1039-Solid Waste Franchise Agrm RESIDENTIAL AND COMMERCIAL
SOLID WASTE AND RECYCLABLE MATERIALS, AND RELATED MATERIALS
COLLECTION, TRANSPORT, AND DISPOSAL SERVICES
FRANCHISE AGREEMENT
THIS FRANCHISE AGREEMENT ("Contr~ .ct," or "Ag~'eer'nzent" or "Franchise Agreement" from
time-to-time herein) made and entered into this~?'"?'~/day of,,L.~g:~, ,2004, by and between the CITY
OF SANFORD, a Florida municipal corporation, whose ad~re~s is 300 North Park Avenue, Sanford,
Florida 32771, hereinafter referred to as the "City~', and FLORIDA RECYCLING SERVICES, INC., a
Florida corporation, whose merger with WASTE SERVICES OF FLORIDA, INC. occurred in 2004
(which merger under a prior Franchise Agreement was approved by the City on February 9, 2004) also
known as FLORIDA RECYCLING SERVICES OF DELAWARE, INC., a Foreign corporation authorized
to do business in the State of Florida, whose address is 1099 Miller Drive, Altamonte Springs, Florida
32701, and whose mailing address is 1122 International Boulevard, Burlington, Ontario L71-628,
hereinafter referred to as the "Contractor".
WlTNESSETH:
WHEREAS, the City is duly authorized to grant exclusive franchises for the collection, transport,
and disposal services of solid waste and recyclable materials within the City of Sanford, Florida, and
WHEREAS, the Contractor agrees to pay the Franchise Fees specified and required herein, 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 an exclusive contract with the Contractor to
provide residential and commercial solid waste1 yard waste and construction and demolition debris and
residential recyclable materials collection, transportation, and disposal services within the City of Sanford
is in the best interest of the public; and
WHEREAS, the Contractor represents to the City that the Contractor is capable and competent to
provide the services set forth herein for the benefit and advantage of the City and its citizens, residents,
businesses and visitors.
NOW THEREFORE, in consideration of the promises and mutual covenants herein contained,
the parties hereto intending to be legally bound, hereby agree as follows:
SECTION 1: RECITALS/DEFINITIONS
The above recitals (whereas clauses) are true and correct and provide a material part of the
consideration of this Agreement upon which the parties have relied.
For the purposes of this Agreement ail terms, words and phrases shall be as defined in the City
Code, Chapter 11, Solid Waste and Recycling, as may be amended from time-to-time.
SECTION 2: TERMS OF AGREEMENT - COMMENCEMENT OF WORK
The term of this Contract shall commence on October 1, 2004 and expire on December 31, 2009.
The Contractor shall commence services hereunder on October 1, 2004. At the end of this term, the
Paee I of 54
City shall prepare proposal documents consistent with its needs and requirements and, in accordance
with such processes and procedures as the City may find necessary and desirable at that time,
receive and accept competitive proposals from such applicants as the City may deem appropriate.
SECTION 3: RESIDENTIAL CURBSIDE AND ALLEY SERVICES PROVIDED BY THE
CONTRACTOR
The Contractor shall provide the following residential curbside and alley collection services within the
corporate limits of the City. Levels of service as set forth in this Franchise Agreement shall be
deemed the minimum acceptable level of service. Nothing herein prohibits the Contractor from
providing service at a level higher than the standards set forth within this Agreement.
Residential units shall mean single and multiple family residences. However, multiple-family units or
mobile home communities utilizing two (2) cubic yard containers or larger shall be considered
commercial units.
3.1 RESIDENTIAL CURBSIDE AND ALLEY SOLID WASTE; YARD WASTE; FURNITURE;
WHITE GOODS; COMMUNITY CLEAN-UP DAY; AUTOMOBILE TIRE & AUTOMOBILE
BATTERY; GARBAGE CAN REPLACEMENT AND SIDE- DOOR SERVICES
3.1.1 Residential Curbside and Alley Solid Waste Collection Service
(1) The Contractor shal~ collect, convey and dispose of, twice per week, an unlimited
amount of solid waste from each residential unit, at no additional charge.
(2) Collections shall occur on Monday/Thursday for all residential units located East of
United States Highway 17-92 and Tuesday/Friday for all residential units located West
of United States Highway 17-92.
(3) A daily report on a form acceptable to the City indicating the service performed and the
date completed shall be submitted to the City by the Contractor.
3.1.2 Residential Curbside and Alley Yard Waste Collection Service
(1) The Contractor shall collect, convey and dispose of, once per week, an unlimited
amount of yard waste from each residential unit, at no additional charge.
(2) Collections shall occur on Wednesday of each week.
(3) Residential yard waste does not include items herein defined as Contractor-Generated
Waste or Exempt Waste.
(4) The Contractor shall collect, convey and dispose of, at no additional charge, discarded
Christmas trees, whether whole or otherwise, placed curbside or alley.
(5) A daily report on a form acceptable to the City indicating the service performed and the
date completed shall be submitted to the City by the Contractor.
3.1.3 Residential Curbside and Alley Furniture Collection Service
(1) The Contractor shall collect, convey and dispose of, once per week, an unlimited
amount of furniture from each residential unit placed curbside or alley, at no additionai
charge.
(2) Collections shall occur on the second solid waste collection day of the week.
Page 2 of 54
(3) A daily report on a form acceptable to the City indicating the service performed and the
date completed shall be submitted to the City by the Contractor.
3.1.4 Residential Curbside and Alley White Goods Collection Service
(1) The Contractor sha~l collect, convey and dispose of, once per week, an unlimited amount
of white goods from each residential unit placed curbside or alley, at no additional charge.
(2) Collections shall occur on Wednesday of each week, upon notification from the City.
(3) A daily report on a form acceptable to the City indicating the service performed and the
date completed shall be submitted to the City by the Contractor.
3.1.5 Residential Curbside and Alley "Community Clean Up Day" Bulk WasteI Yard Waste & Junk
Collection Service
(1) The Contractor shall collect, convey and dispose of, two (2) times per year, in April and
in October, on dates established by the City, at no additional charge, unlimited amounts of bulk
waste, yard waste and junk from each residential unit and City rights-of-way during each City
proclaimed "Community Clean Up Day".
(2) Collections shall occur on Saturday as follows:
FIRST Saturday in April and October:
Residential units located East of United States Highway 17-92 and North of 20th Street
SECOND Saturday in April and October:
Residential units located East of United States Highway 17-92 and South of 20~h Street
TH/RD Saturday in April and October:
Residential units located West of United States Highway 17-92 and North of 25th Street
FOURTH Saturday in April and October:
Residential units located West of United States Highway 17-92 and South of 25TM Street
All collections shaft occur between the hours of 7:00 A.M. and 7:00 P. M inclusive
(3) Residential bulk waste, yard waste and junk do not include items herein defined as
Contractor-Generated Waste or Exempt Waste.
(4) The Contractor shall provide to each residential customer, twice per year at the
Contractor's expense, a condensed version of the collection schedule, rules and regulations
for each April and October "Community Clean Up Day" thirty (30) days prior to the scheduled
date. Notification materials and methods used by the Contractor shall be subject to advance
approval by the City's Representative. The Contractor shall also supply, at the Contractor's
expense, garbage bags for Customer use as specified by the City, not to exceed one thousand
dollars ($1,000.00) annually.
(5) A daily report on a form acceptable to the City indicating the service performed and the
date completed shall be submitted to the City by the Contractor.
3.1.6 Residential Curbside and Alley Automobile Tire & Automobile Battery Collection Service
(1) The Contractor shall collect, convey and dispose of, automobile tires and automobile
batteries, at no additional charge, from each residential unit in accordance with all State and
Page 3 of 54
Federal disposal requirements. The Contractor may impose an additional charge, with prior
written approval of the City's Representative, if the following annual maximums are exceeded
by the residential customer: eight (8) automobile tires; two (2) automobile batteries. Reports
indicating addresses and total amounts collected are required to be prepared and maintained
by the Contractor and submitted to the City on a monthly basis.
(2) Collections shall occur on Friday of each week, upon notification from the City.
(3) A daily report on a form acceptable to the City indicating the service performed and the
date completed shall be submitted to the City by the Contractor.
3.1.7 Residential Curbside and Alley Garba.qe Can Replacement Service
(1) The Contractor's employees shall ensure that damage to garbage cans owned by
residential units is prevented by unnecessary rough treatment. The Contractor shall replace
any garbage can owned by the residential unit owner damaged by the Contractor, at
Contractor's expense, within two (2) normal business days of notification from the City to the
Contractor. If the damaged garbage can included wheels, the replacement garbage can shall
include wheels. The City's Representative shall make all final decisions regarding the
condition or replacement of garbage cans and the Contractor shall be bound by such decision.
(2) A daily report on a form acceptable to the City indicating the service performed and the
date completed shall be submitted to the City by the Contractor.
3.1.8 Residential Side-Door Collection Service
(1) The Contractor shall provide residential side-door collection, transportation and disposal
service, at no additional charge, for all disabled persons who are unable by reason of age or
infirmity to place solid waste, of whatever nature, wherever located, at regular locations. All
above referenced collections are included in this service. Pursuant to the Americans with
Disabilities Act (ADA), those residents of the City who present to the City a notarized certificate
from a licensed physician certifying that such person is disabled will be exempt from placing
their items curbside or alley. Disabled persons shall provide certification to the City annually
and the City will subsequently notify the Contractor. The Contractor shall collect items of such
disabled persons in any mutually convenient place on the premises of such disabled persons;
provided, however, that the Contractor will not be required to go into houses or other dwellings;
provided, further, however, that the decision of the City relative to the location of solid waste
shall be final.
(2) A daily report on a form acceptable to the City indicating the service performed and the
date completed shall be submitted to the City by the Contractor.
3.2 RESIDENTIAL CURBSIDE AND ALLEY RECYCLABLE MATERIAL SERVICES
3.2.1 Residential Curbside and Alley Recyclable Material Collection Service
(1) The Contractor shall collect, convey and dispose of, once per week, an unlimited
amount of recyclable material from each residential unit, at no additional charge.
(2) Collections shall occur each week as follows:
MONDAY Recyclable Material Collection Day
Residential Units located East United States Highway 17-92 and North of 20~ Street
TUESDAY Recyclable Material Collection Day
3.2.2
3.2.3
3.2.4
Residential Units located West of United States Highway 17-92 and North of 25~h Street
THURSDAY Recyclable Material Collection Day
Residential Units located East of United States Highway 17-92 and South of 20t~ Street
FRIDAY Recyclable Material Collection Day
Residential Units located West of United States Highway 17-92 and South of 25th Street
(3) A daily report on a form acceptable to the City indicating the service performed and the
date completed shall be submitted to the City by the Contractor.
Residential Curbside and Alley Recyclable Material to be Collected
The Contractor shall collect the following recyclable material at no additional charge:
newspapers (including inserts), magazines and catalogs, clear, green and brown glass bottles
and jars, plastic bottles (Number I - 7), aluminum and steel cans (including, but not limited to,
empty aerosol cans), and any other recyclable material as required by the City.
Residential Curbside and Alley Contaminated Recyclable Material
The Contractor shall not be required to collect recyclable material from residential units if the
customer does not segregate the recyclable material from solid waste or yard waste. If
recyclable material is contaminated through commingling with solid waste or yard waste, the
Contractor shall, if practicable as determined by the City, separate the solid waste or yard
waste from the recyclable material. The recyclable material shall then be collected by the
Contractor and the solid waste or yard waste shall be left in the recycling bin by the Contractor
along with a non-collection notice explaining why the solid waste or yard waste is not
considered a recydable material. However, in the event the recydab~e material and solid
waste or yard waste are commingled to the extent that they cannot easily be separated by the
Contractor, or the nature of the solid waste or yard waste renders the entire recycling bin
contaminated, the Contractor shall not collect the material. The Contractor shall immediately
affix to the recycling bin a non-collection notice fully explaining why collection was not made by
the Contractor. The Contractor shall not collect the recyclable material until the residential unit
segregates and cleans the recyclable material.
Residential Side-Door Recyclable Material Collection Service
(1) The Contractor shall provide residential side-door collection, transportation and disposal
service, at no additional charge, for all disabled persons who are unable by reason of age or
infirmity to place recyclable material, of whatever nature, wherever located, at regular
locations. Alt above referenced collections are included in this service. Pursuant to the
Americans with Disabilities Act (ADA), those residents of the City who present to the City a
notarized certificate from a licensed physician certifying that such person is disabled will be
exempt from placing their items curbside or alley. Disabled persons shall provide certification
to the City annually and the City will subsequently notify the Contractor. The Contractor shall
collect items of such disabled persons in any mutually convenient place on the premises of
such disabled persons; provided, however, that the Contractor will not be required to go into
houses or other dwellings; provided, further, however, that the decision of the City relative to
the location of recyclable material shall be final.
(2) A daily report on a form acceptable to the City indicating the service performed and the
date completed shall be submitted to the City by the Contractor.
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3.2.5 Residential Curbside and Alley Approved Recycling Bins
(1) The Contractor shall be responsible for the purchase, distribution and replacement of
recycling bins to all residential units. The Contractor shall deliver any recycling bins requested
by the City, within two (2) normal business days of notification to the Contractor from the City.
A daily report on a form acceptable to the City indicating the service performed and the date
completed shall be submitted to the City by the Contractor.
(A) Purchase and Distribution - The Contractor shall be required to purchase and distribute
new recycling bins to new and existing residential customers who do not have recycling bins.
The Contractor shall purchase and distribute recycling bins to all new residential units that are
added to the service area during the term of the Contract and include in the bin, the
information brochure on the collection schedule, rules and regulations that shall be subject to
approval by the City. All bins shall also be subject to approval by the City with regard to the
style, size, color, and design of the recycling bins before ordering.
(B) Replacement - The Contractor shall maintain sufficient recycling bins to ensure that
extra or replacement recycling bins as may be necessary will be promptly provided to
customers as required. The Contractor's employees shall ensure that damage to recycling bins
caused by unnecessary rough treatment is prevented. However, any recycling bin damaged
by the Contractor, or lost or stolen, shall be replaced by the Contractor, at the Contractor's
expense, within two (2) normal business days of notification to the Contractor from the City.
The damaged bin shall be picked up and disposed of in the appropriate manner by the
Contractor. The City's Representative shall make all final decisions regarding the condition or
replacement of recycling bins.
(C) Ownership - Ownership of recycling bins shall vest in the Contractor during the course
of this Contract; provided, however, that ownership of recycling bins in the possession of a
residential unit at the termination of this Contract shall vest in the City.
(D) Transportation of Recyclable Material - The Contractor shall convey the collected
recyclable material to the City approved Processing Center(s) in a two (2) stream Collection
Vehicle as follows: (1) a fiber stream consisting of newspapers, magazines and catalogs; and
(2) a commingled container stream consisting of plastic bottles (numbers 1 through 7), clear,
green and brown glass bottles and jars, aluminum and steel cans. Items may be added or
deleted as required by the City. The Contractor shall not combine recyclable material with
solid waste or yard waste.
3.3 RESIDENTIAL CURBSIDE AND ALLEY SERVICE RATES (INCLUSIVE OF ALL
RESIDENTIAL SERVICES AS INDICATED ABOVE)
SINGLE -FAMILY RESIDENCE: $13.75 PER MONTH, PER UNIT, INCLUSIVE
GROSS (NOT NET) / PAID TO FRANCHISEE: $12.05 PER MONTH, PER UNIT, INCLUSIVE
(Base from which fifteen percent (15%) franchise fee is calculated and collected).
MUTIPLE-FAMILY RESIDENCE: $13.00 PER MONTH, PER UNIT, INCLUSIVE
GROSS (NOT NET) / PAID TO FRANCHISEE: $10.49 PER MONTH, PER UNIT INCLUSIVE
(Base from which fifteen percent (15%) franchise fee is calculated and collected).
The Contractor shall pay the City a franchise fee of fifteen percent (15%) of the total billed.
The Contractor guarantees rates for the duration of this Contract.
3.4 RESIDENTIAL CURBSIDE AND ALLEY ADDITIONAL FEE SERVICE
3.4.1 Residential Curbside and Alley Additional Bulk WasteI Yard Waste & Junk Collection Service
(1) The Contractor shall collect, convey and dispose of, once per week, at an additional
charge, unlimited amounts of additional bulk waste, yard waste and junk from each residentia[
unit, generated at times other than the scheduled two (2) "Community Clean Up Day"
collections in April and October. The Contractor shall affix a non-collection notice to items not
in compliance with the City Code.
(2) Collections shall occur on Friday of each week, upon notification from the City.
(3) Residential additional bulk waste, yard waste and junk do not include items herein
defined as Contractor-Generated Waste or Exempt Waste.
(4) Costs will be determined by the amount of material to be collected. The Residential
Supervisor for the Contractor will estimate the yardage for collection. In the event of a dispute
in yardage, the City's Representative will make the final determination
(5) A daily report on a form acceptable to the City indicating the service performed and the
date completed shall be submitted to the City by the Contractor.
