Article I. General Provisions  

§ 17-1. Definitions.
Effective on Tuesday, February 20, 2018

For the purpose of this ordinance, the following terms, phrases, words and their derivation shall have the meaning given herein.  When not inconsistent with the context, words used in the present tense include the future, words in the plural number include singular number, and words in the singular number include the plural number. The word “shall” is mandatory and not merely directory.

Ashes shall mean the residue resulting from the burning of wood, coal, coke or other combustible material which has no live embers.

Actual Service shall mean payment due to Contractor shall be based on the pro-rated number of City active residential solid waste customers. “Actual Service” will be linked to the status of utility service at the residence; i.e. utility service on “vacation status” or disconnected for any reason are not considered to be ‘active”. Solid waste collection service will not be considered to have been rendered while the utility account is not on active status.

Agreement shall mean the terms and provision of Ordinance 2011-09 which grants the franchise for provision of solid waste collection, recycling and disposal services within the City of Lake Wales.

Bag shall mean a container which is a plastic sack designed to store garbage and trash with sufficient wall strength to maintain physical integrity when lifted by the top; the total weight of a bag and its contents shall not exceed thirty-two (32) pounds.

Bundle shall mean a number of items tied, wrapped or otherwise held together in a compact manner or which can be reasonably stacked; if diameter of items bundled is less than six (6) inches, then length of items shall be no greater than four (4) feet; if diameter of items is six (6) inches or greater, than length of items shall be no greater than two (2) feet; the total weight of the bundle shall not exceed fifty (50) pounds.

Can shall mean a container which has a maximum capacity of thirty-five (35) gallons and a maximum weight when full of fifty (50) pounds; for the purpose of this article, a can shall be constructed of a non-absorbent material, shall be provided with a closely fitting cover and side bail handles and shall have a diameter at the mouth which is greater than or equal to that of the base.

City shall mean the City of Lake Wales.

City manager shall mean the City Manager of Lake Wales or his designee.

Commercial units shall mean office buildings, stores, filling stations, lodges, motels, laundries, hotels, all public buildings, malls and shopping centers, food service establishments, lodging establishments, service establishments, light industry, schools, churches, clubs, hospitals, nursing homes, and, for the purpose of this chapter, shall include industrial establishments and any establishment not included in the definition of residential unit.

Complaint shall mean an expression of customer dissatisfaction with the quality of service provided by the Contractor.

Container shall mean a receptacle which is approved by the city for the accumulation of garbage and trash.

Contractor shall mean Republic Services of Florida, L.P.

Curbside shall mean that portion of the street right-of-way paralleling any public thoroughfare between the curb line or paving line and the abutting property line.

Dumpster shall mean a container which is emptied by mechanical means.

Franchise fee shall mean the amount of money paid by the Contractor to the City for granting of the franchise.

Garbage shall mean all putrescible animal or vegetative wastes resulting from the handling, preparation, cooking and consumption of food in any private dwelling house, multiple dwelling, hotel, restaurant, building or other institution.

Monitoring shall mean the provision of oversight by the City Manager or his designee to ensure that the quality of service performed pursuant to this agreement shall be in accordance with conditions imposed herein.

Multifamily dwelling units shall mean any building containing four (4) or more permanent living units; multifamily dwelling units shall not include motels or hotels.

Performance bond shall mean the form of security approved by the City and furnished by the Contractor, as a guarantee that the Contractor will execute the work in accordance with the terms of the agreement and will pay all lawful claims.

Person shall mean any individual, firm, association, corporation, trust, or any other legal entity having sufficient proprietary interest in a premise.

Public works director shall mean the Public Works Director of the City of Lake Wales or his designee.

Recycling shall mean any process by which solid waste, or materials that would otherwise become solid waste, are collected, separated, or processed and reused or returned to use in the form of raw materials or products.

Refuse shall mean garbage, trash and yard waste.

Surety shall mean the party who is bound with and for the Contractor to insure the payment of all lawful debts pertaining to and for the acceptable performance of the contract.

Trash or rubbish shall mean all printed matter, paper, pasteboard, rags, straw, used and discarded clothing, used and discarded shoes and boots, combustible waste pulp and other products such as are used for packing or wrapping crockery and glass, ashes, cinders, floor sweepings, glass, mineral, or metallic substances, and any and all other waste materials not included in bulk waste, building waste or construction debris, garbage, hazardous waste, industrial waste, infectious waste or yard waste.

Tote shall mean thirty-five (35), sixty-five (65), or ninety-five (95) gallon container provided by the city's contractor and used for automated collection service.

Waste shall mean a useless, superfluous or discarded material.

Waste, building or construction debris shall mean the refuse, debris or residue resulting directly from the building, remodeling, construction, repair, or demolition of a building.

Waste, bulk shall mean discarded household furniture, appliances, stoves, washing machines and similar items.

Waste, bulk yard shall mean large cuttings  of vegetative  and wood matter  which are part of normal yard maintenance which cannot be cut  for  placement  in a container  or  bundle due to the fact that the material exceeds the weight and size restrictions for regular yard waste; bulk yard waste shall be of a type readily handled by the collector and shall not  exceed four (4) feet in length or fifty (50) pounds in weight. Bulk yard waste does not include any form of matter or debris resulting from tree removal, land clearing, land development, building demolition or home improvement.

