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2012-08 -M CITY OF CLERMONT
ORDINANCE No. 2012-08-M
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, UNDER THE CODE
OF ORDINANCES OF THE CITY OF CLERMONT, GRANTING A
GARBAGE COLLECTION FRANCHISE TO SUNSHINE
RECYCLING, INC. PROVIDING FOR THE TERM OF THE
FRANCHISE AND FOR OTHER PURPOSES CONNECTED WITH
A FRANCHISE FOR THE COLLECTION OF GARBAGE WITHIN
THE CITY OF CLERMONT.
NOW THEREFORE, BE IT ORDAINED by the City Council of the City of
Clermont, Lake County, Florida as follows:
SECTION 1.
The City, acting by and through its City Council, hereby grants unto Sunshine Recycling,
Inc., its successors and assigns, a non-exclusive right and privilege to operate a refuse
collection system in, upon, over and across the present and future streets, alleys, bridges,
easements and other public places of the City, for the purpose of collecting commercial
refuse, subject to certain limitations hereinafter set forth.
SECTION 2.
The rights granted herein shall specifically not include:
1. the collection and disposal of all residential refuse;
2. the collection and disposal of all commercial refuse generated by
establishments which:
(a) utilize 12 or less refuse cans per pick up each with a capacity not
exceeding 30 gallons and/or
(b) require service two or less times per week.
SECTION 3.
The City hereby grants a non-exclusive franchise to Sunshine Recycling, Inc. and
Sunshine Recycling, Inc., will agree to collect and dispose of commercial refuse other
than that described in Section 2 of this Ordinance under the conditions set forth in this
Ordinance and in the Franchise Agreement attached hereto and incorporated herein as
Exhibit"A".
1
CITY OF CLERMONT
ORDINANCE No. 2012-08-M
SECTION 4.
Sunshine Recycling, Inc. shall be an independent contractor and shall enter into a contract
with City that provides, among other things, that Sunshine Recycling, Inc. shall covenant
to hold harmless and indemnify and indemnify the City for any and all damages,
including attorney fees, arising out of directly or indirectly and/or by virtue of any claim,
whether actual or threatened, of whatsoever nature resulting from the activities of
Sunshine Recycling, Inc., its agents, servants or employees, within or without the city
limits. Sunshine Recycling, Inc. will, within five (5) days from the adoption of this
Ordinance, cause to be written a policy of general liability insurance, insuring it and the
City against all claims made by any person or persons for personal injuries or property
damage incurred in connection with the performance by Sunshine Recycling, Inc., its
servants, agents, and employees, of the services required under this Ordinance and the
Franchise hereby granted, which said policy shall be written within limits of$1,000,000
per person and $3,000,000 per occurrence, and for not less than $100,000 for damages to
property per occurrence.
SECTION 5.
Sunshine Recycling, Inc. shall post with the City a surety bond or letter of credit in the
amount of$100,000 guaranteeing the faithful performance by it of all of its obligations
and covenants under said Contract.
SECTION 6.
This Franchise and the Contract between the City and Sunshine Recycling, Inc. shall be in
full force and effect until July 10, 2013, commencing immediately; and this Franchise and
Contract shall thereafter be automatically renewed from year to year unless terminated by
either party upon not less than sixty(60) days written notice.
SECTION 7.
Sunshine Recycling, Inc. shall pay monthly to the City a franchise fee established by
separate resolution of the City of Clermont.
SECTION 8.
This Ordinance and the Franchise granted thereby are applicable to all lands lying within
the corporate limits of the City and shall be applicable with equal force to any additional
lands hereinafter included within the corporate limits of the City, and no such addition of
lands or to be excluded from the corporate limits as the same presently exist, shall
invalidate this Ordinance or the Franchise granted hereunder, or constitute a basis for any
adjustment to or claim under any contract which may be executed under the authority of
this Ordinance.
2
r l
CITY OF CLERMONT
ORDINANCE No. 2012-08-M
SECTION 9.
All ordinances and/or parts of ordinances which are in conflict with this Ordinance are
hereby repealed and same shall be of no further force and effect.
SECTION 10.
This Ordinance shall be published as provided by law, and it shall become law and take
effect upon its second reading and Final passage.
3
CITY OF CLERMONT
ORDINANCE No. 2012-00-M
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake
County, Florida on this 10th day of July, 2012.
