Article III. Contractor services & obligations.  


§ 3-1. Scope of Service.
Effective on Tuesday, February 20, 2018

It is the intent of this agreement to provide for the total collection of all refuse in the City of Lake Wales, Florida, with the exception of exclusions which are specifically listed herein. Scope of service to be performed by the Contractor shall be defined as follows:

A. Residential service (Single, Duplex, Multi-Family Dwelling Units and Mobile Homes all of which receive automated or semi-automated collection services).

1. GARBAGE AND TRASH

(a) FREQUENCY: The Contractor shall collect garbage and containerized trash from places of residence by automated or semi-automated service as necessary to collect the solid waste in totes one (1) time per week.-If • Contractor is notified by 2:00 pm, a missed pick-up will be removed on the same day. In any case, Contractor guarantees missed pick-ups will be removed within twenty four (24) hours. Contractor will provide, maintain and replace 95, 65 and 35 gallon totes as necessary for the residents. Additional totes may be purchased by  residents for solid waste or recycling at the following rates: $60.00/per tote fee and $40.00/delivery fee.  The residents will contact the City and the City will notify Republic via an email. The Contractor will own the totes. The Contractor shall remove bulk items, such as household furniture and appliances, within 24 hours from receipt of request, unless the request is submitted on Friday, in which case the response will occur on the following collection.

Starting time for collection shall not occur before 6:00 a.m. on any day nor continue after 8:00 p.m. unless prior authorization has been obtained from the City Manager or his designee.

(b) QUANTITY: The Contractor shall be required to pick up all garbage and trash generated by a residential unit, except when the total pickup exceeds two (2) cubic yards.

(c) LOCATION: Complete garbage and trash collection service is hereby provided for in this agreement. Garbage, trash and bulk waste, such as household furniture and appliances shall be placed at the curbside or beside service alley, if available. Back-door pickup of garbage and trash is available for residents with medical or physical conditions.

(d) METHOD: The Contractor shall make collections with a minimum of noise and disturbance to the householder. Totes shall be handled carefully by the Contractor and shall be thoroughly emptied and left where they are found. This work shall be done in a sanitary manner. Any garbage or trash spilled by the collector shall be picked up immediately by the Contractor's employees.

2. YARD WASTE

(a) FREQUENCY: The Contractor shall collect yard waste from places of residence one (1) time per week. If for some reason the pile cannot be picked up, the yard waste will be tagged by Contractor notifying the resident to contact Contractor. Contractor will coordinate with Code Enforcement to resolve the issue.

(b) QUANTITY: The Contractor shall be required to pickup yard waste generated by a residential unit. The Contractor shall inform the owners of residential units that items such as tree limbs, tree trunks, palm fronds, etc., shall be cut in lengths no greater than four (4) feet long if the item's diameter is less than six (6) inches; and shall be cut in lengths no greater than two (2) feet long if the item's diameter is six (6) inches or greater. Grass cuttings, weeds, leaves, and other yard material must be placed in containers, bags, or bundles. No single item shall exceed fifty (50) pounds in weight. Contractor will collect unlimited amount of routine yard trimmings. Professional tree service companies are responsible for disposing of the resident's debris. In instances of conflict relating to unusual and infrequent noncompliance with yard waste disposal requirements, the City Manager will determine whether or not the quality of the work and the fee charged is satisfactory, which determination shall be final, conclusive and binding upon both the City and the Contractor,

(d) LOCATION: Yard waste shall be collected from the front of the premises near the street (curbside) or from service City-approved alleys at the rear of the property, where available. On streets where no parkways or lawn areas near the street are available for placement of yard waste, the owner or occupant shall place yard waste adjacent to the driveway, but not further than ten (10) feet from the street nor in the street,

(e) METHOD: The Contractor shall make collections with as little disturbance as possible. This work shall be done in a sanitary manner, and any refuse spilled by the collector shall be picked up immediately by the Contractor's employees.

(f) TWO ANNUAL CLEAN-UPS — The Contractor will provide two annual "clean-ups" each year, once in the Spring and once in the Fall, when all residential waste, without limit as to size, deposited on the curbside shall be collected, except for debris or waste products generated by land clearing, building construction or alteration, and waste or materials that may not be disposed at the Polk County Landfill.

(g) ANNUAL CLEAN-UPS — In addition to the two city wide annual clean-ups, the Contractor will work with the City when certain areas need to be cleaned up. Dumpsters will be provided at no charge at the discretion of the City Manager or his/her designee.

3. RECYCLING

(a) RECYCLING ITEMS: 

a. Aluminum, steel, and tin cans

b. Recyclable plastics — bottles and jugs

c. Clear glass — bottles and jugs

a. Newspapers

b. Office papers

c. Magazines, phonebooks

d. Items not allowed light bulbs, paint cans, windows, or dishes, shoeboxes

e. Cardboard - laid on the ground by the 18-gallon recycling bins for collection. If and when the City changes to 65-gallon totes, all cardboard is required to be cut down and placed inside the 65-gallon tote.  When the 65-gallon totes are in use, Contractor has no obligation to collect cardboard not placed inside the tote.

(b) FREQUENCY: The Contractor shall collect recycling from places of residence one (1) time per week on a regular scheduled collection day.

(c) METHOD: The Contractor shall make collections with as little disturbance as possible. This work shall be done in a sanitary manner, and any refuse spilled by the collector shall be picked up immediately by the Contractor's employees.

(d) RECYCLING CHARGES – 18-gallon bins: The contractor, at no cost to the customer or the City, will provide recycling bins for the residential customers. Additional recycling containers will be provided upon request at no additional charge. The City will select the size, color, and logo that will be used on the recycling bins.

(e) RECYCLING CHARGES - 65/gallon totes:  The Contractor shall supply and ensure distribution of one (1) 65/gallon recycling tote to each resident in the City of Lakes Wales after September 30, 2018, at the Contractor’s expense.  The distribution of the 65/gallon totes will be a date mutually agreed upon by the Contractor and the City. The title to these Recycling totes shall remain with the Contractor.  The Contractor will supply and replace at its expense any Recycling Container damaged through the fault or negligence of the Contract or its employees.  The Contract may charge a tote replacement fee of Sixty Dollars ($60.00) and a container delivery fee of Forty Dollars ($40.00) for replacement of any Recycling tote other than those damaged by the negligence of the Contractor or its employees.  The Contractor shall replace Recycling totes within five (5) business days of request by the resident or the City.

(f) RECYCLING INCENTIVE: The Contractor will provide an annual rebate payment to the City for increasing the recycling tonnage. The Contractor will pay a rebate of $37.95 per ton on the annual average tonnage increase year-over year. For example if the City's average tonnage increased 10 tons in 2018 over 2019's tonnage, the City would receive a $3,000 recycling rebate (10 tons x 12 months x $25 per ton = $4,554).(g) COMMERCIAL RECYCLING — The City's commercial customers will be offered commercial recycling services. Each commercial customer's recycling needs are unique. As available, the recycling service will be tailored to meet each customer's needs.

(g) COMMERCIAL RECYCLING — The City's commercial customers will be offered commercial recycling services. Each commercial customer's recycling needs are unique. As available, the recycling service will be tailored to meet each customer's needs.

B. Service to multiple family units and mobile home parks, Multi-family dwelling units and mobile home parks may use the following containers for accumulation of garbage and trash:

1. Automated or semi-automated tote services as per RESIDENTIAL SERVICES.

2. Dumpsters emptied by mechanical means. See COMMERCIAL SERVICE for scope of service.

3. Recycling services will be provided in front-end containers.

C. Commercial service (office buildings, stores, filling stations, lodges, motels, laundries, hotels, all public buildings, mall and shopping centers, food service, lodging establishments, service establishments, light industry, schools, churches, clubs, hospitals and nursing homes, industrial establishments, construction sites and any establishment not included in the definition of residential unit)

1. GARBAGE AND TRASH

(a) FREQUENCY: Garbage and trash shall be collected for customers using cans not less than twice per week and shall be collected at a greater frequency if required to protect the public health. Collection service for customers using containers emptied by mechanical means will be available from one day to six days per week; the frequency of service will be as mutually agreed upon by the customer and the Contractor, and shall be sufficiently frequent to protect the public health from the excessive accumulation of garbage and trash. If garbage and trash is collected more than once per day, the Contractor may charge the customer for the extra collection. Starting time for collection shall not occur before 6:00 a.m. on any day nor continue after 8:00 p.m. unless prior authorization has been obtained from the City Manager or his/her designee.

