HomeMy WebLinkAboutOrdinance 649 Solid Waste Collection
ORDINANCE NO. 649
AN ORDINANCE TERMlNATING THE CITY OF WINTER
SPRINGS SOLID WASTE COLLECTION FRANCHISE
AGREEMENT DATED DECEMBER 12, 1992 AND AWARDING A
NEW FRANCHISE TO B.F.I. EFFECTIVE MARCH 1, 1997;
PROVIDING FOR ASSIGNMENT, TERMS, CONDITIONS AND
SEVERABILITY.
WHEREAS, the City of Winter Springs and Industrial Waste Services entered
into a Franchise Agreement on December 12, 1992, the terms of which expire on
December 31, 1997, and
WHEREAS, Section 4.14 of the City Charter for the City of Winter Springs,
Florida, authorizes the City Commission to award a franchise pursuant to ordinance;
WHEREAS, the Winter Springs City Commission desires to enter into a new
Franchise Agreement for the provisions of Solid Waste Collection Services.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA:
SECTION I - The Franchise Agreement between I.W.S. and the City of Winter
Springs, Florida, effective December 12, 1992, is hereby terminated by the City based
upon the request of the franchisee.
SECTION n - The City hereby adopts and grants the attached Franchise
Agreement effective March 1, 1997, to B.F.I. The terms of the attached Franchise
Agreement are incorporated herein by reference. The City Commission reserves the
right to amend the attached Franchise Agreement and/or amend the rate or fees
authorized thereunder by Resolution.
SECTION ill - Any Ordinance or Resolution in conflict herewith, is hereby
replaced to the extent of said conflict.
SECTION IV - This Ordinance shall take effect upon its passage and adoption.
Passed and adopted this 24th day of February, 1997, in Chamber at the Winter
Springs City Commission, City of Winter Springs, Seminole County, Florida.
CITY OF WINTER SPRINGS, FLORIDA
PAUL P. PARTYKA, MAYOR
ATTEST:
Margo M. Hopkins
CITY CLERK
First Reading Feb 10, 1997
Posted Feb 11, 1997
Second Reading and Public Hearing Feb 24, 1997
EXHIBIT "A"
THIS AGREEiVIENT is made and entered into this day of February, 1997, by
and between the City of Winter Springs,Florida (hereinafter referred to as the "City") ,
and Browning Ferris Industries, Inc. (herein referred to as B.F.I.) whose address is 1099
Miller Drive„ Altamonte Springs, Florida 32701, and provides as follows:
WHEREAS, the City and Industrial Waste Services were parties to an existing
Franchise Agreement dated December 12, 1992, the term of which expires at midnight
on December 31, 1997; and
WHEREAS, the City and B.F.I. desire to enter into a new Franchise Agreement
effective March I, i 997.
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 AGR_F.ENIENT; RENEWAL. AND DEFA TLT.
A. SCOPE AND TER1Vi. This Agreement is an exclusive Franchise
Agreement to collect, transport and dispose of residential ,business, commercial and
industrial solid waste and recyclable materials generated within the boundaries of the
City. The term of this Agreement shall commence on the first day of March, 1997, and
shall end at midnight on the last day of February, 2006.
B. RENEWAL. The City and B.F.I, by mutual consent, may opt to extend
or renew this Agreement Either party which wishes to extend or renew this Agreement
_ shall give the other party written notice of its intent to extend or renew this Agreement
365 days prior to the expiration of the term of the Agreement. Within 60 days of receipt
of such notice, the other party shall respond in writing as to whether it agrees to such
renewal. Any extension shall require passage of a resolution authorizing the extension
by the City Commission of the City of Winter Springs, Florida.
C. DEFAULT.
1. Notice of Default. B.F.L's failure to comply in any substantial respect
with any of the provisions in this Agreement shall be grounds for forfeiture of its
franchise. Prior to any such forfeiture, the City shall serve upon B.F.I. a written notice
of default which notice shall set forth the specific nature of the default and the extent
thereof. B.F.I_ shall have sixty (60) days from the date of the notice of default within
which to correct same prior to any forfeiture of its franchise. Should B.F.I. contest the
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reasonableness or propriety of the City's notice of default, it shall notify the City in
writing within ten (10) days of its receipt of the notice of default. Should B.F.I. be
served with a Notice of Default for a repeat breach of the Franchise Agreement, the City
Commission shall have the option to terminate this Agreement on one-hundred and
eighty days (i 80) written notice.
2. MEDIATION. If the City and B.F.I. cannot agree as to the
reasonableness or propriety of the City's notice of default, then the issue shall be
promptly submitted to a three member arbitration panel. One panel member shall be
selected by the City, one shall be selected by B.F_I., and these two members shall jointly
agree upon a third member. The mediation panel shall notify the city and B.F.I. of its
determination of the reasonableness and propriety of the City's notice of default not Later
than thirty days following submission of the issue to the panel. The determination shall
be non-binding and advisory only to the City and B.F.I.
3. Reservation of ~gh~, The purpose of this section is to enable the
City and B.F.I. to resolve by mediation such differences as they may be unable to resolve
by mutual agreement, and the decision of the mediation panel shall be advisory only and
shall not be binding upon either the City or B.F.I.. Nothing contained herein shall be
construed to limit or restrict the legal rights and powers of the City or B.F.I..
II. D 1 O B I B.F.I. promises to perform its duties hereunder in a good
and workmanlike manner and in strict compliance with the specifications for the
Collection of Solid Waste and Recyclable Materials attached hereto as Exhibit "B" of the
Mandatory Solid Waste Collection Ordinance No. 537 of the Winter Springs Code of
Ordinances, and incorporated herein by reference as though set forth in full at this place,
which Specifications shall be binding on the parties hereto.
III. ADDITIONAL D TT .S In addition to the duties described in II above, B.F.I.
shall provide a special pick up day for normally scheduled yard waste and recyclable
collection service days missed for any reason on the first S_ aturday following the missed
collection day. Additionally, B.F.I. shall provide notice of the normally scheduled day of
service that will not be provided and the make up day of service by either three
consecutive days publication in a newspaper of general circulation or by notice at the
location of each affected customer. Both alternative forms of notice must be completed
three days prior to the normally scheduled work day that will be missed.
