HomeMy WebLinkAboutResolution No. 1978-08 , .
. r
. .1-
MICROFILMED 4-10-80
RESOLUTION NO. 78-8
A RESOLUTION AUTHORIZING THE CITY OF
CAPE CANAVERAL, FLORIDA TO ENTER INTO
A GARBAGE AND RUBBISH COLLECTION AGREEMENT
WITH HARRIS SANITATION, INC. ; PROVIDING
AN EFFECTIVE DATE.
-
BE IT RESOLVED by the City Council of the City of
. -.
1,..._
Cape Canaveral, Florida, as follows:
1,-----
1
0 SECTION 1 . The City Council hereby authorizes
the Mayor and City Clerk to execute an agreement with Harris
. .i Sanitation, Inc. , for the collection of garbage and rubbish
:.,
in the City of Cape Canaveral, Florida, a copy of said
agreement being attached hereto and made part hereof by
reference.
SECTION 2. This resolution shall become effective --
immediately upon its adoption. —
ADOPTED by the City Council of the City of Cape
Canaveral, Florida, this 1 day of March, 1978.
-...,
/71:lay•Oi-r1C-'
„. ... ..,--,71%,,,_- --,4
. : "`Thti.,C. ', ..,'.?,•"*D'o 't'. 4.'. 'ti
,Y:i . % /1
:: 4 -. '',-7-:.;': ';:;-?!:'-e;,"'-i.". 4// ;''4 ! -7 ," ,, •:
Vs- ;-•, :7
-•:
,. ` ::,' ,_ ..-.:::.- ‘•'. i.. / ; -
--'- -,- _.
-...41: NAME YES NO^
'",
' - ,,,,,-,---:. 5 r , .• ,-,,„t4..,,,,,-•.7 „
BOYD MCI
i EMU :
""''''' . St ^::::4 -.
*.., ... ,_ ... 1...
I RIGERMAN .4'....
(
0
......., / ,„4ii/L. .,,,L ,,,e•Vr_2.... 4 4-..mor
THURM
i 1U -6 CV7,T;;•4*-;:4''
vv ._roN
ed as to form / , "ft.- --•-•-'
ao'
1
. .0gLidge
..ii it Araftrre'
. . .. -
Attor n-""" -----
. ,
-3///7F � �'
- A1COYFFE® 4-10-80
i'`� IlC0AL RECORD
GARBAGE AND RUBBISH COLLECTION AGREEMENT DO IMO " REMOVE
THIS AGREEMENT, made and entered into this day of �� alr T_ gJZO
1978, by and between the CITY OF CAPE CANAVERAL, a municipal corporation duly e.71„.. .4
)-`4111)? .i.o
organized and located in Brevard County, Florida, hereinafter referred to as
"City" and HARRIS SANITATION, INC. , hereinafter referred to as the "Collector",
WITNESSETH:
The City and the Collector, in consideration of the mutual covenants,
c'
0 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 expiration
of the current term. : r ,.,,.:.;,._
4. SERVICE:
Refuse pick-up shall occur twice weekly from all locations. Pick-up will
be from curb side or pre-selected permanent container locations.
A once a week trash pick-up shall be provided for non-containerized trash,
from all locations. 7-4.( (1r),...2:, 41.,-c- p-.��/ � �e--�f 0A-A"
,Q - ---- / ,�-x--. _'‘-'-r---<---,- ,,9a�--
5 HOURS:
z cx�� -c-` /
6i,„___o__AAA...L02. .aA_e_"___a_i l'et_./ "<----t1 e--eH._-/ ?4-kd ::e/--t.- C_e__4—
Residential: Collection shall be made in residential areas beginning no
0 earlier than 7:00 A.M. Collection shall not occur after 6:00 P.M. or on Sundays
.
except in time of emergency.
P g Y
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.
r;
6. SPILLAGE AND LITTER: MICROFILMED 4-10-80
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 the litter.
7. APPROVED CONTAINERS:
All Rapid Rail containers serviced by the Collector shall be provided by the
City. Amounts and types of refuse placed for collection shall be stored in approved
containers, as described herein.
8. 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 pick-up.
9. SPECIAL•MATERIALS:
The Collector may provide haul service for materials not routinely 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,
Q 9. U/0//o/7c¢ s eff7d re-10) iAv
large equipment4and 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:
The Collector shall have on hand at all time, 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. The equipment shall be capable of providing mechanized
pick-up and collection service for the "Rapid Rail System of Solid Waste Collection".
The Collector shall also have the necessary equipment to service those areas of the
City not using the "Rapid Rail" system.
The Collector shall maintain all collection equipment in good repair, acceptable
appearance, clean and sanitary at all times. The Collector shall have available for
his use at any time, reserve equipment which he 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 his contract.
-2-
MICROFILMED 4-10-80
12. OFFICE:
The Collector shall establish and maintain a toll free telephone service to its
office from the City. Said telephone service shall be available during normal
business hours, 8:00 A.M. to 5:00 P.M.--1--c �-� CC e o L �-•-��- —
13. TITLE TO ASTE: 6t
The City shall have vested title to all solid waste materials generated
within the corporation 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 law.
15. DEFINITIONS:
a. Approved Container - shall mean all. "Rapid Rail" containers, industrial
containers as defined herein, and trash cans provided.-Bi
b. Bulk container - shall mean a three hundred (300) gallon (1.85 yard)
container supplied by the City of Cape Canaveral for temporary storage of
refuse or trash.
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 a container of three hundred (300) gallon capacity or greater.
e. Containerized 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. Duplex = shall mean and include a detached two-family dwelling designed
IfJ
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 preparation, use,
handling, cooking, serving or storage of meats, fish, fowl, fruit, vegetable
matter, of any nature whatsoever, which is subject to decay, putrification
•
_3
• r.
MICROFILMED 4-10-80
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
T `
their pathological,.. explosive, radiological or toxic characteristics.
i. Horticultural trash - accumulation of lawn, grass, or shrubbery cuttings, '
or clippings and dry leaf rakings, palm fronds, small tree branches, (shall
�O U r e_ t r 4-'/ (
not exceed thirty- t es___(3O'' - in length and YBQr 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 an individual sixty (60) or ninety (90)
gallon container provided by the City of Cape Canaveral 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, rubber, tires, bottles, cans, lumber, sawdust,
wastes from animal packing or slaughterhouses or materials usually created
by industrial enterprises. •
1. Industrial container - a two-cubic yard or larger container which can be
• emptied by mechanical means, other than "Rapid Rail." •
m. Multi-family dwellings - 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.
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. "Rapid Rail," "Rapid Rail System" - a trade marked mechanical system of
garbage collection. •
p. Refuse - shall mean a combination of garbage, horticultrual trash and small
pieces s_ which are containerized for routine pick-up.
q. 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.
•
MICROFILMED 4-10-80
• and the generation of noxious and offensive gases or odors, or which may
c
A
serve as breeding or feeding materials for flies and/or other germ-carrying ' i ,
insects.
h. Hazardous materials - shall mean wastes that are hazardous by reason of 1
their pathological,. explosive, radiological or toxic characteristics. .' • :,....
i. Horticultural trash__- accumulation of lawn, grass, or shrubbery cuttings,
• or clippings and dry leaf rakings, palm fronds, small tree branches, (shall
-c-borQ_} C. 4-' ) t kir' 30
y ( . ")
' not exceed thli L.y nnG2es_ (3E"j- in length and Fir 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. r,. ...... .
• j . Individual containers - shall mean an individual sixty (60) or ninety (90) j
gallon container provided by the City of Cape Canaveral for temporary
storage of refuse.
i
kl
k. Industrial - shall mean establishments generating waste accumulation of
F4:
metal, metal products, minerals, chemicals, rock, cement, asphalt, tar,
oil, grease, glass, crockery, rubber, tires, bottles, cans, lumber, sawdust,
wastes from animal packing or slaughterhouses or materials usually created
by industrial enterprises.
1. Industrial container - a two-cubic yard or larger container which can be i
• emptied by mechanical means, other than "Rapid Rail."
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.
•
n. Non-containerized business - shall mean and include any dwelling, business, - i,
g
apartment or other structure whose trash is deposited and collected by means
other than a container. •
{
t.
t.
' 0 .,.....7 o. "Rapid Rail," "Rapid Rail System" - a trade. marked mechanical system of
garbage collection.
p. Refuse - shall mean a combination of garbage; horticultrual trash and small:
u m 0.442. r.\a\ S •
pieces cce=spaa.y -. . nts. which are containerized for routine pick-up. £,
q. Single-family residence - shall mean and include a detached single-family 1.
I.
dwelling designed or intended for occupancy .by one (1) person or by one (1) s
Family.
4.
