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HomeMy WebLinkAboutOrdinance 206 H&W Refuse ORDINANCE NO. 206 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA AUTHORIZING THE RENEWAL OF THE REFUSE CONTRACT BETWEEN THE CITY OF WINTER SPRINGS, FLORIDA AND H & W REFUSE SERVICE, INC.; SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. WHEREAS, pursuant to the provisions of Section 4.14 of the City Charter the City can only renew or extend a franchise by Ordinance. WHEREAS, H & W REFUSE SERVICE, INC. has requested that the City renew that certain refuse contract between the City and H & W dated January 1, 1976 pursuant to the terms contained therein. WHEREAS, the City has determined that it would be in the best interests of the City to renew such franchise and that the service provided has been satisfactory. NOW, THEREFORE, the City Council of the City of Winter Springs, Florida hereby ordains: SECTION I: That pursuant to the terms contained in the Agreement between the City of Winter Springs, Florida and H & W Refuse Service, Inc. dated January 1, 1976 (a copy of which is attached hereto) the City Council hereby authorizes the re- newal or extension of the franchise granted therein for a period of 1 year. SECTION II: The Mayor is authorized to execute such documents as are necessary to extend or renew such franchise. SECTION III: Severability: If any section or portion of this ordinance proves to be invalid, unlawful or un- constitutional, it shall not be held to invalidate or impair the validity, force or effect of the remainder or intent of this ordinance. SECTION IV: Effective Date. This ordinance shall take effect upon its final passage and adoption. -1- SECTION V: All ordinances or parts of ordinances in conflict herewith are hereby repealed. PASSED and ADOPTED this 27th day of December, 1979. CITY OF WINTER SPRINGS, FLORIDA By: TROY J. PILAND, MAYOR ATTEST: Mary T. Norton CITY CLERK FIRST READING 11/27/79 SECOND READING 12/11/79 Posted 11/28/79 REFUSE CONTRACT THIS AGREEMENT, Made and entered into, in duplicate, effective this 1st day of January, A.D., 1976, by and between the CITY OF WINTER SPRINGS, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, hereinafter referred to as the CITY, and H & W REFUSE SERVICE, INC., whose address is 503 N. Highway 17-92, Longwood, Florida, hereinafter referred to as Contractor. WITNESSETH: That WHEREAS, it is the desire of the parties hereto to provide household and commercial refuse and trash collection services to the residents and busi- ness enterprises of the City; and WHEREAS, the Contractor realized that it is acting on behalf of the City in providing the service of household and commercial refuse and trash col- lection and as such it will direct its employees to conduct themselves with the standards of conduct required of City employees and, furthermore, to utilize generally accepted public relations techniques in the performance of its duties; and WHEREAS, it is the intent of this Agreement to give the Contractor the exclusive right to pick up household and commercial refuse and trash from all residential and business locations; NOW THEREFORE, in consideration of the mutual covenants, promises, and conditions herein contained and other valuable considerations, together with the sum of TEN DOLLARS ($10.00) in hand paid by each party unto the other, receipt of which is hereby acknowledged, the parties hereby agree as follows: I. TERM OF AGREEMENT. The term of this Agreement shall be for three (3) years, commencing on the first day of January, 1976, and ending at midnight on December 31, 1978. The Contractor shall have the right to have this franchise renewed for two (2) additional one (1) year period by giving the City Council ninety (90) days written notice prior to the expiration hereof. Notwithstanding the stated term of this Agreement, the same may be terminated by the City if Contractor's services are considered unsatisfactory, subject, however, to first giving Contractor a minimum of ninety (90) days written notice of not only its intent to cancel the contract but also stating the reasons why the City considers Contractor's services unsatisfactory and giving Contractor a reasonable oppor- tunity to correct these