HomeMy WebLinkAbout2023 Waste Management ContractThis Franchise Agreement ("Agreement") is hereby made and entered into this 12th day of April,
between the City of SEBASTIAN, FLORIDA ("City") and WASTE MANAGEMENT INC. OF
FLORIDA a Florida Cooperation, whose address is 1800 N. Military Trail Boca Raton, FL 33431
("Franchisee").
WITNESSETH
WHEREAS, the City desires to engage Franchisee to perform certain solid waste and recycling services
within the boundaries of the City; and
WHEREAS, Franchisee desires to perform such services pursuant to the terms and conditions set forth in
the proposal, addendums and herein;
WHEREAS, The Franchisee shall provide a Universal service of Solid Waste collection of one (1) time
per week, Yard Waste collection of four CY at one (1) time per week and an on call service of Bulk
Waste and White Goods;
NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City
and the Franchisee agree as follows:
Section 1. Background Recitals
1.0 The recitals set forth above are true and correct and form a material part of this agreement for the
following: This Agreement, and its associated Invitation to Bid (ITB) Documents, Franchisee
Documents, referenced herein, together with any executed Addenda if any, shall constitute the
entire Agreement between Franchisee and City (hereinafter referred to as the "Agreement"). In
resolving conflicts, errors, discrepancies, and disputes concerning the Specifications/Special
Conditions or other rights or obligations of the parties, precedence shall be given in the following
order (1) provisions of this agreement, (2) provisions of the Invitation to Bid, (3) provisions of the
Purchase Order, (4) provisions of the Franchisee's Bid, (5) provisions contained in any governmental
regulation incorporated herein by reference, and (6) a fully executed Amendment to this Agreement.
There are no understandings or agreements except as herein expressly stated.
Section 2. Term of the Agreement
2.0 The term of this Agreement shall be for a period of seven (7) years, commencing on July 1, 2023 and
terminating on August 31, 2030 with an option to renew for one (1) additional five (5) year term upon
mutual consent of both parties, unless either party shall notify the other to the contrary in writing not
later than June 1, 2029.
Section 3. Definitions and Interpretations
3.0. General. To the extent that any definition contained herein conflicts with any similar definition
contained in any federal, state, or local law, the definition herein shall prevail. However, nothing
contained herein shall be interpreted to require the Franchisee to undertake any conduct that is prohibited
by Applicable Law. Whenever the context may require, any pronoun which is used in this Agreement
shall include the corresponding masculine, feminine and neuter forms and the singular shall include the
plural and vice versa.
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3.1. Agreement shall mean this Franchise agreement between the City and the Franchisee, together with
all exhibits and other documents that are expressly incorporated by reference.
3.2. Applicable Law means 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 Franchisee under this Agreement.
3.3. Biological Waste shall mean solid waste that causes or has the capability of causing disease or
infection and includes, but is not limited to, biomedical waste, diseased or dead animals. The term does
not include human remains that are disposed of by persons licensed under chapter 470, Florida Statutes.
3.4. Biomedical Waste shall mean any Solid Waste or liquid waste which may present a threat of
infection to humans. The term includes, but is not limited to, non -liquid human tissue and body parts;
laboratory and veterinary waste which contain human -disease -causing agents; discarded disposable
sharps; human blood, and human blood products and body fluids; and other materials which in the
opinion of the Florida Department of Health represent a significant risk of infection to persons outside the
generating facility. The term does not include human remains that are disposed of by persons licensed
under Chapter 470, Florida Statutes.
3.5. Bulk Trash shall mean any non -vegetative item that cannot be containerized, bagged or bundled, or
whose large size or weight precludes its handling by normal collection, processing or disposal methods.
Bulk Trash includes but is not limited to discarded White Goods that are not Freon -Containing Devices,
toilets pool heaters, water softeners, pianos, bath tubs, sinks, bicycles, and similar household goods,
appliances, fixtures and furniture.
3.6. Collect and Collection shall mean the process whereby Solid Waste is picked -up and removed from
the location where it is generated, and then transported to the Indian River County Landfill.
3.7. Commercial Collection Franchise Area shall mean the City limits of Sebastian.
3.8. Commercial Collection Service shall mean the Collection of (a) Commercial Solid Waste; (b)
Recyclable Materials generated on Commercial Property and Mobile Home Parks.
3.9. Commercial Container shall mean any container which: (a) consists of four (4) permanently
attached sides, a top and a bottom; (b) is made of metal, durable plastic or other non -absorbent material;
(c) is free-standing; (d) is emptied or transported by mechanical means; and (e) is used to Collect or store
Solid Waste. Commercial Containers include, but are not limited to roll-on/roll-off boxes, dumpsters,
compactors, and similar receptacles used to Collect Solid Waste.
3.10. Commercial Property shall mean all of the improved property in the City of Sebastian that is used
for: (a) Multiple Dwelling Units with five (5) or more units; or (b) commercial, institutional, church, not -
for -profit, governmental, nonresidential or industrial purposes.
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3.11. Commercial Solid Waste shall mean Garbage, Bulk Trash, Trash, and Yard Trash that is not
Residential Solid Waste. Commercial Solid Waste includes the Garbage, Bulk Trash, Trash, Yard Trash,
and Industrial Solid Waste generated by or at: (a) commercial business, including, without limitation,
retail stores, offices, restaurants, and warehouses; (b) governmental and institutional offices and
buildings, including, without limitation, schools and hospitals; (c) churches and not -for -profit
organizations; (d) hotels and motels; (e) Multiple Dwelling Units that use Commercial Containers; (f)
Mobile Home Parks that use Commercial Containers; and (g) agricultural and industrial facilities.
3.12. Compactor shall mean any Solid Waste container that has a stationary or mobile compaction
mechanism.
3.13. Construction and Demolition Debris shall mean discarded materials generally considered to be
not water-soluble and nonhazardous in nature, including, but not limited to, steel, glass, brick, concrete,
asphalt roofing material, pipe gypsum wallboard, and lumber, from the construction or destruction of a
structure as part of a construction or demolition project or from the renovation of a structure, and
including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land
clearing or land development operations for a construction project, including such debris from
construction of structures at a site remote from the construction or demolition project site. Mixing of
construction and demolition debris with other types of solid waste will cause it to be classified as other
than construction and demolition debris. The term also includes the following:
a) Clean cardboard, paper, plastic, wood, and metal scraps from a construction project;
b) Unpainted, non -treated wood scraps from facilities manufacturing materials used for construction
of structures of their components and unpainted, non -treated wood pallets provided the wood
scraps and pallets are separated from other solid waste where generated and the generator of such
wood scraps or pallets implements reasonable practices of the generating industry to minimize the
commingling of wood scraps or pallets with other waste; and
c) De Minimis amounts of other nonhazardous wastes that are generated at construction or
destruction projects provided such amounts are consistent with best management practices of the
industry.
3.14. Construction and Demolition Debris Commercial Container shall mean a Commercial Container
that is used to hold Construction and Demolition Debris.
3.15. Construction and Demolition Debris Service shall mean the Collection and transport of
Construction and Demolition Debris in a Commercial Container or a Construction and Demolition Debris
Commercial Container in the City of Sebastian by Franchisee.
3.16. Contract Manager shall mean the person designated by the City to act as the City's representative
during the term of the agreement.
3.17. Council shall mean the City's governing body, which currently is comprised of the City Council of
the City of Sebastian, Florida.
3.18. County shall mean Indian River County, Florida. It shall also include the Indian River County Solid
Waste Disposal District, a dependent special district of Indian River County, Florida.
3.19. Curbside Collection Point shall mean the location where the Franchisee shall pick up the
Residential Solid Waste discarded by a customer.
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3.20. Customer shall mean a person having a contractual relationship with the Franchisee for Residential
Solid Waste Collection Service or Commercial Collection Service pursuant to the terms of this
Agreement and the City Code.
3.21. De Minimis Amount shall mean the amount of Solid Waste that lawfully may be included in a
container of Recovered Materials or Construction and Demolition Debris. A De Minimis Amount of Solid
Waste is three (3) percent, by volume and weight, whichever is more restrictive, as determined by a
measurement or visual inspection by the Contract Manager.
3.22. County Landfill shall mean the Solid Waste Disposal Facility or Facilities owned or operated by
Indian River County.
3.23. Freon -Containing Devices shall mean White Goods, appliances or other devices that contain or
may release Freon, such as refrigerators, freezers, air conditioners, and dehumidifiers.
3.24. Garbage shall mean all kitchen and table food waste, and any animal, vegetative, food or other
organic waste that is attendant with or results from the storage, preparation, cooking, or handling of food
materials.
3.25. Garbage Receptacle shall mean the automated collection bin issued and delivered by the
Franchisee to every Residential Customer. The Container shall be a mobile 36-gallon, 64-gallon, or 96-
gallon automated collection bin, as requested by the Customer.
3.26. Hazardous Waste shall mean any solid waste regulated as a hazardous waste by the Florida
Department of Environmental Protection, or the U.S. Environmental Protection Agency pursuant to
Applicable Law.
