HomeMy WebLinkAboutOrdinance No. 13-2014 ORDINANCE NO. 13-2014
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, FLORIDA, ADOPTING A
REVISED SOLID WASTE FRANCHISE AGREEMENT
WITH WASTE PRO OF FLORIDA, INC. PURSUANT TO
SECTION 2.12(3) OF THE CITY CHARTER; ADOPTING
THE SOLID WASTE RATES SET FORTH IN THE SOLID
WASTE FRANCHISE AGREEMENT; PROVIDING FOR
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, INCORPORATION INTO THE CODE,
SEVERABILITY,AND AN EFFECTIVE DATE.
WHEREAS,the City is granted the authority,under Section 2(b),Article VIII,of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, Section 2.12(3) of the City Charter, which was approved by the voters in
2010, requires that the City Council approve all franchise agreements by Ordinance; and
WHEREAS, there is an immediate and continuing need for the collection and disposal of
bulk trash, refuse, vegetative waste, recyclable materials, white goods, and construction and
demolition debris from residents,businesses,and other entities within the municipal boundaries of
the City of Cape Canaveral; and
WHEREAS, Waste Pro of Florida, Inc. ("Waste Pro") has the necessary equipment,
personnel, and experience to properly collect and dispose of solid waste; and
WHEREAS, Resolution 2009-24, adopted on August 4, 2009 awarded a franchise to
Waste Pro of Florida, Inc. and included two five (5) year renewal options; and
WHEREAS, on July 19, 2011, the City and Waste Pro mutually agreed to amend the
Franchise Agreement to streamline/simplify billing for Commercial customers to include the
billing for the wheels and lock bars services provided by Waste Pro; and
WHEREAS,the City Council of the City Council of Cape Canaveral,Florida hereby finds
this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of
the City of Cape Canaveral and its resident businesses and other entities to grant the franchise to
Waste Pro of Florida, Inc. to provide for the collection and disposal of bulk trash, refuse,
vegetative waste,recyclable materials, and construction&demolition debris as agreed upon in the
attached Solid Waste Agreement, effective October 1, 2014; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
City of Cape Canaveral
Ordinance No. 13-2014
Page 1 of 3
this reference and are deemed a material part of this Resolution.
Section 2. Adoption of Solid Waste Franchise Agreement. The City Council of
the City of Cape Canaveral, Florida hereby approves and adopts the Solid Waste Agreement
between the City of Cape Canaveral, Florida and Waste Pro of Florida, Inc. A copy of said
Agreement is attached hereto as "Attachment A," and is fully incorporated herein by this
reference, and shall become effective on October 1, 2014.
Section 3. Adoption of Solid Waste Rates. The City Council of the City of Cape
Canaveral, Florida hereby approves and adopts the solid waste rates set forth in"Exhibit A"to the
Solid Waste Agreement, attached hereto as"Attachment A." The Solid Waste Rates, as may be
amended or annually adjusted by the consumer price index pursuant to Paragraph 5.0 of the Solid
Waste Agreement, shall be incorporated into the Code in accordance with Section 5 of this
Ordinance.
Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions or parts of ordinances and resolutions in conflict herewith
are hereby repealed to the extent of the conflict.
Section 5. Incorporation of Franchise Agreement Into Code. The terms and
conditions of the Solid Waste Agreement shall be incorporated into the Cape Canaveral City Code
and any section or paragraph, number or letter, and any heading may be changed or modified as
necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be
corrected and additions, alterations, and omissions, not affecting the construction or meaning of
this ordinance and the City Code may be freely made.
Section 6. Severability. If any section, subsection, sentence,clause,phrase,word,or
portion of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
Section 7. Effective Date. This Ordinance shall become effective immediately
upon adoption by the City Council of the City of Cape Canaveral, Florida and shall be given
retroactive effect commencing on October 1, 2014.
[Adoption page follows]
City of Cape Canaveral
Ordinance No. 13-2014
Page 2 of 3
ADOPTED by the City Council of the City of Cape Canaveral, Florida this 21st day of
October, 2Q14."
_ r , r
rROCKY RANDELS, Mayor
ATTE'S'T' Name FOR AGAINST
is 1
4 �`� �:r lK\:'7 John Bond Second
Op11A, i',. Bob Hoog X
C��
ANGELA APPERSON,City Clerk Buzz Petsos Motion
Rocky Randels -X—
Betty Walsh
Approved .s to egal form and sufficiency
for the Ci w of I ape Canaveral only by:
ANT '
• .GARGANESE,Ci! Attorneyv•�'�
First Reading: September 16, 2014
Legal Ad Published: September 25, 2014
Second Reading: October 21, 2014
City of Cape Canaveral
Ordinance No. 13-2014
Page 3 of 3
Attachment "A" to Ordinance No. 13-2014
SOLID WASTE AGREEMENT
THIS AGREEMENT made and entered into this 21st day of October, 2014, by and between
the CITY OF CAPE CANAVERAL, FLORIDA, a Florida Municipal Corporation, located at
105 Polk Avenue, Cape Canaveral, Florida 32920 (hereinafter "City ") and WASTE PRO OF
FLORIDA, INC., a Florida Corporation, located at 2101 W. State Road 434, Suite 315,
Longwood, Florida 32779 (hereinafter "Contractor").
WITNESSETH:
WHEREAS, there is an immediate and continuing need for the collection and disposal
of bulk trash, refuse, vegetative waste, and recyclable materials from residents, businesses, and
other entities within the municipal boundaries of the City of Cape Canaveral; and
WHEREAS, in 2009 the City completed a competitive bidding process for the
collection and disposal of bulk trash, refuse, vegetative waste, and recyclable materials within
the City of Cape Canaveral; and
WHEREAS, Contractor has the necessary equipment, personnel, and experience to
properly perform the collection and disposal services described herein; and
WHEREAS, upon review of the competitive bids submitted, the City Council of the
City of Cape Canaveral determined that Contractor's bid was the lowest and most responsible
bid submitted, and the City Council determined that it is in the best interests of the public
health, safety, and welfare of the citizens of the City of Cape Canaveral and its resident
businesses and entities to award a franchise to Contractor to provide for the collection and
disposal of bulk trash, refuse, vegetative waste, recyclable materials, construction and
demolition debris upon the terms and conditions more particularly described herein; and
WHEREAS, in consideration of the excellent service provided by the Contractor, the
September 2014 expiration and the need to clarify certain portions of the contract; both parties
have decided it is in the best interests of both to re-negotiate the 2009 contract.
NOW THEREFORE, in consideration of the mutual covenants, agreements, and
consideration contained herein, the City and Contractor agree as hereinafter set forth:
1.0 Recitals. The foregoing recitals are true and accurate and are incorporated herein by
reference.
2.0 Definitions. The following words and phrases contained in this Agreement shall have
the meaning ascribed in this section unless the context clearly indicates otherwise:
2.1 Authorized Representative: Shall mean the City Manager or his designee who
shall represent the City in the administration and supervision of the Agreement.
The City Manager's designee, if any, shall be appointed in writing, and said
Solid Waste Agreement
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Page 1 of 44
Attachment "A" to Ordinance No. 13-2014
appointment may be for the administration and supervision of this Agreement, in
whole or in part.
2.2 Biohazardous Waste: Shall mean any solid waste or liquid waste which may
present a threat of infection or disease to humans or may reasonably be
suspected of harboring pathogenic organisms. The term includes, but is not
limited to, non—liquid human tissue and body parts; laboratory and veterinary
waste, which contain human-disease-causing agents; used or contaminated
disposable sharps (e.g. hypodermic needles, syringes, broken glass, and scalpel
blades), human blood, and human blood products and body fluids; and other
materials which in the opinion of the Department of Health and Rehabilitative
Services represent a significant risk of infection to persons outside the
generating facility.
2.3 Biological Waste: Shall mean solid waste that causes or has the capability of
causing disease or infection and includes, but is not limited to, Biohazardous
waste, diseased or dead animals, and other waste capable of transmitting
pathogens to humans or animals.
2.4 Bulk Trash: Shall mean any non-vegetative item which cannot be containerized,
bagged or bundled; including, but not limited to, inoperative and discarded
refrigerators, ranges, toilets, washers, dryers, bath tubs, water heaters, sinks,
bicycles, car tires, and other similar appliances; household goods, and furniture
and shall not be commingled with vegetative waste.
2.5 City: Shall mean the City of Cape Canaveral, a Florida Municipal Corporation
located in Brevard County, Florida, acting through its City Council or
Authorized Representative.
2.6 City Council: Shall mean the City Council of the City of Cape Canaveral,
Florida.
2.7 City Code or Code: Shall mean the Code of Ordinances of the City of Cape
Canaveral, Florida.
2.8 Collection and Disposal Service: Shall mean the process whereby refuse, bulk
trash, vegetative waste, or recyclable material is collected and transported for
disposal by Contractor under this Agreement to a designated facility or some
other approved disposal facility.
2.9 Collection Equipment: Shall mean any vehicle or equipment that is used by
Contractor to perform the collection and disposal services required by this
Agreement.
2.10 Collection Vehicle: Shall mean any vehicle that is used by Contractor to
perform the collection and disposal services required by this Agreement.
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Attachment "A" to Ordinance No. 13-2014
2.11 Collection Regulations: Shall mean any local, state, and federal laws and
administrative rules that regulate any and all aspects of collection and disposal
services, as may be in existence during the term of this Agreement.
2.12 Compactor: Shall mean and include containers dumped mechanically by a
collection vehicle and able to be serviced by Contractor. The type serviced by a
front end loader generally ranges in size from 2-10 cubic yards. The type
serviced by a roll off truck generally ranges from 15-50 cubic yards. Both units
are designed to mechanically compact solid waste.
2.13 Commercial Service: Shall herein refer to the collection and disposal services
provided to business establishments, churches, schools, multiple dwelling units,
office buildings and other commercial establishments serviced by mechanical
container and/or commercial 96 gallon cart service. Commercial Service is
further defined as any service identified within Exhibit "A" other than Service
Code SFR1, MHR2, and RCCM.
2.14 Commercial Trash: Shall mean any and all accumulations of paper, rags,
excelsior or other packing materials, furniture, appliances, wood, cardboard
boxes or containers, sweepings, and any other similar accumulation not included
under the definition of garbage, generated by the operation of stores, offices, and
other commercial establishments. Commercial trash shall not include special
waste.
2.15 Complaint: Shall mean verbal or written indication from a customer or its
Authorized Representative of a problem with any aspect of the collection and
disposal services provided by Contractor pursuant to this Agreement, whether or
not the problem results in a service call by Contractor.
2.16 Construction and Demolition Debris: Shall have the same meaning proscribed
in 62-701.200(24), Florida Administrative Code, which at the effective date of
this Agreement means:
Discarded materials generally considered to be not water soluble and non-
hazardous in nature, including but not limited to steel, glass, brick, concrete,
asphalt material, pipe, gypsum wallboard, and lumber, from the construction or
destruction of a structure as part of a construction or demolition project or from
the renovation of a structure, including such debris from construction of
structures at a site remote from the construction or demolition project site. The
term includes rocks, soils, tree remains, trees, and other vegetative matter that
normally results from land clearing or land development operations for a
construction project; clean cardboard, paper, plastic, wood, and metal scraps
from a construction project; except as provided in Section 403.707(9)(j), F.S.,
yard trash and unpainted, non-treated wood scraps from sources other than
construction or demolition projects; scrap from manufacturing facilities that is
the type of material generally used in construction projects and that would meet
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Attachment "A" to Ordinance No. 13-2014
the definition of construction and demolition debris if it were generated as part
of a construction or demolition project, including debris from the construction of
manufactured homes and scrap shingles, wallboard, siding concrete, and similar
materials from industrial or commercial facilities and de minimis amounts of
other non-hazardous wastes that are generated at construction or demolition
projects, provided such amounts are consistent with best management practices
of the construction and demolition industries. Mixing of construction and
demolition debris with other types of solid waste will cause it to be classified as
other than construction and demolition debris.
2.17 Contract or Agreement: Shall mean this Contract, and any amendments,
executed by the City and the Contractor or renewals from time to time, for the
performance of the collection and disposal services described herein.
2.18 Contractor or Franchisee: Shall mean Waste Pro of Florida., Inc. and its
directors, officers, employees, agents, contractors, and assigns.
2.19 CPI: Shall mean the Consumer Price Index All Urban Consumers, Series ID:
CUURX000SAO, not seasonally adjusted, size class B/C (between 50,000 and
1,500,000), all items, base period December 1996=100, as published by the
United States Department of Labor, Department of Labor Statistics.
2.20 Customer: Shall mean City and any person, establishment or entity who
receives, is required to receive, or requests collection and disposal services
within the service area.
2.21 Designated Facility: Shall mean a disposal processing, recovery, recycling or
transfer facility designated by the Authorized Representative.
2.22 Disposal Costs: Shall mean the "tipping fees" or landfill costs charged to the
Contractor by others for the disposal of solid waste collected by the Contractor
in performing collection and disposal services provided hereunder.