deficiencies. II. DUTIES OF CONTRACTOR. The Contractor promises to perform its duties in a good and workmanlike manner in strict compliance with the Speci- fications for the collection of refuse (garbage) and trash, as set forth in Exhibit A attached hereto 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 Contractor experiences equipment failure or personnel problems in the operation of its total operation, Contractor agrees to give top priority in the assignment of equipment and personnel to all routes within the City. IV. CONTRACTOR'S EXCLUSIVE RIGHT TO SERVICE RESIDENTIAL DWELLINGS. Contractor shall have the exclusive right and duty to contract with all single family or residence units for the collection of household refuse and yard trash. In accordance with the duties of the Contractor set forth in Paragraph II above~ no pickup schedule shall be less than that provided in the Specifications attached hereto as Exhibit A. V. BUSINESS AND COMMERCIAL COLLECTIONS. The Contractor shall have the exclusive right and duty to contract with all business and commercial establishments 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 the Contractor and customer only; that the charges for such services, place of collection, quantities and items shall be by special commercial collection contract, and the rates charged shall be no more than rates charged for similar services within the general area. VI. CHARGES. (A) residential. Contractor, at no cost to the City, shall make direct billings and collect payment for its services from such single family or resi- dence units. Except as hereinafter provided, the maximum charge for service level described in the Specifications attached hereto as Exhibit A shall be FOUR DOLLARS ($4.00) per month, per family or residence unit, for curbside services and FIVE AND 50/100 ($5.50) for side or back yard pick up ser- vice, payable to contractor by the customer upon a quarterly basis in advance at the beginning of each quarter on or before the 15th of the next succeeding month, the first quarterly payment beginning January 1, 1976. All increases -2- in overhead or direct operating costs, however, may be passed on to the above mentioned customers after an application for a rate increase has been submitted to and approved by the City. If, however, the City denies said request or fails to act on said request within thirty (30) days, then at Contractor's option this contract may be canceled. (B) Commercial. The charges by contract for business and commercial establishments shall be no more than the competitive rates charged for similar services within the surrounding area. (C) Books. The Contractor 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 they pertain to the City of Winter Springs, Florida and shall be open to inspection by authorized City officials' at any reasonable time. VII. PERFORMANCE REQUlREMENTS. The Contractor hereby guarantees performance hereunder in accordance with the specific requirements of the State of Florida Sanitation Code and any City Ordinances now in effect or hereafter named. Contractor acknowledges that it is thoroughly familiar with the Florida Sanitation Code and intends to abide their specific terms. VIII. WORKMAN'S COMPENSATION. The Contractor shall at all times keep fully insured, at its own expense, all persons employed by it in connection with this contract as required by the laws of the State of Florida. Contractor will hold the City free and harmless from any and all liabilities that may arise by reason of the injuries to any employees of the Contractor who are injured while performing any work or labor necessary to carry out the provisions of this contract. Contractor 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 withheld. X. LAWSUITS. It is expressly understood and agreed; the Contractor is in all respects an independent Contractor as to all work to be performed hereunder, notwithstanding that directions will be forthcoming from the City, its employees and/or agents. Contractor shall pay any judgment which may be obtained against the City, either alone or jointly with said Contractor, its -3- agents or employees, for injury or damages to persons or party by reason of 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 the Contractor to appear and defend such action. XI. WAIVERS. No acquiescence, failure, or neglect of either of the contracting parties to insist on strict performance of any or all of any term 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. XII. SEVERABILITY. 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 pro- visions hereof, and the remaining provisions shall be effective as though such invalid part, clause, provision, or condition had not been so made. XIII. MUTUAL AGREEMENT. Each of the parties hereto agrees that the within Agreement and each and every the terms 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 representatives. It is further mutually agreed between the parties that the territory covered by the provisions of this Collection 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 SPRINGS, FLORIDA By: TROY J. PILAND, MAYOR ATTEST: Mary T. Norton CITY CLERK SEAL: Signed, sealed and delivered in the presence of: As to the City H & W REFUSE SERVICE, INC. BY President ATTEST: Secretary SEAL: Signed, sealed and delivered in the presence of: As to contractor -5- SPECIFICATIONS FOR THE COLLECTION OF REFUSE (GARBARGE) AND TRASH All work done and services rendered shall be in accordance with the following specificiations: I. DEFINITIONS City is the City of Winter Springs, Florida Contractor 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 is as follows: A. Refuse and Trash - twice each calendar week. The Contrac - or shall make the pick-up on the same day each week for each unit. B. Trash (Large Items) - Once each two (2) months, the Con- tractor will pick up trash which will not fit into the packer. III PERIOD OF COLLECTION - All collection of refuse shall be made during the following hours: A. All collections must be made between the hours of 7:00A.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. V. VEHICLES USED AND CARE REQUIRED A. All trucks, trailers, and other conveyances or equipment used to collect refuse shall at all times be kep.t clean, in good repair, and well painted, to the satisfaction of the City Administration. The collector's name or firm name, truck number, together with his telephone number shall be printed or painted in legible letters on both sides of all trucks and conveyances used to collect refuse,. All refuse collection vehicles shall be of a load packing variety capable of accommodating refuse up to twenty-four inches in length, with watertight bodies so that no mater- ial shall leak or be spilled from the vehicle on the streets or alleys of the City of Winter Springs. B. Collection Vehicles-Type 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 boundaries of the City for more than two hours without the specific permission of the City Administration having been previ- ously obtained, unless prevented from moving by mechanical difficulties. Under no circumstances are collection vehi- cles to be regularly stored within the City limits. The Contractor shall be responsible for cleaning from the streets and collection places all refuse spillage result- ing from the Contractor's operation. Each truch shall be equipped with an adequate shovel and broom for this pur- pose. In addition, the Contractor shall be responsible for removing and cleaning all- oil, grease, paint, glass or other substance upon the public streets due to equipment failure or refuse leakage resulting from refuse operation . E. Personnel - Refrain from Use of Profanity Contractor's employees, in the performance of the duties herein called for, shall refrain from the use of profanit , loud talk or boisterous conduct which may annoy house- houlders, and all work done pursuant to these specifica- tions shall be carried on with the least possible dis- turbance 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. 