HomeMy WebLinkAboutDocumentation_Public Works Committee_Tab IV_12/17/1998,~
ATE ~.F~~e~~i~iiET il~C.
NICHOLS SANITATION
7700 SE BRIDGE RD
HOBE SOUND, FL 33455
561-546-7700
December 8, 1998
Mr. Thomas G. Bradford
Village Manager
Mr. Gary Preston
Public Works Director
Village of Tequesta
PO Box 3273
Tequesta, Florida 33469
Dear Mr. Bradford and Mr. Preston:
Persuant to our discussions, please find the attached information pertaining to the Solid
Waste and Recyclable Material Collection Services Agreement. The attached draft and
corresponding rate summary reflects both an overall improvement in the agreement
document and substantial rate reductions.
The levels of service outlined in the agreement meet and in some areas exceed the current
levels that Village residents are conditioned to expect. Enhanced services (mobile cart
service) are also offered as an option.
Combining the twice per week yard waste collection with the clamshell service addresses
the ,unique vegetative waste generation from your community. Nichols Sanitation is very
proud of a twenty-five year track record with the Village and the excellent working
relationship with you, your staff and all the customers we both serve. We are committed
to providing superior service and responsiveness.
We look forward to a continued public/private partnership and remain prepared to
respond to any issues or concerns you may have.
;~
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SOLID WASTE AND RECYCLABLE MATERIAL
COLLECTION AGREEMENT SUMMARY
• Comprehensive Service Agreement
Revised/Improved Language
Protection for Village/Contractor
Combines all collection services
• No C.P.I. increase until October 2000
• Significant Rate Reductions
• Expanded Gratis Municipal Services
• Maintains Existing Levels of Service and Collec#ion Days
• Extension of the Agreement Term for Eight Years
.7
•
PROPOSED SOLID WASTE AND
RECYCLABLE MATERIAL COLLECTION
PRESENT RATE
Solid Waste Collection
Single Family Residents $7.64
Multi Family Residents $6.49
Recyclable Collection
Single Family Residents $2.16
Multi Family Residents $1.99
Ynrd Waste Collection (Twice Per Week)
Single Family Residents $1.10
Multi Family Residents N/A
Clamshell Service $0.00
Mobile Cart Service" N/A
Total Single Family Rate $10.89
Total Multi Family Rate $ 8.48
Monthly Savings
Annual Savings
Rates firm until October 2000.
Commercial Solid Waste
Collection
$5.66 cu yd
JUPITER RATE PROPOSED RATE
$3.33 $3.33
$3.33 $3.33
$2.16 $2.16
$2.16 $2.16
$1.14 $1.14
$1.14 $1.14
$0.00 $0.00
N/A $1.00
$6.63 $6.63
$6.63 $6.63
Single Family $4.26
Multi Family $1.85
Single Family 41%
$51.12/unit
Multi Family 22%
$22.20/unit
$3.50 cu yd
Total Savings
*Mobil Carf Service is optional.
38% Reduction
$3.50 cu yd
•
.,. _ _ .~..,._, .~ ~_a..,„..
•
SOLID WASTE ~_
AND
RECYCLABLE COLLECTION
SERVICES AGREEMENT
BETWEEN
THE VILLAGE OF TEQUESTA
~ AND
NICHOLS SANITATION-
WASTE MANAGEMENT
1
•
REFUSE, MULTI-MATERIAL RECYCLING AND
VEGETATIVE WASTE COLLECTION AGREEMENT
THIS AGREEMENT ("Agreement") is made as of this day of , 1998, by
and between the Village of Tequesta, Florida, hereinafter referred to as
"Village", and Nichols Sanitation, Inc. of Hobe Sound, a' Division of Waste
Management, Inc. of Florida, hereinafter referred to as "Contractor', with its
principal place of business at 7700 S.E. Bridge Road, Hobe Sound, Florida 33455.
WHEREAS, the Village has authorized negotiation of the restatement and
extension of the an extension of the existing refuse collection agreement that is
scheduled to terminate September 30, 1999.
NOW THEREFORE, FOR AND IN CONSIDERATION of the respective covenants
herein contained, the parties agree as follows:
ARTICLE I
GENERAL INFORMATION
1. LIAISON BETWEEN Village AND CONTRACTOR
All dealings, contracts, notice and payments between the Contractor
and the Village shall be directed by the Contractor to the Village Manager or
his/her designee.
1.1 Filing of Commercial Fee Rate Schedule
The Contractor shall file a Commercial Fee Rate Schedule which shall be
continuously maintained in the office of the Village for inspection. The initial
commercial Fee Rate Schedule shall be filed with the Village Manager a
minimum of seven days prior to the effective date hereof, and any subsequent
amendments thereto shall be filed wi#h the Village Manager a minimum of 15
days prior to the effective date of such amendment.
2. COMMENCEMENT OF WORK
The work ou#lined in these specifications shall commence on October 1,
1999.
3. TERM
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3.1 The term of the Contract shall be for a period of eight years beginning
October i , 1999 and terminating September 30, 2007.
3.2 The Contract may be renewed by mutual agreement for additional five
(5) year periods. The Contractor must notify the Village of its desire to extend
the contract on or before February 1, 2007. The Village will respond to the
request for extension no later than April 1, 2007.
_-~.,
4. DEFINITION OF TERMS
4.1 Authorized Rearesentative: Shall mean the employee or employees
designated in writing by the Village Manager to represent the Village in the
administration and supervision of the Contract.
4.2 Biohazardous Waste: Shall mean any solid waste or liquid waste which
may present a threat of infection or disease to humans or may reasonably be
suspected of harboring pathogenic organisms. The term includes, but is not
limited to, non-liquid human tissue and body parts; laboratory and veterinary
waste which contain human-disease-causing agents; used disposable sharps,
human blood, and human blood products and body fluids; and other materials
which in the opinion of the Department of Health and Rehabilitative Services
represent a significant risk of infection to persons outside the generating facility.
4.3 Biological Waste: Shall mean solid waste that cause or has the capability
of causing disease or infection and includes, but is not limited to, Biohazardous
waste, diseased or dead animals, and other waste capable of transmitting
pathogens to humans or animals.
4.4 Bulk Trash: Shall mean any non-vegetative item which cannot be
containerized, bagged or bundled; including, but not limited to, inoperative and
discarded refrigerators, ranges, toilets, washers, dryers, bath°tubs, water heaters,
sinks, bicycles, and other similar appliances, household goods, minor "do it
yourself" projects construction debris, and furniture and all of the above shall not
be commingled with Vegetative Waste.
4.5 Village: Village of Tequesta, Florida.
4.6 Collection: Shall mean the process whereby solid waste, garbage, trash,
bulk trash, vegetative waste or recyclable material is removed and transported
M to a Designated Facility.
3
M 4.7 Commercial Service: Shall herein refer to the service provided to business
establishments, churches, schools, apartments (for profit apartment buildings
containing four (4) or more living units are classified as commercial accounts),
office buildings and other establishments. Service shall include container rental,
the rolling out and locking and unlocking of containers, opening and closing
doors and gates, exchanging containers, changing container locations,
supplying locks and locking mechanisms for containers, and other services
required for the proper maintenance of containers. Commercial Service
,y}
includes Roll-off Collection Service.
4.8 Commercial Trash: Shall mean any and all accumulations of paper, rags,
excelsior or other packing materials, wood, paper or cardboard boxes or
containers, sweepings, and any other accumulation not included under the
definition of garbage, generated by the operation of stores, offices, and other
business places. Commercial trash shall include furniture, appliances, car parts,
and all other accumulations not included within the definition of garbage and
shall be included in the service if properly containerized. Commercial trash shall
not include Special Waste.
4.9 Construction and Demolition Debris: Shall mean materials defined as such
from time to time by the Department and Chapter 17-7, F.A.C.
4.10 Contract or Agreement: The Contract executed by the Village and the
Contractor for the performance of the work.
4.11 Contractor or Vendor: The person, firm, corporation, organization or
agency with whom the Village has entered into an agreement to provide the
services described herein.
4.12 Department: Shall mean the Florida Department of Environmental
Protection.
4.13 Designated FaciiitY: Shall mean a disposal processing, recovery, recycling
or transfer facility designated by the Village Manager.
4.14 Disposal Costs: Shall mean the "tipping fees", landfill costs or processing
fees charged to the Contractor by others for disposal of the waste collected by
the Contractor.
4.15 Garbage: Shall mean all putrescible waste which generally includes but
is not limited to kitchen and table food waste, animal, vegeta#ive, food or any
organic waste that is attendant with or results from the storage, preparation,
cooking or handling of food materials whether attributed to residential or
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commercial activities. Vegetative Waste shall not be commingled with
Garbage in the same collection. Garbage shall not include any material that
falls within the definition of Special Waste.
4.16 Garbage Receptacle: Shall mean any commonly available light gauge
steel, plastic, or galvanized receptacle of anon-absorbent material, closed at
one end and open at the other, furnished with a closely fitted top or lid and
handle(s). A receptacle also includes a heavy duty, securely tied, plastic bag
designed for use as a garbage receptacle. Any receptacle including waste
materials shall not exceed fifty (50) gallons in capacity or fifty (50) pounds in
weight, unless designated by Contractor for special handling or Contractor
provided recepticle (mobile cart) in which case, capacity and weight will be
volume-based.
4.i 7 Hazardous Waste: Shall mean solid waste as defined by the State of
Florida Department of Environmental Regulation as a hazardous waste in the
State of Florida Administrative Code, or by any future legislative action or by
federal, state or local law.
4.18 Industrial Wastes: Industrial wastes are not included in the scope of this
contract.
4. i 9 Loose Refuse: Refuse which is collected from the ground is considered
loose refuse.
4.20 Mechanical Container: Shall mean and include any detachable metal
container designed or intended to be mechanically dumped into a
loader/packer type of garbage truck used by the Contractor.
4.21 Multiple Dwelling Units: Shall mean any building containing four (4) or
more permanent living units, not including motels and hotels.
4.22 Performance and Payment Bond: Shall mean the form of security
approved by the Village and furnished by the Contractor as required by this
Contract as a guarantee that the Contractor will execute the work in
accordance with the terms of the Contract.
4.23 Recyclable Materials: Shall mean newspapers (including inserts),
magazines and catalogs, aluminum cans, aluminum foil and pie plates, plastic
containers, glass bottles and jars, corrugated cardboard, brown paper bags,
mixed paper (magazines, phone books, office paper, etc.), drink boxes, milk and
juice cartons, and other solid waste materials added upon Agreement between
the Village and the Contractor, when such materials have been either diverted
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from the remaining solid waste stream or removed prior to their entry into the
remaining solid waste stream. The Village reserves the right to modify the types
of materials collected by the Contractor and the point of delivery for
processing.
4.24 Recycling: Shall mean any process by which solid waste, or materials
which otherwise become solid waste, are collected, separated, or processed
and reused or returned to use in the form of raw materials or products, as
defined by the State of Florida D.E.P. Chapter ~ 7-7, F.A.C.
4.25 Rolloff Collection Service: Shall mean the Collection of Construction and
Demolition Debris only using rolloff containers, or the Collection of Construction
and Demolition Debris by other mechanical means, within temporary locations
in the Village.
4.26 Refuse: Shall mean commercial/industrial trash, household trash and
garbage or a combination of mixture of commercial trash, household trash and
garbage, plus construction material.
4.27 Refuse Regulations: Shall herein refer to regulations prescribed by the
i Village together with such administrative rules, regulations and procedures as
any be established for the purpose of carrying out or making effective the
provision of this contract.
4.28 Residential Service: Shall herein refer to the refuse, recycling and
vegetative waste collection service provided to single family and multi-family
residences occupying residential dwelling units within the Village who are not
receiving commercial service.
4.29 Sludge: Includes the accumulated solids, residues, and precipitates
generated as a result of waste treatment or processing, including wastewater
treatment, water supply treatment, or operation of an air pollution control
facility, and mixed liquids and solids pumped from septic tanks, grease traps,
privies, or similar waste disposal appurtenances.
4.30 ~ecial Waste: Shall mean solid wastes that require special handling and
management, and which are not accepted at a landfill or other disposal facility
or which are accepted at a landfill or other disposal facility at higher ra#es than
is charged for refuse, including, but not limi#ed to, asbestos, whole tires, used oil,
lead-acid batteries, and Biohazardous wastes.
4.31 Trash: Shall mean all refuse, accumulation of paper, excelsior, rags,
wooden or paper boxes and containers, sweepings, broken toys, tools, utensils,
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~' and all other accumulations of a similar nature other than Garbage, which are
usual to housekeeping and to the operation of stores, offices and other business
places, but shall not include Vegetative Waste.
4.32 Uniform Level of Service: Shall mean any and all garbage and trash,
whether commercial or residential, which conforms to the preparation and
storage requirements of this contract, and is collected in accordance with
Village approved schedule. ~:
4.33 Vegetative Waste: Shall mean any vegetative matter resulting from yard
and landscaping maintenance and shall include materials such as tree and
shrub materials, grass clippings, palm fronds, Christmas trees, tree branches and
similar other matter usually produced as refuse in the care of lawns, landscaping
and yards. Residents must bag or containerize all grass clippings, leaves, pine
needles, and similar small loose items. Large Vegetative Waste items must be
not more than six (6) feet in length or fifty (50) pounds in weight, and shall be
placed neatly at the curb to comply for regular scheduled collection.
ARTICLE II
SERVICES TO BE PERFORMED BY CONTRACTOR -REFUSE COLLECTION
5. DESCRIPTION OF WORK
5.1 The Contractor shall provide Refuse collection services within the Village
Limits of Tequesta. The Contractor shall have the exclusive right to provide
Refuse collection service in the Village in accordance with the Terms herein.
5.2 The Contractor is aware of the requirements of the Florida Solid Waste
Management Act and other applicable federal and state laws, and is
responsible for determining the impact of such legislation on its operation.
5.3 The Contractor shall provide, at his 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 Protection of Adjacent Property and Utilities. The Contractor shall
conduct his work in such a manner as to avoid damage to adjacent private or
public property and shall immediately repair or pay for any damage incurred
through its operations. The Contractor shall take cognizance of all existing
utilities and it shall operate with due care in the vicinity of such utilities and shall
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immediately repair or have repaired at no additional cost to the owner any
breakage or damage caused by its operation.
5.5 ~illa.c~e. The Contractor shall not litter or cause any spillage to occur
upon the premises or the rights-of-way wherein the collection shall occur.
During hauling, all refuse 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 Designated Facility. All Refuse, Recyclable Materials and Vegetative
Waste shall be hauled to a designated facility as directed in writing by the
Village Manager and disposed of at those facilities at the expense of the
Contractor.
6. RESIDENTIAL COLLECTION SERVICE
6.1 The Contractor shall have the exclusive right to and shall collect and
dispose of all Refuse, except Special Waste, Hazardous Waste, Biohazardous
Waste, Biological Waste and Sludge, from all single family homes, multiple
dwelling units and individual mobile homes. Mobile home parks wi11 be serviced
as residential units. In addition, the Contractor can offer "Back Door" or other
enhanced services to residents for a negotiated fee. Certifiable Handicapped
residents (medical proof required) will be provided Back Door service at no
charge.
6.1.1 Frequency of Collection. The Contractor shall collect refuse from places
of residence within the Village at least two (2) times per week, with collections
at least three (3) days apart. The Village shall approve all proposed changes to
days of the week proposed by Contractor for collection days prior to the
Contractor implementation.
6.1.2 Hours of Collection. Collection shall begin no earlier than 7:00 o'clock
a.m., and shall cease no later than 7:00 o'clock p.m. The hours of collection
may be extended provided the Contractor has received prior approval from
the Village Manager, to be later evidenced by a written memorandum
confirming the approval. Should the Contractor not confirm and obtain in
writing the approval to operate on an emergency basis, it shall be conclusively
presumed that the Contractor had not obtained such approval. No collection
shall occur on Sundays or holidays (referenced in 9.4) except in time of
emergency, and with the Village Manager's prior approval.
6.1.3 Point of Pickup of Residential Refuse. Collections of residential refuse shall
be at curbside or other such locations as will provide ready accessibility to the
8
Contractor's collection crew and vehicle. In the event an appropriate location
cannot be agreed upon, the Village Manager or his/her designee shall
designate the location. Nothing in this section shall require the Contractor to
remove waste resulting from construction activity or the clearance of vacan#
lots, except as further required in Section 6.1.6.
For those residents who, by reason of their disability, certified by a doctor
and approved by the Village, are unable to place garbage,:receptacles at the
curb, collection will be from the rear door or other accessible location adjacent
to the residence, and shall be replaced when empty.
6.1.4 Receptacles. The Contractor shall be required to pick up all garbage,
trash and bulk trash generated from residential units which have been properly
prepared and stored for collection as follows:
All garbage shall be placed in a garbage can or in such other proper
disposal bag or cart and shall be placed at curbside (within 6 feet of roadway)
or at such other single collection point as may be agreed upon by the
Contractor and the customer.
Usual household trash shall either be placed in containers where it shall
be collected in the same manner as garbage or piled at curbside. Non-
containerized trash shall be collected providing that it does not exceed six (6)
feet in length or fifty (50) pounds in weight for any piece or segmen# of such
materials.
Containerized Multiple Dwelling Units (dwellings containing four (4) or
more units under a single roof) serviced by Mechanical Containers shall
containerize all Garbage and Trash. Bulk Trash shall be collected at a
designated site agreed to by the Contractor and the customer and approved
by the Village. Containerized Services shall include the rolling out and locking
and unlocking of containers, opening and closing doors and, gates, exchanging
containers, changing container location, supplying locks and locking
mechanisms, and other services required for proper maintenance of containers.
6.1.5 Me#hod of Collection of Residential Refuse. The Contractor shall make
collections with a minimum of noise and disturbances to the householder. Any
refuse spilled by the Contractor shall be picked up immediately by the
Contractor. Garbage 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. Metal and plastic cans
shall be inverted with covers placed topside up on the ground next to the
container. Any type receptacle found in a rack, cart or enclosure of any kind
9
shall be returned upright to such rack, cart or enclosure and lids shall be placed
securely and properly on the top of said receptacles. In the event of damage
by the Contractor to garbage receptacles, the Contractor shall be responsible
for the timely repair or replacement of said receptacles within seven (7) days at
no cost to the customer. The replacement must be similar in style, material,
quality and capacity. Throwing of any garbage can, container, or recycling
container is prohibited.
6.1.6 Vacant Lots. The Contractor shall also collect household trash, and
garden and yard trash generated by normal maintenance activities from the
swale or right-of-way of vacant lots in residentially developed neighborhoods at
no additional charge. It will not be the responsibility of the Contractor to
remove waste resulting from clearing property for building purposes, or materials
deposited by subcontractors.
6.1.7 Bulk Trash. The Contractor shall collect bulk trash from residents not more
than once per week.
7. COMMERCIAL COLLECTION SERVICE
7.1 The Contractor shall have the exclusive right to and shall collect and
dispose of all Refuse, except Special Waste, Hazardous Was#e, Biohazardous
Waste, Biological Waste and Sludge, from or generated by any commercial or
industrial use, and any use not contained within residential services. Contractor's
exclusivity regarding Commercial Service shall include Rolloff Collection
Service.
7.1.1 Frequency of Collection. Commercial containers may be collected at
any time and will be made frequently enough to prevent containers from
becoming overloaded. Collection shall begin no earlier than six o'clock (6:00)
a.m. and shall cease no later than seven o'clock (7:00}p.m.Commercial
customers located adjacent (within a one block radius) to residential uses sha11
only be collected during residential collection hours as stated in Section 6.1.2. In
the event a customer's container is consistently overloaded the Village will
require the customer to increase service. In the event of an emergency,
collection may be permitted at times not allowed by this paragraph, provided
the Contractor has received prior approval from the Village Manager or his
designee, to be later evidenced by a written memorandum confirming the
approval. Should the Contractor not confirm and obtain in writing the approval
to operate on an emergency basis, it shall be conclusively presumed that the
Contractor had not obtained such approval.
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7.1.2 Point of Pickup of Commercial Refuse. Commercial Refuse customers
shall place containers at locations that are mutually, agreed upon by the
customer and the Contractor and approved by the Village which are
convenient for collection by the Contractor. Where mutual agreement is not
reached, the Village Manager or his/her designee sha11 designate the location.
7.1.3 Commercial Receptacles. Commercial establishments shall use
Mechanical Containers as defined in Section 4.20. Containers must be properly
maintained and kept clean and sanitary.
7.1.4 Method of Collection of Commercial Refuse. The Contractor shall make
collections with as little disturbance as possible. Any refuse spilled by the
Contractor shall be picked up immediately by the Contractor.
8. MUNICIPAL COLLECTION SERVICE
8.1 The Contractor shall provide residential or commercial collection and
disposal service, as appropriate, to all property owned, leased, rented or
controlled by the Village of Tequesta including, but not limited to, those
designated by the Village Manager if acquired during the contract term. These
services shall be provided at no charge to the Village. Exhibit I is a current list of
properties to receive this service.
8.1.1 The Contractor shall empty all Refuse, Recycling and Vegetative Waste
containers in any and all of the above mentioned properties at a frequency to
be determined by the Village Manager or his/her designee. The Village shall
have the right to use mechanical containers, commercial type trash cans with
covers or any other container within the size limits prescribed by definition. The
Contractor shall provide all mechanical containers for the use of the Village,
which said containers shall be kept in operable condition by the Contractor
throughout the life of the Contract.
8.2 Special Events. The Contractor shall provide at no charge to the Village
for all services, containers and equipment required for waste collection and
disposal and portable sanitation service at all special Village functions or
sponsored events deemed appropriate by the Village Manager or his/her
designee (such as J.T.A. softball games, beach clean-up, etc.).
9. SCHEDULES AND ROUTES
9.1 The Contractor shall provide the Village with schedules for all collection
routes and keep such information current at all times. Any proposed changes in
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route schedules must be preapproved and the Village shall be immediately
notified in writing a minimum of 30 days in advance. The Village Manager shall
approve all permanent changes in routes or schedules that alter the day of
pickup. Upon approval of the Village Manager, the Contractor shall publish in a
newspaper of general circulation in Palm Beach 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.
9.2 The Village reserves the right to deny Contractors vehicles access to
certain streets, alleys and public ways inside the Village en mute to the disposal
site where it is in the interest of the general public to do so because of the
condition of the streets or bridges. The Contractor shall not interrupt the regular
schedule or quality of service because of street closures of less than eight (8)
hours in duration. The Village shall notify the Contractor of street closures of
longer duration and arrangements for service will be made in a manner
satisfactory to Contractor and Village. Customers under this contract shall
receive reasonable notification of the schedules provided by the Contractor
prior to commencement of service. Only local truck routes shall be used in
transit, unless specifically for the purpose of collection.
NOTE: The Contractor's attention is directed to the fact that at times
• during the year, the quantity of Refuse to be disposed of is materially increased
by the influx of visitors. This additional load will not be justification for the
Contractor to fail to maintain the required collection schedules and routes.
9.3 Storm. In case of a natural occurrence, the Village 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 Village 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 Village to acquire
additional equipment and to hire extra crews to clean the Village of debris and
Refuse resulting from the storm, the Contractor shall be required to work with the
Village in all possible ways for the efficient and rapid cleanup of the Village. In
such event, the Contractor shall receive extra compensation above the
Contract price for additional employees, overtime, and cost of rental
equipment, provided Contractor has first secured prior written authorization from
the Village Manager or his/her designee. The total cost for such service shall be
based on total direct cost (less any disposal costs not covered by SWA) plus 5~
profit. A detailed breakdown of direct cost to be provided with billing. Upon
notice from the Village, the Contractor shall secure or remove all receptacles,
mechanical or portable, on Village property. In addition, the Village may
require the Contractor to provide Village-wide emergency vegetative
collection prior to a storm. Every effort will be made to provide as much
advance notice as is possible under the circumstances.
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9.4 Holidays. The Contractor will not provide service on the following
holidays: New Year's Day, Thanksgiving and Christmas. If the regular collection
day falls on any of the aforementioned holidays, the Contractor shall collect
the Refuse on the next regu{arly scheduled collection day.
10. COLLECTION EQUIPMENT
10.1 The Contractor shall have on hand at all times, in good working order and
sanitary condition, such equipment as shall permit the Contractor to adequately
and efficiently perform its contractual duties. Equipment shall be obtained from
nationally known and recognized manufacturers of garbage collection and
disposal equipment. All replacement and additional vehicles shall be new
equipment unless otherwise agreed by the Village. Equipment shall be of the
enclosed loader packer type, or other equipment which meets industry
standards and is approved by the Village. All equipment shalt be kept in good
repair, appearance, and in a sanitary and clean condition at all times. The
Contractor shall have available reserve equipment which can be put into
service within two (2) hours of any breakdown. Such reserve equipment shall
correspond iri size and capacity to the equipment used by the Contractor to
perform the contractual duties. A list of the Contractor's equipment shall be
given to the Village at the time of each annual audit.
Equipment is #o be painted uniformly with the name of the Contractor,
business telephone number and the number of the vehicle in letters not less
than five (5) inches high on each side of the vehicle. All vehicles shall be
numbered and a record kept of the vehicle to which each number is assigned.
No advertising shall be permitted on vehicles, except of events sponsored by
the Village.
1 1. SPECIAL WASTE, HAZARDOUS WASTE, BIOHAZARDOUS WASTE, BIOLOGICAL
WASTE AND SLUDGE
The Contractor shall not be required to collect and' dispose of Special
Waste, Hazardous Waste, Biohazardous Waste, Biological Waste or Sludge, but
may offer such service in the Village. All such collection and disposal for the
types of waste referenced in this section, when done by the Con#ractor, shall be
in strict compliance with all federal, state and local laws and regulations.
ARTICLE 111
SERVICES TO BE PERFORMED BY THE CONTRACTOR -RECYCLING
12. DESCRIPTION OF THE WORK
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] 2.] The Contractor shall have the exclusive right to and shall collect all
Recyclable Materials, including but not limited to, newspaper (including inserts),
magazines and catalogs, aluminum foil and pie plates, glass, aluminum cans,
polyethylene terephthalate (PET) and high density polyethylene (HDPE) bottles,
corrugated cardboard, brown paper bags, mixed paper, drink boxes, set out for
the purpose of recycling from all single family homes, multi-family units of four (4)
or less units under common ownership and individual mobile homes and mobile
home parks within the Village limits of the Village of Tequesta. The collection of
Recyclables shall be conducted utilizing two containers. ~~he Contractor will
coordinate with the Village regarding any proposed change in collection of
recyclables as proposed by the Solid Waste Authority. This change in recycling
collection from a two-part waste stream to a three-part waste stream
(newspaper, other mixed paper, and commingled) will be planned and
coordinated with the Village. Proposed implementation plan, along with
impact analysis, to be submitted to Village six months prior to effective date for
approval.
Additionally, the Contractor shall provide adequate mechanical
containers to facilitate aVillage-wide recycling program for all condominiums
and apartment complexes receiving containerized service. Multifamily
containerized recycling services shall utilize ninety-six (96) gallon mechanical
containers to collect Recyclable Materials.
As it becomes appropriate or beneficial, other items may be added to
the list of Recyclable Materials at the direction of the Village Manager. Likewise,
if it becomes unfeasible or financially impractical to continue collection of any
one of the above times, the Contractor may petition the Village Manager for
approval to discontinue collection of those items.
12.2 Frequency of Collection. The Contractor shall collect Recyclable
Materials within the Village at least one (])time per week. The day of collection
shall be on the same day as one of the collection days for solid waste.
12.3 Hours of Collection. Collection shall begin no earlier than seven o'clock
(7:00) a.m. and shall cease no later than seven o'clock (7:00) p.m.; provided,
however, that in the event of emergency or unforeseen circumstances,
collection may be permitted at a time not allowed by this paragraph following
approval by the Village Manager or designee.
12.4 Point of Pickua of Recyclable Materials. Collection of Recyclable
Materials shall be at curbside or other such locations as will provide ready
accessibility to the Contractor's collection crew and vehicle. In the event an
14
• appropriate location cannot be agreed upon, the Village Manager shall
designate the location.
12.5 Receptacles. The Contractor shall pick up all Recyclable Materials which
have been properly prepared for collection and placed in recycling containers
or paper bags and set at curbside.
The Contractor shall supply and distribute to each new residence within
the Village two (2) containers for Recyclable Materials and provide
replacements to all residences as needed, using color, design and logo as
designated by the Village. The cost of these containers will be borne by the
Contractor. The containers shall be A-1 Products Corporation, Model 9732,
"BLUE BOX" and "YELLOW BOX", or equivalent. Receptacles may be imprinted
with a logo and/or recycling theme as approved by the Village. All recycling
containers shall become the property of the Village when distributed. Any
containers distributed prior to the commencement of this agreement provided
by the Contractor shall also become the property of the Village on the
effective date of this contract.
The Contractor shall maintain an adequate supply of containers to
provide for replacements and for new residents. All recycling containers
provided or replaced by the Contractor shall be identical in type, size and color
for each type of recycling container.
12.6 Method of Collection of Recyclable Materials. Unless otherwise agreed in
writing the Contractor shall separate (2 PART) at the point of pickup, at -east the
newspaper from the aluminum cans, glass and plastics and place into different
sections of the collection vehicle. The Contractor shall make collections with a
minimum of noise and disturbance to the householder. Any .Recyclable
Materials spilled by the Contractor shall be picked up immediately. Recycling
containers shall be thoroughly emptied and left inverted at the point of
collection.
12.7 Schedules and Routes. Recyclable Materials collection for a dwelling unit
shall be made on one of the two solid waste collection days for that dwelling
unit. Therefore, schedules and routes shall match the schedules and routes for
solid waste collection, except that the Village Manager or designee is
authorized to modify, extend or suspend schedules in the event of natural
disaster, health hazard or any other state of emergency requiring such action.
The Village reserves the right to deny Contractor's vehicles access #o
certain streets, alleys and public ways inside the Village en route to the disposal
site where it is in the interest of the general public to do so because of the
15
condition of streets or bridges. The Contractor shall not interrupt the regular
schedule or quality of service because of street closures of less than eight (8)
hours in duration. The Village shall notify the Contractor of street closures of
longer duration and arrangements for service will be made in a manner
satisfactory fio Contractor and Village. Customers under this contract shall
receive reasonable notification of the schedules provided by the Contractor
prior to commencement of service. Only local truck routes shall be used in
transit, unless specifically for the purpose of collection.
12.8 Monitoring Records. The Contractor shall be responsible for maintaining
information and records adequate to determine participation rates and weekly
set out rates by percent, volume of solid waste diverted from landfill by percent,
weight by material of items recycled, neighborhoods above or below average
participation and other information required by Village, Palm Beach County or
the State of Fiorida necessary to meet the requirements of the Solid Waste
Management Act or to obtain grant funds from the Solid Waste Management
Trust Fund. The Contractor shall furnish monthly reports to the Village due by the
10th of the following month containing the requested information.
12.9 Equipment. The Contractor shall have on hand at all times, in good
• working order and sanitary condition, such equipment as shall perform its
contractual duties. Equipment shall be obtained from nationally known and
recognized manufacturers of recycling equipment and shall be kept in good
repair, appearance, and in a sanitary and clean condition a# all times.
Collection vehicles shall be designed to be driven from both sides and have
separate compartments into which the different recyclable materials may be
placed. Prior to purchasing equipment, it shall be the responsibility of the
Contractor to determine the available space, turning radii, ceiling heights, etc.
of the likely buyers or processors of the recycled materials. All replacement and
additional vehicles shall be new equipment unless otherwise agreed by the
Village. The Contractor shall have available reserve equipment which can be
put into service within two (2) hours of any breakdown. Such reserve equipment
shall correspond in size and capacity to the equipment used by the Contractor
to perform the contractual duties. A list of the Contractor's equipment shall be
given to the Village at the time of each annual audit.
The Contractor may also add his name and business telephone number
to each side of the vehicle. The rear of the vehicle shall contain signs warning
the public of frequent stops. All vehicles shall be numbered and a record kept
of the vehicle to which each number is assigned. No advertising shall be
permitted on vehicles except that approved by the Village.
16
12. ~ 0 Holidays. The Contractor will not provide service on the following
holidays: New Year's Day, Thanksgiving and Christmas. Residential Recyclable
Materials not collected on Thanksgiving shall be collected on "the next
scheduled recycling collection service day. Residential Recyclable Materials
not collected on Christmas Day and New Year's Day sha11 be collected on the
next scheduled solid waste collection day when possible, but not later than the
next scheduled recycling collection day.
~~.,
13. PROMOTION: PUBLIC RELATIONS AND EDUCATION
The Village and the Contractor will share responsibility for the promotion
of the recycling programs. The Village and the Contrac#or will cooperate in the
design of promotional events and educational programs and the preparation
of promotional materials such as door hangers and/or flyers for public
distribution; however, the Village's contribution shall be subject to budget,
review and approval by the Village. The Contractor will distribute written
information to the residential participants on a periodic basis and assist with
preparation of the Annual Grant report. The Contractor further agrees to
conduct presentations for schools, civic groups, homeowners associations and
other appropriate citizens groups.
•
ARTICLE IV
SERVICES TO BE PERFORMED BY THE CONTRACTOR -
VEGETATIVE WASTE COLLECTION
14. DESCRIPTION OF WORK
14.1 The Contractor shall provide vegetative waste collection and disposal
within the Village limits of Tequesta. The Contractor shall have the exclusive
right to provide vegetative waste collection and disposal service within the
Village in accordance with the specifications herein. Landscape maintenance
companies may haul vegetative waste resulting from their own activities.
14.2 Frequency of Collection. The Contractor shall collect Vegetative Waste
from residences within the Village two (2) times per week. The day of collection
shall be on the same day as the collection day for solid waste.
14.3 Hours of Collection. Collection shall begin no earlier than 7:00 o'clock
a.m. and shall cease not later than 7:00 o'clock p.m.; provided that in the event
of emergency or unforeseen circumstances, collection may be permitted at a
• time not allowed by this paragraph following approval by the Village Manager
or designee.
17
14.4 Point of Pickup of Vegetative Waste. Collection of Vegetative Waste shall
be at curbside or other such locations as will provide ready accessibility to the
Contractor's collection crew and vehicle. In the event an appropriate location
cannot be agreed upon, the Village Manager or his/her designee shall
designate the location.
14.5 Preparation of Vegetative Waste for Collection. The Contractor shall pick
up all Vegetative Waste generated from residential units as follows:
~..,
Vegetative Waste shall be placed adjacent to the pavement or traveled
way of the street. Residents must bundle or containerize small or loose
Vegetative Waste. Large items or accumulations of vegetative waste will be
collected by mechanical means (clamshell) at least one time per week.
In the event of a dispute between Contractor and a customer as to what
constitutes Vegetative Waste, the situation will be reviewed and decided by the
Village Manager or his/her designee, whose decision shall be final.
14.6 Method of Collection of Vegetative Waste. The Contractor shall make
collections with a minimum of noise and disturbance to the householder. Any
Vegetative Waste spilled by the Contractor shall be picked up immediately by
the Contractor. 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. Metal and plastic cans shall be inverted
with covers placed topside up on the ground next to the container. Any type
receptacle found in a rack, cart or enclosure of any kind shall be returned
upright, to such rack, cart of enclosure and lids shall be placed securely and
properly on the top of said receptacles.
14.7 Routes. The Village reserves the right to deny Contractor's vehicles access
to certain streets, alleys and public ways inside the Village en route to the
disposal site where it is in the interest of the general public to do so because the
condition of the streets or bridges. The Contractor shall not interrupt the regular
schedule or quality of service because of street closures of less than eight (8)
hours in duration. The Village shall notify the Contractor of street closures of
longer duration and arrangements for service will be made in a manner
satisfactory to Contractor and Village. Customers under this contract shall
receive reasonable notification of the schedules provided by the Contractor
prior to commencement of service. Only local truck routes shall be used in
transit, unless specifically for the purpose of collection.
• 14.8 Equipment. The Contractor shall have on hand at all times and in good
working order such equipment as shall permit the Contractor to adequately
18
and efficiently perform its contractual duties. Equipment shall be obtained from
nationally known and recognized manufacturers of collection and disposal
equipment. Collection vehicles shall be of the enclosed loader parker type or
other vehicle designed to allow for efficient collection of Vegetative Waste.
The equipment shall be kept in good repair, appearance, and in a sanitary and
clean condition at all times. All replacement and additional vehicles shall be
new equipment unless otherwise agreed by the Village. The Contrac#or shall
have available reserve equipment which can be put into service within two (2)
hours of any breakdown. Such reserve equipment shall correspond in size and
capacity to the equipment used by the Contractor to perform the contractual
duties. A list of the Contractor's equipment shall be given to the Village at the
time of each annual audit.
14.9 Holidays. The Contractor will not provide service on the following
holidays: New Year's Day, Thanksgiving and Christmas. Vegetative Waste not
collected on Thanksgiving shall be collected on the next scheduled vegetative
waste collection service day. Vegetative Waste not collected on Christmas
Day and New Year's Day shall be collected on the next solid waste collection
day.
•
ARTICLE V
QUALITY OF SERVICE
15. CONTRACTOR'S PERSONNEL
15.1 Contractor's Officer(s). The Contractor shall assign a qualified person or
persons to be in charge of the operations within the Village. The Contractor
shall give the names, address and phone number of these persons to the
Village. Information regarding the person's experience and qualifications shall
be furnished. Supervisory personnel must be present on the routes to direct
operations in a satisfactory. manner. Said supervisor(s) .mint be available for
consultation with the Manager and/or customers within a reasonable,
practicable time of#er notification of a request for such consultation. The
supervisor{s) shall operate a vehicle which is radio equipped.
15.2 Dangerous Animals and Refuse Collection. Employees of the Contractor
shall not be required to expose themselves to the danger of being bitten by
vicious dogs in order to accomplish refuse collection. In any case where the
owner or tenants have such animals at large, the Contractor shall immediately
i notify the Village Manager of such condition and of his inability to make
collection because of such conditions.
19
• 15.3 Conduct of Employees. The Contractor shall ensure that his/her
employees serve the public in a courteous, helpful and impartial manner.
Contractor's collection employees will be required to follow the regular walk for
pedestrians while on private property. No trespassing by employees will be
permitted, nor crossing property of neighboring premises unless residents or
owners of both such properties shall have given permission. Care shall be taken
to prevent damage to property, including cans, carts, racks, trees, shrubs,
flowers and other plants.
_~„
15.4 Employee Uniform Regulations. The Contractor's solid waste collection
employees shall wear a uniform or shirt bearing the company's name. Lettering
stitched on or identifying patches permanently attached to uniform shirts and
jackets will be acceptable. The Contractor shall keep a record of employees
names and numbers assigned.
15.5 Compliance with State Federal and Municipal Law. The Contractor shall
comply with all applicable Village, State and Federal laws relating to wages,
hours, and all other applicable laws relating to the employment or protection of
employees, now or hereafter in effect.
• 15.6 Fair Labor Standards Act. The Contractor is required and hereby agrees
by execution of the Contract 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.
15.7 Other Employee Benefits. Conditions of employment shall be published
and conspicuously posted so all employees may be informed. The Contractor
sha11 furnish reasonable uniforms, rain gear and safety equipment.
15.8 Each vehicle operator shall at all times carry a valid Florida Commercial
Driver's License for the type of vehicle that is being driven.. ,
15.9 The Contractor shall provide operating and safety training for all
personnel.
15.10 The Contractor shall, whenever practical, employ its personnel who are
residents of Palm Beach County.
15.1 1 No person shall be denied employment by the Contractor for reasons of
race, sex, national origin, creed, age, physical handicap, or religion.
15.12 Contractor shall maintain a Drug Free Workplace policy.
20
.._ e_r _ . ...~~. _ e.,.vx_
,...
•
16. CONTRACTOR'S OFFICE
16.1 The Contractor shall provide a# his expense, a suitable office located
within reasonable proximity to the Village. The Contractor shall maintain and
adequately staff a local toll-free telephone number where complaints shall be
received, recorded and handled during normal working hours of each week
and shall provide for prompt handling of emergency complaints and all other
calls.
i 6.2 Notification to Customers. The Contractor shall notify all customers in
writing about complaint procedures, rates, regulations, and the days of
collection.
ARTICLE VI
CHARGES, RATES, AND LEVEL OF SERVICE
17. PAYMENT AND BILLING
• 17.1 Compensation. The Village shall pay the Contractor compensation for
the performance of the Contract, the sums due based on the unit prices as
listed in the Exhibit II, subject to any increases or deductions as provided under
the Contract. Contractor's Unit Price Schedule for all collections hereunder shall
include transportation costs. Contractor shall submit an invoice by the 10th of
each month for services rendered during the preceding month, and payments
will be made to the Contractor within 30 days upon receipt and verification of
the invoice submitted.
17.2 Billing Procedures. Billing arrangements for the various service types are
summarized as follows:
Service Type
Solid Waste Collection
- Residential, including Mobile Homes
- Commercial & Containerized Multi-Family
Vegetative Waste Collection
-Residential, including Mobile Homes
Customer Billed By
Village
Contractor
Village
21
Recyclable Materials Collection
- Residential, including Mobile Homes Village
- Commercial 8~ Containerized Multi-Family Contractor
Container Rental
- Residential Contractor
- Commercial Contractor
~,
On the first day of each month the Contract payment(s) for all services
hereunder shall be adjusted to correspond with the number of existing or new
buildings, and the demolition of old buildings. The adjustment made on the first
day of each month shall be for buildings either occupied or demolished during
the second month preceding the adjustments; for example, any change which
is made on June 1 of any year will be for buildings occupied or demolished in
April of the subject year. Any existing unit shall be considered unoccupied
whenever the Village has temporarily terminated wafter service, at the
customer's request only. Any new unit shall be considered to be occupied
when a certificate of occupancy has been issued and water service has been
provided to the unit's occupant(s). Proof of demolition shall be demolition
permits issued by the Building Division. The number of units shall be reviewed not
less than semi-annually by the Village and the Contractor. Any adjustment as a
result of this review shall be reflected on the next invoice from the Contractor.
No adjustment shall be made to prior months' invoices due to an incorrect
count of units.
The Village will bill the residential accounts, as shown above, on a
reimbursable basis, for the contractor. The charge will be per account
per month.
17.3 Disposal Costs. Residential and commercial solid waste disposal costs shall
be separated from residential and commercial collection service costs.
Residential disposal costs will be part of the special assessment billed by the
Solid Waste Authority of Palm Beach County except as otherwise provided in this
Agreement. The Contractor will be given a disposal credit for each residential
unit as calculated by the Solid Waste Authority; however, the Village agrees to
bill new Cos for the period of time the residence is not on the SWA's Role. The
non-assessed portion of the commercial disposal costs will be part of the service
charge billed by the Contractor. The Contractor shall pay the Authority for all
solid waste disposal costs incurred for disposing of all solid waste aft the
Authority's Disposal Facilities except for the portion of disposal costs which have
been separately assessed by the Authority. Any changes in non-assessed
portion of commercial disposal costs will be reflected in the service charge
22
billed by the Contractor, which may only be charged once per year in
accordance with this agreement.
17.4 Unusual Changes or Costs. The Contractor may petition the Village to
adjust the rates in Exhibit II based upon unusual and unanticipated increases in
the cost of doing business, including but not limited to a change in law or
regulation ("Change in Law"). Any such request shall be supported by full
documentation establishing the increase in operating cosfis and the reasons
therefor. The Village shall be entitled to audit the Con#ractor's financial and
operational records directly related to the Contractor's request in order to verify
the increase in costs and the reasons therefor.
"Change in Law" means (I) the adoption, or modification after the date of
this Agreement of any law, regulation, order, statute, ordinance, or rule that
was not adopted, promulgated, or modified on or before the date of this
Agreement, or (ii) the imposition of any material conditions in connection with
the issuance, renewal, or modification of any permit, license, or approval after
the date of this Agreement ,which in the case of either (I) or (ii} establishes
requirements affecting the Contractor's operation under this Agreement more
burdensome than the requirements that are applicable to Contractor and in
effect as of the date of this Agreement. A change in any federal, State, county,
or o#her tax law or workers compensation law shall not be a Change of Law.
However, in the event that a federal, state or local entity imposes a fee, charge
or tax after the date of #his Agreement that applies to Contractor's operations
per se, such fee, charge or tax shall be treated as a Change in Law.
The Contractor's request must be made within ninety (90) days of the
occurrence of such unusual change or cost, and shall contain substantial proof
and justification, as determined by the Village Manager, to support the need for
the rate adjustment. The Village may request from the Contractor, and the
Contractor shall provide, such further information as may be reasonably
necessary in making its determination. The Village shall. approve or deny the
request, in whole or in part, within sixty (60) days of receipt of the request and all
other additional information required by the Village.
17.5 Consumer Price Index Adjustment The rates in Exhibit II shall be
adjusted commencing October 1, 2000 and each October 1 thereafter, based
on the change in the previous year's Consumer Price Index (CPI).
Each new rate shall be computed pursuant to the following
calculations:
New Price = [(CP12 - CP! 1) + 1 ] x Current Price
23
CPII
"CP1" -the Consumer Price Index f 1982-84=100) for the U.S. City Average -
All items -Ail Urban Consumers -South, published by the United States
Department of Labor, Department of Labor Statistics.
"CPI I" -the published CPI for the month of April of the preceding year.
"CP12" -the published CPI for the month of April for the year in which the
rate is being adjusted.
Adjustments to the prices made in accordance with this subsection are
intended to reflect changes in the purchasing power of a given amount of
money expressed in dollars. If CP11 and CP12 are not expressed in relation to the
same base period or if a material change is made in the method of establishing
CPI, the County and the Contractor shall make an appropriate statistical
adjustment or conversion. If the. CPI is discontinued, the Village and the
Contractor shall mutually select another index published by the United States
government or by a reputable publisher of financial and economic indices.
17.6 Level and Type of Service for Collection of Other Wastes. Where the
Contractor agrees to collect Special Waste, Hazardous Waste, Biohazardous
Waste, Biological Waste or Sludge, a written agreement between the
Contractor and the customer shall be entered into regarding the level and type
of service to be provided, at a rate to be negotiated between the parties
involved. However, upon failure of the parties to reach such an agreement for
commercial services only, either party may apply to the Village Manager, who
shall establish the level and type of services to be provided, including the area
of the container and number of pickups per week. All such collection and
disposal for those types of waste in this section, when done by the Contractor,
shall be in strict compliance with all Federal, State, aril Local laws and
regulations.
17.7 Other Considerations.
(1) No additional customer charges will be imposed for services
described in this Agreement.
(2) For purposes of this Agreement the conversion factor is presently
134 pounds per cubic yard; however, upon completion of commercial waste
24
generation studies conducted by the Solid Waste Authority of Palm Beach
County, the conversion factor may be adjusted accordingly.
(3) Contractors are required to containerize waste on the respective
job site(s) utilizing a Nichols container.
ARTICLE VII
CONTRACT PERFORMANCE/PENALTIES/DEFAULT
18. CONTRACT PERFORMANCE
18.1 The Contractor's performance of the Contract shall be supervised by the
Village Manager or his/her designee. If at any time during the life of the
Agreement, performance reasonably satisfactory to the Village Manager or
his/her designee shall not be made, the Contractor, upon notification by the
Village Manager or his/her designee shall increase the force, tools and
equipment as needed to properly perform the Contract. The failure of the
Village Manager or his/her designee to give such notification shall not relieve
the Contractor of his obligation to perform the work at the time and in the
• manner specified by the Agreement.
18.2 The Contractor shall furnish the Village Manager or his/her authorized
representative with every reasonable opportunity for ascertaining whether or
not the work as performed is in accordance with the requirements of the
Contract.
18.3 The Village Manager may appoint qualified persons to inspect the
Contractor's operation and equipment at any reasonable time, and the
Contractor shall admit authorized representatives of the Village to -make such
inspections at any reasonable time and place.
18.4 The failure of the Village at any time to require performance by the
Contractor of any provision thereof shall in no way afifect the right of the Village
thereafter to enforce same. Nor shall waiver by the Village of any breach of
provisions hereof taken or held to be a waiver of any succeeding breach of
such provision or as a waiver of any provision itself.
19. COOPERATION/COORDINATION
• 19.1 The Village and its authorized representatives shall be permitted free
access and every reasonable facility for the inspection of all work, equipment
and facilities of Contractor.
25
i 9.2 The Contractor shall cooperate with authorized representatives of the
Village in every reasonable way in order to facilitate the progress of the work
contemplated under this Contract. Ne shall have at all times a competent and
reliable English speaking representative on duty authorized to receive orders
and to act for him in the case of his absence.
20. COMPLAINTS AND COMPLAINT RESOLUTION
x•~
20.1 Office. The Contractor shall establish an office within reasonable
proximity to the Village where complaints can be received. The office shall be
equipped with sufficient telephones with at least one local phone number, and
shall be open during normal business hours, 8:00 o'clock a.m. to 5:00 o'clock
p.m., Monday through Friday. An emergency after hours telephone number
and contact will be provided to the Village Manager or his/her designee.
20.2 Complaints. The Contractor shall prepare and maintain, in accordance
with a format and method approved by the Village, a register on all
complaints, and shall indicate thereon the disposition of each complaint. Such
record shall be available for Village inspection at all times during business hours.
• The form shall indicate the day and hour on which the complaint was received
and the day and. hour on which it was resolved. When a complaint is received
after 12:00 o'clock noon on the day preceding a holiday, or on a Saturday, it
shall be serviced no later than the next working day. A monthly listing of all the
complaints filed of both residential and commercial and their disposition shall be
mailed monthly to the Village Manager. Legitimacy of challenged complaints
shall be determined on the basis of a joint inspection by the Village Manager or
his/her designee and representative of the Contractor. Valid monthly
complaints should not exceed 1 /2% of customers served, nor a total of 2% per
year. A fine of $50.00 per valid customer complaint exceeding these
percentages may be assessed against the Contractor. Disputes shall be
referred to the Village Manager and his/her decision shall be final.
20.3 Disputes About Collection of Certain Items. It is recognized that disputes
may arise between the Village and Contractor with regard to the collection of
certain items due to disputes over the specific language of the Contract. The
Village Manager may from time to time notify the Contractor by telephone to
remove all such refuse. Should the Contractor fail to remove the refuse within
twenty-four (24) hours from time of notification, the Village will do so and all
costs incurred by the Village shall be deducted from compensation due the
Contractor. Notice of the amount deducted sha11 be given to the Contractor.
If it is reasonably determined that disputed refuse did not conform to contract
26
specification, the Contractor shall be entitled to additional compensation for
removal.
21. DEFAULT AND DISPUTE OF THE AGREEMENT
It shall be the duty of the Village Manager or his/her designee to observe
closely the Contractor's services pursuant to the Contract. Any of the following
events shall be deemed to be a material breach of contract.
~~
21.1 The Contractor takes the benefits of any present or future insolvency
statute, or shall make a general assignment for the benefit of creditors, or file a
voluntary petition in bankruptcy, or a petition or answer seeking an
arrangement for its reorganization, or the readjustment of its indebtedness under
the Federal Bankruptcy laws or under any other law or statute of the United
States, or any state thereof, or consent to the appointment or a receiver,
trustee, or liquidator of all or substantially all of its property; or,
21.2 By order or decree of a court, the Contractor shall be adjudged
bankrupt, or an order shall be made approving a petition filed by any of its
creditors or by any of the Stockholders of the Contractor seeking its
reorganization or the readjustment of its indebtedness under Federal Bankruptcy
laws or under any law or statute of the United States or of any state thereof;
provided that, if any such judgment or order is stayed or vacated within sixty (60)
days after the entry thereof, any notice of cancellation shall be and become
null, void, and of no effect; or,
21.3 By or pursuant to or under authority of any legislative act, resolution, or
rule, or any order or decree of any court of governmental board, agency, or
officer having jurisdiction, a receiver, trustee, or liquidator shall take possession or
control of all or substantially all of the property of the Contractor, and such
possession of control shall continue in effect for a period of sixty (60) days; or,
21.4 The Contractor shall voluntarily abandon, desert, ~ or discontinue its
operations hereunder; or,
21.5 Any lien is filed against any premises in the Village because of any act or
omission of the Contractor and is not removed or the Village and landowner
adequately secured, by bond or otherwise, within ninety (90) days after the
Contractor has received written notice thereof; or,
• 21.6 The Contractor has abandoned, failed, or refused to perform or observe
each and every promise in the Contract, or has failed or refused to comply with
the instructions of the Village Manager relative thereto; and such default is not
27
• cured within seven (7j days after receipt of written notice from the Village. If
the Contractor fails to so cure the default, the Village Manager shall so notify
the Village Council and a public hearing shall be set for a date within fifteen
(]5) days of such notice. The Village Manager shall, not less than five (5) days
prior to the date of such hearing, notify the Contractor and the surety of the
date and place of the public hearing at which the Contractor shall be required
to show cause why the Contractor has not breached the terms of the Contract.
Should the Contractor fail to appear at the hearing or fail to show cause why it
has not breached the fierms of the Contract to the reasonable satisfaction of
the Village, the Village shall declare a breach on the Contract and notify the
Contractor and the surety on the performance bond of such a declaration of
breach, or authorize the Village Manager to take such other action.
!f the Contractor or his surety fails to cure such breach within a reasonable
time thereafter, then the Village may thereupon declare the Contract
canceled. Also, upon such a declaration of breach, all payments due the
Contractor shall be retained by the Village and applied to the completion of
the Contract and to damages suffered and expenses incurred by the Village by
reason of such breach, unless the surety on the performance bond shall assume
the Contract, in which event all payments remaining due to the Contractor at
the time of breach, less amount due the Village from the Contractor and less all
sums due the Village for damages suffered and expenses incurred by reason of
such default, shal{ be due and payable to such surety. Thereafter, such surety
shall receive monthly payments equal to those that would have been paid to
the Contractor had said Contractor continued to perform the agreement. If
such surety fails to exercise such option to cure, the Village may complete the
Contract or any part thereof, either by day labor or by reletting the Contract,
and the Village shall have the right to take possession of and use any or all of
the vehicles, materials, equipment, facilities, and property of every_ kind
provided by the Contractor for the performance of the Contract and to
procure other vehicles of the same and to charge the cost of the same to the
Contractor, together with the costs incident thereto. During such period, the
liability of the Village to the Contractor for loss or damage #o-such equipment so
used shall be that of a bailee for hire, ordinary wear and tear being specifically
exempt from such liability. In the event the Village completes the Contract at a
lesser cost than would have been payable to the Contractor under the
Contract if the same had been fulfilled by said Contractor, then the Village shall
retain such difference. Should such cost to the Village be greater, the
Contractor shall be liable for and pay the amount of such excess cost to the
Village.
Any transfer or assignment of the responsibilities of the Contractor by the
surety must be approved by the Village. The Contractor shall be excused from
28
performance in cases of war, insurrection, riot, acts of God, or other causes
beyond the Contractor's control. For the purpose of this section, a strike shall be
considered within the con#rol of the Contractor.
21.7 Except as otherwise provided in the Contract, any dispute concerning a
question of fact or of interpretation of a requirement of the Contract which is
not disposed of by mutual consent between the parties shall be decided by the
Village Manager, who shall reduce the decision to writing and furnish a copy
thereof to the parties. In connection with any dispute proceeding under this
clause the party shall be afforded an opportunity to be heard and to offer
evidence in support of its version of the facts and interpretation of the Contract.
The Village Manager shall make such explanation as may be necessary to
complete, explain or make definite the provisions of the Contract and the
findings and conclusions shall be final and binding on both parties. Pending the
final decision of a dispute, the Contractor shall proceed diligently with the
performance of the Contract in accordance with the preliminary directions of
the Village Manager.
The Contractor expressly recognizes the paramount right and duty of the
Village to provide adequate waste collection as a necessary government
• function, and further agrees, in consideration for the execution of the contract,
that in the event the Village shall invoke the provisions of this section, Contractor
will either negotiate with the Village for an adjustment of the matter or matters
in dispute, or present the matter to a court of competent jurisdiction with venue
in Palm Beach County in an appropriate suit therefore instituted by the
Contractor or by the Village.
22. RIGHT TO REQUIRE PERFORMANCE
The failure of the Village at any time to require performance by the
Contractor of any provisions hereof shall in no way affect the right of the Village
thereafter to enforce the same, nor shall waiver by the Village of any breach of
any provision hereof be taken or held to be a waiver of any succeeding breach
of such provisions, or as a waiver of any provision itself.
ARTICLE VI11
GENERAL, FINANCIAL AND INSURANCE REQUIREMENTS
23. PERMITS AND LICENSES
The Contractor shall obtain, at its own expense, all permits and licenses
required by law or ordinances and maintain the same in full force and effect.
29
• 24. TITLE TO WASTE
The Village reserves the right at all times to hold title and ownership to a!I
Refuse, Vegetative Waste or Recyclable Materials collected by the Contractor.
25. FRANCHISE FEES
The Contractor shall pay to the Village a fee of three percent (6~} of all
gross revenues billed arising out of any services or operatiorr~ conducted in the
Village. Solid waste disposal costs paid by the Contractor shall be deducted
from the gross revenue total prior to applying the 6~ for calculation of the
franchise fee due to the Village. Franchise fees sha11 be payable within thirty
(30} days of the last day of each calendar quarter. A late charge of 1.5~ of the
monies due for the Franchise fee shall be calculated monthly until payment is
received.
26. SUBCONTRACTORS, ASSIGNMENT AND CHANGE OF CONTROL
Subcontractors will be permitted only for the provision of portable
sanitation services for Special Events as noted under the Appendix. Otherwise,
• subcontractors will not be permitted under the terms of the Agreement.
Contractor shall make no assignment of its rights or obligations under the
Contract without first obtaining the written consent of the Village, which may be
granted or withheld in its sole discretion.
27. BONDS AND SURETIES
27.1 Performance Bond. The Contractor shall furnish a performance bond in
the form attached to these Specifications as security for the performance of the
Contract with the Village of Tequesta. Said performance bond will be the
greater of $1,000,000 or the annual amount of the executed Contract as
calculated at award and adjusted yearly on the anniversary date of the
Contract, to remain in force for the duration of the Contract. The premium for
the performance bond described above shall be paid by the Contractor. The
performance bond shall be written in a surety company licensed #o do business
in the State of Florida with an A.M. Best Financial Rating of A Class VI or higher
for the most current calendar year available.
27.2 Requirements as to Surety. The Surety or Sureties shall be a company or
companies satisfactory to the Village. Any Surety shall be required to have a
resident agent in the State of Florida and shall be duly licensed to conduct
business therein. The requirement of Florida resident agent may be waived by
30
. the Village if evidence satisfactory to the Village is provided that applicable
requirements have been met to permit service of process on a State official
under State law.
28. INSURANCE REQUIREMENTS
28.1 Contractor Insurance. During the life of the Contract, the Contractor shall
procure, maintain and provide the Village with certificates of insurance as
evidence of the insurance required under this Section 28. F-he Village shall be
an additional insured (except on Worker's Compensation) on this insurance with
respect to all claims arising out of the operations or work to be performed.
Cancellation or modification of said insurance shall not be effected without
thirty (30) days prior written notice to Village.
Except as otherwise stated, the amounts and types of insurance provided
by the Contractor shall conform to the following minimum requirements:
28.1.2 Worker's Compensation. The Contractor shall provide and maintain
during the life of the Contract, at his own expense, Workers Compensation
Insurance coverage to apply for all employees for statutory limits in compliance
with the applicable state and federal laws. In addition, the policy must include
employers' liability insurance in an amount not less than $100,000 each
accident, $100,,000 by disease and $500,000 aggregate by disease. If any
operations are to be undertaken on or about navigable waters, coverage must
be included pursuant to the Longshoremen and Harbor Workers Act and the
Jones Act.
28.1.3 Comprehensive General Liability. The Contractor shall provide and
maintain during the life of the Contract, at his own expense Comprehensive
General Liability Insurance. Coverage must be afforded on a form no more
restrictive than the latest edition of the Comprehensive General Liability Policy
filed by the Insurance Services Office and must include:
Minimum limits of $l , 000,000 per occurrence combined single limit for
bodily injury liability and property damage liability.
Premises and/or operations.
Independent contractors.
Products and/or completed operations.
31
The contractual coverage must specify that it covers the Hold Harmless
Agreement which is part of this contract.
28.1.4 Business Automobile Policy. The Contractor shall provide and maintain
during the life of the Contract, at his own expense, Comprehensive Automobile
Liability Insurance. Coverage must be afforded on a form no more restrictive
than the latest edition of the Business Auto Policy filed by the Insurance Services
Office and must include:
~,~
Minimum limits of $1,000,000 per occurrence combined single limit for
bodily injury liability and property damage liability.
Owned vehicles.
Hired and non-owned vehicles.
Employer's non-ownership. The contractual coverage must specify that it
covers the Hold Harmless Agreement which is part of this Contract.
28.1.5 Umbrella Liability. fn addition to the above limits, the Contractor shall
provide at least a $5,000,000 umbrella or excess liability insurance policy.
28.2 Certificate of Insurance. Certificates of all insurance required from the
Contractor shall be subject to the Village's approval of adequacy and
protection. Certificates from the insurance carrier stating the types of coverage
provided, limits of liability, and expiration dates, shall be filed with the Village
before operations are commenced. The required certificates of insurance shall
not only name the types of policies provided, but shall also refer specifically to
this agreement and section and the above paragraphs, in accordance with
which such insurance is being furnished, and shall state that such insurance is as
required by such paragraphs of the Contract. If the initial insurance expires prior
to the completion of the work, renewal certificates shall be furnished, in ten (10)
days prior to expiration, and shall state that such insurance is'as required by such
paragraphs of this agreement.
29. COMPLIANCE WITH LAWS AND REGULATIONS
The Contractor hereby agrees to abide with al! applicable Federal, State
and local laws and regulations. It is understood. that the Village has ordinances
for effecting a solid waste control program. It is the responsibility of the
Contractor to become familiar with such ordinances, and it is understood that, if
any provisions of said ordinances are in conflict with the conditions of the
32
i Contract, the ordinances shall be the governing factor for performances of the
Contract.
30. INDEMNIFICATION
The Contractor shall defend, indemnify, save harmless, and exempt the
Village, its officers, agents, servants, and employees from and against any and
all suits, actions, legal proceedings, claims, demands, damages, costs, expenses,
and attorneys fees resulting from injury to or death of persons or damage to
property arising out of or resulting from the Contract or from work done by the
Contractor in the performance of the Contract except to the extent caused by
the negligence of or breach of contract by the Village. In connection with any
legal proceedings arising hereunder, the Village reserves the right to retain
counsel of its choice and at its own expense, or, in the alternative, approve
counsel obtained by the Contractor.
31. BOOKS AND RECORDS
The Contractor shall maintain separate records of accounts, complaints,
routes and other contract information specific to the Village of Jupiter's
contract area.
The Village shall have the right to review all records that pertain to the
Contract which are maintained by the Con#ractor upon three (3) days' prior
written notice.
32. NOTICES
Any notice required hereunder shall be in writing and delivered in person,
by telecopy or by certified mail to either party at its business address shown
herein.
33. TERMINATION .
The Contract may be terminated by the Village, with cause, upon sixty
(60) days written notice to the Contractor, or after such shorter notice and cure
period as may be specified hereunder. In the event the Contract is terminated
as provided herein, the Contractor shall be reasonably compensated for
services rendered to the effective date of such termina#ion, as mu#ually agreed
upon.
•
33
34. WAIVER:
The, waiver of any breach of any provision hereunder by either party shall
not be deemed to be a waiver of any preceding or subsequent breach
hereunder.
35. GOVERNING LAW:
This agreement shall be construed in accordance w+~~h the laws of the
State of Florida. Venue shall be in Palm Beach County.
36. SEVERABILITY:
If any paragraph, section, sentence, clause or phrase contained in this
Agreement shall become illegal, null or void or against public policy, for any
reason, or shall be held by any court or administrative body of competent
jurisdiction to be illegal, null or void or against public policy, the remaining
paragraphs, sections, sentences, clauses or phrases contained in this Agreement
shall not be affected thereby.
37 ENTIRE AGREEMENT:
This Agreement constitutes the entire Agreement between the parties
relating to the subject matter hereof, and supersedes any oral or written
representations, assurances, claims or disclaimers made either prior to or
simultaneous with the execution hereof. This Agreement may be amended only
by an instrument in writing signed by both parties.
34
•
IN WITNESS HEREOF, the Village and Contractor have set their hands and seals
on the day and year first above written to this Agreement and three
counterparts, each of which shall constitute an original.
Village OF Tequesta NICHOLS SAfi`11TATION, INC.,
a subsidiary of Waste Management,
Inc.
of Florida
Village Manager President
ATTEST:
By.
Approved as to form
Village Attorney
35
EXHIBIT
MUNICIPAL COLLECTION AND DISPOSAL SERVICE
Municipal Collection Service
The Contractor will provide containers and garbage receptacles to be
serviced by the Contractor in the following Village-owned or controlled areas.
Location/Site Address
SPECIAL EVENTS
A maximum of eight (8) special events annually sponsored by the Village
which require refuse and sanitation services such as:
EXHIBIT II
REFUSE, MULTI-MATERIAL RECYCLING AND
VEGETATIVE WASTE COLLECTION RATES
SECTION l: Residential Solid Waste, Recycling and Vegetative Waste
Collection Service
The monthly residential rate per dwelling unit for collection prescribed in the
attached Agreemenfi, shall be as shown below: -.
Unit Cost
per Month
Hand Serviced Single Family Residences
Solid Waste Curbside -two (2) times per week
Vegetative Curbside -two (2) times per week
Recycling Curbside -one (1) time per week
Hand Serviced Single Family Residential Total Monthly Cost
36
• Hand Serviced Multiple Dwellin Units
Solid Waste Curbside -two (2) times per week
Vegetative Curbside -two (2) time per week
Recycling Curbside -one (1) time per week
Hand Serviced Multi-Family Residential Total Monthly Cost
Hand Serviced Mobile Home Units
Solid Waste Curbside -two (2) times per week
Vegetative Curbside -two (2) time per week
Recycling Curbside -one (1) time per week
Hand Serviced Mobile Home Residential Total Monthly Cost
Multiple Dwelling Units Serviced by Mechanical Containers
Solid Waste Containerized
Recycling Curbside
Recycling Containerized
Solid Waste Back Door Carry-Out Rates
Disability, Certified by Doctor
Unlimited Solid Waste Only
Customers may own or rent Mechanical Containers.
•
per cubic yard
per unit
per unit
N/C
$ month
37
SECTION 2: Commercial Collection Service
Unit Cost per Cubic Yard
Solid Waste & Recycling Collection Services
(includes container rental and ancillary services)
Non-Rolioff Compactor Collection
The above rate is a fixed rate per yard. Actual customer prices for various
container sizes arid frequency of service may be calculated as follows:
Container size X frequency of collection of collection per week X rate per
cubic yard X 4.33
TAXES:
The sums above shall not include Florida sales or gross receipts tax. To the
extent applicable such taxes are to be paid directly by the Village of Tequesta.
The sums shall include all other taxes now in effect which may be applicable.
•
38
~ ._,.;~
ARTICLE V. SOLID WASTE FRANCHISE'S
DIVISION 1. NICHOLS SANITATION, INC.
Subdivision I. 1980 Franchise
GARBAGE, YARD AND OTHER TRASH COLLECTION
FRANCHISE
THIS AGREEMENT AND FRANCHISE, made and entered
into this 29th day of September, A.D., 1980, by and between the
VILLAGE OF TEQUESTA, Palm Beach County, Florida, herein-
after referred to as Village, and NICHOLS SANITATION, INC.,
of Jupiter, Florida, hereinafter referred to as Franchise Holder,
WITNESSETH:
WHEREAS, the Village Council of the Village of Tequesta,
Florida, by virtue of the authority vested in it, has awarded to the
Franchise Holder an exclusive franchise for the performance of
certain work and services within said Village as hereinafter set
forth;
'Cross reference-solid waste and recycling charges, § 18-28.
Supp. No. 26 1376
~i
Art. V, Subd. I APPENDIX C-FRANCHISES Art. V, Subd
NOW THEREFORE, HIVTOW ALL MEN BY THESE PRE-
SENTS, that the Village and Franchise Holder for the consider-
ation hereinafter and herein named, agree as follows:
1. The Village hereby grants, awards and insures unto the
Franchise Holder the exclusive right, privilege and authority to
collect, move and dispose of garbage, yard and other trash within
the limits of said Village, in consideration of which the Franchise
Holder agrees to furnish services and to comply with and abide by
the conditions of this agreement as hereinafter provided.
2. The franchise shall be in effect.for a period of five (5) years
from and after October 1, 1980.
3. The Franchise Holder shall, from October 1, 1980, collect
accumulated garbage, yard and other trash from the residences,
business houses and commercial establishments within said
Village. For the handling and disposal of all garbage, yard and
other trash, the Franchise Holder shall provide modern and
efficient packer trucks. Each truck used by the Franchise Holder
shall have the name of the Franchise Holder painted or in some
other adequate -and legal manner put upon each door . of the
packer trucks in a conspicuous place on the side in letters of
sufficient size to be easily readable.
4. The Franchise Holder shall provide a sufficient number of
vehicles and personnel to maintain an adequate collection system
for garbage, yard and other trash, and trucks-must be constructed
and loaded so that trash will not blow or fall from the trucks while
being driven through and in the Village.
5. All employees of the Franchise Holder who will be working
in the Village of Tequesta will secure a Village of .Tequesta
Identification Card under the terms and conditions of Village of
Tequesta Ordinance No. 72.
6. The Village is not to be paid any compensation by the
Franchise Holder for the granting of this franchise during the
franchise period. However, it is expressly understood by and
between the parties hereto that the Franchise Holder shall
furnish and provide a suitable dump site or disposal area for
deposit of all garbage, yard and other trash collected and removed
by the Franchise Holder as aforesaid, and shall further assume
Supp. No. 26 1377
,+
Art. V, Subd. I TEQUESTA CODE Art. V, Subd. I
the responsibility for the payment of all costs and expenses
connected with or arising out of the operation of said dump site or
disposal area. The Franchise Holder will maintain the dump site
or disposal area in accordance with the laws of Palm Beach
County and the State of Florida.
7. Garbage, yard and other trash accumulated by single family
residences shall be collected two (2) times each week, as sched-
uled by the Franchise Holder. The Franchise Holder shall collect
the garbage, yard and other trash at the street line between the
confines of the side lot lines of single family residences.
8. Garbage accumulated by condominiums and apartments
shall be collected two (2) times each week as scheduled by the
Franchise Holder. The Franchise Holder shall collect the garbage
-from the area where the garbage collection facilities are usually
located in condominiums and apartment complexes. Yard and
other trash accumulated by condominiums and apartments shall
be collected at the same time the Franchise Holder collects the
garbage. The Franchise Holder shall collect the yard and other
trash at the street line between the confines of the side lot lines
of condominium and apartment complexes.
9. The hours for collection will be from 7:00 A.M. to 6:00 P.M.,
Monday through Saturday and no collection on Sundays. Upon
request, and due to unusual or extenuating circumstances, which
could effect [affect] the health, safety and welfare of the Village,
the Village Manager may modify the hours of collection.
10. The Franchise Holder shall not litter premises in the
process of making collections, but he shall not be required to
collect garbage that has not been placed in approved containers or
in an approved manner. Approved containers will be standard
type garbage cans not to exceed thirty (30) gallons in size or fifty
(50) pounds weight, when filled, or approved plastic (tied) bags.
11. The Franchise Holder will be required to establish and
maintain a local office or such other facilities through which he
can be contacted, where service can be applied for, and complaints
can be made. It shall be equipped with sufficient telephones, shall
have at least one (1) responsible person in charge and shall be
open during normal business hours.
Supp. No. 2s 1378
4
Art. V, Subd. I APPENDIX C-FRANCHISES Art. V, Subd. I
12. The Village hereby agrees, at the expense of the Franchise
Holder, to cooperate with the Franchise Holder in enforcing the
privilege and right conferred by this agreement and franchise to
the extent of preventing other parties from collecting garbage,
yard and other trash within the franchise area and agrees that it
will, if necessary, enforce the provisions of the agreement and
franchise and pass any and all ordinances necessary to accom-
plish this end.
13. It is understood and agreed that the Franchise Holder is
an independent contractor and will provide for workmen's com-
pensation and the requirements of the Florida Industrial Com-
mission.
14. The Franchise Holder shall maintain the following mini-
mum public liability,'personal injury and property damage insur-
ance coverage in effect at all times while performing work for the
Village under this agreement and franchise:
A. Comprehensive Liability -Automobile
Bodily Injury
$100,000. each person
$300,000. each accident
Property Damagg
$50,000. each accident
B. Comprehensive Liability
Bodily Injury
$100,000. each person
$300,000. each accident
Property Damage
$50,000. each occurrence with $1,000,000. excess
liability umbrella coverage.
The Village of Tequesta shall be a named insured under the
policies above mentioned and current certificates of insurance
shall be provided to the Village by the Franchise Holder.
15. -The Franchise Holder shall not assign or sublet this
franchise without the consent of the Village.
Supp. No. 26 1379
Art. V, Subd. I TEQUESTA CODE Art. V, Subd. I
16. Franchise Holder shall indemnify and hold the Village
harmless from and against any and all claims, demands, pay-
ments, suits, actions, recoveries and judgments of every nature
and description brought or recovered against it by reason of any
act or omission of the Franchise Holder in execution of the work
to be performed under this agreement.
17. No interruption of service due to strikes, weather or any
other cause beyond the control of the Franchise Holder shall be
considered a breach of its obligations under this franchise.
18. The Franchise Holder shall furnish a performance bond in
an amount of $150,000.00 payable to the Village, conditioned
upon the faithful performance. of this agreement and franchise by
the Franchise Holder.
19. The Franchise Holder hereby agrees to perform and the
Village hereby agrees to pay for such services during the term of
this franchise at the following rates:
(a) The rate per single family residence is based on occupied
units only, and is $6.05 per month. At the date of this
franchise there are 1056 single family residences in the
Village of Tequesta. The Village Clerk will submit a list of
single family residences which will not be occupied for a
period of thirty (30) days or longer to the Franchise
Holder each month and the amount obtained by multi-
plyingthe number of unoccupied residences by the monthly
rate shall be deducted from the Franchise Holder's monthly
billing to the Village of Tequesta.
(b) The rate per apartment buildings and condominiums is
based on 85% occupancy of the total number of units year
round, i.e., at the date of this franchise there ,are 826
units, 85% of which is 702 units at a rate of $6.05.
(c) In the event of hurricanes or other disasters occurring
within the territorial limits of the Village of Tequesta
which would require additional collection and disposal
service for the removal of trash and debris, the Franchise
Holder agrees to provide the necessary extra equipment
and manpower immediately upon the authorization of the
Supp. No. 26 1380
Art. V, Subd. I APPENDIX C-FRANCHISES Art. V, Subd. I
Village and the Village agrees to compensate the Fran-
chise Holder for such services at reasonable rates and
charges.
(d) The fees or compensation payable to the Franchise Holder
for the second and subsequent years of the franchise shall
be adjusted upward or downward to reflect changes in the
cost of doing business as measured by fluctuations in the
Consumer Price Index (CPI) published by the U.S. De-
partment of Labor, Bureau of Labor Statistics, for the
local area. At the start of the second year and every
twelve (12) months thereafter, the fees or compensation
shall be increased or decreased in a percentage amount
equal to the net percentage change in the CPI computed
as follows:
(1) Beginning with the first month of the second year,
the net change shall be the difference between the
CPI for the first month of the franchise and the last
month of the first year.
(2) Beginning the twelfth (12) month of the second year
of the franchise and every twelve (12) months there-
after, the net change in the CPI shall be the change
for the preceding twelve (12) month period.
(e) The Franchise Holder shall submit a requisition for
payment on or before the 10th day of the month following
the service rendered. Said requisition shall include any
new one family dwelling units for which the Franchise
Holder provided service for the prior month. The Village
shall, on or before the 15th day of each month, pay to the
Franchise Holder the amount of the requisition.
(f) -If at any time during the life of this agreement and
franchise, .the corporate limits of the Village shall be
increased or decreased, then, effective as of the date of the
corporate limit change, the amount paid under this agree-
ment and franchise shall be increased or decreased pro-
rata, using the number of one family dwelling units so
increased or decreased by the applicable rate in the old
and new boundaries as the basis for such computation.
20. Included in this agreement and franchise shall be the
exclusive right, privilege and authority to collect, remove and
Supp. No. 26 1381
Art. V, Subd. I TEQUESTA CODE Art. V, Subd. I
dispose of garbage, yard and other trash within the limits of said
Village for all business houses and commercial establishments.
The sum to be charged in connection with collections from
business houses and commercial establishments shall be fixed by
mutual agreement with the Franchise Holder and the respective
owners or operators of the business houses or commercial estab-
lishments involved based upon considerations of the average
amount collected, difficulty of collection and frequency of collec-
tion based upon reasonable and prevailing rates: Garbage collec-
tions with reference to commercial establishments such as hotels,
restaurants and other business houses and institutions shall be
made with such frequency as the collection or accumulation of
such garbage may reasonably warrant. It is understood by the
Franchise Holder that certain business houses or commercial
establishments within the Village may require daily collections
and it hereby agrees to meet such daily collection schedules when
and if it becomes necessary to do so.
21. The Franchise Holder shall file with the Village Manager
a schedule or rates and fees charged for additional service to
customers.
22. Included in this agreement shall be the right, although not
exclusive, to remove objects not falling within this franchise from
residences, condominiums and apartments within the Village
under separate agreement between the Franchise Holder and the
resident at the resident's own expense.
23. The Village Council hereby reserves the right to establish
from time to time by resolution or ordinance reasonable regula-
tions with respect to the collection and disposal of garbage, yard
and other trash under this franchise, except that such resolution
or ordinance shall not be effective to reduce the compensation to
be paid to the Franchise Holder hereunder. The Village of
Tequesta Garbage and Yard Trash Collection Regulations, effec-
tive October 1, 1980 and marked as Exhibit "A" and attached to
this franchise are a part of this franchise as if incorporated into
the body of same.
24. Yard trash as defined in this franchise shall include:
(a) grass clippings, weeds, leaves, etc.
Supp. No. 26 1382
Art. V, Subd. I APPENDIX C-FRANCHISES Art. V, Subd. I
(b) tree and bush branches and trimmings
(c) palm fronds
(d) the maximum length of yard trash shall not exceed four
(4) feet in length or exceed fifty (50) pounds maximum
weight for each branch.
25. In the event that during the term of this agreement and
fragchise future garbage, yard and other trash disposal facilities
are provided for the Northern Palm Beach County area, nearer to
the Village and thus reducing the disposal costs for the Franchise
Holder, the Franchise Holder agrees to negotiate a reduction in
monetary rates.
26. The Franchise Holder is hereby granted the right to
request a rate increase based upon written documentation that
costs of operating the business, such as increased disposal fees,
larger fuel costs or other unusual business expenses have greatly
increased the Franchise Holders costs of operation.
27. This franchise may be cancelled by either party for just
cause, by sixty (60) days written notice of intent to cancel being
given by either party and either party shall have sixty (60) days
after receipt of said notice to correct any complaint.
28. This franchise shall be automatically renewed at the
expiration date unless either party gives written notice of intent
to cancel at least sixty (60) days prior to the termination date of
this agreement.
29. The Village Manager shall be the sole arbiter in the event
there should be any dispute or complaint between Franchise
Holder and residence occupant or Franchise Holder and business
houses and commercial establishments.
30. The Franchise Holder is authorized by this franchise to
enter into agreements with residents of single family residences
to provide for the collection of garbage from the area where the
residents normally keep their garbage containers, at an addi-
tional reasonable cost to the resident, to be fixed by mutual
agreement between the Franchise Holder and the resident.
Supp. No. 26 1383
Art. V, Subd. I TEQUESTA CODE Art. V, Subd. I
IN WITNESS WHEREOF the parties hereto have executed
this agreement and franchise on the day and year first above
written.
VILLAGE OF TEQUESTA
/s/ By: Carlton D. Stoddard
Vice-Mayor
/s/ Attest: Ceyrese Colbert
Village Clerk
EXHIBIT "A"
VILLAGE OF TEQUESTA
GARBAGE AND YARD TRASH COLLECTION REGULATIONS
OCTOBER 1, 1980
1. Garbage, yard and other trash accumulated by single
family residences shall be collected two (2) times each
week, as scheduled by the Franchise Holder. The Fran-
chise Holder shall collect the garbage, yard and other
trash at the street line between the confines of the side lot
lines of single family residences.
2. Garbage accumulated by condominiums and apartments
shall be collected two (2) times each week as scheduled by
the Franchise Holder. The Franchise Holder shall collect
the garbage from the area where the garbage collection
facilities are usually located in condominiums and apart-
ment complexes. Yard and other trash accumulated by
condominiums and apartments shall be collected at the
same time the Franchise Holder collects the garbage. The
Franchise Holder shall collect the yard and other trash at
the street line between the confines of the side lot lines of
condominium and apartment complexes.
3. Garbage containers are to be standard type garbage cans
not to exceed thirty (30) gallons in size or fifty (50) pounds
in weight, when full. Nichols Sanitation; Inc. is not
Supp. No. 26 1384
Art. V, Subd. I APPENDIX C-FRANCHISES Art. V, Subd. I
required to collect garbage that has not been placed in
approved containers. Approved plastic (tied) bags may
also be used.
4. No yard trash is allowed to be placed for collection at the
street line in front of any vacant lot.
5. All garbage and/or trash containers must be removed
from the street line by 8:00 P.M. or sooner on the day the ,
garbage collection is made.
6. Owners and residents who have yard maintenance per-
formed by other than themselves must have their main-
tenance people either place their yard trash in front of
their residence according to these regulations or must
provide for their yard maintenance people to remove the
yard trash from the Village of Tequesta.
7. Definition of "Yard Trash":
Grass clippings, weeds, leaves, etc. Tree and bush trim-
mings and branches are included, provided they do not
exceed four (4) feet in length or exceed fifty (50) pounds
maximum weight for each branch.
8. Grass clippings, weeds, leaves, etc. must be placed in a
disposable container (one that the Franchise Holder will
put onto his truck). Containers must not exceed thirty
(30) gallon maximum size nor fifty (50) pounds maximum
weight for each container, when fu1L
9. Tree and bush trimmings cut to the maximum four (4)
foot length can be placed in a neat pile at the street line.
Tree logs must not exceed fifty (50) pounds maximum
weight each.
J 10. All large trash articles can be removed under a separate
agreement between the Franchise Holder and the resi-
dent at the resident's own expense. Such articles must not
be placed at the street line.
11. The placing of yard trash at any place in the -road
right-of--way other than in front of your residence accord-
ing to these regulations, is a violation of the Village Code.
All Village residents are urged to report as much infor-
mation as they can on anyone they observe putting yard
Supp. No. 26 1385
Art. V, Subd. I TEQUESTA CODE Art. V, Subd. I
or other trash on their neighbor's trash pile or at any
other locations in the Village road rights-of--way where it
is not allowed to be piled.
Questions in regard to garbage or yard trash collection
should be directed to the Franchise Holder:
Nichols Sanitation, Inc.
210 Commerce Way
Jupiter, Florida 33458
Telephone: 746-4481
AMENDMENT TO GARBAGE, YARD AND OTHER TRASH
COLLECTION FRANCHISE
THIS AMENDED AGREEMENT AND FRANCHISE made and
entered into this 2 day of November, A.D., 1983, by and between
the VILLAGE OF TEQUESTA, Palm Beach County, Florida,
hereinafter referred to as Village, and NICHOLS SANITATION,
INC. of Jupiter, hereinafter referred to as Franchise Holder,
WITNESSETH:
WHEREAS, the Village Council of the Village of Tequesta,
Florida, by virtue of the authority vested in it, has awarded to the
Franchise Holder an exclusive franchise for the performance of
certain work and services within said Village pursuant to the
terms of the Garbage, Yard and Other Trash Collection Franchise
and Agreement dated September 29, 1980 and effective October 1,
1980; and
WHEREAS, the Village Council of the Village of Tequesta,
Florida is desirous of continuing the Agreement and Franchise for
a period of Five (5) years commencing October 1, 1985;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRE-
SENTS, that the Village and Franchise Holder agree to the
following amendments to the September 29, 1980 Agreement and
Franchise:
1. The term of the Franchise will be extended for a period of
five (5) years from October 1, 1985.
Supp. No. 26 1386
Art. V, Subd. I APPENDIX C-FRANCHISES Art. V, Subd. I
2. Section 5 of the September 29, 1980 Franchise and Agree-
ment is deleted.
3. Section 18 of the September 29, 1980 Agreement and
Franchise is amended to provide that the Franchise Holder shall
furnish a performance bond in an amount equal to the estimated
annual rate to be paid to the Franchise Holder, rounded to the
nearest $1,000., payable to the Village, conditioned upon the
faithful performance of this Agreement and .Franchise by the
Franchise Holder.
4. Section 19(a) of the September 29, 1980 Agreement and
Franchise is amended to provide that the rate per single family
residence is $8.50 per month effective October 1, 1983.
5. It is agreed by both parties that the Palm Beach County
Solid Waste Authority's garbage disposal rate of $14.00 per ton
effective October 1, 1983 and all other costs of the Franchise
Holder are included in the $8.50 per month rate per single family
residence and no adjustments shall be made in said rate other
than for increases in costs subsequent to the date of this agree-
ment pursuant to the terms hereof.
6. The Village has the option of changing the method of
payment to the Franchise Holder as presently provided for in
Section 19(e) of the September 29, 1980 Agreement and Fran-
chise, to either direct payment by each residential unit, condo-
minium or apartment or any other method mutually agreeable to
both parties.,
7. All other terms and conditions of the September 29, 1980
Agreement and Franchise are to continue in effect. .
IN WITNESS WHEREOF the parties hereto have executed
this amended Agreement and Franchise on the day and year
above written.
VILLAGE OF TEQUESTA
/s/ By: Carlton D. Stoddard
Mayor
/s/ Attest: Ceyrese Colbert
Village Clerk
(CORPORATE SEAL)
Supp. No. 26 1387
Art. V, Subd. II, § 1 TEQUESTA CODE Art. V, Subd. II, § 1
Subdivision II. 1989 Franchise
FRANCHISE FOR RECYCLING COLLECTION SERVICES
WHEREAS, pursuant to Chapter 403.706(9), F.S. of the Florida
Resource Recovery and Management Act, a municipality is re-
quired to negotiate an agreement for a curbside recyclable mate-
rials collection program on a first priority basis, with the fran-
chisee which has the exclusive rights to collect solid waste within
the municipality's service area; and,
WHEREAS, the Village has negotiated for the development and
implementation of the aforesaid program and desires to contract
with Nichols Sanitation to provide recycling collection services as
defined herein; and,
WHEREAS, Nichols Sanitation, Inc. desires to provide Recycling
collection Services as defined herein NOW THEREFORE,
WITNESSETH:
For and in consideration of the mutual covenants, agreements
and considerations contained herein, the Village of Tequesta,
hereinafter referred to as "Village" or "Tequesta", and Nichols
Sanitation, Inc., hereinafter referred to as "Nichols" or "Contrac-
tor", do hereby agree as follows:
In consideration of the Village extending the existing GAR-
BAGE, YARD AND OTHER TRASH COLLECTION FRAN-
CHISE (in parallel with the FRANCHISE FOR RECYCLING
COLLECTION SERVICES) for like term, Nichols Sanitation, Inc.
agrees to perform the specified Recycling Services for a period not
to exceed twelve (12) months, with collection services commenc-
ing October 2nd 1989 and terminating no later than September
31st, 1999, at no additional charge. It is understood that effective
October 1st, 1990 the Village will commence payments for Recy-
cling Services as agreed upon in this document.
Section 1. Definitions. For purposes of this Agreement, the
following terms shall apply:
Processing Center: Location to be maintained by the Palm
Beach County Solid Waste Authority or another entity- for the
purpose of sorting and preparing Recyclable Materials (as defined
herein) for sale.
Supp. No. 26 1388
Art. V, Subd. II, § 1 APPENDIX C-FRANCHISES Art. V, Subd. II, § 1
Recyclable Materials: These are defined according to catego-
ries, as follows:
(a) Paper Products. Paper products shall be limited to news-
print only. Newspapers shall be dry and placed in brown (kraft)
paper bags. Plastic bags may be used if paper bags are not
available. Magazine sections and glossy print pages of paper are
not desired but are acceptable for pickup if included. No maga-
zines, cardboard or other types of paper products are permitted.
(b) Glass. ~.insed tivhole bottles and jars of all colors will be
collected. This does not include glass cooking ware, plate glass,
safety glass, light bulbs, and ceramic materials. Caps, lids and
tops of any and all types must be removed from the bottles and
excluded. The bottles and jars will be empty, rinsed and unbro-
ken.
(c) Cans. Cans made of aluminum, such as beverage cans, and
aluminum containers, some times used in packaging special food
items, such as pet food, tuna, and the like, shall be empty, rinsed
and dry. Tin cans, and steel or tin-coated cans, shall be excluded.
(d) Plastic Products. Plastic beverage containers, such as milk
jug type containers (HDPE), and soft drink bottles (PET) will be
empty, rinsed and dry, with tops, lids or caps removed, and
excluded. No other plastic materials, bottles or containers are
permitted.
(e) Household Batteries. Dry cell batteries only are acceptable
for collection. Wet cell or lead-acid type of batteries, such as
automobile, truck, and boat batteries, shall be excluded.
(fl Additional Categories. Other types and categories of mate-
rial may be included as permissible recyclable items. Such
materials shall be agreed upon in writing by the Village, Nichols
Sanitation, and the Palm Beach County Solid Waste Authority
prior to being included within the curbside pickup program. In
addition, should new markets develop in the future for other
materials, such items may be included for pickup by agreement of
the parties.
(g) Excludable Categories. If changes in the market for the
sale of any particular Recyclable Material makes continued
Supp. No. 26 1389
Art. V, Subd. II, § 1 TEQUESTA CODE Art. V, Subd. II, § 1
pickup of such Recyclable Material economically unfeasible, and
the Processing Center refuses the material, Nichols Sanitation
shall have the right to refuse to pickup the affected Recyclable
Materials, and this agreement shall be modified accordingly.
Recycling Collection Services (Schedule of Performance): Those
services to be performed by Nichols Sanitation as follows:
(a) The collection of Recyclable Materials from locations spe-
cifically designated by the parties; and,
(b) The transportation and unloading of Recyclable Materials
at the Processing Center.
(c) The Parties may expand the scope of recycling services
offered to the Village by amendment to this agreement in the
event economic trends and governmental concerns persist, mak-
ing it desirable to do so. Any change in the scope of services, or
doing business or operational adjustments requested, must be
approved in writing by both Parties, at least thirty (30) days in
advance of the change.
Recycling Containers: A container (or containers) made of rigid
plastic construction as set forth in Exhibit "A".
Resident, Single Family Type. A resident of asingle-family
home, or manager or designated party of a residential complex of
four (4) units or less.
Resident, Multi-Family Type. A manager or designated party of
amulti-family residential complex of more than four (4) units,
which complex is not on the original residential route or Village
billing system. In the event that the manager or designated party
requests participation by the multi-family complex in the recy-
cling program, such service for the complex may be provided if it
is mutually agreed between the Parties to do so; provided,
however, that any such change is subject to thirty (30) days prior
notice to the Contractor before commencement of pickup services.
Nichols Sanitation must be able to service any such new units
with the Contractor's existing collection equipment. Condomin-
iumAssociations and commercial customers requesting container-
Supp. No. 26 1390
Art. V, Subd. II, § 1 APPENDIX C-FRANCHISES Art. V, Subd. II, § 5
ized recycling service for used newsprint only may negotiate with
the contractor for said services, the rates for which are set forth
in Exhibit "B" hereof.
Section 2. Terms of Agreement. The term of this agreement
shall be for a period of five (5) years from and including October
1st, 1989 to and including September 30, 1994. The term of this
Agreement shall be automatically renewed for like terms there-
after unless either party shall give written notice of termination
by Certified Mail to the other at least 180 days prior to the
termination of the initial term or any renewal term.
Section 3. Scope of Services. Nichols Sanitation shall be the
exclusive collector of all Recyclable Materials which are segre-
gated by residents from normal household discards and placed in
or adjacent to recycling containers at the curbside on public
streets or from some other specifically defined location ("Curbside"),
within ten feet of the curb or otherwise as designated by the
parties from all single-family homes and all residential complexes
of 4 units or less (collectively "Units") located in the Village Of
Tequesta. The Recycling- Collection services performed shall au-
tomatically be expanded to include all_ such or like newly con-
structed units as they become inhabited. Compensation for ser-
vice to newly constructed units shall be at the same rate as
provided herein.
Section 4. Vllage's Representative. The Village's representative
for purposes of this Agreement shall be the Village Manager or
the Village Manager's designee.
Section 5. Application to Annexed Areas. Unless otherwise
affected by the application of the provisions contained in Chapter
171.062(4), Florida Statutes (1988), pertaining to the effects of
annexations or contractions on franchises for solid waste collec-
tion services, the scope and application of this agreement shall
also include all additional areas which are hereafter annexed into
the corporate limits of Tequesta. The Recycling Collection Ser-
vices into additional areas (annexed areas), shall be at the same
terms and conditions as provided by this Agreement for the
remaining term thereof.
Supp. No. 26 1391
Art. V, Subd. II, § 6 TEQUESTA CODE Art. V, Subd. II, § 10
Section 6. 2~me of Collection. Nichols Sanitation, Inc. shall
collect the Recyclable Material placed at the curbside for collec-
tion once each week. Hours of collection shall be no earlier than
7:00 A.M. to no later than 7:00 P.M., Monday thru Saturday. To
the extent possible, collection of recyclables will be the same day
of the week as garbage collection service. Collection will not be
made on the following holidays:
New Years Day, Labor Day, Fourth of July, Thanksgiving Day,
and Christmas Day. Collection which would normally occur on
such holidays shall take place on the next scheduled recyclable
materials collection day.
Section 7. Ownership of Containers. The title to the Recycling
Containers shall remain with Nichols Sanitation, who shall have
the responsibility for the original delivery to the participants and
the replacement and retrieval of the Recycling Containers.
Section 8. Replacement of Recycling Containers. Nichols Sani-
tation, Inc. agrees that it will promptly replace the containers, at
the Village's expense, when notified by a Resident of the Village
that a Recycling Container is damaged or missing. In the event
that the Contractor damages a container, it will be replaced
within 48 hours at no cost to the resident or the Village.
Section 9. Ownership and 7~-ansportation of Recyclable Mate-
rials. Nichols Sanitation shall transport the collected Recyclable
Materials to the Processing Center. Nichols Sanitation shall take
title to the Recyclable Materials upon curbside pickup from
Residents and shall be responsible for transporting and' unload-
ing such Recyclable Materials at the Processing- Center. Upon
depositing the collected materials at the Solid Waste Authority
approved site the Village will automatically take title [to] the
materials. Any proceeds derived from the marketing of materials
will be to the benefit of the Village of Tequesta, subject to
negotiation between the Village and the Palm Beach County Solid
Waste Authority.
Section 10. Labor and Cost. Nichols Sanitation, at its sole cost
_, and expense, except as otherwise provided herein, furnish all
labor and equipment required to perform curbside collection of
Recyclable Materials pursuant to this Agreement.
Supp. No. 26 1392
Art. V, Subd. II, § 11 APPENDIX C-FRANCHISES Art. V, Subd. II, § 15
Section ll. Missed Pickup. In case of a missed pickup reported
by the Village or a Resident, Nichols Sanitation shall collect the
Recyclable Materials from such Resident within twenty-four (24)
hours of notification.
Section 12. Refusal to Pickup. Nichols Sanitation shall have
the right to refuse to make pickup. if a resident does not properly
segregate the Recyclable Materials or place same in the contain-
ers provided at curbside. In the event of a refusal to make the
pickup, Nichols Sanitation will issue a notice to the Resident with
a copy to the Village which states the reason and contains
instructions for the proper segregation and placement of Recycla-
ble Materials. If a Resident receives two such notices within a
period of thirty (30) days, Nichols Sanitation may refuse all
further recyclable material pickups from the .resident, with ap-
proval of the Village.
Section 13. Public Awareness Program. Nichols Sanitation and
the Village of Tequesta shall share responsibility for the promo-
tion of the recycling program. The Village and the Contractor will
cooperate in the design of promotional event and educational
programs and the preparation of promotional materials such as
door hangers and/or flyers for public distribution; however any
contribution by the Village shall be subject to budget, review and
approval by the Village. The Contractor will distribute written
information to the residential participants at least on an annual
basis. The Contractor further agrees to conduct presentations for
schools, civic groups, homeowners associations and other appro-
priate citizens groups.
Section 14. Schedule of Performance. Nichols Sanitation shall
perform those services set forth in this Agreement in accord with
the Schedule of Performance incorporated herein. Said Schedule
of Performance may be modified only by mutual written agree-
ment of the Village of Tequesta and Nichols Sanitation, Inc. The
Village Representative is authorized to modify said Schedule of
Performance on behalf of the Village of Tequesta.
Section 15. Compensation for Services -Basic Rate. During the
term of this agreement, the Village agrees to make monthly
payments to Nichols Sanitation, Inc. on the 15th day of each
calendar month, for the services rendered during the preceding
Supp. No. 26 1393
Art. V, Subd. II, § 15 TEQUESTA CODE Art. V, Subd. II, § 17
month, at the rate of $1.85 per dwelling unit served. For the
purposes of establishing the monthly costs for this service, the
Parties agree to commence the billing process based upon an
estimated number of 1275 units served. This estimated number
will be corrected and the accounts between the Parties adjusted to
reflect the actual number of units served as soon as the Parties
are reasonably able to do so.
Section 16. Compensation for Services -Rate Adjustment.
Commencing October 15, 1990, and on each subsequent anniver-
sary date during the term hereof, the Village agrees to adjust the
compensation for services paid Nichols Sanitation according to
changes in the cost of doing business, including but not limited to
revised laws, ordinances, or regulations, changes in location of
processing sites or other charges affecting upward or downward
to reflect the cost of doing business as measured by fluctuations in
the Consumer Price Index (CPI) published by the US Department
of Labor Statistics, for the local area. Prior to the start of the
second year and every twelve (12) months thereafter, the fees or
compensation shall be increased or decreased in a percentage
amount equal to the net percentage change in the said CPI.
Nichols Sanitation, may apply for a change in rates, based upon
changed cost and expenses to Nichols Sanitation, for providing
the Recycling Collection Services. The Village of Tequesta and
Nichols Sanitation, agree to negotiate any application for change
in the schedule of payment.
Section 17. Implementation of Recycling Program. The Parties
agree to coordinate their efforts in the establishment of mutually
acceptable rules and regulations for the curbside recyclable
materials collection program. This shall include a determination
of the obligations and responsibilities of the resident participants
in said program. The Village agrees to enact such ordinances as
maybe required to implement such rules and regulations as may
be necessary to insure the success of the program. The Village
shall also take such steps as may be reasonably necessary to
protect the ownership of all Recyclable Materials placed at the
curbside for collection by Nichols Sanitation, under the terms of
this Agreement including the reasonable enforcement of an
anti-scavenging ordinance.
Supp. No. 26 1394
Art. V, Subd. II, § 18 APPENDIX C-FRANCHISES Art. V, Subd. II, § 22
Section I8. Permits and Licenses. Nichols Sanitation, at its sole
cost and expense, shall maintain throughout the term of this
Agreement all permits, licenses and approvals necessary or
required for Nichols Sanitation to perform the work and services
described herein.
Section 19. Independent Contractor. Nichols Sanitation, Inc.
shall perform all work and services described herein as an
independent contractor and not as an officer, agent, servant or
employee of the Village of Tequesta. Nichols Sanitation shall have
exclusive control of the exclusive right to control the manner and
details of how the services and work shall be performed hereun-
der, and all details pertinent thereof, by the persons performing
same. Nothing herein shall be construed as creating a partner-
ship or joint venture between the Village of Tequesta and Nichols
Sanitation, Inc. No person performing any of the work or services
described hereunder shall be considered an officer, agent, servant
or employee of the Village, and no such person shall be entitled to
any benefits available or granted to employees of the Village of
Tequesta.
Section 20. Non-Assignment. Neither Nichols Sanitation nor
the Village of Tequesta shall assign, transfer, convey, or otherwise
hypothecate this Agreement or its rights, duties or obligations
hereunder or any part thereof without the prior written consent
of the other.
Section 21. Compliance zuith Laws and Regulations. Nichols
Sanitation, Inc. agrees that, in the performance of work and
services under this Agreement, Nichols Sanitation will qualify
-under and comply with any and all federal, state and local laws
and regulations now in effect, or hereafter enacted during the
term of this Agreement, which are applicable to Nichols Sanita-
tion, Inc., its employees, agents or subcontractors, if any, with
respect to the work and services described herein.
Section 22. Workers' Compensation Insurance. The Contractor
shall provide and maintain during the life of the Agreement,
Workers' Compensation Insurance and Employer's Liability In-
surance, in accordance with the Laws of the State of Florida, for
5upp. No. 26 1395
~ 4
Art. V, Subd. II, § 22 TEQUESTA CODE Art. V, Subd. II, § 24
all its employees. A certificate shall be filed with the Village by
the insurance carrier showing such insurance to be in force at all
times.
Section 23. Liability Insurance. The Contractor shall provide
and maintain during the life of the Agreement at Nichols
Sanitation's sole cost and expense, Public Liability and Property
Damage Insurance and Umbrella Coverage in an amount not less
than the insurance coverage as set forth below:
(a) Public Liability - $100,000 per person/$300,000 per acci-
dent
(b) Property Damage - $100,000 per any one claim
(c) Umbrella Liability - $1,000,000 with a $25,000 deductible
and/or base insurance
(d) Auto Liability Coverage in the same minimum amounts
as for public liability and property damage insurance.
to protect itself, its agents, and its employees from claims for
damages for personal injury, including wrongful and accidental
death and property damage which may arise from operations
under the Agreement, whether such operations be performed by
itself or its employees. The policy or policies shall name the
Village as additional insured and shall contain a clause that the
insurer will not cancel or decrease the insurance coverage with-
out first giving the Village thirty (30) day notice in writing.
While no minimum policy period will be required by the
I~illage, it is expected that long-term policies will be utilized in
order to obtain lower premiums. Insurance shall include all
documents issued by all insurance companies licensed to do
business in this State.
Section 24. Indemnity. The Contractor will defend, indemnify,
save harmless, and exempt the Village, its officers, agents,
servants and employees from and against any and all suits,
actions, legal proceedings, claims, demands, damages, costs,
expenses and attorneys` fees resulting from injury to persons or
damage to property arising out of work done in the performance
Supp. No. 26 1396
x
Art. V, Subd. II, § 24 APPENDIX C-FRANCHISES Art. V, Subd. II, § 25
of this Agreement. The Village reserves the right to retain counsel
of its choice at its own expense, or in the alternative, approve
counsel obtained by the Contractor.
Section 25. Termin¢tion.
(a) In the event Nichols Sanitation, Inc. materially defaults
in the performance of any of the material covenants or
agreements to be kept, done or performed by it under the
terms of this Agreement, the Village of Tequesta shall
notify Nichols Sanitation in writing of the nature of such
default. Within fifteen days following such notice:
(1) Nichols Sanitation, Inc. shall correct the default; or
(2) In the event of a default not capable of being
corrected within 30 days, Nichols Sanitation shall
commence correcting the default within fifteen (15)
days of the City's notification thereof, and thereafter
correct the default with due diligence.
(b) If Nichols Sanitation, Inc. fails to correct the default as
provided above, the Village without further notice, shall
have all of the following rights and remedies which the
Village may exercise simply or in combination:
(1) The right to declare that this Agreement together
with all rights granted Nichols Sanitation hereun-
der are terminated, effective upon such date as the
Village shall designate; and -
(2) The right to license others to perform the services
otherwise to be performed by Nichols Sanitation,
'Inc. or to perform the services otherwise to be
performed by Nichols Sanitation, or to perform such
services itself.
(c) In the unlikely event of an Emergency due to the inability
of the Processing Center to accept recyclable materials
because of fire, floods, strikes, or other force majeure
events, the Contractor shall be relieved from its obliga-
tion todeliver recyclables to the Processing Center. Nichols
Sanitation shall either deliver the recyclables to a suit-
able temporary storage area or may dispose of same at an
approved disposal facility. The Contractor shall be reim-
Supp. No. 26 1397
t ~
Art. V, Subd. II, § 25 TEQUESTA CODE Art. V, Subd. II, § 28
bursed by the Village for any additional expense in
handling and delivering materials occasion thereby. Dur-
ing the duration of such an emergency, the operation of
the needs and circumstances of the situation in order to
avoid the unnecessary handling of unwanted materials.
Section 26. Notices. All notices required or contemplated by
this Agreement shall be personally served or mailed, postage
prepaid and return receipt requested, addressed to the parties as
follows: -
TO VILLAGE:
Village of Tequesta
P O Box 3263
Tequesta, Florida 33469
TO NICHOLS SANITATION, INC.:
Nichols Sanitation, Inc.
7700 SE Bridge Rd.
Hobe Sound, Fl. 33455
PO Box 1085, 33475
with a copy to:
Waste Management, Inc. of Florida
Regional General Counsel
500 Cypress Creek Road West
Fort Lauderdale, Florida 33309
Section 27. Wainer. A waiver of any breach of any provision of
this Agreement shall not constitute or operate as a waiver of any
other breach of such provision or of any other provisions, nor shall
any failure to enforce any provision hereof operate as a waiver of
such provision or of any other provision.
Section 28. Law to Govern. This Agreement is entered into and
is to be performed in the State of Florida. The Village of Tequesta
and Nichols Sanitation, agree that the law of the State of Florida
shall govern the rights, obligations, duties and liabilities of the
parties to this Agreement and shall govern the interpretation of
this Agreement.
Supp. No. 26 1398
i `
Art. V, Subd. II, § 29 APPENDIX C-FRANCHISES Art. V, Subd. II, § 34
Section 29. 7ltles of Sections. Section headings inserted herein
are for convenience only, and are not intended to be-used as aids
to interpretation and are not binding on the parties.
Section 30. Amendment. This Agreement may be modified or
amended only by a written agreement duly executed by the
parties hereto or their representatives. .
Section 31. Seuerability. The invalidity of one or more of the
phrases, sentences, clauses of Sections contained in this Agree-
ment shall not affect the validity of the remaining portion of the
Agreement so long as the material purposes of this Agreement
can be determined and effectuated.
Section 32. Successor and Assigns. This Agreement shall be
binding upon the parties hereto, their successors and assigns.
Section 33. Entirety. This Agreement and any Exhibits at-
tached hereto contain the entire Agreement between the Parties
as to the matters contained herein. Any oral representations or
modifications concerning this Agreement shall be of no force and
effect.
Section 34. Recordkeeping. Nichols Sanitation, Inc. will be
responsible for compiling and reporting collection statistics per-
taining to the number of set-outs, material rights, route times
and mileage. All other data required by the State of Florida
Department of Environmental Regulation and/or other local,
state governmental agencies will be generated by the Contractor
to insure that all aspects of the 1988 Solid Waste Management
Act are complied with. Further, Nichols Sanitation agrees to
assist the Village with any special studies that may increase
participation or productivity of collection.
Supp. No. 26 1399
~ L
Art. V, Subd. II, § 34 TEQUESTA CODE Art. V, Subd. II, § 34
IN WITNESS WHEREOF, the Village and Contractor have
executed this Agreement this 25th day of August, 1989.
Village of Tequesta
/s/ BY: Thomas G. Bradford
Village Manager
ATTEST:
/s/ BY: Bill C. Kascavelis'
Village Clerk
(Village SEAL)
Supp. No. 26 1400
~ j Y
Art. V, Subd. II, § 34 APPENDIX C-FRANCHISES
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EXHIBIT B
CONTAINERIZED RATES FOR MULTI-FAMILY AND
COMMERCIAL COLLECTION OF RECYCLABLES
(NEWSPRINT ONLY) OTHER MATERIALS MAY BE
INCLUDED WHEN COLLECTION ROUTES
ARE ESTABLISHED
Hauling Charges 2-Cu. Yd. 4-Cu. Yd. 6-Cu. Yd. 8-Cu Yd.
lx per week SVC $55.00 $95.00 $125.00. $155.00
Rates are stated in terms of monthly service charges and
Nichols Sanitation will invoice the customer for services as well
as provide the Village with a detailed list of commercial recycling
customers and containers. Nichols Sanitation will determine the
appropriate container sizes in cooperation with the owners/
operators of the condominium and apartments. Recycled news-
print will be collected once each week.
AMENDMENT TO FRANCHISE FOR RESIDENTIAL CURBSIDE
RECYCLING COLLECTION SERVICES
This Amendment to the Franchise made and entered into this
21 day of October, 1993, by and between the Village of Tequesta,
Palm' Beach County, Florida, hereinafter referred to as "Village",
and Nichols Sanitation, Inc., hereinafter referred to as "Contrac-
tor".
WITNESSETH:
WHEREAS, on August 24, 1989 the Village Council adopted
Resolution No. 10-88/89 approving a Franchise for Residential
Curbside Recycling Collection Services to be provided by Nichols
Sanitation, Inc.; and -
WHEREAS, the Village Council is desirous of continuing the
Franchise for an additional five (5) years commencing October 1,
1994 and otherwise modifying the terms.
NOW, THEREFORE, know all men by these presents, that the
Village and Contractor agree to the following Amendments to the
Franchise:
Section 2 of the Franchise is hereby modified to extend
the term of the Franchise until September 30, 1999. All
other terms of Section 2 shall remain in full force and
effect.
Supp. No. 26 1402
• , y ~
Art. V, Subd. II, § 34 APPENDIX C-FRANCHISES Art. V, Subd. II, § 34
2. Section 3 of the Franchise is hereby modified to provide
that on March 1, 1994, Contractor shall commence collec-
tion of Additional Plastic Products HDPE and PET 3-7
and magazines. Prior to collection of the additional Recy-
clable Materials, Contractor will distribute an additional
container to each resident and coordinate a public an-
nouncement program with the Village announcing the
change in service. Further, commencing on March 1,
1994, all Residential, Multi-Family Type complexes shall
participate in the Village Recycling Program and receive
service from Contractor. Contractor will distribute con-
tainers to the complexes and coordinate an implementa-
tion program with the Village.
3. Section 8 of the Franchise is hereby modified to provide
that Contractor will replace, at its expense, recycling
containers which are damaged or lost by residents. Con-
tractorwill also distribute to each resident, at its expense,
an additional container prior to the expansion of the
recycling program to include the collection of HDPE and
PET Plastics 3-7 and magazines. Lastly, Contractor will
also distribute, at its expense, the necessary containers to
each multi-family complex in the Village.
4. Section 16 of the•Franchise is hereby modified to provide
that notwithstanding the promises of the Section, no CPI
adjustment will occur until October 1, 1995. Commencing
on October 1, 1995 and each year thereafter, Contractor's
rates will be adjusted based on the change in the CPI for
the preceding twelve (12) month period commencing on
June 1 and ending on May 31 of each year. For purposes
of this Agreement, the CPI shall be the "Consumer Price
Index (1982-84=100) -All Urban Consumers South" pub-
lished by the Bureau of Labor Statistics for the U.S.
Department of Labor.
5. The Franchise is further amended by including an addi-
tional paragraph to provide as follows:
"The Contractor shall pay a Franchise Fee to the Village
annually in an amount equal to six percent (6%) of the
gross revenues realized from residential collections by the
Supp. No. 26 1403
~ ~ ~
Art. V, Subd. II, § 34 TEQUESTA CODE Art. V, Subd. II, § 34
Contractor as a result of this Franchise, three percent
(3%) of same to become effective October 1, 1993, increas-
ing to the full six percent (6%) October 1, 1994, with said
six percent (6%) payable for the remainder of the Fran-
chise term. Payment of the Franchise Fee shall be made
on a monthly basis and shall be collected by the Contrac-
tor. The Franchise Fee shall be charged in addition to the
Contractor`s Compensation described in Section 16 of the
Franchise. Further, any rate adjustment pursuant to
Section 16 should be exclusive of the'Franchise Fee."
6. Except as modified herein, all of the terms and conditions
of the Franchise shall remain in full force and effect.
IN WITNESS WHEREOF the parties hereto have executed
this Amendment on the day and year above written.
VILLAGE OF TEQUESTA
/s/ By: Ron T. Mackail
Mayor
/s/ Attest: Joann Manganiello
Village Clerk
(SEAL)
Supp. No. 2s 1404
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