2.23 Dispute: Shall mean a disagreement between Contractor and City concerning a
question of fact, interpretation of this Agreement, Contractor's compliance and
performance with the terms and conditions of this Agreement, and Contractor's
level of service provided while performing collection and disposal services. A
dispute does not include a disagreement concerning an annual evaluation as
provided in paragraph 9.3.
2.24 E-Waste: Shall mean Electronic Waste that includes, but is not limited to,
computer towers; laptop computers; keyboards, zip and external hard drives; flat
screen monitors, scanners, printers, battery backup units; speakers, cables and
related accessories; A/V equipment including amps, receivers, DVD, VCR,
televisions, cassette and reel to reel tape players, turntables & related electrical
hardware; power tools (plug-in and rechargeable); battery packs and chargers;
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Attachment "A" to Ordinance No. 13-2014
communication devices (hand held & ham radios, pagers, cell phones, cordless
& wired phones); rechargeable appliances (dust-busters, shavers, flashlights,
small toys, fans); digital cameras, recorders, GPS units and related hardware;
remote controls; electrical motors up to 3 HP; microwave ovens; all circuit
boards; all Mercury-Containing Devices; i.e., fluorescent tubes and compact
fluorescent bulbs; HID bulbs; thermostats, thermometers and switches.
2.25 Franchise: Shall mean an initial authorization or renewal thereof, voluntarily
entered into by the Contractor and issued by the City, whether such authorization
is referred to as a franchise permit, license, ordinance, resolution, agreement, or
contract, which authorizes collection and disposal services within the service
area. All franchises shall be presumed to be non-exclusive unless otherwise
specifically authorized by City in writing. Any such authorization, in whatever
form granted, shall not mean or include any franchise or permit required for the
privilege of transacting and carrying on a business within the service area as
required by other Code provisions and ordinances of the City.
2.26 Garbage: Shall mean all putrescible waste, which generally includes, but is not
limited to, kitchen and table food waste, animal, vegetative, food or any organic
waste that is attendant with or results from the storage, preparation, cooking or
handling of food materials whether attributed to residential or commercial
activities. Garbage shall not include special waste.
2.27 Hazardous Waste: Shall mean waste defined as hazardous waste pursuant to
local, state, and federal law.
2.28 Household Trash: Shall mean the accumulation of paper, excelsior, rags,
wooden or paper boxes and containers, sweepings, broken toys, tools, utensils,
whole automobile tires (not to exceed an amount permitted by the designated
facility), construction and demolition debris from "do-it-yourself' projects not to
exceed two cubic yards per customer per collection, and all other accumulations
of a similar nature other than garbage and vegetative waste, which are usual to
housekeeping, "do-it-yourself' home improvements, and home occupations (as
defined by City Code).
2.29 Mechanical Container: Shall mean and include plastic or metal containers 2
cubic yards and greater, dumped mechanically by a collection vehicle and able
to be serviced by Contractor.
2.30 Multiple Dwelling Units: Shall mean any building containing three (3) or more
permanent living units, not including motels and hotels.
2.31 Performance and Payment Bond or Letter of Credit: Shall mean the form of
security approved by the City and furnished by the Contractor as required by this
Contract as a guarantee that the Contractor will perform the collection and
disposal services in accordance with the terms of the Contract.
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Attachment "A" to Ordinance No. 13-2014
2.32 Recyclable Materials: Shall mean newspapers (including inserts), aluminum
and tin cans, plastic containers (HDPE and PET), brown, clear and green glass
bottles and jars, and other solid waste materials added upon written agreement
between the City and the Contractor, when such materials have been either
diverted from the remaining solid waste stream or removed prior to their entry
into the remaining solid waste stream.
2.33 Recycling: Shall mean any process by which recyclable materials are collected,
separated, and processed for purposes of extracting or reusing the raw materials
contained in the recyclable materials.
2.34 Recycling Container: Shall mean a minimum fourteen (14) gallon recycling bin
or larger cart used by residential customers and one or more ninety-six (96)
gallon recycling carts for commercial and multiple dwelling unit customers, or
other types of recycling bins approved by the Authorized Representative, to
store recyclable materials for collection and disposal service.
2.35 Refuse: Shall mean commercial trash, household trash and garbage, or a
combination or mixture thereof.
2.36 Refuse Container: Shall mean a heavy plastic receptacle, with a rated capacity
of not more than ninety-six (96) gallons, having hinged tight-fitting lid and
wheels, which is designed or intended to be used for automated or semi-
automated collection. Carts will be provided by and distributed by the
Contractor. Contractor shall retain ownership of the carts.
2.37 Residential: Shall mean single family detached homes, duplexes, multiple
dwelling units, and mobile home/RV parks.
2.38 Residential Service: Shall mean collection and disposal services provided to
persons occupying residential dwelling units, mobile homes, RV parks and
multiple dwelling units not receiving commercial service under this Agreement.
Residential service is further defined as services identified within Exhibit "A"
with a Service Code of: SFR1, MHR2, and RCCM.
2.39 Roll-off Container: Shall mean a dumpster, which is used for the collection and
disposal of construction and demolition debris or solid waste. The roll-off
container may be of the open or enclosed variety and is typically hoisted onto a
specially equipped truck for transporting the construction/demolition debris or
solid waste to a designated facility.
2.40 Service Area: Shall mean the area within the municipal boundaries of the City
of Cape Canaveral, Florida, as may be modified from time to time pursuant to
Chapter 171, Florida Statutes.
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Attachment "A" to Ordinance No. 13-2014
2.41 Sludge: Shall mean the accumulated solids, mixed liquids, residues, and
precipitates generated from wastewater treatment, water supply treatment, air
pollution control facilities, septic tanks, grease traps, privies, or similar waste
disposal appurtenances.
2.42 Solid Waste: Shall mean bulk trash, refuse, vegetative waste, and recyclable
materials or any combination thereof.
2.43 Special Waste: Shall mean solid wastes that require special handling and
management by Contractor, and which are not accepted at the designated
facility, other disposal facility, or which are accepted at the designated facility,
or other disposal facility, at higher rates than is charged for refuse, including, but
not limited to, asbestos, whole tires which do not constitute household trash,
used oil, lead—acid batteries, and biohazardous wastes.
2.44 Transfer: Shall mean the disposal, directly or indirectly, by gift, assignment,
voluntary sale, merger, consolidation or otherwise, of twenty percent (20%) or
more at one time of the ownership or controlling interest of Contractor, or thirty-
five percent (35%) cumulatively over the term of the Agreement of such
interests to a corporation, partnership, limited partnership, trust or association, or
person or group of persons acting in concert or a change in control. Transfer
shall not include any transfer or assignment to a person controlling, controlled
by, or under the same common control as the Contractor at the effective date of
this Agreement.
2.45 Vegetative Waste: Shall mean any vegetative matter resulting from routine and
normal yard and landscaping maintenance generated on site and shall include
materials such as tree and shrub materials, grass clippings, palm fronds,
Christmas trees, tree branches and similar vegetative matter usually produced in
the care of lawns, landscaping and yards. Hired Contractors and Landscapers
must haul away any vegetation debris they produce.
3.0 Grant of Franchise. There is hereby granted to Contractor an exclusive right, privilege
or franchise to collect and transport for disposal of solid waste and construction and
demolition debris within the service area, during the term of this Agreement and subject
to the limitations and conditions as set forth in this Agreement. All rights granted to
Contractor hereunder shall be subject to the continuing right of the City to regulate the
City's rights-of-way and to protect the public health, safety, and welfare and shall, at the
sole discretion of the City, be in the public's interest. The grant of this Franchise shall
not affect the City's right to provide collection and disposal services not expressly and
unambiguously provided hereunder to Contractor on an exclusive basis or during an
emergency. In the event of any conflict or ambiguity hereunder as to whether a
collection and disposal service is exclusively granted to Contractor, the conflict or
ambiguity shall be construed as granting Contractor a non-exclusive Franchise with
respect to the collection and disposal service at issue. Nothing under this Agreement
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Attachment "A" to Ordinance No. 13-2014
shall be construed as providing any Franchise for collection and disposal services not
expressly provided for hereunder.
4.0 Scope of Work. It is the intent of this Franchise to provide for the exclusive collection
and disposal service of solid waste within the service area, with the exception of the
exclusions specifically set forth in this Agreement. Contractor shall perform the
collection and disposal services under the following terms and conditions, all of which
shall be a material part of this Agreement:
4.1 General Requirements: Contractor shall fully comply with the following:
A. Laws and Regulations. Contractor shall be familiar and comply with all
collection regulations and shall be solely responsible for determining,
absorbing, and adjusting to the financial and practical impact such
regulations have on its operation.
B. Labor, Insurance, Equipment, etc. Contractor shall provide, at its sole
cost and expense, all labor, insurance, supervision, machinery,
equipment, plant and office buildings, trucks, tools, equipment, and
accessories necessary to perform the collection and disposal services in
accordance with the level of service required by this Agreement.
C. Protection of Public/Private Property and Utilities. Contractor shall
conduct his work in such a manner as to avoid damage to private or
public property and shall repair or pay for any damage caused by its
operations, except reasonable wear and tear to roadways. Contractor shall
have knowledge of all existing utilities and operate with due care in the
vicinity of such utilities and shall repair or have repaired, at no additional
cost to the customer or utility owner, any breakage or damage caused by
its operations.
D. Spillage. Contractor shall not cause any spillage of solid waste to occur
upon private or public property or the rights-of-way wherein the
collection and disposal service occurs. Collection and disposal service
shall be performed by Contractor to avoid leaking, spilling, and blowing
of solid waste. In the event of any spillage caused by Contractor,
Contractor shall promptly clean up all spillage at its expense. Contractor
shall maintain sufficient equipment on each collection vehicle (e.g. fork,
broom, shovel) to pick up spillage. In addition, Contractor shall promptly
clean up all fluid spillage from collection equipment to the maximum
extent feasible and promptly notify the Authorized Representative of all
such fluid spillage.
E. Designated Facility. All solid waste shall be hauled to a designated
facility as directed in writing by the Authorized Representative and
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Attachment "A" to Ordinance No. 13-2014
disposed of at those facilities. At present, such designated facility
includes the Brevard County disposal facility.
F. Holidays. Contractor has the option to provide collection and disposal
service on holidays observed by the City. The City shall provide a list of
such holidays to the Contractor annually. Any disposal and collection
service that would have been regularly provided, but for the holiday,
shall be provided the next regularly scheduled pick-up day after the
holiday, unless otherwise directed by the Authorized Representative in
writing. Contractor shall maintain the frequency of collection required by
paragraphs 4.2(A), 4.3(A), and 4.4(A) during holiday weeks. Contractor
shall coordinate with Authorized Representative to inform the customers
of any variance in the collection schedules resulting from a holiday at
least five (5) days prior to each holiday.
G. Contractor's Office. Contractor shall provide, at its sole cost and
expense, a suitable office located within reasonable proximity to the
service area. Within said office, Contractor shall maintain, during
Contractor's normal working hours, a staff and a local telephone number
where complaints and requests for collection and disposal service shall
be received, recorded in a log, and handled during Contractor's normal
working hours. The office shall also provide for a means to promptly
handle emergency complaints and requests for service.
H. Litter and Dangerous Animals. Contractor shall not be responsible for
scattered solid waste which can be categorized as litter unless the same
has been caused by Contractors acts or omissions, in which case, all such
scattered solid waste shall be picked up immediately by Contractor.
Contractor is also required to pick-up and dispose of any dead animals
"road kill" found on the streets or sidewalks of the service area.
Contractor shall maintain sufficient equipment on each collection vehicle
(e.g. fork, broom, shovel) to pick up such scattered solid waste.
Contractor shall not be required to expose themselves to the danger of
being bitten by vicious dogs and animals, roaming at large, in order to
accomplish collection and disposal services. However, in the event
Contractor is unable to provide collection and disposal services to a
customer under such conditions, Contractor shall promptly notify the
Authorized Representative and customer, in writing, of such conditions
and its inability to provide such collection and disposal services.
Hours and Days. Except for unusual circumstances approved by the
Authorized Representative in writing or as otherwise provided elsewhere
in this Agreement, Contractor shall not perform collection and disposal
services prior to 7:00 A.M. or after 7:00 P.M., E.S.T., Monday through
Saturday. No collection and disposal services shall normally occur on
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Attachment "A" to Ordinance No. 13-2014
Sundays and holidays designated in paragraph 4.1(F) unless authorized
in writing by the Authorized Representative.
J. Tagging Solid Waste Improperly Containerized. In the event solid
waste is not containerized, bundled, or piled pursuant to this Agreement
and Contractor does not perform collection and disposal services
regarding such solid waste, Contractor shall tag the container, bundle,
pile, or subject property with a written notice containing a brief
explanation why the container, bundle, or pile was not collected and
disposed of and promptly notify the Authorized Representative. The
solid waste shall be collected and disposed of at the next regularly
scheduled collection day, provided the solid waste is properly
containerized,bundled, or piled.
K. Customer Report; City Billing Database. Contractor and City agree
that the monthly customer report required to be maintained and filed by
Contractor pursuant to paragraph 19.3(A) is vital to keeping an accurate
account of all customers receiving collection and disposal services under
this Agreement and for ensuring accurate billing of customers by City.
