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:
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Robin A.Harvey City Clerk-Treasurer
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Attached Agreement for Garbage Services I
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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
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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