HomeMy WebLinkAboutItem 03(a) Approval of Franchise Agreement with Waste Connections of Florida, Inc. 4\9,4
ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: January 21, 2020
Item # 3a
Reviewed By: /
Contact Name: Stephen C. Krug Department Director:
Contact Number: 6002 City Manager: /1, "% -
Subject: Solid Waste Franchise Agreement with Waste Connections of Florida, Inc.
Background Summary:
The City Commission elected to expand the Commercial and Multi-family Solid Waste Franchise with
Waste Connections (WC) to include Residential Collection at the August 20, 2019 meeting. WC, the
City Attorney and Public Works have completed the new franchise contract and request Commission
approval. Public Works recommends approval of the contract.
Issue:
Request Commission approval for the Exclusive Franchise Agreement with Waste Connections of
Florida, Inc., for the Collection of Residential and Commercial Solid Waste and Recyclable Materials.
Recommendations:
Recommend the City Commission approve the Exclusive Franchise Agreement between the City and
Waste Connections of Florida, Inc., for the Collection of Residential and Commercial Solid Waste and
Recyclable Materials. and for the Mayor and City Clerk to execute the agreement.
Attachments:
Exclusive Franchise Agreement between City of Ocoee, Florida and Waste Connections of Florida, Inc.,
for the Collection of Residential and Commercial Solid Waste and Recyclable Materials.
Financial Impact:
The service is being funded through the Solid Waste Division.
Type of Item: (please mark with an x')
Public Hearing For Clerk's Dept Use:
Ordinance First Reading X Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
X Commission Approval
Discussion& Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney D c-ckeL Crosb - e.,v LA l e( N/A
Reviewed by Finance Dept. 'I ,_ _ _ ,,, __ N/A
Reviewed by ( ) N/A
2
Exclusive Franchise Agreement
between
City of Ocoee, Florida
and
Waste Connections of Florida,
Inc., [Contractor] for the
Collection of Residential and
Commercial
Solid Waste and Recyclable Materials
Exclusive Franchise Agreement
Table of Contents
EXHIBITS
EXHIBIT 1 GENERAL MAP OF SERVICE AREA
EXHIBIT 2 LEGAL DESCRIPTION OF SERVICE AREA
EXHIBIT 3 RATES FOR COLLECTION SERVICES
3-1 Residential
3-2 Commercial and Multi-Family
EXHIBIT 4 ANNUAL RATE ADJUSTMENT FOR
COMMERCIAL AND MULTI-FAMILY
EXCLUSIVE FRANCHISE AGREEMENT
This Exclusive Franchise Agreement("Agreement")is made and entered into this day of
, 2020 ("Effective Date") by and between the City of Ocoee,a municipal corporation existing
under the laws ofthe State of Florida("City"), and Waste Connections of Florida, Inc.,a Delaware corporation
authorized to do business in the State of Florida("Contractor").
RECITALS
WHEREAS,the City wishes to use and the Contractor wishes to provide the Contractor's services
for the Collection of Residential and Commercial Solid Waste and Recyclable Materials, subject to the
terms and conditions contained in this Agreement; and
WHEREAS, the City Commission of the City of Ocoee ("Board")finds that granting an exclusive
franchise to the Contractor,subject to the terms and conditions contained in this Agreement, is in the public
interest and will protect the public health, safety and welfare; and
WHEREAS,the Board finds that the franchise granted herein properly balances the Board's desire
to provide excellent, environmentally-sound Collection Services to the City's residents and the Board's
desire to minimize the cost of such services.
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
contained herein and the mutual benefits provided hereunder, the receipt and sufficiency of which are
hereby acknowledged, the City and the Contractor agree that they shall be bound by and shall strictly
comply with the following provisions of this Agreement:
SECTION 1: DEFINITIONS
For the purposes of this Agreement, the definitions contained in this Section 1 shall apply unless
otherwise specifically stated. If a word or phrase is not defined in this Agreement, the definition of such
word or phrase in the City's Ordinances shall apply. To the extent the definitions contained herein conflict
with similar definitions in any federal, state, or local law, including but not limited to the definitions in the
Ordinances,the definitions herein shall prevail when construing this Agreement.
1.1 Advertisinw shall mean any written communication for the purpose of promoting a product or
service. The Contractor's name and telephone number, and other information provided in the manner
specified in this Agreement, is not Advertising.
1.2 Agreement shall mean this Exclusive Franchise Agreement.
1.3 Agreement Year shall mean: (a)the period beginning on ,2020 and continuing through
and including , 2027; and (b)each calendar year throughout the term of this Agreement.
1.4 Applicable Law shall mean any local, state or federal statute, law,constitution,charter,ordinance,
judgment,order, decree,permit, rule, regulation, directive, policy, standard or similar binding authority,or
a judicial or administrative interpretation of any of the same, which are in effect or are enacted, adopted,
promulgated, issued or enforced by a governmental body during the term of this Agreement, and relate in
any manner to the performance of the City or Contractor under this Agreement.
1.5 Assessment Roll shall mean a non-ad valorem assessment roll relating to solid waste management
system costs and recovered materials management system costs, approved by a resolution in accordance
with Section 143-8 of the City's Code of Ordinances.
1.6 Back Door Service shall mean the Collection of Solid Waste and Recyclable Materials on a
Customer's property at a location that is not Curbside.
1.7 Biomedical Waste shall mean any solid or liquid waste which may present a threat of infection to
humans, including non-liquid tissue, body parts, blood, blood products, and body fluids from humans and
other primates; laboratory and veterinary wastes which contain human disease-causing agents; discarded
sharps; and absorbent materials saturated with blood or body fluids.
1.8 Board shall mean the City Commission of the City of Ocoee, Florida.
1.9 Building shall mean any structure, whether temporary or permanent, built for the support, shelter
or enclosure of people,chattel,or property.This term shall include mobile homes or similar vehicles serving
the function of a Building.
1.10 Bulk Waste shall mean a large item that is discarded by a Customer on their Residential Property
as a result of normal housekeeping activities,which cannot be placed in a Garbage Cart because of its size,
shape or weight. Bulk Waste includes, but is not limited to, White Goods, furniture, household goods,
materials resulting from home improvement projects,fixtures,sinks,toilets,ladders,Electronic Equipment,
and carpet. Bulk Waste does not include Exempt Waste or large items that are not found in a residential
Dwelling Unit.
1.11 Certificate of Occupancy shall mean a document issued by the City certifying that a newly
constructed building has been constructed in compliance with City specifications and is suitable for use.
1.12 Change in Law shall mean the adoption, promulgation, or modification of any Applicable Law
after the Effective Date, which directly and substantially affects the Contractor's or City's ability or cost to
perform under this Agreement. A Change in Law does not include a change in any tax law or workers'
compensation law.
1.13 UL shall mean, depending on the context, either (a) the geographic area contained within the
corporate limits of the City of Ocoee, Florida or (b) the government of the City of Ocoee, acting through
the Board or its designee(s).
1.14 City Manager shall mean the City's chief executive officer or their designee(s).
1.15 Collectioq shall mean (a)the process of picking up Solid Waste and Recyclable Materials from a
Person that generates such waste and materials and(b)the process of transporting and delivering the Solid
Waste and Recyclable Materials to a Solid Waste Management Facility.
1.16 Collection Container shall mean Garbage Carts and Recycling Containers.
1.17 Collection Plan shall mean the Contractor's written plan for providing Collection Service in
compliance with the requirements in this Agreement.
1.18 Collection Service shall mean one or more of the various services provided by the Contractor for
the Collection of Solid Waste and Recyclable Materials pursuant to this Agreement.
1.19 Commencement Date shall mean January 6, 2020, which is the date when the Contractor shall
begin providing Collection Services to the City pursuant to the requirements of this Agreement.
1.20 Commercial Lawn Care Company shall mean a Person that provides lawn and garden
maintenance services for remuneration. This definition includes landscapers.
1.21 Commercial Property shall mean real property that is located in the Service Area and not
classified as Residential Property. Commercial Property includes property used primarily for: (a)
commercial purposes, such as hotels, motels, stores, restaurants,theaters, service stations, and recreational
vehicle parks; (b) institutional purposes, such as governmental offices, churches, hospitals, and schools;
and (c) not-for-profit organizations. Commercial Property includes commercially zoned property that is
used primarily for residential purposes,and mobile home parks in which all of the lots or spaces are offered
for rent or lease for the placement of mobile homes.Vacant land,not classified as Improved Property, shall
be deemed Commercial Property.
1.22 Commercial Waste shall mean Solid Waste and Recyclable Materials generated on Commercial
Property.
1.23 Community Events shall mean events sponsored or co-sponsored by the City.
1.24 Compactor shall mean a stationary or mobile mechanism that is used to densify Solid Waste in a
Mechanical Container.
1.25 Construction and Demolition Debris shall mean discarded materials generally considered to be
not water soluble and non-hazardous in nature, including, but not limited to, steel, glass, brick, concrete,
asphalt roofing material,pipe, gypsum wallboard,and lumber, resulting from the construction,destruction,
or renovation of a structure. This Agreement does not address Construction and Demolition Debris.
1.26 Consumer Price Index or "CPI" shall mean the -Consumer Price Index—All Urban ConsumersII
for the South Urban Region (Series ID CUUR0300SA0), as published by the U.S. Department of Labor,
Bureau of Labor Statistics, or a successor agency.
1.27 Contingency Plait shall mean the Contractor's plan for avoiding an interruption in Collection
Service in the event that an emergency or other situation renders the Contractor's operations yard or
equipment unusable.
1.28 Contractor shall mean Waste Connections of Florida,Inc.,a Delaware corporation registered to do
business in the State of Florida.
1.29 Curbside shall mean a location adjacent to a road or right-of-way that abuts a Customer's property
and provides access for the Contractor's Collection vehicles. If there is no public access to the Customer's
property,Curbside shall mean a location that is adjacent to a public or private roadway where the Contractor
may lawfully gain access and provide Collection Service to the Customer.
1.30 Customer shall mean any Person that owns or occupies Residential Property that receives
Collection Service from the Contractor pursuant to this Agreement.
1.31 Customer List shall mean a list that identifies the Residential Property entitled to receive
Collection Service from the Contractor.
1.32 jay shall mean a calendar day, except Saturdays, Sundays, and Holidays.
1.33 Designated Facility shall mean a facility designated by the City for the Recycling or disposal of
the Solid Waste and Recyclable Materials collected pursuant to this Agreement.
1.34 Director shall mean the Director of the City's Public Works Department or their designee(s).
1.35 Disaster Debris shall mean debris that is produced or generated by a natural or manmade disaster.
Disaster Debris includes but is not limited to Yard Trash, Construction and Demolition Debris, and Bulk
Waste.
1.36 Disaster Debris Contract shall mean the City's contract(s) with one or more contractors for the
removal, hauling, processing, disposal, or Recycling of Disaster Debris.
1.37 Dwelling Unit shall mean any type of structure or Building unit intended for, or capable of being
utilized for, residential living, except those structures or Building units included within the definition of
Commercial Property. A Dwelling Unit includes a room or rooms constituting a separate, independent
living area with a kitchen or cooking facilities, a separate entrance, and bathroom facilities, which are
physically separated from other Dwelling Units, whether located in the same structure or in separate
structures.
1.38 Effective Date shall mean the date when this Agreement is signed and duly executed by the Board
or its designee,which shall occur after the Agreement is signed and duly executed by the Contractor.
1.39 Electronic Equipment shall mean large electronic devices that have been discarded, including but
not limited to computers,monitors,televisions,cathode ray tubes,printers,scanners,and copying machines.
1.40 exempt Waste shall mean materials that are exempt from the Contractor's exclusive franchise
under this Agreement.
1.41 Extraordinary Waste shall mean wastes that require extraordinary measures to manage, including
but not limited to abandoned boats and motors,abandoned cars and engines, dead animals,agricultural and
industrial wastes, Biomedical Waste, Radioactive Waste, and Hazardous Waste.
1.42 Field Supervisor shall mean the Contractor's employee that is responsible for supervising the
Contractor's Collection Services in the City.
1.43 First Agreement Year shall mean the period beginning on January 6, 2020 (i.e., the
Commencement Date) and continuing through and including January 5, 2021.
1.44 Garbage shall mean all kitchen and table food waste, and animal or vegetative waste that is
attendant with or results from the storage, preparation, cooking, or handling of food materials.
1.45 Garbage Can shall mean any commonly available metal or heavy-duty plastic receptacle for Solid
Waste that has an enclosed bottom and sides, a tight fitting lid or top, handles on the sides, and a capacity
of approximately thirty-two (32) gallons or less.
1.46 Garbage Cart shall mean a container that is made with heavy-duty hard plastic or other impervious
material, hot-stamped or stenciled with the City logo, with enclosed sides and a bottom, mounted on two
wheels, equipped with a tight-fitting hinged lid, and used for the automated or semi-automated Collection
of Garbage and Rubbish.
1.47 General Manager shall mean the employee designated by the Contractor as the Contractor's
primary representative with regard to matters involving this Agreement.
1.48 Hazardous Waste shall mean Solid Waste, or a combination of Solid Wastes, which, because of
its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly
contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible
illness or may pose a substantial present or potential hazard to human health or the environment when
improperly transported, disposed of, stored,treated, or otherwise managed. Hazardous Waste includes any
material or substance identified as a hazardous waste, hazardous substance, or hazardous material in the
Florida Administrative Code, Florida Statutes, or other Applicable Law.
1.49 Holidav shall mean New Year's Day (January 1), Memorial Day, Independence Day (July 4),
Labor Day, Thanksgiving Day, and Christmas Day(December 25).
1.50 Improved Property shall mean any cleared,graded or drained real property upon which a Building
or structure is erected and occupied or capable of being occupied(i.e., a Certificate of Occupancy has been
issued)for residential, commercial, institutional,or industrial use.
1.51 Interest shall mean a payment by the City or the Contractor,as the case may be,at a rate
determined pursuant to Section 55.03(1), Florida Statutes.
1.52 Land Clearing Debris shall mean the trees, tree trunks, limbs, stumps, bushes, other vegetation,
rocks, soil, and other materials resulting from a land clearing or lot clearing operation.
1.53 Legitimate Complaint shall mean any complaint where the applicable requirements of this
Agreement concerning the Set Out and Collection of Solid Waste were satisfied by the Customer, but were
not satisfied by the Contractor.
1.54 Load shall mean any Solid Waste or Recyclable Material that is collected or transported in the
Contractor's Collection vehicle.
1.55 Materials Recovery Facility shall mean a Solid Waste Management Facility that provides for the
extraction from Solid Waste of Recyclable Materials,materials suitable for use as a fuel or soil amendment,
or any combination of such materials.
1.56 Mechanical Container shall mean a dumpster, Roll-Off Container, Compactor, or other large
container that is placed on and removed from a Person's Premises with mechanical equipment, and used
for the Collection of Solid Waste or Recyclable Materials.
1.57 Missed Collection shall mean any occasion when the Contractor fails to provide Collection Service
to a Customer on a Scheduled Collection Day in accordance with the provisions of this Agreement.
1.58 Mobile Home Park means a trailer park for mobile or modular homes, if the lots in the park are
included in the current Assessment Roll.
1.59 Multi-family Residential Unit means a Residential Property containing more than four(4) single
family residential units.
1.60 New Customer shall mean the occupant of a parcel of Residential Property that receives Collection
Service for the first time after the Commencement Date.
1.61 Non-Collection Notice shall mean a written form, tag, or sticker that is used by the Contractor to
notify a Customer of the reason(s) why the materials Set Out by the Customer were not collected by the
Contractor.
1.62 Non-Conforming Material shall mean any material that is Set Out for Collection in a Recycling
Container, but is not a Recyclable Material.
1.63 Ordinances shall mean the City of Ocoee Code of Ordinances, as amended from time to time.
1.64 OSHA shall mean the Occupational Safety and Health Act and all implementing regulations.
1.65 Performance Bond shall mean the financial security furnished by the Contractor as a guarantee
that the Contractor will perform its work and pay all lawful claims in compliance with the terms of this
Agreement.
1.66 Person shall mean any and all persons, natural or artificial, including any individual, firm,
partnership,joint venture, or other association, however organized; any municipal or private corporation
organized or existing under the laws of the State of Florida or any other state; any county or municipality;
and any governmental agency of any state or the federal government.
1.67 Plastic Bag shall mean a heavy-duty plastic trash bag that is securely tied at the top,with a capacity
of thirty-three(33) gallons or less and may include lawn bags.
1.68 Premises shall mean Improved Property.
1.69 Radioactive Waste shall mean any equipment or materials that are radioactive or have radioactive
contamination, and are required by law to be stored,treated, or disposed of as radioactive waste.
1.70 Rates shall mean the fees and charges approved by the City for the Contractor's Collection Service.
1.71 Recovered Materials shall mean metal, paper, glass, plastic,textile, or rubber materials that have
known Recycling potential, can be feasibly recycled and have been diverted and source separated or have
been removed from the Solid Waste stream for sale, use or reuse as raw materials, whether or not the
materials require subsequent processing or separation from each other, but does not include materials
destined for any use that constitutes disposal. Recovered Materials as described above are not Solid Waste.
Recovered Material does not include any material or substance that does not fit within one of the six
categories described in this definition(metal,paper,glass,plastic,textile,or rubber).Unsorted Construction
and Demolition Debris is not a Recovered Material.
1.72 Recyclable Materials shall mean those materials that are capable of being recycled and would
otherwise be processed or disposed of as Solid Waste.Recyclable Materials include newspapers,telephone
books, glass bottles and containers, plastic bottles and containers, steel cans, aluminum cans, and other
materials designated by the Director as Recyclable Materials.
1.73 Recycling shall mean any process by which materials that would otherwise have been Solid Waste,
are collected,separated,or processed and reused or returned to use in the form of raw materials or products.
1.74 Recycling Bin shall mean a rectangular bin that is made of heavy-duty hard plastic or other
impervious material,hot-stamped or stenciled with the City logo,and used for the Collection of Recyclable
Materials.
1.75 Recycling Carts shall mean a container that is made of heavy-duty hard plastic or other impervious
material, hot-stamped or stenciled with the City logo, with enclosed sides and a bottom, mounted on two
wheels, equipped with a tight-fitting hinged lid, and used for the automated or semi- automated Collection
of Recyclable Materials.
1.76 Recycling Container shall mean any container approved by the Director for the Collection of
Recyclable Materials, including but not limited to Recycling Carts.
1.77 Residential Collection Service shall mean the Collection of Residential Waste from Residential
Property pursuant to this Agreement.
1.78 Residential Property shall mean each parcel of Improved Property in the Service Area that is used
for a single family Dwelling Unit, including each lot in a Mobile Home Park, and any other Improved
Property that is included in the Assessment Roll.
1.79 Residential Waste shall mean Garbage, Rubbish, Yard Trash, Recyclable Materials, and Bulk
Waste generated by a Customer upon the Customer's Residential Property.
1.80 Roll-Off Container shall mean a large metal container used for the Collection of Solid Waste or
Recyclable Materials, which is rolled-off of a motor vehicle when the container is placed at a Collection
site and then rolled-onto the vehicle when the container is ready to be transported to a Solid Waste
Management Facility.
1.81 Rubbish shall mean waste material (other than Garbage, Yard Trash, and Bulk Waste) resulting
from normal housekeeping activities on Residential Property. Rubbish includes but is not limited to
discarded trash,rags, sweepings,packaging,Recyclable Materials that are not source separated,and similar
materials.
1.82 Scheduled Collection Day shall mean a day when the Contractor is scheduled to provide
Collection Service to a Customer for Recyclable Materials or one of the various components of Residential
Waste.
1.83 Service Area shall mean the incorporated areas of the City of Ocoee that shall be served by the
Contractor pursuant to this Agreement.
1.84 Set Out shall mean the preparation and placement of Solid Waste and Recyclable Materials for
Collection at the Customer's Premises, in accordance with the requirements in this Agreement.
1.85 Sludge shall mean the accumulated solids, residues and precipitates generated as a result of waste
treatment or processing including wastewater treatment, water supply treatment, or operation of an air
pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps, privies, or
similar disposal appurtenances or any other waste having similar characteristics.
1.86 Solid Waste shall mean Sludge unregulated under the federal Clean Water Act or Clean Air Act,
Sludge from a waste treatment works, water supply treatment plant, or air pollution control facility, or
Garbage,Rubbish,refuse, Special Waste,or other discarded material, including solid, liquid,semi-solid,or
contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural or
governmental operations. Solid Waste includes but is not limited to Biomedical Waste, Bulk Waste,
Commercial Waste,Construction and Demolition Debris, Disaster Debris,Electronic Equipment,Garbage,
Hazardous Waste, Land Clearing Debris, Radioactive Waste, Recyclable Materials, Residential Waste,
Rubbish, Special Waste, Tires, White Goods, and Yard Trash.
1.87 Solid Waste Management Facility means any Solid Waste disposal area,volume reduction plant,
transfer station, Materials Recovery Facility, or other facility,the purpose of which is resource recovery or
the disposal, Recycling, processing, or storage of Solid Waste. The term does not include Recovered
Materials processing facilities that meet the requirements of Section 403.7046, Florida Statutes, except the
portion of such facilities, if any,which is used for the management of Solid Waste.
1.88 • • • r , . • • ; • . , • u . • ._ shall mean Recyclable Materials that are separated from
the Solid Waste at the location (e.g., Residential Property) where they are generated and then Set-Out for
Collection at that location.
1.89 Special Waste shall mean Solid Waste that can require special handling and management,
including,but not limited to,White Goods,Tires,used oil, lead-acid batteries,Construction and Demolition
Debris, ash residue, Electronic Equipment, Hazardous Waste, Biomedical Waste, and Land Clearing
Debris.
1.90 Tipping Fee shall mean the fee that must be paid for the disposal or processing of a Solid Waste
or Recyclable Material.
1.91 Tires shall mean discarded automotive, motor vehicle, and trailer tires, including rims, but
excluding tires that have an inside diameter of 25 inches or greater.
1.92 Transition Period shall mean the period of time between the Effective Date and the
Commencement Date.
1.93 Transition Plan shall mean a document describing in detail the activities that will be undertaken,
and the schedule that will be followed,by the Contractor to ensure that the Contractor successfully provides
Collection Service in compliance with this Agreement on the Commencement Date.
1.94 White Goods shall mean large discarded appliances, including but not limited to refrigerators,
ranges, washing machines, clothes dryers, water heaters, freezers, and air conditioners. White Goods must
be generated by the Customer at the Customer's Improved Real Property where the White Goods are
collected.
1.95 Yard Trash shall mean vegetative matter resulting from landscaping maintenance, including but
not limited to shrub and tree trimmings, grass clippings, palm fronds, and branches. Yard Trash does not
include Land Clearing Debris.
SECTION 2: CONTRACTOR'S FRANCHISE
2.1 EXCLUSIVE FRANCHISE
Subject to the conditions and limitations contained in this Agreement, the Contractor is hereby
granted an exclusive franchise to provide Residential Collection Service in the Service Area and
shall have the sole right to provide this Collection Service in the Service Area.The Contractor shall
have the sole responsibility for providing this Collection Service in compliance with the
requirements set forth in this Agreement.
Subject to the conditions and limitations contained in this Agreement, the Contractor is hereby
granted an exclusive franchise to provide solid waste collection and disposal services to all
Commercial and Multi-family accounts in the Service Area. The Contractor shall have the sole
right to provide this Collection Service in the Service Area and shall have the sole responsibility
for providing this Collection Service in compliance with the requirements set forth in this
Agreement.
The Contractor shall transport all solid waste collected to a properly licensed solid waste facility.
The Contractor shall provide all labor, materials, equipment, supervision, and facilities necessary
to provide efficient and effective Collection Services. The Contractor shall pay all costs,expenses,
and charges required to perform the Collection Services and dispose of the collected materials
including the disposal charges and "tipping fees" at the solid waste facility. The Contractor shall
comply with all applicable local, state and federal statutes, laws, ordinances,rules and regulations.
Notwithstanding the foregoing or anything else herein, the Contractor may, if the City fails to act,
independently enforce the exclusivity provisions of this Agreement against third-party violators,
including, but not limited to, seeking injunctive relief, and the City shall use good faith efforts to
cooperate in such enforcement actions brought by the Contractor.
2.2 LIMITATIONS ON THE CONTRACTOR'S FRANCHISE
This Agreement only grants a franchise for the services and types of Solid Waste that are explicitly
addressed herein.No other services or materials are subject to the Contractor's franchise under this
Agreement. Among other things, this Agreement does not grant a franchise for the Collection of
any Exempt Waste identified in Section 21 of this Agreement.
SECTION 3: TERM OF THIS AGREEMENT
3.1 INITIAL TERM OF FRANCHISE AGREEMENT
This Agreement shall take effect and be binding upon the parties from the Effective Date, or the
date the Contractor begins to provide the Residential Collection Service hereunder, whichever is
later, to the City for an initial period of seven (7) years until the date when this Agreement is
terminated or expires. The initial term of this Agreement shall begin on the Effective Date, or the
date the Contractor begins to provide the Residential Collection Service hereunder, whichever is
later,and continue through and including ,unless this Agreement is terminated earlier.
3.2 CITY'S OPTION TO RENEW THE FRANCHISE
The City may renew this Agreement for one additional term of three(3)years,unless the Contractor
gives written notice to the City Manager that the Contractor is not willing to renew this Agreement
and such notice is delivered on or before . 20 . If the City wishes to renew
this Agreement, the City shall give written notice to the Contractor at least one hundred eighty
(180) calendar days before the end of the initial term. The renewal term (if any) shall begin on
and shall continue until , unless this Agreement is
terminated earlier.
SECTION 4: THE SERVICE AREA
4.1 DESCRIPTION OF THE SERVICE AREA
The Service Area is comprised of land located within the corporate limits of the City. A general
map of the Service Area is provided in Exhibit 1.
4.2 ADJUSTMENTS TO THE SERVICE AREA
The boundaries of the Service Area may be adjusted if lands are added to or removed from the City
pursuant to an annexation, interlocal agreement, or similar change. In such cases,the rights of the
Contractor may be revised in accordance with Section 171.062, Florida Statutes, or other
Applicable Laws.
The annexation of lands after the Effective Date may require the Contractor to provide Collection
Services in the annexed area or, in the alternative, such area may be served by another Person. In
either case,the Contractor shall provide its services to the City(with or without the annexed area)
for the Rates established in this Agreement. There shall be no change in the Contractor's Rates if
Collection Service in the annexed area is provided by another Person.
SECTION 5: CONTRACTOR'S OBLIGATIONS PRIOR TO
COMMENCEMENT DATE
5.1 CONTRACTOR'S TRANSITION PLAN
Contractor shall ensure that there is no disruption in the Collection Service provided to Customers
when the Contractor begins to provide its services under this Agreement on the Commencement
Date.Accordingly,Contractor shall prepare and provide the Director with a Transition Plan within
fourteen (14) calendar days after the Effective Date. At a minimum, the Transition Plan shall
demonstrate that the Contractor will have hired and trained the necessary personnel, and procured
and prepared the necessary vehicles and equipment, prior to the Commencement Date. The
Transition Plan shall explain how and when the Contractor will provide Garbage Carts, Recycling
Carts, and other Collection Containers to Customers prior to the Commencement Date. The
Transition Plan is subject to the approval of the Director. If requested,the Contractor shall provide
additional information to the Director concerning the Transition Plan,revise the plan within thirty
(30)calendar days, and resubmit the plan for the Director's approval.
5.2 DEADLINES FOR THE CONTRACTOR'S TRANSITION PLANNING
Need to add if applicable
SECTION 6: GENERAL SCOPE OF CONTRACTOR'S
DUTIES
Subject to the conditions contained herein, the Contractor shall (a) within a reasonable time, provide a
Garbage Cart and a Recycling Cart to each Customer that does not already have a City provided cart or is
new service, who resides in a single family Dwelling Unit in the Service Area, and each Customer in a
Mobile Home Park that will receive Residential Collection Service, (b)provide Collection Service to each
Residential, Commercial, and Multi-family Customer in the Service Area, (c)collect all of the Residential,
Commercial, and Multi-family Waste generated by each Customer in the Service Area, (d) deliver such
waste to a Designated Facility, or waste to energy plant that has been approved by the City, and(e)comply
at all times with the requirements in this Agreement.
SECTION 7: CONTRACTOR'S SPECIFIC COLLECTION
SERVICES
7.1 RESIDENTIAL COLLECTION SERVICE WITH GARBAGE CARTS
The Contractor shall provide the following Residential Collection Services to each Customer that
resides in a single family Dwelling Unit, and to each Customer that resides in a Mobile Home and
is entitled to receive Residential Collection Service with Garbage Carts:
7.1.1 The Contractor shall collect each Customer's Garbage and Rubbish at the Curbside
twice each week. The Contractor shall provide this service by using automated or
semi-automated equipment and Garbage Carts.
7.1.2 The Contractor shall collect each Customer's Recyclable Materials at the Curbside at
least once each week.The Contractor shall provide this service by using automated or
semi-automated equipment and Recycling Carts. The Contractor shall collect a
Customer's Recyclable Materials once every other week on the same day that the
Contractor collects that Customer's Garbage and Rubbish.
7.1.3 The Contractor shall collect each Customer's Yard Trash at the Curbside at least once
each week.
7.1.4 The Contractor to collect each Customer's Bulk Waste at the Curbside at least once
each week.
7.1.5 Except as otherwise provided herein and subject to the requirements, the Contractor
shall collect all of the Garbage, Rubbish, Yard Trash, Bulk Waste, and Recyclable
Materials that are Set Out by each Customer.
7.1.6 As provided for herein, the Contractor shall collect all of the Garbage and Rubbish
that is Set Out by a Customer in the Customer's Garbage Cart(s).During the first week
after a Holiday, the Contractor also shall collect all of the Garbage and Rubbish that
is Set Out by a Customer in Plastic Bags and Garbage Cans. If a Customer Sets Out
Garbage and Rubbish in Plastic Bags or Garbage Cans at other times, the Contractor
may leave the Plastic Bags and Garbage Cans at Curbside, but if the Contractor does,
the Contractor shall place a Non-Collection Notice on the Plastic Bags and Garbage
Cans, and the Contractor shall comply with Section 15.5,below.
7.1.7 The Director may make exceptions to the requirements set forth in this section in cases
where unusual circumstances exist. If such an exception is made, the Contractor and
City may agree to additional compensation if the Contractor can demonstrate that the
exception causes the Contractor to incur additional cost.
7.2 RESERVED
7.3 RESIDENTIAL COLLECTION SERVICE FOR RECYCLABLE MATERIALS
15.1 The Contractor shall collect all of the Source Separated Recyclable Materials that are Set-Out by
Customers in Recycling Carts. Source Separated Recyclable Materials include newspaper,
cardboard, paper, other similar fiber products, ferrous and nonferrous cans and beverage
containers, plastic bottles and containers (Nos. 1 through 7), glass bottles and containers. Should
the Designated Facility no longer accept any of the Recovered Materials or Recyclable Materials
covered in this Agreement, the Contractor shall inform the City and this section will be modified
upon agreement of the parties. If any Load designated as Recyclable Materials contains
contamination exceeding ten (10) percent, at the Contractor's discretion it may reject the Load or
dispose of the Load as Solid Waste.
7.4 RESIDENTIAL COLLECTION SERVICE FOR YARD TRASH
The Contractor shall collect all of the Yard Trash that is Set Out by each Customer. Yard Trash
may be Set Out at Curbside in Garbage Cans, biodegradable bags,or Plastic Bags.Yard Trash also
may be tied, bundled, or stacked in piles at Curbside. There shall be a 4YD limitation on each Set
Out of Yard Trash. If the Yard Trash is Set Out in Plastic Bags, the Contractor shall remove the
Yard Trash from the Plastic Bags at Curbside, before the Contractor places the Yard Trash in the
Contractor's Collection vehicle. The Plastic Bags shall be recycled or disposed of separately from
the Yard Trash.
7.5 RESIDENTIAL COLLECTION SERVICE FOR BULK WASTE
7.5.1 The Contractor shall provide Collection Service for Bulk Waste one time per week on
a scheduled day. Contractor shall collect the Bulk Waste as expeditiously as possible
on the Collection day. The Contractor shall require its drivers to promptly notify the
Field Supervisor whenever the drivers observe Bulk Waste on a Collection route that
is not properly Set Out, Set Out on the wrong day or otherwise not in compliance with
the terms of this Agreement.
7.5.2 If a Customer Sets Out more than ten(10)items or four(4)cubic yards of Bulk Waste
for Collection,whichever is greater,the Contractor shall collect at least four(4)cubic
yards of the Customer's Bulk Waste, but the Contractor may leave the remainder. If
the Contractor elects to leave some of the Bulk Waste, the Contractor shall place a
Non- Collection Notice on the remaining materials or on the Customer's door knob,
in accordance with Section 15, below.
7.6 RESIDENTIAL COLLECTION SERVICE FOR CONSTRUCTON AND DEMOLITION
DEBRIS
The parties acknowledge that the City has a separate agreement for collection of all construction
and demolition debris.
7.7 RESIDENTIAL COLLECTION SERVICE FOR EXCESS AND OVERSIZED
MATERIALS
This Agreement does not authorize the Contractor to collect: (a) Bulk Waste that exceeds four (4)
cubic yards or ten(10) bulk items,whichever is greater; (b)Construction and Demolition Debris;
(c)Land Clearing Debris; and (d) Yard Trash that exceeds ten (10) Plastic Bags or four(4)
cubic yard of loose tree or shrub trimmings, whichever is greater. The Contractor shall
obtain a non-exclusive franchise from the City before the Contractor collects these materials. The
non-exclusive franchise shall govern the Collection of such materials, including the billing and
collection of Contractor's fees for providing these services.
7.8 RESIDENTIAL COLLECTION SERVICE FOR HANDICAPPED CUSTOMERS
The Contractor shall provide Back Door Service to a handicapped Customer, if(a) the Customer
provides the Director with proof of their handicapped status in compliance with Section
320.0848(1)(b), Florida Statutes, (b) the Customer certifies to the Director that no able-bodied
Person resides with the Customer, and (c) the Director instructs the Contractor to provide Back
Door Service. The City shall provide Contractor the list of the approved Back Door Service
customers. The Contractor shall not charge or collect any additional fees for providing Back Door
Service in compliance with this section.
7.9 COMMERCIAL AND MULTI-FAMILY COLLECTION SERVICE
Contractor shall make collections from each Commercial and Multi-family account at least once a
week on a regularly-scheduled basis. Collection shall be made between the hours of 7:00 a.m. and
7:00 p.m.,Monday through Saturday. Contractor may provide for collections on a less frequent basis
upon written approval of the City.
Contractor shall provide the City with schedules and collections routes and shall keep such
information current at all times. Contractor shall notify each customer and the City prior to any
change in collection schedules which alter the day of collection.
The Contractor shall have on hand at all times and in good working order such equipment as shall
permit the adequate and efficient collection of all Commercial and Multi-family accounts.
Equipment shall be obtained from nationally known and recognized manufacturers of solid waste
collection and disposal equipment. The Contractor shall have available reserve equipment which
can be put into service in the event of any breakdown. Vehicles used in a collection of commercial
and multi-family accounts shall be marked with the name of the Contractor, business telephone
number and the number of the vehicle in letters not less than five (5) inches high on each side of the
vehicle.
The Contractor shall provide all receptacles, containers, or dumpsters necessary for the collection of
all commercial and multi-family accounts. The Contractor shall make arrangements with each
customer for the removal and replacement of receptacles which do not conform to Contractor's
equipment. The City shall retain ownership and control of all receptacles currently the property of
the City.
Notwithstanding any provisions contained herein to the contrary, the Contractor has agreed to, at no
cost or expense to the City, provide the City with the following services:
(1) Dumpsters in sizes to be mutually agreed upon at all City owned and operated facilities,
including but not limited to City Hall, City parks and recreational facilities, Fire Stations, Public
Works Facilities,cemetery,and the City Sewer Plant,and the removal and disposal of all solid waste
and other materials placed in such dumpsters.
(2) Temporary dumpsters in a size and frequency to be mutually agreed upon for all City
sponsored events which are open to the general public. The removal and disposal of all solid waste
and other materials placed in such dumpsters and the removal of such dumpsters promptly following
each City sponsored event.
The above services are provided to the City at no cost or expense in further consideration for the grant
of this franchise and the execution of this Agreement by the City.
Notwithstanding any provisions contained herein to the contrary, the Contractor has agreed to, at no
cost or expense; provide solid waste collection and disposal services to all religious institutions
located within the corporate limits of the City. This donated service shall include providing a two
(2) cubic yard dumpster collected once per week, with charges for additional requested services to
be the incremental cost above the donated service. For the purposes hereof, "religious institutions"
means churches and ecclesiastical or denominational organizations or established physical places of
worship at which non-profit religious services and activities are regularly conducted and carried on.
In consideration for the grant of this franchise and the execution of this Agreement by the City, the
Contractor agrees to pay to the City a franchise fee equal to TWENTY PERCENT(20%)of the fees
and charges actually collected by the Franchisee from commercial and multifamily customers for
services rendered pursuant to the franchise granted by this Agreement (the "Franchise Fee"). The
Contractor shall pay the Franchise Fee to the City on or before the tenth (10t1i) day of each month
with respect to the fees and charges actually collected by the Contractor during the previous month.
Such payment shall be transmitted on a City approved form and shall include a certification by the
Contractor of the fees and charges actually collected during the prior month and such other
information as may be required by the City. Failure of the Contractor to make timely payment to the
City of the Franchise Fee or falsification of the certification regarding fees and charges actually
collected shall constitute default by the Contractor of this Agreement. The obligation to pay the
Franchise Fees with respect to fees and charges actually collected with respect to services provided
during the term of this Agreement shall survive termination of this Agreement.
SECTION 8: HOURS AND DAYS OF CONTRACTOR'S
COLLECTION SERVICES
8.1 The Contractor shall provide Collection Service to Customers Monday through Saturday.
8.2 The Contractor shall not provide Collection Service to Customers on Sundays or Holidays, unless
the Contractor is responding to a complaint or an emergency.
8.3 The Contractor shall not provide Residential Collection Service before 7:00 a.m.or after 7:00 p.m.
8.4 If the City receives complaints about the noise or disturbance caused by the Contractor's Collection
Service at a particular location,the Director shall bring it to the attention of the Contractor.
8.5 Notwithstanding anything else contained herein,the hours and days of Collection Service may be
extended or modified when(a)such change is requested by the Contractor and approved in advance
by the Director and (b) when the Director determines that such change is necessary or otherwise
appropriate.
SECTION 9: SCHEDULES AND ROUTES FOR COLLECTION
SERVICE
9.1 SCHEDULES AND ROUTES
The Contractor shall establish Collection routes and schedules that satisfy the requirements of this
Agreement and maximize the efficiency of the Contractor's operations. The Contractor's schedule
shall identify the Scheduled Collection Day for Commercial and Multi-family Collection Service
and for Residential Garbage and Rubbish, Recyclable Materials, and Yard Trash, respectively, for
each Customer. The Contractor shall submit its proposed Collection routes and schedules to the
Director as part of the Contractor's Collection Plan. The proposed Collection routes and schedules
shall be subject to the Director's approval. After approval is granted, the Contractor shall provide
Collection Service in accordance with the approved routes and schedules in the Collection Plan.
Notwithstanding anything else contained in this Section,the Director may approve a waiver of the
requirements in this Section if the Contractor demonstrates to the Director's satisfaction that a
waiver is in the public interest.
9.2 SCHEDULED COLLECTION DAY FOR RECYCLABLE MATERIALS
The Scheduled Collection Day for the Collection of a Customer's Recyclable Materials shall be
every other Wednesday.
9.3 HOLIDAY SCHEDULES
When a Customer's Scheduled Collection Day for Garbage falls on a Holiday, the Contractor shall
collect the Customer's Garbage on the first Day after the Scheduled Collection Day.
Additionally, all of the Scheduled Collection Days shall be shifted back one Day during the first
week following a Holiday. For example, if a Holiday occurs on Monday,Customers who normally
receive Collection Service on Monday will not receive Collection Service until Tuesday,and every
other Scheduled Collection Day that week will occur one day later than normal. Under these
circumstances, Customers that normally receive Collection Service on Friday will not receive
Collection Service until Saturday. This approach also shall be used when the Contractor is
collecting other types of Residential, Commercial, and Multi-family Waste immediately after a
Holiday. Notwithstanding the foregoing, the Contractor may request the Director's approval to
follow an alternate schedule when providing Collection Service immediately before or after a
Holiday.
SECTION 10: CHANGES TO COLLECTION SCHEDULES AND
ROUTES
10.1 NO CHANGES WITHOUT DIRECTOR'S APPROVAL
Beginning six (6) months after the Commencement Date, the Contractor shall not change a
Collection route, a Collection schedule, or the method of providing Collection Service until the
Contractor receives the Director's written approval for the proposed change. The Contractor shall
submit to the Director a description of all proposed route,schedule,and operational changes at least
thirty(30)calendar days prior to the implementation of such changes.
10.2 PUBLIC NOTICE OF CHANGES
If the Director approves a change in the Contractor's schedules and/or routes, the Contractor shall
provide all affected Customers with a written notice of the change and shall comply with the
requirements in this agreement.The notice shall be delivered on at least two(2)different days and
both notices shall be delivered at least ten(10)calendar days prior to such change,unless a different
schedule for the notice is authorized by the Director.
10.3 NOTICE OF TEMPORARY DELAYS
The Contractor shall inform the Director about any event (e.g., disabled trucks, accidents, or
shortage of staff) that will cause delays exceeding two (2) hours in the Contractor's normal
Collection Schedule within two (2)hours of the event.
10.4 NO DELAYS EXCUSED FOR FLUCTUATIONS IN SOLID WASTE QUANTITIES
The quantity of Solid Waste generated in the City may fluctuate during each Agreement Year and
from year-to-year. These fluctuations will not justify or excuse a failure by the Contractor to
provide Collection Service in compliance with the approved schedules and routes. The Contractor
is responsible for the timely Collection of all of the materials that are Set Out on the scheduled
routes on the Scheduled Collection Days, subject to the conditions herein, regardless of any
fluctuations in the amount of material that is Set Out.
SECTION 11: RESERVED
SECTION 12: THE CUSTOMER LIST
12.1 The City shall prepare a Customer List, which identifies each parcel of Residential, Commercial,
and Multi-family Property that is entitled to receive Residential Collection Service from the
Contractor pursuant to this Agreement. No later than sixty (60) calendar days before the
Commencement Date,the City shall provide its preliminary Customer List to the Contractor. The
preliminary Customer List shall be based on the City's Assessment Roll, subject to any additions
or deletions deemed appropriate by the City. No later than thirty (30) calendar days after the
Commencement Date, the Contractor shall provide the Director with any additions, deletions, or
other revisions to the Customer List.
12.2 The Contractor shall have an affirmative duty to help ensure that the Customer List is accurate at
all times. The Contractor shall notify the City within five (5) Days if the Contractor begins to
provide Collection Service to a parcel of Improved Property that is not on the Customer List. The
Contractor also shall notify the City within five (5) Days if the Contractor identifies a parcel of
Improved Property that should be added to or deleted from the Customer List.
12.3 The City shall notify the Contractor promptly after a Certificate of Occupancy is issued by the City
for Residential, Commercial, or Multi-family Property in the Service Area. After receiving this
notification,the Contractor shall provide Collection Service to such property on the next Scheduled
Collection Day, except as otherwise provided herein.
12.4 The City shall notify the Contractor if the City wants the Contractor to terminate its Collection
Service to a parcel of Improved Property. The Contractor shall terminate its Collection Service
immediately after receiving the City's notice.
12.5 The City shall provide the Contractor with an updated Customer List on or before the twenty-fifth
(25th)day of each month.
SECTION 13: PROPER COLLECTION PROCEDURES FOR
CONTRACTOR
13.1 Contractor shall thoroughly empty Collection Containers and return them in an upright position to
the location where they were placed by the Customer. After the Contractor empties a Collection
Container that has a lid, the Contractor shall place the lid back on top of the Collection Container
and close it securely. This requirement applies to the lids on all Garbage Cans, Garbage Carts and
Recycling Carts.
13.2 Contractor shall handle Collection Containers carefully and in a manner to prevent damage.
Garbage Cans, Garbage Carts, Recycling Containers, and their respective lids shall not be tossed
or thrown by the Contractor.
13.3 The Contractor shall provide Collection Service with as little noise and disturbance as possible.
13.4 The Contractor shall be responsible for the proper handling of the White Goods and Electronic
Equipment that the Contractor collects.The Contractor shall take appropriate steps to minimize the
release of Freon, coolants, and other similar materials from the White Goods. Excessive amounts
of White Goods and Electronic Equipment will not be accepted. Only such materials generated
from the Residential unit will be collected.
SECTION 14: RESTRICTIONS ON COLLECTION OF MIXED
LOADS
14.1 During the Collection process, Garbage and Rubbish may be combined by the Contractor.
14.2 During the Collection process, each one of the following materials shall be handled separately by
the Contractor, and the Contractor shall not combine them with any other type of material: Source
Separated Recyclable Materials,Yard Trash,Electronic Equipment,and other types of Bulk Waste.
If necessary,with the agreement of the Contractor,the Director may designate other materials that
shall be handled separately under this Agreement.However,the Contractor shall have no obligation
to separate any of these materials if the Customer placed them in a Collection Container with
Garbage or other types of Solid Waste.
14.3 During the Collection process,the Contractor shall not combine Residential Waste collected in the
Service Area with Solid Waste or other materials collected outside of the Service Area.
14.4 During the Collection process,the Contractor shall not combine Residential Waste collected in the
Service Area with Commercial Waste or any other material.
14.5 Notwithstanding the foregoing, the City Manager may grant relief from all of the restrictions in
this Section 14, and thus allow the Contractor to combine different types of Solid Waste and
Recyclable Materials,if the City Manager determines that this practice will be in the public interest.
In such cases, the Contractor shall file a petition with the City Manager, describing the specific
procedures that will be established to properly account and pay for the management of the mixed
materials. The City Manager may grant or deny the petition, in his or her sole discretion.
SECTION 15: NON-COLLECTION PROCEDURES
15.2 The Contractor shall place a Non-Collection Notice on a Customer's Collection Container if the
Contractor decides that the Contractor will not collect the Customer's waste because the waste was
not Set Out in compliance with the applicable requirements.If the Contractor does not place a Non-
Collection Notice on the Customer's Collection Container or waste, the Director may require the
Contractor to return to the Customer's Premises promptly and collect the waste. If the Director
notifies the Contractor in writing, either by text or by email, before 12 p.m. (noon), the Collection
shall be completed before the end of the day. If the Director notifies the Contractor after noon,the
Collection shall be completed before noon on the next day.
15.3 The Contractor may leave Non-Conforming Material and excessively contaminated Recyclable
Materials in the Recycling Container, and if the Contractor does,the Contractor shall immediately
place a Non-Collection Notice on the container, explaining why the material was not collected. If
Recyclable Material contains contamination exceeding ten (10) percent, at the Contractor's
discretion it may reject the Recyclable Material or dispose of the Recyclable Material as Solid
Waste.
15.4 The Contractor shall not collect Residential Waste from a Customer if the Contractor believes the
Residential Waste contains Hazardous, Radioactive, or Biomedical Waste. In such cases, the
Contractor shall place a Non-Collection Notice on the Collection Container, take photographs of
the improper waste (if possible), and immediately notify the Field Supervisor. If the generator of
such waste is unknown, the Contractor shall work with the Director to identify the generator and
identify an appropriate method to remove and dispose of the waste in a lawful manner.
15.5 If a Collection Container is temporarily inaccessible, the Contractor shall provide Collection
Service later the same day,whenever feasible.If it is not feasible,the Contractor shall leave a Non-
Collection Notice and provide Collection Service on the next day.
15.6 If the Contractor leaves Residential Waste at the Curbside because a Customer places such waste
outside of a Garbage Cart more frequently than is allowed by Section 7.1.6 of this Agreement,the
Contractor's Non-Collection Notice to the Customer shall be supplemented with educational
materials concerning Recycling. If a Customer routinely places Residential Waste outside of their
Garbage Cart,the Contractor shall notify the Director,who shall determine whether the Customer
needs to purchase an additional Garbage Cart.
15.7 The design and content of the Non-Collection Notices shall be developed by the Contractor, but
shall be subject to the approval of the Director. At a minimum, the Non-Collection Notices shall
contain the following information: the issuance date; the Contractor's reason for not providing
Collection Service; information advising the Customer how to correct the problem; and the
telephone number to call if the Customer has any questions for the Contractor.
SECTION 16: PROCEDURES FOR MISSED COLLECTIONS
If the Director or a Customer notifies the Contractor in writing by email or text,about a Missed Collection,
the Contractor shall promptly return to the Customer's Premises and collect all of the Residential Waste
that has been Set Out for Collection. If the Contractor is notified as above before 12 p.m. (noon), the
Collection shall be completed before the end of that day. If the Contractor is notified after noon, the
Collection shall be completed before noon on the next day.
SECTION 17: PROTECTION OF PRIVATE AND PUBLIC
PROPERTY
17.1 The Contractor's employees shall not trespass on private property, except and only to the extent
necessary to provide Collection Service in compliance with this Agreement and with the instruction
by the City for Back Door Service. The Contractor's employees shall follow the sidewalk for
pedestrians and shall not cross a Customer's property to an adjoining property,unless the occupants
or owners of both properties have given permission. The Contractor's employees shall not loiter on
or meddle with any property of any other Person.
17.2 The Contractor's employees shall not damage any public or private property, including but not
limited to roads, driveways, sidewalks, utilities, trees, flowers, shrubs, grass, and Collection
Containers.
17.3 The Contractor shall use commercially reasonable efforts to not damage trees in the City. Among
other things, the Contractor shall not drive large vehicles on narrow streets, or drive tall vehicles
under overhanging limbs, where the vehicles will break or damage the tree limbs. The Contractor
also shall not damage tree trunks or roots when collecting Yard Trash or other materials. If notified
by Contractor of overgrown trees,the City shall promptly address the condition so that service can
be provided.
17.4 The Contractor shall promptly restore the soil and grade at any location where the Contractor's
Collection of Yard Trash or other material creates a depression that is six(6) inches or more below
the surrounding grade (e.g., Collection of Yard Trash with a —clawll truck or clamshell bucket).
The Contractor shall fill such depressions and restore the grade to match the surrounding area.
17.5 Unless the condition was the result of the same created by the Customer, the Contractor shall be
solely responsible for all damages, costs, and liabilities associated with the repair, restoration, or
replacement of any property that has been damaged by the Contractor's equipment, employees, or
agents. The City and the Customer have the obligation to provide a suitable surface for the
collection. Except in the case of the Contractor's negligence or willful misconduct, Contractor
shall not be responsible for any damages to pavement, curbing, or other driving surfaces resulting
from the weight of its trucks and equipment.The Contractor shall promptly investigate and respond
to any claim concerning property damage. If the Director or a Customer notifies the Contractor
before 12 p.m. (noon) concerning any such damage, the Contractor shall investigate and respond
to the Director and Customer before the end of that day. If the Director or a Customer notifies the
Contractor after noon, the Contractor shall investigate and respond to the Director and Customer
before noon on the next Day. The Contractor shall promptly repair any damage within three (3)
Days, unless the Contractor requests and the Director grants approval of an extension of time. The
City's approval shall not be unreasonably withheld. Any disputes concerning the Contractor's
obligations for the repair of property damages shall be resolved by the Director. In all cases, the
Contractor shall be required to restore the public or private property to a condition that is at least
equal to the condition that existed before the damage occurred.
SECTION 18: CONTRACTOR'S ACCESS TO STREETS AND
COLLECTION CONTAINERS
18.1 Except as otherwise provided herein,the Contractor shall have the right to use the public roadways
in the City.
18.2 The Contractor shall use suitable vehicles and equipment, as necessary, to provide Collection
Service on narrow and dead-end streets, unpaved streets, private roads, and other areas where
access is limited.
18.3 The Contractor's vehicles shall not enter or drive upon any private driveways or Improved Property,
to turn around or for any other purpose,unless the Contractor has received the owner's prior written
permission to do so.
18.4 Contractor's vehicles shall not unreasonably interfere with vehicular or pedestrian traffic.
Contractor's vehicles shall not be left standing on streets and alleys unattended.
18.5 The City reserves the right to deny the Contractor's vehicles access to certain streets,alleys,bridges
and roadways when the City is repairing such areas or the City otherwise determines it is in the
public's best interest. The City shall provide the Contractor with reasonable notice of such denial
so that the City's action does not unduly interfere with the Contractor's normal operations.
18.6 If the Contractor cannot provide Collection Service to a Customer because a public or private street
is temporarily closed to vehicular traffic, the Contractor shall return no later than the next Day to
provide service to the Customer. If the street is still closed at that time, Contractor shall provide
Collection Service to the Customer on the next Scheduled Collection Day.
18.7 If access to a street, alley, bridge, or public or private roadway becomes impassable or if access is
denied for any reason, the Contractor shall work with the Customer to determine a mutually
acceptable location for the Collection of the Customer's Waste. If a mutual agreement cannot be
reached, the Contractor shall provide Collection Service from the nearest public roadway that is
accessible by the Contractor's Collection vehicle, or another location specified by the Director.
18.8 If the Contractor encounters a Customer or situation (e.g., dogs; narrow streets; electrical wires)
that prevents the Contractor from gaining the access needed to provide the Collection Service
required in this Agreement, and the Contractor is unable to resolve the issue with the Customer,
then the Contractor shall report the problem to the Director and the Director shall resolve the
problem. The Director may require the Contractor or the Customer to take such action as the
Director deems necessary and appropriate.
SECTION 19: INTENTIONALLY DELETED
SECTION 20: SPILLAGE AND LITTER BY CONTRACTOR
20.1 Contractor shall not cause or allow any Solid Waste, liquid,or other material to be spilled,released,
or otherwise dispersed in the City as a result of the Contractor's activities.
20.2 Contractor shall immediately pick up any spillage from Collection Containers that is caused by the
Contractor.
20.3 When hauling or transporting any material over public roads in the City,the Contractor shall use a
covered or enclosed vehicle or other device to prevent the material from falling, blowing, or
escaping from the vehicle. If Solid Waste or any other material escapes from or is scattered by
Contractor's vehicle for any reason, Contractor shall immediately pick up such material.
Notwithstanding anything herein to the contrary, if the vehicle was purchased from the City by the
Contractor.
20.4 Contractor's vehicles shall not release or cause litter in violation of the Florida Litter Law(Section
403.413, Florida Statutes) or the Ordinances. If litter is released or falls from Contractor's vehicle
for any reason,the Contractor shall immediately stop the vehicle and retrieve the litter.
20.5 The Contractor shall immediately clean up any oil, hydraulic fluid, or other liquid that leaks or
spills from Contractor's vehicles. The Contractor also shall repair any associated damage.
20.6 If the Director or a Customer notifies the Contractor before 12 p.m. (noon)that the Contractor has
caused litter, or caused a leak or spill of Solid Waste, oil, hydraulic fluid, or other liquids or
materials, the Contractor shall clean-up the liquids and materials before the end of the day. If the
Director or a Customer notifies the Contractor after noon, the Contractor shall clean-up the liquid
or material before noon on the next Day.
SECTION 21: EXEMPT WASTES
The following types of Exempt Waste are not subject to the Contractor's exclusive franchise under
this Agreement. These Exempt Wastes may be collected and taken to a licensed disposal site or
Materials Recovery Facility by the owner or occupant of the Improved Property where the Exempt
Waste is generated, or by their agent, at the owner's or occupant's expense.
21.1 Construction and Demolition Debris.
21.2 Rubbish, Yard Trash, and Bulk Waste generated by a builder, building contractor, privately
employed handyman service, Commercial Lawn Care Company, or plant nursery.
21.3 Recovered Materials.
21.4 Solid Waste and Source Separated Recyclable Materials generated on Commercial Property.
21.5 Any Source Separated Recyclable Material that is not recycled at the Materials Recovery Facility
used by the Contractor.
21.6 Solid Waste and by-products from an industrial process.
21.7 Liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial,
mining, agricultural, or governmental operations.
21.8 Trash and debris associated with farming operations.
21.9 Wrecked, scrapped,ruined or dismantled motor vehicles or motor vehicle parts, including used oil,
Tires (except as otherwise provided herein), and lead-acid batteries.
21.10 Boats, boat motors, and boat trailers.
21.11 Disaster Debris.
21.12 Hazardous, Biomedical, Radioactive, and Extraordinary Waste.
21.13 Sludge.
21.14 Materials and wastes similar to those listed above, when designated by the Director.
SECTION 22: THE CONTRACTOR'S SAFETY PROGRAM
22.1 The Contractor shall develop, implement and maintain a written safety plan for all of its operations
under this Agreement. The safety plan shall comply with the requirements in OSHA and similar
Applicable Laws. A written copy and an electronic copy of the safety plan shall be provided to the
Director for informational purposes. The City's receipt of the safety plan shall not constitute the
City's approval of the plan or the City's acquiescence concerning the appropriateness of such plan.
The Contractor shall comply with its safety plan at all times.
22.2 The Contractor shall appoint an employee who is qualified and authorized, as defined by OSHA,
to supervise and enforce safety compliance.
22.3 The Contractor shall provide routine safety training to all of its employees, in compliance with
OSHA and all Applicable Laws. Refresher courses and supplemental training shall be provided as
necessary.Documentation of the Contractor's training programs,and the successful training of each
employee, shall be maintained on file and shall be provided to the Director upon request.
22.4 The Contractor shall follow all OSHA regulations and Applicable Laws regarding personal
protective equipment.
22.5 The Contractor's employees shall be trained and instructed to drive in a safe, defensive manner.
Among other things,the drivers of the Contractor's Collection vehicles shall be instructed that they
shall not text or talk on their telephones while they are driving a Collection vehicle that is moving.
22.6 A written procedure shall be established for the immediate removal to a hospital or a doctor's care
of any employee or other Person that is injured and requires medical assistance.
22.7 Contractor shall regularly update its safety plan to reflect any changes in Contractor's operations.
The Contractor shall deliver an updated safety plan to the Director with the Contractor's annual
report, pursuant to Section 34,below.
SECTION 23: THE CONTRACTOR'S COLLECTION PLAN
23.1 The Contractor shall prepare a Collection Plan that describes in detail how the Contractor will
provide Collection Service in compliance with the requirements in this Agreement.At a minimum,
the Collection Plan shall identify and describe the vehicles, equipment, personnel, routes, and
schedules the Contractor will use for each type of Collection Service. The Collection Plan shall
include a legible map for each Collection route, identifying the Days when Collection Service will
be provided, the starting and ending points for the route, and the type of Collection Service that
will be provided on the route on each Scheduled Collection Day.
23.2 The Collection Plan shall identify each Designated Facility that will receive the materials collected
by the Contractor pursuant to this Agreement.
23.3 The Collection Plan shall identify the procedures that will be used by the Contractor to ensure that
the City does not pay for the Collection, disposal, or Recycling of Solid Waste or other materials
that the Contractor collects from a Person who is not a Customer (e.g., a Person that generates
Commercial Waste or resides outside of the Service Area).Among other things,the Collection Plan
shall identify the procedures that will be used by the Contractor to ensure that each Designated
Facility is fully informed whenever the Contractor delivers Solid Waste or other material for which
the Contractor, rather than the City, must pay the applicable Tipping Fee.
23.4 The Collection Plan shall include the manufacturer's specification sheets for the Collection
Containers provided by the Contractor under this Agreement.
23.5 The Collection Plan shall describe the procedures that will be followed by the Contractor to
determine whether a Customer is placing Garbage and Rubbish outside of the Customer's Garbage
Cart more frequently than is allowed pursuant to Section 7.1,above.
23.6 The Collection Plan shall describe the procedures that will be followed by the Contractor to ensure
the City is promptly notified about each Customer using more than one Garbage Cart for the
disposal of Solid Waste. At a minimum, the Contractor shall provide the Director with the name,
address,and telephone number of any Customer that purchases a Garbage Cart from the Contractor
pursuant to Section 39.7, below. The Contractor also shall require its drivers to notify the Field
Supervisor promptly, and the Contractor shall notify the Director within three (3)Days, if a driver
sees more than one Garbage Cart at a Customer's Premises.
23.7 An updated Collection Plan shall be submitted to the Director whenever the Contractor proposes
changes to the Collection Plan.
23.8 The Collection Plan and all revisions to the plan are subject to the Director's prior written approval.
SECTION 24: OWNERSHIP OF ALL SOLID WASTE
AND RECYCLABLE MATERIALS
Solid Waste belongs to the Person generating such waste, until it is discarded by that Person (i.e., the
generator) and collected by the Contractor. When the Contractor collects Residential Waste on behalf of
the City, title to the Residential Waste shall pass to the City. Nonetheless, the Contractor shall be solely
responsible and liable for the proper handling and lawful management of the Residential Waste until it is
delivered to and accepted by a Solid Waste Management Facility. Upon acceptance,title to the Residential
Waste shall pass to the owner and operator of such facility.
Source Separated Recyclable Materials shall belong to the generator until they are discarded by the
generator and collected by the Contractor. When the Contractor collects the Source Separated Recyclable
Materials on behalf of the City,title to such materials shall pass to the Contractor. The Contractor shall be
solely responsible and liable for the proper handling and lawful management of the Source Separated
Recyclable Materials, until they are accepted at a Materials Recovery Facility for Recycling.
SECTION 25: RESERVED
SECTION 26: SET OUT PROCEDURES FOR RESIDENTIAL
CUSTOMERS
The procedures and requirements established in this Section 26 shall be followed by the Contractor's
Customers. However, the Contractor shall collect a Customer's Solid Waste, even if the Customer fails to
comply with one or more of the requirements in this Section 26, unless(a)the Director concurs in advance
that the Contractor does not need to provide Collection Service to the Customer or(b)the Contractor places
a Non-Collection Notice on the Customer's Collection Container and complies with the requirements in
Section 15,above.The requirements in the City's Ordinances, including but not limited to Article I,Chapter
143, City of Ocoee Code of Ordinances, shall supplement the requirements contained herein.
26.1 Garbage and other putrescible waste shall not be collected,stored,or Set Out in an open,uncovered
box, bag, or Collection Container.
26.2 Source Separated Recyclable Materials shall be Set Out in a Recycling Container. Source Separated
Recyclable Materials shall not be placed in the same Collection Container with Solid Waste.
26.3 Source Separated Recyclable Materials shall not be Set Out in a Plastic Bag.
26.4 Customers shall not overfill a Collection Container. The lid on a Collection Container shall be
closed securely.
26.5 A Customer shall not place their Solid Waste in another Person's Collection Container,unless they
have received prior approval to do.
26.6 A Customer shall only Set Out for Collection the Solid Waste that the Customer generated. A
Customer shall not Set Out for Collection any Solid Waste that was generated by another Person.
26.7 A Customer's Solid Waste shall be Set Out for Collection on the Premises where the Solid Waste
was generated.
26.8 Subject to the other limitations contained herein,a Customer may Set Out the Rubbish,Yard Trash,
and Bulk Waste that was generated by a builder,building contractor,privately employed handyman
service,Commercial Lawn Care Company,or plant nursery on the Customer's Residential Property
while such Person was working for the Customer, but a Customer shall not Set Out such materials
if they were generated on any other property, even if the other property is owned by the Customer.
26.9 A Customer shall not Set Out Solid Waste for Collection on property that is not owned or occupied
by the Customer, unless the Customer has received the prior approval of the owner or occupant of
such property.
26.10 Garbage Cans may be used to Set Out Yard Trash.
26.11 Garbage Carts and Recycling Carts shall not be loaded in excess of seventy-five(75)pounds or the
cart's rated capacity(as shown on the lid of the cart), whichever is less. Garbage Cans shall not be
loaded with more than fifty(50)pounds of material.
26.12 Plastic Bags shall not be loaded in excess of fifty(50)pounds or their rated capacity,whichever is
less.
26.13 If the Customer and Contractor cannot agree upon an appropriate location to Set Out a Collection
Container or non-containerized waste,the Director shall mediate the dispute and designate the point
of Collection.
26.14 When necessary to carry out the purpose and intent of this Agreement,the Director may authorize
the placement of a Collection Container off of the Customer's Premises. However, public rights-
of-way may be used only in circumstances where the placement of the Collection Container will
not interfere with or obstruct the primary purpose of the right-of-way.
26.15 Each Customer shall Set Out their Garbage and Rubbish in a Garbage Cart. However, if a
Customer's Garbage Cart is full during the week immediately following a Holiday, the Customer
may place Plastic Bags or Garbage Cans of excess waste next to their Garbage Cart, subject to the
limitations in Section 7.1.6, above. If a Customer places waste outside of their Garbage Cart at
other times, the Director may require the Customer to purchase another Garbage Cart and pay
additional disposal fees.
26.16 Any Garbage Can used by a Customer shall: be constructed and maintained so as to prevent
intrusion by water and animals;have a cover or lid that is free from sharp edges;and not have inside
structures or obstructions that prevent the free discharge of the container's contents.
26.17 Customers are encouraged but not required to place Yard Trash in a Garbage Can. Leaves, twigs,
and other small pieces of Yard Trash should be placed in a biodegradable bag or Plastic Bag. A
Customer may, but is not required, to tie Yard Trash in a bundle. If Yard Trash is not placed in a
Collection Container, it shall be stacked neatly in a pile at Curbside.
26.18 Yard Trash that is Set Out for Collection at Curbside shall not exceed ten (10) biodegradable or
Plastic Bags or four(4)cubic yards of loose tree or shrub trimmings per Yard Trash pick up.
26.19 Each Customer shall place their Garbage,Rubbish,Yard Trash,Bulk Waste,and Source Separated
Recyclable Materials at the Curbside prior to 6:00 a.m.on the Scheduled Collection Day(s)for such
materials.
26.20 Any carpet Set Out for Collection at Curbside shall be rolled and tied or otherwise bound. Carpet
that is Set Out for Collection shall not weigh more than fifty(50)pounds.
SECTION 27: COLLECTION CONTAINERS
27.1 PURCHASE AND OWNERSHIP OF CONTAINERS FOR RESIDENTIAL CUSTOMERS
27.1.1 Garbage Cans,Plastic Bags,and Biodegradable Bags—Each Customer shall purchase
and provide the Garbage Cans, Plastic Bags, and biodegradable bags, if any, that the
Customer uses. Garbage Cans shall remain the property of the Customer. Solid Waste
and Recycling are required to be in the Carts provided by the City and the Contractor.
27.1.2 Recycling Bins — Recycling Bins previously were purchased and distributed to the
Customers in the Service Area. These Recycling Bins are and shall remain the
property of the City.
27.1.3 Garbage Carts and Recycling Carts—The Contractor shall purchase and assemble all
of the Garbage Carts and Recycling Carts that the Contractor provides under this
Agreement.
27.2 MAINTENANCE AND REPAIR OF CONTAINERS FOR RESIDENTIAL CUSTOMERS
27.2.1 Garbage Cans — Each Customer shall be responsible for cleaning, maintaining, and
repairing their Garbage Can (if any). Garbage Cans shall be maintained in good
condition and shall be free from sharp edges or other hindrances to efficient Collection
Services.
27.2.2 Recycling Bins — Each Customer shall be responsible for cleaning their Recycling
Bins and maintaining them in a sanitary condition.
27.2.3 Garbage Carts and Recycling Carts—Each Customer shall be responsible for cleaning
their Garbage Cart(s) and Recycling Cart(s), and maintaining the carts in a sanitary
condition.
The Contractor shall procure, and maintain at all times, an adequate supply of spare
parts(e.g., wheels, lids)for the Garbage Carts and Recycling Carts it provides for use
in the Service Area. The Contractor shall be responsible for maintaining such carts in
good working condition. The Contractor shall repair or replace a Garbage Cart or
Recycling Cart(a)promptly if the Contractor observes that the cart is defective or(b)
within three(3)Days after the Contractor is informed by the Customer or the Director
that the Cart needs to be repaired. Contractor shall not be responsible for damaged
carts caused by the Customer. In such case, the Contractor may assess the Customer
the fees for carts and delivery as permitted herein.
The Contractor shall clean and repair, as necessary, all Garbage Carts and Recycling
Carts that the Contractor receives as a result of exchanges pursuant to the language
herein.
27.3 STORAGE,DISTRIBUTION AND REPLACEMENT OF CONTAINERS FOR
RESIDENTIAL CUSTOMERS
27.3.1 Garbage Cans — Each Customer shall be responsible for storing and replacing their
own Garbage Cans(if any).
27.3.2 Recycling Bins — Each Customer shall be responsible for storing and replacing, if
necessary,their Recycling Bin(s).
27.3.3 Garbage Carts and Recycling Carts — The Contractor shall be responsible for
purchasing, storing, assembling, and distributing new and replacement Garbage Carts
and Recycling Carts to those Customers that use them pursuant to this Agreement.
For such Customers, the Contractor shall deliver the carts within three
(3) Days after the carts are requested by the Director or Customer. The Contractor
shall be responsible for procuring, maintaining at all times, and storing an adequate
supply of Garbage Carts and Recycling Carts for distribution. The Contractor shall
keep Garbage Carts and Recycling Carts in the Contractor's office in Orange County,
Florida and shall provide them to Customers, upon request,if the Customer is entitled
to receive a new cart pursuant to this Agreement. Contractor shall not be responsible
for damaged carts caused by the Customer. In such case, the Contractor may assess
the Customer the fees for carts and delivery as permitted herein.
27.3.4 Collection Containers Damaged by Contractor—The Contractor shall repair or replace
a Customer's Collection Container within three (3) Days after being notified by the
Director that the Customer's Collection Container was damaged by the Contractor.
Any replacement shall be similar in style, material, quality, and capacity to the
Customer's original container.
27.4 TECHNICAL SPECIFICATIONS FOR COLLECTION CONTAINERS FOR
RESIDENTIAL CUSTOMERS
27.4.1 Garbage Carts and Recycling Carts—The Garbage Carts and Recycling Carts provided
by the Contractor shall comply with the size, color, and technical specifications
established by the Director. In general, the carts shall: (a) have a nominal rated
capacity of ninety-six (96) gallons, as applicable; (b) be hot-stamped or labeled in
accordance with the specifications provided by the Director; and (c) be compatible
with the hydraulic lifting and dumping mechanism mounted on the Contractor's
Collection vehicles Each cart shall have a flat area on the top (outside) of the lid,
which shall be at least eight(8) inches by sixteen (16) inches in size and suitable for
the placement of informative stickers or decals. Recycling Carts shall be uniform with
regard to color, volumetric capacity, dimensions, finished surfaces, and hot
stamping/labeling. Garbage Carts also shall have uniform specifications, but the
Director's specifications for Garbage Carts may be different than the specifications
for Recycling Carts.The bodies of the Garbage Carts and Recycling Carts shall be the
same color; however, the color of and the label on the lids of the Garbage Carts shall
be different than the color of and the label on the lids of the Recycling Carts. Each
cart shall be constructed to prevent the intrusion of water and animals, with covers
that are free from sharp edges, and without any inside structures that prevent the
discharge of its contents. The Contractor shall replace the labels on its Collection
Containers on an as-needed basis, subject to the Director's approval.
27.4.2 Other Requirements —Upon the Director's request, the Contractor shall provide the
Director with the manufacturer's specification sheets for new Recycling Carts,
Garbage Carts, and Mechanical Containers before the Contractor orders the new
Collection Containers from the manufacturer. At a minimum,the specification sheets
shall address the following items, if applicable:
• Company of manufacture
• Material of manufacture, including pre-consumer and post-consumer recycled
content
• Molding technology
• Standards of design (e.g., American National Standards Institute)
•UV stabilization certification
• Load rating
• Design standards for lid, handles, lifting, bottom,wheels, axle, and fasteners
• Interior and exterior finish surfaces
• Color
• Volumetric Capacity
•Nestability
• Identification and Marking
• Manufacturer's warranty
27.4.3 Minimum Warranty—Each Recycling Cart and Garbage Cart shall be protected by a
manufacturer's warranty of at least ten(10)years duration.
27.4.4 Cart Specifications — The Garbage Carts and Recycling Carts provided by the
Contractor pursuant to this Agreement shall, at a minimum, comply with all of the
specifications set forth herein unless the City waives a requirement in writing.
27.5 TECHNICAL SPECIFICATIONS FOR COLLECTION CONTAINERS FOR
COMMERCIAL AND MULTI-FAMILY ACCOUNTS
The Contractor shall provide all receptacles, containers, or dumpsters necessary for the collection of
all commercial and multi-family accounts. The Contractor shall make arrangements with each
customer for the removal and replacement of receptacles which do not conform to Contractor's
equipment. The City shall retain ownership and control of all receptacles currently the property of
the City.
SECTION 28: CONTRACTOR'S VEHICLES AND
COLLECTION EQUIPMENT
28.1 GENERAL REQUIREMENTS FOR CONTRACTOR'S VEHICLES AND COLLECTION
EQUIPMENT
Except for vehicles purchased by the Contractor from the City:
28.1.1 The Contractor shall purchase and/or lease,and maintain and repair,all of the vehicles
and equipment necessary to maintain its approved Collection schedules, and to
promptly and efficiently comply with the requirements in this Agreement. The
Contractor's vehicles and equipment shall be compatible (in size and weight) with,
and appropriate for,the areas where such vehicles and equipment are utilized.
28.1.2 Contractor's Collection vehicles and equipment shall be a standard product of a
reputable manufacturer so that continuing service,and the supply and delivery of spare
parts, may be ensured. Replacement parts do not need to be a product of the same
manufacturer as the original.
28.1.3 All of Contractor's Collection vehicles shall have waterproof seals and shall be
watertight to a depth sufficient to prevent the discharge or leaking of liquids that have
accumulated in the vehicle's cargo area during loading and transport operations.
28.1.4 Each Collection vehicle shall fully enclose the Contractor's Load, except for vehicles
and open-top containers used to collect Bulk Waste or Electronic Equipment. A
Collection vehicle used for the Collection of Garbage, Rubbish, Yard Trash, or
Recyclable Materials shall have a fully enclosed metal top, a tarpaulin, or a net cover
with mesh openings not greater than one and one-half(1'/2) inches in size. The top,
tarpaulin,or cover shall be kept in good working condition and shall be free from tears
and holes. The Contractor shall use the cover and shall fully enclose the Contractor's
Load at all times when the vehicle's speed exceeds 20 miles per hour and at other
times when necessary to prevent the Contractor's Load from blowing out of the
vehicle.
28.1.5 All Collection vehicles shall be painted a uniform color.
28.1.6 Advertising shall not be allowed on the Contractor's vehicles, Collection Containers,
or equipment used to provide Collection Service in the City.
28.2 GPS AND ANCILLARY EQUIPMENT IN CONTRACTOR'S VEHICLES
28.2.1 All vehicles used to provide Collection Services under this Agreement shall be
equipped at all times with: (a)all safety equipment required by Applicable Laws; (b)
a fire extinguisher; (c)a shovel and broom; (d)a spill response kit; and (e)an audible
back-up warning device. The spill response kit shall be suitable and adequate for
cleaning up any leaks or spills of oil,hydraulic fluid,or other liquids from Contractor's
Collection vehicles.
28.2.2 All vehicles used to provide Collection Services under this Agreement shall be
equipped with a two-way radio,cellular telephone,or other equipment appropriate for
communications between the vehicle operator, the Field Supervisor, and the General
Manager.The proposed communications system is subject to approval by the Director.
28.2.3 The Contractor's Collection vehicles shall be equipped with Global Positioning
Systems("GPS")that allow the Contractor to monitor the vehicles' location from the
Contractor's offices while the vehicles are providing Collection Services pursuant to
this Agreement. The Contractor shall provide the GPS software to the City, and shall
assist the City with the installation of such software, so that the Director can use the
software to determine the current location of each Collection vehicle from the City's
offices. Upon request, the Contractor shall provide its GPS logs and records to the
Director.
28.3 RESERVE VEHICLES AND EQUIPMENT
28.3.1 The Contractor shall have sufficient reserve vehicles and equipment available to
complete daily Collection routes according to the schedules established pursuant to
this Agreement. The use of reserve vehicles and equipment shall include, but not be
limited to occasions when front-line vehicles and equipment are out of service, or
when delays will prevent front-line vehicles and equipment from completing their
Collection route(s)within the established hours of Collection.
28.3.2 The reserve vehicles and equipment shall be ready to go into service within two (2)
hours of any breakdown or delay experienced by a front-line vehicle. The reserve
vehicles and equipment shall be similar in size and capacity to the vehicles and
equipment being replaced.
28.4 MAINTENANCE AND CLEANING
28.4.1 The Contractor shall keep all Collection vehicles, Mechanical Containers, and
equipment cleaned and painted to present a pleasing appearance at all times. All
Collection vehicles and Mechanical Containers used primarily for the Collection of
Garbage shall be washed thoroughly and sanitized with a suitable disinfectant and
deodorant at least once each week, unless the Director approves an alternate cleaning
schedule. Other Collection vehicles and Mechanical Containers shall be cleaned and
washed, as necessary,to minimize the potential for odors and nuisance conditions.
28.4.2 The Contractor's Collection Plan shall include a schedule for cleaning, painting and
maintaining each Collection vehicle and Mechanical Container. At a minimum, the
Contractor shall maintain each Collection vehicle and Mechanical Container in
compliance with the manufacturer's recommendations.
28.4.3 The Contractor shall monitor, maintain and repair its Collection vehicles and
equipment to prevent fuel, lubricants, and other liquids from leaking or spilling. Oil
and hydraulic systems, and waterproof seals and enclosures, on the Contractor's
vehicles and equipment shall be kept in good repair at all times to prevent leaks and
spills.
28.5 IDENTIFICATION OF CONTRACTOR'S VEHICLES AND EQUIPMENT
28.5.1 The Contractor's name and telephone number shall be displayed at all times, in letters
at least four(4) inches high, on the driver's side and the passenger's side of each one
of the Contractor's Collection vehicles. Truck identification numbers shall be
displayed at all times, in letters at least four(4) inches high, on all four(4) sides of all
Collection vehicles.
28.5.2 Upon the Director's reasonable request, at no cost to the Contractor,the Contractor's
vehicles shall display information promoting the City's Solid Waste or Recycling
programs. The information displayed on the Contractor's vehicles shall be subject to
the approval of the Director and the Contractor, which approval shall not be
unreasonably withheld.
28.5.3 The Contractor shall label each one of its Mechanical Containers with the Contractor's
name and telephone number, and the identification number for the Mechanical
Container. The labels shall be comprised of letters and numbers that are at least four
(4)inches high.The labels shall be placed on at least two(2)sides of each Mechanical
Container. At least one label must be readily visible when the Mechanical Container
is placed at the City's site.
28.6 COMPLIANCE WITH THE LAW APPLICABLE TO VEHICLES
28.6.1 At all times,the Contractor and its employees shall operate and maintain all Collection
vehicles and equipment in compliance with all Applicable Laws.
28.6.2 At all times,the Contractor shall maintain all necessary licenses and registrations,and
shall timely pay all fees and taxes, on all vehicles and equipment, as required under
Applicable Laws.
28.6.3 All equipment shall be operated in compliance with the Florida Uniform Traffic
Control Law, Chapter 316, Florida Statutes, and the Ordinance.
28.7 CITY'S RIGHT TO INSPECT CONTRACTOR'S VEHICLES AND EQUIPMENT
28.7.1 The Director may inspect the Contractor's vehicles, equipment, licenses, and
registrations at any reasonable time, and upon reasonable notice. The City reserves
the right to inspect each Collection vehicle,each day,prior to its use in the City. Such
inspections shall not delay or interfere with the collection or operations of the
Contractor.
28.7.2 The Director shall have the authority to require the Contractor to immediately remove
from service any Collection vehicle or equipment that is leaking or spilling fluids,
Solid Waste, or Recyclable Materials. The Director also may require any Collection
vehicle, Collection Container, or other equipment to be cleaned, washed, painted,
repaired, or maintained immediately. In such cases,the Contractor shall comply with
the Director's request within one (1) Day or the Contractor shall take the vehicle,
container, or equipment out of service until the requested work can be completed.
28.8 LOCAL STORAGE AND REPAIR OF CONTRACTOR'S VEHICLES
The Contractor shall provide a storage yard, garage, and maintenance facility that enables all-
weather, year-round maintenance operations for the vehicles and equipment used pursuant to this
Agreement. The storage yard, garage, and maintenance facility shall be located in or within fifty
(50)miles of the Service Area. The Contractor shall not use City property to store,wash,repair,or
maintain any vehicles or equipment.
SECTION 29: CONTRACTOR'S PERSONNEL
29.1 GENERAL REQUIREMENTS
The Contractor shall use competent, qualified, sober personnel to provide the services required by
this Agreement. The Contractor shall devote sufficient personnel, time and attention to its
operations under this Agreement to ensure that its performance will be satisfactory to the City.
29.2 GENERAL MANAGER
Contractor shall appoint an employee to serve as the General Manager.The General Manager shall
be the Contractor's primary point of contact with the City for all technical and administrative
matters pertaining to this Agreement. The General Manager must have at least five (5) years of
prior managerial experience with programs of this nature and size.The General Manager shall have
the authority to make significant decisions relevant to the day-to-day operation of Contractor's
program under this Agreement. The General Manager shall have direct access to the Contractor's
management for resolving problems beyond the General Manager's authority. At all times during
the term of this Agreement, the Director shall have immediate access to the General Manager by
telephone and electronic mail. The General Manager or Site Manager shall be responsible for
overseeing and implementing the Contractor's performance under this Agreement.
29.3 FIELD SUPERVISOR
The Contractor shall designate one or more Field Supervisors, who shall oversee the Collection
Service provided under this Agreement. The Field Supervisor(s) shall have immediate access to an
automobile or truck between 6:00 a.m. and 7:00 p.m., every day except Holidays. At all times
during the term of this Agreement,the Director shall have immediate access to a Field Supervisor
by telephone and electronic mail.
29.4 EMPLOYEE CONDUCT
All of the Contractor's personnel shall maintain a courteous, helpful, and impartial attitude toward
the public at all times.The Contractor shall instruct its employees to avoid loud or profane language
at all times during the performance of their duties under this Agreement. Contractor's employees
shall not cause any disturbance, interference, or delay to any work or service rendered to the City
or by the City. Contractor's employees shall not conduct themselves in a negligent, disorderly or
dishonest manner. Contractor's employees will be required to remain on public rights-of-way and
the premises of its customers. No trespassing by employees will be permitted on private property,
unless authorized by this agreement or by the City. Care shall be taken to prevent damage to
property, including receptacles,trees, shrubs, flowers, and other plants.
29.5 ATTIRE FOR EMPLOYEES
Employees and subcontractors of the Contractor shall wear dress uniforms bearing the company
name at all times when working for the City under this Agreement. The uniform shall consist of
appropriate pants or shorts, a shirt with the Contractor's name or logo, and boots or similar
footwear.
29.6 REMOVAL OF EMPLOYEES
The Director reserves the right to disapprove and request removal of any Contractor personnel
assigned to the City's work. Contractor shall have the right to contest the request by the Director,
first to the Director and then to the City Manager. Such disapproval or request shall be for
reasonable cause only and shall be addressed in writing to the Contractor's General Manager.
Notwithstanding the foregoing,the Contractor shall not be required to take any action with regard
to the Contractor's personnel that would violate any Applicable Law. The Contractor shall defend,
save, and hold the City harmless from and against legal actions by any employees so removed.
29.7 EMPLOYEE TRAINING AND LICENSES
29.7.1 All of the Contractor's employees shall be qualified and appropriately trained for the
tasks assigned to them. The Contractor shall provide refresher courses and additional
training to its employees, as needed, to ensure compliance with the requirements of
this Agreement and all Applicable Laws.
29.7.2 At all times when operating vehicles or equipment pursuant to this Agreement, the
Contractor's employees shall carry a valid Florida driver's license for the type of
vehicle or equipment being operated.
29.7.3 The Director may request the Contractor's employees to produce their driver's license
for inspection at any time when the employee is on duty. This request by the Director
may not interfere with the operations of the Contractor.
29.8 CONTRACTOR'S COMPLIANCE WITH LABOR LAWS
The Contractor shall comply with all Applicable Laws concerning the protection and rights of
employees, including but not limited to equal employment opportunity laws,minimum wage laws,
immigration laws,the Americans with Disabilities Act, and the Fair Labor Standards Act.
29.9 LEGAL STATUS OF CONTRACTOR'S EMPLOYEES
A Person employed by the Contractor shall have no right or claim to any pension, workers'
compensation, unemployment compensation, civil service, or other employee rights or privileges
granted to the City's officers and employees. The Contractor shall have the sole responsibility for
paying any wages and providing any employment benefits to such Person.
SECTION 30: INTENTIONALLY DELETED
SECTION 31: CUSTOMER RELATIONS
The Contractor shall assign a qualified person or persons to be in charge of operations within the service
area. The Contractor shall give the name and qualifications of these persons to the City and shall institute
a system for addressing complaints from within the City which shall include informing each customer
and the City of the phone number at which complaints will be received. Such phone will be promptly
answered at a minimum from 8:00 a.m. to 5:00 p.m., Monday through Friday. In the event that the
Contractor is unable to promptly resolve any such complaints, the Contractor shall promptly notify the
City of the nature of the complaint and the attempts made to resolve the complaint.
SECTION 32: CONTRACTOR'S RELATIONSHIP WITH THE
CITY
32.1 AVAILABILITY OF CONTRACTOR'S REPRESENTATIVES
The Contractor shall cooperate with the City in every reasonable way to facilitate the successful
completion of the activities contemplated under this Agreement. The City shall have twenty-four
(24) hour access to the Contractor's General Manager and Field Supervisor via telephone and
electronic mail from the City. Answering machines, pagers, or other devices that do not provide
for immediate contact with the Contractor's General Manager and Field Supervisor shall not satisfy
the requirements of this paragraph.
32.2 DIRECTOR'S REVIEW OF CONTRACTOR'S PERFORMANCE
The Director is hereby designated as the public official responsible for the day-to-day
administration of this Agreement by the City. Contractor shall diligently work with the Director to
formulate and adopt procedures that will facilitate the Contractor's performance under this
Agreement and the Director's review of the Contractor's work.
32.3 CITY'S RIGHT TO INSPECT CONTRACTOR'S OPERATIONS
Upon 24 hours' notice, the City shall have the right to inspect the Contractor's facilities and
operations at any reasonable time to determine whether the Contractor's performance complies
with the requirements of this Agreement. The Contractor shall make its facilities and operations
available for the City's inspection and shall cooperate fully. The City shall be required to observe
all of Contractor's established safety protocols for such inspections.
32.4 CITY'S RIGHT TO APPROVE
Whenever this Agreement authorizes the City or one of its representatives (e.g., Director) to
approve a request by the Contractor,the City shall have the right to withhold its approval until the
Contractor submits all of the information needed to evaluate the Contractor's request. The City
shall fairly and objectively evaluate the information provided by the Contractor, as well as any
other relevant facts. The consent of the City shall not be unreasonably withheld or delayed, except
as otherwise explicitly provided herein. However, the City shall have the exclusive right to weigh
the relevant facts and determine whether the approval of the Contractor's request is consistent with
the requirements in this Agreement and the public interest.
32.5 PRELIMINARY PLANS
The Contractor shall, at no cost or expense, when requested, review the preliminary subdivision
and site plans for all commercial and multi-family developments within the City and provide the
City in a timely manner with written comments concerning the placement and location of solid
waste receptacles or dumpsters, dead ends, cul-de-sac, one way streets, etc.
SECTION 33: RESERVED
SECTION 34: RECORD KEEPING AND REPORTING
34.1 GENERAL RECORD KEEPING AND REPORTING REQUIREMENTS
34.1.1 The Contractor shall be solely responsible for keeping all of the records and
documents necessary to demonstrate that Contractor has performed its duties in
compliance with the requirements in this Agreement. The Contractor's records shall
be accurate, well-organized and up-to-date at all times. The Contractor's records
concerning its performance under this Agreement shall be kept in the Contractor's
office in the City of Ocoee or in a nearby location for at least three(3)years following
the termination of this Agreement.
34.1.2 All of the Contractor's reports to the City shall be submitted in an electronic (digital)
format that is compatible with the City's software. Hard copies also shall be provided,
if requested by the Director, or if they are expressly required herein. The format and
content of the Contractor's reports are subject to the Director's approval. The reports
shall be signed by the General Manager or other duly authorized representative of the
Contractor.
34.1.3 The Contractor shall keep complete books and records at its place of business in
Central Florida, setting forth a true and accurate account of all business transactions
arising out of or in connection with this Agreement, including but not limited to a
complete customer account listing and a record of all fees and charges billed and
collected, all in accordance with good business practices and generally accepted
accounting principles. Upon forty-eight(48)hours notice the City shall have the right
to have access to and inspect and copy the contents of said books and records during
normal business hours. Upon thirty (30) days written request from the City, the
Contractor shall provide the City with a complete customer account listing and a
record of all fees and charges billed and collected during the prior twelve(12)months.
The City shall not have the right to any confidential, proprietary, or trade secret
materials of the Contractor.
34.1.4 Contractor shall cooperate with the Director and provide every reasonable opportunity
for the City to ascertain whether the duties of the Contractor are being performed
properly. Contractor shall promptly provide any information, in addition to that
required explicitly by this Agreement, that the Director or the Contractor deem
relevant under the circumstances.
34.1.5 The Contractor shall annually submit to the City an audited financial statement with
respect to all business transactions arising out of or in connection with this Agreement,
which shall have been prepared by an independent certified public accountant
reasonably acceptable to the City. The financial statement shall include a
determination of all fees and charges billed and collected by the Contractor pursuant
to the franchise granted by this Agreement and the Franchise Fees due to the City
pursuant to this Agreement. Each such audited financial statement shall be based on
the City's fiscal year of October 1 to September 30 and shall be submitted to the City
on or before December 31 of each year except that the last such audit shall be
submitted within sixty(60)days after the termination of this Agreement.
34.2 ACCIDENT REPORTS
Contractor shall notify the Director of any accidents involving the Contractor's staff, vehicles, or
equipment while performing services under this Agreement which require notification to OSHA or
any other regulatory agency under Applicable Laws. Contractor also shall notify the Director of
accidents involving personal injuries or damage to public or private property. In all such cases,oral
notice shall be provided within six(6) hours of the accident and a written report shall be provided
to the Director within one (1) Day of the accident. If any issues are unresolved at that time, a
subsequent report shall be provided to the Director within two (2) Days following the ultimate
disposition of the case. The oral and written reports shall include the date and time of the event, a
description of the event, an estimate of the damages and injuries (if any) caused by the event, and
a description of how the event and any associated damages and injuries were handled or will be
handled.
34.3 PUBLIC RECORDS COMPLIANCE
The City of Ocoee (City) is a public agency subject to Chapter 119, Florida Statutes. The Contractor
agrees to comply with Florida's Public Records Law. Specifically,the Contractor shall:
1. Keep and maintain public records required by the City to perform the service.
2. Upon request from the City's custodian of public records, provide the City with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time at a cost that
does not exceed the cost provided in chapter 119, Florida Statutes, or as otherwise provided by law.
3. 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 for the duration of the contract
term and following completion of the contract if the Contractor does not transfer the records to the
City.
4.Upon completion of the contract,Contractor agrees to transfer at no cost to the City all public records
in possession of the Contractor or keep and maintain public records required by the City to perform
the service. If the Contractor transfers all public record to the City upon completion of the contract,the
Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable requirements for retaining public
records. All records stored electronically must be provided to the City, upon request from the City's
custodian of public records, in a format that is compatible with the information technology systems of
the City.
5.A Contractor who fails to provide the public records to City within a reasonable time may be subject
to penalties under section 119.10, Florida Statutes.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119,FLORIDA STATUTES,TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT
407-905-3100, EXTENSION 1022, CCDL@ci.ocoee.fl.us, WITH AN OFFICE LOCATED AT 150
NORTH LAKESHORE DRIVE, OCOEE, FLORIDA 34761.
SECTION 35: INTENTIONALLY DELETED
SECTION 36: INTENTIONALLY DELETED
SECTION 37: CONTRACTOR'S EMERGENCY SERVICES
37.1 COLLECTION OF GARBAGE AFTER A DISASTER
Following a hurricane, tornado, or other natural or manmade disaster, the Contractor shall use its
best efforts to immediately collect, by any means available, all of the Garbage that is Set Out by
Customers. This shall be the Contractor's primary responsibility until the Contractor is able to
provide Collection Services on a routine basis, as determined by the Director.The Contractor shall
use its best efforts to resume its Collection Services on the Scheduled Collection Days as soon as
possible after the disaster.
37.2 EMERGENCY VARIANCES IN ROUTES AND SCHEDULES
In the event of a hurricane,tornado, or other natural or manmade disaster, the Director may grant
the Contractor a variance from the Contractor's regular routes and schedules. Requests for a
variance shall be submitted in writing to the Director. If the Contractor's request is granted, the
Contractor shall furnish a map depicting the revised routes and shall provide the revised schedules
in writing. Thereafter, the Contractor shall contact the Director on a daily basis and describe the
status of the Contractor's efforts to provide Collection Service and resume the use of normal routes
and schedules. The Contractor shall provide the Director with any requested information so that
the Director and Contractor can evaluate and respond to the disaster.
37.3 COLLECTION OF DISASTER DEBRIS
This Agreement does not give the Contractor the right to collect Disaster Debris. The City will
enter into a separate contract with the Contractor if the City wishes to utilize the Contractor's
services for the Collection of Disaster Debris. Nothing herein shall require the City to utilize the
services of Contractor, or prevent the City from hiring another Person, to collect Disaster Debris.
Among other things, the City may utilize the City's Disaster Debris Contract in accordance with
the City's emergency management plan, or the City may utilize City personnel and equipment,for
the Collection of Disaster Debris.
37.4 CONTRACTOR'S CONTINGENCY PLAN
Contractor shall develop a Contingency Plan, which shall describe the Contractor's plan of action
in the event that an emergency or other situation renders the Contractor's operations yard or
equipment unusable. The Contingency Plan shall describe the steps that the Contractor shall take
to avoid interruptions or reductions in Collection Service.The Contingency Plan shall be submitted
to the Director at least sixty (60) calendar days before the Commencement Date. Thereafter, the
Contingency Plan shall be updated and resubmitted to the Director with the Contractor's annual
report, and also within five (5) Days whenever the plan is revised by the Contractor. The
Contingency Plan and all revisions to the plan are subject to the Director's approval.
37.5 CITY'S EMERGENCY MANAGEMENT MEETINGS
If requested by the Director,the Contractor shall attend the City's emergency management/disaster
preparedness meetings and shall provide the City with any materials that may be useful to the City's
efforts, including but not limited to Collection schedules and routes, and security codes to private
community gates. The Director shall notify the Contractor of the date, time, and location of the
meetings, and shall identify any necessary materials that are to be provided by the Contractor.
SECTION 38: RATES FOR CONTRACTOR'S SERVICES
38.1 UNIFORM RATES FOR ALL COLLECTION SERVICES
The Rates in Exhibit 3-1 (Residential Rates)and Exhibit 3-2(Commercial and Multi-family Rates)
are the maximum amounts that shall be charged for any Collection Services provided by the
Contractor pursuant to this Agreement. The Rates shall be applied uniformly to all Customers
receiving Collection Services from the Contractor within the City after the Effective Date.
Contractor shall only utilize the Rates in Exhibit 3 of this Agreement when billing its Customers
or the City. The Rate for Residential Collection Service with a Garbage Cart shall apply to each
Customer that receives such service,regardless of the number of Garbage Carts or Recycling Carts
that are used by the Customer.
38.2 RATES FOR COLLECTION SERVICES
The Rates for Residential Collection Service are set forth in Exhibit 3-1. The Rates for Commercial
and Multi-family Service are set forth in Exhibit 3-2.
38.3 ANNUAL ADJUSTMENT TO RATES
Commercial and Multi-family Service. Notwithstanding any provisions contained herein to the
contrary,the rates and charges for commercial and multi-family solid waste collection and disposal
services set forth in Exhibit 4 hereto shall, subject to the terms and conditions set forth herein, be
annually adjusted in accordance with the Annual Rate Adjustment formula set forth in Exhibit 4
hereto. Within thirty(30)days following each anniversary date of this Agreement,the Franchisee
shall at its own discretion,calculate the Annual Rate Adjustment as aforesaid and provide a written
notice thereof to the City. Within fifteen (15) days following receipt of Franchisee's requested
Annual Rate Adjustment, the City shall provide concurrence of requested adjustment or provide
corrected adjustment. The City's interpretation of the Annual Rate Adjustment formula shall be
binding on the Franchisee. Upon receipt of such notice from the City,the Franchisee shall provide
a written notice to all of its customers under this Agreement which notice sets forth the Annual
Rate Adjustment. Any such Annual Rate Adjustment shall become effective thirty(30)days after
the mailing of such notice by the Franchisee to its customers and shall be retroactive to the
beginning of the billing period in which such Annual Rate Adjustment becomes effective. Except
as aforesaid, and extraordinary increases in fees, costs, or changes in law, rule, or code, the
Franchisee shall not be entitled to an adjustment in the rate schedule.
Residential Service. Residential Collection Service rates will be increased annually by 1.4%.
38.4 RATES FOR DISASTER DEBRIS
If the Director wishes to have the Contractor collect Disaster Debris, the City and the Contractor
shall enter into a separate contract and the City shall pay the Contractor in accordance with the
terms, conditions, and Rates that are mutually agreed upon by the City and Contractor before the
commencement of the Contractor's work under that contract. This Agreement does not authorize
any payments for the Collection of Disaster Debris.
SECTION 39: PAYMENTS TO CONTRACTOR FOR
COLLECTION SERVICES
39.1 GENERAL BILLING AND PAYMENT PROVISIONS
The City and the Customers shall have no obligation to pay any fee, charge, cost, or other sum to
the Contractor unless such payment is explicitly required in this Agreement and the fee is identified
in Exhibit 3. The Rates for Residential Collection Services in Exhibit 3-1 shall constitute full and
complete compensation to the Contractor for the services provided by the Contractor under this
Agreement. In all cases,the City shall have the sole authority to determine whether and the extent
to which the Contractor is entitled to payment for services it provided under this Agreement.
39.2 PROHIBITIONS ON PAYMENTS FROM CUSTOMERS TO CONTRACTORS
Neither the Contractor nor its agents, subcontractors, employees or other representatives shall
solicit or accept any payment or monetary remuneration from any Customer for the provision of
any Service described in this Agreement, unless such payments are explicitly authorized in this
Agreement and the payments are less than or equal to the amounts authorized. If a Customer or
other Person delivers any money to the Contractor for any service provided in the Service Area,
and such payment is not explicitly required in this Agreement, the Contractor shall return the
money to the Customer within five(5) Days after the money is received by the Contractor.
39.3 PAYMENTS FOR RESIDENTIAL COLLECTION SERVICE
39.3.1 Subject to the conditions contained herein, the City shall pay the Contractor for the
Residential Collection Service that is provided by the Contractor in compliance with
this Agreement. The City's payments to the Contractor shall be based on the number
of parcels of Residential Property identified in the Customer List.
39.3.2 The City's payments to the Contractor for Residential Collection Service shall be
made on a monthly basis, in arrears, for the Collection Service provided by the
Contractor during the previous month. The amount of the City's payments to the
Contractor shall be calculated by: (a) multiplying the applicable monthly Rate for
Residential Collection Service times the number of parcels of Residential Property on
the Customer List; and (b) deducting any administrative charges, once a final
determination has been made as to their proprietary, or other sums that are due and
owing to the City from the Contractor. The City's payments shall be sent to the
Contractor in accordance with the Florida Prompt Payment Act.
39.3.3 Each monthly payment to the Contractor shall be based on the Customer List as it
exists on the first day of the month for which payment is being made.
39.4 UNDERPAYMENTS AND OVERPAYMENTS TO CONTRACTOR
If the City pays the Contractor in error, for whatever reason, the Contractor shall promptly notify
the Director to rectify the mistake.The City shall make appropriate adjustments to the Contractor's
payments under this Agreement to offset past underpayments and overpayments resulting from any
error. However, the City shall not be obligated to make any adjustments to correct for
underpayments that occurred more than six (6) months before the City received the Contractor's
notice of the error.
39.5 LIMITATIONS ON CONTRACTOR'S RIGHT TO PAYMENT FROM CITY
The City shall have no obligation to pay the Contractor for any of the Collection Services provided
by the Contractor to its Customers, except as provided in Sections 39.3 and 39.4, above. The
Contractor shall have no right to any revenues or funds obtained by the City from any other sources,
including but not limited to funds distributed to the City by the Florida Department of
Environmental Protection or any other Person.
39.6 PAYMENTS FOR EXCESS AND OVERSIZED MATERIALS
With regard to the Collection Services provided by the Contractor pursuant to Section 7.6 for
excess and oversized materials,the Contractor shall be solely responsible for billing the Customers
and collecting the applicable fees from the Customers for such Collection Services,pursuant to the
Contractor's non-exclusive franchise.
39.7 PAYMENTS FOR GARBAGE CARTS AND RECYCLING CARTS
The Contractor may charge a reasonable fee to a Customer that wishes to purchase an additional
Recycling Cart or Garbage Cart(e.g., because the Customer generates more Solid Waste than the
Customer can store in the Garbage Cart that previously was provided to the Customer). The
Contractor's fee for purchasing and assembling a Garbage Cart or Recycling Cart for the Customer
shall not exceed Sixty Dollars ($60.00). The Contractor may charge an additional fee if the
Customer requests the Contractor to deliver the Garbage Cart or Recycling Cart to the Customer's
Premises, but the delivery fee shall not exceed Forty Dollars ($40.00). The Contractor also may
charge fees for exchanging carts pursuant to Section 27.4, above. The Contractor shall be solely
responsible for billing and collecting the fees for selling and delivering Garbage Carts and
Recycling Carts pursuant to this Section 39.7. The Contractor shall not charge or collect any
separate fee for purchasing, assembling,or delivering additional Garbage Carts or Recycling Carts
to any Customer, except for the fees authorized in this Section 39.7 and the fees authorized in
Section 27.4 for exchanging carts.
39.8 PAYMENTS FOR COMMERCIAL AND MULTI-FAMILY COLLECTION SERVICE
Rates to be charged for the commercial and multi-family solid waste collection and disposal service
to be performed under this Agreement are as set forth in Exhibit 3-2, attached hereto and by this
reference made a part hereof.
The Contractor,at its sole cost and expense,shall be solely responsible for the billing and collection
of all fees and charges payable to the Contractor by customers for services rendered pursuant to
this Agreement. The Contractor shall use its best efforts to bill and collect all such fees on a
monthly basis unless otherwise agreed to in writing by the City.
In consideration for the grant of this franchise and the execution of this Agreement by the City,the
Contractor agrees to pay to the City a franchise fee equal to NINE PERCENT(9%)of the fees and
charges actually collected by the Contractor from customers for services rendered pursuant to the
franchise granted by this Agreement("the Franchise Fee"). The Contractor shall pay the Franchise
Fee to the City on or before the tenth(10th)day of each month with respect to the fees and charges
actually collected by the Contractor during the previous month. Such payment shall be transmitted
on a City approved form and shall include a certification by the Contractor of the fees and charges
actually collected during the prior month and such other information as may be required by the
City. Failure of the Contractor to make timely payment to the City of the Franchise Fee or
falsification of the certification regarding fees and charges actually collected shall constitute a
default by the Contractor of this Agreement. The obligation to pay the Franchise Fee with respect
to fees and charges actually collected with respect to services provided during the Term of this
Agreement shall survive the termination of this Agreement.
SECTION 40: PAYMENTS TO THE CITY
The City may submit invoices to the Contractor for any fee or charge that is due and owing to the City from
the Contractor. The Contractor shall pay the City's invoice within thirty(30)calendar days after receipt.
SECTION 41: RECYCLING REVENUES FOR CONTRACTOR
The Contractor shall receive all of the revenues derived from the sale of the Source Separated Recyclable
Materials that are collected by the Contractor pursuant to this Agreement.
SECTION 42: PAYMENT OF TIPPING FEES
42.1 The Contractor shall be solely responsible for the payment of all Tipping Fees, costs, and other
charges associated with the Collection, transportation, processing, Recycling, or disposal of any
Solid Waste or Recyclable Material collected by the Contractor.
SECTION 43: VERIFICATION OF PAYMENT AMOUNTS
43.1 The City's acceptance of any payment from the Contractor, or the City's deduction of any amount
from any payment due to the Contractor, shall not be construed as an accord that the amount paid
is the correct amount, nor shall it be construed as a release of any claim the City may have for
additional sums payable from the Contractor.
43.2 At any time within the applicable statute of limitations, the City may recalculate and collect any
amounts that are payable to the City under this Agreement, plus Interest at the maximum rate
allowed by law(not to exceed 18% per year), and all costs of collection.
43.3 At its expense, with reasonable notice, the City may inspect, copy, and audit any books, records
and documents of the Contractor that are relevant to the calculation of the amounts that are due and
payable under this Agreement. All such documents are considered property of the Contractor;
provided, however,that Contractor and City shall comply with Florida's public records law.
SECTION 44: ADMINISTRATIVE CHARGES
44.1 BASIS FOR ADMINISTRATIVE CHARGES
The City and Contractor acknowledge and agree that it is difficult or impossible to accurately
determine the amount of damages that would or might be incurred by the City due to those failures
or circumstances described in this Section 45 and for which the Contractor would otherwise be
liable. Accordingly, the Contractor and the City have negotiated the terms and amounts of the
administrative charges set forth herein, and the parties agree that the administrative charges are
reasonable under the circumstances. The Contractor and City also have consulted with their legal
counsel and confirmed that these administrative charges are appropriate. Therefore, the following
administrative assessments shall constitute administrative charges, not penalties, for the
Contractor's breach of this Agreement.
44.2 PROCEDURE FOR ASSESSING ADMINISTRATIVE CHARGES
44.2.1 The Director shall conduct a preliminary evaluation of the relevant facts before the
Director decides whether administrative charges should be assessed against the
Contractor.At a minimum,the Director shall provide written notice to the Contractor,
and offer to discuss the relevant facts with the Contractor within five (5) Days after
the date of the notice. Following this discussion (if any) or the expiration of the five
(5) Day period, whichever occurs first, the Director shall determine whether
administrative charges should be assessed. However,the City shall not assess and the
Contractor shall not be required to pay administrative charges in those cases where
the delay or failure in the Contractor's performance was(a)excused in advance by the
Director or (b) due to unforeseeable causes that were beyond the Contractor's
reasonable control,and without any fault or negligence of the Contractor.The City, in
its sole discretion,may waive one or more administrative charges.
44.2.2 Prior to assessing administrative charges, the Director shall provide written notice to
the Contractor, indicating, with specifics facts giving rise to the administrative
charges, the City's intent to assess administrative charges and the basis for the City's
position.
44.2.3 After receiving the Director's letter, Contractor shall have ten (10) Days to file a
written letter of protest with the Director.
44.2.4 If a protest is timely filed, the matter shall be referred to the City Manager for
resolution. The City Manager shall review the issues in a timely manner and then
provide a written decision to the Contractor. The City Manager's decision shall be
final and non-appealable, except as provided in Section 44.2.6.
44.2.5 If a protest or petition is not timely filed by the Contractor, or if the City Manager
concludes that administrative charges should be assessed,the Contractor shall deliver
its payment of administrative charges to the Director within fifteen (15) Days of
receiving the written decision of the Director or City Manager, as applicable. If the
Contractor fails to pay an administrative charge when due, the City may deduct the
administrative charge from the City's monthly payments to the Contractor.
44.2.6 The procedures in this Section 44 shall be used in lieu of the procedures in Section
49 when resolving disputes concerning administrative charges, unless the
administrative charges assessed in one month will exceed Five Thousand Dollars
($5,000).
44.3 ADMINISTRATIVE CHARGES DURING TERM OF AGREEMENT
Six(6)months after the Commencement Date and continuing during the term of the Agreement,the
Director shall assess administrative charges as follows:
44.3.1 Failure to clean up spilled liquids or material in compliance with the requirements in
this Agreement, within the deadlines set forth herein, after receiving oral notification
by the Director or a Customer. Each failure shall result in the imposition of a $250
assessment per event.
44.3.2 Failure to collect the Residential Waste or Source Separated Recyclable Material that
was properly Set Out for Collection by a Customer on the Scheduled Collection Day,
within the deadlines set forth herein, after receiving oral notification by the City or
Customer. Each failure shall result in the imposition of a $100 assessment. If the
Contractor fails to meet the deadlines contained in this Agreement, each additional
Day of delay after the initial violation shall result in the imposition of an additional
$250 assessment.
44.3.3 Failure to complete a route on the Scheduled Collection Day,within the deadlines set
forth herein,after receiving oral notification by the City or the Customer.A route shall
be considered incomplete if five(5)Dwelling Units or two(2)streets or roadways are
not provided Collection Service. Each failure shall result in an assessment of$200 per
route, per Day.
44.3.4 Failure to maintain a Collection vehicle or equipment in a clean and sanitary manner
shall result in the imposition of an assessment of$100 per incident per Day.
44.3.5 Failure to respond to a Legitimate Complaint,within the time frame specified herein,
shall result in a$100 assessment per incident per Day.
44.3.6 Failure to resolve Legitimate Complaints,other than Missed Collections,within seven
(7) Days of notification shall result in the imposition of a $250 per Day assessment
for each occurrence until such complaint is resolved to the satisfaction of the City.
44.3.7 Failure to maintain records or provide documents in the manner required herein shall
result in the imposition of an assessment of$100 per document per Day.
44.3.8 Failure to timely file any report, plan, or other document required herein shall result
in the imposition of a $100 assessment for each Day that each report, plan, or
document is late.
44.3.9 Failure to correct chronic Collection problems shall result in the imposition of a$250
assessment. Chronic shall mean three (3) or more Legitimate Complaints at the same
Premises for the same issue within a twelve (12) month period. The first assessment
shall be imposed for the third Legitimate Complaint. Additional assessments may be
imposed for each Legitimate Complaint thereafter. If the Contractor has more than
five (5) Customers with chronic problems within one Agreement Year,there shall be
an additional $500 assessment.
44.3.10 Failure to correct chronic equipment problems shall result in the imposition of a
$250 assessment. Chronic shall mean three (3) instances of the same or similar
problem with the same equipment or vehicle within a twelve(12) month period. The
first assessment shall be imposed for the third problem. Additional assessments shall
be imposed for each problem thereafter.
44.3.11 Failure to properly and legibly label a Collection Container within five(5)Days after
receiving notice from the Director shall result in the imposition of a$100 assessment
for each container not properly labeled.
44.3.12 If the Contractor fails to comply with any provision of this Agreement for which
administrative charges have not been specified, the City shall impose a $100
assessment per occurrence per Day.
44.3.13 Failure to have a vehicle operator properly licensed, or failure of the operator to carry
his license while on duty, shall result in a$100 assessment per occurrence per Day.
44.3.14 Failure to maintain office hours in the manner specified in this Agreement shall result
in a$100 assessment per occurrence per Day.
44.3.15 Failure to replace or repair a damaged Collection Container, or failure to replace a
stolen Collection Container, or failure to exchange a Collection Container, within the
deadlines specified in this Agreement, shall result in a $100 assessment per incident
per Day.
44.3.16 If the Contractor notifies the Director that a complaint has been resolved, when the
complaint has not been resolved, there shall be a$200 assessment per incident.
44.3.17 Collections outside of the hours specified in this Agreement, without prior approval
of the Director, shall result in a$100 assessment per incident per calendar day.
44.3.18 Failure of Contractor's personnel to treat Customer(s) or their property in a
professional manner shall result in a$50 assessment per incident.
44.3.19 Leaving Collection Containers where they block driveways, streets, or roads shall
result in the imposition of a$250 assessment per incident per Day.
44.3.20 Damage to public or private roadways, including but not limited to spills of oil and
hydraulic fluids, shall result in the imposition of a$250 assessment per occurrence.
44.3.21 Failure to repair damage to a Customer's property within the deadlines set forth in this
Agreement,after receiving notification by the Customer or Director,shall result in the
imposition of an assessment of$250 per incident.
44.3.22 Soliciting or accepting an unauthorized fee or monetary compensation from a
Customer shall result in the imposition of a$500 assessment per incident.
44.3.23 Failure to respond to the Director by 5:00 p.m. on the first Day following a telephone
call, voice message, facsimile transmission, or electronic message requesting a
response from the General Manager or representative of Contractor, shall result in the
imposition of an assessment of$100, which shall be increased by another $100 for
each additional Day of delay.
44.3.24 Failure to comply with the deadlines and requirements in Section 50 concerning the
Contractor's obligations prior to the termination of this Agreement, shall result in the
imposition of an assessment of Two Thousand Dollars($2,000)per Day per failure.
44.3.25 Failure to follow the procedures in the Contractor's Collection Plan for notifying a
Designated Facility that the Contractor is obligated to pay the applicable Tipping Fee,
in each instance where the Contractor delivered Solid Waste to the Designated Facility
but failed to follow the approved procedures in the Collection Plan. Each failure shall
result in an assessment of$1,000.
44.3.26 Failure adhere to the approved routes in the Collection Plan, without receiving the
Director's prior approval for the deviation. Each failure shall result in an assessment
of$500 per Day.
44.3.27 Failure to display the Contractor's name,telephone number,and identification number
on a Collection vehicle or Mechanical Container in the manner specified herein, shall
result in an assessment of$100 per incident.
44.3.28 Failure to cover or enclose Solid Waste and Recyclable Materials in the Contractor's
Collection vehicles, as required herein, shall result in an assessment of $250 per
occurrence.
44.3.29 Failure to return a Collection Container to the location where the Customer placed it
for Collection, or throwing or otherwise mishandling Collection Containers, shall
result in an assessment of$100 per incident.
SECTION 46: NO LIABILITY FOR DELAYS OR NON-
PERFORMANCE DUE TO FORCE MAJEURE
EVENTS
46.1 Except for any payment obligation by either party, if the City or Contractor is unable to perform,
or is delayed in its performance of any of its obligations under this Agreement by reason of any
event of force majeure, such inability or delay shall be excused at any time during which
compliance is prevented by such event and during such period thereafter as may be reasonably
necessary for the City or Contractor to correct the adverse effect of such event of force majeure.
46.2 Unless the City is responsible for the condition,the Contractor shall not be entitled to compensation
from a Customer or the City for such period of time as the delay or non-performance shall continue,
but the Contractor will be entitled to pro-rata compensation after the Contractor's work has been
completed. The City shall not be liable for any loss suffered by Contractor as a result of an event
of force majeure.
46.3 An event of force majeure shall mean the following events or circumstances to the extent that they
delay the City or Contractor from performing any of its obligations(other than payment obligation)
under this Agreement:
(a) An Act of God, tornado, hurricane, flood, fire, explosion (except those caused by the
negligence of Contractor, its agents, and assigns), landslide, earthquake, epidemic, and
extremely abnormal and excessively inclement weather;
(b) Acts of a public enemy, acts of war, terrorism, insurrection, riots, civil disturbances, or
national or international calamities;
(c) Suspension,termination or interruption of utilities necessary to the Contractor's operation
or duties under this Agreement;
(d) An injunction, or a legal or equitable proceeding brought against the City or Contractor,
or a Change in Law; and
(e) Any act, event,or condition,which is determined by mutual agreement of the City and the
Contractor to be of the same general type as the events of force majeure identified in the
preceding paragraphs.
46.4 Labor disputes, labor shortages, changing economic conditions, and the economic hardship of the
Contractor shall not be considered an event of force majeure.
46.5 To be entitled to the benefit of this Section, a party claiming an event of force majeure shall give
prompt written notice to the other party, specifying in detail the event of force majeure, and shall
diligently proceed to correct the adverse effect of any force majeure. The parties agree that, as to
this Section,time is of the essence.
SECTION 47: BREACH AND TERMINATION OF
AGREEMENT
47.1 TERMINATION BY EITHER PARTY FOR CAUSE
In the event that:
(1) the Contractor shall fail to keep,perform and observe each and every promise,covenant and
agreement set forth in this Agreement applicable to the Contractor, and such failure shall continue
for a period of more than thirty(30)days after delivery to the Contractor of a written notice of such
breach or default;
(2) the Contractor's occupational or business licenses shall terminate for any reason and not
renewed or reinstated after ten(10)day's written notice to Contractor by the City;
(3) the Contractor shall become insolvent, or shall take the benefit of any present or future
insolvency statutes, or shall make a general assignment for the benefit of creditors, or file a
voluntary petition in bankruptcy or a petition or answer seeking an arrangement for its
reorganization,or the readjustment of its indebtedness under the Federal Bankruptcy laws,or under
any other law or statute of the United States or any State thereof,or shall consent to the appointment
of a receiver,trustee or liquidator of all or substantially all of its property; or
(4) the Contractor shall have a petition under any part of the Federal Bankruptcy laws, or an
action under any present or future insolvency laws or statute, filed against it, which petition is not
dismissed within thirty(30)days after the filing thereof;
then in any of such events, the City, in its discretion, shall have the right to: (i) seek specific
performance of this Agreement, (ii)terminate this Agreement for Default, which termination shall
be effective twenty-four (24) hours after written notice of such termination is given to the
Contractor, or(iii) pursue such other actions and remedies as may be permitted by law, including
an action for actual damages incurred or suffered by the City. In the event the City elects to
terminate this Agreement, then the City may, at its option, delay the effective date of termination
for default until the first day of the month following the date on which written notice of such
termination is given to the Contractor. The City shall specify the termination date on its written
notice of termination.
B. In the event that the City shall fail to keep, perform, and observe each and every promise,
covenant and agreement set forth in this Agreement applicable to the City, and such failure shall
continue for a period of more than thirty(30) days after delivery to the City of a written notice of
such breach,then the Contractor may, as its sole and exclusive remedy, seek specific performance
of this Agreement . It is expressly agreed that the Contractor shall not be entitled to terminate this
Agreement or seek damages against the City in the event of a default by the City
C. In the event that a dispute arises between the City and the Contractor,or any interested party,
in any way relating to this Agreement, the Contractor shall continue to render service in full
compliance with all terms and conditions of this Agreement regardless of the nature of the dispute.
The Contractor shall be liable to the City for all costs reasonably incurred in providing collection
and disposal service should the Contractor fail to provide such services.
47.2 JNTFRIM OPERATIONS
In the event that this Agreement is terminated before the end of any term, the Contractor shall
continue its operations for an interim period of up to one hundred eighty (180) calendar days if
requested to do so by the City and shall cooperate with the City in order to ensure an orderly
transition of all residential, commercial and multi-family solid waste accounts to such new
Contractor(s)as may be designated by the City. The Contractor shall be paid for its services during
said interim period at the rates in effect prior to issuance of the notice of termination,.
47.3 EFFECT OF TERMINATION
If this Agreement is terminated pursuant to the provisions of this Section, neither the City nor the
Contractor shall have any further duty, right, liability, or obligation under this Agreement, except
that: (a) a party will not be relieved from liability for a breach of a warranty, obligation, or
representation under this Agreement that occurred before the effective date of the termination; (b)
the City shall pay all amounts owed to the Contractor, and the Contractor shall pay all amounts
owed to the City,pursuant to this Agreement,through the date of the termination;(c)the Contractor
shall deliver to the City all reports concerning the City's activities through the end of the month in
which termination occurs; (d)at a minimum,the provisions of Sections 34 and 51 shall survive the
expiration or termination of this Agreement; and (e) any term, condition, covenant, or obligation
which requires performance by a party subsequent to the termination of this Agreement shall remain
enforceable against such party subsequent to such termination.
47.4 SETTLEMENT AND RELEASE
If this Agreement is terminated,the City shall pay to the Contractor any and all sums due, owing,
and unpaid to the Contractor by the City for work performed through the date of termination, less
any and all sums owed by the Contractor to the City,and less any and all deductions or other offsets
the City may have. In exchange for these payments,the Contractor shall execute and deliver to the
City a general release of the City, its elected officials,employees,representatives,and agents.This
payment to the Contractor shall constitute Contractor's full and final compensation under this
Agreement and the Contractor shall have no right to receive any further payments,unless there are
disputed amounts. This provision does not limit the right of the City to receive indemnification in
the future.
SECTION 48: OPERATIONS DURING DISPUTE
If a dispute arises between the City, the Contractor, or any other Person concerning the Contractor's
performance, rights, or compensation under this Agreement, the Contractor shall continue to perform its
duties in strict compliance with the requirements of this Agreement, regardless of the pending dispute.
SECTION 49: DISPUTE RESOLUTION PROCESS
49.1 The City and Contractor agree to cooperate and act in good faith at all times when dealing with
each other. If a dispute arises between the parties, the parties shall attempt to resolve their
differences quickly and informally. If they are unable to do so, they shall seek relief by following
the procedures set forth below.
49.2 All claims, disputes and controversies arising out of or related to the performance, interpretation,
application or enforcement of this Agreement, including but not limited to claims for payment and
claims for breach of this Agreement, shall be referred to non-binding mediation before initiation of
any adjudicative action or proceeding at law or in equity, unless it shall be unreasonable to do so
or an emergency situation or necessity dictates otherwise.All applicable statutes of limitations and
defenses based on the passage of time shall be tolled while the mediation process is pending. The
parties will take all reasonable measures necessary to effectuate such tolling.
49.3 The Contractor and City agree to participate fully in the mediation process and conscientiously
attempt to resolve their dispute. Except as provided below, each party shall bear its own expenses
in connection with the mediation. Both parties shall pay equally for the services of the mediator.
The mediation shall take place in Orange County,Florida.
49.4 Notwithstanding the foregoing, if either party terminates this Agreement for cause,the terminating
party shall have the right, in its sole discretion,to proceed directly with litigation of any claims or
disputes relating to the termination for cause and may include other claims and disputes unrelated
to the termination, and shall not be required to submit such claims or disputes to the mediation.
49.5 The parties agree that any claim filed in state or federal court concerning this Agreement shall be
heard by a judge, sitting without a jury.
49.6 The City and the Contractor hereby knowingly, voluntarily, and permanently waive any right they
may have to a jury trial concerning the performance, interpretation, application or enforcement of
this Agreement.
49.7 When a dispute between the City and the Contractor is pending or threatened,the Contractor shall
attempt to resolve the dispute with the Director. If this attempt is unsuccessful, either party may
initiate a non-binding mediation process, in accordance with the provisions set forth herein. In
addition, at any time during the dispute resolution process, the Contractor may request the City
Manager to consider the disputed issue. The Contractor's written request shall be delivered to the
Director and it shall describe the Contractor's proposed solution for resolving the dispute. The
Director and the City Manager may request,and the Contractor shall timely provide,any additional
information that is reasonably necessary to evaluate the disputed issue and the Contractor's
proposal. The City Manager shall fully and fairly consider the Contractor's proposal in a timely
manner.Upon request,the City Manager shall meet with the Contractor and discuss its proposal. If
the City Manager rejects the Contractor's proposal in whole or in part,the Contractor may submit
a written request to the City Manager for an opportunity to present its proposed solution to the
Board. Thereafter, the Contractor shall be allowed to present its proposal to the Board at a duly
noticed public meeting. The Board may accept or reject the Contractor's proposal, or take other
action that the Board deems appropriate, in the Board's sole discretion.
SECTION 50: CONTRACTOR'S OBLIGATIONS PRIOR TO
TERMINATION OF THIS AGREEMENT
50.1 CONTINUATION OF CONTRACTOR'S SERVICE
If the City does not exercise its right to renew this Agreement or if there are no renewal options
remaining,the City will attempt to award a new agreement to another entity at least six(6)months
prior to the expiration of this Agreement. In the event a new agreement has not been awarded
within such time frame, Contractor shall provide Collection Services to the City for an additional
ninety (90) calendar days after the expiration of this Agreement, at the then current Rates, , if the
City requests this service.
50.2 SALE OR LEASE OF CONTRACTOR'S MECHANICAL CONTAINERS
If applicable, upon request,Contractor shall enter into good faith negotiations to allow the City or
the City's newly selected franchise hauler to purchase, or rent for up to ninety (90) days, the
Mechanical Containers (if any) used and owned by the Contractor in the Service Area. The
purchase price and rental fee shall be negotiated,but shall not be greater than the fair market value.
50.3 SCHEDULE FOR TERMINATION OF CONTRACTOR'S SERVICE
Prior to the termination of this Agreement, Contractor shall work with the City to ensure that there
is no interruption or reduction of service when the Contractor ends its services to the City. If a new
franchise agreement is awarded to an entity other than the Contractor, the Contractor shall
coordinate and cooperate with the newly selected franchise hauler,as well as the City,to minimize
any disruptions in the service provided to the public. At a minimum, the Contractor shall comply
with the following performance requirements and deadlines:
180 calendar days If requested, the Contractor shall provide to the Director and the selected
prior to expiration franchise hauler a Mechanical Container inventory, in a format acceptable to
of Agreement the City that includes each container's location (street address), capacity,
identification number, and Collection frequency. Thereafter, the Contractor
shall not replace or exchange any Contractor-owned Mechanical Container
listed in the inventory, without the Director's approval.
150 calendar days The Contractor shall attend a coordination meeting with the selected
prior to expiration franchise hauler and the City. At or before the coordination meeting, the
of Agreement Contractor shall provide the City with a list of Contractor-owned containers
that may be purchased by the City or the selected franchise
hauler.
120 calendar days The Contractor shall work with the selected franchise hauler to develop a
prior to expiration mutually agreeable schedule for the removal of Contractor-owned Collection
of Agreement Containers and placement of the selected franchise hauler's containers.
30 calendar days The Contractor shall begin to implement the schedule in cooperation with the
prior to expiration selected franchise hauler. The Contractor shall take all steps necessary to
of Agreement ensure there is no interruption in the Collection Service provided to
Customers.
50.4 CITY'S RIGHT TO PROCURE NEW SERVICES
At any time, the City may issue a request for proposals, or commence negotiations with an entity
other than the Contractor,or take any other step deemed necessary by the City to obtain the services
of an entity who will collect Solid Waste for the City after this Agreement expires or is terminated.
SECTION 51: DAMAGES AND INDEMNIFICATION
51.1 LIABILITY
The Contractor shall be liable for all injuries and conditions that are caused by or result
from the Contractor's actions, including but not limited to the Contractor's failure to
perform in accordance with the terms of this Agreement. To the extent that the City and
Contractor are joint tortfeasors, losses shall be apportioned in the manner described herein.
51.2 CONTRACTOR'S INDEMNIFICATION OF CITY
The Contractor releases and shall indemnify, hold harmless, and, if requested by the City,
defend, each of the City Indemnified Parties from and against every Indemnified Loss that
is caused by or results from, directly or indirectly, in whole or in part, any willful act or
omission, or gross negligence of the Contractor, any tier of Subcontractor to the Contractor
or any Subcontractor to a Subcontractor of the Contractor, or anyone directly or indirectly
employed by any of those Persons for whose acts or omissions any of them may be liable,
except to the extent resulting from the conduct of the City, including any damage to
vehicles and injury to Persons. The obligation of the Contractor under this Section is
absolute and unconditional; it is not conditioned in any way on any attempt by a City
Indemnified Party to collect from an insurer any amount under a liability insurance policy,
and is not subject to any set-off, defense, deduction, or counterclaim that the Contractor
might have against the City Indemnified Party.
For the purposes of this Section, "City Indemnified Parties" means the City, the Board
and each of its members, and every agent, officer, official, servant, and employee of the
City. For purposes of this Section, an "Indemnified Loss" means all actual costs,
losses, damages, expenses, and liabilities that a City Indemnified Party incurs or suffers
pursuant to or in connection with (a) any willful act, gross negligence, or willful omission
on the part of the Contractor or any of its agents or employees in the execution or
performance of its obligations under or incidental to this Agreement, (b)any bodily injury,
sickness, disease, or death, (c) any violation of Applicable Law (including workers'
compensation laws, environmental laws, and health and safety laws) or any common law
duty, (d) any actual or alleged infringement of any intellectual rights or property of any
Person, (e)any pollution of or damage or destruction to property, natural resources, or the
environment, (f) the designation by the Contractor of any document or material as exempt
from public disclosure, (g) defending, settling, prosecuting, investigating, or participating
in (as a witness or otherwise) any proceeding that arises out of or pertains to any of the
foregoing; without regard to or limitation by the amount or type of benefits, damages, or
compensation payable by or for the Contractor, any Subcontractor, or any Subcontractor
of a Subcontractor under any Applicable Law (including employee benefits, disability
benefits, and workers' compensation laws).
It is the intent of this Section that the Contractor's indemnification obligations include all
joint and several liability of the Contractor, any Subcontractor to the Contractor, or any
Subcontractor to a Subcontractor of the Contractor, and anyone directly or indirectly
employed by any of them, or anyone for whose acts or omissions any of them may be
liable.
The City may employ any attorney of its choice or may use the City Attorney to enforce or
defend the City's right to indemnity provided by this Agreement. If a City Indemnified
Party requests that the Contractor defend it with respect to any Indemnified Loss, the City
Indemnified Party may participate in the defense at its sole cost and expense. The
Contractor shall advance or promptly reimburse to a City Indemnified Party any and all
costs and expenses incurred by the City Indemnified Party in connection with investigating,
preparing to defend, settling, or defending any legal proceeding for which the City
Indemnified Party is entitled to indemnification under this Agreement, whether or not the
City Indemnified Party is a party or potential party to it.
Nothing in this agreement shall be deemed or construed to waive City's right to a claim of
sovereign immunity under Section 768.28, Florida Statutes.
51.3 CONTRIBUTION
In the event of joint negligence on the part of the City and the Contractor, any loss and
costs shall be apportioned in accordance with the provisions of Section 768.31, Florida
Statutes, the Uniform Contribution Among Tortfeasors Act, as it exists on the Effective
Date, subject to the recovery limits set forth in Section 768.28, Florida Statutes, in effect
on the Effective Date. The City does not waive its right to claim sovereign immunity under
Florida law.
51.4 DAMAGES
The measure of damages to be paid by the Contractor to the City or by the City to the
Contractor, due to any failure by the Contractor or the City to meet any of its obligations
under this Agreement, shall be the actual damages incurred by the City or the Contractor.
Neither party shall have any liability under this Agreement for consequential, special,
indirect, or punitive damages. The foregoing shall apply without regard to either party's
rights to the Performance Bond, insurance proceeds, or other factors.
If the Contractor fails to comply with any Applicable Law, the Contractor shall, after the
opportunity to appeal and the administrative procedures here in have been exhausted,
promptly pay to the City the following:
(a) All lawful fines,penalties, and forfeitures charged to the City by any judicial order
or by any governmental agency responsible for the enforcement of the Applicable
Law; and
(b) The actual costs incurred by the City as a result of the Contractor's failure to comply
with the Applicable Law, including any costs incurred in investigating and
remedying the conditions which led to or resulted from the Contractor's failure to
comply with the Applicable Law.
51.5 NO PERSONAL LIABILITY
Nothing in this Agreement shall be construed as creating any personal liability on the part
of any officer, employee, agent or representative of the City or the Contractor.
SECTION 52: CONTRACTOR'S INSURANCE
A. The Contractor shall provide and maintain, on a primary basis and at its sole expense, at all times after
the Effective Date until this Agreement expires or is terminated, policies of insurance that insure the
Contactor against any and all claims, demands, or causes of action for injuries received or damages to
people or property relating to the Contractor's acts and omissions under this Agreement. At a minimum,
the Contractor shall maintain at all times the following insurance coverage, with the limits and
endorsements described herein. The requirements contained herein, as well as the City's review or
acceptance of insurance maintained by the Contractor, is not intended to and shall not in any manner limit
or qualify the liabilities or obligations assumed by Contractor under this Agreement.
Contractor shall, without expense to the City, obtain and maintain or cause to be obtained and maintained
throughout the term of this Agreement,coverages as stated in the RFP,and naming the City of Ocoee as an
additional insured:
1. Comprehensive automobile insurance(any auto, including owned autos,non-owned autos and hired
autos)and garage liability insurance, if applicable.
2. Comprehensive general liability insurance (including but not limited to contractual, independent
contractors, broad form property damage, and personal injury, as applicable, and such other coverage as
may from time to time be generally issued by insurance companies for businesses similar to that engaged
in by Contractor in the performance of this Agreement which City may reasonably require) protecting
Contractor, the City, its elected representatives, officers, agents and employees of each from and against
any and all liabilities arising out of or relating to Contractor's performance of this Agreement whether such
operations be by himself, or by any subcontractor or by anyone directly or indirectly employed by any of
them or by anyone for whose acts any of them may be liable.
3. Insurance against theft or damage to all Contractor's equipment used in carrying out this Agreement.
4. Workers' compensation or similar insurance affording the required statutory coverage and
containing the required statutory coverage and containing the requisite statutory limits.
B. Such policies shall be in such form and with such company or companies as the City shall approve,
and except for coverage limits of Workmen's Compensation Insurance, be in an amount no less than ONE
MILLION AND NO/100 DOLLARS ($1,000,000.00) combined single limit, or its equivalent, or such
greater amount of such insurance as shall be maintained by Contractor, with no deductible, with cross
liability endorsement and with contractual liability coverage for Contractor's covenants to and
indemnification of the City. Contractor's insurance shall provide that it is primary insurance as respects
any other valid and collectible insurance City may possess, including any self-insured retention or
deductible City may have, and that any other insurance City does possess shall be considered excess
insurance only. Contractor's insurance shall also provide that it shall act for each insured and each
additional insured as though a separate policy has been written for each; provided, however, that these
provisions shall not operate to increase the policy limits.
C. Contractor shall provide,prior to the execution of this Agreement and within ten(10)days of award
of the Agreement, and at least thirty (30) days prior to the expiration of an insurance policy or policies
theretofore provided to the City by Contractor hereunder, a certificate of insurance evidencing all coverage
required under this Section. Such certificate(s)shall name the City and its elected representatives,officers,
employees and agents of each as additional insured and shall provide that the policy or policies may not be
canceled or modified nor the limits thereunder decreased without thirty (30) days prior written notice
thereof to the City.
SECTION 53: PERFORMANCE BOND
The Contractor shall furnish to the City an irrevocable Performance Bond for the faithful performance of
this Agreement and all of the Contractor's obligations hereunder. The Performance Bond shall be in the
amount of One Million Dollars ($1,000,000.00). The form and content of the Performance Bond shall be
subject to the approval of the City. The Performance Bond shall be issued by a surety company that is
acceptable to the City. All premiums for the performance bond shall be paid by the Contractor. This
performance bond shall be written by a surety company licensed to do business in the State of Florida and
approved by the City and shall be maintained in full force and effect, annually renewable, throughout the
term of this Agreement. The Performance Bond shall: (a) contain any provisions required by Applicable
Law; (b) guarantee the performance of the Agreement; (c) serve as security for the payment of all Persons
performing labor and furnishing materials in connection with this Agreement; and (d) not be canceled or
altered without at least thirty(30)calendar days prior notice to the City.
Maintenance of the Performance Bond and the performance by the Contractor of all of the obligations under
this section shall not relieve the Contractor of liability under the default and termination provisions set forth
in this Agreement or from any other liability resulting from any breach of this Agreement.The Performance
Bond may be "called" and used if there is any default or breach of this Agreement by the Contractor that is
not cured. Calling or using the Performance Bond shall not restrict or preclude the use of any additional or
other remedies available to the City against the Contractor for breach, default or damages.
The City reserves the right to require the Contractor to increase the amount of the Performance Bond in the
event of a change in a Designated Facility, other changed circumstances, or upon the renewal of this
Agreement. If the City exercises this right, the Contractor shall pay the cost of the increased Performance
Bond,without any increase in the Rates.
In the event of a strike of the employees of Contractor, or any other similar labor dispute which makes
performance of this Agreement by the Contractor substantially impossible,the City shall have the right to
call the Performance Bond three (3) days after giving notice and may engage another Person to provide
necessary services.
SECTION 54: INTENTIONALLY DELETED.
SECTION 55: ASSIGNMENT OR TRANSFER OF AGREEMENT
55.1 This Agreement and the rights and privileges hereunder shall not be assigned or otherwise
transferred by Contractor except with the express written approval of the City. The City reserves
the right in its sole and absolute discretion to approve or disapprove any such requested assignment
or transfer of this Agreement. The City may require that any proposed assignee submit similar
documentation to that provided by the Contractor at the time of award of the franchise. No
assignment or transfer shall be effective until the assignee or transferee has executed with the City
an Agreement of Acceptance, subject to approval by the City, evidencing that the assignee or
transferee accepts the assignment or transfer subject to all of the terms, conditions and limitations
imposed herein. Any such assignment or transfer shall be in form and content subject to the
approval of the City. After consideration by the City, any assignment of this Agreement made by
the Contractor without the express written consent of the City shall be null and void and shall be
grounds for the City to declare a default of this Agreement. In such cases,the City may terminate
this Agreement by giving written notice to the Contractor, and upon the date of such notice, this
Agreement shall be deemed immediately terminated.Upon such termination all liability of the City
under this Agreement to the Contractor shall cease, except for the amounts due and owing for
Collection Services completed at that time. Thereafter, the City shall have the right to call the
Performance Bond and shall be free to negotiate with any Person for the service which is the subject
of this Agreement.
55.2 In the event that the City consent to any proposed assignment is denied, Contractor shall continue
to provide all of the services required herein for the remainder of the term.
55.3 If any assignment is approved by the City, the assignee shall fully assume all of the liabilities of
the Contractor.
55.4 The requirements of this Section shall include, but not be limited to cases where the Contractor
hires a subcontractor to undertake any of the Contractor's obligations under this Agreement.
SECTION 56: INTENTIONALLY DELETED
SECTION 57: SUBSEQUENT CITY ORDINANCES
Nothing contained in any City ordinance hereafter adopted shall be construed to affect, change, modify or
otherwise alter the duties,responsibilities, and operations of the Contractor under this Agreement, unless it
is agreed to in writing by both the Contractor and the City and this Agreement is amended accordingly.
SECTION 58: AMENDMENTS TO THE AGREEMENT
58.1 GENERAL REQUIREMENTS
This Agreement constitutes the entire Agreement and understanding between the parties hereto.
This Agreement shall not be considered modified, altered, changed or amended in any respect
unless the Agreement is amended in writing and the amendment is signed by the Contractor and
the Commission or its designee. The Exclusive Commercial and Multi-Family Solid Waste
Collection Franchise Agreement between the parties, dated May 5, 2015, is superseded by the
provisions of this agreement and of no further effect.
58.2 CITY POWER TO AMEND AGREEMENT
The City shall have the power to make changes in this Agreement relative to the scope and method
of providing Collection Service, when the City deems it necessary and desirable for the public
welfare. The Director shall give the Contractor notice of any proposed change and an opportunity
to be heard concerning any relevant matters.The City and Contractor agree to enter into good faith
negotiations to modify this Agreement and the Rates, as necessary. The scope and method of
providing Collection Service, as referenced herein, shall be liberally construed to include, but not
be limited to the manner,procedures, operations, and obligations of the Contractor.
58.3 AMENDMENTS DUE TO CHANGES IN LAW
The City and the Contractor understand and agree that changes in the Applicable Laws may require
amendments to some of the conditions or obligations of this Agreement. In the event any future
change in any Applicable Law materially alters the obligations of the Contractor or the City, then
the provisions and Rates in this Agreement may need to be modified. The City and Contractor
agree to enter into good faith negotiations regarding amendments to this Agreement, which may
be required in order to implement changes for the public welfare or due to a Change in Law.
SECTION 59: WAIVER OF RIGHTS
No delay or failure to exercise a right under this Agreement shall impair such right or shall be construed to
be a waiver thereof, but such right may be exercised from time to time and as often as deemed expedient.
The failure of the City or Contractor at any time to require performance by the other party of any term in
this Agreement shall in no way affect the right of the City or Contractor thereafter to enforce same. Nor
shall waiver by the City or Contractor of any breach of any term of this Agreement be taken or held to be a
waiver of any succeeding breach of such term or as a waiver of any term itself To be effective, any waiver
shall be in writing and signed by the party granting such waiver. Any such waiver shall be limited to the
particular right so waived and shall not be deemed to waive any other right under this Agreement.
SECTION 60: INTENTIONALLY DELETED
SECTION 61: GOVERNING LAW AND VENUE
The laws of the State of Florida shall govern the rights, obligations, duties and liabilities of the parties to
this Agreement and shall govern the interpretation of this Agreement.Any and all legal or equitable actions
necessary to enforce this Agreement shall be held and maintained solely in the state or federal courts in and
for Orange County, Florida. Venue shall lie exclusively in Orange County.
SECTION 62: COMPLIANCE WITH LAWS AND
REGULATIONS
Contractor shall at all times comply with all Applicable Laws now in effect or hereafter enacted,which are
applicable in any way to Contractor, its officers, employees, agents, or subcontractors.
SECTION 63: PERMITS AND LICENSES
Contractor, at its sole cost and expense, shall obtain and maintain throughout the term of this Agreement
all permits, licenses and approvals necessary or required for Contractor to perform the work and services
described herein.
SECTION 64: EQUAL OPPORTUNITY EMPLOYMENT
Contractor agrees that it shall not discriminate against any employee or applicant for employment for work
under this Agreement because of handicap, race, color, religion, sex, age, or national origin and shall take
affirmative steps to ensure that applicants are employed and employees are treated during employment by
Contractor without regard to race, color, religion, sex, age or national origin. This provision shall include,
but not be limited to,the following: employment upgrading, demotion or transfer; recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeships. Contractor agrees to furnish the City with a copy of its non- discrimination and equal
employment opportunity policy, upon request.
SECTION 65: AGREEMENT DOCUMENTS
This Agreement and the following documents comprise the entire Agreement between the City and
Contractor. The following documents are attached to this Agreement and they are incorporated in this
Agreement by this reference:
Exhibits 1 through Exhibit 4.
There are no Agreement documents other than those listed above. In the event of conflict between the
Agreement and the provisions of any exhibit,the provisions of this Agreement shall control.
SECTION 66: ALL PRIOR AGREEMENTS SUPERSEDED
This Agreement incorporates and includes all prior negotiations, correspondence, conversations,
agreements and understandings applicable to the matters contained in this Agreement. The parties agree
that there are no commitments, agreements or understandings concerning the subject matter of this
Agreement that are not contained herein. Accordingly, it is agreed that no deviation from the terms of this
Agreement shall be predicated upon any prior representations or agreements,whether oral or written.
This Agreement shall supersede all prior agreements between the parties regarding the matters addressed
herein.Among other things,the Exclusive Commercial and Multi-Family Solid Waste Collection Franchise
Agreement between the parties, dated May 5, 2015, is superseded by this agreement and of no further
effect. The parties agree that the existing franchise agreement(if any) shall be deemed to be terminated on
the Commencement Date and it shall have no force or effect thereafter. On and after the Commencement
Date,this Agreement shall govern the parties' conduct.
SECTION 67: HEADINGS
Headings in this document are for convenience of reference only and are not to be considered in any
interpretation of this Agreement.
SECTION 68: CONSTRUCTION OF AGREEMENT
Both parties acknowledge that they are represented by legal counsel and they have had meaningful input
into the terms and conditions contained in this Agreement.Therefore,any doubtful or ambiguous provisions
contained herein shall not be construed against the party that physically prepared this Agreement.
SECTION 69: SURVIVABILITY
Any term, condition, covenant, or obligation which requires performance by a party subsequent to
termination of this Agreement shall remain enforceable against such party subsequent to such termination.
SECTION 70: SEVERABILITY
The definitions and provisions contained in this Agreement shall not be construed to require the City or the
Contractor to take any action that is contrary to any local, state or federal law. Should any provision,
paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent
jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida, such
provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order
to conform with such laws, or if not modifiable,then same shall be deemed severable, and in either event,
the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect.
This Agreement shall be construed as if such invalid, illegal, void or unenforceable provision had never
been contained herein.
SECTION 71: FAIR DEALING
The Contractor declares and warrants that the Contractor enters into this Agreement without reliance on or
engaging in any collusion, bribery or fraud, that all of the Contractor's representations in this Agreement
are made fairly and in good faith, and that no Board member, City officer, or City employee, directly or
indirectly owns more than 1%of the total assets or capital stock of the Contractor,nor will any such Person
directly or indirectly benefit by more than 1% from the profits or emoluments of this Agreement, nor has
the Contractor provided any gift to any such Person or their family. The Contractor warrants that it has not
employed or retained any company or Person, other than a bona fide employee working solely for the
Contractor,to solicit or secure this Agreement,and the Contractor has not paid or agreed to pay any Person,
other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, gift
or any other compensation contingent upon or resulting from the award or making of this Agreement.
Further,the Contractor declares and warrants that the Contractor is not subject to the restrictions in Sections
287.133 and 287.134, Florida Statutes, for a public entity crime.
SECTION 72: SOVEREIGN IMMUNITY
Nothing in this Agreement shall be interpreted or construed to mean that the City waives its common law
sovereign immunity or the limits on liability set forth in Section 768.28, Florida Statutes.
SECTION 73: REMEDIES NOT EXCLUSIVE
The remedies specified in this Agreement shall supplement, and not be in lieu of, any other remedies
provided at law or in equity. The payment of any administrative charges by the Contractor shall not
constitute a defense for the Contractor, nor an election of remedies by the City, nor serve as the basis for a
claim of estoppel against the City, nor prevent the City from terminating this Agreement. The City's
decision to refrain from assessing administrative charges, or suspending or terminating this Agreement, or
seeking any other relief from any failure in the Contractor's performance, shall not constitute a waiver of
the City's right to pursue any other remedy or a waiver of its right to pursue a remedy for any future failure
by the Contractor.No remedy conferred by this Agreement is intended to be exclusive of any other remedy.
Each and every such remedy shall be cumulative and shall be in addition to every other remedy given
hereunder or now or hereafter existing at law or in equity, by statute or otherwise. No single or partial
exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise
thereof
SECTION 74: NOTICES TO PARTIES
All notices, requests, authorizations, approvals, protests, and petitions provided for herein shall be in
writing. Such documents shall be addressed as shown below and either (a) hand delivered, (b) mailed by
registered or certified mail or nationally recognized delivery service (postage prepaid), return receipt
requested, or (c) sent by telecopy. The documents shall be deemed to have been duly delivered when
personally delivered, or when transmitted by telecopier and receipt is confirmed by telephone, or when
delivered by U.S. Mail or courier service, as shown by the return receipt. For the present, the Contractor
and the City designate the following as the appropriate people and places for delivering notices and other
documents:
As to City: City Manager
City of Ocoee
150 N. Lakeshore Dr.
Ocoee, FL 34761
Telephone: 407/905-3100
Facsimile: 407/905-
Copy to: Scott Cookson
City Attorney
Shuffield Lowman& Wilson, P.A.
1000 Legion Place#1700
Orlando, Florida 32801
Telephone: 407/981-9800
Facsimile: 407/981-9801
As to Contractor: Regional Manager
Telephone:
Facsimile:
Copy to: General Counsel
Telephone:
Facsimile:
Both parties reserve the right to designate a different representative or representatives in the future, or to
change the address(es) for notice, by providing written notice to the other party of such change.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK]
IN WITNESS WHEREOF,the parties have made and executed this Agreement, as attested to by the
signature of their duly authorized officers or representatives and their official seals affixed hereon,the day
and year first above written.
WITNESSES: CONTRACTOR
By:
Signature Signature
Printed Name Printed Name and Title
day of , 2020 day of , 2020
Signature
Printed Name
day of , 2020
ATTEST:
SECRETARY
CITY OF OCOEE, a Florida municipal corporation
By:
RUSTY JOHNSON
Mayor
Attest:
Melanie Sibbitt, City Clerk
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND LEGALITY
this day of , 2020.
SHUFFIELD LOWMAN & WILSON,P.A.
By:
City Attorney
APPROVED BY THE OCOEE
CITY COMMISSION AT A MEETING
HELD ON , 2020,
UNDER AGENDA ITEM NO. .
EXHIBIT 1
GENERAL MAP OF SERVICE AREA
EXHIBIT 2
LEGAL DESCRIPTION OF SERVICE AREA
EXHIBIT 3
RATES FOR COLLECTION SERVICES
EXHIBIT 3- 1: RESIDENTIAL
Collection of All Residential Solid Waste, including
Garbage, Rubbish and Bulk Waste, Yard Trash, and
Recyclable Materials
Contractor Rate Total
$20.15 per month per residence $22.00 per month per residence
(includes 9% franchise fee)
$241.80 per year per residence $264.00 per year per residence
(includes 9% franchise fee)
Rates will increase 1.4% annually on January 6
of each year
EXHIBIT 3-2
CURRENT RATES CHARGED BY CITY FRANCHISEE
RATES FOR COMMERCIAL and MULTI-FAMILY COLLECTION
, .,
4 Ocoèe
4
d
FRANCHISEE: Progressive Waste Solutions of Florida, Inc.
EXHIBIT"A"
RFP 14-004 MONTHLY RATES AND OTHER CHARGES (Page 1 of 2)
(A) FIVE (5) YEAR MONTHLY RATES FOR, COMMERCIAL AND
. MULTI-FAMILY SOLID WASTE SERVICES BASED ON THE CUBIC YARD COST OF
$18.36.
.
All charges are to be multiples of the base rate per cubic yard times the dumpster
size times the frequency of collection per week.
•
•
WEEKLY PICK-UP 2 CUBIC YARDS 3 CUBIC YARDS 4 CUBIC YARDS •
1 time x (A) $36.72 N/A $73.44
2 times x(A) $73.44 N/A $146.87
3 times x(A) $110.16 N/A $220.31
4 times x (A) $146.87 N/A $293.75
5 times x(A) $183.59 N/A $367.18 .
6 times x (A) $220.31 N/A $440.67
WEEKLY PICK-UP 6 CUBIC YARDS 8 CUBIC YARDS - .
• 1 time x(A) $110.16- $146.87
2 times x (A) $220.31 $293.75
3 times x (A) $330.47 $440.62
4 times x(A) $440.62 $587.49
5 times x(A) $550.78 $734.37
6 times x (A) $660.93 $881.24
EXTRA PICK-UPS:
2 cubic yards: $45.25 per extra pick-up per week
a-er Nt4at per extra pick-up per week
4 cubic yards: $61.00 per extra pick-up per week
6 cubic yards: $74.00 per extra pick-up per week
8 cubic yards: $86.00 per extra pick-up per week
•
ABOVE PRICES INCLUDE FULL PRICE OF DUMPSTER RENTAL
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EXHIBIT 4
ANNUAL RATE ADJUSTMENT
For commercial and multi-family
An annual rate adjustment shall be applied to the franchise rates calculated from the average diesel fuel
price per gallon and the Consumer Price Index. The annual rate adjustment will be based on the annual
diesel fuel price for the East Coast Lower Atlantic (PADD 1 C)No 2 Diesel Retail Sales by All Sellers
obtained from data published by the U.S. Government at the following website:
http://tonto.eia.doe.gov/oog/info/gdu/gasdiesel.asp
The Consumer Price Index adjustment will be based on published data obtained from the U.S.
Department of Labor Bureau of Labor Statistics for the South Urban region at the following website:
http://www.bls.gov/cpi/
The following formula will be used to calculate the Annual Rate Adjustment:
ARA=0.85(CPIC)+ 0.15(AADPI)
Where;
ARA =Annual Rate Adjustment
CPIC =Consumer Price Index Change
AADPI=Average Annual Diesel Price Increase
CPIC will be calculated using the following:
(CPI Average Current Year)—(CPI Average Previous Year)=Index Point Change
(Index Point Change)- (CPI Average Previous Year) = CPIC
AADPI will be calculated using the following:
(#2 Diesel Retail ($/gal) Current Year)—(#2 Diesel Retail ($/gal)Previous Year)=
(Annual $/gal. Change)
(Annual$/gal. Change)-(#2 Diesel Retail ($/gal)Previous Year)=AADPI