The URL can be used to link to this page

Home My WebLink AboutResolution No. 1974-20 !- ~' ~ «---�-= MICROFILMED 4.10-80. RESOLUTION NO. 74-20 A RESOLUTION AUTHORIZING THE CITY OF CAPE CANAVERAL TO ENTER INTO AFFIRST ADDENDUM TO ; THE AGREEMENT WITH RUBBISHMAN, INC. FOR THE COLLECTION OF GARBAGE AND TRASH. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AS FOLLOWS: SECTION 1. The Mayor and City Clerk are hereby authorized to execute a First Addendum to the Agreement between the City and Rubbishman, Inc. entitled "Garbage and Rubbish Collection Agreement, " a copy of which First Addendum is attached hereto and made part hereof. SECTION 2. This Resolution shall become effective immediately upon its adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, this 21ST day of MAY , 1974. q'2; ......tz-,3f,:,-;,t,,AkItily'uri-' , ' „‘,0ei 401, 9 •,_ °�4/>,, ay! 1 Vr ' '., ' ..,,,:k,•%,0i N -, , 4: ,tl1 tl f OLC��ityr g'er.k -: / I�1a;1 . ' NAME YES NO ABS Approve. : s to form: / MACLAY V RHAME I-- GRAEFE 4, 1I " y / J '. SALVAGGIO Y ity Attorney VTHURM I _ I . FIRST ADDENDUM TO GARBAGE AND RUBBISH COLLECTION AGREEMENT WHEREAS, the CITY OF CAPE CANAVERAL, a municipal corporation, hereinafter referred to as "City, "and RUBBISHMAN, 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, THEREFORE, In consideration of the exchange of certalnmutual promises 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 definition shall be substituted for the definition of rubbish /trash as defined in Section 1(d) of the Agreement: Garden and yard trash shall mean accumulations of grass, palm fronds, leaves, branches, shrubs, vines and other similar Items generated by the maintenance of lawns, shrubs, gardens and trees. Household trash shall mean any and all accumulations of waste material from the operation of a home which Is not Included In the definition of garbage, household trash shall Include all appliances, furniture, yard toys, building material wastes from "do It yourself' projects and similar discarded household and personal articles. Rubbish shall mean all waste material which is not garbage, garden or yard crash or household trash, but not including industrial waste, building materials or land clearing waste, 2. Section 2 of the Agreement, entitled "Scope of the Contract, " shall be amended to read as follows: Scope of contract. It is Intended that the Collector under this Agreement shall provide total contract service for the City, which PAGE t OF 4 PAGE'S shall Include the collection of all garbage, garden and yard trash, household trash. rubbish and other trash. Including commercial garbage and rubbish for all persons or businesses within the City of Cape Canaveral. Florida, but nor Including industrial wastes. The term "total garbage service" is Intended to mean service as herein defined and delineated. 3. Section 8 of the Agreement, 'entitled "Plnce of pick -up, " shall be amended to read as follows: (a) Residential garbage: All garbage must be containerized, either in cans, bags or boxes not weighing more than forty (40) Pounds and said containers shall be located so that they are easily collectable. No collection of garbage will be made within any fenced in yard or closed enclosures. It shall be the responsibility of the customer with such fenced in yards or enclosed area to place the garbage containers In an area which Is easily accessible to the Collector on collection days, (b) Residential trash and rubbish: Garden and yard trash, household trash and rubbish col lections will be made at the front property line adjacent to the street. Collector shall be required to pick up garden and yard trash in an amount not to exceed five (5) feet in height, five (5) feet in width. and five (5) feet in length, at any regular pick -up, and shall not Include branches which are more than three (3) inches In diameter or five (5) feet in length. The Collector shall not be required to pick up more than one(l) large piece of furniture or appliance per single family dwelling unit at any regular pick -up, Where a container is available to the customer, such Items shall be placed in the container, 2. PAGE 2 OF 4 PAGES Any other accumulation of garden and