HomeMy WebLinkAbout441-Roll off and Compactor Srvc226
MINUTES .,,
City Commission, Sanford, Florida 7s00 P.M. REGULAR MEETING Decerab6r 27
Termination of Roll-off and compactor service franchise with Waste Management Inc. of Florida. and open services
for competition until December 31. 2001.
City Manager VanDerworp reported the City has two options, open the franchise to competition until
December 31, 2001, when the FRS agreement will allow them to take over this service; or authorize FRS to have an
exclusive on this service right now. Opening up for competition allows the execution of a franchise agreement with
whomever wishes to provide the service, and the City would still receive the 50% franchise fee. He feels the total
revenues received by the City under this option would be reduced from the approximately $98,000 it is receiving now,
because more than one provider would have to be tracked, and also the price to the consumer would go down due to the
competition, so the revenues would go down. The loss of revenues could be as much as 50%. Giving FRS the exclusive
franchise now would reduce staff administration time and would result in the City receiving the same amount of revenues
they are currently receiving. The City Manager's recommendation is to open the franchise for competition until December
31, 2001, due to all of the building and development that is in progress in Sanford, and the competition would reduce the
cost of new development, which would be an economic development benefit to new businesses in terms of coming into
Sanford and working in Sanford, and that would increase Sanford's tax base.
George Geletko, 507 Lake Victoria Circle, Melbourne, of Waste Management, reported his company spent
twenty years developing this market, prior to June of 1991 when the City took on the business, and they provided a good
service at a very competitive price and did a good job. Through that process Waste Management established 70% of the
market in Sanford, and they would like to continue that service.
Sid Vihlen, Jr., 204 N. Park Avenue, representing Florida Recycling Services, Inc. (FRS), reported they
have just bought the central Florida operations of BFI, which ranked second during the privatization process of the City's
Solid Waste division. There is now a consolidation of the two companies (FRS and BFI) in central Florida, and the
management staffofBFl in central Florida stayed with FRS. They have 145 local trucks and 270 employees, more than 25
who reside within the City of Sanford, as well as three members of the management staff. Also, there are ongoing
negotiations to pumhase a major facility for the roll-offcan and general dumpster shop which includes renovations. Them
is a property in Sanford that he would like to pumhase and bring this new industry to Sanford with a lot of well-paid
employees. They would like to be in operation by the end of February, 2000, or the beginning of Mamh, 2000. He further
reported that FRS is to take over the construction and demolition debris operation for the City in 2001. This means there is
a short period of time between one exclusive franchise and another exclusive franchise, and the City will have increased
administrative duties to include licensing, following insurance, the increased liability for all of the companies, and
monitoring the revenues to protect the City's franchise fees. This could be an administrative nightmare to track income
and revenue. Liability is a major factor in dealing with contracts where them are moving trucks and related dangerous
equipment of multiple contractors.
Jay Gunter reported there could be six to ten contractors that could come forward and want the roll-off
business in Sanford.
Mr. Vihlen reported that he believes the costs to the citizens and the construction community would
increase if the City opened the franchise for competition, because the bids were rendered in a competitive bid process.
MIN U TES
City Commission, Sanford, Florida
7:00 P.M. REGULAR MEETING
Deckbet 27 19 99
Commissioner McClanahan moved to terminate the existing franchise with Waste Management Inc. of
Florida, and give the exclusive franchise to FRS immediately. Seconded by Commissioner Eekstein and carried by vote of
the Commission as follows:
Mayor-Commissioner Dale Nay
Commissioner Eckstein Aye
Commissioner Willjams Aye
Commissioner Lessard Aye
Commissioner McClanahan Aye
Board appointmen~s/reappointments,
Historic Preservation Board. City Clerk Janet Dougherty reported Ms. Sica Nacu resigned from the
Board effective November 1 !, 1999. Commissioner Lessard moved to accept Sica Nacu's resignation. Seconded
by Commissioner Willjams and carried by vote of the Commission as follows:
Mayor-Commissioner Dale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
Commissioner McClanahan Aye
Commissioner V~illiams moved to appoint Barbara Knowles to replace Sica Naeu. Seconded by
Commissioner Lessard and carried by vote of the Commission as follows:
Mayor-Commissioner Dale Aye
Commissioner Eekstein Aye
Commissioner Willjams Aye
Commissioner Lessard Aye
Commissioner McClanahan Aye
Nuisance Abatement Board. City Clerk Janet Dougherty reported there is a vacancy on the Board due to
the resignation of Sue Walther. No action was taken on this board.
Scenic Improvement Board. City Clerk Janet Dougherty reported the terms of Catherine E. Bossert, J.
Manuel Acevedo and Betty Akers expire on January 31, 2000. Commissioner Lessard moved to reappoint Catherine E.
Bossert, J. Manuel Acevedo and Betty Akers. Seconded by Commissioner Willjams and carried by vote of the
Commission as follows:
Mayor-Commissioner Dale Aye
Commissioner Eckstein Aye
Commissioner Williams Aye
Commissioner Lessard Aye
CommissionerMcClanahan Aye
Consent Agenda,
Commissioner Lessard moved as follows:
Accept bid for Precast Concrete Manholes from Taylor Precast, lowest bidder, for Bid//99/00-02, in the
amount of $t0,692.
Acknowledge payments made during November, 1999.
Approve revised McCracken Road Water Facilitation Agreement.
Approve employment agreement with Tony Ackerson for the posit'ion of Pool Supervisor of the San ford
Pool and Aquatic Complex.
Authorize execution of amendment to agreement with GEt Consultants, Inc., increasing the amount of the
contract for Remedial Investigation and a Draft Feasibility Study for Operable Unit 1 by $25,000.00.
MEMORANDUM
TO :
FROM :
SUBJECT :
SANFORD PUBLIC WORKS DEPAR'~MENT
BUILDING - FLEET - SOLID WASTE & STREET DMSIONS
CITY MANAGER
PUBLIC WORKS DIRECTO~
NOVEMBER 26, 1996
COMMERCIAL ROLL-OFF SERVICE REQUF_.SF FOR PROPOSAL RECOMMENDATION
Mr. Simmons,
On November 25, 1996 responses to Request for Proposal 96/97-21 were opened. There
were six responses, one was a no-bid, and all proposals are available for review. This
proposal is to establish rates and terms for the provision of roll-off and compactor service
to customers in the City of Sanford. Jennings Environmental Service is the current provider
and the current pull charge, (amount charged to senrice a container), is $67.50. It should
be noted that the present rate is substantially below prevailing rates in the area - typically
in the $100 per pull range.
For pricing comparison, attached is a spreadsheet that shows the proposed pull charges,
average disposal costs, fees, and total bill for two types of "typical" customers. The first is
a construction type customer using a non-sanitary landfill, the second is for a compactor or
roll-off using' Seminole County's sanitary land fill. Since there are three proposals with pull
charges at or below existing levels, it is recommended that the two with higher charges be
eliminated from further consideration - Disposall, and USA Services Inc.
Of the three remaining .proposals - Browning Ferris Industries (BFI), County
Environmental Services (CES), and Jennings Environmental Services (JES) - issues 6ther
than price are more relevant, with the ability to perform the specified work being foremost.
While BFI and JES are large adequately equipped and staffed companies, and JES has
successfully senticed this contract for four years, CES's proposal lists two trucks and twenty-
nine roll-off containers for equipment and no information about staffing. Although CES's
level of equipment should be adequate to senrice most of the customers most of the time,
it may be insufficient to cope with breakdowns, large volume increases, peak period activity
generated by the major customers, and natural disasters. Unless an alternate method of
insuring performance and prompt response - other than the required performance bond,
which is a slow responding mechanism - it is recommended that CES be eliminated from
further consideration because of their limited resources.
Between the two remaining proposers, their pull prices are $64.15 for BFI, and $67.50
for JES, a difference of $3.35 per pull or 5% +. When considered as a portion of the
"typical" customer bill, about $200 for construction and $300 for compactors, the difference
is even less significant - about 1.7% for construction type service and 1.1% for compactor
service. This price difference is relatively small and, with either choice, would be virtually
transparent to customers.
With both proposals substantially even to this point, with a slight advantage to BFI on
price, qualitative issues become more significant. Primary among these is customer service
and relations, therefore, a sample of four customers were polled, (there are about 35
customers serviced per month and the sample attempts to provide a representative cross
section of uses). They were informed that the contract was being renewed, of the potential
ITEM 7
to save five to ten dollars per pull if the provider were changed, and were asked to
comment. All four reported they were very satisfied with the currein provider and felt they
were getting excellent service. One reported that, "if you can save me a few bucks, do it."
The other three wished to stay with the current vendor - JES.
Other issues to consider in changing providers are: personnel familiarization with
container locations and accessibility, adapting to customer schedules, routine and emergency
contacts for customers, and many other routine matters. While these items are easy to
coordinate and implement, they are all potentially disruptive elements that have been long
settled with the current provider.
BasEd on the above criteria, and in the overall best interest of the City of Sanford and
the affected customers, it is recommended that the franchise be awarded to Jenn~ngs
Environmental Services, Incorporated, P.O. box 6862, Longwood, Florida - 32779-6862, for
the five year term requested in the proposal.
If you concur, please schedule this item for consideration on the December 9, 1996 City
Commission agenda. A draft of the necessary franchise agreement is attached, and
authorization for the Mayor to execute it should be acted on at the same meeting.
RGH/ks
xc: Purchasing Agent
:~~ FRANCHISE AGREEMENT
.., ROLL-OFF AND COMPACTOR SOLID WASTE SERVICE
This agreement, ~nade and entered into this 1st day of January, 1997, by and between
the CITY OF SAN FORD with its principal place of business located at City Hall, P. O. Box
1788, Sanford, FL 32772, hereinafter referred to as the "City", and ,
with its principal place of business located at, hereinafter referred to as
the "Franchisee." '
WITNESSETH:
WHEREAS, it is the intent of the City of Sanford to grant exclusive rights to the Franchisee
for the collection and removal of commercial waste generated by customers who require
roll-off or compactor service within the City; and
WHEREAS, the City is duly authorized to grant a franchise for the collection of solid waste
and recyclable materials within the City of Sanford, Florida; and
WHEREAS, said Franchisee agreescharge rates to customers within the City as specified
and required herein, and
WHEREAS, said Franchisee agrees to pay the Franchise and Recycle Fees specified and
required by Ordinance 3070 and Resolution 1611, as amended from time to time, of the
City of Sanford, and has presented satisfactory evidence to the City that it is in an
adequate physical and financial position to provide such service under all rules and
regulations of the City; and
WHEREAS, the City has found that the granting of a commercial solid waste and
recyclable materials roll-off container collection franchise to the Franchisee is in the best
interest of the public.
NOW THEREFORE, in consideration of the promises and mutual covenants herein
contained, the parties hereto intending to be legally bound, hereby agree as follows:
ARTICLE I - DEFINITIONS
As used herein, the definitions contained in Section 2, definitions, of City of Sanford Ordinance 3066, and
Ordinance 3070 as amended, shall apply unless otherwise specifically stated.
Franchisee: Franchisee shall mean the Franchise Collector or his authorized representative.
Roll-off: Roll-off shall mean a large commercial solid waste container, normally 10 cubic yards or
larger, for the collection of solid waste.
Compactor: A Compactor shall mean a roll-off commercial solid waste container with a mechanical
means of compacting or reducing the volume of the materials placed inside for disposal.
ARTICLE 2 - SCOPE OF WORK
The Franchisee is granted a franchise to provide all collection services of commercial waste requiring roll-
off/compactor containers from and within the City of Sanford, Florida, to customers under the terms and
conditions set forth herein. The Franchisee shall not enter into any service agreements within the City that
replace existing non-roll-off/compactor dumpster service other than as provided herein.
The frequency, type and nature of the collection service of commercial waste shall be as established
individually between the person controlling the real property and the Franchisee. The Franchisee shall
comply with all applicable local, state and federal laws, codes, ordinances, resolutions, rules and regulations.
The Franchisee shall provide all labor, materials, equipment, tools, machinery, facilities, supervision,
skills, and other services to provide the collection services required hereino The Franchisee shall pay, at its
expense, all costs, expenses, license fees, and charges required to perform the collection services including
disposal charges at a State of Florida licensed solid waste facility.
DRAFT DRAFT
FRANCHISE AGREEMENT
ROLL-OFF AND COMPACTOR SOLID WASTE SERVICE
The relationship 'between the parties shall be limited to performance of this Agreement solely in
accordance with its terms. No party shall have any responsibility whatsoever with respect to services
provided or contractual obligations assumed by the other party and nothing in this Agreement shall be
deemed to constitute either party a partner, agent, or legal representative of the other party or to create any
fiduciary relationship. The Franchisee's status shall be that of an independent contractor.
ARTICLE 3 - PAYMENT
3.1 RATES, BILLING and FEES
A. The Franchisee shall be responsible for the billing, collection and incidental costs of fulfilling the contract
agreements with parties being serviced.
B. The Franchisee shall submit a franchise fee to the City of 15% of total invoiced billing for all Commercial
Refuse Service rendered in the City. The franchise fee shall be applied to all charges for service
rendered, i.e. Pull charge, Disposal charge, Short term or frequency based container rental charge and
other authorized charges. The franchise fee shall not apply to long term equipment leases for
compactors or other mechanized specialty equipment.
C. The Franchisee shall submit a recycling fee to the City of $ .50 per cubic yard collected for all
commercial refuse service rendered within the City of Sanford.
D. The Franchisee shall charge rates for roll-off and roll-off compactor collection services as indicated on
the Bid documents, (Bid # 96/97-??), provided by the Franchisee and attached heretoo The rates are
to be calculated by subtotaling: pull charges - disposal charges - rental charges - other applicable
charges, plus a Franchise fee of fifteen percent (15%) of the subtotal charges, plus a Recycling fee of
fifty cents ($0.50) per cubic yard of service rendered.
E. The Franchisee shall pay to the City the applicable franchise and recycling fees as set by the City
Commission by the 20th of the month following provision of the service.
F. The City reserves the right to change the amount of franchise and recycling fees. The City will notify
the Franchisee of any such fee change at least thirty days prior to the effective date.
ARTICLE 4 -INDEMNIFICATION
The Franchisee shall at all times defend, indemnify, protect, hold harmless, and exempt the City, its officers,
agents, servants, employees and subcontractors, from any and all penalty, damage, or charges arising out
of claims, suits arising out of claims, suits, demands, causes of action, or award of damages whether
compensatory or punitive, or expenses adsing therefrom, including the City's attorneys fees, either at law
or in equity, which might be claimed now or in the future, including any payments required by the Worker's
Compensation law, which may arise out of or be caused by the operation of performance, operation, main-
tenance, repair, installation, replacement or removal of any site, building, equipment, or vehicle within the
Franchisee's solid waste collection system and which is caused by a negligent or intentional act or omission
of the Franchisee, its officers, agents, servants, employees, and subcontractors.
The Franchisee shall pay, and by its acceptance of this franchise, the Franchisee specifically agrees that
it will pay, all damages and penalties which the City legally may be required to pay as a result of the
granting or extension of this franchise. Such damages or penalties shall include, but shall not be limited to,
damages arising out of copyright infringements, anti-trust violations, and all other damages arising out of
or relating to its operation and maintenance of a commercial solid waste collection and disposal business,
whether or not any act or omission complained of is authorized, allowed or prohibited by this franchise.
ARTICLE 5 - TERM
5.1 FRANCHISE AGREEMENT
A. The term of this agreement shall be for ??? years beginning on January 1, 1997 and terminating on
December 31, ????. The term shall consist of (???) consecutive annual periods:
The first from- January 1, 1997 through December 31, 1998,
The second from- January 1, 1998 through December 31, 1999,
The franchise agreement shall remain in force unless either party terminates the agreement by giving
written notice of termination at least ninety (90) days prior to the expiration of any annual period.
B. Rates as stated in Article 3 section 3.1, D, and in the Franchisees' bid, (Bid-96/97-??), shall remain firm
DRAFT DRAFT
FRANCHISE AGREEMENT - SOLID WASTE SERVICE
Page 3 of 8
for the full term of this agreement. Rate adjustments may be considered at the end of each annual term
providing that th~ Franchisee submits a request at least ninety (90) days prior to the end of any annual
term. The Franchisee thust provide adequate justification of the need for any rate increase. Such
justification must be submitted with adequate financial records or information to document the necessity
for an increase. Any request for a rate increase which exceeds ,the local Consumer Price Index for
Urban Wage Earners and Clerical Workers, published by the U.S. Department of Labor - Bureau of Labor
Statistics, since the date of the execution of this agreement or. since the date of the last adjustment must
be justified by adequate financial data to document financial hardship for the Franchisee. No rate
adjustments will be considered or allowed within each annual term. All rate adjustments are subject to
final approval by the City Commission operating in public session, whose decision shall be final.
ARTICLE 6 - STATEMENT OF ASSURANCE
The Franchisee, for the Term of this Agreement, assures the City that said Franchisee will not on the
grounds of race, color, national origin, religion, sex, age, handicap or marital status, discriminate in any form
or manner against said Franchisee's employees or applicants for employment (as provided in Title VI of the
1964 Civil Rights Act, and the Florida Human Rights Act of 1977) and understands and agrees that this
Agreement is conditioned upon the veracity of this Statement of Assurance. Furthermore, the Franchisee
herein assures the City that said Franchisee will comply with Title VI of the Civil Rights Act of 1964 when
federal grant(s) is/are involved. Other applicable Federal and State laws, Executive Orders, and regulations
prohibiting discrimination as hereinabove referenced are included by this reference thereto, This Statement
of Assurance shall be interpreted to include Vietnam-Era Veterans and Disabled Veterans within it protective
range of applicability.
ARTICLE 7 - RESPONSIBILITIES OF FRANCHISEE
7.1 EQUIPMENT and PERSONNEL
The Franchisee shall do all the work and furnish at its own expense all labor, materials, equipment, and other
facilities, as may be necessary and proper for performing and completing the work under this Agreement.
The work shall be performed in accordance with the true intent and meaning of this agreement. Unless
otherwise expressly provided, the work must be performed in accordance with the best modern practices,
with workmanship of the highest quality, all as determined by and entirely to the satisfaction of the City.
Unless otherwise expressly provided, the means and methods of collection shall be such as the
Franchisee may choose, subject, however, to the approval of the City. Only adequate and safe procedures,
methods, and equipment shall be used.
7.2 COMMERCIAL COLLECTION SERVICE
The Franchisee shall not provide service to any account until the Franchisee has notified the City's Solid
Waste Division and the Franchisee has received authorization for that account from the City. The City shall
be provided with a copy of the service agreement for each account within one week of providing service.
Copies may be forwarded to the Solid Waste Division by mail or by telefax to (407) 330-5666.
The Franchisee shall collect and remove all properly contained Solid Waste placed in accordance with
City Ordinance No. 3066 and 3070. The nature and frequency of Commercial Collection Service shall be
as agreed between the Customer and Franchisee.
Commercial Collection Service shall not be conducted before 5:30 a.m or after 9:00 p.m. No collection
shall be made on Sunday except for restaurants and hospitals. The Franchisee shall maintain and keep up-
to-date all such records and files as necessary to document the collection service.
7.3 REPORTING of RECYCLABLE and SOLID WASTE COLLECTION MATERIAL
The Franchisee shall keep records of all recyclable and solid waste materials picked up in the City. Such
records shall consist, at a minimum, of the net weight of each type of recyclable material collected, the
volume and weight of all other solid waste collected (yard waste, institutional, demolition, etc.) and all
charges (pull charge, rental fee, tipping fee, equipment lease charge, franchise & recycling fees and other
charges) for each account. A calendar months' report shall be provided to the City with a complete list of
all accounts. The report shall include the following information: each type of material, volume (cu. yards)
DRAFT DRAFT
FRANCHISE AGREEMENT - SOLID WASTE SERVICE
Page 4 of 8
~nd/or weight of each material, the date of collection, a subtotal of all charges; pull charge, rental fee,
tipping fee, equipmen, t lease charge, franchise & recycling fees and other charges for each account and a
grand total of all subtotals for the reporting month. The calendar month report shall be forwarded by the
20th of the following month, failure to do so shall result in a $50.00 fine per day that the report is late.
7.4 PROVISION of COMMERCIAL ROLL-OFF/COMPACTOR CONTAINERS
The Franchisee shall provide roll-off and other large containers to all, authorized commercial collection
service customers requesting them. The type, number, and location of such containers shall be as agreed
between the Customer and Franchisee. In the event that a customer fails to comply with the contract
agreement and his service is discontinued by reason of nonpayment, the City must be promptly notified in
order to take appropriate action for sanitation purposes.
The Franchisee also shall be responsible for the care and maintenance of the roll-off containers supplied
and shall hold the City harmless for any and all liabilities arising out of the use thereof.
For privately owned roll-off containers, the Franchisee shall hold the City harmless for any damages to
the roll-off containers or liabilities associated therewith arising out of utilization of such roll-off containers.
7.5 FREE SERVICE
The Franchisee shall not provide free collection, transportation, or disposal of solid waste services without
the express written approval of the City.
7.6 SUITABLE CONTAINERS
Any privately owned container which is in disrepair so as to cause a hazard to the public, or the Franchisee,
may be condemned and so marked by the Franchisee. The Franchisee must notify the City of within two
(2) days of marking such containers. Containers so marked may be picked up and removed by the
Franchisee after two weeks following the marking of the container if it has not been replaced or repaired by
the Owner.
7.7 PRESERVATION of PROPERTY
The Franchisee shall preserve from damage all property along the mute of the collection services, or which
is in the vicinity of or is in any way affected by the performance of the collection services. Franchisee~hall
locate containers in areas that allow access without driving over curbing, sidewalks and other public
appurtenances. This applies, but is not limited, to the public utilities, trees, lawn areas, building monuments
or markers, fences, pipe and underground structures, public streets, (except natural wear and tear of streets
resulting from legitimate use thereof). Wherever such property is damaged due to the activities of the
Franchisee, it shall be immediately restored to its original condition by the Franchisee at its own expense.
If the Franchisee fails to restore such property, the City may upon 48 hours written notice to the Franchisee,
proceed to repair, rebuild, or otherwise restore such property as may be deemed necessary, and to bill the
cost thereof to the Franchisee.
7.8 SPILLAGE and/or LITTER
The Franchisee shall be responsible for picking up and/or removing any spillage or litter resulting from the
performance of the collection services by the Franchisee. Areas of spilled trash adjacent to commercial
collection containers not caused by the Franchisee shall be cleaned up by the Franchisee or the customer.
7.9 IDENTIFICATION
All solid waste collection vehicles and equipment operated by the Franchisee shall be clearly marked with
the name of the Franchisee and its telephone number. All employees of the Franchisee shall display identifi-
cation showing them as employees of the firm.
7.10 OFFICE
The Franchisee shall maintain an office with regular business hours, five days per week, Monday through
Friday, and shall have adequate personnel and facilities in said office to receive and duly respond to
complaints and questions made or raised by Customers of the Franchisee during regular business hours.
The Franchisee shall provide to the City a list phone numbers of persons who could be contacted for
emergencies or after business hours complaints.
DRAFT DRAFT
FRANCHISE AGREEMENT- SOLID WASTE SERVICE
Page 5 of 8
7.11 BOOKS and RECORDS
The Franchisee shall keep records of wastes collected and charges therefor, and the City shall have the right
to review those records wF~ich in any way pertain to the payments due it as well as the billing of all
customers by the Franchisee. The Franchisee's auditors shall certify to the City the accuracy of these
records. The City shall have the dght to conduct a financial audit performed by an accountant in
accordance with generally accepted accounting principles, when determined necessary by the City. All
information so obtained shall be confidential and shall not be released by the City unless expressly
authorized in writing by the Franchisee or required under applicable law. The Franchisee will be responsible
for the monthly billing of the customer and the City shall be provided with a monthly report as required in
Article 7 - section 7.3 herein.
7.12 PERMITS and LICENSES
The Franchisee shall obtain at its own expense all permits and licenses required by law or ordinance and
maintain same in full force and effect.
