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HomeMy WebLinkAboutH&W Refuse Service-1981 REFUSE CONTRACT THIS AGREEMENT, made and entered into, in duplicate, effective this 1st day of January, 1981, by and between the CITY OF WINTER SPRINGS, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, hereinafter referred to as the CITY, and H. & W. REFUSE SERVICE, INC. , whose address is P. 0. Box 153, Longwood, Florida 32750, here- inafter referred to as Contractor. WITNESSETH: THAT WHEREAS, it is the desire of the parties hereto to provide house- hold and commercial refuse and trash collection services to the residents and business enterprises of the City; and WHEREAS, the Contractor realizes that it is acting on behalf of the City in providing the service of household and commercial refuse and trash collection and as such it will direct its employees to conduct themselves with the standards of conduct required of City employees, and, furthermore, to utilize generally accepted public relations techniques in the performance of its duties; and WHEREAS, it is the intent of this Agreement to give the Contractor the exclusive right to pick up household and commercial refuse and trash from all residential and business locations; NOW, THEREFORE, in consideration of the mutual covenants, promises, and conditions herein contained and other valuable considerations, together with the sum of TWENTY-FIVE ($25.00) DOLLARS in hand paid by each party unto the other, receipt of which is hereby acknowledged, the parties hereby agree as follows: I. TERM OF AGREEMENT. This Contract is an exclusive franchise agreement to operate within the confines of the limits of the City of Winter Springs, Florida. The term of this Agreement shall be for three (3) years, commencing on the first day of January, 1981, and ending at midnight on December 31, 1983. The contractor shall have the right to have this franchise renewed for one (I) additional two (2) year period. Contractor shall give the City Council ninety (90) days written notice of intent to renew prior to expiration hereof. Notwithstanding the stated term of this Agreement, the same may be terminated by the City if Contractor's services are considered unsatisfactory, subject, however, to first giving Con- tractor a minimum of ninety (90) days written notice of not only its intent to cancel the contract but also stating the reasons why the City considers Contractor's services unsatisfactory and giving Contractor a reasonable opportunity to correct these deficiencies. II. DUTIES OF CONTRACTOR. The Contractor promises to perform its duties in a good and workmanlike manner in strict compliance with the Specifi- cations for the collection of refuse (garbage) and trash, as set forth in Exhibit A attached hereto and incorporated herein by reference as though set forth in full at this place, which Specifications shall be binding on the parties hereto. III. FIRST PRIORITY. In the event that Contractor experiences equip- ment failure or personnel problems in the operation of its total operation, Con- tractor agrees to give top priority in the assignment of equipment and personnel to all routes within the City. IV. CONTRACTOR'S EXCLUSIVE RIGHT TO SERVICE RESIDENTIAL DWELLINGS. Contractor shall have the exclusive right and duty to contract with all single family or residence units for the collection of household refuse and yard trash. In accordance with the duties of the Contractor set forth in Paragraph II above, no pickup schedule shall be less than that provided in the Specifications attached hereto as Exhibit A. V. BUSINESS AND COMMERCIAL COLLECTIONS. The Contractor shall have the exclusive right and duty to contract with all business and commercial estab- lishments within the City and arees that all types of refuse and/or trash will be picked up from business places within the City of Winter Springs, Florida, by special contract between the Contractor and customer only; that the charges for such services, place of collection, quantities and items shall be by special commercial collection contract. The rates charged shall be set by City Council and commercial rates shall be categorized as: A. Commercial/Business B. Commercial/Condominium VI. CHARGES (A) Residential. Contractor, at no cost to the City shall make direct billings and collect payment for its services from such single family or residence units. Except as hereinafter provided, the maximum charge for service level described on specifications attached hereto as Exhibit A shall be six dollars ($6.00) per month, per family or residence unit for curbside 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 -2- shall be six dollars ($6.00). All fees shall be payable to the contractor by the customer