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Item 8C CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM # 8C MARCH 12, 2007 AGENDA ITEM: Approval of New Sanitation Contract with Waste Services of Florida SUBMITTED BY: Rick Carper, P.E., Public Works Director DATE: March 2, 2007 ~. BACKGROUND: At the December 11th meeting, the Commission authorized Staff to negotiate a contract for Sanitation services with Waste Services of Florida, Inc. (WSI). Staff and the City's consultant had recommended WSI after evaluation of submissions received in response to the City's Request for Proposals. After several meetings and a Commission workshop on January, a final draft contract has been reviewed and approved by City Staff and WSI. Significant changes from the current contract include: 1. Changing from twice per week residential garbage collection to once per week; 2. Scheduling residential garbage, yard waste and recycling pickup for the same day; 3. Changing to using wheeled toters provided by WSI to support semi- automated waste collection; 4. Providing a franchise procedure applicable to WSI and to other waste haulers for collection of commercial recycling and construction and demolition debris. Commercial and multi-family residential services using dumpsters will be essentially unchanged under the new contract. ' BUDGET: Garbage, yard waste and recyclable collection is funded from account 420-4201-534-3401 (Pick-up and Haul Contract). First year total revenues are estimated at $1,743,000: RECOMMENDATION: Staff recommends approving the new contract with WSI and „~, authorizing the Mayor to execute the agreement for services beginning June 1gt 2007. ATTACHMENTS: 1. Proposed Contract with Waste Services of Florida, Inc. REVIEWED BY CITY MANAG March 12th, 2007 Regular Meeting CONTRACT AND FRANCHISE AGREEMENT FOR SOLID WASTE, YARD WASTE AND RECYCLING COLLECTION AND DISPOSAL SERVICES RFP #07-01 i AGENDA ITEM # SC MARCH 12, 2007 ~. TABLE OF CONTENTS SECTION 1 - DEFINITIONS SECTION 2 - SCOPE OF WORK A. RESIDENTIAL UNITS B. COMMERCIAL UNITS C. RECYCLING D. PARKS, PICNIC AREAS, PROPERTY OWNED, LEASED, RENTED AND CONTROLLED BY THE CITY OF ATLANTIC BEACH_ (EXHIBIT "B") E. MISCELLANEOUS F. CHANGE IN COST OF DOING BUSINESS G. UNUSUAL CHANGES OR COSTS H. FUEL ADJUSTMENT COMPONENT I. FAVORED NATIONS CLAUSE SECTION 3 - STORAGE AND OFFICE FACILITIES SECTION 4 - SCHEDULES AND ROUTES A. IN GENERAL B. STORM C. FORCE MAJEURE D. EXCLUSIVE RIGHTS E. MISCELLANEOUS F. HOLIDAYS SECTION 5 - DURATION OF CONTRACT - COMMENCEMENT OF WORK SECTION 6 - CONTRACTOR'S RELATION TO THE CITY A. CONTRACTOR AS INDEPENDENT CONTRACTOR B. SUBLETTING CONTRACT C. SUPERVISION OF CONTRACT PERFORMANCE D. PUBLIC WORKS DIRECTOR TO BE REFEREE E. INSPECTION OF WORK F. DISAGREEMENTS - REFUSE TO BE COLLECTED - HOW G. TAXES H. CITY NOT LIABLE FOR DELAYS I. EXTENSION OF CONTRACT J. SCHEDULE OF PAYMENTS K. CANCELLATION OR ANNULMENT OF CONTRACT L. OPERATION DURING DISPUTE SECTION 7 - QUALITY OF SERVICE A. CHARACTER OF WORKMEN AND EQUIPMENT B. COOPERATION OF CONTRACTOR REQUIRED C. HANDLING COMPLAINTS D. CUSTOMER INFORMATION E. GUARANTEES OF PERFORMANCE 2 4 8 _8 12 14 19 19 19 20 20 21 21 22 22 22 23 23 24 24 24 25 25 25 25 26 26 26 27 27 27 27 30 31 31 31 32 32 33 33 •~ SECTION 8 - EQUIPMENT 34 A. TYPE 34 B. AMOUNT 34 C. CONDITION 34 D. OPERATION 35 SECTION 9 - EMPLOYMENT AND WORKING CONDITIONS 36 SECTION 10 - DISPOSAL OF REFUSE 36 SECTION 11 - COMPLIANCE WITH LAWS AND REGULATIONS 36 SECTION 12 - INSURANCE 37 A. COMPENSATION INSURANCE 37 B. PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE 37 C. PROOF OF INSURANCE 38 SECTION 13 - CITY HELD HARMLESS 3g SECTION 14 - LIQUIDATED DAMAGES 40 SECTION 15 - CITY ORDINANCES 44 SECTION 16 - AMENDMENTS 44 SECTION 17 - TOTER OWNERSHIP 45 SECTION 18 - NOTICES 46 SECTION 19 - ASSIGNMENT AND CHANGE OF CONTROL 46 SECTION 20 - SEVARABILITY 47 SECTION 21 - GOVERNING LAW 48 SECTION 22 - ATTORNEY FEES qg EXHIBIT A• qg COMMERCIAL ACCOUNTS EXHIBIT B 57 CITY PROPERTIES EXHIBIT C 59 LIST OF CITY EVENTS Exhibit D 60 Applicable Proposal Pricing Sheet 3 CONTRACT THIS AGREEMENT, made and entered into this day of 2007, by and between the City of Atlantic Beach, Duval County, Florida, hereinafter referred to as "the City" and _Waste Services of Florida, Inc., hereinafter referred to as "the Contractor." NOW THEREFORE, in consideration of the mutual covenants, agreements, and considerations contained herein, the City and the Contractor hereby agree as hereinafter set forth: SECTION 1 - DEFINITIONS For the purpose of this article the following terms, phrases, words and their derivation shall have the meaning given therein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include singular number, and words in the singular number include the plural number. The "shall" is always mandatory and not merely directory. These definitions are supplemental to those listed in Chapter 7 - Garbage and Refuse (see Exhibit A) of the City Code. A. CITY shall mean the City of Atlantic Beach, Florida, a municipal corporation, acting through the City Commission or City Manager, or official designated by the City Manager as the case may be. B. CONTRACTOR shall mean Waste Service of Florida, Inc. C. MULTI-FAMILY DWELLING UNITS shall mean any building containing more than four permanent living units, utilizing mechanically emptied containerized collection. D. PERFORMANCE BOND shall mean the form of security approved by the City and furnished by the Contractor, as a guarantee that the Contractor will execute the work in accordance with the terms of the contract and will pay all lawful claims. E. SURETY shall mean the party who is bound with and for the Contractor to insure the payment of all lawful debts pertaining to and for the acceptable performance of the contract. F. REFUSE shall include and mean all garbage, dead animals, vegetative garden and yard trash, bulky wastes, household 4 ..~ .~ .+~ ~. trash, commercial trash, and construction and demolition debris. G. GARBAGE shall include and mean all accumulations of animal, fruit or vegetable matter that attends the preparation, use, cooking and dealing in, or storage of meats, fish, fowl, fruit, vegetables, and any other matter, of any nature whatsoever which is subject to decay, putrefaction and the generation of noxious and offensive gases or odors, or which, during and after decay, may serve as breeding or feeding material for flies and/or other germ-carrying insects; bottles, cans, or other food containers which, due to their ability to retain water, may serve as a breeding place for mosquitoes or other water-breeding insects, and does not include recyclables. H. TRASH, unless specifically provided to the contrary, the term trash shall include and mean commercial trash, household ~"' trash, and garden and yard trash as defined below. I. VEGETATIVE GARDEN AND YARD TRASH shall mean any and all ,,~„ accumulations of grass, palm fronds, leaves, branches, shrubs, vines, trees, tree stumps, and other similar items generated by the homeowner's maintenance of lawns, shrubs, gardens and trees. J. HOUSEHOLD TRASH shall mean any and all accumulations of waste material from the operation of a home, which is not included within the definition of garbage. Household trash shall """ include all bulky wastes, yard toys, and building material waste from residential type do-it-yourself projects, but does not include vegetative matter. K. COI~RCIAL TRASH shall mean any and all accumulations of paper, rags, excelsior, wooden, paper or cardboard boxes or containers of sweepings, and any other accumulations 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. Commercial trash shall also include all trash placed in public receptacles, on public streets, in parks and playgrounds, and in other public places. ~" L. BULKY WASTE shall mean lar e discarded items g generated from residences and commercial businesses within the City, such as pallets, furniture, refrigerators, stoves and other ~„ household appliances. 5 M. EXCLUDED WASTE shall mean any and all debris and waste products generated by land clearing, building construction or alteration and hauled away by the respective Contractor (except do-it-yourself projects); public works type construction projects whether performed by a governmental unit or by a contractor; waste produced by governmental agencies other than the City of Atlantic Beach; materials deemed by the Public Works Director to be hazardous waste and items not allowed at the County landfill or other approved landfill. Yard waste produced by landscape maintenance contractors which is hauled away by the contractor is also considered excluded waste. N. COMN~RCTAT, TOTER PICK UP shall mean garbage and trash collection service to commercial customers utilizing TOTERS (96 gallons maximum) two (2) times per week. 0. CITY MANAGER shall mean the City Manager or his designee, and PUBLIC WORKS DIRECTOR shall mean Public Works Director or his designee. P. DESIGNATED RECOVERY FACILITY shall mean the recycling/ processing center(s) specifically agreed upon by the Contractor and City for the recovery of recyclable materials. Q. RESIDENTIAL RECYCLING CONTAINERS shall mean the receptacles purchased and distributed by the Contractor on behalf of the City for the intended use as a receptacle of recyclable materials. R. RECYCLABLE MATERIALS shall mean fiber (newspaper, magazines, cardboard, boxboard, brown paper bags, telephone books, catalogues, office paper, etc.), aluminum and metal beverage and food cans, all colors of glass bottles/jars, and plastic bottles coded 1 or 2, at the bottom, which previously held liquid (no automotive, or toxic chemical bottles), and such other materials as mutually agreed upon in writing by the Contractor and the Contract Administrator during the term of this Agreement. S. RECYCLING SERVICE AREA shall mean the entire area within the City limits as may be amended from time to time as a result of annexations into the City. T. RESIDENTIAL CURBSIDE COLLECTION refers to collection, transportation, and recovery of garbage, vegetative garden and yard trash, bulk items and recyclable materials by the 6 .. Contractor from participating residential units in the entire area within the City limits and as amended from time to time. ~""' U. COMMERCIAL RECYCLING COLLECTION refers to collection, transportation, and recovery of recyclable materials by a Contractor from participating commercial units in the recycling service area. This contract does not include commercial rec clin y g, which will be accomplished on an open market basis per existing City, County and State ordinances. V. (a) Residential Unit shall mean one single family dwelling or one living unit or a multi-family dwelling of four (4) units or less and mobile home parks utilizing toter container collection. (b) Multi-family Residential shall mean multiple family dwelling buildings utilizing mechanically emptied containers. W. COMMERCIAL UNIT shall mean all units (including City-owned property and buildings) other than those described in V(a), V (b) . X. CONSTRUCTION AND DEMOLITION DEBRIS means discarded materials generally considered to be not water-soluble and nonhazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, and including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing or land development operations for a construction project, including such debris from construction of structures at a site remote from the construction or demolition project site. Mixing of construction and demolition debris with other types of solid waste will cause it to be classified as other than construction and demolition debris. The term also includes: (a) Clean cardboard, paper, plastic, wood, and metal scraps .from a construction project. (b) Effective January 1, 1997, except as provided in 2s. 403.707(13) (j), unpainted, nontreated wood scraps from facilities manufacturing materials used for construction of structures or their components and unpainted, nontreated wood pallets provided the wood scraps and pallets are separated from other solid waste where generated and the generator of such wood scraps or 7 pallets implements reasonable practices of the generating industry to minimize the commingling of wood scraps or pallets with other solid waste, and (c) De minimis amounts of other nonhazardous wastes that are generated at construction or destruction projects, provided such amounts are consistent with best management practices of the industry. Y. RECOVERED MATERIALS means metal, paper, cardboard, glass, plastic, textile, or rubber materials that have known recycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed from the solid waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but does not include materials destined for any use that constitutes disposal. Recovered materials as described above are not solid waste. Z. SOURCE SEPARATED means the recovered materials are separated from solid waste where the recovered materials and solid waste are generated. The term does not require that various types of recovered materials be separated from each other and recognizes de minimis solid waste, in accordance with industry standards and practices, may be included in the recovered materials. AA. NEIGHBORING COMMUNITY shall mean municipalities within Duval County contiguous to either the City of Atlantic Beach, Intra-coastal waterway or the Atlantic Ocean. AB. CONTAINERS EMPTIED BY MECHANICAL MEANS shall mean front-end load dumpsters, roll-off containers, etc. It shall not include toters emptied using automated or semi-automated truck mounted equipment. SECTION 2 - SCOPE OF WORK It is the intent of this contract to provide for the total collection of all refuse in the City of Atlantic Beach, Florida, with the exception of exclusions, which are specifically listed herein. A. RESIDENTIAL UNITS (Single, Duplex, Multi-Family Dwelling Units of four (4) units or less utilizing toter Container Collection) 8 .. .ee -• ~. 