7.13 COMPLAINTS
If the Franchisee receives any complaints from customere or other persons on the quality of service, use
of equipment, method of collection, or other matters, then the Franchisee shall respond to the matter within
twenty-four hours of receipt, 48 hours if such complaint occurs on a weekend, and resolve the matter within
seventy-two hours of receipt. Further, the Franchisee shall fully cooperate with the City in addressing such
complaints. The Franchisee shall maintain an up-to-date file listing all complaints received and the
Franchisee's response or action taken with respect thereto. The City shall receive a copy of the complaint
listing on a monthly basis.
7.14 COMMUNITY SERVICE
The Franchisee shall provide emergency response services as directed by the City Manager, which
emergency response service would be performed immediately by the Franchisee in accommodation of the
emergency nature of the service requirement, and for which reasonable compensation to the Franchisee
shall be negotiated with the City Manager after emergency services have been rendered.
ARTICLE 8 - SPECIAL CONDITIONS
8.1 REPRESENTATIVES:
The authorized representative of the City for purposes of this Agreement shall be the Public Works Director.
The authorized representative of the Franchisee for purposes of this agreement shall be the Division
Manager. Either party may change its representative upon five days written notice to the other party.
8.2 INSURANCE
The Franchisee will have and maintain such insurance as will protect it from claims under workers
Compensation Laws; disability benefit laws, or other similar employee benefit laws; from claims for damages
because of bodily injury, occupational sickness or disease, or death of his employees including claims for
damages because of bodily injury, sickness or disease, or death of any person other than his employees,
including claims insured by usual personal injury liability coverage; and from claims for injury to or
destruction of tangible property including loss of use resulting therefrom -- any or all of which may arise out
of or result from the Franchisee's operations under the Agreement, whether such operations be by himself
or by any subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of
them may be legally liable. This insurance shall be written for not less than any limits of liability specified
or required by law, whichever is greater. Within 30 days, the Franchisee will file with the City certificates of
such insurance, acceptable to the City; these certificates shall contain a provision that the coverage afforded
under the policies will not be canceled or materially change until at least thirty days prior written notice has
been given to the City.
INSURANCE REQUIRED:
A. General: Before starting and until completion of the term of the Agreement, the Franchisee shall procure
and maintain insurance of the types and to the limits specified in Paragraphs B (1) through (3) inclusive
below.
DRAFT DRAFT,
FRANCHISE AGREEMENT - SOLID WASTE SERVICE
Page 6 of 8
Coverage: The amounts and types of insurance shall conform to the following minimum requirements:
1. Worker's Compens~.tion - Coverage to apply for all employees for Statutory Limits in compliance
with the applicable state and federal laws. In addition, the policy must include the following:
a. Employer's Liability with a limit of $100,000 each ~ccident.
b. Notice of Cancellation and/or Restriction - The policy mu~,t be endorsed to provide the owner
with thirty (30) days written notice of cancellation and/or restriction.
2. Comprehensive General Liability - Coverage must be afforded 'on a form no more restrictive than
the latest edition of the Comprehensive General Liability Policy filed by the Insurance Services Office
and must include:
a. Minimum limits of $1,000,000 per occurrence and $5,000,000 aggregate combined single limit
for Bodily Injury Liability and Property Damage Liability on,
b. Premises and/or Operations,
c. Independent Contractors,
d. Additional Insured - The owner is to be specifically named as an additional insured, and
e. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide the owner
with thirty (30) days written notice of cancellation and/or restriction.
3. Comprehensive Automobile Liability: Coverage must be afforded on a form no more restrictive than
the latest edition of the Comprehensive Automobile Liability Policy filed by the Insurance Services
Office and must include:
a. Minimum limit of $1,000,000 per occurrence combined single limit for Bodily Injury Uability and
Property Damage Liability on
b. Owned Vehicles,
c. Hired and Non-Owned Vehicles,
d. Employee Non-Ownership, and
e. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide the owner
with thirty (30) days written notice of cancellation and/or restriction.
4. Certificates of Insurance and Copies of Policies: Certificates of Insurance in triplicate evidencing the
insurance coverage specified in the previous paragraphs 8.2 (B) (1) - (3) inclusive, and certified
copies of the bond required by paragraph 8.2 (B) (4) shall be filed with the City before operations
are begun. The required certificates of insurance not only shall name the types of policies prodded,
but also shall refer specifically to this contract and section and the above paragraphs in accordance
with which insurance is being furnished, and shall state that such insurance is as required by such
paragraphs of this contract.
If the initial insurance expires prior to the expiration of this agreement, renewal certificates of
insurance and required copies of policies shall be furnished thirty (30) days prior to the date of their
expiration.
The following cancellation clause must appear on the Certificate of Insurance. The present
Cancellation Clause appearing on the Certificate must be X'd out and initialled by the Agent of the
Insurer.
"Cancellation - Should any of the above described policies be canceled before the stated
expiration date thereof, insurer will not cancel same until at least 30 days prior written notice
(by certified mail) has been given to the City of Sanford, the below named certificate holder.
This prior notice provision is a part of the above described policies. Job Location: City of
Sanford ."
5. Performance and payment bonds: The Franchisee shall furnish to the City a security bond insudng
the faithful performance of this agreement and executed by a surety company with a Best rating of
A or greater with a financial size category of five or better, licensed to do business within the State
of Florida and on the list of federally approved bond companies. Said bond shall be in an amount
deemed by the City and the Franchisee to be reasonable and necessary to enable the City to
receive payment of the franchise and recycling fees provided for by this agreement, and to obtain
equipment and personnel to maintain commercial roll-off collection for a three (3) month period in
the event that the Franchisee becomes insolvent or fails to fulfill the terms and conditions set forth
herein. For the purposes of the security bond the gross annual amount of revenues and
franchise/recycling fees to be generated by this agreement is estimated to be two hundred
thousand dollars ($200,000). The bond amount necessary to assure performance of the Franchisees
DRAFT DRAFT
FRANCHISE AGREEMENT - SOLID WASTE SERVICE
Page 7 of 8
duties and payment of franchise and recycling fees for three (3) months is fifty thousand ($50,000).
The estimated gross annual amount is subject to review and adjustment to more accurately reflect
the actual value of the franchise after each annual period. Prior to execution of this agreement, the
City shall require the Franchisee to furnish such bonds in such form as is acceptable to the City.
8.3 Transfer of Ownership
This Agreement shall not be assigned or transferred, or if'a corporation, controlling interest in the
corporation shall not be sold without the consent of the City of Sanford, which consent if given shall be
evidenced by a resolution of the City Commission.
8.4 Notice of Default and Default of Contract
Should the Franchisee abandon or delay unnecessarily the performance of, or in any manner refuse or fail
to comply with any of the terms of this Agreement or neglect or refuse to comply with the instructions of
the City relative thereto, the City shall notify the Franchisee, in writing, of such abandonment, delay, refusal,
failure, or neglect and direct the Franchisee to comply with all provisions of the Agreement. Copies of such
written notice shall be mailed to the surety that issued the performance and payment bonds and be present-
ed to the City Commission for action. The City Commission shall hear the matter at an open session within
fourteen (14) days after receipt of such written notice from the City and shall make a determination within
seven (7) days after hearing by the City Commission whether or not the action in question is a breach of
the terms of this Contract. The Franchisee agrees to be present at such hearing and show cause why it has
abandoned, delayed, refused, failed or neglected to comply with the terms of the Agreement.
Should the Franchisee fail to appear or fail to show cause why it has abandoned, delayed, refused, failed
or neglected to comply with the terms of the Agreement satisfactory to the City Commission, such
Commission may declare a default of the Agreement and notify the Franchisee and the surety that issued
the performance and payment bond of such declaration of default, and the City Commission may take such
other action as it may deem advisable.
Upon receipt by the City of such declaration of default, the Franchisee agrees upon request of the City
that he will discontinue the work and that the City of Sanford will provide the collection services to all of the
franchise collectors customers.
8.5 Decisions of Questions
To prevent disputes, it is understood that questions arising as to the proper performance and the amount
to be paid for under this Agreement shall be decided by the City Manager of Sanford, subject to the right
of Franchisee to appeal to the City Commission, whose decision shall be final.
8~6 Force Majeure
Notwithstanding any provision other than as set forth in this Section, Force Majeure, the performance of this
Agreement may be suspended and the obligations thereunder excused in the event that such performance
is prevented by an event beyond the control of the Franchisee (Force Majeure) and the Franchisee acts in
the following manner:
1. As a condition precedent the Franchisee shall notify in writing within 48 hours, and affirmatively prove
within seven days to the City the occurrence of a force majeure event and the time delay thereby to the
performance of the provisions of this Agreement.
2. Should the City find that a Force Majeure event has occurred, it shall extend the time for Performance
accordingly. Provided that in the event the City, exercising its reasonable discretion, finds that the Force
Majeure event will prevent or alter performance or for such a period of time as to make performance
unreasonable, the City may declare the Agreement terminated.
3. A force majeure is defined for the purpose of this Agreement as:
Compliance with any order of any governmental authority or court, acts of war, rebellion, insurrection,
sabotage or damage resulting therefrom, fires, floods, explosions,washouts, or events similar to these
above. Provided that any Force Majeure event or its effects must be affirmatively shown to have been
beyond the reasonable control of the Franchisee.
The parties further recognize that the provision of Section 8.6 shall in no way limit the Franchisee's
duty, as otherwise specified herein, to secure all necessary permits and comply with all applicable laws,
regulation, or permit conditions. Any administrative or legal proceedings required to be carried out by
DRAFT DRAFT
FRANCHISE AGREEMENT - SOLID WASTE SERVICE
Page 8 of 8
the Franchisee shall be pursued until all available appeals have been exhausted, unless written
instruction to the, contract is received from the City Commission.
8.7 Severability t
If any part, section, subsection, or other portion of this Solid Waste Franchise Agreement is declared void,
unconstitutional, or invalid for any reason,-such part, section, subsection, or other portion, or the prescribed
application thereof, shall be severable, and the remaining provisions of t. his Agreement, and all applications
thereof not having been declared void, unconstitutional, or invalid shall remain in full force and effect. The
City and Franchisee declare that no invalid or illegal inducement has been given or offered for the execution
of this Agreement.
8.8 Modifications to contract due to public welfare or chanae in law:
The City shall have the unilateral right to make changes in this Franchise Agreement as the result of changes
in law and to impose new and reasonable rules and regulations on the Franchisee under this Agreement
relative to the scope and methods of providing Commercial and Recycling Collections Services as shall from
time to time be necessary and desirable for the public welfare. The City shall give the Franchisee reasonable
notice of any proposed change and an opportunity to be heard concerning those matters. The scope and
method of providing Commercial and Recycling Collection Services as referenced herein shall also be
liberally construed to include, but is not limited to the manner, procedures, operations and obligations,
financial or otherwise, of the Franchisee. The City and the Franchisee understand and agree that the 1988
Florida Legislature has made comprehensive changes in Solid Waste Management legislation and that these
and other changes in law in the future which mandate certain actions or programs for counties or
municipalities may require changes or modifications in some of the terms, conditions or obligations under
this Agreement. Nothing contained in this Agreement shall require any party to perform any act or function
contrary to law. The City and the Franchisee agree to enter into good faith negotiations regarding
modifications to this Agreement which may be required in order to implement changes in the interest of the
public welfare or due to change in law..
IN WITNESS WHEREOF, the parties hereto have caused this Franchise Agreement to be
duly executed, in triplicate, this __ day of ,1996.
CITY OF SANFORD, FLORIDA
FRANCHISEE
Mayor
Bettye D. Smith
Attest:
Signature
Name (typed or printed)
City Clerk
Title
Company - print
Attest:
DRAFT DRAFT
FRANCHISE AGREEMENT - SOLID WASTE SERVICE
Notary at Large
Date & Seal
Page 9 of 8
DRAFT DRAFT
FRANCHISE AGREEMENT
ROLL-OFF AND COMPACTOR SOLID WASTE SERVICE
This agreement, made and entered into this 1st day of January, 1997, by and between
the CITY OF SANFORD with its principal place of business located at City Hall, P. O.
Box 1788, Sanford, FL 32772, hereinafter referred to as the "City", and dennings
Environmental Services, Incorporated, with its principal place of business located at,
101 Wymore Road, Suite 314, P O Box 6862, Longwood, FI 32779-6862 hereinafter
referred to as the "Franchisee".
WITNESSETH:
WHEREAS, it is the intent of the City of Sanford to grant exclusive rights to the Franchisee
for the collection and removal of commercial waste generated by customers who require
roll-off or compactor service within the City; and
WHEREAS, the City is duly authorized to grant a franchise for the collection of solid waste
and recyclable materials within the City of Sanford, Florida; and
WHEREAS, said Franchisee agrees to charge rates to customers within the City as
specified and required herein, and
WHEREAS, said Franchisee agrees to pay the Franchise and Recycle Fees specified and
required by Ordinance 3070 and Resolution 1611, as amended from time to time, of the
City of Sanford, and has presented satisfactory evidence to the City that it is in an
adequate physical and financial position to provide such service under all rules and
regulations of the City; and
WHEREAS, the City has found that the granting of a commercial solid waste and
recyclable materials roll-off container collection franchise to the Franchisee is in the best
interest of the public.
NOW THEREFORE, in consideration of the promises and mutual covenants herein
contained, the parties hereto intending to be legally bound, hereby agree as follows:
ARTICLE 1 - DEFINITIONS
As used herein, the definitions contained in Section 2, definitions, of City of Sanford Ordinance 3066, and
Ordinance 3070 as amended, shall apply unless otherwise specifically stated.
Franchisee: Franchisee shall mean the Franchise Collector or his authorized representative.
Roll-off: Roll-off shall mean a large commercial solid waste container, normally 10 cubic yards or
larger, for the collection of solid waste.
Compactor: A Compactor shall mean a roll-off commercial solid waste container with a mechanical
means of compacting or reducing the volume of the materials placed inside for disposal.
ARTICLE 2 - SCOPE OF WORK
The Franchisee is granted a franchise to provide all collection services of commercial waste requiring roll-
off/compactor containers from and within the City of Sanford, Florida, to customers under the terms and
conditions set forth herein. The Franchisee shall not enter into any service agreements within:tkie:Ci:~y that
replace existing non-roll-off/compactor dumpster service other than as provided herein. ::.~: '
The frequency, type and nature of the collection service of commercial waste shall be as established
individually between the person controlling the real property and the Franchisee. The Franchisee shall
comply with all applicable local, state and federal laws, codes, ordinances, resolutions, rules and regulations.
The Franchisee shall provide all labor, materials, equipment, tools, machinery, facilities, supervision,
skills, and other services to provide the collection services required herein. The Franchisee shall pay, at its
expense, all costs, expenses, license fees, and charges required to perform the collection services including
disposal charoes at a State of Florida lin~n~rf ,~nlid wa~tp farilitv
FRANCHISE AGREEMENT - SOLID WASTE SERVICE
Page 2 of 8
The relationship between the parties shall be limited to performance of this Agreement solely in
accordance with its terms. No party shall have any responsibility whatsoever with respect to sen/ices
provided or contractual obligations assumed by the other party and nothing in this Agreement shall be
deemed to constitute either party a partner, agent, or legal representative of the other party or to create any
fiduciary relationship, The Franchisee's status shall be that of an independent contractor.
ARTICLE 3 - PAYMENT
3.1 RATES, BILLING and FEES
A. The Franchisee shall be responsible for the billing, collection and incidental costs of fulfilling the contract
agreements with parties being sen/iced
B. The Franchisee shall submit a franchise fee to the City of 15% of total invoiced billing for all Commercial
Refuse Sen/ice rendered in the City. The franchise fee shall be applied to all charges for service
rendered, i.e. Pull charge, Disposal charge, Short term or frequency based container rental charge and
other authorized charges. The franchise fee shall not apply to long term equipment leases for
compactors or other mechanized specialty equipment.
C. The Franchisee shall submit a recycling fee to the City of $ .50 per cubic yard collected for all
commercial refuse service rendered within the City of Sanford.
D. The Franchisee shall charge rates for roll-off and roll-off compactor collection services as indicated on
the Bid documents, (Bid # 96/97-21 ), provided by the Franchisee and attached hereto. The rates are
to be calculated by subtotaling: pull charges - disposal charges - rental charges - other applicable
charges, plus a Franchise fee of fifteen percent (15%) of the subtotal charges, plus a Recycling fee of
fifty cents ($0.50) per cubic yard of sen/ice rendered.
E. The Franchisee shall pay to the City the applicable franchise and recycling fees as set by the City
Commission by the 20th of the month following provision of the service.
F. The City reserves the right to change the amount of franchise and recycling fees. The City will notify
the Franchisee of any such fee change at least thirty days prior to the effective date.
ARTICLE 4 - INDEMNIFICATION
The Franchisee shall at all times defend, indemnify, protect, hold harmless, and exempt the City, its officers,
agents, servants, employees and subcontractors, from any and all penalty, damage, or charges arising out
of claims, suits arising out of claims, suits, demands, causes of action, or award of damages whether
compensatory or punitive, or expenses arising therefrom, including the City's attorneys fees, either at law
or in equity, which might be claimed now or in the future, including any payments required by the Worker's
Compensation law, which may arise out of or be caused by the operation of performance, operation, main-
tenance, repair, installation, replacement or removal of any site, building, equipm. ent, or vehicle within the
Franchisee's solid waste collection system and which is caused by a negligent or intentional act or omission
of the Franchisee, its officers, agents, sen/ants, employees, and subcontractors.
The Franchisee shall pay, and by its acceptance of this franchise, the Franchisee specifically agrees that
it will pay, all damages and penalties which the City legally may be required to pay as a result of the
granting or extension of this franchise. Such damages or penalties shall include, but shall not be limited to,
damages arising out of copyright infringements, anti-trust violations, and all other damages arising out of
or relating to its operation and maintenance of a commercial solid waste collection and disposal business,
whether or not any act or omission complained of is authorized, allowed or prohibited by this franchise.
ARTICLE 5 - TERM
5.1 FRANCHISE AGREEMENT
A. The term of this agreement shall be for five years beginning on January 1, 1997 and terminating on
December 31, 2002. The term shall consist of (5) consecutive annual periods:
The first from- January 1, 1997 through December 31, 1998,
The second from- January 1, 1998 through December 31, 1999,
The third from- January 1, 1999 through December 31, 2000,
The fourth from- January 1, 2000 through December 31, 2001,
The fifth from- January 1, 2001 through December 31, 2002,
The franchise agreement shall remain in force unless either party terminates the agreement by giving
written notice of termination at least ninety (90) days prior to the expiration of any annual period.
B. Rates as stated in Article 3 section 3.1, D, and in the Franchisees' bid, (Bid-96/97-21), shall remain firm
FRANCHISE AGREEMENT - SOLID WASTE SERVICE
Page 3 of 8
for the full term of this agreement. Rate adjustments may be Considered at the end of each annual term
providing that the Franchisee submits a request at least ninety (90) days prior to the end of any annual
term. The Franchisee must provide adequate justification of the need for any rate increase. Such
justification must be submitted with adequate financial records or information to document the necessity
for an increase. Any request for a rate increase which exceeds the local Consumer Price Index for
Urban Wage Earners and Clerical Workers, published by the U.S. Department of Labor - Bureau of Labor
Statistics, since the date of the execution of this agreement or since the date of the last adjustment must
be justified by adequate financial data to document financial hardship for the Franchisee. No rate
adjustments will be considered or allowed within each annual term. All rate adjustments are subject to
final approval by the City Commission operating in public session, whose decision shall be final.
ARTICLE 6 - STATEMENT OF ASSURANCE
The Franchisee, for the Term of this Agreement, assures the City that said Franchisee will not on the
grounds of race, color, national origin, religion, sex, age, handicap or marital status, discriminate in any form
or manner against said Franchisee's employees or applicants for employment (as provided in Title VI of the
1964 Civil Rights Act, and the Florida Human Rights Act of 1977) and understands and agrees that this
Agreement is conditioned upon the veracity of this Statement of Assurance. Furthermore, the Franchisee
herein assures the City that said Franchisee will comply with Title VI of the Civil Rights Act of 1964 when
federal grant(s) is/are involved. Other applicable Federal and State laws, Executive Orders, and regulations
prohibiting discrimination as hereinabove referenced are included by this reference thereto. This Statement
of Assurance shall be interpreted to include Vietnam-Era Veterans and Disabled Veterans within it protective
range of applicability.
ARTICLE 7 - RESPONSIBILITIES OF FRANCHISEE
7.1 EQUIPMENT and PERSONNEL
The Franchisee shall do all the work and furnish at its own expense all labor, materials, equipment, and other
facilities, as may be necessary and proper for performing and completing the work under this Agreement.
The work shall be performed in accordance with the true intent and meaning of this agreement. Unless
otherwise expressly provided, the work must be performed in accordance with the best modern practices,
with workmanship of the highest quality, all as determined by and entirely to the satisfaction of the City.
Unless otherwise expressly provided, the means and methods of collection shall be such as the
Franchisee may choose, subject, however, to the approval of the City. Only adequate and safe procedures,
methods, and equipment shall be used.
7.2 COMMERCIAL COLLECTION SERVICE
The Franchisee shall not provide service to any account until the Franchisee hE{s notified the City's Solid
Waste Division and the Franchisee has received authorization for that account from the City. The City shall
be provided with a copy of the service agreement for each account within one week of providing service.
Copies may be forwarded to the Solid Waste Division by mail or by telefax to (407) 330-5666.
The Franchisee shall collect and remove all properly contained Solid Waste placed in accordance with
City Ordinance No. 3066 and 3070. The nature and frequency of Commercial Collection Service shall be
as agreed between the Customer and Franchisee.
Commercial Collection Service shall not be conducted before 5:30 a.m or after 9:00 p.m. No collection
shall be made on Sunday except for restaurants and hospitals. The Franchisee shall maintain and keep up-
to-date all such records and files as necessary to document the collection service.
7.3 REPORTING of RECYCLABLE and SOLID WASTE COLLECTION MATERIAL
The Franchisee shall keep records of all recyclable and solid waste materials picked up in the City. Such
records shall consist, at a minimum, of the net weight of each type of recyclable material collected, the
volume and weight of all other solid waste collected (yard waste, institutional, demolition, etc.) and all
charges (pull charge, rental fee, tipping fee, equipment lease charge, franchise & recycling fees and other
charges) for each account. A calendar months' report shall be provided to the City with a complete list of
all accounts. The report shall include the following information: each type of material, volume (cu. yards)
and/or weight of each material, the date of collection, a subtotal of all charges; pull charge, rental fee,
tipping fee, equipment lease charge, franchise & recycling fees and other charges for each account and a
grand total of all subtotals for the reporting month. The calendar month report shall be forwarded by the
FRANCHISE AGREEMENT - SOLID WASTE SERVICE
Page 4 of 8
20th of the following month, failure to do so shall result in a $50.00 fine per day that the report is late.
7.4 PROVISION of COMMERCIAL ROLL-OFF/COMPACTOR CONTAINERS
The Franchisee shall provide roll-off and other large containers to all authorized commercial collection
service customers requesting them. The type, number, and location of such containers shall be as agreed
between the Customer and Franchisee. In the event that a customer fails to comply with the contract
agreement and his service is discontinued by reason of nonpayment, the City must be promptly notified in
order to take appropriate action for sanitation purposes.
The Franchisee also shall be responsible for the care and maintenance of the roll-off containers supplied
and shall hold the City harmless for any and all liabilities arising out of the use thereof.
For privately owned roll-off containers, the Franchisee shall hold the City harmless for any damages to
the roll-off containers or liabilities associated therewith arising out of utilization of such roll-off containers.
7.5 FREE SERVICE
The Franchisee shall not provide free collection, transportation, or disposal of solid waste services without
the express written approval of the City.
7.6 SUITABLE CONTAINERS
Any privately owned container which is in disrepair so as to cause a hazard to the public, or the Franchisee,
may be condemned and so marked by the Franchisee. The Franchisee must notify the City of within two
(2) days of marking such containers. Containers so marked may be picked up and removed by the
Franchisee after two weeks following the marking of the container if it has not been replaced or repaired by
the Owner.
7.7 PRESERVATION of PROPERTY
The Franchisee shall preserve from damage all property along the route of the collection services, or which
is in the vicinity of or is in any way affected by the performance of the collection services. Franchisee shall
locate containers in areas that allow access without driving over curbing, sidewalks and other public
appurtenances. This applies, but is not limited, to the public utilities, trees, lawn areas, building monuments
or markers, fences, pipe and underground structures, public streets, (except natural wear and tear of streets
resulting from legitimate use thereof). Wherever such property is damaged due to the activities of the
Franchisee, it shall be immediately restored to its original condition by the Franchisee at its own expense.