To this end, Contractor and City agree that each party must diligently
maintain an accurate, up-to-date list of customers and the collection and
disposal services received by those customers. The Contractor shall
promptly notify the City of any new and existing Customers requesting
collection and disposal services and any current Customers terminating
such services.
L. Site Plan/Development Review. City shall notify Contractor of pending
site plan and development review applications in order to give Contractor
an opportunity to comment during the review process on the placement
of refuse or mechanical containers and the point of collection of solid
waste.
4.2 Residential Service. Contractor shall provide residential collection and disposal
service as follows:
A. Frequency of Collection. Contractor shall provide collection and
disposal services for household trash and garbage at least two (2) times
per week, with collections at least three (3) days apart, and for bulk trash,
vegetative waste, and recyclable materials not less than once per week.
B. Point of Collection. Collection of household trash, garbage, bulk trash,
vegetative waste, and recyclable materials shall be within five (5) feet of
curbside. In the event an appropriate location cannot be agreed upon by
the customer and Contractor, the Authorized Representatives shall
designate the location. The Contractor and Authorized Representative
shall mutually agree upon a point of collection locations for non -
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Attachment "A" to Ordinance No. 13-2014
conforming service areas. For customers who are certified by a doctor as
disabled and are unable to place household trash, garbage, or recyclable
materials at the curb, collection shall be from the disabled customer's
garage door or some other location acceptable to the customer. The
refuse container and/or recycling container shall be returned by
Contractor to the garage door or other location reasonably convenient to
customer.
C. Containers and Preparation.
1. Household Trash and Garbage. Garbage and household trash
shall be placed only in carts. Contractor shall be required to
provide collection and disposal services for all household trash
and garbage generated from residential customers which has been
properly prepared and stored in a refuse container provided under
the Automated Cart Program. Customers will be responsible for
associated fees set forth in Exhibit "A".
2. Recyclable Materials. Contractor shall be required to provide
collection and disposal services for all recyclable materials
generated from residential customers which have been properly
prepared and stored in a recycling container. Customers will be
responsible for associated fees set forth in Exhibit"A".
3. Vegetative Waste. Contractor shall be required to provide
collection and disposal services for all vegetative waste generated
from residential customers provided same are placed in a refuse
container (cart) provided under the Automated Cart Program.
Vegetative waste shall be segregated from the garbage and
household trash which shall be placed in a separate cart. All
leaves and pine needles, ornamental shrubs, clippings and tree
trimmings with branches less than 3 inches in diameter making
up not more than one cubic yard shall be placed in the cart. Tree
limbs, tree trunks, palm fronds, etc., shall be cut in lengths of no
greater than four (4) feet in length; shall be no larger than 6
inches in diameter and shall not exceed fifty (50) pounds per
limb, trunk, frond, or bundle thereof. A special pick-up will be
required when a "Cherry Picker, Claw or Clam" type collection
vehicle is required to collect excess piles of vegetative waste in
excess of the maximum length and poundage set forth in this
paragraph. Unbundled piles of yard waste will be subject to a
minimum '/2 Claw Truck fee per pickup for less than 10 yards or
full Claw Truck fee per pickup for more than 10 yards. Hired
Contractors and Landscapers must haul away any vegetation
debris they produce. Customers will be responsible for
associated fees set forth in Exhibit"A".
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Attachment "A" to Ordinance No. 13-2014
4. Bulk Trash. Contractor shall be required to provide collection
and disposal services for all bulk trash generated from residential
customers regardless of whether it is containerized.
5. E-Waste. Contractor will collect and dispose of electronic waste
placed curbside at no additional cost.
4.3 Commercial Service. Contractor shall provide commercial collection and
disposal service as follows:
A. Frequency of Collection. Contractor shall provide collection and
disposal services for commercial trash and garbage at least two (2) times
per week for unsealed containers, and more frequently as mutually
agreed to by Contractor and the commercial customer. For vegetative
waste and recyclable materials (if vegetative waste and/or recyclable
material service is requested by customer) not less than once per week
for an additional charge (Exhibit"A" rate schedule).
B. Point of Collection. Collection of commercial trash, garbage, vegetative
waste, and recyclable material shall be at a location mutually agreed
upon by the customer and Contractor, and approved by the Authorized
Representative. If mutual agreement cannot be reached between
customer and Contractor, the Authorized Representative shall designate
the location. However, in the event the location was approved as part of a
site plan or development review process, the location shall be as shown
on the final approved site or development plan. To the maximum extent
feasible, the designated location shall be located in a place that provides
for safe, convenient, and expedient access by Contractor.
C. Containers and Preparation.
1. Commercial Trash and Garbage. Contractor shall be required
to provide collection and disposal services for all commercial
trash and garbage generated by commercial customers which has
been properly prepared and stored in a refuse container,
mechanical container, roll-off container, or compactor under the
following conditions:
a. Customers shall be permitted to use refuse containers
(carts) provided the amount of commercial trash and
garbage per collection can be stored in a maximum of four
(4) 96 gallon carts; otherwise, customers shall be required
to use one or more of the following: mechanical
containers, compactor service, roll-off containers.
Contractor shall provide such customers with one (1) 96
gallon cart. Customers may purchase additional carts for a
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Attachment "A" to Ordinance No. 13-2014
fee and shall pay the monthly service rate as set forth in
Exhibit"A".
b. Contractor shall be required to provide an adequate
number of mechanical containers, compactors, or roll-off
containers to customers who request or exceed the
maximum number of refuse containers. Mechanical
containers and roll-off containers shall be provided at
Contractor's sole expense and shall remain the property of
Contractor, unless the mechanical container or roll-off
container is owned by the customer. Compactors shall be
provided as mutually agreed to by Contractor and
customer. Customer shall be responsible for associated
fees as set forth in Exhibit"A".
c. Contractor shall deodorize commercial front load and roll-
off containers on an as-need basis. The City reserves the
right to request specific containers be deodorized. Further,
commercial front load containers which would normally
contain food waste or other waste subject to decay shall
be disinfected each time emptied.
d. Restaurant containers will be inspected monthly by
Contractor. Containers will be painted on a yearly basis
or more often, if necessary.
e. Contractor will create and implement a replacement and
maintenance schedule for all mechanical containers,
compactors and roll-off containers provided to City
customers. The schedule will be subject to review and
approval by the Authorized Representative. At a
minimum, the schedule will provide for replacement and
yearly maintenance. Contractor shall keep a log of yearly
maintenance and provide same to Authorized
Representative upon request.
2. Recyclable Materials. Contractor shall provide collection and
disposal services for recyclable materials generated from
commercial customers who specifically request such service or as
required by the City. If requested, recyclable materials shall be
properly prepared and stored in a recycling container. Customers
will be responsible for associated fees set forth in Exhibit"A".
3. Vegetative Waste. Contractor shall be required to provide
collection and disposal services for all vegetative waste generated
from commercial customers who specifically request such service
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Attachment "A" to Ordinance No. 13-2014
and pay associated fees set forth in Exhibit "A". Vegetative
waste shall be placed in a refuse container (cart) provided under
the Automated Cart Program. Vegetative waste shall be
segregated from the garbage and household trash which shall be
placed in a separate cart. All leaves and pine needles, ornamental
shrubs, clippings and tree trimmings with branches less than 3
inches in diameter making up not more than one cubic yard shall
be placed in the cart. Tree limbs, tree trunks, palm fronds, etc.,
shall be cut in lengths of no greater than four (4) feet in length,
shall be no larger than 6 inches in diameter and shall not exceed
fifty (50) pounds per limb, trunk, frond, or bundle thereof. A
special pick up will be required when a "Cherry Picker, Claw or
Clam"type collection vehicle is required to collect excess piles of
vegetative waste in excess of the maximum length and poundage
set forth in this paragraph. Unbundled piles of vegetative waste
will be subject to a minimum '/z Claw Truck fee per pick up for
less than 10 yards or full Claw Truck fee per pick up for more
than 10 yards. Hired Contractors and Landscapers must haul
away any vegetative debris they produce.
4.4 Multiple Dwelling Units. Contractor shall provide collection and disposal
service as follows:
A. Frequency of Collection. Contractor shall provide collection and
disposal services for household trash and garbage at least two (2) times
per week, with collections at least three (3) days apart, and for bulk trash,
vegetative waste and recyclable materials not less than once per week.
B. Point of Collection. Collection of household trash, garbage, bulk trash,
vegetative waste, and recyclable materials shall be at a location mutually
agreed upon by the customer and Contractor, and approved by the
Authorized Representative. If mutual agreement cannot be reached
between customer and Contractor, the Authorized Representative shall
designate the location. However, in the event the location was approved
as part of a site plan or development review process, the location shall be
as shown on the final approved site or development plan. To the
maximum extent feasible, the designated location shall be located in a
place that provides for safe, convenient, and expedient access by
Contractor.
C. Containers and Preparation.
1. Household Trash and Garbage. Contractor shall be required to
provide collection and disposal services for all household trash
and garbage generated by multiple dwelling units which has been
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Attachment "A" to Ordinance No. 13-2014
prepared and stored in a refuse container, mechanical container,
or compactor under the following conditions:
a. The multiple dwelling unit customer shall be permitted to use
refuse Containers provided the amount of household trash and
garbage per collection can be stored in a maximum of four (4)
96 gallon refuse containers; otherwise, customers shall be
required to use mechanical containers or compactor service.
b. Contractor shall be required to provide an adequate number of
mechanical containers or compactors to customers who
request or exceed the maximum number of refuse containers.
Mechanical containers shall be provided at Contractor's sole
expense and shall remain the property of Contractor, unless
the mechanical container is owned by the customer.
Compactors shall be provided as mutually agreed to by
Contractor and customer. Customer will be responsible for
associated fees set forth in Exhibit"A".
c. Contractor shall deodorize commercial front load and roll off
containers on an as-need basis. The City reserves the right to
request specific containers be deodorized. Further,
commercial front load containers which would normally
contain food waste or other waste subject to decay shall be
disinfected each time emptied. Customer will be responsible
for associated fees set forth in Exhibit"A".
2. Recyclable Materials. Contractor shall be required to provide
collection and disposal services for all recyclable materials
generated from multiple dwelling unit customers which have
been properly prepared and stored in a recycling container.
Customer will be responsible for associated fees set forth in
Exhibit"A".
3. Vegetative waste. Contractor shall be required to provide
collection and disposal services for all vegetative waste generated
from multiple dwelling unit customers who specifically request
such service and pay associated fees set forth in Exhibit "A".
Multifamily dwelling units receiving residential service shall
place vegetative waste in a refuse container (cart) provided under
the Automated Cart Program. Vegetative waste shall be
segregated from the garbage and household trash which shall be
placed in a separate cart. All leaves and pine needles, ornamental
shrubs, clippings and tree trimmings with branches less than 3
inches in diameter making up not more than one cubic yard shall
be placed in the cart. Tree limbs, tree trunks, palm fronds, etc.,
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Attachment "A" to Ordinance No. 13-2014
shall be cut in lengths of no greater than four (4) feet in length,
shall be no larger than 6 inches in diameter and shall not exceed
fifty (50) pounds per limb, trunk, frond, or bundle thereof. A
special pick-up will be required when a "Cherry Picker, Claw or
Clam" type collection vehicle is required to collect excess piles of
vegetative waste in excess of the maximum length and poundage
set forth in this paragraph, or if multifamily dwelling unit is
receiving commercial service. Unbundled piles of vegetative
waste will be subject to a minimum '/2 Claw Truck fee per pickup
for less than 10 yards or full Claw Truck fee per pickup for more
than 10 yards. Hired Contractors and Landscapers must haul
away any vegetative debris they produce.
4. Bulk Trash. Contractor shall be required to provide collection
and disposal services for bulk trash generated from multiple
dwelling unit customers regardless of whether it is containerized.
5. E-Waste. Contractor will collect and dispose of electronic waste
at no additional cost.
4.5 City Controlled Property. As per Exhibit "B" and as requested, excluding
sludge removal, by the Authorized Representative, Contractor shall provide
collection and disposal services for all refuse, bulk trash, vegetative waste, and
recyclable materials generated by City at properties owned, leased, or otherwise
controlled by City. In addition, Contractor shall provide such collection and
disposal services for any and all City sponsored special events as agreed to by
City and Contractor, and for all City public receptacles located along or in public
rights-of-way, sidewalks, beaches, and public recreational facilities. Such
collection and disposal services shall be at no charge or expense to City.
A. Frequency of Collection. Unless otherwise directed by the Authorized
Representative in writing, Contractor shall provide collection and
disposal services for refuse at least two (2) times per week, with
collections at least three (3) days apart, and for bulk trash, vegetative
waste, and recyclable materials not less than once per week.
B. Point of Collection. Collection of refuse, bulk trash, vegetative waste,
and recyclable materials shall be at locations designated by the
Authorized Representative, with consideration given for the safe,
convenient, and expedient access by Contractor.