3.27. Industrial Solid Waste shall mean Solid Waste generated by manufacturing or industrial processes
that are not a Hazardous Waste. Such waste may include, but is not limited to, waste resulting from the
following manufacturing processes: electric power generation; fertilizer/agriculture chemicals; food and
related products or byproducts; inorganic chemicals; iron and steel manufacturing; leather or leather
products; nonferrous metals manufacturing or foundries; organic chemicals; plastic products and resins
manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay, and
concrete products; textile manufacturing; transportation equipment; and water treatment. This term does
not include mining waste or oil and gas waste.
3.28. Materials Recycling Facility (MRF) shall mean any facility operated or managed by, for, or on
behalf of the County for the purpose of receiving, sorting, processing, storing, or preparing Recyclable
Materials for sale.
3.28.1 Commercial Recycling is an open market while Residential Recycling is managed by Indian
River County.
3.29. Mobile Home Park shall mean any improved real property divided into spaces for the placement of
mobile or modular homes or trailers.
3.30. Multiple Dwelling Units shall mean any building containing five(5) or more permanent living
units. Multiple Dwelling Units include condominiums, but do not include hotels or motels.
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3.31. Person shall mean any and all persons, natural or artificial, including, without limitation, any
individual, firm partnership, cooperation, company, association, social club, fraternal organization,
church, religious sect, religious denomination, society, organization or league, estate, trust, receiver,
executor, administrator, trustee, or syndicate, municipal corporation, municipality, district or county of
Florida and any other state; any governmental agency or political subdivision of any state or the federal
government, or any other legal entity, and any group or combination of the above acting as a unit.
3.32. 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 are not Solid Waste.
3.33. Residential C & D shall mean residential customers may place small amounts of construction and
demolition C & D debris resulting from minor home improvement projects in their containers as part of
regular residential collection services.
3.34. Residential Solid Waste shall mean Garbage, Trash, Yard Trash, and Bulk Trash resulting from
normal housekeeping activities of a Residential Unit or Mobile Home Park that has elected to receive
Residential Solid Waste Collection Service.
3.35. Residential Solid Waste Collection Service shall mean the Collection and disposal of Residential
Solid Waste generated within the Residential Franchise Area.
3.36. Residential Solid Waste Franchise Area shall mean the geographical area comprising the City.
3.37. Residential Unit shall mean each and every lot or parcel of land that is improved for occupancy as
a single-family residence, duplex, triplex, or quadraplex, and any other residence, except a Multiple
Dwelling Unit. The term also includes individually -owned mobile or modular homes or trailers that: have
resident permanent license tags; are erected on a separate parcel of property; are within the Residential
Franchise Area or the Residential Recyclables Franchise Area; and do not receive Commercial Collection
Service.
3.38. 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 waste disposal appurtenances.
3.39. 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, semisolid, or
contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or
governmental operations. Recovered materials are not Solid Waste.
3.40. Solid Waste Disposal Facility shall mean any solid waste management facility which is the final
resting place for solid waste, including landfills and incineration facilities that produce ash from the
process of incinerating municipal solid waste.
3.41. Special Waste shall mean Solid Wastes that can require special handling and management,
including, but not limited to, White Goods, waste tires, used oil, lead -acid batteries, Construction and
Demolition Debris, ash residue, Yard Trash, and Biological Wastes.
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3.42. Standard Issue Container all containers, no matter what size, shall be new and shall mean the
collection bin issued by the Franchisee for every Residential Customer. All such Containers shall be new
and mobile 36-gallon, 64-gallon, or 96-gallon collection bin, as requested by the Customer. Franchisee
shall deliver the new Containers to all Residential Customers at the time they start service. For the
purpose of the initial term of this Agreement, the Franchisee will initially deliver new 96-gallon
Containers to all Residential Customers within sixty (60) days after execution of this Contract. If
the standard ninety-six (96) gallon issue container is too large for a customer, the franchisee shall make a
reasonable accommodation and issue a smaller size container to the customer within 90 days of the
customer's request, at no charge to the customer or City.
3.43. Trash shall mean all accumulations of refuse, rags, paper, paper boxes and containers, sweepings,
other accumulations of a similar nature, and broken toys, tools equipment and utensils. Trash does not
include Garbage or Yard Waste.
3.44. Uncontrollable Force shall mean any event that results in the prevention or delay of performance
by a party of its obligations under this Agreement and which is beyond the reasonable control of the non-
performance party. It includes, but is not limited to fire, flood, hurricanes, earthquakes, storms, severe
lightning, epidemic, war riot, civil disturbance, terrorism, sabotage, and governmental actions. Labor
disputes, including, but not limited to, strikes and slowdowns, are not an Uncontrollable Force.
3.45. White Goods includes inoperative and discarded refrigerators, ranges, water heaters, freezers, and
other similar domestic and commercial large appliances. White Goods do not include Freon -Containing
Devices.
3.46. Yard Trash shall mean vegetative matter resulting from yard and landscaping maintenance,
including grass clippings, palm fronds, branches, and other similar matter.
Section 4. Grant of Franchise
4.0. Exclusive Franchise. Subject to the conditions and limitations contained in this Agreement the
Franchisee is hereby granted an exclusive franchise and sole authority within the Solid Waste Franchise
Area to provide;
(a) Residential Solid Waste Collection Service.
(b) Commercial Collection Service (excluding commercial business recycling services).
4.1. Recyclables. The collection of residential recyclables is not a part of this Agreement.
4.2. Limited Grant of Rights. This Agreement does not grant any rights or remedies to the Franchisee
except those that are expressly identified and conveyed by the specific term of this Agreement.
4.3. Minimum Requirements for Franchisee's Services. This Agreement establishes minimum
requirements and performance standards for the Franchisee. Any services provided by the Franchisee
pursuant to Section 4.0 shall fully and strictly comply with the requirements in this agreement and any
Applicable Law.
4.4. Recovered Materials. This Agreement does not prohibit any Person from gathering, conveying, or
processing Recovered Materials, provided such Person otherwise complies with applicable Florida law.
No franchise or permit shall be required with respect to Recovered Materials. Containers of Recovered
Materials may include a De Minimis Amount of Solid Waste. Containers holding more than a De
Minimis Amount of Solid Waste shall be handed and regulated as Solid Waste.
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Section 5. Title to Solid Waste
5.0. Title. After Residential Solid Waste, Commercial Solid Waste, Recovered Materials, are placed at
the Curbside Collection Point or any other approved location for Collection by the Franchisee within the
City, the City shall hold title and ownership to all such materials. The Franchisee shall have no right to
take, keep, process, alter, remove or otherwise dispose of any such materials, except as set forth herein.
However, the Franchisee shall have the sole responsibility and liability for the lawful disposal of any
Biological Waste, or Hazardous Waste that the Franchise Collects.
Section 6. Processing and Disposal
6.0. Processing_ Recovered Materials collection, processing and marketing are outside the scope of this
Agreement.
6.1. Solid Waste Disposal. The Franchisee shall dispose of Residential Solid Waste and Commercial
Solid Waste Collected from within the City at the County Landfill.
Section 7. Franchise Fee
7.0. Franchise Fee. A Franchise Fee in the amount of 6% of gross revenues collected from Commercial
Solid Waste customers pursuant to the Franchise granted herein shall be paid to the City, by wire or
check, by the Franchisee on or before the fifteenth (15th) day of each month for all commercial
customers) by the Franchisee during the immediately preceding month. The Franchise Fee shall be added
to the commercial service charge but not separately itemized on the customer's bill.
Section 8. Residential Services
8.0. Hours of Residential Service — General. Residential Solid Waste Collection Service shall be
Monday through Friday, beginning no earlier than 6:00 a.m., local time and ending no later than 5:00
p.m., local time, unless previously authorized in writing by the Contract Manager in response to an
Uncontrollable Force.
8.1. Days of Residential Service. Residential Solid Waste shall not be Collected by the Franchisee on
Sundays or the holidays of Memorial Day, July 4', Labor Day, Thanksgiving, Christmas, or New Year's
Day, unless necessary to respond to an Uncontrollable Force. Residential Solid Waste does not need to be
collected by the Franchisee on any holiday when the Landfill is closed. If Residential Solid Waste
Collection Service is scheduled to be provided on a holiday, the Franchisee shall collect the Residential
Solid Waste on the weekday following such holiday.
8.2. Frequency of Residential Solid Waste Collection Service — Garbage and Trash. At least one (1)
time each week, the Franchisee shall collect Garbage and Trash from Residential Customers and provide
Residential Solid Waste Collection Services. The collections of Garbage and Trash shall be at least three
(3) days apart.
8.3. Frequency of Service — Yard Trash. Yard Trash shall be collected from Residential Units receiving
Residential Solid Waste Collection Services at least one (1) time per week. Yard Trash shall not be
commingled with Garbage.
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8.4. Frequency of Service — Bulk Trash. The Franchisee shall collect all Bulk Trash and Freon -
Containing Devices placed at the Curbside Collection Point weekly. The customer must call in the bulk
pickup request. There shall be no additional charge to the Customer or the City for Collecting Bulk Trash.
Notwithstanding the provisions of Section 6.1, the City may direct delivery of bulk trash to an alternative
location within the County for processing.
