature other than garbage and vegetative waste, which are usual to housekeeping, do-
it-yourself home improvements, and home occupations (as defined by City Code).
2.27 Mechanical Cart: Shall mean a plastic asixty-four (64) or ninety (96) gallon toter
cart with wheels dumped mechanically by a collection vehicle and able to be serviced
by Contractor.
2.28 Mechanical Container: Shall mean and include plastic or metal containers 2 cubic
yards and greater dumped mechanically by a collection vehicle and able to be
serviced by Contractor including, but not limited to, dumpsters, front load and
compaction type containers. However, Mechanical container does not include
mechanical carts.
2.29 Multiple Dwelling Units: Shall mean any building containing three (3) or more
permanent living units, not including motels and hotels, and any mobile home park,
which, at the sole discretion of the City, receives a dumpster or roll off service rather
than curbside individual services.
2.30 Performance and Payment Bond or Letter of Credit : Shall mean the form of
security approved by the City and furnished by the Contractor as required by this
Contract as a guarantee that the Contractor will perform the collection and disposal
services in accordance with the terms of the Contract.
2.31 Recyclable Materials: Shall mean newspapers (including inserts), magazines,
mixed office paper, aluminum cans, steel cans, tin cans, plastic containers (coded 1,
2 or 3),cereal/snack boxes without wax paper lining, junk mail, amber, clear and
green glass bottles and jars, and other solid waste materials added upon written
Agreement between the City and the Contractor, when such materials have been
either diverted from the remaining solid waste stream or removed prior to their entry
into the remaining solid waste stream. Recyclable materials shall not include
containers that previously held toxic material, cardboard boxes that have not been
flattened and stacked under the recycle bin, and plastic grocery bags.
2.32 Recycling: Shall mean any process by which recyclable materials are collected,
separated, and processed for purposes of extracting or reusing the raw materials
contained in t11e recyclable materials.
2.33 Recycling Container: Shall mean a fourteen (14) gallon recycling bin used by
residential customers and one or more forty-five (45), sixty (60) or ninety (90) gallon
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recycling center bins for commercial and multiple dwelling unit customers, or other
types of recycling bins approved by the Authorized Representative, to store
recyclable materials for collection and disposal service.
2.34 Refuse: Shall mean commercial trash, household trash and garbage, or a
combination or mixture thereof.
2.35 Refuse Container: Shall mean a plastic or galvanized metal can, of a type which is
commonly sold as a garbage can, which does not exceed ninety-five (95) gallon
capacity or fifty (50) pounds in weight when full. Each such can shall have two (2)
handles upon the sides of the can or a bail by which it maybe lifted by a person and
shall have a tight fitting top and shall also mean disposal plastic or paper bags (with
or without sack holders and not less than 1 mm thick) of a type which is acceptable
to be used for refuse storage and disposal.
2.36 Rolloff Container: Shall mean a dumpster which is used for the collection and
disposal of construction and demolition debris or solid waste. The rolloff container
may be of the open or enclosed variety and is typically hoisted onto a specifically
equipped truck for transporting the construction and demolition debris or solid waste
to a designated facility.
2.37 Residential: Shall mean single family detached homes, duplexes and multifamily
dwelling units and mobile home parks with curbside individual service.
2.38 Residential Service: Shall mean collection and disposal services provided to
persons occupying residential dwelling units who are not receiving commercial
service under this Agreement.
2.39 Service Area: Shall mean the area within the municipal boundaries of the City of
Winter Springs, Florida, as may be modified from time to time pursuant to Chapter
171, Florida Statutes.
2.40 Sludge: Shall mean the accumulated solids, mixed liquids, residues, and precipitates
generated from wastewater treatment, water supply treatment, air pollution control
facilities, septic tanks, grease traps, privies, or similar waste disposal appurtenances.
2.41 Solid Waste: Shall mean bulk trash, refuse, vegetative waste, recyclable materials,
and white goods or any combination thereof.
2.42 Special Waste : Shall mean solid wastes that require special handling and
management by Contractor, and which are not accepted at the designated facility or
other disposal facility or which are accepted at the desigtated facility or other
disposal facility at higher rates than is charged for refuse, including, but not limited
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to, asbestos, whole tires which do not constitute household trash, used oil, lead-acid
batteries, and biohazardous wastes.
2.43 Transfer means the disposal by this Agreement, directly or indirectly, by gift,
assignment, voluntary sale, merger, consolidation or otherwise, of twenty-five
percent (25%) or more at one time of the ownership or controlling interest of
Contractor, or fifty percent (50%) cumulatively over the term of the Agreement of
such interests to a corporation, partnership, limited partnership, trust or association,
or person or group of persons acting in concert or a change in control. Transfer shall
not incl ude any transfer or assignment to a person controlling, controlled by, or under
the same common control as the Contractor at the effective date of this Agreement.
Moreover, Transfer shall not mean a public offering issuance which either changes
the Contractor status from a privately held corporation to that of a publicly held
corporation or which is intended to provide additional capitalization for the
Contractor, provided the public offering does not result in a change in Contractor's
management personnel.
2.44 Vegetative Waste: Shall mean any and all vegetative matter resulting from routine
and normal yard and landscaping maintenance generated on site and shall include
materials such as tree and shrub materials, grass clippings, palm fronds, Christmas
trees, tree branches and similar vegetative matter usually produced in the care of
lawns, landscaping and yards. Vegetative waste shall include any identified excess
piles considered collectible only by means of a "cherry Picker" type collection
vehicle.
2.45 White Goods: Shall mean any non-vegetative item which cannot be containerized,
bagged, or bundled such as inoperative and discarded refrigerators, ranges, toilets,
washers, dryers, bath tubs, water heaters, sinks, and other similar appliances. White
goods shall not include bulk trash and shall not be commingled with vegetative waste
or bulk trash.
3.0 Grant of Franchise. There is hereby granted to Contractor an exclusive right, privilege or
franchise to collect and transport for disposal solid waste and construction and demolition
debris within the service area, during the term of this Agreement and subject to the
limitations and conditions as set forth in this Agreement. All rights granted to Contractor
hereunder shall be subject to the continuing right of the City to regulate the City's rights-of-
way and to protect the public health, safety, and welfare as shall, at the sole discretion of the
City, be in the public's interest. The grant of this franchise shall not affect the City's right
to provide collection and disposal services not expressly and unambiguously provided
hereunder to Contractor on an exclusive basis or during an emergency. In the event of any
conflict ur ambiguity hereunder as to whether a collection and disposal service is exclusively
granted to Contractor, the conflict or ambiguity shall be construed as granting Contractor a
non-exclusive franchise with respect to the collection and disposal service at issue. Nothing
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under this Agreement shall be construed as providing any franchise for collection and
disposal services not expressly provided for hereunder.
4.0 Scope of Work. It is the intent of this franchise to provide for the exclusive collection and
disposal service of solid waste and construction and demolition debris within the service
area, with the exception ofthe exclusions specifically set forth in this Agreement. Contractor
shall perform the collection and disposal service under the following terms and conditions,
all of which shall be a material part of this Agreement:
4.1 General Requirements: Contractor shall fully comply with the following:
A. Laws and Regulations. Contractor shall be familiar and comply with all
collection regulations and shall be solely responsible for determining,
absorbing, and adjusting to the financial and practical impact such regulations
have on its operation, subject to Contractor's ability to petition the City
Commission for a rate adjustment pursuant to paragraph 5.6 of this
Agreement.
B. Labor, Insurance, Equipment, etc. Contractor shall provide, at its sole cost
and expense, all labor, insurance, supervision, machinery, equipment, plant
and office buildings, trucks, and other tools, equipment, and accessories
necessary to perform the collection and disposal services in accordance with
the level of service required by this Agreement.
C. Protection of Public/Private Property and Utilities. Contractor shall
conduct his work in such a manner as to avoid damage to private or public
property and shall repair or pay for any damage caused by its operations,
except reasonable wear and tear to roadways. Contractor shall have
knowledge of all existing utilities and it shall operate with due care in the
vicinity ofsuch utilities and shall repair or have repaired, at no additional cost
to the customer or utility owner, any breakage or damage caused by its
operations.
D. Spillage. Contractor shall not cause any spillage of solid waste to occur upon
private or public property or the rights-of--way wherein the collection and
disposal service occurs. Collection and disposal service shall be performed
by Contractor to avoid leaking, spilling, and blowing of solid waste. In the
event of any spillage caused by Contractor, Contractor shall immediately
clean up all spillage at its expense. In order to be the first responder to
spillage incidents, Contractor shall maintain a certified spill cleanup kit,
acceptable to the City, on each and every vehicle servicing the City including
the vehicles used by supervisors. Such kit shall include at a minimum a pitch
fork, broom, absorbent pads, ,and shovel to pick up and contain spillage. In
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addition, Contractor shall immediately clean up all fluid spillage from
collection equipment to the maximum extent feasible and promptly notify the
Authorized Representative of all such fluid spillage.
E. Designated Facility. All solid waste shall be hauled to a designated facility
as directed in writing by the Authorized Representative and disposed of at
those facilities. At present such designated facility includes the Seminole
County disposal facility for class I & class III waste and any licensed
construction and demolition debris facility for construction and demolition
debris, provided the GEL facility in Volusia County shall be used as the basis
for determining the cost to dispose of construction & demolition debris.
F. Holidays. Unless otherwise directed by the Authorized Representative in
writing, Contractor shall provide collection and disposal service on holidays
observed by the City, except Memorial Day, Independence Day, Labor Day,
Thanksgiving, Christmas, and New Years Day. Any disposal and collection
service that would have been regularlyprovided, but were not provided at the
direction of the Authorized Representative, shall be provided the next
regularly scheduled pick-up day after the holiday. Contractor shall inform
the customers of any variance in the collection schedules resulting from a
holiday at least five (5) days prior to each holiday.
G. Contractor's Office. Contractor shall provide, at its sole cost and expense,
a suitable office located within reasonable proximity to the service area.
Within said office, Contractor shall maintain, during Contractor's normal
working hours, a staff and a local telephone number where complaints and
requests for collection and disposal service shall be received, recorded in a
log, and handled during Contractor's normal working hours. The office shall
also provide for a means to promptly handle emergency complaints and
requests for service. .
H. Litter and Dangerous Animals. Contractor shall not be responsible for
scattered solid waste which can be categorized as litter unless the same has
been caused by Contractor's acts or omissions, in which case, all Stich
scattered solid waste shall be picked up immediately by Contractor.
Contractor shall maintain sufficient equipment on each collection vehicle
(e.g. pitch fork, broom, shovel) to pick up such scattered solid waste.
Contractor shall not be required to expose themselves to the danger of being
bitten by vicious dogs and animals, roaming at large, in order to accomplish
collection and disposal services. However, in the event Contractor is unable
to provide collection and disposal services to a customer under such
conditions, Contractor shall immediately notify the customer, in writing, of
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such conditions and its inability to provide such collection and disposal
services.
Hours and Days . Except for unusual circumstances approved by the
Authorized Representative in writing or as otherwise provided elsewhere in
this Agreement, Contractor shall not perform collection and disposal services
prior to 7:00 A.M. or after 7:00 P.M., E.S.T., Monday through Saturday. No
collection and disposal services shall normally occur on holidays designated
in paragraph 4.1(F) or on Sundays unless Sunday pickup is authorized in
writing by the Authorized Representative.
