Loading...
HomeMy WebLinkAboutBrowning Ferris Industries, Inc. Franchise Agreement -1997 02 10 EXHIBIT "A" FRAN(`HISE A T FEMENT THIS AGREEMENT is made and entered into this day of February, 1997, by and between the City of Winter Springs,Florida (hereinafter referred to as the "City") , and Browning Ferris Industries, Inc. (herein referred to as B.F.I.) whose address is 1099 Miller Drive„ Altamonte Springs, Florida 32701, and provides as follows: WHEREAS, the City and Industrial Waste Services were parties to an existing Franchise Agreement dated December 12, 1992, the term of which expires at midnight on December 31, 1997; and WFIEREAS, the City and B.F.I. desire to enter into a new Franchise Agreement effective March 1, 1997. NOW, THEREFORE, in consideration of the mutual covenants, promises and conditions herein contained and other valuable considerations, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows: Y. TERM OF AGREEMENT; RENEWAL AND DEFAI , T. A. SCOPE AND TERM This Agreement is an exclusive Franchise Agreement to collect, transport and dispose of residential ,business, commercial and industrial solid waste and recyclable materials .generated within the boundaries of the City. The term of this Agreement shall commence on the first day of March, 1997, and shall end at midnight on the last day of February, 2006. B. RENEWAL.. The City and B.F.I, by mutual consent, may opt to extend or renew this Agreement Either party which wishes to extend or renew this Agreement shalt give the other party written notice of its intent to extend or renew this Agreement 36S days prior to the expiration of the term of the Agreement. Within 60 days of receipt of such notice, the other party shall respond in writing as to whether it agrees to such renewal. Any extension shall require passage of a resolution authorizing the extension by the City Commission of the City of Winter Springs, Florida. C. D ~ ~ ~~ I . LI~.~D~flult. E1.F.I.'s failure to comply in any substantial respect with any of the provisions in this Agreement shall be grounds for forfeiture of its franchise- Prior to any such forfeiture, the City shall serve upon B.F.I. a written notice of default wl7icl~ notice sf~all set forth tl~e specific nature of the default and the extent thereof. I3.f~,f. shall have sixty (60} days from the date of the notice of default within which to correct satire prior to any forfeiture of its franchise. Should Q.F.I. contest the ~' e :~ ~ ' reasonableness or propriety of the City's notice of default, it shall notify the City in writing .within ten (10) days of its receipt of the notice of default. Should B.F.I. be served with a Notice of Default for a repeat breach of the Franchise Agreement, the City Commission shall have the option to terminate this Agreement on one-hundred and eighty days (180) written notice. 2. MEDIATION. If the City and B.F.I. cannot agree as to the • reasonableness or propriety of the City's notice of default, then the issue shall be promptly submitted to a three member arbitration panel. One panel member shall.be. -~ .. selected by the City, one shall be selected by B.F.I., and these two. members shall jointly agree upon a third member. The mediation panel shall notify the city and B.F.I. of its determination of the reasonableness and propriety of the City's notice of default not later than thirty days following submission of the issue to the panel. The determination shall be non-binding and advisory only to the City and B.F.I. 3. Reservation of Rights, The purpose of this section is to enable the City and B.F.I. to resolve by mediation such differences as they may be unable to resolve by mutual agreement, and the decision of the mediation panel shall be advisory only and shall not be binding upon either the City or B.F.I.. Nothing contained herein shall be construed to limit or restrict the legal rights and powers of the City or B.F.I.. II. DUTIES OF B F B.F.I. promises to perform its duties hereunder in a good and workmanlike manner and in strict compliance with the specifications for the Collection of Solid Waste and Recyclable Materials attached hereto as Exhibit "B" of the Mandatory Solid Waste Collection Ordinance No. 537 of the Winter Springs Code of Ordinances, and incorporated herein by reference as though set forth in full at this place, which Specifications shall be binding on the parties hereto: III. ADDITIONAL Di1T S In addition to the duties described in II above, B.F.I. shall provide a special pick up day for normally scheduled yard waste and recyclable collection service days missed for any reason on the first Saturday following the missed collection day. Additionally, B.F.I. shall provide •notice of the normally scheduled day of service that will not be provided and the make up day of service by either three consecutive days publication in a newspaper of general circulation or by notice at the location of each affected customer. Both alternative forms'of notice must be completed three days prior to the normally scheduled work day that wilt be missed. lV. FIRS'T PRIORITY. In the event that B.F.I. experiences equipment failure or personnel problems in .its overall operations, B.F.I. agrees to give first priority in the assignment of equipment and personnel to all routes within the City. V. [3.f .f '~ SF~CCLi1S[V~ Ri(YHT TO SERVI E R STD NT[A DWEr r rN(:~ Uurin~ the term of this Agreement and any renewals hereof, B.F.I. shall have the exclusive franchise for the collection, transport and disposal of residential solid waste and recyclable i~~aterials within the City and shall be the City's sole Franchisee for such { services, as the 'term "Franchisee" is .used in tl~e Mandatory Solid Waste Collection Ordinance No. S37 of the Winter Springs Code of Ordinances. In accordance with the duties of B.F.I. as set forth in Section II above, no collection schedule shall be less than that provided in Exhibit "B" of Ordinance No. S37 of the Winter Springs Code of Ordinances. B.F.I. shall have the obligation of enforcing the exclusiveness of the Franchise and the,City shalt have no obligation to enforce same. VL B.F I's- EXC' .CI41VF. RTGAT Tn ~FRVTC'F B 1SINESS - OMMFR IA AND IND IST