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HomeMy WebLinkAboutResolution No. 1997-431 RESOLUTION NO. 97- 43 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ENTERING INTO AN AGREEMENT FOR GARBAGE COLLECTION AND RECYCLING SERVICES WITH USA WASTE SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral, pursuant to Florida Statutes, may grant certain franchises; and WHEREAS, the City presently contracts with USA Waste Services (the "Collector ") by virtue of that certain Rubbish Collection Agreement dated September 19, 1989; and WHEREAS, the City and the Collector are desirous of redefining the contractual relationship between the parties, including the extension of the term. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. The City shall enter into that certain Agreement for Garbage Collection and Recycling Services in the form attached hereto as Exhibit "A ", and incorporated herein by reference. SECTION 2. This Resolution shall take effect upon adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 18th day of November, 1997... E Cf■6 ATTEST: Sandra`O. Sins, CITY CLERK APPROD AS TO FORM: Kohn Bennett, CITY ' TORNEY Rocky Randels, MAYOR FOR Burt Bruns Sind Tony Hernandez Motion Buzz Petsos _X__ Rocky Randels X G: \CityClk\Resolutions CHSE \Garbage Collection Extension.doc AGAINST CITY OF CAPE CANAVERAL AGREEMENT FOR GARBAGE COLLECTION AND RECYCLING SERVICES THIS AGREEMENT is made and entered into as of the „ MToo day of vf„t), , ,1997, by and between the CITY OF CAPE CANAVERAL, a duly organized municipal corporation (the "City "), and WESTERN WASTE INDUSTRIES, INC. d/b /a USA WASTE SERVICES (the "Collector "). Background The Collector has been performing garbage collection and recycling collection services for the City pursuant to the Garbage and Rubbish Collection Agreement dated September 19, 1989 as amended by Addendum No. 1 dated August 18, 1992. The Collector has agreed with the City to redttced rates for certain residential services and the City has agreed to extend the term of the existing agreement such that the Collector will continue to provide the solid waste and recycling collection services much as it has been done for some years. NOW, THEREFORE, for good and valuable consideration, the parties agree as follows: 1. Exclusive Contract. The City grants to the Collector the exclusive right and obligation to provide solid waste and recycling collection services within City boundaries. 2. Tenn. The term of this Agreement begins on the date set forth above and extends until September 30, 2004. In addition, the City grants to the Collector an option to extend the term of this Agreement for a period of five years after the end of the initial term. This five year option may be exercised by the Collector by giving the City notice of its desire to exercise this option at any time prior to 180 days before the expiration of the initial term so long as the Collector is providing primary solid waste collection services within the City. During the option period the terms and conditions of this Agreement will remain unchanged. 3. Rates. The following monthly rates for garbage and trash removal shall apply beginning on January 1, 1998 and will remain constant until December 31, 2001. The following rates reflect a reduction of $.30 per unit per month for those services the City is responsible for billing. a. Single family, duplex and triplex $7.41 per unit per month b. Mobile home units and individual apartments or condominiums $4.58 per unit per month c. Individual commercial business accounts with trash cans $10.85 per unit per month G: \WP\02700001\AGR_CANA.01 d. Commercial dumpsters used by commercial business, apartment complexes and condominiums $27.01 per containerized yard per month e. Special collection services - in addition to the normally provided twice weekly service for commercial dumpsters as provided in paragraph "d" above $3.86 per containerized yard per pick -up f. Recycling Service $2.13 per dwelling unit g. Roll -off Containers (1) Container delivery 50.00 (2) Per Pull 20 cu. yd 135.00 30 cu. yd 160.00 40 cu. yd. 185.00 (3) Actual disposal cost shall be added to the pull charge plus 20 %. (4) Dry runs (any scheduled pick -up, pull, or delivery which cannot be completed due to a customer problem -not a Collector problem) shall be charged $50.00. The total amount charged by the Collector shall be based on the number of units serviced as changed from time to time. 4. Rate Adjustment. The rates set forth in paragraph 3 shall remain unchanged until December 31, 2001. On January 1, 2002 and on January 1 of each year thereafter, the rates shall be adjusted based upon a 15% reduction in any annual increase in the Consumer Price Index (the "CPP ") for all Urban Consumers, unadjusted (U.S. City Average: all items) issued monthly by the U.S. Department of Labor, using the years 1982 -1984 as a base of 100. On January 1 of each year, beginning on January 1, 2002, the rates shall be adjusted by multiplying