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HomeMy WebLinkAboutResolution No. 1978-14 MICROFILMED 4-10-80 8 LI..:". 'tea i:; ‘J .iii' V,52 RESOLUTION NO. 78-145 ;r`�' I �a 7 -7 �) � �r� 1 A RESOLUTION AUTHORIZING THE MAYOR AND d� J CLERK OF THE CITY OF CAPE CANAVERAL, FLORIDA, TO EXECUTE A GARBAGE AND RUBBISH COLLECTION AGREEMENT WITH FLECKINGER REFUSE, INC. ; PROVIDING AN EFFECTIVE DATE. "- BE IT RESOLVED by the City Council of the City of Cape Canaveral, i Florida, as follows: SECTION 1. The Mayor and City Clerk of the City of Cape Canaveral, Florida, are hereby authorized to execute an:agreement with Fleckinger _. Refuse, Inc. , for the collection of garbage and rubbish in the City of Cape i,_. Canaveral. A copy of said agreement is attached hereto and by reference incorporated into this resolution. SECTION 2. This resolution shall become effective immediately upon its adoption. ADOPTED by the City Council of the City of Cape Canaveral, Florida, , this 13 day of April , 1978. 4,,..:,,,-;;,,,,,,,, 2‘,/ •C77/1_4 "." if, L , / ayor : tie � .�' i —} ff.,,,--- e k v'"> er-k / YES NO Y., �[• ,. ,o NAME j G 1, BOYD 111 i Approv07_as--to form: • \` R1GERMAN x I I 0 THUR�M Ci Attorney 2,, i_ , / - 1 GARBAGE AND RUBBISH COLLECTION AGREEMENT THIS AGREEMENT, made and entered into this 21 day of April , 1978, by and between the CITY OF CAPE C ANAVERAL, a municipal corporation duly organized and located in Brevard County, Florida, hereinafter referred to as the City and FLECKINCER REFUSE, INC., herein- after referred to as the Collector, WITN ESS13TI J: The City and the Collector, in consideration of the mutual covenants, agreements and considerations contained herein, agree as follows: 1. EXCLUSIVE CONTRACT The City grants to the Collector the exclusive right and obligation to provide solid waste collection services within the City boundaries, present and future, except as so stated In this contract. 2. TERM The term of this contract shall be a period of five (5) years beginning May 1, 1978 and terminating April 30, 1983. 3. OPTION TO RENEW The parties hereto may extend this contract for one (1) year terms by mutual consent In writing at least ninety (90) days prior to the expirationof the current term. 4. SERVICE (a) Refuse pickup shall occur twice weekly from all locations unless specified otherwise. Pickup will be from tlu., customer's container location (back yard service) or preselected dumpster locations. The Collector's collection schedule will be approved by the City. (b) The Collector will provide dumpster containers for apartment complexes and all condominium complexes unless specifically excluded. Containers will also be provided businesses requiring such containers. (c) All containers provided by the Collector for use on this contract shall be new and of a type acceptable to the City. All Collector's containers supplied shall be equipped with easy opening, positive closing lids. (d) A once a week trash pickup service shall be provided for all, non- containerized trash placed at curb side, at no cost. (e) The Collector shall pick up all refuse and trash from all City facilities, including parks and recreational complexes, and containers at all beach end streets, at no cost to the City. 5. HOURS Residential: Collection shall be made In residential areas beginning no earlier than 7:00 a. m. Collection shall not occur after 6:00 p, m. or on Sundays, except In time of emergency. Commercial: Collections may be made at shopping centers and primarily business and industrial centers, at night or early morning hours if Immediate residential areas are not disturbed by such collections. 6. SPILLAGE AND LITTER The Collector shall not litter premises In the process of making collections. During hauling, all solid waste shall be contained, tied or enclosed so that leaking, spilling or blowing are prevented. In the event of spillage by the Collector, the Collector shall promptly clean up tile litter. 7. APPROVED CONTAINERS All commercial containers (dumpsters) serviced by the Collector shall be provided by the Collector. Amounts and types of refuse placed for residential collection shall be stored in containers of a type acceptable to the City. B. UNAPPROVED CONTAINERS The Collector shall not be required to collect refuse unless it is in approved containers, except as provided for by the once a week trash pickup. 9. SPECIAL MATERIALS The Collector may provide haul service for materials not routinely 2. it generated in residential areas, e.g., construction debris. Collection shall be as negotiated by the customer and the Collector. 10. EXTRAORDINARY MATERIALS Hazardous wastes, body wastes, dead animals, abandoned vehicles, vehicle parts, large equipment and parts thereto will not be collected by the Collector unless specifically directed by the City and agreed to by the Collector, at a price to be negotiated per individual collection. 