SOLID WASTE COLLECTION PUBLIX CURLEW ROAD
.:'-
CITY OF DUNEDIN
SOUD WASTE COLLECTION AGREEMENT
THIS AGREEMENT entered into this 1 st day of ,T4T\TIJARY ,2003 , by and
between the CITY OF DUNEDIN, a municipal corporation of the State of Florida, hereinafter
referredtoas"CITY"and, the City of Clearwater, a municipal corporation
hereinafter referred to as "COLLECTOR".
RECITALS,
--------WHER-EA5,-€oHector-hasapplied for permission to collect and transport garbage, trash j
-.-OI.Ju.bblsh within the City.Jlmits...ofJ:be.,Citv-l,o.ursuanLtotbeproyjsJonsofChapterlOQf the .,.
City Code of Ordinances for certain accounts requiring specialized services which are not
provided by the City of Dunedin; and
WHEREAS, certain conditions must be met prior to approval by the City Manager, or
authorizedagent,of the City of Dunedin for such permission as to the specific accounts to be
served by Collector as are set forth herein;u and
mun ... ..n.WHEREASith~sA~reemefltis subj€€tatalJUmes to-J*}Hci€sand-reg ulationssetuoy the
-CTtYManagerQftneDtVofUuneal n, th-e-citY--commissloffoftheCiW-ofDunedi n; and Chapter-
10Df the CDde of Ordinances of the City of Dunedin,or other ordinances on the subject of
solid waste collection or removal within the City; and
WHEREAS, the principal or agent signing the within Agreement on behalf of the
Collector has the actual authority to bind the Collector to the terms of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants made and agreed to be
kept as set forth herein and in consideration of other good and valuable consideration, the
sufficiency of which is hereby acknowledged by the parties, the parties do hereby agree as
follows: ,
OFFICE OF
THE CITY ATTORNEY
City of Dunedin
750 Milwaukee Avenue
Dunedin, Flonda34698
1. The Recitals set forth herein above are incorporated herein by reference.
2. That the terms of this Agreement are subject at all times to the provisions of
Chapter 10 of the Code of Ordinances of the City of Dunedin as it now exists or may hereafter
be amended and any and all other ordinances, regulations or policies established by the City
Commission of the City of Dunedin or the Solid Waste Division of the Public Works Department
of the City of Dunedin, and in the event of any conflict between the provisions hereof and the
provisions of those ordinances or regulations, the provisions of the ordinances or regulations
shall prevail.
3. The term of this Agreement shall commence on the date this Agreement is
executed and shall end on December 31 of each calendar year, subject to the extension
provisions set forth in paragraph 14 hereinafter.
4. The City hereby grants the Collector permission to collect and transport
garbage, trash or rubbish within the corporate limits of the City of Dunedin for the accounts
listed in paragraph 7 herein below. No permission is granted for the servicing of any other
customer accounts within the said City. In the event that any customers are desired to be
added to the terms of this Agreement by the Collector during the term of this Agreement, the
Collector shall make application for permission to service such customer in writing to the Solid
Waste Division and service to such customers may be commenced upon written confirmation
by the Director of the Solid Waste Division and upon approval by the City Manager
5. Prior to the commencement of servicing any customer accounts in the City of
Dunedin, Collector shall obtain and pay for the appropriate City occupational license and the
existence of a current occupational license shall be necessary at all times during the duration
of this Agreement.
6. Collector agrees to pay to City a surcharge of twenty-five percent (25%) of
gross billings to the customer serviced or twenty-five percent (25%) of all consideration
received by Collector from the said customer for each and every collection made at the
customer locations listed in paragraph 7 herein below. The said surcharge is subject to
change during the term of this Agreement in the event that Chapter 10 of the Code. of
Ordinances or other appropriate City ordinance is enacted by the City.Commission ch.angmg
the amount of such surcharge and shall be effective as the of the effective date shown m such
ordinance.
7. Permission is granted pursuant to the terms of this Agreement by the City
Manager for the servicing of the following customer accounts at the following locations only:
.piihlix Supermarket, 90TC1.frlew Roa.d ,Dunedin, FL 34698
.___ In the event tbatany other locatiO: or :stomer i~ serviced -:e ~ollector during the T -
term of this Agreement without prior approval by the City Manager as aforesaid, this
Agreement shall be terminated immediately and the Collector, upon written notification from
.. theCity,shaHceaseservic€tesuch.etlstomers and locations.