TAI, FNTF,RPRT~F,~, During the term of this Agreement and any renewals hereof, B.F.I. shall have the exclusive right to contract for solid waste and recyclable materials collection services with all business, commercial and industrial enterprises within the C'rty (including Multi-Family Residential Units and mobile home parks which receive dumpster or roll off service as opposed to curbside individual service), and agrees to collect all types of solid waste and recyclable materials from business, commercial and industrial enterprises within the City that have entered into individual contracts for such services with B.F.L, and shall be the City's sole franchisee for such services as the term "Franchisee" is used in the Mandatory Solid Waste Collection Ordinance No. S37 of the City of Winter Springs Code of Ordinances. The places and days of collection, quantities and items to be collected, and rates for such business, commercial and industrial service shall be established by individual contract between B.F.I. and each business, commercial or industrial enterprise; provided, however, that the maximum permissible business, commercial and industrial rates to be charged by B.F.I. shall be established by the City by Resolution. VII. MATES AND BILLING. A. RFSIDENTIA B T TN(Y Y TH ITS. I. B.F.I. will invoice the City directly for all collection, transportation and disposal of solid waste and recyclable materials from Residential Collection Units, as defined in the Mandatory Solid Waste Collection Ordinance No. S37 of the Winter Springs Code of Ordinances. The City will pass the cost for such services through to its residents by inclusion of a line item for such services on City utility bills. In no event shall this Franchise Agreement be deemed or construed to mean the City is purchasing anything from B.F.I. The City shat[ only be obligated to transmit those monies it collects from customers to B.F.I. 2. B.F.I. shall be entitled to payment by the City for services rendered to Residential Collection Units regardless of whether or not the City collects from its residents for such service. The City shall provide to B.F.I. an assessment roll or customer list setting forth the total number of Residential Collection Units to be served by B.F.I.. pursuant to this Agreement and the address of each such Residential Collection Unit for the duration of this Agreement and any extensions or renewals hereof. The City shall promptly notify I3.F.[. in writing of any new construction resulting in additions to the list of Residential Collection Units to be served by [3.E~.1.. 3. Payments due from the City to B.F.I. for collections for monthly service to Residential Collection Units shall be due and payable not later than the 1 Sth clay of the month following the month during which the service was rendered 4. On a quarterly basis for the duration of this Agreement and any extensions or renewals hereof, the City shall provide B.F.I. with an adjusted assessment roll or customer list, as referred to in Section VI(1) above, to reflect any new construction resulting in additions to such list during the prior quarter and from that date forward the City shall be billed by B.F.I. based upon the adjusted assessment roll or customer list. 5. In the event that B.F.I. discovers that it is providing service to a Residential Collection Unit that is not included on the most recent assessment roll or customer list provided by the City, B.F.I. shall provide the City Manager with the location or address of the omitted Residential Collection LJnit. ,The City Manager shall promptly take steps to verify the existence of the omitted Residential Collection Unit and B.F.I.'s provision of service to such omitted Residential Unit and, upon verifying .that the information is correct, the City shall immediately begin remitting monthly payments to B.F.I. for such service. Should either the City or B.F.I. discover that the City is erroneously paying B.F.I. for service to anon-existent Residential Unit, the discovering party shall immediately notify the other party and, upon verification of the information by the other party, the City's payments to B.F.I, shall be adjusted accordingly and the amount paid by City shall be remitted to the City. B: LVIETHOD FOR BUSIiVES~~'~MMERC'IA.L AND INDTIST A>~, BIi,L.TNG. B.F.X., at no cost to the City, shall directly bill all business, commercial and industrial enterprises with which it has contracted to collect, transport and dispose of solid waste and recyclable materials. All fees shall be billed by B.F.I. to the owner or occupant of each business; commercial or industrial enterprise on a monthly basis in advance, 15 days prior to the beginning of each month, and shall be paid by the person to whom the bill is rendered by the first day of the month for which the bill is rendered. All persons who have not remitted payment within 30 days of the date of billing shall be~sent a notice by B.F.I., with notice to the City, which states that service may be discontinued I S days from the date of the notice if payment is not made before that time, If the payment still is not made within 15 days from the date of the notice, B.F.I. may discontinue service to the customer-and shall so notify the City immediately. B.F.I. shall have the responsibility for enforcing its collection efforts and terms of this agreement, for commercia! and residential accounts. C. GENERAL PROVISIONS 1. Urriforrn Rates.. The ,uniform rate for the residential and commercial services provided by I3.F.l, are described in City of Winter Springs Resolution No. 812 attached hereto as Cxhibit "13". B.F.[. shall only be required to provide side or back yard service to Residential Collection Units occupied by disabled persons under the conditions set __ ~, forth in the Mandatory Solid Waste Collection Ordinance No. 537 of the Winter Springs Code of Ordinances, and shall not charge such persons more than the uniform rate established for each Residential Collection Unit. For residential customers who desire curbside service that cannot be provided by truck and requires the use of tote carts, or for any other special service not provided for in the Mandatory Solid Waste Collection Ordinance No. 537 City of Winter Springs Cade of Ordinances, Exhibit "B". B.F.I. may impose a surcharge over the uniform rate which may either be included on the customer's utility bill or billed directly by B.F.I. to the customer. 