CITY OF CLERMONT
Wel<
ararol.S. Turville, Jr., Mayor
ATTEST:
(/)
Tracy 'oy•, City Cle.k
Approved as to form and legality
Danie antzaris, 1-y • -
4
CITY OF CLERMONT
ORDINANCE No. 2012-08-M
EXHIBIT "A"
CITY OF CLERMONT
NON-EXCLUSIVE COMMERCIAL ROLL-OFF SOLID WASTE CONTAINER
COLLECTION AND DISPOSAL AGREEMENT
THIS AGREEMENT is made and entered into this 10th day of July, 2012,by and
between the City of Clermont, Florida ("City"), and Sunshine Recycling, Inc., whose
address is 1263 Landstreet Road, Orlando, Florida 32824 ("Grantee").
RECITALS:
WHEREAS, City as a municipal corporation of the State of Florida has the
authority and right to regulate the use of public right-of-way and related facilities in
conjunction with the commercial activity of the collection and disposal of commercial
waste; and
WHEREAS, Grantee has requested the City grant to it a non-exclusive franchise
right to operate within the incorporated municipal limits of the City of Clermont; and
NOW THEREFORE the parties do hereby agree as follows:
SECTION 1 Definitions. Definitions of terms used in this Ordinance:
(A) "Refuse" includes all garbage and other trash generated by citizens of the
City and businesses within the City.
(B) "Residential Refuse"is that refuse generated by residents of the City.
(C) "Commercial Refuse" is that refuse generated by commercial and industrial
establishments presently operating in the City and any such establishment
which may begin operative during the term of the Contract contemplated
herein. Multi-family residential may be considered commercial use.
SECTION 2 Grant of Franchise.
Pursuant to City of Clermont Ordinance No. 2012-08-M, the City hereby grants to
Grantee, and the Grantee hereby accepts, a non-exclusive right and privilege to operate a
refuse collection system in, upon, over and across the present and future streets, alleys,
bridges, easements and other public places of the City, for the purpose of collecting
commercial refuse, subject to certain limitations hereinafter set forth.
5
CITY OF CLERMONT
ORDINANCE No. 2012-08-M
SECTION 3 Incorporation of the Ordinance.
The Franchise granted hereunder is issued pursuant to and subject to the provisions of the
Ordinance No. 2012-08-M as passed on July 10, 2012, hereinafter "the Ordinance".
Grantee agrees to comply with all provisions of the Ordinance, as amended from time to
time by the City in the lawful exercise of its Police Powers.
SECTION 4 Compliance with other Federal, State, and Local requirements.
The Grantee agrees to comply with all applicable federal and state laws, rules and
regulations. Failure on the part of the Grantee to comply with material requirements of
this Agreement, the Ordinance or/and any other local, state or federal law, ordinance, or
rule or regulation relating to the collection and disposal of solid waste will result in the
cancellation of this Franchise.
SECTION 5 Insurance, Indemnification, Hold Harmless and Duty to Defend.
(a) Grantee shall, within five (5) days from the adoption of this Ordinance, cause
to be written a policy of general liability insurance, insuring it and the City
against all claims made by any person or persons for personal injuries or
property damage incurred in connection with the performance by Grantee, its
servants, agents, and employees, of the services required under this
Ordinance and the Franchise hereby granted, which said policy shall be
written within limits of $1,000,000 per person and $3,000,000 per
occurrence, and for not less than $100,000 for damages to property per
occurrence. In the event that said policy is ever canceled or terminated,
Grantee shall notify City immediately with the name and proof of the
replacement insurance carrier and policy.
(b) Grantee does hereby agree to indemnify, hold harmless and defend City from
any and all causes of actions or claims of any kind for damages of any kind,
including attorney fees, whether actual or threatened, and related in any
matter, directly or indirectly to the Grantee's exercise of any rights
granted hereunder, either within or without the City limits.
(c) Nothing herein shall be construed or act as a waiver of any sovereign
immunity the City may enjoy in accordance with applicable law, the
protection of which the City expressly reserves.
6
CITY OF CLERMONT
ORDINANCE No. 2012-08-M
SECTION 6 Limitation of Grant of Franchise.
The non-exclusive franchise nght granted herein is limited by the Ordinance and shall
specifically not include the following to the following:
(a) the collection and disposal of all residential refuse;
(b) the collection and disposal of all commercial refuse generated by
establishments which:
(1) utilize twelve (12) or less refuse cans per pick up each, with a capacity
not exceeding thirty(30) gallons and/or
(2) require service two or less times per week
SECTION 7 Service Requirements.
Any and all services to be provided hereunder by Grantee shall be performed in
accordance with applicable professional standards, this Agreement, the Ordinance, and all
Local, State and Federal Laws. In addition thereto, Grantee shall act as follows:
(a) All commercial waste to be picked up by Grantee will be stored in standard
manufactured, mechanically serviced containers approved by the City.
Grantee will supply such containers as needed by customers. Location of
containers is subject to City approval.
(b) Size of containers and frequency of service will be agreed upon by Grantee
and each customer. Minimum container size shall be two cubic feet.
