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Home My Public Portal About006-2005 -Steri-Safe Contract• ice' Stericyclec' STER.T•SAFESERVICEAGREEMENT Customer Richmond Police Department Address SON S"' Street City/State/Zip Richmond, IN 47374 E-Mail SCOPE OF SERVICES Medical Waste Pickup and Disposal Complete Documentation Flat Monthly Fee 7 Scheduled Service Frequencies 2 3 4 6, 13, 26, or 52 stops/year) Updated OSHA Compliance Manual Includin forms Interactive Multimedia Bloodborne Pathogens Training on CD-ROM Quarterly Audio Safety Meetings On Critical and Timel Safe To ics Hazard Communication Poster Product Disc nuo—ts MSDS System on CD-ROM Updated BI-Annually Mock OSHA Inspection 1--um roster On Site Annual OSHA Training with a qualified instructor Ma uali for CE Units GUARANTEE - If by following our program You are found not to be in compliance with OSHA Steri cle will a our fine! PER MONTH ( PLEASE CIRCLE ONE) $ 45.82 Customer # 1018939 Site ID# 001 Phone # 317-983-7259 Fax # ** Please Update Above Information ** Steri.Safe Pro rams $ 60.71 Economy Program ( Medical Waste pick-up & Disposal Only) $ 29.49 Please select ONE program and payment option 'AYMENT srNF�„-,�,i.—.7 �-= . urrent Stops per Year: Any additional P_LEASE_1 ISTOMER X 'ctive Date MONTHLY * Monthly pay nt available for pick u frequencyQUARTERLY X —NNUA 4 greater tha ve per year. charge per a $ 120.00 elected by Customer shall be billed separately according to current Stericycle pricing. AND CONDITIONS ON THE REVERSE SIDE OF THIS AGREEMENT Titre & Pis ' �1 fi lie (4 7o� Date Contract No. 6-2005 00301-2 Term TERMS AND CONDITIONS Subject to the provisions of "Termination" below, the term ("Term") of this Agreement shall be thirty six (36) months from the date of execution of this Agreement. (a) This Agreement shall automatically renew for successive terms equal to original Term of this agreement unless either party has notified the other a day period prior to any such renewal date of its desire to terminate this Agreement. Each such automatic renewal shall be for the original term of this agreement, commencing relevant renewal date and ending at the completion of the relevant renewal term. All automatic renewals shall be subject to the same terms and conditions as this original Agreement. party in writing during the sixty g on the (b) SRCL reserves the right to adjust the contract price to account for operational changes it implements to comply with documented changes in law or to otherwise ad escalation. SRCL may charge Customer a fee to cover its administrative costs in the event that Customer changes its service program during the Term. SRCL may change ement. any of its goods or services not covered by this Agreement at any time without notice to Customer. dress cost Y g the price of (c) In the event Customer attempts to terminate this Agreement prior to expiration of the term hereof (or any renewal term hereof) or fails to perform any of its obligations under Agreement, SRCL shall have, without limitation, all rights and remedies provided at law or in equity, as well as the right to recover from Customer an amount (which the parties acknowledge constitutes SRCL's liquidated damages and not a penalty)g der this partial months), remaining until the expiration date of the then current term hereof fifty percent of the Customer's average monthly charge multiplied by the number of months (included y Billing SRCL shall provide Customer with monthly, quarterly or annual invoices that are due upon receipt. Customer agrees to pay a late charge on any amounts owed to SRCL that than 30 days old, at a rate equal to the lesser of 1 %% per month or the maximum rate permitted by law. Customer shall bear any costs that SRCL may incur in collectingoverdue amounts from Customer, including, but not limited to, reasonable attorneys' fees and court costs. Should any amounts due pursuant to this Agreement remain unpaid for more than 30 days from the date of the debt's first invoice, SRCL shall have the option, without notice to Customer, to suspend service under this Agreement until the overdue amormts 1are more charges and collection fees) are paid. In the event that SRCL suspends services under this Agreement, SRCL may remove all containers belonging to it from Customer's premises. Any non -compliant containers will be billed an additional container charge at the current container rate. Non compliant containers include containers in excess of 60pounds,us late containers with hazardous or radioactive waste, improperly packaged or labeled medical waste. premises. Indemnification SRCL shall indemnify and hold harmless Customer from any liabilities arising from the gross negligence or willful misconduct of SRCL in the performance of its obligations Agreement. Customer shall indemnify and hold harmless SRCL from any liabilities arising from the gross negligence or willful misconduct of Customer, which shall include be limited to, failure to properly package or segregate Biomedical Waste. Each a under this successful indemnification claim under this Paragraph. Customer agrees to pay SRCL's reasonable Pay attorney's el saincured for any successful defense ttorneys' fees and costs incurred ythe other in by SRCL of a suiitt'forng a but not indemnification brought against SRCL by Customer. SRCL will indemnify and hold harmless any Customer who subscribes to a Preferred Program from any monetary fine resulting from