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HomeMy WebLinkAbout1992-001SWDD r F SOLID WASTE DISPOSAL DISTRICT RESOLUTION NO . 92 . 1 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOLID WASTE DISPOSAL DISTRICT ( S . W . D . D . ) PROVIDING DEFINITIONS ; GRANTING AN EXCLUSIVE FRANCHISE FOR SOLID WASTE COLLECTION SERVICE ; PROVIDING FOR SEPARATE RESIDENTIAL YARD TRASH COLLECTION ; PROVIDING CONTRACTUAL AGREEMENT FOR RESIDENTIAL RECYCLING SERVICE ; ESTABLISHING MINIMUM PERFORMANCE REQUIREMENTS ; ESTABLISHING RATES AND BILLING PROCEDURES ; ESTABLISHING SERVICE AREA BOUNDARIES ; AND PROVIDING AN EFFECTIVE DATE . WHEREAS , the Board of County Commissioners of Indian River County , Florida , pursuant to Chapter 59 - 1380 Special Acts , Laws of Florida , granted a solid waste collection service Franchise to Harris Sanitation , Inc . ( here - in - after called " COLLECTOR " ) and , WHEREAS , pursuant to Chapter 125 , Florida Statutes , the County is authorized to franchise and contract for solid waste collection and disposal services , and WHEREAS , pursuant to Chapter 125 , Florida Statutes , and under the provisions of County Ordinance 87 - 67 , the County created the Solid Waste Disposal District as a dependent special district to provide an efficient and acceptable means , funded in an equitable manner , for the disposal of solid waste , and WHEREAS , pursuant to County Ordinance 87 - 67 , the S . W . D . D . has the authority to accomplish the purposes of the District by contract , and WHEREAS , the collection of solid waste is an integral part of the disposal of solid waste , and WHEREAS , the franchising of solid waste collection services within the service area of the S . W . D . D . , and any contracts for residential recycling services within the service area of the S . W . D . D . , are better served under the auspices of the S . W . D . D . , and WHEREAS , the S . W . D . D . and COLLECTOR have determined that it is in the best interest of the S . W . D . D . and the public of Indian - 1 - HSFRANCH . DOC River County to modify and update the COLLECTOR ' s existing franchise , and WHEREAS , the COLLECTOR has elected , and the S . W . D . D . agrees , to allow the division of the County into two separate franchised service areas for residential collection service and residential recycling service , and WHEREAS , Chapter 403 Florida Statutes has established a goal for the counties to accomplish recycling of 30 % of their wastestream by 1994 , and WHEREAS , the S . W . D . D has elected , and budgeted for fiscal year 1991 - 1992 , to contract curbside residential recycling services for the unincorporated areas of the County and the municipalities that are a part of the district in an attempt to achieve the recycling goal , and WHEREAS , pursuant to Section 403 . 706 ( 9 ) , Florida Statutes , the S . W . D . D is obligated initially to negotiate for residential recycling service with existing franchisees , and WHEREAS , the S . W . D . D and COLLECTOR have reached mutual agreement for provision of residential recycling service , and WHEREAS , the S . W . D . D has held public hearings and allowed all interested individuals to comment on the proposed assignee ' s ability and qualifications to meet the requirements of a franchise , and a contract for residential recycling services : NOW , THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE SOLID WASTE DISPOSAL DISTRICT ( S . W . D . D ) that an exclusive Franchise for Solid Waste Collection Services and a Contractual Agreement for Residential Recycling Services are hereby granted to Harris Sanitation , Inc . ; and in consideration of the respective covenants herein contained , the parties agree as follows : ARTICLE I LIAISON ; TERM ; DEFINITIONS Section 1 . Liaison Between County and Collector All dealings , contracts , notices and payments between the - 2 - HSFRANCH . DOC Collector and the County or S . W . D . De shall be directed by the Collector to the SOLID WASTE DISPOSAL DISTRICT . Section 2 . Commencement of Franchise and Contract The provisions of the Franchise and the Contract outlined herein shall become effective on the date of execution of this Resolution . This franchise , upon final execution , shall replace and render void all previous franchise agreements here -to - fore entered into between Collector and the County . The performance of the recycling collection services outlined in the Contract provided herein shall commence no later than April 1 , 1992 . Section 3 . Term 3 . 1 - The term of the Franchise shall be effective for a period beginning the effective date of this Resolution through March 31 , 2002 . 3 . 2 - The Franchise shall be automatically renewed for additional five ( 5 ) year periods unless either party shall give written notice of non-renewal at least sixty ( 60 ) days prior to the end of the initial term or one of the five ( 5 ) year renewal terms . 3 . 3 - The term of the Contract for Residential Recycling Service shall begin April 11 1992 and terminate September 30 , 1997 , with the exception that the S . W . D . D . shall review the benefits of said contractual services within two ( 2 ) years and may terminate the services if it is determined that the services are not accomplishing the recycling requirements of Chapter 403 , Florida Statutes at a reasonable cost . In addition , the scope of service of the contract shall be reduced to accommodate the deletion of any municipality that elects to refuse or terminate any service provided under the provisions of the contract within the boundaries of said municipality . 3 . 4 - The Contract for Residential Recycling Service - 3 - HSFRANCH . DOC shall be automatically renewed for additional one ( 1 ) year periods unless either party shall give written notice of non - renewal at least 60 days prior to the end of the initial term or one of the one ( 1 ) year renewal terms . Section 4 . Definitions 4 . 1 - Authorized Representative : Shall mean the employee or employees designated in writing by the S . W . D . D . to represent the County in the administration and supervision of the Franchise and Contract . 4 . 2 - Biohazardous / Biomedical Waste : Shall mean any solid waste or liquid waste which is defined as Biohazardous / Biomedical Waste pursuant to County Ordinance , Chapter 17 - 712 , Florida Administrative Code ( F . A . C . ) and Chapter 125 , Florida Statutes . 4 . 3 - Biological Waste : shall mean solid waste that causes or has the capability of causing disease or infection and includes , but is not limited to , Biohazardous / Biomedical waste , diseased or dead animal carcasses , fecal wastes , pathological wastes and other wastes capable of transmitting pathogens to humans or animals . 4 . 4 _ Board : Shall mean the Board of County Commissioners sitting as the S . W . D . D . Board of Commissioners . 4 . 5 - Collector : Shall mean Harris Sanitation , Inc . , a Florida Corporation . 4 . 6 - Commercial - Collection Service : Shall herein refer to solid waste collection service or containerized recyclable materials collection service provided to business establishments , County owned property , churches , schools , multiple dwelling units , mobile home parks , office buildings and other commercial or industrial establishments . As related to recyclable materials collection , this definition applies to a service wherein containers are provided to a customer for collection of recyclable materials generated by the customer and does not include public drop - off centers or services wherein - 4 - HSFRANCH . DOC baled materials or food wastes are collected by a transport vehicle . 4 . 7 - Commercial Rubbish : Shall mean any and all accumulations of paper , rags , excelsior or other packing materials , wood , paper or cardboard boxes or containers , sweepings , and any other accumulation not included under the definition of Garbage , generated by the operation of stores , offices , and other business places ; also bottles , cans or other containers , excluding recyclable materials , which , due to their ability to retain water , may serve as breeding places for mosquitoes or other water - breeding insects . 4 . 8 - Construction / Demolition Debris : shall mean material defined as such in Chapter 17 - 7011 F . A . C . and shall include material generally considered to be non-hazardous and not water soluble , including , but not limited to , steel , glass , bricks , concrete blocks , asphalt roofing material , tile plates , debris and waste accumulated from building , rebuilding and altering of buildings , structures , roads , streets , sidewalks or parkways . 4 . 9 - Construction or Demolition Site : shall mean a property upon which a new structure or building is being created , or an existing structure repaired , renovated , or demolished , where building materials are or have been , accumulated or generated . 4 . 10 - Contract : Shall mean the provisions herein for Residential Recycling Service to be performed by Collector . 4 . 11 - County : Indian River County , Florida or an authorized representative . 4 . 12 - Department : Shall mean the Florida Department of Environmental Regulation . 4 . 13 - Disposal Costs : Shall mean the tipping fees , surcharges , or other fees charged to the Collector for disposal of solid waste at the Landfill or at other sites approved by the S . W . D . D . 4 . 14 - Franchise : Shall mean the provisions herein for - 5 - HSFRANCH . DOC Solid Waste and Recyclable Materials Collection Service and any attached addendum . 4 . 15 - Garbage : shall mean every refuse accumulation of animal , fruit , or vegetable matter that attends the preparation , use , cooking and dealing in , or storage of food materials , and any other matter , of any nature whatsoever , which is subject to decay , putrefaction , and the generation of noxious or offensive gases or odors , of which , during or after decay , may serve as breeding or feeding material for flies or other germ- carrying insects , or any other container of the material defined herein , but excludes animal carcasses or recyclable materials . 4 . 16 - Garbage Receptacle : Shall mean any commonly available light gauge steel , plastic , or galvanized receptacle that is made of a non- absorbent material , closed at one end and open at the other , furnished with a closely fitted top or lid and handle ( s ) , and is specifically designed for the containment of solid waste . A receptacle also includes a heavy duty , securely tied , plastic bag designed for use as a Garbage Receptacle . 4 . 