IV. FIRST PRIORITY. In the event that B.F.I. experiences equipment failure or
personnel problems in its overall operations, B.F.I. agrees to give first priority in the
assignment of equipment and personnel to all routes within the City.
Y. B.F.I 'c E`CCL.ITSiVF i HT TO S RVI FSID NT A D~YELLIN S
During the term of this Agreement and any renewals hereof, B.F.I. shall have the
exclusive franchise for the collection, transport and disposal of residential solid waste
and recyclable materials within the City and shall be the Citv's sole Franchisee for such
services, as the term "Franchisee" is used in the Mandatory Solid Waste Collection
Ordinance No. 537 of the Winter Springs Code of Ordinances. In accordance with the
duties of B.F.I. as set forth in Section II above, no collection schedule shall be less than
that provided in Exhibit "B" of Ordinance No. 537 of the Winter Springs Code of
Ordinances. B.F_I. shall have the obligation of enforcing the exclusiveness of the
Franchise and the City shall have no obligation to enforce same.
VL B.F.L'c- .X TSIVF. RTGAT TC? 4FRVif F RrrcnvFCC _ O R A
AND IND T TA .N PRiSFS. During the term of this Agreement and any
renewals hereof, B.F.I. shall have the exclusive right to contract for solid waste and
recyclable materials collection services with all business, commercial and industrial
enterprises within the City {including Multi-Family Residential Units and mobile home
parks which receive dumpster or roll off service as opposed to curbside individual
service), and agrees to collect all types of solid waste and recyclable materials from
business, commercial and industrial enterprises within the City that have entered into
individual contracts for such services with B.F.I., and shall be the City's sole franchisee
for such services as the term "Franchisee" is used in the Mandatory Solid Waste
Collection Ordinance No. 537 of the City of Winter Springs Code of Ordinances. The
places and days of collection, quantities and items to be collected, and rates for such
business, commercial and industrial service shall be established by individual contract
between B.F.I. and each business, commercial or industrial enterprise; provided,
however, that the maximum permissible business, commercial and industrial rates to be
charged by B.F.I. shall be established by the City by Resolution.
VII. RATES AND BILLIN
A. RESIDENT A , BQ .IN r BY TH ITY.
1. B.F.I. will invoice the City directly for all collection, transportation and
disposal of solid waste and recyclable materials from Residential Collection Units, as
defined in the Mandatory Solid Waste Collection Ordinance No. 537 of the Winter
Springs Code of Ordinances. The City will pass the cost for such services through to its
residents by inclusion of a line item for such services on City utility bills. In no event
shall this Franchise Agreement be deemed or construed to mean the City is purchasing
anything from B.F.I. The City shall only be obligated to transmit those monies it collects
from customers to B.F.I.
2. B.F.I. shall be entitled to payment by the City for services rendered to
Residential Collection Units regardless of whether or not the City collects from its
residents for such service. The City shall provide to B.F.I. an assessment roll or
customer list setting forth the total number of Residential Collection Units to be served
by B.F.I. pursuant to this Agreement and the address of each such Residential Collection
Unit for the duration of this Agreement and any extensions or renewals hereof. The City
shall promptly notify B.F.I. in writing of any new construction resulting in additions to
the list of Residential Collection Units to be served by B.F.I..
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3. Payments due from the City to B.F.I. for collections for monthly service to
Residential Collection Units shall be due and payable not later than the 15th day of the
month following the month during which the service was rendered
4. On a quarterly basis for the duration of this Agreement and any extensions or
renewals hereof, the City shall provide B.F.I. with an adjusted assessment roll or
customer list, as referred to in Section VI(1) above, to reflect any new construction
resulting in additions to such list during the prior quarter and from that date forward the
City shall be billed by B.F.I. based upon the adjusted assessment roll or customer list.
5. In the event that B.F_I. discovers that it is providing service to a Residential
Collection Unit that is not included on the most recent assessment roll or customer list
provided by the City, B.F.I. shall provide the City Manager with the location or address
of the omitted Residential Collection Unit. The City Manager shall promptly take steps
to verify the existence of the omitted Residential Collection Unit and B.F.I.'s provision of
service to such omitted Residential Unit and, upon verifying that the information is
correct, the City shall immediately begin remitting monthly payments to B.F.I. for such
service. Should either the City or B.F.I. discover that the City is erroneously paying
B.F.I. for service to anon-existent Residential Unit, the discovering party shall
immediately notify the other party and, upon verification of the information by the other
party, the City's payments to B.F.I. shall be adjusted accordingly and the amount paid by
City shall be remitted to the City.
B. 1VIETHOD FOR B T .44, C011~Il~iERf TAT AND IND T TRTAT
BILLING. B.F.I., at no cost to the City, shall directly bill all business, commercial
and industrial enterprises with which it has contracted to collect, transport and dispose of
solid waste and recyclable materials. All fees shall be billed by B.F.I. to the owner or
occupant of each business, commercial or industrial enterprise on a monthly basis in
advance, 15 days prior to the beginning of each month, and shall be paid by the person to
whom the bill is rendered by the first day of the month for which the bill is rendered. All
persons who have not remitted payment within 30 days of the date of billing shall be sent
a notice by B.F.I., with notice to the City, which states that service may be discontinued
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, B.F.I. may
discontinue service to the customer-and shall so notify the City immediately. B_F.I. shall
have the responsibility for enforcing its collection efforts and terms of this agreement, for
commercial and residential accounts.
C. GENERAL PROVISIONS
1. Uniform Rates. The uniform rate for the residential and commercial services
provided by B.F.I. are described in City of Winter Springs Resolution No. 812 attached
hereto as Exhibit "B". B.F.I. shall only be required to provide side or back yard service
to Residential Collection Units occupied by disabled persons under the conditions set
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forth in the Mandatory Solid Waste Collection Ordinance No. 537 of the Winter Springs
Code of Ordinances, and shall not charge such persons more than the uniform rate
established for each Residential Collection Unit. For residential customers who desire
curbside service that cannot be provided by truck and requires the use of tote carts, or for
any other special service not provided for in the Mandatory Solid Waste Collection
Ordinance No. 537 City of Winter Springs Code of Ordinances, Exhibit "B". B.F.I. may
impose a surcharge over the uniform rate which may either be included on the customer's
utility bill or billed directly by B.F.I. to the customer.
