HomeMy Public PortalAboutORD14742 BILL NO. 2010-82
SPONSORED BY COUNCILMAN✓ Harvey
ORDINANCE NO. l
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH NEW WORLD
RECYCLING FOR TRANSPORATION AND RECYCLING OF MATERIALS
WHEREAS, New World Recycling has been selected as the firm best qualified to
provide transportation and recycling services.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1. New World Recycling is hereby approved as the best qualified firm to
provide transportation and recycling 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 transportation and recycling services.
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.
Passed: R Approved:
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�Pr66iding Officer Mayor
ATTEST: APPROVED AS TO FORM:
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City Clerk City Counselor
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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 Toebben Enterprises, Inc., 2007 Idlewood Road, Jefferson City, Missouri,
65109 hereinafter referred to as "Contractor," on December 10, 2010;and
WHEREAS, the Agreement was for transportation and recycling of materials; and
WHEREAS,both parties wish to extend the agreement for the first of four additional one-year
renewal periods as stipulated in Paragraph 2 of the agreement dated December 10, 2010;
NOW, THEREFORE, be it agreed by the parties that the agreement is hereby renewed for
the first of four additional one-year periods to end October 31, 2012.
IN TESTIMONYWHEREOF,the parties have hereunto set their hands and seals this
day of October, 2011.
CITY OF JEFFERSON, MISSOURI TOEBBEN ENTERPRISES, INC.
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Mayor Title.
ATT, ATTEST:
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City Clerk Title:
APPROVED AS TO FORM:
ntex�m City Counselor
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CITY OF JEFFERSON
CONTRACT FOR TRANSPORTATIONAND RECYCLING OF MATERIALS
THIS CONTRACT made and entered this / i' clay of December,2010,by and between the City of Jefferson,
Missouri, a municipal corporation,hereinafter referred to as"City,"and Toebben Enterprises,Inc.,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 the
terms and conditions herein set forth,
NOW,THEREFORE,be it agreed as follows:
I. Scope of Services.
Contractor shall collect,process, and market newspaper,magazines,and cardboard collected from six
(6) drop-off locations in the City of Jefferson. Contractor shall collect and remove all recyclable
materials which are segregated anyplace in or adjacent to recycling containers at any of the six 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 shall be performed in the period between November 22,
2010 through October 31,2011. With the consent of both parties,the contract may be extended for four
(4)additional one(1)year periods.
3. Frequency 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. Recycliug Containers.
The City of Jefferson shall provide seven containers which the Contractor shall distribute, recycling
containers to each of seven designated drop-off locations as follows:
1 McKay Park
3 Memorial Park
1 Fire Station One, 621 West High Street
I Fire Station Two, 2400 East McCarty Street
2 East City Hall Parking Lot, 420 East McCarty Street
1 Fire Station Five, 1005 Fairgrounds Road
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.
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The drop-off containers shall be of the following specifications:
a. Enclosed, metal roll-off
b. Twenty cubic yard capacity
C. Three-grated compartment
d. Six service doors and standard connection hitch
Contractor shall have no responsibility for the replacement or retrieval of any ofthe recycling containers
unless the need for replacement or retrieval is due to the fault of the Contractor.
5. Replacement of Recycling Containers
The City of Jefferson 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 notification by the City,it will
promptly replace the missing or damaged recycling container at its expense. Nothing contained here
shall limit the right of the City to seek payment for damaged or loss containers from the responsible party
or parties.
6. Transportation of Recyclable Materials.
Contractor shall transport the collected recyclable materials to an approved Processing Center.
Contractor shall be responsible for the 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 minimum requirements:
a. Contractor shall maintain all 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 Jefferson shall have the right, upon reasonable notice, to audit the records of the
Contractor to ensure compliance with the provisions of this Agreement.
8. Compensation.
The City agrees to guarantee the Contractor a gross of Forty Dollars {$40.00} per ton for recycling
material,consisting of 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 market exceeds$40.00 per ton,the contractor
shall pay the City based on the following scale:
Market Price Company will pay
$40 -$59/ton 10% of market price/ton
$60-$79/ton 20% of market price/ton
$80 -$ -/ton 30%of market price/ton
*50%is maxiinum/ton
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9. Payment
Payment shall be made to Contractor by City upon submission of an itemized invoice,properly signed
and submitted,in duplicate,to the Finance Director,320 East McCarty Street,Jefferson City,Missouri,
65 10 1. Should the amount of money owed either the Contractor or the City,under Paragraph&,be less
than$200.00 at any point,payment may be delayed until one party owes the other in excess of$200.00.
Provided further,that on the annual anniversary date of this contract,the account shall be settled and the
Contractor must submit monthly statements even if no money is then due and owing.
10. Contamination of Material
Should the material deposited in the recycling drop off containers become contaminated to the extent
that the material is unacceptable for the market,requiring the land filling of the contents, the City will
pay only the direct and actual cost for land filling the material.
11. Pickup Time.
The starting time for collection services shall not commence 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 maintain thoughts the term of this Agreement all permits,
licenses,and approvals necessary or required for Contractor to perform the work and services described
herein.
13. Failure to Perform,Cancellation.
If, through any cause, Contractor shall fail to fulfill in timely and proper manner its obligations under
this contract, or if Contractor shall violate any of the covenants, agreements, or stipulations of this
contract,the City shall thereupon have the right to terminate this contract by giving written notice to the
Contractor of such termination and specifying the effective date thereof,at least five(5)days before the
effective day of such termination. The Contractor or the City may terminate this contract upon thirty
(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 or novation),without prior written consent of the City thereto. Any such
assignment is expressly subject to all rights and remedies of the City under this agreement,including the
right to change or delete activities from the contract or to terminate the same as provided herein,and no
such assignment shall require the City to give any notice to any such assignee of any actions which the
City may take under this agreement, though the City will attempt to so notify any such assignee.
15. Nondiscrimination.
The Contractor agrees in the performance of the contract not to discriminate on the grounds or because
of race, creed, color, national origin or ancestry, sex, religion, handicap, age or political affiliation,
against any employee of the Contractor or applicant for employment and shall include as similar
provision in all subcontracts let or awarded hereunder.
16. Insurance.
Contractor agrees to obtain and maintain throughout the term of this contract
A. Workmen's Compensation Insurance for all of its employees to be engaged in work
under this contract.
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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 amount not Iess 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.
C. Automobile Liability Insurance 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.
D. Owner's Protective Liability Insurance - The Contractor shall also obtain at its own
expense and deliver to the City an Owner's Protective Liability Insurance Policy naming
the City of Jefferson 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 excludes liability for damage to underground structures or by reason of
blasting, explosion or collapse.
E. 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(e)hereof and in like amounts.
P. The Certificates of Insurance furnished to the City showing proof of compliance with
these insurance 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 indemnify and hold harmless the City for any and all damages, injuries, actions,
costs, attorney's fees and other expenses whatsoever arising out of the performance 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 of the covenants contained here,Contractor agrees to make available to the City,upon
the terms, covenants and conditions set out here,the equipment described above, on an as-needed and
available basis.
A. Contractor further expressly agrees to indemnify the insurance company for any and all
loss, damage, cost and expense paid or incurred by the insurance company because of
injuries or damages sustained by occupants of the vehicle,in states where the law makes
Contractor or its insurance carrier liable for injuries to occupants of the vehicles or
because of injuries or damages resulting from the operation of the vehicle in violation
of any of the terms and conditions appearing in this Contract.
B. City expressly agrees to pay Contractor on demand service and time charges computed
at the rate specified in the rate schedule for the period of this Contract.
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19. Use and Operation of Equipment.
Contractor agrees that any equipment utilized shall be used and operated only be experienced, 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 of this Contract at its own
expense.
20. Labor.
Contractor shall provide all labor necessary to operate the equipment and machinery utilized by
Contractor in performing 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 be 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. Illegal Immigration.
Prior to commencement of the work:
a. Contractor shall,by sworn affidavit and provision of documentation,affirm its enrollment and
participation in a federal work authorization program with respect to the employees working in
connection with the contracted services.
b. Contractor shall sign an affidavit affirniing that it does not knowingly employ any person who
is an unauthorized alien in connection with the contracted services.
C. if contractor is a sole proprietorship,partnership,or limited partnership,contractor shall provide
proof of citizenship or lawful presence of the owner prior to issuance of the Notice to Proceed.
25. Law to Govern Contract.
The law of Missouri shall govern the construction and interpretation of this Contract.
26. Cancellation.
This Contract shall be subject to cancellation by either party at any time following thirty (30) days
notice.
27. 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 of Community Development,City of Jefferson,320 East McCarty,Jefferson City,
Missouri, 65101, and if to the Contractor, Toebben Enterprises,Inc., 2007 Idlewood Road, Jefferson
City, Missouri, 65109.
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above
written.
CITY OF JEFFERSON,MISSOURI TOEBBEN ENTERPRISES,INC.
Mayor Presiderit
ATTEST: ATTEST:
City Clery Title
APPRO I AS-b FORM:
A
City Couns6lor
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FINANCE DEPARTMENT
PURCHASING DIVISION
SUBJECT: Proposal No. 2512 —Transportation and Recycling of Materials
Community Development, Opened September 16, 2010
PROPOSALS RECEIVED:
New World Recycling, Jefferson City, MO $40.00/ton required price
(as attached)
The RFP was sent to five additional vendors, advertised in News Tribune and posted on
the City website.
FISCAL NOTE:
City pays $40.00 ton for processing if the market falls below $40.00/ton. If the market
exceeds $40.00/ton, the contractor pays the City per scale.
$40.00 to $59.00/ton 10% of market price/ton
$60.00 to $79.00/ton 20% of market price ton
$80.00 to up 30% of market price/ton
PAST PERFORMANCE:
New World Recycling received the original contract based on competitive proposals and
has provided services as specified. Staff believes that the vendor will continue to
perform as in the past.
RECOMMENDATION:
Staff recommends award of the proposal to New World Recycling of Jefferson City,
Missouri for a one year period,November 1, 2010 through October 31, 2011. The
proposal lists up to four additional one year renewal periods should the City decide to
renew the agreement.
ATTACHMENTS - SUPPORTING DOCUMENTATION
Signature: 1
Purchasi g{Agent Acting Director, Coinmunffy Development
City,
enie .r x""
of erson
COMMLINfTY DEVELOPMENT !
Memorandum
320 East McCarty Street Jefferson City, Missouri 65101 P: 573-634.6410 • F: 573.634.6562 . www.jeffcitymo.orgIcd
Date: October 1, 2010
To: Terry Stephenson, Purchasing Agent
From: David Grellrt-er, Environ ental Health Manager
Subject: Proposal No. 2512 T ansportation and Recycling
Lauren Hershey, Project Manager, and 1 have reviewed Proposal No. 2512 Transportation and
Recycling. There has been only one proposal for the servicing of the bulk recycling containers
located throughout the City. After reviewing New World Recycling's proposal and comparing it
with past proposals, history and experience, we feel this proposal is acceptable and
recommend entering into a contract with New World Recycling for transportation and recycling
of material for the City of Jefferson.
dlc
"building a better community"
U:1CodeEnforcementldcarylDavid GrellnerlMEMO to Terry Stephenson-Transportation&Recycling.doc
Tabulation of Proposals
Proposal NO. 2512
Transportation & Recycling New World Recycling
Com. Development Jefferson City, MO
Received September 16, 2010
Item Unwt Price TntW Price Unit Price Total Price
Year One
Required price per ton should $40.00
market price fall below$40.00/ton
City pays contractor
If market exceeds $40.00/ton
Contractor to pay City per scale
Market Price $40.00 to $59.00/ton 10% of market price/ton
$60.00 to $79.00 1ton 20% of market price/ton
$80.00 to up 30% of markt price/ton
Year Two
Required price per ton should $40.00
market price fall below$40.00/ton
City pays contractor
If market exceeds $40.00/ton
Contractor to pay City per scale
Market Price $40.00 to$59.00/ton 10% of market price/ton
$60.00 to $79.001ton 20% of market price/ton
$80.00 to up 30% of markt pricelton
Year Three
Required price per ton should $40.00
market price fall below$40.00/ton
City pays contractor
if market exceeds $40.00/ton
Contractor to pay City per scale
Market Price $40.00 to $59.001ton 10% of market price/ton
$60.00 to $79.00/ton 20% of market pricelton
$80.00 to up 30% of markt price/ton
Year Poor
Required price perton should $40.00
market price fall below$40.00/ton
City pays contractor
If market exceeds $40.00 1ton
Contractor to pay City per scale
Market Price $40.00 to $59.00/ton 10% of market price/ton
$60.00 to $79.00/ton 20% of market price/ton
$80.00 to up 30% of markt price/ton
Proposal NO. 2512
Transportation& Recycling New World Recycling
Cam. Development Jefferson City, MO
Received September 16, 2010
page 2 of 2
Total Price Unit Price Total Price
Year Five
Required price per ton should $40.00
market price fall below$40.00Iton
City pays contractor
If market exceeds$40.00/ton
Contractor to pay City per scale
Market Price $40.00 to $59.00/ton 10% of market price/ton
$60.00 to $79.00/ton 20% of market price/ton
$80.00 to up 30% of markt price/ton
The following specification holders did
not respond:
M &W Hauling, Eugene, MO
MRS, Jefferson City, MO
Allied Waste Services, Jefferson City, MO
QRS Recycling, Hazelwood, MO
i
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 Toebben Enterprises, Inc., 2007 Idlewood Road, Jefferson City, Missouri,
65109 hereinafter referred to as"Contractor,"on December 10,2010,and amended on October
17, 2011; and
WHEREAS, the Agreement was for transportation and recycling of materials; and
WHEREAS,both parties wish to extend the agreement for the second of four additional one-
year renewal periods as stipulated in Paragraph 2 of the agreement dated December 10,2010,
and amended on October 17, 2011.
NOW, THEREFORE, be it agreed by the parties that the agreement is hereby renewed for
the second of four additional one-year periods to end October 31, 2013.
IN TESTIMONYWHEREOF,the parties have hereunto set their hands and seals this
day of September, 2012.
CITY OF JEFFERSON, MISSOURI TOEBBEN ENTERPRISES, INC.
Mayor Title://y f f d,G
ATTEST: ATTEST:
City Clerk Title.
APPROVED AS TO FORM:
City C selor
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