Ordinance 03-1668ORDINANCE NO. 031668
AN ORDINANCE OF THE CITY OF LONGWOOD, fLORIDA,
ESTABLISHING A SOLID WASTE AND RECYCLING
COLLECTION SERVICES CONTRACT, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Longwootl tlesires Yo maintain the highest quality
of service for solitl waste antl recycling wllection services; and
WHEREAS, the City has reviewetl proposals, interviewed proposers, and
ranketl order proposers in the ortler tleemetl In the best interest of the city; and
WHEREAS, Waste Pro was ranked number one by the City and the City
and Waste Pro are tlesirous of entering into a Solid Waste and Recycling
Collection Services (iOntraCt.
NOW, THEREFORE, BE IT ORDERED, BV THE CITY COMMISSION OF
THE CITY OF LONGWOOD. FLORIDA, AS FOLLOWS:
Section is The City Commission and Waste Pro have agreetl to a Solid
Waste antl Recycling Collection Services Contract, that
Section 2 The City Commission tloes hereby atlopt a contract for Solitl
Waste and Recycling Collection Services between the City of Longwootl and
Waste Pro, containetl in Attachment 1 attached hereto as though fully contained
herein; that
ec5 lion 3: This Ordinance shall take effect October 1, 2003.
FIRST READING: l.~M~ uM~ ~/- 2 o c 3
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SECOND READING: GLu.~ev,4 /F aoo.3
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PASSED AND ADOPTED{T~HIS Eq'/ni+DAV OF,2003.
/~ DanielDaniel Jam. An ¢rsonAn ¢rson"`LMayor _
A //
/V~~d
Sarah M. Mijares, City CI¢
Approved as to forth and legality for the use antl reliance of the City of Longwood,
Florida, only.
`"Richard $. Taylor, Jr.,JryAhamey
' ~'~H~t-~ ORIGINAL
aty or Longwooa
soya wane s eaovolmg conootioP serrmes coRtaa
Table of C ontents Page
Section t'.
Section 2: Deflmtians
Resitlential Solid Waste antl Recycling Program
ial Solid Waste. Bulk WasfeRrasM1, Yard Waste
id
ti
l R
li
S
i 2
6
ection 3:
ection 4: an
ecyc
ng
erv
ces
es
a
Rasitlentfal Gart Program
ONer Collection Programs
Public Notification Program
m Days or coueauon
BIII'mg antl Payment Services
Billing antl Rates
to Contractor
Atlministrallve Fee
Customer Relatlo~ss
Oflce Hours
B
io
f 1
2
ssed Collections
Complaints
Representative
Contlucl
Care of Property
Collection Equipment
Spillagesantl LiHer 12
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Section 5: Contractors RelatlonsM1ip with Ne Gity
IndepentlenY Contractor
Supervision of Contract Perormance
Duality or
e
e
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14
so id was
ie Dispdsai
Facaity
Section 8:
Section 9:
Section ig
Section ll:
cGOn f2: Designated Materiel Recycling Facility
Rate Review and Adjustments
not Agreement
rovlsionss~o
Bontl Requirements
mnifcation
Assignment of Contract
Right to Require Performance
Ameedmem, tq cgm,aa
Financial3tatemen[s
ecortls
law Governing
Severabilily
Notice
tg
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SOLID WASTE & RECYCLING COLLECTION SERVICES CONTRACT
This Contracf (hereinafter referred to as "Conb'acY') made end entered into the t"
day of October, 2fig3, by and between CITV OF LONGW OOD, a municipal coryo2tion of
the State of Florida (hereinafter referred to es °CITY"), acting by and through Its duly
aNhorized CM Commission, and WASTE PRO OF FLORIDA. INC., (hereina%er refen'ed
to as'GONTRACTOR°).
WITNESSETH:
The CITY and the CONTRACTOR agree to set forth the terms and conditions of
this Contract for the provision of a Solid Waste, Bulk Trash, Bulk Waste, Yard Waste, and
Recycling Collection Services and
NOW THEREFORE, for Ne mutual benefts and other considerations recRed
herein, the parties agree as follows:
SECTION 1: DEFINITIONS
For the purpose of this Contract, the defnilions contained in this Section shall apply
unless otherwise specifically stated. If a word or phrase is not tle%ned in this Section,
the definition of such word or phrase as tlefnetl by the (EPA) Environmental Protection
Agency shall apply. When not inconsistent with the context, words used in the present
tense shall include the future, words in the p1u21 shall include the singular, and use of
the masculine gentler shall include the feminine gentler. The word "shall" is always
mandatory and not merely discretionary.
A. Administrative Fees shall mean fees collected by the CITY for the purpose of
Bring GIN'S adminisl2tive costs associated with the CITY pedormin9 the
billing, collection and remitting payment to the CONTRACTOR for solid waste
B. Baas shall mean non-tlissclvable plastic trash bags.
C. Bio-Hazardous or Bio-Medical Waste shall mean any waste, which may cause
disease or reasonably be suspected of harboring pathogenic organisms. Included
waste resulting from the operation of medical clinics, hospitals, and other
facilities processing wastes that may wnsisl of, but are not limited to, human and
mat parts, contaminated bandages, pathological specimens, hypodermic
eedles, sharps, contaminated clothing and surgical gloves.
D. Bulk Trash or Bulk Waste shall mean those wastes that may require special
handling and management including, but not limited to: White Goods, fumiture,
crate, rubble, mixed roofng materials, rock, gravel and other earthen
materials, equipment, wire and cable and other similar items including materials
esulting from home improvements and any and all household goods and
fumiture, which a ustomary to ordinary housekeeping operations of a
residential service unit Bulk trash must be generated by the customer at the
esidential service unit wherein the bulk trash is collected. Bulk trash does not
include items herein defined as Contactor-generated waste, or exempt waste.
E Citv Administrator shall mean the City Administrator of the CITY of Longwood,
cr his designated representative(s).
F. Collection shall m n the process whereby residential solid waste, bulk
trash/bulk waste, yartlawaste, Construction and Demolition Debris, or Recyclable
Materials are removed and transported to a Disposal Facility or Material Recovery
Facility as appropriate.
G. Constmction and Demolition Debris shall m an those materials defined by
Chapter 17-712. Florida Administrative Code, as may be amended tram time to
lime.
H. Contain r shall mean any metal or plastic container designed or intended to be
mechan tally dumped into aloader-packer type garbage truck.
I. Contract The writing or document embodying this Agreement.
J. Contractor shall mean the pars entity named in this contract document that
has entered into this Contract to provide the services described herein for the
Service Area.
K. ContractorvGenera[ed Waste shall mean bulk trash or bulk yard trash generated
by builders, building contractors, privately employed tree trimmer and tree
surgeons, landscape services and lawn or yard maintenance services and
L. County shall mean Seminole County, Florida.
M. Designated Disposal Facility shall m an the facility designated by CITY for
disposal of residential solid waste, bulk lash, bulk waste and yard waste.
N. Desianaled Recvcling Faciliri shall man the Materials Recovery Facility
designated by CITY for recovery of Recyclable Materials collected in the Service
Area.
O. Disposal Charges shall m n the prevailing per-ton rate charged ai the
Designated Disposal Facility for the acceptance and disposal of residential solid
waste, bulk tash, bulk waste and other waste materials.
P. Dwelling Unl[ shall mean any individual living unit in a single family dwelling,
multi-family dwelling or mixed-use dwelling within a structure or building intended
for, or capable of being utilized for residential living.
