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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. 1 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 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. 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 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. 6 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. 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 "~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 8 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. 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 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. 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 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 Date & Se8 14 g6/~/60 ~ ~3Vqd HIg~ lOCi ~6/~/~0 M l~lg HI6~ g~ - VSR ~110 96/~0/I0 ~ ~IS AVM ~O~WWO3 6II ~ g13~O0~ 000~ VA~N~9 ~6/~I/gO ~AI~G HOWl OIE - "ONI M~IN! 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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