Tagging Solid Waste Improperly Containerized. In the event solid waste
is not containerized, bundled, or piled pursuant to this Agreement and
Contractor does not perform collection and disposal services regarding such
solid waste, Contractor shall tag the container, bundle, or pile or subject
property with a written notice containing a brief explanation why the
container, bundle, or pile was not collected and disposed of and promptly
notify the Authorized Representative. The solid waste shall be collected and
disposed of at the next regularly scheduled collection day, provided the solid
waste is properly containerized, bundled, or piled.
K. Customer Report; City Billing Database. Contractor and City agree that
the monthly customer report required to be maintained and filed by
Contractor pursuant to paragraph 19.3(A) is vital to keeping an accurate
account of all customers receiving collection and disposal services under this
Agreement and for ensuring accurate billing of customers by City. To this
end, Contractor and City agree that each party must diligently maintain an
accurate, up-to-date list ofcustomers and the collection and disposal services
received by those customers. The Contractor shall promptly notify the City
of any new and existing Customers requesting collection and disposal
services and any current Customers terminating such services.
L. Handling of Freon White Goods/Solid Waste. Contractor shall be
responsible for properly disposing of all white goods and solid waste that
contain freon in accordance with law.
4.2 Residential Service. Contractor shall provide residential collection and disposal
service to residential customers as follows:
A. Frequency of Collection. Contractor shall provide collection and disposal
services for household trash and garbage at least two (2) times per week, with
collections at least three (3) days apart, and for bulk trash, vegetative waste,
and recyclable materials not less than once per week. All collection route
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cycles shall be subject to the prior written approval of the Authorized
Representative. Special pick-ups, including pick-ups of white goods, shall be
provided on an "as needed basis" and shall be allowed on any day, except
Sundays.
B. Point of Collection. Collection of household trash, garbage, bulk trash,
vegetative waste, and recyclable materials shall be within five (5) feet of
curbside. In the event an appropriate location cannot be agreed upon by the
customer and Contractor, the Authorized Representative shall designate the
location. The Contractor and Authorized Representative shall mutually agree
upon point of collection locations for non-conforming service areas. For
customers that are need of special assistance (e.g., certified by a doctor as
disabled and are unable to place household trash, garbage, or recyclable
materials at the curb), the Authorized Representative, at his discretion, shall
establish, and notify the Contractor of, special handling instructions for the
benefit of the customer. Such special handling instructions may include
collection from the customer's garage door or some other location acceptable
to the customer.
C. Containers and Preparation.
Household Trash and Garbage. Contractor shall be required to
provide collection and disposal services for all household trash and
garbage generated from residential customers which has been properly
prepared and stored in a refuse container or mechanical cart. If
mechanical carts are used, Contractor shall be required to provide an
adequate number of mechanical carts at Contractor's expense.
Recyclable Materials. Contractor shall be required to provide
collection and disposal services for all recyclable materials generated
from residential customers which have been properly prepared and
stored in a recycling container.
Vegetative Waste. Contractor shall be required to provide collection
and disposal services for all vegetative waste generated from
residential customers provided tree limbs, tree trunks, palm fronds,
etc., shall be cut in lengths of no greater than five (5) feet in length and
shall not exceed fifty (50) pounds per limb, trunk, frond, or bundle
thereof. Additionally, vegetative waste shall be properly prepared and
stored in refuse containers, specialized vegetative trash bags approved
by the designated facility, or placed in orderly piles. A special pickup
will be required when a "Cherry Picker" type collection vehicle is
required to collect excess piles of vegetative waste in excess of the
maximum length and poundage set forth in this paragraph. If an
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excess pile exists, the Contractor's route driver shall identify the
excess pile and immediately notify his supervisor of the date the pile
is identified and the location and size of the pile. The supervisor shall
then immediately provide said information to the Authorized
Representative. Within three (3) business days, the Contractor shall
collect and dispose of the excess pile regardless of the diameter and
weight of the vegetative waste.
4. Bulk Trash and White Goods . Contractor shall be required to
provide collection and disposal services for all bulk trash and white
goods generated from residential customers regardless of whether they
are containerized.
4.3 Commercial Service. Contractor shall provide commercial collection and disposal
service to commercial customers as follows:
A. Frequency of Collection. Contractor shall provide collection and disposal
services for commercial trash and garbage at least one (1) time per week for
customers that generate dry waste, at least two (2) times per week for
customers that generate putrescible waste (e.g. restaurants), and more
frequently as mutually agreed to by Contractor and the commercial customer
and/or required by the City. Vegetative waste and recyclable materials (if
vegetative waste and/or recyclable material service is requested by customer)
shall be picked up not less than once per week or more frequently as required
by the City. Special pick-ups, including pick-ups of white goods, shall be
provided on an "as needed basis" and shall be allowed on any day, except
Sundays.
B. Point of Collection. Collection of commercial trash, garbage, vegetative
waste, and recyclable material shall be at a location mutually agreed upon by
the customer and Contractor, and approved by the Authorized Representative.
Ifmutual agreement cannot be reached between customer and Contractor, the
Authorized Representative shall designate the location. However, in the
event the location was approved as part of a City or County site plan or
development review process, the location shall be as shown on the final
approved site or development plan. To the maximum extent feasible, the
designated location shall be located in a place that provides for safe,
convenient, and expedient access by Contractor.
C. Containers and Preparation.
Commercial Trash and Garbage. Contractor shall be required to
provide collection and disposal services for all commercial trash and
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garbage generated by commercial customers which has been properly
prepared and stored in a refuse container, mechanical cart, mechanical
container, rolloff container, or compactor under the following
conditions:
a. Upon approval of the City, Customers shall be permitted to
use refuse containers provided the amount of commercial
trash and garbage per collection can be stored in a maximum
of four (4) refuse containers or two (2) mechanical carts;
otherwise, customers shall be required to use one or more of
the following: mechanical containers, compactor service, or
rolloff containers.
b. Contractor shall be required to provide an adequate number
of mechanical containers, mechanical carts, compactors, or
rolloff containers to customers. Mechanical containers,
mechanical carts, and rolloff containers shall be provided at
Contractor's sole expense and shall remain the property of
Contractor, unless the mechanical container, mechanical carts,
or rolloff container is owned by the customer. Compactors
shall be provided as mutually agreed to by Contractor and
customer and City.
2. Recyclable Materials. Contractor may provide collection and
disposal services for recyclable materials generated from commercial
customers who speci fically request such service or as required by City.
Ifrequested, recyclable materials shall be properly prepared and stored
in a recycling container.
3. Vegetative Waste. Contractor shall be required to provide collection
and disposal services for all vegetative materials generated from
commercial customers who specifically request such service or as
required by City. Ifrequested, vegetative waste shall be containerized,
prepared, and collected pursuant to paragraph 4.2(C)(3) of this
Agreement. If required by City, vegetative waste shall be collected
and disposed of regardless of how it is containerized and prepared.
4.4 Multiple Dwelling Units. Contractor shall provide collection and disposal service
to multiple dwelling unit customers as follows:
A. Frequency of Collection. Contractor shall provide collection and disposal
services for household trash and garbage at least two (2) times per week, with
collections at least three (3) days apart, and for bulk trash and recyclable
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materials not less than once per week. All collection route cycles shall be
subject to the prior written approval ofthe Authorized Representative. Pick-
ups, including pick-ups of white goods, shall be provided on an "as needed
basis" and allowed on any day, except Sundays.
B. Point of Collection. Collection of household trash, garbage, bulk trash,
vegetative waste, and recyclable materials shall be at a location mutually
agreed upon by the customer and Contractor, and approved by the Authorized
Representative. If mutual agreement cannot be reached between customer
and Contractor, the Authorized Representative shall designate the location.
However, in the event the location was approved as part of a City or County
site plan or development review process, the location shall be as shown on
the final approved site or development plan. To the maximum extent
feasible, the designated location shall be located in a place that provides for
safe, convenient, and expedient access by Contractor.
C. Containers and Preparation.
Household Trash and Garbage . Contractor shall be required to
provide collection and disposal services for all household trash and
garbage generated by multiple dwelling units which has been prepared
and stored in a refuse container, mechanical carts, mechanical
container, or compactor under the following conditions:
a. The multiple dwelling unit customer shall be permitted to use
individual refuse containers or mechanical carts for each
dwelling unit only upon City approval, otherwise, customers
shall be required to use mechanical containers or compactor
service.
b. Contractor shall be required to provide an adequate number
of mechanical containers or compactors to customers who
request or exceed the maximum number of refuse containers
or mechanical carts. Mechanical containers and mechanical
carts (if authorized by the City) shall be provided at
Contractor's sole expense and shall remain the property of
Contractor, unless the mechanical container is owned by the
customer. Compactors shall be provided as mutually agreed
to by Contractor and customer.
2. Recyclable Materials. Contractor shall be required to provide
collection and disposal services for all recyclable materials generated
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from multiple dwelling unit customers which have been properly
prepared and stored in a recycling container.
Vegetative Waste. Contractor shall be required to provide collection
and disposal services for all vegetative materials generated from
multiple dwelling unit customers who specifically request such service
or as required by City. If requested, vegetative waste shall be
containerized, prepared, and collected pursuant to paragraph 4.2(C)(3)
of this Agreement. If required by City, vegetative waste shall be
collected and disposed of regardless of how it is containerized and
prepared.
4. Bulk Trash and White Goods. Contractor shall be required to
provide collection and disposal services for bulk trash and white goods
generated from multiple dwelling unit customers regardless ofwhether
they are containerized.
4.5 City Controlled Property. As requested by the Authorized Representative,
Contractor shall be required to provide collection and disposal services for all refuse,
bulk trash, white goods, vegetative waste, and recyclable materials generated by City
at properties owned, leased, or otherwise controlled by City. In addition, Contractor
shall provide such collection and disposal services for any and all City sponsored
special events as agreed to by City and Contractor, and for all City public receptacles
located along or in public rights-of--way, sidewalks, and public recreational facilities.
Such collection and disposal services shall be at no charge or expense to City.
A. Frequency of Collection. Unless otherwise directed by the Authorized
Representative in writing, Contractor shall provide collection and disposal
services for refuse at least two (2) times per week, with collections at least
three (3} days apart, and for bulk trash, vegetative waste, and recyclable
materials not less than once per week. All collection route cycles shall be
subject to the prior written approval of the Authorized Representative.
Special pick-ups, including pick-ups of white goods, shall be provided on an
"as needed basis" and shall be allowed on any day, except Sundays.
B. Point of Collection. Collection ofrefuse, bulk trash, vegetative waste, and
recyclable materials shall be at locations designated by the Authorized
Representative, with consideration given for the safe, convenient, and
expedient access by Contractor.
C. Containers and Preparation.
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Refuse. Contractor shall be required to provide collection and
disposal services for refuse generated by City which has been properly
prepared and stored in a refuse container, mechanical cart, or
mechanical container as determined by the Authorized Representative.
Contractor shall be required to provide all mechanical containers and
mechanical carts at Contractor's expense.
Recyclable Materials. Contractor shall be required to provide
collection and disposal services for all recyclable materials generated
by City which have been properly prepared and stored in a recycling
container or other container mutually agreed to by the Authorized
Representative and Contractor.
Vegetative Waste. Contractor shall be required to provide collection
and disposal services for all vegetative waste generated by City
provided the vegetative waste is containerized, prepared, and collected
pursuant to paragraph 4.2(C)(3) of this Agreement. Notwithstanding,
Contractor and City may mutually agree to some other method of
preparation and storage for significant City projects which generate
significant amounts of vegetative waste.
4. Bulk Trash and White Goods. Contractor shall be required to
provide collection and disposal services for all bulk trash and white
goods generated by City regardless of whether they are containerized.
4.6 Biohazardous, Biological, Hazardous, Sludge, and Special Waste .Contractor
shall not be responsible for collection and disposal services for Biohazardous waste,
biological waste, hazardous waste, sludge, and special waste under this Agreement.
4.7 Construction and Demolition Debris Service. Contractor shall provide collection
and disposal service of construction and demolition debris to residential, multiple
dwelling unit, and commercial customers as follows:
A. Exclusive Right. Contractor shall provide and have the exclusive right to
provide collection and disposal services for construction and demolition
debris utilizing rolloff containers, as that term is defined in paragraph 2.36 of
this Agreement, or other appropriate containers.
B. Frequency of Collection. Contractor shall provide collection and disposal
services for construction and demolition debris utilizing rolloff containers or
other appropriate containers to customers that specifically request such
service or as required by City. Said collection and disposal services shall be
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provided as frequently as mutually agreed to by Contractor and the customer
or as required by the Authorized Representative or City Code to protect the
public health, safety, and welfare.
C. Point of Collection. Collection ofconstruction and demolition debris shall
he at a location mutually agreed upon by the customer and Contractor;
provided, collection shall be located within the boundary of the property
served, unless otherwise approved by the Authorized Representative.
D. Containers and Preparation. Contractor shall be required to provide one
or more rolloff containers or other appropriate containers of a size and
number mutually agreed to by Contractor and customer.
4.8 Code Enforcement. Upon request of the Authorized Representative, Contractor
shall assist the City in its code enforcement efforts by providing collection and
disposal service of solid waste and construction and demolition debris located on real
property in violation of the City Code at no cost to the City, not to exceed ten (10)
twenty (20) yard rolloff containers per year.
4.9 Automated Cart Program. At the City's request, Contractor shall be required to
implement a residential automated Cart Program in accordance with terms and
conditions mutually agreed to by the Contractor and the City.
4.10 Tire Collection. Contractor shall provide weekly tire collection and disposal
services to residential customers at no additional charge, provided no more than four
(4) tires per household per year.
4.11 Special Pickup Services. Customers can request that Contractor provide special
handling and management of solid waste not covered under the general pick-ups
required by this Agreement, including special pickups for items such as asbestos,
waste tires (which exceed the number allowed under paragraph 4.10), used oils, lead
free batteries, construction and demolition debris, ash residue, and biological waste.
All such requests shall be billed directly to the customer. For purposes of this
paragraph, the term "special pickup" shall mean excessive waste debris residue
generated by contractors, waste requiring special equipment to dispose of, vegetative
waste not prepared in accordance with paragraph 4.2(3)(C) and requiring a "Cherry
Picker" type truck to dispose of, and extraordinary volumes of household items
requiring more than fifteen minutes for residential crews to load.
5.0 Rates and Charges; Compensation to Contractor; Franchise Fee Billing.
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5.1 Rates; Compensation to Contractor. For collection and disposal services provided
under this Agreement, Contractor agrees that the rates shall be as set forth in a Rate
Resolution adopted by the City Commission of Winter Springs.
5.2 Consumer Price Index Adjustment . The rates in paragraph 5.1 shall remain
unchanged during the term of this Agreement unless the Contractor requests in
writing an annual CPI adjustment or petitions the City for a rate adjustment in
accordance paragraphs 5.6 or 5.8. If a CPI rate adjustment is requested, the
Contractor shall receive said adjustment based on the following mathematical
formula:
New Rate = [CPI2 - CPI1 ] +l x Current Rate
CPI1
"CPI1" The published CPI for the month of October of the preceding year.
"CPI2" The published CPI for the month of October for the year in which the
rate is being adjusted.
Adjustments to the prices made in accordance with this subsection are intended to
reflect changes in the purchasing power of a given amount of money expressed in
dollars. Under no circumstances shall the CPI adjustment exceed two and one-half
(2'/z) percent in any given year. Moreover, the CPI adjustment shall not be applied
to Disposal Costs. Disposal Costs shall be one hundred percent pass through cost
and shall be adjusted accordingly only upon changes in land fill tipping fees. If CPI1
and CPI2 are not expressed in relation to the same base period or if a material change
is made in the method of establishing CPI, the City and the Contractor shall make an
appropriate statistical adjustment or conversion. If the CPI is discontinued, the City
and the Contractor shall mutually select another index published by the United States
Government or by a reputable publisher of financial and economic indices.
5.3 Billing Customers by City. Customer billing shall be established and enforced by
City Code. The City shall provide the customer billing for all collection and disposal
services provided by Contractor under this Agreement, unless otherwise specifically
stated herein. City shall perform said billing by means and at times deemed
appropriate by City. Contractor shall fully cooperate with City in customer billing.
5.4 Billing and Payment Procedure. Unless otherwise provided by the Authorized
Representative, customer billing and payment to Contractor shall be in accordance
with the following procedure:
A. The City shall provide all Customer billing for residential collection and
disposal services provided under this Agreement by adding a line item on the
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City's monthly utility bill. Contractor shall, however, provide Customer
billing when special rates and services apply, as approved by the City, and for
commercial service.
B. On a quarterly basis, the City shall provide to the Contractor an updated
assessment roll or customer list setting forth the total number of, and address
of each, residential collection units to be served under this Agreement. In
addition, the City shall provide Contractor with monthly notification of new
residential certificates of occupancy issued in the preceding month and City
will pay Contractor for the new residences the next full month following
notification.
C. Contractor shall be paid by the City based on the number of residential
collection units on the assessment roll or customer list. Payment shall be
made by the City no later than the 15`h day of each month for collection and
disposal services provided by Contractor during the preceding month.
Payment shall also be made based on the fees that are collected by the City.
The Franchise Fee charged in accordance with paragraph 5.5 herein shall be
directly billed to the customer and collected by City.
D. Should the City or Contractor discover that the City is erroneouslypaying for
collection and disposal services to anon-existent residential collection unit,
or alternatively, Contractor is providing such services to residential collection
unit not listed on the most recent assessment roll or customer list, the
discovering party shall immediately notify the other party. Upon verification
by the other party that the omission is correct, the City's next payment to the
Contractor shall be accordingly increased for each non-listed unit or
decreased for each non-existent unit.
E. Contractor shall direct bill all commercial customers and customers not billed
by the City. The Contractor shall provide the City with a monthly report
regarding the collection and disposal services provided to such customers.
The report shall be in a form acceptable to the City and shall be delivered no
later than the fifteenth (15`h) of each month for the preceding month's
services. The report shall include at a minimum the customer address, the
collection and disposal services provided, and the amount paid by the
customer for said services. Any amount of money collected by Contractor
on behalf of the City shall be remitted to the City along with said report
including, but not limited to any franchise fees authorized under this
Agreement.
S.5 Franchise Fee. At the City C'ommission's sole and absolute discretion, the City
reserves the unconditional right to charge Contractor, from time to time, a Franchise
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Fee equal to an amount permitted by law. The Franchise Fee shall not be construed
as a tax, but shall be considered a payment to the City in exchange for the rights and
privileges granted by this Franchise. The Franchise Fee shall be passed along to the
customer and remitted by customer directly to City pursuant to paragraph 5.4(C) or
remitted by Contractor to the City pursuant to paragraph 5.4(E). At the effective date
of this Agreement, Contractor acknowledges and agrees to pay a Franchise Fee equal
to ten (10%) percent of all Contractor's gross monthly billings related to all
collection and disposal services directly billed by Contractor under this Agreement
including, but not limited to, commercial, special residential services and
construction and demolition debris services.
5.6 Contractor's Petition for a Rate Adjustment. The Contractor may petition the
City to adjust the rates in paragraph 5.1 herein based upon unusual and unanticipated
increases in the cost of doing business, including but not limited to a change in any
collection regulation . Any such request shall be supported by full documentation
establishing the increase in operating costs and the reasons therefor. The City shall
be entitled to audit the Contractor's financial and operational records directly related
to the Contractor's request in order to verify the increase in costs and the reasons
therefor.
The Contractor's request may be made annually in writing, beginning the second year
of this Agreement, and no later than ninety (90) days prior to the anniversary date of
this Agreement, and shall contain reasonable proof and justification to support the
need for the rate adjustment. The City may request from the Contractor, and the
Contractor shall provide, such further information within its possession as maybe
reasonably necessary in making its determination. The City Commission shall
approve or deny the request (without penalty), in whole or in part, at its sole and
absolute discretion, within sixty (60) days of receipt of the request and all other
additional information required by the City.
5.7 Landfill Tipping Fees. The City shall pay directly to Seminole County all
residential landfill tipping charges that are invoiced by the Seminole County Landfill
pursuant to the terms and conditions of any applicable Interlocal Agreement between
the City and Seminole County. Contractor shall be responsible for paying all landfill
tipping charges for commercial service and demolition and construction debris.
However, Contractor may take construction and demolition debris to other licensed
and suitable landfills and tipping fees charged for demolition and construction debris
shall be equal to the amount charged by the GEL land fill facility in Volusia County,
Florida. As provided in Paragraph 5.2, landfill tipping fees are a passthrough cost
and shall not be subject to a CPI adjustment.
5.8 Reduction in CPI. In the event the CPI goes down in any given year, the City shall
have the right to adjust the rates in paragraph 5.1 in accordance with the
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mathematical formula in paragraph 5.2, not to exceed a reduction in excess of two
and one-half (2 %2) percent in any given year.
6.0 Schedules and Routes. Contractor shall provide written notice to the City of its collection
and disposal routes and schedules. The City reserves the unconditional right to deny
Contractor's vehicles access to any street, alley, bridge, beach, or public way within the
service area while performing collection and disposal services under this Agreement, where
the City determines that it is in the best interests of the public health, safety, and welfare to
do so because of the conditions of the streets, alleys, bridges, beaches, or public ways.
However, Contractor shall not interrupt the regular schedule and level of service because of
such closures of less than eight (8) hours induration. The City shall notify Contractor of any
such closures of longer duration, and arrangements shall be made in a manner acceptable to
Contractor and the Authorized Representative for the collection and disposal services
interrupted by the closure. Customers shall be notified in writing by Contractor of the
schedules provided by Contractor and any amendments thereto, provided customers shall be
given at least seven (7) days prior written notice of any such amendments. Any and all route
and schedule changes must receive prior approval by the Authorized Representative and
schedule changes shall be published, at Contractor's expense, in a newspaper of general
circulation meeting the requirements of Section 50.011, Florida Statutes.
7.0 Collection Equipment and Vehicles. Contractor shall provide collection equipment
for the collection and disposal services under the following conditions:
7.1 Type and Amount. Contractor shall have on hand, at all times under this
Agreement, collection equipment that is in good working order and sanitary
condition that will permit Contractor to perform the collection and disposal services
in a sufficient and efficient manner so that the schedules and routes can be
maintained. Collection equipment shall be obtained from a nationally known and
recognized manufacturer ofcollection equipment. Collection vehicles shall be ofthe
enclosed packer type or other type vehicle which meets industry standards and is
approved by the Authorized Representative. Contractor recognizes and agrees that
a smaller wheel base garbage truck will be required in order to properly service areas
within the Winter Springs Town Center and some townhome developments that
contain alleys. All collection vehicles shall be equipped with communication
devices which allow for proper communication with Contractor's dispatcher and the
City and such devices shall be taintained in good operating order.
7.2 New Equipment; Condition. No later than ninety (90) days from the effective date
of this Agreement, all of Contractor's collection and disposal equipment used within
the service area shall be licensed and/or registered as 2005 models or newer.
Contractor shall submit proof of title to all such equipment to the Authorized
Representative by said date and thereafter for any new collection and disposal
equipment. During the term ofthis Agreement, all collection and disposal equipment
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used in the service area shall not exceed an average age of seven (7) years old,
provided, however, at the start of the Agreement, all primary collection and disposal
equipment shall be new, at the start of the second year, all such equipment can not
exceed one year old, at the start of the third year, all such equipment can not exceed
two years old and so on during the remaining term of the Agreement. At all times,
Contractor shall be required to keep on file with the Authorized Representative a
current inventory of all collection and disposal equipment used within the service
area. All collection and disposal equipment shall be maintained, at all times, in a
reasonable and safe working condition and shall be in good repair, appearance, and
sanitary and clean condition. The Contractor shall provide to the Authorized
Representative a monthly maintenance report, by the fifteenth (15`h) of each month,
showing collection vehicle number, service and/or repairs made to each piece of
collection and disposal equipment. Contractor shall spray all mechanical containers
with disinfectant after every collection. Collection and disposal equipment shall be
painted uniformly with the name of the Contractor, Contractor's telephone number,
the number of the collection vehicle, and a sign stating "Serving the City of Winter
Springs" in letters not less than three (3) inches high on each side of all collection
vehicles. Contractor shall keep an accurate record of the collection vehicle to which
each number is assigned. Advertising on collection and disposal equipment is strictly
prohibited, except for advertisements promoting City sponsored special events.
7.3 Overloading. Collection vehicles shall not be overloaded by Contractor so as to
cause litter or spillage (described in paragraphs 4.1(D) and (H); however, if litter or
spillage occurs because of overloading it shall be picked up immediately as required
by paragraphs 4.1(D) and (H).
7.4 Back-up Equipment. Contractor shall maintain sufficient back-up collection and
disposal equipment, which shall satisfy the condition requirements of paragraph 7.2
of this Agreement, to temporarily replace collection and disposal equipment that is
in a state of disrepair or is inoperable at any time during Contractor's performance
of the collection and disposal services pursuant to this Agreement. The back-up
collection and disposal equipment shall be put into service within a reasonable time
and without interruption ofcollection and disposal services. Suchback-up collection
and disposal equipment shall correspond in size and capacity to the collection and
disposal equipment ordinarily used by Contractor in performance of the collection
and disposal services under this Agreement.
7.5 City Right To Inspect. The City, at its discretion, shall have the right to inspect
all collection and disposal equipment used by the Contractor within the service area
at any time. Should the City deem that any collection and disposal equipment fails
to meet the standards contained in this paragraph 7.0, the City shall have the right to
prohibit such equipment from being utilized within the service area until such time
that the equipment is repaired to meet such standards or replaced.
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7.6 Annual Maintenance Plan. Upon the effective date of this Agreement, and on
January 1'` of each year thereafter, Contractor shall file with the City an annual
preventative maintenance plan for all collection and disposal equipment which will
be used within the service area. The plan shall include, but not be limited to, a
schedule for painting, cleaning and replacing all collection and disposal equipment.
7.7 Minimum Collection and Disposal Equipment. Contractor agrees that the
minimum collection and di sposal equipment required to provide sufficient residential
and commercial service within the service area shall be as follows:
Rear Loaders:
4 - 2006 New Way King Cobra #32 RL - 32 cubic year/Mack Chassis
1 - 2006 New Way Cobra #13RL - 13 cubic yard/Sterling Chassis
1 -Spare Rear Loader -Waste Pro Fleet
Recycling Trucks:
2 - 2006 G-S 5000 23 cubic yard/Freightliner Chassis
1 -Spare Recycling Truck -Waste Pro Fleet
Front Loader Trucks:
1 -New Way Mammoth 40 cubic yard/Mack Chassis
1 -Spare Front Loader -Waste Pro Fleet
Clamshell Truck:
1 -Peterson Lighting Loader 26 cubic yard/Freightliner Chassis
1 -Spare Clamshell Truck -Waste Pro Fleet
The City shall have the right to demand that additional equipment be added to service
residential and commercial customers if the City's service area is significantly
expanded or Contractor's performance is determined bythe City, pursuant to paragraph
9.0, to be such that additional equipment is needed to provide a high quality and
efficient level of collection and disposal services to all residential customers.
8.0 Contractor's Personnel. Contractor shall fully comply with the following terms and
conditions regarding Contractor's personnel:
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8.1 Contractor's Representative. Contractor shall appoint a representative to
administer and manage this Agreement on Contractor's behalf as required by
paragraph 26.0 of this Agreement.
8.2 Personnel. Contractor shall provide a sufficient number of permanent and qualified
full-time employees to provide all of the collection and disposal services within the
service area. All such employees shall be lawfully permitted to work in the State of
Florida and the United States. Temporary employees and labor shall be prohibited
unless authorized by the Authorized Representative to handle emergency situations.
At all times, Contractor shall be required to keep on file with the Authorized
Representative a current roster of all permanent employees performing collection and
disposal services under this Agreement. The roster shall contain the person's name,
drivers license number, position, and the routes that the person will be working
within the service area. The City shall have the right to conduct criminal background
checks, at the City's expense, on all said permanent employees. All persons who are
given supervisory authority by Contractor shall be made available to the Authorized
Representative for consultation within a reasonable and practicable time after
Contractor receives notice from the Authorized Representative that a consultation is
being requested. Supervisors shall operate a collection vehicle that is equipped with
a communication device in order to properly communicate with Contractor's
dispatcher and the City.
8.3 Conduct of Personnel. Contractor shall require and ensure that its personnel shall
serve all customers in a courteous, helpfi~l, and impartial manner. Contractor's
personnel shall perform collection and disposal services while using existing
sidewalks and driveways when on private and public property. Contractor personnel
shall observe all no trespassing signs and shall not cross between neighboring
properties unless the customer, or customer's in the case of neighboring properties,
has expressly given said personnel permission. Contractor's personnel shall perform
all collection and disposal services with due care and shall always take reasonable
precautions and steps to avoid damaging all real and personal property including, but
not limited to, refuse containers, recycling containers, carts, racks, trees, shrubs,
flowers, and similar property. Contractor shall be fully liable for all such damage
caused by Contractor's personnel and Contractor shall promptly provide sufficient
and appropriate compensation to customer's for such damage.
8.4 Uniform Regulations . Contractor agrees that the identification of Contractor's
personnel while performing the collection and disposal services is important to the
customer's health, safety, and welfare. Consequently, Contractor's personnel
performing collection and disposal services shall wear a uniform or shirt bearing the
Contractor's name and an approved safety vest. Lettering stitched on or identifying
patches permanently attached to the uniform or shirt shall be acceptable.
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8.5 Labor and Employment Laws. Contractor shall comply with all applicable local,
state, and federal labor and employment laws affecting its personnel.
8.6 Informing Personnel of Responsibilities. Contractor shall take whatever steps it
deems necessary to fully inform its personnel about the terms and conditions and
personal responsibilities provided under this Agreement. City shall not be
responsible for informing Contractor's personnel of said terms, conditions, and
responsibilities. Contractor shall also provide operating and safety training manuals
to all its personnel.
8.7 Driver's License. All Contractor's personnel that drive a collection vehicle while
performing collection and disposal services shall at all times have and carry a valid
Florida commercial driver's license for the type of vehicle being driven.
8.8 Drug Free Workplace. Contractor shall maintain a drug free workplace policy. If
requested by City, Contractor shall provide a document certifying to the City it is a
drug free workplace.
9.0 Level of Service; Customer Complaints; Annual Evaluation By City.
9.1 Level of Service. Contractor acknowledges and agrees that the continuation of
this Franchise depends on Contractor consistently providing a high quality and
efficient level of collection and disposal services to all customers. To insure such
services are provided in such a manner, Contractor's performance shall be evaluated,
on an annual basis, pursuant to the procedure established in paragraph 9.3 of this
Agreement and based on the following review criteria:
A. The number of complaints received pursuant to paragraph 9.2 herein and
Contractor's performance in resolving the complaints in a professional and
expedient manner.
B. Contractor's responsiveness to direction given by the Authorized
Representative.
C. The number of times that Contractor had to pay liquidated damages pursuant
to paragraph 25.0 herein.
D. Contractor's participation in community meetings/events sponsored by City.
E. Contractor's financial viability to continue performing the collection and
disposal services as required by this Agreement.
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F. Contractor's compliance with its "Customer Service Policy" required by
paragraph 9.4.
G. Inspection records of all collection vehicles.
9.2 Customer Complaints. It is the intent of this Agreement to ensure that the
Contractor provides a high quality level of collection and disposal services to all
customers. To this end, all failures to provide collection and disposal services to
customers, or failures observed bythe Authorized Representative, and reported to the
Contractor shall promptly be resolved pursuant to the provisions of this Agreement.
All customer complaints should be made to the Authorized Representative and will
be forwarded to the Contractor by person, telephone, or in writing by mail, email or
facsimile. When received, whether directly from the Customer or forwarded from
the Authorized Representative, the Contractor shall record complaints on a form
approved by the Authorized Representative and shall take appropriate steps to resolve
the complaint in a professional and expedient manner. All complaints shall be
resolved within the time periods set forth in Section 25.0 of this Agreement.
However, in the event that circumstances make it impossible to resolve a particular
complaint within the time periods set forth in paragraph 25.0 ,Contractor shall notify
the Authorized Representative as to the reason the complaint can not be resolved
within said time periods and when the complaint will be fully resolved. Upon request
by the Contractor, the City may grant, at its sole discretion, a written extension of
time to resolve the complaint if Contractor's reasons for the delay are reasonable,
legitimate, and not a habitual excuse for failing to resolve the complaint. Contractor
shall be required to promptly notify the customer as to when the complaint will be
resolved. The Contractor shall notify the Authorized Representative within twenty-
four (24) hours, on the approved forms, ofthe action taken to resolve the complaint.
If the complaint involves a claim of damage to private or public property caused by
Contractor during the performance of collection and disposal services, the Contractor
shall within twenty-four (24) hours provide the Authorized Representative with a full
written explanation of said complaint, an estimate of the damage, and Contractor's
proposed actions to remedy the damage.
9.3 Annual Evaluation Procedure. Contractor's performance shall be annually
evaluated by City's Authorized Representative andlor City Commission under the
following procedure:
A. Upon or soon after the occurrence of each annual anniversary date of this
Agreement, the Authorized Representative shall conduct and prepare a
written annual evaluation of Contractor's performance in providing the
collection and disposal services under this Agreement ("Evaluation"). The
Evaluation shall be based on the level of service criteria set forth in paragraph
9.1 herein. For each criteria the Authorized Representative shall evaluate and
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grade Contractor's performance as unacceptable, acceptable but needs
improvement, or good. If Contractor receives an unacceptable grade, the
Authorized Representative shall provide Contractor a written explanation of
why Contractor's performance was unacceptable and Contractor shall be
given a reasonable period of time, as determined by the Authorized
Representative, tobring its level of performance up to levels acceptable to the
Authorized Representative.
B. The Authorized Representative shall deliver the Evaluation, the aforesaid
explanation, and other relevant documents to the City Commission for
consideration by the City Commission at a public meeting. At the meeting,
the Authorized Representative and Contractor shall have the opportunity to
explain their positions and the City Commission shall then determine whether
this Franchise should continue under conditions determined by the City
Commission or be terminated, without penalty, pursuant to paragraph 14.1(H)
herein.
9.4 Customer Service Policy. Within thirty (30) days of the effective date of this Agreement,
Contractor shall submit for the City's approval a "Customer Service Policy" which shall set
forth customer service standards. Contractor shall abide by such standards during the term
of this Agreement. The Customer Service Policy may be amended from time to time at
Contractor's or City's request. A current copy of the Customer Service Policy shall be
maintained at the Authorize Representative's office at all times.
10.0 Authorized Representative's Interpretation and Decision. Any disputebetween the City
and Contractor, which cannot be disposed of by mutual consent between the parties within
a reasonable period of time ("Impasse"), shall be ultimately decided by the Authorized
Representative at such time the Authorized Representative declares an Impasse. Upon
Impasse, the Authorized Representative shall have thirty (30) days to decide the Impasse
issue, unless additional time is reasonably needed. All such decisions shall be reduced to
writing by the Authorized Representative and delivered to Contractor within three (3) days
of said decision. All such written decisions shall contain a sufficient explanation, as may be
deemed necessary by the Atthorized Representative, to explain the decision. The decision
shall be final and binding on both parties unless appealed to the City Commission. Within
three (3) days of the Authorized Representative's decision, Contractor may appeal said
decision to the City Commission. The City Commission will hear and decide the appeal at
the next regularly scheduled City Commission meeting unless otherwise provided by the City
Commission. The City Commission's decision shall be binding and final. Failure to file an
appeal within said time period shall result in a waiver of the right to appeal. Pending the
decision, Contractor shall proceed diligently with the performance of the collection and
disposal services in accordance with this Agreement and any preliminary directions of the
Authorized Representative- The Authorized Representative may amend, suspend, or revoke
any decision if circumstances warrant.
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11.0 Other City Permits . For collection and disposal services of any kind not exclusively
provided by Contractor under this Agreement, Contractor shall obtain all permits required
by City Code to provide said services.
12.0 Performance Bond; Alternatives.
12.1 Performance Bond. The Contractor shall obtain and maintain during the entire
term of this Agreement and any extensions and renewals thereof, at its cost and
expense, and file with the City a corporate surety bond. The amount of said bond
shall be updated annually and shall provide for a maximum aggregate penalty not to
exceed an amount equal to Five Hundred Thousand Dollars ($500,000.00). The bond
shall be in a form acceptable to the City Attorney and shall guarantee the faithful
performance bythe Contractor of all of its obligations provided under this Agreement
(hereinafter referred to as "Bond" or "Performance Bond"}. Such bond must be
issued by a nationally recognized surety company. Alternatively, the Contractor shall
obtain and continuously maintain an unexpired irrevocable letter of credit, which
shall at all times be in the possession of the City. The amount of the letter of credit
shall be equal to that required for a performance bond and the form and contents of
such performance bond or letter of credit shall be acceptable to the City Attorney.
The letter of credit shall be released only upon expiration of the Agreement or upon
the replacement of the letter of credit by a successor Contractor. The Bond maybe
issued for a one year period of time and renewed on an annual basis at the discretion
of the surety. Neither non-renewal by the surety, nor the inability of the Contractor
to file a replacement Bond or suitable form of security shall constitute a loss to the
City recoverable under the expired Bond. However, the preceding sentence shall not
relieve the Contractor from finding a replacement Bond or other suitable form of
security which satisfies the requirements of this Agreement.
12.2 Conditions. The performance bond or letter of credit shall be issued upon the
following conditions:
A. The performance bond shall be issued by a surety approved by City and
licensed and authorized by the State of Florida to do business as a surety in
the State of Florida. The irrevocable letter of credit shall be issued by a bank
or savings and loan association acceptable to the City, authorized to do
business in this State by either the State of Florida Comptroller or the United
States government. The letter of credit shall name the City as the beneficiary.
B. There shall be recoverable by the City, jointly and severally from the
principal and surety or the financial institution that has issued the letter of
credit, any and all fines and liquidated damages due to the City and any and
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all damages, losses, costs, and expenses suffered or incurred by the City
resulting from the failure of the Contractor to: faithfully comply with any and
all provisions of this Agreement and any and all orders, permits and
directives of any City agency or body having jurisdiction over its acts or
defaults under this Agreement; pay any and all claims, liens, fees, or taxes
due the City which arise by reason of the collection and disposal services
provided under this Agreement. Such losses, costs and expenses shall
include but not be limited to reasonable attorney's fees and other associated
expenses incurred by the City.
C. The total amount of the bond or letter of credit shall be forfeited as a
liquidated damage paid to the City in the event:
Contractor abandons, or cancels with less than ninety (90) days written
notice to City, its obligations and responsibilities to perform the
collection and disposal services required under this Franchise, prior to
the expiration of the term of the Agreement;
Contractor assigns this Agreement without the express written consent
of the City; or
This Agreement is terminated by reason of the default of the
Contractor.
12.3 Use of Bond and Letter of Credit. Prior to drawing upon the letter of credit or the
bond for the purposes described in this section, the City shall notify Contractor in
writing that payment is due, and the Contractor shall have thirty (30) days from the
receipt of such written notice to make a full and complete payment. If the Contractor
does not make the payment within thirty (30) days or demonstrate reason acceptable
to the City why such action should not be taken, the City may withdraw the amount
thereof, with interest and penalties, from the letter of credit or the bond. Within
three (3) days of a withdrawal from the letter of credit or bond, the City shall send to
the Contractor, by certified mail, return receipt requested, written notification of the
amount, date and purpose of such withdrawal.
12.4 Replenishment of Letter of Credit and Performance Bond. No later than thirty
(30) days, after mailing to the Contractor by certified mail notification of a
withdrawal pursuant to paragraph 12.3 above, the Contractor shall replenish the letter
of credit and/or performance bond in an amount equal to the amount so withdrawn.
Failure to make timely replenishment of such amount to the letter of credit and/or
performance bond shall constitute a failure of the Contractor to faithfully comply
with the provisions of this Agreement.
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12.5 Non-renewal, Alteration, or Cancellation of Letter of Credit or Performance
Bond. The performance bond and letter of credit required herein shall be in a form
satisfactory to the City which approval shall not be unreasonably withheld and shall
require thirty (30) days written notice of any non-renewal, alteration or cancellation
to both the City and the Contractor. The Contractor shall, in the event of any such
cancellation, alteration, ornon-renewal notice, obtain, pay al] premiums for, and file
with the City, written evidence of the issuance ofreplacement bond or policies within
thirty (30) days following receipt by the City or the Contractor of any notice of
cancellation, alteration, or non-renewal.
12.6 Default. The performance bond and letter of credit provided pursuant to this section
shall become the property of the City in the event that this Agreement is canceled or
terminated by reason of the default of the Contractor.
12.7 Right to Require Replacement of Bonds or Letter of Credit. If the City becomes
aware of the financial condition of any bonding or financial institution issuing a
performance bond or letter of credit as required herein and said financial condition
is reasonably deemed by the City to j eopardize the collateral posted with the City, the
City may, at any time, require that any such bond or letter of credit be replaced with
such other bond or letter of credit consistent with the requirements set forth in this
section.
13.0 Transfer of Ownership or Control.
13.1 Transfer of Franchise. This Agreement and any right, title, or interest
herein shall not be sold, Transferred, leased, assigned, sublet, or otherwise
disposed of, including but not limited to, by forced or voluntary sale, merger,
consolidation, receivership or other means without the prior written consent
of the City Commission, and then only under such reasonable conditions as
the City Commission may establish which may include but not be limited to
financial guarantees to the collection and disposal services.
13.2 Transfer Threshold. The Contractor shall promptly notify the City of any
actual or proposed change in, or Transfer of, or acquisition by any other party
of, control of the Contractor.
13.3 City Approval. Every Transfer shall make this Agreement subject to
cancellation unless and until the City Commission shall have consented
thereto in writing. For the purpose of determining whether it may consent to
such Transfer, the City shall inquire into the requirements enumerated within
paragraph 13.4 and may also inquire into any other relevant legal, financial,
character, technical, and otherpublic interest qualifications ofthe prospective
Transferee or controlling party. The Contractor shall assist the City in
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obtaining all required information. Failure to provide all reasonable
information requested by the City as part of said inquiry shall be grounds for
denial of the proposed Transfer.
13.4 Minimum Requirements. In order to be eligible to take an assignment or
transfer of the Franchise granted under this Agreement, the
transferee/assignee must demonstrate in writing to the City that it meets the
following minimum threshold conditions:
(A) Annual revenue greater than twenty million dollars ($20,000,000).
(B) Operating margins of at least five percent (5%).
(C) Investment grade debt rating
(D) At least two contracts similar in scope and value.
(E) Sufficient personnel and equipment to meet the requirements set forth
herein.
13.5 Signatory Requirement. Any approval by the City Commission of transfer
of ownership shall be contingent upon the prospective assignee becoming a
signatory to this Agreement.
13.6 Transfer Fee. Upon approval of any transfer of this Franchise by the City
Commission, the Contractor or the transferee/assignee shall pay the City a
transfer fee of Twenty-Five Thousand Dollars ($25,000.00) for the first
transfer and One Hundred Thousand Dollars ($100,000.00) for each
subsequent transfer as a condition precedent to the effective date of any such
transfer.
14.0 Forfeiture or Termination.
14.1 Grounds for Revocation. In accordance with the procedure set forth in paragraph
14.4 of this Agreement, the City Commission reserves the right to terminate this
Agreement, without penalty, and rescind all rights and privileges associated with the
Franchise in the following circumstances, each ofwhich shall represent a default and
breach of this Agreement:
A. Contractor defaults in the performance of any of the material obligations to
provide collection and disposal services under this Agreement or the City
Code;
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B. Contractor fails to provide or maintain in full force and effect the liability and
indemnification coverage or the performance bond (or alternative letter of
credit) as required herein;
C. Contractor violates any material provisions of any orders or rulings of any
regulatory body having jurisdiction over the Contractor relative to this
Agreement and any regulatory ordinance of the City, and Contractor fails to
begin cure within five business (5) days of notice from the City and to
complete cure within a reasonable time after notice, as determined by the
City;
D. Contractor practices or engages in any fraud upon the City or any customer;
E. Contractor is gross negligent, as defined by general law, in maintaining any
of the level of service standards provided in this Agreement;
F. Contractor becomes insolvent, unable or unwilling to pay its debts or is
adjudged bankrupt;
G. Contractor fails to provide collection and disposal service throughout the
service area if a disruption of such service occurs pursuant to paragraph 24.0
of this Agreement, unless approval of such disruption is obtained from the
City Commission;
H. Contractor fails to satisfy the level of service annual evaluation conducted by
the Authorized Representative and City Commission pursuant to paragraph
9.3 of this Agreement; or
I. Contractor provided a material misrepresentation offact inthe application for
or negotiation of the Franchise granted under this Agreement or any
extension or renewal thereof.
Contractor has breached a provision of the Agreement after being declared
a "habitual violator" by the City Commission in accordance with paragraph
14.5.
14.2 Effect of Circumstances Beyond Control of Franchisee ("Force Majeure").
Contractor shall not be declared at fault or be subject to any sanction under any
provision of this Agreement in any case, in which performance of any such provision
is prevented for reasons beyond the Contractor's control. For the purposes of this
Agreement, causes or events beyond the Contractor's control shall include, without
limitation, acts of God, floods, earthquakes, landslides, hurricanes, fires and other
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natural disasters, acts of public enemies, terrorism, riots or civil disturbances,
sabotage, restraints imposed by order of a governmental agency or court. A fault
shall not be deemed to be beyond the Contractor's control if committed by a
corporation or other business entity in which the Contractor holds a controlling
interest whether held directly or indirectly, when such fault is due to Contractor's
financial inability to perform or comply, economic hardship, or misfeasance,
malfeasance or nonfeasance by any of the Contractor's directors, officers, employees
or contractors or agents. Failure of collection and disposal equipment and strikes or
work stoppages held by Contractor's employees shall not be considered acts beyond
Contractor's control.
14.3 Effect of Pending Litigation. Pending litigation or any appeal to any regulatory
body or court having jurisdiction over the Contractor shall not excuse the Contractor
from the performance of its obligations under this Agreement, unless specifically
provided for by court order or by the regulatory body having jurisdiction over such
matters. Failure of the Contractor to perform such obligations because of pending
litigation or petition may result in forfeiture or revocation pursuant to the provisions
of this section.
14.4 Procedure Prior to Revocation. Except as provided in paragraph 9.3 for annual
evaluations or paragraph 14.5 as a "habitual violator," the Authorized Representative
shall notify the Contractor in writing of the exact nature of the alleged violation
constituting a ground for termination and give the Contractor forty-five (45) calendar
days, or such greater amount of time as the Authorized Representative may specify,
to correct such violations or to present facts and arguments to refute the alleged
violation. If the Authorized Representative then concludes that there is a basis for
termination, it shall notify the Contractor thereof. If within the designated time the
Contractor does not remedy and/or put an end to the alleged violation, the City's City
Commission, after a public hearing where all interested parties maybe heard, may
revoke the Franchise under this Agreement, without penalty, if it determines that
such action is warranted. The Contractor shall not be held in default nor suffer any
penalties where non-compliance or default is caused by an event beyond the
Contractor's control, as stated in Section 14.2.
14.5 Habitual Violator. Upon prior written notice to the Contractor, the City
Commission reserves the right to declare, at a public meeting, that Contractor is a
"habitual violator" of the terms and conditions of this Agreement. For purposes of
this paragraph 14.0, a declaration that the Contractor is a "habitual violator" shall
mean that Contractor's performance is such that Contractor frequently, regularly, or
repetitively breaches the terms and conditions of this Agreement, regardless of
whether the Contractor has cured any or all of the breaches. Upon being declared a
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"habitual violator," Contractor shall forfeit the right to receive any further cure or
grace periods to correct any future violations or defaults under this Agreement.
Further, any subsequent violations or defaults by Contractor shall be grounds for
immediate termination of this Agreement by the City at such time the City deems, at
its sole discretion, it is in the best interests of the public health, safety, and welfare
to terminate Contractor's services. The City shall provide the Contractor with a final
written notice of termination at least fifteen (15) calendar days prior to the effective
date of the termination.
14.6 Result of Termination. Upon termination of this Agreement by the City, the City
shall provide the Contractor with written notice establishing the effective date of the
termination. At the effective date of the termination, Contractor shall immediately
cease performance under this Agreement and the City shall have the right to assign
the rights and obligations under this Agreement to itself or some other contractor
under the same or different terms. In addition, upon said termination, the City shall
have the unconditional and irrevocable right to take immediate possession and
control over any and all collection and disposal equipment used by Contractor to
provide collection and disposal services under this Agreement, until such time that
the City makes other long term arrangements to provide such services. Moreover,
the City shall have the right to utilize the full amount of the performance bond or
letter of credit in order to perform collection and disposal services required under this
Agreement.
15.0 Regulatory Authority.
15.1 Authority. The City reserves the right to exercise the maximum authority, as may
at any time be lawfully permissible, to regulate the collection and disposal services
and any other solid waste services, the Franchise granted hereunder, and the
Contractor. Should applicable legislative, judicial or regulatory authorities at any
time permit regulation not presently permitted to the City, the City may without the
approval of the Contractor engage in any such additional regulation as may then be
permissible, whether or not contemplated by this Agreement or the City Code,
including without limitation, regulation regarding franchise fees, taxes,
programming, rates charged to customers, consumer protection, or any other similar
or dissimilar matter. The City agrees to meet and confer with the Contractor prior
to enacting new regulatory ordinances.
15.2 Right of Inspection. The City shall have the right to inspect in a timely manner and
in the accompaniment ofa representative of the Contractor all collection and disposal
services performed subject to the provisions of this Agreement and equipment used
by Contractor, and to make such tests as it shall find necessary to ensure compliance
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with the terms of this Agreement, the City Code and any other applicable provisions
of local, state or federal law.
15.3 City Regulation. To the extent that federal or state law or regulation may now, or
as the same may hereafter be amended by legislation, administrative regulation or
decision, or judicial determination, authorize the City to regulate the rates for any
particular service tiers, service packages, equipment, or any other services provided
by Contractor, the City shall have the right to exercise rate regulation to the full
extent authorized by law, or to refrain from exercising such regulation for any period
of time, at the sole discretion of the City. The City shall provide advance notification
to the Contractor of its intention to exercise any such regulation and written
notification when such ordinance is adopted. However, failure to so provide advance
notification to the Contractor or written notification when such ordinance is adopted
shall not be a basis upon which to declare this Agreement in breach or to invalidate
the ordinance.
15.4 City Health and Sanitation Regulations. Without any limitation on the authority
granted City above, City reserves the unconditional right to adopt by ordinance
additional health and sanitation regulations which shall apply to the collection and
disposal of solid waste, biohazardous waste, biological waste, construction and
demolition debris, hazardous waste, sludge, special waste and all other kinds of
waste. To the extent determined at the sole discretion of the City's City Commission,
these regulations shall be codified in the City Code. Contractor shall fully comply
with these regulations to the extent applicable to the collection and disposal services
provided under this Agreement and said regulations shall be deemed to be fully
incorporated herein by this reference. In the event any provision of this Agreement
is in conflict with any provision of the additional City health and sanitation
regulations, the provision contained in the regulations shall prevail.
16.0 Liability and Insurance.
16.1 Certificate of Insurance. Prior to the effective date of this Agreement and thereafter
continuously throughout the duration of the Agreement and any extensions or
renewals thereof, Contractor shall furnish to the City, certificates of insurance and
endorsements, in a form approved by the City, for all types of insurance required
under this section. Failure to furnish said certificates of insurance and endorsements
in a timely manner shall constitute material breach of this Agreement. At the City's
request, Contractor shall furnish certificates of insurance and endorsements which
are in effect from time to time.
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16.2 No Liability Limit. Neither the provisions of this Section or any damages recovered
by the City hereunder, shall be construed to limit the liability of Contractor for
damages under this Agreement.
16.3 Endorsement. All insurance policies maintained pursuant to this Agreement shall
contain an endorsement in substantially the following form:
It is hereby understood and agreed that this insurance policy
may not be modified or canceled by the insurance company
nor the intention not to renew be stated by the insurance
company until thirty (30) Days after receipt by the City of
Winter Springs City Manager by certified mail, of a written
notice of such intention to cancel or not to renew.
16.4 State Institution. All insurance policies provided pursuant to this Agreement shall
be written by companies authorized by the Florida Insurance Commissioner to do
business in the State of Florida as an insurance company. The insurance company
shall have a Best Insurance rating of A or better, unless otherwise approved by the
Authorized Representative.
16.5 Named Insured. The City shall be an additional named insured for all insurance
policies written pursuant to this Agreement, as the City's interests may appear from
time to time.
16.6 Changes in Policy Limits. To offset the effects of inflation and to reflect changing
liability limits, all of the coverage, limits, and amounts of the insurance provided for
herein are subject to reasonable increases at the end of every two (2) year period of
this Agreement, applicable to the next two (2) yearperiod or termination date of this
Agreement (whichever occurs first), at the City's discretion, but not to exceed the
coverage, limits, and amounts -of insurance the City requires of other contractors
transacting business with the City.
16.7 Commercial General Liability Insurance. Contractor shall maintain throughout
the term of this Agreement, general liability insurance insuring Contractor in the
minimum of:
A. $5,000,000 for property damage single limit; and
B. $5,000,000 single limit liability for personal bodily injury or death to any one
person.
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16.8 Automobile Liability Insurance. Contractor shall maintain throughout the term of
the Agreement, automobile liability insurance for owned, non-owned, or rented
vehicles in the minimum amount of:
A. $5,000,000 single limit liability for bodily injury and consequent death per
occurrence; and
B. $5,000,000 for property damage per occurrence.
16.9 Worker's Compensation. Contractor shall maintain throughout the term of the
Agreement, worker's compensation at least to the minimum amount of the statutory
limit for worker's compensation, as amended from time to time.
17.0 Indemnibcation and Hold Harmless . For any and all collection and disposal services
performed by Contractor pursuant to this Agreement, Contractor agrees to the fullest extent
permitted by law, to indemnify and hold harmless the City, its commissioners, attorneys,
employees, officers, and agents from and against all claims, losses, damages, personal
injuries (including but not limited to death), or liability (including reasonable attorney's fees
through any and all administrative, pre-trial, trial, post judgment, and appellate proceedings),
directly or indirectly arising from: (i) the acts, errors, omissions, intentional or otherwise,
arising out of or resulting from Contractor's or its subcontractors, or agents performance of
the collection and disposal services pursuant to this Agreement; (ii) defaults under this
Agreement; (iii) failing to properly train employees under Contractor's control or direction;
and (iv) failing to properly equip or hire employees under Contractor's control or direction
in the performance of the collection and disposal services under this Agreement.
The indemnification provided above shall obligate Contractor to defend at its own expense
or to provide for such defense, at the option of the City, as the case maybe, of any and all
claims of liability and all suits and actions of every name and description that may be brought
against the City, its commissioners, attorneys, employees, officers, and/or agents which may
result from the collection and disposal services under this Agreement whether the collection
and disposal services be performed by the Contractor, its subcontractors, or anyone directly
or indirectly employed by them. h1 all events the City shall be permitted to choose legal
counsel of its sole choice, the attorney fees for which shall be subject to and included with
this indemnification provided herein, as long as said fees are no greater than at a rate deemed
reasonable at the time indemnification is required.
The City agrees to be responsible for the City's own negligent acts and omissions.