1. GARBAGE ,HOUSEHOLD TRASH and RESIDENTIAL RECYCLING WHEN: The contractor will collect garbage and trash ~ from places of residence once per week, with the City divided into five zones for daily collection purposes. All pickups (household trash, yard waste ~. and recycling) will be made on the same day of the week, using separate vehicles. Bulk items, such as household furniture and white goods (appliances), shall be removed by the Contractor within 48 hours ~'" from being set out, unless the item is set out on Friday, then the response will occur on the following collection day. It shall be the responsibility of the garbage and trash route ~. driver to note bulk items that are set out and immediately radio in the item to be picked up to the Contractor's dispatcher. The pick up shall then be scheduled as stated above. It will be the responsibility of the Contractor to monitor and keep accurate records of all bulk items by quantity, weight and type of appliances (e.g., ~* refrigerators, stoves, etc.) and submit a report monthly to the Public Works Director of quantity and weight for such bulk items collected. Residential collection shall normally occur on '~° Monday through Friday between the hours of 7:00 AM and 7:00 PM, inclusive. For Holidays listed in Section 4.F, pickups on the holiday and subsequent ~s days of that week will slide one day later. If weekend collection is needed following a holiday or other circumstances, collection shall not begin earlier than eight o'clock (8:00) a.m. and shall cease no later than seven o'clock 7:00) p.m. Normal routes are not to be scheduled on Saturday or Sunday. Should the County close the landfill in honor of holidays, the Contractor shall not be required to collect on that day. The Contractor then would ~:ollect on the following day, excluding Sunday. Cuscomers under this contract shall receive reasonable notification, as approved by the Public Works Director, of the schedules provided by the Contractor prior to commencement of service. (b) QUANTITY: The Contractor shall be required to pick up all garbage and household trash placed within or near the collection toters generated by a 9 residential unit. All vegetative garden and yard trash shall be picked up except for units with approved exemptions, per City ordinance. (c) WHERE: Complete garbage and refuse collection service is hereby provided for in this contract. Collections of garbage shall be made from the curbside or within 5 feet of edge of pavement of the residential unit with the exception of handicapped or elderly where special arrangements will be made for backdoor or side yard pickup upon receipt of proper written notice to the service provider or Public Works Director from a medical doctor (on a form provided by the contractor). Household trash and bulk items, such as household furniture and appliances, shall be placed at the curbside. (d) HOW: The Contractor shall make collections with a minimum of noise and disturbance to the residents. Garbage receptacles shall be handled carefully by the Contractor and shall be thoroughly emptied and left in an upright position with the toter lids closed in a location where they are found within 5 feet of the edge of the pavement. Refuse may be transferred from the residents' toters into tubs, cans, hampers, or other containers used by the Contractor in carrying refuse to collection trucks. This work shall be done in a sanitary manner. The Contractor's employees shall pick up all garbage or trash spilled by the collector immediately. Any item not collected by the contractor will require the contractor to place a Contractor provided written notice either on the toter or a door hanger notice as to the reason(s) such items were not collected. The contractor will be required to deliver to the Public Works Director on the same day as given a copy of such notice which will include the address of such location. The Contractor may submit a copy of the notices to the City electronically. (e) CONTAINERS: The Contractor shall provide a single toter (up to 96 gallon) for collection of household garbage. The toters are to be embossed with the City of Atlantic Beach Logo and supplied by the Contractor at his expense. (See Section 17) .~. ,.~ 10 .~ (f) The Contractor shall collect and dispose of automobile tires and automotive batteries from residential customers, at no additional charge, in accordance with state and federal disposal requirements; provided, however, that the Contractor may impose an additional charge, with prior approval of the Public Works Director and prior notice to the customer, if the following annual maximums are exceeded by any residential customer: eight (8) automobile tires two (2) automotive batteries. (g) Monitoring of service will be performed by the Public Works Director. 2. VEGETATIVE GARDEN AND YARD TRASH (a) WHEN: The Contractor shall collect garden and ~* yard trash from places of residence as specified in the routes accepted by the City from the Contractor. "_' (b) QUANTITY: The Contractor shall be required to pick up all vegetative garden and yard trash generated by a residential unit, up to a cumulative amount of five (5) cubic yards weekly. The Contractor shall inform the owners of residential units that items such as tree limbs, tree trunks, palm fronds, etc., shall be cut in lengths of no greater than five (5) feet, if ~s the item's diameter is less than six (6) inches. No single item shall exceed forty (40) pounds. This does not include land clearing operation or ~„ preparation for construction or removal of trees or tree trimming by a landscaping contractor or tree surgeon which shall be properly disposed of by the landscape contractor. For items exceeding 40 pounds or diameters ~*' greater than 6 inches, or amounts exceeding five (5) cubic yards, a special pick up may be required and the Contractor may levy a reasonable service charge, which is to be agreed'to by the customer and Contractor. The '~ Public Works Director shall referee in the event of a dispute regarding the special pick up charge. The Contractor is to provide a schedule of standard charges ~„ to the City for the special pick up service annually. (c) WHERE: Garden and yard trash shall be collected from the front of the premises within five (5) feet * of the curb or roadway (curbside). On streets 11 ~w where no parkways or lawn areas near the street are available for placement of trash, the owner or occupant shall place trash adjacent to the driveway, but not further than five (5) feet from the street, and not in the street. (d) HOW: The Contractor shall make collections with a minimum amount of noise and disturbance to the residents. Reusable containers shall be handled carefully and shall be thoroughly emptied and left in an inverted position where they were found. Boxes and bags of garden and yard trash shall be collected and any spillage picked up immediately by the Contractor. Loose piles of garden and yard trash shall be collected with pitch forks or other tools as needed, except for grass clippings, leaves, pine needles, etc. which must be containerized. It will be a requirement that a "cherry picker" truck will be available to the City at all times, to be in City within four (4) hours of call. MULTI-FAMILY UNITS - CONTAINERS EMPTIED BY MECHANICAL MEANS Multiple family containers shall by mechanical me Units except for which the above B. COMMERCIAL UNITS dwelling units not using toter be required to use containers emptied ans and shall be considered Commercial collection of recyclable materials for would be considered residential. Commercial customers shall be identified as, but not limited to, all office buildings, stores, filling stations, lodges, motels, laundries, hotels, all public buildings, food services, lodging establishments, service establishments, light industry, schools, churches, clubs, hospitals, nursing homes, and apartment buildings using mechanically emptied containerized collection or commerciaa. toter collection. 1. WHEN: Refuse shall be collected not less than twice per week, unless approved in writing for a specific location by the Public Works Director, and at a greater frequency if required to protect the public health. Collection service for customers using containers emptied by mechanical means and commercial toter collection will be available for two days per week, and the frequency of 12 service will be as mutually agreed upon by the customer and the Contractor. The Public Works Director must approve requests for frequency of service less than two times per week. Bulk items such as furniture and appliances shall be removed by the Contractor within 48 hours from being set out unless the item is set out on Friday, then the response will occur on the following "~'" collection day. It shall be the responsibility of the garbage and trash route driver to note bulk items that are set out and immediately radio in the item to be picked up to the Contractor's dispatcher. The pick up shall be scheduled as stated above. Collection shall begin no earlier than seven o'clock (7:00) a.m. weekdays and no earlier than eight o'clock (8:00) a.m. Saturdays ,~ and shall cease no later than seven o'clock (7:00) p.m. weekdays and Saturdays. 2. QUANTITY: All refuse generated at commercial and industrial establishments shall be collected except for excluded wastes and recyclable material collection. Commercial and industrial establishments may contract for recyclable material collection independent of this contract in accordance with State statutes, City of Atlantic Beach Ordinances or the Duval County Commercial Recycling Ordinance, as adopted or as may be amended from time to time. Collection of commercial yard waste is optional as landscape maintenance contractors may transport and dispose of generated commercial yard waste thereby considered excluded waste. 3. WHERE: It is the duty of the owners/operators of such establishments to accumulate refuse in locations mutually agreed upon by the owners/operators and the Contractor, and which are convenient for collection by the Contractor. Where mutual agreement is not reached, the Public Works Director (or his designated agent) shall designate the location consistent with the ordinances and requirements of the City of Atlantic Beach. 4. HOW: The Contractor shall make collections with as little disturbance as possible to business and commercial establishments. This work shall be done in a sanitary manner and the Contractor's employees shall pick up any refuse spilled by the collector immediately. The Contractor shall be responsible for returning the container to the enclosure, closing the container doors and the screened enclosure doors or gates. It will be a requirement of the contractor to properly spray the 13 container each time it is emptied with a sanitizing spray from the collection vehicle (containers emptied by mechanical means only). In the event unsanitary conditions such as continually overflowing containers or otherwise inappropriately placed materials are encountered by the collection vehicle driver, it shall be his responsibility to immediately radio the condition to the Contractor's dispatcher who will in turn immediately notify the Public Works Director. It shall be the responsibility of the collection vehicle driver to immediately radio in any damage caused by his operation to the enclosure or gates thereto to the Contractor's dispatcher who will arrange for repairs at the Contractor's expense and immediately notify the Public Works Director. 5. CONTAINERS: Commercial and industrial establishments may use any of the following containers for accumulation of refuse: (a) Refuse containers (toters) as defined in this contract. (a) Containers emptied by mechanical means. (b) Dumpster containers shall be made available to commercial customers in 96-gallon toters, 2, 4, 6, 8, and 10 cubic yard capacities. Service to commercial customers shall be provided with the same size containers currently in use and with the same frequency of pick up unless otherwise approved by the Public Works Director. If requested by the customer, the Contractor will provide a change of container size one (1) time per year at no charge to the customer. Any additional changes of size of container requested by the customer, the contractor may charge a $50.00 change of service fee. (c) Compacted containers - Roll off containers or VIP Compactor (FEL) containers. „ C. RECYCLING 1. RECYCLABLE MATERIALS COLLECTION AND DISPOSAL: The services to be performed under this Agreement by the Contractor consists of curbside residential and multi- family residential collection of all recyclable materials, and collection of all recyclable materials 14 .