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91-R-21RESOLUTION NO. 91-R-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A CONTRACT BETWEEN THE CITY OF EDGEWATER, FLORIDA, AND SOUTHARD ENTERPRISES, INC. TO PROVIDE CURBSIDE COLLECTION OF RECYCLABLE MATERIALS FOR A TERM TO END SEPTEMBER 30, 1993; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Edgewater, Florida, solicited bids for providing curbside recycling services in the City of Edgewater and Southard Enterprises, Inc. was awarded the contract, and WHEREAS, the City Council of the City of Edgewater, Florida, has reviewed the service at the end of six ( 6 ) months and has agreed to extend the contract for a term to end September 30, 1993. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: SECTION 1: The City Council of the City of Edgewater, Florida, authorizes the appropriate officials of the City of Edgewater, Florida to execute a Contract with Southard Enterprises, Inc. to provide curbside collection of recyclable materials for a term to end September 30, 1993. SECTION 2: A copy of said Contract is attached to this resolution and by reference incorporated herein as if fully set forth and marked Exhibit "A". SECTION 3: That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. SECTION 4: That this resolution shall take effect immedi- ately upon its adoption by the City Council of the City of Edge- water, Florida, at a Regular meeting of said Council held on the 6 day of May ,199 1 and approved as provided by law. This resolution was introduced and sponsored by councilman Jones and was read and passed by a vote of the City Council of the City of Edgewater, Florida, at a Regular meeting of said Council held on the 6 day of May , 199 1 , and authenticated as provided by law. ROLL CALL VOTE ON RESOLUTION NO. 91-R-21 AS FOLLOWS: CC�OOU/�NCILPERSON - ZONE TWO / n'�-Ql0�'`� y9J COUNCILPERSON - ZONE THREE COUNCILMAN - ZONE FOUR Approved for form: TAVERIM CITY ATNEY Res. 91-R-21 C D C O N T R A C T This Contract entered into this Ist day of November, 1990, by and between the City of Edgewater, a municipal corporation, hereinafter called the "City" and Southard Enterprises, Inc., a Florida corporation, hereinafter called the "Contractor". W I T N E S S E T H In consideration of the mutual promises of the parties hereto, they do AGREE as follows: ARTICLE I Scone of This Contract The work to be done consists of furnishing all labor, tools, equipment and materials, supplies and services to perform all work and services necessary to satisfactorily collect recyclable material from locations hereinafter described within the City of Edgewater, transport collected recyclable material to the disposal location, and perform all other work or services incidental to recyclable material collection and transportation services in strict accordance with the terms and provisions of this Contract. The work shall be commenced on November 1, 1990 and shall extend through September 30, 1993, unless terminated sooner in accordance with the terms of this Contract. In performance of this Contract, the Contractor binds himself to the City to comply fully with all provisions, undertakings, and obligations hereinafter set forth. ARTICLE II Definitions Whenever the following terms occur in this Contract the interpretation shall have the meaning hereafter given: a. Garbage shall mean and include all putrescible wastes including vegetable and animal offal and animal carcasses. 0 0 'Garbage shall not include sewage, waste oil and similar waste liquids, as well as recognizable industrial by-products from all public and private residences and establishments. b. Ashes shall mean and include the waste products from coal, wood and other fuels used for cooking and heating from all public and private residences and establishments. C. Trash and Rubbish shall mean and include all nonputrescible waste materials, except ashes, including combustible yard materials from all public and private residences and establishments. d. Refuse shall mean and include any combination of garbage, ashes, trash and rubbish. e. Service shall mean and include the complete removal of recyclable material from all public and private residences covered by this Contract, without regard for the degree of fullness of the storage container. ARTICLE III Payment As consideration for performing all work and services set forth in this Contract, and as full consideration thereof, the City agrees to pay the Contractor ONE DOLLAR AND SIXTY CENTS (t1.60) per month for service to approximately SIX THOUSAND TWO HUNDRED (6,200) residential units. There will be no further increases through September 30, 1993. The Contractor shall bill the City monthly based upon actual number of units offered service. The City shall make payment by the 30th of the following month, provided the Contractor presents a proper bill on or before the loth of the month. ARTICLE IV Final Pavment Upon completion of the project and before final acceptance the Contractor must furnish evidence to satisfy the City that all materials used and all labor and other employees working for him on the project have been fully paid. Upon final payment the city 0 0 .is to be released from all liability whatever growing out of the Contract. All prior estimates and payments are subject to correction in the final estimate and payment. ARTICLE V Rate Adjustment The City may at any time by written order, and without notice to the sureties, delete locations listed for servicing. The City may also at any time by written order, and without notice to the sureties, add locations for servicing, and make changes in, and additions to provisions and schedules under this Contract within the general scope thereof and/or in the nature of the work to be performed. ARTICLE VI Minimum Waoe To Be Paid The Contractor shall pay without deduction or rebate, unless expressly authorized by law, not less than the minimum wage established by Federal or State Law, or municipal regulation, during the term of this Contract to all persons employed by him and by any subcontractor in the furnishing of work, labor, or services in the performance of this Contract. The Contractor further agrees that for any breach or violation of the foregoing stipulation, he shall be liable to the City for liquidated damages in a sum equal to the amount of any underpayment of wages due to any employee engaged in the performance of this Contract, which sum may be withheld from any amounts due on this Contract or the same may be recovered in a suit brought by the City Attorney in the name of the City and shall be in addition to damages for any other breach if this Contract. The Contractor agrees that the City Manager may examine his books and records or the books and records of any subcontractor to ascertain the rate of wages paid to any person employed by either. ARTICLE VII Performance Bond and Labor and Material Bond The Contractor agrees to furnish a performance bond with a good and sufficient surety or sureties acceptable to the City in connection with the performance of the work under this Contract in the amount of TWENTY FIVE THOUSAND DOLLARS ($25,000.00). ARTICLE VIII Delays and Damaaes If the Contractor refuses or fails to prosecute the work with such diligence as will insure its completion within the time specified in Article I and in the time specified in agreed to schedules hereinafter provided for, the City may terminate his right to proceed. In such event, the City may require the Surety to fully perform and complete the work in the manner required by the performance bond or the City may take over the work and prosecute the same to completion by contract or otherwise and the Contractor and his surety shall be liable to the City for any excess cost occasioned thereby. If the Contractor's right to proceed is so terminated, the City may take possession of and utilize in completing the work all of the Contractor's materials, tools, appliances, plants, and equipment. ARTICLE I% Insurance The Contractor shall maintain policies providing the following insurance protection, each policy containing a requirement that, in the event of change or cancellation, THIRTY (30) days prior written notice be sent by mail to the City. In each case, a Certificate of Insurance describing the coverage shall be furnished by the Contractor and shall contain appropriate wording to the effect that the policies described cover the Contractor's operation under this Contract. a. Worker's Compensation. Statutory coverage which shall include the filing by the employer with the Division of Worker's 0 0 Compensation the "Notice of Full Coverage of all Occupational Diseases" as provided by statute. The Contractor shall require any and all subcontractors similarly to provide Worker's Compensation Insurance for all of the latter's employees who are engaged in such work unless such employees are covered by the protection afforded by the Contractor's insurance. b. Liability Insurance applicable to the job in question in an amount not less than $1,OOO,OOO for all personal injuries, death or property damage, per occurrence arising during the policy period. The City to be named as an additional insured. C. Automobile Public Liability and Property Damage. Insurance with limits of ONE MILLION DOLLARS (R1,OOO,OOO.00) per person in any ONE (1) claim, and subject to that limit for each person, ONE MILLION DOLLARS ($1,OOO,OOO.00) for TWO (2) or more persons in any ONE (1) accident for bodily injury liability and ONE MILLION DOLLARS ($1,OOO,OOO.00) for property damage liability on the comprehensive form covering all owned, non -owned, and hired automobiles which will be used in connection with the work to be done under this Contract, and which are or are not for use exclusively on the premises at which the work under this Contract is performed. d. The Contractor may purchase at its own expense such additional or other insurance protection as it may deem necessary. Maintenance of the required minimum insurance protection does not relieve the Contractor of responsibility for any losses not covered by the above required policies. ARTICLE X Permits and Licenses The Contractor shall obtain, at his expense, all permits and licenses required by law or ordinance and maintain the same in full force and effect. ARTICLE XI Area Included in this Contract The Contractor shall furnish recyclable material collection 0 0 service to all residential units within the City limits. ARTICLE %II Refuse Collection a. Recycling service shall be provided to all single family, TWO (2) family and multi -family units which the City has in the past served or would serve under existing or to be adopted regulations of the City. Service shall not be provided to any commercial user or users with dumpster service. b. Pick up of recyclable materials shall be on one of the normal refuse collection days between the hours SEVEN o'clock (7:00) a.m. and SEVEN o'clock (7:00) p.m. If said collection day falls on a holiday when normal refuse