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HomeMy WebLinkAboutResolution No. 1989-55RESOLUTION NO. 89 -55 A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER INTO AN AGREEMENT WITH WESTERN WASTE INDUS- TRIES, INC. FOR THE COLLECTION OF GARBAGE AND RUBBISH, AND RECYCLING SOLID WASTE, IN THE CITY OF CAPE CANAVERAL, FLORIDA; 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 are hereby authorized to execute an agreement with Western Waste Industries, Inc. for the collection of garbage and rubbish, and recycling solid waste, in the City of Cape Canaveral, Florida; a copy of said agreement is attached hereto and made a part hereof by reference. SECTION 2. This Resolution shall become effective immedi- ately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 19th day of September , 1989. � 17 <z roe�c� y }as�ai Ni ty Att rn J. Form: ('. Lz2z,.-4� MatOr NAME YES NO HOOG FATTEST' KIDD AbS �r RANDELS � 17 <z roe�c� y }as�ai Ni ty Att rn J. Form: ('. Lz2z,.-4� MatOr NAME YES NO HOOG KIDD AbS �r RANDELS X SALAMONE X rnurm A J d GARBAGE AND RUBBISH COLLECTION AGREEMENT , THIS AGREEMENT, made and entered into this 19t1i day.of _September , 1989, by and between the CITY OF CAPE CANAVERAL, a municipal corporation duly organized and located in Brevard County, Florida, hereinafter referred to.as the City and WESTERN WASTE INDUSTRIES, INC., hereinafter referred to as the Collector.. 1. EXCLUSIVE CONTRACT The City grants to the Collector- the exclusive right and obl,,igation to provide solid waste and recycli,ng.collection services within the City boundaries as so stated in this contract. 2. TERM-OF'CONTRACT The term of this contract shall be a period of five (5). years beginning October 1, 1989 and - continuing through September 30, 1994. The parties hereto may extend this contract by mutual consent in writing at least one (.1) year .prior to the expiration of the current term. 3. DEFINITIONS (A) Approved Container shall mean 'industrial containers as defined herein, and individual containers provided by customer as defined herein to the City. (B) Bins: shall mean containers provided by the Collector. .for the purpose of conducting a recycling program with the City. Bin size shall be as.determined by this agreement. (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 offering goods or services to the public. (E) Commercial shall mean and include all dwellings and businesses serviced by an industrial container of two (2.) cubic yard capacity or greater. (F) 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. (G) Doorside Recycling shall mean the collection of recyclable materials from individual, residences at the doorside 1 (used in large apartment and condo areas where curbside is not practical). (H) Dropoff Center shall be a designated location where the public can deposit recyclable materials with no monetary remuneration. (I) Duplex shall mean and include a detached two - family dwelling designed or intended for occupancy by two (2) families. (J) 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. (K) Hazardous Materials shall mean wastes that are hazardous by reason of their pathological, explosive, radiological or toxic characteristics. (L) 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 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. (M) 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. (N) 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. (0) Industrial Container shall mean a two (2) cubic yard or larger container which can be emptied by mechanical means. (P) 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. 2 (Q) Non - Containerized Business shall mean and include any dwelling, business, apartment or other structure whose garbage and trash is deposited and collected by means other than a container. (R) Recycling: the capture, removal, and reuse of an item or material from the waste stream that would-otherwise be disposed of. (S) Recyclable Materials shall mean any material recovered from the refuse which has been designated as reusable, including, but not limited to, newspaper, plastic beverage bottles, aluminum cans, high grade paper, glass, and others that may be designated later. (T) Refuse shall mean a combination of garbage, horticultural trash and small pieces of materials which are containerized for routine pickup. (U) 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. (V) 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. (W) 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. (X) Trash shall mean a combination of large horticultural materials and material which.by the nature of its size cannot be containerized.. (Y) Triplex shall mean and include a detached-three- family dwelling designed or intended for occupancy.by'three (3) families. (Z) 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 containe"ri.zed 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. 4. SERVICE (A) Garbage pickup shall.occur twice weekly from all locations unless specified otherwise. Pickup will be from the customers container location (back yard service) or preselected dumpster locations. The Collector's collection schedule will be approved by the City. (B) The Collector will provide industrial containers for apartment complexes and all condominium complexes unless specifically excluded. Industrial containers will also be 3 provided businesses requiring such containers. All normal requests shall be filled within three (3) working days. (C) All containers provided.by the. Collector for use on this: contract shall be new or re condi °tioned and of a type acceptable to the City. All Collector' s container -s supplied shall be.' equipped with.easy opening, positive closing lids. (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 facili"ties,, including parks and all rec.reat.ional complexes,, and containers at all beach .end_ streets, at no cost to the- City.' (F-) Bin's: persons oc.cupying.or in,possession of premises in the City shall have initially provided for them by the Collector, one.