~ a ~. from City owned locations in the recycling service area, transportation, and recovery of said recyclable materials to a designated recovery facility, or, if no ' market is available, to the nearest County landfill. The Contractor shall provide, as part of the quarterly Recycling report, weights and types of any recycled ,~„ materials disposed of by landfill. This. report shall include the reason for disposal rather than recycling of these materials. The Contractor shall perform such services as are required to provide a complete ~ recyclable materials program. 2. PROPOSED SCHEDULE OF COLLECTION OF RECYCLABLES AND DESCRIPTION OF THE WORK: The Contractor shall collect "" all recyclable material set out for the purpose of recycling from all residential units. The collection of curbside residential recyclables shall be conducted ~. using two recycling containers, furnished by the Contractor, for a commingled system for single family and 96 gallon toters furnished by the Contractor for multi-family residential using mechanically emptied aw containers. 3. FREQUENCY OF COLLECTION: Recyclable materials will be collected one time per week, separated into two bins (fiber "~ and container) by the household in a commingled state and using a two (2) sort system at the truck. Recycling containers shall be left in the position where they are found, behind the curb or within five (5) feet of the edge of pavement. 4. 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. weekdays. If weekend collection is needed following a holiday or other circumstances, collection shall not begin earlier than eight o'clock (8:00) a.m. and shall cease no later than seven o'clock 7:00) p.m. In the event of an emergency, or unforeseen circumstances, collection may be permitted at a time not allowed by this paragraph following approval by the Public Works Director or designee. 5. POINT OF PICKUP OF RECYCLABLE MATERIALS: Residential ~ collection of residential recyclable materials shall be at curbside. Multi-family recyclable materials shall be picked up at a location adjacent to the regular refuse, or other such locations as will provide ready accessibility to the Contractor's collection crew and 15 ~. vehicle. In the event an appropriate location cannot be agreed upon, the Public Works Director shall designate the location. As with regular residential garbage collection, handicapped residents will be accommodated at no additional fee. 6. RECEPTACLES: The Contractor shall pick up all recyclable materials which have been properly prepared for collection and placed in recycling containers and set at the appropriate location. Each residence within the service area will be provided with two recycling containers embossed with the City Recycling Logo at the Contractor's expense. The Contractor will maintain an adequate supply of residential recycling containers. Multi-family residential complexes utilizing mechanically emptied containers will utilize large toters (up to 96 gallon) for collection of each type of recyclable material. The toters are to be supplied by the Contractor at his expense. 7. METHOD OF COLLECTION OF RECYCLABLE MATERIALS: For residential units, unless otherwise agreed in writing, the Contractor shall separate at the point of pick up, at least the fiber, aluminum cans, plastic and glass (green, amber and clear) into different sections of the collection vehicle. The Contractor shall make collections with a minimum amount of noise and disturbance to the residents and commercial customers. The Contractor shall handle recycling containers with reasonable care and return them to the approximate location from which they were collected. 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. The Contractor and the City shall mutually develop a procedure for handling placement of incorrect material in recycling containers by residents. At a min~.mum, the Contractor shall leave the incorrect materials in the recycling bin along with a Contractor provided notice describing the proper materials and reason(s) items have not been collected. The contractor will be required to place such notice either within the container or place a door hanger notice at the residence. The contractor will be required to deliver to the Public Works Director a copy of the notice including the reason(s) items have 16 not been collected and the address of the residence. This is to be done on the same day the notice is given to the residence. The copy of the notice may be sent electronically to the City. For multi-family residential units, the Contractor shall transport the individual toters from the storage location, empty into the truck by source, and return to their original location. ,~ 8. SCHEDULES AND ROUTES: Recyclable materials collection shall be made to residential units on the same day in which garbage is collected. Therefore, schedules and routes shall match the schedules and routes for solid waste ~. collection, except that the Public Works Director 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. 9. MONITORING RECORDS: The Contractor shall be responsible for maintaining information and records adequate to determine participation rates and weekly set-out rates by percent for each material, 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 the City, County or the State of Florida necessary to meet the requirements of the Solid Waste Management Act. The Contractor shall furnish quarterly reports to the City containing the required information with an annual summary report, which will be due to the City within sixty (60) days after the anniversary date of this contract. Reports shall be on forms and in a format approved by the City. 10. MARK TING OF RECYCLABLE MATERIALS: The Contractor and the City shall cooperate to develop markets for recyclable materials. To the extent possible, based on availability, capacity and market prices, the Contractor may market the recyclable materials through local business operations in Duval County. At a minimum, the Contractor will provide for taking, marketing or storing of recyclables at the nearest County landfill. 11. REVENUES GENERATED FROM RECYCLING: The Contractor shall account for all revenues generated through recycling and report all such revenues to the City on an annual basis. 17 The revenue amounts are to be verified by accompanying accounting from the Contractor of the recyclable materials. The Contractor shall retain all revenues from the sale of recyclable materials. 12. CHARGES FOR DISPOSAL OF RECYCLABLE MATERIAL: In the event that recyclable materials are not saleable and must be disposed of at a disposal facility, the Contractor will not charge the City for the number of tons of material so disposed. 13. PROMOTION-PUBLIC RELATIONS AND EDUCATION: The Contractor will be responsible for the promotion of the recycling programs. The City and the Contractor will cooperate in the design of promotional events, educational programs, and the preparation of promotional materials, such as door hangers and/or flyers for public distribution. The Contractor will distribute written information to the residential participants on a periodic basis with a minimum of two (2) times annually. The Contractor may provide inserts to be included with the mail out of the City Utility Bill for this purpose. The Contractor further agrees to conduct presentations for civic groups, homeowner associations and other appropriate citizens groups as deemed appropriate. 14. COLLECTION VEHICLES: The Contractor shall have on hand at all times and in good working order such equipment as shall permit the Contractor to adequately and efficiently perform the contractual duties. Equipment shall be obtained from nationally known and recognized manufacturers of garbage, yard waste and recycling collection equipment and shall be kept in good repair, appearance, and in sanitary and clean condition at all times. Collection vehicles shall be designed for recyclables 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 radius, ceiling heights, etc. of the likely buyers or processors of the recyclable material's. Replacement and additional vehicles shall be comparable equipment unless otherwise agreed by the City. Such reserve equipment shall correspond in size and capacity to the equipment used by the Contractor to perform the contractual duties. See Section S, Paragraph A, Page 34. 18 15. RECYCLING BINS AND CONTAINERS: Residential recycling containers will be provided by the Contractor. Type and size of multi-family residential recycling containers r shall be approved by the Public Works Director and provided by the Contractor at his expense. D. PARKS, PICNIC AREAS, PROPERTY OWNED, LEASED, RENTED AND '~' CONTROLLED BY THE CITY OF ATLANTIC BEACH - (EXHIBIT "B") The Contractor shall empty all refuse containers used by the general public in any of the areas or places named in the above caption. The schedule may be amended during the term of the contract upon the direction of the Public Works Director. The City shall have the right to use regular commercial type ~„ trash containers, toters or cans, with covers. Servicing of these facilities shall be performed by the contractor and billed to the City at the proposed rates within the pricing submittal by the contractor attached to this contract as Exhibit "B". E. MISCELLANEOUS '~" 1. On days Contractor is scheduled in the City the Contractor shall pick up dead fowl, reptile, animals, fish, etc. from public right-of-way, playgrounds, and „~ all City owned property within two (2) hours after notification by the Public Works Director, his designee, or the Police Department. ~. 2. VACANT LOTS: The Contractor shall collect trash from normal maintenance of vacant lots in the same manner as the collection from residences, except the Contractor will only be responsible for the weekly collection of up ~""" to and including; See SECTION 2 Scope of Work, # 2 Garden and Yard Trash, paragraph (b). 3. The Contractor shall be responsible for the collection and proper disposal of all used tires improperly deposited on City right-of-ways and collected at the Public Works Complex at no expense to the City. F. CHANGE IN COST OF DOING BUSINESS The fees or compensation payable to the Contractor for the second and subsequent years of the term hereof may be adjusted upward or downward on the anniversary of the contract upon written request of the City or the Contractor at least 90 days before the anniversary date. If requested, 19 .. the rate adjustment shall be equal to 1000 of the Consumer Price Index (CPI), United States All Urban Consumers, published by the U.S. Department of Labor, Bureau of Labor Statistics for the preceding twelve (12) month contract period. The CPI adjustment will only be applied to the cost of collection and will not be applied to the disposal costs or the fuel increase portion of the CPI. The fuel adjustment portion of the CPI will be applied as noted in paragraph H below. The Contractor has the right to request a separate rate adjustment due to increases in disposal costs (See Section 10). If a rate adjustment is not requested within the time frame above, the rate adjustment for that particular 12 month period shall be deemed waived and shall not be taken into consideration in the future rate adjustments. .~ G. UNUSUAL CHANGES OR COSTS '~°' The Contractor or the City may petition on the anniversary date of the contract for rate adjustments at reasonable times on the basis of unusual changes in his cost of doing business, such as revised laws, ordinances, or regulations, changes in location of disposal sites or changes in disposal charges. Disposal charges are not apart of this contract (See Section 10). In the event of a major change in method of waste disposal (e.g., construction of a waste transfer station that substantially alters the trip length for collected waste disposal), the City and Contractor will renegotiate both commercial and residential rates, as necessary to reflect changes in the Contractor's cost of doing business. H. FUEL ADJUSTMENT COMPONENT The City shall adjust payments to the contractor on a quarterly basis for either increase or decrease for the fuel cost to the contractor for providing the service to the City as per the contract. The fuel adjustment component (FAC) shall be adjusted on the first quarter after the start date of the contract with the base of fuel pricing being set at ten (10°s) percent above the fuel pricing as per "On Highway Retail Diesel Price" Lower Atlantic Region, U. S. Departme'zt of Energy, Energy Information Administration published on the Internet at: http://www.eia.doe.gov/oil as/petroleum/info lance/petroleum.html at the start date of this contract and every quarter thereafter. This fuel adjustment component will not be considered within the CPI adjustment in paragraph F above. 20 ..~, 0 Example: Fuel cost as per the Internet listing at the start date of the contract: $2.47 per gallon l00 of rate .25 Base Rate $2.72 1St Quarter price $2.78 Rate increase .06 per gallon .06 multiplied by the gallons used by contractor. Each "'~' quarter the Contractor shall calculate the adjusted fuel component price described above and send a letter to the City showing the calculations using the route miles, route hours rte, and gallons of fuel used to provide the services to the City as per the contract. The vendor will break the fuel consumption into components for each service provided, residential garbage, residential yard waste, residential ~. bulk, residential recycling and commercial. The rate paid to the Contractor will be adjusted by residential unit counts for residential and commercial will be adjusted by the collected cubic yard price. If the Contractor fails to notify ~"" the City in writing as per the above-described format within ten (10) days of the end of each quarter the City will not consider the fuel adjustment for that given quarter. I. FAVORED NATIONS CLAUSE. In the event a neighboring municipality negotiates a more favorable rate than the City of Atlantic Beach for the provisions of the same or .,,, substantially the same services provided in this contract with the Contractor of this contract, the Contractor shall be required to, upon execution of the agreement with the neighboring municipality, reduce the rates charged to the City to be equal to or lower than the rates charged the neighboring municipality. Neighboring municipality shall mean all municipalities within Duval County of Florida. See AA in Definitions. SECTION 3 - STORAGE AND OFFICE FACILITIES The Contractor shall establish and maintain an office and maintenance facility within Duval County where such service may be applied for, and complaints can be made within two (2) weeks after ~'" the award of the Proposal. It shall be equipped with sufficient toll free telephones; shall have a responsible person in charge with the ability to communicate with the public and shall be ,~ sufficiently staffed during collection hours and shall be open during the operational hours of this contract, 7:00 AM to 7:00 PM. 21 -.~ SECTION 4 - SCHEDULES AND ROUTES A. IN GENERAL The Contractor shall abide by the routes and schedules provided with the proposal documents. The City reserves the right to deny the Contractor's vehicles access to certain streets, alleys and public ways, inside the City or outside the City in route to the disposal facilities, where it is in the best interest of the general public to do so due to conditions of streets or bridges. The Contractor shall not interrupt the regular schedule and quality of service because of such street closures. The Contractor of the schedules provided with his proposal shall notify customers under this contract. Individual route starting times and succession of pickup shall remain constant so as to promote and achieve regularity of service. The Public Works Director shall approve any and all route and/or schedule changes. The Contractor shall furnish written notices of changes in schedules to the customers, at least ten (10) days prior to the actual change in routes or schedules. The Public Works Director's decision may be appealed to the City Manager. The decision of the City Manager shall be final. NOTE: The Contractor's attention is directed to the fact that at various times during the year, the quantity of refuse to be disposed of is materially increased by fluctuations in the amount of garden and yard trash. This additional work- load will not be considered as adequate justification for failure of the Contractor to maintain the required collection schedules and routes. B. STORM The Contractor shall have a disaster response plan for removal and disposal of excessive amounts of debris or refuse accumulated by reason of a storm of disastrous proportions, natural disaster, severe disturbance, riot or other calamity. Prior to the effective date of this contract, the contractor will provide the City with a detailed plan specifically for the first seventy two (72) hours of an event as described above and is required to update and review the plan, which will include pricing and terms for work to be performed, with the City annually before the start of the hurricane season. The City will agree to pay the FEMA rates stated at the time of the named event for the first seventy-two (72) hours. Any additional collection required after the first seventy-two 22 ~, ..~ (72) hours of the named event the Contractor and the City will revert to the pre-agreed pricing and terms. The Contractor shall have at all times, written agreements with sub-contractor(s) for collection, hauling and disposal relating to the above should the Contractor not have sufficient resources of its own to affect a timely clean up. Such agreement(s) should contain operational details and unit pricing for collection and hauling with actual disposal cost to be an add on. The initial sub-contractor agreements are to be an addendum to this contract with annual renewals to be reviewed and agreed to by the City of Atlantic Beach. The Contractor's emergency response plan should also have operational details and unit pricing. Contractor and Sub-contractor agreements must be reviewed and agreed to by the City prior to June lst each year. Should an event of the above magnitude occur, the Public Works Director and the Contractor will meet as soon as possible to formulate and agree upon a_clean up plan. The City reserves the option to utilize the Contractor ~"" forces, Contractor's sub-contractors, services other than provided by this contract (City's own contractors), City forces, mutual aid agreements or any combination thereof. C. FORCE MAJEURE The performance of any act by the City or Contractor ~• hereunder may be delayed or suspended at any time while, but only so long as, either party is hindered in or prevented from performance by acts of God, the elements, war, rebellion, strikes, lockouts or any other cause beyond the ~" reasonable control of such party, provided, however, the City shall have the right to provide substitute service from third party contractors or City forces and in such event the City shall withhold payment due Contractor for such period of time. If the condition of force majeure exceeds a period of 14 days, the City may, at its option and discretion, cancel or renegotiate this Agreement. D. EXCLUSIVE RIGHTS The Contractor shall have sole and exclusive rights to °"°° collect refuse, as defined in the contract agreement, within the corporate limits of the City of Atlantic Beach with the following exception: Contractors, commercial and residential customers engaged in building or remodeling operations, shall 23 be permitted to remove the waste accumulated as a result of their operations with their own trucks and labor or may contract with any hauler licensed by the City to remove construction and demolition debris. All other waste removal will not be permitted by another solid waste contractor, other than excluded waste, exempted yard waste, commercial recycled materials, hurricane debris collected by the City or another contractor chosen by the City. The City of Atlantic Beach reserves the right to pick up refuse relating to street maintenance and other activities relating to City functions or ordinances. Contractor shall have the exclusive right to collect and haul recyclable and recovered material except source separated recovered material at commercial establishments as terms are defined under state law. E. MISCELLANEOUS The Contractor shall not be responsible for scattered refuse unless his acts or those of any of his employees have caused the same, in which case, the Contractor shall pick up all such scattered refuse immediately. 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, but the Contractor shall immediately notify the customer and Public Works Director, in writing, of such conditions and of his inability to make collection because of such conditions. F. HOLIDAYS When a holiday listed below falls on a regularly scheduled collection day, the Contractor shall collect all solid waste on the following day, excluding Sunday. Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day New Years Day SECTION 5 - DURATION OF CONTRACT - COD~NCEMENT OF WORK A. The term of this agreement shall be for a period of seven (7) years with work commencing June 1, 2007, and terminating on 24 .,~ .~ ~,. May 31, 2014, unless terminated or breached at an earlier date. B. The Contractor must commence work on the date and year entered in Section 5A. Failure to commence work on the specified date will result in forfeiture of the Performance bond. SECTION 6 - CONTRACTOR'S RELATION TO THE CITY A. CONTRACTOR AS INDEPENDENT CONTRACTOR sae It is expressly agreed and understood that the Contractor is, in all respects, an Independent Contractor as to the work notwithstanding in certain respects the Contractor is bound ~"" to follow the direction of designated City officials, and that the Contractor is in no respect an agent, servant, or employee of the City. The contract specifies the work to be done by the Contractor, but the method to be employed to ~" accomplish this work shall be the responsibility of the Contractor, unless otherwise provided in the contract. Subcontractors will be dealt with as workmen and ,~ representatives of the general Contractor, and as such will be subject to the same requirements as to character and competence as are other employees of the Contractor. ~. B. SUPERVISION OF CONTRACT PERFORMANCE The Public Works Director shall supervise the Contractor's performance of this contract or some other official of the ~" City designated by the Public Works Director, and the Contractor shall be so notified in writing by the Public Works Director. If at any time during the life of the contract, performance satisfactory to the Public Works Director shall not have been made, the Contractor, upon notification by the Public Works Director, shall increase the force, tools and equipment as needed to properly perform this ~., contract. The failure of the Public Works Director to give such notification shall not relieve the Contractor of his obligation to perform the work at the time and the manner specified by this contract. 25 C. PUBLIC WORKS DIRECTOR TO BE REFEREE To prevent misunderstanding and any litigation, the Public Works Director or his designated representative, shall decide any and all questions which may arise concerning the quality and acceptability of the work and services performed, the sufficiency of performance, the interpretation of the contract provisions, and the acceptable fulfillment of the contract on the part of the Contractor; and the Public Works Director will determine whether or not the amount, quantity, character and quality of the work performed is satisfactory, which determination shall be final, conclusive and binding upon both the City and the Contractor. The Public Works Director shall make such explanation as may be necessary to complete, explain or make definite the provisions of this contract; and his findings and conclusions shall be final and binding upon both parties. E. INSPECTION OF WORK The Contractor shall furnish the Public Works Director or his authorized representative with every reasonable opportunity for ascertaining whether or not the work as performed, is in accordance with the requirements of the contract. The Contractor shall designate, in writing, the person to serve as agent and liaison between his organization and the City. He may designate himself to so serve. The Public Works Director may appoint qualified persons to inspect the Contractor's operation and equipment at any reasonable time. The Contractor shall admit members of the City Commission and other authorized representatives of the City to make such inspections at any reasonable time and place with proper notice by the City to the contractor, not less than twenty- four (24) hours. F. DISAGREEMENTS - REFUSE TO BE COLLECTED - HOW It is recognized that disagreements may arise between the City and the Contractor with regard to the collection of certain items due to interpretation of the specific language in the contract. In the event a disagreement arises and refuse needs to be collected and disposed of, the Public Works Director or his authorized representative may notify the Contractor of the location of refuse which has not been collected due to disagreement between the City and the Contractor, and it shall be the duty of the Contractor to remove all such refuse 26 +~ within two (2) days of the notice. Should the Contractor fail to remove the refuse, the City will remove the refuse and the City shall deduct costs incurred from the next scheduled payment. G. TAXES The Contractor shall pay all federal, state and local taxes, to include sales tax, social security, workmen's compensation, unemployment insurance, and other required taxes which may be chargeable against labor, material, equipment, real estate and any other items necessary to and in the performance of this contract. =~! H. CITY NOT LIABLE FOR DELAYS It is expressly agreed that in no event shall the City be liable or responsible to the Contractor or to any other person on account of any stoppage or delay in the work provided for herein, by injunction or other legal or equitable proceedings brought against the Contractor, or from ~„ or by or on account of any delay from any cause over which the City has no control. I. EXTENSION OF CONTRACT The initial term of this contact may be extended for additional seven (7) terms, under the existing terms and conditions or as modified through additional negotiations, if ~" either party notifies the other in writing, not less than 180 days prior to the expiration of the initial term or subsequent term, of the party's desire to renew the contract. This contract may be extended by mutual consent of the parties. Any extensions or modification of the initial contract shall be ratified by the Atlantic Beach City Commission. J. SCHEDULE OF PAYMENTS 