upon a quarterly basis in advance at the beginning of each quarter on or before the 15th of the next succeeding month, the first quarterly payment beginning January 1, 1981. All increases in overhead or direct operating costs, however, may be passed on to the above mentioned customers after an application for a rate increase has been submitted to and approved by the City. Such rate increase applications may be submitted first day of June and first day of January of each year. If, however, the City denies saii request or fails to act on said request within thirty (30) days, then at Contractor' s option this contract may be canceled attentive ninety (90) days from date of denial notification. (B) Commercial. The charges by contract for business and commercial establishments shall be set by City Council for categories stipulated in paragraph V of this contract. (C) Books. The Contractor shall maintain good and accurate books of account reflecting the residences and businesses from which collections are made and the payments received therefrom and agrees that said books of account as they pertain to the City of Winter Springs, Florida, shall be open to inspection by authorized City officials at any reasonable time. VII. PERFORMANCE REQUIREMENTS. The Contractor hereby guarantees performance hereunder in accordance with the specific requirements of the State of Florida Sanitation Code and any City Ordinances now in effect or hereafter named. Contractor acknowledges that it is thoroughly familiar with the Florida Sanitation Code and intends to abide by their specific terms. VIII. WORKMEN'S COMPENSATION. The Contractor shall at all times keep fully insured, at its own expense, all persons employed by it in connection with this contract as required by the laws of the State of Florida. Contractor will hold the City free and harmless from any and all liabilities that may arise by reason of the injuries to any employees of the Contractor who are injured while performing any work or lebor necessary to carry out the provisions of this contract. Contractor shall file with the City Clerk a certificate of insurance together with the receipts for the payment of premiums for the term of the required policy. IX. ASSIGNMENT OF CONTRACT. The contract entered into herein shall not be assignable without the written consent of the City Council, such consent not to be unreasonably withheld. --3- X. LAWSUITS. It is expressly understood and agreed; the Contractor is in all respects an independent Contractor as to all work to be performed hereunder, notwithstanding that directions will be forthcoming from the City, its employees and/or agents. Contractor shall pay any judgment which may be obtained against the City, either alone or jointly with said Contractor, its agents or employees, for injury or damages to persons or party by reason of the performance or nonperformance of the terms of this contract; provided that if the City alone be sued for such injury or damage, notice in writing shall be given to the Contractor to appear and defend ditch action. XI. WAIVERS. No acquiescence, failure, or neglect of either of the contracting parties to insist on strict performance of any or all of any term or condition of the contract, or any performance required thereunder, or of any remedy, damages, or other right arising out of such refusal, neglect or inability to perform at any time shall not be construed to waiver or alter any provision of the contract. 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 so made. XIII. MUTUAL AGREEMENT. Each of the parties hereto agrees that the within Agreement and each and every term thereof are all of the terms existing between the respective parties, and that said Agreement shall only be amended, supplemented, or altered in writing by each of the parties through their duly authorized representatives. It is further mutually agreed between the parties that the territory covered by the provisions of this Collection Agreement cover all territory within the municipal limits of the City of Winter Springs, Florida, and any areas sub- sequently annexed, shall be secured within a period of sixty (60) days from the date of annexation, pursuant to the terms of this Agreement. IN WITNESS WHEREOF, the parties have hereunto caused these presents to be executed and their seals affixed the day and year first above written. -4- REFUSE CONTRACT JA..,ARY 1, 1981 CITY OF WINTER SPRINGS, FLO'IDA By: J, 'YOR IF J. PI 4`D ATTEST: CITYY CLER SEAL: Signed, sealed and delivered in the presence of: caii4. 6d,J aii . . La ) anent As to the City. H. & W. REFUSE SERVICE, INC. P'7 By: EST ! L LLt� PRESIDENT ATTEST:r / 1 SEC AR' SEAL Signed, sealed and delivered in the presence of: al /0 i ' As to Contractor