11. COLLECTION EQUIPMENT (a) The Collector shall have on hand at all times, in good working order, such equipment as shall permit the Collector, adequately and efficiently, to perform its duties hereunder. The equipment shall be purchased from a nationally known and recognized manufacturer. (b) The Collector shall maintain all collection equipment in good repair, acceptable appearance, clean and sanitary at all times. The Collector shall have available for its use at any time, reservecquip- ment which it can put into operation within twelve (12) hours of any breakdown. Reserve equipment must be capable of performing in such a manner as will allow the Collector to meet the general terms of its contract. (c) The Collector will be responsible for all commercial (dumpster) container maintenance and upkeep. Collector shall not allow same to become rusty and dilapidated, but shall maintain it in a neat and operable condition. (d) The Collector will be required to spray with disinfectant, all commercial ( dumpster) containers once each thirty (30) days. 12. OFFICE The Collector shall use its existing office facility at 3303 Lake Drive, Cocoa, Florida. The Collector will provide radio communication from Its office to all vehicles operating in the City of Cape Canaveral. The Collector shall also provide emergency telephone service at all hours which its office is not open. 3. 13. TITLE TO WASTE Tile City shall have vested title to all solid waste materials generated within the corporate limits of the City, including all rights to recycling said materials. 14. DISPOSAL All solid waste shall be transported to the Brevard County, Florida operated Solid Waste Disposal station as required by County Ordinance. The City may provide for recycling solid waste, if not otherwise prohibited by late. 15. DEFINITIONS (a) Approved Container shall mean industrial containers as defined herein, and trash cans provided by customer and acceptable to the City. (b) Bulk Container - shall mean a fifty -five (55) gallon drum supplied by the City for temporary storage of refuse or trash at street end beach locations and other City recreational facilities. (c) Business - shall mean and include all retail, professional, wholesale and industrial facilities and any other commercial enterprises offering goods or services to the public. (d) Commercial - shall mean and Include all dwellings and businesses serviced by an industrial container of two (2) cubic yard capacity or greater. (c) Containcrizcd business - shall mean and Include any business, multi- family dwelling or other structure whose garbage and /or trash is deposited in an approved container for removal by the Collector. (f) Ihtplex - shall mean and include a detached two- family dwelling designed or intended for occupancy by two (2) families. (g) Garbage - shall mean and Include all waste and accumulation of animal, fruit or vegetable matter that attends, or results from the A. u preparation, use, handling, cooking, serving or storage of meats, fish, fowl, fruit, vegetable matter, of any nature whatsoever, which is subject to decay, putrification, and the generation of noxious and offensive gases or odors, or which may serve as breeding or feeding materials for flies and /or other germ carrying insects. (h) Hazardous materials - shall mean wastes that are hazardous by reason of their pathological, explosive, radiological or toxic characteristics. (1) Horticultural trash.- accumulation of lawn, grass or shrubbery cuttings, or clippings and dry leaf rakings, palm fronds, small tree branches (shallnotexceed four (4) feet in length and thirty (30) inches in diameter), bushes, or shrubs, green leaf cuttings, coconuts, fruits, or other matter usually created as refuse in the care of lawns and yards, except large branches, trees or bulky or non- combustible materials not susceptible to normal loading. (j) Individual containers - shall mean containers provided by the residents for temporary storage of refuse. (k) Industrial - shall mean establishments generating waste accumulation of metal, metal products, minerals, chemicals, rock, cement, asphalt, tar, oil, grease, glass, crockery, tubber, tires, bottles, cons, lumber, sawdust, wastes from animal packing or slaughterhouses or materials usually created by industrial enterprises. (1) Industrial contalner - a two (2) cubic yard or larger container which can be emptied by mechanical means. (m) Multi- family dwelling - shall mean and include any building or structure containing four (4) or more contiguous living units and intended exclusively for residential use by single persons or families. 5. ror services required to be performed under this contract for solid waste collections and subsequent transportation to the Rrevard County Solid Waste Disposal Station, the rates shall be as follows: (a) Regularly scheduled twice weekly conventional backyard collection service for: 0) Single family residences and duplex living units at $3.70 per living unit per month. (2) Mobile home units at $2.50 per living unit per month. (3) Individual apartment or condominium units with trash cans at $2.50 per living unit per month. G. (n) Non - containerized business - shall mean and include any dwelling, business, apartment or other structure whose trash is deposited and collected by means other than a container. (o) Refuse - shall mean a combination of garbage, horticultural trash and small pieces of materials which are containerized for routine pickup. (p) Single - family residence - shall mean and include a detached single-family dwelling designed or intended for occupancy by one (1) person or by one (1) family. (q) Special material - shall mean those bulky materials or other special wastes that are not stored In approved containers and are not routinely generated in residential areas. (r) Trailer parks - shall mean and include any group of two (2) or more trailer lots operated as a commercial business to provide parking for mobile homes as living units. (s) Trash - combination of large horticultural trash and material which by the nature of its size cannot be containerized. (t) Triplex - shall mean and Include a detached three- family dwelling designed or intended for occupancy by three (3) families. 16. CHARGES AND RATES ror services required to be performed under this contract for solid waste collections and subsequent transportation to the Rrevard County Solid Waste Disposal Station, the rates shall be as follows: (a) Regularly scheduled twice weekly conventional backyard collection service for: 0) Single family residences and duplex living units at $3.70 per living unit per month. (2) Mobile home units at $2.50 per living unit per month. (3) Individual apartment or condominium units with trash cans at $2.50 per living unit per month. G. (4) Individual commercial business accounts with trash cans at $10.00 per month, or 60� per can per pickup. (b) Regularly scheduled twice weekly collection from collector supplied commercial dumpsters used by commercial businesses, apartment complexes and condominiums at $11.20 per container yard per month. (c) Special collection services in addition to the normally provided twice weekly service In paragraph (b) a bove at $1.60 per container yard per pickup. (d) For items rccpiring special handling due to size, weight, type of material or method of placement, the cinrges arc to be negotiated between Collector and the customer prior to collection. (c) Changes to the Brevard County dumping fees may occur during the period of this contract. If tills situation should occur, changes in these fees will be applied directly, up or down, to the rates of service herein quoted by the Collector. 17. PICKUP LOCATION Refuse shall be picked up from residential back yard locations, or preselected permanent industrial container locations. Residential containers shall not be placed inside fenced areas. Trash will be picked up from curb side locations. 18. CHANGES IN COST OF DOING BUSINESS The contract price will be adjusted up or down to compensate for any change in the cost of living. This adjustment shall only be applied against labor and supply cost for which the Collector can show escalation and will be paid in the specific amount of escalation not to exceed the computation in paragraph 2 below. 7. (a) (1) Adjustment of contract price. The contract price to be paid to the Collector during each year, beginning May 1, 1980, shall be ndjusted by any change in the cost of living determined In accordance with the formula set in subparagraph (2) below, but not to exceed actual cost increase. (2) Computation of adjustment in contract price. As promptly as practicable at the end of each contract year, beginning with the end of contract year ending April 30, 1980, during the term of this agreement, or any extension thereof, City shall compute the new contract price, using as the basis of such computation the "Consumer Price Index" - U. S. City Average "all items" (1967 =100), hereinafter called the Index, published by the Bureau of Labor Statistics of the United States repartment of Labor. The Index number for the month of February, 1978 shall be the "base Index number" and the corresponding Index number for the month of rebtuary in the year of each anniversary of this agreement, or any extension thereof, shall be the current index number. Beginning May 1, 1980 and each year thereafter, the now contract price