1. For and in consideration of the services to be performed by the Contractor pursuant to this agreement, the City agrees to make payments to the Contractor as follows (a) Residential: end of the month payments shall be computed by multiplying the initial number of residential units in the service area times $8.10 per household for garbage, $3.05 for recycling, and ,~, $4.10 for yard waste. Updates of residential units 27 will be made annually commencing October 1, 2008. (a) Multi-family residential (curbside, all residential services): end of the month payments shall be computed by multiplying the initial number of residential units in the service area times $8.10 per household for garbage and $4.10 per for yard waste. Units using recycling bins shall also be billed $3.05 per unit for recycling. (b) Multi-family residential recycling using toters: monthly recycling bill shall be computed by multiplying the number of toters times $6.50. Updates for Multi-family residential units will be the same as (a) Residential. -E-~ ( c ) Multi-family (containers emptied by mechanical • - - - Formatted: Bullets and Numbering means): end of the month payments shall be computed by multiplying the total monthly yardage based on ""° container size by the rate of $1.81 per cubic yard. (d) Commercial (curbside, all residential services): end of the month payments shall be computed by multiplying the number of business units in the service area times $8.10 per business for garbage, $4.10 per for yard waste and $3.05 per unit for recycling. This category includes City facilities not using containers emptied by mechanical means listed in RFP Exhibit B. (e) Commercial (curbside, garbage only, twice a week collection): end of the month payments shall be computed by multiplying the number of commercial toters in the service area times $3.45 per collection per toter. (Note: contractor will be responsible for determining type of service (residential or garbage only) commercial units desire). (f) Commercial (containers emptied by mechanical means): end of the month payments shall be computed by multiplying the total monthly commercial yardage collected by the rate of $1.81 per cubic yard for containerized garbage. This category includes City facilities listed in RFP Exhibit B. -(-a~ (q ) Commercial (roll-off containers) : end o f the t - - - Formatted: Bullets and Numbering month payments shall be computed by multiplying the ,,,,~ 28 .. total number of roll off pulls by $275.00 per pull (other than C&D containers), or $275.00 per pull for roll off compactor. (h) VIP Compactors (FEL): end of the month payments shall be computed by multiplying the total monthly commercial yardage collected based on container size by the rate of $5.01 per cubic yard for compacted containerized waste. (i) City Street, Parks, Bus Stops and Beach Access Collection: end of the month payments shall be computed by multiplying the total monthly City gallons collected, based on container size per RFP Exhibit C, by the rate of $7.90 per 96 gallons. (j) City Facilities: end of the month payments shall be computed by multiplying the number of business units in the service area times $8.10 per business for garbage and $3.05 per unit for recycling. This category includes Cit}° facilities not using containers emptied by mechanical means listed in RFP Exhibit B. {~} Special Pickups including Extra Service and Commercial Bulk Pickups: Special pickups shall be billed at the rate listed in the approved schedule of standard charges. Schedule of standard charges shall be provided to the City not less than sixty (60) days before effective date of contract and must be approved by the City Manager. Contractor shall submit written documentation of customer's agreement for special pickup with the invoice. 2. The Contractor is to ensure monthly invoice follows categories listed above. 3. Collection of Construction and Demolition Debris: (a) The Contractor is granted non-exclusive authorization to provide roll-off containers for private contractors / builders / homeowners within the City for the purpose of removing construction and demolition debris. The rental and use of these containers will be a separate contract between the Contractor and the user. The Contractor will bill the user directly for delivery, rental and disposal. The rates for this service shall be $205 29 per pull, delivery included, and $24 per ton for disposal. The Contractor will pay a -~20o Franchise Fee to the City and will submit the Fee with the monthly invoice for services. Contractor shall provide the City records identifying the address, volume of collection, and such other information as requested by the City on the first (lst) of each month. K. CANCELLATION OR ANNULMENT OF CONTRACT The Contractor and the City recognize that it is of paramount importance that the contract be performed and the individual customers receive service. If the Contractor fails to begin work at the time specified, or fails to perform the work with sufficient number of workmen and sufficient and adequate equipment to insure the proper and substantial performance of said refuse collection work, or performs the work unsuitably, or discontinues the prosecution of the work or any portion thereof, or for any other cause whatsoever, excepting only acts of God, does not carry on the work as aforesaid, or if the Contractor becomes insolvent or declares bankruptcy or commits any act of bankruptcy or insolvency, or allows any final judgment for the payment of money to stand against him unsatisfied, and if the City, through its Public Works Director, gives notice of such default, and the Contractor or his surety fails to cure such default within seven (7) days after giving of such notice by the City, then the City may thereupon, by action of the City Commission, declare the contract cancelled. Upon declaration of cancellation, the City may, at no cost to the City or compensation to the Contractor, take over the work and take possession, without further notice to the Contractor and without judicial proceedings, of any and all equipment of the Contractor and operate the same in performance of the work and services described in this contract for the unexpired term of the contract, or for a period of three (3) months, whichever the City elects, or the City may enter into agreements with others for their performance of the work and services herein contracted for. Such cancellation of the contract shall not relieve the Contractor or the surety of liability for failure to faithfully perform this contract, and in case the expense incurred by the City in performing or causing to be performed the work and services provided for in this contract shall exceed the proposal price of the Contractor, as provided in this contract, then the Contractor (and the surety to the extent of its obligation) shall be liable to the City for said amount. Contractor's surety or security will not be 30 released until such time as the term of this contract would otherwise have expired. L. OPERATION DURING DISPUTE In the event the City has not cancelled the contract in accordance with the terms provided above, and there remains a dispute between the Contractor and the City, the Contractor agrees to continue to operate and perform under the terms of this contract while said dispute is pending, and agrees that in the event a suit is filed for injunction or other relief to continue to operate the system until the final adjudication of the court. SECTION 7 - QUALITY OF SERVICE +~ A. CHARACTER OF WORKMEN AND EQUIPMENT The direction and supervision of refuse collection and disposal and salvage operations, shall be by competent, ~'"' qualified and sober personnel, and the Contractor shall devote sufficient personnel, time and attention to the direction of the operation to assure performance satisfactory to the City. All subcontractors, superintendents, foremen and workmen employed by the Contractor shall be careful and competent. It is mandatory that the Contractor shall also provide uniforms with either a reflective safety vest or reflective safety shirt, and I.D. badge; said badge shall be destroyed upon termination of the employee. All employees used by the Contractor during the terms of this agreement shall be of a standing or affiliation that will '!^' permit the Contractor's performance herein to be carried on harmoniously and without delay, and in no case, or in any circumstances, will such employees cause any disturbance, interference or delay to any work or service rendered to the '~ City or by the City and in no case or in any circumstances will the employees conduct themselves negligently, disorderly or dishonestly in the due and proper performance of the ~, employee's duties. The Contractor shall see to it that his employees serve the public in a courteous, helpful and impartial manner. He shall furnish the City with a current roster of employees and equipment (by make model and number) daily for each day the contractor is providing service to the City. Contractor's employees collecting garbage will be .required to follow the regular walk for pedestrians while on private property. No employee shall meddle with property that ~"' does not concern him. Care shall be taken to prevent damage 31 to property, including shrubs, flowers and other plants. After emptying containers, employees shall return them to the same location from which they were taken, in an upright position. B. COOPERATION OF CONTRACTOR REQUIRED The Contractor shall cooperate with authorized representatives of the City in every reasonable way in order to facilitate the progress of the work contemplated under this contract. The Contractor shall have at all times a Supervisor in the City during the days the contract work is being performed. This person shall be competent and able to communicate with the public. The Contractor will supply the Supervisor with mobile communication with a published phone number for direct contract with the Public Works Director as well as Residential and Commercial accounts for any situation that may arise. C. HANDLING COMPLAINTS The Contractor shall perform a service of high quality and keep the number of legitimate complaints to a minimum. The Contractor shall maintain a telephone listing in the name in which he is doing business as a Contractor and provide answering service for those customers needing to contact him during collection hours Monday through Saturday. In order that the City may be informed of the quality of service, the Contractor agrees to maintain an on line web site for and with the City to record all complaints and resolution of said complaints or inquiries of service for inspection by the City. The Contractor also agrees to provide a single point of contact in order for the City or more specifically the Public Works Director or his designee to have immediate access to Contractor's personnel to deal with various situations which may arise from time to time. The Contractor agrees to furnish a monthly report of all complaints, listing the name and address of the person complaining, the nature of the complaint, and disposition of such complaint. All complaints whether received in person, by mail or telephone, shall be recorded in triplicate, one (1) copy to go to the City and two (2) copies to be retained by the Contractor. Complaints received shall be serviced the same day. For each month in which the number of unserviced legitimate complaints reaches twenty (20) or more, whether for garbage or trash, or any other cause, the City shall be 32 .