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. C. In all cases of collection, the contractor shall carefull replace containers in an upright position, covers in plac , in their proper location after emptying. The collector, his agents and employees shall not throw containers to the ground, or in any other way break or damage or roughly handle same. VII. ROUTES AND CHANGES In the event the Contractor changes his current schedules 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 Sprinqs. He shall indicate thereon in an appropriate and easily understandable manner and to the satisfaction and approval of the City Adminis- tration the days on which collections of refuse shall be made throughout 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 regu- lations governing such collection, and shall furnish to the City an 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 publish ed upon the making of any subsequent changes in collection sched- ules. Any other type of change affecting collection service shall also be published and comrnunicated to the public as require in a manner approved by the City Administration. VIII. WORK TO BE DONE UNDER DIRECTION OF CITY COUNCIL OR THEIR DESIGNATED REPRESENTATIVE All questions relating to the interpretation of the agreement and these specifications and the duties of the communica- tor 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 liason IX. INSURANCE AND BONDS A. Liability Insurance: Additonally to and independently of all other provisions of this Agreement CONTRACTOR shall, at its own cost and expense, forthwith after the execution hereof, procure a policy or policies of comprehensive public liability and property dam- age insurance, with limits of not less than $100,000.00 for injuries to or death of anyone person and $300,000.00 for injuries to or death of any two or more persons, and $50,000. 0 for damage to one individual's property and $100,000.00 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 named 'or' addition- ally named insured. The terms of said policies may be for such period as shall be designated by CITY; provided, however that within two (2) months prior to the expiration of such insurance terms, CONTRACTOR shall procure other policies of said insurance so that between the execution of this Agree- ment 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 -3- ~ . ( ""..\. ( property damage insurance in accordance with the foregoing. Certificates of said insurance, together with the receipts for the payment of premiums 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 expiration of the term of each such policy. Said policies shall contain a non-cncellation-without-notice' clause and shall provide that copies of all cancellation notices shall be sent to CITY. B. Bond: Contractor shall post with the CITY and keep in full force and effect during the term of the Agreement a performance" bond issued by a nationally recognized surety company which will guarantee the full and faithful performance of ~e term. l~ and conditions of this Agreement in the amount of $ ~c)6.f)O which is the average figure for two months of co11ectJ.ons.. X. ASSIGNMENT OF CONTRACT . The contract entered into herein shall not be assignable without the consent of the City Council and shall be assignaple ,- only upon such terms and conditions as the City Council may require. XI. RATES AND CHARGES Maximum rates chargable to customers shall be establi~hed by contract between the City of Winter Springs, Florida, and; Contractor. However, no charge shall be made for colle<:=tionof refuse or trash from any City building or any City containers located within the City of Winter Springs. , .... -. I I I! I' I' II . ...J>i. II 1; -4- -- -....--~_._.,-_._~.=..._'----~._~ ",--: I I I I I I I iI Ii I I I I II II II .1 II II ii I I [I 1\ '-:.~ [ i I I I I II I ..( AMENDMENT TO REFUSE CONTRACT This Contract is an exclusive franchise agreement to operate within the confines of the limits of the City of Winter Springs, Florida. Provided, however, this contract shall not impair any existing valid contracts entered into by third parties. Upon the expiration of any valid . existing contracts between third parties, the H & W Refuse Service, Inc. shall be entitled to provide service to the area or party in question pursuant to the terms of this franchise contract. BY: CITY OF WINT A ../,/ - ATTEST: 0, -' ./ /1- . /-- (II) t/,-y.1 / ' 'I' ~.1L. CITY CLER..l{' SEAL Signed, sealed and delivered in the presence of: "// .';'. ..:.,../1..,. ,./.:/.-. .-..,1'.-'..;'-"--; - " .....:. .-..'- ":.:-/ ~lLt/l,. yJ~{/'-:' .... As to the City 0 ATTEST: H & W REFUSE SERY!CE, INC. \ <~. /; ~ . / BY (..irl?rlf"/ ,/'t:>.e, <'~/(w' A.