C. Containers and Preparation.
1. Refuse. Contractor shall provide collection and disposal services
for refuse generated by City which has been properly prepared
and stored in a refuse container or mechanical container as
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Attachment "A" to Ordinance No. 13-2014
determined by the Authorized Representative. Contractor shall
provide the mechanical container at Contractor's expense.
2. Recyclable Materials. Contractor shall provide collection and
disposal services for all recyclable materials generated by City
which have been properly prepared and stored in a recycling
container or other container mutually agreed to by the Authorized
Representative and Contractor.
3. Vegetative Waste. Contractor shall provide collection and
disposal services for all vegetative waste generated by City
provided the vegetative waste is containerized in a refuse
container. Vegetative waste shall be segregated from the garbage
and household trash which shall be placed in a separate container.
Notwithstanding, Contractor and City may mutually agree to
some other method of preparation and storage for City projects
which generate significant amounts of vegetative waste.
4. Bulk Trash. Contractor shall provide collection and disposal
services for all bulk trash generated by City regardless of whether
it is containerized.
5. E-Waste. Contractor will collect and dispose of electronic waste
at no cost.
4.6 Biohazardous, Biological, Hazardous, Sludge, and Special Waste. Contractor
shall not be responsible for collection and disposal services for biohazardous
waste, biological waste, hazardous waste, sludge, and special waste under this
Agreement. However, to the extent qualified and licensed, Contractor may
contract with persons and entities within the service area, along with other
qualified and licensed contractors, to provide for such collection and disposal
services. Contractor shall directly bill such persons and entities for such services
at a rate mutually agreed on between Contractor and such persons and entities.
4.7 Construction and Demolition Debris Service. Contractor shall provide
collection and disposal service of construction and demolition debris to
residential, multiple dwelling units, and commercial customers as follows:
A. Exclusive Right. Contractor shall have the exclusive right to provide
collection and disposal services for construction and demolition debris
utilizing roll-off containers, as that term is defined in paragraph 2.39 of
this Agreement, or other appropriate containers. Contractor shall directly
bill such services at a rate listed in Exhibit "A".
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Attachment "A" to Ordinance No. 13-2014
1. Exclusion. Contractors hauling their own construction and
demolition debris are excluded from this provision, provided they
use a dump truck or trailer owned by the Contractor.
B. Frequency of Collection. Contractor shall provide collection and
disposal services for construction and demolition debris utilizing roll-off
containers or other appropriate containers to customers that specifically
request such service or as required by City. Said collection and disposal
services shall be provided as frequently as mutually agreed to by
Contractor and the customer or as required by the Authorized
Representative or City Code to protect the public health, safety, and
welfare.
C. Point of Collection. Collection of construction and demolition debris
shall be at a location mutually agreed upon by the customer and
Contractor; collection shall be located within the boundary of the
property served, unless otherwise approved by the Authorized
Representative.
D. Containers and Preparation. Contractor shall provide one or more roll-
off containers or other appropriate containers of a size and number
mutually agreed to by Contractor and customer.
4.8 Code Enforcement. Upon request of the Authorized Representative, Contractor
shall assist the City in its code enforcement efforts by providing collection and
disposal service of solid waste and construction and demolition debris located on
real property in violation of the City Code.
4.9 Automated Cart Program Contractor has the capability of providing certain
automated equipment which may be utilized in conjunction with a toter cart
program for garbage and vegetative waste collection ("Automated Cart
Program"). Contractor shall implement the Automated Cart Program pursuant to
operational terms and conditions negotiated with the City, provided that same
shall not result in an increase in total cost to the City. The Contractor shall be
responsible for the purchase, distribution, and repair of carts that have been
damaged and shall distribute one (1) or two (2) 96 gallon carts to each
residential unit depending upon the customer's waste generation requirement.
Those customers with minimal waste volumes may select one (1) 64 gallon cart.
Contractor shall maintain, at all times, a sufficient number of carts to ensure that
all extra or replacement carts can be provided within five work days upon
notification by the City or the customer. Contractor shall distribute fully
assembled carts to new residential units that are added during the term of this
contract. Carts that have been lost or damaged due to customers' abuse or
negligence shall be repaired or replaced, at the expense of the customer; if
replaced, utilizing the then current cost of the cart. Customer may purchase a
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Attachment "A" to Ordinance No. 13-2014
third cart for a charge as set forth in Exhibit "A". Those seeking changes in cart
size will be charged $25.00 delivery charge for each such change.
4.10 Tire Collection Contractor shall provide weekly tire collection and disposal
services to residential customers at no additional charge, provided no more than
four(4) tires per household, per year.
5.0 Rates and Charges Compensation to Contractor.
5.1 Rates; Compensation to Contractor. For collection and disposal Services
provided under this Agreement, City shall pay Contractor fees/rates collected in
accordance with the schedule attached hereto and fully incorporated herein as
Exhibit "A".
A. Code Enforcement. Upon request of the Authorized Representative,
Contractor shall provide solid waste, construction and demolition debris
collection and disposal service to City for code enforcement related
matters at no charge to the City.
B. Compactor Service. Rates are set forth in Exhibit "A" for compactor
service provided pursuant to this Agreement.
C. Residential, Mobile Home, Multiple Dwelling, Commercial and
Special Vegetative Waste Services. Vegetative waste collection and
disposal service shall be charged an amount as set forth in Exhibit "A".
Customers who are required to have special vegetative waste services,
which by virtue of its size or weight exceeds routine and normal yard and
landscaping maintenance generated on site, shall be charged an amount
as set forth in Exhibit "A" in addition to monthly service fees. Hired
Contractors and Landscapers must haul away any vegetative debris they
produce.
5.2 Billing Customers by City. Customer billing shall be established and enforced
by City Code. The City shall provide the customer billing for all collection and
disposal services provided by Contractor under this Agreement, unless otherwise
specifically stated herein. City shall perform said billing by means and at times
deemed appropriate by City. Contractor shall fully cooperate with City in
customer billing. Contractor and City acknowledge that the City currently
contracts with the City of Cocoa to bill Contractor's services Billing fees are
passed along to the customer and remitted directly to the City of Cocoa. The
Contractor will not be charged a billing fee.
5.3 Billing and Payment Procedure. Unless otherwise provided by the Authorized
Representative, customer billing and payment to Contractor shall be in
accordance with the following procedure:
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Attachment "A" to Ordinance No. 13-2014
A. Unless otherwise specifically provided in this Agreement or mutually
agreed to by the City and Contractor in writing, the City shall provide
Customer billing for collection and disposal services provided under this
Agreement. Contractor shall, however, provide Customer billing when
special rates and services apply and for roll-off services.
B. The Contractor shall certify to the City on the third Friday of each month
the number and size of all Customers and containers. The City shall
reconcile Contractor's information with the City's records. The City and
Contractor shall make appropriate adjustments to their respective billing
and service data records to reflect those customers and services that
should be billed based on the City's reconciliation.
C. City shall submit to the Contractor a monthly statement for collection
and disposal services rendered under this Agreement for the preceding
month. The statement shall be in a format reasonably requested by the
Contractor. The Contractor shall verify the customer services and
amounts on the statement and shall make appropriate adjustments to
City's statement invoice to reflect any errors contained therein. City shall
not be responsible or liable if Contractor fails to properly verify the data
on the statement.
D. By the 25th of the following month of receipt of City's monthly
statement, City shall pay Contractor the amount collected for the
preceding month, including the fees for wheel and lock bar services for
dumpsters. The City shall provide a listing each month of all accounts
with outstanding fees and the Contractor shall have the option to
discontinue service for non-payment for any account sixty-five (65) days
overdue. The Contractor shall have the option to discontinue wheel and
lock bar services for any account thirty-five (35) or more days overdue.
Contractor shall be entitled to charge a $75.00 fee to reestablish wheel
and lock bar services if services were discontinued due to late payment.
City shall assist Contractor by all legal means in collection effort for
outstanding fees.
5.4 Franchise Fee. A Franchise Fee of $100,000 per year shall be considered
payment to the City in exchange for the exclusive rights and privileges granted
by this Franchise. The Franchise Fee shall not be passed along to the customer.
The Fee shall cover all services provided and revenues received under this
contract regardless of whether billed by the City or the Contractor. The Fee
shall become effective January 1, 2015. The Fee shall increase annually by the
CPI increase noted in 5.5a.
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Attachment "A" to Ordinance No. 13-2014
5.5 Contractor's Petition for a Rate Adjustment.
a. The rates in paragraph 5.1 shall be annually adjusted by the CPI, as defined
in section 2.19,pursuant to the following mathematical formula:
New Rate= [CPI 2—CPI 1] +1 x Current Rate
CPI 1
"CPI 1" is the published CPI for the month of August of the preceding year.
"CPI 2" is the published CPI for the month of August of the year in which
the rate is being adjusted.
Since the August CPI is not available until late September, all changes to the
rates in Exhibit "A" will be all bills dated after January 1st of the following
year.
Adjustments to the rates made in accordance with this subsection are
intended to reflect changes in the purchasing power of a given amount of
money expressed in dollars. If CPI 1 and CPI 2 are not expressed in relation
to the same base period or if a material change is made in the method of
establishing the CPI, the City and the Contractor shall make an appropriate
statistical adjustment or conversion. If the CPI is discontinued, the City and
the Contractor shall mutually select another index published by the United
States Government or by a reputable publisher of financial and economic
indices.
b. Additionally, the Contractor may petition the City to adjust the rates in
Exhibit "A" based upon unusual and unanticipated increases in the cost of
doing business including, but not limited to, a change in any collection
regulation or fees. Any such request shall be supported by full
documentation establishing the increase in operating costs and the reasons
therefor. The City shall be entitled to audit the Contractor's financial and
operational records directly related to the Contractor's request in order to
verify the increase in costs and the reasons therefor by a Third Party, at the
cost of Contractor. The Contractor's request must be made within a
reasonable time, and shall contain reasonable proof and justification to
support the need for the rate adjustment. The City may request from the
Contractor, and the Contractor shall provide, such further information within
its possession as may be reasonably necessary in making its determination.
The City shall approve or deny the request (without penalty), in whole or in
part, at its sole and absolute discretion, within sixty (60) days of receipt of
the request and all other additional information required by the City. If such
Adjustment is granted, the City shall have ninety (90) days after approval to
start billing.
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Attachment "A" to Ordinance No. 13-2014
6.0 Schedules and Routes. Contractor shall provide written notice to the City of its
collection and disposal routes and schedules. The City reserves the unconditional right
to deny Contractor's vehicles access to any street, alley, bridge, beach, or public way
within the service area while performing collection and disposal services under this
Agreement, where the City determines that it is in the best interests of the public health,
safety, and welfare to do so, because of the conditions of the streets, alleys, bridges,
beaches, or public ways. However, Contractor shall not interrupt the regular schedule
and level of service because of such closures of less than eight (8) hours in duration.
The City shall notify Contractor of any such closures of longer duration, and
arrangements shall be made in a manner acceptable to Contractor and the Authorized
Representative for the collection and disposal services interrupted by the closure.
Customers shall be notified in writing by Contractor of the schedules provided by
Contractor and any amendments thereto, provided customers shall be given at least
seven (7) days prior written notice of any such amendments. Any and all route and
schedule changes must receive prior approval by the Authorized Representative and
schedule changes shall be announced per City established media.
7.0 Collection Equipment and Vehicles. Contractor shall provide collection equipment for
the collection and disposal services as follows:
7.1 Type and Amount. Contractor shall have on hand, at all times under this
Agreement, collection equipment that is in good working order and sanitary
condition that will permit Contractor to perform the collection and disposal
services in a sufficient and efficient manner so that the schedules and routes can
be maintained. Collection equipment shall be obtained from a nationally known
and recognized manufacturer of collection equipment. Collection vehicles shall
be of the enclosed packer type or other type vehicle which meets industry
standards and is approved by the Authorized Representative.
7.2 Condition. All collection equipment shall be maintained in a reasonable and
safe working condition, in good repair, appearance, sanitary and clean.
Contractor shall spray all mechanical containers with disinfectant every thirty
(30) days. Collection equipment shall be painted uniformly with the Contractor's
name, telephone number and collection vehicle number in letters not less than
three (3) inches high on each side of the collection vehicle. Contractor shall keep
an accurate record of the vehicle to which each number is assigned. Advertising
on collection vehicles is prohibited, except for advertisements promoting City
sponsored special events. Collection vehicles will be personalized for the City of
Cape Canaveral.
7.3 Overloading. Collection vehicles shall not be overloaded by Contractor so as to
cause litter or spillage; however, if litter or spillage occurs because of
overloading it shall be picked up immediately as required by paragraphs 4.1(D)
and (H).
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Attachment "A" to Ordinance No. 13-2014
7.4 Back-up Equipment. Contractor shall maintain sufficient back-up collection
equipment, which shall satisfy the condition requirements of paragraph 7.2. of
this Agreement, to temporarily replace collection equipment that is in a state of
disrepair or is inoperable at any time during Contractor's performance of the
collection and disposal services pursuant to this Agreement. The back-up
collection equipment shall be put into service within a reasonable time without
interruption of collection and disposal services. Such back-up collection
equipment shall correspond in size and capacity to the collection equipment
ordinarily used by Contractor in the performance of collection and disposal
services under this Agreement.
8.0 Contractor's Personnel. Contractor shall fully comply with the following terms and
conditions regarding Contractor's personnel:
8.1 Contractor's Representative. Contractor shall appoint a representative to
administer and manage this Agreement on Contractor's behalf as required by
paragraph 26.0 of this Agreement.
8.2 Other Personnel. Contractor shall provide a sufficient number of qualified
persons to provide the collection and disposal services. All persons who are
given supervisory authority by Contractor shall be made available to the
Authorized Representative for consultation within a reasonable and practicable
time after Contractor receives notice from the Authorized Representative that a
consultation is being requested. Supervisors shall operate a collection vehicle
that is equipped with a communication device.
8.3 Conduct of Personnel. Contractor shall require/ensure that its personnel serve
all customers in a courteous, helpful, and impartial manner. Contractor's
personnel shall perform collection and disposal services while using existing
sidewalks and driveways when on private and public property. Contractor
personnel shall observe all no trespassing signs and not cross between
neighboring properties unless the customer, or customers in the case of
neighboring properties, has expressly given said personnel permission.
Contractor's personnel shall perform all collection and disposal services with
due care, always taking reasonable precautions/steps to avoid damaging real and
personal property including, but not limited to, refuse containers, recycling
containers, carts, racks, trees, shrubs, flowers, and similar property. Contractor is
liable for all such damage caused by Contractor's personnel and shall promptly
provide sufficient and appropriate compensation, repair or replacement (the
choice of which is at its discretion) to customers for such damage.
8.4 Uniform Regulations. Contractor agrees that identification of Contractor's
personnel while performing collection and disposal services is important to the
customer's health, safety, and welfare. Consequently, Contractor's personnel
performing collection and disposal services shall wear a uniform or shirt bearing
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Attachment "A" to Ordinance No. 13-2014
the Contractor's name. Lettering stitched on or identifying patches permanently
attached to the uniform or shirt is acceptable.
8.5 Labor and Employment Laws. Contractor shall comply with all applicable
local, state, and federal labor and employment laws affecting its personnel.
8.6 Informing Personnel of Responsibilities. Contractor shall take whatever steps
it deems necessary to fully inform its personnel about the terms, conditions, and
responsibilities required under this Agreement. City shall not be responsible for
informing Contractor's personnel of said terms, conditions, and responsibilities.
Contractor shall provide operating and safety training to its personnel.
8.7 Driver's License. All Contractor's personnel who drive a collection vehicle
while performing collection and disposal services shall at all times have and
carry a valid Florida commercial driver's license for the type of vehicle being
driven.
8.8 Drug Free Workplace. Contractor shall maintain a drug free workplace policy.
If requested by City, Contractor shall provide documentation certifying to the
City it is a drug free workplace.
8.9 Temporary Labor. Contractor shall not utilize temporary labor in providing
collection and disposal services to the City under the Solid Waste Agreement.
All labor used shall be on Contractor's payroll.
8.10 Supervision. On a daily basis, Contractor will have a supervisor ride the streets
in the City to address collection and disposal issues as they arise. During
collection days, supervisor will be responsible for collecting car tires, e-waste
and materials that are not collected by the regular collection vehicles.
9.0 Level of Service; Customer Complaints; Annual Evaluation by City.
9.1 Level of Service. Contractor acknowledges and agrees that the continuation of
this Franchise depends on Contractor consistently providing a high quality,
efficient level of collection and disposal services to all customers. To ensure
such services are provided in such a manner, Contractor's performance shall be
evaluated, on an annual basis, pursuant to the procedure established in paragraph
9.3 of this Agreement and based on the following review criteria:
A. The number of complaints received pursuant to paragraph 9.2 herein and
Contractor's performance in resolving the complaints in a professional
and expedient manner.
B. Contractor's responsiveness to direction given by the Authorized
Representative.
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C. The number of times that Contractor had to pay liquidated damages
pursuant to paragraph 25.0 herein.
D. Contractor's participation in community meetings sponsored by City and
Contractor's performance in resolving complaints received at those
meetings in a professional and expedient manner.
E. Contractor's financial viability to continue performing the collection and
disposal services required by this Agreement.
9.2 Customer Complaints. It is the intent of this Agreement to ensure that the
Contractor provides a high quality level of collection and disposal services to all
customers. To this end, failures to provide collection and disposal services to
customers, or failures observed by the Authorized Representative, and reported
to the Contractor shall promptly be resolved pursuant to the provisions of this
Agreement. All customer complaints should be made to the Authorized
Representative and will be forwarded to the Contractor by person, telephone, in
writing by mail or facsimile when received, whether directly from the Customer
or forwarded from the Authorized Representative. The Contractor shall record
complaints on a form approved by the Authorized Representative and shall take
appropriate steps to resolve the complaint in a professional and expedient
manner. Any complaints received by the Contractor before 12:00 noon shall be
resolved before 5:00 p.m. of that same day. Complaints received after 12:00
noon shall be resolved before 12:00 noon of the following day. The Contractor
shall make contact with the customer complainant, within the above times, for
all complaints related to collection and disposal services. The Contractor shall
notify the Authorized Representative within twenty-four (24) hours of the action
taken to resolve the complaint. If the complaint involves a claim of damage to
private or public property caused by Contractor during the performance of
collection and disposal services, the Contractor shall within twenty-four (24)
hours provide the Authorized Representative with a full written explanation of
said complaint, an estimate of the damage, and Contractor's proposed.
9.3 Annual Evaluation Procedure. Contractor's performance shall be annually
evaluated by City's Authorized Representative under the following procedure:
A. Upon or soon after the occurrence of each annual anniversary date of this
Agreement, the Authorized Representative shall conduct and prepare a
written annual evaluation of Contractor's performance in providing the
collection and disposal services under this Agreement ("Evaluation").
The Evaluation shall be based on the level of service criteria set forth in
paragraph 9.1 herein. For each criteria the Authorized Representative
shall evaluate and grade Contractor's performance as unacceptable, needs
improvement, acceptable, good or exceptional. If Contractor receives a
less than acceptable grade, the Authorized Representative shall provide
Contractor a written explanation of why Contractor's performance was
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unacceptable and Contractor shall be given a reasonable period of time,
as determined by the Authorized Representative, to bring its level of
performance up to levels acceptable to the Authorized Representative.
B. At the City Manager's discretion, the Evaluation, the aforesaid
explanation, and other relevant documents shall be delivered to the City
Council for consideration at a public meeting. At the meeting, the
Authorized Representative and Contractor shall have the opportunity to
explain their positions and the City Council shall then determine whether
this Franchise should continue under conditions determined by the City
Council or be terminated, without penalty, pursuant to paragraph 14.1(H)
herein.
10.0 Authorized Representative's Interpretation and Decision. Any dispute between the
City and Contractor, which cannot be disposed of by mutual consent between the parties
within a reasonable period of time ("Impasse"), shall be ultimately decided by the
Authorized Representative. At such time the Authorized Representative declares an
Impasse, he shall have thirty (30) days to decide the Impasse issue, unless additional
time is reasonably needed. All such decisions shall be reduced to writing by the
Authorized Representative and delivered to Contractor within three (3) business days of
said decision. All such written decisions shall contain a sufficient explanation, as may
be deemed necessary by the Authorized Representative, to explain the decision. The
decision shall be final and binding on both parties unless appealed to the City Manager.
Within three (3) business days of the Authorized Representative's decision, Contractor
may appeal said decision to the City Manager who will hear and decide the appeal The
City Manager's decision shall be binding and final. Failure to file an appeal within said
time period shall result in a waiver of the right to appeal. Pending the decision,
Contractor shall proceed diligently with the performance of the collection and disposal
services in accordance with this Agreement and any preliminary directions of the
Authorized Representative.
11.0 Other City Permits. For collection and disposal services not exclusively provided by
Contractor under this Agreement, Contractor shall obtain all permits required by City
Code to provide said services.
12.0 Performance Bond Alternatives.
12.1 Performance Bond. The Contractor shall obtain and maintain during the entire
term of this Agreement and any extensions and renewals thereof, at its cost and
expense, and file with the City a corporate surety bond in the amount of Five
Hundred Thousand Dollars ($500,000.00) to guarantee faithful performance by
the Contractor of all of its obligations required under this Agreement and the
City Code (hereinafter referred to as "Bond" or "Performance Bond"). Such
bond must be issued by a surety with an A- or higher rating. Alternatively, the
Contractor shall obtain and continuously maintain an unexpired Irrevocable
Letter of Credit, which shall at all times be in the possession of the City. The
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form and contents of such performance bond or letter of credit shall be
acceptable to the City. The Letter of Credit or Performance Bond shall be
released only upon expiration of the Agreement or upon replacement by a
successor Contractor.
12.2 Conditions. The performance bond or letter of credit shall be issued upon the
following conditions:
A. The performance bond shall be issued by a surety approved by City and
licensed and authorized to do business as a surety in the State of Florida
and has an A- or higher rating The irrevocable letter of credit shall be
issued by a bank or savings and loan association acceptable to the City,
authorized to do business in this State by either the State of Florida
Comptroller or the United States government. The letter of credit shall
name the City as the beneficiary.
B. There shall be recoverable by the City jointly and severally from the
principal and surety or the financial institution that has issued the letter
of credit, any and all fines and liquidated damages due the City and any
and all damages, losses, costs, and expenses suffered or incurred by the
City resulting from the failure of the Contractor to: faithfully comply
with the provisions of the City Code and this Agreement; comply with all
orders, permits and directives of any City agency or body having
jurisdiction over its acts or defaults; pay any claims, liens, fees, or taxes
due the City which arise by reason of the collection and disposal services
provided under this Agreement. Such losses, costs and expenses shall
include, but not be limited to attorney's fees and other associated
expenses.
C The total amount of the bond or letter of credit shall be forfeited as a
liquidated damage paid to the City in the event:
1. Contractor abandons, or cancels with less than one hundred-
eighty (180) days written notice to City, its obligations and
responsibilities to perform the collection and disposal services
required under this Franchise, prior to the expiration of the term
of the Agreement.
2. Contractor assigns this Agreement without the express written
consent of the City.
3. This Agreement is terminated by reason of the default of the
Contractor.
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12.3 Reduction of Bond/Letter of Credit. Upon written application by the
Contractor, the City may at its sole option, permit the amount of the bond or
letter of credit to be reduced for the term of this Agreement or periods of time,
when it is determined by the City to be in the public interest. Upon written
application by the Contractor, the City may, at its sole option, permit the terms
of the requirements of the performance bond/letter of credit to be altered for the
term of this Agreement or periods of time, when it is determined by the City to
be in the public interest.
12.4 Use of Bond and Letter of Credit. Prior to drawing upon the letter of credit or
the bond for the purposes described in this section, the City shall notify
Contractor in writing that payment is due, and the Franchisee shall have thirty
(30) days from the receipt of such written notice to make payment. If the
Contractor does not make the payment within thirty (30) days or demonstrate
reasons acceptable to the City why such action should not be taken, the City may
withdraw the amount thereof, with interest and penalties, from the letter of credit
or the bond. Within three (3) business days of a withdrawal from the letter of
credit or bond, the City shall send to the Contractor, by certified mail, return
receipt requested, written notification of the amount, date and purpose of such
withdrawal.
12.5 Replenishment of Letter of Credit and Performance Bond. No later than
thirty (30) days, after mailing to the Contractor by certified mail notification of a
withdrawal pursuant to paragraph 12.4 above, the Contractor shall replenish the
letter of credit and/or performance bond in an amount equal to the amount so
withdrawn. Failure to make timely replenishment of such amount to the letter of
credit and/or performance bond shall constitute a failure of the Contractor to
faithfully comply with the provisions of this Agreement.
12.6 Non-renewal, Alteration, or Cancellation of Letter of Credit or
Performance Bond. The performance bond and letter of credit required herein
shall be in a form satisfactory to the City which approval shall not be
unreasonably withheld and shall require thirty (30) days written notice of any
non-renewal, alteration or cancellation to both the City and the Contractor. The
Contractor shall, in the event of any such cancellation, alteration, or non-renewal
notice, obtain, pay all premiums for, and file with the City, written evidence of
the issuance of replacement bond or policies within thirty (30) days following
receipt by the City or the Contractor of any notice of cancellation, alteration, or
non-renewal.
12.7 Inflation. At the sole discretion of the City, to offset the effects of inflation, the
amount of the bond or letter of credit provided for herein is subject to annual
increases at the end of every year provided the amount of the bond or letter of
credit shall not exceed fifty percent (50%) of the total amount paid Contractor by
City pursuant to paragraph 5.0 for the year previous to the increase.
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12.8 Default. The performance bond and letter of credit provided pursuant to this
section shall become the property of the City in the event that this Agreement is
canceled or terminated by reason of default by the Contractor.
12.9 Right to Require Replacement of Bonds or Letter of Credit. If the City
becomes aware of the financial condition of any bonding or financial institution
issuing a performance bond or letter of credit as required herein and said
financial condition is reasonably deemed by the City to jeopardize the collateral
posted with the City, the City may require such bond or letter of credit be
replaced with such other bond or letter of credit consistent with the requirements
set forth in this section.
