Loading...
O-573-MCITY OF CLERMONT ORDINANCE No. 573-M AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A GARBAGE COLLECTION FRANCHISE TO COMMERCIAL CARTAGE, 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. THE CITY COUNCIL OF THE CITY OF CLERMONT HEREBY ORDAINS THAT: SECTION 1. The City, acting by and through its City Council, hereby grants unto Commercial Cartage, its successors and assigns, anon-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: A. the collection and disposal all residential refuse; B. the collection and disposal of all commercial refuse generated by establishments which: (i) utilize 12 or less refuse cans per pick up each with a capacity not exceeding 30 gallons and/or (ii) require service two or less times per week. SECTION 3. The City hereby grants anon-exclusive franchise to Commercial Cartage and Commercial Cartage 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. Commercial Cartage shall be an independent contractor and shall enter into a contract with City that provides, among other things, that Commercial Cartage shall covenant to hold harmless 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 Commercial Cartage, its agents, servants or employees, within or without the city limits. Commercial Cartage 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 Commercial Cartage, 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. Commercial Cartage shall post with the City a good and sufficient cash or surety bond in the amount of $100,000 guaranteeing the faithful performance by it of all of its obligations and covenants under said contract. CITY OF CLERMONT ORDINANCE No. 573-M Page 2 SECTION 6. This franchise and the contract between the City and Commercial Cartage shall be in full force and effect until February 13, 2008 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. Commercial Cartage 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. First reading this 23`d day of January 2007 Second reading this 13`h day of February 2007 PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, ON THIS 13T'' DAY OF FEBRUARY 2007. ,~C-~' :~ arold S. Turville, Jr., Mayor ATT ST: racy ckroyd, City Jerk CITY OF CLERMONT NON-EXCLUSIVE COMMERCIAL ROLL-OFF SOLID WASTE CONTAINER COLLECTION AND DISPOSAL AGREEMENT THIS AGREEMENT is made and entered into this 13`h day of February, 2007, by and between the CITY OF CLERMONT, FLORIDA ("City"), and Commercial Cartage, Inc., whose address is 24745 Lester Way, Eustis, FL 32736 ("Grantee"). RFf''TTAT C• 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 anon-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 DEFINITION. 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 operation during the term of the contract contemplated herein. Multi- familyresidential maybe considered commercial use. SECTION 2 GRANT OF FRANCHISE. Pursuant to City of Clermont Ordinance No.: 573-M the City hereby grants to Grantee, and the Grantee hereby accepts, anon-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 3 INCORPORATION OF THE ORDINANCE. The Franchise granted hereunder is issued pursuant to and subject to the provisions of the Ordinance No.: 573-M as passed on February 13, 2007, 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 1 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 manner, directly or indirectly to the Grantee's exercise of any of the 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 all residential refuse; (b) the collection and disposal of all commercial refuse generated by establishments which: (i) utilize 12 or less refuse cans per pick up each with a capacity not exceeding 30 gallons and/or (ii) 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. 