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HomeMy WebLinkAboutOrdinance 335 Industrial Waste Services ORDINANCE NO. 335 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, GRANTING THE REFUSE CONTRACT BETWEEN THE CITY OF WINTER SPRINGS, FLORIDA, AND INDUSTRIAL WASTE SERVICES, INC.; SEVERABIL- ITY, CONFLICTS AND EFFECTIVE DATE. WHEREAS, pursuant to the provisions of Section 4.14 of the City Charter the City can only grant a franchise by Ordinance. WHEREAS, the City has determined that it would be in the best interests of its citizens' health, safety and welfare to extend a refuse franchise to Industrial Waste Services, Inc. (hereinafter referred to as "IWS"). NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF WINTER SPRINGS, FLORIDA, HEREBY ORDAINS: SECTION I That pursuant to the terms contained in Exhibit "A" (a copy of which is attached hereto) the City Council hereby authorizes the granting of said franchise pursuant to all terms and conditions of aforesaid agreement to be executed by the Ci ty of Winter Spr ings, Flor ida, and IWS upon passage of this Ordinance. SECTION I I The Mayor is authorized to execute such documents as are necessary to grant such franchise. SECTION III This Ordinance shall take effect on January 1, 1986. SECTION IV If any section of portion 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 the remainder or intent of this Ordinance. SECTION V All ordinances or parts of ordinances in conflict herewith are hereby repealed. PASSED AND ADOPTED THIS 9th day of December, 1985. CITY OF WINTER SPRINGS, FLORIDA JOHN V. TORCASO, MAYOR ATTEST: Mary T. Norton CITY CLERK gorized 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 billings and collect payment for its - 2 - EXHIBIT "A" FRANCHISE AGREEMENT THIS AGREEMENT, made and entered into this 9th day of December 1985, by and between the CITY OF WINTER SPRINGS, FLORIDA (hereinafter referred to as "CITY"), and INDUS- TRIAL WASTE SERVICES, INC. (hereinafter refer red to as .. IWS" ) , whose address is 555 Post Street, Longwood, Florida 32750, pro- vides as follows: WHEREAS, it is the desire of the parties hereto to pro- vide for 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; NOW, THEREFORE, in consideration of the mutual cove- nants, promises, and conditions herein contained and other valu- able 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. 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, 1986, and ending at midnight on December 31, 1988. IWS shall give the City ninety ( 90) days wr it ten notice of intent to renew prior to expiration hereof. Notwith- standing the stated term of this Agreement, the same may be ter- minated by the City if IWS' services are considered unsatisfac- tory, 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 reasonable opportunity to correct these deficiencies. II. DUTIES OF IWS. IWS promises to per form 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 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 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 con- tract with all single family or residence units for the collec- tion 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 establishments wi thin the City and agrees that all types of refuse and/or trash will be picked up from business places wi thin 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 City and commercial rates shall be cate- gorized 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 billings and collect payment for its - 2 - services from such single family or residence units. The maximum charge for service level described on Spe- cifications attached hereto as Exhibit A shall be nine dollars ($9.00) per month, per family or residence unit for curb side service. 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 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, 1986. IWS shall be entitled to no rate increase during the three (3) year term of this contract. 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 busi- nesses 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, shall be open to inspection by authorized City officials on an annual basis. VII. PERFORMANCE REQUIREMENTS. IWS hereby guaran- tees performance hereunder in accordance with Florida law and any City Ordinances now in effect or hereafter named. IWS acknowl- edges that it is thoroughly familiar with Florida law and City Ordinances and intends to abide by their specific terms. VIII. WORKMEN'S COMPENSATION. IWS 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 Flor ida. IWS will hold the City free - 3 - 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 made. XIII. 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 Agree- ment 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 INDUSTRIAL WASTE SERVICES, INC. 3056FCK-8B - 5 - EXHIBIT "B" 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 specifi- cations. II. FREQUENCY OF COLLECTION. All refuse shall be collected at frequencies not less than those specified in these rules and regulations. The fre- quency of collection currently established as follows: A. Refuse and Trash - Twice each calendar week. The Contractor shall make the pick ups on the same day each week for each unit. If the normal pick up day falls on a specified holiday, the refuse and trash will not be picked up until the next regularly scheduled pick up. Refuse and trash will not be collected on January 1, 1986, November 27, 1986, and December 25, 1986, 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 holidays. Any changes 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 least 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 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 satisfac- tion of the City Administration that he is in a position to pro- vide such place of disposal for the period covered by this con- tract. V. VEHICLES USED AND CARE REQUIRED A. All trucks, trailers, and other conveyances or equipment used to collect refuse shall at all times be kept clean, ii 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. B. Collection Vehicles - Type. All refuse col- lection 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 material shall leak or be spilled from the vehicles on the streets or alleys of the City of Winter Springs. C. Equipment Maintenance and Inspect ion. Con- tractor shall make available for inspection by the City his col- lection vehicles after receiving forty-eight hour written notice of same. The inspection will include mechanical, sani tary and aesthetic factors. Deficiencies will be required to be corrected. - 2 - D. Contractor's Responsibility for Cleanliness of Operation. Refuse vehicles shall not be stored wi thin the boundaries of the City for more than two hours without the spe- cific permission of the City Administration having been pre- viously obtained, unless prevented from moving by mechanical dif- ficulties. 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 I s operation. Each truck shall be equipped wi th 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 employees, 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. C. In all cases of collection, the contractor shall 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 - 3 - the ground, or in any other way break or damage or roughly handle same. VI I. ROUTES AND CHANGES In the event the Contractor changes his current sched- ules or furnishes services to a new area, he shall prepare and file with the Ci ty 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 under- standable manner and to the satisfaction and approval of the City Administration the days on which collections of refuse shall be made through the Ci ty. 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 an ade- quate supply of such information. Such published notice shall first be submitted to and approved by the City Administration of the Ci ty of Winter Spr ings. Similar notices shall be published upon the making of any subsequent changes in collection sched- ules. 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 con- tractor hereunder shall be determined by the City Councilor 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. - 4 - IX. INSURANCE AND BONDS A. Liability and Insurance. Additionally to and independently of all other provisions of this Agreement, Contrac- tor shall, at its own cost and expense, forthwith after the exe- cution hereof, procure a policy or policies of comprehensive pub- lic liability and property damage insurance, with limits of not less than $5,000,000.00 for injuries to or death of anyone per- son 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 dam- age, issued by insurers either approved in writing by the City or rated in Best I s as "AAA" or better, whereof City shall be the name or additionally 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 Agreement and the commencement of the Agreement, and throughout the entire contract term or any renewal thereof, or until the sooner ter- mination hereof, City shall always be named insured under the policies of comprehensive public liabili ty and property damage insurance in accordance with the foregoing. Certificates of said insurance, together with the receipts for payment of premiums for the term thereof, shall be delivered to City within ten (10) days after the execution of this Agreement, and thereafter wi thin thirty (30) days prior to the expiration 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. B. Bond. Contractor shall post with the City and keep in full force and effect during the term of the Agree- ment, a performance bond issued by a nationally recognized surety company which will guarantee the full and faithful performance of the terms and condi tions of this Agreement in the amount of - 5 - $150, 000 00 which is the average figure for three (3) months of collections. X. ASSIGNMENT OF CONTRACT The contract entered into herein shall not be assign- able without the consent of the City Council and shall be assign- able only upon such terms and conditions as the City Council may require. XI. RATES AND CHARGES Maximum rates chargeable to customers shall be estab- lished 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. 3057FCK-8B - 6 - $ which is the average figure for three (3) months of collections. X. ASSIGNMENT OF CONTRACT The contract entered into herein shall not be assign- able without the consent of the City Council and shall be assign- able only upon such terms and conditions as the City Council may require. XI . RATES AND CHARGES Maximum rates chargeable to customers shall be estab- lished 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. 3057FCK-8B - 6 - The Orlando Sentinel Publiabed Daily Altamonte Sprinp, Seminole County, Florida ~tate of 'Ioritm} SS. COUNTY OF ORANGE Before the undersigned authority personally appeared Nancy A. Puglia , who on oath says that she is the Legal Advertising Representative of the Orlando Sentinel, a Daily newspaper published at Altamonte Springs, in Seminole County, Florida; that the attached copy of ad- vertisement, being " Pub 1 i c H ear in g in the matter of Ordinance .No. 335 in the Court, was published in said newspaper in the issues of November 17, 1985 Mfiant further says that the said Orlando Sentinel is a newspaper published at Altamonte Springs, in Seminole County, Florida, and that the said newspaper has heretofore been contin- uously published in said Seminole County, Florida, each Week Day and has been entered as second-class mail matter at the post office in Altamonte Springs, in said Seminole County, Florida for a period of one year next preceding the first publication of the attached copy of ad- vertisement; and affiant further says that he/she has neither paid nor promised any person, finn or corporation any discou."lt, rebate, commission or refund for the purpose of securing this advertisement for publication ill the said newspaper. _ '\f\ lVM.H,J ._-p~Cl- ~~ Sworn to and subscribed before me this 20th of November ~ Public, State of Florida at 1.2 My Commission Expires July 13, 1989 Bonded Thru Brown & Brown, Inc. ADVERTISING CHARGE $ 24.90 NOTICI! OF PUBLIC HEARING CITY OF WINTER SPRINGS, FLORIDA NOTICE IS HEREBY. GIVEN by the City Commission of the. City of Winter Springs, Florida, that saId CommlSSlo!, will hold a Public Hearing on an ordI- nance entitled as follows: ORDINANCE NO. 335 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, GRANTING THE REFUSE CON- TRACT BETWEEN THE CITY OF WINTER SPRINGS, FLORIDA, AND INDUSTRIAL WASTE SER- VICES, INC.; SEVERABILITY CONFLICTS AND EFFECTIVE . DATE. This Public Hearing will be held at 7:30 p.m. on December 9, 1985, or as soon thareafter as possible in the Commission Chamber, City Hall, 1126 East S. R. 434, Winter Springs, FI. 32708. Copies of the proposed ordinance are available in the office of the City Cler~ for inspection. Interested parties may appear at this hearing and be heard with respect to this proposed ordinance. Persons are advised that if they de- cide to appeal any decision made at 'this meeting, they will need a record of the proceedings and for such pur- pose, they may need to ensure. that ,a verbatim record of the proceedIngs IS made which record includes the testi- mony and evidence upon which the appeal is to be based par SectIon 286.0105 Florida Statutes. Dated this 15th day of November, 1985. CITY OF WINTER SPRINGS FLORIDA Is/Mary T. Norton Mary T. Norton, City Clerk L8-699(6$) day Nov.17,1985 FORM NO. AD-264