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Home My WebLink About07/21/1989 Patricia Smith, Chair Pat DeMond Donald K. Ratty Staff: Mary Strenn AGENDA CITY INTERGOVERNMENTAL RELATIONS COMMITTEE Friday, July 21, 1989 12:15 p.m. City Manager's Conference Room 1. RECYCLING TO: JOHN W. STINSON, ASSISTANT TO THE CITY MANAGER FROM~MIKE SIDES, SANITATION SUPERINTENDENT SUBJECT: BAKERSFIELD ASSOCIATION FOR RETARDED CITIZENS - NEWSPAPERS AND CARDBOARD RECYCLING BINS Background The Bakersfield Association for Retarded Citizens (B.A.R.C.) has provided recycling bins for use by the general public for many years in the Bakersfield Metropolitan area. These newspapers and cardboard bins have provided a convenience to environmentally-minded citizens, while diverting large tonnages of material from conventional refuse containers. Problem B.A.R.C. is now being impacted by marked decreases in revenues paid for recycled cardboard and newspapers. The market for such materials has always been delicate in that heightened awareness produces increased amounts of recyclables, which in turn devalues the material at market'. Recent market decreases have necessitated the removal ~of newspaper and' cardboard bins from the community; it is estimated that over 100 bins are currently placed in the Bakersfield Metropolitan area. Proposed Solutions Proposal #1 - Allow B.A.R.C. to continue the removal of newspaper-'and cardboard bins from the community; complete removal will most likely result in the following: a. An increased amount of newspaper and cardboard disposed into refuse containers. b. Newspaper and cardboard will continue to be dumped at bin locations, necessitating some form of cleanup. c. A decrease in tonnage totals of recycled material; the County Solid Waste Management Plan currently requires 20%. Proposal #2 - The City of Bakersfield could coordinate a program with B.A.R.C. to place and service newspaper and cardboard bins in the incorporated area. City crews would service'cardboard and newspaper bins once weekly, and deliver the recyclables to a recycling center; all proceeds to §o to B.A.R.C. Negotiations could be conducted to establish a revenue cap, allowing the City to receive a portion of revenues; said JOHN W. STINSON July 11, 1989 Page -2- revenues could be designated for a special fund or purpose, i.e., construction fund for waste processing facility, City-wide cleanup fund, etc. Proposal #3 - Donate used .City refuse vehicles to B.A.R.C. to service existing bin accounts. At the present time, assuming the price for newspapers and cardboard does not drop further, this option remains viable. Proposal #4 - City could subsidize B.A.R.C. at the rate of $60.00 per bin per month to continue servicing bins. MS.alb NEWSPAPER PICK-UP NAME/ADDRESS NAME/ADDRESS FRANK WEST scHOoL ~ KERN CITY ~) WILSON ROAD SUNDIAL & PEBBLE BEACH K-MART O WILSON ROAD O ST. JOHNS LUTHERAN CHURCH 913 STIHL ROAD BUILDERS SOUARE G ST. PHILLIPS CHURCH ~) 4001 MING AVENUE , - 7100 STOCKDALE G ST. FRANCIS CHURCH : O CAL STATE BAKERSFIELD 9TH ST. AND H STREET 9001 STOCKDALE ~0) GRACE LUTHERAN CHURCH ' (~ ALL SAINTS EPISCOPAL CHURCH 26TH/2168 DRAKE STREET· 3200 GOSFORD ROAD GARCES HIGH SCHOOL ..' ~ KERN CHRISTIAN CENTER 2906 LOMALINDA 4201 STINE ROAD BETHEL TEMPLE ' LOMA LINDA ~ SANDRINI SCHOOL ALUM & DOVEWOOD NORTH MINSTER PREScHoOL 3?00 UNION AVENUE O CIVIC CENTER 16TH AND H STREET MILLERS OUTPOST , BAKERSFIELD CALIFORNIAN · . (~ DOWNTOWN . BAKERSFIELD COLLEGE LADY OF PERPETUAL HELP CHURCH HALEY & UNIVERSITY . O 2710 LOMALINDA CHRISTIAN CHURCH . 420 UNIVERSITY AVENUE 0 WASHINGTON JR. HIGH SCHOOL 1101 NOBLE CALVARY BAPTIST CHURC'H' ~ UNIVERSITY CHURCH 603 NILES FLOYDS STORE ALBERTSONS/SKAGGS SO. CHESTER AVENUE . (~ 2882 MT. VERNON ST. FRANCIS SCHOOL 2516 PALM " O LAUREL GLEN BIBLE CHURCH MING & ASHE ROAD"' TARGET PRINT COUNTY SCHOOLS OFFICE 360? GIBSON (NEAR RED LION INN) O 5801 SUNDIAL STOCKDALE LIQUORS Q NEW LIFE IN CHRIST CHURCH 3808 STOCKDALE HIGHWAY ?000 WIBLE ROAD METHODIST CHURCH ~ ST. ,PAUL'S CHURCH 4600 STOCKDALE HIGHWAY VIRGINIA & LAKEVIEW DRAFT AG~]~ENTNO. THIS AGREEMENT, entered into this day of · 1989, by and between the CITY OF BAKERSFIELD, a municipal corporation· hereinafter "City·" and BAKERSFIELD ASSOCIATION OF RETARDED CITIZENS, a nonprofit organization, hereinafter "BARC." RECITALS W~RREAS, BARC has been collecting newspapers for recycling and using the proceeds from that recycling for its charitable purposes; and WHEREAS, BARC has been paying for the collection of those newspapers from their bins; and WHEREAS, due to the depressed market for recycled newsprint· BARC can no longer pay to have newspapers collected from their bins; and WHEREAS, City has a refuse truck (hereinafter "TRUCK") which is not currently needed for city use, and wishes to lease the truck to BARC; and WHEREAS, BARC wishes to lease the truck from City. NOW, T~RREFORE, IT IS AG~F.R~ by and between the parties hereto as follows: 1. LEASE: City shall lease to BARC a refuse truck (Vehicle Identification No. D1045GCA18961) for the purpose of collecting newspapers for recycling purposes. 2. PAYMENT: BARC shall pay to City the sum of'$1.00 as consideration for the lease of the truck. Such payment shall be due upon execution of this agreement. 3. TERM OF LEASE: This lease shall remain in effect for a period of one year from the date of execution of this agreement. 4. TERMINATION: This agreement may be terminated by any party upon 30 days written notice to all other parties. Upon termination of this Lease, truck'shall be returned .to City in the same Condition, excluding reasonable wear and tear, as delivered to BARC. BARC agrees to pay all fees for re-registration of truck in City's name. 5. LICENSE PLATES: Prior to taking possession of the truck, BARC shall register the truck in its own name with the Department of Motor Vehicles (hereinafter "DMV"), replace the license plates currently on the truck with valid license plates obtained from DMV and remove all city identification from the truck. 6. INSURANCE: 'During the term of this Agreement, BARC shall maintain a single limit broad form commercial general liability insurance policy in an amount of not less~ than $1,000,000 per occurrence with combined liability for personal injury, property damage and automobile liability with a reliable insurance carrier authorized to do business in the state of California. Said automobile liability insurance shall provide coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury with limits of not less than $1,000,000 per occurrence. Said policy or policies of insurance shall expressly name the City and its agents, officers, and employees as additional insureds. Said insurance shall not be subject to cancellation., non-renewal~ or coverage reduction without thirty (30) days written notice to City. BARC shall provide to the City proof of insurance endorsements and certificates of insurance prior to execution of this Agreement. Said proof of endorsements and certificates of insurance shall be attached to this Agreement as Exhibit "A". 7. INDEMNITY: BARC shall indemnify, defend, and hold harmless City, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, for injury to or death of persons or damage to property arising out of, connected with, or caused by BARC, BARC's employees, agents or independent contractors or companies in the performance of (or in any way arising from) the terms and provisions of this Agreement. 2 8. WAIVER OF DEFAULT: The failure of any party to enforce against another a provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. 9. FORUM: Any lawsuit pertaining to any matter arising under, or growing out of, this contract shall be instituted in Kern County, California. 10. TIME: Time is of the essence in this Agreement. 11. NOTICES: All notices relative to this Agreement shall be given in writing and shall be sent by certified or registered mail and be effective upon depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY OF BAKERSFIELD City Hall 1501 Truxtun Avenue Bakersfield, California, 93301 BAKERSFIELD ASSOCIATION OF RETARDED CITIZENS 2240 South Union Avenue Bakersfield, California, 93307 12. ASSIGNMENT: This contract shall not be assigned by any party, or any party substituted, without prior written consent of all the parties. 13. BINDING EFFECT: The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon,~ the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns. 14. MERGER AND MODIFICATION: This contract sets forth the entire agreement between the parties, and supersedes all other oral or written representations. This contract may be modified only in a writing approved by the City Council and signed by all the parties. 15. CORPORATE AUTHORITY: Each individual executing this Agreement represents and warrants that they are duly authorized to execute and deliver this Agreement on behalf of the corporation or organization named herein and that this Agreement is binding upon said corporation or organization in accordance with its terms. 16. COMPLIANCE WITH ALL LAWS: BARC shall, at BARC's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations now in force or which may hereafter be in force. 17. EXECUTION: This Agreement is effective upon execution. It is the product of negotiation and therefore shall not be construed against any party. 18. TAXES: BARC shall pay all taxes and assessments on said vehicle from all sources as they become due. 19. TAX NUMBERS: BARC's Federal Tax ID Number . BARC is a corporation? Yes No . (Please check one.) o0o 4 IN WITNESS WHEREOF, the parties to this Agreement have executed the save on the day and year first above-mentioned. "City" CITY OF BAKERSFIELD By CLARENCE E. ~nDERS, MAYOR APPROVED AS TO FORM: ARTHUR J. SAALFIELD CITY ATTORNEY By. CO~l]~RS I S~W_D: By. GREGORY KLIMKO FINANCE DIRECTOR ,,BARc,, BAKERSFIELD ASSOCIATION OF RETARDED' CITIZENS By By LCM:meg/kdsc BARC.A 8/25/89