HomeMy Public PortalAboutORD13658 BILL NO, .2003-130 _
SPONSORED BY COUNCILMAN Olsen
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH NEW WORLD
RECYCLING FOR RECYCLING OF NEWSPAPER, MAGAZINES AND CARDBOARD.
WHEREAS, New World Recycling has been selected as the firm best qualified to provide
professional services related to the Recycling of Newspaper, Magazines and
Cardboard. project;
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
S ction 1 . New World Recycling is hereby approved as the best qualified firm to
provide professional services and its proposal is hereby accepted.
Section 2.The Mayor and City Clerk are hereby authorized to execute an agreement
with New World Recycling for Recycling of Newspaper, Magazines and Cardboard..
® Section 3. The agreement shall be Substantially the same in form
and content as
that agreement attached hereto as Exhibit A.
Section 4. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
PasseG: �1 ' Approved:
i Oresidlrig Officer -y----- Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk �� City Counsel r
� aalr; a
CITY OF JEFFERSON
CONTRA CT RE,NE,WA L OF TRAN.SPOR TA TION
AND
RECYCLING OF MATERIALS
WHEREAS, the City of Jefferson, 1'lissouri, a municipal corporation, with offices at:320 East
McCarty Street, Jefferson City, Alissouri, 65101, llereinnfter designated "City,"entered into
an Agreement with New World Recycling Company, with offices at 2007 Idlewood Road,
Jefferson City, MiSSOLlr1, 65109 hereinafter I'eferrecl to as"(1,ontractor.." on Decenber 3, 2003.
WHEREAS, the Agreement, was (or transportation ,Ind recycling of materials; and
WHEREAS,both parties wish to eNtend the agreement for the first of two additional one-year
renewal perlocls as stipulated In 1)al'1)gniph 2 of the ngreement. dated .Decembel' 3, 003;
NOW, THEREFORE, be it agree(1 by the parties that the agreement is hereby renewed for
the first of the two additional one-year periods to end December 31, 2005.
IN TESTIMONY WHEREOF,the parties have hereunto set their hands and seals this
day of December, 2001.
CITYOF JEFFERSON,MISSOURI NEW NVORLD RECYCLING COMPANY
Maypr Title ?�., ,.. j; r
ATTEST-
City 61erk Tit-- tle:) �� ,' s .A
A V//b I?'I)
City Counselor --�- --�
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CITY OF JFFFE'RSON
CONTRACT FOR TRA1A,'SPORTATION AND RECYCLING OF J1,4 T ERIAI S
THIS CONTRACT made and entered this �� .da of December,'1003,b and between the City of.lefierson
_
Missouri, a municipal corporation, hereinafter referred to as "City," and New World Recycling Company, a
Missouri corporation, hereinafter referred to as "Contractor."
WHEREAS, the City of Jefferson, Missouri, is desirous of hiring Contractor for transportation and recycling
of materials; and
WHEREAS,Contractor is willing to enter into this Contract with respect to employment and services upon tile
terms and conditions herein set forth,
NOW, ' HFUZEFORE, be it agreed as follows:
1. Scope of Services.
Contractor shall collect,process,and market newspaper,inagazines,and cardboard collected from five
(5) drop-off locations in the City of Jefferson. Contractor shall collect and remove all recyclable
materials which are segregated any place in or adjacent to recycling containers at any of the five drop-off
locations. The Contractor shall,at its sole cost and expense.except as otherwise provided here, furnish
all labor and equipment required to transport and collect recyclable materials, pursuant to this
Agreement.
2. Contract Term.
All work to be performed under this Contract shalt be performed in the period between.January 1,2004
through December 31,2004. With the consent of both parties,the contract may be extended for two(2)
additional one(1) year periods.
3. Freatiency of Collection_
Contractor shall collect the recyclable materials placed for collection at all of the five drop-off locations
at least once each week. Collection will not be made on the following holidays: New Year's Day, Labor
Day, Memorial Day, Independence Day,Thanksgiving Day, and Christmas Day.
4. Recycling Containers.
The City of Jefferson shall provide six containers which the Contractor shall distribute,one recycling
container to each of five designated drop-off locations and one to be used for rotational purposes to be
stored at a site maintained by Contractor. Contractor shall maintain all containers and equipment in
good repair and in a clean and attractive condition by repairing and washing as needed or at the request
of the City.
Tile drop-off containers shall be of the following specifications:
a. Inclosed, metal roll-off'
b. Twenty cubic yard capacity
C. Three-grated compartment
d. Six service doors and standard connection hitch
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ContractorshalI leave no tcsponsihiIity[or the rcplaceillent or retrieval ofany oft Ile recycling cot ltaitiers
unless the need for replacement or retrieval is duc to the fault of the Contractor.
