HomeMy WebLinkAboutResolution No. 1985-09MICROFILMED AUG 87
RESOLUTION NO. 85 -9
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK
OF THE CITY OF CAPE CANAVERAL, FLORIDA, TO RENEW
THE GARBAGE AND RUBBISH COLLECTION AGREEMENT
WITH WESTERN WASTE INDUSTRIES, INC.; PROVIDING
AN EFFECTIVE DATE.
BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Florida, as follows:
SECTION 1. The Mayor and City Clerk of the City of Cape
Canaveral, Florida, are hereby authorized to renew for five
years an agreement with Western Waste Industries, Inc. for the
collection of garbage and rubbish in the City of Cape 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 19th day of February 1985.
ayor
ATTEST:
Approved as to Form:
Attorney
NAtitiE YES =.-
Flsc_.._!�?Ti--
MAN--- � - " - -.
GARBAGE AND RUBBISH COLLECTION AGREEMENT
THIS AGREEMENT, made and entered into this 19th day of
February , 1955,, by and between the CITY OF CAPE
CANAVERAL, a municipal corporation duly organized and located in
erevard County, Florida, hereinafter referred to as the City and
WESTERN WASTE INDUSTRIES, INC.,'hereinafter referred to as the
Collector.
WITNESSETHt
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 OF CONTRACT
The term of this contract shall be a period of five (5)
years, beginning May 1, 1955 and terminating April 30, 1990, The
parties hereto may extend this contract for one (1) year terms by
mutual ,consent in writing at least one (1) year prior to the
expiration of the current term.
3. SERVICE
(a) Garbage pickup shall occur twice weakly from all
locations unless specified otherwise. Pickup will be from
the customer's container location (back yard service) or
preselected dumpater locations. The Collector's collection
schedule will be approved by the city.
(b) The Collector will provide industrial containers for
apartment complexes and ail condominium complexes unless
specifically excluded. Industrial containers will also be
provided businesses requiring such containers.
(c)' All containers provided by the Collector for use on this
contract shall be new or reconditioned and of a type
acceptable to the City. All Collector's containers supplied
shall be equipped with easy opening, positive closing lids.
I_
(d) A once a week trash pickup service shall be provided for
all refuse, trash and horticultural 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.
4, ROUR6
Residential: Collection shall be made in residential areas
beginning no earlier. than 7e00,A.M. Collection shall not occur.
after 600 P.M. or on Sundays, except in time of emergency.
commercials' 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.
5. 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, spillingior, blowing
are prevented. In the event of spillage by the Collector, the
Collector shall promptly . clean up the litter.
6. APPROVED CONTAINERS
All commercialindustrial ;containers serviced by the
collector shall be provided by the Collector'. Color of the
containers shall be determined by the City, .'Amounts and types of
refuse placed for residential collection shall be stored in
individual containers 'asdefined herein.,_
' 7. 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..
S. SPECIAL MATERIALS
The Collector shall provide haul service materials not
routinely generated in residential areas, e.g., construction and
industrial roll -off service. Collection shall be as negotiated
by the customer and the Collector.
-2
9. EXTRAORDINARY' MATERIALS
.Hazardous wastes, body wastes, dead animals, abandoned
vehicles, vehicle parts, large equipment and parts thereto will
nut 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,
10. 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, reserve, equipment 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'aIl commercial .
industrial 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 industrial containers once, each
thirty (30) days.
11. 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
emeregency telephone service at all hours which its office is not
open.
-3
12. TITLE TO WASTE
The 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.
13. 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.
14. DEFINITIONS -
(a) Approved Container shall mean industrial containers as
defined herein, and individual containers provided by customer as
defined ,herein to the City.
(b) Bulk Container - shall mean a fifty -five 155) 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.
(e) Containerised 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.
e (f) Duplex - 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 preparation, use, handling, cooking,; serving;
or storage of master fish, fowl, fruit* vegetable matter, of any
-4-
�•: are whatsoever, which is subject to decay, putrification, and
_,e generation of noxious and offensive, gases or odors„ or which.
.gay serve as breeding or feeding materials for flies and /or other
germ carrying insects.