8.5. Obligations of Franchisee to Residential Customers — General. For Residential Units, the
Curbside Collection Point shall be located within five (5) feet of the curb, the paved surface of a public
roadway, the closest accessible public right-of-way, or other location agreed to by the Franchisee and
Customer that provides safe and efficient access for the Collection crew and vehicle. If a customer is
physically unable to deliver their Residential Solid Waste to the Curbside Collection Point, or the
Residential Unit is not readily accessible to the Collection crew or vehicle, an alternative location shall be
designated by the Customer and Franchisee, at no extra cost to the Customer.
8.5.1. Yard Trash Obligations. All Yard Trash including palm fronds do not need to be bundled,
bagged, or containerized by the Customer. All Yard Trash must be: separated from Garbage, Trash, and
Bulk Trash; no more than four (4) feet in length and no more than three (3) inches in diameter: less than
fifty (50) pounds; shall not exceed four (4) cubic yards per collection and shall be placed neatly at the
Curbside Collection Point by Customer. Natural Christmas trees will be collected as Yard Trash, provided
the sections of the tree are not more than eight (8) feet in length or more than fifty (50) pounds. The
Franchisee shall not co -mingle Yard Trash and other types of Solid Waste in the Franchisee's Collection
vehicles.
8.5.2. Bulk Trash Obligations. Bulk Trash shall not be commingled with Yard Trash. A Customer's
Bulk Trash may not be collected if determined by the Contract Manager and the Franchisee, in writing, to
be incompatible either with the Franchisee's collection equipment or the County's Solid Waste
management system or of such weight or quantity as would significantly hinder the effectiveness of the
Collection or Solid Waste disposal system.
8.6. Manner of Collection. The Franchisee shall Collect Garbage, Trash, Yard Trash, and Bulk Trash
with a minimum of noise and disturbance to the Customer and the public. The Franchisee shall empty all
the garbage placed in the Standard Issued Container and then the Franchisee shall return the container to
the same location where it was placed by the Customer or the Curbside Collection Point. Throwing or
damaging Garbage containers is prohibited. If the Standard Issue Container is deemed defective or
damaged caused by the Franchisee, at the sole discretion of the City, the Franchisee shall replace the
Container at no additional cost to the customer.
8.7. Routes and Schedules. On or before March 31 of each year, the Franchisee shall, in a format
acceptable to the Contract Manager, provide the Contract Manager with a map of each route and the
scheduled days for Collection of Garbage, Trash, Bulk Trash, and Yard Trash in the Residential Solid
Waste Franchise Area. The Franchisee shall keep route maps, schedules, and Customer counts current at
all times and shall strictly follow the schedules and routes filed with the Contract Manager The
Franchisee shall provide updated maps and schedules to the Contract Manager no later than three (3)
calendar days after any change.
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8.7.1. Changes to Schedules. The Franchisee shall not change the scheduled days for its Collection
services until the Franchisee receives prior written authorization by the City Manager. The City
Manager's approval of such changes shall not be unreasonably withheld. In the event the City Manager
authorizes a change in schedules that alters the Collection day for any Customer, the Franchisee shall, at
its sole expense, notify each affected Customer by mail or other manner approved by the City Manager
not less than one (1) week prior to the change.
Section 9. Residential Rates and Billing
9.0. Residential Solid Waste Collection Service Rates. The total rate per Residential Unit for
Residential Solid Waste Collection Service charged by the Franchisee shall be $19.45 per month as
depicted in the rate/proposal schedule attached here to and marked Exhibit "A". The foregoing is the total
rate that may be charged by the Franchisee to the City for Residential Solid Waste Collection Services
and it shall include all collection costs, disposal costs, and all other fees and expenses. Notwithstanding
the foregoing, the Franchisee and the City acknowledge and agree that the total rate for Residential Solid
Waste Collection Service is subject to adjustment as set forth in this Agreement.
9.1. Universal Billing. The Franchisee will bill all residential units effective July 01, 2023 through
September 30, 2024. The Residential Solid Waste Collection Service Rate shall be increased by the 3%
Franchise Fee, increasing the total monthly rate to $20.03. The Franchisee will retain the 3% franchise
fee. The Franchisee will stop service if no payment received within 45 days of invoice date. After
September 30, 2024, the Franchisee may continue collection efforts on past -due accounts and shall be
entitled to retain the 3% franchise fees on the past due accounts to offset the uncollected debt but only on
those accounts.
9.2. Payment. The City will be responsible for the billing and collection for the Residential Solid Waste
Collection Service beginning October 01, 2024. The City shall make monthly payments in arrears to the
Franchisee for the Residential Solid Waste Collection Service. The City reserves the right, with
justification, to partially pay any monthly payment. The Franchisee shall be entitled to payment for
services rendered irrespective of whether or not the City collects from customers for such service.
Payments from the City to the Franchisee will be due and paid no later than twenty (20) days following
the month which services were rendered.
On or about October 1, 2024, the City shall provide to the Franchisee the estimated total number of
Residential Units to be serviced. By November 1 st of each Fiscal Year, the City shall provide to the
Franchisee a copy of the annual assessment roll providing a detailed listing of all the Residential Units to
receive these services. Thereafter and for the duration of the Agreement, the City shall promptly notify
the Franchisee of new residential units to be served and/or deleted and payments will be adjusted
accordingly. For example, the unit count as of October 31 shall be used to compute the payment for
November. The unit count on November 30 shall be used for the payment for December, and so forth.
New Residential Units which are added for service during the City's Fiscal Year will be added to the
customer service list and payment will be paid by the City to the Franchisee in the Franchisee's monthly
payment. New Residential Units, which are added for service during a month, will be added to the
customer service list and payment will be rendered the following month. Payment shall not be prorated
based upon the day of Certificate of Occupancy nor verification of the beginning of actual service for the
first month of service. The payments from the City to the Franchisee for units added by Certificate of
Occupancy are paid the first full month following the month in which the Certificate of Occupancy is
issued. After the first year of the Agreement, the Residential Unit becomes part of the total number of the
subsequent year's total number of units, provided annually to the Franchisee on or before October 1.
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In the event the Franchisee provides service to Residential Units whose parcel was not included on the
annual assessment roll provided by the City, the Franchisee must provide a written list of such Residential
Units to the City's Contract Manager within 90 days of receipt of the assessment roll. Upon receipt of
such written list by the City, the Contract Manager will verify the customer address and that service to the
unit is proper within 30 days, and if proper, shall remit monthly payments to the Franchisee for such
service effective as of October 1 of that Fiscal Year or the date service began, whichever is later. If the
City has not received notification within the 90 days by the Franchisee, no adjustments to payment will be
made until the next Fiscal Year annual roll is certified for the same units. However, the City reserves the
right to correct any errors of omission or commission per the laws and rules that govern the City. In the
event the City pays the Franchisee for a Residential Unit in error, for whatever reason, the Franchisee
shall notify the Contract Manager. Upon determination of any overpayment, the Contract Manger will
verify the error and make appropriate adjustment to the Franchisee's payment to correct the error.
Section 10. Commercial Collection Service
10.0. General. The Franchisee shall provide all Commercial Collection Services within the City.
10.1. Frequency of Collection. Commercial Collection Services shall be provided at least one (1) time
per week. In any event, Commercial Collection Services shall be provided frequently enough to prevent
the creation of a public nuisance or a threat to the public health, safety, or welfare. The Contract Manager
shall assist the Franchisee and Customer in confirming that the size of the Commercial Container and the
frequency of the Collection service are sufficient to ensure that Commercial Solid Waste is not routinely
placed or stored outside the Commercial Container.
10.2. Location of Collection of Commercial Containers. Commercial Containers for Commercial Solid
Waste or Recyclable Materials shall be placed at locations that are mutually acceptable to the Franchisee
and the Customer, and in compliance with the City's land use ordinances. If a dispute should arise
between a Customer and the Franchisee regarding the location of the Commercial Container, the Contract
Manager shall designate the location.
10.3. Commercial Recycling. Proposer shall develop a commercial recycling program for commercial
establishments and businesses, and submit it to the City Manager for acceptance. Proposer will also
develop a promotional campaign to encourage businesses located within the City of Sebastian to recycle.
The promotional campaign shall be coordinated with the City Manager. The promotional campaign will
be promoted through inserts in invoices to current commercial customers, plus announcements at City
Council meetings, City website and City TV, and other events. The first three (3) months of commercial
recycling will be without charge to the commercial customer provided the customer signs up during the
commercial campaign.
10.4. Commercial Containers Required. Construction and Demolition Debris generated or accumulated
at the site of a construction, demolition, or renovation project shall be stored in a Commercial Container
until removed from the site. All other Solid Waste generated or accumulated at the site of a construction,
demolition, or renovation project shall be stored in a separate Commercial Container or Garbage
Receptacle.
10.5. Non -Conforming Containers Prohibited. The use of any container or receptacle other than a
Commercial Container to store Construction and Demolition Debris at a construction, demolition or
renovation site is prohibited. The City may prohibit the use of any Commercial Container or Construction
and Demolition Debris Commercial Container that is found to be unsuitable or undersized.
Page 11 of 27
10.6. Missing Carts. Contract Manager, at its sole discretion, shall decide whether or not a cart is stolen
based on a police report. The Franchisee must replace the missing cart.
10.7. Adjacent Areas. If the Franchisee is responsible for Construction and Demolition Debris or other
Solid Waste which is cast, blown, or scattered upon any adjacent property, the Franchisee shall remove
the debris immediately, or no later than the end of the day on which the activities occurred.
Section 11. Commercial Collection Service Rates and Billing
11.0. Rates — General, The Commercial Collection Service rates set forth in this Agreement are
Maximums, and volume discounts may be negotiated between the Franchisee and the Customer.
Notwithstanding the foregoing, the Franchisee and the City acknowledge and agree that the Commercial
Collection Service rates are subject to adjustment as set forth in this Agreement.
11.1. Rates. All Customers receiving any type of Commercial Collection Service will be charged on a per
cubic yard basis. Charges will be billed monthly in advance by the Franchisee according to the rate
schedule attached hereto marked Exhibit "A".
11.2. Other Charges. The rates for Commercial Collection Service do not include disposal fees,
maintenance fees, franchise fees, and other extra charges. Such fees shall not be added to a Customer's
invoice unless they are individually listed and itemized.
11.2.1. C.L.E.A.N. Program. C.L.E.A.N. Program is a proactive program that takes action against
overflowing containers in the commercial areas of the city to promote health, safety, and cleanliness in
the city. The franchisees clean program is a proven approach to keeping communities clean, reducing
litter, and illegal dumping with the goal of having all customers on the correct level of service. The
program will have a zero cost this city with the following provisions:
a) Thirty (30) days prior to the commencement of the CLEAN program in the City, Franchisee shall
notify each of its Customers that receive or will receive their garbage service by Commercial
Container of the implementation of the CLEAN program. For purposes of this section, all notices
shall be provided to the address of record provided to the Franchisee.
b) Overfilling Commercial Containers present safety and health risks to the residents and businesses
of the City. In the event Franchisee determines a Customer's Container is overfilled with waste and
or recyclables during a collection event, Franchisee shall take a digital photograph of the overfilled
container in such a manner to present evidence of such Overfilling. For purposes of this section,
overfilling is defined as a container overloaded such that the lid does not close securely and is
displaced by at least ten (10) inches) Franchisee shall provide to the Customer, notice of such
Overfilling on the Customers next invoice for each event of Overfilling. Franchisee shall charge the
customer the amount of two hundred dollars ($200). Overfilling charges shall not exceed eight
hundred dollars ($800) per month, per Customer. Franchisee shall take reasonable steps to seek to
increase the Customer's level of service by providing a larger container for the Customer and/or by
increasing the frequency of service. If the Customer refuses the attempt to correct the Overflowing
issue, Franchisee will forward information to the City code enforcement department. Provided that
the customer agrees to modify the container size or service frequency to the appropriate level,
franchisee will credit the customer two hundred dollars ($200).
11.3. Billing. Billing for Commercial Collection Service shall be the sole responsibility of the Franchisee.
Page 12 of 27
Section 12. Adjustment to Rates
12.0. Adjustment to Rates. Compensation payable to the Franchisee for services provided hereunder
shall be adjusted annually to reflect changes in the consumer price index for all consumers for the
Southeastern United States, all items, 1982-84 equals 100, as published by the U.S. Department of Labor,
Bureau of Labor Statics ("CPI"). Should the CPI be discontinued or substantially modified, then an
alternate index shall be chosen by mutual agreement of the City and the Franchisee. Beginning on
October 1, 2024, and on each October 1 thereafter, the foregoing rates shall be adjusted to reflect any
increase in the CPI for the immediately preceding twelve (12) month period of June to June, but no
increase shall exceed three percent (3%) per annum. The Franchisee shall notify the City in writing of
increases or decreases that are based on the CPI, as provided in this section, no less than thirty (60) days
prior to their implementation.
12.1. Change of Law. The parties understand and agree that the Florida Legislature from time to time has
made comprehensive changes in Solid Waste management legislation and that these and other changes in
the law in the future, whether federal, state, or local, which mandate certain actions or programs that may
require changes or modifications in some of the terms, conditions or obligations under this Agreement.
Nothing contained in this Agreement shall require any party to perform any act or function contrary to
law. To the extent that any law effective after the effective date of this Agreement is in conflict with, or
requires changes in, the provisions of services to be provided under this Agreement, the parties agree to
enter into good -faith negotiations to determine whether the Franchisee's rates should be adjusted as a
result of a change in law.
12.2. Limitation on Rate Changes. The Franchisee shall not be allowed a rate increase for any reason
other than those expressly specified in this Agreement. Notwithstanding the foregoing, in the event that a
federal, state or local entity imposes a fee, charge or tax after the date of this Agreement that applies to
Franchisee's operations per se, such fee, charge or tax shall be treated as a change in law and shall be
passed through as a separate billed item after notice and confirmation by the City.
12.3. Rate Adjustment Procedures. Should the Franchisee seek an adjustment of any charges
established and approved by the Council, other than the CPI Changes in Rates set forth in section 12.0 of
this Agreement, then Franchisee shall notify the City in writing, setting forth the schedule of rates and
charges which it proposes and a written justification for the request. A public hearing shall be held on the
request. The request for a public hearing shall be submitted to the City with supporting data for review
and presentation to City Council. The Council shall make a determination whether the adjustment in
charges is necessary and justified under the circumstances provided herein and set forth in Franchisee's
justification for rate adjustment.
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Section 13. General Obligations of Franchisee
13.0. Prohibitions on Biological, Biomedical, and Hazardous Waste. The Franchisee shall not collect
Biological Waste, Biomedical Waste, or Hazardous Waste and the Franchisee shall not deliver or dispose
of any of the foregoing wastes at the County Landfill. Franchisee shall not collect any Solid Waste that
the Franchisee reasonably believes is Biological Waste, Biomedical Waste, or Hazardous Waste. The
Franchisee shall immediately notify the Contract Manager if any Customer attempts to deliver such to the
Franchisee or the City. The City shall have the right to inspect the Solid Waste and Recyclable Materials
Collected by the Franchisee at any time to determine whether the Solid Waste or Recyclable Materials
contain Biological Waste, Biomedical Waste, or Hazardous Waste, and to require the Franchisee take
appropriate action to ensure that the Franchisee's Customers do not deliver such materials to the
Franchisee. The Franchisee shall promptly arrange and pay for the lawful removal and disposal of any
Biological Waste, Biomedical Waste or Hazardous Waste that the Franchisee delivers to the County
Landfill.
13.1. Spillage. The Franchisee shall not litter, and shall not spill Solid Waste, Recyclable Materials, or
Oil Spills anywhere in the City. Whenever the Franchisee is hauling Solid Waste or Recovered Materials,
in the City, the Franchisee shall take all necessary steps to ensure that the material is contained, tied, or
enclosed so that leaking, spilling and blowing of such material is prevented. In the event that any material
or liquid spills, blows or leaks from the Franchisee's vehicle, the Franchisee shall immediately clean up
the spillage, leakage and litter at no cost to the City or Customer. If a Customer or the Contract Manager
notifies the Franchisee that its actions have caused litter, spillage, leakage, or Oil Spills within the City,
the Franchisee shall remedy such problem within 24 hours after being notified. In all such cases, the cost
of the cleanup, remediation, damages, or roadway replacement shall be the sole responsibility of the
Franchisee.
13.2. Financial Reports. Franchisee shall provide to the City annually a financial statement and report
that includes an income statement showing the gross revenue received by the Franchisee from the
Collection of Solid Waste and other services provided by the Franchisee under this agreement. The report
must include the opinion of a Certified Public Accountant, who has conducted an audit of the
Franchisee's books and records in accordance with generally accepted accounting standards which
include tests and other necessary procedures, that the financial statements are fairly presented in all
material aspects and in conformity with generally accepted accounting procedures. The report also must
include the Certified Public Accountant's opinion that the Franchisee has properly calculated and fully
paid the franchise fees that are due and owing to the City pursuant to the provisions of this Agreement.
The annual audit shall be delivered to the City within one hundred and twenty days (120) after the end of
the Franchisee's fiscal year. The City may waive the requirement of an audited financial statement upon
good cause.
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Page 14 of 27
13.3. Other Reports. Upon request, Franchisee shall also provide the following reports:
(a) The total number of residential, the total number of multifamily, and the total number of
commercial accounts are being serviced.
(b) The number of physically disabled and unable residents that currently have backdoor service.
(c) The total number of duplex, triplex, fourplex and multifamily units that are serviced curbside.
(d) A list of all multi -dwellings being serviced, with number of units and type of containers for
each one, and frequency.
(e) An actual count of residential units, multi -dwelling units. A list of commercial, five (5) units,
or triplex, and multi -dwelling services with container size and frequency rate.
(f) How many commercial compactors are in the entire City and frequency.
13.4. Customer Complaints. The Franchisee is responsible for receiving and addressing customer
complaints. Any complaints the City may receive directly from the customer shall be directed to the
Franchisee. If the City receives a complaint regarding the Franchisee service under this agreement, the
complaint shall be immediately forwarded to the Franchisee by telephone or email. The Franchisee shall
respond to complaints within 24 hours after the Franchisee receives them. When the complaint is received
after 12:00 o'clock noon on a Saturday or on a day preceding an approved holiday, the Franchisee shall
respond to a complaint no later than the next day that is not a holiday or a Sunday. Upon resolution of the
complaint, the Franchisee shall notify the City within 24 hours, by telephone or e-mail, of the action taken
to resolve the complaint.