(b) QUANTITY: All garbage and trash generated at commercial and industrial establishments shall be collected. Where containers emptied by mechanical means are in use, all materials shall be placed in containers for collection. Commercial establishments provided hand pickup collection (cans) must place all refuse in containers for collection.

(c) LOCATION: It is the duty of the owners/operators of such establishments to accumulate refuse in locations mutually agreed upon by the owners/operators and the Contractor, and which are convenient for collection by the Contractor. Where mutual agreement is not reached, the City Manager or his designee shall specify the location.

(d) METHOD: The Contractor shall make collections with as little disturbance as. possible to business and commercial establishments. This work shall be done in a sanitary manner and any refuse spilled by the collector shall be picked up immediately by the Contractor's employees.

(e) CONTAINERS: Commercial and industrial establishments may use any of the following containers for accumulation of refuse:

(1) The Contractor shall collect garbage and containerized trash by automated or semi-automated service as necessary to collect the solid waste in totes two (2) times or four (4) times per week depending on the commercial customer's service subscription.. Contractor will provide, maintain and replace 95 gallon totes as necessary for the customer. Up to one additional tote will be provided when requested by the customer. Each additional Refuse tote will be

$60.00/tote and $40.00/delivery fee.. The Contractor will own the totes.

(2) Dumpsters emptied by mechanical means.

(3) Contractor shall provide plastic commercial dumpsters in certain identified areas which will serve to decrease the noise caused by dumping of metal dumpsters. Locations shall be identified and designated at the request of the City Manager.

2. YARD WASTE

All yard waste generated at commercial and industrial establishments shall be placed in separate containers for collection and shall not be mixed with garbage and trash or other waste. Commercial establishments provided hand pickup collection (cans) must prepare yard waste for collection as set forth herein under paragraph A.2.(b).

See RESIDENTIAL SERVICE - YARD WASTE for scope of services.

D.   Municipal service (Parks, picnic areas, sidewalks, rights-of-way, and other property owned, leased, rented and controlled by the City of Lake Wales)

The Contractor shall empty all refuse containers used by the general public in any of the areas or places named in the above caption. The schedule may be amended during the term of the agreement upon the direction of the City Manager. The City shall have the right to use regular commercial type trash containers or cans with covers. Provision of containers and servicing of these facilities shall be performed at no cost to the City.

The following is a list of City facilities with container sizes and collection frequency. Additional locations may be designated at the sole discretion of the City Manager.

  Facility/Location             Size                 Times/Frequency    
    1    
Lake Wales Cemetery - Mulberry Street
4 2 Weekly
    2    
Lake Wales Public Library - 290 Cypress Gardens Lane
2 1 Weekly
    3    
Ball Park/Barranco - 300 Lakeshore Blvd N
4 and 8 2 Weekly
4
City of Lake Wales - 409 3rd Street N (Kirkland Gym)
2 1 Weekly
5
Lake Wales Waste Water - 830 Henry Street
3 1 Weekly
6
Soccer Complex — Hunt Brother Road
4 1 Weekly
7
Lake Wales Community Center — 315 MLK Blvd
(Walker & Seminole)
3 3 Weekly
8
City Hall — 201 W Central Ave
4 2 Weekly
9
City Hall — 201 W Central Ave
(3) 95 gal
recycle totes  
1 Weekly
10
Kiwanis Park — 1000 Lakeshore Blvd N
2 1 Weekly
11
Lake Wales City Garage - Sessoms & Market
2 1 Weekly
12
Depot Museum - 325 Scenic Highway S
2 2 Weekly
13
Ball Park/Senior League - Springer Drive & Edgewater
8 2 Weekly
14
138 Sessoms Avenue - Yard Waste
20 yards 5 Monthly
15
138 Sessoms Avenue - Roll Off — Tires
10 yards 1 Monthly
16
138 Sessoms Avenue - Roll Off — Mixed Debris
20 yards 2 Weekly
17
City of Lake Wales - Downtown trash receptacles
Florida Refuse empties receptacles (located at Park & Stuart)
22 Cans est. 2 Weekly
18
City of Lake Wales — Park receptacles
City Public Works empties receptacles due to bike path and walkers in area (not safe for a garbage truck in this area)
22 Cans est.
2 Weekly
 
19
138 Sessoms Avenue - Brush
20 yards 5 Monthly

*Charges for additional pulls of roll off units will be $275.00_per pull plus tipping charges for extra disposal.

