(A) Exclusive franchise. Pursuant to the City of Palm Bay Materials Management Agreement (franchise agreement), the City granted Republic Services of Florida, LP the exclusive right to provide collection and transport services for single-family and multi-dwelling residential solid waste, recyclables, yard waste, bulky waste, white goods, electronic waste and tires; and for commercial solid waste collected in individual containers, frontloading containers/bins, and compactors within the City limits of the City of Palm Bay. The exclusivity of this franchise shall not apply to the collection of construction and demolition debris or commercial recyclable materials. The exclusivity of this franchise is conditioned upon and subject to any laws or court decisions that make or declare such exclusive contracts illegal or contrary to law.
(B) Term of franchise. The franchise is effective June 1, 2020 and expires five (5) years thereafter but shall automatically renew for successive five-year periods (the "term") unless either party provides written notice of non-renewal at least sixty (60) days prior to the expiration of the then current term, or unless otherwise terminated in accordance with the terms of the franchise agreement as may be amended from time to time.
(C) Conditions of the franchise. The franchise shall continue to be conducted in accordance with the terms contained in the franchise agreement, as may be amended from time to time, attached as exhibit 1. The franchise agreement and any amendments shall remain an exhibit to this section and shall be remanded to the custody of the City Clerk who will maintain such for public inspection.
(D) Enforcement. The provisions of this franchise shall be enforced by the City Manager of the City of Palm Bay.
(Ord. 2021-15, passed 4-1-21)