13.0 Transfer of Ownership or Control.
13.1 Transfer of Franchise. This Agreement shall not be sold, transferred, leased,
assigned or disposed of including, but not limited to,by forced or voluntary sale,
merger, consolidation, receivership or other means without the prior written
consent of the City, and then only under such reasonable conditions as the City
may establish which may include, but not be limited to, financial guarantees to
the collection and disposal services.
13.2 Transfer Threshold. The Contractor shall promptly notify the City of any
actual or proposed change in, or transfer of, or acquisition by any other party of
control of the Contractor.
13.3 City Approval. Every transfer shall make this Agreement subject to cancellation
unless and until the City shall have consented thereto in writing. For the purpose
of determining whether it may consent to such transfer, the City may inquire into
the legal, financial, character, technical, and other public interest qualifications
of the prospective transferee or controlling party, and the Contractor shall assist
the City in obtaining all required information. Failure to provide all reasonable
information requested by the City as part of said inquiry shall be grounds for
denial of the proposed transfer.
13.4 Signatory Requirement. Any approval by the City of transfer of ownership
shall be contingent upon the prospective assignee becoming a signatory to this
Agreement.
13.5 Administrative Fee. Upon approval of the transfer of ownership an
administrative fee of$25,000.00 shall be paid to the City.
14.0 Forfeiture or Termination.
14.1 Grounds for Revocation. The City reserves the right to terminate this
Agreement, without penalty, and rescind all rights and privileges associated with
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the Franchise in the following circumstances, each of which shall represent a
default and breach of this Agreement:
A. Contractor defaults in the performance of any of the material obligations
to provide collection and disposal services under this Agreement or the
City Code;
B. Contractor fails to provide or maintain in full force and effect the liability
and indemnification coverage or the performance bond (or alternative
letter of credit) as required herein;
C. Contractor violates any material provisions of any orders or rulings of
any regulatory body having jurisdiction over the Contractor relative to
this Agreement and any regulatory ordinance of the City, and Contractor
fails to begin cure within five business (5) days of notice from the City to
complete cure within a reasonable time after notice, as determined by the
City;
D. Contractor practices or engages in any fraud upon the City or any
customer;
E. Contractor's gross negligence, as defined by general law, in maintaining
any of the level of service standards required in this Agreement;
F. Contractor becomes insolvent, unable/unwilling to pay its debts or is
adjudged bankrupt;
G. Contractor fails to provide collection and disposal service throughout the
service area if a disruption of such service occurs pursuant to paragraph
24.0 of this Agreement, unless approval of such disruption is obtained
from the City;
H. Contractor fails to satisfy the level of service annual evaluation
conducted pursuant to paragraph 9.3 of this Agreement; or
I. Contractor provided a material misrepresentation of fact in the
application for or negotiation of the Franchise granted under this
Agreement or any extension or renewal thereof
14.2 Effect of Circumstances. Contractor shall not be declared at fault or be subject
to any sanction under any provision of this Agreement in any case, in which
performance of any such provision is prevented for reasons beyond the
Contractor's control. For the purposes of this Agreement, causes or events
beyond the Contractor's control shall include, without limitation, acts of God,
floods, earthquakes, landslides, hurricanes, fires and other natural disasters, acts
of public enemies, riots or civil disturbances, sabotage, restraints imposed by
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order of a governmental agency or court. A fault shall not be deemed to be
beyond the Contractor's control if committed by a corporation or other business
entity in which the Contractor holds a controlling interest whether held directly
or indirectly, when such fault is due to Contractor's financial inability to perform
or comply, economic hardship, or misfeasance, malfeasance or nonfeasance by
any of the Contractor's directors, officers, employees, contractors or agents.
14.3 Effect of Pending Litigation. Pending litigation or any appeal to any regulatory
body or court having jurisdiction over the Contractor shall not excuse the
Contractor from performance of its obligations under this Agreement, unless
specifically provided for by court order or by the regulatory body having
jurisdiction over such matters. Failure of the Contractor to perform such
obligations because of pending litigation or petition may result in forfeiture or
revocation pursuant to the provisions of this Section.
14.4 Procedure Prior to Revocation. Except as provided in paragraph 9.3 for annual
evaluations, the Authorized Representative shall notify the Contractor in writing
of the exact nature of the alleged violation constituting a ground for termination
and give the Contractor thirty (30) days, or such greater amount of time as the
Authorized Representative may specify, to correct such violations or to present
facts and arguments to refute the alleged violation. If the Authorized
Representative then concludes that there is a basis for termination, he shall
notify the Contractor thereof If within the designated time the Contractor does
not remedy and/or put an end to the alleged violation, the City's City Council,
after a public hearing where all interested parties may be heard, may suspend or
revoke the Franchise under this Agreement, without penalty, if it determines that
such action is warranted. The Contractor shall not be held in default nor suffer
any penalties where non-compliance or default is caused by an event beyond the
Contractor's control, as stated in Section 14.2.
15.0 Regulatory Authority.
15.1 Authority. The City reserves the right to exercise the maximum authority, as
may be lawfully permissible, to regulate the collection and disposal services and
any other solid waste services, granted hereunder. Should applicable legislative,
judicial or regulatory authorities at any time permit regulation not presently
permitted to the City, the City may without the approval of the Contractor
engage in any such additional regulation as may then be permissible, whether or
not contemplated by this Agreement or the City Code, including without
limitation, regulation regarding franchise fees, taxes, programming, rates
charged to customers, consumer protection, or any other similar or dissimilar
matter. The City agrees to meet and confer with the Contractor prior to enacting
new regulatory ordinances.
15.2 Right of Inspection. The City shall have the right to inspect in the
accompaniment of a representative of the Contractor all collection and disposal
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services performed subject to the provisions of this Agreement and equipment
used by Contractor, and to make such tests as it finds necessary to ensure
compliance with the terms of this Agreement, the City Code and any other
applicable provisions of local, state or federal law.
15.3 City Regulation. To the extent that any federal, state law or regulation may
now, or as the same may hereafter be amended by legislation, administrative
regulation, of decision, or judicial determination, authorize the City to regulate
the rates for any particular service tiers, service packages, equipment, or any
other services provided by Contractor, the City shall have the right to exercise
rate regulation to the full extent authorized by law, or to refrain from exercising
such regulation for any period of time, at its sole discretion. The City shall
provide advance notification to the Contractor of its intention to exercise any
such regulation and written notification when such ordinance is adopted. Failure
to so provide advance notification to the Contractor or written notification when
such ordinance is adopted shall not be a basis upon which to declare this
Agreement in breach or to invalidate the ordinance.
15.4 City Health and Sanitation Regulations. Without limitation on the authority
granted City above; City reserves the unconditional right to adopt by ordinance
additional health and sanitation regulations which apply to the collection and
disposal of solid waste, bio hazardous waste, biological waste, construction and
demolition debris, hazardous waste, sludge, special waste and all other kinds of
waste. To the extent determined by the City, these regulations shall be codified
in Chapter 62 of the City Code. Contractor shall fully comply with these
regulations as applicable to the collection and disposal services provided under
this Agreement and said regulations shall be deemed to be fully incorporated
herein by this reference. In the event any provision of this Agreement is in
conflict with any provision of the additional City health and sanitation
regulations, the provisions contained in this Agreement shall prevail.
16.0 Liability and Insurance.
16.1 Certificate of Insurance. Prior to the effective date of this Agreement and
thereafter continuously throughout the duration of the Agreement and any
extensions or renewals thereof, Contractor shall furnish the City, certificates of
insurance and endorsements, in a form approved by the City, for all types of
insurance required under this section. Failure to furnish said certificates of
insurance and endorsements in a timely manner shall constitute material breach
of this Agreement.
16.2 No Liability Limit. Neither the provisions of this Section or any damages
recovered by the City hereunder, shall be construed to limit the liability of
Contractor for damages under this Agreement.
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16.3 Endorsement. All insurance policies maintained pursuant to this Agreement
shall contain an endorsement in substantially the following form:
It is hereby understood and agreed that this insurance
policy may not be modified or canceled by the insurance
company nor the intention not to renew be stated by the
insurance company until thirty (30) Days after receipt by
the City of Cape Canaveral City Manager by certified mail,
of a written notice of such intention to cancel or not to
renew.
16.4 State Institution. All insurance policies provided pursuant to this Agreement
shall be written by companies authorized by the Florida Insurance
Commissioner to do business in the State of Florida as an insurance company.
The insurance company shall have a Best Insurance rating of A or better, unless
otherwise approved by the Authorized Representative.
16.5 Named Insured. The City shall be an additional named insured for all insurance
policies written pursuant to this Agreement, as the City's interests may appear
from time to time.
16.6 Changes in Policy Limits. To offset the effects of inflation and to reflect
changing liability limits, all of the coverage, limits, and amounts of the insurance
provided for herein are subject to reasonable increases at the end of every two
(2) year period of this Agreement, applicable to the next two (2) year period or
termination date of this Agreement (whichever occurs first), at the City's
discretion, but not to exceed the coverage, limits, and amounts of insurance the
City requires of other contractors transacting business with the City.
16.7 Commercial General Liability Insurance. Contractor shall maintain
throughout the term of this Agreement, general liability insurance insuring
Contractor in the minimum of:
A. $1,000,000 for property damage single limit; and
B. $1,000,000 single limit liability for personal bodily injury or death to any
one person.
C. $2,000,000 aggregate liability and excess liability $5,000,000 each
occurrence.
16.8 Automobile Liability Insurance. Contractor shall maintain throughout the term
of the Agreement, automobile liability insurance for owned, non-owned, or
rented vehicles in the minimum amount of:
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A. $1,000,000 single limit liability for bodily injury and consequent death
per occurrence; and
B. $1,000,000 for property damage per occurrence.
16.9 Workers' Compensation. Contractor shall maintain throughout the term of the
Agreement, workers' compensation at least to the minimum amount of the
statutory limit for workers' compensation, as amended from time to time.
17.0 Indemnification and Hold Harmless. For all collection and disposal services
performed by Contractor pursuant to this Agreement, Contractor agrees to the fullest
extent permitted by law, to indemnify and hold harmless the City, its council members,
attorneys, employees, officers, and agents from and against all claims, losses, damages,
personal injuries (including but not limited to death), or liability (including reasonable
attorney's fees through any and all administrative, pre-trial, trial, post judgment,
appellate proceedings), directly or indirectly arising from: (i) the acts, errors, omissions,
intentional or otherwise, arising out of or resulting from Contractor's or its
subcontractors, or agents performance of the collection and disposal services pursuant to
this Agreement; (ii) defaults under this Agreement; (iii) failing to properly train
employees under Contractor's control or direction; and (iv) failing to properly equip or
hire employees under Contractor's control or direction in the performance of the
collection and disposal services under this Agreement. The indemnification provided
above shall obligate Contractor to defend at its own expense or to provide for such
defense, at the option of the City, as the case may be, of any and all claims of liability
and all suits and actions of every name and description that may be brought against the
City, its council members, attorneys, employees, officers and/or agents which may
result from the collection and disposal services under this Agreement whether the
collection and disposal services be performed by the Contractor, its subcontractors, or
anyone directly or indirectly employed by them. In all events the City shall be permitted
to choose legal counsel of its sole choice, the attorney fees for which shall be subject to
and included with this indemnification provided herein, as long as said fees are no
greater than at a rate deemed reasonable at the time indemnification is required. The
City agrees to be responsible for the City's own negligent acts and omissions.
18.0 Interference with Persons Public and Private Property and Utilities. Contractor's
collection equipment and personnel used in performing the collection and disposal
services hereunder shall:
A. Not endanger or interfere with the health, safety or lives of persons;
B. Not interfere with any improvements which the City, county, state, and federal
government may deem proper to make;
C. Not interfere with the free and proper use of public rights-of-way, alleys,
bridges, easements or other public property, except to the minimum extent
possible during actual collection and disposal services being provided hereunder;
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D Not interfere with the rights and reasonable convenience of private property
owners, except to the minimum extent possible during actual collection and
disposal services being provided hereunder; and
E. Not obstruct, hinder or interfere with any gas, electric, water, wastewater,
reclaimed water, storm water drainage, telephone, cable or other utility facilities
located within the service area.
19.0 Books and Records Available to City, Quarterly Report.
19.1 Records. In accordance with section 119.0701, Florida Statutes, Contractor
agrees that all documents, transactions, writings, papers, letters, tapes,
photographs, sound recordings, data processing software, or other material,
regardless of the physical form, characteristics, or means of transmission, made
or received pursuant to this Agreement or in connection with any funds provided
by the City pursuant to this Agreement may be considered public records
pursuant to Chapter 119, Florida Statutes. Contractor agrees to keep and
maintain any and all public records that ordinarily and necessarily would be
required by the City in order to perform the services required by this Agreement.
Contractor also agrees to provide the public with access to public records on the
same terms and conditions that the City would provide the records and at a cost
that does not exceed the cost provided by Chapter 119, Florida Statutes or as
otherwise provided by law. Contractor shall also ensure that public records that
are exempt or confidential and exempt from the public records disclosure
requirements are not disclosed except as authorized by law. In addition,
Contractor shall meet all requirements for retaining public records and transfer,
at no cost, to the City all public records in possession of the Contractor upon
termination of this Agreement and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements.