2. >Increa~` in Uniform Rates. B.F.I. shall be entitled to request an extraordinary adjustment of both the uniform rate for Residential Collection Units and the maximum permissible business, commercial and industrial rates if the request is due to an increase in its cost of doing business which is a direct result of an increase in landfill tipping fees or of compliance with new county, state or federal regulations regarding the solid waste. industry. If B.F.I.'s request for a rate adjustment is due to an increase in the landfill tipping fees charged by Seminole County, the rate per Residential Collection Unit shall be increased according to the following formula: Total amount of landfill tipping fee increase per ton of solid waste multiplied by 1.369 (average annual solid waste generated per Residential Collection Unit is 1.369 tons) divided by' 12 equals monthly rate increase per Residential Collection Unit. B.F.I. shall provide adequate documentation and justification for any extraordinary rate adjustment requested pursuant to this section and such request shall be approved by the City via ordinance, resolution„ amendment to this Agreement, or other appropriate mechanism„ absent reasonable cause for refusing to approve such request, 3. Annu C.P.Y. Beginning March 1, 1998 and every year there after B.F.I. shall be entitled to an annual C.P.I. adjustment not to exceed 2.5% based upon the increase in the C.P.I. over the past 12 month period. 4. k'avored Nations Clause. The City of Winter Springs Rate Schedule should be adjusted to a rate equal to that provided to any municipal government in Seminole, Orange and Osceola Counties during the duration of this Agreement by B.F.I. which is Lower that provided for in this Agreement. 5. Perf rmanc~ Bonus. To the extent provided by law, beginning March 1, 1998, B.F.I. shall be entitled to a Performance Bonus for the performance of the company over the prior twelve month period of the Agreement s determined by a customer's satisi'action rating of 90% or greater as performed by a competent independent market research consultant chosen mutually by B,f.l. and the City. A - `.i . `, T}ie performance bonus shall be in the amount of $10,000 for years one, two and three of the agreement, $12,500 for years four, five and six of the agreement, and $15,000 for years seven, eight and nine of the agreement.. 6. P~~rformance BcZn~, B.F.I, shall post with the City and keep in full force and effect during the term of this Agreement a performance bond issued by a nationally _ recognized surety company which will guarantee the full and faithful performance of B.F.I.'s duties and obligations under the Agreement in an amount equal to the average yearly revenues derived by B.F.I. for the twelve month period preceding March 1st of each contract year. 7. Books of AC~ount. B.F.I. shall maintain good and accurate books of account reflecting the Residential Collection Units and business, commercial or industrial enterprises from which collections are made and the payments received therefrom. All such books of account pertaining to collections made in the City shalt be open to inspection by authorized City officials on reasonable .notice. In addition, B.F.I. shall provide the City with such information or documentation as the City may reasonably request in connection with any collection/enforcement actions referred by B.F.I. to the City pursuant to Paragraph VI(A) of this Agreement. VIII. PERFORMANCE REO(T~REMENTS. B.F.I. hereby guarantees performance of all of its obligations hereunder in accordance with Florida law and any City ordinances now in effect or hereinafter enacted. B.F.I. acknowledges that it is thoroughly familiar with Florida law and City ordinances and shall abide by their specific terms. IX. A,SSICNMENT OF CONTRACT. This Agreement shall not be assignable by B.F.I. without the written consent of the City Commission. X. LAWSUITS. It is expressly understood and agreed that B.F:I. is in all respects an independent contractor as to all work to be performed hereunder, notwithstanding that directions with regard to B.F.I.'s performance hereunder may be issued from time to time by the City, its employees andJor its agents. B.F.I. shall pay any attorney's fees and costs incurred by the City plus any judgment which may be obtained against the City in any administrative or judicial proceedings, either alone or jointly with B.F.I., its agents or employees, for injury or damages to performance or persons or parties by reason of B.F.I.'S non performance of 'its obligations under this Agreement; provided, however, that if the City alone is sued for such injury or damage, written notice shall be given to B.F.I. to appear and defend such, action on the City's behalf. B.F.I. shall hold the City harmless against any damages, attorney's fees and/or costs incurred by the city as a result of the City's award to B.F.I. of the franchise set forth in this Agreement, any challenges thereto and any work performed by B.E.I. pursuant to the Franchise Agreement. In the event of litigation between B.1~.1.. and the City arising out of or relating to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to recover all of its costs and attorney's fees at the trial and all appellate levels from. the other party. Venue for any cause of action arising hereunder shall be in the Circuit Court of Seminole County, Florida. n -. j~ X1. WAIVERS. The failure of either side to enforce a term of this agreement shall not be constn.red as a waiver of either sides rights to require enforcement or to declare a default. XII. SEVERAI3ILITY. Should any part, clause, provision, or condition of this Agreement be held to be void, invalid or inoperative by any court of competent jurisdiction, then such invalidity shall not affect any other provisions hereof, .and .the remaining provisions shall be effective as though such invalid part, clause, provision or condition had not been set forth herein. XIII. N~j.