~ •~ ~. entitled to claim liquidated damages of one hundred ($100) dollars per complaint including the first twenty. Each ~ complaint shall be considered legitimate unless satisfactory disposition of the claim is furnished. The decision of the Public Works Director shall be final. ~ D. CUSTOMER INFORMATION The Contractor shall provide each residential customer with a condensed version, approved by the City, of rules and ~"" regulations for refuse collection. Said condensed version shall outline obligations of the customer and Contractor, according to terms of this agreement. E. GUARANTEES OF PERFORMANCE SURETY BOND: The Contractor hereby deposits with the City a performance bond in the amount of fifty percent (500) of the first year total annual contract price for the first year as a guarantee to the City as faithful performance under the terms of this contract. In the second and subsequent years of the contract, the performance bond may be reduced to twenty five percent (250) of the total annual revenue as faithful performance under the terms of this contract if the Contractor has complied with the contract and the Public Works Director has approved it. In no event shall the bond be less than $250,000. This performance bond shall be written by a company with a Class 9, A or higher financial rating as shown in Best's Key Rating Guide. Atlantic Beach will accept an annual performance bond; however, neither non-renewal by the Surety, nor failure or inability of the Principal to file a replacement bond or other security in the event the Surety exercises its right to not renew this bond, shall itself constitute a loss to Atlantic Beach recoverable under this bond or any extension thereof. If any conflict or inconsistency exists between the Surety's obligations or undertakings as described in the bond and as described in this contract, then the terms of the bond shall prevail. The Surety and the contractor are responsible to notify the City within 30 days prior to the annual expiration date of the security bond of it's intent to either renew or cancel renewal of the existing bond held by the City. It shall be the responsibility of the contractor to insure this notification process is carefully followed. If in case the surety notifies the contractor or the City of its intent to not renew the security bond, then the contractor must replace the security to the City with equal to [with the same bond 33 rating or higher or cash/ cashier check] or other approved security with the City within ten (10) calendar days prior to the expiration of said bond. SECTION 8 -EQUIPMENT A. TYPE The Contractor agrees at the start date of this contract that all primary equipment used to provide the services as per the contract within the City will be new. Back up equipment is not required to be new. The contractor shall during the term of this contract, use vehicles, one (1) per route, with an age during the first year of the contract to be model 2006 or newer, during the second year of the contract all primary equipment used to provide the contract services shall not be more than one year old; in the third year of the contract the primary equipment will not be more than two years old. The age of the primary equipment used in providing the contract services shall be determined further each year of the contract on a descending basis for years 4 and 5. All equipment must be maintained and freshly painted, with bodies which are water tight to a depth not less than eighteen (18) inches, with solid sides, using pneumatic tires. All vehicles shall be equipped with operational radio transceiver capable of communicating with the Contractor's dispatcher from anywhere within the City of Atlantic Beach. Failure to comply with these standards shall result in Liquidated Damages of $1,000.00 per week. B. AMOUNT The Contractor shall provide sufficient equipment, in proper operating condition; so regular schedules and routes of collection can be maintained. This will include a vehicle for the supervisor overseeing the City operations and a "rat pack" or other small vehicle with a lift assembly to service areas inaccessible to the larger equipment. C. CONDITION Equipment is to be maintained in a reasonable, safe, working condition, to be painted uniformly, the company name, telephone number, and the number of the vehicle printed in letters not less than three (3) inches high, front, rear and on each side of the vehicle, and vehicles shall be numbered 34 .. and a record kept of the vehicle to which each number is assigned. No advertising other than Contractor's standard company logo shall be permitted on vehicles, dumpsters, or roll off containers servicing Atlantic Beach. A sign saying "Serving the City of Atlantic Beach" and the type of service being rendered by each collection vehicle shall be displayed on all collection trucks while operating in the City of ~"" Atlantic Beach. The Contractor is required to keep collection vehicles and commercial containers emptied by mechanical means, cleaned and painted to present a pleasing appearance. The Contractor shall submit, as part of the proposal, a schedule showing the frequency of the cleaning and painting of the vehicles. The Contractor shall at the beginning of the seventh month of the contract, January 2008, begin a program aw which will provide for each customer to receive a reconditioned or new container during the succeeding twelve month period and each twelve month period thereafter. It is the intent of this subsection to provide each customer who ~" uses a container emptied by mechanical means, a new or renovated container on a regular schedule. This will include permanent roll off open top containers. The Contractor will submit to the City representative for the City's approval, a schedule showing how the change-out of containers is to be accomplished during the contract term. ~w D. OPERATION Each non-packer trash vehicle shall be equipped with a cover ~ which may be net with mesh not greater than one and one-half inches, or tarpaulin, or fully enclosed metal top. Such cover shall be kept in good order and used to cover the load going to and from the disposal facility during loading operations '""' or when parked, if the contents are likely to be scattered if not covered. Vehicles shall not be overloaded so as to scatter refuse; however, if refuse is scattered from the Contractor's vehicle for any reason, it shall be picked up immediately. Each vehicle shall be equipped with a spill kit, pitchfork, rake, shovel and broom for this purpose. Safety equipment is also required, such as a fire extinguisher and anw reflectors. The Public Works Director or his designee will have the authority to spot inspect the equipment during route operations for compliance. The Contractor's vehicles are not to interfere unduly with vehicular or pedestrian traffic and ~"' vehicles are not to be left standing on streets unattended except as made necessary by loading operations, and shall move with the traffic flow. 35 SECTION 9 - EMPLOYMENT AND WORKING CONDITIONS The Contractor shall comply with all applicable state and federal laws relating to wages and hours, and all other applicable laws relating to the employment or the protection of employees now or hereafter in affect. The Contractor is required and hereby agrees by accepting this 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 Standards Act as amended, and changed from time to time. Contractor also agrees that upon written request, the Contractor will provide the City all information and policies, whether written or oral, relating to the wages or terms and conditions of employment for employees in the service of the Contractor under this agreement. SECTION 10 - DISPOSAL OF REFUSE Refuse collected by the Contractor is suggested to be hauled to the disposal facility owned and operated by Duval County. The City will not be responsible for disposal fees charged by the County or other disposal operators for the Contractor to use any facility. The Contractor shall seek the highest market price for all recyclable materials. If Duval County imposes a tipping fee for disposing of waste the Contractor may at that time apply to the City for a rate adjustment to cover those disposal fees only. This rate shall be adjusted up or down accordingly, with the disposal facility utilized by the contractor. The disposal facility shall be specified and mutually agreed upon by the City and the Contractor. SECTION 11 - COMPLIANCE WITS LAWS AND REGULATIONS The Contractor hereby agrees to abide by all applicable federal, state, county and city laws and regulations. The Contractor and his surety indemnify and save harmless the City, all its officers, representatives, agents and employees against any claim or liability arising from or based on the violation of any such laws, ordinances, regulations, order or other decree, whether by himself, his employees or his subcontractor. This clause shall 36 ..~ ~. apply not only during the term of this agreement, but also as to any claim, liability, or damages which are based on the Contractor's conduct during the term of this agreement and in the ~* event the City is charged with the responsibility, jointly or severally, for the aforementioned conduct as a successor to the Contractor. SECTION 12 - INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance required under this contract and the Public Works Director of the City of Atlantic Beach has approved such insurance coverage, nor shall the Contractor allow any subcontractor to commence work on subcontracts until similar '" insurance of the subcontractor has been obtained and approved. A. WORKER'S COMPENSATION INSURANCE The Contractor shall provide and maintain during the life of this contract, Worker's Compensation Insurance for all of his employees, who are employed in connection with the work, and in case the work is sublet, the Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance for all the latter's employees, unless such employees are covered by the protection afforded by the Contractor. In case any class of employees engaged in hazardous work under this contract are not protected under the Worker's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide adequate insurance coverage for the unemployment compensation protection of his employees not under or otherwise protected. B. PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE The Contractor shall provide and maintain during the life of this contract, at his own expense, such public liability and +• property damage insurance, with the City of Atlantic Beach also being named as insured, as shall protect him and any subcontractor performing work covered by this contract, from claims for property damage, which may arise from operations under this contract, whether such operations be by himself or by a subcontractor, or anyone directly employed by the Contractor or subcontractor, and the amount of such insurance shall be as follows: 1. COMPREHENSIVE GENERAL LIABILITY INSURANCE ~• The Contractor shall provide and maintain during the 37 ~. n -~ life of the contract, at his own expense, Comprehensive General Liability Insurance. Coverage must afford 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 $1,000,000 per occurrence combined single limit for bodily injury liability and property damage liability. Premises and/or operations. Independent contractors. Products and/or completed operations. The contractual coverage must specify that it covers the Hold Harmless Agreement which is part of this contract. 2. 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. 3. UMBRELLA LIABILITY In addition to the above limits, the Contractor shall provide at least a $5,000,000 umbrella or excess liability insurance policy. C. PROOF OF INSURANCE The Contractor shall furnish the Public Works Director, prior 38 .. ~w to the start of any operations under this contract, satisfactory proof of carriage of the insurance required with an insurance company satisfactory and acceptable with the City. No policy is acceptable to the City which can be canceled by the insurer in less than ten (10) days after the insured has received written notice of such cancellation provision of the policy. To be acceptable to the City, each insurance certificate shall contain a clause substantially as follows: "The policies referred to herein provide that they cannot be canceled by the insurer in less than thirty (30) days after the insured has received written notice of such cancellation, and equal notification to the eo~r City. All insurance policies shall name the City of Atlantic Beach as additional insured on the policies. Should the Contractor fail to provide such insurance, the City may secure the same, the cost of which shall be +~ reimbursed to the City by the Contractor or monies will be withheld from the monthly invoice to be paid to the Contractor. SECTION 13 - CITY HELD HARMLESS FROM INJURIES, DAMAGES AND CERTAIN OTHER ACTS OF THE CONTRACTOR The Contractor and his surety hereby expressly bind themselves to indemnify and save the City harmless from all suits or actions of every name and description brought against said City for or on account of any injuries or damages received or sustained by any party or parties from the acts, omissions or negligence of, said Contractor, or his servants or agents, including subcontractors engaged in doing the work herein contracted for, or by, or in consequence of any negligence in guarding against same, or in any `~' improper materials or equipment used in its performance, or by or on account of any act or omission of the said Contractor, or on account of any claims or amounts recovered for infringement of patent, trademark, or copyright, or from any claims or amounts arising or recovered under the Worker's Compensation Laws. In case there is any money due to the Contractor, so much of the money due the said Contractor as the Public Works Director shall deem ~„ necessary to protect the City, may be retained by the City until 39 such suit, or suits, action or actions, claim or claims, injuries, damages as aforesaid, shall have been settled and suitable evidence to that effect has been furnished the Public Works Director. SECTION 14 - LIQUIDATED DAMP,GES 1. Should the Contractor fail to perform in accordance with the provisions of this contract and/or refuse to pay liquidated damages upon receipt of invoice from the City, the City shall, in addition to the amounts provided in other provisions of this contract, be entitled to claim against the performance bond of the Contractor as provided in Section 7-E, or deduct from the next regularly scheduled payment to Contractor, the following amounts, not as a penalty, but as liquidated damages for such breach of contract: (a) Failure to collect missed customers by 7:00 P.M. the same day when given notice before noon, or by 12:00 noon the following day when given notice between 12:00 noon and 5:00 P.M. $100 per incident, a maximum of $300 Per truck per day (b) Legitimate complaints over twenty (20) in a single month. $100 per incident including the first twenty (20) (c) Collection of commercial, residential solid waste and/or recyclables before 7:00 A.M. or after 7:00 P.M. Exceptions stated in Section 2, "C. Recycling #4", page 18. $100 per incident (d) Failure to clean spillage caused from residential or commercial route vehicles leaking from collected garbage. See Section 8, EQUIPMENT, D. Operation, page 35. $150 per incident (e) Failure to replace damaged container within five (5) days; twenty-four hours for residential. $100 per incident 40 ••. .