If the Franchisee fails to restore such property, the City may upon 48 hours written notice to the Franchisee,
proceed to repair, rebuild, or other/vise restore such property as may be deemed necessary, and to bill the
cost thereof to the Franchisee.
7.8 SPILLAGE and/or LITTER
The Franchisee shall be responsible for picking up and/or removing any spillage or litter resulting from the
performance of the collection services by the Franchisee. Areas of spilled trash adjacent to commercial
collection containers not caused by the Franchisee shall be cleaned up by the Franchisee or the customer.
7.9 IDENTIFICATION
All solid waste collection vehicles and equipment operated by the Franchisee shall be clearly marked with
the name of the Franchisee and its telephone number. All employees of the Franchisee shall display identifi-
cation showing them as employees of the firm.
7.10 OFFICE
The Franchisee shall maintain an office with regular business hours, five days per week, Monday through
Friday, and shall have adequate personnel and facilities in said office to receive and duly respond to
complaints and questions made or raised by Customers of the Franchisee during regular business hours.
The Franchisee shall provide to the City a list phone numbers of persons who could be contacted for
emergencies or after business hours complaints.
7.11 BOOKS and RECORDS
The Franchisee shall keep records of wastes collected and charges therefor, and the City shall have the right
to review those records which in any way pertain to the payments due it as well as the billing of all
FRANCHISE AGREEMENT - SOLID WASTE SERVICE
Page 5 of 8
customers by the Franchisee. The Franchisee's auditors shall certify to the City the accuracy of these
records. The City shall have the right to conduct a financial audit performed by an accountant in
accordance with generally accepted accounting principles, when determined necessary by the City. All
information so obtained shall be confidential and shall not be released by the City unless expressly
authorized in writing by the Franchisee or required under applicable law. The Franchisee will be responsible
for the monthly billing of the customer and the City shall be provided with a monthly report as required in
Article 7 - section 7.3 herein.
7.12 PERMITS and LICENSES
The Franchisee shall obtain at its own expense all permits and licenses required by law or ordinance and
maintain same in full force and effect.
7.13 COMPLAINTS
If the Franchisee receives any complaints from customers or other persons on the quality of service, use
of equipment, method of collection, or other matters, then the Franchisee shall respond to the matter within
twenty-four hours of receipt, 48 hours if such complaint occurs on a weekend, and resolve the matter within
seventy-two hours of receipt. Further, the Franchisee shall fully cooperate with the City in addressing such
complaints. The Franchisee shall maintain an up-to-date file listing all complaints received and the
Franchisee's response or action taken with respect thereto. The City shall receive a copy of the complaint
listing on a monthly basis.
7.14 COMMUNITY SERVICE
The Franchisee shall provide emergency response services as directed by the City Manager, which
emergency response service would be performed immediately by the Franchisee in accommodation of the
emergency nature of the service requirement, and for which reasonable compensation to the Franchisee
shall be negotiated with the City Manager after emergency services have been rendered.
ARTICLE 8 - SPECIAL CONDITIONS
8.1 REPRESENTATIVES
The authorized representative of the City for purposes of this Agreement shall be the Public Works Director.
The authorized representative of the Franchisee for purposes of this agreement shall be the Division
Manager. Either party may change its representative upon five days written notice to the other party.
8.2 INSURANCE
The Franchisee will have and maintain such insurance as will protect it from claims under workers
Compensation Laws; disability benefit laws, or other similar employee benefit lawsl, from claims for damages
because of bodily injury, occupational sickness or disease, or death of his employees including claims for
damages because of bodily injury, sickness or disease, or death of any person other than his employees,
including claims insured by usual personal injury liability coverage; and from claims for injury to or
destruction of tangible property including loss of use resulting therefrom -- any or all of which may arise out
of or result from the Franchisee's operations under the Agreement, whether such operations be by himself
or by any subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of
them may be legally liable. This insurance shall be written for not less than any limits of liability specified
or required by law, whichever is greater. Within 30 days, the Franchisee will file with the City certificates of
such insurance, acceptable to the City; these certificates shall contain a provision that the coverage afforded
under the policies will not be canceled or materially change until at least thirty days prior written notice has
been given to the City.
INSURANCE REQUIRED:
A. General: Before starting and until completion of the term of the Agreement, the Franchisee shall procure
and maintain insurance of the types and to the limits specified in Paragraphs B (1) through (3) inclusive
below.
B. Coverage: The amounts and types of insurance shall conform to the following minimum requirements:
1. Worker's Compensation - Coverage to apply for all employees for Statutory Limits in compliance
with the applicable state and federal laws. In addition, the policy must include the following:
a. Employer's Liability with a limit of $100,000 each accident.
b, Notice of Cancellation and/or Restriction - The policy must be endorsed to provide the owner
FRANCHISE AGREEMENT - SOLID WASTE SERVICE
Page 6 of 8
thirty (30) days written notice of cancellation and/or restriction.
2. Comprehensive General Liability - Coverage must be afforded on a form no more restrictive than
the latest edition of the Comprehensive General Liability Policy filed by the Insurance Sen/ices Office
and must include:
a. Minimum limits of $1,000,000 per occurrence and $5,000,000 aggregate combined single limit
for Bodily Injury Liability and Property Damage Liability on,
b- Premises and/or Operations,
c. Independent Contractors,
d. Additional Insured - The City is to be specifically named as an additional insured, and
e. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide the City with
thirty (30) days written notice of cancellation and/or restriction.
3. Comprehensive Automobile Liability: Coverage must be afforded on a form no more restrictive than
the latest edition of the Comprehensive Automobile Liability Policy filed by the Insurance Sen/ices
Office and must include:
a. Minimum limit of $1,000,000 per occurrence combined single limit for Bodily Injury Liability and
Property Damage Liability on
b. Owned Vehicles,
c. Hired and Non~Owned Vehicles,
d. Employee Non-Ownership, and
e. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide the City with
thirty (30) days written notice of cancellation and/or restriction.
4. Certificates of Insurance and Copies of Policies: Certificates of Insurance in triplicate evidencing the
insurance coverage specified in the previous paragraphs 8.2 (B) (1) - (3) inclusive, and certified
copies of the bond required by paragraph 8.2 (B) (4) shall be filed with the City before operations
are begun. The required certificates of insurance not only shall name the types of policies provided,
but also shall refer specifically to this contract and section and the above paragraphs in accordance
with which insurance is being furnished, and shall state that such insurance is as required by such
paragraphs of this contract.
If the initial insurance expires prior to the expiration of this agreement, renewal certificates of
insurance and required copies of policies shall be furnished thirty (30) days prior to the date of their
expiration.
The following cancellation clause must appear on the Certificate of Insurance. The present
Cancellation Clause appearing on the Certificate must be X'd out and initialled by the Agent of the
I RSUreF.
"Cancellation - Should any of the above described policies be canceled before the stated
expiration date thereof, insurer will not cancel same until at least 30 days prior written notice
(by certified mail) has been given to the City of Sanford, the below named certificate holder.
This prior notice provision is a part of the above described policies. Job Location: City of
Sanford."
5. Performance and payment bonds: The Franchisee shall furnish to the City a security bond insuring
the faithful performance of this agreement and executed by a surety company with a Best rating of
A or greater with a financial size category of five or better, licensed to do business within the State
of Florida and on the list of federally approved bond companies. Said bond shall be in an amount
deemed by the City and the Franchisee to be reasonable and necessary to enable the City to
receive payment of the franchise and recycling fees provided for by this agreement, and to obtain
equipment and personnel to maintain commercial roll-off collection for a three (3) month period in
the event that the Franchisee becomes insolvent or fails to fulfill the terms and conditions set forth
herein. For the purposes of the security bond the gross annual amount of revenues and
franchise/recycling fees to be generated by this agreement is estimated to be two hundred
thousand dollars ($200,000). The bond amount necessary to assure performance of the Franchisees
duties and payment of franchise and recycling fees for three (3) months is fifty thousand ($50,000).
The estimated gross annual amount is subject to review and adjustment to more accurately reflect
the actual value of the franchise after each annual period. Prior to execution of this agreement, the
City shall require the Franchisee to furnish such bonds in such form as is acceptable to the City.
8.3 Transfer of Ownership
FRANCHISE AGREEMENT - SOLID WASTE SERVICE
Page 7 of 8
This Agreement shall not be assigned or transferred, or if a corporation, controlling interest in the
corporation shall not be sold without the consent of the City of Sanford, which consent if given shall be
evidenced by a resolution of the City Commission.
8.4 Notice of Default and Default of Contract
Should the Franchisee abandon or delay unnecessarily the performance of, or in any manner refuse or fail
to comply with any of the terms of this Agreement or neglect or refuse to comply with the instructions of
the City relative thereto, the City shall notify the Franchisee, in writing, of such abandonment, delay, refusal,
failure, or neglect and direct the Franchisee to comply with all provisions of the Agreement. Copies of such
written notice shall be mailed to the surety that issued the performance and payment bonds and be present-
ed to the City Commission for action. The City Commission shall hear the matter at an open session within
fourteen (14) days after receipt of such written notice from the City and shall make a determination within
seven (7) days after hearing by the City Commission whether or not the action in question is a breach of
the terms of this Contract. The Franchisee agrees to be present at such hearing and show cause why it has
abandoned, delayed, refused, failed or neglected to comply with the terms of the Agreement.
Should the Franchisee fail to appear or fail to show cause why it has abandoned, delayed, refused, failed
or neglected to comply with the terms of the Agreement satisfactory to the City Commission, such
Commission may declare a default of the Agreement and notify the Franchisee and the surety that issued
the performance and payment bond of such declaration of default, and the City Commission may take such
other action as it may deem advisable.
Upon receipt by the City of such declaration of default, the Franchisee agrees upon request of the City
that he will discontinue the work and that the City of Sanford will provide the collection services to all of the
franchise collectors customers.
8.5 Decisions of Questions
To prevent disputes, it is understood that questions arising as to the proper performance and the amount
to be paid for under this Agreement shall be decided by the City Manager of Sanford, subject to the right
of Franchisee to appeal to the City Commission, whose decision shall be final.
8.6 Force Majeure
Notwithstanding any provision other than as set forth in this Section, Force Majeure, the performance of this
Agreement may be suspended and the obligations thereunder excused in the event that such performance
is prevented by an event beyond the control of the Franchisee (Force Majeure) and the Franchisee acts in
the following manner:
1. As a condition precedent the Franchisee shall notify in writing within 48 hours, and affirmatively prove
within seven days to the City the occurrence of a force majeure event and thdtime delay thereby to the
performance of the provisions of this Agreement.
2. Should the City find that a Force Majeure event has occurred, it shall extend the time for Performance
accordingly. Provided that in the event the City, exercising its reasonable discretion, finds that the Force
Majeure event will prevent or alter performance or for such a period of time as to make performance
unreasonable, the City may declare the Agreement terminated.
3. A force majeure is defined for the purpose of this Agreement as:
Compliance with any order of any governmental authority or court, acts of war, rebellion, insurrection,
sabotage or damage resulting therefrom, fires, floods, explosions,washouts, or events similar to these
above. Provided that any Force Majeure event or its effects must be affirmatively shown to have been
beyond the reasonable control of the Franchisee.
The parties further recognize that the provision of Section 8.6 shall in no way limit the Franchisee's
duty, as otherwise specified herein, to secure all necessary permits and comply with all applicable laws,
regulation, or permit conditions. Any administrative or legal proceedings required to be carried out by
the Franchisee shall be pursued until all available appeals have been exhausted, unless written
instruction to the contract is received from the City Commission.
8.7 Severability
If any part, section, subsection, or other portion of this Solid Waste Franchise Agreement is declared void,
unconstitutional, or invalid for any reason, such part,section, subsection, or other portion, or the prescribed
application thereof, shall be severable, and the remaining provisions of this Agreement, and all applications
FRANCHISE AGREEMENT - SOLID WASTE SERVICE
Page 8 of 8
thereof not having been declared void, unconstitutional, or invalid shall remain in full force and effect. The
City and Franchisee declare that no invalid or illegal inducement has been given or offered for the execution
of this Agreement.
8.8 Modifications to contract due to public welfare or change in law:
The City shall have the unilateral right to make changes in this Franchise Agreement as the result of changes
in law and to impose new and reasonable rules and regulations on the Franchisee under this Agreement
relative to the scope and methods of providing Commercial and Recycling Collections Services as shall from
time to time be necessary and desirable for the public welfare. The City shall give the Franchisee reasonable
notice of any proposed change and an opportunity to be heard concerning those matters. The scope and
method of providing Commercial and Recycling Collection Services as referenced herein shall also be
liberally construed to include, but is not limited to the manner, procedures, operations and obligations,
financial or otherwise, of the Franchisee. The City and the Franchisee understand and agree that the 1988
Florida Legislature has made comprehensive changes in Solid Waste Management legislation and that these
and other changes in law in the future which mandate certain actions or programs for counties or
municipalities may require changes or modifications in some of the terms, conditions or obligations under
this Agreement. Nothing contained in this Agreement shall require any party to perform any act or function
contrary to law. The City and the Franchisee agree to enter into good faith negotiations regarding
modifications to this Agreement which may be required in order to implement changes in the interest of the
public welfare or due to change in law.
IN WITNESS WHEREOF, the parties hereto have caused this Franchise Agreement to be
duly executed, in triplicate, this 2nd day of January , 1997.
CITY OF SANFORD, FLORIDA
Mayor 9
Bettye D. Smith
Attest:
FRANCHISEE
Name (typed or printed)
Title
WIgL alIpF&PL-
PUBMC WORKS DEPARTMENT
MEMORANDUM · DECEMBER 16, 1992
TO :
FROM :
SUBJECT :
CITY MANAGER
PUBUC WORKS DIRECTOR ~
FRANCHISE AGREEMENT,:. ''~ I_L-0FF & COMPACTOR SCUD WASTE SERVICE
RO
Mr. Simmons,
Attached are three original copies of the Franchise Agreement to
enter into contract with Jennings Environmental Services, Inc. for the
provision of roll-off and compactor solid waste service in Sanford. The
agreement is to formalize Request for Proposal 92/93-05 which was
awarded to Jennings Environmental Services on November 23, 1992.
The originals have been endorsed by Jennings Environmental
Services and are ready for execution by the City. The franchise agreement
is scheduled to become effective on January 1,1993 and be effective for the
next three years. Please place this item on the December 28, 1992 City
Commission agenda for Commission action authorizing the Mayor to
execute the agreement.
RGH/ks
Attachments: 3 Original Franchise Agreements
xc: Purchasing Agent
Solid Waste Superintendent
City Attorney's Office
FRANCHISE AGREEMENT
ROLL-OFF AND COMPACTOR SERVICE
This agreement, made and entered into this day of ,1992, by and between the
CITY OF SANFORD with its principal place of business located at City Hall, P. O. Box 1788, Sanford, FL 32772,
hereinafter referred to as the "City", and JENNINGS ENVIRONMENTAL SERVICES, INCORPORATED, with its
principal place of business located at 101 Wymore Road, Suite 314, Aitamonte Springs, Florida -32704, hereinafter
referred to as the "Franchise Collector."
WITNESSETH:
WHEREAS, it is the intent of the City of Sanford to grant exclusive rights to the Franchise Collector for the
collection and removal of commercial waste generated by customers who require roll-off or compactor service
within the City; and
WHEREAS, the City is duly authorized to grant a franchise for the collection of solid waste and recyclable materials
within the City of Sanford, Florida; and
WHEREAS, said Franchise Collector agrees charge rates to customers within the City as specified and required
herein, and
WHEREAS~ said Franchise Collector agrees to pay the Franchise and Recycle Fees specified and required by
Ordinance 3070 and Resolution 1611, as amended from time to time, of the City of Sanford, and has presented
satisfactory evidence to the City that it is in an adequate physical and financial position to provide such service
under all rules and regulations of the City; and
WHEREAS, the City has found that the granting of a commercial solid waste and recyclable materials roll-off
container collection franchise to the Franchise Collector is in the best interest of the public.
NOW THEREFORE, in consideration o.f the promises and mutual covenants herein contained, the parties hereto
intending to be legally bound, hereby agree as follows:
ARTICLE 1 - DEFINITIONS
As used herein, the definitions contained in Section 2, definitions, of City of Sanford Ordinance 3066, and
Ordinance 3070 as amended, shall apply unless otherwise specifically stated.
Franchisee: Franchisee shall mean the Franchise Collector or his authorized representative.
Roll-off: Roll-off shall mean a large commercial solid waste container, normally 10 cubic yards or larger,
for the collection of solid waste.
Compactor: A Compactor shall mean a roll-off commercial solid waste container with a mechanical means of
compacting or reducing the volume of the materials placed inside for disposal.
ARTICLE 2 - SCOPE OF WORK
The Franchise Collector is granted a franchise to provide commercial collection service from and within the City
of Sanford to all customers requiring commercial roll-off or roll-off compactor containers under the terms and
conditions set forth herein. The Franchise Collector shall not enter into any service agreements within the City that
replace existing residential or commercial service other than as provided herein. The Franchise Collector
recognizes that there are existing contracts between Sanford customers and other private haulers, that he may
begin providing service after expiration of the existing contract term.
The frequency, type and nature of the collection service of commercial waste shall be as established individually
between the person controlling the real property and the Franchise Collector. The Franchise Collector shall comply
with all applicable local, state and federal laws, codes, ordinances, resolutions, rules and regulations.
The Franchise Collector shall provide all labor, materials, equipment, skills, tools, machinery, supervision, facilities
and other services to provide the collection services required herein. The Franchise Collector shall pay, at its
expense, all costs, expenses, license fees, and charges required to perform the collection services.
Franchise Agreement
The relationship between the parties shall be limited to performance of this Agreement solely in accordance with
its terms. No party shall have any responsibility whatsoever with respect to services provided or contractual
obligations assumed by the other party and nothing in this Agreement shall be deemed to constitute either party
a partner, agent, or legal representative of the other party or to create any fiduciary relationship. The Franchise
Collectors status shall be that of an independent contractor.
RATES, BILLING and FEES
A.
ARTICLE 3 - PAYMENT
The Franchise Collector shall be responsible for the billing, collection and incidental costs of fulfilling the
contract agreements with parties being serviced.
The Franchise Collector shall submit a franchise fee to the City of 15% of total invoiced billing for all
Commercial Refuse Service rendered within the City. The franchise fee shall be applied to all charges for
service rendered, i.e. Pull charge, Disposal charge, Short term or frequency based container rental charge and
other authorized charges. The franchise fee shall not apply to long term equipment leases for compactors or
other mechanized specialty equipment.
The Franchise Collector shall submit a recycling fee to the City of $ .50 per cubic yard of total billing for all
commercial refuse service rendered in the City.
The Franchise Collector shall charge rates for roll-off and roll-off compactor collection service as follows:,-
Pull CharGes: $67.50 per container service pull.
Disposal Cost: Actual cost, currently:
$31.00 per ton at Seminole County Transfer Station/Landfill.
$3.85 per yard at Oviedo Materials Landfill.
Lease/Rentals: Lease and/or rental charges shall apply only to customers requiring long term use of
compactor or specialty equipment, no lease or rental shall be charged for non-mechanized
roll-off containers. Lease/Rental for such equipment shall be calculated using the following
formula - (Total cost + 15%) / term (in months) = monthly lease amount. The total cost
includes equipment purchase price plus financing charges. The term shall be 60 months or
actual term of financing whichever is greater.
Example:
Equipment cost + $10,000.00
Financing cost + $2,500.00
Total Cost = $12,500.00
15% + $1,875.00
Subtotal = $14,375.00 / 60 month term
= $239,58 per month lease
The Franchise Collector shall pay to the City the applicable franchise and recycling fees as set by the City
Commission by the 20th of the month following provision of the service. The franchise and recycling fees shall
be calculated using the following formula: (((pull charges + disposal charges + other charges) + (Franchise
Fee @ 15% of subtotal)) + (Recycling Fee @ $0,50 per cubic yard of container size) + (long term lease &
rental)), Customer invoices should show the franchise fee as part of the pull and disposal charges, The
recycling fee should be shown as part of the pull charge.
Example: 20 cubic yard compactor leased at $239.58/month with 5 tons of material @ Seminole County.
Pull Disposal Lease Total
Rates: 67.50 155.00 239.58 $462.08
Fees: Franchise; + 10.13 +23.25 N/A $33.38
Recvcling;+ 10.00 N/A N/A $10.00
Invoice:$87.63 $178.25 $239.58 $505.46
The City reserves the right to change the amount of franchise and recycling fees. The City will notify the
Franchise Collector of any such fee change at least thirty days prior to the effective date.
page 2 of 9
Franchise Agreement
ARTICLE 4 - INDEMNIFICATION
The Franchise Collector shall at all times defend, indemnify, protect, hold harmless, and exempt the City, its
officers, agents, servants, employees and subcontractors, from any and all penalty, damage, or charges arising
out of claims, suits arising out of claims, suits, demands, causes of action, or award of damages whether
compensatory or punitive, or expenses arising therefrom, including the City's attorneys fees, either at law or in
equity, which might be claimed now or in the future, including any payments required by the Worker's
Compensation law, which may arise out of or be caused by the operation of performance, operation, maintenance,
repair, installation, replacement or removal of any site, building, equipment, or vehicle within the Franchise
Collector's solid waste collection system and which is caused by a negligent or intentional act or omission of the
Franchise Collector, its officers, agents, servants, employees, and subcontractors.
The Franchise Collector shall pay, and by its acceptance of this franchise, the Franchise Collector specifically
agrees that it will pay, all damages and penalties which the City legally may be required to pay as a result of the
granting or extension of this franchise. Such damages or penalties shall include, but shall not be limited to,
damages arising out of copyright infringements, anti-trust violations, and all other damages arising out of or relating
to its operation and maintenance of a commercial solid waste collection and disposal business, whether or not any
act or omission complained of is authorized, allowed or prohibited by this franchise.
FRANCHISE AGREEMENT
A.
ARTICLE 5 - TERM
The term of this agreement shall be for three years beginning on January 1, 1993 and terminating on
November 30, 1995. This term shall consist of three (3) consecutive annual periods: the first shall be from
January 1, 1993 through December 30, 1993 - the second shall be from January 1, 1994 through December
31, 1994 and the third shall be from January 1, 1995 through December 31, 1995.
The franchise agreement shall remain in force unless either party terminates the agreement by giving written
notice of termination at least ninety (90) days prior to the expiration of any annual period.
Rates as provided in Article 3, shall remain firm for the full term of this agreement. Rate adjustments may be
considered at the end of each annual period providing that the Franchise Collector submits a request at least
ninety (90) days prior to the end of any annual period. No rate adjustments will be considered or allowed
within each annual period.
The Franchise Collector must provide adequate justification of the need for any rate increase. Such
justffication must be submitted with adequate financial records or information to document the necessity for
an increase. Any request for a rate increase which exceeds the percentage increase of the local Consumer
Price Index for Urban Wage Earners and Clerical Workers, published by the U.S. Department of Labor - Bureau
of Labor Statistics, since the date of the execution of this agreement or since the date of the last adjustment,
must be justified by adequate financial data to document financial hardship for the Franchisee. All rate
adjustments are subject to approval by the City Commission operating in public session whose decision shall
be final.
ARTICLE 6 - STATEMENT OF ASSURANCE
The Franchise Collector, for the Term of this Agreement, assures the City that said Franchise Collector will not on
the grounds of race, color, national origin, religion, sex, age, handicap or marital status, discriminate in any form
or manner against said Franchise Collector's employees or applicants for employment (as provided in Title VI of
the 1964 Civil Rights Act, and the Florida Human Rights Act of 1977) and understands and agrees that this
Agreement is conditioned upon the veracity of this Statement of Assurance. Furthermore, the Franchise Collector
herein assures the City that said Franchise Collector will comply with Title VI of the Civil Rights Act of 1964 when
federal grant(s) is/are involved. Other applicable Federal and State laws, Executive Orders, and regulations
prohibiting discrimination as hereinabove referenced are included by this reference thereto. This Statement of
Assurance shall be interpreted to include Vietnam-Era Veterans and Disabled Veterans within it protective range
of applicability.
page 3 of 9
Franchise Agreement
ARTICLE 7 - RESPONSIBILITIES OF FRANCHISE COLLECTOR
7.1 EQUIPMENT and PERSONNEL
The Franchise Collector shall do all the work and furnish at its own expense all labor, materials, equipment, and
other facilities, as may be necessary and proper for performing and completing the work under this Agreement.