yard trash, household Crash or rubbish may be picked up by the Collector at a rate and at such times as the customer or City may negotiate with the Collector. Notbing contained herein shall prevent the customer from removing Industrial wastes or unlawful accum- ulations of garden and yard trash himself to a proper place of disposal. a. Section 8 of the Agreement is further amended by the addition of the following sentence to sub - paragraph (c), entitled "Commercial and other containerized garbage, rubbish and trash: "Whenever possible, containers shall not be placed or located on any street, road or highway right of way. " 5. Section 11 of the Agreement, entitled "Work hours and holidays, " shall be amended by the addition of the following sentence at the end of the paragraph: "Collections In residential areas shall not continence earlier than 7:00 o'clock a. m. G. Section 19 of the Agreement entitled "Contract price" Is amended by the deletion of sub - paragraph (d) and by the addition of the following new sub- paragraph (d): "(d) New commercial customers Any new commercial customers who begin operations within the City of Cape Canaveral, Florida, after May 1, 1973, are not included in the Initial contract rates set forth herein. it is contemplated by the City and Collector that such new commercial customers shall be added to the contract price at the following rate: Monthly container rental plus $1.92 per yard, based on the size of the container times the number of pick - ups per month. It is contemplated by this contract that the normal pick -up for 3. PACK 3 01' 4 PAGES f ° MICROFILMED 4-10-80 new commercial business described in this paragraph shall be a minimum of two per week. In the event that the City Manager and Contractor agree that the commercial rate shall not apply, the following rates shall be applicable for certain commercial uses, I.e. , professional offices, etc. - $6. 05 per month. All such adjustments to the contract price hereunder shall be made on the first day of the following month. " 7. Section 19 of the Agreement is further amended by the addition of the following sub-paragraphs; "(g) In the event that the Collector and City Manager agree that special containers with wheels are req uired for any customer, the monthly container rental charges shall be $16.00 per special container. (h) In the event the Collector must return for the pick-up of any container, because said container was inaccessible so as to prevent regular pick-up, or when requested to so return by the customer, the Collector may charge a fee of $20. 00 for every such return call. It is intended that the Collector shall first notify the City Manager that such a container is inaccessible before he returns to pick up said container." IN WITNESS WHEREOF, the parties hereto have caused this written ,.:�,.•,. agreertmr�t�tb�,be executed this 19th day of June , 1974. i0 Y ,°°• �;4, CITY OF CAPE CANAVERAL • By .2j off• , ayor Pro Tem iAtte Ci 6hcle,t15„ R t :' .HMA N, IN „,;w1i1iuin;:Y. By ' ` , _ ..,. %, . Pr-sident a i 1 �Y ' A Y gir �F 4. PAGE 4 of 4 11 `., WOLFMAN AND SCOTT,P.A.,POST OFFICE BOX 513,MERRITT ISLAND,FLORIDA 32952 ,. _rk F- ' May 15, 1974 The attached container list will become a part of the First Addendum To The Garbage and Rubbish Collection Agreement (between Rubbish Man, Inc. and the City of Cape Canaveral), to become effective May 1, 1974. I have personally checked out the location and size of each container listed. Albert 1*1 City Manager Number Number Location of Container of Yards of Container Westburg's Texaco Avon Apartments Cape Shores Cape Shores Belcher 011 Pollution Control Facility Pollution Control Facility Camelot Inn Restaurant Freedom Center Standard 011 Station Kiser. Texaco Station Victorian Apartments Victorian Apartments Colonial House Apartments Colonial House Apartments Plaza Apartments Plaza Apartments Plaza Apartments Plaza Apartments Plaza Apartments Plaza Apartments IBM First National Bank of C.C. Aerofoil Stripers & Cleaners Communicable Chrysler Diversified Electronics Auto Center Boeing Croydon Crystals Gould Seven Seas Restaurant Seven Seas Restaurant TRW Systems Jody's Papa Sol -s Cape Shores Cape Shores