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HomeMy Public PortalAboutResolutions_22-43_10/10/2022 RESOLUTION NO.22-43 A RESOLUTION APPROVING CONTRACT WITH SANITARY SERVICES FOR GARBAGE COLLECTION WHEREAS, an agreement has been reached by the City of Marcus, .Iowa with Sanitary Services, Cherokee,Iowa for the Collection of Garbage in the City of Marcus; and WHEREAS, the consideration of this agreement will be for a period of three (3) years, beginning on October 10`h,2022 ending October 1 Ot',2025 with a provision for annual renewal; NOW BE IT RESOLVED by the City Council of the City of Marcus,Iowa,that the City Council does hereby authorize the execution of the attached agreement. PASSED AND APPROVED this 1O'h day of October 2022. Pat Bunt--Mayor ATTEST: I I Robin A.Harvey City Clerk-Treasurer I I f I I I I 1 1 1 I I 1 1 I 1 I I I I I f I f I I Attached Agreement for Garbage Services I i I I 3 i I i f I AGREEMENT FOR GARBAGE SERVICES This agreement,made on this 10th day of October 2022,is by and between SANITARY SERVICES(hereafter called CONTRACTOR),and the City of Marcus,Marcus,Iowa(hereafter called CORPORATION). CONTRACTOR and CORPORATION,in consideration of the mutual premises and agreements set forth herein, agree as follows: I. SCOPE OF WORK. A. CONTRACTOR shall furnish all of the equipment,labor,materials,supplies,and all other things necessary to perform the task of collecting and disposing of garbage,refuse,all household trash,and any and all other items disposed of and set out for collection at residences within the City of Marcus in compliance with the instructions contained in section 6 of this agreement. B. CONTRACTOR shall pick up and haul away all garbage and all tin and glass containers and household trash from each and all residences within the corporate limits of the City of Marcus,Iowa and shall dispose of same, either in landfills whenever provided by the cities and rural area of Cherokee County, or as many be required by Iowa Law. C. CONTRACTOR shall comply fully with the rules and regulations of any state or federal agency regarding landfill procedures, air pollution,surface water pollution and any other pollution requirements of any such agency. D. CONTRACTOR,at CONTRACTOR'S expense,shall obtain and maintain in full force and effect all permits for the use of landfills,and any other permits necessitated by any state, local or federal agency, E. Any conveyance,vehicle or equipment CONTRACTOR uses to pick up and haul garbage and refuse, and any containers used to store such garbage and refused, must conform to the general specifications of what is known as"garbage packer" so as to prevent any of the garbage and containers for falli9ng off into the streets, alleys,roads or byways of CORPORATION. CONTRACTOR, shall be responsible for pickup and disposal of any garbage or container that may fall off or out of its conveyance or containers,regardless of fault for their falling out or off. CONTRACTOR shall dispose of said containers outside the corporate limit of the corporation as provided in section B,above. F. CONTRACTOR shall pick up and haul away garbage once each week from the residential district and recycling once every other week Garbage shall be picked up on Monday,recycling on every other Thursday,except that if weather conditions prevent pickup on said day,CONTRACTOR shall pick up and haul away the garbage and recycling and all containers as soon as weather conditions permit. If a holiday occurs on a Monday,CONTRACTOR shall pickup the garbage the day following the holiday. CONTRACTOR shall not start residential collections before 6 AM. Further,CONTRACTOR shall be responsible for picking up all the garbage from the commercial business once or twice a week as such businesses request and to be done on Monday and as necessary by request. G. CONTRACTOR shall pick up the garbage and containers in front of the residences on every street within the corporate limits of CORPORATION. H. CONTRACTOR shall comply with all Iaws and regulations of any local,state or federal agency which are or may become applicable to the conduct of the CONTRACTOR'S work hereunder. I. CONTRACTOR shall pay all royalties,permits and license fees and shall defend all suits and all claims for infringement of any patent rights connected to equipment or any other process used in performance of this agreement and shall indemnify and hold CORPORATION harmless from any loss on account of such infringement claim,. J. CONTRACTOR shall provide and pay for all materials,labor, equipment,labor, equipment,and any other items necessary to carry out the terms of this contract. CONTRACTOR shall maintain all equipment in serviceable condition and all workmanship shall be of good quality. K. TERM.This contract shall be for a period of beginning the I Oth day of October 2022 and ending the I Oth day of October 