O-602-MAl Roznowski Services, LLC
718 Balmoral Circle
Leesburg, Fl. 34748
352-326-9196 O
352-326-0029 F
Alrozservices(r~,live.com
Cancellation Letter
I, Allen Roznowski, am sending you this letter as notice of cancellation regarding the agreement of
franchise for the city of Clermont. We have decided to eliminate the Clermont area as part of our
working territory due to costs. We thank you for all your time and help in this matter. Please let us
know if there is anything else we need to do.
Thank You,
~~~
Allen Roznowski
Al Roznowski Services, LLC
718 Balmoral Circle
Leesburg, Fl. 34748
352-326-9196 O
352-326-0029 F
Alrozservices(a~live.com
Cancellation Letter
I, Al Roznowski, am sending this letter as notice of cancellation regarding agreement in process for a
bond to perform roll off services with in the city limits of Clermont. It has come to my attention that
cost of an open bond would cost more to have available than the amount of services performed in this
area. The customer that was located in the city limits of Clermont has now finished the job requiring
the services and we have decided to eliminate this area from our working locations. We thank you for
all your time and help in this matter. Please let me know if there is anything else we need to do.
Thank you,
~~~ ~
Al Roznowski
°~ .
CITY O F C L E R M O N T City Clerk's Office
October 15, 2008
AI Roznowski Services
718 Balmoral Circle
Leesburg, FL 34748-5654
Dear Mr. Roznowski:
Enclosed is a copy of the fully executed Ordinance and Collection/Disposal Agreement between the City
of Clermont and AI Roznowski Services.
Within the next third (30) days you will need to provide a performance bond in the amount of one
hundred thousand dollars ($100,000.00) as outlined in Section 10 of the agreement.
Should you have any questions please contact me at 352-241-7330.
Sincerely,
Denise Noak
Deputy City Clerk
P.O. BOX 120219 CLERMONT, FLORIDA 34712-0219 PHONE: 352-241-7330 FAX: 352-395-2379
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CITY OF CLERMONT City Clerk's Office
September 24, 2008
Al Roznowski Services
718 Balmoral Circle
Leesburg, FL 34748-5654
Dear Mr. Roznowski:
Enclosed is the Collection and Disposal Agreement that will be on the October 14, 2008 Council agenda
for approval.
Please sign and return to our office prior to the meeting date. You will receive a fully executed copy of
the agreement and the ordinance after the meeting date. In addition to the agreement, please send a copy
of the general liability policy as outlined in Section 5 (a).
Within 30 days of Council approval, you will need to provide a performance bond in the amount of one
hundred thousand dollars ($100,000.00) as outlined in Section 10.
Should you have any questions or require assistance, please contact me at 352-241-7330.
Sincerely,
Denise Noak
Deputy City Clerk
P.O. BOX 120219 CLERMONT, FLORIDA 34712-0219 PHONE: 352-241-7330 FAX: 352-395-2379
www.CitvofClermontFL.com
CITY OF CLERMONT
ORDINANCE No. 602-M
AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A GARBAGE COLLECTION
FRANCHISE TO AL ROZNOWSKI SERVICES, 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 Al Roznowski Services, 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 Al Roznowski Services, and Al Roznowski Services 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.
Al Roznowski Services shall be an independent contractor and shall enter into a contract with City that provides,
among other things, that Al Roznowski Services 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 AI Roznowski Services ,its
agents, servants or employees, within or without the city limits. AI Roznowski Services 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 Al Roznowski Services, 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.
Al Roznowski Services 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.
CI1Y OF CLERMONT
ORDINANCE
No.
Page 2
SECTION 6.
This franchise and the contract between the City and Al Roznowski Services shall be in full force and effect until
October 14, 2009 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.
Al Roznowski Services 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.
PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY,
FLORIDA, ON THIS 14`h DAY OF OCTOBER, 2008.
,-.
T.._
ro d S. Turville, Jr., Mayor
ATTEST': "
n
Tracy Ac~yd, City Cler `
CITY OF CLERMONT
NON-EXCLUSIVE COMMERCIAL ROLL-OFF SOLID WA5TE CONTAINER
COLLECTION AND DISPOSAL AGREEMENT
THIS AGREEMENT is made and entered into this 14`h day of October, 2008, by and
between the CITY OF CLERMONT, FLORIDA ("City"), and Al Roznowski Services, whose
address is 718 Balmoral Circle, Leesburg, FL 34748-5654 ("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 anon-exclusive franchise right to
operate within the incorporated municipal limits of the City of Clermont; anc?
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 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. 602-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. 602-M as passed on October 14, 2008, 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.
1
SECTION 4 COMPLIANCE WITH OTHER FEDERAL STATE AND LOCAL
REOUIREMENTS.
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 renuired 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;
(b) the collection and disposal of all commercial refuse generated by establishments
which:
(i) utilize twelve (12) or less refuse cans per pick up each, with a capacity not
exceeding thirty (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:
2
(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 eii~I,loyees 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 15`h
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 thirty (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.
3
This franchise and this Agreement shall be in full force and effect until October 14, 2009
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 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
Attention: City Clerk
685 W. Montrose Street
Clermont, FL 34711
Grantee: Al Roznowski Services LL(..
718 Balmoral Circle f
Leesburg, FL 34748-5654
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.
4
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.
CITY OF CLERMONT, FLORIDA
By: .,,,. --.
Mayor Harold S. Turville, Jr.
ATTEST:
Tracy A~1 ~fbyd, City C~ k
GRANTEE:
By:
Al Rozno ki
Title: Owner
A TT~CT.
5
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Fax: Sep 26 2008 09:5iam POD1/001
CERTIFICATE OF LIABILITY INSURANCE o~,D pw DATB(MMUDD/YYYY)
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PRODUCER THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RtGMT3 UPON THE CERTIFICATE
Insurance Services Unlimited HOI.DER_ THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P . O. ,Bos 930 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Oakland Ft„ 34760
Phone: 407-656-8515 Faa:407-656-0428 INSURERS AFFORDING COVERAGE NAIC;tt
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