...__n-t3:C ..... ... AHd,argesunderlflTsAgreement shalrbedLie on the first of each month for the
reviousmt?nth!sserv!ce -and'shaH-be-paid-ti:> t.t\e. CitYnoA.()r.be!.or.e t~tentb..ofeachmo'!tb~
. If payment IS not received before the tenth of eaCh. mol1tn01'len~.City shatlilave-the-nght~
to terminate this Agreement immediateiy. Delinquent payment is subject to a one percent
(1 %) per month carrying charge from the first of the month to the receipt of payment by the
City, but not less than $50.00. Acceptance of late payment may not be used as a defense
against City for asserting its rights of termination under this provision.
The City shall have access to all Collector's business and customer records, concerning
the above referenced customers, during reasonable business hours. The failure of Collector
to provide such records upon request will result in immediate termination of this permission.
Upon demand, Collector shall certify to City the amount of customer billings as to the
customer accounts set forth in paragraph 7 hereinabove, with copies of Collector's original
billing records as to such customers. The delivery to the City of such customer records is a
condition precedent to the renewal or extension of this Agreement. In the event that the City
conducts an audit of the Collector's records and such audit reflects that the Collector has
underpaid the amounts due under this Agreement, the Collector will pay 150% of the audit
costs to the City (whether conducted in house or by external auditors) and shall, in addition,
pay a penalty of twenty-five percent (25%) of the underpayment.
9. All material transported by Collector pursuant to this Agreement shall be taken
to a location outside the City. In doing so, all vehicles used by Collectors will use the following
route:
OFFICE OF
THE CITY ATTORNEY
City of Dunedin
750 Milwaukee Avenue
Dunedin, Florida 34698
State-approv~d truck routes
Prior to the commenc::ement of any services within the City and simultaneously with the
execution of this Agreement, the Collector shall complete and file with the City a Franchise
Hauler Addendum Information form. An example of that information form is attached hereto
as Exhibit A. Such form may be modified in the future by the City in its sole discretion.
10. Collector agrees to keep in force during the entire time of this Agreement, Auto
liability/Comprehensive General Liability Insurance, including personal injury, issued by a
responsible insurance company and in a form acceptable to the City, in a policy or policies of
a per occurrence combined single limit of not less than one million dollars ($1,000,000). The
Collector shall provide the City with evidence of such insurance in the form of a certificate of
insurance prior to the commencement of services to any customer or location within the City
of Dunedin. The said certificate of insurance shall reflect the City as an additional insured and
shall contain provisions that no such certificate of insurance shall be cancelled for nonpayment
2
or any other reason without notice to the City of Dunedin at least fifteen days prior to the
effective date of such cancellation.
11. The Collector shall fully indemnify Defendant, hold harmless the City and, if
necessary, shall defend in the name of the City, and pay all expenses incurred by the City in
defending itself, with regard to all expenses, damages and penalties that the City may legally
be required to pay (including, but not limited to, expenses for reasonable legal fees as a result
of this Agreement). Damages and penalties shall include, but not be limited to, any and all
damages arising out of the Collector's operation within the City, whether or not any such act
...~J'"omissionjsauthorized,allowed or-PJohibited tlythi~Agreementor by any ordinance of the
..City.ofDunedirI;;~]{PEmsessha11;ndudealltn~identalexpenses,indudiRg-attarney'sfees.and.....
.' . onablejiaJJJa.ilf ~DYserYj~!!~.I~/'lJ~~r~Q_l:!yJtlt:!~aff'i~e()f_~~eC1ty ,-
arney. e J Lnotlfy the CoJledor .of .anyQCtio~a1ms-~r~su-lt-si'-Gf-a.Jly--Aat-Yr-e~..--._~
. . t-.ct-or......thl:o.u.gb.;....o.r~ileged...tcLarlslng out of or through orin an way
connected with, this Agreement between the Collector and the City or throug t e opera Ion
afttle.CoUector'sbusinessprovidingsoHd waste collection. The Collector's indemnification of
the City shall include, but not be limited to, all claims, sUits,-actions,proceedings,1iabilities,
and judgments for damages arising from the following: (1) to persons or property in any way
arising out of or through the acts or omissions of the Collector,1tsofficers, agents, employees,
servants, contri3ctors,sl.IlJc:Qntractors, consultants or volunteers or to which the Collector's
negligence shall in any way contribute; - and (2) arising out of the Collector's failure to comply
'--~=~~=~ =EJ~.."~~rgj'~~.th1~~.a~8:~}~~~tfn~~~a~~i:~~~~~~~~ti~~f;~o~n~~~~acft~~~ -
violation of federal or state anti-trust laws resulting from the agreement between the Collector
and the City.