Containers will be disinfected a minimum of once per week to remove all
noxious and/or obnoxious odors.
(c) The rates for each individual customer are to be negotiated between Grantee
and each customer it serves. The City and each customer shall be notified of
any proposed rate change at least sixty (60) days prior to the effective date of
the rate change.
(d) Grantee, its agents, servants or employees shall collect refuse collected
hereunder in enclosed, standard, packer-type vehicles approved by the City,
and shall perform their obligations hereunder in a courteous, workmanlike
manner so as not to create a nuisance for any of the residents of the City.
All such commercial refuse collected hereunder shall be disposed in a
lawful manner.
7
CITY OF CLERMONT
ORDINANCE No. 2012-08-M
(e) Grantee shall have the sole responsibility for the billing and collection of
charges provided hereunder. Billings shall be monthly and payable on or
before the 15th day of the succeeding month. In the event bills are not paid
within this time, Grantee shall have the right to discontinue service for non-
payment. Nothing herein shall be construed or act as an acknowledgement
or guarantee by City of any fees or billings owed to Grantee.
(f) Collection shall be made during hours as set forth in a schedule approved by
the City. All collection will be made as quietly as possible.
SECTION 8 Payment of Franchise Fee.
Grantee shall pay monthly to the City a franchise fee established by separate resolution of
the City of Clermont. Grantee shall provide an annual audit report to the City showing
gross annual billings and receipts, if requested by the City. Fees to be assessed
commencing with the first billing of any customer. In the event services have been
provided prior to this agreement, all past due fees calculated from the first billing shall be
paid within thirty(30) days of this Agreement.
SECTION 9 Posting of Performance Bond.
Within thirty (30) days of the execution of this Agreement, Grantee shall provide to the
City, and at all times thereafter shall maintain in full force and effect for the term of this
Franchise or any renewal thereof, at Grantee's sole expense, a performance bond or letter
of credit with a company or financial institution and in a form approved by the City in its
sole discretion, in the amount of one hundred thousand dollars ($100,000), consistent
with the requirements of the Ordinance and this Agreement.
SECTION 10 Term, Termination and Assignment.
This Franchise and this Agreement shall be in full force and effect until July 10, 2013,
commencing immediately; and this Franchise and Contract shall thereafter by
automatically renewed from year to year unless terminated by either party upon not less
than sixty(60) days written notice sent via U.S. registered or certified mail, return receipt
requested, to the other party. This Franchise and the Contract between the City and
Grantee may be assignable to an affiliated company by Grantee after it has first obtained
the consent of the City for such assignment. In the event of default of any of the terms of
the Ordinance of this Agreement, City may terminate this agreement after providing to
Grantee thirty(30) days written notice and an opportunity to cure.
8
CITY OF CLERMONT
ORDINANCE No. 2012-08-M
SECTION 11 Notice, Proper Form.
Any notices required or allowed to be delivered hereunder or under the Ordinance shall
be in writing and be deemed to be delivered when (1) hand delivered to the official
hereinafter designated or(2) upon mailing of such notice when deposited in United States
Mail, postage prepaid, certified mail, return receipt requested, Federal Express or courier,
addressed to a party at the address set forth opposite of the party's name below, or such
other address as the party shall specify by wntten notice to the other party delivered in
accordance herewith:
City: City of Clermont
Attention: City Clerk
685 W. Montrose Street
Clermont, FL 34711
Grantee: Sunshine Recycling, Inc.
Attention: Lisa LaMoute
1263 Landstreet Road
Orlando, FL 32824
SECTION 12 Disclaimer of Third Party Beneficiaries.
This agreement is solely for the benefit of and shall be binding upon the parties hereto
and their respective successors in interest. No right or cause of action shall accrue upon,
or by reason hereof, to or for the benefit of any person not a party to this Agreement or a
successor in interest.
SECTION 13 Severability.
This Agreement is declared by the parties to be severable.
SECTION 14 Applicable Law and Venue.
This Agreement shall be construed, controlled, and interpreted according to the laws of
the State of Florida. Venue for any cause of action hereunder shall be exclusively in Lake
County, Florida.
SECTION 15 Entire Agreement; Modification.
This Agreement constitutes the entire agreement between the parties and supersedes all
previous discussions, understandings and agreements. Modifications to and waivers of
the provisions herein may be only by the parties hereto and only in writing.
9
CITY OF CLERMONT
ORDINANCE No. 2012-08-M
IN WITNESS WHEREOF, the parties hereto have hereunder executed this Agreement
on the date and year first above written.
CITY OF CLERMONT, FLORIDA
•
By: ,a■-' -'14"
Harold S. Turville, Jr., ayor
ATTEST:
/ •
Tracy A•�ro yd, City C
Approved as to fo _1 . .d legali :
•
D z:.• -
ey
GRANTEE:
By:
Title:
ATTEST:
Title:
�..N OP ID:JD
A�ROY CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY)
09/07/12
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER
IMPORTANT. If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER 770-242-0519 NAME
Jordan Dunn,CIC
The Leavitt Group of Atlanta
2397 Huntcrest Way,Suite 100 770-368-9158 =NIL,Eat) 770-242-0519 (AA/C,No) 770-368-9158
Lawrenceville,GA 30043 n DRESS certificates @Igatlanta.com
Charles G.Mangum PRODUCER SUNSH-1
CUSTOMER ID#
INSURER(S)AFFORDING COVERAGE NAIC#
INSURED Sunshine Recycling, Inc. INSURER A FCCI Mutual Insurance Company 10178
1263 Landstreet Rd. INSURER B Century Surety Company 36951
Orlando, FL 32824 INSURER C Insurance Company of the West 27847
INSURER D
INSURER E
INSURER F
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS
LTR INSR WVD (MM/DD/YYYY) (MM/DDIYYYY)
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
A X COMMERCIAL GENERAL LIABILITY CPP0011570-02 08/31/12 08/31/13 DAMAGE TO RENTED
PREMISES(Ea occurrence) $ 100,000
CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 5,000
X Contractual PERSONAL&ADV INJURY $ 1,000,000
GENERAL AGGREGATE $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,000
n POLICY X ize n Loc Emp Ben. $ 1,000,000
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000
A X ANY AUTO CA0016705-02 08/31112 08/31/13 (Ea accident)
BODILY INJURY(Per person) $
ALL OWNED AUTOS
BODILY INJURY(Per accident) $
SCHEDULED AUTOS
PROPERTY DAMAGE $
X HIRED AUTOS (Per accident)
X NON-OWNED AUTOS $
X FL PIP-$10,000 $
UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000
EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000
B CPP782863 08/31/12 08/31/13
DEDUCTIBLE $
X RETENTION $ 10,000 $
WORKERS COMPENSATION X WC STATU- 0TH-
AND EMPLOYERS'LIABILITY TORY LIMITS ER
C ANY PROPRIETOR/PARTNER/EXECUTIVE Y Y N/A WFL5000562 03 08/31/12 08/31113 E L EACH ACCIDENT $ 1,000,000
OFFICER/MEMBER EXCLUDED
(Mandatory in NH) E L DISEASE-EA EMPLOYEE $ 1,000,000
If yes,describe under 1 000,000
DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ ,
A Enviromental Liab CPP782862 08/31/12 08/31/13 Per Occ. 1,000,000
DED.$10,000 Aggregate 2,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space us required)
CERTIFICATE HOLDER CANCELLATION
CITYCLE
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Clermont ACCORDANCE WITH THE POLICY PROVISIONS
Attn: City Clerk
685 W. Montrose St. AUTHORIZED REPRESENTATIVE
Clermont, FL 34711 . , ' I
I
©1988-2009 ACORD CORPORATION. All rights reserved.
ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD
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:�: nnci al offices in the City of Middleton,Wisconsin,does make,constitute and appoint �}„♦r,°}I
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1,;r�'z undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in �j,�IAtf
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is 0...x.,...._`a►lu 1 of Directors of PLATTE RIVER INSURANCE COMPANY at a meeting duly called and held on the 8th day of January,2002 E.4%.:P Fl
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((`+;gitei: ``RESOLVED,that the President,and Vice-President,the Secretary or Treasurer,acting individually or otherwise,be and they hereby are granted the !.+.rt,l
\e power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings and other writings tin;,
iPl1ti;1+T•1 - obligatory-in-the naturethereof,one or more vice-presidents,assistant secretaries and attorney(s)-in-fact,each appointee to have the powers and duties E �6`/i
:r usual to such offices to the business of the Corporation,the signature of such officers and the seal of the Corporation may be affixed to such power of __-_
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u;tr::Cr ti attorne or to an certificate relatin thereto b facsimile,and an such y g g t ,��+;.,,,
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„gii;;= which executed the above instrument,that he knows the seal of the said corporation,that the seal affixed to said instrument is such corporate seal,that !°`"''`�\
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("At*"`uI authorized to make this certificate, DO HEREBY CERTIFY that the foregoing attached Power of Attorney remains in full force and has not been _ '��°; {�
0,010.-/il 2''`_ revoked,and furthermore,that the Resolution of the Board of Directors,set forth in the Power of Attorney is now in force °_c`-'"�
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','''''.$1r, y_ Signed and sealed at the City of Middleton,State of Wisconsin this /0- day of .TALy 2 0/2 __�'�r,h
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