E. Customer service facilities

The Contractor may have a customer service office located outside the city limits, but the telephone number must be local or toll-free. It shall be equipped with sufficient telephones, shall have a responsible person in charge during collection hours, and shall be open during normal business hours.

F. Scattered refuse

The Contractor shall not be responsible for scattered refuse unless the same has been caused by his acts or those of any of his employees, in which case all such scattered refuse shall be picked up immediately by the Contractor.

G. Title to Refuse

The Contractor shall take title to acceptable refuse, recycling, and yard waste collected under this Agreement when it is placed in a Contractor vehicle.  Title to and liability for Excluded Waste shall at no time pass to Contractor.

(Ord. No. 2018-02, § 1, 02-20-2018)

§ 3-2. Quality of Service.
Effective on Tuesday, February 20, 2018

A. Character of workmen and equipment

The direction and supervision of refuse collection and disposal and salvage operations shall be by competent, qualified and sober personnel, and the Contractor shall devote sufficient personnel, time and attention to the direction of the operation to assure performance satisfactory to the City. All subcontractors, superintendents, foremen and workmen employed by the Contractor shall be careful and competent.

The Contractor shall also provide company uniforms. Any employee of the Contractor who misconducts himself or is incompetent or negligent in the due and proper performance of his duty, or is disorderly, dishonest, drunk or grossly discourteous, shall be discharged upon receipt of a written request of the City Manager by the Contractor such that action can be taken. The City shall specify reasons for the request. The Contractor shall reemploy no such discharged employee during the terms of this agreement without the written consent of the City.

All employees used by the Contractor during the terms of this agreement shall be acceptable to the City in the performance of their duties and of a standing or affiliation that will permit the Contractor's performance herein to be carried on harmoniously and without delay, and in no case, or in any circumstances, will such employees cause any disturbance, interference, or delay to any work or services rendered to the City or by the City. The Contractor shall see to it that his employees serve the public in a courteous, helpful and impartial manner. Contractor's employees collecting garbage will be required to follow the regular walk for pedestrians while on private property. No employee shall meddle with property that does not concern him. Care shall be taken to prevent damage to property, including shrubs, flowers and other plants. After emptying containers, employees shall return them to the same location from which they were taken, standing upright. Anything spilled shall be picked up immediately by such employee.

B. Cooperation of contractor required

The Contractor shall cooperate with authorized representatives of the City in every reasonable way in order to facilitate the progress of the work contemplated under this agreement. He shall have at all times a competent English-speaking representative on the work site authorized to receive orders and to act for him in the case of his absence.

C. Inspection of work

The Contractor shall furnish the City Manager or his designee with every reasonable opportunity for ascertaining whether or not the work as performed is in accordance with the requirements of the agreement. The Contractor shall designate, in writing, the person to serve as agent and liaison between his organization and the City. He may designate himself to so serve. The City Manager may appoint qualified persons to inspect the Contractor's operation and equipment at any reasonable time and the Contractor shall admit members of the City Commission and other authorized representatives of the City to make such inspections at any reasonable time and place.

D. Handling complaints

The Contractor shall perform a service of high quality and keep the number of legitimate complaints to a minimum. The Contractor shall maintain a telephone listing in the name in which he is doing business as a Contractor and provide answering service for those customers needing to contact him between the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, and 8:00 a.m. to 12:00 noon Saturday.