the rates then in existence by a fraction, the numerator of which shall be the Index Number for all items, all Urban Consumers, as set forth in the CPI for the month of September of that year and the denominator of which is the Index Number for all items, all Urban consumers Price Index for the prior September. In no event will the rates decline, but if the CPI increases, then the CPI factor shall be reduced by 15% before applied to increase the rates. In the event that the Department of Labor no longer publishes the CPI, or if there is a significant change to the method of computing the CPI, the parties will agree on a new formula similar to the existing CPI formula. The rates shall not increase by more than 5% per year (any increase for Workers Compensation insurance as described below will not cause the rates to increase by more than 5% per year), but if the CPI (as described) increases by more than 5 %, then any increases over 5% shall carry over to the next year and be added to the CPI percentage for the next year. G \WP \02700001\AGR_CANA.01 2 The monthly collection rates shall also be adjusted based upon any increase or decrease in the standard Workers Compensation Insurance rates applicable to the Collector without experience modification based on actual payroll in the month following the change. The Collector may request an increase in rates in the event of an extraordinary expense or occurrence. 5. Collector's Obligations (A) Garbage Pick Up. Garbage and trash pick up shall occur twice weekly from all locations unless specified otherwise. Pickup will be from the customer's curbside location (curbside service) or pre - selected dumpster locations. Rear door service shall be provided at 110 extra charge for customers who have been designated handicapped by the City. Rear door service will also be available at a standard additional charge, "as provided in Section 7 of Addendum 1," for any locations one hundred (100') feet or less from curbside. Any service in excess of one hundred (100') feet from curbside will be charged at a rate to be negotiated between the Collector and the customer. The Collector is not required to collect garbage on City holidays, but the Collector will still be required to collect garbage twice each week regardless of holidays and the household garbage will be picked up on the day after the holiday. (B) Horticultural Pick Up. An additional, separate horticultural trash pick up shall be provided once per week for all horticultural trash placed at curbside. Horticultural trash that is suitable to be containerized shall be placed for collection in an individual container. Plastic bags will not be acceptable. The Collector will also pick -up horticultural trash from vacant lots so long as the horticultural trash is placed at curbside. (C) Bulk Items. The Collector will collect residential bulk items (such as appliances, furniture, etc.) on a weekly basis for no additional fees. However, bulk items which may be generated by commercial or industrial operations will be charged separately for pick -up of such bulk items. (D) Provide Containers. Unless directed otherwise by the City, the Collector will provide industrial containers for multi- family housing complexes and to businesses requiring such containers at reasonable rental rates. Absent unusual circumstances, industrial containers will be supplied by the Collector within three days after request. (E) Equipment. The Collector shall maintain its equipment and containers in good working order and with a clean appearance. The Collector shall have reserve equipment at its disposal so that the Collector may perform the services required herein in the event of some equipment failure. The containers used shall have easy opening, positive closing lids, and the Collector shall spray the industrial containers with disinfectant every 30 days. However, the customers shall be responsible the proper care of containers provided by the Collector. The Collector shall take reasonable action to deodorize the containers against normal odors, but in the event that removal of the container or pressure washing is needed, then the Collector may add the cost of cleaning, removal, and replacing such container to the customer's bill. (F) Collector Personnel. The Collector shall maintain qualified personnel at all times to perform the work as described in this Agreement. All personnel will wear a clean uniform or shirt bearing the Collector's name. (G) City Facilities. The Collector shall pick up all refuse and trash from all City facilities, including parks, all recreational complexes, the library, fire department, public schools and containers at all beach and streets, including gate service for container pick -up, at no cost to the City. G: \WP\02700001\AGR CANA.01 3 (H) Hours. Except in emergencies, the Collector may not collect in residential areas earlier than 7:00 a.m. or later than 7:00 p.m., E.S.T. or 9:00 p.m. E.D.T., Monday through Saturday. No collection activities