(l) portable bin for recyclable materials to accomodate the amount. of. recyclable materials generated by those particular premises.. Heavy -duty plastic bags of the type especially manufactured for rubbish collection, and trash compactor sacks, may be used for :materials that occasiona ly- :exceed.. the bin. capacity. Grocer y cartons and paper_ sacks are acceptable as excess recy.c.lable material bins, provided they.-are not torn, wet, or otherwise damaged,. The residents ar -6 responsible for proper care of the container. (d) Placement of bins': each recyclable material bin shall be kept on the premises of the person _ receiv -ing the bin. On the.day designated for collections, it shall be placed for collection on the curb at the normal collection point:.. To assure pickup, each bin containing recyclable 'material shall be placed there not later than seven (7) a.m. on the day of collection.. (H) 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 final bill. 5. HOURS Residential and Recycling: Collection shall be made in resident'ial..ar:eas beginning no earlier. than 7:00 a. m:. Collection shall not occur, after 7:00 p.m., or on Sundays, except in, times . of emergency or during periods when 'Daylight Savings Time is in effect.: Daylight.Savings.Time collection hours may be extended to 9:00 p.m. Commercial: Collections may be made at shopping center and primarily business and industr.i,a,,l centers, at night or' early 4 morning-hours if immediate residential areas are not disturbed by such collections. 6. SPILLAGE AND LITTER .The Collector shall not litter premises in the process of making collections. During hauling, all solid waste shall be contained, tied or enclosed so that leaking, spilling or blowing are prevented. In the event of spillage by the Collector, the Collector shall promptly clean up the litter.. 7. APPROVED CONTAINERS All commercial industrial 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 as. defined 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 pickup. 9.' SPECIAL MATERIALS The Collector shall provide hauling service for materials not routinely generated in residential areas, e.g., construction and industrial materials. Roll -off, open -top, and compactor service shall be coordinated by the customer with the Collector to determine level of service, such- as size of "container and frequency of collection. 10.. EXTRAORDINARY MATERIALS Hazardous wastes, body wastes,, dead „animals, abandoned vehicles,,vehicle and boat parts, large equipment and parts, materials produced by other than owner (e.g. tree trimmers, roofers, etc) will not be collected by the collector unless specifically directed by the City and agreed to by the Collector, at a price to be negotiated per individual collection. 11. COLLECTION EQUIPMENT (A) The Collector shall have on hand at all times, in good working order, such equipment as shall permit the Collector, adequately and efficiently, to perform its duties hereunder. The equipment shall be' purchased from a nationally known and recognized manufacturer. 5 (B) The Collector shall maintain, all collection equipment in good repair, acceptabl.e.appearance, clean and sanitary at. all times. The Collector shall have available for its-'use, at any time, reserve equipment which i.t can put into operation within twelve (12) hours of any breakdown -. .Reserve 'equipment must be capable of performing in such a manner as. will allow the Collector to meet,the general terms of its contract.. (C) The Collector will be responsible for.all- commercial 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.. 1.2. OFFICE The Collector shall use its existing office facility at 3303 Lake Drive, Cocoa, Florida. The Collector will provide radio communication from its office to all vehicles operating in the City of Cape Canaveral. The Collector shall also provide emergency telephone service at all hours which its office is not open. 13. TITLE TO WASTE (A) The City shall have vested title to all refuse materials generated within' the corporate limits of the City. (B) All recyclable material collected{by the Collector - shall: be the property of the Collector from and after the time of collection. No person other than the resident, the. City or the Collector, shall collect materials from, 'any bin or :remove the.,bin from the collection point: 14. DISPOSAL All refuse shall be transported to the Brevard County, Florida operated Solid Waste Disposal station as required by .County Ordinance. Recycle materials should.be- handled by the Collector within applicable laws and agreements. 15. CHARGES AND RATES (A) Residential and Commercial Col- lection: For services required to be performed under this contract for 'residential'. and commercial collections and subsequent transportation to the Brevard County Solid Waste Disposal station, the rates, as of October 1, 1989, are as follows: 6 1. Single family, duplexe's.and'traplexe,s: $7.1,5 per unit Per, month: 2. Mobile home units and individual $4,83 per unit apartments or condominiums per month 3. Individual commeraial.business $8.70 per unit accounts with trash cans per month - A.. Commercial dumpster.s used by commercial, $2 "1:.65 per business, apartment complexes and' containerized' condominiums yard per month` 5. Special collection services in addition $3.09 per to the normally provided twice week container service from commercial dumpsters.as yard pickup provided in paragraph.