2. Increase in Uniform IZtec. B.F.I. shall be entitled to request an
extraordinary adjustment of both the uniform rate for Residential Collection Units and
the maximum permissible business, commercial and industrial rates if the request is due
to an increase in its cost of doing business which is a direct result of an increase in
landfill tipping fees or of compliance with new county, state or federal regulations
regarding the solid waste industry. If B.F.I.'s request for a rate adjustment is due to an
increase in the landfill tipping fees charged by Seminole County, the rate per Residential
Collection Unit shall be increased according to the following formula:
Total amount of landfill tipping fee increase per ton of solid waste multiplied by
1.369 (average annual solid waste generated per Residential Collection Unit is
1.369 tuns) divided by ' 12 equals monthly rate increase per Residential
Collection Unit.
B.F.I. shall provide adequate documentation and justification for any extraordinary rate
adjustment requested pursuant to this section and such request shall be approved by the
City via ordinance, resolution„ amendment to this Agreement, or other appropriate
mechanism„ absent reasonable cause for refusing to approve such request.
3. Annual C.P.I. Beginning March 1, 1998 and every year there after B.F.I.
shall be entitled to an annual C.P.I. adjustment not to exceed 2.5% based upon the
increase in the C.P.I. over the past 12 month period-
4. Favored Nations Clause- The City of Winter Springs Rate Schedule should
be adjusted to a rate equal to that provided to any municipal government in Seminole,
Orange and Osceola Counties during the duration of this Agreement, by B.F.I. which is
lower that provided for in this Agreement.
5. Performance Bonin. To the extent provided by law, beginning March 1,
1998, B.F.I. shall be entitled to a Performance Bonus for the performance of the
company over the prior twelve month period of the Agreement s determined by a
customer's satisfaction rating of 90% or greater as performed by a competent independent
market research consultant chosen mutually by B.F.I. and the City.
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The performance bonus shall be in the amount of $10,000 for years one, two and
three of the agreement, $12,500 for years four, five and six of the agreement, and
$15,000 for years seven, eight and nine of the agreement..
6. Performance Bond B.F.I. shall post with the City and keep in fu(1 force and
effect during the term of this Agreement a performance bond issued by a nationally
recognized surety company which will guarantee the full and faithful performance of
B.F.I.'s duties and obligations under the Agreement in an amount equal to the average
yearly revenues derived by B.F.I. for the twelve month period preceding March 1st of
each contract yeaz.
7. Books of Account. B.F.I. shall maintain good and accurate books of account
reflecting the Residential Collection Units and business, commercial or industrial
enterprises from which collections are made and the payments received therefrom. All
such books of account pertaining to collections made in the City shall be open to
inspection by authorized City officials on reasonable notice. In addition, B.F.I. shall
provide the City with such information or documentation as the City may reasonably
request in connection with any collection/enforcement actions referred by B.F.I. to the
City pursuant to Paragraph VI(A) of this Agreement.
VIII. ~ERFORI~IANCE REOIJIItENiENTS. B.F.I. hereby guarantees performance
of all of its obligations hereunder in accordance with Florida law and any City ordinances
now in effect or hereinafter enacted. B.F.I. acknowledges that it is thoroughly familiar
with Florida law and City ordinances and shall abide by their specific terms.
IX. ASSIGNiy~NT OF CONTRACT. This Agreement shall not be assignable by
B.F.I. without the written consent of the City Commission.
X. LAWSUTTS. It is expressly understood and agreed that B.F.I. is in all respects
an independent contractor as to all work to be performed hereunder, notwithstanding that
directions with regard to B.F.I.'s performance hereunder may be issued from time to time
by the City, its employees and/or its agents. B.F.I. shall pay any attorney's fees and costs
incurred by the City plus any judgment which may be obtained against the City in any
` administrative or judicial proceedings, either alone or jointly with B.F.I., its agents or
employees, for injury or damages to performance or persons or parties by reason of
B.F.I.'S non performance of its obligations under this Agreement; provided, however,
that if the City alone is sued for such injury or damage, written notice shall be given to
B.F.I. to appear and defend such action on the City's behalf. B.F.I. shall hold the City
harmless against any damages, attorney's fees and/or costs incurred by the city as a result
of the City's award to B.F.I. of the franchise set forth in this Agreement, any challenges
thereto and any work performed by B.F.I. pursuant to the Franchise Agreement. In the
event of litigation between B.F.I. and the City arising out of or relating to the
enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
recover all of its costs and attorney's fees at the trial and all appellate levels from the
other party. Venue for any cause of action arising hereunder shall be in the Circuit Court
of Seminole County, Florida.
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XI. WAIVE>EZ. The failure of either side to enforce a term of this agreement shall
not be construed as a waiver of either sides rights to require enforcement or to declaze a
default.
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 provisions hereof, and the
remaining provisions shall be effective as though such invalid part, clause, provision or
condition had not been set forth herein.
XIII. MUTUAL AGREEN)(ENT. B.F.I. and the City agree that this Agreement sets
forth the entire agreement between them with regard to the subject matter hereof, and
that this Agreement shall only be amended, supplemented or altered by a written
instrument executed by both of the parties hereto through their duly authorized
representatives.
XIV. NOTICES. Any notices required or permitted to be given by one of the parties
to this Agreement shall be sent in writing to the other via U. S. Mail, hand-delivery or
telefax, as follows:
A. TO THE CITY:
Winter Springs City Manager
1126 East State Road 434
Winter Springs, Florida 32708
with a copy to
Winter Springs City Clerk
1126 East State Road
434Winter Springs, Florida 32708
B. TO B.F.I.:
1099 Miller Drive
Altamonte Springs, FL 32701
XV. In the event any new laws or regulations are passed by any governmental body, the
parties shall mutually negotiate in good faith to resolve the impact on the parties. In the
event the parties cannot agree to a mutually satisfactory resolution, either side may
submit the matter to a mediator as provided in paragraph C-2 of this agreement. In the
event the parties are unable to resolve the issue(s) after mediation, either side may
terminate this agreement upon one-hundred and eighty (180} days written notice.
