HomeMy WebLinkAboutResolution No. 1973-45 r •.
• _ . MICROFILMED
4-10-80 =
,
' RESOLUTION NO. 7343;
A RESOLUTION AUTHORIZING THE CITY OF CAPE
CANAVERAL TO ENTER INTO AN AGREEMENT WITH
RUBBISHMAN, INC. , FOR THE COLLECTION OF
GARBAGE AND TRASH.
r
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 author-
1...) ized to execute the agreement entitled "Garbage and Rubbish Collection
Agreement", a copy of which is attached hereto and made part hereof,
which agreement provides for the collection of garbage and trash in the
City of Cape Canaveral by Rubbishman, Inc. , commencing
SECTION 2. This Resolution shall become effective
immediately upon its adoption by the City of Cape Canaveral, Florida.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF
CAPE;CANAVERAL, FLORIDA, THIS 2ND DAY OF OCTOBER , 1973.
-,::,..1%----,,,,--‘.,,,,,,,
a
p
,,_ . —7/ /
`?7 _ I:
� ,� �,�- �:.� .;.;y.. May. '
Attest:
r
-41 ,,./. . ,. 41-:
ity`'eget /
Ap.. eved as to form:
NAME YES NO ABS
- , MACLAY IV
- _
1 RHAME ✓
RUTKOWSKI t�
SALVAGGIO ✓
,THURM '�
t
RES 7 3- Lf�s �.�...
Cove'-'- ,
GARBAGE AND RUBBISII COLLECTION AGREEMENT
THIS AGREEMENT, made and entered into this zndday of October
1973, . by and between the CITY OF CAPE CANAVERAL, a municipal
corporation duly organized and located in Rrevard County, Florida, here-
inafter referred to as "City" and RUBBISHMAN, INC., hereinafter referred
to as the "Collector ",
NITNESSETII:
The City and the Collector, in consideration of the mutual
covenants, agreements and considerations contained herein, agree as
follows:
SECTION 1, Definitions:
(a) "City" shall mean the City of Cape Canaveral,
Florida.
(b) "Collector" shall mean Rubbishman, Inc.
(c) "Garbage" shall mean all solid and semi -solid
kitchen refuse subject to decay or putrification and all refuse of
animal, fruit or vegetable matter which was intended to be used
as food and by- products of the preparation and packaging of such
food,
(d) 'Rubbish /trash" shall mean all waste material
other than garbage, excepting industrial wastes,
(e) "Industrial Wastes" shall mean any and all
debris and waste products generated by canning, industry,
manufacturing, food processing (except restaurants), land clear-
ing, building construction or alteration (except "do it yourself'
projects) and public works type construction proj ects, whether
performed by a governmental unit or by contract, and including
waste petroleum products and other chemicals,
(f) "Customer" shall mean person or persons, firm,
corporation or association who shall place garbage or trash or
rubbish for pick -up and disposal by the Collector,
L I U h ��
(g) 'Residential unit" shall mean any structure or
shelter or any part thereof used or constructed for use as a
residence of on Of, tamit IES.
(h) "Multiple dwelling unit" shall mean any build-
ing containing more than two permanent living units but not
Including motels.
(1) "Commercial establishment" shall mean any
building or usage not included under single family or multiple
dwelling unit definition as set forth herein.
(j) " Performance bond" shall mean performance
security approved by the City and furnished by the Collector as a
guaranty that the Collector will execute the work in accordance
with the terms of the contract and will pay all lawful claims.
(k) "Surety" shall mean the party who is bound
with and for the Contractor to ensure the payment of all lawful
debts pertaining to and for their acceptable performance of the
contract.
SECTION 2. Scope of Contract
It is intended that the Collector under this Agree-
ment shall provide total garbage service for the City, which shall include
the collection of all garbage, rubbish and trash, including commercial
garbage, rubbish and trash for all persons or businesses within the City
of Cape Canaveral, but does not include industrial wastes.