2 (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 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. (d) Grantee, its agents, servants or employees shall refrain from and take all steps necessary to prevent spilling of any such refuse in the process of collecting or hauling for disposition on any private property or public thoroughfare within the limits of the City. If any refuse is spilled during the process of handling, storing or hauling, it will be promptly removed by Grantee and the area promptly cleaned up. (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 9 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 30 days of this Agreement. SECTION 10 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 with a company and in a form approved by the City, in the amount of one hundred thousand dollars ($100,000), consistent with the requirements of the Ordinance and this Agreement. SECTION 11 TERM, TERMINATION AND ASSIGNMENT. This franchise and this Agreement shall be in full force and effect until February 13, 2008 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 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 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 or this Agreement, City may terminate this agreement after providing to Grantee thirty (30) days written notice and an opportunity to cure. SECTION 12 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 685 W. Montrose Street Clermont, FL. 34712-0219 Attention: City Clerk Tracy Ackroyd Grantee: Commercial Cartage, Inc. 24745 Lester Way Eustis, FL 32736 Attention: Philip Johnson SECTION 13 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 14 SEVERABILITY. This Agreement is declared by the parties to be severable. SECTION 15 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 16 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. IN WITNESS WHEREOF, the parties hereto have hereunder executed this Agreement on the date and year first above written. 4 r, , „ CITY OF CLERMONT, FLORIDA By: " r old S. Turville, Jr ATTEST: Title: G~(5 Rp~t~ ~~'~~'p~, FROM~:COMMERCIAL FAX N0. :3524835006 Dec. 22 2006 10:35AM P4 ~~ CERTIFICATE OF LIABILITY INSURANCE OPIU (,` pATfiIMMUDDIYYTT) G4i~II~-6 08 22 06 PROO1 THIS CERTiFICAT !s ISSUED AS A MATTER OF INFORMATIo ONLY AND CONFEi23 NO RIGHTS UPON YHE CERTIFICATE Town & Srown, Zna. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 87 >•ast Central Avn. ALTER THE COVERAd~ AFFORDED BY THE POLICI>AS BELOW Winter Haven IrZ 33880 Phone: 863-293-7268 Eax:863-294-7216 IN9URi;I~S AFFORDING COV~RACtiE _ NAIC# INeVR6p INSURER a: arwmrioa tnal.ra~ caR~Y 22322 Co~rcial I,andaaapa i INSURER H: ~-- -~ Irrigqation, Ina. Mr3URERC: ~ ~~ ~-- Com~raial Ca.rtagrt, Inc. _.. 24745 Leater Way INsuRDft a --Y u Eustis FL 32736 .... ..,r„ ,~~., _ _ INSURER £: COYERAQES TrE PoLlCles aF INSURANCE LISTED BELOW HAVE BEEN IS3U~D To THE INSURED NAMED ABOVe POR THE poLICY PE,R10D INDICATED, NOTWRN3TANOING ANY RBQV{REMENT, TERM CR CONDfiION OF ANY CONTRACTOR OTHER pOCUMENT WITH RESPECT TO WNiCM THIS CERTIFICATE MAY ~ ISSUED CR MAY PERTAIN, THE INSURANCE AFFORDED BY THQ POLICIES DCSCRIBED HPREIN IS SUBJECT TD ALL THE TERMS, EXCLUSIONS ANO CONDTT10N5 OF SUCH POLICIES_ A6AREc~ATE LIMCTS sF14VUM MAY HAVE BEEN REDUCED BY PAID CLAIAAB, LTR Na tYPkOP INSURANCE POLICY NtIMEIR DATH LMAITS ~... ~~~~ EACHOCCIJRREtJCE S GOMM£RCIAL GENERAf, UADILTf PREMISES ~ oaoarnea f CLNM9 MAOfi ~ OCCUR D f p ~ EX ~Y Olls P~^) S . PER9CNAl5 AOY INJURY f , ' GENERALAflflRfiflATE S GENL AGGREGATE LIMIT APOLIES PER: PRODUCTS - COMP~aP AGG S PCUCY ,eC LOC -- ,,_ Aur oMoe0.,E uAaam A X ANYAUro Ga887005139 01/26/06 01/26/07 ~;~.OI~NCLE LIMIT f 1, 0 0 0, 0 0 0 ALL OW NED AUTOS SCFIEDULEO AUTOS BODILY II.LN.IRY (Par Paraq+) S "` X NRFJ] A1J'Tpe R NON-0WNED AUT09 ~ ~ Ypq~ ~ S . PROPERTY DAMAGE S (Fw ~aMlenty GMAGE uABILrtY AUTO ONLY - EA ACCIpENT 2 ANYAura OTt1ER THAN ~ ACC --^~~ S V` AUTO ONLY: AGG f @fCESSNY~.I~ ~~~ EACH OCCURRENCE S OCCUA ~ CLAIM3MA0! ~•• AGGREGATE S S ..,.