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XVI. The City reserves the right to enforce any terms of this Franchise Agreement and
to amend Ordinance No. 537 as it deems in the best interest of the public's health, safety
and welfare.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates
set forth below.
CITY WINTER SPRINGS, FLORIDA BROWNING-FERRIS INDUSTRIES, INC.
By:
(Name)
(Title)
By:
(Name)
(Title)
Date: Date:
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T
RESOLUTION NO. 812
A RESOLUTION OF THE CITY OF WINTER SPRINGS,
FLORIDA AMENDING RESOLUTION NO. 721, THE SOLID
WASTE COLLECTION RATE RESOLUTION OF THE CITY OF
WINTER SPRINGS, FLORIDA, CONFLICT, SEVERABILITY
AND EFFECTIVE DATE.
WHEREAS, The City Commission of the City of Winter Springs, Florida,
adopted Resolution No. 721 the Solid Waste Collection Rate Resolution, and
WHEREAS, Ordinance No. 537 as amended requires the rates to be set by
Resolution, and
WHEREAS, the City desires to establish a new rate structure with its Franchisee,
NOW THEREFORE, the City Commission of the City of Winter Springs,
Florida hereby resolves that:
Section I: Section One of Resolution No. 721 is amended to read as follows:
a) Residential Collection "Contractor Rates" shall be as described in Table
I attached.
b) Residential "Customer Rates" shall be as described in Table II attached.
Section II: Section Two of Resolution No. 721 is amended to provide for
commercial rates provided in Table III attached.
Section III: Any Resolution in conflict with the provisions of this Resolution
are hereby expressly repealed to the extent of said conflict.
Section IV: This Resolution shall take effect upon passage, adoption and effect
of Ordinance No. 649.
Passed and adopted this ~fl~day of February , 1997.
ATTEST:
ity Clerk
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ORDINANCE NO. 537
AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA RELATING
TO THE COLLECTION OF SOLID WASTE AND RECYCLABLE MATERIALS;
PROVIDING FOR MANDATORY 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
CON,~ECTION ;
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
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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.
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(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.
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SECTION 3. Solid Waste Collection - Generally.
(a) The City shall collect, or cause to be collected through
issuance or renewal of a negotiated franchise, all solid waste
and recyclable materials at regular intervals to be deter-mined
by the City.
(b) All occupants or owners of Residential Collection Units
in the City shall be required to have solid waste and recyclable
materials removed and disposed of by the City or its Franchisee
and for such service, or the availability of such service, shall
pay the City or its Franchisee such uniform rares as may be set
by resolution of the City Commission. occupants or owners of
Residential Collection Units or Dwelling Units who are members of
a homeowner's association which, as of the effective date of this
ordinance, has in place a self owned and operated solid waste
collection system that complies with all applicable local, state
and federal laws and regulations shall be exempt from the
provi-sions of this ordinance; provided, however, that should
such self owned and operated solid waste collection system ever
be discontinued, all Residential Collection Units and Dwelling
Units previously served thereby shall immediately be subject to
this ordinance. All occupants or owners of business, commercial
or industrial enterprises shall be required to have solid waste
and recyclable materials removed and disposed of by the City or
its Franchisee and for such service shall pay the City or its
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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
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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 unit is occupied or whether the owner or occupant
utilizes the collection services provided for herein.
(g) In the event that all individual units in a Multi-Family
Dwelling Unit or mobile homes in a mobile home park do not
receive individual collection service from the City or its
residential Franchisee, the owner of such mobile home park or
Multi-Family Dwelling Unit complex who leases individual
residential units or mobile home lots to tenants shall contract
directly with the City's Franchisee to provide solid waste and
recyclable materials collection, transportation and disposal
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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.
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(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:
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r,.--
(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 or recyclable materials from any
collection or recycling container, collection location or
curbside.
(3) Place or cause to be placed out for collection any solid
waste or recyclable materials in a location not serviced by the
City 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.
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(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.
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SECTION 7 - EFFECTIVE DATE.
This Ordinance shall become effective on-~-.
FIRST READING this 'day of~~l ~_ 19
~.
SECOND AND FINAL READING,
of ~~i.~, 19 ~~.
AND ADOPTION
this ~ day
A VED:
~_ /
Mayor
Attest:
~~ ~~..~
City Clerk
02626d
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FRANCHISE AGREEMENT
THIS AGREEMENT is made and entered into this1 4h day
of 19d', 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
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' r
party hereto until the City has passed and adodted a Mandatory
Solid Waste Collection Ordinance substantially similar to that
set forth in Exhibit "A" hereto, the substance of which shall be
reviewed by IWS prior to first reading. Upon the passage and
adoption of such a Mandatory Solid Waste Collection Ordinance by
the City, this Agreement shall supersede, replace, and render
null and void the Franchise Agreement between the parties dated
January 4, 1989. The term of this Agreement shall commence on the
effective date of the above - referenced Mandatory Solid Waste
Collection Ordinance, and shall end at midnight on the 31st day
of December, 1997.
B. RENEWAL. The City and IWS, by mutual consent, may opt
to extend this Agreement for one additional term of two years,
and thereafter for additional terms of one year each. Either
party which wishes to so renew this Agreement shall give the
other party written notice of its intent to renew this Agreement
90 days prior to the expiration of the term then in effect.
Within 60 days of receipt of such notice, the other party shall
respond in writing as to whether it agrees to such renewal.
C. DEFAULT.
1. Notice of Default. 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
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the default and the extent thereof. IWS shall have sixty (60)
days from the date of the notice of default within which to
correct same prior to any forfeiture of its franchise. Should 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
arbitration panel. One panel member shall be selected by the
City, one shall be selected by IWS, and these two members shall
jointly agree upon a third member. The arbitration panel shall
notify the City and IWS of its determination of the
reasonableness and propriety of the City's notice of default not
later than thirty days following submission of the issue to the
panel.
3. Reservation of Rights. The purpose of this section is
to enable the City and IWS to resolve by arbitration such
differences as they may be unable to resolve by mutual agreement,
and the decision of the arbitration panel shall be advisory only
and shall not be binding upon either the City or IWS. Nothing
contained herein shall be construed to limit or restrict the
legal rights and powers of the City or IWS.
