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Home My WebLink About1980-09-18; City Council; Resolution 63034 I I I I i ! 1( 1: 1; 1: 11 If 1t 1: 1E 15 2c 21 22 22 24 25 26 27 28 e 0 RESOLUTION NO. 6303 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AM AGREEMENT FOR THE REMOVAL OF SOLID WASTE WHEREAS, the City Council of City of Carlsbad, does hereby resolve as follows: 1. That an agreement between the City of Carlsbad and Coast Waste Management for services relative to the collection of solid waste, a copy of which is attached hereto, marked Exhibit "A" and made a part hereof, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council held on the 16th day of September , 1980, by the following vote, to wit: AYES: NOES: Council Member Anear ABSENT: None Council Members Packard, Casler, Lewis and Kulchin ATTEST: (SEAL) -1- -2 -J AGREEMENT FOR PROVIDING 0 REFUSE COLLECTION SERVICES This agreement e.ntered into this /d7' day of 1980 by and between the City of Carlsbad, a municipal corporation of the , State of California, hereinafter referred to as "Carl sbad" and Coast Waste Management, Incorporated, a California corporation, hereinafter referred to as "Coll ector". W I T N E S S ETH : WHEREAS, Carl sbad is responsi bl e for the provision of refuse col 1 ec- tion services to promote the safety, health and general welfare of its citizens and, WHEREAS, Carlsbad may contract for such refuse collection services and , L WHEREAS, Collector is in the business of collecting and disposing of refuse and is now and ,can continue to provide the necessary refuse collection services to the citizens of Carlsbad and, IdHEREAS, Carl sbad wishes to contract with Col lector for such services, THE PARTIES hereto do mutually covenant and agree as follows: 1. COLLECTOR as an independent contractor and not an employee or agent of CARLSBAD, shall furnish all labor, equipment and materials for and shall make available to a17 persons residing or doing business at a loca- tion within the city limits.of CITY, as it presently exists or as it exists in the future (customers), the service of collection and disposal of refuse (service), subject to the terms and conditions of this agreement. 2. TERM: The term of this agreement shall commence on September 1, 1980 and shall continue for a term of five'(5) years io August 31, 1985. The agreement is automa.tica1 ly renewable thereafter, year to year, subject to the right of either party to terminate for any reason on the anniversary . y -2- date, upon ninety (90) days written notice preceding that date. Collector expressly waives any and all rights under Section 4272 of the Health and Safety Code and agrees that the term will be governed solely by this agreement. 3. BILLINGS: Carlsbad shall handle all of the billings and normal collections through its present billing system for water or sewer customers regularly bi 11 ed by Carl sbad. the billing system at such frequency for billing established by Carlsbad Bi 11 i ng shall be coordinated with for the collection of water and sewer charges. Carlsbad shall have the right to refuse to handle billings and collections with respect to any accounts which, in the opinion of Carlsbad, would he difficult or inconvenient to handle through its system. Collections for past due accounts for refuse services shall be the COLLECTOR'S responsi- bil-ity although Carlsbad may forward the same for collection along with its forwarding of accounts past due for water and sewer charges. Carlsbad's records and books concerning said billings shall be open to inspection by COLLECTOR and may provide copies at COLLECTOR'S expense. COLLECTOR shall handle his own biflings, collections and payments due him Provided, however, that from customers not billed by Carlsbad. to the COLLECTOR for monies due him or for the collection thereof in any way as to such accounts. Carlsbad shall not be responsible 4. RATES: COLLECTOR agrees to accept from customers as full az compensation for the complete collection and disposal of refuse, the rates stated in Resolution No, 6302 16th day of September, 1980 on file with the City Clerk and incorporated herein by reference. adopted by the City Council on the COLLECTOR will not request a change in such rates prior to September 1981. part to the cost of doing business, including the fees for disposal set by CARLSBAD recognizes that rates are related in the Councy of San Diego, the cost of fuel, maintenance, salaries,and c insuraoce. An in@ based on chan9es to these co sa lernents will be developed by CARLSEAD by March 30, 1981. The base for the index will be the costs as of September 1, 1980. Said index to be subject to City Council approval. An overall change of 7% in the index will allow COLLECTOR to request rate changes. The City Council shall have discre- tion in approving or disapprovjng such requests but will consider changes in the index and prevailing rates in cither cities in San Diego County in arriving at their decision. In the event CAR!-SBAD unreasonably refuses a rate increase requested by COLLECTOR, COLLECTOR may terminate this agree- ment upon six (6) months written notice. 5. SERVICE FEE: COLLECTOR agrees to pay CITY a sum of noney equal to 2% of total gross receipts from fces collected from customers (both residential and commercial) in the CITY, commencing on October 1, 1381. Such fee to reimburse CITY for the costs associated with collection of bills for COLLECTOR, irispecti.on and supervisjon of COLLECTOR'S performance and customer service. Such fees to be paid to CITY on a quarterly basis in .January, April , July and October. 6. - QUARTERLY REPORT REQUIREMENT: COLLECTOR will forward to the July and City Manager a report on a quarterly basis in January, April October which will include the following information concerning the previous three months activities: A. Number of complaints with sunimary information as to type of complaint; i.e., missed pickup, quality of service, etc. Average number of customers served per month categorized as Y B. to residenti a1 and commercial. C. Average gross receipts per month, categorized as residential and cormnercial. D. Any significan.t problems or anticipated future problem relatfng to refuse collection in the CITY. - 4. - 7.. FREQUENCY OF CO1-I-ECTION: COLLECTOR shall collect refuse and garbage once per w.eek from each residential unit in accordance with a schedule of collection subject tq approval by the City Manager. Frequency ' of comniercial collection shall be as agreed upon by COLLECTOR and custoniers. 8. HOURS OF COLLECTION: COLLECTOR shall make collections in resi- dential areas between the hours of 7:OO A.M. and dark. 9. HOLIDAYS: The following listed holidays are designated for purposes of this agreement: New Year's Day Labor Day Memorial Day Thanksgiving Independence Day Christmas Day (Customers scheduled for collectiqn on a holiday shall be serviced on the following day and the balance of the schedule shall be adjusted accordingly) e 10. ORDINANCES I & RESOLUTIONS: This' agreement is subject to all CITY'S ordinances and resolutions, both present and future, to the extent that they . regulate the subject matter of this agreement, said ordinances and resolu- tions shall bind the parties hereto and shall bind each of the parties hereto v - and are by this reference incorporated herein.. 17. DUMP LOCATIONS: COLLECTOR shall dispose of all refuse in a sanitary landfill or transfer station which is authorized for disposal of such refuse by the County of San Diego or CITY. Y 12. WORKMANLIKE PERFORMANCE: COLLECTOR shall perform all of his obligations hci-eunder in a good workman1 ike, sanitary and lawful manner. We shall provide competent, sober and uniformed personnel, efficient and clean equipment and serve the public in a courteous, hhlpful and impartial manner. All personnel will be required to wear a name tag or number on their exterior clothing. COLLECTOR wif 1 remove any employee for cause upon request of CITY. 7 -5- 0 13: COLLECTZON -___-I EQUIPMENT: The COLLECTOR shall provide an adequate number of vehi cl es and equipment for regular col lection service. Truck bodies will be all metal and watertight. the COLLECTOR shall paint its name and phone numbel" on the sides of each truck, drop body and bin in letters at least four inches high. at least once a week and will be maintained in a clean, sanitary condition Trucks shall be cleaned and washed at all times. Trucks will be garaged overnight on COLLECTOR'S premises and no on-street overnight parking is authorized. 14. INSURAtKE: COLLECTOR shall hold CITY free and harmless from any 7 oss by COLLECTOR, its agents, emplojlees and contractors of his ob1 igation damage or 1 i abi 1 i ty resul ti ng from the performance or non-performance thereunder. During the term hereof, COLLECTOR shall at his sole expense, maintain in full force and effect, insurance approved by CITY, name CITY as co-insured, in at least the following limits: A. Public Liability - bodily injury to one person . $ 500,000 I B. Public Liability - bodily injury to more than one person in one accident . . . . . . e . . . . $1,000,000 C. Property Damage. . . . . e . . . . . . . e . . . . $ 50,000 D. Workman's Compensation as required by law. Such insurance shall be in such form that it is non-cancellable except upon ten (10) days written notice to CITY. COLLECTOR shall furnish CITY with certificates showing such insurance to be in full force and effect at all times during the term hereof. 15. -- BOOKS & RECORDS: COLLECTOR shall keep true and accurate books and accounts of all business done, money received, accounts payable and cash disbursements by reason of its performance of its ob1 igations here- under. Said books and accounts shall be kept separate from an.y books or accounts for services and COLLECTOR'S business operations performed out- side the city limits of the CITY. s Said books and records and accounts -6- shall be open to inspection and audit by CITY at all times. 16. BUSINESS LICENSE: COLLECTOR shall obtain and pay for a CITY business 1 i cense, 17. - ASSIGNMENT: COLLECTOR shall not assign or sub-contract .any of his duties under this agreement without first obtaining approval from the City Council. 18. ADDITIONAL SERVICES TO BE PROVIDED BY COLLECTOR: - A. COLLECTOR shall provide to the CITY at no charge, twelve (12) three (3) cubic yard bin containers delivered and located at such areas as designated by the City li'ianager. An additional container will be provided with each incremental increase of 500 residential customers . at the request of the City Manager. B. COLLECTOR will provide a maximum of four (4) drag-on boxes (40 cu.yd. containers) for the Annual Spring Clean-up in areas designated by the City Manager, Landfill fees will be paid by CITY. Drag-on boxes to be relinquished by CITY to COLLECTOR within seven (7) days of end of Spring CI ean-up Week C. COLLECTOR will provide a maximum of four (4) drag-on.boxes (40 cu.yd. containers) for the Annual Christmas Tree Recycling Program. Landfill fees will be paid by CITY. Drag-on boxes to be relinquished by CITY to COLLECTOR within seven (7) days of the end of the recycling program e Y- 19. DEFAULT BY COLLECTOR: In the event COLLECTOR fails for any -. reason whatsoever 'to perform his ob1 igations heieunder ten (10) days after written notice from CITY of any default, CITY may, at its sole option tcrininate this agreement and cause COLLECTOR'S ob1 igations here- under to be pcrforined by others. In the event CITY sustains any cost or expense by reason of any default by COLLECTOR, or the engaging of others .. to perfon?i, COLLECTOR shall pay the amoui?t thereof to CITY. -7- 0 20. FAILURE TO -I-- COLLECT:. Should the COLLECTOR fail to collect and dispose of refuse set out or placed for collection as herein provided for, and fail to correct such situation within twenty-four (24) hours after receipt of notice thereof, the CITY may collect and dispose of same and the COLLECTOR shall be liable for the expenses incurred. 21. PERFORMANCE BOND: COLLECTOR shall secure a surety bond in the penal sum of $10,000.00 conditioned upon the faithful performance of this . agreement, which bond shall be delivered to CITY and be kept in full force at all times by COLLECTOR. 22. CUSTOMER RELATIONS-~~~INTENANCE OF LOG: COLLECTOR shall maintain at dl1 times a written log in which shall be recorded all communications, including complaints from customers. The Tog shall be made available to the City Manager on request, together with a record of all written communications received by COLLECTOR. 23. -. HARDSHIP CASES: CITY reserves the power, by appropriate ordinance or resolution, together with administrative regulations, to pro- vide for the omission of refuse and garbage collection services to certain custoniers detemii ne 24. force and a1 1 owi ng in hardship situations. CITY shall have sole authority to what circumstances constitute hardship. - EXCLUSIVENESS - OF AGREEMENT: So long as COLLECTOR is in full effect, CITY shall not enter into any agreement with any person aid person to perform1 any of COLLECTOR'S ob1 igations hereunder, provided however, that tree trimmers, gardeners, contractors, sub- contractors, and other persons operatjng a scpai-ate business, shall be entitled to dispose of the grass clippings, prunings, and discarded con- struction material, etc., which they generate in their separate businesses. 25. STRIKES: En the event COLLECTOR is prevented from performing his service or interrupted in the perf0rmanc.e of his service by .reason of any strike or other.1abor action, CITY shall be entitled at no dost to IS 'f 8. * c . -8- CITY to the use of COLLECTOR'S trucks and equipment previously used in CITY for the purpose 0.f providing citizens of CITY refuse collection during the continuance of said strike. COLLECTOR shall pay to CITY a pro rata share of the fees collected for any period during which CITY provides such s'ervi ce. 26. ___- NOTICES: All notices hereilnder shall conclusively be deemed received twnty-Four (24) hours after their deposit in the United States mai? postage prepaid, addressed to CITY at 1200 Elm Avenues Carlsbad, California 92008, and to COLLECTOR at 7204 Ponto Drive, Carlsbad, Cal i forni a 92008. 27. ARBITRATION: Any controversy between the parties hereto involving- the construction or application of any of the terms, covenants, or conditions of this agreement, shall on written request of one party served on the other be submitted to arbitration, and such arbitration shall comply with and be governed by the provisions of the California Arbitration Act, Sections 1280 through 1294.2 of the California Code of Civil Procedure. The parties shall each appoint cne person to hear and determine the dispute and if they shall be unable to agree, then the two persons SO chosen shall select 'a third impartial arbitrator whose decision shall be final and conclusive upon both parties hereto. arbitration shall be borne by the losing party or in such proportiins as The cost of such ' the arbitrator shall decide. 28, I_ ATTORNEY 'FEES: In the event of legal action or arbitration to enforce the terms of this agreement, the prevailing party shall be entitled to reasonable attorney feess costs and expenses. 29. c____--..---.-. RELOCATION: COLLECTOR expressly agrees to comply with the terms ' 'of CUP 171 (Resolution No. 1600) and to vacate his current location and -9- .. relocate his facilities to a site acceptable to CARLSDAD, such relocation to be complete by March 72, 7985. c City Attorney v By : Secretary Y I I