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HomeMy WebLinkAboutOrdinance 537 Waste Collection ORDINANCE NO. 537 ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA RELATING TO THE COLLECTION OF SOLID WASTE AND RECYCLABLE MATERIALS; PROVIDING FOR MANDATORY CONNECTION; PROHIBITING THE REMOVAL OF RECYCLABLE MATERIAL FROM CONTAINERS; PROVIDING FOR A SOLID WASTE COLLECTION RATE RESOLUTION; PROVIDING FOR ENFORCEMENT AND PENALTY PROVISIONS; PROVIDING FOR CODIFICATION, CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, 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; WHEREAS, the Solid Waste Management Act of 1989 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; WHEREAS, 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 or 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" - All 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 provisions 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 -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 or 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 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 commission, 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 uni t 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 -7- 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. -8- (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. All 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, or 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) Engage in the for profit collection, transportation or disposal 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 collection or recycling 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 or 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 disposal 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. -10- (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. This Ordinance shall become effective on December 14, 1992 FIRST READING this 9th day of Nov., 1992. SECOND AND FINAL READING, AND ADOPTION this 14th day of December, 1992. APRPOVED: Philip Kulbes, Mayor Attest: Mary T. Norton City Clerk -12- ----." ------------------------ The Orlando Sentinel Published DeTIy $55.85 in the SaUNOLE was published in said newspaper in the issue; of Court, NOTICE oFPUBuc 'HEARING CITY OF WINTER SPRINGS FLORIDA' NOTICE IS HEREBY GIVEN by the City Commission of the Cily of Winter Sorings. Florida. that seld CommiSSIon wIll hOld e Public Hearing On en ordl- nenoe entitfed as Iollows: ORDINANCE NO. 537 AN ORDINANCE OF THE CITY OF WINTER SPRINGS. FLORIDA. RE- LATING TO THE COLlECTION OF SOUD WASTE AND RECYCLABLE MATERIALS; PROVIDING FOR MANDATORY COLlECTION; PRO- HIBITING THE REMOVAL OF RE- CYCLABlE MATERIAL FROM CON. TAlNERS; PROVIDING FOR A SOL. 10 WASTE COLlECTION RATE RE. SOLUTION; PROVIDING FOR ENFORCEMENT AND PENALTY PROVISIONS; PROVIDING FOR CODIFICATION. CONFUCTS SEV. ERABILITY AND EFFECTIVE DATE , This Public Hearing will be held et 1:30 p.m. on December 14,1982 or as SOOn thereafter as possible in the Commis- sion Chamber. City Hall. 1126 East S. R. 434.. Winter Springs. Fl. 32708. Cop,es of lheprojlO8ed ordinance are availab'e in. the Office of the City Clerk for Inspection. Interested parties may al?P88r at this hearing and be heard With I'88PecIto IhIs pr~ Ordinanoe PERSONS WITH DISABIUTlES NEEo.: ING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE EMPLOYEE RELATIONS DEPARTMENT ADA CO. ORDINATOR 48 HOURS IN ADVANCE OF THE MEETING AT (40n 327-1800. PERSONS ARE ADVISeD THAT IF THEY DECIDE TO APPEAL ANY DECI. SION MADE AT THIS MEETING THEY WILL NEED A RECORD OF THE PRO- CEEDINGS AND FOR SUCH PURPOSE THEY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PRO. CEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVI- DENCE UPON WHICH THE APPEAL IS ~PO~b~T~~SSECTlON 286.0105 ?~.d this 22nd day of November. ~~~ WINTER SPRINGS. /s/ Mary T. Norton Mary T. Norton City Clerk SLSBI640'l2 Nov.22.1992 ~tatt of jfioriba } S.S. COUNTY OF ORANGE '. Beverly c. Simmons Before the underSigned authorrty personally appeared , who on oath say's that he/she is the Legal Advertisin.g ReQresentative of The Orlando Sentinel, a dally new_s.Rap'~ published at CAS5EL8ERRY in SEnINULE CourJ.!Y. Florida' that the attached,fQPn of advertisemen~being a NOTICE 0 PUBLIC H in the matter of UK] lNANCE #5 1 = Affi~nt fu.rther s51Ys that the said Orlando Sentinel is a newspaper published at CAS5ELBERR r , in said SEnINDLE County, Florida, and that the said newspaper has heretofore been continuously publiShed in said SEMINOLE County, Florida, each Week Da and has been entered as second-class mail matter at the post office in in said It N E 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/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securi~ this a lIertisement for publication in the said newspaper. C . The foregoing instrument was acknowledged efore me this25th day of NOVEMBER ,19~, by Bever y c. s'amnon~ ' who is personally known to me and ;tWh did take an 9athV1 . I r- ~~ ~of\. I VV' (SEAL) Noemi R Lucero Notary PlIhJi". State of Florida My .'lommll'l"inn p,"Xpires August 28, 1994 CommiRl'lj')n # CCI)4?971 '-""~'_....,_._------, --~.._----,._,. ._..,.,-.~~, FRANCHISE AGREEMENT THIS AGREEMENT is made and entered into this 12th day of December 1992, 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 adopted 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. IWS'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 wi thin which to correct same prior to any forfeiture of its franchise. Should IWS 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 arbi tration 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 Riqhts. 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. DUTIES 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 wi thin 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 Residential collection Units (6670) within the City if 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 IWS 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 -9- 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 fees 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, wi th 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 resul t of an increase in landfill tipping fees or of compliance with new county, state or federal regulations regarding 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 obI igations 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 from 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 of 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- XI. 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 provisions hereof, and the remaining provisions shall be effective as though such invalid part, clause, provision or condition had not been set forth herein. XII. MUTUAL AGREEMENT. IWS and the City agree that this Agreement sets forth the entire agreement between them with regard to the subj ect 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. XIII.