II. 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
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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
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opposed to curbside individual service), agrees to collect all
types of solid waste and recyclable materials from business,
commercial and industrial enterprises within the City that have
entered into individual contracts for such services with IWS, and
shall be the City's sole franchisee for such services as the term
"Franchisee" is used in the Mandatory Solid Waste Collection
Ordinance attached hereto as Exhibit "A ". The places and days of
collection, quantities and items to be collected, and rates for
such business, commercial and industrial service shall be
established by individual contract between IWS and each business,
commercial or industrial enterprise; provided, however, that the
maximum permissible business, commercial and industrial rates to
be charged by IWS shall be established by the City. The maximum
permissible business, commercial and industrial rates established
by the City as of the effective date of this Agreement are $3.44
per cubic yard, although a lower price may be contracted for with
any particular business, commercial or industrial customer.
VI. RATES AND BILLING.
A. INTERIM METHOD FOR RESIDENTIAL BILLING BY IWS. The
City agrees to devise a program, and implement said program as
soon as the City deems it possible, whereby IWS will bill the
City directly for all collection, transportation and disposal of
solid waste and recyclable materials from Residential Collection
Units, as defined in Exhibit "A" hereto, and the City will pass
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•
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
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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 of0 "th' A �' reement, the number of
Residential Collection Units wi n e City is NO later than
January 1, 1993, the City shall provide to IWS an assessment roll
or customer list setting forth the total number of Residential
Collection Units to be served by IWS pursuant to this Agreement
during the first quarter of calendar year 1993 and the address of
each such Residential Collection Unit. Thereafter, for the
duration of this Agreement and any extensions or renewals hereof,
the City shall promptly notify IWS in writing of any new
construction resulting in additions to the list of Residential
Collection Units to be served by IWS.
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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
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•
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, with notice to the City, which states that service may be
discontinued 15 days from the date of the notice if payment is
not made before that time, If the payment still is not made
within 15 days from the date of the notice, IWS may discontinue
service to the customer and shall so notify the City immediately.
Upon being advised by IWS that it has discontinued service to a
customer for nonpayment, the City shall immediately implement one
or more of the collection /enforcement mechanisms set forth in
Section of the Mandatory Solid Waste Collection Ordinance
attached hereto as Exhibit "A ". If the City's
collection /enforcement efforts are successful, the City shall
promptly remit to IWS the past due amount owed to it, but shall
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f
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.
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•
2. Increase in Uniform Rates. IWS shall be entitled to
request an extraordinary adjustment of both the uniform rate for
Residential Collection Units and the maximum permissible
business, commercial and industrial rates if the request is due
to an increase in its cost of doing business which is a direct
result of an increase in landfill tipping fees or of compliance
with new county, state or federal regulations regard -ing the
solid waste industry. If IWS's request for a rate adjustment is
due to an increase in the landfill tipping fees charged by
Seminole County, the rate per Residential Collection Unit shall
be increased according to the following formula:
Total amount of landfill tipping fee increase per ton of
solid waste multiplied by 1.3 (average annual solid
waste generated per Residential Collection Unit is 1.3
tons) divided by 12 equals monthly rate increase per
Residential Collection Unit.
IWS shall provide adequate documentation and justification for
any extraordinary rate adjustment requested pursuant to this
section and such request shall be approved by the City via
ordinance, resolution, amendment to this Agreement, or other
appropriate mechanism, absent reasonable cause for refusing to
approve such request.
3. Books of Account. IWS shall maintain good and accurate
books of account reflecting the Residential Collection Units and
business, commercial or industrial enterprises from which
collections are made and the payments received therefrom. All
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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 REOUIREMENTS. IWS hereby guarantees
performance of all of its obligations hereunder in accordance
with Florida law and any City ordinances now in effect or
here - inafter enacted. IWS acknowledges that it is thoroughly
familiar with Florida law and City ordinances and shall abide by
their specific terms.
VIII.ASSIGNMENT OF CONTRACT. This Agreement shall not be
assignable by IWS without the written consent of the City
Commission, such consent not to be unreasonably withheld.
IX. LAWSUITS. It is expressly understood and agreed that
IWS is in all respects an independent contractor as to all work
to be performed hereunder, notwithstanding that directions with
regard to IWS's performance hereunder may be issued from f rom
time to time by the City, its employees and /or its agents. IWS
shall pay any attorney's fees and costs incurred by the City plus
any judgment which may be obtained against the City in any
administrative or judicial proceedings, either alone or jointly
with IWS, its agents or employees, for injury or damages to
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•
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.
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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 subject matter hereof, and that this Agreement
shall only be amended, supplemented or altered by a written
instrument executed by both of the parties hereto through their
duly authorized representatives.
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
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B. TO IWS:
1099 Miller Drive
Altamonte Springs, FL 32701
Attn: Thomas Daly
IN WITNESS WHEREOF, the parties have executed this Agreement
on the dates set forth below.
CITY F WI TER •R' GS, FLORIDA INDUSTRIAL W.STE SERVIC, I C.
By: (Name, . By: � \
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(Name)
(Tit e) /9/ (Title)V " e-L U / g'
Date: > Date: (o i Qa
O2627d
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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 of material, or method of
placement, Franchisee will collect same when called by the
customer at a rate to be negotiated between Franchisee and the
customer. Discarded appliances, household furnishings generated
from residential customers shall be collected within seventy -two
hours after notification by customer. Appliances and furniture
must be placed at the usual accessible pickup location for
EXHIBIT B
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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
length', with watertight bodies so that no material shall leak or
be spilled from the vehicles on the streets or alleys of the
City.
c. Equipment maintenance and inspection. Franchisee
shall make available for inspection by the City, upon forty -eight
hours written notice, its collection vehicles used within the
City. Such inspection may include mechanical, sanitary and
aesthetic factors. Deficiencies will be required to be
corrected.
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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
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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 any one
person and $10,000,000.00 for injuries to or death of any two or
more persons, and $100,000.00 for damage to one person's property
and $200,000.00 for damage to two or more person's property.
Such policy or policies shall be issued by insurers either
approved in writing by the City or rated in Best's as "AAA" or
better, and shall list the City as named insured or additional
named insured.
