HomeMy WebLinkAboutR & R Corp Sys-dba Capital Sanitation 1995Agreement
This agreement, made this 14th day of June, 1995, by and
between R & R Corporate Systems,- Inc. d/b/a Capital Sanitation,
Inc., (hereinafter referred to as the "Contractor") and the City of
Sebastian, Indian River County, Florida, (hereinafter referred to
as the "City") ;
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 R & R Corporate Systems,Inc.d/bja,[
Capital Sanitation 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 R & R Cor.~orate Systems,Inc.
~/b~aJ Capital Sanitation for the purpose of solid waste
collection services.
NOW, THEREFORE, IT IS AGREED BY THE CONTRACTOR AND CITY AS
FOLLOWS:
Section 1. GRANTING OF FRANCHISE. B & R Corporate
Systems,Inc.dJb/a Capital Sanitation, the "Contractor") is
granted the exclusive right, 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. City: means the City of Sebastian, Florida.
B. City Manager: means the City Manager of the City of
Sebastian, Florida or his duly authorized representative.
C. Contractor: the word "contractor" refers to R&R
Corporate Systems,,,nc. b/a/ Capital Sanitation.
D. Cover: means any device, equipment, tarpaulin, chain,
rope, wire or line used on vehicles to prevent the contents, or
any par of such vehicles'load, from sifting, blowing. leaking,
falling or otherwise being discharged, disbursed or escaping from
such vehicles.
E. 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.
F. Disposal: means the discharge, deposit, injection,
dumping, burying, spilling, scattering, leaking, storing or
placing of any solid waste into or upon any land or water so that
such solid waste or any constituent thereof may enter other lands
or be emitted into the air, discharged into any waters, including
groundwaters, or otherwise enter the environment, except as
specifically authorized by the City.
G. Dump: means to throw, discard, place, deposit, dispose
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or bury any solid waste into or upon any land or water, except
as specifically authorized by the City.
H. 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 decay, may serve as breeding or feeding material
for flies or other germ-carrying insects.
I. 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.
J. Hazardous Waste: the words "hazardous waste" shall be
defined as hazardous under the Resource Conservation and Recovery
Act, 42 U.S.C. §1002, as amended, or regulated as toxic under the
Toxic Substances Control Act, 15 U.S.C. §2601, as amended, or under
regulations promulgated thereunder or defined as hazardous under
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the Florida Administrative Code Chapter 17-730 or any other
applicable state or .local law or regulation.
R. Litter: means any solid waste identified as garbage,
can, bottle, box, container, paper, tobacco product, tire,
appliance; mechanical equipment or part, construction or demolition
material, tool, machinery, wood, motor vehicle or motor vehicle
part, vessel, aircraft, farm machinery or equipment, sludge from a
waste treatment facility, water supply treatment plant, or air
pollution control facility, or substance in any form resulting from
domestic, industrial, commercial, mining agricultural or
governmental operations.
L. 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.
M. Residential Improved Real Property: means all improved
real property used for either a multifamily residence, or a single
family residence, including trailer parks.
N. Single-Family Residence: means any building or structure
designed or constructed for and capable of use as a residence for
one family regardless of the type of structure. Such term includes
a mobile home or trailer erected on a parcel of property owned and
offered for sale under the condominium concept of ownership or on
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a separate parcel of property not included within the definition of
trailer park.
O. 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.
P. 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.
Q. White Goods: means any inoperative and discarded
refrigerators, ranges, washers, water heaters, and other similar
domestic and commercial appliances.
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.
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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
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.
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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.
5.6 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 BERVICE.
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
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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.
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 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
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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.
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
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right-of-way of a vacant lot, that waste shall also be collected in
the same manner as the collection from residences.
Section 7. BCHEDIILES, ROIITES, 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. The City Manager shall approve all collection routes. If
any change in the collection routes occurs, then the City shall be
immediately notified in writing. The City Manager shall approve
all permanent changes in routes or schedules. Upon approval of the
routes 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 April and the 1st of October 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
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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
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. The Contractor will reduce the customer's
monthly bill for any lost pick up days which a customer may
suffer.
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
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equipment shall be kept in good repair, 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 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 three year
term of this contract period, unless City Council consents in
writing to such change. Adjustments to rates after the first year
will be considered only if there is clear evidence of an increase
in the costs of property taxes, disposal charges or fuel charges.
All changes in rates supported by fuel charges will be limited to
charges in a nationally recognized fuel index with 1994 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 documents reviewed
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and approved by the City Manager. All required financial
information submitted to the City must conform to generally
accepted accounting principals (GAAP) and prepared by an
independent certified public accountant. The contractor at its
expense must furnish rate information when seeking an increase
which has been audited by an independent certified public account.
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 Agreement, 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
Agreement shall reflect the total rate to the customer without
adjustment for the franchise fee.
8.6 The contractor shall perform a service of high quality
and keep the number of legitimate complaints to a minimum. In
order that the City may be informed of the quality of service, the
contractor agrees to maintain a record of all complaints for
inspection by the City. The contractor agrees to furnish a monthly
report listing the name and address of each person complaining, the
nature of the complaint, and the disposition of each complaint.
All complaints whether received in person, by mail or telephone,
shall be recorded in triplicate, one (1) copy to go to the City and
two (2) copies to be retained by the contractor. Complaints
received before 12:00 noon each day shall be serviced by 5:00 P.M.
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that day. Complaints received after 12:00 noon shall be serviced
before 12:00 noon the following calendar day. For each month in
which the number of legitimate complaints reaches ten (10) or more
for any cause the City shall be entitled to claim liquidated
damages of Ten Dollars~($10.00) per complaint. Each complaint
shall be considered legitimate unless satisfactory disposition of
the complaint is furnished. The decision of the City Manager as to
the legitimacy of any complaint shall be considered final. The
failure of the contractor to resolve customer complaints without
valid cause is considered a material breach of this Franchise
Agreement and may subject the contractor to the cancellation of the
Agreement.
8.7 Prior to the effective date of this agreement, 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
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prior to beginning services, and in two consecutive months after
service begins.
8.9
A. The contractor shall furnish to the City evidence of
insurance coverage for all insurance required under the provisions
of this section of this Agreement immediately upon the execution of
this Agreement by the parties. Failure of the contractor to
maintain said insurance at any time during the term of this
Agreement by the contractor, shall be construed to be a material
breach of the Agreement by the contractor.
B. The contractor shall provide and maintain during the term
of this Agreement such worker's compensation insurance as required
by law for all of its employees employed in connection with the
performance of the work provided for under this Agreement.
C. The contractor agrees to indemnify and save harmless the
City from any and all liability, claims, damages, losses, expenses,
proceedings and causes of action of every kind and nature arising
out of or connected with the performance of his duties provided for
under this Agreement. The contractor further agrees to, at its own
expense, defend any and all actions, suits or proceedings which may
be brought against the City in connection with the performance of
its duties under this Agreement and to satisfy, pay and discharge
any and all judgments that may be entered against the City in any
such action or proceedings.
The contractor agrees to provide and maintain at all times
during the term of this Agreement, without cost or expense to the
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City, policies of insurance generally known as "public liability
policies," insuring the contractor against any and all claims,
demands or causes of action whatsoever for injuries received or
damage to property relating to the performance of the duties of the
contractor under the terms and provisions of this Agreement. Such
policies of insurance shall insure the contractor in an amount not
less than Three Hundred Thousand Dollars ($300,000.00) to cover any
and all claims connected with any accident or occurrence that may
arise or be claimed to have arisen against the contractor. The
contractor shall also obtain property damage insurance insuring the
contractor in an amount not less than Three Hundred Thousand
Dollars ($300,000.00) to cover the claims of any person or persons
from a single or specific act that results in alleged damage to
property. The contractor agrees to provide and maintain at all
times under this Agreement motor vehicle public liability insurance
in an amount of not less than Three Hundred Thousand Dollars
($300,000.00) to cover the claims of one person, and Three Hundred
Thousand Dollars ($300,000.00) per incident.
Said insurance policies shall provide that the City shall be
entitled to thirty (30) days written notice of any changes or
cancellations in said policies. A certificate of insurance
indicating that the contractor has coverage in accordance with the
requirements of this Agreement shall be furnished by the contractor
to the City Manager within ten (10) days from the date of execution
of this Agreement.
8.10 The company will maintain and operate its
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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. 8.12
The contractor may be held in default of the Agreement in the event
the contractor:
(1) Fails to perform the collections required by this
Agreement and appears, to the City Manager, to have
abandoned the work, or to be unable to resume performance
within forty-eight (48) hours; or
(2) Has failed on three (3) or more occasions of three (3)
working days duration in any year, to perform the
collections required by the Agreement; or
(3) Repeatedly neglects, fails, or refuses to comply with any
of the material terms of the Agreement, after having
received notice of its obligation to so comply.
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Proceedings under this section are in addition to the remedies
described in Section 8.4 for the breach of their respective
requirements.
To initiate proceedings under this section, the City Manager
shall first request the City Council to declare the contractor in
default.
Within three (3) working days after its receipt of such a
request, the City shall give notice to the contractor, its surety,
and the City Manager of the location, time, and date within the
following seven calendar days of a public hearing at which the
contractor may show cause why it should not be declared in default.
In the event the contractor fails to show, to the satisfaction of
the City, cause why the contractor should not be declared to be in
default, the City Council shall make such declaration.
In declaring the contractor to have defaulted on the
Agreement, the City may also order the contractor to discontinue
further performance of work under the contract and transfer the
obligation to perform such work from the contractor to the Surety
on the contractor's performance bond and take any other action it
deems advisable.
8.13 PERFORMANCE BOND.
The contractor shall provide a contractor's performance and
payment bond in the amount of Two Hundred Fifty Thousand Dollars
($250,000.00) with a surety company acceptable to the City as
surety, which bond shall be conditioned that such contractor shall
faithfully perform all of the provisions of this Agreement and pay
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all laborers, mechanics, subcontractors, materialmen, and all
persons who shall supply such contractor or subcontractors with
provisions and supplies for the performance of this Agreement; and
shall perform work or services, or furnish material to any
subcontractor, shall have the same right under the provisions of
such bond as if such works, services or material was furnished to
the original contractor, and shall contain appropriate recitations;
(1) that is issued pursuant to this section of this Agreement; and
(2) that any condition or limitation in such bond which is in
conflict with the conditions and requirements of this section is
void.
In lieu of the Performance Bond required herein the contractor
may enter into an Agreement with the City, drafted to the
satisfaction and approval of the City Attorney and the City
Manager, that the contractor shall make a deposit to an escrow
account in a bank approved by the City, in cash or in negotiable
government securities equal at all times in market value to the
face amount of the bonds. Such Agreement shall provide that the
cash or negotiable securities may be claimed by the City Manager,
under the same circumstances as provided for use of the Performance
Bond. The bond or the cash or security deposit shall remain in
effect for the initial term of the Agreement, and for the renewal
period.
8.14 Upon receipt of a notice that the work has been
transferred to the surety with termination of the Agreement, the
surety shall take possession of all materials and equipment
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described in the most recent inventory submitted to the City
Manager pursuant to Section 8.16 of the Agreement, for the purpose
of completing the work under the Agreement; employ, by contract or
otherwise, any person and all persons needed to perform the work;
and provide materials and equipment required therefore. Such
employment shall not relieve the surety of its obligations under
the Agreement and the bond. If there is a transfer to the surety,
payments shall be made to the surety or its agent for all work
performed under the Agreement subsequent to such transfer, in
amounts equal to those that would have been made to the contractor
had it performed in the manner and to the extent of the surety's
performance and the contractor shall have no claim upon the same.
In the event the surety on the contractor's performance bond
fails to assume or continue performances within forty-eight (48)
hours after its receipt of notice that the work has been
transferred to such surety, the contractor shall lease, sublease or
otherwise license the City to use all, or whatever portion is
desired by the City, of the materials and equipment described on
the most recent inventory submitted to the City Manager pursuant to
Section 8.16 of the Agreement, for collection purposes for a period
of up to six (6) months following the date of the declaration of
default by the City Council without requiring the City to execute
any other document whatsoever to accomplish such lease, sublease or
license and without requiring the City to post any bond, pledge,
deposit or other security for such equipment and materials, but
upon the condition that the City pay for the equipment and
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materials actually used for such collection a market rental that is
not greater than the monthly lease, in the event such property is
leased by the contractor; the periodic installment in the event
such property is being acquired under a purchase contract; or the
periodic interest and principal, in the event such property is
being acquired under a financing arrangement; provided that under
no circumstances shall the City be liable during its use of such
property for any arrearages, balloon payment, accrued interest,
accelerated charges in the event of a default or other
extraordinary payment; nor shall the satisfaction thereof be a
condition of the City's interim use of such property; provided
further that such lease, sublease or license shall be suspended on
the date the surety on the contractor's bond or its agent accepts
the transfer of work under the Agreement.
In the event the City secures the performance of work under
the Agreement at a lesser cost than would have been payable to the
contractor had the contractor performed the same, the City shall
retain such difference; but in the event such cost to the City is
greater, the contractor and its surety shall be liable for and pay
the amount of such excess to the City.
All payments due the contractor at the time of default, less
amounts due the City from the contractor; shall be applied by the
City against damages suffered and expense incurred by the City by
reason of such default; any excess shall be paid to the contractor
except as provided in the Agreement.
Notwithstanding the provisions of this section, a delay or
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interruption in the performance of all or any part of the Agreement
resulting from changes ordered in the work, from labor disputes, or
from other causes beyond the contractor's control, shall not be
deemed to be a default and the rights and remedies of the City
provided for herein shall be applicable.
8.15 If the contractor fails to be at work at the time
specified, persistently disregards laws, ordinances or instructions
of the City Manager, or repeatedly fails to provide sufficient
reserve workmen and equipment to insure the proper completion of
the residential work by 6:00 P.M. each day, or performs the work
unsatisfactorily or fails to collect refuse on a regular schedule,
or discontinues the prosecution of the work without authorization
by the City, or becomes insolvent or declares bankruptcy or commits
any act of bankruptcy or insolvency, or allows final judgment
rising out of performance of the Agreement to stand against it
unsatisfied for a period of ten (10) days, the City will consider
such action a breach of Agreement and give notice, in writing by
registered mail, to the contractor and its surety of such breach.
If the contractor or its surety, within ten (l0) days after
such notices, does not proceed to take over and complete the work
under the orders of the City Manager, then the City Manager,
because of the breach of Agreement, shall have full power and
authority, without violating the Agreement or bond to take over the
completion of said Agreement according to the terms and provisions
thereof, or to use such other methods as in his opinion may be
required for the completion of said Agreement in an acceptable
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manner. Furthermore, after the issuance by the City of its notice
of intention to terminate the Agreement, the contractor shall not
remove from its normal, daily workplace in the City any of the
equipment listed on the inventory approved by the City Manager in
accordance with Section 8.16 of this Agreement until arrangements
to continue the work, by Agreement, by surety, or otherwise, have
been completed by the City.
For all costs, charges and damages incurred by the City,
together with the costs of completing the work, the contractor and
its surety shall be liable, and such costs may be deducted form any
monies due or which may become due the contractor. Should the City
incur any attorney's fees to seek enforcement of any of the
provisions in this Agreement and prevails, the contractor and its
surety shall be liable for those fees, and such expense may be
deducted from any monies due or which may become due to the
contractor. In case the expense incurred by the City is less than
the sum which would have been payable under the Agreement if it had
been completed by the contractor, then the contractor and its
surety shall be liable and shall pay the City the amount of said
excess.
8.16
A. The contractor shall provide sufficient equipment to
maintain regular schedules of collection and to promptly and
efficiently perform its duties under this Agreement. The
contractor shall provide to the City Manager, prior to the start of
work under this Agreement, an inventory showing each type of
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vehicle (type, capacity, approximate age) used for performing work
under this Agreement. The City Manager shall have the authority to
inspect the vehicles on such inventory list and reject an
unsuitable replacement. The contractor shall attach to such
inventory a copy of each contract, lease, or other document that
encumbers or limits the contractor's interests in such property.
The contractor may change equipment from time to time and shall
revise the inventory and the attachments thereto, accordingly;
however, in no event shall the number of vehicles be less than the
number of vehicles shown on the inventory provided prior to start
of work under this Agreement. The contractor shall maintain a
vehicular fleet during the performance of work under this Agreement
at least equal to that described in the inventory.
The contractor shall describe on an attachment to the required
inventory the service yards or contracts to be used in maintaining
vehicles and equipment. The contractor shall give notice to the
City Manager as to any material changes that might affect the
performance of work under this Agreement immediately after becoming
aware of the same and shall make suitable remedial arrangements
when needed.
B. Equipment is to be maintained in a reasonably clean and
safe working condition and be painted uniformly according to
standards maintained from time to time by the City Manager.
Equipment shall contain the name of the contractor and the truck
number or code established by the City Manager printed in letters
not less than three (3) inches high on each side of the vehicles.
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A record shall be kept of the vehicle to which each number is
assigned. No advertising shall be permitted on the vehicles.
Each vehicle used for the collection of solid waste shall have
a fully enclosed, metal top and shall be watertight to a depth of
not less than (12) inches and shall contain metal sides, and use
pneumatic tires. However, the City Manager shall have the
authority to waive the requirement of a fully enclosed, metal top
in the event of an emergency. As an alternative to a fully
enclosed metal top for use in garden trash collection, said vehicle
may be equipped with a cover which may be a net with mesh not
greater than one and one-half (1 2) inches, or tarpaulin, and such
cover shall be kept in good mechanical order and used to cover the
load in traveling to, from and during the loading operation or when
parked if the contents are likely to be scattered if not covered.
Vehicles shall not be overloaded so as to scatter solid waste,
but when solid waste is scattered from a contractor's vehicle for
any reason, it shall be the responsibility of the contractor to
immediately pick up such scattered solid waste. Each truck shall
be equipped at all times with a shovel and a broom for the
collection of spilled refuse.
Vehicles are to be washed thoroughly on the inside and
sanitized with a suitable disinfectant and deodorant at such times
as established by the City Manager from time to time in order to be
maintained in a clean and sanitary condition and all vehicles are
to be washed on the outside at least weekly.
The contractor's vehicles are not to interfere unduly with
25
vehicular or pedestrian traffic and vehicles are not to be left
standing on streets and alleys unattended.
8.17 The following acts or omissions shall be considered a
breach of the Agreement and for the purpose of computing damages
under the provisions of this Section, it is agreed that the City
Manager may obtain from the contractor the following amounts as
liquidated damages.
1. Collection of residential solid waste prior to 7:00 A.M.
or after 6:00 P.M.
$5.00 each case.
2. Legitimate Complaints - Section 8.6 (Over ten (10) per
month).
$10.00 each additional legitimate complaint.
[See Section 8.6]
3. Failure to clean vehicles and maintain in good working
condition.
$24.00 each vehicle [See Section 8.16]
4. Failure to keep vehicles closed or covered.
$25.00 each vehicle. [See Section 8.16]
5. Loaded vehicles left standing on the street
unnecessarily.
$25.00 each vehicle. [See Section 8.16]
6. Failure to maintain schedule established and given as a
requirement of this Agreement, in writing to the public
and the City.
$25.00 per violation of route schedule .
26
[See Section 7.1]
7. Failure to respond to complaints as required by this
agreement.
[See Section 8.6]
8.18 No assignment or subletting of all or any portion of the
work under this Agreement shall be permitted except with the
written approval of the City. The contractor alone, subject to the
provisions of its performance bond, shall be held responsible for
the full and faithful performance of this Agreement.
8.19 The contractor shall provide, at its own expense, a
suitable office located within the City of Sebastian and shall
maintain office hours from 8:00 A.M. to 5:00 P.M., Monday through
Friday. In addition, the contractor shall designate a
representative for emergency and complaint calls during the entire
week, excluding the hours 5:00 P.M. Saturday through 8:00 A.M.
Monday.
Section 9. PAYMENTS TO CITY.
Beginning with the effective date of this Agreement,
pursuant to Section 8.5 of this Agreement, 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's
gross receipts for the preceding billing period. Failure to remit
the required payment to the City shall be cause for termination of
this franchise.
Section 10. RATE.
The rates charged by the contractor for the services
27
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 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 $6.30
per month, per residential customer.
Section il. FORFEITIIRE.
The failure on the part of the contractor to comply in
any substantial respect with any of the provisions of this
Agreement, shall be grounds for forfeiture of this grant.
Section 14. ATTORNEYS' FEES.
Should it become necessary for the City to initiate legal
or other proceedings to enforce the terms of this Agreement, the
prevailing party shall be entitled to recovery of reasonable costs
and attorneys' fees.
Section 15. EFFECTIVE DATE.
This Agreement shall become effective on July 1, 1995.
Section 16. The contractor, by and through its authorized agent,
hereby acknowledges that it has read all terms, provisions, and
28
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.
By:
6~'v
R & R Corporate ystems, Inc4 d; b,~a
Capital Sanitation
Title
CITY OF SEBASTIAN, FLORIDA
,~, i --~ ~
Arthur L. Firtion, Mayor
ATTEST:
.-
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
'~, ~12/
~ Clifton A. McClelland, Jr.
City Attorney
29