SUCTION 3. Length of Contract:
This contract shall be for a period of five (5) years,
commencing on May 1, 1973.
SECTION 4. Performance Bond:
The Collector shall furnish a performance bond, or
other surety satisfactory to the City as a guaranty of performance under
this Contract. Said amount of bond is to be calculated as follows: first
2. RES 13`45
..,.r .,.... r ..,.x ..". w .....,r .......,........... PAGE R OF I -� _.
year of contract, 3/12 of the annual contract fee; second year of contract,
2/12 of the annual contract fee; third year of contract through fifth year
of contract, l /12 of the annual contract fee.
SECTION 5. Equipment:
The Collector agrees to furnish all equipment. In-
cluding containers and vehicles as shall be required to perform this
contract. The Collector agrees to furnish initially one hundred and
fifteen (115) containers and it is agreed that these initial containers shall
be furnished to the City at no additional cost or unit rental and shall be
Included in the contract fee.
In the event that additional containers may be re-
quired, these will be supplied by the Collector, based on the rental
schedule set forth hereinafter.
The Collector hereby agrees to keep all of the
equipment in a sanitary condition and in a state of good repair. The
Collector also agrees that the vehicles which he uses under this contract
will provide sufficient protection so that debris does not spill from said
vehicles, and in the event such spillage does occur, the Collector shall
immediately provide the required clean -up.
The size and number of the containers to be sup-
plied by the Collector shall be agreed upon by the City Manager of the
City of Cape Canaveral and the Collector.
SECTION G. Schedule of collections:
The Collector shall furnish the City Manager of the
City of Cape Canaveral a schedule of routes and collections fifteen (15)
days prior to the date of commencement of this contract. These
collections will be scheduled to include the minimum amount of service as
required by the City.
(a) Residential and trailer parks: two (2) garbage
collections per week;
3. Ea 73' L4 S_
(b) Residential and trailer parks; one (1) trash and
rubbish collection per week;
(c) Commercial collection of garbage, rubbish and
trash; as shall be required;
(d) The Collector may modify the routes and
schedule of collection as provided herein at any time upon giving
thirty (30) days notice to the City Manager of the City. if the
City Manager determines that the rescheduled service is in-
adequate, he shall require the Collector to resume the original
schedule submitted. The Collector may have seven (7) days to
begin complying.
SECTION 7. Two -wav radio communication:
Collector shall supply all of its vehicles with two -
way radio communication, which will include a de -in at Cape Canaveral
City Ball, it is agreed that the City Manager may provide direction to the
employees of the Collector as may be required for the correction of
customer complaints. The Collector agrees that its employees shall
respond to said direction from the City Manager without further approval
from the Collector.
It is also agreed by the Collector that the City shall
retain ownership and possession of the two -way radio equipment supplied
to it by the Collector at the end of the contract period, at no cost to the
City.
SECTION 8, Place of pick -up:
(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. Garbage cans shall be returned by
the Collector to the place they were located upon pick -up. No
collection of garbage will be made within any fenced in yard or
4. RES'13-` --
enclosed area to place the garbage containers in an area which
Is easily accessible to the Collector on collection days.
(b) Residential trash: Trash or rubbish collections
will be made at the front property line adjacent to the street.
(c) Commercial and other containerized garbage
and trash: Commercial and other containerized garbage, rubbish
and trash collection containers shall be located on the property of
the customer at a location to be approved between the customer
and the Collector, in the event location is in dispute, the City
Manager will act as an arbitrator in settling such disputes. The
containers will be easily accessible by Collector's vehicles.
SECTION 9. Collector's local office:
The Collector shall maintain an office within the
County of 13revard, Florida, and shall a npioy at Aupervlsor to serve as
liaison between the Collector and the City. The Collector agrees to provide
adequate storage space for its equipment and vehicles at a site to be selected
by the Collector.
The City agrees that the Collector shall be exempt
from the requirements of any City occupational license tax.
