(a) If a collector fails to be at work at the time specified, disregards the laws, regulations, ordinances or instructions of the town or of other governmental agencies having jurisdiction within the town, over the landfill, or over the transportation of solid waste; repeatedly fails to provide sufficient trained, competent, and physically able workers and equipment to insure the proper completion of the residential unit collection by 7:00 p.m. each day; performs the work unsatisfactorily in the town's reasonable determination; fails to collect solid waste, recyclable materials, special waste or construction or demolition debris on a regular schedule as set forth in the franchise agreement; discontinues the prosecution of the work without authorization by the Town; becomes insolvent or declares bankruptcy or commits any act of bankruptcy or insolvency, or allows final judgement arising out of performance of the franchise to stand against him unsatisfied for a period of ten days or otherwise breaches the franchise agreement with the town, the town may consider such action a breach of franchise and give notice to the collector and his surety of such breach. In the event the collector has not used or taken all reasonable steps to effect a cure within 20 days after such notice, the franchise shall terminate effective immediately.
(b) All terms of a franchise agreement shall be considered material. Failure of the town to enforce or demand correction of any breach of a franchise agreement shall not be deemed to be a waiver of the right to seek enforcement of the agreement or to deem same to have been breached. A collector shall be required to waive any defense of laches or waiver.
(c) The collector shall furnish to the town a performance bond for the faithful performance of a franchise agreement and all obligations arising thereunder, all in an amount as set forth in said agreement. It shall be executed by a surety company licensed to do business in the State of Florida.
(d) The collector shall be required to hold the town and its officials, employees and agents harmless from any damages to any person or property that may occur in the collection or transportation of solid waste within the town, which arise from the negligent acts or omissions of collector.
(1) The following coverage shall be in effect: Public Liability, $1,000,000 per person and $2,500,000 per accident; Property Damage, $200,000 per any one claim. The foregoing coverage shall not exclude and shall specifically include coverage for violation of any civil rights actions brought pursuant to 42 U.S.C. Section 1983. The insurance carrier with whom the insurance is placed shall be reasonably acceptable to the Town, licensed by the State of Florida to carry on insurance activities as set forth in this chapter, and rated as “A+” or better by Best's Rating Guide. The Town shall be named as loss payee in any policy set forth in this division (d)(1). The policy shall include a non-cancellation clause, unless at least 30 days notice is first extended to the town and in the event of cancellation, the collector shall be required to promptly secure a new insurance policy meeting the requirements of this division.
(2) The collector shall provide and maintain during the term of a franchise agreement: commercial/automobile/truck insurance and, worker's compensation insurance, in accordance with the laws of the State of Florida for all its employees.
(3) A Certificate of Insurance shall be filed and maintained with the town by the insurance carrier showing such insurance to be in force at all times. The collector also indemnifies and holds the town and its officials, employees and agents from any and all liability, causes of action, court order damages, including attorney's fees and court costs or loss arising directly or indirectly from or by virtue of the exclusive grant of a franchise to a collector, if given, including, but not limited to, any and all liabilities that might arise under State and Federal antitrust, civil rights, or racketeer-influenced and corruption (RICO) laws. If a court of competent jurisdiction declares an exclusive franchise agreement is a violation of state or federal RICO, civil rights or anti-trust laws, the town shall have the power to void the franchise agreement without penalty, but such avoidance shall in no way waive, terminate or lessen the obligation of the collector to indemnify and hold harmless the town as set forth above. Further, in defending or in prosecuting any action pursuant to a franchise agreement or otherwise enforcing its rights to indemnification, whether the town be insured or not, the collector shall agree for itself and any insurer to the right of the town to have the services of such competent attorneys as the town shall deem to be reasonably necessary, and the fee of such attorneys shall be covered by the insurance and indemnification required above.