•
r
,3'
•
if
•
• I ';
MICROFILMED 4-10-80
r. Special material - shall mean those bulky materials or other special wastes
that are not stored in approved containers and cannot be picked up by
mechanical means.
s. 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.
t. Trash - combination of large horticultural trash and special material which
by the nature of its size cannot be containerized.
u. Triplex - shall mean and include a detached three-family dwelling designed
or intended for occupancy by three (3) families.
16. CHARGES AND RATES:
For services required to be performed under this contract for solid waste
collections and subsequent transportation to the Brevard County Solid Waste
Disposal Station the rates shall be as follows:
a. Regularly scheduled refuse collection from previously positioned
containers at curb side twice weekly.
1) . Individual (60 or 90 gallon) containers at $2.77 per individual
container per calendar month.
2) . Three hundred (300) gallon bulk containers of approximately
1.85 cubic yard capacity at $9.14 per container per calendar
month. 0 of "Co{ C 0nu rev coe-�-c�
b. eerrk Fsine-LS�-e- trffish_ 6garil eei-E
- - ..-. _ • • • - /44S
c. Three (3) times weekly refuse collection for the Canaveral Towers
Condominium four (4) yard container at $150.00 per month.
d. Non-Accessible Locations - Rate Schedule: Buildings, either residential
or commercial, so constructed as to be non-accessible by "Rapid Rail" collection
equipment, shall be charged the following rates:
1) . Industrial containers will be provided and serviced by the Collector
twice weekly for the monthly rate shown below if so directed by the
City.
-5-
MICROFILMED 4-10-80
Two yard container, ,--.2z71. 0 v $42:90 per month
Three yard container 36 . 6)O $22.00 per month
Four yard container 44. 00 $33.-00 per month
Six yard container rp . 00 $-54700 per month
Eight yard container C16 - O o $44-60 per month
2) . Where directed by the City to service industrial containers more
than twice weekly (Canaveral Towers three times weekly) , a charge
of $2.00 per container yard shall be applied for each additional
trip required.
3) When directed by the City, the Collector will collect by conventional
methods in trailer parks from customer-provided containers at the
rate of $3.50 per living unit per month.
4) . When directed by the City, the Collector will collect by conventional
methods in apartment complexes from customer-provided containers at
the rate of $3.50 per living unit per month.
5) . Single-family residences located in isolated or remote areas and
which cannot be serviced by "Rapid Rail" equipment shall be charged
$4.75 per month.
6) . Any residence, business or industry which requires extraordinary
service shall be charged at a rate comparable to the use which it
most closely resembles as provided in this Contract.
e. Special Haul Service:
For items requiring special handling due to size, weight, type of material
or method of placement, the charges are to be negotiated between Collector
and the customer prior to collection.
f. Disposal Fees:
Changes to the Brevard County dumping fees may occur during the period of
this Contract. If this situation should occur, changes in these fees will
be applied directly, up or down, to the rates of service herein quoted by
the Collector.
g. Back yard Service:
Any customer requesting back yard pick-up, other than as provided in
Paragraph 17 below, shall be charged an additional $2.00 per month.
17. PICK-UP LOCATION:
All solid waste, both refuse and trash shall be placed in a location readily
-6-
MICROFILMED 4-10-80
accessible to the Collector's equipment. The twice weekly refuse pick-up shall occur
from curb side or pre-selected permanent bulk container locations, unless back yard
pick-up is requested. IL n of the CityMana V/ov tkUll
ger an y persongis physically
unable to move his or her container to curb side for pick-up, the Collector shall
pick up said container from the side or rear yard, at no additional charge.*
18. CHANGES IN COST OF DOING BUSINESS:
The Contract will be adjusted up or down for the following considerations:
a. 1) Adjustment of contract price. The contract price to be paid to Collecto
during each year shall be adjusted by any change in the cost of living
determined in accordance with the formula set in subparagraph 2) below.
2) Computation of adjustment in contract price. As promptly as practicable
at the end of each contract year 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 Department 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 February
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 new 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 = (CIN) X the base year contract ?rice as
(BIN) adjusted in 6ae - Pon.a •(L)
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.
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
-- / ea"1-' �� c
/(A7
-7-
MICROFILMED 4-10-80
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 con-
tainers. 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, bulk containers and
industrial containers in service in the City of Cape Canaveral. 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. The statement shall include
line item billing for refuse service, trash service, special hauls and any County
dumping fees imposed on the 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
•
-8-
MICROFILMED 4-10-80
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 SCHEDULES:
The Collector shall provide the City with schedules of collection routes and
keep such information current at all times. In the event of changes in routes or
schedules that will alter the day of pick-up, the Collector shall so notify each
customer affected by mail or news media not less than one (1) week prior to the
change.
