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HomeMy WebLinkAboutMinutes 05-25-1989 Special Workshop\ - (2)O 0 CITY COUNCIL' SPECIAL WORKSHOP MEETING MAY 25 , 1989 A Special Workshop Meeting of the Cape Canaveral City Council was held on May 25 , 1989 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Mayor Salamone called the meeting to order at 7 :33 P.M. Members Present Joy Salamone Mayor Bob Hoog Mayor Pro Tem Steve Miller Council Member Rocky Randels Council Member Members Absent Jeff Kidd Council Member Others Present Leo Nicholas City Manager Jim Theriac City Attorney Angel Taylor Secretary 1 . Discussion Re: Proposed Agreement with Western Waste Industries for Recycling Solid Waste. Mr . Jim Gillean of Western Waste was present to answer questions from Council and to explain the Contractor ' s point of view on the Agreement. The suggested changes and/or deletions from Council are as follows: In paragraph five - change word "curbside" to -- a means of ---. Item 1C.. Delete word "individual" . Place period after word curbside and delete sentence in parentheses . Item 2 , Para. 1 . Discussion was held concerning the terms of the contract. Changes and/or deletions were suggested so that both City and Contractor would be protected. Paragraph 3 . Delete word "Manager" at end of last sentence. Item 3 . Entire paragraph to be rewritten - with guidelines being clearly established by both Contractor and City. Item 4A. Mr . Gillean explained to Council that the materials to be collected can be added to in the future. The items listed are what will be collected during the initial start-up of the recycling program. Item 5 . Mr . Gillean suggested that the bins furnished to the residents have the name of the City on them. Bins can be any color of the City' s choosing . Item 6 . No changes. Item 7B. Suggestion was made that the City ' should enact an Ordinance to prohibit citizens from pilfering recyclable materials from the bins that were placed out for collection by the Contractor . Item 8 .- Mr . Gillean suggested that the times for collection be changed from six ( 6 ) A.M. - nine ( 9 ) P.M. to six ( 6) A.M. - seven ( 7) P.M. There were no changes or corrections to Items 9 thru 13 . CITY COUNCIL SPECIAL WORKSHOP MEETING MAY 25, 1989 PAGE 1 OF 2 0 0 Item 14A. Add sentence - "A copy of all logs to be provided to City on a monthly basis. Item 14B. Change to read ----"shall respond promptly to all in- quiries and/or .complaints---- Item 15 . No changes. Item 16 . Attorney Theriac suggested adding after first sentence -- "Contractor shall provide to City a written record of weights within 1 truck of collected materials. " Items 17 thru 23 . No Changes. Item 24B. Add wording "Written report of proportional sale will be provided to City on a monthly basis. " Mr . Gillean explained that monthly meant either 4 weeks or 5 weeks. Item 24C . Delete entirely or rewrite. • Item 25. Rewrite Items 26 thru 30 . No changes. Item 31 . Delete entirely. Items 32 and 33 . No changes. Contractors Pay: D. Discussion was held on who would pay for recycling centers. Mr . Gillean explained the reasons for the high cost of local Re- cycling Centers. • F. Delete entirely. Mayor Salamone noted that the biggest problem would be in educating the citizens, which would have to be top priority and should be done in a very positive manner . There being no further business, the meeting was adjourned at 9 :45 P.M. ' 4kan..41 ,e° 44a44„/ net S . Leeser ity Clerk (These minutes were transcribed by Secretary Angel Taylor) . • • CITY COUNCIL SPECIAL WORKSHOP MEETING MAY 25, 1989 PAGE 2 OF 2 • • 0 0 AGREEMENT This Agreement , entered into by and between the City of Cape Canaveral. , a municipal corporation whose address is 105 PolkAye , . Cape Canaveral , Florida , 32920 (hereafter referred to as "City" ) a Western Waste Industries Inc . of Florida , whose is address is 3303 Lake Dr , Cocoa , Florida 32926 , (herein referred to as "Contractor" ) , is made with reference to the following : RF I_T 1 Whereas, the City is a municipal corporation; Whereas , the Contractor is a corporation , duly organized , validly existing , and in good standing under the laws of the State of Florida with corporate power to own property and carry on its business as it is now being conducted; Whereas , the Contractor has submitted a proposal to City for the operation of a complete solid waste recycling program; Whereas , the City desires to provide for its citizens a curbside collection of recyclable materials and other programs that may be defined later . Whereas , Contractor represents that it is well qualified , experienced , equipped , staffed , and willing to provide these services desired by the City . NOW , THEREFORE , it mutually agreed by and between the undersigned parties as follows : 1 . DEFINITION OF TERMS A . Re_cyclahle Material: Any material recovered-from the refuse which has been designated as reusable, including , but not limited to , newspaper , plastic beverage bottles , aluminum cans , high grade paper , glass , and others that may be designated later . • B. Recycle Center_: Designated location where the public can deposit recyclable materials with no monetary remuneration . C . Q irl j_iecvclln&: The collection of recyclable materials from individual residences at curbside (used in single and small multi-dwelling areas) . • D. DQors.ide_ Recvcling: The collection of recyclable materials from individual residences at the doorside (used in large apartment and condo areas where curbside is not practical) . 2 . TERM The term of this Agreement shall boA�terfive the contractyears hasand beenshall in commence on 0 o operation for three ( 3 ) years , the contract will automatically renew for three ( 3) additional years ; unless either party notifies the other of a desire not to renew the contract . In that event , the contract will continue to count clown the final • two years and will terminate . The Contractor shall commence the operations of the curbside collection program on During the first year , the City and Contractor agree to review the program on a minimum of a quarterly basis , commencing with the first day of operation of the curbside pick-up program . The work program to be performed by Contractor may be modified or adjusted only by written agreement between Contractor and City Manager . 3 . RENEGOTIATI9N OF CONTRAST. • At the end of the first year of operations pursuant to this Agreement , and at such time as the parties mutually deem acceptable thereafter , City and Contractor will review all aspects of the recycling program . In the event it can be demonstrated by Contractor. or City that , through no fault of Contractor or City , the program , taken as a whole , has not met the projections submitted at the time of execution of the contract , City and Contractor will , in good faith , consider. adjustments to the contract in order to provide a means by which Contractor can make a reasonable profit , or the City can receive reasonable service for its commitments , upon the entire recycling operation . h . S 4.RVTGFS TC BE PCRFORMED BY CONTRACT QR A . Operate and maintain a total solid waste recycling program, starting with curbside pick-up and consisting of `the collection , processing and brokering of recyclable materials from residences that are presently receiving residential garbage service . Materials to be collected include the following : Rewspaner : Newspaper only . No phone books , brown paper , colored newspaper , magazine paper , etc . Alumin.um_Can.s.: No tin cans , odd pieces of aluminum, such as toys , chairs , etc . Glary Jars and Bottlea: No mirrors , window pains , windshields , etc . Plastic Bottlea: Milk and drink bottles only . No soap, clorox , oil bottles or odd pieces of plastic . NO STYROFOAM. B. Furnish at its own cost all labor , material , equipment, tools and disposal site for recycling station , necessary and proper to perform the above described services . • 0 0 • 5 . MANNER_U_EEREMIMAICE A . The Contractor shall furnish a single bin to each. home for the purpose of storing recyclable materials in the home and identifying the recyclable materrials at the curb. The Contractor will replace , up to five ( 5 ) percent per year , bins that are damaged . The size of the bins will be selected by the Contractor and the color (within range of availability ) by the City . The bin may have both City and Contractor names on the bin . B. Contractor shall remove only such recyclable materials , from al]. single family homes and multiple residential complexes receiving regular residential garbage collection in accordance with the specifications and restrictions of this agreement . These materials are to be placed in the recycling bin or placed directly beside the container and that are placed at the normal collection point at the curb. • C . From residential areas , recyclable materials shall be • collected each week on a normal garbage collection day . There shall be no limit to the quantity of recyclable - materials .that will be picked up from each residence . • D. The City may inspect the recyclable materials to. .ascertain that they conform to the requirements of this agreement and to the type of bins , weight of bins , etc . The Contractor will not be required to collect materials that are in violation of this agreement . The non-recyclable materials in the recycling bin will be left in the bin at the residence as examples of incorrect materials that should not • be placed for collection . • 6 . OBLIGATI > Q __R anla A . Ilin.u: Persons occupying or in possession of premises in the City shall have initially provided for them by the Contractor , one ( 1 ) portable bin for recyclable materials to accommodate the amount of recyclable materials generated by those particular premises . Heavy-duty plastic bags of the type especially manufactured for rubbish collection , and • •trash compactor sacks , may be used for materials that occasionally exceed the bin capacity . Grocery cartons and paper sacks are acceptable as excess recyclable material bins , provided they are not torn , wet , or otherwise damaged . The people are responsible for proper care of the container . A container may be purchased from the Contractor if lost . B. p]_ cilicni• of bines: Each recyclable material bin shall be kept on the premises of the person receiving the bin. On the day designated for collection , it shall be placed for collection on the curb at the normal collection point. Each bin containing recyclable material , shall be placed 0 0 there not later than than six (6 ) a. m . on the day of collection . 7 . A . All recyclable material collected by the Contractor shall be and become the property of the Contractor from and after the time of collection . B. The parties understand and acknowledge that no person other than the owner thereof , his agents or employees , or an officer or employee of the City , or any person holding a contract with the City for the collection of recyclable material , his agents or employees authorized for such purposes , shall tamper or meddle with any bin or the - contents of the bin or remove the . bin from the location where the same shall have been placed by :the owner thereof or his agent . 8 . CQLJ E I C.L1__11O.0 Recyclable material collections shall be made between the hours of six (6) a . m . and nine ( 9 ) p . m . in residential areas.. All collections shall be made as quietly as possible and in conformance with applicable City ordinances . 9 . IIQLiDAYS • On the following legal holidays , no collection of recyclable materials will be made by the Contractor in the City: Independence Day ( 4th of July) Labor Day • Thanksgiving Day Christmas Day New Year' s Day Should one of the legal holidays fall on a regularly scheduled pick-up day , the collection of recyclable materials will be picked up on the next normal recycling collection day . 10 . UL`1_IFDI3Ma All employees of the Contractor shall be dressed in clean uniforms which are provided with suitable identification . 11 . mucus . A . All vehicles and equipment shall be kept clean , in good order and free of odor at all times . Routine inspections may be performed by the City . All trucks , trailers , and other conveyances or equipment , including bins , used to collect , haul , or transport recyclable materials shall at all times be kept clean , in good repair , and uniformly painted . • 0 0 B. Each truck , trailer or other conveyance shall be so constructed and used that recyclable materials will not blow or fall out of the truck onto the street . Should any materials be dropped in collecting , transferring , or transporting , it shall be immediately cleaned up by the . contractor .. Vehicles shall carry a logo to represent the recycling program and shall carry the telephone number of the Contractor . Lettering shall be printed or painted legibly . 12 . CARE . SIZE, AND TYPE OF BINS • A . All recyclable material bins shall be replaced where found . Recyclable materialSplaced in bins shall not exceed a weight of fifty ( 50) pounds , including the weight of the bins and contents . • B. Bins shall be kept in a sanitary condition by the owner or person in control . C . The Contractor, his agents and/or employees , shall not in any way break or damage or roughly handle customer's recyclable • material bins . The Contractor shall replace up to five ( 5) percent of the bins each year due to loss or breakage . One home should not be given more than one (1 ) replacement each year . All bins damaged by the Contractor, shall be replaced by the Contractor and not included in the five ( 5) percent. D. The actual size of the bins will be determined, by the Contractor , but should be in the fourteen ( 14 ) gallon range . E . The Contractor may change bins in the normal operation of curbside collection , as 'long as the exchange bin is clean and in good condition . • 13 . RDIME5 OF COLLECTIQN The Contractor shall provide the City with a route map . delineating the normal route path of the truck . 14 . OFFICE rQLNQUIRTEzANILMIELA1.N. A . The Contractor shall maintain an office and shall maintain a telephone therein , listed in the local telephone directory service for the City , in the firm name , and shall at all times during the hours between 8 : 00 a . m . and 5 : 00 p. m of each working day have a full-time employee at said office for the answering of inquiries and for receiving complaints from • property owners and tenants within the City or from the City . The telephone number of a designated employee available between 5 : 00 p. m . and 8 : 00 a . m . for emergency calls and complaints , shall be furnished to the City . The Contractor shall maintain a written log of all complaints , the date thereof , and the action taken pursuant thereto or the reason for non-action . Such log of complaints shall be open to the inspection of the City . • 0 0 B. The Contractor shall be responsive to inquiries and/or complaints regarding performance of contracted services brought by interested/aggrieved residents . 15 . SIX/ICES TO BE PFRF_IBY CTTY City shall be assisted by the Contractor in conducting a public awareness campaign to promote the City' s recycling program . Contractor , within reason , will participate in program and shall cooperate in the implementation of promotional activities . All materials and publications used. by the Contractor shall be reviewed by the City and that used by the City referring to the Contractor shall be reviewed by the Contractor . 16 . C Qi9 PFIE ATIQN_1O CJ TY_ The Contractor will maintain accurate weight records of each type of recycling material collected within the City . The recyclable materials will be mixed with similar materials collected from other recycling areas . The materials will be held until enough volume is accumulated and/or the offering price appears to be in the best range under the existing condition , in the judgement of the Contractor , at which time the material will be sold . The cost for storing , processing , and shipment will be taken out of the revenue received for the sale of the material . .The remaining money will be divided equally between the City and the Contractor . 17 . AIZY RTI, tIENT No signs or advertising of any kind shall be so displayed unless and until approved , in advance and in writing , by the City . 18 . TAXES The Contractor shall exonerate , indemnify , and hold harmless the City from and against , and shall defend the City from and against , and shall assume full responsibility for , payment of all wages or- salaries and all federal , state and local taxes or contributions imposed or required under the Unemployment Insurance , Social Security , Income Tax laws , Worker' s Compensation laws , or other laws with respect to the Contractor' s employees engaged in the performance of Contractor' s obligations hereunder . 19 . mamma m • Contractor shall maintain the following insurance coverage : A . Worker" a_Gmaciattation: All employees of the Contractor must be included under such policy in accordance with the statutory requirements of the State of Florida . B. Coinnrehcnsive Personal Liability Tnrnurance : Including 0 0 coverage for owned , hired and nonowned automobiles , trucks , and all additional vehicles and equipment used in the. performance of this agreement with $500 , 000 combined single limit . C . QQmprchernaive__Erfl xt•v Damage Li thti 1 tv_Insur_nnce: Including coverage of owned , hired and nonowned automobiles , trucks , and any additional vehicles or equipment used in the performance of this agreement with a $500 , 000 combined single limit . • D. L of _.2cr_s_Qn.au.nl rs. nd PIQPerty Damage Insurance : Including coverage for owned , hired and nonowned automobiles , trucks , and any additional vehicles and equipment used in the performance of this agreement , with a minimum limit of $2 million per occurrence . E . aS11:ZL•oglado l_WaLY_c.L' : Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance , that Contractor shall look solely to its insurance for recovery. Contractor hereby grants . to City,on behalf of any insurer providing insurance to either Contractor or the City with respect to the services of Contractor herein , a waiver of any right of subrogation which any such .insurer of said Contractor may acquire-. against City by virtue of the. payment of any loss under such insurance . F . L•atl ure to Secur_e_: If Contractor at any time during the term hereof , should fail to secure or maintain the' foregoing insurance , City shall be permitted to obtain such insurance in the Contractor ' s name or as an agent of the Contractor and shall be compensated by the Contractor for the costs of the insurance- premiums . Contractor shall pay City interest on paid insurance premiums at the maximum rate permitted by law , computed from the date written notice is received that the premiums have been paid . 20 . MDLDYMIiNTA.CTICLa Contractor ' shall comply with the terms and conditions set forth in the Fair Employment Practices Addendum which is attached hereto as Exhibit "A" and incorporated by reference . 21 . COMPhIANC Contractor shall comply with all laws , ordinances , rules and regulations enacted or issued by the city , state or federal government as relates to the operation and/or the funding of all programs contained in this agreement . 22 . PERMITS_AND_LICENS.S Contractor shall obtain and maintain during the term of this agreement , all appropriate licenses , permits and certificates that may be required in connection with the operation of its O facility and for the provision of services hereunder and such licenses , permits , and certificates shall be obtained without additional expense to City . 23 . HOLD HARMLESS Contractor shall indemnify and hold City harmless from and against any and all loss , damages , liability , claims , suits , cost and expenses , whatsoever , including reasonable attorney ' s fees , •regardless of the merit or outcome of any such claim or suit arising from or in any manner connected to the services or work . conducted pursuant to this agreement . Contractor shall indemnify , defend and save harmless the City , its officers , agents and employees from and against any and all claims and losses whatsoever , including reasonable attorney ' s fees , accruing or resulting to any and all persons , firms or corporations furnishing or supplying work , services , or work conducted or performed pursuant to this agreement and arising out of such activities or work , and from any and all claims and losses whatsoever , Including reasonable attorneys ' fees , accruing or resulting to any person , firm or corporation fro damage , injury or death arising out of Contractor' s operations . This paragraph shall not apply to any negligence for conduct of City , its agents , servants or employees . • 24 . REPORTING REQUIREMENTS A . Nonj 1ilY Re..ports.: The Contractor shall submit 'monthly reports . This report will identify , by week , by type of • material , the amount of recyclable materials collected from the City . It will also show the accumulative amounts of material .from the City at the Contractors site , and the amount of the City's materials sold that month . B. M&ter1 11 ' s .lera3.eP_od : Within two ( 2) weeks of each material sales , a report will be issued to the City showing the amount of materials from the City that was involved in the sale , the portion of the storage , processing and shipping cost , and the amount of money due the City . If the .cost exceeds the revenue , there will be no charge to the City , but if the revenue exceeds the. cost , the City will receive one half ( 1/2 ) of the excess . C . Payment fQx__Materi.lc_: The City , based on the Material Sales Report , will adjust the monthly payment amount made to the Contractor by the amount identified . 25 . TERM.LNATIM In the event •Contractor hereto fails to perform , or repudiates its obligation to perform either expressly or implicitly through its conduct , Contractor shall be deemed in default in the O Q performance of this agreement . • If such default is not cured within a period of fifty-five days after receipt by Contractor from City of written notice of default , specifying the nature of such default and the steps necessary to cure such default , City may terminate the agreement forthwith by giving to Contractor written notice thereof . 26 . PI,RLQ.RMANCE BaNR A performance bond shall be procured by the Contractor to be executed by a surety company licensed to do business in the State and in the sum of $25 , 000 . 27 . NOTICGa • All notices given under this agreement shall be given in writing and may be delivered personally or by the United States mail, certified , with return receipt . 28 . INDE1.,N.. GI RS Both parties hereto in the performance of this agreement , will be acting in an independent capacity and not as agents , employees , partners or joint venturers of one another: Neither the City nor any of its officers or employees shall have any control over the conduct. of Contractor or any of Contractor' s employees , except as herein set forth . 29 . WALYi R S. The waiver by the City of any breach of Contractor of any term, covenant , or condition contained herein shall not operate as a waiver of any subsequent breach of the same or any other term , covenant or condition contained herein . 30 . INTECBATEDSQRTRAIT This agreement represents the full and complete understanding between the parties hereto . No verbal or implied agreement shall be valid . Any modification of this agreement will be effective only by written execution signed by both City and Contractor. 31 . COSTS OF LITIGATLQ.N. • If any legal action is necessary to enforce any provision hereof or for damages by reason of an alleged breach of any provisions of this agreement , the prevailing party shall be entitled to receive from the losing party al]. costs and expenses and such amount as the court may adjudge to be reasonable attorney' s fees for the costs incurred by the prevailing party in such action or proceeding . 32 . CO.0 T RP..ART S 0 0 This agreement may be executed in several counterparts , each of which is an original , and all of which together constitute but one and the same document . 33 . UQVERNINUAW This agreement has been made and shall be construed and interpreted in accordance with the laws of the State of Florida . Dated . _ O O • Gontractor' s Pnv A . The Contractor with a City representative ( if desired by the City) , will drive each street and identify and document each dwelling unit to receive curbside recycling service by street and house number . The count of these dwelling units will determine the number receiving service . B. Each dwelling unit will be served by the Contractor as described herein for $ . per month . The City will pay the Contractor this rate times the dwelling unit count determined in Item A . The Contractor will be paid by the 10th of the month following the provided service . C . Dwelling units may be added or deleted by the City based on the City providing the specific dwelling unit. , street and house number in writing . D. Recycling Centers , if desired by the City , of ( 1 ) to four ( 4 containers each , will be set up and maintained by the Contractor where citizens drop off their recyclable materials . The' cost of a recycling center is a hundred and twenty-five dollars ($125 . 00) per month for each container , including exchanging ( to remove the recycling 'material ) the container up to four ( 4) times per month ., Each additional exchange will be made for thirty dollars ($30 . 00) per time . E . The rate will be adjusted annually on the. anniversary date of the contract . This adjustment will be based on the percentage change in the overall CPI for the Southeastern states . The CPI values . for two ( 2) to fourteen ( 14 ) months prior to the start month. of the contract , will be used to determine the first adjustment . The same twelve ( 12) month period will be determined by multiplying the rate times the CPI factor .• F . The Contractor shall have the right to petition the City Council for price adjustments to reflect any unusual changes in operating cost , such as but not limited to changes in laws and ordinances , insurance rates , disposal locations , extended. times with road detours . Such adjustments shall not be unnecessarily witheld .