The work shall be performed in accordance with the true intent and meaning of this agreement. Unless otherwise
expressly provided, the work must be performed in accordance with the best modern practice, with workmanship
of the highest quality, all as determined by and entirely to the satisfaction of the City.
Unless otherwise expressly provided, the means and methods of collection shall be such as the Franchise Collector
may choose, subject, however, to the approval of the City. Only adequate and safe procedures, methods, and
equipment shall be used.
7.2 COMMERCIAL COLLECTION SERVICE
The Franchise Collector shall not provide service to any account until the customer has contacted the City's Solid
Waste Division and the Franchise Collector has received an authorization number issued for that account from the
City. The account authorization number must be included and referenced on all contracts, records and reports.
The City shall be provided with a copy of the subsequent contract or service agreement for each account within
one week of issuing the authorization number. The copy may be forwarded to the Solid Waste Division by mail
or by telefax to (407) 330-5666.
The Franchise Collector shall collect and remove all propedy contained Solid Waste placed out in accordance with
the City of Sanford Ordinance No. 3066 and 3070. The nature and frequency of Commercial Collection Service
shall be as agreed between the Customer and Franchise Collector. The Franchise Collector shall not provide free
collection, transportation, or disposal of solid waste services.
Commercial Collection Service shall not be conducted before 5:30 a.m or after 9:00 p.m. No collection shall be
made on Sunday except for restaurants and hospitals. The Franchise Collector shall maintain and keep up-to-date
all such records and files as necessary to document the collection service.
7.3 PROVISION of COMMERCIAL RC;LL-OFF/COMPACTOR CONTAINERS
The Franchise Collector shall provide roll-off and other large containers to all authorized customers requesting
them. The type, number, and location of such containers shall be as agreed between the Customer and Franchise
Collector. If a customer fails to comply with the contract agreement and service is discontinued by reason of
nonpayment, the City must be promptly notified in order to take appropriate action for sanitation purposes.
The Franchise Collector also shall be responsible for the care and maintenance of the roll-off containers supplied
and shall hold the City harmless for any and all liabilities arising out of the use thereof.
For privately owned roll-off containers, the Franchise Collector shall hold the City harmless for any damages to the
roll-off containers or liabilities associated therewith arising out of utilization of such roll-off containers.
7.4 REPORTING of RECYCLABLE and SOLID WASTE COLLECTION MATERIAL
The Franchise Collector shall keep records of all recyclable and solid waste materials picked up in the City. Such
records shall consist, at a minimum, of the net weight of each type of recyclable material collected, the volume
and weight of all other solid waste collected (yard waste, institutional, demolition, etc.) and all charges (pull charge,
rental fee, tipping fee, equipment lease charge, franchise & recycling fees and other charges) for each account.
A calendar months' report shall be provided to the City with a complete list of all accounts. The report shall
include the following information: each type of material, volume (cu. yards) and/or weight of each material, the date
of collection, a subtotal of all charges - (pull charges, disposal fees, equipment lease charges, franchise & recycling
fees and all other charges) for each account and a grand total of all subtotals for the reporting month. The report
must received at the Solid Waste Division by the 20th of the following month, failure to do so shall result in a
$50.00 per day fine for each day that the report is late.
7.5 SUITABLE CONTAINERS
Any privately owned container, which is in disrepair so as to cause a hazard to the public, customer or the
Franchise Collectors' employees, may be condemned and so marked by the Franchise Collector. The Franchise
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Franchise Agreement
Collector must notify the City of within two (2) days of marking such containers. Containers so marked may be
picked up and removed by the Franchise Collector after two weeks following the marking of the container if it has
not been replaced or repaired by the Owner.
7.6 PRESERVATION of PROPERTY
The Franchise Collector shall preserve from damage all property along the route of the collection services, or which
is in the vicinity of or is in any way affected by the performance of the collection services. Franchise Collector shall
locate containers in areas that allow access without driving over curbing, sidewalks and other public
appurtenances. This applies, but is not limited, to the public utilities, trees, lawn areas, building monuments or
markers, fences, pipe and underground structures, public streets, (except natural wear and tear of streets resulting
from legitimate use thereof). Wherever such property is damaged due to the activities of the Franchise Collector,
it shall be immediately restored to its original condition by the Franchise Collector at its own expense. If the
Franchise Collector fails to restore such property, the City may upon 48 hours written notice to the Franchise
Collector, proceed to repair, rebuild, or otherwise restore such property as may be deemed necessary, and to bill
the cost thereof to the Franchise Collector.
7.7 SPILLAGE and/or LI'I'rER
The Franchise Collector shall be responsible for removing any spillage or litter resulting from the performance of
the collection services by the Franchise Collector. Areas of spilled trash adjacent to commercial collection
containers not caused by the Franchise Collector shall be cleaned up by the Franchise Collector or the customer.
7.~' IDENTIFICATION
All solid waste collection vehicles and equipment operated by the Franchise Collector shall be cleady marked with
the name of the Franchise Collector and its telephone number. All employees of the Franchise Collector shall
display identification showing them as employees of the firm.
7.9 OFFICE
The Franchise Collector shall maintain an office with regular business hours, five days per week, Monday through
Friday, and shall have adequate personnel and facilities in said office to receive and duly respond to complaints
and questions made or raised by Customers of the Franchise Collector during regular business hours. The
Franchise Collector shall provide to the City a list phone numbers of persons who could be contacted for
emergencies or after business hours complaints.
7.10 BOOKS and RECORDS
The Franchisee shall keep records of wastes collected and charges therefor, and the City shall have the right to
review those records which in any way pertain to the payments due it as well as the billing of all customers by the
Franchisee. The Franchisee's auditors shall certify to the City the accuracy of these records. The City shall have
the right to conduct a financial audit performed by an accountant in accordance with generally accepted
accounting principles, when determined necessary by the City. All information so obtained shall be confidential
and shall not be released by the City unless expressly authorized in writing by the Franchisee or required under
applicable law. The Franchisee will be responsible for the monthly billing of the customer and the City shall be
provided with a monthly report as required in Article 7 - section 7.4 herein.
7.11 PERMITS and LICENSES
The Franchisee shall obtain at its own expense all permits and licenses required by law or ordinance and maintain
same in full force and effect.
7.12 COMPLAINTS
If the Franchise Collector receives any complaints from customers or other persons on the quality of service, use
of equipment, method of collection, or other matters, then the Franchise Collector shall respond to the matter
within twenty-four hours of receipt, 48 hours if such complaint occurs on a weekend, and resolve the matter within
seventy-two hours of receipt. Further, the Franchise Collector shall fully cooperate with the City in addressing such
complaints. The Franchise Collector shall maintain an up-to-date file listing all complaints received and the
Franchise Collector's response or action taken with respect thereto. The City shall receive a copy of the complaint
listing on a monthly basis.
page 5 of 9
Franchise Agreement
7.13 COMMUNITY SERVICE
The Franchise Collector shall provide emergency response services as directed by the City Manager, which
emergency response service would be performed immediately by the Franchise Collector in accommodation of
the emergency nature of the service requirement, and for which reasonable compensation to the Franchise
Collector shall be negotiated with the City Manager after emergency services have been rendered.
ARTICLE 8 - SPECIAL CONDITIONS
8.1 REPRESENTATIVES
The authorized representative of the City for purposes of this Agreement shall be the City Manager. The authorized
representative of the Franchise Collector for purposes of this agreement shall be the Division Manager. Either party
may change its representative upon five days written notice to the other party.
8.2 INSURANCE
The Franchise Collector.will have and maintain such insurance as will protect it from claims under workers
Compensation Laws; disability benefit laws, or other similar employee benefit laws; from claims for damages
because of bodily injury, occupational sickness or disease, or death of his employees including claims for damages
because of bodily injury, sickness or disease, or death of any person other than his employees, including claims
insured by usual personal injury liability coverage; and from claims for injury to or destruction of tangible property
including loss of use resulting therefrom -- any or all of which may arise out of or result from the Franchise
Collector's operations under the Agreement, whether such operations be by himself or by any subcontractor or
anyone directly or indirectly employed by any of them or for whose acts any of them may be legally liable. This
insurance shall be written for not less than any limits of liability specified or required by law, whichever is greater.
Within 30 days, the Franchise Collector will file with the City certificates of such insurance, acceptable to the City;
these certificates shall contain a provision that the coverage afforded under the policies will not be canceled or
materially change until at least thirty days prior written notice has been given to the City.
INSURANCE REQUIRED:
A. General: Before starting and until completion of the term of the Agreement, the Franchise Collector shall
procure and maintain insurance of the types and to the limits specified in Paragraphs B (1) through (3)
inclusive below.
B. Coverage: The amounts and types of insurance shall conform to the following minimum requirements:
1. Workers Compensation - Coverage to apply for all employees for Statutory Umits in compliance with the
applicable state and federal laws. In addition, the policy must include the following:
a. Employer's Liability with a limit of $100,000 each accident.
b. Notice of Cancellation and/or Restriction - The policy must be endorsed to provide the owner with
thirty (30) days written notice of cancellation and/or restriction.
2. Comprehensive General Liability - Coverage must be afforded on a form no more rastdctive than the latest
edition of the Comprehensive General Liability Policy filed by the Insurance Services Office and must
include:
a. Minimum limits of $1,000,000 per occurrence and $5,000,000 aggregate combined single limit for
Bodily Injury Liability and Property Damage Liability on,
b. Premises and/or Operations,
c. Independent Contractors,
d. Additional Insured - The owner is to be specifically named as an additional insured, and
e. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide the owner with thirty
(30) days written notice of cancellation and/or restriction.
3. Comprehensive Automobile Liability - Coverage must be afforded on a form no more restrictive than the
latest edition of the Comprehensive Automobile Liability Policy filed by the Insurance Services Office and
must include:
a. Minimum limit of $1,000,000 per occurrence combined single limit for Bodily Injury Liability and
page 6 of 9
Franchise Agreement
Property Damage Liability on
b. Owned Vehicles,
c. Hired and Non-Owned Vehicles,
d. Employee Non-Ownership, and
e. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide the owner with
thirty (30) days written notice of cancellation and/or restriction.
4. Certificates of Insurance and Copies of Policies
Certificates of Insurance in triplicate evidencing the insurance coverage specified in the previous paragraphs
8.2 (B) (1) through (3) inclusive, and certified copies of the bond required by paragraph 8.2 (B) (5) shall be
filed with the City before operations are begun. The required certificates of insurance not only shall name the
types of policies provided, but also shall refer specifically to this contract and section and the above
paragraphs in accordance with which insurance is being furnished, and shall state that such insurance is as
required by such paragraphs of this contract
!f the initial insurance expires prior to the expiration of this agreement, renewal certificates of insurance and
required copies of policies shall be furnished thirty (30) days prior to the date of their expiration.
The following cancellation clause must appear on the Certificate of Insurance. The present Cancellation Clause
appearing on the Certificate must be X'd out and initiailed by the Agent of the Insurer.
"Cancellation - Should any of the above described policies be canceled before the stated expiration date
thereof, insurer will not cancel same until at least 30' days prior written notice (by certified mail) has been
given to the City of Sanford, the below named certificate holder. This prior notice provision is a part of
the above described policies. Job Location: City of Sanford."
5. Performance and payment bonds.
The Franchise Collector shall furnish to the City a security bond insuring the faithful performance of this
agreement and executed by a surety company with a Best rating of A or greater with a financial size category
of five or better, licensed to do business within the State of Florida and on the list of federally approved bond
companies. Said bond shall be in an amount deemed by the City and the Franchise Collector to be
reasonable and necessary to enable the City to receive payment of the franchise and recycling fees provided
for by this agreement, and to obtain equipment and personnel to maintain commercial roll-off collection for
a three (3) month period in the event that the Franchisee becomes insolvent or fails to fulfill the terms and
conditions set forth herein. For the purposes of the security bond, the gross annual amount of revenues and
franchise/recycling fees to be generated by this agreement is estimated to be two hundred thousand dollars
($200,000). The bond amount necessary to assure performance of the Franchisees duties and payment of
franchise and recycling fees for three (3) months is fifty thousand ($50,000). The estimated gross annual
amount is subject to review and adjustment to more accurately reflect the actual value of the franchise after
each annual period. Prior to execution of this agreement, the City shall require the Franchise Collector to
fumish such bonds in such form as is acceptable to the City.
8.3 .Transfer of Ownership
This Agreement shall not be assigned or transferred, or if a corporation, controlling interest in the corporation shall
not be sold without the consent of the City of Sanford, which consent if given shall be evidenced by a resolution
of the City Commission.
8.4 Notice of Default and Default of Contract
Should the Franchise Collector abandon or delay unnecessarily the performance of, or in any manner refuse or
fail to comply with any of the terms of this Agreement or neglect or refuse to comply with the instructions of the
City relative thereto, the City shall notify the Franchise Collector, in writing, of such abandonment, delay, refusal,
failure, or neglect and direct the Franchise Collector to comply with all provisions of the Agreement. Copies of
such written notice shall be mailed to the surety that issued the performance and payment bonds and be presented
to the City Commission for action. The City reserves the right to provide uniterrupted service through the most
expeditious means available until the default issue is settled. The City Commission shall hear the matter at an open
session within fourteen (14) days after receipt of such written notice from the City and shall make a determination
within seven (7) days after hearing by the City Commission whether or not the action in question is a breach of
page 7 of 9
Franchise Agreement
the terms of this Contract. The Franchise Collector agrees to be present at such hearing and show cause why
it has abandoned, delayed, refused, failed or neglected to comply with the terms of the Agreement.
Should the Franchise Collector fail to appear or fail to show cause why it has abandoned, delayed, refused, failed
or neglected to comply with the terms of the Agreement satisfactory to the City Commission, such Commission
may declare a default of the Agreement and notify the Franchise Collector and the surety that issued the
performance and payment bond of such declaration of default, and the City Commission may take such other
action as it may deem advisable.
Upon receipt by the City of such declaration of default, the Franchise Collector agrees upon request of the City
that he will discontinue the work and that the City of Sanford will provide the collection services to all of the
franchise collectors customers.
8.5 Decisions of Questions
To prevent disputes, it is understood that questions arising as to the proper performance and the amount to be
paid for under this Agreement shall be decided by the City Manager of Sanford, subject to the right of Franchise
Collector to appeal to the City Commission, whose decision shall be final.
8.6 Force Majeure
Notwithstanding any provision other than as set forth in this Section, Force Majeure, the performance of this
Agreement may be suspended and the obligations thereunder excused in the event that such performance is
prevented by an event beyond the control of the Franchise Collector (Force Majeure) and the Franchise Collector
acts in the following manner:
1. As a condition precedent the Franchise Collector shall notify in writing within 48 hours, and affirmatively
prove within seven days to the City the occurrence of a force majeure event and the time delay thereby
to the performance of the provisions of this Agreement.
2. Should the City find that a Force Majeure event has occurred, it shall extend the time for Performance
accordingly. Provided that in the event the City, exercising its reasonable discretion, finds that the Force
Majeure event will prevent or alter performance or for such a period of time as to make performance
unreasonable, the City may declare the Agreement terminated.
3. A force majeure is defined for the purpose of this Agreement as:
Compliance with any order of any governmental authority or court, acts of war, rebellion, insurrection,
sabotage or damage resulting therefrom, fires, floods, explosions,washouts, or events similar to these
above. Provided that any Force Majeure event or its effects must be affirmatively shown to have been
beyond the reasonable control of the Franchise Collector.
The parties further recognize that the provision of Section 8.6 shall in no way limit the Franchise
Coilector's duty, as otherwise specified herein, to secure all necessary permits and comply with all
applicable laws, regulation, or permit conditions. Any administrative or legal proceedings required to
be carried out by the Franchise Collector shall be pursued until all available appeals have been
exhausted, unless written instruction to the contract is received from the City Commission.
8.7 Severability
If any part, section, subsection, or other portion of this Solid Waste Franchise Agreement is declared void,
unconstitutional, or invalid for any reason, such part, section, subsection, or other portion, or the prescribed
application thereof, shall be severable, and the remaining provisions of this Agreement, and all applications thereof
not having been declared void, unconstitutional, or invalid shall remain in full force and effect. The City and
Franchise Collector declare that no invalid or illegal inducement has been given or offered for the execution of this
Agreement.
8.8 Modifications to contract due to public welfare or change in law:
The City shall have the unilateral right to make changes in this Franchise Agreement as the result of changes in
law and to impose new and reasonable rules and regulations on the Franchise Collector under this Agreement
relative to the scope and methods of providing Commercial and Recycling Collections Services as shall from time
to time be necessary and desirable for the public welfare, The City shall give the Franchise Collector reasonable
notice of any proposed change and an opportunity to be heard concerning those matters. The scope and method
page 8 of 9
Franchise Agreement
of providing Commercial and Recycling Collection Sen/ices as referenced herein shall also be liberally construed
to include, but is not limited to the manner, procedures, operations and obligations, financial or otheRvise, of the
Franchise Collector. The City and the Franchise Collector understand and agree that the 1988 Rorida Legislature
has made comprehensive changes in Solid Waste Management legislation and that these and other changes in
law in the future, which mandate certain actions or programs for counties or municipalities may require changes
or modifications in some of the terms, conditions or obligations under this Agreement. Nothing contained in this
Agreement shall require any party to perform any act or function contrary to law. The City and the Franchise
Collector agree to enter into good faith negotiations regarding modifications to this Agreement which may be
required in order to implement changes in the interest of the public welfare Or due to change in law.
IN WITNESS WHEREOF, the parties hereto have caused this Franchise Agreement to be duly executed, in
triplicate, this __ day of ,1992.
CITY OF SANFORD, FLORIDA
AI'rEST:
Mayor
City Clerk
)
N~ry at Large
Date & Seal
JENNINGS ENVIRONMENTAL SERVICES, INC.
JO01M. ASHWORTH
,,,~,~-%~"r~ -, MY COMA~SS~ON # CC 180297 EXR~S
(Prln ~amp Commissioned Name of Notary Publiq.
Personally Known E~R Produced Identification []
e o| L O. Produced
~he did,,_,J did not Z/~ean oath
page 9 of 9
TO ' CITY MANAGER "
FROM PUBLIC WORKS DIRECTOR ~~'
VIA PURCHASING AGENT...y~"'
SUBJECT:
MEMORANDUM o JULY 17, 1992
COMMERCIAL ROLL-OFF SERVICE PROPOSAL RECOMMENDATION
Mr. Simmons,
On July 7, 1992 proposals to provide an exclusive franchise for commercial roll-off
dumpster service were opened. There were ten requests for proposal sent and four
responses were received. This proposal is to establish rates and terms for a private
company to provide service to any customer that requires roll-off service within the City.
It does not incur any expense for the City, and generates franchise fee revenue. The City
does not have equipment needed to handle the large roll-off units.
The terms of the proposals vary among vendors, some have additional charges
for; non-regular service, container rental, less than minimum pick-ups per month,
container delivery, disposal hauling charge, etc. There are approximately thirty-four
existing customers with regularly scheduled service and roughly thirty more that require
non-regular service - construction sites, contractors, one time clean ups, etc. Most roll-off
service is provided with twenty cubic yard containers, while approximately 20% will use
larger thirty and forty yard containers.
To analyze the proposals a twenty yard container with 3 tons of material was
assumed. Cost projections were made for regular and non-regular customers (using the
vendors minimum rental cost). The prices for both types of service were totaled and
divided by two to provide an average customers price. The attached bid form shows
these costs as well as Franchise/Recycling fee payments and the requested length of
contract.
It is recommended the contract for exclusive franchise be awarded to Florida
Garbage Service Inc.-(FGS), 364 Landstreet Road, Orlando, Florida - 32824. FGS's
proposal meets specification, has the lowest average price of $157.78, complies with the
Solid Waste Ordinance and provides a uniform rate structure with no additional or variable
fees to monitor. It is recommended that the contract term be three years with the option
to renew after the first and second year. This will allow the City to evaluate the vendor
and re-bid after one year if performance is not satisfactory.
if you concur with this recommendation, please place this item on the July 27, 1992
City Commission agenda for approval.
RGH/ks
xc: Purchasing Agent
Finance Director
Solid Waste Superintendent
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A"~NDA ITEM'
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PUBLIC WORKS DEPARTMENT
TO
FROM
SUBJECT
MEMORANDUM · DECEMBER 14, 1992
CITY MANAGER//~
PUB IC ORKS/I~RECTOR ~
FLO:I DAVVGARBAGE SERVICE COMPLAINT
REQUEST FOR PROPOSAL # 92/93-05, ROLL-OFF & COMPACTOR SERVICE
Mr. Simmons,
This memorandum is to inform you of the circumstances involved in Request for
Proposal # 92/93-05 and in response to allegations regarding the bid in the attached
letter from William S. Redman, Jr., CEO/President of Florida Garbage Service, Inc.
As Mr. Redman's letter states, Florida Garbage Service's bankruptcy status
became an issue when, during the initial bid review, it was discovered that the company
had filed bankruptcy and was operating under Chapter 11 protection. The primary
concerns were the company's ability to perform the contract and that the status was not
revealed in the proposal. The issue was investigated by this Department and the City
Attorney's office. it was determined that the bankruptcy would not affect Florida Garbage
Service's ability to perform and the performance bond would assure continuous service
in event of default. A recommendation to award the franchise was forwarded to the City
Commission who took action awarding the franchise to Florida Garbage-Service.
During subsequent franchise agreement negotiations, Mr. Redman stated Florida
Garbage Service intended to lease compactors and specialty equipment. When it was
pointed out that there were no lease terms stated in his proposal, Mr. Redman offered to
provide them. When he was informed the City could not accept additional prices after the
proposals were opened, Mr. Redman requested we request lease prices from all of the
proposers. Mr. Redman was informed that all fees were to be disclosed in the proposal
and the City could not accept amendments to proposals from Florida Garbage Service
or the other respondents subsequent to proposal opening.
Equipment leasing will not be a part of the exclusive rights under the franchise
agreement, customers have the option of acquiring them from other sources. !t is critical
that the franchisees proposed lease terms are revealed in the bid process because of a
competitive advantage the franchisee will enjoy by being the only provider of roll-off and
compactor collection service
The next lower proposer, Waste Management, was contacted regarding equipment
lease terms, they responded that equipment leases would be required in a franchise
agreement with them. Waste Management had not included the lease terms in their
proposal nor had other proposers. Only after significant staff review was it was decided
to re-advertise the proposals and pay particular attention to lease terms. Because of the
prior disclosure of pricing, re-bidding is never a desirable solution to bid problems and
is only recommended when there is no other recourse. The issue of Florida Garbage
Service's bankruptcy did not enter into the decision to re-bid this item. Mr. Redman's
assertion that the lease issue was an "out" used in a "blatant attempt to discriminate"
against Florida Garbage Service is considered slanderous and is highly offensive to myself
and other staff members.
Attached for review are the various correspondences related to this issue.
Attachments: (6)
RGH/ks
xc: Purchasing Agent
Solid Waste Superintendent
City Attorney's Office
ITEM ./ _
FLORIDA GARBAGE SERVICE, INC,
p.O. BOX 592069 (407) 856-2414
ORLANDO, FL 32859-20~9 (407) 856-7456 FAX
(407) 636-9917 BREVARD
December 4, 1992
Walter L. Shearin, Purchgsing Agent
city of Sanford
P.O. Box.1788
Sanford, Florida 32859-2069
RE: PROPOSAL 92/93-0'5'FOR-ROLL-OFF AND COMPACTOR
SERVICES
Dear Mr. Shearin, . :. !~ . · i': -. '.'.i .'.
As per our telephone:conversation today, I have;received your
notification of the award'to Jennings EnvironmentAl Service,:~'In~'~'~::.'7.~
of the above referenced ~ontract. .... '. !;':. ':'~:.":.-'~,.::';
I have serious concerns ~egarding the way this
as I am sure do the other. original-bidderson"'thei:prop0sal':~i':'.~':i'.'~:~'..,:..'