13.5. Record. The Franchisee shall keep a written record of all complaints it receives regarding the
Franchisee service under this Agreement. The Franchisee will report (on a monthly basis) complaints to
the City that Franchisee receives directly or forwarded to the Franchisee from the City or the County. The
Franchisee shall use a standard form to record the pertinent facts regarding each complaint and how it was
resolved. The form shall identify the nature of the complaint, the time and date when a complaint is
received, when the Franchisee responded to the complaint, and when the complaint was resolved. The
Franchisee records and forms shall be kept up to date and shall be maintained throughout the term of this
agreement. Reports of the complaints from the Franchisee shall be kept at the Contract Manager's office
and shall be available for inspection during normal business hours.
13.6. Notice of Certain Types of Complaints. The Franchisee shall immediately notify the Contract
Manager if the Franchisee receives a complaint involving a claim of personal injury, death, or property
damage resulting from the Franchisee's actions in the City. The Franchisee shall provide the Contract
Manager with a written report about any such matters within three (3) calendar days after the Franchisee
receives the complaint.
13.7. Customer Noncompliance. If the Franchisee refuses to Collect Solid Waste from a Customer
because the Customer failed properly to prepare or place the Solid Waste for Collection, the Franchisee
shall provide written notification to the Customer explaining why the Solid Waste was not Collected and
what the Customer must do to properly prepare or place the Solid Waste for Collection. The Franchisee's
initial notice may consist of the Franchisee's Collection crew leaving a written notice or tag on the
Garbage Receptacle or Solid Waste in question.
Page 15 of 27
13.8. Community Cleanups. The Franchisee shall perform at least two (2) community cleanups within
the Residential Solid Waste Franchisee Area each calendar year. The times and locations of the
community cleanup shall be selected by the Contract Manager after coordinating with the Franchisee. The
Franchisee shall provide appropriate containers during each community cleanup at no cost to the City or
to the sponsor. During the community cleanup, the Franchisee shall collect only Garbage, Trash, Yard
Trash, and Bulk Trash. The Franchisee shall transport these materials to the County Landfill for disposal
at no cost to the City or to the sponsor.
13.9. Special Community Event Cleanups. In addition to the Community Cleanups, the Franchisee shall
perform two (2) annual collection events each for electronics, paper shredding, white goods, electronics,
light bulbs, batteries (Universal Waste) and tires. The Franchisee shall select and provide appropriate
containers during each community cleanup at no cost to the City or to the sponsor.
13.10. Waste Watch. Franchisee shall develop a "Waste Management Waste -Watch" Program in the City
of Sebastian where the Franchisee drivers and workers are trained to look for suspicious activities and
emergency situations and report to Law Enforcement what they have seen or heard.
13.11. Collection for City Facilities. Franchisee shall provide collection services at City facilities at no
charge, including special service for the four (4) maior Citv-sponsored festivals held annually at
Riverview Park. The City will dictate the number and types of dumpsters.
a. The Franchisee shall provide up to fifty (50) blue sixty four (64) gallon Indian River County
recycling carts for use at City parks and at City Hall. City staff will distribute to the
appropriate parks and ensure they are placed along the recycling route for pickup.
b. Franchisee will provide a recycling dumpster at Barber Street Park in which City staff will
deposit recyclables from the recycling carts at City parks. Franchisee will service the
dumpster as part of a regular Commercial Recycling Route. If additional City facilities
require outside recycling cart service, the City will advise the Franchisee and it will provide
carts for the city to distribute. Such facilities will be added to the regular recycling route.
13.12. The Franchisee shall provide the City with five (5) solar recycling compactors and provide regular
collection service and maintenance for each bin. The City shall select the location of each recycling
compactor. The location of the compactors may change from time to time. Compactors shall be wrapped
with designs showcasing the City of Sebastian. Compactor wrap designs shall be approved by the City of
Sebastian designated representative in conjunction with the Leisure Services Director.
13.13. Uncontrollable Forces. Neither the City nor Franchisee shall be in default of this Agreement, nor
shall the Franchisee be subject to the administrative charges set forth in Section 14 of this agreement, if
delays in or failure of performance are due to Uncontrollable Forces, the effect of which the non-
performing party could not avoid by the exercise of reasonable diligence. Neither parry shall, however, be
excused from performance if nonperformance is due to forces or events that are preventable, removable,
or remediable and which the non -performing party could have, with the exercise of reasonable diligence,
prevented, removed, or remedied with reasonable dispatch. The non -performing party shall, within a
reasonable time of being prevented or delayed from performance by an Uncontrollable Force, give written
notice to the other party describing the circumstances and Uncontrollable Forces preventing continued
performance in compliance with this Agreement will resume.
Page 16 of 27
13.14. Rapid Recovery from Disaster. The clean-up from some natural disasters (including hurricanes)
may require that the Franchisee hire additional equipment, employ additional personnel, or work existing
personnel on overtime hours to clean debris resulting from the natural disaster. The Franchisee shall not
receive any extra compensation (i.e., above the normal compensation provided in this Agreement) to
recover the costs of rental equipment, additional personnel, overtime hours, or other expenses unless the
Franchisee has received written approval from the Contract Manager prior to the work being performed.
All such costs may be audited by the City prior to payment. Unless and until the parties reach agreement
on extra compensation, the Franchisee shall not be required to perform clean-up from a natural disaster.
13.15. Disaster Response Plan. The Franchisee shall develop and provide to the City a disaster
preparedness and response plan by March 31 of each year. This plan shall include provisions for
additional personnel and equipment and shall establish a reasonable, verifiable basis for any charges. In
the event that excess work resulting from a natural disaster is compensable by the Federal Emergency
Management Agency, or any other local, state, or federal agency, any compensation to the Franchisee
shall be subject to such agency's prior approval. The Franchisee shall be familiar with Federal Emergency
Management Agency documentation requirements and shall provide the necessary documentation for
submission of cost reimbursement requests. The Franchisee shall be required to submit its Federal
Emergency Management Agency documentation of costs as a condition of payment for additional
personnel and equipment pursuant to this section.
13.16. Force Majeure Event. Neither party shall be considered to be in default in the performance of its
obligations under this Agreement, except obligations to make payments with respect to make payments
with respect to amounts already accrued, to the extent that performance of any such obligations is
prevented or delayed by any cause, existing or future, which is beyond the reasonable control, and not a
result of the fault or negligence of, the affected party (a "Force Majeure Event"). If a party is prevented or
delayed in the performance of any such obligations by a force Majeure Event, such party shall
immediately provide notice to the other party of the circumstances preventing or delaying performance
and the expected duration thereof. Such notice shall be confirmed in writing as soon as reasonably
possible. The party so affected by a Force Majeure Event shall endeavor, to the extent reasonable, to
remove the obstacles which prevent performance and shall resume performance of its obligations as soon
as reasonably practicable. A Force Majeure Event shall include, but not limited to acts of civil or military
authority (including courts or regulatory agencies), act of God (excluding normal or seasonal weather
conditions), war, riot, pandemic, or insurrection, inability to obtain required permits or licenses,
hurricanes, and severe floods.
13.17. Indemnification. The Franchisee shall indemnify, defend and hold harmless the CITY, and its
officers and employees, from all claims, demands, liabilities, damages, losses, and costs, including, but
not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the Franchisee and other persons employed or utilized by the
Franchisee in the performance of the agreement; regardless of the negligence of the indemnitee or its
officers, directors, agents, or employees. However, such indemnification shall not include claims of, or
damages resulting from, gross negligence, or willful, wanton or intentional misconduct of the indemnitee
or its officers, directors, agents or employees. Upon request of the CITY, the Franchisee shall, at no cost
or expense to the CITY, indemnify and hold the CITY harmless of any suit asserting a claim for any loss,
damage or liability specified above, and Franchisee shall pay any cost and reasonable attorneys' fees that
may be incurred by the CITY in connection with any such claim or suit or in enforcing the indemnity
granted above. Nothing in this agreement shall be construed as the CITY waiving its sovereign immunity
pursuant to 768.28, et seq., Florida Statutes, or any other sovereign or governmental immunity. This
section shall survive the termination of this agreement.
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13.18. Contract Changes for Public Welfare. The City shall have the authority to make changes in this
Agreement when such changes are deemed necessary and desirable for the public welfare and for the
benefit of the City. The City shall give the Franchisee reasonable notice of any proposed change and an
opportunity to be heard concerning the proposed change. The Franchisee shall be reasonably and
appropriately compensated for any additional services required of the Franchisee due to any modification
in this Agreement under this paragraph.
13.19. Office. The Franchisee shall maintain an office in Indian River County. The Franchisee shall
maintain two (2) or more toll free numbers where service inquiries and complaints can be received by the
Franchisee. The Franchisee's office shall be staffed with trained, responsible persons on duty during the
hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays. The Franchisee shall use either
a telephone answering service or answering machine to receive service inquiries and complaints during
those times when the office is closed. The Franchisee also shall develop a system, subject to the Contract
Manager's approval, for receiving emergency calls from the public at any time, and for communicating
with the City regarding emergency matters.
