HomeMy WebLinkAbout2000-103 - Contract with Deffenbaugh Industries to Provide Residential Waste Collection6ll.L NO. 2000-103
ORDINANCE NO. 2000-103
AN ORDINANCE AU"I'HORIZING 'CHE MAYOR "CO ENTER INTO A CON'I'RAC"~
WI'T'H DEFFENBAIJGH, INDUSTRIES, INC. TO PROVIDE RESIDENTIAL SOLID
WASTE COLLECTION TO "I'HE CITY OF RIVERSIDE RESIllEN"CS.
BE IT ORDAINED BY THE BOARD OF ALDERMEN FOR "CHE CI"I'Y OF RIVERSIDE,
MISSOURI, AS FOLLOWS:
SEC"CION 1. "That the Mayor be authorized to enter into a contract with
Deffenbaugh Industries, Inc. to provide residential solid
waste collection to the City of Riverside collection points;
namely each dwelling, home, duplex, residence or other such
building or location which comprises the "Collection Area"
as listed on attached exhibit.
SECTION 2. The term of the agreement shall commence on January 1,
2001 and terminate on December 31, 2001.
SEC"TION 3. That solid waste shall be collected once a week and the City
agrees to pay Deffenbaugh the sum of $7.95 per month for
each Collection Point for which services are provided.
SECTION 4. The maximum contract fee shall not exceed $57,240.00.
PASSED THIS 51° DAY OF DECEMBER, 2000.
n
F~ L
Mayor Be Burch
ATTE: '
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.i' i
. ouise Rusick, City Clerk
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RESIDENTIAL SOLID WASTE COLLECTION AGREEMENT
THIS AGREEMENT is made and entered into this 29t~ay of ~cember 2000 by and
between the City of Riverside, Missouri, a Missouri fourth-class city incorporated under the laws
of Missouri ("City") and Deffenbaugh Industries, Inc., a Missouri corporation ("Deffenbaugh").
1N CONSIDERATION OF the mutual promises, covenants, and ag eements herein
contained, the adequacy and sufficiency of which are hereby acknowledged, the parties do
mutually promise, covenant and agree to the following:
1. Term. The term of this Agreement shall commence on January 1, 2001, and shall
continue until, and terminate on, December 31, 2001.
2. Solid Waste Defined. For purposes of this Agreement, the term "Solid Waste" shall
include: (i) garbage, which includes animal or vegetable waste resulting from the
handling, preparation, cooking, serving or consumption of food from homes, kitchens,
apartments, hotels, restaurants, stores, markets, places of businesses, and similar
establishments; (ii) rubbish, which shall include waste paper, rags, cartons, boxes,
excelsior, leather, cloth materials, tin cans, glass, crockery, ashes and clinkers from
heating plant furnaces and fireplaces, or other materials light in weight and easily handled,
or a combination of any two or more of the foregoing types of materials; and
(iii) residential rubbish, which shall include small furniture, bundled rugs and padding,
toys, tools, and other comparable materials. For purposes of this Agreement, Solid Waste
shall not include hot ashes or cinders, shrub trimmings, yard trimmings, tree trunks or
limbs, street sweepings, catch basin muck, construction materials, appliances, large
fi~rniture or Hazardous Waste.
Hazardous Waste Defined. For purposes of this Agreement, the term "Hazardous
Waste" means (a) asbestos in any form; (b) any substances defined as or included in the
definition of "hazardous substances," "hazardous waste," "hazardous materials,"
"extremely hazardous wastes," "restricted hazardous wastes," "toxic substances," "toxic
pollutants," "contaminants" or "pollutants," or words of similar import, under any
applicable federal, state or local statue, law, rule, regulation, ordinance, code, policy, or
rule of common law now or hereafter in effect and in each case as amended, and any
judicial or administrative interpretation thereof, including any judicial or administrative
order, consent decree or judgment, relating to the environment, health and safety; and (c)
any other substance exposure to which is regulated by any governmental authority.
3. Collection Area and Collection Points Defined.
(a) For purposes of this Agreement, the term "Collection Area" shall mean all that
land within the corporate limits of the City and incorporated by the City.