collection service is not provided by the City, then the Contractor shall provide an alternate recycling collection day which shall coincide with the alternate day chosen by the City. C. The Contractor shall collect all recyclable materials including but not limited to newsprint, aluminum cans, metal cans and glass including clear, brown and green utilizing the City's single bin system. The City will supply said bins to the Contractor. Each bin shall consist of ONE (1) FOURTEEN (14) gallon capacity plastic bin, with approximate dimensions of TWENTY TWO inches by SI%TEEN inches by THIRTEEN inches (22" x 16" x 13"). d. As of June 1, 1991, the Contractor shall collect plastic bottles and corrugated cardboard in addition to the recyclables mentioned in paragraph c. above. e. In the event that the recyclable containers contain unacceptable materials, the materials will not be collected and an explanatory notice will be place in the container. f. The Contractor will be responsible to replace recyclable containers which are damaged through careless or malicious acts of his employees. g. All recyclable materials shall become the property of the Contractor. h. The Contractor shall be required to maintain complete and accurate records and submit monthly reports to the City, including but not limited to, costs of providing the service, amount of recyclable materials picked up by type, total number of set outs per week, average pounds per set out and all other information required by Florida Law. i. The Contractor shall assist the City in preparation of promotional educational material on the benefits of recycling and helpful hints to residents on how to recycle. The Contractor shall be responsible for the distribution of said promotional materials to all service locations. j. The Contractor shall conduct his operation so as to interfere as little as possible with the public use of roads, walks, and entrances to houses, and shall, at his own expense, make such approved temporary provisions as are required to maintain at least ONE (1) lane of traffic. k. All operations of the Contractor upon the premises of the City shall be confined to areas authorized by the City. No unauthorized or unwarranted entry, passage through, or storage or disposal of materials shall be made upon the City's or privately owned premises. The Contractor shall hold and save the City free and harmless from liability of any nature or kind arising from any use, trespass or damage occasioned by his operation on premises of third persons. ARTICLE %III Superintendence by the Contractor The Contractor shall give its personal superintendence to the work or have a competent foreman or superintendent satisfactory to the City on the job at all times during the progress of the work with authority to act for it. ARTICLE %IV Inspection All workmanship and services shall be subject to inspection, examination, and test by an inspector designated by the City at any and all times during the term of this Contract. The City shall have the right to reject defective workmanship and services and to require their correction. Rejected workmanship and/or services shall be satisfactorily corrected without charge therefore. If the Contractor fails to proceed to correct such defective workmanship or services, as hereinafter provided for, the City may proceed with such corrective work and all direct costs' occasioned in the performance of such corrective work shall be withheld and deducted from any payments due the Contractor. ARTICLE XV Facilities a. The Contractor shall maintain an office equipped with telephone service and such attendants as may be necessary to receive and handle complaints or to receive instructions and directions from the City between the hours of SEVEN o'clock (7:00) a.m. and FOUR o'clock (4:00) p.m., Mondays through Fridays, excluding approved holidays. b. The Contractor shall maintain garaging and maintenance facilities for all equipment in a condition acceptable to the City insofar as zoning, traffic and nuisance considerations are concerned. C. The Contractor shall at all times keep the storage area and the premises used by him free from accumulations of waste materials and rubbish, and prior to completion of the work shall remove any waste materials and/or rubbish from and about the premises. Upon completion of the work, the Contractor shall leave the storage areas and premises in a condition satisfactory to the City. d. Should a transfer station be contemplated, plans therefor shall be approved by the City prior to beginning of construction. The transfer station shall be adequate to withstand normal use; shall be so constructed that no littering will result; shall be easily cleaned; and shall be free of rodent harborage. e. The Contractor shall provide and maintain radio 0 0 communication with all rolling stock used in the performance of this Contract. ARTICLE %VI Washing and Cleaning Equipment a. The Contractor shall maintain equipment and facilities for washing and cleaning his equipment. ARTICLE XVII Reoair of Containers a. If the Contractor determines that a City -owned container or receptacle is in a defective or unserviceable condition, he shall immediately remove such defective or unserviceable container or receptacle from service and return it to the City for repair or replacement at the City's expense. Upon completion of repairs or replacement, the Contractor will deliver the repaired or new container to its original location. If the defective or unserviceable condition was caused by the Contractor or any of his subcontractors, if there are any, the City shall make such repairs or replacement and deduct the cost therefor from the payment due under this Contract. b. Repairs and maintenance of privately owned special containers, standard containers, special commercial containers and special waste receptacles will be the responsibility of the owner. C. Arrangements for maintenance of rental containers will be the responsibility of the customer. ARTICLE %VIII Equioment Reouired by the Contractor a. Trucks and other equipment for collecting recyclable materials from standard containers and special waste receptacles shall have a tightly closed body to keep to a minimum the nuisance of odors during collection and must be water tight to prevent spillage of wet residue of refuse from the truck or other equipment body onto the streets, roads, or grounds. Only truck C O bodies specifically constructed by a recognized manufacturer of this type of specialized equipment for handling of garbage, or other equipment approved by the City, will be acceptable. Sufficient collection equipment shall be maintained and used by the Contractor to perform service in accordance with established schedules approved by the City. b. Trucks and other equipment for collecting and emptying special containers and special commercial containers shall be of standard, recognized design so equipped and operated that containers may be handled without damage. Trucks and equipment must also comply with the provisions of applicable City, State and Federal law and resolutions. C. All trucks and other mobile equipment used by the Contractor in the performance of services shall be painted a uniform color which provides for good visibility and shall be equipped with rear warning lights, and the name of the Contractor shall be prominently displayed thereon. Contractor shall not use a firm name containing "City" or "Edgewater" or other words implying municipal ownership. d. The Contractor shall maintain all trucks and other equipment in a clean and sanitary condition at all times. Each vehicle shall be washed weekly. Each body used to contain and transport refuse shall be washed and cleaned at the end of each day's operation. Each piece of collection equipment shall be well painted at all times and at least once annually. e. The Contractor shall maintain all of his equipment in good working condition at all times. The Contractor shall withdraw from service and promptly repair any piece of equipment which, in the opinion of the City, is unsafe, fails to operate properly or otherwise does not meet other provisions of this Contract. f. All refuse hauled by the Contractor over public streets of the City of Edgewater in open -type containers or vehicles shall be securely tied and covered during hauling thereof so as to prevent leakage, spillage or blowing. ARTICLE XX Site Investiqation The Contractor shall visit the site and determine the nature of the work and the difficulties and facilities attending execution of the work, including those bearing upon transportation, disposal, availability of housing, office and warehouse space, labor, water, electric power, uncertainties of weather, the character of equipment and facilities needed during the prosecution of the work and all other matters which can in any way affect the work under this Contract. ARTICLE XXI Compliance with Citv Ordinances and Regulations The Contractor shall comply with all present or future public health and sanitary regulations of the City. In addition, the Contractor shall comply with all present and future ordinances which have an effect on or regulate garbage and disposal operations within the City. ARTICLE XXII Rate of Prooress a. Notwithstanding any other provisions in this Contract, the contractor shall furnish sufficient forces, plant and equipment to insure the prosecution of the work in accordance with the approved schedules and its completion not later than the respective allowed times for completion as set forth in these Contract documents. Should the contractor refuse or fail to comply with its obligations set forth in the preceding sentence after receipt of any written directive or verbal request by the City that the Contractor furnish additional forces, plant or equipment and/or work additional hours, overtime operations, Sundays or holidays, the City may terminated the Contractor's right to proceed with the whole or any part of the work under this Contract. b. Whenever the City notifies the Contractor of locations which have not received scheduled service, the contractor shall be required to service such locations before SEVEN o'clock (7:00)p.m. when notified prior to THREE THIRTY (3:30)p.m. When notified after THREE THIRTY (3z30Yp.m. the Contractor shall service such locations not later than TEN o'clock (10:00)a.m. of the following day including Saturdays. ARTICLE XXIII Termination All terms and conditions of this Contract are considered material, and failure to perform any of said terms and conditions on the part of the Contractor shall be considered a breach of this Contract. Should the Contractor fail to perform any of said terms or conditions, the City shall have the right to terminate the Contract. ARTICLE XXIV Subcontracting and Assignment Contractors shall not enter into any subcontracts, leases, agreements, or assignment of or pertaining to this collection and disposal contract, or any interest or right herein, either voluntarily or by operation of law, without prior written approval of the City of Edgewater. ARTICLE XXV Administration a. The administration and enforcement of this Contract shall be the responsibility of the City Manager or his designated representative, or representatives. It shall be the responsibility of the City Manager to see that refuse service customers are provided at all time with complete information about the service. b. The City Manager shall recommend for adoption by the City Council, in resolution form, any rules or regulations required to enforce or carry out the terms and conditions of this Contract. C C ARTICLE XXVI Contract Amendments It is the intention and agreement of the parties of this Contract that all legal provisions of law are required to be inserted herein, shall be and are inserted herein. However, if by mistake or otherwise, some such provision is not herein inserted, or is not inserted in proper form, that upon the application of either party, the Contract shall be amended so as to strictly comply with the law without prejudice to the right of either party hereunder. ARTICLE XXVII Antidiscrimination The Contractor, in performing the work furnished by this Contract of furnishing the services provided herein, shall not discriminate against any person seeking employment with or employed by him because of race, creed, color, or national origin. ARTICLE XXVIII Contract Not a Franchise It is the understanding and intention of the parties hereto that this agreement shall constitute a Contract for the collection and disposal of recyclable materials; that said Contract shall not constitute a franchise; nor shall the same be deemed or construed as such. ARTICLE XXIX Neootiation At the expiration of the contract period, October 31, 1991 the City may elect to negotiate for a ONE (1), or TWO (2) year's extension of the Contract. A second ONE (1) year's extension may be negotiated if the ONE (1) year's extension is chosen. 0 0 ARTICLE XXX Liquidated Damages The City shall notify the Contractor of each reported violation of the Contract. It shall be the duty of the Contractor to take whatever steps may be necessary to remedy the cause of the complaint and notify the City within TWENTY FOUR (24) hours after receipt of the complaint, confirming action taken. Failure to remedy the cause of the complaint shall be considered a breach of the contract for the purposes of computing damages under the provision of this section, it is agreed that the City may deduct from payments due or to become due the Contract, the following amounts as liquidated damages (in addition to a deduction of unit prices): (Each occurrence) a. Failure to clean up spilled refuse. $ 50.00 b. Failure to clean vehicles, conveyance, docks, yards, and other equipment as provided in the specifications. $ 100.00 C. Failure to collect recyclable material, after notification by the City, as provided in the specifications. $ 25.00 d. In addition to above, failure or neglect to correct chronic problems will be considered a breach of contract. Chronic complaints shall be construed to be THREE (3) or more similar instances at the same location (residence) within SIXTY (60) day period. f 100.00 e. Failure to return containers to designated locations. $ 10.00 Liquidated damages shall be determined by the City and deductions made from the payment each month to the Contractor. The Contractor can appeal such finding to the City Manager in writing within TEN (10) days after notice. Decision by the City Manager is final. All particulars as to the manner, method, equipment used, collection and transporting refuse within the City of Edgewater shall be at all times subject to the supervision, revision, regulation and control by the Director of Public Works and failure to obey any reasonable order or regulation shall 0 0 •constitute a breach of Contract by Contractor. IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the day and year first above written, the City of Edgewater, by its Mayor, by authority duly given. ATTEST: ___________________________ Susan Wadsworth, City Clerk Witness Witness STATE OF FLORIDA,) COUNTY OF VOLUSIA) CITY OF EDGEWATER a municipal corporation -------------------- Tanya Wessler, Mayor orized representative) On this day personally appeared before me, the undersigned authority, Tanya Wessler and Susan Wadsworth, Mayor and City Clerk for and on behalf of the City of Edgewater respectively, to me known and known by me to be the persons) described therein and who executed the foregoing Contract and they executed the same freely and voluntarily and for the purposes therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and official seal in the State and County aforesaid this _______ day of , 1990. Notary Public My commission Expires: (SEAL) STATE OF FLORIDA,) COUNTY OF VOLUSIA) tJ 4 • On this day personally appeared before me, the undersigned authority,_______________________________________I for and on behalf of Southard Enterprises, Inc, a Florida Corporation, to me known and known by me to be the person(s) described therein and who executed the foregoing Contract in the presence of TWO (2) Witnesses and he/she acknowledged before me that he/she executed the same freely and voluntarily and for the purposes therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and official seal in the State and County aforesaid this _______day of . 1990. ______________________ Notary Pu63ic My commission Expires: (SEAL) APPROVED AS TO FORM AND CORRECTNESS: Jose' B. Alvarez, City Attorney