26. COLLECTOR'S PERSONNEL:
a. The Collector shall assign a qualified person or persons to be in charge
of his 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
-9-
MICROFILMED 4-10-80
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. Three (3) times weekly refuse collection from Canaveral Towers Condominium.
d. 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.
e. The Collector shall not be required to, but may, pick up refuse on legal
holidays.
f. 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.
g. Under no circumstances will the Collector be obligated to supply garbage cans
for non-containerized residences, multi-family dwellings, businesses or
other establishments.
h. 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.
i. All routing and scheduling of trucks used by the Collector for the pick-up
of trash and garbage from containers shall be left to the discretion of the
Collector to the end that the schedule of pick-ups shall be reasonably
equally spaced during each week and shall assure maximum efficiency of
operation.
j . The Collector will be responsible for any container damage resulting from
operator error or equipment malfunction.
k. Collector must supply equipment equipped with spray system so that all
three hundred (300) gallon and industrial containers shall be sprayed on a
once a month basis with a disinfectant.
1. Any and all other refuse and/or trash pick-up t'dht may be required by the
City.
28. STANDARD OF PERFORMANCE:
a. If the Collector fails to collect the solid waste materials herein
-10-
MICROFILMED 4-10-80
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 God,
or any other cause beyond the Collector's control):
1) . at its option, after written notice to the Collector as provided
hereinafter, take over and operate any or all of the Collector's
111 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 his 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.
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 thrity (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 his 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
111 operation of the collection service.
29. BANKRUPTCY:
It is agreed that if the Collector is adjudged bankrupt, either voluntarily or
involuntarily, then this Contract shall terminate effective on the day and at the time
the bankruptcy petition is filed.
30. DISPUTES:
Any controversy, claim or dispute, arising out of or relating to this Contract,
-11-
•
- • - MICROFILMED 4-10-80
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 matter shall be submitted to the City Council to be acted upon
at the next regularly scheduled City Council meeting.
c. If the City Council fails or is 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 his 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
B •
$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 the laws of the State of Florida,
-12-
MICROFILMED 4-10-80
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 a 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/$300,000 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 himself, his agents, and his 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 himself
or his 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 required 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 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 written consent
of the City Council. In the event of any assignment, the assignee shall assume
the liability of the Collector.
-13-
MICROFILMED 4-10-80
41. 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 subst ntiate
is Gl,,,0�,c.,.e-0. u�\1 �. �,;
all Contract adjustments. An annual audit s14(`beAconducted by an auditor selected
f
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 the Manager, Harris Sanitation, Inc. ,
7382 Talona Drive, West Melbourne, Florida.
43. NOTICE:
A letter addressed and sent by certified United States Mail to either party at
its business address shown hereinabove shall be sufficient notice whenever required
• for any purpose in this Contract.
44. EFFECTIVE DATE:
This Contract shall become effective and the Collector shall begin collection
of the solid wastes as covered herein on May 1, 1978.
45. 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 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
. (0 of such service. An election to seek such remedies shall not be 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) hours of $10.00 each
notification to collector
Repetition of valid complaints on a route after notification $5.00 each
to replace datal5NEtee container in designated location,
spilling, not closing gate, crossing planted areas
or similar violations.
•
-14-
.
MICROFILMED 4-10-84'
Such liquidated damages as the City shall elect to collect will be deducted from the
monthly payments due the Collector.
46. DEFAULT OF CONTRACT:
Should the Collector abandon, delay unnecessarily in the performance of, or in
any manner refuse or fail to comply with any of the terms of his 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 him to comply with all provisions of the Contract.
A copy of such written notice is to be mailed to the surety on the Performance Bond
and delivered to the City.
Should the Collector fail to show cause why he 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 be resolution, declare a default
of the Contract and notify the Collector and the surety on the Performance Bond of
such declaration of default, or the City may take such other action as they 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
-15-
f r
MICROFILMED 4-10-80
by said Collector, then the City shall retain such difference. Should such cb"st
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 City Council take
possession of all the Collector's equipment, 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 moneys 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,
a municipal corporation
By:
Ann Thurm, Mayor
Attest:
'Anita Ostrom, City Clerk
Approved as to form:
Richard F. Scott, City Attorney
HARRIS SANITATION, INC. ,
a Florida corporation
By:
Attest:
-16-