an OSHA citation covering a blood-bome pathogen or medical waste management practice specifically covered by the Preferred Program training and materials. Provided, however, that SRCL's obligation to indemnify Customer under this Paragraph is contingent on (a) Customer following each and every recommendation and instruction included within the Preferred Program (whether ex verbally by a SRCL or as set forth in any written or electronic materials) and b pressed inspection, and shall allow SRCL to attend the inspection and to defend the Customer's blood -borne pathogen and medical waste management practices during the inspection. Customer's failure to perform any of its obligations under this Paragraph to SRCL's satisfactomer ion shall absolve SRCL of its in tifying SRCL as soon as le after it Teams that it will be the subject of an OSHA paragraph applies only err the any of it Program. indemnification responsibilities under this Paragraph. This Compliance Materials To the extent that SRCL provides Customer with any electronic or printed materials (the "Compliance Materials") it provides these materials subject to a limited license to Customer use the Compliance Materials for Customer's own, non-commercial use. SRCL may revoke this license at its discretion at any time. Customer may not copy or distribute the Compliance Materials in any manner. Customer agrees to return all Compliance Materials to SRCL at Customer's expense at the expiration or termination or this Agreement. may charge Customer a fee for failure to return Compliance Materials at the expiration of the Term or a restocking fee for return of materials prior to the expiration of the Te nto Surcharge SRCL Tenn. Excess waste volumes significantly greater than average volume for similar generators shall be subject to a surcharge at the current surcharge container rate at SRCL's discretion. SRCL will impose this surcharge to deter abuses such as solid waste disposed in the medical waste stream, or Customer consolidation of the waste of several generators under one site, etc. Compliance with Laws SRCL hereby agrees to carry General Liability, Automobile Liability, and Workmen's Compensation Insurance as required by applicable state law, and to otherwise comply w' federal and state laws, rules and regulations applicable thereto and relating to its performance hereunder. Customer hereby agrees to comply with all federal and state laws rules regulations applicable thereto, including, without limitation, all applicable record keeping, documentation and manifesting requirements. p y with all Exclusivity es and Customer agrees to use no other biomedical waste disposal service or method during the Term of this Agreement. Excuse of Performance SRCL shall not be responsible if its performance of this Agreement is interrupted or delayed by contingencies beyond its control, including, without limitation, acts of God war, blockades, riots, explosion, strikes, lockouts or other labor or industrial disturbances, fires, accidents to equipment, injunctions or compliance with laws, regulations, guidelines orders of any governmental body or instrumentality thereof (whether now existing or hereafter created). Independent Contractor g °r SRCL's relationship with Customer pursuant hereto is that of an independent contractor, and nothing in this Agreement shall be construed to designate SRCL as an employee, agent or partner of or a joint venture with Customer. or All containers or equipment owned by SRCL shall remain the property and equipment of SRCL and shall be returned upon the Customer's termination of service. An d such property and equipment, other than normal wear and tear, will be charged to the Customer, and payable to SRCL as additional service cost. Miscellaneous Y damage to This Agreement is governed by and construed in accordance with the laws of the State of�M� shall be binding upon and shall inure to the benefit of the successors, assigns legal representatives and heirs o e parties hereto provided, without re o the conflicts of laws principles of any jurisdiction. This Agreement rights or delegate its obligations under this Agreement without the prior written consent of SRCL, which consent SRCL may not unreasonably withhold. This Agreement may modified or amended and n r term or provision hereof may be waived except by a written instrument executed by both parties or, in the case of a waiver, b the may not assign its waiver. No waiver rs any provision hereof shall be deemed a waiver o any other provision hereof or shall constitute a continuing waiver. This Agreement embodies the entirenot be agreement and understanding between the parties hereto with respect to the subject matter hereof and supersedes all prior agreements, commitments, arrangements, negotiations and Y Pane granting such understandings between the parties with respect thereto. In case any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid ills unenforceablor e in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement, this Agreement shall be construed as if such i illegal, or unenforceable provision had never been contained herein, unless such finding shall impair the rights or obligations of SRCL hereunder, in which event at SRCL gal this Agreement may be terminated. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which when taken to ether invalid, constitute one and the same instrument. option, this g shall Effective Date sow 00301-2