will normally occur on Sundays in residential areas. (I) Litter. The Collector shall not litter in the process of collection or hauling. In the event of litter or spillage, the Collector shall clean it up pr oinptly. (J) Approved Containers The Collector ::hall not be required to collect solid waste unless it is in approved containers. (K) Special Materials. The Collector will provide hauling service for materials not routinely generated in residential areas. Collection of special materials, roll -off, open -top, and compactor service will be contracted between the customer and the Collector. (L) Extraordinary Materials. Unless otherwise agreed by a separate understanding, the Collector will not be required to collect any hazardous wastes, body wastes, dead animals, abandoned vehicles, vehicle and boat parts, large equipment and parts, materials not generated by the owner (such as tree trimmers or roofers). (M) Communication. In addition to its regular office in Brevard County, the Collector will provide emergency telephone service. (N) Routes. The Collector will prov:dc the City with current rates and collection schedules and shall notify customer of any changes in pickup schedules not less than one (1) week before the change. In addition, the Collector will, unless a change is reasonably needed, maintain the same pick- up schedule from week to week so that City residents will know when their garbage will be collected. (0) Books and Records. The Collector shall keep records of all costs: and expenses incurred in performance of this Agreement. These records shall be nude: 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. (P) Container Enclosures. , The City desires to have all front -end loader containers kept in enclosures, and the Collector will, when feasible pick -up and place front -end: loader.containers in the enclosures provided. However, to insure that such enclosures are practical, al.l:new enclosures or existing enclosures which are to . be. reconst cucted, remodeled or renovated ; trust be approved in accordance with the Collector's specifications as adopted by the City as to the placement, positioning and size of the enclosure. (Q) Reports to City Council. The Collector will present a report, quarterly, to City Council regarding the status of garbage collection within the City. (R) Franchise Fee. At the end of each month the Collector shall remit to the City a monthly franchise fee equal to five percent (5 %) of the gross revenues received by the Collector for the prior month from commercial front loader and permanent roll off accounts within the City. 6. City Responsibilities. (A) Billing. The City will handle all billing and collection services in connection with City Refuse Accounts except when special rates apply or roll -off service in which case these special services will be billed by Collector. The Collector will hav:; primary responsibility for enforcing this Agreement against competitors or third parties except for scavengers who will be prosecuted by the City. (B) Certi cation of Accounts. The City will certify to the Collector on the last Friday of each month the number and size of all containers. (C) Payments to Collector. Collector shall submit to the City its monthly statement for services provided during the prior month. The statement will be in the format reasonably requested by the City. G: \WP \02700001'AGR C 1NA.01 4 (D) Complaints. All complaints will be referred to the City. Any complaint deemed by the City to be services shall be forwarded to the Collector for a written response or explanation and statement of corrective action. The Collector will respond to all complaints in an expeditious manner. 7. Recycling Program, (A) Recyclable Materials. The Collector shall collect the following materials, but may collect other types of solid waste for recycling purposes if such recycling becomes economically feasible: Newspaper: Newspaper only. No phone books, brown paper, colored newspaper, magazine paper, etc. No tin cans, odd pieces of aluminum, such as toys, chairs, etc. No mirror, window pains, windowshields, etc. Aluminum Cans: Glass Jars / Bottles: Plastic Bottles: Milk and drink bottles only. No soap, clorox, oil bottles or odd pieces of plastic. Plastic must be a No. 1 or No. 2 grade. NO STYROFOAM. Other items may be collected at Collector's option. The Collector shall furnish a single bin to each home for the purpose of storing recyclable materials in the home and identifying the recyclable materials at the curb. When reasonably needed, the Collector will replace bins that are damaged. The size of the bins will be selected by the Collector and the color (within range of availability) by the City. The bin may have both City and Collector names on the bin. The City may inspect the recyclable materials to ascertain that they conform to the requirements of this Agreement and to the type of bins, weight of bins, etc. The Collector will not be required to collect materials that are in violation