1). In order that the City may be informed of the quality of service, the Contractor agrees to maintain a record of all complaints for inspection by the City. The Contractor agrees to furnish a weekly report of all complaints, listing the name and address of the person complaining, the nature of the complaint, and disposition of such complaint. All complaints whether received in person, by mail or telephone, shall be recorded in triplicate, one (1) copy to go to the City and two (2) copies to be retained by the Contractor. Complaints received before 12:00 noon, shall be serviced before 6:00 p.m. the same day; and complaints after 12:00 noon shall be serviced by 12:00 noon the following day. The Contractor shall notify the City of any unresolved complaints in the weekly report.  For each month in which the number of legitimate complaints reaches more than fifteen, whether for garbage or trash, or any other cause, the City shall be entitled to claim liquidated damages of twenty dollars per complaint in excess of 15 per month. Complaint shall be considered unsatisfactorily resolved unless satisfactory disposition of the claim is furnished. The decision of the City Manager shall be final. The Contractor will provide access and training to allow City staff to track and/or directly enter customer complaints into the Contractor's computer system. This system will also allow staff the ability to track the progress and results of customer complaints.

2). City personnel shall direct first time customer complaints to Contractor's customer service personnel. Instances in which customers have previously contacted the Contractor and satisfactory resolution has not been achieved, or in which customers have been redirected to contact the City causing City personnel to become involved in handling solid waste customer complaint issues, the Contractor shall reimburse the City its personnel service costs associated with City staff members involved. The City Manager or his/her designee will calculate personnel service costs. The City's calculation shall be final, conclusive and binding upon both the City and the Contractor. The 'personnel service cost" reimbursement shall be deducted from the next scheduled payment(s) to the Contractor and a detailed schedule shall be provided to the Contractor. In the event the Contractor does not agree with the cost deduction, the Contractor may appeal to the City Commission within thirty (30) days of the deduction.

E. Customer information

The Contractor shall provide each residential customer with a condensed version, approved by the City, of rules and regulations for refuse collection. Said condensed version shall outline rates and obligations of the customer and Contractor, according to the terms of this agreement.

(Ord. No. 2018-02, § 1, 02-20-2018)

§ 3-3. Disposal of Refuse.
Effective on Tuesday, February 20, 2018

The City suggests that refuse collected by the Contractor be hauled to the disposal facility owned and operated by Polk County. The City will assume no charges made by the County or by any other disposal facility for the Contractor to use such facility.

(Ord. No. 2018-02, § 1, 02-20-2018)

§ 3-4.
Effective on Tuesday, February 20, 2018

A. In general

The Contractor shall abide by the route and schedules. The City reserves the right to deny the Contractor's vehicles access to certain streets, alleys and public ways, inside the City or outside the City enroute to the disposal facilities, where it is in the best interest of the general public to do so due to conditions of streets or bridges. The Contractor shall not interrupt the regular schedule and quality of service because of such street closures. Any and all route and/or schedule changes shall be approved by the City Manager. The Contractor shall furnish written notices of changes in schedules to the customers at least ten (10) days prior to the actual change in routes or schedules. The City Manager's decision regarding a route and/or schedule change may be appealed to the City Commission. The decision of the City Commission shall be final.NOTE: The Contractor's attention is directed to the fact that at various times during the year, the quantity of refuse to be disposed of is materially increased by fluctuations in the amount of yard waste. This additional workload will not be considered as adequate justification for failure of the Contractor to maintain the required collection schedules and routes.

B. Conditions resulting in excessive debris or refuse

In the event excessive amounts of debris or refuse have accumulated by reason of any storm, freeze, natural disaster, severe disturbance, riot or other calamity, the Contractor shall submit a certified estimate to the City Manager of additional payroll costs, equipment and disposal costs to remove and dispose of the excessive debris or refuse. The Contractor shall submit a written estimate for review and approval by the City Manager, prior to performing this additional work.

C. Holidays

When any of the following holidays falls on a regularly scheduled collection day, the Contractor shall provide notice of the schedule change to the City no later than three months proceeding the holiday. The Contractor shall collect all solid waste on the previous day or the following day.

New Year's Day Memorial Day July 4th

Labor Day

Thanksgiving Day

Christmas Day

D. Animals

Employees of the Contractor shall not be required to expose themselves to the danger of being attacked or bitten by vicious animals in order to accomplish refuse collection in any case where the owner or tenants have such animals at large, but the Contractor shall immediately notify the customer and City Manager, in writing, of such conditions and of his inability to make collection because of such conditions.

(Ord. No. 2018-02, § 1, 02-20-2018)

§ 3-5. Equipment.
Effective on Tuesday, February 20, 2018

A. Type to be provided

The Contractor shall provide packer type trucks, hydraulically operated for loading and unloading of solid waste which is water tight to a depth of not less than eighteen inches. When feasible, the Contractor shall utilize cost saving equipment.