(b) For purposes of this Agreement, the term "Collection Points" shall mean each
dwelling, home, duplex, residence or other such building or location from which
Solid Waste shall be collected under this Agreement. The initial total number of
Collection Points contemplated by this Agreement is set out in Exhibit A hereto,
and may be modified from time-to-time by the City. All Solid Waste set out by
residents at Collection Points must be done so in compliance with Riverside City
Code §§ 225.020 and 225.030.
4. Contractor's Services. Deffenbaugh hereby covenants and agrees to furnish all of the
necessary vehicles, trucks and other equipment and to do the work and provide the service
of collecting, removing and disposing of all Solid Waste in conformance with this
Agreement, from all Collection Points ("Services"). Deffenbaugh shall collect Solid
Waste from each Collection Point on a weekly basis.
5. Collection Equipment. Deffenbaugh shall complete its obligations under this Agreement
by using vehicles, trucks and other equipment for collection which shall be substantial,
nonleakable, sanitary and in clean condition at all times. Vehicles and trucks shall be
constructed and covered so as to prevent spilling out or leaking of contents, and to further
conceal contents from view except when being loaded or unloaded. Failure to keep any
vehicle, truck, or other equipment in a generally operable condition and in conformance
with this Section and Riverside City Code § 225.085(E) shall cause exclusion of that
equipment from the performance of collection services under this Agreement.
6. Performance of Services.
(a) Deffenbaugh shall provide Services with as little disturbance as possible.
Deffenbaugh shall observe all City ordinances relating to the obstruction of
streets, keeping passageways open and protecting the same, and shall obey all
laws and City ordinances governing, controlling or limiting Services and those
employees engaged in Services.
(b) Deffenbaugh shall not litter the premises in the process of making the collections.
Deffenbaugh shall transport all Solid Waste in such a manner as to prevent it from
spilling or blowing from the vehicles, trucks or other equipment used by
Deffenbaugh in the performance of Services.
(c) Deffenbaugh shall, after collecting Solid Waste at Collection Points, return waste
container(s) and/or trash can(s) and lid(s) to the same place or area at which it was
set out, in the same condition in which it was found.
(d) Deffenbaugh shall not cause damage other than ordinary wear and tear to waste
containers set out by residents for collection of their contents. Should the City,
upon its own investigation or upon investigation of a complaint received by it,
determine that employees or others related to Deffenbaugh have caused a waste
container to be damaged or harmed in any manner, and Deffenbaugh has not
taken reasonable and appropriate measures to remedy the situation, the City shall
have the right to assess those damages contemplated in Section 16.
(e) Deffenbaugh shall not commingle Solid Waste collected within the Collection
Area pursuant to this Agreement in its trucks or equipment with any Hazardous
Waste.
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(f) Should a resident set out for collection any item or package of items not
contemplated for collection under this Agreement or which is otherwise
unsuitable for loading, Deffenbaugh shall notify the resident of such violation by
tagging the unsuitable items with information explaining the nonconformance.
Deffenbaugh shall create, print, and replenish its supply of such tags at no cost to
the City.
(g) Deffenbaugh shall dispose of all Solid Waste in accordance with the requirements
of Chapter 260 of the Missouri Revised Statutes, as amended, and any applicable
implementing regulation and applicable federal or local statutes, regulations or
ordinances.
7. Special Services.
(a) From time to time, the City may request in writing that Deffenbaugh vary its
normal route and schedule of collection due to special events or emergency
conditions. Emergency conditions shall occur in the event of hurricane, tornado,
major storm, natural disaster or other such event, the occurrence of which shall
allow the City to request Deffenbaugh to provide additional Services to aid and
assist the City in cleanup after such event. Deffenbaugh shall be compensated for
such additional assistance and may be granted a variance from its regular routes
and schedules. Deffenbaugh will reasonably attempt to comply with the City's
request, however, Deffenbaugh shall only be obligated to comply with any such
request if Deffenbaugh is able to comply without undue hardship, and compliance
is both reasonable and feasible.