~'LJAL AGREEMENT. B.F:I. and the City agree that this Agreement sets forth the entire agreement between them with regard to the subject matter hereof, and that this Agreement shall only be amended, supplemented or altered by a written instrument executed. by both of the parties hereto through their duly authorized representatives. XIV. NOTICES. Any notices required or permitted to be given by one of the parties to this Agreement shall be sent in writing to the other via U.S. Mail, hand-delivery or telefax, as follows:. A. TO THE CITY: Winter Springs City Manager 1126 East State Road 434 Winter Springs, Florida 32708 with a copy to Winter Springs City Clerk 1126 East State Road 434Winter Springs, Ftocida 32708 B. TO B.F.I.: 1099 Miller Drive Altamonte Springs, FL 32701 XV. In the event any new laws or regulations are passed by any governmental body, the parties shall mutually negotiate in good faith to resolve tl~e impact on tl~e parties. In the event tl~e parties cannot agree to a mutually satisfactory resolution, either side may submit the matter to fi mediator as provided in paragraph C-2 of this agreement. In the event tlic parties are unable to resolve the issue(s) after mediation, either side may terminate this agreement upon one-hundred and eighty (180) days written notice. n-7 XVL. The City"'reserves the right to enforce any terms of this Franchise Agreement and to amend Ordinance No. 537 as it deems in the best interest of the public's health, safety and welfare. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth below. CITY WINTER SPRINGS, FLORIDA By:. (Name). (Title) BROWNING-FERRIS INDUSTRIES, INC. By: (Name) (Title) Date: Date: A-8 .t,:: .. ,~/,~~9z ORDINANCE NO. 537 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA RELATING TO THE COLLECTION OF SOLID WASTE AND RECYCLABLE MATERIALS; PROVIDING FOR MANDATORY CONFECTION; PROHIBITING THE REMOVAL OF RECYCLABLE MATERIAL FROM CONTAINERS; PROVIDING FOR A SOLID WASTE COLLECTION. RATE RESOLIITION; PROVIDING FOR ENFORCEMENT AND PENALTY PROVISIONS; PROVIDING -FOR CODIFICATION, CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. WHE]:tEAS, the City of Winter Springs-finds it in the public interest to ensure that all areas within its limits are provided with high quality collection of solid waste and recyclable materials; WHEREAS, .the City of Winter- Springs finds it in the public interest to ensure compliance with county and state regulations to protect the environment by prudent use of limited resources; WHER]~AS, the Solid Waste Management Act of 19$9 mandates participation in recycling for counties and municipalities and places certain restrictions on the type of solid waste that may be disposed of in landfills; WFiERF'AG, the City of Winter Springs finds it' in the public interest to establish a comprehensive. mandatory solid waste collection and recycling program and to provide for the success of such program by establishing regulations for its implementation; and WHEREAS, in order for' the collection of solid waste and recyclable materials to be accomplished in an economical and .~ safe manner, the ,collection shall be made exclusively by the City or its Franchises.; THE CITY OF WINTER SPRINGS HEREBY ORDAINS: SECTION 1 AUTHORITY. The City Commission of the City of Winter Springs has the authority to adopt this ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapters 166, 180 and 403, Florida Statutes. SECTION 2 DEFINITIONS. As used in this Article, and unless the context specifically indicates otherwise, the following terms and phrases shall be defined and construed to mean as follows: (a) "Business, commercial ar industrial enterprise" - All business premises, commercial premises, industrial premises°and construction or demolition sites on which solid waste is produced or accumulated, including mobile homes and Multi-Family Dwelling Units receiving dumpster, roll off or compactor solid waste collection service (as opposed to individual service for each unit), which do not meet the definition of Residential Collection Unit. (b) "Construction and demolition debris" - Non-hazardous solid waste generally considered. not to be water soluble, including, but 'not limited to, steel, concrete, .glass, brick, asphalt roofing material, pipe, gypsum wall board and lumber from -2- a construction or demolition ,site. Contamination of construction and demolition debris with any yard trash or landscaping debris, or. with any amount of other types of solid waste including material which is not from the actual construction or demolition of a structure, will cause it to be classified as solid waste. (c) "Dwelling Unit" - All units with kitchen facilities in any single family, duplex, triplex, or multi-family residential building or structure,. including mobile homes. (d) "Franchisee" - Any person or entity to whom the City has granted an exclusive franchise for the collection of solid waste and recyclable materials. (e) "Garbage" - All solid and semi-solid kitchen refuse subject to decay and all putrescible animal and vegetable waste resulting from growing, processing, marketing and preparation of food items, including the containers in which such items are packaged, as well as all items not defined herein as "yard trash" which are customarily generated in a normal residential household. (f) "Industrial wastes" - Any solid wastes generated by manufacturing or industrial processes that are not hazardous wastes, but which, because of their volume or nature, do not lend themselves to Collection, incineration, or disposal comingled with ordinary solid waste; or which, because of their nature and surrounding circumstances or for reasons of safety or health, should be handled as a special solid waste. -3- • ,. ' . , (g) "Multi-Family Dwelling Unit" - A11 individual units with kitchen facilities located in any building or structure capable of being utilized for residential living and containing four or more units under one roof, exclusive of motel or hotel units. (h) "Recyclable Materials" - Newspaper, glass, aluminum, steel cans, plastic bottles, and such other solid waste materials capable of being recycled as may.. be designated from time to time by the City. (i) "Residential Collection Unit - All Dwelling Units, mobile homes and Multi--Family Dwelling Units receiving individual solid waste collection for each unit or mobile home. Mobile homes and Multi-Family Dwelling Units receiving dumpster or roll off collection service as opposed to individual service shall be excluded from the definition of Residential Collection Unit. (j) "Roll off container" - ..Any container used for the collection and storage of construction and demolition debris, landclearing debris or other waste that can be picked up and transported on a specially equipped truck to the disposal site. (k) "Solid Waste" - All discarded, non-hazardous, solid waste material. resulting from domestic, business „ commercial and industrial operations including, but not limited to, garbage, yard trash, and industrial wastes. (1) "Yard Trash" -- Vegetative matter resulting from yard and landscaping maintenance including tree and shrub trimmings, grass clippings, and palm fronds or small tree branches not exceeding four feet in length and four inches in diameter. -4- SECTION 3. Solid Waste Collection - Generally. (a) The City shall collect, or cause to be collected through issuance or renewal of a negotiated franchise, all solid waste and recyclable materials at regular intervals to be deter-mined by the City. (b)-All occupants or owners of Residential Collection Units in .the City shall be required to have solid waste and recyclable materials removed and disposed of by the City or its Franchisee and for such service, or the availability of such service., shall pay the City or its Franchisee such uniform rares as may be set by resolution of the City Commission. occupants or owners of .Residential Collection Units or Dwelling Units .who are members of a homeowner's association which, as of the effective date of this ordinance, has in place a self owned and operated solid waste collection system that complies with all applicable local, state and federal laws and regulations shall be exempt from the provi-sions of -this ordinance; provided, however, that should such self owned and operated solid waste collection system ever be discontinued, all Residential Collection Units and Dwelling Units previously served- thereby shall immediately be subject to this ordinance. All occupants or owners of business, commercial or industrial enterprises shall be required to have solid waste and recyclable materials removed and disposed of by the City or its Franchisee and for such service shall pay the City or its t -5- Franchisee such fees as may be negotiated between the Franchisee and the individual customer, subject to the maximum permissible business and commercial rates set by resolution of the City commission. (c) The City shall by resolution establish uniform rates for all Residential Collection Units, and maximum permissible rates ` for all business, commercial- and industrial enterprises, regarding the collection of solid waste generated in the City. .Such collection rates shall be reviewed and adjusted periodically as may be necessitated by changes in operating costs and administrative costs incurred by the City and/or its Franchisee, changes in landfill tipping fees, and other costs.. changes associated with compliance with county, state, or federal environmental regulations. This resolution shall be known as the. "Solid Waste Collection Rate Resolution." (d) All solid waste or recyclable materials generated by all Residential. Collection Units and business, commercial or industrial enterprises in the City shall be collected, transported and. disposed of only by the City or by its Franchisee. No person shall collect, transport or dispose of any solid waste yr recyclable materials generated in the City without a written contract, license, franchise or permit from the City. This subsection shall not prohibit haulers of solid waste t generated or .accumulated outside the City from transporting the -6- same over the streets of the City, provided that such haulers comply with-this Article and with all other laws and ordinances governing the transport of such materials. (e) The City's Franchisee shall have the authority to suggest such regulations governing the days and regulations for collection of solid waste and recyclable materials as it may deem necessary, and to suggest changes and modifications to such regulations to the City. _ Comm]ssi.on., .provided ~ that-- -such changes and modifications. are not contrary to this Article and are in compliance with any applicable franchise agreement. (f) The owner of each Residential Collection Unit or business, commercial or industrial enterprise, jointly and severally with the occupant (if other than the owner), shall be liable for the payment of the fees provided for in this Article and in the Solid Waste Collection Rate Resolution regardless of whether the unit is occupied or whether the owner or occupant utilizes the collection services provided for herein. (g) In-the event that all individual units in a Multi-Family Dwelling Unit or mobile homes in a mobile home park do not receive. individual collection service from the City or -its residential Franchisee, the owner of such mobile home park or Multi-Family Dwelling Unit complex who leases individual residential units or mobile home lots to tenants shall contract directly with the City's Franchisee to provide solid waste and recyclable materials collection, transportation and disposal _~_ services to all tenants. Such services shall include a sufficient number ,of commercial or industrial size dumpsters or roll off containers to adequately accommodate the volume of solid waste and recyclable materials generated by the property and its tenants. SECTION 4. Regulations Regarding Residential Collections.~'~ (a) All solid waste and recyclable materials to be collected from Residential Collection Units. shall be placed within three feet of the curbside or roadside in a location that provides safe and efficient access for the collection crew and vehicle. Where the occupant of a Residential Collection Unit is disabled or physically unable to deliver solid waste or recyclable materials to the curbside or roadside, There is no other person occupying the Residential Collection Unit physically able to do so, and these conditions are certified to the Franchisee by the City, a back yard or side yard location for collection (visible from the street) may be arranged at no extra cost to the resident. (b) Each resident is required to .furnish garbage containers that are adequate to hold all types of garbage, consisting of light gauge steel, plastic or galvanized receptacles of a non-absorbent material, closed at one end and open at the other, furnished with a closely fitted lid and handles or, in the alternative, heavy duty waterproof plastic bags which can be securely closed. No garbage container shall exceed thirty-two gallons in capacity or fifty pounds in weight. No oil drums shall be used as garbage containers. _g- (c) The City shall provide recycling containers for depositing recyclable materials at curbside or roadside for collection: Only recyclable materials, as defined in Section 2 of. this Code, shall be deposited in such recycling containers. A11, recyclable .materials must be deposited in the recycling containers. Excess newspapers shall be put in a paper bag, or- securely tied in a bundle, and placed on top. of or immediately next to the recycling container. (d) All yard trash shall be bundled and tied or placed in bags or garbage containers as defined in subsection 4 (b) above. (e) No hazardous. materials or materials which are prohibited by law from being disposed of in a landfill shall be deposited in any collection or recycling container, ar shall otherwise be left at curbside or roadside for collection. The owners and occupants of Residential Collection Units are solely responsible for the preder disposal of such materials and the City and its Franchisee may refuse to collect any such materials. (f) All other regulations regarding the collection of solid .waste and recyclable materials from Residential Collection Units shall be established by resolution of the City Commission, with the advice and input of its Franchisee. Sec. 5 Prohibited Acts; Penalties for Offenses. (a) Except as provided in this Article, it shall be unlawful and a violation of this Code for any person other than the City and its Franchisee to do any of the following: -9- (1)V Engage in the for profit collection, transportation or dispasal of solid, waste or recyclable materials generated by any Residential Collection Unit or business, commercial or industrial enterprise in the City. (2) Remove solid waste or recyclable materials from any collection or recycling container, collection location or curbside. (3) Place or cause to be placed out for collection any solid waste or recyclable materials in a location not serviced by the City om its Franchisee. (4) Place or cause to be placed any solid waste or recyclable materials upon the property of another. (5) Offer or authorize solid waste or recyclable materials for collection, transport or dispasal by any person other than the city or its Franchises; provided, however, that voluntary and non-profit organizations. .may collect recyclable materials for charitable, philanthropic or fundraising purposes~so long as such materials are not removed from containers after placement for collection by the City or. its Franchisee. (6) Failure to make timely payment to the. City or its Franchisee. for the services made available pursuant to this Article. ° (7) Do any-act. prohibited, or fail to do any act required, by this Ordinance. -io- (b) The penalties for any violation of the provisions of this Article are as provided for by law. (3) The City at its option may utilize. its Code Enforcement Board and the procedures set forth in Chapter 2, Article III,. Division 2 of this Code for enforcement of this Article. (c) The City or its Franchisee may discontinue service to an. owner or occupant of any Residential Collection Unit or business, commercial or industrial enterprise who fails to comply with any of the provisions of this Article or any regulations promulgated pursuant to this Article, including those relating to payment. The City shall have the authority, however, to direct its Franchisee to continue service notwithstanding any delinquency in payment upon written assumption by the City of the delinquency and any additional fees which accrue. by virtue of the Franchiseers continued service. SECTION 5 - CONFLICTS. All other ordinances or parts thereof in conflict with any of the provisions of this ordinance are hereby repealed. SECTION 6 - SEVERABILITY. If any Section or portion of a Section of this Ordinance proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other Sections or parts of this Ordinance. --11- SECTION 7 - EFFECTIVE DATE. ~n 3 ~~ 'fir ~~~ ~- ~~ This Ordinance shall become effective on_--~z FIRST READING this ~,~--day o f ,~ /v , , 19 ~j' ~ . , SECOND .AND FINAL READING, AND ADOPTION this 1!~~--~ day Attest: City Clerk 02626d -12- SPECIFICATIONS FOR THE COLLECTION OF SOLID WASTE AND RECYCLABLE MATERIALS All work performed and services rendered in connection with the attached Agreement shall be in accordance with the following specifications: I. DEFINITIONS. "City" is the City of Winter Springs, Florida. "Franchisee" is the person, firm or corporation having:a contract with the City for the work referred to herein. II. FREQUENCY OF RESIDENTIAL COLLECTION. a. Standard weekly collections. All residential solid waste and recyclable materials sYfa11 be collected at frequencies not less than those specified herein. Franchisee shall make-the collections at each location on the same days each- week for each~of the following categories of material: (1) garbage; two collections per week; (2) yard trash, one collection per week; and (3) recyclable materials, one collection per week. If a normal collection day falls o'n one of the following specified holidays on which Seminole County landfill disposal sites are closed (or any other day on which Seminole County landfill disposal sites are closed unexpectedly), the materials will not be collected on that day but will be collected on the next regularly scheduled collection day: January 1st; Thanksgiving Day; and December 25th. Franchisee shall, no later than December 15th of each year, notify the City and its customers. of the following year's specified holidays when the disposal sites will be closed. Any changes to specified holidays must be submitted to and approved by the City in advance. b. Special. haul service. For items requiring special handling due to size, weight, type of material, or method of placement, Franchisee will collect same when called by the customer at a rate to be negotiated between Franchisee and the customer. Discarded appliances, household furnishings generated from residential customers shall be collected within seventy-two hours of ter notification by customer. Appliances and furniture must be placed at the usual accessible pickup location for Exxznz~r n residential collection service. No .additional charge shall be made for the collection of appliances and household furnishings. III_ TIME OF COLLECTION_ All collection of solid waste and recyclable materials shall be made between the hours of 7:00 a.m. and 7:00 p,m., unless otherwise permitted by the City. IV. DISPOSAL SITES. Franchisee shall accomplish the removal and disposal of all solid waste and recyclable materials at an approved site-and in a manner of its own choosing so long as said site is outside the. geographical limits of the City. If, during the term of this Agreement, Seminole County opens a landfilLdisposal site within the City's limits, Franchisee may dispose of materials in such site. Franchisee shall be prepared at all. times to demonstrate to the satisfaction of City Manager that it is able to provide a suitable site for disposal during the term of this Agreement. V. VEHICLES USED AND CARE REQUIRED. a. Collection vehicles; condition. All trucks, trailers and other equipment used to collect materials shall at all times be kept clean, in good repair, and well painted, to-the satisfaction of the City Manager. .The Franchisee's name and telephone number shall be .printed or painted in legible letters on both sides of all trucks and conveyances used to collect materials. b. Collection vehicles; type. All garbage and yard trash collection vehicles shall be of a load packing variety capable of accommodating material up to twenty-four inches in , length', with watertight bodies so that no material shall leak or be spilled-from. the vehicles on the streets or alleys of the City. , c. Equipment maintenance and inspection. Franchisee shall make available for inspection by the City, upon forty-eight hours written notice, its collection vehicles used within the City. Such inspection may include mechanical, sanitary and aesthetic factors. Deficiencies will be required to be corrected. '2 d. Franchisee's responsibility for cleanliness of operations. Collection vehicles shall not be stored within the boundaries of the City for more than two hours without the specific permission of the City Manager, unless the vehicle is incapable of being moved as the result of mechanical difficulties. Under no circumstances are collection vehicles to be regularly stored within the City limits. Franchisee shali~be •~' responsible for cleaning from the City streets and collection ~~ locations all spillage resulting from the Franchisee's operations. Each collection vehicle shall be equipped with an adequate shovel and broom for this purpose. In addition, Franchisee shall. be responsible for removing and cleaning all glass or other materials or substances deposited on the City's streets in the course of Franchisee's collection operations as a result- of equipment failure or leakage. e. Conduct of personnel. Franchisee's employees, in the performance of the duties called for in this Agreement, shall refrain from the use of profanity, loud talk or boisterous conduct which may annoy the City's residents, and all work done pursuant to this Agreement shall be carried on with the least possible disturbance or annoyance to residents- of the City. VI. PLACING AND COLLECTION OF MATERIALS: a. Placing and commercial gargage. Garbage shall be placed by all residential customers at curbside (or in the back or side yard in the case of disabled residential customers; see Section of Solid. Waste Collection Ordinance). in bags or cans, and shall be collected by Franchisee from each. Residential Collection Unit. Garbage shall be placed by all business or commercial customers in dumpsters or roll off boxes provided by Franchisee,~and shall be collected. by Franchisee from all such business or commercial establishments. b. Yard trash. Yard trash shall be placed by all residential customers at curbside, and shall be collected by Franchisee from each Residential Collection Unit. c. Recyclable materials. Recyclable materials shall 3 be placed by all customers at curbside for in the back or side yard in the case of disabled residential customers; see Section of Solid waste Collection Ordinance) in recycling containers to be provided by the City or by Franchisee, and shall be collected by Franchisee from each Residential Collection Unit and from each business or commercial establishment that has individually, contracted for Franchisee's services. d. Replacement of containers. Franchisee shall carefully replace all collection and recycling containers at curbside (or in the back or side yard in the case of handicapped. residential customers; see Section of Solid Waste Collection Ordinance) in an upright positiAn with covers (if any) in .place. Franchisee and its agents and employees shall not ' throw collection and recycling containers to the ground or. roughly handle same. VII. COLLECTION ROUTES, CHANGES AND REGULATSONS. In the event that Franchisee changes its current schedules or furnishes services to a new area within the City,. it shall prepare and file with the City Manager a complete map of all collection districts or zones within .the City. Franchisee shall indicate thereon in an appropriate and easily understood manner, to the satisfaction of the City Manager, the days on which collections will be made in each district or zone. Tv the extent possible, Franchisee shall endeavor to maintain existing collection scheduling. Franchisee shall. at its own expense disseminate to the public, by such means as may be