3.4.2 Residential Curbside and Alley Additional Bulk Waste, Yard Waste & Junk Rates
$3.75 PER CUBIC YARD WITH A FOUR (4) CUBIC YARD MINIMUM
GROSS (NOT NET) / PAID TO FRANCHISEE: $3.375 PER CUBIC YARD WITH A FOUR (4)
CUBIC YARD MINIMUM
(Base from which fifteen percent (15%) franchise fee is calculated and collected).
The Contractor shall pay the City a franchise fee of fifteen percent (15%) of the total billed.
The Contractor guarantees rates for the duration of this Contract.
3.5 RESIDENTIAL CURBSlDE AND ALLEY CART PROGRAM
3.5.1 Residential Curbside and Alley Semi-Automated and Fully Automated Cart Program
(1) The Contractor shall implement either a semi-automated, fully automated or
combination cart program for solid waste collection when and as directed to do so by the City.
The City may institute a pilot program for all or a part of the City in order to evaluate the
benefits of such a program and the desirability of expanding or continuing the program. The
City, before implementation of the program, shall have approval authority over the color, size
and type of cart. The Contractor is responsible for the purchase and distribution of the carts to
the designated service area. The Contractor shall use all reasonable efforts to implement the
designated cart program within one hundred-twenty (120) days after notification to do so by the
City. The Contractor shall be solely responsible to establish and implement a participation
plan to inform all customers in the designated service area of the change in solid waste
collection services. The City's Representative shall have approval authority over the plan
which approval may be made ninety (90) days prior to implementation of said plan. Collection
and disposal amounts, frequencies and scheduled days shall remain the same as previously
identified for rear load collection services.
(2) All carts shall remain the property of the Contractor. The Contractor shall be
responsible for repair or replacement of all carts due to normal wear and tear, defects, or
damage caused by the Contractor which repair or replacement shall occur within two (2)
Page 7 of 54
normal business days of notification to the Contractor from the City. The damaged carts shall
be picked up and disposed of in an appropriate manner by the Contractor. The Customer shall
pay for replacement or repair of any cart lost, stolen or damaged due to negligence or abuse.
The price of the replacement cart shall be the Contractor's actual cost at time of replacement.
The City's Representative shall make all final decisions regarding the condition or replacement
of carts.
(3) If this Contract is terminated, the carts shall become the property of the Contractor. In
the event the City decides to terminate any cart program, the Contractor agrees to implement
the rear Icad collection or other cart program within one hundred-twenty (120) days of
notification to do so by the City.
(4) The City will begin charging the appropriate rate for the cart program after full
implementation has been completed. Conversely, the City will begin charging the appropriate
rate for rear Icad collection after full implementation has been completed.
3.5.2 Residential Curbside and Alley Semi-Automated and Fully Automated Cart Pro,qram Rates
SINGLE -FAMILY RESIDENCE: $14.75 PER MONTH, PER UNIT, INCLUSIVE
GROSS (NOT NET) / PAID TO FRANCHISEE: $13.05 PER MONTH, PER UNIT, iNCLUSiVE
(Base from which fifteen percent (15%) franchise fee is calculated and collected).
MUTIPLE-FAMILY RESIDENCE: $14.00 PER MONTH, PER UNIT, INCLUSIVE
GROSS (NOT NET) / PAID TO FRANCHISEE: $11.49 PER MONTH, PER UNIT, INCLUSIVE
(Base from which fifteen percent (15%) franchise fee is calculated and collected).
The Contractor shall pay the City a franchise fee of fifteen percent (15%) of the total billed.
The Contractor guarantees rates for the duration of this Contract.
3.6 RESIDENTIAL CURBSIDE AND ALLEY NON-COLLECTION NOTICES
The Contractor shall supply and maintain sufficient amounts, at Contractor's expense, of non-
collection notices, of a form approved by the City, identifying why collection services were not
provided as required and shall affix such non-collection notices to all items not removed on
scheduled collection days. The City's Representative shall have approval authority over
notification materials.
3.7 RESIDENTIAL CURBSlDE AND ALLEY LOCATION OF COLLECTION
3.8
All residential curbside and alley collection, with the exception of side-door collection as
indicated above, shall be placed in City approved containers at locations that are readily
accessible to the Contractor and their equipment, normally not to exceed eight (8) feet from the
curb or edge of the traveled portion of an alley or street as authorized by the City. Any
variation shall be subject to written approval by the City's Representative thirty (30) days prior
to implementation by the Contractor.
RESIDENTIAL CURBSlDE AND ALLEY MANNER OF COLLECTION
The Contractor shall perform collection services with as little disturbance as reasonably
possible and without obstructing roadways, driveways, sidewalks or mailboxes or other public
facilities. The Contractor shall handle garbage cans, recycling bins and carts with reasonable
care, shall empty them thoroughly, and leave them in the same position and condition in which
they where found. The Contractor shall collect and remedy any spillage immediately.
3.9 RESIDENTIAL CURBSIDE AND ALLEY HOURS OF COLLECTION
All residential collection, transportation and disposal shall occur on Monday through Friday
between the hours of 7:00 A.M. and 7:00 P.M., inclusive. Any variation, with the exception of
the four (4) scheduled Saturday collections for "Community Clean Up Day" in April and
October of each year, shall require written approval by the City's Representative thirty (30)
days prior to implementation by the Contractor. The Contractor shall maintain and keep up-to-
date all records and files as necessary as required by the City to document the collection
service.
3.10 RESIDENTIAL CURBSlDE AND ALLEY HOLIDAY COLLECTION
Residential curbside and alley collection shall not occur on Thanksgiving Day, Christmas Day,
New Years Day and any other day on which all City approved Florida Department of
Environmental Protection permitted solid waste disposal facilities are closed. Collections that
would normally occur on these holidays shall be re-scheduled to occur on the next regularly
scheduled collection day. The Contractor, at Contractor's expense, shall notify the affected
customers by publication of notice in The Orlando Sentine/ and/or The Semino/e Hera/d, as
prescribed by the City, at least ten (10) days before the holiday on which collection will not be
made. All notices shall be subject to approval by the City's Representative in advance of
publication. Any change to the Holiday collection service schedule shall be subject to written
approval by the City's Representative thirty (30) days prior to implementation by the
Contractor.
3.11 RESIDENTIAL CURBSlDE AND ALLEY BILLING AND PAYMENT
The City will perform a~ residentia~ curbside and alley bil~ing and collection, and in no event
shall customers be liable to the Contractor for any payments in connection to the services
provided by the Contractor hereunder.
On or before the 20th day of each month the City shall remit to the Contractor the revenues
billed in the previous month for all residential curbside and alley services provided by the
Contractor pursuant to the Technical Specifications. The City will retain from such remittance
a franchise fee of fifteen percent (15%) of the gross amount billed in accordance with the table
set forth in Section 10.9.
SECTION 4: COMMERCIAL CURBSlDE AND ALLEY SERVICES PROVIDED BY THE
CONTRACTOR
The Contractor shall provide the following commercial curbside and alley collection services within
the corporate limits of the City. Levels of service as set forth in this Franchise Agreement shall be
deemed the minimum acceptable level of service. Nothing herein prohibits the Contractor from
providing service at a level higher than the standards set forth within this Agreement.
4.1 COMMERCIAL CURBSlDE AND ALLEY SOLID WASTE; YARD WASTE; AUTOMOBILE
TIRE & AUTOMOBILE BATTERY; GARBAGE CAN REPLACEMENT AND SIDE-DOOR
SERVICES
4.1.1 Commercial Curbside and Alley Solid Waste Collection Service
(1) The Contractor shall collect, convey and dispose of, twice per week, an unlimited
amount of solid waste from each commercial unit, at no additional charge.
4.1.2
4.1.3
4.1.4
4.1.5
(2) Collections shall occur on Monday/Thursday for all commercial units located East of
United States Highway 17-92 and Tuesday/Friday for ali commercial units located West of
United States Highway 17-92.
(3) A daily report on a form acceptable to the City indicating the service performed and the
date completed shall be submitted to the City by the Contractor.
Commercial Curbside and Alley Yard Waste Collection Service
(1) The Contractor shall collect, convey and dispose of, once per week, an unlimited
amount of yard waste from each commercial unit, at no additional charge.
(2) Collections shall occur on Wednesday of each week.
(3) Commercial yard waste does not include items herein defined as Contractor-Generated
Waste or Exempt Waste.
(4) A daily report on a form acceptable to the City indicating the service performed and the
date completed shall be submitted to the City by the Contractor.
Commercial Curbside and Alley Automobile Tire & Automobile Battery Collection Service
(1) The Contractor shall collect, convey and dispose of, automobile tires and automobile
batteries, at no additional charge, from each commercial unit in accordance with all State and
Federal disposal requirements. The Contractor may impose an additional charge, with prior
written approval of the City's Representative, if the following annual maximums are exceeded
by the commercial customer: eight (8) automobile tires; two (2) automobile batteries. Reports
indicating addresses and total amounts collected are required to be prepared and maintained
by the Contractor and shall be submitted to the City on a monthly basis.
(2) Collections shall occur on Friday of each week, upon notification from the City.
(3) A daily report on a form acceptable to the City indicating the service performed and the
date completed shall be submitted to the City by the Contractor.
Commercial Curbside and Alley GarbaRe Can Replacement Service
(1) The Contractor's employees shall ensure that damage to garbage cans owned by
commercial units is prevented by unnecessary rough treatment. The Contractor shall replace
any garbage can owned by the commercial unit owner damaged by the Contractor, at
Contractor's expense, within two (2) normal business days of notification from the City to the
Contractor. If the damaged garbage can included wheels, the replacement garbage can shall
include wheels. The City's Representative shall make all final decisions regarding the
condition or replacement of garbage cans and the Contractor shall be bound by such decision.
(2) A daily report on a form acceptable to the City indicating the service performed and the
date completed shall be submitted to the City by the Contractor.
Commercial Side-Door Collection Service
(1) The Contractor shall provide commercial side-door collection, transportation and
disposal service, at no additional charge, for all disabled persons who are unable by reason of
age or infirmity to place solid waste, of whatever nature, wherever located, at regular locations.
All above referenced collections are included in this service. Pursuant to the Americans with
Disabilities Act (ADA), those persons of the City who present to the City a notarized certificate
from a licensed physician certifying that such person is disabled will be exempt from placing
Page 10 of 54
their items curbside or alley. Disabled persons shall provide certification to the City annually
and the City will subsequently notify the Contractor. The Contractor shall collect items of such
disabled persons in any mutually convenient place on the premises of such disabled persons;
provided, however, that the Contractor will not be required to go into houses or other dwellings;
provided, further, however, that the decision of the City relative to the location of solid waste
shall be final.
(2) A daily report on a form acceptable to the City indicating the service performed and the
date completed shall be submitted to the City by the Contractor.
4.2 COMMERCIAL CURBSIDE AND ALLEY RECYCLABLE MATERIAL SERVICES
4.2.1 Commercial Curbside and Alley Recyclable Material Collection Service
(1) The Contractor shall collect, convey and dispose of, once per week, an unlimited
amount of recyclable material from each commercial unit, at no additional charge.
(2) Collections shall occur each week as follows:
MONDAY Recyclable Material Collection Day
Commercial Units located East of United States Highway 17-92 and North of 20~hStreet
TUESDAY Recyclable Material Collection Day
Commercial Units located West of United States Highway 17-92 and North of 25th Street
THURSDAY Recyclable Material Collection Day
Commercial Units located East of United States Highway 17-92 and South of 20~ Street
FRIDAY Recyclable Material Collection Day
Commercial Units located West of United States Highway 17-92 and South of 25th Street
(3) A daily report on a form acceptable to the City indicating the service performed and the
date completed shall be submitted to the City by the Contractor.
4.2.2 Commercial Curbside and Alley Recyclable Material to be Collected
The Contractor shall collect the following recyclable material at no additional charge:
newspapers (including inserts), magazines and catalogs, clear, green and brown glass bottles
and jars, plastic bottles (Number 1 - 7), aluminum and steel cans (including, but not limited to,
empty aerosol cans), and any other recyclable material as required by the City.
4.2.3 Commercial Curbside and Alley Contaminated Recyclable Material
The Contractor shall not be required to collect recyclable material from commercial units if the
customer does not segregate the recyclable material from solid waste or yard waste. If
recyclable material is contaminated through commingling with solid waste or yard waste, the
Contractor shall, if practicable as determined by the City, separate the solid waste or yard
waste from the recyclable material. The recyclable material shall then be collected by the
Contractor and the solid waste or yard waste shall be left in the recycling bin by the Contractor
along with a non-collection notice explaining why the solid waste or yard waste is not
considered a recyclable material. However, in the event the recyclable material and solid
waste or yard waste are commingled to the extent that they cannot easily be separated by the
Contractor, or the nature of the solid waste or yard waste renders the entire recycling bin
Page 11 of 54
4.2.4
4.2.5
contaminated, the Contractor shall not collect the material. The Contractor shall immediately
affix to the recycling bin a non-collection notice fully explaining why collection was not made by
the Contractor. The Contractor shall not collect the recyclable material until the commercial
unit segregates and cleans the recyclable material.
Commercial Side-Door Recyclable Material Collection Service
(1) The Contractor shall provide commercial side-door collection, transportation and
disposal service, at no additional charge, for all disabled persons who are unable by reason of
age or infirmity to place recyclable material, of whatever nature, wherever located, at regular
locations. All above referenced collections are included in this service. Pursuant to the
Americans with Disabilities Act (ADA), those residents of the City who present to the City a
notarized certificate from a licensed physician certifying that such person is disabled will be
exempt from placing their items curbside or alley. Disabled persons shall provide certification
to the City annually and the City will subsequently notify the Contractor. The Contractor shall
collect items of such disabled persons in any mutually convenient place on the premises of
such disabled persons; provided, however, that the Contractor will not be required to go into
houses or other dwellings; provided, further, however, that the decision of the City relative to
the location of recyclable material shall be final.
(2) A daily report on a form acceptable to the City indicating the service performed and the
date completed shall be submitted to the City by the Contractor.
Commercial Curbside and Alley Approved Recyclin,q Bins
(1) The Contractor shall be responsible for the purchase, distribution and replacement of
recycling bins to all commercial units. The Contractor shall deliver any recycling bins
requested by the City, within two (2) normal business days of notification to the Contractor
from the City. A daily report on a form acceptable to the City indicating the service performed
and the date completed shall be submitted to the City by the Contractor.
(A) Purchase and Distribution - The Contractor shall be required to purchase and distribute
new recycling bins to new and existing commercial customers who do not have recycling bins.
The Contractor shall purchase and distribute recycling bins to all new commercial units that are
added to the service area during the term of the Contract and include in the bin, the
information brochure on the collection schedule, rules and regulations that shall be subject to
approval by the City. All bins shall also be subject to approval by the City with regard to the
style, size, color, and design of the recycling bins before ordering.
(B) Replacement - The Contractor shall maintain sufficient recycling bins to ensure that
extra or replacement recycling bins as may be necessary will be promptly provided to
customers as required. The Contractor's employees shall ensure that damage to recycling bins
caused by unnecessary rough treatment is prevented. However, any recycling bin damaged
by the Contractor, or lost or stolen, shall be replaced by the Contractor, at the Contractor's
expense, within two (2) normal business days of notification to the Contractor from the City.
The damaged bin shall be picked up and disposed of in the appropriate manner by the
Contractor. The City's Representative shall make all final decisions regarding the condition or
replacement of recycling bins.
(C) Ownership - Ownership of recycling bins shall vest in the Contractor during the course
of this Contract; provided, however, that ownership of recycling bins in the possession of a
commercial unit at the termination of this Contract shall vest in the City.
4.3
(D) Transportation of Recyclable Material - The Contractor shall convey the collected
recyclable material to the City approved Processing Center (s) in a two (2) stream Collection
Vehicle as follows: (1) a fiber stream consisting of newspapers, magazines and catalogs; and
(2) a commingled container stream consisting of plastic bottles (numbers 1 through 7), clear,
green and brown glass bottles and jars, aluminum and steel cans. Items may be added or
deleted as required by the City. The Contractor shall not combine recyclable material with
solid waste or yard waste.
COMMERCIAL CURBSIDE AND ALLEY SERVICE RATES (INCLUSIVE OF ALL
COMMERCIAL SERVICES AS INDICATED ABOVE)
COMMERCIAL UNIT: $14.00 PER MONTH, PER UNIT, INCLUSIVE
GROSS (NOT NET) / PAID TO FRANCHISEE: $12.05 PER MONTH, PER UNIT, INCLUSIVE
(Base from which fifteen percent (15%) franchise fee is calculated and collected).
The Contractor shall pay the City a franchise fee of fifteen percent (15%) of the total billed.
The Contractor guarantees rates for the duration of this Contract.
4.4 COMMERCIAL CURBSIDE AND ALLEY ADDITIONAL FEE SERVICE
4.4.1 Commercial Curbside and Alley Additional Bulk Waste, Yard Waste & Junk Collection Service
(1) The Contractor shall collect, convey and dispose of, once per week, at an additional
charge, unlimited amounts of additional bulk waste, yard waste and junk from each commercial
unit. The Contractor shall affix a non-collection notice to items not in compliance with the City
Code.
(2) Collections shall occur on Friday of each week, upon notification from the City.
(3) Commercial additional bulk waste, yard waste and junk do not include items herein
defined as Contractor-Generated Waste or Exempt Waste.
(4) Costs will be determined by the amount of material to be collected. The Residential
Supervisor for the Contractor will estimate the yardage for collection. In the event of a dispute
in cost, the City's Representative will make the final determination.
(5) A daily report on a form acceptable to the City indicating the service performed and the
date completed shall be submitted to the City by the Contractor.
4.4.2 Commercial Curbside and Alley Additional Bulk Waste, Yard Waste & Junk Rates
$3.75 PER CUBIC YARD WITH A FOUR (4) CUBIC YARD MINIMUM
GROSS (NOT NET) / PAID TO FRANCHISEE: $3.375 PER CUBIC YARD WITH A FOUR (4)
CUBIC YARD MINIMUM
(Base from which fifteen percent (15%) franchise fee is calculated and collected).
The Contractor shall pay the City a franchise fee of fifteen percent (15%) of the total billed.
The Contractor guarantees rates for the duration of this Contract.
4.5 COMMERCIAL CURBSIDE AND ALLEY CART PROGRAM
4.5.1 Commercial Curbside and Alley Semi-Automated and Fully Automated Cart Pro,qram
4.5.2
4.6
(1) The Contractor shall implement either a semi-automated, fully automated or
combination cad program for solid waste collection when and as directed to do so by the City.
The City may institute a pilot program for all or a pad of the City in order to evaluate the
benefits of such a program and the desirability of expanding or continuing the program. The
City, before implementation of the program, shall have approval authority over the color, size
and type of cad. The Contractor is responsible for the purchase and distribution of the carts to
the designated service area. The Contractor shall use all reasonable efforts to implement the
designated cad program within one hundred-twenty (120) days after notification to do so by the
City. The Contractor shall be solely responsible to establish and implement a participation
plan to inform all customers in the designated service area of the change in solid waste
collection services. The City's Representative shall have approval authority over the plan
which approval may be made ninety (90) days prior to implementation of said plan. Collection
and disposal amounts, frequencies and scheduled days shall remain the same as previously
identified for rear ~oad collection services.
(2) All cads shall remain the property of the Contractor. The Contractor shall be
responsible for repair or replacement of all carts due to normal wear and tear, defects, or
damage caused by the Contractor which repair or replacement shall occur within two (2)
normal business days of notification to the Contractor from the City. The damaged cads shall
be picked up and disposed of in an appropriate manner by the Contractor. The Customer shall
pay for replacement or repair of any cad lost, stolen or damaged due to negligence or abuse.
The price of the replacement cad shall be the Contractor's actual cost at time of replacement.
The City's Representative shall make all final decisions regarding the condition or replacement
of cads.
(3) If this Contract is terminated, the cads shall become the property of the Contractor. In
the event the City decides to terminate any cad program, the Contractor agrees to implement
the rear load collection or other cad program within one hundred-twenty (120) days of
notification to do so by the City.
(4) The City will begin charging the appropriate rate for the cad program after full
implementation has been completed. Conversely, the City will begin charging the appropriate
rate for rear load collection after full implementation has been completed.
Commercial Curbside and Alley Semi-Automated or Fully Automated Cart Program Rates
COMMERCIAL UNIT: $'15.00 PER MONTH, PER UNIT, INCLUSIVE
GROSS (NOT NET) / PAID TO FRANCHISEE: $13.05 PER MONTH, PER UNIT, INCLUSIVE
(Base from which fifteen percent (15%) franchise fee is calculated and collected).
The Contractor shall pay the City a franchise fee of fifteen percent (15%) of the total billed.
The Contractor guarantees rates for the duration of this Contract.
COMMERCIAL CURBSlDE AND ALLEY NON-COLLECTION NOTICES
The Contractor shall supply and maintain sufficient amounts, at Contractor's expense, of non-
collection notices, of a form approved by the City, identifying why collection services were not
provided as required and shall affix such non-collection notices to all items not removed on
scheduled collection days. The City's Representative shall have approval authority over
notification materials.
Paee 14 0f54
4.7 COMMERCIAL CURBSIDE AND ALLEY LOCATION OF COLLECTION
All commercial curbside and alley collection, with the exception of side-door collection as
indicated above, shall be placed in City approved containers at locations that are readily
accessible to the Contractor and their equipment, normally not to exceed eight (8) feet from the
curb or edge of the traveled portion of an alley or street as authorized by the City. Any
variation shall be subject to written approval by the City's Representative thirty (30) days prior
to implementation by the Contractor.
4.8 COMMERCIAL CURBSlDE AND ALLEY MANNER OF COLLECTION
The Contractor shall perform collection services with as little disturbance as reasonably
possible and without obstructing roadways, driveways, sidewalks or mailboxes or other public
facilities. The Contractor shall handle garbage cans, recycling bins and carts with reasonable
care, shall empty them thoroughly, and leave them in the same position and condition in which
they where found. The Contractor shall collect and remedy any spillage immediately.
4.9 COMMERCIAL CURBSlDE AND ALLEY HOURS OF COLLECTION
All commercial collection, transportation and disposal shall occur on Monday through Friday
between the hours of 7:00 A.M. and 7:00 P.M., inclusive. Any variation, shall require written
approval by the City's Representative thirty (30) days prior to implementation by the
Contractor. The Contractor shall maintain and keep up-to-date all records and files as
necessary as required by the City to document the collection service.
4.10 COMMERCIAL CURBSIDE AND ALLEY HOLIDAY COLLECTION
Commercial curbside and alley collection shall not occur on Thanksgiving Day, Christmas Day,
New Years Day and any other day on which all City approved Florida Department of
Environmental Protection permitted solid waste disposal facilities are closed. Collections that
would normally occur on these holidays shall be re-scheduled to occur on the next regularly
scheduled collection day. The Contractor, at Contractor's expense, shall notify the affected
customers by publication of notice in The Orlando Sentinel and/or The Seminole Herald, as
prescribed by the City, at ~east ten (10) days before the holiday on which collection will not be
made. All notices shall be subject to approval by the City's Representative in advance of
publication. Any change to the Holiday collection service schedule shall be subject to written
approval by the City's Representative thirty (30) days prior to implementation by the
Contractor.
4.11 COMMERCIAL CURBSIDE AND ALLEY SERVICE BILLING AND PAYMENT
The City will perform all commercial curbside and alley billing and collection, and in no event
shall customers be liable to the Contractor for any payments in connection to the services
provided by the Contractor hereunder.
On or before the 20th day of each month the City shall remit to the Contractor the revenues
billed in the previous month for all commercial curbside and alley services provided by the
Contractor pursuant to the Technical Specifications. The City will retain from such remittance
a franchise fee of fifteen percent (15%) of the gross amount billed in accordance with the table
set forth in Section 10.9.
SECTION 5: COMMERCIAL FRONT-LOAD AND FRONT- LOAD COMPACTOR
CONTAINER SERVICES PROVIDED BY THE CONTRACTOR
The Contractor shall provide the following commercial front-load collection services within the
corporate limits of the City, Levels of service as set forth in this Franchise Agreement shall be
deemed the minimum acceptable level of service. Nothing herein prohibits the Contractor from
providing service at a level higher than the standards set forth within this Agreement.
Commercial Units shall include multiple-family units utilizing front-load or front-load compactor
containers.
5.1 COMMERCIAL FRONT-LOAD CONTAINER SOLID WASTE AND YARD WASTE SERVICES
5.1.1 Commercial Front-Load Container Solid Waste and Yard Waste Collection Service
5.1.2
(1) The Contractor shall collect, convey and dispose of, at least once per week, all solid
waste or yard waste deposited in front-load containers from each commercial unit, at no
additional charge. The size and quantity of front-load containers shall be determined by the
Customer and the City.
(2) Days for collection service shall be determined by Customer requests to the City, the
Contractor and the City. The Customer and the City shall determine frequency of collection.
(3) The Contractor shall collect yard waste separately from other types of solid waste.
(4) A daily report on a form acceptable to the City indicating the service performed and the
date completed shall be submitted to the City by the Contractor.
Commercial Front-Load Container Solid Waste and Yard Waste Service Rates
5.2
5.2.1
COMMERCIAL UNIT: $3.50 PER CUBIC YARD, PER MONTH
GROSS (NOT NET) / PAID TO FRANCHISEE: $,3.07 PER CUBIC YARD, PER MONTH
(Base from which fifteen percent (15%) franchise fee is calculated and collected).
Monthly inclusive rates are determined by calculating the quantity of containers by the
container cubic yard; multiplied by frequency per week; multiplied by four (4) weeks per month,
and then multiplied by the price per cubic yard. For example, two (2) four (4) cubic yard front-
load solid waste or yard waste containers being serviced three (3) times per week:
2 (quantity) x 4 (cubic yards) = 8 (cubic yards per collection) x 3 (frequency of collection per
week) = 24 (total cubic yards collected per week) x 4 (weeks per month) = 96 (total cubic yards
collected per month) x $3.50 (price per cubic yard) = $336.00 total per month.
The Contractor shall pay the City a franchise fee of fifteen percent (15%) of the total billed.
The Contractor guarantees rates for the duration of this Contract,
COMMERCIAL FRONT- LOAD CONTAINER SOLID WASTE AND YARD WASTE
ADDITIONAL FEE SERVICES
Commercial Front-Load Container Solid Waste or Yard Waste Extra Pickup Collection Service
(1) The Contractor shall collect, convey and dispose of, at an additional charge, solid waste
or yard waste deposited in front-load containers from each commercial unit requesting an extra
pickup on their container.
(2) The City shall notify the Contractor of the extra pickup front-load collection service
required. Extra pickup front-load collection service notification received before 12:00 noon
shall be completed before 7:00 PM. on the same day; extra pickup front-load collection
Page 16 of 54
5.2.2
service notification received after 12:00 noon shall be completed before 9:00 A.M. on the
following normal business day (including Saturday).
(3) The Contractor shall collect yard waste separately from other types of solid waste.
(4) A daily report on a form acceptable to the City indicating the service performed and the
date completed shall be submitted to the City by the Contractor.
Commercial Front-Load Container Solid Waste or Yard Waste Extra Pickup Rates
COMMERCIAL UNIT: $3.50 PER CUBIC YARD
GROSS (NOT NET) / PAID TO FRANCHISEE: $3.07 PER CUBIC YARD
(Base from which fifteen percent (15%) franchise fee is calculated and collected).
Extra pickup rates are determined by calculating the quantity of containers by the container
cubic yard, and then multiplied by the price per cubic yard. For example, one (1) six (6) cubic
yard front-load solid waste or yard waste container requires an extra pickup:
I (quantity) x 6 (cubic yards) = 6 (total cubic yards to be collected) x $3.50 (price per cubic
yard) -- $21.00 total for extra pickup.
The Contractor shall pay the City a franchise fee of fifteen percent (15%) of the total billed.
The Contractor guarantees rates for the duration of this Contract.
5.2.3 Commercial Front-Load Container Curbside Additional Bulk Waste, Yard Waste & Junk
Collection Service
(1) The Contractor shall collect, convey and dispose of, once per week, at an additional
charge, unlimited amounts of additional bulk waste, yard waste and junk from each commercial
unit. The Contractor shall affix a non-collection notice to items not in compliance with the City
Code.
(2) Collections shall occur on Friday of each week, upon notification from the City.
(3) Commercial additional bulk waste, yard waste and junk do not include items herein
defined as Contractor-Generated Waste or Exempt Waste.
(4) Costs will be determined by the amount of material to be collected. The Residential
Supervisor for the Contractor will estimate the yardage for collection. In the event of a dispute
in cost, the City's Representative will make the final determination.
(5) A daily report on a form acceptable to the City indicating the service performed and the
date completed shall be submitted to the City by the Contractor.
5.2.4 Commercial Front-Load Container Curbside Additional Bulk Waste, Yard Waste & Junk Rates
5.3
$3.75 PER CUBIC YARD WITH A FOUR (4) CUBIC YARD MINIMUM
GROSS (NOT NET) / PAID TO FRANCHISEE: $3.375 PER CUBIC YARD WITH A FOUR (4)
CUBIC YARD MINIMUM
(Base from which fifteen percent (15%) franchise fee is calculated and collected).
The Contractor shall pay the City a franchise fee of fifteen percent (15%) of the total billed.
The Contractor guarantees rates for the duration of this Contract.
COMMERCIAL FRONT-LOAD CONTAINER RECYCLABLE MATERIAL SERVICES
5.3.1 Commercial Front-Load Container Rec¥clable Material Collection Service
(1) The Contractor shall collect, convey and dispose of, at least once per week, all
recyclable material deposited in front-load containers from each commercial unit, at no
additional charge. The size and quantity of front-load containers shall be determined by the
Customer and the City.
(2) Days for collection service shall be determined by Customer requests to the City, the
Contractor and the City. The Customer and the City shall determine frequency of collection.
(3) The Contractor shall not combine recyclable material with solid waste or yard waste.
(4) A daily report on a form acceptable to the City indicating the service performed and the
date completed shall be submitted to the City by the Contractor.
5.3.2 Commercial Front-Load Container Recyclable Material to be Collected
The Contractor shall collect the following recyclable material at no additional charge:
cardboard, newspapers (including, but not limited to, inserts), magazines and catalogs, clear,
green and brown glass bottles and jars, plastic bottles (Numbers 1 - 7), aluminum and steel
cans (including, but not limited to, empty aerosol cans), and any other recyclable material as
required by the City.
5.3.3 Commercial Front-Load Container Recyclable Material Rates
COMMERCIAL UNIT: $2.50 PER CUBIC YARD, PER MONTH
GROSS (NOT NET) / PAID TO FRANCHISEE: $2.50 PER CUBIC YARD, PER MONTH
(Base from which fifteen percent (15%) franchise fee is calculated and collected).
Monthly inclusive rates are determined by calculating the quantity of containers by the
container cubic yard; multiplied by frequency per week; multiplied by four (4) weeks per month,
and then multiplied by the price per cubic yard. For example, three (3) eight (8) cubic yard
front-load recyclable material containers being serviced two (2) times per week:
3 (quantity) x 8 (cubic yards) = 24 (cubic yards per collection) x 2 (frequency of collection per
week) = 48 (total cubic yards collected per week) x 4 (weeks per month) = 192 (total cubic
yards collected per month) x $2.50 (price per cubic yard) = $480.00 total per month.
The Contractor shall pay the City a franchise fee of fifteen percent (15%) of the total billed.
The Contractor guarantees rates for the duration of this Contract.
5.4 COMMERCIAL FRONT- LOAD CONTAINER RECYCLABLE MATERIAL ADDITIONAL FEE
SERVICE
5.4.1 Commercial Front-Load Container Recyclable Material Extra Pickup Collection Service
(1) The Contractor shall collect, convey and dispose of, at an additional charge, recyclable
materials deposited in front-load containers from each commercial unit requesting an extra
pickup on their container.
(2) The City shall notify the Contractor of the extra pickup front-load collection service
required. Extra pickup front-load collection service notification received before 12:00 noon on
a recyclable material collection day shall be completed before 7:00 P.M. on the same day;
extra pickup front-load collection service notification received after 12:00 noon on a recyclable
Page 18 of 54
material collection day or on a non-recyclable material collection day shall be completed before
9:00 A.M. on the next recydable material collection day.
('3) The Contractor sha~l not combine recydable material with so~id waste or yard waste.
(4) A daily report on a form acceptable to the City indicating the service performed and the
date completed shall be submitted to the City by the Contractor.
5.4.2 Commercial Front-Load Container Recydable Material Extra Pickup Rates
COMMERCIAL UNIT: $2.50 PER CUBIC YARD
GROSS (NOT NET) / PAID TO FRANCHISEE: $2,50
(Base from which fifteen percent (15%) franchise fee is calculated and collected).
Extra pickup rates are determined by calculating the quantity of containers by the container
cubic yard, and then multiplied by the price per cubic yard. For example, two (2) six (6) cubic
yard front-load recyclable material containers require extra pickups:
2 (quantity) x 6 (cubic yards) = 12 (total cubic yards to be collected) x $2.50 (price per cubic
yard) = $30.00 total for extra pickup.
The Contractor shall pay the City a franchise fee of fifteen percent (15%) of the total billed.
The Contractor guarantees rates for the duration of this Contract.
5.5 COMMERCIAL FRONT-LOAD COMPACTOR CONTAINER SOLID WASTE SERVICE
5.5.1 Commercial Front-Load Compactor Container Solid Waste Collection Service
5.5.2
(1) The Contractor shall collect, convey and dispose of, at least once per week, all solid
waste deposited in front-toad compactor containers from each commercial unit, at no additional
charge. The size and quantity of front-load compactor containers shall be agreed between the
Customer, the Contractor and the City.
(2) Days for collection service shall be determined by Customer requests to the City, the
Contractor and the City. The Customer and the City shall determine frequency of collection.