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18.0 Interference with Persons, Public and Private Property, and Utilities. Contractor's
collection equipment and personnel used in performing the collection and disposal services
hereunder shall:
A. Not endanger or interfere with the health, safety or lives of persons;
B. Not interfere with any improvements which the City, county, state, and
federal government may deem proper to make;
C. Not interfere with the free and proper use of Public Rights-of--Way, alleys,
bridges, easements or other public property, except to the minimum extent
possible during actual collection and disposal services being provided
hereunder;
D. Not interfere with the rights and reasonable convenience of private property
owners, except to the minimum extent possible during actual collection and
disposal services being provided hereunder; and
E. Not obstruct, hinder or interfere with any gas, electric, water, wastewater,
reclaimed water, stormwater drainage, telephone, or other utility facilities
located within the service area.
19.0 Books and Records Available to City; Quarterly Report to City Commission.
l 9.1 Records. With advance written request, the City shall have the right to inspect and
copy at any time during Contractor's normal business hours, all books, records, maps,
revenue statements, service complaint logs, performance test results and other like
materials of the Contractor that are directly related to the collection and disposal
services provided under this Agreement and which constitute a public record under
Chapter 119, Florida Statutes. It is agreed that this Agreement and Contractor's
performance thereunder as an independent contractor does not render Contractor a
public agency. Further, Contractor's trade secrets and proprietary information shall
not be subject to disclosure hereunder. Said records shall be maintained at
Contractor's office set forth in paragraph 4.1(G) of this Agreement.
19.2 Review. For records not constituting a public record under Chapter 119, Florida
Statutes, Contractor shall permit, during Contractor's normal business hours, the
Authorised Representative to examine, at the City's discretion, any and all maps and
other records kept or maintained by the Contractor or under its control concerning the
operations, affairs, transactions or property of Contractor relative to the collection
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and disposal services provided under this Agreement. The examination shall take
place at Contractor's office.
19.3 Reports to be Filed. The following reports shall be provided to the City in an
electronic and other form acceptable to the City:
A. Monthly Commercial Customer Report. A monthly commercial customer
report sorted alphabetically by address, which lists the customer's address
and name, type, quantity, and size of the container picked-up from the
customer, and a description of the kind of service provided customer.
B. Disposal Reports. A monthly report indicating the amount (in tonnage) of
commercial refuse, vegetative waste, and recycle materials collected and
disposed of under this Agreement. A weekly report indicating the amount (in
tonnage) of residential refuse, vegetative waste, and recycle materials
collected and disposed of under this Agreement.
C. Annual Financial Report An annual financial report prepared by Contractor
or the parent company of Contractor shall be provided annually at the time
said report is published.
D. Annual Operational Plan. An annual operational plan and report which
shall include, at a minimum, information reasonably requested by the
Authorized Representative and the following information related to the
service area:
1. A summary of the manner in which the Contractor will provide the collection and
disposal services required under this Agreement and a related list and map of routes
and schedules for collection and disposal services.
2. An inventory of collection equipment including make, year, model, and type.
3. Personnel summary including a list of persons to be employed and their
classification, the background of local management in charge of operations,
statement of general working conditions such as hours of work, number of days
worked, and other benefits of employment.
4. Financial report of all the previous year's collection and disposal services.
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5. The manner in which the Contractor will ensure that all customers are fully
informed of the customer service standards established and required by this
Agreement and the City Code.
6. A summary of all solid waste collected (in tonnage) from residential Class I and
III, recycling material by class and commercial.
7. A schedule for the annual cleaning and painting all Mechanical Containers.
19.4 Mandatory Records. The Contractor shall at all times maintain:
A. A record of all complaints received and interruptions, disruptions, or
degradation of collection and disposal services for the preceding year prior
to the annual performance evaluation by the City.
B. A full and complete document(s) describing the rates, schedules, and routes
for the collection and disposal services.
C. A record of all customers, and fees received from them by Contractor, for
collection and disposal services not billed by the City, if any.
D. All reports required by paragraph 19.3 of this Agreement.
19.5 Other Records. The City may impose reasonable requests for additional
information, records and documents from time to time, and the Contractor shall
produce said records within ten (10) business days, so long as such request relates to
the City's enforcement abilities under this Agreement or the Code.
20.0 Preferential or Discriminatory Practices Prohibited. All collection and disposal services
rendered and all rules and regulations adopted by Contractor shall have general application
to all persons and shall not subject any person to prejudice or disadvantage on account of
race, gender, religion, origin, or ethnicity. Contractor shall not deny service to any group of
potential customers within the City because of the income ofthe customers within the service
area. Contractor shall not charge customers different rates for service for the same class or
type of service. However, this paragraph is not intended to restrict Contractor from offering
reasonable discounts to senior citizens or other economically disadvantaged groups in
accordance with any local, state, or federal law.
21.0 Storms; Hurricanes; Natural Disasters; CalamitiesIn the event amajor storm, hurricane,
natural disaster, or any other type of major or serious calamity ("calamity") causes an
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excessive amount ofrefuse, vegetative waste, bulk trash, or other excessive debris ("debris")
to accumulate on streets, alleys, bridges, and on private and/or public property, Contractor
shall collect such debris at the City's written request. City agrees to pay Contractor for such
additional service in an amount mutually agreed upon in writing by the City and Contractor.
Contractor acknowledges and agrees that collection and disposal services performed after a
calamity may be subject to special procedures in order that the City can receive
reimbursement from state and federal agencies like FEMA. In such cases, Contractor shall
be fully responsible and liable for complying with all such procedures and shall also
indemnify and hold harmless the City in the event Contractor fails to comply with said
procedures. Nothing in this Agreement shall exclude or prohibit the City or any other
contractors from collecting and disposing of such debris caused by a major or serious
calamity.
22.0 Miscellaneous Provisions.
22.1 Independent Contractor. Contractor is an independent contractor and nothing in
this Agreement is intended nor shall be construed to create anemployer/employee
relationship, a joint venture relationship, a partnership relationship, or to allow the
City to exercise control or direction over the manner or method by which Contractor
performs the collection and disposal services which are the subject matter of this
Agreement. Contractor understands and agrees that: (i) the City will not withhold
on behalf of Contractor pursuant to this Agreement any sums for payment of income
tax, unemployment insurance, social security or any other withholding; (ii) all such
payments, withholdings and taxes are the sole responsibility of Contractor; and (iii)
Contractor will indemnify and hold the City, its City Commission members,
attorneys, employees, officers, and/or agents harmless from and against any and all
loss or liability arising with respect to such payments, withholdings, or taxes,
including, but not limited to reasonable attorneys' fees through any and all
administrative, pre-trial, trial, post trial judgment, and appellate proceedings. The
- parties hereto agree that both Contractor and the City shall have the right to
participate in any discussion or negotiation with the Internal Revenue Service
concerning Contractor's independent contractor status regardless of with whom or
by whom such discussions or negotiations are initiated. In the event that any
applicable government agency determines that Contractor is an employee of the City
and the City is required to pay any additional amount to any governmental authority
based upon Contractor being reclassified an employee of the City, Contractor hereby
covenants and agrees to reimburse immediately the City for any such amount paid to
any such governmental authority and the costs and expenses associated with
defending the City, including, but not limited to reasonable attorneys' fees. In the
event that Contractor is reclassified as an employee and becomes eligible for a refund
of any taxes paid to any governmental agency, including but not limited to, a claim
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for refund of self-employment taxes, then Contractor hereby covenants and agrees
to pursue any such refund and assign to the City the proceeds from any such refund.
22.2 No Joint Venture. Nothing herein shall be deemed to create a joint venture or
principal-agent relationship between the parties, and neither party is authorized to,
nor shall either party act toward third persons or the public in any manner which
would indicate any such relationship with the other.
22.3 Entire Agreement. This Agreement represents the entire understanding and
agreement between the parties hereto with respect to the subject matter hereof, and
supersede all prior oral negotiations and written agreements between the parties.
This Agreement may be amended, supplemented, modified, or changed only by a
written instrument agreeing to said amendment, supplementation, modification, or
change in the terms hereof by the parties.
22.4 Notices. Any notice, request, instruction, or other document to be given as part of
this Contract shall be in writing and shall be deemed served when either delivered in
person to the following designated agents or received by registered or certified
United States mail, return receipt requested, postage prepaid, or received by
facsimile, addressed as follows:
TO THE CITY:
City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
Ph: (407) 327-5957
TO THE CONTRACTOR:
Waste Pro of Florida, Inc.
Attn: Robert Hires
2101 West SR 434, Suite 301
Longwood, Florida 32791
Ph:407-868-8800
Either party may change the aforementioned designated agents at any time by
providing written notice of such change to the other party.
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22.5 Captions. Captions to sections through this Agreement are solely to facilitate the
reading and reference to the sections and provisions of the Agreement. Such captions
shall not affect the meaning or interpretation of the Agreement.
22.6 Severability. If any section, subsection, sentence, clause, phrase, or portion of this
Agreement is, for any reason, held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct, and
independent provision. Such holding shall not affect the validity of the remaining
portions of this Agreement, unless the City determines that the portions remaining
(without the severed portions) have an adverse effect on the best interests of City,
then City shall have the right to terminate this Agreement without penalty.
22.7 City's Rights of Intervention. Contractor agrees not to oppose intervention by the
City in any suit or proceeding to which Contractor is a party, concerning or involving
this Agreement and the City's rights under this Agreement.
22.8 Attorney's Fees . In the event of litigation arising out of or relating to this
Agreement, the prevailing party shall be entitled to recover all its reasonable
expenses, including attorney's fees, costs, and other expenses reasonably and
necessarily incurred, through all administrative, pre-trial, trial, post judgment, and
appellate proceedings.
22.9 Counterparts. This Agreement may be executed in any number of counterparts,
each of which when so executed and delivered shall be considered an original
agreement; but such counterparts shall together constitute but one and the same
instntment.
22.10 Waiver. Failure of the City to insist upon performance within any time period or
upon a proper level of service shall not act as a waiver of the City's right to later
claim a failure to perform on the part of Contractor.
22.11 Jurisdiction; Venue. This Agreement is made and shall be interpreted, construed,
governed, and enforced in accordance with the laws of the State of Florida. Venue
for any state action or litigation shall be Seminole County, Florida. Venue for any
federal action or litigation shall be Orlando, Florida.
23.0 Effective Date; Term.
23.1 Effective Date. The effective date of this Agreement shall be March 1, 2006. Any
prior contract between the parties, and all addendums thereto, is hereby superseded
and of no further force and effect; provided, however, any monies still owed by the
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Contractor to the City under the prior contract shall be duly and fully paid and
Contractor shall be paid the last month's billing under the prior contract for only the
last month's collection and disposal services performed by Contractor.
23.2 Term. The initial term of this Agreement shall be for Five (5 )years and shall
commence on March 1, 2006 and terminate on February 28, 2011, subject to an
annual evaluation by the City under paragraph 9.0 herein and termination as provided
for in paragraph 14.0 herein. The tenor ofthis Agreement maybe extended pursuant
to paragraph 23.3 herein.
23.3 Renewal. Upon mutual agreement, this Agreement may be renewed by the City
for a four (4) year renewal term. If the City elects to renew this Agreement, the City
shall provide written notice of the renewal to the Contractor no later than ninety (90)
days prior to the expiration of the term ofthis Agreement.