(h) Hazardous Materials - shall mean was tea that are
hazardous by reason of their.. pathological# explosive,
radiological or toxic characteristic$.,.
(i) Horticultural Trash - accumulation of lawn$ grass or
,shrubbery , cuttings, or clippings and dry leaf rakings, palm,
fronds, small tree branches (shall not exceed four (4 ) feet in
'Length and thirty (10) inches in diameter), . bushes, or shrubs;
green leaf cuttings,: coconuts# fruit$# or other matter usually
created as refuse in the care of lawns and yards, except large
branches, trees or bulky or non- crxmbustible materials not
susceptible to normal loading.
(j) Individual containers, A container made of non- absorbent
materiai provided with a closely fitting cover, side bail
handles, and of thirty (30) gallons or less gross . capacity or a
thirty 130) gallon or less gross capacity waterproof bag of
strength and 'material approved by the City.
(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# was tea from animal packing
or slaughterhouses or materials usually created by industrial
enterprises. -
(1) Industrial container - a two (2) cubic yard or larger
container which can be emptied by mechanical means.
(m) Multi - Family pwellin5 - shall mean and include any
building or structure containing four (U 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.,
-5-
if)) Refuse - shall mean a combination of garbage,
t.- �rticultural trash and small .pieces of materials which are
containerized for routine pickup.
ip) 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
12) or more trailer lots operated as a commercial business to
provide parking for mobile homes as living units.
(a) Trash combination of large horticultural trash and
material which by the 'nature of its size cannot be containerized.
(t) Triplex - -shall mean and include adetached three - family
dwelling designed or intended for occupancy by .three (3)
families.
15. CHARGES AND RATES.
For services required to be performed under this contract
for solid waste collections and subsequent transportation to the
arevard County Solid, Waste Disposal Station, the rates, as of
February 19# 1985. are as followsr
a. single family, duplexes i 'triplexes S ,5.73 per unit
per month
b. Mobile home units a Individual apart- 3.87 per unit
ments or condominiums per month
c. Individual commercial business accounts 6.27 per unit
with trash cans per month
' d. Commercial dumpsters used by commercial 17.36 per container-
business, apartment complexes and ized yard
condominiums per month
e.. Special ,collection services in addition 2.48 per container
to the normally provided twice weekly "yard per
service for commercial dumpaters as plck -up
provided in paragraph •d" above
These rates may be adjusted annually by Resolution pursuant to
this contract.
-6-
ib. PICKUP LOCATION
Garbage shall be picked up from residential back yard
locations, or preselected permanent industrial locations a
minimum of twice weekly. Residential individual containers shall
not be placed inside fenced areas. Trash will be picked up from
curb side locations once a week.
17. 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 will be
paid in the specific amount of escalation not to exceed the
leaser of the computation in paragraph 2 below, or ten percent
flab) per annum on the base year contract price.
(a) (1) Adjustment of Contract Price. The contract price to
be paid to the Collector during each year, beginning
May 1, 1985, shall be adjusted by any change in the
cost of living determined in accordance with the
formula set in subparagraph (2) below, but not to
exceed ten percent (10%) per annum on the base year
contract price.
(2) Computation of - Adiustment in contract Price. As
promptly as practicable at the: end of each contract
year, beginning with the end of contract year ending
April 30, 1985, 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,lndex ".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, 1986
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 extensionithereof, shall be the current Index
number.',.
-7-
Beginning May 1, 1985 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 hundreths
The new contract price (CIN) X the base year
(BIN)
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.
.Appropriate adjustment shall be promptly made in
case there is 'a published amendment , ofthe Index
figures upon which, the computation is based.
If publication of the Consumer Price Index is
"discontinued, .the parties beret* shall accept
comparable statistics on the cost of living as
computed and publishedby -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 Workman's
Compensation lnsurance; rate without experience modification
based an actual payroll May 1, 1985, in the month following
the change. -
(c) Addition of 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:
(d) In the event the Collector experiences an extraordinary
expense, he shall have the right to appear before the City
Council of Cape Canaveral and petition them for an increase
in the rates.
-8
I
9. 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.