SECTION 10. Special services;
The Collector agrees to provide special garbage,
trash and rubbish pick -up and clean -up throughout the City, including areas
alongside the City rights -of -way for special events, fairs, celebrations,
etc., at a fee to be negotiated between the City Manager and the Collector
for each such special event.
In addition, the Collector shall provide service to
all existing municipal facilities as may be required at no additional cost to
the City. ']'his includes garbage, rubbish and trash pick -ups at City Hall,
Police and Fire Departments, Recreation ILpartment and trash containers
at the street ends on the beach, but does not include clean -up or pick -up on
the beach. RES
'' PAGE 5 OF la
SECTION R. Work hours and holida
The Collector agrees to provide uninterrupted
collection service five (5) days per week (Monday through Friday), eight
(8) hours per day, fifty -two (52) weeks per year, except when so prevent-
ed by an act of Cod such as severe wind or rainstorm, hurricane, etc.
The Collector shall not be required to maintain said service on the
following holidays: New Year's Day, Memorial Day, Fourth of July,
Labor Day, Thanksgiving and Christmas, although the Collector, at its
discretion, may provide collection a day early or a day later than the
prescribed holiday.
SECTION 12. Disputes:
The Collector and the City Manager shall resolve
all disputes that pertain to performance under this contract. in the event
the City Manager and the Collector are unable to resolve such a dispute,
they shall select a third party satisfactory to each of them to assist in the
IN THE EVENT THE CITY M444GER AND THE COLLECTOR CANNOT AGREE
arbitration of such dispute. /The parties hereto agree that such disputes IN THE SELEC-
TION OF A
shall be resolved by a majority decision as may be reached by the City THIRD PARTY,
THE CITY MANAGER
Manager. Collector and said third party. AND THE COLLECTOR SHALL
EACH SELECT AN ARBITR-
SECTION 13. Cancellation Or ternil nation of contract: ATOR AND THE TWO ARBITR
ATORS SHALL THEN SELECT
A THIRD ARBITRATOR.
If, in the opinion of the City Manager, performance
of the Collector is unsuitable or unsatisfactory and the City Manager has
sufficient evidence of such unsatisfactory performance, the City shall be
able to terminate Its obligation under this contract by giving the Collector
ninety (90) days notice of such intent of cancellation. The Collectoragrees
that upon the expiratl on of ninety (90) days notice aforesaid, the City shall
have the right to take over the work and take possession, without further
notice to Collector and without judicial proceedings, any and all equipment
belonging to the Collector and used by the Collector in the performance of
the terms of this contract. 7'he City shall have the right to use said equip-
ment for a period of ninety (90) days after the effective date of said
G. r_,� 13 - t.5
r;.uL G Ur I�
termination or cancellation at no cost to the City. During this period of
time it shall be the responsibility of the City to provide the necessary
maintenance on said equipment and to provide the necessary employees
to operate said equipment. At the end of the ninety (90) day period, the
Collector agrees to give the City the opportunity to purchase said equip-
ment at a price to be negotiated between the City and the Collector.
Such cancellation or termination of the contract by the City shall not
relieve the Collector or surety of liability for failure to faithfully perform
this contract and in case the expense incurred by the City in performance
or causing to be performed the services provided for in said contract,
then the Collector and the surety to the extent of its obligation, shall be
liable to the City in the amount of such expense in excess of the contract
p rice. Collector's surety or security will not be released until such time
as the term of this contract would otherwise have expired.
SECTiON 14. Character of workmen and equipment:
The direction and supervision of garbage and refuse
collection shall be by competent, qualified and sober personnel and the
Collector shall devote sufficient personnel, time and attention to the
direction of the operation to assure performance satisfactory to the City
Manager. Any employee of the Collector who misconducts himself or is
incompetent or negligent in the clue and proper performance of his duties
or is disorderly, dishonest, drunk or grossly discourteous shall be dis-
charged upon receipt by the Collector of a written request of the City
Manager that such action be taken, The City shall be required to specify
reasons for the request. No such discharged employee shall be reemploy-
ed by the Collector without the written consent of the City.