The terms of said policies may be for such period as shall
be designated by the City; provided, however, that within two
months prior to the expiration of such insurance policies,
Franchisee shall renew said policies or procure other policies so
that between the execution of this Agreement and its effective
date, and throughout the entire term of this Agreement and any
renewals hereof, the City shall always be a named insured or
additional named insured under the policies of comprehensive
public liability and property damage insurance referred to in the
Specifications.
Certificates of the insurance coverage referred to herein,
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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 p- ormance of
Franchisee's duties and obligations under this ' �i) -ment and
these Specifications, in the amount of, % 5O (xI ) ' W' ich is the
average figure for gross revenues derived by Franchisee over the
last three months of Franchisee's operations in the City
immediately preceding the execution of the Agreement.
1:123 /wsspec.exh
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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 garbage 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 bag. 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.
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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 service,
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: Mon /Tues /Wed /Thur /Fri /Sat
YARD TRASH: Mon /Tues /Wed /Thur /Fri /Sat
RECYCLING: Mon /Tues /Wed /Thur /Fri /Sat
INDUSTRIAL WASTE SERVICE, INC.'
1099 MILLER DRIVE
ALTAMONTE SPRINGS, FLORIDA 32701
O2625d
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• '•,; FRANCHISE AGREEMENT ,
. ' T}IIS AGREI:tiENT, made and entered into this _(1~ ~/~ day ~ -`
of a 1988, by and between [he CITY OP WINTER SPRINGS, ;
FLORIDA (hereinafter referred to as "CITY"), and INDUSTRIAL WASTE '
SERVICES, INC. (hereinafter referred Co as "IWS"), whose address is 555
hope Street, Longwood, Florida 32750, provides as follows: ^' .
' ~ WHEREAS, it is the desire of the parties hereto to provide for
' the public health, safety and welfare by providing household and _
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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; - •~?"
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- NOW, THEREFORE, in consideration of the mutual covenants,
' promises, and conditions herein contained and other valuable '
considerations, together with the sum of 'LWENTY-FIVE DOLLARS (525.00), in
'~~ hand paid by each party unto the other, receipt of which is hereby
` acknowledged, the parties hereby agree as follows:
I. TERM OF AGRET?iL•'NT. This Agreement is an exclusive
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_ ~ Franchise Agreement to operate within the confines of the limits of tfie
- ..:.
City of Winter Springs, Florida. The term of this Agreement shall be for
I
three (3) years, commencing on the first day of January 1989, and ending
• ~ at midnight of December 31, 1992. IWS shall give the City ninety (90) ,
days written notice of intent to renew prior to expiration hereof.
Notwithstanding the stated term of this Agreement, the same may be ter- '
urinated by the City if IWS' services are considered unsatisfactory,
subject, however, to first giving IWS a minimum of sixty (60) days written _
notice of not only its intent to cancel the contract but also stating the
reasons why the City considers IWS' services unsatisfactory and giving IWS _ •
a resonable opportunity to correct these deficiencies.
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II. DUTII•:S 01~ LWS. I1JS promises to perform its
duties in a good and workmanlike manner in strict compliance with the
Specifications for the Collection of Refuse (Garbage) and Trash, as
set forth in Cxhibit D attached hereto and incorporated herein by
reference as though set forth in Eull 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' L•'XCLUSIVE RIGIIT TO SERVICE RESIDENTIAL
~• ~
D41IiLLINGS. IWS shall have t'lie 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 IWS and set Eorth
in Paragraph II above, no pickup schedule shall be less than that provided
in the Specifications attached Hereto as L•xliibit' B.
V. BUSINESS AND COMMERCIAL COLLECTIONS. IWS shall
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have the right and duty to contract with all business and commercial estab-
lishments within the City and agrees that all types of refuse and/or trash
will be picked up from business places within the City of Winter Springs,
Florida, by special contract ,between IWS and customer only; that the
charges for such services, place of collection, quantities and items shall
be by special and commercial collection contract. The maximum rates
charged shall be set by the City and commercial rates shall be categorized
as:
A. Commercial-Business and/or Condominiums - -
1
$2.85 per cubic yard. An amount lower than the maximum
may be negotiated by the parties.
VI. C1lARGES
A. RESIDENTIAL. IWS, at no cost to the City, shall
make direct bullings and collect payment Eor its
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services from such single Camily or residence units. The
maximum charge Eor service level described on Specifications
attached hereto as Exhibit A shall be nine dollars (9.00)
per month, per family or residence unit far 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 tine customer upon a quar-
terly basis in advance at the beginning of each quarter on or
before the 15th of the next succeeding month, the first quar-
terly payment beginning January 1, 1989. IWS shall be entitled
to no rate increase during the three (3) year term of this contract.
Except that a rate increase may be re d b IWS if it is
or County --((yy~~
a direct result of a state/mandated p ~')~nd deemed
necessary and appropriate by IWS and the City. Adequate
justiEicat~on and documentation will be required at the
time of such request.
B. Commercial. Tlie charges by contract for business
and commercial establishments shall be set by City Council
for categories stipula[ed in Paragraph V of this contract.
C. Books. IWS shall maintain good and accurate books
of account reflecting the residences and businesses from which
collections are made and the payments received therefrom and
agrees that said books of account as the pertain to the City
of Winter Springs, Florida shall be open to inspection by
authorized City officials on an annual basis.
VII. PEKFORMANCE Ii~QUIW?fGNTS. IWS hereby guarantees
performance hereunder in accordance with Florida law and any City
Ordinances now in effect or hereafter named. IWS acknowledges that
it is thoroughly familiar with Florida law and City Ordinances and
intends to abide by their specific terms.
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and ha unless from any and all liabilities that may arise by reason of
the injuries to any employees of IWS who are injured while performing any
work or labor necessary to carry out the provisions of this contract. IWS
shall file wi[li the City Cierk a certificate of insurance together with
the receipts for the payment of premiums for the term of the required
policy.
IX. ASSIGNMENT OP CONT[tACT. Tlie contract entered into
lie rein shall not be assignable without the written consent of the City
Council, such consent not to be unreasonably witheld.
