463-Industrial Waste Service FRANCHISE AGREEMENT
, by and between the CITY OF B~qFORD w ts princi-
pal place of business located at City Hall, P. O. Box 17BB,
Banford, FL 32772, hereinafter referred to as the "City", and
Ind~fri~l Wa~feService, Tn~. , with its principal place
of business located at 1099D~iller Drive, Alte~onteSprin~o FL32703
hereinafter ~efer~ed to ~s the "F~anchise Collector."
WITNEBETH:
~E~B, it is the intent of the City of Banfo~d to ~equire all
refuse collectors ~ith se~ice agreements fo~ the collection of
co~ercial waste in the City entered into on or before J~e 24,
lggl, to enter into a f~anchise agreement with the City to allow
the refuse collector to continue to provide co~ercial collection
se~ices within the City~til the expiration o~ the p~es~nt~
of each Be~vice ~g~eement~ and
~E~B, the City is duly authorized to grant a franchise for the
collection of solid waste and ~ecyclable materials within the City
of Banford, Flo~ida~ and
~E~B, said Franchise Collecto~ agrees to payee Franchise and
Recycle Fees specified and required by O~dinance 3070 and Reso-
lution l~ll as a~ended fro~ time to time of the City of Banford,
and has p~esented satisfactory evidence to the City that it is in
an adequate physical and financial position to provide such service
~der all ~ules and re~lations of the City~ and
~E~B, The City~s Bolid ~aste Division of ~e ~lic ~orks
Department shall'p~ovide ~e co~ercial collection semite to each
co~ercial establishment located ~ithin the City no l~te~ th~n the
expi~ation date of the p~esent te~ of each semite agreement of
the Franchise Collector ~s established on Exhibit i of this
~g~ee~ent~ and
~E~B, the City has ~o~d that the granting of a co~e~cial solid
waste and ~ecyclable ~te~ials collection+ franchise to the
Franchise Collector is in the best interest of the p~lic.
NOW ~FO~, in consideration o~ the promises and ~utual
covenants herein contained, the pa~ties he~eto intending to be
legally bo~d, hereby agree as follows:
~TIC~ i - DEFINITIONB
~s used herein, the definitions contained in Bection 2, defini-
tions, of City of Banford Ordin~ce ~0~G, and Ordinance 3070 as
~mended, shall apply ~less othe~ise specifically stated.
Franchisee: Franchisee shall ~ean the F~nchise Collecto~ or his
authorized representative.
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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.
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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
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 V~6f*~h~
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 EGuiDment 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.
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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 Recvclable and Solid Waste Collection Material.
The Franchise Collector shall keep records of recyclable materi-
als picked up in the City so as to allow the City to meet t~"~t~
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
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.
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 propertv
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 Spilla~e 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.
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7.9 Identification
All solid waste collection vehicles and equipment operatedby the
Franchise Collector shall be clearly marked with the name of the
Franchise Collector and its telephone n~mher.
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 Bankruptcv 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.
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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 "~S~6~
thereto. The City shall receive a copy of the complaint listing
on a monthly basis.
7.15 Communitv 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
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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 Ag~t~
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:
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 restrictive than the latest edition of the Compre-
hensive 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 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:
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"'~i~
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 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 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 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.
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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 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, 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
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.
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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 Severabilitv
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, unc6~it~~
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
CITY OF SANFORD, FLORIDA
Mayo~I ~' ~
ATTEST:
i~yty lerk
INDUSTRIAL WASTE SERVICES, INC
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#TO031514A
PERFORMANCE BOND
Any singular reference to Principal, Surety, Owner or other party shall be considered plural where applicsl}le.
PRINCIPAL (Name and Address): SURETY (Name and Principal Place of
Industrial Waste Service, Inc. Business):
1099 Miller Drive Insurance Company of Nor~ America
Altamonte Springs, FL 32701 1600 North Arch Street
PhjladelpMa, PA
OWNER (Name and Address):
City of Sanford
P.O. Box 1788
Sanford, FL 32772
CONTRACT
Date: 10-I-91 to 9-30-92
Amoxlnt: 336,000.00
Desc~ption (NAme and Loca~ons): Collection of commercial trash
BOND:
Date (Not earlier than Contract Date): 10-1-91 to i0-1~92
Amount: 25,000.00
PRINCIPAL: SURETY
Company: (Corporate Seal) Company: 3 (f;<FAm~orporate Seal)
Industrial Waste Service, Inc. IST~Tur~e e'
Signature: '/~~n pany O 7.~y~C~,.~.4,4'
Nazle and Title: dwin nson : ~ '
~ N~me alld ~e: N y aleski
d rney-in~Fact
Treasurer
(FOR ~O~TION O~Y-N~me, AdZes ~d Telephone)
AGE~ OR BRO~R:
Sed~ck Jzmes of Flo~da, ~c.
