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Home My WebLink AboutResolution No. 1980-57 , - • 'I r• , .. ,,-- .,1 '• .. MICROFILMED 1-18-83 It . .. . ,.. . .--, hef- . I h., .. .,, RESOLUTION NO. 80-57 A RESOLUTION AUTHORIZING THE MAYOR AND THE ' CITY CLERK OF THE CITY OF CAPE CANAVERAL, FLORIDA TO ENTER INTO AN AGREEMENT WITH FLECKINGER REFUSE, INC. TO AMEND THE GARBAGE AND RUBBISH COLLECTION AGREEMENT DATED APRIL 21 , 1978; PROVIDING AN EFFECTIVE DATE , , [I] BE IT RESOLVED by the City Council of the City of Cape Canaveral , Florida,, as follows: SECTION 1 . The Mayor and the City Clerk are hereby authorized to execute an Agreement with FLECKINGER REFUSE, INC. to amend the Garbage and Rubbish Collection Agreement, a copy of said Amendment being attached hereto and made a part hereof by reference. SECTION 2. This Resolution shall become effective immediately upon it adoption. ADOPTED by the City Council of the City of Cape Canaveral , Florida this 6 day of January ,1981 . - - CriAVE 441 ' 1 ,I.':, _:::-:(0'` ,.-:::.•..:74, 'it' -.4, TR , V ,-:,,, ,,,,,,,, „:,,,,--, : '• -"•-", ''V36-1`:-e—// !!::', ;--e,:- %:,*<' • ir—ig. 1.1::::-:; '`..‘;',c''';etr!, ' ,,,,P-Ls?. .-' ''.',' ,,li.,:::.:1,4 '.....0!:*:,4".--",'• , ,,,,,:-.4 -.,; ''.. ''';'.?ri,.• ';',5.-!;`, -",,...e/. .-'' - lit, / •',..43Wt,44_,.....tc.--*,,,it,, ...-i'Approvc# as to form: / .e.- - ../-Y—:-414141 etiMeNdiup Cili0;0Vt, "ey NAME YES NO [I rill memBOYD INIIIIII . MURPHY A RUTHERFOI 1X •I MICROFILMED 1-18-83 GARBAGE AND RUBBISH COLLECTION AGREEMENT AMENDMENT a THIS AGREEMENT made and entered into this 9 day of January r94 1981 , by and between the CITY OF CAPE CANAVERAL, a municipal corporation duly organized and located in Brevard County, Florida, hereinafter referred to as the "City" and FLECKINGER REFUSE, INC. , hereinafter referred to as the "Collector", WITNESSETH: 1 The City and the Collector, in consideration of the mutual covenants , agreements and consideration contained herein, agree as follows: SECTION 1 . Paragraph 18, Changes in the Cost of Doing Busi- ness, of the April 21 , 1978 Garbage and Rubbish Collection Agreement is hereby deleted in its entirety and replaced with the following: 18. CHANGES IN COST OF DOING BUSINESS The contract price will be adjusted up or down to compensate for any change in the cost of living. This adjustment will be paid in the specific amount of escalation not to exceed the lesser of the computa- tion in paragraph 2 below, or ten percent (10%) per annum on the base year contract price. (a) (1 ) Adjustment of contract price The contract price to be paid to the Collector during each year, beginning May 1 , 1980, shall be adjusted by any change in the cost of living determined in accordance with the formula set in subparagraph (2) below, but not to exceed ten percent (10%) per annum on the base year contract price. (2) Computation of adjustment in contract price. As promptly as practicable at the end of each contract year, beginning with the end of contract year ending April 30, 1980, during the term of this agreement, or any extension thereof, City shall compute the new contract price, using as the basis of such computation the "Consumer Price Index" U.S. City Average "all items" (1967=100) , hereinafter called the Index, published by the Bureau of Labor Stati- stics of the United States Department of Labor. RESOLUTION NO. 80-57 PAGE 2 OF 4 ICROF I LMED 8$ . . The Index number for the month of February, 1978 shall be • the "base Index number" and the corresponding Index number for the month of February in the year of .each anniversary of this agreement, or any extension thereof, shall be the current Index number. Beginning May 1 , 1980 and each year thereafter, the new contract price shall be determined by dividing the current Index number (CIN) by the base Index number (BIN) , in accordance with the following formula, dropping all digits after the hundredth: • The new contract price = (CIN) X the base year contract price (BIN) as adjusted in paragraph (c) below. Any portion of the change in the annual contract price retroactively due shall be payable within five (5) days after the computation hereunder has been made. Appropriate adjustment shall be promptly made in case there is a published amendment of the Index figures upon which the computation is based. If publication of the Consumer Price Index is discontinued, the parties hereto shall accept comparable statistics on the cost of living as computed and published by an agency , of the United States or by a responsible financial periodi- cal or recognized authority then to be selected by the parties. (b) Increase or decrease in the standard Workman's Compensation Insurance Tate without experience modification based on actual payroll May 1 , 1978, in the month following the change. (c) Addition or delection of billed refuse accounts including [1/ I residential , business and commercial which result in the placement or removal of containers. Contract shall be adjusted in the month following such placement or removal . (d) In the event the Collector experiences an extraordinary expense he shall have the right to appear before the City Council of Cape Canaveral and petition them for an increase in the rates. RESOLUTION NO. 80-57 PAGE 3 OF 4 . I . MICROFILMED 1.18-83 . , IN WITNESS WHEREOF, the City and the Collector have executed this Amendment as of the day and year first above written. CITY OF CAPE CANAVERAL -rp... BY M / / • fe , . —?-- / • 0' - — 14., .' ..!,...,,..i,f,„ •• , ,„7 7 :,' ) . ',. , ' ....... '4 gP4;1'`.7;..',-, ' ''rj".•r'-.•'(-) -1, ' A ;','ft> •iO:, .'' ' - i"7,,, ..9-'• ATTES•T:X,V_Pli '''.1%. ,,,,..';''':, ,,v.,,T1. \§ _ 1 ,r ,;,6.4,,..;, ,, ,,,, ,/i.0 ,.•,.- ,. ..•,--.e.".,, .., - .4-,;,,i5:ii„,./, , .,..,,,,,; ,, , .ir. ,r--..,,' •,...-,..,-,,...• /,- , --,- ,- , . - AC TIRG,',iCI TY•4 LER K,..,,,,,,T.t.._ / ' -,,';• ,,:::01 V-:. v 0-4AVH., 0V6bOAS TO FORM: / AKelwirel 4......4 IIIIIPP.iv Fi)Fr Air ERNEY i /r FLECKINGER REFUSE NC. -Alley L.,-;•://n irlre,.. "dr ('' 2 BY/a`, -__..di .......g- ' I e ATTEST: 40°I°K .,4 „„..„„k„, [II RESOLUTION NO. 80-57 PAGE 4 OF 4