(b) Upon receiving a proper request from a City resident, Deffenbaugh shall schedule
and complete a Special Pickup. A Special Pickup includes collection and disposal
of certain items of Solid Waste which would not normally be collected upon
completion of normal collection routes and schedules, including, but not limited
to appliances, large furniture and construction materials. The fee or rate for such
Special Pickup shall be established by Deffenbaugh and communicated to the
City resident requesting such Special Pickup before such collection is made. The
City resident, and not the City, shall be fully and solely liable for payment of such
costs and fees.
8. Payment of Fees. In consideration of the full and complete performance of all provisions
of this Agreement by Deffenbaugh, the City agrees to pay Deffenbaugh the sum of Eight
Dollars and Ninety-five Cents ($8.95) per month for each Collection Point for which
Services were provided in the month. Such compensation shall be paid within thirty (30)
days of the receipt of the invoice related to the month's Services.
9. Collection Schedules.
(a) Deffenbaugh shall collect and dispose of Solid Waste from all Collection Points
once weekly. Deffenbaugh shall provide the City with a schedule for collection,
which schedule shall then be communicated by the City to its residents.
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(b) No collection shall be made on Sundays or on the following holidays: New Year's
Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day and Christmas Day. If a regularly scheduled collection falls on
one of the aforementioned holidays, that collection shall occur on the next
business day.
(c) All collections shall be made between the hours of 7:00 a.m. and 7:00 p.m.
(d) Should Deffenbaugh determine to change or alter its Collection Schedule,
Deffenbaugh shall first obtain the approval of the City Administrator and then, at
no additional cost to City, provide written notice of such change to each resident
having its collection services affected. Such notice shall be delivered not less
than seven (7) days prior to the change in collection schedule.
10. Hazardous Waste. Deffenbaugh shall not be required to collect and dispose of
Hazardous Waste, but may offer such services to residents through other agreements with
such residents. Collection and disposal of Hazardous Waste is not a part of this
Agreement, but if provided by Deffenbaugh, such collection and disposal shall be in strict
compliance with all federal, state and local laws and regulations. The City shall not be
considered the generator of any Hazardous Waste collected or disposed of by
Deffenbaugh pursuant to this Paragraph.
11. Insurance and Bonds. Deffenbaugh shall maintain the following insurance and
performance bonds for all Services arising out of this Agreement. Unless otherwise
specified in this Agreement, Deffenbaugh shall maintain such insurance as will protect
Deffenbaugh for claims under Worker's Compensation acts, and protect if from claims for
damages because of bodily injury, including death and property damage, and claims made
by any governmental agency or third person because of harm to the environment, which
may in any way arise out of or be in any manner remote to or any proximate manner
connected with the performance of this Agreement, whether such claim arises out of the
act or failure to act by Deffenbaugh, its employees, assigns, agents, subcontractors, or any
other party for which it may be liable. This insurance shall be written in the kinds and
minimum limits of liability specified below:
Description of Property Limits of Liability
Worker's Compensation Statutory
Employer Liability $600,000 per occ~.u-rence
Comprehensive General
Liability, including contractual:
Bodily Injury $100,000 per occurrence
$100,000 aggregate
Broad Form Property Damage $600,000 per occurrence
Personal Injury $600,000 per occurrence
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Automobile, including owned
non-owned and hired vehicles
Bodily Injury
Property Damage
Performance Bond
Environmental Protection
$300,000 per occurrence
$300,000 per occurrence
$600,000 per occurrence
$20,000
$1,000,000 per occurrence
$1,000,000 aggregate
Such insurance shall be maintained in force during the term of this Agreement.
Such insurance policies shall specifically name the City as an insured party. A verified
copy of such insurance policy or policies shall be filed with the City together with the
certificates of insurer stating that the policy or policies are in full force and effect and that
the same will not be altered, amended or terminated without ten (10) days prior written
notice to the City. Deffenbaugh shall furnish the City with adequate evidence that
Deffenbaugh has obtained and is maintaining in force Worker's Compensation insurance
as prescribed by the law of the State of Missouri.
12. License. Before Deffenbaugh may begin Services under this Agreement, Deffenbaugh
shall provide evidence to the City of its ownership of all permits and licenses required by
law or ordinance, including Missouri Revised Statute Chapter 260 and City Code
§ 225.085, which evidence shall be filed by Deffenbaugh with the City Administrator. In
addition, the City shall not be liable for any payments to Deffenbaugh pursuant to this
Agreement until Deffenbaugh acquires all such permits and licenses. Deffenbaugh shall
be solely responsible for maintaining in full force all applicable and required permits and
licenses.
13. Additional Collection Points. Should new homes, dwelling, duplexes or other residences
be constructed within the Collection Area, Deffenbaugh shall provide Services to such
new Collection Points. Deffenbaugh shall discontinue Services at Collection Points which
have been left vacant, but shall resume Services when such vacant locations are once
again occupied. Should the City annex or incorporate new parcels of land, such area land
shall become within the Collection Area, and thus, Deffenbaugh shall provide Services
thereto within thirty (30) days of receiving written notice of such addition from the City.
14. Indemnification. Deffenbaugh shall defend, indemnify and hold harmless the City and
any of its agencies, officials, officers, or employees from and against damages, liability,
claims, fines, allocations, losses, costs, and expenses, including reasonable attorneys fees,
arising out of or resulting from any act or omission of Deffenbaugh, its employees, agents,
or subcontractors, or others for whom Deffenbaugh is alleged to be legally liable,
including allegations by any government agency or third party that Deffenbaugh is in
violation of any federal, state or local statute, regulation or ordinance relating to the
protection of the environment, in connection with Services or any obligation of
Deffenbaugh hereunder. Deffenbaugh shall immediately provide the City, in accordance
with Paragraph 20, with a copy of any Complaint, Notice of Violation, demand, claim,
inspection report, or similar document, alleging that Deffenbaugh is not in compliance
with its obligations under this Agreement.
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15. Office. Deffenbaugh shall maintain an office where complaints, requests for Special
Pickup or other communications may be received from residents and officials of the City.
Such office shall be equipped with sufficient telephones and have sufficient personnel on
staff to respond to such communications. Such office shall be staffed during collection
hours and shall be opened during normal business hours from 8:00 a.m. to 5:00 p.m.
during the week. In addition, Deffenbaugh shall provide a telephone answering service to
receive customer inquiries during those times when the office is closed.
16. Unsatisfactory Service. A penalty of Eight Dollars and Ninety-five Cents ($8.95) shall be
assessed against Deffenbaugh for each Collection Point which is missed on any collection
day, provided, however, that Deffenbaugh shall not be penalized for a missed Collection
Point if collection is made within 24 hours of the appointment date or such other
reasonable period of time under the circumstances. Damages under this Section shall be
deducted from any sums next payable to Deffenbaugh pursuant to Section 8 of this
Agreement. Deffenbaugh shall not be penalized under this Section, if such failure to
collect shall be caused by fire, riot, civil commotion, acts of God, or any other
unforeseeable happening or event.
17. Cancellation of Agreement. The City may cancel this Agreement upon the happening of
any one of the following events:
(a) Deffenbaugh has defaulted, by failing or refusing to perform or observe the terms,
conditions, or covenants in this Agreement and said default is not cured within
thirty (30) days of receipt of written notice from the City, or if by reason of the
nature of such default, the same cannot by remedied within thirty (30) days
following receipt by Deffenbaugh of written notice from the City, Deffenbaugh
fails to commence the remedy of such default within said thirty (30) days
following such written notice or having so commenced shall fail thereafter to
continue with diligence the curing thereof; or
(b) Deffenbaugh has failed to pay any amounts due hereunder; or
(c) Should Deffenbaugh consent to the appointment of "~i receiver, trustee, or
liquidator of all or substantially all of its property; or
(d) By order or decree of a court, Deffenbaugh shall be adjudged bankrupt or an order
shall be made approving a petition filed by any of its creditors or by any of the
stockholders of Deffenbaugh, seeking its reorganization or the readjustment of its
indebtedness under the Federal bankruptcy laws or under any law or statute of the
United States or of any state thereof, provided that if any such judgment or order
is stayed or vacated within sixty (60) days after the entry thereof, any notice of
default shall be and become null, void, and of no effect; unless such stayed
judgment or order is reinstated in which case, said default shall be deemed
immediate; or
(e) By, or pursuant to, or under the authority of any legislative act, resolution or rule
or any order or decree of any court or governmental board, agency, or officer
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having jurisdiction, a receiver, trustee, or liquidator shall take possession or
control of all or substantially all of the property of Deffenbaugh, and such
possession or control shall continue in effect for a period of sixty (60) days.