19. 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, the City, 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 of the City.
20. 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,
21. 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.
22. 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 Lnvestigation and correction or explanation.
-9-
c'ollector's response to this type of complaint will be by written
reply and will be made within 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,
23. NOTIFICATION OF CUSTOMERS
The City may agree to annually notify all customers . about
complaint procedures, rates, regulations and day(s) of
collection.
21. 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 pickup, the Collector shall so notify each customer
affected by mail or news media not less than one (1) week prior
to the change.
25. 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, an may be determined by the
City Manager.
26. COLLECTION SEENVICES
The Collector shall be responsible for performing the
following service$ within the City of Cape Canaveral,
(a) Collection of all solid waste garbage placed as required
by paragraph 16, a minimum of twice weekly.
(b) Collection of trash once a week throughout the City, as
required by Paragraph 16.`
(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.
(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 routing 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.
' (?)Collector must supply equipment equipped with spray
system so that all industrial containers shall be sprayed on
a once a,mouth basis with a disinfectant.
(j) Collector will collect any and all refuse and/or trash
that may be required by the City.
27. STANDARD OF PSRFORNANC6
(1) It shall be considered a breach of this agreement,
the Collector fails to collect the solid ,waste ' materials
herein specified for a period in excess of two (2)
-11-
consecutive, scheduled, working days or fails to operate thy-
system in a manner that is unsatisfactory to the City
Manager or not in accord with this contract. If such
failure is due to war, insurrection, riot, Act of Cod, or
any other cause beyond the Collector's control, then it
shall not be considered a, breach of this agreement; In the
event the collector disagrees with the City Manager's
lecision regarding breech, then the collector shall have the
right to appeal the decision to the City Council at the next
regularly scheduled workshop and Council Meeting.
12) If the City ,finds it necessary to perform the
collectors 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.
(3) 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.
28. 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.
29.' DISPUTES
Any controversy, claim or dispute, arising out of or
relating to this contract, including questions of performance of
fees and charges, shall be handled as follows:
-12-
(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 beacted upon at the nest
regularly scheduled City Council meeting.
tc) If the City Council fails or is unable to settle the
dispute, then either party may pursue its available legal
remedies.'.
30. 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 ouch
provision'or.as a waiver of any provision itself.
31. LAW TO GOVERN
This contract shall be governed by'thelaws of the State of
Florida both as to interpretation and performance.
32. COMPLIANCE WITH LAWS
The 'Collector shall conduct operations under this contract
in compliance with all applicable laws.
33. 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.
e 34. 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.
35. 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 forty -five thousand dollars
($45,000.00). It shall be executed by a surety company licensed
to do business in the State of Florida.
-13-
36. 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* 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.
37.. 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' amountst
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 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 required by the City,
it is expected that long-term policies will be utilised 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,
38. INDEMNITY
The Collector will defend, indemnify, save harmless and
exempt the City, its officers, I 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.
_14_
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.
39. ASSIGNMENT AND SUS - 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,
40. BOORS 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.
41. POINT OF CONTACT
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 requestred 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.' NOTICE.
A letter addressed and sent by certified United states Nail
to either party at its business address shown hereinabove shall
be sufficient notice whenever required for any purpose in this
contract.
43. EFFECTIVE DATE
This contract shall become effective and the Collector shall
begin collection of the solid wastes as covered herein on may I#
1985.
.15_
44. 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 of such service. An election to seek
such remedies shall not be construed an 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 700 A.M. $25,00 per day
Failure to collect misses within twenty -four
(24) hours of notification to Collector $10.00 each
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 -55.00 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 &,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.
' 45.. DEFAULT OP CONTRACT
Should the Collector abandon, delay unnecesearily'in the
performance 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 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.
-16-
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 play, by 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 it may doom 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 lees
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 theCollector 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
byreletting acontract 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.
-17-
r
MICROFILMED AUG 87
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, 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.
ATT F ,, "•`••;� `�� CITY OF CAPE CANAVERAL
By / ✓'
ity Clerk `Mayor
ATTEST'Q Q 11`3 WESTERN INDUSTRIES, INC.
��;
Y
By
Sm