(4). above. ( B.) Roll -Off Container Service: ,For- service required to be performed' under this contract for roll -off containers as o,f. October 1,, 1989. 1. Container delivery 2.. Per ,Pull 20 cu yd 30 cu yd 40 cu yd $ 50.00 per container $•1.35.00 per container $160.00 per container . $185.00' per . conta.iner 3. Actual disposal cost shall be added to the pull charge plus-20 %. 4. Container rental shall not be c,har.ged for a container pulled - three (3) or more times. per month.. For those pulled less than three. (3) times,, the rent shall not exceed $50.00 per month. 5. Dry runs (responding to customer''' request but not being able to pull c'ontainer') will be charged the'same as the delivery rate. (C)., Recycling Service: For services. required to, be performed under `this contract for recycling. as of October 1, 1,989 with residential curbside recycling, starting November 6, 198,9,: 1. The City and Collector will determine the number of dwelling units receiving services. This number will become the starting base number. Dwelling units ma;y be added or deleted by the City based on the City providing the specific ..,dwelling unit, street, and house number in w- ritin' Start -up may be 'made by phone call wit, I h written follow - -up. ,A new base number will be agreed upon each year at the annual contact date. 7 2. Each dwelling unit will be 'served by the Collector, as described herein for $1.75.+ 1/2 recycle materials :per month..,, The City will pay the Collector this rate times the dwelling unit count determined in Paragraph 15.C.1.'." The Collector will be paid by the 10th of the month following the provided services. 3. Dwelling units may be added or deleted by the City' based on the City providing the specific dwelling unit, street and house number in writing. Start -up maybe made by phone call with written follow -up. 4. Doorside recycling, if desired by the City, will be accomplished at the same rate as curbside, but will be done in large apartment (condo) buildings when curbside is not practical. These units will not be part of the initial. collection effort, but may be added by the City at the same rate as 15.C.2 above. Physically handicapped presons may request and shall receive doorside service. 5. Recycling Centers of one (1) to four (4) containers each will be set -up and maintained by the Collector where citizens drop off their recyclable materials. The cost of a recycling. center is one hundred and twenty -five dollars ($1;25.00) per month per each container, including exchanging (to remove the recycling material) the container up to four (4) times per month.. Each additional exchange will be made for thirty dollars ($.30.00) per time. None of these are included in the initial effort and may be added by the City with written notice to the Collector. The container will be replaced within seven .(7) days after the Collector receives the notice. 6. Materials will be processed and marketed by the Collector. The processing and marketing costs (storage containers, handling materials, and shipping,) subtracted, from the total revenue paid for the materials and held by the 'Collector for those services.. The remaining net revenue from the materials will be divided equally between the City and'Collector. 1.6.,PICKUP LOCATION Garbage shall be picked up from residential backyard 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 at one collection point. -All items at that location on collection days will be considered refuse and shall be picked up. Recycle bins with materials will EI r be placed at the same curbside location. Physically handicapped persons may request and shall receive doorside service. 17. CHANGES IN COST OF DOING BUSINESS (A) Adjustment of Contract Price - The contract price to be paid to the Collector during each year, beginning May 1, 1990, 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 110% per annum on. the base . year contract price).. (B) Computation of Adjustment in Contract Price - As promptly as practicable at the end of each contract year, beginning with the-end of contract year ending September 30, 1989, 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 Labor Statistics of the United States Department of Labor. The Index number for the month of July, 1989�shall be the "Base Index Number ".and. the corresponding Index number for the month of July in the year of each anniversary of this agreement, or any extension thereof, shall be the current Index number. Beginning May 1, 1990 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) / (BIN) x the base year contract price. Any portion of the change in the annual contract price 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 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. (C) Increase or decrease in the standard Workman's Compensation Insurance rate without experience modification based on-actual payroll'May 1,1989, in the month following the change. (D) Addition, of deletion of billed, refuse accounts, including residential,- business and commercial which result. in D the placement or removal of containers. Contract shall be adjusted in the month following such placement or removal. (E) 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. 