Q. Exemo[ Waste shall m n bio-hazardous or bio-medical waste, hazardous
waste, sludge, automobile parts. boats, boat pads, boat toilers, internal
wmbustion engines, lead-acid badedes, used oil and tires, those wastes under
the conUOl of the Nuclear Regulatory Commission and those other materials
whose size, weight, or both are in excess of that aliowetl for bulk waste as defined
herein.
R. GarG bane shall m n all puirescible waste which generally includes but is not
limited to kitchen antl table food waste, animal, vegetative, footl or any organic
waste that Is ettentlant with or results from the storage, preparation, cooking or
handling of food materials attributetl to resitlential activities.
5. Garbage Can shall mean any commonly available light gauge steel, plastic or
galvanizetl receptacle of anon-absorbent material, closed at one entl antl open at
the other, and without any jagged or sharp etlges, furnished with a closely ftted
top or lid and handle.
T. Hazardous Waste shall m any waste material which is delinetl a
hazardous waste by the Stale of Florida Department of Environmental Regulation
in the State of Florida Administrative Code, and any future legislative action by
federal, state or local law.
U. Materials Recoverv Facility IMRFI shall mean any facility designed, operated
antl legally permittetl for the purpose of receiving, soling, processing, storing, or
preparing Recyclable Materials for sale, and meets fhe requirements of Section
403 7046 Floritla Statute.
V. Non-Collection Notice shall mean a Form or tag used by the CONTRACTOR fo
notify customers of the re n for non-Collection of materials set out by the
customer for Collection by the CONTRACTOR pursuant to the Contract. The
CITY shall approve the Contractofs form or tag to be used.
W. Rate Structure shall mean the rates shown In the attached Exhibits for resitlential
solid waste collection and disposal services.
X. Rewvered Materials shall mean metal, paper, glass, plastic, cartlboard, to#ile,
lubber materials that have known recycling potential, can be feasibly recycled,
and have been diveded and source separated or have been removed from the
rile 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
inclutle materials tlestined for any use that constitutes disposal.
Y. Recvclable Materials shall m an those materials which a capable of being
recycled and which would otherwise be processed or tlisposed of as Residential
solid waste. Recyclable Materials to be collected include: n wsprint; oltl
negated cartlboard incitlental Kraft paper; clear, green, brown antl any other
glass containers; metal ca aluminum beverage containers; #1 PETE, #2
HDPE, and #3 PVC plastic con~[ainers. These materials may be reCefinetl by the
CITV from time-to-time, at the sole discretion of the CITY.
Z. Racvcling shall m any process by which materials which woultl othenn~ise
have been resitlential solid waste ar collected, separated or processed antl
reused or relurnetl to use in the form of raw materials or products.
AA. Recvclino Bin shall mean a rigid receptacle made of plastic or other suitable
substance of no less than fourteen (14) gallons, providetl antl tlistributetl by the
CONTRACTOR, to those in the Service Area.
Be. Racvclina Serv shall m n the Collection of Recyclable Materials, by the
CONTRACTOR,rfrom those Residential service units in the Service Area and the
delivery of those recyclable materials to a Materials Recovery Facility.
CC. Residential Cart Program shall mean semi-automated or automated collection
DD. Residential Contain ized Service shall m any residential se unit
utilizing container(s) for the accumulation and esei-out of residential solid waste
iced by asemi-automated or automated collection vehicle.
EE. Residential Solid Waste shall mean garbage, bulk trash, bulk waste, yard waste,
and rubbish resulting from the normal household activities of a residential service
unit. Residential solid waste must be generated by the customer and at the
esidential service unit wherein the residential solid waste is collected and does
not include items tlefned herein as Contractor-Generated Waste or exempt
waste.
FF. Serv ce Area shall mean the municipal limits of the City of Longwood, Florida.
GG. White Goods shall mean discarded refrigerators, ranges, water heaters, freezers,
and other similar domestic appliances. White Goods must be generated by the
customer and at the Residential service unit wherein the White Goods are
oolleoted.
SECTION 2: RESIDENTIAL SOLID WASTE AND RECYCLING PROGRAM
CONTRACTOR shall provide the following levels of se ce for the Collection of
Residential Solid Waste and Recycling Materials as set forth In this Section within the
corporate limits of the City of Longwood.
2.1 RESIDENTIAL SOLID WASTE, BULK WASTEITRASH, YARD WASTE
2.1.1 Residential Solid Waste Collection Service
CONTRACTOR shall pick up, twice per week, an unlimited volume of residential
solid waste from each residential unit.
Days for collection service shall be Monday/Thursday and TuesdaylFritlay. In the
vent a customers normal solid waste collection service day falls on a holiday,
the collection shall occur on the next regularly scheduled waste collection day.
Any change to the collection se schedule shall be approved by the City
Administrator 30 days prior to implementation.
2.1.2 Garbage Can Replacements
CONTRACTOR'S employees shall take care to prevent damage to garbage cans
ned by residential se units by un sary rough treatment Contracor
shall replace any garbage can owned by theeesidential service unit damaged by
CONTRACTOR, at CONTRACTOR'S expense, within forty eight hours.
Contractor shall replace any damaged garbage an with a new garbage can of
equivalent size and type.
2.13 Residential Vard Waste
CONTRACTOR shall pick up once per week unlimited amounts of yard waste from
esidential service units. Collection service day shall be Wednesday. In the event
customers normal yard waste collection service day falls on a holiday, the
wllection shall occur on the next mgulady scheduled waste collection day.
Any change to the collection se schedule shall be approved by the City
Administrator 3g days prior to implementation. Yard Waste must be generated by
the customer at the residential service unit wherein the yard waste is collected.
Yard waste does not include items herein tlefned as Contractor-Generated Waste
or Exempt W rite.
2.1.4 Residential Bulk Waste and Bulk Trash Collection Service
CONTRACTOR shall pick up once per week on the second solid waste collection
day of the week an unlimited amount of bulk trash and bulk waste items. In the
vent a customers normal bulk waste collection service day falls on a holiday, the
wllection shall occur on the next regularly scheduled waste collection day.
If the customer needs additional bulk waste wllection in excess of once per week,
the customer shall call the ContraIXOr for a special pick-up. The additional service
shall be charged at a rate which is negotiated between CONTRACTOR and
customer on an individual job basis, such fee shall be collected directly by
CONTRACTOR without any obligation or responsibility on the part of CITY to bill
for same.
Any change to the collections schetlule shall be approved by the City
Administrator 30 days prior to implementation.
2.1.5 Residential Off-Street Collection Service
CONTRACTOR shall provitle off-street collection of residential solitl waste from
residential se units. CITY shall notify CONTRACTOR in writing of any
customers requiring or deleting off-sVeet service. The point of collecfion for off-
street service shall be the back or side vartl or such other location as is mutually
agreeable between the CONTRACTOR and the customer. CONTRACTOR shall
provitle off-street service on the same schetlule as the residential solitl waste
collection service. Bulk waste, bulk trash and yard waste is not subject to off
street collection servlee.
2.2 RESIDENTIAL RECYCLING SERVICES
2.2.1 Residential Recvcling Collection Service
CONTRACTOR shall provide residential recyoling oollectlon s e to all
ustomers in the service area once per eek on the secontl solitl waste collection
day of the week. In the event a customer's normal recycling collection service tlay
falls on a holiday, the collection shall occur on the next regularly schetluletl waste
collection tlay. Any change to the collection service schedule shall be approved
by the CITY 30 days prior to implementation.