Back when FGS and ~he oth~ original bidders
proposals, FGS was awarded the contract based on lowest':bid.~ri~""~:'~
per pull (see attached Bid Tabulation). During preliminary"star'~
up negotiations the subject of FGS having filed
up and it was obvious that this was a serious
However, as we pointed out at the'time, we are protected
discriminatory action regarding our status under
codes. When the rental'on special compaction unit~; was discuSsed,!'~..'
it was apparent to us that you saw this as an
dealings with FGS. Since your Department originally neglected tO'!i...
address this in the proposal, I sent a letter suggesting that th~
original bidders be allowed to submit an amendment' to'their':~!.~:-';:!i:-.
proposals to include calculations for the compactor unit co~t's':~i~'.~!
the form of a sealed bid for reconsideration. I even enclosed'a'!'~i~:
sealed amendment from FGS in which I reduced the original
prices slightly to further insure that we retained the original~..'~,.
award i . , '- ~'i !:.
· ' ..... ~'. !, .. i .;..,..: -:~ ~i:;.
Instead of taking this logical approach, you chose' put the entire".~
proposal out to rebid. This allowed everyone to bid with:the'~
knowledge of what all prior bids had been. It also allowed.'.:'i
haulers who missed the original deadlines to enter into:'the bid'
process. This appears to be a blatant attempt to discriminate "!:.i.
against us. · ; '~' "' ;!: "~'~'
,, . ::
page 2 of 2 ·
I have never been involved in a municipal.. bid process that Was
handled in such an unprofessional manner. In fact,..it was not
really a bid process ateall.· It was more .like'~"~ere's
everyone else can do the job forT.,Can you beat' this="price?'?..
Then, to further convince me that this was discriminatory agai~s~TM
FGS, I find out that the most'recent .award granted to'Jenning..s!.~i!
Environmental, Inc. was 'still based only on .cOst"'per pu!l','i-'..'Do~
even taking into consideration compactor. costs |. Since this ' was t
the whole premise for the "rebid" and was then' not even .. !-= .~i-r 1:2
considered is just further evidence of discriminati0n'.]'~' "'] ..... -..,
Based on these facts, 'I am formally' requesting=~'~"!inV'estiga'~io~.{.}{~5''
of this entire bid process as"~it{ related'i'to
to addre s s the City '.Council ='as"' sOon~' a.s "'~bos ~i51e'~ .' =~his!~ will ~] be't2!=~!i!~
C. E · O./President: . ...........
"::3::'. , .................
John St~p,'Esquire l.-..~-;~::.. :. ~.~: ..... ,, =,:-~.,.; E---.: .:. . . ::~. ,:.,.: ,c.~:-.......; ..... .'..-::.. -v,~-~pc/:-
Western Waste .- -: - ..- - --..,' ......· ....... · .- ......... -- .t:~:;: ~.:: :5.. ~..-.
. .:.
Waste Management "~" ...... ' :"?'~; :"
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PUBLIC ~/VLtH~,~ U~-vA~ I IvlENT
CITY MANAGER
FROM
VIA
SUBJECT: COMMERCIAL ROLL-OFF SERVICE CONTRACT BID REJECTION
MEMORANDUM · SEPTEMBER '14, 1992
Mr. Simmons,
At the July 27, '1992 City Commission meeting a contract for
..... 'exclusive franchise to provide roll-off container service was awarded to
Florida Garbage Service inc.-(FGS), 364 Landstreet Road, Orlando, Florida.
During subsequent franchise agreement negotiations, FGS indicated it
would be necessary to have additional lease agreements for specialty
compactors.
Since lease agreements were not specified in FGS's or in other
vendor's proposals, it is recommended that all bids be rejected and another
/
bid package be issued. The Assistant City Attorney's opinion is attached
and concurs with rejection of all bids.
If you concur with this recommendation, please refer it to the City
Commission for action as soon as possible. A replacement proposal will be
issued promptly upon approval.
RGH/ks
attachments: 1
XC:
Purchasing Agent
Finance Director
Solid Waste Superintendent
STENSTROM. McINTOSH. JULIAN. COLBERT. WI-IIGIzL~vI & SIM'IVIONS. P.A.
KENNETH W. MCINTOSH
NED N. dUUAN. dR.
WILLIAM L. COLBERT
FRANK C. WHIGHAM
CLAYTON D, SIMMONS
ROBERT K. 1,4CINTOSH
DONNA LS. HCINTOSH
WILLIAM E. REISCNMANN.
CATHERINE D. REISCNHANN
ATTORNEYS AND COUNSELLORS AT LAW
SUN BANK * SUITE
200 WEST FIRST STREET
POST OFFICE BOX
SANFORD. FLORIDA 32772-,4848
SANFORD (407)
ORLANDO (~t07) 834-5ll9
FAX (407) 330-2379
DOUGLAS STENSTROM
OF COUNSEL
THOHAS E. WHIGHAM
September 8, 1992
Mr. Jerry Herman
Public Works Director
City of Sanford
· P. O. Box 1788
Sanford, FL 32772-1788
Re~ Roll-Off Franchise
Dear Mr. Herman:
As requested, I have reviewed the letter from Florida Garbage Service,
Inc., regarding the franchising of roll-off or compactor services within
the City of Sanford. After our conversation yesterday, it is apparent that
the bidders misinterpreted or misunderstood exactly what information the
City requested regarding specialty compactor rentals and installation
costs. You indicated that the confusion created by the bid documents needs
to be corrected and that you plan to reject all bids and rebid the project.
We agree with your assessment of this situation and your decision to rebid
the project. A city's decision to reject all bids and rebid a project
should not be arbitrary, unreasonable or capricious, but should be based
upon facts reasonable tending to support the conclusions of the city. City
of Pensacola v. Kirby, 47 So.2d. 533 (Fla. 1950). We believe that the
evident confusion created by the bid document supports the City's decision
to rebid this project. P~ease keep us advised of the status of this
matter.
Should you have further questions, please do not hesitate to contact me.
Sincerely,
STENSTROM, McINTOSH, JULIAN,
COLBERT, IG & SIMMONS,
P.A.
DLMc/pwa
Sanford,
Public Works Dep~rtment
P. 0. Box 1788--32772-1788
(407) 330-5680, FAX (407) 33~5666
William S. Redman Jr., C.E.O.
Florida Garbage Service, Inc.
P.O. Box 592069
Orlando, Florida 32859
Subject: Roll-off Franchise Response to Rental Fees
September 2, 1992
Telefaxed to: (407) 856-7456
Dear Mr. Redman,
This letter is in response to your letter dated August 31, 1992 regarding the issue
of Florida Garbage Service, tnc. (FGS) charging container rental fees that were not
specified in the franchise proposal. In summary, your letter asks that the City of Sanford
request a fee schedule, for specialty compactors rental and installation, from all bidders.
It also states that nothing in the request/bid indicated specialty compactor rentals or
installation costs and that all bidders failed to address the issue of compactors.
The request for proposal (RFP) addresses compactors in several locations, a
highlighted copy is attached for your convenience. The RFP asks for information on
compactors in the following areas: The first sentence of the second paragraph - ffor all
roll-off containers and compactors within the City limits of Sanford", Item number (1) -
"Roll-off service to include open top containers over eight (8) cubic yards, and
compactors of any size" and Item number (2) - "Proposal to include type of service
offered (any unusual specialty service, etc.)"', Item number (6) - (a). states "Price structure
must be depicted in proposal, cost per yard - pull - size - etc." Thes~ items dearly
indicate that the bidder should provide information and pricing on all proposed service.
You were requested to confirm the information shown in FGS's proposal' which
indicated no rental costs for customers. Your letter indicates that FGS would charge
rental fees on compactors and specialty equipment. The letter states that a sealed
proposal with the schedule for rates is included. The City of Sanford cannot accept any
additional pricing after the posted bid opening date of July 7, 1992. Consequently the
sealed envelope is beihg returned unopened and the request to ask other bidders for an
additional fee schedule is denied. Since none of the respondents to the RFP included
complete price structures in their proposals, I am recommending all proposals be rejected
and another RFP issued.
Thank you in advance for your cooperation in this matter, if you have any
questions, please contact me at (407) 330-5680 or Solid Waste Superintendent - Frank
Killgore at (407) 330-5679, Telefax (407) 330-5666.
Sincerely,
Public Works Director
enclosures: 2
xc: City Staff
"'tTJ~e ~:riendEy
FLORIDA GA.RL~AGE SERVICE, INC.
I' O. [~(.3X 5~320~ ~.;d,,'l ~-..'~ .'4 :.~
OF]LANDO. FL :32c~5:;-2~)~,~ ..:() '1L~ilS,".;:',,; ! AX
,'4(2,'~ 6Z~,'5-.~F:ll ! !:{i.:L
August 31, 1992
......................
Mr. Robert G. Herman
,Public Works Director
City of Sanford, Florida
P.O. Box 1788
Sanford, Florida 32772-1788
RE: ROLL OFF FRANCHISE
Dear Mr. Herman,
When Florida Garbage Service, Inc. submitted the bid for the
abov~e franchise with the City of Sanford, we did so based on the
asSUmption that we would not be charging any rental on the OPEN
,TOP CONTAINERS or customer owned speciality compactors. There was.
nothing indicated..in the bid package relative. to. specia~:~i~ ...............
.C.ompact0r rentals or installation costs.
After reviewing the verbage of the other bids submitted, it is
clear to FGS that Western Waste, BFI,and Waste Management were
also under the same assumption. Waste Management states in their
bid that they have the ability to sell, lease, and service
customer owned or Waste Management owned compactors. Also, a
Senior Vice President for BFI, stated that they have every
intention of charging~compactor leases. In addition, the bid
tabulation FGS was given, clearly is for open top containers, NOT
compactors. /
FGS will stand on it's bid of no rental fees on open top,
roll-off containers, and custome~ owned units. FGS also stands on
it's bid for the pull charges of $74.50 plus city fees and
disposal costs. Therfore FGS feels that after careful review, our
bid still remains in the best interest of businesses and citizens
of Sanford.
Due:to the vague nature of the bid instructions~and. the~_apparen~
m~'~"~'~tation by ALL Bidders .involved, I am formally
requesting that you reverify this with 'the' other Bidders and
~e.que~t a fee schedule from them for the specialty_compaCtor
rentals ~d+installation costs that would be charged to EXISTING
customers and clients on LIKE equipment. Based on our
discussions, I feel this is the only fair and equitable solution
for all Bidders as well as the customers of the City of Sanford
that are involved.
~ have taken the liberty of enclosing our sealed proposal and
schedule to be opened along with the other three when you receive
them. I am ~ure you will agree that time is of the essenqe in
serving the best interests of all concerned.
SincerelY, // ~"
William S. Redman, Jr,
C.E.O.
·
·
cc: David McFarlin, Attorney at Law
William L. Colbert, Attorney at Law, City of Sanford
Pubtic Works Dep~'rtment
P.O. 8ox ~ 78~--32772-
(407) 33~5680. FAX (407) 33~5656
William S. Redman Jr., C.E.O.
Florida Garbage Service, Inc.
P.O. Box 592069
Orlando, Florida 32859
Subject: Roll-off Franchise
August 24, 1992
Telefaxed to: (407) 856-7456
'.Dear Mr. Redman,
In the August 19, 1992.meeting between Florida Garbage Service, Inc. (FGS) and
the City of Sanford, you stated FGS would be charging container rental fees. it was
indicated that rental fees would be required for roll-off customers requiring less than two
ser~nces per month and equipment lease agreements would be necessary for compactor
""'customers.
Rental fees were specifica!l~/addressed in my conversations with FGS's Sales
Manager, Bill Conn during proposal review. Mr. Conn indicated there were no fees other
than the indicated pull charge, !andfill expenses and City franchise/recycling fees. Rental
or lease fees were not shown on FGS's proposal. The absence of such fees was the
significant factor in the determination to award the bid and franchise to FGS.
The City of Sanford understands the fees in FGS's proposal to be: $74.50 pull
charge, landfill fee (currently $18.00 per ton), franchise fee at 15% of the pull charge plus
the landfill fee, and recycling fee at $0.50 per cubic yard collected. Fees differing from
those provided in the proposal would constitute a substantial post-bid change in the bid
proposal. Such change will not be allowed and your bid would be considered non-
responsive.
This letter requests confirmation that the fees specified in your proposal are the
entire and only fees that will be charged to City of Sanford customers. This confirmation
must be written and received within five (5) days of the date of this letter. Failure to
respond within five (5). days shall be considered an indication that FGS intends to charge
additional rental fees. The City would then take action to assure the best terms for City
of Sanford customers by executing a franchise with a firm other than FGS.
Thank you in advance for your cooperation in this matter, if you have any
questions, please contact me at (407) 330-5680 or Solid Waste Superintendent - Frank
Killgore at (407) 330-5679, Telefax (407) 330-5666.
Sincerely,
R~~G.~~
Public Works Director
RGH/ks
xc: City Manager
Purchasing Agent
Solid Waste Superintendent
"The Friendly City"
FRkNC~tSE AGREEMEN,
This agreement, made and entered ititb thi~.z~ ~ day of..0d~Y-bL, ,.:1992,
by and between the CITY OF SANFORD, with its principal place of business locai~fl at
City Hall, P. O. Box 1788, Sanford, FL 32772, hereinafter referred to as the "City", and
WASTE MANAGEMENT OF ORLANDO, INC., with its principal place of business
located at P.O. Box 568887, Orlando, Florida 32807-8887, hereinafter referred to as the
"Franchise Collector."
WITNESSETH:
WHEREAS, it is the intent of the City of Sanford to require all solid waste collectors
with service agreements for the collection of commercial waste within the City
entered into on or before June 24, 1991, to enter into a franchise agreement with the
City to allow the solid waste collector to continue to provide commercial collection
services within the City until the expiration of the present term of each service
agreement; and
WHEREAS, the City is duly authorized to grant a franchise for the collection of
solid waste and recyclable materials within the City of Sanford, Horida; and
WHEREAS, said Franchise Collector agrees to pay the Franchise and Recycle Fees
specified and required by Ordinance 3070 and Resolution 1611 as amended from
time to time of the City of Sanford, and has presented satisfactory evidence to the
City that it is in an adequate physical and financial position to provide such service
under all rules and regulations of the City; and
WHEREAS, The City's Solid Waste Division of the Public Works Department shall
provide the commercial collection service to each commercial establishment located
within the City no later than the expiration date of the present term of each service
agreement of the Franchise Collector as established on Exhibit 1 of this Agreement;
and
WHEREAS, the City has found that the granting of a commercial solid waste and
recyclable materials collection franchise to the Franchise Collector is in the best
interest of the public.
NOW THEREFORE, in consideration of the promises and mutual covenants herein
contained, the parties hereto intending to be legally bound, hereby agree as follows:
ARTICLE 1 - DEFINITIONS
As used herein, the definitions contained in Section 2, definitions, of City of Sanford
Ordinances 3066,and 3070 as amended, shall apply unless otherwise specifically stated.
ARTICLE 2 - SCOPE OF WORK
The Franchise Collector is granted a franchise to provide collection services of commercial
waste from and within the City of Sanford, Florida, to the Customers at the ,locations listed
on Exhibit 1, which is attached hereto and made a part hereof, under the terms and
ffEM ,/~:~
i _32qCHISE AGREEMENT - page
conditions set forth herein. The Franchise Collector shall not enter into any new service
agreements for the collection of commercial waste with'- .h,~ City of Sanford, Florida and
shall not provide commercial collection service to any C ~ ....."'~'-, ,,f
Sanford other than those listed in Exhibit 1.
The frequency, type and nature of the collector servi
established individually between the person controllinl
collector. The Franchise Collector shall comply with
laws, codes, ordinances, resolutions, rules and regular
The Franchise Collector shall provide all labor,
license fees, and charges required to perform the collection services including the dispoiil '
charges at the Solid Waste Facility.
The relationship between the parties shall be limited to performance of this Agreement
solely in accordance with its terms. No party shall have any responsibility whatsoever with
respect to services provided or contractual obligations assumed by the other party and
nothing in this Agreement shall be deemed to constitute either party a partner, agent, or
legal representative of the other party or to create any fiduciary relationship. The Franchise
Collector's status shall be that of an independent contractor.
ARTICLE 3 - PAYMENT
3.1 Rates. Billing and Fees
A. The Franchise Collector shall be responsible for the billing, collection, rate setting and
incidental cost of fulfilling the contract agreements with parties being serviced.
B. The Franchise Collector shall submit a franchise fee to the City of 15% of total invoiced
billing for all Commercial Refuse Senrice rendered in the City.
C. The Franchise Collector shall submit a recycling fee to the City of $ .50 per cubic yard
of total billing for all commercial refuse service rendered in the City.
D. The Franchise Collector shall pay to the City the applicable franchise, recycling and
administrative fees as set by the City Commission by the 20th of the month following
provision of the service.
ARTICLE 4 - INDEMNIFICATION
The Franchise Collector shall at all times defend, indemnify, protect, hold harmless, and
exempt the City, its officers, agents, servants, employees and subcontractors, from any and
all penalty, damage, or charges arising out of claims, suits arising out of claims, suits
demands, causes of action, or award of damages whether compensatory or punitive, or
expenses arising therefrom, including the City's attorneys fees, either at law or in equity,
which might be claimed now or in the future, including any payments required by the
Worker's Compensation law, which may arise out of or be caused by the operation of
performance, operation, maintenance, repair, installation, replacement or removal of any
./,-.,, ~ ~
i _,ANCHISE AGREEMENT - p,~ge 2,
site, building, equipment, or vehicle within the Franchise Collector's solid waste collection
system and which is caused by a negligent or intentional act or omission of the Franchise
Collector, its officers, agents, servants, employees, and subcontractors.
The Franchise Collector shall pay, and by its acceptance of this franchise, the Franchise
Collector specifically agrees that it will pay, all damages and penalties which the City legally
may be required to pay as a result of the granting or extension of this franchise. These
damages or penalties shall include, but shall not be limited to, damages arising out of
copyright infringements, anti-trust violations, and all other damages arising out of or relating
to its operation and maintenance of a commercial solid waste collection and disposal
business, whether or not any act or omission complained of is authorized, allowed or
prohibited by this franchise.
ARTICLE 5 - TERM
5.1 FRANCHISE AGREEMENT
The term of this agreement shall be for one (1) year from October 1, 1992, until September
30, 1993.
5.2 SERVICE AGREEMENT
The expiration date of the present term of each Service Agreement is listed in Exhibit 1 of
this Agreement. The Franchise Collector agrees to take all legal steps necessary to
terminate each Service Agreement of each account listed in Exhibit 1 of this Agreement
upon the expiration date of each Service Agreement as listed in Exhibit 1, and not to renew
same.
The City's Solid Waste Division of the Public Works Department shah provide the collection
service of commercial wastes to each commercial establishment listed in Exhibit 1, no later
than the expiration of the present term of each Service Agreement on the listed in Exhibit
1 of this Agreement.
ARTICLE 6 - STATEMENT OF ASSURANCE
The Franchise Collector, for the Term of this Agreement, assures the City that said
Franchise Collector will not on the grounds of race, color, national origin, religion, sex, age,
handicap or marital status, discriminate in any form or manner against said Franchise
CoHector's employees or applicants for employment (as provided in Title VI of the 1964
Civil Rights Act, and the Florida Human Rights Act of 1977) and understand and agrees
that this Agreement is conditioned upon the veracity of this Statement of Assurance.
Furthermore, the Franchise Collector herein assures the City that said Franchise Collector
will comply with Title VI of the Civil Rights Act of 1964 when federal grant(s) is/are
involved. Other applicable Federal and State laws, Executive Orders, and regulations
prohibiting discrimination as hereinabove referenced are included by this reference thereto.
This Statement of Assurance shall be interpreted to include Vietnam-Era Veterans and
Disabled Veterans within it protective range of applicability.
/,-,, /..,.,, ~
i _.-ANCHISE AGREEMENT - p...ge ,,
ARTICLE 7 - RESPONSIBILITIES OF FRANCHISE COLLECTOR
7.1 Equipment and Personnel
The Franchise Collector shall do all the work and furnish at its own expense all labor,
materials, equipment, and other facilities, as may be necessary and proper for performing
and completing the work under this Agreement.
The work shall be performed in accordance with the true intent and meaning of this
agreement. Unless otherwise expressly provided, the work must be performed in accordance
with the best modern practice, with workmanship of the highest quality, all as determined
by and entirely to the satisfaction of the City.
Unless otherwise expressly provided, the means and methods of collection shall be such as
the Franchise Collector may choose, subject, however, to the approval of the City. Only
adequate and safe procedures, methods, and equipment shall be used.
7.2 Commercial Collection Senrice
The Franchise Collector shall collect and remove all properly contained Solid Waste placed
out in accordance with the City of Sanford Ordinance No. 3066 and 3070 from the accounts
as listed in Exhibit 1. The nature and frequency of Commercial Collection Service shall be
as agreed between the Customer and Franchise Collector.
Commercial Collection Service shall not be conducted before 5:30 a.m or after 9:00 p.m.
No collection shall be made on Sunday except for restaurants and hospitals. The Franchise
Collector shall maintain and keep up-to-date all such records and files as necessary to
document the collection service.
7.3 Reporting of Recyclable and Solid Waste Collection Material.
The Franchise Collector shall keep records of recyclable materials picked up in the City so
as to allow the City to meet the State of Florida DER reporting requirements. Such records
shall consist, at a minimum, of the type of recyclable material collected and net weight of
each material. Total volume and weight of all other solid waste collected by type of waste
(i.e.; yard waste, institutional, demolition, etc). A report shall be forwarded monthly that
shall be a compilation of the total weight of each material for the month and the date of
collection, it is preferred this report be from the 20th of the month through the 19th of the
next month.
7.4 Provision of Commercial Refuse Bins
The Franchise Collector shall provide refuse bins to all commercial collection service
customers requesting refuse bins. The type, number, and location of such refuse bins shall
be as agreed between the Customer and Franchise Collector.
The Franchise Collector may enter into Use Agreements with the customer for the provision
of refuse bins which shall terminate on or before the expiration date listed for the customer
in Exhibit 1.
The Franchise Collector also shall be responsible for the care and maintenance of the refuse
bins supplied and shall hold the City harmless for any and all liabilities arising out of the
use thereof.
i_ ANCHISE AGREEMENT - l~,~ge ~
For privately owned refuse bins, the Franchise Collector shall hold the City harmless for any
damages to the refuse bins or liabilities associated therewith arising out of utilization of such
refuse bins.
7.5 Free Services
The Franchise Collector shall not provide any free services to anyone for collection services,
transportation, or disposal of solid waste.
7.6 Suitable Containers and Refuse Bins
Any privately owned container or refuse bin which is in disrepair due to the lack of a well-
fitting cover or the presence of holes, cracks, or tears in the bottom or sides may be
condemned and so marked by the Franchise Collector. Any container or refuse bin so
marked may be picked up and removed by the Franchise Collector after two weeks
following the marking of the container or refuse bin if it has not been replaced or repaired
by the Owner.
The Franchise Collector shall notify the City of containers and refuse bins so marked and
their removal.
7.7 Preservation of property
The Franchise Collector shall preserve from damage all property along the route of the
collection services, or which is in the vicinity of or is in any way affected by the performance
of the collection services. Franchise Collector shall locate containers in areas that allow
access without driving over curbs, sidewalks and other street right of way structures. This
applies, but is not limited, to the public utilities, trees, lawn areas, building monuments or
markers, fences, pipe and underground structures, public streets, (except natural wear and
tear of streets resulting from legitimate use thereof by the Franchise collector), and
wherever such property is damaged due to the activities of the Franchise Collector, it shall
be immediately restored to its original condition by the Franchise Collector at its own
expense.
In case of failure on the part of the Franchise Collector to restore such property, or make
good such damage or injury, the City may upon 48 hours written notice to the Franchise
Collector, proceed to repair, rebuild, or otherwise restore such property as may be deemed
necessary, and to bill the cost thereof to the Franchise Collector.
7.8 Spillage and/or Litter
The Franchise Collector shall be responsible for picking up and/or removing any spillage
or litter resulting from the performance of the collection services by the Franchise Collector.