18. Termination for Repetitive or Continuing Default. Notwithstanding the provisions of
Sections 16 and 17 and as supplemental and additional means of termination of this
Agreement under this Section, in the event that Deffenbaugh's record of performance
shows that Deffenbaugh has frequently, regularly, or repetitively defaulted in the
performance of any of the covenants and conditions required herein to be kept and
performed by Deffenbaugh, in the opinion of the City and regardless of whether
Deffenbaugh has corrected each individual condition of default, Deffenbaugh shall be
deemed a "habitual violator", shall forfeit the right to any further notice or grace period to
correct, and all of said defaults shall be considered cumulative and collectively shall
constitute a condition of irredeemable default. The City shall thereupon issue
Deffenbaugh a final warning citing the circumstances therefor, and any single default by
Deffenbaugh of whatever nature, subsequent to the occurrence of the last of said
cumulative defaults, shall be grounds for immediate termination of this Agreement. In the
event of any such subsequent default, the City may terminate this Agreement upon giving
of written Final Notice to Deffenbaugh, such cancellation to be effective upon the date
specified in the City's written notice to Deffenbaugh and Deffenbaugh shall have no
further rights hereunder, except the right to receive payment for services previously
rendered less any penalty properly assessed under section 16. Immediately upon the
specified date in such Final Notice, Deffenbaugh shall cease any further performance
under this Agreement.
19. Effective Date of Cancellation or Termination. In the case of the occurrence of the
aforesaid events specified in Sections 16, 17 and 18 above and except as otherwise
provided therein, termination shall be effective upon the date specified in the City's
written notice to Deffenbaugh and upon said date this Agreement shall be deemed
immediately terminated and upon such termination all liability of the City under this
Agreement shall cease, and the City shall have the right to call the performance bond and
shall be free to negotiate with other contractors for the operation of the herein specified
services. Deffenbaugh, for failure to perform, shall reimburse the City all duect and
indirect costs incurred by the City in providing interim Services. For all costs, charges,
and damages incurred by the City, together with the costs of completing the work,
Deffenbaugh and the surety shall be liable, and such costs may be deducted from any
monies due or which may become due Deffenbaugh. In case the expense incurred by the
City is less than the sum which is payable to Deffenbaugh under the Agreement through
the last day worked, then Deffenbaugh will be entitled to receive the difference. In case
such expense exceeds that sum, Deffenbaugh and its surety shall be liable and shall pay
the City the amount of said excess.
20. Notice. Any notice, demand, communication, or request required or permitted hereunder
shall be in writing, except where otherwise herein designated by telephone, and delivered
in person or sent by certified, return receipt requested, via United States mail, or via
facsimile transmission, as follows:
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If to Cam: City of Riverside
4500 High Drive
Riverside Missouri 64168
Attn: David Blackburn, City Administrator
Phone: (816) 741-3993
Fax: (816) 746-8349
With a co to: Stephen A. Crystal, Esq.
Armstrong Teasdale LLP
2345 Grand Boulevard, Suite 2000
Kansas City, Missouri 64108
Phone: (816) 221-3420
Fax: (816)221-0786
If to Deffenbaugh: Deffenbaugh Industries, Inc.
18181 W. 53`d Street
Shawnee, KS 66217
Attn: Ronald D. Deffenbaugh, President
Phone: (913) 631-3300
Fax: (913)631-6447
With a copy to: George R. McGrew
18181 W. 53rd Street
Shawnee, KS 66217
Phone: (913) 631-3300
Fax: (913)631-6447
Notices shall be effective when received at the address as specified above. Changes in
the addresses to which notice is to be sent may be made from time-to-time by written notice.