5. Replacement of Recycles Containers
The City of.lefferson agrees that it will promptly replace recycling containers when notified by the
Contractor that a recycling containers is damaged or missing,unless the damage or loss of the recycling
container is the fault of the.Contractor. If the Contractor is at fault,upon notif icalion by the City,it will
promptly replace the missing or damaged recycling container at its expense. Nothing contained here
shall Ilinit the right of the City to seek payment For damaged or loss containers from the responsible
party or parties.
G. Transportation of Ytecyclable Materials.
Contractor shall transport the collected recyclable materials to an approved Processing Center.
Contractor shall be responsihlc lin'thc proper disposal of all recyclable materials upon pickup from the
designated drop--off locations.
7. Contractor Records
Contractor shall maintain its books and records related to the performance of this Agreement in
accordance with the following rninimunl requirements:
a. Contractor shall maintain al l ledgers,books of accounts, invoices, vouchers and canceled checks, as
well as all other records which demonstrate performance under this Agreement.
b. Contractor shall issue written monthly reports to the City of Jefferson reflecting market location,
volume of materials collected, market price received for each material and total gross receipts.
c. The City of.leffcrson shall have the right, upon reasonable notice, to audit the records of the
Contractor to ensure compliance with the provisions of this Agreement.
S. Compensation.
The City agrees to guarantee the Contractor a gross of Forty Dollars ($40.00) per ton for recycling
material, consisting ol'the market price for the recyclable material and direct payment by the City,
should the market price be below $40.00 per ton. In the event the tllarket exceeds $40.00 per ton, the
contractor shall pay the City based on the follov:ing scale;
Market Price Company will pay
$40-$49/ton 10%of market price/ton
$50459/ton 20°/1 of market price/tots
$60469/ton 30%of market price/ton
$70-$79/ton 40%of market price/ton
$s0- *50%of market price/ton
*50% is nuixinllnn/ton
•
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9. PA6'nleld
Payment shall lie Illade to Contractor by City upon stibmission of'all imiliml invoice, properly Signed
and submitted, in(fuplicate, t o t he finance Uurector,320 1{ast McCarty Street„Icflcrson City, Missouri,
65101. Should the amount ofnxlncy owcd citha-the Cam ractor or the City, under Paragraph 8, be less
than $200.00 at any paint,payment nmy he dclaycd until one party owes the other ill excess ol"000.00.
Provide(] further, that on the annual anniversary date of this contract, the aecoulit shall be settic(I and
the Contractor must submit nlnrlthly statcincnts even if no money is Ihcn dtic and uwing.
10. Contamination of Material
Should the material (leposited ill the recycling; drop off containers become eontanuinafed to the extent
that the material is unacceptable for the market, rc(luirirlg(lie hued filling: ofthe cmitents, the City will
pay only (lie direct and actual cost for land lillitlg the material.
11. Picku )t i'inle.
'bile starting; tittle for collectioll Services shall [lot colliniciicc before 7:00 a.m. and shall be completed
by 5:30 p.m.
12. Permits and Licenses
Contractor,at its sole costs and expense, shall nrtintain thoughts the term ofthis Agrccnlciv all permits,
licenses,and approvals n CCS.SIry ur rc(luil'e(I for Corltractorto perform file work and services described
herein.
13. .Failure to Perform,Cancellation.
If, through any cause, ('011traCtor shall fail to fulfill in timely and proper Illaliller its obligations url(lc►-
this contract, or if Contractor shall violate any 01' tile eovcllants, agrccrllents, or stipulations oI'this
contract,the City shall thereupon have the right to terminate this contract by giving written notice to the
Contractorof such tcrniination alld specifying the cflcctive(late thereof,at (cast five(5)(lays before the
effective day o('such tcrniination. The Contractor or the City may terminate this contract upon thilly
(30)days prior written notice.
14. Assignment_
The Contractor shall not assign any interest in this Contract, and shall not transfer any interest in the
same(whether by assignment of Ilovation),without prior written cotiscilt of*the City thereto. Any such
assignment is expressly s►Ib'11=1 to all rights and remedies of' he City under this agl'CCtliellt, including
the right to change or delete act ivitics from the contract or to terminate the same as provided hcr'ein,and
no such assignment shall re(luire the City to give any nnticc to any such assignee ofally actions which
the City may take under this agreement, though the City will attempt to so notify ►►fly such assignee.