17 - Hazardous Waste : Shall herein mean material or combinations of material defined as hazardous waste under Chapter 403 , Florida Statutes , Florida Administrative Code Rule 17 - 730 , and 40 CFR , Part 261 which require special management techniques because of their acute or chronic effects on air and water quality ; on fish , wildlife , or other biota ; and on the health and welfare of the public . These materials include , volatile , chemical , explosive , flammable , radioactive , and toxic materials . 4 . 18 - Household Furniture : Shall mean all moveable compactible articles or apparatus , such as chairs , tables , sofas , mattresses , etc . , for equipping a house , but does not include WHITE GOODS . 4 . 19 - Household Rubbish : Shall herein refer to accumulations of paper , magazines , packaging , containers , sweepings , and all other accumulations of a nature other than - 6 - HSFRANCH . DOC Garbage or Yard Trash , which are usual to housekeeping and to the operation of residences . Household rubbish shall include , but not be limited to , all small appliances , small furniture , and yard toys . 4 . 20 - Land Clearing Debris : Shall mean any and all vegetative waste removed in the clearing and grubbing of land , to include but not be limited to brush , limbs , trees , logs , stumps , and other vegetative waste . The term shall also apply to trees , stumps , logs , limbs and shrubbery removed from improved property . 4 . 21 - Landfill : Shall mean the Indian River County Landfill and any other site operated or authorized by the S . W . D . D . for disposal of solid waste . 4 . 22 - Mechanical Container : Shall mean and include any detachable , mechanically serviceable , metal container designed or intended to be mechanically dumped into a loader / packer type of Garbage truck used by the Collector . 4 . 23 - Multiple Dwelling Units : Shall mean any building containing five ( 5 ) or more permanent living units , not including motels and hotels , which is serviced by Mechanical Container ( s ) . 4 . 24 - Recyclable Materials : Shall mean all newspaper ; green , brown and clear container glass ; plastic containers composed of PETE and HDPE plastic ; aluminum cans ; metal cans ; and white goods that are collected in the S . W . D . D service area by the Collector and accepted for recycling by the S . W . D . D or authorized area recycling centers . This will include such materials collected in the municipalities that are a member of the S . W . D . D . 4 . 25 - Recycling : Shall mean any process by which solid waste , or materials which would otherwise become solid waste , are collected , separated , or processed and reused or returned to use in the form of raw materials or products . 4 . 26 Residential Recycling Service : Shall herein refer to recyclable materials collection service provided to - 7 - HSFRANCH . DOC persons occupying a single family residence within the designated recycling service area identified herein . 4 . 27 - Residential Recycling Service Area : Shall mean the area set forth in Figure 1 wherein Collector is authorized to provide residential recycling service . The service area shall include those municipalities that are a part of the S . W . D . D . and have agreed to the recycling services provided herein through inter- local agreement . 4 . 28 - Residential Collection Service : Shall herein refer to the Solid Waste collection service provided to persons occupying dwelling units within the designated residential collection service area who are not receiving commercial service . 4 . 29 - Residential Collection Service Area : Shall mean the unincorporated area of Indian River County set forth in Figure 2 wherein Collector is authorized to provide residential collection service . 4 . 30 - Residential Units : Shall mean dwelling units not constituting multiple dwelling units of five ( 5 ) units or more when applicable to residential collection service , however it shall mean dwelling units of one ( 1 ) unit or single family residence when applicable to residential recycling service . 4 . 31 - Roll -Off Service : Shall mean the collection of Solid Waste utilizing Roll -Off containers of any size or containers larger than ten ( 10 ) cubic yards in capacity . 4 . 32 - Sludge : Includes the accumulated solids , residues , and precipitates generated as a result of waste treatment or processing , including wastewater treatment , water supply treatment , or operation of an air pollution control facility , and mixed liquids and solids pumped from septic tanks , grease traps , privies , or similar waste disposal appurtenances . 4 . 33 - Solid Waste : Shall herein mean commercial and household rubbish , garbage , white goods , household furniture , yard trash or garden trash , landclearing debris , construction , - 8 - HSFRANCH . DOC and demolition debris , or any other discarded material resulting from domestic , industrial , commercial , mining , agricultural , or governmental operations ; or a combination or mixture thereof . Recyclable materials , Biohazardous / Biomedical waste , biological waste , special waste , hazardous waste , and sludge as herein defined are excluded from this definition . 4 . 34 - Solid Waste Regulations : Shall herein refer to ordinances or resolutions of the County and the S . W . D . D . , together with such administrative rules , regulations , resolutions , and policies and procedures as may be established for the purpose of carrying out or making effective the provision of this Franchise or Contract . It shall also refer to any and all Federal , State , and Local laws , rules , ordinances , or regulations related to the management of solid waste , special waste , sludge , biohazardous / biomedical waste , biological waste , hazardous waste , and recyclable material . 4 . 35 - Special Waste : Shall mean wastes listed in Exhibit A attached hereto . 4 . 36 - S . W . D . D . : Shall mean the Solid Waste Disposal District . 4 . 37 - White Goods : Includes inoperative and discarded refrigerators , ranges , water heaters , freezers , air conditioning units , and other similar domestic and commercial large appliances . 4 . 38 - Yard Trash / Garden Trash : Shall mean vegetative matter resulting from yard and landscaping maintenance and shall include materials such as tree and shrubbery prunings , grass clippings , palm fronds , and small branches not exceeding one ( 1 ) inch in diameter and four ( 4 ) feet long . Waste generated by tree or shrubbery removal , land clearing , land development , building demolition , home improvement , tree surgeons , or landscaper ' s services is not yard trash or garden trash . - 9 - HSFRANCH . DOC ARTICLE II SERVICES TO BE PERFORMED BY CONTRACTOR - REFUSE COLLECTION Section 5 . GENERAL 5 . 1 - Franchise : The Collector shall provide Solid Waste collection services within the unincorporated areas of Indian River County . The Collector shall have and is hereby granted the exclusive Franchise to provide Residential Collection Service in the Residential Collection Service Area depicted in Figure 2 and specifically described as follows : The unincorporated areas of Indian River County lying north of a line beginning at the Intracoastal Waterway thence west on 8th Street to US 1 , thence south to 4th Street , thence west to 27th Avenue , thence north to 8th Street , and thence west to undeveloped properties lying west of I - 95 . Included in the service area are the unincorporated areas of Orchid Island lying north of the city limits of the municipalities located thereon . Commercial collection service ; and Roll - off collection service for construction and demolition debris , and landclearing debris shall be provided exclusively throughout the unincorporated area of the County by Collector and one other solid waste collection franchise holder . 5 . 2 - Independent Collector : The Collector shall be an independent Collector and shall provide , at its own expense , all labor , insurance , supervision , machinery and equipment , plant building , trucks and any other tools , equipment , accessories and things necessary to maintain the standard of collection and disposal set forth herein . 5 . 3 - Protection of Adjacent Property and Utilities : The Collector shall conduct its work in such a manner as to avoid damage to adjacent private or public property and shall immediately repair or pay for any damage incurred through its operations . The Collector shall take cognizance of all - 10 HSFRANCH . DOC existing utilities and it shall operate with due care in the vicinity of such utilities to avoid damage caused by its operation . 5 . 4 - Spillage : The Collector shall not litter or cause any spillage to occur upon the premises or the rights - of -way wherein the collection shall occur . The Collector may refuse to collect any Solid Waste that has not been properly bundled or placed in an approved receptacle , mechanical container , or roll - off box . During hauling , all Solid Waste shall be contained , tied , covered , or enclosed so that leaking , spilling , or blowing of waste are prevented . In the event of any spillage caused by the Collector , the Collector shall promptly clean up all spillage . 5 . 5 - Disposal Site : All Solid Waste shall be hauled to the Landfill or to another permitted site or facility as authorized in writing by the S . W . D . D . and disposed of at those facilities . 5 . 6 - Out of County Solid Waste : Collector shall at no time transport any Solid Waste or other wastes originating from outside of Indian River County and the municipalities therein to the Landfill without written authorization from the S . W . D . D . . Any out of county waste approved by the S . W . D . Do for disposal in the Landfill shall be subject to charges double that of normal Landfill disposal charges for the waste type . Section 6 . RESIDENTIAL COLLECTION SERVICE 6 . 1 - Duties : The Collector shall provide for collection and disposal of all Solid Waste , except Special Waste ( not including White Goods and Household Furniture ) , Hazardous Waste , Biohazardous / Biomedical Waste , Biological Waste , Landclearing Debris , Construction Debris , Demolition Debris , and Sludge , from all single family homes , duplexes , triplexes , quadraplexes , individual mobile homes , and other residences not constituting multiple dwelling units . 6 . 2 - Mobile home parks may be serviced as residential - 11 - HSFRANCH . DOC units as provided in this Section or as a commercial customer , as agreed in writing between the S . W . D . D . and the Collector . As such , the Collector may be authorized by the S . W . D . D . to provide residential " curbside service " to mobile homes in a mobile home park under the terms of commercial service . A request for provision of such service shall be formally submitted in writing as an executed agreement by Collector to the S . W . D . D . ( with provisions for signature of the agreement by the S . W . D . D . director ) accompanied by the following information : 1 . Number of units to be serviced . 2 . Method of service . 3 . Explanation of how yard / garden trash is to be collected . 4 . Explanation of how recycling service is to be provided . 5 . Breakdown of cost benefits as a result of the service . 6 . Formal written request for approval by the S . W . D . D . of the proposed curbside commercial service . 6 . 3 - Frequency of Collection : The Collector shall provide for collection of Solid Waste , excluding Yard / Garden Trash , from residential units within the Residential Collection Service Area at least two ( 2 ) times per week , with collections at least three ( 3 ) days apart . The Collector shall collect at curbside for recycling all White Goods within three ( 3 ) days of being called by a residential customer . For residential collection service , no additional charge for the collection of White Goods , household furniture or bulky items shall be made . 6 . 4 - Hours of Collection : Collection shall begin no earlier than 6 : 00 a . m . , and shall cease no later than 9 : 00 p . m . In the case of an emergency , collection may be permitted at times not allowed by this paragraph , provided the Collector has received prior approval from the S . W . D . D . No collection should occur on Sundays or the holidays of July 4th , Labor Day , Thanksgiving , Christmas , and New Years Day , except in a time of emergency . Should the S . W . D . D . close the Landfill in honor of - 12 - HSFRANCH . DOC other holidays , the Collector shall not be required to collect on that day as well . If scheduled collection days should fall on one of such holidays , the Collector shall collect all of the garbage on the following regularly scheduled collection day . 6 . 5 - Collection Location : The customer shall place all solid waste at a location within the parkway abutting the customer ' s residence and no further than five ( 5 ) feet from the curb line or paving line ; or , in the case where no parkway exists or abuts the customer ' s property , at a point no greater than five ( 5 ) feet from the curb line or paving line of the nearest public street ; or , in the case of the existence of a drainage ditch or other obstruction , at a point on the roadside of the ditch or other obstruction . 1 . The Collector shall not be responsible for articles not placed in garbage receptacles , or any other item placed in or about the designated service area that could be misconstrued as solid waste set out for collection . 2 . The Collector shall immediately remove any litter from premises , parkways or streets that is deposited or spilled by it in the process of collecting or transporting solid waste . 6 . 6 - Preparation of Solid Waste : The Collector shall be required to pick up all Solid Waste generated from residential units which has been properly prepared and stored for collection as follows : 1 . All Garbage shall be placed in a Garbage Receptacle or a plastic disposal bag and shall be placed at the collection location provided herein or at such other single collection location as may be agreed upon by the Collector and the customer . Garbage receptacles or plastic bags and their accompanying waste material shall not exceed thirty ( 30 ) gallons in capacity or forty ( 40 ) pounds in weight . 2 . Usual Household Rubbish shall either be placed in containers or receptacles as provided for garbage , where it shall be collected in the same manner as garbage , or it shall be placed at curbside . Non - containerized rubbish shall be - 13 - HSFRANCH . DOC collected providing that it is bundled and does not exceed four ( 4 ) feet in length , nor be greater than forty ( 40 ) pounds in weight for any piece or segment of such materials . White Goods and household furniture need not be containerized , but shall be placed curbside by the residents . 6 . 7 - Method of Collection of Residential Solid Waste : The Collector shall make collections with a minimum of noise and disturbance to the householder . Any Solid Waste spilled by the Collector shall be picked up immediately by the Collector . Section 7 . COMMERCIAL COLLECTION SERVICE 7 . 1 - Duties : The Collector shall provide Commercial Collection Service and shall provide collection of all Solid Waste for disposal , and shall provide for the collection of Recyclable Materials for recycling from , or generated by , multiple dwelling units, any commercial or industrial use , and any use not included within residential service . The Collector shall have one of two non- exclusive franchises to perform such service throughout the unincorporated area of the County in accordance with the terms hereof . 7 . 2 - Freauencv of Collection : Commercial collection service shall be performed at a minimum of once per week , except that the collection of recyclable materials may be provided as agreed by the customer and Collector , or frequently enough to prevent containers from becoming overloaded . In the event a customer ' s container is consistently overloaded , the customer shall use a larger container or provide for a greater frequency of service . In the event of an emergency , collection may be permitted at times not allowed by this paragraph , provided the Collector has received prior approval from the S . W . D . D . 7 . 3 - Location of Pick -u» of Commercial Solid Waste : Commercial collection customers shall accumulate Solid Waste or Recyclable Materials at locations that are convenient for collection by Collector and are mutually agreed upon by the customer and the Collector ; and further , which are approved - 14 - HSFRANCH . DOC under County planning and zoning ordinances . If a dispute should arise between customer and Collector regarding the collection point , the S . W . D . D . , in conjunction with the County Planning Department , shall have final say . 7 . 4 - Commercial Receptacles : Commercial collection customers shall use Mechanical Containers as defined in Section 4 . 22 . 7 . 5 - Method of Collection of Commercial Solid Waste : The Collector shall make collections with as little disturbance as possible . Any Solid Waste or other materials spilled by the Collector shall be picked up immediately by the Collector , unless spillage is caused by overloaded containers ; in which case the customer shall be responsible for picking up the spillage . Section 8 . ROLL-OFF COLLECTION SERVICE COMPACTION , CONSTRUCTION AND DEMOLITION DEBRISr LAND CLEARING DEBRIS , AND YARD / GARDEN TRASH 8 . 1 - The Collector shall provide for compaction , construction and demolition debris , land clearing debris , yard trash / garden trash , and yard maintenance / landscaping debris collection service utilizing Roll -Off containers in the unincorporated area of the County . The Collector shall be required , if requested by the customer , to furnish an open -top roll - off container or a compactible roll - off container in connection with its collection service . 8 . 2 - Except as provided in Section 8 . 3 , the Collector and the one other franchisee shall have the non- exclusive right within the unincorporated areas of the county to provide roll -off containers for collection service for , 1 ) waste compaction services , 2 ) for the collection of materials generated in the construction and demolition of buildings and structures , 3 ) for the collection of solid waste generated in the clearing of land and the preparation of sites for construction , and 4 ) the collection of yard / garden trash - 15 - HSFRANCH . DOC generated from landscaping and yard maintenance . 8 . 3 - Notwithstanding the language of subsection it is hereby acknowledged by the Collector that the S . W . D . D . shall have the right to allow a person to haul , or have hauled by vehicles other than Roll - off containers , land - clearing debris and construction and demolition debris generated only on the applicable property owned or occupied by said person to the county landfill . It is further acknowledged by the Collector that the S . W . D . D . shall have the right to permit persons or businesses to provide collection service for collection of land clearing debris , and construction and demolition debris utilizing vehicles other than those utilized for roll - off containers or waste containers defined or identified in this the franchise . 8 . 4 - The Collector shall at no time transport any Solid Waste or other wastes originating from outside of the S . W . D . D . to the Landfill for disposal without written authorization from the S . W . D . D . Director . 8 . 5 - At no time is landclearing debris , construction and demolition debris , or yard trash / garden trash to be mixed with other types of solid waste or special waste . Collector shall dispose of all authorized wastes brought into the landfill at their designated disposal sites . Section 9 . SCHEDULES AND ROUTES 9 . 1 - Schedules : The Collector shall provide the S . W . D . D . , on a quarterly basis , with schedules for all residential and commercial collection routes and keep such information current at all times . The schedules shall be submitted in the form of a formal report with a service area map within fifteen ( 15 ) days prior to the end of each quarter . The schedules shall be broken down into commercial and residential routes and include the total number of residential units and commercial businesses served within each route . 9 . 2 - Access : The County shall attempt to notify the - 16 - HSFRANCH . DOC Collector of street closures and arrangements for service will be made in a manner satisfactory to Collector and the S . W . D . D . 9 . 