Waste, hazardous shall mean cleaning fluids, crank case oils, cutting oils, paints, plastics, explosives, acids, caustics, poisons, drugs, radioactive materials, fine powdery earth used to filter cleaning fluid, and similar wastes.

Waste, industrial shall mean accumulations of metal, metal products, minerals, chemicals, rock, cement, asphalt, tar, oil, grease, glass, crockery, rubber, timbers, bottles, cans, lumber, sawdust, waste from animal packing or slaughterhouses, or other materials resulting directly from industrial or manufacturing operations.

Waste, infectious shall mean those wastes which may cause disease or reasonably be suspected of harboring pathogenic organisms; included are wastes resulting from the. operation of medical clinics, hospitals and other facilities producing wastes which may consist of, but are not limited to, diseased human and animal parts, contaminated bandages, pathological specimens, hypodermic needles, contaminated clothing and surgical   gloves.

Waste, solid shall mean any waste that includes the specific terms: garbage, trash, yard waste, bulk waste, and bulk yard waste.

Waste, special shall mean any waste that requires special handling due to regulatory requirement or physical properties and includes the specific terms: hazardous waste, industrial waste, infectious waste, and building waste/construction debris.

Waste, yard shall mean all accumulations of leaves, grass or shrubbery cuttings and other refuse attendant to the care of lawns, gardens, shrubbery, vines, trees and tree limbs. Yard waste shall be placed in containers or bundled. Such term does not include those items defined under bulk yard waste.

For the purposes of administration and enforcement of this chapter, unless otherwise stated in this chapter, the following rules of construction shall apply:

The word "shall"; is always mandatory and not discretionary; the word "may" permissive.

The words "he, his" and other words denoting the masculine gender shall extend and be applied to females and to firms, partnerships and corporations as well as to males.

Words used in the present tense shall include the future, and words used in the singular number shall include the plural and plural the singular, unless the context clearly indicates the contrary.

Unless the context clearly indicates the contrary, where a regulation involves two (2) or more items, conditions, provisions,  or events connected by the conjunction and," "or" or "either...or," the conjunction  shall  be interpreted as follows:

(1) And indicates that all the connected terms, conditions, provisions or events shall apply.

(2) Or indicates that the connected items, conditions, provisions or events may apply singly or in any combination.

(3) Either…Or indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.

(4) The word includes shall not limit a term to the specific example but is intended to extend its meaning to all other instances or circumstances of like kind or character.

(Ord. No. 2018-02, § 1, 02-20-2018)

§ 17-2. Term of Agreement.
Effective on Tuesday, February 20, 2018
A. Term
The term of this agreement shall be for period commencing October 1, 1018 and extending through September 30, 2021, unless breached at an earlier date.
B. Extension of this agreement
This agreement may be extended for one (1) additional three (3) year term if Contractor notifies the City in writing of its intention to renew no later than January 31 in the last year of the first extension of the Contract. Either the City of the Contractor may request modifications to the agreement if such an extension is requested.
C. Commencement of work by contractor
The Contractor must commence work on the date and year specified in paragraph A. Failure to commence work on the specified date will result in forfeiture of the $500,000 performance bond.


(Ord. No. 2018-02, § 1, 02-20-2018)

§ 17-3. Contractor as Independent Contractor.
Effective on Tuesday, February 20, 2018

It is expressly agreed and understood that the Contractor is in all respects an Independent Contractor as to the work, notwithstanding that in certain respects the Contractor is bound to follow the direction of designated City Officials, and that the Contractor is in no respect an agent, servant, or employee of the City. The agreement specifies the work to be done by the Contractor, but the method to be employed to accomplish this work shall be the responsibility of the Contractor, unless otherwise provided in the contract.

(Ord. No. 2018-02, § 1, 02-20-2018)

§ 17-4. Subletting of Work Specified in Agreement.
Effective on Tuesday, February 20, 2018

The agreement or any portion thereof shall not be sublet except with the prior written consent of the City Commission which may be withheld for any reason or for no reason. No such consent will be construed as making the City a party of or to such subcontract, or subjecting the City to liability of any kind to any subcontractor. No subcontract shall, under any circumstances, relieve the Contractor of his liability and obligation under this agreement, and despite any such subletting, the City shall deal through the Contractor. Subcontractors will be dealt with as workmen and representatives of the general contractor, and as such will be subject to the same requirements as to character and competence as are other employees of the Contractor.

(Ord. No. 2018-02, § 1, 02-20-2018)

§ 17-5. Exclusive Rights.
Effective on Tuesday, February 20, 2018

The City grants to the Contractor the exclusive right and obligation to provide solid waste collection services within the City of Lake Wales with the following exception: contractors engaged in building or remodeling operations shall be permitted to remove the waste accumulated as a result of their operations with their own equipment and labor, but not by using the services of another solid waste contractor. The City of Lake Wales reserves the right to collect refuse relating to street maintenance, lot clearing and other activities relating to city functions.