Areas of spilled trash adjacent to commercial collection containers not caused by the
Franchise Collector shall be cleaned up by the Franchise Collector.
7.9 Identification
All solid waste collection vehicles and equipment operated by the Franchise Collector shall
be clearly marked with the name of the Franchise Collector and its telephone number.
All employees of the Franchise Collector shall display identification showing them as
employees of the firm.
i. ,ANCHISE AGREEMENT - p,,ge c
7.10 Office
The Franchise Collector shall maintain an office with regular business hours, five days per
week, Monday through Friday, and shall have adequate personnel and facilities in said office
to receive and duly respond to complaints and questions made or raised by Customers of
the Franchise Collector during regular business hours.
7.11 Books and records.
The Franchise Collector shall keep records of wastes collected and charges therefor, and the
City shall have the right to review those records which in any way pertain to the payments
due it as well as the billing of all customers by the Franchise Collector. The Franchise
Collector's auditors shall certify to the City the accuracy of these records, and the City and
City's auditors shall also have the right to check and verify the records. All information so
obtained shall be confidential and shall not be released by the City unless expressly
authorized in writing by the Franchise Collector or required under applicable law. The
Franchise Collector will be responsible for the monthly billing of the customer and the City
will be provided with a monthly report indicating gross revenue; including in this monthly
report shall be a listing of customers including multiple users of a container, the number and
size containers per customer and the number of pick-ups per week for each customer. The
reports shall be submitted by the 20th day of the month following the end of each calendar
month. Failure to do so shall result in a $50.00 per day fine for each day that the report
is late. In the event that a customer is not complying with the contract agreement and his
service is discontinued by reason of nonpayment, then the City must be promptly notified
in order to take appropriate action for sanitation purposes. The City shall have the right
to conduct a financial audit performed by an accountant in accordance with generally
accepted accounting principles, when determined necessary by the City.
7.12 Bankruptcy or insolvency.
If the Franchise Collector becomes insolvent and in any event if a petition of voluntary or
involuntary bankruptcy is filed by or against the Franchise Collector, then this franchise shall
terminate in no event later than the date of filing of the bankruptcy petition.
7.13 Permits and licenses.
The Franchise Collector shall obtain at its own expense all permits and licenses required
by law or ordinance and maintain same in full force and effect.
7.14 Complaints.
If the Franchise Collector receives any complaints from customers or other persons on the
quality of service, use of equipment, method of collection, or other matters, then the
Franchise Collector shall respond to the matter within twenty-four hours of receipt, 48 hours
if such complaint occurs on a weekend, and resolve the matter within seventy-two hours of
receipt. Further, the Franchise Collector shall fully cooperate with the City in addressing
such complaints. The Franchise Collector shall maintain an up-to-date file listing all
complaints received and the Franchise Collector's response or action taken with respect
thereto. The City shah receive a copy of the complaint listing on a monthly basis.
7.15 CommunitySendce
The Franchise Collector shall provide emergency response services as directed by the City
Manager, which emergency response service would be performed immediately by the
Franchise Collector in accommodation of the emergency nature of the service requirement,
Ir.~32qCHISE AGREEMENT - p,.,ge ',
and for which reasonable compensation to the Franchise Collector shall be negotiated with
the City Manager after emergency services have been rendered.
ARTICLE 8 - SPECIAL CONDITIONS
8.1 Representatives
The authorized representative of the City for purposes of this Agreement shall be the City
Manager. The authorized representative of the Franchise Collector for purposes of this
agreement shall be the Division Manager. Either party may change its representative upon
five days written notice to the other party.
8.2 Insurance
The Franchise Collector will have and maintain such insurance as will protect it from claims
under workers Compensation Laws; disability benefit laws, or other similar employee benefit
laws; from claims for damages because of bodily injury, occupational sickness or disease, or
death of his employees including claims for damages because of bodily injury, sickness or
disease, or death of any person other than his employees, including claims insured by usual
personal injury liability coverage; and from claims for injury to or destruction of tangible
property including loss of use resulting therefrom -~ any or all of which may arise out of or
result from the Franchise Collector's operations under the Agreement, whether such
operations be by himself or by any subcontractor or anyone directly or indirectly employed
by any of them or for whose acts any of them may be legally liable. This insurance shall be
written for not less than any limits of liability specified or required by law, whichever is
greater. Within 30 days, the Franchise Collector will file with the City certificates of such
insurance, acceptable to the City; these certificates shall contain a provision that the
coverage afforded under the policies will not be canceled or materially change until at least
thirty days prior written notice has been given to the City.
Insurance Required:
A~ General
Before starting and until completion of the term of the Agreement, the Franchise
Collector shall procure and maintain insurance of the types and to the limits
specified in Paragraphs B (1) through (3) inclusive below.
Coverage
The amounts and types of insurance shall conform to the following minimum
requirements:
Worker's Compensation - Coverage to apply for all employees for Statutory
Limits in compliance with the applicable state and federal laws. In addition, the
policy must include the following:
a. Employer's Liability with a limit of $100,000 each accident.
bJ
Notice of Cancellation and/or Restriction - The policy must be endorsed to
provide the owner with thirty (30) days written notice of cancellation and/or
restriction.
2. Comprehensive General Liability - Coverage must be afforded on a form no
,4.
i _ANCHISE AGREEMENT - ~,.~ge ,~
more restrictive than the latest edition of the Comprehensive General Liability
Policy filed by the Insurance Services Office and must include:
am
Minimum limits of $1,000,000 per occurrence and $5,000,000 aggregate
combined single limit for Bodily Injury Liability and Property Damage
Liability on, Premises and/or Operations, Independent Contractors, and
b. Additional Insured - The owner is to be specifically named as an additional
insured, and
Notice of Cancellation and/or Restriction. The policy must be endorsed to
provide the owner with thirty (30) days written notice of cancellation and/or
restriction.
Comprehensive Automobile Liability - Coverage must be afforded on a form no
more restrictive than the latest edition of the Comprehensive Automobile
Liability Policy filed by the Insurance Services Office and must include:
am
Minimum limit of $1,000,000 per occurrence combined single limit for Bodily
Injury Liability and Property Damage Liability on; Owned Vehicles, Hired
and Non-Owned Vehicles, Employee Non-Ownership, and
Notice of Cancellation and/or Restriction. The policy must be endorsed to
provide the owner with thirty (30) days written notice of cancellation and/or
restriction.
Performance and payment bonds.
The Franchise Collector shall furnish to the City a security bond in the amount
of twenty-five thousand dollars (25,000.00) insuring the faithful performance of
this agreement and executed by a surety company with a best rating of A or
greater with a financial size category of five or better, licensed to do business
within the State of Florida and on the list of federally approved bond companies.
Said bond is in an amount deemed by the City and the Franchise Collector to be
reasonable and necessary to enable the City to receive payment of the franchise
and recycling fees provided for by this agreement to purchase equipment and
obtain personnel to maintain commercial refuse routes in the event that the
Franchise Collector becomes insolvent or fails to fulfill the terms and conditions
set forth herein. Prior to execution of this agreement, the City shall require the
Franchise Collector to furnish such bonds in such form as is acceptable to the
City.
Certificates of Insurance and Copies of Policies
Certificates of Insurance in triplicate evidencing the insurance coverage specified
in the previous paragraphs 8.2 (B) (1) - (3) inclusive, and certified copies of the
bond required by paragraph 8.2 (B) (4) shall be filed with the City before
operations are begun. The required certificates of insurance not only shall name
the types of policies provided, but also shall refer specifically to this contract and
section and the above paragraphs in accordance with which insurance is being
furnished, and shall state that such insurance is as required by such paragraphs-
.,-,, ~
i ... ,ANCHISE AGREEMENT - t--ge '-
of this contract.
If the initial insurance expires prior to the expiration of this agreement, renewal
certificates of insurance and required copies of policies shall be furnished thirty
(30) days prior to the date of their expiration.
The following cancellation clause must appear on the Certificate of Insurance.
The present Cancellation Clause appearing on the Certificate must be X'd out
and initialled by the Agent of the Insurer.
"Cancellation - Should any of the above described policies be canceled before
the stated expiration date thereof, insurer will not cancel same until at least
30 days prior written notice (by certified mail) has been given to the City of
Sanford, the below named certificate holder. This prior notice provision is a
part of the above described policies. Job Location: City of Sanford."
8.3 Transfer of Ownership
This Agreement shall not be assigned or transferred, or if a corporation, controlling interest
in the corporation shah not be sold without the consent of the City of Sanford, which
consent if given shall be evidenced by a resolution of the City Commission.
8.4 Notice of Default and Default of Contract
Should the Franchise Collector abandon or delay unnecessarily the performance of, or in
any manner refuse or fail to comply with any of the terms of this Agreement or neglect or
refuse to comply with the instructions of the City relative thereto, the City shall notify the
Franchise Collector, in writing, of such abandonment, delay, refusal, failure, or neglect and
direct the Franchise Collector to comply with all provisions of the Agreement. Copies of
such written notice shall be mailed to the surety that issued the performance and payment
bonds and be presented to the City Commission for action. The City Commission shall hear
the matter at an open session within fourteen (14) days after receipt of such written notice
from the City and shall make a determination within seven (7) days after hearing by the City
Commission whether or not the action in question is a breach of the terms of this Contract.
The Franchise Collector agrees to be present at such hearing and show cause why it has
abandoned, delayed, refused, failed or neglected to comply with the terms of the Agreement.
Should the Franchise Collector fail to appear or fail to show cause why it has abandoned,
delayed, refused, failed or neglected to comply with the terms of the Agreement satisfactory
to the City Commission, such Commission may declare a default of the Agreement and
notify the Franchise Collector and the surety that issued the performance and payment bond
of such declaration of default, and the City Commission may take such other action as it
may deem advisable.
Upon receipt by the City of such declaration of default, the Franchise Collector agrees upon
request of the City that he will discontinue the work and that the City of Sanford will
provide the collector services to the customers contained on exhibit 1 of this agreement,
8.5 Decisions of Questions
To prevent disputes, it is understood that questions arising as to the proper performance and
the amount to be paid for under this Agreement shall be decided by the City Manager of
F,. ~-kNCHISE AGREEMENT - p,,.~,e 1,
Sanford, subject to the right of Franchise Collector to appeal to the City Commission, whose
decision shall be final.
8.6 Force Majeure
Notwithstanding any provision other than as set forth in this Section, Force Majeure, the
performance of this Agreement may be suspended and the obligations thereunder excused
in the event that such performance is prevented by an event beyond the control of the
Franchise Collector (Force Majeure) and the Franchise Collector acts in the following
manner:
a. As a condition precedent the Franchise Collector shall notify in writing within 48
hours, and affirmatively prove within seven days to the City the occurrence of a force
majeure event and the time delay thereby to the performance of the provisions of
this Agreement.
Should the City find that a Force Majeure event has occurred, it shall extend the
time for Performance accordingly. Provided that in the event the City, exercising its
reasonable discretion, finds that the Force Majeure event will prevent or alter perfor-
mance or for such a period of time as to make performance unreasonable, the City
may declare the Agreement terminated.
A force majeure is defined for the purpose of this Agreement as:
Compliance with any order of any governmental authority or court, acts of war,
rebellion, insurrection, sabotage or damage resulting therefrom, fires, floods,
explosions, washouts, or events similar to these above. Provided that any Force
Majeure event or its effects must be affirmatively shown to have been beyond the
reasonable control of the Franchise Collector.
The parties further recognize that the provision of this Section 8.6 shall in no way limit the
Franchise Collector's duty, as otherwise specified herein, to secure all necessary permits and
comply with all applicable laws, regulation, or permit conditions. Any administrative or
legal proceedings required to be carried out by the Franchise Collector shall be pursued
until all available appeals have been exhausted, unless written instruction to the contract is
received from the City Commission.
8.7 Severability
If any part, section, subsection, or other portion of this Solid Waste Franchise Agreement
is declared void, unconstitutional, or invalid for any reason, such part, section, subsection, or
other portion, or the prescribed application thereof, shall be severable, and the remaining
provisions of this Agreement, and all applications thereof not having been declared void,
unconstitutional, or invalid shall remain in full force and effect. The City and Franchise
Collector declare that no invalid or prescribed provision or application was an inducement
at the execution of this Agreement, and that they would have executed this Agreement,
regardless of the invalid or prescribed provision or application.
8.8 Modification to contract due to public welfare or change in law
The City shall have the unilateral right to make changes in this Franchise Agreement as the
result of changes in law and to impose new and reasonable rules and regulations on the
Franchise Collector under this Agreement relative to the scope and methods of providing
Commercial and Recycling Collections Services as shall from time to time be necessary and
}_ANCHISE AGREEMENT - p~ge i_
desirable for the public welfare. The City shall give the Franchise Collector reasonable
notice of any proposed change and an opportunity to be heard concerning those matters.
The scope and method of providing Commercial and Recycling Collection Services as
referenced herein shall also be liberally construed to include, but is not limited to the
manner, procedures, operations and obligations, financial or otherwise, of the Franchise
Collector. The City and the Franchise Collector understand and agree that the 1988 Florida
Legislature has made comprehensive changes in Solid Waste Management legislation and
that these and other changes in law in the future which mandate certain actions or programs
for counties or municipalities may require changes or modifications in some of the terms,
conditions or obligations under this Agreement. Nothing contained in this Agreement shall
require any party to perform any act or function contrary to law. The City and the
Franchise Collector agree to enter into good faith negotiations regarding modifications to
this Agreement which may be required in order to implement changes in the interest of the
public welfare or due to change in law.
duly executed, in duplicate, this~
, 1992.
ATTEST:
CITY OF SANFORD, FLORIDA
WASTE MANAGEMENT of ORLANDO, Inc.
Dale Bilthouse
Name (typed or printed)
Pr~,.qiflent/Genera] Manager
Title
NAME ....................................................SIZE ....,3NT TOTYDS ......COMF .......
SANFORD iRRIGATION
MCtg:OBER'FS AL.~TO CENTEE
r.,1.A-r I ONA[. GUARD ARMOR
CUMBERL. AND FARMS
F'ARK AVENUE VILL. AS
!..]r,~ ~ATiON ARMY
AHOY MAF~ I NE, I NC
HANDY WAY
SANF:ORD EARLY CHIL.DH
14ARREL..L 8: BEVERLY
PF:~ I NT t NG PALACE
GENEVA GARDEN AF'TS
L i L CHAMP FOOD ~: 1020
SEMI NOLE GARDEN AF'TS
FLOR IDA PUBL I CUT I L. I
GERALD &= CHARLES AUT
SOUTHERN BELL TELEPH
BR I DGEW~.:~TER APTS
S I MPL I MAT i C ENG I NEER
HOWE INDUSTRY
M I DWAEST COAST TRANS
COMMERCIAL. CHEMICAL.
BAY STREET CENTER
HALL. AM GARAGE
NEW YORK FASTENERS
A,%:M DISCOUNT BEVERAG
BRYANT t,. DEHNER
FLA ELECTRONICS/TRAN
GRUEN i NGER APTS ~3
ZIT]'F:~OWER BROS GARAG
PARTS C i TY
TOWN & L. AKE APTS
F:AM i LY DOLLAR ~.635
AMERICAN PIONEER TIT
F I RESTONE :~ 19?7
SANFORD LANDING-APTS
METRO SALES
STATE MARKET RESTAUR
F' I ZZA HUT
BiG DIP
H I GHWAY [] I L, I NC
CAPTA I N D ' S
SANFORD HERALD
SANFORD STATE FARMER
HARDEES RESTAURANT
FAMOUS REC I PE FR I ED
BBQ R I B RANCH
WARE ROGERS OIL
R I TEA I D []ORP
EAST OCEAN CHINESE R
CEDAR CREEK'
4.0 1 4.00 WM AUG
6.0 I 6. C:C: WM AUG
4.0 1 A.. 0() WM AUG
6.0 1 :L ~.~, 00 WM AUG
2 ,, 0 E~ 8.00 WM AUG
q.. 0 1 ~. 00 WM AUG
6.0 1 6.00 WM AUG
6.0 1 I ~. 00 WM AUG
4.0 i 8.00 WM AUG
2.0 1 2.00 WM AUG
~. 0 1 ~. 00 WM AUG
8 ,, 0 6 1 ~+~.~. 00 WM AUG
3.0 E~ 18.00 WM ALJG
8.0 8 128.00 WM AUG
6.0 1 6.00 WM AUG
~., 0 i ~. 00 WM AUG
8.0 1 16.00 WM AUG
8.0 1E~ 192 ,. 00 WM AUG
8,0 ~ 48.00 WM AUG
8.0 i 16.00 WM AUG
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6.0 1 6.00 WM AUG
6.0 I 1E~. 00 WM AUG
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4.0 1 A-. 00 WM ALIG
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EXHIBIT 1
Page 1 of 2
NA!'dtFZ ...............................................S i;.Z~..: CONT TOTYDS .....COMF ..........
ARBORS ;~'~) HIDDEN LAKE 8.6
KENTUCKY FR I ED CH. I CK 8.0
SEMZ[NOLE SHOPPING CE 8.6 :i. 3
· iCOLIRTESY USED CAF,'S 8,,0 i
L. i L CHAMP FOOD STC)RE ~.'+. 0 ~.-'
: TR I I::'t_.E CO MED I (CA[_ iCE 3.0
~ F'F;.tOi".ITO i NSULA'F i ON ;~ C, :i.
i~ F I RST F'RESBYTER I AN C; 29.0 1
TOM E~ECKEL NURSERY P..O 1
M I RACLE MARBLE I NC 8.0
ROBERTSON T IRES 4.0
M i S TER DONUT ~ ,, () 1
CHAMPION TV 8.0 :l.
ECKi.:.:F;zD DRUG STORE 4.0 I
:: ROSS S'T'OF~:F:ES 6.0 I
:, SiJN BANK t',IA 4.,0 1
MAE ' S FABR i CS 3.0 :t.
iii MARINERS Vt[.LAGE 6.0 A.
D t SCOUNT AUTO F'ARTS 8.0 I
TAYLOF;~ RENTALS 3.0
ii SAVE A LOT 8.0 1
K MART ,~fiAIN STORE 1 1.0 P.
BAPT I ST CHURCH ~..'!. 0 I
U S POS'F OFF: lCE 6.0 1
LOYAl,,. ORDER OF MOOSE 3.8 4
KRUSE AF'TS 3.0
jOB SERVICE OF FL.A 4.0 1
CENTRA[. FI_A COMMUNiT 4.0 1
BROWNS MOULD I NG 8.0
R ~ FOODS 8.0
SANFORD A I RF'ORT ALF[H 8.4 5
SEf',.ITURY S I GN INSTALI.. P.. 0 1
SEMINOLE [_ANDSCAPE E-'..O 1
MASTER COVE APTS 8.6 1 F2
SANFOR[) PROF CORP 4.0, 1
PARAGON HOME CA.RE ~.~.O
F'R I VATE INDUSTRY COU E~. 0
CERTIFIED AUTO/BODY ~.0 1
BOYS TOWN 6.0 1
:'~F I NA ROAD RUNNER STA ~2.0
i A CH I [..DS WORLD ~. 0 1
CUMBERLAND FARMS ~t-95 6.0 1
SANFORD COURT APTS 6.4 8
C J U LTD 3.0
! WADES GROCER STORE ,:+.0 1
i LAKE FOREST DEVELOPM 8.0 1
ANDERSON SERVICE P..O 1
L I L CHAMP FOOD STORE ~.~. 0 I
HERNON MFG I NC 4.0 1
PAULUCCI ESTATE ~. 0 1
~ ..................
56.00 W,~4 AUG
3P...00 WM AUG
160.00 WM AL.iG
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8.00 WM AUG
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4.00 WM AUG
EXHIBIT 1
Page 2 of 2
~F~RANCHISE AGREEMENT
This agreement, made and entered into this~~X~th~t/~/'/~~--
, by and between the CITY OF SANFOE wi s princi-
pal place of business located at City Hall, P. O. Box 1788,
Sanford, FL 32772, hereinafter referred to as the "City", and
WasteMAnagement, Inc. , with its principal place
of business located at Pox 568887/3419 VinelandRd/Orlsndo. ~.32856
hereinafter referred to as the "Franchise Collector."
WITNESETH:
WHEREAS, it is the intent of the City of Sanford to require all
refuse collectors with service agreements for the collection of
commercial waste in the City entered into on or before June 24,
1991, to enter into a franchise agreement with the City to allow
the refuse collector to continue to provide commercial collection
services within the City until the expiration of the presen.t_~r~
of each Service Agreement; and
WHEREAS, the City is duly authorized to grant a franchise for the
collection of.solid waste and recyclable.materials within.the City
of Sanford, Florida; and
WHEREAS, said Franchise Collector agrees to pay the Franchise and
Recycle Fees specified and required by.Ordinance. 3070 and Reso.
lution 1611 as amended from time to time of the City of.Sanford,
and has presented satisfactory evidence to the. City that.it is in
an adequate physical and financial position to provide such service
under all rules and regulations of the City; and
WHEREAS, The City's Solid Waste Division of the Public Works
Department shall provide the commercial collection service to each
commercial establishment located within the City no later than the
expiration date of the present term of each service .agreement of
the Franchise Collector as established on Exhibit 1 of this
Agreement; and
WHEREAS, the City has found that the granting of a commercial solid
waste and recyclable materials collection. franchise to the
Franchise Collector is in the best interest of the public.
NOW THEREFORE, in consideration of the promises and mutual
covenants herein contained, the parties hereto intending to be
legally bound, hereby agree as follows:
ARTICLE 1 - DEFINITIONS
As used herein, the definitions contained in Section 2, defini-
tions, of City of Sanford Ordinance 3066, and Ordinance 3070 as
amended, shall apply unless otherwise specifically stated.
Franchisee: Franchisee shall mean the Franchise Collector or his
authorized representative.
1
.~]"Efvl/~' A'
ARTICLE 2 - SCOPE OF WORK
The Franchise Collector is granted a franchise to provide collec-
tion services of commercial waste from and within the City of
Sanford, Florida, to the Customers at the locations listed on
Exhibit 1, which is attached hereto and made a part hereof, under
the terms and conditions set forth herein. The Franchise Collec-
tor shall not enter into any new service agreements for the
collection of commercial waste within the City of Sanford, Florida
and shall not provide commercial collection service to any
customers located within the City of Sanford other than those
listed in Exhibit 1.
The frequency, type and nature of the collector service of
commercial waste shall be as established individually between the
person controlling the real property and the franchise collector.
The Franchise Collector shall comply with all applicable local,
state and federal laws, codes, ordinances, resolutions, rules and
regulations.
The Franchise Collector shall provide all labor, materials,
equipment, skills, tools, machinery, supervision, facilities and
other services to provide the collection services required herein.
The~ Franchise Collector shall pay, at its expense, all costs,
expenses, license fees, and charges required to perform the
collection services including the disposal charges at the Solid
Waste Facility.
The relationship between the parties shall be limited to perfor-
mance of this Agreement solely in accordance with its terms. No
party shall have any responsibility whatsoever with respect to
services provided or contractual obligations assumed by the other
party and nothing in this Agreement shall be deemed to constitute
either party a partner, agent, or legal representative of the other
party or to create any fiduciary relationship. The Franchise
Collector's status shall be that of an independent contractor.
ARTICLE 3 - PAYMENT
3.1 Rates, Billing and Fees
A. The Franchise Collector shall be responsible for the billing,
collection, rate setting and incidental cost of fulfilling the
contract agreements with parties being serviced.
B. The Franchise Collector shall submit a franchise fee to the
City of 15% of total invoiced billing for all Commercial Refuse
Service rendered in the City.
C. The Franchise Collector shall submit a recycling fee to the
City of $ .50 per cubic yard of total billing for all commercial
refuse service rendered in the City.
2
D. The Franchise Collector shall pay to the City the applicable
franchise, recycling and administrative fees as set by the City
Commission by the 20th of the month following provision of the
service.
ARTICLE 4 - INDEMNIFICATION
The Franchise Collector shall at all times defend, indemnify,
protect, hold harmless, and exempt the City, its officers, agents,
servants, employees and subcontractors, from any and all penalty,
damage, or charges arising out of claims, suits arising out of
claims, suits demands, causes of action, or award of damages
whether compensatory or punitive, or expenses arising therefrom,
including the City's attorneys fees, either at law or in equity,
which might be claimed now or in the future, including any payments
required by the Worker's Compensation law, which may arise out of
or be caused by the operation of performance, operation, main-
tenance, repair, installation, replacement or removal of a~'~i~e~
building, equipment, or vehicle within the Franchise Collector's
solid waste collection system and which is caused by a negligent
or intentional act or omission of the Franchise Collector, its
officers, agents, servants, employees, and subcontractors.
The Franchise Collector shall pay, and by its acceptance of this
franchise, the Franchise Collector specifically agrees that it will
pay, all damages and penalties which the City legally may be
required to pay as a result of the granting or extension of this
franchise. These damages or penalties shall include, but shall
not be limited to, damages arising out of copyright infringements,
anti-trust 'violations, and all other damages arising out of or
relating to its operation and maintenance of a commercial solid
waste collection and disposal business, whether or not any act or
omission complained of is authorized, allowed or prohibited by this
franchise.
ARTICLE 5 - TERM
5.1 FRANCHISE AGREEMENT
The term of this agreement shall be for one (1) year from October
1, 1991, until September 30, 1992.
5.2 SERVICE AGREEMENT
The expiration date of the present term of each Service Agreement
is listed in Exhibit 1 of this Agreement. The Franchise Collec-
'tor agrees to take all legal steps necessary to terminate each
Service Agreement of each account listed in Exhibit 1 of this
Agreement upon the expiration date of each Service Agreement as
listed in Exhibit 1, and not to renew same.
The City's Solid Waste Division of the Public Works Department
shall provide the collection service of commercial wastes to each
commercial establishment listed in Exhibit 1, no later than the
expiration of the present term of each Service Agreement on the
listed in Exhibit 1 of this Agreement.
ARTICLE 6 - STATEMENT OF ASSURANCE
The Franchise Collector, for the Term of this Agreement, assures
the City that said Franchise Collector will not on the grounds of
race, color, national origin, religion, sex, age, handicap or
marital status, discriminate in any form or manner against said
Franchise Collector's employees or applicants for employment (as
provided in Title VI of the 1964 Civil Rights Act, and the Florida
Human Rights Act of 1977) and understand and agrees that this
Agreement is conditioned upon the veracity of this Statement of
Assurance. Furthermore, the Franchise Collector herein assures the
City that said Franchise Collector will comply with Title
Civil Rights Act of 1964 when federal grant(s) is/are involved.
Other applicable Federal and State laws, Executive Orders, and
regulations prohibiting discrimination as hereinabove referenced
are included by this reference thereto. This Statement of
Assurance shall be interpreted to include Vietnam-Era Veterans and
Disabled Veterans within it protective range of applicability.
ARTICLE 7 - RESPONSIBILITIES OF FRANCHISE COLLECTOR
7.1 Equipment and Personnel
The Franchise Collector shall do all the work and furnish at its
own expense all labor, materials, equipment, and other facilities,
as may be necessary and proper for performing and completing the
work under this Agreement.
The work shall be performed in accordance with the true intent and
meaning of this agreement. Unless otherwise expressly provided,
the work must be performed in accordance with the best modern
practice, with workmanship of the highest quality, all as deter-
mined by and entirely to the satisfaction of the City.
Unless otherwise expressly provided, the means and methods of
collection shall be such as the Franchise Collector may choose,
subject, however, to the approval of the City. Only adequate and
safe procedures, methods, and equipment shall be used.
4
7.2 Commercial Collection Service
The Franchise Collector shall collect and remove all properly
contained Solid Waste placed out in accordance with the City of
Sanford Ordinance No. 3066 and 3070 from the accounts as listed in
Exhibit 1. The nature and frequency of Commercial Collection
Service shall be as agreed between the Customer and Franchise
Collector.
Commercial Collection Service shall not be conducted before 5:30
a.m or after 9:00 p.m. No collection shall be made on Sunday
except for restaurants and hospitals. The Franchise Collector
shall maintain and keep up-to-date all such records and files as
necessary to document the collection service.
7.3 Reporting of Recyclable and Solid Waste Collection Material.
The Franchise Collector shall keep records of recyclable materi-
als pickedup in the City so as to allow the City to meet
of Florida DER reporting requirements. Such records shall consist,
at a minimum, of the type of recyclable material collected and net
weight of each material. Total volume and weight of all other
solid waste collected by type of waste (i.e.; yard waste, insti-
tutional, demolition, etc). A report shall be forwarded monthly
that shall be a compilation of the total weight of each material
for the month and the date of collection, it is preferred this
report be from the 20th of the month through the 19th of the next
month.
7.4 Provision of Commercial Refuse Bins
The Franchise Collector shall provide refuse bins to all commer-
cial collection service customers requesting refuse bins. The
type, number, and location of such refuse bins shall be as agreed
between the Customer and Franchise Collector.
The Franchise Collector may enter into Use Agreements with the
customer for the provision of refuse bins which shall terminate on
or before the expiration date listed for the customer in Exhibit
1.
The Franchise Collector also shall be responsible for the care and
maintenance of the refuse bins supplied and shall hold the City
harmless for any and all liabilities arising out of the use
thereof.
For privately owned refuse bins, the Franchise Collector shall hold
the City harmless for any damages to the refuse bins or liabilities
associated therewith arising out of utilization of such refuse
bins.
5
7.5 Free Services
The Franchise Collector shall not provide any free services to
anyone for collection services, transportation, or disposal of
solid waste.
7.6 Suitable Containers and Refuse Bins
Any privately owned container or refuse bin which is in disrepair
due to the lack of a well-fitting cover or the presence of holes,
cracks, or tears in the bottom or sides may be condemned and so
marked by the Franchise Collector. Any container or refuse bin so
marked may be picked up and removed by the Franchise Collector
after two weeks following the marking of the container or refuse
bin if it has not been replaced or repaired by the Owner.
The Franchise Collector shall notify the City of containers and
refuse bins so marked and their removal.
7.7 Preservation of property
The Franchise Collector shall preserve from damage all property
along the route of the collection services, or which is in the
vicinity of or is in any way affected by the performance of the
collection services. Franchise Collector shall locate containers
in areas' that allow access without driving over curbings, side-
walks and other street right of way structures. This applies, but
is not limited, to the public utilities, trees, lawn areas,
building monuments or markers, fences, pipe and underground
structures, public streets, (except natural wear and tear of
streets resulting from legitimate use thereof by the Franchise
collector), and wherever such property is damaged due to the
activities of the Franchise Collector, it shall be immediately
restored to its original condition by the Franchise Collector at
its own expense.
In case of failure on the part of the Franchise Collector to
restore such property, or make good such damage or injury, the City
may upon 48 hours written notice to the Franchise Collector,
proceed to repair, rebuild, or otherwise restore such property as
may be deemed necessary, and to bill the cost thereof to the
Franchise Collector.
7.8 SpillaGe and/or Litter
The Franchise Collector shall be responsible for picking up and/or
removing any spillage or litter resulting from the performance of
the collection services by the Franchise Collector.
Areas of spilled trash adjacent to commercial collection contain-
ers not caused by the Franchise Collector shall be cleaned up by
the Franchise Collector.
6
7.9 Identification
All solid waste collection vehicles and equipment operated by the
Franchise Collector shall be clearly marked with the name of the
Franchise Collector and its telephone number.
All employees of the Franchise Collector shall display identifi-
cation showing them as employees of the firm.
7.10 Office
The Franchise Collector shall maintain an office with regular
business hours, five days per week, Monday through Friday, and
shall have adequate personnel and facilities in said office to
receive and duly respond to complaints and questions made or raised
by Customers of the Franchise Collector during regular business
hours.
7.11 Books and records.
The franchisee shall keep records of wastes collected and charges
therefor, and the City shall have the right to review those records
which in any way pertain to the payments due it as well as the
billing of all customers by the franchisee. The franchisee's
auditors shall certify to the City the accuracy of these records,
and the City and City's auditors shall also have the right to check
and verify the records. All information so obtained shall be
confidential and shall not be released by the City unless expressly
authorized in writing by the franchisee or required under ap-
plicable law. The franchisee will be responsible for the monthly
billing of the customer and the City will be provided with a
monthly report indicating gross revenue; including in this monthly
report shall be a listing of customers including multiple users of
a container, the number and size containers per customer and the
number of pick-ups per week for each customer. The reports shall
be submitted by the 20th day of the month following the end of each
calendar month. Failure to do so shall result in a $50.00 per day
fine for each day that the report is late. In the event that a
customer is not complying with the contract agreement and his
service is discontinued by reason of nonpayment, then the City must
be promptly notified in order to take appropriate action for
sanitation purposes. The City shall have the right to conduct a
financial audit performed by an accountant in accordance with
generally accepted accounting principles, when determined necessary
by the City.
7.12 Bankruptcy or insolvency.
If the franchisee becomes insolvent and in any event if a petition
of voluntary or involuntary bankruptcy is filed by or against the
franchisee, then this franchise shall terminate in no event later
than the date of filing of the bankruptcy petition.
7
7.13 Permits and licenses.
The franchisee shall obtain at its own expense all permits and
licenses required by law or ordinance and maintain same in full
force and effect.
7.14 Complaints.
If the Franchise Collector receives any complaints from customers
or other persons on the quality of service, use of equipment,
method of collection, or other matters, then the Franchise
Collector shall respond to the matter within twenty-four hours of
receipt, 48 hours if such complaint occurs on a weekend, and
resolve the matter within seventy-two hours of receipt. Further,
the Franchise Collector shall fully cooperate with the City in
addressing such complaints. The Franchise Collector shall maintain
an up-to-date file listing all complaints received and the
Franchise Collector's response or action taken with ~'~~
thereto. The City shall receive a copy of the complaint listing
on a monthly basis.
7.15 Community Service
The Franchise Collector shall provide emergency response services
as directed by the City Manager, which emergency response service
would be performed immediately by the Franchise Collector in
accommodation of the emergency nature of the service requirement,
and for which reasonable compensation to the Franchise Collector
shall be negotiated with the City Manager after emergency servic-
es have been rendered.
ARTICLE B - SPECIAL CONDITIONS
8.1 Representatives
The authorized representative of the City for purposes of this
Agreement shall be the City Manager. The authorized representa-
tive of the Franchise Collector for purposes of this agreement
shall be the Division Manager. Either party may change its
representative upon five days written notice to the other party.
8.2 Insurance
The Franchise Collector will have and maintain such insurance as
will protect it from claims under workers Compensation Laws;
disability benefit laws, or other similar employee benefit laws;
from claims for damages because of bodily injury, occupational
sickness or disease, or death of his employees including claims
for damages because of bodily injury, sickness or disease, or death
of any person other than his employees, including claims insured
by usual personal injury liability coverage; and from claims for
injury to or destruction of tangible property including loss of use
8
resulting therefrom -- any or all of which may ariseI out of or
result from the Franchise Collector's operations under the
Agreement, whether such operations be by himself or by any
subcontractor or anyone directly or indirectly employed by any of
them or for whose acts any of them may be legally liable. This
insurance shall be written for not less than any limits of
liability specified or required by law, whichever is greater.
Within 30 days, the Franchise Collector will file with the City
certificates of such insurance, acceptable to the City; these
certificates shall contain a provision that the coverage afforded
under the policies will not be canceled or materially change until
at least thirty days prior written notice has been given to the
City.
Insurance Required:
A. General
Before starting and until completion of the term of the Ag~h'~ .........
the Franchise Collector shall procure and maintain insurance of the
types and to the limits specified in Paragraphs B (1) through (3)
inclusive below·
B. Coverage
The amounts and types of insurance shall conform to the following
minimum requirements:
1. Worker's Compensation - Coverage to apply forall employees for
Statutory Limits in compliance with the applicable state and
federal laws. In addition, the policy must include the following:
Employer's Liability with a limit of $100,000 each
accident.
Notice of Cancellation and/or Restriction - The policy
must be endorsed to provide the owner with thirty (30)
days written notice of cancellation and/or restriction.
2. Comprehensive General Liability - Coverage must be afforded on
a form no more restrictive than the latest edition of the Compre-
hensive General Liability Policy filed by the Insurance Services
Office and must include:
Minimum limits of $1,000,000 per occurrence and
$5,000,000 aggregate combined single limit for Bodily
Injury Liability and Property Damage Liability on,
b. Premises and/or Operations,
c. Independent Contractors,
Additional Insured - The owner is to be specifically
named as an additional insured, and
Notice of Cancellation and/or Restriction. The policy
must be endorsed to provide the owner with thirty (30)
days written notice of cancellation and/or restriction.
3. Comprehensive Automobile Liability - Coverage must be afford-
ed on a form no more restrictive than the latest edition of the
Comprehensive Automobile Liability Policy filed by the Insurance
Services Office and must include:
Minimum limit of $1,000,000 per occurrence combined
single limit for Bodily Injury Liability and Property
Damage Liability on
b. Owned Vehicles,
c. Hired and Non-Owned Vehicles,
d. Employee Non-Ownership, and
Notice of Cancellation and/or Restriction. The policy
must be endorsed to provide the owner with thirty (30)
days written notice of cancellation and/or restriction.
4. Performance and payment bonds.
The Franchise Collector shall furnish to the City a security bond
in the amount of twenty-five thousand dollars (25,000.00) insur-
ing the faithful performance of this agreement and executed by a
surety company with a best rating of A or greater with a financial
size category of five or better, licensed to do business within the
State of Florida and on the list of federally approved bond
companies. Said bond is in an amount deemed by the City and the
Franchise Collector to be reasonable and necessary to enable the
City to receive payment of the franchise and recycling fees
provided for by this agreement to purchase equipment and obtain
personnel to maintain commercial refuse routes in the event that
the franchisee becomes insolvent or fails to fulfill the terms and
conditions set forth herein. Prior to execution of this agreement,
the City shall require the Franchise Collector to furnish such
bonds in such form as is acceptable to the City.
5. Certificates of Insurance and Copies of Policies
Certificates of Insurance in triplicate evidencing the insurance
coverage specified in the previous paragraphs 8.2 (B) (1) - (3)
inclusive, and certified copies of the bond required by paragraph
8.2 (B) (4) shall be filed with the City before operations are
begun. The required certificates of insurance not only shall name
the types of policies provided, but also shall refer specifically
to this contract and section and the above paragraphs in accordance
with which insurance is being furnished, and shall state that such
insurance is as required by such paragraphs of this contract.
10
If the initial insuzance expires prior to the ~xpiration of this
agreement, renewal certificates of insurance and required copies
of policies shall be furnished thirty (30) days prior to the date
of their expiration.
The following cancellation clause must appear on the Certificate
of Insurance. The present Cancellation Clause appearing on the
Certificate must be X'd out and initialled by the Agent of the
Insurer.
Cancellation - Should any of the above described policies be
canceled before the stated expiration date thereof, insurer
will not cancel same until at least 30 days prior written
notice (by certified mail) has been given to the City of
Sanford, the below named certificate holder. This prior
notice provision is a part of the above described policies.
Job Location: City of Sanford.
8.3 Transfer of Ownership
This Agreement shall not be assigned or transferred, or if a
corporation, controlling interest in the corporation shall not be
sold without the consent of the City of Sanford, which consent if
given shall be evidenced by a resolution of the City Commission.
8.4 Notice of Default and Default of Contract
Should the Franchise Collector abandon or delay unnecessarily the
performance of, or in any manner refuse or fail to comply with any
of the terms of this Agreement or neglect or refuse to comply with
the instructions of the City relative thereto, the City shall
notify the Franchise Collector, in writing, of such abandonment,
delay, refusal, failure, or neglect and direct the Franchise
Collector to comply with all provisions of the Agreement. Copies
of such written notice shall be mailed to the surety that issued
the performance and payment bonds and be presented to the City
Commission for action. The City Commission shall hear the matter
at an open session within fourteen (14) days after receipt of such
written notice from the City and shall make a determination within
seven (7) days after hearing by the City Commission whether or not
the action in question is a breach of the terms of this Contract.
The Franchise Collector agrees tobe present at such hearing and
show cause why it has abandoned, delayed, refused, failed or
neglected to comply with the terms of the Agreement.
Should the Franchise Collector fail to appear or fail to show cause
why it has abandoned, delayed, refused, failed or neglected to
comply with the terms of the Agreement satisfactory to the City
Commission, such Commission may declare a default of the Agreement
and notify the Franchise Collector and the surety that issued the
performance and payment bond of such declaration of default, and
the City Commission may take such other action as it may deem
advisable.
Upon receipt by the City of such declaration of default, the
Franchise Collector agrees upon request of the City that he will
discontinue the work and that the City of Sanford will provide the
collector services to the customers contained on exhibit 1 of this
agreement.
11
8.5 Decisions of Ouestions
To prevent disputes, it is understood that questions arising as to
the proper performance and the amount to be paid for under this
Agreement shall be decided by the City Manager of Sanford, subject
to the right of Franchise Collector to appeal to the City Commis-
sion, whose decision shall be final.
8.6 Force Maj eure
Notwithstanding any provision other than as set forth in this
Section, Force Majeure, the performance of this Agreement may be
suspended and the obligations thereunder excused in the event that
such performance is prevented by an event beyond the control of the
Franchise Collector (Force Majeure) and the Franchise Collector
acts in the following manner:
1. As a condition precedent the Franchise Collector shall
.notify in writing within 48 hours, and affirmatively .................
prove within seven days to the City the occurrence of a
force majeure event and the time delay thereby to the
performance of the provisions of this Agreement.
2. Should the City find that a Force Majeure event has
occurred, it shall extend the time for Performance
accordingly. Provided that in the event the City, exer-
cising its reasonable discretion, finds that the Force
Majeure event will prevent or alter performance or for
such a period of time as to make performance unreason-
able, the City may declare the Agreement terminated.
3. A force majeure is defined for the purpose of this
Agreement as:
Compliance with any order of any governmental authority
orcourt, acts of war, rebellion, insurrection, sabotage
or damage resulting therefrom, fires, floods, explosions,
washouts, or events similar to these above. Provided
that any Force Majeure event or its effects must be
affirmatively shown to have been beyond the reasonable
control of the Franchise Collector.
12
The parties further recognize that the provision of this
Section 8.6 shall in no way limit the Franchise Collector's
duty, as otherwise specified herein, to secure all necessary
permits and comply with all applicable laws, regulation, or
permit conditions. Any administrative or legal proceedings
required to be carried out by the Franchise Collector shall
be pursued until all available appeals have been exhausted,
unless written instruction to the contract is received from
the City Commission.
8.7 Severability
If any part, section, subsection, or other portion of this Solid
Waste Franchise Agreement is declared void, unconstitutional, or
invalid for any reason, such part,section, subsection, or other
portion, or the prescribed application thereof, shall be sever-
able, and the remaining provisions. of this Agreement, and all
applications thereof not having been declared void, unc0~i~U~
tional, or invalid shall remain in full force and effect. The City
and Franchise Collector declare that no invalid or prescribed
provision or application was an inducement at the execution of this
Agreement, and that they would have executed this Agreement,
regardless of the invalid or prescribed provision or application.
8.8
Modifications to contract due to public welfare or change in
law:
The City shall have the unilateral right to make changes in this
Franchise Agreement as the result of changes in law and to impose
new and reasonable rules and regulations on the Franchise Collec-
tor under this Agreement relative to the scope and methods of
providing Commercial and Recycling Collections Services as shall
from time to time be necessary and desirable for the public
welfare. The City shall give the Franchise Collector reasonable
notice of any proposed change and an opportunity to be heard
concerning those matters. The scope and method of providing
Commercial and Recycling Collection Services as referenced herein
shall also be liberally construed to include, but is not limited
to the manner, procedures, operations and obligations, financial
or otherwise, of the Franchise Collector. The City and the
Franchise Collector understand and agree that the 1988 Florida
Legislature has made comprehensive changes in Solid Waste Manage-
ment legislation and that these and other changes in law in the
future which mandate certain actions or programs for counties or
municipalities may require changes or modifications in some of the
terms, conditions or obligations under this Agreement. Nothing
contained in this Agreement shall require any party to perform any
act or function contrary to law. The City and the Franchise
Collector agree to enter into good faith negotiations regarding
modifications to this Agreement which may be required in order to
implement changes in the interest of the public welfare or due to
change in law.
13
day of
~~~ 19 9~ ~
CITY OF SANFORD, FLORIDA
ATTEST:
WASTE MANAGEMENT INC.
· .~ ,..:::~"'. 'THROUGH ASHTON AGENCY.
Date & Sea'!
14
EXHIBIT I - WASTE MANAGEMENT INC.~ FRANCHISE AGREEMEN,
ACCOUNT NAME
ADDRESS
A CHILD'S WORLD
A&M DISCOUNT BEV
AHOY MARINE INC
AIRPORT CHEVRON
- 285~ SANFORD AVENUE
- 1~19 CELERY AVENUE
- 511 25TH STREET E
- 5001 ORLANDO DRIVE
AMERICAN LEGION POST - 287~ SANFORD AVENUE
AMERICAN PIONEER TIT - 119 1ST STREET W
ARBORS OF HIDDEN LK - 122 HIDDEN LAKE/ARBOR COURT
BAGGS PRODUCE MARKET - 2~85 SANFORD AVENUE
BAHAMA JOES RESTAURN - 2508 FRENCH AVENUE
BAPTIST CHURCH
BAY STREET CENTER
BAYHEAD CENTER
- 2626 PALMETTO AVENUE
- 500 BAY AVENUE
- 902 LK MARY BOULEVARD
BAYHEAD RACOUET CLUB - 901
BBQ RIB RANCH
BIG DIP
BLUE BOOK CARS
LK MARY BOULEVARD
- 25~5 FRENCH AVENUE
- 254.9 FRENCH AVENUE
- ~11~ ORLANDO DRIVE
BOWL AMERICA/SANFORD - 180
BOYS TOWN
BRIDGEWATER APTS
BROWNS MOULDING
BRYANT/DEHNER ALUM
BUCKS RESTAURANT
BUTCHuB CHEVRON
BUXTON PROPERTIES
C J GROCERY
C J U LTD
CABLEVISION OF FLA
CAMERON APTS ~7
AIRPORT BOULEVARD W
- 5500 SANFORD AVENUE
- 500 AIRPORT BOULEVARD
- 5~0 PECAN AVENUE
- 12~1 COMMERCE WAY
- 1220 SANFORD AVENUE
- 2207 1ST STREET W
- 5200 ORLANDO DRIVE
- 5500 SANFORD AVENUE
- STATE STREET PLAZA
- 2619 FRENCH AVENUE
.- ~17 5RD STREET W
pg.
EXPIRATION
DATE
o9/ol/93
12/lo/95
o5/o2/93
11/o2/91
06/01/94.
ottol/9t
05105/93
lo/ol/91
ol/28/93
04101/95
ot/ol/93
02/08/92
07/01/92
11/ol/95
07/26/94.
08/22/91
01/07/92
o5/ol/95
08t0~/92
07/22/92
0i/01/92
06105/94.
o~t8ot9~
08/ol/91
05/21/92
01/19/92
10/05/92
EXHIBIT I - WASTE MANAGE~,T INC., FRANCHISE AGREEME~
2
ACCOUNT NAME
ADDRESS
CAMERON APTS
CAPTAIN
CEDAR CREEK
CENTRAL FL EDUCA CU
- 510 MAGNOLIA AVENUE
- 251~ FRENCH AVENUE
- 2t50 HARTWELL AVENUE
- 101 25TH STREET E
CENTRAL FLA COMM CLI - 2~72 PARK AVENUE
CERTIFIED AUTO BODY - 1012 SANFORD AVENUE
CHURCHES FRIED CHICK - 2561 FRENCH AVENUE
CITY OF SANFORD - 908 6TH STREET W
COLONIAL ROOM REST - 115 1ST STREET E
COMM CHEMICAL PRODUC - 1107 AIRPORT BOULEVARD B
CONTROL/TECH CEN FLA - 2776 FINANCIAL COURT
CONTRYSIDE TRAIL PAK - 2991 KNUDSEN DRIVE
COUNTRY CLUB MANOR
COURTESY USED CARS
CUMBERLAND ~9587
- 25TH ST W/HOLLY AVENUE
- 5219 ORLANDO DRIVE
- 17-92 & LAKE MARY BLVD
CUMBLAND FARMS ~9505 - 217 PARK AVENUE
CUMBLAND FARMS ~9522 - 5100 SANFORD AVENUE
DAIRY SHACK
DALLAS BOWER INC
DIAMOND MASONAMY
1808 FRENCH AVENUE
1501 let STREET W
2525 KENTUCKY AVENUE
DISCNT AUTO PARTS ~9 - 2925 ORLANDO DRIVE
DISCNT TIRE COMPANY
DOLLAR GENERAL 1~87
DOMINOS PIZZA
DOMES BARGAIN BARN
DREAMWORLD TR PARK
EAST OCEAN CHINESE
ECKERD DRUG 036
- 5515 ORLANDO DRIVE
- 2670 ORLANDO RIVE
- 1910 FRENCH AVENUE
- 1219 FRENCH AVENUE
- 2557 MOHAWK AVENUE
- 2520 FRENCH AVENUE
- 5611 ORLANDO DRIVE
EXPIRATION
DATE
10/03/92
09/20/93
01/17/9~
05/22/92
05110/95
O1/25/93
02/28/92
10/07/91
03/17/92
12/08/92
0~/25793
0~/25/93
04/01/93
0~t3019t
10/19/92
04/01/92
09/25/92
11/17/92
01/22/92
08/21/92
0~/08/92
0t/19/92
05/28/92
09/15/91
05/lt/94.