3 - Storm : In case of a storm , the S . W . D . D . may grant the Collector reasonable variance from regular schedules and routes . As soon as practicable after such storm , the Collector shall advise the S . W . D . D . of the estimated time required before regular schedules and routes can be resumed . In the case of a storm where it is necessary for the Collector and the County to acquire additional equipment and to hire extra crews to clean the County of debris and Solid Waste resulting from the storm , the Collector shall be required to work with the County in all possible ways for the efficient and rapid cleanup of the County . The Collector may receive extra compensation above the Franchise price for additional employees , overtime , and cost of rental equipment , provided Collector has first secured prior written authorization from the S . W . D . D . . The total cost for such service shall be based on rates jointly agreed to by the S . W . D . D . and the Collector . Section 10 . COLLECTION EQUIPMENT The Collector shall have on hand at all times and in good working order such equipment as shall permit the Collector to adequately and efficiently perform its contractual duties . Equipment shall be obtained from nationally known and recognized manufacturers of garbage collection and disposal equipment . For residential collections , equipment shall be of the enclosed loader packer type and all equipment shall , at all times , be kept in good repair and appearance , and in a sanitary and clean condition . Equipment is to be painted uniformly with the name of the Collector , business telephone number , and the number of the vehicle in letters not less than three inches high on each side of the vehicle . All vehicles shall be numbered and a record kept of the vehicle to which each number is assigned . No advertising shall be permitted on vehicles , except of events - 17 - HSFRANCH . DOC sponsored -by the County . The Collector is to provide the S . W . D . D . on an annual basis , and maintain current at all times , a record of all vehicles and roll - off containers to be utilized for collection services in Indian River County . The record of vehicles shall be submitted as a formal report accompanying this Franchise on its execution by Collector and shall be submitted as a formal report on an annual basis by October 1 of each year thereafter . The record shall be updated in the form of a formal update report within 20 days of any change . The record shall include but not be limited to the following : 1 . Vehicle Make and Model . 2 . Vehicle type ( Roll - off , Rear - loader , etc . ) . 3 . Collector ' s Vehicle Number . 4 . S . W . D . D . Vehicle Permit Number . 5 . Vehicle Mileage . 6 . Vehicle Tare ( empty ) Weight . 7 . Material normally transported . 8 . Vehicle Load Capacity ( both volume and weight ) . 9 . Container type ( compactor , roll - off , recycling ) . 10 . Container Capacity . 11 . Collector ' s Container number ( Number must be assigned by Collector ) . 12 . Container tare weight . The Collector shall not utilize within Indian River County any vehicles or equipment , with the exception of automobiles , that are used for service in other counties or service areas without written approval from the S . W . D . D . Director or his designated representative . The S . W . D . D . may approve any reasonable request Section 11 . SPECIAL WASTE COLLECTION The Collector shall offer Special Waste collection and disposal services to customers in the County upon terms and conditions acceptable to the S . W . D . D . , the Collector and the customer generating the Special Waste . All such collection and - 18 - HSFRANCH . DOC disposal for the types of waste referenced in this section , when done by the Collector , shall be in strict compliance with all Federal and State laws and regulations , and all County or S . W . D . D . Ordinances , Resolutions , and Policies and Procedures . ARTICLE III ADDITIONAL SERVICES TO BE PERFORMED BY THE CONTRACTOR - YARD TRASH / GARDEN TRASH PROGRAM Section 12 , DESCRIPTION OF WORK 12 . 1 - The Collector shall provide for Yard Trash / Garden Trash collection and disposal within the unincorporated areas of Indian River County . The Collector shall have and is hereby granted the exclusive franchise to provide Yard Trash / Garden Trash collection for residential units , as provided in Sections 6 . 1 and 6 . 2 for residential collection service , in the collector ' s residential collection service area . Collector is further granted a non- exclusive franchise to provide yard trash / garden trash collection for commercial customers within the unincorporated areas of the County . Collector acknowledges that contracted landscape and lawn maintenance services are authorized to collect yard trash / garden trash for disposal for their customers in the performance of landscaping and yard maintenance services . 12 . 2 - Freauency and Ouantity of Collection : The Collector shall collect up to four ( 4 ) cubic yards of Yard Trash / Garden Trash from residences within the residential collection service area at least one ( 1 ) time per week , and as needed for commercial collection service and roll - off collection service . 12 . 3 - Hours of Collection : Collection shall begin no earlier than 6 : 00 a . m . and shall cease no later than 9 : 00 p . m . ; provided that in the event of emergency or unforeseen circumstances , collection may be permitted at a time not allowed by this paragraph following approval by the S . W . D . D . 12 . 4 - Location of Pick -up of Yard Trash : Collection - 19 - HSFRANCH . DOC of Yard Trash / Garden Trash shall be at curbside or such other locations as will provide ready accessibility for the Collector ' s collection crew and vehicle , not to exceed five feet from the curb . Location of pick-up for commercial customers shall comply with Section 7 . 12 . 5 - Preparation of Yard Trash for Collection : The Collector shall pick up all Yard Trash / Garden Trash ( subject to the volume limits outlined in Section 12 . 2 ) generated from residential units which has been placed adjacent to the pavement or traveled way of the street in containers less than forty ( 40 ) pounds in weight or in bundles or biodegradable paper bags less than forty ( 40 ) pounds each with no dimension over four ( 4 ) feet . For commercial customers the material is to containerized as provided in Section 7 or Section 8 , except in cases where Collector has agreed to provide bulk pickup . At no time is Yard Trash / Garden Trash to be mixed with other types of solid waste , nor is it to be collected in plastic bags unless Collector removes the material from the plastic bags prior to disposal in the County Landfill . All authorized wastes brought into the Landfill shall be disposed of at their designated sites . 12 . 6 - Method of Collection of Yard Trash / Garden Trash : The Collector shall make collections with a minimum of noise and disturbance to the householder . Yard Trash / Garden Trash spilled by the Collector shall be picked up immediately by the Collector . 12 . 7 - Collection Equipment : The Collector shall have on hand , at all times and in good working order , such equipment as shall permit the Collector to adequately and efficiently perform its contractual duties . Equipment shall be obtained from nationally known and recognized manufacturers of collection equipment . Equipment used by Collector for the collection of Yard Trash / Garden Trash shall comply with the Requirements of Section 10 in all respects . - 20 - HSFRANCH . DOC ARTICLE IV CONTRACTUAL SERVICES TO BE PERFORMED BY THE COLLECTOR - RESIDENTIAL RECYCLING SERVICE Section 13 . DESCRIPTION OF THE WORK 13 . 1 Duties : The Collector shall collect all newspaper ; green , brown , and clear container glass ; aluminum cans ; metal cans ; polyethylene terephthalate ( PET ) plastic containers ; high density polyethylene ( HDPE ) plastic containers ; and white goods set out for the purpose of recycling from all single family homes , and individual mobile homes that are serving as single family homes and are not in mobile home parks . The collection of recyclables shall be conducted through a two container system - - one for newspaper and one for other recyclable materials . The Collector shall have the exclusive right to provide such service within the Recycling Service Area outlined in Figure 1 in accordance with the terms hereof ; the service area being specifically described as follows : The unincorporated areas of Indian River County lying north of a line beginning at the intracoastal waterway , thence west on 18th Street , thence south on 8th Avenue , thence west on 14th Street , thence south on 27th Avenue , thence west on 8th Street , thence north on 43rd Avenue , thence west on State Road 60 , thence south on 66th Avenue , thence west on 8th Street to undeveloped properties west of I - 95 . The service area shall include the unincorporated area of Orchid Island lying north of the city limits of the municipalities located thereon . The service area shall further include those municipalities located on the mainland that are within the described service area and are a part of the S . W . D . D . , and that have agreed to the service through interlocal agreement with the S . W . D . D . 13 . 2 Frequency of Collection : The Collector shall - 21 - HSFRANCH . DOC collect recyclable materials within the service area at least one ( 1 ) time every other week . The day of collection shall be on the same day as one of the collection days for solid waste , or as otherwise approved by the S . W . D . D . Director . 13 . 3 Hours of Collection : Collection shall begin no earlier than six o ' clock ( 6 : 00 ) a . m . and shall cease no later than nine o ' clock ( 9 : 00 ) p . m . ; provided , however , that in the event of emergency or unforeseen circumstances , collection may be permitted at a time not allowed by this paragraph following approval by the County Administrator or S . W . D . D . Director . 13 . 4 Location of Pick-Up of Recyclable Materials : Collection of recyclable materials shall be at curbside , as provided for collection of residential solid waste in Section 6 . 5 herein , or other such locations as will provide ready accessibility for the Collector ' s collection crew and vehicle . In the event an appropriate location cannot be agreed upon , the County Administrator or S . W . D . D . Director shall designate the location . 13 . 5 Containers : The Collector shall pick up all recyclable materials which have been properly prepared for collection and placed in recycling containers and set at curbside or locations specified in Section 15 . 4 . Any recyclables placed in plastic or paper bags may be left by Collector , or shall be removed from said container for separation by the Collector ; and the plastic or paper container shall be properly disposed of by the Collector or , if the resident has an appropriate container available for disposal , left at the residence . The S . W . D . D . shall supply and the Collector shall distribute to each residence two ( 2 ) 18 gallon containers for recyclable materials to be collected . The cost of the initial two ( 2 ) containers will be borne by the S . W . D . D . The S . W . D . D . shall maintain an adequate supply of containers to provide for new residents and for the replacement of lost or damaged containers . The cost for replacement of - 22 - HSFRANCH . DOC lost or damaged containers shall be borne by the customer , and the Collector shall be responsible for the reporting of all damaged or lost containers to the S . W . D . D . for proper replacement and billing . 