15. Nondiscrimination.
The Contractor agrees Ill the pci'for'nimice ofthe contract 1101 10 disCrilllinate on tlic gcruun(Is or because
of race, creed, color, national origin or ancestry, sex, 1'cllgioll, handicap, age or p(Flitical aflilitution,
against any employee of the Contractor or applicant file elliploynu:nl and shill include as similar
provision in all subcontracts let Or tlwarded lleretlilder.
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16. Insurance.
Contractor agrees to obtain and maintain throughout the term ol'this contact
A. Workmen's Conn ciisation Insurance for all of its employees to be engaged in work
under this contract.
B. Contractor's Public Liability Insurance in an amount not less than $2,000.000 for all
claims arising out of a single occurrence and $300,000 for any one person in a single
accident or occurrence, except for those claims governed by the provisions of the
Missouri Workmen's Compensation Law, Chapter 287, RSMo., and Contractor's
Property Damage insurance in an all101rllt 1101 less than$2,000,000 for all clanns arising
out of a single accident or occurrence and $300,000 for any one person in a single
accident or occurrence.
C. AUtO►11obilC Liability 111SUrance in an amount not less than $2,000,000 for all claims
arising out ol'a single accident or occurrence and $300,000 for any one person in a
single aceidcnt or occurrence.
1). Owner's Protective Liability Insurance - 'I"ile Contractor shall also obtain at its own
expense and deliver to the City an Owner's Protective Liabi lily Insurance Policy naming
the City of.fefferson as the insured,in an amount not less than$2,000,000 for all claims
arising out of a single accident or occurrence and $300,000 for any One person in a
single accident or occurrence,except for those claims governed by the provisions of the
Missouri Workmen's Compensation Law. Chapter 287, RSMo. No policy will be
accepted which Cxcludcs liability for damage to underground structures or by reason
® of blasting, explosion or collapse.
F. Subcontracts- In case any or all of this work is sublet, the Contractor shall require the
Subcontractor to procure and maintain all insurance required in Subparagraphs(a),(b),
and (c) hereof and in like amounts.
F. The Certificates of insurance furnished to the City showing proof of compliance with
these instlrancC requirements shall contain a provision that coverage under such policies
shall not be canceled or materially changed until at least fifteen days prior written
notice has been given to the City.
17. Indemnification.
Contractor agrees to incfenlnily and hold harmless the City for any and all damages, injuries, actions,
costs, attorney's fees and other expenses whatsoever arising out of the perlorillance of said contract
whether the property or persons damaged are the servants and employees of the Contractor or third
parties in no manner connected with said contract.
18. Terms and Conditions.
In consideration ofthe covenants contained here, Contactor agrees to make available to the City, upon
the tenns, covenants and conditions set out here, the equipment described above, on an as-needed and
available basis.
A. Contractor flu•ther expressly agrees to indenlllify the insurance Company tier any and all
loss, damage, cost and expense) pawl or incurred by the insurance company because of
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injuries or darttages sustained by occupants of file vehicle, in states where the law
makes Contractor or its insurance carrier liable for injuries to occupants ofthe vehicles
or because of injuries or damages resulting from the operation of the vehicle in,
violation ofany of the terms and conditions appearing in this Contract.
B. City expressly agrees to pay Contractor on demand service and lime Charges Computed
at the rate specified in the rate schedule for the period of this Contract.
19. Use 1118 Operation of Equipment.
Contractor agrees that any equipment utilized shall be used and operated only be experience!, skilled
and careful operators who have been licensed to operate such equipment. Contractor shall keep the
equipment in good repair and operating condition at all times for the duration ofthis Contract at its own
expense.
20. Labor.
Contractor slut( provide all labor necessary to operate the equipment and machinery utilized by
Contractor in perfonuing under this Contract.
21. Status as Independent Contractor.
The City and Contractor agree that Contractor is in no way the agent, servant or employee of the City.
The City has no control over performance of the work contemplated by this Contract. The relationship
of Contractor to the City is that of an independent contractor.
22. Acts of God.
In the event of war,strike or other causes beyond the control of Contractor,which event(s)interfere with
Contractor's performance under this Contract, Contractor may cancel this Contract.
23. Partial Invalidity of Contract.
If any of the provisions of this Contract shall contravene,or be invalid under,the laws of Missouri,such
contravention or invalidity shall not invalidate the entire Contract, but it shall be construed as if not
containing the particular provision or provisions held to he invalid,and the rights and obligations of the
parties shall be construed and enforced accordingly. Any provision of this Contract found to be
prohibited by law shall be ineffective to the extent of such prohibition without invalidating the
remainder of this Contract.
24. Law to Govern Conti-act.
The law of Missouri shall govern the construction and interpretation of this Contract.