(3) The Contractor shall collect yard waste separately from other types of solid waste.
(4) A daily report on a form acceptable to the City indicating the service performed and the
date completed shall be submitted to the City by the Contractor.
Commercial Front-Load Compactor Container So~id Waste Service Rates
COMMERCIAL UNIT: $3.50 PER CUBIC YARD, PER MONTH
GROSS (NOT NET) / PAID TO FRANCHISEE: $3.07 PER CUBIC YARD, PER MONTH
(Base from which fifteen percent (15%) franchise fee is calculated and collected).
Front-load compacted solid waste is estimated at a three (3) to one (1) ratio. Monthly inclusive
rates are determined by calculating the quantity of containers by the container cubic yard;
multiplied by estimated compaction ratio of three (3); multiplied by frequency per week;
multiplied by four (4) weeks per month, and then multiplied by the price per cubic yard. For
example, one (1) eight (8) cubic yard front-load compactor solid waste container being
serviced five (5) times per week:
1 (quantity) x 8 (cubic yards) = 8 (cubic yards per collection) x 3 (estimated compaction ratio) =
24 (total compacted cubic yards per collection) x 5 (frequency of collection per week) = 120
(total compacted cubic yards collected per week) x 4 (weeks per month) = 480 (total
compacted cubic yards collected per month) x $3.50 (price per cubic yard) = $1,680.00 total
per month.
Refurbishing fees shall be agreed between the Customer, Contactor and the City.
The Contractor shall pay the City a franchise fee of fifteen percent (15%) of the total billed.
The Contractor guarantees rates for the duration of this Contract.
5.6 COMMERCIAL FRONT-LOAD COMPACTOR CONTAINER ADDITIONAL FEE SERVICES
5.6.1 Commercial Front_Load Compactor Container Solid Waste Extra Pickup Collection Service
(1) The Contractor shall collect, convey and dispose of, at an additional charge, solid
wastes deposited in frontqoad compactor containers from each commercial unit requesting an
extra pickup on their container.
(2) The City shall notify the Contractor of the extra pickup front-load compactor collection
service required. Extra pickup front-load compactor collection service notification received
before 12:00 noon shall be completed before 7:00 P.M. on the same day; extra pickup front-
Icad compactor collection service notification received after 12:00 noon shall be completed
before 9:00 A.M. on the following normal business day (including Saturday).
(3) The Contractor shall collect yard waste separately from other types of solid waste.
(4) A daily report on a form acceptable to the City indicating the service performed and the
date completed sha~ be submitted to the City by the Contractor~
5.6.2 Commercial Front-load Compactor Container Solid Waste Extra Pickup Rates
5.6.3
COMMERCIAL UNIT: $3.50 PER CUBIC YARD
GROSS (NOT NET) / PAID TO FRANCHISEE: $3.07 PER CUBIC YARD
(Base from which fifteen percent (15%) franchise fee is calculated and collected).
Front-load compacted solid waste is estimated at a three (3) to one (1) ratio. Extra pickup rates
are determined by calculating the quantity of containers by the container cubic yard; multiplied
by the estimated ratio of three (3) and then multiplied by the price per cubic yard. For
example, two (2) six (6) cubic yard front-load compactor containers require extra pickups:
2 (quantity) x 6 (cubic yards) = 12 (cubic yards to be collected) x 3 (estimated compaction
ratio) = 36 (total compacted cubic yards to be collected) x $3.50 (price per cubic yard) --
$126.00 total for extra pickup.
The Contractor shall pay the City a franchise fee of fifteen percent (15%) of the total billed.
The Contractor guarantees rates for the duration of this Contract.
Commercial Front-load Compactor Container Curbside Additional Bulk Waste, Yard Waste &
Junk Collection Service
(1) The Contractor shall collect, convey and dispose of, once per week, at an additional
charge, unlimited amounts of additional bulk waste, yard waste and junk from each commercial
Page 20 of 54
5.6.4
5.7
unit. The Contractor shall affix a non-collection notice to items not in compliance with the City
Code.
(2) Collections shall occur on Friday of each week, upon notification from the City.
(3) Commercial additional bulk waste, yard waste and junk do not include items herein
defined as Contractor-Generated Waste or Exempt Waste.
(4) Costs will be determined by the amount of material to be collected. The Residential
Supervisor for the Contractor will estimate the yardage for collection. In the event of a dispute
in cost, the City's Representative will make the final determination.
(5) A daily report on a form acceptable to the City indicating the service performed and the
date completed shall be submitted to the City by the Contractor.
Commercial Front-Load Compactor Curbside Additional Bulk Waste, Yard Waste & Junk Rates
$3.75 PER CUBIC YARD WITH A FOUR (4) CUBIC YARD MINIMUM
GROSS (NOT NET) / PAID TO FRANCHISEE: $3.375 PER CUBIC YARD WITH A FOUR (4)
CUBIC YARD MINIMUM
(Base from which fifteen percent (15%) franchise fee is calculated and collected).
The Contractor shall pay the City a franchise fee of fifteen percent (15%) of the total billed.
The Contractor guarantees rates for the duration of this Contract.
COMMERClAL FRONT-LOAD AND FRONT-LOAD COMPACTOR APPROVED
CONTAINERS
(1) The Contractor shall be responsible for the purchase; distribution and replacement of all
front-load and front-load compactor containers to commercial units at no additional charge.
Customers may purchase their own front-load compactor; however, all equipment regulations
as set forth in this Franchise Agreement shall apply. Any front-load container requests by the
City for deliveries, increases, decreases or container swap outs shall be completed by the
Contractor within two (2) normal business days of notification from the City. Front-load
compactor containers may be afforded additional time by the City. A daily report on a form
acceptable to the City indicating the service performed and the date completed shall be
submitted to the City by the Contractor.
(A) Purchase and Distribution - The Contractor shall purchase and
distribute new front4oad and front4oad compactor containers to new and existing commercia~
customers. Amounts and types of solid waste or recyclable material placed in containers for
collection shall be stored only in standard manufactured-type mechanically serviced
containers, compatible with the Contractor's servicing equipment and subject to government
regulation, and approval by the City as to color. Containers must be in good condition and are
subject to the City's approval. Containers shall be uniform in color (unless otherwise approved
by the City), shall have the Contractor's name and telephone number prominently displayed on
the front of the container, shall have markings to identify unit or suite numbers if requested by
the City, and shall be cleaned and painted frequently as may be directed by the City.
Containers used for recyclable material shall be clearly labeled for identification, education and
enforcement purposes. The Contractor shall not utilize said containers to market or display
advertising for other businesses, goods, services, etc., with the exception of public service
messages as may be approved by the City in writing.
(B) Replacement - The Contractor shall maintain sufficient front-load containers to ensure
that new, extra or replacement front-load containers can be promptly provided to customers as
required. All final decisions regarding the condition or replacement of front-load containers
shall be made by the City's Representative.
(C) Ownership - Ownership of front-load and front-load compactor containers shall vest in
the Contractor, unless the front-load compactor container is owned by the Customer.
5.8 COMMERCIAL FRONT-LOAD AND FRONT-LOAD COMPACTOR CONTAINER NON-
COLLECTION PROCEDURE
In the event the Contractor is unable to service the front-load or front-load compactor
containers for any reason, the Contractor shall notify the Customer immediately fully explaining
why collection was not made, and shall return to service the container by 9:00 A.M. the
following normal business day (including Saturday), or when the situation has been resolved.
The Contractor shall maintain and keep up-to-date all records and files as necessary to
document the non-collection procedures taken.
5.9 COMMERCIAL FRONT-LOAD AND FRONT-LOAD COMPACTOR CONTAINERS
LOCATION OF COLLECTION
All commercial front-load collection shall be placed in approved containers at locations that are
readily accessible to the Contractor and its equipment. All containers shall be located on
private property. The City's Representative may approve the use of City property for the
placement of containers after investigation. Any variation shall require written approval by the
City's Representative before implementation.
5.10 COMMERCIAL FRONT-LOAD AND FRONT-LOAD COMPACTOR CONTAINERS MANNER
OF COLLECTION
The Contractor shall perform collection services with as little disturbance as reasonably
possible and without obstructing roadways, driveways, sidewalks or mailboxes or other public
facilities. The Contractor shall handle front-load containers with reasonable care, shall empty
them thoroughly, and leave them in the same position in which they were found. The
Contractor shall collect and remedy any spillage immediately.
5.11 COMMERCIAL FRONT-LOAD AND FRONT-LOAD COMPACTOR CONTAINERS HOURS
OF COLLECTION
A~ commercia~ front-~oad collection, transportation and disposal shal~ occur between the hours
of 3:00 A.M. and 7:00 P.M. However, commercial service locations that are in a residential
area or abut or are proximate to residential areas, or residences complaining of noise
disturbance, shall not be collected before 7:00 A.M. nor later than 7:00 P.M. Any variation
shall require written approval by the City's Representative thirty (30) days prior to
implementation. The Contractor shall maintain and keep up-to-date a~ records and fi~es as
necessary to document the collection service.
5.12 COMMERICAL FRONT-LOAD AND FRONT-LOAD COMPACTOR CONTAINERS HOLIDAY
COLLECTION
Commercial front-load and front-load compactor collection shall not occur on Thanksgiving
Day, Christmas Day, New Years Day and any other day on which all City approved Florida
Department of Environmental Protection permitted solid waste disposal facilities are closed.
Collections that would normally occur on these holidays shall be re-scheduled to occur on the
day before, or the day following the holiday. Any change to the Holiday collection service
schedule shall be subject to written approval by the City's Representative thirty (30) days prior
to implementation by the Contractor.
5.13 COMMERCIAL FRONT-LOAD AND FRONT-LOAD COMPACTOR CONTAINERS BILLING
AND PAYMENT
The City will perform all commercial front-load billing and collection, and in no event shall
customers be liabie to the Contractor for any payments in connection to the services provided
by the Contractor hereunder.
On or before the 20th day of each month the City shall remit to the Contractor the revenues
billed in the previous month for all front-load and front-load compactor services provided by the
Contractor pursuant to the Technical Specifications. The City will retain from such remittance
a franchise fee of fifteen percent (15%) of the gross amount billed in accordance with the table
set forth in Section 10.9.
SECTION 6: COMMERCIAL AND RESIDENTIAL ROLL-OFF AND ROLL-OFF
COMPACTOR CONTAINER SERVICES PROVIDED BY THE CONTRACTOR
The Contractor shal~ provide the fo~owing commercial and residentia~ ro~-off collection services within
the corporate limits of the City. Levels of service as set forth in this Franchise Agreement shall be
deemed the minimum acceptable level of service. Nothing herein prohibits the Contractor from
providing service at a level higher than the standards set forth within this Agreement.
Commercial Units shall include multiple-family units utilizing roll-off or roll-off compactor containers.
6.1 COMMERCIAL AND RESIDENTIAL ROLL-OFF CONTAINER SOLID WASTE; YARD
TRASH AND CONSTRUCTION AND DEMOLITION DEBRIS SERVICES
6.1,1 Commercial and Residential Roll-Off Container Solid Waste; Yard Trash and Construction and
Demolition Debris Collection Service
(1) The Contractor shall collect, convey and dispose of, at least once per month, all solid
waste, yard trash and construction and demolition debris deposited in roll-off containers from
each commercial or residential unit. The Customer and the Contractor shall agree on the size
and quantity of roll-off containers. A monthly rental fee will be assessed if the one (1) pull per
month minimum not adhered to.
(2) The Customer and the Contractor shal~ agree on Scheduled days for collection and
frequency, On-Call collection service requests received before 12:00 noon shall be completed
before 7:00 P.M. on the same day; on-call collection service requests received after 12:00
noon shall be completed before 9:00 A,M. on the following normal business day (including
Saturday). Permanent roll-off containers shall not be removed without prior written
authorization from the City's Representative,
(3) Solid waste; yard trash and construction and demolition debris do not include items
herein defined as Hazardous Waste.
(4) A daily report on a form acceptable to the City indicating the service performed and the
date completed shall be submitted to the City by the Contractor.
6.1.2 Commercial and Residential Roll-Off Container Solid Waste; Yard Trash and Construction and
6.2
6.2.1
Demolition Debris Rates
$25.00 Delivery Charge, Per Container
$90.85 Pull Charge, Per Pull, Per Container, Plus Actual Disposal Costs, Per Pull, Per
Container (Inclusive of fifteen percent (15%) Franchise Fee.)
(Actual Disposal Costs shall reflect the least expensive City approved Florida Department of
Environmental Protection permitted Disposal Facility Rates.)
$50.00 Dry Run Charge, Per Container
(Documentation such as pictures of overflow or license plate numbers of vehicles blocking the
container shall be provided to the City by the Contractor to justify this charge.)
$50.00 Relocation Charge, Per Container
(Relocation Charge shall only apply when the Contractor is requested to make a special trip,
just for relocating a container; or when the Customer is requesting to relocate additional
containers other than the container scheduled for the pull.)
$90.85 Rental Charge, Per Container, Per Month (Inclusive of fifteen percent (15%) Franchise
Fee.)
(Rental Charge shall apply when container has not had the required one (1) pull per month
minimum. The Contractor shall maintain and keep up-to-date all records and files as
necessary, as determined by the City, to document this fee.)
Rates are inclusive of fifteen percent (15%) Franchise Fee.
The Contractor shall pay the City a franchise fee of fifteen percent (15%) of the total billed.
No other fees may be charged without the prior written approval by the City's Representative.
In the event of a dispute in cost, the City's Representative will make the final determination.
The Contractor guarantees rates for the duration of this Contract.
COMMERCIAL AND RESIDENTIAL ROLL-OFF CONTAINER ADDITIONAL FEE SERVICE
Commercial and Residential Roll-Off Container Curbside Additional Bulk Waste, Yard Waste &
Junk Collection Service
(1) The Contractor shall collect, convey and dispose of, once per week, at an additional
charge, unlimited amounts of additional bulk waste, yard waste and junk from each commercial
or residential unit. The Contractor shall affix a non-collection notice to items not in compliance
with the City Code.
(2) Collections shall occur on Friday of each week, upon notification from the City.
(3) Commercial and residential additional bulk waste, yard waste and junk do not include
items herein defined as Contractor-Generated Waste or Exempt Waste.
(4) Costs will be determined by the amount of material to be collected. The Residential
Supervisor for the Contractor will estimate the yardage for collection. In the event of a dispute
in cost, the City's Representative will make the final determination.
6.2.2
(5) A daily report on a form acceptable to the City indicating the service performed and the
date completed shall be submitted to the City by the Contractor.
Commercial and Residential Roll-Off Container Curbside Additional Bulk Waste, Yard Waste &
.Junk Rates
$3.75 PER CUBIC YARD WITH A FOUR (4) CUBIC YARD MINIMUM
GROSS (NOT NET) / PAID TO FRANCHISEE: $3.375 PER CUBIC YARD WITH A FOUR (4)
CUBIC YARD MINIMUM
(Base from which fifteen percent (15%) franchise fee is calculated and collected).
The Contractor shall pay the City a franchise fee of fifteen percent (15%) of the total billed.
The Contractor guarantees rates for the duration of this Contract.
6.3 COMMERCIAL AND RESIDENTIAL ROLL-OFF CONTAINER RECYCLABLE MATERIAL
SERVICES
63.1 Commercial and Residential Roll-Off Container Rec¥clable Material Collection Service
(1) The Contractor shall collect, convey and dispose of, at least once per month, all
recyclable material deposited in roll-off containers from each commercial or residential unit.
The Customer and the Contractor shall agree on the size and quantity of roll-off containers. A
monthly rental fee will be assessed if the one (1) pull per month minimum is not adhered to.
(2) The Customer and the Contractor shall agree on Scheduled days for collection and
frequency. On-Call collection service requests received before 12:00 noon shall be completed
before 7:00 P.M on the same day~ on-call collection service requests received after 12:00
noon shall be completed before 9:00 A.M. on the following normal business day (including
Saturday).
(3) The Contractor shall not combine recyclable material with solid waste or yard waste.
(4) A daily report on a form acceptable to the City indicating the service performed and the
date compteted shall be submitted to the City by the Contractor.
6.3.2 Commercial and Residential Roll-Off Container Recyclable Material to be Collected
6.3.3
The Contractor shall collect the following recyclable material at no additional charge:
cardboard, newspapers (including, but not limited to, inserts), magazines and catalogs, clear,
green and brown glass bottles and jars, plastic bottles (Numbers 1 - 7), aluminum and steel
cans (including, but not limited to, empty aerosol cans), and any other recyclable material as
required by the City.
Commercial and Residential Roll-Off Container Recyclable Material Rates
$25.00 Delivery Charge, Per Container
$90.85 Pull Charge, Per Pull, Per Container (Inclusive of fifteen percent (15%) Franchise Fee.)
$50.00 Dry Run Charge, Per Container
(Documentation such as pictures of overflow or license plate numbers of vehicles blocking the
container shall be provided to the City by the Contractor to justify this charge.)