18. 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 and for roll -off services; the Collector shall bill these services directly to the customer. The Collector shall bear primary responsibility for enforcing this contract against competitors or any other third party. Failure of the collector to enforce this contract against third parties will be construed - as a material breach of the contract. However, as against those who 'scavenge refuse,.. recyclable materials, 'solid waste, or garbage, the City shall be primarily liable for their prosecution. 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 services.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 THE 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 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 10 the customer or City for the placement or removal of any container, except roll -.off containers.,. 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 investigation and correction or. explanation.. Collector's response to this type of complaint will be by written reply and will' be 'made' within three (3) working days after th °e 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 i,s 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. 24. 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 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. 11 26. COLLECTION SERVICES T.he Collector shall be responsible for performing the following services 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 deft 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 respon.s.ble for any dontainer< damage resulting from carelessness by his employees,- (I) Collector must supply equipment equipped with sp.r.ay system so that all.indust'rial containers shall be sprayed on a once a month basis with a disinfectant. (J) Collector will collect any and all refuse and /or trash. that may be required by,the City. MY The Collector shall operate ' a °nd maintain ' .a total, solid waste recycling program,, starting with curbside pickup and con.sist.i.ng of the c,ollection., . processing and broke.ri:ng o.'f recyclable materials from residences that are presently receiving residential garbage service: Materials to be collected include the follow: Newspaper: Newspaper only. No phone books, brown paper, colored newspaper, magazine paper, etc.. Aluminum Cans: No tin cans, odd pieces of aluminum, such as_ toys',,chairs, etc. Glass Jars and Bottles: windowshields, etc.. 12 No mirror, window pains, Plastic Bottles: Milk and drink bottles only. No soap, clor.ox,, oil bottles or odd.pieces of plastic. NO STYROFOAM. (L) The Collector shall furnish a single b,n to each home for the purpose of storing recyclable materials in the home-and identifying the recyclable mater -ials at the curb.... The Collector will replace, up to.five' (5)-percent per year,-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 b'in,. C;M) Collector shall remove only such. recyclable materials,. from all single -family `homes and multiple residential complexes receiving regular residential garb -age colle.etion in. accordance with the' specification and restrictions of this agreement. These materials are to be placed in th,e recycling' bin or` placed directly beside the bin and that are placed at the normal collection point at. the curb. ('N) From residential areas,-recyclable materials shall be collected each week on a normal garbage collection day. There shall be no lim=it to the quantity of recyclable materials that will be - picked up from each residence,. (Q) The City may inspect the recyclable materials to ascertain that they conform to the requirements of this agreement and to the.type of -bans, 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: 27. RECYCLING PROGRAM' (A;) Care, Size and Type of Bins: (1) All recyclable material bins shall be replaced where found. Recyclable material placed in bins shall-not exceed a weight of fifty (50) pounds, including the weight of the bins and contents. (2) Bins shall be kept in a sanitary condition by the owner or person in control. (3) The. Collector, his, agents and /or employees,, shall not in any way break or damage. or roughly h,an dle customer's recyclable material, .bins. The Collector shall, replace up to- five (5) percent of the bins each year due to loss or breakage. One home should .not be given-more than one (1) replacement each year. All bins damaged by the Collector,. shall be replaced by the Collector and not included in the five (5') percent., 13 (4) The actual size of the bins will be determined by the Collector, but should be in the fourteen (14) gallon range. (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. Collector, within reason, will participate in the program and shall cooperate in the implementation of promotional activities. All materials and publications used by the Collector shall be reviewedby 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 storing, processing, and shipment will be taken out of the revenue received for the sale of material. The remaining money will be divided equally between the City and the Collector. 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 shall submit monthly (4 or 5 weeks) reports. 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 rep will be issued to the City showing the amount of materials from the City that was involved in the sale, the portion of the storage, 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 14 City,.but if the revenue exceeds the cost, the City will receive one half (1/2) of the.excess. .28. 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 satisfactory to the City Manager or not in accord with this contract. If such failure is due to war, inssurection, 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 Collector disagrees 'with the City Manager's decision regarding breach, then the Collector shall have the right to appeal the decision to the City Council at the next regularly scheduled Workshop and 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 is .unable for any cause to resume performance at the end of thirty (30) calendar days, the City shall be free to negotiate with other collectors for the. operation of said collection service. Such operation with another Collector shall not release the Collector herein of its liability to the City for such breach of the contract. In the event that this contract is so negotiated with a new Collector or other Collectors, third party liability.of the Collector herein shall terminate insofar as same arises from - tortious conduct in operation of the collection service. 29. BANKRUPTCY It is agreed that if the Collector is adjudged bankrupt, either voluntarily or involuntarily, then this contract 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, 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 15 dispute, or initiating the dispute, the matter shall be submitted to t'-- 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 enforc,e same. Nor shall waiver by the City of any breach of any provisions hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. 32. LAW TO GOVERN This contract shall be governed by the laws of the State of Florida both as to interpretation and performance. 33. COMPLIANCE WITH LAWS The Collector shall conduct operations under this contract in compliance with all applicable laws. 34. ILLEGAL PROVISIONS If any provision of this contract shall be declared illegal, void, or unenforceable, the other provisions shall not be affected but shall remain in full force and effect. 35. PERMITS AND LICENSES The Collector shall obtain at its own expense all permits and licenses required by law or ordinance and maintain same in full force and effect. 36. PERFORMANCE BOND The Collector shall furnish to the City a Performance Bond for the faithful performance of this contract and all obligations arising hereunder, in the amount of forty -five thousand dollars ($45,000.00). 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 Worker'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 16 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 Property Damage $100,000 per person /$300,000 per accident, minimum $100,000 per any one claim, minimum Umbrella Liability $1,000.00 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 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 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, damage to property arising out of work done in the performance of this contract, or any other cause of action asserted against the City under or arising from 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. 17 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. 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 avai.lable..to the City to substantiate all contract adjustments. An annual audit,may be requested by the City and conducted by an auditor selected by the City, at the Collector's. expense. A copy of said audit shall be furnished to the City. 42. POINT OF CONTACT 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. 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 November 6, 1989. 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 of such service. An election to seek 18 I 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- $10.00 each residen- four (24) hours of notification to tial or commercial Collector unit served by con: - tainer, Repetition of valid complaints on a route $ SAS each after notification to replace container in designated location, spilling, not closing gate, crossing planted areas or similar violations Such l.iqu':idated damages as the City shall elect to collect will be deducted from the monthly payments d'ue `the Collector.' Each complaint shall ,be determined. on the basis of a Joint inspection, if necessary, by a representative of the City, -and a representative of the Collector, and the decision of the City Manager that any complaint is'legitimate shall be final. 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 this. 'contract.,, or neglect or refuse to comply with the instructions of th +e 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 an-d delivered' to the City. Should the, Collector fail to show cause why i-t ha.s abandoned, delayed, refused, failed �or n'eglected to comply with the, terms of the contract, to the satisfaction of the.City Council, the City Council may, by resolution; declare a default of the contract and notify the Collector and 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 s-hall be retained by the City and applied to th.e complet -ion 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 cont,ra'ct, in which event, all payments remaining due the Collector -at the time of default, less amounts due the City from the Collector and le,sa 19 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 reletting 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 th;e 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. ATTEST: CJUty Clerk WITNESS: CITY OF CAPE CANAVERAL ,2 0 WESTERN WASTE INDUSTRIES,- INC:. B M o ,2 0 WESTERN WASTE INDUSTRIES,- INC:.