B. Quantity

The Contractor shall provide sufficient equipment, in proper operating condition, so that regular schedules and routes of collection can be maintained.

C. Condition

Equipment shall be maintained in a reasonable, safe, working condition, to be painted uniformly with the company name, telephone number and the number of the vehicle printed in letters of not less than three (3) inches high on each side of the vehicle. Vehicles shall be numbered and a record kept of the vehicle to which each number is assigned. No advertising shall be permitted on vehicles. The Contractor is required to keep collection vehicles and commercial containers emptied by mechanical means cleaned and painted to present a pleasing appearance.

D. Operation

Each non-packer trash vehicle shall be equipped with a cover that may be net with mesh not greater than one and one-half inches, or tarpaulin, or fully enclosed metal top. Such cover shall be kept in good order and used to cover the load going to and from the disposal facility during loading operations or when parked, if the contents are likely to be scattered if not covered. Vehicles shall not be overloaded so as to scatter refuse, However, if refuse is scattered from the Contractor's vehicle for any reason, it shall be picked up immediately. Each vehicle shall have a fork and broom for this purpose. The Contractor's vehicles are not to interfere unduly with vehicular or pedestrian traffic, and vehicles are not to be left standing on streets unattended except as made necessary by loading operations, and shall move with the traffic flow.

(Ord. No. 2018-02, § 1, 02-20-2018)

§ 3-6. Employment and Working Conditions.
Effective on Tuesday, February 20, 2018

The Contractor shall comply with all applicable state and federal laws relating to wages and hours, and all other applicable laws relating to the employment or the protection of employees now or hereafter in effect.

The Contractor is required and hereby agrees by accepting this agreement, 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 Standards Act as amended and changed from time to time. The Contractor also agrees that upon written request, the Contractor will provide the City all information and policies, whether written or oral, relating to wages or terms and conditions of employment for employees in the service of the Contractor under this agreement. Conditions of employment shall be published and conspicuously posted so that all employees may be informed.

(Ord. No. 2018-02, § 1, 02-20-2018)

§ 3-7. Payment of Taxes.
Effective on Tuesday, February 20, 2018

The Contractor shall pay all federal, state and local taxes, to include sales tax, social security, workmen ,s compensation, unemployment insurance and other required taxes which may be chargeable against labor, material, equipment, real estate and any other items necessary to and in the performance of work under this agreement.

(Ord. No. 2018-02, § 1, 02-20-2018)

§ 3-8. Compliance with Laws and Regulations.
Effective on Tuesday, February 20, 2018

The Contractor hereby agrees to abide by all applicable federal, state, county and city laws and regulations. The Contractor and his surety indemnify and save harmless the City, all its officers, representatives, agents and employees against any claim or liability to the extent arising from or based on the violation of any such laws, ordinances, regulations, order or other decree, whether by himself, his employees or his subcontractor. This clause shall not apply to claims or violations arising out of Excluded Waste generated within the City. This clause shall apply not only during the term of this agreement but also as to any claim, liability or damages which are based on the Contractor' s conduct during the term of this agreement and in the event the City is charged with the responsibility, jointly or severally, for the aforementioned conduct as a successor to the Contractor.

(Ord. No. 2018-02, § 1, 02-20-2018)

§ 3-9. Provision of Insurance.
Effective on Tuesday, February 20, 2018

The Contractor shall not commence work under this agreement until he has obtained all insurance required under this agreement and such insurance coverage has been approved by the City Manager of the City of Lake Wales, nor shall the Contractor allow any subcontractor to commence work on subcontracts until similar insurance of the subcontractor has been obtained and approved.

A. Compensation insurance

Workers' Compensation - The Contractor shall provide and maintain during the life of this agreement Worker's Compensation Insurance for all of his employees who are employed in connection with the work. If the work is sublet, the Contractor shall require the subcontractor similarly to provide Worker s Compensation Insurance for all the latter 's employees unless such employees are covered by the protection afforded by the Contractor. In case any class of employees engaged in hazardous work under this agreement is not protected under the Worker's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide adequate insurance coverage for the unemployment compensation protection of his employees not under or otherwise protected. Coverage is to apply for all employees for statutory limits in compliance with the applicable state and federal laws. The policy must include Employers' Liability with a limit of $3,000,000 each accident, $1,000,000 each employee, $1,000,000 policy limit for disease.