shall be determined by dividing the current Index number (CIN) by the base Index number (BIN), in accordance with the following formula, dropping all digits after the hundredth: The new contract price= (CBN a the base year contract price as adjusted in paragraph (c) below. Any portion of the change in the annual contract price retroactively due shall be payable within five (5) days after the computation hereunder has been made. 8. Appropriate adjustment shall be promptly made in case there Is a published amendment of the Index figures upon which the computation is based. If publication of the Consumer Price Index is discontinued, the parties hereto shall accept comparable statistics on the cost of living as computed and published by an agency of the United States or by a responsible financial periodical or recognized authority then to be selected by the parties. (b) Increase or decrease in the standard Workmen's Compensation Insurance rate without experience modification based on actual payroll May 1, 1978 in the month following the change. (c) Addition or deletion of billed refuse accounts including residential, business and commercial which result in the placement or removal of containers. Contract shall be adjusted in the month following such placement or removal. 19. BILLING - CITY REFUSE ACCOUNTS The City of Cape Canaveral will be responsible for all billing and collection services associated with the City Refuse Accounts, except in those instances where this contract provides for the customer to negotiate special rates with the Collector. 20. CERTIFICATION OF CITY REFUSE_ ACCOUNTS The City of Cape Canaveral shall certify to the Collector on the last Friday of each calendar month the number and size of all individual and Industrial containers in service in the City. The Collector agrees that the City may, in the discretion of the City Manager, delete those dwellings or commercial units which are vacant or unoccupied, from the billing for each month. 21. PAYMENTS TO COLLECTOR The Collector shall submit to the City by the tenth (10th) of each month their statement for services provided during the preceding month. 9. The statement shall include line item billing for refuse service, trash service, special hauls and any County dumping fees imposed on tile Collector. 22. SERVICE - NEW AND DISCONTINUED - BILLING BY CITY The Collector shall commence service at any location within the Contract area upon notice from the City. The Collector shall discontinue collection service at any location when set forth in a written notice sent to him by the City. Upon further written notification by the City, the Collector shall resume service. Interim notices may be provided by telephone, with written confirmation to follow. No charge shall be made to the customer or City for the placement or removal of any container. 23. COMPLAINTS All complaints will be referred to and handled by the City. Complaints received by the City and considered to be serious in nature will be documented in writing and forwarded to the Collector for his investigation and correction or explanation. Collector's response to this type of complaint will be by written reply and will be made with three (3) working days after the complaint is received. The Collector's reply will Include specific actions taken to correct the area of concern. All routine contacts dealing with random omission of service, etc. , will be transmitted from the City to the Collector verbally and will be responded to by the Collector in an expeditious manner the same day the contact is made or immediately the following morning. 24. NOTIFICATION OF CUSTOMERS The City shall agree to initially notify all customers about complaint procedures, rates, regulations and day(s) of collection. 25. ROUTES AND SCIiEDULES The Collector shall provide the City with schedules of collection routes and keep such informittion current at all times. In the event of 10. changes in routes or schedules that will alter the day of pickup, the Collector shall so notify each customer affected by mail or news media not less than one 0) week prior to the change. 26. COLLECTOR'S PERSONNEL (a) The Collector shall assign a qualified person or persons to be in charge of its operations in the City, and shall give the name or names to the City. Information regarding the experience of this person or his successor(s) shall be furnished to the City. (b) The Collector shall require that its collection employees wear a clean uniform or shirt bearing the Collector's name. (c) The City may request the transfer or dismissal of any employee of the Collector who violates any provision of this contract, or who is wanton, negligent, or discourteous in the performance of his duties, as may be determined by the City Manager. 27. COLLECTION SERVICES The Collector shall be responsible for performing the following services within the City of Cape Canaveral: (a) Collection of all solid waste, both refuse and trash placed as required by paragraph 17, a minimum of twice weekly. (b) Collection of trash once a week throughout the City. (c) Deposit all trash and refuse collected hereunder at approved sites or facilities legally empowered to accept it as provided by the County and State governing agencies. (d) The Collector shall not be required to, but may, pick up refuse on those holidays on which the County dump is closed. (e) The employees of the Collector shall not be required to expose themselves to the danger of being bitten by vicious animals in order to perform their duties hereunder. IL (f) The Collector shall make collections of garbage and trash with as little disturbance as possible. Containers shall be thoroughly emptied and left at the premises where they are found. (g) All muting and scheduling of trucks used by the Collector for the pickup of trash and garbage from containers shall be left to the discretion of the Collector to the end that the schedule of pickups shall be reasonably equally spaced during each week and shall assure maximum efficiency of operation. (h) The Collector will be responsible for any container damage resulting from carelessness by his employees. (1) Collector must supply equipment equipped with spray system so that all industrial containers shall be sprayed on a once a month basis with a disinfectant. (J) Collector will collect any and all refuse and /or trash that may be required by the City. 28. STANDARD OF PERFORMANCE (a) If the Collector fails to collect the solid waste materials herein specified for a period in excess of two (2) consecutive, scheduled, working days or fails to operate the system in a satisfactory manner In accordance with this contract, for a similar period, the City may move as follows (provided such failure is not due to war, Insurrection, riot, Act of Cod, or any other cause beyond the Collector's control): p) at its option, after written notice to the Collector as provided hereinafter, take over and operate any or all of the Collector's equipment used in the performance of this contract. (2) use and operate same itself until such matter is resolved and the collector is again able to carry out its operation under this contract; any and all operating expenses incurred by the City in doing so may be deducted by it from compensation to the collector hereunder. 12. During such period, the liability of the City to the Collector for loss or damage to such equipment so used shall be that of a bailee for hire, ordinary wear and tear being specifically exempt from such liability. The liability of the Collector to third persons shall cease and all claims or demands arising out of the operation of the collection service shall be directed solely to the City. (b) Provided, however, if the Collector is unable for any cause to resume performance at the end of thirty (30) calendar days, the City shall be free to negotiate with other collectors for the operation of said collection service. Such operation with another collector shall not release the Collector herein of Its liability to the City for such breach of the contract. In the event that this contract is so negotiated with a new collector or other collectors, third party liability of the Collector herein shall terminate insofar as same arises from tortious conduct in operation of the collection service. 29. BANKRUPTCY It is agreed that if the Collector is adjudged bankrupt, either voluntarily or involuntarily, then this contract sha 11 terminate effective on the day and at the time the bankruptcy petition is filed. 30. DISPUTES Any controversy, claim rrr dispute, arising out of or relating to this contract, including questions of performance or fees and charges, shall be handled as follows: (a) The City Manager will attempt to resolve the dispute with the Collector. (b) If the City Manager cannot resolve the dispute with the Collector within ten (10) days of first being notified of the dispute, or initiating the dispute, the mattershall be submitted to the City Countil to be acted upon at the next regularly scheduled City Council meeting. 13. L___ (c) If the City Council fails oris unable to settle the dispute, then either party may pursue its available legal remedies. 31. RIGHT TO REQUIRE PERFORMANCE The failure of the City at any time to require performance by the Collector of any provisions hereof shall in no way affect the right of the City thereafter to enforce same. Nor shall waiver by the City of any breach of any provisions hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. 