of this Agreement. The non - recyclable materials in the recycling bin will be left in the bin at the residence as examples of incorrect materials that should not be placed for collection. (B) Services to be Performed by City. City shall be assisted by the Collector in conducting a public awareness campaign to promote the City's recycling program. All materials and publications used by the Collector shall be reviewed by the City and that used by the City referring to the Collector shall be reviewed by the Collector. (C) Compensation to City. (1) The Collector will maintain accurate weight records of each type of recycling material collected within the City. The recyclable materials will be mixed with similar materials collected from other recycling areas. The materials may be held until enough volume is accumulated and/or the offering price appears to be in the best range under the existing condition, in the judgment of the Collector, at which time the material will be sold. The cost for processing, and shipment will be taken out of the revenue received for the sale of material. The remaining money, if any, will be the City's. The recyclable materials may be handled through a County processing center if and when one is developed. The revenue from the materials would be handled in the same manner as above. (2) Within fifteen (15) days after the Collector receives the revenue for the materials, a check for the City's portion of the money will be mailed to the City. (D) Reporting Requirements. (1) Monthly Reports: The Collector will provide the City with a monthly statement showing the quantity of recyclable material collected, the expenses and the G: \WP\02700001\AGR_CANA.01 5 revenues relating to the recyclable materials. This report will identify by week, by type of material, the amount of recyclable materials collected from the City. It will also show the accumulative amounts of material from the City at the Collector's site, and the amount of the City's materials sold that month. (2) Material's Sales Report. Within two (2) weeks of each materials sales, a report will be issued to the City showing the amount of materials from the City that was involved in the sale, the portion of the processing and shipping cost, and the amount of money due the City. If the cost exceeds the revenue, there will be no charge to the City, but if the revenue exceeds the cost, the City will receive one hundred percent (100 %) of the excess. (E) Bins, The Collector will initially provide City residents one (1) portable bin for recyclable materials to accommodate the amount of recyclable materials generated by those particular premises. Heavy -duty plastic bags of the type especially manufactured for rubbish collection, and trash compacter sacks, may be used for materials that occasionally exceed the bin capacity. Grocery cartons and paper sacks are acceptable as excess recyclable material bins, provided that are not torn, wet, or otherwise damaged. The residents are responsible for proper care of the container. (F) Placement of Bins. On the day designated for collections, City residents shall place the bin on the curb at the normal collection point. Each bin containing recyclable material shall be placed on the curb not later than seven (7) a.m. on the day of collection. (G) Turning in Bins. When vacating a residence, the resident must turn in the bin to the Collector or City. If the bin is not turned in, the resident will be charged the current replacement value on their fmal bill. (H) Title. The City shall have title to all refuse material, but all recyclable material collected by the Collector shall become owned by Collector upon collection. 8. Performance Bond. The Collector shall furnish to the City a Performance Bond for the faithful performance of this Agreement and all obligations arising hereunder, in the amount of forty -five thousand dollars ($45,000.00). It shall be executed by a surety company licensed to do business in the State of Florida. 9. Workers Compensation Insuran e. The Collector shall provide and maintain during the life of this Agreement, adequate Worker's Compensation Insurance, in accordance with the laws of the State of Florida, for its employees. A copy of the policy, annual audits and policy renewals must be provided to the City by the Collector, and accompanied by a list of applicable Collector's personnel. 10. Liability Insurance. The Collector shall provide and maintain during the life of this Agreement, 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: $1,000,000.00 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 this Agreement, whether such operations be performed by itself or its employees. The policy or policies G: \WP \02700001\AGR CANA.01 6 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. If practical, the Collector will seek to obtain long -term policies to obtain lower premiums. The Collector shall provide the City with copies of all policies, audits and renewals. 