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HomeMy WebLinkAboutCollection Agreement-1968 GARBAGE AND REFUSE COLLECTION AGREEMENT * * fit' * '.fit * * * * R * * 9i * * * * * * * THIS AGREEMENT, made and entered into in duplicate, this 1st day of July, 1968, by and between the VILLAGE OF NORTH ORLANDO, Florida, a municipal corporation organized and existing under the laws of the State of Florida, hereinafter referred to as the Village, and OWENS PITTMAN, JR. , and FELTON PITTMAN, d/b/a PITTMAN BROTHERS, hereinafter referred to as the Collector, tip? I T N E S SETH : That for and in consideration of the mutual promises, covenants and conditions herein contained and other valuable considerations, together with the sum of Ten Dollars ($10.00) in hand paid by each party unto the other, receipt of which is hereby acknowledged, the parties hereby agree as follows : A. Collector agrees : 1. To collect the refuse of the citizens of the Village of North Orlando, Florida, during the period from July 1, 1968, through June 30, 1969. 2. Collections of garbage: Any and all types of garbage will be picked up from each family or residence unit twice each week beginning the first week in July, 1968; the Collector making pick-ups on the same day each week except for good cause, which is shown to be beyond the control of the Col- lector; said pick-up days being designated as Monday and Thurs- day of each week for garbage and Wednesday for trash. 3. Collection of trash: Any and all types of yard trash, lawn trimmings and hedge trimmings will be picked up at the curb siding from each family or residence unit once each week, beginning the first week in July, 1968, except for if -T l 1 good cause, which is shown to be beyond the control of the !I Collector. 4. nuantities of �arbae: The Collector agrees to pick up all cans of garbage from each family or residence p unit. 5. ities of trash: The Collector agrees to pick up all trash from the curb siding of each family or rest- once each week. It is understood that yard trash dance unit 1 placed in the game container, one and garbage cannot be mixed or p oP with the other. Items as tree logs will be cut up Le-6-foot � lengths. 6. Char es: The charge for the total service of the Collector will be $2.00 per month from each family or able to the Collector, or such other basis as residence unit P 8 Y shall be agreed upon between the Collector and the customer. . 7 as collections: The Collector agrees Bu sin s 11 garbage and/or trash will be picked up from that all types of g laces within the Village of North Orlando, Florida, business p by special contract only; that the charges for such services, i of collection, quantity, and other terms shall be by place it - special contract between the Collector and the business. _ 8. er of Collection: The Collector, his employees and/or a emp gents shall make all collections with as ossible. little noise and disturbance to the householder as p llections throughout the Village will be conducted so as All c 0 to avoid the creation of a nuisance. All garbage and trash s shall be carefully handled and shall be thoroughly receptacle lace, emptied and left where found, standing upright, covers in P 2 ' ny and all spillage from garbage receptacles or vehicles used in the collection of garbage or trash shall be picked up and policed by the Collector. Garbage pick-ups shall be in the immediate residence area and trash at the curbside. 9. Insurance: The Collector shall take out and maintain during the term liability and property damage insurance which will protect the Collector in the performance of the work covered by this Agreement as against any claims for damages for personal injury, property damage, wrongful or accidental death or otherwise, which may arise from the operation under this Agreement, whether such incidents result from acts of the Collect- or, its employees, agents, sub-contractors, or otherwise, and all of said policies shall contain a ten (10) day cancellation provision to the effect that said policies cannot be canceled except upon ten (10) days notice to the Collector and to the Village. Copies of all policies shall be furnished by the Collector to the Village Clerk of the Village. 10. Amounts of insurance : The Collector shall purchase insurance in amounts as follows : a. Public liability insurance in an amount not less than $100,000.00 for injuries , including wrongful or accidental death to any one person and subject to the same 1 limit for each person and in an amount not less than $300,000.00 on any one accident; b. Property damage insurance in an amount not less than $10,000.00. 11. Independent contractor: It is expressly un- 1 derstood and agreed that the Collector is in all respects an independent contractor as to all work to be performed hereunder, notwithstanding that directions will be forthcoming from the Village, its employees and/or agents. The Collector shall not assign or sublet this Agreement without the consent of the Village. The Collector further agrees to hold and save the Village harm- less from any and all liability in connection with the perform- ance of his duties under the terms of this franchise. 12. It is further agreed that the Collector shall furnish Workmen's Compensation Insurance and copies of such policy shall also be furnished to the Village Clerk of the Village of North Orlando, Florida. 13. The Collector further agrees that he will maintain good and accurate books of account reflecting the resi- dences and businesses from which collections are made and the payments received therefrom and agrees that said books of account as they pertain to the Village of North Orlando, Florida, shall be open to inspection by authorized Village officials at any reasonable time. B. The Village agrees: 1. The Village grants unto the Collector the garbage right to pick up g a and trash within the munici- pal limits of the Village of North Orlando, Florida. 2. The Village shall furnish the Collector such information as is necessary regarding customers and areas of collection together with all such information as may be desired by the Collector. 3. The Village agrees not to unreasonably with- hold consent for sub-contractors. - 4 - i i y 4. The Collector hereunder shall have the right to have this franchise renewed for an additional one year period, by giving to the Village Council thirty (30) days written notice prior to the expiration hereof, subject, however, tothe Contract- or's services being satisfactory in all respects to the Village Council of the Village of North Orlando, Florida. MUTUAL AGREEMENT Each of the parties hereto agrees that the within Agreement and each and every of the terms thereof are all of the terms existing between the respective parties, and that said Agreement shall only be amended, supplemented or altered in writing by each of the parties through their duly authorized representatives. It is further mutually agreed between the parties that the territory covered by the provisions of this Collection Agreement cover the Village of North Orlando proper, the Ranch- lands, Coronado, and all other territory within the municipal limits of the Village of North Orlando, Florida. IN WITNESS WHEREOF, the parties have hereunto caused these presents to be executed and their seals affixed the day and year first above written. Attest: VILLAGE OF NORTH ORLANDO, FLORIDA By: Village 'Clerk Mayor Signed, sealed and delivered in the presence of: • As -to Village • OWENS PITTMAN, JR. , d/b/a PITTMAN BROTHERS As to Collector FELTON PITTMAN, d/b ja PITTMAN BROTHERS - 5 -