determined by the City Commission to be~necessary, the days of the week on which collections of each type of material (i.e. garbage, yard trash and recyclable materials) shall be collected in each district or zone, and the regulations governing such collection. Franchisee shall also furnish the City :with an adequate supply of such informational materials. All such informational materials shall be submitted to and approved by the City Commission prior to being disseminated to the public, upon the making of any substantive 4 changes in collection schedules or regulations. VIII., WORK TO HE DONE UNDER DIRECTION OF CITY COMMISSION OR ITS DESIGNATED REPRESENTATIVE. All. questions relating to the interpretation of this Agreement, these Specifications, and Franchisee's .duties hereunder shall be directed to the City Commission or its designated representative, and .Franchisee shall take steps to designate a single individual to act as its primary liaison with the City. IX. INSURANCE AND BONDS. a. .Liability and insuranc.~... In addition to and independent of all other provisions of the Agreement, Franchisee shall, at its own cost and expense, forthwith after the execution of .this Agreement, procure a policy or policies of comprehensive public liability and property damage insurance, with limits of ,not less than $5,000;000.00 for injuries to or death of any one person and $10,000,000.00 for injuries to or death. of any two or more persons, and $100,000.00 for damage to one person's property and $200,000.00 for damage to two or more person's property. Such policy or policies shall be issued by insurers either approved in writing by the City or rated in Best's as "AAA" or better, and shall list the City as named insured or additional named insured. The terms of said policies may be for such period as shall be designated by the City; provided, however, that. within two months prior to the expiration of such insurance policies, Franchisee shall renew-said policies or procure other policies so that between the execution of this Agreement and its effective date, and throughout the entire term of this .Agreement and any renewals hereof, the City shall always be a named insured or additional named:insured under the policies of comprehensive public liability and property damage insurance referred to in the Specifications. certificates of .the insurance coverage referred to herein, S V ' together with the receipts for payment of premiums for the term thereof, shall be delivered to the City within ten days after the execution of this Agreement, and thereafter during the term of this Agreement within ~hirty days prior to the expiration of the term of such insurance policies. Such policies shall contain a non-cancellation-without-notice clause and shall provide that •~ copies of all cancellation notices shall be sent to the City. b. Bond. Franchisee shall post with the City and keep in full force and effect during the term of this Agreement a performance bond issued by a nationally recognized surety company. which will guarantee the full and faithful performance of Franchisee's duties and obligations under this .Agreement and these Specifications, in the amount of $ `,7C~ C~l.~~ • which is the average figure for gross revenues derived by Franchisee over the. last three months of Franchisee's operations in the City immediately preced~.ng the execution of the Agreement. 1:223/wsspec.exh 6 ' -~ RESOLUTION NO. 812 A RESOLUTION OF THE CITY ~ OF WINTER SPRINGS, FLORIDA AMENDING RESOLUTION NO. 721, THE SOLID WASTE COLLECTION RATE RESOLUTION OF THE CITY OF WINTER SPRINGS, FLORIDA, CONFLICT, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, The City Commission of the City of Winter Springs, Florida, adopted Resolution No. 721 the Solid Waste Collection Rate Resolution, and WHEREAS, Ordinance No. 537 as amended requires the rates to be set by Resolution, and WHEREAS, the City desires to establish a new rate structure with its Franchisee, NOW THEREFORE, the City Commission of the City of Winter Springs, Florida hereby resolves that: Section I: Section One of Resolution No. 721 is amended to read as follows: a) Residential Collection "Contractor Rates" shall be as described in Table I attached. b) Residential "Customer Rates" shall be as described in Table II attached. Section II: Section Two of Resolution No. 721 is amended to provide for commercial rates provided in Table III attached. Section III: Any Resolution in conflict with the provisions of this Resolution are hereby expressly repealed to the extent of said conflict. . Section N: This Resolution shall take effect upon passage, adoption and effect of Ordinance No. 649. Passed and adopted this ~O~day of February ^, 1997. f~'rr~s~r: _ _~ ity Clerk TABLE I Solid Waste Collection Contractor Rates Effective March 1, 1997 TWICE WEEKLY GARBAGE COLLECTION $4.64 ONCE WEEKLY YARD TRASH COLLECTION $1.33 ONCE WEEKLY RECYCLABLES COLLECTION $1.58 TOTAL COLLECTION (1) $7.55 DISPOSAL (2) $4.10 TOTAL COLLECTION AND DISPOSAL $11.65 (1) DISPOSAL RATES ARE 100% PASS THROUGH AND SHALL 8E ADJUSTED ACCORDINGLY UPON CHANGES IN LAND FILL TIPPING FEES. (2) BEGINNING MARCH 1, 1998 AN ANNUAL C.P.I. ADJUSTMENT-NOT TO EXCEED . . 2.5% WILL BE APPLfED TO THE COLLECTION RATE. TABLE it SOLID WASTE COLLECTION CUSTOMER RATES SOLID WASTE COLLECTION - $7.55 SOLID WASTE DISPOSAL $4.10 CUSTOMER SERVICES $0.65 FRANCHISE FEE $0.35 RATE STABILIZATION (1) $1.03 TOTAL CUSTOMER RATE $13.68 (1) THE RATE STABILIZATION COMPO{JENT OF THE RATE WILL BE REDUCED AS THE C.P.f. ADJUSTMENTS ARE MADE AND IF INCREASED LANDFILL DISPOSAL FEES ARE EXPERIENCED. TABLE ILI CITY OF WINTER SPRINGS COMMERCIAL RATES EFFECTIVE MARCH 1, 1997 1X 2X 3X 4X 5X 6X 2yd 31.70 63.39 95.07 126,78 158.48 190.17 3yd 47.54 95.08 142.62 190:16 237.70 285.24 4yd ti3.39 126.78 190.17 253.56 316:95 380.34 6yd 95.03 190.1b 285.24 330.32 475.40 570.48 8yd 126.78 253.56 380.34 507.12 633.90 760.68 Whls - 6.00/mt)~ Locks - 2.50 each/15.00 max, Gates - 2.50 each/15.00 max Roll-offs: 20 = X130.00 30 = $140.00 40 = $155.00 plus dump 525.00 deliv ery NOTE: BEGINNING MARCH 1, 1998 AN ANNUAL C.P.I. ADJUSTMENT NOT TO EXCEED 2.57 WILL BE APPLIED TO THE COLLECTION DATE.