One ~d~ Plea, 8~ ~
Fo~ Lauderie, FL 33394
(805) 764-7700
IN DUSTRIAL WASTE SERVICE, INC.
1099 MILLER DRIVE
ALTAMONTE SPRINGS, FL 32701
(407) 831-1539 Serninole
(407) 425-6600 Orange
(407) 892-2298 Osceola
October 16, 1991
Mr, Robert G. Herman
Public Works Director
P.O. Box 1788
Sanford, FL 32772-1788
Re: Franchise Agreement for IWS
Dear Mr. Herman:
Enclosed is the signed and executed Franchise Agreement form for
commercial and recycling collection in the City of Sanford for
the period from 10/1/91 through 9/30/92. Also attached are the
Performance Bond and Certificate of Insurance.
As soon as the Franchise Agreement form is signed by the City,
please forward a copy to my attention for our files.
Sincerely,
~o~as Daly
Director PU Relations
TD:ms
cc: Fr lgore - Sanitation Manager
Manager
Ed Johnson - Regional Manager
Julian Knackeft - Regional Controller
Barbara Helwig - Office Manager
A Commercial, Residential and Industrial Disposal Company
Assignment of Industrial Waste service, Inc.
Service Agreements to City of Sanford
In accordance with the terms of the letter dated April 22, 1992, from
David A. Jones, Attorney for Industrial Waste Service, Inc. (IWS), to
William A. Simmons, City Manager of the City of Sanford (City), which were
accepted by the City Commission on April 27, 1992,the undersigned Assignor
hereby assigns to the undersigned Assignee all of its rights to the Service
Agreements with the accounts listed in Exhibits A and B attached hereto and
incorporated herein by reference. It is the intent of the parties for IWS
to assign to the City any and all Service Agreements for accounts located
within the City limits.
The assignment of the Service Agreements listed in Exhibit A (Current
List) shall be effective May 1, 1992, on which date the City shall be
responsible for servicing the Current List accounts and shall be entitled
to bill and collect for said service.
The assignment of each Service Agreement listed in Exhibit B
(Delinquent List) shall become effective upon the sooner of the following
two (2) occurrences:
a) IWS receives payment on the delinquent account for services
rendered through April 30, 1992, thereby converting the delinquent account
to a current account; or
b) An order is entered by the City Code Enforcement Board against the
customer for the accumulation of debris, rubbish, trash or junk in the IWS
container in violation of the City's code.
The Assignee agrees to perform the obligations of the Assignor under
the Service Agreements that are hereby assigned in consideration of the
payments Owing to Assignor under the Service Agreements, which payments
shall be collected and retained by Assignee in full.
This Agreement was executed on May 1, 1992.
Wi Manager /~
City of Sanford, Florida By: ,
Industrial Waste .