~ DEOucTIeLE "` f --~--- RETENTION S -"" f WORKERS COMPENIATION AMS EMPLOYERS LIAelU1Y .TORY LIM4T6 ER .... ' ANY PR4PR{@TOPiPARTNlrA/E%ECVTNE E.L. EACH ACgDE:NT , S OFFICER/MEMOER D(CLUDE04 _ - ~•.. tr Yea dpnlpa uMer Sr~CSAI PROV1910N3 bulgy E,L 049EA6E • EA EMPLOYE S OTHER E,L, pISEgBfi -POLICY LINIT f A Auto Physical Dania C~ffi7005139 01/26/06 01/26/07 SchQdul,ed AC{7 DESCAIPTIOH OF OPEWTIONS ! LOCATN7N8 / YHFACLES! ES(CLUBWN! ADOEb 9Y ENOOR96MENT / SAECIAL PROVISIONS cERTIr=1cATE HOLDER aHOULD ANY or THE ADOYG DesCRIOED PoLlcles DD CANCELLED aePaRe THE EXpIRArrc DATE TNlREOf, THE 189VINO INSURER WILL ENDCAVOR TO MAIL 1 ~ OAYs WRITTEN NOTICE TO Yne crOaTwlcgTE HOLDlA wu~Ep TO THfi lJ3FT, OUT FAI4URE TO pp SC SHALL IMP03H NO 08LlGATiON OR L14HILJTY Cf ANy K1Np UPON THE 1NBURER, RS AGENTS OR REPRfiafiNTATNfil. AC , FROM. :COMMERCIAL FAX N0. :3524835006 Dec. 22 2006 10:36AM P5 Aco~~ CERTIFICATE OF LIABILITY INSURANCE Op 10 c DATLIMMIODlVYYY) cotaesR-7 oa 2s os PRODUCER THIS CERTIFICAtE IS 138UED AS A MATYER OF INFORMA'f101 ONLY AND CONIFERS NO RIdNTS UPON l'HE CERTIFICATE ~rawri G Srown, I~ac. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ,87 East csntral Ava. ALY~R THE COVERAGE AFFORDED BY THE POLICIES B@LOH Winter Flavin )£L 33880 Phona:863-293-9288 Fa~r:963-293--7216 INSURERS AFFORDING COVERAGE NAIL#_ M MISUREO ~ INSURER A: soataern~+ tnaltraea~ co. ~0~90 INSURER ~ drieq~llal.d >mployass Ins co ~sercial Cartage, Ina. INSuRERC; ... 474,5 I,estor Ha INSURER D: Eustis SL 'J2736y 1NSURER E: THE POLICIES OF INSURANCE: LISTED BELOW HAVE BEEN (SS<1ED TO THE INSURED NAMED ABOVE FOR TMI= POLICY PERIOD INDICATED, NoTW1THSTANOtN6 ANY REQUEREIABNT,•TEFi(iA OR COND1714N aF ANY CONTRACT 4R OTHER DOCUMENTVYCEH RESPECT T'O WHICH THIS CERTIFICATE MAY 8E ISSUW OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIB® HEREIN IS SUB.IECT TO ALL TiIE T1:Rh13, EXCLUSIONS AND CONf1ITiON9 OF SUCH aouclEts. AccRECA'r1: LIMITS sHawN MAY HAVE ~ ReDUCEO BY PAID cwMS. o ..ss tv.srnatiwllaANC~ PoUGYNUI4BER [U E LIMITS GQN@1ALLIAHI1.11Y A ~ ~ O~WM6RCIALGENERALUA01uTV T81) OLNtAS MADE ~ OCCUR GENT AGGREGATE L11AIT APPLIES PER: -~ POLICY n n LOC AuYuM00N.E LWAIUTY ANY AUTU ALL OWNED AUT08 9CHEOwEO AUTOS HlR6D AUTOS NONAMfWEO AUT09 GARAIiE LYJ3IUTY """I ..NV AUTO EXCES9NMHREtAA LWeR,ITY OCdJR ~ CL41M5 YAOE i DEDUCTIBLE RETENTION S. VYORXlR.1 GOAR~¢tt3AT10N AND CMPI.aVERg' t.lA9KJTY ~ MIYPROPRIETORfPARTNER/EJCECUTiVE 8$0~31,'~OA oFFICEw~Meei ExauDeo~ EACN OCCURR>=NC@ S 1, 000 , 000 07/27/06 07/27/07 PREWSES EsoeeVeeros) Z 300,000 AlEO E%P (AM aH w~a+l S ].O , 00 O pERSCNAL a ADV iNJUmr s 1 ~ 000 , 000_ _ , GfiNIrPALAGGREGATE S ~ 000 , O00 PROOUCIS•COMPlCpAGQ S2,000,OOO cOME3tNED SINGLE uMlr s IEr >~~I BODILY INJURY : (P.r p.na+l BCOIIY INJURY S (WrwcW~M) pppPERN DAt,{AGE S (PK ~aaNenl) AUTO ONLY • EA ACCIDENT S OTHER THAN ~ ACC S AUTO ONLY: AGG S EACN OCCURRENCE •• S ~ AGGREGATE •••~ T! - -- -- S •- ~....~...........-...~ s 9 ~^ f 01~26~06 I 01~26~07 E_LEACHACCIDENY S 1000000 ELPLSBAStw•P,AeMPLDYe S 1000000 E,L.a~ASE-paJCYUI,~r :1000000 certificate hald,er is additional insured with regards to General I,iablity per form 55202 SHOULD ANY OF THE A00vE DEsCR~13ED POLICIlS E! CANGELLHD 6EPORfi TH@ p(pIRATIo OATH THEREOF, THE 189U1Na INSURER WS.1. ENDEAVOR TO MAIL 10 DAYS wRiT7EN NOTICE TO THE GEHi1FIGATE -ro~~R NAMlD TO THE LBlR, BUT FAIWRfi TO OG 80 SHALL IMP098 NO 09UGATION OR LIABILITY OF ANY x WD UPON sNe nvsUalR ITS A6HNT3 tlR REPREBENTATIVF9. ACORb 25 (2001/081 ®ACORD CORPORATION ~ „ FROM,:COMMERCIRL FAX N0. :3524835006 Dec. 22 2006 10:36AM P6 MAP ORTANT If the certificate holder is an ADDITIONAL INSURED, the poiicy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in Neu of such endorsement(s). 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 Neu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not r~nstltute a contract between the issufnA insurer(s), authorized representative or producer, and the certificate holder, nor does it affimiativeiy ar negatively amend, extend or attar the coverage afforded by the polides Acted thereon.