11. Standard of Performance. (A) It shall be considered a breach of this Agreement 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 manner that is in accord with this Agreement in the reasonable determination of the City Manager. If such failure is due to war, insurrection, riot, Act of God, or any other cause beyond the Collector's control, then it shall not be considered a breach of this Agreement. In the event the City Manager determines that a breach has occurred and the Collector and the City Manager cannot resolve the matter within 10 days, then the Collector shall have the right to appeal the decision to the City Council at the next regularly scheduled Council Meeting. (B) If the City finds it necessary to perform the Collector's duties itself or by a third party, then the City shall have the ability to deduct any and all operating expenses from compensation to the Collector. (C) If the Collector fails to perform its collection responsibilities under this Agreement and the Collector is unable for any cause (except Acts of God, war or other similar matters beyond the Collector's control) to resume performance at the end of twenty -one (21) 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 this Agreement. In the event that this Agreement is so negotiated with a new Collector or Collectors, third party liability of the Collector herein shall terminate insofar as same arises from tortious conduct in operation of the collection services. 12. Liquidated Damages. A breach of certain duties of the Collector provided herein would cause serious and substantial damage to the City and its occupants, and the nature of this Agreement would render it impracticable or extremely difficult to fix the actual damage resulting from such breach Therefore, it is agreed that in case of breach of the duties described below, 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. An election to seek such liquidated damages shall not be construed as a waiver of any legal remedies the City may have as to any subsequent breach under this Agreement. 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 residential notification to Collector. or commercial unit served by container Repetition of valid complaints on a route after notification to replace $15.00 each container in a designated location, spilling, not closing gate, crossing planted areas or similar violations. 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 G:1WP\02700001\AGR_CANA.01 7 necessary, by a representative of the City, and a representative of the Collector, and the decision of the City Manager that any complaint is legitimate shall be final. 13. Default of Agreement. 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 this Agreement, 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 to comply with all provisions of this Agreement. 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 it has abandoned, delayed, refused, failed or neglected to comply with the terms of this Agreement, to the satisfaction of the City Council, the City Council may, by resolution, declare a default of this Agreement 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 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 this Agreement and to damages suffered and expense incurred by the City by reason of such default, unless the surety on the Performance Bond shall assume this Agreement, 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 colleeetor:had such Collector continued to perform this Agreement. If such surety fails to exercise such option, the City may complete this Agreement or any part thereof, either by day labor or by rele Ling :an. agre`.,ner7t for the same, and the City shall have the right to take possession of and use any or all of the 'eel ricles materials, equipment, facilities and property of every kind provided by the Collector for the performance of this Agreement, 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 this Agreement at a lesser cost than would have been payable to the Collector under this Agreement 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. 14. Disp tes. Any controversy, claim or dispute, arising out of or relating to this Agreement, including questions of performance of 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. 15. 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, damage to property arising out of this Agreement or work done in the performance of this Agreement, G: \WP \02700001\AGR CANA.01 8 t• or any other cause of action asserted against the City under or arising from this Agreement. 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. 16. Assignment and Sub - letting No assignment of this Agreement or any right occurring under this Agreement shall be made in whole or part by the Collector without the express written consent of the City Council except to a wholly -owned subsidiary of USA Waste Services, Inc. In the event of any assignment, the assignee shall assume the liability of the Collector. 17. 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 Agreement. 18. Definitions (A) Approved Container shall mean industrial, coinamercial or individual containers approved by the City and by the Collector. (B) Bins, shall mean containers provided by the Collector for recycling. Bins shall be in the size currently utilized or as otherwise agreed by the parties. (C) Bulk Container shall mean a fifty -five (55) gallon drum supplied by the City for temporary storage of refuse or trash at street and beach locations and other City recreational facilities. (D) Business shall mean and include all retail, professional,: wholesale and industrial facilities and any other commercial enterprises. (E) Commercial shall mean and include all. dwellings and businesses serviced by an industrial container of two (2) cubic yard capacity or greater. (F) Duplex shall mean and 7nc1ude .a detached two -t roily 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 preparation, use, handling, cooking, serving or storage of meats, fish, fowl, fruit, vegetable matter, of any nature whatsoever, which is subject to decay, putrification, which may serve as breeding or feeding materials for flies and/or other germ - carrying insects. (11) Hazardous Materials shall mean wastes that are hazardous by reason of their pathological, explosive, radiological or toxic characteristics. (I) Horticultural Trash shall mean accumulation of lawn, grass or shrubbery cuttings, or clippings and dry leaf rakings, palm fronds, small tree branches (shall not exceed four (4) feet in length, thirty (30) inches in diameter, and/or exceed 50 lbs.), bushes, or shrubs, green leaf cuttings, coconuts, fruits, or other hatter 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 a container made of non - absorbent material provided with a closely fitting cover, side bail handles, and of thirty (30) gallons or less gross capacity or a thirty (30) gallon or less gross capacity waterproof bag of strength and material approved by the City and not exceeding 50 lbs. (K) Industrial Container shall mean a two (2) cubic yard or larger container which can be emptied by mechanical means. (L) Recycling: the capture, removal, and reuse of an item or material from the waste stream that would otherwise be disposed of. G: \WP\02700001\AGR_CANA.01 9 (M) Recyclable Materials shall have the meaning as described herein. (N) Refuse shall mean a combination of garbage, small pieces of materials and horticultural trash separated and containerized for pickup. (0) Single - Family shall mean and include a detached single - family dwelling designed or intended for occupancy by one (1) person or by one (1) family. (P) 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. (Q) Trash shall mean material, excluding horticultural trash which by the nature of its size cannot be containerized. (R) Triplex shall mean and include a detached three - family dwelling designed or intended for occupancy by three (3) families. (S) Solid Waste shall mean a general term which includes all forms of solid materials handled and hauled by the Collector. All loose materials that are of the size that can be containerized shall be put in a container. All materials that can be cut shall not exceed four (4) feet in length, thirty (30) inches in diameter, and/or exceed 50 lbs. (T) Curbside - a point within the parkway abutting such residence no farther than five (5) feet from the curb line or paving line, or, in case no parking exists, which abuts the customer's property at a point no greater than five (5) feet from the curb line or paving line of the nearest public street, or, in the case of the existence of a drainage ditch, at a point within said dimensions adjacent to the nearest driveway. 19. Safety Issues. Both the City and the Collector agree that safety is a vital concern in the performance of the duties of the Collector pursuant to this Agreement. Whenever the Collector identifies a safety hazard in the performance of this Agreement, the City agrees to work with the Collector to resolve, eliminate or reduce the safety hazard to fullest extent reasonably possible. 20. Miscellaneous. 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 provisions or as a waiver of any provision itself. This Agreement shall be governed by and construed under the laws of the State of Florida. The Collector shall conduct operations under this Agreement in compliance with all applicable laws. If any provision of this Agreement shall be declared illegal, void, or unenforceable, the other provisions shall not be affected but shall remain in full force and effect. 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. In the event of any litigation concerning this Agreement, the prevailing party shall be entitled to its reasonable attorneys fees and expenses, including any such fees or expenses incurred in appellate proceedings. WESTERN WASTE INDUSTRIES, INC. CITY OF CAPE CANAVERAL d/b /a US W. TE S rA. ' VICES ill ce Pr:!d .r By: Print: Its: G: \WP\02700001\AGR CANA.01 10 By: Print: Its: