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HomeMy WebLinkAboutIndustrial Waste Service, Inc. IWS Franchise Agreement - 1992 12 12,,~. GOp~I FRANCHISE AGREEMENT THIS AGREEMENT is made and entered into this~~ day of 19~, by and between the City of Winter Springs, Florida (hereinafter referred to as the "City"), and Industrial Waste Service, Inc. (hereinafter referred to as "IWS"), whose address is 1099 Miller Drive, Altamonte Springs, Florida 32701, and provides as follows: WHEREAS, the City and IWS are parties to an existing Franchise Agreement dated January 4, 1989, the term of which expires at midnight on December 31, 1992; and WHEREAS, the City wishes for IWS to increase the level of service provided to the City in order to comply with various environmental regulations, including the state mandated segregation of garbage, yard trash and recyclable materials, at no initial additional cost to the City or its residents; and WHEREAS, IWS has agreed to provide such increased level of service to the City, at no initial additional cost to the City or its residents, in exchange for the City's agreement to grant IWS an exclusive franchise for the collection, transport and disposal of residential, commercial and industrial solid waste and recyclable materials, in exchange for the City's agreement to enact a Mandatory Solid Waste Collection Ordinance making utilization of IWS's services mandatory for all residential, commercial and industrial customers within the City, in exchange for the City's agreement to devise and implement a system whereby the City will be billed directly for IWS's residential services and will pass that expense on to its residents by inclusion of a line item for such services on City utility bills, and in exchange for the City's agreement to enact a Mandatory Solid Waste Collection Ordinance providing for a method to enforce and compel City residents' direct payment to IWS until such time as the billing system referred to above has been devised and fully implemented. 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: I. TERM OF AGREEMENT; RENEWAL AND DEFAULT. 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. This Agreement shall not become effective or binding on either -2- party hereto until the City has passed and adodted a Mandatory Solid Waste Collection ordinance substantially similar to that set forth in Exhibit "A" hereto, the substance of which shall be reviewed by IWS prior to first reading. Upon the passage and adoption of such a Mandatory Solid Waste Collection Ordinance by the City, this Agreement shall supersede, replace, and render null and void the Franchise Agreement between the parties dated January 4, 1989. The term of this Agreement shall commence on the effective date of the above-referenced Mandatory Solid Waste Collection Ordinance, and shall end at midnight on the 31st day of December, 1997. B. RENEWAL. The City and IWS, by mutual consent, may opt to extend this Agreement for one additional term of two years, and thereafter for additional terms of one year each. Either party which wishes to so renew this Agreement shall give the other party written notice of its intent to renew this Agreement 90 days prior to the expiration of the term then in effect. Within 60 days of receipt of such notice, the other- party shall respond in writing as to whether it agrees to such renewal. C. DEFAULT. 1. Notice of Default. IW5'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 IWS a written notice of default which notice shall set forth the specific nature of -3- the default and the extent thereof. IWS shall have sixty (60) days from the date of the notice of .default within which to correct same prior to any forfeiture of its franchise. Should TWS contest the 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. 2. Arbitration. If the City and IWS 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 IWS, and these two members shall jointly agree upon a third member. The arbitration panel shall notify the City and IWS 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. 3. Reservation of Rights. The purpose of this section is to enable the City and IWS to resolve by arbitration such differences as they may be unable to resolve by mutual agreement, and the decision of the arbitration panel shall be advisory only and shall not be binding upon either the City or IWS. Nothing contained herein shall be construed to limit or restrict the legal rights and powers of the City or IWS. II. DDTIES OF IWS. IWS promises to perform its duties hereunder in a good and workmanlike manner and in strict compliance with the Specifications for the Collection of Solid -4- Waste and Recyclable Materials attached hereto as Exhibit "B" and incorporated herein by reference as though set forth in full at this place, which Specifications shall be binding on the parties hereto. III. FIRST PRIORITY. In the event that IWS experiences equipment failure or personnel problems in its