$50.00 Relocation Charge, Per Container
6.4
6.4.1
6.4.2
(Relocation Charge shaft only apply when the Contractor is requested to make a special trip,
just for relocating a container; or when the Customer is requesting to relocate additional
containers other than the one scheduled for the puff.)
$90.85 Rental Charge, Per Container, Per Month (Inclusive of fifteen percent (15%) Franchise
Fee.)
(Rental Charge shaft apply when the container has not had the required one (1) pull per month
minimum. The Contractor shaft maintain and keep up-to-date aft records and files as
necessary, as determined by the City, to document this fee.)
Rates are inclusive of fifteen percent (15%) Franchise Fee.
The Contractor shall pay the City a franchise fee of fifteen percent (15%) of the total billed.
No other fees may be charged without the prior written approval by the City's Representative.
In the event of a dispute in cost, the City's Representative will make the final determination.
The Contractor guarantees rates for the duration of this Contract.
COMMERCIAL ROLL-OFF COMPACTOR CONTAINER SOLID WASTE SERVICE
Commercial Roll-Off Compactor Container Solid Waste Collection Service
(1) The Contractor shall collect, convey and dispose of, at least once per month, all solid
waste deposited in roll-off compactor containers from each commercial unit. The Customer
and the Contractor shall agree on the size and quantity of roll-off compactor containers. A
monthly rental fee will be assessed if the one (1) pull per month minimum is not adhered to.
(2) The Customer and the Contractor shall agree on Scheduled days for collection and
frequency. On-Call collection service requests received before 12:00 noon shall be completed
before 7:00 P.M. on the same day; on-call collection service requests received after 12:00
noon shall be completed before 9:00 AM. on the following normal business day (including
Saturday). Permanent roll-off compactor containers shall not be removed without prior
authorization from the City's Representative.
(3) A daily report on a form acceptable to the City indicating the service performed and the
date completed shall be submitted to the City by the Contractor.
Commercial Roll-Off Compactor Container Solid Waste Rates
$25.00 Delivery Charge, Per Container
$90.85 Pull Charge, Per Pull, Per Container, Plus Actual Disposal Costs, Per Pull, Per
Container (Inclusive of fifteen percent (15%) Franchise Fee.)
(Actual Disposal Costs shall reflect the least expensive City approved Flodda Department of
Environmental Protection permitted Disposal Facility Rates.)
$50.00 Dry Run Charge, Per Container
(Documentation such as pictures of overflow or license plate numbers of vehicles blocking the
container shaft be provided to the City by the Contractor to justify this charge.)
$90.85 Rental Charge, Per Container, Per Month (Inclusive of fifteen percent (15%) Franchise
Fee. )
Page 26 of 54
(Rental Charge shall apply when the container has not had the required one (1) pull per month
minimum. The Contractor shall maintain and keep up-to-date all records and fi/es as
necessary, as determined by the City, to document this fee.)
Refurbishing fees and equipment rental fees shall be agreed between the Customer and the
Contractor.
Rates are inclusive of fifteen percent (15%) Franchise Fee.
The Contractor shall pay the City a franchise fee of fifteen percent (15%) of the total billed.
No other fees may be charged without prior written approval by the City's Representative.
In the event of a dispute in cost, the City's Representative will make the final determination.
The Contractor guarantees rates for the duration of this Contract.
6.5 COMMERCIAL ROLL-OFF COMPACTOR CONTAINER ADDITIONAL FEE SERVICE
6.5.1 Commercial Roll-Off Compactor Container Curbside Additional Bulk Waste, Yard Waste &
Junk Collection Service
(1) The Contractor shall collect, convey and dispose of, once per week, at an additional
charge, unlimited amounts of additional bulk waste, yard waste and junk from each commercial
unit. The Contractor shall affix a non-collection notice to items not in compliance with the City
Code.
(2) Collections shall occur on Friday of each week, upon notification from the City.
(3) Commercial additional bulk waste, yard waste and junk do not include items herein
described as Contractor-Generated Waste or Exempt Waste.
(4) Costs will be determined by the amount of material to be collected. The Residential
Supervisor for the Contractor will estimate the yardage for collection. In the event of a dispute
in cost, the City's Representative will make the final determination.
(5) A daily report on a form acceptable to the City indicating the service performed and the
date completed shall be submitted to the City by the Contractor.
6.5.2 Commercial Roll-Off Compactor Container Curbside Additional Bulk Waste, Yard Waste &
Junk Rates
$3.75 PER CUBIC YARD WITH A FOUR (4) CUBIC YARD MINIMUM
GROSS (NOT NET) / PAID TO FRANCHISEE: $3.375 PER CUBIC YARD WITH A FOUR (4)
CUBIC YARD MINIMUM
(Base from which fifteen percent (15%) franchise fee is calculated and collected).
The Contractor shall pay the City a franchise fee of fifteen percent (15%) of the total billed.
The Contractor guarantees rates for the duration of this Contract.
6.6 COMMERCIAL ROLL-OFF COMPACTOR CONTAINER REC¥CLABLE MATERIAL
SERVICES
6.6.1 Commercial Roll-Off Compactor Container Recyclable Material Collection Service
(1) The Contractor shall collect, convey and dispose of, at least once per month, all
recyclable material deposited in roll-off compactor containers from each commercial unit. The
Customer and the Contractor shall agree on the size and quantity of roll-off compactor
containers. A monthly rental fee will be assessed if the one (1) pull per month minimum is not
adhered to.
(2) The Customer and the Contractor shall agree on Scheduled days for collection and
frequency. On-Call collection service requests received before 12:00 noon shall be completed
before 7:00 P.M. on the same day; on-call collection service requests received after 12:00
noon shall be completed before 9:00 A.M. on the following normal business day (including
Saturday).
(3) A daily report on a form acceptable to the City indicating the service performed and the
date completed shall be submitted to the City by the Contractor.
6.6.2 Commercial Roll-Off Compactor Container Recyclable Material to be Collected
The Contractor shall collect the following recyclable material at no additional charge:
cardboard, newspapers (including inserts), magazines and catalogs, clear, green and brown
glass bottles and jars, plastic bottles (Numbers 1 - 7), aluminum and steel cans (including, but
not limited to, empty aerosol cans), and any other recyclable material as required by the City.
6.6.3 Commercial Roll-Off Compactor Container Recyclable Material Rates
$25.00 Delivery Charge, Per Container
$90.85 Pull Charge, Per Pull, Per Container (Inclusive of fifteen percent (15%) Franchise Fee.)
$50.00 Dry Run Charge, Per Container
(Documentation such as pictures of overflow or license plate numbers of vehicles blocking the
container shall be provided to the City 12y the Contractor to justify this charge.)
$90.85 Rental Charge, Per Container, Per Month (Inclusive of fifteen percent (15%) Franchise
Fee.)
(Rental Charge shall apply when the container has not had the required one (1) pull per month
minimum. The Contractor shall maintain and keep up-to-date all records and files as
necessary, as determined by the City, to document this fee.)
Rates are inclusive of fifteen percent (15%) Franchise Fee.
The Contractor shall pay the City a franchise fee of fifteen percent (15%) of the total billed.
Refurbishing fees and equipment renta~ fees sha~l be agreed between the Customer and the
Contractor.
No other fees shall be charged without prior written approval by the City's Representative.
In the event of a dispute in cost, the City's Representative will make the final determination.
The Contractor guarantees rates for the duration of this Contract.
6.7 ROLL-OFF AND ROLL-OFF COMPACTOR APPROVED CONTAINERS
(1) The Contractor shall be responsible for the purchase, distribution and replacement of all
roll-off and roll-off compactor containers to commercial or residential units. Customers may
purchase their own roll-off compactor; however, all equipment regulations as set forth in this
Franchise Agreement shall apply. Any roll-off container requests by the City or the Customer
for deliveries, increases, decreases or container swap outs received before 12:00 noon shall
6.8
6.9
6.10
be completed before 7:00 P.M. on the same day; roll-off container requests received after
12:00 noon shall be completed before 9:00 A.M. on the following normal business day
(including Saturday). Roll-off compactor container deliveries, increases, decreases or
refurbishing may be afforded additional time. A daily report on a form acceptable to the City
indicating the service performed and the date completed shall be submitted to the City by the
Contractor.
(A) Purchase and Distribution - The Contractor shall be required to purchase and distribute
new roll-off and roll-off compactor containers to new and existing commercial or residential
customers. Amounts and types of solid waste or recyclable material placed in containers for
collection shall be stored only in standard manufactured-type mechanically serviced
containers, compatible with the Contractors servicing equipment and subject to government
regulation, and approval by the City as to color. Containers must be in good condition and are
subject to the City's approval. Containers shall be uniform in color (unless otherwise approved
by the City), shall have the Contractor's name and telephone number prominently displayed on
two (2) sides of the container, shall have markings to identify unit or suite number if requested
by the City, and shall be cleaned and painted frequently as may be directed by the City.
Containers used for recyclable material shall be clearly labeled for identification, education and
enforcement purposes. The Contractor shall not utilize said containers to market or display
advertising for other businesses, goods, services, etc., with the exception of public service
messages approved by the City in writing.
(B) Replacement - The Contractor shall maintain sufficient roll-off containers to ensure that
new, extra or replacement roll-off containers can be provided to customers as required. All
final decisions regarding the condition or replacement of roll-off containers shall be made by
the City's Representative.
(C) Ownership - Ownership of roll-off and roll-off compactor containers shall vest in the
Contractor, unless the roll-off compactor container is owned by the Customer.
ROLL-OFF AND ROLL-OFF COMPACTOR CONTAINERS NON-COLLECTION
PROCEDURE
In the event the Contractor is unable to service the roll-off or roll-off compactor containers for
any reason, the Contractor shall notify the Customer immediately fully explaining why
collection was not made, and shall return to service the container by 9:00 A.M. the following
normal business day (including Saturday), or when the situation has been resolved. The
Contractor shall maintain and keep up-to-date all records and files as necessary to document
the non-collection procedures taken.
ROLL-OFF AND ROLL-OFF COMPACTOR CONTAINERS LOCATION OF COLLECTION
All roll-off collection shall be placed in approved containers at locations that are readily
accessible to the Contractor and their equipment. All containers shall be located on private
property. The City's Representative may approve the use of City property for the placement of
containers after investigation. In the event a container must be placed in the street, the
Contractor shall advise the customer that placement of lighted barricades to surround the
container must be supplied by the customer. Any variation shall require written approval by
the City's Representative before implementation.
ROLL-OFF AND ROLL-OFF COMPACTOR CONTAINERS MANNER OF COLLECTION
The Contractor shall perform collection services with as little disturbance as reasonably
possible and without obstructing roadways, driveways, sidewalks or mailboxes. The
Contractor shall handle roll-off and roll-off compactor containers with reasonable care, shall
empty them thoroughly, and leave them in the same position in which they were found. The
Contractor shall collect and remedy any spillage immediately.
6.11 ROLL-OFF AND ROLL-OFF COMPACTOR CONTAINERS HOURS OF COLLECTION
All commercial roll-off collection, transportation and disposal shall occur between the hours of
3:00 A.M. and 7:00 P.M. However, commercial service locations that are in a residential area
or abut or are proximate to residential areas, or residences complaining of noise disturbance,
shall not be collected before 7:00 A.M. nor later than 7:00 P.M All residential roll-off
collection, transportation and disposal shall occur between the hours of 7:00 A.M. and 7:00
P.M., inclusive. Any variation shall require written approval by the City's Representative thirty
(30) days prior to implementation. The Contractor shall maintain and keep up-to-date all
records and files as necessary to document the collection service.
6.12 ROLL-OFF AND ROLL-OFF COMPACTOR CONTAINERS HOLIDAY COLLECTION
No roll-off collections shall occur on Thanksgiving Day, Christmas Day, New Years Day and
any other day on which all City approved Florida Department of Environmental Protection
permitted solid waste disposal facilities are closed. Collections that would normally occur on
these holidays shall be re-scheduled to occur on the day before, or the day following the
holiday. Any change to the Holiday collection service schedule shall be subject to written
approval by the City's Representative thirty (30) days prior to implementation by the
Contractor.
6.13 ROLL-OFF AND ROLL-OFF COMPACTOR CONTAINERS BILLING AND PAYMENT
The Contractor in accordance with this Contract will perform all roll-off billing and collection.
No other fees apply without prior written approval by the City's Representative. The Franchise
Fees paid pursuant to this Agreement shall not be added as a separate item on the Customers
bill. In the event of a dispute in cost, the City's Representative will make the final
determination.
On or before the 20th day of each month the Contractor shall remit to the City of Sanford, a
franchise fee equal to fifteen percent (15%) of the gross revenues billed in the previous month
for all sources related to the Contractor's operations in the City for roll-off and roll-off
compactor services. The Contractor shall guarantee a minimum annual franchise fee of
$150,000. Reports identifying the types and amounts of collections provided and amounts
billed shall be submitted to the City along with the payment. Should the City's Representative
or the Contractor subsequently discover an error in a report submitted to the City, the
Contractor shall submit a revised report and pay the additional Franchise Fee, within ten (10)
days after discovery of said error.
SECTION 7: MISCELLANEOUS SERVICES PROVIDED BY THE CONTRACTOR
7.1 The Contractor shall provide two (2) times per week, curbside collection, transportation and
disposal services for all public containers located at parks, picnic areas, bus stops, street
containers, property owned, leased, rented and controlled by the City of Sanford and along
public rights-of-way within the corporate limits of the City, as requested, at no cost to the City.
The Contractor shall supply garbage bags as required for this service. Additionally, the
Page 30 of 54
Contractor shall provide front Icad and/or roll off container collection, transportation and
disposal services to all property owned, leased, rented and controlled by the City of Sanford
and along public rights-of-way within the corporate limits of the City, as requested, at no cost to
the City. The Contractor shall also provide collection service at other municipal sites acquired
by or designated by the City in the future at no cost to the City.
7.2 The Contractor shall provide adequate containers, collection, and transportation and disposal
services, as determined by the City's Representative for up to twelve (12) special events
sponsored or conducted by the City in each calendar year, at no cost to the City. For any
additional special events or events not sponsored by the City, the rates specified for extra
pickup commercial front-load container collection service and roll-off container on-call rates
shall apply.
7.3 The Contractor shall continue operation of the City's Iow-income assistance program, as it may
be modified from time-to-time, which provides service to qualifying citizens.
7.4 In the event of a major storm, the Contractor shall make available to the City, adequate
equipment and personnel to clear the City of any and all debris placed curbside, within twelve
(12) hours of notification from the City's Representative of an approaching hurricane, tornado
or similar ACt of God. The Contractor shall inform the customers of any change in schedule.
In the event of a hurricane, tornado or similar Act of God, resulting in a significant increase in
debris, the Contractor shall obtain written authorization from the City's Representative prior to
obtaining additional equipment and hiring additional crews to collect and dispose of such
debris, in order for the Contractor to be reimbursed for the actual cost of such additional labor
and equipment. Excess debris shall be removed from City designated locations within
seventy-two (72) hours of notification. The Contractor sha~{ fully cooperate with the City in
collection and disposal.
7.5 The Contractor shall be responsible for the collection and proper disposal of all used tires and
junk improperly deposited on City rights-of-way, and those located at the Public Works
Complex, at no cost to the City.
7.6 The Contractor shall pick up dead fowl, reptiles, animals and fish from public rights-of-way,
playgrounds and all City-owned property, within two (2) hours after notification by the City.
Two-hour response time will apply to notification made before 3:00 P.M., Monday through
Friday. Notification received at times other than normal business hours will be responded to
by 10:00 A.M. the following day, with the exception of weekend notification, which will be
responded to by 10:00 AM the following business day.
7.7 A route supervisor shall be designated and available in the City during collection days. The
supervisor shall be fully responsible for all collection personnel while they are working within
the corporate limits of the City of Sanford
7.8 City personnel will forward all service issues via telephone or fax as they are received. The
Contractor will dispatch appropriate personnel to correct the issues. Written resolution to
these issues shall be faxed to the City daily. The City's Representative will make the final
determination on outstanding issues.
7.9 The Contractor shall not provide any free service to anyone for collection services,
transportation, or disposal services unSess authorized by the City in accordance with law.
7.10 The City grants the Contractor exclusive rights to collect, convey and dispose of all Residential
solid waste, yard waste, butk waste, recyclable materials and construction and demolition
debris accumulated within the corporate limits of the City for the duration of this Contract.
7.11 The City grants the Contractor exclusive rights to collect, convey and dispose of all
Commercial solid waste, yard waste, bulk waste and construction and demolition debris
accumulated within the corporate limits of the City for the duration of this Contract.
SECTION 8: OFFICE FACILITIES
8.1 The Contractor shall maintain, at its expense, an office within the geographic area of Seminole
County where service inquires and complaints can be received in accordance with this
Agreement or, in the alternative, a toll-free telephone access for Customers residing within the
Service Area. The Contactor's office shall be equipped with sufficient telephones and shall
have responsible persons on duty during operating hours and shall be open during normal
business hours of 8:00 A.M. to 5:00 P.M., Monday through Friday, excluding holidays. The
Contractor shall provide either a telephone answering service or mechanical device to receive
service inquires and complaints during all times when telephones are not answered by
Contractor employees.
