20-3190 Franchise 2 with WCA of Florida, LLC (non-putrescible)

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City of Casselberry I Procurement and Contract Management Division 95 Triplet Lake Drive, Casselberry, Florida 32707 Phone: 407-262-7700, Ext. 1142 1 procurem ent(a)casselberry. org RFP -2020-0636 COMMERCIAL SOLID WASTE SERVICES AGREEMENT FOR OPEN -TOP ROLL -OFF CONTAINERS FOR NON-PUTRESCIBLE SOLID WASTE If the Index becomes unavailable, a reasonable substitute, as prepared by the United States Department of Labor or comparable federal agency shall be used, as determined by the City. Annual Rate Escalations are not included in the Evaluation Criteria on Page 16. 13.00 Labor and Costs The Franchisee shall, at its sole cost and expense, except as otherwise provided herein, furnish all labor and equipment required to perform the services required pursuant to this Franchise. 14.00 Location All non-putrescible trash shall be placed in approved open -top roll -off containers at locations that are readily accessible to the Franchisee's personnel, and in locations consistent with City Code subsection 70-35(c). Containers shall be located on private property. The Public Works Director or designee may approve the use of City property for the siting of containers after an appropriate application is filed, an investigation occurs, and a permit is issued. 15.00 Compensation and Payment (a) Compensation shall be paid by the Franchisee to the City every month based upon a sum equal to twenty (20) percent of the gross revenue received from all sources related to the Franchisee's operations in the City, including fees, charges, rental of equipment, and funds paid outside of the City from materials hauled from the City. Open -top roll -off fee compensation shall be based on a sum equal to twenty (20) percent of the gross revenue from roll -off rental, hauling and tonnage charges. Such fees shall not include revenues generated directly from recycling. (b) All payments shall be due on the 25th of the month following the month of service. Any payments not paid by the 25th of the month following the month of service shall bear interest at the rate of twenty (20) percent per annum from the first of the month following the month of service, or the highest interest rate allowed by state law, whichever is less. 16.00 Discontinued Services on Delinquent Accounts (a) The Franchisee may discontinue service as set forth in this Section. The Franchisee shall notify persons who have not remitted required payments within twenty (20) days after the date of billing. Said notification shall contain a statement that service may be discontinued twenty (20) days from the date of notice if payment is not made before that time. In the event the Franchisee intends to discontinue a delinquent account, it shall so notify the City at least ten (10) days before the last day of collection. Upon payment of delinquent fees, the Franchisee shall resume collection on the next regularly scheduled collection day. (b) In order to maintain environmental health and sanitation, the City shall have the authority to direct the Franchisee to service and remove the container, notwithstanding the fact that an account may be delinquent, upon the written assumption by the City of fees accruing by virtue of Franchisee's service. If the City N7