overall operations, IWS agrees to give first priority in the assignment of equipment and personnel to all routes within the City. IV. IWS'S EXCLUSIVE RIGHT TO SERVICE RESIDENTIAL DWELLINGS. During the term of this Agreement and any renewals hereof, IWS shall have the exclusive franchise for the collection, transport and disposal of residential solid waste and recyclable materials within the City and shall be the City's sole Franchisee for such services, as the term "Franchisee" is used in the Mandatory Solid Waste Collection Ordinance attached hereto as Exhibit "A". In accordance with the duties of IWS as set forth in Section II above, no collection schedule shall be less than that provided in the Specifications attached hereto as Exhibit V. IWS'S EXCLUSIVE RIGHT TO SERVICE BUSINESS COMMERCIAL AND INDUSTRIAL ENTERPRISES. During the term of this Agreement and any renewals hereof, IWS shall have the exclusive right to contract for solid waste and recyclable materials collection services with all business, commercial and industrial enterprises within the City (including Multi-Family Residential Units and mobile home parks which receive dumpster or roll off service as -5- opposed to curbside individual service), 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 IWS, and shall be the City's sole franchisee for such services as the term "Franchisee" is used in the Mandatory Solid Waste Collection Ordinance attached hereto as Exhibit "A". 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 IWS and each business, commercial or industrial enterprise; provided, however, that the maximum permissible business, commercial and industrial rates to be charged by IWS shall be established by the City. The maximum permissible business, commercial and industrial rates established by the City as of the effective date of this Agreement are $3.44 per cubic yard, although a lower price may be contracted for with any particular business, commercial or industrial customer. VI. RATES AND BILLING. • A. INTERIM METHOD FOR RESIDENTIAL BILLING BY IWS. The City agrees to devise a program, and implement said program as soon as the City deems it possible, whereby IWS will bill the City directly for all collection, transportation and disposal of solid waste and recyclable materials from Residential Collection Units, as defined in Exhibit "A" hereto, and the City will pass -6- the cost for such services through to its residents by inclusion of a line item for such services on City utility bills. Until such time as said program is actually implemented, IWS, at no cost to the City, shall directly bill the owners or occupants of all Residential Collection Units, as defined in Exhibit "A" hereto. All fees shall be billed by IWS to the owner or occupant of each Residential Collection Unit on a quarterly basis in advance, 15 days prior to the beginning of each quarter, and shall be paid by the person to whom the bill is rendered by the first day of the first month of the quarter. All persons who have not remitted payment within 25 days of the date of billing shall be sent a notice by IWS, with notice to the City, which states that service may be discontinued 5 days from the date of the notice if payment is not made before that time. If the payment still is not made within 5 days from the date of the notice, IWS may discontinue service to the customer and shall so notify the City immediately. Upon being advised by IWS that it has discontinued service to a customer for nonpayment, the City shall immediately implement oneor more of the collection/enforcement mechanisms set forth in Section of the Mandatory Solid Waste Collection Ordinance attached hereto as Exhibit "A". If the City's collection/enforcement efforts are successful, the City shall promptly remit to IWS the past due amount owed to it, but shall be entitled to retain any fines assessed against and collected from the person against whom the collection/enforcement -7- action was taken. Upon payment of the delinquent fees, whether by the City or by the customer, IWS shall recommence servicing the customer on the next regularly scheduled collection day. B. RESIDENTIAL BILLING BY THE CITY. 1. Beginning on January 1, 1993, IWS will bill the City directly for all collection, transportation and disposal of solid waste and recyclable materials from Residential Collec-tion Units, as defined in Exhibit "A" hereto, and 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. 2. IWS 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. As of the date of execution of this Agreement, the number of (~~~o Residential Collection Units~-wit in the City is NO later than January 1, 1993, the City shall provide to IWS an assessment roll or customer list setting forth the total number of Residential Collection Units to be served by IWS pursuant to this Agreement during the first quarter of calendar year 1993 and the address of each such Residential Collection Unit. Thereafter, for the duration of this Agreement and any extensions or renewals hereof, the City shall promptly notify IWS in writing of any new construction resulting in additions to the list of Residential Collection Units to be served by IWS. -8- 3. Payments due from the City to IWS for monthly service to Residential Collection Units shall be due and payable not later than the 15th day of the month following the month during which the service was rendered. 4. Beginning on April 1, 1993, and on a quarterly basis thereafter for the duration of this Agreement and any extensions or renewals hereof, the City shall provide IWS with an adjusted assessment roll or customer list, as referred to in Section VI(B)(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 IWS based upon the adjusted assessment roll or customer list. 5. In the event that IWS 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, IWS shall provide the City Manager with the location or address of the omitted Residential Collection Unit. The City Manager shall promptly take steps to verify the existence of the omitted Residential Collection Unit and IWS'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 TWS for such service. Should either the City or IWS discover that the City is erroneously paying IWS for service to a non-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 -s- payments to IWS shall be adjusted accordingly and the amount paid by City shall be remitted to the City. C. METHOD FOR BUSINESS COMMERCIAL AND INDUSTRIAL BILLING. IWS, 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 Pees shall be billed by IWS 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 IWS, with notice to the City, which states that service may be discontinued 15 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, IWS may discontinue service to the customer and shall so notify the City immediately. Upon being advised by IWS that it has discontinued service to a customer for nonpayment, the City shall immediately implement one or more of the collection/enforcement mechanisms set forth in Section of the Mandatory Solid Waste Collection Ordinance attached hereto as Exhibit "A". If the City's collection/enforcement efforts are successful, the City shall promptly remit to IWS the past due amount owed to it, but shall -10- be entitled to retain any fines assessed against and collected from the person against whom the collection/enforcement action was taken. Upon payment of the delinquent fees, whether by the City or by the customer, IWS shall recommence servicing the customer on the next regularly scheduled collection day. D. GENERAL PROVISIONS 1. Uniform Rates. The initial uniform rate for the residential service described.on the Specifications attached hereto as Exhibit "B" shall be $13.14 per month, per Residential Collection Unit, for curbside service. IWS 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 attached hereto as Exhibit "A", 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 Specifications attached hereto as Exhibit "B", IWS may impose a surcharge over the uniform rate which may either be included on the customer's utility bill or billed directly by IWS to the customer. The maximum permissible busi-ness, commercial and industrial rates presently established by the City as of the effective date of this Agreement are $3.44 per cubic yard, as set forth in Section V above. -11- 2. Increase in Uniform Rates. IWS 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 regard-ing the solid waste industry. If IWS'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 1.3 (average annual solid waste generated per Residential Collection Unit is 1.3 tons) divided by 12 equals monthly rate increase per Residential Collection Unit. IWS 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. Books of Account. IWS 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 -12- such books of account pertaining to collections made in the City shall be open to inspection by authorized City officials on reasonable notice. In addition, IWS shall provide the City with such information or documentation as the City may reasonably request in connection with any collection/enforcement actions referred by IWS to the City pursuant to Paragraph VI(A) of this Agreement. VII. PERFORMANCE REQUIREMENTS. IWS hereby guarantees performance of all of its obligations hereunder in accordance with Florida law and any City ordinances now in effect or here-inafter enacted. IWS acknowledges that it is thoroughly familiar with Florida law and City ordinances and shall abide by their specific terms. VIII.ASSIGNMENT of CONTRACT. This Agreement shall not ;be assignable by IWS without the written consent of the City Commission, such consent not to be unreasonably withheld. IX. LAWSUITS. It is expressly understood and agreed that IWS is in all respects an independent contractor as to all work to be performed hereunder, notwithstanding that directions with regard to IWS's performance hereunder may be issued from f rom time to time by the City, its employees and/or its agents. IWS 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 IWS, its agents or employees, for injury or damages to -13- persons or parties by reason Hof IWS's performance or nonperformance 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 IWS to appear and defend such action on the City's behalf. IWS 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 IWS of the franchise set forth in this Agreement and any challenges thereto. In the event of litigation between IWS 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. X. WAIVERS. None of the following shall be construed as a waiver or alteration of any of the provisions of this Agreement: A. The acquiescence, failure, or neglect of either of the parties hereto to insist on strict performance of any or all of the terms or conditions of this Agreement, or of any of the actions required hereby; B. The acquiescence, failure or neglect of either of the parties hereto to assert any remedy, damages, or other rights arising out of the other party's refusal, neglect or inability to perform any of its obligations hereunder. -14- B. TO IWS: 1099 Miller Drive Altamonte Springs, FL 32701 Attn: Thomas Daly IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth below. CITY F WI TER R GS, FLORIDA INDUSTRIAL W STE SERVIC , I C. By : By : ~. ( Name ( Name ) \\ ~ ``'' ~ (Tit e) /~/~~ll/Z~ (Title)V ~~eC'~p ~ ~ `1 C't+ . Date : 1Y~C~ , / ~~/ 9 °) ~• Date: o~- ~p~ O2627d -16- . r • .tip.: EXHIBIT "A" • FRANCHISE AGREEMENT THIS AGREEMENT, - ` made and entered into this 4,,�,, /./ day of (�/,) a-� r� , , 1988, by and between the CITY OF WINTER SPRINGS, FLORIDA (hereinafter referred to as "CITY "), and INDUSTRIAL WASTE , 1 ■ SERVICES, INC. (hereinafter referred to as "IWS "), whose address is 555 Hope Street, Longwood, Florida 32750, provides as follows: WHEREAS, it is the desire of the parties hereto to provide for '.•e the public health, safety and welfare by providing household and commercial refuse and trash collection services to the residents and business enterprises of the City; and WHEREAS, it is the intent of this Agreement to give IWS the exclusive right to pick up household and commercial refuse and trash from all residential and business locations; • ' 1 , 4 , • NOW, THEREFORE, in consideration of the mutual covenants, promises, and conditions herein contained and other valuable considerations, together with the sum of TWENTY -FIVE DOLLARS ($25.00), in •• • hand paid by each party unto the other, receipt of which is hereby acknowledged, the parties hereby agree as follows: • i ■ I. TERM OF AGREEMENT. This Agreement is an exclusive • Franchise Agreement to operate within the confines of the limits of the City of Winter Springs, Florida. The term of this Agreement shall be for three (3) years, commencing on the first day of January 1989, and ending at midnight of December 31, 1992. IWS shall give the City ninety (90) days written notice of intent to renew prior to expiration hereof. • Notwithstanding the stated term of this Agreement, the same may be ter- minated by the City if IWS' services are considered unsatisfactory, • subject, however, to first giving IWS a minimum of sixty (60) days written notice of not only its intent to cancel the contract but also stating the reasons why the City considers IWS' services unsatisfactory and giving IWS a resonable opportunity to correct these deficiencies. i." i d•. II. DUTIES OF IWS. IWS promises to perform its • • , duties in a good and workmanlike manner in strict compliance with the Specifications for the Collection of Refuse (Garbage) and Trash, as set forth in Exhibit B attached hereto and incorporated herein by •;`•J reference as though set forth in full at this place, which Specifications _`' shall be binding on the parties hereto. t III. FIRST PRIORITY. In the event that IWS experi- ences equipment failure or personnel problems in the operation of its total operation, IWS agrees to give top priority in the assignment of *. . equipment and personnel to all routes within the City. • . IV. IWS' EXCLUSIVE RIGHT TO SERVICE RESIDENTIAL . DWELLINGS. IWS shall have the exclusive right and duty to contract with i�. all single family or residence units for the collection of household refuse and yard trash. In accordance with the duties of IWS and set forth in Paragraph II above, no pickup schedule shall be less than that provided , in the Specifications attached hereto as Exhibit B. V. BUSINESS AND COMMERCIAL COLLECTIONS. IWS shall have the right and duty to contract with all business and commercial estab- lishments within the City and agrees that all types of refuse and /or trash will be picked up from business places within the City of Winter Springs, • • Florida, by special contract ,between IWS and customer only; that the . charges for such services, place of collection, quantities and items shall be by special and commercial collection contract. The maximum rates charged shall be set by the City and commercial rates shall be categorized • as: • • A. Commercial - Business and /or Condominiums - - •' $2.85 per cubic yard. An amount lower than the maximum may be negotiated by the parties. VI. CHARGES A. RESIDENTIAL. IWS, at no cost to the City, shall , ; ?•, make direct bullings and collect payment for its -2- • N services from such single family or residence units. The w. maximum charge for service level described on Specifications • attached hereto as Exhibit A shall be nine dollars ($9.00) F, per month, per family or residence unit for curb side service. 4 Side or backyard service shall only be available to disabled persons classified as such per Florida Statute criteria. The fee for side or backyard service shall be nine dollars ($9.00). All fees shall be payable to IWS by the customer upon a guar- terly basis in advance at the beginning of each quarter on or before the 15th of the next succeeding month, the first guar- terly payment beginning January 1, 1989. IWS shall be entitled . • to no rate increase during the three (3) year term of this contract. Except that a rate increase may be re d b IWS if it is or County " ko §')� ,a nd deemed a direct result of a state /mandated p necessary and appropriate by IWS and the City. Adequate justification and documentation will be required at the ' time of such request. , B. Commercial. The charges by contract for business and commercial establishments shall be set by City Council for categories stipulated in Paragraph V of this contract. C. Books. IWS shall maintain good and accurate books of account reflecting the residences and businesses from which collections are made and the payments received therefrom and • agrees that said books of account as the pertain to the City of Winter Springs, Florida shall be open to inspection by authorized City officials on an annual basis. VII. PERFORMANCE REQUIREMENTS. IWS hereby guarantees performance hereunder in accordance with Florida law and any City Ordinances now in effect or hereafter named. IWS acknowledges that it is thoroughly familiar with Florida law and City Ordinances and intends to abide by their specific terms. -3- -1 • and harmless from any and all ljabilities that may arise by reason of the injuries to any employees of IWS who are injured while performing any l ' work • or labor necessary to carry out the provisions of this contract. IWS Y Y P yy ?v shall file with the City Clerk a certificate of insurance together with ,;`'• the receipts for the payment of premiums for the term of the required policy. • • IX. ASSIGNMENT OF CONTRACT. The contract entered into herein shall not be assignable without the written consent of the City . Council, such consent not to be unreasonably witheld. X. LAWSUITS. It is expressly understood and agreed; • c , IWS is in all respects an independent contractor as to all work to be performed hereunder, notwithstanding that directions will be forthcoming •. ;i from the City, its employees and /or agents. IWS shall pay the cost of • attorneys fees and costs plus any judgement which may be obtained against ,{ • the City in any admininstrative or judicial proceedings, either alone or jointly with IWS, its agents or employees, for injury or damages to persons or party by reason or the performance or nonperformance of the terms of this contract; provided that if the City alone be sued for such injury + . or damage, notice in writing shall be given to IWS to appear and defend such action. IWS shall hold the City harmless against any damages, attorneys fees and /or costs incurred as a result of the awarding of this franchise and any challenges thereto. • XI. WAIVERS. No acquiescence, failure, or neglect, of either of the contracting parties to insist on strict performance of • • any or all of the tergi or condition of the contract, or any performance required thereunder, or of any remedy, damages, or other right arising out of such refusal, neglect or inability to perform at any time shall • not be construed to waiver or alter any provision of the contract. • XIII. SEVERABILITY. Should any part, clause, provision, • or condition of this Agreement be held to be void, invalid, or inoperative • • -4- C � by and 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 made. • XXXI. MUTUAL AGREEMENT. Each of the parties hereto agrees that the within Agreement and each and every term thereof are all of the terms existing between the respective parties, and that said Agreement shall only be amended, supplemented, or altered in writing by each of the parties through their duly authorized representative. It is further mutually agreed between the parties that the territory covered by the provisions of this Franchise Agreement cover all territory within the municipal limits of the City of Winter Springs, Florida, and any areas subsequently annexed, shall be secured within a period of sixty (60) days from the date of annexation, pursuant to the • . terms of this Agreement. IN WITNESS WHEREOF, the parties have hereunto caused these presents to be executed and their seals affixed the day and year first above written. • CITY OF WINTER SP NGS, FLORIDA , WAS • S•RIICES, INC. • • • • -5- • EXIIIIIIT "IS" SPECIFICATIONS FOR THE COLLECTION OF REFUSE (GARBAGE) AND TRASH All work done and services rendered shall be in accor- dance with the following specifications: I. DEFINITIONS. City is the City of Winter Springs, Florida. Con- tractor is the person, firm or corporation having a contract with the City of Winter Springs, Florida, for the work mentioned in these specifications. II. FREQUENCY OF COLLECTION. All refuse shall be collected at frequencies not less �! than those specified in these rules and regulations. The frequency of collection currently established as follows: A. Refuse and Trash - Twice each calendar week. The Contractor shall make the pick ups on the same days each week for each unit. If the normal pick up day falls on a spe holiday, the refuse • and trash will not be picked up until the next regularly scheduled pick • up day. Refuse and trash will not be collected on the following specified holidays: January 1st, Thanksgiving Day and December 25th, due to the • closing of Seminole County disposal sites. The contractor shall, no later than December 15 of each year, notify the City and customers of the following year's specified holidays when the disposal site will be closed. Any changes in specified holidays must be submitted to and approved by City in advance. B. Special Haul Service - For items requiring _ • special handling due to size, weight, type of material, or method • of placement, IWS will pick up same at no charge when called by customer. Additionally, IWS will schedule a minimum of four (4) pick -ups per year City wide for special haul service as defined herein. IWS shall notify all customers by mail of the scheduled pick -ups. Notification shall be at lease four (4) times per year. III PERIOD OF COLLECTION • All collection of refuse shall be made during the fol- • lowing hours: A. All collections must be made between the hours • 1 of 7:00 A.M. and 7:00 P.M., unless otherwise permitted by the City. IV. PLACE OF DISPOSAL. The Contractor, under this notice, must contemplate the removal and disposal of such refuse at a place and in a manner to be devised by the contractor, but outside the City of Winter Springs. Contractor must be prepared to prove to the satisfaction of the City Administration that he is in a position to provide such place of disposal for the period covered by this contract. i cr • f i ; • 4 : A� : V. VEHICLES USED AND CARE REQUIRED ° ;. r+ . : A,, All trucks, trailers, and other conveyances or equip- '' ,. ment used to collect refuse shall at all times be kept clean, in good;. repair, and well painted to the satisfaction of the City Administration. jy The collector's name or firm name, truck number, together with his • telephrnie number shall be printed or painted in legible letters on tf both sides of all trucks and conveyances used to collect refuse. <s B. Collection Vehicles - Type. All refuse col - lection vehicles shall be of a load packing variety capable to accom- modating refuse 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 of Winter Springs. C. Equipment Maintenance and Inspection. Contractor shall make available, for inspection by the City his collection vehicles after receiving forty -eight hour written notice of same. The inspection will include mechanical, sanitary and aesthetic factors. Deficiencies will be required to be corrected. D. Contractor's Responsibility for Cleanliness of • ' Operation. Refuse vehicles shall not be stored within the boundries of the City for more than two hours without the specific permission of the City Administration having been previously obtained, unless pre- vented from moving by mechanical difficulties. Under no circumstances are collection vehicles to be regularly stored within the City limits. The Contractor shall be responsible for cleaning from the streets and collection places all refuse spillage resulting from the Contractor's operation. Each truck shall be equipped with an adequate shovel and broom for this purpose. In addition, the Contractor shall be respon- sible for removing and cleaning all oil, grease, paint, glass or other substances upon the public streets due to equipment failure or refuse leakage resulting from refuse operations. • E. Personnel - Refrain from Use of Profanity. Contractor's employee's, in the performance of the duties herein called for shall refrain from the use of profanity, loud talk or boisterous conduct which may annoy householders, and all work done pursuant to these specifications shall be carried on with the least possible disturbance or annoyance to residents of the City. VI. PLACING OF REFUSE AND TRASH A. Residential and Commercial Refuse. Any and all • types of refuse shall be picked up from each residential and commercial unit, pursuant to the rates charged. Loose refuse shall be cut, bundled . and tied. • B. Trash. Any and all types of trash shall be picked • • • up at curb side, or equivalent location on unpaved streets, from each residential and commercial unit. Trash shall be cut, bundled and tied to insure safe and efficient pick up. • • • • • ' :i•J -2- . ✓. 19 Pc) i ' „. , ,5 C. In all cases of collection, the contractor shall T,. carefully replace containers in an upright positions, covers in place •' in their proper location after emptying. The collector, his agents and employees shall not throw containers to the ground, or in any way break ;( or roughly handle same. VII. ROUTES AND CHANGES In the event the Contractor changes his current schedules :'.F or furnishes services to a new area, he shall prepare and file with the City Administration a complete map of the refuse disposal district or districts within the City of Winter Springs. He shall indicate thereon in an appropriate and easily understandable manner and to the satisfaction and approval of the City Administration the days on which collections of refuse shall be made through the City. However, contractor shall endeavor to maintain existing collection scheduling. Contractor at his own expense shall disseminate to the public by such means as may be determined by the City Council to be necessary, , the districts and streets and the days of the week on which refuse and trash shall be collected, and the regulations governing such collection, and shall furnish to the City and adequate supply of such information. Such published notice shall first be submitted to and approved by the City Administration of the City of Winter Springs. Similar notices shall . • be published upon the making of any subsequent changes in collection schedules • Any other type of change affecting collection service shall be published and communicated to the public as required in a manner approved by the City Administration. • VIII. WORK TO BE DONE UNDER DIRECTION OF CITY COUNCIL OF THEIR DESIGNATED REPRESENTATIVE , All questions relating to the interpretation of the agreement '.. • and these specifications and the duties of the contractor hereunder shall • be determined by the City Council or their designated representative. • Contractor shall take steps to assure City that a single individual will be assigned to act as liaison with the City of Winter Springs. • IX. INSURANCE AND BONDS A. Liability and Insurance. Additionally to and • Independently of all other provisions of the Agreement, Contractor sha • at its own cost and expense, forthwith after the execution hereof, 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 individual's • property and $200,000.00 for two or more persons' property damage, issued • by insurers either approved in writing by the City or rated in Best's . as "AAA” or better, whereof City shall be the name or additionally named or additionally named insured. The terms of said policies may be for such period as shall be designated by City; provided, however, that °y within two (2) months prior to the expiration of such insurance terms, '.+ Contractor shall procure other policies of said insurance so that between .,l• h1_ the execution of this Agreement and the commencement of the Agreement, and throughout the entire contract term or any renewal thereof, or until the sooner termination hereof, City shall always be named insured under the policies of comprehensive public liability and property damage insurance in accordance with the foregoing. Certificates of said insurance, toget- her with the receipts for payment of premimums for the term thereof, shall be delivered to City within ten (10) days after the execution of this Agreement, and thereafter within thirty (30) days prior to the expir- ation of the term of each such policy. Said policies shall contain a • non- cancellation - without notice clause and shall provide that copies of all cancellation notices shall be sent to the City. • ryy B. Bond. Contractor shall post with the City and • keep in full force and effect during the term of the Agreement, a per- ' -• formance bond issued by a nationally recognized surety company which will guarantee the full and faithful performance of the terms and • conditions of this Agreement in the amount of $ 150,000.00 • which is the average figure for three (3) months of collections. i, X. ASSIGNMENT OF CONTRACT • The contract entered into herein shall not be assignable without the consent of the City Council and shall be assignable only . upon such terms and conditions as the City Council may require. XI. RATES AND CHARGES • . . Maximum rates chargeable to customers shall be established by contract between the City of Winter Springs, Florida, and Contractor. • However, no charge shall be made for collection of refuse or trash from any City building or any City containers located within the City of Winter Springs. • • • • • • • • . •