8.2 The Contractor shall provide the City's Representative with the name and telephone number of
an emergency contact person who can be reached outside of the required office hours. The
contact person must have the authority to authorize Contractor operations in case of City
direction in situations requiring immediate attention.
8.3 The Contractor shall designate in writing to the City's Representative, the person to serve as
liaison between the Contractor and the City's Representative. The Contractor shall notify the
City's Representative of any changes in contact personnel related to collection.
SECTION 9: COLLECTION SCHEDULES AND ROUTES
9.1 The Contractor shall provide service in compliance with the terms and conditions contained in
this Agreement. The Contractor, subject to the approval of the City, shall establish routes and
schedules of collection. The Contractor shall provide the City with a quarterly report indicating
schedules of commercial collection routes. Included in this quarterly report shall be a listing of
customers, the number and size containers per customer and the number of pick-ups per week
for each customer. The report shall be submitted by the 20th day of the month following the
end of each calendar quarter.
9.2 The City reserves the right to deny the Contractor's vehicles access to certain streets, a~leys
and public rights-of-way, inside the City, where it is in the best interest of the general public to
do so due to conditions of the streets. The Contractor shall not interrupt the regular schedule
or quality of service because of such street closures.
9.3 The Contractor is aware of the fact that at various times during the year, the quantity of refuse
to be disposed of is materially increased by fluctuations in the amount of yard waste; the
Contractor agrees that this additional workload will not be considered as adequate justification
for failure of the Contractor to maintain the required collection schedules and routes.
9.4 Any and all schedule change(s) and notifications shall require written approval by the City's
Representative thirty (30) days prior to implementation. The Contractor shall furnish written
notice of change(s) in schedules to the customers, at least ten (10) days before
implementation of any such change in schedules.
Pa~e 32of54
SECTION 10: CONTRACTOR'S RELATION TO THE CITY
10.1 CONTRACTOR AS INDEPENDENT CONTRACTOR
It is expressly agreed and understood that the Contractor is in all respects an independent
contractor as to the Work notwithstanding in certain respects the Contractor is bound to follow
the direction of the City's Representative, and the Contractor is in no respect an agent, servant
or employee of the City. This Contract specifies the work to be done by the Contractor, but the
method to be employed to accomplish this work shall be the responsibility of the Contractor,
unless otherwise provided in this Contract.
10.2 ASSIGNMENT AND SUBCONTRACTING/PARTIES
The Contractor without the express written consent of the City Commission shall make no
assignment or subcontract of this Agreement or any right occurring under this Agreement in
whole or part. The City Commission shall have full discretion to approve or deny, with or
without cause, any proposed or actual assignment by the Contractor. In the event of any
assignment, the assignee shall fully assume all the liabilities of the Contractor and the assignor
shall remain as co*obligor with the assignee as to all liability and obligations under this
Agreement.
This Agreement is soleJy for the benefit of the formal parties to this Agreement, and no right or
cause of action shall accrue by reason hereof to or for the benefit of any third party not a
formal party hereto. Nothing in this Agreement, expressed or implied, is intended or shall be
construed to confer upon or give any person or entity any right, remedy or claim under or by
reason of this Agreement or any provisions or conditions hereof, other than the parties hereto
and their respective representatives, successors and assigns.
10.3 SUPERVISION OF CONTRACT PERFORMANCE
The City's Representative shall supervise the Contractor's performance of this Contract, and
the Contractor shall be so notified in writing by the City's Representative. If at any time during
the life of this Contract, performance satisfactory to the City's Representative shall not have
been made, the Contractor upon notification by the City's Representative shall increase the
force, tools and equipment as needed to perform this Contract properly. If, within twenty-four
(24) hours of the City's notification, the Contractor shall fail to take measures to increase the
force, tools and equipment as needed to perform this Contract, the City may elect to
temporarily hire equipment and manpower in order to restore the level of service to an
acceptable level. The City may claim reimbursement of all costs incurred hereunder from the
Contractor's surety and as otherwise available under law. The failure of the City's
Representative to give such notification shall not relieve the Contractor of its obligation to
perform the work at the time and in the manner specified by this Contract.
10.4 CITY'S REPRESENTATIVE TO BE ARBITRATOR
To prevent misunderstanding and litigation, the City's Representative shall decide any and all
questions which may arise concerning the quality and acceptability of the services performed,
the sufficiency and performance, the interpretation of Contract provisions, and the acceptable
fulfillment of this Contract on the part of the Contractor; and the City's Representative will
determine whether or not the amount, quantity, character and quality of the Work performed is
satisfactory, which determination shall be final, conclusive and binding upon both the City and
the Contractor. The City's Representative shall make such explanation as may be necessary
to complete, explain or make definite the provisions of this Contract, and such findings and
conclusions shall be final and binding on both parties.
10.5 INSPECTtON OFWORK
The Contractor shall furnish to the City's Representative, every reasonable opportunity for
ascertaining whether the work as performed is in accordance with the requirements of this
Contract.
The Contractor shall designate, in writing, the person to serve as its agent and liaison between
its organization and the City.
The City's Representative may appoint qualified persons to inspect the Contractor's operation
and equipment at any reasonable time, and the Contractor shall admit authorized
representatives of the City to make such inspections at any reasonable time and place.
10.6 DISAGREEMENTS
It is recognized that disagreements may arise between the City and the Contractor with regard
to the collection of certain items due to interpretation of the specific language in the
Agreement.
in the event a disagreement arises and refuse needs to be collected and disposed of, the
City's Representative shall notify the Contractor of the location of refuse which has not been
collected due to the disagreement between the City and the Contractor, and it shall be the duty
of the Contractor to remove all such refuse within four (4) hours of the notice. In the event the
Contractor fails to remove the refuse, the City shall remove the refuse and deduct all costs
incurred from the next schedule of payment to the Contractor.
10.7 CITY NOT LIABLE FOR DELAYS
It is expressly agreed that in no event shall the City be liable or responsible to the Contractor,
or to any other person, on account of any stoppage or delay in the work herein provided for, by
injunction or other legal or equitable proceedings brought against the Contractor, from, by, or
on account of any delay from any cause over which the City has no control.
10.8 TAXES
The Contractor shall pay all Federal, State and local taxes, assessments and fees including,
but not limited to, sales taxes, social security taxes, workers' compensation expenses and
premiums, unemployment insurance expenses and premiums any and all other required taxes,
expenses, charges, assessments and fees which may be chargeable against labor, material,
equipment, real estate and any other item necessary to and in the performance of this
Contract.
10.9 FRANCHISE FEES
There shall be a fifteen percent (15%) franchise fee paid to the City in monthly installments for
the duration of this Contract as set forth herein. Said franchise fee shall be based upon al~
revenues derived from the collection, transportation and disposal services and all other
charges made by the Contractor during the previous month as set forth herein. The Contractor
hereby agrees to said franchise fee and to its payment to the City in accordance with the table
set forth below. Any other charges set forth shall also be timely paid.
TABLE OF PAYMENT
Curbside/AlieF Pickup Rates
SERVICE
TYPE
CHARGED BY FRANCHISE
THE CITY FEE
NET PAID TO
FRANCHISEE
Single-Family
Residence
$13.75/Month $1.81
$10.24/Month
Multiple-
Family
Residence
Commercial
Establishment
$13.00/Month $1.57
$14.00/Month $1.81
$ 8.92/Month
$10.24/Month
AHService TFpeBuikPickup Rates(4CubicYardMinimum
For Th~Service
SERVICE CHARGED BY FRANCHISE
TYPE THE CITY FEE
NET PAID TO
FRANCHISEE
Additional Bulk 3.75/Yard $ .51 $ 2.865/Yard
Pickup
Semi-/tutomated and FullF ~4utomated Cart Program Rates
SERVICE CHARGED BY FRANCHISE
TYPE THE CITY FEE
NET PAID TO
FRANCHISEE
Single-Family $14.75/Month $1.96
Residence
Multiple- $14.00/Month $1.72
Family
Residence
Commercial $15.00/Month $1.96
Establishment
$11.09/Month
$ 9.77/Month
$11.09/Month
Ail revenues derived from the sale of recyclables shall be paid to the City.
paee 35 of 54
Front-Load Solid Waste/Yard Waste Container Rates
SERVICE TYPE
Commercial
Establishment
CHARGED FRANCHISE
BY THE FEE
CITY
NET PAID TO
FRANCHISEE
$3.50/Yard $ .46 $ 2.61/Yard
Front-Load RecFclable Container Rates
SERVICE TYPE
CHARGED FRANCHISE
BY THE FEE
CITY
NET PAID TO
FRANCHISEE
Commercial $2.50/Yard $ .38
Establishment
$ 2.12/Yard
All revenues derived from the sale of recyclables shall be paid to the City.
Front-Load Solid Waste Compactor Container Rates
SERVICE TYPE
CHARGED FRANCHISE
BY THE FEE
CITY
NET PAID TO
FRANCHISEE
Commercial
Establishment
$10.50/Yard $1.38 $ 7.83/Yard
Roll-Off Solid Waste; Yard Trash and Construction and Demolition
Debris Container Rates
SERVICE TYPE
CHARGED FRANCHISE
BY THE FEE
CITY
NET PAID TO
FRANCHISEE
Commercial and $25.00 $ 3.75 $21.25/Each
Residential Delivery
$90.85 Pull $11.85 $79.00/Each
$50.00 Dry $ 7.50 $42.50/Each
Run
$50.00 $ 7.50 $42.50/Each
Relocation
$90.85 Rental $11.85 $79.00/Each
Actual Disposal Costs shall reflect the least expensive City approved Florida Department of
Environmental Protection permitted Disposal Facility Rates. Pull rates, disposal charges and rental
charges are inclusive of 15% Franchise Fee.
Roll-O[['$olid [Vaste Compactor Container Rates
SERVICE CHARGED BY THE FRANCHISE
TYPE CITY FEE
NET PAID TO
FRANCHISEE
Commercial
Establishment
$25.00 Delivery $ 3.75 $21.25/Each
$90.85 Pull $11.85 $79.00/Each
$50.00 Dry Run $ 7.50
$42.50/Each
$50.00 Relocation $ 7.50
$42.50/Each
$90.85 Rental $11.85
$79.00/Each
Actual Disposal Costs shall reflect the least expensive City approved Florida Department of
Environmental Protection permitted Disposal Facility Rates. Pull rates, disposal charges and rental
charges are inclusive of 15% Franchise Fee.
Roll-Off RecFclable Container and RecFclable Compactor Container Rates
SERVICE TYPE
CHARGED BY
THE CITY
FRANCHISE
FEE
NET PAID TO
FRANCHISEE
Commercial
Establishment
$25.00 Delivery $ 3.75
$21.25/Each
$90.85 Pull $11.85 $79.00/Each
$50.00 Dry Run $ 7.50
$42.50/Each
Paae 37of54
$50.00 $ 7.50 $42.50/Each
Relocation
$90.85 Rental $11.85 $79.00/Each
No Disposal Costs. Pull rates and rental charges are inclusive of 15% Franchise Fee. Ail revenues
derived from the sale of recyclables shall be paid to the City.
10.10
10.11
RATE INCREASES/DISPOSAL FEES
The Contractor guarantees the rates as set forth in this Agreement through the duration of this
Contract.
There shall be no adjustments for changes in disposal fees during the life of this Contract.
Should fue~ costs arise to a substantial extent, the Contractor may petition the City
Commission for a fuel rate adjustment to the rates set forth in this Agreement. Said petitions
may only be submitted twice during any calendar year and no less than six (6) months must
expire between the submissions of petitions. The City Commission shall consider evidence
submitted by the Contractor and the actions of other similar public entities such as, but not
limited to, the Florida Department of Transportation. Should fuel costs decrease, the City may
submit evidence to the Contractor and the City Commission to evaluate as to whether charges
should be reduced (but not below the amounts set forth herein); provided, however, that the
City shall not submit such evidence within six (6) months of the City Commission granting a
fuel rate adjustment increase.
BREACH OF CONTRACT
It shall be the right of the City's Representative to observe closely the solid waste collection,
transportation, and disposal operations of the Contractor and if, in the opinion of the City's
Representative, there has been a breach of this Contract, the City's Representative shall notify
the Contractor, in writing, specifying the manner in which there has been a breach of contract.
If, within a period of seven (7) days, the Contractor has not eliminated the condition considered
a breach of contract, the City's Representative shall so notify the City Commission and a
hearing date shall be set within fifteen (15) days of such notice. At that time, the City
Commission shall hear the Contractor and the City's Representative and other pertinent
individuals, as determined by the City Commission, and shall direct what further action the
City, shal~ take, as hereinafter provided. Any lesser remedial action than cancellation sha~l not
waive the City's right to further remedial action. The City's Representative may assess
liquidated damages as set forth in this Contract. Such liquidated damages may be appealed to
the City Commission within seven (7) days of being assessed. Decisions of the City
Commission shall be final. In the event of a default described herein, the Contractor shall be
liable to the City for all damages including, but not limited to, reasonable attorney fees and
Court costs. Repeated failure to perform as required by this Contract or repetitive defaults of
similar nature shall be grounds for the City to terminate this Contract. The City may,
notwithstanding any other provisions of this Agreement, elect to proceed with any legal remedy
available to it under the provisions of applicable law in the event of a breach of contract. In
situations where an opportunity to cure a breach of this Agreement would result in harm to the
Page 38 of 54
10.12
public interest, the City shall not be obligated to provide the Contractor with any opportunity to
cure any such breach.
RIGHT TO REQUIRE PERFOMANCE
The failure of the City at any time to require performance by the Contractor of any provisions
hereof shall in no way affect the right of the City thereafter to enforce it. Nor shall waiver by
the City of any breach of provisions hereof taken or held to be a waiver of any succeeding
breach of such provision or as a waiver of any provision itself.
SECTION 11: QUALITY OF SERVICE
11.1 CHARACTER OF WORKERS AND EQUIPMENT
The direction and supervision of solid waste collection, transportation, and disposal shall be by
competent, qualified, sober personnel, and the Contractor shall devote sufficient personnel,
time and attention to the direction of operation to assure performance satisfactory to the City.
All Subcontractors, Superintendents, Foremen and Workers employed by the Contractor shall
be careful and competent. Each employee assigned to drive a vehicle must possess a valid
State of Florida driver's license and any other licenses required by law or regulation. The
Contractor shall also provide uniforms for all of its employees, which shall be worn at all times
when such employees are working in the City. All employees used by the Contractor during
the term of this Agreement, shall meet qualifications that will permit the Contractor's
performance herein to be carried out harmoniously and without delay. Any employee of the
Contractor who acts in an improper fashion, or is incompetent or negligent or is disorderly,
dishonest, intoxicated, blasphemous, obscene or grossly discourteous shall be removed from
service to the City upon receipt by the Contractor of a written request from the City's
Representative that such action be taken.
11.2 COOPERATION OF CONTRACTOR REQUIRED
The Contractor shall cooperate with authorized personnel and representatives of the City in
every reasonable way in order to facilitate the progress of the services contemplated under this
Contract. The Contractor shall have at all times a competent and reliable representative
authorized to take orders and to act on its behalf and to interact with the City's Representative.
All City requests for documentation shall be responded to by the Contractor on or before the
end of the next business day following the request.
The Contractor shall ensure that its employees serve the public in a courteous, helpful and
impartial manner.
The Contractor's employees collecting garbage or recyclables shall follow the regular walkway
for pedestrians while on private property. No employee of the Contractor shall meddle with
property that does not concern him or her. Care shall be taken by each employee of the
Contractor to prevent damage to property, such as shrubs, flowers and other plants.
11.3 HANDLING COMPLAINTS
The Contractor shall perform a service of high quality and shall make every effort to minimize
the number of legitimate complaints. All customer complaints shall be forwarded to the
Contractor by City staff. All citizen complaints received directly by the Contractor shall be
immediately forwarded to the City's Representative.
Page 39of54
The City will maintain a record of all complaints. The Icg will indicate the name and address of
the person complaining, the nature of the complaint and the disposition of such complaint.
Complaints received before 12:00 noon shall be resolved by the Contractor on or before 7:00
P.M. on the same day; complaints received after 12:00 noon shall be resolved by 12:00 noon
the following normal business day (Saturday is included with front-load and roll-off service).
For each unresolved legitimate complaint, whether for garbage, yard waste, bulk waste,
recycling or for any other cause, the City shall be entitled to claim liquidated damages as set
forth herein. Each complaint shall be presumed to be legitimate and well founded unless
satisfactory evidence to the contrary is furnished to the City's Representative. The decision of
the City's Representative shall be final.
11.4 CUSTOMER AND OPERATIONAL INFORMATION
The Contractor shall provide each customer with a condensed version of the rules and
regulations for solid waste, yard waste and recycling collection, every June 1, approved in
advance by the City's Representative. Said condensed version shall outline the obligations of
the customer and the Contractor, according to the terms of this Agreement.