-:.O,....(....(!-12/.., PREpD'T '-.. .. I'"}. . I '--,... / '1:' ..... . - ;t ?' -: ," ,." i' ..f'1/K". .-1 t: ,?(;,.[I /u I. ../6 S-ecre tar:tj' SEAL Signed, sealed and delivered in the presence of: "" ~ ~ , ,. ~--..-1 " ,,~,;, c?- 'v_ -.D t \ r f J... j N (. c', J~ I .) \ t \ ~]; l ,~ ---T---'\ ~ (.-- ~.j-~~A /L...;;:...? -- . A~ tOiContrattot V I ~ -~ CITY OF ~HNTER SPRINGS, FLORIDA NOTICE OF PUBLIC HEARING TO \,rnOH IT MAY CONCERN: NOTICE IS HEREBY GIVEN by the City Council of thr, City of Hinter Springs, Florida, that said City Council will hold a public hearing at 7:30 p.m. or as soon thereafter as possible, on Tuesday, December 11, 1979, to consider the adoption of an ordinance by the City of Winter Springs, Florida, title of which is as follows: AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, AUTHORIZING THE RENEHAL OF THE REFUSE CONTRACT BETWEEN THE CITY OF 'HNTER SPRINGS, FLORIDA AND H & \~ REFUSE SERVICE,INC.; SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. A copy of said ordinance shall be available at the office of the City Clerk of the City of Hinter Springs, Florida, for all persons desiring to examine the same. All interested parties are invited to attend and be heard. THIS NOTICE is to be published in the Evening Herald, a newspaper of general circulation in said City, one (1) time at least 15 days prior to the time of the public hearing. Dated this 14th day of November, 1979. CITY OF WltITER SPRINGS, FLORIDA BY ~<</ ~ :L;f;;:., Mary T". Norton, City Clerk Evening Herald An Independent Newspaper SA~FORD, SEMINOLE COUNTY, FLORIDA STATE OF FLORIDA COUNTY OF SEMINOLE Before the undersigned authority personally appeared.,.....,.",.....".".,.,. ,Ru:t.t). f!t. ,RQ4J.l:~v.",.."..",...""",.....",.., ,who on oath says that he is .., Offic.e. .Man6,ger...,."".."", .of the EVENING HERALD, a Newspaper Pub- lished at Sanford, in Seminole County, Florida; that the attached copy of advertise- ment, being a..",.". ,~~,g~.l. ,~o.t~,C:;~.."..."...."""."."", ,in the matter of Pl,lp1~,c, ,He.~t~t:1,g , ~~ ,:, ,~,E;t:'J,~~,~~, ,Qf, ~~F,~~.E, [~~,~T~~~T. ,~~,~, ,. H,~~,. ,..', REf.US,E:, .S~HV.lr;;~$.,...,."",..",... "".,. ." .. ,. .in the, ,C~,rc.ui,t"., . Court, was published in said newspaper in the issues of,."""",.,.""...".""""."" November 19 1979 . . , , , , . . , , . . . ' , , , . . , ' , , . , , " . , . ' , , . . , ' , , ' . Affiant further says that the said EVENING HERALD is a newspaper published by The Sanford Herald, Inc., at Sanford, in said Seminole County, Florida, and that the said newspaper has heretofore been continuously published in said Seminole Count~ Florida, and has been entered as second class mail matter at the post office in Sanford, in said Seminole County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this l'1otary Public, State of rll~ttt l?rge . , ',' , "My' ~~i~'~i~;i< ' ~~~ir'e~' j ; 'e' 1:2.:' 1933 da;;r '~' ., n 6 ,w,th!{~' , tt, \..ArpI), 19"" . ','#tL 'I&<&,#-, . <~,. (SEAL) ota ic ,.'" ) J -", /C' ") ~::. ,.Il:~~(<t(I:". ,7.. , , "L~~42~):~,,"~ ^"". / . CITY OF WINTER SPRINGS~'- FLORIDA NOTICE OF PUBLIC HEAR ING TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN by the City Council of the City of Winter Springs, Florida, that said City Council will hold a public hearing at 7:30 p,m, or as soon thereafter as pos~ible, on Tuesday, December 11. 1979, to consider the adoPtiQ,l?,,9!l1 an ordinance by the City of W~tet ~prings, Florida, tit~N06~~:~hAi~ca~i60~I~~S~ CITY OF WI~;'rER SPRINGS, FLORI, DA, AUtHORIZING THE RE, NEWAL OF THE REFUSE CON. TRACT BETWEEN THE CITY OF WINTER SPRINGS, FLORI, DA AND H & W REFUSE SER. VICE, INC,; SEVERABILITY, CONFLICTS AND EFFECTIVI: DATE, A copy of said ordinance shall be available at the ,office of the City Clerk of thd'il;j;;ity of Winter Springs, Florida,' 'or all persons deSiring to exami~ the same, All interested pi!t+ies are invited to attend and be heard, THIS NOTICE ~fo be published in the" Even~' :,9'" Herald, a newspaper of g,t\j'al circulation insaid City, ol'le./iJ,timeat least 15 days prior to t~t tirre;i~f the pUblic hearing, f",. :-: Dated tMis ". da~ of Novem. ber, 1979,,, .. CITY. Elli;' SPRINGS, FLORI' A BY: Mary T, Norton, City Clerk Publish November 19, 1979 DEP,81 ...