2.22 Residential Off-Street Recvcl'ne Servce
CONTRACTOR shall provide oft-street collection of recyclables from residential
units. CITY shall notify CONTRACTOR in writing of any customers
requinng or tleleting off-street service. The point of collection for oH-street service
shall be the back or sitle vartl or such other location as is mutually agreeable
between the CONTRACTOR and the customer. CONTRACTOR shall provide off-
street se ice on the same schedule as the residential solid waste collection
22.30 Non-Collection
CONTRACTOR shall not be requiretl to collect any recyclable materials that are
not placed in recycling bin. However, for purposes of this sectiory old
ormgaletl cardboaN that is placetl beside a recycling bin, whether broken down
not, and newspapers that are contained in paper er plastic bags and placetl
beside the recycling bin shall be considered as properly placed for collection. Oltl
orrugated cartlboaN and newspaper that have been properly set out antl have
become wet due to weather conditions shall be collected by CONTRACTOR. In
the event of non-collection, CONTRACTOR shall immediately affix to the recycling
bin a -collection notice explaining why collection w not made.
CONTRACTOR shall no(Ry the resident of any non-collection occurrences within
24 hours.
2.2.4 Recvclable Materials to be Collected
CONTRACTOR shall collect the following recyclable materials: n wsprint; old
rrugated cardboartl; incidental kraR paper; clear, green, brown and any other
glass containers; metal cans; aluminum beverage containers; #1 PET. N2 HDPE,
#3 PVC plastic containers, antl any other recycling materials as requiretl by the
CITV.
2.25 Contaminated Recvclable Materials
CONTRACTOR shall not be required to collect recyclable materials from
esidential s units If the customer does not segregate the recyclable
materials from 'esitlenfial solid waste. If recyclable materials are contaminated
through c mingling with residential solitl waste, CONTRACTOR shall, If
practical, separate the residential solid waste from the recyclable materials. The
recyclable materials shall then be colleIXed and the residential solid waste shall
be left in the recycling bin along with anon-collection notice cf why the residential
solid waste is not consitleretl a recyclable material. However, in the event the
recyclable materials and residential solid waste are commingled to the extent that
they cannot easily be separatetl by CONTRACTOR, or the nature of the
esitlential solitl aste enders the entire ecycling bin ontaminated.
CONTRACTOR shall not collect the materials. CONTRACTOR shall immediately
affx to the recycle bin anon-collection notice explaining why collection was not
made. CONTRACTOR shall notify the resitlent of any non-wllection occurrences
within 24 hours. CONTRACTOR shall riot wllect the recyclable materials until the
resitlential service unit segregates and cleans the recyclable materials.
2.2.6 Recvclina Bins
The CONTRACTOR shall be responsible for the purchase, tlistribution and
replacement of recycling bins Yo all residential service units.
A) Purchase antl Distribution -CONTRACTOR shall be requiretl to purchase
and distribute new recycling bins to new antl existing resitlential customers
that do not have recycling bins after the initiation date of this Contract.
CONTRACTOR shall purchase and distribute recycling bins to new residential
units that are adtled to the se ea during the tens of tha
Contract. The style, size, color, and design, of the recycling bins shall be
approved by the CITV prior to ordering.
B) Replacement -CONTRACTOR shall maintain sufficient recycling bins to
ure that extra or replacement recycling bins can be provitletl to customers.
CONTRACTOR'S employees shall take care to prevent damage to recycling
bins by unnecessary rough treatment. However, any recycling bin damaged
by CONTRACTOR, lost ar stolen shall be replacetl by CONTRACTOR, at
CONTRACTOR'S expense within 48 hours. The tlamagetl bin shall be
picketl up and disposetl of In the appropriate manner.
C) Ownership -Ownership of recycling bins shall rest with CONTRACTOR,
xcept that ownership of recycling bins in the possession of a residential
service unit at the termination of the Contract shall rest with CITY.
2.3 RESIDENTIAL CART PROGRAM
The Contractor shall implement either asemi-automated, fully automated or
ombination cart program for solitl waste collection when directetl to tlo so by the
CITY. The color, size, type of cart shall be approved by the CITV prior to
implementation of the program. Contractor is responsible for the purchase antl
distribution of the carts to the designatetl service area. Contractor shall use all
onable efforts to implement the designated cart program within 720 days
after notifcation by the CITY. CONTRACTOR will be solely responsible to
establish antl implement a participation plan to inform the customers in the
designated service area of the change i solid waste collection. Said plan shall
be approved by the City Administrator n nety (90) days prior to implementation.
Ail carts shall remain the property of the CONTRACTOR. CONTRACTOR shall
be responsible for repair or replacement of carts due to normal wear antl tear,
defects, or damage caused by the CONTRACTOR. The tlamagetl carts shall be
picked up and disposed of in the appropriate manner. The customer shall pay for
replacement or repair of any cart lost, stolen or damaged due to their negligence
or abuse. The price of the replacement cart shall be at the CONTRACTOR'S
actual cost at time of replacement.
If the Contract terminates, the carts shell became the property of the
CONTRACTOR. In the even[ the CITY tlecides to terminate any cart program,
CONTRACTOR agrees to implement the rear loatl collection or other cart
program within ninety (90) days.
The CITY will begin charging the appropriate rate for the cart program after NII
implementation has been completed. Conversely, the CITY will begin charging
the apPmPdate rote for rear loatl collection after full implementation has been
completetl.
2.4 OTHER COLLECTION PROGRAMS
2.4.1 Soec'al Recvcl'na Program
CONTRAGTOR shall be requiretl to provide o onal special recycling
programs for the collection of telephone books, Christmas trees and other items
s specifed by CITY. Program information inclutling days of collection shall be
distributed to all customers as part of the public notification program.
2.4.3 Olv Owned Prooerf es
The CONTRACTOR shall provitle collections es for all solitl waste antl
recycling containers located at CITY owned facilitiescat no wst to the CITY. The
CONTRACTOR shall also provide colledion se eat other municipal sites
acquiretl by or designated by the CITV in the future al no cost to the CITY.
2.4.4 Emeraencv Service Provisions
In the event of a hurricane, tornado, major storm, natural disaster, or other such
vent, the City Administrator may grant the CONTRACTOR a variance from
egular routes and schedules. As so as practicable aker such event, the
CONTRACTOR shall advise the City Administrator when it is anticipated that
mat routes and schedules can be resumed. CONTRACTOR is responsible for
notifying ali customers as to the change In scheduling and the resumption of
ncrmal schedules.
The clean-up from so vents may require the CONTRACTOR to provide
additional equipment, employ atltlitlonal personnel, or work existing personnel on
overtime hours to clean debris resulting from such an event. The CONTRACTOR
agrees to work with the CITY In provlding servloes In accordance with the CITY'S
"Emergency Preparedness Plan".
2.5 PUBLIC NOTIFICATION PROGRAM
2.5.1 CONTACTOR shall notify the residential service units whenever there is a
change to the collection service programs within the specified times as Indicated
in the chart below. CONTRACTOR shall be responsible for the wst of the
development and implementation of the Notifcation Program. The CITV shall
approve the Notifcation Program.
NOTIFICATION CATEGORY -- MINIMUM TIME FOR
______ ___ NOTIFICATION
1. Initial Collection Startup _ 30 tlay~s
2. Chan e in Level of Service 30 tla s
3. Change in Collection Days _
--- 30 tla s
4. Community_Collection Pro ram 30 da s
5. Im lementation of Cart Program 90 d ys ____
6. NOn Collect It s______ T dC_a_II th 24h urs
7. Rate Change 30d ,_]
e. Change in office hours and/or tele hone nos. 30 da s I
9 E _genpyS
s and res pt on schedule
W th-n 24 hou
10. N 1 tla Sch d I
_..... 30 days
17. Missed Collection i
Call within 24 hours
2.5.2 Public Awareness Program
CONTRACTOR agrees to cooperate with the Ciry in providing, at no charge to the
CITV, the equipment and manpower for public awareness and outreach events.
CITY shall provide at a minimum, a five (5) work day notice to the CONTRACTOR.
2.6 HOURS AND DAYS OF COLLECTION
2.6.1 HOURS OF COLLECTION
Collections shall wmmence In residential areas no earlier than 7:00 A.M. antl
end not later than 7:00 P. M., with na service on Saturtlay and Suntlay, except In
time of emergency or fo maintain schedules due to holidays. It the
CONTRACTOR has a equipment breaktlawn, it shall be relieved from
sing collection net 7:00 A.M. for the route being s rvetl by such
equipment experiencing operating difficulties; provided further that such route
shall be fully collecletl by the CONTRACTOR with substitute equipment that day.
26.2 HOLIDAY PICK-UP SCHEDULE
Collection will not be made on Thanksgiving Day. Christmas Day and New Veers
Day unless specifically requested by CITY. Collections that woultl normally
on these holidays shall be reschetluled on the neM regulady scheduletl
collection tlay. Recycling collections shall be reschetluletl to coincitle with the
next regulady scheduled solitl waste collection day. 30 Day Not cation to
residents of holitlay schetlule shall be the responsibility of CONTRACTOR.
SECTION 3: BILLING AND PAYMENT SERVICES
3.1 Billing and Rates
The CITY will be responsible far the billing antl colieclion of payments for all
esidential solid waste, bulk waste, bulk trash, recycling and yartl waste collection
3.2 Payment to Contractor
The CITY will pay the CONTRACTOR for resitlential collection se
cordance with the rates in Exhibit 7kC, and as may subsequently be am~entletl
pursuant to this Contrail. The CITV will remit payment to the CONTRACTOR,
or before the 15" day of each month, beginning with the 15"' day of the first
onth subsequent to the initiation date of this Contract, the sum of money equal
to the total monthly collections by the CITY for the previous month less the
administrative fees.
3.3 Administrative Fee
The City shall charge a monthly administrative fee of 51.25 oer resitlential unit for
the billing, collection, and remittance of CONTRACTOR'S tees.
Pg Hof l0
~, SECTION 4: CUSTOMER RELATIONS
4.1 OFFICE HOURS
The CONTRACTOR'S office shall remain open Monday through Friday for the
purpose of handling complaints. Hours of operation shall be established by the
CONTRACTOR and disseminatetl to the customers. Hours of operation should
be such that customer complaints can be addressed tluring times o! collection.
Office shall not be staffed tluring holidays pursuant to this Contract.
4.2 MISSED COLLECTIONS
If the collection of any se unit is missed during the regular route collection,
CONTRACTOR shall insure~cthat the missetl collection shall be picketl up within
24 hours or on Monday following the weekend. CONTRACTOR shall notify CITY
antl customer of the missed ornon-conforming collection within 24 hours.
4.3 COMPLAINTS
CONTRACTOR agrees to furnish a monthly report of all complaints, listing the
and address of the person complaining, the nature of the enmplaint. and
d sposition of such rgmplaint.
'~ 4.4 REPRESENTATIVE
CONTRACTOR shall assign a qualifed person or persons to be in charge of its
operations within CITY, and shall give the name or names of CONTRACTOR'S
representatives to CITY.
4.5 CONDUCT
CONTRACTOR'S employees shall conduct themselves in a crompetent, cordial
r while providing services to the CITV. In no case will such employees
eany disturbance, interference or delay to any work or service rendered to
CITY.
4.6 CARE OF PROPERTY
CONTRACTOR'S employees providing residential se s shall follow the
regular walkway for pedestrians while on private property antl shall not trespass
ss property to the adjoining premises unless the occupant or owner of
bothcproperties has given permission. No employee shall interfere with property
that does not concern him. Care should be taken to prevent damage to property,
nclutling flowers, scmbs, and other plantings. Aker emptying garbage
recycling bins, or containers, employees shall return them to the same location
from which they were taken, in the proper position behind the curb or edge of
pavement antl anything spilletl shall be picked up immediately by such
employee.
4.T VEHICLES AND COLLECTION EQUIPMENT
CONTRACTOR shall provide, maintain and have available at all times the
ssary amount of collection vehicles to perform the work as specified herein.
CONTRACTOR shall provide sufficient equipment, in proper operating contlition
o regular schedules and routes of Collection can be maintained. Equipment is
to be maintained in safe working condition. Residential Collection vehicles
shall be painted uniformly In Dolor (epprovetl by CITY), with the na e of
CONTRACTOR and telephone number printed on each side of the vehicle. No
advertising shall be permitted on vehicles servicing CITY. CONTRACTOR is
required to keep collection vehicles cleanetl and painted to present a pleasing
appearance.
4.8 UNIFORMS
CONTRACTOR'S Collection employees shall wear a clean unNOrm or shirt
bearing CONTRACTOR'S name.
4.9 SPILLAGE AND LITTER
The CONTRACTOR shall not litter or ca any spillage too upon the
prem oadway or the right-of-way wherein the collection o During
hauling,sall solid waste, yard waste, bulk waste, bulk trash andr recyclable
materials shall be contained, covered or enclosed so that leaking, spilling antl
blowing of the waste is prevented. In the event of any spillage or leakage by fhe
CONTRACTOR, for any reason, the CONTRACTOR shall clean up all spillage
and leakage at no cost to the CITY or to the Customer wRhin four (4) hours of
notifcation.
CONTRACTOR shall clean any spillage of oil, paint or other liquid in such a
manner as to restore the damaged area to its original condition.
4.10 PROPERTY DAMAGE
CONTRACTOR shall be responsible for the repair or replacement, to public or
pmate property causetl by the CONTRACTOR or the CONTRACTOR'S
Representative.
g 3nf to
SECTION 5: CONTRACTOR'S RELATIONSHIP WITH THE CITY
5.1 INDEPENDENT CONTRACTOR
It is expressly agreed antl understood that CONTRACTOR is in all respects an
intlependent CONTRACTOR as to the work. Even though in certain respects
CONTRACTOR may be required to follow the direction of City Administrator or
his designated representative, CONTRACTOR is in no respect an agent, servant
or employee of CITY.
5.2 SUPERVISION OF CONTRACT PERFORMANCE
City Administrator or his/her designee, is hereby designated as the public official
esponsible for the administration of this Contract by CITV, and. In such capacity,
s charged with the overall, general supervision of CONTRACTOR'S performance
hereunder. CONTRACTOR shall diligently work with the City Administrator or
his/her designee to formulate antl to adopt guidelines and procedures to facilitate
the superv antl r of its pedortnance by the City Administrator.
CONTRACTOR shall not be required to comply with instructions or tlirections
from any CITY offcial except the City Administrator or his designee.
SECTION 6: DUALITY OF PERFORMANCE OF CONTRACTOR
~ 6.1 It is the intent of the CITV to ensure that the CONTRACTOR provides a quality
level of collection Services. To this end, all complaints shall be promptly
resolvetl pursuant to the provisions of This Contract.
It shall be the duty of the CONTRACTOR to take whatever steps are necessary
to remetly the complaint. Failure tp remetly the complaint may result in
administrative charge against the CONTRACTOR. In assessing administrative
charges, consideration will be given to extreme weather contlitions or other
mstances beyontl the Contractors control It is hereby agreed that the CITY
may tleduct from any m s due o which may become tlue the
CONTRACTOR, atlministrative oharges in the following amounts:
a. Failure to clear collection complaints as $100.00 per Service
requiretl by ihls Contract. Unlt.
b. Failure to clean up spillage caused by the $100.00 per incident.
CONTRACTOR.
c. Vehicle operator receiving atraffc citation. $100.00 per incident.
d. Failure to comply with the Public Notifcation $100.00 per incident.
Program.
e. Failure to repair damage to CITY or $700.00 per incident.
customer properly caused CONTRACTOR.
f. failure to maintain equipment in a clean, $100.00 per Incitlent
Safe, and sanitary manner. per day.
g. failure to maintain offce hours as requlred $100.00 per Incitlent
by this Contract per day.
h. Failure to maintain or submit to the ClTV all $100.00 per incident
tlocuments and reports required untler the per day.
provisions of this Contract.
i. Failure to properly cover materials in $100.00 per incident
Collection Vehicles. per day.
j. Failure to display CONTRACTOR'S name $100.00 per incitlenl
and phone number on Collection vehicles. per day.
k. Failure to comply with the hours of operation $100.00 per incident
as requiretl by this Contract. per day.
~, I. Failure or neglect to complete each route on $1,000.00 for each
the regular schetluletl Collection day. tlay not completed.
m. Changing collection days without proper $100.00 per'mcitlent
authorization or notifications. per day.
. Failure neglect to resolve other complaints $100.00 per Incitlent
in the appropriate timeframe. per tlay.
o. Failure to have collections personnel $100.00 per Incident
in proper uniform. per day.
p. Failure to deliver, repair or replace damaged $100.00 per Incident
Garbage Cans, Recycling Bins or Carts in per tlay.
the required periotl.
q. Failure to provide Collection Services within $100.00 per incitlenl
the day limhs providetl in the Contract per tlay
r. Failure to deliver any Resitlential Waste, Bulk Waste, Bulk Trash, Yard
Waste or Recyclable Materials to the City's designatetl disposal facility,
materials reoyoling tacllily, or commingling soli d waste end recyolables will
~ result in the following penalties:
Fbat onanae -$a,oo0.00
Second offense - $2,500.00
Third offense -Termination of COmhacl alter ninety (90) days
written notice
The City of Longwood may assess administrative charges pursuant to this Section on a
monthly basis in connection with this ConVact and shall, at the end of each month
during the term of this Contract, notify the CONTRACTOR in writing of the
administrative charges assessed and the basis for each assessment. However, the
CTIV and the CONTRACTOR have mutually agreed that no administrative charges
related to the Collection Services described within [he Contract will be assessed for the
initial transition period ce cing October 1, 2003 and ending sixty (60) days
thereafter. In the event the CONTRACTOR wishes to contest such assessment, it shall
within five (6) days after receiving such notice, request in writing a hearing date before
the City Administrator to present its defense to such a merit. The City
Administrator shall notify CONTRACTOR in writing of any action taken with respect to
the CONTRACTOR'S claims and the decision of the City Administatorwtll be the finial.
If the CONTRACTOR has frequently, regularly or repetitively defaulted in the
performance of any of the material conditions o requirements contained in this
Contract, the City Commission may in its sole discretion deem the CONTRACTOR to be
a habRUal violator, regardless of whether the CONTRACTOR has corectetl each
individual wntlition of default Under such circumstances, the CONTRACTOR shall
forfeit its right to any grace period to correct o re future defaults. All of the
CONTRACTOR'S prior defaults shall be consitleretlccumulalive and collectively shall
onstitute a condition of irredeemable default. The City shall issue a written notice to
the CONTRACTOR that the CONTRACTOR has been deemed a habitual violator and
any single default by the CONTRACTOR of whatever nature shall be grounds for
termination of this Contract. In the event of any such subsequent default, the CITY may
terminate this Contract by giving a 90 day written notice to the CONTRACTOR. The
CONTRACTOR shall continue to provide services during the ninety (90) day period.
SECTION T: DESIGNATED SOLID WASTE DISPOSAL FACILITY
All solid waste, bulk waste, bulk trash and yard waste collected as a result of performing
collection services in the CITY shall be delivered to a designated FOEP permitted solid
waste disposal facility as directed by the CITY.
Solid waste, bulk waste, bulk trash and yard waste collected by the CONTRACTOR
shall be the property of the CITY. Verification of source of load and weight ticket must
be maintained by CONTRACTOR and copies maybe required by the CITY.
The C'dy's preference of disposal facility is Seminole County. CONTRACTOR agrees to
haul and dispose of all solid waste, bulk waste, bulk trash and yard waste colleIXetl in
the ClTV to either the Seminole County Landfll or Transfer Station. However, the
CONTRACTOR can change the disposal facility with permission from the CITY rf one or
more of the following occurs:
• Seminole County does not keep their facilities open during CONTRACTOR'S
normal collection tlays antl hours of operation tc accept all collection vehicles.
• Seminole County refuses to keep their facilities open to accept any of the
CONTRACTOR'S collection vehicles after being notified by the CONTRACTOR
that equipment breakdowns or delays will prohibit the CONTRACTOR from
arriving before normal closing time.
• Seminole County requires source separation that causes the CONTRACTOR
atlditional expense relative to collecting antl tlisposing of solitl waste, bulk trash.
bulk waste, antl yard waste and impairs CONTRACTOR'S ability to meet the
CI1VB peRormance standards.
• Seminole County's tlisposal facilities are closed on the CONTRACTOR'S work
day.
• Seminole County increases their tipping fees.
The same set of pertormance standards will apply to any other tlisposal facility usetl by
the CONTRACTOR and approved by the CITY. CITV also reserves the right to change
tlisposal facilities rtone is found wfth a lower tipping fee and is tleemetl in the best
interest of the CITV.
CONTRACTOR Is prohlblted from entering Info any contract with a tlisposal faculty
milling the CITY'S solid waste, bulk waste, bulk trash, or yard waste stream. Any
contract matle by the CONTRACTOR shall be consideretl null antl void antl shall be
grounds for the CITY to tleclare a default of this contraIX. The CITY may terminate this
contract by providing ninety (90) days written notice to the CONTRACTOR.
CONTACTOR shall continue to provide services during the ninety (90) tlay period.
The CITY may charge the CONTRACTOR a penalty equal to the overcharging of
disposal cost between what the CONTRACTOR paitl to any tlisposal facility and what
the CONTRACTOR charged the CITY. The penalty will be tledudetl from the
CONTRACTOR'S monthly invoice. CONTRACTOR will also be subject to additional
penalties as stated in Section 6.
SECTION B: DESIGNATED MATERIAL RECYCLING FACILITY
8.1 All recyclable materials collected as a result of performing recycling collection
in the CITY shall be delivered to the designated materials recycling
Facility (MRF) as directed by the CITY.
Recyclable materials collected by the CONTRACTOR shall be the property of the
CITY. All revenues derived from the sale of recyclables shall be paid to the
CITY. The CITY shall receive the recycling revenue check directly tram the
ecycling facility on onthly basis with a detailed report indicating the weight,
type and prices paid for the recyclables. The CONTRACTOR shall maintain
cords of all receipts received from the Material Recycling Facility which will be
verified with the CITY'S report from the Material Recycling Facility indicating the
material's sold each month.
the CITY'S preference of materials recycling facility (MRF) is Seminole County.
CONTRACTOR agrees to haul and dispose of all recycling materials collected in
the CITY to a Seminole County materials recycling facility. However, the
CONTRACTOR can change the MFR with permission from the CITY rf one or
more of the following occurs:
• Seminole County does not keep their MRF open during
CONTRACTOR'S normal collection day and hours of operation to accept
all collection vehicles.
• Seminole County refuses to keep their MRF open to accept any of the
CONTRACTOR'S collection vehicles after being notifetl by the
CONTRACTOR that equipment breakdown breakdowns or delays will
prohibit the CONTRACTOR from arriving before normal closing time.
• Seminole County requires source separation that causes the
CONTRACTOR additional expense relative to collecting and disposing of
recyclable materials and impairs CONTRACTOR'S ability to meet the
CITY'S performance standards.
• Seminole County's MRF is closed on the CONTRACTOR'S wode day.
• Seminole County increases processing fees.
The same set of performance standards will apply to any other MRF used by the
CONTRACTOR and approved by the CITY. CITY also reserves the right to
change MRF if one is found with a lower processing fee andlor that pays a higher
pdce for recyclables and is deemed in fhe best interest of the CITV.
CONTRACTOR is prohibited from entering into any conVact with a materials
recycling facility (MRF) which commits the CITY'S recyclable materials. Any
contract made by the CONTRACTOR shall be null and void and shall be grounds
for the CITV to declare a default of this contract. The CITV may terminate this
contract by giving ninety (90) days written notice to the CONTRACTOR.
CONTRACTOR shall continue to provide services during the nineTy (90) day
period.
The CITY may charge the CONTRACTOR a penalty equal to the amount of
cney re eived by the CONTRACTOR from any MRF for the recyclable
materials not delivered to the CITY'S designated MRF. The penally will be
deducted tram the CONTRACTOR'S monthly invoice. CONTRACTROR will also
be subject to atldltionel penalties es slated in Seotion 8.
8.2 Comm nal'na
In the event the CONTRACTOR commingles solid waste with the recyclable
materials, the City may charge the CONTRACTOR a penalty for the loss of
recyclables. The penalty will be an amount equal to the monthly average of
ivetl for recyclables. The re e due to the City for the loss
recyclables for that period will be deducted from the CONTRACTOR'S invoice for
that month. The CONTRACTOR will also be subject to additional penalties as
stated in Section 6.
8.3 ftecvcl'na Mater'als Status Reoort
The Contractor shall submit a recyclable materials status report to the City on a
monthly basis to inolude at least all of the following:
a. Summary of all tonnages of recyclables collected by category.
b. Details of problems In the recyclable materials collection operation.
c. Measures taken to resolve problems, increase efficiency, and household
participation.
SECTION 9: RATE REVIEW AND ADJUSTMENTS
Beginning October 1, 2004 and annually thereafter, CONTRACTOR may be eligible,
subject to compliance with all provisions of this Contract, to re ual
adjustment in the collection and/or tllsposal portions of the residential solid wastenyaM
asie, and recycling collection service rates as sal forth in the appropriate exhibits
attached hereto.
By October t`~ of each year, the CONTRACTOR may apply for a rate adjustment. At
such time. CONTRACTOR will provide the CITY a completed Operating Revenue and
Cost Statement (Exhibit A). Disposal Cost Formula (Exhibit B) and Collection Service
Rates (Exhibit C). CONTRACTOR will provide all pertinent Mancial information for the
specifc revenues and expenses associated with this Contract for the periotl ending with
the CONTRACTOR'S fscal year in order to substantiate any rate atljustment. The
CITY may require the CONTRACTOR to reduce the disposal rate should there be a
decrease in the disposal cost by the disposal facility being used at the lime of the
requested rate adjustment.
The City Commission shall make a determination on the rate adjustment within two (2)
months or by December 1. Any rate atljustment approval will become effective January
1a of the following year. If the CITY or CONTRACTOR cannot agree [o any rate
adjustment, then either party shall have the option of terminating this Contract upon
inety (90) days written notice. CONTRACTOR shall continue to provitle service during
the 90 tlay time period.
If the CONTRACTOR fails to apply for a rate atljustment by October 7°1 of each year,
CONTRACTOR waives their right to any rate atljustment beginning January 1'~ of the
following year.
SECTION'10: DURATION AND EXTENSION OF AGREEMENT
This Contract shall commence on October 1.2003 and remain in effect fora maximum
period of four (4)years or until terminated. The CONTRACTOR can request two (2)
year exensions to this Contract. The following procedure will be used to approve or
deny any two (2) year extension requested by the CONTRACTOR:
1) By October 1, 2005 or by October 1'~ of the second year of any subsequent four
(4) year extended Contract, the CONTRACTOR can request two (2) year
extensions to this Contract.
2) The CITY shall make a determination on the CONTRACTOR'S request within
Iwo (2) months or by December 1st.
3) Approval by the CITY of the CONTRACTOR'S request for a two (2) year
extension of this Contract will become effective on January 1, 2006 or the first
(t") year of any subsequent four (4) year Contract.
4) Denial by the CITY Of the CONTRACTOR'S request foraiwo (2)~ear eMension
of this Contract will result in termination at the end of the fourth (4 )year of any
subsequent Contract on September 30.
5) The CITY may postpone extension of this Contract for a maximum period of six
(6j monthsrf it determines that a probationary periotl is necessary to assess the
quality of service. The CITY Shall make the foal tleterznination on
CONTRACTOR'S request for extension by June 1.
a) ((approved, the newly extended Contract shall fake effect July 1 for
m periotl of three antl one-half (3 1/2) years.
b) If denieduthe Contract will lertninate at the end of the fourth (4°t)
year of any subsequent Contract on September 30"
If the CONTRACTOR fails to request a two (2) year eMension as provided for in this
CONTRACT; [hen this Contract will terminate at the end of [he fourth (4") year of any
subsequent Contract on September 30".
This section does not prohibit the CITY from terminating this Contract earlier as
provided For in other sections of this Contract.
SECTION 11: GENERAL PROVISIONS
11.1 PERFORMANCE BOND REQUIREMENTS
CONTRACTOR shall furnish at ifs own cost, to the City of Longwood Purchasing
Division, an irrevocable Performance Bond, in form and content approved by the
City Attorney, for the faithful performance of this Contract and all of its obligations
sing hereunder in the amount of five-hundred thousand ($500,000.00) dollars.
Said bond shall be a ecuted by a urety company approved by CITY and
licensed to do businessxin the State of Florida, with the financial strength and B V
qualiFlcations according to the latest edition of Best's Insurance Guide, published
by A. M. Best Company. CONTRACTOR shall furnish to CITY proof of such bond
within ten (10)deys efier the execution of this Contract suoh proof shall include
a statement that the policy or bond may not be canceled or altered without at
least thirty (30J days prior notice to QITY.
11.2 NO RELIEF OF LIABILITY
Maintenance of said band and the performance by CONTRACTOR of all of the
obligations under this paragraph shall not relieve CONTRACTOR of liability
under the provisions set fodh in this Contract or from any other liability as a result
of any breach hereuntler. The performance Bontl may be "called" in the event of
any default hereunder by CONTRACTOR. The calling of the Bond shall in no
restrict or preclude any additional or further remedies available to CITY
against CONTRACTOR for breach, default or damages hereuntler.
11.3 INSURANCE
CONTRACTOR shall turnish to City of Longwood, Purchasing Manager, 1]5 W.
Waren Ave., Longwood, Florida 32]50, certificates of insurance which indicate
that insurance coverage has been obtained that meet the following requirements:
A. Workers Compensation Insurance: The CONTRACTOR shall agree to
aintain Workers Compensation Insurance & Employers Liability in accordance
with Florida StaWte Chapter 440 and in amounts sufficient to secure the benefts
of the Florida Workers' Compensation law for all employees of the
CONTRACTOR and all subcontractors as well as Employees Liability Coverage
ount not less than $50,000.00 per each accident, $50,000.00 by
disease, and $500,000.00 aggregate by disease.
B. Liability Insu ce: The CONTRACTOR shall, during the term of this
Contract, and any extensions hereof maintain in full force and eHeci commercial
general liability insurance policy antl automobile liability insurance policy, which
specifcally covers all exposures incitlent to the CONTRACTOR'S obligations
antler this Contract. Such insurance shall be with a company acceptable to the
CITY and each policy shall be in an amount of not less than $1,000,000.00
Combined Single Limit for personal botllly injury, including death, and property
tlamage liability antl the general liability shall include but not be limited to:
erage for Premises/Operations, Products/Completetl Operations, contractual
to suppod the CONTRACTOR'S Contract or indemnity and Fire Legal Liability.
In addition to the above liability limits, the CONTRACTOR shall maintain a
$5,000,000.00 umbrella and/or excess liability coverage. Policies shall be
endorsed to show the CITV, a municipal corporation in the State of Florida, as an
atltlitional insured as its interests may appear; and shall also provide that
e shall not be canceled, limited ornon-renewed until after thirty (30)
tlays written notice has been given to the CITY. Current certificates of insurance
evidencing required coverage must be on file with the CITV at all times.
CONTRACTOR expressly untlerstands and agrees that any insurance protection
furnished by CONTRACTOR shall in no way limit its responsibility to intlemnify
and save harmless CITY under the provisions of this Contract.
To be acceptable to the City, each insurance certifcate shall contain a clause
substantially comparable to the following:
"The policies referred too herein provide that they
nnot be cancelled, materially changed, or not
wed by the insured in less than thirty (30) days
after the insuretl has receivetl written notice of such
action."
If CONTRACTOR tails to provide such insurance, the CITV may secure the same
in the CONTRACTOR'S name antl recover the full cost thereof from the
Contractor.
11.4 INDEMNIFICATION
CONTRACTOR shall Indemnify, tlefend and hold harmless the CITV antl its
officials, employees and agents (collectively refertetl to as "Indemnities) antl
each of them from and against all loss, costs, penalties, fines, tlamages, claims,
expenses (including attorney's fees) or liabilities (collectively referred to as
"Liabilities") by reason of any injury to or death of any person or damage to or
destruction or lass of any property arising out of, resulting from, or in connection
with: (i) the pertormance or non-performance of the services contemplated by
this Contract which is or is alleged to be directly or indirectly caused, in whole or
in part, by any act, omission, default or negligence (whether active or passive) of
CONTRACTOR or its employees, agents or subcontractors (collectively referred
to as "CONTRACTOR"), regardless of whether it is, or is alleged to be, caused in
whole or in part (whether joint, concunent or contributing) by any act, omission,
default or negligence (whether active or passive) of the Indemnities, or any of
them or (ii) the Failure of CONTRACTOR to comply with any of the paragraphs
herein or the failure of CONTRACTOR to conform to statures, ordinances, or
other regulations or requirements of any governmental authority, federal or state,
nection with the performance of this Contract. CONTRACTOR expressly
agrees to indemnify and hold harmless the Indemnities, or any of them, from and
against all liabilities which may be asserted by an employee or former employee
of CONTRACTOR. or any of its subcontactors. as provide above, for which
CONTRACTOR'S liability to such employee would otherwise be limited to
payments under state Workers Compensation or similar laws.
11.5 ASSIGNMENT OF CONTRACT
No assignment of this Contract or any right occuning under this Contract shall be
made in whole or in part by the CONTRACTOR without the express written
sent of the City Commission. The CITY shall have full discretion to approve
orntleny, with or without cause, any proposed o actual assignment by the
CONTRACTOR. Any assignment of This Contract made by the CONTRACTOR
wthout the express written consent of the City Commission shall be null and void
and shall be grounds for the CITY to declare a default of this Contract. The CITY
n terminate this Contract by giving n nety (90) days written notice to the
CONTRACTOR. Upon such termination all liability of the CITY antler this
Contract to the CONTRACTOR shall cease. The CITY shall have the right to call
the performance bond and shall be free to negotiate with other providers.
In the event co sent of any proposed assignment is denied by the City
Commission. the CONTRACTOR shall have the option to terminate this Contract
upon ninety (90) days written notice to the CITY. CONTRACTOR shall continue
to provide services during the ninety (90) day period.
Any merger or acquisition of CONTRACTOR shall constitute an assignment of
this Contract pursuant to this section.
In the event of any assignment, the assignee shall fully assume all the liabilities
of the CONTRACTOR.
11.6 RIGHT TO REQUIRE PERFORMANCE
In the event of any dispute between CITY and CONTRACTOR relating to this
Contract, pertormance or compensation hereunder, CONTRACTOR shall
continue to render service in full compliance with all terms antl conditions of this
Contract until the tlispute Is resolvetl.
11.7 AMENDMENTS TO THE CONTRACT
The CITY and CONTRACTOR agree to enter Into gootl faith negotiations
regarding modifcations to this Contract. If the CITV and the CONTRACTOR
not agree upon such modifcations/amendments, then either party has the
option to terminate thla Contract upon ninety (90) tlays written notice io either
party. CONTRACTOR shall continue to provide service tluring the ninety (90)
tlay periotl.
11.8 FINANCIAL STATEMENTS
A certlfletl tlnancial statement ("Annual Report") of the CONTRACTOR or Its
parent company shall be fumishetl to CITV within six (6) months of the close of
CONTRACTOR'S fiscal year on an annual basis throughout the term of this
Contract or any extension thereof.
11.9 AUDIT
At CONTRACTOR'S expense, for the term of this Contract, eutllts mey be
requested by the CITY. Audits shall be made by a intlepentlent auditor
agreeable to both the CITY and the CONTRACTOR. Such audits shall set forth
statement of gros of the CONTRACTOR for se endered
under this Contract, and a statement of expenses incurred with suffcent detail to
indicate the origin of such expenses. The audit is intentletl to be utilized by the
CITY in onitoring and supervising the performance of the CONTRACTOR.
Autllis shall inclutle a unting of the actual total tlisposal costs of
CONTRACTOR in tlisposing of residential solitl waste, bulk waste, bulk trash.
yartl waste antl recyclables in performance of this Contract.
71.70 RECORDS
CONTRACTOR shall keep books and records and require any antl all
subcontractors to keep books and records as may be ne ssary in order to
cord complete and correct entries as to services pmvidetl antl fees charged
pursuanf to this Contract. Upon proNtling reasonable notice, such books and
cortls will be available at all reasonable times (or examination antl audit by
CITY antl its representatives, and shall be kept for a period of three (S) years
after the completion of all work to be performed pursuant to this Contract.
Incomplete or incorrect entries in uch books and recortls may be grounds for
disallowance by CITV of any fees or expenses based upon such entries.
1 i.it WW GOVERNING
The Contract shall be governed and enforcetl pursuant to the laws of the Slate of
Florida. Venue for any litigation shall be commenced in Seminole County,
Florida.
11.12 SEVERABILITY
Should any prov n, paragraph, senfence, word or phrase contained in this
Contract be determined by a court of competent judstliction to be invalitl, illegal
r otherv+ise unenforceable untler the laws of the State of Florida or the City of
Longwood, such provisions, paragraph, sentence, word or phrase shall be
deemed modified to the eMent necessary in oNer to conform with such laws, or tl
not modifiable, then same shall be deemed severable, and in either event, the
ning terms and provisions of this Contract shall remain unmodified and in
full force antl eRect or limitetlon of its use.
SECTION 12: NOTICE
Whenever any party desires to give notice unto any other party, it must be given by written
notice, sent by certified Unitetl States mail, with return receipt requestetl, or by facsimile
transmission with certification of transmission to the receiving party, atldressed to fhe party
for whom it is intentled and the remaining patty, at the places last specifetl, and (he places
for giving of notice shall remain such until they shall have been changed by written notice
compliance with the provisions of this Section. For the present, the CONTRACTOR antl
the CITY designate the following as the respective places for giving of notice:
As to CITY: John Drago, City Administrator
City of Longwood
175 W. Warren Ave.
Longwood, Florida 32750
Telephone: (407)260-3445
FaceMlle: (407)260-3410
Copy to: Rhonda Ledford, Purchasing Manager
City of Longwood
175 W. Wanen Ave.
Longwood, FL 32]50
Telephone: (407)260-3480
Facsimile: (40])260-3418
As to CONTRACTOR:
Telephone:
Facsimile:
Copy to' Richard Taylor, City Attorney
City of longwootl
775 W. Warren Ave.
Longwood, FL 32750
IN WITNESS WHEREOF, the parties have caused these presents to be executed and
attested to by their tluly authorized officers or representatives and their official seals to
be affixed hereon, the day antl year first above written.
ATfE%ST~' CITY:
V ~'v ~~ ~ _____ BY:
Sarah M. Mijares. C'hy CI < Daniel J. An erson, Mayor
APPROVED AS RM:
Richard TaNor, Ctly Atto
WITN SES:
L
(J
Y\al e2i__3_____.F~ILF^___________.
P' C~.JU1'_(..nai
~.iZ Oefu L~oc4lus
Print Name
ATTEST:
S RETARV /
CONTRACTOR
rite e of rioriaa, inc.
BY:
Qe~ia c oaaeo ^a nr s:a~_
Print Nam dTiUee
STATE OF FLORIDA )
SS:
COUNTY OF SEMINOLE )
BEFORE ME, a officer tluly auth zed b I~w jo adminisFpj oatps ar}tl take
ackno etlm npn oonally appeare ,/,~paZ//dyz/ as ~°e,~y'- ,of
en ganization authorized to do n the State of Florid, antl
ackno ge executed the foregoing Contmcl as the pmper official of Gk~EV17-
for the and purposes mentionetl in it antl affxetl the official seal of the corporation,
and that the insWment is the act and deed of that corporation. He/she is pe[5ppally
e or has protluced as identification.
IN WITNESS OF THE FOREGOING, y~~p set my hand a(~d offigial seal at in the
State and Counry aforesaid on this _[[Z-~"..~ day of llo~ 8 , 2003.
~i~i-~,C~°U~_~n~iyCRl
f~ ARY PUBLIC ~~
..............................~fc'....,t
„.., ~umma° °~asj
My Commission Expife~~'s~n~ ~.,mmw~^°°°'"'
:=Y E~eeeu~~ e
tx ~®~
IXHIBITA
OPERAtING REVENUEAND CO8T 8TATEMENT
OpentOtg Revenues:
ResMentlel Revenues $560,443
Re yding Revenues $153,530
Otlnr Revenues
Total Revenues ST14,2]4
opennng toss
tabor.
Direct Labor
¢142.224
coneaa Labor so
Admmlmmcve samdea $o
Payroll Taxes $18,880
Total Labor E15J,104
fuel:
Fuel $39,0]0
OII $11.009
total FUel $BO,OBt
Vehcle MalMenance entl Replacement:
Mainlenalke 8 Repair ¢38.080
Tres 539,223
Oepreciagon ExpelSe $44,223
Tmtlc lease EO
Total Vehicle MallMna0ce and Replacement 5123`138
Other Expmrees
Workman DOmD lnsumnce
$3,415
Interest Expanse
Mmiagemenlfce $19,]4]
$0
HealM lnsu2nce
Lkensea $13,fi89
$1,232
MelnlellanceBftePairolher $1,289
Oenemlinsam~
Comaeete AdminisbaSVe Nbcation $11,129
80
UnRams $4,]60
OSice SUpPlias
Bu1Nil,g Lease $1,210
$0
MedicalF peaces $800
Customer DMF
AdveNSilg $3.800
83,800
UtilNes
Redbs $1,800
89,]85
Miscellaneous Expenses $228,]52 (Disposal)
Real Eelete Taxes
TWI OUer 82,135
Expenses
TOTAL OPEMTING COSTS EB80,530
Net Income (Cosa) $85,743
Annual Basis-C08ffi as of December 3l, 2002
EXHIBIT B
Formula For Changes in Diapoael Cost
The annual generation factor, 7.448 tons, X The net change between fhe old and the
new Iandfll disposal charge divided by twelve (12) months will equal the new net
increase or decrease to the Contractofs disposal mte.
Formula:
Tip Fee of $33.17 per ton
Mnual Generation Factor of 1448 Tons
1.448 Tons X $33.17 Per Ton dividetl by 12 Months = $4.00 per Month
Pege 29of 30
EXHIBIT C
COLLECTION SEBVICE RATES
Resldaniial Collection Services
Rear Load
Resitlential Collection Curbside RecyGing
Service
A Monthl UnH Collection Rale $4.90 $2.70
8 Month Und Dis Deal Rate $4.00 NO FEE
Total
$8.90 ___
$2.70
Total MOnthl Rate rUnit $71. 80
Rate Por OR Street (Sack/Side)
Door Picku $21.00
~~ ~~ Residential Collection Serv
Sem4AUtomatetl S ste m
Residential COlleIXion Curbside Recyding
Service
_
A Monfhl Und COlledion Rate
$5.85 ______
$2.70
8 Month Unit Dis osal Rafe $4.00 NO FEE
_
Total $9.05
- $2.70
Total MOMhI Rete rUnd ---~---~~~ $12. 55 --~--~---~
Rate Tor OR Steel (Back/Side) _
Door Picku $21.00
Resitlenti al Collection Sem
ces
Full A utomated S stem
Residential Collection Curbside Recyding
Service
A Month UnE Collection Ra[e $5.55 $2.70
(B) MorM~ Um't Disposal Rate $4.00 NO FEE _ _
Total $9.55 $2.70
Total Mordhl Ra[e r Und
$72.2 ________
5
Rate ror onsbeet (aeddsiae)
Door P~dcup $21.00
Semi-auMmetetl cart wst $44.82 /per can
Fullyaulomated cart cest $44.82 lper cart
Pga30 af30