The Contractor shall maintain and provide to the City's Representative and the Seminole
County Recycling Coordinator by the 10th of each month, information from the previous month,
adequate to determine the volume of solid waste collected and the volume of solid waste
diverted through recycling programs.
11,5 GUARANTEE OF PERFORMANCE
The Contractor shall furnish at its own cost, to the City, an irrevocable performance bond, in a
form and content approved by the City Attorney, and from a surety approved by the City, for
the faithful performance of this Contract and all of its obligations arising hereunder in the
amount of five hundred thousand dollars ($500,000.00). Said performance bond shall be
executed by a surety company approved by City and licensed to do business in the State of
Florida, with the financial strength and B V qualifications according to the latest edition of
Best's Insurance Guide, published by A.M. Best Company. The Contractor shall furnish to the
City proof of such bond within ten (10) days after the execution of this Contract, such proof
shall include a statement that the performance bond may not be canceled or altered without at
least thirty (30) days prior notice to the City and that said bond shall not expire without the City
first having the right to call the performance bond and hold the proceeds as a cash bond or for
other purposes consistent with this Agreement. Failure to maintain the performance bond in
effect shall be a per se breach of this Franchise Agreement.
11.6 NO RELIEF OF LIABILITY
Maintenance of the performance bond and the performance by the Contractor of all of the
obligations under this Section shall not relieve the Contractor of liability under the provisions
set forth in this Contract or from any other liability because of any breach hereunder. The
performance bond may be "called" in the event of any default hereunder by Contractor. The
calling of the performance bond shall in no manner restrict or preclude any additional or further
remedies available to the City against the Contractor for breach, default or damages
hereunder.
SECTION 12: VEHICLES AND COLLECTION EQUIPMENT
12.1 EQUIPMENT
Page 40 of 54
The Contractor shall provide, maintain and have available at all times the necessary amount of
collection vehicles to perform the work as specified herein. The Contractor shall use modern
packer-type sanitation vehicles for the collection and transportation of residential and
commercial curbside and front-load solid waste, yard waste and bulk waste services.
Contractor agrees to limit the size of collection vehicles to a maximum of twenty-five (25) cubic
yards. The use of any larger vehicles shall be subject to the approval of the City's
Representative. The Contractor shall provide sufficient equipment, in proper operating
condition, as determined by the City, in order to ensure that regular schedules and routes of
collection are maintained. Equipment shall be maintained by the Contractor in a safe working
condition. Collection vehicles shall be painted uniformly in color by the Contractor subject to
approval (by the City), with the name of the Contractor and the Contractor's telephone number
printed on each side of the vehicle. No advertising shall be permitted on vehicles servicing the
City. The Contractor shall keep collection vehicles cleaned and painted to present a pleasing
appearance, as determined by the City's Representative. The ContractoCs vehicles shall not
unduly interfere with vehicular or pedestrian traffic and vehicles shall not be left standing on
streets unattended except as may be temporarily necessary by loading operations, and said
vehicles shall move with the traffic flow insofar as reasonably practicable.
12,2 COMMUNICATION
The Contractor shall equip each vehicle with a radio capable of communications with a central
dispatch. The purpose of said radio is to provide two-way communications for the purpose of
immediate correction of missed pickups or other problems with service, which may arise from
time to time. The Contractor shall maintain a central dispatch during working hours to provide
information to units in the field and to dispatch units to provide service or the correction of
problems.
12.3 SPILLAGE AND LITTER
The Contractor shall not litter or cause any spillage to occur on private property or the public
rights-of-way during collection services. The Contractor's collection vehicles shall be equipped
with containers, lids, other appropriate covering or enclosed so that leaking, spilling and
blowing of litter or spillage is prevented and remedied to the satisfaction of the City. The
Contractor shall immediately clean up all litter and spillage caused by the Contractor. The
Contractor shall equip all collection vehicles with brooms, shovels, absorbent material, a leak
proof absorbent material receptacle and any other tools necessary to clean up any spillage or
fluid leakage.
SECTION 13: EMPLOYMENT AND WORKING CONDITIONS
13.1 LAWS
The Contractor shall comply with all applicable State and Federal laws relating to wages, hours
and all other applicable laws relating to the employment or protection of employees, now or
hereafter in effect.
13.2 FEDERAL MINIMUM WAGE
The Contractor shall pay all employees not less than the Federal minimum wage and shall
abide by any and all other requirements as established by the Fair Labor Standards Act, as
amended from time-to-time.
13.3 EMPLOYEES IN GENERAL
Page 41 of 54
14.1
15.1
No person convicted of (a) crime (s) and/or repeated non-criminal violations of traffic laws
which demonstrate a propensity to unfaithfully fulfill the duties of employment such as, but not
limited to, larcenous activity, aggravated battery or other violence, those relating to the
operation of motor vehicles, and any crime for which civil rights have been removed within two
(2) years of the date of service to the City shall be employed by the Contractor. The decisions
of the City's Representative as to such matters shall be final.
SECTION 14: DESIGNATED SOLID WASTE DISPOSAL FACILITY
All solid waste, bulk waste, yard waste and construction and demolition debris collected as a
result of performing collection services in the City shall be delivered to a designated Florida
Department of Environmental Protection permitted solid waste disposal facility as directed by
the City.
Solid waste, bulk waste, yard waste and construction and demolition debris collected by the
Contractor shall be the property of the City, although the Contractor shall be responsible for all
fees and costs. Verification of source of Icad and weight ticket must be maintained by the
Contractor and copies given to the City monthly.
The City's preference of a disposal facility to be used by the Contractor is Seminole County.
Contractor shall haul and dispose of all solid waste, bulk waste, yard waste and construction
and demolition debris collected in the City to either the Seminole County Landfill or the
Seminole County Transfer Station. The City may change the disposal facility at its sole
discretion.
The same set of performance standards shall apply to any other disposal facility used by the
Contractor if approved by the City. City also shall have the right to change and mandate use
by the Contractor of alternative disposal facilities if one is found with a lower tipping fee and is
deemed in the best interest of the City.
The Contractor is prohibited from entering into any contract with a disposal facility committing
the City's solid waste, bulk waste and yard waste or construction and demolition debris stream
or any other service set forth herein. Any contract made by the Contractor shall be considered
null and void by the City and shall be grounds for the City to declare a default of this contract.
The City may terminate this Contract by providing ninety (90) days written notice to the
Contractor or such lesser period of time if the City determines that such termination is
necessary on the basis of protecting the public health, safety or welfare. The Contractor shall
continue to provide services during the said ninety (90) day period or such other period of time
as the City may determine to be necessary or desirable.
The City may charge the Contractor a liquidated damage equal to the overcharging of disposal
cost between what the Contractor paid to any disposal facility and what the Contractor charged
the City or the Customer. The liquidated damages shall be deducted from the Contractor's
monthly invoice. Contractor will also be subject to additional liquidated damages as set forth
herein.
SECTION 15: DESIGNATED MATERIALS RECYCLING FACILITY
All recyclable materials collected as a result of performing recycling collection services in the
City shall be delivered to the designated Materials Recycling Facility (MRF) as directed by the
City.
Recyclable materials collected by the Contractor shall be the property of the City. The
Contractor shall be responsible for all fees and costs, with the exception of normal and
appropriate recyclable processing fees, if any, charged by the designated Materials Recycling
Facility, which fees, the City shall incur. All revenues derived from the sale of recyclables shall
be paid to the City. The City shall receive the recycling revenue check directly from the
Recycling Facility on a monthly basis with a detailed report indicating the weight, type and
prices paid for the recyclables. The Contractor shall maintain records of all receipts received
from the Materials Recycling Facility which will be verified with the City's report from the
Materials Recycling Facility indicating the material's sold each month.
The City's preference of Materials Recycling Facility (MRF) is Seminole County. Contractor
shall haul and dispose of all recycling materials collected in the City to the Seminole County
Materials Recycling Facility. The City may change the Materials Recycling Facility at its sole
discretion.
The same set of performance standards shall apply to any other Materials Recycling Facility
used by the Contractor if approved by the City. City also shall have the right to change and
mandate use by the Contractor of alternative Materials Recycling Facilities if one is found with
a lower processing fee and/or that pays a higher price for recyclables and is deemed in the
best interest of the City.
The Contractor is prohibited from entering into any contract with a Materials Recycling Facility
committing the City's recyclable material stream or any other service set forth herein. Any
contract made by the Contractor shall be considered null and void by the City and shall be
grounds for the City to declare a default of this contract. The City may terminate this Contract
by providing ninety (90) days written notice to the Contractor or such lesser period of time if the
City determines that such termination is necessary on the basis of protecting the public health,
safety or welfare. The Contractor shall continue to provide services during the said ninety (90)
day period or such other period of time as the City may determine to be necessary or
desirable.
The City may charge the Contractor a liquidated damage equal to the amount of money
received by the Contractor from any Materials Recycling Fadlity for the recyclable materials
not delivered to the City's designated Materials Recycling Facility. The liquidated damages
shall be deducted from the Contractor's monthly invoice. Contractor will also be subject to
additional liquidated damages as set forth herein.
15.1.1 Commin,qlinR
In the event the Contractor commingles solid waste with the recyclable materials, the City may
charge the Contractor liquidated damages for the loss of recyclables. The liquidate damages
will be an amount equal to the monthly average of revenue received for recyclables. The
revenue due to the City for the loss recyclables for that period shall be deducted from the
Contractor's invoice for that month. The Contractor shall also be subject to additional
liquidated damages as set forth herein.
15.1.2 Recyclin,q Materials Status Report
The Contractor shall submit a recyclable materials status report to the City on a monthly basis
to include at least all of the following:
(Al Summary of all tonnages of recydables collected by category.
Page 43 of 54
(B) Details of problems in the recyclable materials collection operation.
(C) Measures taken to resolve problems, increase efficiency, and household
participation.
SECTION 16: COMPLIANCE WITH LAWS AND REGULATIONS
The Contractor hereby agrees to abide by all applicable Federal, State, County and City laws and
regulations including Federal, State, County and City laws, rules and regulations relating to solid
waste, construction and demolition debris and recycling. The Contractor and its surety shall
indemnify and save harmless the City, all its officers, representatives, agents and employees, both
elected and appointed, against any claim or liability arising from or based on the violation of any such
laws, ordinances, regulations or orders whether by itself, its employees or its subcontractors, or which
may arise out of or resulting from the Contractor's breach of its obligations under this Agreement.
This clause shall apply not only during the term of this Agreement, but also as to any claim, liability, or
damages which are based on the Contractor's conduct during the term of this Agreement and in the
event the City is charged with the responsibility, jointly or severally, for the aforementioned conduct
as a successor to the Contractor.
The Contractor, by executing this Agreement, represents that no person who is or who shares in legal
or factual control of the affairs and policies of the business entity as a whole is under indictment or
has been convicted within the five (5) years immediately prior to the date of this Agreement in a local,
State or Federal Court for an offense involving moral turpitude arising from the person's relationship
with a governmental agency.
SECTION 17: REPORTS OF OPERATIONS
At Contractor's expense, for the term of this Agreement, an independent auditor actively licensed, as
a Certified Public Accountant shall make annual audits. Such audits shall set forth a statement of
gross receipts of the Contractor for the services rendered under this Agreement, and a statement of
the expenses incurred with sufficient detail to indicate the origin of such expenses. Annual audits
shall be submitted to the City's Representative October 1 each year. Said annual audit shall include,
but not be limited to, an audit of the actual disposal costs of Contractor in disposing of all residential
and commercial solid waste, bulk waste, yard waste, construction and demolition debris and
recyclable materials in performance of this Agreement.
The Contractor shall maintain and provide to the City's Representative, quarterly, information from the
previous quarter, adequate to determine the volume of solid waste collected and any other
information required by the City, County or State of Florida to meet the requirements of the Solid
Waste Management Act and/or to obtain grant funds from the Solid Waste Management Fund or any
other potential governmental grant program.
The Contractor will maintain any reporting procedures deemed necessary by the City in order for the
City to determine the success of the Recycling Program. In addition, Contractor shall provide such
reports, information, and other data as the City may reasonably request or require in order to comply
with the provisions of Chapter 403, Part IV, Florida Statutes, and any and all other applicable
statutes, rules, regulations, ordinances and inter-local governmental agreements.
SECTION 18: PUBLIC RECORDS / AUDITS
Contractor shall maintain books, records, documents, time and costs accounts and other evidence
directly related to its performance of services under this Agreement. The City, or any of its duly
Page 44 of 54
authorized representatives, shall have access within twenty-four (24) hours notice to such books,
records, documents time records and cost accounts and other evidence for inspection, audit and
copying. Copying of the Contractor's books, records, documents, time records and cost accounts
and other evidence shall be at the Contractor's expense. The Contractor shall maintain and allow
access to the records required under this Section for a period of five (5) years after the completion of
the services provided under this Agreement and date of final payment for said services, or date of
termination of this Agreement. The City may perform, or cause to have performed, an audit of the
records of Contractor before or after payments to support payments. This audit shall be performed at
a time mutually agreeable to Contractor and the City subsequent to the close of a Contract year. In
the event of any audit or inspection conducted reveals any overpayment by the City under the terms
of the Agreement, the Contractor shall refund such overpayment to the City within thirty (30) days of
notice by the City of the request for the refund, and the City shall pay for the cost of the audit. The
Contractor agrees to fully comply with all State laws relating to public records to include, but not be
limited to, Chapter 119, Florida Statutes, and Article I, Section 24 of the Constitution of the State of
Florida.
SECTION 19: INSURANCE
19.1 MINIMUM INSURANCE REQUIRED
19.1.1 General
The Contractor shall, at the Contractor's own cost, procure and maintain the insurance
required under this Section for the duration of this Contract. The Contractor shall not allow any
subcontractor to commence work on subcontracts until after the City has approved them and
similar insurance of the subcontractor has been obtained and approved by the City.
(1) The Contractor shall furnish the City's Representative with a Certificate of Insurance
signed by an authorized representative of the insurer evidencing the insurance required by this
Section (Workers' Compensation/Employers' Liability, Commercial General Liability and
Business Automobile). The City of Sanford shall be additional insured's. The Certificate of
Insurance shall provide that the City shall be given not less than thirty (30) days written notice
before the cancellation or restriction of coverage. Throughout the duration of this Agreement,
the Contractor shall provide the City with a renewal or replacement Certificate of Insurance not
less than thirty (30) days before expiration or replacement of the insurance for which a
previous certificate has been provided.
(2) The Certificate shall contain a statement that it is being provided in accordance with this
Agreement and that the insurance is in full com¢iance with the requirements of this
Agreement; provided further, that in lieu of the statement on the Certificate, the Contractor
shall, at the option of the City, submit a sworn, notarized statement from an authorized
representative of the insurer that the Certificate is being provided in accordance with this
Agreement and that the insurance is in full compliance with the requirements of this
Agreement.
(3) In addition to providing the Certificate of Insurance, if required by the City, the
Contractor shall, within thirty (30) days after receipt of the request, provide the City with a
certified copy of each of the policies of insurance providing the coverage required by this
section.
Paec 45 of 54
(4) Neither approval by the City nor failure to disapprove the insurance furnished by a
Contractor shall relieve the Contractor of the Contractor's full responsibility for liability,
damages and accidents.
19.1.2 Insurance Company Requirements
Insurance companies providing the insurance under this Agreement must meet the following
requirements:
(1) Companies issuing policies, other than Workers' Compensation, must be authorized by
maintaining Certificates of Authority issued to the companies by the Department of Insurance
of the State of Florida to conduct business in the State of Florida. Companies authorized as a
group self-insurer by Section 440.57, Florida Statutes, may issue policies for Workers'
Compensation.
(2) In addition, such companies other than those authorized by Section 44057, Florida
Statutes, shall have and maintain a Best's Rating of "A" or better and a Financial Size
Category of "VII" or better according to A.M. Best Company. Companies who are members of
the Florida Joint Underwriting Association in lieu of the Best's Rating may issue the Business
Auto Policy.
(3) If, duY~ng the period which an insurance company is providing the insurance coverage
required by this Agreement, an insurance company shall: 1 ) lose its Certificate of Authority, 2)
no longer comply with Section 440.57, Florida Statutes, or 3) fail to maintain the Best's Rating
and Financial Size Category, the Contractor shall, as soon as the Contractor has knowledge of
any such circumstance, immediately notify the City and immediately replace the insurance
coverage provided by the insurance company with a different insurance company meeting the
requirements of this Agreement. Until the Contractor has replaced the unacceptable insurer
with an insurer acceptable to the City, the Contractor shall be deemed to be in material default
of this Agreement.
19.1.3 Specifications
Without limiting any of the other obligations or liability of the Contractor, the Contractor shall, at
the Contractor's sole expense, procure, maintain and keep in force amounts and types of
insurance conforming to the minimum requirements set forth in this subsection. Except as
otherwise specified in this Agreement, the insurance shall become effective prior to the
commencement of work by the Contractor and shall be maintained in force until the Agreement
termination date. The amounts and types of insurance shall conform to the following minimum
requirements. Failure to maintain insurance shall be a per se breach of this Franchise
Agreement.