13 . 6 Method of Collection of Recyclable Materials : Unless otherwise agreed in writing , the Collector shall separate at the point of pick -up , the newspaper and all other mixed recyclable materials into different sections of the collection vehicle . The only recyclables that may be mixed by the Collector are the aluminum cans and metal cans . The newspaper is to be separated from non - acceptable paper so as to provide a de - ink quality material . Recyclable materials to be collected and properly segregated are as follows : 1 . Newspaper 6 . HDPE plastic containers 2 . Clear glass containers 7 . PET plastic containers 3 . Brown glass containers so Mixed metal and aluminum 4 . Green glass containers cans 5 . White Goods The Collector shall make collections with a minimum of noise and disturbance to the householder . Any recyclable materials spilled by the Collector shall be picked up immediately . Materials that are not acceptable for recycling shall remain in the recycling containers for disposal by the customer . 13 . 7 Monitoring Records : The Collector shall be responsible for maintaining information and records adequate to determine participation rates and weekly setout rates by percent , weight by material of items delivered to recycling centers , and other information required by the S . W . D . D . or the State of Florida to meet the requirements of the Solid Waste Management Act , or to obtain grant funds . The Collector shall furnish monthly reports to the S . W . D . D . due by the 15th of the following month containing the requested information ; which shall as a minimum consist of the following : . 1 . Total number of customers having service available - 23 - HSFRANCH . DOC 2 . Total number of customers setting out materials 3 . Percentage of customers participating 3 . Material types and their total tonnage recycled 13 . 8 Charges for Disposal of Recyclable Materials : In the event that recyclable materials become not saleable and must be disposed of at a disposal facility , Collector will dispose of the non -marketable materials at the County Landfill . However , Collector will be fully responsible for the disposal of all recyclable materials that are non -marketable once they are in the collector ' s possession and are processed through facilities not operated by S . W . D . D . 13 . 9 Equipment : The Collector shall have on hand at all times , and in good working order , such equipment as shall permit the Collector to adequately and efficiently perform its contractual duties . Equipment shall be obtained from nationally known and recognized manufacturers of recycling equipment and shall be kept in good repair , appearance , and in sanitary and clean condition at all times . The Collector shall provide the S . W . D . D . with records on all recycling vehicles as provided in Section 10 . 13 . 10 Promotion - Public Relation and Education : The S . W . D . D . and the Collector will cooperate in the design of promotional events and educational programs and the preparation of promotional materials such as door hangers and / or flyers for public distribution , however , the County ' s contribution shall be subject to budget , review and approval by the County . Collector agrees to develop and incur the costs for an initial one day kick - off program prior to beginning the residential recycling service . Collector will also assist in the development of flyers and stickers for the initialization of the program . The Collector shall distribute the flyers and stickers at its expense , while the S . W . D . D . incurs the printing costs . The Collector further agrees to conduct a reasonable number of presentations for schools , civic groups , homeowners - 24 - HSFRANCH . DOC associations and other appropriate citizens groups . ARTICLE V CHARGESe RATES AND LEVEL OF SERVICE Section 14 . BILLING & RATES 14 . 1 - Commercial / Roll - off Service Billing & Rates 14 . 1 . 1 - Billing for commercial collection service , and for roll - off collection service for compaction , construction and demolition debris , landclearing debris , and yard / garden trash will be the responsibility of the Collector . 14 . 1 . 2 - All customers receiving commercial collection service will be charged on a per cubic yard basis . Charges will be billed monthly in advance by the Collector as follows : Containerized Rate per cubic yard per pick up - - $ 6 . 50 . Containerized service applies to commercial service wherein the Collector provides a waste container of 2 - 10 yard capacity . Loose Pick -up Rate per cubic yard per pick up - - $ 6 . 00 . Loose Pick -up service applies to commercial service wherein the commercial customer provides his own waste container . There will be a minimum monthly service charge of - $ 25 . 98 . 14 . 1 . 3 - Roll -Off Charges Per Pull 1 . Open Top Type a ) 15 cubic yards $ 130 . 00 per pull b ) 20 cubic yards $ 143 . 00 per pull C ) 30 cubic yards $ 169 . 00 per pull d ) 40 cubic yards $ 195 . 00 per pull 2 . Enclosed Compactor Type a ) 20 cubic yards or less $ 153 . 00 per pull b ) 21 - 40 cubic yards $ 205 . 00 per pull The rates listed above are maximums , volume discounts can be negotiated between the Collector and the Customer . 14 . 1 . 4 - Other Charges : The rates for Commercial Collection Service and Roll - off Collection Service , contained in Sections 14 . 1 . 2 and 14 . 1 . 3 , do not include disposal fees , maintenance fees , franchise fees , and other extra charges for roll - out service . These fees will be added to , and reflected - 25 - HSFRANCH . DOC on , the customers invoice . 14 . 1 . 5 - Deposits : A deposit shall be paid to the Collector on all new or reinstated delinquent commercial accounts in an amount equivalent to one ( 1 ) month ' s collection fee . The deposit may be applied to any account not paid within thirty ( 30 ) days ; or , upon request of a user terminating service , the deposit may be applied to the customer ' s final billing . 14 . 1 . 6 - Delinquent Accounts : In the event any account is not fully paid within fifty ( 50 ) days from the billing date , the account shall be deemed delinquent . The customer shall be sent a written notice of such delinquency by the Collector and a copy will be forwarded to the S . W . D . D . If any delinquent account is not paid in full within ten ( 10 ) days after sending such notice , collection service shall cease and the S . W . D . D . shall be notified . The S . W . D . D . will notify other franchisees of the delinquent account and no service may be provided to the delinquent customer by any franchisee until the delinquency is corrected . 14 . 1 . 7 - Delinguencv Charge : On any payment more than thirty ( 30 ) days past due , Collector may charge interest on the past due amount at the highest rate allowed by law . If payment is more than sixty ( 60 ) days past due and service is terminated , an administrative fee of $ 50 . 00 may be imposed to compensate the Collector for its expenses in terminating the service , removing the container and notifying the S . W . D . D . 14 . 1 . 8 - Reinstatement of Delinquent Accounts • Any delinquent account may be reinstated upon payment of the past due balance , any delinquent fee and the necessary deposit . Service to such reinstated accounts shall resume upon the next scheduled collection day after such reinstatement . 14 . 2 - Residential Collection Services Rates & Billing : 14 . 2 . 1 - Residential Collection Services Rates : Garbage and Rubbish collection per residential unit will be charged by Collector at the following rate per month - - $ 8 . 37 - 26 - HSFRANCH . DOC Segregated Yard Trash / Garden Trash collection per residential unit will be charged by Collector at the following rate per month - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - -- - - - - - - - - - -- - - - $ 2 . 00 Total rate per residential unit per month for Residential Collection Services will be - - - - - - - - - - - - - - - - - - - - - -- - - - $ 10 . 37 The rate for the referenced residential collection services does not include any franchise fees required by the County or any disposal costs as defined herein . 14 . 2 . 2 - Residential Collection Services Billing : Billing for Residential Collection Services shall be the responsibility of the Collector . As part consideration for the services to be performed by Collector hereunder , Collector shall be paid the sum set forth in Section 14 . 2 . 1 for residential garbage and rubbish collection services , and disposal , and for segregated yard trash / garden trash collection services and disposal . Collector shall submit an invoice to the Customer by the 10th of each billing month for advance payment for residential collection services that are to be rendered during the next quarter , and payments are to be made to the Collector on or before the 30th day of the calendar month in which billed . It is understood by both the Collector and the S . W . D . D . that the unit prices will change from time to time as provided for in the Franchise . Collector understands that although the residential collection services are identified under the two ( 2 ) categories of 1 ) residential garbage and rubbish collection and 2 ) yard / garden trash collection , these services are to be all inclusive and are to be provided to all customers , and are not to be separated into two ( 2 ) distinct services and charges as one without the other . If , in the future , residential solid waste collection services were to be contracted by the S . W . D . D . , and subsequently billed to the customer by the S . W . D . D . , the billing shall occur as provided in Section 14 . 3 , or by other means mutually agreed upon by the Collector and the S . W . D . D . - 27 - HSFRANCH . DOC 14 . 2 . 3 - Delinquent Accounts : In the event any account is not fully paid within fifty ( 50 ) days from the billing date , the account shall be deemed delinquent . The customer shall be sent a written notice of such delinquency by the Collector . If any delinquent account is not paid in full within ten ( 10 ) days after sending such notice , collection service shall cease . 14 . 2 . 4 - Delinquency Charge : Collector may charge interest as provided by law on the past due amount of any account remaining unpaid after sixty ( 60 ) days from the billing date , providing services have been rendered and the customer has not requested that Collector terminate service prior to three ( 3 ) days before the payment due date . 14 . 2 . 