13.20. Vehicles. Upon execution of this Agreement, Contractor shall order new trucks and such trucks
shall be dedicated to servicing the City of Sebastian franchise agreement. At all times the Franchisee shall
have a sufficient number of new trucks, new Commercial Containers, and other equipment available and
in good working condition so that the Franchisee can efficiently perform its contractual duties under this
agreement. The Franchisee shall also have available reserve vehicles and equipment that can be put into
service within twelve (12) hours of any breakdown or malfunction that can provide similar services to the
Franchise area. Vehicles used by the Franchisee in the performance of this agreement shall be clearly
identified with the Franchisees name, local phone number, truck number, and tear weight, letters and
numbers shall be at least 4 inches high.
13.21. List. On or before March 31 of each year, the Franchisee shall provide the Contract Manager with
a list of the trucks and other Collection equipment that will be used by the Franchisee to provide services
under this Agreement. The list shall include the license tag number for each truck and the identification
number (if any) for each Commercial Container. The Franchisee shall revise and resubmit the list to the
Contract Manager during the term of the Agreement if there are any changes to the list of the trucks, other
Collection equipment, or Commercial Containers. The requirements of this paragraph do not apply to: (a)
trucks and other Collection equipment used in the City for 30 days or less; or (b) bona fide demonstration
trucks and other Collection equipment.
13.22. Condition of Equipment and Vehicles. The City reserves the right to inspect all equipment listed
by the Franchisee. All of the Franchisee's vehicles shall be kept in a clean and sanitary condition and in
good repair. Any vehicle emitting excessive odor shall be taken out of service and washed prior to being
placed back in service. All vehicles and auxiliary equipment shall be regularly maintained in a manner
necessary to prevent the release or discharge of Solid Waste, Recyclable Materials, oil hydraulic fluids, or
other fluids into the environment. The Franchisee's vehicles shall not emit visible air emissions during
normal operation. The Franchisees shall be in compliance with all applicable laws, including, without
limitation, laws concerning noise, air pollution, and Traffic Safety. Should the City determine that the
Franchisees equipment does not meet the City's operational and safety standards, the Franchisee shall
immediately replace such equipment. At no time during the course of the agreement shall the Franchisees
equipment become older than 12 years.
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Page 18 of 27
13.23. Franchisee Unable to Provide Contracted Services. In the event that the Franchisee is unable to
provide adequate services during an emergency or other event involving an Uncontrollable Force, the
City may hire other Contractors to provide those services. In such case, the City reserves the right to
charge the Franchisee for all costs and expenses that the City incurs while providing the services that the
Franchisee is obligated to provide pursuant to the requirements of this Agreement, subject to setoff for the
amounts that would have been paid to Franchisee for the services.
13.24. STANDARD INSURANCE REOUIREMENTS: Before starting and until acceptance of the
work by the City, the Awarded Franchisee shall, as a minimum mandatory condition precedent to this
work, procure and maintain insurance of the types and to the limits specified below, at their own expense
and without cost to the City, until final acceptance by the City of all products or services covered by the
purchase order or contract. The policy limits required are to be considered minimum amounts:
The Certificate of insurance shall be made to the City of Sebastian, 1225 Main Street, City of Sebastian,
FL 32958 and should reference the operation.
Prior to cancellation of any insurance policy, at least 30 days advance written notice shall be given to the
City of Sebastian.
Minimum coverage with limits and provisions are as follows:
A. Commercial General Liability: The Successful Franchisee shall provide minimum limits of
$1,000,000 each occurrence, $2,000,000 general aggregate combined single limit for bodily
injury and property damage liability. This shall include premises/operations, personal &
advertising injury, products, completed operations, contractual liability, specifically confirming
and ensuring the indemnification and hold harmless clause of the contract. This policy of
insurance shall be considered primary to and not contributing with any insurance maintained by
the City of Sebastian and shall name the City of Sebastian as an additional insured with waiver of
subrogation noted on the Certificate of Liability. The policy of insurance shall be written on an
"occurrence" form.
B. Business Vehicles: Successful Franchisee shall provide minimum limits of liability of
$5,000,000.00 each accident, combined single limit for bodily injury and property damage. This
shall include coverage for:
• Owned Vehicles
• Hired Vehicles
• Non -Owned Vehicles
C. Umbrella/ Excess Liability: Successful Franchisee shall provide umbrella/excess coverage with
limits of no less than $1,000,000.00 excess of Commercial General Liability, Automobile
Liability and Employers Liability. *This coverage is optional if Successful Franchisee has
$2,000,000 General Aggregate under the Commercial General Liability Policy.*
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D. Workers' Compensation: The Successful Franchisee shall provide and maintain workers'
compensation insurance for all employees in the full amount required by statute and full
compliance with the applicable laws of the State of Florida. Exemption certificates to this
requirement are not acceptable. Should the Named Vendor utilize a Professional Employer
Organization, said Vendor acknowledges and agrees that all employees sent to the City of
Sebastian MUST be included on that PEO roster. Said policy must include Employers' Liability
insurance with limits of no less than:
• Each Accident $ 100,000.00
• Disease — Policy Limit $ 500,000.00
• Disease — Each Employee $ 100,000.00
Successful Franchisee shall further ensure that all of its sub -contractors maintain appropriate levels of
workers' compensation insurance.
Other Insurance Provisions: The City of Sebastian is to be specifically included on all certificates of
insurance as an additional insured (with exception to Workers Compensation). Waiver of Subrogation is
required for Commercial General Liability and Automobile Liability. All certificates must be received
prior to commencement of service/work. In the event the insurance coverage expires prior to the
completion of this contract, a renewal certificate shall be issued prior to said expiration date. The
certificate shall provide a thirty (30) day notification clause in the event of cancellation to the policy.
All insurance carriers shall be rated (A) or better by the most recently published A.M. Best Rating Guide.
Unless otherwise specified, it shall be the responsibility of the Successful Franchisee to ensure that all
subcontractors comply with the same insurance requirements spelled out above. The City may request a
copy of the insurance policy according to the nature of the project, but such policy may be redacted as
necessary. City reserves the right to accept or reject the insurance carrier.
13.25. Damage. The Franchisee including, without limitation, its agents, employees and subcontractors,
shall perform all services under this Agreement in such a manner so as to avoid damage to public and
private property and shall promptly repair or pay for any such damage in conjunction with its insurance
adjustment procedures.
Section 14. Administrative Charges to Franchisee for Failure to Perform
14.0 Failure to Pay Franchise Fee. Franchise fee payments received after the fifteenth (15t1i) day of the
month shall bear interest at 18% per year. Except for an Uncontrollable Force, franchise fee payments
received more than twenty (20) days after the due date shall be subject to an administrative fee of $500
for the first nonpayment; $1,500 for the second nonpayment; and $5,000 for the third nonpayment. Three
late payments in any one calendar year, or failure to make payment within thirty (30) days after the due
date and after ten (10) days' notice to cure, unless due to an Uncontrollable Force, shall result in
termination of this Agreement.
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14.1. Customer Service Complaints. All Customer service complaints received by the Franchisee or
Contract Manager and reported to the Franchisee shall be promptly resolved pursuant to 13.4, applicable
terms of this Agreement. Customer service Complaints shall not include Customer informational request
or Recycling Container requests. Customer service complaints may include, but are not limited to, the
following:
1. Co -mingling Solid Waste with Yard Trash
2. Throwing of Garbage Receptacles
3. Failure to collect Solid Waste on schedule
4. Failure to replace Garbage Receptacles or Commercial Containers to the point of collection.
14.1.1. In the event Customer service complaints received from Residential Solid Waste Collection
Service customers exceed any of the following percentage(s) of the Customers in the Franchise Area
served by the Franchisee as determined on the first day of each calendar year:
Complaint Tvne Annual % Monthly %
Garbage, Trash and Damage 4% 0.5%
Yard Trash 2.5% 0.35%
The Contract Manager may levy $100.00 administrative charges for each incident exceeding these
percentages, on a calendar year or monthly basis as is appropriate.
14.4. Changing Scheduled Collection routes without Approval. Changing scheduled Collection routes
without approval will result in a $2000.00 administrative charger per incident.
14.5 Failure to Clean Up Spillage. Failure to clean up spillage of any substance required to be cleaned
up by and in accordance with the City of Sebastian requirements will result in a $200.00 administrative
charge per day for each incident until the issue(s) is resolved
14.6 Failure to Complete Route. Failure to complete, either partially or totally, a route on the regular
scheduled collection day shall result in an administrative charge of $1,000 for each route per day not
completed, provided that no such fine will be charged due to an Uncontrollable Force or if the route is
more than ninety percent (90%) complete and is thereafter completed within the first five (5) hours the
very next day.
