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HomeMy WebLinkAboutResolution_10-88/89_08/24/1989 f RESOLUTION NO. 10 -88/89 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING A FRANCHISE FOR RESIDENTIAL CURBSIDE RECYCLING AND AMENDING THE FRANCHISE FOR SOLID WASTE COLLECTION SERVICES. WHEREAS, the 1988 Solid Waste Act of the State of Florida encourages municipal recycling programs; and WHEREAS, the Village desires a curbside recycling program in residential neighborhoods; and i WHEREAS, pursuant to Chapter 403.706(9), F.S. of the Florida Resource Recovery and Management Act, a municipality is required to negotiate an agreement for a curbside recyclable materials collection program on a first priority basis, with the franchisee 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; and WHEREAS, the Village can realize certain benefits by i coordinating the operations and franchise agreements for recycling and solid waste collection services. NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Tequesta, Florida: Section 1. The attached Franchise for Residential ! Curbside Recycling Collection Services with Nichols Sanitation, Inc. is hereby approved. Section 2. The attached Franchise for Garbage, Yard, and Other Trash is hereby extended for a period of five (5) years I commencing October 1, 1989 with the Amendment dated November 2, 1983 and all other terms unchanged. THE FOREGOING RESOLUTION was offered by Councilmember Earl L. Collings who moved its adoption. The Resolution was seconded by William E. Burckart and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION Joseph N. Capretta Edward C. Howell Ron T. Mackail Earl L. Collings William E. Burckart The Mayor thereupon declared this 24th day of 1 Au gust A.D., 1989. MAYOR OF TEQUESTA ko ATTEST seph N. Capretta Bill C. Kas velis VillageClerk A Waste Management Company FRANCHISE FOR • RECYCLING COLLECTION SERVIC WHEREAS, pursuant to Chapter 403.706(9), F.S. of the Florida Resource Recovery and Management Act, a municipality is required to negotiate an agreement for a curbside recyclable materials collection program on a first priority basis, with the franchisee 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 "Contractor ", do hereby agree as follows: In consideration of the Village extending the existing GARBAGE, YARD AND OTHER TRASH COLLECTION FRANCHISE (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 A Waste Management Company 2 • services commencing October 2nd 1989 and terminating no later than September 31st, 1990, at no additional charge. It is understood that effective October 1st, 1990 the Village will commence payments for Recycling 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. Recyclable Materials: These are defined according to • categories, as follows: (a) Paper Products. Paper products shall be limited to newsprint 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 magazines, cardboard or other types of paper products are permitted. (b) Glass. Rinsed whole 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 A Waste Management Company 9 P Y 3 • unbroken. (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. (f) Additional Categories. other types and categories of material 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 pickup of such Recyclable Material economically unfeasible, and the • Processing Center refuses the material, Nichols Sanitation shall A Waste Management Company 6 located in the Village of Tequesta. The Recycling Collection Services performed shall automatically be expanded to include all such or like newly constructed units as they become inhabited. Compensation for service to newly constructed units shall be at the same rate as provided herein. Section 4. Village'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 collection 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 Services into additional areas (annexed areas), shall be at the same terms and conditions as provided by this Agreement for the remaining term thereof. Section 6. Time of Collection. Nichols Sanitation, Inc. shall collect the Recyclable Material placed at the curbside for collection 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 A Waste Management Company 9 P Y 4 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 specifically 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, making 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 a single - 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 a multi - family residential complex of more than four (4) units, which complex is not on the original residential route or Village is billing system. In the event that the manager or designated party A Waste Management Company g 5 requests participation by the multi - family complex in the recycling 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. Condominium Associations and commercial customers requesting containerized 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 thereafter 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 segregated 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 ") A Waste Management Company 7 • 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 Sanitation, 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 Transportation of Recyclable Materials. 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 unloading such Recyclable Materials at the Processing Center. Upon depositing the collected materials at the Solid Waste Authority 40 approved site the Village will automatically take title 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. A Waste Management Company Y 8 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. Section 11. 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 a pickup if a resident does not properly segregate the Recyclable Materials or place same in the containers 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 Recyclable 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 approval of the Village. Section 13. Public Awareness Program. Nichols Sanitation and the Village of Tequesta shall share responsibility for the promotion 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 A Waste Management Company • 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 appropriate 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 agreement 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 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 anniversary date during the term hereof, the Village agrees to adjust the A Waste Management Company 9 P Y Nei 10 S 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 may be 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 A Waste Management Company 11 Sanitation, under the terms of this Agreement including the reasonable enforcement of an anti - scavenging ordinance. Section 18. 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 hereunder, and all details pertinent thereof, by the persons performing same. Nothing herein shall be construed as creating a partnership 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 is consent of the other. A Waste Management Company 9 P Y Nei • 12 Section 21. Compliance with 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 Sanitation, 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 Insurance, in accordance with the Laws of the State of Florida, for 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 accident (b) Property Damage - $100,000 per any one claim (c) Umbrella Liability - $1,000,000 with a $25,000 • deductible and /or base insurance A Waste Management Company 9 P Y • 13 (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 without first giving the Village thirty (30) day notice in writing. While no minimum policy period will be required by the Village, 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 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. Termination. • (a) In the event Nichols Sanitation, Inc. materially defaults A Waste Mana emeni Company 9 P Y 14 • 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 hereunder 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 A Waste Management Company 9 P Y • 15 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 obligation to deliver recyclables to the Processing Center. Nichols Sanitation shall either deliver the recyclables to a suitable temporary storage area or may dispose of same at an approved disposal facility. The Contractor shall be reimbursed by the Village for any additional expense in handling and delivering materials occasion thereby. During 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, F1. 33455 PO Box 1085, 33475 • with a copy to: Waste Management, Inc. A Waste Management Company 9 P Y • 16 of Florida N4V Regional General Counsel 500 Cypress Creek Road West Fort Lauderdale, Florida 33309 Section 27. Waiver. 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. Section 29. Titles 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. Severability. The invalidity of one or more of the phrases, sentences, clauses of Sections contained in this Agreement shall not affect the validity of the remaining portion • of the Agreement so long as the material purposes of this Agreement A Waste Management Company 9 P Y . 17 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 attached 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 pertaining 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. • r A Waste Management Company 9 • 18 IN WITNESS WHEREOF, the Village and Contractor have executed this Agreement this ZS day of August, 1989. Village of Tequesta BY: Village Manager ATTEST: BY: Village erk (Village SEAL) NICHOLS SANITATION, INC., AS CO RA TOR i BY: 1 T 1z (Vice President) ATTEST: (CORPORATE SEAL) BY: A d- X- " (Secretary) • A Waste Management Company 9 1 19 • EXHIBIT A CONTAINER SPECIFICATIONS • Ji C D �—�- U) un CD J( l co . y A Waste Management Company 9 P Y 20 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 IX PER WEER 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 newsprint will be collected once each week. GARBAGE, YARD AND OTHER TRASH COLLECTION FRANCHISE THIS AGREEMENT AND FRANCHISE, made and entered into this day of September, A.D., 1980, by and between the VILLAGE OF TEQUESTA, Palm Beach County, Florida, hereinafter 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; NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that the Village and Franchise Holder for the consideration 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. -1- 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 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 scheduled 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. -2- 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 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) allons in size or fifty (50) pounds in weight, when filled, or approved plastic tied) bass. 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. 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 prevent- ing 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 accomplish this end. 13. It is understood and agreed that the Franchise Holder is an independent contractor and will provide for workmen's compensation and the requirements of the Florida Industrial Commission. 14. The Franchise Holder shall maintain the following minimum public liability, personal injury and property damage insurance coverage in effect at all times while performing work for the Village under this agreement and franchise: A. Comprehensive Liability - Automobile Bodil Injur 100,000. each person $300,000. each accident • Property Damage 50,000. each accident -3- B. Comprehensive Liability BodilX Injur 100,000. each person $300,000. each accident Property Damage 0,000. 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. 16. Franchise Holder shall indemnify and hold the Village harmless from and against any and all claims, demands, payments, 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 arel056 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 multiplying the number of unoccupied residences by the monthly rate shall be deducted from the Franchise Holder's monthly billing to the Village of Tequesta. -4- (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 Village and the Village agrees to compensate the Franchise 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. Department 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 compen- sation 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 thereafter, 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. 1 0 -5- (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 agreement 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 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 establishments involved based upon consider- ations of the average amount collected, difficulty of collection and frequency of collection based upon reasonable and prevailing rates. Garbage collections 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 regulations 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. -6- ' r The Village of Tequesta Garbage and Yard Trash Collection Regulations, effective 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. (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 franchise 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 art and either arty shall have sixty (60) days after receipt of said P Y P 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 additional reasonable cost to the resident, to be fixed by mutual agreement between the Franchise Holder and the resident. -7- w IN WITNESS WHEREOF the parties hereto have executed this agreement and franchise on the day and year first above written. VILLAGE OF TEQUESTA Signed, sealed and delivered in the presence of- B �/1lLv7� Y� Vice- ayor Attest: iIIag C er (CORPORATE SEAL) NICHOLS SANITATION, INC. . Signed, sealed and delivered in the presence of: By: esiden Attest: Se retary (CORPORATE SEAL) t -8- 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 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. .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 apartment complexes. Yard and other trash accumulated by condominiums and apartments shall be collected at the same time the Franchise Holder collects the 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 type garbage cans not to exceed thirty (30) gallons in size or fifty (50) pounds -in weight, when full. Nichols Sanitation, Inc. is not 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 performed by other than themselves must have their maintenance 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, wee s, leaves, etc. Tree and bush trimmings and branches are included, provided they do not exceed four (4) feet in length or exceed fifes (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 full. EXHIBIT "A" (OVER) AMENDMENT TO GARBAGE, YARD AND OTHER TRASH COLLECTION FRANCHISE THIS AMENDED AGREEMENT AND FRANCHISE made and entered into this day of /�J c./3c 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; — l-4 a 1;2 NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, 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. 2. Section 5 of the September 29, 1980 Franchise and Agreement 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 agreement 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 Franchise, to either direct payment by each residential unit, condominium 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 Signed, sealed and delivered in the presence of: a Mayor Attest: �4�. Vi11 e Clerk (CORPORATE SEAL) NICHOLS SANITATION, INC. Signed, sealed and delivered in the presence of: B L rwc Presi ent Attest: Secretary (CORPORATE SEAL)