(Ord. No. 2018-02, § 1, 02-20-2018)

§ 17-6. Exclusions.
Effective on Tuesday, February 20, 2018

No residential units or institutional, commercial or industrial establishment within the municipal limits shall be excluded from the provisions of this contract. Notwithstanding anything to the contrary contained herein, Contractor shall not be obligated to collect waste, in any amount, which is defined, characterized, or designated as hazardous or infectious by the United States Environmental Protection Agency or appropriate State agency pursuant to Federal or State law, or waste, in any amount, which is regulated under Federal or State Law (collectively, “Excluded Waste”).

(Ord. No. 2018-02, § 1, 02-20-2018)

§ 17-7. Effect of City Ordinances on Performance.
Effective on Tuesday, February 20, 2018

Nothing contained in any ordinance of the City now in effect, or hereafter adopted, pertaining to the collection of garbage and trash shall in any way be construed to affect, change or modify or otherwise alter the duties, responsibilities and operation of the Contractor in the performance of the terms of this agreement except as said ordinances are adopted to comply with county, state or federal regulations. It is the intention hereof that the Contractor be required to perform strictly the terms of this agreement, in compliance with all Polk County, State of Florida and Federal regulations pertaining to the collection and disposal of solid waste.

(Ord. No. 2018-02, § 1, 02-20-2018)

§ 17-8. City Not Liable For Delays.
Effective on Tuesday, February 20, 2018

It is expressly agreed that in no event shall the City be liable or responsible to the Contractor or to any other person on account of any stoppage or delay in the work provided for herein, by injunction or other legal or equitable proceedings brought against the Contractor, or from or by or on account of any delay from any cause over which the City has no control.

(Ord. No. 2018-02, § 1, 02-20-2018)

§ 17-9. City Held Harmless.
Effective on Tuesday, February 20, 2018

The Contractor shall hold the City harmless from injuries, damages and certain other acts of the Contractor. The Contractor and his surety hereby expressly bind themselves to indemnify and save the City harmless from all suits or actions of every name and description brought against said City for or on account of any injuries or damages received or sustained by any party or parties from the acts, omissions or negligence of, said Contractor, or his servants or agents, including subcontractors engaged in doing work herein contracted for or by, or in consequence of any negligence in guarding against same, or in any improper materials or equipment used in its performance, or by or on account of any act or omission of the said Contractor, or on account of any claims or amounts recovered by infringement of patent, trademark, or copyright, or from any claims or amounts arising or recovered under the Workmen’s Compensation Laws.

If there is any money due to the Contractor, as much of the money due to the said Contractor as the City Manager shall deem necessary to protect the City, may be retained by the City until such suit, or suits, actions or actions, claim or claims, injuries, damages as aforesaid, shall have been settled and suitable evidence to that effect has been furnished to the City Manager.

(Ord. No. 2018-02, § 1, 02-20-2018)

§ 17-10. Cancellation or Annulment of Agreement.
Effective on Tuesday, February 20, 2018

The Contractor and the City recognize that it is of paramount importance that the agreement is performed and the individual customers receive service. If the Contractor fails to begin work at the time specified, or fails to perform the work with sufficient number of workmen and sufficient and adequate equipment to ensure the proper and substantial performance of said refuse collection work, or performs the work unsuitably, or discontinues the prosecution of the work or any portion thereof, or for any other cause whatsoever, excepting only acts of God, does not carry on the work as aforesaid, or if the Contractor becomes insolvent or declares bankruptcy or commits any act of bankruptcy or insolvency, or allows any final judgement for the payment of money to stand against him unsatisfied, and if the City through its City Manager gives notice of such default, and the Contractor or his surety fails to cure such default within seven (7) days after giving such notice by the City, then the City may thereupon, by action of the City Commission, declare the agreement cancelled.

Upon declaration of cancellation, the City may, at no cost to the City or compensation to the Contractor, take over the work and/or the City may enter into agreements with others for the performance of the work and services herein contracted for.

Such cancellation of the agreement shall not relieve the Contractor or the surety of the liability for failure to faithfully perform this agreement, and in case the expense incurred by the city in performing or causing to be performed the work and services provided for in the agreement, then the Contractor (and surety to the extent of its obligation) shall be liable to the City for said amount. Contractor’s surety or security will not be released until such time as the term of this agreement would otherwise have expired.

(Ord. No. 2018-02, § 1, 02-20-2018)

§ 17-11. Operation During Dispute.
Effective on Tuesday, February 20, 2018

Except where the City has failed to pay the Contractor, and has not cured such failure after sixty (60) days’ written notice, in the event the City has not cancelled the agreement in accordance with the terms provided in Section 17-10, and there remains a dispute between the Contractor and the City, the contractor agrees to continue to operate and perform under the terms of this agreement while said dispute is pending, and agrees that in the event a suit is filed for injunction or other relief to continue to operate the system until the final adjudication of the court.

(Ord. No. 2018-02, § 1, 02-20-2018)

§ 17-12 – 17-19. RESERVED
Effective on Tuesday, February 20, 2018

(Ord. No. 2018-02, § 1, 02-20-2018)