Facsimile transmission is acceptable notice, effective when received; however, facsimile
transmissions received (i.e., printed) after 4:30 p.m. or no weekends or holidays, will be deemed
received on the next business day. The original items which are transmitted by facsimile
equipment must also be mailed as required and provided by this Section.
21. Independence Of Agreement. It is understood and agreed that nothing herein contained
is intended or should be construed as in any way establishing the relationship of co-
partners or a joint venture between the parties, or as constituting Deffenbaugh as an agent,
representative or employee of the City for any purpose whatsoever. Deffenbaugh is to be,
and shall remain at all times, an independent contractor with respect to all Services
performed under this Agreement.
22. Non Employee Status. Persons employed by Deffenbaugh in the performance of services
and functions pursuant to this Agreement are not employees of the City and shall have no
claim to pension, workers' compensation, unemployment compensation, civil service or
other employee rights or privileges granted to the City's officers and employees either by
operation of law or by the City.
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23. Waiver. The failure of the City at any time to require performance by Deffenbaugh of
any provision hereof shall in no way affect the right of the City thereafter to enforce same.
No waiver shall be affective unless in writing. Nor shall waiver by the City of any breach
of any provision hereof be taken or held to be a waiver of any succeeding breach of such
provision or as a waiver of any provision itself.
24. Laws to Govern. This Agreement shall be governed by the laws of the State of Missouri,
the County of Platte, Missouri, and the City of Riverside, Missouri, both as to
interpretation and performance. Any and all legal action necessary to enforce this
Agreement will be held in Platte County, Missouri, and the Agreement will be interpreted
according to the laws of the State of Missouri.
25. Compliance With Laws. Deffenbaugh shall conduct its operations and provide all
Services under this Agreement in compliance with all applicable Federal, State and local
laws, ordinances, orders and regulations.
26. Severability. If any provision of this Agreement shall be declazed illegal, void or
unenforceable by a court of competent jurisdiction, the other provisions shall not be
affected but shall remain in full force and effect.
27. Title to Refuse. Title to Solid Waste collected as part of this Agreement shall pass to
Deffenbaugh at the time of collection.
28. Assignment and Subletting. Deffenbaugh shall make no assignment of this Agreement
or any right or obligation occurring under this Agreement in whole or in part without the
express written consent of the City. The City shall have full discretion to approve or
deny, with or without cause, any proposed or actual assignment by Deffenbaugh. Any
assignment of this Agreement made by Deffenbaugh without the express written consent
of the City shall be null and void and shall be grounds for the City to declare a default of
this Agreement and immediately terminate this Agreement by giving written notice to
Deffenbaugh, and upon the date of such notice this Agreement shall be deemed
immediately terminated, and upon such termination all liability of the City under this
Agreement to Deffenbaugh shall cease, and the City shall have the right to call the
performance bond and shall be free to negotiate with other contractors, Deffenbaugh, or
any other person or company for the Services. In the event of any assignment approved in
writing by the City, the assignee shall fully assume all such liabilities of Deffenbaugh
specified in such approved assignment. Subcontractors will be recognized and dealt with
only as workers and representatives of Deffenbaugh and as such shall be subject to the
same requirements as set forth in this Agreement.
29. Modification. This Agreement constitutes the entire Agreement and understanding
between the parties, and it shall not be considered modified, altered, changed or amended
in any respect unless in writing and signed by the parties.
IN WITNESS WHEREOF, Deffenbaugh has caused this Agreement to be executed by its
duly authorized officers, and the City, acting by and through its Boazd of Aldermen, has
authorized this Agreement to be executed the day and year first written above.
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ACTING
CITY OF RIVERSIDE
~(~ -may-'
~J,~Gtl.~ ,~~G~U
MAYOR
C TY CLERK
DEFFENBAUGH INDUSTRIES, INC.
By t e 6a '~+
~"'~~ Title ~~~es~c~
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EXHIBIT A
Number of Collection Points
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