24.0 Disruption in Collection and Disposal Services. In the event a disruption (e.g. strike, labor
stoppage, collection equipment in disrepair) causes Contractor to fall one week or more
behind in its collection schedule, City may, at its option, cause the collection and disposal
services to be performed by any means available to City. Such means may include, but not
be limited to, City taking over and operating the collection equipment used in the
performance ofthis Agreement until such time Contractor can perform the collection and
disposal services and City contracting with a third party to perform the collection and
disposal services. Any cost incurred by City in exercising this option shall be charged
against Contractor and the performance bond or alternative letter of credit furnished by
Contractor under this Agreement. The foregoing option shall only be exercised by a majority
vote of the City's City Commission after the City Commission has declared that the
disruption has caused an emergency to arise within the service area that adversely effects the
public health, safety, and welfare.
25.0 Liquidated Damages. It is the intent of Contractor and City to provide for liquidated
damages for certain breaches ofthis Agreement by Contractor. However, liquidated damages
shall temporarily not be imposed for a ninety (90) day period commencing upon the effective
date ofthis Agreement in order to provide the Contractor with a grace period under which
to get established and acclimated to the service standards required under this Agreement.
The liquidated damages set forth shall not be construed as a penalty. At the effective date
ofthis Agreement, Contractor and City agree that any damages flowing from Contractor's
breach of paragraphs 25.1 through 25.29, inclusive, are not readily ascertainable, and the
liquidated damages set forth therein are reasonable and proportionate to any damages that
might reasonably be expected from a breach of said paragraphs. As such, should Contractor
fail to perform the collection and disposal services required below, City shall be entitled to
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liquidated damages. Liquidated damages will be generally categorized as general and
administrative complaints as follows:
GENERAL COMPLAINTS:
25.1 Failure to collect missed customers per the
service policy at a particular address on the
the same day as given notice.
25.2 Collection of Commercial,
Residential Solid Waste and /or
Recyclables before 7:00 AM
or after 7:00 PM. within the service area.
25.3. Co-mingling solid waste with
Vegetative waste, recyclable
Materials, C & D materials or
Other waste materials within the service area.
25.4 Failure to clean spillage within the service area
other than hydraulic and other fluids of any
type in accordance with the
Agreement:
25.5 Failure to replace damaged
containers within five days, twenty four
(24) hours for residential at a particular address.
25.6 Failure to return containers or
garbage receptacles to appropriate
location as per the Agreement at a particular address.
25.7 Failure to repair or schedule to be repaired damage
to customer's property within 7 days.
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25.8 Failure to comply with the current
schedules and route maps within the service area.
25.9 Failure to respond to customer
complaints and customer calls in a
timely fashion and appropriate manner
as per the "customer service policy" provided
to the City from the Contractor at a particular address.
25.10 Failure to complete a route on the regular collection day.
25.11 Causing skid marks, spillage marks
on roadways, private driveways or any
thoroughfare within the service area
25.12 Failure to close gates on dumpster
enclosures as well as container
lids on commercial customers locations at
a particular address.
25.13 Causing hydraulic spills or leaks as well as any other fluids having potential to
damage or stain asphalt, concrete or other roadway surfaces within service area.
No liquidated damages will be imposed for such legitimate general complaints if Contractor
resolves the complaint to the City's satisfaction by 7:00 pm of the same day that the
complaint is received by the Contractor, provided, however, if the complaint is received by
the contractor after 12:00 noon, Contractor shall have until 12:00 noon of the following day
to resolve the complaint. Notwithstanding the aforesaid, if Contractor receives the same type
of legitimate general complaint more than three (3) times within the same calendar week
(Monday through Sunday) ,liquidated damages will be imposed beginning on the fourth such
complaint and all such complaints thereafter during the calendar week. The liquidated
damages shall be $150.00 for each such complaint that is resolved with the aforementioned
time periods and $300.00 for each such complaint that is not resolved within said time
periods.
ADMINISTRATIVE COMPLAINTS:
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25.14 Failure to provide clean, safe and $500.00 per incident sanitary equipment at the
beginning of each work schedule.
25.15 Failure to maintain signs stating "Serving $250.00 per incident
the City of Winter Springs" on all collection
and work vehicles while servicing the City.
25.16 Failure to maintain office hours as required. $200.00 per incident
25.17 Equipment operator not properly $500.00 per incident
licensed.
25.18 Failure to provide documents and $250.00 per incident
reports in a timely and accurate
manner per Agreement
25.19 Failure to cover materials, if appropriate, $250.00 per incident
on all collection vehicles.
25.20 Failure to have name and phone number $250.00 per incident
displayed on all equipment or containers.
25.21 Failure to comply with employee roster, $300.00 per incident
proper uniforms and employee identification
per Agreement.
25.22 Using improper unauthorized equipment $250.00 per incident
or vehicles to service commercial
or residential customers.
25.23 Failure to provide monthly tonnage reports $250.00 per incident
25.24 Failure to submit financial $500.00 per incident
reports by the required date
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25.25 Failure to provide proper $250.00 per incident
notification prior to Residential
Route changes.
25.26 Failure to follow established $300.00 per incident
reporting, operational or
administrative procedures.
25.27 Failure to provide promotional $1,000.00 per year
and educational materials, activities,
advertisements and civic awareness
programs annually as per the Agreement
25.28 Contractors failure to provide the quantity $500.00 per incident
of approved roster equipment within the City
during the required collection days.
25.29 Failure to report accidents /damage /spillage $250.00 per incident
to the City immediately and provide a copy
of a written report in the same day.
With respect to administrative complaints, the Contractor will beafforded atwenty-four hour
time period in which to correct said complaints before liquidated damages are imposed by the City.
Therefore, no liquidated damages will be imposed for an administrative complaint if Contractor
resolves the complaint to the City's satisfaction within twenty-four hours of Contractor receiving the
administrative complaint. Failure to resolve the complaint within the prescribed time period shall
result in liquidated damages as set forth above.
In addition and supplemental to the liquidated damages stated above, liquidated damages in
the amount of $600.00 per legitimate general and administrative complaint shall be imposed for each
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such complaint in excess of forty (40) for any given calendar month. The Contractor agrees and
acknowledges that over forty legitimate complaints in any given calendar month is excessive and
should be subject to additional liquidated damages.
When liquidated damages are imposed hereunder, such liquidated damages shall be deducted
from the monthly payments due the Contractor under this Agreement. In the event that Contractor
does not accept the deductions, the City shall have the right to claim against the performance bond
or letter of credit required under this Agreement.
26.0 Contractor's Representative Contractor shall designate an individual to act as a
representative for Contractor under this Agreement with the authority to transmit instructions,
receive information, and make or interpret Contractor's decisions. This person shall be Contractor's
contract administrator. Initially, the person who shall act as the representative for Contractor with
respect to this Agreement shall be Robert Hires. Contractor may from time to time designate other
individuals or delete individual's with the authority to act for Contractor under this Agreement with
the authority to transmit instructions, receive information, and make or interpret Contractor's
decisions. All deletions or designation of individuals to serve as a representative shall be given by
written notice.
27.0 Time of the Essence. Contractor acknowledges and agrees that time is of the essence for
the completion ofthe collection and disposal services to be performed under this Agreement.
Unless otherwise extended in writing by the City, Contractor agrees to complete the
collection and disposal services as required by this Agreement.
28.0 Sovereign Immunity. Nothing contained in this Agreement shall be construed as a waiver
of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or other
limitations imposed on the City's potential liability under state or federal law.
29.0 Franchise Costs. Contractor agrees to pay the reasonable administrative and legal costs
incurred by the City in initially granting this Franchise, which shall be Three Thousand and
No/100 Dollars ($3,000.00). Payment shall be made to the City no later than thirty (30) days
from the initial effective date. In the event this Franchise is renewed, transferred or assigned,
Contractor or its successor in interest shall pay to the City the reasonable legal and
administrative costs incurred with said renewal or assignment, not to exceed Four Thousand
and No/140 Dollars ($4,000.00). Payment shall be made to the City no later than thirty (30)
days from the effective date of said renewal, transfer, or assignment.
30.0 Title to Refuse. The City shall have the right and title to all refuse, except commercial
recycling, collected by Contractor under this Agreement.
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31.0 Public Awareness Campaign.
31.1 General. Contractor agrees to provide, and assist the City in conducting, a public awareness
campaign to promote the collection and disposal services provided under this Agreement.
All materials and publications used by Contractor shall be reviewed by the City and approved
by the Authorized Representative. All materials and publications used by the City shall be
reviewed by Contractor and approved by Contractor's representative.
31.2 Automated Cart Program. Upon the effective date ofthis Agreement, the City may request
that Contractor implement a new Automated Cart Program within the service area.
Contractor shall provide communication of said service to all customers receiving the service
by direct mail, a letter to all Homeowners' Associations, and City newsletter and website.
During the implementation phase, Contractor shall also conduct a customer satisfaction
survey which shall be reported to the City in writing upon completion.
32.0 Solid Waste Disposal Sites. The Contractor shall transport all solid waste to a site or
facility that is legally empowered to accept such waste for treatment and disposal. The City
reserves the right to approve or disapprove disposal sites, at its discretion, taking into
account all pricing, type and amount of waste to be disposed, governmental regulations,
routes of Contractor, and the rules and regulations of the governmental body having
jurisdiction over such sites or facilities.
33.0 Community Involvement. The Contractor shall be actively involved in community events
that are sponsored or recognized by the City and Contractor shall budget and expend a
minimum of Five Thousand Dollars ($ 5000.00) per year. Contractor agrees to have a strong
presence in local civic clubs and organizations such as homeowners associations, local
business organizations and student organizations such as Junior achievement.
34.0 Favored Nations Clause. In the interest of fairness and enhanced service to the public,
Contractor agrees that during the term of this Agreement, Contractor shall not enter into any
contractual arrangement for like services in an area that is generally considered urban in
character, after the effective date of this Agreement, with any other municipality or county
in the counties of Seminole, Orange, or Osceola, which provides or makes available, any rate
and/or other applicable terms more favorable than that provided to the City under this
Agreement, without first making such offer available to the City. In such event, the City
shall have the option, exercisable in writing, to replace the rate and/or applicable terms stated
in this Agreement with the more favorable terms set forth in the other agreement which are
applicable to the City's situation. The City shall notify the Contractor, in writing, of the
City's election to accept such substitute rate and/or terms pursuant to an agreement amending
or replacing this Agreement.
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35.U Performance Bonus. To the extent permitted by law, beginning with the first anniversary
of this Agreement, Contractor shall be entitled to earn a performance bonus for the prior
year's collection and disposal services within the service area, provided Contractor receives
a customer satisfaction rating of ninety percent (90%) or greater. The rating shall be
determined by a competent and independent research consultant chosen bymutual agreement
of the Contractor and City. The Contractor shall pay fifty percent of the cost of retaining the
consultant. The performance bonus shall be Twelve Thousand Five Hundred Dollars
($12,500.00) per year for the first three years performance under this Agreement and Fifteen
Thousand Dollars ($15,000.00) per year thereafter.
ATTEST:
And orenzo-Luaces, City Clerk
CORPORATE SEAL:
WI ,_ ES
~,
Print Name/T'itle: ;«_;~~_C'iC?~
CITY OF WINTER SPF,.irdGS. FLORIDA:
~ ~ ~ ~"
n F. Bush, 1'~1ayo-
Date: February 15, 2006
CONTRACTOR:
WASTE PRO OF FLORIDA, INC.
By:
Print Name/Title: SQ. ~1 Ce T r('es ti ~en't
Date: ~~e~ ~tce ~ Z•OO~o
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