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Home My Public Portal About072-Sanitation & RumpkeAGREEMENT THIS AGREEMENT made and entered into this % a* day of ti between the City of Richmond, Indiana, a municipal corporatinby , and through its Board of 2004, by and tion ac Sanitation Commissioners (hereinafter referred to as the "City") and Rumpke Jaysville St. Johns Road, Greenville, Ohio 45331 (hereinafter referred to as the Contractor �5474 SECTION I. STATEMENT AND SUBJECT OF WOE{ Contractor hereby agrees to purchase certain recyclable materials maintained by City at its Material Recovery Facility (MRF). CITY OFFERS NO EXPRESS WARRANTY QUALITY OR REUSABILITY OF ANY MATERIAL CONRA OR SHALL PURCHASE AND DISCLAIMS IMPLIED WARRANTY OF MEANY IMPLIED WARRANTY, ANY AND FITNESS FOR A PARTICULAR PURPOSE, THAT MAY BE APPLICABLE TO THE GOODS COTRACTOR SHALL PURCHASE DURING THE TERM OF THIS AGREEMENT. IN NO EVENT SHALL CITY BE LIABLE TO CONTRACTOR FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES RESULTING FROM THIS CONTRACT. A certain Request for Quotes, dated May 12, 2004, has been made available for inspection by Contractor, is on file in the office of the Richmond Sanitary District Office, and is hereby incorporated by reference, made a part of this Agreement. Contractor shall perform all work in a manner conforming with the requirements outlined in the Request for Quotes. Certain Plans and Specifications specifically detailing the work to be performed are on file in the Office the Richmond Sanitary District. Such Plans and Specifications are hereby incorporated by reference and made a part of this Agreement. Contractor shall perform all work in a manner strictly conforming to said Plans and Specifications. Contractor warrants that it has reviewed, understands, and is familiar with the previously mentioned Plans and Specifications and that the work performed will comply with said Plans and Specifications. Should any provisions, terms, or conditions contained in any of the documents attached hereto Exhibits, or in any of the documents incorporated by reference herein, conflict with any of the as Provisions, terms, or conditions of this Agreement, this Agreement shall be controlling. The Contractor shall furnish all labor, material, equipment, and services necessary for aninciden to the proper completion of all work specified. y tal No work shall commence until the City is in receipt of any required bonds and certificates of insurance, and until a purchase order has been issued by the Purchasing Department. SECTION II. STATUS OF CONTRACTOR Contractor shall be deemed to be an independent contractor and is not an employee or agent of the City of Richmond. The Contractor shall provide, at its own expense, competent supervision of the work. SECTION III. COMPENSATION Contractor agrees to pay City at the rates described on "Exhibit A" for the purchase and removal of recyclable materials. Contract No. 72-2004 Page 1 of 5 SECTION IV. TERM OF AGREEMENT This Agreement shall become effective when signed by all parties and shall continue in effect until December 31, 2005. Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in part, for cause, at any time by giving at least five (5) working days written notice specifying the effective date and the reasons for termination, which shall include, but not be limited to, the following: a. failure, for any reason of the Contractor to fulfill in a timely and workmanlike manner its obligations under this Agreement, including but not limited to, all work described in the Bid Specifications; b. submission by the Contractor to the City of reports that are incorrect or incomplete in any material respect; c. ineffective or improper use of funds provided under this Agreement; d. suspension or termination of the grant funding to the City under which this Agreement is made; or e. unavailability of sufficient funds to make payment on this Agreement. In the event of such termination, the City shall be required to make payment for all work performed prior to the effective date by Contractor, but shall be relieved of any other responsibility herein. This Agreement may also be terminated by either the City or the Contractor, in whole or in part, by mutual Agreement setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. SECTION V. INDEMNIFICATION AND INSURANCE Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person or property or any other claims which may arise from the Contractor's conduct or performance of this Agreement, either intentionally or negligently; provided, however, that nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts of the City, its officers, agents, or employees. Contractor shall as a prerequisite to this Agreement, purchase and thereafter maintain such insurance as will protect it from the claims set forth below which may arise out of or result from the Contractor's operations under this Agreement, whether such operations by the Contractor or by any sub -contractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may be held responsible. Coverage Limits A. Worker's Compensation & Statutory Disability Requirements B. Employer's Liability $100,000 Page 2 of 5 C. Comprehensive General Liability Section 1. Bodily Injury Section 2. Property Damage D. Comprehensive Auto Liability Section 1. Bodily Injury Section 2. Property Damage $300,000 each occurrence $300,000 aggregate $100,000 each occurrence $300,000 each person $300,000 each occurrence $100,000 each occurrence E. Comprehensive Umbrella Liability $1,000,000 each occurrence $1,000,000 each aggregate SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and shall, before commencing work under this Agreement, provide the City a certificate of insurance, or a certificate from the industrial board showing that the Contractor has complied with Indiana Code Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and therefore subject to another state's worker's compensation law, Contractor may choose to comply with all provisions of its home state's worker's compensation law and provide the City proof of such compliance in lieu of complying with the provisions of the Indiana Worker's Compensation Law. SECTION VH. RELEASE OF LIABILITY Contractor hereby agrees to release and hold harmless the City and all officers, employees, or agents of the same from all liability for negligence that may arise in the course of Contractor's performance of its obligations pursuant to this Agreement. SECTION VM. PROHIBITION AGAINST DISCRIMINATION A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or any person acting on behalf of Contractor or any sub -contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, religion, color, sex, disability, national origin, or ancestry. B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees: That in the hiring of employees for the performance of work under this Agreement of any subcontract hereunder, Contractor, any subcontractor, or any person acting on behalf of Contractor or any sub -contractor, shall not discriminate by reason of race, religion, color, sex, national origin or ancestry against any citizen of the State of Indiana who is qualified and available to perform the work to which the employment relates; Page 3 of 5 2. That Contractor, any sub -contractor, or any person action on behalf of Contractor or any sub -contractor shall in no manner discriminate against or intimidate any employee hired for the performance of work under this Agreement on account of race, religion, color, sex, national origin or ancestry; 3. That there may be deducted from the amount payable to Contractor by the City under this Agreement, a penalty of five dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the Agreement; and 4. That this Agreement may be canceled or terminated by the City and all money due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the Agreement. C. Violation of the terms or conditions of this Agreement relating to discrimination or intimidation shall be considered a material breach of this Agreement. SECTION IX. MISCELLANEOUS This Agreement is personal to the parties hereto and neither party may assign or delegate any of its rights or obligations hereunder without the prior written consent of the other party. Any such delegation or assignment, without the prior written consent of the other party, shall be null and void. This Agreement shall be controlled by and interpreted according to Indiana law and shall be binding upon the parties, their successors and assigns. This document constitutes the entire Agreement between the parties, relating to the subject matter herein, although it may be altered or amended in whole or in part at any time by filing with the Agreement a written instrument setting forth such changes signed by both parties. By executing this Agreement the parties agree that this document supersedes any previous discussion, negotiation, or conversation relating to the subject matter contained herein. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. The parties hereto submit to jurisdiction and venue of the courts of Wayne County, Indiana, and any suit arising out of this Contract must be filed in said courts. The parties specifically agree that no arbitration or mediation shall be required prior to the commencement of legal proceedings in said Courts. By executing this Agreement, Contractor is estopped from bringing suit or any other action in any alternative forum, venue, or in front of any other tribunal, court, or administrative body other than the Circuit or Superior Courts of Wayne County, Indiana, regardless of any right Contractor may have to bring such suit in front of other tribunals or in other venues. Any person executing this Contract in a representative capacity hereby warrants that he/she has been duly authorized by his or her principal to execute this Contract. In the event of any breach of this Agreement by Contractor, and in addition to any other damages or remedies, Contractor shall be liable for all costs incurred by City in its efforts to enforce this Agreement, including but not limited to, City's reasonable attorney's fees. In the event that an ambiguity, question of intent, or a need for interpretation of this Agreement arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. Page 4of5 IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the day and year first written above, although signatures may be affixed on different dates. "CITY" THE CITY OF RICHMOND, INDIANA by and through its Board of Sanitation Commissioners By: William Thomas, President Date: `li'-- APPROVED: Sarah L. Hutton, Mayor Date: "CONTRACTOR" RUMPKE OF OHIO, By: William J. 4Rt Title: President Date: 7/12/04 Page 5 of 5 Attachment 1 Baled Plastic #1 — PETE Rumpke Recycling will pay $0.07 under the Chicago Average from the Waste News Commodity Pricing Report. Bales must conform to industry standards such as metal ties. Baled Plastic #2 — HDPE (clean/natural) Rumpke Recycling will pay $0.07 under the Chicago Average from the Waste News Commodity Pricing Report. Bales must conform to industry standards such as metal ties. Baled Plastic #2 — HDPE (mixed/colored) Rumpke Recycling will pay $0.07 under the Chicago Average from the Waste News Commodity Pricing Report. Bales must conform to industry standards such as metal ties. Baled Newspaper Rumpke Recycling will pay $25.00 under Chicago High Side from the Official Board Markets, transacted paper stock prices for baled Newspaper Bales must conform to industry standards such as metal ties. Baled Office Paper Rumpke Recycling will pay $40.00 under Chicago High Side from the Official Board Markets, transacted paper stock prices for baled SOP (sorted office paper) Bales must conform to industry standards such as metal ties. Baled Aluminum Cans — Monthly Red Book Price Rumpke Recycling will pay $0.07 under the American Metals Market pricing for baled aluminum cans. Pricing is based on no contamination such as plastic and minimal moisture content. Baled Steel Cans — Monthly Red Book Price Rumpke Recycling will pay $0.06 under the American Metals Market pricing for baled steel cans. Pricing is based on no contamination such as plastic and minimal moisture content. Baled Corrugated Cardboard Rumpke Recycling will pay $20.00 under Chicago High Side from the Official Board Markets, transacted paper stock prices for baled Cardboard Bales must conform to industry standards such as metal ties. Glass (Clear & Colored) _ Rumpke Recycling will accept both clear & colored glass at a no charge/ no rebate level. Rumpke Waste Removal and Recycling Systems Printed on 100% recycled paper. S- EXHIBIT_ PAGE %' OF DATE (MWDD/YY) ACORD CERTIFICATE OF LIABILITY INSURANCE 07/12/04 PRODUCER 1-513-333-0909 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Acordia - Cincinnati, OR ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1014 Vine Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE Suite 1100 COMPANY Cincinnati, OR 45202 A AMERICAN INTERNATIONAL SPECIALTY INSURED COMPANY RUMPKE OF OHIO, INC. B American Home Assurance Insurance Company COMPANY 10795 HUGHES ROAD C COMMERCE & INDUSTRY COMPANY CINCINNATI, OR 45251 D UNITED STATES FIRE INSURANCE COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSUANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DDIYY) POLICY EXPIRATION DATE (MMIDD/YY) LIMITS C GENERAL LIABILITY COMG3777780 09/25/03 12/10/04 GENERAL AGGREGATE $ 5000000 PRODUCTS-COMP/OP AGG $ 5000000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X�OCCUR PERSONAL &ADV INJURY $ 5000000 OWNER'S& CONTRACTOR'S PROT EACH OCCURRENCE $ 5000000 FIRE DAMAGE (Anyone fire) $ 100000 MED EXP (Any one person) $ 5000 B AUTOMOBILE LIABILITY 11282162 12/10/03 12/10/04 COMBINED SINGLE LIMIT $ 2000000 X ANY AUTO BODILY INJURY (Per person) $ ALL OW NED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ X X HIRED AUTOS NON-OWNEDAUTOS PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT $ AGGREGATE $ A EXCESS LIABILITY BE1393126 09/10/03 12/10/04 EACH OCCURRENCE $ 25000000 AGGREGATE $ 25000000 X UMBRELLA FORM OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC STATU- TORY LIMITS OTH- ER EL EACH ACCIDENT $ THE PRIORIETOR/ EL DISEASE -POLICY LIMIT $ PARTNERSIEXECUTIVE INCL OFFICERS ARE: HEXCL EL DISEASE - DISEASE $ OTHER C EMPLOYERS LIABILITY COMG3777780 09/25/03 12/10/04 EMPLOYERS LIAB 1000000 D EXCESS AUTO 5315000049 12/10/03 12/10/04 EXCESS AUTO 1000000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS RE: PURCHASE OF RECYCLABLE MATERIALS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF RICHMOND EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS DEPARTMENT OF SANITATION WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE 2380 LIBERTY AVENUE COMPANY ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE RICHMOND, IN 47374 L//�\ USA ACORD 25-S`(1196) ACORD CORPORATION 1988' RUMPKE 1975608 Powered By CertificateSNOWT"I This certi law. Ther For more POLICY NO. 1270990 www.ohiobwc.com STATE OF OHIO BUREAU OF WORKERS' COMPENSATION COLUMBUS, OHIO 43215-2256 'TIFCCATE GF PREMIUM PAYM�N�f ,. the State Insurance Fund as required by benefits of the'fund for the period specified. ISPICUL P LY POSTED. THIS CERTIFICATE MAY BE REPRODUCED AS NEEDED PERIOD SPECIFIED BELOW 1 /1 /2004 TH R U 8/31 /2004 ADMINISTRATOR