SUCTION 15. Compliance with law:
The Collector shall comply with all statutes and
ordinances of the City of Cape Canaveral, Brevard County and the State of
7. h eS 13- `+ s
FAUN ur ID
Florida as they may affect its operations In this contract. The passage of
any new legislation that may directly affect the Collector's operation here-
under adversely shall require renegotiation of the portions of this contract
directly affected.
SECTION 16. Assignment:
The Collector shall not assign or sublet any
portion of this contract without the express written permission of the City
Council, The City Council shall not unreasonably withhold their permis-
sion for such assignment.
SECTION 17. Insurance:
The Collector shall provide and maintain, during
the life of this contract, Workmen's Compensation Insurance for all of its
employees employed in the performance of this contract. The Collector
shall also provide and maintain during the life of this contract, at his own
expense, such public liability and property damage insurance as shall
protect It from any and all claims which may arise from operations under
this contract. In all such policies the City shall be named as an additional
Insured at no cost to the City. The amounts of such Insurance shall be
public liability $300, 000.00/$300, 000.00 and property damage 900,000.00/
$300p00.00. The Collector shall not commence work under this contract
until he has obtained all such insurance and shall be able to furnish the
City Manager, prior to the start of such operation under this contract,
satisfactory proof of such insurance. Should the Collector fail to provide
such insurance during the term of this contract, the City may secure same
In the name of the Collector and deduct the full amount thereof from the
payment or payments next due to the Collector.
SECTION 18. Exclusive contract:
The City shall permit no other person, firm,
corporation or organization to offer the same or similar services con-
templated under this contract, during the term of this contract, unless the
City has terminated or cancelled the contract in accordance withftN IS _4S
8 t��
w�,.. �. �. �,,. �„ rr.,•...,. �. r,,.,• ��r„ x�,:,. �., ,,,,r „�,..�,,..,.,,,,�,.�u „kAGE g OF I�
provisions hereof.
SECTION 19. Contract price:
(a) The City shall pay the Collector as compensa-
tion for performance of this contract, subject to any conditions or
deductions as provided hereunder, the sum of Ninety thousand dollars
($90, 000.00) per year, to be paid to the Collector in equal monthly
Instalments, on the tenth (loth) day of each month. First payment under .
this contract shall be due on June t0, 1973, and on the 10th day of each
month thereafter.
(b) Due to the fluctuations in the national economy
and the growth of the City, It is recognized by the City that the annual
payment due the Collector should be subject to certain adjustments to
provide for such changes. Therefore, the payments due the Collector
shall be adjusted as follows:
(1) Changes in the Bureau of Labor Statistics Consumer Price
Index: in the event the Bureau of Labor Statistics Consumer
Price Index - U.S. City Average News Series, including single
workers, all Items, shows a movement of one point or more
from the base index figure furnished by the Bureau of Labor
Statistics, as of February 1st of each year, payments under
this contract will be adjusted by one per cent (17.) of the total
contract price for each one point of the index figure up or down.
Fractions of one per cent (17.) will not be considered in making
such adjustments. Any such adjustments hereunder shall be
made at the beginning of each contract year, Le., the first
adjustment will be made on May L 1974.
(it) Changes in manual rates Workmen's Compensation: The
City recognizes that the State of Florida may change the manual
rates for the various classifications of employees of the
Collector and that such changes are beyond the control of the
9. h Es 3-y
w.,...�...�:, .��.r..•......er �....:„ .. „x �r�....r :...,w�..�.,.., PAUL °� UV
Collector; therefore, at the commencement of work by the
Collector, he shall file with the City Manager a copy of his
Workmen's Compensation policy, At such times as the manual
rates published by the Florida Compensation Rating Bureau are
Increased or decreased, corresponding changes will be made
In the contract price. The adjustment provided for here does
not Include or mean Individual experience modification of the
manual rate. Any such adjustment shall be made on the first of
the month after such change has occurred.