~ (f) Failure to handle waste receptacles carefully, thoroughly empty and return containers or garbage receptacles to original location as per agreement. $250. per incident (g) Failure to repair damage to customer's property within seven ~ (7) days. $200 per incident ~,,, (h) Failure to provide clean, safe and sanitary equipment at beginning of each work schedule. $500 per incident (i) Failure to maintain office hours as required. $200 per incident (j) Equipmen t operator not properly licensed. s $500 per incident (k) Failure to provide documents and reports in a timely and accurate man ner as per agreement. $100 per incident ,N (1) Failure to cover materials, if appropriate, on all collection vehicles. $100 per incident +~ (m) Name and phone number not displayed on all equipment and containers. $100 per incident ~" (n) Failure to comply with employee roster, proper uniforms and employee ide ntification and safety equipment as per agreement. ~„ $150 per incident (o) Not prov iding current schedule and route maps annually. ~'"' $200 per incident 41 (p) Using improper equipment to service commercial or residential customers. $50 per incident (q) Failure to submit an audited financial statement by the prescribed date. $100 per incident (r) Failure to respond to complaints and customer calls in a timely and appropriate manner as per the "customer service policy" provided to the City from the Contractor. $200 per incident (s) Failure to complete a route on the regular pick-up day. $250 per day for each route not completed (t) Failure to provide proper notification prior to residential route changes. $250 for route day not completed (u) Causing skid marks, spillage marks on roadways, private driveways or any thoroughfare within the service area. $150 per incident (v) Failure to follow established reporting operation or administrative procedures. $150 per incident (w) Failure to provide promotional and educational material and activities, advertisements and civic awareness programs as per the agreement. $1,000 per year (x) Failure to maintain signs stating "Serving the City of Atlantic Beach" on all collection and work vehicles while servicing the City. $250 per incident (y) Failure to comply with the current schedules and routing maps. $250 per incident 42 .. .,~ (z) Failure to provide monthly tonnage and recycling data reports. $250 per incident (aa) Failure to close gates on dumpster enclosures as well as container lids and locking all locks on commercial customer locations. ~. $250 per incident (bb) Causing hydraulic spills or leaks as well as any other fluids having potential to damage or stain asphalt, concrete or other roadway surfaces. $500 per incident ~'" (cc) Contractor's failure to provide the quantity of approved roster equipment within the City during the required collection days. ~ $500 per incident (dd) Failure to report accidents, damage, spillage to the City immediately and provide a copy of a written report in the same day ~, to the City. $250 per incident (ee) Loaded vehicles left standing on street unnecessarily. $150 per incident (ff) Failure to drive in proper direction (includes driving on wrong side of two-way street). $100 per incident (gg) Failure to deliver Class III materials to an authorized Class III landfill. $250 per incident {~}-(hh) Co-mingling solid waste with vegetative waste, recyclablet--- Formatted: Bullets and Numbering ,~, materials, C & D materials or other waste material. $250 per incident 43 (ii) Failure to report recycling activity quarterly in the format determined by the Contractor, for the purpose of tracking and verifying City wide recycling activity. $100 per incident (jj) Failure to maintain equipment in accordance with standards of Section 8. $1,000.00 per week 2. Each complaint shall be considered legitimate, unless satisfactory evidence to the contrary is furnished to the Director by the Contractor. The decision of the Director shall be final. 3. This provision shall not limit other claims of the City arising against the Contractor under the terms of this Agreement. 44 .~, SECTION 15 - CITY ORDINANCES Nothing contained in any ordinance of the City now in effect, hereafter adopted, pertaining to the collection of garbage and trash shall in any way be construed to affect, change or modify or otherwise alter the duties, responsibilities and operation of the Contractor in the performance of the terms of this contract. It is the intention hereof that the Contractor be required to perform ~„ strictly the terms of this contract, regardless of the effect or interpretation of any municipal ordinances which in any way relate to garbage and trash. SECTION 16 - AMENDMENTS The City shall have the right to amend this contract from time to time as necessary to comply with federal, state and local laws and regulations, as amended from time to time. Such amendments shall take effect within thirty (30) days of the Contractor's receipt of the written amendment. Amendments that are consistent with the purposes of this contract may be made with the mutual consent, in writing, of the parties and approved by the Atlantic Beach City Commission in accordance with the City Charter and other applicable laws and ordinances. 45 SECTION 17 - TOTER OWNERSHIP ~" 1. TOTER CONTAINER SERVICE: The Contractor agrees to furnish and deliver to each single or multiple dwelling and commercial unit served, one toter ready for use, excluding those using mechanical containers approved by the Public Works Director or his designee. Each toter shall display the City Logo. The Contractor shall maintain the toters in good working condition and the Contractor shall be the sole owner of the toters. It is the Contractor's responsibility to replace or repair damaged or otherwise unserviceable toters at his expense, regardless of the cause of damage or loss. The Contractor shall not remove a toter for repair unless one is left in its place. 2. ADDITIONAL TOTER CONTAINERS: Additional toters, in excess of one per commercial customer, may be rented to the user and billed to the City by the Contractor, upon City approval, at a charge not to exceed $11.90 per month. 3. CODED TOTER CONTAINERS: The Contractor shall provide a serial number, permanently marked on each toter, and furnish a list to the City of toter numbers by address, updated at least monthly. All containers shall be coded by the manufacturer along with serial number to reflect the quarter and year in which the toter was delivered. Example-- 1-07, 2-07, or 1-08, 2-08. No Contractor's corporate logo will be permitted to be displayed on toters provided under this contract. 4. USE OF TOTER CONTAINERS: The City agrees to require the toters to be used for garbage and recyclables, where appropriate, by all residences and by all businesses not using mechanical or commercial containers, except where approved in writing by the Public Works Director or his designee. 5. PURCHASE OF TOTER CONTAINERS: At the termination of this contract, the Contractor agrees to sell to the City all original toters that are in good working condition and appearance used for the performance of this contract for One Dollar ($1.00) each, except as amplified below. All new toters, placed in service by the Contractor after the effective date of this agreement, which are in good working condition and appearance and actually in use, will be sold for 46 Ninety Dollars ($90.00) each, less Three Dollars and Twenty One Cents ($3.21) per each quarter the toter has been in service. "~ The Contractor shall provide to the City invoices for all toters purchased during the term of this contract indicating the amount and date purchased. The Contractor shall also supply a report of ~,,, the amount of toters removed from service in the City in a form acceptable to the Public Works Director or his designee. SECTION 18 - NOTICES ~' Notices for purposes of the Contractor as called for under this agreement should be forwarded to District Manager, Waste Services of Florida, Inc., 7580 Phillips Highway, Jacksonville, FL. 32256. Notices to the City should be forwarded to: Public Works Director City of Atlantic Beach ~, 1200 Sandpiper Lane Atlantic Beach, Florida 32233 47 SECTION 19 ASSIGNMENT AND CHANGE OF CONTROL A. Assignment, Changes in Ownership and Subletting of Contract (1) Neither this Contract, nor any portion thereof, shall be assigned except with the prior written consent of the City Commission, which may be withheld for any reason. No such consent will be construed as making the City a party of or to such transfer or assignment, or subjecting the City to liability of any kind to any subcontractor. Assignment, changes of ownership or subletting of contract shall be a direct or indirect, by gift, assignment, voluntary sale, merger, consolidation or otherwise, of twenty five percent (25~) or more at one time of the ownership or controlling interest of Contractor, or fifty percent (500) cumulatively over the term of the Agreement of such interest to a corporation, partnership, trust, or association, or person or group of persons acting in concert or a change in control. Transfer shall include any transfer or assignment to a person controlling, controlled by, or under the same common control as the Contractor at the effective date of this agreement. Moreover, transfer shall not mean a public offering issuance which either changes the Contractor status from a privately held corporation to that of a publicly held corporation or which is intended to provide additional capitalization for the Contractor, provided the public offering does not result in a change in Contractor's management personnel. Within the term of this contract and any subsequent renewals if an assignment or transfer of this contract is granted by the City, the Contractor will pay the City an assignment/transfer fee for the first assignment/ transfer in the amount of twenty five thousand dollars ($25,000.00) for a second and all subsequent assignment/ transfers the Contractor will pay the City fifty thousand dollars ($50,000.00) upon such consent for said assignment or transfer. (2) The foregoing notwithstanding, in the event of any strike, lockout, labor trouble or dispute involving the Contractor under this Contract shall continue, the City agrees to fully cooperate with the Contractor in any temporary assignment or subcontract as may be necessary to continue to provide the services required by this Contract. Under this provision there will be no transfer fee as stated in sub-paragraph (1) above, but in no event will the transfer under this provision exceed ninety (90) days. 48 .~ ~; .. .~ .,F ~w ,~„ (3) Any transfer of more than twenty-five percent 25% of the ownership of the Contractor shall be deemed to be a transfer of this Contract. (4) No assignment or subcontract shall, under any circumstances, relieve the Contractor of the liabilities and obligations under this Contract, and despite any such assignment, the City shall deal through the Contractor. ~a. Subcontractors shall be dealt with as employees and representatives of the Contractor and, as such will be subject to the same requirements as to character and ~w competence as are other employees of the Contractor. SECTION 20 - SEVARABILITY If any article or section of this agreement, or any supplements or riders thereto, should be held invalid by operation of law or by ~. any tribunal of competent jurisdiction, or if compliance with or enforcement of any article or section should be restrained by such tribunal pending a final determination as to its validity, the remainder of this agreement and of any supplements or riders ~'"" thereto or the application of such article or section to persons or circumstances other than those to which it has been held invalid or as to which compliance with or enforcement of has been restrained, shall not be affected thereby. SECTION 21 - GOVERNING LAW The laws of the State of Florida shall govern this contract and the venue for any litigation arising out of the contract shall be in the appropriate state court in Duval County, Florida. SECTION 22 - ATTORNEY FEES In the event of any dispute arising out of or interpreting the terms and conditions of this contract, the prevailing party shall be entitled to recover reasonable attorney's fees and costs, including appellate attorney's fees and costs, and regardless of whether or not litigation is filed. IN WITNESS WHEREOF, the City of Atlantic Beach and Waste Services of Florida, Inc. have caused this contract to be executed the day and year hereinafter. 