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HomeMy WebLinkAboutO-92-09 r., '.. \~.. -' ~ .. .. ORDINANCE NO.: 0-92-09 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING AN EXCLUSIVE RESIDENTIAL SOLID WASTE COLLECTION FRANCHISE TO ST. LUCIE WASTE SERVICES, INC.; PROVIDING FOR DEFINITIONS; PROVIDING FOR A FIXED TERM; PROVIDING FOR MANDATORY SERVICE BY CONTRACTOR; PROVIDING FOR A DESCRIPTION OF SERVICES TO BE PERFORMED; PROVIDING FOR RESIDENTIAL COLLECTION; PROVIDING SCHEDULES AND ROUTE REQUIREMENTS; PROVIDING OTHER PROVISIONS; PROVIDING FOR PAYMENT OF FRANCHISE FEE TO CITY; SETTING RATES; PROVIDING FOR FORFEITURE; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR ATTORNEYS I FEES AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the city Council of the City of Sebastian, Florida, has determined that it is in the best interests of the City to grant a solid waste collection franchise to an independent solid waste collection service; and WHEREAS, the City has, through acceptance of pUblic bid proposals, determined that st. Lucie Waste Services, Inc. will provide the required service in the City of Sebastian for the most cost effective price; and WHEREAS, the City Council has determined that the best interests of the citizens of City of Sebastian will be served by granting an exclusive franchise to st. Lucie Waste Services, Inc. for the purpose of solid waste collection services. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: section 1. GRANTING OF FRANCHISE. st. Lucie Waste Services, Inc., (the "Contractor") is granted the exclusive right, 9,1.0D7 privilege, and/or franchise to operate upon, over and across the streets, alleys, bridges, and other public thoroughfares of the city of Sebastian (the "city") for the purpose of cOllecting, removing and disposing of solid waste material from residential customers in the city of Sebastian subject to the terms, conditions and exceptions herein. Section 2. DEFINITIONS. A. Residential: the word "residential" shall mean and include all "residential customers," consisting of single family homes, mUlti-family units, individual mobile homes and other living units. MUlti-family units and mobile home parks with centralized collection facilities, i.e., dumpsters, etc., and collection containers in excess of three (3) cubic yards are considered commercial service and not covered under this Agreement. B. Contractor: the word "contractor" refers to St. Lucie Waste Services, Inc. C. Curbside: the word "curbside" is defined as that portion of the street right-of-way paralleling any public thoroughfare between the curb line and abutting property line. If a ditch bisects the property and thoroughfare, the curbside then becomes the roadside of the ditch. D. Garbage: the word "garbage" shall mean every refuse accumulation of animal, fruit or vegetable matter that attends the preparation, use, cooking and dealing in or storage of edibles, which is subject to decay, putrefaction and the generation of noxious or offensive gases or odors, or which, during or after - 2 - decay, may serve as breeding or feeding material for flies or other germ-carrying insects. E. Garbage Can or Receptacle: the words "garbage can" or "receptacle" shall mean a container of not greater than thirty- five (35) gallon capacity which shall be free of jagged or sharp edges and shall be watertight and of impervious material, provided with tight-fitting cover suitable to protect the contents from flies, insects, rats and other animals, fitted with two handles by which it may be lifted, and which shall not have any inside structure, such as inside bands or reinforcing angles, or anything within that would prevent the free discharge of the contents. Such "receptacle" may also be a waterproof bag liner, which can be safely and securely closed, and which is a type approved by the collector and the city. F. Hazardous Waste: the words "hazardous waste" shall be defined as hazardous under the Resource Conservation and Recovery Act, 42 U.S.C. S1002, as amended, or regulated as toxic under the Toxic Substances Control Act, 15 U.S.C. S2601, as amended, or under regulations promulgated thereunder or defined as hazardous under the Florida Administrative Code Chapter 17-30 or any other applicable state or local law or regulation. G. Solid waste: the words "solid waste" shall be a general term which includes the specific terms garbage, trash, and household junk, but which does not include hazardous waste, industrial or special waste. - 3 - . " H. Trash: accumulation of lawn, grass, or shrubbery cuttings, or clippings and dry leaf rakings, palm fronds, small tree branches, (shall not exceed four (4) feet in length and four ( 4 ) inches diameter), bushes, or shrubs, green leaf cuttings, coconuts, fruits, or other matter usually created as refuse in the care of lawns and yards. section 3. TERM. The term of this franchise shall be for a period of three (3) years from the effective date. section 4. MANDATORY SERVICE. Each residential customer within the city shall be provided with solid waste pick-up and removal services. The residential customer may avail themselves of the available service if desired. Industrial waste and special waste accounts shall be serviced only upon the execution of individual agreements between collector and the customer. The collector shall obtain title to conforming solid waste at the time it is collected. Section 5. DESCRIPTION OF SERVICES. 5.1 Contractor shall provide exclusive residential solid waste collection services within the city limits of the city of sebastian. The contract must include all specified services; no partial or split service will be permitted. The contractor will be responsible for both the billing and collection of solid waste fees and has the right to discontinue services to customers for non-payment. 5.2 It is the responsibility of the contractor to become familiar with and to determine the nature and conditions affecting - 4 - . " the collection and disposal of residential solid waste in the city of Sebastian. The contractor is responsible for determining the impact and complying with the Florida Solid Waste Management Act. 5.3 The contractor shall provide at his/her own expense, all labor, insurance, supervision, machinery and equipment, plant building, trucks and any other tools, equipment, accessories and things necessary to maintain the standard of collections and disposal set forth herein. 5.4 The contractor shall conduct his/her work in such a manner as to avoid damage to adjacent private or pUblic property and shall operate with due care in the vicinity of such utilities, and shall immediately repair or have repaired, at no additional cost to the owner, any breakage or damage caused by its operation. The contractor shall immediately notify the Public Works Director of such damage and shall advise of corrective action taken or to be taken. 5.5 The contractor shall not litter or cause any spoilage to occur upon the premises or the rights-of-way wherein the collection shall occur. The contractor may refuse to collect any solid waste that has not been placed in a garbage can or receptacle as provided herein, and shall provide the proper notification to the property owner specifying corrective action. During hauling, all solid waste shall be contained, tied, or enclosed so that leaking, spilling, and blowing is prevented. In the event of any spillage caused by the contractor, the contractor shall promptly clean up all spillage. - 5 - ,. . .' 5.6 All solid waste shall be hauled to those sites or facilities maintained by the county, or other approved facilities within Indian River County. 5.7 The additional quantity of refuse generated by the influx of seasonal visitors and residents will not be a justification for the contractor to fail to maintain the required collection schedules, routes and levels of services. 5.8 This Franchise Agreement does not create a mandatory trash collection service for all city residents. Section 6. RESIDENTIAL COLLECTION SERVICE. 6.1 The contractor shall have the exclusive right to collect and dispose of all solid waste, except infectious waste, hazardous waste, biohazardous waste, biological waste and sludge, from all Residential Customers. Residential Customers consist of single family homes, mUlti-family units, individual mobile homes and other living units. MUlti-family units and Mobile Home Parks with centralized collection facilities, 1. e., dumpsters, etc., and collection containers in excess of three (3) cubic yards are considered commercial service and not covered under this Agreement. 6.2 The contractor shall collect solid waste from places of residence within the contract collection area at least two (2) times per week, with collections at least three (3) days apart. In addition to the solid waste collection, yard trash pickups will be made on one specified and published day per week. All yard trash must be bundled or in reusable containers. Grass clippings and small branches, etc., must be in biodegradable paper bags or - 6 - . " other reusable containers. Yard trash contained in plastic bags will not be picked up. Yard trash must be separated from all other refuse. Household furniture need not be containerized and will be picked up with regular trash collection service. Household appliances will be picked up at no additional charge on a one week on call basis and must be recycled at the appropriate locations. 6.3 Collection shall begin no earlier than 7:00 a.m., and shall cease no later than 6:00 p.m., Monday through Friday. In the case of an emergency, collection may be permitted at times not allowed by this paragraph, provided the contractor has received prior approval from the City Manager or his/her designee, to be later evidenced by a written memorandum confirming the approval. No collection shall occur on Sundays or holidays except in a time of emergency. Special pickups may be requested by customers at additional cost which shall be billed by the contractor. 6.4 Collections of residential waste shall be at curbside or right-of-way. In the event an appropriate location cannot be agreed upon, the City Manager shall designate the location. Any costs associated with identification of contractor's customers is to be borne solely by the contractor. Such identification may be in a form of stickers or other medium affixed to the trash receptacles, etc., or other form of identification but not to exceed 5" X 7" in size. - 7 - .' 6.5 The contractor shall be required to pick up all residential refuse which has been properly prepared and stored for collection. All garbage, ashes, and rubbish shall be placed in a garbage can not larger than 35 gallons, or in such other approved receptacle and shall be placed at curbside or at such other single collection points as may be agreed upon by the contractor and the customer. 6.6 The contractor shall make collections with a minimum of noise and disturbance to the householder. Any garbage or trash spilled by the contractor shall be picked up immediately. Garbage cans or receptacles shall be handled carefully by the contractor, shall not be bent or otherwise abused, and shall be thoroughly emptied and then left at the proper point of collection. 6.7 The contractor shall collect trash from normal maintenance of vacant lots that are within the city in the same manner as the collection from residences. It will not be the responsibility of the Contractor to remove trash resulting from clearing property for building purposes. If it is the practice of the area residents to place their yard trash or solid waste in the right-of-way of a vacant lot, that waste shall also be collected in the same manner as the collection from residences. Section 7. SCHEDULES, ROUTES, STORMS AND HOLIDAYS. 7.1 The contractor shall provide the city with schedules for all collection routes and keep such information current at all times. If any change in the collection routes occurs, then the city shall be immediately notified in writing. The city Manager - 8 - shall approve all permanent changes in routes or schedules that alter the day of pick up. Upon approval by the city Manager, the contractor shall publish in a newspaper of general circulation in Indian River County at least seven (7) days prior to the effective date of such route or schedule changes. The cost of publication shall be borne solely by the contractor. In addition the contractor shall be responsible for advertising all route and collection information in a newspaper of general circulation in Indian River County at least twice per year, on or about the 1st of March and the 1st of September of each year, the cost of which is to be borne solely by the contractor. 7.2 In case of a storm or hurricane, the city Manager or his/her designee may grant the contractor reasonable variance from regular schedules and routes. As soon as practicable after such storm, the contractor shall advise the city Manager and the customer of the estimated time required before regular schedules and routes can be resumed. In the case of a storm where it is necessary for the contractor and the city to acquire additional equipment and to hire extra crews to clean the city of debris and refuse resulting from the storm, the contractor shall be required to work with the city in all possible ways for the efficient and rapid cleanup of the city. The contractor shall receive extra compensation above the Contract Agreement for additional labor, overtime, and cost of rental equipment, provided he has first secured prior written authorization from the city Manager or his/her designee. The total cost for such service shall be based - 9 - " . , on rates jointly agreed to in advance by the city Manager or his/her designee and the contractor. in the event of such storm or hurricane emergency, the city reserves the right to assign route or pick-up priorities as deemed necessary by the city Manager. 7.3 The city agrees to exempt residential collection from the normal collection schedule on the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day and Christmas Day. These holidays will be indicated in the initial public notice to customers in a local newspaper of general circulation. The contractor will be excused from trash pickup these days and will not be required to make up the lost pickup day. 7.4 The contractor shall have on hand at all times and in good working order such equipment as shall permit the contractor to adequately and efficiently perform its contractual duties. The equipment shall be of the enclosed loader packer type and all equipment sha II be kept in good repa ir , appearance, and in a sanitary and clean condition at all times. section 8. OTHER PROVISIONS. 8.1 The contractor shall comply with all applicable city, state and Federal laws as to wages, hours, and all other applicable laws relating to the employment or protection of employees, now and hereafter in effect. 8.2 The contractor is required and hereby agrees by execution of this Franchise Agreement to pay all employees not less than the federal minimum wage and to abide by other requirements as - 10 - established by the Congress of the United states in the Fair Labor Standard Act as amended and changed from time to time. 8.3 No person shall be denied employment by the contractor for reasons of race, sex, national origin, creed, age, physical handicap, or religion. 8.4 There will be no changes in rates for the duration of the initial twelve month period. Adjustments to rates in subsequent years will be supported by changes in the costs of property taxes, disposal charges and fuel charges. All changes in rates supported by fuel charges will be limited to charges in a nationally recognized fuel index with 1992 used as a base period. Reductions in costs must be reflected in any rate changes. All petitions for rate changes must be approved in advance by the City Council and evidenced by corroborative evidence reviewed and approved by the City Manager. 8.5 The contractor shall pay the City of Sebastian a gross receipts franchise fee, according to the schedule set forth in Section 9 of this Ordinance, and agrees all contractor's records will be available for inspection with reasonable notice and during regular business hours, to support the franchise fee. This franchise fee will be six percent (6%) of the contractor's gross receipts. The approved rate as set forth in Section 10 of the Ordinance shall reflect the total rate to the customer without adjustment for the franchise fee. 8.6 The contractor shall prepare, in accordance with format approved by the City, and maintain a register on all complaints .., \. and indicate the disposition of each complaint. Such record shall be available for the city to inspect at all times during business hours . Unresolved customer complaints without valid cause is considered a violation of this Franchise Agreement. 8.7 The contractor shall obtain" at his/her own expense, all permits and licenses required by law or Ordinance and maintain the same in full force and effect. 8.8 Upon the City's acceptance of this Franchise Agreement, the contractor shall notify the general pUblic and all residential service customers that the contractor will be providing exclusive trash pickup services within the city of Sebastian. Contractor shall supply necessary information to begin service to prospective customers, and shall publish the days of pickup, holidays when no service will be provided, general rate structure, and general information to provide a smooth transition from the current service to the new exclusive service. Such notice shall be in a local newspaper of general circulation in Indian River County, twice prior to beginning services, and in two consecutive months after service begins. 8.9 A copy of the general liability insurance policy shall be filed with the city Clerk of the city of Sebastian and proof of premium payments shall be submitted to the Clerk during the term of this franchise, including any extensions. The general liability policy shall contain liability limits of not less than $100,000.00 per person and $300,000.00 per occurrence. - 12 - 8.10 The company will maintain and operate its residential trash collection service in accordance with the laws of the state of Florida and the rules, regulations, and Franchise Ordinances as are or may be set forth by the Council from time to time. Failure of the contractor to promptly and faithfully keep, perform, and abide by each and all of the terms and conditions of the franchise and rules and regulations as set forth by Council shall constitute a violation of the Franchise Agreement and may be terminated by the city as specified in the Franchise Agreement. 8.11 Access to Company Records. The City shall have access at all reasonable hours to all of the Company's contracts, accounting, financial, statistical, consumer, and service records relating to the operation of the Company and to all other records required to be kept by the Company, and the Company shall file such accounting reports and data with the city when required. Section 9. PAYMENTS TO CITY. Beginning with the effective date of this Agreement, pursuant to section 8.5 of this Ordinance, the contractor shall pay to the City, within thirty (30) days of each preceding billing period, an amount equal to six percent (6%) of the contractor I s gross receipts for the preceding billing period. Failure to remit the required payment to the City shall be cause for termination of this grant. Section 10. RATE. The rates charged by the contractor for the services hereunder shall be fair and reasonable and designed to meet all necessary costs of the service, including a fair, greater return on the net valuation of its properties devoted under - l3 - ." efficient and economical management. The company agrees that it shall be subject to all authority now or hereafter possessed by the city or any other regulatory body having competent jurisdiction to affix, adjust, reasonable and compensatory rates. When this franchise takes effect, the company shall have authority to charge and collect, not to exceed the following schedule of rates which shall remain effective until changed or modified as herein provided, to wit: Monthly Garbage Rates: Monthly garbage rates shall be $6.12 per month, per residential customer. Section 11. FORFEITURE. The failure on the part of the grantee to comply in any substantial respect with any of the provisions of this Ordinance, shall be grounds for forfeiture of this grant. section 12. CONFLICT. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 13. CODIFICATION. It is the intention of the city Council of the city of Sebastian, Indian River County, Florida, and it is hereby provided that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the city of Sebastian, Florida; that the sections of this Ordinance may be renumbered or relettered to accomplish such intention; and the word "Ordinance" may be changed to "Section," "Article" or other appropriate designations. Section 14. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of - 14 - ~. . , this Ordinance shall not be affected and it shall be presumed that the city Council of the city of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 15. ATTORNEYS' FEES. Should it become necessary for the city to initiate legal or other proceedings to enforce the terms of this Ordinance, the prevailing party shall be entitled to recovery of reasonable costs and attorneys' fees. Section 16. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption. The contractor, by and through its authorized agent, hereby acknowledges that it has read all terms, provisions, and conditions as set forth herein. The undersigned further acknowledges that it is sophisticated in the matters set forth in this contract and has had full opportunity to review, and seek independent legal advice with regard to all matters set forth herein. Accordingly, the contractor hereby accepts and agrees to all terms set forth in this Agreement. ST. LUCIE WASTE ICES, INC. By: The f~e:ojng Ordinance was moved for adoption by Councilman ~4~ The motion was seconded by - 15 - . .. . f...... . .. . Councilman '~J .i: the vote was as ;~~s: and, upon being put to a vote, Mayor Vice-Mayor Frank Oberbeck Councilman Peter R. Holyk Councilman George G. Reid Councilman The Mayor thereupon adopted this JfJ...Jt day of declared this n1aAtL I Ordinance duly passed and , 1992. - ~.TTEST: l;_.~O'dza4c'~ . O'Halloran, CMC/AAE I HEREBY' CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by state statute, that one pUblic hearin~~asA/held on this Ordinance at 7:00 p.m. on the~5+b day of 46..Ar./'o- , 1992, and that following said public hearing this Ordinance was passed by the city Council. APpro&v Charles Ian Nash, city Attorney Form and Content: - 16 -