All records stored electronically must be provided to the City in a format that is
compatible with the information technology systems of the City. If Contractor
does not comply with a public records request, the City shall have the right to
enforce the provisions of this Paragraph. In the event that Contractor fails to
comply with the provisions of this Paragraph, and the City is required to enforce
the provisions of this Paragraph, or the City suffers a third party award of
attorney's fees and/or damages for violating the provisions of Chapter 119,
Florida Statutes due to Contractor's failure to comply with the provisions of this
Paragraph, the City shall be entitled to collect from Contractor prevailing party
attorney's fees and costs, and any damages incurred by the City, for enforcing
this Paragraph against Contractor. And, if applicable, the City shall also be
entitled to reimbursement of any and all attorney's fees and damages which the
City was required to pay a third party because of Contractor's failure to comply
with the provisions of this Paragraph. This Paragraph shall survive the
termination of this Agreement.
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19.2 Review. For records not constituting a public record under Chapter 119, Florida
Statutes, Contractor shall permit, during Contractor's normal business hours, the
Authorized Representative to examine, at the City's discretion, any and all maps
and other records kept or maintained by the Contractor or under its control
concerning the operations, affairs, transactions or property of Contractor relative
to the collection and disposal services provided under this Agreement. The
examination shall take place at Contractor's office.
19.3 Reports to be Filed. The following reports shall be provided to the City:
A. A monthly customer report sorted alphabetically by address, in a format
approved by the City which lists the customer's address and name, type,
quantity, frequency, size, of the container picked up from the customer,
and a description of the kind of service provided customer.
B. A monthly report of all customers, and fees received from them by
Contractor, for collection and disposal services not billed by the City, if
any.
19.4 Mandatory Records. The Contractor shall at all times maintain:
A. A record of all complaints received and interruptions, disruptions, or
degradation of collection and disposal services for the preceding year
prior to the annual performance evaluation by the City.
B. A full and complete document(s) describing the rates, schedules, and
routes for the collection and disposal services.
C. A record of all customers, and fees received from them by Contractor,
for collection and disposal services not billed by the City, if any.
D. Contractor shall maintain an online web-based customer complaint
tracking system at no additional expense to the City. Contractor shall
provide the City with electronic access to the tracking system so the City
can freely review the complaints filed in the system.
E. Contractor shall reimburse the City on a monthly basis for the City's
expenses incurred under the Municipal Tracking System Trac EZ User
Agreement. Said amount shall be deducted from the amount owed
Contractor by the City each month.
19.5 Other Records. The City may impose reasonable requests for additional
information, records and documents from time to time, and the Contractor shall
produce said records within a reasonable amount of time, so long as such request
relates to the City's enforcement abilities under this Agreement or the Code.
Solid Waste Agreement
City of Cape Canaveral /Waste Pro of Florida, Inc.
Page 36 of 44
Attachment "A" to Ordinance No. 13-2014
20.0 Preferential or Discriminatory Practices Prohibited. All collection and disposal
services rendered and all rules and regulations adopted by Contractor shall have general
application to all persons and shall not subject any person to prejudice or disadvantage
on account of race, gender, religion, origin, or ethnicity. Contractor shall not deny
service to any group of potential customers within the City because of the income of the
customers within the service area. Contractor shall not charge customers different rates
for service of the same class or type. However, this paragraph is not intended to restrict
Contractor from offering reasonable discounts to senior citizens or other economically
disadvantaged groups in accordance with any local, state, or federal law.
21.0 Storms; Hurricanes; Natural Disasters; Calamities. In the event a major storm,
hurricane, natural disaster, or any other type of major or serious calamity ("calamity")
causes an excessive amount of refuse, vegetative waste, bulk trash, or other excessive
debris ("debris") to accumulate on streets, alleys, bridges, and on private and/or public
property, Contractor shall collect such debris at the City's written request. City agrees to
pay Contractor for such additional service in an amount mutually agreed upon in writing
by the City and Contractor. Contractor acknowledges and agrees that collection and
disposal services performed after a calamity may be subject to special procedures in
order that the City can receive reimbursement from state and federal agencies like
FEMA. In such cases, Contractor shall be fully responsible and liable for complying
with all such procedures and shall also indemnify and hold harmless the City in the
event Contractor fails to comply with said procedures. Nothing in this Agreement shall
exclude or prohibit the City or any other contractors from collecting and disposing of
such debris caused by a major or serious calamity. The City has a continuing Interlocal
Agreement with Brevard County for Disaster Debris Removal. Upon notification that
Brevard County has been declared a federal disaster area by the President of the United
States, Brevard County, shall coordinate the collection of disaster related debris through
the City's and County's franchised solid waste collectors on behalf of the City. The City
shall negotiate with the Contractor for any expenditure(s) for debris clean up not
reimbursed by Federal Emergency Management Agency and the State of Florida.
21.1 Additional Activation Assets. Contractor shall provide additional activation
assets that can be used to timely and adequately respond to debris and solid
waste removal during disasters.
22.0 Miscellaneous Provisions.
22.1 Independent Contractor. Contractor is an independent contractor and nothing
in this Agreement is intended nor shall be construed to create an employer
/employee relationship, a joint venture relationship, a partnership relationship, or
to allow the City to exercise control or direction over the manner or method by
which Contractor performs the collection and disposal services which are the
subject matter of this Agreement. Contractor understands and agrees that: (i) the
City will not withhold on behalf of Contractor pursuant to this Agreement any
sums for payment of income tax, unemployment insurance, social security or
any other withholding; (ii) all such payments, withholdings and taxes are the
Solid Waste Agreement
City of Cape Canaveral/Waste Pro of Florida, Inc.
Page 37 of 44
Attachment "A" to Ordinance No. 13-2014
sole responsibility of Contractor; and (iii) Contractor will indemnify and hold
the City, its city council members, attorneys, employees, officers, and/or agents
harmless from and against any and all loss or liability arising with respect to
such payments, withholdings, or taxes, including, but not limited to reasonable
attorney's fees through any and all administrative, pre-trial, trial, post-trial
judgment, and appellate proceedings. The parties hereto agree that both
Contractor and the City shall have the right to participate in any discussion or
negotiation with the Internal Revenue Service concerning Contractor's
independent contractor status regardless of with whom or by whom such
discussions or negotiations are initiated. In the event that any applicable
government agency determines that Contractor is an employee of the City and
the City is required to pay any additional amount to any governmental authority
based upon Contractor being reclassified an employee of the City, Contractor
hereby covenants and agrees to reimburse immediately the City for any such
amount paid to any such governmental authority and the costs and expenses
associated with defending the City including, but not limited to, reasonable
attorney's fees. In the event that Contractor is reclassified as an employee and
becomes eligible for a refund of any taxes paid to any governmental agency
including, but not limited to, a claim for refund of self-employment taxes, then
Contractor hereby covenants and agrees to pursue any such refund and assign to
the City the proceeds from any such refund.
22.2 No Joint Venture. Nothing herein shall be deemed to create a joint venture or
principal-agent relationship between the parties, and neither party is authorized
to, nor shall either party act toward third persons or the public in any manner
which would indicate any such relationship with the other.
22.3 Entire Agreement. This Agreement represents the entire understanding and
agreement between the parties hereto with respect to the subject matter hereof,
and supersedes all prior oral negotiations and written agreements between the
parties. This Agreement may be amended, supplemented, modified, or changed
only by a written instrument agreeing to said amendment, supplementation,
modification, or change in the terms hereof by the parties.
22.4 Notices. Any notice, request, instruction, or other document to be given as part
of this Agreement shall be in writing and shall be deemed served when either
delivered in person to the following designated agents or received by registered
or certified United States mail, return receipt requested, postage prepaid, or
received by facsimile, addressed as follows:
TO THE CITY:
City Manager
City of Cape Canaveral
105 Polk Avenue (P.O. Box 326)
Cape Canaveral, FL 32920
Ph: 321 -868 -1220
Solid Waste Agreement
City of Cape Canaveral/Waste Pro of Florida, Inc.
Page 38 of 44
Attachment "A" to Ordinance No. 13-2014
TO THE CITY ATTORNEY:
Brown, Garganese, Weiss and D'Agresta, P.A.
P.O. Box 2873
Orlando, FL 32802-2873
Ph: 407-425-9566
TO THE CONTRACTOR:
Regional Vice President
Waste Pro of Florida, Inc.
3705 St. Johns Pkwy
Sanford, Florida 32771
Ph: 407-774-0800
Either party may change the aforementioned designated agents at any time by
providing written notice of such change to the other party.
22.5 Captions. Captions to sections throughout this Agreement are solely to facilitate
the reading and reference to the sections and provisions of the Agreement. Such
captions shall not affect the meaning or interpretation of the Agreement.
22.6 Severability. If any section, subsection, sentence, clause, phrase, or portion of
this Agreement is, for any reason, held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct, and
independent provision. Such holding shall not affect the validity of the
remaining portions of this Agreement, unless the City determines that the
portions remaining (without the severed portions) have an adverse effect on the
best interests of City, then City shall have the right to terminate this Agreement.
22.7 City's Rights of Intervention. Contractor agrees not to oppose intervention by
the City in any suit or proceeding to which Contractor is a party, concerning or
involving this Agreement and the City's rights under this Agreement.
22.8 Attorney's Fees. In the event of litigation arising out of or relating to this
Agreement, the prevailing party shall be entitled to recover all its reasonable
expenses, including attorney's fees, costs, and other expenses reasonably and
necessarily incurred, through all administrative, pre-trial, trial, post judgment,
and appellate proceedings.
22.9 Counterparts. This Agreement may be executed in any number of counterparts,
each of which when so executed and delivered shall be considered an original
agreement; but such counterparts shall together constitute but one and the same
instrument.
22.10 Waiver. Failure of the City to insist upon performance within any time period or
upon a proper level of service shall not act as a waiver of the City's right to later
claim a failure to perform on the part of Contractor.
Solid Waste Agreement
City of Cape Canaveral/Waste Pro of Florida, Inc.
Page 39 of 44
Attachment "A" to Ordinance No. 13-2014
22.11 Jurisdiction; Venue. This Agreement is made and shall be interpreted,
construed, governed, and enforced in accordance with the laws of the State of
Florida. Venue for any state action or litigation shall be Brevard County, Florida.
Venue for any federal action or litigation shall be Orlando, Florida.
23.0 Effective Date/Term.
23.1 Effective Date. The effective date of the Contract shall be October 1, 2014.
23.2 Term. The term of this Agreement shall be from October 1, 2014 to September
30, 2019 subject to an annual evaluation by the City under paragraph 9.0 herein
and termination as provided for in paragraph 14.0 herein. The term of this
Agreement may be extended pursuant to paragraph 23.3 herein.
23.3 Renewal. This Agreement shall be renewed for additional five (5) years terms
by mutual agreement of the parties unless either party provides notice of non-
intent at least 180 days prior to expiration of the Agreement or renewal thereof.
24.0 Disruption in Collection and Disposal Services. In the event a disruption (e.g. strike,
labor stoppage, collection equipment in disrepair) causes Contractor to fall one week or
more behind in its collection schedule, City may, at its option, cause the collection and
disposal services to be performed by any means available to City. Such means may
include, but not be limited to, City taking over and operating the collection equipment
used in the performance of this Agreement until such time Contractor can perform the
collection and disposal services and/or City contracting with a third party to perform the
collection and disposal services. Any cost incurred by City in exercising this option
shall be charged against Contractor and the performance bond or alternative letter of
credit furnished by Contractor under this Agreement. The foregoing option shall only be
exercised by a majority vote of the City's City Council after the City Council has
declared that the disruption has caused an emergency to arise within the service area that
adversely effects the public health, safety, and welfare.
25.0 Administrative Charges.
Should the Contractor commit any of the breaches described herein in Contractor's
obligations under this Contact, the City shall be entitled to assess against the Contractor
the amounts listed below, not as a penalty but as administrative charges.
The City will be entitled to offset any administrative charges assessed against the
monthly fee otherwise due to Contractor hereunder or alternatively to collect such
damages from the performance bond.
Each complaint shall be considered legitimate, unless satisfactory evidence to the
contrary is furnished to the Authorized Representative by the Contractor. The decision
of the Authorized Representative shall be final. On-site inspection will be provided by
the City to determine the legitimacy of disputed complaints.
Solid Waste Agreement
City of Cape Canaveral/Waste Pro of Florida, Inc.
Page 40 of 44
Attachment "A" to Ordinance No. 13-2014
This provision shall not limit other contract claims or remedies that the City may have
against the Contractor under this Contract.
25.1 Opportunity for Cure Not Required. The following administrative charges
may be assessed without the need to give the Contractor the opportunity to cure:
A. Failure to collect missed customers by 7:00 P. M. the same day when
given notice before noon, or by 12:00 noon the following day when
given notice between 12:00 noon and 5:00 P. M.: $50 per incident, a
maximum of$300 Per truck per day.
B. Un-handled complaints over 20 in a single month: $50 per incident
including the first 20.
C. Failure to replace damaged container within five days for commercial
customers and 72 hours for residential customers: $50 per incident.
D. Failure to repair damage to customer's property within seven days: $100
per incident.
E. Equipment operator not properly licensed: $250 per incident.
F. Failure to comply with the current schedules: $125 per incident.
G. Failure to complete a route on the regular pick-up day: $125 per day for
each route not completed.
H. Failure to provide proper notification prior to residential route changes:
$125 per day, per route not notified.
I. Causing skid marks or spillage marks on roadways, private driveways, or
any thoroughfare within the service area: $75 per incident.
J. Causing hydraulic spills or leaks as well as any other fluids having
potential to damage or stain asphalt, concrete, or other roadway surfaces:
$250 per incident.
K. Failure to clean spillage caused from residential or commercial route
vehicles leaking from collected garbage: $150 per incident
25.2. Opportunity for Cure Required. The following administrative charges may be
assessed only (i) after the City has given Contractor notice and a reasonable opportunity
to cure, or (ii) where the violation is a repeat violation (i.e., Contractor has previously
failed the specific item listed at least once within the past 12 months and the City has
previously provided Contractor notice of such failure):
Solid Waste Agreement
City of Cape Canaveral /Waste Pro of Florida, Inc.
Page 41 of 44
Attachment "A" to Ordinance No. 13-2014
A. Failure to maintain office hours as required: $100 per incident.
B. Failure to provide documents and reports in a timely and accurate
manner as per agreement: $50 per incident.
C. Failure to cover materials, if appropriate, on all collection vehicles: $100
per incident.
D. Failure to comply with requested employee roster, proper uniforms, and
employee identification and safety equipment as per agreement: $150
per incident.
E. Failure to close gates on dumpster enclosures as well as container lids
and locking all locks on commercial customer locations: $75 per
incident.
F. Failure to follow established reporting operation or administrative
procedures: $150 per incident.
G. Failure to provide monthly tonnage and recycling data reports: $250 per
incident.
H. Loaded vehicles left standing on street unnecessarily: $150 per incident.
I. Failure to drive in the proper direction: $100 per incident.
J. Commingling solid waste with vegetative waste, recyclable materials, C
& D materials or other waste material: $250 per incident.
K. Failure to report recycling activity monthly in the format determined by
the Contractor, for the purpose of tracking and verifying City wide
recycling activity: $100 per incident.
26.0 Contractor's Representative. Contractor shall designate an individual to act as a
representative for Contractor under this Agreement with the authority to transmit
instructions, receive information, and make or interpret Contractor's decisions. This
person shall be Contractor's contract administrator. Initially, the person who shall act as
the representative for Contractor with respect to this Agreement shall be Tim Dolan,
District Manager. Contractor may from time to time designate other individuals or
delete individual's with the authority to act for Contractor under this Agreement with
the authority to transmit instructions, receive information, and make or interpret
Contractor's decisions. All deletions or designation of individuals to serve as a
representative shall be given by written notice.
27.0 Time of the Essence. Contractor acknowledges and agrees that time is of the essence
for the completion of the collection and disposal services to be performed under this
Solid Waste Agreement
City of Cape Canaveral /Waste Pro of Florida, Inc.
Page 42 of 44
Attachment "A" to Ordinance No. 13-2014
Agreement. Unless otherwise extended in writing by the City, Contractor agrees to
complete the collection and disposal services as required by this Agreement.
28.0 Sovereign Immunity. Nothing contained in this Agreement shall be construed as a
waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes,
or other limitations imposed on the City's potential liability under state or federal law.
29.0 Title to Refuse. The City shall have the right and title to all refuse, including recycling,
set out for collection. Once collected by Contractor, ownership of all refuse, including
recycling, collected under this Agreement shall transfer to the Contractor.
30.0 Public Awareness Campaign.
30.1 General. Contractor agrees to provide, and assist the City in conducting, a
public awareness campaign to promote the collection, disposal and recycling
services provided under this Agreement. All materials and publications used by
Contractor shall be reviewed by the City and approved by the Authorized
Representative. All materials and publications used by the City shall be
reviewed by Contractor and approved by Contractor's representative.
30.2 Contractor shall provide $2,000.00 to the City, each year on October 1st, for
public awareness of the City's recycling program. Said amount shall increase by
2.5% each year during the Agreement term and any extensions thereof.
30.3 Contractor shall maintain membership in Keep Brevard Beautiful during the
entire term of the Solid Waste Agreement.
30.4 Contractor and City will conduct a joint marketing program for small business
recycling. Contractor agrees to tailor its services to meet the individual needs of
a business. If traditional recycling programs for multi-family recycling
customers are not deemed acceptable to the customers and the City, Contractor
will design a recycling option that works for the City and its multi-family
recycling customers.
Attest: City of Cape Canaveral, Florida
A Florida municipal corporation
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.: gela M. Apporshn, City Clerk Rocky Randels, Mayor
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1."+:: ,'Cfty of Cape Canaveral/Waste Pro of Florida, Inc.
Page 43 of 44
Attachment "A"to Ordinance No. 13-2014
Contractor:
Witness: Waste Pro of Florida, Inc.
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Print Name R. hard Meinert Print N e itleTim o an
Regional Vice President
Corporate Seal
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Solid Waste Agreement
City of Cape Canaveral/Waste Pro of Florida, Inc.
Page 44 of 44
Exhibit "A" to Solid Waste Franchise Agreement
City of Cape Canaveral Solid Waste Rate Schedule
Services billed by the City
Monthly Fee
User Category Code Effective Jan 2015
Single Family - CART, vegetative waste,
Bulk, single stream recycling service and
weekly clam truck vegetative waste pick up. SFR1 $9.75
Mobile Home - CART, vegetative waste,
Bulk, single stream recycling service and
weekly clam truck vegetative waste pick up. MHR2 $9.75
Multi - Family - vegetative waste, Bulk, single
stream recycling service and weekly clam truck
vegetative waste pick up. RCCM $2.95
Commercial CART service CANS $11.91
Commercial single stream recycling cart service CSSR $1.94
Monthly Container (dumpster) yards $29.08
Cubic yard rate See $3.36
Extra pick-up container yards Page 2 $4.38
Wheels & Lock Bars (dumpsters only) WHEE $38.76
Description of Services Billed by Contractor
Roll off container
20, 30 & 40 yard open top per pull $177.20
Roll off compactors
15, 20, 30 & 40 yard monthly rate $498.39
Compactor per pull charge
15, 20, 30 & 40 yard per pull $177.20
Delivery charge for all roll off type containers $83.07
Vegetative Waste Special Pick up
(use of cherry picker, claw or clam truck)
Full truck per pick up - more than 10 cubic yards $132.90
1/2 truck per pick up - less than 10 cubic yards $66.45
Commercial Recycling Dumpsters Market Rates
Page 1 of 2
Exhibit "A" to Solid Waste Franchise Agreement
City of Cape Canaveral Solid Waste Rate Schedule
Rate
Size of Dumpster/ Frequency of Pick Up Code Jan 2015
DUMPSTER 2CU 2 PU GX22 $58.15
DUMPSTER 2 CU 3 PU GX23 $96.07
DUMPSTER 2 CU 4 PU GX24 $133.98
DUMPSTER 2 CU 5 PU GX25 $171.90
DUMPSTER 2 CU 6 PU GX26 $209.82
DUMPSTER 3'CU 2 PU GX32 $87.23
DUMPSTER 3 CU 3 PU GX33 $144.10
DUMPSTER3 CU 4 PU GX34 $200.98
DUMPSTER 3 CU 5 PU GX35 $257.85
DUMPSTER 3C 6 PU GX36 $314.73
DUMPSTER 4 CU 2 PU GX42 $116.31
DUMPSTER 4 CU 3 PU GX43 $192.14
DUMPSTER 4 CU 4 PU GX44 $267.97
DUMPSTER 4 CU 5 PU GX45 $343.80
DUMPSTER 4 CU 6 PU GX46 $419.63
DUMPSTER 6 CU 2 PU GX62 $174.46
DUMPSTER 6 CU 3 PU GX63 $288.21
DUMPSTER 6 CU 4 PU GX64 $401.95
DUMPSTER 6 CU 5 PU GX65 $515.70
DUMPSTER 6 CU 6 PU GX66 $629.45
DUMPSTER 8,CU 2 PU GX82 $232.61
DUMPSTER 8',CU 3 PU GX83 $384.27
DUMPSTER 8 CU 4 PU GX84 $535.94
DUMPSTER 8C 5 PU GX85 $687.60
DUMPSTER 8 CU 6 PU GX86 $839.27
Page 2 of 2
Exhibit "B" to Solid Waste Franchise Agreement
City Controlled Property
The list of services outlined in this exhibit will be provided to the City free of charge. This list will be updated as permanent
facilities are added to the City facilities. Temporary construction projects are not included in this list.
Commercial Service,Solid Waste and Recycling
Facility Location Size Frequency Qty Recycling Additional Information
Police Precinct 111 Polk Ave 4 yard 2xWeek 1 Yes
City Hall 105 Polk Ave N/A N/A N/A Yes
City Library 201 Polk Ave 2 yard 2xWeek 1 Yes
Public Works 601 Thurm Blvd 2 yard 2xWeek 1 Yes
Public Works 601 Thurm Blvd 30 yard OT As Needed 1 N/A Solid Waste
Public Works 601 Thurm Blvd 30 yard OT As Needed 2 N/A Yard Waste
Public Works 601 Thurm Blvd 15 yard OT As Needed 1 N/A Metal
Fire Department 190 Jackson Ave 2 yard 2xWeek 1 Yes
Manatee Park 701 Thurm Blvd 2 yard 2xWeek 1 Yes
Leisure Services 7300 N.Atlantic N/A N/A N/A Yes
Youth Center 7920 Orange Ave 96 gal 2xWeek 2 Yes
Beachend Crossovers and Bus Stops-Solid Waste and Recycling
Facility Location Size Frequency Qty Recycling Additional Information
Johnson Ave 96 gal 6xWeek 2 Yes
Lincoln Ave 96 gal 6xWeek 2 Yes
Buchanan Ave 96 gal 6xWeek 2 Yes
Pierce Ave 96 gal 6xWeek 2 Yes
Fillmore Ave 96 gal 6xWeek 2 Yes
Taylor Ave 96 gal 6xWeek 2 Yes
Polk Ave 96 gal 6xWeek 2 Yes
Tyler Ave 96 gal 6xWeek 2 Yes
Harrison Ave 96 gal 6xWeek 2 Yes
Jackson Ave 96 gal 6xWeek 2 Yes
Monroe Ave 96 gal 6xWeek 2 Yes
Madison Ave 96 gal 6xWeek 2 Yes
Jefferson Ave 96 gal 6xWeek 2 Yes
Adams Ave 96 gal 6xWeek 2 Yes
Washington Ave 96 gal 6xWeek 2 Yes
Canaveral Sands 96 gal 6xWeek 2 Yes
Harbor Heights 96 gal 6xWeek 2 Yes
All Public Transportation Bus Stop locations currently in place and any future Bus Stop locations added by
the City will be emptied six(6)times a week. It will be the City's responsibility to notify Contractor of
additional locations.
City Sponsored SPECIAL EVENTS(Shall include trash and recycling carts)
Friday Fest Taylor/Poinsetta Ayes 1st Friday of Each Month
Space Coast
Music Festival Manatee Park September Annually
Heritage Day/
Spring Festival Manatee Park March Annually
Reindeer Run Cherie Down Park December Annually
Page 1 of 2
Exhibit"B" to Solid Waste Franchise Agreement
City Controlled Property
All Public City Trash and Recycling locations currently in place and any future locations added by the City
will be emptied two(2)times a week. It will be the City's responsibility to notify Contractor of additional
locations. Below is the list:
Facility Location Size Frequency Qty Recycling Additional Information
Center St Park Center St on River Can 2xWeek 1 Yes
W.Central Blvd Ditch w/Bench Can 2xWeek 1 No
W.Central Blvd West of N.Atlantic Can 2xWeek 1 No
N Atlantic Ave Across from 8580 Can 2xWeek 1 No
Washington Ave Across from 217 Can 2xWeek 1 No
Washington Ave Across from 313 Can 2xWeek 1 No
Basketball Court 7920 Orange Ave Can 2xWeek 2 No
Large Baseball
Field 7920 Orange Ave Can 2xWeek 5 Yes
Small Baseball
Field 7920 Orange Ave Can 2xWeek 5 Yes
SandPiper Park Magnolia & Harrison Can 2xWeek 4 Yes
Veterans
Memorial Park Polk&Orange Can 2xWeek 2 No
Xerscape Park Taylor Ave Can 2xWeek 3 No
Recreation
Complex 7300 Taylor Ave Can 2xWeek 6 Yes
Patriots Park Long Point&Sunset Can 2xWeek 2 No
Manatee
Sanctuary Park 701 Thurm Blvd Can 2xWeek 8 Yes
Banana River Park 901 River Park Drive Can 2xWeek 2 No
Page 2 of 2