The City shall be responSible for its own negligence, including that of its elected
officials, charter officials, officers and/or employees resulting from activities arising from the
sole responsibilities under this Agreement. Nothing herein shall be construed to abrogate any
immunity under federal or state law including, but not limited to, Florida Statute 768.28.
12. All notices required to be provided hereunder in writing shall be by U.S. Mail,
certified, return receipt requested, and shall be addressed to the following parties:
OFFICE OF
THE CITY ATlORNEY
City of Dunedin
750 Milwaukee Avenue
Dunedin, Florida 34698
As to the City:
City of Dunedin
Director
Solid Waste Division
810 Lakehaven Road
Dunedin, FL 34698
As to Collector:
City of Clearwater
Solid Waste/General Sprvirp~ Dept.
'70' N Hercull;H. ~uenuo,
Clc~rwatcr, FL 3J7G5 lll~
13. Failure by Collector to comply with one or more of the terms and conditions of
thi~ Agreement shall render said Agreement subject to termination by the City, at the City's
option.
14. This Agreement may be extended for additional one (1) year periods upon
receipt of a formal written request by the Collector to the City of Dunedin Solid Waste
Division. Any requested extension of this Agreement shall be made by the Collector not later
than thirty (30) days priorto the expiration of the term of this Agreement.
IN WITNESS WHEREOF, the parties hereunto have caused this Agreement to be
executed on the date first above written.
~JfL. ~
Collector: /' / /J
-~~~
By: ~nnm~~ nnwnp~
As~t;pir., Solid Waste/
General Svcs.
Paul H. Nystrom
Asst.Dir~, Solid Waste/Recycling
3
OFFICE OF
THE CITY ATIORNEY
City of Dunedin
750 Milwaukee Avenue
Dunedin, Florida 34698
----------~---- - ---
- - - - u_
CITY OE
B i ,
y: ~,
Director
Solid Was e Division
Public Works Department
4
, ~
,
..
DAULER ADDENDUK IN!'ORMATION
(Complete one sheet per customer)
HAULER
_:,,-,------'------------.:........ -- - -...-.--.
- -
,BUSINESS city of Clearwater, Solid Waste/Genl. Svcs.
STREET ADDRESS 1701 N. Hercules Avenue
=="et'fYr~q'Aq'E-~c':",,"'-co'~ccc.cJ.e9:I:''\~tiiteJ:'mm. ... .... ImFlorida.. 33765-1112
~~~~U;~S~N .... ..~. :~":::::~. ~;:=;~~,"nt.,~;;"~t:;T .
DIERGENCY PHuNE (-:z::21::1 2 2 4 ~..J.g4
HI ~KSAFETY CONTACT C:n;:! Y"nn 'lAT.."" i-nn
HOURS OF OPERATION ME 7a!!i5pm
HAULING PERMIT
l'\f\?
<1-655
m_--~mHAULER+S---ctl3-roMER
BUSINESS Publ ix Supermarket
ADDRESS 901 Curlew. Road
CIn./STATE/ZIP Dunedin, FL 34698
CONTACT Store Mgr./Diane Rhoden/corporate Facilities
EMERGENCY PHONE ( 727) 733-41 73 / (AFJq) 6~8-7407 Ext. 4299
HOURS OF OPERATION
PRESENT SERVICE TO CUSTOMER (Per Container)
Perm/Temp
Size (P) (T)
No. of Pulls Rate per Service
Per Month Pull Char~e
30 yd. P
4.3 86.95 25%
DOES SOLID WASTE GO THROUGH A TRANSFER/MRF FACILITY? VPQ
IF SO. WHAT PERCENTAGE? 100%
DOES Cl!SrmIER OWN OR RENT MACHINERY FRmt HAULER? Own
IF RENTI~G ~ACHINERY. WHAT IS MONTHLY CHARGE N/A