25. Cancellation.
This Contract shall be subject to cancellation by either party at any time following thirty (30) days
notice.
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26, Notices.
All notices,consents, authorizations, requests and statements hereunder shall be deemed to have been
properly given if delivered by and/or mailed by first class United States mail,postage prepaid, if to the
City,to the Director ofCommunity Development,City of Jefferson,320 East McCarty,Jefferson City,
Missouri, 65101, and if to the Contractor, New World Recycling; Company, 2007 Idlcwood Road,
Jefferson City, MO 65109.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above
written.
CITY Q JEF RS O Uj�,i'-- ;. NEW WORLD RECYCLING COMPANY
At/
Title:
ATTEST: ATTEST:
City Clerk Title:
APPROVED AS TO FORM:
City Counselor
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PAYMENTS RECEIVED FROM NEW WORLD RECYCLING
ACCOUNT NUMBER: 1000-3301-1005.0010 RECYCLEICOLLECT PROCESS:
Month ChsGk* bete our>t Cardboard Mmpnxlnrad Newspaper
April, 2000 1607 05/10/2000 $520.00 4,450 _ 10,360 29,020
May, 2000 1641 06/17/2000 $830.50 7,840 15,440 44,600
June, 2000 1663 07/13/2000 $576,50 5,700 7,360 31,230
July, 2000 2502 08/04/2000 $321.06 6,650 12,620 34,190
August, 2000 2526 09/07/2000 $96.16 5,710 12,210 37,040
September, 2000 2561 10/04/2000 $18.15 5,495 10,790 37,260
October, 2000 2592 11/1212000 $225.90 5,985 14,760 45,180
November, 2000 2608 11/30/2000 $111.30 4,860 13,390 44,520
December, 2000 2638 01/11/2001 $72.00 5,230 9,350 31,990
January, 2001 $0.00 6,515 13,090 37,090
February, 2001 $0.00 3,855 14,195 39,318
March, 2001 $0.00 6,312 12,320 44,533
April, 2001 $0.00 7,365 12,780 42,345
May, 2001 $0.00 9,986 13,632 49,288
June, 2001 $0.00 7,456 7,652 46,791
July, 2001 $0.00 5,352 5,944 39,210
August, 2001 $0.00 7,673 12,897 41,779
September, 2001 $0.00 6,592 9,905 34,721
October, 2001 $0.00 7,064 •12,254 37,343
November, 2001 $0.00 7,695 15,999 42,050
December, 2001 $0.00 7,399 11,595 42,544
January, 2002 $0.00 9,657 14,849 46,004
February, 2002 $0.00 6,477 11,345 34,999
March, 2002 $0.00 4,404 8,516 29,376
April, 2002 3177 05/06/2002 $12.43 5,528 10,959 37,720
May, 2002 3215 06/01/2002 $56.80 6,237 11,252 42,050
June, 2002 3257 07/03/2002 $123.72 6,186 11,468 41,937
July, 2002 3291 07/31/2002 $330.31 6,623 16,286 44,023
August, 2002 3334 09/05/2002 $222.45 4,317 11,252 36,277
September, 2002 3376 10/03/2002 $332.36 5,285 11,832 36,782
October, 2002 3415 11/01/2002 $396.79 5,698 13,740 54,507
November, 2002 3451 12/02/2002 $279.42 3,727 13,988 35,186
December, 2002 3507 01/10/2003 $349.76 4,441 14,564 50,948
January, 2002 3554 02/12/2003 $113.18 3,971 9,993 36,667
February, 2003 3590 03/10 12003 $100.44 3,153 8,192 33,122
March, 2003 3641 04/16/2003 $295.98 4,228 11,338 45,918
April, 2003 3683 05/15/2003 $304.71 4,176 13,126 46,249
May, 2003 3718 06/06/2003 $180.83 4,394 12,594 47,212
June, 2003 3766 07/08/2003 $353.44 4,627 12,721 47,087
July, 2003 3800 08/01/2003 $178.97 5,446 12,402 50,586
August, 2003 4045 09/04/2003 $154.36 4,556 12,290 42,680
September, 2003 4093 10/03/2003 $298.48 4,428 11,731 45,783
October, 2003 1 4145 11/05/20031 $183.36 4,680 13,293 47,920
0 TOTALS 57,031.42 247,423 1 516,274 - 1,765,075
FINANCE DEPARTMENT
PURCHASING DIVISION
SLJBJE'CT: Proposal 2103 - •transportation and Recyclingo f'Materials. ('onl Ill u Ili ty
Development, Received on October 28, 2003
PROPOSALS RL:C'I:IVIiI):
MRS Company. .lelTerson City. Missouri
New World Recycling, .lclTerson City, Missouri
"three other lirnts were sent the request lbr proposals but did not respond. The tabulation of
proposals is attached.
HS(."AI. Nc: TF.:
The provider ol'this service will pity the City basal on the market cost per ton of
materials picked Lill.
PAST PE:RI"ORMANCE:
New World Recycling of•.JelTerson City, (Vlissuuri has provided this service for the past
three years and has been rated satisfactorily.
RI COMMI",M)M'ION:
It is recommended that the proposal as submitted by New World Recycling ol'.lefferson
City. Missouri be accepted. 1 he agreement will Lie fctr a one year period with tip to two
additional one year renewal periods.
ATTACl NIHNTS - SUPPORTING DOCUMENTATION
Tabulation of' Proposals
�1
Signature .�>✓�- '�'t�s�.-�>d� ti ____ _ -_---'"
Purchasing Ag mt Dirx or, lunity Development
MEMO
Cfly of,Icffcrson
Deportment of COnununity Development
320 E,McCort),,Jefferson(;fly,NIO 651111
573-634.6410
TO: Terry Stephenson
From: Pat Supt un
Sul)jeet: Bid No. 2100
Date: November 10, 2003
The Department 0fC'onl III unity Development is recommending the City C01.1116 I to enter into
a contract with New World Recycling Center for the purliose ofcollceting newspapers, magazines
and cardboard fi•om the City's five drop-off sites.
New World Recycling is a recycling business located in the City that fills demonstrated the
ability to manage this project under their previous contract and who proposes to C011tillLIC the Same
services under the proposed new contract. The proposed contract has no cost to the City but rather
a small income(52,917+ October 1, 2002 to September 30, 2003) that rises or falls with the market
for these items. In addition to the income Jefferson City tvas able to prevent 99,245 lbs. of
cardboard, 146,679 lbs.of magazines and 535,945 lbs.ofncwspaper from entering the landfill. This
also saved the disposal cost of these items to the citizens who recycled.
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CITY OF JEFFERSON
CONTRACT RENEWAL OF TRANSPORTATION
AND
RECYCLING OF MATERIALS
WHEREAS,the City of Jefferson,Missouri, a municipal corporation, with offices at 320 East
McCarty Street, Jefferson City, Missouri, 65101, hereinafter designated "City,"entered into
an Agreement with New World Recycling Company, with offices at 2007 Idlewood Road,
Jefferson City, Missouri, 65109 hereinafter referred to as"Contractor,"on December 3, 2003,
and amended December 10, 2004.
WHEREAS, the Agreement was for transportation and recycling of materials; and
WHEREAS,both parties wish to extend the agreement for the second of two additional one-
year renewal periods as stipulated in Paragraph 2 of the agreement dated December 3, 2003,
and amended December 10, 2004;
NOW, THEREFORE, be it agreed by the parties that the agreement is hereby renewed for
the final of the two additional one-year periods to end December 31, 2006.
IN TESTIMONY WHEREOF,the parties have hereunto set their hands and seals this
day of December, 2005.
CITYOF JEFFERSON,MISSSODURI NEW WORLD RECYCLING COMPANY
/
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Mayor Pro-Tempore Title: res'Z ,
ST: ATTEST:
aw,yl,�-
City Clert Title:' . r-C
APPRO A T FORM:
City Counselor
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CITY OF JEFFERSON
EXTENSION OF TRANSPORTATION
AND
RECYCLING OF MATERIALS
WHEREAS,the City of Jefferson, Missouri, a municipal corporation, with offices at 320 East
McCarty Street, Jefferson City, Missouri, 65101, hereinafter designated "City,"entered into
an Agreement with New World Recycling Company, with offices at 2007 Idlewood Road,
Jefferson City, Missouri, 65109 hereinafter referred to as"Contractor,"on December 3, 2003,
and amended December 10, 2004, and December 22, 2005.
- - ---WHERiEAS,the Agreement was for transportation and recycling of-materials,—and - - --- --- —
WHEREAS, both parties wish to extend the agreement for a period of six (6) months;
NOW, THEREFORE, be it agreed by the parties that the agreement is hereby extend the
agreement for an additional period of six (6) months ending June 30, 2007.
IN TESTIMONYWHEREOF,the parties have hereunto set their hands and seals this 11�
day of February, 2007.
CITY OF JEFFERSON,MISSOURI NEW WORLD RECYCLING COMPANY
May Title:,.-eS� ,7
A js -; ATTEST:
City--Clerk title:
AP O A -FORM:
City Counselor
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