CITY OF SANFORD
FRANCHISE CURRENT LIST
ACCOUNT # NAME SERVICE ADDRESS
6010210 Barry Newmiller Pkg. 3795 Sanford Avenue
6010330 Aamco Transmission 2890 Orlando Avenue, S.
6011785 Corey's Tire Zone 2413 French Avenue South
6012045 Asian Cleaners 3846 Hwy 17-92
6012098 ATA Maint Bldg. #147 Bldg 147 Hanger Road
6012350 Auto Gass & Seat Cover 315 French Avenue, S.
6030870 Ctrl-Aluminum 701 Cornb~all Road
6031480 Christos Classics 107 First Street West
6032053 Coker's Car Wash 1117 Twentyfifth Street
6041230 Doudney Bldng. 200 Commercial Drive East
6061260 Fountain Lodge Motel 2706 Orlando Drive
6070945 Gregory Lumber 500 Maple Avenue
6100657 Joy Food Store #685 2623 Orlando Drive
6120798 Thomas Largen M.D. 819 First Street East
6120943 Lee Construction Co. 319 Elm Avenue
6121310 Loch Lowe Prep School Lake Mary Blvd. East
6130354 McKee Dev. Co. 2290 Airport Blvd. West
6140061 Napoli's Restaurant #2 3108 Sanford Ave. South
6140390 New Tribes Mission 1000 First Street East
6140590 Northlake Village 700 Lake Minnie Drive
6150485 Orkin Exterminating 123 Commerce Way
6190290 San-Del Mfg, Inc. 2240 Old Lake Mary Road
6190375 Sanford Aluminum 800 13th Street West
6190530 Sanford Orthodontic 2509 Park Ave South
Exhibit A
ACCOUNT # NAME SERVICE ADDRESS
6190535 Central Florida Radiation 200 Mangoustine North
6190580 Sanford Tire and Muffler 420 French Ave. South
6190965 Security Warehouses 2499 Old Lake Mary Road
6191265 Seminole Sewing and 3820 Orlando Drive
6191455 7-11 #25063 Hwy 17-92 and Hwy 46
6191464 7-11 #25882 2700 25th Street West
6192760 Stokes Fish Market 417 Sanford Avenue
6193655 Sunshine Liquors Inc. 1610 13th St. W.
6200760 Tip Top Super Mkt. 2 1100 Thirteenth St. W.
6210240 Uncle Nick's Liquor 2605 Park Drive
6260287 Randolph Court Apts. 90 Hidden Lk. Drive #147
6260300 Grove Counseling III 591 Lake Minnie
6260314 Rite-Aid #2237 2483 Airport Blvd.
6260323 Kim Food store 1229 Thirteenth street W.
6260332 Heuer Utility Contr. 125 commerce Way #75
6260408 Zimmer Krech 200 French Ave. S.
6260663 Franklin Arms Apts. 1120 Florida Street
6260881 Catherine Thomas 802 Sanford Avenue South
6261077 Sanford Motor Co. 3418 Orlando Drive S.
6261087 Viking Coachwork, Inc. 2300 Old Lake Mary Road
6261154 Dairy Queen 2523 Park Drive
6261208 Greenwood Automotive 2280 Lake Mary Road
6261224 Insurance Land Inc. 2724 Orlando Drive
6261389 pebble Junction 702 French Ave. South
6261445 Heafner Tires & Prod. 111 Commerce Way
6261545 Murphy Veterinary 2620 Orlando Drive
-2-
Exhibit A
ACCOUNT # NAME SERVICE ADDRESS
6261642 Continuous Forms 210 Coastline Road
6261814 Sem. National Bank 251 First Street West
6262005 Comair 2700 Flightline Avenue
6262040 Kalyn Industries 105 Commerce Way
6262176 Sanford Music Center 1203 Park Avenue
6263000 UPA Inc. 1101 Cornwall Road
6263013 Epelsa International, Inc. 210 Tech Drive
6263023 Med-Care, Inc. 1700A First Street W.
6263183 Gibson Greeting Card 903 Thirst Street West
6263193 Arell Properties 200 Park Avenue south
6263245 Lagolondrina 2530 sanford Avenue
6263292 Miracle Industries 215 Coastline Road
6263305 Little Ceaser Pizza 1556 French Avenue South
6263347 Goodwill Industries 300 Third Street East
6263357 Cabinet Tech 401 Laurel Avenue
6263364 ACR CO. 2703 David Park Drive
6263465 Action Chk Cash Inc. 3802 Orlando Drive South
6263504 Video News 2709 Orlando Drive South
6263652 Centra-Care Medical 3505 Orlando Drive South
6263657 Soap Box #1 301 25th Street East
6263689 Park Villa 2540 Hartwell Avenue
6263746 USA Thrift Inc. 1522 French Avenue S.
6263981 Treadmasters, Inc. 1150 Albright Road
6263986 Sanford Exon Shop 3795 Orlando Drive South
6264071 Regetta Partners LTD 2335 Seminole Blvd. W.
6264127 FL Architect Woodwork 2786 Navigator Avenue
'3-
Exhibit A
ACCOUNT # NAME SERVICE ADDRESS
6264277 Geneva Food Products l19A Commerce Way
6264279 Ole Town America 906 French Avenue
6264296 American Paging Inc. 100D Commerce Way
6264421 New Quick Stop Center 801 Celery Avenue
6264430 FL Baseball schools 1201 Mellonville Avenue
6264489 Willett Used Cars 4165 Orlando Drive South
6264510 Willie B. Sherman, DDS 217 Oak Street South
6264704 Denny's #6409 3771 Orlando Drive
6264751 Village Market Place 3828 Orlando Drive
6264986 Bill Knapps Comm 1385 Silver Lake Drive
-4-
Exhibit A
CITY OF SANFORD
FRANCHISE DELINQUENT LIST
ACCOUNT # NAME SERVICE ADDRESS
6020175 BMA Sanford 210 Commercial Drive, E.
6021412 Bob's Used Furniture 3416 Orlando Drive
6260725 Leonard's Shell Station 2500 Park Drive
6261051 Gene's Auto Repair 2539 Park Drive
6261269 shenandoah Apartments 4220 Orlando Drive, South
6261343 Spencer Pest Control 2562 Park Drive
6261388 Mac's Pub 209 First Street, West
6263823 Cobia Boat Company 13th Street, E. #410
6264012 Cobia Boat Company 1211 13th Street
Exhibit B