5 - A deposit shall be paid to the Collector on all reinstated delinquent accounts in an amount equivalent to the collection fee for one ( 1 ) month . The deposit may be applied to any account not paid within thirty ( 30 ) days , or , upon request of a user terminating service , the deposit may be applied to the customer ' s final billing . 14 . 2 . 6 - Reinstatement of Delinquent Accounts : Any delinquent account may be reinstated upon payment of the past due balance , any delinquent fee and the necessary deposit . Service to such reinstated accounts shall resume upon the next scheduled collection day after such reinstatement . 14 . 3 - Residential Recycling Services Rates & Billing : 14 . 3 . 1 - Residential Recycling Services Rates : Residential Recycling Services per residential unit will be charged at the following rate per month - - - - - - - - - - - - - - - - - $ 1 . 50 . 14 . 3 . 2 - Residential Recycling Services Billing : Payment to Collector for residential recycling services shall be the responsibility of the S . W . D . D . As part consideration for the services to be performed by Collector hereunder , Collector shall be paid the sum set forth in Section 14 . 3 . 1 for residential recycling services . Collector shall submit an invoice to the S . W . D . D . by the 10th of each month for residential recycling services rendered during the preceding - 28 - HSFRANCH . DOC month , and payments will be made to the Collector on or before the 30th day of each calendar month upon verification of the invoice submitted . Where the number of residences that are to receive residential recycling service increase as a result of new structures the payments each month shall be adjusted as provided under Section 14 . 3 . 3 . 14 . 3 . 3 - Increase or Decrease in Residential Recycling Services : On the first day of each month the payment ( s ) for residential recycling services hereunder shall be adjusted to correspond with the occupancy of existing or new buildings , and the demolition of old buildings . The adjustment made on the first day of each month shall be for buildings either occupied or demolished during the month preceding the adjustment ; for example , any change which is made on June 1 of any year will be for buildings occupied or demolished in May of the subject year . Any new unit shall be considered to be occupied when a certificate of occupancy has been issued . Proof of demolition shall be demolition permits issued by the Building Department followed by on - site inspection by the S . W . D . D . verifying that demolition is complete . Section 15 . Adjustments to Rates : 15 . 1 - Changes in Collection Price : Compensation payable` to the Collector for commercial services and residential collection services shall be adjusted upward or downward annually to reflect changes in the consumer price index ( CPI ) for all urban consumer items , U . S . City average , all items , 1982 - 84 equals 100 , as published by the U . S . Department of Labor , Bureau of Labor Statistics . Beginning on October 1 , 1993 , and on each October 1 thereafter , the net change in collection rates shall reflect such increase or decrease in the CPI as defined above for the last calendar year , but no increase or decrease shall exceed ten percent ( 10 % ) per annum . The collection rates in subsequent years of the - 29 - HSFRANCH . DOC Franchise shall be adjusted annually based upon the net change as described above for the preceding year . The Collector shall notify the S . W . D . D . in writing of increases that are based on the CPI , as provided in this section , no less than thirty ( 30 ) days prior to their implementation . Adjustments in compensation for residential recycling services shall be renegotiated as a change in contract pursuant to Section 15 . 4 , to be effective no sooner than the beginning of the next fiscal year , and shall be subject to review by the S . W . D . D . with other qualified Collectors . The S . W . D . D . shall have the alternative to pursue contractual services for residential recycling with other contractors through the bid process . 15 . 2 - Change In Law : The compensation may be increased to offset increased costs of operations of Collector resulting from changes in Federal , State or Local environmental or other law or regulation , which changes affect operations on or after the date hereof concerning the receipt , handling or transportation of solid waste pursuant to this Franchise and Contract . Any rate increase shall be subject to the provisions of Section 15 . 4 . 15 . 3 - Unusual Chancres or Costs : The Collector may petition the S . W . D . D . , pursuant to Section 15 . 4 , for rate adjustments for all services provided herein at reasonable times on the basis of unusualchanges in its cost of doing business ; such as revised laws , ordinances or regulations , or changes in the location of disposal site . Requests will not be unreasonably refused by the S . W . D . D . Any of the aforesaid changes or any other conditions which occur that reduce the Collector ' s cost shall entitle the S . W . D . D . and the Collector ' s customers to receive a unit rate decrease equal to the decrease in the Collector ' s cost . 15 . 4 - Rate Adjustment Procedure : Should the Collector seek an adjustment of any charges established and approved by - 30 - HSFRANCH . DOC the S . W . D . D . Board , then Collector shall notify the S . W . D . D . in writing , setting forth the schedule or rates and charges which it proposes and a written justification for the request . A public hearing shall be held on the request . The request for a public hearing shall be submitted to the S . W . D . D . with supporting data for review and presentation to the S . W . D . D . Board . The hearing may thereafter be continued from time to time as determined by the S . W . D . D . Board . The Board shall make a determination whether the adjustment in charges is necessary and justified under the circumstances provided herein and set forth in Collector ' s justification for rate adjustment . 15 . 5 - Level and Type of Service For Collection of Other Wastes : Where the Collector agrees to collect Special Waste , Hazardous Waste , Biohazardous / Biomedical Waste , or Sludge , a written Agreement between the Collector , the S . W . D . D . and the customer shall be entered into regarding the level and type of service to be provided , at a rate to be negotiated between the parties involved . All such collection and disposal for those types of waste in this section , when done by the Collector , shall be in strict compliance with all Federal , State and Local laws and regulations . ARTICLE VI QUALITY OF SERVICE Section 16 . COLLECTOR ' S PERSONNEL 16 . 1 - Collector ' s Officer ( s ) : Collector ' s supervisory personnel must be present on the routes to direct operations in a satisfactory manner . Said supervisor ( s ) must be available for consultation with the S . W . D . De and / or customers within a reasonable , practical time after notification of a request for such consultation . The supervisor ( s ) shall operate a vehicle which is radio equipped . 16 . 2 - Conduct of Employees : The Collector shall see to it that his employees serve the public in a courteous , helpful and impartial manner . Care shall be taken to prevent damage to - 31 - HSFRANCH . DOC property including receptacles or waste containers , trees , shrubs , flowers and other items of property or plants . 16 . 3 - Employee Uniform Regulations : The Collector ' s regular collection employees shall wear a uniform or shirt bearing the employee ' s name and the company ' s name . 16 . 4 - Compliance with State , Federal and Municipal Law : The Collector shall comply with all applicable City , State and Federal laws relating to wages , hours , and all other applicable laws relating to the employment or protection of employees , now or hereafter in effect . 16 . 5 - Fair Labor Standards Act : The Collector is required and hereby agreesbyexecution of this Franchise and Contract to pay all employees not less than the Federal minimum wage and to abide by other requirements as established by the Congress of the United States in the Fair Labor Standard Act as amended and changed from time to time . Section 17 , COLLECTOR ' S OFFICE The Collector shall provide at his expense , a suitable office located within the County and a toll free telephone service where complaints shall be received , recorded and handled during normal working hours of each week ; and shall provide for prompt handling of emergency complaints and all other special or emergency complaints or calls . ARTICLE VII PERFORMANCE / PENALTIES/ DEFAULT / REVIEW Section 18 , FRANCHISE AND CONTRACT PERFORMANCE 18 . 1 - The Collector ' s performance of the Franchise and / or Contract provided herein shall be supervised by the S . W . D . D . If at any time during the life of the Franchise and Contract , performance reasonably satisfactory to the S . W . D . D . shall not be made , the Collector , upon notification by the S . W . D . D . , shall increase the force , tools and equipment as needed to properly perform the Franchise and / or Contract . The - 32 - HSFRANCH . DOC failure of the S . W . D . D . to give such notification shall not relieve the Collector of his obligation to perform the work at the time and in the manner specified by the Franchise and Contract . 18 . 2 - The S . W . D . D . may appoint qualified persons to inspect the Collector ' s operation and equipment at any reasonable time , and the Collector shall admit authorized representatives of the S . W . D . D . to make such inspections at any reasonable time and place . Section 19 . COMPLAINTS AND COMPLAINT RESOLUTION 19 . 1 - Office : The Collector shall establish an office within Indian River County where complaints can be received . The office shall be equipped with sufficient telephones with at least one local phone number , and shall be open during normal business hours 8 : 00 a . m . to 5 : 00 p . m . , Monday through Friday . 19 . 