2025. The contract may be renewed by CONTRACTOR for an additional one-year term, at CONTRACTOR'S option,so long as CONTRACTOR gives CORPORATION written notice of CONTRACTOR's intent to renew at least nine1y da s before the date of termination set forth above. Any extension under this provision shall be at the same rate as set forth in section 5,herein. In the event CONTRACTOR'S request to renew includes a request for a fee increase,CONTRACTOR shall give CORPORATION at least 120 days before the expiration date of this agreement set out above. CORPORATION shall acceptor reject the fee increase,within 30 days of its presentation. If CORPORATION accepts the fee increase,a renewal contract shall be drawn effecting the rate increase. If CORPORATION rejects the fee increase, contract shall be bid pursuant to the Iowa Code. 2. TERMINATION. CORPORATION shall have the right to terminate this contract in the event CONTRACTOR has breached the agreement by neglecting to process the work properly or failing to perform by neglecting to process the work properly or failing to perform any provision of this contract if CORPORATION has given CONTRACTOR 10 days of written notice and CONTRACTOR has failed to remedy the breach. If the breach is neglecting to process work properly and if the same breach is repeated, after notice and correction,more than two times,CORPORATION shall have the absolute right to terminate this agreement by sending CONTRACTOR written notice of termination and CONTRACTOR shall not have an additional opportunity to remedy. In the event of termination under this provision, CONTRACTOR shall forfeit its bond(set out in section 5,below)and any balance due under this contract at the time of notice. 3. PAYMENT. CORPORATION shall pay CONTRACTOR the sum$13.25 dollars per month for each unit serviced within the corporate limits of MARCUS,payable monthly. A unit shall mean a residence address. The City Clerk for the CORPORATION shall I make payment to the CONTRACTOR monthly. The City Cleric shall include a list of the number of units serviced each month. 4. INDEMINTY AND BOND. CONTRACTOR herby agrees to indemnify and defend the CORPORATION from and against any and all claims,causes of action suits,or demands, made by any person,including claims under worker's compensation acts and any and all other claims for damages because of bodily injury,including death,which may arise from and during the performance of this agreement,whether such performance be by CONTRACTOR itself or by a subcontractor or anyone directly or indirectly employed by either of them.. This indemnity include reasonable attorney fees and all costs attendant to any claim. CONTRACTOR shall protect this indemnity by providing insurance coverage, covering;CONTRACTOR and any employees,agents or subcontractors and naming the city as an additional named insured. The limits of liability shall be whatever is required by statute for worker's compensation,not less than$500,000 per person and$1,000,000 per incident for personal injury claims,and$50,000 for property damage claims. The insurance contract shall commence on this date of this agreement and extend until and including the last day of this agreement. A certificate of insurance shall be filed with CORPORATION and shall be provide that no change or cancellation shall be effective, without at least 30 days prior written notice to the CORPORATION of any change or cancellation. In addition,CONTRACTOR shall maintain,a bond in the amount of $10,000 for the faithful performance of CONTRACTOR's obligations hereunder. 5. CORPORATION'S OBLIGATIONS. CORPORATION shall notify residents within the corporate limits of CORPORATION and businesses being served,that 0 garbage,trash and refuse must be in suitable container,not in excess of forty(40)inches in height or in excess of seventy-five(75)pounds weight when£ull. No material, except plastic bags which are tightly closed,shall exceed four(4)feet in length. All garbage containers shall' be placed not more than six(6)feet from the curb and must be placed there before 6:00 AM on the day of pickup. 6. GARBAGE CAN. Contractor will provide 1 residential container for each and every residential household within the city limits of Marcus. 7. MISCELLANEOUS. a. Any changes in this agreement must be in writing and signed by both parties before same will be considered valid. b. All notices required hereunder shall be given to CONTRACTOR at the address listed herein and to CORPORATION at City Hall,Marcus,Iowa. c. This agreement constitutes the entire agreement between the parties and supersedes all prior understandings,representations, and agreements of any nature,written or oral. This agreement is signed on the 10'h day of October 2022 and it shall be effective on the 10th day of October 2022. Pat Bunt,Mayor Eric Lundell, Sanitary Services Attest: �� - Robin A.Harvey