(iii) land fill dumping rates; In the event of an increase or de-
crease in any of the land fill dumping rates over which the
Collector has no control, such control price shall be adjusted
accordingly on the first of the month following said change,
(iv) Additional container rates: The Collector agrees to Initial-
ly provide one hundred and fifteen (115) containers. In the event
It is determined by the C1 ty Manager and the Collector that
additional containers are required, the following rental fees
shall be charged by the Collector to the City:
2 cubic yard container - $10,00 per month;
3 cubic yard container - $12.00 per month;
4 cubic yard container - $14.00 per month;
6 cubic yard container - $16.00 per month;
8 cubic yard container - $19.00 per month.
(c) Factors to measure change In size of City: On
the first day of each month, the contract payment shall be adjusted to
correspond with the construction of new buildings, and the demolition of
old buildings. The proof of construction of new buildings will be by
certificate of occupancy and the proof of demolition will be by demolition
permits, both of which are issued by the Building Official of the City. The
following amounts will be added to or deleted from the contract price:
Single family residence $3.25
Mobile home lot $2.50 vacated or occupied
10. RJrz 73- 4J
YAbr-
mo. w......
Apartment houses of S or
less units $2.50 per apartment
or unit vacated or
occupied
Condominiums $3.25 each condominium
unit vacated or occupied.
it is contemplated that the City shall pay this amount per month to the
Collector until the property involved has been assessed by the Brevard
County Tax Assessor and is placed on the tax rolls. Once the property Is
placed on the tax rolls, adjustment to the contract price shall be made.
The structures included in this paragraph include single family dwellings,
mobile homes, multi - family dwellings, motels, hotels and does not include
commercial customers.
(d) New commercial customers: Any new
commercial customers who begin operation within the City of Cape Canaver-
al. Florida, after May 1, 1973, are not included in the initial contract
rates set forth herein. it is contemplated by the City and the Collector that
such new commercial customers shall be added to the contract price at the
following rates: $1.75 per cubic yard of the actual garbage, trash and
rubbish collected, plus the monthly container rental as may be required.
in the event the City Manager and Collector agree that the commercial
rate shall not apply, the following rates shall be applicable for certain
commercial uses, I.e., professional offices, etc. - $5.50 per month. All
such adjustments to the contract price hereunder shall be made on the
first of the following month.
(e) Rates for any other extraordinary or special
services or pickup as may be desired by the customer or the City, shall
be negotiated with the Collector as required.
(f) School collections: All rates to be charged for
the collection of garbage, rubbish and trash for public schools owned and
operated by the Brevard County ]bard of Public instruction shall be
negotiated between the Collector and said Board. if desired, these rates
1.
kES 13-`Is
1 Q
-MICROFILMED
41
may be added to the City billing and, in turn, the City shall bill said
rates to the Board of Public Instruction.
SECTION 20. Geographic scope of contract: It is the intent of
this contract that the Collector shall provide total garbage, trash and refuse
collection to all those customers within the geographic confines of the City
of Cape Canaveral, Florida, and as those bounelaries from time to time may
change, subject only to the provisions provided in the schedule of rates.
This contract contemplates initial services to be provided to all those
persons or businesses in existence as of May 1, 1973.
IN WITNESS WHEREOF, the parties hereto have caused this
written agreement to be executed as of the day and year first above written.
C' ' 1 Ve-ii;!, CITY OF CAPE CANA VERA FLORIDA
Y,•
♦C •• -
01
LZ i r-,. • y
C' f
, ,
q o' ._.f Mayor Air V
.000001011111."--- -4011111111
R :BISHMAN,
By =
Pr-si•ent
Attest:
Secretary
141 616 LLS
12. leAtit a °2
WOLFMAN AND SCOTT,P.A.,POST OFFICE BOX 513,MERRITT ISLAND,FLORIDA 32952