14.7 Other Performance Standards and Administrative Charges. The Contract Manager may also
levy administrative charges for all other infractions of this Agreement at $100.00 per day per incident,
beginning with the third reported incident, without regard to the percentage of customer complaints
including, without limitation:
1. Failure to provide clean, safe, sanitary Collection equipment
2. Failure to maintain office hours as required
3. Operator not licensed
4. Collection Vehicle not licensed
5. Failure to provide documents and reports in a timely and accurate manner
6. Failure to cover materials on Collection vehicle
7. Collection vehicles left standing on street unnecessarily
8. Collection employees out of uniform
9. Not providing schedule and route maps
10. Speeding, upon conviction
11. Failure to Collect Solid Waste or Commercial Solid Waste for any Customer who has been
missed more than three times per calendar year
12. Failure to respond to Customer complaints in a timely and appropriate manner
Page 21 of 27
14.9. City Repair of Damage. In the event the Franchisee fails to repair damages caused by Franchisee
pursuant to this Agreement, the Contract Manager may arrange for the repairs and impose an
administrative charge to the Franchisee for the cost of the repairs and any applicable administrative
expenses.
14.10. Payment of Administrative Charges by Franchisee. The Contract Manager shall notify the
Franchisee in writing of the City's intent to assess any administrative charges provided under this
Agreement. The Contract Manager shall provide to Contractor an itemized written list of each instance in
which Franchisee failed to meet the performance standards specified in this Agreement during the prior
month, including the nature of the failure, date, time, location, and any other available and applicable
information, with a reasonable degree of specificity as allowable under the circumstances. Such itemized
list will be provided to the Franchisee monthly, on or before the tenth (101}i) calendar day of each month.
The Franchisee shall have two (2) weeks following receipt of such list to pay the entire amount of the
Administrative Charges or to contest same as set forth herein. In the event the Franchisee wishes to
contest such assessment it shall, within ten (10) calendar days after receiving such notice, request in
writing an opportunity to be heard by the Contract Manager and present its explanation and any basis on
which the Franchisee believes any recorded failure to perform within the standards of this Agreement is
inaccurate. The Contract Manager shall notify the Franchisee in writing of any action taken with respect
to the Franchisee's claim. Franchisee may further appeal, in writing, the decision of the Contract Manager
to the City Manager, who shall conduct a review of all of the facts and circumstances, and make a
determination in writing. The decision of the City Manager will be final.
Section 15. Default
15.0 Causes of Default. The City may terminate this Agreement, except as otherwise provided below in
this section, by giving Franchisee thirty (30) days advance written notice, to be served as hereafter
provided, upon the happening of any one of the following events:
Filing of Insolvency or Bankruptcy. Franchisee shall take the benefit of any present or future
insolvency statute, 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 re -adjustment of its indebtedness under the federal bankruptcy laws or under
any other law or state of the United States or any state thereof, or consent to the appointment of a
receiver, trustee or liquidator of all or substantially all of its property;
2. Failure to Pay Franchise Fees in Violation of Section 14.0 or Administrative Charges in
Violation of Section 14.10;
Declaration of Bankruptcy. By order or decree of a Court, Franchisee shall be adjudged
bankrupt or an order shall be made approving a petition filed by any of its creditors or by any of
the stockholders of the Franchisee, seeking its reorganization or the readjustment of its
indebtedness under the Federal bankruptcy laws or under any law or statute of the United States
or of any state thereof, provided that if any such judgment or order is stayed or vacated within
sixty (60) days after the entry thereof, any notice of cancellation shall be and become null, void,
and of no effect; unless such stayed judgment or order is reinstated in which case, said default
shall be deemed immediate;
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 22 of 27
4. Control by Receiver, Trustee, or Liquidator. By or pursuant to or under authority of any
legislative act, resolution or rule or any order or decree of any Court or governmental board,
agency or officer having jurisdiction, a receiver, trustee or liquidator shall take possession or
control of all or substantially all of the property of the Franchisee, and such possession or control
shall continue in effect for a period of sixty days; or
Failure to Perform Services under Agreement. The Franchisee has defaulted, by failing or
refusing to perform or observe the terms, conditions or covenants in this Agreement or has
wrongfully failed or refused to comply with the instructions of the Contract Manager relative
thereto, whether such default is considered minor or major, and such default is not cured within
thirty (30) days of receipt of written notice by City to do so, or if by reason of the nature of such
default, the same cannot be remedied within thirty (30) days following receipt by Franchisee of
written demand from City to do so, Franchisee fails to commence the remedy of such default
within said thirty (30) days following such written notice or having so commenced shall fail
thereafter to continue with diligence the curing thereof (with Franchisee having the burden of
proof to demonstrate that the default cannot be cured within thirty (30) days, and that it is
proceeding with diligence to cure such default, and such default will be cured within a reasonable
period of time).
6. Repeated Unauthorized Collection. Franchisee has on four (4) occasions during the term of this
Agreement been found to have Collected Residential Solid Waste generated from outside the
Residential Solid Waste Franchise Area from non -Customers without the prior written approval
of the Contract Manager.
15.1. Interim Collection Services. Notwithstanding anything contained herein to the contrary, if
Franchisee fails to provide Residential Solid Waste Collection Service for a period of three (3)
consecutive scheduled Collection days, the City may obtain the Franchisee's Collection records on the
fourth Collection day to provide applicable interim Collection services until such time as the Franchisee is
again able to perform pursuant to this Agreement; provided, however, if the Franchisee is unable for any
reason or cause to resume performance at the end of ten (10) working days, all liability of the City under
this Agreement to the Franchisee shall cease and this Agreement may be deemed immediately terminated
by the City.
15.2 Habitual Violator. Notwithstanding the foregoing and as supplemental and additional means of
termination of this Agreement under this section, in the event that Franchisee's record of performance
shows that Franchisee has frequently, regularly or repetitively defaulted in the performance of any of the
covenants and conditions required herein to be kept and performed by Franchisee, in the reasonable
opinion of the City and regardless of whether Franchisee has corrected each individual default, Franchisee
shall be deemed a "habitual violator," shall forfeit the right to any further notice or grace period to correct
or cure future defaults, and all of such defaults shall be considered cumulative and, collectively, shall
constitute a condition of irredeemable default. The City shall thereupon issue a final warning letter to
Franchisee, setting forth in detail all of the facts and circumstances constituting the determination of
"habitual violator." Thereafter, any single default by Franchisee of whatever nature shall be grounds for
immediate termination of this Agreement. In the event of any such subsequent default, the City may
terminate this Agreement upon the giving of written final notice to Franchisee, such termination to be
effective on the date set forth in the final notice, and all contractual fees due under this Agreement plus
any and all charges and interest shall be payable to such date, and Franchisee shall have no further rights
under this Agreement. Immediately upon receipt of such final notice, Franchisee shall proceed to cease
any further performance under this Agreement.
Page 23 of 27
15.3. Date of Agreement Termination for Default. Except as otherwise provided in this section,
termination shall be effective upon the date specified in City's written notice to Franchisee and upon such
date this Agreement shall be deemed immediately terminated and upon such termination all liability of
the City under this Agreement to the Franchisee shall cease, and the City shall be free to negotiate with
any Person for Collection services. The Franchisee shall reimburse the City for all direct and indirect
costs of providing interim Collection service if Franchisee has defaulted (but excluding circumstances
involving Uncontrollable Forces or a Force Majeure Event).
15.4. Termination with or Without Cause. The agreement resulting from this RFP can be terminated
within thirty (30) days written notice from the City with cause if Franchisee is found to have failed to
materially perform services in a manner satisfactory to the City. The City shall be sole judge of non-
performance. Further, the agreement can be terminated by either party without cause upon one -hundred
twenty (120) days written notice by either Party. In the event of termination without cause, the Franchisee
shall be compensated for all services performed to the City's satisfaction.
Section 16. General Provisions
16.0 Survival. Except as otherwise expressly provided herein, each obligation in this Agreement to be
performed by Franchisee shall survive the termination or expiration of this Agreement.
16,1, Waiver. The failure of the City at any time to require performance by the Franchisee of any
provision hereof shall in no way affect the right of the City thereafter to enforce the same. No waiver by
the City of any breach of any provision hereof shall be taken or held to be a waiver of any succeeding
breach of such provision or as a waiver of any provision itself.
16.2. Remedies. No remedy herein conferred upon any party is intended to be exclusive of any other
remedy and each and every such remedy shall be cumulative and shall be in addition to every such
remedy given under this Agreement or now or hereafter existing at law or in equity or by statute or
otherwise. No single or partial exercise by any party or any right, power, or remedy under this Agreement
shall preclude any other or further exercise thereof. If any legal action or other proceeding is brought for
the enforcement of this Agreement or because of an alleged dispute, breach, default, or misrepresentation
in connection with any provisions of this Agreement, each party shall bear its own costs.
16.3 Governing Law and Venue. This agreement shall be governed by the laws of the State of Florida.
Any and all legal action necessary to interpret or enforce the Agreement will be held in Indian River
County and the Agreement will be interpreted according to the laws of Florida. The parties hereto
expressly waive all right to trial by jury of any dispute relating to this Agreement.
16.4 Severability. The invalidity, illegality, or unenforceability of any provision of this Agreement, or the
occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect
the validity or enforceability of any other portion or provision of the Agreement. Any void provision shall
be deemed severed from the Agreement and the balance of the Agreement shall be construed and
enforced as if the Agreement did not contain the particular portion or provision held to be void. The
parties further agree to reform the Agreement to replace any stricken provision with a valid provision that
comes as close as possible to the intent of the stricken provision. The provisions of this Section shall not
prevent the entire Agreement from being void should a provision which of the essence of the Agreement,
at the option of the City, be determined to be void.
Page 24 of 27
16.5.1 Assignment of Entire Agreement. No assignment of this Agreement or any right occurring under
this Agreement shall be made in whole by the Franchisee without the express prior written consent of the
City. The City shall have full discretion to approve or deny, with or without cause, any proposed
assignment by the Franchisee. Any assignment of this Agreement made by the Franchisee without the
express prior written consent of the City shall be null and void and shall be grounds for the City to declare
a default of this Agreement and immediately terminate this Agreement by giving written notice to the
Franchisee. Upon the date of such notice, this Agreement shall be deemed immediately terminated, and
upon such termination all liability of the City under this Agreement to the Franchisee shall cease, and the
City shall be free to negotiate with any Person for the services that are the subject of this Agreement. In
the event of any permitted assignment, assignee shall fully assume all the liabilities of the Franchisee
under this Agreement.
16.6. Modification of the Agreement. This Agreement constitutes the entire agreement and
understanding between the parties hereto and supersedes all prior and contemporaneous agreements and
understandings, representations and warranties, matters, whether oral or written, relating to such matters
and this Agreement shall not be considered modified, altered, changed, or amended in any respect unless
in writing and signed by the parties hereto. Such modification shall be in the form of an Amendment
executed by both parties.
16.7. Independence of Parties. It is understood and agreed that nothing herein contained is intended or
should be construed as in any way establishing the relationship of co-partners or joint ventures between
the parties hereto, or as constituting the Franchisee as the agent, representative, or employee of the City
for any purpose whatsoever. The Franchisee is to be and shall remain an independent contractor with
respect to all services performed under this Agreement.
16.8. Resolution of Disputes. Except as specifically provided herein, any and all disputes or
disagreements arising out of this Agreement shall be subject to the decision of the Contract Manager, with
right of the Franchisee to appeal to first the City Manager, and thereafter to the Council, whose decision
shall be final and binding. During any dispute, the Franchisee shall continue to render full compliance
with this Agreement regardless of the nature of the dispute, unless the City specifically notifies the
Franchisee otherwise.
16.9. Representation of the Franchisee. The Franchisee represents that: (a) it is a corporation duly
organized under the laws of the State of Florida; (b) this Agreement has been duly authorized, executed,
and delivered in the State of Florida; and (c) it has the required power and authority to perform this
Agreement.
16.10. Informed Consent. The Franchisee agrees that the terms of this Agreement have been completely
read, are fully understood, and are voluntarily accepted; that Franchisee affirmatively states that it has had
the benefit of advice from counsel of its own choosing before executing this Agreement; that Franchisee
has voluntarily and with full understanding executed this Agreement and accepted its terms and
conditions. The terms of the Agreement shall not be construed against either party as the "drafter" of the
document.
Page 25 of 27
16.11 Notices. All dealings, contacts, notices, and payments between the Franchisee and the City shall be
directed by the Franchisee to the Contract Manager and by the City to the Franchisee's Project Manager,
each of whom shall be designated and identified to the other party, in writing, upon execution of this
Agreement. Any notice, demand, communication, or request required or permitted under this Agreement
shall be in writing and delivered in person or sent by certified mail, postage prepaid as follows:
As to the City: City of Sebastian
1225 Main Street
Sebastian, FL 32958
Attention: City Manager
Copy to: City Attorney
As to the Franchisee: Copy To: Waste Management Inc. of Florida
CIO Deborah Perez
4310 77'h Street
Vero Beach, Fl. 32967
Notices shall be effective when received at the address as specified above. Changes in the respective
address to which such notice is to be directed may be made from time to time by written notice. Facsimile
transmission is acceptable notice effective when received, provided, however, that facsimile transmissions
received (i.e., printed) after 4:30 p.m. or on weekends or holidays, will deemed received on next day that
is not a weekend day or a holiday. The original of the notice must additionally be mailed.
16.12. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall
be deemed to be an original copy and all of which shall constitute but one and the same instrument.
16.13. Headings. Captions and headings in this Agreement are for ease of reference only and shall not
constitute a part of this Agreement nor affect its meaning, construction, or effect.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year abcvtr
written.
BY
- -
Jeae Williams
Approved
An w Mai, Interim City Attorney
Witness Signature:
Print Name:
Witness Signature:
Print Name:_
State of Florida, County of P cl W �•
Page 26 of 27
B y :
{ -
g�
Paul E. Carlisle
Franchisee:
By
Name/Title:
RES:DEN 7
(Affix Corporate Sea])
The foregoing instrument was acknowledged before me this --94day of
by = 1 `' 1. 1' L XM as ��S�V�C1�7[
of Company Name O _ k"A �C. O ('J u _ a Florida corporation,
on behalf of the same. He/she is jeersoWah ka=lto me or has produced
as identification.
(Notary Seal)
/
TELLV A,. FYUOM
Nmry ruCdc • Sta:e cf Ron&
s
n
epnwd
Cummi$*n x Hit 23%64
MY Comm. Uptrm Aur 13. 2026
threue Nadvw notary 61fn.
Page 27 of 27
Notary Signature
Printed Notary Signature
Notary Public, State of t—
f i[
Commission Number: 2.39 S-6 ?
My Commission Expires:
Exhibit "A"
City of Sebastian - Solid Waste Franchise
6% Franchise Fee excluded in all charaes
Sebastian Effective 711/2023
Commercial Non -Compacted Yardage - Detail Pricing
Pickups per Week
Size
1
2
3
4
5
6
XPU
2 - Cubic Yard
$ 92.84
$ 171.68
$ 250.53
$ 329.37
$ 408.21
$ 487.05
$ 75.00
3 - Cubic Yard
$ 139.26
$ 257.53
$ 375.79
$ 494.05
$ 612.32
$ 703.58
$ 80.00
4 - Cubic Yard
$ 185.68
$ 343.37
$ 501.05
$ 658.74
$ 816.42
$ 974.11
$ 85.00
6 - Cubic Yard
$ 278.53
$ 515.05
$ 751.58
$ 988.11
$ 1,224.64
$ 1,461.16
$ 90.00
8 - Cubic Yard
$ 371.37
$ 686.74
$ 1,002.11
$ 1,317.48
$ 1,632.85
$ 1,948.22
$ 95.00
Commercial Compacted Yardage - Detail Pricing
Pickups per Week
Sze
2 YDIComp $ 1173.00 $ 2 345.15 $ 3517.73 I $ 4 690.30 I $ 862.88 I $ 1,035.45 I $ XPU 75.00
COMMERCIAL SOLID WASTE CART AND ROLLOUT RATE - DETAIL PRICING
Pickups per
Week
Size 1
2
3
4
5
6 XPU
96 Gallon Cart $ 35.00
$ 70.00
$ 105.00
$ 140.00
$ 175.00
N/A $ 75.00
64 Gallon Cart $ 35.00
$ 70.00
$ 105.00
$ 140.00
$ 175.00
N/A $ 75.00
Rollout Service $ 15.00 $ 15.00
$ 15.00
$ 15.00 $ 15.00
N/A $ 15.00
ROLLOFF SOLID WASTE OPEN TOP CONTAINERS - DETAIL
PRICING
Container
SIZE
Pull Rate
Service Charge
115 Yard Open Top
$405.00
$142.89
120 Yard Open Top
$405.00
$142.89
130 Yard Open Top
$405.00
$142.89
140 Yard Open Top
$405.00
$142.89
120 Yard or less COMPACTION Containers Per Pull
$405.00
$142.89
121 to 40 yard COMPACTION containers Per Pull
$405.00
$142.89
ABOVE RATES ARE SUBJECT TO ADDITIONAL LANDFILL
FEES
ROLLOFF SOLID WASTE COMPACTORS - DETAIL PRICING
Container
SIZE
Pull Rate
Service Charge
117 Yard Compactor
$405.00
$142.89
120 Yard Compactor
$405.00
$142.89
130 Yard Compactor
$405.00
$142.89
140 Yard Compactor
$405.00
$142.89
lAdditional Compactor Sizes not noted above
$405.00
$142.89
Single Family Home + -
Curbside
96 Gallon Cart - Default
64 Gallon Cart - Option
36 Gallon Cart - Option
Multi -Dwelling (five (5) or more
Units) - Curbside
96 Gallon Cart - Default
64 Gallon Cart - Option
36 Gallon Cart - Option
1+ Duplex, Triplex, Quadplex
RESIDENTIAL RATES - DETAIL PRICING
On -Call Bulk
Waste, White Additonal Cart
Garbage 1x Yard Trash 1x Goods Total Quarterly Quarterly
$19.45 $0.00 $0.00 $19.45 $ 58.35 N/C
$19.45 $0.00 $0.00 $19.45 $ 58.35 N/C
jAdditional Cart $85.001
1 Lost Cart/Customer Abuse Charge $85.00 1
Note: Handicap "backdoor" service at above rates. No additional cost.
4/5/2023 9:16 AM City of Sebastian Proposal - Exhibit A v2.xlsx
Page 1