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Ordinance No. 2023-008d=
CLERWON-r CITY OF CLERMONT
���'� ORDINANCE NO.2023-008
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 A&M 4 CANS, LLC.
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 A&M 4 Cans, LLC., 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 A&M 4 Cans, LLC. and A&M 4 Cans, LLC
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".
SECTION 4.
A&M 4 Cans, LLC. shall be an independent contractor and shall enter into a contract with City
that provides, among other things, that A&M 4 Cans, LLC. 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 A&M 4 Cans, LLC., its agents, servants or employees, within
or without the city limits. A&M 4 Cans, LLC. 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
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CLER%NT CITY OF CLERMONT
�� ORDINANCE NO.2023-008
in connection with the performance by A&M 4 Cans, LLC., 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.
A&M 4 Cans, LLC. 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 A&M 4 Cans, LLC. shall be in full force
and effect until A&M 4 Cans, LLC., 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.
A&M 4 Cans, LLC. 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.
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.
6
CLERWONT CITY OF CLERMONT
7- ORDINANCE NO.2023-008
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County,
Florida on this 28th day of February, 2023.
CITY OF CLERMONT
P
Tim Murry, Yor
Tracy Ackroyd HXe, MMC
City Clerk
APPROVED AS TO FORM AND LEGALITY:
Dame . Mantzans, ity Attorney
d•S
CLEOON-r CITY OF CLERMONT
— ORDINANCE NO.2023-008
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 28' day of February, 2023, by and
between the City of Clermont, Florida ("City"), and A&M 4 Cans, LLC., whose address is 18147
Coralwood Lane Groveland, FL 34736 ("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. 2023-008, 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.
�CC
CLEKI_
N-r CITY OF CLERMONT
-� ORDINANCE NO.2023-008
SECTION 3 Incorporation of the Ordinance.
The Franchise granted hereunder is issued pursuant to and subject to the provisions of the
Ordinance No. 2023-008 as passed on February 28, 2023, 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, it 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.
SECTION 6 Limitation of Grant of Franchise.
The non-exclusive franchise right 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;
CC
CLERWON-r CITY OF CLERMONT
ORDINANCE NO.2023-008
(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.
(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 15ffi 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.
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CLERMoNT CITY OF CLERMONT
ORDINANCE NO.2023-008
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.
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 written notice to the other party delivered in accordance herewith:
City: City of Clermont
Attention: City Clerk
685 W. Montrose Street
Clermont, FL 34711
E
CLERWOIT CITY OF CLERMONT
ORDINANCE NO. 2023-008
Grantee: A&M 4 Cans, LLC.
Attention: Anand Ramlakhan
18147 Coralwood Lane
Groveland, FL 34736
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.
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CLEOON-r CITY OF CLERMONT
ORDINANCE NO.2023-008
IN WITNESS WHEREOF, the parties hereto have hereunder executed this Agreement on the
date and year first above written.
CITY OF CLERMONT, FLORIDA
Tim Murry, M4�
ATTEST:
Tracy Ackroyd Howe, MMC
City Clerk
GRANTEE:
Title:
ATTEST:
Title: