HomeMy WebLinkAboutResolution No. 1978-07 - MICROFILMED 4-10-80
RESOLUTION NO. 78-7
A RESOLUTION AUTHORIZING THE MAYOR AND
CITY CLERK OF THE CITY OF CAPE CANAVERAL,
FLORIDA TO EXECUTE CONTRACT AMENDMENT WITH
RUBBISHMAN, INC. PERTAINING TO HANDLING
COMPLAINTS; PROVIDING AN EFFECTIVE DATE.
SECTION 1. The Mayor and City Clerk of the City
of Cape Canaveral, Florida are hereby authorized to
execute a contract amendment with Rubbishman, Inc. ,
Garbage Service Contract, which amendment provides for
handling complaints. A copy of said amendment is
attached and by this reference, incorporated into this
Resolution.
SECTION 2 . This Resolution shall .become effective
immediately upon its adoption.
. ADOPTED by the City Council of the City of Cape
Canaveral, Florida this 7 day of February, 1978 .
' ayor
11111 -
.. 1. 4
mel yr Clerl� �`
`.
aa �Pf` r=1'�
4A►wvp9t`".'
} Approved ,as to form:
/111P
/93:: 4 -
NAM% ,c°n.r YES NO
City Attorney BOYD
MURPHY
R/GE.RMANIr 1
THURM
'WELTON
1
PROPOSED Mi(MM 10 CUMACr WITH
RUBBISH MAN, INC., FOR IMLING OSIPIAIWIS
Handling, Complaints. The Contractor shall do every reasonable act to
provide a service of high quality and keep the number of legitimate
complaints to a minimum. In order that the City may be infomed of the
quality of the service, the Contractor shall arrange the handling of
caplaints in substantially the following manner: All complaints, whether
received In person or by mail or telephone, shall be recorded and one copy
retained in the Contractor's file. Complaints received before 12:00 noon
each day shall be serviced before 5:00 p.m, that day; complaints received
after 12:00 noon shall be serviced by 12:00 noon of the following calendar day.
The driver shall be required to report daily the action taken on complaints,
and the Contractor shall submit weekly a report to the City on a file copy,
of the complaint, shooing the action taken. For each day in which the
number of legitimate complaints reaches five (5) or more, whether for
garbage or trash or other cause, which are not corrected within the time
specified herein, the City shall withhold from the monthly payment to the
Contractor, the amount of Five dollars ($5.00) per complaint, not as a
penalty, but as liquidated damages. Each complaint shall be determined on
the basis of a joint inspection, if necessary, by a representative of the
City, and a representative of the Contractor and the decision of the City
manager that any complaint is legitimate shall be final.
ATTACIiIM 10
RtSOLIATON NO. 78 -7
(SECOND AWMUI
IS ATPACID)
SECOND ADDENDUM TO
GARBAGE AND IlURUISII COLLECTION AGRE'E'MENT
WHEREAS, the CITY OF CAPE CANAVERAL, a municipal corpor-
ation, hereinafter referred to as "City" and RUIIUISHMAN, INC., hereinafter
referred to as "Collector" have entered Into a Garbage and Rubbish Collection
Agreement, dated October 2, 1973, hereinafter referred to as "Agreement"
and
WHEREAS, certain provisions of the Agreement require clarification
and modification:
NOW, THE'REFORE, in consideration of the exchange of certain mutual
promise and covenants herein contained and contained in the Agreement, the
parties agree that said Garbage and Rubbish Collection Agreement be amended
as follows:
1. The following new section shall be added to the Agreement as
Section 21:
Handling Complaints. The Contractor shall do every reasonable act
to provide a service of high quality and keep the number of legitimate
complaints to a minimum. In order that the City may be Informed of the
quality of the service, the Contractor shall arrange the handling of complaints
In substantially the following manner: All complaints, whether received in
person or by mail or telephone, shall he recorded and one copy retained in
the Contractor's file. Complaints received before 12:00 noon each day shall
be serviced before 5:00 p.m. that day; complaints received after 12:00 noon
shall be serviced by 12:00 noon of the following calendar day. The driver
shall be required to report dally the action taken on complaints, and the
Contractor shall submit weekly a report to die City on a file copy of the
complaint, showing the action taken. For each day In which the number of
SECOND ADDENDUM IS AN
ATTACHMENT TO
RESOLUTION NO. 78 -7
.J
MICROFILMED 4-10-80
legitimate complaints reaches five (5) or more, whether for garbage
or trash or other cause, which are not corrected within the time
specified herein, the City shall withhold from the monthly payment to
the Contractor, the amount of Five dollars ($5. 00) per complaint, not
as a penalty, but as liquidated damages. Each complaint shall be
determined on the basis of a joint inspection, if necessary, by a represen-
tative of the City, and a representative of the Contractor and the decision
of the City Manager that any complaint is legitimate shall be final.
IN WITNESS WHEREOF, the parties hereto have caused this written
agreement to be executed this 1 day of March , 1978.
CITY OF CAPE CANAVERAL
�Ff1�V£114 ,I
rii
•t. ?": 1/4-. By:A.,A,A7,)L<„pt,„,,,)
rA4.e x :� �,;.,; Mayor
V L,t •
Cit 'Clerk 4110"
• ,'" • MAN I
President
Attest: `W'
- qib,_
secretary
SECOND ADDENDUM IS AN
ATTACHMENT TO
RESOLUTION NO. 78-7
-2-