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 434 Winter Springs, Florida 32708 -15- 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 OF WINTER SPRINGS, FLORIDA INDUSTRIAL WASTE SERVICE, INC. By (Name) By (Name) (Title) Mayor (Title) Director of Marketing Date: Dec. 14, 1992 Date: 12/12/92 -16- 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 shall 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 on 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 or 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 after notification by customer. Appliances and furniture must be placed at the usual accessible pickup location for EXHIBIT B 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 landfill disposal 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 lengtn, 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 shall 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 (or 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 position 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 REGULATIONS. 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. To 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 BE 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 insurance. 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 anyone 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, 5 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 thirty 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 $150,000 which is the last three months of Franchisee's operations in the city immediately preceding the execution of the Agreement. 6 CITY OF WINTER SPRINGS REGULATIONS FOR RESIDENTIAL GARBAGE. YARD TRASH AND RECYCLABLE MATERIALS COLLECTION DEFINITIONS: 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. RECYCLABLE Newspaper, glass, aluminum, steel cans, plastic MATERIALS: bottles, and such other solid waste materials capable of being recycled as may be designated from time to time by the City. 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. The Solid Waste Collection Ordinance No. 537 mandates garbage, yard trash and recyclable collection service for all residential dwelling units in the City of winter Springs. This Ordinance becomes effective on December 12, 1992 1. CURBSIDE GARBAGE AND YARD WASTE SERVICE A. Curbside garbage collection twice weekly. An unlimited amount of household garbage, generated by the specific residential premises, may be placed in approved containers only within 3 feet of curbside or roadside. B. Handicapped persons who are certified by the City as being unable to transport their garbage to the curbside or roadside shall be entitled to back yard or side yard collection service upon request. C. Curbside yard trash collection once weekly. No more than 3 cubic yards per collection, generated by the specific residential premises, may be placed in approved containers and placed within 3 feet of curbside or roadside. Yard trash not subject to containerization, such as palm fronds, tree limbs or hedge trimmings, must be securely tied and bundled and shall not exceed 4 feet in length, 4 inches in diameter, or 50 pounds in weight. D. NOTE: If garbaqe and yard trash is mixed, none of it can be collected. separation must be made. 2. CURBSIDE RECYCLING SERVICE A. Curbside recyclable materials collection once weekly. An unlimited amount of recycling materials, generated by the specific residential premises, may be placed in City issued receptacles only within 3 feet of curbside or roadside. B. We will collect all glass bottles and jars, aluminum cans, metal and tin cans, plastic soda bottles, plastic milk and water jugs, and newspapers. All glass, metal and plastic containers must be washed and rinsed. if you have more recyclable materials than the receptacle will hold, please place the extra items in a paper baq. If you do not have enough recyclable materials to fill the receptacle, hold them until the next week's collection. C. If any item is not acceptable as a recyclable material, we will place it back in your receptacle. 3. TIME AND SCHEDULE A. Garbage, yard trash and recyclables must be in their containers and in place for collection at curbside no later than 7:00 a.m. on all collection days. containers shall be placed at curbside not more than 12 hours prior to collection and shall be removed within 12 hours after collection. SPECIAL NOTE: containers, receptacles or materials placed at curbside after the above times may not be collected until your next scheduled collection day. B. Holidays observed will be New Year's Day, Thanksgiving and Christmas Day. If these holidays fall on your pickup day, we will collect your materials on your NEXT REGULARLY SCHEDULED PICKUP DAY. C. Discarded appliances, household furnishings generated from residential customers shall be collected within 72 hours after notification by customer. Appliances and furniture must be placed at the usual accessible pick-up location for residential collection service. No additional charge shall be made for the collection of appliances and household furnishings. -2- 4. APPROVED CONTAINERS Approved garbage and yard waste containers consist of plastic or metal receptacles, closed at one end and open at the other, furnished with handles and a closely fitted lid. In the alternative, heavy-duty, waterproof plastic bags are acceptable, so long as they are securely closed. Cardboard boxes are not acceptable as containers and must be flattened, bundled and tied for pickup. Filled containers are not to exceed 32 gallons in capacity or 50 pounds in weight. 5. HAZARDOUS WASTE MATERIALS we will not be responsible for collecting hazardous waste, including gasoline, pesticides, paints, used solvents, motor oil, batteries, tires, etc. You may contact the County Solid Waste Department for information on how to dispose of these materials. 6 . ROUTING Often only ONE SIDE of a street will be picked up at a time. This means that when you see our truck on the opposite side of the street, do not assume you have been missed. You will be picked up later on in the day. 7. COMPLAINTS While we do our best to provide you with excellent mistakes are sometimes made. Complaints may be made in writing or by telephone (831-1539) to our office and must include your name, address and telephone number. NOTE: YOUR PICKUP DAYS EFFECTIVE ARE: GARBAGE: YARD TRASH: RECYCLING: Mon/Tues/Wed/Thur/Fri/Sat Mon/Tues/Wed/Thur/Fri/Sat Mon/Tues/Wed/Thur/Fri/Sat INDUSTRIAL WASTE SERVICE, INC.' 1099 MILLER DRIVE ALTAMONTE SPRINGS, FLORIDA 32701 02625d -3-