B. Public liability and property damage insurance

The Contractor shall provide and maintain during the life of this agreement, at his own expense, such public liability and property damage insurance as shall protect him and any subcontractor performing work covered by this agreement from claims for property damage which may arise from operations under this agreement, whether such operations be by himself or by a subcontractor, or anyone directlyemployed by the Contractor or subcontractor. The amount of such insurance shall be as follows:

Commercial General Liability — Contractor shall maintain commercial general liability (CGL) insurance with a limit of not less than $3,000,000 each occurrence. If such CGL insurance contains a general aggregate limit, it shall apply separately to this location/project in the amount of $6,000,000. Products and completed operations aggregate shall be $6,000,000. CGL insurance shall be written on an occurrence form and shall include bodily injury and property damage liability for premises, operations, independent contractors, products and complete operations, contractual liability, broad form property damage and property damage resulting from explosion, collapse or underground (x,c,u) exposures, personal injury and advertising injury. Fire damage liability shall be included at $100,000.

Commercial Automobile Liability Insurance — Contractor shall maintain automobile liability insurance with a limit of not less than $3,000,000 each accident for bodily injury and property damage liability. Such insurance shall cover liability arising out of an auto (including owned, hired and non-owned autos). The policy shall include contractual liability coverage.

C. Proof of insurance

The Contractor shall furnish the Finance Director prior to the start of any operations under this agreement with Certificates of Insurance. The Certificates are to be signed by a person authorized by the insurer to evidence coverage on its behalf. The City of Lake Wales is to be specifically included as an additional insured on all policies except Workers' Compensation. In the event the insurance coverage expires prior to the completion of the contract, a renewal certificate shall be issued 30-days prior to the said expiration date. All certificates of insurance must be on file with and approved by the City before the commencement of any work activities. To be acceptable to the City, each insurance certificate shall contain a clause substantially as follows: “Should any of the above-described policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions.”

(Ord. No. 2018-02, § 1, 02-20-2018)

§ 3-10. Guarantee of Performance.
Effective on Tuesday, February 20, 2018

The Contractor hereby deposits with the City a performance bond in the amount of $500,000 as a guarantee to the City of faithful performance under the terms of this agreement. This performance bond shall be written by a company with a Class 9, A or higher financial rating as shown in Best's Key Rating Guide.

(Ord. No. 2018-02, § 1, 02-20-2018)

§ 3-11. Liquidated Damages.
Effective on Tuesday, February 20, 2018

Should the Contractor fail to perform in accordance with the provisions of this agreement and/or refuse to pay liquidated damages upon receipt of invoice from the City, the City shall, in addition to the amounts provided in other provisions of the agreement, be entitled to claim against the performance bond of the Contractor as provided in Section 3-10, or deduct from the next regularly scheduled payment to the Contractor, the following amounts, not as a penalty, but as liquidated damages for such breach of contract:

Unsatisfactorily resolved complaints (Section 3-2 D) over 15 per month.
$ 20.00 each case
Failure to clean up spillage promptly from vehicles or after having emptied containers, whether on private or public streets, alley, etc.
$ 25.00 each case
Failure to clean vehicles or change containers as requested by customer.
$ 25.00 each vehicle or container
Failure to keep vehicles closed or covered
$ 25.00 each vehicle
Load vehicles left standing on the street unnecessarily
$ 25.00 each vehicle
Failure to maintain schedulesestablished and given as a requirement of this contract, in writing, to the public and to the City (Section 3-4)
$250.00 per violation of route schedule

If Contractor disputes an assessment of liquidated damages, it shall notify the City Manager within 10 days of such an assessment and provide the basis for its dispute in writing.  The City Manager shall review the decision and make a determination. If Contractor disagrees with the City Manager, it may appeal the assessment to the City Commission.  If it is determined that the liquidated damages was improperly assessed, the City will compensate Contractor for any such amount that may have been withheld by the City from prior payments.

(Ord. No. 2018-02, § 1, 02-20-2018)