(1) Workers' Compensation/Employers' Liability
(A) The Contractor's insurance shall cover the Contractor and its subcontractors of every
tier for those sources of liability which would be covered by the latest edition of the standard
Workers' Compensation Policy, as filed for use in Florida by the National Council on
Compensation Insurance, without restrictive endorsements. In addition to coverage for the
Florida Workers' Compensation Act, where appropriate, coverage is to be included for any
other applicable Federal or State law.
(B) Subject to the restrictions of coverage found in the standard Workers' Compensation
Policy, there shall be no maximum limit on the amount of coverage for liability imposed by the
Pa~e 46 of 54
Florida Workers' Compensation Act, the United States Longshoremen's and Harbor Workers'
Compensation Act or any other coverage customarily insured under Part One of the standard
Workers' Compensation Policy.
(C) The minimum amount of coverage under Part Two of the standard Workers'
Compensation Policy shall be:
LIMITS
(2)
$500,000.00
$500,000.00
$500,000.00
Commercial GeneralLiability
(Each Accident)
(Disease Each Employee)
(Disease Policy Limit)
(A) The Contractor's insurance shall cover the Contractor for those sources of liability which
would be covered by the latest edition of the standard Commercial General Liability Coverage
Form (ISO Form CG 00 01), as filed for use in the State of Florida by the Insurance Service
Office, without the attachment of restrictive endorsements other than the elimination of
Coverage C, Medical Payment and the elimination of coverage for Fire Damage Legal Liability.
(B) The Contractor shall maintain separate limits of coverage applicable only to the work
performed under this Agreement. The minimum limits to be maintained by the Contractor
(inclusive of any amounts provided by an Umbrella or Excess policy) shall be those that would
be provided with the attachment of the Amendment of Limits of Insurance (Designated Project
or Premises) endorsement (ISO Form CG 25 01) to a Commercial General Liability Policy with
amount specified for each project:
LIMITS
General Aggregate
Personal Injury &
Advertising Limit
General Liability Per
Occurrence Bodily Injury
& Property Damage
$5,000,000.00
$5,000,000.00
$5,000,000.00
(3) Business Automobile Liability
(A) The Contractor's insurance shall cover the Contractor for those sources of liability which
would be covered by Park IV of the latest edition of the standard Business Auto Policy (ISO
Form CA 00 01), as filed for use in the State of Florida by the Insurance Services Office,
without the attachment of restrictive endorsements. Coverage shall include owned, non-
owned and hired autos.
(B) The minimum limits to be maintained by the Contractor (inclusive of any amounts
provided by an Umbrella or Excess Policy) shall be per accident combined single limit for
bodily injury liability and property damage liability. If the coverage is subject to an aggregate,
the Contractor shall maintain separate aggregate limits of coverage applicable to claims arising
Page 47 of 54
out of or in connection with the work under this Agreement. The separate aggregate limits to
be maintained by the Contractor shall apply separately to each policy year or part thereof.
(C) The minimum amount of coverage under the Business Automobile Liability shall be:
LIMITS
$5,000,000.00
Bodily Injury and Property
Damage Liability Combined
Per Occurrence
i. Coverage. The insurance provided by Contractor pursuant to this Agreement
shall apply on a primary basis and any other insurance or self-insurance maintained by the
City of Sanford shall be excess of and not contributing with the insurance provided by or on
behalf of the Contractor.
ii. Occurrence Basis. The Workers' Compensation Policy, Commercial General
Liability and Business Auto Policy required by this Agreement shall be provided on an
occurrence rather than a claims-made basis.
iii. Obligations. Compliance with the foregoing insurance requirements shall not
relieve the Contractor, its employees or agents of liability from any obligations under a Section
or any other portions of this Agreement.
SECTION 20: INDEMNIFICATION/LIABILITY
The Contractor shall be liable for all damages or injury to persons or property caused by its actions,
errors, omissions, neglect or mismanagement, or by the actions of any of its officers, agents and
employees while engaged in the operations herein authorized, and for any actions or proceedings
brought as a result of the award of the franchise or Contract to the Contractor, to specifically include,
but not be limited to, anti-trust actions or proceedings. Should the City be sued therefore, the
Contractor shall be notified of such suit and, thereupon, the Contractor shall have the duty to defend
the suit. Should judgment be awarded against the City in any such case, the Contractor shall
forthwith pay the same and relieve the City of any obligations relating thereto. The Contractor shall
indemnify and save harmless the City, its agents, officers and employees from any and all judgments
recovered by anyone for personal injury, death or property damage, or any other theory of liability
sustained by reason of any of the Contractor's activities permitted by this franchise or for any actions
of proceedings brought as a result of the award of this franchise to the Contractor to specifically
include, but not limited to, Anti-trust actions or proceedings. The Contractor shall pay all expenses
including, but not limited to, defense and legal costs and attorney's fees, in defending against any
such claim made against the City or any of the City's agents, officers or employees.
Nothing set forth in this Franchise Agreement shall be deemed or construed as a waiver of sovereign
immunity by the City and the City shal~ have all rights and protections provided under Section 768.28,
Florida Statues, and other applicable law.
SECTION 21: PUBLIC CONVENIENCE AND SAFETY/INDEMNIFICATION
The Contractor shall at all times observe any and all City codes, ordinances, rules and regulations
controlling or limiting those engaged in the services provided as presently or in the future enacted.
The Contractor and its surety hereby expressly bind themselves to indemnify, save the City harmless
and defend the City from all suits or actions of every name and description brought against said City
for or on account of any injuries or damages received or sustained by any party or parties from the
acts, omissions or negligence of the said Contractor, or its servants or agents including, but not
limited to, subcontractors, in doing the services herein contracted for, by, or in consequence of any
negligence in guarding against same, or in any improper materials or equipment used in its
performance or by or on account of any act or omission of the said Contractor, or on account of any
claims or amounts recovered for infringement of patent, trademark or copyright, or from any claims or
amount arising or recovered under the Workers' Compensation laws or any other laws. The
Contractor hereby covenants not to sue the City relative to such matters and recognizes that the City
has not waived sovereign immunity or its protections under State law including, but not limited to, the
provisions of Section 768.28, Florida Statutes.
SECTION 22: LIQUIDATED DAMAGES
It is the intent of the City to ensure that the Contractor provides a quality level of Collection,
Transportation, and Disposal Services. All complaints received by the City and reported to the
Contractor shall be promptly resolved.
It shall be the duty of the Contractor to take whatever steps are necessary to remedy the complaint.
Failure to remedy the complaint may result in liquidated damages against the Contractor. In
assessing liquidated damages, consideration will be given to extreme weather conditions or other
circumstances beyond the Contractor's control. Liquidated damages will be assessed in the following
amounts, and as otherwise set forth in this Agreement, it being recognized by the parties that the
precise computation of damages can not be reasonably calculated and the parties recognize that the
following stated amounts constitute reasonable damages for the enumerated violations and not
penalties:
(Al Failure to resolve complaints as required by this Contract:
$20.00 3er incident
(B) Failure or neglect to execute non-collection procedures:
$50.00 ~er incident
(C) Failure to clean up/remedy spillage or fluid leakage caused by the Contractor:
$50.00 ~er incident
(D) Failure to pickup dead animals, fish, etc., within the required period:
$50.00 ~er incident
(El Changing collection days without proper authorization or notifications:
$50.00 ~er incident
(Fl Failure to have personnel in proper uniform:
$50.00 )er incident per day
(Gl Failure to maintain equipment in a clean, safe and sanitary manner:
$50.00 )er incident per day
(H) Failure to deliver, replace or repair Garbage Cans, Recycling Bins, Carts, Front-Load or
Roll-Off Containers within the required period or failure to maintain sufficient amounts and
sizes of Garbage Cans, Recycling Bins, Carts, Front-Load or Roll-Off Containers as required:
Page 49 of 54
$50.00 per incident per day
(I) Failure to maintain or submit to the City all documents and reports as required or
requested under the provisions of this Contract:
$100.00 per incident per day
(J) Failure to properly cover materials in Collection Vehicles:
$100.00 per incident per day
(K) Failure or neglect to display the Contractor's name and phone number on Collection
Vehicles or Containers or failure or neglect to identify recyclable material containers:
$100.00 per incident per day
(L) Failure or neglect to complete each route on the regular scheduled Collection day:
$500.00 per route per day not completed
(M) Failure to comply with the hours of operation as required by this Contract:
$500.00 per incident per day
(N) Failure to maintain office hours as required by this Contract:
$500.00 per incident per day
(O) Failure to remit franchise fee payment to the City by the 20th day of the month:
$500.00 per incident per day
(P) Breach of Contract:
$1,000.00 per incident per day
(Q) Failure to deliver any Residential or Commercial Materials to the City's designated
Disposal Facility, Materials Recycling Facility, or commingling solid waste and recyclables will
result in the following penalties:
First Offence:
Second Offence:
Third Offence:
$1,000.00
$2,500.00
Termination of Contract with ninety (90) days
written notice
(R) Failure to provide Insurance Certificates or documents as required:
First Offence: $1,000.00 per incident per day
Withhold monthly payment until received
Second Offence: $2,500.00 per incident per day
Withhold monthly payment until received
Third Offence: Termination of Contract with ninety (90) days
written notice
(S) Any violation not specifically stated herein:
$50.00 per incident per day
Page 5O of 54
The City may assess and invoice for payment of liquidated damages pursuant to the above schedule
on a monthly basis at the end of each month during the term of this Contract and will deduct such
liquidated damages from the payment of the curbside and front-load collection services for the
corresponding month in which the charge was imposed. The City will notify the Contractor in writing
of the liquidated damages assessed and the basis for each assessment. In the event the Contractor
wishes to contest such assessment, it shall within five (5) days after receiving such notice, request in
writing a hearing date before the City's Representative to present its defense to such assessment.
The City's Representative shall notify Contractor in writing of any action taken with respect to the
Contractor's claims and the decision of the City's Representative will be the final.
If the Contractor has frequently, regularly or repetitively defaulted in the performance of any of the
material conditions or requirements contained in this Contract, the City Commission may in its sole
discretion deem the Contractor to be a habitual violator, regardless of whether the Contractor has
corrected each individual condition of default. Under such circumstances, the Contractor shall forfeit
its right to any grace period to correct or cure future defaults. All of the Contractor's prior defaults
shall be considered cumulative and collectively shall constitute a condition of irredeemable default.
The City shall issue a written notice to the Contractor that the Contractor has been deemed a habitual
violator and any single default by the Contractor of whatever nature shall be grounds for termination
of this Contract. In the event of any such subsequent default, the City may terminate this Contract by
giving a 90-day written notice to the Contractor. The Contractor sha~l continue to provide services
during the ninety (90) day period.
SECTION 23: OPERATIONS DURING DISPUTE
In the event the City Commission finds that the Contractor has failed or is failing to perform
obligations of this Contract, or if a dispute arises with respect to items of equipment, the City
Commission may enter a formal finding of that fact upon the minutes of the duly constituted City
Commission meeting and send a certified copy of such finding by registered or certified mail to the
Contractor, or have same delivered to the Contractor personally. In such event, the Contractor
agrees that the City shall thereupon be entitled to take over all operations under this Contract, and
the Contractor shall cooperate to the extent necessary to enable the City to do so.
The Contractor expressly recognizes the paramount right and duty of the City to provide adequate
solid waste and recyclable material collection, transportation and disposal services as necessary
governmental functions; and further agrees in consideration for the execution of this Contract, that in
the event the City shall invoke the provisions of this Section, it will not seek injunctive or other relief in
any Court, but will either negotiate with the City for an adjustment on the matter or matters in dispute,
or present the matter to a court of competent jurisdiction in an appropriate suit therefore instituted.
SECTION 24: INTERPRETATION/APPLICABLE LAWNENUE
The laws of the State of Florida shall govern this Contract. Any legal action necessary arising out of
the Contract will have its venue in Seminole County and the Contract will be interpreted according to
the laws of Florida. No remedy herein conferred upon any party is intended to be exclusive of any
other remedy, and each and every other remedy given hereunder or now or hereafter existing at law
or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power,
or remedy hereunder shall preclude any other further exercise thereof. Waiver of a default shall not
be deemed a waiver of any subsequent defaults. In any action brought by either party for the
enforcement of the obligations of the other party, the prevailing party shall be entitled to recover
reasonable attorney's fees and court costs. The specific provisions of this Contract shall prevail over
the generality of the foregoing.
Page 51 of 54
SECTION 25: AMENDMENTS
Amendments to this Contract may only be made with the mutual consent of the parties and in
accordance with the City Charter, City Code and other applicable laws and ordinances. No
amendments and/or modifications of this Contract shall be valid unless in writing and signed by each
of the parties.
SECTION 26: COMPLIANCE WITH CITY CODE
The Contractor agrees to comply with all City codes, ordinances, rules and regulations as may be in
effect from time-to-time.
SECTION 27: CONFLICTS IN CONTRACT LANGUAGE
In the event there are discrepancies, conflict or ambiguity between the language contained in the
ordinances governing solid waste and recyclable materials and this Franchise Agreement, the
Franchise Agreement shall take precedence and govern consistent with the provision of the City
Code pertaining to interpretation of the City Code vis-a-vis the provisions of this Franchise
Agreement.
SECTION 28: EQUAL OPPORTUNITY EMPLOYMENT/EMPLOYMENT ISSUES
Contractor agrees that it will not discriminate against any employee or applicant for employment for
work relating to the services provided under this Agreement because of race, color, religion, sex, age,
national origin or disability and will take affirmative steps to insure that applicants are employed and
employees are treated during employment without regard to race, color, religion, sex, age, national
origin or disability. This provision shall include, but not be limited to, the following: employment,
upgrading, demoting or transfer; recruitment advertising; layoff or termination; rates of pay or their
forms of compensation; and selection for training, including apprenticeship. The Contractor shall not
engage in any form of sexual harassment, shall ensure compliance with the Americans with
Disabilities Act (ADA), and all other applicable laws, rules and regulations. The Contractor shall not
knowingly employ unauthorized alien workers, constituting a violation of the employment provisions
contained in 8 United States Code Section 1324a(e) or Section 274A(e) of the Immigration and
Nationally Act (INA). The City shall consider the employment by the Contractor of unauthorized
aliens, a violation of Section 274A (e) of the INA. Such violation by the Contractor of the
employment provisions contained in Section 274A (e) of the INA shall be grounds for unilateral
cancellation of this Agreement by the City. The Contractor agrees to comply with Federal, State, and
local environmental, health, and safety laws and regulations applicable to the work the services that
the Contractor agrees to provide under this Agreement.
SECTION 29: BINDING EFFECT
Each party hereto represents to the other that it has undertaken all necessary actions to execute this
Agreement, and that it has the legal authority to enter into this Agreement and to undertake all
obligations imposed on it. The signatories hereof represent that they have the requisite and legal
authority to execute this Agreement and bind the respective parties herein.
SECTION 30: TIME IS OF THE ESSENCE
Time is of the essence of the lawful performance of the duties and obligations contained in this
Agreement. The parties covenant and agree that they shall diligently and expeditiously pursue their
respective obligations set forth in this Agreement.
SECTION 31: CONSTRUCTION OR INTERPRETATION OF THE AGREEMENT
Page 52 of 54
This Agreement is the result of bona fide arms length negotiations between the parties and all parties
have contributed substantially and materially to the preparation of the Agreement. Accordingly, this
Agreement shall not be construed or interpreted more strictly against any one (1) party than against
any other party both parties having participated in the drafting of this Agreement.
Whenever a decision is provided for herein which is to be made by the City's Representative, such
decision must be in writing in order to be binding upon the City.
SECTION 32: CONFLICT OF INTEREST
The parties agree that they will not engage in any action that would create a conflict of interest in the
performance of their respective obligations pursuant to this Agreement or which would violate or
cause others to violate the provisions of Part III, Chapter 112, Florida Statutes, relating to ethics in
government.
SECTION 33: ENTIRE AGREEMENT/MODIFICATION
33.1 This Agreement constitutes the complete, integrated and entire agreement between the parties
with respect to the subject matter hereof, and supersedes all prior agreements, arrangements,
contracts or understandings, whether orat or written, between the parties relating thereto, all of
which have been integrated herein.
33.2 This Agreement may not be amended, changed, or modified and material provisions
hereunder may not be waived, except by a written document, of equal dignity herewith and
signed by alt parties to this Agreement.
SECTION 34: COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be deemed an
original, but alt of which, taken together, shall constitute one and the same document.
Attest:
Brian A. Goebel
Assistant Corporate
(CORPORATE SEAL)
FI ori d/~,. i,~ Se~ces,~// /
By: ,/ ..,/F~,H~ ? ,' (/(//¢~4/'~
Char eLl~s A. Wilcox
Corporate President
City of Sanford, Florida
Al Grieshaber, Jr., City IVl(a~er
(As approved by the City Commission).
Page 53 of 54
Janet I~ougherty, City Cterk~' (/
Approved as to form:
William L. Colbert, Esquire
City Attorney