08/21/92
05110/93
05/09/93
EXHiBiT I - WASTE MANAGEN'""'~T INC., FRANCHISE AGREEMEy''''~ pg.
ACCOUNT NAME
ADDRESS
ELBOW ROOM - 2640 SANFORD AVENUE
ELECTRONICS SPACE - 1201 SILVER LAKE DRIVE
ENGINEERING FASTNERS - 5400 BRYANT AVENUE
FAMILY DOLLAR ~655 - 413 1ST STREET E
FAMOUS RECIPE CHICKE - 1905 FRENCH AVENUE
FINA STATION
FIRESTONE TIRE
FIRST PEBYS CHURCH
FLA ELECTRON/TRANSF
- 2501 SANFORD AVENUE
- 601 1ST STREET W
- 301 OAK AVENUE
- 421 CORNWALL ROAD
6TH STREET W
OAK AVENUE
FLA PUBLIC UTILITIES - 901
FLORIDA MOTEL - 500
FUTURE HEALTH CONCET - 2841MELLONVILLE AVENUE
GENEVA GARDEN APTS
GEORGIA ARMS APTS
GERALD AUTO MACHINE - 604
GOODYEAR TIRE CENTRE - 555
GRUENINGER APTS ~3
GRUENINGER APTS ~5
H L ROWAN
HANDY WAY ~1485
MANDY WAY ~3797
HANSON AUTO SERVICE
HARDEES RESTAURANT
HARDEN & WEST ELECT
HARDER'S TOWNHOUSES
HARRELL & BEVERLY
HERNON MEG INC.
HIGHWAY OIL ~731
- 1505 25TH STREET W
- 2600 GEORGIA AVENUE
6TH STREET W
1ST STREET W
- 814 ELM AVENUE
- 1401 1ST STREET W
- 2534 SANFORD AVENUE
- 301 25TH STREET E
- 2691 AIRPORT BOULEVARD
- 185 AIRPORT BOULEVARD
- 2506 FRENCH AVENUE
- 1683 BEARDALL AVENUE
- 1601 TERRACE DRUVE
- 209 25TH STREET W
- 121 TECH DRIVE
- 2~25 FRENCH AVENUE
EXPIRATION
DATE
06Io8/9~
03Ii~192
0i/10/93
09/20/93
07/20/94.
06/25/93
09/26191
04101/93
04/09/94
09/15/92
11/01/93
10103193
10/22/91
09/0~/93
0810~/9~
12/01/91
06/12/92
10/11/91
09/30/92
lo/o8/91
05/05/93
11/o3/92
06/25/93
08/29/93
04/10/93
02/12/93
08/26/92
EXHIBIT I - WASTE MANAGEM/'xT INC., FRANCHISE AGREEME~
ACCOUNT NAME
ADDRESS
HOLIDAY INN-SANFORD
HOWE INDUSTRIES
HUNGRY HOWIES
HUNGRY HOWIES
tDEIS FOOD
530 PALMETTO AVENUE N
905 AIRPORT BOULEVARD
2~00 FRENCH AVENUE
58~0 ORLANDO DRIVE
1506 13TH STREET W
JAN"S PRODUCE
JANE TAYLOR
JARVIS APTS
JEWEL T STORE
INCON INDUSTRIES INC - 5~51 BRYANT AVENUE
- 1~50 FRENCH AVENUE
- 111 CEDAR AVENUE
- 40~ I~TH STREET E
- 2701 ORLANDO DRIVE
JIM CALDWELL(ALLSTE) - ~520 ORLANDO DRIVE
JIMMY BRYON HONDA
JOB SERVICE OF FLA
JOHN CHILDERS
JOHNS SMALL ENGINES
JOYCE WELL DRILLING
K & D MANUF
K-MART STORE
K-MART STORE - AUTO
- 2915 ORLANDO DRIVE
- 26~0 PARK AV STE 101
- 2710 ORLANDO DRIVE
- 909 5RD STREET W
- LAKE LAKE AVENUE
- 2901 CELERY AVENUE E
- 5101 ORLANDO DRIVE
- 5101 ORLANDO DRIVE
KENTUCKY FRIED CHICK - 5601 ORLANDO DRIVE
KRUSE APARTMENTS
KULPA, STANDLEY
LA RUE~$
LAKE FOREST DEVELOP
LEBIS MANAGMENT
LEWIS INVESTMENTS
- 1717 PARK AVENUE
- ~07 1ST STREET W
- 2601 PARK DRIVE
- 5550 SHORELINE DRIVE
- 2200 FRENCH AVENUE
- 5800 STATE ROAD ~27
LIL CHAMP FOOD STORE - 1920 FRENCH AVENUE
LIL CHAMP FOOD STORE - 501 FRENCH AVENUE & 5rd St
EXPIRATION
DATE
01/16/92
0~/18/95
01/01/92
li/O1/gl
11/05/91
07/2~/95
0t/21/94.
06/25/9~
08/05/92
06/29/92
08/01/92
03/28/92
0~/25/95
0~/02/92
08/2~/92
05/02/95
01/01/92
10/50/92
12/01/92
il/02/92
ot/o8/93
o~/28/92
0~/01/95
06/04/95
07/05/92
01/25/92
07108/92
12/05/92
EXHiBiT I - WASTE MANAGEM/"'T INC., FRANCHISE AGREEMEP"", pg.
5
ACCOUNT NAME
ADDRESS
LIL CHAMP FOOD STORE - 1116 CELERY AVENUE
LIL CHAMP FOOD STORE - 7~99 STATE ROAD ~27
LIL CHAMP FOOD STORE - 1119 25TH STREET E
LIL CHAMP FOOD STORE - 1ST STREET & HWY 46
LIMARAN ll - 116 2ND STREET W
LK JENNIE APARTMENTS - 1511 SANTA BARBARA DRIVE
LK MONROE HARBR MAR1 - P 0 BOX 687
LOXCREEN
LOYAL ORDER/MOOSE
MAE'S FABRICS
MARINERS VILLAGE
MASTER COVE APTS
- SILVER LAKE DRIVE
- 2660 PALMETTO AVENUE
- 5852 ORLANDO DRIVE
- 5202 ORLANDO DRIVE
- 271~ RIDGEWOOD AVENUE
MCROBERTS AUTO CENTE - ~05 1ST STREET W
MCT MIDWEST COAST - tO0 AIRPORT BOULEVARD
MELLONLLE TRACE APTS - t40 MELLONVILLE AVENUE
MELODEE SKATING RINK - 2700 25TH STREET W
METRO CHYSLER PLYMTH - ~115 ORLANDO DRIVE
METRO SALES CORP - 1921 1ST STREET W
MID FLORIDA CABINETS - ~15 i~TH STREET
MIDWAY MART
MIKES AUTO ELECTRIC
MIRACLE MARBLE INC
MISTER DONUT
- 2199 SIPES AVENUE
- 262~ IROOUOIS AVENUE
- ~524 ORANGE BOULEVARD
- 5755 ORLANDO DIRVE
NATIONAL GUARD ARMOR - 915
NATIONAL RR PASSENG
NIX BEDDING MFG CO
ONE HARBOUR PLACE
PALM TREE APTS
- 600
- 709
-
- 500
1ST STREET E
PERSIMMON AVENUE
CELERY AVENUE
PALMETTO AVENUE ~lOt N
AIRPORT BOULEVARD N
EXPIRATION
DATE
02/09/92
0i/16/93
06/26/92
04/07/92
ii/i5/gi
0~/15/93
08/31/93
i2/i2/92
08/22/91
08/30/93
0~/12/93
i0/i0/93
0~/09/94
07/10/92
07/02/92
06/07/92
05/17/92
10/25/92
03/01/92
05/02/93
08/05/94.
07/01/92
11/12/92
0t/1S/93
09/30/92
0~/22/92
02/01/94.
0~/15/92
EXHiBiT I - WASTE MANAGEM'~"",T INC., FRANCHISE AGREEMEP"'. pg.
6
ACCOUNT NAME
ADDRESS
PARAGON HOME CARE - 240 SAN MARCOS AVENUE N
PARK AV VILLAS - 2502 PARK AVENUE
PARK AVENUE WASH MAR - 1217 PARK AVENUE
PARTS CITY
PASS INC
PAUL GRUENINGER
PAULUCCI ESTATE
PEINE APARTMENTS
2500 FRENCH AVENUE
5~50 BRYANT AVENUE
1200 ELM AVNEUE
2020 WASHINGTON AVENUE
611 PARK AVENUE
PERKINS SEMINOLE FEN - 5765 ORLANDO DRIVE
PIZZA HUT ~8 - 2002 FRENCH AVENUE
PLAZA ROCKING CHAIR - 290O FRENCH AVENUE
POPLAR GROCERY/MEATS - 515
PRINTING PALACE - 211
PRIVATE INDUSTRY COU - 210
POPLAR AVENUE
25TH STREET W
SANFORD AVENUE
PRONTO INSULATION
OUINCEY STEAK HOUSE
R & E FOODS, INC
- ~150 MORSE STATION RD
- 2955 ORLANDO DRIVE
- 5501 PENN AVENUE
R L BEST INTERNATION - t75 SILVER LAKE DRIVE
RESTLAWN CEMETARY CO - 1110 PINE AVENUE
RINKER MATERIALS
RITE-AID ~2052
RIVERSHIP ROMANCE
ROBERTSON TIRES
ROSS STORE ~27t
ROY R BLACKBURN
SAIL POINT APTS
SALVATION ARMY
SANFORD AIRPORT AUTH -
- 2210 25TH STREET W
- 2~58 FRENCH AVENUE
- ~55 PALMETTO AVENUE N
- ~259 ORLANDO DRIVE
- 5659 ORLANDO DRIVE
- ~555 ANCIS AVENUE
- 401 SEMINOLE BOULEVARD
- 700 2~TH STREET W
PICKALK GRND & TERMINAL
EXPIRATION
DATE
07/16/93
o~/18/95
06/28/92
09/05/93
08/17/93
10/16/91
0~/18/95
05/31/92
01/i5/9~
04118/95
10/20/91
08/13/92
05/20/94.
05/17/9~
01/16/9~
01/09/92
10/16/93
01/29/92
02/18/92
10/09/91
O5/27/92
0~/20/92
0~/08/94-
12/05/95
10/02/95
11/02/91
0tI18t95
o~/8o/95
EXKiBIT I - WASTE MANAGEM~T INC., FRANCHISE AGREEME>~''~. pg.
8
ACCOUNT NAME
ADDRESS
SHIVERS
SIMPLIMATIC ENGINEER - 500
SLUMBERITE INC
SOBIK SUB
SOIL FUMIGANTS CO
- 1685 BEARDALL AVENUE
AIRPORT BOULEVARD
- ~02 PECAN AVENUE
- 2~55 FRENCH AVENUE
- 1525 BEARDALL AVENUE
SOUTHERN BELL TELEPH - 501
ST JOHN & SON
STAR ENTERPRISE
STATE MARKET REST
SUN BANK
SUNCRETE
9TH STREET W
- 520 LAUREL AVENUE
- 1208 PARK AVENUE
- 1500 FRENCH AVENUE
- 2910 ORLANDO DRIVE
- 2701 5TH STREET W
SUPER SCRUB CAR WASH - 2615 ORLANDO DRIVE
TAYLOR RENTALS
TIRE EXPRESS/AUTO
TODDS QUALITY
'TOM BECKEL NURSERY
TOWN LAKE APTS
'TRAILER PARK
TRIPLE CO MEDICAL
'TROPICOOL
TUBE TEC INC.
UNION 76/ANDERSON
UNIROYAL CHEMICAL
UNIVERSITY CENT FLA
VOGUE ~21
WADES GROCERY STORE
- 5215 ORLANDO DRIVE
- 2650 ORLANDO DRIVE
- 4,15 15TH STREET W
- 2050 ORANGE BOULEVARD
- 711 1ST STREET E
- 0 GARDEN DRIVE
- 515 MANGOUSTINE AVENUE N
- 1111 FRENCH AVENUE
- 501 BROWN AVENUE
- 1802 SOUTHWEST ROAD
- 3601 CELERY AVENUE E
- 2700 CELERY AVENUE E
- 1150 STATE STREET
- 509 7TH STREET E
WALLYS TRUCK/HVY EQU - 1~71 BEARDALL AVENUE
WARE ROGERS OIL CO - 110 FRENCH AVENUE N
EXPIRATION
DATE
08/17/92
11/oi/92
02/22/92
06/2~/92
06/05/95
0~/20/95
08/15/92
05/05/92
o~15of9~
otfo5t95
o6/o~/92
05/50/95
o5/o7/95
04111195
10/05/92
05/25/92
12/05/95
07/15/92
08/51/95
12/11/92
09/21/92
06/12/92
01/18/95
06/0i/95
0~tii/95
0tI28/95
il/05/91
09/28/95
EXHiBiT I - WASTE MANAGEM~T INC., FRANCHISE
9
ACCOUNT NAME
ADDRESS
WELAKA BUILDING - 116 1ST STREET W
WESTGATE TV INC - 3115 ORLANDO DRIVE
WILLIAMS FISH MARKET - 1805 13TH STREET W
WOK EXPRESS - 3021 ORLANDO DRIVE
ZITTROWER BROTHERS - 1~00 ELM AVENUE
EXPIRATION
DATE
05/0~/93
o811519~
07/18/92
05/22/9~
0~t18t93
EXHiBiT I - WASTE MANAGEI'~'T INC., FRANCHISE AGREEMEK"",
7
ACCOUNT NAME
ADDRESS
SANFORD AUCTION
SANFORD COURT APTS
SANFORD EARLY CHILD
SANFORD ELECTRIC
- 1215 FRENCH AVENUE
- 3301 SANFORD AVENUE
- 801 25TH STREET E
- 2522 PARK DRIVE
SANFORD HEATING & A/- 2609 SANFORD AVENUE
SANFORD HERALD - 300 FRENCH AVENUE N
SANFORD HOUSING AUTH - 1400 W lOth ST CASTLE BREW CT
SANFORD IRRIGATION - 750 WYLLY AVENUE
SANFORD LANDING APTS - 1800 1ST STREET W
SANFORD POST OFFICE - 221 PALMETTO AVENUE N
SANFORD PROFF CENTER - 1~03 MEDICAL PLAZA
SANFORD PROFF CORP
SANFORD ST FARM MKT
SANFORD TOWN SQUARE
- 209 SAN CARLOS AVENUE
- 1300 FRENCH AVENUE
- 1500 S.R. 17-92/FRENCH AV
SANLANDO MACHINING I - 501
SCHUMACHER FARMS
SCHWEIZER/SCHWEIZER
SEAS COASTLINE R/R
AIRPORT BOULEVARD
- 1~35 MYRTLE STREET
- 728 COUNTY RD 15
- 900 PERSIMMON AVENUE
SEM VETERINARY HOSPI - 2515 25TH STREET W
SEMINOLE FORD INC - 5786 ORLANDO DRIVE
SEMINOLE GARDEN APTS - 1600 5TH STREET W
SEMINOLE LANDSCAPING - 2825 RICHMOND AVENUE
SEMINOLE OFFICE CTR - 512 1ST STREET W
SEMINOLE PAINT/BODY - 25~0 MYRTLE AVENUE
SEMINOLE SHOP CENTRE - 3605 ORLANDO DRIVE
SEMINOLE WORK OPPORT - 3422 ORLANDO DRIVE
SENTURY SIGN INSTALL - 905 PINE WAY
SHERWIN-WILLIAM5 - 3757 ORLANDO DRIVE
EXPIRATION
DATE
11/13/91.
o~/ol/93
o~tllf9~
03/13/92
o~I3oI93
10/15/92
o5/ol/93
11/o7/95
09106/93
02/23/92
o8/ol/93
05106/94,
12/21/91
05/26/92
'08/01/92
o5/ol/93
o~/3o/92
03/05/92
12/ol/92
o5/lo/9~
08/03/92
11/22/91
ot/lo/93
11/5o/92
05/08/93
06/25/9~
o5/ol/95
NATIONAL' IUARA Y INSURANt? COMPANY
NT
7 BURLINGTON SQUARE, 6th FLOOR · BURLINGTON, VT 05401 · 1-800-876-6442
GUARANTEE PAYMENT BOND
BOND NUMBER GP91-0016
KNOW ALL' MEN BY THESE PRESENTS, That we, WASTE MANAGEMENT OF ORLANDO,
INC., P.O. Box 568887, 3419 Vineland Road, Orlando, FL 32856 ,
as Principal, and NATIONAL GUARANTY INSURANCE COMPANY, a
corporation duly organized and existing under the laws of the State
of Vermont, having its principal office at 7 Burlington Square, 6th
Floor, Burlington, Vermont 05401, as Surety are held and firmly
bound unto the CITY OF SANFORD, FLORIDA ,
as Obligee, in the sum of
..... Twenty-Five Thousand and 00/100 $25,000.00
for the payment of which sum, well and truly to be made, we bind
ourselves, our personal representatives, successors and assigns,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, That:
WHEREAS the Principal is desirous of a non-exclusive franchise
aRreement with the City of Sanford, Florida and guaranteeing
collection fees to the City
AND WHEREAS a surety bond is required as a guarantee fees will be
paid by the Principal for this service,
NOW THEREFORE, if the above-bounden Principal shall well and truly
pay, or cause to be paid, all fees incurred by them in the use of
the aforementioned service, then this bond and all obligations
hereunder shall become void and of no effect; otherwise, to remain
in full force and virtue.
PROVIDED HOWEVER, that this bond may be canceled by the Surety by
giving thirty (30) days' notice in writing to the Obligee, and at
the end of said thirty (30) days' notice, the liability of the
Surety, except as to any liabilities or indebtedness already
accrued, shall cease and said bond shall thereupon terminate and be
of no more force and effect.
IT IS FURTHER PROVIDED that the aggregate liability of the Surety
hereunder shall not exceed the penal sum of this bond.
IN WITNESS WHEREOF, the Principal and Surety have hereto set their
signatures and seals this 1st day of October , 19 91 .
A ~~~ T .
ARAN CE COMPANY
Malcolm Outts-Watson, Attorne~-i~'Fact
POWER OF ATTORNEY
Know all ,Men by These Presents that the National Guaranty
Insurance Company, 7 Burlington Square, 6th Floor, Burlington,
Vermont Corporation (the "Corporation"), has constituted and
appointed and does hereby constitute and appoint Julie Boucher,
Malcolm Cutts-Watson, Susan Domingue and Karen Liebel of
Burlington, Vermont each its true and lawful Attorney-in-Fact to
execute under such designation in its name and to affix its
corporate seal to deliver for and on its behalf as surety thereon
or otherwise, bonds of any of the following classes, to wit:
Surety bonds to the United States of America or any
agency thereof, including lease and miscellaneous surety
bonds required or permitted under the laws, ordinances or
regulations of any State, City, Town, Village, Board or
any other body or organization, public or private.
Bonds on behalf of contractors in connection with bids,
proposals or contracts.
The foregoing powers granted by the Corporation shall be
subject to and conditional upon the written direction of any
officer (or any designee of any such officer) to execute and
deliver any such bonds.
IN WITNESS WHEREOF, the Corporation has caused these presents
to be signed by its Vice President/Underwriting and its Assistant
Secretary, and its corporate seal to be hereto affixed this 1st
day of October , 19 91 .
Witness:
NATIONAL GUARANTY INSURANCE COMPANY
Donald S. Haufe ~
Vice President/Underwriting
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
COMPANIES AFFORDING COVERAGE
COMPANY
LETTER A
Cc>ntact: M. Pa'~i'..isor,. 312--280--55/-!-0 COMPANY
I'.~.SO ........................................ LETTER B 'T"f"ar~spor't:ation insuT'ance Cc:-.
INC.
COMPANYC
LETTER
COMPANY D
LETTER
COMPANY E
LETTER
-WASTE MANAGEMENT OF ORLANDO,
P.O. Box 568887
3419 Vineland Road
Orlando, FL 32811
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
BUA600160558 :i.
TYPE OF INSURANCE POLICY NUMBER
i ......
COMMERCIAL GENERAL LIABILITY ~;Z.~ [,. () O O ,t.. 6 0 E; E~8~'[
OWNER'S & CONTRAC~OR'S PROT.
PI:;: C)D / C C)M P {) PER AT i C)N S
CONTRACTUAL-
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIABILITY
EXCESS LIABILITY
POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS
DATE (MM/DD/YY) DATE (MMIDDIYY)
............ GENERAL AGGREGATE $
:[/O:[/cp<) :[/0!/(~2 PRODUCTS-COM~}OPSAGG~EGA'I:~:$
PERSONAL & ADVERTISING ~NJUnY S
EACH OCCURRENCE $
FIRE DAMAGE (Any one fire) $
'!IO'L/90 1101192
MEDICAL EXPENSE (Any one person) $
COMBINED
SINGLE $ 5 ~ O
LIMIT
BODILY
N JURY $
(Per person)
BODILY
INJURY $
(Per accident)
PROPERTY $
DAMAGE
EACH
OCCURRENCE
$
AGGREGAi'E
:t. I0:1./90
OTHER THAN UMBRELLA FC RM
WORKER'S COMPENSATION ~,jC'-: z.[ f.'.~ O :[ ~)O 5i~ _E.;'.Tc~}
AND
EMPLOYERS' LIABILITY
OTHER
STATUTORY
:i. / 0,1. ' c,, ':.--
/ .*' ~'L.. $ :[ ,- () () <) (EACH ACCIDENT)
$ 5 p 0 0 O (DISEASE--POLICY LIMIT; ~
$ ."{. ~ 0 O '/..) (DISEASE--EACH EMPLOYEE)!
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
All operations and equipment of the insured.
pERTIFICATE:HOLDER: ~0:i~L~():~:!~: ::: ~, ::, ~:::' :1 ~ ;: 'CANCELLATION :::: :!~:
CITY OF SANFORD, FLORIDA
P.O. Box 1788
Sanford, FL 32772
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL 90 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE ~~J~P~ATI~r 1:89
Sanford,
Public Works Department
P.O. Box 1788--32772-1788
(407) 330-5680, FAX (407) 330-5666
September 25, 1991
Dale E. Bilthouse
General Manager
Waste Management of Orlando
P.O. Box 568887
Orlando, Florida 32856-8887
Dear Mr. Bilthouse,
Enclosed please find the Franchise Agreement form fOr'waste
Management of Orlando to become a Franchised Collector of
commercial waste inthe City of Sanford for the period from October
1, 1991 through September 30, 1992. The Franchise Agreement
contains Exhibit 1 which is a list of Waste Management's commercial
accounts that are active within the City of Sanford. This list
is a compilation of the list that was submitted with the
application for franchise agreement. Please sign and notarize the
fo~-m'and return to the City by October 3, 1991.
Please contact me at (407)-330-5680 or.Frank Kilgore at (407)-
330-5679 for any information you may need about this subject.
Thank you in advance for your cooperation.
RGH/ks
Sincerely,
Robert G. Herman
Public Works Director
"The Friendly City"