X. LAWSUITS. It is expressly understood and agreed;
IWS is in all respects an independent contractor as to all work to be
performed hereunder, notwithstanding that directions will be forthcoming
Erom the Ci[y, its employees and/or agents. IWS shall pay the cost of
attorneys fees and costs plus any judgement which may be obtained against
the City in any admininstrative or judicial proceedings, either alone or
jointly with IWS, its agents or employees, for injury or damages to persons
or party by reason or the performance or nonperformance of the terms of
this contract; provided that if the City alone be sued for such injury
or damage, notice in writing shall be given to IWS to appear and defend
such action. IWS shall hold the City harmless against any damages,
attorneys fees and/or costs incurred as a result of the awarding of this
franchise and any challenges thereto.
XI. WAIVERS. No acquiescence, failure, or neglect,
of either of the contracting parties to insist on strict performance of
any or all of the terq~ or condition of the contract, or any performance
1
required thereunder, or of any remedy, damages, or other right arising
out of such refusal, neglect or inability to perform at any time shall
not be construed to waiver or alter any provision of the contract.
XIII. SEVERABILITY. Should any part, clause, provision,
or condition of this Agreement be held to be void, invalid, or inoperative
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by and Cvurt' of competent jurisdiction, tiicn such invalldity shall not
affect nny other provisions hereof, anJ the remaining provisions shall
be effective as though such lnvalld part, clause, provision, or condition
had not been made.
XXXI. MUTUAL AGREEMENT. Each of the parties hereto
agrees brat the within Agreement and each and every term thereof are
all of the terms existing between the respective parties, and that said
Agreement shall only be amended, supplemented, or altered in writing by
each of the parties through their duly authorized representative.
It is further mutually agreed between the parties that the
territory covered by the provisions of this Franchise Agreement cover
all territory within the municipal limits of the City of Winter Springs,
Florida, and any areas subsequently annexed, shall be secured within a
pecivd of sixty (60) days from the date oC annexation, pursuant to the
terms of this Agreement.
IN WITNESS WlIEREOP, the parties have hereunto caused these
presents to be executed and their seals affixed the day and year first
above written.
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CITY OF WINTER SP NGS, FLORIDA
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:,;. SI'GCIFICATIONS POfI 'L'1IE COLLECT:.QN
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., OC REFUSE (CARRACI:) AND TRASII
All work done and services rendered shall be in accor-
' ~ dance with the following specifications:
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' I. DL'FINITIONS.
City is the City of Winl-er Springs, Florida. Con-
tractor is the person, firm or corporation having a
contract with the City of Winter Springs, Florida,
_ for the work mentioned in these specifications.
II. FREQUENCY OF COLLECTION.
,' All refuse shall Ue collected at frequencies not less
- than those specified in these rules and regulations. The frequency of
collection currently established as follows:
• A. Refuse and Trash - Twice each calendar week. The
Contractor shall make the pick ups on the same days each week for each
unit. If the normal pick up day falls on a specified holiday, the refuse
and trash will not be picked up until the next regularly scheduled pick
up day. Refuse and trash will not' be collected on the following specified
holidays: January 1st, Thanksgiving Day and December 25th, due to the
' closing oC Seminole County disposal sites. The contractor shall, no later
than Uecember 15 of each year, notify the City and customers of the following
' year's specified holidays when the disposal site will be closed. Any
changes in specified holidays must be submitted to and approved by City
in advance.
B. ~ecial Naul 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
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customer. Additionally, IWS will schedule a minimum of four (4)
pick-ups per year City wide for special haul service as defined
' herein. IWS shall notify all customers by mail of the scheduled
pick-ups. Notification shall be at lease four (4) times per year.
III PERIOD OF COLLECTION
All collection of refuse shall be made during the foI-
.;:'.~ lowing hours:
A. All coliections must be made between the hours
1
of 7:00 A.M. and 7:00 P.M., unless otherwise permitted by the City.
s iV. PLACE OF DISPOSAT,.
The Contractor, under Phis notice, must contemplate [he 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.
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V. VEIIICLF.S U:i[•:D ANU CAR[; KF.QIIIKI:D
A11 trucks, trailers, and other conveyances or equip-
ment used to collect refuse shall at all times be kept clean, in good
repair, anJ well painted to the satisfaction of the City Administration.
Tlie collector's name or firm name, truck number, together with his
teleplane 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 to accom-
modating refuse up to twenty-four inc}ies in length, with watertight bodies
so that no material shall leak or be spilled from the vehicles on tl~e
streets or alleys of the City of Winter Springs.
C. Equipment Maintenance and Inspection. Contractor
shall make available,for inspection by the City his collection vehicles
after receiving forty-eight hour written notice of same. The inspection
will include mechanical, sanitary and aesthetic factors. Deficiencies
will be required to be corrected.
D. Contractor's Responsibility for Cleanliness of
Operation. Refuse vehicles shall not be stored within the boundries
of tite City for more than two Hours without the specific permission
of tl~e City Administration having been previously obtained, unless pre-
vented from moving by mechanical difficulties. Under no circumstances
are collection vehicles to be regularly stored within the City limits.
The Contractor shall be responsible for cleaning from the streets and
collection places all refuse spillage resulting from the Contractor's
operation. Each truck shall be equipped with an adequate shovel and
broom for this purpose. In addition, the Contractor shall be respon-
sible for removing and cleaning all oil, grease, paint, glass or other
substances upon the public streets due to equipment failure or refuse
leakage resulting from refuse operations.
E. Personnel - Refrain from Use of Profanity.
Contractor's employee's, in [he .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 TRASiI
A. Residential and Commercial Refuse. Any and all I
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.
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'~" C. In all cases of collection, the contractor shall
carefully replace containers in an upright positions, covers in place
in their proper location alter emptying. The collector, his agents and
employees shall not throw containers to tl~e ground, or Ln any way break
or roughly handle same.
VII. ROUTES AND CIIANGCS
In [he 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 Springs. Ile shall indicate thereon
in an appropriate and easily understandable manner and to the satisfaction
and approval of the Clty Administration the days on which collections
of refuse shall be made tlirougl~ the City. However, contractor shall
endeavor to maintain existing collection scheduling.
Contractor at his own expense shall disseminate to the public
by sucl~ means as may be de [-ermined by the City Cuuncil to be necessary,
the districts and streets and the days of tite week on which refuse and
trash shall be collected, and [lie regulations governing such collection,
and shall furnish to the City and adcqua['e supply of such information.