32. LAW TO GOVERN This contract shall be governed by the laws of the State of Florida both as to interpretation and performance. 33. COMPLIANCE WITH LAWS The Collector shall conduct operations under this contract In compliance with all applicable laws. 34. ILLEGAL PROVISIONS If any provision of this contract shall be declared illegal, void, or unenforceable, the other provisions shall not be affected but shall remain in full force and effect. 35. PERMITS AND LICENSES The Collector shall obtain at its own expense all permits and licenses required by law or ordinance and maintain same in full force and effect. 36. PERFORMANCE BOND The Collector shall furnish to the City a Performance Bond for the faithful performance of this contract and all obligations arising hereunder, In the amount of Twenty-five thousand dollars ($25, 000.00). It shall be executed by a surety company licensed to do business in the State of Florida. 37. WORKMEN'S COMPENSATION INSURANCE The Collector shall provide and maintain during the life of the contract, adequate Workmen's Compensation Insurance, in accordance with 14. the laws of the State of Florida, for all its employees. A copy of the policy, annual audits, policy renewals must be provided to the City by the Collector, and accompanied by n list of applicable Collector's personnel. 38. LIABILITY INSURANCE The Collector shall provide and maintain during the life of the contract, Public Liability and Property Damage Insurance and Umbrella Coverage in the following amounts: Public Liability $100, 000 per person /$300, 00 per accident, minimum Property Damage $100, 000 per any one claim, minimum Umbrella Liability $1, 000, 000 with a $25, 000 deductible and/ or base insurance minimum to protect itself, its agents, and its employees from claims for damages for personal injury, including wrongful and accidental death and property damage which may arise from operations under the contract, whether such operations be performed by itself or its employees. The policy or policies shall name the City as additional Insured and shall contain a clause that the Insurer will not cancel or decrease the Insurance coverage, without first giving the City thirty (30) days notice in writing. While no minimum policy period will be squired by the City, it Is expected that long -term policies will be utilized in order to obtain lower premiums. Insurance shall include all documents issued by all insurance companies licensed to do business in this State. The Collector shall provide the City with copies of all policies, audits and renewals. 39. INDEMNITY The Collector will defend, indemnify, save harmless and exempt the City, its officers, agents, servants and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorneys' fees resulting from injury to persons or damage to property arising out of work done in the performance of this contract. The 15. City reserves the right to retain counsel of its choice at its own expense, or, in the alternative, approve counsel obtained by the Collector. 40. ASSIGNMENT AND SUB - LETTING No assignment of the contract or any right occurring under this contract shall be made in whole or part by the Collector without the express wrltten consent of the City Council In the event of any assignment, the ® assignee shall assume the liability of the Collector. -R. BOOKS AND RECORDS The Collector shall keep records of all costs and expenses Incurred In performance of this contract. These records shall be made available to the City to substantiate all contract adjustments. An annual audit may be requested by the City and conducted by an auditor selected by the City, at the Collector's expense. A copy of said audit shall be furnished to the City. 42. POINT OF CONTACT All dealings, contacts, notices, etc., between the Collector and the City shall be directed by the Collector to the City Manager or his delegated authority, City of Cape Canaveral, Florida, and by the City to L. L. Fleckinger, Fleckinger Refuse, Inc., Post Office Box 3803, Cocoa, Florida 32922. 43. NOTICE A letter addressed and sent by certified United States Mall to either party at its business address shown hereinabove shall be sufficient notice whenever required for any purpose in this contract. 49. EFFECTIVE DATE This contract shall become effective and the Collector shall begin collection of the solid wastes as covered herein on May 1, 1978. 