Cape Shores Cape Shores Cape Shores Cape Shores Cape Shores Cape Shores Cape Shores George's Steak House Georgets Steak House Golden Dolphin Jack Starr Texaco Station -1- Location of Container. Majic Market (AlA) Tenneco Service Station Sea Cindy Apartments Ben -Kori American Station Cape Market Cape Market Shell Service Station Atlantic Gardens Brevard Engineering Optics Port Canaveral Marina Post Office Canaveral. Corporation Avon Terrace Apartments Starland Terrace Apartments Granada House (Johnson Avenue) Atwood Apartments Granada House Johnson Avenue) Granada House Grant Avenue Granada House Grant Avenue Tiki Apartments Johnson Apartments Cape Canaveral Hardware Plumber (Lincoln Avenue) Siesta Gardens Apollo Apartments Apollo Apartments Buchanan Apartments Cana del Mar Apartments Pearl of the Sea Apartments Capetown Apartments Driftwood Apartments Driftwood Apartments Canaveral Palms Sand Pebbles Windjammer Windjammer Windjammer Driftwood Apartments Cardinal Apartments Driftwood Apartments Murphy Apartments Murphy Apartments Canaveral Horizon Lamp Post Apartments Murphy Apartments Murphy Apartments Nova Apartments Annex Apartments Number of Yards Number of Container 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 96 9 9 100 101 102 103 104 105 lob 107 108 log 111 112 113 11!{ 115 116 117 on wheels 118 on wheels; 119 120 121 122 123 124 125 126 127 128 129 130 -2- Location of Container Canaveral Shores Apartments Harrison Apartments Treasure Beach Apartments Morgan Manor .Cape Canaveral Fire Department Dotty's Bar Moon Hut Restaurant Car Wash Lamp Post Lounge Laundermat Casa de Noche Cape Canaveral City Park C & H Apartments C& H Apartments C & H Apartments Monroe Apartments Four Winds Apartments C & H Apartments C & H Apartments Jefferson Apartments Smith's Nursery Time -Saver (401) Haskey Corporation Murphyla Apartments Avon Arms Apartments Century Apartments Murphy Apartments Sabal Palms Apartments Cape View Apartments Playground Ebb Tide Apartments 7/11 (401) Strawhat Club Shelton (Boy's Dorm) Breakers Apartments Breakers Apartments Barbizon Plaza Beach Club Apartments Chandler Apartments Seaview Apartments Seaview Apartments Seaview Apartments Seaview Apartments Seaview Apartments Seaview Apartments Cape Shores 60 Minutes Cleaner Foxyls Bar Number of Yards Number of Container 131 132 133 134 135 13776 1 38 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 1511 155 156 157 158 159 16o 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 -3- Location of Container Number of Yards Number of Container Palms Palms East East Apartments Apartments 3 180 Special Container Palms East Apartments 3 3 181 Special Container Palms East Apartments 3 182 184 Special Special Container Container Palms Palma East East Apartments Apartments 3 181 Special Container Palms East Apartments 3 3 185 186 Special Container Palms East Apartments 3 187 Special Special Container Palma East Apartments 3 188 Special Container Palma East Apartments 3 189 Special Container Container Palma East Apartments 3 190 Special Palms East Apartments 3 191 Special Container Palms East Apartments 3 192 Special Container Palma East Apartments 3 193 Special Container Palms East Apartments 3 191; Special Container Palms East Apartments 3 195 Special Container Palms East Apartments 3 196 Special Container Palma East Apartments 3 197 Special Container- Palma East Apartments 3 198 Special Container Palma East Apartments 3 199 Special Container- Palma East Apartments 3 200 Special Container Palma East Apartments 3 201 Special Container Palms East Apartments 3 202 Special Container Palma East Apartments 3 203 Special Container Phillips 66 Container Beach Street Ends - Johnson 2 1 204 205 - Lincoln 1 206 - Buchanan 1 207 - Pierce 1 208 - Pillmore 1 209 - Polk 1 210 - Taylor 1 211 - Tyler 1 212 - Harrison 1 P13 - Jackson 1 214 - Monroe 1 215 - Madison 1 216 - Jefferson 1 217 - Adams 1 218 City Hall - Adams 1 219 Beach Street Ends - Pillmore 1 1 220 221 - Polk 1 222 - Pierce 1 223 - Buchanan 1 224 - Lincoln 1 225 - Johnson 1 226 Total Actual Containers ........ 173 55- gallon drums at city Hall & Beach Street Ends ........................ 22 TOTAL ................Tg5 -4-