49 ,., THE CITY OF ATLANTIC BEACH CONTRACTOR .. By: Mayor .. Title: City Manager Date: Date: 50 ~. ~. EXHIBIT A Commercial Accounts Commercial Front End Containers Name Address Quantity Cont Frequency Service Size Days AB Diner 501 Atlantic Blvd. 1 4 4 M-Th-F-S ABC Liquors 295 Royal Palm Dr. 1 4 2 M-Th Akra Investments 1229 Mayport Rd. 1 6 3 M-Th-S Al's Pizza 303 Atlantic Blvd. 1 8 3 M-Th-S American Irrigation 49 Ardella Rd 1 9 2 M-Th American Legion 1127 Atlantic Blvd. 1 8 2 M-Th American Storage 1770 May ort Rd 1 4 2 M-Th Ashland Mini Storage 1089 Atlantic Blvd. 2 8 5 M-T-W-Th-F Atlantic Mini Storage 1073 Atlantic Blvd. 1 4 3 M-Th-S Atlantic Arms Apt. 1080 Cornell Lane 2 4 3 M-Th-S Atlantic Arms Apt. 1080 Cornell Lane 1 4 3 M-Th-S Atlantic Arms Apt. 1080 Cornell Lane 1 6 3 M-Th-S Atlantic Palms Plaza 509-531 Atlantic Blvd. 1 4 2 M-Th Atlantic Star Seafood 800 Mayport Road 1 8 2 M-Th Atlantic Village 800 Atlantic Village Ctr. 5 2 3 M-Th-S Atlantic Village 800 Atlantic Village Ctr. 1 4 2 M-Th Atlantic Village 800 Atlantic Village Ctr. 1 8 3 M-Th-S Auto Clinic 1138 Mayport Rd. 1 4 2 M-Th B& K Properties 20 Donner Road 1 8 2 M-Th B 6 K Properties 1479-95 Mayport Road 2 8 2 M-Th Beaches Bedding 1175 Atlantic Blvd. 1 2 2 M-Th Beaches Memorial Garden 1500 Main St. 1 2 2 M-Th Beaches Mini Storage 310 Ma ort Rd. 1 4 2 M-Th Beaches Recycling Ctr 56 6`" St W 1 2 2 M-Th Beaches Wood Crafters 14 Dutton Island Rd. 1 4 3 M-Th-S Best Western 2369 Ma port Rd 1 6 2 M-Th Breezes Carwash 835 Atlantic Blvd. 1 2 2 M-Th C& C Fisheries 32 W. 6th St. 1 8 6 M-Th-S Carlson 6 Co. 1880 Mealy St. 1 6 3 M-Th-S Chois Chinese Food 499 Mayport Rd. 1 4 2 M-Th 51 Name Address Quantity Cont Frequency Service •Size Days Cloister Condos 10 10th St. 1 8 3 M-Th-S Coalition Partnership 725 Atlantic Blvd 2 8 3 M-Th Comfort Inn 2401 Mayport Rd. 1 6 3 M-Th-S Creative Glassworks 1875 Mealy St 1 2 2 M-Th D Sea International 52,54&56 W 3rd St. 1 2 2 M-Th Davis Interiors LTD 1840 Mealy St. 1 2 2 M-Th Dawson Land 310 Mealy St. 1 4 2 M-Th Delphinus Eng 2057 Mayport Road 1 6 3 M-Th-S Discount Auto Parts 1051 Atlantic Blvd. 1 2 3 M-Th-S Dollar Tree 989-B Atlantic Blvd. 1 2 5 M-T-W-Th-F Donald Da ley 600 Tuli St. 1 2 2 M-Th Driftwood A ts. 91 W. 11th St. 1 6 2 M-Th Driftwood Apts. 91 W. 11th St. 1 8 2 M-Th Dukes, Mike Dr 100 Ro al Palms Dr 1 2 2 M-Th Eastern Maint & Services 1890 Mealy St S 1 8 3 M-Th-S Edgar St. Com lex 205 Ed ar St. 1 4 2 M-Th Exxon Station 1480 IKayport Rd. 1 2 3 M-Th-S Fleet Landing 1 Fleet Landing Blvd. 1 8 3 M-Th-S Fleet Reserve 300 Ma port Rd. 1 2 3 M-Th-S Fly's Tie 177 Sailfish 1 2 2 M-Th Genuine Parts Co. 800 May ort Rd. 1 2 2 M-Th Halleak, Assad 1 Atlantic Ct 1 4 2 M TH Harbour Place 1079 Atlantic Blvd 1 4 2 M-T Harbour Tavern 160 Mayport Rd. 1 4 2 M-Th Hardee's 1500 Mayport Rd. 1 6 3 M-Th-S Helping Hands Ministry 31 Lewis St 1 4 2 M-Th Jiff Food # 31 773 Atlantic Blvd. 1 6 2 M-Th JoAnnes Fabric 977 Atlantic Blvd. 1 6 2 M-Th Kinder Care 1061 Atlantic Blvd. 1 9 2 M-Th Kwik Tri 715 Atlantic Blvd 1 8 2 M-Th Laura Plaza 469 Atlantic Blvd. 1 8 3 M-Th-S L'Chateau 701 Beach Ave. 1 2 3 M-Th-S Lil Cham 501 Mayport Rd. 1 2 2 M-Th Lil Cham 2425 Mayport Rd 1 6 2 M-Th Mayport Auto Body 44 Dutton Island Rd. 1 4 2 M-Th McDonalds 435 Atlantic Blvd. 1 6 2 M-Th O.U.R. Properties 751 Atlantic Blvd 1 8 2 M-Th Oceanwaves 76 Lev Road 1 4 2 M-Th Ocean Woodwork 1701 Mayport Rd 1 6 2 M-Th Palms Motel 28 Sherry Dr. 1 2 2 M-Th Pier 1 Im orts 1071 Atlantic Blvd. 1 8 3 M-Th-S 52 w Name Address Quantity Cont Frequency Service Size Days Pizza Hut 815 Atlantic Blvd. 1 4 3 M-Th-S Q E D Systems, Inc 1885 Mealy St Rd 1 6 2 M-Th Quik-Trip Mayport 1600 Mayport Road 1 8 2 M-Th Radio Shack 403 Atlantic Blvd 1 4 2 M-Th Ragtime (VIP Compactor) 207 Atlantic Beach 1 6 3 M-Th-S Ragtime (VIP Compactor) 207 Atlantic Beach 1 6 3 M-Th-S River City Custom Cabinetry 1863 Mayport Rd 1 6 2 M-Th River City Custom Cabinetry 1863 Mayport Rd 1 8 1 TH Romeos Market 1211 Mayport Road 1 2 2 M-Th Sailfish Apts. 275 Sailfish Dr. 2 2 3 M-Th-S Salt Air Motel 400 Atlantic Blvd. 1 4 2 M-Th Sandar Industries 1545 Main St 1 10 2 M-W-F-S Sandar Industries 1545 Main St 1 9 2 M-Th Sea Gardens Seminole Rd. 1 6 2 M-Th Sea Oats Apts. 900 Plaza 1 6 3 M-Th-S Sea Oats Apts. 900 Plaza 2 6 3 M-Th-S Sea Place Condos 901 Plaza 1 8 4 M-Th-F-S Seafood Kitchen 31 Royal Palms Dr. 1 8 3 M-Th-S Seafood Kitchen 31 Royal Palms Dr. 1 6 3 M-Th-S Self Service Car Wash 1110 Mayport Rd. 1 4 2 M-Th Selva Marina C/C Selva Marina Dr. 1 8 3 M-Th-S Sergio Fine Foods 1017-21 Atlantic Blvd. 1 2 2 M-Th Sevilla Condos 1600 Selva Marina Dr 4 2 2 M-Th Shoppes of Northshore (VIP Compactor) 363 Atlantic BLVD 1 6 6 ALL Shorecrest 193 Beach Ave 1 2 2 M-Th Singleton's Trailer Park 120 Mayport Rd. 2 6 3 M-Th-S South Lube 1067 Atlantic Blvd. 1 2 2 M-Th Southtrust Bank 1031 Atlantic Blvd 1 2 2 M-Th Specialty Marine 1420 Mayport Rd. 1 4 2 M-Th Stor Park Systems 97 Levy Road 1 6 3 M-Th-S Strip Center E-Metro 1079 Atlantic Blvd. 1 4 2 M-Th Sun Coast Family 645 Mayport Rd. 1 2 3 M-Th-S Surface Tech 95-1 Lev Rd 1 8 2 M-Th Takacs, Zsolt B 91 Stanley Road 1 2 2 M-T Tax Collector 31 Sailfish 1 2 2 M-Th Tecnico 490 Lev Road 1 8 2 M-Th-S Times Square Printing (NEW) 296 Royal Palms Dr 1 2 2 M-Th 53 Name Address Quantity Cont Frequency Service Size Days Tower Condos 2361 Seminole Rd. 1 2 2 M-Th U Haul Storage 1650 Mayport Rd. 1 8 2 M-Th US Navy 1575 Main St. 1 2 2 M-Th US Post Office 1001 Mayport Rd. 1 8 2 M-Th Value Pawn 1099 Atlantic Blvd. 1 2 2 M-Th Waffle House 2395 Mayport Rd. 1 4 3 M-Th-S Walshaw, Larry 589 Levy Rd 1 4 2 M-Th Watchcare Adult Da care 100 West 1st St. 1 2 2 M-Th Welcome Food Store #5 31 Seminole Rd. 1 4 2 M-Th West Plaza Park 1198/01-11 Mayport Rd 1 4 2 M-Th The Source 41 6th St West 1 2 2 M-Th Safara Food Store 1193 Mayport Road 1 2 2 M-Th Zion 800 Mayport 1 2 2 M-Th .~ Commercial/Multi-Family (4 units & up) Hand Pick Up NAt4N LOCATION UNIT3 309,313,317,321,325 200 Block Ahern 5 1,2,3,4 729 East Coast 4 101-105 2025 Seminole Rd. 5 lthru 10 1160 Beach Ave 10 1 thru 10 193 Beach Ave 10 115-125 100 Block Poinsettia 6 1 thru 4 329 Ahern 4 1501-1512 1500 Block Jordan 11 1 thru 6 2133 Seminole Rd. 6 1851-1857 1800 Block Beach Blvd. 4 259-265 200 Block Ahern 4 283-289 200 Block Ahern 9 333-339 200 Block Ahern 4 340-396 340 Dudle 4 341-347 200 Block Ahern 4 349-355 200 Block Ahern 4 357-363 200 Block Ahern 4 365-371 200 Block Ahern 4 373-379 200 Block Ahern 4 54 .,~ 67 NAME LOCATION UNITS 391-399 200 Block Ahern 5 5 thru 95 100 Block 10th St. 10 59-65 100 Block Coral St. 4 62-80 Ocean Blvd 6 702-716 700 Block Cavalla 8 718-732 700 Block Cavalla 6 734-748 700 Block Cavalla 8 750-769 700 Block Cavalla 8 766-780 700 Block Cavalla 6 800-819 700 Block Cavalla 8 816-830 700 Block Cavalla 8 832-846 700 Block Cavalla 8 861-871 800 Ocean St. 6 A B C D E 66 Coral St. 5 A/A Funeral 58 9th St. 1 ABC Cutting 1500 Main St. 1 All Pro Automotive 20 Levy kd. 1 Aquatic Gardens 500,600,700 Block Aquatic Cr. 130 Atlantic Beach Assembly of God 7th and Mayport Rd. 1 Atlantic Beach Pentecostal 600 Levy Rd. 1 Atlantic East 447 Atlantic Blvd. 5 Auto Store Towing 153 Levy Rd. 1 B E& G Service 52 W 9th St. 1 Beach Neon Sign 42 W. 8th St. 1 Bill Thompson Elect 99 W. 7th St. 1 Brook & Limbaugh Electric 41 W 2nd St. 1 Bud's Auto Mayport & 10th St. 1 Church 390 Dutton Island Road 1 Community Presb. 150 Sherry Drive 1 Complex 1642 Main St. 6 D & S International 33 W 3rd St. 1 DeJavo 39 Robert 1 Dougs 29 Towing W 3rd St. 1 East Coast Greenery 1589 Main St. 1 Envision 1601 Main St. 1 First Baptist Church Mayport & 10th St. 1 Fleet Ordinance 157 Levy Rd. 1 Foundation Systems 205 Edgar St. 1 Fruit & Nut 1814 Mealy St. 1 55 NAME LOCATION UNITS George Kaser 1850 Mealy St. 1 Idea 382 Ahern St. 1 Imported Unlimited 161 Levy Rd. 1 Jack Elmore Karate 92 8th St. 1 Jensco 248 Levy Rd. 1 JJ Auto W. 7th St. 1 Larry Upholstery W. 9th St. 1 Lloyds Marine 37 W. 8th St. 1 Lopanik Custom Cabinets 40 Robert St. 1 Matson Repair 151 Levy Rd. 1 Mitco 300 Mealy St. 1 Murr Auto Body 61 W 2nd St. 1 Neptune Auto Sales 880 Mayport Rd. 1 Ocean Side Church of Christ 1025 Orchid 1 Ocean Villa a 2233 Seminole Rd. 93 Oceanside Christian Church W 1st ST. 1 Pelican Dunes 2279 Seminole Rd. 11 Pen Com Enter rise 45 W. 8th St. 1 San Pablo Motors Ma ort & 13th St. 1 Seminole Dunes 2000 Block Seminole Rd. 5 Stanley Road Complex Stanle Rd. 1 Terry's Brothers Auto 55 W. 8th St. 1 The Bluff Seminole Landing 6 The Bluff Seminole Road 8 Tom West 300 Ahern St. 1 T son Auto Sales Mayport Rd. 1 Whaler 376 Ahern St. 1 Gatewa Vision Atlantic Blvd. 1 460 Roll Off Compactors Name Address Size Publix #254 985 Atlantic Blvd 30 Sea Turtle Inn 1 Ocean Blvd 30 56 .s C .~ Commercial Recycling Mechanical Containers NAME ADDRESS QUANTITY CONTAINER FREQUENCY SERVICE SIZE DAYS Pier One 1071 Atlantic Blvd. 1 8 1 W Waffle House #621 2395 Mayport Rd. 1 8 1 W ABC Liquors 295 Royal Palm Dr. 1 8 2 W-F Pizza Hut 815 Atlantic Blvd 1 8 1 W McDOnalds 435 Atlantic Blvd. 1 8 2 W-F Genuine Auto Parts 600 Mayport Rd. 1 8 1 W Sea Place Condos 901 Ocean Blvd. 6 Roll Out 1 M Joanns Fabric 877 Atlantic Blvd. 1 8 2 W-F Dollar Tree 989-B Atlantic Blvd. 3 8 5 M-T-W-Th-F Coalition Partnership 725 Atlantic Blvd. 1 8 3 M-W-F Jiffy Food # 31 773 Atlantic Blvd. 1 8 1 M Commercial Recycling Hand Pick Up NAME LOCATION UNITS Little Radio 19041 Atlantic Station Blvd. 1 599 Atlantic "~ Shopping Center Blvd. 7 The Auto Store 660 Mayport Rd. 1 1177 Atlantic Massey Builders Blvd. 1 rw ES Products 146 Levy Rd 1 11 57 Commercial / Multi-Family Recycling White Goods Commercial/Multi-Family Recycling White Goods NAME LOCATION Sea Gardens Condo 2272 Seminole Rd L'Chateau 701 Beach Blvd. Sevilla Condo's 1800 Sevilla Rd, Cloister Condo's 10 10th St. Units 16 12 94 61 183 58 EXHIBIT B City Properties City Property Front End Containers and Can Service Pickups ,~ Dumpsters aw Name Address Size (CY) Pickups Public Safety Buildings 850 Seminole Rd 2 2 Public Works Building 1200 Sandpiper Lane 2 2 Jordan Park-bathrooms 1701 Francis Ave 6 3 Water Plant #1 469 11th St 2 2 Water Plant #2 2301 Mayport Rd 2 3 "" Water Plant #3 902 Assisi Ln 2 3 Water Plant #4 2848 Mayport Rd 2 2 AB WWTP #1 1100 Sandpiper Ln 2 (Grit)* 3 ~„ AB WWTP #1 1100 Sandpiper Ln 2 2 WWTP #2 739 Renault Dr 2(Grit)* 6 Can Service Pickup Name Address Pickups City Hall 800 Seminole Rd 2 Lifeguard Station 1 Ahern St 2 ~"'" Donner Comm Ctr 1671 Francis Ave 2 Jordan Comm Ctr 2072 George St 2 AB Community Ctr 716 Ocean Blvd 2 * Grit means "sand and debris screened from wastewater as it enters the wastewater treatment plant". 59 City Bus St ops - Hand Pick Up Location Can Size Number of Cans .. NE Corner of Ocean Blvd & 30 Gallon 1 Ahern .~ SE Corner of Ocean Blvd & 30 Gallon 1 Ahern 60 Ocean Blvd 30 Gallon 1 Life Guard Station on Ahern 30 Gallon 2 '"' NE Corner of Atlantic Blvd & 30 Gallon 1 Ocean Blvd NW Corner of Atlantic Blvd & 30 Gallon 1 Ocean Blvd North side of Atlantic Blvd 30 Gallon 1 East of Ocean Blvd to turn w, around North side of turn around on 30 Gallon 3 Atlantic Blvd 207 Atlantic Blvd 30 Gallon 2 299-2 Atlantic Blvd 30 Gallon 1 Al's Pizza on Atlantic Blvd 30 Gallon 1 lgt Street & Beach Avenue 30 Gallon 1 Sticky Fingers on Atlantic 30 Gallon 1 ,,,~ Blvd Atlantic Blvd & Sherry Drive 30 Gallon 1 McDonald's on Atlantic Blvd 30 Gallon 1 '" Atlantic Blvd & Seminole Rd 30 Gallon 1 Atlantic Blvd & Royal Palms 30 Gallon 1 Bus stop in front of Publix 90 Gallon 1 on Atlantic ~"""' 1079-9 Atlantic Blvd 30 Gallon 1 Bus Stop Atlantic Blvd & 30 Gallon 1 Mayport Road ,,,~ Fairway Villas & Mayport Rd 90 Gallon 1 NW Corner of West Plaza & 90 Gallon 1 Mayport Road NW corner of Church Road & 30 Gallon 1 "" Mayport Road North of Hess Station on 30 Gallon 1 Mayport Road 10th Street Beach Access 30 Gallon 1 .ee 11th Street Beach Access 30 Gallon 1 12th Street Beach Access 20 Gallon 1 15th Street Beach Access 90 Gallon 1 *+ 18th Street Beach Access 90 Gallon 3 Parking Area 19 Street Beach Access 30 Gallon 1 Parking Area '""~ 60 .. EXHIBIT C LIST OF CITY EVENTS List of events for the City of Atlantic Beach, Contractor to provide service or participate in at no cost to the City "Camping Under the Stars" "Dancin' in the Streets" 61 EXHIBIT D Contract Pricing Sheets 62 .~ .~, .~. Pricing Sheet 7 Years COI~IERCL~.I. CONTAINER COLLECTION AND DISPOSAL RATE Per Cubic Yard Collection rate: $1.59 Fuel Component: $0.22 Total per cubic yard: $1.81 Commercial 90 gallon Toter Collection: $3.45 Per collection per toter Commercial Hand Collection (up to 3, 32 gallon containers weekly). ree Monthly $6.92 Fuel Component: $0.98 ""' Total Monthly charge $7.90 63 .. ... Pricing sheet 7 Years RESIDENTIAL CART COLLECTION AND DISPOSAL SYSTEM, 96 GALLON TOTERS „~ FOR A SEVEN (7) YEAR CONTRACT WITH RENEWALS OPTIONS: Contractor to supply all toters and maintenance of toters. ~*? Residential curbside collection of refuse: lx per week $6.88 Monthly Fuel Component: lx per week $1.22 Monthly .,~ Total: lx per week $8.10 Monthly .~ Residential Yard Waste: $3.48 Monthly Fuel Component: $0.62 Monthly Total: $4.10 Monthly Residential Curbside Recycling $2.60 Monthly Fuel Component: $0.45 Monthly Total: $3.05 Monthly Monthly total for all the above components: lx per week $15.25 Monthly 64 ,. .~ „w .., ww ROLL OFF COMPACTOR Roll Off Compactor Per Pull Charges 15 Yard $275.00 20 Yard $275.00 30 Yard $275.00 40 Yard $275.00 Roll Compactor rental or lease fees monthly 15 Yard $200.00 ~, 20 Yard $250.00 30 Yard $300.00 ~* 40 Yard $350.00 65 ROLL OFF OPEN TOP Roll Off Open top Per Pull Charges 10 Yard $275.00 20 Yard $275.00 30 Yard $275.00 40 Yard $275.00 Roll Off Open top rental fees monthly 10 Yard $100.00 20 Yard $125.00 30 Yard $130.00 40 Yard $135.00 Roll Off open top delivery fees: $100.00 .,~ 66 Pricing Sheet 7 Years VIP COMPACTOR FRONT LOAD CONTAINER COMMERCIAL CONTAINER COLLECTION AND DISPOSAL RATE Per Cubic Yard Collection rate: $4.14 Fuel Component: $0.66 Total per cubic yard: $4.80 67