95. LIQUIDATED DAMAGES As a breach of the service by this contract would cause serious and substantial damage to the City and its occupants, and the nature of this 16. contract would render it impracticable or extremely difficult to fix the actual damage sustained by the City by such breach, it is agreed that in case of breach of service, the City may elect to collect liquidated damages for each such breach and the Collector will pay to the City as liquidated damages and not as a penalty, the amounts set forth below, such sums being agreed as the amount which the City will be damaged by the breach of such service. An election to seek such remedies shall not he construed as a waiver of any legal remedies the City may have as to any subsequent breach of service under this contract. A truck beginning residential collections prior to 7:00 a. m. - $25.00 per day Failure to collect misses within twenty-four (24) (tours of - $10.00 each notification to collector residential or commercial unit served by container Repetition of valid complaints on a route after notification to replace container in designated location, spilling, not closing gate, crossing planted areas or similar violations - $5.00 each. Such liquidated damages as the City shall elect to collect will be deducted from the monthly payments due the Collector. Each complaint shall be determined on the basis of a joint inspection, if necessary, by a representative of the City, and a representative of the Collector, and the decision of the City Managerthat any complaint is legitimate shall be final. 46. DEFAULT OF CONTRACT Should the Collector abandon, delay unnecessarily in the per- formance of, or in any manner refuse or fail to comply with any of the terms of its contract, or neglect or refuse to comply with the instructions of the City relative thereto, the City shall notify the Collector, in writing, of such abandonment, delay, refusal, failure or neglect and direct It o comply with all provisions of the contract. A copy of such written notice is to be mailed to the surety on the Performance Mond and delivered to the City. Should the Collector fail to show cause why it has abandoned, delayed, refused, failed or neglected to comply with the terms of the contract, to the satisfaction of the City Council, the City Council may, by resolution, declare a default of the contract and notify the Collector and tlr surety on the 17. Performance Bond of such declaration of default, or the City may take such other action as it may deem advisable. Upon such declaration of default, all payments due the Collector shall be retained by the City and applied to the completion of the contract and to damages suffered and expense incurred by the City by reason of such default, unless the surety on the Performance Bond shall assume the contract, in which event all payments remaining due the Collector at the time of default, less amounts due the City from the Collector and less all sums due the City for damages suffered and expenses incurred by reason of such default shall be due and payable to the surety. Thereafter, such surety shall receive monthly payments equal to those that would have been paid the Collector had such Collector continued to perform the contract. If such surety fails to exercise such option, the City may complete the contract or any part thereof, either by day labor or by re- letting a contract for the same, and the City shall have the right to take Possession of and use any or all of the vehicles, materials, equipment, facilities and property of every kind provided by the Collector for the performance of this contract, and to procure other vehicles, equipment and facilities necessary for the completion of the same, and to charge the cost of same to the Collector, together with the cost Incident thereto. In the event the City completes the contract at a lesser cost than would have been payable to the Collector under such contract if the same had been fulfilled by said Collector, then the City shall retain such difference. Should such cost to the City be greater, the Collector shall be liable for and pay the amount of such excess to the City. Should the Collector fail at any time to perform all or any part of the contract for a period of more than two (2) days, for whatever cause or reason, the City Council may at such time or any time thereafter, with the consent of the Collector, take possession of all the Collector's equipment, 18. ,MICROFILMED 4-10-80 vehicles, and facilities, and employ such force as it may deem advisable to continue the work; and the cost of all labor, materials and equipment necessary for such work shall be paid by the City of Cape Canaveral, Florida, out of monies then due or to become due the Collector under and by virtue of the contract for the work herein specified. IN WITNESS WHEREOF, the City and the Collector have executed this contract as of the day and year first above written. CITY OF CAPE CANAVERAL 1nn Thurm, Mayor A" - • .--e• ^ /• 2L1. 4 4r1ifta J.- 0r.....hay.-k--City Clerk • to VI • • 150 as to form: • , '—c—ars F. Scott, Dir Attorney FLECKINGER REFUSE, INC: / BY Attest: AiI e • 1/4/;, A.. /". ;z"5.-_-jek :S4 • ; •)-**---•-- 19.