2 - Complaints : The Collector shall prepare , in accordance with format approved by the S . W . D . D . ( Format is to be submitted to the S . W . D . D . for approval within thirty ( 30 ) days of execution of this document ) , and maintain a register on all complaints and service disputes , and indicate the disposition of each . Such record shall be available for S . W . D . D . inspection at all times during business hours . The form shall indicate the day and hour on which the complaint or dispute was received and the day and hour on which it was resolved . When a complaint is received after 12 : 00 noon on the day preceding a holiday , or on a Saturday , it shall be serviced no later than the next working day . Section 20 . DEFAULT In the event the Collector defaults in the performance of any obligations to be performed by it hereunder or fails to comply to federal , state , and local laws , regulations , ordinances or resolutions , then S . W . D . Do shall give the Collector written notice of each default , specifying with - 33 - HSFRANCH . DOC particularity the default complained of and a time - frame to correct the default . In the event that Collector fails or refuses to resolve each and all defaults , or to commence the resolution of each and all defaults within sixty ( 60 ) days from receipt of such notice or within a time- frame specified by the S . W . D . D . in the notice , then S . W . D . Da may at its option , terminate this Franchise and / or Contract . Section 21 , RIGHT TO REQUIRE PERFORMANCE The failure of the S . W . D . Do at any time to require satisfactory performance by the Collector of any provisions hereof shall in no way affect the right of the S . W . D . D . thereafter to enforce the same , no such waiver by the S . W . D . D . of any breach of any provision hereof is to be taken or held to be a waiver of any succeeding breach of such provisions , or as a waiver of any provision itself . Section 22 . PERFORMANCE REVIEW PROCEDURES Collector shall have the opportunity , in response to any notice of default or deficiency , to seek review of the notice by S . W . D . D . staff . If Collector fails to seek review or fails to satisfactorily resolve any default or deficiency within time - frames specified by the S . W . D . D . , then the S . W . D . D . may thereafter schedule a public hearing before the S . W . D . D . Board and notify the Collector of the time , place and date of the hearing ; at which all interested parties shall be heard . The Board shall consider all matters presented at the public hearing and shall make a determination of the matter by affirmative vote of the majority of the quorum present at the hearing . The Board will determine what remedial actions are necessary to protect the interests of the public , which may include termination , modification , or placement of further limitations on , the franchise . The Collector may seek review of the decision of the S . W . D . D . Board by filing a petition for a Writ of Certiorari in the Circuit Court of the 19th Judicial Circuit of Florida . - 34 - HSFRANCH . DOC ARTICLE VIII GENERALF FINANCIAL AND INSURANCE REQUIREMENTS Section 23 . PERMITS AND LICENSES The Collector shall obtain , at its own expense , all permits and licenses required by law or ordinance in the performance of this Franchise and Contract , and maintain same in full force and effect at all times . Section 24 . TITLE TO WASTE The S . W . D . Do reserves the right at all times to hold title and ownership to all solid waste or recyclable materials . All recyclable materials are to be processed through the S . W . D . De for marketing or disposal , or through recycling facilities approved in writing by the S . W . D . D . Collector shall forward all revenues generated and subsequently received by Collector through the sale of recyclable materials to the S . W . D . Do by the 15 day of each month covering the month previous . This section does not apply to recyclable materials collected through contractual service for residential recycling service within the City of Vero Beach unless , at some time in the future , the S . W . D . D * assumes responsibility for residential recycling service within the City of Vero Beach through interlocal agreement . With the exception of Hazardous Wastes , Biohazardous / Biomedical Wastes , and Biological Wastes ( which shall be disposed of in accordance with State and Federal law , rule and regulation ) the Collector shall dispose of all solid waste collected from within the County and the municipalities therein at the Indian River County Landfill , or by other means of disposal approved by the S . W . D . D . The Collector shall not dispose of any solid waste at the S . W . D . D . ' s five ( 5 ) Recycling and Collection Centers unless otherwise approved by the S . W . D . D . The Collector shall be subject to all applicable fees for the use of the Indian River County Landfill . All solid waste brought into the landfill shall be separated in accordance with - 35 - HSFRANCH . DOC existing landfill operations and State laws and regulations , and deposited in the specified disposal sites within the Landfill . Section 25 , FRANCHISE FEESv BILLING FEES A Franchise Fee in the amount of 6 % of gross revenues collected pursuant to the Franchise provided herein shall be paid to the County by the Collector quarterly , for all services billed by the Collector . The S . W . D . D . may require an annual certified audit , to be completed at the expense of Collector , by October 1 of each year to verify compliance with this section . The S . W . D . D . or its contracted agent shall be responsible for collection and payment of any applicable franchise fees on residential recycling services provided under contract herein . Section 26 , SUBCONTRACTORS . ASSIGNMENT AND CHANGE OF CONTROL : Subcontractors or subcontracted collectors will not be permitted under the terms of this Franchise and / or Contract . Collector shall make no assignment of its rights or obligations under this Franchise and / or Contract without first obtaining the written consent of the S . W . D . D . In the event Collector is a corporation , partnership or other legal entity , there shall be no change in the direct or indirect legal or factual control of such entity without first obtaining the written consent of the S . W . D . D . A change of legal control includes , but is not limited to , a transfer of the ownership of over 20 % of the Collector or any person or entity owning a 20 % or greater interest , direct or indirect , in the Collector . Section 27 , INSURANCE REQUIREMENTS 27 . 1 - Collector and Subcontractor : During the life of this Franchise and / or Contract , the Collector shall procure and maintain insurance of the types and to the limits specified below , and provide the County at all times with current certificates of insurance as evidence thereof . The County shall be included as an additionally insured on this insurance with respect to all claims arising out of the operations or - 36 - HSFRANCH . DOC work to be performed . Cancellation or modification of said insurance shall not be effected without thirty ( 30 ) days prior written notice to County . The Collector shall require each of its subcontractors that have been authorized by the S . W . D . D . to procure and maintain , until completion of that subcontractor ' s services , insurance of the types and to the limits specified below , unless the subcontractor ' s work is covered by the protection afforded by the Collector ' s insurance . It shall be the responsibility of the Collector to ensure that all of its subcontractors comply with all of the insurance requirements contained herein relating to such subcontractors . 27 . 2 - Workers ' Compensation : The Collector shall provide and maintain during the life of this Franchise and / or Contract , at its own expense , Workers Compensation Insurance coverage to apply for all employees for statutory limits in compliance with the applicable state and federal laws . In addition , the policy must include employers ' liability insurance with a limit of $ 100 , 000 each accident . 27 . 3 - Commercial General Liability : The Collector shall provide and maintain during the life of the Franchise and / or Contract , at its own expense , Commercial General Liability Insurance . Coverage must be afforded on a form no more restrictive than the latest edition of the Commercial General Liability Policy filed by the Insurance Services Office and must include : Premises and / or operations Independent contractors Products and / or completed operations The contractual coverage must specify that it covers the Hold Harmless Agreement which is part of this Franchise and / or Contract . 27 . 4 - Business Automobile Policv : The Collector shall provide and maintain during the life of the Franchise and / or Contract , at its own expense , Comprehensive Automobile Liability Insurance . Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto - 37 - HSFRANCH . DOC Policy filed by the Insurance Services Office and must include : Minimum limits of $ 500 , 000 per occurrence combined single limit for bodily injury liability and property damage liability : Owned vehicles Hired and non - owned vehicles Employer ' s non- ownership The contractual coverage must specify that it covers the Hold Harmless Agreement which is part of this Franchise and / or Contract . 27 . 5 - Umbrella Liability : $ 5 , 000 , 000 for commercial refuse , landclearing debris and construction and demolition debris ; and $ 1 , 000 , 000 for bulk yard trash and garden trash collection with a hold harmless provision to protect the County from any claims arising as a result of services . 27 . 6 - Certificate of Insurance : Certificates of all insurance required from the Collector shall be filed with the County and S . W . D . D . and shall be subject to the County ' s approval for adequacy and protection . Certificates from the insurance carrier stating the types of coverage provided , limits of liability , and expiration dates , shall be filed in triplicate with the County and S . W . D . Do as an attachment to this Franchise and Contract , and before operations are commenced . The required certificates of insurance shall not only name the types of policies provided , but shall also refer specifically to this Franchise and Contract , and this section and the above paragraphs , in accordance with which such insurance is being furnished , and shall state that such insurance is as required by such paragraphs of this Franchise and Contract . If the initial insurance expires prior to the completion of the work , renewal certificates shall be furnished , within ten ( 10 ) days prior to expiration , and shall state that such insurance is as required by such paragraphs of this Franchise and Contract . Section 28 . COMPLIANCE WITH LAWS AND REGULATIONS The Collector shall at all times during the life of this - 38 - HSFRANCH . DOC franchise and / or contract be subject to all lawful exercise of the police power and regulatory authority of County and S . W . D . D . , and subject to such regulations as the County and S . W . D . D . may hereafter provide by ordinance or resolution . The Collector hereby agrees to comply with all applicable Federal , State and Local laws and regulations . It is understood that the County and S . W . D . Da currently have ordinances and resolutions for effecting a solid waste management program . It is the responsibility of the Collector to become familiar with such ordinances and resolutions . It is understood that , if any provisions of said ordinances or resolutions are in conflict with the conditions of this Franchise and / or Contract , the ordinances shall be the governing factor for performance of this Franchise and / or Contract . Section 29 . INDEMNITY The Collector shall defend , indemnify , save harmless , and exempt the S . W . D . D . and County , its officers , agents , servants , and employees from and against any and all suits , actions , legal proceedings , claims , demands , damages , costs , expense , and attorneys fees resulting from injury to persons or damage to property arising out of or resulting from this Franchise or Contract , or from work done by the Collector in the performance of this Franchise or Contract , except to the extent caused by the negligence or breach of this Franchise or Contract by the S . W . D . D . or County . In connection with any legal proceedings arising hereunder , the County and the S . W . D . D . reserves the right to retain counsel of its choice at its own expense , or , in the alternative , approve counsel obtained by the Collector . Section 30 . BOOKS RECORDS AND REPORTS 30 . 