Suclt published notice shall first be submitL'ed to and approved by [he
City Administration of the City of Wlntcr Springs. Similar notices shall
be published upon the making of any subsequent changes in collection
schedules
Any other type of change affecting collection service shall
be publisltecl and communicated to the public as required in a manner
approved by the Cify Administration.
VIII. WORK TO ISG DONE UNDER DIRECTION OP CITY COUNCIL
OF T1fEIR DESICNATGD K1:PRESENTATIVIi
All questions relating to the interpretation of the agreement
and these specifications and the du des of the contractor hereunder shall
be determined by the City Council or their designated representative.
Contractor shall take steps to assure Clty that a single individual wlll
be assigned to act as liaison with the City of Winter Springs.
IX. INSURANCE AND ISONDS
A. Liability and Insurance: Additionally to and
independently of all other provisions of the Agreement, Contractor shalll,
at its own cost and expense, Eorthwitlt after the execution hereof, procure
a policy or policies of comprehensive public liability and property damage
insurance, with limits of not less than $5,000,000.00 for injuries to
or dea[It of any one person and $10,000,000.00 for injuries to or death
of any two or more persons, and $100,000.00 for damage to one individual's
property and $200,000.00 for two or more persons' property damage, issued
by insurers either approved in writing by the City or rated in IIest's
as "MA" or better, whereof City shall be the name or additionally named
or additionally named insured. 1'Ite terms of said policies may be for
such period as shall be designated by City; provided, however, that
within two (2) months prior to tl~e expiration of such insurance terms,
Contractor shall procure other policies of said insurance so that between
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[he execution oC this Agreement and the commencement of [he Agreement,
and throughout [lie entire contract term or any renewal thereof, or until
the sooner termination hereof, City shall always be named insured under
the policles of comprehensive public liability and property damage insurance
in accordance with the foregoing. Certificates of said insurance, toget-
her with the receipts for payment of premimums for the term thereof,
shall be delivered to City within ten (10) days after the execution of
this Agreement, and thereafter within thirty (30) days prior to the expir-
ation of the term of each such policy. Said policies shall contain a
non-cancellation-without-notice clause and shall provide that copies
of all cancellation notices shall be sent to the City.
Il. Bond. Contractor shall post with the City and
keep in full force and effect during the term of the Agreement, a per-
formance bond issued by a nationally recognized surety company which
will guarantee the Eull and faitlifu2 performance of the terms and
conditions of this Agreement in the amount of ~ 150,000.00
which is the average figuze for three (3) months of collections.
X. ASSICNliLN'f OF CONTRACT
The contract entered Into herein shall not be assignable
without the consent of the City Council and shall be assignable only
upon such terms and conditions as the City Council may require.
XI. RATLS AND C]IARCIiS
Maximum rates chargeable to customers shall be established
by contract between the City of Winter Springs, Florida, and Contractor.
}lowever, no charge shall be made Eor collection of refuse or trash from
any City building or any City containers located within the City of
lJinter Springs.
1
The Orlando Sentinel
Published Doily
$54.40
~tatt of jflortba } 5.5.
COUNTY OF ORANGE
Before the undersigned authori!Y personally appeared
SHERI L. MILLER , who on oath says
that he/she is the Legal Advertising Representative of The Orlando Sentinel, a dally
newspaper published at CASSELBERRY in
s..El"lINOlE County, Florida;
thiifthe attached copy of advertisement, being a NOT J (( OF P lJ aL I (
in the matter of OR.tINANC[ J40- P49
in the SEMINOLE Court,
was published in said newspaper in the issue; of 02/1.1,/97
Affiant further says that the said Orlando Sentinel is a newspaper published at
(~~atl..St~RY , in said
. N County, Flonda,
and that the said newspaper has heretofore been continuously published in
said SEMINOI E County, Florida,
each Week Day and has been entered as second-class mail matter at the post
office in CASSELBERRY in said
SEMINOLE County, Florida,
for a period of one year next precedin the first P~bli tion of the attached
copy of advertisement; and affiant f rt r says that h / he has neither paid
nor promised any person, firm r c rporation a dis ount, re te,
commission or refund for the purp s of securing t s ad rise for
publication in the said newspaper.' ,
~
The foregoing instrument was acknowledged before me this 1 day of
February ,19J!l, by SHERI L. MILLER ,
who is personally known to me and ~~~h. {!. ~
(SEAL)
/,~..-=..,.., EL','CRl '( C. SIMMONS
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NOTICE OF PUBUCHEARING
CITY OF WINTER SPRINGS,
FLORIDA
NOTICE IS HEREBY GIVEN by the City
Commission of the City of Winter
Serings, Florida, that said Commission
Will hold a Public Hearing . ordi-
nance entitled as follows:
ORDINANCE
AN ORDINANCE 0 OF
WINTER SPRINGS, A, SOL-
ID WASTE COLLECTION FRAN-
CHISE AGREEMENT DATED DE-
CEMBER f2, 1992 AND
AWARDING A NEW FRANCHISE
TO B.I=.1. EFFECTIVE MARCH 1,
1997; POVIDING FOR ASSIGN.
MENT, TERMS, CONDITIONS AND
SEVERABILITY.
This Public Hearing will be held at 6:30
p.m. on February 24, 1997 or as soon
thereafter as possible in the Commis-
sion Chambers, City Hall, 1126 E. S.R:
434, Winter Springs, FL 32708.
Copies of the proposed ordinance are
available in the offlce 01 the City Clerk
for Inspection. Interested parties may
appear at this hearing and be heard
with respect to this proposed ordnance.
Persons wijh disabDities needing assis-
tance to participate in any 01. these pro-
ceedings should contact the Employee
Reletions Department ADA Coordinator
t:oi)~~.ir~~ance of the meeting at
Persons are advised that ff they decide
to appeal any decisions made at these
meetings/hearings they will need a re-
cord Of the proceedings and for such
pur= they may need to Insure that a
~~d:ti~i~~~~~~tr~cFu'3;:~~n?:sl~
many and evidence upon which the ap-
~~I is based, per Section 2~6.01 05
~LljR~ WINTER SPRINGS,
/s/ Ma~ M. HopkinSt
~~Ierk Hopkins,
SLS1367152 .. FEB.16,1997 I