1 - The S . W . D . D . shall have the right to review all non - confidential records maintained by the Collector which pertain to this Franchise and Contract on three ( 3 ) days ' written notice . - 39 - HSFRANCH . DOC 30 . 2 - Collector shall , on a quarterly basis , provide reports on waste stream collection . The reports shall be due by the 15th day of each month following the end of each quarter . The reports shall include a waste stream analysis with the following minimum information : 1 . Commercial / Multifamily a . Identify and provide the owner name and service address of all commercial and multifamily customers . b . Identify the size and type of container for all commercial and multifamily customers . C . Provide the total number of container pickups for all commercial and multifamily customers for the reporting period . 2 . Single Family Residential a . Collector is to divide the residential collection service area and the residential recycling service area into sectors and provide the total number of single family residential services within each sector . A map illustrating and identifying the sectors shall be included . b . Collector is to provide the total tonnage of solid waste and recyclables collected for each quarter within each sector of the service areas . Section 31 , NOTICES A letter addressed and sent by United States mail to either party at its business address shown herein shall be sufficient notice whenever required for any purpose under this Franchise and / or Contract . Section 32 , ILLEGAL PROVISIONS If any provisions of this Franchise and / or Contract should be declared illegal , void , or unenforceable , the other provisions shall not be affected but shall remain in full force and effect . - 40 - HSFRANCH . DOC Section 33 . REVIEW OF BOUNDARIES OF FRANCHISE If determined necessary by the S . W . D . D . , within one year from the date of this Franchise and Contract , the S . W . D . D . shall review , calculate and revise the boundaries of the exclusive residential collection service area and residential recycling service area ( based on the previous year ' s billing and service area and , also , in the event of any dramatic and inequitable growth in any part of the County , as verified by the S . W . D . D . ) , and shall make adjustments so that there is an equitable boundary for each franchisee / contractee . Any revised residential service areas shall be contiguous parcels and revision shall be made so as to minimize disruption and / or changes in service to existing customers . Any revision to the residential service areas shall be subject to the approval the Board under the same procedures for rate increases as provided under section 17 . 4 . Section 34 . Other Franchisees The Board may add other collectors or award additional franchises if after public hearing the Board determines that it is necessary or in the best interest of the public . Section 35 . EXECUTION If any word , section , clause or part of this resolution is held invalid , such portion shall be deemed a separate and independent part and the same shall not invalidate the remainder . IN WITNESS WHEREOF , the Board of Commissioners of the Solid Waste Disposal District of Indian River County has caused the Franchise and Contract to be executed in the name of the Solid Waste Disposal District by the Chairman of the Solid Waste Disposal District , and its seal to be affixed and attested by the Clerk of the Circuit Court , all pursuant to the resolution of the Board of Commissioners of the Solid Waste Disposal District adopted as of the day and year below first written . - 41 - HSFRANCH . DOC The foregoing resolution was advertised in the Vero Beach Press Journal on the 18 day of February 1992 , for a public hearing to be held on the 3 day of March , 1992 , at which time it was offered by Commissioner Wheeler who moved its adoption . The motion was seconded by Commissioner. Eggert and , upon being put to a vote , the vote was as follows : Chairman Don C . Scurlock , Jr . Aye Vice -Chairman Gary C . Wheeler Aye Commissioner Richard N . Bird Aye Commissioner Margaret C . Bowman Aye Commissioner Carolyn K . Eggert Aye The Chairman thereupon declared the resolution duly passed and adopted this 3 day of March 1992 " r x BOARD OF COMMISSIONERS SOLID WASTE DISPOSAL DISTRIC =4. � By G R Don C . Scurlock , Jr . , - 1 4Chairman ' R , ATTEST , Y JefW�e_ - , B b -1 Approved as to form Approved or Dist ri Maters : and legal (sufficiency : Charles P . Vitunac Terra a Pi to , i ector County Attorney Solid Waste Disposal District ACKNOWLEDGEMENT OF FRANCHISE �j The foregoing Resolution is acceptable to and r ?p �, c SANiT� wren / r agrees to abide by all terms and conditions contained therein , when and if adopted by the Board of Commissioners of the Solid Waste Disposal District of Indian River County . Indian Rive Co. 9AM�ed Oate ��A21c' I f � t✓ a `� l« V Coll ctor - - - - - - - - - - - - - ,* : Admin. N B J/ SUciget — may' 9 1 or IfJ L� tIi1tIGL / f � _ I(2 � dd All w k , . 4. Yh T EXHIBIT A SPECIAL WASTE Any waste meeting the description which follows is a " Special Waste " : a . Chemical waste from a laboratory . ( This is limited to discarded containers of laboratory chemicals , lab equipment , lab clothing , debris from lab spills or cleanup and floor sweepings . ) b . Articles , equipment and clothing containing or contaminated with polychlorinated biphenyls ( PCBs ) . ( Examples would be : PCB capacitors or transformers , gloves , or aprons from draining operations , empty drums that formerly held PCBs , etc . c . PCB drainings and flushings removed from PCB articles and placed directly into transport containers . d . " Empty " containers of waste commercial products or chemicals . ( This applies to a portable container which has been emptied , but which may hold residuals of the product or chemical . Examples of containers are : portable tanks , drums , barrels , cans , bags , liners , etc . A container shall be determined RCRA " empty " according to the criteria specified at 40 C . F . R . s261 . 7 ) . e . Asbestos containing waste from building demolition or cleaning . ( This applies to asbestos -bearing waste insulation materials , such as wall board , wall spray coverings , pipe insulation , etc . f . Commercial products or chemicals : Off - specification , outdated , contaminated or banned . ( This also includes products voluntarily removed from the market place by a manufacturer or distributor , in response to allegations of adverse health effects associated with product use . ) g . Residue and debris from cleanup spills or releases of a single chemical substance or commercial product or a single waste which would otherwise qualify as a miscellaneous special waste . h . Animal waste and parts from slaughterhouses or rendering plants . i . Waste produced by the mechanical processing of fruit , vegetables or grain . ( This includes such wastes as rinds , hulls , husks , pods , shells , and chaff ) . j . Pumpings from septic tanks used exclusively by dwelling units . ( Single family homes , duplexes , apartment buildings , hotels or motels ) . k . Sludge from a publicly owned sewage treatment plant serving primarily domestic users . 1 . Grease trap wastes from residences , restaurants , cafeterias not located at industrial facilities . m . Washwater wastes from commercial car washes . n . Washwater wastes from commercial laundries or laundromats . o . Chemical - containing equipment removed from service . ( Examples : Cathode ray tubes , batteries , fluorescent light tubes , etc . ) - 43 - HSFRANCH . DOC P , Waste produced from the demolition or dismantling of industrial process equipment or facilities contaminated with chemicals from the process . q . Closed cartridge filters from dry cleaning establishments . ( Such filters being used to filter used dry-cleaning fluids or solids . ) r . Containerized Waste . To include , but not be limited to , a drum , barrel , portable tank , box or pail . s . Waste transported in a bulk tanker . t . Liquid Waste . For purposes of this paragraph , liquid waste means any waste material that is determined to be or contain " free liquid " by the paint filter test ( EPA Method 9095 ) ; u . Sludge Waste . v . Waste from an industrial process . Waste which requires special handling . w . Waste from a pollution control process . x . Residue or debris from the cleanup of a spill or release of chemical substances , commercial products or wastes listed in paragraph ( s ) through ( x ) of this definition . y . Soil , Water , Residue , or Debris which are contaminated from the cleanup of a site or facility formerly used for the generation , storage , treatment , recycling , reclamation , or disposal of wastes listed in paragraphs ( s ) through ( y ) of this definition . z . Residential Wastes . Only if a rule issued pursuant to Chapter 403 , Florida Statutes as amended by Chapter 88 - 130 , Laws of Florida , or a change in law , statute , regulation , rule , code , ordinance , permit , or permit condition occurs after the Effective Date of this Agreement , requiring material additional management that differs from the requirements applicable on the Effective Date of this Agreement . aa . Waste Tires . bb . Waste Oil and Fuels . - 44 - HSFRANCH . 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